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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-1/14/2008City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com .~~~. ~~~ "rte ~:.~~= Meeting Agenda Monday, January 14, 2008 6:15 PM City Council Chambers Planning and Zoning Commission -"~ City of C o I I eyvi I l e Colleyvil e aTexas 76034 "~ c _~~, (t ~~~~ (817) 503-1000 3 Meeting Agenda www.colleyville.com h~.s Planning and Zoning Commission Monday, January 14, 2008 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 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 Redfearn 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES December 10, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a Minor Plat for Lot 1, Block 1 of the Thomas Cole Addition on 1.9 acres located at 4812 Bransford Road, Case P-08-001 City of Colleyville Page 1 Printed on 1/11/2008 Planning and Zoning Commission Meeting Agenda January 14, 2008 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from R40-Single Family Residential to R30-Single Family Residential on 1.5 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey located at 6101 Hunter Lane, Case Z-08-001 8b Approval of a request for a zoning change from AG-Agricultural to R20-Single Family Residential on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-08-002 8c Approval of a request for a Special Use Permit for outside display and storage on Lot 1 R, Block 2 of the Village Park Addition located at 4701 Colleyville Boulevard, Case Z-08-004 8d 0-08-1655 Approval of an amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code, Case G-08-002 8e 0-08-1656 Approval of an amendment to Chapter 3-Land Use, Section 3.24-Schedule of Permitted Uses of the Land Development Code, Case G-08-004 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 11, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 1/11/2008 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com c,+r ~,~ ~~.. ~"``;~ , fl 7'i+.ta Minutes -Draft Monday, December 10, 2007 6:15 PM City Council Chambers Planning and Zoning Commission ;- ``=,~~ City of Colleyville ~~~t., ~~-~'~~ Minutes -Draft ~~;>.,- 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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on December 10, 2007 at 7:05 p.m. 2 ROLL CALL Present: Commissioners Larry Knox, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner Dave Dudziak Staff Present: Chris Fuller, Ron Ruthven, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Redfearn moved approve the November 26, 2007 meeting minutes as written. Commissioner Phelps seconded. City of Colleyville Page 1 Printed on 12/31/2007 Planning and Zoning Commission Minutes -Draft December 10, 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 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-07-058. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Dudziak 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:15 p.m. Joel Lenamon, the applicant, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:17 p.m. Commissioner Redfearn questioned Mr. Lenamon regarding the construction of Black Drive? Mr. Lenamon stated he had his engineers present a plat where all of the right of ways and fire turn around have been illustrated. He stated the street will meet all city standards. He stated they did not have any issues with the street. Commissioner Redfearn questioned Mr. Lenamon regarding if there is City of Colleyville Page 2 Printed on 12/31/2007 Planning and Zoning Commission Minutes -Draft December 10, 2007 any drainage incorporated into the turn to the north? Mr. Lenamon stated there is existing storm drainage in the area. He stated they are outside of the flood area and the improvements should not create any drainage issues. Commissioner Redfearn questioned Mr. Lenamon regarding the tree preservation for the property? Mr. Lenamon stated the tree preservation has changed, the existing trees are not on his property, they are to the east of his property, therefore there is no need for a special area. Commissioner Phelps questioned Mr. Lenamon regarding what types of trees are in the area? Mr. Lenamon stated knowing they are not Oak trees, however, he stated not knowing exactly what types of trees they are. Commissioner Phelps questioned Mr. Lenamon regarding if the right of way is not granted, will his development be four lots? Mr. Lenamon concurred and stated they would have a four lot development and the road would be just as it is on the exhibit. Commissioner Phelps questioned Mr. Lenamon if he has spoken with the neighbor to the east? Mr. Lenamon replied yes and the neighbor has been very positive regarding the development. Commissioner Phelps stated having issues with approving this to R20 and then the possibility that the property to the east could be rezoned to R20 making this a higher density area. Mr. Lenamon stated the property owner to the east has said she will not sell her property until she passes. Commissioner Clardy questioned Mr. Lenamon regarding if the five foot easement for trees is not required? Mr. Lenamon concurred and stated the five feet will be maintained but it will not be required to be a special preservation area. He stated the pavement will be at least five feet away from the trees. Commissioner Knox moved to approve case Z-07-035. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 8b Approval of a request for an amendment to a Special Use Permit for an accessory building on Tracts 1A01D, 1A5 and 1804 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 Road, Case Z-07-036 City of Colleyville Page 3 Printed on 12/31/2007 Planning and Zoning Commission Minutes -Draft December 10, 2007 Commissioner Byerly opened the public hearing at 7:28 p.m. Marty Stajduhar, 101 Williamsburg Court, Colleyville, the applicant, came forward to present the case and brief the Commissioners. Commissioner Duffy questioned Mr. Stajduhar if this is a commercial operation? Mr. Stajduhar stated this is a 5013C business which is both profit and non-profit. Commissioner Duffy stated if the property is sold, it would be a commercial property. Mr. Stajduhar stated the developers, which have approached them, have stated the property is worth residential value and all buildings would be torn down and used for residential. Commissioner Duffy questioned Mr. Stajduhar if he would have any issues with the Commissioners putting a condition on the Special Use Permit that states if the property were to be sold that all of the buildings would have to be torn down? Mr. Stajduhar stated not having an issue with that, since the developers have stated they would tear them down anyway. Commissioner Redfearn questioned Mr. Stajduhar regarding what are the buildings that are on the property? Mr. Stajduhar used the exhibits to explain the buildings on the property. Lisa Stajduhar, 101 Williamsburg Court, the applicant, came forward to present the case and brief the Commissioners. She stated that they need the extension of the building to cover the arena area. Teresa Carter, 5648 Macaskill, Haltom City, spoke in favor of the amendment request. Steve Pence, 5601 Montclair Drive, Colleyville, spoke in favor- of the amendment request. Kim Haggerty, 1200 Taylor Street, Southlake, spoke in favor of the amendment request. There being no one wishing to speak, the public hearing was closed at 7:47 p.m. Commissioner Duffy questioned staff if the fire suppression system would have to be set up to an alarm system? Ron Ruthven replied correct. Commissioner Duffy questioned Fire Marshal Rob McKeown regarding what type of main would the fire sprinkler system need to be on and City of Colleyville Page 4 Printed on 12/31/2007 Planning and Zoning Commission Minutes -Draft December 10, 2007 where would it come from? Marshal McKeown replied a fire protection company would come out and do flow requirements to determine what the structure is going to be used for. He stated that would determine what type of main would be required and what size the sprinkler heads would need to be. He stated they would have to have a backflow within ten feet of the City's supply line. Commissioner Duffy stated the applicant has agreed to plumb the system and set the system by fire standards and have it inspected by the City, prior to operation. He questioned staff regarding what is the next step? Ron Ruthven replied the draft ordinance states that the entire building will have to be fitted with a fire suppression system, however, he stated not knowing if the applicant agrees to that requirement. Commissioner Duffy stated that since the applicant is here, they do agree to that, the original ordinance states that as well. Commissioner Duffy questioned staff if the applicant will need to come to the City and get a permit? Ron Ruthven concurred. Commissioner Duffy questioned staff if at that time the applicant will have an inspection and a fire system will be installed before they get a certificate of occupancy. Ron Ruthven concurred and stated the applicant will have to submit plans to the Fire Marshal for the fire sprinkler system. Commissioner Duffy questioned Mr. Stajduhar if he is willing to do all that is requested? Mr. Stajduhar agreed. Commissioner Phelps questioned staff if there is any difference between a fire suppression system and a fire sprinkler system? Marshal McKeown replied they are both the same. Commissioner Redfearn questioned staff regarding what requires a Special Use Permit? Ron Ruthven replied that any variance to the code regarding an accessory building requires a Special Use Permit. In this case, the total square footage of all accessory buildings exceeds the maximum square footage allowed. Commissioner Clardy questioned Mrs. Stajduhar if the increase of the covered area will allow for an increase in capacity for the horses, can there be more students in there? Mrs. Stajduhar stated she will only ride four horses at one time. Discussion occurred between Commissioner Phelps and Mrs. Stajduhar regarding the profit or non-profit sides to the business. Commissioner Redfearn questioned City Attorney Kailas regarding how would the ordinance be worded regarding the expiration of the Special Use Permit, in the change of property ownership? City Attorney Kailas City of Colleyville Page 5 Printed on 12/31/2007 Planning and Zoning Commission Minutes -Draft stated the motion could be made that the expiration of the Special Use Permit shall automatically revoke should the use of the accessory building as a therapeutic horse riding facility ever cease. Commissioner Redfearn questioned staff regarding if the draft ordinance were approved, would it replace the previous ordinance or does it follow along with? Ron Ruthven stated the previous ordinance is still in effect except where it is amended in the draft ordinance. Commissioner Duffy moved to approve case Z-07-036 with the amendment stated by City Attorney Kallas that the Special Use Permit shall automatically revoke should the use of the accessory building as a therapeutic horse riding facility ever cease. Commissioner Byerly seconded. Commissioner Phelps stated he would like adding screening between the property Commissioner Byerly stated he would not because the neighbors have not requested screening. He stated he would not put an burden on the Stajduhars. The motion carried by the following vote: December 10, 2007 an amendment regarding adjacent to the arena. accept this amendment that there be additional additional requirement or Aye: 6 -Knox, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 - Dudziak 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn questioned staff for clarity regarding the red lines on the exhibits represent foot pads? Ron Ruthven replied yes. Commissioner Duffy questioned staff for clarity regarding staff's recommendation for approval for the setback request but a denial for the sidewalk waiver request? Ron Ruthven replied that is correct. Commissioner Byerly opened the public hearing at 8:10 p.m. Kelly Dykes, the applicant, came forward to present the case and brief the Commissioners. He stated they are going to keep the sidewalks. Commissioner Duffy questioned Mr. Dykes regarding which lots would the request affect? Mr. Dykes replied all of the homes except Lots 1-25, City of Colleyville Page 6 Printed on 12/31/2007 Planning and Zoning Commission Minutes -Draft December 10, 2007 those are all townhomes. Commissioner Duffy questioned Mr. Dykes regarding how could it not be recognized that there are 20 foot setbacks for the lots? Mr. Dykes replied not knowing and the plat does not call out the front facing garage issue. He stated they usually build homes with side or rear entry garages. He stated they did not look at the ordinance when drawing the plans. Commissioner Phelps questioned Mr. Dykes regarding which lots are affected? Mr. Dykes replied all of the lots except Lots 1-19, those are townhomes, all of the large lots. Commissioner Duffy questioned Mr. Dykes regarding are there any intentions to build larger homes than what was originally intended? Mr. Dykes replied no. He stated the houses are going to be 3,200 to 3,800 square feet. Commissioner Duffy questioned Mr. Dykes regarding the emails that have been received addressing the 30 foot tree buffer? Mr. Dykes replied the tree preservation buffer is not an oversight and he stated they are working with the Sage Group, who actually developed and designed the development. He stated they are working with other arborists to design the tree buffer to see what needs to be done accurately in the buffer. He stated there will be a 30 foot tree buffer, however, they are working to get the buffer to what the adjacent neighbors are wanting. Commissioner Redfearn questioned Mr. Dykes regarding if a lot of trees have come down in the tree buffer? Mr. Dykes replied they took out what they considered to be dead trees, underbrush, vines, poison ivy and poison oak. He stated they kept the trees that were fantastic, however, they did remove some that were junk. He stated they are going to replace those trees with the arborist's plan. Commissioner Redfearn questioned Mr. Dykes regarding if the sidewalk will be in the 15 foot setback? Mr. Dykes replied the sidewalk will not be in the setback. Commissioner Duffy questioned Mr. Dykes if the houses will be 19 feet from the street? Mr. Dykes replied he would have to look at the plat to be sure, but that sounded reasonable. Commissioner Clardy stated several of the letters mention a concern of higher finished floor pads. He questioned Mr. Dykes regarding if that is the case, how big of a variance is there? Mr. Dykes replied not knowing how .much higher they are than the neighboring property. He stated they did not raise any of the lots. He stated the topographies are different. City of Colleyville Page 7 Printed on 12/31/2007 Planning and Zoning Commission Minutes -Draft December 10, 2007 David Bagwell, P.O. Box 1672, Colleyville, came forward and stated being in favor of the front setback that is being requested and stated the sidewalk should be five feet in the front. He stated the developer did not adhere to the tree preservation that was in the approved ordinance. Kurt Stalnaker, 6108 Burnham Circle, came forward and stated the developer has torn down hundreds of trees, built the pad sites up higher and stated there are drainage issues. He stated the run off has created trenches. There being no one wishing to speak, the public hearing was closed at 8:27 p.m. Mr. Dykes stated they will work with the adjacent neighbors regarding the drainage. He stated they are currently working on the tree buffer with an arborist. He stated he needs a vote for the setback request. Commissioner Duffy questioned staff regarding if the drainage was approved by the City? Ron Ruthven replied yes. Commissioner Duffy questioned staff regarding if the elevations or contours have been changed? Ron Ruthven replied he would have to refer to Engineering for that. City Attorney Kailas stated the issues to be discussed are the front setback and the sidewalk waiver request. He stated there is an ordinance in place, beyond that would be code enforcement issues. Commissioner Duffy concurred and stated if the developer is in a stop work because the plans were read wrong, this correction to the ordinance is to help the developer. Commissioner Byerly questioned staff regarding if the tree buffer is not an issue to be discussed today? City Attorney Kailas concurred. Commissioner Redfearn questioned Mr. Bagwell, for clarity, regarding his recommendation of the 15 foot setback. Mr. Bagwell replied correct. Discussion occurred between Commissioner Redfearn and Mr. Bagwell regarding the front setback and sidewalk placement. Mr. Dykes stated the homes will be around 3,200 to 3,800 square feet. He stated there are 14 plans ready. He stated not being in favor of moving the sidewalk to the curb. He stated wanting to build a four foot sidewalk not a five foot sidewalk. Commissioner Duffy questioned the Chair regarding what is this ordinance requesting? Commissioner Byerly stated this ordinance is requesting to reduce the setback to 15 feet for a front facing garage and originally waive the sidewalk, but the applicant has withdrawn the waiver request regarding sidewalks. City Attorney Kailas suggested that the City of Colleyville Page 8 Printed on 12/31/2007 Planning and Zoning Commission Minutes -Draft December 10, 2007 Commission in the motion, to deny the sidewalk request. Commissioner Phelps questioned staff regarding if the sidewalk waiver denial is in the ordinance? Ron Ruthven replied the ordinance was written with the sidewalk waiver request being granted. Commissioner Redfearn moved to approve case Z-07-037 with the 15 foot setback and deny the sidewalk waiver request. Commissioner Phelps seconded. Commissioner Duffy questioned City Attorney Kallas regarding since this is a PUD amendment, can the Commission specify the size of the sidewalk? City Attorney Kallas stated that would be appropriate if the maker of the motion would like to amend. Commissioner Duffy questioned Commissioner Redfearn and Commissioner Phelps if they would be willing to amend the motion to make the sidewalk adjacent to the curb and five feet in width? Commissioner Redfearn stated he would. Commissioner Phelps stated if there is not any specific language put into the ordinance, city standards requires a four foot sidewalk. He stated he would prefer to go with the standard sidewalk. Commissioner Byerly stated that being a no from Commissioner Phelps. He stated to let the Commission vote to see where it will stand. Commissioner Duffy questioned the Chair regarding if the four foot sidewalk could be adjacent to the curb? Commissioner Byerly questioned Commissioner Duffy if that was a second amendment offer? Commissioner Duffy concurred. City Attorney Kallas stated the Council has approved the PUDR with certain regulations in it. He stated he withdraws the comment that the Commission could amend the PUDR regulations. He stated the Commission can recommend a waiver to those requirements but not a more intense use. Commissioner Duffy stated this just being about the placement of the sidewalk, it will still be a four foot sidewalk. Commissioner Phelps stated he would not be in favor of the placement of the sidewalk adjacent to the curb. He stated he would like to leave that up to the developer or current code. City Attorney Kallas questioned staff regarding if the Development Code states the placement of the sidewalk. Jeremy Hutt, Engineering, replied if the sidewalk is adjacent to the curb, then it will have to be five feet. He stated there is not a distance requirement if they do not tie it into the curb. City of Colleyville Page 9 Printed on 12/3'!