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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-2/25/2008City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com - _~ ~`~~__~~ -~...~ ~rr~;+~. Meeting Agenda Monday, February 25, 2008 6:15 PM City Council Chambers Planning and Zoning Commission ~~~~~~~~ City of Colleyville ~ Meetin A enda ~~._ ~ g g Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, February 25, 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 Discussion of the comprehensive review regarding zoning case recommendations, Case G-08-010 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 Phelps 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES February 11, 2008 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 Beden Addition on 3.0 acres in the S.C.H. Wilton Survey located at 2313 Glade Road, Case P-08-006 City of Colleyville Page 1 Printed on 2/21/2008 Planning and Zoning Commission Meeting Agenda February 25, 2008 7b Approval of a minor plat for Lot 1, Block 1 of the Riverwalk at Glade Road Addition on 0.5 acres being Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case P-08-007 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from AG-Agricultural and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 18.2 acres being Lot 1, Block 1 of the River Valley Ranch Addition and Lots 1A and 1 B, Block 1 of the Tate Addition located at 1200 Murphy Road and 8600 to 8612 Precinct Line Road, Case Z-08-008 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. Ai,DJOURNMENT f hereb~~certify the al~pve agenda was posted on the bulletin boards at City Hall on Thursday, February 21, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 2/21/2008 Pre-Commission Workshop Item Memorandum To: City of Colleyville Planning and Zoning Commission From: Justin Bass, Planner Date: February 25, 2008 RE: Citv Council Reverse Decisions Chairman Byerly and Commission Members, Per your request, staff has researched zoning cases, special use permits, planned unit developments, and other general cases, from 2007, in which City Council approval was required. Staff then determined which cases had Planning and Zoning Commission recommendations that were reversed by the City Council. Of the forty-five cases heard by both the Commission and Council, five recommendations were reversed by City Council. A list of the subject cases is provided below. P&Z CC 2nd P&Z CC Case No. Applicanf Request Location Hearin < Hearin Decision Decision Z-07-003 Don SUP for alcohol 5224 Colle ille d 2/26/2007 4/3/2007 Approval Denial Noblit sales Blv Z-07-014 Kevin CC1 to 5505 Pleasant 4/23/2007 6/5/2007 Approval Denial Kessler PUDR Run Rd. 6/25/2007 Z-07-023 Bryan Amend 7970 Precinct & 8/21/2007 Approval Denial Chandler PUDC Line Rd. 7/9/2007 6513, 6515 Z-07-027 Scott Van CN to PUDC, SUP Colleyville Blvd. 7/23/2007 9/4/2007 Approval Denial Doren for Alcohol & 1700,1706 Tarrant Lane SUP for on- 7013, 7015, & Z-07-030 7017 Colleyville 8/13/2007 9/18/2007 Approval Denial Norfolk alcohol Blvd. sales _ a.. . Note: These cases looked only at reverse aecisions. iney ao nut reiiec~ <a~C~ 11~ rv~«..~, «~u=~~~., ••~--- --~--~-- --~ provisions recommended by the Planning & Zoning Commission. If you have any questions, I will be happy to answer them. Respectfully, Justin Bass Planner City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com c:is~~r ~:. ..~ fr ~ ~~~ 1 ~. ~~_~._;~ -t~~t;.; Minutes -Draft Monday, February 11, 2008 6:15 PM City Council Chambers Planning and Zoning Commission 4' "` City of Colleyville ~ Minutes -Draft ~.~:, Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, February 11, 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 Approval of annual update regarding land use changes and the Comprehensive Plan, Case G-08-008 DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on February 11, 2008 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy, Jeff Byerly Staff Present: Ron Ruthven, Chris Fuller, Justin Bass, Jeremy Hutt, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Clardy. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Duffy moved to approve the January 14, 2008 meeting minutes as written. Commissioner Dudziak seconded. City of Colleyville Page 1 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a minor plat of 1.6 acres on Tracts 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition located at 1109 Church Street and 5500 Colleyville Boulevard, Case P-08-002 Ron Ruthven presented the case and briefed the Commission. Commissioner Phelps questioned staff regarding the waiver request, what is the condition of the adjacent property and is there a need for the connectivity? Ron Ruthven replied the adjacent property has no connectivity the subject property, however, there may be a need for it in the future. Mark Howe, the applicant, came forward to answer any questions that the Commissioners had. He stated the property to the south does not have any stub out to this subject property. He stated if the stub outs are required, the property to the south would have to give up parking spaces. Commissioner Dudziak questioned Mr. Howe if the site will be affected? Mr. Howe replied that it does affect the site to be developed. He stated Lot 2 can be developed into more than one building, however, there would be a fire lane that would run across the property and it would not meet the fire lane curves required for a fire truck. Commissioner Dudziak questioned Mr. Howe if the stub out were to be constructed, would the