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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-12/10/2007City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com ~'' (~ ~, 7'c?.t.~ti Meeting Agenda Monday, December 10, 2007 6:15 PM City Council Chambers Planning and Zoning Commission ~~~~~~- City of Colleyville .~"'~ ~' „ Meeting Agenda r„` Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, December 10, 2007 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING COUNCIL CHAMBERS 1. CALL TO ORDER 2. ROLL CALL Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Knox 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES November 26, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat for Lot 1, Block 2 of the Oak Knoll North Addition on 0.61 acres in the H.R. Wall and Hall Medlin Surveys located at 1008 John McCain, Case P-07-058 City of Colleyville Page 1 Printed on 12/7/2007 Planning and Zoning Commission Meeting Agenda December 10, 2007 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential of 2.8 acres on Lot 1, Block 1 of the Burbank Addition located at 200 Black Drive, Case Z-07-035 8b Approval of a request for an amendment to a Special Use Permit for an accessory building on Tracts 1A01 D, 1A5 and 1 B04 of Abstract 1182 of the W.C. Newton Survey and Tract 1 B04 of Abstract 356 of the Isaac Carodine Survey located at 816 W. L.D. Lockett Road, Case Z-07-036 8c Approval of a request to amend the zoning and development requirements of the Planned Unit Development of The Villas at Oak Pointe Addition located at Oak Pointe Drive and Colleyville Boulevard, Case Z-07-037 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ADJOURNMENT 1 herel#~ certify the above agenda was posted on the bulletin boards at City Hall on Thursday, December 6, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 12/7/2007 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com ~ .k. T~~*.+ti Minutes -Draft Monday, November 26, 2007 6:15 PM City Council Chambers Planning and Zoning Commission --~~~ City of Colleyville ~~ ~ ~ Minutes -Draft ~.~. Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, November 26, 2007 6:15 PM City Council Chambers 6:15 P.M. PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on November 26, 2007 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy and Jeff Byerly Absent: Commissioner Dave Dudziak Staff Present: Chris Fuller, Ron Ruthven, Jeremy Hutt, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Duffy. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Byerly moved to approve the November 12, 2007 meeting minutes with the corrections made to page 5, "in tact" to "intact"; and to add Commissioner Byerly instead of "He stated..." to the beginning of the Commissioner's comments section. Commissioner Knox seconded. City of Colleyville Page 1 Printed on 12/6/2007 Planning and Zoning Commission Minutes -Draft November 26, 2007 The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Dudziak 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Consideration of a Minor Plat for Lot 1, Block 1 of the Thomas Cole Addition on 1.9 acres out of the T.J. Polson Survey located at 4812 Bransford Road, Case P-07-051 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Duffy moved to deny case P-07-051. Commissioner Clardy seconded. Commissioner Byerly stated the denial is without prejudice. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Dudziak 7b Approval of Final Plat for the Villas of Colleyville Addition located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case P-07-056 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Duffy moved to approve case P-07-056 with the amendment that the Homeowner Association annual maintenance fee be $275 per lot. City Attorney Kallas stated it would be appropriate for the motion to be a stated as a recommendation to City Council that the fee be $275 per lot per year. Commissioner Phelps seconded. Commissioner Phelps stated he has been assured that the lesser of the two entrances has enough space for queuing and turn around. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Dudziak 7c Approval of the Preliminary Plat for The Reserve at Colleyville being 92 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-059 City of Colleyville Page 2 Printed on 12/6/2007 Planning and Zoning Commission Minutes -Draft November 26, 2007 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff if the only thing that has changed regarding the plat for this project is the phasing of the project? Ron Ruthven replied correct, four phases have been added to the plat, nothing else has changed. Ron Shirley, the applicant, and Kevin Kessler, Engineer for the project, came forward to present the case and brief the Commission. Commissioner Redfearn questioned Mr. Shirley regarding why did the plat, which was previously approved, expire, why was it not filed with the County? Mr. Shirley stated they were working with staff as well as an interlocal agreement with the City of Keller. He stated because there were some issues with the interlocal agreement and with weather conditions creating erosion control measures to be taken with the adjacent properties, they just were not able to meet the deadline for filing the plat. Mr. Kessler stated the preliminary plat that was approved did not account for any phasing and the Land Development Code specifically states that if the development is going to be phased, it has to match the preliminary plat. Commissioner Redfearn moved to approve case P-07-059. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 7d Approval of the Final Plat for Phase I of The Reserve at Colleyville being 47 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-060 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly moved to approve case P-07-060. Commissioner Knox seconded. Commissioner Duffy questioned staff if the Homeowner Association (HOA) documents have been filed? Ron Ruthven replied yes. Discussion occurred between Commissioner Phelps, staff and Kevin Kessler, the Engineer for the project, regarding the traffic flow during the phasing stages of the development and the time frame for the development. Commissioner Redfearn questioned if the phases are numbered in the City of Colleyville Page 3 Printed on 12/6/2007 Planning and Zoning Commission Minutes -Draft November 26, 2007 way that they will be developed? Mr. Kessler replied not necessarily, however, they will build the lots that are listed in each phase during that time of construction; for example, all lots listed in phase 2a or 2b would all be built at the same time. Discussion occurred between Commissioner Phelps and Mr. Kessler regarding the trail system. Mr. Kessler stated the intention is to build the trail during the phasing process, but not sure at this time how it will be constructed. Discussion occurred between Commissioner Phelps and City Attorney Kallas regarding any amendments that would need to be made to the plat for the trail system. City Attorney Kallas replied the construction of the trail would be the developer's decision with regards to when and where constructed. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 8. PUBLIC HEARING AGENDA ITEMS 8a Consideration of a Replat for Lots 1 RA and 1 RB, Block 1 of the K.R. Marsh Addition on 5.7 acres being Lot 1, Block 1 of the K.R. Marsh Addition located at 2201 Oak Knoll Court, Case P-07-055 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:33 p.m. Jenson Gainer, the applicant, came forward to present the case, brief the Commissioners and state that he did not want to put his wife's grandparents in a bind by moving the 100 year flood plain area into a drainage easement; he is only purchasing a little over an acre from them to build his home. He stated they have met every other requirement. Commissioner Duffy questioned Mr. Gainer regarding how would the labeling of the drainage easement put the property owner, the grandparents, in a bind? Mr. Gainer stated he did not want to place a greater restriction on the property than what is currently on the property. Commissioner Duffy stated it would only mean a habitable house is the only thing that could not be built. Mr. Gainer stated he did not want to make any changes to over 2/3 of their property from the 100 year flood plain area to a drainage easement when it is not his property to make those changes. Commissioner Duffy questioned staff regarding how would the labeling City of Colleyville Page 4 Printed on 12/6/2007 Planning and Zoning Commission Minutes -Draft November 26, 2007 of the drainage easement put the property owners in a bind? Ron Ruthven replied labeling the flood plain as a drainage easement would add a few more restrictions in regards to what could be placed, structures, in a drainage easement. He stated if the plat were to be approved as presented with no drainage easement on the flood plain, the property would still be subject to the City's flood ordinance. Commissioner Duffy stated the easement gives the City access to the land. He questioned staff if the easement is a lot more restrictive or the same as the flood plain. Ron Ruthven replied the easement would add a few more restrictions with regard to putting a structure in the flood plain. Commissioner Clardy questioned Mr. Gainer regarding if the foot print of the new house is not going in the flood plain area? Mr. Gainer replied his house would not be in the flood plain area. He stated the flood plain area is not actually on his property, it is on Mr. Marsh's, wife's grandparents, property. He stated Mr. Marsh has had the same restrictions on his property for 25 years and he stated he did not want to put anymore restrictions on Mr. Marsh's property than what is already in place. Commissioner Byerly questioned Mr. Gainer if there are any plans to put any structures in the flood plain area? Mr. Gainer replied no, not on his land and he stated Mr. Marsh does not have any plans either. He stated they are restricted as is. There being no one wishing to speak, the public hearing was closed at 7:41 p.m. Commissioner Duffy questioned staff regarding what right does the City have to be able to gain access to the property if it floods? Ron Ruthven replied if it is labeled drainage easement, it allows the City certain rights to access the easement. Commissioner Duffy questioned staff if an easement that follows the creek bed could be labeled for clean out if the area floods? Ron Ruthven referred to Jeremy Hutt, Engineering. Jeremy Hutt replied the City would have to get a right of entry from the property owner to do routine maintenance. Commissioner Duffy questioned Jeremy Hutt if there were a drainage easement in place, would the City have to get a right of entry? Jeremy Hutt replied no. Commissioner Duffy stated he did not want to take 2/3 of the property, however, he stated he does want the City to have access to the creek bed and surrounding area because of the flooding. Jeremy Hutt stated the Land Development Code allows the City easement for the entire flood plain. He stated the Commission could limit it to a flood way, which is a smaller portion of the flood plain, to be incorporated into a drainage City of Co/leyville Page 5 Printed on 12/6/2007 Planning and Zoning Commission Minutes -Draft November 26, 2007 easement which will encompass the creek bed that would allow for the