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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-6/11/2007"~`" Cit of Colle V~~~e 100 Main Street Y Y Colleyville, Texas 76034 ~ (817) 503-1000 Meeting Agenda wwvv.colleyville.com 'Rxas Planning and Zoning Commission Monday, June 11, 2007 7:00 PM City Council Chambers 6:15 P.M. -PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE DISCUSSION OF PREVIOUS MEETING MINUTES REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER 2. ROLL CALL Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Duffy 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES May 29, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition located at 3717 Brentwood Court, Case Z-07-017 City of Colleyville Page 1 Printed on 6/8/2007 Planning and Zoning Commission Meeting Agenda June 11, 2007 8b Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.57 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 8c Approval of a Zoning Change from CN-Neighborhood Commercial to CC2-Shopping Center on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-019 8d Approval of a request for a Special Use Permit for alcohol sales on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-020 8e Approval of a request for a zoning change from R20-Single Family Residential to R40-Single Family Residential on 1.8 acres out of the O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, June 7, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 6/8/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com c;>> t ~ ~~. ~~ °r~ :~<~ Minutes -Draft Tuesday, May 29, 2007 7:00 PM City Council Chambers Planning and Zoning Commission f ti~ .., 100 Main Street ~I~ ='y ~ City ~f C~~~eyV~~~e Coll (8 7) 03X1000034 ~- Minutes -Draft www.colleyville.com ~~:; Planning and Zoning Commission Tuesday, May 29, 2007 7:00 PM City Council Chambers 6:15 P.M. -PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 29, 2007 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Mary Taylor, David Phelps and Jeff Byerly Absent: Commissioners Scott Redfearn and Denis Duffy Staff Present: Chris Fuller, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Taylor. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the May 14, 2007 meeting minutes with corrections to mispelling on page 7, "esthetics" to "aesthetics". Commissioner Taylor seconded. City of Colleyville Page 1 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Draft May 29, 2007 The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Taylor, Phelps, Byerly Absent: 2 - Redfearn, Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a Replat of Lots B-1 and B-2 of the McEwing Subdivision being Tract B of the McEwing Subdivision located at 715 Lavaca Trail, Case P-07-025 Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:08 p.m. Karen Goetting, the applicant, came forward to present the case and brief the Commissioners. Commissioner Taylor questioned Mrs. Goetting regarding if another house will be built on Lot B1? Mrs. Goetting replied yes, they want to build their house there. She stated her brother lives on Lot 62. Commissioner Taylor questioned Mrs. Goetting if she has spoken with Mr. Pratt, Lot A, regarding the use of the easement or the possible building of a road? Ms. Goetting replied no. Commissioner Taylor stated the Fire Department will require a larger road, Mrs. Goetting stated she talked with the Fire Department and there is a fire hydrant at the corner of where Lot B2 begins. She stated there have been fire trucks down in the past and has successfully put out fires. Commissioner Taylor questioned Fire Marshal Rob McKeown regarding if there are three houses in the back, what size road is needed to get back there? Marshal McKeown replied there will be additional requirements if approved and the 24 foot access easement will have to be extended back to the new house. He stated the house may have other requirements and those will be determined at the time of building permits. He stated access means everything to the fire department. A city approved turn around is necessary in this case. Commissioner Phelps questioned Marshal McKeown regarding the distance between Lavaca Trail and the new lot, is there a need for another fire hydrant? Marshal McKeown replied if the distance between the existing fire hydrant and the new structure exceeds 500 feet, then another fire hydrant will be required and it will have to be on a loop system. Mrs. Goetting replied there is a fire hydrant at the entrance of City of Colleyville Page 2 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Draft May 29, 2007 Lot B2. Commissioner Phelps questioned Mrs. Goetting regarding where would the new house be situated on the lot? Mrs. Goetting replied facing the new house to the pond, along the fence line, south of the existing house and west of the pond. Mrs. Goetting stated not wanting to put the Fire Department in jeopardy, as they have watched their own home burn. She stated their building permit would be in compliance with the fire code. Commissioner Dudziak questioned Mrs. Goetting regarding what does the common driveway consist of as far as construction materials? Mrs. Goetting replied mostly gravel, but about three years ago, Mr. Pratt installed asphalt that goes into his circular driveway, which has not held up very well. She stated she and her husband want to install some sort of asphalt, not gravel that can withstand the weather elements. Commissioner Knox questioned Mrs. Goetting regarding if the easement has been secured from the other property owner? Mrs. Goetting replied the other property owner is her brother and it has been written down in draft form but are waiting on this plat to go through. Commissioner Phelps questioned Mrs. Goetting if the current easement is secured from Mr. Pratt? Mrs. Goetting replied those documents are filed with Tarrant County and are secured from Lot A to Lot B and filed in 1966. Commissioner Dudziak questioned Mrs. Goetting if there are any limitations on the easement? Mrs. Goetting replied there are no limitations on that. Commissioner Dudziak stated there could be two or three houses back there is permitted by the Commission and it is one with the easement? Mrs. Goetting replied the easement from 1966 goes from tract A to tract B, so the easement that is needed to attacht to this plat, goes from B1 to B2. Commissioner Dudziak stated as the. easement exists now, are there any limitations on that easement as far as cars or people using it? Mrs. Goetting replied she did not think so, but did not know for sure. She stated there is not any language in the easement that restricts it. Commissioner Dudziak questioned Mrs. Goetting regarding why has she not spoken with Mr. Pratt? Mrs. Goetting replied not having seen a need to involve him in anything. Commissioner Phelps questioned Mrs. Goetting regarding the improvements to the road, is that just the section on Lot B1 and B2, or the entire length to Lavaca Trail? Mrs. Goetting replied they would then City of Colleyville Page 3 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Draft May 29, 2007 discuss it with her brother and Mr. Pratt to see if they would be willing to share in the expense of the improvements. She stated that would be an expensive project and since Mr. Pratt has already made some improvements to his portion of the road, she did not think he would be willing to do so, or maybe he would, she did not know. Commissioner Phelps stated the .road seems to be the issue with whether or not this plat will be approved. There being no one wishing to speak, the public hearing was closed. at 7:19 p.m. Commissioner Dudziak questioned Marshal McKeown regarding what are the specifications for the minimum standards that the fire engines have to have to access this? Marshal McKeown replied the fire lane requirements are in the Land Development Code. It states seven inches of asphalt for a modified subgrade capable of supporting up to 65,000 pounds, or it can be built out of concrete and the Land Development Code states certain specifics, such as the size of rebar, spacing capable of supporting up to 65,000 pounds as well. Commissioner Dudziak questioned Marshal McKeown regarding if there is a potential risk that if this road is not substantial enough to be able to support the vehicles? Marshal McKeown replied yes, that would be correct. Commissioner Taylor made a motion to ask the applicant that want to build on this property, if they would want to put this on hold and go back and see what they can get done with the road coming in and work with Mr. Pratt in bringing in the road before the Commission disapproves of this plat. City Attorney Michael Kailas replied there are some time considerations. It would take an affirmative grant of a deferral period to waive the 30 day requirement from the owner in order for them to have the Commission the power to do that. Otherwise, a vote either to approve or deny should happen today or else it would be approved by the 30 day requirement. Commissioner Byerly questioned staff if this plat is denied, can the applicant bring forth another plat? Chris Fuller replied correct. Commissioeer Phelps questioned staff regarding if the applicant will have to wait another year? Chris Fuller replied no, they could begin the process anew. Commissioner Byerly moved to deny case P-07-025. Commissioner Knox seconded. Commissioner Byerly stated there being an issue with a flag lot of a flag lot of over an easement which has not been presented before. He City of Colleyville Page 4 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Draft May 29, 2007 stated to the applicant to come back with enough right of way to build an actual road back there to serivice those two lots. Commissioner Phelps questioned Mrs. Goetting regarding, after having heard the types of requirements from the fire code, is that the type of investments you are willing to approach? Mrs. Goetting questioned the Commission if they wish for them to put in a road deemed to be public? Commissioner Byerly stated it would have to be a public road. Mrs. Goetting questioned why? Commissioenr Byerly replied the Land Development Code requires every lot to have public street frontage and this would be the only way to have the frontage. He stated not being willing to extend the easement back there to a second lot. He stated easements laws are to be determined by private property rights and the Commission is not here to determine that. He stated the only way to ensure access would be to have a public street. Mrs. Goetting replied that being a little much to ask of them. She stated that would entitle Mr. Pratt to subdivide his property into five, one acre lots, or 10 half acre lots and she stated she did not want him to do that. City Attorney Kallas replied the public hearing has been closed and there is a motion pending a vote by the Commission. Commissioner Phelps stated wanting to have a road in place that would hold the needs for the load, whether public or private, it will need to conform to the fire code. Commissioner Taylor stated there being a need for a substantial road to go back to the back house. Commissioner Knox stated the road is an issue as well as the fire hydrant. He stated the fire hydrant needs to be on a loop system and the Fire Marshal does not know how it is connected. He stated if there is going to be more development back there, the fire line needs to be sufficient to support the load as well as the road. Commissioner Phelps concurred and stated all would need to be in compliance, safe, and accessable. Commissioner Dudziak questioned staff regarding if there are more situations like this in Colleyville? Chris Fuller replied there are existing residential lots that have access from easements without frontage on public roads, however, does the request mirror the one before the Commission this evening, he stated not knowing. Commissioner Dudziak stated while there is a need for substantial roads, all of the codes and ordinances are in place with the city so that the fire trucks can get down the road and are well defined in the city code, yet, City of Colleyville Page 5 Printed on 5/30/2007 Planning and Zoning Commission Minutes -Draft May 29, 2007 while very expensive, those guidelines still need to be followed when building roads. Commissioner Phelps questioned staff if by complying with the code, does it dictate the need for it to be a public road, can it be a private road that conforms to the code? Chris Fuller replied if the development is fewer than 25 lots, the property would need to be rezoned to a Planned Unit Development Residential. If they subdivide into 25 lots, they can build a private road upon approval by City Council. Commissioner Byerly questioned staff regarding if there would be a potential to go to the developers in the area and have them have connectivity? Chris Fuller replied the development to the south has already been platted and filed with the County with no roads to connect to this development. The development to the west has not filed with the County, therefore the developer for that project could be contacted for a possible connection. Commissioner Taylor stated upon the possible building of the new road, Mr. Pratt may decide to subdivide. The motion to deny carried by the following vote: Aye: 5 -Knox, Dudziak, Taylor, Phelps, Byerly Absent: 2 - Redfearn, Duffy 7b Approval of a Zoning Change from R40-Single Family Residential to R30-Single Family Residential on 1.5 acres on Lot 1, Block 1 of the Harden Addition located at 4916 Behrens Road, Case Z-07-016 The applicant submitted a letter to withdraw this zoning request, therefore this item was not opened for discussion. 8. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 9. COMMISSIONERS' COMMENTS AND REPORTS None 10. ADJOURNMENT The meeting adjourned at 7:32 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 24, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 6 Printed on 5/30/2007 ;%; ",`"' -::. ~. r<~:. City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 06/11/2007 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition located at 3717 Brentwood Court, Case Z-07-017 Attachments: Location and Zoning Map Notification List Development Analysis Exhibits Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 06/11/2007 Planning and Zoning Commission Title Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition located at 3717 Brentwood Court, Case Z-07-017 Explanation Request. Special Use Permit (SUP) for a carport Proposed Use. Mr. Anthony Thornton, the property owner and applicant, has submitted a request for a Special Use Permit to construct a detached carport on the property. The carport complies with the development regulations stated within the Land Development Code. Existing Conditions. The property is zoned R15-Single Family Residential and currently used for single family residential uses. The property contains an existing house and pool. Location. This is a 0.53-acre parcel of property located at 3717 Brentwood Court. Platting. The property is platted as Lot 8, Block 5 of the Woodbriar Estates West Addition. Adjacent Zoning and Development. The surrounding properties consist of single family residential zoning designations. The properties on all sides are zoned R15 and are developed as single family residences. City of Colleyville Page 1 Printed on 6/8/2007 Agenda Briefing Continued Development Analysis. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a Special Use Permit. A comparison of the regulations and the proposed carport is attached. The proposed carport complies with the development regulations within the Land Development Code. Public Notification. Staff mailed notices to 16 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no letters regarding this request. Summary. Since the Special Use Permit for this particular use has little impact on land use decisions or requirements, but may be important to those living nearby, staff believes the opinions of the area property owners should be the most important factor in the decision to grant the Special Use Permit or not. Since the request is a Special Use Permit, the City Council may establish conditions different than, or in addition to, the normal requirements of the Land Development Code. Recommendation Approval City of Colleyville Page 2 Printed on 6/8/2007 Location and Zoning Map Notification List OWNER_NAME Quisenberry, Elaine R Chopyak, Robert A Colleyville, City Of Moore, Charles L Etux Margo E Hutson, Robert L Etux Angela M Lederle, Raymond Etux Valerie Minotis, Angelo Etux Kimberly Mayfield, David L Etux Jimmie Montgomery, Alan Etux Karen Blaney, Thomas J Etux Sybil A Balandran, Margaret Thornton, Anthony, Applicant Kotlik, Stanislaw Etvir Hanna Hardin, Lee Etux Lana Foreman Enterprises, Llc Woodbriar Estates HOA OWNER_ADDR OWNER_C OV1~ OWNEF SITUS_ADDR 3714 Woodcrest Dr Colleyville TX 76034 003714 Woodcrest Dr 3718 Woodcrest Dr Colleyville TX 76034 003718 Woodcrest Dr 100 Main St Colleyville TX 76034 000000 W Greenbriar Ln 3704 Brentwood Ct Colleyville TX 76034 003704 Brentwood Ct 3705 Brentwood Ct Colleyville TX 76034 003705 Brentwood Ct 3708 Brentwood Ct Colleyville TX 76034 003708 Brentwood Ct 3708 Woodcrest Dr Colleyville TX 76034 003708 Woodcrest Dr 3709 Brentwood Ct Colleyville TX 76034 003709 Brentwood Ct 3712 Brentwood Ct Colleyville TX 76034 003712 Brentwood Ct 3713 Brentwood Ct Colleyville TX 76034 003713 Brentwood Ct 3716 Brentwood Ct Colleyville TX 76034 003716 Brentwood Ct 3717 Brentwood Ct Colleyville TX 76034 003717 Brentwood Ct 3722 Woodcrest Dr Colleyville TX 76034 003722 Woodcrest Dr 3726 Woodcrest Dr Colleyville TX 76034 003726 Woodcrest Dr PO Box 308 Colleyville TX 76034 003801 Colleyville Blvd 412 Woodbriar Court Colleyville TX 76034 President Development Analysis. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a Special Use Permit. A comparison of the regulations and the proposed carport is shown below. CARPORT ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1. Maximum Size 480 square feet 400 square feet 2. Longest Dimension Allowed 24 feet 23 feet 3. Maximum Height 15 ft. to highest point of roof 15 feet 4. Side Setback 10 feet 15 feet 5. Rear Setback 5 feet 28 feet 6. Maximum Number per Lot 1 1 7. Paved Parking Surface Concrete, asphalt or pavestone Concrete 8. Roof Pitch 2:12 minimum In Compliance 9. Construction of Posts brick, stone or decorative metal between 12" and 48" in width In Compliance Steve Hudson Exhibits 1045 N. Elm St Muenster, TX 76252 May 09, 2007 The following is a preliminary description of materials for the proposed carport at 3717 Brentwood Ct. Floor -existing concrete driveway Girder/Posts -Posts shall be placed no less than 48" below grade and holes shall be filled with concrete. Post material is proposed to be 6 x 6 wood with brick surround on lower 36" to 48" (see front elevation) Girders are to be 2 x 12 #2 yellow pine Trusses -Engineered trusses with pitch and overhang to match existing residence Ceiling and Overhang - 4x8 wood textured smart panel and 1 x trim with paint to match existing residence Roof Sheathing - 7/16" OSB Roofing material - 15# felt and Decrabond shake shingles to match existing residence .. 1/3'IJL I-le. ~ ~ i YLTN. eorc IOSf j .9` a~~ ~ ~ ~ rou~rwe ~Qo-j,~t~~b. ` ~ ~,~ Vru. ewe. / ~ 4r' ,~~ ~ ' G cool ~~;Svv i .~'~e: ~...•S . I _e~~ Y~~l. 11LT. YNl \ ~ % ~\ ' ~ \ \ / / ~ • c.rt~ J ~ ~ , ra ~ S'.~' < Q I i ~a:y` ~ ~ f'Oie . C / ~ ~Y~ T;y true' r I . ~.~ i~ n• ''~' LOT 8 / ~ I . ~ ~ j.~~~ ~~ ~ ~ ~r. ~s \ ~ ~' `~.. t ! , QIIt01110 1~[ A{ eHOMII. ~ S ' ~,ti 58~ ~. [. woer, r~o- urn I _' ,, \ ~. ~~ 3717 : ~ BRENTWOOD COURT "'' '-°'4"°= Proposed Carporf for Sfeve Thornfon 3717 Brenfwood Courf Cohxms are 6 x 6 G wi{h brick as shown 18'-6" - -I Floor Plan 2e'-e° ie~-a° I- ie~-a~ r~ Roof Elevation 23'-B" m ~., ORDINANCE 0-07-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT ON LOT 8, BLOCK 5, WOODBRIAR ESTATES WEST ADDITION; 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 a Special Use Permit under Case No. Z-07-017; 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 and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Cotleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-07-XXXX Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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 a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition, as depicted on the Zoning and Location Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and as shown on the Elevation Plan Exhibit "C". Sec. 3. THAT the above described tract of land shown on Exhibit "B" 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 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. Ordinance 0-07-XXXX Page 3 of 3 The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Zoning and Location Map -Exhibit "A" Site Plan -Exhibit "B" ....~... .. r_,-~____._ ........... ... ...._~ ......._....._~.._.__.._._.._.._._._..___-.._..._. ~~~ ~ `~ 1 f I f ~r a~ . I : `I ~ j ~ } ~~ [ i ~ :~, ~ ~a f I~ a~~-~~ ~~° ie~~ Floor Plan ~ N Building Elevation Drawing -Exhibit "C" ,~ "--;~~~, 100 Main Street ~ City ~f C o ~ ~ eyvi ~ ~ e Coll X817) 03X1000 034 T~~~ti /4genda BCI@fll'lg www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Planning and Zoning Commission Agenda Date: 06/11/2007 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.57 acres out of the R.N. McEwing Survey located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-01 Attachments: Location and Zoning Map Notification List Development Review Committee Memo Applicant's Response Statement of Planning Objectives Exhibits Small Lot Subdivisions Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 06/11/2007 Planning and Zoning Commission Title Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.57 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 Explanation John Fegan has submitted a request to change the zoning of 20.5 acres, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail. The applicant is requesting to rezone the property from CC2-Shopping Center and R40-Single Family Residential zoning districts to PUDR-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 65 single family residential lots. Existing Conditions. The property is currently undeveloped. A portion of the property is platted as Lots 1 and 2, Block 1 of the Reed Addition. The remainder of the property is not platted. In order to subdivide the property as proposed by the developer, approval of preliminary and final plats will be required at a later date, upon approval of the rezoning request. There is an existing telecommunications tower located near the southeast portion of the property; however, the tower is not located on the subject property. A condition has been added to the proposed PUDR ordinance ensuring that an all weather paved surface access City of Colleyville Page 7 Printed on 6/8/2007 Agenda Briefing Continued will be provided to the existing telecommunications tower Master Plan. The Future Land Use Plan designates the subject property for future office and residential uses. Approximately 10 acres of land is designated for office uses. The portion designated for office uses is located along the western portion of the property and was intended to abut the previously un-named north-south collector roadway that would have extended between L. D. Lockett Road and McDonwell School Road. The un-named north-south collector roadway was removed from the Master Thoroughfare Plan at the April 19, 2005 Council meeting. The remaining approximately 10 acres is designated for single family residential uses and is primarily located along the eastern portion of the property. This rezoning request is consistent with the residential land use designation but does not comply with the office use designation. The applicant asserts that the infill nature of the property and its location between an existing school and residential neighborhood justify amending the future land use designation from office uses to residential uses. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The 1998 and 2004 Colleyville Master Plans both stated that densities higher that 1.8 units per acre would be acceptable in areas deemed consistent with sound land use planning principles, such as a smaller parcels that make less dense development economically difficult. The proposed development of 65 residential units on this 19.8 acre property will produce a density of 3.2 dwelling units per acre. The proposed residential density is comparable to other approved small lot PUDR developments within the city. The Riverwalk at Colleyville development contains 53 dwelling units on 20 acres fora residential density of 3.2 dwelling units per acre. The Emerald Park development contains 72 dwelling units on 20 acres for a residential density of 3.5 dwelling units per acre. The Rosewood Villas development contains 53 dwelling units on 14.7 acres for a residential density of 3.6 dwelling units per acre. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet and lot depth of 120 feet. The developer has provided information for inclusion in the PUDR ordinance regarding lot sizes, lot widths and lot depths. The minimum lot size being proposed is 6,805 square feet. The minimum lot width proposed is 59 feet with a minimum lot depth of 115 feet. Three lots will have frontage onto Lavaca Trail. The minimum lot size being proposed is 21,788 square feet. The minimum lot width proposed is approximately 100 feet with a minimum lot depth of approximately 200 feet. The lots along Lavaca Trail meet the lot development standards of the PUDR zoning district. Open Space. The PUDR regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The proposed site plan for the development shows 17 percent of the total development as open space. Seventeen percent landscaping does not comply with the 20 percent open space requirement. The proposed development contains 35 foot wide greenbelt areas that serve as buffers to McDonwell School Road, the existing school and the existing residential neighborhood to the east (Rosewood Villas). The greenbelt open space areas include retention ponds to handle the drainage from this development and a walking trail that City of Colleyville Page 2 Printed on 6/8/2007 Agenda Briefing Continued meanders adjacent to the ponds. These features are described and shown on the PUDR site plan (see attached copy). All of the open spaces will be landscaped and maintained by the homeowner's association. The PUDR regulations require open space areas adjacent to street rights-of-ways to be landscaped with one-three inch caliper tree per each 50 feet of street frontage. This development has 718 linear feet of frontage on McDonwell School Road, which will require the planting of 14 trees. This requirement has been added to the proposed PUDR ordinance for this development. Retention Ponds. The current PUDR regulations limit the amount of open space area that can be used for retention or detention ponds to a maximum of 25 percent of the open space. The applicant's proposal utilizes 15 percent of the open space area. The PUDR regulations require a retention pond to include at least one aeration device, such as a fountain, water fall, etc. This requirement has been added to the proposed PUDR ordinance for this development. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. No additional public trail is required, since a 10 foot wide trail currently exists across the frontage of this development on McDonwell School Road. The developer is constructing a 5 foot wide internal pathway network within the open space areas as amenities for the development. The internal pathway network will be constructed with crushed granite. The developer has indicated that the HOA will maintain the sidewalks and pathways within this development. Site Plan. The developer has provided a site plan, which will be incorporated into the PUDR ordinance for the subject property. A copy of the proposed site plan is attached to this agenda briefing. Fences, Walls and Screening. The developer proposes to construct an eight foot tall masonry screening wall along McDonwell School Road that will connect to the existing screening wall located on the adjacent Rosewood Villas subdivision. The masonry screening wall will be similar in design to the Rosewood Villas Addition screening wall. The developer also proposes to construct an eight foot tall masonry screening wall along the southeast and southwest portions of this development. Alive landscape screen will be planted along the western boundary line of this development adjacent to the Keller ISD Liberty Elementary School property that will achieve six feet in height within three years of planting. The fencing and wall improvements will be constructed as part of the public improvements to this development, and prior to the issuance of any building permits for new homes. The fencing and screening proposals have been included in the attached proposed ordinance. Gated/Private Street Development. The developer has indicated that the proposed development will be a gated/private street subdivision with the primary entrance to the development located on the east side of the development along McDonwell School Road. At time of platting, the developer is required by Chapter 10 of the Land Development Code to submit the necessary Homeowner's Association (HOA) documents for review by the City. The HOA documents must indicate that the streets and drainage systems within the City of Colleyville Page 3 Printed on 6/8/2007 Agenda Briefing Continued development are private, owned and maintained by the HOA, and that the City has no obligation to maintain the private streets and drainage systems. All HOA documents will be reviewed and approved by the City Attorney to ensure conformity to applicable City policies prior to the plat being filed with the County Clerk's office. The plat document will designate the private road as a lot and a note will be provided on the plat stating the HOA is responsible for construction and maintenance of the private road. The developer has acknowledged these requirements and has indicated that the documents will be submitted to the City at time of platting. The annual reserve fund contribution as presently required by the Land Development Code shall be a minimum of $75.00 per tot or otherwise determined by City Council. The Engineering Department has estimated that the annual reserve amount necessary, in this case, to sufficiently fund the long term maintenance and reconstruction obligation is approximately $275.00 per lot. The reserve fund contribution amount is determined by calculating the costs of infrastructure improvements distributed among the number of lots in the subdivision with regard to the expected service life of the infrastructure facilities. Infrastructure facilities include streets and drainage facilities. Expected service life includes a dollar amount for the yearly maintenance and eventual replacement of these facilities. The annual reserve amount will vary among neighborhoods as the number of lots, length of roadway and infrastructure service life may differ. Additionally, these estimates are figured using current replacement costs and do not include any inflationary rates. Access. The development will have primary access on the east side of the development from McDonwell School Road. A secondary, exit only access, located further to the west from the main entrance, will be provided for residents. All gates will be fitted with a Fire Department approved Opticom system. Monument Sign. The applicant proposes to construct a "Welcome to Colleyville" monument sign at the northwest corner of the development. The sign will be constructed by the developer and maintained by the homeowner's association. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUDR ordinance for the subject property. A copy of the Statement of Planning Objectives is attached to this agenda briefing. The Statement of Planning Objectives describes the nature of the proposed development, includes a development schedule, a statement of utilities provided, economic development information and a traffic impact statement. Surrounding Development Trends. The surrounding properties are single family residential, commercial and institutional uses. The properties to the north are zoned AG and R20 and are developed as single family residences (Clairmont Addition). Properties to the south are zoned R40 and are largely undeveloped. Property to the east is zoned PUDR and developed as single family residences (Rosewood Villas Addition). The property to the west is zoned CC2 and developed as the Keller ISD Liberty Elementary School. City of Colleyville Page 4 Printed on 6/8/2007 Agenda Briefing Continued Development Trends. The development trends in this area have consisted of residential and institutional uses. Tree Preservation. A tree survey of the property will be required after final plat approval, at the time of submittal for a clearing and grading permit. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage and Stormwater Runoff. The developer has submitted a drainage analysis of the site, which has been reviewed by the Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site retention. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting process. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 65 lot development would add approximately 622 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 43 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no letters in opposition to the rezoning request. Summary. The proposed zoning change is not totally consistent with the Future Land Use Plan, which designates the western portion of the subject property for office uses. The recommendation for approval is based upon what staff feels is an appropriate land use for the site as this is an infill property located between an institutional use and an existing higher density development. While the proposed development exceeds the residential density of 1.8 dwelling units per acre, staff feels the location of the development is appropriate for this type of higher density residential development. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 5 Printed on 6/8/2007 Location and Zoning Map 1000 90D 6605 fifi04 r Z m 6605 90.4 6603 6602 s6o1 ssao ssar c:+^ I I ~I K-LV ~ ~^~ 6760 R-20 ~~,% 650- __ - - -~ V-'b~~ 650 01 6 21 6512 X613 609 605 601 6414 17 y ~ 1 13 6508 ~ 0 ~rpq i 61 61 606 602 ~ 6500 0 PUD-R ---- .re~1 -- _.. saLo __ ---- 508 6u 1 512 21 F~ 0 ~~516 ~ %, 6510 517 f~ 1 13 `~ 61 E 612 608 604 600 ~~~ `511 651 09 651 E, _- ~ ~V`. U/125~~ ,~ ~ ~ ~` 701~~ 67G 615 611 ~7 603 7~9 PUD-R , /~ "7~~ r ";, /509 505 J fr 501 ~'~~ R-20 R~0 R-20 5~s 502 406 900 810 712 712 \ 1100 511 _507 50 all IAVACA '6a 5~]0 !~ 6118 ~~ ~~~r~ ~-- r 6114` ~,~ r i PUD-R' R~30 ' R-20 R-~1C' I 6110... 6111 1 711. 