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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-10/10/2016City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, October 10, 2016 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Elms PLEDGE OF ALLEGIANCE 1.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 2. APPROVAL OF MINUTES September 12, 2016 3.PUBLIC HEARING AGENDA ITEMS Planning and Zoning Commission Agenda October 10, 2016 City of Colleyville Page 2 3a Consideration of a replat on Lots 16 (South ½) & 17R, Block 1, of the Bettinger Place Addition, located at 6309 Bettinger Drive, Case PC16010 3b Consideration of a Special Use Permit for an Accessory Building larger than permitted on Lot 9, Block 2, of the BriarwoodColleyville Addition, located at 6001 Quality Hill Road, Case ZC16013 3c Consideration of an amendment to the PUD R Planned Unit DevelopmentResidential district to amend the front building line on Lots 19, Block 1, of the Carmel Place Estates Addition, located at 4916, 4912, 4908, 4828, 4824, 4820, 4816, 4812 and 4808 Carmel Place, Case ZC16015 3d Consideration of a zoning change from the AGAgricultural district to the R20 Single Family Residential district on Abstract 1756 of the A T Young Survey, Tract 1A01B, located at 216 W. Glade Road, Case ZC16016 4.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, October 7, 2016 by 5:00 p.m. Araceli Botello Planning Technician A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, September 12, 2016 City Council Chambers CALL MEETING TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by the Chairman Byerly on September 12, 2016, at 7:00p.m. Roll Call Present: Commissioners, David Wheelwright, Jason Elms, Jeff Byerly, Jim Gotcher, Don Davis, and David Phelps Absent: Commissioner Carel Tornes Staff Present: Shane Pace, Ben Bryner, Oscar Chavez, Rob McKeown, Chief Brian Riley, Araceli Botello, and Matthew Butler (City Attorney) 1. APPROVAL OF MINUTES Commissioner Phelps made a motion to approve the August 8, 2016 minutes as written. Commissioner Davis seconded. The motion to approve the August 8, 2016 minutes as written carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. 3. CONSENT AGENDA ITEMS 3a Consideration of a final plat on Abstract 1154, of the R.H. McEwing Survey, located at 8080 Precinct Line Road, Case PC16-005 Commissioner Phelps made a motion to approve Case PC16- 005. Commissioner Gotcher seconded. Planning and Zoning Commission Minutes September 12, 2016 City of Colleyville Page 2 The motion to approve carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly 4. PUBLIC HEARING AGENDA ITEMS 4c 4a Chairman Byerly requested to move agenda item 4c to the beginning of the agenda for the evening due to applicant’s request to table the item. There were no objections to this request. Consideration of an amendment to the PUD-R Planned Unit Development-Residential district on Lots 1-9, 10X, 11X, 12X, Block 1, Carmel Place Estates, located at 1301 Glade Road, Case ZC16-014 Chairman Byerly made a motion to continue Case ZC16-014 to the October 10, 2016 Planning and Zoning Commission meeting. Commissioner Gotcher seconded. The motion to continue Case ZC16-014 to the October 10, 2016 Planning and Zoning Commission meeting carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly Consideration of a Special Use Permit for an Accessory Building larger than permitted on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane, Case ZC16-012 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:08 p.m. The applicant, Ed Palluth, 1212 Holly Lane, came forward and briefed the Commission. John Perone, 1216 and 1220 Holly Lane, came forward and spoke in support of this case. There being no others present wishing to speak, the public hearing was closed at 7:15 p.m. Planning and Zoning Commission Minutes September 12, 2016 City of Colleyville Page 3 4b 4d Commissioner Davis made a motion to approve Case ZC16- 012. Commissioner Gotcher seconded. The motion to approve Case ZC16-012 carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly Consideration of a zoning change from the AG Agricultural district to the R-40 Single Family Residential district on Lot 2, Block 1, Morris Addition, located at 7201 Pleasant Run Road, Case ZC16-014 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:20 p.m. The applicant’s representative, Mark Assaad, 5000 Thompson Terrance, came forward and briefed the Commission. The following people wished to record their support but did not wish to speak: Support: Stephen Morris, 7201 Pleasant Run Road Waguih Guirguis, 7204 Waldon Court There being no others present wishing to speak, the public hearing was closed at 7:23 p.m. Commissioner Phelps made a motion to approve the Case ZC16-014. Commissioner Wheelwright seconded. The motion to approve Case ZC16-014 carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly Consideration of a zoning change from the R-40 Single Family Residential district to the R-30 Single Family Residential district on Lot 1R, Block 1, O. Martin Subdivision, located at 5601 Montclair Drive, Case ZC16-017 Shane Pace presented the case and briefed the Commission. The public hearing was opened at 7:28 p.m. Planning and Zoning Commission Minutes September 12, 2016 City of Colleyville Page 4 The architect, Roger “Skip” Blake, 1202 S. White Chapel Boulevard, Southlake, came forward and briefed the Commission. There being no others present wishing to speak, the public hearing was closed at 7:30 p.m. Commissioner Gotcher made a motion to approve Case ZC16- 017. Commissioner Davis seconded. The motion to approve Case ZC16-017 carried by the following vote: Aye: 6 – Wheelwright, Elms, Gotcher, Davis, Phelps, and Byerly 5. ADJOURNMENT The meeting adjourned at 7:30 p.m. The minutes were written and prepared by: Araceli Botello Planning Technician The meeting minutes were approved on___________, 2016 by a vote of ____. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 10/10/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a replat on Lots 16 (South ½) & 17R, Block 1, of the Bettinger Place Addition, located at 6309 Bettinger Drive, Case PC16-010 Explanation Douglas and Peggy Finely, the property owners, request approval of a replat for the Bettinger Place Addition on approximately 0.50 acres. The applicant proposes to combine Lot 17 plus the south half of Lot 16 to the north to construct one new single family home. Existing Conditions/Background: The subject property is zoned R-10 Single Family Residential district and is generally located on the east side of Bettinger Drive, east of Westcoat Drive and north of White Drive. The subject property is currently undeveloped. One single family residence with accessory structures was demolished in August 2015. The applicant has indicated intent to construct one single family home on the subject property. The R-10 zoning designation was deleted from the Land Development Code on December 3, 1974, by Ordinance O-74-189. At this time any properties zoned R-10 transitioned into a legal non-conforming status. Unless and until a rezoning request is submitted on the subject property it may retain the legal non-conforming status, as long as it meets the requirements of the R-10 district as listed below. It should be noted, that the majority of the Bettinger Place subdivision has developed in a manner commensurate to the R-20 district. The replat up for consideration, proposes to combine one and one-half lots for a total gross area of 22,003 square feet. Lot Dimensions and Setbacks: The subject property is zoned R-10 Single Family Residential district. Per the zoning