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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-8/13/2007City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com ,`=_ L\~ ~ ~" r lrl:l~• Agenda -Final Monday, August 13, 2007 7:00 PM City Council Chambers Planning and Zoning Commission ~ City of Colleyville ~~ , ~ ~ '~~'/ '' ~ M i __ - eet ng Agenda R~.ti.~a Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, August 13, 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 Phelps 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES July 23, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat for Lot 1, Block 1 of the Davis Medical Office Addition being 0.7 acres on Tract 2W2, Abstract 180 of the J.L. Byas Survey located at 6208 Colleyville Boulevard, Case P-07-037 City of Colleyville Page 1 Printed on 8/9/2007 Planning and Zoning Commission Meeting Agenda August 13, 2007 7b Approval of a Minor Plat for The Gardens Addition being 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case P-07-040 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a Replat for Lots 7R1, 7R2 and 7R3, Block 1 of the Heritage Office Park Addition on 2.2 acres being Lot 1, Block 1 of the Heritage Office Park Addition located at 5205 Heritage Avenue, Case P-07-038 8b Approval of a Replat for Lots 2R1 and 2R2, Block 1 of the Combs Addition on 1.4 acres being Lot 2, Block 1 of the Combs Addition located at 6104 Hunter Lane, Case P-07-039 8c Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 5.6 acres out of the S.C.H. Witten Survey located at 2505-2509 Hall Johnson Road, Case Z-07-022 8d Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 8e Approval of a request for a Special Use Permit for on-premise alcohol sales, on 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case Z-07-030 8f Amendment to Chapter 3, Sections 3.17 to 3.22 and Section 3.24, Table of Permitted Uses, of the Land Development Code, Case G-07-013 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, August 9, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 8/9/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com ~ ~z;~ Il { ~ ~~' ~~ I"~•\:tw Minutes -Draft Monday, July 23, 2007 7:00 PM City Council Chambers Planning and Zoning Commission _ ~'~~`~r Ci of Colle ville tY Y ~ ~ `. ~..~ Minutes -Draft ,:~ LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE 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 Planning and Zoning Commission City Attorney Kallas explained that there would be no decisions made or action taken during this Executive Session time under Section 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda. The pre-session was recessed at 6:45 p.m. and reconvened at 6:50 p.m. 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 23, 2007 at 7:05 p.m. 2. ROLL CALL 3. 4. Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Mary Taylor, Denis Duffy and Jeff Byerly Absent: Commissioner David Phelps Staff Present: Chris Fuller, Ron Ruthven, Rob McKeown, Jeremy Hutt, Scott Welmaker and Amy Shelley INVOCATION The invocation was given by Commissioner Taylor. PLEDGE OF ALLEGIANCE City of Colleyville Page 1 Printed on 7/26/2007 Planning and Zoning Commission Minutes -Draft July 23, 2007 5. APPROVAL OF MINUTES Commissioner Byerly moved approve the July 9, 2007 meeting minutes with two spelling corrections. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Duffy, Byerly Absent: 1 -Phelps 6. 7 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Duffy moved to approve case P-07-034. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Duffy, Byerly Absent: 1 -Phelps 8. PUBLIC HEARING AGENDA ITEMS ga 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding the parkland dedication fees and stated he would like to make sure the funds are placed in the right designation. Commissioner Redfearn questioned staff regarding what are the uses planned with the CC1- Shopping Center zoning district? Ron Ruthven replied mostly office and retail. Discussion occurred between Commissioner Dudziak and staff regarding the tallest buildings in the Village at Colleyville. Commissioner Byerly opened the public hearing at 7:17 p.m. City of Colleyville Page 2 Printed on 7/26/2007 Planning and Zoning Commission Minutes -Draft July 23, 2007 Jimmy Archie, the applicant, came forward to present the case and brief the Commissioners. He stated wanting to reduce the parking spaces to be between 170-175. Secondly, he stated the first floor will contain 50% of the condition square footage. Third, he stated the average size will be 1,000 square feet. Commissioner Duffy questioned Mr. Archie regarding what are the plans for keeping the creek behind the development clear? Mr. Archie replied they are under tight deadlines for buying the properties. He stated wanting to know if the project will be approved before the monies are spent for the drainage analysis. He stated the creek carries all of the water from the north part of town. He stated if there are issues with the creek, they could make upgrades during this development. Commissioner Duffy questioned Mr. Archie regarding what size of culvert is TxDot planning to put under Colleyville Boulevard at the creek? Mr. Archie replied not knowing. Commissioner Duffy questioned Mr. Archie why only 50% of the floor space is for tax generated businesses? Mr. Archie stated they requested CC1 uses, however, staff stated wanting some retail so he added the 50%. He stated they would like 100% for retail, that is the goal, however, they want some flexibility in case the retail use is not there. He stated some of the office uses need the retail location for drive by customers. Commissioner Duffy questioned Mr. Archie regarding if the residential units will have two parking spots each? Mr. Archie concurred. Commissioner Duffy questioned Mr. Archie if there will be a need for a SUP for alcohol sales, in the future and will it be the proper distance from the church? Mr. Archie replied yes, they would prefer a blanket SUP today, but they have not applied for one, they may need to do so in the future. Commissioner Duffy stated the height exceeds the code for the height of buildings. He stated building D exceeds the code height. Commissioner Duffy questioned Mr. Archie regarding if the plan is for the height as on the site plan? Mr. Archie replied they are applying for a PUD and therefore requesting a waiver on the height requirement. He stated the towers on the site plan are the tallest for the purpose of signage for the businesses. Commissioner Dudziak questioned Mr. Archie regarding if just that one part, for the signage will exceed the height? Mr. Archie replied being comfortable with the current building height requirements for the Village City of Colleyville Page 3 Printed on 7/26/2007 Planning and Zoning Commission Minutes -Draft July 23, 2007 at Colleyville. Commissioner Dudziak questioned Mr. Archie regarding what advantages does the additional height give? Mr. Archie replied it gives for more visibility for the signs for the businesses. Discussions occurred between Commissioner Byerly and Mr. Archie regarding the calculations for the parking spaces. Commissioner Dudziak questioned Mr. Archie if the 1,000 square feet average will affect the number of units, will there still be 30 units? Mr. Archie replied it will not effect the number of units. Commissioner Dudziak questioned Mr. Archie regarding if they have had success selling the 1,000 square foot units in the Village? Mr. Archie replied they have not had issues with selling the 1,000 square foot units. Steve Isbell, 5112 Oak Timbers Court, spoke in support of the project. Charles Davidson, owner of the property at 5200 Colleyville Boulevard, spoke in support of the project but stated having concerns for the driveway cuts on Colleyville Boulevard. There being no one wishing to speak, the public hearing was closed at 7:39 p.m. Commissioner Byerly moved to approve case Z-07-026 with the following conditions that the zoning expire within eight months if no drainage plan is submitted to the City for staffs recommendation, that the parking spaces required be reduced to 175, that the 50% retail be changed to read 50% of the conditioned feet on the first floor, that the average residential unit be 1,000 square feet and that the building height restriction be the same as the Village at Colleyville Development. Commissioner Knox seconded. Commissioner Taylor stated this is a great concept because the Village at Colleyville can not be seen. However, building a three story building is not going to help the Village to be seen, so that the Village will work. She stated if the trees were cleaned up along Colleyville Boulevard, the Village would be seen better. Commissioner Redfearn questioned Commissioner Taylor if she thinks this development will pull the two developments together? Commissioner Taylor replied she thinks that is the premise, but she stated she thinks this project will drown out the Village at Colleyville development in the end. Commissioner Byerly disagreed and stated this will help to generate traffic for the Village. He stated this is what the Village needs. He stated City of Colleyville Page 4 Printed on 7/26/2007 Planning and Zoning Commission Minutes -Draft July 23, 2007 something needs to be done to get the Village developed. Commissioner Dudziak stated being in favor of bringing something out front, and stated he understood Commissioner Taylor. He stated the project will hide the Village. He stated Southlake has done the very same thing but this project does not seem to invite you in to the Village. He stated he does like the towers for signage, but it will hide what is behind it. Commissioner Dudziak stated he would like to know what the minimum square footage will be. Commissioner Dudziak stated he would like staff to clarify the parkland dedication funds. Chris Fuller replied it will be similar to the Village development with residential and commercial uses. He stated not knowing how the Village is calculated. Commissioner Dudziak questioned staff regarding if the Village has met its prior revenue commitments? Scott Welmaker, Economic Manager, stated he believes the Village is on track with their commitments, however he stated he did not have any information regarding the amount of retail sales tax dollars generated by the Village or whether or no they have met their projections stated at the time those PUD's were approved. City Attorney Kailas replied the TIF has not been noticed to be discussed during this meeting. Mr. Archie replied this project is not located within the TIF for the Village at Colleyville development. Commissioner Dudziak questioned staff regarding parkland dedication fees? Chris Fuller replied parkland fees are paid each time a building permit is pulled. Commissioner Dudziak questioned if it will be a per acre calculation for commercial use or per residential use? City Attorney Kailas stated staff can give some direction for those fees. Darrell Lake, Realty Capital property group, stated there is nothing on Colleyville Boulevard to see the Village and stated if there are buildings on Colleyville Boulevard that look like the Village, then it will bring the needed traffic into the Village. He stated there are timely issues for the contract of these properties. Commissioner Taylor questioned Mr. Archie if the road to this development will go into the Village? Mr. Archie stated the road was originally to be aligned to go directly into the Village, however, now it will depend on the how properties behind the project will be developed. Commissioner Dudziak questioned Mr. Archie if the creek development City of Colleyville Page 5 Printed on 7/26/2007 Planning and Zoning Commission Minutes -Draft July 23, 2007 will be a part of this development? Mr. Archie stated it could be a part of this ordinance. City Attorney Kallas stated that could not be discussed at this meeting because it was not noticed for the public hearing. Commissioner Dudziak stated the open space is not as the open space requirements are defined in the code. Commissioner Byerly stated a piece of property that has not been properly notified can not be discussed at this meeting. Commissioner Duffy discussed the differences between the conceptual site plan and the ordinance. He stated once the ordinance is approved, the Commission can not go back and change it. He stated not being able to vote for this project because there are too many waivers being requested. Commissioner Byerly stated the site plan will have to be fairly consistent with the site plan approved at this meeting. He stated they may be able to move around a parking space or two, but the general site plan will remain the same. Commissioner Duffy questioned staff regarding how close to Colleyville Boulevard will the building sit? Ron Ruthven stated the site plan does meet the 40 foot setback. He stated the building is behind the setback. Commissioner Taylor stated not seeing the need for the green belt. She stated the Village needs to be visible. Commissioner Byerly concurred. Commissioner Dudziak stated the percentages for retail and the need for a direct connection to the Village is not very pedestrian friendly, and there are no amenities for the residential use. If this is going to be commercial facility with three floors, then so be it, however, there is a residential component that has no amenities other than two parking spaces. Commissioner Redfearn stated the drainage will be completed within the first eight months and the engineering department will have to sign off on and approve any changes. Chris Fuller stated any plat that comes before the Commission is required to have a preliminary drainage analysis. He stated the applicant is requesting to give the drainage analysis once the zoning is approved because the drainage analysis is expensive. Commissioner Redfearn stated the applicant may have changes once the drainage analysis is completed. Commissioner Duffy discussed with City Attorney Kallas regarding the drainage analysis being done at the time of zoning or platting. Commissioner Dudziak questioned staff regarding if the developer is planning to build the restaurant pad site? Mr. Archie stated he plans to City of Colleyville Page 6 Printed on 7/26/2007 Planning and Zoning Commission Minutes -Draft July 23, 2007 build both buildings as well as the bridge across the creek into the Village at Colleyville. Commissioner Taylor stated the builder is going to build the bridge. Commissioner Duffy and Mr. Archie discussed when the construction for the project will begin. Commissioner Dudziak stated a friendly amendment to the ordinance that staff will correctly address the parkland dedication fees. Ron Ruthven stated in the developer agreement, the parkland dedication fee has been addressed as residential and commercial uses. Chris Fuller stated staff will assess with the mixed use development standards. Commissioners Byerly and Knox accepted. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Redfearn, Byerly Nay: 2 -Taylor, Duffy Absent: 1 -Phelps 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 8:12 p.m. Scott Van Doren, the applicant, came forward to present the case and brief the Commissioners. Ralph Nasca, 1702 S. Hwy 121 #406, Lewisville, car wash consultant, came forward to present the case and brief the Commissioners with Mr. Van Doren. Commissioner Taylor questioned Mr. Van Doren regarding the hours of sale for alcohol? Mr. Van Doren replied he would be in compliance with TABC rules regarding the hours of sale for alcohol. Donna Sharon, 2007 Kyle Court, spoke in opposition to the request with regards to the traffic on Tarrant Lane. Charles Davidson, owner of the property, spoke in favor of the rezoning request. Ken Green, 5402 Junifper Court, spoke in opposition to the rezoning request. City of Colleyville Page 7 Printed on 7/26/2007 Planning and Zoning Commission Minutes -Draft July 23, 2007 Melissa Bowen, 5906 Meadowhill Drive, spoke in favor of the rezoning request. Dennis McCain, 6509 Meade Drive, spoke in opposition to the rezoning request. Dave McCormack, 6612 McMakin Court, spoke in opposition to the rezoning request. There being no one wishing to speak, the public hearing was closed at 8:31 p.m. Scott Van Doren presented pictures regarding what is located behind the subject property. He discussed with the Commissioners regarding what is currently in the area and that this business will not drop any property values. Commissioner Redfearn questioned Mr. Van Doren regarding the traffic flow? Mr. Van Doren used the diagrams provided to explain the flow of traffic. Commissioner Dudziak questioned Mr. Van Doren regarding the noise level of the car wash? Mr. Nasca stated it has the same noise of a 3 ton air conditioner compressor unit, if standing right next to it. He stated the farther away, the noise will not be heard. Commissioner Dudziak questioned Mr. Van Doren if there will be music? Mr. Van Doren replied no. Commissioner Dudziak questioned Mr. Van Doren regarding the lighting, will there be lighting 24/7? Mr. Van Doren replied there will only be general lighting during business hours and only street lighting for after hours. Chris Fuller replied there are ordinances in place to control lighting, however the Commissioners can state specifics in the ordinance. Commissioner Dudziak questioned Mr. Van Doren regarding if all of the signs will have lighting? Mr. Van Doren replied only general sign lighting for during business hours. Commissioner Knox questioned Mr. Van Doren regarding the flow of traffic from Colleyville Boulevard? Mr. Van Doren replied by using the diagrams to show the flow of traffic. Commissioner Dudziak questioned Mr. Van Doren why he believes his business will succeed as opposed to the business down the street at City of Colleyville Page 8 Printed on 7/26/2007 Planning and Zoning Commission Minutes -Draft July 23, 2007 John McCain, is it because there will be a higher level of demographics? Mr. Van Doren stated the business down the street closed because the property owner chose to close the property because of a divorce, not because of the decline of sales. Mr. Van Doren stated he did check into the purchase of that property, however, the property owner is asking too much for it. Commissioner Dudziak stated having a concern for the single use of this property, only for a car wash, if something were to happen, it can not be changed. Commissioner Dudziak questioned Mr. Van Doren regarding what are his plans for the business when Colleyville Boulevard is under construction, what plans are in place during this time period. Mr. Van Doren stated the construction will create dirty cars. He stated he has saved money to use during the construction process to last six months and never have to wash a single car. Commissioner Dudziak questioned Mr. Van Doren if there is another use if the business were to fail? Mr. Van Doren replied no. He stated, as requested by the Commission and staff, he brought forth a PUD to limit the use for the property as opposed to the CC2 request. Mr. Nasca stated two car washes in the past have been turned into a restaurant facilities as well as a church. Commissioner Dudziak questioned Mr. Van Doren if he has any issues with the landscape package that staff has suggested? Mr. Van Doren replied being happy to do what staff recommends. He stated this facility will create approximately 31 jobs, 20 of which will be full time. Commissioner Taylor questioned Mr. Van Doren regarding the cost for the service? Mr. Van Doren replied there will be three packages to choose from and stated the prices being from $21.95 to $39.95. Commissioner Redfearn moved to approve case Z-07-027 with the following amendments to the ordinance: add a letter c under number seven of the ordinance to state a SUP expiration be tied to a certificate of occupancy for this business and add a number nine of the ordinance to state the installation of box shield lighting. Commissioner Duffy seconded. Commissioner Dudziak questioned Mr. Van Doren regarding if a cross access easement can be installed on the north side toward Ross Downs? Mr. Van Doren replied he would be glad to do that. Commissioner Redfearn acknowledged the friendly amendment. City Attorney Kallas stated or as per the Land Development Code requirements regarding cross access easements. Commissioners Dudziak and Redfearn concurred. Mr. Van Doren replied he would do so. City of Colleyville Page 9 Printed on 7/26/2007 Planning and Zoning Commission Minutes -Draft July 23, 2007 Commissioner Duffy accepted the amendments. Commissioner Byerly restated the motion: Commissioner Redfearn moved to approve case Z-07-027 with the following amendments to the ordinance: add a letter c under number seven of the ordinance to state a SUP expiration be tied to a certificate of occupancy for this business and add a number nine of the ordinance to state the installation of box shield lighting and that a cross access easement as per the Land Development Code on the north side. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 4 -Redfearn, Taylor, Duffy, Byerly Nay: 2 -Knox, Dudziak Absent: 1 -Phelps 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 8:59 p.m. Pat Ray, the applicant, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mrs. Ray regarding if the Type B is a state license? Mrs. Ray replied yes, the residents who are needing the Type B license would like to stay at the facility. There being no one wishing to speak, the public hearing was closed at 9:01 p.m. Commissioner Dudziak moved to approve case Z-07-028. Commissioner Taylor seconded. Commissioner Duffy stated this facility is a good neighbor. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Duffy, Byerly Absent: 1 -Phelps 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None City of Colleyville Page 10 Printed on 7/26/2007 Planning and Zoning Commission Minutes -Draft July 23, 2007 10. 