property be developable? Mr. Howe replied yes, but something less than what they would like to develop. Discussion occurred between Commissioner Redfearn and Mr. Howe regarding the benefits of the cross access. Mr. Howe stated there would be no retail benefit for having cross access. Discussion occurred between Commissioner Phelps and Mr. Howe regarding a potential Lot 3 and that there could not be a building on Lot 3 with cross access because of the setback from Colleyville Boulevard. Commissioner Redfearn questioned staff regarding if Lot 2 were to be divided in the future and there was to be a Lot 3, would the same waiver City of Colleyville Page 2 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 issue come back? Ron Ruthven replied correct. Commissioner Clardy questioned staff regarding if the alignment on Colleyville Boulevard regarding the right of ways is current on the exhibits? Ron Ruthven concurred. Commissioner Dudziak questioned staff regarding if there is a legal way to compel the Baylor facility to do the stub out? Ron Ruthven replied no, they would have to volunteer the stub out. Commissioner Dudziak questioned Fire Marshal McKeown regarding if there would be an issue with setting the building back more? Marshal McKeown replied that the issue would be that the developer could not meet the turning radius and that the building could be damaged by one of the fire engines. Commissioner Dudziak questioned Marshal McKeown if the stub out were required on the Baylor property, would it be approachable from the Baylor side? Marshal McKeown replied from their property, it could be approached, but a left turn would not be able to be made without possibly damaging a building. Commissioner Dudziak questioned Marshal McKeown regarding if there was another .approach and the left turn would not have to be made, the truck could come in from the south on the Baylor parking lot? Marshal McKeown replied that not being the issue, he stated the stub out would be too close to Colleyville Boulevard. Commissioner Duffy moved to approve the plat and deny the waiver request for case P-08-002. Commissioner Phelps seconded. Commissioner Redfearn stated being acceptable of the waiver request, believing that a large chunk of Lot 2 would be effected by a stub out to no where. Commissioner Phelps stated having a concern with the waiver request because it would encourage a building to be built right on the street. He stated with the new street to come, there would not be any landscaping done. He stated he did not want to encourage the waiver, however he stated he does understand the waiver request and stated not being opposed to it. City of Colleyville Page 3 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 The motion failed by the following vote: Aye: 3 -Dudziak, Phelps, Duffy Nay: 4 -Knox, Redfearn, Clardy, Byerly Commissioner Redfearn moved to approve case P-08-002 granting the waiver request for the mutual access easement. Commissioner Knox seconded. Commissioner Dudziak stated having issues with not granting mutual access for future development. He stated when Colleyville Boulevard does expand, the businesses will want the cross access to be able to get to those businesses. Commissioner Duffy stated he would like the Fire Marshal's comments to be understood. He stated the Marshal stated he could gain access from behind, on the Baylor property, to gain access to fight a fire. He stated the businesses should have the Commission's support regarding cross access. Commissioner Redfearn questioned Marshal McKeown regarding if there is anything in the site plan that is a concern by reaching a builidng that might be built within the building lines on Lot 2? Marshal McKeown replied having concerns with having a building right up against Colleyville Boulevard and Church Street. He stated the fire code and amendments state that a fire lane should be 24 feet wide and 14 foot vertical clearance. He stated if any building can be accessed by 150 feet, then the fire code requirements are met. He stated if they are unable to meet that requirement then there are other options such as sprinkle and alarm the building. He stated the stub out from the Baylor property would empty out into Church street which would not be far enough away from the Colleyville Boulevard intersection which would be in violation of other code requirements. He stated since the developer is doing what is required by the code, he stated he could not ask him to do anything else. Commissioner Clardy questioned Marshal McKeown regarding if the 150 foot requirement has to be met on that property or can it be met with the truck on the Baylor property? Marshal McKeown replied it is normally from that property. Commissioner Knox replied that the entrance from Church Street into the property on Colleyville Boulevard is only 98 feet. Marshal McKeown concurred. City of Colleyville Page 4 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Clardy, Byerly Nay: 3 - Dudziak, Phelps, Duffy City of Colleyville Page 5 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a Special Use Permit for a charitable donation station on Tract 2C03, Abstract 206 of the BBB and C Ry Survey located at 4917 Colleyville Boulevard, Case Z-08-003 Ron Ruthven presented the case and briefed the Commission. Commissioner Dudziak questioned staff regarding if Economic Development Director Scott Welmaker had any comments regarding the use for this property? Ron Ruthven replied he did not have any comments regarding this request. Commissioner