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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-12/11/2006 City of Colleyville Meeting Agenda Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WNW.colleyville.com Monday, December 11, 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, Scott Redfearn. Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Byerly 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES November 27, 2006 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat of Lots 1 and 2. Block 1 of the Renfro Estates Addition on 2 acres located at 2000 Renfro Drive, Case P-06-012 7b Approval of a Minor Plat of Lot 1, Block A of the Diaz Addition on 1.0 acre, located at 4800 Bransford Road, Case P-06-062 City of Colleyvllle Page 1 Printed on 12/712006 Planning and Zoning Commission Meeting Agenda December 11, 2006 7c Approval of a Minor Plat of Lot 1, Block 1 of the Symphony Estates Addition on 0.2 acres, located at 2305 Glade Road, Case P-06-063 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a Request for a Zoning Change from CN-Neighborhood Commercial to CC1-Village Retail on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-06-031 8b Approval of a Request for a Special Use Permit for a coffee house on Lot 1, Block 1 of the Highland Meadows Christian Church Addition located at 2600 Hall Johnson Road, Case Z-06-032 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. I hereby c ify the a ve agenda was posted on the bulletin boards at City Hall on December 7,2006. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 12/712006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Minutes · Draft Monday, November 27, 2006 7:00 PM City Council Chambers Planninq and Zoninq Commission . n.".-.. City of Colleyville Minutes - Draft Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WNW.colleyville.com Monday, November 27,2006 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on November 27, 2006, at 7:10 p.m. 2. ROLL CALL Present: Commissioners Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps and Jeff Byerly Absent: Comissioners Robert McCormick and Denis Duffy Staff present: Barry LeBaron, Chris Fuller, Rob McKeown, Chad Bartee, Oal Anderson and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Redfearn. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES November 13, 2006 City of Colleyville Page 1 Printed on 12/512008 Planning and Zoning Commission Minutes. Draft November 27, 2006 Commissioner Dudziak moved to approve the meeting minutes as written. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 5 - Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 2 - McCormick, Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Case P-06-050 - Minor plat for Lots 1 and 2, Block 1 of the McKinney Addition on 5.1 acres located at 6405 Pleasant Run Road Barry LeBaron presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-06-050. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 5 - Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 2 - McCormick, Duffy 7b Approval of a Preliminary plat of Lots 1-18, Block 1 and Lots 1-9, Block 2 of the Copperglen Luxury Courtyard Villas on 5.6 acres, located at 3798 to 3804 Glade Road, Case P-06-059 Commissioner Byerly recused himself from this agenda item and Commissioner Dudziak took over the Chair. Barry LeBaron presented the case and briefed the Commissioners. David Hannah, the applicant, came forward to answer questions. Commissioner Dudziak questioned Mr. Hannah regarding the open space areas, the open space lots do not match what is indicated on the plat? Mr. Hannah used the drawings provided to explain to Commissioner Dudziak where the open space areas are located and what purpose those areas serve. Commissioner Dudziak questioned Mr. Hannah if the front open space area is used for decorative purposes only? Mr. Hannah replied the open space provides a green belt from the homes across Glade and from the villas and Glade Road. City of Colleyvllle Page 2 Printed on 121!I12oo6 Planning and Zoning Commission Minutes - Draft November 27,2006 Commissioner Taylor questioned Mr. Hannah regarding what type of fencing will be used between the road and the villas? Mr. Hannah replied brick walls with wrought iron around the pond. Past the main entrance will mainly be a brick wall with some wrought iron to create an open affect but still maintain privacy. Commissioner Taylor questioned Mr. Hannah regarding if the detention ponds with fountains will continue to fill themselves in the event of a severe drought? Mr. Hannah replied installing water wells is intended. Commissioner Phelps questioned staff regarding if the open space table on the plat will need to be reconciled? Barry LeBaron replied those issues will be taken care of before presenting the final plat. Commissioner Taylor moved to approve case P-06-059 with the corrections on the open space table to reflect the actual open space lot numbers. Commissioner Phelps seconded. Commissioner Dudziak stated real open space is available for use by the residents for active use, not just decorative or buffer areas. The PUD has open spaces in place for usable spaces for those residents. The motion carried by the following vote: Aye: 5 - Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 2 - McCormick, Duffy 7c Case P-06-061 - Minor plat for Lot 2, Block 1 of the Ford Addition on 0.9 acres located at 2404 Glade Road At this time, Commissioner Byerly resumed to Chair the meeting. Barry LeBaron presented the case and briefed the Commissioners. Commissioner Taylor stated she would like to see if both lots could be used for one estate lot. Commissioner Byerly stated that would create a two acre estate lot and an estate lot is usually one acre, which this is. These lots are just long and narrow. The only other option would be a subdivision with four lots, which would not look good for this area. Commissioner Byerly moved to approve case P-06-061. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 4 - Dudziak, Redfearn, Phelps, Byerly Nay: 1 - Taylor Absent: 2 - McCormick, Duffy City of Colleyvllle Page 3 Printed on 12/512006 Planning and Zoning Commission Minutes - Draft November 27, 2006 8. PUBLIC HEARING AGENDA ITEMS Sa Approval of a request by Covenant Christian Academy to amend the zoning and development requirements of the Planned Unit Development for the Colleyville Presbyterian Addition, located at 901 Cheek Sparger Road, Case Z-06-028 Barry LeBaron presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if the changes being requested would be handled in mass or handled individually? Barry LeBaron replied the draft ordinance provides for approving the ordinance as in the packet or by making changes with the language provided. Commissioner Phelps questioned staff if the applicant is in agreement with the proposed changes? Barry LeBaron replied yes. Commissioner Byerly opened the public hearing at 7:40 p.m. Arthur Pengelly, Trustee for Covenant Christian Academy, came forth to present the case and brief the Commissioners. Elaine Wagner, 3716 Wayne Drive, spoke in opposition to the request. She stated someone lives in the pool house, which they are not suppose to do so. Greg Winslow, 3916 Wayne Drive, spoke in opposition to the request. He stated having issues with the lighting, flooding and traffic. Kristin Williams, 708 Saddlebrook Drive, spoke in favor of the request. Keith Castello, Headmaster, came forward to brief the Commissioners. Allan Werst, 3808 Wayne Drive, spoke in opposition to the request and stated having issues with flooding. Commissioner Taylor questioned Mr. Pengelly regarding if the homes that have been purchased on Wayne Drive are being occupied by football coaches? Mr. Pengelly replied yes, by staff, some are football coaches. Commissioner Dudziak questioned Mr. Pengelly regarding if there are any plans, a field house, a two story school, but have seen no drawings? Mr. Pengelly stated because there is a PUD in place, the Phase II concept stands alone, but with a note change to be able to build a two story building instead of the one story building that has already been approved. Commissioner Dudziak questioned Mr. Pengelly why the southern build line needs to be removed, is it to be able to build a field City of Colleyvllle