HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-2/12/2007
City of Colleyville
Meeting Agenda
Planning and Zoning Commission
100 Main Street
Colleyville. Texas 76034
(817) 503-1000
www.colleyville.com
Monday, February 12, 2007
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 Duffy
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
January 22, 2007
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
7. REGULAR AGENDA ITEMS
7a Approval of a Final Plat of Copperglen Addition on 5.6 acres located at
3798 - 3804 Glade Road, Case P-07-008
7b Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres
located in the 1600 block of Sanders Lane, Case P-07 -009
City of Colleyville
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Planning and Zoning Commission
Meeting Agenda
February 12, 2007
8. PUBLIC HEARING AGENDA ITEMS
8a Approval of a Replat for Lot 1 R2, Block 1 of the Monterra Place Addition
located at 1704 Tennison Parkway, Case P-07-011
8b Approval for a Special Use Permit for alcohol sales Lot AR of the E.M.
Thompson Addition located at 5224 Colleyville Boulevard, Case
Z-07-003
8e Approval of a Zoning Change from R40-Single Family Residential to
R20-Single Family Residential on 1.9 acres out of the T.J. Polson
Survey located at 4812 Bransford Road, Case Z-07-004
8d Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on 6.4 acres out of the George W. Teeter Survey located at
1301 Glade Road, Case Z-07-005
8e Approval of a Zoning Change from AG-Agricultural to R20-Single Family
Residential on .65 acres out of the S.C.H. Witten Survey located at 5504
Montclair Drive, Case Z-07 -006
9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
10. COMMISSIONERS' COMMENTS AND REPORTS
11.
I here y ertify the a ve agenda was posted on the bulletin boards at City Hall
on Thursday, February 8,2007.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville
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Printed on 2/9/2007
City of Colleyville
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Minutes - Draft
Monday, January 22, 2007
7:00 PM
City Council Chambers
Planninq and Zoninq Commission
City of Colleyville
Minutes - Draft
Planning and Zoning Commission
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Monday, January 22, 2007
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 January 22, 2007 at 7:05
p.m.
2. ROLL CALL
Present: Commissioners, Dave Dudziak, Scott Redfearn, Mary Taylor,
David Phelps, Denis Duffy, Jeff Byerly
Absent: Commissioner Robert McCormick
Staff Present: Barry LeBaron, Chris Fuller, Robert McKeown, Oal
Anderson, Chad Bartee, Jeremy Hutt, and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Phelps.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Dudziak moved to approve the January 4, 2007 meeting
minutes as written. Commissioner Taylor seconded.
City of CoJ/eyville
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Planning and Zoning Commission
Minutes - Draft
January 22, 2007
The motion carried by the following vote:
Aye: 6 - Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 - McCormick
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Approval of Preliminary Plat for Lots 1-12, Block 1 of the Highland Park
Addition on 6.6-acres located at 5800 Pool Road, Case P-07-003
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Duffy stated he wanted the gate to be a separate vote
from the plat. Commissioner Byerly concurred.
Commissioner Redfearn questioned staff regarding what is the rational
regarding the number of lots required for a gated subdivision? Chris
Fuller replied it is difficult to read into what the intent was from what
previous staff members, however, he presumed the intent was to
eliminate small, isolated communities within the city. He stated it may
have also been to allow a certain number of lots to be able to fund the
streets within the gated community.
Commissioner Phelps questioned staff regarding if the fees are fixed per
lot? Chris Fuller replied the Land Development Code states $75 per lot,
however, City Council can levy a higher requirement than the $75.
Commissioner Phelps stated to lower the lot requirement for a gated
community may warrant the need to double that fee requirement per lot
to accommodate street frees for repairing.
Commissioner Byerly stated the math can not be calculated that way.
He stated the number of lots does not effect the road, it should be
calculated per linear foot in the subdivision. He stated to double the fee
does not make any sense because to go from 11 lots to 25 lots, would
require more road. Commissioner Phelps concurred with Commissioner
Byerly.
Jackie Fluitt, GSVW'J Engineers, came forward to answer any questions
the Commissioners had.
Commissioner Byerly questioned Mr. Fluitt if there has been any thought
regarding staff's recommendation for the building setback on Lots 4 and
7, is there a preference for either the front or back? Mr. Fluitt replied
they would like to maintain the back yards if possible.
City of COlleyville
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Planning and Zoning Commission
Minutes - Draft
January 22, 2007
Commissioner Byerly questioned Mr. Fluitt regarding why should this be
a gated community? Mr. Fluitt replied it seems to be what the market
dictates.
Commissioner Dudziak questioned Mr. Fluitt if the gated portion is not
approved, will this halt the project? Mr. Fluitt replied not being sure, but
he did not think it would help the project.
Commissioner Duffy moved to approve case P-07 -003 with the
waiver request for the lot depth of Lots 4 and 7 to be reduced by
5-feet for the front setback. Commissioner Byerly seconded.
The motion carried by the following vote:
Aye: 6 - Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 - McCormick
Commissioner Duffy moved to deny the gated community portion of
case P-07 -003. Commissioner Dudziak seconded.
Commissioner Duffy stated the Land Development Code requires 25
lots for a gated community. This has been the standard for years.
The clustering of small groups is not good for the community. He
stated the funds generated by this subdivision would not be
enough to accommodate reparing the street.
Commissioner Taylor stated the gated community would add value
to that community, however there are gated communities that are
small and the Homeowners Association dues are astronomical.
The motion carried by the following vote:
Aye: 4 - Dudziak, Taylor, Duffy, Byerly
Nay: 2 - Redfearn, Phelps
Absent: 1 - McCormick
7b
Approval of a Final Plat of the Preston Oaks Addition on 16.8 acres
located in the 800 and 900 blocks of Lavaca Trail, Case P-07-006
Commissioner Taylor recused herself from this agenda item.
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Phelps questioned staff regarding if the need for relief on
the existing home was caused by the accommodation of the two
developers to put this adjoining road between the two different
City of Colleyville
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Planning and Zoning Commission
Minutes - Draft
January 22, 2007
developments? Chris Fuller replied correct. The existing retention lot
made it difficult to align those two roads with the proposed subdivision to
the west, Lavaca Trail Estates. With the existing structure, it limited the
amount of room that they had to work with in order to accommodate the
R20 zoning, that is why the 40 foot roadway was required as well as the
25 foot setback due to the existing structure.
Commissioner Phelps moved to approve case P-07 -006.
Commissioner Dudziak seconded.
The motion carried by the following vote:
Aye: 6 - Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 - McCormick
7c
Approval of a Final Plat of the Lavaca Parc Addition on 5.1 acres located
in the 1000 block of Lavaca Trail, Case P-07-007
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Redfearn moved to approve case P-07-007.
Commissioner Byerly seconded.
Commissioner Dudziak questioned Chad Bartee, City Engineer,
regarding if all of the drainage issues have been resolved? Chad
Bartee replied yes.
The motion carried by the following vote:
Aye: 5 - Redfearn, Taylor, Phelps, Duffy, Byerly
Nay: 1 - Dudziak
Absent: 1 - McCormick
7d
Approval of a request by RWS Management Inc. for a waiver of the tree
mitigation requirements in the Land Development Code for The Reserve
at Colleyville Addition, located in the 1000 block of Murphy Road, Case
G-07 -002
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Redfearn questioned staff if the Commissioner's approval
for the waiver request is all that is necessary? Barry LeBaron replied
after this issue is resolved, they will move forward with their final plat.
Commissioner Byerly stated this will not be reviewed by City Council.
Commissioner Taylor stated she did not ever want to see trees gone.
She stated there is no such thing as a trash tree.
Ron Shirley, applicant. came forward to present the case and brief the
City of Co/Jeyville
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Minutes - Draft
January 22, 2007
Commissioners.
Commissioner Duffy questioned Mr. Shirley if he has aerials to show
what is being requested? Mr. Shirley handed out a color copy for the
property.
Commissioner Taylor questioned Mr. Shirley if he could design his
streets so that those trees could be saved? Mr. Shirley replied he has
been working with his design to save as many trees as possible.
Commissioner Dudziak questioned Mr. Shirley regarding why is the
$152,000 such a hard ship for this project? Mr. Shirley replied he has
spent a lot of money trying to preserve the trees that are in place. This
money can be spent in some other areas on the property.
Commissioner Duffy stated Mr. Shirley has been cooperative with the
city in preserving those trees. He concurred with Commissioners Taylor
and Dudziak, but stated he supported the request.
City of Colleyville
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Planning and Zoning Commission
Minutes - Draft
January 22, 2007
Commissioner Duffy moved to approve case G-07 -002.
Commissioner Byerly seeonded.
Commissioner Phelps stated the waiver request is not excessive or
overly burdensome compared to the value of the lots that
accommodate those trees.
Commissioner Dudziak concurred with Commissioner Phelps and
stated being appreciative of all of the work that has been done for
this project. He stated the ordinance is in place to allow for trees to
be planted in other areas of the city. He stated not supporting the
waiver request of the entire $152,000.
Commissioner Taylor stated not being supportive of anything
having to do with money, she stated wanting to keep the trees.
Commissioner Byerly stated he knows how hard Mr. Shirley has
worked in preserving as many trees as possible. He stated this is a
special situation because there are so many trees. It does not make
any sense to plant trees on top of trees. He stated being in support
of the waiver request as presented.
Commissioner Dudziak stated the Commission is not asking the
developer to plant additional trees on this property. A contribution
to the tree preservation fund allows trees to be planted anywhere in
the city, this being an advantage to the overall city. As part of this
Board, the ordinance is to be used as a tool to create additional
green areas. He stated a comparable amount could be funded to
the tree mitigation fund.
Commissioner Byerly stated the tree mitigation is not meant to be
punitive for Colleyville to pay for planting more trees; it is a way to
eneourage developers to save as many trees as possible. He stated
there is not enough room to plant anymore trees on the parcel and
have healthy tree growth. He stated the $30,000 is a fair value for
Mr. Shirley.
Commissioner Dudziak stated he has been told there is not enough
money in the tree fund to budget trees. He stated these builders
are going to charge a premium for these lots.
Commissioner Redfearn stated loving trees, however the property
is zoned residential and stated being inclined to vote for the
request as presented. But would be willing to compromise on the
mitigation payment, possibly being a higher payment
City of Colleyville
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Planning and Zoning Commission
Minutes - Draft
January 22, 2007
Commissioner Duffy stated the developer is putting in trees. But to
ask the developer to put in more trees, there would be trees on top
of trees which would not allow for healthy growth. He stated this
developer is doing what the tree preservation ordinance requires.
He stated the developer has presented a fair and equitable solution.
Commissioner Byerly stated the developer is going to replace 4,490
caliper inches of trees and he has 158 lots, which works out to 28.4
caliper inches per lot. To look at the 1/2 acre lots to be built in
Colleyville, it is tough to squeeze a pool, a three car garage, the
driveway and 28 caliper inches of trees on a lot. He stated not
being sure what else the Commission can ask the developer to do.
Commissioner Dudziak questioned staff regarding where does the
money go? Barry LeBaron replied in the tree fund. Commissioner
Dudziak questioned staff where can those trees be planted? Barry
LeBaron replied on any city facility. Commissioner Dudziak stated
it does not have to be planted on the existing property, does not
have to be planted on existing canopies and it can be used
anywhere in the city. Commissioner Dudziak stated he would like
to find a comparable number that could be reached for the
mitigation and put some additional funds into the mitigation fund.
He stated it would be good for the rest of the city to have some
additional funds to be used in the other parks. He suggested half of
the $152,000, that being $75,000.
Commissioner Redfearn concurred with Commissioner Dudziak.
Commissioner Phelps stated that number is roughly 20% of the
original fee. He stated the figure seems light. He stated not
knowing what the pereentages have been in the past to be able to
come up with a dollar amount. He stated something less than 50%
seemed to be a low starting point for that type of mitigation. He
stated appreciating the developers efforts.
The motion failed by the following vote:
Aye: 3 - Redfearn, Duffy, Byerly
Nay: 3 - Dudziak, Taylor, Phelps
Absent: 1 - McCormick
Commissioner Byerly questioned Commissioner Phelps if he had a
dollar amount in mind? Commissioner Phelps stated $75,000 was
mentioned, he stated that is closer. Commissioner Byerly stated it
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City of Colleyville
Planning and Zoning Commission
Minutes - Draft
January 22, 2007
appears that 30% is the percentage that has been used in the past.
He stated 50% is higher that what has been done in the past.
Commissioner Duffy stated the parkland dedication fee for this
development is $1,802 per lot, there are 158 lots in this
development which equals $273,000. He questioned staff regarding
what is that fee used for? Barry LeBaron replied that money is
used to build additional park facilities and could be used to plant
trees. Commissioner Duffy stated this developer is going to put a
park facility in the development and is going to put $273,000 dollars
in the parkland dedication fund.
Commissioner Taylor stated not knowing what previous
Commissioners have done, however, she stated recalling a
developer coming forward since she has been here and the
Commission denied the request.
Commissioner Phelps stated considering 30%, which would be
$60,000.
Commissioner Dudziak stated being happy with $60,000 in addition
to the $30,000 that is already on the board.
Commissioner Byerly stated there is a need for a compromise to
grant the waiver, so that in the future builders will not come in and
bulldoze their property just because they think the waiver request
would not be granted.
Commissioner Redfearn moved to approve ease G-07 -002 with the
25% of the 1820 caliper inches that require mitigation and require
that to be preserved. That 25% of 1820 is 455. The developer has
already agreed to the 300. Which leaves 155 still to be mitigated.
The waiver would be for 1365 caliper inches. The total fee to be
paid would be $45,500. Commissioner Byerly seconded.
Commissioner Phelps stated wanting to stay consistent with
previous arrangements. He stated this satisfies that. The code is
what it is and should be enforced. He stated supporting the work
that has been completed.
Commissioner Duffy stated for clarity that the developer could pay
the $45,500 or mitigate the 455 trees remaining.
The motion carried by the following vote:
City of CoJleyville
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Planning and Zoning Commission
Minutes - Draft
January 22, 2007
Aye: 4 - Redfearn, Phelps, Duffy, Byerly
Nay: 2 - Dudziak, Taylor
Absent: 1 - McCormick
Mr. Shirley stated he would pay the $45,500 at the time of grading
permit.
8. PUBLIC HEARING AGENDA ITEMS
8a Approval of a Zoning Change from AG-Agricultural to PUDC-Planned
Unit Development Commercial on 2.1 acres out of the J. L. Byas Survey
located at 6110 Colleyville Boulevard, Case Z-07-001
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Phelps questioned staff regarding if there is a clear list
regarding what specific uses will be permitted? Chris Fuller replied not
having something the Commissioners could view, however, he stated he
could read the uses to the Commissioners. He stated mostly offices
uses. Commissioner Phelps questioned staff if the uses are listed in the
Land Development Code under the new uses that have been approved?
Chris Fuller replied correct.
Commissioner Taylor questioned staff if this is an existing bank in
Colleyville that is wanting to relocate? Chris Fuller replied yes, this bank
will be relocating to this property.
Commissioner Byerly questioned staff if the bank is limited to the one
site in Phase I? Chris Fuller replied correct. Commissioner Byerly
questioned staff if another bank could locate on the Phase II site? Chris
Fuller replied theoretically one could.
Commissioner Byerly questioned staff regarding what are the
requirements for screening between commercial and residential? Chris
Fuller replied the 8-foot tall fence with the 20-foot landscape buffer with
evergreen planting material that will grow to six feet within two years, and
the developer has provided that. Commissioner Byerly questioned staff
if that matches the general requirements for screening? Chris Fuller
replied yes.
Commissioner Byerly opened the public hearing at 8:25 p.m
John Fegan, the applicant and developer, came forward to present the
case and brief the Commissioners. He stated he has worked with the
neighbors in the area and has addressed their concerns.
Commissioner Taylor complimented Mr. Fegan regarding having worked
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City of Colleyville
Planning and Zoning Commission
Minutes - Draft
January 22, 2007
with the home owners.
Commissioner Phelps questioned Mr. Fegan regarding if all of the
requests by the neighbors are in the proposed ordinance? Mr. Fegan
replied not seeing the one story application and moving the driveway
closer to Colleyville Boulevard. However, he stated, the moving of the
driveway can be worked out during the site plan approval process.
Commissioner Duffy questioned Mr. Fegan regarding if the box lights on
the side of the building are shielded or unshielded? Mr. Fegan replied
he has not determined that yet, but he stated he will make sure they do
not shine in the neighbor's backyards. He stated if the lights need to be
moved around, he will do so. .
Earl Morse, 1207 Hardage Lane, spoke in favor of the rezoning request.
Jack Condon, 6100 Ponderosa, spoke in opposition with the driveway
being shown on Hardage Lane. This driveway will be placed too closely
to his home. The traffic being generated would be increased. He stated
he would like to see the driveway on Hardage Lane eliminated. In
addition, he stated wanting a one -story facility.
Ernest Hedgcoth, 6012 Ponderosa, spoke in favor of the request as long
as the uses are limited to the CN-Neighborhood Commercial zoning
district uses, but to add the bank use. He stated being opposed to the
driveway as shown on Hardage Lane. He stated being in favor of a one
story facility.
There being no one wishing to speak, the public hearing was closed at
8:46 p.m.
Commissioner Duffy questioned staff regarding if TxDot has shared their
cuts on SH26? Barry LeBaron replied yes. Commissioner Duffy
questioned staff regarding why TxDot does not want two driveway cuts
on this property? Barry LeBaron replied there will be a median on SH26,
therefore the only way to come out of this property and go back north,
would be if there was a curb cut on Hardage, because there is not a cut
to come through the northern part of this property. Commissioner Duffy
stated since SH26 is going to be TxDot controlled, many of those
driveways that Mr. Condon referred to, are going to be removed. Barry
LeBaron concurred. Mr. Bartee stated typically TxDot will replace
current driveways. If they know a development is coming, they will look
at what that developer has proposed. He stated not knowing TxDot's
design criteria and their driveway spacing along SH26. He stated the
Engineering department can check to see if two driveways are allotted
for this property.
City of ColJeyville
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Minutes - Draft
January 22, 2007
Commissioner Byerly questioned staff regarding if there is a traffic light
planned for SH26 and Hardage Lane? Mr. Bartee replied no.
Commissioner Phelps questioned staff regarding if the exit onto Hardage
will be required to make a left hand turn onto SH26 because of the
divided road? Mr. Bartee replied there will be a continuous median
along SH26. TxDot has provided for dedicated left turn lanes at key
intersections and he stated he believed this to be one of those
intersections.
Commissioner Phelps questioned staff regarding if that driveway were
moved further down Hardage closer to SH26, would there be any issues
with emergency access navigating? Fire Marshal Rob McKeown replied
being ok with that provided that they could still meet the turning radius of
the fire lane. He stated the Land Development Code states 150 feet
apart. Mr. Bartee stated the Land Development Code states a
commercial driveway's minimum distance to an intersection with an
arterial road such as SH26, is 180 feet. Commissioner Phelps
questioned staff if there clarification would be made separate from the
decision the Commissioners made? Mr. Bartee replied yes, the
adjustments will be made to conform. He also stated, some will be
dependent on TxDots approval of disapproval of that request. He stated
if TxDot does not approve of the two driveway approaches on SH26,
then the engineering department will work with the developer to make
the driveway approach on Hardage Lane acceptable for the neighbors
and the code.
Commissioner Byerly questioned staff regarding what is the frontage that
this property has on Hardage? Chris Fuller replied 255 feet.
Commissioner Byerly stated if the driveway were to be moved 100 feet,
then it would be almost in line with what the code requires. Chris Fuller
concurred. Barry LeBaron stated TxDot has been doing a great deal to
eliminate the curb cuts on SH26 and an approval will be needed from
TxDot.
Commissioner Redfearn questioned staff if a plat will come forth that will
require the Commission's approval? Barry LeBaron replied yes.
Commissioner Redfearn questioned staff if the driveway issues would be
addressed at the time of platting? Barry LeBaron replied since this is a
PUD-Planned Unit Development request, staff would like for those
driveway guidelines to be addressed now. He stated if some guidance
where to be given as far as flexibility, staff can incorporate the language
in the ordinance as it moves forward to City Council. As written, the
ordinance will be tied to this site plan.
Commissioner Phelps questioned staff if the one-story restriction would
be tied to the zoning? Barry LeBaron replied yes, the Commission would
City of Colleyville
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Minutes - Draft
January 22, 2007
want to incorporate that into the motion.
Commissioner Dudziak moved to approve case Z-07 -001 with a
single story structure and that the exit onto Hardage is as close to
SH26 as permitted by the code. Commissioner Phelps seconded.
Commissioner Duffy stated he would like to have the box light
shielding incorporated into the motion. All accepted the
amendment.
Commissioner Byerly stated he would like to limit a bank only in the
Phase I portion of the development All accepted the amendment
Commissioner Byerly restated the motion as such: Motion to
approve case Z-07 -001 made by Commissioner Dudziak with
limiting the buildings to one story, providing light shielding so that
light only reflects on the property, that a bank can only be built on
Phase I and moving the Hardage Lane driveway exit as close to
SH26 as allowed by code. Commissioner Phelps seconded.
The motion carried by the following vote:
Aye: 6 - Dudziak, Redfearn, Taylor, Phelps, Duffy, Byerly
Absent: 1 - McCormick
9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
Barry LeBaron stated the master plan review will be on the February 12,
2007 agenda to review all of the zoning cases from the previous year.
Barry LeBaron introduced Jeremy Hutt as the new employee in
engineering who is going to be the development engineer.
10. COMMISSIONERS' COMMENTS AND REPORTS
Commissioner Taylor stated she sees this board as a planning
commission as well as. a zoning commission. She stated being
concerned with all of the banks that are coming to Colleyville Boulevard.
She questioned what will happen to those buildings when those banks
start folding? Commissioner Byerly suggested turning those buildings
into office space.
11. ADJOURNMENT
The meeting adjourned at 9:00 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, January 18, 2007 by 5:00 p.m.
City of Colleyville
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Planning and Zoning Commission
Minutes - Draft
January 22, 2007
Amy Shelley, Planning and Zoning Assistant
City of ColleyvilJe
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
File Type: Case
Status: Commision Action
Items
Controlling Body: Planning and
Zoning
Commission
Version: 1
Agenda Date: 02/12/2007
Requester: Community Agenda No.: 7a Final Action:
Development
Department
File Name: Approval of a Final Plat of Copperglen Addition on 5.6 acres located at 3798 - 3804 Glade
Road, Case P-07-008
Attachments: Location and Zoning Map . Development Review Committee Memo . Applicant's Response
. HOA Documents. Plat
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 02/12/2007 Planning and Zoning
Commission
Title
Approval of a Final Plat of Copperglen Addition on 5.6 acres located at 3798 - 3804 Glade
Road, Case P-07 -008
Explanation
3798 Glade Management, LLC, is the owner and developer of 5.6 acres, located at 3798 to
3804 Glade Road. The developer has submitted a final plat, which will subdivide the
property into 22 lots for the construction of single family residential detached dwelling units
and 5 open space lots. City Council approved the preliminary plat on December 19, 2006.
The following is an analysis of the issues associated with this final plat.
Zoning. The proposed plat area is zoned PUDR-Planned Unit Development Residential.
The PUDR zoning was approved by the City Council on October 17, 2006, with the approval
of Ordinance 0-06-1595, which contains several development standards. The final plat has
been reviewed per the regulations of the Land Development Code and the standards
contained in the PUDR ordinance for this development.
The minimum lot size required in this PUDR is 5,924 square feet. All of the lots satisfy this
requirement. The PUDR regulations require a minimum 20% of the development be
reserved for open space for use by the residents of the development. The proposed plat
contains numerous open space lots that total 20% of the development.