Knox questioned staff regarding if the applicant is going to have outside storage? Ron Ruthven replied the applicant has indicated that all items would be contained inside the building. He stated he would have to refer to the applicant for clarity. Commissioner Byerly opened the public hearing at 7:38 p.m. David Kox and Paul Enuke, representing the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Kox regarding the location of the driveway? Mr. Enuke replied the driveway will be from Colleyville Boulevard going in and coming out on to Colleyville Boulevard. He stated the delivery trucks will pick up from Old Glade Road. Mr. Kox stated there would be doors on the north and south sides of the structure to assist with deliveries. Commissioner Dudziak questioned if the doors would be to the rear? Mr. Enuke replied there is a door to the rear for the service side for the trailers and there are two sliding doors to the side of the building, north and south side. Commissioner Phelps questioned Mr. Kox regarding if the attached awning areas will be enclosed with masonry and wrought iron? He stated the documentation presented states that the original size of the building is 12,000 square feet and the new proposed building is 24,000 square feet. He questioned if there is no storage outside of the structure, will there be items stored in the new square footage that is being enclosed by the half wall and wrought iron structure? He questioned if that would be in violation of the code regarding outside storage for that location since the outside storage is not currently part of the structure? Mr. Kox replied the intent is to store the donations in the existing structure, however, he stated there are times during the year when the facility will have a lot of donations that will require outside storage but that they will not be visible from the street and that there will be no donations on the parking side. He stated they currently operate City of Colleyville Page 6 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 with one pick up a day, however, he stated they can request for more pick ups during the day, if needed. Commissioner Phelps stated he has a concern for compliance with outside storage. Commissioner Redfearn questioned Mr. Kox if this is a collection facility only, not a retail facility? Mr. Kox concurred. Commissioner Byerly questioned Mr. Enuke regarding what type of materials will be used for the construction of the lattice above the brick wall? Mr. Enuke replied a steel lattice work painted black not greater than four inch diameter. He stated it will not be easy to see through. There being no one wishing to speak, the public hearing was closed at 7:47 p.m. Commissioner Phelps questioned staff regarding if overnight storage in the newly enclosed area would be in compliance with City code? Ron Ruthven replied, as presented by the applicant, the Commission will have to make that decision whether or not the Commission will accept that as overnight storage. Commissioner Phelps questioned staff regarding if that is considered inside the facility or outside the facility? Ron Ruthven replied the ordinance language prohibits outside storage. Commissioner Phelps questioned staff regarding if this is still considered outside storage in the newly enclosed awning area? Ron Ruthven replied the Commission can define it would be considered outside or inside storage. He stated this is enclosed and screened by lattice. He stated as it is now, it is open and visible. Commissioner Byerly questioned staff regarding if this will be considered a building or is it some other enclosure regarding building codes and aesthetics? Ron Ruthven replied there are no actual building material requirements. Commissioner Byerly questioned staff regarding if the building will have to be enclosed to be considered a building? Ron Ruthven concurred. He stated if the areas where the lattice is shown are open to the air, then it would be considered a screened or porch area. Commissioner Byerly questioned staff regarding the drive thru issue, can this Special Use Permit cover the drive thru condition? Ron Ruthven replied the drive thru plans have not been shown on the plans that staff has reviewed. He stated the Commission can address the drive thru service within the Special Use Permit. Commissioner Phelps questioned staff regarding if they were to extend the brick wall under the awning and enclose that, would there be code issues regarding the new square footage? Ron Ruthven replied if they were to enclose the building and increase the square footage as they have proposed, without an intensive review, there does not appear to be City of Colleyville Page 7 Printed on ?