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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-7/23/2007~Y~r. City of Colleyville (j ~1 Meeting Agenda ,y~..,~ Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, July 23, 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 DISCUSSION OF PREVIOUS MEETING MINUTES 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 Taylor 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES July 9, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat for Lot 1, Block 2 of the Bransford Estates Addition on 1.8 acres in the O.C. Sturm Survey located at 5904 Bransford Road, Case P-07-034 City of Colleyville page ~ Planning and Zoning Commission Meeting Agenda July 23, 2007 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots AR and BR of the E.M. Thompson Subdivision and Lot 1, Block 1 R of the Foster Addition located at 5204, 5224 and 5232 Colleyville Boulevard, Case Z-07-026 8b Approval of a request for a zoning change from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial 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-07-027 8c Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A-1, Block 2 of the Highland Acres Addition located at 5314 Bransford Road, Case Z-07-028 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ADJOURNMENT I hereby Fkrtify the abdve agenda was posted on the bulletin boards at City Hall on Thursday, July 19, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. colle yville. com ,~. -`~ ~ ~ ` `~ ~~' ~~. r°,;~; Minutes -Draft Monday, July 9, 2007 7:00 PM City Council Chambers Planning and Zoning Commission -"~---~~ City of Colleyville c Minutes -Draft r:...- Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, July 9, 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 DISCUSSION OF PREVIOUS MEETING MINUTES 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 July 9, 2007 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps and Jeff Byerly Absent: Commissioner Denis Duffy Staff Present: Chris Fuller, Ron Ruthven, Mike Johnston, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Byerly. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Taylor moved to approve the June 25, 2007 meeting minutes as written. Commissioner Dudziak seconded. City of Colleyville Page 1 Printed on 7/19/2007 Planning and Zoning Commission Minutes -Draft July 9, 2007 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of Minor Plat for Lots 1-3, Block 1 of the Northstar Bank Addition located at 6110 Colleyville Boulevard, Case P-07-032 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly moved to approve case P-07-032. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 7b Approval of a Minor Plat for Lots 1 and 2, Block 1 of the Beden Addition on 3.0 acres in the S.C.H. Wilton Survey located at 2313 Glade Road, Case P-07-033 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the lots on the plat, are they part of this plat? Ron Ruthven concurred. Commissioner Redfearn questioned staff regarding if there are drawings showing the proposed lots? Chris Fuller replied no, other than approximation. Commissioner Redfearn questioned if the house would staddle the lot line? Chris Fuller replied yes, and used the diagrams to show the approximate lines. Commissioner Phelps questioned staff regarding what is the age of the aerial photo? Chris Fuller replied it being current. Ron Ruthven replied it being a year old. Commissioner Byerly questioned staff regarding what are the provisions for fire access and has the Fire Marshal reviewed this plat? Chris Fuller replied the Fire Marshal has reviewed the plat and has recommended a 24 foot fire lane built to fire lane standards with a 14 foot overhead clearance for the duration of the property to essentially serve as the driveway to ensure that the Fire Department would have access to the City of Colleyville Page 2 Printed on 7/19/2007 Planning and Zoning Commission Minutes -Draft July 9, 2007 house but would also have the ability to withstand the weight of the truck. Commissioner Byerly questioned staff if this type of flag lot has been approved in the past? Chris Fuller replied yes, both approved and denied similar requests. Commissioner Byerly questioned staff regarding if the 57 foot of frontage includes the 24 foot of fire access and is it part of Lot 2? Chris Fuller suggested asking the applicant if they would be willing to construct the 24 foot wide fire access since it would be quite expensive. Commissioner Byerly questioned staff for clarity, that it could not be built unless the Fire Marshal signed off on it? Chris Fuller replied the property could be platted, however, is the property owner willing to build that fire lane to the house that could be constructed would be the relevant question for your consideration. Commissioner Byerly questioned staff if the Commission wanted to make some waiver, could that be done on the plat or is it up to the Fire Marshal? Chris Fuller replied the Fire Marshal, and the fire lane is not a platting standard, it is a building permit standard. Commissioner Byerly questioned City Attorney Kailas regarding what is the time frame for this plat? Chris Fuller replied the clock starts once the application is complete as it does not meet the standards, however, staff received the revisions on Friday, July 6, therefore the Commission could continue until the next meeting and it would still be within the time frame. City Attorney Kailas replied as long as the application is not complete, then the time does not begin. Commissioner Redfearn questioned staff for clarity that there would be a long driveway for the fire lane in addition to the need for a turning radius at the end of it? Chris Fuller replied the Fire Marshal placed a stipulation on the plat for the turning around of the trucks. Commissioner Byerly questioned staff for clarity if this plat were approved, then that would be a condition and if they do not want to meet that condition, then it is approved and they can accept it or not? Chris Fuller concurred. Commissioner Phelps stated there are some lots adjacent to this lot that are not developed which might leave for the potential redevelopment of this area, although not a part of this request, it could happen in the future. Commissioner Byerly questioned staff if there are any limitations if this plat is not approved tonight. Chris Fuller replied no, other than having to apply for another application. City of Colleyville Page 3 Printed on 7/19/2007 Planning and Zoning Commission Minutes -Draft July 9, 2007 Commissioner Redfearn questioned staff if the plat were approved with the lot line going right through the house, does that present any complications if the owner were to decide they did not want to build on it? Chris Fuller replied there being options, if the plat were approved, and the house were to stay, it would be a legal non-conforming lot because the plat was approved that way while the house was existing. If the house stays, and they want to live in this house while they are building the new house, however, the two houses would not be able to remain on one lot and staff would ensure that would not occur. Commissioner Taylor stated the lots are so skinny and the Fire Department has already stated this lot would really not work and stated not being in favor of this approval. Commissioner Phelps stated in the past there has been a 500 foot distance from a point of access. Fire Chief Mike Johnston stated a fire hydrant would be required to be placed on this property as well as the fire .lane. He stated with the hydrant being on private properly that could pose issues as well. Commissioner Dudziak questioned staff regarding if a turn around for the fire trucks would be required? Chief Johnston replied yes. Commissioner Knox moved to deny case P-07-033. Commissioner Byerly seconded. Commissioner Knox stated there need to be some provisions for the fire lanes and turn around for flag lots and easements. There are too many issues regarding fire requirements. Commissioner Byerly stated the applicant needs to be present to tell the Commission they are willing to comply with the fire issues. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 8. TABLED AGENDA ITEMS 8a Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial property on Lot 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7970 Precinct Line Road, Case Z-07-023 Commissioner Phelps moved to remove case Z-07-023 from the tabled items. Commissioner Redfearn seconded. The motion carried by the following vote: City of Colleyville Page 4 Printed on 7/19/2007 Planning and Zoning Commission Minutes -Draft July 9, 2007 Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy Chris Fuller presented the case and briefed the Commissioners. Commissioner Taylor questioned staff regarding if there were new drawings submitted with the cross access requested by the Commission? Chris Fuller replied the applicant did submit new drawings but not with the cross access. Bryan Chandler, the applicant, came forward to present the request and brief the Commissioners. Commissioner Redfearn and Mr. Chandler discussed driveway placements. Mr. Chandler stated he would use the access point from Precinct Line Road as depicted on the approved site plan that has been platted. Commissioner Phelps questioned staff regarding if the existing driveway would require approval by another body other than the Planning and Zoning Commission and City Council? Chris Fuller replied it would require a driveway permit from TxDot. Mr. Chandler replied the approval from TxDot would not be an issue, however, he stated he was not able to get approval before this meeting. Commissioner Byerly questioned Mr. Chandler regarding where is the second access for the fire access? Mr. Chandler used the drawings provided to show the second access. Commissioner Byerly questioned Mr. Chandler if the access had been acquired from the adjacent church? Chris Fuller replied there is a landscape buffer between the edge of pavement and the church and it appears to go into the church parking iot. Commissioner Byerly questioned staff regarding how would a fire truck get between the landscape buffer? Mr. Chandler replied the landscape buffer could be removed and it could be paved. He stated there is no easement through the church parking lot, but that access abuts the church parking lot and that was the only way he had of providing the emergency fire exit. Commissioner Byerly questioned staff regarding what are the City's thoughts regarding his answer? Chris Fuller replied if the intent is to remove the landscape buffer and pave, it would not need to be shown on the plat, therefore reducing the open space requirements. He stated it would also need to be approved by the Fire Marshal. Commissioner Byerly questioned staff regarding the access issue, if there is not an easement in place? Chris Fuller stated the church could City of Colleyville Page 5 Printed on 7/19/2007 Planning and Zoning Commission Minutes -Draft July 9, 2007 barricade and not grant access, but he stated he would need to see the plat for the church. Mr. Chandler replied there is not an easement. Commissioner Taylor questioned Mr. Chandler regarding as to why if the church is only busy on one day, why is it such an issue to leave the cross access entrance? Mr. Chandler stated there could be traffic either way and stated the cross access is not necessary. Commissioner Taylor stated the cross access is there to help the businesses, sharing in business. Mr. Chandler stated there will be about 40 cars a day generated by his business, which would not have an impact on the gas station. Commissioner Taylor disagreed. Commissioner Taylor questioned Mr. Chandler regarding what products will generate the sales tax revenue? Mr. Chandler replied locks, boxes and moving supplies. Commissioner Dudziak questioned Mr. Chandler if there will be sales tax generated by the rental fees? Mr. Chandler replied no, not yet. Commissioner Redfearn questioned Mr. Chandler regarding what is the building setback? Mr. Chandler replied they are going to line up with the church. Commissioner Phelps questioned Mr. Chandler regarding the lack of open space, is there a way to accommodate the open space? Mr. Chandler replied staff has requested that the parking spaces be removed from the 40 foot landscaped area which will increase some of the open space area and more vegetation will be placed in that area. Commissioner Dudziak stated 20% is the goal, he questioned Mr. Chandler if there could be some unique feature that could be added? Mr. Chandler questioned Commissioner Dudziak if the facade does not add to that? Mr. Chandler stated he could look into something, but stated the vegetation along the sides would add to the features as well. Commissioner Dudziak stated he wanted to see more to trade