11. COMMISSIONERS' COMMENTS AND REPORTS None ADJOURNMENT The meeting adjourned at 9:02 p.m. I hereby certify the above 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 11 Printed on 7/26/2007 ~ u~ r ~ '~~'~i~~ City of Colleyville Collew0'~IIe,aTexas76034 (817) 503-1000 r:-:= Agenda Briefing www:colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 08/13/2007 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Minor Plat for Lot 1, Block 1 of the Davis Medical Office Addition being 0.7 acres on Tract 2W2, Abstract 180 of the J.L. Byas Survey located at 6208 Colleyville Boulevard, Case P-07-037 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 08/13/2007 Planning and Zoning Commission Title Approval of a Minor Plat for Lot 1, Block 1 of the Davis Medical Office Addition being 0.7 acres on Tract 2W2, Abstract 180 of the J.L. Byas Survey located at 6208 Colleyville Boulevard, Case P-07-037 Explanation Dr. Mayli Davis is the developer of a 0.7 acre tract of land located at 6208 Colleyville Boulevard. The developer has submitted a request for approval of a minor plat that will consist of one commercial lot. The applicant is platting the property in order to construct a medical office building. Zoning. The property is zoned CN-Neighborhood Commercial. The CN zoning district requires a minimum lot width of 100 feet and lot depth of 120 feet. The minimum lot area required in the CN zoning district is 10,000 square feet. The proposed plat satisfies the development criteria of the CN zoning district. Existing Conditions. The property is currently not platted and undeveloped. Waiver Request. The applicant is requesting a waiver to the cross-access easement requirement along the front of the property. The adjacent properties along SH26 to the north and south are both developed and have not built common access driveways nor were they required to provide cross-access easements at the time their respective plats were approved. The applicant is providing access to the property to the south from the back of City of Colleyville Page 1 Printed on 8/9/2007 Agenda Briefing Continued the subject property. Staff agrees to the waiver request. Parkland Dedication Fees. Parkland dedication fees are due upon approval of the plat. The fee for commercial development is $800 per acre. Sidewalks and Trails. The Land Development Code requires the construction of a sidewalk on SH26, which must be a minimum of 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 because fees are not collected for SH26 frontage. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies the platting standards contained in the Land Development Code with the exception of the waiver request from the cross-access easement. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 _ Printed on 8/9/2007 Location and Zoning Map CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 17, 2007 TO DR. MAYLI DAMS EMAIL maylidavis@sbcglobal.net FROM Ron Ruthven, Development Coordinator SUBJECT P-07-037 Minor Plat -Davis Medical Office Addition 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. Dead-end fire lanes in excess of 150 feet are required to have a city approved turn around. Correct the fire lane on the plat meet to this requirement. Contact Rob McKeown, Fire Marshal at 817.488.6277 for more information. 2. Change the 20 foot front setback along Colleyville Blvd. to 40 feet, which is required by the CN Neighborhood Commercial zoning on the property. 3. Change the rear setback from 5 feet to 25 feet as required by the zoning. 4. Remove the "City Council Approval" and "Staff Approval Authority" signature blocks from the plat. Minor plats only require Planning and Zoning Commission approval. 5. Across-access easement is required across the front of the property along Colleyville Blvd. Indicate the easement on the plat or request a waiver stating the reasons for the waiver request. In Your Response Letter, Acknowledge the Following Information: The proposed driveway on State Highway 26 will require approval from the Texas Department of Transportation (TxDOT). PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are not required along State Highway 26. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-037 MINOR PLAT DAMS MEDICAL OFFICE 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 314-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. 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 drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, August 13, 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; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, August 3, 2007, in order to make the scheduled hearings. Please contact me at ruthvenr(~r',!ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 D 0 Baird, Hampton & Brown, Inc. t~ 0 o Engineering & Surveying August 2, 2007 Mr. Ron Ruthven Community Development Department 100 Main Street Colleyville, TX 76034 RE: Response to Minor Plat Review Comments -Davis Medical Office Addition - P-07-037 Mr. Ruthven, Enclosed is the revised minor plat for Davis Medical Office Addition. In response to the review comments dated July 17, 2007, we offer the following: 1. Dead end fire lanes in excess of 150 feet are required to have a city approved turn around. The fire lane has been revised such that the dead~nd length does not exceed 150 feet. 2. Change the 20' front building setback to 40 feet. The front building setback has been changed from 20 to 40 feet. 3. Change the rear building setback from 5 feet to 25 feet. The rear building setback has been changed from 5 to 25 feet. 4. Remove the "City Council Approval "and "Staff Approval Authority" signature blocks from the plat. The signature blocks have been removed as requested. 6. Across access easement is required across the front of the property along Colleyville Boulevard. No existing cross access easements are provided for connecting to the adjacent properties, both of which have already been developed. We have contacted both adjacent property owners about establishing cross access, but neither property owner was agreeable to the proposed easement. We are requesting a waiver for the required cross access across the front of the property, given that there are no existing easements to connect to on the adjacent sites. We are proposing to provide an on-site cross access easement to the property line for future connection, but this easement, as shown, is not located along the front of the property. 7. The proposed driveway on S.H. 26 will require approval from TXDOT. We are aware that a driveway permit must be obtained from TXDOT. We will pursue the application once the site plan is finalized. Please contact us with any further questions. Thank you, Baird, Hampton and Brown, Inc. Joanna Kepler, E.I.T. Graduate Engineer Enclosures: Minor Plat (revised) - 10 copies CC: Dr. Mayli Davis -Owner File 920 South Main Street, Old Main Place Suite 190, Grapevine, Texas 76051, www.bhbinc.com Main: 817-338-1277, Office: 817-251-8550, Fax: 817-251-8810, Email: mail@bhbinc.com up ~ a 14` ~~ ~~3 ~~ l 1 0 3 q j~+ ~'' ifTTTTTTT -',,_I_ ~ a `r 3g - t ~` g~ ~ m 3 li ~'' ~ ~ I ^~ A Ff~1~fi1~f~1~Ft~T1 s ~ ~ 4 5 ~~~ E _ ~a~..r-g~:~ .=t QRa GiB I~______ __ _rtK__- ~iF€ al}~ ~. F~ n~'~ ~ I 1 ` ` \ 1 ,i F m °•• m I i X70` 11 I i 1 P~I~If ~ ~I'~ o ~~ ',~~~t j ~ v~-c m r~ ; 1 d ~~ la ~'BR94Y '.15~ C I ~ ZP 1 ( ~Ii€ ~~1 ,~aa~ A ~~ I I N IIr ~v ~I ~ I .j IS~ ~g8 ~ ~ ~~ O G ~~ ' I a~ i ~ ~1 x ~ ~~~ ~~4 rnyaa, ~ ~~ ~~ ~~ I ; 4 ~~~ ,_., saaai, 1 , 1 's ~~~ ~ 1 al ~ ~ ~ I ; `'~1 + ~ I ~ I -- ~ I ~~ .,, a I ~~jl a L\ ~Y, ~ ~ 1 ~4 ~ it ~~~ ~ ~ ~~ ~ ~~ i 1 1~~~ a ~ ~ ~ '~~ cb, w ~ ~ P ~ ~r ~'~i4y_. ~a. B~Ifi FI -~ ~} x 1 ~ ~~ Y ~ `~ D c O N 0 0 A y y~° O -i O ~ ~ .~, a ~~r~ n ~ ~~m~o$o~s rn ~ ~~ ~ mm, ~w~m o ~ ~~ g g ~ ~ 1~~ ¢ ~y tdt s ~:_ ~ ~ ~~~ ~ p~a~~jj ~~tab :` ~~E _!~ ~3r s~: s ~' ~ ~~~ ~ ~ ~ ~ s ~ ~ i~~ F ~~ 1 ~ ~_ ~ ~~ i i~~ ~ ~ I~~~~i ~ ~9f a~f F ~6d e ~ r~l ~z s~ l Fj F ~1 e €~ ~ 1~ ~' t r[ t F1 1 ;4 i t~ I } ~¢~ qs~ 9~1 ~:; !ti 1€4 E 9~ ~~ d~ ee ~~ ~~ 1g i 38 [Jn q1 ~f' ~ 100 Main Street t''~ ~ ~~~ City of Colleyville Coll ~g117) 03X1000 034 ~~~~~~f Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 08/13/2007 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Minor Plat for The Gardens Addition being 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case P-07-040 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response History of Legislative File Version: Date: Acting Body: Action Text: 1 08/13/2007 Planning and Zoning Commission Title Approval of a Minor Plat for The Gardens Addition being 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case P-07-040 Explanation Ian Norfolk is the developer of a three acre tract of land located at 7013, 7015 and 7017 Colleyville Boulevard. The developer has submitted a request for approval of a minor plat that will consist of one commercial lot. The applicant is platting the property in order to construct a mixed office/retail building. Zoning. The property is zoned CC1-Village Retail. The CC1 zoning district requires a minimum lot width of 150 feet and lot depth of 120 feet. The proposed plat satisfies the development criteria of the CC1 zoning district. Existing Conditions. The property is currently not platted and is undeveloped. Parkland Dedication Fees. Parkland dedication fees are due upon approval of the plat. The fee for commercial development is $800 per acre. Sidewalks and Trails. The Land Development Code requires the construction of a sidewalk on SH26, which must be a minimum of 5-feet in width and installed when any new City of Colleyville Page 1 Printed on 8/9/2007 Agenda Briefing Continued structures are built on the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not required for this plat because fees are not collected for SH26 frontage. 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 8/9/2007 Location and Zoning Map 7210 ~ 7300 „. ~ ~ ~ ~ % ~~ ~ 721 6 7212 7213 7219 ~ r 12 ~~ r~ I / ~ 7209 ~ ,3 _~ I n2 71 ~'~ ^ 7209 7211 T212 ~' N 7:11 7209 _ ` ' !1 ~~! ~ 209 roz zzue 7<a4 71.5' ~~ > ti ~ 7207 72os 72us 72os I L 7LO ~ TzC~s 'J4 X203 ~,. 7200 ~~ ~-~ ~ 7204 7204 7203 ~ 7200 ~ _' ~ PUDg~~ 7200 1908 ''i'2 ~ % ~ ~_I'UDC: °7 ~ .tJ~ i,~ I h ~.r 1~ ; W~ !y 3 ~~ ~ 4't #. . } .'~ i Sites ' ' ' ' ~~ ~ ~ ~~ ~ ~, . ~, -' ....~ ~ 270 "u 2300 230 6 P 18 1~---~' rte. ~ 7001 ins 7009 GU 16 ~ „ U I ~ D3 AG 9914 ~~ ~' 19915 ~691~( 1 \ 6011 ~ 9008 ~ 991 6010 9906 loot 6911 6908 G9U0 6004 e9c~ B9oz eGO2 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 26, 2007 TO IAN NORFOLK FAX 817-335-7437 FROM Ron Ruthven, Development Coordinator SUBJECT P-07-040 Minor Plat -The Gardens, Block 1, Lots 1 and 2 The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are foryour consideration. The following comments require a response from the applicant: 1. Indicate the "Point of Begimung" on the plat 2. Remove Lot 2 from the plat. The area noted as Lot 2 is required asright-of--way dedication for State Highway 26 and shall be noted as such with shading or cross-hatching. Right-of--way dedications are not shown as separate lots. Change the name of the plat to read Lot 1, Block 1, removing Lot 2. 3. Remove all former unplatted property lines and unplatted tract volume and page information 4. Show a 40 foot front building line along State Highway 26. 5. Show a 20 foot landscape easement along State Highway 26. 6. Across-access easement is required on front of the property along State Highway 26. Indicate the easement on the plat. 7. Change the scale of the plat. The scale shows 1 inch equals 30 feet while the plat is drawn at 1 inch equals 40 feet. 8. On the metes and bounds description, start a new paragraph for each new change in bearing. 9. Remove the "Staff Approval Authority" signature block and replace it with a "Planning and Zoning Commission Approval" signature block written to the specifications stated in the Land Development Code. 100 Main Street - Colleyville, Texas 76034 - 8 1 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-07-040 MINOR PLAT OF THE GARDENS 10. Remove "apparent" from the description of the utility line noted on the southwest portion of the plat and note it as a ufility easement along with the dimensions and the volume and page information. 11. Show the width of all easements noted on the plat. 12. Show John McCain Road on the plat. In Your Response Letter, Acknowledge the Following Information: 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 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. 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 drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for non-residential development is $800 per acre. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, August 13, 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; PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE P-07-040 MINOR PLAT OF THE GARDENS ^ 10 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. 'The above requested items must be submitted no later than noon on Friday, August 3, 2007, in order to make the scheduled hearings. Please contact me at ruthvenr,c ci.collewille.tx.us or 817.503.1055 if you have any questions. PAGE 3 OF 3 DUNAWA~/ DA No. 2006-257 August 03, 2007 Mr. Ron Ruthven City of Colleyville 100 Main Street Colleyville, TX 76034 Reference: R-07-40 Minor Plat -The Gardens, Block 1, Lot 1 Dear Ron, The following changes have been made or not from the recommendations of the Development Review Committee 1) The point of beginning has been indicated. 2) Lot two has been revised to show ROW dedication per our discussion. 3) I am required to show the existing tract information and lot lines on the plat in grey or light line type to show the previous ownership and it's limits such that the plat will help maintain the chain of title and make it easier for future surveyors to retrace my steps. 4) 40' building setback is shown. 5) after discussion this comment was withdrawn. 6) Cross access easement is shown. 7) Scale corrected 8) Revised as requested. 9) Revised as requested. 10) Revised as requested. 11) Revised as requested. 12) Revised as requested. V'Je further acknowledge that impact fees for road water and sewer are due at the time of building permit. We will request a waiver from the sidewalk on SH due to lack of sidewalk on either side of us. Tree preservation will be identifi with the I sc a an and park fees will need to be paid before the plat can be filed. Ian Norfolk, P.E., S.I.T Senior Project Manager Dunaway Associates, L.P. 1 S01 Merrimac Circle, Suite 100 Fort Worth, Texas 76107 (817) 335-1121 Work (817) 632-4727 Duect (817) 335-7437 Fax (817) 371-4927 Blackberry inorfolkt7a,dunaway-assoc. com www.dunawayassociates.com RECEIVED Per ............. 1501 Merrimac Circle. Suite 100 g Fort Worth, Texas 76107 ~ Tel: 817.335.1121 $ Metro: 817.429.2135 $ Fax: 817.335.7437 ~ www.dunawayossociates,com ~1N (H ~' .h r 100 Main Street ~~q; City of C o l l eyvi I l e Colleyville, Texas 76034 (817) 503-1000 ~-~i,. Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 08/13/2007 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Replat for Lots 7R1, 7R2 and 7R3, Block 1 of the Heritage Office Park Addition on 2.2 acres being Lot 1, Block 1 of the Heritage Office Park Addition located at 5205 Heritage Avenue, Case P-07-038 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 08/13/2007 Planning and Zoning Commission Title Approval of a Replat for Lots 7R1, 7R2 and 7R3, Block 1 of the Heritage Office Park Addition on 2.2 acres being Lot 1, Block 1 of the Heritage Office Park Addition located at 5205 Heritage Avenue, Case P-07-038 Explanation Jeffrey Bullard is the owner of a 2.1 acre tract of land located at 5205 Heritage Avenue. The developer has submitted a request for approval of a replat that will consist of three commercial lots. The applicant is platting the property in order to construct an office campus. Zoning. The property is zoned CC2-Shopping Center. The CC2 zoning district requires a minimum lot width of 150 feet and lot depth of 120 feet, and a minimum lot area of 20,000 square feet. The proposed lots meet the lot development criteria as stated within the Land Development Code. Waiver Requests. The applicant is requesting two waivers for this property. 1. The applicant is requesting a waiver to the Mutual Access Easements regulations of the Land Development Code. Mutual access easements are required to provide shared use of a driveway or cross access to adjacent properties. The applicant has provided a shared driveway common access easement along the northern property line. The applicant is requesting a waiver from the requirement to provide a mutual City of Colleyville _ Page 7 Printed on 8/9/2007 Agenda Briefing Continued access easement to the southern property as there is no corresponding easement on the adjacent property. It is staff's opinion that the southern mutual access easement is not needed as the adjacent development will provide mutual access to adjacent lots along the frontage of Gateway Drive. 2. The applicant is requesting a waiver from the Lot Frontage regulations of the Land Development Code. The Land Development Code requires eighty (80) percent of a lot's frontage to be located along a public street or common access easement. Lot 7R-3 does not meet this requirement. It is staff's opinion that the proposed lot frontage along the access easement is adequate to provide access to the lot. Drainage. A lot grading plan will be necessary at time of building permit for the construction of new buildings. The Engineering Department will review and accept lot grading plans during the building permit process. Sidewalks and Trails. This development is not required to construct a sidewalk along Heritage Avenue as there is an existing sidewalk adjacent to the subject property. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies the platting s#andards contained in the Land Development Code with the exception of the waiver requests from the mutual access easement and lot frontage requirements. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville _ Page 2 Printed on 8/9/2007 Location and Zoning Map CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 17, 2007 TO JEFF BULLARD FAX 817.283.0400 FROM Ron Ruthven, Development Coordinator SUBJECT P-07-038 Replat -Heritage Office Parc, Lot 7R-1, 7R-2 and 7R-3, Block 1 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: Tarrant Appraisal District records indicate ownership that is different than what the plat application states. Provide one of the following: (1) A letter of consent, signed by the current property owner according to the Tarrant Appraisal District, or (2) if the property was recently purchased provide an official county document, such as a deed or tax certificate, indicating Jeff Bullard as the current owner. 2. Dead-end fire lanes in excess of 150 feet are required to have a city approved turn around. Lot 8, Block 1, Heritage Office Parc (north of this plat) does not show a reciprocal easement to the eastern most portion of the " 24 foot Common Access and Fire Lane Easement" on the plat. Contact Rob McKeown, Fire Marshal at 817.488.6277 for more information. 3. Lot 7R-2 does not meet the minimum lot size and lot width required by the existing CC2 zoning on the property. The minimum lot size required is 20,000 sq.ft. and the minimum lot width is 150 feet. Additionally, the Land Development Code requires at least 80% of the required lot width as frontage along a common access easement; the plat shows 117 feet (120 is the minimum required with the current lot configuration). Change the lot layout on the plat in order meet the minimum zoning requirements for lot dimensions. 4. State the reason for the waiver (abandonment) of the cross-access easement. The waiver will require approval by the Planning and Zoning Commission. 5. Change the title of the plat from "Final Plat" to "Replat". 6. 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 Z-07-038 REPEAT OF HERITAGE OFFICE PARC In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are not required for this plat as Heritage Avenue is an improved street. 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. 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 drip line of the preserved trees. The protective fencing maybe 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 Heritage Avenue where none exist. The sidewalk along Heritage Avenue must be at least 5-feet wide. The sidewalks must be installed when any new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, August 13, 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; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, August 3, 2007, in order to make the scheduled hearings. Please contact me at ruthvenr!~~ci.colleyvillc.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 David W. Myers, L.S.L.S., R.P.L.S. John W. Morgan, R.P.L.S. Ricky L. Gentry, R.P.L.S. Jason B. Rawlings, R.P.L.S. August 2, 2007 Mr. Ron Ruthven City of Colleyville 100 Main Street Colleyville, Texas 76034 Moa S s, Inc. LICE E TA RE TERED PROP SI AL D EYORS Texas .New Mexico .Arizona .Nevada Re: Lots 7R-1, 7R-2 and 7R-3, Block 1, Heritage 0,,~`ice Parc Dear Ron: • Topography • Forensic Surveys • Land Title Surveys • Any Size Boundary • Construction Layout • Platting/L,and Planning On behalf of the applicant, this letter is to inform you that I have made the following revisions to the above referenced plat as you requested: 1) The subject property is, in fact, in Mr. & Mrs. Bollard's name. I have included a copy of the deed to Mr. Bullard, et ux. If you need an official copy, let me know. 2) Since the fire lane requirement will have to met as part of the site plan application, I have removed the "firelane" designation from the easement. The property to the north is being developed in conjunction with this property and therefore provides an access "loop" through both properties. Also, across-access and parking agreement is currently in the process of being executed for both this property and the property to the north. I will be happy to place. a note on the plat which cites said agreement. 3) The lot configurations have been revised to provide for the 20,000 square foot requirement. However, the applicant is requesting a waiver from the City for the frontage length requirement. T'he current frontage along the easement in Lot 7R-3 is 82.4'. 