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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-05/9/2016 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 9, 2016 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Gotcher PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES April 11, 2016 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Planning and Zoning Commission Agenda May 9, 2016 City of Colleyville Page 2 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a zoning change from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district on Tracts 1A01H1 and 1A01G, of Abstract 1756, in the A T Young Survey, located at 4916 and 4928 Bills Lane, Case ZC16-002 3b Consideration of a replat (Proposed Lots 1R1 & 17, Block 3, of the Highland Acres Addition), of Lot 1R, Block 3, of the Highland Acres Addition, and Tracts 1B &1B2, Abstract 206, of the B.B.B. & C.RR Survey, located at 5108 Bransford Road, 409 Timberline Drive South, and 411 Timberline Drive South, Case PC16-004 4. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 6, 2016 by 5:00 p.m. Abra Nusser Community Development Director A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 11, 2016 City Council Chambers CALL PRE COMMISSION TO ORDER Shane Pace called the Pre Commission meeting of the Planning and Zoning Commission to order on April 11, 2016, at 6:15p.m. Roll Call Present: Commissioners, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Absent: Commissioner Jason Elms Staff Present: Shane Pace, Abra Nusser, Oscar Chavez, Cheryl Taylor, Rob McKeown, Brian Riley, Matthew Boyle (City Attorney), and Matthew Butler (City Attorney) PC-1 Briefing on consent and public hearing agenda items. Shane Pace presented the items and briefed the Commission. Shane Pace adjourned the Pre Commission meeting at 6:37 p.m. EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Consultation with and legal briefing by the City Attorney regarding the role, responsibility, and legal issues for the Planning and Zoning Commission City Attorney Matthew Boyle explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 7:03 p.m. CALL REGULAR MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Jeff Byerly on April 11, 2016 at 7:08 p.m. Roll Call City of Colleyville Page 1 Planning and Zoning Commission Minutes April 11, 2016 Present: Commissioners, Carel Tornes, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Absent: Commissioner Jason Elms Staff Present: Shane Pace, Abra Nusser, Oscar Chavez, Cheryl Taylor, Rob McKeown, Brian Riley, and Matthew Boyle (City Attorney) 1. APPROVAL OF MINUTES Commissioner Gotcher made a motion to approve the March 14, 2016 minutes as written. Commissioner Phelps seconded. The motion to approve the March 14, 2016 minutes as written carried by the following vote: Aye: 6 – Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA AS A PUBLIC HEARING ITEM There were no citizen comments/presentations regarding items not on the agenda as a public hearing item. 3. CONSENT AGENDA ITEMS 3a Consideration of a combination preliminary/final plat (Lot 1, Block 1, of the Doody Farms Addition), of Lot 1, Block 1, of the Uncle Buck’s Addition, Lot 1 Block 1, of the Driskill Addition, and Tracts 1B and 3Z in Abstract 211, of the BBB C RY Survey, located at 401 and 409 L.D. Lockett Road, Case PC16-001. Commissioner Tornes made a motion to approve Case PC16- 001. Commissioner Wheelwright seconded. The motion to approve carried by the following vote: Aye: 6 – Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. PUBLIC HEARING AGENDA ITEMS 4a Consideration of a zoning change from the AG Agricultural zoning district to the R20-Single Family Residential zoning district on Tracts 1A01H1 and 1A01G, of Abstract 1756, in the A T Young Survey, located at 4916 and 4928 Bills Lane, Case ZC16-002. Shane Pace informed the Commission that the applicant requested to City of Colleyville Page 2 Planning and Zoning Commission Minutes April 11, 2016 continue the item to the May 9, 2016 Planning and Zoning Commission meeting. Commissioner Phelps made a motion to continue Case ZC16- 002 and its associated public hearing to the May 9, 2016 Planning and Zoning Commission meeting. Commissioner Tornes seconded. Commissioner Gotcher questioned the applicant regarding the reason for requesting the continuance. The applicant, Fred “Bill” Westphal, 4918 Bills Lane, came forward and stated he needed more time to address staff concerns with the project. The motion continue Case ZC16-002 and its associated public hearing to the May 9, 2016 Planning and Zoning Commission meeting carried by the following vote: Aye: 