Page 4 Printed on 12/512006 Planning and Zoning Commission Minutes - Draft November 27, 2006 house? Mr. Pengelly replied the southern building line limits us from building on the southern property in the future. Commissioner Dudziak questioned Mr. Pengelly regarding if the two story building where to be approved, would it be alright to not move that southern building line? Mr. Pengelly replied, I guess, at some point in the future we could come back and talk about that again, it is really not an all or nothing deal. Judi Sherrill, 6804 Kennedy Drive, spoke in favor of the request. Tom Ragsdale, 5005 Rose Street, spoke in favor of the request. Greg Scoggins, 4028 Wellington Lane, spoke in favor of the request. There being no one wishing to speak, the public hearing was closed at 8:28 p.m. Commissioner Dudziak questioned staff regarding if there have been any formal complaints made by any of the residents regarding drainage, is there anything on record that says the city has had to go out and investigate? Barry LeBaron replied yes, recommendations have been made and Covenant Christian Academy has made those improvements as requested by the Engineering department. Commissioner Duffy questioned staff regarding if there is a time limit that the storage containers can be on a lot? Barry LeBaron replied there not specific regulations, there has not been a concern. Most of the time, the containers are a temporary situation. There have been complaints on there containers, therefore staff has provided a provision in the ordinance. Commissioner Dudziak questioned staff if a time limit or restriction of the containers can be placed in the ordinance? Barry LeBaron replied yes, the Commission may consider and discuss it with the applicant. Commissioner Dudziak questioned if the other property owners along Cheek Sparger Road have been required to escrow the money for the trail? Barry LeBaron replied there have been some developments to the west that have escrow the money for the trail. This section of the trail is new. Commissioner Taylor questioned Mr. Pengelly regarding what properties on Wayne Drive does the school own? Mr. Pengelly replied 909 Cheek Sparger Road, 3815 Wayne Drive and 3805 Wayne Drive. 3809 Wayne Drive is currently under contract. Commissioner Byerly questioned Mr. Pengelly if the three storage containers that are on the property are sufficient? Mr. Pengelly replied yes. City of Colleyvllle Page 5 Printed on 12/512006 Planning and Zoning Commission Minutes - Draft November 27, 2006 Commissioner Dudziak questioned Mr. Pengelly if there would be an acceptable time limit the school could use regarding the storage containers? Mr. Pengelly replied liking Barry LeBaron's language, storage containers my be utilized and located on the he school property until the Phase II building is constructed. He stated that building should be constructed within the next two years. Mr. Pengelly suggested that once those containers were gone, no such containers would be allowed on the property. Commissioner Taylor questioned staff regarding if there could be a time limit as to when the containers are to be gone once the building is completed, say 30 days? Mr. Pengelly stated it could be tied to the certificate of occupancy. Commissioner Phelps questioned Mr. Pengelly regarding what are the storage containers being used for? Mr. Pengelly replied to store desks, athletic equipment, stage sets, things that could not be left out in the rain. Commissioner Phelps questioned Mr. Pengelly if those items being stored are directly related to the construction of the Phase II building? Mr. Pengelly replied those items could be stored in the new building. Commissioner Phelps questioned Mr. Pengelly regarding what are the anticipated start dates or completion dates? Mr. Pengelly replied beginning in the Summer of 2007. Commissioner Byerly questioned Mr. Pengelly regarding what is the history of the art building? Mr. Pengelly replied the building started out being used for the storage of the art supplies and then started being used as a place for individual art instruction. Commissioner Byerly questioned Mr. Pengelly regarding when was the art building constructed? Mr. Pengelly replied not knowing. Commissioner Taylor stated to Mr. Pengelly that large planting structures would help to buffer those neighbors who are complaining about the lights and noise. Mr. Pengelly replied the PUD required the constructing of a fence, which is very tall. Commissioner Taylor replied the fence would not block the lights. Commissioner Taylor questioned Mr. Pengelly regarding if the new building could be constructed with no windows on the east side of the building? Mr. Pengelly replied it could be done, but we are not interested in doing that, the size of the windows could be limited. Commissioner Taylor questioned Mr. Pengelly if he realized why the neighbors are complaining, there were things promised in the past that have not or did not happen? Mr. Pengelly replied he understood. City of Colleyvllle Page 6 Printed on 12/512006 Planning and Zoning Commission Minutes - Draft November 27, 2006 Commissioner Redfearn questioned Mr. Pengelly regarding the placement of the new Phase II building, on the original submission, there is a building, which is not there, that seems to occupy the width of the property lines. It was mentioned that the building may be placed on the west side? Mr. Pengelly replied that being the advantage of using a two story building, we could go closer to the west. It is to the school's advantage to keep the buffer to the east, the play area. Mr. Pengelly stated there would be an entrance to the east and to the north. Commissioner Redfearn questioned what is the thinking of the school's board regarding the purchasing of those residents, how is it that the properties can be acquired, but the path can not be installed along Cheek Sparger Road? Mr. Pengelly replied one of the lots was acquired by a family and gifted to the school. One of the lots was acquired for the purpose of improving the drainage. Lot 3, below Lot 2, was owned by the school at the time of the PUD and then sold to Colleyville Presbyterian Church for a parsonage. The home was not used by the church and the school requested to buy the property back, hence being under contract. The final property was something that just became available and would be to our advantage to own since the school backs up to this property. Commissioner Phelps questioned Mr. Pengelly if those residences are managed under the umbrella as church uses or are they still single family, taxed properties? Mr. Pengelly replied they are owned by Covenant Christian Academy and were closed from the taxes and paid as part of escrow, to continue would be up to Tarrant County Appraisal district. Currently, the homes are rented to staff. Commissioner Byerly questioned Mr. Pengelly if the Phase II building would be included in the southern building line, or is that why the building line needs to be moved? Mr. Pengelly replied it would be to our benefit to move the southern building line slightly to the south to be able to build it, however, it is not totally necessary. It would be to the school's advantage to be able to put a playground on the north side of it between the existing building and the proposed building. Commissioner Byerly questioned Mr. Pengelly if there are any plans for that building to know where to put that southern building line? Mr. Pengelly replied he may have a scketch and used his drawings of the original on the overhead to show the Commissioners the placement of the new building. Commissioner Redfearn questioned Mr. Pengelly regarding how was the southern build line determined? Mr. Pengelly replied not knowing, it may have had something to do with the home on Lot 2, adjacent to the property. Commissioner Redfearn questioned staff regarding if the Commission City of COlleyville Page 7 Printed on 12/512006 Planning and Zoning Commission Minutes - Draft November 27, 2006 were to move the southern build line, how would that move be indicated? Barry LeBaron replied once the Commission has made a determination as to where the line would be moved, staff would calculate the measurements and incorporate it into the ordinance. Mr. Pengelly suggested making the