City of Colleyville
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Agenda Briefing Continued
Sidewalks and Trails. The 2005 Colleyville Pathways Plan requires a 10-foot wide trail
along the north side of Glade Road. The developer is not required to construct the trail,
since it is being constructed in conjunction with the roadway improvements for the Glade
Road widening project. The developer proposes to construct a5-foot wide sidewalk along
the north side of the internal street, in accordance with the approved zoning ordinance.
Drainage. The developer has submitted a drainage study of the site, which has been
reviewed and accepted by the Colleyville Engineering Department. According to the
drainage study, the development will provide on-site detention. The developer has provided
information showing that the amount of open space proposed for detention and retention is
less than the 25% maximum contained in the PUDR regulations.
Gated/Private Street Development. The development will be a gated/private street
subdivision with the primary entrance to the development located on the east side of the
development along Glade Road. The developer has submitted the necessary Homeowner's
Association (HOA) documents for review by the City, in accordance with Chapter 10 of the
Land Development Code. The HOA documents indicate that the streets and drainage
systems within the development are privately owned and maintained by the HOA, and that
the City has no obligation to maintain the private streets and drainage systems. A note has
been provided on the plat stating the HOA is responsible for construction and maintenance
of the private road.
Access. The development will have primary access on the east side of the development
from Glade Road. A secondary, exit only access, located further to the west from the main
entrance, will be provided for residents. All gates will be fitted with a Fire Department
approved two-way Opticom system.
Transportation Facilities. Glade Road is currently a narrow, two lane facility that does not
meet current design standards. At the November 14, 2006, City Council meeting, the City
Council approved a construction contract for the roadway improvements of Glade Road
from Heritage Avenue and westward to the intersection with Martin Parkway, which extends
across the front of the subject property. The reconstruction project will increase the width of
the driving lanes to standards of approximately 15-feet wide and add dedicated left turn
lanes at the major street intersections. The major source of funding for this roadway
improvement project is from the Texas Department of Transportation. The awarding of the
contract eliminates the responsibility for perimeter street improvements from the developer
of the subject property. However, any modificaUons required along Glade Road to
accommodate access to the subject property will be an expense to the developer and not to
the City of Colleyville.
Roadway Impact Fees. The development will pay roadway impact fees for each dwelling
unit constructed at time of building permit. These fees are used to fund roadway
improvements for the major collector roadway system as shown on the Master
Thoroughfare Plan. At the present time, the roadway impact fee is $1,962 per residential
unit. The proposed development contains 22 residential lots applicable to this fee.
Parkland Dedieation Fees. The development will pay parkland dedication fees in the
amount of $1,802 per residential lot for those 22 lots where new homes are proposed.
City of Colleyville
Page 2
Printed on 2/7/2007
Agenda Briefing Continued
Parkland dedication fees are due at the time of final plat. The fee must be paid before the
plat is recorded with the County Clerk's Office.
Applieation Completeness. The application was considered complete on January 31,
2007.
Summary. The developer has addressed all Development Review Committee comments.
The proposed development satisfies the platting standards contained in the Land
Development Code and the special requirements of PUDR Ordinance 0-06-1595.
Recommendation
Approval
City of Colleyvi/le
Page 3
Printed on 2/7/2007
Location and Zoning Map
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE January 23, 2007
TO Dave Hannah
FAX NO 817.485.7111
FROM Chris Fuller, Development Coordinator
SUBJECT P-07-008 Copperglen Final Plat
The Colleyville Development Review Committee (DRC) has reviewed your plat request
submitted to this office. The following comments are for your consideration.
The Following Comments Require a Response from the Applicant:
1. Provide an illustration that verifies the proposed perimeter fencing along Glade Road will
be similar in design and materials to the perimeter fencing of the adjacent development.
This is a request, not a condition of plat approval.
2. Revise the lot width to 55-feet for Lot 8, Block 1. As shown, the lot width does not meet
the 55 foot lot width standard as prescribed by Ordinance 0-06-1595.
3. Revise the lot width to 55-feet for the Typical Lot Layout exhibit. As shown, the lot width
does not represent the typical 55 foot lot width standard as prescribed by Ordinance 0-06-
1595 and as typically found within the development.
4. Revise the lot size to 5,924-feet for Lots 5, 11 and 14, Block 1. As shown, the lot size
does not meet the 5,924 foot minimum lot size standard as prescribed by Ordinance 0-06-
1595.
5. Provide a note on the plat stating that the emergency access gate will be equipped with an
Opticom system with 3M brand emitters, similar to the note on the approved preliminary
plat.
6. Revise Note 1 within Conditions of Approval to add Lot 5, Block 1, as it is an open space
lot.
7. Revise Note 1 within Conditions of Approval to add "open space" or "private open space"
to indicate no building permits will be issued for these lots.
8. Provide a copy of the HOA documents for review by the city attorney's office.
100 Main Street, Colleyville, Texas 76034 - 817.503.1050
DEVELOPMENT REVIEW COMMITTEE
P-07-008 COPPERGLEN RNAL PLAT
9. Provide the following signature blocks on the plat exhibit:
PLANNING AND ZONING COMMISSION ApPROVAL
WHEREAS The Planning and Zoning Commission of the City of cOIleyvi1le, Texas \IOled afIirmativeIy on this _ day of
, 20-, to approve this Plat.
Chairman, Planning and Zoning Commission
Attest: Secretary, Planning and Zoning Commission
CITY COUNCIL ApPROVAL
Whereas the City Council of the City of Colleyville. Texas voted affirmatively on this day of
. 20_, to approve of this Plat.
Mayor, City of Colleyville
Attest: City Secretary
In Your Response Letter, Acknowledge the Following Information:
7. The access gates will require Opticom with 3M brand emitters. Contact Robert
McKeown, Fire Marshall, 817.488.6277, for more information.
8. Hydrants and streets signs must be installed prior to construction above foundation.
Contact Robert McKeown, Fire Marshall, 817.488.6277, for more information.
9. Gate approval requires a separate permit review process. Contact Robert McKeown, Fire
Marshall, 817.488.6277, for more information.
PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the
plat.. As new vacant lots would be created by the plat, the payment of parkland dedication fees is
required for this development. The fee for single-family residential development is $1,802 per
new lot. Not applicable for lots with existing houses on property.
SIDEWALKS AND TRAILS. This property is subject to the provision of the Colleyville Pathways
Plan, which requires construction of hike and bike facilities along Glade Road. The Pathways
Plan requires a 10-foot wide trail along Glade Road. The trail will be constructed by the city as
part of the public improvements to Glade Road. Per Ordinance 0-06-1595, sidewalks are
required along one side of the interior street. The internal sidewalk shall be at least 4-feet wide
and installed when any new residence is constructed on the property.
PAGE20F4
DEVELOPMENT REVIEW COMMITTEE
P-07 -008 COPPERGLEN RNAL PLAT
TREE PRESERVATION. Trees not located within the right-of-way or within under the pad site must
be preserved during construction. Before construction begins on the site, protective fencing must
be installed around all preserved trees located outside the right-of-way. The fencing must be
located at the dripline of the preserved trees. The protective fencing may be comprised of orange
vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The
fencing must remain in place during the entire construction period.
TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat
approval, upon application for a clearing and grading permit. A copy of the approved subdivision
lot layout should be overlaid onto the tree survey in order to show the size and type of existing
trees within the building setback areas. Trees within with right of way and building pad are
exempt from the tree mitigation requirements and do not have to be shown on the survey. Provide
a table on the exhibit that lists the size, per caliper inches, and type of trees within the building
setback areas within each lot.
IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on a newly platted lot. The fees listed below are intended to provide
general information on the fees that could be assessed for this project. The actual fee paid may be
different depending upon the specific plans for construction or other arrangements provided for by
a City-Developer Agreement.
Please note the revised impact fee schedule as adopted by City Council. The new rates will go
into effect for building permits issued on or after April 1 , 2007.
SEWER
$2,187 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot.
$2,491 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$643 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
ROADWAY
WATER
The following impact fee schedule is applicable for building permits issued on or before March
31,2007.
SEWER
Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE
FAMILY RESIDENTIAL uses for new lot.
$2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
ROADWAY
WATER
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, February 12,2007,7:00 p.m.
Tuesday, March 6, 2007, 7:30 p.m.
Please submit the following to our offices:
PAGE3oF4
DEVELOPMENT REVIEW COMMITTEE
P-07 -008 COPPERGLEN ANAL PLAT
. A written letter stating that each comment has been addressed or stating reasons why the
requirement should be modified or waived;
. One copy of the proposed fence illustration;
. 20 full size copies of the revised exhibit and one reduced copy (8.5 X 11).
The above requested items must be submitted no later than noon on Tuesday, February 6, 2006,
in order to make the scheduled hearings. Please contact me at fullerc@ci.collevville.tx.us or
817.503.1054 if you have any questions.
PAGE4OF4
3798 GIIMIe Mal....... u.c
3798 Glade Management, llC
P.O. Box 92543
Soulhlake. TX 76092
February 6, 2007
Mr. Chris Fuller, Development Coordinator
City of Colleyville
100 Main Street
CoIIeyville, TX 76034
RE: P-07-008 Copperglen Final Plat
Dear Mr. Fuller:
Please note the following responses to your comments for the referenced project:
1. Coordinating with Mady Development Corp to ensure quality transition from Heritage Oaks to
Copperglen through the use of similar material and design.
2. Corrected to meet 55-feet minimum width.
3. Corrected to reflect 55-foot requirement
4. Corrected to meet minimum lot size of 5924SF for all buildable lots.
5. Added note regarding use of Opticom system for emergency/exit gates.
6. Corrected to include lot 5 in open space.
7. Corrected to reflect open space designation.
8. Draft HOA document included with response.
9. Added.
In addition. Copperglen will include an Opticom system for all gate entry systems as required. Hydrants
and street signs will be installed prior to any construction of residences above foundation. All gate
systems win obtain approval from Robert McKeown, Fire MarshaH, as required.
Pleaseconlacl me~iIionaI questioosorcammenls.
Robert Ward
3798 Glade Management, LLC - Partner
RECEIVED
FES 0 6 2007
Pef .............
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FOR COPPERGLEN
THE STATE OF TEXAS :
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT:
This Declaration of Covenants, Conditions and Restrictions (the "Declaration") is made and entered into by
3798 Glade Investment, Ltd, a Texas Limited Partnership, ("Declarant"). Declarant is the sole owner of
Block I, Lots I through 18; Block 2, Lots I through 9; and Block 3, Lot I in Copperglen, an Addition to the
City of Colleyville, (the "City"), County of Tarrant, State of Texas, according to the plat thereof (the "Plat")
attached hereto as Exhibit "A" and recorded in Cabinet , Slide , of the Plat Records of
Tarrant County (the "County"), Texas (the "Addition").
NOW, THEREFORE, Declarant declares that the Addition shall be held, transferred, sold, conveyed and
occupied subject to the covenants, restrictions, conditions, easements, charges and liens hereinafter set forth
which are for the purpose of establishing a plan for the development of aU of the lots as depicted on the Plat
(Lots") and residences to be constructed in the Addition and for the purpose of protecting and enhancing the
value, attractiveness and desirability of said Lots and residences and which shall run with the land and be
binding on all parties having or acquiring any right, title or interest in the Addition or any part thereof and
which shall inure to the benefit of each owner thereof.
This Declaration shall run with and bind the land and shall remain in full force and effect for a term of thirty
(30) years after this Declaration is recorded. This Declaration shall be automatically extended for successive
periods often (10) years, unless by a vote of seventy percent (70%) of the then owners of the Lots it is agreed
to change this Declaration in whole or in part.
If any person shall violate or attempt to violate any provision of this Declaration, Copperglen Homeowners
Association ("the Association" (as hereinafter defined)), any person or persons owning any Lot(s) in the
Addition, and Declarant (whether still the owner of any Lot(s) or not), shall have the right to prosecute any
procedure at law or in equity to address such violation or attempted violation, and either to prevent such
violation from occurring or to recover damages or other remedies for such violation. Furthermore, such
plaintiff may by order of the court, enter upon any Lot and remedy such violation. The cost thereof shall
attach to such Lot as a lien to be paid in full out of the subsequent sale of such Lot, and shall, additionally,
become the personal or corporate obligation of the owner of record of such Lot or Lots in violation of this
Declaration.
Invalidation of any provision of this Declaration by judgment or court order shall in no way affect any of the
other provisions which shall remain in full force and effect
All utility, sanitary sewer service, and emergency access easements are hereby dedicated to the public unless
specifically stated otherwise in the granting instruments filed of record. However, any areas designated as
"Private Open Space" on the Plat ("Private Open Space"), "Open Space" on the Plat ("Open Space"), and
other areas and amenities designated as "Common Areas" and "Common Amenities" in this Declaration shall
be for the use of the owners of Lots ("Lot Owners") encompassed herein and shall not be construed as being
for the use of the general public.
SECTION I:
RESIDENTIAL USE
Lots within the Addition and each of them, except those designated as Private Open Space, Open Space, or
Common Areas, are to be used for single family residential purposes only. No building or structure intended
for or adapted to business purposes shall be erected, placed, permitted. or maintained on such premises
except for the purposes of marketing the Addition or residences thereon. None of the Lots shall be divided
into smaller Lots. None of the Lots shall be platted into larger Lots without the prior written consent of the
Architectural Control Committee (the "Committee"), as defined in Section 14.
RECEIVED
FEB 0 6 2007
1
( Pef ........ ......
The re~trictions on use herein contained shall be cumulative of: and in addition to such restrictions on usage
as may from time to time be applicable under and pursuant to the statutes, rules, regulations and ordinances
of the City, or any other governmental authority havingjmisdiction over the Addition.
No building structure on any lot shall exceed two and one-balf (2 Y2) stories in height. With reference to
building lines, a residence ( "Residence") shall include galleries, porches, porte cochere, gazebos, projections
and every other permanent part of the improvements. Steps, terraces and planters outside of building lines
will be permitted, however, provided that these elements may not extend higher than two feet (2') above
finished grade lines at the house.
Each Residence may be occupied by only one family consisting of persons related by blood, adoption or
marriage or no more than two (2) unrelated persons living and cooking together as a single housekeeping
unit, together with any household servants.
No building or structure upon any Lot may be permitted to fall into disrepair. Buildings must at all times be
kept in good condition, adequately painted or otherwise finished.
SECTION 2:
LANDSCAPING, SPRINKLER SYSTEMS AND
RETAINING WALLS OR THE LIKE
No landscaping may be installed without the prior written approval by the Committee of a landscape plan
showing the proposed landscape design, plant and other materials, irrigation layout and other details and
describing fencing, exterior lighting and other matters required by the Committee. Landscaping of a Lot
shall be completed within thirty (30) days of issuance of a Certificate of Occupancy by the City.
Each Lot on which a Residence is constructed shall bave and contain an underground water sprinkler system
for the purpose of providing sufficient water to preserve and maintain the landscaping in a healthy and
attractive condition to the front, side and rear yard areas including those situated outside of the fences, walls
or hedges. Landscaping of a Lot shall include the planting of a minimum of five (5) trees with a minimum
diameter of three (3) inches measured above the base of the tree trunk. The trees shall be of a variety
approved by the Committee. Acceptable varieties of trees shall include the following: Live Oak, Red Oak,
Chinquapin Oak, Sweet Gum, Pictachio, Bradford Pear, Red Bud, Cedar Elm. Other varieties may be
acceptable with approval by the Committee prior to planting. Decorative plants (such as crape myrtle,
yaupon holly, cherry laurel) may be used for landscaping, but shall not be included as acceptable varieties of
trees. Each Lot Owner shall keep, preserve and maintain the landscaping in a healthy and attractive
condition. All retaining walls, planter walls, mail boxes, or fences shall require written approval by the
Committee. Mail boxes shall be duplex (serve two (2) homes), shall be of a design and in a location
designated by Declarant, shall be constructed by the first Residence to be built and the cost reimbursed one-
half (l/2) by the adjacent Residence sharing the mailbox location.
SECTION 3:
SIZE AND CONDITION OF HOUSE
The total air-conditioned living area of the main Residence constructed as a one-story residence on any Lot,
exclusive of porches and garage or breezeways attached to the main dwelling, shall be not less than 2,600
square feet, with a deviation often percent (10010) with approval by the Committee. A two-story Residence
must have a minimum living area of2,600 square feet with a minimum of2,OOO square feet of living area on
the ground floor.
All building structures shall be constructed of brick, brick veneer, stone, stone veneer, stucco or other
exterior materials approved by the Committee to the extent of at least eighty percent (80010) of the total
outside area. Openings and glass area shall be considered to be of the material which is on either side of the
opening or glass area.
2
Any windows on the front elevation of the Residence windows visible from the street shall be wood windows
with wood framing or acceptable alternative as approved in writing prior to construction by the Committee.
The construction plans and specifications for each building structure shall include the installation of smoke
detectors and such other security devices which, from time to time, become technologically feasible for
residential use.
SECTION 4:
GARAGES
Each Residence erected shall provide garage space for a three (3) car maximum capacity, and the minimum
space for a two (2) car capacity of conventional automobiles. All garage doors shall be equipped with an
automatic and remote controlled electronic door opener; all garage doors shall be closed at all times when
not in use. All garage doors where visible from a street or Open SpacelPrivate Open Space shall be recessed
a minimum of twelve (12) inches from the face of the exterior wall and shall be the "Coach House" style
with wood trim matching the dwelling style. Garage structures may face the front property line only if they
are constructed a minimum of twenty (20) feet from the front building line and are approved by the
Committee. Any garage or garage entry constructed adjacent to any Open SpaceIPrivate Open Space shall
require appropriate screening as determined by the Committee. Any and all proposed garage plans and
specifications must be submitted to the Committee for review and approval prior to construction.
SECTION 5:
ROOF AND EXTERIOR SURF ACE
All pitched roofs shall be not less than an 8/12 pitch. In order to accommodate a distinctive design or style,
such as Mediterranean, the Committee may, in its sole discretion, permit an alternate roof pitch. AU roofs
shall be constructed of approved 30 year premium grade asphalt dimensional shingles in the slate blend or
weathered wood color, slate, copper, clay tiles, reinforced masonry tiles or other materials approved by the
Committee. The color, the manufacturer, and the quality of all roofmg materials must be approved in writing
by the Committee pror to construction.
In that all exterior surfaces of any structure within the Addition shall be constructed of glass, brick and other
materials, the Committee is specifically authorized to require a continuous, uniform surface with respect to
all improvements which affect the appearance and image of the structure. Installation of all uncommon types
of exterior items and surfaces such as address numbers or external ornamentation, lights, exterior paint or
stain shall be subject to prior approval of the Committee.
AU types of antennas (including without limitation radio or television transmitting or receiving antennas)
shall be installed within the Residence or building structures so that no antennas are visible from the streets,
neighboring lots or Open SpacelPrivate Open Space. However, digital antennas with a maximum radius of
18 inches may be installed on the exterior of the Residence if the location is approved by the Committee prior
to installation. Such digital antennas shall not be located on the roof but shall be located only on the wall
below the eaves or on a ground pedestal.
Utility lines, clotheslines, garbage cans, equipment, woodpiles, or storage piles shall be enclosed to conceal
them from the view of neighboring Lots, Open Spaces/Private Open Spaces, and streets. Plans for aU
enclosures of this nature shall be approved by the Committee prior to constnlction. All electrical service and
telephone lines shall be placed underground and no outside electrical lines shall be placed overhead. Any
waiver of these restrictions shall not constitute a waiver as to other Lots or lines or antennas.
SECTION 6:
LOCA nON OF BUILDING STRUCTIJRES
No building structure shall be erected on any lot nearer to the front property line, rear property line, or nearer
to the side property line than the building lines shown on the Plat. In any event, no building structure shall be
located nearer than fifteen (15) feet to the front property line, or twenty (20) feet if it is a front facing garage.
No pennanent building structure may be placed in a utility easement
3
SECTION 7:
DRIVEWAYS,
APPROACHES AND SIDEWALKS
Driveway locations must be coordinated with locations of electrical transformers in easements along side Lot
lines. The exact location of driveways and transformers shall be approved by the Committee. Concrete
driveways shall have expansion joints not more than twenty (20) feet apart, with an expansion joint at the
back side of the driveway and adjacent to the sidewalk and approach. The width of the driveway shall be no
more than twelve (12) feet and shall flare to an adequate width. The finish of the driveway shall be stamped
concrete, pavers, brick, or washed aggregate with stamped concrete, pavers or brick edges and accents. The
fmish of the driveway must be approved by the Committee prior to construction. The drive approach shall be
constructed in such a manner as to conform to City specifications. All sidewalks (if required) will be of a
broomed or brushed fmish (no washed aggregate finish). The walks from the street curb to the Residence
shall have a minimum width of three (3) feet. All walks required by the City will be constructed according to
city specifications and shall comply with guidelines set forth by the Americans Disability Act, where
applicable.
SECTION 8:
FENCES, WALLS, HEDGES AND SIGNS
All fences and walls shall be constructed of brick, natural stone or wrought iron and shall be approved by the
Committee prior to construction. On all Lots, no fence, wall or hedge shall be placed on any Lot in the
Addition nearer to any front or to any side street than is pennitted for the Residence on said Lot, and no
fence, wall or hedge located between interior lot lines and building setback lines shall be higher than eight (8)
feet from the ground unless it is an integral part of the Residence or building structure and approved by the
Committee. All front elevation fencing shall be wrought iron. On adjacent Lots, the builder of the common
fence may not encroach on the adjacent Lot without prior consent by the adjacent Lot Owner, except to the
extent that the common fence may be centered on the common property line. The cost of the common fence
shall be borne one half by each of the adjacent Lot Owners with prior written approval by the adjacent Lot
Owner. Privacy screening around pools, patios, decks. etc., shall be accomplished with wrought iron
fencing and with hedges, trees or other suitable plants. Should a hedge, shrub, tree, or other planting be so
placed, or afterward grow, so as to encroach upon adjoining property, such encroachment shall be removed
upon request of the affected Lot Owner or the Committee. Should any encroachment be upon a right-of-way
or easement, it shall be removed promptly upon request of the Committee or any authority owning easement
rights. Such encroachment is wholly at the risk of the Lot Owner and removal shall be solely at the Lot
Owner's expense.
No sign or signs shall be displayed to the public view on any residential lot, except:
(b)
Any builder, during the applicable initial construction and sales period, may utilize one
professional sign of not more than twelve (12) square feet in size per lot for advertising and
sales purposes; such signs must be displayed within a uniform frame design to be
designated by the Committee or Declarant.
Thereafter, one (I) dignified "for sale" sign of not more than six (6) square feet in size may
be utilized by a Lot Owner for the applicable sale situation; and
Development related signs owned or erected by Declarant shall be permitted.
All signs must comply with City regulations.
(a)
(c)
(d)
SECTION 9:
GARBAGE AND TRASH COLLECTION; LOT UPKEEP
No Lot shall be used or maintained as a dumping ground for rubbish, trash or garbage. All garbage shall be
kept in sanitary containers in appropriate locations which may be specified by the Committee. Garbage
containers shall be situated and enclosed and screened so as not to be visible from any residential street
unless otherwise directed by the City.
If a Lot Owner, or person or entity who has entered into a written Agreement to purchase a Lot from
Declarant, shall fail to: (a) control weeds. grass and/or other unsightly growth; (b) remove trash, rubble,
4
building and construction debris; or (c) exercise reasonable care or conduct to prevent or remedy unclean,
untidy or an unsightly condition, then the Committee shall have the authority and right to go onto said Lot for
the purpose of mowing and cleaning said Lot and shall have the authority and right to assess and collect from
said Lot Owner a reasonable fee for mowing or cleaning said Lot on each respective occasion of such
mowing or cleaning. The assessment, together with such interest thereon and costs of collection thereof:
shall also be a continuing personal obligation of the person who was the Lot Owner at the time when the
assessment occurred. The lien securing any such assessment shall only be subordinate and inferior to the lien
of any mortgage and any renewals or extensions thereof existing prior to the assessment date.
