HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-10/8/2007~~~>=- City of Colleyville
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Meeting Agenda
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Planning and Zoning Commission
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www.colleyville.com
Monday, October 8, 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 Redfearn
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
September 24, 2007
6. RECOGNITION OF OUTGOING MEMBERS
David Dudziak, Place 5
Mary Taylor, Place 6
Larry Knox, Place 7
7. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBERS
David Dudziak, Place 5
Michael Clardy, Place 6
Larry Knox, Place 7
8. ELECTION OF OFFICERS
Chairman
Vice Chairman
Recording Secretary
City of Colleyville Page 1 Printed on 9/25/2007
Planning and Zoning Commission Meeting Agenda
October 8, 2007
9. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
10. REGULAR AGENDA ITEMS
10a Approval of Preliminary Plat for the Villas of Colleyville Addition located
at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case
P-07-048
11. TABLED ITEMS
11a 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
12. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
13. COMMISSIONERS' COMMENTS AND REPORTS
14. ADJOURNMENT
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Thursday, October 4, 2007 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville Page 2 Printed on 9/25/2007
City of Colleyville
100 Main Street
Colleyville, Texas 76034
(817) 503-1000
www. Colleyville. com
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Minutes -Draft
Monday, September 24, 2007
7:00 PM
City Council Chambers
Planning and Zoning Commission
,~f ~ ; City of Colleyville CoI ley ~l a aTexas 76034
$~j ~ (817) 503-1000
°` Minutes -Draft www.colleyville.com
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Planning and Zoning Commission
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
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Byerly on September 24, 2007 at 7:05
p.m.
2. ROLL CALL
Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn,
David Phelps, Denis Duffy, Jeff Byerly
Absent: Commissioner Mary Taylor
Staff Present: Ron Ruthven, Chris Fuller, Jeremy Hutt, Rob McKeown
and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Dudziak.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Duffy moved to approve the September 10, 2007 meeting
minutes as written. Commissioner Phelps seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly
Absent: 1 -Taylor
City of Colleyville Page 1 Printed on 9/28/2007
Planning and Zoning Commission Minutes -Draft
September 24, 2007
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
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
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:15 p.m.
Larry Stewart, the applicant, came forward to present the case and brief
the Commissioners.
There being no one wishing to speak, the public hearing was closed at
7:16 p.m.
Commissioner Dudziak moved to approve case P-07-047.
Commissioner Redfearn seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly
Absent: 1 -Taylor
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
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Dudziak questioned staff regarding what is the use of the
concrete wall on the property? Ron Ruthven stated the concrete wall
has no current use, a wall with a gate, enough to park a vehicle behind
the gate.
Commissioner Phelps questioned staff regarding the traffic demands
generated for an in house seating facility, what is the estimate of traffic
for this facility? Ron Ruthven stated those are estimates for facilities
with no in house seating.
Commissioner Byerly opened the public hearing at 7:20 p.m.
Evans and Christy Shaw, the applicants, came forward to present the
case and brief the Commissioners. Trip Buchwald, the property owner,
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came forward as well.
Mrs. Shaw stated they do not have any seating area planned at this time
and questioned staff regarding the number of parking spaces required?
Ron Ruthven replied three would be required. Mrs. Shaw stated she
could meet that requirement. Mrs. Shaw questioned staff if they would
like her to remove the brick wall? Ron Ruthven replied staff has
concerns regarding the setback off of SH26 and the building was closer
than 40 feet from the right of way of the street. He stated if the wall were
to be removed, the building could be moved further back from the street.
Mr. Shaw explained the traffic queuing for the facility and stated there
would not be more than three cars stacked at one time on either side of
the building. He stated the parking spaces could be re-designed to meet
the required parking.
Mr. Buchwald stated he has looked for a lot of opportunities for this
property but has been unsuccessful, therefore he stated he supports this
proposal.
Commissioner Duffy stated from a safety point of view, the building
needs to be moved further back from SH26 and parallels it to SH26, to
be able to get the traffic out of the way. He stated the wall could come
down and the facility could be moved back.
Commissioner Duffy questioned Mr. Buchwald regarding if TxDot had
been contacted regarding the two entrances? Mr. Buchwald stated
TxDot would allow a second ingress/egress if he were to pay for it.
Commissioner Duffy questioned what are the distances between the two
ingress/egress entrances? Mr. Buchwald replied not knowing exactly.
He stated there will not be left turn from SH26 in the north entrance
because of the turning lane.
Commissioner Dudziak questioned the applicant regarding the additional
seating to be added? He stated that may require amending the PUD.
Mrs. Shaw stated a possible seating area to the back of the property that
would not require any additional structures.
Commissioner Phelps questioned Mrs. Shaw if the shaded areas
represent the brick wall? Mrs. Shaw stated the dotted lines represent
the concrete wall. Commissioner Phelps questioned Mrs. Shaw
regarding what are the shaded areas on the drawing representing? Mrs.
Shaw replied she thought it was three parking spaces, but it appears that
it may be the handicap space.
Commissioner Phelps stated having concerns for the queuing of traffic
with regards to the placement of the building. He stated not being able
to support the request with the placement of the building.
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Commissioner Redfearn questioned Mr. Buchwald regarding what
options have been considered for this property? Mr. Buchwald stated
when he purchased the property; there was a special use permit on the
property to allow for car sales, which has now expired.
Commissioner Redfearn questioned Mrs. Shaw regarding what are the
differences between the existing zoning and the zoning that is being
requested. Mrs. Shaw replied the setback, minimum square footage of
property and the CC1 current zoning does not allow for a drive through,
therefore, staff suggested to come forward and request PUDC zoning.
There being no one wishing to speak, the public hearing was closed at
7:31 p.m.
Commissioner Duffy stated the site plan is lacking the requirements for
the PUD zoning. He stated the setbacks are not proper, parking or open
space.
Commissioner Byerly questioned staff regarding if it would be possible to
put a building on this property given the setbacks that are on the
property and allow queuing off of SH26? Ron Ruthven replied by
removing the wall, the building could then be moved back further to
create more room on the lot for parking and traffic movement.
