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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 Page 1 Printed on 2/9/2007 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 Page 2 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 Page 1 Printed on 1/25/2007 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 Page 2 Printed on 1/25/2007 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 Page 3 Printed on 1/25/2007 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 Page 4 Printed on 1/25/2007 Planning and Zoning Commission 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 Page 5 Printed on 1/25/2007 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 Page 6 Printed on 1/25/2007 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 Page 7 Printed on 1/25/2007 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 Page 8 Printed on 1/25/2007 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 Page 9 Printed on 1/25/2007 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 Page 10 Printed on 1/25/2007 Planning and Zoning Commission 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 Page 11 Printed on 1/25/2007 Planning and Zoning Commission 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 Page 12 Printed on 1/25/2007 Planning and Zoning Commission Minutes - Draft January 22, 2007 Amy Shelley, Planning and Zoning Assistant City of ColleyvilJe Page 13 Printed on 1/2512007 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 Page 1 Printed on 2/7/2007 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 I I ; . ~ 1 ~ h f f;; ~ 'f J~ n I h't, & J II ~ J t JI ~ I 'I I ,:' J "t t. I II I I ~ ~ ! I ~ ~ p i' ; "'V ." 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J,I 11 ~II:: Ifl'~;, 'HI !'IW ~:!111: I '11'lsi i!f' H'r'!IJI,'II!',M !li, Ir:~ Ii i: ~ :,: I: ,': "'1 ~ II " (I' ::, fll, 11"11 llf II' 't I ,,0 " "It ,J . II II ~!p 'II :111:; ill!' I' f!: Iii i 'I ~pl' M ,I I' I , City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 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 l"- . ~. ~ 0 . ~ I I a C) . W C) . Qi- I.. . ~ . Q;. .1 I "I [{Ell C'oJ . > . ": I W i <a:l . ~ ~al q I z+~ . . i~. w . . l- e:. . ~.~:I I~ I ~ u . ! . w en ... ~ fIl 'I_ f 1 ~ W CD 31 3 rl'An'DR/Y8 I,;im a::: l.1.. a.. S:. r.; I~ ~~ ~ . ,I f II I I I ,I : I ~ : I Wr....._ --- i-~I: OL ~ !b~ ~ !II~ l I ~ ~,-~OI"lo'\-r.".ie- ;;~ i! ~ ~ ~ ~. ~, '. d :......lo'!:lin~~ ~~ _ ......s.u_ ;:j ~ ,...'.e.t. I ~ I ::!! I ;: ~ . I h Iii I~i I: II I. I I, n , I I I I I~ I,' I! '1'1\ ~ ili~~l~ d~1 U!I~ I~i,m a~! 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 -a <- ::::0 I CD J:> fT1 .... :z: : 0 I ..." : """"'" fT1 I . ~ . < - . . '" fT1 w- . c::l I . · c::l CJ ~\ :......., lilil1u ~ c-:) gBIIl"1 c::I ilh; I -a Ii -< ~, I I 1 IIII !e i I :11. g~~1 Eli -.. !rl I ~II l: ~ Iii II Ii ~, / I ;.