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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-10/9/2006 . h)x~ City of Colleyville Meeting Agenda Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, October 9, 2006 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 2. ROLL CALL Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Byerly 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES September 25, 2006 6. RECOGNITION OF OUTGOING MEMBERS Denis Duffy, Place 1 Jeff Byerly, Place 2 Thomas Bartkowski, Place 3 John Blassingame, Place 4 7. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBERS Denis Duffy, Place 1 Jeff Byerly, Place 2 Gregory Redfearn, Place 3 Michael Phelps, Place 4 City of Colleyville Page 1 Printed on 10/512006 Planning and Zoning Commission Meeting Agenda October 9, 2006 8. ELECTION OF OFFICERS Chairman Vice Chairman Recording Secretary 9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 10. PUBLIC HEARING AGENDA ITEMS 10a Case Z-06-024 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to R30-Single Family Residential on 1.3 acres out of the Joseph White Survey located at 6405 Pleasant Run Road 10b Case P-06-051 - PUBLIC HEARING - Final plat for Lots 9A and 9B, Block 1 of the Colleyville Industrial Park Addition being a replat of Lot 9, Block 1 of the Colleyville Industrial Park Addition 11. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 12. COMMISSIONERS' COMMENTS AND REPORTS 13. DJOURNMENT I her y certify t above agenda was posted on the bulletin boards at City Hall on Thursday, October 5,2006 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 10/512006 City of Colley vi lie 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Minutes - Draft Monday, September 25, 2006 7:00 PM City Council Chambers Planning and Zoninq Commission Planning and Zoning Commission Minutes - Draft September 25, 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 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 September 25, 2006, at 7:05 p.m. 2. ROLL CALL Present: Commissioners Dave Dudziak, Thomas Bartkowski, John Blassingame, Denis Duffy, Jeff Byerly Absent: Robert McCormick and Mary Taylor 3. INVOCATION The invocation was given by Commissioner Duffy. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve meeting minutes as written. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 5 - Dudziak, Bartkowski, Blassingame, Duffy, Byerly Absent: 2 - McCormick, Taylor 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Case P-06-042 - Preliminary Plat of Lots 1x-4, Block A, Lots 1x-5, Block B, Lots 1-11, Block C, Lots 1-6, Block 0 of the Preston Oaks Addition on 16.8 acres, located at 805-901 Lavaca Trail City of Colleyville Page 1 Printed on 10/412006 Planning and Zoning Commission Minutes - Draft September 25, 2006 The minutes for this agenda item can be found during case Z-06-o19. This item was considered, by a separate vote, with the tabled item, zoning case Z-06-019. Commissioner Byerly moved to approve case P-06-o42. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 4 - Bartkowski, Blassingame, Duffy, Byerly Nay: 1 - Dudziak Absent: 2 - McCormick, Taylor 7b Approval of a Final Plat of Lots 1-9, Block 1 of the Chanel's Court Addition located at 209 and 301 Bandit Trail, Case P-06-046 Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding if the homes are to be sprinkled for fire safety, since there are nine homes on the street? Barry LeBaron replied those homes are not required to be sprinkled. Commissioner Bartkowski moved to approve case P-06-046. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 5 - Dudziak, Bartkowski, Blassingame, Duffy, Byerly Absent: 2 - McCormick, Taylor 7c Approval of a Preliminary Plat of Lots 1-32, Block 1, Lots 1-45, Block 2, Lots 1-11, Block 3, Lot 1, Block 4, Lot 1, Block 5 of The Villas at Oak Pointe on 19.7 acres, located in the 1600 block of Sanders Lane, Case P-06-047 Commissioner Byerly recused himself from this agenda item. Commissioner Duffy, being the Vice Chairman, resumed the meeting. Chris Fuller presented the case and briefed the Commissioners. Barry LeBaron discussed with the Commissioners regarding if the developer gates the development. He stated staff has met with the developer and if he decides to gate the community, the entry way would be re-designed, however the redesign would not affect the lots. Commissioner Dudziak questioned staff if the developer does decide to gate the community, will he have to meet the turn around requirements? Barry LeBaron replied yes, that is why staff requested a drawing showing if it is conceivable to do with the layout that he has. Commissioner Dudziak questioned if those documents need to be attached to the preliminary plat? Barry LeBaron replied no, it can be done during the final plat process. City of Cotleyville Page 2 Printed on 10/412006 Planning and Zoning Commission Minutes - Draft September 25, 2006 Commissioner Duffy moved to approve case P-06-o47. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 4 - Dudziak, Bartkowski, Blassingame, Duffy Absent: 2 - McCormick, Taylor Abstain: 1 - Byerly 7d Case P-06-048 - Minor plat of Lot 1, Block 1, Ford Addition, 1.0 acres located at 2406 Glade Road At this time, Commissioner Byerly resumes the meeting. Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak moved to approve case P-06-048. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 5 - Dudziak, Bartkowski, Blassingame, Duffy, Byerly Absent: 2 - McCormick, Taylor 7e Approval of a Preliminary Plat of Lots 1x-12, Block A, Lots 1x-12, Block B, Lots 1-16, Block C of the Covington Addition on 23.4 acres, located at 704-800 L. D. Lockett Road, Case P-06-049 Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff or City Attorney Matthew Boyle that since Hunter Trail is not up to city standards, is there a way we could recommend, no gate, but bring Hunter Trail to city standards? Attorney Boyle replied you can make a recommendation as part of the plat approval relative to the existence or non existence of the gate, with respect to the council to consider any pavement or street upgrades as commented by the Planning and Zoning Commission. Commissioner Bartkowski questioned staff if Mr. Stajduhar has been updated as to the out fall of the detention pond and is he aware that there will be a 30 inch concrete pipe discharging water right at that point? Mr. Walton replied having met with Mr. Stajduhar regarding the drainage and flow and has explained the process that will exist for the project. Commissioner Bartkowski questioned if all of the water will be discharged at one time? Mr. Walton stated Mr. Stajduhar is aware of the sheet flow moving onto his property. Tom Hoover, Engineer for the project, stated most detention ponds are concentrated on the flow and will be interactive with the drainage. Commissioner Bartkowski questioned Mr. Hoover where is the storm drainage system shown, where does the water go? Mr. Hoover replied the release rate will be decreased to match the storm drainage system along Country Way. Commissioner Duffy questioned Mr. Hoover regarding how will you treat the pond on Lot 6x? Mr. Hoover replied the water will be required to jump in baffles that will slow the water down. The water will move southwest toward Mr. Stajduhar's property. Commissioner Duffy stated that since this is a retention pond, it will have water at all times, only the additional will be discharged. Commissioner Dudziak questioned staff if this is ok to move this amount of water onto City of Colleyvil/e Page 3 Printed on 10/4/2006 Planning and Zoning Commission Minutes - Draft September 25, 2006 another property? City Engineer, Chad Bartee, replied the engineering staff will not approve a water discharge that is not acceptable for neighboring properties. Commissioner Duffy questioned City Engineer Bartee if the perimeter of this proposal is acceptable to the Colleyville Engineering Department? City Engineer Bartee replied yes, from what he has seen tonight. Commissioner Blassingame questioned City Engineer Bartee if he is familiar with the Hunter Lane conditions? City Engineer Bartee replied no. Commissioner Duffy moved to approve case P-06-049 and to state clearly to the council that we do not wish to recommend a closed gate at the Hunter Trail intersection, and we recommend Hunter Trail be brought up to city standards as well as the sidewalks. Commissioner Bartkowski seconded. Commissioner Byerly stated to the audience that the city has a Street Capital Improvements Committee that meets and he suggested someone to address those issues to the Committee regarding Hunter Trail. The motion failed by the following vote: Aye: 3- Bartkowski, Duffy, Byerly Nay: 2- Dudziak, Blassingame Absent: 2 - McCormick, Taylor Commissioner Byerly questioned the "nay" voters as to why they voted as they did. Commissioner Blassingame stated the neighbors were in favor of the gate for the safety of their children. He stated not being in favor of this and just recommending to council that they improve the street. He stated not seeing that get done before the development gets done. Commissioner Dudziak stated not liking the "hybrid" R20 as mentioned in the previous hearings. Commissioner Byerly questioned Commissioner Dudziak as to how that is relevant to the platting issue, that is a zoning issue? Commissioner Duffy stated not being in favor of the ''nay'' voters having to say why they voted the way they have. Commissioner Byerly stated needing to get a consensus so that this item can move forward, it will not move forward with a 3-2 vote. Commissioner Duffy suggested Attorney Boyle should explain to the applicant what can take place next. Attorney Boyle stated there not being any issue raised that would show that there is a defect or a deficiency relative to this application's compliance with the subdivision ordinance and at such it is right for a favorable consideration and would encourage a reconsideration of the approval by the Commission with whatever conditions or