ordinance in place in 1974, the R-10 zoning regulations require the following standards: Minimum Lot Area: 10,000 square feet Minimum Lot Width: 75 feet Minimum Lot Depth: 100 feet Minimum Front Yard Setback: 30 feet Minimum Side Yard Setbacks: 8 feet Minimum Rear Yard Setback: 25 feet Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Maximum Lot Coverage: 30 percent As submitted, the proposed plat meets all of the requirements of the Land Development Code. Surrounding Development: The properties to the north, south, east, and west are zoned R-10 Single Family Residential district and developed with single family homes. Fees: Park Land Dedication Fees are required prior to filing the plat for record, in the amount of $1,802 per residential lot. Impact Fees are also required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit if more than one residence is constructed in the future after the demolition of the structures currently on the subject property. Tree Preservation: The proposed subdivision must comply with Chapter 5 (Tree Preservation) of the Land Development Code. A Tree Removal Permit and associated Tree Preservation Plan must be approved prior to the removal of any tree, prior to site grading or dirt disturbance, or prior to new construction on the subject property. In addition to the requirements for approval of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the required percentage of existing protected tree canopy coverage as specified in Chapter 5, unless or until the Planning and Zoning Commission formally grants a waiver to the required preservation. Staff has received a preliminary tree survey and it appears the project will maintain compliance with the Land Development Code. Sidewalks: A minimum five-foot wide sidewalk is required along Bettinger Road with the construction of any residential structure. Drainage and Stormwater Runoff: As required by the Land Development Code, preliminary drainage plans have been submitted with the proposed plat. Water and sanitary sewer services are available to the property. The developer is responsible for the extension of any water and sewer service lines to the individual lot as part of the development process. Public Notification: Staff mailed notices to all property owners within 200 feet of the subject property. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff has received no correspondence to date. Staff Recommendation: The proposed replat meets the requirements of the Land Development Code, staff recommends approval. Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 3 Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Plat Exhibit 4.Notification Map 5.Notification List B E T T I N G E R 6504111 6313 6316 63046300 630863056304 205 6312 6309 6308 6301 6316 6321 6320 640064006405 6314 6312 6309 6313 6317 6305 6303 6301 200 6320 201 PC16-010 6309 BETTINGER DRIVE Subject Property I 1 inch = 104 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP B E T T I N G E R R-10 RE PUD-R 6504 111 6313 6316 63046300 630863056304 205 6312 6309 6308 6301 6316 6321 6320 640064006405 6314 6312 6309 6313 6317 6305 6303 6301 200 6320 201 PC16-010 6309 BETTINGER DRIVE Subject Property I 1 inch = 104 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP W H I T E W E S T C O A T B E T T I N G E R 6300 6313 6304 6316 6301 630863056304 6312 6309 6308 6316 6320 640064006405 6314 6312 6303 6301 6321 6216 111 6305 6317 6309 6313 6504 6320 6216 205 204 6213 6401 6303 6317 6313 101 201 6401200 PC16-010 6309 BETTING ER DRIVE Subject Property Buffer within 200ft Properties within 200ftI1 inch = 10 4 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address CHLAD, JASON R 6312 BETTINGER DR COLLEYVILLE, TX 76034 6312 BETTINGER DR CLINE, BOBBIE L 6316 BETTINGER DR COLLEYVILLE, TX 76034 6316 BETTINGER DR LAFORNARA, LEWIS 6305 BETTINGER DR COLLEYVILLE, TX 76034 6305 BETTINGER DR HOFMANN, NANCY C 6400 WESTCOAT DR COLLEYVILLE, TX 76034 6400 WESTCOAT DR CEPAK, BENNETT 6301 BETTINGER DR COLLEYVILLE, TX 76034 6301 BETTINGER DR FINLEY, PEGGY 1701 MCCAIN RD COLLEYVILLE, TX 76034 6309 BETTINGER DR ROBERTS, CORY 6314 WESTCOAT DR COLLEYVILLE, TX 76034 6314 WESTCOAT DR DOODY, KEVIN J 1109 SOMERSET BLVD COLLEYVILLE, TX 76034 6312 WESTCOAT DR CALHOON, CHRISTOPHER 6308 WESTCOAT DR COLLEYVILLE, TX 76034 6308 WESTCOAT DR BLOCKER, DOROTHY J 6313 BETTINGER DR COLLEYVILLE, TX 76034 6313 BETTINGER DR COPENHAVER, PAUL D 6300 BETTINGER DR COLLEYVILLE, TX 76034 6300 BETTINGER DR JOHNSON, CRYSTAL 6308 BETTINGER DR COLLEYVILLE, TX 76034 6308 BETTINGER DR TURNER, JOSEPH 6316 WESTCOAT DR COLLEYVILLE, TX 76034 6316 WESTCOAT DR WALTON, KIMBERLY A 6320 WESTCOAT DR COLLEYVILLE, TX 76034 6320 WESTCOAT DR POTTER, CAMERON 6304 BETTINGER DR COLLEYVILLE, TX 76034 6304 BETTINGER DR NORTON, JOHN J 6304 WESTCOAT DR COLLEYVILLE, TX 76034 6304 WESTCOAT DR COMIER, JAMES 6303 BETTINGER DR COLLEYVILLE, TX 76035 6303 BETTINGER DR REMINGTON PARK HOA 5751 KROGER DRIVE KELLER, TX 76244 COURTESY NOTICE MATT HIBBIT 8241 MID CITIES BLVD, SUITE102NORTH RICHLAND HI 76182 APPLICANT KELLER ISD 350 KELLER PARKWAY KELLER, TX 76248 STATE LAW REQUIRED GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, September 23, 2016 by Araceli Botello Notification List City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 10/10/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for an Accessory Building larger than permitted on Lot 9, Block 2, of the Briarwood-Colleyville Addition, located at 6001 Quality Hill Road, Case ZC16-013 Explanation Michael Meierhofer, the applicant, has submitted a request for a Special Use Permit (SUP) to construct an approximately 1,966 square foot accessory building at 6001 Quality Hill Road. The SUP is being requested because the total square footage of the accessory building will exceed the maximum square footage allowed. Existing Conditions/Background: The subject property is zoned R-20 Single Family Residential district and generally located on the east side of Quality Hill Road and north of L.D. Lockett Road. The subject property is a platted lot of the Briarwood Addition and currently developed with one single family home and one 120 square foot accessory building which is proposed to remain. Proposed Special Use Permit Request: Request – The applicant is requesting approval of a Special Use Permit to allow for the construction of an accessory building which will exceed the maximum square footage permitted. The applicant plans to construct a 1,966 square foot accessory building on the rear portion of the property, approximately 10 feet eight inches (10’8”) from the rear property line, and seven (7) feet from the southern side property line. The accessory building will be located entirely behind the primary residence and access will be provided via a new extension to the existing driveway. The proposed height is 28 feet six inches (28’6”) to the highest roof ridge Ordinance – Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code establishes the maximum size and number of accessory buildings permitted on a residential lot: “2. Maximum Size and Number of Buildings: 1.The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 shall not exceed the maximum square footage specified in the following table. 1.For the purpose of this Section, the size of an accessory building shall be the square footage of the building footprint. 