/2007 Planning and Zoning Commission Minutes -Draft December 10, 2007 City Attorney Kallas stated to Commissioner Duffy that the Council has approved the four foot wide sidewalk, therefore, the Commission can not recommend placement. Commissioner Byerly restated the motion: Commissioner Redfearn moved to approve case Z-07-037 with the 15 foot setback and deny the sidewalk waiver request. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 -Knox, Redfearn, Clardy, Phelps, Byerly Nay: 1 -Duffy Absent: 1 - Dudziak 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Byerly requested staff to look into the Code Enforcement issues stated tonight regarding drainage and the tree buffer. Commissioner Duffy questioned staff regarding an update for the joint meeting with City Council and the Commission? Chris Fuller replied there are none at this time, however, if you would like to submit comments or information, you may do so. 11. ADJOURNMENT The meeting adjourned at 8:41 p.m. I hereby 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 Cify of Colleyville Page 10 Printed on 12/31/2007 City of Colleyville Collew0•ille,aTexas 76034 (817) 503-1000 '~"" /4getlda BPlefltlg www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 01/14/2008 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a Minor Plat for Lot 1, Block 1 of the Thomas Cole Addition on 1.9 acres located at 4812 Bransford Road, Case P-08-001 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 01/14/2008 Planning and Zoning Commission Title Approval of a Minor Plat for Lot 1, Block 1 of the Thomas Cole Addition on 1.9 acres located at 4812 Bransford Road, Case P-08-001 Explanation Andrew Butler is the developer of a 1.9 acre tract of land located at the southwest corner of Glade Road and Bransford Road. The developer has submitted a request for approval of a Minor Plat, which will consist of one single family residential lot. Approval of a plat is required prior to the issuance of building permits. A minor plat submitted by the applicant for this property was denied by the Planning and Zoning Commission on November 12, 2007 due to technical non-compliance with the Land Development Code. The applicant has resubmitted the plat and has corrected the items that did not meet the requirements of the Land Development Code. Zoning. The property is zoned R40-Single Family Residential. The R40 zoning district requires a minimum lot width of 150 feet, lot depth of 150 feet, and a minimum lot area of 40,000 square feet. The subject property meets the minimum lot area, lot depth and lot width as required by the R40 zoning district. Sidewalks and Trails. The Land Development Code requires sidewalks along all public streets. There are existing sidewalks located along Glade Road and Bransford Road. The developer will be responsible for replacing and/or repairing the sidewalks should damage City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued occur during the construction process. Drainage. A lot grading plan will be necessary at time of building permit for the construction of new homes. The Engineering Department will review and accept lot grading plans during the building permit process. The Colleyville Master Drainage Plan, prepared by Halff and Associates indicates the presence of 100 year flood plain on this property. The Engineering Department will review the lot grading plans in accordance with the Colleyville Master Drainage Plan. Parkland Dedication Fees. Parkland dedication fees are not required since there is an existing house is located on the iot. Tree Preservation. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. 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 1/11/2008 Location and Zoning Map CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE December 21, 2007 TO ANDREW BUTLER FAx 817.788.4845 FROM Ron Ruthven, Development Coordinator SUBJECT P-08-001 Minor Plat -Lot 1, Block 1 Thomas Cole 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. Sue Oliver is the current owner of record for subject property to be platted and, therefore, she must be added to the plat as the owner and Thomas Cole Custom Homes must be deleted. However, if the property was recently purchased by Thomas Cole Custom Homes, provide an official county document, such as a deed or tax certificate, indicating Thomas Cole Custom Homes as the current owner. 2. The scale indicated on the plat is not correct. Correct the scale to match the plat measurements. 3. Indicate the date the plat was prepared and include the day as well as the month and year. 4. Add a Point of Beginning to the plat. 5. Add the surveyor's signature to the plat. 6. Indicate the proposed subdivision boundary with a dark, heavy line. 7. Indicate all right-of--way dedications with shading orcross-hatching. 8. Verify the current right-of--way widths for Bransford Road and Glade Road with the Engineering Department and indicate the street centerline. Contact Jeremy Hutt, Project Engineer at 817.503.1095. 9. Remove "Proposed Lot 1" from the lot and replace it with "Lot 1, Block 1". 10. Remove all setback lines except for the front yard setbacks. 100 Main Street -Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-08-001 MINOR PLAT OF THOMAS COLE ADDITION 11. Remove the feature "X on Sidewalk" from the plat. 12. Remove Note 2, which states: "Lot corners to be set at approval of final plat". 13. Remove "Proposed Zoning: R-40" from the title block. 14. Change the utility easement noted on the south side of the subject property from 5 feet to 7.5 feet. 15. Change all utility easements on the plat to read "drainage and utility easement". 16. 100-year WSEL has been determined for this tributary. All improvements will need to be in accordance with this information. Contact Jeremy Hutt, Project Engineer, 817.503.1095, for more information. 17. Indicate the 100 Year Flood Plain on the Plat as a drainage easement. No improvements will be permitted in the designated flood zone. A copy of the flood study is available through the Engineering Department. Contact Jeremy Hutt, Project Engineer, 817.503.1095, for more information. 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 FAMILY DETACHED HOUSING unit. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE P-08-001 MINOR PLAT OF THOMAS COLE ADDITION PARKLAND DEDICATION. There are no parkland dedication fees due since there is an existing house on the property. SIDEWALKS/TRAILS. There are existing sidewalks located on this site along Glade Road and Bransford Road. The developer will be responsible for replacing and/or repairing the sidewalks, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, January 14, 2008, 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, January 4, 2008, in order to make the scheduled hearings. Please contact me at ruthvenrCa~,ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 3 OF 3 Applicant's Response From: Andy Butler Sent: Monday, January 07, 2008 9:45 AM To: Ron Ruthven Subject: RE: Applicant's Response Hi Ron, Please see our responses below. 1. Corrected on plat 2. Corrected on plat 3. Completed 4. Completed 5. Completed 6. Completed 7. Completed 8. Verified the ROW with Amy and Ron - it is correct 9. Completed 10. Completed 11. Completed 12. Completed 13. Completed 14. Corrected 15. Corrected 16. Ed Kellie Engineering coordinated with Jeremy and is showing the flood plain on the plat 17. The 100 yr flood plain is now shown as a drainage easement. Please let me know if you need anything further. Thank you Andy Butler Thomas Cole Custom Homes 817-703-5535 ry~ ` ' o €~ r :¢ y 6 a = - g t s _ ~ ° ~ - ~ i~Q~a~ Fiat ~ : ~ '~ ~ ~a S$ x~ ~ S e j 4 s s o a x ~ ~w g y ~~ a ~ 3 ~ .. ~ e 'nxa~ 8€ ~ ~8 F 3 ~ a ~ ~ ~'~si S~* e a fa s e o °m0 a~ @w ~~~~ ~ @@ ; , g °E ~ age ~°i314~4 i ~ ~~ o " SCh ~~ ~ ~ § ~ vv~.i jj s€€ ~ ~ FjL t a . ~ o~~ ~ f ~ tt$Sx ~t I~F 4~ J E i ~. 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K ~€.F§~ ~~ ~d: ~~ s ? ~~ {~ 3 ~~~ it -1~ ~ a r ~: R €~ ~ ~ 2? ~ o ~~ a '> S 3 c~ 3 ~a ~~~R , e ~ tae:¢'7 ~ e :.~~ ~+~ De©~~©o60~~~ O ~ a~~ ° ,yi ~~ d ~fia ~~5f i-7'1 ~BS~ ~;fy 3s"s e g~~;. ~ae~3 ~ ~.s ~§F~. _ ~ ~fgi 3 ~A~6& s s o~?8C~3 c-'.; t,a ~Fa~~FW ~tt,~~ y City of Colleyville ColleyvilleaTexas76034 (817) 503-1000 ~r~, ~" Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Agenda Date: 01/14/2008 Controlling Body: Planning and Zoning Commission Requester: Community Agenda No.: 8a Final Action: Development Department File Name: Approval of a request for a zoning change from R40-Single Family Residential to R30-Single Family Residential on 1.5 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey located at 6101 Hunter Lane, Case Z-08-001 Attachments: Location and Zoning Map Notification List Development Review Committee Memo Applicant's Response Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 01/14/2008 Planning and Zoning Commission Title Approval of a request for a zoning change from R40-Single Family Residential to R30-Single Family Residential on 1.5 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey located at 6101 Hunter Lane, Case Z-08-001 Explanation Jerry and Janet Moore submitted a request to rezone 1.5 acres of land located on east side of Hunter Lane. The applicant is requesting to rezone the property from R40-Single Family Residential to R30-Single Family Residential. The Planning and Zoning Commission recommended denial for a zoning request from R40 to R20 on the subject property at the September 24, 2007 meeting. The previous applicant, not associated with the current applicant, did not appeal the Planning and Zoning Commission recommendation for denial to the City Council. Existing Conditions. The subject property consists of one tract that is not platted. The property is currently developed as a single residential lot that contains an existing home. Upon approval of the rezoning request the applicant intends for the existing home to remain and to subdivide the property into two separate lots. Lot Sizes. The applicant has submitted an exhibit illustrating the existing and proposed property boundaries. The R30 zoning district requires a minimum lot area of 30,000 square feet, lot width of 125 feet and lot depth of 125 feet. This site does not contain sufficient City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued -- width to accommodate the R30 zoning district development standards for two lots with regard to lot width requirements. As proposed, the lots would each be approximately 102 feet wide. Therefore, contingent upon approval of the zoning request, the approval of a plat waiver to the minimum lot width requirement would be required if the property is to be platted into two lots. Applicant's Response to the Development Review Committee Memo. In the attached applicant's response letter the applicant requests that the perimeter street and parkland dedication fees be paid at the time of the building permit application. The applicant has since been notified that these fees must be paid prior to the plat being filed with the County Clerk. Additionally, the applicant requests a waiver to the sidewalk construction requirement along Hunter Lane. Only the City Council can grant waivers to sidewalk requirements and there can be no waiver granted on any of the required fees and sidewalks requirements requested by the applicant as part of this zoning request as it is a straight rezoning request from R40 to R30. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. The property to the north is zoned AG-Agricultural and contains a single family home; the property to the south is zoned R40-Single Family Residential and contains a single family home; the properties to the west are zoned R40 and R20-Single Family Residential with existing single family homes, and the properties to the east are zoned AG-Agricultural and R~40-Single Family Residential and developed as a single family residence and a religious building.. Public Notification. Staff mailed notices to 17 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence with regard to the request. Summary. The proposed zoning request is compliant with the Master Plan. However, the proposed lots do not meet the R30 zoning requirements with regard to lot width. Therefore, approval of a waiver would be required at the time of platting if the property were to be divided into two lots. Recommendation Approval City of Colleyville Page 2 Printed on 1/11/2008 Location and Zoning Map 61 13 6201 6103 6129 Site ;m 61'00 6115 z 6101 ~'~" '0 6101 6001'. 5918 . 5517 - 704 6208 6200 .61:00 604 608 612 800 804 SHELTON R Notification List ACCOUNT OWNER NAME OWNER ADDR 07721463 Luxor Real Estate Investment PO Box 11 05878004 Rice, Fred C Etux Mary L 6103 Hunter Ln 04523032 Willis, Scott A & Mary D 6114 Pleasant Run Rd 04267486 Young, Bradley A Etux Beverly 6100 Hunter Ln 04523040 Willis, Scott A & Mary D 6114 Pleasant Run Rd 06515142 Love, Kevin D Etux Margaret M 6000 Hunter Ln 07721072 Congregation Beth Israel PO Box 397 04838327 Pine, James W 5918 Hunter Ln 04424581 Workman, Teri L 6001 Hunter Ln 00020095 Allen, Jerry E 5917 Hunter Ln 04267575 Allen, C L 704 Shelton Dr 41016475 Huggins, Charles Etux Ann 700 Shelton Dr 40350932 Stephens, Billy G Etux Dinah 612 Shelton Dr 04989562 Kerlee, Twyla 800 Shelton Dr 7903006 Combs, Bob Joe 300 Bourland Rd. Combs, Bob Joe 300 Bourland Rd. 04267567 Wilmut, Nadine M Est 1119 Old Fort Sugar Hill Rd Jerry and Janet Moore, applica, 700 Shelton Dr OWNER CITY Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Colleyville Keller Keller Old Fort Colleyville OWNER OWNER STATE ZIP TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76034 TX 76248 TX 76248 NC 28762 TX 76034 SITUS ADDR 6208 Pleasant Run Rd 6103 Hunter Ln 6200 Pleasant Run Rd 6100 Hunter Ln 6114 Pleasant Run Rd 6000 Hunter Ln 6100 Pleasant Run Rd 5918 Hunter Ln 6001 Hunter Ln 5917 Hunter Ln 704 Shelton Dr 700 Shelton Dr 612 Shelton Dr 800 Shelton Dr 6106 Hunter Ln 6104 Hunter Ln 6101 Hunter Ln applicant Public hearing notices were mailed on Wed. Jan. 3, 2008 by Amy Shelley Signature CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE December 21, 2007 TO JERRY AND JANET MOORE EMAIL jmoore312@hotmail.com FROM Ron Ruthven, Development Coordinator SUBJECT Z-08-001 6101 Hunter Lane - R40 to R30 The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Will the existing structure(s) remain on the proposed Lot 1? If so, provide the R30 zoning setbacks (front, rear and side) in order to determine compliance with the R30 development regulations. 2. Upon approval of the rezoning request, the property must be platted prior to development. Refer to Chapter 8 of the Land Development Code for plat requirements. 3. If the zoning request is approved, the property shall be subject to the general provisions of the R30 zoning district. If, as the zoning exhibit indicates, the property will be subdivided, a waiver request will be required as the minimum lot width required in the R30 zoning district is 125 feet. Any decision by the Planning and Zoning Commission to grant a waiver for a plat is discretionary and, therefore, may be for denial or approval. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat for Hunter Lane. Perimeter street improvements are required for the newly created lot(s) since Hunter Lane is considered an unimproved street. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. 100 Main Street -Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-08-001 6101 HUNTER LANE R40 TO R30 IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY $2,187 for a SINGLE FAMILY DETACHED HOUSING unit. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per newly created lot. Proposed Lot 1 is exempt from parkland dedication fees as there is an existing house on the property. SIDEWALKS. The Land Development Code requires sidewalks on Hunter Lane. The sidewalk along Hunter Lane must be a minimum of four (4) feet in width and installed when any new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, January 14, 2008, 7:00 p.m. City Council: Tuesday, February 5 and February 19, 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; ^ 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, January 4, 2008, in order to make the scheduled hearings. Please contact me at nrthvenr(cr~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 Applicant's Response R~c~iv~o TU: Run Ruthven, Development Coordinator JAN O 4 2008 FROM: Jerry and Janet Movre Per .......~ . RE: Z-US-001 6101 Hunter Lane - R4U to R30 Thank you t~~r you memo to us regarding rezoning our lot at 6101 Hunter Lane. We have reviewed the memv and have provided a response below to the city's questions and comments. The existing structure will remain on Lot 1. The current structure sits approximately 60 feet from the front of the property. There are 2.5 feet on the north side between the structure and the existing property line and t 5 feet on the south side between the structure and the proposed new property line. In the back of the property there is approximately !