- i~ s: J;Ci I '.. · ~ Iii: I I &2 · 1!i;1 1 ~ ~i 41 II: if i. I~ 'U ., . II I'll I~~e :;:.1 I ~ ~ ~ g ~ II ~ . ~ ,111~1~~ I II~fti ,. ~ f i I~~~~J P i III ~ ~ }i!i II I ~&11f i E i,. h- "~I I ~II t I----fl~ I -- (1&1' ~ \ \ s -----_ \2 \ Pills \ ~ ~----! I I ;;1 \- \ \ ~h -------l JIJ I~ I " i i ~!ij ----!: \ PI I ! I III I ~i ;j!>>ll --__!:. \ ~ llllll; ....t Iii \ ilJ HI 1\ ,l .u~ j\ I I} \ ~ ~ .-. __ I i~ I . --- - c ) I! ij 8 t~i.. ~II -, ;;1 ~; . ~ l \ \ \ I I I i ! i ; I 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 / 6.5 RE~>>9qRR# ,.. r??A'KIN6 ~~'l' 5/0'# )0 '\ {~/t'~y~I//~~ P/97/(J .("'#P.:SC,t1J~ Ck~$~ .-:1'<5",4 $/Dc~~t:K. C'6J't!6VV/L~6 8Lvd ,.- ....._..._.11111111_11111111. .-. 2..0 H'.hway . '11 Bedford........ .,614. ..7-15...... F...... .. ordersa 8. 7.S54.4140 111111111111111111111111111111111111111111 --------------------- Appe'Cllzers kef .. 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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. 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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 ""- . ,. .......-ld........ ...... 4M- oWlV __y tl_ 01 mdlWO onen~' 1MIlow) v., ,..". oerulll "".,. V#ttIIr~. !J6211'1d 569. O<Mo...MW CGM.1a '**"JWlIII.II'M.'" (I1OtfII(IIlIrkltmllo:;Wl _,.... art. ~ t"*. Carlr_,... .... Mltlrwl qt lil#"" ___ .... cln MY _m. I f.o-dIIt I L-jLl/20/2006 ~ II.. t 1.11 r .lItlltlltllllll.I..1II111 ,,1111111.1 GEO~G~O'S $~~S 8Aft x~c ~~DO H~~HWAV ~2~ STE ~~o BL>>FOft~ T~ ?bO~L~~uJ3 ---, 2HltO IMPORTANt ..... DlIt "it a-lt 'fOIIlMiIinI 01' ................ Il.-chmtw 1, lty......"....IIlIllrmMlon. - - - - .,. . IfyGil.. nolllt\Olf In bu...... ar ,.......--- ~ locIlIiOft II. ,..,.... ..... . lie ..... OlmgtI~on" RCIl ....tIna. ...;............~.....-'(,,:...1-<<..)_......,.~ ~ ~~~~~.~~.l~f~;:~;t~:i:..r:::;l~;~i~~!. ~:;~t: ~ . --' TABC P<<m. BuHtn, PAPA GIS SPORTS SAR ~ GRILL l..OCdOn ""mbef: - 0000 1 flU""': locdon name; AdcMM8: 2900 HIGHWAY 121 STE 110 "a6J......l 8UFORD TX 16021-a.OH 1. 00Itw lIIl\ounl' (relaU ..lIl11t r:.::l:::"Plinwntaly -~-~ ~A IfIrI'WI"f ~ ~ "'-:1 cIfinQ tor tn. IoutlOft (s.e . GfI...., _ _ _ ~ . _ _ _ 1.. 2. ~..... Of liquor 1I1r ttw ~ _ _ _ _ _ _ _ _ _ _ _ ~ .. .. _ _ .. _ _ _ _ _ _ _ _ _ _ _ _ _ 2. . :~-;11 .00 3. c:r.ro..,... ot ",in. to, thll ~n _ _ ~ .. _ _ _ _ _ ~ _ _ _ _ _ . . w . _ _ ~ _ _ _ _ _ _ _ _ _ 3. . .00 - .00 ... Gton..... otb.!'lInd md ~ql,/orforlhlllo"'ion _ _ _ . .. _ _ . . . .. _ _ _ _ _ _ _ _ _ _ .. . . 4. . S. Gt~. cever ct.pl (IUbjlld to gtOQ **pta tax) fQr th_loGMion iSH JMfNtlfIQ". onlMckj _ _ _ . 5. . .00 ~. TGtaI grou taxable amount tor Ihi& ~ (TOIIIJ 01 hmt ~. S. oil, wwJ 1$) _ _ _ _ _ _ _ _ _ _ _ ._ _ B. . ~l ,,/ f' .00 11. roeruarO..,llIlo\lnlFFlOMAU.LOeAnONSfToMIl!lif/HNt!6 7. S, Q.MId fOJ_ - - - - - - t _ ... T_..........._ - " .......... of. .. ""'; EN1Ji;R 00'-. 0 ,:.:: ==::i _- _- _- _'.