SECTION 10:
STORAGE OF VEmCLES AND EQUIPMENT
No vehicles, boats, trailers, recreational vehicles, campers or equipment may be parked on a Lot or stored
outside the garage. No vehicles, boats, trailers, recreational vehicles, campers or equipment may be parked in
the street adjacent to a Lot for more than 24 hours without prior consent of the Committee. No gas engines
shall be operated in motor homes or other vehicles. Such violating vehicles and equipment may be towed
and impounded at the expense of the offending Lot Owner. This restriction shall not apply to any vehicle,
machinery or equipment temporarily parked and in use for the construction, maintenance or repair of a
Residence in the immediate vicinity.
SECTION 11:
PRIVATE OPEN SPACE; COMMON AREAS
Open Space, Private Open Space, Common Areas, and Common Amenities shall include but not be limited
to:
1.
2.
Masonry and wrought iron walls and fences constructed by Declarant or the Association located on
or adjacent to Private Open Space or Common Areas;
Designated parks, common access easements and Common Areas provided by Declarant or the
Association;
Entry ways and gates constructed by Declarant or the Association;
Ponds and fountains constructed by Declarant or the Association;
Sidewalks and walkways in Common Areas constructed by Declarant or the Association;
Landscaping and irrigation systems provided by Declarant or the Association;
Wells and pumps installed by Declarant or the Association;
Lights and electric service in Open Space/Private Open Space or Common Areas provided by
Declarant or the Association; and
Any and all other amenities provided by Declarant or the Association for the obvious and apparent
use, enjoyment and mutual benefit of all the Lot Owners in the Addition.
3.
4.
5.
6.
7.
8.
9.
SECTION 12:
OFFENSIVE ACTIVITIES
No noxious, loud or offensive activity as determined by Declarant or the Association shall be conducted on
any portion of the Addition that will adversely affect the peace, quiet, comfort or serenity of the other Lot
Owners.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any Lot, except that not more
than two (2) domestic household pets may be kept, provided that they are not kept, bred or maintained for
commercial purposes. Domestic household pets shall not be a noise or odor detraction to neighbors. It is the
pet owner's responsibility to keep the Lot clean and free of pet debris and to conform with all City
ordinances and regulations affecting animals within the City. All animals must be properly tagged for
identification.
No oi~ gas or mineral drilling, development operations, refining, quarrying or mining operations of any kind
shall be permitted upon or on any Lot.
No Lot shall improperly discharge (as determined by Declarant or the Association) water, waste materials,
chemicals or other materials onto the adjacent Lots, Private Open Space, Common Areas or streets.
5
SECTION 13:
EASEMENTS; UTILITIES
Easements and access easements for the installation and maintenance of utilities, screening fence and
drainage facilities are reserved as shown on the Plat. No aerial utility facilities of any type (except meters,
risers, service pedestals, pre-existing power poles and lines, and other surface installations necessary to
maintain or operate appropriate underground facilities) shall be erected or installed in the Addition whether
upon individual Lots, Open Space, Private Open Space, Common Areas, easements, streets, or rights-of-way
of any type, either by the utility company or any other person or entity. All utility services including but not
limited to water, sewer, gas, electricity and telephones shall be buried underground unless required by
Declarant or by the City.
All utility meters, pool equipment, air conditioning compressors and similar items must be visually screened
from streets, adjacent lots and Open SpacelPrivate Open Space and shall be located in the areas designated
by the Committee. Pursuant to requirements by the utility company providing electricity for the Addition
(the "Utility Company"), the following provisions and covenants are to run with the land within the Addition
with the same force and effect as all other provisions of this Declaration:
Electric service of the type known as 120/240 volt, single phase, 3 wire, 60 cycle, alternating current has
been made available to each Lot by means of underground facilities at a cost in excess of the cost of service
provided by the usual and standard overhead facilities, and each Lot Owner acknowledges for such Lot
Owner and such Lot Owner's successors and assigns that electric service of any character other than that
herein described will not be available except at added cost to such Lot Owner. Since electric service is to be
furnished to each of the Lots solely by underground facilities, each Lot Owner agrees for such Lot Owner
and such Lot Owner's heirs, successors and assigns, that such Lot Owner will pay for, install and maintain
the necessary underground facilities to connect the Lot Owner's installation with the service wire to the
utility company providing electricity at the point of delivery of electric energy. Gas service will be provided
at a designated point adjacent to each Lot and shall be connected in a similar manner.
SECTION 14:
ARCHITECTURAL INTEGRITY AND CONTROL
No building or structure of any type shall be erected or altered on any Lot in the Addition until two (2)
complete sets of building plans (which shall clearly indicate all exterior materials) and a plat of the location
of such building(s) shall have been delivered to the Architectural Control Committee (the "Committee"),
designated as hereinafter provided and until one (1) set of such building plan and plot plan shall have been
marked "approved" by the Committee as being in conformity and harmony with the external design and
location of the existing structures of the Addition and in compliance with the restrictions herein contained.
Any plans marked "Disapproved" must be accompanied by a reasonable written explanation of the items
found lacking. In such event, the BuilderlLot Owner must submit two (2) sets of revised plans for the
Committee's review.
The Builder/Lot Owner shall submit two sets of said plans by 5 p.m. on any Monday to receive approval or
disapproval by 5 p.m. the immediately succeeding Friday.
Declarant shall have the authority to undertake any action that may be undertaken by the Committee under
this Declaration, and to repeal or override any Committee decision in Declarant's sole discretion. Declarant
shall have the authority to appoint the members of the Committee and to remove without cause any person
serving on the Committee. The Committee shall consist of not less than two nor more than three members,
and the Declarant shall also have the authority to fill any vacancies in the Committee. The Committee is
authorized to delegate to one or more representatives authority to perform the duties of the Committee set
forth herein.
In exercising its authority herein. the Committee shall use its reasonable best efforts to ensure a high level of
taste, design, quality, harmony and conformity throughout the Addition consistent with this Declaration. In
6
all matters where prior approval of the Committee is required, such approval must be in writing and signed
by an authorized representative of the Committee.
The Committee shall in no event be liable for any action or failure or refusal to act pursuant to the provisions
hereof. The Committee shall receive no fees or compensation for its services.
SECTION 15:
INGRESS - EGRESS
Each Lot Owner agrees for such Lot Owner and such Lot Owner's heirs, assigns or successors in interest that
such Lot Owner will permit free and reasonable access by Declarant or the owner of adjacent or adjoining
Lots when such access is necessary for the construction, reconstruction, refinishing, repair, maintenance, or
alteration of improvements to such Lots, Open Space, Private Open Space, Common Areas, street or other
areas. The access shall be limited to an area not more than five (5) feet in width along or parallel to the
property line. Access shall only be at reasonable times and shall be permitted only after written notice has
been given to the Lot Owner stating the purpose of the access. In no event shall such access be deemed to
permit entry into the interior portions of any building structure. Any damage caused by such access will be
repaired at the expense of the Lot Owner causing such damage.
SECTION 16:
SIDE YARDS, WALLS AND FENCING
Each of the Lots shall have an extended side yard ("Extended Side Yard") which shall extend into the
adjacent Lot as follows:
Lots 1 through 10, Block 1, shall have an Extended Side Yard over the South or West Lot line of said Lots,
extending past the North or East Lot line of the adjacent Northern or Eastern Lot and to the South or West
exterior wall of the Residence on such adjacent Lot.
Lots 11 through 15, Block 1, and Lots 16 through 22, Block 2, shall have an Extended Side Yard over the
North Lot line of said Lots, extending past the South Lot line of the adjacent Southern Lot and to the North
exterior wall of the Residence on such adjacent Lot.
The wall of any Residence adjacent to any Extended Side Yard ofa Lot shall not have windows facing such
Extended Side Yard, but the following exceptions may be allowed with the prior approval of the Committee:
(A) Glass tile (minimum height eight (8) feet above the slab)
(B) Approved opaque or stained glass (minimum height eight (8) feet above the slab)
(C) A recessed garden area may be constructed behind a solid eight (8) foot high masonry wall on
the Lot adjacent to the Extended Side Yard with the prior approval of the Committee.
Furthermore, in no case shall the utility meters, pool equipment, air conditioning compressors and similar
items be placed in the Extended Side Yard of an adjacent Lot. The electric panel and/or gas meter may be
placed in such Extended Side Yard, if located within fifteen (15) feet of the front building line with prior
approval by the Committee.
The effect of this Section 16 shall be to create an easement for the exclusive use and enjoyment of the
Extended Side Yard by each Lot Owner, but shall not preclude the adjacent Lot Owner from entering the
Extended Side Yard for the purposes and subject to the terms of Section 15.
Lots II, Block I, and Lots 19 and 20, Block 2, are end Lots and may have windows on either side of the
Residence as approved by the Committee for acceptable design.
SECTION 17:
COVENANT TO COMPLETE CONSTRUCTION
The initial Lot Owner of each Lot will purchase such Lot from Declarant for construction of a single family
residential dwelling on such Lot in accordance with this Declaration. Each Lot Owner convenants that such
Lot Owner shall not sell or contract to sell such Lot to any third party prior to the "Commencement of
7
Construction" of a permanent single family residence thereon without the prior written consent of Declarant.
Commencement of Construction shall mean (a) architectural plans have been approved by the Committee, (b)
a building permit has been issued by the City, and (c) the foundation of the Residence has been completed.
In addition, each Lot Owner covenants to complete Commencement of Construction of a single family
Residence within sixty (60) days following the date of closing on the acquisition of any Lot within the
Addition. If Commencement of Construction has not occurred within sixty (60) days following the date of
the Lot closing, Declarant shall have the right to re-purcbase the Lot pursuant to the terms of a separate
agreement between Declarant and such Lot Owner addressing such contingency, or, in the absence thereo~
for the amount of the purchase price paid for such Lot by such Lot Owner. Such right shall terminate upon
Commencement of Construction.
Each Lot Owner hereby covenants to complete the construction within six (6) months after Commencement
of Construction. Completion shall.occur when a Certificate of Occupancy is issued and all requirements with
respect to such construction, both under this Declaration and otherwise, have been complied with in full.
However, Declarant or the Committee may extend the construction period by providing written notice if
deemed reasonable and necessary by Declarant or the Committee.
This covenant to complete construction may be enforced by Declarant or the Committee. The costs of
enforcement shall be borne by the non-complying Lot Owner and shall include but not be limited to
reasonable legal fees and related costs. All costs of enforcement shall attach to the Lot as a lien thereto and
shall also become the personal debt of the Lot Owner.
SECTION 18:
DECLARANT AUTHORITY; HOMEOWNERS ASSOCIATION
Declarant shaH have the authority to enforce all of the provisions of this Declaration and to assess Lot
Owners with appropriate maintenance and other fees relating to the Open Space, Private Open Space,
Common Areas and/or the Addition. Such maintenance fees and services may include, without limitation,
preservation, enhancement and maintenance of Open Space, Private Open Space, Common Areas and
include entrances, lawn maintenance service and other amenities and services to the Addition. Declarant
may, in its sole discretion, assess the Lot Owners for the mowing and landscape maintenance of all Lots.
The mowing and landscape maintenance may include the front yards with an additional surcharge for the side
and rear yard if requested by the Lot Owner. Additionally, an annual fee may be assessed by Declarant, to
accrue in a Common Area maintenance fund to be maintained and administered by Declarant. The annual
fee may be adjusted periodically as needed to appropriately assure the proper preservation and maintenance
of the Addition. All such fees shall be mandatory for all Lot Owners and shall, if not paid when assessed,
attach to the Lot as a lien and shall also be a continuing personal debt of the Lot Owner. Such lien shall
include the reasonable costs of collection and shall accrue interest at the rate of twelve percent (12%) per
annum, or such rate as established from time to time by Declarant, until paid in full; provided, however, such
lien shall be second and inferior to the vendors lien note and deed of trust securing the mortgage for the
purchase of such Lot and improvements.
All of the foregoing matters may be administered, overseen and controlled by Declarant, in whole or in part,
until such time as Declarant, in its sole discretion subject to the terms of this Declaration, shall relinquish full
or partial control of such matters to the Copperglen Homeowners Association (the <<Association"). At such
time as not less than seventy percent (70%), nor more than one hundred percent (100%), of the Lots in the
Addition contain occupied single family Residences, Declarant shall, after giving notice to all Lot Owners of
the time and place, conduct the organizational meeting of the Association (the uOrganizational Meeting").
The timing of the Organizational Meeting shall be in Declarant's sole discretion within the parameters of the
immediately preceding sentence. Membership in the Association is mandatory; by virtue of purchase of a
Lot in the Addition, each and every Lot Owner shall become, and hereby agrees to become, a member
("Member") of the Association to be formed pursuant to this Declaration.
At or in connection with the Organizational Meeting. the Association shall be formed, such bylaws,
procedures, rules and regulations enacted, and business conducted as may be deemed necessary or advisable
by Declarant, in its sole discretion, in the exercise of reasonable and prodent business judgment and after
consultation with Members of the Association. Declarant shall have the authority to relinquish all, part or
8
none of its rights, duties and obligations under this Declaration at or in connection with such Organizational
Meeting, provide for an interim period and/or procedure for transition of control and administration of the
preservation and maintenance of the Addition, or undertake any other reasonable actions in connection
therewith as it deems appropriate in its sole good faith discretion. Practices or procedures previously
instituted by Declarant mayor may not be continued by the Association after formation, in Declarant's sole,
good faith discretion.
Notwithstanding the foregoing, Declarant shall relinquish, transfer and assign to the Association all of its
rights, duties and obligations under this Declaration at or prior to the time that Declarant no longer owns any
residential Lots in the Addition and every Lot in the Addition contains an occupied single family Residence.
From and after such transfer and assignment, the Association shall succeed to all of the rights, duties and
obligations of Declarant under this Declaration.
SECTION 19:
ENFORCEMENT
Enforcement of this Declaration may be by any proceeding at law or in equity against any person or person
violating or attempting to violate it, whether the relief sought is an injunction or recovery of damages, or
both, or enforcement of any lien created by this Declaration; but failure by Declarant, the Association or any
Lot Owner to enforce any provision herein contained shall in no event be deemed a waiver of the right to do
so thereafter. The City is specifically authorized (but not obligated) to enforce this Declaration. With respect
to any litigation hereunder, the prevailing party shall be entitled to recover costs of suit, reasonable attorney's
fees, related expenses and actual damages from the non-prevailing party. Additionally, Declarant, the
Association or the Committee may notify in writing the Lot Owner of any violation of this Declaration.
Upon receipt of notification of violation of this Declaration, the Lot Owner shall have thirty (30) calendar
days to correct and remove such violation. Beginning the thirty-fll"St (31 ~ calendar day following receipt of
written notification, a "Restriction Violation Fee" shall begin accruing at the rate of one hundred dollars
($100.00) per calendar day until the violation of this Declaration is corrected or removed and the Restriction
Violation Fees are paid in full.
All Restriction Violation Fees assessed against any Lot Owner shall result in a lien against such Lot Owner's
Lot(s) and shall also be the personal obligation of the Owner of the Lot when the violation occurs.
All Restriction Violation Fees paid to Declarant shall be the property of Declarant. All Restriction Violation
Fees paid to the Association may be used by the Association in accordance with any governing provisions of
the Association, or in the absence thereof, shall be used for specific improvements or applied to the general
maintenance funds at the discretion of the Association.
Any enforcement remedy stated in this Section 19 shall be in addition to, and not in replacement or limitation
of, any other enforcement or other remedy stated elsewhere in this Declaration or otherwise allowed under
applicable law.
SECTION 20:
VALIDITY
Violation of or failure to comply with,this Declaration shall not affect the validity of any mortgage, bona fide
lien or other similar security instrument which may be then existing on any Lot. In the event of invalidation
of anyone or more provisions of this Declaration, or any portion thereot by a judgment or court order, the
remaining provisions hereof shall remain in full force and effect. In the event any portion of this Declaration
conflicts with mandatory provisions of any ordinance or regulation promulgated by the City, then such
municipal requirement shall control.
SECTION 21:
HEADINGS
The headings contained in this Declaration are for reference purposes only shall not in any way affect the
meaning or interpretation of this Declaration. Words of any gender used shall be held and construed to
include any other gender, and words in the singular shall be held to include the plural and vice versa, unless
the context requires otherwise.
9
SECTION 22:
NOTICESTOLOTO~R
Any notice required to be given to any Lot Owner under the provisions of this Declaration shall be deemed to
have been properly delivered when deposited in the United States mail, postage prepaid, addressed to the last
known address of the person who appears as Lot Owner in the records of Declarant or the Association as
applicable at the time of such mailing.
SECTION 23:
NOTICE TO MORTGAGEES
The holder(s) of a mortgage may be furnished with written notification from Declarant or the Association of
any default by the respective mortgagor/Lot Owner in the performance of such mortgagor'sILot Owner's
obligation(s) as established by this Declaration, provided that Declarant or the Association has been
theretofore furnished, in writing, with the correct name and address of such mortgage holder(s) and a request
to receive such notification.
SECTION 24:
DISPUTES
Matters of disputes or disagreement between Lot Owners with respect to interpretation of application of the
provisions of this Declaration shall be determined by Declarant or the Association, as applicable, whose
determination (absent gross negligence or willful misconduct) shall be final and binding upon all Lot
Owners.
SECTION 25:
POWER OF ATTORNEY
Each and every Lot Owner hereby makes, constitutes and appoints Declarant as such Lot Owner's true and
lawful attorney in fact for such Lot Owner in such Lot Owner's name, place and stead for such Lot Owner's
use and benefit:
A. To exercise, do, or perform any act, right, power, duty or obligation whatsoever in connection with.
arising out of, or relating to any matter whatsoever involving this Declaration and the Addition;
B. To sign, execute, acknowledge, deliver and record any and all instruments which modify, amend,
change, contract, or abandon the terms of this Declaration, or any part hereof, with such clause(s),
recital(s), covenant(s), agreement(s) and restriction(s) as Declarant shall deem necessary, proper and
expedient under the existing circumstances and conditions;
C. The rights, powers and authority of said attorney in fact to exercise any and all of the rights and
powers herein granted shall commence and be in full force upon recordation of this Declaration in
the Real Property Records of Tarrant County, Texas and shall remain in full force and effect
thereafter until either (I) the fifth (5th) anniversary of the recordation of this Dedication or (2)
Declarant no longer owns Lots within the Addition, whichever occurs first; provided, however,
Declarant may assign any and all of the rights and powers herein granted to the Association (as
defmed in Section 18) at the sole election of Declarant.
SECTION 26:
AMENDMENTS
Notwithstanding anything to the contrary herein, this Declaration may be amended and/or changed in whole
or in part as follows:
A.
During the five (5) year period immediately following the date of recordation of this Declaration,
Declarant may amend or change this Declaration.
From and after the fifth (5 ) anniversary of the date of recordation of this Declaration, this
Declaration may be amended or changed upon the express written consent of at least seventy
percent (70%) of the outstanding votes of the residential Lots of the Addition, with each residential
Lot being entitled to one (I) vote.
B.
10
Any amendment to this Declaration shall be recorded in the Real Property Records of Tarrant County, Texas
and shall be binding upon all Lot Owners including. but not limited to, the Lot Owners who purchased Lots
prior to the date such Amendment is recorded.
Declarant may assign and transfer any or all of its rights, duties and obligations under this Declaration to any
person or entity, provided that prior to such assignillent and transfer, such person or entity agrees in writing
to be fully bound by all of the provisions of this Declaration that affect such assignment and transfer.
EXECUTED this
day of
,200 _'
DECLARANT
3798 GLADE INVESTMENT, LTD.
By: 3798 Glade Management, LLC, its General Partner
By:
Robert E. Ward, Member
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this day of ,
200 _, by Robert E. Ward, a Member of3798 Glade Management, LLC, on behalf of and as General Partner
of3798 Glade Investment, Ltd., a Texas limited partnership.
(Notary Seal)
Notary Public in and for the State of Texas
The undersigned, being a lienholder of the property affected by the foregoing Declaration, joins in the
execution hereof for the purpose of consenting to all of the provisions herein contained.
Lender:
By:
Title:
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this
day of
200 _' by
, on behalf of
, a
(Notary Seal)
Notary Public in and for the State of Texas
11
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
File Type: Case
Status: Commision Action
Items
Controlling Body: Planning and
Zoning
Commission
Version: 1
Agenda Date: 02/12/2007
Requester: Community Agenda No.: 7b Final Action:
Development
Department
File Name: Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres located in the 1600
block of Sanders Lane, Case P-07-009
Attachments: Location and Zoning Map · Development Review Committee Memo. Applicant's Response
. Plat
History of Legislative File
Version: Date:
Acting Body:
Action Text:
02/12/2007 Planning and Zoning
Commission
Title
Approval of a Final Plat of The Villas at Oak Pointe Addition on 20 acres located in the 1600
block of Sanders Lane, Case P-07 -009
Explanation
Silveroak Land Co, LC, is the developer of 19.7 acres, located in the 1600 block of Sanders
Lane. The developer has submitted a final plat, which will subdivide the property into 90
lots for the construction of 25 single-family attached townhomes, 49 single family residential
detached dwelling units and 16 open space lots. In a townhome development, each
dwelling unit is situated on its own platted lot to allow for individual ownership. An individual
townhome is a part of a larger building that contains three or more attached townhome
dwelling units. City Council approved the preliminary plat on October 17, 2006. The
following is an analysis of the issues associated with this final plat.
Zoning. The proposed plat area is zoned PUDR-Planned Unit Development Residential.
The PUDR zoning was approved by the City Council on August 2, 2006, with the approval of
Ordinance 0-06-1584, which contains several development standards. The final plat has
been reviewed for compliance with the regulations of the Land Development Code and the
standards contained in the PUDR ordinance for this development.
The minimum lot size required in this PUDR is 2,700 square feet. All of the lots satisfy this
requirement. The development is required by the PUDR ordinance to provide not less than
22 percent common open space. The proposed site plan for the development shows 22.9
City of Colleyvi/le
Page 1
Printed on 2/7/2007
Agenda Briefing Continued
percent of the total development as common open space. In addition to the general
common open space areas, the developer has designated a 30-foot buffer as a tree
preservation area located along the eastern and southern boundaries of the development
and a 20-foot buffer as a tree preservation area located along the northeastern boundary of
the development. The tree preservation easements are designated as common open space
areas and are included in the overall open space calculation of 22.9 percent. The
Homeowners Association (HOA) will be responsible for the maintenance of the open space
areas, including the tree preservation buffer areas.
Access and Roadway Improvements. Primary access to the development will be from
Sanders Lane. The applicant has indicated that the development will be gated.
The intersection of Sanders Lane and SH26 will be realigned with Tinker Road on the west
side of SH26 when the highway is reconstructed in the near future. At the time of
preliminary plat consideration the applicant submitted exhibits illustrating the proposed
off-site roadway improvements. The proposed off-site roadway improvements have been
reviewed by the Colleyville Engineering Department, however, the final acceptance of the
improvements associated with SH26 is contingent upon approval by the Texas Department
of Transportation.
The developer is proposing a 30-foot emergency access right-of-way on the eastern side of
the development, which will contain a 24-foot pavement section and an emergency access
gate. The gate will contain Opticom gate opening equipment, as required by the approved
zoning ordinance, to allow access to the development in case of an emergency situation
when normal access via Sanders Lane may not be possible.