standards that would gain four affirmative votes. Commissioner Blassingame suggested removing the language denying the opportunity for a gate. Barry LeBaron replied the applicant is the one who decided that there would be a gate at this property, however, each time a gate is put up, emergency access is hindered. He concurs with the Attorney Boyle, this plat meets the subdivision standards. Commissioner Bartkowski questioned staff regarding what are the applicant's choice if a motion is not approved? Barry LeBaron replied the applicant would appeal to the city City of Colleyville Page 4 Printed on 10/4/2006 Planning and Zoning Commission Minutes - Draft September 25, 2006 council. Commissioner Duffy questioned Attorney Boyle who can make a motion to reconsider? Attorney Boyle replied the floor is open for another motion. Commissioner Bartkowski stated the vote has been made, it should be put to bed. Attorney Boyle stated the charter requirement is it takes four affirmative votes for a P&Z case and one option would be to consider the preliminary plat and then take a second related motion relative to the Commission's desires on the gated or not gated status of Hunter Trail. Commissioner Byerly stated if the Commission does nothing for this plat, the plat will automatically get approved. Commissioner Byerly moved to approve case P-06-049 with the recommendation to city council that they consider removing the gate at such time that they are willing to bring Hunter Trail to the current city standards and install the sidewalks and curbs and gutters. Commissioner Blassingame seconded. Commissioner Duffy replied not approving to another vote, the vote should stand as stated. Attorney Boyle replied there has been no action due to the charter requirements of four affirmative votes, in either direction. Commissioner Bartkowski questioned Attorney Boyle regarding an agenda item that the Commission can not take action on? Attorney Boyle replied not being at all close to this being an item that we can not take action on. Commissioner Byerly stated the Commission has to approve, deny or table the item by having four affirmative votes to do so. Attorney Boyle stated that 30 days after this application is completed, in the absence of final action by the Commission, then the plat is deemed approved as accordance with law and the local government code. Commissioner Duffy stated objecting to the process. He stated the Robert's Rules are not being followed. Commissioner Byerly stated and Attorney Boyle concurred, the city has not adopted Robert's Rules, especially where it conflicts the city charter. The motion failed by the following vote: Aye: 2- Blassingame, Byerly Nay: 3- Dudziak, Bartkowski, Duffy Absent: 2 - McCormick, Taylor Commissioner Byerly stated the floor is open for another motion. Commissioner Bartkowski moved to table case P-06-049 to the next Planning and Zoning Commission meeting. Motion failed for lack of second. Commissioner Blassingame stated we have to do what we said we were going to do, when we approved the zoning, we approved the gate. Remove all language about removing the gate and let city council deal with it. He stated the Commission voted affirmatively with the gate. Commissioner Bartkowski replied the Commission did not vote affirmatively, as noted in the minutes for the September 11, 2006 meeting. Chris Fuller stated the voting for the rezoning request was concentrated on the density City of Colleyvi/le Page 5 Printed on 10/412006 Planning and Zoning Commission Minutes - Draft September 25, 2006 of the development, with discussion regarding the access gate. The vote did not have language that specifically discussed the gate. Commissioner Byerly stated the gate was not a zoning issue, it is a platting issue and when discussed at the zoning hearing, the Fire Marshall and staff did not approve of a gate. The developer was willing to put in a gate because the citizens wanted it. Commissioner Bartkowski suggested siding with the Fire Marshall stating the gate is a safety issue. Commissioner Blassingame stated when the Fire Marshall made the statement about the gate being an issue, one staff member stated there are gates in Colleyville and this one could be approved by city council. Commissioner Duffy moved to reconsider case P-06-049. Commissioner Blassingame seconded. The motion passed by the following vote: Aye: 4- Dudziak, Bartkowski, Blassingame, Duffy, Byerly Absent: 2 - McCormick, Taylor Commissioner Duffy stated the gate is to please the neighbors in this development, however, if this is a good plan for the city, the developer should not be penalized for the gate. Commissioner Duffy stated the plat should be approved with out the gate and then a side motion could be made to recommend, for or against, the gate to city council. Commissioner Duffy moved to approve case P-06-049 as presented. Commissioner Blassingame seconded. The motion failed by the following vote: Aye: 3- Blassingame, Duffy, Byerly Nay: 2- Dudziak, Bartkowski