/z acre. 2. The subdivided lot will be platted prior to development in accordance with the city's Land Development Code. We understand that the Planning and Zoning Commission will need tv grant a waiver since the rezoning will create a lot that dues nut meet the minimum lot width for R30. PERIMETER STREET IMPROVEMENTS. We understand that we will be responsible for perimeter street improvement fees that lot incurs. We are~asking that any fees for perimeter street improvements be paid when the building permit fur the newly created lot is submitted. IMPACT FEES. We understand that we will be responsible for impact fees including roadway, water, and sewer fees. We also understand that these fees will be due when a building permit is issued for the new structure on the newly platted lot. TREE PRESERVATION. We understand that trees not located within the right of way or within under the pad site must be preserved and will place protective fencing around these trees during the entire construction period. PARKLAND DEDICATION FEES. We understand that parkland dedication fees will be assessed at the time of approval of the subdivision plat. We also request. that any fees be paid at the time a building permit is issued fur the newly created lot. SIDEWALKS. Although the Land Development Code requires sidewalks on Hunter Lane, we are requesting that this requirement be waived as there are nv other sidewalks on any of the lots on Hunter Lane. ~~~ ORDINANCE 0-08-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.5 ACRES ON TRACT 2F02, ABSTRACT 1692 OF THE JOSEPH WHITE SURVEY, FROM THE R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO R30-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-08-001; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-XXXX Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 1.50 acres on Tract 2F02, Abstract 1692 of the Joseph White Survey from the R40-Single Family Residential zoning district to the R30-Single Family Residential zoning district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map and described in the attached Exhibit "B", labeled Legal Description. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-08-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 I' 15 6201 6129 6115 6101 boa &01 6226 -6117 6212 6212 6'115 6113 6208 AG Site 6103 6200 m 6100 z 6,01 R-4o 611A R-~~° 6001 5918 6100 i 7oa 608 ~-612 eoo ~ eoa SI-1ELTON R 6pg 609 i01 705 801 805 EXHIBIT "B"-Legal Description BEING A TRACT OF LAND Ol1T OF THE JOSERH WHITE SURVEY, ABSTRACT N0. 1692, TARRANT COUNTY, TEXAS, AND eEING THE SAME TRACT` OF LAND AS DESCRIBED IN DEED RECORDED iN VOLUME 417?, PAGE 236, DEED RECORDS, TARRANT COUNTY, TEXAS. AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 5{6" IRON PIN FOVND FOR THE SOUTHEEST CORNER OF TRAC"I BEING DESCRIBED, SAID POINT BEING THE SOUTHWEST CORNER OF LOT t . DUNK SUBDMSION, AN ADDITION TO THE CITY OF COLL.E1MLlE. TARRANT COUNTY. TEXAS, THE NORTHWEST CORNER OF LOT 1. BLOCK 1. CONGREGATION BETH ISRAEL ADDITION, AN ADDITION TO THE CITY OF COLL.EYVILLE, TARRANT COUNTY, TEXAS. ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 6042,. PLAT RECORDS, TARRANT COUNTY, TEXAS, AND LOT 1, $LOCK 1, NADINE ADORION. AN ADDITION TO THE CITY OF COLLEYVILLE, TAI2RANT COUNTY.. TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 144, PAGE 51. PLAT RECORDS. TARRANT COUNTY. TEXAS; THENC£: NORTH 89 DEGREE& 23 MINUTES 40 SECONDS WEST 320.40 FEET ALONG THE NQRTH UNE OF .SAID LOT 1, BLOCK t, NADINE ADDITION TCJ A PK NAIL SET tN THE EAST UNE OF HUNTER LANE FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE NORTH 204.24 FEET ALONG THE EAST LINE OF SAID HUNTER LANE. TO A PK NAIL SET FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 89 DEGREES 23 MINUTES O1) SECONDS EAST 10.60 FEET TO THE SOUTHWEST CORNER OF LOT t. BLOCK 1, FRED C. RICE SUBOMSION, AN ADDffiON TO THE CIiY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, AND CONTINUING IN AU. 320.00 FEET ALONG THE SOUTH UNE OF SAtQ LOT 1, BLOCK 1, FRED C. RIGS 5UBDMSION TO A CAPPED IRON PIN SET IN THE WEST LINE Of L07 2, SAID DUNN SUBDIVISION FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, THENCE SOUTH 2134.20 FEE'i` ALCSNG THE WEST UNE OF SAID DUNN SUBONISION 70 THE POINT OF BEGINNING AND CONTAfNiIJG 1:50 ACRES OF LAND, MORE t3R LESS ~i(1 -fir, , ~~~~ ~~ ~~~~~~~~~~~ 100 Main Street Colle ville, 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: 01/14/2008 Agenda No.: 8b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from AG-Agricultural to R20-Single Family Residential on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-08-002 Attachments: Location and Zoning Map Notification List Development Review Committee Memo Applicant's Response Letter in Opposition Zoning Exhibit • Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 01/14/2008 Planning and Zoning Commission Title Approval of a request for a zoning change from AG-Agricultural to R20-Single Family Residential on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-08-002 Explanation Curtis Young submitted a request to rezone 6.4 acres of land located on the south side of Glade Road, south of Riverwalk Drive. The applicant is requesting to rezone the property from AG-Agricultural to R20-Single Family Residential. Existing Conditions. The subject property consists of one tract that is not platted. The property is currently developed as a single residential lot that contains an existing home. Zoning Request. The developer has submitted a zoning exhibit that illustrates future plans to subdivide the property into nine residential lots with frontage along a newly constructed public street. Upon approval of the rezoning request, approval of preliminary and final plats will be required prior to the issuance of building permits. Lot Sizes. The developer has submitted an exhibit illustrating the property boundaries. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100-feet and lot depth of 125-feet. The developer proposes to construct a cul-de-sac to provide lot frontage. This site contains sufficient area to accommodate a nine lot development. _- __ City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing 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. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The proposed R20 zoning district could yield approximately 13 lots, which would exceed the suggested 1.8 dwelling units per acre. However, in order to subdivide the property a street must be constructed along the perimeter of the property to provide the requisite lot frontage. The construction of a street will consume approximately one-fifth of the total land area, which will reduce the number of lots that may be developed to approximately 11 lots. Eleven lots would produce a density of 1.7 dwelling units per acre. The applicant is proposing nine lots which yields a density of 1.4 units per acre. The Master Plan contains a recommendation that estate lots be developed adjacent to collector streets, such as along Glade Road. The proposed R20 zoning district is not fully compliant with that recommendation. The Master Plan designates estate lots as being 30,000 square feet and greater. The developer has indicated on the zoning exhibit that Lot 1, the only residential lot with frontage along Glade Road, will be developed as an estate lot. The proposed lot contains approximately 38,000 square feet. However, accounting for Glade Road right-of-way dedication requirements, the lot area would be approximately 30,000 square feet which will occur at the time of final platting. Lot 1 is a corner lot with frontage along Glade Road and the proposed cul-de-sac. As such, Lot 1 will be required to provide a 30 foot front yard setback along Glade Road that will serve as a greenbelt between the road and the building envelope. The R20 zoning district does not permit the use of conditions to ensure the subdivision of lots greater than as required by the minimum standards of each zoning district. The R20 zoning district requires a minimum lot area of 20,000 square feet. If the zoning request is approved, the property may be subdivided in accordance with the minimum lot standards of the R20 zoning district. Conversely, the lot may be developed as a single estate size lot regardless of the approved zoning designation. Drainage. A preliminary drainage analysis was not required for this rezoning request. However, the applicant has submitted a preliminary drainage exhibit that has been reviewed and accepted by the engineering department. Any improvements made to the drainage on the subject property will require engineering approval at the time of platting. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties along Glade Road to the west and are zoned R20-Single Family Residential and are currently developed as single family residences. Properties to the south and are zoned R20-Single Family Residential and are currently developed as single family residences. The property to the east is zoned AG-Agricultural and is developed as a single family residence. The property to the north is zoned PUDR-Planned Unit Development Residential and developed as office uses. Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. The sidewalks internal to the development must be a minimum of four feet in width and installed when any new structures are built on the property. The sidewalk along Glade City of Colleyville Page 2 Printed on 1/11/2008 Agenda Briefinq Continued Road must be a minimum of five feet in width. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a nine lot development would add approximately 86 vehicle trips per day to the surrounding roadways. Summary. While the proposed zoning request is not fully compliant with the Master Plan regarding the development of estate lots along collector streets, Lot 1, as proposed, would not have direct access to Glade Road and the request is consistent with the recommended residential density of 1.8 dwelling units per acre. Staff feels the request is consistent with the existing the R20 zoning designation in the area and with the single family residential development trends along this portion of Glade Road. Public Notification. Staff mailed notices to 24 adjacent property owners regarding this request. Notice of the public hearing was sent to the Fountains at Riverwalk Homeowner's Association. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one letter in opposition to the rezoning request. Recommendation Approval City of Colleyville Page 3 Printed on 1/11/2008 Location and Zoning Map Notification List ACCOUNT OWNER_NAME OWNER_ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR 06258115 T Cappelli Properties Llc PO Box 619 Addison TX 75001 1209 Glade Rd 04501888 Del Hierro, C & G Bone 5008 Bluebonnet Rd Colleyville TX 76034 5100 Blue Bonnet Dr 40608093 Rcp Glade Road Ltd 32 Village Ln Ste 200 Colleyville TX 76034 1120 Glade Rd 41009711 Chelind LLC 1312 Glade Rd Colleyville TX 76034 1312 Glade rd 07391188 Lansford, Chas W Jr Etux Stacy 1313 Glade Rd Colleyville TX 76034 1313 Glade Rd 04520068 Hubbard, R G PO Box 494 Colleyville TX 76034 Glade Rd 03035778 Grisso, Terance R Etux Candice 1205 Glade Rd Colleyville TX 76034 1205 Glade Rd 03035786 Rodgers, Conrad B Etux Jackie 1213 Garry Lynne Dr Colleyville TX 76034 1213 Garry Lynne Dr 03035794 Whitten, Harold Etux Linda 1209 Garry Lynne Dr Colleyville TX 76034 1209 Garry Lynne Dr 03035808 Cox, Hulen W Etux Dorothy J 1205 Garry Lynne Dr Colleyville TX 76034 1205 Garry Lynne Dr 03035816 Salazar, John Etux Eva 1201 Garry Lynne Dr Colleyville TX 76034 1201 Garry Lynne Dr 03035824 Jackson, George M 1117 Garry Lynne Dr Colleyville TX 76034 1117 Garry Lynne Dr 06395880 Gammil, Greg 1312 Chatsworth Ct E Colleyville TX 76034 1312 Chatsworth Ct E 06395899 Smith, Denis J Etux Mona J 1308 Chatsworth Ct E Colleyville TX 76034 1308 Chatsworth Ct E 06395872 Hautanen, Osmo A 1304 Chatsworth Ct E Colleyville TX 76034 1304 Chatsworth Ct E 06395848 Indukuri, Raju & Vijaya 1212 Chatsworth Dr Colleyville TX 76034 1212 Chatsworth Dr 06395856 Mauney, Keith Etux Tara 1216 Chatsworth Dr Colleyville TX 76034 1216 Chatsworth Dr 06395864 Elmer, Michael Etux Janet 1300 Chatsworth Ct E Colleyville TX 76034 1300 Chatsworth Ct E 06395821 Collins, Michael Etux Janet 1208 Chatsworth Dr Colleyville TX 76034 1208 Chatsworth Dr 41009738 Idol Investments LLC 5555 Lemmon Ave Dallas TX 75209 1304 Glade Rd 04520165 Duke, Clifton R 3416 Circle Bend PI Edmond OK 73034 1301 Glade Rd 41009746 Rsd Equity Partners Ltd 704 Kent Ct Southlake TX 76092 1300 Glade Rd 07783442 Fountains At Riverwalk Office 704 Kent Ct Southlake TX 76092 1301 Stonebridge Dr 41009703 Rsd Equity Partners Ltd 704 Kent Ct Southlake TX 76092 1308 Glade Rd Curtis Young, applicant 1130 N. Carroll Ave. Suite 200 Southlake TX 76092 applicant Rafael Palmeiro, owner 203 E. Northwest Hwy. Grapevine TX 76051 Public hearing notices were mailed on Wed. Jan. 3, 2008 by Amy Shelley Signature CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE December 21, 2007 TO CURTIS YOUNG FAX 817.424.2890 FROM Ron Ruthven, Development Coordinator SUBJECT Z-08-002 1301 Glade Road - AG to R20 The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. At the time of platting, if the street, as depicted on the zoning exhibit, exceeds 600 feet in length, then, per the requirements of the Land Development Code, the street must have a minimum right-of--way width of 56 feet and a pavement width of 36 feet from back-to- back of the curb. 2. At the time of platting, additional right-of--way dedication will be required along Glade Road. Contact Jeremy Hutt, Project Engineer, at (817)503-1094 for detailed requirements. 3. At the time of platting, the proposed street name of "Brook Crossing" will not be acceptable. Contact Ron McKeown, Fire Marshal, at (817)488-6277 for more information. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat for Glade Road. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be 100 Main Street -Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-08-002 1301 GLADE Roao AG ro R20 different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY $2,187 for a SINGLE FAMILY DETACHED HOUSING unit. WATER $2,491 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. SEWER $643 fora 3/4-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per newly created lot. Any assessments for this property are contingent upon future lot configurations and whether or not any existing single family homes exist on the property at the time of platting. SIDEWALKS. The Colleyville Pathways Plan requires a sidewalk to be constructed along Glade Road. The sidewalk along Glade Road must be at least five (5) feet wide and built prior to the acceptance of public improvements for the development. Four (4) foot sidewalks will be required along any new internal street associated with the proposed development. All sidewalks on the proposed new street are required to be constructed when new structures are built on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, January 14, 2008, 7:00 p.m. City Council: Tuesday, Febnzary 5 and February 19, 2008, 7:30 p.m. Please submit the following to our offices: A written letter stating that each comment has been addressed. The above requested items must be submitted no later than noon on Friday, January 4, 2008, in order to make the scheduled hearings. Please contact me at ruthvenr(c~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 ~- ~ MASTER PLANNING URBAN DESIGN ARCHITECTURE LANDSCAPE ARCHITECTURE __ ___ Applicant's Response SAGE GROUP , I N C . January 4, 200$ RPO l -00 Mr. Ron Ruthven Development Coordinator City of Colleyville 100 Main Street Colleyville, Texas 76034 RE: Brook Crossing- Z-08-002 1301 Glade Rd - AG to R20 Ron: Thank you for meeting with us on Wednesday, and for coordinating with Rob and Jeremy for their attendance and input. This letter is intended to serve as a summary of our discussion and as a response to the DRC Memo, dated December 21, 2007. Although all the items listed are to be ac{dressed. at the time of Platting, our discussion was as follows: Item 1: We understand that the cul-de-sac shown on the Zoning Concept Plan (approximately 800' long), exceeds the nominal 600' maximum, triggering a potential requirement for a greater street and ROW width. We also understand that at time of platting, we may request. a variance from this requirement; however, the Fire Marshal would only feel comfortable supporting the variance request should we agree to provide internal Fire Sprinkler Systems to every house in the development. Item 2: We understand that there Inay be an additional ROW dedication of approximately 10', required at platting for Glade Road, based on a 95' total future ROW width, centered on the existing road. We anticipated this in our planning, and have built-in a substantial open space easement and setback into the first lot fronting on Glade Rd., to accommodate such a ROW expansion. Item 3: We understand that the proposed street name of "Brook Crossing" is too close to other names in the city, and will, prior to platting, coordinate alternate names to you for approval.. We also acknowledge the additional information regarding Perimeter Street Fees, Impact Fees, Tree Preservation, Parkland Dedication Fees and the Sidewalk requirements, as listed in the DRC memo. 