2.An application to exceed the total square footage shown in the above table may be approved as a Special Use Permit (SUP).” Section 3.27 Accessory Buildings and Residential Carport Regulations also establishes the maximum height allowed for accessory buildings permitted on a residential lot: “4. Maximum Height: No accessory building shall penetrate a vertical height envelope defined as being a point five feet from a side or rear lot line and extending vertically 8 feet to a point, then extending at a 45o angle to the height of the primary building.” Analysis – The proposed accessory structure does not comply with the following provisions of the Land Development Code: 1. Section 3.27(A)2 – Maximum Size and Number of Buildings: For lots under .5 acre in size, the maximum size allowed for all accessory buildings on the site is 750 square feet. The subject property is 21,518 square feet or 0.49 acres and currently contains one 120 square foot accessory building. The proposal up for consideration requests to construct a second accessory building, 1,966 square feet in size. The total for both accessory buildings will be 2,086 square feet. This total exceeds the maximum 750 square footage allowed by 1,336 square feet. It should also be noted that the building footprint will be 1,966 square feet. However, based on the building plans submitted, the proposed structure will have approximately 3,000 square feet of floor space between the first and second floors. 2. Section 3.27(A)4 – Maximum Height: The proposed accessory building penetrates the vertical height envelope at the rear of the property. In essence, this requirement establishes the maximum height of an accessory building in relation to the distance from a property line. To better illustrate this requirement, an accessory building may be located five feet from a side or rear lot line (given it is located completely behind the primary structure) and be a maximum of eight-feet tall. For every one-foot in height that an accessory building exceeds the Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 3 eight foot requirement, the building must be moved one-foot farther away from the property line. Alternatively, if the building exceeds the eight-foot height requirement, the roof line may be constructed at an angle not exceeding 45o to the highest point. The proposed accessory building is located 10 feet, eight inches (10’8”) from the rear property line. Based on this location the building can be a maximum of 13 feet, eight inches (13’8”) tall. The proposed structure is 28 feet six inches (28’6”) tall. Thus exceeding the permitted height by 14 feet, eight inches (14’8”). The proposed accessory building complies with all other requirements of Section 3.27. The site plan and elevations have been included as attachments. Surrounding Development: The surrounding properties to the north, south, east, and west are zoned R-20 Single Family district and developed with single family homes. Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The applicant proposes to construct a detached accessory building which will exceed the total combined square footage and maximum height allowed by the Land Development Code. Given the size, height, and location of the proposed structure along with the degree of noncompliance with Section 3.27 of the Land Development Code, staff recommends denial of the request. Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Statement of Planning Objectives 4.Site Plan 5.Elevations 6.Notification Map 7.Notification List 8.Draft Ordinance QU A I L S Q U A L I T Y H I L L CHAPARRAL RIDINGWOOD WILLIAMS 400404 6004 6000 500 5912 59085908 6000 5912 6001 6005 5909 6009 6004 6005 6001 6009 6005 6001 5913 5909 5913 5909 6021 6010 5905 5904 31761016017 3136105 309 5904 6013 ZC16-013 6001 QUALITY HILL ROAD Subject Property I 1 inch = 104 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP QU A I L S Q U A L I T Y H I L L CHAPARRAL RIDINGWOOD WILLIAMS R-20 PUD-R 400404 6004 6000 500 5912 59085908 6000 5912 6001 6005 5909 6009 6004 6005 6001 6009 6005 6001 5913 5909 5913 5909 6021 6010 5905 5904 3176017 3136105 309 5904 6013 6101 ZC16-013 6001 QUALITY HILL ROAD Subject Property I 1 inch = 104 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP 15'-0" 58'-0" 27'-0"10'-0" 40'-0"38'-0" 20'-6" 7'-0" 10'-8" Existing Pool A-4-Elevations7/1/2016 STAFF STAFFPOOL HOUSE ADDITION 1616(972) 253-2198 fax (972) 251-1330 phone info@ldaarchitects.net Larsen Dye Associates Architects 114 W. Irving Blvd.Irving, Texas 75060-2917 Meierhofer Residence 28 ' - 6 " Pe r C i t y Co m m e n t s Q U A I L S Q U A L I T Y H I L L C O L T S N E C K C H A PA R R A L RIDINGWOOD WI LLIAMS H U N T E R 400404 6004 500 6000 5909 5909 6009 5904 6005 5905 5905 5904 6001 5912 59085908 6000 5912 6001 6009 6004 6005 6001 5909 5913 6005 5913 590159015900 6021 6000 6008 6004 5901 5916 6012 5912 5908 5904 6013 6017 6101 6105 6010 5800 6000 6004 6008 317 313 309 5900 6009 305 ZC16-013 6001 QUALITY HILL ROAD Subject Property 200ft Buffer Properties within 200ftI1 inch = 12 5 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address MEIERHOFER, MICHAEL 6001 QUALITY HILL RD COLLEYVILLE, TX 76034 6001 QUALITY HILL RD GEORGE, JAMES P 5908 QUALITY HILL RD COLLEYVILLE, TX 76034 5908 QUALITY HILL RD KIEWEG, KENNETH 5912 QUAILS PATH COLLEYVILLE, TX 76034 5912 QUAILS PATH GARVIN, BILLY RAY 5908 QUAILS PATH COLLEYVILLE, TX 76034 5908 QUAILS PATH SCHEPPY, EDWIN C 400 CHAPARRAL ST COLLEYVILLE, TX 76034 400 CHAPARRALL ST WHITE, DARYL H 5909 QUALITY HILL RD COLLEYVILLE, TX 76034 5909 QUALITY HILL RD FITZPATRICK, ALVIN A 404 CHAPARRAL ST COLLEYVILLE, TX 76034 404 CHAPARRALL ST COLLINS, ROBERT 5912 QUALITY HILL RD COLLEYVILLE, TX 76034 5912 QUALITY HILL RD LAND, KELCEY J 6004 QUAILS PATH COLLEYVILLE, TX 76034 6004 QUAILS PATH FREEMAN, FREDERICK D 5913 QUALITY HILL RD COLLEYVILLE, TX 76034 5913 QUALITY HILL RD KIDWELL, MARK D EST 6005 QUALITY HILL RD COLLEYVILLE, TX 76034 6005 QUALITY HILL RD USRY, CONRAD MORRIS 6000 QUAILS PATH COLLEYVILLE, TX 76034 6000 QUAILS PATH CHWA, RICHARD 6000 QUALITY HILL RD COLLEYVILLE, TX 76034 6000 QUALITY HILL RD ZEBROWSKI, MARK SHAVER 6004 QUALITY HILL RD COLLEYVILLE, TX 76034 6004 QUALITY HILL RD REMINGTON PARK HOA 5751 KROGER DRIVE KELLER, TX 76244 COURTESY NOTICE MEIERHOFER, MICHAEL 6001 QUALITY HILL RD COLLEYVILLE, TX 76034 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, September 23, 2016 by Araceli Botello ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 9, BLOCK 2, OF THE BRIARWOOD-COLLEYVILLE ADDITION, LOCATED AT 6001 QUALITY HILL ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for and accessory building under Case No. ZC16- 013; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Ordinance O-16-XXXX Page 2 of 4 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for an Accessory Building on Lot 9, Block 2, of the Briarwood-Colleyville Addition, located at 6001 Quality Hill Road, as depicted on the attached as Exhibit “A”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the construction of an accessory building. b. The accessory building shall not exceed 1,966 square feet in size. c. The accessory building shall not exceed 28’6” in height. d. The accessory building shall be consistent with the building elevations as depicted on the attached Exhibit “C” Ordinance O-16-XXXX Page 3 of 4 e. The accessory building may not be used as an accessory dwelling unit. f. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of November 2016. The second reading and public hearing being conducted on the 15th day of November 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 15TH DAY OF NOVEMBER 2016. Ordinance O-16-XXXX Page 4 of 4 Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Site Plan Exhibit “C” – Elevations City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3c Agenda Date 10/10/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of an amendment to the PUD- R Planned Unit Development-Residential district to amend the front building line on Lots 1-9, Block 1, of the Carmel Place Estates Addition, located at 4916, 4912, 4908, 4828, 4824, 4820, 4816, 4812 and 4808 Carmel Place, Case ZC16-015 Explanation Update: At the September 12, 2016 Planning and Zoning Commission meeting the applicant requested to table this item. The applicant has revised the PUD-R amendment request and all supporting materials. The agenda briefing below reflects the current request up for consideration. Russell Slovak, the applicant, has submitted a request to amend the PUD-R (Planned Unit Development Residential) zoning on approximately 6.42 acres, known as Carmel Place Estates. As requested, the amendment would revise the Front Building Line from 30 feet to 20 feet on all nine residential lots within the subdivision. The intent of the amendment is to provide a greater buildable area for the lots which are encumbered by floodplain. The applicant is not requesting any additional amendments to the PUD-R ordinance. Existing Conditions: The subject property is currently platted as the Carmel Place Estates Addition and generally located south of Glade Road and west of Bluebonnet Drive. The subject property consists of nine residential lots, and three open space lots. Zoning: The subject property is currently zoned PUD-R (Planned Unit Development Residential). The subject property was rezoned from the AG (Agricultural) district to PUD-R in February of 2008 by Ordinance O-08-1659 (attached for reference). Statement of Planning Objectives: The applicant submitted a Statement of Planning Objectives which is attached. Included in the Statement of Planning Objectives, the applicant describes the existing floodplain on the subject property and the reduction of buildable area on Lots 1 thru 9 caused by this natural feature. The applicant further describes the desire to reduce the building setback on the aforementioned lots to allow for a greater buildable area. Proposed Zoning Change: Request - The applicant is requesting to amend the existing PUD-R to allow a revision Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 2 to the front building line for Lots 1, 2, 3, 4, 5, 6, 7, 8, and 9. The applicant requests to reduce the front building line from the required 30 feet to 20 feet. The applicant has not requested any additional amendments to the PUD-R ordinance. Ordinance – Per Section 4 (Residential Lot Requirements and Setbacks) of Ordinance O-08-1659 the subject property is subject to the following standards: Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit “C”, shall control where such building line setback is different from the following requirements. 1.Minimum Lot Size 20,000 square feet. 2.Minimum Lot Width 100 feet, except for cul-de-sac lots which shall be a minimum 83 feet wide. 3.Front Building Line 30 feet 4.Side Building Line 10 feet. 5.Rear Building Line 25 feet. Analysis - The typical course of action for relocating a building line is to request a variance from the Zoning Board of Adjustment. However, since the subject property is zoned PUD-R and the ordinance is prescriptive in nature only City Council may approve a modification to a provision of the governing ordinance. The governing PUD-R (Ordinance O-08-1659) is specific in regards to the front building line. Section 4.c establishes the requirement for a 30 foot front building line for all residential lots. This provision is further codified in “Exhibit C” of the governing ordinance which shows a 30 foot front building line along the front of each of the nine residential lots. The applicant contends that each of the nine lots is too encumbered by floodplain to build the size of home desired by prospective homeowners. Staff believes that a reduced building line will not adversely impact the neighborhood. Since all nine lots are located along the same street, the reduced building lines should not be highly noticeable. The subject property is unique in that is has a significant amount of floodplain covering a large portion of each residential lot. The City’s Engineering department reviewed the proposal and associated engineering reports at the time of approval and verified that the residential lots were developable. City staff further confirmed the feasibility of the project in the course of reviewing the subdivision plat. Although the lots have a limited buildable area it is feasible to construct a home on each lot. The applicant’s request is due to the desire to construct homes larger than the available buildable area. Surrounding Development: The properties to the north are zoned PUD-R Planned Unit Development – Residential and are developed with single family homes (Riverwalk at Colleyville, Bridges at Riverwalk, The Preservation). The properties to the south and Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 3 east are zoned R-20 Single Family Residential and developed with single family homes. The property to the west is zoned AG Agricultural District and developed with one single family home. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single family residential uses. The proposed amendment does not seek to change the use on the subject property from single family residential uses. Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, we have received two letters of opposition for the previous request. The percentage of property owners within 200 feet in opposition of the original request is 7.76 percent. No correspondence has been received for the revised request. Staff Recommendation: The requested PUD-R amendment will provide additional flexibility for the developer on the subject property with no apparent adverse impacts on the subdivision or adjacent properties. The request seeks to provide relief to a natural hardship on the subject property. Staff recommends approval of the request. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Zoning Exhibit 6.Request to Table Item - September 12, 2016 7.Approved Plat 8.Entryway Landscape Plan 9.Existing Ordinance O-08-1659 10.Opposition Map 11.Letters of Opposition 12.Notification Map 13.Notification List 14.Draft Ordinance GLADE G A R R Y L Y N N E C A R M E L P L A C E SABINE JO CAROL R I V E R W A L K B L U E B O N N E T P R E S E R V A T I O N 1309 1313 1315 1201 4700 1201 1405 1317 1117 4808 4800 4708 4900 4712 1213 14161132 1205 4920 1113 1112 1113 12091117 1108 1116 1200 1201 1112 12051117 1312 1109 1209 4812 1216 4820 1304 4824 4912 4828 4908 4816 4916 4808 1128 13011116 1109 1308 1124 1300 1120 1312130811161304 46121200 1108 12081204 1212 1300 5005 1300 5011 5009 1112 11161112 1117 1108 1120 5000 4908 5004 1113 4904 4900 1121 4905 5005 5001 49011109 5009 50015001 5009 50055005 5000 5004 1105 5008 5008 1400 4800 15041104 1500 501311091113112111171105 1408 1100 4804 1304 1404 ZC16-015 4916 , 4912, 490 8, 4828,4824, 4820, 4816, 4812, AND 4808 CARMEL PLACE Subject Property I 1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP R-20 R-40 AG PUD-R PUD-R PUD-R PUD-R AG PUD-C GLADE G A R R Y L Y N N E C A R M E L P L A C E SABINE JO CAROL R I V E R W A L K B L U E B O N N E T 1309 1313 1315 1201 4700 1201 1405 1317 1117 4808 4800 4708 4900 4712 1213 14161132 1205 4920 1113 1112 1113 12091117 1108 1116 1200 1201 1112 12051117 1312 1109 1209 4812 1216 4820 1304 4824 4912 4828 4908 4816 4916 4808 1128 13011116 1109 1308 1124 1300 1120 1312130811161304 46121200 1108 12081204 1212 1300 5005 1300 5011 5009 1112 111611121108 1120 5000 4908 5004 1113 4904 4900 4905 5005 5001 1109 5009 50015001 5009 50055005 5000 5004 1105 5008 5008 1400 4800 1117 1121 4901 15041104 1500 501311091113112111171105 