Absent: 2 - McCormick, Taylor Commissioner Byerly questioned Mr. Walton regarding his thoughts about the gate? Mr. Walton stated our objective was to provide the gate, in the development review memo, staff suggested that we put the gate on the plat. We do not want the approval of the plat on the condition on the gate, however, he stated he feels the neighbors would remain in support of this development without the gate. Attorney Boyle stated the provision in the development code that is consistent with Commissioner Duffy's motion, that Section 10 - 5a, specifically the city council may grant a variance to a subdivision that includes a private gated entrance into a subdivision. Commissioner Bartkowski stated this is a private gate across a public street. Attorney Boyle replied the point being is that the plat and gate can be considered as two separate items as Commissioner Duffy suggested. The gate issue could move forward with a 3-2 vote to city council, because it would not be the final action. The alternative is that the Commission take no action tonight and in 30 days the plat would be approved, with no action. City of Colleyville Page 6 Printed on 10/4/2006 Planning and Zoning Commission Minutes - Draft September 25, 2006 Commissioner Duffy moved to approve case P-06-049 as presented. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 4- Bartkowski, Blassingame, Duffy, Byerly Nay: 1- Dudziak Absent: 2 - McCormick, Taylor Commissioner Duffy moved to recommend to the city council regarding the gate issue, the Commission's recommendation that there be no gate with the recommendation that the city bring Hunter Trail to current city standards. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 3- Bartkowski, Duffy, Byerly Nay: 2- Dudziak, Blassingame Absent: 2 - McCormick, Taylor 8. TABLED AGENDA ITEMS 8a Approval of a 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, Case Z-06-019 Commissioner Byerly moved to remove case 2-06-019 from the table. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 5- Dudziak, Bartkowski, Blassingame, Duffy, Byerly Absent: 2 - McCormick, Taylor Commissioner Byerly stated the Commission will consider plat case P-06-042 at the same time, however, separate votes will be made. Chris Fuller presented the case and briefed the Commissioners. Barry LeBaron stated that since the plat is not a public hearing, all speakers wishing to speak regarding the plat will be given an opportunity to do so. Commissioner Byerly opened the public hearing at 8:10 p.m. Ron Shirley, the applicant, came forward to present the case and brief the Commissioners. Commissioner Blassingame questioned Mr. Shirley regarding the entry features? Mr. Shirley provided drawings regarding the entry way features. Commissioner Byerly questioned Mr. Shirley if the entry fencing will be solid masonry or with a wrought iron combination? Mr. Shirley replied a combination of wrought iron and masonry. City of Colleyville Page 7 Printed on 101412006 Planning and Zoning Commission Minutes - Draft September 25, 2006 Commissioner Dudziak questioned Attorney Boyle if the Commission can dictate how the type of fencing? Attorney Boyle replied not in straight zoning. Mr. Shirley stated the fencing would be masonry and metal, that is it. Judy Ruggere, 1013 W Lavaca Trail, stated not having any objections to the zoning request. Clark Miller, 6105 Equestrian Court in Remington Park, stated it not being our place to dictate what is being developed in this area. Jeff Zimmerman, 501 Lavaca Trail, spoke in opposition to the rezoning request and the preliminary plat. Marty Gohr, 809 Lavaca Trail, stated understanding the changes on Lavaca Trail and in favor of the requests. Lorraine Gohr, 809 Lavaca Trail, stated the changes are eminent. and she is in favor of the requests. Mark Randall, 6111 Mustang Trail, stated being opposed to the zoning request with concerns for the traffic. Steve Martin, 813 Lavaca Trail, stated being in favor of the rezoning request and stated the traffic that comes down Lavaca Trail is most of the residents from Remington Park. Nan Martin, 813 Lavaca Trail, stated being in favor of the rezoning request and stated that Lavaca Trail needs to be policed for the traffic. There being no one wishing to speak, the public hearing was closed at 8:50 p.m.. Commissioner Duffy stated this is a 1.3 unit per acre development which is a good proposal, with some thought put in to it. The amenities fit the neighborhood. He stated he would like to see R40 zoning when it is practical. Commissioner Duffy moved to approve case Z-06-019. Commissioner Byerly seconded. Commissioner Dudziak stated it is sad to hear that the residents have resigned to accept things. He apologized, personally, for not doing a better job by keeping the rural feel in this area in Colleyville. He stated he is still not comfortable with the 1.3 density. The motion carried by the following vote: Aye: 4 - Bartkowski, Blassingame, Duffy, Byerly Nay: 1 - Dudziak Absent: 2 - McCormick, Taylor 