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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-9/24/2007~~ ~~~ City of Colleyville ~ Meetin A enda 9 9 T~,,. Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, September 24, 2007 7:00 PM City Council Chambers 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 Dudziak 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES September 10, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat for Lot 3R1 - 3R4, Block 2 of the Riverwalk at Colleyville Addition being Lot 3, Block 2 of the Riverwalk at Colleyville Addition located at 1128 Glade Road, Case P-07-047 7b Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots 5 and 6, Block 1 of the Thompson Terrace Addition located at 5101-5105 Colleyville Boulevard, Case Z-07-025 City of Colleyville Page 1 Printed on 9/20/2007 Planning and Zoning Commission Meeting Agenda September 24, 2007 7c Approval of a request for a zoning change from R40-Single Family Residential to R20-Single Family Residential on 1.5 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey located at 6101 Hunter Lane, Case Z-07-032 8. TABLED AGENDA ITEMS 8a Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case Z-07-008 8b Consider an amendment to the Master Thoroughfare Plan to remove Heritage Avenue from Glade Road to Cheek Sparger Road, Case G-07-016 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. A~.IOURNMENT I hereby c rtify the al~ve agenda was posted on the bulletin boards at City Hall on Frida ,September 21, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 9/20/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com C.tt~ ~~f `t1 ~~;!~ .,-- f't~~:a Minutes -Draft Monday, September 10, 2007 6:15 PM City Council Chambers Planning and Zoning Commission ~~^~~# City of C o l l eyv i l l e Colleyvil a aTexas 76034 (817) 503-1000 Minutes -Draft www.colleyville.com Tcn a Planning and Zoning Commission Monday, September 10, 2007 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on September 10, 2007 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner Dave Dudziak Staff Present: Chris Fuller, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the meeting minutes as written. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -Dudziak City of Colleyville Page 1 Printed on 9120/2007 Planning and Zoning Commission Minutes -Draft September 10~ 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a Special Use Permit for a wedding chapel and for on-premise alcohol sales on Lot 40R1 of the Village at Colleyville Addition located at 85 Piazza Lane, Case Z-07-031 Chris Fuller presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:09 p.m. Michael Tamer, the applicant, came forward to present the case and brief the Commission. Commissioner Duffy questioned Mr. Tamer regarding what hours will the Chef work? Mr. Tamer replied the Chef will probably work five days a week, Wednesday through Sunday, depending on the events that are scheduled. Commissioner Duffy questioned Mr. Tamer regarding if the facility will be open to walk in business? Mr. Tamer replied no, it will only be opened for scheduled events. Commissioner Redfearn questioned Mr. Tamer regarding the parking spaces that will be required, about 150 spaces, and the plan is to use the existing parking spaces that are in the Village? Mr. Tamer replied yes, the parking lot on the southwest corner. Commissioner Taylor questioned Mr. Tamer regarding how much additional parking will be needed? Mr. Tamer replied not needing any additional spaces other than an egress from the court yard area, directly in front of the chapel. Commissioner Phelps questioned Mr. Tamer regarding the operation of the carriage and limos, will they be backed in and utilized for the departures? Mr. Tamer replied yes, the purpose of the limo or horse drawn carriage is for the departure of the bride and the groom. Mr. Tamer stated there may be a carriage staged in the garden area for the purpose of pictures. He stated the horse and the carriage will only be used if the customer wants it. He stated the garden may be opened to the public to be able to take pictures., however, it is designed to be the destination for wedding pictures. Commissioner Taylor stated that the horse drawn carriage is used almost 55% of the time at Disneyworld. Commissioner Byerly questioned Mr. Tamer regarding if the hours of City of Colleyville Page 2 Printed on 9/20/2007 Planning and Zoning Commission Minutes -Draft September 10, 2007 operation for the alcohol sales is needed until 2 a.m.? Mr. Tamer replied the time frame for the alcohol sales is to allow for those who have a later wedding to not be restricted to having to clear out at or before midnight. He stated the hours allow for more flexibility and are consistent with the businesses in the area. Commissioner Duffy questioned Mr. Tamer if there will be some type of security provided? Mr. Tamer replied he would have to have security because of the number of people that could be present during an event. Mr. Tamer replied this is an attractive location for this type of business and he stated he expects to be a good neighbor. Commissioner Redfearn questioned Mr. Tamer regarding which type of services will generate tax revenue? Mr. Tamer replied they will charge fees for meals, services, rentals, furniture, video, pictures and conference materials, which will all affect the tax revenue. He stated wanting to bring people to the Village development. Commissioner Taylor questioned if there will be music playing in the courtyard? Mr. Tamer replied there may be some type of music playing in the courtyard, it would depend on the customer. Commissioner Phelps questioned staff regarding the hours of operation for alcohol sales, in this area, are there restrictions to an earlier hour? Chris Fuller replied as indicated in the agenda briefing, Indigo Grille is 10:00 p.m.; Ruggeri's is 10:00 p.m.; 62 Main is 12:00 a.m. and Glorias is 2:00 a.m. Commissioner Taylor stated for the amount of money that can be spent on a wedding, the hours of alcohol sales are reasonable. Jimmy Archie, 74 Casa Lane, came forward to speak on behalf of Realty Capital and stated the Village is in full support of this business. Commissioner Duffy thanked Mr. Archie regarding bringing new businesses to the Village. Commissioner Redfearn questioned Mr. Archie regarding what does this do to the overall parking dynamic of the Village? Mr. Archie replied it does not present a problem. He stated if there were more parking spaces needed, there are some lots that can be made into parking lots or a second level could be added to the current parking lot to the southwest of the development. Jim Gilbert, 2900 Eagles Nest Drive, builder in the Village, spoke in favor of the request. City of Colleyville Page 3 Printed on 9/20/2007 Planning and Zoning Commission Minutes -Draft September 10, 2007 There being no one wishing to speak, the public hearing was closed at 7:28 p.m. Mr. Tamer came forward and stated he has good intentions to build an upscale business. Commissioner Phelps questioned staff if there are two different elements that will encompass this Special Use Permit request? Chris Fuller replied this is a Special Use Permit request that will encompass all of the uses proposed. Commissioner Phelps moved to approve case Z-07-031. Commissioner Taylor seconded. Commissioner Duffy stated wanting staff to repeat that if the wedding chapel goes away that the SUP for alcohol goes away as well. Chris Fuller restated the draft ordinance, the Special Use Permit shall automatically expire upon the abandonment of the business, change in use or upon the expiration or termination of the Certificate of Occupancy for the wedding chapel. He stated the reception facility or catering use could continue. Commissioner Redfearn stated the hours of operation in section 4 of the proposed ordinance are only provided in accordance with the acceptable uses noted in section 2a and 2b of the draft ordinance. City Attorney Kailas replied the only uses allowed would be the only ones allowed to operate. Commissioner Byerly stated the draft ordinance states that the horse would be limited to the wedding chapel property. Chris Fuller concurred and stated it may require a revised site plan. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak 8. TABLED AGENDA ITEMS 8a 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 Commissioner Knox moved to remove this item from the table. Commissioner Phelps seconded. The motion carried by the following vote: City of Col/eyville Page 4 Printed on 9/20/2007 Planning and Zoning Commission Minutes -Draft September 10, 2007 Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak Chris Fuller presented the case and briefed the Commission. Ben Thompson, the applicant, came forward to present the update and brief the Commission. Commissioner Redfearn questioned Mr. Thompson regarding what is specifically different between this site plan and the one that was previously submitted? Mr. Thompson replied the access on Oak Timbers was removed and have provided one entrance and exit off of Glade Road. Commissioner Duffy stated understanding the Glade Road entrance, however, he stated that is a dangerous location. He stated the loop around the building could exit off of Oak Timbers. He stated he could not support the exit and entrance from Glade Road. Mr. Thompson stated there is not enough of a turn radius for the entrance on Oak Timbers. Commissioner Duffy stated the angles could be adjusted to accommodate the entrance and exit from Oak Timbers. Mr. Thompson stated staff did not support the entrance or exit on Oak Timbers. Commissioner Knox questioned Mr. Thompson regarding what is the distance from the new entry point to the intersection? Mr. Thompson replied about 120 feet. Commissioner Phelps questioned Fire Marshal McKeown regarding if the northwest entrance would have to be 24 feet wide as well? Marshal McKeown replied yes. Commissioner Phelps questioned Marshal McKeown if he saw any issues with regards to the turning radius? Marshal McKeown replied not liking to have to back out of the property, however, they would be able to access the property from that point. Discussion occurred between Mr. Thompson and the Commission regarding the location of the entrance and exit on Oak Timbers Court. Commissioner Duffy stated with only five cars on the site, at one time, there is no such thing as a traffic jam. Commissioner Phelps suggested making the driveway on Oak Timbers wider than the 24 feet to make it easier to access the property. Commissioner Taylor suggested removing the Glade Road entrance and using the money that would have been spent for that entrance to double the width of the Oak Timbers driveway. City of Colleyville Page 5 Printed on 9/20/2007 Planning and Zoning Commission Minutes -Draft September 10, 2007 Mr. Thompson stated he wanted what ever is necessary to make the engineering design so that he may complete his project. Chris Fuller stated the removal of the driveway at the driveway approach on Glade Road and the addition of a driveway on Oak Timbers Court is in compliance or near compliance with the code would garner staff support. He stated staff was looking for compliance, not approval or disapproval. He stated as proposed, staff would support it. Commissioner Byerly questioned staff regarding if the entrance on Glade Road was approved in the draft ordinance because it is in compliance? Chris Fuller replied at the time of the original submittal, the Oak Timbers driveway was much closer to the intersection, which staff did not support. He stated staff would support the Oak Timbers driveway as near to what is being proposed at this meeting. Commissioner Byerly questioned staff regarding if staff would support the driveway placement to be behind the existing structure? Chris Fuller replied it should be close enough. Commissioner Knox questioned engineering staff regarding their input for the driveway placement? Mr. Hutt replied the existing driveway is in compliance so if the entrance is located at the existing driveway or further north, then it would still be in compliance. Commissioner Phelps questioned Mr. Hutt if the driveway placement takes into consideration the future expansion of Glade Road? Mr. Hutt replied 10 feet would be lost by expanding Glade Road, therefore placing the driveway further north would help the compliance of the driveway placement. Discussion occurred between the Commission and Mr. Thompson regarding more recommendations for driveway placement. Commissioner Phelps stated the property adjacent to the subject property will also require cross access, in the future, that may help with this project and will help to gain access from Glade Road. Mr. Thompson stated he would like a favorable approval as he has worked with the Engineering department and staff for compliance with the placement of the driveway. Commissioner Knox questioned Engineering staff regarding how far out of compliance is this from the center of Oak Timbers to the center of this proposed driveway on Glade Road? Mr. Hutt replied the code requires about 180 or 185 feet, but not sure. He stated the frontage of the City of Colleyville Page 6 Printed on 9/20/2007 Planning and Zoning Commission Minutes -Draft September 10, 2007 property is about 114, so it is significantly less. Commissioner Taylor stated there being so much discussion because of the fear for the safety of the citizens coming on and off of Glade Road. Mrs. Thompson stated being in shock that Glade Road was not going to be an option for their entrance. Mr. Thompson discussed with Mr. Hutt and stated the current proposal would not be in compliance. Mr. Hutt replied he would not be able to draw the driveway at this point, however, he would need to see a revised drawing. Commissioner Byerly moved to approve case Z-07-029 per staffs draft ordinance with no entrance off of Glade Road and that an entrance on Oak Timbers be at or north of the current entrance. Commissioner Duffy seconded. Commissioner Duffy suggested that the applicant get with staff regarding the Oak Timbers entrance and placement. Commissioner Byerly stated if the parking has to be moved to the back of the property to make the placement of the entrance work, the applicant may make those changes and the motion would remain the same. City Attorney Kallas stated an amended site plan would need to be submitted before going to City Council that would comply with these recommendations. He stated if no substantial changes are made, the site plan will not have to have to come back to the Commission. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller reminded the Commissioners of the workshop to be held on Wednesday, September 12, 2007 at 6:30 p.m. on the first floor of the Library. 10. COMMISSIONERS' COMMENTS AND REPORTS None 11. ADJOURNMENT The meeting adjourned at 8:12 p.m. City of Colleyville Page 7 Printed on 9/20/2007 Planning and Zoning Commission Minutes -Draft September 10, 2007 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 7, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 8 Printed on 9/20/2007 ~~ti ^ ^ City of C o l l eyvi I l e Colleyvil a aTexas 76034 t~ (817) 503-1000 r~^.~- Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 09/24/2007 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a replat for Lot 3R1 - 3R4, Block 2 of the Riverwalk at Colleyville Addition being Lot 3, Block 2 of the Riverwalk at Colleyville Addition located at 1128 Glade Road, Case P-07-047 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 09/24/2007 Planning and Zoning Commission Title Approval of a replat for Lot 3R1 - 3R4, Block 2 of the Riverwalk at Colleyville Addition being Lot 3, Block 2 of the Riverwalk at Colleyville Addition located at 1128 Glade Road, Case P-07-047 Explanation Larry Stewart is the developer of a 2.0 acre tract of land located at 1120 Glade Road. The developer has submitted a request for approval of a replat that will consist of four (4) commercial lots. Zoning. The property is zoned PUDR-Planned Unit Development Residential under ordinance 0-00-1210. Ordinance 0-00-1210 requires that all non-residential properties adhere to the uses and standards of the CN-Neighborhood Commercial zoning district. The CN zoning district requires a minimum lot width of 100 feet and lot depth of 120 feet, and a minimum lot area of 10,000 square feet. The proposed plat meets the development criteria as stated within the Land Development Code. Sidewalks and Trails. A 10-foot wide concrete trail is required to be constructed along Glade Road at the time the building permit is issued. 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 City of Colleyville Page 1 Printed on 9/20/2007 Agenda Briefing Continued Commission. Recommendation Approval City of Coileyville Page 2 Printed on 9/20/2007 Location and Zoning Map .~~ ~- ~ I ~ l' ~f ~j __~ _~ ~_ ____________ _ __~ ~ ~~.~- 1~~ ~ l ~~ ,~.,t ;' ~; p~ __ ~' o_.. _ __ ~_ - ~ ~ t ~~ -" ~,.C ~ - _ ~ ~ ~~ )r , T 7 i~ ~` ~; r r -~ SITE ~~ :, ~~ l ti~:~ ~ `, `. t °. .. t i~ 1~7 ~~ ~_- _ `~` ~1 ~ 1 ~_ _ .d yT ~^ CITY OF COLLEYVI~LLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE August 28, 2007 TO LARRY STEWART FAX 817.251.7009 FROM Ron Ruthven, Development Coordinator SUBJECT P-07-047 Replat - Riverwalk at Colleyville 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. Part of Lot 3R3 is within the 100 year flood plain. Indicate the flood plain boundary on the plat. 2. Change the title of the plat from "Final Plat" to "Replat". 3. Remove all building setback lines except for front yard setbacks. 4. Only one Planning and Zoning Commission signature block is needed. Remove the block titled "Approved by City of Colleyville Planning and Zoning". 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 Glade Road. Perimeter street improvements are required for the newly created lot(s) since Glade Road 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 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 P-07-047 REPEAT OF RNERWALK AT COLLE1MtlE 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 aze 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. SIDEWALKSITRAILS. The Colleyville Pathways Plan requires a concrete trail to be constructed along Glade Road where none exist. The trail along Glade Road must be at least 10-feet wide. The trail must be installed when any new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, September 24, 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 Monday, September 17, 2007, in order to make the scheduled hearings. Please contact me at ruthvenr rr,ci.colley~~ille.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 LOYD BRANSOM SURVEYORS INC. CHARLES B. HOOKS 1R. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH, TEXAS 76111 (817) 834-3477 FAX (817) 831-9818 E-MAIL: LBS@SWBELL.NET September 5, 2007 Ron Ruthven, Development Coordinator City of Colleyville Community Development Committee REF.• P-07-047 Replat - Riverwalk at Colleyville Response to Comments dated 8/28/07 1. Added Floodplain 2. Changed Title from "Final Plat" to "Replat" 3. Removed all side and Rear Building Lines. 4. Removed additional block,Titled "Approved by City of Colleyville, Planning & Zoning. Owner has read and acknowledges the perimeter street improvements impact fees, tree preservation and sidewalks/trails requirements. Th you, harles oo LS LOYD BRANSOM SURVEYORS INC. CHARLES 6. HOOKS JR. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH, TEXAS 76111 (817) 834-3477 FAX (817) 831-9818 E-MAIL: LBS@SWBELL.NET September 19, 2007 Ron Ruthven, Development Coordinator City of Colleyville Community Development Committee REF: P-07-047 Replat - Riverwalk at Colleyville Response to Comments dated 9/14/07 & 9/16/07 1. Shaded the Drainage Easement. 2. Removed Reference to 500 year Floodplain. 3. Revised Drainage Easement /Flood note. 4. Changed lot width to 100 feet for Lots 3R1 & 3R2 to meet Code Requirements. Th c you, harles B. o s, LS RECEIVED ~>'r f' # ~ '}~'~i Per ............. p #~ 13~g~ 1~` ;g~T~ a 1 .6"~ ~S ~1~ '~ ~~ ~ ~p ~~ I i I ~ I ~~ ~ ~ i -sue ~ a ~ I 3 fd~ _ "j ~~ I IR I I ~ ~ I ~`" ~ ~ ~I~~~ ~~~~~ I ~ I I ~ ? 1 kl I ~ I I I ~ ~ ~~ I I I i I i ~~ ~ I I W• , I ~ I I I II ,fi 'F j I ~ ~" ~i 'i ~ ,p:~ i ~ I ; .~ ~ A ~~ ~~ I i ~r i ~~ G~~ ~ i I I ~ A~ --- s-~,~ I j ~ I ~~~~z ~ ' ms's ~: »° ~ueo ~ ~aa.N iau •,is- - - - -co.eos•~:•sstir ~ IrYlArwIK drY[ ~~ 1 I ...~..~ e.. ~` T~ m rn ca ~ ~ s ' I ~~ i ~ m '6 -~, ' ~ v I ~ i ~ .. ~ ~ ~ ~ ~ '1 ~ ~ ~Hd ~ ~ N 1 ~y 1 ~ .•r ~ ~ ~ N w ti.