routine maintenance. Discussion occurred with Commissioner Duffy and Jeremy Hutt regarding the location of the flood way versus flood plain areas. Commissioner Byerly stated there would need to be more engineering done to determine those areas. Commissioner Byerly questioned Jeremy Hutt regarding what are the differences between what can be done with a drainage easement and the current flood plain area, what does that gain for the City? Jeremy Hutt replied the drainage easement gives the City a lot more authority on what gets placed out there. He stated if there is anything to be done in the drainage easement, there are forms to fill out that would have to be approved through the departments. He stated if it is just a flood plain area, not all departments would be involved. Commissioner Redfearn questioned Jeremy Hutt regarding if the City has ever attempted to maintain or clean anything on this property? Jeremy Hutt stated not being aware of any on the property, he stated being aware of things in the creek, but not sure on the exact locations. Keith R. Marsh, the property owner, came forward and stated the City has never been on the property to clean. He stated he has no objection to the City going in and cleaning for drainage. He stated he does have a severe objection to an easement being forced on him in order that he can replat to allow for his grandson and granddaughter to build their home. He does not agree to the property being taken and nothing being given in return. Commissioner Phelps questioned Mr. Gainer regarding if only the new lot could have the drainage easement labeled on it as opposed to the entire property? Mr. Gainer stated he did not have an issue with it, but his lot does not contain any of the flood plain area on it. He stated he really has not looked at it much and stated he does not fully understand the drainage easements. He stated he would really have to looked into it a little further. Commissioner Phelps questioned staff if the documentation only needs the flood plain area labeled? Ron Ruthven replied yes. Commissioner Phelps questioned staff if that is what is currently in place? Ron Ruthven replied the plat that is being replatted only shows the drainage easement, he stated the original plat does not show the drainage easement, it only shows the flood plain. Commissioner Phelps questioned staff if the replat is what is triggering the drainage easement requirement? Ron Ruthven replied yes, it must be brought into compliance with the current subdivision regulations in the Land City of Colleyville Page 6 Printed on 12/6/2007 Planning and Zoning Commission Minutes -.Draft November 26, 2007 Development Code, with the remainder of the property and the new lot that is being created. Commissioner Clardy and staff discussed the location of the easement with regards to the plat. Commissioner Redfearn questioned staff regarding what would happen if the whole lot were to fall in the 100 year flood plain? Ron Ruthven replied the lot could still be platted, however, when the building permits were issued, it would have to comply with the flood plain ordinance, it would be one large drainage easement. Commissioner Redfearn questioned staff if the Commission could have the option of a flood way instead of a flood plain? Chris Fuller replied it would be an option, which is why Jeremy Hutt was referred to earlier regarding the differences between the flood plain and flood way. Commissioner Duffy questioned Jeremy Hutt regarding if the flood way is defined? Jeremy Hutt replied it is defined, but it is not included on this plat. Commissioner Duffy made a motion to table this item. Ron Ruthven replied this plat can not be tabled, it must be acted upon because of the 30 day expiration. Ron Ruthven stated the Commission can move to approve the plat with the waiver condition attached, if the applicant agrees to it. He stated if the Commission wants to see a drainage easement as mentioned previously moved closer to the flood way, wherever that is, the waiver could be approved with that recommendation, however, he stated he did not recommend it. City Attorney Kallas replied the Commission has the power to approve a partial waiver, if that be a waiver for the flood plain, drainage easement regulation and reducing that to a flood way. He stated the flood way is defined by the flood maps of FEMA, which is available for review, and defined by those maps in this situation. He stated it would not be a known factor at this time, but the flood way is usually the lowest spot on the ground, around the creek. He stated if the Commission approves the plat, without seeing the map, and the plat needs to be acted upon today, the Commission would be holding the approval of the flood way on the plat up to the unknown factor. Commissioner Duffy stated he has seen that area flood and he does not know where the flood way area is either, or how it encroaches on the property. He stated he would like the Commission to have some City controlled access to the whole creek or flood way area. City of Colleyville Page 7 Printed on 12/6/2007 Planning and Zoning Commission Minutes -Draft November 26, 2007 Commissioner Byerly stated the applicant is not bound to accept that. He stated if the Commission makes that a notation on the plat, given the waiver, the applicant can let the plat expire and not ever file the plat. Commissioner Duffy questioned staff if the plat could be denied without prejudice. Commissioner Byerly stated there would be not prejudice if the plat were denied. He stated the applicant would have to agree to the waivers or notations on the plat. Mr. Gainer stated on all of the plans that he has seen, the flood way is very close to the flood plain. He stated he did not have an issue with giving access to the City on his property. He stated he would like to research and study more about the issues regarding the flood plain, flood way and drainage easements before agreeing to anything so that the Commission could approve the plat. Commissioner Knox questioned staff if a waiver could be granted for one of the lots and not all? City Attorney Kallas replied yes, the Commission can give a partial waiver, however, he stated not sure how it would benefit the enforcement of the drainage easement. Commissioner Byerly moved to deny case P-07-055. Commissioner Duffy seconded. Commissioner Redfearn stated this gives the applicant and the family more time to sort through all of the options. He stated the Commission has a willingness to honor what is needed to be done with what could be a problem in the future. Commissioner Byerly stated the motion to deny is not saying the Commission is not willing to work on a compromise, however, without having the flood way in front of the Commission now, it is better to not move forward. Commissioner Phelps stated being very sympathetic to land rights, however, regulations have changed and the City is trying to protect all people in the area. He stated gaining some access is necessary. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None City of Col/eyville Page 8 Printed on 12/6/2007 Planning and Zoning Commission Minutes -Draft November 26, 2007 10. COMMISSIONERS' COMMENTS AND REPORTS None 11. ADJOURNMENT The meeting adjourned at 8:08 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Wednesday, November 21, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 9 Printed on 12/6/2007 rill (~! ~ , ~ ~- Clt of Colle V~~~e 100 Main Street ~ ~l"„~~ y Y Colleyville, Texas 76034 '~ (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: 12/10/2007 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Minor Plat for Lot 1, Block 2 of the Oak Knoll North Addition on 0.61 acres in the H.R. Wall and Hall Medlin Surveys located at 1008 John McCain, Case P-07-058 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 12!10/2007 Planning and Zoning Commission Title Approval of a Minor Plat for Lot 1, Block 2 of the Oak Knoll North Addition on 0.61 acres in the H.R. Wall and Hall Medlin Surveys located at 1008 John McCain, Case P-07-058 Explanation Ryan Fincher is the developer of a 0.61 acre tract of land located at 1008 John McCain Road. The developer submitted a request for approval of a minor plat that will consist of one residential lot. Zoning. The property is zoned R20-Single Family Residential. 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 lot meets the minimum lot size and lot width requirements of the R20 zoning district. Existing Conditions. There is an existing single family home on the subject property that the developer intends to demolish in order to construct a new home. Drainage. A lot grading plan will be necessary at time of building permit for the construction of a new home. The Engineering Department will review and accept lot grading plans during the building permit process. Sidewalks. The Land Development Code requires a sidewalk along Cedar Court and John McCain Road. The sidewalk along Cedar Court must be four (4) feet in width and the sidewalk along John McCain Road must be five (5) feet in width and constructed as new City of Colleyville Page 1 Printed on 12/7/2007 Benda Briefing Continued structures are built on the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not required due to the presence of the existing home. Tree Preservation. Trees not located within the building footprint must be preserved during construction of a new home. Before construction may begin on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 12/7/2007 Location and Zoning Map 7304 7395 ---~ 7212 r - 1 213 r, i ~ 7300 730, 1200 7300' 7301 ~` 7109 ~I +r 7206 72W Y ~~ t 7206 f ~' 71Da 1 ~-_ 72~~ ~ T2L1 7204 7205 - / f 7204 ~' . -` l 7t 17 ~` ~"7q ~~ -`~ 101 7201 ? ~ 1~ 7200 t 110 1Q _~~ ~ 7100 ~ 110R ~. Jute 7113 ( ~ +~ 7105 7112 7119 r 1110 ~. ~ ~ - _.' ~ ~~ ° ~V 7108 7109 1008 7109 1108 - t -_ _ 1-_ 7D 20 7112 113 71.17 l \ r ' i 7 AG R 0 U 7 l 5 - 7108 ID9 7108. . , 9 701? 901 7104 105 7104 105. X08 7100 101 7T00 101 7004 901 - - -- 7012 013 7012 7013 7000 5809 7008 7008 7008 ,7009 Rata ;.ifalL CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE November 19, 2007 TO RYAN PINCHER FAX 817.490.9302 FROM Ron Ruthven, Development Coordinator SUBJECT P-07-058 Minor Plat -Block 2, Lot 1 Oak Knoll North Addition The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The following comments require a response from the applicant: 1. Change the name of the plat from "Oak Knoll North" to "Oak Knoll North Addition". 2. Only 37.5 feet ofright-of--way dedication is required along John McCain. Change the plat to reflect this number. 3. Will the existing house remain in the property? If so show the house dimensions on the plat. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. There are no perimeter street improvement fees due since there is an existing house on the property. 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 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 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-07-058 MINOR PLAT OF OAK KNOLL NORTH be installed around all preserved trees located outside the right-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION. There are no parkland dedication fees due since there is an existing house on the property. SIDEWALKSITRAILS. The Colleyville Pathways Plan requires a four (4) foot concrete sidewalk to be constructed along Cedar Court and a five (5) foot concrete sidewalk to be constructed along John McCain Road. where none exist upon issuance of a building permit if the lot is to be redeveloped with a new home. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, December 10, 2007, 7:00 p.m. Please submit the following to our offices: A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, November 30, 2007, in order to make the scheduled hearings. Please contact me at rutl-venr~.ci.colleyville.b~.us or 817.503.1055 if you have any questions. PAGE20F2 From: vititow jim Sent: Tuesday, November 20, 2007 1:11 PM To: Ron Ruthven Subject: John McCain Lot Good day Ron, As for the three line items you faxed over and pertaining to our conversation earlier. 1) I will have 12 more copies printed off saying "Oak Knoll North Addition" vs. "Oak Knoll North" 2) I have noted the variance of only 37.5' 3) The existing house will not remain on the property as we will be building a new house there. 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I R ~I.3. ~ - I ~ - - - - - H1Vd ~Sa313d I ie or ~ , ~ n ~ I ~x I - o ~ I I z; a= .. ~~- ;I .I ~m U W ~~ S ~~ i~- ~ ° S ~I o `n '~^ x ~ .~~` ° I ; 3 = o s 3 R~ ~Q m I I ~ 8 I ~ I ~ L --- 9SLCI _ - - - - t E ~- ' ^ S OS'L[ ~ 90'SLl 3.00,90AON ~ g Y 8 { F _ .g ~ O ~ ~'d ~,. ~ 7S ~~ ry Z I )~'' bd 'Y ly. 2, U : ,. ))byb F z [$a ~6 O ' ~~~S~Y s r )b~ b~1S ~- _ _ _ d~tieb ~ 3Nt x~-~~ 0~~3 6~ W'd'y §~3 3S i iainva -d- Cµ 4 ~! _ ~ i ~~ ~ a ~. n s ~ ~3 ~ 3s 9 3 a ~. ~b 4~ i ~ ~e s a d A" nh of o{ SE c Ypb €5 ~; ~mmYm o~i~~~~ ~6~03007 ong G~ t -` _.__ Cit of Colle N~~~@ Colle0v0ileaTexas76034 (817) 503-1000 ;~..;_ Agenda Briefing vvww.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 12/10/2007 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential of 2.8 acres on Lot 1, Block 1 of the Burbank Addition located at 200 Black Drive, Case Z-07-035 Attachments: Location and Zoning Map Notification List Development Review Committee Memo Applicant's Response Zoning Exhibit Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 12/10/2007 Planning and Zoning Commission Title Approval of a request for a zoning change from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential of 2.8 acres on Lot 1, Block 1 of the Burbank Addition located at 200 Black Drive, Case Z-07-035 Explanation Joel Lenamon submitted a request to rezone 2.8 acres of land located at 200 Black Drive including a portion of Black Drive right-of-way. The applicant is requesting to rezone the property from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential. Lot Layout 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 four (4) lots and a public street that meets Land Development Code requirements. The developer intends to pursue development of five (5) lots by seeking the abandonment of the westernmost portion of Black Drive, as indicated on the attached zoning exhibit. Street Abandonment. As shown on the zoning exhibit, the developer proposes to abandon the portion of Black Drive that "dead ends" adjacent to the subject property. The abandonment process will require approval by City Council at a later date. If approved by the City Council, the developer intends to purchase the abandoned right-of-way and replat the properties to the lot configuration shown on the zoning exhibit. City of Colleyville Page 7 Printed on 12/7/2007 Agenda Brietinq 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 single family residential. The property to the north is zoned PUDR-Planned Unit Development Residential and R40-Single Family Residential and contains single family homes; the properties to the south and west are zoned PUDR-Planned Unit Development Residential and contain single family homes, and the property to the east is zoned R40-Single Family Residential and is developed as a single family residence. Public Notification. Staff mailed notices to 24 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Summary. The proposed zoning request is compliant with the Master Plan. The proposed lots meet the R20 zoning district requirements. In the event that the portion of Black Drive proposed for abandonment is not approved by the City Council, the property could still be subdivided into four (4) lots. Recommendation Approval City of Colleyville Page 2 Printed on 12/7/2007 Location and Zoning Map ____ - -_ ~~ 101 105 ~~~~~~ 108. 113 117 121 t25 ~~ 490: 4904 4^; 09 480& 17 1 r^. l 7 47ua Y ' l r~ ~/ ~ aao5 4eG7 . 47n5 a7o2 ~ ' ~ ,~ ~' 470b `~ ~ 4703 47CH 47118 ~ 4701 ;~_ >//.~.~` 4702 ~ ~/ `~ ~ ~~ 4705 ,'/ aeus i ~ 1 r 470D PUI ~ 47L0 ~ ~~ ~ ~ 47G1 ~~ 4603 ~`~ rC_ \ a7uo ti -~?~' 48D4 _ ' ' aeo5 ~ /~~ ~~ iaz ' \\\ /` `' 4B UO \ 4eoa \ ~ ~~~ ~ ~ i 1 u+3 i l n 112 1 V< ~ ~ ~ 4g0y 301 305 30u 313 405 ' Site ~ ~~ ~ 4sn5 4fi Ul 4813 4c01 2~~ 30o aua 309 312 4ou 470 R40 4707 5C~ 4705 _ __ -- -- 4103 4703 2U2 2W 20C 708 210 70, 4RF a7o1 4701 . ------. 7 a, ~~ _ a6[ro zm as~>e 4605 2G1/// ~ 1- 4607 460 203 205 4863 4605 46n7 2GO ,,,, ~ ``+j~ ~ 46n; ___ 204 7C~ 2Q2 210 212 460t '3a D<i 101 Notification List OWNER OWNER OWNER ACCOUNT OWNER_NAME OWNER_ADDR CITY STATE ZIP 04103173 Haggard, C L 301 Glade Rd Colleyville TX 76034 06462111 Smith, Lester Jr 130 Mill Xing E Colleyville TX 76034 06462146 Savells, Patricia Ann 4809 Mill Creek Dr Colleyville TX 76034 06462480 Kilkelly, J T Etux Elizabeth 125 Mill Xing E Colleyville TX 76034 06462154 Williams, Reginald & Maryella 4807 Mill Creek Dr Colleyville TX 76034 06462162 Macpherson, Douglas Etux Andre 4805 Mill Creek Dr Colleyville TX 76034 06462499 Bentz, Gerald Etux Carolyn 4808 Mill Brook Dr Colleyville TX 76034 06462170 Crowder, William J Etux Sujata 4803 Mill Creek Dr Colleyville TX 76034 04103181 Freeman, Elva PO Box 84 Colleyville TX 76034 07328532 Navasota 200 Black Llc 200 Black Dr Colleyville TX 76034 06462189 Saiyed, Kalim Etux Jabeen 4801 Mil! Creek Or Colleyville TX 76034 06462197 Walker, Larry R Etux Natalie 4709 Mill Creek Dr Colleyville TX 76034 06462200 Hix, Richard B & Janet Lewis 4707 Mill Creek Dr Colleyville TX 76034 06462219 Campbell, Kenneth C & Darlene 4705 Mill Creek Dr Colleyville TX 76034 06462227 Lucchesi, Frank J Etux C 4703 Mill Creek Dr Colleyville TX 76034 06574947 Pickwoad, Lauren Midgley 210 Mill Wood Ct Colleyville TX 76034 06574939 Lobue, Paul M Etux Ellen M 208 Mill Wood Ct Colleyville TX 76034 06574920 Shields, Bradley S Etux Holly 206 Mill Wood Ct Colleyville TX 76034 06574912 Chang, Mike Etux Kuan Lan Chen 204 MiH Wood Ct Colleyville TX 76034 06574904 Grussendorf, Dianne Etvir Paul 202 Mill Wood Ct Colleyville TX 76034 06462235 Burbank, Joseph C Est & Teresa 4701 Mill Creek Dr Colleyville TX 76034 06574890 Jordan, Norvell L Etux Mary C 200 Mill Wood Ct Colleyville TX 76034 06574858 Friedman, Scott Etux Miki A 207 Mill Wood Ct Colleyville TX 76034 City of Colleyville Joel Lenamon, applicant Mill Creek HOA 100 Main Street Colleyville 4016 Gateway Drive, Suite 130 CoAeyville 213 Mill Crossing West Colleyville SiTUS_ADDR 301 Glade Rd 130 Mill Crossing E 4809 Mill Creek Rd 125 Mill Crossing E 4807 Mill Creek Rd 4805 Mill Creek Rd 4808 Mill Brook Dr 4803 Mill Creek Rd 300 Black Dr 200 Black Dr, Subject Property Owner 4801 Mill Creek Rd 4709 Mill Creek Rd 4707 Mill Creek Rd 4705 Mill Creek Rd 4703 Mill Creek Rd 210 Mili Wood Ct 208 Mill Wood Ct 206 Mill Wood Ct 204 Mill Wood Ct 202 Mill Wood Ct 4701 Mill Creek Rd 200 Mill Wood Ct 207 Mill Wood Ct Portion of Black Drive ROW, TX 76034 Subject Property Owner TX 76034 applicant TX 76034 Notifications were mailed by Amy Shelley on Thursday, November 29, 2007. Signature CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE November 19, 2007 TO JOEL LENAMON FAx 817.545.3638 FROM Ron Ruthven, Development Coordinator SUBJECT Z-07-035 200 Black Drive - R40 and PURR 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: The Engineering Department requests that a preliminary drainage analysis be submitted as part of the rezoning request. Contact Chad Bartee, City Engineer, at 817-503-1095 for more information. 2. Submit a metes and bounds survey of the portion of Black Drive proposed to be abandoned by the City and rezoned to R20. This item cannot be scheduled for consideration by the Planning and Zoning Commission until this item is submitted and accepted by staff. The right-of--way abandonment proposed for Black Drive will require City Council approval as an independent case, separate from this zoning request. Therefore, the separate consideration of any right-of--way abandonment should be taken into account when preparing development plans for any future development of the subject property. 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 Black Drive. Depending upon future proposed lot configurations and whether or not any existing single family structures will remain on the property at the time of replatting, perimeter street improvements will be required for a newly created lot(s) since Black Drive 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. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-035 200 BLACK DRNE R40 & PUDR To R20 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 constrcuction 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. Any assessments for this property are contingent upon future lot configurations and whether or not any existing single family homes exist on the property at the time of replatting. SIDEWALKS. Four (4) foot sidewalks will be required along all public streets, existing and/or proposed, associated with the proposed development and are required to be constructed when new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, December 10, 2007, 7:00 p.m. City Council: Tuesday, January 8 and January 22, 2008, 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; The above requested items must be submitted no later than noon on Friday, November 30, 2007, in order to make the scheduled hearings. Please contact me at ruthvern~!cilci.colleyville.tx:us or 817.503.1055 if you have any questions. PAGE 2 OF 2 From: Joel Lenamon ~~~ Sent: Tuesday, December 04, 2007 12:15 PM To: Ron Ruthven Subject: Re: DRC for your zoning case Ron, in response to your letter: 1) The site is not located in a flood area and we do not expect any unusual drainage issues. There is a storm water sewer inlet located at the SEC of the property and the proposed improvements to Black Drive will provide storm water detention. As you know, I am using a well respected engineering firm to prepare all of the required plat submissions, and based on our preliminary meetings and discussions with you and the city, I can meet the usual and customary requirements for our proposed improvements. 2)1 have submitted the metes and bounds as requested. 3) I will address the right of way abandonment of the existing portion of Black Drive in the manner that you deem appropriate and I look to your guidance in that respect. The existing Black Drive is a dead end, poorly maintained road which does not provide any of the fire access that the city requires; conversely, the new proposed Black Drive will conform to city ordinances and provide excellent fire access for the proposed and surrounding dwellings. In addition to the above, I acknowledge that you have provided me with information regarding the perimeter street improvements; impact fees for roadway, water and sewer; tree preservation; parkland dedication fees and sidewalks; and, any proposed improvements wilt conform with those requirements. Thank you for your help in this matter and please fee free to contact me if you need any additional information. Joel Lenamon The Navasota Group 4016 Gateway Drive Suite 130 Colleyvllle, TX 76034 (872) 467-2229 cell (817) 545-3637 office {817) 5453838 fax www.navasotaaroup.com iuw~+c:0\P~CfS\7MFC~\rur~t~urntVasgcou><Y~ f BL^.4GOftDERDNa.