'T'hank you, and let me know if you have any additional questions. We look forward to meeting with the Planning and Zoning Commission on Monday, .January 14`" Best Regards, SAGE GROUP, INC. W, Curtis W. Youn I on behalf of RP25 Development, L.P., Owner 1130 N. CARROLL AVENUE -SUITE 200 SOUTHLAKE, TEXAS 76092 TEL 817.424.2626 FAX 817.424.2890 llate: r~ebruary 17, 2UU7 Letter in Opposition Page 1 of 3 Amy Shelley _ __ . __ __ ___ From: Info Sent: Thursday, January 10, 2008 2:43 PM To: Amy Shelley Subject: Council meeting z-08-002 January 9, 2008 The City of Colleyville Colleyville City Council Colleyville Texas 76034 Dear Mr. Mayor: Mr. Mayor, Members of the Council, my name is Keith Mauney. I reside at 1216 Chatsworth Court, adjacent to the rear of the Glade Road property subject to discussion on rezoning. I represent the interests of my family and my next door neighbors, The Emlers, at 1300 Chatsworth. We are here this evening to ask for disapproved of this petition as you did last year under the same merits. We welcome any new development in our city, and even in our back yards, which will enhance the quality of life for us personally and/or others collectively. The location and size of this property makes it prime for any developer. The four of us together considered acquiring it ourselves for an identical purpose as the one proposed in this meeting. Our serious interest in this property led us to explore the impact of its development on the adjacent and downstream properties bordering the private lake and communal canal system in the Lakes of Somerset. Apart from the immediate and theoretically limited impact of physical surface contour remodeling of the land, one immediate and two strategic issues arose. These impact issues led to our original disinterest in acquiring the property and our current concerns over its proposed conversion. The immediate issue I referred to does not affect humans in the Council's traditional sense, and the two longer term impact issues affect many more residents than the two families I represent tonight. They bring into this case the standing of the families of all Lakes of Somerset residents located along its canal/lake system. Let me iterate the three areas we know merit your attention, wisdom, and resources. We thank you tonight for your audience. l /10/2008 Date: February 17, 2007 Page 2 of 3 Mr. & Mrs. Keith A. Mauney ;. 1) Water is as dense and incompressible as steel. The Glade Road property is unique in the city of Colleyville in that it is the distal funnel of the extensive surrounding region that directs water runoff exclusively into a private lake (which we privately own and maintain - see exhibit A. Survey and Plat), which further supports and affects the communal flood control canal and lake system in the Lakes of Somerset. Our own engineers advised us that substantial reduction of the open surface of the approximately six acre site will substantially increase the rate-and thus hydraulic pressure force-of water runoff in even modest (defined as less than one inch) rainfall. The modest brick and concrete dam at the runoff end of our lake has not been engineered for such a contingency and would likely not miraculously survive the abrupt and sustained spike of the many tons of additional force generated by runoff from high density surface remodeling. We researched the hydraulic impact effect of a drainage culvert diversion of flow from the Glade Road property directly into our lake and arrived at the same conclusion. Our reasonable concern in this matter, therefore, centers on ensuring beforehand that water volume/ and pressure runoff scenarios are accurately projected and resources are applied to fortify our private dam to avert future problems which might require expensive resolution along multiple fronts. 2) Protected natural wildlife matter an immediate and as yet unresolved issue. It was brought to our attention that the Glade Road property is the probable nesting home to home to the following native species: the red fox, and both white and blue herons. Because of the primitive state of much of the Glade Road land, we are led to believe that these species have been established over many generations and are not transient residents. All three have been observed by the current and former residents throughout all seasons for several successive years. Though we have not received return communication from the Texas Secretary of State regarding the current protective sanctuary status of these residents, we have been advised that the white and blue heron species has previously been accorded special sanctuary protection in Texas, specifically on the campus of Mr. & Mrs. Mauney's former employer, Southwestern U.T. Medical School in Dallas. In the matter of the security of these species-and the fiduciary interests of the property's developer-we ask that the Council defer a decision on the zoning request until verification by the Secretary of State confirms that the food sources, shelter, escape shelter, and nesting shelter of these 1/10/2008 Date: February 17, 2007 Page 3 of 3 wildlife will not be illegally threatened or extinguished. 3) The final issue concerns solid matter runoff. As stated earlier, the topographic stature of the Glade Road property directly affects not only its adjacent rearward neighbors; it also touches literally every resident downstream. Silt runoff, the conjoined twin to water drainage, is an equal if not greater concern, for two reasons: it cannot be projected accurately by quantitative means, and its affect is insidious, covert, and chronic. We assume that the proposed rezoning to single-family development will survive all of our lifetimes. The effect of the particulate runoff will be to decrease the volume capacity of our private lake, a body which exists to maintain the sanitary water level and flow of the canal system in the Lakes of Somerset subdivision. Over the past four years the maximum level of this feeder lake has been depleted by at least three feet. As stated, we realize that any prediction that long-term silt runoff would absolutely increase, decrease, or remain the same is arbitrary and irrelevant. What is certain is that the short term impact of silt runoff from bare land during development over at least eighteen months will be dramatic. The effect will be to further reduce-and threaten-the water resources infrastructure engineered originally for the Lakes of Somerset canal and lake residents. We ask that this Council deny and defer this zoning change until these forward looking matters are carefully researched, documented, and presented for response by the Lakes of Somerset Homeowners Association, whose legal and financial position will be affected. In summary, we are grateful for the interest, skill, knowledge and service the Council offers. The unique posture of Colleyville among the D-FW communities has been the result of the keen focus of its leaders on the long picture. Thank you. We are confident that our concerns have been placed in the best of hands and we look forward to working together to improve even further the fine quality of life Colleyville represents. The Mauneys 1216 Chatsworth Court Colleyville, Texas 76034 1 /10/2008 r ~•{ ~~ o O !j. o s itt ~ ;a~F~t 6 ~ ° "' _ I ~~~` ~ ~ :.~ ,~ , ~~ ~ ~ ~ ~. ~~~ ~ r/' d~~~e~ S N R~ E~gg~~ ~~ ;~ ~~~.~~ ~~~~ ~~ r~~~ ~~ e~ ~ ~ ~~ ~ ,; a ~~~~ ~~~~~ ~~ n /q/9gpg !i{lflti~ ~~~~~I~ { e :~ // ~ F `~ ~ o }e[ ~~ ~ ~ 0 ~~ M ~~ •~ ~~~~ ~> ~' 1 ~ ~ ..I-, ~~ ~~~ ~~~ A° V ; ~ N ' ~ T~ ~ ~ ~ ~~ is ~ s .S ~- I~ -_ .~ __. ~~~i~~if`~ i~}'~~~I~~~ tt .t !i t~itgi t~'F~~~}l~~ {~~~i~~j~~ ~~~t~~~t~fl i~~~(iit~~ i~~"~~i~~~~ ~~iwrt~t~~~ I~~~~~~~~1t[ e°e~~~ i1j~r~ fi~,~ i~`~'~Ii~~ t~t~ . f. II~i t-~lRi .tri .r~~ c:- ~`~~ `~~~~~ tf~~ ~~~ ii~~~~ ~~I ~~: 'iEi~ s~~ y~~r '_ni ~:•. ~ y~~c ~} .g~R F6I ~- '_ ___ 1 ~i~ n~~~~ ";~~.. ,: ;_: __ u ~~~ >r ,i Qa ~~. .- n~Qi~~ ~ ~, T •~ <p 0 r= I Ex~ating zoning: Pue-r SUR OPEWSPACE ~s~ ~ill~E~~ ~;t~tr=~ r(~~ ~u~~;~ ~~~ ~~`~~1;~ k~~3~1~~ R~~i ~Jl~#~ ~I ~ t `ir~~r• eft~~~c~ ~r{• ~~~~ ~ lit ~t ~:~. .F t ~ ;: . ig •~[g'ti ~~~ ttf tiP j hi~ ~ " t -- ---~ ~, --- ~; ~j `~, ~ ~_' ~I I (Ei I ORDINANCE 0-08-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 6.4 ACRES OUT OF THE GEORGE W. TEETER SURVEY LOCATED AT 1301 GLADE ROAD, FROM THE AG-AGRICULTURAL 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-08-002; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-XXXX Page 2 of 3 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 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map and is described in the attached Exhibit "B", labeled Legal Description. Sec. 3. THAT the 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. AND IT IS SO ORDERED. Ordinance 0-08-XXXX Page 3 of 3 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 ~~ 1 ,•!ii~s ii~dn~- tt i. i~2t _~ ~ '~ 131: t r i'u~ b~°'T;y .1116 15OJ 1100 1TOd F' n~ ~F ~~ 712 1-?10 1120 p{1~iF! I ~~OG ~30c F'-AO F:- 1 ~~_ r'`~i9~F d9C[f"I 4901 1 t t{F. 11Q~ iii? 12G~S1~ 1172 ~`t~ 1213 1:3~l5 11CV 1101 1103 ~ ~ -0i~pQ 78~6~ 11`16 -~~ 13t4 -- ~ ~~ t2~ 1=KGi 117~A 31'13 411 r' >>Ol f1L~i _~I'~ 4EOt 12EL7 t ?i ~ i ~7J5 1 I(1[l ~ 7'O-0 1tIId 1'142 err /~ ~i ~ ~'~ ~'~ 43CEr 1373 4F12 d; 13 ='_'~- _, J-.-S-~"_. ` ! 1301 _ 1 -_ i 1 Cat ~ ~~ t tJ5 1 I C~ 11 13 ~~ ti: ~I f 'G 7 71 T ~ F:-'7(i a 7 EG t d i Cf+ ' - i ' f~-~7 1.1,70 ttLU_ 1W if l2~itte 1~C7I tact! i>43 121a 1,16 ~730i 1'3l4 131N~a3t~~ r11j f .16th ~TD7, ~ J ~_ ~.~ ~ ~;1g 4G1E ' ~ / _ .~~a a EXHIBIT "B"-Legal Description LCt.l~dt~TES that +c~xairt tract situated in the Gorge W_ Teeter Surv~cy~ rlbstt~ct 1Vtimtycr 153, in the Gity of'Colleyville Tarrant ~xinty, Texas, and being the same tract. described in the deed to C"lftoci R, Duke and wife, Candace T. bake tt~torded in Volume 6318, Fag+c 328 of the Geed Reci?rds of Tarrant County, Texas; the subject tt~ct hCinB more pacticalr~riy described by metes and braunds as fellows; I~EGIN1~TflYG at the noi~tl~ast cracncr of Sunrise Terrace Section Or<e according to the plat ttcords~si in Volume ~S$-31., page 66 of tli+e fiat Records of Tarran# County, Texas, fresm which. a fvand t~ inch rebar bcaars Norxh 12. Degrees East a distance of t).54 feet; THEi~GE ~dorth 84 Degrees 48 !vl!inutes 17 Srcands East, with the north 1'tnc of the tra~et described in the deal to CIifttut R, Duke encl. wife, Candace I. Duke t+ecc>rdod itl 'Voltirne 6318, Page 3~$ af" the peed Re+cc~rds of Tatrarit CAUnty, Texas (said tract hereinafter referred tb as the °i~tkc tract") a distance of 272,(K feet to a lf2 inch. r~ac fe~ttnd at the northeast earner dof oral the ttc~ithwest corner of the tract d~cribcd in the deed to Rcabert ~,ene ~itsbbard recorded in Volunxe 5804, Page 444 of the said Deed Bards; 'I'IIENC~ South 0! ~ 37 lvfinuccs 4d Se+.-ands East, with the cast line of the said. Duke tract and the wt~ddat line of [!iC-said Habbacd tract dt'ibcd in titre deed recorded i:n Volume 5804,. Page 444 and the Evert line. of another tract to said Robert Gene Hubbard this a7te rorde~ in Volume Ste, Page of the said Deed ReCOrxle a tote! distance of 469.16 feet to a 5i8 inch rehae fr~uad at ~ salient GUrner in (lie north lisle of Block 1 of "l'he I„al:c.s oC Scannersct recorded in cabinet A, Aide 3 E2 cif tlic said Plat Records: "tl;iENGIv Scatuh QO Dees t}Ei Minute. 01 Second. 'Vest, with the north line of said BEc1ck l a distance of 15.47 feet. tc~ a t/2 inch relaar Feaund ut a reentrant corrtcr of said north line, THEbTGE Notch 89 Degrees 37 hfinates ~3 Seconds Nest. ~intinuing with tltc north line cif Rlocle t a tlsttutre of 26.34 feet to a bend. iri saki raarth line, frarn which a SJf3 inc}i rcbar found bears I~iarth 3~ De~,reas Wass a €li•tarpec aCa.3$ feet; THENCE North fig I~g-ees 20 MintRtes 4U 5cconds ~4'cst, continuing with the Werth line of Block ! a distance cif ~7(l, t4 feet to a 2 inch iron pipe (paid pipe was removed by others and. sec in another location and shown hereon faand at the ssutheaat corner of ~unerzc Terrace Stctit~rt'l'wo rect~rdad in Vaitime :813-~8, Page 91 Hof the said Flat Records esrid the southwest corner of the Duke trees; THENC:G NC~rth 00 Llcgrees 10 Minutes 37 Sr~conds'4Ye5t, with the west line cif the Duke tract and. the east litre of srid Sunrise Tarrxct Sections One ~ Two a distance of 48(~.Sta feet returning to the PLC {)F BFGINP+IINC and enclosing 6.x19 acres. `}~ ' 100 Main Street City of C o l l eyv i l l e Colleyville, Texas 76034 - "- (817)503-1000 70~' Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 01/14/2008 Agenda No.: 8c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for outside display and storage on Lot 1 R, Block 2 of the Village Park Addition located at 4701 Colleyville Boulevard, Case Z-08-004 Attachments: Location and Zoning Map Notification List Site Plan Development Review Committee Memo Applicant's Response Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 01/14/2008 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for outside display and storage on Lot 1 R, Block 2 of the Village Park Addition located at 4701 Colleyville Boulevard, Case Z-08-004 Explanation Rob Baldwin has submitted an application for a Special Use Permit (SUP) to allow outside display and storage as part of a proposed ACE Hardware store located at 4701 Colleyville Boulevard. Existing Conditions. The ACE Hardware is planning to occupy the southern portion of an existing 190,000 square foot shopping center located on the subject property along the east side of SH26 between Glade Road and Centerpark Drive. The subject property is currently zoned CC2-Shopping Center district. Development Analysis. The applicant states that outdoor sales are critical to the company's business model and will account for approximately one-third of total sales. The proposed business plans to open sometime in late spring. The breakdown of the proposed outside sales and storage areas is as follows (refer to the attached site plan): • Outside Sales Area: This area will contain approximately 3,150 square feet and is proposed to be located in the parking lot directly in front of the business. City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued Merchandise in this area will include bagged products such as top soils, mulch, rock, pave stones, etc. This area will not be screened or fenced and products will not be stacked higher than four feet. Approximately 22 parking spaces will be removed to create the storage area with six being removed on the northern end in order to "improve circulation for customers to move around in the parking lot". • Outside Sales Area(2): This area will be located along the front of the business between the front wall and the parking lot under a new canopy and will include items -such as concrete mix and seasonal goods, including plants. • Bulk Storage Area: This area will contain approximately 2,754 square feet and is proposed to be located within existing parking spaces located southwest of the main building. Merchandise in this area will include palletized, shrink-wrapped product such as mulch, top soil, etc. and will be full only during the spring growing season. Otherwise, the area utilized for storage will take up only a fraction of the area. Goods stored in this area will be no higher than four feet and no screening is proposed for this area. • New Fenced Sales Area: This area will contain approximately 2,000 square feet and is proposed to be an extension of the existing fenced area, which also contains approximately 2,000 square feet, located on the southern portion of the building. The area will be enclosed by a chain link fence and will not be screened. • Fenced Storage Area: This area will contain approximately 2,520 square feet and is proposed to be behind the existing fenced area,and adjacent to the main building. This area will be screened with slats located between the fence links. Items stored in this area will include empty pallets and shipping materials waiting for delivery with a maximum height of items to be stored of 8 feet. • Fire Lane: A 24-foot fire lane shall be amintained around the building. Parking. The proposed outside storage areas will remove a total of 43 parking spaces from the existing parking lot. There are currently 424 parking spaces provided for this property. The Land Development Code does not designate a specific parking group requirement for hardware stores with outdoor display. Given the spaces removed for the proposed business, the resulting total of 381 parking spaces should be sufficient for the site. Fencing and Screening. The only storage area proposed for screening will be the Fenced Storage Area, proposed to be screened with fenced slats. Staff recommends that any area designated strictly for storage and not sales be screened from all roadway sight lines with either live plant material and landscaping, wood or masonry fencing, a dark, opaque mesh material or a combination of all of these materials. Staff is in the process of negotiating a city/developer agreement with the applicant regarding the screening of the bulk storage area. Master Plan. The Colleyville Master Plan designates the future use of this area for retail land uses. The proposed use of a Hardware Store with outside display is allowed with the approval of a Special Use Permit. Adjacent Zoning and Development. The surrounding properties are primarily developed as retail, office and residential uses. Properties to the north and west are zoned CC1-Village Retail and CC2-Shopping Center and development as retail and offices. The City of Colleyville Page 2 Printed on 1/11/2008 Agenda Briefing Continued properties to the south are zoned CC2-Shopping Center and PUDR-Planned Unit Development Residential and are developed as office and residential uses. Properties to the east are zoned CC2-Shopping Center and RMF Multifamily Residential and are developed as daycare and residential uses. Public Notification. Staff mailed notices to 27 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 outdoor display and storage use in conjunction with a retail hardware store is consistent with the Master Plan. Recommendation Approval subject to the following conditions: 1. General a. This Special Use Permit shall only apply to the use of a hardware store on the subject property. b. All outdoor storage areas shall conform to the descriptions and areas shown on the attached Exhibit "B", labeled as Site Plan. 2.Outdoor Storage Specifications a.0utside Sales Area: Items stored in this area shall be stacked no higher than four feet. No fencing shall be permitted around the perimeter of this area. b. Outside Sales Area (2j: This area shall be limited to the sidewalk adjacent to the building. Goods displayed or stored in this area shall be stacked no higher than six feet. c. Bulk Storage Area: Goods stored in this area shall be no higher than four feet d. New Fenced Sales Area: This area shall be an extension of the