off the extra 3% open space that is lost. Mr. Chandler stated the property has had issues with being sold for a more prime retail development. Commissioner Dudziak questioned if there could be something that could add to the decor of the project. Commissioner Taylor stated wanting to see a two tier landscape package that would enhance the look of the storage facility. She stated she wanted it to look like it fit in Colleyville's decor. Mr. Chandler replied he could look into his package. Commissioner Taylor questioned Mr. Chandler regarding if the entrance to the church could be blocked, but leave the entrance to the gas station, City of Colleyville Page 6 Printed on 7/19/2007 Planning and Zoning Commission Minutes -Draft July 9, 2007 could that work for the project, to be able to leave that cross access? Mr. Chandler replied the difficulty for that is for security, this is the only point of access to control. He stated there is not a way to make it work. Commissioner Byerly questioned Mr. Chandler regarding if an easement for the fire access has been received from the church? Mr. Chandler replied no, it is difficult for the church to grant an approval, their process is lengthy. He stated it not being required, he stated they meet the fire requirement. Fire Chief Mike Johnston stated the Fire Marshal is expecting to have two points of access on to any commercial property. He stated to the north, along the back drive to the gas station would be the best place for the second access. He stated a second access is required onto commercial property. He stated an access on the west side would suffice. Commissioner Taylor questioned Chief Johnston regarding it would suffice to have two accesses if the access from the gas station was put in? Chief Johnston replied yes. Commissioner Phelps stated he understood the concept for this project, however, he stated he wanted to see a fire access more conducive to an actual access and to meet the 20% open space requirement. He also stated the original PUD was there for a high traffic parking lot, very busy retail corner, which seems to fit with the gas station design. He stated this is plugging a gap and blocking traffic flow. He questioned if this type of use is what the City wants for this property? He questioned what other opportunities are there for a viable future development? Commissioner Taylor concurred and stated this is a viable business, but it should flow through between the businesses, at least one flow through from the gas station. She stated being in favor of one cross access from the gas station. Commissioner Byerly stated not seeing the need for a cross access for this business. He stated he would like to see the landscaping stay, and would be inclined to support the use and the lack of the cross access as long as an approval from TxDot is received and a second access point for fire access. He stated the open space requirement is not necessary for commercial, the 17% will suffice. Commissioner Dudziak stated the church would use it as a cut through to L.D. Lockett, and would use the gas station. He stated the cross access is what needs to be in place to allow for the flow of traffic. Commissioner Byerly stated the people leaving the storage facility or the City of Colleyville Page 7 Printed on 7/19/2007 Planning and Zoning Commission Minutes -Draft July 9, 2007 church can take a simple right hand turn onto Precinct Line and then another right hand turn into the gas station, therefore eliminating the need for the cross access on the storage facility property. Commissioner Redfearn stated there is a large paved area behind the gas station to allow for maneuvering which might meet the need for fire access. He stated the original design did dictate the need for the cross access, however, for this business, there does not appear to be a need for the cross access. Commissioner Phelps questioned Mr. Chandler if he would be willing to make the concession regarding the second access? Mr. Chandler replied what they presented was adequate according to the meetings with the Fire Marshal. He stated if there were a stipulation added to this that he meet with the Fire Marshal and satisfy his requirements, whether that be getting an easement from the church or whether it means putting some type of gates onto that facility where it can provide an additional access point, he stated making sure to get it done before moving forward to City Council. Commissioner Redfearn and Mr. Chandler discussed property lines. Commissioner Redfearn moved to approve case Z-07-023 with a provision added that should the applicant not receive permission from TxDot for the driveway, that somehow this would come back to the Commission for approval. City Attorney Kailas stated not to have it come back to the Commission, but to make a contingent plan, if not approved by TxDot, that it would comply with the cross access easements in the original PUD. Commissioner Byerly seconded and added an amendment that there be a second fire entrance that meets the approval of the Fire Marshal. Commissioner Knox stated the second entrance should be located at the northeast part of this development. He stated there are a lot of issues that have not been brought out with making that access next to the church because the church does not have a designated fire lane over on that side of their property, they have parking. There could be potential for cars being parked in the way. He stated the building has changed since last time it was presented, there is more building on the plan than originally seen. He stated the second entrance for fire access would be better served adjacent to the gas station. Chief Johnston concurred and stated there could be a gate on the northeast part of this development for security. Commissioner Phelps questioned Chief Johnston if the Fire Marshal takes into consideration the conditions of the adjacent properties? Chief Johnston replied yes. City of Colleyville Page 8 Printed on 7/19/2007 Planning and Zoning Commission Minutes -Draft July 9, 2007 Mr. Chandler stated they share a driveway easement with the church. He stated they can move their dumpster and could provide an access right there with the easement that is already shared and platted with the church on the south end of this property. Commissioner Byerly questioned staff regarding what is the distance between the two entrances? Chief Johnston replied not knowing at this time but stated he could meet with the applicant. Commissioner Redfearn questioned staff regarding if any stipulations should be put in place given that the Fire Marshal will have to approve them? Commissioner Byerly stated he wanted to give the Fire Marshal maximum flexibility regarding the fire access. Commissioner Redfearn accepted Commissioner Byerly's amendment. Commissioner Dudziak questioned staff regarding once this plat, the PUD, is approved, is the 24 foot rear entrance permanent? City Attorney Kallas stated since the second entrance will have to meet the Fire Marshal's approval, then that entrance will only stay if approved by the Fire Marshal. Commissioner Phelps questioned, for clarity, should this entrance not get approved by TxDot, the plat would use the previous site plan. Commissioner Phelps commented that the applicant has indicated the removal of parking spaces. He questioned staff regarding if the removal of the parking spaces should be considered as part of the motion? Chris Fuller concurred. Commissioner Phelps suggested the friendly amendment. Commissioners Byerly and Redfearn accepted the amendment. Commissioner Byerly restated the motion: Commissioner Redfearn moved to approve case Z-07-023 with the cross access easement applying if TxDot approval is not received for the curb cut, a second fire access approved by the Fire Marshal and with the removal of parking within the 40 foot landscape buffer and any other impervious surfaces. Commissioner Byerly seconded the motion. Commissioner Dudziak stated this property has not been desirable for a number of years, however, because of all of the developments for this area, this business is not a good use for this property. The motion failed by the following vote: City of Colleyville Page 9 Printed on 7/19/2007 Planning and Zoning Commission Minutes -Draft July 9, 2007 Aye: 3 -Knox, Redfearn, Byerly Nay: 3 -Dudziak, Taylor, Phelps Absent: 1 -Duffy Commissioner Phelps concurred with Commissioner Dudziak and stated there is an opportunity for a more desirable business. Commissioner Byerly disagreed and stated because this is between a church and a gas station, a high end retail strip center will not go here. He stated this type of business will work in this area and could possibly start the movement for new development. City Attorney Kallas stated if a consensus can not be made, it will have to be continued again. He suggested another vote to move the case along for the applicant. Commissioner Byerly questioned Mr. Chandler if he would rather the Commission continue this item until there is a full Commission or would he rather have the Commission deny the request and let the case move forward to City Council with a denial? Mr. Chandler stated not understanding fully, and questioned if Commissioner Duffy were present at the next meeting and someone else was absent, the same situation might occur. Commissioner Taylor stated she would be willing to change her vote. Commissioner Dudziak stated the cross access easement should still be in place. Commissioner Taylor stated it is not feasible for the applicant. Commissioner Dudziak stated that not being the Commission's pervue to decide. He stated the Commission is to hold to the design standards of the development code of the City. Commissioner Taylor made a motion to reconsider the vote for case Z-07-023. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Taylor, Byerly Nay: 2 -Dudziak, Phelps Absent: 1 -Duffy 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller discussed with the Commissioners regarding the workshop with the American Planning Association. He stated if they would like to attend, staff would make the reservations for them. He told the Commissioners there may be a workshop in September once the new Commissioners take their seats. He stated he would like to meet with City of Colleyville Page 10 Printed on 7/19/2007 Planning and Zoning Commission Minutes -Draft July 9, 2007 the Commissioners, maybe one on one, to discuss what the staff can do to meet the level of expectations regarding zoning, platting and development standards. 10. COMMISSIONERS' COMMENTS AND REPORTS None 11. ADJOURNMENT The meeting adjourned at 8:40 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, July 5, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 11 Printed on 7/19/2007 ~ ~~~-~' ~ 100 Main Street ~~~~,~~~` `` ~ ~ City ~f Co~~eyvi~~e Colleyville,Texas76034 .,, ' (817) 503-1000 "~"~ Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 07/23/2007 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Minor Plat for Lot 1, Block 2 of the Bransford Estates Addition on 1.8 acres in the O.C. Sturm Survey located at 5904 Bransford Road, Case P-07-034 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 07/23/2007 Planning and Zoning Commission Title Approval of a Minor Plat for Lot 1, Block 2 of the Bransford Estates Addition on 1.8 acres in the O.C. Sturm Survey located at 5904 Bransford Road, Case P-07-034 Explanation Paul Kramer is the developer of a 1.8 acre tract of land located at 5904 Bransford Road. The developer has submitted a request for approval of a minor plat that will consist of one residential lot. Zoning. The property was rezoned to R40-Single Family Residential district from R20-Single Family Residential district on July 17, 2007. The R40 zoning district requires a minimum lot width and lot depth of 150 feet, and a minimum lot area of 40,000 square feet. The proposed plat satisfies the development criteria of the R40 zoning district. Existing Conditions. The property is currently unplatted. There was an existing home on the property that the applicant recently demolished in order to construct a new single family home. Approval of a plat is required prior to the issuance of a building permit for a new residence on the subject tract. Drainage. A lot grading plan will be necessary at time of building permit for the construction of new homes. The Engineering Department will review and accept lot grading plans during the building permit process. Parkland Dedication Fees. Parkland dedication fees are not required for this plat as there City of Colleyville Page 1 Printed on 7/20/2007 Agenda Briefrng Continued was an existing home on the property at the time of plat application. Sidewalks and Trails. The Land Development Code requires the construction of a sidewalk on Bransford Road, which must be a minimum of five (5) feet in width and installed when any new structures are built on the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not required for this plat as there was an existing home on the property at the time of plat application. Tree Preservation. Trees not located within the building footprint must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 7/2012007 Location and Zoning Map 6101 , -;. ~ 918 04 j ,~, _ ;-~ 6100 ~ 04 6009 ~ `~'- ~~%'~ 512 51 604 ~=~i-~~~ 1 ~,~~~~~~~ ; 400 Site 4 6003 ;-' ~ 008 '~~004 ~ 405 600 00 { ~, F' 60Q1 513 601 609;609 7.01 705 09'g1C,~ ,- 59 ~r ~~o ~. ~ ~' R40 ~o~~ ~ ~~ 401 81 5901 h^ ~-''" U01 50b 512 600 608 61 704 ?08 ~' R20 581 500 800 59TS 5808 501 09 .13 01 =~05 X09 01 705 709 '71 D1 5712 57 70. 