Commissioner Dudziak questioned staff if the building is moved back,
will they meet the 40 foot requirement in the CC1 zoning district? Ron
Ruthven concurred.
Commissioner Redfearn stated the CC1 zoning district does not allow for
a drive through service.
Commissioner Dudziak questioned if there is a certain size requirement
for the building in this zoning district? Ron Ruthven replied there is no
minimum building size requirement in the CC1 zoning district. He stated
as long as the building meets the building code requirements.
Commissioner Phelps questioned what is the portion of the easement
that is jutting into the proposed at the north end, the proposed right of
way? Ron Ruthven replied the creek runs through that area, from north
to south, but he stated not being able to speak for SH26, but that may be
to accommodate drainage for the creek.
Commissioner Phelps stated he concurred with Commissioner Duffy and
stated this PUDC is not ready. He stated some realignments could be
made so that the traffic queuing could be accommodated. He stated this
design appears to need a lot of work as presented.
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September 24, 2007
Commissioner Byerly questioned the applicant if the design could be
reconfigured to be able to meet the requirements of the setback and
queuing? Mr. Shaw replied they could do some reconfiguring.
Mrs. Shaw questioned the Commission if they could have a 35 foot
setback instead of the 40 foot setback that is required? Commissioner
Byerly stated if a new plan is submitted showing the setback, the
Commission can consider that request at that time.
Mrs. Shaw questioned staff regarding the queuing of traffic, how many
vehicles need to be shown? Ron Ruthven stated the three cars on the
south side and the movement of traffic on the site plan needs to be
updated to satisfy the Engineering Department as far as queuing off of
SH26.
Commissioner Redfearn stated instead of having the traffic heading into
each other on the property, to have two lanes that are feeding in the
same direction as a safer option. He stated if the creek could be placed
on the drawing to show how far back the building can be placed would
help the Commissioners to decide if the placement of the building has
accommodated the alignment of the creek.
Commissioner Duffy stated the applicants need to go back and resubmit
with the required documents.
Commissioner Byerly concurred with Commissioner Duffy.
Commissioner Byerly ,moved to continue to the October 8th, 2007
meeting case Z-07-025. Commissioner Knox seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly
Absent: 1 -Taylor
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
Commissioner Byerly recused himself from this agenda item and
Commissioner Duffy chaired the meeting.
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Dudziak questioned staff if the letters in opposition have
to fall within the 200 feet? Ron Ruthven replied correct, for the
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opposition to count in the opposition calculation. Commissioner Dudziak
questioned staff if all of the signatures on the petition were within 200
feet? Ron Ruthven replied no, not all 36. Commissioner Dudziak
questioned staff regarding how was the percentage of opposition
calculated? Ron Ruthven replied the 54% is the responses from the
property owners that were actually notified within 200 feet. The petition
has many signatures that do not live within 200 feet of the request.
Commissioner Dudziak questioned staff regarding if a signature on a
petition, the opposition is formally expressed in that position? Ron
Ruthven replied if they do live within 200 feet of the notification and they
have signed that petition, that is their official opposition to the request
and that property is counted toward the opposition with 200 feet. City
Attorney Kallas concurred with staff.
Commissioner Phelps questioned staff regarding if the 54% is in
question for when the request moves forward to City Council for a
supermajority vote? Ron Ruthven concurred.
Commissioner Duffy opened the public hearing at 7:47 p.m.
C.L. Madden, 6112 Hunter Lane, spoke in opposition to the rezoning
request and stated every time he has come forward to rezone his
property he has always been told to rezone to R40.
Dean Decavitte, the applicant, came forward to present the case and
brief the Commissioners.
Lisa Pipe, 6117 Hunter Lane, spoke in opposition to the rezoning request
and stated having concerns for drainage and traffic.
Twyla Kerlee, 800 Shelton Drive, stated the R20 zoning on Hunter Lane
was an exception made by the Council over 25 years ago. She stated
having concerns for drainage. She stated the Commission should
consider R30 with an exception.
Wade Evans, 800 Shelton Drive, stated there are still drainage and
plumbing problems and stated being in favor of a R30 zoning request.
Charles Huggins, 700 Shelton Drive, spoke in opposition to the rezoning
request and stated the property should stay R40.
Jason Elms, 801 Shelton Drive, stated there are drainage issues on
Hunter Lane and spoke in opposition to the rezoning request.
Bob McGregor, 6115 Hunter Lane, spoke in opposition to the rezoning
request
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Chris Combs, 6106 Hunter Lane, spoke in opposition to the rezoning
request and stated the Commission should consider R40.
Mohanchand Koduri, 6104 Hunter Lane, spoke in opposition to the
rezoning request.
Bill Lothrop, 609 Shelton Drive, spoke in opposition to the rezoning
request and stated there are issues concerning drainage on Hunter
Lane.
Fred Rice, 6103 Hunter Lane, spoke in opposition to the rezoning
request and stated there are issues concerning drainage on Hunter
Lane.
Bill Stephens, 612 Shelton Drive, spoke in opposition to the rezoning
request and stated there are issues concerning drainage on Hunter
Lane, as well as the sewer still backs up on Shelton. He stated he would
like to keep the R40 zoning.
Dinah Stephens, 612 Shelton Drive, spoke in opposition to the rezoning
request.
Teri Workman, 6001 Hunter Lane, spoke in opposition to the rezoning
request.
There being no one wishing to speak, the public hearing was closed at
8:24 p.m.
Mr. Decavitte came forward to address the concerns of the neighbors
and stated having the utmost concern for neighbors.
Commissioner Duffy questioned staff regarding a topo map for the area?
Ron Ruthven replied not having one available immediately.
Commissioner Duffy questioned staff regarding a larger aerial map?
Ron Ruthven replied not having one available immediately.
Commissioner Dudziak questioned for clarity, the Commission could not
approve anything below R30? Ron Ruthven concurred and stated
anything below R20 would have to be a PUD request. Commissioner
Dudziak stated if a PUD were to be requested open space would be
required as well as other amenities that would make this an extremely
financially prohibited. Ron Ruthven concurred and stated flag lots are
prohibited. Commissioner Dudziak stated what is being proposed is the
only layout that could occur. He stated there are other lots on Hunter
Lane that are one acre and could be subdivided if presented to the
Commission. He stated overall, these lots are sizeable and would add to
the community of Colleyville. He stated the applicant's intentions are to
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build good size homes for the lots. He stated it would be good for
Colleyville and good for Hunter Lane.