southern building line equal distance with the property line between Lot 2 and Lot 3. This would accommodate the building shown on the left and it would give a fairly easy point at which to determine from where it is located an existing survey boundary. Commissioner Redfearn questioned Mr. Pengelly regarding why not squeeze the playground? Mr. Pengelly replied the playground could be squeezed, however this drawing is new, so he stated not being familiar with it or what the idea was behind it. Commissioner Redfearn questioned if the school would have to come back once the drawings are in place? Barry LeBaron replied no, not unless there would be an additional approval. He stated the southern building line is shown on the drawing and noted in the ordinance and is also shown on the plat, therefore the plat would need to be amended to move or delete that line. Commissioner Byerly questioned staff if the building line were to be moved, could the school build any other building other than the Phase II? Barry LeBaron replied no, not unless the Commission changes the language, the language of Note 10 states no permanent structure. Commissioner Byerly stated correct, to the south, however, could the school build two buildings to the north of the southern building line? Attorney Boyle replied no, Note 14 states the size, number, and placement of buildings placed on the property may not exceed what is shown on this site plan. The proposed revision to Note 10 would only move the southern building line and would not revise the condition in Note 14. Commissioner Byerly questioned Fire Marshal Rob McKeown regarding the fire department does not like a two story building? Fire Marshal McKeown stated the fire department could not tell them they can not build a two story structure, all we can look at is whether or not they meet the fire code. Commissioenr Dudziak questioned Fire Marshal McKeown regarding if he sees any emergency access issues with the plat? Fire Marshal McKeown replied there would have to be a 24 foot emergency access and if the fire land exceeded 150 feet. they would be required to install a city approved turn around. Commissioner Dudziak questioned staff regarding if that 24 foot fire lane exists? Barry LeBaron replied not City of Colleyville Page 8 Printed on 12/512006 Planning and Zoning Commission Minutes - Draft November 27, 2006 knowing, it is not indicated on this site plan. Commissioner Dudziak stated wishing some measurements were noted so that sufficient emergency access could be gained for the proposed building. Attorney Boyle questioned staff regarding is not that an issue for during the time of building permitting? Barry LeBaron replied yes. Commissioner Dudziak stated this being an issue in determining if that southern build line is to be moved to allow sufficient emergency access. Commissioner Byerly moved to approve case Z-06-028 with the following conditions: (1) Note 10 be changed to move the southern building line to align parallel with the property line between Lots 2 and 3 of the Southgate Addition; (2) The proposed two-story building square footage should be equal to or less than the approved 33,899 square feet; (3) The following notation is included in the ordinance, "With the construction of any additional structures, Covenant Christian Academy will submit a drainage study to the City Engineer; (4) Three storage containers may be utilized only 30 days after a certificate of occupancy is issued for the two-story building; (5) The existing art building may remain on the property only until after 30 days the two-story building is issued a certificate of occupancy; (6) The applicant shall construct or escrow the funds for the 10-foot hike and bike trail with the construction of new facilities on the property. Attorney Boyle stated the site plan condition for the one story building would be revised to reflect the two-story building. Commissioner Byerly concurred. Commissioner Redfearn seconded. Commissioner Dudziak stated limiting the future use of any temporary facilities in the PUD, no more portable units for storage. Attorney Boyle suggested looking at that from two different perspectives, one is based on the temporary storage containers and the other, to be given consideration, is the temporary buildings on the northwest portion of the overall lot, which are to expire in the Summer of 2007. However, relative to storage buildings only, it could be stated upon the removal of those such, there shall be no additional storage containers placed on the property. Commissioner Byerly questioned staff regarding what does the ordinance say about additional portable classrooms? Attorney Boyle referred to Note 14 which states "The size, number, and placement of buildings placed on the property may not exceed what is shown on this site plan". Commissioner Dudziak stated it being relative to storage containers not temporary classroom buildings. Commissioner Phelps stated the extension of the build line and the retention of the language that states only one structure can be built would not work together because no other building could be built regardless if the build line is moved. The athletic building that the school is looking to build south of the building line would not be permitted with City of Colleyvil/e Page 9 Printed on 12/512006 Planning and Zoning Commission Minutes - Draft November 27,2006 the current language in place. It is not being included on the site plan. Therefore, to accomplish what is being proposed, the language would have to be adjusted. With that being said, he stated not being in favor of that. He stated after looking at everything at hand, seeing if the school is a good neighbor, introduced into a residential neighborhood. and being accommodated. He stated the art house, or pool house, which ever, was not on the original plan and the use is in question. There is still contention between the lighting on the fields. Also, from the applicant's initial application, the intention to waive the 10-foot hike and bike trail, which is a community use accommodation, which would allow safe access across the front of the property. He stated the school is not accommodating to what is needed. This property being as deep as it penetrates into a residential neighborhood, the school needs to uphold the original agreement. He stated being in favor of much of the content, but not seeing the need to extend the southern build line if a second structure will not be accommodated. Commissioner Byerly stated it being clear that the school needs the Phase II building, but he stated concurring with Commissioenr Phelps' statement regarding the school being a good neighbor. All of the speakers in favor of the request are somehow related to the school and all of the speakers in opposition of the request are the neighbors. However, Commissioner Byerly stated being in favor of moving the southern build line to accommodate the Phase II building. Commissioner Redfearn stated understanding where the art building is actually on the site plan, it being north of the property. Nevertheless, this building will disappear once the Phase II building is completed. However, there does seem to be room to work with the neighbors. Commissioner Dudziak stated if the two-story structure is allowed, there does not seem to be a need to move the southern build line. It seems the architect left room for more parking and more playground by keeping the original plan which the residents agreed to in 1999. Commissioner Taylor stated if the school were to come back in two years, once all of the properties adjacent to the school on Wayne Drive are purchased, how will the school accommodate all of the property owners on the east side of Wayne Drive? There needs to be major shrubbery and tree work established. Commissioner Phelps stated if the school is allowed the two-story structure, which he stated being most against, the neighbors to the west are not going to appreciate a two-story structure in their backyards either, again, not being neighborly. Commissioner Redfearn stated a two-story structure allows for as much City of Colleyvllle Page 10 Printed on 121512006 Planning and Zoning Commission Minutes - Draft November 27, 2006 green space around the buildings. A one-story structure will be