existing chain-link fence. e. Fenced Storage Area: This area shall be screened with slats located between the fence links with a maximum height of items to be stored of 8 feet. f. Fire Lane: A 24-foot fire lane shall be maintained around the building. City of Colleyville Page 3 Printed on ~n vwva Location and Zoning Map Notification List ACCOUNT OWNER_NAME OWNER_ADDR OWNER_ CITY OWNER STATE OWNER _ZIP SITUS_ADDR 06271014 Abs Tx Owner Lp 250 E Park Center Blvd Boise ID 83726 4801 Colleyville Blvd 40902218 Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 601 Creekview Ln 40902226 Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 605 Creekview Ln 40902153 Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 804 Creekview Ln 40902137 Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carcollton TX 75006 608 Creekview Ln 40904024 Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carcollton TX 75006 737 Creekview Ln 40904016 Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carcollton TX 75006 733 Creekview Ln 40904008 Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 729 Creekview Ln 40903990 Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carcollton TX 75006 725 Creekview Ln 07067097 Fonberg, Peter D 5452 Glen Lakes Dr Ste 203 Dallas TX 75231 4718 Colleyville Blvd 06989055 Fonberg, Mitchell Etal 5452 Glen Lakes Dr Ste 203 Dallas TX 75231 4714 Colleyville Blvd 06270980 Colleyville 26 Crossing Ltd, Subject Property Owner 8235 Douglas Ave Sfe 950 Dallas T7C 75225 4701 Colleyville Blvd 40902110 Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 600 Creekview Ln 40902145 Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 800 Creekview Ln 40902129 Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 604 Creekview Ln 40902196 Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 724 Creekview Ln 40903982 Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 721 Creekview Ln 07325479 Realty Income Texas Prop Lp PO Box 460069 Escondido CA 92046 4700 Glade Creek Dr 07325479 Realty Income Texas Prop Lp PO Box 460069 Escondido CA 92046 4700 Glade Creek Dr 07067089 Davis, Ken 309 W 7Th St Ste 800 Fort worth TX 76102 Colleyville Blvd 06092802 Daunis, Walter F & Letaine 8900 Crest Wood Dr Fort Worth TX 76179 4609 Colleyville Blvd 07887558 Ervin, Richard L Etux Terri 1155 W Wall St Ste 101 Grapevine TX 76051 4700 Colleyville Blvd 06697275 Colland Ltd 2768 Ore Valley Dr Hartland MI 48353 4507 Colleyville Blvd 06873456 Bank One Texas 575 Washington Blvd FI 4Th Jersey City NJ 07310 4800 Colleyville Blvd 06271030 Wild Pony Colleyville Llc 82 W Armstrong Dr Mustang OK 73064 4717 Colleyville Blvd 06271049 Wild Pony Colleyville Llc 82 W Armstrong Dr Mustang OK 73064 4709 Colleyville Blvd 06271022 Usrp Funding 2001-A Lp PO Box 1671 Orlando FL 32802 4725 Colleyville Blvd Rob Baldwin, applicant 401 Exposition Dallas TX 75226 applicant Public hearing notices were mailed on Thursday, Jan. 3, 2008 by Amy Shelley. Signature Exhibit B Site Plan . . •. WESTLAKE~H~1Rt~WARE - ~I'~E PLAN • ' i OaY~i7Wf.L~BL"1~ f ~ 1~1f ~~ ~ #~ ~ ~ --~~,~•.-• rtt ~,~~~~~ i~+Dr- rs-u~ QAae ar rR~l ~ ' ~ a~e~ae 1 ~~ a n~~ ..~ ~~ .+ J t ~ Outside '~ Y"o` "~ ~~*,p~ ~~~ Parking Sales ~~ To Be ' [ ~ .crams "'u~- ~emo~ed Area ~ ~ i .~ ~ Outside P . + Sales i Area(2) 4 '„ ~ ~' ~ Bulk ~' 7oa~. ~ aae+et • Storage .~ ,. ~ .._ r r_ ..--~ Area ! • New Fenced ~ ' [~ Propdsed Sales Area ~J BuslnesS • ~ t~.- ~, Footprint ~ ~~ f~4'i~" ~~ ~ , Fenced n"o"r Storage ~ _ Area ~ ,~ts,_ ~f e~ ~"~ KK3~.k J e°r:Y:'S' I f 8 ll! ~III~Iwa~ t {~~ F~~ r`k'~,t'_i :111 ~ f ~iifi~~~T~ ~ 4i.~ ' ~, ci:[: t4 w ~,n: ~.¢ I,t: r~ vaz~:fti • _ !'~1 w, e ,:.s~ ~ ~ ^ ~; ~ -.- ~ w ~11M- ~G1oFTf~ sIR[ 1'~4. X04 f.1r.l ~ v.Rd... a+[F • ~ ;rte "'~~~" i ~, it 5111 1GR ~T~TJ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE December 28, 2007 To Rob Baldwin FAX 214.821.7980 FROM Ron Ruthven, Development Coordinator SUBJECT Z-08-004 SUP for Outside Storage - 4701 Colleyville Blvd. The Colleyville Development Review Committee (DRC) has reviewed your Special Use Permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. In order to complete the application process, the following items must be provided as required by the Land Development Code for a Special Use Permit: • A Statement of Planning Objectives describing what is to be achieved in the development proposal for this property. The statement should be prepared as a narrative description of the character of the proposed development. • A Development Schedule indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases can be expected to begin and be completed, to the best of the applicant's knowledge and belief. • Economic Development Information which shall include the following data in table or spreadsheet format: (1) total square feet of building area, (2) estimated sales per square foot, (3) estimated sales per year, and (4) estimated ad valorem taxes per year. 2. Will any screening be provided around the "New Fenced Sales Area", "Outside Sales Area", "Fenced Storage Area" and the "Outside Sales Area" noted on the site plan? If so, describe the proposed screening. 3. Will the proposed "Outside Sales Area" and "Bulk Storage Area" noted on the site plan be utilized year round or for temporary periods of time? 4. Provide a detailed list of items proposed to be utilized for the outdoor storage areas indicated on the site plan. 100 Main Street -Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-08-004 SUP FOR OUTSIDE STORAGE 5. Why are the existing striped parking spaces noted on the site plan proposed to be removed? 6. What will be the maximum height of all proposed outside storage? TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, January 14, 2008, 7:00 p.m. City Council: Tuesday, February 5 and February 19, 2008, 7:30 p.m. RESUBMITTAL REQUIREMENTS Please submit the following to our offices: ^ A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived; ^ 10 full size copies of the revised exhibit; ^ 1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than Friday, January 4, 2008. Please contact me at 817-503-1055 or ruthvenr(c~ci.colleyville.tx.us if you have any questions. C: DEVELOPMENT REVIEW COMMITTEE PAGE 2 OF 2 Applicant's Response Standard Special Use Permit application information requirements: A Statement of Planning Objectives describing what is to be achieved in the development proposal for this property. The statement should be prepared as a narrative description of the character of the proposed development. Outdoor sales are a critical component of Westlake's business model and account for approximately 1/3 of company sales. The product category includes live goods such as flowers, shrubs and trees, block, rock, mulch, concrete mix, paving stones, etc. The areas Westlake utilizes for outdoor sales and storage are well maintained. They are designed to be both attractive and inviting to enhance the customers shopping experience. Potential store locations that do not allow Westlake to fully implement its sales model are not considered viable candidates for development and can not be pursued. • A Development Schedule indicating the approximate date(s) when construction of the proposed development, and subsequent stages or phases can be expected to begin and be completed, to the best of the applicant's knowledge and belief. The alterations to the parking lot would take a day or two to complete and would be done either at the end of March or the beginning of April just prior to store opening. • Economic Development Information which should include the following data in table or spreadsheet format: (1) total square feet of building area, (2) estimated sales per square foot, (3) estimated sales per year, and (4) estimated ad valorem taxes per year. $800,000 in initial annual sales increasing to well over $1,000,000 per year General Questions Regarding the Outside Storage Request: • Will any screening be provided around the "New Fenced Sales Area", "Outside Sales Area", "Fenced Storage Area" and the "Outside Sales Area" noted on the site plan? If so, describe the proposed screening. 1. New Fenced Sales Area -This area would be an extension of the existing enclosure on the south side of the building. The new fence would match the appearance to the existing chain link fence which is not screened. 2. Outside Sales Area (hatched in Green) is located in the parking lot and would not be screened. Merchandise in the area would consist of potting soil, block, rack, paving stones, etc. and would not be more than 4 feet high. Outside Sales Area (hatched in Red) would be on the sidewalk in front of the store and would not be screened. Merchandise displayed on a year round basis would include concrete mix which would not be more than 4 feet high. Live goods which are sold on a seasonal basis would be displayed on plant racking placed against the exterior wall. Plant racking would range from 4 to 6 feet high. 3. Fenced Storage Area (Hatched in Black) -This would be a chain link fence with slats between the links to screen items in the enclosure. 4. Bulk Storage Area - Would not be screened • Will the proposed "Outside Sales Area" and "Bulk Storage Area" noted on the site plan be utilized year round or for temporary periods of time? Both would be utilized on a year round basis but the type of product and the percentage of the area that is utilized would increase and decrease throughout the year in step with the seasons. 100% at the beginning of the spring planting season and then gradually reducing down to 25% or 30% where it would remain until the fall when it would go back up again. The area under the new canopy would have concrete mix year round (maybe 25% of the area) but live goads only in the spring and fall which would utilize all of the area for approximately three months in the spring and a couple of months in the fall. • Provide a detailed list of items proposed to be utilized for the outdoor storage areas indicated on the site plan. Bulk Storage Area (outlined in red) -Palletized bagged goods such as mulch, potting soil, top soil, etc. Although some product would be in the area year round, the area would only be full at the beginning of the spring lawn and garden season and early in the fall when people plant trees and shrubs. The remainder of the year, the portion that is utilized on a continuous basis will be a fraction of the outlined area. Fenced Storage Area (hatched in Black) -This screened enclosure would store empty pallets and shipping materials that are waiting for pick up. • Why are the existing striped parking spaces noted on the site plan proposed to be removed? To provide a clearly defined area for the outdoor sales in front of the building (hatched in green) and provide better separation from parked cars as well as improved circulation for customers to move around in the parking lot. • What will be the maximum height of all proposed outside storage? 4 feet in the Bulk Storage Area (Outlined in Red) and 8 feet inside of the Fenced Storage Area (hatched in black) ORDINANCE 0-08-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1 R, BLOCK 2 OF THE VILLAGE PARK ADDITION, LOCATED AT 4701 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR OUTDOOR DISPLAY AND STORAGE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-08-004; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-XXXX Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1 R, Block 2 of the Village Park Addition located at 4701 Colleyville Boulevard, by authorizing a Special Use Permit for outdoor display and storage, as depicted on Exhibit "A", labeled as Location and Zoning Map. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit shall only apply to the use of a hardware store on the subject property. b. All outdoor storage areas shall conform to the descriptions and areas shown on the attached Exhibit "B", labeled as Site Plan. 2. Outdoor Storage Specifications a. Outside Sales Area: Items stored in this area shall be stacked no higher than four feet. No fencing shall be permitted around the perimeter of this area. b. Outside Sales Area (2): This area shall be limited to the sidewalk adjacent to the building. Goods displayed or stored in this area shall be stacked no higher than six feet. c. Bulk Storage Area: Goods stored in this area shall be no higher than four feet Ordinance 0-08-XXXX Page 3 of 4 d. New Fenced Sales Area: This area shall be an extension of the existing chain-link fence. e. Fenced Storage Area: This area shall be screened with slats located between the fence links with a maximum height of items to be stored of 8 feet. f. Fire Lane: A 24-foot fire lane shall be maintained around the building. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor Ordinance 0-08-XXXX Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map Exhibit B -Site Plan :. ti '' ~ r~~ESn~vc~',Ra~tiaa~~ - si~~ P~aN ~~ i' ~'' ~~. .~ ~ ~~ ~~ ~l i 4 ~. "'r'~r "°~ t:Tr..;c:. na q iii .l<v~..;, h.. n~.: :•yeez~::, u:,av' ~>a~•rr..: Win. mnc -. `~ ww~ i~,nwsw._~_. 1~1n+5KU ~~ ' `~' 100 Main Street -1~ City of Colleyville CoII(8 i7) 03X1000034 ~~~~ Agenda Briefing www•colleyville.com File Number: 0-08-1655 File Number: 0-08-1655 File Type: Ordinance Status: First Reading Version: 1 Requester: Community Development Department Agenda Date: 01/15/2008 Agenda No.: Controlling Body: City Council Final Action: File Name: Approval of an amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code, Case G-08-002 Attachments: Proposed Revisions to Chapter 10 Private Street Subdivisions Table Ordinance 0-08-1655 History of Legislative File Version: Date: Acting Body: Action Text: 1 01/14/2008 Planning and Zoning Commission 1 01/15/2008 City Council Title Approval of an amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code, Case G-08-002 Explanation First Reading and Public Hearining Chapter 10 Private Streets and Entrance Gates. Development of proposed amendments to the Land Development Code is in response to the previsous request by the City Council. The standards for developments in Colleyville with private streets and entrance gates were established with the approval of Ordinance 0-98-1105 on October 20, 1998. These regulations were incorporated into Chapter 10 of the Colleyville Land Development Code on April 18, 2000 and were subsequently revised with the approval of Ordinance 0-05-1513 on March 1, 2005. Included within Chapter 10 of the Land Development Code are the regulations used for considering a request to convert a public street subdivision to a private street subdivision. The process includes written notification to all property owners of record, a public hearing and recommendation from the Planning and Zoning Commission and consideration by City Council. If privatized, the homeowner's association is required to establish a reserve fund for the maintenance and reconstruction of the private streets, drainage facilities and related appurtenances. Existing Private Streets and Gated Subdivisions. Fifteen subdivision plats that contain private streets with gated entryways have been approved by City Council since the adoption City of Colleyville Page 1 Printed on 1/11/2008 Agenda eriefing Continued (0-08-1655) - of the private street and gated development regulations in 1998. The attached table contains a list of the private street and gated developments within the City, the number of lots in each development and the date the subdivision plat was approved. Existing Annual Reserve Fund Contribution Requirement. The annual reserve fund contribution as presently required by the Land Development Code is a minimum of $75.00 per lot unless otherwise determined by City Council. Upon receipt of a request to convert a public street subdivision to a private street subdivision, the Engineering Department will provide an estimate of the annual reserve amount necessary to sufficiently fund the long-term maintenance and reconstruction obligation for the subdivision. The reserve fund contribution amount is determined by calculating the costs of infrastructure improvements distributed among the number of lots in the subdivision with regard to the expected service life of the infrastructure facilities. Infrastructure facilities include streets and drainage facilities. Expected service life includes a dollar amount for the yearly maintenance and eventual replacement of these facilities. The annual reserve amount will vary among neighborhoods as the number of lots, length of roadway and infrastructure service life may differ. Additionally, these estimates are figured using current replacement costs and do not include any inflationary rates. Proposed Revisions to Chapter 10. At the June 5, 2007 Pre Council meeting, comments were made regarding the effectiveness of the reserve fund regulations relative to the long term funding of maintenance and replacement costs for private streets and drainage facilities. Council requested staff develop language that Chapter 10 be amended to eliminate language mandating a reserve fund for private street subdivisions. It should be noted Chapter 10 currently contains language regarding the Council's obligations relative to receiving a petition to accept private streets as public streets. The City is not obligated to accept the private streets as public and should the City consider such a request, the City shall be the final judge of whether repairs are needed to the private streets prior to acceptance. The City may also levy an assessment upon each lot on a pro-rata basis for the expense of needed repairs. Staff recommends that language be added to Section 10-130 Conditions of Approval, within the Petition to Convert to Private Streets section (E): 1. Stating that a notation shall be included on the final plat that states the HOA shall own and be responsible for all costs associated with the maintenance and reconstruction of the private streets, drainage facilities, sidewalks and related appurtenances, and that the City has no obligation to maintain the private streets and drainage systems. Staff recommends that language be added to Section 10-130 Conditions of Approval, within the Petition to Convert to Private Streets section (R): 2. Stating that upon receipt of a request to convert a public street subdivision to a private street subdivision, the petitioner shall provide an analysis of the long term maintenance and reconstruction obligation for the subdivision. This analysis shall be prepared and stamped by a private engineering firm and shalt be submitted to the City of Colleyville. City of Colleyville Page 2 Printed on 1/11/2008 Agenda Briefrnq Continued (0-08-1655) 3. Clarifying that the homeowner's association will be responsible for the repair or replacement of any public facilities damaged during the maintenance and reconstruction of the private streets and drainage facilities. Public facilities include, but are not limited to, sanitary sewer and water facilities. 