Commissioner Redfearn stated being sensitive to the neighbors and
stated he would be willing to lock in a R30 zoning request with a waiver
request for the frontage requirement. City Attorney Kallas stated the
applicant would have to come back at another meeting and request
another zoning change with relief to the lot width requirement.
Commissioner Duffy questioned City Attorney Kallas regarding the
applicant does not meet the R30 frontage requirements, therefore, the
Commission could not grant him R30 unless he were to reapply? City
Attorney Kallas replied he can go to a less intense zoning district but
because this is a straight zoning request, the Commission is locked into
the zoning district requirements. He stated a motion for R30 could be
made; however, the frontage would have to comply. Ron Ruthven
replied as currently proposed, the R20 zoning district requires a 100 lot
width and R30 would be 125 feet. He stated the applicant is requesting
R20 because the request meets all of the R20 requirements.
Commissioner Knox stated the applicant could put in an east/west street,
at his expense, with three lots. Ron Ruthven replied yes he would meet
the minimum lot width and depth requirements, however, the street
would have to have an approved cul-de-sac for the fire truck to turn
around.
Commissioner Dudziak stated if the fire truck can not turn around; the
applicant will not be able to build the cul-de-sac.
Commissioner Phelps stated being opposed to rezoning this property to
R20 to split the lot. He stated it establishes a new standard for the area
as opposed to an exception. He stated if the R20 were to be approved,
then there could be others coming forward to rezone to R20. He stated
this is one of those areas of Colleyville that can be preserved. He stated
there may be some alternatives, but not R20.
Commissioner Redfearn concurred with no to R20.
Commissioner Knox moved to deny case Z-07-032. Commissioner
Phelps seconded.
Commissioner Dudziak stated a 6,000 or 7,000 square foot home could
be built on that lot.
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The motion carried by the following vote:
Aye: 5 -Knox, Dudziak, Redfearn, Phelps, Duffy
Absent: 1 -Taylor
Abstain: 1 -Byerly
8. TABLED AGENDA ITEMS
ga 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
The Planning and Zoning Commission recessed at 8:40 p.m. for a break.
The Planning and Zoning Commission reconvened at 8:54 p.m.
Commissioner Byerly explained that the two tabled items would be
discussed at the same time, however, there would be separate votes
made for each item.
Commissioner Redfearn made a motion to remove cases Z-07-008 and
G-07-016 from the tabled items. Commissioner Knox seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly
Absent: 1 -Taylor
Ron Ruthven presented the update and briefed the Commission.
Commissioner Phelps questioned staff regarding the southern end of the
development, to confirm, the right of way and road planning issues
override the PUD language in the ordinances. Ron Ruthven replied the
Master Thoroughfare would override the PUD requirements where in
conflict.
Commissioner Duffy questioned staff if there are two lanes being
discussed for Heritage Lane? Ron Ruthven replied the Master
Thoroughfare requires four lanes; however, the Commission can amend
Heritage Avenue to two lanes. Commissioner Duffy questioned staff if
the Commission could recommend Heritage Avenue to be two lanes with
80 feet of right of way? Ron Ruthven concurred.
Commissioner Byerly opened the public hearing at 9:00 p.m.
Buddy Shephard, the applicant, came forward to present the update and
brief the Commission.
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Commissioner Duffy questioned Mr. Shephard regarding the number of
homes on the southern part of the northern section; there are 16 homes
on that cul-de-sac which exceeds the Land Development Code
requirements. Mr. Shephard replied it does exceed the Development
Code, however, he stated there is another portion of the code that states
if a bigger turn around is provided at the end of the street then that
number can be exceeded. Chris Fuller replied the Land Development
Code states that the cul-de-sac length shall be 1600 feet of right of way
and 31 feet of pavement, however, if the maximum cul-de-sac length is
1200 feet with 56 feet of right of way and 36 foot pavement section.
Commissioner Phelps questioned staff if the number of homes on the
cul-de-sac can exceed or just the length of the cul-de-sac? Chris Fuller
replied the maximum number of single family residents is 12; therefore
the length of the cul-de-sac does not change the maximum number of
lots. Mr. Shephard stated he could stick out another street to Heritage
Avenue to solve that issue.
Commissioner Byerly questioned Mr. Shephard regarding if he would
rather do another street or would he rather have a waiver request for the
number of lots on the cul-de-sac if fire sprinklers are in the homes on the
cul-de-sac? Mr. Shephard replied he would prefer to stick out a street.
Commissioner Byerly stated on the south end the number exceeds the
requirements as well. Mr. Shephard replied they could put in another
street down there as well and meet those requirements.
Commissioner Duffy stated everything should be put in the ordinance
that the Commission wants to have and not leave what could be done for
the City Council to decide.
Commissioner Redfearn questioned Mr. Shephard regarding the stub out
street on Winewood Place, is it still the intention to stub this street out
and use a gate? Mr. Shephard replied that not being his intention. He
stated he showed a connection to that street; however, the residents do
not want it connected. He stated he told the residents it was the City's
decision to connect the street.
Commissioner Phelps stated there was a desire for a request for a
waiver of the tree survey. He stated the waiver stated instead of
replacing existing trees, to put some language in that said, so many
trees per lot, etc. He stated the request for the waiver is still there but
there is not language that suggests any alternatives. Mr. Shephard
stated he felt like that to be a platting issue not a land uses issue and he
stated he felt doing it exactly as the tree ordinance reads does not
accomplish the goal. He stated he can preserve the elm trees out there
but they are going to die soon. He stated the alternative should be to do
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something that works 100% that actually beautifies it other than placing
post oak trees that will die 30 minutes after the streets are cut or the
house pads are built. He stated if there were some number of caliper
inches for interior lots, corner lots, and entry ways and so forth, it would
serve the development and the City much better. He stated something
different should be considered other than what is written in the book.