Gated/Private Street Development. The development will be a gated/private street
subdivision with the primary entrance to the development located on Sanders Lane. The
developer has included the requisite gated/private street language on the plat exhibit.
However, the applicant has not submitted the necessary Homeowner's Association (HOA)
documents for review by the City, in accordance with Chapter 10 of the Land Development
Code. The HOA documents must indicate that the streets and drainage systems within the
development are privately owned and maintained by the HOA, and that the City has no
obligation to maintain the private streets and drainage systems. In response to the
Development Review Committee memo, the applicant has indicated that the HOA
documents will be presented to staff for review prior to consideration by City Council.
Prior to construction of the perimeter fence and gates, approval of a fence permit will be
required. The applicant has indicated that the gated fence entrance will be constructed in
accordance with the regulations in the Land Development Code.
Drainage Improvements. The applicant has submitted a drainage study for the
development which has been reviewed and accepted by the Colleyville Engineering
Department. The drainage study indicates that the development will utilize on-site detention
to accommodate stormwater related to this development.
Tree Survey and Replacement Requirements. Aerial photos of the site show
considerable tree coverage on this property. The street layout and arrangement of lots on
City of Colleyville
Page 2
Printed on 2/7/2007
Agenda Briefing Continued
the preliminary plat have been configured purposely to preserve the significant trees on the
property. Prior to any site grading, the developer will submit a survey and tree replacement
plan.
Parkland Dedication Fees. The developer has acknowledged that parkland dedication
fees are due at the time of approval of the Final Plat. The fees for non-residential uses are
$1,802 per residential lot. The fee must be paid before the plat is recorded with the County
Clerk's Office.
Application Completeness. The application was considered complete on January 31,
2007.
Summary. The developer has addressed all Development Review Committee comments.
The proposed development satisfies the platting standards contained in the Land
Development Code and the special requirements of PUDR Ordinance 0-06-1584.
Recommendation
Approval
City of Colleyvil/e
Page 3
Printed on 2/7/2007
R-20
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE
TO
FAX NO
FROM
January 23, 2007
Silveroak Land Co.
817.514.9025
Chris Fuller, Development Coordinator
SUBJECT P-07-009 Villas at Oak Pointe final plat
The Colleyville Development Review Committee (DRC) has reviewed your plat request
submitted to this office. The following comments are for your consideration.
The Following Comments Require a Response from the Applicant:
1. Provide verification of property ownership. A signed letter of consent from the property
owner may be required as well.
2. Revise the lot size of Lot 19, Block 2 to state 6,440 square feet as required by Ordinance
0-06-1584.
3. Provide a note on the plat stating that all open spaces and amenities therein will be
maintained by the Homeowner's Association.
4. Will the development be gated? The application fee for a gated development subdivision
is $750.00. If gated, additional language will need to be added to the plat and HOA
documents must be submitted for review.
5. Remove the street name "Sanders Lane" located at the end of the emergency access
easement, outside the boundary of this development.
6. Change the street names ofTimberview North and Timberview South and Sanders Court.
Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information.
In Your Response Letter, Acknowledge the Following Information:
7. Additional hydrants may be needed. Contact Rob McKeown, Fire Marshall, 817-251-
8757, for more information.
8. Town homes require residential sprinklers and alarms. Contact Rob McKeown, Fire
Marshall, 817-251-8757, for more information.
1 00 Main Street, Colleyville , Texas 76034 - 817.503.1050
DEVELOPMENT REVIEW COMMITTEE
P-07 -009 VllL6.S AT OAK POINTE FINAl PLAT
9. If gated, emergency access gates will need Opticom sensors for both directions with
battery backups and Knox key backup. Contact Rob McKeown, Fire Marshall, 817-251-
8757, for more information.
10. Hydrants and streets signs must be installed prior to construction above foundation.
Contact Robert McKeown, Fire Marshall, 817.488.6277, for more information.
PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of
approval of the plat. Perimeter street improvements are required for the newly created lots since
Sanders Lane is considered an unimproved street. The developer's portion of the costs for
infrastructure improvements may not exceed the amount that is roughly proportionate to the
projected impact of the proposed development, as determined by a professional engineer, licensed
in the State of Texas, and who is retained by the City of Colleyville. In making the rough
proportionality determination, consideration shall be given to the availability of adequate and
minimum levels of public facilities and accessibility to the site for the delivery of emergency
services.
PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the
plat.. As new vacant lots would be created by the plat, the payment of parkland dedication fees is
required for this development. The fee for single-family residential development is $1,802 per
new lot.
SIDEWALKS. The Land Development Code requires sidewalks on Sanders Lane and interior
streets. Sidewalks must be four (4) feet in width and constructed as part of the public
improvements to the property.
TREE PRESERVATION. Trees not located within the right-of-way or within under the pad site must
be preserved during construction. Before construction begins on the site, protective fencing must
be installed around all preserved trees located outside the right-of-way. The fencing must be
located at the dripline of the preserved trees. The protective fencing may be comprised of orange
vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The
fencing must remain in place during the entire construction period.
IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on a newly platted lot. The fees listed below are intended to provide
general information on the fees that could be assessed for this project. The actual fee paid may be
different depending upon the specific plans for construction or other arrangements provided for by
a City-Developer Agreement.
Please note the revised impact fee schedule as adopted by City Council. The new rates will go
into effect for building permits issued on or after April I, 2007.
ROADWAY
WATER
SEWER
$2,187 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot.
$2,491 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$643 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
PAGE20F3
DEVELOPMENT REVIEW COMMITTEE
P-07 -009 VILLAS AT OAK POINTE FINAL PLAT
installed.
The following impact fee schedule is applicable for building pennits issued on or before March
31,2007.
SEWER
$1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot.
$2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
ROADWAY
WATER
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, February 12,2007, 7:00 p.m.
Tuesday, March 6,2007, 7:30 p.m.
Please submit the following to our offices:
. A written letter stating that each comment has been addressed or stating reasons why the
requirement should be modified or waived;
· One copy of the proposed fence illustration;
. 20 full size copies of the revised exhibit and one reduced copy (8.5 XII).
The above requested items must be submitted no later than noon on Tuesday, February 6, 2006,
in order to make the scheduled hearings. Please contact me at fullerc(a),ci.colleyville.tx.us or
817.503.1054 if you have any questions.
PAGE 30F3
DREILING REALTY
/""
l}ttHl, rllf!Hulf fftIhtLf
SANCTUARY HOMES
2/6/2007
City of Colleyville
c/o Development Review Committee
Attn: Chris Fuller, Development Coordinator
Subject:
Villas at Oak Pointe final plat comments
Enclosed, please find the information you have requested our response to eoneeming the
Villas at Oak Pointe.
Regarding comment number one: Please find the Tarrant Appraisal District records
concerning the properties on Sanders Lane. As you can see, all of the land on Sanders
Lane that will now be considered the Villas at Oak Pointe have been purchased by us,
Silveroak Land Company, with a Deed Recording date of 11/03/2006. Should you need
additional documentation supporting this information please contact us.
Regarding comment number two: The enclosed revised plat has been changed to reflect
6,440 square feet on Lot 19 of Block 2 as required.
Regarding comment number three: The enclosed revised plat states that all open
spaces and amenities therein will be maintained by the Homeowner's Association.
Regarding comment number four: This community will be gated. However at this time
our BOA documents are not finalized. We are working now to eomplete the HOA
documents. It is our goal to have these documents finalized before the next City Council
meeting on March 6, 2007. In this light, we request that the Planning and Zoning submit
the revised plat to the City Council so that we may proceed and avoid any possible
delays. Also, not yet finalized is our fence design. This item has not been completed by
our Architect, but will be ready in time for the next City Council Meeting as well.
Regarding comment number five: The enclosed revised plat has had "Sanders Lane"
removed at the end of the emergency access easement as requested.
Regarding comment number six: The enclosed revised plat shows the changes in street
names as requested. We have changed Timerview Drive South to Silveroak. Drive. We
have changed Timberview Drive North to Terrace View Drive. We have changed
Sanders Court to Oak: Pointe Court.
Regarding comment number seven: We have spoken to Rob McKeown, Fire Marshall,
regarding possibly needing additional fIre hydrants. We will work closely with the Rob
61 Piazza Lane · Colleyvillel TX 76034 · 817-514-1505
DREILING REALTY
/'"'
Z:YttJIt, 7ltJIJUU. HrJhleS
SANCTUARY HOMES
McKeown to ensure that the proper. numbers of fire hydrants are installed at the
appropriate time of construction.
Regarding comment number eight: Having built many town homes in the City of
Colleyville, we are aware of the special requirements for residential sprinklers and
alarms. We will work "closely with Rob McKeown to ensure that the installation of these
devices is done correctly and according to city ordinances and codes.
Regarding comment number nine: We have spoken with Rob McKeown regarding the
required equipment for having a gated community. Should we elect to have a gated
eommunity, we will work closely with Rob McKeown to ensure that we use the correct
materials to meet all city ordinances and codes.
Regarding comment number ten: We understand that all street signs and hydrants must
be installed prior to construction above foundation. We will work with Rob McKeown to
ensure that we are meeting the requirements of all city ordinances and codes.
This letter is to also serve as confIrmation that we have read and agree to the details
concerning all other items such as Perimeter Street Improvements, Parkland Dedication
Fees, Sidewalks, Tree Preservation, and Impact Fees.
Along with our comments, this submittal eontains the following as you have requested;
. Twenty full size copies of the revised plat with one reduced copy (8.5" x 11")
Should you have any questions, comments, concerns, or otherwise please contact our
office.
Sincerely,
elly Dykes
Silveroak Land ,
dba Peyton Thomas Homes
RECEIVED
FES 0 6 2007
Pef ................
67 Piazza Lane · Colleyvillel TX 76034 · 877-514-7505
DREILING REALTY
/""I
Pqttf/&' 71~.:S f{tJ-I1tLJ
J
SANCTUARY HOMES
2/6/2007
City of Colleyville
c/o Community Development Department
Colleyville, Texas 76034
Re: Property Ownership
This letter is to serve as a document stating that Silveroak Land Company, LP dba Peyton
Thomas Homes hereby is the rightful owner of the land located at Sanders Lane, which
will now be known as the Villas at Oak Pointe.
Should you have any questions, comments, concerns, or otherwise please contaet me at
(817)690-8527.
Sincerely.
~--.::;~~
James T. Dreiling
Silveroak Land Company, LP
dba Peyton Thomas Homes
-2
RECEIVED
FEB 0 6 2007
Per .............
61 Piazza Lane. Collevville, TX 76034 · 817-514-1505
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.collexville.com
File Number:
File Type: Case
Status: Commission Public
Hearings
Controlling Body: Planning and
Zoning
Commission
Version: 1
Agenda Date: 02/12/2007
Requester: Community Agenda No.: 8a Final Action:
Development
Department
File Name: Approval of a Replat for Lot 1 R2, Block 1 of the Monterra Place Addition located at 1704
Tennison Parkway, Case P-07-011
Attachments: Zoning and Location Map . Development Review Committee Memo . Plat
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 02/12/2007 Planning and Zoning
Commission
Title
Approval of a Replat for Lot 1 R2, Block 1 of the Monterra Place Addition located at 1704
Tennison Parkway, Case P-07-011
Explanation
Luis Pardo has submitted a replat for 1.09-acres located on the north side of Tennison
Parkway, approximately 450 feet west of Colleyville Boulevard. The plat will subdivide the
property into two lots. The applicant has submitted the plat for review and consideration by
the Planning and Zoning Commission. The Planning and Zoning Commission approved the
plat that originally subdivided this property on September 9, 2002.
Zoning. The proposed plat area is located within the PUDR-Planned Unit Development
Residential zoning district. The PUDR zoning designation, Ordinance 0-98-1098, was
approved by City Council in 1998. The subject property is one of the commercial lots
permitted within the PUDR zoning district.
Access. A mutual access easement will provide access to the proposed lot from Tennison
Parkway. The Land Development Code does not require nonresidential lots to provide
frontage along public roadways. Emergency access will be provided by the existing fire lane
along the northern portion of the lot that extends from SH26 to beyond the subject property.
Drainage. No public drainage improvements are required for this development. However,
a site drainage study shall be required as a condition of any building permits issued for Lot
City of Colleyville
Page 1
Printed on 2/9/2007
Agenda Briefing Continued
1R2A.
Tree Survey and Replacement Requirements. The applicant will be required to submit a
tree survey depicting the existing trees on the site. A tree replacement plan will be required
prior to the issuance of a clearing and grading permit.
Application Completeness. The application was considered complete on January 31,
2007.
Summary. The developer has addressed all Development Review Committee comments.
The proposed development satisfies the platting standards contained in the Land
Development Code and the special requirements of PUDR Ordinance 0-98-1098.
Recommendation
Approval
City of Colleyville
Page 2
Printed on 2/9/2007
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE
TO
FAX NO
FROM
January 23, 2007
Victor
817.798.0933
Chris Fuller, Development Coordinator
SUBJECT P-07-011 Monterra Place- replat
The Colleyville Development Review Committee (DRC) has reviewed your plat request
submitted to this office. The following comments are for your consideration.
The Following Comments Require a Response from the Applicant:
1. Revise the approval block to state Planning and Zoning Commission:
PLANNING AND ZONING COMMISSION ApPROVAL
WHEREAS The Planning and Zoning Commission of the City of Colleyville. Texas voted affirmatively on this _ day of
. 20_. to approve this Plat.
Chairman. Planning and Zoning Commission
Attest Secretary. Planning and Zoning Commission
2. Remove the note regarding the amending plat statement.
In Your Response Letter, Acknowledge the Following Information:
TREE PRESERVATION. Trees not located within the right-of-way or under the pad site must be
preserved during construction. Before construction begins on the site, protective fencing must be
installed around all preserved trees located outside the right-of-way. The fencing must be located
at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl
construction fencing, chain link fence, erosion control fencing, or other similar fencing. The
fencing must remain in place during the entire construction period.
IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on a newly platted lot. The fees listed below are intended to provide
general information on the fees that could be assessed for this project. The actual fee paid may be
100 Main Street I Colleyville I Texas 76034 - 81 7.503.1050
DEVELOPMENT REVIEW COMMITTEE
P-07 -011 Monterra Place - replat
different depending upon the specific plans for construction or other arrangements provided for by
a City-Developer Agreement.
Please note the revised impact fee schedule as adopted by City Council. The new rates will go
into effect for building permits issued on or after April 1 , 2007.
SEWER
The fee for non-residential uses depends on the proposed use of the property. Details are
available in Chapter 13 of the Land Development Code.
$2,491 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$643 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
ROADWAY
WATER
The following impact fee schedule is applicable for building permits issued on or before March
31,2007.
ROADWAY
The fee for non-residential uses depends on the proposed use of the property. Details are
available in Chapter 13 of the Land Development Code.
$2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
WATER
SEWER
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
Monday, February 12, 2007, 7:00 p.m.
Please submit the following to our offices:
.
A written letter stating that each comment has been addressed or stating reasons why the
requirement should be modified or waived;
12 full size copies ofthe revised exhibit and one reduced copy (8.5 XII).
.
The above requested items must be submitted no later than noon on Tuesday, February 6, 2007,
in order to make the scheduled hearings. Please contact me at ful1erc(ii\ci.collc,;'Villc.tx.us or
817.503.1054 if you have any questions.
PAGE20F2
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
File Type: Case
Status: Commission Public
Hearings
Controlling Body: Planning and
Zoning
Commission
Version: 1
Agenda Date: 02/12/2007
Requester: Community Agenda No.: 8b Final Action:
Development
Department
File Name: Approval for a Special Use Permit for alcohol sales Lot AR of the E.M. Thompson Addition
located at 5224 Colleyville Boulevard, Case Z-07 -003
Attachments: Location and Zoning Map. List of Property Owners Notified . Statement of Planning
Objectives . Information Received from Applicant. Memo from Police Department. First
Development Review Committee Memo . Second Development Review Committee Memo .
Additional Information Provided by Applicant
History of Legislative File
Version: Date:
Acting Body:
Action Text:
02/12/2007 Planning and Zoning
Commission
Title
Approval for a Special Use Permit for alcohol sales Lot AR of the E.M. Thompson Addition
located at 5224 Colleyville Boulevard, Case Z-07-003
Explanation
Mr. Don Noblit, agent representing the property owner of this commercial building on
Colleyville Boulevard, has applied for a Special Use Permit (SUP) for the on-premises sales
of alcoholic beverages. The applicant has indicated in the attached copy of the Statement
of Planning Objectives of the intent to reopen the facility as a family sports dining
establishment. The proposed business name is Papa G's and the prospective tenant
operates two similar facilities in adjacent communities, one in Bedford and one in Keller.
The Land Development Code requires approval of a SUP for the sales of alcoholic
beverages.
This property was previously approved for a SUP for alcoholic beverage sales on
September 11, 2001, which was subsequently repealed by the City Council on September
19, 2006, after the previous tenant vacated the premises. The building has remained
vacant since the middle of summer, 2006. The City Council's repealing of the SUP
supported the City's current redevelopment efforts along SH26 in securing high quality
business tenants along the Colleyville Boulevard corridor.
City of Colleyville
Page 1
Printed on 219/2007
Agenda Briefing Continued
The following are the primary issues associated with this request:
1. Master Plan. The Colleyville Master Plan designates the future use of this area for
retail/commercial land uses.
2. Development Trends. The long-term trend for this area is retail/office and other
commercial types of development. The surrounding properties are primarily developed as
residential uses.
The Development Review Committee (DRC) provided the applicant with a comprehensive
list of comments, dated January 24, 2007, which is attached to this agenda briefing. The
developer provided a written response, dated January 31, 2007, which is attached to this
agenda breifing. The developer furnished a copy of the menu from a similar facility
operated by the proposed tenant located in Bedford. Upon receipt of the developer's
responses to the DRC comment letter, staff prepared a second set of comments, requesting
additional infomation regarding the repair and renovation plans for the exterior of the
building and for additional information regarding verification of food to alcohol sales ratios at
the two other facilities in Bedford and Keller. Also, staff requested information regarding the
classification of State alcohol license being sought for this facility. The applicant was able
to provide a written response to the second DRC comment letter and a copy of the
responses is attached. According to the information furnished by the developer, the exterior
renovations consists of painting and repair of rotted structural members. Staff calculated
the alcohol to food sales ratios of the Bedford location for the five month period August
2006 through December 2006 and determined that alcoholic beverage sales represented
80% percent of these two sales items.
Attached is a copy of the memo provided by Rodney Cunningham, Lieutenant - Operational
Services Division, Colleyville Police Department, regarding his investigation of the two other
facilities in Bedford and Keller.
Public Notification. Staff mailed notices to 25 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.
Reeommendation
Denial, based upon the following:
1. Applicant provided insufficient response/information to staff's request for information
(DRC memo);
2. Applicant did not fulfill all of the requirements of the SUP checklist;
3. Applicant's response regarding the number and types of incidents involving the Police
Department at the existing locations is inconsistent with information provided by the
Colleyville Police Department (Rodney Cunningham memo attached to briefing).
City of Colleyville
Page 2
Printed on 219/2007
~G
5301
AG
Z-07 -003
Don Noblit, applicant
P.O. Box 820895
Fort Worth, TX 76182
5224 Colleyville Ltd
640 S Ayrshire St
Crosbyton, TX 79322
Applebee's Of Texas Inc
4551 W 107Th St Ste 100
Shawnee Mission, KS 66207
Brothers, Lloyd
PO Box 45
Colleyville, TX 76034
Davidson, Charles
22 Rhapsody Bend Dr
The Woodlands, TX 77382
First Baptist Ch Colleyville
5300 Colleyville Blvd
Colleyville, TX 76034
Hudson, Keith Carroll
PO Box 1227
Colleyville, TX 76034
Miller, Louis C Etux Elizabeth
7802 Tillman Hill Ct Unit B
Colleyville, TX 76034
Taylor, Betty Joan Est
2814 Newcastle Dr
Grapevine, TX 76051
List of Property Owners Notified
Don Noblit, applicant
P.O. Box 820895
Fort Worth, TX 76182
Adams, Anne Marie
PO Box 337
Colleyville, TX 76034
Barnard Partners Xii Ltd
PO Box 37206
Fort Worth, TX 76117
Colleyville Land Investors #1
99 Main St Ste 200
Colleyville, TX 76034
Davis, Bobby Joe
8304 Old Springfield Pike
Goodlettsville, TN 37072
Gibson, Norman C Etux Doris A
113 Timberline St S
Colleyville, TX 76034
Isbell, Steve E Etux Kristi
5112 Oak Timbers Ct
Colleyville, TX 76034
Mitcham, Carl D & Brian C
PO Box 983
Colleyville, TX 76034
Venable, Ruth M
PO Box 362
Colleyville, TX 76034
Don Noblit, applicant
P.O. Box 820895
Fort Worth, TX 76182
Allgood, Paul Richard
3815 Rufe Snow Dr
Fort Worth, TX 76180
Bojku, Afrim & Hajri Bojku
5309 Colleyville Blvd
Colleyville, TX 76034
D & V Walker Family Lp #2 Etal
5501 Normandy Dr
Colleyville, TX 76034
Ethridge, Edgar
3324 Dustin Trl
Hurst, TX 76054
Hart, Kay Lynn Foster
5301 Pleasant Run Rd
Colleyville, TX 76034
Looney, Karla E
5109 Oak Timbers Ct
Colleyville, TX 76034
Nit Investors No 2 Ltd
99 Main St Ste 200
Colleyville, TX 76034
Village Management Ltd
99 Main St Ste 200
Colleyville, TX 76034
Village Monticello Prtns Ltd
99 Main St Ste 200
Colleyville, TX 76034
STATEMENT OF PLANNING OBJECTIVES
The facility at 5224 Colleyville Boulevard has, for the
last few years, been operated as a restaurant and sports
bar. As such, the facility is configured with a full
kitchen and bar. Any departure from this type of operation
would involve a large expenditure on either the owner's or
the tenant's part, which would make the renting of this
property extremely difficult. In light of the recent
history of the facility, which resulted in the withdrawal
of the liquor permit, every effort has been extended to
upgrade the quality of the tenant. At this time a
prospective tenant has proposed to reopen the facility as a
family sports dining establishment.
The prospective tenant is George Haddad, who has a similar
type of family sports dining establishment in Bedford,
Texas and recently one in Keller, Texas known as Papa G's.
These locations are very successful and reputable backed by
Mr. Haddad's forty years of experience. Mr. Haddad is in
the process of developing his plans for this facility and
will apply to the City of Colleyville for the necessary
permits and licenses. Mr. Haddad is willing to discuss his
plans for the facility and would be more than willing to
conduct a tour of his current facility in Bedford.
The purpose of this Special Use Permit application by the
owner of the property is to reestablish the liquor permit
for this facility in order that Mr. Haddad can proceed with
his plans to develop the facility as a family sports dining
establishment.
RECEIVED
Per .............
Don Noblit Associates, Inc.
Registered Investment Advisor
"Building Block for the Future"
HAND DELIVERED
January 31, 2007
Chris Fuller
Development Coordinator
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: Z-07-003 SUP for Alcohol Sales
5224 Colleyville Boulevard
Dear Mr. Fuller:
In response to your FAX of January 24, 2007, attached are
the answers to the questions posed by the ~Development
Review Committee." The answers were prepared by Mr. George
Haddad, who is the prospective tenant for the location.
Please be advised that we are more than willing to answer
any additional questions or provide any clarifications
necessary as is Mr. Haddad.
Sincerely
g 7/f.{ -.r J'1A~
'~~ Nobl t
President
:cc
8717 Terrell Drive
Fort Worth, TX 76180
Metro (817) 498-1122
RECEIVED
JAN 3 1 2007
p.o. Box 820895
Fort Worth, TX 76182
FAX (817) 498-5522
Per .............