6 – Tornes, Wheelwright, Gotcher, Davis, Phelps, and Byerly 5. ADJOURNMENT The meeting adjourned at 7:17 p.m. The minutes were written and prepared by: Shane Pace Principal Planner The meeting minutes were approved on_____________, by a vote of _______. City of Colleyville Page 3 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 05/09/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from the AG-Agricultural zoning district to the R20- Single Family Residential zoning district on Tracts 1A01H1 and 1A01G, of Abstract 1756, in the A T Young Survey, located at 4916 and 4928 Bills Lane, Case ZC16-002 Explanation Second Meeting Update On April 11, 2016, the applicant requested to continue the proposed rezoning request to the May 9, 2016, Planning and Zoning Commission meeting to allow time to address staff concerns. No changes to the request have been submitted, and the applicant has requested to withdraw the case from consideration. The Planning and Zoning Commission has the following options: 1. Recommend approval of the rezoning to City Council; 2. Deny the rezoning (applicant can appeal to City Council within 10 days of action); or 3. Authorize the request to withdraw the case from consideration. First Meeting Fred Westphal, the applicant, has submitted a request to rezone approximately 3.17 acres, located at 4916 and 4928 Bill’s Lane from the AG-Agricultural District to the R- 20-Single Family Residential District. The applicant is seeking a zoning change with the intent of demolishing the existing single family home and constructing a new home on the subject property. The applicant has also indicated that should the rezoning request be approved, additional development may be contemplated utilizing the subject property and adjacent parcels. Existing Conditions/Background: The subject property is currently unplatted and generally located north of Glade Road and west of Fry Lane. A subsequent combination preliminary/final plat will be required prior to subdividing the property, should the rezoning request be approved or prior to the issuance of a building permit. 4916 Bill’s Lane is currently zoned AG - Agricultural District, and developed with one, two-family (duplex) home. Bill’s Lane (4928 Bill's Lane) is also zoned Agricultural District and dedicated as a private access easement. Bill’s Lane is not recognized by the City as a Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 public or private street, therefore, construction of a street meeting all City standards is required by the developer. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: AG-Agricultural (Undeveloped) AG-Agricultural (Undeveloped) R-20 Single Family Residential (Rockrimmon Subdivision - Single Family Homes) AG-Agricultural (Undeveloped) Subject Property AG-Agricultural (Two- Family Home with Accessory Structures) R-20 Single Family Residential (Rockrimmon Subdivision - Single Family Homes) AG-Agricultural (Single Family Home) AG-Agricultural (Single Family Home) R-20 Single Family Residential (Rockrimmon Subdivision - Single Family Homes) Proposed Zoning Change: The applicant is requesting a zoning change from AG- Agricultural District to R-20-Single Family Residential District with the intent to demolish the existing structure on the proposed Lot 2, Block 1 and to construct a new home. The applicant has also indicated that should the rezoning request be approved, additional development may be contemplated utilizing the subject property and adjacent parcels. The applicant has provided a zoning exhibit, which is conceptual in nature, and not up for consideration as part of the zoning request. The conceptual zoning exhibit shows Lot 2, Block 1, which is the parcel containing the existing two-family structure, as well as Lot 1, Block 1 which is currently known as Bill’s Lane. As previously stated, Bill’s Lane is not recognized by the City as either a public or private street. Additionally, the conceptual zoning exhibit provided by the applicant reflects a future proposal to maintain Bill’s Lane as a Private Access Easement. Ordinance – Chapter 3 (Land Use) of the Land Development Code identifies the purpose and intent of the R-20 – Single Family Residential District as primarily oriented toward low density residential purposes and open space uses. Additionally, it states the principal uses shall be moderately low density detached single family homes. Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-20 District regulations require the following standards: Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 Minimum Lot Area: 20,000 square feet Minimum Lot Width: 100 feet Minimum Lot Depth: 125 feet Minimum Front Yard Setback: 30 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 30 percent Chapter 8 (Plat Review Procedures) of the Land Development Code requires every lot to have frontage onto a public street right-of-way prior to approval of a subdivision plat. Chapter 10 (Private Streets and Entrance Gates) of the Land Development Code provides provisions for circumstances where private streets are -requested, and allows for frontage onto private streets with the approval of City Council. Staff has communicated to the applicant that the proposed layout is not in compliance with the requirements of the Land Development Code without frontage, and the applicant has acknowledged the non-compliance and requested to address these issues during the platting process. Analysis – The conceptual zoning exhibit appears to meet the R-20 District’s minimum lot area of 20,000 square feet and other standards as listed above for the residential portion of the rezoning request. However, the requested zoning is inconsistent with the surrounding properties. Although the properties to the east within the Rockrimmon subdivision are zoned R-20, the subject property is largely surrounded by Agricultural zoning, with large, mostly undeveloped lots. The proposal to rezone one parcel within the lager expanse of Agricultural zoning, coupled with large rural lots adjacent to the subject property, will create an inconsistent zoning and development pattern. Staff requested additional information from the applicant regarding future plans for the property. The applicant indicated the potential to acquire additional property within the immediate vicinity at which time subsequent rezoning requests will be made. Non-compliant issues related to frontage onto either a public or private street remain a staff concern since the applicant has not indicated intent to comply and has indicated intent to submit waivers or variances. Further, the conceptual exhibit designates Bill’s Lane as a Private Access Easement, illustrating the applicant’s intent to maintain the current nonconforming status of the subject property. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single family residential uses. The proposed rezoning request does not seek to change the use on the subject property from single Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 4 family residential uses. The comprehensive plan’s Residential Density Policy states that the maximum density of each residential project shall be 1.8 dwelling units per gross acre. The proposed density for the project is approximately 0.5 dwelling units per gross acre, based on the conceptual zoning exhibit. Staff did not calculate maximum density that could fit on the subject property since staff is not confident in the applicant’s intent to comply with the Land Development Code for the single dwelling unit proposed. Additionally, the subject property is located within the Western Central Colleyville Neighborhood (Neighborhood Area 5). This neighborhood is characterized by a mix of residential lot sizes with an approximate residential density of 1.16 dwelling units per gross acre. Within this neighborhood in the comprehensive plan, it specifically states that “Maintaining areas in larger lot configurations is important for areas on the western edge of Western Central Colleyville. ”The proposal to convert approximately 3.17 acres into potentially half-acre lots is inconsistent with the surrounding properties and the stated importance in the comprehensive plan of maintaining larger lot configurations in this area. Fees: Park Land Dedication Fees are required prior to filing the plat for record, in the amount of $1,802 per residential lot. Impact Fees are also required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit if more than one residence is constructed in the future after the demolition of the structures currently on the subject property. Tree Preservation: Any future subdivision of the subject property must comply with Chapter 5 (Tree Preservation) of the Land Development Code. A Tree Removal Permit and associated Tree Preservation Plan must be approved prior to the removal of any tree, prior to site grading or dirt disturbance, or prior to new construction on the subject property. In addition to the requirements for approval of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the required percentage of existing protected tree canopy coverage as specified in Chapter 5, unless or until the Planning and Zoning Commission formally grants a waiver to the required preservation. Public Notification: Staff mailed