Commissioner Phelps stated he understood, but he did not see anything
from Mr. Shephard regarding a potential number of inches he would
prefer. Mr. Shephard stated it would be appropriate to have 12 caliper
inches consisting of 3 trees, 4 inches in diameter on the interior lots, and
15 caliper inches on the corner lots and 15 caliper inches on the
entrance or entry way lots or 100; just a number that is actually based
upon something done by a landscape architect that knows what he is
doing instead of him guessing.
John Gray, 3300 Pembrooke Parkway South, spoke on behalf of the
Woodland Hills Homeowners Association and stated they are in favor of
the rezoning request and stated being in support of Heritage Avenue to
remain as a two lane roadway.
Rick Miller, 3605 Wexford Court, spoke on behalf of the Prestwick Park
Homeowners Association and stated they have worked with Mr.
Shephard to have a 30 foot setback and he stated that would be an
option for Mr. Shephard. Mr. Miller stated there were recommendations
made at the workshop regarding reducing the setback. He stated being
opposed to reducing the setback. He stated he would support the
subdivision with the approval of the 30 foot setback by making an
exception to the 80 foot easement.
Doug Baron, 3402 Cambridge Court, presented a power point
presentation.
Robert Bruton, 3303 Middleton Way, spoke in opposition to closing
Heritage Avenue and questioned who would maintain it if it were to
close?
Gary Malone, 4605 & 4609 Winewood Court spoke in favor of the
rezoning request and stated they are in favor of the 30 foot setback
between the developments.
Phil Kelly, 2808 Sherwood Lane, stated some concerns with the closing
of Heritage Avenue.
Bill Barnard, 3613 Wexford Court, stated having concerns with the 30
foot setback being reduced and the possibility of having a two story
home in his back yard. He stated the tree preservation regulations
should be met.
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Chris Hall, 4916 Prestwick Drive, stated there should be an easement
between the two developments to enhance the new and existing
developments. He stated being concerned with what will happen to
Heritage Avenue and what will be happening on the Euless side.
David Dowdy, 3601 Winewood Place, spoke in favor of the rezoning
request but not in favor of closing Heritage Avenue.
There being no one wishing to speak, the public hearing was closed at
9:49 p.m.
Mr. Shephard came forward to address the concerns of the neighbors.
Commissioner Byerly stated the Commission should consider the
amendment to the Master Thoroughfare first.
Commissioner Phelps questioned staff regarding the County easement.
Chris Fuller stated the request before the Commission is to consider
amending the Master Thoroughfare Plan with regards to the physical
classification of what the road way might be. Chris Fuller stated he would
have to defer the County issue to the City Attorney. City Attorney Kallas
stated the Commission has the ability to take action on these items
tonight. As far as the effect of the County easement, that is something
to be addressed later.
The vote and discussion, after the vote, for case G-07-016 has been
attached in the minutes for item 8b.
Commissioner Duffy questioned the Fire Marshal regarding the stub out
on Winewood Place? Fire Marshal McKeown replied not being in
support of gating the stub out, he stated he would prefer that to be a
through street.
Commissioner Byerly questioned Marshal McKeown if the Commission
were to gate that, what kind of recommendation would you have?
Marshal McKeown replied if it is an emergency access gate it should
meet the Land Development Code regulations with an Opticom that the
Fire Department could operate from either direction with a Knox key
override and a power failure backup.
Commissioner Phelps questioned Marshal McKeown regarding if there is
any history regarding servicing the existing neighborhood? Marshal
McKeown replied there was a gas in that area about two weeks ago in
which the Fire Department had to block off both entrances to Prestwick
Park and the residents were not happy about blocking them in.
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Commissioner Phelps stated the rear building line is consistently referred
to as 10 feet, but the developer has stated 30 feet therefore the
language would need to be amended to address that specific issue on
the western lots.
Commissioner Phelps questioned staff regarding if the tree preservation
regulations are specific to lot or some other area within the
development? Chris Fuller replied if the applicant removes trees on one
specific lot, he could replace them anywhere on the site that would
accommodate them.
Commissioner Duffy questioned staff regarding if the applicant removes
five 30 inch caliper trees, does he have to replace 150 caliper inches, not
just five trees? Chris Fuller replied the applicant has to replace them
with a minimum of three inch caliper trees. He stated the applicant may
replace them with higher caliper inch trees. Commissioner Duffy stated
he could use 50, three inch caliper trees. Chris Fuller concurred and
stated 150 inches to be replaced with a minimum of a 3 inch caliper tree.
Chris Fuller replied the applicant did not provide staff with a proposal for
staff to review so any discussion of a tree waiver, staff will have no
insight upon.
Commissioner Byerly questioned staff if the applicant has requested a
waiver from the tree survey but not from tree mitigation? Chris Fuller
replied that would need to be specified with the developer.
Commissioner Byerly stated that is what he is reading by the draft
ordinance. Chris Fuller stated as the applicant has not given a proposal,
staff omitted it from the ordinance, there was nothing to include.
Commissioner Byerly stated as the draft ordinance is written, a tree
survey is required. Chris Fuller stated in accorrdinance with the Land
Development Code. He stated the Planning and Zoning Commission is
the relief Board for tree mitigation. He stated if it is not addressed with
the zoning, the applicant will have to come back to the Planning and
Zoning Commission with the waiver request. Commissioner Byerly
stated a tree waiver can not be granted without a tree survey at some
point. Chris Fuller replied since a tree survey has not been provided,
staff can not give any insight to that.
Commissioner Dudziak questioned staff if a tree survey will be done?
Chris Fuller replied as of right now, there is no waiver for that.
Commissioner Phelps stated to staff that a tree waiver has been
requested. Chris Fuller stated he requested a waiver but did not provide
a proposal.
Commissioner Dudziak stated he did not understand "request" as
opposed to "did not supply". Chris Fuller stated the applicant requested
City of Col/eyville Page 13 Printed on 9/28/2007
Planning and Zoning Commission Minutes -Draft
September 24, 2007
a waiver in the Development Review comments but then came forward
with no materials supporting that waiver; therefore staff did not include
that in the ordinance.