7 7 5704 504 r08 512 600 608 617 i 704 700 70 7D 5700 - _ ..700 704 70 r 70o AG ~` ~ oo .. . 50=~ 51.3 h01 F~09 6.12 5612 - - 613 613 70~ O1'0 3 608 ,606 5605 212 5608 00; 5 0 12, 6 00 q~ 1 1 OYICJ+ Od~~ DD« 5604 j ~~v i~ ~ 604 5604 5603 30 `'0 ~~. ~ ~ .. . ~..: ,.. ,. , ,~ 1 1 00 04 ~ ~~ . n ~. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 12, 2007 TO Paul Kramer FAX NO 817.329.8822 FROM Ron Ruthven, Development Coordinator SUBJECT P-07-034 Lot 1, Block 2, Bransford Estates The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide a note on the plat exhibit stating that existing structures will be removed. If existing structures will remain on the property, provide an outline of the existing structures in order to determine compliance with existing zoning requirements. 2. Show the location and dimension of all existing or proposed easements on the plat exhibit in accordance with Chapter 8 -Plat Review Procedures of the Land Development Code. 3. Provide a 10-foot wide drainage and utility easement along the north properly line. Contact Jeremy Hutt, Project Engineer, at 817.503.1094 for more information. 4. Revise the name of the plat. A "Bransford Estates Addition" plat currently exists. 5. Clearly indicate all distances, bearings and curve data on the plat. Some data is missing along the east property line fronting on Bransford Road. 6. Indicate the right-of--way for Bransford Road on the plat. 7. Show the right-of--way dedication on Bransford Road with cross-hatching. 8. Change the zoning designation on the plat for this property from R-20 to R-40. 9. Revise the 30-foot front yard building line to state 40-foot and make all off-site building line depictions to scale. 10. Additional fire hydrants may be needed. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 100 Main Street, Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-07-034 BRANSFORD ESTATES FINAL PLAT In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. There are no perimeter street improvement fees due since there is an existing house on the property. PARKLAND DEDICATION. There are no parkland dedication fees due since there is an existing house on the property.. SIDEWALKS. The Land Development Code requires sidewalks on Bransford Road. The sidewalk along Bransford Road must be a minimum of five (5) feet in width and installed when any new structures are built on the property. TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY Not required for this property as an existing house is located on the 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, July 23, 2007, 7:00 p.m. Please submit the following to our offices: A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the revised exhibit and one reduced copy (8.5 X 11). The above requested items must be submitted no later than noon on Tuesday, July 17, 2007, in order to make the scheduled hearings. Please contact me at nrthvenr{~r)ci.colle~wille.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 Moa ,Inc. Licen 'stared Prof eyors Texas • N a • Nevada David W. Myers, L.S.L.S., R.P.LS. John W. Morgan, R.P.L.S. Jason B. Rawlings, R.P.LS. City of Colleyville 100 Main Street Colleyville, Texas 76034 Attn: Ron Ruthven, Development Coordinator ~J ~~ s d g>< es nal rv ew Mexico • Arizon July 17, 2007 • Topography • Forensic Survey • Land Title Surveys • Any Size Boundaries • Construction Staking • Platting(Land Planning R'er• R©7-03 Eot 1, Efaclr 2, Eranstbr+~EstatesAdd~tiott M~nor~lat Dear Ron, This letter is in response to your comments letter datgci July 12, 2007 regarding the applicant's minor plat submittal: 1) The structures will be removed and a note has been added as requested; 3) A 10' drainage and utility easement has been added along the north boundary lines as requested; 4) The name of the addition has been changed as requested; 5) All bearings, distances and curve data are clearly shown; 6) The existing right-af--way lines far Bransfard itaad are Shawn according to previous plats and eun~ent deeds; 7) The proposedright-of-way dedication of Bransford Road has been cross hatched as requested; 8) The zoning classification has been changed to R-40 as requested; 9) The building line has been changed to 40' according to the new zoning classification; l OJ The applicant is aware of the passible need for an additional fire hydrant; l:n addition tv the above carnments, Paul Kramer of Castlegate Dames (Applicant) acknowledges and accepts the comments made regarding perimeter streeE improvements not being required, no parkland fees will be required, S' wide sidewalk wiU be required algae 8ransford, impact fees for water, sewer and roadway will lac assessed at time of building permit, and trees not located in the right-of-way must be protected during the construction phase. As always, we deem it pleasure to provide this infarrnatian to Calleyville staff and should you have any further questions or comments, please do not hesitate to call. Sincerely sabrnitted, David W. Myers dwm(a?,><noaksurveyo m cc: Paul Kramer, ttuilder/applicant RECEIVED ,.1~~L 1 9 207 Per .............' 1105 Cheek Sparger Road • Colk~vlik, Texas 76834=4152 • www.moaksut~veyars.eom • Metrn $1?=268=2321 • Fag $1?=2820401 Member Texas Society of Profiesaionai Sunrevora & American Congress on Surveying and Mapping ~ ~. D C 7 ~. ,..+ CSC ~.. c: ~~ ~~~u~ ~. ~~~ t ~~~ r~~~ ~~ ~~~ ~~ ~~~~ ~~~ ~~~~ ~r =r ~~ ~i# ~~~~ ~ ~tsi~ ~, C' (~t ~• H H !~ ~~~ ~~~ ~e. ;s ~ l~~ ~ a;~ li ~~6~ ~~ ~i ~c~ ~i ~j i f ~ x ~ ~ ~ ~~r# ~~ it ~E~~ ~~ t ~~: a •~ tb ;ail l :~ 1 5 ~ ~~ ~ ~'~ ~ ;~~ ~~t# ~~ ii jii~ ~ }K•a• a$,'~~ ~° ~~ o F ~ ~ t6 MI ~ r [E ~~ ~ ~ ~`~°c ~ ~~~ • w~ x 3~ ~ "~ ~ ~ ~ y ,~ ~g~ o = ~ ~ r' ~r ~~~ ~ ~ ~ ~ ~ ~~l ~~~ ~ d ~ ~~ }~~ ~_ ~ ~ y~N I Q Z l~~ ~ ~ ~ ,.. S _ ~ ~~~~- a 100 Main Street I,~4 ~ , ~ C qty of Co I I eyvi I I e Colleyville, Texas 76034 '~' (817) 503-1000 `"'"~ Agenda Brlefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 07/23/2007 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots AR and BR of the E.M. Thompson Subdivision and Lot 1 R, Block 1 of the Foster Addition located at 5204, 5224 and 5232 Colleyville Blvd. Attachments: Location and Zoning Map Notification List • Planning Objectives Development Review Committee Memo Applicant's Response Site Plan Building Elevations Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/23/2007 Planning and Zoning Commission Title Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots AR and BR of the E.M. Thompson Subdivision and Lot 1 R, Block 1 of the Foster Addition located at 5204, 5224 and 5232 Colleyville Boulevard, Case Z-07-026 Explanation The applicant is requesting to rezone 2.8 acres of land from CC1-Village Retail to PUDC-Planned Unit Development Commercial. The properties are located at 5204, 5224 and 5232 Colleyville Boulevard, which are located on the west side of Colleyville Boulevard between Church Street and Main Street. The properties currently contain a vacant lot, a dental office and a vacant sports bar, which is a single story structure that is currently unoccupied. The applicant is seeking a zoning change in order to develop the properties into a detached single story restaurant/retail building and a three story building with multi-tenant office and/or retail uses on the ground floor and residential units on the upper floors. The applicant is also requesting all uses allowed within the CC1-Village Retail zoning district. The applicant states that the residential portion of the development will consist of 30 condominium units that will be sold or leased. Platting. The subject property will be required to be replatted upon approval of the rezoning request. The applicant agrees with this requirement. City of Colleyville Page 1 Printed on 7/20/2007 Agenda Briefing Continued Lot Sizes. The PUDC standards require a minimum lot size of 7,000 square feet with no maximum lot size. All lots in the proposed PUDC request exceed the minimum standard. Open Space. The PUDC regulations require a minimum of 20% open space. This development proposes an open space area equal to 22.9% of the total development, exceeding the PUDC development requirement by 2.9%. The applicant states that there are no amenities proposed for the open space areas. Drainage. As required fora PUDC rezoning request, the applicant must submit a preliminary drainage analysis prior to approval. The applicant is requesting a waiver of the preliminary drainage analysis requirement until the replat for the property is considered. The PUDC-Planned Unit Development Commercial zoning designation will expire if a preliminary plat or preliminary drainage analysis is not approved within eight (8) months from the date of approval of this zoning request. As part of this project, the applicant proposes to construct water features in the Pleasant Run Creek. Staff recommends a description and timeline be associated with the proposed construction of the amenities. Fences, Walls and Screening. The developer proposes to construct a "Spanish Wall" along the west and north property lines. Given that the subject property abuts existing single family residential uses along the west property line, the wall is required to be a minimum of 8-feet in height. The applicant is also proposing a 10 foot greenbelt easement along Colleyville Boulevard. The Land Development Code requires one tree, with a three inch caliper minimum, to be planted for every 40-feet of frontage along Colleyville Boulevard and one shrub, 18 inches in height or five gallons minimum, for every 5-five feet of street right-of-way frontage. Therefore the applicant will have to plant a minimum of 15 trees along Colleyville Boulevard and 119 shrubs on the property. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUDC ordinance for the subject property. The Statement of Planning Objectives describes the nature of the proposed development, which includes a development schedule and a statement of development goals. A copy of the Statement of Planning Objectives is attached to this agenda briefing. Sidewalks. The sidewalk along Colleyville Boulevard must be at least 5-feet wide. The sidewalk must be installed when any new structures are built on the property. Site Plan. The developer has provided a conceptual site plan, which will be incorporated into the PUDC ordinance for the subject property. A copy of the proposed site plan is attached to this agenda briefing. The site plan shows 6,900 square feet of retail/restaurant for Building C. The site plan shows 12,300 square feet of retail/office, with a minimum of 50% of which will be sales tax generating retail for Building D. The second and third floors of Building D are proposed to contain a maximum of 30 residential condominium units with an average size of 930 square feet and a minimum size of 750 square feet. City of Colleyville Page 2 Printed on 7/20/2007 A enda Briefin Continued The applicant is providing a total of 189 parking spaces, which exceeds the minimum parking required by the Land Development Code for the uses proposed. All driveway approaches onto Colleyville Boulevard will require approval from the Texas Department of Transportation. Residential Density. The applicant proposes 30 condominium residential units to be located on the second and third floor of Building D. As proposed, the maximum number of units allowed will be 30, with a minimum of 750 square feet of floor area. The proposed residential density of the development is 15 units per acre, which exceeds the PUDC maximum residential density maximum of 1.8 dwelling units per acre. Exterior Building Elevations. The applicant has submitted exterior building elevations to be included in the ordinance for this property. The applicant states that the buildings will be designed to conform to "The Village at Colleyville's" architecture and that the building design will be required to be approved by The Village Architecture Control Committee. The building height of Building D is proposed to be over 67 feet at its highest point, which exceeds the maximum building height allowed in the PUDC zoning district (35 feet) by over 32 feet. Master Plan. The Colleyville