~rORZ..2g078:18ww.lr~i ~v O --.tt O o ~ g~ ~ S~ ~ 2 ~ o ~V g b i • O .. \ ` /~ r~Cy,( V^~ ~I ~=~0 •~ i ` ~ Y ~;, b ;; . • `~ ~ ii11 ., .: ^~~~ ~ y • ., (_/11 ~o `~ ~" ~ o 1 5 !~ NO ~s e~ N Z ~ ~ o n ~~ ~ ~~ _ Z ~ D ~ o m X S ~ ~ ~ r m ~ ~~ y ~~ ~ ~ x ~ ~ _ o p O ~~ ~ --' Qi -' m -a ~ v ~ F O A ~~ ~ Z V~~88~~ ~.,1 yyZ~ ~ ~~~~~CpCp $'L p~~O Li! ~ ~~ S pp !! '~, V JJ CpW ~~~ N t=/I V ~ AZ pup~01 C Q~9 • O I !'~~ t __ 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 LOT 1, BLOCK 1 OF THE BURBANK ADDITION AND APPROXIMATELY 0.24 ACRES OF BLACK DRIVE RIGHT-OF-WAY, FROM THE PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT AND THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-07-035; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular 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 3 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 Lot 1, Block 1 of the Burbank Addition and approximately 0.24 acres of Black Drive right-of--way, from the PUDR-Planned Unit Development Residential zoning district and 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, a portion of which, is 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-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. 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 -- ioi io3 ~ - J, aL~ ~u~ ~, ~ ~/J~ soy ana ais 40, 10G fi3 itr ui ` i2s ~ f i 4a07 a~5 Site ~~ ~ aaoz 4aoa a6o5 -___ f1 aaGO ~ 4aua ~ 3 ~~ ~ ~ - _ I as ~ . ,, ~ - ~, a7[4 '~ aeui _ / ~ aau3 as n5 ~ _ ~ r ~~ a9G7 3GU 200 ?(tii ^Gc 312 40. / 4702 % / ~ 47 u5 ~ 47 G0 ' ~ ~~ / ~~ ~ ~~~ / 4708 ~/ 4703 ,/4704 / 7 ~~ 4769 4707 5Ca3 /,[ \ ~ `` r ~ ~ \ __- j / 4701 ~" Y C a7G? -~ i -_ 47~ / .. / `V /`~ ~~4706 ~'l a006 ~~ 4700 .---~ -- - - 4700 _ ~~~ ~ ~f~ A a703 ~ 202 20a 200 206 110 170 305 405 4601 '~-. ~-_ / ,~ ~ 4i01 ~ ~ ~ 7 / 47W ~\ 4701 ~ ~ a004 ~ ~ 7 `` 200 / in2 ~ A ~~~,, a6~ ~ a6w 4~0~ 2G, aeo aLG7 104 ~ ~ .~~ ~ ~~ a~aa 203 205 ~ ~ 4005 110 ~~~~ / 10ti 1 1trd ~~~_ - 1R ;00 4802 202 ~ ~ _ 4 4603 -~ ~~ 1 - ~ -._ ~ zn ~ ' z~6 zoa 2io - ~i2 __ ~.....____ 800 ` ) ti.. 4601 101 EXHIBIT "B"-Legal Description L~c~, nESC~~~aN ~oR R4.W. BLACK S'~ET T3~iNC A u~.~cRlpTioN OF A ao' TtxG,ilT OF wAY LOGAr,En a LorrG THI soup LTNL o~ LOT I BLOCK 1 OE HLT~2BANK ADDTTit3N AN AUni'i'i.O)v TO THE CITY OF Cf')LLEYVILL>i, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT THERE OF RECORDED IN CAB1~'+TB1 A SLIDE d839 pF THE Pi.AT RECORDS OIZ' TARRAt~IT COUNTY, TEXAS ATVD BEING MORE PARTiCULA$LY bE5CRIBED AS FOLLOWS: BEGINNiNa A7' A'fi" DtON ROD SET AT THE SOUTH. W.R,ST CQRivER ©FSAiA L0'C 1.OF SAiD Ai:IDT'i'iON AND BEiNC THE t~TORTRWEST CORNER t?F THE ItIGI#'I' tfF wAY LINE OTC SATI) BLACK STREET AND $E1NG JN TIC T;AST LiNE OF LOT 9 IN $LOCK D OF M1LL CREEK ADDITION PHASE i AN ADDITIgN TO TIDE CITY OF COLLEYVILLI~, TAitT:tAN'I' COUNTY, TEXAS ACCORDING TO THE MAP OR PLAT TII.EREOF RECORDET~ IN CA~HINI;T A, SLIDE S95 OF TH1~ PLAT RECORDS OF TARRANT COUNTY, TEXAS; TNENCE SOUTH 89 AEGREES OS MINUTES 24 SECONDS EAST W[T.H THE SOTJT$ LINE aF SAID LOT 1 ANU THE NORTFI RiCHT OF ~I?~X LINE OF SA1D BLACK DRIVE A bI5TANCE OE 2Sd.5{f k`ET%T TO t~'/," tRQN R0D SET F'(?It GO.RNER AT TI~II;'SOUTifiEAST CORNER QF SAID L07 ]; THENC1i SOUT.II QiI DEGRT'ES t0 TKINIJTEB I9 SECONDS EA5'T ACRQS5 TI~IE ItltiT~T`VI? WAY OF BLACK D.RtVE A DIS"I'ANCE O,i: 40 FRET TO h POINT TN THE N'OIZTH LINE Off' i.OT 29 T3LQCK b OZ+ MILL CREEK ADDIT.1©N, PHASE III AN ADDITION T4 T~iit CITY OT< C4LLEYVILLE, TARRANT CULtNTX, TEXAS:A~CCUItTaTNG THE PLAT THEREOF RT~QitT3JEA TN Ch$i1~iET A, SLIDE 1162 OF 'CH1; T'LAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE WI'Y'N SAm NtIRTH LINE O.F SAID A~Dbi?lON NORTH 89 DEGREES 06 MINUTES 24 SECONDS WEST A AISTANCE OF 255.11 FEET TO A T~t?TNT iN THE TKCMRTH LINE OF Lf}T 28 BLOCKY) O>! SAID MILL CREEK AT)Ai.TiON, PHASE ,i1I ,AND BE[NG THE SOUTEiWE3T CORNER OF SAID BLACK DRIVE AND BEING THi? SOUTHEAST CORNER OF LO'T'S T3LOCK D OF SAiA Mi.LL CREEK ADDITION .EHASF t; THENCE NORTH 00 DEGREES 33 MINUTES 53 SECONDS EAST WITH'I'.FIE EAST LINE Off' SAIQ MILL CREEK AITUTTiON, PHASE i A. DIST~INCE OIx 411.Q FEET Td THE POINT OF BEGINNING AND CQN'TAININC 0.24 ACRES OF LANb, MORE QR LESS, THiS DESCRIPTION WAS MADE FR0T-7 OFFICia 1ViA1'S AND' lYQ'f'' AN ACTUAL ON THE GROUNt? STJRV1rY OF SUCT RIt3KT OF WAY. jam-- ~. ^ ^ _ ~ City of C o l l eyvi I l e Colley ~l a aTexas 76034 ~~~ (817) 503-1000 '`~~" Agenda BI"leflllg www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 12/10/2007 Agenda No.: 8b Controlling Body: Planning and . Zoning Commission Final Action: File Name: Approval of a request for an amendment to a Special Use Permit for an accessory building on Tracts 1A01 D, 1A5 and 1604 of Abstract 1182 of the W.C. Newton Survey and Tract 1604 of Abstract 356 of the Isaac Carodine Survey located at 816 W. L.D. Lockett Ro Attachments: Location and Zoning Map Notification List • Development Review Committee Memo Applicant's Response Exhibits Accessory Building Zoning Comparison Letters of Support Ordinance 0-03-1397 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 12/10/2007 Planning and Zoning Commission Title Approval of a request for an amendment to a Special Use Permit for an accessory building on Tracts 1A01 D, 1A5 and 1 B04 of Abstract 1182 of the W.C. Newton Survey and Tract 1 B04 of Abstract 356 of the Isaac Carodine Survey located at 816 W. L.D. Lockett Road, Case Z-07-036 Explanation The applicant is requesting to amend an existing Special Use Permit (SUP) for an accessory building in order to expand the size of the accessory building. The SUP request is for 816 W. L.D. Lockett Road located one block east of Precinct Line Road. Zoning. The property is currently zoned R40-Single Family Residential. The original SUP was approved by City Council on April 15, 2003 under Ordinance 0-03-1397. The original SUP permitted the applicant to have total of 6,620 square feet for three accessory buildings on the property and stipulated that any increase in size would require an amendment to the SUP. Existing Conditions. The subject property is approximately 10.3 acres in size. There are currently four buildings on the property containing a total of 6,620 square feet. The building that is proposed to be expanded currently contains 6,000 square feet. SUP Amendment Section 3.27 -Accessory Buildings and Residential Carport Regulations City of Colleyville Page 1 Printed on 12!7/2007 Agenda Briefing Continued -- in the Land Development Code requires that any amendments to the accessory building regulations require a Special Use Permit. The applicant is proposing to add 3,750 square feet to the main building, which is labeled as the arena on the attached zoning exhibit. This would increase the size of the building to 9,750 square feet. As required by the Ordinance 0-03-1397 and the International Fire Code, the applicant would be required to install a fire. sprinkler system approved by the Fire Department. The applicant is also requesting that four accessory (4) buildings remain on the property instead of the maximum of three (3) required by the Land Development Code and Ordinance 0-03-1397. Master Plan. The Master Plan designates this property for future single family residential use. The proposed SUP amendment does not comply with the Future Land Use Plan. Surrounding Properties. The surrounding properties are all single family uses. Properties to the west, east and north are zoned R20-Single Family Residential and the property to the south is zoned PUDR-Planned Unit Development Residential. Development Trends. The development trends in this area are for single family detached homes. Public Notification. Staff mailed notices to 25 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 two letters of support regarding this case. Summary. The proposed SUP amendment would double the amount of square footage for the stable exceeding the maximum square footage allowed for accessory structures. Recommendation Denial due to technical non-compliance with the Land Development Code. City of Colleyville Page 2 Printed on 12/7/2007 Location and Zoning Map r ~ ~ sa ~~ 5fl 17 ~ ~ __ __ 5635 5971 - 12 5913 592 5922 i ~ 59?3 06 09 591ft ~ ,. 5918 5914 1i 5915 5910 ~ 5911 04 5805 5906 5907 5au2 ~ 5907 :,848 00 590 LI7 ~i :Ot 49 5841 5b45 5b5E ` 5341 11 7 813 6a34 as37 5e~a 5s33 oe 5809 PUD 55`° ,:?25 04 5500 5805 >;11 O ~~ ' 1 r ~ 65 01 0 ' Or 11581,\ 00 589, 816 800 ' 500 ..704 8t6 800 800 708 Site E16 800 '...800.. R20 R40 + 6 701 5705 1335. 11 p ~R 701.. -\q 712 895 801 R40 , G, ~ 599` 790 ~.----~~ R40 613 16 ~ ~ 5017 ,: 812 5700 5808 729 1117 ..09 5 1Z ~~ 5613 608 5004 .05 ~ G8 ~ 809 5600 Notification List ACCOUNT OWNER_NAME 03834832 Stajduhar, Martin Etux Lisa, applic~ 101 Williamsburg Ct Colleyville TX 03835006 Ishak, Ashraf Z 104 W Ld Lockett Rd Colleyville TX 03835014 Kuhlmann, Peter Etux Linda 4423 Chapel Rd Graham TX 04081676 Stajduhar, Martin Etux Lisa 101 Williamsburg Ct Colleyville TX 04081714 Stajduhar, Martin Etux Lisa 101 Williamsburg Ct Colleyville TX 04081765 Stajduhar, Martin Etux Lisa 101 Williamsburg Ct Colleyville TX 04480562 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 04480570 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 04509684 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 04509692 Covington Partners Ltc 1505 Oak Knoll Dr Colleyville TX 04509706 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 04509714 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 04509722 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 04509730 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 04740459 Lavaca Oaks Lp 6401 Westcoat Dr Colleyville TX 04988957 Martin, Stephen Lee Etux Nan C 813 Lavaca Trl Colleyville TX 06356028 Gohr, Martin Etux Lorraine 809 Lavaca Trl Colleyville TX 40250563 Smith, Ted Etux Michele 5704 Texas Trl Colleyville TX 40250571 Adams, Kenneth J Etux Barbara 5708 Texas Trl Colleyville TX 40250598 Hultquest, Philip P Etux Lily 5712 Texas Trl Colleyville TX 40250695 Reatta Place Hmowners Assoc 5506 Texas Trl Colleyville TX 40250709 Wheelwright, David 5701 Reatta PI Colleyville TX 40357902 Reatta Place Hmowners Assoc 5506 Texas Trl Colleyville TX 1866427 Invitation Park III LP 215 W. College St. Grapevine TX 4740203 Invitation Park III LP 215 W. College St. Grapevine TX OWNER_ADDR OWNER OWNER OWNER CITY STATE ZIP SITUS ADDR 816 W L D Lockett Rd, 76034 Subject Property Owner 76034 805 W L D Lockett Rd 76450 801 W L D Lockett Rd 816 W L D Lockett Rd, 76034 Subject Property Owner 816 W L D Lockett Rd, 76034 Subject Property Owner 816 W L D Lockett Rd, 76034 Subject Property Owner 76034 800 W L D Lockett Rd 76034 800 W L D Lockett Rd 76034 W L D Lockett Rd 76034 W L D Lockett Rd 76034 W L D Lockett Rd 76034 800 W L D Lockett Rd 76034 800 W L D Lockett Rd 76034 800 W L D Lockett Rd 76034 901 Lavaca Tr 76034 813 Lavaca Tr 76034 809 Lavaca Tr 76034 5704 Texas Tr 76034 5708 Texas Tr 76034 5712 Texas Tr 76034 5705 Reatta PI 76034 5701 Reatta PI 76034 5714 Reatta PI 76051 908 W. L D Lockett Rd 76051 909 Lavaca Tr Notifications were mailed by Amy Shelley on Thursday, November 29, 2007. Signature CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE November 19, 2007 TO MARTY STAJDUHAR EMAIL martystajduhar@sbcglobal.net FROM Ron Ruthven, Development Coordinator SUBJECT Z-07-036 816 West L.D. Lockett Road -SUP Amendment 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. Per the requirements of ordinance 0-03-1397, an approved fire-sprinkler system will be required for the building. Contact Rob McKeown, Fire Marshal, at 817-488-6277 for more information. 