4) The existing cross access easement which the applicant is requesting to abandon was placed on the plat before any design of the site had begun. Since the existing easement impedes the current landscape design, and since a revised easement has been designed which better serves all lots within this site, the applicant is requesting that the City abandon the existing easement. 5) The plat has been re-titled to "Replat" per your request. 6) The possible requirement of additional fire hydrants and the requirement of additional city fees have been duly noted As always, I deem it a pleasure to prepare plats in the City of Colleyville and should you have any additional comments please do not hesitate to call, fax or a-mail me. Sincerely, Jason B. Rawlings, R.P.L.S. RECEIVED cc: Jeff & Molly Bullard AUG 0 ~ 2007 Per ............. 1105 Cheek Spazger Road • Colleyville, Texas 76034-4152 • www.moaksurveyors.com • Metro (817) 268-2211 • Fax (817) 282-0401 Member Texas Society of Professional Surveyors do American Congress on Surveying do Mapping '" ~ ~ ~ ~ ~~i~i ~ ~ ~~ ~ ~ ~e~~" ft R° ~j a F ~ ~~~ yip ~ ~ ~ a aJ 4z~ ~ g +~4 ~ ~ ~ ~~ ~F~~~ ~f~ uu uoewv *~~ ~. 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I' 1 1+ j j 7 ~! a l a i - - - - > - ~ ~ l~~ }~ i~ i 1~ i~ 1 1~ ~i~ ~ ~~ it ~~ rl + "~~ asl~j~ !1111 ~~~~' ,i i ai ! 11 tr ~ a1 ~ e ~~ 7 i ~' ~ a I ~a ~ a ~e~~` !1! ltl~! ! ~~ ~'~'i ~ ~"III ~~~11~l~~~k~l~i~k~ii~~ f~~~ld ! ~~~jd i r-. 0 0 ^`' 100 Main Street r~ City of Colleyville Colleyville, Texas 76034 A' F~y.,j '~' (817) 503-1000 7~:~_ Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 08/13/2007 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Replat for Lots 2R1 and 2R2, Block 1 of the Combs Addition on 1.4 acres being Lot 2, Block 1 of the Combs Addition located at 6104 Hunter Lane, Case P-07-039 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 08/13/2007 Planning and Zoning Commission Title Approval of a Replat for Lots 2R1 and 2R2, Block 1 of the Combs Addition on 1.4 acres being Lot 2, Block 1 of the Combs Addition located at 6104 Hunter Lane, Case P-07-039 Explanation Christine Combs has submitted a replat fora 1.4 acre tract of land located at 6108 Hunter Lane. The applicant has submitted a request for approval of a replat that will consist of two residential lots. Zoning. The property is zoned R30-Single Family Residential. The R30 zoning district requires a minimum lot width of 125 feet and lot depth of 125 feet, and a minimum lot area of 30,000 square feet. The proposed plat meets the development criteria as stated within the Land Development Code. Existing Conditions. There is an existing house on the property. The house is in compliance with the setback requirements of the R30 zoning district. Sidewalks and Trails. The Land Development Code requires a sidewalk along Hunter Lane. The sidewalk must be 4-feet in width and constructed as new structures are built on the property. 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 City of Colleyville Page 7 Printed on 8/9/2007 A~crenda Briefin_q Continued the building permit process. Perimeter Street Improvement Requirements. Perimeter street improvements are required since Hunter Lane is considered an unimproved street and the plat contains more than one residential lot. The perimeter street improvement fee is based on the projected roadway impact of the proposed development and the amount of frontage along a public roadway. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies the platting standards contained in the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 8/9/2007 Location and Zoning Map 6304 / ` n ~ .~. - 00 904 ~ '~~;' ~ AG ~ ~ ~ ~ ~~5216 ~ 6316 ~ R-40 / F114 ~. 'F"c ~ ~ j - ~~ '~ rJ 6228 '~~ ~~ nit? R-~0 -- ' ~ 6'-4 p ~ b3D1 - 15 6212 fi212 j 6z~ ly SITE ~ ~1, 5 -- ~ 6113 H ' 6208 ~~ tzn i ~ 4 0 fi219 ~~ i ~ ,~ 6103 ~ '. ~ E129 ~~ EIS 62G0 5115 ~ ~~~ 508 ~ ~- ~ R-40 ~ _ . E~ui R-'l U 6114 ~ 6000 R=10 R-20 50d 500 G ~'d 14 6101 ~,~~-- ' 591"a ~ 1 ~ .001 s~i? - AG 6100 'I ? 04 ~ ~ 6014 512 57E Etla 608 612 800 804 AG 816 R-40 T R-40 g Bo P.-4 0 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 17, 2007 TO DAVID M~xs FAX 817.282.0401 FROM Ron Ruthven, Development Coordinator SUBJECT P-07-039 Replat -Combs Addition, Block 1, Lot 2R1 and 2R2 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. Storm water detention will be required to limit runoff to pre-developed conditions. Contact Jeremy Hutt, Project Engineer, at (817)503-1094 for more information. 2. State the exact acreage and square footage for all of the lots within the Combs Addition. All lots must be at least 30,000 square feet in order to comply with the R30 zoning requirements. 3. Indicate the side setback lines (10 feet) on lots 2R1 and 2R2. 4. 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. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat for Hunter Lane. Perimeter street improvements are required for the newly created lot(s) since Hunter Lane is considered an unimproved street. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. 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 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-035 REPEAT OF COMBS ADDITION 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 $2,187 for a SINGLE FAMII,Y DETACHED HOUSING unit. 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. 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 drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per dwelling unit. SIDEWALKS. The Land Development Code requires sidewalks on Hunter Lane. The sidewalk along Hunter Lane must be a minimum of four (4) feet in width and installed when any new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, August 13, 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; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, August 3, 2007, in order to make the scheduled hearings. Please contact me at ruthvenrnci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 /~ ~~ ~~ Moa S ,Inc. Livens d gistered Profes nal rveyors Texas • New Mexico • Arizona • Nevada • Topography • Forensic Survey David W. Myers, L.S.L.S., R.P.L.S. • Land Title Surveys John W. Morgan, R.P.L.S. • A~ Size Boundaries Jason B. Rawlings, R.P.L.S. • Construction Staking • Platting/Land Planning July 26, 2007 City of Colleyville 100 Main Street Colleyviiie, Texas 7d034 Attn: Ron Ruthven, Development Coordinator Re: P-07-039 Lois 2Rl end 2R2, Block 1, CombsAddidoa Replat Deaz Ron, This letter is in response to your comments letter dated July 17, 2007 regarding the applicant's replat submittal. 1) The parties have been made aware of the storm water detention required during development; 2) The square footage is shown for each lot. In addition, the acreage has been added for each lot; 3) The 10' sideyazd setbacks have been shown as requested; . 4) The structures on Lot ZR1 will not be removed and the existing structures have been added with dimensions; We will delete those improvements from the plat upon submittal of the mylars; In addition to the above comments, the owner and applicant acknowledge the comments made regarding perimeter street improvements being required for the new lot, parkland fees will be required, 4' wide sidewalk will be required along Hunter Lane, impact fees for water, sewer and roadway will be 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 information to Colleyville staff and should you have any further questions or comments, please do not hesitate to call. Sincerely submitted, ~- David W. Myer d~moaksurveyors.com cc: Bob Combs, owner/applicant Mark Nyland, buyer's agent .lUl. ~ ~~ .;;i,' 1 'w . ~ (Per ............. 1105 Cheek Sparger Road • Colleyvtlle, Texas 76034-4152 • www.moaksurveyors.oom • Metro 817-Z68-2211 • Fax 817-282-0401 Member Texas SoaeN of Professbrml Stuvevore & American Cwraresa on Stuvevma and Meoainn r i ~..: m • n ~~ R1 • < ~: o m v ~: ~ .~ 8 O ~~ V .OOI I..,M(«,~ fK A L 1071 1, ~1LtC f~l~ FM ~~ i ~~ ~j ~~$.~ ~ ~~~ ~ ~ ~ ~ ~~ t~Qr~ ~ ~~~~~ ~ txi =~ sti~ ~i ~~]~~ _~~~~~ Apr ~~ N ~ ~gtd' :~ ~ ~i ~)! ~~~~~~ ~ tr ~[a 14 Ea .~ig~ ~ l~ }~F t~ rk~ ~ ~ f0 ~' N ~ ~ * ? $~fE ` 8~~~`E E~ ~t ~E 1~ f ~~~ ~~ rt ~~ ~r ~ ~ ~~~ ~ ' aid ~ ~~~~ ~~'~~~ ~E ~t f' t~ ~~~~ ~~~~~ fz ~~ ~,_._' ~ ~~~ ~~ ~~~~~ ~~~~ 100 Main Street ~~','~ Y ~ Colleyville, Texas 76034 (817) 503 1000 '`~""? Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 08/13/2007 Agenda No.: 8c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 5.6 acres out of the S.C.H. Witten Survey located at 2505-2509 Hall Johnson Road, Case Z-07-022 Attachments: Location and Zoning Map Notification List Letter of Support Letters in Opposition Statement of Planning Objectives Proposed Lot Layout Small Lot Subdivision Comparison Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 08/13/2007 Planning and Zoning Commission Title Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 5.6 acres out of the S.C.H. Witten Survey located at 2505-2509 Hall Johnson Road, Case Z-07-022 Explanation Curtis Young has submitted a request to change the zoning of 5.6 acres, located on the southeast corner of Hall Johnson Road and Amador Trail. The applicant is requesting to rezone the property from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 16 residential single family lots and three open space lots. Existing Conditions. The property is currently developed as a commercial business and two single family homes. The property is not platted. In order to subdivide the property as proposed by the developer, approval of preliminary and final plats will be required at a later date, upon approval of the rezoning request. Master Plan. The Future Land Use Plan designates the subject property for future residential uses. This rezoning request is consistent with the residential land use designation. Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 City of Colleyville Page ! Printed on 8/9/2007 Agenda Briefing Continued dwelling units per acre in most situations. The 1998 and 2004 Colleyville Master Plans both stated that densities higher that 1.8 units per acre would be acceptable in areas deemed consistent with sound land use planning principles, such as smaller parcels that make less dense development economically difficult. The proposed development of 16 residential units on the 5.6 acre subject property will produce a density of 2.9 dwelling units per acre. The proposed residential density is comparable to other approved small lot PUDR developments within the city. The Tiffany Park development contains 25 dwelling units on 7.1 acres for a residential density of 3.5 dwelling units per acre. The Tuscany development contains 35 dwelling units on 8.7 acres for a residential density of 3.9 dwelling units per acre. The Cambridge Park development contains 38 dwelling units on 9.0 acres for a residential density of 4.2 dwelling units per acre. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet and a minimum lot width of 100 feet. The developer has provided information for inclusion in the PUDR ordinance regarding lot sizes, lot widths and lot depths. The minimum lot size being proposed is 8,700 square feet for interior lots and 10,000 square feet for lots adjacent to existing residential lots that are not part of this development. The minimum lot width proposed. is 65 feet feet for interior lots and 70 feet for lots adjacent to existing residential lots that are not part of this development. The minimum lot depth proposed is 120 feet. Open Space. The PUDR regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The proposed site plan for the development shows 19.3 percent of the total development as open space. The proposed development contains three open space areas. All of the open space areas will be landscaped and maintained by the homeowner's association. The large open space lot located near the corner of Hall Johnson Road and Amador Trail will include a sidewalk and benches. The open space lot that contains the detention pond will include a bench adjacent to the sidewalk. Additional Trees. The applicant proposes a minimum of two trees be planted within the front yard of each lot. Each tree will be a minimum of three caliper inches at the time of planting. For those lots on the east and south side of the subdivision, backing to adjacent single family homes, a minimum of two oak trees of three caliper inches shall be planted within 10 feet of the rear property line. The applicant also proposes to plant trees within the open space lot at the corner of Hall Johnson Road and Amador Trail at a rate of one tree per 50 linear feet of open space adjacent to the roadways. Tree Preservation. A tree survey of the property will be required after final plat approval, at the time of submittal for a clearing and grading permit. Sidewalks. This development is not required to construct a sidewalk along Hall Johnson Road as there is an existing sidewalk adjacent to the subject property. The developer will be responsible for replacing and/or repairing the sidewalk, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. In addition to the sidewalk in the open area, the developer proposes the construction of 4-foot sidewalks along both sides of the internal street. City of Colleyville _ Page 2 Printed on 8/9/2007 Agenda Briefing Continued Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site detention. Details of the proposed drainage system and storm water detention ponds will be submitted as part of the platting process. Access. The development will have access from Amador Trail and Hall Johnson Road. The applicant has indicated that the development will not be gated. Fencing and Screening. The applicant is proposing to construct a six foot tall masonry or wrought iron perimeter fence along Hall Johnson Road and along Amador Trail. The applicant is proposing a six foot cedar wood fence along the eastern and southern property lines. The applicant also proposes fencing standards on individual lots. Wood fencing between lots, along side yards is permitted. All front elevation fences, from the front of the house extending to the side property line, shall be of an open style design and constructed of decorative metal. Rear yard fencing for all lots backing to the open space lots shall be of an open style design and constructed of decorative metal. Surrounding Properties. The surrounding properties consist of residential uses. The subject property is adjacent to single family residential uses on all sides. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 16 lot development would add approximately 153 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 32 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. As of this writing staff has received six (6) notices opposed to the request and one letter in support of the request. Additionally, a letter was submitted from the Oak Creek Estates Home Owners stating opposition to the zoning request along with a petition with eleven (11) signatures in opposition, four of which were within the 200 foot notification boundary. Summary. While the proposed development exceeds the residential density of 1.8 dwelling units per acre, staff feels the location of the development is appropriate for this type of higher density residential development as this is a residential infill project that will bring the property into compliance with the Future Land Use Plan. The recommendation for approval is based upon compliance with The Colleyville Plan, what staff feels is an appropriate land use for the site and the minimum traffic impact on Hall Johnson Road. City of Colleyville Page 3 Printed on 8/9/2007 Agenda Briefing Continued Recommendation Approval, with the conditions stated within the draft ordinance. City of ColleyviUe _ Page 4 Printed on 8/9/2007 Location and Zoning Map R-20 R-20 R-20 ~ 2505 2507 iC ~ M ~ ~., ry ~ ~ i N ° ~ ~ ~ R-20 35 Site - __ --- -- ~ -- --- -~Al„L_J_~H.._ SIV_ ~N-- --- R-20 2317 2505 5704 Z_ ~ 2500 2502 09 2313 2505 2505 2505 2509 G: 2504> ~ ~ 5702 AG Q ' `~ AG AG R-20 5700 ~ 2501 ~ 2503- 1 1 5606 ~ 5605'' 5604 ~REEK~~Q 5606 AG R-20- 5503' 2400 2402 2404 R-20 5602 R-20 5600 I 5601 3406 SPRUCE R-20 5606 5607 5505 5508 Notification List OWNER NAME Aghdam, Lida Glendon, Pamela S Etvir Mark P Bostick, Billy Etux Kathy Butterfield, Keith Etux Carole Case, Gary & Dana Farnsworth Chandler Cantrell Properties Chandler Cantrell Properties Crews, Donald R Etux Donna L Early, Steven A Etux Kimberly Goldstein, David A Etux Shelby Gonzalez, Denise Hall, Charlie W Etux Helen Fay Harrison, Gary L Etux Cheryl J Herald, William Kent Holzbach, Cynthia A Jeffers, Mark J Etux Debra A Kiener, Kevin R Licata, Anthony M Etux Linda M Morgan, Larry J Etux Joyce M Pierce, Eddie Etux Lorena Racr Investments, Inc Racr Investments, Inc Racr Investments, Inc Racr Investments, Inc Sanders, Billy Etux Charlotte Sopkin, Michael Etux Nicole Venner, William G Etux Kayla J Wimmer, Martin A Etux Gayelynn Wood, Thomas T Etux Lea Ann Arbor Estates HOA Highland Meadows HOA Curtis Young OWNER OWNER ADDR CITY 2503 Ballantrae Dr Colleyville PO Box 560326 Dallas 2505 Ballantrae Dr Colleyville 2309 Ballantrae Dr Colleyville 5607 Poplar Ct W Colleyville PO Box 611 Colleyville PO Box 611 Colleyville 5702 Winding Trl Colleyville 5606 Creekside Ct Colleyville 2402 Spruce Ct Colleyville 2404 Spruce Ct Colleyville 4200 Glade Rd Colleyville 5604 Creekside Ct Colleyville 5704 Winding Trl Colleyville 1305 Bellefonte Ln Colleyville 2406 Spruce Ct Colleyville 2407 Ballantrae Dr Colleyville 5600 Creekside Ct Colleyville 2405 Ballantrae Dr Colleyville PO Box 1846 Colleyville 1305 Bellefonte Ln Colleyville 1305 Bellefonte Ln Colleyville 1305 Bellefonte Ln Colleyville 1305 Bellefonte Ln Colleyville 5508 Winding Trl Colleyville 2400 Spruce Ct Colleyville 2501 Ballantrae Dr Colleyville 5700 Winding Trl Colleyville 2401 Ballantrae Dr Colleyville 3205 Mulberry Cour Colleyville P.O. Box 662 Colleyville 8445 Freeport Pkwy Irving OWNER OWNER STATE ZIP TX 76034 TX 75356 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 76034 TX 76034 TX 76034 TX 75063 SITUS ADDR 002503 Ballantrae Dr 002403 Ballantrae Dr 002505 Ballantrae Dr 002309 Ballantrae Dr 005607 Poplar Ct W 002319 Hall Johnson Rd 002317 Hall Johnson Rd 005702 Winding Tr 005606 Creekside Ct 002402 Spruce Ct 002404 Spruce Ct 005606 Amador Tr 005604 Creekside Ct 005704 Winding Tr 002509 Hall Johnson Rd 002406 Spruce Ct 002407 Ballantrae Dr 005600 Creekside Ct 002405 Ballantrae Dr 005602 Creekside Ct 002505 Hall Johnson Rd 002505 Hall Johnson Rd 002505 Hall Johnson Rd 002505 Hall Johnson Rd 005508 Winding Tr 002400 Spruce Ct 002501 Ballantrae Dr 005700 Winding Tr 002401 Ballantrae Dr applicant Page 1 of 1 Letter of Support Amy Shelley From: SHU222 ~~ Sent: Thursday, August 09, 2007 6:13 AM To: Amy Shelley Subject: Re: Redevelopment of the Plant Shed Please forward my comments to the Planning and Zoning Commission, I am unable to attend the Monday meetings. I live in Arbor Estates, in fact, in the Spruce Court cul-de-sac that backs up to the Plant Shed. I was thrilled when I saw the rezoning request advisements, and quite pleased to read about the planned housing development to take the place of the Plant Shed. It is a mystery to me why any homeowner in their right mind would prefer that trashy nursery to a landscaped neighborhood of $700,000 homes. The elimination of retail property adjoining my neighborhood can only be good for my property value. Not to mention less traffic and noise pollution. The only drawback might be that I'll no longer have a landmark to use for telling people where to turn to get to my house. (Take a left at the Plant Shed.) Please approve the rezoning and the development of a new neighborhood of single-family homes that has been requested by Four Peaks Development. It's better for Colleyville! Sincerely, Lora Shumate 2407 Spruce Court Colleyville, TX 817-540-0735 Resident since 1990 8/9/2007 Y Dear Ms. Shelley, This letter is in response to a rezoning request petitioned by Curtis Young for properties located at 2505-2509 Hall Johnson Road, tracts 1 R8, 1 R7, 1 R6, 1 R5, 1 R5A, 1 R11, 1 R12 8~ 1 R13 A-1619 of the S. Wittten Survery from AG-Agricultural to PUDR-Planned Unit Development. After much consideration Oak Creek Estates homeowners (list attached) are in agreement and wish to voice our disapproval of this consideration. Thrust in the middle of the current surrounding'/2 acre lot homes a higher density subdivision would not be aesthetically agreeable. While we believe that a rezoning request for these prospective properties will one day need addressed, we strongly believe that aPUDR-planned unit development rezoning is unwarranted and unwanted by existing residents. We remain steadfast in our resolve to maintain nothing less than a preferred half-acre residential lot for the tracts in question. We respectfully request that this re-zoning request petition be denied Sincerely, Oak Creek Estates Community Development Department SUN 19 ~""~ City of Colleyville ~ Planning ~ Zoning Commission Q8!' ••• "•'-~~~~ Attention: Amy Shelley 100 Main Street Colleyville, TX 76034 June 13, 2007 PLEASE Deny rezoning request petitioned by Curtis Young for properties located at 2505-2509 Hall Johnson Road, tracts 1 R8, 1 R7, 1 R6, 1 R5, 1 RSA, 1 R11, 1 R12 8~ 1 R13 A-1619 of the S. Wittten Survery from AG- Agricultural to PUDR-Planned Unit Dev opment. . / (P ASE PRINT) Name. ~ 1 + ~``I ~t--~d-~( 1 ~.~ S `~ Name: Street Address: lt> I fi1~34- Telephone Number: /7 11~,~ Signature _ i ~ Name: ~-ian-1 ~~ ~r~So~i Street Address: y~o~/ G~e(cs,~k C-~- Telephone ~tuber: t-~ of 7- l7 Sianatur~S~ ~ _ ~ Name: ; KAY M ~ ~--[GA~w Street Address: 5!000 Grp c.k. Sld.t_U Telephone N ber: ~/l ` SL{~S-~-f a-t I Signature~~~c~-~' ~`' Name: ~ rt A ~a~~~n ~lef~P~ Street Address: ~~ ~ ~PPyss (dP C~ Telephone Nu~be_r: 81 ~ - 5 ~j •q3 8~ Signature G ~~~ ~ Name: Street Address: ~ ~ Telephone N er: Signature Street Address: oGcl~1~/~D Telephone Number: 07 Signature ~ n Per °'# Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature ~-- -- v Name: (,~, ~r ~,/~R-F~ '~ Name: Street Address: ~S ~ o ~ l,t~ iha~ in 7i'~tf L Street Address: Telephone Number: S'/7- S 6q 9 Telephone Number: Signature~~~ p~ Signature Street Address: r~ ~ Telephone Number: - !