built to the maximum that the school can build have for future growth, therefore taking up more green space. Commissioner Byerly concurred with Commissioenr Redfearn regarding the two-story building and the movement to the east giving more room to maneuver around and the playground would be between the two buildings to help with the noise. Commissioner Redfearn stated being ok with moving the southern building line. He stated being ok for keeping the building line in place if it made anybody feel better. Commissioner Byerly stated having concerns with having to move the building line in the future, but if moving it now will accommodate that, he stated being willing to move it now. Commissioner Dudziak stated if there is an intent of the school coming back, why should the Commissioners approve anything at all? Commissioner Byerly replied not knowing that the school will be coming back, the school wants the building line removed completely to build field houses and so forth, and the Commission is not willing to do that. However, moving this line, will allow the school for the expansion that they need to get rid of all of the portable buildings on Cheek Sparger that no one likes. Commissioner Dudziak stated, according to the plan, the moving of the southern building line is to accommodate the playground area. Commissioner Byerly stated that not being a bad thing. Commissioner Dudziak stated not seeing the need to move the line. The portable buildings are going to be gone. He stated wanting to respect the neighbors by keeping the 1999 plans. Commissioner Phelps stated being in favor of the moving of the build line and retain it as a one-story building with the same square footage and do some creative building to create a gap for the playground. The motion failed by the following vote: Aye: 2 - Redfearn, Byerly Nay: 3 - Dudziak, Taylor, Phelps Absent: 2 - McCormick, Duffy Commissioner Taylor moved to approve case Z-06-028 with the following conditions: (1) Note 10 be changed to move the southern building line to align parallel with the property line between Lots 2 and 3 of the City of Colleyvi/le Page 11 Printed on 12/512006 Planning and Zoning Commission Minutes - Draft November 27,2006 Southgate Addition; (2) The proposed building be a one-story building with the square footage should be equal to or less than the approved 33,899 square feet; (3) The following notation is included in the ordinance, "With the construction of any additional structures, Covenant Christian Academy will submit a drainage study to the City Engineer; (4) Three storage containers may be utilized only 30 days after a certificate of occupancy is issued for the two-story building; (5) The existing art building may remain on the property only until after 30 days the two-story building is issued a certificate of occupancy; (6) The applicant shall construct or escrow the funds for the 10-foot hike and bike trail with the construction of new facilities on the property. Commissioner Phelps seconded. Commissioner Phelps questioned staff that since the trees that were originally planned, are not shown, can the school be forced to plant? Barry LeBaron replied yes, at the time of permitting, staff will make sure those are included. The motion carried by the following vote: Aye: 4 - Dudziak, Taylor, Phelps, Byerly Nay: 1 - Redfearn Absent: 2 - McCormick, Duffy The Commissioners recessed for a 10 minute break at 9:30 p.m. and reconvened at 9:40 p.m. 8b Approval of a Request for a Special Use Permit for a child care center on Lot 7, Block 1 of the Town Center of Colleyville Addition located at 5645 Colleyville Boulevard, Suite 100, Case Z-06-029 Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 9:44 p.m. Greg Hill, the applicant, came forward to present the case and brief the Commissioners. Commissioner Taylor questioned Mr. Hill regarding the $40 annual registration fee, for the people who are coming in from out of state, is that fee going to be waived? Mr. Hill replied yes, they would be charged an hourly rate of $10 per hour instead of the $8 fee. They can use the membership of a family member. Commissioner Taylor questioned Mr. Hill if he has any other facilities open? Mr. Hill replied no. He stated there are three facilities of this magnitude in the Dallas/Fort Worth area. Commissioner Phelps questioned Mr. Hill if he will have to comply with existing child care regulations or licensing? Mr. Hill replied yes, under the alternative care, same as any other day care facility. City of Colleyvllle Page 12 Printed on 12/512006 Planning and Zoning Commission Minutes - Draft November 27,2006 Commissioner Byerly questioned Mr. Hill if he will be charging a sales tax? Mr. Hill replied yes. Commissioner Dudziak questioned Mr. Hill regarding what is the average age? Mr. Hill replied 5 to 8 year olds. Commissioner Dudziak questioned Mr. Hill regarding if there will be a full time first aid person on hand? Mr. Hill replied no, all staff will be CPR trained and first aid certified and Texas background checked. There being no one wishing to speak, the public hearing was closed at 9:50 p.m. Commissioner Phelps moved to approve case Z-06-029. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 5 - Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 2 - McCormick, Duffy 8c Approval of a Request for a Special Use Permit for a cell tower on Lot 1, Block 1 of the Pleasant Glade Assembly of God Addition located at 2512 Glade Road, Case Z-06-030 Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 9:55 p.m. Dave Green, the applicant, came forward to present the case and brief the Commissioners. Commissioner Taylor questioned Mr. Green regarding what purpose does it serve to raise the tower 10 feet? Mr. Green replied for better efficiency and service and 10 foot is the general figure for height. This one site will address the need. Attorney Boyle questioned Mr. Green regarding how many carriers are on this tower? Mr. Green replied MetroPCS will be the third carrier. Commissioner Phelps questioned Mr. Green if lower antennas will be raised to higher heights? Mr. Green replied no. Commissioner Dudziak questioned Mr. Green if there is any concern for lighting for air traffic for the 88 feet? Mr. Green replied the FFA does have control over that, but the city usually tells us if it is needed. Commissioner Dudziak questioned staff if lighting is necessary? Barry LeBaron replied not to his knowledge, it would be something to look into City of Colleyville Page 13 Printed on 12/512006 Planning and Zoning Commission Minutes - Draft November 27, 2006 at the time of permitting. Commissioner Phelps questioned Mr. Green if this tower has been built in 10 foot increments? Mr. Green replied yes. Commissioner Phelps questioned staff regarding if the applicant would have to come back in and reapply for another 10 foot section? Barry LeBaron replied yes, an amendment would have to be made to the Special Use Permit. Commissioner Taylor questioned staff regarding how many cell towers does Colleyville have? Barry LeBaron replied about four. Commissioner Taylor questioned Mr. Green regarding how many miles does one tower cover? Mr. Green replied it varies, according to the company's equipment. MetroPCS covers about a mile. There being no one wishing to speak, the public hearing was closed at 10:01 p.m. Commissioner Dudziak moved to approve case Z-06-030. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 5 - Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 2 - McCormick, Duffy 8d Approval of an Amendment to Chapter 3 of the Land Development Code to Amend Section 3.24, Table of Permitted Uses and Section 3.29, Parking Requirements, Case G-06-026 Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 10: 1 0 p.m. There being no one wishing to speak, the public hearing was closed at 10:10 p.m. Commissioner Byerly questioned Attorney Boyle regarding what type of restrictions can be placed on religious institutions and school use as far as making those acquire a Special Use Permit in certain zoning districts? Attorney Boyle replied wishing to respond to that at a future pre agenda meeting, in which case will also be done in Executive Session. Commissioner Byerly questioned Attorney Boyle if this agenda item should be tabled for further discussion with counsel? Attorney Boyle replied you may do so, or the Commission could go into Executive Session now to consult with Attorney pursuit to Section 551.071 of the Texas Government Code for legal advice. Commissioner Byerly chose to do so now. City of Colleyville Page 14 Printed on 12/512006 Planning and Zoning Commission Minutes. Draft November 27, 2006 Attorney Boyle explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 10:07 p.m. and reconvened at 10:19 p.m. Commissioner Redfearn complimented staff regarding their efforts put forth in the Land Use Table. Commissioner Phelps concurred. Commissioner Phelps moved to approve case G-06-026. Commissioner Redfearn seconded. Commissioner Dudziak questioned staff regarding if any of the parking ratios have changed? Barry LeBaron replied no, none have been made. The motion carried by the following vote: Aye: 5 - Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 2 - McCormick, Duffy 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 10. COMMISSIONERS' COMMENTS AND REPORTS None 11. ADJOURNMENT There being no further business before the Planning and Zoning Commission, the meeting adjourned at 10:24 p.m. Approved by acclamation. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Wednesday, November 22,2006 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyvllle Page 15 Printed on 12/512006 ~~ . "tt..x.:,... City of Colleyville Agenda Briefing 100 Main Street Colleyville. Texas 76034 (817) 503-1000 WNW.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Agenda Date: 12/11/2006 Agenda No.: 7a Controlling Body: City Council Final Action: Requester: Community Development Department File Name: Approval of a Minor Plat of Lots 1 and 2, Block 1 of the Renfro Estates Addition on 2 acres located at 2000 Renfro Drive, Case P-06-012 Attachments: Zoning and Location Map History of Legislative File Version: Date: Acting Body: 12/11/2006 Planning and Zoning Commission Title Approval of a Minor Plat of Lots 1 and 2, Block 1 of the Renfro Estates Addition on 2 acres located at 2000 Renfro Drive, Case P-06-012 Explanation Keith Chatham is the owner of a 2-acre parcel of land located at 2000 Renfro Drive. The owner has submitted a minor plat of the property for review and consideration by the Planning and Zoning Commission. The plat will subdivide the existing lot into two lots, which will create one new vacant lot for residential development. The second lot contains an existing residential structure. This plat only requires approval by the Planning and Zoning Commission. Zoning. The property is zoned R40-Single Family Residential. The R40 zoning district requires a minimum lot width and lot depth of 150 feet, and a minimum lot area of 40,000 square feet. The proposed plat meets the development criteria as stated within the Land Development Code. Front Building Setback Line. The R40 zoning district requires a 40 foot building setback from the street right-of-way. The applicant is showing a 35 foot front setback line on the proposed plat. The five foot reduction to the building line will enable the developer to better utilize the area that is available for construction of a new home, since the depth of the buildable area of the lot is severely shortened due to the drainage easement that bisects the property. The applicant is requesting a waiver from the 40 foot building setback as required by the R40 zoning district in order to utilize a 35 foot building setback. Approval of the plat as presented will automatically include the approval of the waiver request. The Land Development Code allows the Planning and Zoning Commission to approve a subdivision City of Co/leyvllle Page 1 Printed on 12/712006 Agenda Briefing Continued plat that contains a building line waiver request, due to unusual circumstances. Parkland Dedication Fees. Parkland dedication fees are not required for Lot 2 since an existing house was located on the lot at the time of plat application. The payment of parkland dedication fees is required for Lot 1. Drainage. The Engineering Department has reviewed and accepted the proposed grading plan for these lots. Utility Easements. The Land Development Code requires a 15 foot utility easement for a property of this size in order to provide for the future expansion of the utilities systems in the area. The Engineering Department has agreed to recommend a 5 foot utility easement along the north property line of Lot 2 as requested by the developer because the surrounding area is already developed and no additional utility expansions are proposed by the future water and sewer master plans. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for Lot 2 since an existing house was located on the lot at the time of plat application. Perimeter street improvements are required for Lot 1. Sidewalks. The Land Development Code requires sidewalks on all interior streets. The sidewalks must be constructed at the same time any new structures are built on the lots, and must be four (4) feet in width. Tree Preservation. The applicant was made aware of the tree preservation requirements and provided an aerial photo that located existing trees on the property. Trees not located within the right-of-way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the dripline of all preserved trees located outside the right-of-way. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. Summary. The owner's surveyor has addressed all Development Review Committee comments. With the exception of the 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 Colteyvllle Page 2 Printed on 12/7/2006 Location and Zoning Map ~ R::: l "" ~ RAt DROOI( 4711 4704 461'2 i I 4604 4501 R-20 . ll:~x..\" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WNW.colleyville.com File Number: File Type: Case Status: Commision Action Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 12/11/2006 Requester: Community Agenda No.: 7b Final Action: Development Department File Name: Approval of a Minor Plat of Lot 1, Block A of the Diaz Addition on 1.0 acre, located at 4800 Bransford Road, Case P-06-062 Attachments: Zoning and Location Map History of Legislative File Version: Date: Acting Body: 1 12/11/2006 Planning and Zoning Commission Title Approval of a Minor Plat of Lot 1, Block A of the Diaz Addition on 1.0 acre, located at 4800 Bransford Road, Case P-06-062 Explanation Sophie Tel Diaz is the owner of a one acre parcel of land located at 4800 Bransford Road. The owner has submitted a minor plat of the property for review and consideration by the Planning and Zoning Commission. The plat will create one lot for single family residential uses. This plat only requires approval by the Planning and Zoning Commission. Zoning. This property is currently zoned R40-Single Family Residential. The R40 zoning district requires a minimum lot width and lot depth of 150 feet, and a minimum lot area of 40,000 square feet. The proposed lot meets the 150 foot lot width but does not meet the lot depth requirement. The proposed lot contains 137 feet of lot depth. However, this property is considered a lot of record, which permits the lot to be less than the required depth with the provision that newly constructed structures adhere to the zoning district setbacks. Sidewalks and Trails. The Land Development Code requires sidewalks on Bransford Road. The sidewalk must be five feet in width and constructed as part of the public improvements to the property. Drainage. A lot grading plan will be necessary at time of building permit for the construction of the new home. The Engineering Department will review and accept lot grading plans during the building permit process. City of Colleyvllle Page 1 Printed on 12/712006 Agenda Briefing Continued Parkland Dedication Fees. Parkland dedication fees are not required as there is an existing residential structure on the lot. Perimeter Street Improvement Requirements. Perimeter street improvements are not required as there is an existing residential structure on the lot. Tree Preservation. The applicant was made aware of the tree preservation requirements and provided an aerial photo that located existing trees on the property. Trees not located within the right-of-way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the dripline of all preserved trees located outside the right-of-way. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. Summary. The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. Recommendation Approval City of Colleyvi/le Page 2 Printed on 12fl/2006 Zoning and Location Map Agenda Item #7b, Case P-06-062 The surveyor is verifying the right-of-way on Bransford Road. A copy of the plat will be available at the pre-meeting on Monday night. . l\-x..,. City of Colleyville Agenda Briefing 100 Main Street Colleyvi/le, Texas 76034 (817) 503-1000 WNW.colleyville.com File Number: File Type: Case Status: Commision Action Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 12/11/2006 Requester: Community Agenda No.: 7c Final Action: Development Department File Name: Approval of a Minor Plat of Lot 1, Block 1 of the Symphony Estates Addition on 0.2 acres, located at 2305 Glade Road, Case P-06-063 Attachments: Zoning and Location Map . Plat History of Legislative File Version: Date: Acting Body: 12/11/2006 Planning and Zoning Commission Title Approval of a Minor Plat of Lot 1, Block 1 of the Symphony Estates Addition on 0.2 acres, located at 2305 Glade Road, Case P-06-063 Explanation Symphony Properties is the owner of a 0.2 acre parcel of land located at 2305 Glade Road. The owner has submitted a minor plat of the property for review and consideration by the Planning and Zoning Commission. The plat will create one lot for single family residential uses. This plat only requires approval by the Planning and Zoning Commission. Zoning. This property is currently zoned R20-Single Family Residential. The R20 zoning district requires a minimum lot width of 100 feet and lot depth of 125 feet, and a minimum lot area of 20,000 square feet. The proposed lot meets the 125 foot lot depth but does not meet the lot width and lot area requirements. The proposed lot contains 87 feet of lot width and 12,585 square feet of lot area. However, this property is considered a lot of record, which permits the lot to be less than the required lot width and area with the provision that newly constructed structures adhere to the zoning district setbacks. Sidewalks and Trails. The Land Development Code requires sidewalks on Glade Road. The sidewalk must be five feet in width and constructed as part of the public improvements to the property. Drainage. A lot grading plan will be necessary at time of building permit for the construction of new homes. The Engineering Department will review and accept lot grading plans during City of Colleyvllle Page 1 Printed on 12/712006 Agenda Briefing Continued the building permit process. Parkland Dedication Fees. Parkland dedication fees are not required as there is an existing residential structure on the lot. Perimeter Street Improvement Requirements. Perimeter street improvements are not required as there is an existing residential structure on the lot. Tree Preservation. The applicant was made aware of the tree preservation requirements and provided an aerial photo that located existing trees on the property. Trees not located within the right-of-way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the dripline of all preserved trees located outside the right-of-way. The protective fencing may be comprised of orange vinyl construction fencing. chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. Summary. The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. Recommendation Approval City of Colleyvllle Page 2 Printed on 12/7/2006 Zoning and Location Map AG AG AG 2400 2208 2209 2305 R-20 R-20 R-20 2205 2309 2301 4900 2313 4904 4811 4900 I !:~ ~~ q , ~ * , II~ iii.lII . I . .L , , - ~ L 51 ,- .1 9'J 111)1 ,.. ~!~ IIII ,I, .... III' 1,1 · II~i I !!~I'I III: I t .. ~ iSi Iii , , a ~ i . I ~ ~ I JIlO'JDIaIr 1.ID . CI) I- ~ II 1 e::l~ Wi i~ · j~.11 al If ~,.:~:f if mdill s w I ~~illlil I if: ~.:9 · & >.;; ~I I ~ CI) . ~ I g iH g ~ iii ~ to- w ..... 8 ::> "- .... 0 . 0:: :z II.: .I! 1;1 f I I I : ..Co!. F.aD!' ..1!!ll!lLABJ1'&LlI!l:JUZ- _ _ _ _ _ _ _ __ -,-- - - - - - - - - - - - - - - 'iiiiiN CiNmwI. W"",. unw.tCl' 110. ,.. :~ I-I + n~..).. City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WNW.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 12/11/2006 Requester: Community Agenda No.: 8a Final Action: Development Department File Name: Approval of a Request for a Zoning Change from CN-Neighborhood Commercial to CC1-Village Retail on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-06-031 Attachments: Zoning and Location Map · Exhibit. List of Property Owners Notified · Opposition Letters . Proposed Ordinance History of Legislative File Version: Date: Acting Body: 1 12/11/2006 Planning and Zoning Commission Title Approval of a Request for a Zoning Change from CN-Neighborhood Commercial to CC 1- Village Retail on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-06-031 Explanation Colleyville REI, LLC, has submitted a request to change the zoning of 1.9 acres from CN Neighborhood Commercial to CC1 Village Retail. The property is located at 6100 Colleyville Boulevard, at the southwest corner of Colleyville Boulevard and Hardage Lane. The property is platted and is vacant. The applicant has submitted a copy of the plat as the zoning exhibit, which is attached to this briefing. The applicant is seeking a zoning change in order to develop the property for retail uses. The Land Development Code states the CC1 zoning district is oriented to general commercial retail goods and services as well as some office, entertainment and community facility uses. While the district is designed to encourage "clustering" stores, the site requirements allow for a smaller scale than a shopping center type development. It is likely that Village Retail centers will be built without a major anchor store and be located near but not at major street intersections. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Plan designates this property for future retail use. The City of Colleyville Page 1 Printed on 12/7/2006 Agenda Briefing Continued proposed zoning designation would be in compliance with the future land use plan and consistent with the adjacent zoning designations along Colleyville Boulevard. Lot Sizes & Widths. The CC1 zoning district requires a minimum lot area of 15,000 square feet. The property currently exceeds 15,000 square feet and meets the minimum lot requirements of the CC1 zoning district. Surrounding Properties. The surrounding properties are a mixture of residential and retail uses. The property to the north is zoned AG Agricultural and is developed with a single family residential home. Properties to the west are zoned R15-Single Family Residential and consist of single family homes. The property to the south is zoned CC1-Village Retail and is currently vacant. Properties to the east, across SH26, are zoned CC2-Shopping Center and are developed primarily for outdoor amusement uses. Development Trends. The development trends in this area primarily focus on office uses. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Public Notification. Staff mailed notices to 18 adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Staff has received 10 letters in opposition to this request. The percentage of land within 200 feet of the subject property that is owned by property owners who are opposed to the rezoning request is 46.9%. As the percentage of opposition is greater than 20%, a super majority of votes is required by City Council to approve the rezoning request. Summary. The proposed zoning change is consistent with the Land Use Plan, which designates the subject property as a future retail development area, and the proposed zoning is consistent with the existing zoning designations of nearby properties along Colleyville Boulevard. Recommendation Approval City of Colleyv11le Page 2 Printed on 12/712006 PERTY IS NOT LOCATED ~ loo-'ttAR FLOOD lOUNOARY I ON THE FLOOD INSURMtCE It FOR TARRANT COUNTY, TEXAS ORPORATED MEAS, PANEL eo OF 3 10. BER 4843tcooeO G .NUARY e, 1993 _ DATA C. II. 111.00' A . tt:l'00' 00" T . 211.00' C . 11I.H' !' S 14'1" 00" E L . n. 17' ~I~~~: I ,. ,JJ ",0 ".., ,,'Of' ClI Co) <0 tc;. ~q,r:.