1408 1100 4804 1304 1404 ZC16-015 4916, 4912 , 4908, 482 8,4824, 4820, 4816, 4812, AND 4808 CARMEL PLACE Subject Property I 1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP GLADE G A R R Y L Y N N E C A R M E L P L A C E SABINE JO CAROL R I V E R W A L K B L U E B O N N E T P R E S E R V A T I O N 1309 1313 1315 1201 4700 1201 1405 1317 1117 4808 4800 4708 4900 4712 1213 14161132 1205 4920 1113 1112 1113 12091117 1108 1116 1200 1201 1112 12051117 1312 1109 1209 4812 1216 4820 1304 4824 4912 4828 4908 4816 4916 4808 1128 13011116 1109 1308 1124 1300 1120 1312130811161304 46121200 1108 12081204 1212 1300 5005 1300 5011 5009 1112 11161112 1117 1108 1120 5000 4908 5004 1113 4904 4900 1121 4905 5005 5001 49011109 5009 50015001 5009 50055005 5000 5004 1105 5008 5008 1400 4800 15041104 1500 501311091113112111171105 1408 1100 4804 1304 1404 ZC16-015 4920, 4916 , 4912, 490 8, 4828,4824, 4820, 4816, 4812, 4808, 4804, AN D 4800 CARMEL PLACE Subject Property RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ OPEN SPACE COLLEYVILLE BLVD CORRIDORI1 inch = 20 8 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP 1 Shane Pace To:Russell Slovak Subject:RE: September 12, 2016 - Planning and Zoning Commission Meeting From: Russell Slovak [mailto:] Sent: Friday, September 9, 2016 12:22 PM To: Shane Pace <space@colleyville.com> Cc: Rome Barnes <> Subject: RE: September 12, 2016 ‐ Planning and Zoning Commission Meeting Shane, Please accept our request to table the zoning case on Carmel Place which is currently on the agenda for Monday night’s Planning and Zoning Commission meeting. Due to specific requests by the individual who plans to purchase the lots from us, we need to make a change to the siteplan we submitted previously. Thank you for your consideration. Feel free to contact me with any questions you may have. Russell Slovak Vice President Engineering Centurion American Development Group 1800 Valley View Lane, Suite 300 Farmers Branch, TX 75234 (817) 368‐3330 (cell) ORDINANCE 0-08- 1659 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 6. 4 ACRES OUT OF THE GEORGE W. TEETER SURVEY LOCATED AT 1301 GLADE ROAD, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS 2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-08-002; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular value of buildings and encouraging throughout the City; and uses, with a view to conserving the the most appropriate use of land WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-08-1659 Page 2 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 6. 4 acres out of the George W. Teeter Survey located at 1301 Glade Road, from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit A", labeled Location and Zoning Map and is described in the attached Exhibit "B", labeled Legal Description. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single- family residential development of detached dwelling units, constructed at a gross maximum density of 1. 4 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. Ordinance 0-08-1659 Page 3 of 5 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Minimum Lot Width c. Front Building Line d. Side Building Line e. Rear Building Line 20,000 square feet. 100 feet, except for cul-de-sac lots which shall be a minimum 83 feet wide. 30 feet. 10 feet. 25 feet. 5. OPEN SPACE a. This development shall provide not less than 14. 97% common open space, which shall generally be configured as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the Homeowner's Association. b. All amenities within the open space areas shall be maintained by the Homeowner's Association. c. Landscaping and tree preservation along Glade Road shall conform to the specifications and depictions shown on the attached Exhibit "D" labeled Entry Landscape Plan. 6. SCREENING a. All lots backing to open space areas shall contain fencing that consists of decorative metal and/or masonry. b. A six (6) foot wrought-iron fence shall be constructed along the entire western property line of the development and shall be maintained by the homeowner's association. 7. SIDEWALKS AND PATHWAYS a. Sidewalks shall be required along both sides of the new street and along Glade Road. Ordinance 0-08- 1659 Page 4 of 5 ARCHITECTURAL FEATURES a. Driveways and Private Walkways -All shall be of a washed aggregate or stamped finished concrete. b. Masonry Requirement - 100% brick, stone or real stucco. No Finishing System (EIFS) or artificial stucco material shall be permitted. c. Garage Standard -Minimum of a three car garage with wood, architecturally enhanced doors. d. Roof Pitch and Roof Materials -All prominent pitched roofs shall be not less than a 10: 12 pitch. Materials shall consist of 40 pound architectural dimension shingles, slate, the or standing seam metal. e. Windows -All windows shall be insulated glass with a "low-e" specification. No aluminum windows shall be permitted. 9. OTHER a. All homes constructed in the development shall be installed with a fire suppression sprinkler system approved by the Fire Marshal. b. The street serving this development shall contain a minimum of 40 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. c. Upon platting, a minimum five-foot sidewalk and utility easement shall be located along both sides of the new street serving the development. d. A minimum of two (2) three-inch caliper trees shall be planted within the front yard of each lot by the homebuilder upon construction of a new home. e. Within 60 days of the certificate of occupancy being issued, all lots must be fully irrigated. f. A sign identifying the development shall be built at the southwest corner of the entry to the subdivision `as shown on the attached Exhibit D" labeled Entry Landscape Plan. The sign shall meet the requirements of the Land Development Code and shall not be located within any street right-of-way. g. A masonry, or stone, retaining wall shall be constructed, and, where applicable, replace any existing retaining wall structure or material along the creek prior to the acceptance of final public improvements by the Engineering department. The wall shall be approved by, and meet the specifications of, the Engineering department and shall be maintained by the homeowner's association. Ordinance 0-08- 1659 Page 5 of 5 Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~~ day of 2008. The second reading and public hearing being conducted on the /9~ day of e~~c/~Gc_.R~ar 2008. ATTEST: I ~ , Cynthia Singleton, City Secretary TRMC,CMC CITY OF COLLEYVILLE t---~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Aftorney EXHIBIT "A"- Location and Zoning Map iti~~i7CN tl?. I}16 '17~ ilEL iw II ~ ~ _ SIT. t (F elf( ~ It 1 _ I. 3~U7 ~ _ i i l~i- T _ 11~~ I i,~~ ~ , . y 721: 101 i ~ 1 L , `5, i_ :'. T ~'~ ~ ,itih ~ 7?~? 5~ 1173 I.~? ~ ~ i!01 ~ I l~ ia.~ ~, ,,, u~[~-:na lets 75~:F7 I~Is al~ ~. 7 .13CC. ryd ", 1~`~'s ~ __.. dE ~ti f~'i5 t t ~;CF~ - 11 ti5 1~iit1 11~~4 ~ 1P~~ '~ Iyl~ ~ 3CC5 9313._.. 4i~I~ 1_- ~_ ~ ~~~r` ~'~~.'~ 11G1 ~ +,jp-_ ~ fly '1113 ~' 11;d F "'1 aTt.~ 11~i~itu1Cf, 1 t~ tt~ a. ~~Crl~ R~~~:~: .~~ i ~r j5~2.i~ i' Y.ia.~~ ~6 ~~:; r: r~;f; I . ~ 361?1 _.(i:(-p~ ~. 4:~i±~ 631-~~--~--_ - ~-r i _ -- '.