Master Plan designates the future use of this area for retail land uses. The first floor satisfies this designation. State Highway 26/Colleyville Boulevard Corridor Design Study. In March 2002, the City Council passed a resolution accepting the recommendations of the study as a guide for the preparation of ordinances and the establishment of policies for the future redevelopment of State Highway 26. Goal 7 of the study states: "Where appropriate, developments should include a mix of uses, such as first level retail with second and third level residential, retail and office, and other similar mixes. Residential mixed-use developments should only be vertically mixed." Additionally, Concept 3, of the Major Design Concepts section, recommends that new developments, where possible, incorporate the tenets of "New Urbanism" and "Neo-Traditional" design These tenants include mixed use, pedestrian friendly developments that are architecturally enhanced and located close to the street. The study states that these tenants help to "create a stronger sense of identity and a more attractive corridor". Surrounding Development Trends. The surrounding properties are residential, retail, church and office uses. The properties to the west are developed as single family residential and the eastern boundary of The Village at Colleyville, which is currently a parking lot. The property to the north is developed as a church. The property to the east includes office uses and a new fire station. The property to the south is developed as a multi-tenant retail building. Public Notification. Staff notified 15 property owners within 200 feet of the subject City of Colleyville Page 3 Printed on 7/20/2007 Agenda Briefing Continued -- property 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 to date. Recommendation Approval, with the following condition: City of Colleyville Page 4 Printed on 7/20/2007 Location and Zoning Map Notification List OWNER_NAME OWNER_ADDR First Baptist Ch Colleyville 5300 Colleyville Blvd First Baptist Ch Colleyville 5300 Colleyville Blvd Hart, Kay Lynn Foster 5301 Pleasant Run Rd Allgood, Paul Richard 3815 Rufe Snow Dr Miller, Louis C Etux Elizabeth 7802 Tillman Hill Ct Unit B Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville Land Investors #1 99 Main St Ste 200 Barnard Partners Xiii Ltd PO Box 37206 Colleyville Land Investors #1 99 Main St Ste 200 Village Monticello Prtns Ltd 99 Main St Ste 200 Village Management Ltd 99 Main St Ste 200 Colleyville, City Of 100 Main St RCC Development Co., Applicar 99 Main St Ste 200 Nit Investors No 2 Ltd 99 Main St Ste 200 Adams, Anne Marie PO Box 337 OWNER_CI' STA OWNER SITUS_ADDR Colleyville TX 76034 005300 Colleyville Blvd Colleyville TX 76034 005312 Colleyville Blvd Colleyville TX 76034 005301 Pleasant Run Rd Fort Worth TX 76180 005307 Colleyville Blvd Colleyville TX 76034 005303 Colleyville Blvd Colleyville TX 76034 005301 Pleasant Run Rd Colleyville TX 76034 005217 Pleasant Run Rd Fort Worth TX 76117 005301 Colleyville Blvd Colleyville TX 76034 005201 Pleasant Run Rd Colleyville TX 76034 000014 Main St Colleyville TX 76034 000023 Mission Ln Colleyville TX 76034 005209 Colleyville Blvd Colleyville TX 76034 000026 Main St Colleyville TX 76034 005204 Colleyville Blvd Colleyville TX 76034 000000 Colleyville Blvd The Shops at Colleyville [RECEIVED Colleyville, Texas 'SUN 2 2 7 Statement of Planning Objectives [pet .,,... The subject of this zoning request is a 2.817 acre tract of land located on the west side of Highway 26 just north of Main Street in the City of Colleyville, Texas. The tract consists of three parcels, each of which is currently owned by different owners. Upon re-zoning approval, the properties will be re-platted into two separate lots. The properties are currently developed as a dental office, vacant sports bar, and vacant lot. The current zoning on the three parcels is CC-l. The adjacent land uses on the east, west and south side of the property are commercial, while the land use to the north is an existing church. This zoning request proposes to change the current CC-1 zoning to a Planned Unit Development (PUD). The proposed project will consist of one one-story building of 6,900 square feet and one three-story building of 45,000 square feet. The 6,900 square foot building will be leased or sold as a restaurant and/or retail building. The 45,000 square foot building will be leased out for office, retail, or restaurant uses on the lst floor, while the upper two floors will consist of 30 residential condominium units that will be sold or leased. The buildings will be designed to conform to The Village at Colleyville's ("The Village") Spanish/Mediterranean architecture. Due to its proximity to The Village, these buildings will provide a "front door" for The Village that invites traffic in from Highway 26. The buildings will create a presence on Highway 26 for The Village that it has not had. Contingent on engineering approval, it is our hope to eventually construct a pedestrian and/or vehicular connection from this project to The Village. In addition, as part of this project we intend to beautify Pleasant Run Creek with water retention and fountains in order to create apedestrian- friendly environment for both the residential and commercial users. The benefit these buildings will bring to The Village would be significant. Development Schedule The Shops at Colleyville will be approved for financing prior to re-zoning approval. Construction plans for the buildings will commence immediately upon zoning and platting approval. We expect to submit plans for building permits during the 4a' quarter of 2007. Economic Development Information The Shops at Colleyville will have 19,200 square feet of commercial space with an estimated value of $5,760,000 as well as 25,800 square feet of residential space valued at $6,450,000, resulting in an addition of $12,210,000 to the City's tax rolls. In addition, the commercial space should produce taxable sales of $4,800,000 annually. At the City's property tax rate of .3474 combined with the city's collection of 2% of taxable sales, the total increased revenue to the City of Colleyville resulting from this project should be approximately $138,417 annually. PUD Guidelines 1. Site plan and building elevations to conform to exhibits attached to the Ordinance; Building architecture is to be approved by The Village's Architectural Control Committee 2. Maximum building height is 3 stories 3. Maximum # of residential units is 30; A condominium declaration will be recorded with the Tarrant County plat records prior to issuance of a building permit 4. Minimum size of residential units is.750 square feet 5. Secured parking for residents at a minimum ratio of 1.75 reserved parking spaces per residential unit 6. Parking for commercial use shall have a minimum ratio of 1 space per 200 square feet of commercial space 7. Uses allowed: Residential and those uses allowed under the City's CC-1 zoning classification S. Buildings are required to have fire sprinkler and monitoring systems 9. Required Open Space is as shown on the attached site plan 10. A!1 driveways off of Highway 26 must be approved by TxDOT (RECEIVED JUN 2 2 2001 FPer..3~..... CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 11, 2007 To Jt~ttvtY ARCH FAX 817.424.2448 FROM Ron Ruthven, Development Coordinator SUB.IECT Z-07-026 CC1 to PUDC - 5204,5224,5232 Colleyville Blvd. 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. Submit a preliminary drainage analysis as required in Chapter 3 of the Land Development Code. This item will not be scheduled for Planning and Zoning Commission consideration until a preliminary drainage analysis has been reviewed by the Engineering Department. Contact Jeremy Hutt, Project Engineer, at 817.503.1094 for more information. 2. Any improvements to Pleasant Run Creek will require a separate drainage study prior to construction. Contact Jeremy Hutt, Project Engineer, at 817.503.1094 for more information. 3. The proposed driveway on State Highway 26 will require approval from the Texas Department of Transportation. Contact Jeremy Hutt, Project Engineer, at 817.503.1094 for more information. 4. The building will require a fire sprinkler system and alarm. Contact Rob McKeown, Fire Marshal at 817.488.6277. 5. Remove the property known as 5200 Colleyville Blvd. (Block 2, Lot 1, Foster Addition) from the site plan as the property is not part of this rezoning request. 6. Will any portion of the first floor of Building D be reserved for sales tax generating retail businesses? If so, how many square feet of the first floor? 7. Clarify the residential unit size on the Statement of Planning Objectives. Building D, minus the retail square footage, indicates a total of 32,700 square feet dedicated to the 30 residential units, thus allowing for an average unit size of 1,090 square feet. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-026 CC1 To PUDC 8. Change the site plan to show the outdoor terrace for Building C within the property boundaries of this development. 9. Provide a timeline for the construction of the amenities in the Pleasant Run Creek as stated in the Planning Objectives. 10. Provide a label indicating a 40-foot setback along State Highway 26 on the site plan. 11. Clearly indicate all open space areas on the site plan with shading orcross-hatching. 12. A replat of the subject properties will be required upon approval of the rezoning request. 13. Provide a detailed description of all amenities provided in the open space areas. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid maybe different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY Fees will be based on the proposed use, details of which 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. SIDEWALKS. The Colleyville Pathways Plan requires a sidewalk to be constructed along State Highway 26 where none exist. The sidewalk along Colleyville Boulevard must be at least 5-feet wide. 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 and $1,802 per acre for residential development. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, July 23, 2007, 7:00 p.m. City Council: Tuesday, August 21 and September 4, 2007, 7:30 p.m. Please submit the following to our offices: A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the revised exhibit; PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE Z-07-026 CC1 To PUDC ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Tuesday, July 17, 2007, in order to make the scheduled hearings. Please contact me at ruthvenr ~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 3 OF 3 July 18, 2007 Mr. Ron Ruthven Development Coordinator City of Colleyville Colleyville, Texas 76034 Dear Mr. Ruthven: We are in receipt of your DRC comments for Case Z-07-026 dated July 11, 2007 and we offer the following in response to the City's comments: 1. We request a waiver of the requirement of a drainage analysis. The property is located along Pleasant Run Creek and it is our intent to drain the subject properties directly into Pleasant Run Creek as they do today. We propose this requirement be waived until the re-platting process. 2. We acknowledge a drainage study will be required if any improvements are planned to be made to Pleasant Run Creek. 3. We acknowledge that any proposed driveway connections to Highway 26 will need to be approved by TxDOT. 4. We acknowledge that a fire sprinkler and alarm system will be required in the buildings. 5. See revised site plan for revision. 6. We are willing reserve 50% of the ls` floor space for sales tax generating businesses. 7. The exact square footage of the second and third floor may vary slightly depending on the final unit mix the market warrants. To clarify, we are requesting a maximum number of 30 residential units with each unit containing a minimum size of 750 square feet of conditioned space. Of course, there would be additional square footage in the building on the second and third floor dedicated to common areas such as hallways and staircases, which would increase the overall building area over that total area of all the units added together. 8. See revised site plan for revision. 9. The amenities in Pleasant Run Creek would be constructed in conjunction with the proposed project. 10. See revised site plan for revision. 11. See revised site plan for revision. 12. We acknowledge that a re-plat of the subject properties will be required. 