/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 any building code violations. Commissioner Duffy stated the proposed ordinance does not state that outside storage is not allowed, it states that no truck or trailer can be parked outside. Ron Ruthven concurred and stated that any part of that should be added to the ordinance by the Commission. Commissioner Dudziak questioned staff if a left hand turn can be made heading south bound into these entryways or is that median back up there and can there be a left hand turn made onto Glade Road headed south? Ron Ruthven replied currently there is a median. Commissioner Phelps stated the intent is to not have outside storage. He stated if that were to be fully enclosed, then more room would be provided. He stated not being in favor of having outside storage. He stated being in favor if the facility was fully enclosed. Commissioner Dudziak questioned the applicants regarding if they are buying the building? David Bostick, President and CEO of Goodwill, stated they are purchasing the property and are willing to be a good neighbor. Commissioner Phelps questioned City Attorney Kallas regarding if the ordinance would be amended to include the discussion points? City Attorney Kallas replied the motion should include all points and staff will include them in the ordinance to present to City Council. Commissioner Phelps moved to approve case Z-08-003 with the following amendment that the proposed additional enclosure be fully enclosed and included in the building and that no outside storage be allowed on the premises. City Attorney Kallas suggested no outside storage under the existing awning unless it is fully enclosed. Therefore, if the applicant wants to move forward with what they have, then it would be a matter of making sure that there is no outside storage and if they do want the extra square footage, then they can raise up the wall. He stated if the Commission would like to do away with the lattice work altogether, the motion should reflect such. Commissioner Phelps stated he would like the lattice work to not comply with fully enclosed. He stated wanting the facility to be fully enclosed and included with the building. Commissioner Duffy seconded. Commissioner Dudziak stated being in support of the intent of Goodwill Industries. He stated this is not the proper use for this building in the center of Colleyville. Commissioner Byerly concurred with Commissioner Dudziak. He stated this is the wrong building in the wrong place. He stated wanting to see City of Colleyville Page 8 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 more definitives for the building. He stated there could be traffic hazards for this location on Colleyville Boulevard. Commissioner Knox concurred and stated there is not enough information regarding the screening of the building to be able to evaluate the project. The motion failed by the following vote: Aye: 2 -Phelps, Duffy Nay: 5 -Knox, Dudziak, Redfearn, Clardy, Byerly Commissioner Byerly moved to deny case Z-08-003. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Clardy, Byerly Nay: 2 -Phelps, Duffy 8b' Approval of a request for a Special Use Permit for an accessory building on Lot 1, Block 1 of the Thomas Cole Addition located at 4812 Bransford Road, Case Z-08-005 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 8:04 p.m. Andy Butler, the applicant, came forward to present the case and brief the Commission. Commissioner Clardy stated to Mr. Butler that the accessory building looks like it could be an apartment because of the layout of the upstairs. Mr. Butler stated there are no intentions for an apartment. Norris Ward, 409 Glade Road, came forward and stated having concerns with the natural drainage along Glade Road. He stated he has talked with Mr. Butler but did not know if he should rely on him to address those concerns or if he should rely on the City. There being no one wishing to speak, the public hearing was closed at 8:11 p.m. Commissioner Phelps stated if this property were to sell to another, this looks like another place for an occupancy, which would go against the code for a second dwelling. He stated not being in favor of this in general. City of Colleyville Page 9 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 Commissioner Redfearn stated the ordinance has provisions in it regarding the use of a dwelling. City Attorney Kallas stated the Special Use Permit will remain with the property just as the zoning. Commissioner Redfearn questioned staff if the property owners were to sell, would that new owner have to come in and amend the Special Use Permit if they wanted to use it as a second dwelling? City Attorney Kallas replied yes. Commissioner Phelps stated they would, but what is the likely hood that they would come back for the amendment? He stated it is equipped just like a second home and the use is being invited. Commissioner Redfearn questioned staff regarding how large is the lot? Ron Ruthven replied 1.9 acres. Commissioner Dudziak questioned Marshal McKeown regarding if this could be a potential hazard because of the storage of vehicles on the bottom floor and it is open to the living space? Marshal McKeown replied if the building was over 6,000 square feet or closer than 20 feet to the main structure, he stated he could require it to be sprinkled, however. He stated there does become an issue if someone were to move into it and use it as a residence. Commissioner Dudziak questioned Marshal McKeown if the storing of cars and flammable items on the bottom floor, are there not issues with this? Marshal McKeown replied there are situations in town where these conditions exist. Commissioner Duffy stated there have been buildings approved like this all over Colleyville. Commissioner Byerly concurred. Commissioner Byerly questioned staff regarding if this were a one acre lot, what would be the largest accessory building that could be placed on the property? Ron Ruthven replied one acre or larger is allowed 1,750 square feet, under one acre would be 750 square feet. Commissioner Dudziak stated the living space above is open to the garage space below and there are no concerns for that, does it need to be sealed from the garage space below? Mr. Butler replied this will be a sealed second floor, it is not open to the bottom floor. Commissioner Redfearn moved