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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-09/20/2016City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, September 12, 2016 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Wheelwright PLEDGE OF ALLEGIANCE 1.APPROVAL OF MINUTES August 8, 2016 2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 3.CONSENT AGENDA ITEMS Planning and Zoning Commission Agenda September 12, 2016 City of Colleyville Page 2 3a Consideration of a final plat on Abstract 1154, of the R.H McEwing Survey, located at 8080 Precinct Line Road, Case PC16005 4.PUBLIC HEARING AGENDA ITEMS 4a Consideration of a Special Use Permit for an Accessory Building larger than permitted on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane, Case ZC16012 4b Consideration of a zoning change from the AG Agricultural district to the R40 Single Family Residential district on Lot 2, Block 1, Morrison Addition, located at 7201 Pleasant Run Road, Case ZC16 014 4c Consideration of an amendment to the PUD R Planned Unit DevelopmentResidential district on Lots 19, 10X, 11X, 12X, Block 1, Carmel Place Estates, located at 1301 Glade Road, Case ZC16 015 4d Consideration of a zoning change from the R40 Single Family Residential district to the R30 Single Family Residential district on Lot 1R, Block 1, O. Martin Subdivision, located at 5601 Montclair Drive, Case ZC16017 5.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 9, 2016 by 5:00 p.m. Araceli Botello Planning Technician A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, August 8, 2016 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on August 8, 2016, at 7:23 p.m. Roll Call Present: Commissioners Carel Tornes, David Wheelwright, Jason Elms, Jim Gotcher, Don Davis, Jeff Byerly, and David Phelps Staff Present: Shane Pace, Ben Bryner, Rob McKeown, Araceli Botello, Caleb Tandy, Oscar Chavez, Chief Brian Riley, and Mathew Boyle (City Attorney) 1. APPROVAL OF MINUTES Commissioner Davis made a motion to approve the July 11, 2016 minutes as written. Commissioner Tornes seconded. The motion to approve the July 11, 2016 minutes as written carried by the following vote: Aye: 7 – Tornes, Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3. PUBLIC HEARING AGENDA ITEMS 3a Consideration of a Special Use Permit for Food Packaging and Manufacturing on Lot 8R, Block 1, of the Industrial Park Addition, located at 1904 Industrial Boulevard, Case ZC16-010 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:28 p.m. City of Colleyville Page 1 Planning and Zoning Commission Minutes August 8, 2016 The applicant, Todd White, 1904 Industrial Boulevard, came forward and briefed the Commission. There being no others present wishing to speak, the public hearing was closed at 7:39 p.m. Commissioner Phelps made a motion to approve case ZC16-010 with the following conditions: 1) Adding the suite #103 to the draft ordinance. Commissioner Wheelwright seconded. The motion to approve case ZC16-010 with the following conditions: 1) Adding the suite #103 to the draft ordinance, carried by the following vote: Aye: 7- Tornes, Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly 3b Consideration of a waiver to certain provisions of Section 5.9 (Minimum Tree Preservation Requirements) of the Land Development Code on Lot 4, Block 2, and Lot 3, Block 1, of the St. Andrews Addition, located at 6004 and 5812 St. Andrews Court, Case GC16- 006 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:40 p.m. The applicant, Dustin Austin, 700 W. Hardwood Road, came forward and briefed the Commission. There being no others present wishing to speak, the public hearing was closed at 7:53 p.m. Chairman Byerly reopened the public hearing at 7:55pm. The property owners, Jeff and Vicky Sanders, 1916 Fair Field Drive, Grapevine, came forward and briefed the Commission. The property owner, Trudy Casteleiro, 2626 Hidden Ridge Drive, Arlington, came forward and briefed the Commission. There being no others present wishing to speak, the public hearing was closed at 8:01 p.m. Commissioner Tornes made a motion to deny case GC16-006. Commissioner Elms seconded. The motion to deny case GC16-006, carried by the following vote: Aye: 6- Tornes, Wheelwright, Elms, Gotcher, Davis, and Byerly Nay: 1- Phelps 4. ADJOURNMENT The meeting adjourned at 8:06 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on ______________, 2016 by a vote of _____. City of Colleyville Page 3 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 09/12/2016 Number Type Regular Agenda Items Department Community Development Title Consideration of a final plat on Abstract 1154, of the R.H McEwing Survey, located at 8080 Precinct Line Road, Case PC16-005 Explanation Tim Curlee of Classic Concepts Development, the applicant, requests approval of a Final Plat for the Lavaca Trail Addition on approximately 3.78 acres, located at 8080 Precinct Line Road. The applicant proposes to subdivide one unplatted lot into three commercial lots. Existing Conditions/Background: The subject property is zoned Planned Unit Development-Commercial (PUD-C), Ordinance O-00-1255, and is generally located south of Lavaca Trail and east of Precinct Line Road. The final plat up for consideration will create Lots 4-6, Block 2 of the Lavaca Trail Addition. The applicant has submitted the final plat to meet the requirements of the governing ordinance. The subject property is currently undeveloped. However, the applicant has submitted a site plan for the proposed Lot 4, which is currently under review. The site plan indicates the intent to construct one commercial building on Lot 4. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: PUDC - Planned Unit Development-Commercial (Commercial Buildings) PUDC - Planned Unit Development-Commercial (Commercial Buildings) PUDC - Planned Unit Development- Commercial (Commercial Buildings) PUDC - Planned Unit Development-Commercial (Commercial Buildings) Subject Property PUDC - Planned Unit Development-Commercial (Undeveloped) R-40 – Single Family Residential (Single Family Home) CC2 – Shopping Center District (Commercial Building) R-40 – Single Family Residential (Undeveloped) R-40 – Single Family Residential (Undeveloped) Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Lot Dimensions and Setbacks: Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the PUD-C zoning regulations require the following standards: Minimum Lot Area: 7,200 square feet Minimum Lot Width: 70 feet Minimum Lot Depth: 115 feet Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet (where abutting residential zoning or land use) Maximum Lot Coverage: 50 percent As submitted, the proposed plat meets all of the requirements of the Land Development Code. Fees: Park Land Dedication fees are required, in the amount of $800 per acre for non- residential development, when applicable. Park Land Dedication fees are due prior to filing the plat for record. Impact Fees are also required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit. Tree Preservation: The proposed subdivision must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage. Staff has received a preliminary tree survey and it appears the project is in compliance with the Land Development Code. Drainage and Stormwater Runoff: As required by the Land Development Code, preliminary drainage plans have been submitted with the proposed plat. Water and sanitary sewer services are available to the property. The developer is responsible for the extension of any water and/or sewer service lines to the lots as part of the development process, if applicable. A substantial portion of the subject property falls within the 100-year Floodplain. Restriction language has been included on the plat and all future development will be required to comply with these restrictions. Public Notification: Notification of property owners is not required for the approval of a final plat. However, notices were published on the City’s website and the agenda was posted in advance of the meeting for public review per standard procedure and the Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 Texas Local Government Code. Staff Recommendation: The proposed final plat meets the requirements of the Land Development Code, therefore staff recommends approval. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Plat Exhibit 4.Existing Ordinance LAVACA P R E C I N C T L I N E C I M M A R O N R-40 PUD-C PUD-C CC-2 PUD-C PUD-R 1101 8080 1013 8060 8090 8070 8100 8098 8080 8092 6208 6200 6204 6209 PC16-005 8080 PRECINCT LINE ROAD Legend Subject Prop ertyI1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP LAVACA P R E C I N C T L I N E C I M M A R O N 1101 8080 1013 8090 8060 8070 81008098 8080 8092 6204 6208 6200 6209 6212 6213 PC16-005 8080 PRECINCT LINE ROAD Legend Subject Prop ertyI1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP ORDINANCE 0-00-1255 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 6.335 ACRES INCLUDING 5.419 ACRES OF TRACT 1J AND 0.919 ACRES TRACT 1H, BOTH OF ABSTRACT 1154 OF THE R.H. McEWING SURVEY, FROM THE R40 (SINGLE FAMILY RESIDENTIAL) DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning change was filed by Doug Henderson representing Kipp Whitman under Case No. Z-00-070; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held public hearing and made recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the attached Zoning Map, Exhibit "A", and described by metes and bounds, as contained on the attached Exhibit "B," by changing the zoning of said property from the R40 (Single Family Residential) district to the PUD-C (Planned Unit Development- Commercial) district, and including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2.THAT this PUD-C shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for the development of retail, office and service type uses. Ordinance 0-00-1255 Page 2 of 4 b. This property shall be subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this ordinance. c. Parking associated with each use may be constructed on any lot in the subdivision, provided that all of the provisions of Section 3.29.B - "Off-Street Parking Requirements" of the Colleyville Land Development Code are met. 2. SITE PLAN AND PLATTING a. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary plat and final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. b. The subdivision plat shall be generally consistent with the Site Plan attached as Exhibit "C", which shall be considered conceptual only. The actual street and lot arrangement may differ from that shown on Exhibit "C", to accommodate topographic, drainage or other conditions. In approving the preliminary and final plat, the approving body shall exercise complete discretion over roadway design, lot size, lot shape, building lines, set-back lines, open space, and all other aspects of the plat; provided, the approving body shall not approve anything inconsistent with the other conditions of this ordinance, c. At final platting, a joint access easement of 30 feet wide shall be provided to connect all lots to a public right-of-way. An agreement permitting vehicle access across all lots shall be noted on the Final Plat. d. There shall be a landscaped buffer strip a minimum of 40 feet in width along Precinct Line Road and a minimum of 20 feet in width along LaVaca Trail. The only paved areas permitted within the landscaped buffer strip shall be sidewalks and access drives. e. Building line setbacks shall be 40 feet along Precinct Line Road and 20 feet along LaVaca Trail. Side and rear building setbacks shall be 20 feet from all other perimeter lot lines. Sec. 3. Sec. 4. Ordinance 0-00-1255 Page 3 of 4 f. A maximum of two (2) access drives will be permitted along the Precinct Line Road frontage. Spacing between such drives will be a minimum of 150 feet, centerline to centerline. No drive entrance shall be closer than 150 feet to the south line of LaVaca Trail. 