Commissioner Duffy moved to approve case Z-07-008 with the following
amendments: the fire stub to the Prestwick Park development be
constructed during this development and constructed per the Land
Development Code with a per code gate on it; the tree preservation
survey submitted as per the Land Development Code; the cul-de-sac
number of homes as per the Land Development Code. Commissioner
Byerly seconded.
Commissioner Knox stated a friendly amended with a 30 foot setback on
the western boundary of the development, if not that five foot buffer and
a 25 foot setback. Commissioner Duffy stated he did not concur with the
amendment. He stated if Mr. Shephard wants to give those neighbors
adjacent to his development 30 feet, then that is his right to do so,
however it is not required.
Commissioner Byerly seconded Commissioner Duffy's motion.
Commissioner Dudziak stated some language needs to be included that
clarifies that the Commission is not waiving parts of the Land
Development Code at this time.
Commissioner Byerly made a motion for a friendly amendment that the
site plan be amended to conform to the Master Thoroughfare Plan and
to including access from Heritage Avenue to Glade Road on the
southeast corner reflecting the Euless side property. Commissioner
Duffy accepted the amendment.
Commissioner Byerly stated that any provision that is not expressly
waived by the draft ordinance is per the Land Development Code. City
Attorney Kallas is waived by the written sections of the ordinance
because the site plan is attached to the ordinance. He stated unless
written in the text of the ordinance the Code of Ordinances shall apply.
Commissioner Dudziak questioned Commissioner Byerly regarding if a
wavier is being granted for the number of lots on the cul-de-sac, should
there be a street stubbed out to reduce the cul-de-sac. Commissioner
Byerly stated a waiver is not being granted by the site plan showing a
number of lots on the cul-de-sac exceeding the Land Development
Code.
Commissioner Phelps stated the word "conceptual" is referring to the site
plan might tend to lend a little more weight to its position to the
Commission or lack of standing.
City of Colleyville Page 14 Printed on 9/28/2007
Planning and Zoning Commission Minutes -Draft
September 24, 2007
City Attorney Kallas stated to Commissioner Dudziak the requirement is
to abide by the cul-de-sac regulations, if a specific street access were to
be stubbed, there needs to be an amendment to the motion.
Commissioner Phelps stated on the south end of the development where
the existing Heritage Avenue curves into Cheek Sparger, there is only
one entrance to that portion, with access really close to Heritage
Avenue. He stated a second entrance needs to be provided further
north on the straight portion of Heritage Avenue so that the entrance is
not so close to Cheek Sparger. Chris Fuller replied for the Commission
to be as specific as possible on any amendments or conditions to the
ordinance. City Attorney Kallas recapped and stated that the southern
most portion of the development shall have two entrances along Cheek
Sparger and or Heritage Avenue.
Commissioner Byerly and Commissioner Duffy both accepted
Commissioner Phelps amendment to the motion.
Commissioner Dudziak questioned staff if the parkland will be assumed
by the developer? Chris Fuller replied that would be privately owned.
Commissioner Dudziak questioned staff if there would be any potential
way for the City to gather or to obtain that land at a future date unless
they were to sell it to the City. Chris Fuller concurred.
Commissioner Dudziak stated there are legal structures that land can be
put into that is easier for the City to obtain that enables Texas Parks and
Wildlife grounds to be dedicated to and whether there may need to be
something in the ordinance to reflect, should there be some room to
allow for this? City Attorney Kallas stated that would be a decision for
City Council not for the Planning and Zoning Commission.
Commissioner Byerly summarized the motion.
Commissioner Duffy moved to approve case Z-07-008 with the following
conditions: the fire stub-out on Winewood Place is to be constructed per
the Land Development Code regarding emergency access gates; the
tree preservation survey per the Land Development Code; adhere to the
requirements of the Land Development Code regarding the number of
homes allowed on a cul-de-sac; amend the site plan to conform to the
Master Thoroughfare Plan including access from Heritage Avenue to
Glade Road on the southeast side; there shall be no provision of the
Land Development Code granted unless a waiver has been stated in
writing in the PUD ordinance for this development; there shall be two
entrances to the southern section located either on Cheek Sparger Road
or Heritage Avenue. Commissioner Byerly seconded.
City of Co/leyville Page 15 Printed on 9/28/2007
Planning and Zoning Commission Minutes -Draft
September 24, 2007
Commissioner Dudziak questioned if the two southern portions are
mentioned is the developer only able to put one in the northern section.
Commissioner Byerly stated the northern portion would be per the site
plan. He stated this is to clarify the Euless portion.
Commissioner Dudziak stated not being comfortable with passing an
ordinance with a tremendous amount of wiggle room and not seeing the
requirements that have been outlined.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly
Absent: 1 -Taylor
gb Consider an amendment to the Master Thoroughfare Plan to remove
Heritage Avenue from Glade Road to Cheek Sparger Road, Case
G-07-016
See item 8a for the discussion of this item.
Commissioner Duffy moved to amend case G-07-016 to show Heritage
Avenue as a two lane road with an 80 foot right of way. Commissioner
Byerly seconded.
Commissioner Redfearn questioned staff regarding in the Master
Thoroughfare Plan, roads are either present or not, and they are
designated as two lane or four lane or otherwise. He questioned staff if
the roadways are designated with right of ways as well? Chris Fuller
replied they are designated with the right of way, correct.
Commissioner Redfearn questioned staff if the Master Thoroughfare
stipulates design? Chris Fuller replied it does, whether it be divided or
undivided, two lanes, four lanes. Commissioner Redfearn questioned
staff if every roadway has those elements stipulated? Chris Fuller
replied correct.
Commissioner Redfearn questioned for the two lane roads that are in the
Master Thoroughfare Plan, do they have consistent right of way
dedications associated with them, or do they vary? Chris Fuller replied
they vary.
Commissioner Phelps stated the 80 foot right of way creates a great
buffer between the two developments.
Commissioner Dudziak stated being in favor of the 80 foot right of way to
be able to create a four lane road for the future.
Commissioner Byerly stated he opposed the four lane road, but does
City of Colleyvil/e Page 16 Printed on 9/28/2007
Planning and Zoning Commission Minutes -Draft September 24, 2007
support the 80 foot right of way.