to approve case Z-08-005. Commissioner Duffy seconded. Commissioner Knox stated wanting an amendment to the motion regarding having one domestic water meter for this address. Both agreed to the amendment. City of Colleyville Page 10 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 Commissioner Redfearn moved to approve case Z-08-005 with the friendly amendment to have one domestic water meter. Commissioner Duffy seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Duffy, Byerly Nay: 1 -Phelps 8c Approval of a request for a zoning change from R40-Single Family Residential to PUDC-Planned Unit Development Commercial on 2.0 acres out of the David R. Teeter Survey located at 3900 Jackson Road, Case Z-08-006 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 8:55 p.m. Michael Lawler, representing the applicant, came forward to present the case and brief the Commission. Commissioner Dudziak questioned Mr. Lawler regarding what type of retail tenants are expected? Mr. Lawler replied uses such as a boutique, possible dry cleaners and copy center, primarily for the neighborhood type uses. Commissioner Clardy questioned Mr. Lawler if there have been any market studies done? Mr. Lawler replied not at this time. Mr. Lawler stated the property owner has done a considerable amount of clean up on the property. Commissioner Dudziak questioned Mr. Lawler why is this a good transition area for retail as opposed to residential? Mr. Lawler stated the property owner has an interest to create a commercial entity on the property. He stated they are trying to make the transition from the Bedford side. Commissioner Dudziak questioned Mr. Lawler regarding what provisions have been made regarding raising the property out of the flood plain? Mr. Lawler stated the benchmark that they are going to try to achieve is two feet above the Jackson and Cheek Sparger Roads. He stated there will be a considerable amount of fill dirt brought in. Commissioner Dudziak questioned Mr. Lawler regarding if any changes will be made to the size of the creek, as far as reinforcing the sides? Mr. Lawler replied yes. City of Colleyville Page 11 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 Commissioner Dudziak questioned Mr. Lawler regarding if a CLOMAR will be required? Mr. Lawler replied a study will be required during the platting process. Henry Del Castillo Jr., 3980 Witten Drive, spoke on behalf of the Homeowners Association in the Spring Garden Townhomes, representing 41 homeowners, stated unanimously being opposed to the request with concerns for trafi•ic and the negative impact on property values. Deryl Makgraf, 3901 Tamblewood Drive, spoke in opposition to the request and stated there have been a lot of trees removed on the property. He stated having issues with flooding. He stated the Master Plan states residential. He stated there is no infrastructure in place. He stated the traffic is heavy. He stated there is a lot of office that is empty in Colleyville. Lauren Cleveland, 4012 Ambleside Court, Board of HOA in Windview Estates, spoke in opposition to the request with concerns for home values, height of building, placement of trash dumpster, lighting, traffic, sidewalks. She stated the Master Plan has areas for retail, closer to the center of the City. She stated the demographics do not prove the need for retail in this area. She stated there are vacancies in the City with issues for filling those spaces. Greg Foreman, 4016 Jackson Road, spoke in opposition to the request with concerns for traffic, drainage and safety in the residential area. Bill Recker, 2208 Woodstock Drive, spoke in opposition to the request with concerns for the transition areas? He stated there is ample space in Colleyville and these businesses will not be supportive of the retail. Rita Ward, 3009 Sherwood Lane, spoke in opposition to the request with concerns for traffic and congestion on Jackson Road. She stated there are issues with flooding on Oak Knoll and Jackson. She stated the flooding creates more traffic on Sherwood. Kathy Helier, 4003 Woodstock Drive, spoke in opposition to the request with concerns for drainage and stated the applicant is in violation regarding State regulations for being the architect who has stamped his own set of plans. Mike Kimble, 3986 Witten Drive, spoke in opposition to the request and stated he was a participate in the Master Plan. He stated there are a lot of open spaces in Colleyville for retail. Viola Ruck, 2913 Sherwood Lane, spoke in opposition to the request City of Colleyville Page 12 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 and stated all of her concerns had been addressed. Carl Waychoff, 3920 Jackson Road, spoke in opposition to the request and stated having concerns for traffic. He stated someone ran into his fence which has occurred several times. He stated there are issues with drainage and if the property is raised, it will kill those trees. Greg Winslow, 3916 Wayne Drive, spoke in opposition to the request and stated the Master Plan is residential for this property. He stated the Commission should protect the residential areas Phil Kelly, 2808 Sherwood Lane, spoke in opposition to the request and stated the fire lane crosses over the creek. Brian Rowe, 3401 Amherst Circle #118, Bedford, spoke in opposition to the request and stated having issues with debris from the flooding. He stated as well, there will have to be 4 acres of fill dirt brought in for this property. He stated there is not a need to increase the traffic for pedestrian