6107 ~ 6106 1 500 ~ 61 ]¢~ 1101 1013 ~ 1009 909 9Q1' 813 809 605 r,04 r'~~~''- i xit` D 609 605 g01 813 809 605 601 ~ 3 709 705 701 613 Notification List OWNER_NAME 1St State Bank Of Gainesville 1St State Bank Of Gainesville 1St State Bank Of Gainesville 1St State Bank Of Gainesville Adams Homes Inc Alexander, Merrie Etvir Daniel Allen, Larry M Etux Cathy L Chaffin, Michael Etux Deborah Chandler, Raman Chandler, Raman Chandler, Raman Chandler, Raman Chandler, Raman L Gary Panno Inc Gary Panno Inc Gary Panno Inc Glasgow, William Etux Karen Gonzalez, Dolores J Gtp Acquisition Partners II Hbank Texas Ici Development Llc Invitation Park III Lp Ishak, Ashraf Z Etux Irene N Johnson, Terry Etux Eva L Keller ISD Ldds Communications Inc Luke, Frank Etux Sue Martin, Bonnie Stevens McCarley, James Etux Michelle McIntosh, Doyle & Mary Fam Lp Mitzel, Alan J Etux Cindy A Rcp Cedar Creek Park Ltd Riverchase Construction Lp Rogers, Patricia A Ruggere, Judy Schlieman, Albert & Norma Westgate Villas Ltd Westgate Villas Ltd Westgate Villas Ltd Williams, Wesley Etux Carolyna Wilmont, Clyde Etux Carol Zimmerman, Jeffrey K Fegan, John, applicant OWNER_ADDR OWNER_CITY PO Box 10 Gainesville PO Box 10 Gainesville PO Box 10 Gainesville PO Box 10 Gainesville PO Box 202185 Arlington 905 Montreux Ave Colleyville 6420 Bordeaux Park Colleyville 6404 Bordeaux Park Colleyville PO Box 611 Colleyville PO Box 611 Colleyville PO Box 611 Colleyville PO Box 611 Colleyville 7001 Lismore Ct Colleyville PO Box 715 Colleyville PO Box 715 Colleyville PO Box 715 Colleyville 6400 Bordeaux Park Colleyville 6408 Bordeaux Park Colleyville 1801 Clint Moore Rd Ste Boca Raton 901 Montreux Ave Colleyville 4101 Gateway Dr Ste A Colleyville 215 W College St Grapevine TX 104 W Ld Lockett Rd Colleyville 6600 Herbert St Colleyville 100 Main St Fort Worth 500 Clinton Center Dr Clinton 809 Montreux Ave Colleyville 1101 W Lavaca Trl Colleyville PO Box 2798 Grapevine 8333 Thornhill Dr North Richland I 813 Montreux Ave Colleyville 32 Village Ln Ste 200 Colleyville 308 Calais Dr Keller 725 Arcady Ln Colleyville 1013 W Lavaca Trl Colleyville 6605 Herbert St Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Hurst PO Box 611 PO Box 611 PO Box 611 6602 Herbert Rd 6520 Bordeaux Park 501 Lavaca Trl P.O. Box 1604 OWNE OWNEF SITUS_ ADDR TX 76241 006516 Bordeaux Park TX 76241 006512 Bordeaux Park TX 76241 006500 Bordeaux Park TX 76241 006416 Bordeaux Park TX 76006 006412 Bordeaux Park TX 76034 000905 Montreux Ave TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 FL 33487 TX 76034 TX 76034 76051 TX 76034 TX 76034 TX 76102 MS 39056 TX 76034 TX 76034 TX 76099 TX 76180 TX 76034 TX 76034 TX 76248 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX TX TX TX 76034 76034 76034 76034 TX 76053 006420 Bordeaux Park 006404 Bordeaux Park 000000 McDonwell School Rc 000000 McDonwell School Rc 000000 McDonwell School Rc 001013 McDonwell School Rc 001016 Lavaca Tr 006508 Bordeaux Park 006504 Bordeaux Park 000721 Arcady Ln 006400 Bordeaux Park 006408 Bordeaux Park 000000 McDonwell School Rc 000901 Montreux Ave 000000 St Moritz Pkwy 001009 Lavaca Tr 001000 McDonwell School Rc 006600 Herbert Rd 001101 McDonwell School Rc 000813 McDonwell School Rc 000809 Montreux Ave 001101 Lavaca Tr 006601 Herbert Rd 000000 Lavaca Tr 000813 Montreux Ave 000000 Lavaca Tr 000904 Montreux Ave 000725 Arcady Ln 001013 Lavaca Tr 006605 Herbert Rd 000729 Arcady Ln 006518 Bordeaux Park 006418 Bordeaux Park 006602 Herbert Rd 006520 Bordeaux Park 000000 Lavaca Tr applicant *Rosewood Villas HOA not listed w/ city *Clairmont HOA address not on file w/ city CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 23, 2007 TO JOHN FEGAN FAX 817.282.1444 FROM Chris Fuller, Development Director SUBJECT Z-07-018 CC2 & R40 to PUDR The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide access to the lot (telecommunications tower) located near the southeast portion of the property. 2. A portion of this property is designated as Office Uses on the Future Land Use Plan. Provide justification for amending the Future Land Use Plan to residential uses. 3. Development requirements not specifically cited by the applicant shall be required to meet the PUD-R zoning regulations and development standards as stated within the Land Development Code. 4. The gated entryway must comply with the call box distance and entryway turn-around requirements contained in Section 10-130.L of the Land Development Code regarding restricted access entrance design standards for gated/private street developments. 5. A subdivision developed with private streets must have a mandatory HOA. The HOA documents must indicated that the streets and drainage systems with the development are private, owned and maintained by the association. The HOA must establish a reserve fund for the maintenance and reconstruction of the private streets, drainage facilities and related appurtenances. 6. The application fee for a gated development subdivision is $750.00, which shall be paid at time of Preliminary Plat submittal. 7. The proposed ordinance will specify that an HOA is required to own and maintain the open space lots and all amenities and facilities with them. 8. A preliminary and final plat will be required upon approval of the rezoning request. 9. The proposed ordinance will require Opticon emitters with sensors with knox locks and battery backups. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-018 CC2 8~ R40 To PUDR 10. Controlled access gates require a separate plan review and permit fee. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more information. 11. Additional hydrants may be needed. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more information. 12. Additional requirements may needed when building plans are submitted. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more information. 13. Streets must be constructed in accordance to City standards as 31 feet back of curb to back. Of curb. Contact Rob McKeown, Fire Marshal at 817.488.6277. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. Please note the revised impact fee schedule as adopted by City Council. The new rates will go into effect for building permits issued on or after April 1, 2007. ROADWAY $2,187 per dwelling unit for snvGLE F.v~.v tursIDENTt~, uses for new lot. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. PARKWND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. TREE PRESERVATION. Trees not located within the right-of--way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. Provide a table on the exhibit that lists the size, per caliper inches, and type of trees within the building setback areas within each lot. SIDEWALKS. The Land Development Code requires sidewallcs along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks internal PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE Z-07-018 CC2 8~ R40 To PUDR to the development must be 4 feet wide. The sidewalk along McDonwell School Road must be at least 5-feet wide and must be constructed as part of the public improvements for this property. TENTATIVE PUBLIC. HEARING SCHEDULE Planning & Zoning Commission: Monday, June 11, 2007, 7:00 p.m. City Council: Tuesday, July 10 and July 17, 2007, 7:30 p.m. Please contact me at fullerc!a7ci.colleyville.th.us or 817.503.1052 if you have any questions. PAGE 3 OF 3 o Q o Baird, Hampton & Brown, Inc. a 0 e Engineering & Surveying June 5, 2007 Mr. Chris Fuller, Development Director Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Tel 817-503-1050 RE: VILLAS OF COLLEYVILLE Z-07-018 CC2 & R40 to PUDR Mr. Fuller: We are in receipt of the Design Review Committee's May 23`" comments, and on behalf of Compass Realty and Mr. John Fegan, are writing to acknowledge receipt, and to offer the following additional information. Access to the Telecommunications Tower at the southeast corner of the property will be provided through the proposed roadway. The existing ingress/egress easement will be re-aligned and clearly shown on the Plat. With the improved/paved access, it is anticipated that the telecommunications company will be amenable to this re-alignment. We understand that the Future Land Use Plan designates a portion of this property for Office Use. However, construction of the school changed the marketability of this property. We believe this proposed residential development, between the school and the adjacent Rosewood Estates, is an ideal use of this property. Finally, we acknowledge the informational items, impact fees, and other requirements stipulated in the DRC, May 23nd Comments. Sincerely, BHB Engineering 8 Surveying Konstantine Bakintas, P.E. Vice President Enclosure: Color Exhibit of Subdivision & Entry Sign CC: Mr. John Fegan -Compass e:\2007.000.000\2007.711.000\docs\response to dre comments 06-05-07.doc 920 South Main Street, Old Main Place Suite 190, Grapevine, Texas 76051, www.bhbinc.com Main: 817-338-1277, Office: 817-251-8550, Fax: 817-251-8810, Email: civil@bhbinc.com E:\2007.000.000\2007.711.000\DOCS\Response to DRC Comments 06-05-07.doc o Q io Baird, Hampton ~ Brown, Inc, a 0 I~ Engineering 8~ Surveying Villas of Collewille Compass Realty, LP Statement of Planning Objectives A residential development would be best suited for this site. As such, the options available are Multi-Family, Residential-Duplex or PUD-R (as submitted). The present developer/buyer would prefer the proposed PUD-R zoning to allow the development of the site for a use similar to the existing Rosewood Villas (adjacent to the site) as opposed to the higher density Multi-Family or Residential-Duplex zoning. The market for this type of home is the "Empty Nesters" who presently live in Colleyville and the adjoining cities. These buyers presently live in larger houses on large lots or acreage. They wish to remain in the Colleyville area and live in a smaller home of very high quality with very little maintenance. The proposed development would consist ofsixty-five (65) custom villas similaz in style to those in Rosewood Villas. The development would be gated to provide security with private streets and private parks/greenbelts. Development Schedule The development of the property will begin immediately after final approval by the City of Colleyville. It is anticipated that this would occur in the falUwinter of 2007. The development of the property will take 6 to 8 months to complete. The construction of custom homes would begin at that time, with completed homes available in the summer of 2008. It is anticipated that the build out and sale of the sixty-five (65) homes will take approximately twenty-four (24) months to complete, placing the final build out in the summer of 2010. Statement of Utility Provisions City utilities are available to the site as follows: Sanitary sewer. An eight (8) inch sanitary sewer line was constructed across the south end of the property as an "off-site" sewer to serve the Rosewood Villas development. This line will provide sanitary sewer service for the proposed development. Water: An eight (8) inch water line extends across the KISD site to the northwest comer of the property. The eight (8) inch water line will be extended east to connect to the eight (8) inch water line at the northwest comer of Rosewood Villas. The development will be served with a "Loop" system from the eight (8) inch water line following the proposed streets within the development. Storm drainage: The parks and boulevards will provide the proper storm water detention on site with the drainage discharging at the southwest comer of the site into the drainage system being constructed by ICISD. 920 South Main Street, Old Main Place Suite 190, Grapevine, Texas 76051, www.bhbinc.com RECEIVE D Main: 817-338-1277, Office: 817-251-8550, Fax: 817-251-8810, Email: mailCa~bhbinc.com E:12007.000.00012007.711.ooolzoning Application Statements, 42-07.doc MAY 1 1 2007 Per ............. Economic Development Information Total Custom Homes 65 Average Value $360,000 Total Value (at Build-out) $23,400,000.00 Annual City Property Taxes $812,916.00 Annual City Maintenance Costs Water Distribution System Yes Sanitary Sewer Yes Storm Drainage (private) No Streets (private) No Parks & Greenbelt (Private) No Traffic Impact Analysis The development will consist of 65 homes with an average occupancy of two (2) residents per house. The average vehicle trips per day is anticipated to be less than four (4) per resident. The maximum anticipated trips per day would therefore be 520. 920 South Main Street, Ste 190, Grapevine, Texas 76051, Tel 817-251-8550, Fax 817-251-8810, mail cLDbhbinc.com DG }.t IV 0 0 ~~~ ~ ~ ~~ ~~~~ i ~~ Ij t I 43 ~ i ii ~`, .a ' :~ii ' , ~. -.r.d... 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[ a MaOaawN1 ~aho°I bM ocsiam. auwc a[cim owe E ~~ ~~ cai.rnu.,rm. rov aw Ka ~/a/mns QOD~:9::w.