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Barry LeBaron introduced Dal Anderson as the Assistant City Manager. Council will be holding interviews next Tuesday night regarding the PZ commissioners. Commissioner Dudziak thanked Commissioner Blassingame regarding his time. Commissioner Byerly thanked Commissioner Bartkowski regarding his time. City of Colleyville Page 8 Printed on 101412006 Planning and Zoning Commission Minutes - Draft September 25, 2006 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, September 21, 2006 by 5:00 p.m. There being no further business before the Planning and Zoning Commission meeting adjourned at 9:00 p.m. Approved by acclamation. Amy Shelley, Planning and Zoning Assistant City of Cotleyvil/e Page 9 Printed on 101412006 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: 10109/2006 Requester: Community Agenda No.: 10a Final Action: Development Department File Name: Case Z-06-024 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to R30-Single Family Residential on 1.34 acres out of the Joseph White Survey located at 6405 Pleasant Run Road A.ttachments: Zoning and Location Map. List of Property Owners Notified. Development Review Committee Memo . Applicant's Response. Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 10109/2006 Planning and Zoning Commission Title Case Z-06-024 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to R30-Single Family Residential on 1.3 acres out of the Joseph White Survey located at 6405 Pleasant Run Road Explanation STAFF REVIEW COMMENTS Stacy McKinney is the owner of 1.3 acres of land located on the southeast side of the Pleasant Run Road and L.D. Lockett Road intersection. The property is currently zoned AG-Agricultural. Request. Rezone from AG-Agricultural to R30-Single Family Residential. Location. This is a 1.3 acre parcel of property located at 6405 Pleasant Run Road. Platting. The property is not platted. There is an existing single family dwelling on the property. The property owner has indicated plans to subsequently plat the property into two lots upon approval of the rezoning request. Lot Sizes. The developer has submitted a conceptual layout of the property showing a potential lot configuration. The proposed lots, as shown on the zoning exhibit, meet the 125-foot lot width and depth requirements of the R30 zoning district. However, the R30 City of Colleyville Page 1 Printed on 101512006 Agenda Briefing Continued zoning district requires a lot area of 30,000 square feet. At the time of platting, the two proposed lots will each have approximately 29,254 feet of lot area, which is not sufficient to allow the subdivision of the property into two lots that conform to the R30 standards. The applicant is requesting a waiver of the minimum lot area requirement. The owner indicates they prefer the R30 zoning district because it allows the eventual construction of estate homes on both lots, which is a goal of the Master Plan for properties fronting on the major roadway network, such as Pleasant Run Road. Approval of the rezoning request does not constitute approval of the proposed lot layout. However, the property owner would like to obtain a level of comfort that the Commission would have no problem considering a plat configured as proposed in this submittal. Master Plan. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This request appears to be consistent ~ith the following goals and objectives of the Master Plan.: · Continue development of luxury residential areas while maintaining the "country feel" along major collector streets. · Preserve larger lot sizes, i.e., 30,000 sq. ft. and up, and promote the redevelopment or combination of smaller lots into larger estate lots. · Encourage large single lot development on major thoroughfares as "estate" properties. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the south, east and west are zoned AG- Agricultural and are currently developed as single family residences. The properties to the north are zoned AG- Agricultural, and consist of vacant property and a church. Sidewalks and Trails. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Pleasant Run Road. The Pathways Plan requires a 1 O-foot wide trail along the north side of Pleasant Run Road. The developer is required to construct the trail as part of the public improvements for this property. 