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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-9/11/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Meeting Agenda Monday, September 11, 2006 7:00 PM City Council Chambers Planninq and Zoninq Commission City of Colleyville Meeting Agenda Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, September 11, 2006 7:00 PM "'0 City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 2. ROLL CALL Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Bartkowski 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES August 28,2006 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Case P-06-044 - Final Plat of Lot 8, Block 1 of the Heritage Office Pare Addition on 2.32 acres located at 5209 Heritage Avenue 7b Case P-06-045 - Final Plat of Lots 1-4, Block B of the Heritage High School Addition on 2.13 acres located at 5108 and 5140 SH121 City of Colleyvilfe Page 1 Printed on 9fl/2006 Planning and Zoning Commission Meeting Agenda September 11, 2006 8. PUBLIC HEARING AGENDA ITEMS 8a Case Z-06-016 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the W.C. Newton Addition 8b Case Z-06-020 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural and CN-Neighborhood Commercial to PUDR-Planned Unit Development Residential on 3.87 acres of the G. Minter Survey and 1.79 acres of the Habra Addition located at 3798 to 3804 Glade Road 8e Case Z-06-022 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to R20- Single Family Residential on .97 acres out of the S. Cotrail Survey located at 2406 Glade Road 8d Case Z-06-023 - PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20- Single Family Residential on 23.584 acres out of the Isaac Carodine Survey, C. newton Survey and the W. C. Newton Subdivision located at 704-800 L.D. Lockett Road 9. TABLED AGENDA ITEMS 9a 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 1 O. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 11. COMMISSIONERS' COMMENTS AND REPORTS 12. I here certify th bove agenda was posted on the bulletin boards at City Hall on Thursday, September 7, 2006 Amy Shelley, Planning and Zoning Assistant City of Colleyvilfe Page 2 Printed on 9fl/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Minutes - Draft Monda~August28,2006 7:00 PM City Council Chambers Planninq and Zoninq Commission Planning and Zoning Commission Minutes - Draft August28,2006 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE DISCUSS LAND USE TABLE MODIFICATIONS 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 28, 2006 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly 3. INVOCATION The invoeation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Taylor moved to approve the August 14,2006 meeting minutes as written. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS Commissioner Byerly stated to the audience that items 7b and 7c would be switched. 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, Block 2 of the Pleasant Oak Estates Addition located at 505 Leta Lane Chris Fuller presented the case and briefed the Commissioners. City of Colleyville Page 1 Printed on 8/29/2006 Planning and Zoning Commission Minutes - Draft August 28, 2006 Commissioner Duffy questioned staff regarding if the tree preservation analysis has been completed? Chris Fuller replied that plan will be due at the time of lot clearing and grading and done on a lot by lot basis. Commissioner Byerly opened the public hearing at 7:12 p.m. James Gray, the applicant, presented the case and briefed the Commissioners. He questioned staff how he is to plan for the sidewalks and trails since there are not any in the area? Barry LeBaron suggested to Mr. Gray to talk with the Engineering department since they may have you build or escrow the cash equivalent. He also stated applying for a waiver from the city council regarding the sidewalk or trail. There being no one wishing to speak, the public hearing was closed at 7:15 p.rn. Commissioner Duffy questioned staff which will Mr. Gray do: build the sidewalk, ask for the waiver or escrow the funds? Barry LeBaron replied the requirement of the code states the applicant will have to build the sidewalk or escrow the funds. He stated the Engineering department may ask to escrow those funds if the street is not ready for sidewalks. Commissioner Bartkowski stated the right of way for the sidewalk would need to be dedicated on the plat, at this time. Barry LeBaron stated the right of way was dedicated on the original plat in the beginning, this is a replat subdividing the lot. He stated the waiver is not part of the plat being presented tonight. Commissioner Duffy questioned staff if the applicant is aware of his options? Mr. Gray stated he is not completely aware but he thinks he will ask the city council for a waiver. Mr. Gray questioned staff if the parkland dedication fees will also apply? Barry LeBaron replied yes, for the newly created lot. Mr. Gray questioned staff if there is an option for a waiver on that fee? Barry LeBaron replied not having seen one since he has been with the city. Commissioner Duffy stated being uncomfortable with this case since the applicant in not aware of some of the issues. He suggested tabling the case until the applicant has a further understanding of the issues. Commissioner Byerly stated the applicant does not have to accept this plat by not filing the plat. City Attorney concurred. Commissioner Duffy questioned staff regarding the parkland dedication fees and impact fees, when will those be paid? Barry LeBaron replied the plat will not be filed with the county until those fees are paid. If the applicant chooses not to file the plat, then those fees will not be paid. He also stated the sidewalk can be built once a structure is built on the property. Commissioner Byerly moved to approve case P-06-041. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 5 - McCormick, Bartkowski, Taylor, Blassingame, Byerly Nay: 2 - Dudziak, Duffy 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 1 of the Miller Addition, Lot 1, Block 1 of the Lancaster Hill Addition & Lot City of Colleyville Page 2 Printed on 8/2912006 Planning and Zoning Commission Minutes - Draft August 28, 2006 1 J Block 1 of the Giacomini Addition at 805 to 901 Lavaca Trail Commissioner Taylor recused herself from this agenda item. Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff if the applicant has submitted any additional information regarding this request, maybe a plat? Chris Fuller replied the applicant has submitted a preliminary plat, however, it is not ready to move forward with the rezoning request. Commissioner Duffy questioned staff regarding if the applicant has responded to the Development Review Comments for the rezoning request? Chris Fuller replied no. Commissioner Byerly opened the public hearing at 7:30 p.m. Ron Shirley, the applicant, presented the case and briefed the Commissioners. Marty Stajduhar, 101 Williamsburg Court. stated being opposed to the rezoning request with concerns for the R20 density. Jeff Zimmerman, 501 Lavaca Trail, stated being opposed to the rezoning request with concerns for traffic and density. Tyrous Ingram, 400 Vintage Court, President of the Remington Park HOA, concurred with Mr. Zimmerman and stated being opposed to the density for this development with concerns for traffic and safety of the children. Bill Pacilio, 500 Lavaca Trail, concurred with the other speakers and stated having concerns with the traffic and safety for the children. He stated this area can be developed as it is zoned R40. Ed Peek, 507 Mustang Court in Remington Park, stated Lavaca Trail will be developed, but originally, Lavaca Trail was suppose to be blocked off at Remington Park. He questioned how is the city going to make sure the residents will not cut through the Remington Park addition? He stated there are a lot of children in this area. He stated the city should consider a plan for the additional traffic. Steve Martin, 813 W Lavaca Trail, stated he is one of the property owners that is trying to sell his property to this developer. He stated being in support of the development. Nan Martin, 813 Lavaca Trail, concurred with her husband, Steve Martin and stated she is not interested in keeping the country feel. Chad Perry, 1633 Willis Lane, Keller, son in law of Steve and Nan Martin, stated being supportive of the development. Carlo A. Ugolini, 901 Lavaca Trail, stated being supportive of the development, resides directly beside the property to be rezoned. Leonard Pratt, 711 W Lavaca Trail, stated being concerned for the north south road going through his property for this development. He would like to know where the roads will go. There being no one wishing to speak, the public hearing was closed at 8:05 p.rn. Commissioner Duffy questioned Mr. Shirley regarding why he has not responded to the Development Review Committee comments. Mr. Shirley stated not being able to get City of Colleyville Page 3 Printed on 8/29/2006 Planning and Zoning Commission Minutes - Draft August28,2006 with the Engineer of the adjacent property to work out the connection between the two communities. He stated wanting to tweak the preliminary plat to make this project work. He stated he would be able to put in a prohibited turn, if needed. Commissioner Duffy questioned Mr. Shirley regarding the drainage plan, what is the flow, contours and topography? Tom Hoover, Engineer for the project, came forward to answer questions and discuss with Commissioner Duffy using the drawings provided. He stated they are going to work with the terrain and make the streets route all of the water into the retention pond. There will be a detention pond as well, therefore the water will not leave at a rate greater than what is currently in place today. Commissioner Duffy questioned if he has discussed the information with the city engineer department? Mr. Hoover stated he had several times. Mr. Shirley stated there are wells on the Martin property which will be used to maintain the open space, trees. Barry LeBaron explained to the Commissioners that because staff was trying to coordinate meetings with the adjacent project to get the connectivity with the streets, Mr. Shirley was not able to have a complete preliminary plat to present at the same time as the rezoning application. Commissioner Duffy questioned Mr. Shirley regarding if a Homeowners Association will be mandatory? Mr. Shirley replied yes, there will be a HOA for this development. Commissioner Byerly questioned Mr. Shirley if there would be any way he could maintain R40 lots on Lavaca Trail? Mr. Shirley stated no, but he is looking to do a tree buffer. Commissioner Blassingame questioned staff regarding what is the history of the gate into Remington Park, is there suppose to be one? Barry LeBaron replied not knowing about any gate to be put in place. Commissioner Dudziak stated the road is undersized for this type of traffic for the R20 density. The Commissioners have not looked at the road trips created by developments. Commissioner Byerly concurred with Commissioner Dudziak, he stated the city council must have envisioned that the R40 density would stay in this area. This project is too dense for this property or area. Mr. Shirley stated he could come up with something that might work for this area, but he would need time, maybe to the next Planning and Zoning meeting. Commissioner Byerly concurred. Commissioner Blassingame concurred, but the traffic still needs to be addressed. Commissioner Dudziak stated Lavaca Trail and the intersection at Precinct Line Road are not ready for the traffic the project will create. Commissioner Byerly moved to continue case Z-06-019 to the September 11, 2006 meeting. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Blassingame, Duffy, Byerly Abstain: 1 - Taylor 7e Case Z-06-021- PUBLIC HEARING - Consider a change on zoning to City of Col/eyville Page 4 Printed on 8/29/2006 Planning and Zoning Commission Minutes - Draft August 28, 2006 repeal a Special Use Permit for alcoholic beverage sales on Lot AR, E.M. Thompson Subdivision, located at 5224 Colleyville Boulevard Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:22 p.m. There being no one wishing to speak, the public hearing was closed at 7:22 p.m. Commissioner Dudziak questioned staff regarding if there will be a time limit to renew the Special Use Permit? Barry LeBaron replied no, it will go back to the base zoning district, CC2. If for some reason in the future an applicant wants a Special Use Permit to sell alcohol, they will have to apply for a Special Use Permit and present it to the Planning and Zoning Commission as well as City Council. Commissioner Dudziak questioned staff if the property owner has agreed in writing? Barry LeBaron replied no, but the owner has been notified and he has not responded to the contrary. City Attorney stated being ok with the Commissions actions to repeal the Special Use Permit Commissioner Blassingame moved to approve case Z-06-021. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly 8. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 9. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Duffy questioned staff regarding since there was not sufficient information for the rezoning case, why was it on the agenda? Barry LeBaron replied the applicant had until as late as Friday afternoon to get the comments back to staff, therefore it does not leave time to notifiy the citizens that it has been pulled from the agenda once it is posted. Commissioner Dudziak stated the Commissioners really need to pay closer attention to the traffic flow of the city. Commissioner Blassingame concurred. 10. ADJOURNMENT: There being no further business before the Planning and Zoning Commission, meeting adjourn at 8:45 p.m. Approved by acclamation. 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 Colfeyville Page 5 Printed on 8/29/2006 . 'hiX.... City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 09/11/2006 Requester: Community Agenda No.: 7a Final Action: Development Department File Name: Case P-06-044 - Final Plat of Lot 8, Block 1 of the Heritage Office Parc Addition on 2.32 acres located at 5209 Heritage Avenue Attachments: Location and Zoning Map' Development Review Committee Memo . Applicant's Response . Plat History of Legislative File Version: Date: Acting Body: 1 09/11/2006 Planning and Zoning Commission Title Case P-06-044 - Final Plat of Lot 8, Block 1 of the Heritage Office Pare Addition on 2.32 acres located at 5209 Heritage Avenue Explanation STAFF REVIEW COMMENTS TAK Enterprises, Inc., the owners of the subject property, has submitted a final plat for 2.2 acres located near the northeast corner of the intersection of Heritage Avenue and Gateway Drive. The plat consists of one (1) commercial lot. The applicant has submitted the plat for review and consideration by the Planning and Zoning Commission. The following is an analysis of the issues associated with this final plat. Zoning. The proposed plat area is located within the CC2-Shopping Center zoning district. The minimum lot size in the CC2 zoning district is 20,000 square feet. The lot exceeds the lot development standards for the CC2 zoning district. Sidewalks and Trails. This development is not required to construct a sidewalk along Heritage Avenue as there is an existing sidewalk adjacent to the subject property. The developer will be responsible for replacing and/or repairing the sidewalk, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. City of Colleyville Page 1 Printed on 9fl12006 Agenda Briefing Continued Drainage. No public drainage improvements are required for this development. However, a site drainage study shall be required prior to the issuance of any building permits. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property since Heritage Avenue is considered an improved street and currently meets the design standards. Tree Survey and Replacement Requirements. Aerial photos show a small gathering of trees located along the west property line of the site. A tree survey will be required prior to the approval of a lot clearing and grading permit. A tree replacement plan will be required for the removal of these trees unless they are located within a building pad-site, which is exempt from mitigation requirements. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. Summary. The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. Recommendation Approval City of Colleyvilfe Page 2 Printed on 9n12006 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE September 1,2006 TO Jason Rawlings FAX NO 817.282.0401 FROM Chris Fuller, Development Coordinator SUBJECT P-06-044 Heritage Office Parc Lot 8 minor plat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Add the following note to the plat: A drainage study and construction plans for public improvements must be submitted and approved prior to the issuance of building permits. Contact Robert Woods, Project Engineer, 817.5030.1094, for more information. 2. Buildings constructed on the same lot will require a 20-foot separation. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvements are not required since Heritage Avenue is considered an improved street. PARKLAND DEDICATION FEES. Parkland dedicationftes are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. An assessment of parkland dedication fees will be provided upon approval of the fmal plat. SIDEWALKS AND TRAILS. There is an existing sidewalk located on this site along Heritage Avenue. The developer will be responsible for replacing and/or repairing the sidewalks, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. PUBLIC WORKS IMPROVEMENTS. The City of Colleyville Engineering Department will provide construction plans comments for public works improvements separately. Please coordinate directly with Engineering Department staff regarding construction plans comments, 817.503.1094. 100 Main Street Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P~6~35 Heritage Office Pare minor plat 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. ROADWAY The fee for non-residential uses depends on the proposed use of the property. Details are available in Chapter 13 of the Land Development Code. $2,491 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. WATER SEWER The following impact fee schedule is applicable for building permits issued on or before March 31,2007. ROADWAY The fee for non-residential uses depends on the proposed use of the property. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER TREE PRESERVATION. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, September 25, 2006, 7:00 p.m. Please submit the following to our offices: · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived; · 12 full size copies of the revised exhibit and one reduced copy (8.5 XII). The above requested items must be submitted no later than noon on Wednesday, September 20, 2006, in order to make the scheduled hearings. Please contact me at fullerc@ci.colleyville.tx.us or 817.503.1054 if you have any questions. PAGE20F2 Applica Moa ,8 · TOPQ~phy . FOreI)SicS~eys . JAind TIueSurv.eys . Any Size Bourtdaiy . Coristruction Layout " Plattirig/Lartd Planning . . . L,S~L:S.. ~.I>.L.S. .S. .s. , R.P.L.S. Texas . NewMliiico . ArizOna .. Nevada September 5, 2006 Mr. Chris Fuller City of CoIleyville 1 00 Main Street CoIleyville, Texas 76034 Re: Lot 8,J1tocJt 1, Ilult(1geO.f1jcePat'cp-p~44 Dear Chris: l1:Usletter.is toinfonn youtbatI have madethefQUowingreVisionstothe~y(}~fe:r~IJ~Pmlasy()U requested:. ... .. .... 1) I have added the note fegardingadditiQllalsul>nUttaIs forb~dj1lgpermit. 2) The requirement of the distance be!\vetm buildin~ba$beeIl dlllY'D()tett. 3) The illfonnation regardingthef~ tequi{ement$ba$~du1ypoted. .A.s~~ys. 1 deem itapl~eto prepareJ~~ inthe~ity()f(Jolle.YVineCU1d'SI1Qq1dJ'QUb4ve any acidmC@Ucomments please do not hesitate to caIl,1mtol' e-mail me. :;9'- Jason B. RawlingS, R.P.L.S. jbr@moaksurveyors.com "" 00: Paul Moss, TAK Enterprises .?' HQ.5Chee!.cSparger Road.Colleyville. 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" ~ ~~ ~.,~. ~~ - i r i + City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 09/11/2006 Requester: Community Agenda No.: 7b Final Action: Development Department File Name: Case P-06-045 - Final Plat of Lots 1-4, Block B of the Heritage High School Addition on 2.13 acres located at 5108 and 5140 SH121 Attachments: Location and Zoning Map. DRC Memo. Applicant's Response. Plat History of Legislative File Version: Date: Acting Body: 09/11/2006 Planning and Zoning Commission Title Case P-06-045 - Final Plat of Lots 1-4, Block B of the Heritage High School Addition on 2.13 acres located at 5108 and 5140 SH121 Explanation STAFF REVIEW COMMENTS Classic Concepts has submitted a final plat for 2.1 acres located near the northwest corner of the intersection of Glade Drive and SH121. The plat will subdivide the property into four commercial lots. The applicant has submitted the plat for review and consideration by the Planning and Zoning Commission. The following is an analysis of the issues associated with this final plat. Zoning. The proposed plat area is located within the CC2-Shopping Center zoning district. The minimum lot size in the CC2 zoning district is 20,000 square feet. Three of the four lots exceed the minimum lot size for the CC2 zoning district. Lot 4 contains 6,655 square feet. The developer is requesting a waiver of the minimum lot size for Lot 4. Staff concurs with the applicant's assertion that the minimum lot size waiver is justified in order to have a recorded property description. The purpose of the lot is provide separate ownership of the access easement to the property to the north. If the waiver is not granted, the applicant may resubmit the minor plat with the three lots that are in compliance with the lot development regulations and the parcel currently labeled Lot 4 will remain as an un recorded out parcel. City of Colleyville Page 1 Printed on 91812006 Agenda Briefing Continued Sidewalks and Trails. The Land Development Code requires sidewalks on Gateway Drive. The sidewalk must be four feet in width and constructed as part of the public improvements to the property. Drainage. No public drainage improvements are required for this development. However, a site drainage study shall be required prior to the issuance of any building permits. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property since Gateway Drive is considered an improved street and currently meets the design standards. The developer is aware of the curb-cut spacing standards and has provided mutual access easements to accommodate public access to all lots. Tree Survey and Replacement Requirements. Aerial photos show a gathering of trees throughout the site. A tree survey will be required prior to the approval of a lot clearing and grading permit. A tree replacement plan will be required for the removal of these trees unless they are located within a building pad-site, which is exempt from mitigation requirements. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. Summary. The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code, except for the minimum lot size of Lot 4. Staff concurs with the applicant's justification for approving the lot size regulation waiver. Recommendation Approval City of Colleyville Page 2 Printed on 91812006 121 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE TO FAX NO FROM September 1, 2006 David Myers 817.282.0401 Chris Fuller, Development Coordinator SUBJECT P-06-045 Heritage High School Addition Lots 1-4 minor plat The Colleyville Development Review Committee (DRe) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide letters of consent, signed by each property owner, permitting the applicant to plat the property. The letters of consent must be submitted to staff prior to the plat being scheduled for a Planning and Zoning Commission agenda. 2. Lot 3 does not meet the minimum lot width of 150 feet per the CC2 zoning district regulations. 