Offering general securities through SWS Financial Services, Inc. Member N.A.S.DJS.I.P.C., (214) 859-1800
1201 Elm Street, Suite 3500 · Danas, Texas 75270
PAPA G'a SPORTS BAR . GRILL
TO:Development Review Committee
SubjectReaponse to to COIhmiU8e questions.
1 .. The extarior of the building will be totally re-done with repairs to certain
.re.. that are In need .Our Intention Ie to paint the exterior with the ..me
colors as the vlllag_ of Colleyvllle and the CoIleyville town center,80 that it
c....tes an appeaDna blend that co--ardlnatas with the background (
Vlllag.. Of CoIl.yvllle). . .
The parking lot will be cleaned and power walled,then ......triped .A
stained wooden fence will be inatatted to block the creek.area.PaI trees and
banana treea will be planted infront of the tenee to create a troplc:aIIOOk .
(S.. attached exhibit)
2 . No expantlon to the building will IaiCe place. .
3 - Yes the existing outside eating area will be utilized and vastly improved
with tti.- Installation of a wooden deck and Iron fence along with
landscapinG which Includes potted trees and the front of the patio will be
landscaped..
4 . No the outdoor area will not be .c....ned but we will have umbrellas to
block the Bun. Water mlat:enJ will be IrMalled.Outdoor propane heate... will
be placed.The iron fence Ie ..... in height and it will have proteCtive screen
around it .that will block any wind and du.t.
5 - Yes alcoholic beverag.. will be sold and co..umed outside in
compli.nce with T ABC rulM and rwgulatlona.
6 - Hours of operation .... from 11 am 6" 2 am seven days a week.
7 .. HOUnI of alcoholic HI'YIce .... the ume _ the operating hours.
S . We will have no pool tabln since we are a family on.ntsd spol18dining
facility. However we ahall have on premiNe soma elMtronic video pm..
such IS Gold8ll Tee 2007 and a couple of video gamea for the children. We
do not anticipate havin live bands ,but W8 will have a live disc jock" Qn
ThUraday~rrtiy & satUrday nigli""
9 - The total square footage is 4,800 square feet.
1 0.. The entire building wiD be UNd.
ii-The landscaping along ColleyvfU. Blvd.wIIl co~itat of palm tnea -
shrubbery along the perimeter of the patio.Seasonal c01orfui plants will be
planted in order to add an appealing look for the drive by trafftc and
potHtial guestS to our ...bllahrnRl
12-No parking lot will not be screened.from CoIlayvllle Blvd.
13- The adjacent vacant lot will not be UMd.Howeve, if it Ie deemed
nee....ry to .... the parking lot,then we 8hall meet with the property
owner and d,*cuu pennit arrangements and obtain a pennitlleanwhile we
ahalt not be held ....~ible if some patron decides to park on the vac:ant
lot.
14 a. rMnU ie Included.
b.. The enterior will be paintM with neutral colont.. all walla will have a
brick 1001<.811 counter tope wUl be Iami".tecI .nd ....urfaced.The floors will
be c:arpated.Booths will be inetalled along the back wall and the
window aide.
c..Walkin cooler and fr8e.z8r- venlahood ventilation syatem-heat lamps.
rtach In coo..... and freezere4talinl.......j prep tabl.....ndwlch prep
service unlt..oda fountain dlspensor....and .Inb- waitress atatlon prep
araa-commen:lal dlahwu'*'-rnop alnk-
d. food to alcohol ratio in Bedford Is in compliance
e4taffing will average four kitchen .."..two bartandera..one barback-
one bu..r- 6..rve... - a nightly door pereonlbouncer to check 1.0$ and
ahift 8upervlaor.
f..taffing level Is Identical to the staffing level described ib section "e"
above.
g-No polie. incidents other than once when a sink has fallen off the
wall and we thought. patron wu Involved,so we 8ummoned the police
Just to protect ou....lv.. Jut in c...1t was a patron.
h-a TASe pennit with late hours will be posted In this location.
15.. The estimated ..... tax to be paid annualy baHd on th811quare footage
should be approximately $ 800.ooo.oopl&18 , for the duration of the lea...
/J;P.19
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.-.
2..0 H'.hway . '11
Bedford........ .,614.
..7-15......
F...... .. ordersa 8. 7.S54.4140
111111111111111111111111111111111111111111
---------------------
Appe'Cllzers
kef .. ClUck.- ........._............_...._.._........................................_...................~5
GIant no"norJIlII Surtrcll ~Ih dlaecellll4 5lledally .'\oOf1ltl bee! cr dlidll!l'l. lleMdWitll~, cte.m and Alsa.
._..... .....alll_.................-....-..................w-........--...............a4:-.----.....s'l..5
S\l...acll .. attic~~\I.e healtS, 8~ut ctUr1l. and ete.1I'I CIleese sluffed ,n a d.nt CIodt tllnlUa anI:! sefflld 'A;1I\. side (If gist.
V......n ............. ..M........................t............".'M......"............."H.................."..........
A.lliont wa~ 11ol.o1 tcYtIna rubbllCl willi pl1lc ofMl 01 aM 5tUffed ll'ith maMll'll ilIuce.ll8l1an 1iiI1I&lJ@. ~
beD P'PllIB. ani~n&. .nO 1lIack c1lOK. . nd lopped wi", mo)ure\l3 (:haec.. Str\l8d _ a ma of _riI\atlI ~e lot lliPllln'-
......... ....... _.........T'.' T r ..,._................R''lv- ___......~......___...............".7.,.
e.e.omerctl ~ Chicken llWls seMd MIll a :hdce of '.nelI...-,y. Ql' hOney muttan1 _ and a side'" Fr8llcll frieS.
CII.....- .....................w....... .. ...............................................................M...................,..
Jalapeno Il8llpet$ SQltreCl wiVl W;&conson tIladdlf ell_,. m.-d wiIh diceclj.I.DClOIi Ind frled 10. toldeobrOWfl.
SeNed willi I "de d IIIIlCh clreainc-
~...... .............. ..111 t .,...........................................------...............................
BrealMd moz.arel'- en._ ~ witIl marina,. UU0.
..... .........-.....,..............................fI""......................t.............................41....s..~
ltach05 witl1awartl wlnn,n& r_ ~ifl1OOPCd ,.lth Cltcd<llll' Ch~ bIllc;k OliYlJ5.lDmlllDlllI, onions. and jalapenM.
5erIIad >MtI16OUr aeatn.
.... .,... 4..........__....-....................................................................................s5...
.lttn.... ...-I ....... ... ._.._...............___.._...._......_..._......__...S....
A blend d spl,n.Ch, aI'(iCllOl<ll hear-.s. sour CfeIIm and cream ChlleSa wi1h I hint ot baC(l'l. Served Mlh lortllle chbs..
....... . ..... ......................................................_............................._......._........S....
CrisIl'1 tonIIIa dllj)$ $ttW:d with Diu.
...... Rtes ............._...............M....M........."................................_....................S I."
A bbsktt O' Fr!Ach Iri8& smotll~recl...(h M~d Ched~( cheese. 8cnltd with i iid. of ,anch dtessll\i.
.... ...... .......".....................____.......___......._...................................................s."..
....~ ..... .................................H..........................._..................................__....S....
A baSket o! jtlaH/llOVlcrecl "'"" $Our C"18m. CIlftI8. ChMIs.lnd baCon.
........ ....... .W- ....................M....H.................._...................""......_.____...._.S....
Our famouslIOla:O 5klnD an! lOjdel1 WIth llIahltd cn_. tlaCOn.aftll mpecJ wlth areen oniOtlS ai'ld t1iCe4:l tlim8!Oe$.
Served oMttl a siae d SOUl cream. .
..... ....... .'11I........_....................................._......._......................."........................5...
lat uS put OIIr FOOT in l'Our m:..thl ~~reO tried Ot'llans, stacked a loot hiCII- S~....e;l1Mth "'1Q~ ll'nd ~\c;hup,
--..-_..-...... ......---....--..-..----.-..-.-....- ~...
I'len~ 1:.1 TlIIOI A tar.. combinaoCII Of willgS. ~iutick&. 1I0Pll8f5. chicken tenclel!l. ~(D $1dns.lIl1d chip$ ard sal$a
seMd 'Mill Ra~d'l. bllle cneese .nd l'I'I.rinll'<t.
Peel . Eat ................_......................................_...._..IH....._..._...._...._....__-S. ....
liD. of 1r6~,l)(.jJ~ Sh~mJ: servatI lIlill\ COCktail a"oIce. A IItl) IHIaIlhY ~eat!
wn...- ..... IItIII
In Papa's own f/liOf bllff.ll/ SIlUce!
..... .....w......AoM.................._._......................'!'..........._.._.....___............_..S5...
......... ...... ...._.....M..................................._._................................................R...-
-..-... .. SO .............._............~..............t"lT ."1"..,........",...., ......H.............M .1""".'"'
....... ......... % .. .........._...................................T..._........................................S..**
Soups
....... ~..
...... ...,. .... ....
. -... ......
Ii
S.I.ds
Oresslncs: Il8nc~. III... ~$~ 1000 IaIiIntl, Ftencn. Caesar. b1~n. HOllM
...... ..... .._................._....v- ,T~......................._....P'T &......................................s I...
I'(CliIlI_ wiIIl ul'r(l(S. red cabbaee. erOUUlt!A fl'd a ChOice !II drK6lni!-
GI...... ........ ..... ....,.........~..__..._____....................._.........._.........__..........
P're.h lettuce"lth Masoned b"Qlled :IIlcIcan, IIIPIes. waln~U. celety, Dell P/lpper, m~ end se.\$Oflln&,
....... .........-........."..................................................................llt.............., "5."
RomaIne leIIuCo!....t/l ~tad pel~n cn_ Ind I'rI~ n~lIl"i lDPPecl 1101111 ~ dr~
.... -..-. ....................-.................................., '" T,"" .......................................
...... ...... ..... ..-............"............_.........64......... J BU.11-.f''I.....-'1 U f..-M................
Aom.ln8Imu~, tom.lD, alClltnber. '<<:Iill mushroom,. bill pepper, gleen OnIOns, :rnd dll!$5ed wilI1 PlJIII', M Greek
df8S!ing tnd fete ch88li1l.
---------------------
---------------------
S.n....cbes It Subs
M ul\lNlicllQ wv.ec wIItI ~
.... .... CItII.... ~... ...... ... I Jl1111" '" ." .......-.....J'IIR ............................-.7....
G~td WillS of __ CIIItleR. SlIItMd onloM '" lI.n ~eppel'S. wtllllSl8Cl1n a IIo<lt tDItlII af1<lllllMICI '1'1II\ ~1lS, aalia .nd lOlI' _.
___......... 1{ "'1 , .............._...........'..1 I IrlfTTTf.........................-....-.......................
Sli<;ed I)'tO meat lettvte. -. _. and Pipe', vwn /!l'9 p-
...._... ~ .....11......... II 'I' 1 V t..................lllJ 1.... J' ,.__...............7...
StrIlla of b&ef an I hOlp roll 'lriIIIaaut6ed beIIllIIPI*fS end Ofti(ljl.IOIl~ ..nn meltlld Il'QwOlall& cne.e,
~ ... _a__....1 "...., .....,. If JLU.U...IU.....UU .lJ1................................S....
SliCe4lQ14t~ron.I\(l4&1ellu. Sttllt<l with AuM-
~ ..... __._....Il'lll...._~' . .1I...................................................._...........SS...
USllA ~ IrQUlld ~. t6ppe4 with melfed Sw* ~ and glIed onlona. 5flnllII al ""lftad.
.,....., IIIItt ................"...............~..................___llad.l l ..1__.......4.......,................
Sliced emohed Wrkcy brMS'. tDpped MUl fIlCItid s.;p ~ .Ilcl 0'IlNcl OtIIdftI. teM1 Otl t)e Ilfead.
........ ...._..... CIII.fR e..4IWi.... .___.... , , __...........__....SJ'...
lllad/ened dlIdG!t1 bIean ~ wiIh IlUr 1'MI0uS wIi'lC'..frotn.hei IIlJC1 Hl\tecl on a bun .,.m, m~ ~ IflMalD and anicn.
......... .1I~ ......................'11.1lI T ......................."..'..,1.' tl. Illata.lt..MI...." ... w..........S~...
GtlIIed or bla_ _&CIMd d\~ _st lflpPed wi1h IaUuoe. lIDnto IIIId m.., MMId on ... bu~.
.... ~_ .........................1.. r .... ...M......."........" 'I' 1'8 ,t '111 filM.................................,....
~ MOu_dll at ,Iced turkly, ham. and 1IAcDn. ~ OI'llb~ wNte breed wIt/l cllCe&t.ICUlol:e. and tomalD.
~..........................:.........1..... It ..............--....1". J 1 !.I..,................_~.............:I...
SI/i~ .f1.~h/y eOQked bKun lXlllOCd wilIIlIIIluc:e, ~ ,"Id MIYQ. SONtd on _1U:Id ~ b.ead.
............ ....UtIUIUUUU.U,lU u. I .........M.....M''''''nUl1Hll1ltl"tu...tn.UM...........-._........sS...
Sftao"'ld ma\blIUs ,n III'"'''''' 1lIUC8 IerV8d in . O. wb tOl. WPP"d ...t\h 1ctIu~. wmItOt&, b1H~ oI~ .. patIIIM8fl eIl_'.
? ...-.... ...N....H..t.l...lt'. I J I' ...................,."'"........~MMC.............______...........s~...
. II" sub roIlltutred oMlh hili\. tur'-. roaetlleet. &alami.lettull8 ~ llfliollll. plllYOloJleltwille c:hee1C
and P~'s Sl)eCi1't.ut:~.
....... .... ...........""1.. J I J II J 11...."....................1<11'.. II T_....,' III I'.' .........._................sl...
7 (11. ~ ttl~ Ijrtf\le(J l;I\lMtI tklt. nrwd ill . 9" iIIb roll witlllett\lCl. ~. oniOlq" ~ r1lajtO..
.... a..n. ............. .If.. l' "......................._.,.A_.....~__. T '11.....t......""."".....
A (OOllOllg IIol.lIog ~ II.tlh (l'il~ ctIeece. .no OorJOll4.
............... .....,.... " If 'f1....,..'.....1 ..._ ..I:..I..l1._._.......a."'._..................~.s....
A 9. sullloelle<l1MVlllIIn'eIo Shl'illlll,ll:GIee, ~,Il(l O~ atNeCl ~ ~flCI\ ~"..
~~~-;'!
ElclrM: en- ..211. bicon Of """'_ .50. ~ IIIItY 2.25
..... ......,. .............l..'..II.............r.'.uf. 1".1"'........................-_.................5....
LOIded will\ 1ot\WCe. t~. ooioo.oo & pldd. en 1/10 .wloe.
....... ~..... .......................................... J...J.I...HloH.........................................tflM.....* 5
The bmikl biller \lIPped with m_hsd AmBrican cheese.
.. .'~.__ _.......,. ..".".., If' .,,,.....,............lUIIl 11I_.................&4.........................___.....7.
TIle llbSll: tlurjlellooj)e(l'wi(/'l ~ MltriClln ~ end 1lllISIl(Q(lfll!L
...... ....... ........"'..11 '" ."......" "'fvr 'J'A _............................._......'1..t.........~............
11>c ~ bl/rjef 10Qped with bacon .nd IllcIU:d Amcri~n d'M!e&e.
....... ~ ~ ... 1 r ..._._......................... 1 ...............-.............-.....
~* bur~ dipped "' ..... "".....ace "" "MId 011 a IlUIl witIIlst1uoe.. fllIMIDes, _lid onicne..
...... "....... __..r_______,,, _......__.......-....7..5
" SlIIeII of~. bt~. ~ ",U&hlOOllll. m~ th~*.l6ttllca. cnians. IIlm-. and T<<as d1WL gerwd with lOts or IlIClkillCl
Entrees
All enn. iPdude II _rden Of Cat5l1f ...Id.
...,w.._......~ ........11111111 __.........____ T ,,"I ......_..-......................
See&O/lcO IMeI O. ctJld<Ifl mIxed wlth . ~ of &lIW!t;d arienral ~~1lS $en.ed on a bocI or wild lice.
....... ...... ....................... "' .a". ,.,'...................... .'"1' IT ,............u...............--...
"b_eNd tMdedoin Mtd II) 8>Ide- tJededltIa. T~..vltIl ~__ tJlNi Il/lcI HNelI WIllI 111e5 end . HOCied.....1lIIl med~.
..... ..... Jle.c: ...,." " ....... a",", I'. ...w. ill... .Jltl.................I1Ii...I....t~.........".....-.-.-.........
Roll. ~ ."d IllOln'l rf'tt1 tc:ned oPP1tlCl:d C)o'l Texas 1oa&t end the WCdIbIe of !he ~ .
~ ., - R 1. .. ...................<q....,..,"f't'.~t~&~u..................................................-.......s. .41'-
A 1 01. flth I11I8t. ~ed end (lee., frie4. $IO\IeCI wiUl h\I!Ih PUpDlllS. AIlIlOll frle6. 5lI111lled ve&llIaDl8 medial<. 0)10 ~ and leus toa5t.
............... --- ....... _______ 1~4.4.4 ~-..._____..............--_..........
BlilIdlefle6 etllCken breost. servo:d wIt/1 wild riQl. ~ ~tle ~ and r- ~st.
...~......... _, , 'f1" _...__"..._........_....... ...... 1 J.1Jll'lllfTl..............
SMJoll6d c:I1ic1eft witII ~O~. SMMd Qn a bed of1ettllcim flOOClee and t:l1IlIle CII_ llread.
.............. .......IlUad. MI'JI av...........M..'.....Utt...............,.uu....*...............-........s. t:t1H
PollCOm ShrmD with elfrecJo se.u~ -.ed on III !led cI fettudlll noodht _nd orfoe cheeee breacs.
~11Hl_ r __ ___ .. ...................J..I.ll'.IIII.......................".,.l'.,...,~T......s. S...
1\ cnicken 1nB&t lII8ril1atBd ill_man Pl!llOII' prli: Auee, bal'8d Ind &aned tilth wi! rice. 58ut6ad ~ lIl~ey
and pme cheese bread.
. _11".. M...... ...............................11.... ...r.......................ll'1 t II ~M.............................
SNsoned mNtbtlls III SOlI' cream (lNf. teMWI on I Il6d ;>t fattucll1l noodles 'lriIII Illde of garlic 'out
---------------------
)
--.-----..-----------
Desseres
. 1UL. R 11 ........... en "111111I1111111 ,......."..... .fnl Y T ..............................................M....ft.~
Ice cnIIIm .m banaNl Die on . ..ham CIlICIlBr a\lft.
........ __WIUflIIIUl1UllnllllTnU ..."n. ._ l.
MoIst dIIrl(Ch_. momel5 __ad In tidl1udp fatWl'
...:..-~,. .......... ..........,'" ..I L ,_.a ...11....'.1... ........'I..II...................~...........S
Rich. erN"" ~ ftlolrted _ nfNINl\lI'*~.ma,.nta1ll'la.
........._ -.... ~ ..... _lull, .ut...... HtJtnt ny. .."nnu....ITfn.ITTTn. . 'l.L. .IM.......
Petl'lut lluVlef ooe Q"lIiIm oowred WItll Clu.,1ls rL peanut butler IIld ~.
LJ
...
l:I.ltnr ...UIU""UHT TfW-WU...
'IIntor Lea.lle ".nll
I'orlhoae 12 Md und.
,. MII1Illd on . co~irnenter)lll"" lilac -MtIl a twl\~n dri.....
S5.9S
Chicken renders lit Fries · Corn eoc & Fries · Hot Do& & Fries
ChiD Dog" Fries . GI111ed ()leese &r FrIes · MI~1 PIzza
_..e....
~ .........M................._................................................... 1 t , .............., ....................
COca-cola . Diet Cake · Dr. Pepper · Sprl1a . Root Beer . OtIInge Soda
....... ........".,...,.............. ............ .lIu..........'1.....fI11T1...III11 I J, r I 11111II..111111111111...111.........
Orange . Pinespple · G,.pt)fn,Jit · Cranberry · Tomato
..........,.............. tMl - "~.i11I11f1"*..."*.___"..'.n 1 Inl...................l1......'''''"'' ,...5.
IIet ....11 t --tJ7' n ,....................................................,. n n 11.1.....1111 J .u.......n11IFn.n lIt....I.~5
......... ...1.......11I..............,... ,.111 ........ ....11I"1...... Lll......
.n1l1l nl111111 1111 I J ........U..-."4,1 ~ 'U1.'...
DraH Beer
Miler Ute . Nlller.Hlgh Ute. Gulrless' Bass. OosEquls · Shiner Bock · Coors Light
Blue Moon · Bud Ulht · BtJdwelser · MldJelD~ Ullta · Fat Tire · Stella Artois
BoUie "er
Helneken · Helneken Ught . Corona . Corona light · Dos EquiS . 8udWeisel' · Bud Ught
Miller . MGD · Miller Ute . MGD . Mlchelob . Michelob L1&trt · Coors · Coors Ught
Foster's . Sam Adams · AmGtel UgIrt, Nelhl Modelo
Bucket of 5 Domestic Beers $13.00
Wine
.... -- (..-.> ..............""111....'.."11'..11.......... , "'rrr..II...II............................lII......s5.W.
Chardonnay, Mertot. White Z1nf8lldel, Cabernet Sauvignon
...... - <..- .. .....)..................................... .....J:t...-.v 11...r...........II.......................1b...II.........7.
~.... (IIf.........) .... T1'...."nfT.u..III.... TI1."1I1....~~u...Ut1.nll.ILIIIJt.ta&....5
Pinal Grigio. ChIJdonnay. Merlot, Cllbemet Sauvlngon
House W~ne
.......11I..........................."."111111 u..u......ua.1...............UJlJ1 --<I ......11' II nUllll ,....... ... lI.n't..... I. 5
a"l8n1onnay. White Z1nfendel
Cb8mpa8ne
...... (......)..IM.......NIIUIlIllI................nn"r...........,
..,HUII .. .....
_.._.s.~s
LunClh S..e.~.ls
Uam-2prn M-F
.. .................,..11......'.,. 'UI".................... IIt~UlnTl~..u..J, J....U.IIU IIIUI...UlU...........
II oz tIb eye lIil1I ",rden Of CMIar lUIIlId. ."It lI\tahed pallllce5, miad ~bIlI ~ tIld TunlDHt.
~~- ......... tlIr I l.t:..1UU.~11l.nn'....lIn1fltllnlu.1v' 1T111'UUlIlL L "1fIlI1II1Jn""I1I1JlIlJ"U'~"
~ ......11om..,..... CIliCllln ~ prclOlt Of 01_, ul8d, ptIIt: m~ poIa1Oa8., .-.cl .......bla medley... Tet.. tDast.
...,., 1i n 1 tH. II J.L.l....," JlI.III1.......fli..."..M.....n~'V""Tn~rn l'IIl,Unn",,, .".... 11.11 ...L.....4...U........u...
~ pound buraer "Mlt11d:uce. ((1'1'I8(0. oololllllld a plclcle On ~ sidL
......... .......'111'...111 "''''''''"11''111111''& . J Jlua. . 1IlF1lT1I1IU.UUU.. u.....v- ...,...nnSr...
A d.1y c:teation from QUI tI\IftI' chef Ie/IItd WIlh . (;Irden or Caesar saIfd. Adc)DUl' M.- i:Jt d8la1lalJ
...... ...... tn. T nn..... -.-.,..............H......n'............U..III..UH ....~,... J;I T """".............
CIlIl/ ar Souo 'l'it/I .!'den or CiJ_r AIa4.