~° __ ~7.S - --- --~ t ~ ~ A'?07 0 a ,f9 4E(1 I e?i3 as-ran d', it EXHIBIT "B"-Legal Description arnxl Ylacc ~:STateS F'lEi,!] nfJTES W ihral etciain tract situatcd in the Geo[~e ~f_ Teeter Surve~r, Af,titr,~ct Ntiml:+er f 5~# 3, in t}1e City flf Calleyr~illa. T[~rrrinl C+tiunGy, Texas, ;end being the same Et~ct. drfi~ribe;i in the ~cci to Clii>,on 1~.17u.ke aad wife, CatttL~e T. woke ~v::tarrled in Volume ii318, Page 32~i r~ r tt~ Dee+l R~cxartlx of Tarrant t='aunty, Texas; the stthje~ct ira,~l bts; n~ [[ww particuhuiy d,cscribed by meteR and ltaundfi tts follow. BE~'IN1Vll~ti at ripe northeast corner oi~ sunritiC 1<'errat:~ Scrti+m one rtccording to the plat rcY~cfnl~d in '~ole~ mc 388-31. I''age 66 of the Flat Records of Tarrant ~'uunty, Texas, fmm wt>uch a found lf2 iucls reh~.r Yrears Tvcxlh 1217cgmcs Eabt x dista~e of 0, a41"eet, T>-[E'_~iCE 1llaril ~ R4 ~arGC~ ~$ rllli[t1tC5 17 S~cL~d,~ EasC. V~'lttt the ra~rtlt line bf the traeE dfi~sribc~d iv the deed tv Clifton l~. Duke and wile, Ca~ndaee I. fluke: rxordedin Volume ~31ti, Pu~~ 32$ of tllc I1 Rccnrds of Tarraut Cooney, Texas {swirl iru~:l E~~inaFtt:r tufcmxi tv tts the: Duke tr•~tct'~ a di 41x~ntc t~ f 272.0 fiat to a ll2 inch Debar found at d7e n~7rth~~~t rx-rner t}tcmut and the nnr[hwe4r. earner of tl,e Irrit~l iicst;ribcd in the: deed ro Robert Gene Hubhand recoaded in Volume 5 E; A~4, F'a~e X14 cif ilea xr~i+l Dexd Rr~r~ r,cls; TFIEN~E South 4I bcgrcc 37 Minutes 4G S~ecand~ Eac~ with ll'oe fit line of thn yaicl T)~~kc tra[:t wad the v~~est ling of llse said Hubhani tract cic.~4ri bed in the deed recorded in Wolurtae 5804, Page 444 and tl,o ~vcs# line of [tttr~ther tract ro said RabeM Gene FIuhhF,rd th; s +mc rswr~d in Valum~ SSi)~. Page ~4G +7J'tlte s:,irl DGC~ RccuRl~ K wlal ~li~tancv~ cif SJ. lfi fret Eo $ S,~ B inch Mbar f~awid tit o-i xalirnt r.~}mrr in the Wroth line ot'~Iock l of l7~ Lakec ~~f Sa7merset rexemlrc~ in Cak-ituf A, Slide 312 of tlue said Flat Rc~ err~x; 1'Hl=,['VCE South (}(1 ]7~egrees fl6 h+finul~~ 01 Sncemd R'cst, with the north lice of sa€d Black 1 a distance of 15.iJ7 feet ~ a It2 ;rreh rehr~r fc~un~i of a Entrant comer of said north lime; T1iEN('Fz Ncrtlh 89 Ucgrccs :~7 Minwc~ 43 5ecands v~~eu, cantinuinfi fViEh the north line c7f Iock 1 s distance 4f X6.39 fry[ k~ u ben+l in wr~i+l nimh ling, tivrn which a 5tti inch rebttr found Yre~rs l~ arth 3fi l7c~cos V4'est a distance of U.3kS feet; THENC,B I~'arrh 8'~ ae~ree~ 24 Minutes 4fi ,era~nds VTcvt, ~c+n#inuing wittl the north lino of 131txk 1 a disE'attcc af'27l?. l~ t'eet to a ~ incEti imn i}il7C (t,~ t; d pipe wac removed by ~~thcr.; and sit in :1uo4hCr lUr..:ilion euui shown hecr~n) found At the s~ot7t~rst earner of 5uurisc T~~ra~:c Scw~tion Two icc~ordcd in ~alumc 38k1-3~, Fage ~}I of the said Plat Re~xar~lr dnd i?~e s+~utitw+~t ~:tarnt<r of the Duka tract; THF'.~ TCF 1~+orth 0t} )~Ggn:cS 1O MinutES ~~ SECQ1LdS }rlf~fit, +Nilh ilea rti~eaE line nF tlx I]ukc ir~c-t and the 2aSt line Oif Rnid Swirit;~ ~1'C;Tr:IL'C Stx:Eiirns ~ht~ $~ TwV a tli,~tanCC t~ ~8U.5b t'CC[ DCLUIILLng to []telP'[..At::'li C?T' BFsC"rlNf~[~I~,T anal 4n+cl4singb.41~ arses. EXHIBIT "C"- Conceptual Site Plan i.. / i , x .., _1: i j f .~ r ._ r i I.. t, f ;~ ~1` i 1._ __ I~~~~ I t t.1 1 ~, ~ ~ ~ J EXHIBIT "D"- Entry Landscape Plan STAGKCi7~ SLABS C31~ ROCK USEQ Tom-- ~"~ ~~_~_~... CREATE TM~ WALlS f1P Tttt= SWA~L" t ~ ~ /` ~!f?E'rt+A{,Ka G~A BpTTOM t?RAkWAGE SWAIN tA~`RO~EP _ ~ pppii~~ pC7~ ~p~/~ 1~ ~^c 7"t i t. .~ j i j ~ PROPO~~R CANOPI' lrf- ~ ~~_ .~ ~TREE~ i x~Sr~N• TR E5 ~--'-_ ' t TJ REM IN V~~~ ~ ~.~-b U d m u t9 z Q J a ' V~ i~~ 0 PROPOSED ? PROP05EPCAN©PY --F WATERTRCk9 ~~ FEATURE i 1 r _.4` Cf)NCRPTE _ ~'~ r.SIDEWALK y - l - ~ ~ ~,,, -. 1 t-- ._.~...».....m~• - ~. u.~ ya.r' ~. t':"RY ~AONUMENT PROP09[0 ORNAMENTAL ~~'\ TREE3 - _ CARMEI P-LACE 1 ENTRY LANt}SCAPE P'Lf~N I A,1~1E~ P. A~~ TAT f S1GE GRQ~ ~.. r~>. O t Q~ ~a• 4a~ t - _ ~~' t ~ ~~~ o~ GLADE S T A F F O R D CHATSWORTH G A R R Y L Y N N E J O C A R O L C A R M E L P L A C E SABINE R I V E R W A L K W E S T B U R Y A L E X A N D R A B L U E B O N N E T D A R T M O O R E 1309 4700 1313 1315 1201 1405 1317 1504 1117 1213 4808 4800 4708 4900 4608 4712 4612 4809 4709 4613 4713 1213 4801 4701 1201 4901 14161132 1500 1205 1105 1108 4920 1216 1104 1300 1113 1112 1109 11131109 4612 1209 1105 1117 1116 1313 1200 1201 1108 1112 1105 1117 1104 1205 1312 4613 1104 1312 13014613 1209 4616 4812 1305 4609 1116 4820 1304 4824 4612 1304 4609 1308 4912 4828 1309 4908 1112 4816 4916 4808 1128 4608 1200 12081108 1301 1204 1212 4605 1112 1116 4608 1104 1308 4606 1124 4609 1120 5005 1100 1105 1300 5005 1300 131213041308 1117 4908 1113 4904 4900 1121 4905 49011109 50015001 5009500050001300 4800 4612 1400 46054604 1120 1408 1108 1100 4804 1304 1404 ZC16-015 4920, 4916, 4912, 4908, 4828, 4824, 4820, 4816, 4812, 4808, 4804, AND 4800 CARMEL PLACE Parcels Opposed Subject Properties Opposition AreaI 1 inch = 260 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. OPPOSITION MAP Total Land Area in Buffer (Includes R.O.W): 661508 Sq Ft /15.18 Total Acres Total Land Area Opposed (within 200 ft Notice Area): 51310 Sq Ft/ 1.17 Total AcresPercent of Land Opposed (within the 200 ft. Notice Area): 7.76% GLADE B E D F O R D S T A F F O R D CHATSWORTH J O C A R O L GARRY LYNNE R I V E R W A L K O A K T I M B E R S B L U E B O N N E T C A R M E L P L A C E P R E S E R V A T I O N SABINE S T O N E B R I D G E S A N G A B R I E L 1309 1313 4700 1504 1315 5019 1105 1201 1201 1405 1317 1117 4808 4800 4708 4900 4712 4612 4809 4709 4713 1213 4801 4701 4901 1300 14161132 1500 1213 1205 5013 1108 5005 4612 4920 1216 5101 1100 1104 1300 1113 1112 1109 1105 1101 11131109 1209 1100 1105 1101 1117 1100 1116 1200 1201 1108 1112 4608 4613 1117 1104 1205 1312 1104 1312 4613 1209 4616 4812 1200 1100 11161104 4820 1304 4824 1304 1308 4912 4828 4908 1112 4816 4916 4808 1128 1200 5017 12081108 1301 1204 1212 4613 1112 1313 5012 1116 1308 11241120 1301 5004 1305 5101 4612 1309 1100 1100 1105 1104 1104 1505 1105 5005 1300 50131105 5011 5105 1509 5009 1116 1113 1117 11171109 1112 11161112 1113 1117 1108 1108 1120 5012 5000 5016 1121 1109 4908 5008 5020 5004 1113 5024 4904 5100 4900 4612 4905 5005 5021 5101 4609 5013 5025 5017 5001 5009 4901 5013 5009 50015001 5104 50175013 5009 5005 5101 5021 5105 5005 5020 5024 5025 5016 51005028 5000 51015109 5012 5029 5008 5004 5105 1400 4808 4900 4800 4712 4708 4700 5000 4800 1121 1120 11211109 4612 51041100 1009 4608 4905 1005 1408 4901 4737 4821 4733 4804 1304 1404 ZC16-015 4920, 4916 , 4912, 490 8, 4828,4824, 4820, 4816, 4812, 4808, 4804, AN D 4800 CARMEL PLACE Subject Property 200 ft Buffer Properties within 200ftI1 inch = 29 2 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address ARCLAND INVESTMENTS LLC 1300 GLADE RD COLLEYVILLE, TX 76034 1300 GLADE RD MAUNEY, KEITH 1216 CHATSWORTH DR COLLEYVILLE, TX 76034 1216 CHATSWORTH DR CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4916 CARMEL PL SMITH, DENIS J 1308 CHATSWORTH CT E COLLEYVILLE, TX 76034 1308 CHATSWORTH CT E CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4908 CARMEL PL CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4816 CARMEL PL CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4828 CARMEL PL KING FISHER LTD 1132 GLADE RD COLLEYVILLE, TX 76034 1132 GLADE RD SWINDELL, MITCHELL 1212 CHATSWORTH DR COLLEYVILLE, TX 76034 1212 CHATSWORTH DR LOGAN, EMORY M 1313 GLADE RD COLLEYVILLE, TX 76034 1313 GLADE RD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 1209 GLADE RD CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4804 CARMEL PL HAUTANEN, OSMO A 1304 CHATSWORTH CT E COLLEYVILLE, TX 76034 1304 CHATSWORTH CT E EMLER LIVING TRUST 1300 CHATSWORTH CT E COLLEYVILLE, TX 76034 1300 CHATSWORTH CT E HUBBARD, ROBERT GENE PO BOX 494 COLLEYVILLE, TX 76034 1309 GLADE RD CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4912 CARMEL PL COLLINS, MICHAEL 1208 CHATSWORTH DR COLLEYVILLE, TX 76034 1208 CHATSWORTH DR CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4808 CARMEL PL IDOL INVESTMENTS LLC 1124 TRIPLE CROWN CT BARTONVILLE, TX 