3. PERMITTED USES a. All commercial and office uses allowed in the CC1-Village Retail and CC2-Shopping Center zoning districts shall be permitted in this PUD-C. 4. OPEN SPACE, LANDSCAPING & SCREENING a. A six foot (6') photinia hedge shall be required along the southern property line of Lots 3 and 8 and along the western line of Lot 8 as indicated on the attached Exhibit "C". This hedge must be in place prior to the issuance of a building permit for each respective lot. b. Each lot shall be landscaped in accordance with the landscaping standards contained in the Colleyville Land Development Code. 5. DESIGN SCORES AND SITE PLAN ApPROVALS a. All buildings shall meet a minimum building design score of 35 points, in accordance with Chapter 6 of the Land Development Code. b. Before a building permit may be issued, the Site Plan Application including all building elevation drawings, must be approved by the Development Review Committee (DRC) and the City Council. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. Ordinance 0-00-1255 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the t?'1i- day of ?~~, 2000. v The second reading and public hearing being conducted on the ~/ s.t: day of r~ 2000, A~~ Cynthia Singleton City Secretary APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney Reconsidered and amended as follows on the~ Y.i- day Of~, 2001. 1. THAT Section 5.a., Design Scores and Site Plan Approvals, shall be amended in its entirety to read as follows: a, All buildings shall meet a minimum building design score of 30 points, in accordance with Chapter 6 of the Land Development Code. 2. THAT Section 5. b., Design Scores and Site Plan Approvals, shall be deleted. 3, THAT, a special use permit for alcoholic beverage sales for on- premise consumption as an accessory use to a restaurant shall be permitted, Ordinance 0-00-1255 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 8'1[.,. day of ~bif 2000. The second reading and public hearing being conducted on the c:ll s~ day of 17F1J1.-?7A.2000. Tabled by Council November 21 and December 5, 2000. 6 Approved by Council December 19, 2000. ATTEST: 0>t~ef-tku Cynthia Singleton City Secretary CITY OF COLLEYVILLE: DO;;:~ ~ Mayor U! .. CCJ 11 u J . \._) R40 tllllLJlD'sVB uo, .. III"G 1l'''sUtI~ tl,1 A._ __ 1I J..~ .. . ...te, lIi~ I ... I I.". ,- ptl " ' I!,fI!. II . ,.. 61. .,. ..a IC I 11'5013 -- .. . 1 ... .. ... . ... 4>1.. ... .. .... n.,...-r ---...--..... - - - ,,;:... --.......-:"'''' LOCATION MAP - EXHIBIT 'A' DESCRIPTION OF PROPOSED LA VACA TRAIL, BLOCK 2 A pm of the R.H. McE\MNG SURVEY, Ab8tracl No. 1154, SItuated In the CltyofCOlleyvle Tarrant County, Texas; and embnIcIng an of the 5-.t1811oooacres Tl'ICtdelcrtbeclln tI1edeedto~ TI1IO. LLP recorded In volume 13952, page 52 pfthe Deed Reconts ofTanant County, Texaslnd all of the 0-917/1000 of an acre tract described In the deed to Laveca Trail, UP reconfec:I in volume 14221, page 73 of the said Deed Records and desCftbed by metes ....d bounds as follows. Beginning at 8 %.Iron found for the northeast corner of the said 5-41811000 8CI8lI Tract and the northwest comer of Lot 5 Block 1 LAVACA TRAIL ADOmON. an addition to... Cly ofCol8yville as said Lot 5...rs upon the plat ther8ofrecorded in voIwne ~114, page 100 Of the I8Id Deed Records and In the south right-of-way of L8vaca Trail (a ea public righHlIw8y). Thence south 1 degrees-5O minutes-eat, along the eat line of said 5-41811000 8CnIS Tract and the west line of said Lot 5, a distance of 619-021100 feel to a ,. pipe found for the southeMt comer of uId 5-41811000 acres Tract In the west line of laid Lot 5 and the northeast comer of the 7-25111000 ac:nt.. Tract deIcrtbed In the deed to WII8m D. Souder InveItmenIa recorded In volume 8081, pIge1452ofthesaidDeedReconIa. Thence north 81 degrea..11 mlnut...50HCOIIda W....1lIon1l the IOUIh line ofaeld 5-41111000 8CntS TI1ICI8ncI the north .... of said 7-251/1000 acres Trac:t, 232-781100 feet to 8 %.Iran tbund torthe moet aoutherIy 1OUIhw... corner of said 5-41811000 acres TI1ICt end the aoutheutc:omerofthe 1-17/100 acres Tract deIclIbed In the deed to W1118m o. Souder recorded In vdume 12886, PIIQe795ofthesaidDeedReconIa. Thence north no clegreD-27 m~09111COnd1 eat. along the west line of Slid 5-41811000 8a'8S Tract end the NIt nne ofl8ld 1-17/100 IICreS Tract 184-121100 feet to8112" iron found for the SOUtheut comer HId 0.917/1000 acnII tr8cl Thence north 88 degrees..fJ8 mlnulu-22 HCOfIda wilt. along the cammon line of IIId 0.81711000 acrea trect and MId 1-17/100 acres tnIct, 313-091100 feet to the southwelt comer of IIId 0.917/1000 era tract In the .... line of a 0-111/1000 of an acre tI1Ict cI8IcrIbed In the deed to the stMe ofTuas recorded In volume 12045. page 1892 of the said Deed Recarda. Thence north no degree. 31 mlnulea-09 aeconcIl eeat. along the common line of'" 0-01711000 acrea Inlc:t end uId 0-111/1000 of an acre tracl127-o911oo feet to . 5185" iron recorded tor the northwest comer of I8id 0.917/1000 of .. acre net, the northeast comer of said 0.1110100 acres tr8cI and the lOUItIWest comer Of laid 5-41811000 ICreI tnlct and the eouu.st comer of 8 0.291/1000 of an acre tract dNcrIbed In the deed to the stale of T8lUII recorded In vokme 12018, page 1036 of the said Deed ReconiI. Thence In the HIt right-of-way of Ptectnct line Road (a v.i8bIe widlh pubic ~IIY). Thence north no degreea-31 minutes-09 seconds..... along the common line ofSllld 5-41811000 acres tracI and HId 0-291/1000 of en acre Tract, 281.991100 feel to . concrele r1gtt-oJ.way monument found. Thence north 32 degreea-38 mlnutes-41 IICOI'Ida eut, along the euterty rIghl-oJway 01 said Prec:inc:t LIne Road, 47-031'100 feet to. concreIe ~-oF-w1y manuma found a the northerly northwest comer of said 5-41811000 acres tnId In the IOUIh right-of-way of I8Id UMIc:a Trat south 89 degree.10 mlnutes-10 HCondI east, along the north line of said 5-418/1000 8Cr8I Tract Ind the south right-of-way of said L.avace Trail, 495-81/100 feet to the piece of beginning encI containing 6-33511000 acres.. The beals for bearing. Is the east line of S8/d 5-41811000 acres Tract per deed call. LEGAL DESCRIPTION - EXHIBIT IB' I)i) Ijl I-II I. I I I" . I r' h lliU, J:ib Iliilt~ IlilII llll 1111)1 01 ill ~ 'I11-'. In jl 11'1 I- I! III, t I. Il' IiIIdUI_i! bil lilt 'I IdJ diU 1,1 'II Ii t IJII -gf- 1:.11 ftl" Ii ,III '1'11 - 9 I! j' IlilS,. l'li 'ir- II;! II 1III illll I I' Iii II I 1~ f"I.!1 ' J'III Ijll. Ili-I!1 III Jlii JilliJ '( I-,! Iii in! j II !' ill i.!. Iii i-z Jt'l 15'111 i I~' I.s_! :_ I ;1 J I J I' II 11- I: I I I' 1 IiJII. 1;II;Ji i!111 llf': ill1 i;I'1 il11lii ! ill1 i)!,1 iel, jz!t I '1111 '.11i', '11 '1 III J'. I .., J l; I~~ I I a ~ ~ w ~.~ J~I~f il!~li~ o C).e~ ij ~liJ) 5:5:;...oc r illlllldlIU! 001' Irl: ........._._d:............... 1........................ .; f . ..".. :j , I J~~I... J j J I 00 I c! fiI l · ii It I O! f ZONING PROPOSAL - LOT LAYOUT. EXHIBIT IC' City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4a Agenda Date 09/12/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for an Accessory Building larger than permitted on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane, Case ZC16-012 Explanation Ed and Joan Palluth, the applicants, have submitted a request for a Special Use Permit (SUP) to construct a 1,120 square foot accessory building (garage/storage building) at 1212 Holly Lane. The SUP is being requested because the total square footage for all accessory buildings on the subject property will exceed the maximum square footage allowed. Existing Conditions/Background: The subject property is zoned RE - Single Family “Estate” Residential district and generally located on the south side of Holly Lane and north of John McCain Road. The subject property is a platted lot of the Hidden Acres Addition and currently developed with one single family home and one 1,466 square foot accessory building. Proposed Special Use Permit Request: Request – The applicant is requesting approval of a Special Use Permit to allow for the construction of a second accessory building. The proposed building will cause the cumulative total square footage for all accessory buildings to exceed the amount permitted. Ordinance – Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code establishes the maximum size and number of accessory buildings permitted on a residential lot: “2. Maximum Size and Number of Buildings: 1.The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed the maximum square footage specified in the following table. Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 2 1.For the purpose of this Section, the size of an accessory building shall be the square footage of the building footprint. 2.An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP).” Analysis – The proposed accessory structure does not comply with the following provisions of the Land Development Code: 1. Section 3.27(A)2 – Maximum Size and Number of Buildings: For lots ranging from one acre to 2.99 acres in size, the maximum size allowed for all accessory buildings on the site is 1,750 square feet. The subject property is 2.35 acres and currently contains one 1,466 square foot accessory building. The proposal up for consideration requests to construct a second accessory building, 1,120 square feet in size. The total for both accessory buildings will be 2,586 square feet. This total exceeds the maximum 1,750 square footage allowed by 836 square feet. The applicant plans to construct the accessory building on the rear portion of the property, approximately 148 feet from the front property line, 146 feet from the rear property line, and 38 feet from the eastern side property line. The accessory building will be located entirely behind the primary residence and access will be provided via a new extension to the existing gravel driveway. The proposed height is 12 feet to the highest roof ridge. The proposed accessory structure complies with the RE district’s required 25 foot and 40 foot side and rear yard setbacks, respectively. The proposed accessory building complies with all other requirements of Section 3.27. The site plan, floor plan and elevations have been included as attachments for your review. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 3 RE-Single Family “Estate” Residential (Single Family Home) RE-Single Family “Estate” Residential (Single Family Home) RE-Single Family “Estate” Residential (Single Family Home) RE-Single Family “Estate” Residential (Single Family Home) Subject Property RE-Single Family “Estate” Residential (Single Family Home) RE-Single Family “Estate” Residential (Single Family Home) R-20 Single Family Residential (St. Mary's Coptic Orthodox Church) AG Agricultural (Single Family Home) R-40 Single Family Residential (Single Family Home) Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The applicant proposes to construct a detached accessory building which will exceed the total combined square footage allowed by the Land Development Code. Given the size of the subject property (2.35 acres), proposed location, limited height, and distance from adjacent property lines, the accessory building should not adversely impact the surrounding properties. Staff recommends approval of the Special Use Permit. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Plan 6.Building Elevations 7.Notification Map 8.Notification List 9.Draft Ordinance H O L L Y H I XRE AG R-40 R-20 R-20 R-40 AG R-20R-20 RE AG 1312 1110 7151 1212 7315 1208 7300 1216 1104 1220 7309 73047312 7212 7200 7150 7113 7309 7317 7201 7205 7301 1300 7305 1304 7308 7198 7198 120611121204 7198 1116 7109 7323 ZC16-012 1212 HOLLY LANE Legend Subject Prop erty I 1 inch = 16 7 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP H O L L Y H I X 1312 1110 7151 1212 7315 1208 7300 1216 1104 1220 7309 73047312 7212 7200 7150 7113 7309 7317 7201 7205 7301 1300 7305 1304 7308 7198 7198 1206111212041116 7323 7198 7109 ZC16-012 1212 HOLLY LANE Legend Subject Prop erty I 1 inch = 16 7 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP H O L L Y H I X 1312 1110 7151 1212 7315 1208 7300 1216 1104 1220 7309 73047312 7212 7200 7150 7113 7309 7317 7201 7205 7301 1300 7305 1304 7308 7198 7198 1206111212041116 7323 7198 7109 ZC16-012 1212 HOLLY LANE Legend Subject Prop erty RESIDENTIALCOMMERCIAL INSTITUTIONAL PARKS/ O PEN SPACECOLLEYVILLE BLVD CO RRIDO RI1 inch = 16 7 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP HOLLY C E D A R JOHN MCCAIN H I X BELLEFONTE 1312 1110 73047312 7151 1212 7315 1208 7300 73087327 1104 7331 1216 7323 1220 7309 1300 1304 7309 7317 7212 72007150 7113 7312 7205 7201 7109 7301 7305 7308 7113 7300 7304 1112 7208 7200 7204 7112 1116 1204 1206 7201 1008 7113 7012 7205 7109 7198 7209 7013 7301 1311711713091307 7198 13051303 7305 7020 70217018 7309 6700 7313 7198 7405 70177016 7401 710971087109 6904 ZC16-012 1212 HOLLY LANE Subject Property 200 ft Buffer Properties within 200ftI1 inch = 25 0 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address KAUFFMAN, KURT H 1208 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7198 EVANS RD KAUFFMAN, KURT H 1208 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7198 EVANS RD WASHINGTON, DAVID 7300 HIX CT COLLEYVILLE, TX 76034 7300 HIX CT KAUFFMAN, KURT H 1208 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7198 EVANS RD ST MARY'S COPTIC ORTHODOX CH 1110 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1110 JOHN MCCAIN RD KAUFFMAN, KURT H 1208 JOHN MCCAIN RD COLLEYVILLE, TX 76034 7150 EVANS RD UNIQUE LANDSCAPING DESIGN &7111 COLLYVILLE BLVD # TX COLLEYVILLE, TX 76034 7151 EVANS RD EKSTAM, CHRISTOPHER L 7315 HIX CT COLLEYVILLE, TX 76034 7315 HIX CT PERONE, JOHN A 1216 HOLLY LN COLLEYVILLE, TX 76034 1220 HOLLY LN N NEWTON, RICHARD W 1208 HOLLY LN COLLEYVILLE, TX 76034 1208 HOLLY LN N KIRKHUFF, JEFFREY K 1212 HOLLY LN COLLEYVILLE, TX 76034 1212 HOLLY LN N PERONE, JOHN A 1216 HOLLY LN COLLEYVILLE, TX 76034 1216 HOLLY LN N GENCO, FRANK R 1104 JOHN MCCAIN RD COLLEYVILLE, TX 76034 1104 JOHN MCCAIN RD CALDWELL'S CREEK HOA P.O. BOX 682 COLLEYVILLE, TX 76034 COURTESY NOTICE SHALIMAR HOA 6916 SHALINAR COURT COLLEYVILLE. TX 76034 COURTESY NOTICE WARWIC PARC HOA 4113 GATEWAY DR, STE 100 COLLEYVILLE. TX 76035 COURTESY NOTICE EDWARD PALLUTH 1212 HOLLY LN COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, July 22, 2016 by Araceli Botello ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 3, BLOCK 1, OF THE HIDDEN ACRES ADDITION, LOCATED AT 1212 HOLLY LANE, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for and accessory building under Case No. ZC16- 012; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices Ordinance O-16-XXXX Page 2 of 4 by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for an Accessory Building on Lot 3, Block 1, of the Hidden Acres Addition, located at 1212 Holly Lane, as depicted on the attached as Exhibit “A”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the construction of an accessory building. b. The accessory building shall not exceed 1,120 square feet in size. c. The accessory building may not be used as an accessory dwelling unit. d. All requirements of the Land Development Code shall be met, except where amended herein. Ordinance O-16-XXXX Page 3 of 4 Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. 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. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of October 2016. The second reading and public hearing being conducted on the 18th day of October 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 18TH DAY OF OCTOBER 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short Ordinance O-16-XXXX Page 4 of 4 ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Site Plan City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 09/12/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from the AG Agricultural district to the R-40 Single Family Residential district on Lot 2, Block 1, Morris Addition, located at 7201 Pleasant Run Road, Case ZC16-014 Explanation Waguih Guirguis, the applicant, has submitted a request to rezone approximately 6.48 acres, located at 7201 Pleasant Run Road, from the AG Agricultural district to the R-40 Single Family Residential district. The applicant is seeking a zoning change in order to subdivide the subject property into three lots for future residential development. Existing Conditions/Background: The subject property is currently a platted lot of the Morris Addition. A subsequent replat will be required if the applicant wishes to subdivide the property, should the rezoning request be approved. Proposed Zoning Change: Request – The applicant is requesting a zoning change from the AG Agricultural district to the R-40 Single Family Residential district to subdivide a single lot into three individual lots. The applicant has indicated the intent to preserve the existing home and construct two new single family homes. Ordinance – Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-40 zoning regulations require the following standards: Minimum Lot Area: 40,000 square feet Minimum Lot Width: 150 feet Minimum Lot Depth: 150 feet Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 15 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 20 percent The applicant has provided a zoning exhibit which is conceptual in nature and not up for consideration as part of the zoning request. However, the conceptual exhibit proposes three lots 1.805 acres, 1.800 acres, and 2.875 acres in size respectively. This conceptual plan appears to meet the R-40 zoning district’s minimum lot area of 40,000 square feet and other standards as listed above. Chapter 3 (Land Use) of the Land Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 2 Development Code identifies the purpose and intent of the R-40 zoning district as primarily oriented toward low-density residential purposes and open space uses. Additionally, it states the principal uses shall be moderately low-density detached single family homes. Analysis – Although the zoning designations for the majority of the adjacent properties are AG Agricultural, the proposed conceptual zoning exhibit maintains large estate lots which are generally consistent with the development pattern in the area. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: AG Agricultural District (Single Family Home) AG Agricultural District (Single Family Home) AG Agricultural District (Single Family Home) R-40 Single Family Residential (Single Family Home) Subject Property AG Agricultural District (Single Family Home) AG Agricultural District (Single Family Home) R-40 Single Family Residential (Single Family Home) AG Agricultural District (Single Family Home) AG Agricultural District (Single Family Home) Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single family residential uses. The proposed rezoning request does not seek to change the use on the subject property from single family residential uses. The comprehensive plan’s Residential Density Policy states that the maximum density of each residential project shall be 1.8 dwelling units per acre. The proposed density is 0.46 dwelling units per acre. The requested zoning change is consistent with the comprehensive plan. Fees: Park Land Dedication fees are required in the amount of $1,802 per residential lot. Park Land Dedication fees are due prior to filing the plat for record. Impact Fees are also required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit. Tree Preservation: Any future subdivision of the subject property must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 3 Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The proposed zoning change is consistent with the City’s comprehensive plan. Although the requested R-40 District is not the same as the surrounding AG Agricultural district designations, the R-40 District is generally consistent with the surrounding properties and development pattern. Staff recommends approval of the proposed rezoning request. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Existing Plat 6.Conceptual Zoning Exhibit 7.Notification Map 8.Notification List 9.Draft Ordinance JOHN MCCAIN P L E A S A N T R U N W A L D O N AG AG R-40 PUD-R AG AG PUD-R 800 7201 74097304 7101 7401 7200 512508 7302 600 7112 7100 7210 7400 7404 6916 8137000801 73007300 7114 901 7110 505 7200 7204 7208 506 7212 ZC16-014 7201 PLEASANT RUN RD Legend Subject Prop erty I 1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP JOHN MCCAIN P L E A S A N T R U N W A L D O N 800 7201 74097304 7101 7401 7200 512508 7302 600 7112 7100 7210 7400 7404 6916 8137000801 73007300 7114 901 7110 505 7200 7204 7208 506 7212 ZC16-014 7201 PLEASANT RUN RD Legend Subject Prop erty I 1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP JOHN MCCAIN P L E A S A N T R U N W A L D O N 800 7201 74097304 7101 7401 7200 512508 7302 600 7112 7100 7210 7400 7404 6916 8137000801 73007300 7114 901 7110 505 7200 7204 7208 506 7212 ZC16-014 7201 PLEASANT RUN RD Legend Subject Prop erty RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ O PEN SPACE COLLEYVILLE BLVD CO RRIDO RI1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP A.N.A. Consultants, L.L.C. 5000 Thompson Terrace Colleyville, TX 76034 817.335.9900 TBPE Firm No. F-20 Statement of Planning Objectives of Morris Addition for 7201 Pleasant Run Lot 2, Block 1 Morris Addition Rezoning Request from AG and R-40 Statement of Planning Objectives of Morris Addition for 7201 Pleasant Run Road Lot 2, Block 1 Morris Addition Rezoning Request from AG and R-40 Colleyville, Texas 76034 INTRODUCTION Mr. Stephen Morris being the property owner and Mr. Waguih Guirguis applicant (Prospective Buyer), hereby requests the property described herein to be rezoned from AG and R-40. The 6.48-acre tract will be re-platted into three (3) lot single-family residential lots with a minimum area of 1 acre each. The Statement of Planning Objectives to the City of Colleyville will document and provide information in three areas: 1. Review of the existing site with its current ownership, and use, and review of surrounding conditions such as, adjacent zoning, land uses, etc; 2. Description of the proposed re-plat concept for the requested R-40; PROJECT LOCATION AND DESCRIPTION 7201 Pleasant Run Road is an existing platted lot (Lot 2, Block 1) that is located in the Morris Addition, which is situated on the east side of Pleasant Run Road, approximately one tenth of mile of John McCain Road in the City of Colleyville, Tarrant County, Texas. The property is bordered to the south by one (1) single family residential lots at the corner of Pleasant Run Road and John McCain Road, which is zoned AG. The property is bordered to the north and east by one (1) lot, which is zoned AG. The properties to the west on the west side of Pleasant Run Road are zoned R-40 and AG. OWNERSHIP The property is currently owned by: Mr. Stephen