~.:Y.~+"'='•Yr"y- ~€ ~+ i~ _._..~%L - ~---------- ri ~ ii i '~~ i 1 ~a ~.-.---..~-.-..-.-_-_.-- ~n ~ ~ Ih~ "''' ~ ~iL_ ----------•- $+~ ~°~ ~~ ~~!~~ _~ US$• R ~211fLY O ~~ A _~' ---~ -'-'tea=- -- -- I bSE• SfNGl6 PANI ' ~ ZONED: AC LY ~ .~ I USE AM! ' r /' ~ 1~~ ~NED,' R 2O LY ~ -• "'^"'^'°"t`~+F"~ry-may-mil ~' _ ~~,= bSE;~ SIN ' 20NE~ F2O fLY i ~+ 1 ~-__ ~ 1-" - --L.-- ' r= _,~~_~ ____ "'~ f~ i ~~__ _.,~ •~i~ i~ ~- - -~ i _ i r f -~`_.._.--~ ~~ • ~~ ~. q :~ l y I ~ ~' 1 I 1~ ~ I I ~j /~, ~ ~ ~^_ ~'. i" ~,` ~~' 1 ~- ~ f i ._i.._ 1c. a,p~~~a-~----- ' B~, --- ----~ -~ io i zoo' - - - - ____ _ - -_ 1 = 2DO' CpLL~.j,V,L __._-- -----____ -.._ LE "WELCOME TO COLLEYV/LLE" S/GN V/LEAS OF COLLEYV/LLE Small Lot Subdivision Comparison Subdivision Lots Min. Min. Min. Ave. Density Acres Open Space pprova Date width Depth Size Size illas of aldwell 43 59 115 6,594 7,408 3.7 dua 11.56 18.3% 4.1.97 reek ridges at 'verwalk 32 56 106 6,001 6,479 3.0 dua 10 24% 12.21.99 'verwalk t 53 60 115 6,331 7,666 3.2 dua 20 20% 4.4.00 olle ille osewood illas 53 59 110 6,482 6,899 3.6 dua 14.76 21.4% 8.8.01 merald ark 72 60 120 7,200 7,508 3.5 dua 20.19 19.6% 10.1.02 iffany ark 25 60 100 7,200 7,580 3.5 dua 7.16 20% 10.21.03 uscany 35 60 110 6,600 7,878 3.9 dua 8.78 6.6% 2.17.04 ambridge ark 38 50 58 4,500 5,300 4.2 dua 9 22.0% 7.6.04 Copperglen 22 55 105 5,924 6,650 3.9 dua 5.6 20% 10.17.06 ORDINANCE 0-07-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 20.5 ACRES OUT OF THE R.N. MCEWING SURVEY AND LOTS 1 AND 2, BLOCK 1 OF THE REED ADDITION, FROM THE CC2-SHOPPING CENTER AND R40-SINGLE FAMILY RESIDENTIAL TO PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyvitle has received an application for a rezoning under Case No. Z-07-018; and WHEREAS, the City of Colleyvitle deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyvitle and the City of Colleyvitle City Council, in compliance with the Charter of the City of Colleyvitle, 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 Ordinance 0-07-xxxx Page 2 of 6 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 20.5 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition from the CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" and as described on Exhibit "B". 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 3.2 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 subdivision shall be generally consistent with the conceptual site plan attached as Exhibit B, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit B 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 0-07-xxxx Page 3 of 6 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the conceptual site plan, which is attached as Exhibit B, shall control where such building line setback is different from the following requirements. a. Minimum Lot Size 6,805 square feet b. Maximum Lot Size 21,788 square feet c. Minimum Lot Width 59 feet d. Minimum Lot Depth 115 feet e. Front Building Line 15 feet f. Side Building Line 5 feet g. Rear Building Line adj. to greenbelt 5 feet h. Rear Building Line interior lots 10 feet i. Maximum Lot Coverage 60 5. OPEN SPACE a. This development shall provide a minimum of 17% common open space, as shown on Exhibit B, which shall be for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. A thirty five (35) foot wide greenbelt shall be provided along the common property line with the Rosewood Villas Addition and the Keller ISD Liberty Elementary School property. c. Open space may be utilized for storm water retention. 6. PRIVATE SIDEWALKS AND STREETS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. Ordinance 0-07-xxxx Page 4 of 6 b. This development may be developed as a gated community with private streets in accordance with Chapter 10 of the Colleyville Land Development Code. c. All gates will be fitted with a Fire Department approved Opticom system. 7. SCREENING a. An eight (8) foot tall masonry fence shall be constructed along the frontage of McDonwell School Road. The masonry fence shall be equal in quality and appearance to the Superior Stone fence, as shown in the Superior Concrete Products brochure, attached as Exhibit C -Specifications for Screening Wall. b. Fourteen (14) trees shall be planted within the open space area adjacent to McDonwell School Road. There shall be one-three inch caliper tree per each 50 feet of street frontage. c. Alive landscape screen will be planted along the western boundary line of this development adjacent to the Keller ISD Liberty Elementary School property that will achieve six feet in height within three years of planting. The landscape screen shall be installed prior to the issuance of Certificates of Occupancy for Lots 1-12. 8. OTHER a. The minimum square footage for all houses constructed in this subdivision shall be two thousand (2,000) square feet. b. An all weather paved surface access shall be provided to the adjacent lot with the existing telecommunications tower. An ingress/egress easement to the lot shall be shown on the preliminary and final plats. c. The applicant proposes to construct a "Welcome to Colleyville" monument sign at the northwest corner of the development. The sign will be maintained by the homeowner's association. d. Retention ponds shall include at least one aeration device per pond. 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. Ordinance 0-07-xxxx Page 5 of 6 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 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map 6776 1000 900 6605 6604 - 6 00 6605 90q y ~ 3 709 705 701 613 609 605 ~ 6780 f.-` 6603 6602 10 613 609 805 801 ~ 660, SITE 66D1 R-20 - '~ 6600 R-20 A ~ ~~ 509 - - _-- _~ ~ I ~~ 5 ~ ~~ 6513 ~ 6 ~'-20 ~ l 51 F ~ ~~ ~ fi516 6515 6510 17 ~ 6512 651 ~1~ 61fi 612 608 604 6p0 ~ 511 08 65 5 651 9 51 6504 E15 C~50 - - 650 O1 A' ~` 12 ' E13 609 ~'~ 501 20 6419 1 5 ~ 1 6416 6415 641 ~ 97 5508 6412 '471 641 413 ~ 6407 40 4 y 6504 ~ 6t 61 606 602 6500 64 3 q r PUD-R 64~ X725 401 "70f~j-~ ~ i 65Ui i '~- X619 - 615 611 ~7 F~120 s ~'D~ - -- 501 / R-20 - R--~O R-20 \~ 506 502 ~~4L~6 900 810 712 712 5.11 ~ 1 l CYJ / -- i 507 W_ _ + 471 .~ LAVACA Q ~ ~6 rf 6118 - - ----~' - ~ '-~. .6114 ` ~ PLID-R '.,, R~0 J'U[}~ R-20 R~0 6111 s11o 717 6T07 6106 .r `'t.e, ~ ~~' ~ Soo 6100. 1t a ~v~ - r;~o i` 1101 tD13 1009 909 901 813. BQ8 805 504 ~_~ .~ .,:,. ' ..~1 Exhibit B -Conceptual Site Plan `~ ~ I I I ~ 1. ~ ~ ~~ ~~ ~ ~ ~ dms~ gees sots ' ' ~, ----- ~ ----- C--=----------- ~~„ - , } ------, ~w:£~T -I; r ~ axRr~r a~~ F+C+~~ I ~ 'p~R'.,` .~ia~r ° --1 R 1. -._,, ; ~m1a i' f V tti ~v ~t~~%~~~~ ~'C ', I 1r s ; ,r t n ^ ,~ .,, ° ~ 1 " p ii C > s ~• ~ , " II 11 ~ ~k ~ , ~_~... LL.1 xaw y~c ~ R '~, I 1 8 I 1 w H -~ ~fSI Yr1 L~~~ ~~ 1 ~aM4 i ' ;a~;:~ V b YN.r M ~ SCI ~ i~ T F.r '~ ".~-.. `--J -__~~_ i ,~: ~ .I >.~: ~` ~ i f .~..~;`~ :~:I r x...~ ~_, :,,,~ 'I, N I a aAO' ~ele ~' = 2ao' ~~,. <: ~~S ~ 410ftl~Yf/li i r Exhibit C -Specifications for Screening Wall ,~. ~~ c ~Y-,r~-~~? ~~ o r_.... ._. ' ~. ~ ~ L.r lw. ~~•](M ~ I ~ ' 4fK M5? l!!C !!!OiT y~y~~~ P ~ . 555 -ipl ray ~ . . 5 A .~~,.• ro- veM-car ~ ~~ N n wsua r ~.f~.~ _ .~ f'If0lR vftx mr. t ArLR. f%~' Gtf'aJt ~,~,~ # Raa~r.icar ~~O -- t o q M fMC fCtlr ~o~n " ~~(~-5'P DETAILS m PANEL d GAP xxr. ~ yr ~ r-a ~" `"~. City of Colleyv~Ile 100 Main Street Texas 76034 Colleyville , (817) 503-1000 r~„ Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 06/11/2007 Agenda No.: 8c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Zoning Change from CN-Neighborhood Commercial to CC2-Shopping Center on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-019 Attachments: Location and Zoning Map Notification List Development Review Committee Memo Planning Objectives Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 06/11/2007 Planning and Zoning Commission Title Approval of a Zoning Change from CN-Neighborhood Commercial to CC2-Shopping Center on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-019 Explanation Scott Van Doren has submitted a request to change the zoning of 1.9 acres from CN-Neighborhood Commercial to CC2-Shopping Center. The property is located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane. The property is platted and is vacant. The applicant is seeking a zoning change in order to develop the property for commercial car wash uses. The Land Development Code states the CC2 zoning district is oriented to general commercial goods and services as well as office, entertainment and community facility uses. By nature, shopping center tracts are large-scale usually accommodating a large anchor store and several smaller stores. These tracts are generally located at major street intersections. Master Plan. The Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the Future Land Use Plan. Lot Sizes & Widths. The CC2 zoning district requires a minimum lot area of 20,000 square feet. The property currently exceeds 200,000 square feet and meets the minimum lot City of Colleyville Page 1 Printed on 6/8/2007 A enda Briefin Continued requirements of the CC2 zoning district. Surrounding Properties. The surrounding properties area mixture of commercial, industrial and residential uses. The property to the north is zoned PUDC-Planned Unit Development Commercial and is developed as automobile repair uses. Properties to the west are zoned ML-Light Manufacturing and consist of commercial uses. The property to the south is zoned ML-Light Manufacturing and is developed as warehouse self storage facilities. Properties to the east are zoned PUDR-Planned Unit Development Residential and are developed as single family residential uses (Longwood Estates at Ross Downs). Development Trends. The development trends in this area primarily focus on office uses. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Public Notification. Staff mailed notices to 17 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence in regard to this request. Summary. The proposed zoning change is consistent with the Future Land Use Plan, which designates the subject property as a future retail development area. The proposed property in compliance with the CC2 lot development standards. Recommendation Approval City of Colleyville Page 2 Printed on 6/8/Z007 Location and Zoning Map Notification List OWNER_NAME 3 J Green Limited Partnership America's Storage America's Storage America's Storage America's Storage Arroyo Norte Ltd Bowden, James David Conbined Enterprises Inc Ctl Properties Llc Davidson, C W Davidson, C W Davidson, C W Davidson, C W Monterra Home Owner's Assoc Mooney,Antionetta Schwob Investments Ltd Tres Rosas Ltd Scott Van Doren, applicant Ross Downs HOA OWNER_ADDR 6620 Colleyville Blvd Ste 100 4228 N Central Expy Ste 300 2911 Turtle Creek Blvd Ste 700 4228 N Central Expy Ste 300 2911 Turtle Creek Blvd Ste 700 6516 Colleyville Blvd 6516 Colleyville Blvd 6607 Colleyville Blvd 312 W Northwest Hwy 22 Rhapsody Bend Dr 22 Rhapsody Bend Dr 22 Rhapsody Bend Dr 22 Rhapsody Bend Dr 6707 Brentwood Stair Rd 404 Oak Valley Dr 717 Red Ridge Rd 6516 Colleyville Blvd 3200 Bridle Lane 6607 Connie Lane OWNER_CITY OWNI OWNE SITUS_ADDR Colleyville TX 76034 006630 Colleyville Blvd Dallas TX 75206 006509 Colleyville Blvd Dallas TX 75219 006511 Colleyville Blvd Dallas TX 75206 006509 Colleyville Blvd Dallas TX 75219 001801 Tarrant Ln Colleyville TX 76034 006600 Colleyville Blvd Colleyville TX 76034 006516 Colleyville Blvd Colleyville TX 76034 006607 Colleyville Blvd Grapevine TX 76051 006508 Colleyville Blvd The Woodlands TX 77382 006515 Colleyville Blvd The Woodlands TX 77382 001700 Tarrant Ln The Woodlands TX 77382 001706 Tarrant Ln The Woodlands TX 77382 006513 Colleyville Blvd Fort Worth TX 76112 001699 Tennison Pkwy Colleyville TX 76034 006605 Colleyville Blvd Durango CO 81301 000000 Colleyville Blvd Colleyville TX 76034 000000 Colleyville Blvd Grapevine TX 76051 applicant Colleyville TX 76034 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE June 1, 2007 TO SCOTT VAN DOREN FAX 817.656.0447 FROM Chris Fuller, Development Director SUBJECT Z-07-019 CN to CC2 6513 & 6515 Colleyville Blvd. and 1700 & 1706 Tarrant Ln. The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. 