Commissioner Redfearn stated he supports the 80 foot of right of way.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Phelps, Duffy, Byerly
Absent: 1 -Taylor
9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
Chris Fuller reminded the Commissioners about the workshop that is
scheduled for Wednesday, October 3, 2007 at 6:30 p.m.
10. COMMISSIONERS' COMMENTS AND REPORTS
Commissioner Dudziak stated he would like to see the amendments
made to motions in the votes. Commissioner Byerly stated those are
typically in the minutes. City Attorney Kallas stated the conditions are
stated in the ordinance.
Commissioner Dudziak stated he would like staff to address those
drainages issues that are occuring on Hunter Lane and Shelton Drive.
He stated he would like city staff available on public record to address
those issues.
11. ADJOURNMENT
The meeting adjourned at 10:29 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, September 21, 2007 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville Page 17 Printed on 9/28/2007
~;~•<„
~~ City of Colleyville ColleyvilleaTexas76034
(817) 503-1000
'" ~ Agenda Briefing www•colleyville.com
File Number:
File Type: Case
Status: Commision Action
Items
Version: 1
Requester: Community
Development
Department
Agenda Date: 10/08/2007
Agenda No.: 10a
Controlling Body: Planning and
Zoning
Commission
Final Action:
File Name: Approval of Preliminary Plat for the Villas of Colleyville Addition located at 931-1013 McDonwell
School Road and 1100 Lavaca Trail, Case P-07-048
Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response
• Preliminary Plat
History of Legislative File
Version: Date: Acting Body:
1 10/08/2007 Planning and Zoning
Commission
Title
Approval of Preliminary Plat for the Villas of Colleyville Addition located at 931-1013
McDonwell School Road and 1100 Lavaca Trail, Case P-07-048
Explanation
John Fegan is the developer of 19.56 acres of land located just east of Precinct Line Road
between McDonwell School Road and Lavaca Trail. The developer has submitted a
preliminary plat, which will subdivide the property into 67 residential lots and five (5) open
space lots, for the construction of single family residential detached dwelling units. The
following is an analysis of the issues associated with this preliminary plat.
Zoning. The property is currently zoned PUDR-Planned Unit Development Residential
zoning district. A rezoning request for PUDR was approved on August 21, 2007 under
ordinance 0-07-1627.
The zoning requirements stated in ordinance 0-07-1627 includes single family detached
residential as the primary use with a maximum density of 3.2 dwelling units per acre. The
minimum lot size allowed is 6,655 square feet, the minimum lot depth is 115 feet and the
minimum lot width is 59 feet.
A minimum of 21 % of the total development is required to be used as open space, which
includes a 35 foot wide greenbelt required along the common property line with the
Rosewood Villas Addition on the east side of the development and Liberty Elementary
School on the west side.
City of Colleyville Page 1 Printed on 10/5/2007
A enda Briefin Continued
The preliminary plat meets the zoning requirements of ordinance 0-07-1627.
Access. All streets within the proposed development will be private with gates located at
each entrance from Lavaca Trail and McDonwell School Road. The gates will be
constructed according to the requirements of the Land Development Code.
Sidewalks and Trails. Sidewalks, four feet in width, are required to be constructed along
all streets within the development at the time the building permit is issued. The sidewalk
along Lavaca Trail must be a minimum of four feet in width. No trail is required along
McDonwell School Road as an existing ten (10) foot trail already exists.
Drainage. The developer has submitted a preliminary drainage analysis of the site, which
has been reviewed and accepted by the Engineering Department. According to the
drainage analysis, the development will provide on-site detention. Details of the proposed
drainage system and storm water detention pond will be submitted as part of the final plat
application.
Perimeter Street Improvement Requirements. Perimeter street improvements are
required since McDonwell School Road and Lavaca Trail are considered unimproved streets
and the plat contains more than one residential lot. The perimeter street improvement fee is
based on the projected roadway impact of the proposed development and the amount of
frontage along a public roadway.
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 the dripline of all preserved trees located outside the
right-of-way.
Parkland Dedication Fees. Parkland dedication fees are required in the amount of $1,802
per residential lot for the 67 lots where new homes are proposed. Parkland dedication fees
are due at the time of final plat. The fee must be paid before the plat is recorded with the
County Clerk's office.
Summary. The proposed development satisfies the requirements of the PUDR ordinance
for the property and the Land Development Code. Since the plat contains more than four
lots, the preliminary plat requires additional approval by City Council.
Recommendation
Approval
City of Colleyville Page 2 Pnnrea on wi~tvvi
Location and Zoning Map
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE September 18, 2007
TO JOHN FEGAN
FAX NO 817.282.1444
FROM Ron Ruthven, Development Coordinator
SUBJECT P-07-048 Villas of Colleyville Preliminary Plat
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. The following zoning related items require correction:
^ The zoning on the property requires 21 % open space. According to the plat only
20.49% is provided.
^ The zoning on the property requires a minimum lot size of 6,655 square feet. Lot
6, Block 1 is 6,568 square feet.
^ The zoning on the property requires a minimum lot width of 59 feet. Lot 8, Block
1 shows a lot width of 56.28 feet.
Change the lot configuration in order to comply with the minimum zoning requirements
stated above.
2. A $700.00 private street permit fee must be paid prior to the filing of the final plat.
3. All gates must meet the minimum standards of the Land Development Code.
4. Remove all signature blocks from the plat.
5. With regard to the construction of the "Welcome to Colleyville" sign, aCity/Developer
Agreement must be completed prior to the final plat being filed.
6. Provide a sign easement on the plat where the "Welcome to Colleyville" sign will be
placed and ensure that access will be granted to the sign to allow for general maintenance.
100 Main Street, Colleyville, Texas 76034 - 81 7.503.1050
DEVELOPMENT REVIEW COMMITTEE
P-07-048 VILLAS OF COLLEYVILLE PRELIMINARY PLAT
7. Note the 15 foot front building line across all lots.
8. Verify all connections with existing utilities and placement of new utilities with the Public
Works Department. Contact Mike Tekaucic, Utility Supervisor at (817)540-0609 for
more information.