Morris who resides at 7201 Pleasant Run Road. PROPOSED SITE ZONING AND LAND USE The proposed zoning classification for the 6.48 acres is “R-40”. The proposed land use for 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition is for single-family, detached residential units with a maximum density of 0.46 units per acre or approximately 3 residential lots. DEVELOPMENT CONCEPT The development concept of 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition is to subdivide this property into large lots that will preserve the integrity of the existing surrounding land use and property zoning with R-40 type lots in the immediate area. DEVELOPMENT STANDARD The development standards set forth for 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition will meet zoning district standards for R-40 per the City of Colleyville, Texas Land Development Code. DRAINAGE 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition naturally drains from west to east and from south to north. The property is not impacted by any FEMA floodplain or floodway designation and will not require a flood study or submittal of any applications to FEMA. The existing pond will be retained and will be maintained on the southern lot. WATER DISTRIBUTION SYSTEM There is an existing water line within the right-of-way of Pleasant Run Road on the east side of the right-of- way that runs along the entire frontage of 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition. SANITARY SEWER SYSTEM 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition will sewer to an existing 8-inch line within Pleasant Run Road right-of-way. SUMMARY This rezoning will allow for the re-platting 7201 Pleasant Run Road Lot 2, Block 1 of Morris Addition to provide three (3) large lots with an overall density of 0.46 lots/acre. The estimated home values built these new lots is expected to be between $1,000,000 and $3,000,000 range. We feel that this re-zoning and re-platting will be an attractive addition to this area of Colleyville. We respectfully request the City of Colleyville Planning and Zoning Commission and City Council to consider and approve a change in zoning from AG and R-40. JOHN MCCAIN J O W I L L P L E A S A N T R U N C E D A R W A L D O N O V E R L O O K FOREST MEADOW 7409 8007201 7404 7504 74017400 7327 501 7404 406 7200 7405 7302 7304 7101 7331 512506 7204 508 7404 600 405 486 7208 7112 901 7412 7100 6916 7210 500 813 304 304 7323 7000 801 7100 7408 7309 7317 7113 7312 7300 405 7205 505 7201 7109 7313 7301 7300 7114 7204 7305 7308 7113 7408 7201 7113 7112 7309 509 7401 7300 7408 500 7205 7304 7109 401 7208 7200 7204 7105 7112 617601 7200 7200 7204 613 7305 7404 71087101 7113 7701 7304 7705 7110 7109 7208 7300 505 7301 605 1008 501 609 7308 7209 7213 7312 7117 400 508 7700 7212 7208 520500516404508408504 7400 7205 7108 7713 7201 7108 7109 7109 7209 7112 7709 7117 7312 1104 401 504416412408 508 405 7709517 404 513 7704 7721 77137717 512 7408 7705 700 960 600 ZC16-014 7201 PLEASANT RUN ROAD Subject Property 200ft Buffer Properties within 200ft I 1 inch = 41 7 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address TRINITY CHRIS CTR SANTA ANA 2442 MICHELLE DR TUSTIN, CA 92780 7304 PLEASANT RUN RD TRINITY CHRIS CTR SANTA ANA 2442 MICHELLE DR TUSTIN, CA 92780 7300 PLEASANT RUN RD TRINITY CH CENTER OF SANTA ANA 2442 MICHELLE DR TUSTIN, CA 92780 7200 PLEASANT RUN RD TRINITY CHRIS CTR SANTA ANA PO BOX A SANTA ANA, CA 92711 7302 PLEASANT RUN RD MILLER, DOUGLAS L 7112 PLEASANT RUN RD COLLEYVILLE, TX 76034 7112 PLEASANT RUN RD TRINITY CHRISTIAN CENTER INC 2442 MICHELLE DR TUSTIN, CA 92780 7401 PLEASANT RUN RD MORRIS, STEPHEN 7201 PLEASANT RUN RD COLLEYVILLE, TX 76034 7201 PLEASANT RUN RD GOIN, DONALD W 7101 PLEASANT RUN RD COLLEYVILLE, TX 76034 7101 PLEASANT RUN RD HARRISON, CYNTHIA 800 JOHN MCCAIN RD COLLEYVILLE, TX 76034 800 JOHN MCCAIN RD MITCHELL, EDWARD 600 JOHN MCCAIN RD COLLEYVILLE, TX 76034 600 JOHN MCCAIN RD TRINITY CHRISTIAN CENTER INC 2442 MICHELLE DR TUSTIN, CA 92780 7409 PLEASANT RUN RD WILLIAMSBURG ESTATE HOA 7113 WALDON COURT COLLEYVILLE, TX 76034 COURTESY NOTICE GUIRGUIS, WAGUIH 75 MAIN STREET COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, August 26, 2016 by Araceli Botello ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 6.48 ACRES, LOT 2, BLOCK 1, OF THE MORRIS ADDITION, LOCATED AT 7201 PLESANT RUN ROAD, FROM THE AG AGRICULTURAL ZONING DISTRICT TO THE R-40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC16-014; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Ordinance O-16-XXXX Page 2 of 4 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 6.48 acres Lot 2, Block 1 of the Morriss Addition, located at 7201 Pleasant Run Road from the AG Agricultural zoning district to the R-40-Single Family Residential zoning district, as depicted in the attached Exhibit “A” and Exhibit “B”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the Ordinance O-16-XXXX Page 3 of 4 City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of October 2016. The second reading and public hearing being conducted on the 18th day of October 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 18TH DAY OF OCTOBER 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A”- Zoning Map Exhibit “B”- Metes & Bounds Description LEGAL DESCRIPTION BEING 6.480 ACRE TRACT OF LAND LOCATED IN HALL MEDLIN SURVEY, ABSTRACT NO. 1038, TARRANT COUNTY, TEXAS, AND BEING LOT 2, BLOCK 1, OF MORRIS ADDITION, AN ADDITION TO THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS AS RECORDED IN CABINET A, SLIDE 2145, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND AS CONVEYED TO STEPHEN MORRIS BY DEED RECORDED IN INSTRUMENT NUMBER D211236717, REAL PROPERTY RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT 1/2 INCH IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID LOT 2, IN EAST RIGHT-OF-WAY LINE OF PLEASANT RUN ROAD (VARIABLE WIDTH RIGHT-OF- WAY); THENCE SOUTH 85 DEGREES, 39 MINUTES, 27 SECONDS EAST, 386.39 FEET WITH THE COMMON LINE OF SAID LOT 2, AND LOT 1, BLOCK 1, HARRISON ESTATES, AS RECORDED IN CABINET B, SLIDE 526, OF SAID PLAT RECORDS, TO A 1/2 INCH IRON FOUND FOR THE NORTHEAST CORNER OF SAID LOT2; THENCE SOUTH 00 DEGREES, 14 MINUTES, 00 SECONDS WEST, 660.85 FEET WITH THE EAST LINE OF SAID LOT 2, AND THE WEST LINE OF SAID LOT 1, TO THE SOUTH EAST CORNER OF SAID LOT 1, AND THE NORTHEAST CORNER OF LOT 2, BLOCK 1, OF SAID MORRIS ADDITION IN THE WEST LINE OF SAID LOT 1, HARRISON ESTATE; THENCE NORTH 89 DEGREES, 15 MINUTES, 14 SECONDS WEST, 458.31 FEET WITH THE COMMON LINE OF LOT 1, AND LOT 2, OF SAID MORRIS ADDITION TO A 1/2 INCH IRON ROD FOUND IN THE EAST RIGHT-OF-WAY LINE OF SAID PLEASANT RUN ROAD; THENCE NORTH 08 DEGREES, 38 MINUTES, 58 SECONDS EAST, 85.04 FEET WITH THE WEST LINE OF SAID LOT 2; THENCE NORTH 06 DEGREES, 38 MINUTES, 51 SECONDS EAST, 246.80 FEET WITH THE WEST LINE OF SAID LOT 2; THENCE NORTH 05 DEGREES 31 MINUTES, 22 SECONDS EAST, 356.57 FEET WITH THE COMMON LINE OF SAID LOT 2, AND SAID PLEASANT RUN ROAD TO THE PLACE OF BEGINNING AND CONTAINING 282,271 SQUARE FEET OR 6.480 ACRES OF LAND, MORE OR LESS. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 09/12/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of an amendment to the PUD- R Planned Unit Development-Residential district on Lots 1-9, 10X, 11X, 12X, Block 1, Carmel Place Estates, located at 1301 Glade Road, Case ZC16-015 Explanation Russell Slovak, the applicant, has submitted a request to amend the PUD-R (Planned Unit Development Residential) zoning on approximately 6.42 acres, known as Carmel Place Estates. As requested, the amendment would revise the Front Building Line from 30 feet to 20 feet on three lots within the subdivision. The intent of the amendment is to provide a greater buildable area on three lots which are encumbered by floodplain. The applicant is not requesting any additional amendments to the PUD-R ordinance. Existing Conditions: The subject property is currently platted as the Carmel Place Estates Addition and generally located south of Glade Road and west of Bluebonnet Drive. The subject property consists of nine residential lots, and three open space lots. Zoning: The subject property is currently zoned PUD-R (Planned Unit Development Residential). The subject property was rezoned from the AG (Agricultural) district to PUD-R in February of 2008 by Ordinance O-08-1659 (attached for reference). Statement of Planning Objectives: The applicant submitted a Statement of Planning Objectives which is attached for your review. Included in the Statement of Planning Objectives, the applicant describes the existing floodplain on the subject property and the reduction in buildable area on Lots 7, 8, and 9 caused by this natural feature. The applicant further describes the desire to reduce the building setback on the aforementioned lots to allow for a greater buildable area. Proposed Zoning Change: Request - The applicant is requesting to amend the existing PUD-R to allow a revision to the front building line for Lots 7, 8, and 9. The applicant requests to reduce the front building line from the required 30 feet to 20 feet. The applicant has not requested any additional amendments to the PUD-R ordinance. Ordinance – Per Section 4 (Residential Lot Requirements and Setbacks) of Ordinance O-08-1659 the subject property is subject to the following standards: Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 2 Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit “C”, shall control where such building line setback is different from the following requirements. 1.Minimum Lot Size 20,000 square feet. 2.Minimum Lot Width 100 feet, except for cul-de-sac lots which shall be a minimum 83 feet wide. 3.Front Building Line 30 feet 4.Side Building Line 10 feet. 5.Rear Building Line 25 feet. Analysis - The typical course of action for relocating a building line is to request a variance from the Zoning Board of Adjustment. However, since the subject property is zoned PUD-R and the ordinance is prescriptive in nature only City Council may approve a modification to a provision of the governing ordinance. The governing PUD-R (Ordinance O-08-1659) is specific in regards to the front building line. Section 4.c establishes the requirement for a 30 foot front building line for all residential lots. This provision is further codified in “Exhibit C” of the governing ordinance which shows a 30 foot front building line along the front of each of the nine residential lots. The applicant contends that Lots 7, 8, and 9, which are located on the cul-de-sac, are too encumbered by floodplain to build the size of home desired by prospective homeowners. Staff agrees that the lots have an unusually limited buildable area which may pose a hardship. Additionally, staff believes that a reduced building line will not adversely impact the neighborhood. Since the three lots are located on a cul-de-sac the reduced building lines should not be highly noticeable. The subject property is unique in that is has a significant amount of floodplain covering a large portion of each residential lot. The City’s Engineering department reviewed the proposal and associated engineering reports at the time of approval and verified that the residential lots were developable. City staff further confirmed the feasibility of the project in the course of reviewing the subdivision plat. Although Lots 7, 8, and 9 have a limited buildable area it is feasible to construct a home on each lot. The applicant’s request is due to the desire to construct homes larger than the available buildable area. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached zoning and aerial maps: Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 3 PUD-R Planned Unit Development – Residential (Riverwalk at Colleyville) PUD-R Planned Unit Development – Residential (Bridges at Riverwalk) PUD-R Planned Unit Development – Residential (The Preservation) R-20 Single Family Residential (Single Family Homes) Subject Property PUD-R Planned Unit Development – Residential O-08-1659 AG Agricultural District (Single Family Home) R-20 Single Family Residential (Single Family Homes) R-20 Single Family Residential (Single Family Homes) AG Agricultural District (Single Family Home) Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single family residential uses. The proposed amendment does not seek to change the use on the subject property from single family residential uses. Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, staff has received one letter of opposition for this request. The current percentage of property owners within 200 feet in opposition is 3.21 percent. Staff Recommendation: The requested PUD-R amendment will provide additional flexibility for the developer on the subject property with no apparent adverse impacts on the subdivision or adjacent properties. The request seeks to provide relief to a natural hardship on the subject property. Staff recommends approval of the request. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Approved Plat 6.Zoning Exhibit 7.Existing Ordinance 8.Opposition Map 9.Letter of Opposition 10.Notification Map Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 4 11.Notification List 12.Draft Ordinance R-20 R-40 AG PUD-R PUD-R PUD-R PUD-R AG PUD-C GLADE G A R R Y L Y N N E C A R M E L P L A C E SABINE JO CAROL R I V E R W A L K B L U E B O N N E T 1309 1313 1315 1201 4700 1201 1405 1317 1117 4808 4800 4708 4900 4712 1213 14161132 1205 4920 1113 1112 1113 12091117 1108 1116 1200 1201 1112 12051117 1312 1109 1209 4812 1216 4820 1304 4824 4912 4828 4908 4816 4916 4808 1128 13011116 1109 1308 1124 1300 1120 1312130811161304 46121200 1108 12081204 1212 1300 5005 1300 5011 5009 1112 111611121108 1120 5000 4908 5004 1113 4904 4900 4905 5005 5001 1109 5009 50015001 5009 50055005 5000 5004 1105 5008 5008 1400 4800 1117 1121 4901 15041104 1500 501311091113112111171105 1408 1100 4804 1304 1404 ZC16-015 4920, 4916 , 4912, 490 8, 4828,4824, 4820, 4816, 4812, 4808, 4804, AN D 4800 CARMEL PLACE Subject Property I 1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP GLADE G A R R Y L Y N N E C A R M E L P L A C E SABINE JO CAROL R I V E R W A L K B L U E B O N N E T P R E S E R V A T I O N 1309 1313 1315 1201 4700 1201 1405 1317 1117 4808 4800 4708 4900 4712 1213 14161132 1205 4920 1113 1112 1113 12091117 1108 1116 1200 1201 1112 12051117 1312 1109 1209 4812 1216 4820 1304 4824 4912 4828 4908 4816 4916 4808 1128 13011116 1109 1308 1124 1300 1120 1312130811161304 46121200 1108 12081204 1212 1300 5005 1300 5011 5009 1112 11161112 1117 1108 1120 5000 4908 5004 1113 4904 4900 1121 4905 5005 5001 49011109 5009 50015001 5009 50055005 5000 5004 1105 5008 5008 1400 4800 15041104 1500 501311091113112111171105 1408 1100 4804 1304 1404 ZC16-015 4920, 4916 , 4912, 490 8, 4828,4824, 4820, 4816, 4812, 4808, 4804, AN D 4800 CARMEL PLACE Subject Property I 1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP GLADE G A R R Y L Y N N E C A R M E L P L A C E SABINE JO CAROL R I V E R W A L K B L U E B O N N E T P R E S E R V A T I O N 1309 1313 1315 1201 4700 1201 1405 1317 1117 4808 4800 4708 4900 4712 1213 14161132 1205 4920 1113 1112 1113 12091117 1108 1116 1200 1201 1112 12051117 1312 1109 1209 4812 1216 4820 1304 4824 4912 4828 4908 4816 4916 4808 1128 13011116 1109 1308 1124 1300 1120 1312130811161304 46121200 1108 12081204 1212 1300 5005 1300 5011 5009 1112 11161112 1117 1108 1120 5000 4908 5004 1113 4904 4900 1121 4905 5005 5001 49011109 5009 50015001 5009 50055005 5000 5004 1105 5008 5008 1400 4800 15041104 1500 501311091113112111171105 1408 1100 4804 1304 1404 ZC16-015 4920, 4916 , 4912, 490 8, 4828,4824, 4820, 4816, 4812, 4808, 4804, AN D 4800 CARMEL PLACE Subject Property RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ OPEN SPACE COLLEYVILLE BLVD CORRIDORI1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP ORDINANCE 0-08-1659 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 LOCATED AT 1301 GLADE ROAD, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING 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-08-002; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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, to the character of the districts and their peculiar suitability for particular value of buildings and encouraging throughout the City; and uses, with a view to conserving the the most appropriate use of land WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-08-1659 Page 2 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit A", labeled Location and Zoning Map and is described in the attached Exhibit "B", labeled Legal Description. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 1.4 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. Ordinance 0-08-1659 Page 3 of 5 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Minimum Lot Width c. Front Building Line d. Side Building Line e. Rear Building Line 20,000 square feet. 100 feet, except for cul-de-sac lots which shall be a minimum 83 feet wide. 30 feet. 10 feet. 25 feet. 5. OPEN SPACE a. This development shall provide not less than 14.97% common open space, which shall generally be configured as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the Homeowner's Association. b. All amenities within the open space areas shall be maintained by the Homeowner's Association. c. Landscaping and tree preservation along Glade Road shall conform to the specifications and depictions shown on the attached Exhibit "D" labeled Entry Landscape Plan. 6. SCREENING a. All lots backing to open space areas shall contain fencing that consists of decorative metal and/or masonry. b. A six (6) foot wrought-iron fence shall be constructed along the entire western property line of the development and shall be maintained by the homeowner's association. 7. SIDEWALKS AND PATHWAYS a. Sidewalks shall be required along both sides of the new street and along Glade Road. Ordinance 0-08-1659 Page 4 of 5 ARCHITECTURAL FEATURES a. Driveways and Private Walkways -All shall be of a washed aggregate or stamped finished concrete. b. Masonry Requirement - 100% brick, stone or real stucco. No Finishing System (EIFS) or artificial stucco material shall be permitted. c. Garage Standard -Minimum of a three car garage with wood, architecturally enhanced doors. d. Roof Pitch and Roof Materials -All prominent pitched roofs shall be not less than a 10:12 pitch. Materials shall consist of 40 pound architectural dimension shingles, slate, the or standing seam metal. e. Windows -All windows shall be insulated glass with a "low-e" specification. No aluminum windows shall be permitted. 9. OTHER a. All homes constructed in the development shall be installed with a fire suppression sprinkler system approved by the Fire Marshal. b. The street serving this development shall contain a minimum of 40 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. c. Upon platting, a minimum five-foot sidewalk and utility easement shall be located along both sides of the new street serving the development. d. A minimum of two (2) three-inch caliper trees shall be planted within the front yard of each lot by the homebuilder upon construction of a new home. e. Within 60 days of the certificate of occupancy being issued, all lots must be fully irrigated. f. A sign identifying the development shall be built at the southwest corner of the entry to the subdivision `as shown on the attached Exhibit D" labeled Entry Landscape Plan. The sign shall meet the requirements of the Land Development Code and shall not be located within any street right-of-way. g. A masonry, or stone, retaining wall shall be constructed, and, where applicable, replace any existing retaining wall structure or material along the creek prior to the acceptance of final public improvements by the Engineering department. The wall shall be approved by, and meet the specifications of, the Engineering department and shall be maintained by the homeowner's association. Ordinance 0-08-1659 Page 5 of 5 Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. 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. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. 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 ~~ day of 2008. The second reading and public hearing being conducted on the /9~ day of e~~c/~Gc_.R~ar 2008. ATTEST: I ~ , Cynthia Singleton, City Secretary TRMC,CMC CITY OF COLLEYVILLE t---~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Aftorney EXHIBIT "A"- Location and Zoning Map iti~~i7CN tl?. I}16 '17~ ilEL iw II ~ ~ _ SIT. t (F elf( ~ It 1 _ I. 3~U7 ~ _ i i l~i- T _ 11~~ I i,~~ ~ , . y 721: 101 i ~ 1 L , `5, i_ :'. T ~'~ ~ ,itih ~ 7?~?5~ 1173 I.~? ~ ~ i!01 ~ I l~ ia.~ ~, ,,, u~[~-:na lets 75~:F7 I~Is al~ ~. 7 .13CC. ryd ", 1~`~'s ~ __.. dE ~ti f~'i5 t t ~;CF~ - 11 ti5 1~iit1 11~~4 ~ 1P~~ '~ Iyl~ ~ 3CC5 9313._.. 4i~I~ 1_- ~_ ~ ~~~r` ~'~~.'~ 11G1 ~ +,jp-_ ~ fly '1113 ~' 11;d F "'1 aTt.~ 11~i~itu1Cf, 1 t~ tt~a. ~~Crl~ R~~~:~: .~~ i ~r j5~2.i~i' Y.ia.~~ ~6 ~~:; r: r~;f; I . ~ 361?1 _.(i:(-p~ ~. 4:~i±~ 631-~~--~--_ - ~-r i _ -- '.~° __ ~7.S - --- --~ t ~ ~ A'?07 0 a ,f9 4E(1 I e?i3 as-ran d', it EXHIBIT "B"-Legal Description arnxl Ylacc ~:STateS F'lEi,!] nfJTES W ihral etciain tract situatcd in the Geo[~e ~f_ Teeter Surve~r, Af,titr,~ct Ntiml:+er f 5~#3, in t}1e City flf Calleyr~illa. T[~rrrinl C+tiunGy, Texas, ;end being the same Et~ct. drfi~ribe;i in the ~cci to Clii>,on 1~.17u.ke aad wife, CatttL~e T. woke ~v::tarrled in Volume ii318, Page 32~i r~ r tt~ Dee+l R~cxartlx of Tarrant t='aunty, Texas; the stthje~ct ira,~l bts; n~ [[ww particuhuiy d,cscribed by meteR and ltaundfi tts follow. BE~'IN1Vll~ti at ripe northeast corner oi~ sunritiC 1<'errat:~ Scrti+m one rtccording to the plat rcY~cfnl~d in '~ole~mc 388-31. I''age 66 of the Flat Records of Tarrant ~'uunty, Texas, fmm wt>uch a found lf2 iucls reh~.r Yrears Tvcxlh 1217cgmcs Eabt x dista~e of 0, a41"eet, T>-[E'_~iCE 1llaril ~ R4 ~arGC~ ~$ rllli[t1tC5 17 S~cL~d,~ EasC. V~'lttt the ra~rtlt line bf the traeE dfi~sribc~d iv the deed tv Clifton l~. Duke and wile, Ca~ndaee I. fluke: rxordedin Volume ~31ti, Pu~~ 32$ of tllc I1 Rccnrds of Tarraut Cooney, Texas {swirl iru~:l E~~inaFtt:r tufcmxi tv tts the: Duke tr•~tct'~ a di 41x~ntc t~f 272.0 fiat to a ll2 inch Debar found at d7e n~7rth~~~t rx-rner t}tcmut and the nnr[hwe4r. earner of tl,e Irrit~l iicst;ribcd in the: deed ro Robert Gene Hubhand recoaded in Volume 5 E;A~4, F'a~e X14 cif ilea xr~i+l Dexd Rr~r~r,cls; TFIEN~E South 4I bcgrcc 37 Minutes 4G S~ecand~ Eac~ with ll'oe fit line of thn yaicl T)~~kc tra[:t wad the v~~est ling of llse said Hubhani tract cic.~4ri bed in the deed recorded in Wolurtae 5804, Page 444 and tl,o ~vcs# line of [tttr~ther tract ro said RabeM Gene FIuhhF,rd th; s +mc rswr~d in Valum~ SSi)~. Page ~4G +7J'tlte s:,irl DGC~ RccuRl~ K wlal ~li~tancv~ cif SJ. lfi fret Eo $ S,~B inch Mbar f~awid tit o-i xalirnt r.