13. There are no amenities planned in the open space of the subject property. However, we have permission from the neighboring property to add some amenities to Pleasant Run Creek, which does not fall within the boundaries of this property. These amenities include fountains, park benches, and a pedestrian path. Thank you for your consideration of this re-zoning request. Time is of the essence for us on this project due to contractual constraints with our land sellers. We appreciate you hearing this case at the July 23`d Planning and Zoning Commission meeting. If you have any questions, please feel free to contact me at the office at (817) 488-4200 ext.105 or on my cell at (817) 501-1061. Sincerely, Jimmy Archie COO Realty Capital Commercial Corporation ~ n~ o ~'~~ 0 0~ r o ~ s 0 0 y ~ i ~ ~ § ~ THE SHOPS AT COLLEYVILLE """°'°°'"`""`~"" `~'~ COLLEYVILLE, TEXAS ~gps~~,~, INC. 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 LOT AR AND BR, E.M. THOMPSON SUBDIVISION, AND LOT 1R, BLOCK 1, FOSTER ADDITION, FROM THE CC1-VILLAGE RETAIL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL 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 a rezoning under Case No. Z-07-026; 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 5 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 Lot AR and BR, E.M. Thompson Subdivision, and Lot 1R, Block 1, Foster Addition, from the CC1-Village Retail zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A". 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 PUDC is for office, retail and residential uses. 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 development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the preliminary plat. b. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B"; however the lot layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. c. The developer shall submit and receive approval from the City of Colleyville a Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 3. PERMITTED USES a. 30 residential units allowed on the second and third floor of Building D, on Exhibit "B". b. All uses allowed in the CC1 Village Retail zoning district. Ordinance 0-07-xxxx Page3of5 c. all uses shall be in accordance with the Conceptual Site Plan on Exhibit "B". 4. LOT REQUIREMENTS AND SETBACKS a. Lot requirements and building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "B", shall control where such building line setback is different from the Land Development Code. 5. OPEN SPACE a. This development shall provide a minimum of 22.9% common open space, as shown on Exhibit "B". All open space areas shall be landscaped and maintained by the property owner. b. The amount of landscaping on the property shall be in accordance with Chapter 4 Landscaping and Buffering in the Land Development Code. 6. BUILDING ELVEATIONS b. All exterior building elevation shall be in accordance with the Building Elevations, labeled as Exhibit "C". 7. SIDEWALKS AND PATHWAYS a. The sidewalk along Colleyville Boulevard shall be at least 5-feet wide. The sidewalk shall be installed when any new structures are built on the property. 8. SCREENING a. Where the property of this development abuts single family residential uses, a minimum 8 foot screening wall shall be constructed and maintained according to the Land Development Code. 9. PARKING a. Parking for residential units shall be calculated at 2 reserved parking spaces per dwelling unit. b. Parking for non-residential uses shall be in accordance with the parking requirements of the Land Development Code. c. This development shall contain not less than 189 parking spaces. 10. OTHER a. Any modification to the creek on the west side of the development shall be approved by the City of Colleyville. b. Residential units shall contain not less than 750 square feet of living area per dwelling unit. c. All residential units allowed by this ordinance shall be subject to the Ordinance 0-07-xxxx Page 4 of 5 rules and regulations of a single condominium regime. A copy of the condominium regime by-laws, approved and filed by the Tarrant County Clerk, shall be submitted prior to the issuance of a building permit on any residential unit. d. All buildings shall have fire sprinkler and monitoring systems. e. The maximum building height shall be 3 stories with a maximum height measurement of 68 feet f. This zoning ordinance shall be repealed if a preliminary plat or preliminary drainage analysis is not approved within eight (8) months from the date of approval of this zoning request. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Ordinance 0-07-xxxx Page 5 of 5 Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map NORTH Exhibit B -Conceptual Site Plan \~ ~ ~ H 'YiY s ~~ ~`° ~~ d g z s °`' ~ = c ~ C s o~ ~ ; , ~ ~ r r I ~n:. j r sltc'+'S~3=~". r ,~ / ~ ~' l --.F_. f / ! r i'%'K';.y5. it :i'~.G~j+~'j~+. y~Y :-;• f r •::i~~wti~tir ..yip •'•_ / r r :r r:.1Liiti' Li' ~ J r '~ ~ ~~ a` ...~ f l ;) fl I I (I I (I I i l I ~sxo~o$a~YVa1$ ^ cN~n~oc„-~~c. !S~ ~ ~ t ~ t ~~ ~ fi ~ ~ ~ a aa ~i R Exhibit C-Building Elevations a~ .. m ~~ ~ .* ~ : o EA ~~ ,~ ,~ ~~ ~ ~ o ~~ ~ ~ ~ ~ ~B ~ ~~ ~ ~' ~ ® ~ ~ ~ '~ ~.^1 ~~ ~ ~ ~ ~, ~ h ~ ~ ' ~ ~. . j ~ ~ ~ ~ ~ ~ THB SHOPS AT COI~EYYII.t~ r.~...,. »w...r~ ~ C~13EYVli1$1ffi~.4 ~irslxc. ', r'te'=`r 100 Main Street f `~ ~~ City of Colleyville Coll (817) 03X1000 034 . ~~~ www.colleyville.com ~-~~~~ Agenda Briefing File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 07/23/2007 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial 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-07-027 Attachments: Location and Zoning Map Notification List Development Review Committee Memo Applicant's Response Letter in Opposition Exhibit Site Plan Landscaping and Screening Requirements Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/23/2007 Planning and Zoning Commission Title Approval of a request for a zoning change from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial 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-07-027 Explanation Scott Van Doren has submitted a request to change the zoning of 1.9 acres located at 6513 and 6515 Colleyville Boulevard and 1700 and 1706 Tarrant Lane from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial for car wash uses including detail service, paintless dent removal, windshield repair and a Special Use Permit (SUP) for alcohol sales for off-premise consumption. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUDC ordinance for the subject property. The Statement of Planning Objectives describes the nature of the proposed development, includes a development schedule and a statement of development goals. A copy of the Statement of Planning Objectives is attached to this agenda briefing. Special Use Permit for Alcohol Sales. The proposed SUP for alcohol sales for off-premise consumption is being considered as a permitted use within the PUDC request City of Colleyville Page 1 Printed on 7/20/2007 Agenda Briefing Continued __ and, if approved, would be a part of the PUDC ordinance. The proposed SUP 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 of alcoholic beverages would not be permitted on the property. City Council approval of an amendment to the ordinance would be required to permit the sale of alcoholic beverages for the purpose of on-premise consumption. The Colleyville City Code requires that businesses that sell alcohol be located at least 300 feet away from churches, schools or public hospitals. A church exists at 1801 Tarrant Lane that is within the 500 foot notification boundary for the SUP. The front door of the proposed car wash will be required to be a minimum of 300 feet away from the front door of the church. Staff measurements, based on the site plan submitted by the applicant, find that the front door of the proposed car wash would be a minimum of 400 feet from the front door of the church. Platting. The subject property will be required to be replatted upon approval of the rezoning request. The applicant agrees with this requirement. Lot Sizes. The PUDC standards require a minimum lot size of 7,000 square feet with no maximum lot size. The lots in the proposed PUDC request exceed the minimum requirement. Site Plan. The developer has provided a conceptual site plan, which will be incorporated into the PUDC ordinance for the subject property. A copy of the proposed site plan is attached to this agenda briefing. The conceptual site plan includes the main building that consists of the wash tunnel, retail area and office. The wash tunnel will be 5,860 square feet and contain the actual car washing equipment. The retail area will be 3,503 square feet and includes the office. Additionally, it will contain the proposed alcohol sales as well as sales of coffee and assorted other retail items. The secondary structure on the site plan is the detail area. This will be 1,376 square feet and include indoor auto detailing and paintless dent repair. The paintless dent repair process will "use no power tools, no chemicals, no painting, no body ~~ fillers, and produces no vapors or any by-products . Staff recommends a condition in the proposed ordinance requiring all detail and dent repair activities be confined to inside the detail area building. According to the Land Development Code, 27 parking spaces are required for this development. The site plan shows a total of 22 parking spaces. The driveway approach onto Colleyville Boulevard will require approval from the Texas City of Colleyville Page 2 Printed on 7/20/2007 Agenda Briefing Continued Department of Transportation. Open Space. The PUDC regulations require a minimum of 20% open space. This development proposes an open space area equal to 31 % of the total development, exceeding the PUDC development requirement by 11%. The conceptual site plan submitted by the applicant shows a large landscape/water feature toward the front of the property that will contain an decorative aeration device, details of which were not specified by the applicant. The landscaped area will include a garden, sitting area, walking path and a two-hole putting green as well as various plantings around the property. Fences, Walls and Screening. Given that the surrounding properties are commercial, no screening is required according to the Land Development Code. The Land Development Code requires the planting of a minimum of one, three inch caliper tree for every 40 feet of street frontage. Staff recommends that the portion of the car wash tunnel entrance visible from State Highway 26 and the detail/storage building facing Tarrant Lane be screened according to the attached exhibit titled "Landscaping and Screening Recommendations". The dry and vacuum canopy will also have an, as yet unspecified, permanent screening element on the west side of the structure. The applicant states that he will provide more trees and landscaping than what is required by the Land Development Code but has submitted no details. Exterior Building Elevations. The applicant has not submitted any building elevations but has submitted an artist's rendering of the proposed main building. The artists' rendering has been attached to the proposed ordinance and staff recommends the exterior building elevations be required to conform to the exhibit provided by the applicant. Sidewalks. The sidewalk along Colleyville Boulevard must be 5-feet wide and the sidewalk along Tarrant Lane must be 4-feet wide. The sidewalk must be installed when any new structures are built on the property. Drainage. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed by the Colleyville Engineering Department. Construction plans for drainage improvements will be submitted as part of the platting process. Master Plan. The Colleyville Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the future land use plan. While there is currently no state sales tax for car wash services, sales taxes will be collected on alcohol sales along with any other merchandise sold on the property. 