~ 7 ~ignature~N ~ _ ~~~~,~ ~,-~,,~~~~ Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature PLEASE Deny rezoning request petitioned by Curtis Young for properties located at 2505-2509 Hall Johnson Road, tracts 1 R8, 1 R7, 1 R6, 1 R5, 1 R5A, 1 R11, 1 R12 & 1 R13 A-1619 of the S. Wittten Survery from AG- Agricultural to PUDR-Planned Unit Development. Name: 5 g.~, l u ~~.~ ~,~ Street Address ~,~j~, ,~ ~.~, ~ Telephone umber:g~y ~„2 4- ~/DL Signature Name: Street Address: ,5,~y ~S~S ~-, Telephone Number: $~~ 54s ~~ Signature Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature (PLEASE PRINT) Name: Street Address: ~~GJ Kw Telephone Num $ -28 Signature Name: ~-~ tel. Street Address: ,2S2~y KArJC,S C~ Telephone N er: ~i ;~ Signatur Name: Street Address: Telephone Number: Signature ~tECE1VE .SUN 19 2007 Name: Street Address: P8[ ..• ~--y" Telephone Number: Signature Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature Name: Street Address: Telephone Number: Signature June 18, 2007 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Dear Sir or Madam, We were identified as one of the homes within 200 feet of zoning case number Z-07- 022. This case relates to the property at 2505 - 2509 Hall Johnson Road. Please consider this as our formal notification in PROTEST AGAINST the proposed re- zoning from AG-Agricultural to PUDR -Planned Unit Development Residential. We believe that if this property is re-zoned to PUDR, it will reduce our property values substantially. We do not want this property to be rezoned to PUDR. Sincerely, ~ // -- '' DECEIVED Signature: `~G(~~ ~ JUN ~ 9 01 ~~ 11 / Per ``~ Printed Name: ~ -7~~ T7C~ /~F} ~Q~ ~`R"~""`~~ ~~ tt ~ Address: e ~ "l_.~lJ ~ n ~ i n~ ~ rfil ~- Phone Number: ~ / 7 -~ s ~~ --- ~ ~~ June 14, 2007 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Dear Sir or Madam, We were identified as one of the homes within 200 feet of zoning case number 2-07- 022. This case relates to the property at 2505 -2509 Hall Johnson Road. Please consider this as our formal notification in PROTEST AGAINST the proposed re- zoning from AG-Agricultural to PUDR -Planned Unit Development Residential. We believe that if this property is re-zoned to PUDR, it will reduce our property values substantially. We do not want this property to be rezoned to PUDR. I strongly believe that aPUDR-planned unit development rezoning is unwarranted and unwanted by existing residents. We remain steadfast in our resolve to maintain nothing less than a preferred half-acre residential lot for the tracts in question. Sincerely, Signature: II ;~.Cti~~~ cU Printed Name: ~ ~-, 1-t a ~r~ S~o/~ JUN 1 9,/~Z~D7 Address: ~G o~-L Cree k=Sr c~ e C~ Per ..,,1~ ,~. Phone Number: SS(~ ~~ 7 -`778 .tune 15, 2007 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Dear P8Z Commission, This letter is in response to a rezoning request petitioned by Four Peaks Development, Inc. for properties located at 2505-2509 Hall Johnson Road, tracts 1 R8, 1 R7, 1 R6, 1 R5, 1 RSA, 1 R11, 1 R12 & 1 R13 A-1619 of the S. Wittten Survery from AG-Agricultural to PUDR-Planned Unit Development We were identified as one of the homes within 200 feet of zoning case number 2-07- 022. Please consider this as our formal notification in PROTEST AGAINST the proposed re-zoning from AG-Agricultural to PUDR -Planned Unit Development Residential. We believe that if this property is re-zoned to PUDR, it will reduce our property values substantially. We do not want this property to be rezoned to PUDR. I strongly believe that aPUDR-planned unit development rezoning is unwarranted and unwanted by existing residents. We remain steadfast in our resolve to maintain nothing less than a preferred half-acre residential lot for the tracts in question. Sincerely, RECEIVED Signature: JUN 19 7 Printed Name: Pa,-}-r • c,k d- 5a { 1 u Pp~ ~„~ Per Address: aS' O O ~, r, ~ ~ ~~ Phone Number: gl ~ '' p2 £s 3 - ~ / D ~ June 14, 2007 Community Development Department City of Colleyville 100 Main Street CoNeyville, TX 76034 ~a~o~ Dear Sir or Madam, We were identified as one of the homes within 200 feet of zoning case number Z-07-022. This case relates to the property at 2505 -- 2509 Hall Johnson Road. Please consider this as our forma! not cation in PROTEST AGAINST the proposed re-zoning from AG Agricultural to PUDR -Planned Unit Development Residential. We believe that if this property is re-zoned to PUDR, it will reduce our property values substantially. We do not want this property to be rezoned to PUDR. Sincerely, Signature: ~ , , ~., ~, . tom. /~'~~~ ~ ,, Printed Name: ~`-~~~ ~ /Lt.y/1 ~'~' ; JUN 1 J LuUi Address: ~~700 ~%~ C~~r2ci ~ ~ ~c`_ ~ ,, Per .~~~u-w- Phone Nurtlber: C~~ ~~ 8~ y - qi a 7 June 14, 2007 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Dear Sir or Madam, /~( ~~~~ We were identified as one of the homes within 200 feet of zoning case number Z-07- 022. This case relates to the property at 2505 - 2509 Hall Johnson Road. Please consider this as our formal notification in PROTEST AGAINST the proposed re- zoning from AG-Agricultural to PUDR -Planned Unit Development Residential. We believe that if this property is re-zoned to PUDR, it will reduce our property values substantially. We do not want this property to be rezoned to PUDR. I strongly believe tha# a PUDR~lanned unit development rezoning is unwarranted and unwanted by existing residents. We remain steadfast in our resolve to maintain nothing less than a preferred half-acre residential lot for the tracts in question. Sincerely, Signature: Printed Name: Donna Crews Address:_ 5702 Windins~ Trail REC~1~~D JUN 1 9 2007 Per .,.~~~ s Phone Number. 817545-2442 June 14, 2007 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Dear Sir or Madam, We were identfied as one of the homes within 200 feet of zoning case number Z-07- 022. This case relates to the property at 2505 - 2509 Hall Johnson Road. Please consider this as our formal notification in PROTEST AGAINST the proposed re- zoning from AG-Agricultural to PUDR -Planned Unit Development Residential. We believe that iF this property is re-zoned to PUDR, it will re~oe our property values substantiaAy. We do not want this property to be rezoned to PUDR. I strongly believe that aPUDR-planned unit development rezoning is unwarranted and unwanted by existing residents. We remain steadFast in our resolve to maintain nothing less than a preferred half-acxe residential lot for the tracts in question. Sincerely, Signature: Printed Name: Donald Rav taws Address: 5702 Winding Trail REG~I1~'~'° ~ JUN 1 g ZOOi Per ~4~.~;,~, Phone Number: 817-545-2442 The Villas at Arbor Estates Colleyville, Texas Statement of Planning Objectives The Villas at Arbor Estates is a proposed residential neighborhood to be developed by Four Peaks Development, Inc. under to the Planned Unit Development (PUD) regulations for residential development in the City of Colleyville. The 5.655 acre property is located at the southeast corner of Hall Johnson Rd. and Amador Trail. The property is currently zoned Agriculture "Ag" and is occupied by two single family rental homes fronting Hall Johnson at the northeast corner, with the balance of the property occupied by the "Plant Shed," an ongoing retail nursery and landscape business owned and operated by the current owner and seller of the property. The surrounding area is, for the most part, fully developed except for a small amount of vacant Commercial and Ag zoned land directly across Amador Trail to the West. The Commercial zoned property ("CC-1") is partially developed as Office with an existing two-story building, with a remaining site available to be developed in the future as additional Office or other uses allowable under the CC-1 district ordinance. The subject tract is also bounded by R-20 residential: to the north (across Hall Johnson from the subject tract) by the Highland Meadows single family residential subdivision, to the East by the single family residential neighborhood of Oak Creek, and adjacent to the south of is the Arbor Estates neighborhood which also has an R-20 zoning designation. While the existing use of the subject tract (retail landscape nursery) is out of character for this area of Colleyville and anon-conforming use in the Colleyville Master Plan, it is able to continue to operate without proper zoning, as it is a "grandfathered" use. In our discussions with the adjacent neighbors, there has emerged a clear preference on their part for the Commercial Use (retail landscape nursery) to be replaced with residential, and they have been supportive of our efforts to determine a method to make that possible. Uses with "grandfather" status may not be forced out of business to bring the property into conformance, they must be enticed. And, as the current use is a profitable commercial enterprise, therefore able to command a "commercial" price to acquire the property, the only practical solution to accomplish that end is to create a development with a sufficient financial return to provide the means to entice the current owner to sell the property and forgo the ongoing income of a successful operating business. To do this, we have determined a residential zoning of a slightly higher density than R-20 is necessary. Of course, quality and compatibility with the adjacent residential, as well as the rest of Colleyville would still be essential, and we have designed this proposal with those goals in mind. RECEIVED JUf_ 1. 9 ?1)0' Per ............. It is our belief that our proposed development plan and associated zoning and preliminary plat meet that objective and would serve as a compatible residential use in a mature neighborhood, while also serving as a buffer and transition to the existing commercial use and additional commercial zoning of the property across Amador Trail. It is our further belief that as Colleyville matures as a community, the demand and need for high quality housing on smaller lots with less maintenance will continue to grow. We foresee the primary target market for homes within The Villas at Arbor Estates to be families already residing in Colleyville, who want to stay close to their friends, healthcare providers, social and church organizations, and live in a luxury home of the highest quality, but at the same time desire to have a home with less maintenance and one where the closer proximity of homes creates a more active, pedestrian oriented neighborhood with fewer exterior maintenance responsibilities inherent with half acre lots. Additionally, there is not a subdivision in this immediate area of Colleyville serving this segment of the housing market. The single road development will have as its focal point, and feature, a private park and landscaped perimeter located along the frontage of Hall Johnson and Amador Trail. The park will be improved with a walkway, seating benches, pond and planted with numerous trees, at least double the number as would be required under the PUD Open Space Design. Requirements of one tree for every fifty feet of common open space adjacent to street rights of way. Full ingress and egress to the development may be made from Amador Trail and Hall Johnson via the existing median break. To encourage pedestrian activity in the neighborhood, sidewalks will be built along both sides of the interior street, and through the perimeter park along Hall-Johnson and Amador Trail. The scale and orientation of the development has been designed to have an inviting visual flow with the existing neighborhoods and surrounding uses. The layout will provide and encourage a safe and inviting walking environment for passive recreational uses. The design criteria of the homes will create high quality designed homes in keeping with both the immediate neighborhood and Colleyville as a whole. Development Schedule The Villas at Arbor Estates will be developed in a single phase with the development commencing upon the successful completion of the zoning and platting and the subsequent approval of the final plat and engineering plans. Construction of homes is anticipated to start immediately upon completion of the subdivision's infrastructure. Economic Development Information The Villas at Arbor Estates will have a total of eighteen (16) homes, each with an estimated value upon completion of between $500,000 and $650,000, resulting in an overall tax base of $9,200,000, based on a $575,000 estimated average. At the current tax rate of 2.694677%, the total taxes generated from the development are projected to be $227,910, with $31,501 generated directly for the City. Development Standards Permitted Land Use: Single Family Residential Detached Minimum House Size: 2,400 square feet for a single story home, 2,600 square feet for a two story home Minimum Lot Area: 10,000 s.£, where adjacent to existing residential lots, 8,700 s.f., for Interior Lots (those adjacent to Amador Trail). Minimum Lot Width: Sixty-five feet (65') for interior lots, seventy feet (70') for lots adjacent to existing residential. Front Yard Setbacks: Fifteen feet (15') except if a garage faces the street, it shall be located a minimum of twenty feet (20') back of the property line Rear Yard Setbacks: Fifteen feet (15') Side Yard Setbacks: For Interior Lots: Three feet (3') on one side, as designated on the plat, on which side no operable, vision windows shall be allowed. The other side yard shall have a minimum setback of seven feet (7'). Lots Adjacent to existing Residential: Seven and one-half feet (7 '/2'), both sides. Minimum Roof Pitch: Minimum of a 10:12 roof pitch Garage Standard: Minimum of a two car garage with wood, architecturally enhanced doors Masonry Requirement: Eighty percent (80%) on the ground floor, with a Hardy board or plank material or stucco material on the second floor. No EIFS or artificial stucco material shall be permitted in the subdivision. Additional Elevation Requirements: All plans will be reviewed by The Villas at Arbor Estates Architectural Committee. Elevations will have a hierarchy of plate dominance featuring custom front doors and entrances; balanced architectural features and interests with natural tones for paint and exterior finishes. Roofing to be either 401b. Architectural Dimensional shingles, slate, the or standing seam metal. Each elevation should add interest to the entire streetscape. Driveways and Private Walkways: All shall be of a washed aggregate or stamped finished concrete Windows: No aluminum widows allowed in the subdivision, only windows of higher quality and energy efficiency will be allowed. All windows will be insulated glass with a "low-e" specification. Fencing: Wood fencing between lots is permitted. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or Masonry. All lots backing to the Common Open Space shall be open style fencing of decorative metal, and/or Masonry. Where lots back to existing residential lots, the existing fence shall be kept, maintained or improved in coordination with each owner. Streetscape Standards: Minimum of two (2) three-inch (3") caliper trees per front yard. Fully landscaped and sprinklered front and rear yard within sixty days of completing a house. Front Yard Maintenance: The front yards of every home within the subdivision shall be maintained in a consistent, uniform manner by The Villas at Arbor Estates Homeowners Association through dues collected from the individual homeowners. Membership in the Homeowner's Association is mandatory. Rear Yard Landscape: Those lots on the east and south side of the subdivision, backing to adjacent single family homes, shall be planted with minimum of two oak trees of three (3 ") inch caliper at a distance of not greater than ten feet from the back property line. If an existing tree, of any species, of at least three inches in caliper is already located within this required planting zone, the existing tree shall replace the new tree planting requirement on a one tree for one tree basis. Street Design Standards: Right of Way: Fifty feet (50') Travel Lane Width: Thirty-one foot (31'), back of curb to back of curb Turning Radii: Fifteen feet (15') Open Space Standards: The Common Open Space shall be fully landscaped and irrigated with a combination of trees and shrubbery pursuant to an approved landscape plan. The Common Open Space shall be owned and operated by The Villas at Arbor Estates Homeowners Association which shall have a mandatory membership of all homeowners and shall collect dues in amounts satisfactory to maintain the Common Open Space. The Association shall have fine and lien rights as permitted by law to enforce compliance with the rules of the association. Signage: A sign identifying the subdivision shall be built into a wall section at the immediate northwest corner of the project at the intersection of Hall Johnson Rd. and Amador Trail ~ ils r ~ } r t)s ft! }~ T~ 5S ~ c ~ I i ~ d fk j F j ~jl ~~ ~ j t ~~E a3t ~ f i i~ ~ ' i D 7 Si i it{ + Jr~ i~~ Ii' ~~'i~r91~~S,,ifi~~ ;Ii~:t~~ ~yy_#~I~at rjr`i~ ~ ii'~Isi~ts~}iis i-i ti~~1 ii r ~, sii~'i `i ~ #j~~ '~j ~f ~ r ~ ~ I ii I~ i S t i I. i~ ~~ h i ,~ ~tii ~ is ~ ~ ~~ ti E', ! ~; i~ j ~ ~~ `t 'i i~ i i S {s ~} ~~i ~1 ~j ~- ~~ si ~~ i'i~,'i~~;s; ~~} f~I[ j,i ,, ti!~i sr t~i{ i~sisii;~~~~;~s ~~~ii~Uk ~~6~d~^ r~ ~~[~t ~E>1t:=4;~ [~3(=~ rs!iI',ii[l~~~tr 3 1{ i~ i° i} f t 3 d i e ] , , { ~ t '~ ~ : 4 yy,9 , I e1 I ' i s ~ '~~~ ~ Y i 1'i I ~ ~ ;~ E t ~~~~ ~ 1 ; ; `ii E~ i I ~ + ~~ s '~ i I~,, { { y t ~ I s e{ ~ `~ ~ ' 3 4x t !# 3 3 ~ { ~ ~ ii c 'ti IIi~ ~~ ( ~ ~ ~ ilia A j i ~ ~ ~i iI 7 l ~ 1 ii1~ t ~, f i h ,'i~ iq t {, ~ ~j ills , t~ i ! it sfL1 '} {' ~''ti is ~~ k3i ~~4i ~ ' i ~ t~ ~ L~~N ~' ~>d~~ $~ o "' ~ ~ ro c .+ v+ r m a~ao ~~m~ ~ a ~ ~ ~waa ,~ ~ ~ c'Q u u '~' N U O E .o €' cg O ~~~~~~ ~~q~~~~ N ~~~N 4~ =LL~ ~~ E a`~a~+~'u~il~~~g~~Ws ~ iAit Y +_ _.. 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Ave. Density Acres Open Space pprova Date Width Depth Size Size illas of aldwell 43 59 115 6,594 7,408 3.7 dua 11.56 18.3% 4.1.97 reek ridges at iverwalk 32 56 106 6,001 6,479 3.0 dua 10 24% 12.21.99 iverwalk t 53 60 115 6,331 7,666 3.2 dua 20 20% 4.4.00 olle ville osewood illas 53 59 110 6,482 6,899 3.6 dua 14.76 21.4% 8.8.01 merald ark 72 60 120 7,200 7,508 3.5 dua 20.19 19.6% 10.1.02 iffany ark 25 60 100 7,200 7,580 3.5 dua 7.16 20% 10.21.03 uscany 35 60 110 6,600 7,878 3.9 dua 8.78 6.6% 2.17.04 ambridge ark 38 50 58 4,500 5,300 4.2 dua 9 22.0% 7.6.04 Copperglen 22 55 105 5,924 6,650 3.9 dua 5.6 20% 10.17.06 ORDINANCE 0-07-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 5.6 ACRES OUT OF THE S.C.H. WITTEN SURVEY, 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 a rezoning under Case No. Z-07-022; 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 6 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 5.6 acres out of the S.C.H. Witten Survey from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district, as depicted on the Location and Zoning Map, labeled as Exhibit "A" and as described on the Legal Description, labeled as Exhibit "B". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 2.9 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 0-07-xxxx Page 3 of 6 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS 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 5. OPEN SPACE 10,000 square feet where adjacent to existing residential lots not part of this development; 8,700 square feet for all other lots. 65 feet for interior lots, 70 feet for lots adjacent to existing residential lots not part of this development. 15 feet, unless the garage faces the street; then the setback shall be 20 feet. For interior lots: 3 feet on one side, as designated on the site plat. The other side yard shall have a minimum setback of 7 feet. 15 feet a. This development shall provide not less than 19.3% 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. Benches and walkways shall be permitted within the open space areas. 6. SCREENING a. There shall be a six (6) foot tall masonry and or iron perimeter fence along Hall Johnson Road and along Amador Trail, as shown on Ordinance 0-07-xxxx Page 4 of 6 Exhibit "C". b. There shall be a six (6) foot tall cedar wood screening along the south and east boundary lines, as shown on Exhibit "C". 7. SIDEWALKS AND PATHWAYS a. Sidewalks shall be required along both sides of the new street. b. The developer will be responsible for replacing and/or repairing the existing sidewalk along Hall Johnson Road, should damage -occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. 8. ARCHITECTURAL FEATURES a. Driveways and Private Walkways - All shall be of a washed aggregate or stamped finished concrete. b. Side Yard Windows -Only non-operable, opaque windows shall be allowed on the side of a dwelling unit facing a 3-foot side yard setback. c. Masonry Requirement - 80% on the ground floor, with Hardy board or plank material or stucco material on the second floor. No Exterior Insulation and Finishing System (EIFS) or artificial stucco material shall be permitted. d. Garage Standard -Minimum of a two car garage with wood, architecturally enhanced doors. e. 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. f. Windows -All windows shall be insulated glass with a "low-e" specification. No aluminum windows shall be permitted. 