---------------------
. .1
To: Amy Shelley
From: Rodney Cunningham
Date: 16 January 2007
Subjeet: Comments on Zoning District Change application by Papa G's
At the request of Chief Ingram I checked on the two other locations where Papa
G'S does business, one in Keller and one in Bedford with regard to activities
requiring "Police Action",
The Keller Police Department advised that when the Papa G's opened in their city for
a time there was a spike in Driving While Intoxicated arrest in the area of the
business, Their PO met with the owners and managers of the business and reached
an agreement that resulted in the business hiring off duty officers to provide security
during times of expected high traffic like weekends and holidays In addition the staff
of the business were trained and instructed by management to better monitor their
costumers and cut off the sales of intoxicating beverages to anyone that appeared to
be reaching an intoxicated state. This is reported to have reduced the number of
calls in general to the business by the police and the number of OWl arrest in the
area. The Keller PO now has no more trouble related to this business than other
similar businesses in their city.
The Bedford Police Department advised that the Papa G'S in their city does not
generate any more calls for police service than other business of the same type in
their city. The representative of the Bedford PO I spoke to stated that for a time a
motorcycle group that was described as not a "gang" just a "group" frequented the
business and generated some problems, however this group no longer frequenting
the business. The business on occasion sponsor a car show in the parking lot that
draws a large number of persons but no real problems result from this either. I
made a visit to the Bedford location and observed the following.
The business is in a strip center, has dark windows with a number of large
signs painted on them preventing anyone from looking in form the outside. At
noon on the weekday when I visited the business there were only a small
number of cars in the parking lot, not the number one would expect to see at
a restaurant or a business catering to the eating public during a traditionally
heavy meal time.
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE
TO
FAX
FROM
January 24,2007
Don Noblit
817.498.5522
Chris Fuller, Development Coordinator
SUBJECT 2-07-003 SUP for alcohol sales
The Colleyville Development Review Committee (DRC) has reviewed your Special Use Permit
request submitted to this office. The following comments are for your consideration.
The Following Comments Require a Response from the Applicant:
1. Describe, in detail, the extent of proposed exterior renovations to the building. Provide
exterior elevation drawings, if possible.
2. Will the existing area that is proposed for occupancy be physically expanded?
3. Will the existing outdoor dining area be utilized? If so, describe, in detail, the extent of
outdoor improvements and facilities.
4. Will the outdoor dining area be screened from Colleyville Boulevard? If so, describe the type
and height of screening materials to be utilized.
5. Will alcoholic beverages be served and/or consumed outdoors?
6. What are the proposed hours of operation?
7. What are the proposed hours of alcoholic beverage service?
8. What types of secondary or ancillary activities will be provided in the establishment? (pool
tables, darts, dancing, live bands)
9. What is the total square footage of the lease area? An establishment that sells alcohol and is
located within a structure exceeding 5,000 square feet must be equipped with a fire sprinkler
system, fire alarm and Knox box. This may be applicable due to the adjoining office
buildings.
100 Main Street - Colleyville, Texas 76034 - 817.503.1050
DEVELOPMENT REVIEW COMMITTEE
Z-07 ~03 SUP FOR ALeOHOL SALES
10. How much of the existing building is proposed for use (calculated in square footage)?
11. Provide a description oflandscaping to be provided along Colleyville Boulevard.
12. Will the parking area be screened from Colleyville Boulevard? If so, describe the type and
location oflandscaping to be planted.
13. Will the adjacent vacant lot be utilized for parking? If so, consent from the adjoining property
owner will be required. Parking improvements constructed in accordance with the Land
Development Code will be required.
14. Provide the following information not currently included within the Statement of Planning
objectives:
a. Provide a copy of the proposed menu in order to ensure compliance with the 60/40
food to alcohol sales ratio;
b. Describe the type and scope of interior renovations to the lease space. Future
alterations to the interior may require approval by City Council;
c. Describe the type of kitchen facilities to be provided (including, but not limited to
hoods and grease trap descriptions);
d. Provide a description of the food to alcohol ratio sales at the Bedford and Keller
locations for the past two (2) years;
e. Provide a description of the staffing levels at the Bedford and Keller locations;
f. Provide a description of the staffing level at this proposed location;
g. Provide a description of the types of incidents, if any, requiring police intervention
at the Bedford and Keller locations; and
h. What classification ofT ABC license is proposed for this location?
15. Provide the following economic development information:
a. The estimated amount of sales tax to be generated by the establishment for the
duration of the lease.
TENTATIVE PUBLIC HEARING SCHEDULE
Planning & Zoning Cormnission:
City Council:
Monday, February 12,2007,7:00 p.m.
Tuesday, March 6 and March 20,2007, 7:30 p.m.
RESUBMITT AL REQUIREMENTS
.
Submit the response letter by Wednesday, January 31, 2007, in order to remain on the
aforementioned public hearing schedule.
Please contact me at 817-503-1054 or fullerc@ei.collevville.tx.us if you have any questions.
PAGE20F2
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE February 5, 2007
TO Don Noblit
FAX 817.498.5522
FROM Chris Fuller, Development Coordinator
SUBJECT 2-07-003 SUP for alcohol sales - 2nd letter
The Colleyville Development Review Committee (DRC) has reviewed your responses regarding
the Special Use Permit request submitted to this office. The following comments are intended to
provide clarification.
The Following Comments Require a Response from the Applicant:
1. Regarding the proposed exterior renovations to the building, the response letter stated that the,
"exterior of the building will be totally re-done with repairs to certain areas that are in need."
Provide a more detailed description of the type of the repairs and changes to the exterior.
2. Will the existing outdoor dining area be expanded or will the patio be constructed within the
same amount of existing area?
3. Staff may recommend a minimum height and types of permanent landscaping to be located
between the proposed outdoor dining area and Colleyville Boulevard.
4. Staff may recommend that no bar, beverage or food preparation facilities be located outdoors.
5. Staff may recommend that outdoor facilities be limited to tables, chairs, benches, umbrellas
and similar related dining accessories.
6. Staff may recommend that staging for music be located indoors.
7. Staff will recommend that fire sprinklers, alanns and a Knox Box be required for this
development.
8. Provide the methodology for determining the estimated sales tax.
100 Main street - Colleyville, Texas 76034 - 817.503.1050
DEVELOPMENT REVIEW COMMITTEE
Z-07 -003 SUP FOR ALeOHOL SALES
9. Provide the following information:
a. Provide a verification of the food to alcohol ratio sales at the Bedford and Keller
locations for the past two (2) years;
b. What classification ofTABC license is proposed for this location?
TENTATIVE PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, February 12,2007,7:00 p.m.
Tuesday, March 6 and March 20,2007, 7:30 p.m.
RESUBMITTAL REQUIREMENTS
.
Submit the response letter by Thursday, February 8, 2007, in order to remain on the
aforementioned public hearing schedule.
Please contact me at 817-503-1054 or fullerc&v.ci.collevville.tx.us if you have any questions.
PAGE20F2
IIBuilding Block for the Future"
Don Noblit Associates, Inc.
Registered Investment Advisor
BAND DELIVERED
February 9, 2007
Chris Fuller
Development Coordinator
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: Z-07-003 SUP for Alcohol Sales - 2nd Letter
5224 Colleyville Boulevard
Dear Mr. Fuller:
Enclosed are the answers to the questions posed in your
second letter dated February 8, 2007.
If you have any questions, please don't hesitate to give me
a call.
SinCerelY: /;
0-)~ -f'/UJ.
D~blit
President
:cc
RECEIVED
FEB 0 9 2007
Per .._.... .:1
8717 Terrell Drive
Fort Worth, TX 76180
Metro (817) 498-1122
P.O. Box 810895
Fort Worth, TX 76182
FAX (817) 498-5522
Offering general securities through SWS Financial Services, Inc. Member N.A.S.DJS.LP.C., (214) 859-1800
1201 Elm Street, Suite 3500 · Dallas, Texas 75270
Georgeo's Sports Bar Inc.
PAPA G's SPORTS BAR & GRILL
2900 Highway 121 Suite 110
Bedford Texas 76021
817-354-4140
February 8th 2007
To: City Of Colleyville Development Review Committee
In response to your second letter:
. 1- Regarding the proposed exterior renovations, we have stated that
the exterior will be redone, meaning that repairs will be conducted to
certain areas that have deteriorated due to bad weather condition,
such as rotted wood section in the main entry. Those will be redone
by replacing the bad plywood, then it will be re-plastered and
painted. We have no intention of adding or changing the outer
perimeter of the building other than painting and repairing minor
areas in order to uplift the looks of the building and giving it curb
appeal.
. 2-Yes the outdoor dining area will be expanded with treated lumber
decking to the length of the building on the side facing Colleyville
Blvd.
. 3-The landscaping will be designed professionally and will be
moderate in height so that the business will be visible to the drive by
traffic. Plants and shrubbery that exceeds certain heights will hinder
what we are trying to achieve, which is visibility and an attractive,
eye appealing look that will enhance our business.
. 4-As stated before there will be no bar in the outside dining and
there will be no food preparation. We will only provide outside food
and beverage service to our patrons.
. 5-The outside dining area will meet your requirements. We will only
have tables, chairs, umbrellas, benches. However we have
previously mentioned that we are planning to place a few outdoor
propane heaters for the comfort of the patrons . The heaters will be
commercial grade. We hope that the heaters will meet your approval.
. 6-We have no plans of having outdoor stage or bands music .The
only music that we are providing for our outdoor diners is piped in
music for their dining pleasure. All bands if we decide to go that
route, will be strictly indoors.
. 7 -Due to the square footage of the building, fire sprinklers are not
required. However we will abide by the rules and have knox boxes
installed and hand held extinguishers will be placed in various areas
of the establishment.
. 8-ln regards to the methodology of calculating taxes we used the
square footage of the eating areas to calculate the estimated
forecasted revenues.
. 9.Tax verification:
. a-As far as providing with two years verification of our taxes in
Bedford, is not available since we only have been in operation since
August 4th of 2006. However attached are our six months sales and
liquor tax documents.
. b- The standard T ABC license will be in place at this location. The
T ABC license is; Liquor - beer & wine sales with late hours.
Attached are the Texas Sales and Use Tax Returns and the
Texas Mixed Beverage Gross Receipts Tax Reports for the
months of August through December 2006 and January 2007.
These are all the monthly returns since the opening of Papa
G'S Sports Bar & Grill in Bedford in August 2006.
riiil\" eNOt
Y.rJP. .~'-"I
L
TexAS MIXED BEVERAGE GROSS RECEIPTS TAX REPORT
.. 1 eo. a 73100 - DO IIt1'r wwm; IN .H/IIIJB) AMM
l::~:::;03695-2 lMOMT:-;:DING 08/~1/1006
g. ..... 8Ild..... Mdr_ (.... -w ~ _llf"_ d1anv- bIIlow.J
You htIW oM_ tigM_ untW CllapMrs ~.m 5511.
o-."".,.~~!Or_~ ""'DlJjI.~
_ '- on _*'A you. COtltMw""" ~ 0<
~,.,.... ""1lI1_ (grm.
I f. Due ....
\ 09/20/2006
--.
IMPORTA~T
8Iect out" Mx it ycullllil r"1.
..._....d1.... 8hOw~ 1
IIy Ile\ll....il~. ~ - - - .. Ii i....J
1I...I.lIull. ,,"1,111111I
GEO~G~O'S SPO~TS BA~ INC
2~OO HIGMWAY ~2~ STE ~~O
8ED~O~D TX 7ba~t.~D33
T
1f)tCIU .. nO toIlfIf ill ...... Of ... ___ n.-.
IIII4Iar IoceHlI It. ~ ..IiP.........
Clwl{IM inIIudlcN an ........ ~... .....
lI~~t~~:~111~~r~~..~~ ../t't I;}<~~" I
~~r ~~:~~:.r~.~;~.:'~~ ;';::~;,:l.~ . i:~i ,i . '. . I
~iMu
T~: IoGaon I'MIIM: PAPA G' $ SPORTS BAR , GR ILL
AddfMe; 2900 HIGHWAV 121 $TE 110
"" 4~~ alD'ORO TJ 60Z1-40
1. .~~ amount (.I..iing price) of coj~ . . -. -
drin_ tor 1tI!.lOCation (Sf1t ~ on NcIt) _ _ _ _ _ _ ~ _ 1.~
\.0CIIII0n numb<<: a 00001
.00 MI'OIfTW'H()tJDOU.ARSONU
2. GtoM..... of liquor tor tal. locatio" _. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ 2. .
.,. eJ-..... of wiM tor thillc:allion _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - 3..
". GroH..... at bMf Md I'!\IIt liquor t.), ..100llla0n _ - _ .- - - - - - - ~ - - - - - - .w - - - - _. .. ·
5. caroll CCMII' ~ (aubjKt kI troll IeCIipCI tax) forthi,locIlliofl tSM irIIIf/Wtillt1e on back) _ _ _ , 5. .
8. Total arou taxabla amount for IIi. IoclItion (TlIIM 01 nwns 2, 3. 4, and 5) _ _ _ _ _ _ _ _ _ _ _ _ e. -
/,
.00
.00
.00
.00
.00
j. T CocIe _ m. For...... 7. " RE1'OIITWHOLS DOLLAM OM. Y
7. T* IP'C*". of \iquQf I"ROM.ILl. LeGATIONS
(".", 2 on thi. ~ ~ tJw ~",1IMn 7 from .a ~ loc4IIiorI wpp/efMnt pqN) - - - - - ~ ,. a
e. T\'lIWII Ql'l*'" of..... FROM ALL LOCATIONS
("""3on~~""INJtlta/of"mBfrtJmaJI~~lUppIetMnt,.,..) _ _ _ _ _ _ e. a
9. Total ;rOM AIet of ""' lIfld JnlIlIiqUOl' FROM ALL LOCATIONS
(IMm If on rM ~ p(u~ h k;JMJ qllftIm Utll'h aJJ ~ /GcMlQlllUppIMlMtt "...) - - - - - -
10, TGIaI grou eov..- CharIta FROM ALL LOCII'T1ON8
(ltttm 5 011 rtJiIJ ~ pl/$ the tGtIIlal1fem 10 from IlllbusiMa rocfltlQn $U"~ ""fIIIIJ} _ _ _ _ - -- 10. .-
L~. b5"5""
~9~
9. . ~'l-I 7/9-
-e-
If) J ~6'f
5", 4860
11. Tetal g,o...mounl FROM AU. :"OCATlONS(TcNlCII Ilwme: " oil, 9, _ 10) _ .. _ _ . _ _ _ _ _ .. _ 11..
12. TOlIIltb due ~~plyltem 11 bytu"" of .1., (1....). I!!NT'eIf DOLLARS AND CENTS} _ _ _ _ _ _ 12. ·
.00
.00
.00
.00
.00
.9b
.0.1.....-........_....-. __0' _ --------.. "--
,~..._ "".-__._.-..._. ______-.-...---- .____~.. '0' ..... _'"
1:S. P.,1IIty (s..~onbal:k) _ _ _ _ _ _ _ _ _ _ _ _ _ _ ._ _ _ _ _ _ _ _ _ _ _ - - ~ - - - 13.
14. In..- (SH i~1lS on be.Ic) _ _ _ _ _ _ _ _ _ _ _ _ _ ~ .. _ .. ... _ _ _ _ _ _ - - ~ - - - - 14.
~ f560 :ih
].........'. ,~(... ~..:'.:... '-J
'.. . ,.. . .'.:' ,,", . '." . "..... ,,1. ..... . ". ".'. .. .
':.::.~;::~..:;~ ..' .~.;.:~~~.~....:.::.jr .....~...~:. .~...: . .
15. iCTAL AMOUNT DUE AND PAYA8L.E (It.", '2 ptw; 1*ItfI1~ and ItIIrn 14) _ _ _ _ - - - - -. - . 1~. ·
G';';;EO IS SPORfS SA: ; Nt
a T Qlg.. . 'f-v-"-
a~""
73020
]'i!Q't~D3'-'S2
OhOta
b
, 1~''''''''tl'I
~b.tof
-J.- a:
I .0
!
[ ....:.._...." _" "Att ~
,.... aD: COW'TROlJ,.ER OF PlJIOC ACCOUNTS
111 E 1'111 en.t
\ Auttin.l'_ !1114-01oo
Cl7.1C1O l'-~.co,el
],11. A
ti} 1h~ r ),,?/Ob
, pd p(l q
~e ~~-4MPi TEXAS IALES AND USE TAX RETURN GG
,.. 26)1.0 .lle_..... ......,.....,. .......,.............
Ie. -1"_,..._ '''':;11",- -
1-20.~90369S-2 'MONTH END 08-31-2006 0608
'..~rf/lJI..CuIodl. h..
L~.m 09-20-0' I 825000
1-' /'ftQ _Of.....~ MIiIw-)
. 2900 tflcaHWAY 121 STIE "0
BeDFO~O TX 7GO~'-4033
2b~~olaOq'Qi~~S2~ obOa000010!250002
II" .1.111111'11I.1. 1.1111.11111I.11..11...11... 11111,1..11..' ItO
~OftGCO'S S~S BAR INC
DOl PAPA 6'S $PO~~ eAR. GftXLl
2"100 HiGHWAY :.el. STE ).],0
8En~O~D T. 7.ceM-~033
......... =::..
II.....
.....
.. ......
... ......
.. aur...__... ...
PO 110'''''''' UIUN ..
. ,. ....",.......
t. 'TOTAL IIM..
. ~........,- - -
a. 'tAXAlLlwa
. (WIlIlft--~)- - -
a. T....."-=:M1\MlI +
. ~---...) ~ - -
c, ,-.a_III
......... =
. ....'.-,,} - - -
t. T.... . X IIA'I'I. I LOCAL
.w;19........ .082Soo _
.. ,.." V FIUIIIO I:ItCOUNT - -
..
1. ""'-..,...... _ _ _ _ _ _
L ..... to: All _
,*-__..,.r~""""li.i -
..~...... +
(fM 11vlv:IItItw1_ - _ - - - -
1Q. 'tOTAL. AIIaUII1'. DUI
. ANOMY" _
"""'''"""IJ)__ _ _ _ _-
11779~
II 77'" ~
.!l5l..
100
1/77f~
'17/ 77
'f~. ,."
?Jl..3./~
f R. 3/ B
li..-
TEXAS ftllXEO BEVERAGE GROSS RECEIPTS TAX REPORT
';",
. _," 1.1C-odt .73100 .DONOTWlllmINSHADEDMeM
I c. T....~ I r 4. ~ period ---
i . 1-20-4903695-2 . ~ AONTI!,~~L.Q'-6012006
II MIM ,,"4 fI\lIifn9 ...._ (r.... *IV _".Y ~ Of ..,... ...11I0- -.)
'a::.' -
:,..., .....,..}
'YOU""" otIUh""" UItIW ~ 162.-4~.
~ CclH, 10 NMitIW.I*NMIf. IItII e<<rtd qIbr,...x,n
_ ~ "" lit Cf/AA JQ,/. CorJlIa 1M."..... ~
~1UllNf ~Dr''''' bm.
L~;f~/2006
.~
i
~
IMfOAT~.
IIIlIdl GUlIh. bole if >>,IU ~O lJ
....._~. 8h_~ 1. I
Ity .... jnprirMd~. - - - - ... .
It rGU ..110 ~ in 11II"" Of yaurllllllinMt MINI
1nlL'Q" klodDft /MIl ~o,. 10'" .........
C111f\~ iM""~' lIP -.1Mdt or.. foml.
Ifj;;~.:.;<',<r~:' "'~..s-!""f.:.'.r-;'..{.'~' . .,',;l;l1 r;t~--"~f\ ;~
U1:J.; ~::~~l:;':::r1f~tf.:'~': ~y:~':: :~ ~~~ ~
""11.111111.11,, 11111I11I
GE6RGCO'S SPORT~ eAR ~~c
a~oo ~IGNW~Y ~a~ ST~ ~lO
a~>>r~~D TX 7.D2~-~03~
---,
I
2.H"O \
"l' ABC Permit B\l11f!eH
nurntlllf: \oc;IIlIonl'-mtI: PAPA GIS SPOAlS BAR&. GRILL
A6d~. 2900 HICHWlV 121 STi 110
L ~86"4~ BEDFORD TX 6021-"0 3
i. 00Iu amour:t (*......roo f:IIiC*) of comPlomtfltalV
dl"l'lk. for ttlia ~n (9" ittIIfM:lillms 1M tltadr) _ _ _ _ _ - .. - 1..
Locatio!'! numMr: . 0000 1
.00 1IS'ORr~ DOf..LAIIM OM.V
6 TOWII Q{QM ~k -.rnol.llllt ior 1t1~ Ioocdion mltfll 01 !te/N 2, 3. .. anti 5 j . _ ~ .. _ _ . ~ _ # . _ _ 6. ·
. AI; .(J tP / ~. .00
.~~,~,~;; .00
. f'/'Z .00
. _ ~ .00
.00
2. ~ ... of liquor far 1tt.1ClCIIlion _ _ _ . . _ _ ~ _ _ _ ~ . " . _ ., .. . . _ ~ _ . _ .. _ .. ~.. 2.
~, GfoasMllKofWW1etlM'tIllllocciorl _ ~ _ _ _ _ _ _ _ _ . _ # '" _ _ _ _. . .. .. _ _ .. .. _ _ _ _' 3.
.. GronM~ ol","fllndmdliquorform..~ . _ _ _ _ _ _ _ _ _ _. _ _ _ _.. _ _ _ _ ~ ~. 4.
5. Gr"C oow' oharge_ (sub)1ICt to QIOIiS r~ tu:) foIlhlS ioctltlcn (~I!I$ttU~ on 0<<1K) _ _ ~. 5.
r I r \;(JIJI . 1;n1Cl ..... -- ,.,..,... r. 11 ItE.PORT WHOlZ DOU..ARI OM. Y
7. i Ri g!'OM .... of l",uQf F1=tOM .~L LOCA T1OfolS 6' II
I tltflttl Z 170 thi6 pa~ pIlJ.",. total",ft<<n '''orrt aUUlIi".. /Qc.CJcI(lI4J"""'" ~) _ ~ _ _ _ _ 7. I., ~ ~ t:J1 .00
ft. T*' erocc... a4 WIM FROM AU. LOCATIONS JtJ
{ltemJont:w.~plud,.tof"'o"""8fMnttJkbv~loc:lItfonw~PfI{1fIs' _ _ _. _ _ 6. . ~I Z .00
9. TotIII 1I,osu"'ufbMf <<rid "1l1lquOf FROM AU L.OCATlOOS ~ /1 1/
(Itttm 4 ,m (",. ~~ pItJ$. ",. t*J of INm ~ 1tclrtI., ~ locatlQf1 sc:pp.n.,.", ptJgIH) _ _ _ _ _.. e. .~ '- ?- J f1 Tb. .00
10. Tolal g.osc cover~. FROM ALl. L.OCAllONS ,...,
(I... 5(IfJ,h/$p<<~ pu~lMtDttt'~n.m to frDtfJaNw.;,., /ocIItitJn-.J~~sl_ _ _ _ _ _ 10. . __ ~. ' .00
11, iOllllllro.. amount FAOM ALL I.OC"TIONS (T"""af'~ " s. g. attd 10) _ _ . . _ _ _ _ _ _ ._ _. 11. . _ ~ I / I () 'I .00
12 lOlal1aXaue iJilIlY(a'yftll'l 11 b}'lUnlJJct.l41 {143'} ENTF#HiOLUlfSIWPCf.NTSJ _ _ _ _ _ _ 12. . )/ 7'i"i" .~
~3. p~ {s..".":dicJrlfort~1 _ ~ _ _ _ _ _ _ _ _ _ ~ _ ~ _ _.. _ _ _ _ _ _ _ _ _ _ - ~ ~ - 18.