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. Public Notification. Staff mailed notices to nine 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 Colleyville Page 2 Printed on 10/512006 ~ <( o N I [Y ~ <( ~ List of Property Owners Notified Z-06-024 Stacy McKinney, applicant 8504 Precinct Line Rd. Colleyville, TX 76034 Bransford Park Land Trust PO Box 185 Colleyville, TX 76034 Burrow, Darre1 D Etux Marian A 6405 Pleasant Run Rd Colleyville, TX 76034 Davis, Ullin D & Patricia 6316 Pleasant Run Rd Colleyville, TX 76034 Dolan, Thomas D Etux Edna 6317 Pleasant Run Rd Colleyville, TX 76034 Miller, Sandra G 6313 Pleasant Run Rd Colleyville, TX 76034 Powell, Ted B Etux Elda Laura 6400 Cutter Ridge Ct Colleyville, TX 76034 Davis, Gary D Etux Mary Ann 6400 Pleasant Run Rd Colleyville, TX 76034 Good Shepherd Catholic Ch 800 W Loop 820 S Fort Worth, TX 76108 Txu Electric Delivery Co PO Box 219071 Dallas, TX 75221 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE September 26,2006 TO DAVID MYERS FAX 817.282.0401 FROM Chris Fuller, Development Coordinator SUBJECT Z-06-024 - AG to R30 6405 Pleasant Run Road The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. No Changes are Required for the Zoning Exhibit. The Following Comments Require a Response from the Applicant: 1. Pending approval of the rezoning request, the property must be platted prior to development. Refer to Chapter 8 of the Land Development Code for plat requirements. 2. If the zoning request is approved, the property shall be subject to the general provisions of the R30 zoning district. 3. It appears that the proposed lots will not meet the lot development regulations per the R30 zoning district. As proposed, a waiver will be required to plat the property. 4. The extension of sanitary sewer lines may be required to accommodate building sites. Contact Robert Woods, Project Engineer, 817.503.1 094, for more information. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. 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. WATER ROADWAY $2,187 per dwelling unit for SINGLE F AMll... Y 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. 100 Main street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z.o6.o24 6405 PLEASANT RUN Ro AG TO R30 SEWER $643 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. The following impact fee schedule is applicable for building permits issued on or before March 31,2007. SEWER Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER SIDEWALKS AND TRAILS. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Pleasant Run Road. The Pathways Plan requires a lO-foot wide trail along the north side of Pleasant Run Road. The developer is required to construct the trail as part of the public improvements for this property. The trail must be installed when any new structures are built on the property. 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. The lot with the existing home is exempt from this requirement. 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. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, October 9,2006, 7:00 p.m. City Council: Tuesday, November 6 & 21, 2006, 7:30 p.m. Please contact me at 817-503-1054 or fullerc@ci.collevville.tx.us if you have any questions. PAGE20F2 89/29/2866 81:38 9125568696 lHARDV PAGE 02 Brad Hardy P.O. box 114, BedfiJI'd. TX 7609S Phone: 817-415-1141 fax: 972-SS6-0696 Email: brad.bardy@bbhardy.com September 29. 2006 Quis Fuller, ~ CoordiDator City of CoUcyviDe Ref. Z..Q6.024 - AG to R30 PIeasIot Run RoId rczaoias ~ Review ~':"lIle ~datCIcI912612006 Mr. Fuller: I represent Stacey MdUmey. appIicaIJt .~diDg dUs ~ RqUCSt. I w.dt..6tuad 1bat David. Meyers bas .dpOI1dcdtothese ~ boMvcr. the fODowio8~l ~ may be ~ 1. Regardins the plat requiRd pendiDa approval <<the requeIICICl*lains: We agta: and ~ 1bat the property must be platted in ACalI'dmcc with pial rcquin:mcIa 8Dd it is our i.1IIIa ID t.iId a DCW residmoe OIl eada of 2 pRJpOICd lacs, and we nqucst that the propotOd ZlCIJias _ pJ.l, individually and ~. support our incIut. Our requt.lIt fiK 2 iadividuallub is DOt optioeaI. 2. We understand thai the pRlpCIty sbaIl be subject to 11-30 l<OIIi:ns provisto.. widt the ~ tbaI, after 1lIkias ____I ROW" the 10' wide CXlmftlUIIity ttail, this property is slipt1y dcficicIlIt in mcaid8 the ~ lot ana ad miIIimum width at 1he front buiJdiDs line fill' R-30. We request you. CXJOSicIrlr taIdIIg the troot.gc area by easement rada than ~ 80 ... the lot an:as win comply with R-30 m.iDimum area. 3. Since, due 110 die uausoal.... ua of pn'l~ City -Welled froaIa8e, 'We agtCe that a waMr abouId be pullridlld by dIic Cky to facilitate tile appIicMl's ~use. We request the PIannina ct Zoning CornmiaioD CClDSider this waiwr upon the inRial discussion and~. 4. ~ 1hD saaDry 1CWCt. we were ioaInIc:ted by City ~-<riaa staff (Chad Bartee) tbat brinsinB city sewer senica to the pl'OpC)Mcllots was DOt fimible _ thcn:forc we would nocd to scck approval ofau accep(abIc on-site sewer system fi'oIIl Tamat County Environmtntal HeaIrh DcpartmcIt. We IJa\Ie sec:amI writIaI pcnNssica and pmimiJaaty approval for all 0IHitc..