In Your Response Letter, Acknowledge the Following Information:
PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of
approval of the final plat. Perimeter street improvements are required for the newly created lots
since McDonwell School Road and Lavaca Trail are considered unimproved streets. The
developer's portion of the costs for infrastructure improvements may not exceed the amount that
is roughly proportionate to the projected impact of the proposed development, as determined by a
professional engineer, licensed in the State of Texas, and who is retained by the City of
Colleyville. In making the rough proportionality determination, consideration shall be given to the
availability of adequate and minimum levels of public facilities and accessibility to the site for the
delivery of emergency services.
PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the
final plat. As new vacant lots would be created by the plat, the payment of parkland dedication
fees is required for this development. The fee for single-family residential development is $1,802
per new lot.
SIDEWALKS/TRAILS. The Land Development Code requires sidewalks on all public streets. The
sidewalks internal to the development and along Lavaca Trail must be a minimum of four (4) feet
in width and installed when any new structures are built on the property. The sidewalks along
McDonwell School Road must be a minimum of five (5) feet in width.
TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must
be preserved during construction. Before construction begins on the site, protective fencing must
be installed around all preserved trees located outside the right-of--way. The fencing must be
located at the dripline of the preserved trees. The protective fencing may be comprised of orange
vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The
fencing must remain in place during the entire construction period.
IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on a newly platted lot. The fees listed below are intended to provide
general information on the fees that could be assessed for this project. The actual fee paid may be
different depending upon the specific plans for construction or other arrangements provided for by
aCity-Developer Agreement.
ROADWAY $2,187 for a SINGLE FAMILY 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.
PAGE 2 OF 3
DEVELOPMENT REVIEW COMMITTEE
P-07-048 VILLAS OF COLLEYVILLE PRELIMINARY PLAT
TENTATIVE PUBLIC HEARING SCHEDULE
Planning & Zoning Commission: Monday, October 8, 2007, 7:00 p.m.
City Council: Tuesday, 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, October 1, 2007, in
order to make the scheduled hearings. Please contact me at ruthvenr~cr~ci.colleyville.tx.us or
817.503.1055 if you have any questions.
PAGE 3 OF 3
i
~a D e
~._J 0 ~ En ineerin & Surve ing
Balyd, Hampton ~ Brown, Inc. 9 9 Y
October 1, 2007
Mr. Ron Ruthven
Development Coordinator
City of Colleyville
100 Main Street
Colleyville, TX 76034
RE: Response to Preliminary Plat Review Comments -Villas of Colleyville - P-07-048
Mr. Ruthven,
Enclosed is the revised preliminary plat for Villas of Colleyville. In response to the review comments dated
September 18, 2007, we offer the following:
1 a. The zoning on the property requires 21 % open space. According to the plat only 20.49% is provided.
The lot configuration has been revised to meet the minimum lot size criteria. Under the revised lot
configuration, the provided open space is 179,675 square feet, or 21.08%.
lb. The zoning on the property requires a minimum lot size of 6,6SS square feet. Lot 6, Block 1 is 6,568 square
feet.
The lot configuration has been revised to meet the minimum lot size criteria.
lc. The zoning on the property requires a minimum lot width of 59 feet. Lot 8, Block 1 shows a lot width of
56.28 feet.
The width of Lot 8, Block 1 has been verified. Please note the angle point in the rear lot line. The total
width of the lot is 59 feet.
2. A $700.00 private street permit fee must be paid prior to the filing of the final plat.
We acknowledge that a private street fee must be paid prior to filing the fmal plat.
3. All gates must meet the minimum standards of the Land Development Code.
We acknowledge that all gates must meet the standards in the City of Colleyville Land Development
Code.
4. Remove all signature blocks from the plat.
All signature blocks have been removed from the preliminary plat as requested.
S. With regard to the construction of the "Welcome to Colleyville" sign, a Ciry/Developer Agreement must be
completed prior to the final plat being filed.
We acknowledge that aCity/Developer Agreement regarding the "Welcome to Colleyville" sign must
be completed prior to filing of the final plat.
~~ IVED
920 South Main Street, Old Main Place Suite 190, Grapevine, Texas 76051, www.bhbinc.com
Main: 817-338-1277, Office: 817-251-8550, Fax: 817-251-8810, Email: mail@bhbinc.com
Per .............
r
6. Provide a sign easement on the plat where the "Welcome to Colleyville "sign will be placed and ensure
that access will be granted to the sign to allow for general maintenance.
A sign easement has been provided at the northwest comer of the site, as shown on the plat.
Note the 1 S foot front building line across all lots.
The IS' building line has been labeled across all lots.
8. Yer~ all connections with existing utilities and placement of new utilities with the Public Works
Department. Contact Mike Tekaucic, Utility Supervisor at (817)540-0609 for more information.
Mike Tekaucic indicated that a note should be added to the utility plan that calls for the location of
existing water valves to be field verified. This note will be included in the final construction
documents.
In addition, we acknowledge the informational comments regarding perimeter street improvements, parkland
dedication fees, sidewalk/trails, tree preservation and impact fees listed in the review comments.
Please contact us with any further questions.
Thank you,
Baird, Hampton and Brown, Inc.
Joanna Kepler, E.I.T.
Graduate Engineer
Enclosures: Preliminary Plat - 10 copies
Preliminary Plat (reduced 8.5"x11") - 1 copy
CC: John Fegan - Villas of Colleyville, LLC
File
920 South Main Street, Ste 190, Grapevine, Texas 76051, Tel 817-251-8550, Fax 817-251-8810, mailQbhbinc.com
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t~j ~~~•~~ Agenda Briefing w~~colleyville.com
File Number:
Version: 1
Requester: Community
Development
Department
File Type: Case
Agenda Date: 10/08/2007
Agenda No.: 11 a
Status: Commission
Tabled Items
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 Letter for Shared Access
• Site Plan Draft Ordinance
History of Legislative File
Version: Date: Acting Body: Action Text:
1 09/24/2007 Planning and Zoning
Commission
1 10/08/2007 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
Update
The Planning and Zoning Commission tabled this item at the September 24, 2007 meeting.
The applicant has since submitted a revised site plan. The briefing has been updated
based on the changes to the site plan.