safety. John Bufford, 4003 Ambleside Drive, spoke in opposition to the request and stated this being a bad idea all around with nothing positive. Larry McKillop, 4008 Stone Haven, Board for Windview HOA, spoke in opposition to the request and stated this will increase the traffic, drainage will be affected as well as the parking and lighting. Mike Welton, 3907 Tamblewood Drive, spoke in opposition to the request and stated there are issues with this being a transition area. There being no one wishing to speak, the public hearing was closed at 9:39 p.m. Mr. Weller came forward and thanked everyone for their comments. He stated there are issues with the property and they are aware of those issues. Commissioner Duffy questioned Mr. Lawler if Mr. Atwal has addressed the objections of the neighbors? He questioned staff regarding if the applicant has been issued a citation regarding the removal of trees? Ron Ruthven replied that the applicant has been issued a citation through Code Enforcement and the applicant has been given time to address the violation. Commissioner Dudziak questioned staff regarding if the acreage will go down to 1.3 acres when the right of way is dedicated on Jackson and Cheek Sparger? Ron Ruthven replied yes, however, an accurate City of Colleyville Page 13 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 amount has not been determined. Commissioner Phelps stated there is not a lot to say, however, there have been conversations regarding the retail space that is available in the City and not leased. He stated he will support the Master Plan. Commissioner Duffy moved to deny case Z-08-006. Commissioner Phelps seconded. Commissioner Byerly thanked everyone for their time. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 8d Approval of a request to amend the zoning and development requirements of the Planned Unit Development of Lot 9, Block 6R of the Woodbriar Estates West Addition located at 99, 101 and 103 Cheek Sparger Road, Case Z-08-007 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 8:26 p.m. Joe Gordon, the applicant, and Rusty Elliott, Blue Star Land, representing the property owner, came forward to present the case and brief the Commission. Commissioner Clardy questioned Mr. Gordon regarding if Building A is retail and is it occupied? Mr. Gordon replied no, not yet. Commissioner Clardy stated having concerns that if this were to be approved that there would be requests to have the other buildings converted into storage space as well. Mr. Elliott stated that is not the intent. He stated they will lease that building for retail. Mr. Gordon stated this is a simple renovation of an existing interior, nothing else will change. Commissioner Redfearn questioned Mr. Elliott regarding why the office space is not leasing? Mr. Elliott replied there are a lot of requests for smaller offices and by converting the larger offices to storage, the spaces will be able to be occupied. Commissioner Phelps questioned Mr. Gordon if there will still be office space in this building? Mr. Elliott replied yes. He stated the building would not be conducive to have all storage since there are sidewalks and curbs. He stated this will be a nice retail space. Commissioner Dudziak questioned Mr. Elliott if there will still be office space on the north side of the building and storage behind? Mr. Elliott City of Colleyville Page 14 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 concurred. Commissioner Clardy questioned Mr. Elliott regarding where are the restrooms? Mr. Elliott replied when they do the finish out, the bathrooms will be required and will be provided in each unit. Commissioner Redfearn questioned Mr. Elliott if everything will remain the same other than the conversion of some office space to storage space? Mr. Elliott concurred. There being no one wishing to speak, the public hearing was closed at 8:35 p.m. Commissioner Redfearn questioned staff if the developer is in compliance with the initial PUDC-Planned Unit Development Commercial requirements? Ron Ruthven replied yes. Commissioner Dudziak moved to approve case Z-08-007. Commissioner Duffy seconded. Commissioner Byerly thanked the applicant for the new buildings in place of the old ones. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Knox questioned City Engineer Jeremy Hutt regarding who is in charge of the erosion control? Jeremy Hutt replied when the soil is disturbed the developer is required to get a grading permit, the cleaning of debris does not require a grading permit. Commissioner Knox questioned staff if the developer did disturb the site? City Attorney Kailas stated the case has been closed and the discussion between Jeremy Hutt will need to take place outside of the meeting. Commissioner Duffy stated not wanting to beat Code Enforcement but, the only way to correct these problems is to have Code Enforcement on top of everything. Chris Fuller replied the City has one Code Enforcement man who is working over 40 hours a week to do his job. He suggested that the Commission should report violations, if they are seen. Cify of Colleyville Page 15 Printed on 2/19/2008 Planning and Zoning Commission Minutes -Draft February 11, 2008 Commissioner Dudziak recommended to increase the number of staff. 