76226 1304 GLADE RD # 300 SNYDER, JOHN 1701 ROYAL LN #1202 DALLAS, TX 75229 4812 CARMEL PL FOUNTAINS AT RIVERWALK OFFICE 704 KENT CT SOUTHLAKE, TX 76092 1301 STONEBRIDGE DR GRAY, DOUGLAS M 1201 GARRY LYNNE DR COLLEYVILLE, TX 76034 1201 GARRY LYNNE DR GRISSO, TERANCE R 3505 MEADOWLARK LN COLLEYVILLE, TX 76034 1205 GLADE RD CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4800 CARMEL PL WHITTEN, LINDA 1209 GARRY LYNNE DR COLLEYVILLE, TX 76034 1205 GARRY LYNNE DR HSV RETREAT LLC 5132 POST OAK TR COLLEYVILLE, TX 76034 1308 GLADE RD # 200 ROACH, ALISHA 1312 CHATSWORTH CT E COLLEYVILLE, TX 76034 1312 CHATSWORTH CT E RODGERS, CONRAD B 1213 GARRY LYNNE DR COLLEYVILLE, TX 76034 1213 GARRY LYNNE DR NEAL, JANIS CAROL TR 1117 GARRY LYNNE DR COLLEYVILLE, TX 76034 1117 GARRY LYNNE DR CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4920 CARMEL PL CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4820 CARMEL PL CADG CARMEL PLACE LLC 1800 VALLEY VIEW LN STE 300 FARMERS BRNCH, TX 75234 4824 CARMEL PL WHITTEN, HAROLD 1209 GARRY LYNNE DR COLLEYVILLE, TX 76034 1209 GARRY LYNNE DR THE BRIDGES AT RIVERWALK HOA PO BOX 1183 COLLEYVILLE, TX 76034 COURTESY NOTICE RIVERWALK AT COLLEYVILLE HOA P.O. BOX 1031 COLLEYVILLE, TX 76034 COURTESY NOTICE LAKES OF SOMERSET HOA 1104 CHATSWORTH CT WEST COLLEYVILLE, TX 76034 COURTESY NOTICE SLOVAK, RUSSELL 1800 VALLEY VIEW LN,STE 300 FARMERS BRANCH, TX 75234 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, September 23, 2016 by Araceli Botello ORDINANCE O-16-XXXX AMENDING ORDINANCE O-08-1659 CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance O-08-1659 on February 19, 2008 to grant a rezoning request from the AG-Agricultural district to the PUDR-Planned Unit Development Residential district on 6.4 acres located at 1301 Glade Road, under Case Z- 08-002; and WHEREAS, the applicant has requested an amendment to Ordinance O-08- 1659 to amend Section 4.c to allow for a 20 foot building line on Lots 1- 9, located at 4916, 4912, 4908, 4828, 4824, 4820, 4816, 4812 and 4808 Carmel Place, under Case ZC16-015; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, mrals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance O-16-XXXX Page 2 of 4 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lots 1-9, Block 1, of the Carmel Place Estates, located at 4916, 4912, 4908, 4828, 4824, 4820, 4816, 4812, and 4808 Carmel Place, from the PUD-R Planned Unit Development-Residential Zoning District to the PUD-R Planned Unit Development-Residential Zoning District, as depicted in the attached Exhibit “A” and Exhibit “B”. THAT the above described tract of land shall be subject to the following conditions: 1. General a. The following amendments to Ordinance O-08-1659 are hereby authorized: i. Section 4.c of Ordinance O-08-1659 is hereby amended to revise Front Building Line requirement to 20 feet for all single family residential lots. ii. Ordinance O-08-1659 herby remains valid and all provisions of Ordinance O-08-1659 shall remain in full force and effect except where amended herein. Ordinance O-16-XXXX Page 3 of 4 Sec. 4. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of November 2016. The second reading and public hearing being conducted on the 15th day of November 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 15TH DAY OF NOVEMBER 2016. Ordinance O-16-XXXX Page 4 of 4 Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A”- Zoning Map Exhibit “B”- Zoning Exhibit City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3d Agenda Date 10/10/2016 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from the AG-Agricultural district to the R-20 Single Family Residential district on Abstract 1756 of the A T Young Survey, Tract 1A01B, located at 216 W. Glade Road, Case ZC16-016 Explanation Item Summary: Hiep Van Nguyen, the applicant, has submitted a request to rezone approximately 1.01 acres, located at 216 West Glade Road, from the AG-Agricultural district to the R-20 Single Family Residential district. The applicant is seeking a zoning change because the subject property is currently unplatted and does not meet the minimum requirements of the AG-Agricultural district. The applicant has indicated the intent to construct one single family home. Existing Conditions/Background: The subject property is currently unplatted and developed with one single family home which is proposed to be demolished. A subsequent minor plat will be required prior to submittal of a building permit, should the rezoning request be approved. Proposed Zoning Change: Request – The applicant is requesting a zoning change from the AG-Agricultural district to the R-20 Single Family Residential district in order to plat an unplatted tract of land, and construct one single family home. Ordinance – Per section 3.24.G, Schedule of District Regulations in the Land Development Code, the R-20 zoning district regulations require the following standards: Minimum Lot Area: 20,000 square feet Minimum Lot Width: 100 feet Minimum Lot Depth: 125 feet Minimum Front Yard Setback: 30 feet Minimum Side Yard Setbacks: 10 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 30 percent The applicant has provided a zoning exhibit which is conceptual in nature and not up for consideration as part of the zoning request. The conceptual exhibit proposes one lot Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 2 being 1.01 acres in size. This conceptual plan meets the R-20 zoning district’s minimum lot area of 20,000 square feet and other standards as listed above. Chapter 3 (Land Use) of the Land Development Code identifies the purpose and intent of the R- 20 zoning district as primarily oriented toward low-density residential purposes and open space uses. Additionally, it states the principal uses shall be moderately low- density detached single family homes. Analysis – Although the zoning designations for adjacent properties to the north and west are AG-Agricultural district, the properties to the east are zoned R-20 Single Family Residential district and the properties to the south (within the Mill Creek Subdivision) are zoned PUD-R Planned Unit Development Residential district with lot sizes slightly under 20,000 square feet. The proposed conceptual zoning exhibit is generally consistent with the development pattern in the area. It should be noted that the applicant originally submitted a rezoning request for the R-40 Single Family Residential district. However, the lot width of 108 feet along Glade Road does not meet the minimum requirements of the R-40 zoning district. Based on this finding the applicant revised the request to the R-20 zoning district so that the lot will comply with all zoning regulations. Surrounding Development: The properties to the north and west are zoned AG- Agricultural district and developed with single family homes. The properties to the east are zoned R-20 Single Family Residential district and developed with single family homes. The properties to the south are zoned PUD-R Planned Unit Development Residential district and developed with single family homes. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single family residential uses. The proposed rezoning request does not seek to change the use on the subject property from single family residential uses. The comprehensive plan’s Residential Density Policy states that the maximum density of each residential project shall be 1.8 dwelling units per acre. The proposed density is 0.98 dwelling units per acre. The requested zoning change is consistent with the comprehensive plan. Fees: Park Land Dedication fees are not required for this property due to the existing structure. Impact Fees may be required per Chapter 13 (Impact Fees) of the Land Development Code and are due prior to the issuance of a Building Permit. Tree Preservation: Any future subdivision of the subject property must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance, or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. Planning and Zoning Commission Agenda Briefing 3d City of Colleyville Page 3 Public Notification: Staff mailed notices to all property owners within 200 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: The proposed zoning change is consistent with the City’s comprehensive plan. Although the requested R-20 zoning district is not the same as the surrounding zoning designations, the R-20 zoning district is generally consistent with the surrounding properties and development pattern. Staff recommends approval of the proposed rezoning request. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Conceptual Zoning Exhibit 6.Proposed Site Plan 7.Notification Map 8.Notification List 9.Draft Ordinance GLADE BI L L S RO C K R I M M O N 220 216 218 4916 304 4900 4928 4904 4908 208212 204 4902 216300304 4898 4902 4902 4902 ZC16-016 216 W. GLADE ROAD Subject Property I 1 inch = 83 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. AERIAL MAP GLADE BI L L S RO C K R I M M O N AG R-20 PUD-R AG 220 216 218 4916 304 4900 4928 4904 4908 208 212 204 4902 216300304 4898 4902 4902 4902 ZC16-016 216 W. GLADE ROAD Subject Property I 1 inch = 83 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZONING MAP GLADE BI L L S RO C K R I M M O N 220 216 218 4916 304 4900 4928 4904 4908 208212 204 4902 216300304 4898 4902 4902 4902 ZC16-016 216 W. GLADE ROAD Subject Property RESIDENTIAL COMMERCIAL INSTITUTIONAL PARKS/ OPEN SPACE I 1 inch = 83 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. FUTURE LAND USE MAP Co n c e p t u a l Z o n i n g E x h i b i t AG to R-20 F R Y G L A D E B I L L S M I L L C R O S S I N G R O C K R I M M O N M I L L V I E W 310 5000 308 4916 220 216 304 4902 218 4928 5108 312 112 305 4900 4917 4901 4913 4912 4908 4904 4920 4905 4921 4909 4924 201308 200 101 204208212 300 4916 216 205 304 5112 102 4925 209311213 108 217 4899 301 4898 305 4928 4714 5004 4997 5001 5108 5005 4902 4902 48054802 4902 ZC16-016 216 W. GLADE ROAD Subject Property 200ft Buffer Properties within 200ftI1 inch = 16 7 feet Vicinity Map ^ DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyoneelse is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. NOTIFICATION MAP Owner Name Owner Address Owner City Owner Zip Situs Address WESTPHAL, FRED W PO BOX 53 COLLEYVILLE, TX 76034 4916 BILLS LN PARVIN, LUTHER D EST 304 W GLADE RD COLLEYVILLE, TX 76034 218 W GLADE RD EDWARDS, GARY M 220 W GLADE RD COLLEYVILLE, TX 76034 220 W GLADE RD RAY, RANDY L 15056 FM 407 JUSTIN, TX 76247 216 W GLADE RD WESTPHAL, FRED WILLIAM PO BOX 53 COLLEYVILLE, TX 76034 4928 BILLS LN WESTPHAL, FRED WILLIAM PO BOX 53 COLLEYVILLE, TX 76034 5000 BILLS LN PROENZA, X WILLIAM 204 MILL CROSSING W COLLEYVILLE, TX 76034 204 MILL CROSSING W HARRIS, BRIAN P 208 MILL CROSSING W COLLEYVILLE, TX 76034 208 MILL CROSSING W LENZ, RUSSELL 212 MILL XING W COLLEYVILLE, TX 76034 212 MILL CROSSING W REED, AARON J 216 MILL CROSSING W COLLEYVILLE, TX 76034 216 MILL CROSSING W BORDOVSKY, JARED 300 MILL XING W COLLEYVILLE, TX 76034 300 MILL CROSSING W WILSON, SUSAN V 304 MILL XING W COLLEYVILLE, TX 76034 304 MILL CROSSING W ROCKRIMMON HOMEOWNERS ASSOC 708 KENT CT SOUTHLAKE, TX 76092 4898 ROCKRIMMON CT PARIKH, MAULIK 4900 ROCKRIMMON CT COLLEYVILLE, TX 76034 4900 ROCKRIMMON CT BRYSON, TONY 4904 ROCKRIMMON CT COLLEYVILLE, TX 76034 4904 ROCKRIMMON CT LI, HAOCHUAN 4908 ROCKRIMMON CT COLLEYVILLE, TX 76034 4908 ROCKRIMMON CT WILLIAMS, KERRY 4912 ROCKRIMMON CT COLLEYVILLE, TX 76034 4912 ROCKRIMMON CT ROCKRIMMON HOA 4925 ROCKRIMMON CT COLLEYVILLE, TX 76034 COURTESY NOTICE BRAEMAR HOA 2909 CLAIREMON LN.EULESS, TX 76039 COURTESY NOTICE MILL CREEK HOA 213 MILL CROSSING WEST COLLEYVILLE, TX 76034 COURTESY NOTICE HIEP VAN NGUYEN 3825 YUCCA AVENUE #141 FORT WORTH 76111 APPLICANT GRAPEVINE-COLLEYVILLE ISD 3051 IRA WOODS AVE E GRAPEVINE, TX 76051 STATE LAW REQUIRED Public hearing notices were mailed Friday, September 23, 2016 by Araceli Botello ORDINANCE O-16-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.01 ACRES, ABSTRACT 1756 OF THE A T YOUNG SURVEY, TRACT 1A01B, LOCATED AT 216 WEST GLADE ROAD, FROM THE AG AGRICULTURAL ZONING DISTRICT TO THE R-20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC16-016; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Ordinance O-16-XXXX Page 2 of 4 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 1.01 acres, Abstract 1756 of the A T Young Survey, Tract 1A01B, located at 216 West Glade Road from the AG Agricultural zoning district to the R-20-Single Family Residential zoning district, as depicted in the attached Exhibit “A” and Exhibit “B”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance O-16-XXXX Page 3 of 4 Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of November 2016. The second reading and public hearing being conducted on the 15th day of November 2016. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 15TH DAY OF NOVEMBER 2016. Mayor Richard Newton Mayor Pro Tem Chris Putnam _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Bobby Lindamood Place 6, Mike Taylor _____ Place 4, Jody Short ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A”- Zoning Map Exhibit “B”- Metes & Bounds Description 216 W. GLADE RD., COLLEYVILLE, TX 76034 BEING all that certain lot, tract, or parcel of land situated in the A.T. Young Survey, Abstract Number 1756, situated in the City of Colleyville, Tarrant County, Texas, also being a portion of a tract described by deed to John B. McFadin and Carolyn J. McFadin as recorded under Volume 4493, Page 33, Deed Records of Tarrant County, Texas, (D.R.T.C.T.), said portion being described by deed to Randy Lawrence Ray and Amber Ray Shull as recorded under Instrument Number D208302862, (D.R.T.C.T). BEGINNING at a ½ inch iron rod with yellow cap stamped, "Arthur Surveying Company" set for the southeast corner of the herein described tract, said corner also being the southwest corner of a tract of land described by deed to Fred William Westphal, Jr., more commonly known as Bill's Lane, as recorded under Instrument Number D207074101, (D.R.T.C.T.), and being in the north line of West Glade Road; THENCE South 81 degrees 01 minutes 26 seconds West, with the north line of said West Glade Road, a distance of 108.46 feet to a ½ inch iron rod found for corner, same being the southeast corner of a tract of land described by deed to Luther D. Parvin, Jr. as recorded under Volume 6116, Page 699, (D.R.T.C.T.); THENCE North 00 degrees 21 minutes 46 seconds East, with the east line of said Parvin tract, a distance of 417.40 feet to a 5/8 inch iron rod found for corner, same being the northeast corner of said Parvin tract, also being in the south line of a tract of land described by deed to Fred William Westphal, Jr. as recorded under Volume 12972, Page 191, (D.R.T.C.T.); THENCE North 80 degrees 47 minutes 46 seconds East, with the south line of above mentioned Westphal tract (12972-191), a distance of 105.85 feet to a 1 inch iron pipe found for corner, same being the southeast corner of said Westphal tract, also being in the west line of the aforementioned Westphal tract (D207074101) commonly known as Bill's Lane; THENCE South 00 degrees 00 minutes 00 seconds East, with the west line of said Bill's Lane, a distance of 417.40 feet to the POINT OF BEGINNING and containing 1.013 Acres of land, more or less.