~ ~,1~ e ~ ~1 ; 4c •~ , ~ ~ Ili; I lit ~ rl~Rj ~ • ~ ~ ' City ~f Co~~eyvi"e ColleyvileaTexas76034 (817) 503-1000 r~~:,~ Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 09/24/2007 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots 5 and 6, Block 1 of the Thompson Terrace Addition located at 5101-5105 Colleyville Boulevard, Case Z-07-025 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Development Review Committee Memo Applicant's Response Site Plan Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 09/24/2007 Planning and Zoning Commission Title Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots 5 and 6, Block 1 of the Thompson Terrace Addition located at 5101-5105 Colleyville Boulevard, Case Z-07-025 Explanation Christy Shaw submitted a request to change the zoning of 0.3 acres located at 5101 and 5105 Colleyville Boulevard from the CC1-Village Retail zoning district to the PUDC-Planned Unit Development Commercial zoning district for adrive-thru coffee shop. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUDC ordinance for the subject property. The Statement of Planning Objectives describes the nature of the proposed development, includes a development schedule and a statement of development goals. A copy of the Statement of Planning Objectives is attached to this agenda briefing. Platting. The subject property will be required to be replatted upon approval of the rezoning request. The applicant agrees with this requirement. Lot Sizes. The PUDC standards require a minimum lot size of 7,000 square feet with no maximum lot size. Upon a replat of the properties, the property will meet the minimum lot size requirement. City of Colleyville Page 1 Printed on 9/20/2007 Agenda Briefing Continued Site Plan. The applicant has submitted a site plan for consideration by Planning and Zoning Commission. The conceptual site plan shows a 260 square foot building with drive-up service on both sides from two proposed driveway approaches from SH26. The Land Development Code requires a minimum 40 foot front building setback for PUDC zoning. As proposed, the building is setback 25 feet from the property line, which is not in compliance with the Land Development Code. There is an existing six (6) foot masonry wall with a gate on the east side of the property that the applicant intends to leave in place. However, leaving the wall in place results in the building being closer to SH26 and leaves less room for vehicles to queue within the drive-thru lane. According the site plan, the drive-thru window on the east side of the building will be able to queue as many as 6 vehicles within the property, while the opposite drive-through window can queue only 3 vehicles. According to the Land Development Code, three (3) parking spaces are required for this development. The applicant is providing two (2) spaces. If, as proposed below, the applicant adds eight (8) additional outdoor seats at a future date, more parking would be required. The location of future spaces is not shown and, therefore, may affect the percentage of open space when constructed. The applicant states that the existing monument sign shown on the site plan, which advertises the insurance office adjacent to the subject property, will be removed upon construction and there are no plans to add a monument sign for the proposed business. Access. One of the two (2) driveways serving the property from SH26 is a proposed shared driveway with the adjacent property to the south, which will require the approval of a mutual-access easement. Driveway approach and spacing requirements along SH26 are enforced by the Texas Department of Transportation and will require their approval. 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. Drive-through restaurants with no indoor seating are expected to generate 154 trips per day, on average. Additionally, a study performed by the City of Portland, Oregon found that drive-through coffee shops, on average, generate 166 trips per day with the peak traffic generating hour being between 7:00 a.m. and 8:00 a.m. Open Space. The PUDC regulations require a minimum of 20% open space. This development proposes an open space area equal to 40.6% of the total development, exceeding the PUDC development requirement by 20.6%. However, the majority of open space is located behind the building at the back of the property behind the existing wall and gate. The applicant states that this area may be used in the future as a garden area with a fountain that will include a seating area for up to eight (8) people. Nonetheless, as proposed, the open space would not be visible and would be inaccessible to the public. City of Colleyville Page 2 Printed on 9/20/2007 Agenda Briefing Continued Fences, Walls and Screening. Given that the surrounding properties are commercial, no screening is required according to the Land Development Code. The Land Development Code requires the planting of a minimum of one, three inch caliper tree for every 40 feet of street frontage. Exterior Building Elevations. The applicant has submitted exterior building elevation plans. These plans have been included within the draft PUDC ordinance. Sidewalks. The sidewalk along SH26 must be five (5) feet wide. The sidewalk must be installed when any new structures are built on the property. Drainage. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the Colleyville Engineering Department. Construction plans for drainage improvements will be submitted as part of the platting process. Master Plan. The Colleyville Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the future land use plan. Surrounding Properties. The surrounding properties are a mixture of office and retail uses. The property to the north is zoned CC1-Village Retail and is developed as a multi-tenant office retail building. The property to the west is zoned CC1-Village Retail and is developed as a restaurant. The property to the south is zoned CC1-Village Retail and is developed as an office. Properties to the east are zoned CC1-Village Retail and CN-Neighborhood Commercial and include a vacant lot and an office building. Public Notification. Staff notified 19 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 regarding this request. Summary. While the applicant asserts that the property is underutilized and difficult to develop given the expansion plans for SH26, staff has concerns about potential threat to public safety posed by vehicles stopped on SH26 waiting to access the property in addition to the limited number of parking stalls provided given the projected seating, the front yard setback of 25 feet along SH26 (40 feet is required) and the location of the majority of open space being behind the existing masonry wall. Recommendation Denial City of Colleyville Page 3 Printed on 9/20/2007 Location and Zoning Map Notification List OWNE R OWNE NAME OWNER OWNER_ADDR OWNER CITY STATE R ZIP SITUS_ADDR _ Applebee's Of Texas Inc 4551 W 107Th St Ste 100 Shawnee Mission KS 66207 005150 Colleyville Blvd Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 005105 Colleyville Blvd Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 005101 Colleyville Blvd Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 005025 Colleyville Blvd Colleyville, City Of 100 Main St Colleyville TX 76034 005100 Colleyville Blvd Corvette Property Leasing Lp 1908 Stratton Ct Colleyville TX 76034 005017 Colleyville Blvd Freed, Mickey PO Box 130 Colleyville TX 76034 005013 Colleyville Blvd Gibson, Norman C Etux Doris A 113 Timberline St S Colleyville TX 76034 005117 Colleyville Blvd Mitcham, Carl D & Brian C PO Box 983 Colleyville TX 76034 005121 Thompson Terr Pleasant Run Creek Jv 6301 Colleyville Blvd Colleyville TX 76034 005115 Colleyville Blvd Russell, Betty Ruth 5025 Thompson Ter Colleyville TX 76034 005025 Thompson Terr Sides, Joseph D 2911 Compton Rd Nashville TN 37215 005113 Thompson Terr Sides, Joseph D 2911 Compton Rd Nashville TN 37215 000000 Thompson Terr Sides, Joseph D 2911 Compton Rd Nashville TN 37215 005109 Thompson Terr Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005016 Thompson Terr Thompson Terrace Investment Lp 5017 Colleyville Blvd Colleyville TX 76034 005104 Thompson Terr Thompson Terrace Investment Lp 5017 Colleyville Blvd Colleyville TX 76034 005100 Thompson Terr Village Monticello Prtns Ltd 99 Main St Ste 200 Colleyville TX 76034 000013 Main St Christy Shaw, applicant 2722 Hidden Lake Grapevine TX 76051 Request Zoning Change Cl to PUDC Java Joz's Coffee and More Statement Of Objectives We are requesting a zoning change; Java Jo'z Coffee And More wishes to be able to create a new experience to the surrounding city of Colleyville residents for a drive through specialty coffee and wholesome smoothie drinks. A double drive through will provide quick service and high quality drinks for the eazly morning commuter. The objective of our facility is to create a one of a kind specialty drink service in one minute or less. We use only the finest European coffees and have created a healthy line of all natural specialty-blended drinks for the person on the go. We will also be providing free wyfi Internet service to our customers who choose to use the outdoor seating area. This fast and convenient setting is critical to our customer's and the success of the business. We have chosen this particular location for the demographics of the surrounding area and pass by traffic flow and the potential of creating additional charm. This location is currently under utilized, it is an old black top parking area that is not ~~8 anY Purpose at this time. The HWY 26 improvement project proposed by TXDOT has further made it difficult to utilize the remaining parcel due to finther reducing its configuration and s' anon such as a Java Joz utilizes a very small footprint. The building itself is o 260 sq. ft. There are very few options for the current owner to advance the property in a way. We have signed along-term lease and intend to stay and improve the current property. We believe the visual appeal and charm of the location is very important to our customers, and the success of our business. We intend to trim all the current growth around the subject property, retop and stripe the paved area, and create a small cozy outdoor seating area with potted trees, hanging flower planters and awnings/umbrellas. In a firture second phase we hope to add a garden area located behind the currently built brick wall and shrubbery with a fountain encroached by flowering potted vines and herbs. We will design a small cozy seating area to accommodate approximately 8 people. Community Involvement Java Jo'z supports and invests in the community by sponsoring various events such as fundraisers for schools. We intend to support a chosen local charity through a consensus of our employees on a yearly basis by providing people support and monetary support. We will use our business for co-creating awareness of local needs through a newsletter that we will be creating for the advancement of our chosen charity and Java Jo'z. We aze very excited about the pote~ial of having this educated group of customers passing through our business. This opportunity will be utilized. to its maximum potential. Hours of Operation will be the following: Monday- Saturday 5:45 A.M - 5:45 P.M Sunday Closed Development Schedule Upon approval of proposed change and replanting, the anticipated construction start date would be within 45 days with construction being completed in approximately 1 month. Economic Development 260 sales per year sales per sq ft sales per sq ft . Ad Valorem Taxes $234,750.OOAnnually $978.13Annual $81.51 Monthly TAX roes area of the property proposed for zoning: Building Area 260 sq ft 1.s Paved Area 9,540 sq ft 57.8% pen !Landscape area 6,700 sq ft 40.6°k otat Area 9-64 ft 100°k /b~~~ ;: ~ I I I I I I I (I i I 1 J 1 ~ ~~ e~~ ~x~ wN J W W N W d' 3 W O N =~xc v oao ~ a W a 0 3 z 1- a Y P~ . F N l'] 6 O N X O PO W U_ D' W N 1 W J l7 .Z.. N J J 4ZI ^J^ LL', {.~ 0 0 O fA O M U~ N 0 z f~V' wa~eawiw~et ~~ taco er ot~s Atl YAlISA® ARCH PAIEIS- BEYOND 0 tt-t waF~w>.iweno +~~l~[ ~ SB11000 f1R511 tA~t~ ~' ~oraFnow~tcite~et~_ .L teems ~nrtwfr ~ 0 ~ ~~ ~ 108'a1'Ml' S~IW, II~ObgIME ~~~ m ~Y~ PASS-11RMI SERYIL'E ~t ~ 9.N~ ^1RlOM ~ ~ ~ NR~DAr BMI ~ fOfi~K FOAM RAIRt~ CON'i OEOORA181E P~RCEI,ARI 10?-0" YAIt 1RE 1411N 6RDIfF P 1 t F1L fl00R LRE - fllittR ~Y la'-O" APPl00dY]E 6R~ADE ~ ABDME 9Rl'PRM: ~ltN : ~-o- oo~r oa. 1 FRa(V~ END ELEVAiZON eaa8 F1R5li sRAOE ~ ~~ r~ tnao er ooe~~x sa~cco ~ eurr auEn coe~e oa~oe weaow urt wsu. sit sEencE Dove wa ~ ~8 ~ wee 9r-r s~ ~ Faw ~ocdr o~iuis neoow-rne eat Fnw ewoetc Don't oe~ roeca~w ~ r~u. nF w~ ceou~ ~e. Ft;ooe u~ aoNa~t~ I P9d1e1~A110N SY51EY : 3'-0' DEEP MM. REAR END ELEVATION ,~~ ~- ~ v~r ~o Fuoae I~iC!!f ~~ ~~ ~~~ ~~ ~~ n .w r ~~ ~~ ~~ ~~ ~~ w ,_ I I . I ~~ ~ ~~~ ~ ~~ ~, 1 ' ~ ~ ~~ I I W W _~ b ~~ ~~ ' ~~ .~ ` ~_ "' ~~ ~ ~ 3 ~~ ~~ I~ i i ~s i i i ~ " ~ i~ r~ r , __~ 1 I ` I I I 2 I 1 ~ I O I Q I 1 b ~ I ~, ,,.. 1 o ~~ ~~ . CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE August 29, 2007 TO CHiuSTY SHAW EMAIL christyshaw@verizon.net FROM Ron Ruthven, Development Coordinator SUBJECT Z-07-025 CCl to PUDC 5101-5105 Colleyville Blvd. The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide exterior building elevations of the proposed structure. If not available, staff may recommend the proposed structure satisfy the commercial building design score criteria for the CC1-Village Retail zoning district. 2. Show all proposed landscaping on the site plan, including trees, shrubbery, grass, etc. as well as a list of amenities provided within the proposed open space area. Differentiate paved areas from unpaved areas. 3. Will the proposed development utilize the existing concrete wall and gate along the back portion of the property? Staff may recommend improvements to the entire property. 4. Based upon the meeting with staff, change the proposed drive-through alignment to allow for more cars to queue without affecting traffic on SH 26. 5. Across-access easement or shared driveway is required between the subject property and the property to the south. In Your Response Letter, Acknowledge the Following Information: 1. The proposed structure shall comply with current building codes, including but not limited to the following requirements, before a Certificate of Occupancy will be issued for the proposed use: 1. The proposed building will be required to provide a public restroom 2. The sign will require a separate permit. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-025 CC1 To PUDC 3. The proposed use must comply with Tarrant County Public Health Department requirements. 4. The proposed use must comply with state and local handicap accessibility codes. 2. A replat of the subject properties will be required upon approval of the rezoning request. 3. Driveway approaches onto State Highway 26 will require approval from the Texas Department of Transportation. 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 $7,858 for a FAST FOOD RESTAURANT WITH DRIVE-THRU unit. WATER $2491 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. 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 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. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, September 24, 2007, 7:OOp.m. City Council: Tuesday, October 16 and November 6, 2007, 7:30 p.m. 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; PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-07-025 CC1 To PUDC ^ 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, September 14, 2007 in order to make the scheduled hearings. Please contact me at ruthvenr(a~ci.colleyville.tx.us or 817.503.1055 if you have any questions. C: DEVELOPMENT REVIEW COMMITTEE PAGE 3 OF 3 Ron Ruthven, Development Coordinator Subject: Z-07-025 CCl to PUDC 5101-S10S Colleyville Blvd. Resubmittals per your request dated August 29, 2007. E&C Holdings of Grapevine, LLC 2722 Hidden C.eke Grapevine, TX 76051 E&C Holdings ofCnapevine, LLC September 14, 2007 City of Colleyville -Community Development Department Subject: Z-07-02S CC 1 to PUDC 5101- S 105 Colleyville Bivd. Ron, in response to DRC letter dated August 29, 2007. DRC comment 1. Proposed building elevations and floor plan are attached. DRC comment 2. See revised site plan. P&Z Exhibit -Rev. 3 DRC comment 3. We plan on leaving the existing sections of masonry wall, gate, and shrubs along the back portion of the property. This open space will be cleaned of debris, underbrush cleared out, and existing trees trimmed. DRC comment 4. See revised site plan. P&Z Exhibit -Rev. 3. DRC Comment 5. We plan on using a shared drive with the property to the south, same owner on both properties. Site Plan with curb opening information will be sent to TXDOT for inclusion in Hwy. 26 improvement project. Acknowledgement 1. Proposed building shall comply with current building codes. Acknowledgement 1.1. Access to a public restroom will be provided. Key from staff member will be required. Aclmowledgement 1.2. Proposed building includes signage on the building only. A remote sign is not proposed. Existing sign on the property is within the area being taken by the Hwy. 26 improvement project and will be removed. Owner and tenant understand a separate permit will be required if sign is desired in the future. Acknowledgement 1.3. We understand business plans must comply with Tarrant County Public Health Department requirements. Acknowledgement 1.4. Proposed building will comply with all handicap accessibility codes. Acknowledgement 2. When zoning change is approved, a replat of the property will be submitted as required by City of Colleyville. Ackrnowledgement 3. Site Plan with driveway approaches and cx~rb opening information will be sent to 'TXDOT for approval. September 14, 2007 Page 2 Sincerely, Christy Shaw 817-798-0805 christyshaw 1Qverizon.net \~ \ `~\ `~\ `~\ `~ \~\ ~ ~\ .~ '~ T~~ ~\ ~~ ~\ '~. , ~ \ 'c ` ' 's r, ~C i --~ ~ 6 \~ o / .: , CPO ~`~~ ; ' r ~~ ~o.~l AA ~WpNo ' ~ ~~~~ ~ V } rn ^ ~ ~~i~ z ~~~~~~ i a O ~ ~.,, ,, - e ~~ ~ ~ ~ ~ ~ i •ns i I r r e ~ O ~ / w I i l ____________ 'I- 1 .-~~ ~ r r _~---_------ _-~--_-~__-~__--_ ~,. 1 _~ ~' ~~ ^ ' THOMPSON TERRACE --~___~ \ ~ ,~ ~ 1 ~~i 1 g i i r ~ m ' ~~~~ f~ r ~2N ~ m ~ u g~g ~~ ~ ~§ ~' ~ ~~ ~~a aaaa A ~~ ~; z yan ~ ~ D D O ~ ~ ~~-C k ~ ~' ~y ~ ~~~ 3~ ~~~~ Ro ~' N ~ g ~T~`~ ~ ~~~$a A ~5~~ > o x~ J ~ ° ~ ORDINANCE 0-07-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOTS 5 AND 6, BLOCK 1, THOMPSON TERRACE ADDITION, FROM THE CC1 VILLAGE RETAIL 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-07-025; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular 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-X~;XX Page 2 of 5 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lots 5 and 6, Block 1, Thompson Terrace Addition, from the CC1-Village Retail zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for adrive-thru coffee shop. b. This property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with Exhibit "B" labeled at Conceptual Site Plan, which shall not be considered the preliminary plat. b. The development shall be generally consistent with Exhibit "B", however the lot layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. c. The developer shall submit and receive approval from the City of Colleyville a Replat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 3. OPEN SPACE a. This development shall provide a minimum of 40.6% common open space, as shown on Exhibit "6". All open space areas shall be landscaped and maintained by the property owner. b. The distribution of landscaping on the property shall be in accordance with Chapter 4-Landscaping and Buffering in the Land Ordinance 0-07-X;XXX Page 3 of 5 Development Code, unless required otherwise by this Ordinance. 4. SIDEWALKS AND PATHWAYS a. The sidewalk along SH26 must be at least five (5) feet wide. The sidewalk must be installed when any new structures are built on the property. 5. OTHER a. The exterior building design shall be in accordance with Exhibit "C" labeled as Building Elevation 1, 2, 3, 4. b. A cross-access easement, constructed to the specifications described in the Land Development Code, shall be maintained between this property and the adjacent property on the south side of this property situated along SH26. c. There shall be a minimum distance allowed between at least one (1) drive-thru window and the property line such that a minimum of six (6) automobiles of average length may queue completely on the property while waiting to use the drive-through window. d. All signs shall meet the minimum requirements of the Land Development Code. e. All driveway approaches shall require approval by the Texas Department of Transportation prior to construction. 6. PARKING a. This development shall be required to have a minimum of two (2) parking spaces. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. 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. Ordinance 0-07-XXXX Page 4 of 5 Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map NORTH Exhibit B -Conceptual Site Plan ,.;. . .,~ ~ ~~,. . ,\ ` ~. ~ ~-~., ,~ r. ~~.. ._~ ~• ,,, ~. ~`` , ^.~ ~ f i~14,~_ ~`~ ' ~~e ~!, • ,1 , ~r ~Y,~ ? ` l ~1y' `f~ `• f kI ~1..~ ~ ff Q M ~ ~~ ~~ ~ ~. ~ t S I o f ~ . f ~ ~' ~ ~ ~ ~ ~! .. *~ ' ~ ~~ 3 _ ~< ~_-_'- ~.~ ,~,~.