2. Explain why has the accessory building shown to be removed on the site plan attached to ordinance 0-03-1397 not been removed. 3. Section 1.18B(12) of the Land Development Code requires a site plan to be submitted with a special use permit request. Items required to be shown on the site plan include but are not limited to the following: (1) Statement Planning Objectives; (2) Development schedule; (3) Proposed Screening Fences; (4) Building layout and parking areas; Update the site plan to show the items required by the ordinance section stated above. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, December 10, 2007, 7:00 p.m. City Council: Tuesday, January 8 and January 22, 2008, 7:30 p.m. Please submit the following to our offices: 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-07-036 816 W. L.D. LOCKETT SUP AMENDMENT A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Friday, November 30, 2007, in order to make the scheduled hearings. Please contact me at ruthvenr~,ci.col(e~ville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 Applicant's Response Date: November 29, 2007 To: The Colleyville Development Review Committee (DRC) From: Mr. and Mrs. Marty Stajduhar Email: Lstaj(c~aol.com or martystaiduhar ansbcglobal.net Subject Z-07-036 816 W. L.D. Lockett Road -SUP Amendment Per your request, enclosed you wit{ find our responses to your requested items: 1. An approved fire-sprinkler will be required for the building: Per the requirements of ordinance 0- 03-1397, we will install an approved fire sprinkler system in the building. 2. Explain why the accessory building shown to be removed on the site plan attached to ordinance 0.03.1397 has not been removed. The accessory building was not torn down because the City council over rode the request by Planning and Zoning to tear the building down. We were allowed to keep the building and currently use it as a shelter for our dogs. 3. The site plan: Statement Ptan Objectives: In August 2006, Apache's Angels Foundation, a tax exempt 501(c}3, was created to support the charitab{e endeavors of Stajduhar Stables (www.stajduharstables.org}, located in Colleyville, TX. Apache's Angels Foundation exists to: • Accept donations of equipment, horses, and monies for the daily operational requirements of Stajduhar Stables • Fund research to validate the effectiveness of hippotherapy and therapeutic riding • Recruit, retain, and recognize volunteers for Stajduhar Stables • Provide scholarships to appropriate clients with financial needs • Promote the services provided by Stajduhar Stables to better serve special needs clients in Tarrant County and surrounding areas. Our Immediate Objective: Our current patient riding arena has a roof that covers and protects approximately 50% of the total riding arena surface. This provides the 100 special needs children and their therapists a workable environment for most of the operating days. Most days as many as four horses with their side walkers, horse leaders, and therapists are sharing the same working space. During inclement weather days, rainy, cold, windy or extremely hot, all patients' sessions are forced to work under RECEIVED Per ------------- the covered portion of the riding arena for health and safety reasons. As a result of the reduced working space, the patient does not receive the optimal benefits of the hippotherapy program. In order to provide the best possible care of our special needs children, we need to expand the existing roofed structure to cover the entire riding arena. This expansion will be of tremendous benefit to the present and future clients in that it will insure a safe, healthy atmosphere and further assist them in their goal of attaining a healthier quality of life. Development Schedule: Pending Approval of the Colleyville City Council, Apache's Angels Foundation wil( begin raising funds for the cost of the expansion project. The cost of the expansion project is estimated to be in the $60,000.00 to $70,000.00 range. This projected cost includes a fire sprinkler system and drainage construction to prevent extensive flooding problems. Tax deductible donations made to Apache's Angels Foundation will be 100% utilized toward the full costs of this addition. AI{ donors' names will be placed on a commemorative plaque that will memorialize the generosity of all the people that made #his expansion possible. Proposed Screening Fences: We are not planning to plant any screening plants or trees on the east side of the property. We do plan to put up tennis screens identical to the current screens we have in the existing arena. The purpose of the screens is to keep the arena cool in the summer and block the wind and provide some warmth in the winter. Building layout and parking areas: Please see the attachments. U -~ rn s ~~~ Z~ ~d ~~~ c v, 0 -,o ~, ~C~1 t ~ ~V a v 3 7 ~ ~ m ~ . 3 o ~ ~~ : ~ ti ~ r •~~ ~ L ~• ~~ ~ ~ °o ~ ~ m c ~ m .,, .. • J ~ ~, ~~ ~ m _:.~ :~ o ~~f p~ ,~.v 'El-TON aVB'.D . 88-48. Pd. Otd C T . s ~. 8 z wsir ~oae:m. 0 rz sues amo. aar s rr ~x Sao. +r s.r :,~o.r ss~r ~avo~ avow e 1 0 8 7 8 A C R! ~r.c. NEwTON auRVay •saT. ,~ 11er~ .. 818 1-. L.D. LOClCETT 1-ALLACL' CRAIti oOL. X078. Pa. D.R. T.C. T. SCALE 1 "300' 0" RECEIVED ~~~~~1j Q ~ ~ii;~r Per ...........:. APACHE'S ANGELS FC~UNt~ATIC)N Date: November, 2007 Executive Directors Keith Hamby Chairrnan of the Board Belinda Wilson Yce Chairman Barbara Borchardt Treasurer Stacy Schatzman Secretary Missy Gale Strategic Planning and Development Tammie Flemming Member Dr. Mark Grabill Member "~Ne Need ~YourSupport" Dear Friend of Apache's Angels: In August, 2006, Apache's Angels Foundation was created to support the charitable endeavors of Stajduhar Stables, located in Colleyville, Texas. Apache's Angels exists to: • Accept donations of equipment, horses, and monies for the daily operational requirements of the Stajduhar Stables. ^ Fund Research to validate the effectiveness if hippotherapy and therapeutic riding. • Recruit, retain, and recognize volunteers for the Stajduhar Stables. • Provide scholarships to appropriate clients with tinanaal needs. • Promote the services provided by Stajduhar stables to better serve Tarrant county and surrounding counties. Our current patient riding arena has a roof that covers and protects approximately 50% of the total riding arena surface. This provides the patients and their therapists a workable environment for most of the operating days, where as many as four horses with their sidewalkers/leader volunteers and therapists are sharing the same working space. During indement weather days, either rainy or extremely hot, all patient's sessions are forced to work under the covered portion of the riding arena for health and safety reasons. As a result of the reduced working space, the patient does not receive the full benefits of the hippotherapy program. In order to guarantee our patients the full benefits and results of their sessions, we need to expand the existing roofed structure to cover the entire riding arena. This expansion will be of tremendous benefit to the present and future patients in that it will insure a safe, healthy atmosphere and further promote a healthier, quality of life. The total cost of this expansion project is estimated to be in $60,000.00 to $75,000.00 range. This projected cost includes a fire sprinkler system and drainage construction to prevent extensive flooding problems apachesangels.org P. O. Box 1768, Colleyville, Texas 76034 817 849-1999 'muddy conditlons after rains' APACHE'S ANGELS Fc~UNl1.AT1C~N In order for us to achieve our goal of the construction of this much needed arena roof expansion, we are seeking your assistance to fund this project. Your entire donation will be 100% utilized toward the full costs of this addition. Apaches Angels Foundation is recognized as exempt from federal income taxation under Section 501c3 and is eligible to receive tax deductible contributions. AS a donor, your name will be placed on the com- "expansion viii provide a safer environment" memorative plaque that will memorialize the generosity of all the people that made this expansion possible. This plaque will become a part of the arena and will be visible to all. Was created by Lisa Stajduhar, a physical therapist and horse owner who saw the benefits of equine assisted therapy for the clients with physical, mental, emotional, and social disabilities. Was opened in 2002 with 3 horses by Lisa Stajduhar, a physical therapist and therapeutic riding instructor, along with Stacy Schatzman, an occupational therapist. The facility has grown to serve more than 100 clients in the DFVV area and surrounding counties and is stilt growing. Presently, the program has one physical therapist, one PTA, one SLP, two occupational therapists, two therapeutic riding instructors, and two EAGALA Level One fad(itators. One of the unique aspects of the program was putting together amulti-disdplinary team of therapists and therapeutic riding instructors who could provide quality, one on one care to each client and their family. The stable proudly boasts that they now have the state's only "Sensory Trail" that encompasses a full range of sensory heightened stages within the trail that further benefits the patient's therapy experience. To be the rehabilitation service of choice for the population we serve, and in all things that exemplify the spirit of Christian compassion and love. To partner with our physidans, payers, parents, and other community resources to ensure a truly interdisciplinarytearn approach to patient care. To mutually challenge and encourage each other and ourselves toward innovation, creativity, aaountability, continuing education, professional growth, flexibility, expertise, and leadership. To actively and continually identify opportunities for quality improvement and assist in implementation of plans to improve quality. apachesangeis.org P. O. Box 1768, Coileyville, Texas 76034 817 849-1999 ca -~ } --~ <_ ~. ~~« C y ~ ~ ~~ ~°~~ ~~• a~~ 9. ~ ~ fiO g ~ a~ ~~m ~v g'~~ ~ ~ ~ ~ ~ ci ~ ~ ~ ~ °. ~n' 3`° ~8 m~v n~, ~°~~' ~~ 3~ ~~ a `° .~ a m ~s"x a w~ o~ ~i~' ~~' '~ ~ ? g ~ FiS' ~ c~v a ~ ~ a y~ ~ ~ ~¢ ~~ A tJf [Z tD C 0~ ~ ~ O C " W ~. O '`'~ ~ N~Ng <~ 3 ~C < ~ N tD ~ ~ ~ 7 3 ~' N ~ 41 rt a; 3 w c. _ o ~ ~~ ~ a ~' ' o ui a t cNOr'¢y o'~'i a a m o py~i' ~ ~ ~ ~ c ^ ~'~cn~ ~ ~~,a z ~m~ ~mcSS"' r tA d °a' v ~ c ~ °~ ~ ~ ~ -~ ~ ~ g ~ ~ ~. • ~ • ~~ma~~~WN -,~y r- ~~ 0~ ~ -~ mt°~p ~'~ w?~ ~$ W~~.~°`s. X30 ~~ ¢a~ ~3 m~ a~ c ,$ ~~~ m a d n~. ~~~~n~' 3~,~ m ~;~ a~ at~~' ~ ~~,~ ~ ~ ~ "'•w ~ ~~3 a ~ ~~~ ~ "' N ~ 3 ~~_ a ~" ', "' Al ~ -~ ~ c~ m `~ 3 y .~ ~~ ~'.+ a n ~. s i r7 N_ IO ~~ O 0 0 N I~ N ~, rJ' i ro c~a co 0 N t t c c M G g3 c~ a r ~ ~ . °' p~ ~ ~. a~ m ~ o.