4. Requiring a notation on the amended plat, upon approval of the request to privatize, stating that all costs associated with the maintenance and reconstruction of the private streets, drainage facilities, sidewalks and related appurtenances shall be the responsibility of the homeowner's association. 5. Requiring a notation within the homeowner's association documents stating that all costs associated with the maintenance and reconstruction of the private streets, drainage facilities, sidewalks and related appurtenances shall be the responsibility of the homeowner's association. The attached copy of Chapter 10 of the Colleyville Land Development Code shows the proposed revisions to the text with text proposed for deletion shown as "strikethrough" and new text shown with "bold-underlined" characters. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommendation was to be determined at the meeting held on January 14, 2008. Financial Impact tt has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printetl on 7/7 vzvu~ Colleyville, Texas, Land Development Code Chi~:pter 10 ,.,. t ..P-~iirate Streets and Entrance Gates ~.. ~ ~ 0~0~08 Section 10-100 Purpose of This Chapter The purpose of this Chapter is to establish regulations for gated subdivisions and/or with privately owned streets. The regulations contained in this Chapter have been adopted under the following authority: A. Chapter 212 -Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. B. Chapter 51-General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. C. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 10-114 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a waiver from a requirement contained in this Chapter, or appeal a decision of an administrative official by submitting a request using the procedures described in Chapter 1 -General Provisions of this Land Development Code. .Section 10-1:15 Definitions Definitions applicable to this Chapter may be found in Chapter 2 -Definitions of this Land Development Code. Section 10-120 'Applicability The regulations contained in this Chapter shall be applicable to any proposed subdivision plat, or to any request to convert a public street to a private street, submitted for approval by the City of Colleyville after October 20, 1998. I~ Section 10-125 Procedure A City Council Approval Required - No existing subdivision shall convert any public street to a private street unless such request has been approved by the City Council, after receiving recommendation from the Planning and Zoning Commission. Furthermore, no proposed subdivision plat shall include a private street unless such plat is approved by the City Council, after receiving recommendation from the Planning Chapter 10 -Private Streets 8 Entrance Gates Page 10 - 1 Colleyville, Texas, Land Development Code and Zoning Commission. The terms "private street" or "private streets" shall be inclusive of streets, alleys, storm drainage systems, entrance gates and structures, sidewalks and traffic signs. B. Public Hearings Reauired - A public hearing shall be required by the Planning and Zoning Commission and City Council for a request for an existing subdivision proposing to convert a public street to a private street. Written notice of such public hearings shall be mailed to the owners of real property situated within 200 feet of the proposed private street subdivision as listed on the last approved City tax roll. Such notice to be mailed not less than ten (10) days before the day set for public hearing. Such notice may be served by depositing letters properly addressed and postage paid in the City Post Office. ~ ~ ~.. . A. Planning Considerations -The following criteria shall be used as guidelines in the review and approval of a private street subdivision. 1. Streets shown on the adopted Thoroughfare Plan of the City of Colleyville must not be used, maintained or constructed as private streets. 2. A subdivision with private streets and alleys must not impede or cross an existing or proposed street as shown on the City's most recent Thoroughfare Plan or approved preliminary or final plats. 3. A subdivision with private streets and alleys must not disrupt or disconnect an existing or proposed City of Colleyville public pedestrian pathway, hike and bike trail, or park as shown on the City's most recent Park Plan. 4. The perimeter of a subdivision with private streets and alleys must include a minimum of eighty (80) feet of contiguous frontage upon a public street. 5. The proposed subdivision with private streets must be zoned for residential purposes in accordance with the Colleyville Land Development Code, and contain twenty-five (25) single- family lots or greater. B. Public Access Considerations - In addition to the above conditions of approval, the Planning and Zoning Commission may recommend denial and the City Council may reject a request for a subdivision with private streets if in the Commission's and Council's judgment the private streets would negatively affect traffic circulation on public streets, impair access to properties or future developments that are either on- site or off-site to the subdivision, impair access to or from public facilities such as schools, parks and libraries, etc., or delay the response time of emergency vehicles. C. Private Street Sidewalks and Drainage Design and Construction Standards -Private streets and sidewalks must conform to the same standards regulating the design and construction of public streets and sidewalks contained in this Land Development Code. The drainage system must meet all the requirements of public facilities in this Land Development Code. D. Traffic Signs -All traffic regulatory signs along private streets must conform to the Texas Manual of Uniform Traffic Control Devices and be maintained by the Homeowner's Association (HOA). E. Homeowners Associations (HOA) Required - A subdivision developed with private streets must have a mandatory HOA which includes all properties served by the private streets. The association shall own and be responsible for the maintenance of the private streets and appurtenances. The association's document must indicate that the streets and drainage systems within the development are private, owned and maintained by the association, and that the City has no obligation to maintain the private streets and drainage systems. The documents shall be filed of record prior to the approval of the final plat. A notation shall be included on the final plat stating that the HOA shall own and be responsible for all costs associated with the maintenance and reconstruction of the private streets, dratnage facilities sidewalks and related appurtenances and that the City has no obltgatton to matntatn the Chapter 10 -Private Streets & Entrance Gates Page 10 - 2 Colleyville, Texas, Land Development Code private streets and drainage systems. Lot deeds must convey membership in the association and provide for the payment of dues and assessments required by the association. The association must not be dissolved without the prior written consent of the City. No portion of the association's documents pertaining to the maintenance of the private streets and assessments thereto shall be amended without the written consent of the City. F. Private Street Inspections. Re~en~e~z.rad TF,o une +, n o +-.+,u +, -, r ccnio fi ~nrl fnr +F,o m~i n+cn~+nr•c sF , ~ . The City shall have authority to inspect all streets, drainage facilities, and related appurtenances on a periodic basis to determine the need for repairs to these capital facilities. The HOA shall repair all drainage and street facilities when instructed to do so by the City, subject to appeal to the City Council. Failure by the HOA to make repairs to streets or drainage facilities which impact drainage up or downstream from the development may result in the completion of needed repairs by the City with an assessment of all costs plus interest accrued from the time the City installs the improvements until all funds are collected. HOA documents must detail this City authority and shall not be amended without City approval. G. Private Street Lot -Private streets must be constructed within a separate lot owned by the HOA. This lot must conform to the City's standards for public street and alley right-of--way. An easement covering the street lot must be granted to the City providing unrestricted use of the property for utilities and the maintenance of same. This right shall extend to all utility providers including telecable companies operating within the City. The easement must also provide the City with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement. The easement shall permit the City to remove any vehicle or obstacle within the private street lot that impairs emergency access. H. Construction and Maintenance Cost -The City shall not pay for any portion of the cost of constructing or maintaining a private street. City Utilities -Water, sanita sewer, storm drainage facilities placed within the private street and alley lot shall be installed to city standards. After completion and acceptance of such facilities, the water and sanita sewer facilities shall be dedicated to the city. All storm drainage facilities in the subdivision shall remain within the ownership and maintenance responsibilities of the HOA. All city regulations relating to infrastructure financing, performance bonds, developer cost participation and capital cost recovery shall apply to developments with private streets. Any and all city executable maintenance bonds covering subdivision construction shall be transferred to the HOA upon approval of the private street subdivision by the City Council. J. Plans & Inspections -Proposed subdivision with private streets must submit to the City the same plans and engineering information required to construct public streets, utilities and related appurtenances. Requirements pertaining to inspection and approval of improvements prior to the City's acceptance of the subdivision shall apply. Fees charged for these services shall also apply. The City shall have the right to inspect the private streets and related appurtenances at any time, and require the HOA to provide the repairs needed to ensure emergency access. The City Council shall be the final judge of whether such repairs are needed. K. Access Restrictions -Guard houses, access control gates and cross arms may be constructed. All restricted access entrances must be manned 24 hours every day, or provide an alternative means of ensuring access to the subdivision by the City and other utility service providers with appropriate identification. If the HOA fails to maintain reliable access as required to provide city or utility services, the City shall have the right to enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the HOA, subject to approval by the City Council. The HOA's documents must contain provisions in conformity with this paragraph which must not be amended without the written consent of the City. Chapter 10 -Private Streets 8 Entrance Gates Page 10 - 3 Colleyville, Texas, Land Development Code L. Restricted Access Entrance Design Standards -Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 24 feet at the location of the access control device. If an overhead barrier is used, it must have a minimum height above the road surface as required by the Fire Code for fire lanes. The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems, must meet City guidelines or policies and must be approved by the City prior to installation. The gates, cross arms and opening devices must be tested and accepted by the City prior to being put into operation. Gate designs may incorporate one or two gate sections to meet the required minimum width of 24 feet. If the entrance is to incorporate a median, guard shack, or similar structure that necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if approved by the City, but in no case shall any single gate or street pavement have a clear opening of less than 18 feet in width nor fourteen (14) feet in height. (0-00- 1261 / 12/19/00) All restricted access entrances shall be equipped with the Opticom gate opening system. The system shall be maintained by the HOA in good working condition at all times. M. Visitor Entrance Design Standards - At least one entrance per subdivision with private streets must be equipped for visitor access. In addition to the above Restricted Access Entrance Design Standards, said visitor entrance must be equipped with a call or code box located at least 50 feet from the boundary of the subdivision to provide for visitors calling in and automobile queuing. The City reserves the right to require the developer to provide a detailed study to determine if the traffic generated by the proposed development will warrant the call or code box to be set back greater than the 50 foot minimum requirement in order to ensure sufficient vehicle storage or queuing space. Aturn-around space with a minimum outside radius of 30 feet must be located between any call or code box and access control gate or cross arm to allow vehicles denied access to safely exit onto public streets in a "head out" position. A sign must be erected next to the edge of such turn around space to prohibit vehicle parking in such space. Residents entrance used in combination with a visitor entrance shall comply with the requirements of this paragraph. N. Resident Only Entrance Design Standards - In addition to the above Restricted Access Entrance Design Standards, an access control gate or cross arm that requires residents to use a key, card or code to gain access must be set back a minimum of 50 feet from the boundary of the subdivision to provide for automobile queuing. Resident entrances equipped with an electronic opener that allows residents to remotely open the control access gate or cross arm and enter the subdivision without having to stop are exempted from this requirement. A sign must be erected next to any resident entrance that does not meet the 50 feet setback requirement of this paragraph and does not provide aturn-around space with a minimum outside radius of 30 feet to indicate that it is for resident use only and not for visitors. O. Hold Harmless -The subdivision final plat and the HOA's documents must contain language whereby the HOA, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: a) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the City, its officers, agents, licensees, servants and employees; b) the condition of the private streets, private street lights, private entrance gates or structures, private walls or fences, private pedestrian access, private storm drainage systems and emergency access; or c) any use of the subdivision with private streets by the City, its officers, agents, licensees, servants and employees for any purpose related to the exercise of a governmental function or service, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of City. The HOA shall be responsible for carrying liability insurance to meet the requirements in this paragraph. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. P. Revocation of Private Street Permit -The City Council, after giving a sixty (60) day notice to the HOA, its successors or assignees and after holding a public hearing, may revoke a private street permit issued to a subdivision with private streets if the Council finds that the private street permit was obtained by fraud or deception, or if the HOA fails to provide reliable emergency access. The revocation of a private street permit shall give the City the right to inspect the private streets and levy an assessment upon each lot on Chapter 10 -Private Streets 8~ Entrance Gates Page 10 - 4 Colleyville, Texas, Land Development Code a pro-rata basis for the expense of needed repairs. Said assessment shall constitute an assessment lien upon the lot against which each assessment is made. The City Council shall be the final judge of whether repairs are needed. The City shall also have the right to require, at the HOA's expense, the removal of guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot. If the permit is revoked, the HOA ' reserve-quad is insaffisient the '^}--~~w :e:s will be assessed the di#erepse cost for appropriate maintenance. The HOA's documents must provide for the City's right to require said assessment and removal of improvements. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. Q. Petition to Convert to Public Streets -The HOA may petition the City Council to accept private streets as public streets and rights-of--way upon written notice to all HOA members and upon receipt of the notarized signatures of 100% of the HOA's membership indicating approval. However, in no event shall the City be obligated to accept the private streets as public. Should the City Council elect to grant the petition, the City shall have the right to inspect the private streets and estimate the expense of repairing the private streets and removing gates, guard houses, access control devices, landscaping or other amenities located within the private street lot. The City shall be the final judge of whether repairs are needed to the private streets prior to acceptance. Before approval by the City Council, the petitioners or their designee must contract with the City for payment of 100% of the City's estimated expenses. R. Petition to Convert to Private Streets -The homeowners may petition the City Council to convert public streets to private streets upon written notice to all the neighborhood's members and upon receipt of the notarized signatures of 100% of the neighborhood's homeowners indicating approval. A subdivision petitioning to have private streets must have a mandatory HOA which includes all properties proposed to be served by the private streets. However, in no event shall the City be obligated to convert public streets to private streets. tlae-~19A- Upon receipt of a request to convert a public street subdivision to a private street subdivision the petitioner shall provide an analysis of the Iona term maintenance and reconstruction obligation for the subdivision This analysis shall be prepared and stamped by a private enaineerina firm and shall be submitted to the City of Colleyville. The homeowner's association will be responsible for the repair or replacement of any public facilities damaged during the maintenance and reconstruction of the private streets and dra~naae facilities Public facilities include but are not limited to samtarv sewer and water fac~ltties. A notation within the homeowner's association documents stating that all costs associated with the maintenance and reconstruction of the private streets drainage facilities, sidewalks and related appurtenances shall be the responsibility of the homeowner's association. S. City Attorney Review -All HOA's documents must be reviewed and approved by the City Attorney to ensure that they conform to this and other applicable City policies prior to being filed of record at the County. The developer of a new subdivision shall pay for the cost of the City Attorney's review. T. Subdivision Plat Requirements -The plat dedication certificate and conditions of approval shown in the attached Exhibits "10-A" and "10-B" must be provided in all final plats for subdivisions with private streets." U. Permit Fee - To defray the cost of processing the application, and maintaining City owned electronic emergency equipment, an application fee of $700 shall be paid prior to scheduling the application for public hearing." Chapter 10 -Private Streets 8~ Entrance Gates Page 10 - 5 Colleyville, Texas, Land Development Code EXHIBIT "10-A" PLAT DEDICATION CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT: THAT ,acting by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described real property as an addition to the City of Colleyville, Tarrant County, Texas, and does hereby dedicate to the public's use the emergency access and utility easements shown thereon subject to the conditions of approval stated herein. WITNESS MY HAND at Colleyville, Tarrant County, Texas, this day of , 20_ (provide name and title) EXHIBIT "10-B" CONDITIONS OF APPROVAL: Lot 1, Block A denotes the private access and private drainage easement owned by the Homeowners Association (HOA) of No building permit will be issued for Lot 1, Block A. 2. The landowners and any subsequent owners of lots shown herein (the Lot Owners), jointly and severally, shall be responsible and liable for the construction, operation and maintenance of any private common areas or facilities in the addition created herein (the Addition), including but not limited to private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems, private lake, private open space and landscaping, and emergency access. 3. A HOA shall be established by the subdivider or developer to operate and/or maintain the aforementioned private common areas or facilities. 4. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the aforementioned private common areas or facilities. The City will maintain only the public water and sanita sewer systems in utility easements accepted by the City. 5. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the aforementioned public water and sanita sewer systems in utility easements accepted by the City. 6. Any public utility entities, including the City, shall have the right at all times of ingress and egress to and from and upon the utility easements shown herein for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems. Except for private storm drainage systems, private streets and related entrance gates or structures that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across said public utility easements. Any public utility entity, including the City, shall have the right to remove and keep removed all or parts of any Chapter 10 -Private Streets & Entrance Gates Page 10 - 6 Colleyville, Texas, Land Development Code buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with its respective systems within said utility easements. 7. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that impairs emergency access in the emergency access easements shown herein. 8. Any governmental entities, including the City, shall have the right at all times of ingress and egress to and from and upon the private access easements shown herein for any purpose related to the exercise of a governmental service or function. 9. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata share formula. 10. The construction, reconstruction or repair of any private streets within the Addition must meet the approval of the ri+„ Gn..inoor Director of Public Works and comply with the specifications of the City for public streets at the time of construction, reconstruction or repair. The construction, reconstruction or repair of any entrance gate and structure for the Addition must meet the approval of the Engineering Department and Fire Department of the City. 11. The installation or replacement of all traffic regulatory signs along the private streets must conform to the Texas Manual of Uniform Traffic Control Devices. 12. THE HOA AND LOT OWNERS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY: (A) THE REASONABLE USE OF THE PRIVATE STREETS, EMERGENCY ACCESS, UTILITY EASEMENTS, ENTRANCE GATE OR STRUCTURE BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES; (B) THE CONDITION OF THE PRIVATE STREETS, PRIVATE ENTRANCE GATES OR STRUCTURES, PRIVATE WALLS AND FENCES, PRIVATE PEDESTRIAN ACCESS, PRIVATE STORM DRAINAGE SYSTEMS AND EMERGENCY ACCESS; OR (C) ANY USE OF THE ADDITION BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES FOR ANY PURPOSE STATED HEREINABOVE, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY. THE HOA SHALL BE RESPONSIBLE FOR CARRYING LIABILITY INSURANCE TO MEET THE REQUIREMENTS IN THIS PARAGRAPH. Reserved for listing of amendments to this Chapter. Ord. Number Date Sub'ect 0-00-1261 12/19/00 Restricted Access Entrance Desi n Standards 0-05-1513 03/01/05 Revisions to entire Chapter Chapter 10 -Private Streets & Entrance Gates Page 10 - 7 Private Street Subdivisions Subdivisions with Private Streets Subdivision Name Zoning Acres Number of Lots Date of Subdivision Status Area of Private Streets Thornbu Brook Meadows R20 195.8 248 10/4/85 Developed n/a Hills Of Central Park R30 27.0 26 05/01/89 Developed n/a Woodland Hills Block 20 R20 - 27 05/21/91 Developed n/a Montclair Parc R20 64.3 78 12/01/92 Developed n/a Lakewood Estates PUDR 30.6 85 02/17/95 Developed n/a S rin Garden PUDR 6. 45 05/20/97 Developed n/a Shalimar PUDR 19.0 31 01/01/98 Developed n/a The Villas at Caldwell's Creek PUDR 11.5 43 01/01/98 Developed n/a Tan lewood PUDR 25.9 12 05/16/00 Developed n/a The Sa hire Enclave R20/R30 7.3 32 01 /18/01 Developed n/a Clairemont R20 50.3 86 03/01/01 Developed n/a Strathmore PUDR 8.4 14 06/04/02 Developed n/a Emerald Park PUDR 20.3 72 05/20/03 Developed n/a Beldon Hollow PUDR 16.1 16 09/01/03 Developed n/a Tiffan Park PUDR 7.1 25 06/04/04 Developed n/a Rosewood Villas PUDR 14.7 53 08/02/04 Developed n/a Rockrimmon R20 12.1 13 10/05/04 Developed n/a Castleton Manor R40 & R20 24.1 33 09/20/05 Developed n/a Herita a Oaks PUDR 22.7 124 09/05/06 Under Construction n/a Co er len PUDR 5.6 22 03/06/07 Under Construction n/a Villas at Oak Pointe PUDR 20.0 74 03/20/07 Under Construction n/a Hi hland Park R20 6.6 12 06/05/07 Under Construction n/a Villas of Colle ville PUDR 19.5 72 12/04/07 Under Construction n/a Totals 1,243 n/a ORDINANCE 0-08-1655 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 10, PRIVATE STREETS AND ENTRANCE GATES, OF THE LAND DEVELOPMENT CODE, TO ADD CLARITY TO THE REGULATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding private streets and entrance gates by adding clarity to the regulations; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-1655 Page 2 of 3 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 foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT Chapter 70 -Private Streets and Entrance Gates of the Land Development Code is hereby amended in its entirety and replaced to read as shown in the attached as Exhibit "A". Sec. 3. THAT Ordinance 0-00-1214, the Land Development Code of the City of Colleyville, as amended herein, shall remain in effect, except where amended by this ordinance. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance and shalt take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor Ordinance 0-08-1655 Page 3 of 3 APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney Exhibit "A" Colleyville, Texas, Land Development Code ~~apter 10 ri~a#e~.S'freets andEntrance Gates 0210508 • 1 1 1 • • - • _ • - The purpose of this. Chapter is to establish regulations for gated subdivisions and/or with privately owned streets. The regulations contained in this Chapter have been adopted under the following authority: A. Chapter 212 -Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. B. Chapter 51-General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. C. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 10-110 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a waiver from a requirement contained in this Chapter, or appeal a decision of an administrative official by submitting a request using the procedures described in Chapter 1 -General Provisions of this Land Development Code. Section 10-115 Definitions Definitions applicable to this Chapter may be found in Chapter 2 -Definitions of this Land Development Code. Section 10-120 Applicability The regulations contained in this Chapter shall be applicable to any proposed subdivision plat, or to any request to convert a public street to a private street, submitted for approval by the City of Colleyville after October 20, 1998. Section 10-125 Procedure A City Council Approval Required - No existing subdivision shall convert any public street to a private street unless such request has been approved by the City Council, after receiving recommendation from the Planning and Zoning Commission. Furthermore, no proposed subdivision plat shall include a private street unless such plat is approved by the City Council, after receiving recommendation from the Planning Chapter 10 -Private Streets & Entrance Gates Page 10 - 1 Colleyville, Texas, Land Development Code and Zoning Commission. The terms "private street" or "private streets" shall be inclusive of streets, alleys, storm drainage systems, entrance gates and structures, sidewalks and traffic signs. B. Public Hearings Required - A public hearing shall be required by the Planning and Zoning Commission and City Council for a request for an existing subdivision proposing to convert a public street to a private street. Written notice of such public hearings shall be mailed to the owners of real property situated within 200 feet of the proposed private street subdivision as listed on the last approved City tax roll. Such notice to be mailed not less than ten (10) days before the day set for public hearing. Such notice may be served by depositing letters properly addressed and postage paid in the City Post Office. Section 10-130 Conditions of Approval A. Planning Considerations -The following criteria shall be used as guidelines in the review and approval of a private street subdivision. 1. Streets shown on the adopted Thoroughfare Plan of the City of Colleyville must not be used, maintained or constructed as private streets. 2. A subdivision with private streets and alleys must not impede or cross an existing or proposed street as shown on the City's most recent Thoroughfare Plan or approved preliminary or final plats. 3. A subdivision with private streets and alleys must not disrupt or disconnect an existing or proposed City of Colleyville public pedestrian pathway, hike and bike trail, or park as shown on the City's most recent Park Plan. 4. The perimeter of a subdivision with private streets and alleys must include a minimum of eighty (80) feet of contiguous frontage upon a public street. 5. The proposed subdivision with private streets must be zoned for residential purposes in accordance with the Colleyville Land Development Code, and contain twenty-five (25) single- family lots or greater. B. Public Access Considerations - In addition to the above conditions of approval, the Planning and Zoning Commission may recommend denial and the City Council may reject a request for a subdivision with private streets if in the Commission's and Council's judgment the private streets would negatively affect traffic circulation on public streets, impair access to properties or future developments that are either on- site or off-site to the subdivision, impair access to or from public facilities such as schools, parks and libraries, etc., or delay the response time of emergency vehicles. C. Private Street Sidewalks and Drainage Design and Construction Standards -Private streets and sidewalks must conform to the same standards regulating the design and construction of public streets and sidewalks contained in this Land Development Code. The drainage system must meet all the requirements of public facilities in this Land Development Code. D. Traffic Signs -All traffic regulatory signs along private streets must conform to the Texas Manual of Uniform Traffic Control Devices and be maintained by the Homeowner's Association (HOA). E. Homeowners Associations (HOA) Required - A subdivision developed with private streets must have a mandatory HOA which includes all properties served by the private streets. The association shall own and be responsible for the maintenance of the private streets and appurtenances. The association's document must indicate that the streets and drainage systems within the development are private, owned and maintained by the association, and that the City has no obligation to maintain the private streets and drainage systems. The documents shall be filed of record prior to the approval of the final plat. A notation shall be included on the final plat stating that the HOA shall own and be responsible for all costs associated with the maintenance and reconstruction of the private streets, drainage facilities, sidewalks and related appurtenances, and that the City has no obligation to maintain the private streets and Chapter 10 -Private Streets & Entrance Gates Page 10 - 2 Colleyville, Texas, Land Development Code drainage systems. Lot deeds must convey membership in the association and provide for the payment of dues and assessments required by the association. The association must not be dissolved without the prior written consent of the City. No portion of the association's documents pertaining to the maintenance of the private streets and assessments thereto shall be amended without the written consent of the City. F. Private Street Inspections. The City shall have authority to inspect all streets, drainage facilities, and related appurtenances on a periodic basis to determine the need for repairs to these capital facilities. The HOA shall repair all drainage and street facilities when instructed to do so by the City, subject to appeal to the City Council. Failure by the HOA to make repairs to streets or drainage facilities which impact drainage up or downstream from the development may result in the completion of needed repairs by the City with an assessment of all costs plus interest accrued from the time the City installs the improvements until all funds are collected. HOA documents must detail this City authority. and shall not be amended without Ciry approval. G. Private Street Lot -Private streets must be constructed within a separate lot owned by the HOA. This lot must conform to the City's standards for public street and alley right-of-way. An easement covering the street lot must be granted to the City providing unrestricted use of the property for utilities and the maintenance of same. This right shall extend to all utility providers including telecable companies operating within the City. The easement must also provide the City with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement. The easement shall permit the City to remove any vehicle or obstacle within the private street lot that impairs emergency access. H. Construction and Maintenance Cost -The City shall not pay for any portion of the cost of constructing or maintaining a private street. City Utilities -Water, sanitary sewer, storm drainage facilities placed within the private street and alley lot shall be installed to city standards. After completion and acceptance of such facilities, the water and sanitary sewer facilities shall be dedicated to the city. All storm drainage facilities in the subdivision shall remain within the ownership and maintenance responsibilities of the HOA. All city regulations relating to infrastructure financing, performance bonds, developer cost participation and capital cost recovery shall apply to developments with private streets. Any and all city executable maintenance bonds covering subdivision construction shall be transferred to the HOA upon approval of the private street subdivision by the City Council. Plans & Inspections -Proposed subdivision with private streets must submit to the City the same plans and engineering information required to construct public streets, utilities and related appurtenances. Requirements pertaining to inspection and approval of improvements prior to the City's acceptance of the subdivision shall apply. Fees charged for these services shall also apply. The City shall have the right to inspect the private streets and related appurtenances at any time, and require the HOA to provide the repairs needed to ensure emergency access. The City Council shall be the final judge of whether such repairs are needed. K. Access Restrictions -Guard houses, access control gates and cross