~~ ttl(8 dC5ON lY1tR Af,'¢,. . ~ ..~^" . ^°~~ e -° ~ ~ ~ ~~ a ~y ~ r • ~ ~+~'~" t ~S - ta ; ~ ~ v ~` ~ ~ ,~~ i ~ _~ ~~~ . ~`: ; i ,, ~ Exhibit C -Building Elevation 1 Exhibit C -Building Elevation 2 Exhibit C -Building Elevation 3 ~~ ~.~.,~ ~ ~- ~,~- L_ _._._.__J ~~. 3' REAR ENO H.~VATioN. ~ M+'- r-c aov~a oaar. Exhibit C -Building Elevation 4 ~~ ~~ +~.9. .~; ~".~.~.-L ~, ~~~ Y no's'- t ~d-or i~r~eeuh ' ~k~-#F~a1rm .~._ s~ - .` rowa~ok x ~'-a" ae~t w~. Q_FROIYT ENd ELEYATIE3N ~" cwc ~~~ •~ ~ Ci of Colle V~~~e 100 Main Street ~ Colleyville,Texas76034 (817) 503-1000 r-,~~- Agenda Briefing ~W~ileyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 09/24/2007 Agenda No.: 7c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from R40-Single Family Residential to R20-Single Family Residential on 1.5 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey located at 6101 Hunter Lane, Case Z-07-032 Attachments: Location and Zoning Map Notification List Letter of Opposition Petition in Opposition Development Review Committee Memo Applicant's Response Zoning Exhibit Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 09/24/2007 Planning and Zoning Commission Title Approval of a request fora zoning change from R40-Single Family Residential to R20-Single Family Residential on 1.5 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey located at 6101 Hunter Lane, Case Z-07-032 Explanation Dean DeCavitte submitted a request to rezo Hunter Lane. The applicant is requesting to Residential to R20-Single Family Residential. Platting. The subject property consists of one tract that is not platted. The property is currently developed as a single residential lot that contains an existing home. Upon approval of the rezoning request the applicant intends to plat the property into two separate lots. Lot Sizes. The developer has submitted an exhibit illustrating the existing and proposed property boundaries. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100 feet and lot depth of 125 feet. This site contains sufficient area to accommodate the R20 zoning district development standards for two lots. The applicant intends to demolish the existing home and structures on the property upon approval of the plat. ie 1.5 acres of land located on east side of rezone the property from R40-Single Family City of Colleyville Page 1 Printed on 9/20/2007 Agenda Brlefin4 Continued Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. The property to the north is zoned AG-Agricultural and contains a single family home; the property to the south is zoned R40-Single Family Residential and contains a single family home; the properties to the west are zoned R40 and R20-Single Family Residential with existing single family homes, and the properties to the east are zoned AG-Agricultural and R40-Single Family Residential and developed as a single family residence and a church. Public Notification. Staff mailed notices to 17 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received a letter and a petition with 36 signatures from surrounding residents opposed to the request. The total percent of opposition of all properties within 200 feet is 54%. Summary. The proposed zoning request is compliant with the Master Plan. The proposed lots meet the R20 zoning district requirements. Recommendation Approval City of Colleyville Page 2 Printed on 9/20/2007 Location and Zoning Map 6113 6208 6201 ~1 V 61.03 6129 Sit@ 6200 61 15 610D ~n z 61.01 O "' t 1 • 6114 pp R-~~o 6101 6001 5918 6100 5917. 704 604 608 612 $00 804 SHELTON R Notification List ACCOUNT OWNER NAME 07721463 Luxor Real Estate Investment 05878004 Rice, Fred C Etux Mary L 04523032 Willis, Scott A & Mary D 04267486 Young, Bradley A Etux Beverly 04523040 Willis, Scott A & Mary D 06515142 Love, Kevin D Etux Margaret M 07721072 Congregation Beth Israel 04838327 Pine, James W 04424581 Workman, Teri L 00020095 Allen, Jerry E 04267575 Allen, C L 41016475 Huggins, Charles Etux Ann 40350932 Stephens, Billy G Etux Dinah 04989562 Kerlee, Twyla 7903006 Combs, Bob Joe Combs, Bob Joe 04267567 Wilmut, Nadine M Est Subject Property Dean Decavitte, applicant Applicant OWNER ADDR PO Box 11 6103 Hunter Ln 6114 Pleasant Run Rd 6100 Hunter Ln 6114 Pleasant Run Rd 6000 Hunter Ln PO Box 397 5918 Hunter Ln 6001 Hunter Ln 5917 Hunter Ln 704 Shelton Dr 700 Shelton Dr 612 Shelton Dr 800 Shelton Dr 300 Bourland Rd. 300 Bourland Rd. 1119 Old Fort Sugar Hill Rd P.O. Box 723 OWNER CITY Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Keller Keller Old Fort Colleyville OWNER OWNER STATE ZIP 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 76248 TX 76248 NC 28762 TX 76034 SITUS ADDR 6208 Pleasant Run Rd 6103 Hunter Ln 6200 Pleasant Run Rd 6100 Hunter Ln 6114 Pleasant Run Rd 6000 Hunter Ln 6100 Pleasant Run Rd 5918 Hunter Ln 6001 Hunter Ln 5917 Hunter Ln 704 Shelton Dr 700 Shelton Dr 612 Shelton Dr 800 Shelton Dr 6106 Hunter Ln 6104 Hunter Ln 6101 Hunter Ln Letter in Opposition P ~ c70 0~.~+.~ ~dtinvX~- ~f /~,.~: y',/9-07 ,~,., s a.,~,. ,~. ~ .e.;... ~x'S ~a... e~ay~,:~., ~..9 ~A~... ~..na. ,9- .rno.,.9. td c~PD~.ie~. ,~.cp tP, 7o•r ~~aw,~. aR iRak t.:,... t1w. cat 2 Yk ii,., .~-ua...~ tlG. ofew~ ~- ~ eeoto ,.~ d.e ~ taa. ~.~,.W;.~:_, a~.R c y ca.,.~~,2 I~ ~~ ItA~ anva tAo~ ~=, ~- w.~. ~. ii c~ ~ ,.~.~ 2~2 '~ uo -EOM.` i"'" °~ a~ raE.A~e2 it~~ztA~ .4~ tR.:, ,~:a. nab, 9 -rAak u»we~. n uw~. -GA,.~~ -Ra.,..d, .ww.e.4 fie. 8~-: eG m,,. 'tA~; °a,.SW&..~, to t~~ ~~ ~ ~ e,.A..A ~'+~{ ~. 2~..,Q .¢a.8 a.~.~ aR Y~ ~-uo ccx..4 maw t~ ~~~ ~~. ~, ~,.~ ,~_~ ~ ~a ~~.. 8~ as 3 .,~. c~ ee,,,~ ,~~ ~~y Petition in Opposition TO Planning and Zo~i3g Commission FROM : Residents of Hunter Lane and Shelton Drive RE Zoning Case Number Z-07-032 6101 Hunter Lane Attached is a Petition signed by many of the residents of Hunter Lane and Shelton lhive. Signatories to the Petition have raised a couple of other concerns, specifically the problem that already exists with the sewer system. The sewer has on several occasions backed up causing raw sewage to flood the yazds of some houses on Hunter. The addition of more houses along Hunter will most likely compound the already existing problem. ,Another concern is the increase in traffic that will arise. Residents often have a problem getting out of their driveways and the traffic on Shelton has recently increased dramatically by the opening of the new elementary school, and it is already unsafe for the children walking to the school down Shelton and more traffic will make it even less safe. We urge the Planning and Zoning Commission to deny the change of zoning from R40 to R20. PETITION OPPOSING THE REZONING OF 6101 HUNTER LANE FROM R40 TO R20 Zoning Case Number Z-0'i-032 The homeowners of the property surrounding 6101 Hunter Lane would like to express their concerns regarding the proposed zoning change from R40 to R20. The neighbors of this property believe that the proposed R20 Single Family Residential is not in the best interest of the neighborhood or Colleyvilie for the following reasons: Densi - R20 Family Residential would increase the density for this neighborhood now, and potentially open the door for more R20 lots in the future, thus increasing the density further. Loss of Rural Appeal -the streets of Shelton Drive and Hunter Lane, and the surrounding streets have a majority of home site lots over an acre and are zoned R40. Drainage - Sheltonrive and Hunter Lane already have a serious water run off drainage problem, which the City is attempting to address. To add two houses to Hunter Lane would greatly increase the drainage problem that the surrounding properties on Pleasant Run are currently having. We .are urging the Planning and Zoning Commission to consider rejecting this zoning request and allowing the property to remain as R40, consistent with the surrounding lots. Si Name Address Phone Number S-f .2 S 7 y98'=7~ 6 r~-1r~ ~- n ,J ~- / `1 ~ /~ ii ~ ~ti ~t ? ~QS' r .,,~, /-d~il/D to v F.,~ l -J~ ~ 3t~2,c ~ ~a Y i~ ~o~rs' vii W o to 00 ~ r. ,. 9 ~ S'7 nc.~n Sfp 1~, Got L S~¢ l tom. 8c ~tS 3 s o S1, ~ i oN r 8 ~ - - io ~ 0 ~-'' L 6 J ~n ~'s tiE 9/ f~~~T ~ 7 z ~ t / .S ~, ~ - -~ - o ~~ S"o S ~ ~s 17 - gs 3so :2' 3 y S (~ ~~ '8 q, ~n i~ 12 ~3 ~~ ~5 r~ t} i$ F 5- r5 ~~ ZZ 23 ,~ `~ Z(o 2~ ~g :Lq 3~ 31 3v 3 .3s .~4 Si Name Address Phone Number .. .: ,C L~ 7 / 4~4 ,. ,~ f ,r W1op --toc~ I?v ~,1 (,57_x'77 Z Rh vo-~e. 700 .~1,~~ ~i 7 - 6 s ~ - X77 ~k/1 trYE L 0 T Qo l 9 ~ -g z s c~li ~~~ 5~y- ~qo5 • Mom.... N i~ 6 uw E ~ Lu 81 -°l _ ~QS ~9G~ /1~9 /. ~ fit, " D S~hf t°_~T ~ mac. p°i -(o -O 7 ~ 7o Sloe 1 ~ /~ J 2.• R 5.~ 9~~• ~~• 3~ S ~. ~ .s-a-~ 3 ~ ~ g~}-~ ~ /^] ~ .~. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE August 29, 2007 TO DEAN DECAVITTE FAX 817.41.6.0206 FROM Ron Ruthven, Development Coordinator SUBJECT Z-07-032 6101 Hunter Lane - R40 to R20 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. Will the existing structure(s) remain on the proposed Lot 2? If so, provide the R20 zoning setbacks (front, rear and side) in order to determine compliance with the R20 development regulations. 2. Upon approval of the rezoning request, the property must be platted prior to development. Refer to Chapter 8 of the Land Development Code for plat requirements. 3. If the zoning request is approved, the property shall be subject to the general provisions of the R20 zoning district. 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 general information on the fees that could be assessed for this project. The actual fee paid maybe 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-032 6101 HUNTER LANE R40 To R20 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 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. 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 newly created lot. Proposed Lot 1 is exempt from parkland dedication fees as there is an existing house on the property. 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, September 24, 2007, 7:00 p.m. City Council: Tuesday, October 16 and November 6, 2007, 7:30 p.m. Please submit the following to our offices: A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Monday, September 17, 2007, in order to make the scheduled hearings. Please contact me at ruthvenr(~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 Applicant's Response September 5, 2007 TO: Ron Ruthven -Development Coordinator FROM: Dean DeCavitte SUBJECT: Z-07-032 6101 Hunter Lane - R40 to R20 The following is the requested response to the Colleyville DRC letter dated August 29, 2007, regarding the zoning request. 1. All existing structures will be removed from the property. The zoning exhibit indicates existing structures on proposed Lot 1, which will be removed prior to any new construction. 2. The perimeter street improvement fee shall be paid for the newly created Lot 2 as per zoning exhibit. 3. Impact fees shall be paid at the time a building permit is issued for proposed Lot 1 and Lot 2. 4. All tree preservation ordinances shall be followed during construction. 5. Parkland dedication fees shall be paid at the time of approval of the minor plat. Please contact me at or 817.946.0346 if there are any questions or if you need additional information prior to the Planning and Zoning. ~ ~~ ~'~i~~ ~ ~ ~ ~~~~ ~~t*~~ ~~~ ~~~~ a y y~} ~ Y~~F ~ ~ ".."'~ 4 G ~ ~ ~~-Z r m o = }'r~n Y s _-- B~NlSR LIIYl _-- ° -__--~- -- -f - - - 5°OOY11~1 SOf]0 to ~ 102.10 102.10 o ~ NA ~~ d ~'E p~m~ 'O -- m ~ ~ m ,~~ ~ .~_ < ~~ 1 4 ~.,~ y~ ~ r _ o ~~~ ~ . Y ° ~~^ Z P F~^~ ~fi~~~ 4~y N A ~~ a~ ~~ =a °~ ~ ~~a y ~5 ~ ~'~!-! y r~fk 6~ I ~~~ Y. T O N G mkt M ~.t o `~ C o~ ~~ b `~ ~O ~~~ ~~ n~ ~~ ~~ ~ A O ~ /ozlo g ~~~§ ~ ~~ s ~ c ~~' 4. ~ k~ C~ ~~~ ~,:~Q-} t ~~x a ~~~~ F a~. s 4 ~,t~ ~ ~1. , ~• .° 1 ~° 1 ~ °f "~~ s i' ~ ~ .~ ;~ i • ~l ii~ i~ _ i 3~ Xs ORDINANCE 0-07-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.5 ACRES ON TRACT 2F02, ABSTRACT 1692 OF THE JOSEPH WHITE SURVEY, FROM THE R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO R20-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-07-032; 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-~;XXX Page2of3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 1.50 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey from the R40-Single Family Residential zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map and described in the attached 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 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. Ordinance 0-07-~;XXX Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map 6117. 6228 ~ 1 6212 6212 6115 15 &1.13. 6208 6201 AG Site 61.03 6129 6200- 6115 6100 61:01 R -~ Q 6114 R-~~° 6, o, _ goo, 5918 .6100 5917 704 604 ~~ 608, ~ 612 800 J 804 SHELTON R -_ 601 609. 609 701 705 g01 805- EXHIBIT "B"-Legal Description BEING A TRACT QF LAND OUT OF THE JOSEPH WHITE SURVEY, ABSTRACT N0. 1692; TfiRRANT GOUNTY; TEXAS, AND BEING: THE SA~AE TRACT OF LANG AS DESCRIBED IN DEED RECORDED tN VOLUME. 4177, PAGE 236,. DEED RECORa5, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8" IRON PIN FOUND .FOR THE SOUTHEAST CORNER OF TRACT .BEING bE5CRf8ED, SAID POINT BEING TWE SOUTHWEST CORNER OF L07 1, DUNN SUBDMSION, AN ADDfT10N TO THE CCtY OF COLI.EYVILLE, TARRANT COUNTY, TEXAS, TWE NORTHWEST CORNER OF LOT 1. BLOCK 1, CONGREGATION BETH ISRAEL ADDITION, MI ADDITION TO THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, ACCORDING TO PLl4T RECORDED IN CABINET A, SLIDE 6042, PLAT RECORDS, TARRAtiN'T COUNTY,TEXAS, AND LOT t, BLACK t, NADINE ADDITION, AN ADDffiON TO THE CCtI' OF COLLEYVILLE, TARRAM COUNTY. TEXAS. ACCORDING TO PLAT RECORDED IN VOLUME 144, PAGE 5I, PLAT RECt}RDS, 7ARRANT COUNTY. TEXAS; TWENCE NORTH 89 DEGREES 23 MINUTES 00 SECONDS WEST 320:00. FEET ALONG THE NORTW LINE OF SAIQ LOT i , BLOCK t , NADINE ADDITION TO A PK NAIL SET IN TWE EAST LINE' OF HUNTER- LANE FOR THE SOUTWWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 204.20 FEET ALONG THE EAST LINE OF SAID HUNTER LANE TO A PK NAIt. SET .FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 89 DEGREES 23 MINUTES OO SECONDS EAST' 10.60 FEET TO THE SOUTHWEST CORNER OF I,QT i, SLOGK 1, FRED C. RICE 5UBDMSiON, AN ADDITION TO 71iE CITY QF GOU.E`MU.E. TARRANT' COUNTY, TEXAS. AND CONTINUING iN ALL 320.Da FEET ALONG THE SOUTH LINE.. OF SAtb t.OT 1, BLOCK i, FFlED C. RICE- SU6DMSION TO A CAPPED IRON PIN SET IN THE WEST LINE QF LOT 2, SAIR DUNN SIIBDIVtSiON FOR 'THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; 7WENCE SOU'CH 2fJ4.20 FEET ALONG THE WEST LINE OF SNO C1UNN SUBDMSK?N TO THE. POINT OF BEGINNING AND rrONTAlNING 1.50 ACRES OF LAND, MORE OR LESS ~a ~ 100 Main Street " ~ City of Colleyville Colleyville,Texas76034 (817) 503-1000 r~~~~a Agenda Briefing www•colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 09/24/2007 Agenda No.: 8a Final Action: File Name: Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case Z-07-008 Attachments: Location and Zoning Map Notification List Letters in Opposition Letters of Support Statement of Planning Objectives Preliminary Traffic Impact Analysis Development Review Committee Memos Applicant's Response Letter from Mr. Bieberstein Regarding Park Land Small Lot Subdivisions Table Conceptual Site Plan Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 08/27/2007 Planning and Zoning Commission 1 09/12/2007 Planning and Zoning Commission 1 09/24/2007 Planning and Zoning Commission Title Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case Z-07-008 Explanation Update The Planning and Zoning Commission held a workshop for this request on September 12, 2007. The following recommendations were made at the workshop: ^ For Planning Area B, require an average lot size of 5,500 square feet. ^ Permit the use of stormwater detention in the floodplain. ^ Allow phasing of the development over a flue year period. Status: Commission Tabled Items Controlling Body: Planning and Zoning Commission City of Col/eyville Page 1 Printed on 9/20/2007 Agenda Briefing Continued ^ Allow an entrance to the development off of Glade Road. ^ Do not expand the commercial area on the northern portion of the property any larger than what is currently proposed. ^ Allow a maximum residential density of 2.6 dwelling units per acre. ^ Limit the number of lots that have frontage along a cul-de-sac street to the requirements of the Land Development Code. The items mentioned in the following briefing and the draft ordinance have been updated to reflect the recommendations listed above. Buddy Shepherd submitted a request to change the zoning of 108.5 acres, located in the 4900 Block of Heritage Avenue. The applicant is requesting to rezone the property from AG-Agricultural to PUDR-Planned Unit Development Residential. The applicant is seeking a zoning change in order to develop the property for 260 single family residential lots and two commercial lots. The two commercial lots are proposed to allow uses that are allowed in the CN-Neighborhood Commercial, CC1-Village Retail and CC2-Shopping Center zoning districts. Existing Conditions. The property is currently undeveloped and unptatted. Little Bear Creek bisects the property into two sections, one northern, consisting of approximately 50 acres, and one southern, consisting of approximately 28 acres, with the Little Bear Creek floodplain taking up approximately 30 acres of the middle of the property. The eastern portion of the property is bounded by Heritage Avenue, of which the eastern portion of the roadway abuts the border between the City of Colleyville and the City of Euless. Master Thoroughfare Plan. The applicant is requesting an amendment to the Master Thoroughfare Plan in order to remove Heritage Avenue between Glade Road and Cheek Sparger Road. Heritage Avenue is designated as a major collector road on the Master Thoroughfare Plan. As such, it is required to have 80 feet of right-of-way with a total of four lanes upon final improvements. The portion of Heritage Avenue between Glade Road and Cheek Sparger Road is unimproved. Access/Traffic Generation. The concept plan submitted by the developer shows primary access to the development from Glade Road and Heritage Avenue on the north side and Cheek Sparger Road on the south side. The developer is also proposing a street connection with Winewood Place, which would provide connectivity to the Prestwick Park neighborhood. Staff recommends that this connection remain gated with access strictly for emergency access from the Prestwick Park neighborhood. As part of the TIA-, the following conclusions were reached: ^ The background traffic plus the traffic generated by the proposed developments (In the City of Colleyville and the City of Euless) is expected to reach 6,494 vehicles per day on Heritage Avenue near Glade Road by 2012. ^ Heritage Avenue would operate at an acceptable level of service as a two lane undivided collector based on traffic projected to 2012. City of Colleyville Page 2 Printed on 9/20/2007 Agenda Briefing Continued ^ If Heritage Avenue is improved, the thoroughfare could function as an alternate north/south route during flood events and provide an alternate north/south thoroughfare with regional continuity. Based on the conclusions above, the following recommendations for improvements to Heritage Avenue were reached: ^ Heritage Avenue should be improved as a two lane concrete roadway to serve the proposed developments in the City of Colleyville and the City of Euless on either side of the floodplain. ^ The sections of Heritage Avenue located within the floodplain should be improved, repaired and resurfaced to a minimum width of 24 feet and flood gates should be added to the roadway on each end of the floodplain. ^ Heritage Avenue should remain on the Master Thoroughfare Plan as a four lane undivided major collector with 80 feet of right-of-way. With the growth in the area and the regional significance of Heritage Avenue, it is anticipated that Heritage Avenue will warrant a four lane cross-section in the future. ^ A three lane northbound approach on Heritage Avenue be constructed at the intersection of Heritage Avenue and Glade Road to accommodate a dedicated left turn lane, through lane and dedicated right turn lane. The developer of the commercial and residential development within the City of Euless has agreed to construct two lanes of Heritage Avenue from Glade Road extending approximately 1,600 feet to the south. The scope of improvements to the remainder of Heritage Avenue will be determined upon an assessment of the current roadway conditions. Future Land Use Plan. The Future Land Use Plan designates the subject property for future retail and single family residential uses. Approximately 33 acres of land is dedicated for retail use. The portions designated for retail use are 7.6 acres located on the northeastern and 25 acres on the southeastern portions of the property. The remainder of the property (75.5 acres) is dedicated for single family residential uses The applicant proposes two commercial lots totaling approximately 1.6 acres in size. A one acre tract will be located at the southwest corner of Glade Road and Heritage Avenue and 0.6 acres tract located at the northwest corner of Cheek Sparger Road and Heritage Avenue. Therefore, the applicant is requesting an amendment to the Future Land Use Plan in order change the remaining 31.4 acres of future retail on the property to future single family residential uses. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. However, The Master Plan specifically states that the subject property could develop at a higher density of up to 3.5 units per acre given the location characteristics of the property. The proposed development of 260 residential units on this 108.5 acre property will produce a density of 2.4 dwelling units per acre. The applicant, however, proposes a density of 3.0 dwelling units per acre in the attached Statement of Planning Objectives. The recommendation from the workshop is for a maximum residential density of 2.6 dwelling units per acre. The proposed residential density is comparable to other approved small lot PUDR developments within the City. The City of Colleyville Page 3 Printed on 9/20/2007 Agenda Briefing Continued Riverwalk at Colleyville development contains 53 dwelling units on 20 acres for a residential density of 3.2 dwelling units per acre. The Emerald Park development contains 72 dwelling units on 20 acres for a residential density of 3.5 dwelling units per acre. The Rosewood Villas development contains 53 dwelling units on 14.7 acres for a residential density of 3.6 dwelling units per acre. A comparison of small lot subdivisions is attached to this agenda briefing. Commercial Properties. The total acreage for the commercial properties, as proposed by the applicant, is 1.6 acres; one acre to be located at the southwest corner of Glade Road and Heritage Avenue and 0.6 acres to be located at the northwest corner of Cheek Sparger Road and Heritage Avenue. A portion of the commercial property (approximately 1.4 acres) on southern part of the property will be in the City of Euless. The applicant is requesting that the uses allowed on these properties include all uses allowed in the CN-Neighborhood Commercial, CC1-Village Retail and the CC2-Shopping Center zoning districts. Staff recommends that only the sales tax generating uses and professional office uses listed in the aforementioned zoning districts be allowed. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet and lot depth of 120 feet. The developer has provided information for inclusion in the PUDR ordinance regarding lot sizes, lot widths and lot depths. Planning Area "A" will consist of 9,000 square foot single family lots and Planning Area "B" will consist of 5,000 square foot single family lots. The two commercial lots proposed will be subject to the lot setback requirements for the CN-Neighborhood Commercial, CC1-Village Retail and CC2-Shopping Center zoning districts. It should be noted that the conceptual plan submitted by the applicant does not take into account the required 80 feet of right-of-way for Heritage Avenue, which is a major collector street. Therefore, lot configurations and residential densities may change given required changes in right-of-way dedications. The following are the proposed lot size breakdowns within each planning area: Plannin_g Area "A" Minimum Lot Size: Minimum Lot Width: Minimum Lot Depth: Minimum Front Building Line Minimum Side Building Line: Minimum Rear Building Line: Maximum Lot Coverage: Maximum Building Height: 9,000 square feet 70 feet 120 feet 20 feet or 15 feet for front swing garage 5 feet 10 feet 65% 40 feet P/annin_g Area "B" Average Lot Size: Minimum Lot Size: Minimum Lot Width 5,500 square feet 5,000 square feet 50 feet City of Colleyville Page 4 Printed on 9/20/2007 Agenda Briefing Continued Minimum Lot Depth: Minimum Front Building Line: Minimum Side Building Line: Minimum Rear Building Line: Maximum Lot Coverage: Maximum Building Height: 105 feet 20 feet or 15 feet for front swing garage 0, 1 or 9 feet (10 foot min. between buildings) 10 feet 65% 40 feet Open Space. The PUDR regulations require a minimum 20% of the development be reserved for open space for use by the residents of the development. The applicant is currently proposing approximately 37% of open space. The applicant proposes the following open space amenities: picnic tables, benches, playground equipment, concrete and crushed granite walking paths, a gazebo, an arbor, other garden type built elements with a fireplace, fountains, lights, and a dock and pier. Approximately 30% of the property (approximately 60% of the proposed open space) is located within the 100 year floodplain and 15% is located within the floodway. The 100 year floodplain essentially means that there is 1 % chance that the property could flood in any given year and the floodway refers to the part of the floodplain that carries the bulk of the floodwater downstream and is usually the area where water velocities and forces are the greatest during a major flood event. Parkland Dedication. Parks and Recreation Department consultant, Newman, Jackson and Bieberstein, Landscape Architects, was commissioned to examine the feasibility of developing the land within the floodplain as a City park. In his letter to the City, Mr. Von Bieberstein states that "it would be very expensive to develop this land for active recreational uses in that fill and channeling Little Bear Creek would be necessary to reclaim the amount of area needed for maintainability and safe, productive use". In lieu of parkland dedication, parkland dedication fees will be required for newly created lots and will be assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot and the fee for non-residential development is $800 per acre. Sidewalks and Trails. Four (4) foot sidewalks are required to be constructed along all proposed internal streets and five (5) foot sidewalks are required along Glade Road, Cheek Sparger Road and Heritage Avenue. The Colleyville Pathways Plan designates a 1.2 mile long, ten (10) foot wide trail to be constructed as part of this development extending from Glade Road to Cheek Sparger Road through the subject property. The applicant intends to appeal the proposed location of the trail to the Sidewalk and Trail Committee as he proposes to construct the trail along Heritage Avenue. Fences, Walls and Screening. The developer proposes to construct a six (6) foot masonry fence, per the attached exhibit, along the northern and southern boundary of the property where it abuts Glade Road and Cheek Sparger Road. Lots adjacent to open space areas will have wrought fences along the open space boundary. The developer is proposing that a six (6) foot masonry wall be required between commercial and residential uses, which is City of Colleyvil/e Page 5 Printed on 9/20/2007 Agenda Briefing Continued two feet below the Land Development Code requirement of eight (8) feet between residential and commercial uses. Surrounding Development Trends. The surrounding properties are single family residential, commercial and institutional uses. The properties to the north are zoned CC1-Village Retail, R30-Single Family Residential and PUDR-Planned Unit Development Residential zoning districts and are developed as a church, future townhomes and existing retail. Properties to the south are within the City of Bedford and developed as single family residences. The properties to the east are within the City of Euless and are planned to be developed as retail and residential. The properties to the west are zoned PUDR-Planned Unit Development Residential, R20-Single Family Residential, R30-Single Family Residential, RE-Single Family Estate Residential and RD-Two Family Residential district and are developed as single family homes. Tree Preservation. A tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. However, the applicant is requesting a waiver from this requirement. Drainage and Stormwater Runoff. The developer has submitted a drainage analysis of the site, which has been reviewed and accepted by the Colleyville Engineering Department. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting process. Public Notification. Staff mailed notices to 82 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 eight letters of support as well as a petition signed by 32 residents in the Prestwick Park addition. Thirteen letters in opposition have been received. Summary. The proposed zoning change is generally consistent with the Future Land Use Plan and the proposed residential density of 2.6 dwelling units per acre is consistent with the recommendations noted in the Colleyville Plan of up to 3.5 dwelling units per acre. Given the recommendations of the traffic impact analysis, staff does not support the applicant's request to remove Heritage Avenue from the Master Thoroughfare Plan. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 6 Printed on 9/20/2007 Location and Zoning Maa Notification List OWNER NAME Alexander, Scott Etux Becky Ashby, James K Etux Gloria K Barnard, William H Etux Colene Baron, Doug Etux Sharon K Barr, Teny Etux Theresa Bond, Herman Burton, Martha Carlisle, Vinece Etvir Thomas Clegg, Francis L Etux Doris M Cohen, Andrew R Etux Miriam A Corbin, Billy J Etux Marie A Corey, David L Etux Mary B Crump, Edward J Etux Kay M Gauntt, Janine L Gavalak, K A Etux Gladys M Godbey, Neil A Greenway Glade Partners LP Harrington, R G & D Smith Exec Harrington, R G & Dorothy Exec Harrington, Samuel M Harrington, Samuel Mason Hartnett, Stephen P Hohertz, Michael Etux Marie Huber, Emery C Etux Anastasia Hyde, Franklin H & Peggy J Jackson, Paul K Etux Kristine Judkins, Stephen & M R Judkins Kenzie, Natalie A Etvir John W Kyle, Suzanne Lappo, Cynthia L. Lenamon, Pamela Ann Lincoln, Kathleen K Malone, Gary Louis Malone, Susan Fran Maples, Horace F McCluney, C & Amos McCluney McElroy, Richard B & Lynda McKinney, James E Etux Deanna MDC-Heritage Oaks Estates ltd. Meeker, Timothy Etux Tamela Miller, Michael Etux Shannon Nguyen, Manh Cuong Etux Ly Thi Petty, Randy G Etux Carol S Pitts, Wallace J Etux Shari G Platania, Joseph K Etux Lynn M Ramsey, Robert Ray Routen, Rodney C Etux Patricia Saint Mary's Romanian Orth Ch Scheu, Dennis J Etux Cathy Schide, James Etux Sharon OWNER ADDR 3411 Langley Hill Ln 3907 Bowden Hill Ln E 3613 Wexford Ct 3402 Cambridge Ct 3612 Cotswold Ct 4005 Bowden Hill Ln E 4405 Bowman Dr 4306 Chrismac Way 3403 Cambridge Ct 3503 Pembrooke Pkwy S 4205 Lexington Pkwy 4202 Lexington Pkwy 3404 Pembrooke Pkwy S 4105 Lexington Pkwy 4203 Lexington Pkwy 3612 Wexford Ct 3900 Glade Rd. 2800 Heritage Ave 4000 Heritage Ave PO Box 150069 2760 Fuller Wiser Rd 1812 Cindy Ln Ste 100 3411 Bowden Hill Ln. N. 3501 Cambridge Ct 3501 Pembrooke Pkwy S 4204 Lexington Pkwy 4305 Lexington Pkwy 4207N Lexington Pkwy 414 Candy Dr. 3903 Bowden Hill Ln. E. 4318 Pembrooke Pkwy N 4101 Lexington Pkwy 4605 Winewood Ct 4605 Winewood Ct 7313 Silver Sage Dr 4200 Lexington Pkwy 3613 Winewood PI 4303 Lexington Pkwy 545 E. John Carpenter Fwy 3609 Winewood Pt 3609 Wexford Ct 3412 Middleton Way 176 County Road 4680 3612 Amberley Ct 4102 Lexington Pkwy 4100 Lexington Pkwy 3609 Cotswold Ct 3801 Glade Rd 3608 Winewood PI PO Box 697 OWNER CITY Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Euless Colleyville Dallas Euless Bedford Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Converse Colleyville Colleyville Colleyville Colleyville Colleyville Fort Worth Colleyville Colleyville Colleyville Irving Colleyville Colleyville Colleyville Boyd Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville OWNER OWNER STATE ZIP 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 76039 TX 76034 TX 75315 TX 76039 TX 76021 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 78109 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76137 TX 76034 TX 76034 TX 76034 TX 75062 TX 76034 TX 76034 TX 76034 TX 76023 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 SITUS ADDR 003411 Langley Hill Ln 003907 Bowden Hill Ln E 003613 Wexford Ct 003402 Cambridge Ct 003612 Cotswold Ct 004005 Bowden Hill Ln E 003809 Glade Rd 004306 Chrismac Way 003403 Cambridge Ct 003503 Pembrooke Pkwy S 004205 Lexington Pkwy 004202 Lexington Pkwy 003404 Pembrooke Pkwy S 004105 Lexington Pkwy 004203 Lexington Pkwy 003612 Wexford Ct 3900 Glade Road 002800 Heritage Ave 002800 Heritage Ave 000000 Heritage Ave 000000 Glade Rd 004500 Winewood Ct 3411 Bowden Hill Ln. N. 003501 Cambridge Ct 003501 Pembrooke Pkwy S 004204 Lexington Pkwy 004305 Lexington Pkwy 004207 Lexington Pkwy 4007 Bowden Hill Ln. E. 3903 Bowden Hill Ln. E. 004318 Pembrooke Pkwy N 004101 Lexington Pkwy 004605 Winewood Ct 004609 Winewood Ct 003804 Glade Rd 004200 Lexington Pkwy 003613 Winewood PI 004303 Lexington Pkwy 3810 Glade Road 003609 Winewood PI 003609 Wexford Ct 003412 Middleton Way 004900 Heritage Ave 003612 Amberley Ct 004102 Lexington Pkwy 004100 Lexington Pkwy 003609 Cotswold Ct 003801 Glade Rd 003608 Winewood PI 004201 Lexington Pkwy Schmidgall, Jay J Etux Robin 3909 Bowden Hill Ln E Colleyville TX 76034 003909 Bowden Hill Ln E Scott, Lany P & Laurie A Llc 1915 Yorkshire Ct Lincoln NE 68506 003830 Glade Rd Sharp, James W Etux Barbi L 3609 Amberley Ct Colleyville TX 76034 003609 Amberley Ct Shepard, Walter N Etux Cynthia 4003 Bowden Hill Ln E Colleyville TX 76034 004003 Bowden Hill Ln E Shuttle Consulting Limited 3612 Winewood Colleyville TX 76034 003612 Winewood PI Silverman, Donald Etux Joy PO Box 610735 Dallas TX 75261 003411 Middleton Way Smith, Dorothy 1600 Cripple Creek Irving TX 75061 Courtesty Notification Sohn, Taesik Etux Kyu Nam Sohn 3608 Amberley Ct Colleyville TX 76034 003608 Amberley Ct Sp Hartnett Co Ltd 1812 Cindy Ln Ste 100 Bedford TX 76121 003500 Cambridge Ct Stovall, Scott Etux Christi P 3905 Bowden Hill Ln E Colleyville TX 76034 003905 Bowden Hill Ln E Sublett, Chas L Etux Delores C 3608 Wexford Ct Colleyville TX 76034 003608 Wexford Ct Swann, Thomas M Etux Virginia 4313 Pembrooke Pkwy N Colleyville TX 76034 004313 Pembrooke Pkwy N Taylor, Mary Etvir Kenneth Ray 4307 Lexington Pkwy Colleyville TX 76034 004307 Lexington Pkwy Theiss, Edward Etux Patricia 4103 Lexington Pkwy Colleyville TX 76034 004103 Lexington Pkwy Thetford, Jeny Etux Faye PO Box 170067 Irving TX 75017 003711 Glade Rd Torbatian, Ebrahim Etux J 4301 Lexington Pkwy Colleyville TX 76034 004301 Lexington Pkwy Tran, Tam Thi 3613 Amberley Ct Colleyville TX 76034 003613 Amberley Ct Von Storch, Kenneth Etux Debra 5005 Overhill Dr Colleyville TX 76034 004009 Bowden Hill Ln E Watson, Richard A & Stephanie 3410 Bowden Hill Ln N Colleyville TX 76034 003410 Bowden Hill Ln N Wilkinson, Ken Etux Diana 3608 Cotswold Ct Colleyville TX 76034 003608 Cotswold Ct Witt, Robert A Etux Laurie E 4601 Winewood Ct Colleyville TX 76034 004601 Winewood Ct Witt, Robert Etux Laurie 4601 Winewood Ct Colleyville TX 76034 004503 Winewood Ct Wood, Jerry W Etux Maurine 3613 Cotswold Ct Colleyville TX 76034 003613 Cotswold Ct Wright, David R Etux Selda 3407 Pembrooke Pkwy S Colleyville TX 76034 003407 Pembrooke Pkwy S Yu, Chiao-Chin Mark Etux Yuen 3901 Bowden Hill Ln E Colleyville TX 76034 003901 Bowden Hill Ln E Ziegler, David C Etux Blanche 3410 Langley Hill Ln Colleyville TX 76034 003410 Langley Hill Ln Estate of Maritha Burton 4420 W. Vickery Blvd. Fort Worth TX 76107 Courtesty Notification Prestwick Park HOA 4900 Prestwick Drive Colleyville TX 76034 Courtesty Notification Woodland Hills HOA 4106 Oxford Ct. Colleyville TX 76034 Courtesty Notification Woodland Hills HOA 3204 St. Albans Cr. Colleyville TX 76034 Courtesty Notification 3798 Glade Investment Ltd 304 Kent Ct. Southlake TX 76092 Tr 76 & 7B1A; A-1034 Landstat, L.P., applicant P.O. Box 334 Burleson TX 76097 applicant Letters in Opposition August 20, 2007 To: City of Colleyville Planning and Zoning Commision Mr. Jeff Eyerly, Chairman From: John and Natalie Kinzie 207 Lexington Parkway Colleyville, TX Re: Zoning Case Number: Z-07-008 Dear Mr. Byerly and Commission Members, We would like to formally object to the subject zoning change request. The unused land bordering our property was one of the reasons we bought our house in 2005. We believe that developing said property will dramatically lower the value of all the properties on the East side of Lexington Parkway. Additionally, we object to the removal of Heritage Avenue from the Master Thoroughfare Plan. We use this street often between Cheek Sparger and Glade, primarily to get to the shopping center on Glade. Thank you for your consideration `, John Kinzie Natalie Kinzie RECEIVED l Per .............. Community Development Dept. City of Colleyville 100-Main St. Colleyville, TX. 76039 Date : 8 .-Z f 0 7 This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. Signed, ~:-•. ~ K~ ~ ~ ~3 ~ 7 ~~' ~.rl ~ ~ 0~1 ~ ~(~~~ ll~ ~~ o ~4 RECEIVED ~,. Per ............. ,t- Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date : ~j ~`~~ ~4" This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07 -008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: r i• ~~ ~~~ ~'L._~."-~-' ~ ~~ ~ f~ 'tit ~ ~ VI.C ~~1~ Signed, ~..._ r`._..._ ~~~~; ~ ~~ ~ ~t ~S 2~~~ Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date : ~ /?•0 ~a This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: ~i _ Cup 9~ I ~o w.~C-~l ~~~L 1.~~. ~ C~l_.L.E~I Yr `~.~, 7~ Q 3~ Signed, z /_ RECEIVED Per ............. Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's 'Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: ~~ ~~~~ 3°ta s t,oW ~,~~tl L~ Signed, RECEIVED ~ Per ~rr.........• Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date : U:x~c•~- ~ ~/''~` ~ oD ~,u.~ This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: 1~~~[~eeti.J ~21 I~ ~ ~ t~ cro l ~ ~4.(U~ ~-eXr~~ ~ ~~~ ~~(ey ~ < «-e ~x 7C~d ~~ aLeE1vED) i-i j is `t ~+Ji: Par ..........~.'' Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we11 strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: yet 1„0.~~~, o ~ ~ 3~ RECEIVED ~~i.l~ ~ -~ ?~J~l, Per w~.~r~rs~y~ !- /~ Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07 -008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: 3~ L3 C~~%~P~c~./ Signed, ~~~~~~ ~~cEivEDI Per ......~~ Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07 -008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac, in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: ~~~5~- ~s ~i.Vlc~- 2~ ~~ e~ 7lod~ RECEIVED /rE)~1 ~ ~~=11i% :Per r•.v~~•.....o ,. Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this narcel(ie~- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My~name & address isy~.~ // ~~ 1 cxr~~~-,/ ~i~~J RECEIVED Per ............. Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: My n e & address is: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. _~ i O v,' e -~" 7~~~ Sign, •-~•... ~_ ~ ~r -~~~ ~=~ ~~/off •6 e /P-~'~ RECErvEo ~„ .Per ............. Community Development Dept. City of Colleyville 100 Main St. Colleyvil.le, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's 'Notice of Public Hearing' Zoninq Case # Z-07-008. It is my/et~ opinion and demand that ~/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys} from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: ,L~~1iHC2 ~~~ 3Gc~4- LJ i ~wcx~c7. '`'~ Cc~ LL.~e..l y r C4 ~~ 7~ccs 3 [,~, Signed, RECEIVED - :,- Per ............. Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My ~n'~ame & address is /~ /l ~ 7 a Signe ,•. RECEIVED r ( r •:. C~.