notices to 22 property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The proposal is generally inconsistent with the surrounding zoning designations and development pattern, which is not in compliance with the Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 5 City’s comprehensive plan. Further, technical non-compliance issues displayed in the conceptual zoning exhibit appear to make the proposal infeasible. Staff recommends denial of the proposed rezoning request. Recommendation Denial Attachments 1.Zoning Map 2.Aerial Map 3.Future Land Use Map 4.Notification Map 5.Notification List 6.Applicant Request to Withdraw 7.Statement of Planning Objectives 8.Conceptual Zoning Exhibit 9.Draft Ordinance F R Y L N A P P L E V A L L E Y D R W GLADE RD MI L L V I E W D R MILL CROSSING W MI L L C R O S S I N G W R O C K R I M M O N C T FR Y L N B I L L S L N 310 406 312 5000 308 4916 311 305 220 216304218 5200 5108 5108 49245112 4925 4921 4900 4917 4901 4913 4912 4908 5109 405 5108 4904 4920 4905 4909 201 305 308 200 5105 217301 209 205213 204208212300 4916 216 101 304 4802 5008 47064714 102 4704 4805401 49024928 1125004 4928 4899 4709 4898 4712 4803 4997 4800 4902 4902 4902 4902 4928 Case ZC16-002 4916,4918 Bills Lane & Bills Lane Subject Property Legend Subject Property AG Agricultural CC-1 Village Retail CC-2 Shopping Center CC-3 Highway Commercial CN Neighborhood Commercial CP0 Professional Office ML Light Manufacturing PUD-C Planned Unit Development, Commercial PUD-R Planned Unit Development, Residential R-10 Single Family Residential (10,000 sq. ft. min) R-15 Single Family Residential (15,000 sq. ft. min) R-20 Single Family Residential (20,000 sq. ft. min) R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) R-MF Multi-Family Residential RD Two Family Residential RE Single Family 'Estate' Residential City Limit ² F R Y L N A P P L E V A L L E Y D R W GLADE RD MI L L V I E W D R MILL CROSSING W MI L L C R O S S I N G W R O C K R I M M O N C T FR Y L N B I L L S L N 310 406 312 5000 308 4916 311 305 220 216304218 5200 5108 5108 49245112 4925 4921 4900 4917 4901 4913 4912 4908 5109 405 5108 4904 4920 4905 4909 201 305 308 200 5105 217301 209 205213 204208212300 4916 216 101 304 4802 5008 47064714 102 4704 4805401 49024928 1125004 4928 4899 4709 4898 4712 4803 4997 4800 4902 4902 4902 4902 4928 Case ZC16-002 4916,4918 Bills Lane & Bills Lane Subject Property Legend Subject Property City Limit ² F R Y L N A P P L E V A L L E Y D R W GLADE RD MI L L V I E W D R MILL CROSSING W MI L L C R O S S I N G W R O C K R I M M O N C T FR Y L N B I L L S L N 310 406 312 5000 308 4916 311 305 220 216304218 5200 5108 5108 49245112 4925 4921 4900 4917 4901 4913 4912 4908 5109 405 5108 4904 4920 4905 4909 201 305 308 200 5105 217301 209 205213 204208212300 4916 216 101 304 4802 5008 47064714 102 4704 4805401 49024928 1125004 4928 4899 4709 4898 4712 4803 4997 4800 4902 4902 4902 4902 4928 Case ZC16-002 4916,4918 Bills Lane & Bills Lane Subject Property Legend Subject Property RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ OPEN SPACE WATER BODIES / CREEKS City Limit ² F R Y L N A P P L E V A L L E Y D R W GLADE RD MI L L V I E W D R MILL CROSSING W MI L L C R O S S I N G W R O C K R I M M O N C T FR Y L N B I L L S L N 310 406 312 5000 308 4916 311 305 220 216304218 5200 5108 5108 49245112 4925 4921 4900 4917 4901 4913 4912 4908 5109 405 5108 4904 4920 4905 4909 201 305 308 200 5105 217301 209 205213 204208212300 4916 216 101 304 4802 5008 47064714 102 4704 4805401 49024928 1125004 4928 4899 4709 4898 4712 4803 4997 4800 4902 4902 4902 4902 4928 Case ZC16-002 4916,4918 Bills Lane & Bills Lane Subject Property Legend Subject Property Properties within 200 feet 200 foot Notification Boundary City Limit ² Owner Name Owner Address Owner City, State Owner Zip Situs Address GARCIA, TIMOTHY D 4920 ROCKRIMMON CT COLLEYVILLE, TX 76034 4920 ROCKRIMMON CT GORDON, HUNTER L 108 MYRTLE CREEK GRAPEVINE, TX 76051 5000 BILLS LN WESTPHAL, FRED WILLIAM PO BOX 53 COLLEYVILLE, TX 76034 4928 BILLS LN REED, AARON J 216 MILL CROSSING W COLLEYVILLE, TX 76034 216 MILL CROSSING W BRYSON, TONY 4904 ROCKRIMMON CT COLLEYVILLE, TX 76034 4904 ROCKRIMMON CT WADLEY, ED PO BOX 470764 FORT WORTH, TX 76147 5108 BILLS LN BORDOVSKY, JARED 300 MILL XING W COLLEYVILLE, TX 76034 300 MILL CROSSING W ROCKRIMMON HOMEOWNERS A 708 KENT CT SOUTHLAKE, TX 76092 4916 ROCKRIMMON CT ROCKRIMMON HOMEOWNERS A 708 KENT CT SOUTHLAKE, TX 76092 4898 ROCKRIMMON CT PROENZA, X WILLIAM 204 MILL CROSSING W COLLEYVILLE, TX 76034 204 MILL CROSSING W EDWARDS, GARY M 220 W GLADE RD COLLEYVILLE, TX 76034 220 W GLADE RD WADLEY, WILLIAM E 