9. OTHER a. Irrigation -Within 60 days of the certificate of occupancy being issued, all lots must be fully irrigated. b. Streetscape Trees - A minimum of two (2) trees to be planted within the front yard of each lot. Each tree will be a minimum of three caliper inches. Ordinance 0-07-xxxx Page 5 of 6 c. Open Space Trees -The developer shall plant, at a rate of one tree per 50 linear feet of open space adjacent to street rights-of-way. d. Rear yard Trees -For those lots on the east and south side of the subdivision, backing to adjacent single family homes, not a part of this development, a minimum of two oak trees shall be planted within 10 feet of the rear property line. Each tree will be a minimum of three caliper inches. If an existing tree, of any species, is located within the described area, the existing tree shall satisfy this planting requirement on a one to one basis. e. Tree Credits -Trees to be planted within the development shall be credited towards trees required to be planted in accordance with the tree preservation requirements within the Land Development Code. f. Signage - A sign identifying the development shall be built into a wall section at the corner of Hall Johnson Road and Amador Trail. The sign shall meet requirements of the Land Development Code. 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. Ordinance 0-07-xxxx Page 6 of 6 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 -Location and Zoning Map R-20 R 20 R-20 2505' 2507 ry m' N t`rv N n r ~ N R-2O ..... .~....~,... Site R-20 c~ 2317 2505 ~Y~-" I 5704 Z ~~ 2502 2500 2313 2505 2505 2505 2509 ~ _.__..........---- 2504 5702 tt i AG ~ AG AG R=20 ~ 5700 , 2501 2503 \\\\ ` l 5606 \ , ,,.~,~~~~~~~~~~~~~~~°,,`~~ 5605 5604 CSYl=G~~.l6++ 5606 AG R-20 ~ 5s03 2400 2402 2404 R-20 5602 I R 20 5600 ; 5601 24os ~ f ( 5606 5607 ~ 5509 5508 ,~~,I, ~: Exhibit "B" -Legal Description BEING al! that certain to t, tractor parcel of land, out of the S.C.H. WRITTEN SURVEY, ABSTRACT 1619 fn the City of Colleyville, Tarrant County, Tezaa, and being aU of a tract being described in Four Tracts in deed to McClendon Nurseries, Inc., recorded hY Volume 6777, Page 1035, al! oft he Deed Records of Tarrant County, Texas, and all lands being more particularly described by metes and bounds as follows: Beginning at a set 1/Z" iron rod in the East line of Amador Trail, and said iron rod being 2371.16 feet North and 449.0 fret North 89 degrees 43 minutes West from the Southeast corner of said S.C.H. Whitten Survey; THENCE South 00 degrees 17 minutes 00 seconds West, along the East line of said Amador Trail, a distance of 137.97 feet to a set 1/Z" iron rod; THENCE South 89 degrees 43 minutes 00 seconds East, departing the Eat line of safd Amador Trail, a distance of 134.00 feet to a set 1/2" iron rod; THENCE North 00 degrees 17 minutes 00 seconds East, a distance of 137.97 feet to a set 1/2" iron rod; THENCE North 89 degrees 43 minutes 00 seconds West 131.0 feet to the POINT OF BEGINNING, and containing 118,488 square feet or 0.424 acres of land. TRACT IIUII: BEING all that certain lot, tract or parcel of land, ont of the S.C.H. S.C.H. WRITTEN SURVEY, ABSTRACT 1619 in the City of Copeyville. Tarrant County, Texas, and being all of a tract being described in Four Tracb in deed to McClendon Nurseries, Inc.recorded in Volume 6777, Page 1035, all of the Deed Records of Tarrant County, Te:as and all lands being more particularly described by metes and bonnds as follows: BEGINNING at a sd 1/2" iron rod in the East line of Amador TraU, and said iron rod being 2510.67 feet, North 00 degree 00 minutes 12 seconds East, and 315.14 feet, North 89 degrees 59 minute 48 seconds West from the Southeast comer of safd S.C.H. Whitten Survey; THENCE No& 89 degrees 43 minutes 00 seconds West, a distance of 134.00 feet to a set 1/2" Iron rod in the East Right-of--way line of Amador Trail; THENCE South 00 degrees 17 minutes 00 seconds West, along the East Ilne of said Amador Trail, a distance o[ 137.97 feet to a set 1/2" iron rod THENCE South 89 degrees 43 minutes 00 seconds East departing the East line of said Amador Trail, a distance of 134.00 feet to a set %" iron rod; THENCE North 00 degrees 17 minutes 00 seconds East, a distance of 137.97 feet to the POINT OF BEGINNING, and containing 18,488 square feel or 0.424 acres; (Nursery Transaction) EXHIBIT "A" TRACT III/QI BEING all that certain lot, tract or parcel of land, out of the S.C.H. WHITTEN SURVEY, ABSTRACT 1619 in the C[ty of Colleyville, Tarrant County, Texas, and being all of a tract being described in Four Tracts in deed to McClendon Nurseries, Inc., recorded in Volume 6777, Page 1035, all of the Deed Records of Tarrant County, Texas, and all lands being more particularly described by metes and bounds as follows: Beginning at a found 1/2'• iron rod at the intersection of the East line of Amador Trail and the South line of Hall- Johnsoa Road; THENCE South 00 degrees 19 minutes 43 seconds \Vest, departing the South lien of said Hali~Tohnson Road and along the East line of said Armador Trail, distance of 123.53 feet to a set 1/2"' iron rod; THENCE South S9 degrees 43 minutes 00 seconds East, departing the East line of said Amador Trull, a distance of 134.00 feet to a set 1/Z" iron rod; THENCE North 00 degrees 19 minutes 27 seconds East, a distance of 125.04 Ceet to a set 1R"iron rod in the South tine of Bald Hall-Johnson Road; THENCE South 89 degrees 38 minutes 14 seconds West, along the South line of said Hall-Johnson Road, a distance of 134.00 feet to the Point OF Beginning, and containing 16,653 square feel or 0.382 acre of land. TRACT IliliV: BEING alT that certain lot, tract or parcel of land, out of S.C.H. WHTiTEN SURVEY, ABSTRACT 1619 in of Coileyvilhy Tarrant County, Tezas, and being all of a tract being described in Four Tracts in deed to Mc( Nurseries, Inc., recorded in Volume 6777, Page 1035, aU of the Deed Records of Tarrant County, Texas, and lands being more parHculariy described by metes and bounds as fellows: Beginning at a [ohnd 5/8" iron rod in the East Une of said S.C.H. WRI'T'TEN SURVEY at the north east cor Arbor Estates, an addition to the City of ColleyvlUe, Tarrant County, Texas, according to the plat thereof r~ !n Volume 388-202, Page 36, sad in the West line of Oak Creek Fatale, an addltioa to the City of CoUeyvill~ Tarrant County, Tcxas, according to the plat thereof recorded in Cabinet A, Slide 258, both of the Plat Rec~ Tarrant County, Texas, and said Iron rod being 2087.70 fcet North, from the Southeast corner of said Whitten Surw THENCE North 00 degrees 17 minutes 00 seconds East, along the Eaat Une of said Whitten Survey and the of Oak Creek Estates a distance of 145.50 feet to set 1R" iron rod; THENCE North 89 degrees 43 minutes 00 seconds West, departing the East line of said Whitten Survey ant West line of said Oak Creek Estates, a distance of 449.00 feet to set T/2" iron rod in the East line of Armadc THENCE South 00 degrees 17 minutes 00 seconds \Vest, along the East line of said Amador Trail, a distant 145.50 feet to a set IR" iron rod at the Northwest corner of said Arbor Estates; THENCE South 89 degrees 43 minutes 00 sceonds East, departing the East line of land Amador TraU, and North line of said Arbor Estates, a distance of 449.00 feet to the POINT OF BEGINNING, containing 65,3? feet or 1.500 acres of land. NOTE: The Company does not represent that the above acreage or square footage calculations are correct ¢eroy McClendon Transaction) EXHIBIT A TRACT i BEING a tract or parcel o[ land out o[ S.C.H. WHI1"TEN SURVEY, ABSTRACT 1619 in Tarrant County and bring more fully described by metes and bounds as follows: Beginning at a point in the South line of a County Road, being 2647.1 feet North and lOS.O feet North 89 d minutes West from the Southeast corner of said S.C.H. WHI'I'TEN SURVEY; THENCE North 89 degrees 43 minutes West 105.0 feet along the South line of said County Road to iron p corner; THENCE Soutb 00 degrees 17 minutes West 413.9 feet to iron pin in the North line of Tract D; THENCE South 89 degrees 43 minutes East 105.0 feet along the North line of said Tract D to the Southwc of Tract E; THENCE North 00 degrees 17 minutes Eaat 413.9 feet along the Wat line of Tract E to the POINT OF BEGINNING, and containing 1.0 acres of land. SAVE ANI) EXCEPT the portion conveyed to the City of CoUeyville, in right-of--way deed, dated January recorded in Volume 14204, Page 542. Tarrant County Records. Tarrant County, Texas. TRACT 2: ' BEING a tract or parcel of land out of the S.C.H. WRITTEN SURVEY, ABSTRACT 1619 in Tarrant County. Tezas, and being more fully described by ~mtea and bounds as follows: Beginning at a point in the South tine of County Road, the Northwest corner of tract F, and being North 2617.1 feet and 210.0 feet North $9 degrees 43 minutes West of the Southeast corner of said Survey; THENCE North 89 degrees 43 minutes West 105.0 feet along the South line of the said County Road to iron pin for corner; THENCE South 00 degrees 17 minutes West 113.9 feet to an iron pia in the North line of Tract D; THENCE South 89 degrees 43 minutes East 105.0 feel along the North line o! said Tract D to the Southwest corner of Tract F; THENCE North 00 degrees 17 minutes East 413.9 feet along the West line of said Tract F to the POINTOF Beginning and containing 1.0 acres of land. SAVE AND Expect hat portion conveyed to the City of Colleyville, in right-of--way deed, dated January 24,2000 recorded in Volume 14204, Page 542, Tarrant County Records, Tarrant County, Tezas. Being all that certain lot, tract or parcel of land situated in the S.C.B. Whitten Survey, Abstract No. 1619, in the City of Colleyville, Tarrant County. Texas, and being all of a tract as described In deed to Ronnie McClendon, recorded in Volume 10959, Page 1362, Deed Records, Tarrant County, Texas, being more particularly described by metes and bonnds as follows; Beginning a t a found 1/2 inch iron rod in the East line of S. C .H. Whitten Survey, and said iron rod being 2233.20 feet North 00 degrees 00 minutes 00 second# East, from the Southeast coiner of said S.C.H. Whitten Survey; Thence North 89 degrees 43 minutes 10 seconds West, deporting the Bart line of said Whitten Survey, a distance of 107.05 feet to a set 1/2 Inch Iron rod; THENCE North 00 degrees 3d minutes 15 seconds West, a distance of 401.98 feet to a set 1/2 inch iron rod in the South 11ne of Hall Johnson Road; THENCE North 68 degrees 93 m[nutes Ol second East, along the South Une of said Hall Johason Road, a distance of 103.21 feet to a tound 1R inch iron rod; THENCE South 00 degrees Ol minute 17 seconds West, a distance of 404.49 feet to the Point of $egianing and containing 42,381 square Feet or 0.973 acres of land. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SWUARE FOOTAGE CALCULATIONS ARE CORRECT. Countersigned Ameristar Title Co. Iae. Exhibit C -Conceptual Site Plan rat ~ ~! r { ~ 8 : e ~ ~€r y l 1 -s ti x v~h >. ~ ,Q ~ e~ [ ~ y'~~j;y ~i tl ~r k~~.~ 4 knit ~ iy ~~rt!~ ~~E7¢~¢~~ ry { ' S ~ ~ r i ~ $ I~ ~ C ~ Q.. ~f e i. ~r ~ ~' ~ ~ k ~, i ~ 3~ o v E V 1'~ ~ ~ k~ I Ali ' i `~,{ 7 N }L t P $}p j "~ ~~]~ Oft i '~, ,: r(~ O'+ r ~ ~ k IF ~' ' 't `y E''i ~ j ~ r y y, k! .• f ,y ~.tr•n.t nxca~+tu "s ~ k € _i' x ~ ~ ~g f ~ ~~s a i s ~ s _ a 4. ~ ~ ~ € s O ~,r` , x r' ~ t" ~4g Gk'. _ y i f >o i t i 1 '+ ~ - - ~~~~` ~ ~ .E"~ ~ p o R ~... r 1 ... ~ 8 ~ -r s C ors k~ ~ ,- ~ # tr. y t t .. ..~ ,- 1 ~. - -f .. ~ ,r :' C r _- i t ! ~ CI x; ~ i .= r~,R ~- - ~ ; - F ~ >, 4~,y ~ i _ .~ ~ ..>.: _ ~ ~ , .. _ ~' r `i Z[va,t xoovwv d. y.. _..._ _ - _ .. ,~__. __ _ _- _~~_ ~~~ p [SS`s ~ ~ ., 1 1. ~ i ~ r - ~y~ ~ -}, ~~ ~ ~},' x? ~~ ~ r~ ~ ~ m ~~ i $ '~ m v : '~ ttt]]] iTi ^ ~.~ QI '~~ r 100 Main Street ~~ ~~~ . ,~' k~ C ~ ty ~f C o ~ ~ eyV ~ ~ ~ e Col I (8 7) 03X1000 034 ;:::;r Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 08/13/2007 Agenda No.: 8d Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on .54 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Development Review Committee Memo Applicant's Response Zoning Exhibit Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 08/13!2007 Planning and Zoning Commission Title Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 Explanation The applicant is requesting to rezone 0.5 acres of land from R20-Single Family Residential zoning district to PUDC-Planned Unit Development Commercial zoning district. The property is located at 1100 Glade Road at the northeast corner of Glade and Oak Timbers Court. The property currently contains a vacant single family home. The applicant is seeking a zoning change in order to convert the home into an office for an engineering firm. Platting. The subject property will be required to be platted upon approval of the rezoning request. Open Space. The PUDC regulations require a minimum of 20% open space. This development proposes an open space area equal to 58% of the total development, exceeding the PUDC development requirement by 38%. The applicant states that there are no amenities proposed for the open space areas. However, there are a large amount of mature trees that will be preserved within the open space. Site Plan. The developer has provided a conceptual site plan, which will be incorporated City of Colleyville Page 1 Printed on 8/9/2007 Agenda Briefing Continued into the PUDC ordinance for the subject property. The site plan shows the 1,240 square foot office building that will be converted from the existing single family home. The applicant proposes to construct the parking lot in front of the office along the frontage of Glade Road. Five parking stalls will be provided, which meets the minimum requirements of the Land Development Code for office uses. Access. The site plan shows access to the property from both Glade Road and Oak Timbers Court. The applicant is requesting a waiver from the minimum driveway spacing standards as both driveways fail to meet the minimum spacing from street intersections. Staff supports a common access shared driveway approach onto Glade Road located at the eastern-most portion of the property. However, given the public safety and traffic concerns, staff does not support the driveway onto Oak Timbers. Drainage. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the Colleyville Engineering Department. Construction plans for drainage improvements will be submitted as part of the platting process. Fences, Walls and Screening. An eight foot tall fence will be built along the eastern property line adjacent to the single family residence. The applicant is requesting a waiver to the fence screening requirement along the northern property line, which abuts an existing single family home. The applicant asserts that the large amount of trees on the northern portion of the property act as a natural buffer. Sidewalks. A 10-foot wide concrete trail is required to be constructed along Glade Road. The trail must be installed before a certificate of occupancy authorizing the proposed used is issued. Exterior Building Elevations. The applicant intends to utilize the existing home as the office. Renovations to the interior and exterior are planned. While the applicant may perform cosmetic treatment to the roof and exterior wall, the original brick construction and roof pitch will remain. Staff recommends that future expansion of the existing structure require compliance with the commercial design standards per the Land Development Code. 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. Master Plan. The Colleyville Master Plan designates the future use of this area for office land uses. The proposed use satisfies this requirement. Development Trends. The surrounding properties are all zoned R20-Single Family Residential and are used as single family residences. However, between Riverwalk Drive and SH26 many of the properties are used as offices. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, City of Colleyville Page 2 Printed on 8/9/2007 Agenda Briefing Continued since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-tenant office buildings are expected to generate 12 trips per day, on average, per 1,000 square feet of office use. Based on this average, a 1,400 square foot office building would generate approximately 17 trips per day. Public Notification. Staff notified 16 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 correspondence in regard to this request. Recommendation Although the proposed use adheres to the Master Plan, staff recommends denial of the rezoning request based on the public safety threat posed by the lack of compliance with the Engineering Department driveway spacing standards. City of Colleyville Page 3 Printed on 8/9/2007 Location and Zoning Map Notification List OWNER_NAME Brewer, Gladys L Collins, Harvey D Quenichet, John Wayne Collins,Virginia Etvir Richard Montano, Thomas B Richard Family Limited Partner Chagani, Mustafa Gallegos, Billy King, Dale L Horak, Jo L Adler, Keith EI-Chantaf, Myriam & Faisal Thiel & Thiel Inc Robert Salter Family Lp Glade Road Capital Llc Benjamin Thompson, applicant OWNER_ADDR OWNER_CIl STAI OWNEF SITUS_ADDR 5012 Oak Timbers Ct Colleyville TX 76034 005012 Oak Timbers Ct 5013 Oak Timbers Ct Colleyville TX 76034 005013 Oak Timbers Ct 5005 Oak Timbers Ct Colleyville TX 76034 005005 Oak Timbers Ct 5004 Oak Timbers Ct Colleyville TX 76034 005004 Oak Timbers Ct 1100 Sabine Ct Colleyville TX 76034 001100 Sabine Ct 5009 Thompson Ter Ste 102 Colleyville TX 76034 005009 Thompson Terr 1105 Sabine Ct Colleyville TX 76034 001105 Sabine Ct 1100 Glade Rd Colleyville TX 76034 001100 Glade Rd PO Box 371 Colleyville TX 76034 005000 Oak Timbers Ct PO Box 395 Colleyville TX 76034 001104 Glade Rd 1112 Glade Rd Colleyville TX 76034 001112 Glade Rd 4804 Bransford Rd Colleyville TX 76034 005005 Thompson Terr 109 Mill Valley Dr Colleyville TX 76034 005001 Thompson Terr 2757 Airport Fwy Fort Worth TX 76111 001105 Glade Rd PO Box 1821 Colleyville TX 76034 001009 Glade Rd 1711 Parkwood Drive Grapevine TX 76051 applicant Statement of Planning Objectives • Architectural Consulting Engineers, Inc. (ACE Inc.) is a growing structural consulting firm which performs residential forensics and commercial engineering design. • This property is suggested as office use in the Colleyville comprehensive master plan. • ACE, Inc. has low business traffic impact. The business use for 1100 Glade will primazily be in house construction drawing generation, report writing and record keeping. The forensics work is done off site. The architectural consulting side of the business typically takes place at the architects' office. The nature of this business is quiet and low impact. In the last year, only three clients visited the Grapevine office all year. • Our goal is to reuse the existing architecture as much as possible and we intend to be ecologically friendly in development of this property. We intend to use green building practices as much as possible. • Phase # 1 includes renovation of the existing 1240 square foot structure into office use and addition of nine front parking spaces. Office #4 renovation is an alternate and may be relegated to a Phase #2 improvement. • Phase #2 renovations include conversion of the existing 550 squaze foot garage into office space. • Phase #3 renovations include replacement of the existing mechanical system. • Phase #4 renovations may include cosmetic treatment of the roof and exterior wall systems. Proposed Ownership • Benjamin M. Thompson, President of ACE Inc., owns this property and will lease the property to ACE Inc. after planned zoning. Phase #3 construction may include Executive Suite type leasing. Utility Provisions • Existing lines will be used. • New Verizon FIGS Internet service will be added. Economic Development Information • Local office job creation and employment opportunities. • The structural engineering field is in need of local highly skilled labor. Traffic Impact Analysis • Negligible impact as discussed above. Open Space Design Covenants • Approximately 58% of rear lot to remain native. • Open space maintenance provided by property owner. Project: 1100 Glade Road, Colleyville, TX 76034 fix; ~"''~"v~~:4~s~~i~..~; ,: 'SoFC; ~ ~: a~ck~ `~ ...~.~,~~.~t Commercial Engineering Design and Residential Forensic Services ~~n P+~~. ;M ~ti , .' iT ~ ~' L ~u~~~. , x~. ~~~~~ 1~~ s ~ ,~ a x'°.~s4y~.~ '+~ 's f r ~ a u~~ ~ s r hr a Architectural Consulting Engineers, Inc. greatest strength lies in our innovation and creativity. Architectural Consulting Engineers, Inc. strives to be an industry leader in the Structural Consulting by providing the client with superlative service at reasonable prices. We are conveniently located in the heart of DFW to service you as your engineer next door. We offer prompt and courteous service to meet all your structural engineering needs with Excellence by Design. The photographs above are examples of projects Mr. Thompson has worked on in the past while employed at other engineering firms. These copyrighted photographs of the Hicks Estate found above are from the coltectlon of Douglas Newby 8 Assocates. To see • ~~ additional images of the Hicks Estate visit the Web site of Douglas ' A Newby & Associates, www.SlgnificantHomes.com. These wpyrighted materials may not be reproduced. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 26, 2007 TO BENJAMIN THOMPSON FAX 817.582.0121 FROM Ron Ruthven, Development Coordinator SUBJECT Z-07-029 R20 to PUDC 1100 Glade Road 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. The following distance requirements for driveway approaches from the intersection of Glade Road and Oak Timbers Court are required: 180 feet on Glade Road and 75 feet on Oak Timbers. Contact Jeremy Hutt, Project Engineer, at 817.503.1094 for more information. 3. Fire Lanes require a minimum of 7-inch thick concrete. Contact Jeremy Hutt, Project Engineer, at 817.503.1094 for more information. 4. Across-access easement is required between the subject property and 1104 Glade Road. 5. Show existing and proposed landscaping on the site plan, including trees, shrubbery, grass, etc. 6. Provide pictures of the structure along with drawings of any proposed structural enhancements. These will become a part of the section in the PUDC ordinance for the property that addresses building design. 7. A minimum 8-foot screening fence is required along the north and east property line with the exception of the 40-foot front setback off of Glade Road, where the fence shall be 3 '/2 feet where a paved parking lot exists. Indicate the entire fence and its dimensions on the site plan. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-029 R20 ro PUDC 8. The existing structure shall comply with current building codes before a Certificate of Occupancy will be issued for the proposed use. PERIMETER STREET IMPROVEMENTS. Perimeter street improvements are required at the time a plat is filed for the property since Glade Road and Oak Timbers Court are considered an unimproved streets. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. 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 $1,311 for a SINGLE TENANT OFFICE BUILDING unit. 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/flinch meter. 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, or other similar fencing. The fencing must remain in place during the entire construction period. SIDEWALKS. The Colleyville Pathways Plan requires a trail to be constructed along Glade Road and a sidewalk along Oak Timbers Court where none exist. The trail along Glade Road must be at least 10-feet wide and the sidewalk along Oak Timbers Court must be a minimum of 4 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 non-residential development is $800 per acre. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, August 13, 2007, 7:00 p.m. City Council: Tuesday, September 4 and September 18, 2007, 7:30 p.m. RESUBMITTAL REQUIREMENTS PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE Z-07-029 R20 To PUDC 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; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than Thursday August 2, 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(cy_ci.colleyville.tx.us if you have any questions. C: DEVELOPMENT REVIEW COMMITTEE PAGE 3 OF 3 171 1 Parkwood Or A ~r Grapevine, TX 76051 Phone # 817.481 .1118 E-mail: 6thompson@ACEnglnc.com Fax#817.584.0121 ~'~+t' ~``'~~=~~;'~~ :? Response to Development Review Committee City Comments dated 07/26/07 Z-07-029 R20 to PUDC l I00 Glade Road Colleyville, TX 76034 Response in BOLD 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 pre- liminary drainage analysis has been reviewed by the Engineering Department. Preliminary drainage analysis performed and added to revised Plan. 2. The following distance requirements for driveway approaches from the intersection of Glade Road and Oak Timbers Court are required: 180 feet on Glade Road and 75 feet on Oak Timbers. We need to request a variance on this item. We have revised the parking to provide over 41 feet from the front edge of driveway exit. We feet that this variance request is in the best interest of the community and does not pose a public safety risk. It is noteworthy that an additional 15' was field measured from the back curb of Glade Road to our South Property line. We have updated the site plan to reflect this change. 3. Fire Lanes require a minimum of 7-inch thick concrete. See revised fire lane plan per our discussion 4. Across-access easement is required between the subject property and 1104 Glade Road. Cross access easement added on the site plan per our discussion 5. Show existing and proposed landscaping on the site plan, including trees, shrubbery, grass, etc. Tree survey is pending approval of front parking. This lot is heavily treed and it is our goal to preserve the existing native trees as much as possible. Aerial photos were submitted and are temporarily substituted for the tree survey. 6. Provide pictures of the structure along with drawings of any proposed structural en- hancements. These will become a part of the section in the PUDC ordinance for the property that addresses building design. No significant structural modifications are anticipated as indicated in our statement of objectives and associated renovation plans. A photographic site survey was submitted to Ron Ruthaven on 08-01-07 7. A minimum 8-foot screening fence is required along the north and east property line with the excep- tion of the 40-foot front setback off of Glade Road, where the fence shall be 3 1/2 feet where a paved parking lot exists. Indicate the entire fence and its dimensions on the site plan. The north screening fence was removed from the site plan per Mr. Wayne Quenichet's request. He noted that he did not want a fence if the rear property remains open space. He indicated his support for our objective of preserving the existing architecture. The east fence will be provided and attached to the existing fencing along that property line. The plan has been updated to reflect these changes. ~~09L Xl '3131AA31300 ad02i 34d~0 OOII S311f1S 3~I1f103X3 34430 /~ ~~ ~LL Q ~~~ ~ ~~ 3 ~ ~ ~ ~~ ~~~~: ~~ ~~ !~~ 1~1f100 S~3SWI1 ~d~ ~~ ~~ ~~ '_~_~x~~ rs~ 1 t-a~ ~, a ~$_e~ ~ w ~ r- ~a ~`~~Z ~ ~ ~~~ p i~~~ cnaa ~~ ~ o p~ o ~ ~ M W~ ~y~ ~ N ~ W o ~F W ~ ~~88~~ ~q s =g ~ _~~~~ ~~ ~~~ ~~ _~_ ~~ ti~ ~~ ... .o-m A Q 0 w A Q J a ~~ i ~~ ~ ~ ~~ ORDINANCE 0-07-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 0.54 ACRES OUT OF THE JOSEPH M. LOONEY SURVEY, ABSTRACT 936, FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL 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 a rezoning under Case No. Z-07-029; 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 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 0.5 acres out of the Joseph M. Looney Survey from the R20-Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted on Exhibit "A", labeled Location and Zoning Map and as described on Exhibit "B", labeled as 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 PUDC is for an office building. 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 "C", which shall not be considered the plat. b. The property shall be platted before any development shall be permitted. 3. SCREENING a. An 8-foot screening fence shall be constructed and maintained along the eastern property line where the proposed development abuts residential uses. Ordinance 0-07-xxxx Page 3 of 4 4. LANDSCAPING AND OPEN SPACE a. The development shall provide a minimum of 58 percent open space and shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C". b. All landscaping shall comply with Chapter 4, Landscaping and Buffering of the Land Development Code. 5. EXTERIOR BUILDING ELEVATIONS a. The exterior building elevations shall adhere to the design of the existing primary structure on the property. b. Cosmetic renovations to the roof and exterior walls shall be permitted. c. The roof pitch shall remain in accordance with the commercial design standards per the Land Development Code. d. Future expansion of the existing structure shall require compliance with the commercial design standards per the Land Development Code. 6. TRAILS AND SIDEWALKS a. A 10-foot wide concrete trail shall be constructed along Glade Road by the applicant, per the requirements of the Colleyville Pathways Plan, before the Certificate of Occupancy granting the change in use is issued. 8. OTHER a. A single common access shared driveway approach shall be allowed onto Glade Road beginning at the eastern-most portion of the property. Otherwise, all driveway approaches on the property shall adhere to the minimum standards required by the City of Colleyville Engineering Department. b. A tree survey shall be required prior to the removal of trees within the northern portion of the lot. c. Trees located within the northern portion of the lot, as shown on Exhibit "C", that are not located within rights-of-way or easements shall be preserved. Sec. 5. THAT the above described tract of land shall be used only in the manner Ordinance 0-07-xxxx Page 4 of 4 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: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Ordinance 0-07-xxxx Page 5 of 4 Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map .; ~~ '~llu4 ilii8 1112 111e 1120 ,5104 5105 1100 ~~• _ __ 5113 ~-t~ ~- 1105 1149 1113 .1117 1121 5113 51OD 5101 " 51D9.. 1104 11D3 1111 IIIP~ 112Q R20 ~-._f -i 5025 1100/~~ 5021 5U 12 541:3 r X1105 1109 11.13.}117 1121 a4ie '.,G17 1104 1108 111' 1110, 1120 5018 ~ ~--_~•, .5004 I Slt2 ~ - ~ 110U 54p0 J ~ I i ~'~ J l' t1u5 '11U~ 1113 .1117 1121 ~ f~ ~ ~~ 5000 1100 1104 112 111 ~ PUDR 112 ~~ ~~ ~ ~~ 1 1 1' ~ ~}, ,~r,~PUDC ~j ~ ~ ~ "' "' 1 t 04 1 103 1 1 12 ~ ,mot ., 1118 48DU -- ~~ 1 u ~ _ l l o+~ X 1 1": - 1101 11u5 1 Exhibit B -Legal Description ~ Ir:~n :1 'J 00 t31ed+~ (~oe~i, etr~ni(te. Teams ~Q.~a 7 act t~in~ all that grin teat, try a~ peraoel ~f land cat of the J.fi~i. ~ oa-i7ay fury, Abgrtr~ P~1ok SI~6, T~ ,r~ky~ Tam, and being 1i~t earn trait of Fend ~rt+~e~y~d domed to i~l~yd ,and I~r~tiie due J.,erth$~~'t d+~ in Volume A6?2,,~ 823 of fJ~ed 1~St~ot+dtP o! Tamettt W'~Y. Te~cas, and being ~ p~or~ of art '11.15 acs tract of lend deecierd ~ James A. ~~~ ec~d reovrdad fi Volume ~3~9, Pik ~9.g +~ the ^e~ F~e~aards ~ Tarrant ~:Ourtir Tp~e, s~.r~la haing r'~4r~ par6ic~riarty d~e~ri~,aid by mefida and baunda ~ #Qllaws: ~ . ~ECIiVNIN~G e~ ~ faaint far pear in the IV~rrtli litre ~ Clarle Rd~ i~1 pairr~ heing the so~tttieas~t comer ark ~Id ~.atham tract, end said Rcu~t trot; TI-~iIE West; with IVarth ring of mid ~I Road arw~ with the ~vuth lire of acid t.~Flerrt tr~:t and said Ru6t tract a dEr~noe a'k' 't 14,0 Meek to a i1t i~ar oar~e r of ~ inte~~ e#' l7ek 'Flrnbere ~vurt erMd ~ Imo, ee~id paint t~ir~ the ~aruihw tamer of mid ~,atharri track TFIEN~E I~lar#~t ~:Eaat.lirwe.aF.s~aid ~k Trribe~r ~d~rf end'uNthr #15e'wNeat line cif said ~~rthenrt tract, a ~iatar~ve +af' ~ ~?. test ~ a paint fear Amer at tt+e b~sginning trl' $ ~rv~e ~ ri~trt having a redlue of 232, 23 ~eMrt; TF-f~~1i~~ w~rftii Geld curve t~ the rig#~t end wittc tkw~ East lino of s~fd i~ak Ti~bar~ ~o~#, a distance at #3+4.4 fiaet end through a chr~i of N ( deb ~4 rt~tt ~7 sec East, 8x4.17 het ~ an Iron tact taund ftx the hlorttra+~rst carn~sr of $aid L~rbharrr tract T~iE~tE Eft. v~rtth the tV line v# said La#~m 1~c~, a dFstar~o~ of t~10.0a twat to en iron road fia~nd for tl~ ~lortheeat corner of aai~l L.ab'tarn tr~#; TtiE1~~~ ~Oa#h~ with t11b East Ilr~ i~f mid ~ethet~l tact'. a c~latat~ae of ~1 b_(l+~ i~ t~ the ~IN'F' of Begfnni ng, arrd r~ontslning iS.~41 of stn acre cTf ler-d, mare air Jess. Exhibit C -Conceptual Site Plan R bE09L Xl '3lllAA3ll00 I !~ ~ a ~~~~ ab021 30d1`J 00 t L ~ ~! W W a ~ €~!~] S311f1S 3/111(103.X3 30410 ~ z a 1! ~ a o c- ~~ w A~.. 'rf~ ^~ y #F .. € ' ~~~~ ~~ ~ ~ .~ a ----- i~ ~~ t ~ I I w I ~~'? ¢ 3~ ~ `i ~~ ~ Q! ara~wiai i , r (i 121f1~0 S213HWIl ~tl0 q pp ~ ~ ~ ~s ~ ~p~~ ~~ ~~~p ~ ~~~~ ~ ~ R ~~~~ ~ ~~~~ ~ ~ ~ ~~~~ ~ q I~~I~I~ ~~~~~ ~ W ~___. /+ ~+ `-~ - ~ , ~~~ City Of CO~~@~/V~~~E' Colley~leaTexas76034 (817) 503-1000 '~`~"" Ag@11d1 BYI@flllg www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 08/13/2007 Agenda No.: 8e Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for on-premise alcohol sales, on 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case Z-07-030 Attachments: Location and Zoning Map Notification List Development Review Committee Memo Applicant's Response Zoning Exhibit Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 08/13/2007 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for on-premise alcohol sales, on 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case Z-07-030 Explanation The applicant has submitted a Special Use Permit (SUP) application to allow alcoholic beverage sales for on-premise consumption. The SUP request is for 7013, 7015 and 7017 SH26, which are located southeast of the intersection of John McCain Road and SH26. The subject properties are zoned CC1-Village Retail and are undeveloped. On-Premise Consumption. The proposed SUP would authorize the sale of alcoholic beverages for on-premise consumption. The request is intended to serve a proposed general retail building. The proposed hours of operation are as follows: Monday -Saturday: 11:00 a.m. - 2:00 a.m. Sunday: 11:00 a.m. - 12:00 a.m. Off-Premise Consumption. Off-premise consumption of alcoholic beverages would not be permitted on the property. City Council approval of an amendment to the SUP request would be required to permit the sale of alcoholic beverages for the purpose of off-premise consumption. City of Colleyville Page 1 Printed on 8/9/2007 Agenda Briefing Continued Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville City Code requires places that sell alcohol be located at least 300 feet away from churches, schools or public hospitals. The property satisfies this requirement. Screening and Buffering. The applicant is requesting a reduction in the required greenbelt at the rear of the property where it abuts an AG-Agricultural zoned lot from 20 feet to 10 feet. Access. Primary access to the propety will be from SH26. There will be no access permitted onto Danielle from this development. Master Plan. The Master Plan designates this property for future retail use. The proposed zoning designation is in compliance with the Future Land Use Plan. Surrounding Properties. The surrounding properties are mostly undeveloped or are vacant. The property to the north is zoned ML-Light Manufacturing and is developed as a convenience store. Properties to the west are zoned CC2-Shopping Center and are undeveloped. The properties to the south are zoned AG-Agricultural and are vacant and single family residential. The property to the east is zoned AG-Agricultural and is undeveloped. Development Trends. The development trends in this area primarily focus on office and retail uses along Colleyville Boulevard. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Public Notification. Staff mailed notices to 45 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence in regard to this request. Summary. The proposed SUP would authorize the sale of alcoholic beverages for on-premise consumption but would not permit the consumption of alcoholic beverages off-premise. The property satisfies the distance requirements to churches, schools and public hospitals. Recommendation Approval City of Colleyville Page 2 Printed on 8/9/2007 Location and Zoning Map 1 ~, o, 73P0 ~~ 7218 ----- + ///ff ~9 \~' 6 ~ t s ~~~~ 7212 ' ~ Yy~ 721 : 7212 7213 7216 N 7206 ~2+3 ~ ~~~ 7111 7209 7212 . 7211 7208 II t •- ~ 7~ ~i7 -__ ~-- 209 7207.... 7208 7206 7208 7201 ~ 720d ` ,\` .~~~~J 7205 T20S 4 '~- 203 7200 '^03 7204 7204 ~ ~ 7200 7zoz teoa - ~~~;: t~ t" , :~~ . , .~ ~~ Sites ~~ i ~ ts', ` Y _ .,. a T011 ~ '.. ... f €, ; ~ x _. _~ y.. >~ ~ ~ t QQ i 230 2300 230 230 6x13 _ - - - r~ 7001 7009 6916 ~ Di '03 905 AG Gala 6910 x915 f I Gelz t 1 8913 GflDe ~- 7001 GB10 ~ 6911 GflOG - ~ 6D08 6909 ~6a04 GOD6 8907 G9D1 Notification List OWNER_NAME Bates, Stephen L Etux Jana Bowman, Kirk A Etux Nancy B Brown, George R Etux Diana M Cannatella, Angelo Cannatella, Angelo & Phyllis Colleyville, City Of Colleyville, City Of Devonshire, Patricia L Dietrich, Charlotte W Dietrich, Charlotte W Dunn, Donald R Jr Etux Tracy E Elborai, Adel M Etux Nadia M Fick, Gary H Etux Becky J Hampton, Anthony C Etux Cather Hamraee, Farzin Etux Afsaneh Harbin, David Etux Elizabeth Hasting Cove Ltd Hudson, Rocky & Cynthia Kuhn, Alyce Longwood Plaza Partners Lp Lowack, Tommy Etux Mindy Martin, Robert Etux Teresa Mehta, Jimi Etux Carol Lee Olarte, Guillermo Etux Ligia Pecan Creek Village Cntr Prtn Pecan Creek Village Ctr Ptr Phelps, Rodney V Etux Kimberli Pontes, David N Etux Cathy J Poole, John T Jr Etux Lynn Ramsey, William A Etux Deena A Rtan-Rtan Enterprises Inc Smith, Thomas J Etux Jamie Kay Snow, Jay F Etux Angela K Tabone, George Etux Amy Taylor, Arthur Tropicana Group Llc West, Cheryl Ann & Diane Myers Western Timarron Lp Whitco Consulting Ltd Whitco Consulting Ltd Whitco Consulting Ltd Whitco Consulting Ltd Wilschetz, Keith B Etux Susan Wozniak, Craig C Etux Pamela A Ian Norfolk, P.E. Dunaway Assoc. OWNER_ADDR 2205 Danielle Dr 2301 Still Point Ln 2302 Still Point Ln 515 Hillside Dr 515 Hillside Rd 100 Main St 100 Main St 2201 Danielle Dr 7001 Colleyville Blvd 7001 Colleyville Blvd 6915 Meade Dr 2300 Still Point Ln 2217 Danielle Dr 2200 Danielle Dr 2209 Danielle Dr 6910 Meade Dr PO Box 5287 7011 Colleyville Blvd 2204 Danielle Dr 1901 N Akard St 6914 Meade Dr 6908 Meade Dr 2213 Danielle Dr 6916 Meade Dr 5670 Greenwood Plaza Blvd #300 5670 Greenwood Plz Blvd # 300 2304 Still Point Ln 2306 Still Point Ln 6912 Meade Dr 6918 Meade Dr 4424 Young Dr 6913 Meade Dr 2303 Still Point Ln 7000 Coleman Ct 4250 NW 24Th Way 3930 Glade Rd Ste 108 7009 Colleyville Blvd 3030 LBJ Fwy Ste 1500 3930 Glade Rd Ste 108 3930 Glade Rd Ste 108 2105 Harwood Rd Ste 215 3930 Glade Rd Ste 108 2208 Danielle Dr 7004 Coleman Ct 1501 Merrimac Cr. Suite 100 OWNER_CITY Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Culver City Colleyville Colleyville Dallas Colleyville Colleyville TX Colleyville TX Colleyville TX Greenwood Village CO Greenwood Village CO Colleyville TX Colleyville TX Colleyville TX Colleyville TX Carrollton TX Colleyville TX Colleyville TX Colleyville TX Boca Raton FL Colleyville Colleyville Dallas Colleyville Colleyville Bedford Colleyville Colleyville Colleyville Fort Worth OWN OWNEF SITUS_ADDR TX 76034 002205 Danielle Dr TX 76034 002301 Still Point Ln TX 76034 002302 Still Point Ln TX 76034 007111 Colleyville Blvd TX 76034 007111 Colleyville Blvd TX 76034 000000 Colleyville Blvd TX 76034 000000 Limerick Ln TX 76034 002201 Danielle Dr TX 76034 007001 Colleyville Blvd TX 76034 007001 Colleyville Blvd TX 76034 006915 Meade Dr TX 76034 002300 Still Point Ln TX 76034 002217 Danielle Dr TX 76034 002200 Danielle Dr TX 76034 002209 Danielle Dr TX CA TX TX TX TX TX 76034 TX 76034 TX 75234 TX 76034 TX 76034 TX 76021 TX 76034 TX 76034 TX 76034 TX 76107 76034 006910 Meade Dr 90231 000000 Colleyville Blvd 76034 007011 Colleyville Blvd 76034 002204 Danielle Dr 75201 007171 Colleyville Blvd 76034 006914 Meade Dr 76034 006908 Meade Dr 76034 76034 80111 80111 76034 76034 76034 76034 75010 76034 76034 76034 33431 002213 Danielle Dr 006916 Meade Dr 000000 Colleyville Blvd 007101 Colleyville Blvd 002304 Still Point Ln 002306 Still Point Ln 006912 Meade Dr 006918 Meade Dr 007109 Colleyville Blvd ; 006913 Meade Dr 002303 Still Point Ln 007000 Coleman Ct 002212 Danielle Dr 000000 Colleyville Blvd 007009 Colleyville Blvd 002200 John McCain Rc 007013 Colleyville Blvd 000000 Colleyville Blvd 007013 Colleyville Blvd 000000 Colleyville Blvd 002208 Danielle Dr 007004 Coleman Ct applicant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 26, 2007 TO Ian Norfolk FAX 817.335.7437 FROM Ron Ruthven, Development Coordinator SUBJECT Z-07-030 SUP for alcohol sales (On-Premise Consumption Only) The Colleyville Development Review Committee (DRC) has reviewed your Special Use Permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: The original Special Use Permit for the property granted by ordinance 0-98-1136 has expired per the requirements of Section 3.25(5) of the Land Development Code. Remove the note on the site plan that states: "This site currently has an SUP for Alcoholic Beverage Control over one half of this site. We are currently requesting the SUP to be extended over the entire propert}~'. Add a note that states: "Request: Special Use Permit for Alcohol Sales for On- Premise Consumption". 2. Staff recommends that the expired Special Use Permit conditions granted by ordinance 0-98- 1136 remain in effect and be added to the Statement of Planning Objectives except where changed on the letter attached to the zoning application. The unchanged condition from the original ordinance was that there will be no connection to Danielle Drive. Add the proposed hours of operation of the restaurant and the landscaped screening proposal to the Statement of Planning Objectives as well. 3. Provide a planting detail of the type of vegetation proposed for the 8 foot screening wall replacing the masonry wall. A waiver to the 20 foot buffer requirement for landscaped screening will be required as the site plan shows only ten feet provided along the back property line. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, August 13, 2007, 7:00 p.m. City Council: Tuesday, September 4 and September 18, 2007, 7:30 p.m. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-030 SU P FOR ALCOHOL SALES RESUBMITTAL REQUIREMENTS Please submit the following to our offices: ^ A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than Friday, August 3, 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(a~ci.colleyville.tx.us if you have any questions. C: DEVELOPMENT REVIEW COMMITTEE PAGE 2 OF 2 DUNAWA~/ DA No. 2006-257 August 03, 2007 Mr. Ron Ruthven City of Colleyville 100 Main Street Colleyville, TX 76034 Reference: Z-07-030 SUP for Alohol Sales (On-Premise Consumption Only) Dear Ron: 1) The note on the site plan will be removed and the revised note added. 2) We understand that staff has added our change for hours over operation and non-connection to Danielle Drive. 3) Please find attached copies of the revised landscape screening wall as requested. Sincer y, Ian Norfolk, P.E., S.I.T Senior Project Manager Dunaway Associates, L.P. 1 S01 Merrimac Circle, Suite 100 Fort Worth, Texas 76107 (817) 335-1121 Work (817) 632-4727 Direct (817) 335-7437 Fax (817) 371-4927 Blackberry inorfolk(a)dunaway-assoc. com www.dunawayassociates.cnm RECEIVED `~(~ (1 ;'~ 11107 Per ............. 1501 Merrimac Circle, Suite 100 8 Fort Worth, Texas 76107 @ Tel: 817.335.1121 g Mefro: 817.429.2135 4s Fax: 817.335.7437 g www,dunawayassociates.COm ~~ Tj m ~-._ ~{ ,, ~`. , ~ ~ M N ~ ®~p s3R®®®®® ©ygRS ® !~pe® gyRQg©p$Q © jOpgR O ©0 OygR ~ 0 0 0 0 4d fi ai 2 4 r' 215 ~E ~ "o i p R jy ~ ~ `r £ i { ~ ~ ~ ~ ~ ~~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ .~ .. ' R _ ~~ a e Q r E ~ ~ x u ~\~` ~. Cam! ~~~\ € ~ ,m '~ _ _,f ~ i \ ~~'`,~ ~-v~t`~<<~e may, x •~ ~= ~ ~ \' ~ _ i ~ \` I r ~"'' <~ i ~ ~ ~ ; ,~~ . _.._ .,~ ~ t.~., ~ P ~ .. ti Y `" , X ~ _ °~~ R ~` .,~ ~ N' i f i A '~ ~ ) ~~ ~. Q ~ ;~ ~ . /,, . ,~ ~ ~_, __ ~ '~ f O ~ ~ , 1 i ' - ~/, ~ (~j-~ ~ ~% ~ _ ~ ~° ~ ~~ ~~. r~ ~~ ~~ •,.. g Q ~ ~Q (~ ~- ~ ~'-~ ~ ~"~ ~ a ~ , ~ ~ _ ~ _ >,~ .. i I -. .. ... .._ .......-? _ _ _ _ I Q € ~ ~~~~~ ... ..._, „.- ......_ ..____ _ g A __t~ LL 4,. ,._.....__........ .. _ ... -_ . _....... .-~----I ..K a ~~mF i~ ~ 9 : ____........ _. ....... _ ...... .. ....... ...._.... ._ .. ...._.__... ._ ... ~ O ,. ~ aR _........._.. .._ _.._..._ _ .......__._. - -- --.......