~ V1 .y I i. ~~ i I Per ............. Letters of Support From: GLMaloneMD Sent: Sunday, April Ol, 2007 7:05 PM To: David Kelly; ayresj@ci.coHeyviile.tx.us; Tom Hart; Rich Hendler; Tony Licata; bollg@wlleyvilie.tx.us; Mike Taylor; Cynthia Singleton; Niwle Seidel Subject: **SPAM ALERT**Proposed Land Use: Put us first! Dear City Councilperson and P&Z Board Member, We are Gary and Susan Malone and our home is located at 4605 Winewood Court and 4609 Winewood Court (double lot). We have lived here since we built our home in 1992. We are writing about our concern for the planned use of the property between our home and neighborhood and Heritage Road to the east. We, with our neighbors, support residential only on this tract. The houses should be in accordance in Colleyville code of at least one half acre. Please note that we were repeatedly reassured that Colleyville would never allow homes less than one-half acre prior to building our house. The current builder's plan has four separate houses adjacent to our home in a high density development in violation of existing code. We strongly support honoring the hard fought greenbelt park from the 1998 P&Z master plan. As you know, this was stricken only due to legal technicalities and the greenbelt/buffer still represents the will of the people of Colleyville. This plan was designed to buffer us from either commercial orhigh-density residential development. As we cannot trust what the developer will actually do, a greenbelt/buffer would protect our interests. This would also satisfy the Park Plan of 2005 showing a hike and bike trail in this tract. Simply putting the hike and bike trail between our neighborhood and this development serves both purposes. We also back up to a large grove of pre-Civil War red oak trees. A greenbelt/buffer would protect most of these trees. A thoughtful chance at preservation occurs only once. The city council and planning and zoning have the task of balancing the interests of all parties. The sellers want to maximize the value of their family's land. The developer wants to flip a large profit for himself. The city wants tax dollars. But please remember, the land only has value and in fact, the city only exists because we believed what the city father's told us and moved here. If we had not come, this land would still be used to graze animals and grow cantaloupes. Put us first! We have lived out our dream in Colleyville. Our home and neighborhood are precious to us. We could have built anywhere, but chose here because of the attitude of the city and the promise our home would be protected. Please help us and our neighbors in this urgent matter. Sincerely, Gary L. Malone, M.D. Susan Malone Apri14, 2007 Mr. Buddy Shepherd Landstat, L.P. These Comments reflect the thoughts of Woodland Hills HOA on the proposed development, CREEKSIDE at COLLEYVII.LE. Woodland Hills is a Residential Subdivision of 473 single family homes that abuts the southern portion of this proposed developmern north of Cheek-Sparger Road.. Let me say to start with, we appreciate being informed of the project in its early stages so we can offer any thoughtsJsuggestions on its development. We, as a group, are in favor of a residential plan as opposed to commercial for this properly that abuts our homes. Ingress and Egress is a concern for those people on the south end of Woodland Hills who try to get orno Cheek Sparger during peak hours in the morning and evening. There will be 123 families trying to do what we now fight to do each day. A similar concern applies to the access to Glade Road, but opening the Gaul-de-sac to Heritage Road minimizes this access problem. Closing Heritage Road to through traffic and making the majority of the length a hike & bike trail is positive. CiI'sNERAL CONIlVIENT: We do not need nor want additional commercial activity at this site, especially if the city of Euless develops the east side of Heritage as their plan shows and which they have started.. Respectfully submitted, ohn Gray, for the W d Hills HOA City Liaison to the HOA O `v`~~C' ~o°~ ~~G~~~ ; P '~ ~ :: Q~~ Date: March 30, 2007 To: City of Colleyville Planning and Zoning Committee From: Prestwick Park Home Owners Association (PPHOA) Re: Z-07-008 Creekside at Colleyville AG to PUD-R We the members of the Prestwick Park Home Owners Association (PPHOA) would like to voice our support for the re-zoning change from Agriculture to Residential for the parcel of land just adjacent to the Prestwick Park and Woodland Dills development between Glade Road and Cheek Sparger. This developmen is to be named the Creekside at Colleyville development. We as an organization believe very strongly that this area of the city should be the "Gateway to Colleyville" fi+om the east. Furthermore, it should be noted, that the neighborhoods around this area should represent the city in a manner that shows our pride in the city and its continued development. Toe Prestwick Park Home Owners Association took these points into discussion and consideration and we would equally like to encourage the board to consider these points as well: Requiring the developer to develop housing lot sizes that border the Prestwick Park subdivision to 1/2 acre lots which are comparable to current Colleyville standards. These standards were adopted by the Prestwick Park development. o Additional lot development within this development could be smaller in other areas of the development at the discretion of the developer. Request that the developer refrain from establishing a vehicular passage between the Prestwick Park development and the Creekside at Colleyville development along Winewood Place o It is ikon of the PPHOA that traffic Sow between the two developments be minimized to ensure privacy for each development and to keep any additional traffic flow from congesting the current neighborhoods. ^ We ask the Planning & Zoning Committee to honor the agreed greenbelt master plan from 1998 adjacend to the Prestwick Park development. This greenbelt concept is consistent with the City's plans as designated in the Trail and Sidewalk System Proposed Plan of 2005. The area immediately adjacent to Prestwick Park is heavily wooded with large oak trees, some of the largest and oldest in Colleyville. A geenbeh in this area would allow many of these tress. to be preserved. The PPHOA is equally concerned about the proposed traffic flow for the Creekside at Colleyville development onto Glade Road at an intersection that is already very congested. We would ask the Planning & Zoning Committee to look carefully at the proposed concept of shutting down a portion of Heritage Boulevard so that if it is to remain open and developed, that the Creekside at Colleyville development traffic flow be changed to be placed out onto O Heritage Boulevard to ease poteirtial traffic flow issues. ~`a~ 001 ~CiG ~a1' ~ '~ ' ~ ~, ~R .~ oe~ o The changing of entrances and exits would encourage traffic flow to the intersections of Heritage Boulevard /Glade Road to the North and Heritage Boulevard /Cheek Sparger to the South on bath ends. o Eventual development of this land will send all school age children to HES, HMS, and CHHS. Because of the close proximity, there will be no bus service offered by the GCISD for these residents. This will also add to the already congested intersection throughout the day. As a unified homeowners association, we feel that it is very important to maintain a high staa~dard of living with sound r+esideirtial communities supporting a great educational system. Furthermore, it is also important that as tax payers, we help to develop and maintain strong economic developme~ for the City of Colleyville. The undersigned members of the PPHOA wish to voice their strong support for this zoning change and to ask the Planning and Zoning Committee to address the concerns stated within this letter. We wish to continue to seethe "Gateway to Colleyville" contimie to develop and prosper. Respectfiilly, PPHOA Members Prestwick Park Homeowners Association Members: Name (Please print) Signature Address (#/Street) Qlu~e~. ~f 1.I1~~i5 1-~, ti ~~~~ ~-~,G~. yq~~ ~rr~~v-~~ ~-,~~~~ C~ac ~ l • ~(6Uok.Q~j ~y"~ o \ L.a~~~tHS- l `a~sZ !~~« ~- C~~~~~ f~,~ah ~,~ ~~Q:~~~~ ~g~ i ,3 ~~~x~P~ ~T tr ~ • 7 -!r ~~v S ~., iti ~.. (~ ••-c ~ ~. _ J ; ~ti„C.~. • , ~ • fJ y6oT ~ ~f6~~ wti, ~ r.,~.,( C ~- Tf~ -~ ~l+t ~t+ ~-- 36 i ~ ~c•Q.l....l ~-- ~ F;-r~ r ~.... ! J ~ U ~~5~'~r ~~ ~. ,v ~ ~ ~ ~ ~~ ~ ~70~ fl R~.~I~ ~ ~ ~~ ~5r~30 Ld ___- , Qrvice ~cka~ l~ 1}c Mot-n S ~ y "7 0 $ ~t e S~-~ ~ cam' ~~~ ~ .w ~~ av~ 1 C _____..... ~,-lL,~ . f ~, Prestwick Park Homeowners Association Members: (continued) Name (Please print) Signature Address (#/Street) c~ ~ l~ ( +11~~q ~ (t t,ka~ ~ ~ ~~ ~' ~`~°~ ~ 1 3~ lz C~'lsv~: LLD ~1~-~u~s ~a~~ ~~~~ -:s ~~~s~~~.~o~~l, +11~~ tT (~l. ~'h ~- ~ .~'~ L( ~~ ~r ~ e I~', ~e~ ~ ~36o G~ c~ ~~~ ~~~~ s ~ 3 a ~~~~ ~ ~ ~ ~ ~~~ ~. W ~~ /]-,/yI 'yam(//~~ 1 ~11 I I //~~((~~ I ` V I ~ ~ +I `~J~~ 11 ~~ ~J ~~~777 ~~ /l Cw~j` ~~~j~'V/ / i ~ / r r- ~ x ~i~ Cl/ ~,~ 3~ os ~~'2zc~,~ ~ C From: Rod Routen ~/~ Sent: Thursday, August 23, 2007 10:31 AM To: Wilkesct2@comcast.net Subject: Fw: Zoning Case Z-07-008 RE: Zoning Case #Z-07-008 (4900 Heritage Ave.) To be heard Monday, August 27 We are homeowners in Prestwick Park, Colleyville and wish you to know that we support the above request, which we feel would be the best use of the property in question. The removal of Heritage Ave. from Glade to Cheek- Sparger is an important part of this plan. Sincerely, Rod and Pat Routen 3609 Cotswold Ct. Colleyville, Texas (817) 540-4729 Yage 1 0~ t Amy Shelley From: H. Daniel Fawcett Sent: Sunday, August 26, 2007 7:45 PM To: Amy Shelley Cc: Subject: Z-07-008 My wife and I are unable to attend the Planning and Zoning Commission: August 27~' 2000 @ 7:30 pm but we wish to go on record as being in favor of the amendment to the Master Thoroughfare Plan to remove Heritage Avenue from Glade Road to Cheek Sparger Road. H. Daniel Fawcett & Maria A. Fawcett 3303 Cambridge Court Colleyville, TX. 76034 8/27!2007 rage i of i Amy Shelley From: Maria Fawcett Sent: Sunday, August 26, 2007 7:52 PM To: 'H. Daniel Fawcett ;Amy Shelley Subject: RE: Z-07-008 Ditto, Maria Fawcett From: H. Daniel Fawcett- Sent: Sunday, August 26, 2007 7:45 PM To: shelleya@ci.wlleyville.tx.us Cc: magfaw@tx.n-.com Subject: Z-07-008 My wife and I are unable to attend the Planning and Zoning Commission: August 27m 2000 @ 7:30 pm but we wish to go on record as being in favor of the amendment to the Master Thoroughfare Plan to remove Heritage Avenue from Glade Road to Cheek Sparger Road. H. Daniel Fawcett & Maria A. Fawcett 3303 Cambridge Court Colleyvilie, TX. 76034 8/27/2007 From: dennis Sent: Thursday, August 23, 2007 4: To: duffydc@sboglobai.net; 7eff.byerly@comcast.net; redfearn@bigfoot.com; Phelps- david@swbell.net; Wilkesct2@oomcast.net; mary@thetaylormadeteam.com; larryknox@earthlink.net; vaollinc@d.colleyville.tx.us; hartt@d.coileyville.tx.us Subject: Zoning Case # Z-07-008 Good Afternoon, I am writing to you in regards to the re-zoning request that will come before the board next Monday, 8-28, the changing at 4900 Heritage Road from AG- Agriculturai to PUDR -Planned Unit Development Residential. Additionally the request includes an amendment to the Master Plan to remove Heritage Ave from Glade to Cheek-Sparger. If we were presented with correct information from the City of Colleyville, the City of Euless and the developer of the above listed property, it is very apparent that there are no benefits to our city to spend the money to improve this section of Heritage Road. Our city can not afford to spend upwards of $4 million dollars to make that road better for the benefit of Euless and future Euless residents and commercial customers. Euless Development Details and impact on traffic: i. Glade Parks development will be mixed use, east of Heritage, bounded by 121, Heritage Ave and Cheek-Sparger 2. The development will include: 128,000 sq ft Home Depot 446,000 sq ft of retail 83,000 sq ft of high turnover sit down restaurant 50,000 sq ft of office space 5,000 sq of drive-in bank, gas station with eight fueling stations 832 multi-family dwelling units (apartments) 321 town homes 3. Traffic on Heritage road is expected increase substantially as a result of this new development. City of Colleyville traffic study estimates that by 2012 there will be as many as 10,OOQ trips a day on the road, with 81% of the traffic comin4 from Euless. Currently the City of Colleyville has earmarked $4 million of taxpayer money to upgrade the road. I would suggest that if the main benefitiary of an improved road are the future residences and commercial businesses of Euless, lets remove Heritage Road from our master plan, let the Colleyville land developer use that property as a bufl`er. And if the developer of the Euless property feels the need to have a road between Glade & Cheek-Sparger, they can pay for road on their property and bear the costs. Lets not let Euless out-flank us again! Dennis Scheu 817 540-5827 RECEIVED AUG 2 4 20fI, Per ............. ragc i vi ~ Amy Shelley From: Franklin Hyde Sent: Tuesday, August 28, 2007 1:05 PM To: Amy Shelley Cc: ' Subject: Zoning case number:Z-O7-008 To: Planning and Zoning Commission, My wife and I attended last nights meeting. We have the following comments and recommendations: Leave Heritage Street as is. It is in very poor condition and because of that it receives very little traffic and is a deterrent to any heavy truck use. It does however allow resident's of the Woodland Hill development a route when the Martin Street bridge is closed to flooding. This happens at least four times a year and in the last 14 years we have only seen Heritage closed once. The developers used scare numbers showing that over 8,000 cars per day from Euless will use the road when the Euless mixed housing/commercial development is completed and is based on dubious data. We feel that the new four lane road that will bisect the new Euless development will be used instead of the poorly maintained Heritage. Our property has a 75 foot frontage along the proposed development and we request that the developer be required to have a 30 foot setback. The commission should pressure the developer to lower the density. It will be costly for the developer to bring the land to a state where homes can be built, and as he wants to maximize his profit he wants as many lots as possible. The commission has the responsibility to maintain a community that is looked upon as one that is a first class residential area. The sign of a good negotiator is one that maximizes the benefits of the side he is representing and you as a commission have that responsibility. We feel that the statement by Mr. John Gray who was the representative from the Woodland Hills Homeowners Association was a bit overdone. In addition his property doesn't border on the proposed development. There are over 400 homes in the association and only 26 have property that borders the proposed development. We are one of them and a representative from the WHHS never contacted us to find out how we feel about the development. So we would say that he represents all the members who are not directly effected by the development. In conclusion we approve the building of the development if you, leave Heritage as is, have a 30 foot setback along where it borders Woodland Hills and Prestwick and negotiate a lower density that presently the developer is proposing. Franklin & Peggy Hyde 3501 Pembrooke Pkwy S Colleyvitle, Texas 76034 8/28/2007 Page 1 of 1 Amy Shelley From: Len & Doris Clegg Sent: Wednesday, September 05, 2007 3:07 PM To: Amy Shelley Subject: Fwd: Zoning case Z-07-008 Len & Doris Clegg- wrote: Date: Wed, 5 Sep 2007 13:04:27 -0700 DT From: Len & Doris Clegg Subject: Zoning case Z-07- To: shelleya~a,ci.collevville.tx.us Shelley, we Francis L and Doris M Clegg at 3403 Cambridge Court Woodland Hills in Colleyville support the recommendations from the Board of Directors from the Woodland Hills sub-division regarding the above zoning case. We are within the 200 feet of the requested changes. We will be out of town for the workshop. Sincerely Francis L and Doris M Clegg 817 545 6933 9/5/2007 GRI~EKSIDI~ AT GOLLI~YVILLE Colleyville, Texas Statement of Planning Objectives The subject of this zoning request is a f108 acre tract of land, located between Glade Road and Cheek Sparger Road on the west side of Heritage Avenue, in the City of Colleyville, Texas. The property is currently undeveloped and is predominately zoned as "AG". The adjacent land uses on the west side of the property are single family residential units, while the land use on the north side vary between single family residential, public buildings and commercial retail. The land to the east and to the south are in the City of Euless and are planned for mixed use and commercial. With this property being located primarily in a single family residential area with some retail land use and also being in close proximity to State Highway 121, this property would best serve as single family residential, with some higher density residential and commercial retail land uses in order to transition to future mixed use planned to the east. This zoning request proposes to change the AG zoning to a Residential Planned Unit Development (PUDR) with some Retail Commercial use at the intersection of Glade and Heritage. The future layout of the lots, road and open spaces have all been carefully placed around the large sections of trees and existing pond on the northern portion of the property, as well as the floodplain that passes through the middle section of the property. As a result, a significant portion of the property will be left undisturbed. Due to the floodplain that passes directly through the center of the property, the layout will be divided into two sections, the North and South sections. The North section's primary access will be a divided street section intersecting Glade Road, with a secondary access point to the adjacent residential to the west. The South section's primary access will be two residential streets connecting directly to Cheek Sparger Road. The overall layout and orientation of the development has been designed with the intent to minimize impact on the existing natural land, while also creating a desirable residential community that will be an appropriate use and a compliment to the City's overall composition and adjacent uses. Development Schedule Creekside at Colleyville is intended to be developed in three phases with anticipated construction to commence in early 2008. The second and third phases to generally follow a three (3) year build-out program with an anticipated final completion in 2011. C&B 024213010.PD01 Creekside at Colleyville Page 1 of 5 Rev. 08/23/07 Economic Development Information Creekside at Colleyville will have approximately 260 homes with an average estimated value of $450,000, resulting in an addition of $117,000,000. At the 2006 City of Colleyville published tax rate of 0.347400 per $100 valuation, the revenue generated for the City is approximately $4.1 million, in addition to Sales Revenue generated by the Retail Tract at the northeast corner. C&B 024213010.PD01 Creekside at Colleyville Page 2 of 5 Rev. 08/23/07 Planned Unit Development Requirements Section 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. The purpose of this PURR is for 260 single-family detached lots, constructed at a maximum density of 3.0 dwelling units per acre. b. A maximum of 260 dwelling units shall be allowed within this PURR and no more than one dwelling unit shall be allowed per each platted lot. c. 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 Zoning District layout and arrangement of lots of the subdivision shall be generally consistent with the Zoning Exhibit, labeled as Exhibit "B", which shall not be considered the preliminary plat. The actual lot arrangement and Zoning District layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. b. The Developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PURR. 3. Permitted Uses a. Single-family detached-homes with no more than one dwelling unit allowed per each platted lot. b. Retail commercial uses allowed in the City of Colleyville Zoning Ordinance under CN -Neighborhood Commercial, CC 1 -Village Retail District, and CC2 -Shopping Center District. c. Open space. C&B 024213010.PD01 Creekside at Colleyville Page 3 of 5 Rev. 08/23/07 4. Lot Requirements and Setbacks a. Single-family residential lot (Planning Area "A") requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Zoning Exhibit shall control where such building line setback is different from the following requirements: 1) Minimum Lot Size 2) Minimum Lot Width 3) Minimum Lot Depth 4) Minimum Front Building Line 5) Minimum Side Building Line 6) Minimum Rear Building Line 7) Maximum Lot Coverage 8) Maximum Height 9,000 square feet 70 feet 120 feet 20 feet or 15 feet for Front Swing Garage 5 feet 10 feet 65% 40 feet b. Single-family detached Patio residential lot (Planning Area "B") requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Zoning Exhibit, shall control where such building line setback is different from the following requirements: 1) Minimum Lot Size 2) Minimum Lot Width 3) Minimum Lot Depth 4) Front Building Line 5) Side Building Line 6) Rear Building Line 7) Side Building Line-Corner Lots 8) Maximum Lot Coverage 9) Maximum Height 5,000 square feet 50 feet 105 feet 20 feet or 15 feet for Front Facing Swing Garage Zero, or 1 and 9 feet (Minimum Building Separation of 10 feet) 10 feet 10 feet 65% 40 feet c. Commercial Retail requirements and setbacks shall comply with Standard City of Colleyville requirements for under CN - Neighborhood Commercial, CC 1 -Village Retail District, and CC2 - Shopping Center District Zoning Categories. C&B 024213010.PD01 Creekside at Coileyville Page 4 of 5 Rev. 08/23/07 5. Open Space a. This development shall provide not less than twenty (20%) percent common open space, which shall generally be configured as shown on the Zoning Exhibit. b. Open space areas may be utilized for stormwater detention, retention, or FEMA 100-year floodplain. 