1. If the zoning request is approved, the property shall be subject to the general provisions of the CC2 zoning district. 2. Any building that exceeds 6,000 square feet will require Knox Boxes that may be ordered online from the Knox Corporation. Contact Rob McKeown, Fire Marshal, 817.488.6277, for more information. 3. Fire lanes and hydrants will need to be installed and accepted prior to construction above foundation. Contact Rob McKeown, Fire Marshal at 817.488.6277. 4. Additional fire hydrants may be required. Contact Rob McKeown, Fire Marshal at 817.488.6277. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. Please note the revised impact fee schedule as adopted by City Council. The new rates will go into effect for building permits issued on or after April 1, 2007. ROADWAY The fee for non-residential uses depends on the proposed use of the properly. Details are available in Chapter 13 of the Land Development Code. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-019 CN To CC2 SIDEWALK. The Land Development Code requires sidewalks along all streets. The sidewalk along Colleyville Boulevard must be at least 5-feet wide. A 4-foot wide sidewalk is required along the frontage of Tarrant Lane. The sidewalks must be installed when any new structures are built on the property. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for nonresidential development is $800 per acre. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, June 11, 2007, 7:00 p.m. City Council: Tuesday, July 10 and July 17, 2007, 7:30 p.m. Please contact me at fullerc(a~ci.colleyville:tx.us or 817.503.1052 if you have any questions. PAGE 2 OF 2 City of Colleyville Zoning Change Request Zoning Exhibit Requested by Scott H. van Doren May iii 200 Statement of Planning Objectives Through this zoning change request, it is the goal of Specially Pampered Automobiles, Inc. (S.P.A ), to provide the City of Colleyvlle and the surrounding area with an entirely new experience of Professional Automobile Cleaning Services, Ancillary Services, and Amenities while the Client waits on their automobile. The objective of this Facility is to create a "One of a Kind Full Service Automobile Wash" that has not been experienced anywhere. We operate with only the finest "State of the Art" equipment package to thoroughly, and safely wash your second most expensive investment. Setting Specially Pampered Automobile, Inc. (S.P.A.) apart from it's competitors, will start with offering something for everyone in the main area while waiting on their automobile. First, will be the visual appeal of the facility. The Facility itself is eye catching, and at the entrance you are greeted by a beautiful pond with a gentle fountain at the center, surrounded by seasonal flowers. As you continue to drive onto the entrance from Colleyville Blvd. you will drive down a cobblestone driveway, with landscaped medians with.. trees flanking left and right as you drive to the attendant station.. Once you. exit your automobile, you will walk a path leading to the main area,. but only after passing through a walled area hiding a lush courtyard. Once inside walking to the main area, the lids will be greeted with the opportunity the spray the family automobile with a choice of three foam or water cannons. 2 In the main area you can relax in one of many oversized chairs arranged throughout, in separate areas. Other amenities, wireless Internet, a Barista preparing the finest coffee drinks at reasonable prices, a distinct selection of only "Wine Spectator" magazine rated wines, with award winning Micro-Brew Beers. (To Go Only!) An area. dedicated. to the kids to play the latest games on the (2) X-BOX. 36o's. (Moms, don't worry-both the foam cannons and X- BOX36o's will have timers). There will be a selection of finer merchandise to chose from, no rearview mirror air fresheners here. For the Clients staying for an express detail, full treatment detail, or a Paintless Dent Removal, there is a 3-hole putting green waiting for you. While relaxing with. a specialty coffee., you can watch one of the (2) flat screen televisions, or the display monitor and see your automobile getting Pampered. Again, it is the second most expensive purchase we'll make in our Lifetime. All of this is available, while our Half-A-Million dollars worth of the- finest "State of the. Art" equipment safely cleans your automobile. The Q.P.A. Treatment Hours of Operation will be the following; Monday -Friday 8:0o a.m. - 6:0o p.m. Saturday 8:0o a.m. - 5:0o p.m. Sunday 9:0o a.m. - 4:0o p.m. Development Schedule Upon the. approval of the purposed zoning change and replatting, the anticipated construction start date would begin within three weeks, with construction being completed in approximately four months. Economic Development Totals uare .feet of buildn ..area o,436 .Estimated sales. er s ware foot .Month Annual $15.16 $181.9 Estimated sales er .ear $1,899,000.00 Est. Ad Valorurn Taxes er Tax Current Appraisal Value _ $ . 31 632,00 $13 652.19 Improvement Value =$2,000,000.00 $51359.54 Increased Taxes $ 37707.35 4 Gross area of the property proposed for zoning change: Per 2006 T.A.D. Land SgFt 83,69 Sq. Ft. Gross area & floor area of each. separate building it's percent of the. total property area: Tunnel (7%) 5,860 Sq. Ft. Retail {4%) 3,503 Sq.Ft. Detail (2%) x,376 Sq. Ft. Total (i3%) 1o,73b Sq. Ft. Paved Surface. (56%) 4b,90o Sq. Ft. Open/Landscaped C3%) 25~94o Sq. Ft. Gross Total (ioo%) 83,69 Sq. Ft. Community Involvement It will be part of the S.P.A. philosophy of doing business to give back to the community to which it serves, through sponsorship of athletics, music, art, and. charities. The owners and managers will. volunteer their person time to assist Charity groups on a regular basis as well. Ecology Awareness Specially Pampered Automobiles, Inc. believes in being environmentally friendly. The average amount of water used when a vehicle is washed in the driveway can reach upwards of 64 gallons. We will be using only approximately 1/2 of that amount, but we are going to utilizing a water Reclaiming System. to reclaim 80 % of the water we use.. s Request Zoning Change CN to CC-2/SUP We are specifically requesting a SUP for the sale of only wine and beer, for off site consumption. only. All purchases are required to take place at the Cashier station inside to main building. The. hours of operation will be as follows: Monday -Friday: 8:0o a.m. - 6:0o p.m. Saturday: 8:0o a.m. - 5:0o p.m. Sunday: 9:0o a.m, - 4:0o p.m. 1 ~~ tts :~:~ ' ~ ~ ,; _- ~. ~. ". "".~ ~~ ti ff rll~"~ a e ~`~~~~ '.~` ,~ ,• :,~ :' s -; ,,a %:x~ .~ _,.._..~ 1 ~ .r 11:~ ~~i ~_. ~ ... y~~ , 'g Mb~~ ~ Y ~'~~~~i ~~ a` .~ .,.r' - „r s.nl wu~.c.uoo '~LTj `S~~a~ii~~.~® yseM ae~ .d.d.S ; ~ .~ ~ , { # a Q ~ Ei ~~ '~ ~ ~ , 4 d ev J ~.. C tSf i L R <J ~~ ~s ~~ ~~ ~ ~ ~aa ~,xa EFi ~'ba6~ ~ ~ "g- ~ g a _ '= a ~ ~ ~ a ~ ~ ~ s#~ {{ ag {GU 1. ' s p g p ~,C .~.{( ~~M V y~j ~ ~, h ~ ~'S ~ ii. y ~~.~. ,1 ~..17 ~ J ~.U ~ ~~~ ~..~'.~ ~... ~.y~A~ 6 S W 7i3 ~ ~ ~~ ~~ 4£ ~ ~~ „0 `~~R ~. Y ~I. O n-KW ~C~~g Q333~,~ ~~.G~ ~1S ~"~~r~ ri " ~ ~.. ~ ~$ ~ ~a ~~`Ti,}6 N ass ~ ~ o Z~~~~ ~~ ~'~. 8~ ~~ $ ~, ~ o .~~ ~'" ~ ~3~~r Y~f~ ~E ~ ~~ ~ ~s~~a~aa $ a ~ ~` .~'~Z37~~ .. 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Z •~ ~ ~ ~~~ ~?~j~~b~) Ae o ~ ~ ~ U a ~ NlIY U'MS '3II~ `S~~a~iL~~.~'~ t~seM ae~ 'y'd'S ' g $ , ~ I ~ ~ ~° ~~ ~ ~ ~ ~ 1 ~` ~ ~~ ~ ~~~ pp ~ 4'~ y"1 ~, tp d d K N 47 w S7! w n z a x U f~ Z ` z 0 w e~' O +- m x z z 0 ~ N Cf~ l.r ~, ~ 4 ~J n C1 U Q V ORDINANCE 0-07-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.9 ACRES ON LOTS 1-4, BLOCK 1, C-D SUBDIVISION ADDITION, FROM THE CN-NEIGHBORHOOD COMMERCIAL TO CC2-SHOPPING CENTER DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-07-019; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-07-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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 of 1.9 acres on Lots 1-4, Block 1, C-D Subdivision Addition from the CN- Neighborhood Commercial to CC2-Shopping Center zoning district, as depicted in the attached 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 any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed the sum of Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 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 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 day of 2007. Ordinance 0-07-xxxx Page 3 of 3 The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" (itY t~l ~` City of C o I I eyvi I l e Colley001 e, Texas 76034 (817) 503-1000 ,z--~ Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 06/11/2007 Agenda No.: 8d Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for alcohol sales on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-020 Attachments: Location and Zoning Map Notification List Planning Objectives Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 06/11/2007 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for alcohol sales on Lots 1-4, Block 1 of the C-D Subdivision located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, Case Z-07-020 Explanation Scott Van Doren has submitted a Special Use Permit application to allow alcoholic beverage sales for off-premise consumption. The SUP request is for 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane, which are located at the northeast corner of Colleyville Boulevard and Tarrant Lane. Off-Premise Consumption. The proposed Special Use Permit would authorize the sale of alcoholic beverages for off-premise consumption. The request is intended to serve a proposed car wash that would sell wine and beer. The proposed hours of operation of the associated car wash facility, as well as for the sale of alcoholic beverages, are as follow: Monday -Friday: 8:00 a.m. - 6:00 p.m. Saturday: 8:00 a.m. - 5:00 p.m. Sunday: 9:00 a.m. - 4:00 p.m. On-Premise Consumption. On-premise consumption of alcoholic beverages would not be permitted on the property. Council approval of an amendment to the Special Use Permit request would be required to permit the sale of alcoholic beverages for the purpose of City of Colleyville Page 1 Printed on 6/8/2007 A ends Briefin Continued on-premise consumption. Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville City Code requires that places that sell alcohol be located at least 300 feet away from churches, schools or public hospitals. The property satisfies this requirement. Master Plan. The Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the Future Land Use Plan. Surrounding Properties. The surrounding properties are a mixture of commercial, industrial and residential uses. The property to the north is zoned PUDC-Planned Unit Development Commercial and is developed as automobile repair uses. Properties to the west are zoned ML-Light Manufacturing and consist of commercial uses. The property to the south is zoned ML-Light Manufacturing and is developed as warehouse self storage facilities. Properties to the east are zoned PUDR-Planned Unit Development Residential and are developed as single family residential uses (Longwood Estates at Ross Downs). Development Trends. The development trends in this area primarily focus on office uses. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Public Notification. Staff mailed notices to 17 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence in regard to this request. Summary. The proposed Special Use Permit would authorize the sale of alcoholic beverages for off-premise consumption but would not permit the consumption of alcoholic beverages on-premise. The property satisfies the distance requirements to churches, schools and public hospitals. Recommendation Approval, with the following condition: The hours of operation be limited to the following schedule: Monday -Friday: 8:00 a.m. - 6:00 p.m. Saturday: 8:00 a.m. - 5:00 p.m. Sunday: 9:00 a.m. - 4:00 p.m. City of Colleyville Page 2 Printed on 6/8/2007 Location and Zoning Map Notification List OWNER_NAME OWNER_ADDR 1904 Industrial 2P Lc PO Box 742346 1904 Industrial Ltd PO Box 742346 3 J Green Limited Partnership 6620 Colleyville Blvd Ste 100 America's Storage 4228 N Central Expy Ste 300 America's Storage 2911 Turtle Creek Blvd Ste 700 America's Storage 2911 Turtle Creek Blvd Ste 700 America's Storage 4228 N Central Expy Ste 300 America's Storage 2911 Turtle Creek Blvd Ste 700 Arroyo Norte Ltd 6516 Colleyville Blvd Barukei EI I Ltd 6409 Colleyville Blvd Boulevard Animal Hospital Pc 6413 Colleyville Blvd Bowden, James David 6516 Colleyville Blvd Cameron, David Etux Michelle 2003 Frances Dr Colleyville Area Chm Commerce 6700 Colleyville Blvd Combined Enterprises Inc 6607 Colleyville Blvd Conbined Enterprises Inc 6607 Colleyville Blvd Ctl Properties Llc 312 W Northwest Hwy Ctl Properties Llc 312 W Northwest Hwy Davidson, C W 22 Rhapsody Bend Dr Davidson, C W 22 Rhapsody Bend Dr Davidson, C W 22 Rhapsody Bend Dr Davidson, C W 22 Rhapsody Bend Dr Dica Properties Ltd 1812 Industrial Blvd Flowers, Gregg W Etux Karol B 6614 McMakin Ct Geneva Realty Management 1808 Industrial Blvd Graham, Jas W III Etux Angela 6616 McMakin Ct Hart, Neil Etux Sherrie 1600 Glade Rd Kim, Kevin K 2000 Tarrant Ln McEntire, Kenneth G Etux Judy PO Box 224 Moan, Michael Raymond 2002 Tarrant Ln Monterra Home Owner's Assoc 6707 Brentwood Stair Rd Mooney,Antionetta 404 Oak Valley Dr O'Hanlon, Patrick Etux Ramona 6606 Baker Ct Peterson, Alan G Etux Jodi L 2001 Tarrant Ln Preston, G S Etux Deann M 6604 Baker Ct Reynolds, Lois Collins 6604 Colleyville Blvd Schwob Investments Ltd 717 Red Ridge Rd Sparks Southwest Inc 1804 Industrial Blvd Sun Valley Properties 5301 Sun Valley Dr Tres Rosas Ltd 6516 Colleyville Blvd Tres Rosas Ltd 6516 Colleyville Blvd Wilson, Kathy 211 Meadowlark Ln Wilson, Kathy 211 Meadowlark Ln Scott Van Doren, applicant 3200 Bridle Lane Ross Downs HOA 6607 Connie Lane OWNER CITY OWi' OWNER SITUS ADDR Dallas TX 75374 001904 Industrial Blvd Dallas TX 75374 001900 Industrial Blvd Colleyville TX 76034 006630 Colleyville Blvd Dallas TX 75206 006509 Colleyville Blvd Dallas TX 75219 006511 Colleyville Blvd Dallas TX 75219 006511 Colleyville Blvd Dallas TX 75206 006509 Colleyville Blvd Dallas TX 75219 001801 Tarrant Ln Colleyville TX 76034 006600 Colleyville Blvd Colleyville TX 76034 006409 Colleyville Blvd Colleyville TX 76034 006413 Colleyville Blvd Colleyville TX 76034 006516 Colleyville Blvd Colleyville TX 76034 002003 Frances Dr Colleyville TX 76034 006700 Colleyville Blvd Colleyville TX 76034 001800 Industrial Blvd Colleyville TX 76034 006607 Colleyville Blvd Grapevine TX 76051 006508 Colleyville Btvd Grapevine TX 76051 006500 Colleyville Blvd The Woodlands TX 77382 006515 Colleyville Blvd The Woodlands TX 77382 001700 Tarrant Ln The Woodlands TX 77382 001706 Tarrant Ln The Woodlands TX 77382 006513 Colleyville Blvd Colleyville TX 76034 001812 Industrial Blvd Colleyville TX 76034 006614 McMakin Ct Colleyville TX 76034 001808 Industrial Blvd Colleyville TX 76034 006616 McMakin Ct Colleyville TX 76034 006525 Colleyville Blvd Colleyville TX 76034 002000 Tarrant Ln Colleyville TX 76034 006608 Baker Ct Colleyville TX 76034 002002 Tarrant Ln Fort Worth TX 76112 001699 Tennison Pkwy Colleyville TX 76034 006605 Colleyville Blvd Colleyville TX 76034 006606 Baker Ct Colleyville TX 76034 002001 Tarrant Ln Colleyville TX 76034 006604 Baker Ct Colleyville TX 76034 006604 Colleyville Blvd Durango CO 81301 000000 Colleyville Blvd Colleyville TX 76034 001804 Industrial Blvd Fort Worth TX 76119 006611 Colleyville Blvd Colleyville TX 76034 000000 Colleyville Blvd Colleyville TX 76034 000000 Colleyville Blvd Duncanville TX 75137 000000 Colleyville Blvd Duncanville TX 75137 006609 Colleyville Blvd Grapevine TX 76051 Colleyville TX 76034 City of Colleyville Zoning Change Request Zoning Exhibit Requested by Scott. H. van Doren May r1~ 200 statement of Planning Objectives Through this zoning change request, it is the goal of Specially Pampered Automobiles, Inc. (S.P.A.}, to provide the City of Colleyvlle and the surrounding area with an entirely new experience of Professional Automobile Cleaning Services, Ancillary Services, and Amenities while the Client waits on their automobile. The objective of this Facility is to create a "One of a Kind Full Service Automobile Wash" that has not been experienced anywhere. We operate with only the finest "State of the Art" equipment package to thoroughly, and safely wash your second most expensive investment. Setting Specially Pampered Automobile, Inc. (S.P.A.} apart from it's competitors, will start with offering something for everyone in the main area while waiting on their automobile. First, will be the visual appeal of the facility.. The Facility itself is eye catching, and at -the entrance you are greeted by a beautiful pond with a gentle fountain at the center, surrounded by seasonal flowers. As you continue to drive onto the entrance from Colleyville Blvd. you will drive down a cobblestone driveway, with landscaped medians with. trees flanking left and right as you drive to the attendant station. Once you exit your automobile, you will walk a path leading to the main area, but only after passing through a walled area hiding a lush courtyard. Once inside walking to the main area, the kids will be greeted with the opportunity the spray the family automobile with a choice of three foam or water cannons. 2 In the main area you can relax in one of many oversized chairs arranged throughout, in separate areas. Other amenities, wireless Internet, a Barista preparing the finest coffee drinks at reasonable prices, a distinct selection of only "Wine Spectator" magazine rated wines, with award winning Micro-Brew Beers. (To Go Only!) An area dedicated. to the kids to play the latest games on the (2) X-BOX 36o's. (Moms, don't worry both the foam cannons and X- BOX36o's will have timers). There will be a selection of finer merchandise to chose from, no rearview mirror air fresheners :here. For the Clients staying for an_express detail, full treatment detail, or a Paintless Dent Removal, there is a 3-hole putting green waiting for you.. While relaxing with a specialty coffee,. you can watch one of the (2) flat screen televisions, or the display monitor and see your automobile getting Pampered. Again, it is the second most expensive purchase we'll make in our Lifetime. All of this is available, while our Half-A-Million dollars worth of the finest "State of the Art" equipment safely cleans your automobile. The S.P.A. Treatment Hours of Operation will be the following: Monday -Friday 8:0o a.m. - 6;0o p.m. Saturday 8:0o a.m. - 5:0o p.m. Sunday 9:0o a.m. - 40o p.m. Development Schedule Upon the approval of the purposed zoning change and replatting, the anticipated construction start date would begin within three weeks, with construction being completed in approximately four months. Economic Development Totals ware feet of buildn area so,436 Estimated sales. er s: uare foot Month Annual $15.1b $81. Estimated sales- er ear $1 89+g,ooo.oo Est. Ad Valorum Taxes er Tax Current Appraisal Value _ $ , 31 632.00. $13,652.19 Improvement Value =$Z,ooo,ooo.oo $51359.54 Increased. Taxes $37707.35 Gross :area of the property proposed for zoning change: Per 2006 T.A.D. Land SgFt 83,679 Sq. Ft. Gross area & floor area of each separate building & it's percent of the total property area: Tunnel (7%) 5,860 Sq. Ft. Retail (4%) 3,503 Sq.Ft. Detail ~2%~ 1,376 Sq. Ft. Total (i3°fo) xo,736 Sq. Ft. Paved Surface (56%) 46,900 Sq. Ft. Open/Landscaped C3~%) 25~94o Sq. Ft. Gross Total (ioo%) 83,69 Sq. Ft. Community Involvement It will be part. of the S.P:.A. philosophy of doing business to give back to the community to which it serves, through sponsorship of athletics, music, art, and. charities. The Owners and managers will volunteer their person time to assist Charity groups on a regular basis as well. Ecology Awareness Specially Pampered Automobiles, Inc. believes in being environmentally friendly. The average amount of water used when a vehicle is washed in the driveway can reach upwards of 64 gallons. We will be using only approximately 1/2 of that amount, but we are going to utilizing a water Reclaiming System to reclaim 80 % of the water we use. 5 Request Zoning Change CN to CC-2/SUP We are specifically requesting a SUP for the sale of only wine and beer, for off site consumption. only. All purchases are required to take place at the Cashier station inside to main building. The. hours of operation will be as follows; Monday -Friday: 8:0o a.m. - 6:0o p.m. Saturday: $:oo a.m. - 5:0o p.m. Sunday: 9:0o a.m. - 4:0o p.m. ,,F: , a; ~~;., f ~- r'• . T ,~ /~ , r 1 '~, ~ ~~ '~ ~: ~ ~ #~. a ~ d1s, ;' ~ 1t'' ~,~.. 'Q* , , ~~i' ~~~ ~ . ~ -~,5# ~~ t ~ - ,_- ~_ ~. l F S' ~uI ~s~~a~j~~~~ ~ ~~ ~~ ~ ~ ~~ ~ ~A~d ~ ~i ~ ~~ ~3 ~~~~ yseM ~e~ •b+•d•S 1 CJ ~~ u~g ~ ~ ~~ yap ~P ~~E"° ~ J ~ ~ ~~€ ~ ~ ~~~ ~ s~ ~ ~ ga ~ ° ~ ~~ ~ ~ ~~a~b~~ ~ ~ ~~ ~ ~ ~~~~~ ~~ 3~ ~ s~_ A ~ e U ~ F ~ ~ iSf 'Z <_ ?G ~ E ~e~ ~a ~ ~ y~~ Y~~~{{~~~~ F ~ 5~p ~ +~, N~ ~~yyF~ ~}F~p.~ ~'~~jJ~ a •~ $ *~~~°y C¢~, O. ~~ J5 ~j b~P ~ ~ y~ 3l~~A'~'a ~_~q•. ~ •1 LL..LL ~' ~~~~ <J.~ `,~ ~j. ~~ ~ Y`+S. €~r`~~ a o ~~ s~ ~ ~~ ~~.- ~~~ m ~ ~ ~8i'~ ~~ ~Nl ~ c~~~~ ~S ~ ~~ ...7979 jt ~I~ ~~~ e 11 o ?~~ ~~ x > ~~~~ ~ ~ {r+ aa~ <~ ~ti a rn ~ ~_ E~ _ _ ~ _~ ~3iLprn..4"~7'aOYt¢~ryG 9t ~ d ~ o U ~ -$,~ ~~ - - AI'fZL HL10S r `o n $ N .~ q i ~ o ^ ~ ` .~ C_` i' 9 H O M ai ~i ~ s m z $E " f w N 3 ' AS'LLL-f1itlON I + ~ J 0 O ^ ~ ~'~ ~8 Mq o o h m 3 s ~ ~^ --- Z o `~ ~ Z .ot Lzs ~uvoN t n a z ~+ ~0 9 .SS'Lti Sf'CTt ,~ ~' V 9 ~. ~ ~ ~~ Ey~i y =auia ~ ~ ~ a mz~ F aa~ ~, (('"q ~ ~y~ a oNWn 'L ~,ib Q~ N I ~' ~ r x ~~ ~~ a H ~ ~ ~ f ~~4 ~~ ~ s ~ ~ O ~ ~ ~ "~~ a t; Gq ~, ~ • I $ \a sy~~ ~~` ~ ~~~ ~ ~ 'As~ 4 .Ira?~ ~ T ~ E'nn~ nm~~~~~ E ~ ~r ~~` ~ ~s ~ _ ~`~ ~~~e N~yoa ~ _ '~.' oa moe ~ ~R a ~ ~~ ~ ~~~ •~~~ g W ~ Q E ~~ g ~~ ~ `•K Ntl3~~ AAN009 ~ ~'~y ppal ~ ~~ NOS:~_;t~5 ~ ~ .~ ~ 4~ i ~o~l nd 52 •-"l a ruia Lxvs ~~ ~~~ ` •~i~ ~ ~ O q .~ ~i ~ i ~~ 1 ~ ,~,~, ~~~ ~ } ~ ~ ~~ ~~ t ~ Q Z W C3~ :w.'