~g fIl d! Q y ~ 01 ~ ~ D. ~. m ~ ~ lD _~ ~~ ~ y _~3~~~ a L7 ~ Ul o ~ rt ~, ~ ~' ~ ~ `~ ~ ~ ~ a v y 3 0 . 'v m ~. 0 3 ~xw°~g~o.°:'Q a n ~. d~a,<~~~iDo~ ~ ~•• eo o. ~o ga y~~a3~cn~ m~v u1~o n~ ~~ c ~ a ~o~m ~~m ~ ~~p 3~~O~a~i~~~ o~w~~c w ~ m a~ ~ S~~ m`<' a~o.~ai -, _a~N co o~~$~v ~. °,Wmo.m$y~~.o ,..su,:~~ g~vA ay ~~w~ntn°:~g ,o~~D-~ a,~c v, ono a y~ ~~ 0 c• • . ~ . • • • • ~ cti ~Tn~(~~~n~, ~.~~D~as~~Q•~ - .~ D' cu g a- ~ a Z ~ $ ~ ~- ~ ~ S Q 08•x°-~ a~~~~~°, ~- ~ = y Q, ~ ~ N ~~3 ~ ~ 3 `~ ~ - p~ ~ ~ ~' ~' a 3 ~ ~ co m b w c~ N O M 3 O C ~! Z ~aa> c ~ ~?~~ -r. ~, 7 ~ c 001 O ~ v°Og3 ~-'gg ~.gd~ a 3 a.o ~i~~~ Q~~~ - ,.. ~ ~ N a~~~ ~~ _' ~~~ ~~~ a~v~ m~ w~ j~ ~ moo ~' ~ . C. ~- °' ~' ~~~~ _~~ ~ ~ g ~ .g ~D rt ~ W C. ~: o ~. 3 f0 0 ~ ~Op~. N C ~ ~ ~ ~i Q ~~ ~ o~ 8 .-~ ~' ~ Q a ~' ~~~ ~~ ~Q ~N .« O °' o ~ °m ~ a ' ~° A '; ~'n n n n~ ~~ O~ n C='1 ~ n n W~~ n O_ Ot ~ ~N N ~ ~ ~ ~ Ot ~ ~ m ~ ~ N C ~ O ~ p~,1 2 ~ ~ ~ c ~ ~ ~ ~ a ~ ~ ~ ~' W ~ ~ ~ ~ a a a~ a ~ m ~ m ~:~ 5i' ~ ~ a ~ ~ ~ ~ og';' °-~ ~ a ~ ~ ov (C Ol ~ _~ W O 7 Q .~ O ~ ~ Q; 7 ~ ~ ~ ~. a m • C D a cr b vo co w 0 APACHE'S ANGELS FOUNDATION A SOlc3, non-profit organization YO~UNT£ERS WANT£D Volunteers can help in many ways! Sidewalk or lead horse Groom and tack horses Barn upkeep (stall cleaning and sweeping) Grounds upkeep (mowing, trimming and edging) Assist with special events Assist Volunteer Coordinator with scheduling Volunteer Hotline: 817-849-1999 Stajduhar Stables is located at: 816 West L.D. Lockett Rd., Colleyville, TX 76034 ;; :.-~ ~(~c ~ _ \ \`~ St~har Stabres... Horses...Healirig...Hope... u~ww. staj duharstables. org vvww. ap ac he s ang e l s .org Apache's Angels. !'blla~roil/nCtahLar Fnrm T+bsindntin"n fnr Thtapeutic~ Horsebacl~ Riding •8y Scctc Price for my daughter to learn to ride on. Ho car- :,~ ~s~r~ ~+s~ ried her around h'ke a baby." .~ Named al}er a~po~i~rlar horse at Siajduhar ~ The vohuYteers at the stables wted the 20-. ":Stables im ~Cblleyq~le, the Apache's Angels year-old Apache the horse of the year; so it :Focud~tion.~yas ~eceatly.:established to.help was fitting that-the ~nonpmfit foundation be people pay; fe,F tlierageurtrc •horse riding. named •after this gentle ciratune; Stajduhar "Hc is:~a loving, giNing~ personality," said said . . -lisa<Stajduha~ ownerofstablcs, ofApacli~, . a 20=year-old paint. "I bought him (in 2000) ~ See ANQELS on Page f 9A ^.~ ANGELS. From 1A - Keith 'Hamby; Apaches: An- gels' Foundation '.Board chair- man, said he has beeaavoluateer at ~ $tajduhar Statics for. several years and enjoys ~~ P~PIe of all ages helped through the therapy.. "It has been very =erg for mr:"~he~said: ~ ....: . Apaches Angels is. seei~ag -dpstations, and it needs :volun- teens to help horse riders, Ham try said: Qne voluu~nteer leads the horse, one volumteer walks on on the~other side. ,~: -- -S utiilake: naighlsors Aaette $iiook:apd Meglu~ #iumter. vol- . ~.imteer once a week atithe stables in Collaydille. ~. "It.. trierapyjhe~ps them so . min " 6noo~C said. "~e.impor- - tant this lid rt=mskgs them,. fee1:' Tlic therapy, called hippothe- rapy,,a„_Nthe ~ ziient o~~. ~~~ ~.:. people ages 2 and.olaer:5ho~said' a doctor 'must, prescnbe this ;.physical therapy. Riding a horse ~Iosel~ . - . used whir measurable success in ` scveraT~sbill~fi'or ranches in the n:ainn innin~tina Rnrkv Tin . Therapy Center in Keuec and Re- ata Rehab in Decatur. :.. "There is no other movement that rnimid~ aralkin_ g," :said Iris ~~; :a Physical therapist°aad therapeutic riding insti~tctor who works at-Stajduhar. `~~have had people~who •arepacalyzed and ha- ven't walked;in years, and they getonahorseand~say; `Wow,1'm •;» - - Thestablesalso have a sensory trail with differe~ntsights, sounds and objects to torch while riding on g hale, which improve coon--~ dination and also help thosewith sensory issues. "We are probably the only barn. in North Tbaas with a sensory. trail,". gtajd6har said. ~PPo~t~PY ~s~- en ~ muscles,• .improves balance, reflea~es ~ sad coordination. The treatment at Stajduhar~ ;costs BOO an bout , ; . - ~~ , :~: Allyson Ttme, a Fort ~brt> resident who has cerebral palsy, raxivcs hippothen~y at Stajdu- hartwice aweek. '"It is very motivationsl," said 'Tsai Ttttie, Allyson'a Earlier "She is notreal kxxn on otheikinds of therapy, but she.lovesthis:"- , Tutie said it took s•co~iple of times on a...itorse before his daughter felt ~ctmfortable. He said the therapy l~s his .. . "We jest found.that this one works Because of Lisa Stajduuhar anA hRr ~-nntinArhh miA her errthn- siasm," he said, "We found.that this was the right place" : - Stacjduha= said hippotherapy was beingusedmEiu+ope, and in .the 19GOs a group ofAme.ricx+ns were. tauught this therapy .tech- - nigtn and. ixrought the ideas .m the United States: Stajduha~ a P~~ and horse owner, started her eta . .blcs•becauseshesawthebeaefits . of equine-assisted therapy for people ~ with. Physical, -mental, emotional, and social disabili- ties. The stables started in 200 with three horses; ;a Physical therapist~who•vvas also a there pectic riding instructor .and an occupational therapist. -- Now . the ~ .program::' has tvvo~ physical .therapists;, one~occupa bona~l tlierapist,~.th~ee ~c•.. ridirig~ : instructors, -and two . Irgr~ibe :Assisted C'mowth and Lea}~g Association certified facilitators. . Approximaticly 80~ riders a weeks~otnetothestables, Stardu- haaz said,:' . ~ - .. Stajduhar Stables are::located'. of $16 ~N.: L:1) Lockett' Ytoad~ln Colleyville. For more informa~ tio~n, call 817-'781:71~7:or misfit http:!/stajduharstables.orgs . The mailing addre~§ - for Apacho~s Angels .is Apacheh Angels Foundation,. P.O. Box ~~68~olle3wili~~'euas,-~6A34. Scott Price, 817~T109, sort.106 net ~$i~r++as~srar~.axoroseaawes ilrera~lst Iris Met~on; tart, and other votur>teers wont with the borer; 8< sitar a ride. NEXTON 9UH'D. 988-42 PG. 92 . C T . R m ~• .. 0 0 z it z sa aooz aroa D rzi ao~z spa. aox z ao.r s~ at~a. ,r :.r ...~ rso~wm •rzsr ~~ an:+oeow 1 0 2 7 2 ACRE 3 if C NE1-TON $VRVEY ASST ~ 1 1 8 2 svAe: ~ 8 1 a if L D LOCKET T 1fALLACE CRA2G V O L 4 0 7$ P G. D.R. T C T. 1"~ 1 0 0~ 0" RECEIVED Per ............. a to m Z ~ b ~~ y'~ +- , Q''1 O ~ N ,~ nt ~ O ~ ~ ~ ~ ~ y .m : ~ ~ ~ ~ r 3 ~ ~, t,, L. ~. o ?~ ~ t+i 1 ~ t~ ~ ~ ~ ~ y L ~° Dm'' , ~_ ~ ` m .'`~ ~ ~ ~, A. ~ ~. ~ - i t 1 i1- Q t A ~ ~~ . N a. Q o L `" G J V; y ~ ~ v m ~ ~ c ' m ~' -~ ._~~ ~ m < :' m ~. ~ rn • ~ _.~ ~' m -~ -, o --., ACCESSORY BUILDING ZONING COMPARISON Cate o g ry Land Development Code Accessory Building Requirement Applicant Proposal Maximum Size 2,500 s.f. for lots over three acres 9,750 s.f. total* Maximum Number of Buildin s 3 4* Side Setbacks 15 feet 20 feet Rear Setback 25 feet Over 25 feet Maximum Hei ht 35 feet com lies * Exceeds Land Development Code Requirement Letters of Support From: tony gohr Sent: Wednesday, December O5, 2007. 12:04 PM To: Amy Shelley Subject: Re: public hearing Z-07-036 Ms. Shelley, Thank you for receiving our comments regarding Z-07-036. We, Marty and Lorraine Gohr of 809 Lavaca Trail, are "across the back fence" neighbors with the Stajduhar property in question. We are wholeheartedly in favor of any plans they may have to expand such a worthwhile business as caring for our disabled children. The Stajduhars are excellent neighbors, and provide significant benefit to the entire community by providing such caring service to a deserving population. Any increase in their structures and buildings so as to improve their business would be supported by us. We regret prior commitments on the evening of Dec. 10. Sincerely, Martin and Lorraine Gohr From: Holly Edwards Sent: Thursday, Decem er 06, 2007 8:59 AM To: Amy Shelley Subject: Comments in Support of Zoning Case # Z-07-036 To Whom it may Concern, I am writing to ask that you approve this zoning request by Marty Stajduhar. My daughter, who is a special needs child with physical and mental disabilites, has been a client of Stajduhaz Stables for over a year now. Her riding abilites and confidence have dramatically improved during her time there. I know that improving the facilites will provide more opportunity for therapy options for my daughter and for many current and future clients. This is such an important community service that Stajduhar provides. Riding horses is not only a theraputic activity for these kids, it also is one of the few life-time activates they can continue to be involved in and enjoy. I hope you will approve this request on behalf of the special needs community. Sincerely, Percy and Holly Edwazds Zoning Case Number: Z-07-036 Applicant: Marty Stajduhar Location: 816 W. LD Lockett Road Property Description: Tracts 1A01D & 1A5; Abstract 1182 of the W.C. Newton Survey and Tract 1B04, Abstract 356 of the Isaac Carodine Survey Present Zoning: R40-Single Family Residential Requested Zoning: Amend Special Use Permit for an accessory building ....Holly Never miss a thing. Make Yahoo your homepaae. ORDINANCE 0-03-1397 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON 10.272 ACRES OUT OF THE W.C. NEWTON SURVEY, ABSTRACT 1182; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Marty Stajduhar on February 17, 2003, under Case No. Z-03-007; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit ~A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Tracts 1A1D, 1A5 and 164, W. C. Newton Survey, Abstract 1182; and Tract 1 B4, Carodine Survey, Abstract 356, by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum size of the building footprint of all accessory buildings shall not exceed six thousand six hundred twenty (6,620) square feet. b. Building A, as noted on Exhibit "B", shall not be increased in size or enclosed unless approved as an amendment to this Special Use Permit. c. The location of all buildings shall be consistent with the drawing attached as Exhibit "B". d. Building A shall be exempt from the requirement to install an automatic fire sprinkler system. If Building A is increased in size or enclosed, an automatic fire sprinkler system shall be installed. Ordinance 0-03-1397 Page 2 of 2 e. Any accessory building shall not be used for commercial purposes, other than those uses permitted by the Land Development Code. Sec. 2. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by #his ordinance. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. S. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ ~r day of ~tyr~0 2003. The second reading and public hearing being conducted on the /~'~ day of 2003. ATTEST; ~ ~ ~ , n _ CI~'1( OF OLLE ILLE: ynthia Singleton Donna Arp City Secretary Mayor VE S TO FORM AND LEGALITY: R ss T. ster City Attorney EXHIBIT A -- ZONING MAP A 9 44 ,.1 .r GA ~5ea :~,' R ~ 1 4~G ~l Is.llt •Ct .w at ) . N( ) 7 t ~ R1R )111 u..~ .) . µ.N ' M~E~FY i~~f+~~,~ 1 ~ ~•~ i ~~ :" ' oT~u 1 .a r r t _- 111 tG _ _.. _._.._.. _.. _.. ~ ~!s~ IR 1y 3. ! HI.! Y ij i 4; I'!R 1 R4~ 'IA Iq ,,,,t T11 16r ,...~ •'Q N 1> ).~I 40 U IrR NES B TR IT ).lo ,/.5)O • ~. TI K 1 1 1tR / '~ N t ~"8 u i • /) / t: ..ra .c s.r) . ~ la ~ T"~ ~ TAN ~ ~~ ~ A~•It9w ,R 11 0 )I.NS K rR •[ I , r) At: ~ . ,... Ag M LAn ~ ~N AG ~5 E~1 ~ 0 ) Ti`I~ R G.lai. 2 2tt55 ~"'~ ~./ ..is . ~ V A~,L . . EpR Y ~ ~~~pU ACppN ,~~' n la.as . J ,e l.o~ . EA KE ).t, . )o.!!, . r., RC ... ~ ., . T t „__ _ h 1 ~ u 1 -nx --nrm._.._. ......_.