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 ML-Light Manufacturing and used as self-storage. City of Colleyville Page 3 Printed on 7/20/2007 Agenda Briefing Continued - Public Notification. Staff notified 34 property owners within 500 feet of the subject property 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 one letter in opposition to the request from the Ross Downs Estates Homeowners Association. Recommendation Approval with the conditions stated in the proposed ordinance. City of Colleyville Page 4 Printed on 7/20/2007 Location and Zoning Map Notification List OWNER_NAME 1904 Industrial 2P Lc 1904 Industrial Ltd 3 J Green Limited Partnership America's Storage America's Storage America's Storage America's Storage America's Storage Arroyo Norte Ltd Barukei EI I Ltd Boulevard Animal Hospital Pc Bowden, James David Cameron, David Etux Michelle Colleyville Area Chm Commerce Combined Enterprises lnc Conbined Enterprises Inc Ctl Properties Llc Ctl Properties Llc Davidson, C W Davidson, C W Davidson, C W Davidson, C W Dica Properties Ltd Flowers, Gregg W Etux Karol B Geneva Realty Management Graham, Jas W III Etux Angela Hart, Neil Etux Sherrie Kim, Kevin K McEntire, Kenneth G Etux Judy Moan, Michael Raymond Monterra Home Owner's Assoc Mooney,Antionetta O'Hanlon, Patrick Etux Ramona Peterson, Alan G Etux Jodi L Preston, G S Etux Deann M Reynolds, Lois Collins Schwob Investments Ltd Sparks Southwest Inc Sun Valley Properties Tres Rosas Ltd Tres Rosas Ltd Wilson, Kathy Wilson, Kathy Scott Van Doren, applicant Ross Downs HOA ADDR OWNER OWNER_CITY OWt OWNER SITUS_ADDR _ PO Box 742346 Dallas TX 75374 0019041ndustrial Blvd PO Box 742346 Dallas TX 75374 001900 Industrial Blvd 6620 Colleyville Blvd Ste 100 Colleyville TX 76034 006630 Colleyville Blvd 4228 N Central Expy Ste 300 Dallas TX 75206 006509 Colleyville Blvd 2911 Turtle Creek Blvd Ste 700 Dallas TX 75219 006511 Colleyville Blvd 2911 Turtle Creek Blvd Ste 700 Dallas TX 75219 006511 Colleyville Blvd 4228 N Central Expy Ste 300 Dallas TX 75206 006509 Colleyville Blvd 2911 Turtle Creek Blvd Ste 700 Dallas TX 75219 001801 Tarrant Ln 6516 Colleyville Blvd Colleyville TX 76034 006600 Colleyville Blvd 6409 Colleyville Blvd Colleyville TX 76034 006409 Colleyville Blvd 6413 Colleyville Blvd Colleyville TX 76034 006413 Colleyville Blvd 6516 Colleyville Blvd Colleyville TX 76034 006516 Colleyville Blvd 2003 Frances Dr Colleyville TX 76034 002003 Frances Dr 6700 Colleyville Blvd Colleyville TX 76034 006700 Colleyville Blvd 6607 Colleyville Blvd Colleyville TX 76034 001800 Industrial Blvd 6607 Colleyville Blvd Colleyville TX 76034 006607 Colleyville Blvd 312 W Northwest Hwy Grapevine TX 76051 006508 Colleyville Blvd 312 W Northwest Hwy Grapevine TX 76051 006500 Colleyville Blvd 22 Rhapsody Bend Dr The Woodlands TX 77382 006515 Colleyville Blvd 22 Rhapsody Bend Dr The Woodlands TX 77382 001700 Tarrant Ln 22 Rhapsody Bend Dr The Woodlands TX 77382 001706 Tarrant Ln 22 Rhapsody Bend Dr The Woodlands TX 77382 006513 Colleyville Blvd 1812 Industrial Blvd Colleyville TX 76034 001812 Industrial Blvd 6614 McMakin Ct Colleyville TX 76034 006614 McMakin Ct 1808 Industrial Blvd Colleyville TX 76034 001808 Industrial Blvd 6616 McMakin Ct Colleyville TX 76034 006616 McMakin Ct 1600 Glade Rd Colleyville TX 76034 006525 Colleyville Blvd 2000 Tarrant Ln Cotleyville TX 76034 002000 Tarrant Ln PO Box 224 Colleyville TX 76034 006608 Baker Ct 2002 Tarrant Ln Colleyville TX 76034 002002 Tarrant Ln 6707 Brentwood Stair Rd Fort Worth TX 76112 001699 Tennison Pkwy 404 Oak Valley Dr Colleyville TX 76034 006605 Colleyville Blvd 6606 Baker Ct Colleyville TX 76034 006606 Baker Ct 2001 Tarrant Ln Colleyville TX 76034 002001 Tarrant Ln 6604 Baker Ct Colleyville TX 76034 006604 Baker Ct 6604 Colleyville Blvd Colleyville TX 76034 006604 Colleyville Blvd 717 Red Ridge Rd Durango CO 81301 000000 Colleyville Blvd 1804 Industrial Blvd Colleyville TX 76034 001804 Industrial Blvd 5301 Sun Valley Dr Fort Worth TX 76119 006611 Colleyville Blvd 6516 Colleyville Blvd Colleyville TX 76034 000000 Colleyville Blvd 6516 Colleyville Blvd Cotleyville TX 76034 000000 Colleyville Blvd 211 Meadowlark Ln Duncanville TX 75137 000000 Colleyville Blvd 211 Meadowlark Ln Duncanville TX 75137 006609 Colleyville Blvd 3200 Bridle Lane Grapevine TX 76051 6607 Connie Lane Colleyville TX 76034 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 11, 2007 TO SCOTT VAN DOREN FAX 817.656.0447 FROM Ron Ruthven, Development Coordinator SUBJECT Z-07-027 CN to PUDC 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. Submit a preliminary drainage analysis as required in Chapter 3 of the Land Development Code. This item will not be scheduled for Planning and Zoning Commission consideration until a preliminary drainage analysis has been reviewed by the Engineering Department. Contact Jeremy Hutt, Project Engineer, at 817.503.1094 for more information. 2. Provide a detailed description of all automobile repair, maintenance and related services to be conducted on the property. If approved, only those services stated within the zoning ordinance will be permitted. 3. Storm water detention will be required on site but shall not exceed 25% of the designated open space area. Contact Jeremy Hutt, Project Engineer, at 817.503.1094 for more information. 4. The proposed driveway on State Highway 26 will require approval from the Texas Department of Transportation. 5. The building will require a fire sprinkler system and alarm. Contact Rob McKeown, Fire Marshal at 817.488.6277. 6. Additional fire hydrants maybe required and additional comments may needed when building plans are submitted. Contact Rob McKeown, Fire Marshal at 817.488.6277. 7. Provide a detailed description of all amenities provided in the open space areas, particularly in the water/landscape feature (adjacent to SH26). 8. Provide a description of the width and materials of the sidewalk located within the open space (garden) area. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-027 CN To PUDC 9. Do you intend to include the building elevations that were submitted for review into the proposed zoning ordinance? If not, provide exhibits of the proposed building design and/or a narrative description of the proposed design. If neither is available, exterior building elevations must be in accordance with the site design regulations within the Land Development Code. 10. Staffmay recommend that materials and colors of all buildings be similar. 11. Describe additional landscaping to be provided on site. Landscaping must be in accordance with Chapter 4 Landscaping and Buffering as described in the Land Development Code. 12. Will automobiles be stored on-site overnight? 13. Staffwill recommend that automobile queuing and storage not impede the right-of--way or fire lane. 14. Staff will recommend that the site plan and building design conform to City of Colleyville Ordinances that require a 300-foot distance from a place of business where alcoholic beverages are sold and a church (as measured from front door to front door). IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. 'The actual fee paid maybe different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY Fees will be based on the proposed use, details of which are available in Chapter 13 of the Land Development Code. WATER Fees may vary. Actual fee depends on water meter size and/or if a new meter is installed. SEWER Fees may vary. Actual fee depends on water meter size and/or if a new meter is installed. 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. SIDEWALKS. The Colleyville Pathways Plan requires a sidewalk to be constructed along State Highway 26 where none exist. The sidewalk along Colleyville Boulevard must be at least 5-feet wide. 'The sidewalks must be installed when any new structures are built on the property. PARKLAND DEDICATION FEES. Parkland dedication fees are not required. TENTATIVE PUBLIC HEARING SCHEDULE PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE Z-07-027 CN To PUDC Planning & Zoning Commission: Monday, July 23, 2007, 7:00 p.m. City Council: Tuesday, August 21 and September 4, 2007, 7:30 p.m. RESUBMITTAL REQUIREMENTS Please submit the following to our offices: ^ 1 copy of the site plan (explained above). ^ 1 reduced copy of your revised materials and any additional exhibits. The above requested items must be submitted no later than Monday July 16, 2007. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1055 or ruthvenr(a7ci.colleyville.tx.us if you have any questions. C: DEVELOPMENT REVIEW COMMITTEE PAGE 3 OF 3 iTY (~F COLI.EYViLLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE )ATE July 16"', 2007. R E C E I V E D ~u~ ~ ~ zoos SUBJECT :-07-027 CN to PUDC 6513 & 6515 Coileyvilie Blvd. and 1700 & 1706 Tarrant ln. P91' ~~~,,,~,~"~ the Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The foNowing :omments are for your consideration. 1. Submit a preliminary drainage analysis as required in Chapter 3 of the Land Development Code. This item will not be xheduled for Planning and Zoning Commission consideration until a preliminary drainage analysis has been reviewed by the :ngineering Department. Contact Jeremy Hutt, Project Engineer, at 817.503.1094 for more information. Completed: ~ 1:OOpm Monday, July 16'" 200?} ~. Provide a detailed description of all automobile repair, maintenance and related services to be conducted on the property. if approved, only those services stated within the zoning ordinance wilt be permitted. (Paint-less Dent Removal (Putt) as detailed ~-ithin the initial zoning request information. Windshield crack (star} repair and windshield wiper replacement servke wilt be ar+ovided.lAlindshiekistar repair ix the pW~cement of bond resin into the cracked windshield glass and aitowed to cure for 5 minutes. There are no emissions and is a to:aly "green" process, as wi:h the P.D.R. service being the most erwironrr+entaity friendly repair service available} 3. Storm water detention will be required on site but shall not exceed 2596 of the designated open space area. Contact Jeremy Mutt, Project Engineer, at 817.503.1094 for more information. (See preliminary drainage analysis & above Ili) 4. The proposed driveway on State Highway 26 wilt require approval from the Texas Department of Transportation. (Contacted Chuck Humphries & Rob DeGarna ~ TXDOT as of 11:42am & 11~9am, Monday, July 16th 2007} 5. The building will require a fire sprinkler system and alarm. Contact Rob McKeown, Fire Marshal at 817.488.6277. 6. Additional fire hydrants maybe required and additional comments may needed when building plans are submitted. Contact Rob McKeown, Fire Marshal at 817.488.6277. 7. Provide a detailed description of all amenities provided in the open space areas, partkularly in tfie water/landscape feature (adjacent to SH26). (The landscaped garden area may provide 1-2 seating areas & up to 2 Adults per seating arrea. The seatity material may be constructed of decorative wrought iron, decorative concrete, or decorative wood design. Adjacent to the garden area will be a 2 holed golf putting green passtbly consisting of Velvet Bent grass. approximately 10'X20' with wntroited access. The water feature will be a pond with a center spray feature approximately S teat high) 8. Provide a description of the width and materials of the sidewalk located within the open spate (garden) area. (Sidewalk(s) wi be 4' wide, with a thkkness of 4". Cortstruttion wtll consist of Portland cement concrete & #3 deformed reinforcing bar}. 9. Do you intend to include the building elevations that were submitted for review into the proposed zoning ordinance? if not, provide exhibits of the proposed building design and/or a narrative description of the proposed design. If neither is available, exterior building elevations must be in accordance with the site design regulations within the land Development Code. (Yes} 10. Staff may recommend that materials and colors of all buildings be similar. l1. [)6scribe additional landscaping to be provided on site. Landscaping must be in accordance with Chapter 4 landscaping and Suffering as described in the land Development Code. (Landscape will be in aceoniance with the Land pevelopmerrt Code) l2. Wil{ automobiles be stored on-site overnight? (There will be no outside storage of autorrrobiles) l3. Staff will recommend that automobile queuing and storage not impede the right-of--way or fire lane. l4. Staff wil! recommend that the sRe plan and building design conform to City of Colleyvilie Ordinances that require a300-foot iistance from a place of business where alcoholic beverages are sold and a church (as measured from front door to front door). The nearest school is Co!leyvitle Elementary at a distance of .8 mites or 4,224 feet. The nearest Church is First Baptist Church Cotleyvilk at a distance of 1.3 miles or 6,864 feet) IMPACT FEES. Water, hewer and roadway impact fees are due at the time a building permit is iswed for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provide for by a City-Devebper Agreement. ROADWAY Fees will be based on the proposed use, details of whkh are available in Chapter 13 of the Land Development Code. WATER Fees may vary. Actual fee depends on water meter size and/or if a new meter is installed. SEWER Fees may vary. Actual fee depends on water meter size and/or if a new meter is installed. tREE PRESERVATION. Trees not located within the right-of--way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the drip-line of the preserved trees. The protective fencing may be comprised of orange vinyl construction Fencing, chain link fence, erosion control fencing, yr other similar fencing. The fencing must remain in place during the entire construction period. SIDEWALKS. The Coileyvilie Pathways Pian requires a sidewalk to be constructed along State Nighway 26 where none exist. The sidewalk along Coileyvilie Boulevard must be at least 5-feet wide. The sidewalks must be installed when any new structures are built on the property. PARKLAND DEDICATION FEES. Parkland dedication fees are not required. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, July 23, 2007, 7:00 p.m. City Council: Tuesday, August 21 and September 4, 2007, 7:30 p.m. RESUBMiTTAL REQUIREMENT'S Please submit the following to our offices: ..1 copy of the site plan (explained above). ..1 reduced copy of your revised materials and any additional exhibits. The above requested items must be submitted no later than Monday July 16, 2007. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1055 or ruthvenr@~ci.coileyville.tx.us if you have any questions. ROSS DOWNS HOMEOWNERS ASSOCIATION Colleyville, Texas 76034 Michael T. Muhm Prnsident July 17, 2007 Dear City of Colleyville Planning & Zoning Commission: RE: Zoning Case Z-07-027 I am writing, representing the entire Ross Downs HOA Board of Directors, to express our deep concerns and disapproval of this project for a car wash and liquor sales. This PUD is very close to Ross Downs and is on the same road (Tarrant) that serves as the western gateway to our 320 home residential development. I will not be able to be in attendance on July 23`~ so wish to express these thoughts. We strongly feel it is not a desirable project for this particular area of Colleyville based on the following: • Is this really the "hi4hest and best" use of this parcel of land? Numerous other projects have been presented in or near this intersection of Colleyville Blvd and Tarrant that would presumably be a better "fit" for this parcel of land. While we know that retail establishments are desirable, this particular use hardly seems to be a good use for this location. • Does this PUDC `fit" with Citv's Master Plan for the HiQhway 26 corridor?_ It seems that this PUD, while the developer believes may be an "upscale" project, is not really a good fit for this corridor's high visibility. While it initially may be an attractive facility it is still a car wash.....lt would not be a stretch to see how this could become another future vacant convenience store like the one located at Colleyvilie Blvd & John McCain.....wasn't that going to upscale too?? • Lon_g Term Viability of business? We question the long-term viability of such an enterprise. Clearly there are numerous other car washes in a 2-3 mile drive from this site. Can the market area really absorb another ultra large, expensive car wash with the same trafhc counts and number of resident residents? Are Colleyville residents really asking to be able to buy beer/wine while they get their car washed? What happens when or if this business does not "make it"? Are we left with another large abandoned building dotting the largest single thorough fare in our City? This PUD only has a single use really ---- as a car wash. • What about the traffic situation? This is a two pronged issue really. The traffic on Tarrant and that on Colleyville Blvd. o Tarrant: It is an almost certainty that the primary means to access this facility from the east will be by driving directly thru Ross Downs neighborhood street which connect to Tarrant. There are numerous children playing in the area and the increase of whatever proportion of traffic counts increasing along Tarrant dramatically impacts the residents of Ross Downs. Unfortunately, the Ross Downs neighbofiood already seems to serve as a "short-cut" to Colleyville Blvd for a lot of traffic. At the first attempt by the applicant no traffic count information was mentioned or provided, as the assumption is there will be less than 1,000 trips - howeverthe traffic generated by the facility is likely to be considerable. o Collewille Blvd: What does the applicant and the Commission believe will be the impact on traffic now and when the Highway 26/Colleyville Blvd project starts? Unfortunately, it would seem to be easy to envision that even more traffic would have to access the facility via Tarrant -- and even more traffic snaking thru Ross Downs --- to try and reach the car wash as Highway 26 traffic flow will be congested, erratic, difficult and more of a pain to try and drive at various times of the day. This will all be a direct negative impact to residents of Ross Downs and other neighborhoods. Why allow a high traf>Fc business so close to a large single family residential neighborhoods? The P&Z Commission needs to really consider the guaranteed negative impact to the residents of Ross Downs and Highland Meadows neighborhoods. These two neighborhoods contain 600 homes, representing approx. 2,000 (about 8%) of the residents of Colleyville. As mentioned above, the traffic patterns will clearly effect these two neighborhoods as the patrons try to wind their way though the neighborhood streets to get a car wash and maybe a cold 6-pack or bottle of wine. The traffic will impact the neighborhoods during their business hours - 7 days a week. Are Beer 8 Wine sales really needed here?: Why in the world is their a need for liquor sales....at a car wash... so close to a residential neighborhood? It is really a stretch to understand the need for this in the community. Perhaps it is only because it is a high profit margin sale for the business. This seems to be just a short step from the "drive-thru° beer barn concept that used to frequent some outskirt locations in Tarrant county many years ago. AdditionaAy, I think this is a strong possibility that the alcohol sales could be pretty sign cant at this location as drivers simply stop in to pick up a 6-pack or bottle of wine instead of fight the traffic in going to Market Street or Race Track in Grapevine the only other alcohol selling locations in the area. In summary, the Board of Directors representing 320 homes and over 1,000 residents is strongly against approval of this PUDC based on the above reasons. We strongly disagree with the need for such a business so close to our neighborhood and object to the negative impact it will have on our residents home values, increased traffic and degraded quality of life. We strongly urge you NOT to approve this PUDC, Regards, ichael T. Muhm President RECEIVED ~s' j Fer ............. ,~ ~~ . F~4 ~ ~S. ~4Si. ~~~»,.,, .. ~';" ~;, ~, ~~ ~.. "'4.i 'a. ~yV, ] `~ ~, r~,,, ~ a ... ratm'w~w xoruiw uasc..eav~a'i«ara trv qua i O '~LII `S~~a~Ii~~.~j® ySeM ~e~ ~.d.d.S ; ~ € , i ~ ~ Q ~~ 3 ~~ ~~ jqq3] - ~97[ ~ ~i5 ~ ~2 ~3 Z 2 O N <J Landscaping and Screening Requirements ^ Area 1 (Special Screening Area of Car Wash Tunnel from SH 26) of frontage on SH 26, landscape ordinance requires a minimum of 3 trees and 26 shrubs. Landscaping and Screening Requirements: Double the amount of required trees and shrubs. Any existing tree(s) on the site that is an approved tree listed in the Land Development Code over 3 inches in caliper may be counted toward the total required. Additionally, any tree and shrub added in excess of what the ordinance requires may be taken from a scheduled planting located behind the building setback lines ^ Area 2 - 198 feet of frontage (133 on SH 26, 65 on Tarrant Lane), landscape ordinance requires a minimum of 3 trees on SH 26 and 40 shrubs total on SH 26 and Tarrant Lane. Landscaping and Screening Requirements: At a minimum maintain current landscape ordinance requirements or what the site plan already shows for proposed landscaping, whichever is greater. ^ Area 3 (Special Screening Area of Detail and Storage Area from Tarrant Lane) - 234 feet of frontage, landscape ordinance requires a minimum of 47 shrubs. Landscaping and Screening Requirements: Add twelve trees and double the amount of required shrubs. Any existing tree(s) on the site that is an approved tree listed in the Land Development Code over 3 inches in caliper may be counted toward the total required. Additionally, any tree and shrub added in excess of what the ordinance requires may be taken from a scheduled planting located behind the building setback lines ^ Area 4 - 73 feet of frontage, landscape ordinance requires a minimum of 15 shrubs. Landscaping and Screening Requirements: At a minimum maintain current landscape ordinance requirements or what the site plan already shows for proposed landscaping, whichever is greater. NOTE: All trees required shall be a minimum of 3 inch caliper. All shrubs shall be either 18 inches in height at the time of planting or 5 gallons. r v v ~' v a n m to ~~ cQ v ~~ ~~ f~ ~ ~E~1 ~~ ~ ~ ~~ , ~~ ~ ~ ~~~~ ~ ~~ t ~: o ~ ~~ ~ ~ ~ ~; ~ S,P.A. Car Wash I I®.Architects, Inc. 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 LOTS 1, 2 ,3 AND 4, BLOCK 1, C-D SUBDIVISION, FROM THE CN-NEIGHBORHOOD COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT AND SPECIAL USE PERMIT FOR ALCOHOL SALES FOR OFF-PREMISES CONSUMPTION ONLY; 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 rezoning under Case No. Z-07-027; 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 Ordinance 0-07-xxxx Page 2 of 4 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 Lots 1, 2, 3 and 4, Block 1, C-D Subdivision, from the CN-Neighborhood Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district and a Special Use Permit for Alcohol Sales for Off-Premises Consumption, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A". 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 PUDC is for a car wash, paintless dent repair, automobile detailing and windshield repair. 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 development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the preliminary plat. b. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B"; however the lot layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. c. The developer shall submit and receive approval from the City of Colleyville a Replat in accordance with the requirements of the Land Development Code prior to development of this PUDC. Ordinance 0-07-xxxx Page 3 of 4 3. OPEN SPACE a. This development shall provide a minimum of 31 % common open space, as shown on Exhibit "B". Ail open space areas shall be landscaped and maintained by the property owner. b. The fountain shown on Exhibit "B" shall consist of a working decorative aeration component that shall be in operation, at a minimum, during business hours. c. The distribution of landscaping on the property shall be in accordance with Chapter 4 Landscaping and Buffering in the Land Development Code unless required otherwise by this ordinance. 4. SIDEWALKS AND PATHWAYS a. 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. 5. SCREENING a. Landscaping and screening shall be in accordance with the Landscaping and Screening Requirements, labeled as Exhibit "D". b. The western portion of the structure noted as "Dry & Vacuum Canopy" on Exhibit "B" shall have a permanent, opaque colored wall to screen the inside of the structure from any eastern oriented view. 6. OTHER a. The exterior building design shall be in accordance with the Artist's Rendering of Building, labeled as Exhibit "C". 7. SPECIAL USE PERMIT FOR SALES OF ALCOHOL FOR OFF-PREMESIS CONSPUMPTION a. The hours of operation shall be limited to the following schedule: Monday -Friday: Saturday: Sunday: 8:00 a.m. - 6:00 p.m. 8:00 a. m. - 5:00 p. m. 9:00 a.m. - 4:00 p.m. b. The sale of alcohol shall be for off-premises consumption only. 8. PARKING a. This development shall be required to have 22 parking spaces. 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 Page4of4 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 NORTH Exhibit B -Conceptual Site Plan i ~ ~ ~ ~ ., .~ h!i ~ ~~ ~ li ~'~ [~~! ~ ili i 11 l~a m c c R v v 4 w tl z n ~_ oc ~ m a n z N Exhibit C -Artist's Rendering of Building Exhibit D- Landscaping and Screening Requirements ^ Area 1 (Special Screening Area of Car Wash Tunnel from SH 26) of frontage on SH 26, landscape ordinance requires a minimum of 3 trees and 26 shrubs. Landscaping and Screening Requirements: Double the amount of required trees and shrubs. Any existing tree(s) on the site that is an approved tree listed in the Land Development Code over 3 inches in caliper may be counted toward the total required. Additionally, any tree and shrub added in excess of what the ordinance requires may be taken from a scheduled planting located behind the building setback lines ^ Area 2 -198 feet of frontage (133 on SH 26, 65 on Tarrant Lane), landscape ordinance requires a minimum of 3 trees on SH 26 and 40 shrubs total on SH 26 and Tarrant Lane. Landscaping and Screening Requirements: At a minimum maintain current landscape ordinance requirements or what the site plan already shows for proposed landscaping, whichever is greater. ^ Area 3 (Special Screening Area of Detail and Storage Area from Tarrant Lane) - 234 feet of frontage, landscape ordinance requires a minimum of 47 shrubs. Landscaping and Screening Requirements: Add twelve trees and double the amount of required shrubs. Any existing tree(s) on the site that is an approved tree listed in the Land Development Code over 3 inches in caliper may be counted toward the total required. AdditionaNy, any tree and shrub added in excess of what the ordinance requires may be taken from a scheduled planting located behind the building setback lines ^ Area 4 - 73 feet of frontage, landscape ordinance requires a minimum of 15 shrubs. Landscaping and Screening Requirements: At a minimum maintain current landscape ordinance requirements or what the site plan already shows for proposed landscaping, whichever is greater. NOTE: All trees required shall be a minimum of 3 inch caliper. All shrubs shall be either 18 inches in height at the time of planting or 5 gallons. Exhibit D- Continued Landscaping and Screening Requirements r v a v ~' cQ v a m m ~' cQ sv i~~ Il ~ ~~~ ~ ~ ~1~~ ~ ~~ ; ~~~ ~ ~Di ~. ~ ~`~ ~ ~~ ,; , S'.P.A. Car Wash ®ArchitectS, Inc. ~~ , ~ ~~~'~'~~ C.Y.