11. ADJOURNMENT. The meeting adjourned at 9:53 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 8, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 16 Printed on 2/19/2008 t'-i~~~ of Clt of Colle V~~~@ 100 Main Street J y Colle81~7e 03x1000 034 ~ ) "~~~~~ Agenda Briefing www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 02/25/2008 Agenda No.: 7a Status: Commision Action Items Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a minor plat for Lot 1, Block 1 of the Beden Addition on 3.0 acres in the S.C.H. Wilton Survey located at 2313 Glade Road, Case P-08-006 Attachments: Location and Zoning Map • Plat Exhibit History of Legislative File Development Review Committee Memo Applicant's Response Version: Date: Acting Body: Action Text: 1 02/25/2008 Planning and Zoning Commission Title Approval of a minor plat for Lot 1, Block 1 of the Beden Addition on 3.0 acres in the S.C.H. Wilton Survey located at 2313 Glade Road, Case P-08-006 Explanation Consolata Bryant is the developer of a 3.0-acre tract of land located at 2313 Glade Road. The developer has submitted a request for approval of a minor plat that will consist of one residential lot. The lot meets the minimum requirements of the Land Development Code. Zoning. The property is zoned R20-Single Family Residential and meets the minimum lot size and lot width requirement of the R20 zoning district. Existing Conditions. There is an existing single family home on the subject property which has been proposed to be demolished. Approval of this plat is required prior to the issuance of a building permit for a new residence on the subject tract. Drainage. A lot grading plan will be necessary at time of building permit for the construction of a new home. The Engineering Department will review and accept lot grading plans during the building permit process. Parkland Dedication Fees. Parkland dedication fees are not required for this plat as there is an existing home on the property. City of Colleyville Page 7 Printed on 2/21/2008 Agenda Briefing Continued Sidewalks. The Land Development Code requires a sidewalk along the southern boundary of Glade Road. A four (4) foot sidewalk currently exists at this location. The new sidewalk must be five (5) feet in width, in good repair, and built to current city standards when new structures are constructed on the property. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not required due to the presence of the existing home. Tree Preservation. Trees not located within the building footprints must be preserved during construction of a new home. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprints. 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 Colleyvil/e Page 2 Printed on 2/21/2008 Location and Zoning Map CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE February 5, 2008 TO CONSOLATA BRYANT EMAIL consolbryant@yahoo.com FROM Justin Bass, Planner SUBJECT P-08-006 Minor Plat -Lots 1, Block 1 Beden 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. Include the surveyor's seal on the plat. 2. Correct the spelling of "Post" on the second line of the fourth paragraph of the Owner's Dedication. 3. Include property owner names to the lot and deed information already presented on the adjacent properties. 4. Remove the building setback information for the adjacent properties. 5. Increase the distance from the Glade Road right-of--way centerline to the property boundary to 47.5 feet. Glade Road is a Minor Arterial that requires 95 feet of total right-of--way. 6. Show the amount ofright-of--way that is being dedicated along Glade Road. 7. Will the existing house remain on the property? If so, show the house footprint with distances from the front and side setbacks on the plat. 8. A 7.5 foot drainage utility easement is required along the length of the western boundary of the property. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-08-006 MINOR PLAT OF BEDEN ADDITION In Your Response Letter, Acknowledge the Following Information: Informational Comments: If demolishing the existing house, please contact Bill Elliott, Building Official, at 817-503-1054 for a permit. Per Section 9.19.A of the Land Development Code, a sidewalk is required on all lots prior to completion of any primary structure. A 5 foot sidewalk is required along the front of this property. If the existing sidewalk is damaged due to demolition or construction on the property or the sidewalk is less than 5 feet in width, the owner will be responsible for funding repair or expansion, respectively. See Section 14-150 of the Land Development Code for guidance. If the new house is to be located more than 500 feet away from an existing fire hydrant, the owner will be responsible for paying for the installation of a new hydrant and public improvements associated with connecting the hydrant to our water system. Determination of this need will occur when applying for a building permit. Contact Rob McKeown, Fire Marshall, at 817-581-4591, for more details. If the new house is to be located greater than 150 feet from the front property boundary, a 14 foot concrete driveway will be required for emergency service access. Determination of this need will occur when applying for a building permit. Contact Rob McKeown, Fire Marshall, at 817-581- 4591, for more details. The further the new house is located from the front property boundary, the more likely a fire hydrant might be required within the property for emergency access. Determination of this need will occur when applying for a building permit. Contact Rob McKeown, Fire Marshall, at 817- 581-4591, for more details. 