3. Revise the exhibit to omit Lot 4 and consolidate the property into Lot 3. Lot 4, as shown, is an unbuildable lot that does not meet the lot dimension requirements of the CC2 zoning district. If the intent of Lot 4 is to ensure access to the adjacent property to the north, the a mutual access easement may be placed in the same location within Lot 3. 4. Provide a copy of the 30' access easement currently shown within Lot 4. 5. Contact Robert Woods, Project Engineer, 817.503.1094 or Mike Tekaucic, Public Works, 817.540.0609 regarding the availability of sewer. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvements are not required since Gateway Drive is considered an improved street. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. An assessment of parkland dedication fees will be provided upon approval of the final plat. 100 Main Street, Colleyville, Texas 76034- 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-06-045 Heritage High School minor plat SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks on Gateway Drive. The sidewalk must be four feet in width and constructed as part of the public improvements to the property . PUBLIC WORKS IMPROVEMENTS. The City of Colleyville Engineering Department will provide construction plans comments for public works improvements separately. Please coordinate directly with Engineering Department staff regarding construction plans comments, 817.503.1094. 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 The fee for non-residential uses depends on the proposed use of the property. Details are available in Chapter 13 of the Land Development Code. $2,491 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 install ed. ROADWAY WATER The following impact fee schedule is applicable for building permits issued on or before March 31,2007. SEWER The fee for non-residential uses depends on the proposed use of the property. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER TREE PRESERVATION. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, September 25,2006, 7:00 p.m. Please submit the following to our offices: PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-06-045 Heritage High School minor plat . Letters of consent signed by each property owner; . A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived; . 12 full size copies of the revised exhibit and one reduced copy (8.5 XII). The above requested items must be submitted no later than noon on Wednesday, September 20, 2006, in order to make the scheduled hearings. Please contact me at fullerc(t1),ci.collevville.tx.us or 817.503.1054 if you have any questions. PAGE 3 OF 3 Texas · New Mexico · Arizona · Nevada · Topography · Forensic Survey · Land Title Surveys · Any Size Boundaries · Construction Staking · P1attinglLand Planning David W. Myers, L.S.L.S.. R.P.L.S. John W. Morgan. R.P.L.S. Jason B. Rawlings, R.P.L.5. September 5,2006 City of CoUeyville 100 Main Street Colleyville. Texas 76034 Attn: Chris Fuller, Development Coordinator Re: P-tJ6-045 HerJl8ge Hlg/l Sebool AdtlitJOB MJIltJr Plat Dear Chris: This letter is in response to your comments letter dated September I, 2006 regarding the applicant's minor plat submittal. 1) Consent letters are in the works today from the 4 property owners and are expected by Wednesday 5pm; 2) Lot 3 width was designed to be 150' at the building line and has been confirmed; 3) Our intention by including a non-conforming lot in this plat was to insure the City's control over the lack: of conformity and to avoid issuing building permits by stating its non-oonformity and tbrdter stating on the plat that no building permit will be allowed for said lot as apposed to omitting it from the plat and leaving the last of a "metes and bounds" parcel between platted property to have to contend with at a later date; This parcel has been conveyed to the owner of the Railhead to secure access to his property inspite of the already existing access easements in place, but not quite fitting the improved drive; 4) Aftu fbrther discussion, you acknowledged that copies weren't necessary. However, I have copies of the existing 30' access easements and can provide copies if you decide later that you would like them; 5) Keith Hamilton. P.E. will address the comment regarding availability of sanitary sewer; In addition to the above comments, Alan Curlee of Classic Concepts, Inc. (Applicant). OIl behalf of the owners of the 4 lots, acknowledges and accepts the comments made regarding perimeter street improvements not being required. parkland fees of $800 par acre will be required, 4' wide sidewalk wilt be required along Gateway, impact fees for water, sewer and ro8Elway will be assessed at time of building permit, and trees not located in the right-of-way must be protected during the construction phase. As always, we deem it pleasure to provide this information to Colleyville staff and should you have any further questions or comments, please do not hesitate to call. cS7Y1?D -) David W. Myers dwm@m~eyor& 00: Alan Curlee, builder/applicant 1185 Cheek S...... Road · CoIIeyYIIle, Teas 7......152 · www......~ · Metro 117.268-%211 · Fax 817-282-8401 MeImer T 8lClI8 Society d PMfe Iii_ Sll'vewrwl Americ8n Conaree8 on SIIwm1 and MlIIIDIna Sabm (j 8421 Grapevine Highway North Richland Hills, TX 76180 3001 Highway 121, Suite 210 Euless, TX 76039 September 5, 2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 Attn: Chris Fuller, Development Coordinator Re: P-06-045 Heritage High School Addition Minor Plat Dear Chris: As the owner of proposed Lot ~ Block B, Heritage High School Addition, I do hereby give authorization to David W. Myers of Moak Surveyors, Inc. (Surveyor) and Alan B. Curlee of Classic Concepts, Inc. (Applicant) to prepare the necessary exhibits and address the comments by the City on my behalf. Sincerely submitted, ~ep U~ cuu~ ~;~~rn U~. Utnnl~ L. U~ll' UU OJ.IC.O..,C.A.'" I".c. 9--0$-~ 3.2SPM FROM CLASSIC CONCEPTS 817 280 eeS0 P.2 .De_~. .Ii. Ortt., D. a. AWLT MD'I:ar&TM:U_OI'f IWOOIRT"I" 1'" ''''"'' ''''"'I.::''' '"~. leu. . cur, Il).i,., "~(t." "..."t September S, 2006 City of ColleyviUe 100 Mlin Street Conl)'YUlc, Tau 76034 Aim: 0Iri1 Fuller, Dftolopment Coordinator R.: P.()d-Q4S Heriragf, High Sr:hwl Addttion Mlno,. Plat Ouar Chria: AI tho 01'1'6'" of propoacd Lot -L BIOok B. Hcritap Hi;' ScJaool A4dlti(lA, I do hereby glvc eu.lhorlzation to OI~id w. M)CII ufMoU SurveyOfl, Inc. (Surveyor) GOd Alan B. Curlee of Classic Conoepb. lno. (AppUCMt) CO p~par" Ih~ ncoon.u')" exhlbit..d addrq, ell. oommtDtI by the Cicy 0811\Y bellalf. SiGcmly lubndt1ad, ll:&Jtt?Y ...-....w.aJ'u no S-U~J' u.v. 1305 Airport Freeway Suite 103 Bedford, Texas 76021 817-354-7999 Fax 817-540-6S90 September 5, 2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 Attn: Chris Fuller, Development Coordinator Re: P-06-045 Heritage High School Addition Minor Plat Dear Chris: As the owner of proposed Lot ~ Block B, Heritage High School Addition, I do hereby give authorization to David W. Myers of Moak Surveyors, Inc. (Surveyor) and Alan B. Curlee of Classic Concepts, Inc. (Applicant) to prepare the necessary exhibits and address the comments by the City on my behalf. ~~ 09/06/2006 06:03 8177324059 PAGE 01 Railhead Partners Ltd. P.O. Box 1440 Fort Worth, Texas 76101 September S. 2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 Attn: Chris Fuller, Development Coordinator Re: P-06.045 Heritage High School Addition Minor Plat Dear Chris; As the owner of proposed Lot 4, Block B, Heritage High School Addition. I do hereby give authorization to David W. Myers of Moak Su('Veyo(s, Inc. (Surveyor) and Alan B. Curlee of Classic Concepts, Inc. (Applicant) to prepare the necessary exhibits and address the comments by the City on my behalf. . ~~ ~~Ii Iii I- aBI ....11 16 i I r s I t , l i r J i K ( If ~ll I "g . I ld I 1 .11 I 1..r1 II III III {lUff I 111 ,l1,t I I' .. 'JII' ..1. '.(.:1'( .. . n' ..1.1.[. .(.I.l.. ..!I.... U1..i!l! (.1 fIlii Iii. (Iii Ifl:h~ 'It Iliff 5 flU, il.-II .... '1*11 .Ial Ilil + ;,~!! ~;~i! G: . "!. ~..;l~ ~ -!ut'lg I I~l( t ii i~ ;1 ~ I = i .. .. ~ I I I . I I ! I fl I~ I I I 11.6 a~ I l j fi I ~ .... U "'ll il..~~~ tlilll I hi .llij A II .......<< 1_ II srA~ BIT 111-rBOl'ft'AGI BD G (WIUWI .. U1'I .'fIlaII) ~ 1lllll~lnP ~1..lllllllltl"fiJ' It" ! It · III ,. r ! II I I. Is {.ipfl,ll tll t lill. I 1'111. ~ z;fa [III I I III l I II lll.{ ..,. I.. .. '.. ...... Ji I!. 11111 i II!. . ~ I II~ · II lit · U ..1 . ~ i~ifJliM..I.I~l.i;. .~:...I* II illt. II ,I 1I!i~ .. .. 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I lwei: JlIli I · liBl III 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: 09/11/2006 Requester: Community Agenda No.: 8a Final Action: Development Department File Name: Case Z-06-016 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the W.C. Newton Attachments: Zoning and Location Map · list of Property Owners Notified · Proposed Lot Layout. Letter from Larry Cole Dated July 23, 2006 . Ordinance 0-06-1586 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/26/2006 Planning and Zoning Commission 07/10/2006 Planning and Zoning Commission 07/24/2006 Planning and Zoning Commission 1 08/15/2006 City Council 1 09/11/2006 Planning and Zoning Commission Title Case Z-06-016 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1. Block 1 of the W.C. Newton Addition Explanation UPDATE 9/11/06 The Commission unanimously recommended approval of this item at the July 24. 2006, Planning and Zoning Commission meeting. During the City Council public hearing process, staff was contacted by a property owner within 200 feet of the subject site who did not receive written notification of the public hearing schedule. Staff was able to determine that six property owners within 200 feet of the site were not notified of the public hearing schedule. In order to comply with the Texas Local Government Code public hearing notification requirements, staff has notified all property owners within 200 feet of the subject property of the Planning and Zoning Commission meeting and the applicant must receive a City of Colleyville Page 1 Printed on 9fll2006 Agenda Briefing Continued recommendation from the Commission. The previous recommendation from the Commission is not valid. The applicant has neither revised nor changed the rezoning request. The applicant has brought forth the same proposal that received an affirmative recommendation by the Commission. Staff has notified the 36 property owners within 200 feet of the site of the public hearing schedule. Staff has received no additional correspondence regarding this request. STAFF REVIEW COMMENTS Keith Kithsiri has submitted a request on behalf of Invitation Park III, to rezone 20.15-acres of land located on the south side of Lavaca Trail and the north side of L.D. Lockett Road. The property is currently zoned AG-Agricultural and R40-Single Family Residential. Request. Rezone from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential. Location. The 20.15-acres is located at 909 and 1009 Lavaca Trail and 908 L.D. Lockett Road. Platting. Two of the properties are platted and one property is not platted. The properties are currently developed as single family residences. The property owner has indicated plans to subsequently plat the properties into 32 lots upon approval of the rezoning request. Approval of a preliminary and final plat will be required prior to the issuance of building permits. Lot Sizes. The developer has submitted a conceptual layout of the property showing a potential lot configuration. This site is sufficiently large enough to accommodate a 32 lot development. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100-feet and lot depth of 125-feet. The proposed lots, as shown on the zoning exhibit, meet the lot area and lot depth requirements of the R20 zoning district. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The R20-Single Family Residential zoning district allows residential uses. The R20 zoning designation does not comply with the Colleyville Master Plan recommendation that estate lots be developed adjacent to collector streets. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the south, north and west are zoned AG- Agricultural and are currently developed as single family residences. The properties to the east are zoned R30-Single Family Residential, and consist of single family residences. The average residential lot size for the Emerald Park subdivision is 7,200 square feet and 16,050 square feet for the Reatta subdivision. The are currently two other proposed developments located between the Emerald Park Addition and The Oaks Addition, between Lavaca Trail and L.D. Lockett Road. Both developments are on this agenda. City of Cofleyville Page 2 Printed on 9fll2006 Agenda Briefing Continued Sidewalks and Trails. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks internal to the development must be four feet wide. Sidewalks along L.D. Lockett must be five feet wide, as it is classified as a collector street. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 32 lot development would add approximately 306 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 36 adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Staff received one letter in support of this request. Summary. While the proposed residential development is not fully compliant with the 2004-2025 Future Land Use Plan regarding the development of estate lots along collector streets, staff feels the location and design of the development justifies the proposed rezoning request. The proposed development is adjacent to the Emerald Park subdivision, which contains lots that are smaller than those required by the R20 zoning designation. The applicant has submitted a preliminary plat to be considered concurrently with the rezoning request. The preliminary plat indicates that open space areas will be placed adjacent to the L.D. Lockett Road, which will provide the estate lot effect along street. The green belt setback along L.D. Lockett Road is similar to and provides continuity with the Emerald Park and Reatta Place subdivisions. Recommendation Approval City of Cotleyville Page 3 Printed on 9fll2006 Zoning and Location Map D NORTH Z-06-016 Brice, Tony J & Mary B Brice 6021 Sterling Ln Colleyville, TX 76034 Christman, Mark 5825 Crescent Ln Colleyville, TX 76034 Emerald Park H A Inc 6420 Remington Pkwy Colleyville, TX 76034 Goodman Family Of Builders Lp 5808 W PIano Pkwy PIano, TX 75093 Hu1tquest, Philip P & Lily J 5712 Texas Trl Colleyville, TX 76034 Ly, Khanh H Etux Jennifer N 5911 Crescent Ln Colleyville, TX 76034 McIntosh, Doyle & Mary Fam Lp 8333 Thornhill Dr North Richland Hills, TX 76180 Moody, Jon Etux April 5935 Crescent Ln Colleyville, TX 76034 Palon, Jerry D 5918 Crescent Ln Colleyville, TX 76034 List of Property Owners Notified Keith Kithsiri, applicant 7309 Vanguard Court Colleyville, TX 76034 Bvesco Lp 25 Highland Park Vlg Ste 100 Dallas, TX 75205 Clark, Edward G 6016 Sterling Ln Colleyville, TX 76034 Fleming, James W Jr Etux B F 5919 Crescent Ln Colleyville, TX 76034 Haber, Moshe 5846 Crescent Ln Colleyville, TX 76034 Isbell, Christopher Etux Kelly 6020 Sterling Dr Colleyville, TX 76034 Mahmood, Ghazanfar 5833 Crescent Ln Colleyville, TX 76034 McMurtrey , Wanda & D Issac 5838 Crescent Ln Colleyville, TX 76034 Neilson, Howard S Etux Shirley 5922 Crescent Ln Colleyville, TX 76034 Panchal, Prince H Etux Margari 6024 Sterling Ln Colleyville, TX 76034 Chandler, Raman L 7001 Lismore Ct Colleyville, TX 76034 Damron, Kenneth B Etux Melanie 5830 Crescent Ln Colleyville, TX 76034 Gandy, R Craig 1117 W Ld Lockett Rd Colleyville, TX 76034 Haynes, Russell K Etux Susiana PO Box 1602 Colleyville, TX 76034 Lombardi, Angelo Etux Lori 5915 Crescent Ln Colleyville, TX 76034 Martin, Stephen L Etux Nan C 813 W Lavaca Trl Colleyville, TX 76034 Mittag, Andrew K Etux Janet A 901 W Lavaca Trl Colleyville, TX 76034 Ogle, Danny G & Ruth A 1009 W Lavaca Trl Colleyville, TX 76034 Periera, Vemon Etux Sharon 5842 Crescent Ln Colleyville, TX 76034 Perkins, Timothy B Etux Amber 6032 Sterling Dr Colleyville, TX 76034 Reatta Place Hmowners Assoc PO Box 821405 North Richland Hills, TX 76182 Smith, Ted Etux Michele 5704 Texas TrI Colleyville, TX 76034 Zimmerman, Jeffrey K 501 Lavaca TrI Colleyville, TX 76034 Plain, Veri Etux Ruth Ann 909 W Lavaca TrI Colleyville, TX 76034 Royal Kingdom Properties, LIc PO Box 1766 Colleyville, TX 76034 Stajduhar, Martin Etux Lisa 10 1 Williamsburg Ct Colleyville, TX 76034 Reatta Place Hmowners Assoc 777 Trails End Cir Hurst, TX 76054 Ruggere, Judy 1013 W Lavaca TrI Colleyville, TX 76034 Zebrowski, Mark S 5834 Crescent Ln Colleyville, TX 76034 ;(l~>!i>:O:j~ l!'.~lo~ ~~r~:'.;'-. 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T-T':"~--'- ~b ~ ~ A~ ~ 8 r ~ I F LARRY COLE COMMUNITIES www.larrycolecommunities.com To : The Members of the Planning &, Zoning Commission Re: Development east of Emerald Park Date: July 23, 2006 I have had a meeting with Dan Bryson, the Developer, and his engineers. They -showed me the preliminary plat that they have submitted. It appears that it is the same as the concept plan they submitted for the zoning ease and the one they showed the homeowners in Emerald Park. I want to offer Il).y support for this zoning case. Mr. Bryson has done what he was asked to do by the homeowners and the P &, Z. I feel that due to the constraints of the width of the land that this is the best use of the land and also the best use for the neighbors that back up to Emerald Park. ~:~ 200 Pate Orr Rd. S. Keller, Texas 76248 Metro (817) 379-1400 Fax (817) 431-1166 ORDINANCE 0-06-1586 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 20.15 ACRES OF THE LOTS 2 AND 3 BLOCK 1 OF THE LA V ACA TRAIL ADDITION AND W.C. NEWTON SURVEY, FROM THE AG-AGRICUL TURAL AND R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO R20-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Keith Kithsiri on May 26, 2006, under Case No. Z-06-016; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the Ordinance 0-06-1586 Page 2 of 3 property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if . copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural and R40-Single Family Residential zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in Exhibit "B". Sec. 3. 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. Sec. 4. 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 ($2,000~00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect Ordinance 0-06-1586 Page 3 of 3 immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" EXHIBIT "B" PARCEL 1 10.20 ACRES CURRENT. ZONING I. AG PROPOSED. ZONING I R-20 Legal Description. Being a parcel of lond situated In the R.N. McEwlng Survey, Abstract No. 1154. City of Colleyvllle, Torrant County 11 Texas and being 0 10 . 20 Qcrep(]~cel of land .ond being 011 of Lots. 20nd 3,. Lovoeo Troll Addition. as described In Volume 388-141. Page .'00 0.' the PtotRecords of T orront COUf)ty., Texas (P. R . T . C . T . ) and be Ing more port Iculorly de$cr Ibed os foftows' BEGINNING at o <point being the northeostcorner of Lot 411 Block 111 Lovoco Trail Addition, Vol. 15824 I Page 26G. P. R . T . C . T . , TI-ENCE Norfh89055 '591 East, a distance of 416.12 feet olong the south r ight...of-woy of LovQcaTrail to Q point . for cornerol.so being the northwes'corner of Lot I t Block I of &Oi~ L.QVQCO Trail Addit'Qn I THENCE South 00.00 tOO' West. a distance of 1068 .04 feet to a point for corner being alO~ the north boundary line of the W..C. Newton Subdiv is Ion. as. described in Volume 388-42. Page I, P. R . T . C. T . . THENCE South 89045/54' West I 0 distance of 416.00 feetdlongthe north boundary IlneofsaldW.C. Newton Subdivision and the north boundary Iineof~the Emerald Park Subdivision ,on add If ion to the City of CoHeyvllle. . 'Farrant County t T eXQ$ os recorded In VOIutn8. At.. Page 8470, P.R. 'F .C. T.... to..o ..point for corner otso being the southeast corner of said Lof 4, Block 't LO\loco Trail Addition I THENCE North 00.00 '00" East t a distance of 1069.26 feet atong the east bomdory Hne of said Lot 4 t Block I. Lovaco Trail Addition and returning to the point of beginning and containing on area of 10.20 acres t more or less. PARCEL 2 9.96 ACRES CURRENT ZONING. R-40 PROPOSED ZONING I R-20 legal Oeser lption Be Ing a poreel of land situated in the W. C.. Newton Survey. Abstract No. 1182, City of Coleyvifle. Tarrant County, Texas and being 0 9.96 acre parcel of land and be. log part of the W. C. Newton Subdivision as described in Volume 388-42. Page I of the Plol Records of Torrant County, . T $)(('1$ (P. R . T . C. T. ) and being more particularly descr Ibed as fonows I BEGI,.,'NG at the northeast corner of the Emerald Park Subdivision. on addition to the City of CoIleyvUle, Tarrant County, Texas os recorded In Volume A. Page 8470, P. R . T . C . T . I THENCE North 89. 45 '54' East, Q distance of 314.38 feet to 0 po int for corner t thot corner olso be log the northeast corner of sold W. C. Newton Subdivision t os described In Volume 388-42, Page I, P. R . T . C . T . . THENCE South 00040 '55' West, a distance of 1370.6 feet to 0 point for corner olong the north r ighl-of-woy line of L. D. Lockett Rood I THENCE South 89055' 16 · West along the north right-of-way line of l. D . Lockett Rood, (] distance of 319.12 feet to 0 point for corner, that corner also being the southeast corner of soid Emerald Pork Subdivision. THENCE North 00051'50. Eost~ 0 distance of 1369.81 feet and returning bock to the point of beginning and containing on area of 9.96 acres. more or less. 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: 09/11/2006 Requester: Community Agenda No.: 8b Final Action: Development Department File Name: Case Z-06-020 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural and CN-Neighborhood Commercial to PUDR-Planned Unit Development Residential on 3.87 acres out of the G. Minter Survey and 1.79 acres out of the Habra Addition located at 379 Attachments: Location and Zoning Map . Copperglen Planning Objectives . List of Property Owners Notified . Development Review Committee Memo . Applicant's Response . Site Plan . Letter of Support. Draft Ordinance History of Legislative File Version: Date: Acting Body: 1 09/11/2006 Planning and Zoning Commission Title Case Z-06-020 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural and CN-Neighborhood Commercial to PUDR-Planned Unit Development Residential on 3.87 acres of the G. Minter Survey and 1.79 acres of the Habra Addition located at 3798 to 3804 Glade Road Explanation STAFF REVIEW COMMENTS 3798 Glade Management, LLC, has submitted a request to change the zoning of 5.6-acres, located at 3798 to 3804 Glade Road. A portion of the property is currently zoned AG-Agricultural and a portion of the property is zoned CN-Neighborhood Commercial. The applicant is seeking a zoning change in order to develop the property for 22 single-family residential homes. The property is currently developed with a few older existing residential structures and is not platted. In order to subdivide the property as proposed by the developer, approval of a preliminary and final plat will be required at a later date, upon approval of the rezoning request. The following is an analysis of the major issues associated with this rezoning request. City of Colleyvil/e Page 1 Printed on 91812006 Agenda Briefing Continued Master Plan. The Colleyville Plan designates the subject property for future residential uses. This rezoning request is consistent with the 2004-2025 Future Land Use Plan. Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The proposed development of 22 residential units on the net 4.53-acres will produce a density of 4.8 dwelling units per acre. However, the 1998 and 2004 Colleyville Master Plans both stated that densities higher that 1.8 units per acre would be acceptable in those areas deemed consistent with sound land use planning principles, such as a transitional area situated between commercial uses and less dense residential developments, or near major street intersections. City Council approved a rezoning request on the northern adjacent property for town homes that exceeded the recommended 1.8 dwelling units per acre residential density at the March 21, 2006, City Council meeting. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet and a minimum lot width of 100 feet. The developer has provided information for inclusion in the PUDR ordinance regarding lot sizes, lot widths and lot depths. The minimum lot size being proposed is 5,178 square feet. The minimum lot width proposed is 50 feet with a minimum lot depth of 114 feet. Open Space. The PUDR regulations require a minimum 20 percent of the development be reserved for open space for the use by the residents of the development. The proposed development contains numerous open space a~eas, which are situated in various locations within the development. The proposed site plan for the development shows 20 percent of the total development as open space. The applicant has indicated that all of the open spaces will be landscaped and Open Space Lot 2 will contain a walking trail and a bench. Sidewalks and Trails. The 2005 Colleyville Pathways Plan requires a 10 foot-wide trail along the north side of Glade Road. The developer will construct the applicable sections of the trail as a part of the public improvements for this development. The Land Development Code requires that all residential lots have sidewalks along street frontages. The developer proposes to construct one 5-foot wide sidewalk along the north side of the internal street with no sidewalk along the southern portion of the street. The draft ordinance contains this provision. Surrounding Properties. The surrounding properties are a variety of land uses, including religious uses to the west and south, and residential to the north and east. Development Trends. The development trends in this area have consisted of office and residential uses. Tree Preservation. According to aerial photos of the site, the property is heavily wooded. A detailed tree survey of the property will be required after final plat approval, at the time of submittal for a clearing and grading permit. Infrastructure. Water and sanitary sewer services are available along adjacent City of Colfeyville Page 2 Printed on 91812006 Agenda Briefing Continued rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed by the Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site detention. Details of the proposed drainage system and storm water detention ponds will be submitted as part of the platting process. Gated/Private Street Development. The developer has indicated that the proposed development will be a gated/private street subdivision with the primary entrance to the development located on the east side of the development along Glade Road. At time of platting, the developer is required by Chapter 10 of the Land Development Code to submit the necessary Homeowner's Association (HOA) documents for review by the City. The HOA documents must indicate that the streets and drainage systems within the development are private, owned and maintained by the HOA, and that the City has no obligation to maintain the private streets and drainage systems. All HOA documents will be reviewed and approved by the City Attorney to ensure conformity to applicable City policies prior to the plat being filed with the County Clerk's office. The plat document will designate the private road as a lot and a note will be provided on the plat stating the HOA is responsible for construction and maintenance of the private road. The developer has acknowledged these requirements and has indicated that the documents will be submitted to the City at time of platting. Access. The development will have primary access on the east side of the development from Glade Road. A secondary, exit only access, located further to the west from the main entrance, will be provided for residents. All gates will be fitted with a Fire Department approved opticom system. 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 22 lot development would add approximately 210 vehicle trips per day to the surrounding roadways. Transportation Faeilities. Glade Road is currently a narrow, two lane facility that does not meet current design standards. The City of Colleyville is currently working with the Texas Department of Transportation for improving Glade Road from Heritage Avenue and westward to the intersection with Martin Parkway. The reconstruction project will increase the width of the driving lanes to standards of approximately 15 feet wide and add dedicated left turn lanes at the major street intersections. This project is underway. Public Notification. Staff mailed notices to 21 adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Staff has received one letter of support regarding this request. City of Colleyville Page 3 Printed on 91812006 Agenda Briefing Continued Summary. While the proposed development is not fully compliant with the 2004-20025 Future Land Use Plan, staff feels the location of the development is ideal for this particular type of higher density residential development. The project location is near the major intersection of Glade Road and Heritage Avenue and the addition of 22 new households, generated by the proposed project, will help support the retail and other commercial businesses located in the Glade Points Shopping Center, located to the east of the site. The residential nature of the project is also very compatible with the educational properties located to the north where the Heritage Middle School is situated. The recommendation for approval is based upon what staff feels is a good land use for the site and supportive of economic development for nearby commercial businesses. Recommendation Approval City of Col/eyvilfe Page 4 Printed on 91812006 <..!) <( w Cl ~ (9 <..!) <( <..!) <( <..!) <( -S" . Copperglen Luxury Courtyard Villas Proposed PUD-R SiD'" Family Development 5.66 Acres . Located at 3798_ 3800~.nd 3804 Glade Road . CoueyviUe. Teus . Sta....t ofPlannlDt! Obledives Copperglen is a planned 22 residence, .low-m.mtenance, villa lot subdivision .located on Glade Road at the eastern entrance to Coneyville'~. upscale, residential neighborhoods. Copperglen has been carefully planned with the following amenities/attributes in mind: . Gated with a spectacular, old-world motif entrance . Pond with fountain on the Glade Road frontage . Provides 200Aa beautifully landsCaped; private open space maintained by the HOA . Low..maintenance, small..lot lifestyle targeted to the. empty-Jie$terlyoung professionals audience . Old-world architecture with high-pitched roofs . Homes from 2500 to 4000 square feet . Expected price range from $400,000 to $700,000 . . Master bedrooms and primary living areas on ground floor .. Highest quality space-pJanning and interior.tinish-out . Pedestrian friendly: one.5 ft sidewa1kwill be co~ along the oUter (north) side of Copperglen Circle which will connect wiih the 10 ft trail along Glade Road . Low traffic generator with minimal impact on the school system Copperglen will be an upscale residential ac.:ldless while alsO ~ as a buffer between higher-density residential and commercial located to .theeast. and north and the large-lot subdivisions to the west. Development Schedule . The developer intends to both develop the subdivision and col1StruCt the. residences. Land . development should begin shortly after all 8pprOvals. It is expected the development and home construction will be completed in approximately 36 months~ . Proposed OWnership The residences will be sold to individual home buyers. All Common Areas will be.owned and maintained by the Copperglen Honieowner's Association. Utilities Water, sanitary sewer, storm drainage, electricity, gas, telephone and cable will be provided to each lot. All utilities will be underground with necessary easements to be provided on the plat. RECEIVED AUG 11 2006 ~8r ............. Z-06-020 Goodrum, Ben F 3800 Glade Rd Colleyville, TX 76034 Ly, June Thanh Tran 3613 Amberley Ct Colleyville, TX 76034 Pitts, Wallace J Etux Shari G 3612 Amberley Ct Colleyville, TX 76034 Rogers, Billie C Etux Gloria 3712 Glade Rd Colleyville, TX 76034 Scott, Larry P & Laurie A LIc 1915 Yorkshire Ct Lincoln, NE 68506 Bench, Lilla 3810 Glade Rd Colleyville, TX 76034 3798 Glade Investment, applicant PO Box 1901 Colleyville, TX 76034 List of Property Owners Notified Burton, Martha 4405 Bowman Dr Colleyville, TX 76034 Harrington, Samuel M PO Box 150069 Dallas, TX 75315 Maples, Horace F 7313 Silver Sage Dr Fort Worth, TX 76137 Pleasant Glade Baptist Church 3708 Glade Rd Colleyville, TX 76034 Saint Mary's Romanian Orth Ch 3801 Glade Rd Colleyville, TX 76034 Sooo, Taesik Etux Kyu Nam Sooo 3608 Amberley Ct Colleyville, TX 76034 3798 Glade Investment, applicant PO Box 1901 Colleyville, TX 76034 Prestwick Park HOA Joel Hellman, President 4900 Prestwick Drive Colleyville, TX 76034 Burton, Martha 418 E Pipeline Rd Hurst, TX 76053 Harrington, Samuel Mason 2760 Fuller Wiser Rd Euless, TX 76039 Neubauer, Derek 4409 Cummings Dr Fort Worth, TX 76180 Ray, Brenda Carol 3712 Glade Rd Colleyville, TX 76034 Sauer, Kenneth W Etux Sally 5017 Roberts Rd Colleyville, TX 76034 Thetford, Jerry Etux Faye PO Box 170067 Irving, TX 75017 3798 Glade Investment, applicant PO Box 1901 Colleyville, TX 76034 CITY OF COLLEYVlLLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM August 22, 2006 DAVE HANNAH 817.485.7111 Chris Fuller, Development Coordinator SUBJECT Z-05-020 Copperglen CN & AG to PUD-R The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. The drainage analysis is incomplete. This project may not be scheduled for public hearing until the drainage analysis has been reviewed and accepted by the Engineering Department. Contact Robert Woods, Project Engineer, 817.503.1054, for more information. 2. Revise the statement at the bottom of the exhibit to state "from CN," rather than "C-2." And "PUD" rather than "PD." 3. The gated entryway must comply with the call box distance and entryway turn-around requirements contained in Section 1O-130.L of the Land Development Code regarding restricted access entrance design standards for gated/private street developments. 4. A subdivision developed with private streets must have a mandatory HOA. The HOA documents must indicated that the streets and drainage systems with the development are private, owned and maintained by the association. The HOA must establish a reserve ftmd with a minimum annual contribution of $75.00 per lot for the maintenance and reconstruction of the private streets, drainage facilities and related appurtenances. Submit a draft copy of the HOA documents for review with the fmal plat submittal. 5. The application fee for a gated development subdivision is $750.00, which shall be paid at time of Preliminary Plat submittal. 6. Will improvements or amenities be incorporated into the Greenbelt Areas (benches, trails, etc.)? 7. Provide justification for proposing lots that are smaller than the minimum 13,000 square foot lot size requirement as mandated by the PUD-R zoning district. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 OEVELOPMENT REVIEW COMMITTEE Z -05-020 COPPERGLEN CN TO PUD-R 8. Provide justification for proposing a residential density that exceeds 1.8 dwelling units per acre. 9. Provide the following information: a. Maximum Lot Coverage b. Maximum Building Height 10. The lot details shown in "Detail A Typical Lot" will be included in the ordinance. Provide alternate lot dimensions, if needed. 11. Staff interprets the intent of the 3-foot and 7-foot side yard setbacks is to maintain a minimum of 10-feet between dwelling units. Provide clarification if this is in incorrect. 12. Staff recommends an additional side yard setback regulation that permits Lots 1, 11, 12, 15, 16 and 22 to utilize an additional3-foot setback where adjacent to open space lots. 13. Will there be perimeter screening? If so, provide details of location, dimensions and materials to be used. 14. Are sidewalks proposed along the interior lots (Lots 16-22 and Open Space Lot 5)? SpecifY if no sidewalk is proposed so that it may be included in the ordinance. 