-B- _,
e-
Sf t,~ ~
I t~:;r:;,H~}:i);~;..G,:-;..~::u"::<LJ I!r:' ::.'::,: .!::",<.;;:" .; . >- 1
14.lnUltfltt(SHlnttnlc.cklnlon blK:lrJ ~ _ _ _ _ _ _ _ ~ _ ~ _ . _ _ _ _ _ _ _ _ _ _ _ _ _.. ~ _ _ - 14,
us. TOTALA~OUNT.OUeAND PAYABlE (~1ZplJ. n.m 13afkJItJam ,.) _ _ _ _ _ _ _ _ _ _ _ _. 15. .
11._~;&E~1 S_ SPORTS ~AR INt
. 'CllI4. . T.......__
. .......
13Q20
li!(J"~03b'S2
01.0'
4
:&:
Var;tiM
,...... -.... "''''''''1
~C'/~~l
. 1
,
r --
.l-.--..~.....".._~.w~ I
M8il b:I: C~~()Ul;R OF PullUC ACCOUNTS
I 111 E. 1711 sn.t
. ~_ T_7&n4-0100
~.............- ~
e1-1llG{Rw~1
].3,]. A
.._----_.~-_.. . .-.. . ..
-....--......
". .
vh
'10
-' e~
{Kf
Q&I '=' ~.$~!~ TEXAS SALIS AND USE TAX RETURN GG
. . 2611tO :Oo~""'''''''''''''''' ...:..~~.-.
f'Z'i'T."............- 1 d- Pi..... oori..
Ll-lO-'90369S-2 i~ONrH END 09-30-2006 0609
1'..o...~."llOua"-' III.. -
L~~~~i 10-20-06 I082500~.
. ~.N-._(1f___~~lIIIIClo<i
i ~900 HJQtW"Y 121 sn 110
'. 8fOFORO TX 'Teoa 1.4093
2b}q0120q'03b'S2~ ObO'D00010&~5000D
11'11'.1111111111I1'\11111.11111I II mll'lIl1ll1l1.. 1,1111111' ~o
GEO~GEO'S S?O~TS BA~ INC
;lBA P"PA G''S S~'"'S BAr. r.. ~ZLL
2~OO HIGHWlY ~~1 STE l~Q
9~~FO~D TX 7~Oe1-~C33
L wr,. ........1IA1l a.
DO 11th.".,.. .,
. 110...... it....... Y
1. TCn'A&. M&.P
. /WtIdItI cIllIIW$_J - ~ -
a.T~ULP
. ~"""'lW1}- - ..
a. TAJCMU~ +
. ~""M;) - - -
4. 'f_ ......",
....... .. "I(
. ,..,.:1,.. ,....ltj _ _ _
$.1..... . X itA'" X i.OCAL
~,...,.cor .082S00 ..
.. m.t.y."I.ING.~ - ·
1. Prior ......_ _ - _ - - -
0. HIt ...... -
/lIUIIIlICf llIPlIrI, MIl r __ ,., $.1 -
..~.,.~ +
~~)-_.--~-
10. tOTAl.MIOCMT DUE
._'AVI&I _
.'_.,) - - - - .. .. -
-
-
11,Jl.{''' ,:
I/,,~b ~ ~
00
100
II, 2 h &' ,:
,;.g ~S
"17
9 ~l 7 B
~ ':11: "HI'>
~. (If.v.8lJ&(jj
L
TEXAS MIXED BEVERAGE GROSS RECEIPTS TAX REPORT
.. T eDGe . 73100 . DO NOT........ .,NIffD -.MI
. d.fllil\t__ ~--
I c. T~ ....mbtf
. 1-20-4903695-2 ~1H ENDING 10/31/2006
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9. TOIIII aroM Mltl of bMr 8M ~ \iquor FROM AlL LOCA.TIONS
(/tarn .. CI/I th. ,.,. ptts If>> 1<<" of t..m ~ frtIm ~ bcI.a:nNlJ IooaIion *'~ ~) _ .. _ . _ _ 9 .
10. T_ gl"OH ~lIltr cn.rps FAOW AU.. LOCATIONS
(ttem ~ (In ".. ,.,. pW ~ 60tIII at IMm r D Iiwn .. b/J..... locatIOn EllA"""" ".,..J _ _
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TEXAS MIXED BEVERAGE GROSS RECEIPTS TAX REPORT
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GEOf<<OE:O' S SPOR"ts BAR J:NC
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numb<<: toc.Iion name: PAPA GIS SPORTS eAR ~ GRILL L..acadon ~ . 00001
Add.-: 2900 HI QHWAY 121 STE 110
"B63.~.~ BEDFORD TX 7&021-"033
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2. ~""'OfllquorfQr"locIIbn _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~ _ _ _ _ _ _ _ _ __ 2. . ~h~/o6 .00
3. ~..... of Wine fortlM IoclIIilIn _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 3. . "Tvn 7 .00
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s. Gross COWlf Gft~ (.ub;ed to gross reoeipCIa I$C) (or Iftie ~ (..~Dn,.,.) _ _ _ _ 5. . .--e-'. .00
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~ T Codt . 731. For..... 7. '1 REI'OIIf'WHOU! DOUAAI OM. Y
7. TIM jJQIC'" of Iiquar mou ALL I.DCAlIONS J
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(Item" on"'""",,,, toW_".. g fDn.. ~ ~ au".,.. pIIQee) _ _ _ _ _ _ 9. . D' ;> ",\.00
10. TtltIIIg~ ooww ~ FROM AU. t..OCAl1ON8 ~
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, 1. TataI g_ amount FROM AU. LOCAtIONS (Total tit".. 7. B, 9, ed 10) _ _ _ _ _ _ _ _ _ _ _ _ 1'. · '-1_
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City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
File Type: Case
Status: Commission Public
Hearings
Controlling Body: Planning and
Zoning
Commission
Version: 1
Agenda Date: 02/12/2007
Requester: Community Agenda No.: 8c Final Action:
Development
Department
File Name: Approval of a Zoning Change from R40-Single Family Residential to R20-Single Family
Residential on 1.9 acres out of the T.J. Polson Survey located at 4812 Bransford Road, Case
Z-07-004
Attachments: Location and Zoning Map . List of Property Owners Notified . Development Review
Committee Memo . Applicant's Response . Zoning Exhibit. Proposed Ordinance
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 02/12/2007 Planning and Zoning
Commission
Title
Approval of a Zoning Change from R40-Single Family Residential to R20-Single Family
Residential on 1.9 acres out of the T.J. Polson Survey located at 4812 Bransford Road,
Case Z-07-004
Explanation
Request. Andrew Butler has submitted a request to rezone 1.9 acres of land located at the
southwest corner of Glade Road and Bransford Road. The applicant is requesting to
rezone the property from R40-Single Family Residential to R20-Single Family Residential.
Platting. The subject property consists of two tracts, neither of which is platted. The
properties are developed as a single residential lot that contains an existing home. The
developer has submitted a zoning exhibit that illustrates future plans to subdivide the
property into three residential lots. Upon approval of the rezoning request, approval of a
minor plat will be required prior to the issuance of building permits.
Lot Sizes. The developer has submitted an exhibit illustrating the property boundaries.
The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of
100-feet and lot depth of 125-feet. This site is sufficiently large enough to accommodate a
three lot development.
Master Plan. The Colleyville Master Plan designates the future use of this area for single
City of Colleyville
Page 1
Printed on 219/2007
Agenda Briefing Continued
family residential type land uses. The proposed rezoning is in conformance with the land
use portion of the Master Plan. The Master Plan contains a recommendation that estate
lots be developed adjacent to collector streets, such as along Glade Road and Bransford
Road. The proposed rezoning is not fully compliant with that recommendation. However,
the Master Plan also contains a recommendation that greenbelts and buffer areas should
be located in front of subdivisions adjacent to major thoroughfares to promote the rural
atmosphere in lieu of estate homes. Each of the three proposed lots is in excess of the
minimum 20,000 square foot lot area requirement, which may provide sufficient
undeveloped front yard areas adjacent to Glade Road and Bransford Road that would
simulate estate lot developments.
Surrounding Development Trends. The surrounding properties are primarily single family
residential in nature. Properties to the south, north and west are zoned R40-Single Family
Residential and are currently developed as single family residences. The property to the
east is zoned CC1-Village Retail, and developed as Bransford Elementary School.
Sidewalks and Trails. The Land Development Code requires sidewalks along all public
streets. The sidewalk along Glade Road must be a minimum of five feet in width and
installed when any new structures are built on the property. There is an existing sidewalk
located on this site along Bransford Road. The developer will be responsible for replacing
and/or repairing the sidewalks, should damage occur during the construction process.
Traffic Generation. The Institute of Transportation Engineers publication Trip Generation
provides estimates of expected traffic generation based on land use. Data has been
collected in the United States and Canada since the 1960's, primarily in suburban locations.
Single-family residences are expected to generate 9.57 trips per day, on average. Based
on this average, a three lot development would add approximately 29 vehicle trips per day
to the surrounding roadways.
Public Notification. Staff mailed notices to 14 adjacent property owners regarding this
request. Notice was published in the Fort Worth Star-Telegram as required by state law and
the Land Development Code. No correspondence has been received regarding this
request.
Summary. While the proposed residential development is not fully compliant with the
2004-2025 Future Land Use Plan regarding the development of estate lots along collector
streets, staff feels the location of the development justifies the proposed rezoning request.
The proposed development exceeds the minimum requirements of the R20 zoning district
and may be developed to simulate estate lots.
Recommendation
Approval
City of Colleyville
Page 2
Printed on 219/2007
4708
4704
Z-07 -004
I\ndrew Butler, applicant
3008 Love Oak Drive
North Richland Hills, TX 76180
Arrington, Cora Nadine
405 Glade Rd
Colleyville, TX 76034
EI-Chantaf, Faisal Etux Myriam
4804 Bransford Rd
Colleyville, TX 76034
Grapevine Colleyville ISD
3051 Ira E Woods Ave
Colleyville, TX 76051
Moore, Harold M
12901 Nicholson Rd Ste 240
Farmers Branch, TX 75234
Schlattman, Diana
2302 Welsh Cir
Colleyville, TX 76034
List of Property Owners Notified
Andrew Butler, applicant
8008 Love Oak Drive
North Rich1and Hills, TX 76180
Chase, Satya
9763 Mock Orange Ct
Manassas, VA 20110
Falls, Ted, owner
PO Box 34
Colleyville, TX 76034
Hales, Clifton D
PO Box 338
Colleyville, TX 76034
Parker, Sharon R
7700 Jefferson Cir
Colleyville, TX 76034
Ward, Norris D Etux Carolyn A
409 Glade Rd
Colleyville, TX 76034
Andrew Butler, applicant
8008 Love Oak Drive
North Richland Hills, TX 76180
Diaz, Drew M Etux Sophie T
4800 Bransford Rd
Colleyville, TX 76034
Kelton, Roger S Etux Linda D
4813 Ford Ct
Colleyville, TX 76034
Roden Properties Inc
*4901 Bransford Rd
Colleyville, TX 76034
Zakhary, Ade1 Alphonse
7204 Waldon Ct
Colleyville, TX 76034
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE January 22, 2007
TO ANDREW BUTLER
FAX 817.788.4845
FROM Chris Fuller, Development Coordinator
SUBJECT Z-07 -004 4812 Bransford Rd - R40 to R20
The Colleyville Development Review Committee (ORC) has reviewed your zoning request
submitted to this office. The following comments are for your consideration.
The Following Comments Require a Response from the Applicant:
1. Label the exhibit as a Zoning Exhibit, not a Preliminary Plat exhibit.
2. Will the existing structure remain on Lot 2? If so, provide the R20 zoning setbacks (front, rear
and side, in order to determine compliance with the R20 development regulations.
3. At the time of platting, will Lot 2 be expanded in order to provide a larger building envelope
for a new structure on a comer lot?
4. At the time of platting, an easement will be required for the entire creek area. Contact Chad
Bartee, City Engineer, 817.503.1095, for more information.
5. Pending approval of the rezoning request, the property must be platted prior to development.
Refer to Chapter 8 of the Land Development Code for plat requirements.
6. If the zoning request is approved, the property shall be subject to the general provisions of the
R20 zoning district.
IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on the property. The fees listed below are intended to provide general
information on the fees that could be assessed. The actual fee paid may be different depending
upon the specific use of the property, proposed utility construction, or conditions in an existing
City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code.
Please note the revised impact fee schedule as adopted by City Council. The new rates will go
into effect for building permits issued on or after April 1, 2007.
100 Main Street - Colleyville, Texas 76034 - 817.503.1050
DEVELOPMENT REVIEW COMMITTEE
Z-G7-G04 4812 BRANSFORD RD R40 TO R20
SEWER
$2,187 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot
$2,491 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$643 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
ROADWAY
WATER
The following impact fee schedule is applicable for building permits issued on or before March
31,2007.
ROADWAY
Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE
FAMILY RESIDENTIAL uses for new lot.
$2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
WATER
SEWER
SIDEWALKS. The Land Development Code requires sidewalks along all public streets. The
sidewalk along Glade Road must be a minimum of five feet in width and installed when any new
structures are built on the property. There is an existing sidewalk located on this site along
Bransford Road. The developer will be responsible for replacing and/or repairing the sidewalks,
should damage occur during the construction process, prior to the issuance of a Certificate of
Occupancy for new buildings on the site.
PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the
subdivision plat. The fee for residential development is $1,802 per newly created lot.
TREE PRESERVATION. Trees not located within the right-of-way must be preserved during
construction. Before construction begins on the site, protective fencing must be installed around
all preserved trees located outside the right-of-way~ The fencing must be located at the drip line of
the preserved trees. The protective fencing may be comprised of orange vinyl construction
fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must
remain in place during the entire construction period.
TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat
approval, at the time of submittal for a clearing and grading permit. A copy of the approved
subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of
existing trees within the building setback areas. Trees within with right of way and building pad
are exempt from the tree mitigation requirements and do not have to be shown on the survey.
Provide a table on the exhibit that lists the size, per caliper inches, and type of trees within the
building setback areas within each lot.
TENTATIVE PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, February 12,2007,7:00 p.m.
Tuesday, March 6 and March 20,2007,7:30 p.m.
PAGE 2 OF 3
DEVELOPMENT REVIEW COMMITTEE
Z.(J7.(J04 4812 BRANSFORD RD R40 TO R20
RESUBMITT AL REQUIREMENTS
Please submit the following to our offices:
. A written letter stating that each comment has been addressed or stating reasons why the
requirement should be modified or waived;
· Provide 20 full size (11 x 36) copies ofthe revised exhibit;
· Provide one (1) reduced size (8.5 x 11) copy of the revised exhibit.
The above requested items must be submitted no later than noon on Tuesday, February 6, 2007,
in order to make the scheduled hearings. Please contact me at fullerc(ci),ci.collevville.tx.us or
817.503.1054 if you have any questions.
PAGE30F3
Page 1 ofl
Amy Sheney
From: Heaven Butler
Sent: Monday, February 05,20074:26 PM
To: Amy Shelley
Subject: FW: Colleyville
This is for the Bransford/Glade rezoning request. Thanksl
From: Andy Butler
Sent: Monday, February 05,200712:49 PM
To: 'Heaven Butler'
Subject: Colleyville
Please consider these responses to your comments regarding our request to re-zone the property at the corner of
Bransford/Glade to R-20
1. See revised exhibit
2. We will remove existing home to make way for new construetion
3. We are open to the committee's feedback about expanding the building envelope on Lot 2
4. We understand the need for the easement along the creek. We have left a message for Chad to discuss
the requirements.
5. We understand the need for the property to be platted prior to development.
6. We will comply with the requirements of R-20 zoning
Andy Butler
Thomas Cole Custom Homes
817-703-5535
2/5/2007
t
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ORDINANCE 0-07 -xxxx
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS,
AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING ON 1.9 ACRES OUT OF THE T.J. POLSON SURVEY,
FROM THE R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO R20-SINGLE
FAMILY RESIDENTIAL 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-07-004; 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 0-07-XXX)(
Page 2 of 3
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning of 1.9
acres out of the T.J. Polson Survey from the R40-Single Family Residential
zoning district to the R20-Single Family Residential zoning distriet, as
depicted in the attached Exhibit "A" and deseribed in Exhibit "B".
THAT the above described tract of land shall be used only in the manner
and for the purposes provided by the Comprehensive Zoning Ordinance of
the City of Colleyville as heretofore amended, and as amended herein.
THAT any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
in a sum not to exceed the sum of Two Thousand Dollars ($2,000.00) and a
separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall not
affect the validity of this ordinance as a whole or any portion thereof other
than that portion so decided to be invalid or unconstitutional.
THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2007.
day of
Ordinance 0-07-xxxx
Page 3 of 3
The second reading and public hearing being conducted on the
2007.
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
.t
EXHIBIT "A"
EXHIBIT "B"
WHEREAS.. Thomas Cole Homes" LP, a texas limited partnership is the sole owner of a 1.943
aet'e tract of land In the T .J. Potson Survey. Abstract No. 1248 in the City of CofleyyflJe. Tarrant County,
Texas and bemg 8 portion of that certaintraet of land described in Instrument No.
of the Deed Re~ords of Tarrant County, Texas and being more particularly described as follows:
BEGINNING at an axle found at the southwest comer of herein described tract and also being by
platcalllhe northwest comer of Lot 1, BloCk 1 Godwin Addition, an Bddition to the City of
COlteyvllle, Tarrant County, Texas as recorded in Cabinet A, Slide 6057 of the Plat Rec::ords of
Tarrant County, Texas and He being In the east line of that certain.tract of land 88 described in
deeffto Noms Dean Ward and wife, Carolyn Ann Ward as reootded in Volume 8189. Page 783
O.R.T.C.T.;
THENCE N 050 09' Oa' W alOng said east Une of Ward tract a distance of 252. n feet to an "XII
cut In the sidewalk In the south right..ot..way line of Glade Road (R.O.W. vaires);
THENCe N 890 08' 3311 e along said right-of-way Ime a distance of 326.48 feet to an "X" cut in
the sldewal~
THENCE S 17024' 5'" E a distance of 56.40 feet to a 1/Z' iron rod set With a "TQ Burks" cap in
the west right-of.way line of Bransford Road (R.O.W. varies);
THENCE S 020 47' 41" E along said west rlght..of__y line 8 distance of 200.85 feet to a 1121 fron
rod found with a "LANDES" cap at the northeast comer of said Godwin Addition;
THENCE S 694 aT ocr W along the north line of IBid Godwin Addition a distance of 330.44 feet
to the Point of Beginning and containing in all 84e4O squn feet or 1.943 acres of land.
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
File Type: Case
Status: Commission Public
Hearings
Controlling Body: Planning and
Zoning
Commission
Version: 1
Agenda Date: 02/12/2007
Requester: Community Agenda No.: 8d Final Action:
Development
Department
File Name: Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 8.0
acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-07-005
Attachments: Location and Zoning Map . List of Property Owners Notified . Development Review
Committee Memo . Letter in Opposition . Proposed Ordinance
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 02/12/2007 Planning and Zoning
Commission
Title
Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 6.4
acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-07-005
Explanation
Request. Ron Shirley has submitted a request to rezone 6.4 acres of land located on the
south side of Glade Road, south of Riverwalk Drive. The applicant is requesting to rezone
the property from AG-Agricultural to R20-Single Family Residential.
Platting. The subject property consists of one tract that is not platted. The property is
currently developed as a single residential lot that contains an existing home. The
developer has submitted a zoning exhibit that illustrates future plans to subdivide the
property into nine residential lots with frontage along a newly constructed public street.
Upon approval of the rezoning request, approval of preliminary and final plats will be
required prior to the issuance of building permits.
Lot Sizes. The developer has submitted an exhibit illustrating the property boundaries.
The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of
100-feet and lot depth of 125-feet. The developer proposes to construct a cul-de-sac to
provide lot frontage. This site is sufficiently large enough to accommodate a nine lot
development.
City of ColIeyville
Page 1
Printed on 2/9/2007
Agenda Briefing Continued
Master Plan. The Colleyville Master Plan designates the future use of this area for single
family residential type land uses. The proposed rezoning is in conformance with the land
use portion of the Master Plan. The Master Plan contains a recommendation that estate
lots be developed adjacent to collector streets, such as along Glade Road. The proposed
rezoning is not fully compliant with that recommendation. However, the developer has
indicated on the zoning exhibit that Lot 1, the only residential lot with frontage along Glade
Road, will be developed in accordance with estate lot standards. The Master Plan
designates estate lots as being 30,000 square feet and greater. The proposed lot will
contain a lot area of approximately 29,079 square feet, which will simulate an estate lot. In
addition, Lot 1 is a corner lot with frontage along Glade Road and the proposed cul-de-sac.
As such, Lot 1 will be required to provide a front yard setback along Glade Road that will
serve a greenbelt between the road and the building envelope.
Surrounding Development Trends. The surrounding properties are primarily single family
residential in nature. Properties to the west and south are zoned R20-Single Family
Residential and are currently developed as single family residences. The property to the
east is zoned AG-Agricultural and is developed as a single family residence. The property
to the north is zoned PUDR-Planned Unit Development Residential and developed as a
mixture of office and retail uses.
Sidewalks and Trails. The Land Development Code requires sidewalks on all public
streets. The sidewalks internal to the development must be a minimum of four feet in width
and installed when any new structures are built on the property. The sidewalk along Glade
Road must be a minimum of five feet in width.
Traffic Generation. The Institute of Transportation Engineers publication Trip Generation
provides estimates of expected traffic generation based on land use. Data has been
collected in the United States and Canada since the 1960's, primarily in suburban locations.
Single-family residences are expected to generate 9.57 trips per day, on average. Based
on this average, a nine lot development would add approximately 86 vehicle trips per day to
the surrounding roadways.
Public Notification. Staff mailed notices to 23 adjacent property owners regarding this
request. Notice of the public hearing was sent to the Fountains at Riverwalk Homeowner's
Association. Notice was published in the Fort Worth Star- Telegram as required by state law
and the Land Development Code. Staff has received one letter in opposition to this request.
The letter has been included as an attachment to this agenda briefing.
Summary. While the proposed zoning district is not fully compliant with the 2004-2025
Future Land Use Plan regarding the development of estate lots along collector streets, staff
feels the development Lot 1, in accordance with estate lot standards, justifies the proposed
rezoning request.