~}mrr in the Wroth line ot'~Iock l of l7~ Lakec ~~f Sa7merset rexemlrc~ in Cak-ituf A, Slide 312 of tlue said Flat Rc~err~x; 1'Hl=,['VCE South (}(1 ]7~egrees fl6 h+finul~~ 01 Sncemd R'cst, with the north lice of sa€d Black 1 a distance of 15.iJ7 feet ~ a It2 ;rreh rehr~r fc~un~i of a Entrant comer of said north lime; T1iEN('Fz Ncrtlh 89 Ucgrccs :~7 Minwc~ 43 5ecands v~~eu, cantinuinfi fViEh the north line c7f Iock 1 s distance 4f X6.39 fry[ k~ u ben+l in wr~i+l nimh ling, tivrn which a 5tti inch rebttr found Yre~rs l~ arth 3fi l7c~cos V4'est a distance of U.3kS feet; THENC,B I~'arrh 8'~ ae~ree~ 24 Minutes 4fi ,era~nds VTcvt, ~c+n#inuing wittl the north lino of 131txk 1 a disE'attcc af'27l?. l~ t'eet to a ~ incEti imn i}il7C (t,~t;d pipe wac removed by ~~thcr.; and sit in :1uo4hCr lUr..:ilion euui shown hecr~n) found At the s~ot7t~rst earner of 5uurisc T~~ra~:c Scw~tion Two icc~ordcd in ~alumc 38k1-3~, Fage ~}I of the said Plat Re~xar~lr dnd i?~e s+~utitw+~t ~:tarnt<r of the Duka tract; THF'.~TCF 1~+orth 0t} )~Ggn:cS 1O MinutES ~~ SECQ1LdS }rlf~fit, +Nilh ilea rti~eaE line nF tlx I]ukc ir~c-t and the 2aSt line Oif Rnid Swirit;~ ~1'C;Tr:IL'C Stx:Eiirns ~ht~ $~ TwV a tli,~tanCC t~ ~8U.5b t'CC[ DCLUIILLng to []telP'[..At::'li C?T' BFsC"rlNf~[~I~,T anal 4n+cl4singb.41~ arses. EXHIBIT "C"- Conceptual Site Plan i.. / i , x .., _1: i j f .~ r ._ r i I.. t, f ;~ ~1` i 1._ __ I~~~~ I t t.1 1 ~, ~ ~ ~ J EXHIBIT "D"- Entry Landscape Plan STAGKCi7~ SLABS C31~ ROCK USEQ Tom-- ~"~ ~~_~_~... CREATE TM~ WALlS f1P Tttt= SWA~L" t ~ ~ /` ~!f?E'rt+A{,Ka G~A BpTTOM t?RAkWAGE SWAIN tA~`RO~EP _ ~ pppii~~ pC7~ ~p~/~ 1~ ~^c 7"t i t. .~ j i j ~ PROPO~~R CANOPI' lrf- ~ ~~_ .~ ~TREE~ i x~Sr~N• TR E5 ~--'-_ ' t TJ REM IN V~~~ ~ ~.~-b U d m u t9 z Q J a ' V~ i~~ 0 PROPOSED ? PROP05EPCAN©PY --F WATERTRCk9 ~~ FEATURE i 1 r _.4` Cf)NCRPTE _ ~'~ r.SIDEWALK y - l - ~ ~ ~,,, -. 1 t-- ._.~...».....m~• - ~. u.~ ya.r' ~. t':"RY ~AONUMENT PROP09[0 ORNAMENTAL ~~'\ TREE3 - _ CARMEI P-LACE 1 ENTRY LANt}SCAPE P'Lf~N I A,1~1E~ P.A~~ TAT f S1GE GRQ~ ~.. r~>. O t Q~ ~a• 4a~ t - _ ~~' t ~ ~~~ o~ GLADE CHATSWORTH G A R R Y L Y N N E C A R M E L P L A C E JO CAROL R I V E R W A L K B L U E B O N N E T 1309 1313 1315 4700 1201 1405 1317 1117 4808 4800 4708 4900 4712 4612 1213 14161132 1205 4920 1216 1300 1113 1112 1113 1108 12091117 1116 1200 1201 1112 1117 1109 1205 1312 1209 4812 1116 4820 1304 4824 1304 1308 4912 4828 4908 4816 4916 4808 1128 1200 1201 1208 1301 1204 1212 1109 1312 1116 1308 11241120 1112 1108 1213 1300 4616 4900 49041117111311091121 4613 1313 1105 4613 1301 1305 4800 1400 46081309 5005 1500 4612 1408 4804 1404 1504 ZC16-015 4920, 4916 , 4912, 490 8, 4828, 4824, 4820, 4816, 4812, 4808, 4804, AN D 4800 CARMEL PLACE Parcels Opposed Parcels within 200ft Subject Properties Opposition AreaI 1 inch = 208 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. OPPOSITION MAP Total Land Area in Buffer (Includes R.O.W): 661508 Sq Ft /15.18 Total Acres Total Land Area O pposed (within 200 ft Notice Area): 21267 Sq Ft/ 0.48 Total AcresPercent of Land Opposed (within the 200 ft. Notice Area): 3.21% GLADE B E D F O R D S T A F F O R D CHATSWORTH J O C A R O L GARRY LYNNE R I V E R W A L K O A K T I M B E R S B L U E B O N N E T C A R M E L P L A C E P R E S E R V A T I O N SABINE S T O N E B R I D G E S A N G A B R I E L 1309 1313 4700 1504 1315 5019 1105 1201 1201 1405 1317 1117 4808 4800 4708 4900 4712 4612 4809 4709 4713 1213 4801 4701 4901 1300 14161132 1500 1213 1205 5013 1108 5005 4612 4920 1216 5101 1100 1104 1300 1113 1112 1109 1105 1101 11131109 1209 1100 1105 1101 1117 1100 1116 1200 1201 1108 1112 4608 4613 1117 1104 1205 1312 1104 1312 4613 1209 4616 4812 1200 1100 11161104 4820 1304 4824 1304 1308 4912 4828 4908 1112 4816 4916 4808 1128 1200 5017 12081108 1301 1204 1212 4613 1112 1313 5012 1116 1308 11241120 1301 5004 1305 5101 4612 1309 1100 1100 1105 1104 1104 1505 1105 5005 1300 50131105 5011 5105 1509 5009 1116 1113 1117 11171109 1112 11161112 1113 1117 1108 1108 1120 5012 5000 5016 1121 1109 4908 5008 5020 5004 1113 5024 4904 5100 4900 4612 4905 5005 5021 5101 4609 5013 5025 5017 5001 5009 4901 5013 5009 50015001 5104 50175013 5009 5005 5101 5021 5105 5005 5020 5024 5025 5016 51005028 5000 51015109 5012 5029 5008 5004 5105 1400 4808 4900 4800 4712 4708 4700 5000 4800 1121 1120 11211109 4612 51041100 1009 4608 4905 1005 1408 4901 4737 4821 4733 4804 1304 1404 ZC16-015 4920, 4916 , 4912, 490 8, 4828,4824, 4820, 4816, 4812, 4808, 4804, AN D 4800 CARMEL PLACE Subject Property 200 ft Buffer Properties within 200ftI1 inch = 29 2 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address ARCLAND INVESTMENTS LLC 1300 GLADE RD COLLEYVILLE, TX 76034 1300 GLADE RD MAUNEY, KEITH 1216 CHATSWORTH DR COLLEYVILLE, TX 76034 1216 CHATSWORTH DR CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4916 CARMEL PL SMITH, DENIS J 1308 CHATSWORTH CT E COLLEYVILLE, TX 76034 1308 CHATSWORTH CT E CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4908 CARMEL PL CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4816 CARMEL PL CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4828 CARMEL PL KING FISHER LTD 1132 GLADE RD COLLEYVILLE, TX 76034 1132 GLADE RD SWINDELL, MITCHELL 1212 CHATSWORTH DR COLLEYVILLE, TX 76034 1212 CHATSWORTH DR LOGAN, EMORY M 1313 GLADE RD COLLEYVILLE, TX 76034 1313 GLADE RD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 1209 GLADE RD CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4804 CARMEL PL HAUTANEN, OSMO A 1304 CHATSWORTH CT E COLLEYVILLE, TX 76034 1304 CHATSWORTH CT E EMLER LIVING TRUST 1300 CHATSWORTH CT E COLLEYVILLE, TX 76034 1300 CHATSWORTH CT E HUBBARD, ROBERT GENE PO BOX 494 COLLEYVILLE, TX 76034 1309 GLADE RD CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4912 CARMEL PL COLLINS, MICHAEL 1208 CHATSWORTH DR COLLEYVILLE, TX 76034 1208 CHATSWORTH DR CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4808 CARMEL PL IDOL INVESTMENTS LLC 1124 TRIPLE CROWN CT BARTONVILLE, TX 76226 1304 GLADE RD # 300 SNYDER, JOHN 1701 ROYAL LN #1202 DALLAS, TX 75229 4812 CARMEL PL FOUNTAINS AT RIVERWALK OFFICE 704 KENT CT SOUTHLAKE, TX 76092 1301 STONEBRIDGE DR GRAY, DOUGLAS M 1201 GARRY LYNNE DR COLLEYVILLE, TX 76034 1201 GARRY LYNNE DR GRISSO, TERANCE R 3505 MEADOWLARK LN COLLEYVILLE, TX 76034 1205 GLADE RD CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4800 CARMEL PL WHITTEN, LINDA 1209 GARRY LYNNE DR COLLEYVILLE, TX 76034 1205 GARRY LYNNE DR HSV RETREAT LLC 5132 POST OAK TR COLLEYVILLE, TX 76034 1308 GLADE RD # 200 ROACH, ALISHA 1312 CHATSWORTH CT E COLLEYVILLE, TX 76034 1312 CHATSWORTH CT E RODGERS, CONRAD B 1213 GARRY LYNNE DR COLLEYVILLE, TX 76034 1213 GARRY LYNNE DR NEAL, JANIS CAROL TR 1117 GARRY LYNNE DR COLLEYVILLE, TX 76034 1117 GARRY LYNNE DR CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4920 CARMEL PL CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4820 CARMEL PL CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4824 CARMEL PL WHITTEN, HAROLD 1209 GARRY LYNNE DR COLLEYVILLE, TX 76034 1209 GARRY LYNNE DR THE BRIDGES AT RIVERWALK HOA PO BOX 1183 COLLEYVILLE, TX 76034 COURTESY NOTICE RIVERWALK AT COLLEYVILLE HOA P.O. BOX 1031 COLLEYVILLE, TX 76034 COURTESY NOTICE LAKES OF SOMERSET HOA 1104 CHATSWORTH CT WEST COLLEYVILLE, TX 76034 COURTESY NOTICE SLOVAK, RUSSELL 1800 VALLEY VIEW LN,STE 300 FARMERS BRANCH, TX 75234 APPLICANT GRAPEVINE‐COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, August 26, 2016 by Araceli Botello ORDINANCE O-16-XXXX AN ORDINANCE AMENDING ORDINANCE O-08-1659 CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance O-08-1659 on February 19, 2008 to grant a rezoning request from the AG-Agricultural district to the PUDR-Planned Unit Development Residential district on 6.4 acres located at 1301 Glade Road, under Case Z- 08-002; and WHEREAS, the applicant has requested an amendment to Ordinance O-08- 1659 to amend Section 4.c to allow for a 20 foot building line on Lots 7,8, and 9 under Case ZC16-015; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance O-16-XXXX Page 2 of 4 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 6.48 acres, Lots 1-9, 10X, 11X, 12X, Block 1, of the Carmel Place Estates, located at 4920, 4916, 4912, 4908, 4828, 4824, 4820, 4816, 4812, 4808, 4804, and 4800 Carmel Place, from the PUD-R Planned Unit Development- Residential Zoning District to the PUD-R Planned Unit Development-Residential Zoning District, as depicted in the attached Exhibit “A” and Exhibit “B”. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 1.4 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING Ordinance O-16-XXXX Page 3 of 4 a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit “C”, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit “C” to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit “C”, shall control where such building line setback is different from the following requirements. a. Minimum Lot Size 20,000 square feet. b. Minimum Lot Width 100 feet, except for cul-de-sac lots which shall be a minimum 83 feet wide. c. Front Building Line 30 feet, except for lots 7,8,9 which shall be 20 feet. d. Side Building Line 10 feet. e. Rear Building Line 25 feet. 5. OPEN SPACE a. This development shall provide not less than 14.97% common open space, which shall generally be configured as shown on Exhibit “C”. All open space areas shall be landscaped and maintained by the Homeowner’s Association. b. All amenities within the open space areas shall be maintained Ordinance O-16-XXXX Page 4 of 4 by the Homeowner’s Association. c. Landscaping and tree preservation along Glade Road shall conform to the specifications and depictions shown on the attached Exhibit “D” labeled Entry Landscape Plan. 6. SCREENING a. All lots backing to open space areas shall contain fencing that consists of decorative metal and/or masonry. b. A six (6) foot wrought-iron fence shall be constructed along the entire western property line of the development and shall be maintained by the homeowner’s association. 7. SIDEWALKS AND PATHWAYS a. Sidewalks shall be required along both sides of the new street and along Glade Road. 8. ARCHITECTURAL FEATURES a. Driveways and Private Walkways – All shall be of a washed aggregate or stamped finished concrete. b. Masonry Requirement – 100% brick, stone or real stucco. No Finishing System (EIFS) or artificial stucco material shall be permitted. c. Garage Standard – Minimum of a three car garage with wood, architecturally enhanced doors. d. Roof Pitch and Roof Materials – All prominent pitched roofs shall be not less than a 10:12 pitch. Materials shall consist of 40 pound architectural dimension shingles, slate, tile or standing seam metal. e. Windows – All windows shall be insulated glass with a “low-e” specification. No aluminum windows shall be permitted. 9. OTHER a. All homes constructed in the development shall be installed with a fire suppression sprinkler system approved by the Fire Marshal. b. The street serving this development shall contain a minimum Ordinance O-16-XXXX Page 5 of 4 of 40 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. c. Upon platting, a minimum five-foot sidewalk and utility easement shall be located along both sides of the new street serving the development. d. A minimum of two (2) three-inch caliper trees shall be planted within the front yard of each lot by the homebuilder upon construction of a new home. e. Within 60 days of the certificate of occupancy being issued, all lots must be fully irrigated. f. A sign identifying the development shall be built at the southwest corner of the entry to the subdivision as shown on the attached Exhibit “D” labeled Entry Landscape Plan. The sign shall meet the requirements of the Land Development Code and shall not be located within any street right-of-way. g. A masonry, or stone, retaining wall shall be constructed, and, where applicable, replace any existing retaining wall structure or material along the creek prior to the acceptance of final public improvements by the Engineering department. The wall shall be approved by, and meet the specifications of, the Engineering department and shall be maintained by the homeowner’s association. Sec. 4. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. 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 O-16-XXXX Page 6 of 4 ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of October 2016. The second reading and public hearing being conducted on the 18th day of October 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 18TH DAY OF OCTOBER 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Ordinance O-16-XXXX Page 7 of 4 Matthew C. G. Boyle City Attorney Exhibit “A”- Zoning Map Exhibit “B”- Zoning Exhibit City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4d Agenda Date 09/12/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district on Lot 1R, Block 1, O. Martin Subdivision, located at 5601 Montclair Drive, Case ZC16-017 Explanation Roger “Skip” Blake, the applicant, has submitted a request to rezone approximately 0.84 acres located at 5601 Montclair Drive from the R-40 Single Family Residential district to the R-30-Single Family Residential district. The applicant is seeking a zoning change to allow for an increase in lot coverage and to address noncompliant zoning issues with the R-40 district on the subject property. Existing Conditions/Background: The subject property is a platted lot of the O. Martin Subdivision and is zoned R-40 Single Family Residential District. The subject property is generally located on the east side of Montclair Drive and south of Hall Johnson Road. The subject property is currently developed with one single family residential home which is proposed to be demolished. The applicant requested a variance to the maximum lot coverage for the R-40 zoning district at the August 9, 2016 Zoning Board of Adjustment (ZBA) meeting. The maximum lot coverage allowed in the R-40 district is 20%. The request was to allow for a lot coverage of 25%. The ZBA denied the request and further recommended rezoning the subject property to R-30 to resolve all noncompliant zoning issues. The subject property was replatted in 2012 combining two lots into one lot, and abandoning the remaining right-of-way for Ruth Road. The right-of-way abandonment as part of the replat was approved by City Council on October 1, 2012 by Resolution R- 12-3544. At the time of plat approval, the Planning and Zoning Commission granted two waivers to the requirements of the R-40 district: 1.Waiver to the front building setback (40 feet required, 30 feet provided). 2.Minimum lot width (150 feet required, 137.6 feet provided). In addition to the waiver to the front building setback, the subject property does not comply with the following provision of the R-40 district: Planning and Zoning Commission Agenda Briefing 4d City of Colleyville Page 2 1.Minimum lot area (40,000 square feet required, 36,008 square feet provided). Proposed Zoning Change: Request – The applicant is requesting a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district to allow for an increase in lot coverage and to resolve noncompliance with the current R-40 zoning designation. Based on the current zoning district regulations, the subject property does not meet the minimum requirements for lot width and lot area. Ordinance – Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-30 zoning regulations require the following standards: Minimum Lot Area: 30,000 square feet Minimum Lot Width: 125 feet Minimum Lot Depth: 125 feet Minimum Front Yard Setback: 35 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 25 percent The applicant has provided a zoning exhibit which is conceptual in nature and not up for consideration as part of the zoning request. However, the conceptual exhibit proposes one lot 36,016 square feet in size. This conceptual plan appears to meet the R-30 zoning district’s minimum lot area of 30,000 square feet and other standards as listed above. Chapter 3 (Land Use) of the Land Development Code identifies the purpose and intent of the R-30 zoning district as primarily oriented toward low-density residential purposes and open space uses. Additionally, it states the principal uses shall be moderately low-density detached single family homes. Analysis – The zoning designations for the properties to the north, east, & west are R- 20 and the property to the south is zoned R-40. Although the R-30 district as requested would be different than the surrounding zoning designations, it appears generally consistent with the development pattern in the area. Additionally, the subject property meets the minimum requirements of the R-30 district. Should the request be approved, the subject property will be in compliance with all zoning regulations. As previously state, the ZBA recommended rezoning the property to the R-30 district to resolve all outstanding noncompliant issues on the subject property. Staff concurs with this recommendation. Surrounding Development: The table below reflects the surrounding zoning and existing land uses for the subject property as further illustrated on the attached location map: Planning and Zoning Commission Agenda Briefing 4d City of Colleyville Page 3 R-20 Single Family Residential (Single Family Home) R-20Single Family Residential (Single Family Home) R-20 Single Family Residential (Single Family Home) R-20 Single Family Residential (Single Family Home) Subject Property R-40 Single Family Residential (Single Family Home) R-20 Single Family Residential (Single Family Home) R-20 Single Family Residential (Single Family Home) R-40 Single Family Residential (Single Family Home) R-40 Single Family Residential (Single Family Home) Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single family residential uses. The proposed rezoning request does not seek to change the use on the subject property from single family residential uses. The comprehensive plan’s Residential Density Policy states that the maximum density of each residential project shall be 1.8 dwelling units per acre. The proposed density is 1.20 dwelling units per acre. The requested zoning change is consistent with the comprehensive plan. Fees: Park Land Dedication fees are not required for this request since a single family home currently exists on the subject property. Impact Fees may also be required per Chapter 13 (Impact Fees) of the Land Development Code and will be due prior to the issuance of a Building Permit. Tree Preservation: Any future development of the subject property must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The proposed zoning change is consistent with the City’s comprehensive plan. Although the requested R-30 District differs from R-20 and R-40 Planning and Zoning Commission Agenda Briefing 4d City of Colleyville Page 4 zoning designations, the R-30 district is generally consistent with the surrounding properties and development pattern. Staff recommends approval of the proposed rezoning request. Recommendation Approve Attachments 1.Zoning Map 2.Aerial Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Conceptual Zoning Exhibit 6.Approved Plat 7.Right-of-Way Abandonment 8.Notification Map 9.Notification List 10.Draft Ordinance MO N T C L A I R HALL JOHNSON RUTH MULBERRYR-20 R-40 R-20 AG R-20 R-20R-40R-20 R-20 R-20 5513 5509 5600 5605 2113 2101 5601 2201 220720132009 5512 5508 2300 5604 5504 5608 2301 2304 2305 5609 2109 2005 5602 5712 5600 5704 5708 2309 5506 2308 5607 5605 5609 5511 5801 5504 2101 22032103210721052109 5605 5613 22015800 2205 ZC16-017 5601 MONTCLAIR DRIVE Legend Subject PropertyI1 inch = 125 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP MO N T C L A I R HALL JOHNSON RUTH MULBERRY 5513 5509 5600 5605 2113 2101 5601 2201 2207 20132009 5512 5508 2300 5604 5504 5608 2301 2304 2305 5609 2109 2005 5602 5712 5600 5704 5708 2309 5506 2308 5607 5605 5609 5511 5801 5504 2101 22032103210721052109 5605 5613 22015800 2205 ZC16-017 5601 MONTCLAIR DRIVE Legend Subject_PropertyI1 inch = 125 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP M O N T C L A I R HALL JOHNSON RUTH MULBERRY 5513 5509 5600 5605 2113 2101 5601 2201 2207 20132009 5512 5508 2300 5604 5504 5608 2301 2304 2305 5609 2109 2005 5602 5712 5600 5704 5708 2309 5506 2308 5607 5605 5609 5511 5801 5504 2101 22032103210721052109 5605 5613 22015800 2205 ZC16-017 5601 MONTCLAIR DRIVE Legend Subject Prop ertyRESIDENTIAL COMMERCIAL INSTITUTIONALPARKS/ O PEN SPACE COLLEYVILLE BLVD CO RRIDO RI1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP RESOLUTION R-12-3544 A RESOLUTION AUTHORIZING THE ABANDONMENT OF THE RUTH ROAD RIGHT-OF-WAY WHEREAS, the property owners located at 5106 and 5513 Montclair Drive have submitted a request to abandon the roadway right-of-way, ! known as Ruth Road. NOW, THEREFORE, BE IT RESOLVED BY ~HE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the right-of-way abandonment for Ruth Road as depicted in Exhibit "A' and described in Exhibit "B", is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ~ AYES, D_ NAYS AND Z.~ ABSTENTIONS ON THIS THE 1ST DAY OF OCTOBER 2012. 4~TT ~: ~ Cynthia Singleton, RMC, CMC City Secretary CITY OF COLLEYVILLE k~-~~.~ _~ _ - David Kelly Mayor XH.I~IT "A ,~THIS St1RVEY PLAT IS ACCOMPANIED 8Y A FIELD NOTE DESCRIP710N WHICH IS MADE A PART OF THIS pOCUMENT" ALL PROPERTY CORNERS SHOWN HEREON ARE 1/Z INCH CAPPED STEEL RQDS S7AMPED MOAK SURY INC" UUNLESS N07ED Q7HERWISE LOT 22 ROBERT S, JACKSON and wife, NANCY L. JACKSON VOI., ll99b, PG. 412, D.R.T.C.T, LOT 1 . LOT 2 O. MARTFN. SUBDIVISION VOL. 388-4$, P~GE 319, P.R.T.C.T. z° 5tee~ rod found N 89°54'1i6"E 26~.32` 6.30'R UTl~ ~OAD TO BE ABANDONED) N ~0.2991 ACRES O NOTE: NO IMPROVEMEN~S SWOWN. 0 o S 89°47'10"W 26j.07' Z Bearing 5ource per Insk No. D21118i640} LOT 1R, BLOCK 1, FISHER ADDITION INSTRUMENT NO. D211181840, P.R.T.C.T. U F~ ~ WM N LOT 21 N t ~ . U ~ O~ Point 0f ~ Be tinriin ~~a" steei99' rod found 112" sfee! ~o ~ rod found ~ ,,y o PORTION OF FORMER RUTH ROAQ VACATED BY CITY RE50l.lfTION R-95-1110 I hereby certi.fy that tlais plat is an accurate representation of an actual survey made on the ground this date under my supervision of the above described tract and the boundary lines, corners and dimensions shown are as indicated. FtEC~dll~D gttG 0 6 209~ o W. Morgan, R.P.L, . No. 5488 ~~~~.~q ~F ~ Scale ~„ ^ 50' ~~ OF r P.~G~~~R~+.~ Moak S = ~rs, Inc. o'.~' LICENSE - TA ND R ISTEREDLEGEND . ~ .........................»...:.,.... PROFES ON ~~ ..: = EYORS FOUND STEEL ROD ..70HN W: MORGAN . O SET CAPPED STEEL ROD '~ 548$ ~: Texas • w ex~c izo Nevada CROSS CUT IN CONCRETE y'~°~~ss~°.~'-L~ t ll05 Cheek Spa r Roa e t~ [e, Texas 76034 FOUND STEEL PiPE ~ SUR`~ Metro 817T2 ~~,221I.