5108 BILLS LN COLLEYVILLE, TX 76034 4928 BILLS LN WILLIAMS, KERRY 4912 ROCKRIMMON CT COLLEYVILLE, TX 76034 4912 ROCKRIMMON CT WESTPHAL, FRED W PO BOX 53 COLLEYVILLE, TX 76034 4916 BILLS LN SKINNER, EDNA E 110 W GREENBRIAR LN COLLEYVILLE, TX 76034 308 W GLADE RD LENZ, RUSSELL 212 MILL XING W COLLEYVILLE, TX 76034 212 MILL CROSSING W PARVIN, LUTHER D EST 304 W GLADE RD COLLEYVILLE, TX 76034 304 W GLADE RD PARVIN, LUTHER D EST 304 W GLADE RD COLLEYVILLE, TX 76034 218 W GLADE RD HARRIS, BRIAN P 208 MILL CROSSING W COLLEYVILLE, TX 76034 208 MILL CROSSING W PARIKH, MAULIK 4900 ROCKRIMMON CT COLLEYVILLE, TX 76034 4900 ROCKRIMMON CT HUSSAIN, ALVIA 4924 ROCKRIMMON CT COLLEYVILLE, TX 76034 4924 ROCKRIMMON CT LI, HAOCHUAN 4908 ROCKRIMMON CT COLLEYVILLE, TX 76034 4908 ROCKRIMMON CT WESTPHAL, FRED WILLIAM PO BOX 53 COLLEYVILLE, TX 76034 4928 BILLS LN ROCKRIMMON HOMEOWNERS A 708 KENT CT SOUTHLAKE, TX 76092 4902 ROCKRIMMON CT MORRIS, JEFFREY D 310 W GLADE RD COLLEYVILLE, TX 76034 310 GLADE RD RAY, RANDY L 15056 FM 407 JUSTIN, TX 76247 216 W GLADE RD WADLEY, ED PO BOX 470764 FORT WORTH, TX 76147 5108 BILLS LN WADLEY, WILL E PO BOX 470764 FORT WORTH, TX 76147 5200 BILLS LN ERBEN, HENRY R 312 W GLADE RD COLLEYVILLE, TX 76034 312 W GLADE RD GRAPEVINE-COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE 76051 STATE LAW REQUIRED ROCKRIMMON HOA 4925 ROCKRIMMON CT COLLEYVILLE 76034 COURTESY NOTICE WESTPHAL, FRED WILLIAM PO BOX 53 COLLEYVILLE 76034 APPLICANT Public hearing notices were mailed Thursday, March 31, 2016 by Shane Pace 1 6KDQH3DFH )URP)UHGZ:HVWSKDO ! 6HQW:HGQHVGD\$SULO$0 7R6KDQH3DFH 6XEMHFW5H=RQLQJ5HTXHVW8SGDWH Mr. Pace, I want to withdraw the zoning request. I have too many things on my plate right now to deal with the zoning issue. My wife underwent surgery for breast cancer on March 25 and I am taking care of her. In addition, I have developed a disc problem in my neck. As soon as my wife is well enough to take care of me I will probably have surgery on my neck to fuse a couple of discs. Bill 2Q0RQGD\$SULO$06KDQH3DFHVSDFH#FROOH\YLOOHFRP!ZURWH 0U:HVWSKDO 3OHDVHSURYLGHPHZLWKDVWDWXVXSGDWHRQWKH]RQLQJUHTXHVWE\:HGQHVGD\$SULO,QHHG WRSODQDFFRUGLQJO\,I\RXZLVKWRWDNHDQ\RWKHUDFWLRQVSOHDVHOHWPHNQRZ)HHOIUHHWRFRQWDFWPH LI\RXKDYHDQ\TXHVWLRQV 7KDQNV Shane 6KDQH3DFH 3ULQFLSDO3ODQQHU&RPPXQLW\'HYHORSPHQW 2IILFH IntegrityaServiceaInnovation $77(17,21$//38%/,&2)),&,$/6$³5HSO\WR$OO´RIWKLVHPDLOFRXOGOHDGWRYLRODWLRQVRIWKH7H[DV2SHQ0HHWLQJ$FW3OHDVHUHSO\RQO\WRWKHVHQGHU Request to Withdraw ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 3.17 ACRES, TRACTS 1A01H1 AND 1A01G, IN ABSTRACT 1756 OF THE A T YOUNG SURVEY, LOCATED AT 4916 AND 4928 BILL’S LANE, FROM THE AG - AGRICULTURAL ZONING DISTRICT TO THE R-20 - SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC16-002; 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; and 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 Ordinance O-16-xxxx Page 2 of 3 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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 on 3.17 acres, Tracts 1A01H1 and 1A01G, in Abstract 1756 of the A T Young Survey, located at 4916 and 4928 Bill’s Lane, from the Agricultural Zoning District to the R-20-Single Family Residential Zoning District, as depicted in the attached Exhibit “A” and 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. Ordinance O-16-xxxx Page 3 of 3 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 immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of May 2016. The second reading and public hearing being conducted on the 17th day of May 2016. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ___________ day of _______________________ 2016. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly C i t y S e c r e t a r y M a y o r APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A”- Zoning Map Exhibit “B”- Metes & Bounds Description A tract of land out of the A.T. Young Survey, Abstract No. 1756, Tarrant County, Texas, and being the same tract of land as described in deed recorded in Volume 12972, Page 191, Deed Records, Tarrant County, and being described as follows: Beginning at a 5/8” iron pin found in the West line of Bill’s Lane for the Northeast corner of tract being described, said point being Southeast corner of Lot 1, Block 1, Bill’s Acres, an addition to the City of Colleyville, Tarrant County, Texas, According to plat recorded in Volume 388‐152, Page 56, Plat Records, Tarrant County, Texas; Thence South 00 degrees 06 minutes 00 seconds West 175.49 feet along the West line of said Bill’s Lane to a 3/4” iron pin found for the Southeast corner of tract being