~ ~. ~ q, .r C) ~-:"'I v"t''')~''ii ~. .:,e' TRACT 2E ABSTRACT NO. 331 MYREL REYNCll.OS ZONEO AG TRACT 20 AISTRACT NO. III MID-CITIES NATIONAL 8ANk VOl.. 9116. PG. 1I17 ZONED AG TRACT I J I ABSTRACT NO. 937 ZONEO CC .' TRACT 2B. ABSTRACT NO. 180 ZONED SU NOTE: NO IU ILD IMO "EIUlIT SHALL IE ISSUED Felt TRACT 21 ABSTRACT NO. 801lllY GLEN I VOl.. 8998, PI ZONED Al TRACT 2A ABSTRACT N J. T. COllLF' TRACT 2A IA ABSTRACT NO. J. T. COllLFY JI Z-06-031 Colleyville, LLC. ,applicant ~504 Boat Club Road, Suite 800 Ft. Worth, TX 76135 Blue Bonnet Hills PO Box 11250 New Orleans, LA 70181 Boat Club Plaza, Ltd 1001 Cross Timbers Rd Ste 2330 Flower Mound, TX 75028 Gorgi, Nagy Etux Ewa 6000 Ponderosa St Colleyville, TX 76034 Hedgcoth, Ernest Etux Phyllis 6012 Ponderosa St Colleyville, TX 76034 Parshall, Misty H 5912 Ponderosa St Colleyville, TX 76034 Reynolds, Myrel 6110 Colleyville Blvd Colleyville, TX 76034 List of Property Owners Notified Colleyville, LLC.,applicant 4504 Boat Club Road, Suite 800 Ft. Worth, TX 76135 Bluebonnet Hills Cemetery PO Box 11250 New Orleans, LA 70181 Condon, Jack L & Mary D 6100 Ponderosa St Colleyville, TX 76034 Gossett, Lelton Etux Becky S 1400 Hardage Ln Colleyville, TX 76034 Moore, Bobby Family Ltd prtn 6113 Colleyville Blvd Colleyville, TX 76034 Pro Co Paint And Body Inc PO Box 206 Colleyville, TX 76034 Sims, Jimmy D Etux Janis 0 6009 Ponderosa St Colleyville, TX 76034 Co lIeyville , LLC.,applicant 4504 Boat Club Road, Suite 800 Ft. Worth, TX 76135 Boat Club Plaza, Ltd 1001 Cross Timbers Rd Ste 2330 Flower Mound, TX 75028 Corley, J T Jr 6930 Arboreal Dr Dallas, TX 75231 Griffith, Steve G Etux Chantal 6008 Ponderosa St Colleyville, TX 76034 Neff, William A Etux Carol S 6104 Ponderosa St Colleyville, TX 76034 Pullen, Christopher Etal 6013 Ponderosa St Colleyville, TX 76034 Sligar, Tracy Etux Alice 6004 Ponderosa St Colleyville, TX 76034 Jack & Debbie Condon 6100 Ponderosa Street Colleyville, 'IX 76034 November 30, 2006 Community Development Department Oty of CoIleyvllle 100 Main Street Colleyvllle, TX 76034 Re: Zoning Case Number Z-06-031 To Whom It May Concern: We are writing this letter to oppose the requested zoning change for 6100 Colleyvllle Blvd, (Lot 1, Block 1 of the Metrovest Addition) from eN- Neighborhood Commercial to CCl-Village Retail. Since our residence Is less than a block away from this property, we are strongly opposed to the proposed zoning change due to the likelihood of Inaeased traffic and the dlentele that retail stores will attract to our neighborhood. Currently It Is already very difficult to enter the Intersection at the comer of Hardage and Colleyvllle Blvd., and changing the zoning to Village Retail would only further add to the congestion In this area. Respectfully yours ~Ck & Debbie. COndon . . /A y4~ /))~ tGv.l/", RECEIVED "':Pi:: {,I', '. Pef ............... TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NUMBER Z-06-031 MY NAME IS L.. r b ~?tS- "\ 1 . I AM THE OWNER OF TIm PROPERTY AT Il\'Vo ~-o_ LV'! . lAM AGAINST TInS ZONING CHANGE REQUEST. phone number I "J.. ~ 3 -t[)~ date ( RECEIVED . .:t . Per ..................., TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NUMBER . I AM AGAINST signatuR m-4:2l ~:4)i- phone nwnbcr g b~ aG date RECEIVED \ Per "..."'......u... \ TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NUMBER Z-06-031 MY NAME IS (!/Ji(DL Ne'rr . lAM THE OWNER OF THE PROPERTY AT h)7>~ -:ft;tJDEJeDS4_.IAMAGAINST THIS ZONING CHANGE REQUEST. ~~ ?tit ~J7 - Lf1~- 75 phone nwnber . I;), - ~ -Oh date RECEIVED Per ............. TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NUMBER Z-06-031 MY NAME IS ~~ ~ en ~ . I AM THE OWNER OF THE PROPERTY AT \0 \ 0 0 ~ {\do~.... ~ . I AM AGAINST THIS ZONING CHANGE REQUEST. vf1\ ~~ ~~ signature ~\l - 4 a\ - o4~9 phone Dumber I a.. -?r-O Ie:> dlltc RECEIVED Per ............. TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NUMBER Z-06-031 MYNAMEIS ErJ1a/~c4c.olt, .IAMTHEOWNEROFTHE ./ PROPERTY AT G(!)/2 ~~d~""6~~ . IAMAGAINST nns ZONING CHANGE REQUEST. ~-(J/:,~d:) Signature ,1/7- '1111'-(>171> phone Dumber !eo/ 3(cc' RECEIVED Per ............. TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NUMBER Z-06-031 MY NAME IS I!1;JCY Gt/6-#~. lAM THE OWNER OF THE PROPERTY ATGOcJ'I ?cJ>>/)E~c;s,// .IAMAGAINST THIS ZONING CHANGE REQUEST. f~ gll 'Ig~ 'i(jc?O phone number /2,-3-06 date RECEIVED Per ............. TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NUMBER Z-06-031 MY NAME IS His-!- '1 Po. r ~h'" I} . I AM THE OWNER OF THE PROPERTY AT 5'1/:>' f()hd~rOsq .IAMAGAINST TIllS ZONING CHANOE REQUEST. ~~:~ phone nwnber Jdj 3/0 (p date I ' RECEIVED Per ............. TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NUMBER Z-06-031 MY NAME IS tMG8 j EllA GOecrl . I AM 1HE OWNER OF TIIE PROPERTY AT ~ :PO(\)J)E eos,q. Si. . I AM AGAINST THIS ZONING CHANGE REQUEST. Si~~ 8(-:f . 25\_ 5\5:1 phone number 11-~?'_ (1 t date RECEIVED Per ............. TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NUMBER Z-06-031 Co. . I AM THE OWNER OF THE PROPERTY T 'tJi/tf' ~~~I AM AGAINST THIS ZONING CHANGE REQUEST. ~ jf)~ C1i7 'I&8-13C,S- phone number L,o/Y47 b RECEIVED Per ............. TO: COMMUNITY DEVELOPMENT DEPARTMENT REF: ZONING CASE NUMBER Z-06-031 MY NAME IS ~.p... G. GuF~\ rQ I AM THE OWNER OF THE PROPERTY AT (POD8 ~,.J.p1tdiA ~4. .IAMAGAINST TIllS ZONING CHANGE REQUEST. ~/1JfP 8',-2..5/- 7513 phone number I z,/3, J DC, date RECEIVED Pef ... .......... 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 LOT 1, BLOCK 1, METROVEST ADDITION FROM THE CN-NEIGHBORHOOD COMMERCIAL DISTRICT TO THE CC1-VILLAGE RETAIL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-06-031; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the 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 on Lot 1, Block 1, Metrovest Addition, located at 6100 Colleyville Boulevard, from the CN-Neighborhood Commercial zoning district to the CC1-Village Retail zoning district, as depicted in the attached Location and Zoning Map - Exhibit "A". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations 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. Ordinance 0-06-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney eXHIBIT "A" + l\'xu. City of Colleyville Agenda Briefing 100 Main Street Colleyville. Texas 76034 (817) 503-1000 WNW.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 12/11/2006 Requester: Community Agenda No.: 8b Final Action: Development Department File Name: Approval of a Request for a Special Use Permit for a coffee house on Lot 1, Block 1 of the Highland Meadows Christian Church Addition located at 2600 Hall Johnson Road, Case Z-06-032 Attachments: Zoning and Location Map. List of Property Owners Notified · Location on Site · Planning Objectives · Proposed Ordinance History of Legislative File Version: Date: Acting Body: 1 12/11/2006 Planning and Zoning Commission Title Approval of a Request for a Special Use Permit for a coffee house on Lot 1, Block 1 of the Highland Meadows Christian Church Addition located at 2600 Hall Johnson Road. Case Z-06-032 Explanation Alicia Davenport has applied, on behalf of Highland Meadows Christian Church, for a Special Use Permit (SUP) to allow a coffee house inside an existing church. Highland Meadows Christian Church has recently completed interior and exterior renovations to the existing church facility. As a part of the interior renovations, the church constructed a coffee bar that will sell the Starbucks brand of coffee products to members of the church and to the general public. However. the coffee house will not be owned, staffed or operated by Starbucks personnel. The coffee, and related products, will be owned and operated by the church. The products sold at the coffee shop are subject to sales taxes; a sales tax certificate has been obtained from the Texas Comptroller's Office. A SUP is required as the coffee house will be open to the general public for commercial sales. Information provided by the applicant indicates that the coffee shop will be incidental to the primary land use, which is the church. The coffee shop will provide refreshments to church members and be used as a marketing tool for the church's community outreach program. The applicant has indicated that the coffee shop will be open for general sales when church services and programs are not in progress. The total square footage of the coffee shop is 250 square feet. Staff does not anticipate the need for additional parking