~x Yc`7^282-0401FOUNDBOISD'ARC STAKE Date 08-02-2012 ~ Job # 12-034A6 EXHIBI~' "B„THIS FIELD NOTE D~SCRIPTION 1S ACCOMPANIED BY A SURVEY PLAT WHICN IS MADE A PART OF THiS DOCUMENT" Field Note Description For A Right- 4f-Way Abandonment of Ruth Road ALL that certain tract or parcel of laud situated in the S.C.H. WITTEN SURVEY, ABSTRACT NO. 1619, Colleyville, Tarrant County, Texas and being a portion of Ruth Road, a public right-of-way in the City of Colleyville, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch steel rod found for the southeast cornar of Lot 2, O. Martin Subdivision, an Addition to the City of Colleyville, Tarrant County, Texas according to the plat xecorded in Volume 388-48, Page 319, Plat Records, Tarrant County, Texas, being in the northerly right-of-way line of said Ruth Road, also being the northwest corner of the portion of Ruth Road vacated by City of Colleyville Resolution No. R-95-1210; THENCE South 00 degrees 13 minutes 17 seconds West with the westerly boundary line of said vacated road, at 24.96 feet passing a 1/2 inch steel rod found for the most northerly northwest corner of Lot 1R, Block 1, FISHER ADDITION, an Addition to the City of Colleyville, Tarrant County, Texas as recorded in Instrument No. D211181840, of said Plat Records, in a1149.61 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" found for an inner ell corner of said Lot 1R, also being in the southerly right-of-way li.ne of said IZuth Road; THENGE South 89 degrees 47 minutes 10 seconds West with the northerly boundary line of said Lot 1R and with the southerly riglat-of--way line of said Rut1t Road, 261.07 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" faund for the northeast comer of said Lot 1R, being the intersection of said southerly right-of way line with the easterly right-of way line of Montclair Drive; THENCE Narth 00 degrees 04 minutes 28 seconds West with said easterly right-of-way line, 50.15 feet to the intersection of said northerly right-of-way line, being in the southerly boundary line of said ~. Martin Addition frozn which a 1/2 inch steel rod found for the southwest corner thereof bears South 89 degrees 54 minutes 16 seconds West, at b.30 feet; THENCE North 89 degrees 54 minutes 16 seconds East with said northerly right-of-way line and said southeriy boundary line, 261.32 feet to the PLACE OF BEGINNING and containing 0.2991 acxes of land, more or Iess as surveyed by Moak Surveyors, Inc. . I hereby certify that this plat is an accurate representation of an actual survey made on the ground this date under my supervision of the above descxibed txact and the boundary lines, corners and dimensions shown are as indicated. 3 W. Morgan, R.P.L. . o. 5488 1"=50'Scale LEGEND FOUND ST'EEL ROD O SET CAPPED STEEL ROD CROSS CUT IN CONCRETE FOUND STEEL PIPEaFOUNDBOISQ'ARC STAKE Moak Texas • FtECE{I/~D aur o s ~oi~ psr PAGE Z OF 2 e~ors, Inc. Nevada 11fl5 Cheek Spat~r F~oa~~~iley~~le, Texas 76034 Metro $17-Z -2211 ~'17-282-0401 ~wwrv.mo n ,. ors.com Date 08-02-2012 Job # 12-034A6 COORDINATE FILE: 10-134 S Y C A M O R E M O N T C L A I R HALL JOHNSON RUTH MULBERRY 5509 5501 5513 2005 5500 5600 5605 21132101 5601 2201 22072013 5502 2009 5512 5508 5511 5504 5605 5609 2300 5417 5604 5607 5800 5507 5602 5608 5600 5704 2301 5504 5502 2304 5506 2309 5712 2305 5708 2308 5509 5801 5609 5500 2109 2107 2203 5705 22072205210321092101 5603 2201 5410 5507 2105 5605 5701 5503 5505 5601 5709 5609 5501 2301 5505 5513 5404 5603 5611 5411 5802 5801 5605 2001 2001 5613 ZC16-017 5601 MONTCLAIR DRIVE Subject Property 200ft Buffer Properties within 200ftI1 inch = 18 1 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address MCCURRY, THOMAS 5110 OLD OAK LN COLLEYVILLE, TX 76034 5601 MONTCLAIR DR VOLOSEN, MIRCEA 5604 MONTCLAIR DR COLLEYVILLE, TX 76034 5604 MONTCLAIR DR SUEDMEIER, MICHAEL 2301 MULBERRY CT COLLEYVILLE, TX 76034 2301 MULBERRY CT HANEY, KENNETH J 2101 HALL JOHNSON RD COLLEYVILLE, TX 76034 2101 HALL JOHNSON RD JACKSON, RICHARD PO BOX 658 COLLEYVILLE, TX 76034 5605 MONTCLAIR DR MACAULAY, ANDREW 5509 MONTCLAIR DR COLLEYVILLE, TX 76034 5509 MONTCLAIR DR BREWSTER, KEITH W 5508 MONTCLAIR DR COLLEYVILLE, TX 76034 5508 MONTCLAIR DR PATTERSON, BURTON 5600 MONTCLAIR DR COLLEYVILLE, TX 76034 5600 MONTCLAIR DR HICKS, RUSSELL 2304 MULBERRY CT COLLEYVILLE, TX 76034 2304 MULBERRY CT COX, LAETITIA R PO BOX 1785 COLLEYVILLE, TX 76034 5512 MONTCLAIR DR ENTY, DON 5513 MONTCLAIR DR COLLEYVILLE, TX 76034 5513 MONTCLAIR DR TORRES, ARNOLD 5608 MONTCLAIR DR COLLEYVILLE, TX 76034 5608 MONTCLAIR DR BURTON, EDITH 5613 MONTCLAIR DR COLLEYVILLE, TX 76034 5613 MONTCLAIR DR LEMMON, S CRAIG 2305 MULBERRY CT COLLEYVILLE, TX 76034 2305 MULBERRY CT ANTONETTI, ALFREDO 2300 MULBERRY CT COLLEYVILLE, TX 76034 2300 MULBERRY CT JACKSON, RICHARD PO BOX 658 COLLEYVILLE, TX 76034 5605 MONTCLAIR DR ARBOR ESTATES II HOA 5506 SYCAMORE DR COLLEYVILLE, TX 76034 COURTESY NOTICE HIGHLAND MEADOWS 2101 HIGH GATE DR COLLEYVILLE, TX 76034 COURTESY NOTICE MONTCLAIR PARK 1108 W. PIONEER PKWY ARLINGTON, TX 76013 COURTESY NOTICE MCCURRY, THOMAS 5110 OLD OAK LN COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, August 26, 2016 by Araceli Botello ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.82 ACRES, LOT 1R, BLOCK 1, OF THE O. MARTIN SUBDIVISION, LOCATED AT 5601 MONTCLAIR DRIVE, FROM THE AG R-40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R-30- SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC16-017; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Ordinance O-16-XXXX Page 2 of 4 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 0.82 acres Lot 1R, Block 1 of the O. Marin Subdivision, located at 5601 Montclair Drive from the R-40-Single Family Residential zoning district to the R-30-Single Family Residential zoning district, as depicted in the attached Exhibit “A” and Exhibit “B”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-16-XXXX Page 3 of 4 Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of October 2016. The second reading and public hearing being conducted on the 18th day of October 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 18TH DAY OF OCTOBER 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A”- Zoning Map Exhibit “B”- Metes & Bounds Description Shane Pace From: Andrew Macaulay Sent: friday, September 9, 2016 11:20 AM To: Shane Pace Cc: Subject: Support for zoning case number ZC16-017 Mr. Pace, My wife and I live at 5509 Montclair Dr in Colleyville. We are within 200 feet of the property 5601 Montclair Dr, which is the subject of rezoning request case number ZC16-017. We are unable to attend the P&Z meeting on Monday so I'm writing to record our full support for the zoning change to R-30. Regards, Andrew Macaulay mobile: 303.748.9971 BURTON and GINGER PAT- TERSON 5600 Montclair Dr.. Colleyville. Texas 76034-5029 (817) house 481-7447 burton's line 283-1808 September 9, 2016 Mr. Shane Pace, Principal Planner City of Colleyviile 100 Main Street Colleyville, TX 76034 Re: Rezoning of 5601 Montclair Drive Lot 1R, Block 1, 0. Martin Subdivision Dear Sir. We live directly across the street from the subject property. We have reviewed the drawings of the proposed home to be built on the lot and are excited about the prospect of having such a lovely home directly across from us. We are entirely in favor of the requested zoning change. We have watched the character of Montclair Drive change from relatively small urban homes to large impressive edifices. The home which is scheduled to be built, assuming the zoning change is approved, is totally in keeping with the new character of Montclair Drive, i.e. we applaud the replacement of a forty—five year old house with a modern home in keeping with the values of homes along Montclair. Consequently we urge the Planning and Zoning Commission to approve the requested rezoning which will permit the erection of a home which will improve our neigh- borhood. Sincerely, Shane Pace From: Ruby Antonetti Sent: Sunday, September 11, 2016 11:34 AM To: Shane Pace Subject: Case #ZC16-017 My name is Ruby Antonetti Address : 2300 Mulberry Ct. Colleyville,TX 76034 We support Zoning case # ZC16-017 Thank you Alfred and Ruby Antonetti Sent from my iPhone Date: - I- e } SPEAKER CARD I will speak In Support of this item. I will speak In opposition to this item. I do not wish to -speak, but please record my: ❑support ❑opposition Agenda Item Number: Name: �, N Address: I Z - G-7P�_0NJE- Oki Le-, �J� City' J State_ Zip Code: Telephone Number: p t Representing: (organ izati N eiq I understand l am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with th exas Open Meetings Law, Chapter 551 of the Texas Local ernment Code. Signed• ,\ ' This information is a Public Record-.- Date: SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. . I do not wish to -speak, but please record my: 2!�upport ❑opposition Agenda Item Number: Name: Addres City: - State: Zip Code: Telephone Numbed/- -1 i/"2--L�- 2 -Representing: Y- (organizationlselfl I understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local G�pvemment Code. Signed: �-- / F -- — ThisIfiformation is a Public Record. Date: SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. �.--_Ido not wish to speaks but please record my:support ❑opposition Agenda Item Number: 2, Name: Addres City: r State: Esc Zip Code: Telephone Number: Representing: _el L� _ (organization/self I understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local �ov�i°nra�ent Code. Signed: This 106tination is a Public Record. September 4, 2016 To the City of Colleyville Planning and Zoning Commission: I recently received communication from the city involving an amendment to the Carmel Place Estates — zoning case number ZC16-015. Unfortunately, my wife and I will be out of town for the September 12th Planning and Zoning Meeting. From your communication, it appears that Russell Slovak is asking for an amendment to the planned development we were told about 2 years ago. We have been very disappointed in the pace of this work that has gone on for 18 months. We have gone from an attractive wooded area to months of excavation with ineffective erosion control measures that allowed very significant amounts of silt from freshly excavated ground to pour into our recently dredged pond. A settlement that we agreed to involved the demolition of the retaining wall at 1216 Chatsworth and an improvement of the dam between the two ponds. After a summer of promises, we have yet to see any work done. Now, we are asked to approve an amendment which seems to involve a rearrangement of lots and the addition of more lots to Carmel Place Estates. Our concern is that the ground level of the two newly divided lots backing up to 1300 and 1304 Chatsworth is remarkably higher than the Lakes of Somerset homes. When this property was designed for one home we felt there was enough room for the home placement not to invade our privacy. Now with 4808 forced into a more limited space on such high ground, even a one story house will be peering into our yards and back windows. If the P & Z Commission approves this new plan, we ask that Carmel Place Estates be compelled to protect our privacy by building a 10' privacy fence and plant even taller trees to provide a visual barrier between the properties. Thank you for protecting the current property owners by reviewing the plans of developers. We look forward to the development of quality homes and attractive landscaping of Carmel Place Estates and welcoming them to Colleyville. Ki(�ndp1'� Reg�ards,, � Dave and Jan Emler 817-944-6960 1300 Chatsworth Court E RECEIVED t.P J'j r06 Shane Pace To: Russell Slovak Subject: RE: September 12, 2016 - Planning and Zoning Commission Meeting From: Russell Slovak [mailto: ] Sent: Friday, September 9, 201612:22 PM To: Shane Pace <space@col leyviIle.com> Cc: Rome Barnes < > Subject: RE: September 12, 2016 - Planning and Zoning Commission Meeting Shane, Please accept our request to table the zoning case on Carmel Place which is currently on the agenda for Monday night's Planning and Zoning Commission meeting. Due to specific requests by the individual who plans to purchase the lots from us, we need to make a change to the siteplan we submitted previously. Thank you for your consideration. Feel free to contact me with any questions you may have Russell Slovak Vice President Engineering i Centurion American Development Group 1800 Valley View Lane, Suite 300 Farmers Branch, TX 75234 (817) 368-3330 (cell)