__ i - ~__ I, 0 ~ -- ---- ----- ---~-~J s g g s OoroY~s"w z9r.zz' ~8'~$ ~ E~ ~~~ n ~ R ~'.j~~ ~~~ ~ ~ ~ ~ sO 4 ~ 0 0 0 ~`~~a Q~*~{ _ __.. _. _ _.. ~ a qty $M., $eavi_S~ g`~~bq t ~~~~F ~Ea~g °~~ a $~ ~ 1 ~~~ ~~ a b ~~rx~,. gds ~~ ~ ~ ®r 0- o EFE~F"s"x ~= a ?a 1; ~,'"-8~'~ a ~ - ie=ass a7b~ =~~3 -~ ~ ~ Lek>x~s ~ ~ 6 ~ v ~ r = , ~ ,,zZONING EXHIBIT f ~ 2 , ' C TNt OAAOt=it AT COLLtYVILLt ma~yy,~~I~ WLLYYVILLS SOULBVAiD ~yyNAWAy ~ _ (STATE ffiGHWAY 26) ~r~~~~~."..S".~`w.+ ~ ~ ~ ~ ~ ~ CG T6IA3 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 TRACTS 3D, 3D3, 3D3, 3E, 3E2 AND 3E3, ABSTRACT 963 OF THE A. J. LOTT SURVEY, LOCATED AT 7013, 7015 AND 7017 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; 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-07-030; 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 Colteyville 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 3 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 tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey, located at 7013, 7015 and 7017 Colleyville Boulevard, by authorizing a Special Use Permit for the sale of alcoholic beverages for on- premise consumption, as depicted on Exhibit "A", labeled as Location and Zoning Map and as described on Exhibit "B", labeled Legal Description. 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. Hours of Operation a. The hours of operation shall be as follows: Monday -Saturday: 11:00 a.m. - 2:00 a.m. Sunday: 11:00 a.m. - 12:00 a.m. 2. General a. There will be no connection to Danielle Drive; b. Any landscaped screening buffer located along the east property line shall be no less than 10-feet wide. 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 ($2,000.00) for each offense. Ordinance 0-07-xxxx Page 3 of 3 Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map 72ia - 7300 2 e m I - ` - ~\ l r ~* 7212. \~ `~' . 7216 7212 7213 7216 ~ r~ , ~ 7209 13 ~ w 7111 T208 ~/ 72I I -- 7209 7212 '~i TxJ5~7 20a nos 7207 ~ n07 7z0e 7z0s 720a 72~ ~,\ rt71~ ~- `~ ` 203 7n.5 72ou ' ~. ~ UD~cro ,< ~ 7200 7soz __ x ~k t9oa =~ 1 ,W ~~ ~ .{ .n„~"~r ~~;. f r- ,/ K lhy ti t~ GK.::.`r .y ~Q. ~~ ~iJ ~'Y.{ i~. to t1 t'~ ~,'~ Sltpi$ k i3 ~~,{ ~~ x ~;~ ,. k. `C~~ N 7ott +~ ~ ~ ~ `. ? ~ ~ ~ # ; ~. ivx Z•t sao 23ub 2300 230 111 4918 -- / •-~~ 7001 7009 49iG ~~ 23ii1 ~~ ~~3 AG ea~a S`c910 en14 4811 ~ ~~ 6908 ~ 4713 4D 10 ` G711 4906 7001 I ~._.~ 6903 I G90a 8J04 4000 0807 ~8~= Exhibit B -Legal Description Legal description for A963, Tracts 3D, 3E BEING 3.2054 ACRES OF LAND, MORE OR LESS, OUT OF THE AJ LOTT SURVEY, ABSTRACT 693, LOCATED IN THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS AND BEING THOSE SAME TRACTS OF LAND AS DESCRIBED IN THE DEED TO WHITCO CONSULTING LTD, TRACTS 2 AND 3, IN DOCUMENT NUMBER 202180741, VOLUME 15788, PAGE 41, DEED RECORDS, TARRANT COUNTY, TEXAS (D.R.T.C.T.j, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT 5/8" IRON ROD FOUND FOR THE NORTHWEST CORNER OF THE TRACT OF LAND DESCRIBED TO CHARLES FRANKLIN WEST SR. AND WIFE ESTHER EUDENE WEST RECORDED IN VOLUME 4843, PAGE 595 D.R.T.C.T, AND IN THE EAST RIGHT OF WAY LINE STATE HIGHWAY 26, 13.33 FEET NORTH 89'33'06" WEST FROM THE SOUTHWESTERN MOST CORNER OF LOT iR3, BLOCK 1, TROPICANA FUELS ADDITION, CABINET A, SLIDE 5398, PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T), THENCE SOUTH 89'59'45" EAST A DISTANCE OF 362.44 FEET TO A %:' IRON ROD WITH YELLOW PLASTIC CAP STAMPED "DUNAWAY ASSOC., LP" SET, HEREIN AFTER REFERED TO AS AN IRON ROD SET, FOR CORNER FOR THE NORTHEASTERN MOST CORNER OF SAID TRACT 3 AND THE NORTHWESTERN MOST CORNER OF THAT TRACT OF LAND DESCRIBED TO CYNTHIA D. HUDSON IN DOCUMENT NUMBER D193258464, D.R.T.C.T., THENCE SOUTH 00'03'45" WEST A DISTANCE OF 291.22 FEET, WITH THE WEST LINE OF SAID HUDSON TRACT, TO A 5/8" IRON ROAD FOUND FOR THE SOUTHEASTERN MOST CORNER OF SAlD TRACT 3 AND SOUTHWESTERN MOST CORNER OF SAID HUDSON TRACT, THENCE NORTH 89'59'45" WEST A DISTANCE OF 586.35 FEET WITH THE NORTH LINES OF THOSE TRACTS OF LAND DESCRIBED TO CHARLES F. WEST AND CHARLOTTE WEST DIETRICH IN VOLUME 5368, PAGE 782, D.R.T.C.T. TO A IRON ROD SET FOR THE SOUTHWESTERN MOST CORNER OF SAID TRACT 2, IN THE WEST RIGHT OF WAY LINE OF STATE HIGHWAY 26, BEGINNING A CURVE TO THE RIGHT HAVING A CHORD BEARING OF NORTH 37'35'33" EAST AND A CHORD DISTANCE OF 367.55 FEET, THENCE ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 2814.79 FEET, A CENTRAL ANGLE OF 07'29'13" AND A LENGTH OF 367.81 FEET TO THE POINT OF BEGINNING, CONTAINING A CALCULATED AREA OF 3.2054 ACRES (139,625 SQUARE FEET) OF LAND, MORE OR LESS Exhibit C- Conceptual Site Plan ,,. \ ~,Y. 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City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 08/13/2007 Agenda No.: 8f Controlling Body: Planning and Zoning Commission Final Action: File Name: Amendment to Chapter 3, Sections 3.17 to 3.22 and Section 3.24, Table of Permitted Uses, of the Land Development Code, Case G-07-013 Attachments: Chapter 3 -Existing Language Chapter 3 -Proposed Language Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Teat: 1 08/13/2007 Planning and Zoning Commission Title Amendment to Chapter 3, Sections 3.17 to 3.22 and Section 3.24, Table of Permitted Uses, of the Land Development Code, Case G-07-013 Explanation One of the key components of Colleyville's zoning regulations, which are contained in Chapter 3 of the Land Development Code, is the Table of Permitted Uses. The Table of Permitted Uses is a matrix that lists those land uses that are allowed for each of the various zoning districts. City Council approved an update to the Table of Permitted Uses at the January 16, 2007 City Council meeting to expand the classification of land uses. In a review of the revised Table of Permitted Uses, staff has determined that an amendment to the land use matrix is warranted. Staff recommends that the Table of Permitted Uses be updated to more accurately reflect existing and future development trends in Colleyville. In addition to updating the Table of Permitted Uses, staff recommends amending the text descriptions of the commercial zoning districts, Sections 3.17 to 3.22, to remove information that contradicts the Table of Permitted Uses. The only proposed changes to the text descriptions are removing references to specific permitted land uses. No development standards are being altered. The proposed changes are highlighted in the attached copy of the Table of Permitted Uses and strikethroughs are shown in the attached copy of revised zoning district descriptions. It is not anticipated that the proposed changes to the Table of Permitted Uses will impact Cify of Colleyville Page 1 Printed on 8/9/2007 Agenda Briefing Continued existing businesses within Colleyville. Recommendation Approval City of Colleyville Page 2 Printed on 8/9/2007 Existing Text Descriptions of Zoning Districts and Table of Permitted Uses • The following document is the existing text descriptions of the commercial zoning districts and the current version of Table 3.24.B -Schedule of Permitted Principle Uses. A. Purpose -This district is designed to be compatible adjacent to or near residential area and to provide office services needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. B. Permitted Uses 1. Residential / Ag /Educational /Community Facility Uses: government buildings; parks, golf courses & community buildings 2. Retail Uses: none 3. Service & Office Uses: interior decorator shop; general office 4. Commercial Service & Industrial Uses: none C. Special Uses 1. Residential / Ag /Educational /Community Facility Uses: (privately operated) kindergarten, primary & secondary school; cemeteries & mausoleums 2. Retail Uses: none 3. Service & Office Uses: day care /day nursery 4. Commercial Service & Industrial Uses: none D. Site Requirements E. Suoolementarv Reauirements General: -outdoor storage is not permitted ___ uses adjacent to singlenfamily uses must be screened as per Sec. 3.26 -may be operated in daytime only Landsca~ng Plans._______________....__..._..._.____._Off-Street Parkin~:_____ ' required as Ler Chapter_4___ - as required by Sec_3.29 __ Commercial Bldg Design Stds. ;Site Plans: ~....._..------------~--~ ..__...._ p ----- -- ___....._._... -each site must have a minimum of - tans must be submitted in i 25 points as per Chapter 5 ? accordance with Sec. 3.31 t...._._.._._.._.._._....- ------ ---._._..__... ................._...._.........._.._...................-- ---.....~......._...._......_....---._..._._..........----...........---...__._.._...._._.._._..__............. Section :3:18 CN - Neighborhood Commercial District A. Purpose -This district is designed to be compatible adjacent to or near residential areas and to provide goods needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. B. Permitted Uses 1. Residential / Ag /Educational /Community Facility Uses: government buildings; parks, golf courses & community buildings 2. Retail Uses: convenience store wlo gasoline sales; general retail sales; pharmacy; retail plumbing, electrical & hardware w/o outside display; hardware w/outside display; book & stationary shop; jewelry, camera, music sales and/or repair; florist shop. 3. Service & Office Uses: barber and beauty salons; interior decorator shop; medical office w/o clinic; general office 4. Commercial Service & Industrial Uses: none C. Special Uses 1. Residential / Ag /Educational /Community Facility Uses: (privately operated) kindergarten, primary & secondary school; cemeteries & mausoleums 2. Retail Uses: none 3. Service & Office Uses: self service Laundromat; dry cleaners (station only), day care /day nursery 4. Commercial Service & Industrial Uses: outdoor amusement D. Site Requirements General Requirements: PRIMARY USE & STRUCTURE: Accessory Use & Structure: Minimum lot size: 10,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: 1 acre front: 40 ft. Minimum lot width at front side abutting residential: 25 ft. setback line: 100 ft. side abutting non-residential: 15 ft. Minimum lot depth: 120 ft. rear abutting residential: 25 ft. Maximum lot coverage: 40% rear abutting non-residential: 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. To residential district: see Sec. 24 E. Supplementary Requirements General: - outdoor storage is not permitted - uses adjacent to single family uses must be screened as per Sec. 24 Landscaping Plans: - required per Chapter 4 Commercial Bldg. Design Stds. -each site must have a minimum of Off-Street Parking: - as required by Sec. 3.29 Site Plans: - plans must be submitted in - may be operated in daytime only 25 points per Chapter 5 accordance with Sec. 3.31 Section 3.19 CC1 -Village Retail District A. Pur ose -This district is oriented to general commercial retail goods and services as well as some office, entertainment and community facility uses. While the district is designed to encourage "clustering" stores, the site requirements allow for a smaller scale than a shopping center type development. It is likely that Village Retail centers will be built without a major anchor store and be located near but not at major street intersections. B. Permitted Uses 1. Residential / Ag /Educational /Community Facility Uses: government buildings; parks, golf courses & community buildings 2. Retail Uses: convenience store w/o gasoline sales; supermarket/grocery; bakery; meat & fish market; cafe, cafeteria or restaurant; general retail sales; pharmacy; drug store; retail plumbing, electrical & hardware w/o outside display; hardware w/outside display; book & stationary shop; jewelry, camera, music sales andJor repair; florist shop; furniture store; pet shop. 3. Service & Office Uses: barber and beauty salons; dry cleaners (station only); apparel alterations; health studios (excluding non-therapeutic massage parlors); music & dance studios; interior decorator shop; medical & veterinary clinics (out patient services only); medical office w/o clinic; general office; banks, financial institutions. 4. Commercial Service & Industrial Uses: none C. Special Uses 1. Residential / Ag /Educational /Community Facility Uses: (privately operated) kindergarten, primary & secondary school; junior & senior colleges & universities; vocational, technical & trade schools; business & professional school; cemeteries & mausoleums; bus or train passenger terminal; auto parking lots & garages. 2. Retail Uses: convenience store with gasoline sales; second hand goods shop. 3. Service & Office Uses: self service Laundromat; funeral home /mortuary; day care /day nursery 4. Commercial Service & Industrial Uses: indoor amusement; outdoor amusement D. Site Requirements General Requirements: PRIMARY USE 8c STRUCTURE: Accessory Use & Structure: Minimum lot size: 15,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: 5 acres front: 40 ft. Minimum lot width at front side abutting residential: 25 ft. setback line: 150 ft. side abutting non-residential: 15 ft. Minimum lot depth: 120 ft. rear abutting residential: 25 ft. Maximum lot coverage: 50% rear abutting non-residential: 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. To residential district:. see Sec. 3.24 (A&B) E. Supplementary Requirements General: Landscaping Plans: Off-Street Parking: - outdoor storage is not permitted -required as per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. Design Stds. Site Plans: must be screened as per Sec. 24 -each site must have a minimum of -plans must be submitted in -may be operated 24 hours/day 30 points as defined by Chapter 5 accordance with Sec. 3.31 Section 3.20 CC2 -Shopping' Center. District A. Purpose -This district is oriented to general commercial goods and services as well as office, entertainment and community facility uses. By nature, shopping center tracts are large-scale usually accommodating a large anchor store and several smaller stores. These tracts are generally located at major street intersections. B. Permitted Uses 1. Residential / Ag /Educational /Community Facility Uses: hotel & motel; government buildings; parks, golf courses & community buildings 2. Retail Uses: convenience store w/o gasoline sales; supermarket; bakery; meat & fish market; cafe, cafeteria or restaurant; restaurant with drive-in or drive-thru service; general retail sales; pharmacy; drug store; retail plumbing, electrical & hardware w/o outside display; hardware with outside display; book & stationary shop; jewelry, camera, music sales and/or repair; florist shop; furniture store; pet shop; building materials without outside storage. 3. Service & Office Uses: barber and beauty salons; dry cleaners (station only); apparel alteration; health studios (excluding non-therapeutic massage parlors); music and dance studios; veterinarian office w/kennels; interior decorator shop; food catering; medical & veterinary clinics (out patient services only); medical office w/o clinic; general office; banks, financial institutions. 4. Commercial Service & Industrial Uses: motion picture theaters C. Special Uses 1. Residential / Ag /Educational /Community Facility Uses: (privately operated) kindergarten, primary & secondary school; junior & senior colleges & universities; vocational, technical & trade schools; business & professional school; cemeteries & mausoleums; bus or train passenger terminal; auto parking lots & garages; airport, heliport or helistop. 2. Retail Uses: convenience store with gasoline sales; second hand goods shop; vehicle sales w/outside display; auto sales. 3. Service & Office Uses: self service laundromat; funeral home /mortuary; day care /day nursery. 4. Commercial Service & Industrial Uses: indoor amusement; outdoor amusement; automotive repair & service w/o outside storage. D. Site Requirements General Requirements: PRIMARY USE 8~ STRUCTURE Accessory Use & Structure Minimum lot size: 20,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: none front: 40 ft.* Minimum lot width at front *see Sec. 23 (D) for special "urban setback line: 150 ft. Village" front yard setback. Minimum lot depth 120 ft. side abutting residential: 25 ft. Maximum lot coverage 60% side abutting non-residential: 15 ft. rear abutting residential: 25 ft. rear abutting non-residential 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height in PUD 4 st. Max. building height adj. To residential district: see Sec. 3.24 (A&B) E. Supplementary Requirements General: Landscaping Plans: Off-Street Parking: -outdoor storage is not permitted -required as per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. Design Stds. Site Plans: must be screened as per Sec. 3.24 -each site must have a minimum of -plans must be submitted in - ma be o erated 24 hours/da 25 oints as defined b Cha ter 5 accordance with Sec. 3.31 Section 3.21 CC3 - Highway,Commercial District A. Purpose -This district would permit uses that do not fit within the retail or manufacturing categories. Service and retail uses associated with outdoor storage, noise, especially auto repair and service and others would be permitted. The minimum lot size is less than the Shopping Center District to allow for more flexibility of uses. It is anticipated that most of these districts would not be located near residential districts. B. Permitted Uses 1. Residential / Ag /Educational /Community Facility Uses: hotel & motel; business & professional school; government buildings; parks, golf courses & community buildings; bus or train passenger terminal; auto parking lots & garages. 2. Retail Uses: convenience store w/gasoline sales; restaurant with drive-in or drive-thru service; retail plumbing, electrical & hardware w/o outside display; hardware with outside display; commercial greenhouse; furniture store; feed and seed w/outside storage; motorcycle & jet ski sales & repair; vehicle sales w/outside display; auto sales; gasoline service station; building materials without outside storage. 3. Service & Office Uses: apparel alterations; veterinarian office w/kennels; food catering; hospital; contractor office w/yard; exterminator shop w/storage; pawn shop. 4. Commercial Service & Industrial Uses: motion picture theater; automotive repair & service w/o outside storage; laundry /dry cleaning plant; appliance repair shop; plumbing, heat, air conditioning & electrical trades shop; welding shops; upholstery, furniture repair; self service storage; printing & bookbinding; research & development labs. C. Special Uses 1. Residential / Ag /Educational /Community Facility Uses: (privately operated) kindergarten, primary & secondary school; junior & senior colleges & universities; vocational, technical & trade schools; telecommunication towers; cemeteries & mausoleums; airport, heliport or helistop 2. Retail Uses: second hand goods shop; building materials w/outside storage. 3. Service & Office Uses: self service Laundromat; funeral home /mortuary, day care /day nursery. 3. Commercial Service & Industrial Uses: outdoor amusement; archery & firearm ranges. D. Site Requirements General Requirements: Minimum lot size: 10,000 s.f. Maximum lot size: none Minimum lot width at front setback line: 150 ft. Minimum lot depth 120 ft. Maximum lot coverage 70% PRIMARY USE & STRUCTURE: Minimum setbacks: front: 40 ft. side abutting residential: 25 ft. side abutting non-residential: 15 ft. rear abutting residential: 25 ft. rear abutting non-residential 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. to reside ntial district: see Sec. 3.24 (A&B) Accessory Use & Structure: Permitted as per Sec. 3.24 & 3.28 E. Supplementary Requirements General: Landscaping Plans: Off-Street Parking: -outdoor storage is permitted -required as per Chapter 4 - as required by Sec. 3.29 -uses adjacent to single family uses Commercial Bldg. Design Stds: Site Plans: must be screened as per Sec. 3.24 -each site must have a minimum of -plans must be submitted in -may be operated 24 hours/day. I 20 points as defined by Chapter 5 I accordance with Sec. 3.31 Section 3.22 ML -'Light Manufacturing District A. Purpose -This district would permit uses that involve the fabrication of products or have outdoor storage, noise, odors or other objectionable aspects that would not be compatible in retail or service areas. This district is limited to those uses that are not retail in nature or in some cases those that need outdoor space. B. Permitted Uses 1. Residential / Ag /Educational /Community Facility Uses: vocational, technical & trade schools; business & professional school; government buildings; parks, golf courses & community buildings; public maintenance & storage buildings; bus or train passenger terminal; railroad or motor freight terminals; auto parking lots & garages; transportation vehicle storage yards or garages. 2. Retail Uses: convenience store w/gasoline sales; vehicle sales w/outside display; automobile sales; gasoline service station; building materials with outside storage. 3. Service & Office Uses: veterinarian office w/kennels; contractor office w/yard; exterminator shop w/storage. 4. Commercial Service & Industrial Uses: automotive repair & service with and without outside storage; laundry-dry cleaning plant; appliance repair shops; plumbing, heat, air conditioning & electrical trades shop; welding shops; upholstery, furniture repair; self service storage; warehouse & distribution; printing & bookbinding; food packaging & manufacturing; research & development tabs; all other manufacturing. C. Special Uses 1. Residential / Ag /Educational /Community Facility Uses: mobile home dwellings; servants or caretakers quarters; (privately operated) kindergarten, primary & secondary school; telecommunication towers; solid waste disposal sites; cemeteries & mausoleums; airport, heliport or helistop 2. Retail Uses: none 3. Service & Office Uses: none 4. Commercial Service & Industrial Uses: outdoor amusement; archery & firearm ranges D. Site Requirements General Requirements: PRIMARY USE & STRUCTURE: Accessory Use & Structure: Minimum lot size: 10,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: none front: 40 ft. Minimum lot width at front side abutting residential: 25 ft. Setback line: 100 ft. side abutting non-residential: 15 ft. Minimum lot depth 120 ft. rear abutting residential: 25 ft. Maximum lot coverage 60% rear abutting non-residential 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. To residential district: see Sec. 3.24 (A&B) E. Supplementary Requirements General: Landscaping Plans: Off-Street Parking: -outdoor storage is permitted -required as per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. Design Stds: Site Plans: Must be screened as per Sec. 3.24 -each site must have a minimum of -plans must be submitted in - ma be o erated 24 hours/da 30 oints as defined b Cha ter 5 accordance with Sec. 3.31 Section 3.24 Schedule vfi Permitted Uses '~ A. General Requirement and Symbols Used -Land and buildings may be used in accordance with Table 3.24.C, Schedule of Permitted Principal Uses and the additional requirements of this section. The following symbols are used in Table 3.24.C, Schedule of Permitted Principal Uses: 1. Permitted Uses - A "P" in a cell indicates that the use is allowed by right as the principal use in the applicable zoning district in accordance with Table 3.24.C, Schedule of Permitted Principal Uses. 2. Specific Uses - An "S" in a cell indicates that the use may be allowed with the approval by the City Council of a Special Use Permit following the applicable review and approval procedures. 