6. Screening a. A six (6) feet in height, masonry wall shall extend along the northern boundary line and a portion of the southern boundary line (where adjacent to Glade Road and Cheek-Sparger Road, as shown on the Zoning Exhibit. b. All lots adjacent to open space, shall have an iron fence, or approved equal. c. A six (6) feet in height, masonry wall shall be required between retail commercial uses and single family uses. 7. Other a. No roof mounted air conditioning mechanical equipment shall be allowed on the single-family attached dwelling units. b. No carports shall be allowed on the single-family attached dwelling units. c. Stormwater detention will be provided as necessary on this development. C&B 024213010.PD01 Creekside at Colleyville Page 5 of 5 Rev. 08/23/07 CarteraBurgess TECHNICAL MEMO DATE: January 22, 2007 TO: Mr. Chris Fuller Development Coordinator with the City of Colleyville FROM: Jason Knesek, P.E. SUBJECT: Preliminary Traffic Impact Analysis -Creekside at Colleyville Mr. Fuller: Carter & Burgess, Inc. was hired by the Landstat, L.P. to perform a preliminary traffic impact analysis for the proposed Creekside at Colleyville in Colleyville, Texas as part of the requirements for a zoning change submittal. The analysis will estimate the projected traffic that will be generated by the development on the roadways adjacent to the development. This technical memorandum summarizes the findings of the analysis. Development The proposed Creekside at Colleyville is located on the west side of the existing Heritage Avenue between Glade Road and Cheek Spazger Road in the City of Colleyville, Texas. Heritage Avenue acts as the boundary between the City of Colleyville on the west and the City of Euless on the east. The proposed Creekside at Colleyville is divided into a northern section and southern section by the 100 year floodplain. The primary access point for the northern section of the proposed Creekside at Colleyville is Glade Road with a secondary point of access through the adjacent residential development to the west. The northern section of the development is proposed to consist of 115 single family housing units, 31 townhouse units, and 1.2 acres of retail development. The southern portion of the proposed Creekside at Colleyville is accessed via two points on Cheek Sparger Road. The southern section of the development is proposed to consist of 115 single family housing units, 50 townhouse units, and 1.6 acres of retail development. RECEIVED Page 1 of 3 7 Per ....---•~l Tra c Anal Trip generation rates for the 24-hour weekday, Weekday AM Peak, Weekday PM Peak, Saturday Peak hour, and Sunday Peak hour were obtained from the ITE Trip Generation (7`~' edition) manual for the types proposed in the Creekside at Colleyville. Based on engineering judgment, it is projected that 75% of the traffic generated by the proposed development will originate in or be destined for areas to the east of the proposed development while 25% of the traffic will originate in or be destined for azeas to the west of the proposed development. Based on the size of the proposed development, the trip generation rates, and the projected trip distribution, Table 1 summarizes the projected traffic that will be generated by the proposed Creekside at Colleyville on the roadways adjacent to the development. Figure 1 depicts the projected traffic movements generated by the development at the Glade Road and Cheek Spazger Road access points. Table 1. Traffic Generated by the Proposed Creekside at Colleyville. Time Period Weekday Weekday Weekday Saturday Sunday Location 24-Hour AM Peak PM Peak Peak Peak EB Glade - 244 8 28 27 21 West of Development WB Glade - 244, 21 20 23 20 West of Development EB Cheek Spazger - 286 10 32 31 24 West of Development WB Cheek Spazger - 286 23 23 28 23 West of Development Page 2 of 3 Conclusions The traffic analysis indicates the following: • The proposed Creekside at Colleyville is projected to generate less than 500 bi- directional vehicles during a typical weekday on the portions of Glade Road located west of the development. • The proposed Creekside at Colleyville is projected to generate less than 50 bi- directional vehicles during the peak hours of operation on the portions of Glade Road located west of the development. • The traffic generated by Creekside at Colleyville is not projected to warrant a traffic signal installation, aright-turn acceleration lane, nor aright-turn deceleration lane at the Glade Road access point. • Dependent on the existing traffic volume on Glade Road, alert-turn deceleration lane may be warranted at the Glade Road access point. • The proposed Creekside at Colleyville is projected to generate less than 600 bi- directional vehicles during a typical weekday on the portions of Cheek Sparger Road located west of the development. The proposed Creekside at Colleyville is projected to generate less than 60 bi-directional vehicles during the peak hours of operation on the portions of Cheek Sparger Road located west of the development. • The traffic generated by Creekside at Colleyville is not projected to warrant aright- turn acceleration lane at the Cheek Spazger Road access point. • Dependent on the existing traffic volume on Cheek Spazger Road, a traffic signal installation or a left-turn deceleration lane may be warranted at the Cheek Spazger Road access point. • Based on the minimum requirements for auxiliary lanes established by TxDOT, the traffic projected by Creekside at Colleyville appears to warrant aright-turn deceleration lane at the Cheek Spazger access point. Page 3 of 3 N N Z Q 0 W J C~ i 1 .-. V' CO v N N ~O a ._. N ~` ~O ~ ~N N 00 N .... 0 N N T N ~ ~ o Z w -~ ~55 j o ~ ~ Q~ ~ ~ o ~ ~ ~ T ~ ~ Q 0 (W V ii Q w U O~ D~ N O~ ~O a J O O U ~ N Q W _~ ~ ~~ W ~ N N ~ '_' ~ `"" N U M (`7 N t~ N O ,__. N M 0 t% ~o ~W ~~ ~~ ~U m S~ B ~~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE February 23, 2007 TO Buddy Shepherd FAX 254.687.2083 FROM Chris Fuller, Community Development Director SUBJECT Z-07-008 Creekside at Colleyville AG to PUD-R The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your rezoning application for a Planned Unit Development -Residential request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Upon zoning approval, the property will require approval of preliminary and final plats by both the Planning and Zoning Commission and the City Council. Allow a minimum of 45 to 60 days to complete the platting process for each plat. The platting regulations are contained in Chapters 8 and 9 of the Land Development Code. 2. Development requirements not specifically cited by the applicant shall be required to meet the PUD-R zoning regulations and development standards as stated within the Land Development Code. Note that unless otherwise proposed by the applicant, all subdivision standards, including any public facility improvements, and zoning regulations stated within the Land Development are applicable to this project. 3. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance that may contain suggested conditions applicable to this type of development. 4. The applicant has indicated a desire for the rezoning request to be scheduled for consideration on a future Planning and Zoning Commission agenda, at which time the applicant will request the Commission table the item in order to reconvene within a workshop forum. Provide a letter indicating these intentions. 5. The Master Plan designates portions of this area as future retail use. Provide justification as to why the Master Plan should be modified for residential use. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEIMLLE AG TO PUD-R 6. Provide a separate letter requesting to amend the Master Plan. Within the letter, provide a description of the areas to be re-designated from retail uses to residential uses. 7. Is an exhibit depicting the lot and street layout available for review? The Statement of Planning Objectives references the future layout of lots, roads and open spaces. A Planned Unit Development application may be submitted and approved without a Site Plan, if the approving ordinance contains sufficient written detail to establish all site criteria. 8. If a lot layout is not available, staff may recommend the following language be included in the ordinance: In approving the preliminary and final plat the approving body shall exercise complete discretion over roadway design, lot size, lot shape, building lines, setback lines, open space, and all other aspects of the plat; provided, the approving body shall not approve anything inconsistent with the other conditions of the ordinance. 9. When does the developer propose to improve Heritage Avenue to the four (4) lane roadway as proposed on the Master Thoroughfare Plan? 10. Provide justification if Heritage Avenue is not proposed to be constructed per the Master Thoroughfare Plan. 11. Provide a letter to amend the Master Thoroughfare Plan if Heritage Avenue is not proposed to be constructed in accordance with the Master Thoroughfare Plan. 12. Will the alignment of Heritage Avenue be similar to the existing alignment? 13. The Traffic Impact Analysis (TIA) is not in accordance with the ITE Trip Generation Manual. The values provided are significantly less than expected for the proposed land uses. An average rate of 9.57 trips and 5.86 trips should be used for single family residential and town homes, respectively. Contact Chad Bartee, City Engineer, 817.503.1095, for more information. 14. Expand the TIA to include the current improvements being constructed along Glade Road. Contact Chad Bartee, City Engineer, 817.503.1095, for more information. 15. Provide TIA calculations based upon the construction of Heritage Avenue as it is proposed on theMaster Thoroughfare Plan. Contact Chad Bartee, City Engineer, 817.503.1095, for more information. 16. An approved Letter of Map Revision (CONK) will be required for the land that is to be reclaimed from the designated floodplain. Contact Chad Bartee, City Engineer, 817.503.1095, for more information. PAGE 2 OF 5 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEYVILLE AG TO PUD-R 17. The Heritage Creek Flood Study will need to be revised to reflect the new development. Contact Chad Bartee, City Engineer, 817.503.1095, for more information. 18. Provide a list of specific retail uses to be permitted within the areas zoned for retail uses. 19. Provide exterior elevation drawings of the proposed town home dwelling units. If exterior elevation drawings are not available, staff may recommend minimum design standards regarding building materials and roof articulation for inclusion in the proposed zoning ordinance. 20. Staffmay recommend an alley(s) to service the town home units. 21. Staff may recommend a maximum number of town home units with front facing garage entries. 22. Will on-street parking be provided within the development for guests and visitors to the townhomes? If so, provide the approximate number of parking stalls to be provided or a ratio of parking stalls to town home dwelling units. 23. The town homes will need a NFPA 13 R fire protection system requiring separate permit and plan review. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 24. The town homes will require a NFPA 72 fire alarm system requiring a separate pernut and plan review. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 25. Indicate if any portions of the development will be agated-private street development. Chapter 10 of the Colleyville Land Development Code contains the requirements for gated-private street developments, which require specific entrance gate standards, minimum number of lots, and certain HOA provisions regarding the maintenance of common areas, including streets and drainage facilities. The application fee for a gated development subdivision is $750.00, which shall be paid at time of plat submittal. 26. Provide an illustration depicting the proposed perimeter fencing. 27. The Colleyville Pathways Plan requires a ten foot wide trail route extending from Glade Road to Cheek Sparger Road. A twenty foot wide trail right-of-way or easement is required to accommodate the trail. The trail will be a developer requirement and be constructed with all other public improvements prior to the issuance of building permits. 28. A five foot wide sidewalk will be constructed as part of the improvements along Glade Road. The developer will be required to repair and/or replace the sidewalk if it is damaged during construction. PAGE 3 OF 5 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEIMLLE AG TO PUD-R 29. Four (4) foot wide sidewalks are required along public street frontages within the development and installed when any new structures are built on the properties. 30. The zoning exhibit shows approximately 16 acres of open space within the northern portion of the development. Will additional open space be utilized within the development? 31. The area located midway between Glade Road and Cheek Sparger Road is primarily floodplain/floodway. Will any of this area be designated as open space? The zoning exhibit shows the entire area designated as single family residential uses. 32. The maximum amount of common open space used for storm water detention or retention purposes shall not exceed twenty-five (25%) of the common open space area. If the open space area contains a retention pond, the pond shall include at least one (1) aeration device, such as a fountain, waterfall or underwater device. 33. Provide justification for the proposed lot sizes. The PURR zoning district requires a minimum lot size of 13,000 square feet, with an average lot size of 16,000 square feet. 34. Provide a list of amenities that will be located within the common open spaces. All amenities shall be constructed and maintained by the HOA. 35. Staff may recommend that the limits of all phases of development be shown on the zoning exhibit. Each phase shall be numbered to represent the sequential development phases anticipated. Any deviation from the approved development sequence shall require approval from the City Council. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. Details are contained in Chapter 13 of the Land Development Code. Please note that a revised impact fee schedule as adopted by City Council. The new rates will go into effect for building permits issued on or after April 1, 2007. ROADWAY $2,187 per dwelling unit for single family residential uses for new lot WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. The following impact fee schedule is applicable for building permits issued on or before March 31, 2007. ROADWAY $1,589 per dwelling unit for SINGLE FAMII,Y RESIDENTIAL uses for new lot. PAGE 4 OF 5 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEIMLLE AG TO PUD-R WATER $2,666 fora 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $200 fora 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. 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 lot. TREE PRESERVATION. Trees not located within the right-of--way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. RESUBMITTAL REQUIREMENTS Please submit the following to our offices: ^ A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. ^ Exhibits and documents as requested. The above requested items must be submitted and reviewed in order to determine a public hearing schedule. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1052 or fullerc cr,ci.colleyville.tx.us if you have any questions. m C: DEVELOPMENT REVIEW COMMITTEE PAGE 5 OF 5 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE August 8, 2007 To Buddy Shepherd FAx 254.687.2083 FROM Chris Fuller, Community Development Director SUBJECT Z-07-008 Creekside at Colleyville AG to PUD-R The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your rezoning application for a Planned Unit Development -Residential request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Upon development and platting of the proposed site, right-of--way will be required to be dedicated for the following streets: a. Glade Road requires a total width of 95 feet. The development will be responsible for the dedication of 47.5 feet from the centerline of the existing roadway if there is not currently a 47.5 foot of right of way. b. Cheek Sparger Road requires a total width of 80 feet. Since Cheek Sparger Road is a city limit boundary the development will be responsible for the dedication of any right of way necessary to obtain a total of 80 feet. c. Heritage Avenue requires a total width of 80 feet. Since Heritage Avenue is a city limit boundary the development will be responsible for the dedication of any right of way necessary to obtain a total of 80 feet. 2. In accordance with the Heritage Avenue Traffic Impact Analysis by Freese and Nichols, Inc. staff makes the following recommendation: The main entry point to the north portion of the development should be located on Heritage Avenue to utilize the existing signalized intersection. 3. Construction of the two-lane roadway within the Heritage Avenue right-of--way will be by the developer of the adjacent property (City of Euless). 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEIMI.LE AG TO PUD-R 4. The City of Colleyville will consider levying a street assessment for portions of Heritage Avenue not being constructed by the developer of the adjacent property (City of Euless). 5. Contact Monica Walsh, Director of Parks and Recreation, 817.503.1182, to schedule your proposal to dedicate potential park land to the City. Section 11.S.C.6 of Chapter 11, Park Land Dedication, of the Land Development Code states: a. Land Dedications i. Parks and Recreation Advisory Board Recommendation: The Parks and Recreation Manager or their designee shall report to the Parks and Recreation Advisory Board regarding any park land dedication issues arising from development applications submitted to the City for approval. The Parks and Recreation Advisory Board may then make a formal recommendation to the Planning and Zoning Commission to accept or refuse any proposed dedicated land prior to the Commission's action on the development. ii. Planning and Zoning Commission: The Planning and Zoning Commission shall consider the recommendation of the Parks and Recreation Advisory Board in detemuning the acceptability of any land dedications proposed on any development. The Commission recommendation shall then be forwarded to the City Council for final approval where applicable. iii. Final Plat Dedications: Where review or development applications have resulted in the City's desire for land dedication, such land dedication shall be shown on a final plat and shall contain a clear fee simple dedication of that land to the City. 4. The Colleyville Pathways Plan designates a 1.2-miles long, 10-foot wide trail on the property. This trail will help provide a buffer between the residential area to the west and the commercial areas to the east. The proposed trail route will extend from Glade Road to Cheek Sparger Road. The Trail must be constructed as part of the public improvements to the property. PAGE 2 OF 4 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEYVILLE AG TO PUD-R _N 2 IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. Details are contained in Chapter 13 of the Land Development Code. ROADWAY $2,187 per dwelling unit for single family residential uses for new lot. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. 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 lot. The fee for nonresidential development is $800 per acre. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, August 27, 2007, 7:00 p.m. PAGE30F4 DEVELOPMENT REVIEW COMMITTEE Z-07-008 CREEKSIDE AT COLLEYVILLE AG TO PUD-R City Council: To Be Deternuned by Planning and Zoning Commission Recommendation RESUBMITTAL REQUIREMENTS Please submit the following to our offices: ^ A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. ^ Exhibits and documents as requested. Please contact me at 817-503-1052 or fullercna~,ci.collewille.tic.us if you have any questions. C: DEVELOPMENT REVIEW COMMITTEE PAGE 4 OF 4 Applicant's Response Landstat, L.P. P. O. Box 264 Itasca, Texas ?6055 March 1, 2007 Mr. Chris Fuller Community Development Director 1tE: Z-07-008 Creekside at Colleyville Dear Mr. Fuller, In response to the DRC comments, dated 2-23-07, I offer the following: Comment No. 1 I consider this to be an informational comment and will comply. Comment No. 2 I consider this to be an informational comment and will comply. Comment No. 3 I respectfully request to review the staff report and any proposed ordinance before the public hearing date. Comment No. 4 See attached letter request Comment No. 5 The existing retail development, adjacent to this proposed development, to the East and within the City of Euless negates the retail potential for this tract Should the Euless tract develop, in general conformance with the concept plan being processed by that city currently, this tract will become a "fifth tier" retail location. Further, the referenced concept plan depicts attached and townhouse use along the Western boundary adjacent to East boundary of Creekside at Colleyville. (See attached concept plan.) Comment No. 6 See attached letter and exhibit Com~ne,~~~Io-7 A "Typical Plan" has been submitted with this zoning request, however I feel it will need to be modified slightly as Final Topo, drainage and improvement design is completed for the platting process, I do not feel that attaching the "Typical Plan" to the zoning ordinance is necessary or appropriate. Comment No. 8 I would expect the written detail of the approving ordinance to contain sufficient written detail to establish the platting requirements and therefore negating the need to include this statement comment No. 9 There is no proposal to improve Heritage Ave. but rather to remove it in its entiretq from the Master Thoroughfare Plan. Comment No. 10 I feel a expenditure of approximately $4,250,000.00 by the City of Colleyville and the developer to move traffic generated by retail and high density residential uses within the City of Euless, serves no purpose. Converting a portion of the Heritage Ave. RO.W. to a hike & bike trail serves the residents of Colleyville better at hardly any cost The elimination of Heritage Ave. also makes Creekside at Colleyville more exclusive and fitting with the Colleyville tradition. Comment No. 11 See attached letter. comment No. 12 I proposed a hike & bike trail along the present alignment of Heritage Ave. Comment No. 13 Carter & Burgess will re-submit. Comment No. 14 Carter & Burgess will re-submit Comment No. 15 Carter & Burgess will re-submit. Comment No. 16 I do not know if any land will be proposed to be reclaimed from the designated flood plain. As final engineering is completed and it is determined a LOMR is required, same will be provided. Comment NoS 17 Upon completion of final engineering, the information will be available for that revision. Csomment No. 18 All uses permitted in the CCl-village retail district. Comment No. 19 There are no exterior elevations at this tune. Staff may impose design standards if necessary and appropriate. Comment No. 20 Staff may impose a requirement for alleys or allow a specified number of townhouse units with front facing garages if necessary and appropriate. Comment NQ. 21 Staff may impose a requirement for alleys or allow a specified number of townhouse units with front facing garages if necessary and appropriate. Comment No. 22 Parking will be provided in accordance with ordinances or codes of the City of Colleyville or recommendations by the staff or commission. Comment No. 23 I will comply with all ordinances for fire protection & alarm systems. Comment No. 24 I will comply with all ordinances for fire protection 8c alarm systems. Comment No. 25 No portion of development is proposed to be gated-private. Comment No ?~.6 See attached pictures and or illustrations. ~ommgnt No. 2~ I proposed to comply with this requirement within a portion of the now existing Heritage Ave. RO.W. Comment No. 28 I will comply with comment Comment No. 29 I will comply with comment Comment No, 30 Additional open space will be provided. A determination of that amount is not available until final engineering is completed at the time of platting. Comment No. 31 Some portion will be used as open space, that area cannot be determined until final engineering is completed. Comment No. 32 As noted, the intention of the open space is not to allow for more than 25% of the total common open space area for storm water detention, but there shall be no restriction on 100 year floodplain or floodway, FEMA or otherwise, located within the proposed open space area. If there is a discrepancy between 100 year floodplain and ' areas defined as storm water detention then a waiver to the " 25% rule" is hereby requested. Comment Np. 33 I believe the lot sizes shown aze justified by the transitional nature of this development located between existing lower density residential on the West and intense commercial and attached residential at high density to the East. Comment No. 34 The following items are proposed for the common open space: Picnic tables, benches, trash receptacles, playground equipment, wallung trails, both concrete and crushed granite, gazebo, arbor, and other garden type built elements with fireplace for informal gatherings, fountains, architectural style lights for gathering areas and pathways, and dock/pier for fishing, duck feeding and looking at the lake. Comment No. 35 It is my belief that "Limits of Phasing" is a function of final engineering and market conditions at the time of projected construction. Any preconceived opinion of these conditions, at a future date, would be speculative and subject to change on an ongoing basis. Should you have any questions concerning my responses to the DRC comments, please do not hesitate to contact me. Sincerely, e~%~~- P -. bfy., '.. ~:::,,. , I '. ~' ~ r~: n' ,~~s xr .~ '~ ~ ~ ~ m ~ x~ :n ~~ ,~~t,: ~ ..;} ~ d c } }~ ~ ~~_ ~; ;, =., z , ~; ~; ` v.~-. ~~ s y~i'" rr,` _ r~~~R~r ~.,.w f ~ 2 UIEf[ lulCflf aan t ~ - --- ' 4 f )~ ~ t~ p 3 ~I r ~ T s ! ~' t j •~ t ?i~ ~~$ ~~;~~h~ ~~ ~b~ ~g< <. a s ~m ~~ .~ m~ ,~° a o ,s"~~~e~ ~a bb~b~ O~~c'+p °~~~~~ Vx irQ p~ n ~~°'¢ ~ A `s°•g s ' '' Y iI -~ , 1 ,. 1/ i ~~~8 :I l i l l l i l l ~~i~ -1~ ~ GLADE PARKS ., - : -.~~~ ~ ~ i I III 'I I j ~ ~ ~~'~*: j~ ~ ~.. LAND PLAN s ~; i I 1 I I ! ; 1 *•: al ~~ ~:~~ li ~ w ~ LANDSCAPE LAYOUT ?f~~ ~ :~'~ ~` t~,~ tit ;`~ •'.=i r~~ ~~P {7 i ,~~ i ~_ z~ ~ ~k e! N Landstat, L.P. P.U. Box 264 Itasca, Texas 76055 March 1, 2007 City of Colleyville Mr. Chris Fuller Community Development Director RE: Creekside at Colleyville Z-07-008 Dear Mr. Fuller, I am hereby formally requesting to amend the master thoroughfare plan to delete Heritage Ave. ftom its existing termination South of Glade Rd. to Cheek Spatger Rd. This request is made in response to Comment No. 11 by the Development Review Committee. Thank you for your time devoted to this matter, your consideration is verq much appreciated. Landstat, L.P. P.O. Box 264 Itasca, Texas ?6055 March 1, 2007 City of Colleyville Mr. Chris Fuller Community Development Director RE: Creekside at Colleyville Z-07-008 Dear Mr. Fuller, In accordance with our previous conservation and Comment No. 4 by the development review committee, I hereby formally request, if deemed necessary and appropriate, that the above referenced zoning case be tabled following the public hearing. A work session may be required regarding the many issues brought forth by this proposed development, before acting. Discussions with the commission and staff may be better served in a smaller and specific public forum not limited by time constraints. Thank you for you time devoted to this matter and your consideration is very much appreciated. Landstat, W.J. Shepherd, Landstat, L.P. P.O. Box 264 Itasca, Texas 76055 March 1, 2007 City of Colleyville Mr. Chris Fuller Community Development Director RE: Creekside at Colleyville z-o7-oog Dear Mr. Fuller, In accordance with Comment No. 6 of the Development Review Committee I hereby request the Future Land Use Plan be amended in conjunction with the above referenced zoning request. I have attached Exhibit 1 showing the existing conditions and Exhibit 2 showing the proposed amendment. Thank you for your time devoted to this matter, your consideration is very much appreciated. Landstat, W.J. Shepherd, l , ^` :, _--; ~~' ;_ ~, ~ ' r t ~~~.- / i •! i~ ' ~ ~ 1 ~ 1 ~~~ 1 ~ ~~ ~ r ,_ i ~ ~_s f i ~ ~ t f t, i' _.-j ._ ~ ; _._-+i ~ ~ --t-i ` ~ .~ n I EXHIBIT 1 EXISTING FUTURE LAND USE PLAN ' ' 1 ~ ~ ! i _ ~ f. i ~ ~ i i s ~ J ~ 1 '~'~-~--.L.._i_J ,;. i' IJ /~ e • ~~~ • r _ ~ ___ ~ ~ s ~ 1 f I ~, ,1 ~ ~ i o r~ ~~ ,~.o . -- , ~ : ~ . , d ~. ,; . ~. -~--~ .~ ~~ . , I ~ r. . a a .o ~ ~ ..,, .G ~ ~ p t ~ a ,!, --~-r-~---~ ~--i.~ ~... __ _ _ - _ _ - - - - - ~ ._._...-~--- _~ a7 r ~ 4 ~ .~ /~ a i --~-~--i.~- • s ,... • 0 T-r-~-~- ~ -rte ~ ° ;' t •~ i i ' /' ~ `4 . _ I.......J ~ .'ta +. n EXHIBIT 2 FUTURE LAND USE PLAN AS AM]NIENDED f ~'1~ LA.NDSTAT, L.P. VICTORIA SHEPHERD P. O. Box 334 Burleson, Texas 76097 Home: (254) 687-25180 Face (254) 687-2083 Cell: (254) 707-2267 August 16, 2007 Mr. Chris Fuller Community Development Director City of Colleyville, Texas RE: Z-o7-o08 Creekside at Colleyville * VIA HAND DELIVERY RECEIVED AUG Y 6 ?3~r Pt~r ..,.........~, Dear Mr. Fuller, In response to the DRC comments, dated &8-07, I offer the following: Comment No. is My records indicate the City of Colleyville acquired the R.O.W. for Glade Road on 3/22/06 (recorded 3/24/06) from the Burton Estate, however the plane prepared by Freese and Nichols, sheet 55, shows 47.5 feet for the North half of the R.O.W. but only 47.0 feet for the South hal£ I do not object to the dedication of an additional 6 inches of R.O.W. at the time of platting. (documents attached) S~mment No. ib My records indicate the City limits of Colleyville and Bedford to be approximately 5 feet South of the centerline of the existing pavement of Cheek Spazger Road, Sihrerwood Addition to the City of Bedford depicts a 90 foot dedication (65ft. for South half of Cheek Spazger Road plus 25ft. for Greenbelt, utility and pedestrian use), see attached plat. Likewise, the Hamagtoa Estate dedicated to the public, for roadway utilities, a strip of land of varying width (50 to 60 feet), for the North half of Cheek Spazger Road. This was accomplished by dedication Deed dated 7/18/84 and recorded in VoL 8025 Pg. 760 DRTCT. I do not object to the comment requiring a total of 80 feet for Cheek Spazger road in that public records indicate 120 ft. for roadway purposes has existed since 2001. Dedication Deed dated 7/18/84 attached. Comment No. lc I object to the comment. Heritage Ave. is currently a R.O.W. easement granted to Tarrant County and fee simple ownership of the land is vested with the original grantors of the easement dated 12/21/27 and recorded in book 2, pg. 125 of the Tarrant County Commissioner's Court clerk records. Further, the cost to develop the road to its ultimate section is in excess of $4.5 Million dollars. This expenditure would be made mostly (80.9%) to help accommodate Glade parks, in the City of Euless, the proposed development will consist of 446, 938 sq. frt. of retail, a 128,607 sq. ft. Home Depot, 83,700 sq. h of high turnover sit-down restaurants, 50,400 sq. ft. of office space, 5000 sq. ft. of drive-in bank, a gas station with eight fueling stations, 832 multi-family dwelling units, and 321 town homes. I consider this requirement to be an unjust burden on the City of Colleyville, the Colleyville tax payer and developers of Colleyville property adjacent to Euless City limits, without return on invested dollars. Maintenance cost of Heritage Ave. would be solely that of the City of Colleyville forever. Considering all projected traffic Flows generated by the development of vacant property along Heritage Ave. the total roadway capacity required is 10,266 Vpd. The roadway capacity of an undivided two lane collector is 10,500 Vpd. (see Heritage Ave. traffic impact analysis prepared for the City of Colleyvill~ by Freese and Nichols, Inc., dated June 5, 2007). I ask that this comment be reconsidered and a more suitable resolution to the Heritage Ave. status be reached. ~~mment No. 2 I object to the comment. The Freese and Nichols TIA states that minimising access to Glade Road will help the roadway maintain capacity. The report does not speci5cally address Glade Road and the ability to function as a aewly constructed two lane roadway. Three connections have been approved to Glade Road recently and I believe alternatives are available to accommodate my proposed connection. Comment No. 3 I consider this to be .an informational comment but have no knowledge of any written agreement obligating his performance. Comment No. 4 I object to the comment. Informational comment contained hereia states a roadway impact fee is also required. Comment No. 5 I have contacted the Director of Parks and Recreation on four previous occasions and while she has expressed a desire for the park fee in lieu of a public pazk, she also states the ultimate authority for Park Land is the Planning and Zoning Commission. I propose the park land be private aad used as common open space for the development. Comment No. 6 I have no objection to the comment. I do however object to the location shown on the map enclosed. I will be requesting to meet with the Sidewalk and Trail Committee to discuss a more appropriate location that is more Topo and Water Feature sensitive. Imtiact Fees: I consider this to be an informational comment. P ra Ida ~ Dedication Fees: I consider this to be an informational comment. Tree Surve,X Requirement: I request a waiver of this comment in that a more suitable alternative may be available for consideration as the process proceeds. Should you have any questions concerniuug my responses to the DRC comments, please do not hesitate to contact me. Sincerely, Landstat, L.P. W. j. Sh herd, J .~ ~f ~ ~Il ~`~ DSD2CAx.IO~ 7!8< OF TF+XAB f ,~Q-~!~. OOIi31'!t Op TAtNA~ 8 , ~~~ 3 ~IZ(~4 I, TUNA 81~IR SRAM. 0~ Cha a8ta~ of Wit $t HAi. and b'di~~ ~~ of tfie eatat~a of ~, ~. ~ aa~d Robert L Mueller +~ ~ . of G~+ Qot of Fhxt Wcsrat~ Texas guas+dian o~ the eaters of VBBA GII.~. ~ ~ti'Y dedl~ Co the use of the pabllc tfiiR Eo1LarJ~g described t~G og laude Seixg a tract or parcel. of land situated il~ fire J. DOB3 SQ~VSY~ dl~441~ . x1B9~4. and being a cribada~ load ba saga paxti~~ilesa.Y de4' DEG to 3krodpa~ic IBtre ~ berg W 89. 56' S a dia- txece of 19.29 Ls+o~a tdae gos~tlt~asat owme~c of a 9.8~s ate treat ~ l~pd as nerazded ca Peat 82 of tblaams 3152 ist the Tatraat Deed Facozds; ' 8 89• She W a diatame of b94.x9 feeet bo t~ 1Q0~ ooesC c~on>e~r of acid 9.84 act t~raot arsd boi~tba ~t r ~ 70f91 a~t~h2a ~t~nt~- Deed ~v ~ ba~8 in ~ ci~eatc-9pexg~er Fi~dc N 88. OS' 4S' W a diatsaoe of y1+8.65 faatr ~ a* o~' w 4 diatarue ~ aa,o S 89° 56' S a dier~aoa of 6bT.b8 fesfi~tD the bar ~ o£ a annre.ta tle• ri.~t a rac~tis of iDB8.63 ~~e hears a Q• 04' $~ a djatanca of 3Q58.63 foeC= apgle 9o~f * ~~ g po ~f~ ~d bcaix~ 3a aai~i'4bodpett~c Iaass T8 S 1. 4b' 8 a dittanas o£ SQ.66 few !!4 the FS~ ct wag 1.228 ~ ~,~ ~ feat a~a ! i Yb be used by ttae pie as a pub~lie mad ar hi+: and pe 5a~ie dedicate to tba use of tfia pdbli+e Vti].iq ooh P'8 ~° do the a~a. due syatnt too inetell, ~~ ra~.sas~ grad rsroo~+ Chair p~rlid ~.~ ~. ~ ~ tE~ Dedicati~m~ each of 0110 ~ t+e<md aleOY~R is acting urn and is e~li~oe ~ ~ order aotaxud b7 th Pxcbata ~r &y. 1 of ~~ ~~~ ~ ix= pmoceading~p rela~ng to the ast;atea of its sae her 1xp:d: ~A B$[3S 8PA&~t ~ the estate oS WIL.LIl~t DI , ~1. No. 8;331 an the Oaatet's dorm. 8;~• !~1 ~ C1sa estate o£ 88YA3' ~e ~ • 14a. ,k-8330 on tl~ ~7rna~'a doa]cet~ sad 8~C Og C0 ~ ttia eatato of ~A ,1E'i1 Ga3af~C, tAka. 9038 00 ~ aoeaeC's dosser. tiozs, i; j '/; ~1`j ~E EIVED AUG 1 6 ?On7 Per . ....r~.,~ ,,. v ,~$ C~tf1J~3 t>~ ..,,IB_~ D~ u~1v .r ----~ 7984. Estate of i1 l~+ T eh w~~ on c fhs EstatO of ~~ ~• BAi~ ~' p 0 J ~~ ~ SrA18 OI+ 1 wu~c a~ s ~ • 'mie is~t Baas acted bade ma on thsa ~ daY ~.;,~~ :: .. ;. • •,. 1984 ~ ,~„atidian o~ q,e aerate of ~ : _ •. ' :f a. ~r \ ' ~~rrw ~.Gri ~ d ~~/~p~~ ~ __,_,f~ ~ •. 1984. as ~ of tlu estat. a! , , ~- ..' ~ s .' ~d 9Y $AAUEt. lQA5Q11 11ARRIlB;TQN~ iNpIVIDIIALLY. o ''• ~ ~ t ~~;,; .,~~ ~ C H~ U01ary fllb~6 ~ al,Oa ~a c ~ .t ar ti iaw -ia' .E"i~'" M tea. t. a~ r~. aosr.~ e~ ~s~ _~. v Tarrant county Texas ~~~~ Electronically Recorded Official Publk Records 2006 Mar 24 01:02 PM D206085729 r.rrv nF r.OLLEYVit 2a.oo /~~ ~~~ F-~WAY~Ir: Acs iNC ~ ~Ci THE STATE OF TEXAS Suzanne Henderson KNOW ALL MEN BY 7NESE PRESENTS: COUNTY OF TARRANT /Ind. Sroectit~o~ ~of the Estate of= Maritha Burton, deceased That I, Biti Vliarr+en. herelnafber termed Gn~ntor; whether one or more. o!f the County ofi Tarrant. Static of Texas, for and in conskleration of the sum of 557,827.00 and other good and valuable conaideretion to Greritor in hand paid.tiy the City of Coileyville, a Munidpa! Corporation - -~of~Terrant County, Texas. hanelnafter termed Qrantiee. the receipt and suifidency of whid~ is hereby acknowledged and-cot~Eessed, have GRANTED, SOLD AND CCMIVEYED_end do by these presents GRANT, SELL AND~CONVEY unto sak! Granfiee,.whose mailing address is 100 Main Street, CoNeyville, .Texas 76g34,~ttra foito~wing: - - ~ - PERMANENT RIGHT-AF~IiVAY . Ap of the ttad or Pam of land ~ in the doamnent at~dted hereto as Exhibit'A' acid also Shawn On the.document attached hecebv as Exhibit'B", which is made.part her+ecf as if laity copied herein, as a permanent stn~et right of-way. TO NAVE AND TO HOLD, the above descnbed premises, for the Purpose set forth, together with ail and sinsular the rights and privileges thereunto and anywise belonging unto the said Grantee, its successors and asstgrrs, and grantor hereby binds htmsefE and his hefts, e~oec~bore end administrators tc warrant end defend the rights and tip to said premises unbc the said Gt~etrrbee against every person whomsoever IawFuily delrntng or to dakn the same or any part thereof. EXECUTED this the~~ OS _ day of J! ~ ..,., 2Q ~O ~~ -'L LJar^- GR/IMTOR Ppa ~ ar 4, v.~+nan+nt 11oAn- aootrnr* - - GRANTOR RECEIVED f~rn ~ G;~i oE;(~lv~le, f~~~ ~y pUG 14, , Per ,..... . ACKNOWLFDOMENT STATE OF TEXAS COUNTY OF Tarrarrt BEFORE ME, the underaigned auttarity, in end for said County. Texas, an this day personally appeared Yytl0am M. Warren, independent Executor af.the Estate of Maritt+a Burton, dacessed, known to me m be the personts) whose name(s) islare subscribed to the #oregotng Instrument and acknowledged to me that he executed the same for the purposes end consideration therein expressed. - GIVEN UNDER MY HAND AND SEAL OF OFfiCE, on March 22, 2006. NOTARY PU C, STATE OF TEXAS PRINTED NAME OF NOTARY- MY COMMISSION EXPIRES: MARY ~. WIl,K(NSON * ~ ~° 8TATE OF T(:XAS (NOTARY SEAU la Ceram. 6w. 04/xOJO~ .. 87CgIHIT "A" L~OATi DS3CRxPTIOW $Lp~NSNT SIGiBT-OF-WAY BEINGI 4,983 square feet of land located in Che C. COX 30RVEY,,.Abeeract No. 352, Colleyvillg, Tas~ratit County, Texas, and being a portion of the Tract of land conveyed to Martha Burton by the deed recorded in Volume x.5336, Page 130 of the Deed Records of Tarrant .County, Texas. Said 4,983 square feet .of Land being mare particularly described by metes and bounds, as follows: BEGYNNING at the most Northerly Northeast corner of said Burton Tract, be3,ng the intersect3oa of the North end of the West .corner. clip for the West right-of-way line of Heritatge Avenue, .with the existing South right-of-way line of Glade Road; THENCE 9 28° 43' 22" $ 12_.56 feet, along the Northeast boundary line of ssaid Burton Tract, and the, aforesaid comer clip for the West right-oE-way lime of Heritage Avenue at G1ads.Road, to a l/2" iroa rod set, in the new South right;of-way line of said Glade Road; - - THENCE along the new South right-of-way line of said Glade Road, as follows: - 1. N 76° 58' 41" W 97.70 feet, to a 1/2p iron rod set, at the beginning of a curve Co the left; - 2, NORTHWEST$RLY 186.89.. feet, along said- curve .to the left having a radius of 907.93 feet, a central angle of ].1° 47' 38", and a chord bearing N 82° 52' 29" W ].86.5 feet,. to a 1/2" iron rod set, at the_end of said curve; 3. N 88° 46' 19w W 268.33 feet, to a 1/2" iron rod set, in the West boundary line of said Burton ~'ract; THENCE N 00° 15' DO" S 6.37 feet, along the West boundary 1in® of said 8urtoa Tract, to a point $t the Northwest corner of said Burton Tract, lying in the existing South right-of-way line of aforesaid Olada Road; THENCB along the North boundary line of said Burton Tract, and the existing South right-of-way:line of said alaag~Road, ae follows: 1. ~T .89~ 33' 11" B 127.08 feed, Ito a point aC the-beginning of . a curve to the right; 2. sOUTHBAAT$RLY 232.70 feet, along•eaid curve to the right having a.~radius of 1965.00 feet,.® central angle of 06° 47' OS', and.a chord be aring $ 87° D3* 15" 8 232.56 feet, to a point at the end of said curve, and the beginning of another curve to-the right 3, 30UTHEAATBRLY 143.98 feet, along .said curve t o the. right having a radius of 1109.00 feet ,' a central angle of 07° 26~ 20w, and a chord bearing~9 79° 56',32" S 143.88 feet, to a point at_ the end of said. curve; 4. S 76° 11' 45M 8 41.69 feet, to THS P7~ACB OF BEGINNING, containing 4,983 square feet of land. FNGLADS ROW NQ. 10 . ~ EXSI$IT ~B" PER]~ANENT RIGHT-4F-1~'AY BRITTAIN ~ C~,1RF'ORD ~ suav~HC e~ toPOC~wt~c wwPwc (air) ~.-~oQ~~ - ~o.~.~t,: F~ ~. ~,» rb-~u~ 0A• YW[ U314 • ]i0S S01?1M fRF~1W1Y f1pRi.Md111L 1Ex~ f6lt0 . E71A/s ~{oMM1A~-fl'AO(-CRAMM'OR0.00~ ti Ut.IA BD~Ctt - ~ VOLUNE ~A7~ Pa1pE 53~ _ ~ . G.R,T.iQ.T. ~ lMUA~ .4,j ' ~ fJ4~NC' T~ DE 366t ~ ~ ~ ' w ~a~Mt ~ O = 06'47'08" . ~'' L~ ~ ~ ~ R = 1965.00' ~ ~ = 07.26'20," ~ vauMC ++a. a~ae soy L z 232.70 R ~ 1109.00 p,R.T.~T. t ~ ~ S 87'03' 15"£ ~ :.. L = 143.98' 1 ~ ~ 232.56' l.:C. = S 79'58'32"E / Q . 143.88' ,~ ~~~ - oasnntc ~r ~ - ~ ---~----. marr'+ ~ GLAQ~' POfNT OF ~ H 89_331.1 E ~~/~Q. ~cr~uu~ur: '~ N 88'48'19"W 268.3 t~o u~r N 0 i S'00"E - PEX4AI~NY ~ = 6.37' oEO~-~a+ 4.s83 S _.1 _ 5" ~" 4' ~~" ~ tco' c~ t, _ LC -- /- ~ tA00 bt~1RT1~111 Sl1RTON t~. ~ VOI.Ul~E 15330. PAGE _ 130 ppp ~ ~.R:T.G.Y. N 78'58'4 f "W 11'47'38" ~' ""~`~ - 97.70' 807.93' y~'~` 186.89' ~ 1 .