~.._. (--. ___. _ ;~ a N ~ 1 E G ._I ~ µ ~op tR )~ R T~ a st`'' .a K .a Rc ~'S : ,~}1Dp ~ 1 ~~ ~~r~ $F !AT ~ K ~ ~ j t ,,, ,. t.rz r n rtc n rta ~ .tr Rr s.u . aos K sR T sR g~ 2 t.av . •i 1.1 !r* _ r- ).taa EXHIBIT B -BUILDING LOCATIONS Building t0 be remO~ed n ___ . ~ a- l~.~' xr}~;x pit. Building A i~'. C. NE'WTf~N SURY~Y ABS7'.~j t i~2 - C.D. Lnckeft Fed.. __ ~ .. - ORDINANCE 0-07-xxxx AN ORDINANCE AMENDING ORDINANCE 0-03-1397 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-03-1397 on April 15, 2003, to grant a Special Use Permit for 10.3 acres of property located at 816 W. L.D. Lockett Road; and WHEREAS, the property owner has requested an amendment to Ordinance 0-03-1397 to expand an existing accessory building, under Case Z-07-036; 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 tight 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 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-07-xxxx Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O- 03-1397 regarding expanding an accessory building. Sec. 3. THAT the above described tract of land, depicted on the attached Exhibit "A" labeled Location and Zoning Map, shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. The maximum size of the building footprint of all accessory buildings shall not exceed ten thousand three hundred and seventy (10,370) square feet. b. Building A, as noted on Exhibit "B" labeled as Building Layout, shall not be increased in size or enclosed unless approved as an amendment to this Special Use Permit. c. The location of all buildings shall be consistent with the drawing attached as Exhibit "B" labeled as Building Layout. d. Building A shall be equipped with an automatic sprinkler system approved by the Building Official and the Fire Department prior to the approval of a certificate of occupancy for any addition to the structure. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-07-xxxx Page 3 of 3 Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 9. THAT Ordinance 0-03-1397 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map oz4 't~~ ~Q~ ~~ 59,7 5713 5791 w 12 5913 N ~T 6917 818 800 800 _ y 591 t '6 i;_ - 708 909 5010 11 5919 5614 T~ 59,3 5:310 ~ f 1 t 04 590b :IJOG - '1707 704 590? G9O3 L840 00 SPOOR £16 800 H00 5od0 -_ _ __ t.9 a, 708 5's 4". 59]t'. ti SB 13 S~LG S:-:J4 . ~7 5339 i6:t _~ U8 809 818 800 B00 PUD `•B19 ;Nii .,~: G~ p 04 3805 - Y01 ~~ -~~~ 5 ~ 00 5@01 11~~ .JC7 ~ 5611 , L- nl0 0 -- ,r 5. ~. 705 _... _T `t -_ 701.. 1~..5 ~~ P ~R I ~~~ 3'04 712 SU` A01 __ ~ R~1J '~ ,/~ '--- 670, ----_ ,57t1t) no R~Q ]1J ; 1r. 6617 01i 5700 -5608 .729 11.17 09 '~ I'1 ~ @ 1 9 r„i; -_ ~ _. ~~OG 5604 __- 3800 i~s u[~ Exhibit B -Building Layout ~~ rrarTnr~ s'vs~a. BuildingA wwLtxcr os,~ta 588-{i «. gtt. 0$ VflL.. iY7R FG, 7' 4 . C T . D.B. T'.C.T.: 0 1 ~ 111i. ~ Q tF MAL11C 1iF~ 7~ N'; IY' liCft i Q$ 7$ A G R~ A. SC~iG& ~-i °' « w.c. xcwTa~r su~vs~r ~ ° ~..~....r ...._ ....... ....,.....,..,..... r. ~.... 8i0 1f ED L8GK8TT R.~~i~~YGLJ ~~ r....a...e.... ( ~~ ~ '~ 100 Main Street ~ -i' City of Colleyville Colleyville, Texas 76034 ~~~ ~~~`' (817) 503-1000 ~~~~~" Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 12/10/2007 Agenda No.: 8c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request to amend the zoning and development requirements of the Planned Unit Development of The Villas at Oak Pointe Addition located at Oak Pointe Drive and Colleyville Boulevard, Case Z-07-037 Attachments: Location and Zoning Map Letter from Developer Ordinance 0-06-1584 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 12/10/2007 Planning and Zoning Commission Title Approval of a request to amend the zoning and development requirements of the Planned Unit Development of The Villas at Oak Pointe Addition located at Oak Pointe Drive and Colleyville Boulevard, Case Z-07-037 Explanation James Dreiling has submitted a request to amend PUDR-Planned Unit Development Ordinance 0-06-1584 on approximately 19.8 acres, located in the 1600 block of Oak Pointe Drive platted as the Villas at Oak Pointe. Zoning. Ordinance 0-06-1584 was approved by City Council on August 2, 2006. The development contains 74 lots, which consist of 25 single family attached lots (townhomes) and 49 single family detached lots. All streets within the development are privately owned, maintained and gated. Ordinance Amendment. The applicant is seeking to amend the existing ordinance to reduce the garage setback requirement. The existing ordinance requires a 20-foot setback for garages that are oriented toward the front of the lot. The applicant is requesting to reduce the setback to 15 feet in order to accommodate aswing-style garage. The proposed 15-foot garage setback will only affect the 49 detached lots, as the 25 townhome lots will only have rear entry garages. The applicant is also seeking to amend the existing ordinance to eliminate the required City of Colleyville Page 1 Printed on 12/7/2007 Agenda Brietnp Continued - sidewalks. City regulations require four (4) foot sidewalks to be built along all streets at the time of new home construction. The applicant states that the sidewalks are not essential due to the community being gated and due to the presence of an extensive trail system within the open space lots. The applicant asserts that elimination of the sidewalks will provide a larger area for the planting of more mature trees within the front yards of each lot. Staff recommends that if the amendment is approved, the minimum number of caliper inches of trees that shall be required on each lot should be specified within the ordinance. Master Plan. The Colleyville Plan designates the subject property for single family uses. Surrounding Properties. The surrounding properties consist of a variety of land uses. Properties to the south and east are developed as residential uses. The property to the west, adjacent to Colleyville Boulevard, is developed as office uses. The property to the north is developed as industrial storage uses. Development Trends. The development trends in this area consist of mixed development which include residential, office and self-storage. Public Notification. Staff mailed notices to 50 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Summary. Staff feels that the impact of reducing the front yard setback to 15-feet will be minimal and has proven to be feasible in other recently approved developments within the City (Rosewood Villas and the Villas of Colleyville). Staff does not support with the sidewalk waiver request. Recommendation Approval of the front setback reduction to 15-feet for front facing garages and denial of the sidewalk waiver. City of Colleyville Page 2 Printed on 12/7/2007 Location and Zoning Map SiCveroa~,~and Company 11/26/2007 City of Colleyville c/o Development Review Committee Attn: Chris Fuller, Development Coordinator Subject: Villas at Oak Pointe The Villas at Oak Pointe Block 1, Lots 28-32 Block 2, Lots 11-24, 26-45 Block 3, Lots 1-10 Dear Chris, We kindly request that you consider granting a variance for the above listed properties to allow fora 15' front set back for a front facing gazage. We would also ask that you consider a variance to allow us to not include city sidewalks between the said properties. We understand that under City Ordinance 0-06-1584, page 3 of 6, item 4, B, D, Front Building .Line calls fora 20 foot set back for front facing garages. While we can easily comply with all of the other set back conditions we must ask for a variance in order to achieve our goals for this new Colleyville neighborhood. To begin, the stylistic intent of this neighborhood is French Eclectic. Given the narrow lot dimensions and our desire to create atrue-to-style neighborhood we desire to have the set back for a front facing garage to be adjusted on the above mentioned lots from 20' to 15'. The front facing garages in the Rosewood Villa and Riverwalk subdivisions would be an example of how the garages would look if granted the 15' set back variance in the Villas at Oak Pointe development. Secondly, in order to enhance the front yazd aesthetics as well as the overall landscape of each yard, including more, larger trees in each front yard we would like to omit the requirement to have city sidewalks in the front of each home. In this gated community we have included public walking trails throughout for the enjoyment of each homeowner. We sincerely appreciate your consideration in granting this variance for The Villas at Oak Pointe. Should you have any questions, comments or concerns, we will be available by phone or in person anytime in order to expedite this request. Sincerely, James T. Dreiling . Silveroak Land Company, LP R 90 Casa Lane Colleyville. Texas 76034 Phone: (817)514-1505 Fax: (817)514-9025 ECEIVED Per ............. ORDINANCE 0-06-1584 N ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF OLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND HANGING THE ZONING OF APPROXIMATELY 19.78 ACRES OUT OF THE J. L. YAS SURVEY, ABSTRACT 180, FROM THE AG-AGRICULTURAL DISTRICT TO HE PUDR-PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING OR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION EREAS, an application for a zoning change was filed by Sage Group, Inc., on May 1, 2006, under Case No. Z-06-012; and EREAS, 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 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 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 and 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 EREAS, 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 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-06-1584 Page 2 of 6 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 Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B". by changing the zoning of said property from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district. ISec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. ISec. 4. THAT the above described tract of land shall be subject to the following conditions: 'I. GENERAL a. The purpose of this PUDR is for 25 single-family attached town homes and 49 single-family detached lots, constructed at a maximum density of 3.7 dwelling units per acre. b. A maximum of 74 dwelling units shall be allowed within this PUDR 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 street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family attached-homes with no more than one dwelling unit allowed per each platted lot Ordinance 0-06-1584 Page 3 of 6 b. Single-family attached-homes with no more than one dwelling unit allowed per each platted lot c. Open space 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS A. Single-family attached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. 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 Lot Coverage h. Maximum Height 2,700 square feet 30 feet 90 feet 5 feet none 5 feet or 18 feet for rear facing garage 90 percent 35 feet B. Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size 6,440 square feet b. Minimum Lot Width 56 feet c. Minimum Lot Depth 115 feet, except for cul-d-sac lots or outside corner lots, which s hall be minimum of 95 feet d. Front Building Line 15 feet or 20 feet for front facing garage e. Side Building Line 3 and 7 feet (maintain 10 feet separation) f. Rear Building Line 15 feet g. Side Building Line-comer lots 15 feet h. Maximum Lot Coverage 58 percent i. Maximum Height 35 feet 5. OPEN SPACE a. This development shall provide not less than twenty two (22.