3. Prohibited Uses - An empty cell indicates that the land use is prohibited in the applicable zoning district, unless otherwise allowed with the approval by the City Council of an ordinance establishing a Planned Unit Development District, or authorized by a Special Use Permit, or in conformance with the provisions contained in Section 3.6.6-Classification of New and Unlisted Uses. i~ Q . ' Y L ('7 N ~ V N r ~ M ~ t0 tLf (0 ~A N fU f0 fl5 f0 >•- a c C C C C G C o~ IC = ~ ~ N N L' d~ ({~ O 00 W W M W N ~ M M M a0 (D f~ N Q. 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O c ~ •,,,~- p L-.. a i UJ p (q ~ W m v ~ 'm lA ~ v ~ ~ 3 a~ .n E a t m rn n p ~ E p ~ m U ~ ~ > p a i E = ~~ ~ ~ ~ ~ ~ o c L C ~ p ~ •y ~ '~ O ~ tat//~i~ N c U ~ pp t! a a a ~ LL c c o ` o, ~ J O U ~ (9 f6 O Q O Y N 'D 3 N f0 = 'O C ~ C - N ~ f9 ~ y d C `V ~ f0 ~ f0 ~ ~ E ~ v •o c E d ? ~ ~ ~ ~ m ~ ~ ~ o ~ N =o a ~ ~ S Q a •a ° E c N c ~ m o '~ ~ v m L E C •c (0 ai ~ ~ t L ~ o c C ~° p Q o_ Q 5 m 0 U 0 U 0 U ~ w x w o iL p ~ ~ ~ O - O p a a`. a~ ~ '~ to c, (n a ~ p 3 o ~ co ~ ~ ~ Proposed Amendments to the Text Descriptions of Zoning Districts and Revised Table of Permitted Uses The following document is the proposed amendment to the text descriptions of the commercial zoning districts and the revised version of Table 3.24.B - Schedule of Permitted Principle Uses. Text descriptions of the commercial zoning districts: The proposed deleted text is shown with a strikethrough. The proposed text is shown as bold-Italics- underlined text. The only proposed changes to the text descriptions are removing references to specific permitted and special uses. No development standards are being altered. • Table 3.24.6 -Schedule of Permitted Principle Uses: The proposed land use revisions are highlighted. All other land uses are not being changed. Section 3.'17 CP{7 -'Professional Uffice Commercia! District-~ ~~° ~,:_; `~ ~g~~ ~ ~ ~ A. Purpose -This district is designed to be compatible adjacent to or near residential area and to provide office services needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. B. Permitted Uses 1. See Table 3.24.8 -Schedule of Permitted PrinciAle Uses C. Special Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses D. Site Requirements Minimum lot size: .__ 7,200 s.f . ~ Minimum setbacks: ?Max. Buildingheight in stories: 2 st_ __ Maximum lot size: _ .. 1 acre _-__-_- _._ front: __________ _ ___ 40 ft_ __ _ ___ ___T___. _.___ _ Max. buildingheight in feet: 35 ft. Minmum lot width at front _~ side abutting residential. _ _ 25 ft. __ 'Max. building height adj. To residential setback line 100 ft._ _ side abutpng non-residential 15 ft distnct: see Sec. 24 Minimum lot depth 120 ft. _ , rear abutting residential: _ 25 ft Maximum lot coverage. 40% _ rear abutting non-residential: 10 ft. E. Supplementary Requirements .. _... _ - i eneral: i Lan~in Pc~_lans_• .Off Street Parking -outdoor storage is not permitted ; - re uired as er C'ha ter 4 . - as re uired b Sec. 3.29 -uses adjacent to single family uses Commercial Bldg. Design Sfds. 0 Site Plans: must be screened as per Sec. 3.26 each site must have a minimum of ? -plans must be submitted in - may be operated in daytime only ! 25 points as per Chapter 5 accordance with Sec. 3.31 Section 3.18 'CN - Neighbarhovc! Commercial District ~.~ .~~,g A. Purpose -This district is designed to be compatible adjacent to or near residential areas and to provide goods needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. B. Permitted Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses C. Special Uses 1. See Table 3.24.6 -Schedule of Permitted Principle Uses D. Site Requirements General Requirements: PRIMARY USE & STRUCTURE: Accessory Use & Structure: Minimum lot size: 10,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: 1 acre front: 40 ft. Minimum lot width at front side abutting residential: 25 ft. setback line: 100 ft. side abutting non-residential: 15 ft. Minimum lot depth: 120 ft. rear abutting residential: 25 ft. Maximum lot coverage: 40% rear abutting non-residential: 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. To residential district: see Sec. 24 E. Supglementarv Requirements General: Landscaping Plans: Off-Street Parking: - outdoor storage is not permitted -required per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. Design Sfds. Site Plans: must be screened as per Sec. 24 -each site must have a minimum of -plans must be submitted in -may be operated in daytime only 25 points per Chapter 5 accordance with Sec. 3.31 Sec#ion 3.19 CC1 - Village Retail t?is#irict ;~~~ ~a ~~ '~,~ ~` x n~.. ~ ~ ~~ A. Purpose -This district is oriented to general commercial retail goods and services as well as some office, entertainment and community facility uses. While the district is designed to encourage "clustering" stores, the site requirements allow for a smaller scale than a shopping center type development. It is likely that Village Retail centers will be built without a major anchor store and be located near but not at major street intersections. B. Permitted Uses 7. See Table 3.24.6 -Schedule of Permitted Principle Uses C. Special Uses 7. See Table 3.24.6 -Schedule of Permitted Principle Uses D. Site Requirements General Requirements: PRIMARY USE & STRUCTURE: Accessory Use & Structure: Minimum lot size: 15,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: 5 acres front: 40 ft. Minimum lot width at front side abutting residential: 25 ft. setback line: 150 ft. side abutting non-residential: 15 ft. Minimum lot depth: 120 ft. rear abutting residential: 25 ft. Maximum lot coverage: 50% rear abutting non-residential: 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. To reside ntial district: see Sec. 3.24 (A&B) E. Supplementary Requirements General: Landscaping Plans: Off-Street Parking: -outdoor storage is not permitted -required as per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. Design Stds. Site Plans: must be screened as per Sec. 24 -each site must have a minimum of -plans must be submitted in -may be operated 24 hours/day 30 points as defined by Chapter 5 accordance with Sec. 3.31 Section 3.20 CC2 -'Shopping Center District ~` A. Purpose -This district is oriented to general commercial goods and services as well as office, entertainment and community facility uses. By nature, shopping center tracts are large-scale usually accommodating a large anchor store and several smaller stores. These tracts are generally located at major street intersections. B. Permitted Uses 1. See Table 3.24.6 -Schedule of Permitted Principle Uses C. Special Uses 1. See Table 3.24.6 -Schedule of Permitted Principle Uses D. Site Reauirements General Requirements: PRIMARY USE & STRUCTURE Accessory Use & Structure Minimum lot size: 20,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: none front: 40 ft.* Minimum lot width at front *see Sec. 23 (D) for special "urban setback line: 150 ft. Village" front yard setback. Minimum lot depth 120 ft. side abutting residential: 25 ft. Maximum lot coverage 60% side abutting non-residential: 15 ft. rear abutting residential: 25 ft. rear abutting non-residential 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height in PUD 4 st. Max. building height adj. To residential district: see Sec. 3.24 (A&B) E. Supplementary Requirements General: Landscaping Plans: Off-Street Parking: - outdoor storage is not permitted -required as per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. Design Stds. Site Plans: must be screened as per Sec. 3.24 -each site must have a minimum of -plans must be submitted in - ma be o erated 24 hours/da 25 oints as defined b Cha ter 5 accordance with Sec. 3.31 ~, ,~~K> Section 3.21 GC3 -.:.Highway Commercial District a ~ ~~~- A. Purpose -This district would permit uses that do not fit within the retail or manufacturing categories. Service and retail uses associated with outdoor storage, noise, especially auto repair and service and others would be permitted. The minimum lot size is less than the Shopping Center District to allow for more flexibility of uses. It is anticipated that most of these districts would not be located near residential districts. B. Permitted Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses C. Special Uses 7. See Table 3.24.8 -Schedule of Permitted Principle Uses D. Site Reouirements General Requirements: Minimum lot size: 10,000 s.f. Maximum lot size: none Minimum lot width at front setback line: 150 ft. Minimum lot depth 120 ft. Maximum lot coverage 70% PRIMARY USE & STRUCTURE: Minimum setbacks: front: 40 ft. side abutting residential: 25 ft. side abutting non-residential: 15 ft. rear abutting residential: 25 ft. rear abutting non-residential 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. to reside ntial district: see Sec. 3.24 Accessory Use & Structure: Permitted as per Sec. 3.24 & 3.28 E. Supplementary Reouirements landscaping Plans: - required as per Chapter 4 Commercial Bldg. Design Stds: - each site must have a minimum of 20 points as defined by Chapter 5 Off-Street Parking: - as required by Sec. 3.29 Site Plans: -plans must be submitted in accordance with Sec. 3.31 General: - outdoor storage is permitted - uses adjacent to single family uses must be screened as per Sec. 3.24 -may be operated 24 hours/day. Section:3.22 ML - l.igh# ~(lan~tfacturing ;District `~ A. Purpose -This district would permit uses that involve the fabrication of products or have outdoor storage, noise, odors or other objectionable aspects that would not be compatible in retail or service areas. This district is limited to those uses that are not retail in nature or in some cases those that need outdoor space. B. Permitted Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses C. Special Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses D. Site Requirements Genera/ Requirements: PRIMARY USE & STRUCTURE: Accessory Use & Structure: Minimum lot size: 10,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: none front: 40 ft. Minimum lot width at front side abutting residential: 25 ft. Setback line: 100 ft. side abutting non-residential: 15 ft. Minimum lot depth 120 ft. rear abutting residential: 25 ft. Maximum lot coverage 60% rear abutting non-residential 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. To residential district: see Sec. 3.24 (A&B) E. SUpplementaN RegUlremerltS General: Landscaping Plans: Off-Street Parking: - outdoor storage is permitted -required as per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. Design Sfds: Sife Plans: Must be screened as per Sec. 3.24 -each site must have a minimum of -plans must be submitted in - ma be o erated 24 hourslda . 30 oints as defined b Cha ter 5 accordance with Sec. 3.31 >~ Q C O ~~ co N v v N n oo ,n cd C cd C ~c C .n N <d C ~o C <d C <d C a~ o ~«- R = ~ ~ " N U ~ 'a R ~ W W a0 a0 00 N ~ W ~ N c+7 00 f0 n N O.C~~;. 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LL O O a. a ~ ., s ~ ~ ~ ~ i ~ i j ~ ORDINANCE 0-07-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTIONS 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 AND 3.24 -SCHEDULE OF PERMITTED USES, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INDUCTIVE RELEIF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 on January 16, 2007, by enacting Ordinance 0-07-1607 relating to Chapter 3 Land Use, Section 3.24 - Schedule of Permitted Uses, and Section 3.29 - Parking Requirements, of the Land Development Code; 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 by amending the Schedule of Permitted Uses and the Parking Requirements; 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, Ordinance 0-07-xxxx Page 2 of 3 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 Chapter 3 Land Use, SECTIONS 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 AND 3.24 -SCHEDULE OF PERMITTED USES, of the Land Development Code, is hereby amended in its entirety to read as shown in the attached as Exhibit "A", Sec. 3. THAT Ordinance 0-00-1214 and 0-07-1607, the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. Ordinance 0-07-xxxx Page 3 of 3 The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A :..._. Section 3,17 ; CP0 -:Professional Office Commercial Dlstric~,$ y ` ~~ ~-~ ;~~ A. Purpose -This district is designed to be compatible adjacent to or near residential area and to provide office services needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. B. Permitted Uses 1. See Table 3.24.6 -Schedule of Permitted Principle Uses C. Special Uses 1. See Table 3.24.6 -Schedule of Permitted Principle Uses D. Site Requirements { Minimum lot size: 7 200 s.f ~ Minimum setbacks: __ ° Max. Building height in stories: 2 st Maximum lot size 1 acre front: -- 40 ft. --- i Max. buildin hei ht in feet 35 ft - -g- -~ -- - --- -- __ Minimum lot width at front _ - - ----- ~ side abuttinc,~residential: 25 ft. T I Max. building height adj_To residential _. --- _-- ---- - - . __ . __ . setback line: _ . .. _ ft. 100 t--- - ---- side abutting non-residential_ 15 ft__ ~ district: see Sec~24 __ __ _ ;Minimum lot de~th______ _ _ 120 ft. rear abutting residential: 25 ft Maximum lot coverage: 40% ~ rear abutting non-residential: 10 ft. _, E. Supplementary Requirements _..__ ,General: Landscaping Plans• Off-Street Parking -outdoor storage is not permitted ; - required aver Chapter_4 _ _ as required by Sec 3.29 -uses adjacent to single family uses ~ Commercial Bldg. Design Stds. Srte Plans i _.. _ _.. must be screened as per Sec. 3.26 ~ -each site must have a minimum of -plans must be submitted in __. ___ .--- ._.... __ _ . ...._._ _ r . _ . .... _ ......... _ _ ..... __....... - may be operated in daytime only 25 points as per Chapter 5 accordance with Sec. 3.31 _ __ _ _ _ _ _._ -- Section 3.18 +CN -Nei hborhood Commercial District `"„~~~ ~ b~~ ; ` r A. Purpose -This district is designed to be compatible adjacent to or near residential areas and to provide goods needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. B. Permitted Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses C. Special Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses D. Site Reauirements General Requirements: PRIMARY USE & STRUCTURE: Accessory Use & Structure: Minimum lot size: 10,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: 1 acre front: 40 ft. Minimum lot width at front side abutting residential: 25 ft. setback line: 100 ft. side abutting non-residential: 15 ft. Minimum lot depth: 120 ft. rear abutting residential: 25 ft. Maximum lot coverage: 40% rear abutting non-residential: 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. To residential district: see Sec. 24 E. Supplementary Reauirements General: - outdoor storage is not permitted - uses adjacent to single family uses must be screened as per Sec. 24 Landscaping Plans: - required per Chapter 4 Commercial Bldg. Design Stds. - each site must have a minimum of Off-Street Parking: - as required by Sec. 3.29 Site Plans: -plans must be submitted in -may be operated in daytime only 25 points per Chapter 5 accordance with Sec. 3.31 A. Purpose -This district is oriented to general commercial retail goods and services as well as some office, entertainment and community facility uses. While the district is designed to encourage "clustering" stores, the site requirements allow for a smaller scale than a shopping center type development. It is likely that Village Retail centers will be built without a major anchor store and be located near but not at major street intersections. B. Permitted Uses 1. See Table 3.24.6 -Schedule of Permitted Principle Uses C. Special Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses D. Site Reauirements General Requirements: PRIMARY USE 8c STRUCTURE: Accessory Use & Structure: Minimum lot size: 15,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: 5 acres front: 40 ft. Minimum lot width at front side abutting residential: 25 ft. setback line: 150 ft. side abutting non-residential: 15 ft. Minimum lot depth: 120 ft. rear abutting residential: 25 ft. Maximum lot coverage: 50% rear abutting non-residential: 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. To residential district: see Sec. 3.24 (A&B) E. Supplementary Requirements General: Landscaping Plans: Off-Street Parking: - outdoor storage is not permitted -required as per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. Design Stds. Site Plans: must be screened as per Sec. 24 -each site must have a minimum of -plans must be submitted in -may be operated 24 hours/day 30 points as defined by Chapter 5 accordance with Sec. 3.31 A. Purpose -This district is oriented to general commercial goods and services as well as office, entertainment and community facility uses. By nature, shopping center tracts are large-scale usually accommodating a large anchor store and several smaller stores. These tracts are generally located at major street intersections. B. Permitted Uses 1. See Table 3.24.6 -Schedule of Permitted Principle Uses C. Special Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses D. Site Requirements General Requirements: PRIMARY USE & STRUCTURE Accessory Use 8 Structure Minimum lot size: 20,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: none front: 40 ft.* Minimum lot width at front *see Sec. 23 (D) for special "urban setback line: 150 ft. Village" front yard setback. Minimum lot depth 120 ft. side abutting residential: 25 ft. Maximum lot coverage 60% side abutting non-residential: 15 ft. rear abutting residential: 25 ft. rear abutting non-residential 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height in PUD 4 st. Max. building height adj. To residential district: see Sec. 3.24 (A&B) E. Supplementary Requirements General: Landscaping Plans: Off-Street Parking: - outdoor storage is not permitted -required as per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. Design Stds. Site Plans: must be screened as per Sec. 3.24 -each site must have a minimum of -plans must be submitted in - ma be o erated 24 hours/da 25 oints as defined b Cha ter 5 accordance with Sec. 3.31 A. Pur ose -This district would permit uses that do not fit within the retail or manufacturing categories. Service and retail uses associated with outdoor storage, noise, especially auto repair and service and others would be permitted. The minimum lot size is less than the Shopping Center District to allow for more flexibility of uses. It is anticipated that most of these districts would not be located near residential districts. B. Permitted Uses 1. See Table 3.24.6 -Schedule of Permitted Principle Uses C. Special Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses D. Site Requirements General Requirements: Minimum lot size: 10,000 s.f. Maximum lot size: none Minimum lot width at front setback line: 150 ft. Minimum lot depth 120 ft. Maximum lot coverage 70% PRIMARY USE 8c STRUCTURE: Minimum setbacks: front: 40 ft. side abutting residential:. 25 ft. side abutting non-residential: 15 ft. rear abutting residential: 25 ft. rear abutting non-residential 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. to reside ntial district: see Sec. 3.24 Accessory Use & Structure: Permitted as per Sec. 3.24 & 3.28 E. Supplementary Requirements General: -outdoor storage is permitted - uses adjacent to single family uses must be screened as per Sec. 3.24 -may be operated 24 hours/day. Landscaping Plans: - required as per Chapter 4 Commercial Bldg. Design Stds: - each site must have a minimum of 20 points as defined by Chapter 5 Off-Street Parking: - as required by Sec. 3.29 Site Plans: -plans must be submitted in accordance with Sec. 3.31 A. Purpose -This district would permit uses that involve the fabrication of products or have outdoor storage, noise, odors or other objectionable aspects that would not be compatible in retail or service areas. This district is limited to those uses that are not retail in nature or in some cases those that need outdoor space. B. Permitted Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses C. Special Uses 1. See Table 3.24.8 -Schedule of Permitted Principle Uses D. Site Requirements General Requirements: PRIMARY USE 8~ STRUCTURE: Accessory Use & Structure: Minimum lot size: 10,000 s.f. Minimum setbacks: Permitted per Sec. 3.24 & 3.28 Maximum lot size: none front: 40 ft. Minimum lot width at front side abutting residential: 25 ft. Setback line: 100 ft. side abutting non-residential: 15 ft. Minimum lot depth 120 ft. rear abutting residential: 25 ft. Maximum lot coverage 60% rear abutting non-residential 10 ft. Max. Building height in stories: 2 st. Max. building height in feet: 35 ft. Max. building height adj. To residential district: see Sec. 3.24 (A&B) E. Supplementary Requirements General: Landscaping Plans: Off-Street Parking: - outdoor storage is permitted -required as per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. 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