~uY.TSm ~ I .~,~.~~ ~. ~~._ l "`~. 100 Main Street ~,~p ~,~..~,~~~ City Of Co~~ey~i~~e Coll~81~7) 03X1000034 ~~ rr.,..~ Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 07/23/2007 Agenda No.: 8c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A 1, Block 2 of the Highland Acres Addition located at 5314 Bransford Road, Case Z-07-028 Attachments: Location and Zoning Map Notification List Planning Objectives Development Review Committee Memo Applicant's Response Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/23/2007 Planning and Zoning Commission Title Approval of a request to amend the PUDC-Planned Unit Development Commercial zoning district for the Colleyville Place Assisted Living facility on Tract A-1, Block 2 of the Highland Acres Addition located at 5314 Bransford Road, Case Z-07-028 Explanation The applicant is requesting to amend the existing PUDC-Planned Unit Development Commercial zoning ordinance for the Colleyville Place Assisted Living Center located at 5314 Bransford Road in order to change the state license class for assisted living facilities from Type A to Type B. No other amendments to the zoning ordinance are being requested. The original PUDC zoning ordinance for this assisted living facility, 0-02-1379, was approved in December 2002, and it allows for a maximum of 32 residents. The original ordinance stipulates that the state license be a Type A license only. The applicant has no plans to make any changes to the building or site and, as such, the originally approved site plan will not change. State Requirements. Assisted living facilities are regulated by the State of Texas through the Texas Department of Aging and Disability Services. The following are the State definitions for Type A and Type B assisted living facilities: Type A; In a Type A facility a resident: (A) must be physically and mentally capable of evacuating the facility unassisted. This may City of Colleyville Page 1 Printed on 7/20/2007 Agenda Briefing Continued include the mobile non-ambulatory persons such as those who are in wheelchairs or electric carts and have the capacity to transfer and evacuate themselves in an emergency; (8) does not require routine attendance during nighttime sleeping hours; and (C) must be capable of following directions under emergency conditions. TpYeB: In a Type 8 facility a resident may: (A) require staff assistance to evacuate the facility; (8) be incapable of following directions under emergency conditions; (C) require attendance during nighttime sleeping hours; or (D) not be permanently bedfast, but may require assistance in transferring to and from a wheelchair If the rezoning request is approved, the subsequent change in occupancy will require a complete inspection of facilities to determine compliance with all state and local codes with final approval required by the State of Texas Department of Aging and Disability Services, and the City's Building Official and Fire Marshall. Statement of Planning Objectives. The applicant has provided a written Statement of Planning Objectives that describes the proposed change in occupancy. A copy of the Statement of Planning Objectives is attached to this agenda briefing. Site Plan. The applicant has provided the conceptual site plan from the original PUDC ordinance and has not made any changes to the plan. Development Schedule. The applicant states that upon approval of the rezoning, the request for a Type B license from the State of Texas Department of Aging and Disability Services will be submitted to the State. Master Plan. The Colleyvil/e Master Plan designates the future use of this area for public/institutional uses. Surrounding Development Trends. The surrounding properties are residential, church, public park and office uses. The property to the west is developed as single family residential. The property to the north is developed as office and single family residential. The property to the east is developed as a public park. The property to the south is developed as a church. Public Notification. Staff notified 11 property owners within 200 feet of the subject property 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 to date. Recommendation Approval, with the following conditions: (1) The use of a certified third party entity, approved by the Building Official, to verify City of Colleyville Page 2 Printed on 7/20/2007 Agenda Briefing Continued compliance with the codes and statutes associated with the Type B license before the Certificate of Occupancy is issued. (2) The compliance inspection be paid for by the property owner. City of Colleyville Page 3 Printed on 7/20/2007 Location and Zoning Map 304 308 3.12 400 404 - 408. ...,.. ~~ 305 309 313 401 405 407 R 0 304 308 312 400 404 3D5 :309 R40 30n ~ 12 4D1 1 405 i i08 ~; ~ ~ Site 5111 51Dr R20 3 tP 510a 320 40D 404 300 1 5201 AG 5201 5109 :`5]05,..'. ' 5104 ,5~, r ... _ ... 'S.fOJ: ~51[~2. 3'f 01 5100 Notification List OWNER_NAME Colleyville, City Of Curry Investments Lp Roberts, Shirley A Valverde, Ricardo Etux Norma McClure, Billy J Etux Janice J Kiesling, Robert Etux Sandra Hall, Denise Lynn Teel, Van E Church Of Jesus Christ Lds Slater, John L Patsy Ray, applicant OWNER_ADDR 100 Main St 2107 Greenbriar Dr Ste B 101 Timberline St N 408 Timberline Dr N 404 Timberline St N 5316 Bransford Rd 407 Timberline St N PO Box 242 50 East North Temple 404 Timberline St S 5314 Bransford Rd. CITY STA' OWNEF SITUS_ADDR OWNER _ Colleyville TX 76034 005201 Bransford Rd Colleyville TX 76092 005318 Bransford Rd Colleyville TX 76034 000000 Timberline Dr N Colleyville TX 76034 000408 Timberline Dr N Colleyville TX 76034 000404 Timberline Dr N Colleyville TX 76034 000000 Timberline Dr N Colleyville TX 76034 000407 Timberline Dr N Colleyville TX 76034 000405 Timberline Dr N Salt Lake City UT 84150 005312 Bransford Rd Colleyville TX 76034 000404 Timberline Dr S Colleyville TX 76034 STATEMENT OF PLANNING OBJECTIVES: We would like to request a change in our zoning status, from Assisted Living Type A to Assisted Living Type B. In a Type B facility, a resident: (A) require staff assistance to evacuate; (B) be incapable of following directions under emergency conditions; (C) require attendance during nighttime sleeping hours; or (D) not be permanently bedfast, but may require assistance in transferring to and from a wheelchair. We have residents who have been with us for several years, whose health has declined. They now require staff assistance to evacuate and assistance in transferring to and from a wheelchair. They are not bedfast. Since we are familiar with their care needs, and have taken the needed steps to provide for these needs, the family would like for the residents to remain at Colleyville Place. None of our residents are bedridden, chronically disabled, invalid or pose a direct threat to the health, safety or welfare of themselves or others. Upon approval from the City of Colleyville, our organization would request a Type B License from the State of Texas. Patsy Ray, Adminis or ~~r RECEIVED JUN 2 !; 2uill Per ............. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 12, 2007 TO Patsy Ray FAX 817.503.1960 FROM Ron Ruthven, Development Coordinator SUBJECT Z-07-028 PUDC Amendment The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your rezoning request submitted to this office. The following comments are for your consideration. In Your Response Letter, Acknowledge the Following Information: 1. Before a change of occupancy can be approved, state law states the facility must pass inspection with regard to building code compliance which includes the following: • A report stating that the use/building is in compliance with the requirements of the Life Safety Code (state; DAD, recognized addition). • A report stating that the use/building is in compliance with the requirements of the 2003 International Building Codes (e.g. building, plumbing, mechanical, energy code etc.). • A report stating that the use/building is in compliance with the requirements of the Standards for Assisted Living Facilities Handbook. • A report stating that the use building is in compliance with the requirements of the 2002 National Electrical Code. • A report stating that the use/building is in compliance with the requirements of the NFPA 101. • A report stating that the use/building is in compliance with the requirements of the TDH Handicap Accessibility Requirements. • A report stating that the use/building is in compliance with the requirements of the DHS/DAD. • A report stating that the use/building is in compliance with the requirements of Tarrant County Public Health Department (contact Duane Barritt 817-321-4981). 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-028 PUDC AMENDMENT The preceding requirements may require the use of a certified third party entity, apart from the City and paid for by the properly owner, to verify compliance with the codes and statutes. Contact Bill Elliott, Building Official, at 817.503.1054 for more information. 2. The building shall meet all current state requirements if the zoning amendment is approved. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, July 23, 2007, 7:00 p.m. City Council: Tuesday, August 21 and September 4, 2007, 7:30 p.m. Please submit the following to our offices: ^ A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 copies of the revised Statement of Planning Objectives. The above requested items must be submitted no later than noon on Tuesday, July 17, 2007, in order to make the scheduled hearings. Please contact me at ruthvenra~ci.collejwille.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 ~olr!e~u~~e ~~ace yu~~ea! ~u~o~. 5314 Bransford Rd Colleyville, Texas 76034 817-427-2273 Colleyvilleplac@aol. com July 13, 2007 City of Colleyville Community Development Att: Ron Rutlzven: We acknowledge your letter dated July 12, 2007 and understand that we must pass inspection with regard to all of the necessary building code cornpliances. Thank you for your assistance concerning this matter. Pat Ray, Facility Administrator RECEIVED ,1UL ~. 3 2007 Per ..,~~1 ORDINANCE 0-07-xxxx AN ORDINANCE AMENDING ORDINANCE 0-02-1379 CONDITIONS, AND AUTHORIZING A CHANGE OF STATE LICENSE FROM TYPE A TO TYPE B; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-02-1379 on December 17, 2002, to establish the zoning of Tract A1, Block 2, Highland Acres; and WHEREAS, the applicant has requested an amendment to Ordinance 0-02-1379 to permit a change of state license for assisted living facilities from Type A to Type B, under Case Z-07-028; 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 Page2of3 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 amending Ordinance O- 02-1379 regarding permitted uses authorizing an assisted living facility. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of Tract A1, Block 2. Highland Acres, as depicted in the attached Exhibit "A". Sec. 4. THAT the above described tract of land shall be subject to the following amended condition: 1. GENERAL REGULATIONS FOR ASSISTED LIVING CENTER a. This facility shall be licensed from a Type A to a Type B Assisted Living Center by the Texas Department Aging and Disability Services as required by the Texas Health and Safety Code. Proof of such licensing shall be required prior to the approval of a change to the Certificate of Occupancy for this property. b. Prior to any change to the Certificate of Occupancy for the facility, an inspection, conducted by a certified third party entity paid for by the property owner and approved by the Building Official, shall be completed to verify compliance with the codes and statutes associated with the Type B license. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall Ordinance 0-07-xxxx Page3of3 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. Sec. 10. THAT Ordinance 0-02-1379 shall remain in full force and effect, except where amended by this ordinance. 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 304 3D8 3.12. 400 404 408 ' ~; Site 305 309 313 .401 405 467 304' 308 312. 400. 404 305 iU9 401 405 409 R40 5112 3108 308 312 :~L 376 SiD4 ;124.! 320 i ,~~ 400 404 ~ ~ , QUO 5201 AG 5201 5109 ~~, A~ 5104 S7D2 6fOD