-1e'fIl'CI' IJstaD desip. subject only to our sa;urq all approved .)'Item JnsWIa- prior 10 PMtIiu.;on of such. We adoowIcdgc nu:ipt ofdJe infurmation pmvidIld .. ~ regantiag impact feat Sidewalks aod Trails. ParkIaDd DcdicaticIl Fees .. Tra; Pn:serwaioa. We request you c-.onfiTm tbis zooing and plat rup:st on PIIoDiD8 ct Zoning Commission ScbeduIc: MODday October 9, 2006. ~ Cc: Stacie McKimcy. applicant ORDINANCE 0-06-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.3 ACRES IN THE JOSEPH WHITE SURVEY, ABSTRACT 1692, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE R30-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-06-024; 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 to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-06-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural zoning district to the R30-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. Ordinance 0-06-xxxx Page 3 of 3 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" FI8.D NOTE DESOUPTlON ALL that certain tract or parcel d land situated In the JOSEPH WHITE SURvEY, ABSTRACT 1692, Tarrant County, Texas Ind being a portion d that same tract described to Darreland MnIn Burrow . recorded In Document D20502196O, o.d Records, TaJTII1t County, Texas and also being more particularly desatbed by metes and bounds as fellows: BEGINNING at a 5/8 Inch steel rod found at the southwesterly comerd that same tract descr1bed to ThamIs and Edna Dolan as recorded In Volume 9207, Page 441, Deed Records,.TarTII1t County, Texas and being In the apparent nort:heastII1y right-of-way 1M d Pleasant Run Road (a variable width right-of-way); THENCE North 53 degrees 14 minutes 56 seconds West with the sauthwestertv boundaly line d said Burrow tract, 261.03 feet to a 3/8 Inch st.eeI rod found at the mast westeI1y mrner d said Burrow trad: Md being 47.5 feet southeIst81v d the c:entertlne d the trades d the Regional RaIl R.O.W. Co. (aka DART) . recorded In Volume 10146, Page 640, Deed Recofds, Tarrant COUnty, Texas; THENCE North 47 degrees 17 minutes 37 seconds East with the northwesterly boundary lne 305.18 feet to the west edge ria metal fence post at the most northerly northwest mrner d said DolIn tract and being 48.7 feet SCJUtheastBty rI the antIrine d said tracks; THENCE SOUth 43 degrees 01 minutes 50 seconds East with the ';.est!rIy boundary nne of said Dolan tract and anlnuIng with the southwesterly boundary line d that same tria desCrIbed to'T'homas and Edna Dolan . rec:orded In Volume 11434, Page 2316, Deed Records, Tarrant County, Texas, 1&4.21 feet to the west edge r:I a metal fence past, TIiENCE South 31 degrees 38 minutes 29 semnds west with said sauthwester1y boundary lne, 268.42 feet to the place d beginning and containing 1,4463 aaes, more or less, as surveyed by Moak Surveyors, Inc. In the month d August, 2006. r.J \\ 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: 10/09/2006 Requester: Community Agenda No.: 10b Final Action: Development Department File Name: Case P-06-051 - PUBLIC HEARING - Final plat for Lots 9A and 9B, Block 1 of the Colleyville Industrial Park Addition being a replat of Lot 9, Block 1 of the Colleyville Industrial Park Addition Attachments: Zoning and Location Map. Development Review Committee Memo . Applicant's Response . Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 10/09/2006 Planning and Zoning Commission Title Case P-06-051 - PUBLIC HEARING - Final plat for Lots 9A and 9B, Block 1 of the Colleyville Industrial Park Addition being a replat of Lot 9, Block 1 of the Colleyville Industrial Park Addition Explanation STAFF REVIEW COMMENTS Roger Hart is the owner of 0.8 acres of land located on the south side of Industrial Boulevard, on the west side of Wyatt Drive. The property is currently zoned ML-Light Manufacturing. The owner has submitted a replat of the property for review and consideration by the Planning and Zoning Commission. The plat will create two lots for non-residential uses. Zoning. The property is zoned ML-Light Manufacturing and it contains an existing building and fenced outside storage area. The ML zoning district requires a minimum lot width of 100 feet, lot depth of 120 feet and a minimum lot area of 10,000 square feet. The proposed lots, as shown on the zoning exhibit, meet the lot area, lot depth and lot area requirements. Waiver Request. The developer has submitted an exhibit showing the proposed lot configuration and is requesting a waiver from the front yard setback requirement for Lot 9-B. Lot 9-8 fronts Wyatt Drive and the ML zoning district requires a 40 foot front yard setback. As shown on the exhibit submitted by the applicant, Lot 9-B has a proposed 15 foot front yard setback. The Land Development Code allows the Planning and Zoning Commission to City of Colleyville Page 1 Printed on 101512006 Agenda Briefing Continued approve a subdivision plat that contains a waiver request. Right of Way. The applicant has dedicated additional right of way along Wyatt Drive to comply with local street standards. Earlier this year City Council approved the reclassification of Wyatt Drive from a collector street classification to a local street classification. Drainage. A lot grading plan will be necessary at time of building permit for the construction of a new building. The Engineering Department will review and accept lot grading plans during the building permit process. Perimeter Street Improvement Requirements. Perimeter street improvements are required for the newly created lot since Wyatt Drive is considered an unimproved street. Perimeter