Recommendation
Approval
City of Colleyville
Page 2
Printed on 2/9/2007
11 DO 11 04
1209
1105
AG
AG
1305
1 00 11 04
1213
1209 1301
1101
1100
1303
1201
101 1105
1 304 1 308 1 312
Z-07-005
Collins, Michael Etux Janet
1208 Chatsworth Dr
Colleyville, TX 76034
Duke, Clifton R
3416 Circle Bend PI
Edmond, OK 73034
George, Aby Etux Rosamma
1209 Glade Rd
Colleyville, TX 76034
Hubbard, R G
PO Box 494
Colleyville, TX 76034
Jackson, George M
1117 Garry Lynne Dr
Colleyville, TX 76034
Peitzsch, Fred Etux Carolyn
1300 Chatsworth Ct E
Colleyville, TX 76034
Rsd Equity Partners Ltd
704 Kent Ct
Southlake, TX 76092
Whitten, Harold Etux Linda
1209 Garry Lynne Dr
Colleyville, TX 76034
List of Property Owners Notified
Ron Shirley, applicant
5611 Colleyville Blvd. Suite 260
Colleyville, TX 76034
Cox, Hulen W Etux Dorothy J
1205 Garry Lynne Dr
Colleyville, TX 76034
Fountains At Riverwalk Office
704 Kent Ct
Southlake, TX 76092
Grisso, Terance R Etux Candice
1205 Glade Rd
Colleyville, TX 76034
Idol Investments Lie
1304 Glade Rd
Colleyville, TX 76034
Lansford, Chas W Jr Etux Stacy
1313 Glade Rd
Colleyville, TX 76034
Rcp Glade Road Ltd
32 Village Ln Ste 200
Colleyville, TX 76034
Salazar, John Etux Eva
1201 Garry Lynne Dr
Colleyville, TX 76034
Whitten, Harold Etux Linda
1209 Garry Lynne Dr
Colleyville, TX 76034
Ron Shirley, applicant
5611 Colleyville Blvd. Suite 260
Colleyville, TX 76034
Del Hierro, C & G Bone
5008 Bluebonnet Rd
Colleyville, TX 76034
Gammil, Greg
1312 Chatsworth Ct E
Colleyville, TX 76034
Hautanen, Osmo A
1304 Chatsworth Ct E
Colleyville, TX 76034
Indukuri, Raju & Vijaya
1212 Chatsworth Dr
Colleyville, TX 76034
Mauney, Keith Etux Tara
1216 Chatsworth Dr
Colleyville, TX 76034
Rodgers, Conrad B Etux Jackie
1213 Garry Lynne Dr
Colleyville, TX 76034
Smith, Denis J Etux Mona J
1308 Chatsworth Ct E
Colleyville, TX 76034
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE January 23,2007
TO RONSHrnLEY
FAX 817.281.8338
FROM Chris Fuller, Development Coordinator
SUBJECT Z-07-005 1301 Glade Rd - AG to R20
The Colleyville Development Review Committee (DRC) has reviewed your zoning request
submitted to this office. The following comments are for your consideration.
The Following Comments Require a Response from the Applicant:
1. Pending approval of the rezoning request, the property must be platted prior to development.
Refer to Chapter 8 ofthe Land Development Code for plat requirements.
2. Ifthe zoning request is approved, the property shall be subject to the general provisions of the
R20 zoning district.
IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on the property. The fees listed below are intended to provide general
information on the fees that could be assessed. The actual fee paid may be different depending
upon the specific use of the property, proposed utility construction, or conditions in an existing
City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code.
Please note the revised impact fee schedule as adopted by City Council. The new rates will go
into effect for building permits issued on or after April 1, 2007.
SEWER
$2,187 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot
$2,491 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$643 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
ROADWAY
WATER
The following impact fee schedule is applicable for building permits issued on or before March
31,2007.
100 Main Street - Colleyville , Texas 76034 - 81 7.503.1050
DEVELOPMENT REVIEW COMMITTEE
Z-07 -0051301 GlADE Ro AG TO R20
ROADWAY
Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE
FAMILY RESIDENTIAL uses for new lot.
$2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
WATER
SEWER
SIDEWALKS. The Land Development Code requires sidewalks along all public streets. The
sidewalk along Glade Road must be a minimum of five (5) feet in width and installed when any
new structures are built on the property.
PARKLAND DEDICATION FEES. Parkland dedication fees are not applicable as an existing
residential structure exists on the property.
TREE PRESERVATION. Trees not located within the right-of-way must be preserved during
construction. Before construction begins on the site, protective fencing must be installed around
all preserved trees located outside the right-of-way. The fencing must be located at the drip line of
the preserved trees. The protective fencing may be comprised of orange vinyl construction
fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must
remain in place during the entire construction period.
TENTATIVE PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, February 12,2007, 7:00 p.m.
Tuesday, March 6 and March 20,2007, 7:30 p.m.
RESUBMITT AL REQUIREMENTS
Please submit the following to our offices:
· A written letter stating that each comment has been addressed or stating reasons why the
requirement should be modified or waived;
· Provide 20 full size (11 x 36) copies of the revised exhibit;
· Provide one (1) reduced size (8.5 x 11) copy of the revised exhibit.
The above requested items must be submitted no later than noon on Tuesday, February 6, 2007,
in order to make the scheduled hearings. Please contact me at fullerc(QJ,ci.colleyville.tx.us or
817.503.1054 if you have any questions.
PAGE 2 OF 2
Page 1 ot 1
A.my Shelley
From: mona
Sent: Tuesday, January 30, 20014:27 PM
To: Amy Shelley
Subject: Zoning Case Z-07 -005
Dear Ms. Shelley,
I received a Notice of Public Hearing today with the above referenced case number. We would be very
opposed to the rezoning of this property from Agricultural to R20. When we bought our home 7 years
ago one of the primary considerations in our purchase was the zoning of the properties behind us. We
desired to be in a neighborhood yet have some privacy and feel of more natural space. The property in
question offers natural beauty, trees, quiet, and privacy by nature of it 's zoning. The changing of the
zoning of the property to allow multiple residential properties would drastically change the feel,
desirability and value of our property. We will do whatever is within our means to stop this zoning
change from being approved.
Thank you for fOlWarding this letter to the Planning and Zoning Commission hearings and to the City
Council for their hearing.
Sincerely,
Mona and Denis Smith
1308 Chatsworth Court
1/30/2007
ORDINANCE 0-07 -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 6.4 ACRES OUT OF THE GEORGE W. TEETER
SURVEY, FROM THE AG-AGRICUL TURAL DISTRICT TO R20-SINGLE FAMILY
RESIDENTIAL 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-07 -005; 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 0-07 -xxxx
Page 2 of 3
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning of 6.4
acres out of the George W. Teeter Survey from the AG-Agricultural zoning
district to the R20-Single Family Residential zoning district, as depicted in
the attached Exhibit "A" and described in Exhibit "B".
THAT the above described tract of land shall be used only in the manner
and for the purposes provided by the Comprehensive Zoning Ordinance of
the City of Colleyville as heretofore amended, and as amended herein.
THAT any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
in a sum not to exceed the sum of Two Thousand Dollars ($2,000.00) and a
separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall not
affect the validity of this ordinance as a whole or any portion thereof other
than that portion so decided to be invalid or unconstitutional.
THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2007.
day of
Ordinance 0-07 -xxxx
Page 3 of 3
The second reading and public hearing being conducted on the
2007.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT "A"
1101
1309
EXHIBIT "B"
FJELD NOTES to th8t catS.ll rr.ct situat~d in the (leOf~ W, Teeter SUM.)'. Amend NlIJnber 1543. ill the City ofColley"llillc. Tlnarot COlInty. Tex.....leI lteins the 1lInw: tnlct
dcsCl'ibed in Ihe deed to C1iftoll R, Duke IIncl wife, Cauda"e 1. DukU1lconted in'Volume 6J 18, '81!'1128 oCttle D<<'Il Recvrds orT~ CoblIty. T_: the subject ~ bei", mcmr
p8rlicularly deKrlbed by met!!! IlIId boUl1ds lIS (0110\\'$; :' .
BEGI,Y.1YTNG at the IlOrthC:Mt comer of SUtfr1..u re,.",~ Settlqn OD/llr:coldin, to the pLlt m:tll'ded in Volume 338.31, 'alle 66 of the Plat R<<onb ofTltf\lllt County. fe'US, ti'Qln
\\'Itidt a (owld Iii il\cll rebai' bees Nortll12 [)egrea E,...t a dislat\~ o(!I.S<4 feet;
THENCE North 89lXtlree$ 48 MinuleJi l7 Secouds Eesr. ".'ith tilt: north line o(thetrltlde$cn"bed inlhedccd to Clill<n1 R. Duke and ,,'ifc. Candace L Dttke ~co~ in Volu,ne 631R,
hge .128 <)fthe ~d Itecwds ofTamnt Clli\tnty. TClIu (lIai~ tract hereinat\ernfmed to as ibe ~Duke tnct"). diSCam:e 0072.06 feet to. 1,2 inch rebal fuunllllt the
ltOltheast cooti!J' ~tem)( Ind the llonltwesf comer oC IlUf Iractdescfil1ed in the deed to Robert (kite: Hullbard I'lIC'Otded in Volume: ~. Pllp 4~ of the allid D<<d R.;cords;
THENce SoumOllXgret)7 "'lil1ute~46 Seconds EMt,with the: east line of tile: $~i<l Duke t~ctaud the _I Iilleoftlle $1Iid Hubberd lnet dc:sttibcd illlhedeed rocordcd in VOIUlllOl
S8(l4. "-p 4A4 lII,dlhe weslli,,,,, ohnolb"" trlU:t to Aid Robert Gc:tIe Hubbllld this 011" nK:Ol'ded ill Volume 5804. r. <446 ofllM ..id Deed Records .tot~ distance of
969.16 f~ to a Slt\ Incb n:b... fo\ll1dat.B salient COmetitlll~ north IincofBlodt IlJt Th# l.D#;~l.!r~l7n _nfed in Clflinet A.Slide )12 of the said PIBI Records;
THENCE SOUlb 00 Orwees 00 Mil1UteJi Ot Second West, with lhcIlO"" linG ofSlIid BIQl.i< I . disll.lec of 15.97 feet to.. 1/2 i~ rc:ttar found .1. reeneR"t ClXlta"ofsai<jI'Ortb line;
THENCE North 89 De@1~Cii " Millutes 43 Second. West, O:Olltlnuill1l \"llh I1Ie .wlth \iq.. ofBlodt , I di$fll,.ee 13(16.39 feel to.. baJd ill SlIid flOrtlt line.li'vm v.>hich a lIB in("h rebu'
found be:atI Nort{l36 Dep-ea Welt II 4i'lIncC\ o(O.J.! feet, :
THENCE NQrtlIll9 OeSteO 20 Minutes 40 Sc:cOl'lds W.cst. to,ttin!linll Wilb tile IIl1ftltliljc of Block I .. <Ibt.nee of170.19 feet to. 2 inch iNn pip!! ,,,,d pipe _ rrmoved by odlers
and sel ill .nother lo.:atioll and $ltoII\'I\ hereOf!) found aldlc soulbeur c:omcrof Sill/rise TII'I"I"IICe: $cctio<< Two m:o<<led 11\ Volume: 3SB.38. Page 91 oCtile pill PI.1 Rtconls
and lIur southwest cOt1jel' oflhe D\lk~ ttl'ICI;
THtiNCE NOl1b 00 DellretslO Mimrtts J7 $el:onds Wnt.wilh Ihe WelIt li~oflhe Duke tl'llcl atJ<llhc _IHlle ofSlljd Sunrise TeqaceSc:cllolls Olle &. T\\'OCl d~\allCeof98(U6 feet
~\uOlillg to Ille Pi..fC'E OF 8EGJNNJI't'G ll11d eJlclosins 6.419 acres. ..
City of Colleyville
Agenda Briefing
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
File Number:
File Type: Case
Status: Commission Public
Hearings
Controlling Body: Planning and
Zoning
Commission
Version: 1
Agenda Date: 02/12/2007
Requester: Community Agenda No.: Be Final Action:
Development
Department
File Name: Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on .65
acres out of the S.C.H. Witten Survey located at 5504 Montclair Drive, Case Z-07-006
Attachments: Zoning and Location Map. List of Property Owners Notified . Development Review
Committee Memo. Proposed Ordinance
History of Legislative File
Version: Date:
Acting Body:
Action Text:
1 02/12/2007 Planning and Zoning
Commission
Title
Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on .65
acres out of the S.C.H. Witten Survey located at 5504 Montclair Drive, Case Z-07-006
Explanation
Request. Larry Stewart Custom Homes LP, has submitted a request to rezone 0.6 acres of
land located on the west side of Montclair Drive, approximately 850 feet south of Hall
Johnson Road. The applicant is requesting to rezone the property from AG-Agricultural to
R20-Single Family Residential.
Platting. The subject property consists of one tract that is not platted. The property is
currently developed as a single residential lot that contains an existing home. The
developer has submitted a zoning exhibit that illustrates future plans to develop the property
a single residential lot. Upon approval of the rezoning request, approval of a minor plat will
be required prior to the issuance of building permits.
Lot Sizes. The developer has submitted an exhibit illustrating the property boundaries.
The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of
100-feet and lot depth of 125-feet. This site is sufficiently large enough to accommodate a
single lot development.
Master Plan. The Colleyville Master Plan designates the future use of this area for single
City of Colleyville
Page 1
Printed on 2/9/2007
Agenda Briefing Continued
family residential type land uses. The proposed rezoning is in conformance with the land
use portion of the Master Plan. The Master Plan contains a recommendation that estate
lots be developed adjacent to collector streets, such as along Montclair Drive. The
proposed rezoning is not fully compliant with that recommendation. However, staff
concedes there are a number of developed properties located along the northern portion of
Montclair Drive that do not meet the estate lot development standards due to the lack of
available land.
Surrounding Development Trends. The surrounding properties are single family
residential in nature. Properties to the west and north are zoned R20-Single Family
Residential and are currently developed as single family residences. The properties to the
east are zoned R20-Single Family Residential and are currently developed as single family
residences. The property to the south is zoned AG-Agricultural and is currently developed
as a single family residence.
Sidewalks and Trails. The Land Development Code requires sidewalks on all public
streets. The sidewalks along Montclair Drive must be a minimum of five feet in width.
Traffic Generation. The Institute of Transportation Engineers publication Trip Generation
provides estimates of expected traffic generation based on land use. Data has been
collected in the United States and Canada since the 1960's, primarily in suburban locations.
Single-family residences are expected to generate 9.57 trips per day, on average. Based
on this average, a one lot development would add approximately 9.57 vehicle trips per day
to the surrounding roadways.
Public Notification. Staff mailed notices to 14 adjacent property owners regarding this
request. Notice of the public hearing was sent to the Montclair Park Homeowner's
Association. Notice was published in the Fort Worth Star- Telegram as required by state law
and the Land Development Code. No correspondence has been received regarding this
request.
Summary. While the proposed zoning district is not fully compliant with the 2004-2025
Future Land Use Plan regarding the development of estate lots along collector streets, staff
feels the lack of available land and the development of similarly sized lots justifies the
proposed rezoning request.
Recommendation
Approval
City of Colleyville
Page 2
Printed on 2/9/2007
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Z-07 -006
Brewster, Keith W
PO Box 1685
Colleyville, TX 76034
Devine, Matthew E Etux Vicki D
5605 Versailles Ct
Colleyville, TX 76034
Haas, Jerome Etux Marilyn
5509 Clermont Ct
Colleyville, TX 76034
McCurray, Thomas E Etux Faye
2304 Hawthorne Ave
Colleyville, TX 76034
Subia, Marivel
5507 Clermont Ct
Colleyville, TX 76034
List of Property Owners Notified
Stewart, Larry, applicant
5501 Montclair St
Colleyville, TX 76034
Chitsazan, Amin
5502 Montclair St
Colleyville, TX 76034
Fisher, Walter Lee
5513 Montclair Dr
Colleyville, TX 76034
Hashem, Robbie A
5401 Willow Ln
Colleyville, TX 76034
McFarlin, David L Etux Connie
5504 Montclair St
Colleyville, TX 76034
White, Doyle Mark
5511 Clermont Ct
Colleyville, TX 76034
Stewart, Larry, applicant
5501 Montclair St
Colleyville, TX 76034
Cox, Laetitia R
5512 Montclair St
Colleyville, TX 76034
Grossman, Richard Etux Lisa
5607 Versailles Ct
Colleyville, TX 76034
Hemric, Michael Etux Patricia
5603 Versailles Ct
Colleyville, TX 76034
O'Brien, Peter M & Donna M
5509 Montclair St
Colleyville, TX 76034
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE January 23,2007
TO LARRY STEWART
FAX 817.399.9019
FROM Chris Fuller, Development Coordinator
SUBJECT 2-07-006 5504 Montclair Dr - AG to R20
The Colleyville Development Review Committee (DRe) has reviewed your zoning request
submitted to this office. The following comments are for your consideration.
The Following Comments Require a Response from the Applicant:
1. Pending approval of the rezoning request, the property must be platted prior to development.
Refer to Chapter 8 of the Land Development Code for plat requirements.
2. If the zoning request is approved, the property shall be subject to the general provisions ofthe
R20 zoning district.
IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on the property. The fees listed below are intended to provide general
information on the fees that could be assessed. The actual fee paid may be different depending
upon the specific use of the property, proposed utility construction, or conditions in an existing
City-Developer Agreement. Details are contained in Chapter 13 ofthe Land Development Code.
Please note the revised impact fee schedule as adopted by City Council. The new rates will go
into effect for building permits issued on or after April 1 , 2007.
SEWER
$2,187 per dwelling unit for SINGLE FAMll.Y RESIDENTIAL uses for new lot
$2,491 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$643 for a 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
ROADWAY
WATER
The following impact fee schedule is applicable for building permits issued on or before March
31, 2007.
100 Main Street - Colleyville , Texas 76034 - 81 7.503.1050
DEVELOPMENT REVIEW COMMllTEE
Z..(J7..(J06 5504 MONTCLAIR DR AG TO R20
SEWER
Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE
F AMll.. Y RESIDENTIAL uses for new lot.
$2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$200 for a I-inch meter. Actual fee depends on water meter size and/or ifa new meter is
installed.
ROADWAY
WATER
SIDEWALKS. The Land Development Code requires sidewalks along all public streets. The
sidewalk along Montclair Drive must be a minimum of four (4) feet in width and installed when
any new structures are built on the property.
PARKLAND DEDICATION FEES. Parkland dedication fees are not applicable as an existing
residential structure exists on the property.
TREE PRESERVATION. Trees not located within the right-of-way must be preserved during
construction. Before construction begins on the site, protective fencing must be installed around
all preserved trees located outside the right-of-way. The fencing must be located at the dripline of
the preserved trees. The protective fencing may be comprised of orange vinyl construction
fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must
remain in place during the entire construction period.
TENTATIVE PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, February 12, 2007, 7:00 p.m.
Tuesday, March 6 and March 20,2007, 7:30 p.m.
RESUBMllT AL REQUIREMENTS
Please submit the following to our offices:
.
A written letter stating that each comment has been addressed or stating reasons why the
requirement should be modified or waived;
· Provide 20 full size (11 x 36) copies ofthe revised exhibit;
. Provide one (1) reduced size (8.5 x 11) copy of the revised exhibit.
The above requested items must be submitted no later than noon on Tuesday, February 6, 2007,
in order to make the scheduled hearings. Please contact me at fullerc((V,ci.collevville.tx.us or
817.503.1054 if you have any questions.
PAGE 2 OF 2
ORDINANCE 0-07 -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 0.65 ACRES OUT OF THE S.C.H. WITTEN SURVEY,
FROM THE AG-AGRICUL TURAL DISTRICT TO R20-SINGLE FAMILY RESIDENTIAL
DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TV 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-07-006; 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 0-07 -xxxx
Page 2 of 3
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning of 6.4
acres out of the S.C.H. Witten Survey from the AG-Agricultural zoning
district to the R20-Single Family Residential zoning district, as depicted in
the attached Exhibit "A" and described in Exhibit "B".
THAT the above described tract of land shall be used only in the manner
and for the purposes provided by the Comprehensive Zoning Ordinance of
the City of Colleyville as heretofore amended, and as amended herein.
THAT any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined
in a sum not to exceed the sum of Two Thousand Dollars ($2,000.00) and a
separate offense shall be deemed committed upon each day during or on
which a violation occurs or continues.
THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional. the same shall not
affect the validity of this ordinance as a whole or any portion thereof other
than that portion so decided to be invalid or unconstitutional.
THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2007.
day of
Ordinance 0-07 -xxxx
Page 3 of 3
The second reading and public hearing being conducted on the
2007.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT "A"
5604
R-20
00
5600
5600 R-20
5512
5600
5504
5500
EXHIBIT "B"
STAT! 01' 'TEXAS
COUNIY OF TARIViNf I(NOJf AU. MEN. Ifr lHESE PRESEN1S:
lK'T wE:. lAM'( ~ CU$TOW HOWES. L.P.. BElNG 1l1E OWNERS Of 1HE R:ll..l.OWING OE$CRIBED t'AOPER'IY 10 wn':
BEING A. TRACT OF LAND OUT OF THE s.c.H. wmEN SUfNEY. ABSTJW:T NO. 161t. ViRRAHT COOH'IY. lE'XAS. AM)
9EING THE SAME 1Rl\C'f Of' LNfD ,.s, DESCRIBED IN OEED RECORDED .. COUNTY Cl..ERI<S NO. 02083151810. DEE])
RECClfI)S, TMIW<< COUNTY. lEXAS. N<<J BElNC DESCAtBEO AS FOIJ..OWS:
BEQNHlNG AT A .<W'PED IRON P'tf SET IN lHE fAST UNE Of' LOT 15, BlOCK 1.NONTCl.AIR P.Me. Nt ADDITION TO
1HE. em. Of' ~ TNWHI' COtJN1Y. TEXAS. ACCORDING TO THE PlAT REClOA1)€O tf ~ A, SUDE 1104.
PLAT RECORDS. TARJWIT COUHtY. 'TEXAS. RlR 11iE NORI'HWEST CORNER Of lR1CI' BONO DfSCMEO. SM) POINT
BEING tHE ~ CORNER Of' LOT .,. BLOCK 1. ROBINSQM ADElInClH. NC JQOO1OH 10 THE em' Of C'OLI.E'ML1L
TARfWn' COUNTY. 'TEXAS. ~ TO lME PlAT RECORDED IN VOlUME 38&-1&2. PN:l. 59, PlATRECOROS. TMRAHT
COUNTY. 1'EXAS. ANt) S'l' OEED BEING lOCATED 168.1 V~ EAST Nfl) 820 FEET SOUtH rROM THE N()RtHW6T CORNER
Of" SAIl S.C.H. WITt'EH SURVEY; .. .
'tHENCE 900TH 89 O!CREES 32 t.INUTtS 3& SECONDS DST 282.20 FEET (DEED CAlL ~ 280M. FEEn. AlONG
THE SOUTH LINE Of' $W LOT 1. iI.OCK '. ROBINSOti .~ ~ IlQf PIN FOUND tf THE WEStlJNE Of'
t.tONJ'Ct..tJR DIWE FOR 'THE NORTHEAST CORNER Of' TRACT BEING AND THE SOUTHEAST CORNER Of s.e.IO
LOT '. BLOCK 1, RClEMN$OH AOOm<lH;
THEHCE SOOTH 100.00 FttT ALONGM WEST UHE Of' SW MOHrCUIR ORM: TO A POWER POlE FOR THE SOlJ11tfAST
CORNER. OF' TRACT BEtNC DESCRIBED. $M) POINT BEING 1HE NQRIHE:AST OORNER Of' A TJW:T Of UHO AS ~
IN DEED flECORDED IN VOWME '04915. PAGE ut DEED RECORDS. ToWWf'I" <:oUN1Y. ltXAS:
'1'IeICE NORTH 88 DEetS 32 MlNVTE$ 38 $ECOffOS WEST 282.20 f'W (DEEO CI4.1. WEST 280.55 fttO IolONG
THE NORTH LINE (lfI' MO TRACT Of IN(p. ItS Ol~ fIiI OED fIEeOAOEO tf YOLUME '''''$. PAGE 18 TO A '/2"
IRON PtH FOUND IN 1HE eAST UHf OF LOT 16. SoW BLOCK 1. WONI'CtJ.IR PARC FOR THE SOU1HWES1' CORNER or
'TRACT BEJMC DESCRteED AND FOR 11ft ~ CORNER Of SAID TRACT OF l.ANO AS DESCRI8ED IN DEED RECOfU)ED
IN VOl.lAtE '411s.. PAGE 18.
tHEHCE MOIUH 100.00 FUr ALONG THE E'AST UNE OF SAID BI.acK 1. WONtO..AIR PARC TO THE POINT or ~NING
AND CONTAINIHG 0.648 ACRES OF' lJHD. MORE Ofi LESS