arms may be constructed. All restricted access entrances must be manned 24 hours every day, or provide an alternative means of ensuring access to the subdivision by the City and other utility service providers with appropriate identification. If the HOA fails to maintain reliable access as required to provide city or utility services, the City shall have the right to enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the HOA, subject to approval by the City Council. The HOA's documents must contain provisions in conformity with this paragraph which must not be amended without the written consent of the City. L. Restricted Access Entrance Design Standards -Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 24 feet at the location of the access control device. If an overhead barrier is used, it must have a minimum height above the road surface as required by the Fire Code for fire lanes. The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems, must meet City guidelines or policies and must be approved by the City prior to installation. The gates, cross arms and opening devices must be tested and accepted by the City prior to being put into operation. Gate designs may incorporate one Chapter 10 -Private Streets & Entrance Gates Page 10 - 3 Colleyville, Texas, Land Development Code or two gate sections to meet the required minimum width of 24 feet. If the entrance is to incorporate a median, guard shack, or similar structure that necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if approved by the City, but in no case shall any single gate or street pavement have a clear opening of less than 18 feet in width nor fourteen (14) feet in height. (0-00- 1261 / 12/19/00) All restricted access entrances shall be equipped with the Opticom gate opening system. The system shall be maintained by the HOA in good working condition at all times. M. Visitor Entrance Design Standards - At least one entrance per subdivision with private streets must be equipped for visitor access. In addition to the above Restricted Access Entrance Design Standards, said visitor entrance must be equipped with a call or code box located at least 50 feet from the boundary of the subdivision to provide for visitors calling in and automobile queuing. The City reserves the right to require the developer to provide a detailed study to determine if the traffic generated by the proposed development will warrant the call or code box to be set back greater than the 50 foot minimum requirement in order to ensure sufficient vehicle storage or queuing space. Aturn-around space with a minimum outside radius of 30 feet must be located between any call or code box and access control gate or cross arm to allow vehicles denied access to safely exit onto public streets in a "head out" position. A sign must be erected next to the edge of such turn around space to prohibit vehicle parking in such space. Residents entrance used in combination with a visitor entrance shall comply with the requirements of this paragraph. N. Resident Only Entrance Design Standards - In addition to the above Restricted Access Entrance Design Standards, an access control gate or cross arm that requires residents to use a key, card or code to gain access must be set back a minimum of 50 feet from the boundary of the subdivision to provide for automobile queuing. Resident entrances equipped with an electronic opener that allows residents to remotely open the control access gate or cross arm and enter the subdivision without having to stop are exempted from this requirement. A sign must be erected next to any resident entrance that does not meet the 50 feet setback requirement of this paragraph and does not provide aturn-around space with a minimum outside radius of 30 feet to indicate that it is for resident use only and not for visitors. O. Hold Harmless -The subdivision final plat and the HOA's documents must contain language whereby the HOA, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: a) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the City, its officers, agents, licensees, servants and employees; b) the condition of the private streets, private street lights, private entrance gates or structures, private walls or fences, private pedestrian access, private storm drainage systems and emergency access; or c) any use of the subdivision with private streets by the City, its officers, agents, licensees, servants and employees for any purpose related to the exercise of a governmental function or service, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of City. The HOA shall be responsible for carrying liability insurance to meet the requirements in this paragraph. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. P. Revocation of Private Street Permit -The City Council, after giving a sixty (60) day notice to the HOA, its successors or assignees and after holding a public hearing, may revoke a private street permit issued to a subdivision with private streets if the Council finds that the private street permit was obtained by fraud or deception, or if the HOA fails to provide reliable emergency access. The revocation of a private street permit shall give the City the right to inspect the private streets and levy an assessment upon each lot on a pro-rata basis for the expense of needed repairs. Said assessment shall constitute an assessment lien upon the lot against which each assessment is made. The City Council shall be the final judge of whether repairs are needed. The City shall also have the right to require, at the HOA's expense, the removal of guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot. If the permit is revoked, the HOA will be assessed the cost for appropriate maintenance. The HOA's documents must provide for the City's right to require said assessment and removal of improvements. Chapter 10 -Private Streets & Entrance Gates Page 10 - 4 Colleyville, Texas, Land Development Code Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. Q. Petition to Convert to Public Streets -The HOA may petition the City Council to accept private streets as public streets and rights-of-way upon written notice to all HOA members and upon receipt of the notarized signatures of 100% of the HOA's membership indicating approval. However, in no event shall the City be obligated to accept the private streets as public. Should the City Council elect to grant the petition, the City shall have the right to inspect the private streets and estimate the expense of repairing the private streets and removing gates, guard houses, access control devices, landscaping or other amenities located within the private street lot. The City shall be the final judge of whether repairs are needed to the private streets prior to acceptance. Before approval by the City Council, the petitioners or their designee must contract with the City for payment of 100% of the City's estimated expenses. R. Petition to Convert to Private Streets -The homeowners may petition the City Council to convert public streets to private streets upon written notice to all the neighborhood's members and upon receipt of the notarized signatures of 100% of the neighborhood's homeowners indicating approval. A subdivision petitioning to have private streets must have a mandatory HOA which includes all properties proposed to be served by the private streets. However, in no event shall the City be obligated to convert public streets to private streets. Upon receipt of a request to convert a public street subdivision to a private street subdivision, the petitioner shall provide an analysis of the long term maintenance and reconstruction obligation for the subdivision. This analysis shall be prepared and stamped by a private engineering firm and shall be submitted to the City of Colleyville. The homeowner's association will be responsible for the repair or replacement of any public facilities damaged during the maintenance and reconstruction of the private streets and drainage facilities. Public facilities include, but are not limited to, sanitary sewer and water facilities. A notation within the homeowner's association documents stating that all costs associated with the maintenance and reconstruction of the private streets, drainage facilities, sidewalks and related appurtenances shall be the responsibility of the homeowner's association. S. City Attorney Review -All HOA's documents must be reviewed and approved by the City Attorney to ensure that they conform to this and other applicable City policies prior to being filed of record at the County. The developer of a new subdivision shall pay for the cost of the City Attorney's review. T. Subdivision Plat Requirements -The plat dedication certificate and conditions of approval shown in the attached Exhibits "10-A" and "10-B" must be provided in all final plats for subdivisions with private streets." U. Permit Fee - To defray the cost of processing the application, and maintaining City owned electronic emergency equipment, an application fee of $700 shall be paid prior to scheduling the application for public hearing." Chapter 10 -Private Streets & Entrance Gates Page 10 - 5 Colleyville, Texas, Land Development Code EXHIBIT "10-A" PLAT DEDICATION CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT: THAT ,acting by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described real property as an addition to the City of Colleyville, Tarrant County, Texas, and does hereby dedicate to the public's use the emergency access and utility easements shown thereon subject to the conditions of approval stated herein. WITNESS MY HAND at Colleyville, Tarrant County, Texas, this day of , 20_ (provide name and title) EXHIBIT "10-B" CONDITIONS OF APPROVAL: Lot 1, Block A denotes the private access and private drainage easement owned by the Homeowners Association (HOA) of No building permit will be issued for Lot 1, Block A. 2. The landowners and any subsequent owners of lots shown herein (the Lot Owners), jointly and severally, shall be responsible and liable for the construction, operation and maintenance of any private common areas or facilities in the addition created herein (the Addition), including but not limited to private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems, private lake, private open space and landscaping, and emergency access. 3. A HOA shall be established by the subdivider or developer to operate and/or maintain the aforementioned private common areas or facilities. 4. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the aforementioned private common areas or facilities. The City will maintain only the public water and sanitary sewer systems in utility easements accepted by the City. 5. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the aforementioned public water and sanitary sewer systems in utility easements accepted by the City. 6. Any public utility entities, including the City, shall have the right at all times of ingress and egress to and from and upon the utility easements shown herein for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems. Except for private storm drainage systems, private streets and related entrance gates or structures that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across said public utility easements. Any public utility entity, including the City, shall have the right to remove and keep removed all or parts of any buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with its respective systems within said utility easements. 7. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that impairs emergency access in the emergency access easements shown herein. Chapter 10 -Private Streets & Entrance Gates Page 10 - 6 Colleyville, Texas, Land Development Code Any governmental entities, including the City, shall have the right at all times of ingress and egress to and from and upon the private access easements shown herein for any purpose related to the exercise of a governmental service or function. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata share formula. 10. The construction, reconstruction or repair of any private streets within the Addition must meet the approval of the Director of Public Works and comply with the specifications of the City for public streets at the time of construction, reconstruction or repair. The construction, reconstruction or repair of any entrance gate and structure for the Addition must meet the approval of the Engineering Department and Fire Department of the City. 11. The installation or replacement of all traffic regulatory signs along the private streets must conform to the Texas Manual of Uniform Traffic Control Devices. 12. THE HOA AND LOT OWNERS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY: (A) THE REASONABLE USE OF THE PRIVATE STREETS, EMERGENCY ACCESS, UTILITY EASEMENTS, ENTRANCE GATE OR STRUCTURE BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES; (B) THE CONDITION OF THE PRIVATE STREETS, PRIVATE ENTRANCE GATES OR STRUCTURES, PRIVATE WALLS AND FENCES, PRIVATE PEDESTRIAN ACCESS, PRIVATE STORM DRAINAGE SYSTEMS AND EMERGENCY ACCESS; OR (C) ANY USE OF THE ADDITION BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES FOR ANY PURPOSE STATED HEREINABOVE, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY. THE HOA SHALL BE RESPONSIBLE FOR CARRYING LIABILITY INSURANCE TO MEET THE REQUIREMENTS IN THIS PARAGRAPH. Reserved for listing of amendments to this Chapter. Ord. Number Date Sub'ect 0-00-1261 12/19/00 Restricted Access Entrance Desi n Standards 0-05-1513 03/01/05 Revisions to entire Cha ter Chapter 10 -Private Streets & Entrance Gates Page 10 - 7 Cit of Colle N~~~@ 100 Main Street !~ Y Y Colleyville, Texas 76034 (817) 503-1000 '~R"" Agenda Brl@f111g www.colleyville.com File Number: 0-08-1656 File Number: 0-08-1656 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 01/15/2008 Controlling Body: City Council Requester: Community Agenda No.: ~ Final Action: Development Department File Name: Approval of an amendment to Chapter 3-Land Use, Section 3.24-Schedule of Permitted Uses of the Land Development Code, Case G-08-004 Attachments: Amended Schedule of Permitted Uses Table Ordinance 0-08-1656 History of Legislative File Version: Date: Acting Body: Action Text: 01/14/2008 Planning and Zoning Commission 01/15/2008 City Council Title Approval of an amendment to Chapter 3-Land Use, Section 3.24-Schedule of Permitted Uses of the Land Development Code, Case G-08-004 Explanation First Reading and Public Hearing to December 2007, the existing Goodwill donation station located at 51176 Colleyville Boulevard applied for a Special Use Permit (SUP) in order to relocate to a new location at 4917 Colleyville Boulevard. Upon review of the SUP application, staff determined that a donation station use was not listed in the Table of Permitted Uses in the Land Development Code. If an applicant for a special use permit or zoning change proposes a use not listed in the Land Development Code as a permitted use, then the proposed use is prohibited unless added to the Table of Permitted Uses. Staff proposes that a charitable donation station use be added to the Table of Permitted Uses under Retail and Service Uses contingent upon the approval of a SUP only in the CC1-Village Retail, CC2-Shopping Center and CC3-Highway Commercial zoning districts. Approving this amendment to the Land Development Code is not an approval of the SUP request by Goodwill. The SUP request for the relocation of the Goodwill donation station is on hold pending the outcome of the proposed amendment to the Land Development Code. The proposed charitable donation station use is a principle use only and, therefore, does not permit drop boxes, kiosks or trailers that are typically seen in the parking lots of existing businesses of other area cities. As a principle use, it must meet all requirements for City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued (0-08-1656) commercial principle uses described in the Land Development Code and the building code in addition to conditions and requirements included as part of the SUP. The proposed changes are highlighted in the attached copy of the Table of Permitted Uses. It is not anticipated that the proposed changes to the Table of Permitted Uses will impact existing businesses within Colleyville as the existing Goodwill donation station is the only known charitable donation station in the City and currently operates as a legal non-conforming use. Planning and Zoning Commission Recommendation. 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C ` U .0., O E ~ ld L E ~ E ~ N C N ~ t ~ O C ~ U U W W ti tL O O a a` a a` ~ cn to ~ ~ ~ ~ ~ M a~ m a m c f0 J M a~ Q m L U ORDINANCE 0-08-1656 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24 -SCHEDULE OF PERMITTED USES, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 on January 16, 2007, by enacting Ordinance 0-07-1607 relating to Chapter 3 Land Use, Section 3.24 - Schedule of Permitted Uses, and Section 3.29 - Parking Requirements, of the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 and 0-07-1607 on September 4, 2007, by enacting Ordinance 0-07-1633 relating to Chapter 3 Land Use, Sections 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 3.24 - Schedule of Permitted Uses of the Land Development Code; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance by amending the Schedule of Permitted Uses; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding . of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-08-1656 Page 2 of 3 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT Chapter 3 Land Use, SECTION 3.24 -SCHEDULE OF PERMITTED USES, of the Land Development Code, is hereby amended in its entirety to read as shown in the attached as Exhibit "A". Sec. 3. THAT Ordinance 0-00-1214, 0-07-1607 and 0-07-1633, the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-08-1656 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 v U a> a 0 J m x ti a; U ~ Q C ~ Y L ~ ch N V ~ N n W ~ N C N C c0 C to N t9 C N C c0 C N C N V N ^ ,,^ V Q ~ lC N ~ ~ • N ~ L ~ ~ (a Q W Op W 00 00 N ~ O) U N M W (!1 !~ N Q. C ~ v N N ~ U ~ J ~ ~ N N l W v~ cn ~n ^^ £JJ C N ~ ~ Z~~ tq tq ~L ~ co c NO ~ y Q Z . 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