street improvements are not required for Industrial Boulevard as it is considered an improved street. Tree Preservation. The applicant was made aware of the tree preservation requirements during the rezoning process, and has provided an aerial photo showing existing trees on the property. Summary. The owner's surveyor has addressed all Development Review Committee comments. With the exception of the front yard setback waiver request, the proposed development appears to satisfy the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Co/JeyviJIe Page 2 Printed on 101512006 -l ~ a N I r:r:: o <( -l ~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW CO'MMITTEE DATE September 26, 2006 TO Roger Hart FAX NO 817.498.9933 FROM Chris Fuller, Development Coordinator SUBJECT P-06-051 Colleyville Industrial Park - replat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide a 40-foot front yard setback along Wyatt Drive on Lot 9-B. Lot 9-B does not have frontage on Industrial Boulevard, so Wyatt Drive is considered the front yard. A front yard setback ofless than 40-feet requires a waiver request that must be approved by the Planning and Zoning Commission. 2. Add 7.5-foot Public Drainage Utility Easement along the west property line. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 3. Remove or defme the circled number one located within Lot 9-B. 4. Extension of water and wastewater lines could be required to service Lot 9-B depending upon building layout and site plan. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat. Perimeter street improvements are not required for Industrial Boulevard as it is considered an improved street. Perimeter street improvements are required for the newly created lots since Wyatt Drive is considered an unimproved street. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City ofColleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. 100 Main street, Colleyville , Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-06-o51 Colleyville Industrial Park - replat TREE PRESERVATION. Trees not located within the right-of-way or under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all streets. The sidewalk along Wyatt Drive must be at least 4-feet wide and must be constructed as part of the public improvements for this property. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building pennit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. 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 PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, October 9, 2006, 7:00 p.m. Please submit the following to our offices: · A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; PAGE20F3 DEVELOPMENT REVIEW COMMmEE P-06-o51 Colleyville Industrial Park - replat · 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, October 4, 2006, in order to make the scheduled hearings. Please contact me at fullercUV,ci.colleyville.tx.us or 817.503.1054 if you have any questions. PAGE30F3 ~ - ........ - ~ ~. AREA SURVEYING, INC. Registered Professional Land Surveyors 135 Sheffield Drive. Fort Worth, Texas 76134 Phone 817.293.5684. Fax 817.293.5685 October 4,2006 Chris Fuller Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 RE: P-06-051 COLLEYVILLE INDUSTRIAL PARK - REPLAT Dear Mr. Fuller: Regarding the report from the Development Review Committee, dated September 26, 2006, we offer the following response: 1. "Provide a 40-foot front yard setback along Wyatt Drive on Lot 9-B..." We respectively request that the Planning and Zoning Commission waive this request. While we understand that technically, Lot 9-B fronts Wyatt Drive, it is the applicant's intention to develop the property so that the building to be constructed on Lot 9-B fronts Industrial Boulevard. I will be at the meeting on Monday, October 11, with a Site Plan to better illustrate this for the commission. 2. "Add 7.5-foot Public Drainage Utility Easement along the west property line..." This has been done. 3. "Remove or define the circled number one located within Lot 9-B." This was to indicate that the lots were in Block 1. For clarity I have removed the circle and spelled out Block. 4. "Extension of water and wastewater lines could be required to service Lot 9-B depending upon building layout and site plan..." I have contacted Robert Woods and we will coordinate any improvements with him. Upon approval of this reptat, my client intends to begin construction on the building on Lot 9-B. Any necessary utility extensions can be done at that time. We acknowledge tliat this replat is subject to Perimeter Street Improvement Fees, the Tree Preservation rules and Impact Fees. However, a sidewalk along Wyatt Drive would serve little purpose. There are no walks in the area to connect to and since this area has already been developed, it is doubtful any other walks will be constructed in the future. We respectively request that the commission waive this requirement. ;2:t J4- Roger W. Hart, R.P.L.S. 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