described, said point being the Northeast corner of a tract of land as described in deed recorded in Volume 5211, Page 256, Deed Records, Tarrant County, Texas; Thence South 80 degrees 51 minutes 00 seconds West 422.00 feet along the North line of said tract of land as described in deed recorded in Volume 5211, Page 256 and tracts of land as described in deeds recorded in Volume 6116, Page 699, Volume 6410, Page 15 and Volume 11217, Page 2378, Deed Records, Tarrant County, Texas to a capped iron pin set for the Southwest corner of tract being described, said point being the Southeast corner of Lot 1, Jordon Addition, and addition to the city of Colleyville, Tarrant County, Texas, according to the plat recorded in Volume 388‐138, Page 43, Plat Records, Tarrant County, Texas; Thence North 242.60 feet along the East Line of said Lot 1, Jordon Addition to a 2” pipe found for the Northwest corner of tract being described, said point being the Southwest corner of said Lot 1, Block 1, Bill’s Acres; Thence East 416.93 feet along the South line of said Lot 1, Block 1, Bill’s Acres to the point of beginning and containing 2.00 acres of land, more or less. AND Being a tract of land out of the A.T. Young Survey, Abstract No. 1756, Tarrant County, Texas, and being a portion of a tract of land as described in deed recorded in County Clerks No. D207074101, Deed Records, Tarrant County, Texas, and also being known as Bill’s Lane and being described as follows: Beginning at a 5/8” iron pin found for the Northwest Corner of tract being described, said point being the Northwest corner of a tract of land as described in deed recorded in volume in Volume 12972, Page 191, Deed Records, Tarrant County, Texas, and for the Southeast corner of Lot 1, Block 1, Bill’s Acres, an addition to the City of Colleyville, Tarrant County, Texas, According to plat recorded in Volume 388‐152, Page 56, Plat Records, Tarrant County, Texas; Thence East 59.9 feet to a capped iron pin set in the west line of Block 1, Rockrimmon, an addition to the City of Colleyville, Tarrant County, Texas, according to plat recorded in Cabinet A, Slide 10175, Plat Records, Tarrant County, Texas; Thence South 00 degrees 06 minutes 00 seconds West 548.00 feet along the West line of said Block 1 , Rockrimmon to a capped iron pin set in the North line of Glade Road for the Southeast corner of tract being described; Thence South 80 degrees 06 minutes 00 seconds West 60.00 feet along the North line of said Glade Road to a capped iron pin set in the East line of a tract of land as described in deed recorded in Volume 5211, Page 256, Deed Records, Tarrant County, Texas, for the Southwest corner of tract being described; Thence North 00 degrees 06 minutes 00 seconds East 558.32 feet along the east line of said tracts of land as described in deeds recorded in Volume 5211, Page 256 and Volume 12972, Page 191 to the point o City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 05/09/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a replat (Proposed Lots 1R1 & 17, Block 3, of the Highland Acres Addition), of Lot 1R, Block 3, of the Highland Acres Addition, and Tracts 1B &1B2, Abstract 206, of the B.B.B. & C.RR Survey, located at 5108 Bransford Road, 409 Timberline Drive South, and 411 Timberline Drive South, Case PC16-004 Explanation David Lynn Stroman, Angela Stroman, and Michelle Bahjat, the applicants, request approval of a replat of Lot 1R, Block 3, of the Highland Acres Addition and an unplatted parcel to create Lot 1R1 and Lot 17, Block 3 of the Highland Acres Addition. The subject property is approximately 2.77 acres, and located at 5108 Bransford Road, 409 Timberline Drive South, and 411 Timberline Drive South. The request is to, simply stated, “clean up” the property lines, between two properties, with one single family home on each, to reflect current ownership, and to plat one unplatted lot. Existing Conditions/Background: The subject property is zoned both R-40 - Single Family Residential District and R-20 - Single Family Residential District. The subject property is generally located on the west side of Bransford Road and on the south side of Timberline Drive South. One of the two lots included on the plat is platted (Lot 1R Block 3, of the Highland Acres Addition) and one is unplatted (proposed Lot 17, Block 3). One single family residence with accessory structures exists on each of the two lots/tracts. The applicants have indicated intent to demolish all structures on proposed Lot 17, Block 3 and to build a new single family home. The subject property has three addresses due to one small portion in the rear of both lots being sold by metes and bounds from a previous owner of Lot 1R, Block 3 to a previous owner of proposed Lot 17, Block 3. The proposed plat will formally move the small “metes and bounds” portion from Lot 1R to proposed Lot 17 and will result in a platted lot on proposed Lot 17. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 R-20 Single Family Residential (Highland Acres Single Family Residential Subdivision) CN Neighborhood Commercial and R-20 Single Family Residential (Church of Jesus Christ of the Latter-day Saints) R-30 Single Family Residential (Highland Acres Single Family Residential Subdivision) R-40 Single Family Residential (Single Family Homes) Subject Property R-40 Single Family Residential and R-20 Single Family Residential (Single Family Homes) AG - Agricultural District (City of Colleyville – City Park) R-40 Single Family Residential (Single Family Homes) R-20 Single Family Residential (Single Family Homes) R-MF Multi-Family Residential (Shadowood Trail Condominiums) Lot Dimensions and Setbacks: The subject property is zoned both R-40 – Single Family Residential District and R-20 Single Family Residential District. In cases such as this where a property contains two zoning designations, the property generally follows whichever zoning district is under that particular portion of the property for the particular regulation (if front yard setback is in question, it is the front yard setback of whichever zoning district covers the front yard). If there is a conflict between a certain provision for the districts, the more restrictive district regulations prevail, in this case R-40. Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-40 zoning regulations require the following standards: Minimum Lot Area: 40,000 square feet Minimum Lot Width: 150 feet Minimum Lot Depth: 150 feet Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 15 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 20 percent The R-20 zoning regulations require the following standards: Minimum Lot Area: 20,000 square feet Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 3 Minimum Lot Width: 100 feet Minimum Lot Depth: 125 feet Minimum Front Yard Setback: 30 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 30 percent As submitted, the proposed plat meets all of the requirements of the Land Development Code for both zoning districts. Fees: Park Land Dedication Fees are required prior to filing the plat for record, in the amount of $1,802 for each newly created residential lot. Impact Fees are also required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit. Tree Preservation:The proposed subdivision must comply with Chapter 5 (Tree Preservation) of the Land Development Code. A Tree Removal Permit and associated Tree Preservation Plan must be approved prior to the removal of any tree, prior to site grading or dirt disturbance, or prior to new construction on the subject property. In addition to the requirements for approval of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the required percentage of existing protected tree canopy coverage as specified in Chapter 5, unless or until the Planning and Zoning Commission formally grants a waiver to the required preservation. Sidewalks: A minimum five-foot wide sidewalk is required along Bransford Road with the construction of any residential structure. Drainage and Stormwater Runoff: As required by the Land Development Code, preliminary drainage plans have been submitted with the proposed plat. Water and sanitary sewer services are available to the property. The developer is responsible for the extension of any water and/or sewer service lines to the lots as part of the development process, if applicable. Public Notification: Staff mailed notices to all property owners within 200 feet of the subject property. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff has received no correspondence to date. Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 4 Staff Recommendation: The proposed replat meets the requirements of the Land Development Code, and staff recommends approval. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Future Land Use Map 4.Notification Map 5.Notification List 6.Plat Exhibit LL OY D B R A N S F O R D TIM BERLINE COTTAGE OAK AG R-40 R-MF R-20 R-30 R-20 CN 5109 5201 5519320 405 5108 409 408 400 404 5112 417 413 5519 5100 5104 404 5519 5016401 411 317 2002 21022016 21011701 2103 2018 21002000 1703 210820082010 20122006 2014 2104 2106 2004 1804 1801 1802 316 1806 1808 1800 2116 2110 2114 2112 1816 ZONING MAP CASE PC16-0045108 BRANSFORD ROAD, 409 TIMBERLINE DRIVE S., 411 TIMBERLINE DRIVE S. Subject Property I 1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. LL OY D B R A N S F O R D TIM BERLINE COTTAGE OAK 5109 5201 5519320 405 5108 409 408 400 404 5112 417413 5519 5100 5104 404 5519 5016401 411 317 2002 21022016 21011701 2103 2018 21002000 1703 210820082010 20122006 2014 2104 2106 2004 1804 1801 1802 316 1806 1808 1800 2116 2110 2114 2112 1816 AERIAL MAP CASE PC16-0045108 BRANSFORD ROAD, 409 TIMBERLINE DRIVE S., 411 TIMBERLINE DRIVE S. Subject Property I 1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. LL OY D B R A N S F O R D TIM BERLINE COTTAGE OAK 5109 5201 5519320 405 5108 409 408 400 404 5112 417413 5519 5100 5104 404 5519 5016401 411 317 2002 21022016 21011701 2103 2018 21002000 1703 210820082010 20122006 2014 2104 2106 2004 1804 1801 1802 316 1806 1808 1800 2116 2110 2114 2112 1816 FUTURE LAND USE MAP CASE PC16-0045108 BRANSFORD ROAD, 409 TIMBERLINE DRIVE S., 411 TIMBERLINE DRIVE S. Subject Property RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ OPEN SPACE WATER BODIES / CREEKS COLLEYVILLE BLVD CORRIDORI1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. B R A N S F O R D LL O Y D TIM BERLINE COTTAGE OAK S H A D O W O O D I N D I A N T R A I L 5201 5201 5109 408 5519312 405401 320 5016 5519 5108 5519 409 401 316 317 400 407405401 404 313 312 313 5314 400 404 5112 417413 309 309 5100 5104 5102 1880 2201 411 2203 2200 5004 5000 5002 2201 4912 5105 5005 5101 5103 5001 4915 5003 2200 4913 18031801 18331831 2116200221022016 2118 21011701210321052107 201821002000 2110 21142112 1703 2008 21082010201220142006210421062004 1814 1802 1812 1806 1810 1808 18001804 18201824 1816 1822 1818 18111807 1805 18251829 1809 182318211819 1813 191119051826 NOTIFICATION MAP CASE PC16-0045108 BRANSFORD ROAD, 409 TIMBERLINE DRIVE S., 411 TIMBERLINE DRIVE S. Subject Property 200 ft Buffer Properties within 200 ft. I 1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. Owner Name Owner Address Owner City, State Owner Zip Situs Address BUBERL, CHARLES H 3535 ASBURY ST DALLAS, TX 75205 2008 COTTAGE OAK LN RISHEL, ROBERT J 5100 BRANSFORD RD COLLEYVILLE, TX 76034 5100 BRANSFORD RD APPEL, GREG 404 LLOYD CIR COLLEYVILLE, TX 76034 404 LLOYD CIR HILLIARD, ETHEL 5112 BRANSFORD RD COLLEYVILLE, TX 76034 5112 BRANSFORD RD ORTH, MATTHEW D 413 TIMBERLINE DR S COLLEYVILLE, TX 76034 413 TIMBERLINE DR S NGUYEN, THO QUOC 3912 HILLWOOD WAY BEDFORD, TX 76021 405 TIMBERLINE DR S SALCEDO, JESUS G 5108 BRANSFORD RD COLLEYVILLE, TX 76034 411 TIMBERLINE DR S SIKES, CRAIG D 417 TIMBERLINE DR S COLLEYVILLE, TX 76034 417 TIMBERLINE DR S ZORBA CAPITAL GROUP INC 1101 TUSCANY TERR KELLER, TX 76262 409 TIMBERLINE DR S TOTTEN, RONNIE L 320 LLOYD CIR COLLEYVILLE, TX 76034 320 LLOYD CIR HIRDLER, JOHN T 316 LLOYD CIR COLLEYVILLE, TX 76034 316 LLOYD CIR TINKIS, JERRY W 401 TIMBERLINE DR S COLLEYVILLE, TX 76034 401 TIMBERLINE DR S SMITH, MONA J 1308 CHATSWORTH CT E COLLEYVILLE, TX 76034 2006 COTTAGE OAK LN FRENCH, TROY 404 TIMBERLINE DR S COLLEYVILLE, TX 76034 404 TIMBERLINE DR S CHURCH OF JESUS CHRIST OF LDS 50 E NORTH TEMPLE RM 22 SALT LAKE CITY, UT 84150 408 TIMBERLINE DR S MCCURDY, JOHN ANTHONY 400 LLOYD CIR COLLEYVILLE, TX 76034 400 LLOYD CIR KORSUNSKY, MARIA 2004 COTTAGE OAK LN COLLEYVILLE, TX 76034 2004 COTTAGE OAK LN STROMAN, DAVIDLYNN AND ANGELA 5108 BRANSFORD RD COLLEYVILLE, TX 76034 5108 BRANSFORD RD DIOMEDE, PATRICK 2002 COTTAGE OAK LN COLLEYVILLE, TX 76034 2002 COTTAGE OAK LN GOODLIN, DAVID P 400 TIMBERLINE DR S COLLEYVILLE, TX 76034 400 TIMBERLINE DR S HIGGINS, TRACY MARIE 3020 PECAN CIR BEDFORD, TX 76021 2000 COTTAGE OAK LN SAWYER, BRENT E 5104 BRANSFORD RD COLLEYVILLE, TX 76034 5104 BRANSFORD RD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 5109 BRANSFORD RD GRAPEVINE-COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE 76051 STATE LAW REQUIRED SHADOWOOD TRAIL HOA 4113 GATEWAY DRIVE #100 COLLEYVILLE 76034 COURTESY NOTICE STROMAN, DAVIDLYNN AND ANGELA 5108 BRANSFORD RD COLLEYVILLE 76034 APPLICANT Public hearing notices were mailed Friday,April 22, 2016 by Shane Pace Date SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to sqeak, but please record my: ❑support ❑opposition Agenda Item Number: �1�n� Name: �� (� �' ��Q L' ' � � - '7�7[/�7�T�ti1"' k�/EI�t/�►J�� '� � �� ♦ 1 1 , , . . - � . , -. . ,- .. -. . _.� 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the ZBA or SBA will not respond in cordance with the Tex��Bpen Me�a,�, Chapter 551 of the Texas Loca/ Government Code. Signed is a Public Record. c O y 5. E E U 1C N N c7 a t �E Y OLO r C N m0 0 r N Ccu ca L CL O _ C 3 a° r ca 0 .-I m c 0 r CL d a F CI ro 42 c 0 N M (0 ED O i I I R