- _- _' __ " ,- _' _' '... __ ~.- _- _ _ . --J~--- ::: ,....... 7, " IfEl'OlrT WHcH.E DOc.LJtIIfa ONLY /~/ 311 .00 ~f5_.00 ~}t~/&'.oo . 0-- .00 ?p/ '1/ ~ .00 ~6S~ .~ 1.2. . i T~ .71110 7. Tot8IgfOft....oflquOl FROt.IALLLOCA.n~$ (Item 2 on flW,.., ,.,. tt.loCaI of I,.", 7 from.1I bcI.",..loutIon flU""""" ,.,..) _ _ _ _ _. 1. . e. T.. ~ ..... Of 'ViM ~OM AU.I.OCAT1ONS ~ 3 on thl$l>>~ pIu. ~ tutal of Ir.m . from.n ..,,m..1ocUon IU~ PIfU) _ _ _ _ _ _ e . 9. TOIIII aroM Mltl of bMr 8M ~ \iquor FROM AlL LOCA.TIONS (/tarn .. CI/I th. ,.,. ptts If>> 1<<" of t..m ~ frtIm ~ bcI.a:nNlJ IooaIion *'~ ~) _ .. _ . _ _ 9 . 10. T_ gl"OH ~lIltr cn.rps FAOW AU.. LOCATIONS (ttem ~ (In ".. ,.,. pW ~ 60tIII at IMm r D Iiwn .. b/J..... locatIOn EllA"""" ".,..J _ _ 16. rOTA1.....MOUi"lTDIJI:ANDPAYABLE ("-t ':1"'.""" f3__~ '4) _ _ _ _ _ _ _ _ _ _ _ _ _ 15. . s; 65ll.S:' I~~;;GEOIS SPORTS BAR INe ~ - , . "~~'?M;~~ j.;:t,,:,.,::\'~.'1:~~.~\~I~:._ m~~~~" '?:O""'H~F' ". ',.':< I " < '.' "(" ,.,.." :""';".{ ,..",., .. ,., '.....".... : .,. .'C,.,....,v,.. < .,. " . .... . ..... . . .~ ..... ..... '.' ....)....... .:. ':.': .~~ . ,_...~ . il-eriaa 73Di!D 12014'03"952 OblO 2 r.- ~..._....,,_.. "'TE~ ~ I =s: 14tIl1o: COW'fAO~ OF PUaUC ACCOuNTS I 111 E. 1~ ...- t Au*I. T_7'77'4.Q100 e7-100~~J 111 A I' " fW .. .." IIIfII USE TAX RE7VRN GG I..6ft...... ._.......... 10-31-2006 0'10 .'-_.--....~ 2100 HIGWWAV 121 STl 110 L IlJOFORO TX 'reoa 1-"'0'33 2Ll~D120~'03h'5~' O~1000001DaaSOOOa 11...1.11..11. tIItl.'" ,11.1 "fll..., ,1111.11"1' 1'1',' ..11..1 40 C€O~GEO'S SPOftTS 8A~ tNC ~e. PAPA ~'S SPOftT$ BA~ . Gft~~~ ~gD ...:tQtIUy U~l $TE ],JoD aE>>~Oft>> T. ?b02],-~a3~ n. .. .... ..... ..... ...... ....... - ....... , 1,/410........ ,-..--,. .. IIOcr__~ ., . _......IiI~. --- 1. 'f01'........ . ~......~)- - - a. y........... . ~_""'l_ _ ~ .. t~ flit........... + · '---..w)- - _ 4. T........ ........- = . -""''',j - - - .. Tu... . X "A."IJ X Lac.. ~......,.. .082500 _ .. ..............~ - .. 7: ......1ill~;MNi.;. '.'.::.. :.. ~-._' .. ...... ......,....... - ,.... - !,J = .. ~........ + -..........,- - - - . - - 10. mAL,...., M . ......... . - ~~..~.) - - - - - - - .... ... ----.-.--.......t-;:;:. II 0$' ~ 100 II (:73'1 ..QQ. 100 Jl!l. .00 / tl:Jf 00 , 100 ,,,~ 7~ ;r. r&. ... .. ?O~ 1(. fat,. /~ il~. L TEXAS MIXED BEVERAGE GROSS RECEIPTS TAX REPORT \!'7'I:lO 1_.I;.(llI41 . T (;()de . 73100 . Dc) NOT IIIRn5IN IHADS AREM rc"~~' 'f d. 1Irl1fP9"VCl ~~20-4903'95-2 J MONTH ENDING _ ll/30/2006 II. ..... MlS..........._ \MIlle ~y n--v "11M 0I1dlt... .~ ",-.} y.", ..,. ftlUJ/I rIt'* IIndM ClWlpIW;J fi62 MI! 559- ~ ~ ,.,fIIoIIjw.~. .w~.;.Nbt,,'4tlOn .. "*- en" fJbt14A )G&I. CMMd... ""'..... or ",.ht "...,..... ....., "" ". ....... roue... ] t 12120/2006 iMflORTANr. lid ocA iii _ itYQUl1ll1InG ..,II(,':"_..'lII. iJ".:w*..r.,;, bVI'-!:fII...'"':J."I.,.l....'