15. Development requirements not specifically cited by the applicant shall be required to meet the PUD-R zoning regulations and development standards as stated within the Land Development Code. 16. The proposed ordinance will specifY that an HOA is required to own and maintain the open space lots and all amenities and facilities with them. 17. The proposed ordinance will require Opticon emitters with sensors with knox locks and battery backups. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. The Following Comments are Informational and Do Not Require a Response: 13. A preliminary and [mal plat will be required upon approval of the rezoning request. 14. Review Chapter 10 Private Streets and Entrance Gate of the Land Development Code prior to submitting a plat application. 15. Controlled access gates require a separate plan review and permit fee. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more information. 16. Additional hydrants may be needed. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more information. 17. Additional requirements may needed when building plans are submitted. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more information. PARKLAND OEOICA TlON FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. Since new lots would be created by the plat, the payment of parkland dedication PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z -05-020 COPPERGLEN CN TO PUD-R fees is required for this development. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon approval of the final plat. 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 permits issued on or before March 31,2007. ROADWAY Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER SIDEWALKS AND TRAILS. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Glade Road. The Pathways Plan requires a 10-foot wide trail along Glade Road. The developer is required to construct the trail as part of the public improvements for this property. Sidewalks are required along all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide, except as otherwise stated within the approved ordinance. RESUBMITTAL REQUIREMENTS Once you have completed the changes to the drawing, please submit the following to our offices: · a written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived · 12 copies of the revised drawing & one 8.5"xll" reduced copy of the revised drawing. The above requested items must be submitted and reviewed in order to determine a public hearing schedule. Please contact me at 817-503-1054 or fullerc@ci.eollevville.tx.us if you have any questions. PAGE30F 3 .3798 Glade Maaagem"nt, LLC .' .p~o. Box 1901 . Coueroue, TX 16034' , 8171915-0111 817/485-7111 fax Aupst 28,2006 . Mr~ Chris' Fuller, Development CoordinatOr City of cOlleyvilIe .100 Main Street. . CoUeyville,TX 76034 RE: ORC Response, ~S-020.Copperglen CN & AGto'PUD-R Dear Mr. Fuller: . . . . . Please note the following respoD$CS to your C()mments for the reference<i project: 1. The drainage analysis has been resubmitted by GSWW & Assoc. 2. Zoning designations have been 'Corrected on the submittal. . . . . 3. The plan as submitted will 8CC()nUnodate staclWlgfor3 vehiclClJ from theciau.. . box to the Glade Road curb line. The 2S ft \yide' entry~,hOwever. ~ allow stacking for up to S vehiclc,s bcs~any vehicle stopped at thecaUbQx. . .',:-"! 4. Copperglen wiUhave a mandatOry HOA. J,)rOvisions <:ontained in the HOAwill note that the street aDd cJrainaF system ~.private and owned 8nd ~ by the HOA. A provision for at least the minimum requirCd $75.00 per lot annual reserve fund contribution for private.inf.rasttuctUre upkeep will ~ .. included. S. The Iequired fee has been submitted. . 6. Open Space 1 will be landscaped. Open Space 2 will be landscaped, have;i~ walldng trail and at least 1 bench. Open Space 3 \vill be a pond with fountain. Open Space 4 will be dry detention and landscaped. - .' . . 7. Copperglen utilizes the same Courtyard Villa Lot design and setbacks as The Bridges at RivCl'W8lk which was also developed bythc applicant.. This lot size. has a proven recOrd in the marketplace for empty-nesterS an4 others desiring minimal yard upkeep while living in a single--faDd1y, det.ldJIIj4.welliD.g environment .. 8. Copperglen provides mop-seale, single-fiunily transition between the . commercial developments to the east and the low density, upscale subdivisions to the west It also provides a less dense residential transition ftomthe reCently Mr. Chris Fuller AugUst 28.,2006 Page 2'- , ..' ,,' . . . ' approved 5.4 units per acre townhome project 8butting ~oppcq1enon the e8st'. aQ.d north. The ColleyrilleMaster Plan notes this area as a caDdidatc f~~lrigher , den$ty residenWd. TJle.weste.rnDioat 1.56 ~of CoppergIenis ~~. . ' ,,~CN and platted for ~ uses. The immediate neighborhOOdS, ' hayeiBdicated a preference for re$ldentUil zoning. ' , , , , . 9.MaxUnum Lot C()v-' willbe ~ pad site within the setbacks less any' , building articulation. M$dmmn'BuiIding Height will be 2~Story and 3S tt. . .". '.' . . . ,9A.l'hesetbacb as shown in'Detail"A" win be the required ~ks. ' , . . , ' '. . .' .' . . . .... . . 10. The 3' and 7' side yard setbackuncipa.esthe minimum distance between the extetjor walls of homes will be 10 feet. , . 11. Additional'side yard Scrt~ for lotS abutting OpeD. &pce will ~y be perinitted; ho~, theappUeant does not wattt it to be required. .' , , ' , " 12. WallsIfeilcing at the Copperglenen~,Olade Road frontaae,thew~,side. . of Open Space 1 alidthe_sideof()pen$~.3 Vvill~.~IIlbinatkl.'()f . bric~ stOne and wroughfiion in an OldWorldnlc>tit: .Tttc,.~Jl()J;th an4east , boundary fencing will be 6 ft.'ceda.t,withsteel postS. "Theappli~t'is ~to ' diSCuss with the <leveloper of the adjoinii1gtowi'dtomc prGj.~,cOst.sharkii any shared boundary fencingorpotentialllp"gradesto sbafedfCnCing. ";" 14. Agreed. , 15. Agreed. 16. Agreed. Please contact me if you have additional questions. ( I f I t ( I I f --... ...... \\ - : __-...:--:...c-_ )' -., I I , ./' , - : , I) : '-. '- ,,' ,,: , 1/: ----~ (/\" " , hi 1 (, ~" \,-< '/" I: c Chris & Mary Kinsey 4700 Prestwid: Driul! CDlleyvi1J.e. Tems 76034 (817) 545-4343 September &. 2006 City of Co ment - Planning & Zoning Commission Mr. Jeff Byerly, Chairman ., 100 Main Street CoUeyville, TX 76034 Via FAX 817-503-1059 Dear Mr. Byerly, 1 am unable to attend the P&Z meet~ Monday night as I Will be <Jut of the country. I uOOcrstand that the request of Mr. Hcumah to receive RUDR rezoning for property near the intersection of Glade and Heritage will be. before the Commission. As a resident of Prestwick Park who has been active at P&Z meetings regarding this property and the facing property on Glade, I Wish to strongly SUPPORT Mr. Hannah's efforts to bring a fmeresidential development 19 this gateway ptoperty. I believe this development would be in keeping with thegeneml development plans of the city. would serve to preserve line of sight values, and would be an attractive addition to the area. The density . the town homes adjacent but higher than R20. This is st or corinneroial uses which have previously been suggested 1 further understand that Mr. Hanoahmay be ~king approval of a which I Icnow :from past visits to the P&Z Ccmmission and are generally 8.bl3inst. In this instance, with . y to retail and a traffic intersection, a gated community would serve 10 'maximize the marketability of Mr. Hannah's development, the enjoyment of its future residents, and consequently the tax revenue to O:lneyville. I strongly SUPPORT this if it is included in. his request. I am very pleased that Mr.HannaI:t.mts cOme forward witbthisp~forQ~e Qfthe few remaininggatew~yproperties .inC91leyviJk:and hope.tbatthe COJ11l:llissioners will give his project theireJ1thusiast.ic support as an attractiveimprovetnem to tbe current use. S~i.. c.e.l'e.l.Y...'.~...........'...................... n , ~~ c~~ 1 ORDINANCE 0-06-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, PROVIDING FOR THE ZONING CHANGE OF 5.66 ACRES OUT OF THE G. W. MINTER SURVEY, ABSTRACT 1034. FROM THE CN-NEIGHGBORHOOD COMMERCIAL AND THE AG-AGRICUL TURAL DISTRICTS TO THE PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL AND AMENDING THE OFFICIAL ZONING MAP; 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, an application for a zoning change was filed by David Hannah on August 11, 2006, under Case No. Z-06-020; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance O-D6-XXXX Page 2 of 6 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. 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 Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A", and described by Metes and Sounds, labeled as Exhibit "S". by changing the zoning of said property from the AG-Agricultural zoning district and the CN-Neighborhood Commercial zoning district to the PUDR-Planned Unit Development Residential zoning district. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 3.9 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic,. drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. Ordinance Q-06-XXXX Page 3 of 6 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. f. g. h. i. Rear Building Line Side Building Line-corner lots Maximum Lot Coverage Maximum Height 5,178 square feet 50 feet 114 feet 15 feet building & 18 feet for garage 3 and 7 feet (maintain 10 feet separation) 15 feet 15 feet 60 percent 35 feet a. b. c. d. Minimum Lot Size Minimum Lot Width Minimum Lot Depth Front Building Line e. Side Building Line 5. OPEN SPACE a. This development shall provide not less than twenty (20.%) percent common open space, which shall generally be configured as shown on the Conceptual Site Plan, labeled as Exhibit "cn. All open space areas shall be landscaped and maintained by the Homeowner's Association. b. No more than 25 percent of the open space areas shall be utilized for storm water detention or retention. 6. SCREENING a. A six (6) feet in height, screening fence constructed of a combination of brick, stone and wrought iron shall extend along the Glade Road, as shown on the Conceptual Site Plan, labeled as Exhibit "Cu. b. A six (6) feet in height, cedar wood screening fence shall extend along the west, north and east boundary lines, as shown on the Conceptual Site Plan, labeled as Exhibit "Cu. 7. SIDEWALKS AND PATHWAYS a. The developer shall construct a ten foot wide trail within the open space area abutting Glade Road, as shown on Exhibit "C". Said trail shall be Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-06-XXXX Page 4 of 6 constructed by the developer in conjunction with the public improvements in the development. b. Sidewalks shall only be required along lot frontages on one side of the street, which shall otherwise be constructed in accordance with the requirements of the Colleyville Land Development Code. 8. PRIVATE STREETS a. This development may be developed as a gated community with private streets in accordance with Chapter 10 of the Colleyville Land Development Code. 7. OTHER a. Retention ponds constructed in this development shall contain not less than one aeration device, such as a fountain, waterfall or underwater device, which shall be approved by the Colleyville Engineering Department. b. An emergency access shall be provided to connect this development with Glade Road near the western end of the development. Said emergency access shall be gated and constructed in accordance with the requirements of the Land Development Code. The gate shall include an Opticom automatic opening system and be completed prior to the issuance of any building permits. Said access gate shall be maintained by the Homeowners Association. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the Ordinance 0-06-XXXX Page 5 of 6 above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXhibit A - ZOning and Location Map Exhibit B - Metes and Bounds Description TRACf 1 ALL of that certain tract of parcel ofland situated in the G. W. MINTER SURVEY. ABSTRACf NO.1 034, Tarrant County, Texas and being the same tracts as described in Deed to Derek Neubauer as recorded in Volume 16782, Page 9 of the Deed Records. Tarrant County. Texas, and also being that same tract as described in Deed to Ben F. Goodrum and wife Wwnolee Goodrum as recorded in Volume 4814. Page 769 of said Deed Records and being. more particularly descn"bed by metes and bounds as follows: BEGINNING at a 3/8 inch steel rod found for the northwest comer of said Neubauer tract, being the inter ell CQmer of a tract described in Deed to Annie Orene Rogers as recorded in Volume 4839. Page 728 of said Deed Records; mENCE North 66 degrees 59 minutes 41 seconds East with the northerly boundary line of said Neubauer tract. It distance of 186.39 feet to a 3/8 inch steel rod foUnd for the northeast comer thereof, being the northwest comer of said Goodrum tract; mENCE North 11 degrees 42 minutes 04 seconds East with the northerly boundary line of said Goodrum tract a distance of205.27 feet to a 60D nail found for the northeast comer thereof; mENCE South 05 degrees 59 minutes 24 seconds East with the westerly boundary line of a tract decribed in Deed to Horace Freeman Maples and wife Lyla Faye Maples as recorded in Volume 4406. Page 503 of said Deed Records, and the easterly boundary line of said Goodrum tract, at a distance of 470. 76 feet passing a ~ inch steel rod with cap stamped "BRITAIN & CRAWFORD" found in the apparent northerly right-of-way line of Glade Road. in all a distance of521.25; THENCE South 89 degrees 06 minutes 44 seconds West with said Glade Road, a distance of 214.04 feet; mENCE West continuing with said Glade Road. a distance of 183.00 feet; THENCE North 03 degrees 32 minutes 55 seconds West with the westerly boundary line of said Neubauer tract, ata distance of 50.78 feet passing a V1 inch steel rod with cap stamped "BRITAIN & CRAWFORD" found in the said apparent northerly right-of-way line of said Glade Road, in all a distance of 385.33 feet to the PLACE OF BEGINNING and containing 4.0631 acres ofland, less the Right-of-Way of Glade Road of 0.461 acres leaving a net acreage of 3.602 acres. Metes and Bounds Description, (cont'd) TRACT 2 All of that certain tract on parcel ofland situated in the G. W. Minter Survey, Abstract . No. 1034, Tarrant County, Tcxas and being the same tracts as desaibed in a Deed to Horace Freeman Maples and Wife, Lyla Faye Maples as recorded in Volume 4406, Page 503, Deed Records ofTariant County, Texas, and being more particularly described as follows; BEGINNING at a ~ inch iron rod in the north right-of-way of Glade Road; said point being the southwest corner of the Maples Tract and also being in the east line of a tract conveyed to Ben F. Goodrum and Wife, Winnolee Goodrum in a Deed Recorded in Volume 4814, Page 769, of the Deed Records ofTarrant County, Texas; TflENCE North 06 degrees 00 minutes 22 seconds West along the common line of the Maples Tract and the Goodrum Tract for a distance of 471.22 feet to a 600 nail at the northwest comer of the Maples Tract and the northeast. corner of the Goodrum Tract; said point also being in the south line of a tract of land described in a deed to Annie o. Rogers as Reoorded in Volume 4839, Page 728 of Deed Records ofTmant County, Texas; THENCE North 72 degrees 01 minutes 31 seconds East along the common line of the Maples Tract and the Rogers Tract for a distance of 187.4.2 feet to a 3/8 inch iron rod at the northeast comer of the Maples Tract; same point being the nortb'l!est comer of a tract...._..______ conveyed to MBC Heritage Oaks Estates, L.T.D. by document 0206112826 as Recorded in the Deed Records of Tarrant County, Texas; THENCE South OS degrees 24 minutes 45 seconds East along the common line of the Maples Tract and the MaC Heritage Oaks Estates, L.T.D. Tract for a distance of 521.13 feet to an iron rod in the north right-of-way of Glade Road; same point being the southeast comer of Maples Tract and the southwest comer of the MaC Heritage Oaks Estates, L. T.D. Tract; THENCE South 87 degrees 34 minutes 49 seconds West along the north line of Glade Road and the south line of the Maples Tract a distance of 178.26 feet to THE POINT OF BEGINNING and containing 8.9,555 square feet of 2.056 acres ofland. Exhibit C -Conceptual Site Plan ~,. .....- ("'.....-.----. .... /\ \ G ,\ n""3~ City of Colleyville Agenda Briefing 1 00 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: 09/11/2006 Requester: Community Agenda No.: 8c final Action: Development Department file Name: Case Z-06-022 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to R20- Single family Residential on .97 acres out of the S. Cotrail Survey located at 2406 Glade Road Attachments: Location and Zoning Map . List of Property Owners Notified History of Legislative File Version: Date: Acting Body: 1 09/11/2006 Planning and Zoning Commission Title Case Z-06-022 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to R20- Single Family Residential on .97 acres out of the S. Cotrail Survey located at 2406 Glade Road Explanation STAFF REVIEW COMMENTS Scott Ford has submitted a request to change the zoning of 0.97-acres, located at 2406 Glade Road, from AG-Agricultural to R20-Single Family Residential. The applicant is seeking a zoning change in order to develop the property as a single family residence. Request. Rezone from AG-Agricultural to R20-Single Family Residential. Location. The 0.97-acres are located at 2406 Glade Road. Platting. The property is not platted and is currently developed as a single family residence. Approval of a minor plat will be required prior to the issuance of building permits for new construction. Lot Sizes. The developer has submitted a zoning exhibit illustrating the area to be rezoned. This site is sufficiently large enough to accommodate a single residential 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 lot, as shown on the zoning exhibit, meets City of Colleyvi/le Page 1 Printed on 918/2006 Agenda Briefing Continued the lot development requirements of the R20 zoning district. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The R20-Single Family Residential zoning district allows residential uses. The R20 zoning designation does not comply with the Colleyville Master Plan recommendation that estate lots be developed adjacent to collector streets. However, the width of the property only meets the R20 zoning district lot size standards, limiting the ability of the applicant to request a zoning designation per the Master Plan recommendations. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the north, south and east are zoned R20, and are currently used for single family residences. Property to the west is zoned AG, and consists of a single family residence. 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 Glade Road must be five feet wide, as it is classified as a collector street. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a one lot development would add approximately 9.57 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 16 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. Recommendation Approval City of Col/eyvif/e Page 2 Printed on 91812006 LD N <!) <( 'I' LD O:::N en t--- LD (Yl ..-- t--- l.[) (Yl ..-- 0 0 0 0 0 0 0 0 0 OJ ..-- ..-- ..-- ..-- ..-- 0 0 0 0 0 l.[) l.[) l.[) l.[) l.[) l.[) l.[) l.[) l.[) en -.::t )I O~a~3WW S (Yl l.[) ..-- 0 en en ) -.::t l.[) -.::t -.::t 0 0 ) -.::t -.::t -.::t N 0 ~ to N N 0 0 0 0 ~ 0 0 0 0 (Yl l.[) l.[) l.[) l.[) N 0 0 N -.::t -.::t -.::t ..-- 0 N N en en to -.::t -.::t 0 0 ..-- -.::t N 0 0 ("Il l.[) -.::t -.::t ..-- 0 N N -.::t en en 0 -.::t -.::t en -.::t J, LL OJ 0 N 0 ("Il ("Il N N O~6v ... t--- <!) 0 '<;;j" 0 ) to 0 0 0 ') 0 ("Il <( -.::t rn 0 '4 ("Il N en N N '<;;j" -.::t n -.::t LD ::) 0 Y") 0 ("Il C) ("Il '\I (Yl N ("oJ ..-- N ("Il OJ 1 N 0 0::: Y") N ("Il ("Il ::) 0 0 N Y") ("Il ("Il en '\I N ("\I 0 ("Il 0 N ..-- ..-- :J 0 0 0 I") (Yl (Yl a l.[) ..-- .... N ("\I t--- l.[) ("Il 0 OJ a ("\I (Yl -.::t a a 0 ("\I l.[) i) OJ en LD :J a 0 N ..-- a .... N ("\I ..-- ("Il .... ("\I ("\I N ("\I ill o -.::t o ("\I o a a OJ o o LD to o o LD OJ a ("\I ("\I en o ("\I ("\I o o en -.::t ..-- LD ..-- ..-- LD ..-- LD LD LD a ("\I ("\I C) ~ Z-06-022 Allbee, Gary Etux Cynthia 5000 Summerbrook Dr Colleyville, TX 76034 Burns, Leland D Etux Cheryl M 2406 Glade Rd Colleyville, TX 76034 Hasbach, Robert R Etux Nancy C 5006 Summerbrook Dr Colleyville, TX 76034 Mills, Jon L Etux Lisa M 240 I Norwalk Dr Colleyville, TX 76034 Sultan, Tariq & Rifat Tariq 4509 Bill Simmons Rd Colleyville, TX 76034 Wagner, Elizabeth 4913 Jim Mitchell Colleyville, TX 76034 List of Property Owners Notified A. Scott Ford, applicant PO Box 92519 Southlake, TX 76092 Broussard, Whitney II Etux Dre 2307 Norwalk Dr Colleyville, TX 76034 Byrnes, Joseph A 4912 Jim Mitchell Trl E Colleyville, TX 76034 Mallett, Bruce S Etux Rebecca 2309 Norwalk Dr Colleyville, TX 76034 Pritchett, Larry W Etux Pam 4913 Jim Mitchell Trl E Colleyville, TX 76034 Summerbrook Homeowners Assoc 5005 Green Hill Ln Colleyville, TX 76034 A. Scott Ford, applicant PO Box 92519 Southlake, TX 76092 Budri, Aziz K Etux Mahanaz Z 5004 Summerbrook Dr Colleyville, TX 76034 Gregg, William H Etux Linda 5002 Summerbrook Dr Colleyville, TX 76034 McGuirk, Paul Etux Mary Ann 2403 Norwalk Dr Colleyville, TX 76034 Stroud, Tracy G 2404 Glade Rd Colleyville, TX 76034 V oskamp, Raymond L III 2400 Glade Rd Colleyville, TX 76034 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: 09/25/2006 Requester: Community Agenda No.: 8d Final Action: Development Department File Name: Case Z-06-023 - PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20- Single Family Residential on 23.584 acres out of the Isaac Carodine Survey, C. newton Survey and the W. C. Newton Subdivision located at 704-800 L.D. L Attachments: Location and Zoning Map . Statement of Planning Objectives . List of Property Owners Notified History of Legislative File Version: Date: Acting Body: 09/11/2006 Planning and Zoning Commission Title Case Z-06-023 - PUBLIC HEARING - Request for a zoning change from R40-Single Family Residential to R20- Single Family Residential on 23.584 acres out of the Isaac Carodine Survey, C. newton Survey and the W. C. Newton Subdivision located at 704-800 L.D. Lockett Road Explanation STAFF REVIEW COMMENTS Will Walton has submitted a request on behalf of Covington Partners LLC, to rezone 23.38-acres of land located on the north side of L.D. Lockett Road, on the west side of The Oaks subdivision. The property is currently zoned R40-Single Family Residential. Request. Rezone from R40-Single Family Residential to R20-Single Family Residential. Location. The 23.38-acres are located at 704 and 800 L.D. Lockett Road. Platting. The subject property consists of three tracts, of which, one property is currently platted and two of the properties are not platted. The properties are currently developed as single family residences. The developer has indicated plans to subsequently subdivide the properties into 37 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 Colleyville Page 1 Printed on 91812006 Agenda Briefing Continued Lot Sizes. The developer has submitted an exhibit illustrating the property boundaries. 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. This site is sufficiently large enough to accommodate a 37 lot development. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The proposed rezoning is in conformance with the land use portion of the Master Plan. The Master Plan contains a recommendation that estate lots be developed adjacent to collector streets, such as along L. D. Lockett Road. The proposed rezoning is not fully compliant with that recommendation. However, the Master Plan also contains a recommendation that greenbelts and buffer areas should be located in front of subdivisions adjacent to major thoroughfares. At the time of platting, the proposed subdivision may include a greenbelt lot adjacent to L. D. Lockett Road that would simulate an estate lot development. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the south, north and west are zoned R40-Single Family Residential and are currently developed as single family residences. The properties to the east are zoned R20-Single Family Residential, and developed as The Oaks Addition. There are currently two other proposed developments located between the Emerald Park Addition and The Oaks Addition, between Lavaca Trail and L.D. Lockett Road. Both developments are on this agenda. Sidewalks and Trails. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks internal to the development must be four feet wide. Sidewalks along L.D. Lockett must be five feet wide, as it is classified as a collector street on the Master Thoroughfare Plan. 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 37 lot development would add approximately 354 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 28 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 req uest. Summary. While the proposed residential development is not fully compliant with the 2004-2025 Future Land Use Plan regarding the development of estate lots along collector streets, staff feels the location of the development justifies the proposed rezoning request. The proposed development is adjacent to The Oaks subdivision and near the Briarwood subdivision, which contain lots along L.D. Lockett Road that are smaller than those recommended by the Master Plan. City of Colleyville Page 2 Printed on 91812006 Agenda Briefing Continued Recommendation Approval City of Colleyville Page 3 Printed on 91812006 ... U),~-r- o @ . ~ ---. . ~ ill ~"3i j~ ~~ I~O~~I 009 gs ~ ~ to .JR1t -L.Q- 0 'i~~~@} ~~ '\ "\.- "" l[) , '~ 'v- r--..-- 8 ~ ~ 1:0) VI~ - ;;; ~ /fil~ ~09 ~09 ;,' " ....- ....- t--- , -.. < t6 ~~ ~ '- ~ V1~ tf- l[) o co 0) o co ("i) ....- co ....- o 0) -- 0) o 0) 0) o o -- ....- ("i) ....- o , :. ....- ....- o ....- ....- o ~ C:h @~ 0) lo:;4 o 4....~ ~ ~ co o o ill <..!) <( o "t n:: ....,. o o ill I dla 0) 0) l[) l[) l[)\"-- o 0 0) ~ W s ~ ffi ffi 9~ 0 fi?_ ~ gj 0) ~l[) ~ -r.), o o~'" 0 ill@}~rn 8 D 1ft g<'~ ~ ~ t ; ~~ ....,. 0 ill o 0 o 0 ("i) ill ill ::"::: ....,. o ill o o co o o co ill ....- co "'\I l[)....- t--- ("i) \ffi t--- ..-- ~ o ill o ..-- 0) co l[)~ LD o to \ffi I~ I~I~ ("i) 0) LD ..-- ....- 0 0 0 ~ ~ fg fg ~ 7"1' TII~ t . '4 o 0 O. ..-- 0 CO CO CO CO LD LD LD l[) N N 0) /"""-1"'\ L JTR) 0 to T - 0 ("i) ..-- N fl("i) ....- 1:: to I I CO 0 J t--- o ....- ill ....- ,",,-, m m ....,. 0 t--- h < 0 5 0 D CO ~ 0 D 0 CO ~ to R ..-- 0 CO ( ~P2' cO ~.f(;i nIB ,lBelt" Q ~f~1 III _10 '<'T'o,', ......... .~: ~ :::- \"( o o "t 0.::: ....- t--- ("i) m l[) ....- l[) c6lili hi b3lro~cg~ \pmi'll I"yr ~ ~l ffi t. I'~ ..... '>~ 1 ;;::; , '.~~ ("i) .......,('.1...... .."CO....... l[) ..... 1\;,..j1 0) o l[) -- 0) o l^/& ....- o t--- - ~~ =- ....- .c ~O )"- ~t () ..I-- ~. ....... j 'l' ... -t c I.., j ~ ') ( t L ~ c " C :--- - COVINGTON... a Cotswold Village STATEMENT OF PLANNING OBJECTIVES Covington is a 37-lot residential community planned for northwest Colleyville. This project is distinctively designed as an intimate old English Cotswold village within a peaceful setting and will provide spacious custom home sites for an impressive array of residences designed to reflect old world architecture. The unique landscaping, hardscape and entry monumentation will create a charming English village glen, and will compliment the City land use plan by providing future residents with a quality of life commensurate with Colleyville's current standard of excellence and special "h t " . orne own expenence. The development of Covington will create exclusive home sites that will average well above 20~OOO square feet in size. The project is situated within a natural "field, forest and glen" area and will allow for the creative use of the existing topography to envelop the neighborhood and provide for a tranquil residential setting. The subject of this zoning request is an assemblage of three existing adjacent parcels totaling approximately 23.4 acres. The collective property is located along L.D. Lockett Road in the City of Colleyville, directly north of Regan Park. Primary access will be from L. D. Lockett Road. The zoning change request from R-40 to R-20 for this aggregated parcel is for the purpose of developing a residential community which compliments and enhances the current adjacent land uses. The individual tracts are under separate ownership and are currently undeveloped, with the exception of an existing older residential structure, a barn, a large metal storage building, as well as a significant amount of scattered debris and discarded material. While the property is partially screened by existing vegetation, the conversion of the site from its current use to an upscale residential neighborhood will be ofbenent to the community and dramatically enhance adjacent and surrounding property values. The development team has patiently worked to assemble these tracts with the intent to clean up the area and improve the whole as a cohesive neighborhood of quality homes with distinctive open space elements. The surrounding and adjacent existing land uses are primarily residential, with R-40, R-20 and PUD-R zoning designations to the south, east and north. The subject property is part of ' a transitional area that is surrounded by higher density R-20 and PUD-R residential development. The property is currently zoned entirely as R-40 and the Master Plan and Future Land Use Plan designate this area as residential. Developing this property as R-20 residential, as proposed herein, would allow this development to be compatible with and provide the continued transition between the neighboring properties to the east and west. The layout of the lots, roads and open space areas has been carefully designed around the significant trees on the property, to highlight and save as many of these valuable natural features as possible. The permanent open space shall be owned and maintained by the Covington Home Owners Association in perpetuity. Primary access will be from L.D. Lockett Road, through a gated (to be determined) main entry. Secondary emergency access will be provided via a second gated entry from Hunter Trail to the east - this has been planned as limited emergency access in respect of the wishes of the owners of the neighboring properties to the east, who do not wish to have through traffic connecting to and through those areas. DEVELOPMENT SCHEDULE Covington is intended to be developed in a single phase, with development commencing as soon as zoning, platting and other necessary approvals are obtained. PROPOSED OWNERSHIP The Covington development team of Bob Flynn and Will Walton possess over 25 years of residential community development experience in multiple markets throughout the u.s. Collectively, the team has facilitated and managed the development of single family projects totaling over 10,000 lots. As long time residents of Colleyville, the team is committed to creating a distinctive project and will maintain the highest standards of professional development practice. UTILITY PROVISIONS See attached letter from Project Engineer. ECONOMIC DEVELOPMENT INFORMATION Covington will have a total of 37 homes, with an estimated average value of between $750,000 and $1,000,000, resulting in an overall addition of approximately $32,375,000 to the city tax base. At the current tax rate of 0.3474%, the total new taxes generated for the city would total $112,470 per year, as a result of this development. TRAFFIC IMPACT ANALYSIS See attached letter from Project Engineer. Z-06-023 Adams, Linda B Etvir Jerry 6008 Hunter Ct Colleyville, TX 76034 Craig, Wallace PO Box 308 Hurst, TX 76053 Fawcett, Barry Dr Etux Jo Ann 3 Country Way St Colleyville, TX 76034 Gohr, Martin Etux Lorraine 809 Lavaca Tr Colleyville, TX 76034 Ishak, Ashraf Z 2928 Oak Ridge Dr Hurst, TX 76054 Leblanc, Gerard 5700 Lowrie Rd Colleyville, TX 76034 Moore, Gary E Etux Julie L 6000 Hunter Ct Colleyville, TX 76034 Reatta Place Hmowners Assoc 777 Trails End Cir Hurst, TX 76054 List of Property Owners Notified Will Walton, applicant 1505 Oak Knoll Drive Colleyville, TX 76034 Bauer, Mark K Etux Tari S 609 Colts Neck Ct Colleyville, TX 76034 Dafoe, Mitzi McKool 609 Hunter Trl Colleyville, TX 76034 Giacomini, Stephanie A 805 W Lavaca Trl Colleyville, TX 76034 Groce, John Jr Etux Melissa R 604 Colts Neck Ct Colleyville, TX 76034 Kane, Jack J Etux Patricia A 6004 Hunter Ct Colleyville, TX 76034 Martin, Stephen L Etux Nan C 813 W Lavaca Trl Colleyville, TX 76034 Moore, Paul L Etux Eva 613 Hunter Trl Colleyville, TX 76034 Rhudy, G Ann 701 W Ld Lockett Rd Colleyville, TX 76034 Will Walton, applicant 1505 Oak Knoll Drive Colleyville, TX 76034 Carroll, Ronald D Etux Mary 1 Country Way St Colleyville, TX 76034 Debrei, Johna Etux Joan E 610 Colts Neck Ct Colleyville, TX 76034 Goetting, Karen K 311 Timber Ridge Ln Coppell, TX 75019 Hultquest, Philip P & Lily J 5712 Texas Trl Colleyville, TX 76034 Kuhlmann, Peter Etux Linda 6000 Quality Hill St Colleyville, TX 76034 Metroplex Properties LIc 7769 Grapevine Hwy Fort Worth, TX 76180 Parker, Eddy R 708 W Ld Lockett Rd Colleyville, TX 76034 Saunders, Donald B 613 Colts Neck Ct Colleyville, TX 76034 Spivey, James A Etux Minnie L 1335 W Ld Lockett Rd Colleyville, TX 76034 Wheelwright, David 5701 Reatta PI Colleyville, TX 76034 Stajduhar, Martin Etux Lisa 101 Williamsburg Ct Colleyville, TX 76034 Wheelwright, David 5701 Reatta PI Colleyville, TX 76034 . 'Ilix.... City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 09/11/2006 Requester: Community Agenda No.: 9a 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 ofthe Lavaca Trail Addition, Lot 1, Block 1 of the Miller Addition, Lot 1, Block 1 of the La Attaehments: Zoning and Location Map . List of Property Owners Notified. Development Review Committee Memo History of Legislative File Version: Date: Acting Body: Action Text: 1 08/28/2006 Planning and Zoning Commission 1 09/11/2006 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 UPDATE 9/11/2006 The Commission tabled the rezoning request at the August 28, 2006, Planning and Zoning Commission meeting in order for the applicant to develop a revised zoning proposal. The applicant has indicated his intent to continue to pursue the R20 zoning designation. A revised zoning exhibit and preliminary plat application have been submitted that show a conceptual lot layout with lots that exceed the R20 lot size requirements. The preliminary plat was not submitted in time for staff to review and is not available for consideration by the Commission. Although a revised lot layout has been submitted, the R20 zoning district does not provide assurance of conceptual or proposed subdivision designs. Approval of the R20 zoning designation would permit the property to be subdivided as originally proposed. At the August 28, 2006, Planning and Zoning Commission meeting the applicant indicated that a Traffic Impact Analysis (TIA) would be submitted in order to determine the effects of City of Colleyville Page 1 Printed on 9n/2006 Agenda Briefing Continued traffic patterns along Lavaca Trail and the Remington Park subdivision. As of this writing a TIA has not been submitted for review. 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. 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 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. eity of Colleyville Page 2 Printed on 9nl2006 AQenda BriefinQ Continued 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 Colleyville Page 3 Printed on 9fl12006 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 TO FAX FROM August 8, 2006 Ron Shirley (RWS Mgmt lnc) N/A 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 DEVELOPMENT REVIEW COMMITTEE Z-06-019 808-901LAVACA TRAILR40 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 comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after fmal 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 pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, August 28,2006, 7:00 p.m. Tuesday, September 19 and October 3, 2006,7:30 p.m. RESUBMITTAL REQUIREMENTS Please submit the following to our offices: · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. · Exhibits and documents 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 fullerc@ci.collevville.tx.us if you have any questions. PAGE20F2