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
City of Colleyville Page 1 Printed on 10/5/2007
Agenda Briefing Continued
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.
Site Plan. The applicant has submitted a revised 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 site plan shows the building set back 40 feet from the front property line with the
existing 6 foot wall removed to accommodate four (4) parking spaces. Additionally, the
property owner has submitted a shared parking agreement allowing parking for the
proposed business to park on the adjacent property to the south. The proposed parking
meets the minimum requirements of the Land Development Code.
The site plan shows that the drive-thru window on the east side of the building will be able to
queue as many as 4 vehicles within the property, while the opposite drive-through window
can queue as many as 8 or more vehicles.
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. The
site plan may require alterations to internal circulation and stacking of traffic if the Texas
Department of Transportation does not approve the northernmost driveway. Staff
recommends that if a permit for the northernmost driveway on the property cannot be
obtained by the Texas Department of Transportation, then an alternate site plan, meeting all
the requirements of this ordinance and the Land Development Code, showing the changes
to internal traffic circulation and vehicular queuing to the drive-thru windows, be submitted
for administrative approval prior to the issuance of a certificate of occupancy.
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
City of Colleyville Page 2 Printed on 10/5/2007
Agenda eriefing Continued
being between 7:00 a.m. and 8:00 a.m.
Open Space. The PUDC regulations require a minimum of 20% open space. According to
the revised site plan, this development proposes an open space area equal to 47% of the
total development, exceeding the PUDC development requirement by 27%. Additionally,
the revised site plan shows a 20 foot landscaped buffer along the front of the property. The
applicant states that the area along the rear portion of the property 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.
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. The revised site plan submitted by the applicant has addressed many of the
concerns expressed by staff and the Commission.
Recommendation
Approval, with the conditions stated in the draft ordinance.
City of Colleyville Page 3 Printed on 10/5/2007
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 Bfvd
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 early 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 ow 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 particulaz 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 pazking area that is not
serving 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 further
reducing its configuration and s' lation 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 cwrent
owner to advance the property in a m 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 ow
customers, and the success of ow 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 future 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 ow employees on a yearly basis by providing people support and monetary support.
We will use ow 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 are
very excited about the potential of having this educated group of customers passing
through our business. This opportunity will be utilized to its maximum potential.
Hoare of Operation will be the following:
Monday- Saturday 5:45 A.M - 5:45 P.M
Sunday Closed
Development Schedale
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.
F..a.nnmie Develnpment
....~..~..~-- - - - --- r
otal Square 260
Estimated sales per year $234,750.OOAnnually
Estimated sales per sq ft $97$.13Annual
Estimated sales per sq ft $81.51 Monthly
EST. Ad Valorem Taxes rear TAX
roes an3a of the property proposed for zoning:
Building An=a 260 sq ft 1.s °~°
Paved Area 9,540 sq ft 57.8%
pen /Landscape area 6,700 sq ft 40.6°~
otal Area $$4~ ft 100°~
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CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE August 29, 2007
TO CHRISTY 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 ro 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 may be
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 DRNE-THRU 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 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;
PAGE 2 OF 3
DEVELOPMENT REVIEW COMMITTEE
Z-07-025 CC1 To PUDC
^ 10 full size copies of the revised exhibit;
^ 1 reduced copy (8.5x11) ofthe 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(c~ci.colle~ville.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 CC1 to PUDC 5101-S10S Colleyville Blvd.
Resubmittals per your request dated August 29, 2007.
E&C Holdings of Grapevine, LLC
2722 Hidden Lake
Grapevine, 7'X 76051
E&C Holduigs of Grapevine, LL.C
September 14, 2007
City of Colleyville -Community Development Department
Subject: Z-07-025 CC1 to PUDC 5101 - 5105 Colleyville Blvd.
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 l .1. Access to a public restroom will be provided. Key from staff member will
be required.
Acknowledgement 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.
Aclmowledgement 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.
Acknowledgement 3. Site Plan with driveway approaches and curb opening information will be sent
to TXDOT for approval.
............................
September 14, 2007
Page 2
Sincerely,
Christy Shaw
817-798-0805
christyshaw~verizon.net
Trip Buchwald, Agent
STATE FARM
K19 YEAR HONOR AGENT"
5025 Colleyville Blvd.
INSURANCE ColleyVille, Texas 76034
Office (817) 581-8563 Fax (817) 581-1809
EMAIL: trip,, r tripbuchwald.com
October 3, 2007
E&C Holdings of Crrapevine
Java Joz
2722 Hidden Lake Dr.
Grapevine, TX 76051
Dear Christi,
As owner of said property being located at 5025 Colleyville Blvd., I do herby agree to a
shared parking arrangement with E&C holdings of Grapevine.
Sincerely,
i
Trip Buchwald
RECEIVED
Per .............
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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-XXXX
Page 2 of 5
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning on
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 "6",
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 47% common open
space, as shown on Exhibit "B". 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-XXXX
Page 3 of 5
Development Code, except where amended herein.
c. A twenty (20) foot landscaped buffer shall be maintained along SH
26, except where adequate paved queuing space is necessary to
maintain the safe circulation of vehicular traffic on the property.
Such queuing space shall not exceed more than 15% of the
required landscape buffer area.
d. At least 25% of the total required landscaped area shall be located
within the front setback.
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. PARKING
a. This development shall be required to have a minimum of four (4)
parking spaces.
6. 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. If a permit for the northernmost driveway on the property cannot be
obtained by the Texas Department of Transportation, then an
alternate site plan, meeting all the requirements of this ordinance
and the Land Development Code, shall be submitted to the City
Manager's designee for approval prior to the issuance of a
certificate of occupancy.
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.
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.
Ordinance 0-07-XXXX
Page 4 of 5
Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall
not affect the validity of this ordinance as a whole or any portion thereof
other than that portion so decided to be invalid or unconstitutional.
Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
Sec. 9. THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires
that this ordinance shall take effect immediately from and after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2007.
The second reading and public hearing being conducted on the day of
2007.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit A -Zoning and Location Map
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Exhibit B -Conceptual Site Plan
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Exhibit C -Building Elevation 1
Exhibit C -Building Elevation 2
Exhibit C -Building Elevation 3
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