. _. . II", i.1i II Ii .... .1.1" .11,1,.11I.... .1111111.1 C..:('JI" ,.~o · s aPOr~'T S 0 Aft JhlC ~~:l H:r.G\'UjI.'l' l.in. ~T[ ),,',\,O ~~PFO~D ~~ ?bO~\-4U33 -I 2:'; ,-,:. I I I I I i --.- ,... .~ J . 'f::"" r.-v ~9 '11';'- 7f ~1Iin... or r- bu.m-. atm_ " ......0. !:1 -::.r 11 ".. .'I.e.1Ofd. ,.... ta ... ~"'" QIengft ~. 011 till..... <II.... mtI. lI.t:;!Wir.:'.;~~i:.>:: ';;":::':::;:.~11f':':' .~: I . ~."..., .. .......1'.. ),;'..e:' .y,r ','b " '. '. : . ,'.01 ~..~."""'," 'l'1';~ "" ..:.........~.:..I ...'. I T ABC "'-fIlC 8UM1... L;1J\hr ~";:".a.":lll. 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I~. c:::J , ~.......::;. .i ..L..!.II;;;; _ 2. ...:. ~ i Q o o 111 RJ ~ o ..:II C C o o RI M ..a C - -: - - - - = ..J .. ..J W H =UIt:O :2:".... ::::H......fI1 =~ W '" :;~t~ _ t) I ~t~~~ -:i~,.~ = III IL ~ -=MVI~~ = - III " :~" ~ ~ -" 0 J~:'8~ -::IdOltrld -="Q.RIID \\ ~ '\ ~ ! 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 .on 20 2. .on VTLrrYLEGEN) (j) _......."~.....I liJlI~_ ~.::::: t!J..._1IVOP; @ _WTU ~ _PgU g rN:-' tRF __lIII'_ IRSC __an_" "1O......_U#' {!] ma.__ 1.~"M:8ASEOOHTHEHORlHfI'ROII'a(TYU'fE OF~OT'.BlOCl(l~"oon1ONA$IlE~O I\lCA8INET.\.SLDl!..s7PAT.c.T. i.lOTCOllNElIlSTOIlESETATAI'Pf<<N....OII'.........F\..T J. n.TN;;;!IlRl,.W;TUIIIE TOle REMOYEO. V1C1NlIY MAP "=.'ll'M'1:r,.. ~ Norrif~~'l1rt*nty.tf", V.8189,P.7&3 DA.T.C.T. MG4~'W ~ ROlle~~On":='Wfe. V.13QT.1,PIl.94DAT.C.T. ICNO\,\I ALlMJ!.BYlHESIiPRJiSENTS n....l T-.yQ. Bliob......io.....~_;...ll..-toISun.,orl"'-o:d i11hc M1cotT__.doh-"YcOltil'y lh.a"'F\oI.io_aDII.__~...p"""""" .....-'lJlIn'cy__...M)'SlIpCI't'._...~.I'OIIDd, f\lllloor,Ih"'IlrV"l' .....""-l.oU..I-'....o{~_"*""...ofO"'....lcun....... "n>Ca......ILandSlan'C)'..~Acl. FOR REVIEW ONLY T.-,Q.Bwb 1lq............................II-.lSurrq...-N.>,~~ 8larbl...u.dSwfcy.., tiWS,u...!roe....6lIJ Iak-.T,,76J7I Mdnl"faxI171\'i31.~O &M...'blo....~.~lN.ad alAOE AD -..---- ....=t~ ~'f$"1"#E _8lt'oI L EI PROPOSED .L<lI..L (34744 SQ HI ,BBOPOSEO lOT 3 (25893 SO FT) L ,.:.-::.c.] ~~, \\\ .w,"~ \\l ..J \ ora," LOTI,BlOCKl om~7 \ ...~ ....... .... u ..... .~. ...---aiIa'A.RB>8Y' ........ .........._... _..BURKIiiUW>>&JR1rJI!:'tlI)l'G........ ..--.....-.-- -....--- 8.e.8.&C.R.Rco.lP..I'NEYA-lOI -UJi(i.SON~""12re- ~ -.... E......~\lM,M WE 160' ... "",. [.~ c , [ ",' 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 I.D o fT) N ::J :J '1 '\l o N I cr:: o N I cr:: o N I n:: o <:( -..:t o ill I.D o o ill I.D N ~ 1..0 1..0 OJ o 1..0 I,[) -..:t o I,[} I.D N o I.D I.D m o UJ I.D I.D o to 1..0 o N I cr:: ..-- ..... I.D I.D "- o I.D I.D m o -..:t I.f) ..... -..:t I.f) ..-- ..-- fT) o to I.f) (T"J ..... I.D I.D I.D o I.D I.f) (T"J ..-- UJ I.D (TJ ..-- to I.D ~ o to I.D I.D ~ I.D I.D (TJ o I.f) I.f) .r- o o ~ CD o to I.D o o to I.D o N I Lt: -..:t o I.D I.D o o I.D I.f) o N I cr:: / 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