%) percent common open space, which shall generally be configured as shown on the Conceptual Site Plan, labeled as Exhibit "C". All open space areas shall be landscaped and maintained by the Homeowner's Association. Ordinance 0-06-1584 Page 4 of 6 b. No more than 25 percent of the open space areas shall be utilized for storm water detention or retention. c. This PUDR shall provide a 30 foot wide Tree Preservation Buffer as shown on the Conceptual Site Plan, labeled as Exhibit "C". d. On or before the first day of June beginning in 2007, and on an annual basis for a period of five years, the Oak Pointe property owners association (and its successors and assigns) shall cause aTexas- licensed arborist, who is expert in Cross Timbers silviculture, (The "Expert") to provide a written general evaluation of native hardwood and evergreen trees in the 30' Tree Preservation Buffer (the °Buffer") and include recommendations for sustaining and enhancing the natural ecological integrity of the Buffer, with emphasis on preserving native tree species growing therein. The Oak Pointe property owners association shall be obligated to promptly and faithfully carry out each recommendation of the Expert at an aggregate cost not to exceed twice the amount of the most recent unexpended contribution of funds for such purposes received by it from the Broughton Maintenance Association, Inc., its successor, and other contributing person or organization, if any. 6. SCREENING a. A six (6) feet in height, wooden screening fence shall extend along a portion of the northem boundary line and a portion of the eastern boundary line (where adjacent to the area zoned AG and R-20- the two existing residential properties on either side of the northeast corner) of this PUDR, as shown on the Conceptua! Site Plan, labeled as Exhibit ,.C,. b. A six (6) feet in height, masonry wall shall extend along the western boundary line and a portion of the northem boundary line (where adjacent to property currently zoned ML, PUDC, CC-1 and CC-2) of this PUDR, as shown on the Conceptual Site Plan, labeled as Exhibit ..C" c. A six (6) feet in height, wrought iron fence shall extend along the southern boundary line and a portion of the eastern boundary lines (where adjacent to the Broughton PUD-R) of this PUDR, as shown on the Conceptual Site Plan, labeled as Exhibit "C ". 7. OTHER a. Retention ponds constructed in this development shall contain not less than one aeration device, such as a fountain, waterfall or underwater device, which shall be approved by the Colleyville Engineering Department. b. An emergency access right-of-way or easement shall be provided to connect this development with Sanders Lane on the east side of the Ordinance 0-06-1584 Page 5 of 6 development. Said emergency access shall be gated and constructed in accordance with the requirements of the Land Development Code. The gate shall include an Opticom automatic opening system. c. No roof mounted air conditioning mechanical equipment shall be allowed on the single-family attached dwelling units. d. No carports shall be allowed on the single-family attached dwelling units. 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. 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. 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. 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. 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. D IT IS SO ORDERED. first reading and public hearing being conducted on the ,/~ ~ day of 2006. second reading and public hearing being conducted on the a '`'oe- day of ~~.~.~ ~`'" 2006. Ordinance 0-06-1584 Page 6 of 6 ATTEST: ynthia Singleton, TRMC ity Secretary ROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE G-~.~ C David Kelly Mayor ~Aatthew C. G. Boyle ;ity Attorney Exhibit A -Zoning and Location Map Exhibit B -Metes and Bounds Description FIELD DOTES Description for a trail of land in the J. L Byes Survey, Abstract Number 180, City of Colleyville, Tarrant County, Texas, and comprising the folbwing trade of land: that trod described In a deed to Michei+e and Kim Smith, recorded in Yo~me 16398, Page 320, Dead Records, Tarrant County, Texas; that tract described in a deed to Charles E. and Pauline Neece, recorded in Volume 3125, Page 326, Deed Records, Tarrant County, Texas; that tract described in a deed to Ruth V. Heidel, recorded in Volume 14630, Page 44, Deed Records, Tarrant County, texas; that trail described in a deed to Ronny D. and Viediy A. McPherson, recorded in Volume 13285, Page 97, Geed Records, Tarrant County, Texas; that treat described in a deed to H. E. R~clcman, Jr., nec;orded in Volume 3152, Page 463, Deed Records, Tarrant County, Texas, that trod described in a deed to Terrance L and Dana L Stilson, recorded in Volume 6408, Page 211, Deed Records, Tarrant County, Texas; that tract described in a deed to Ronald Harold and Bobbie Jean Anderson, recorded in Volume 4729, Page 631, Deed Records, Tarrant County, Texas; that tract described in a deed to David W. Stringer, recorded in Volume 15727, Page 156, Deed Records, Tarrant County, Texas; that tract descnbed in a deed to Jennie Lou Stowe, recorded in Volume 5193, Page 721, Deed Recordg, Tarrant .County, Texas; that tract described in a deed to George EI'edge and Joy M. Cannedy, recorded in Volume 10838, Page 1388, Deed Records, Tarrant County, Texas; that tract described Ut a deed to Ronny D. and Vicky A McPherson, recorded in Volume 12880, Page 221, Deed Records, Tarrant County, Texas; that trail described in a deed to Gary and Brenda Bass, recorded in Volume 16245, Page 340, Deed Recorci~, Torrent County, Texas; and a portion of that tred described in a Right Of Way Easement to Tarrant County, recorded in Volume 1819, Page 348, Deed Records, Tarrant County, Texas; and lasing described as one (1) tract by metes and bounds as follows: t3EGtNNING at a 5dg' hon pin farad w1h qp m~uiaed,'DOiWDY• brthe ooatpied rwrtheast comer of said Ryas Survey, and for ttee rtottttea.t comer or said smite tract; THENCE South 00 deproe 26 rrdnutes 21 seconds East s distartoe of 199.34 feet tD a 12" iron pin lbund with cap rtwtiaed, •t3AlIP for the rwtttteast comer of said Hefdel trod; THF_NCE Satth 00 dogroe 41 minatoa 09 saoonb Ent s diatanao ad' 617.64 fast to a S/8" iraa plc found wish crap mattcod, `8otnuiacr M'ath' far the r+owLent oaeoraf said Haidel itao~ T1~NCE South 89 degreat 12 miantea SS sooonda Waat a datame of 262.34 feet to a S/8"iron pie farad with cap mattced,'BMl" for tho aaathwoat ootaer of aid Hcidal ergot and fa the sao>heatt corner of said MaPhatson trsot tboo:dod in Vobtma 13285, Page 97; TFiE1~TCE South 89 degtoos 27 miaata 11 t+eoandr Wat a dtdanoe of 333.31 foot to a S/8° iron pin farad with cap madcad, "8MI^ for tho aatthaaet Darner of aid 5hbae treat; THENCE South 89 degrooa 36 mi~taa 48 r+ooonda Wad • distanoo of 263.34 foot to a S/8" iron pipo fossil for the satthwest oacnor of aid Stiboe tract end for the aonfficaat caner of aid Harold and Aaderson trao~ Metes and Bounds Description, (cont'd) THE~iCE South•84~dsg~aees 44 minata ZO seconds Wert a dutanoe of 88.09 feet to a S/8" iron pipo ~gOa f+~c ~. «~ti~eat omo~ a€a~ii~.iaa,AaaaeQO ~t.~d.fq.~ oasacr of Lot Olt 2-4, Bloat A, ~ Shopping V Adi~iad. aoso m the ptc~t reoa+ded is Cabinet A, Slide 8387, PLt Reoads, Tarrant Comty, Tesas; T~TCE Noah 43291 fed to a 12" iron pipo faced for the nar9ce~ut corner of Lot 4R-2-1, B1ook A, of acid Calieyvillo Shopping Village Addition; THENCE Nam 89 degree 36 mimrtes 33 seeond~ Went a distance oF269.95 Beet to the southwest oarnec of said Blears tract sad to the souWeast ooraer a~f Lot 1R, Block A, Colkyville Shopping Village Addition, aooccdiag to the plat rnocrded in Gbinet A, Slide 3716, Plat Rooaeds, Tarrant Cooaty, Texas; THENCE Naeth 00 dagroe 34 miatrtes 33 aeoonds Wet at 189.T3 feet pm:ing the aartheast eeenor of said Lot 1R, in all, a total distasoe of 219.96 foil to the neathwest corner of said Stowe tract; THENCE Sauth 89 degrotas 48 miautrs 13 seconds East a diatanoe o£ 146.64 foil along Wo north liar of said Stowe tract tp the arost lino of said Elodge and Canaedy tract; 1T~NCE NORTH a distanoo of 171.21 foot to a 1/~' iron pia found for the northarost corner of said Fledge and Carmody tract; THENCE North 89 degrees SS miantos 1S sooonds East a distance of 279.93 feot to a Irl"icon pia foandfarthe saathwat earner of Let R-141, Block 1, Colleyv~le Indnstc7.el Paris, aaooc+diag b the pLt reoosdsdm Gbmot B, Suds ~ Plat Rooadr, Taaaot Canty, Tows; THENCE South 89 degrees 58 minutes 05 seconds East a distance of 389.281feet to a SJIf' iron pin found; THENCE North 89 de~+ees 53 mirx~es 58 seconds East a distance of 83.96 feet bo a 5Jg' iron pin found for the sat#rMeet comer of Lot 1, Block 1, Fair Haven Estates, aooordktg to the plat recorded h t:ab~tet A, Side 2773, Plat Records, Tarrant County, Texan,; THENCE North 89 deg'ees 54 mirx~es 24 seconds East a distance of 56.8.5 feet bo a 5J8• iron pln found w~h yelbw cap for the tarttn+~est comer of said SmRh tract; THENCE North 89 degrees 58 mirxlEes 13 seconds East a distance of 262.70 feet to the POINT OF BEGINNING, said descxtbed trail ~Irt~g approximately 19.78 aq+es of land, of which appr~axhrtetiely 0.64 of an ace is contained wltttin said right-of-way easement. Held ti0les paged tNR7/06 by Roper W. FYI R.P.L& Idieiler Mao, treed on tlfs preMaM surveys and ixiDfe rocads cviq.rn~ro~no.a van Flra Nm. me Exhibit C -Conceptual Site Plan E ~ ~ ~s ~~ ~ ~ ~ ~ ~ ~~ ~~ ~~~' rc Maft~:~ a ~ ~~~ ~~n~~f~ rd ~~ ~ ~ ~i~ :~~~ ~ t s :/i~t ~ i t t~M . _,~. ~;~~.., ;; a .. a~ ~ ~ r +~ 4 E AA ~,. i t f ._. ~ .. ~~ ~ k ~ j ~_ S ." ~E i,~~ ' .3'.~w ~ .F.. ~, ., q, kry``` s yjr ~ ~ ; r G ~$ ~,. S X s ~ ,~ f ~ _ , ¢~ •. R~} y ~ ~ }~~ ~ 0.,.~ ? ~ s r to f'i~ z ..... ~ .. ti ,,~. ~r ' ~ . =if K YyMJRyf~yl~ik~ ,•_. - + o< ;! ~ I . i, t t _~, .F_ E 1 (- \R ~ eta ~ t ~ _ '~(, .,~ '+` ~ F r t a i r ~ a r- } I~ ij; ~ i t~ a s 4 f `.~ f ~ F l 3 `A ( tfj .~ . Z ~~ ff `` ~ ur g ~3` ;f ~ 't t ' ~ ? ( ~ ~ it c{ ~ ~ > !, ~ ~ s ! y F _~(~ ,..e.. _ 777 i i t F 3 I~ I i ~ 3 ORDINANCE 0-07-xxxx AN ORDINANCE AMENDING ORDINANCE 0-06-1584 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-06-1584 on August 2, 2006, to establish the zoning for 19.78 acres out of the J. L. Byas Survey, Abstract 180; and WHEREAS, the developer has requested an amendment to Ordinance 0-06-1584, under Case Z-07-037; 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 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-07-xxxx Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O- 06-1584. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 19.78 acres of The Villas at Oak Pointe Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Single-family detached residential lot setbacks shall comply with the following amended provision. a. Front Building Line 15 feet 2. OTHER a. The requirement that sidewalks be constructed along all streets at the time of new home construction within this development is hereby waived by this ordinance. b. Ordinance 0-06-1584 shall remain in full force and effect, except where amended by this ordinance. 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 Ordinance 0-07-xxxx Page 3 of 3 other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinance 0-06-1584 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map