stalls as the City of Colleyville Page 1 Printed on 12/7/2006 Agenda Briefing Continued existing parking facilities are adequate. Additional information regarding the operation of the coffee shop may be provided by the applicant at the meeting. Highland Meadows Christian Church has frontage on both Hall Johnson Road and Pool Road and the property is zoned AG-Agricultural. Properties to the north and west are zoned R20-Single Family Residential and are developed as residential uses. The property to the south is zoned RE-Single Family Estate Residential and is currently vacant. The property to the east is locate in the City of Grapevine and is currently used for agricultural purposes. Public Notification. Staff mailed notices to 30 adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Staff has not received any correspondence regarding this request. Impact Issues 1. Master Plan. The Colleyvil/e Master Plan designates the future use of this area for institutional land uses. 2. Development Trends. The long-term trend for this area is residential development. The surrounding properties are primarily developed as residential uses. 3. Economic Development Information. According to information provided by the applicant, the estimated sales per year will be $20,400.00. The estimated as valorum taxes per year will be $1,683.00. 4. Signage. The applicant has indicated that the church intends to provide outdoor signage advertising the coffee shop. The signage will refer to the name of the shop, The Gathering Place, and will contain no Starbucks advertisements. Recommendation Approval City of CoUeyville Page 2 Printed on 121712006 ID o to N to o to N """" o to N N o to N o o to N a C"\l I c.t:: 6089 CD o I.,f) N ~ ..~ V) o o to N o <( l'- o CD I.,f) l.C1 o CD L.O (D ..;;t N l::J CJ 0 0 0 CD CD CD CD l.C1 L.O L.O L.O 9069 o N I c.t:: CJ o 1.0 N Q2 806 ..- CJ L.O N ..- CJ 0") I.,f) m o [D I.L1 a N I c.t:: l::J Cl I.L1 N l'- CJ L.O N l.C1 o L.O N 8m; z; L.O 9 c; en CJ 1;[1 N a N I n: o CJ I,{) N 8NIONI ..., ..J -I < J: """" o ""- I.f) (!) <( Z-06-032 Alicia Davenport, applicant 2600 Hall Johnson Road Colleyville, TX 76034 Anders, Mark W Etux Carolyn 5903 Scottsdale Dr Colleyville, TX 76034 Bedford Christian Church 2600 Hall Johnson Rd Colleyville, TX 76034 Dunn, Jerry D Etux Suzanne W 5800 N Ballantrae Dr Colleyville, TX 76034 Gray, Travis P Etux Kathleen 5801 N Ballantrae Dr Colleyville, TX 76034 Kiraly, Thomas E 2600 Whitehaven N Colleyville, TX 76034 Mitchem, Kevin L Etux Melody 2602 N Whitehaven Dr Colleyville, TX 76034 Pearson, Patrick L & Celestine 2500 Kings Ct Colleyville, TX 76034 Przano, Anthony P Etux D Dawan 2509 Ballantrae Dr Colleyville, TX 76034 List of Property Owners Notified Alicia Davenport, applicant 2600 Hall Johnson Road Colleyville, TX 76034 Baca, Richard Jr & Patricia J 4905 Behrens Rd Colleyville, TX 76034 Caffey, Mark A Etux Holly 2601 Highland Dr Coli eyville , TX 76034 Erdner, David A Etux Carol 5907 Yorkshire Dr Colleyville, TX 76034 Harris, John P Etux Peggy S 2606 Whitehaven N Colleyville, TX 76034 Lucart, Sean T Etux Linda A 2504 Kings Ct Colleyville, TX 76034 O'Quinn, Wm 0 Etux Pam Gates 5905 Yorkshire Dr Colleyville, TX 76034 Pennington, David F Etux Marie 2516 Hall Johnson Rd Colleyville, TX 76034 Raine, Tim M 2608 Whitehaven St N Colleyville, TX 76034 Alicia Davenport, applicant 2600 Hall Johnson Road Colleyville, TX 76034 Baca, Richard Jr Etux Patricia 4905 Behrens Colleyville, TX 76051 Colleyville, City Of 100 Main St Colleyville, TX 76034 Graham, Ross 2603 Highland Dr Colleyville, TX 76034 Ken Davis Revocable Trust PO Box 999 Fort Worth, TX 76101 McCauley, Dale E Etux Virginia 5809 N Ballantrae Dr Colleyville, TX 76034 Overby, Russell & Joyce Overby 2507 Highland Dr Colleyville, TX 76034 Powell, Timothy S Etux Elizabe 5806 N Ballantrae Dr Colleyville, TX 76034 Roberts, Dan Worth 317 N Broadway St Azle, TX 76020 Rodriguez, Rodrigo Etux Larina 2502 Kings Ct Colleyville, TX 76034 Slusser, Mark D Etux Janet Kay 5802 N Ballantrae Dr Co II eyville, TX 76034 Shaw, Ted H II & Kathi J 2508 Whitehaven N Colleyville, TX 76034 Torda, James Jetux Frances R 5803 N Ballantrae Dr Colleyville, TX 76034 Sizemore, John A Etux Wendy E 5807 N Ballantrae Dr ColleyvilJe, TX 76034 Wallace, David M Etux Dianna 2604 Whitehaven St N Colleyville, TX 76034 x .. V) .. ~ - - 0 1ft - 0: I .. 1ft .. .. <~ - - ~::> .. . ~~ .. I .. z - . - 0: .. ::; . - z:: .. ! .. <:- - - .. .....:I.. - ::r::~ ~ - ::c: ~ I II .. 0 - ~ ~ (~J c 1ft = 0 - .. c c =- I - 0 - - ... I:; a - - . z ..,., 41 W. - tI) r- " ,.., c:-:I IZ c::I -a I~ -< 0 ~ "'0 :::0 Z CD IT1 ... . 0 ~ . . I'T1 . . - . < . 0 . IT1 . , . . , a . ".,) . 0 HALL JOHNSON ROAD . I Statement of Plannine: Obiectives Highland Meadows Christian Church has recently undergone a major renovation that includes a coffee bar called The Gathering Place. The Gathering Place is located within inside the facility. The Church has purchased the rights to be a ''We Proudly Brew Star bucks" facility. Simply put, Highland Meadows Christian Church will only purchase Star bucks Coffee beverage products. The Church is not contracted, or in any way, operated by Starbucks. Highland Meadows Christian Church has hired a Director of Food Service that will oversee this operation full time. This coffee bar is an accessory to Highland Meadows Christian Church and is incidental to the primary land use. While we would like to make it possible for the general public to purchase coffee from our location, the highest percentage of sales will occur during times that the church members are attending church services and related programs. In this manner, The Gathering Place is to be used as part of the "total experience" that Highland Meadows Christian Church provides. By being open during hours that planned church activities are not in progress we will utilize The Gathering Place as another outreach to the community. Highland Meadows Christian Church would like to post outside signage to advertise The Gathering Place. There will be no Starbucks advertisement on the signage. In conclusion, Highland Meadows Christian Church will use The Gathering Place as an outreach and ministry opportunity for the surrounding community. Development Schedule The completion of the coffee bar (The Gathering Place) was October 30, 2006. Our building inspection and health inspection for the coffee shop have been approved and completed. We will be open to our church members and their guests the week of November 27,2006. Economic Develoument Information Actual size of the coffee bar and the back of the \ 1 Total Sauare Footaoe 250 sa ft house. 2 Estimated Sales Per Sauare Foot $6.80 3 Estimated Sales Per Year $20,400.00 4 Estimated Ad Valorum Taxes Per Year $1,683.00 RECEIVED Highland Meadows Christian Church Special Use Permit Application Exhibits , . - -~. FILE COpy Per ............. 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 BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW A COFFEE SHOP ON LOT 1, BLOCK 1, HIGHLAND MEADOWS CHRISTIAN CHURCH ADDITION; 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-06-032; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the 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. Ordinance 0-06-XXXX Page 2 of 3 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 authorizing a Special Use Permit to allow a coffee shop on Lot 1, Block 1, Highland Meadows Christian Church Addition, located at 2600 Hall Johnson Road, as depicted in the attached Location and Zoning Map - Exhibit "A" and described in the attached Site Plan - Exhibit "B", which shall be subject to the following conditions: 1. The limits of the coffee shop shall not exceed the boundaries shown on the attached Site Plan - Exhibit "B" 2. Outdoor signage shall be consistent with the provisions of Chapter 7 of the Land Development Code regarding Institutional Signs. 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,OOO.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. Ordinance 0-06-XXXX Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney LOCATION AND ZONING MAP - EXHIBIT "A" ] 8 r- ~ SITE SITE PLAN. EXHIBIT "B" I I .. z .1 III. ft) . !': ::u :~ J'I1 - () . J'I1 .:l - < ~ J'I1 ~ 0 IZ I~ f2 z ~ o a II U') ~ o ~~~ Wol:> ~~ " 04 Z;:' ~; :I:~ o - ::c: ~ HALL JOHNSON