. a n z 'r o° O` m ~' L7 Z 0 Q1 N' ~` .r+ ~ ~ ;' f"'; frr ~ ~/ d irrrr ORDINANCE 0-07-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE, PROVIDING FOR THE ZONING CHANGE OF THE PROPERTY ON LOTS 1-4, BLOCK 1, C-D SUBDIVISION, AUTHORIZING A SPECIAL USE PERMIT FOR THE SALES OF ALCOHOLIC BEVERAGES FOR OFF- PREMISES CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AUTHORIZING PUBLICATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. Z-07-020; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-07-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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 the sales of alcoholic beverages for off-premise consumption on Lots 1-4, Block 1, C-D Subdivision Addition, as depicted on the Zoning and Location Map, attached as Exhibit "A", and subject to the following condition: a. The hours of operation be limited to the following schedule: Monday -Friday: 8:00 a.m. - 6:00 p.m. Saturday: 8:00 a.m. - 5:00 p.m. Sunday: 9:00 a.m. - 4:00 p.m. Sec. 3. THAT the above described tract of land shown on Exhibit "A" 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, as 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 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 Ordinance 0-07-xxxx Page 3 of 3 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 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map `'' ' "` 100 Main Street City of C o l l eyvi l l e ~°" ~81'7> 03X1000 034 ~" Agenda Briefing www•colleyville.com ~~:; File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 06/11/2007 Agenda No.: 8e Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from R20-Single Family Residential to R40-Single Family Residential on 1.9 acres out of the O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021 Attachments: Location and Zoning Map Notification List Zoning Exhibit Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 06/11/2007 Planning and Zoning Commission Title Approval of a request fora zoning change from R20-Single Family Residential to R40-Single Family Residential on 1.8 acres out of the O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021 Explanation Paul Kramer, the property owner and applicant, has submitted a request to rezone 1.8 acres of land located on the east side Bransford Road, south of Shelton Drive. The applicant is requesting to rezone the property from R20-Single Family Residential to R40-Single Family Residential Platting. The subject property consists of one tract that is not platted. The property is currently developed as a single residential lot that contains an existing home. Upon approval of the rezoning request, approval of minor plat will be required prior to the issuance of building permits. Lot Sizes. The developer has submitted an exhibit illustrating the property boundaries. The R40 zoning district requires a minimum lot area of 40,000 square feet, lot width of 150 feet and lot depth of 150 feet. This site contains sufficient area to accommodate the R40 lot development standards. Master Plan. The Master Plan designates the future use of this area for single family residential type land uses. The proposed rezoning request is in conformance with the City of Colleyville Page 7 Printed on 6/8/2007 Agenda Briefing Continued Future Land Use Plan. The Master Plan contains a recommendation that estate lots be developed adjacent to collector streets, such as along Bransford Road. Estate lots are defined as containing a minimum of 30,000 square feet of lot area. The proposed R40 zoning district is compliant with that recommendation. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the north, south and west are zoned R20-Single Family Residential and developed as single family residences. Properties to the east and are zoned R40-Single Family Residential and are currently developed as single family residences. Summary. The proposed zoning request is compliant with the Master Plan regarding the development of estate lots along collector streets and consistent with the recommended residential density of 1.8 dwelling units per acre. Public Notification. Staff mailed notices to nine adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence in regard to this request. Recommendation Approval City of Colleyville Page 2 Printed on 6/8/2007 Location and Zoning Map 610 ~~18 6100 4 ~ -' '~ 04 6009 ~/ ~ 400 512 51 604 60 1 800 ~ 4 Site t ~' 00 , 8 6003 ,004 j' 4 ; 405 600 00 , , 6001 513 601 609 609 701 705 01 916 ,_ 59 f R40 f s~ ;,, :5901 hR ~" 001 401 81 508 512 600. 608 61 704 708 80 581 ~ R20 500 ~ SOBS 5808 501 09 13 01 05 09 01 705 709 71 01 5712 57 V 70 ~ 5704 504 08 512 600 608 .617 704 70 . ,. . 5700 700 _--- - 700 704 ~ 700 AC' 00 ° 5612 505 513 601 609 613 613<` ' 3 612 705, ~ 608 5606 5605 5608 212 5604 604 5604 5603 30 0 Notification List OWNER_NAME Coley, Needham E Etux Lila Garrison, Lisa Gotcher, Buford D Jiang, Kegin Ladd, John H Lear, Helen B Randall, Robert V Rimmer, Bertie A Paul Kramer, applicant OWNER ADDR 401 Shelton Dr 516 E Maple St 777 Fairway Dr Apt 127 6001 Bransford Rd 6000 Bransford Rd 5901 Bransford Rd 5904 Bransford Rd 5812 Bransford Rd P.O. Box 99 OWNER_CI OWP OWNEI SITUS_ADDR Colleyville TX 76034 000401 Shelton Dr Fayetteville AR 72701 000405 Shelton Dr Coppell TX 75019 005816 Bransford Rd Colleyville TX 76034 006001 Bransford Rd Colleyville TX 76034 006000 Bransford Rd Colleyville TX 76034 005901 Bransford Rd Colleyville TX 76034 005904 Bransford Rd Colleyville TX 76034 005812 Bransford Rd Colleyville TX 76034 ~~i'8°~sE'S`~ -a° W ~I Y i ~ a gE~g~E~'°zz tea` J ~ ~ ~ ` ) ~~ g G i ~s~~~~~~~~~ 8~~ ~~~ 9 a ai s: EEg N~s a Ea ] y~ sa~'g~£4~n2 gaY N V1 J~ ~ ^ ~a~ ~ ~c }: sa -s$gd 5E 1- ~a eg 4ads' y~` Ch p o0 3 >s E_ s~~~~~:r~yzyi ~a~ z,Y1 c~'~w w ~~r E~~~~ ~ a~ sZ~ $f ~ dog ~E-3 3~v ~U O~ O~ ~W~~~ N ~ Ea g ~ L SE~~g~s~~ say *EO ~~ ~Z d=am zY 2 ~~~~~ -1 e ,~8~ E~ps~~i a c a~ ~ =0 9~~~~i Q •7l U S °~ ~'~j6sg~8Eq¢¢ 8 z~?E ~j~~~`/ OqZ ~~~~~ N ~~~~; 53? 5a3~'7g~sE~gg M ~39 ~ pia- V1 Z~ .-~ ~~ ~ ~tl 3 q'Ypp ° ~~~a~eEc~F ~ W~ g$g~ ~ $ ~ ~~ ~ O ~~a~~ ~ ~Ea~~IIS W g xY ~ oL EF... a ~ E Z t °z sr8 F$~a~€ fr' <O ~~~§ s ~ : Q ~~~'~5 ~ °'Ooti Eia;as s 8 Gu A` ee e €9~ ~^ d^ ~u &gu Sob bE>E .. ~ ~~Fe Sy ~z ~ % 6£s ~ "` w .~i y; ^R ns xs= ';:~ $FE~ ~ z~g° ~~ ~~ ~~ ~g~ "'~ ~ s ° ~ ~.p ~~ YY 2, a = E ~9 E~ E-- ~E pp ys sE ~ ~ as'~ aiy ~ ~ _~~ ~ c S n~~ ~~ a '~ t~~ ti= t~~ t ~sY3s ~p 8~ Bg.:a ~F~ .- ~ ~ t ~ ~ ~ ~°e ~~ ~Y cg g n g N C ~° ~r€ a: jt~ ~? $~~ as $$~~ § °~~ ~s ~~ aa~a~ ~§a ~ `° g,e 5 ~, ~~? ~6 ~s c r ~ e ~= €¢ss n v ~ $ a-= t- 3 `~ ~~ a~ ;a~ ~ Z~~ E ~ ~ $~ E- €~ go ~" Ee" f5 ~ e _t ~ K g ~a ~~ ~ 4y~~ Aga ~~F" 5g3 , ~~ ~- ifs s~ s ~ ,~ EQS e a ~$ -~ ~~a 3~g g~S ~g9 .E! i= fi:a~ ~~ ~p K.~ ~~`~ ~ '~' ~~ ~~ lY N V $ q yt`` gg gy qq gg 7 o O$$.. 5 ~ i "[ ;£i~ ~l ¢~is iaE 8~di7 ~ as d7 ~ ; Sy ~E I 5 ~ jey Ea Y~ ~ a ~E $ ~ "9~ s ~ fig}' ~F :$~ ~~;X'i "pg~L °cP~- ~Y§ xEE~ x3 a °g °-$. ° ' Eg~~ $ p ~a ~E-" ~8€ 55 ~..~ ~nFa 5~ sags 5 $a 5€~€• ¢¢@g~~ igY xa~ ~'.'S Y E Ea~dddd '~a43 L~ ~E ~ ~~~ S~ S° s~ EiB $ ~n ~° jE ~" "Y°5 E E ~ Er E ya Y €~ ~ ~- 5~ s~ s~a~ a "se° .>: g s $~ ~P x~~8 E y E 3 a ~ X58 g$ ~ ~CE°? ~ 88 ~'~ ~g<gE ~ ~ eF ~g#~ g~""~ 9 v ~ ~ ~ ~; sg~ ash °~~ „~~g R $y k"~ sFFF s~~ a$.. ~ S'I soa ~g t ~ a v o ° ~ ~~~ ~s#$' 9~}y~~5 ~xa €S¢~"a~ ~~~~ ~€s~ f3y~~ ¢S~q~ ~~ ~~L ~Se ~~€~~ ~"~~ ~ a ~ ,~ b tl F ~ ~ ~~ 8~a ~~~ gas ~aE€ ~€r3~ €~?z~ ~e gds ~~~ €°sa cgs ~~i ~~ ~~~ U c `e ~ ao~ ~ ~~V ~N ~ ~: ~ A ~~ ~ ~ $, a m~~ ~~~ x o~ ~ ~_~ ~ 3 !~~ w ~:s @~ 59 ~a- tf~p ~~ ~ _-- ~t~s~egs--Bean---~~ e~ ~ a _ _-_ .-~~ ~ (I I I e I I~ s~~° al I I n z " N ~ ~~ ~I I ~ ~ ~a Via; O ;~- rr..~ ~ - ~i _~^ ° a~ x I> a 'I 3 ~~ ~ " - I~ ~~~ I ~e ~ ~'s8 0 la I~ s " I ab3~~'az ~I~ J I~ I 3 I ~:es~ e5 w ~qa ~I" I' ~e I aa9:3 ~;: i °~t .a :'9 3 SI - S O31+J~-E 99.3t' °°i r s J a° J "~' - ~-----`~ - ~ ~~~ M ~° w S OS°a 05 E 1130e 7° yy ' a NN°372uZV ZOB.9T ~~ ic<y g2i ~~ ~~ rB ~ ea~$° g 5g °~ ~~ ~ 73 :~~ p~ ° :a~,a e ~~" 1~ as ~°C. am ~ =~0 3~ a 9;~ ^~ ~3 °g 9e. s ~° ~ ~ 96 ~ ~ sE`a~?_ ~9z ^z~: ze ~' : c; ORDINANCE 0-07-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.9 ACRES ON TRACTS 8 AND 8D OF THE O.C. STRUM SURVEY, FROM THE R20-SINGLE FAMILY RESIDENTIAL DISTRICT TO R40-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-07-021; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid .undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to .conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-07-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. 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 of 1.9 acres on Tracts 8 and 8D of the O.C. Strum Survey from the R20-Single Family Residential zoning district to the R40-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in the attached 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 violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed the sum of Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 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 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. Ordinance 0-07-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" 6101 `~ Y% 5918 Q4 ~' Od 6100 f~" 512` 51 ' 604 6 1 800 6009 `~j ~ 400 b ~ ~ r,' 4 Site 6003 008 004 40f`~~ 405 600 6001 513 601 609 609 701 705 801 00 '~ 916 ,~~ L\, 0 0 59 R40 `~' ~'~ 0 / 5901 ti^. ~ 001 d01 81 '~03 12 600 608 61 704 708 80 58.1 500 /' R20 S9'1 S 1157 04~ 5700 00 AG X12 i0 5606- 5605 212 ;n~ 5604 5603 5808 501 09 13 01 05 09 01 705 709 71 01 5712 ` ?0 ~ ~- 5704 504 X08 512 600 608 617 :D >._ 700 l0 ~ ~ , -- ; 700. 70 ~ ~l3 . ,,~_ ' 00 ~ ~' , 5612 505 513 601 609 E13 613 '~' Q1 . 705 ,..! w.r •3... eS<I'~ .i :i ~\ K~;.> ~ ~{ 41;`!x',. 0 .,~ 5608 5604 ~ . ~`.. ; ~.: ~• ~~~.: Exhibit "B" A11. that certain tract or garcel r~flatul itr'the O.C. s'i"[l~ SURtTEY=, A:bstr~act 148?, Tarrant Ccaunk~, Texas a:ad being that sarr~ tract. de~ri~sed to I~rauier-McCr~y 13evelt, LP' ~s regarded i~ 1~e~merlt 1~. 1~2ft6196137, Ueed Records, Tarrant Caun#y. Texas and being rrmre gartictilarly described b} metes and bounds as follows: C`C?hl~i~+lC1NG at a 112.. inch steel. cad footed at the norther=est. c~r~er a€Braaunsfo-rd 1~states, an t~,dditic~n ts~ the GYty of Galle~~=ilie,'T~rrant ~'otmt}=, Teas as record.~ed is Cart ~1, 51ide ~3?°6, Plat Recccrrds, Tarrant ~~+~tyx Texas; TH~+TCE EAST a~aarutg source ger sail Bransfard Estates and. Valame 216$, gage X57, Deed records, Tarrant Lmmt_y, Texas dvtlt the north battttdary line of said Bransfard Estates.. 381.45 feet to a ~=`S inch steel cad fQUnd. at an "e1F' corner said north bauudar~• line; Tl'~L:E €~cr~ta G3 degrees n~sinute~s 3~ sends ~.~~est, 9~.~1€eet tt+ a 1~`2 loch steel rrad ftattnd at the southtst cort~.r of Lot 1,131ock 1, Cecil (3al;s, an Addition to said City of C olley~-ille as recorded. iu Cabinet B, Slide 131 of saki Plat: Ponds; Tl~1CE l*torth t33 degrees dQ minutes 1}5 ~ i~Iest gvi3th the wrest baumdary litre of said Cecil Oaks, 313 _Q$ fee# to a 1?~ inch steel. cad found at ate narthw est comer c-f'said Cecil Oaks and the sauthcvest corner of said l~r-anrerluicCrary tract and also beirrg the PO~'T OF $EiGrII~~iCs OF TIE liEllEII~T l?ESCRlBEl3 TF r~G1': THENCE Atortl- 43 ~s 37 minutes 2.11 seconds ~L~est with the west bottrrdarlr line. of said tract,, ZQ8.97 feet. to a 1!? loch steel r~ faurtd at the northt~est corner of said. tract and tlt~ southwest corner ~#' Lat 1. Black 1= Thorne addition to said ~ of Calle~r~ille as recard,ed in Cabinet. A, Slide 487 o#'sad:Flat R.ercordsF THENCE North 8<3 degrees 22 uritaiutes ~2 sesattds East with flee north botmdary line of said tract at~d the south b~ lints trf said Tltome Addition,147~6 feet tra a lt? inch steel and found at the southeast comer crf said Tleorne A.dditeou .and being in the Evert bottndar}= line of that same tract described to Sohu I~. Ladd as recorded in Vohtme 6~3~, Fags 653 of said Reed l~e~cords; THENCE Sc!uth tJ1 de~e 24 minutes i}4 seconds East with. said west bouatdarf line;.11.28 feet to a 3r`8 inch steel rcxl fcytutd at the €~ttths4=est. comer of said. Ladd tract; THE`JCE ltorth 85 degrees ~~ minutes 36 seconds East continuirtg E~ tlt said north bounden line and the south boundary line of said Ladd tract; 25.16 feet to a la'2 inch. ragged steel rod stamged "'~OttK SL~`t' II~C" set at the c~rrtrraan east corner of said frames--I+~cl~ary tract and. Ladd. tract and also being in the aggarent westerly right-of-way luie of Bransford Ptoad (a variable EEZdthrsglrt-af ~=a~•-}> T11CE S~xtth t38 degrees. C12 mimites 28 seconds East with the easterly b~sturdary• lice of paid Kraauer- A~Crary- tra.;t attd ;said EE~sterly right-af-way lute, ?6.78 $eet #o a 112 incl- cagg~ed steel rc~d stamEetl `'1tiiCigK SLRt~ IIvC'.:set: T1iElVCE South tl~ degrees ~9 minrttes 28 seconds East conttruting with said easterly 6oundaay line and said E esterll= right-caf-n~T 1in~, 6~1.2{l feet. tc~ a 112 inch ca~ect st~l creel stated "~a RCS Si~til It~TC" Wit; THENCE South 1l2 degrees ~{1 nuuutes g seconds East cantintting with said easterly baundaty tine and said yr=esterh= right-of-EE~gy litre,119:6~ feet to a St8 inch steel rod fottud at the southa*est career ~f said ~ram~er- A1~raty tract and beissg the northeast comer of Lot 1, Black 1, trotcher Addittan trs the said City of Galle~~E•ille as recorded iu Vahttrte X88-13?. Page 811 of said Plat Records; T11CE Ssxtth 84 degrees 111. rxtinute ~? seconds ~ e'est kith. the south b~turdar} line: caf mid tract attd tl~e north bottudary line cf said Gottlt€r :addition and castt%nuirsg E~i~ the north boundar5r line of said Cecil Gals, 39 t. r~J feet to the glacz of beginning :and containing 1.861)? acres, tuore or less, as sttt~eyed by 2s•foali Surveyors, Irtc. in the ffiallth t?ft7ctabeI. t6.