- N 82'52'29"W ~~ . 1.86:58' ,~ ~ s+aa~a. t~ou»~ rna ~ ~~ wi.T.cx. - 1: SVRIIEYEO ON T1# GROUND. JUNE 13. 2003 .~~, flF,,t ., / ,.... CHRtS ~L ~.81.1V1N' G ........... No.srsx S 5 76' f 3'22"E 42.75' ?.8'43'22"E i 2.56' ^ l : ,: Newmaa, Jackson, Bieberstcin Lansiscape Arc~tectnre Bonner Place North 12770 Coit Road, Suite 210, Dallas, Texas 75251 te1:972.233.2033 fax: 972.233.2022 VIA FACSIMII~E & MAIL July 19, 2007 Ms. Monica Walsh, Director Parks and Recreation Department City of Colleyville 5109 Bransford Ave. Colleyville TX 76034 RE: Potential Park Land -City of Colleyville Monica: Regarding the tract adjacent to Heritage Avenue that the City of Colleyville has been offered for parkland, I would only recommend accepting this donation if the land were to remain as unaltered floodplain with little or no programmed public use. As you know, almost all of this property is within the 100 year flood plain and over 50% of the tract lies within the floodway. I# would be very expensive to develop this land for .active recreational uses in that fill and channeling Little Bear Creek would be necessary to reclaim the amount of area needed for maintainability and safe, productive use. A great deal, if not all, of the existing hardwood tree cover would be sacrificed making these drainage improvements. In my mind the question becomes -can the City of Colleyvillc utilize the area in its existing natural state? - allowing the land to continue to function as a natural floodplain, slowing runoff and promoting storm runoffto find its way natur$lly back into the water table, Please share with me your continuing thoughts. Sincerely, NEWMAN, JACKSON, BIEBERSTEIN, INC. ....~....-r. Karl Von Hieberstein, FASLA Senior Vice President Small Lot Development Comparison Subdivision Lots Min. Width Min. Depth Min. Size Ave. Size Densi Acres Open Space Approval Date Silas of Caldwell Creek 43 59 115 6,594 7,408 3.7 dua 11.6 18.3% 4.1.97 Bridges at Riverwalk 32 56 106 6,001 6,479 3.0 dua 10.0 24.0% 12.21.99 Riverwalk at Colleyville 53 60 115 6,331 7,666 3.2 dua 20.0 20.0% 4.4.00 Rosewood Villas 53 59 110 6,482 6,899 3.6 dua 14.8 21.4% 8.8.01 Emerald Park 72 60 120 7,200 7,508 3.5 dua 20.2 19.6% 10.1.02 Tiffan Park 25 60 100 7,200 7,580 3.5 dua 7.2 20.0% 10.21.03 Tuscan 35 60 110 6,600 7,878 3.9 dua 8.8 6.6% 2.17.04 Cambrid a Park 38 50 58 4,500 5,300 4.2 dua 9.0 22.0% 7.6.04 Copperglen 22 55 105 5,924 6,650 3.9 dua 5.6 20.0% 10.17.06 S rin Gardens Townhomes 45 36 70 2,520 2,700 8.0 dua 5.4 31.3% 12.17.96 Heritage Oaks Townhomes 124 30 90 2,700 2,787 5.5 dua 22.9 25.0% 03.21.06 Villas at Oak Ponte -Single Family Detached 49 56 95 6,440 7,226 3.6 dua 13.6 22.0% 08.02.06 Villas at Oak Pointe - Townhomes 25 30 90 2,700 2,850 4.2 dua 6.2 22.0% 08.02.06 Villas of Coileyville Permits Issued as of 4.16.2007 67 59 115 6,655 8,936 3.4 19.8 21.0% 08.21.07 Subdivision Lots Permits Villas of Caldwell Creek 43 41 Bridges at Riverwalk 32 32 Riverwaik at Colleyville 53 53 Rosewood Villas 53 53 Emerald Park 72 72 Tiffan Park 25 25 Tuscan 35 32 Cambridge Park 38 5 Copperglen 22 0 Conceptual Site Plan 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 108.5 ACRES OUT OF THE ELIZABETH COX SURVEY, ABSTRACT 352, THE JOHN H. HAVENS SURVEY, ABSTRACT 685, THE JESSE DOSS SURVEY, ABSTRACT 441, THE AND THE S.C.H. WITTEN SURVEY, ABSTRACT 1734, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO 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-07-008; 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 Ordinance 0-07-xxxx Page 2 of 6 holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 from the AG-Agricultural zoning district to PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" labeled Location and Zoning Map and as described on Exhibit "B" labeled Legal Description. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 2.6 dwelling units per acre; and two commercial lots, as shown on Exhibit "C" labeled as Conceptual Site Plan. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with 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. Ordinance 0-07-xxxx Page 3 of 6 b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached. b. All commercial properties, as designated on Exhibit "C", shall allow only uses permitted in the following zoning districts that are; (1) either State of Texas sales tax generating businesses, or (2) professional offices: CN-Neighborhood Commercial zoning district, the CC1-Village Retail zoning district and the CC2-Shopping Center zoning district. 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Planning areas shall refer to the areas noted on Exhibit "C". Planning Area "A" a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Building Height h. Maximum Lot Coverage 9,000 square feet 70 feet 120 feet 20 feet; or 15 feet for a front swing garage 5 feet 10 feet 40 feet 65% Planning Area "B" a. Average Lot Size b. Minimum Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line h. Maximum Building Height i. Maximum Lot Coverage 5,500 square feet 5,000 square feet 50 feet 105 feet 20 feet; or 15 feet for a front swing garage 0, 1 or 9 feet with a 10 foot minimum between buildings 10 feet 40 feet 65% Ordinance 0-07-xxxx Page 4 of 6 5. OPEN SPACE a. This development shall provide space, which shall be for the development's residents. The provisions contained in the Land areas shall be landscaped. a minimum of 37% common open eisure and recreational use of the open space shall comply with the Development Code. All open space b. Open space may be utilized for storm water retention. c. Open space shall be maintained by the Homeowners Association. d. The following amenities are permitted in the open space lots: picnic tables, benches, playground equipment, concrete and crushed granite walking paths, a gazebo, an arbor, other garden type built elements with a fireplace, fountains, lights, and a dock and pier. 6. PRIVATE SIDEWALKS AND STREETS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. b. The walking paths located within the open space areas shall be constructed of concrete. c. A ten (10) foot wide concrete trail approximately 1.2 miles long shall be constructed prior to the issuance of building permits as part of this development between Glade Road and Cheek Sparger Road. 7. SCREENING a. A six (6) foot tall masonry fence shall be constructed along the frontage of Glade Road and Cheek Sparger Road. b. Wrought Iron fences shall be built along the common boundary where residential lots abut designated open space areas. c. A six (6) foot masonry wall shall be built between any commercial and residential lots. 8. OTHER a. Ingress and Egress from Winewood Place shall be restricted to access by emergency vehicles only. b. The number of lots allowed with frontage on a cul-de-sac street shall Ordinance 0-07-xxxx Page 5 of 6 adhere to the requirements of the Land Development Code. c. Beginning from the start of construction, this development shall be completed within five years. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Ordinance 0-07-xxxx Page 6 of 6 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Exhibit B -Legal Description BEING A 108.5 ACRE TRACT OF LAND SITUATED IN THE ELIZABETH COX SURVEY, ABSTRACT NO. 352, THE JOHN H. HAVENS SURVEY, ABSTRACT NO.685, THE JESSE DOSS SURVEY, ABSTRACT N0.441 AND THE S.C.H. WITTEN SURVEY, ABSTRACT NO. 1734, CITY OF COLLEYVILLE, TA~ItRANT COUNTY, TEXAS. SAID 108.5 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT NEAR THE INTERSECTION OF THE CENTERLINE OF GLADE ROAD AND THE INTERSECTION OF; THENCE S 09°46'23" W, OVER AND ACROSS SAID GLADE ROAD AND HERITAGE AVENUE, A DISTANCE OF 99.73 FEET TO A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF SAID HERITAGE AVENUE; THENCE ALONG THE EAST LINE OF SAID HERITAGE AVENUE THE FOLLOWING COURSES AND DISTANCES; S 12°21'40" W, A DISTANCE OF 447.71 FEET TO A POINT FOR CORNER; S OS°25'11" W, A DISTANCE OF 195.30 FEET TO A POINT FOR CORNER; S 04°21'00" W, A DISTANCE OF 720.00 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 27°31'41", A RADIUS OF 1121.05 FEET, AN ARC LENGTH OF 538.62 FEET, A CHORD BEARING OF S 17°31'00" W, AND A CHORD LENGTH OF 533.45 FEET TO A POINT FOR CORNER; S 30°41'03" W, A DISTANCE OF 515.89 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 15°51'46", A RADIUS OF 2840.34 FEET, AN ARC LENGTH OF 786.37 FEET, A CHORD BEARING OF S 22°45'00" W, AND A CHORD LENGTH OF 783.86 FEET TO A POINT FOR CORNER; S 14°48'57" W, A DISTANCE OF 308.22 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 16°05'15", A RADIUS OF 1407.20 FEET, AN ARC LENGTH OF 395.12 FEET, A CHORD BEARING OF S 06°46'30" W, AND A CHORD LENGTH OF 393.82 FEET TO A POINT FOR CORNER; S 00°46'00" E, A DISTANCE OF 772.57 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 70°04'32", A RADIUS OF 843.50 FEET, AN ARC LENGTH OF 1031.64 FEET, A CHORD BEARING OF S 33°59'27" W, AND A CHORD LENGTH OF 968.53 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH R.O.W. LINE OF CHEEK SPARGER ROAD; THENCE S 89°18'56" W, ALONG THE NORTH R.O.W. LINE OF SAID CHEEK SPARGER ROAD, A DISTANCE OF 437.70 FEET TO A POINT FOR THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PACEL 1 IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TA,RRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°01'23" W, ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 2658.46 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID PARCEL l; THENCE S 89°02'53" E, ALONG THE NORTH LINE OF SAID TRACT 1, A DISTANCE OF 549.10 FEET TO A POINT FOR CORNER; THENCE LEAVING THE NORTH LINE OF SAID PARCEL 1 THE FOLLOWING COURSES AND DISTANCES; N 44°32'16" E, A DISTANCE OF 504.74 FEET TO A POINT FOR CORNER; S 58°08'37" E, A DISTANCE OF 82.37 FEET TO A POINT FOR CORNER IN THE WEST LINE OF A CALLED 136.34 ACRE TRACT OF LAND DESCRIBED IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°39'20" E, ALONG SAID WEST LINE, A DISTANCE OF 541.65 FEET TO A POINT FOR CORNER; THENCE N 00° 15'08" E, A DISTANCE OF 443.19 FEET TO A POINT FOR CORNER; THENCE N 00°28'33" W, A DISTANCE OF 1306.92 FEET TO A POINT FOR CORNER; THENCE S 89°50'41" E, A DISTANCE OF 344.46 FEET TO A POINT FOR CORNER; THENCE N 00°09'51" W, A DISTANCE OF 225.22 FEET TO A POINT FOR CORNER; THENCE N 88°42'20" E, A DISTANCE OF 22.07 FEET TO A POINT FOR CORNER; THENCE S 00°27'31" E, A DISTANCE OF 28.94 FEET TO A POINT FOR CORNER; THENCE N 89°23'34" E, A DISTANCE OF 195.12 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 13°35'47", A RADIUS OF 1587.18 FEET, AN ARC LENGTH OF 376.64 FEET, A CHORD BEARING OF S 84°20'11" E, AND A CHORD LENGTH OF 375.76 FEET TO A POINT FOR CORNER; THENCE S 76°13'22" E, A DISTANCE OF 105.52 FEET TO THE POINT OF BEGINNING, AND CONTAINING 108.5 ACRES OF LAND, MORE OR LESS. Ch~"r~~ 100 Main Street ~ City of Colleyville Coll (8 i~) 03-1000 034 ~~~~ Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commission Tabled Items Version: 1 Requester: Community Development Department Agenda Date: 09/24/2007 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Consider an amendment to the Master Thoroughfare Plan to remove Heritage Avenue from Glade Road to Cheek Sparger Road, Case G-07-016 Attachments: Master Thoroughfare Request Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 08/27/2007 Planning and Zoning Commission 1 09/12/2007 Planning and Zoning Commission 1 09/24/2007 Planning and Zoning Commission Title Consider an amendment to the Master Thoroughfare Plan to remove Heritage Avenue from Glade Road to Cheek Sparger Road, Case G-07-016 Explanation Update The Planning and Zoning Commission held a workshop for this request on September 12, 2007. The Planning and Zoning Commission tabled this request at the August 27, 2007 meeting. Buddy Shepherd submitted a request to amend the Master Thoroughfare Plan by removing Heritage Avenue between Glade Road and Cheek Sparger Road. Mr. Shepherd is the developer of 100.7 acres that fronts on the western portion of Heritage Avenue that is being requested for the amendment. The Master Thoroughfare Plan currently designates Heritage Avenue as a major collector street with four lanes and 80 feet of right-of-way. A collector street is defined as a street which carries traffic from local streets to the system of major streets, including the principal City of Colleyville Page 1 Printed on 9/19/2007 Agenda Briefing Continued entrance street or streets into a subdivision development, and streets designed primarily to provide traffic circulation within or between one (1) or more subdivisions. Within the City of Colleyville, Heritage Avenue extend from Hall Johnson Road to Cheek Sparger Road. The portion of Heritage Avenue between the Hall Johnson Road and Glade Road is currently improved as a four lane major collector street. The portion of Heritage Avenue that is being .considered for this request, located between Glade Road and Cheek Sparger Road, is currently unimproved. This portion of the road is bordered on the east side by the City of Euless and bordered entirely on the west side by undeveloped property that is being considered for development by the applicant. The property to east, located in the City of Euless, is currently approved for a major commercial and residential development. Although the subject portion of Heritage Avenue borders the City of Euless, the right-of-way for Heritage Avenue lies completely within the City of Colleyville. The developer of the commercial and residential development within the City of Euless has agreed to construct two lanes of Heritage Avenue from Glade Road extending approximately 1,600 feet to the south. The scope of improvements to the remainder of Heritage Avenue will be determined upon an assessment of the current roadway conditions. The applicant of this request, as the developer of the property in the City of Colleyville, is required to provide the right-of-way dedication that will complete the 80 feet of right-of-way width that is required by the Master Thoroughfare Plan to accommodate the alignment of Heritage Avenue. Traffic Impact Analysis. As part of the development that is being proposed by the applicant, a Traffic Impact Analysis (TIA) was contracted to the engineering firm of Freese and Nichols. As part of the analysis, the consultant made recommendations for the improvement of Heritage Avenue. One of the recommendations was that Heritage Avenue remain on the Master Thoroughfare Plan as a major collector street. The following are all of the conclusions and recommendations made by Freese and Nichols for the TIA: ^ The background traffic plus the traffic generated by the proposed developments (in the City of Colleyville and the City of Euless) is expected to reach 6,494 vehicles per day on Heritage Avenue near Glade Road by 2012. ^ Heritage Avenue would operate at an acceptable level of service as a two lane undivided collector based on traffic projected to 2012. ^ If Heritage Avenue is improved, the thoroughfare could function as an alternate north/south route during flood events and provide an alternate north/south thoroughfare with regional continuity. Based on the conclusions above, the following recommendations for improvements to Heritage Avenue were reached: ^ Heritage Avenue should be improved as a two lane concrete roadway to serve the proposed developments in the City of Colleyville and the City of Euless on either side of the floodplain. ^ The sections of Heritage Avenue located within the floodplain should be improved, repaired and resurfaced to a minimum width of 24 feet and flood gates should be City of Colleyville Page 2 Printed on 9/19/2007 Agenda Briefing Continued added to the roadway on each end of the floodplain. ^ Heritage Avenue should remain on the Master Thoroughfare Plana a four lane undivided major collector with 80 feet of right-of-way. With the growth in the area and the regional significance of Heritage Avenue, it is anticipated that Heritage Avenue will warrant a four lane cross-section in the future. ^ A three lane northbound approach on Heritage Avenue be constructed at the intersection of Heritage Avenue and Glade Road to accommodate a dedicated left turn lane, through lane and dedicated right turn lane. ^ The free right turn lane at the intersection of Cheek Sparger Road should be removed as part of the redevelopment of the northwest corner of Heritage Avenue and Cheek Sparger Road. ^ Dedicated southbound and eastbound left-turn lanes should be constructed at the intersection of Heritage Avenue and Cheek Sparger Road. The following is the regional analysis of Heritage Avenue made by the consultant: "Although Heritage Avenue is justified based on the local analysis presented in this TIA, this study also looked at the need for Heritage Avenue from a regional perspective. Heritage Avenue is designated as a regional four lane thoroughfare on the North Central Texas Council of Governments (NCTCOG) regional thoroughfare plan. The plan shows Heritage Avenue extending from Cheek Sparger Road north to SH114. This is also reflected on the City of Grapevine and City of Southlake thoroughfare plans. Once the City of Grapevine completes the missing sections of the regional thoroughfare plan, Heritage Avenue could serve as an alternate route to access SH26 and SH114." Summary. Given the analysis, conclusions and recommendations made by Freese and Nichols in the TIA, staff feels the current and future importance of Heritage Avenue as a major collector street is integral in addressing the traffic needs of the proposed development, the City of Colleyville and region. Recommendation Denial City of Colleyville Page 3 Printed on 9/19/2007 Landstat, L.P. P.O. Box 264 Itasca, Texas 76055 March 1, 2007 City of Colleyville Mr. Chris Fuller Community Development Director RE: Creekside at Colleyville Z-07-008 Dear Mr. Fuller, I am hereby formally requesting to amend the master thoroughfare plan to delete Heritage Ave. from its existing termination South of Glade Rd. to Cheek Sparger Rd. This request is made in response to Comment No. 11 by the Development Review Committee. Thank you for your time devoted to this matter, your consideration is very much appreciated. ORDINANCE O-07-xxxx AN ORDINANCE AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF COLLEYVILLE, TEXAS, AND AUTHORIZING PUBLICATION WHEREAS, the City Council adopted a Master Thoroughfare Plan on October 15, 1986 by approval of Ordinance 0-86-631; and WHEREAS, the City Council approved the alignment of Village Park, Thompson Terrace, Bedford Road and Pleasant Run Road on August 19, 1997, with the approval of Resolution R-97-1307; and WHEREAS, the City Council adopted the Land Use Plan and the Thoroughfare Plan on September 1, 1998, with the approval of Resolution R-98-1408; and WHEREAS, the City Council amended the Master Thoroughfare Plan on January 4, 2000, with the approval of Ordinance 0-99-1198 to change the classification of Village Park and Thompson Terrace from two-lane roadways to multi-lane roadways and adopted standards for right-of--way and pavement widths; and WHEREAS, the City Council amended the Master Thoroughfare Plan on April 19, 2005, with the approval of Ordinance 0-05-1521 to delete an un-named future north-south collector roadway situated between L. D. Lockett Road and McDonwell School Road; and WHEREAS, the City Council amended the Master Thoroughfare Plan on August 2, 2006 with the approval of Ordinance 0-06-1583 to delete the Minor Collector roadway shown as Sanders Lane, Wyatt Drive and Industrial Boulevard and; WHEREAS, the Planning and Zoning Commission has held a public hearing, received citizen input and has made recommendation regarding the proposed amendment to the Master Thoroughfare Plan; and WHEREAS, notice of public hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 10 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Ordinance 0-07-xxxx Page 2 of 3 Sec. 1. THAT the Master Thoroughfare Plan adopted by Resolution R-98-1408 is hereby amended to incorporate the following changes: The portion of the Major Collector roadway shown as Heritage Avenue on the current Master Thoroughfare Plan between Glade Road and Cheek Sparger Road, attached as Exhibit "A", is hereby eliminated from the Master Thoroughfare Plan. Sec. 2. THAT the Master Thoroughfare Plan, the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 3. 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. 4. THAT 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. 5. THAT 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. 6. THAT this ordinance shall take effect immediately from and after its passage. Sec. 7. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Ordinance 0-07-xxxx Page3of3 Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney EXHIBIT "A" Location of Heritage Avenue between Glade Road and Cheek Sparger Road Eliminate from the Master Thoroughfare Plan ^ ^ ^ ^ ^ ^ ~ Alignment "A" Heritage Avenue iless