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 There are no perimeter street improvement fees due since there is an existing house on the property. WATER Fee will vary depending upon meter size. See Chapter 13 of the Land Development Code for more details. SEWER Fee will vary depending upon meter size. See Chapter 13 of the Land Development Code for more details. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE P-08-006 MINOR PLAT OF BEDEN ADORION TREE SURVEY AND MITIGATION. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the engineering department. Chapter 5 of the Land Development Code specifies requirements for the tree survey and mitigation plan. 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. There are no parkland dedication fees due since there is an existing house on the property. SIDEWALKSlTRAILS. Per Section 9.19.A of the Land Development Code, a sidewalk is required on all lots prior to completion of any primary structure. A 5 foot sidewalk is required along the front of this property. If the existing sidewalk is damaged due to demolition or construction on the property or the sidewalk is less than 5 feet in width, the owner will be responsible for funding repair or expansion, respectively. See Section 14-150 of the Land Development Code for guidance. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, February 25, 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, February 15, 2008, in order to make the scheduled hearings. Please contact me at bassL(a~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 3 OF 3 Applicant's Response The Development Review Committee (DRC) C/o Justin Bass City of Colleyville 100 Main Street, Colleyville TX 76034 02-15-08 Re: P- 08- 006 Beden Addition Minor Plat Dear Committee Members, This letter is in response to your comments dated February 5, 2008 on the subject above. Each comment has been addressed and/or further documentation will be provided at the time of construction permit application. They are as follows: 1. Surveyor's seal will be included in the final signed plat. Surveyor has been advised. 2. The word "Post" will be corrected. Surveyor has been advised. 3. Surveyor has been advised to include required information on the lot and deed information. 4. Surveyor has been advised to remove building setback information for the adjacent properties. 5. Surveyor has been advised to increase distance from Glade road right-of--way centerline to property boundary as requested. 6. Surveyor has been advised to dedicate right of way along Glade road. 7. The existing building will be demolished at the time of construction and, Bill Elliot will be contacted at that time. 8. Surveyor has been advised to indicate the drainage/utility easement on the western boundary. 9. In conformance with Colleyville's pathways plan, a 5 feet wide sidewalk will be constructed at the time of development of the property. 10.Impact fees, as applicable, due at time of building permit application is acknowledged. 11.The requirement of a concrete driveway and a fire hydrant or other fire protection devices will be determined during building permit application and, Rob Mckeown will be contacted at that time. 12. Tree survey, preservation and /or mitigation will be done per the City of Colleyville Land development code. Thank you for your continued co-operation in this matter. Sincerely, ~~ For: Consolata Bryant ~ ~~ e~ 1:3 &~ •~ ~~ ~~ ~~ rE~ ~~ .. ~., _ ~ ~~ ~ ----- - r---------- --~---~----------- ------------- - s ~~ ~~ ~ ~~_ ~ I ~ b ----- -J ~ ~ ~ b >~ - - ~ -- ---- -'-- - ~- --- ------ -- ---- s ~ MI ~ hill +.~{ ti 1 ~ ~ II ~ II ~ It 1 ~ I ---------------'~v~at~i ~a~ r~ ~--------------- '-~ ~~ ~ ~aa ~~ ~~~ ~[~ ~~ ~~ ~ ~ ~ ~~. ~~ ~-~ ~=g ~~~~ ~~~> oD r ~szOz y J n On' • .a ~ 7C -1 -~ ~Z- ~~_ Q I~~ :~~ ~` ~ ~ i ~sl !r i ~p~ - f ~~ j ~! ! ~i~ j ~ ~ 1 ~j ~~ t#~ i= ~~~ i~~ r ~~ 8 ~~~ +~ s ~~~ ~_ i ~~ I'~ I ~ 0 i ~~ r ~~ ~ t `~:~ ': f: qi I~~ ~~ } E r `~~ Clt of Colle V~~~e 100 Main Street ~~ ~ y Y Colleyville, Texas 76034 (817) 503-1000 ~~~~~~~ Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 02/25/2008 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a minor plat for Lot 1, Block 1 of the Riverwalk at Glade Road Addition on 0.5 acres being Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case P-08-007 Attachments: Location and Zoning Map Applicant's Response Development Review Committe Memo Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 02/25/2008 Planning and Zoning Commission Title Approval of a minor plat for Lot 1, Block 1 of the Riverwalk at Glade Road Addition on 0.5 acres being Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case P-08-007 Explanation Rodney Martinez is the developer of a 0.5-acre tract of land located at 1100 Glade Road. The developer submitted a request for approval of a minor plat that will consist of one commercial lot. The lot meets the requirements of the Land Development Code. Zoning. The property was approved for a rezoning request from the R20-Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial zoning district on October 16, 2007. The lot meets the minimum requirements of the PUDC zoning district and the Land Development Code in general. Parkland Dedication Fees. Parkland dedication fees are not required for this plat as there is an existing building on the property. Sidewalks and Trails. The Colleyville Pathways Plan requires a 10-foot concrete pathway be constructed along the frontage of Glade Road. The sidewalk will be located in the dedicated right-of-way and the applicant will be responsible for construction prior to a Certificate of Occupancy being issued for the property. City of Colleyville Page 1 Printed on 2/21/2008 Aaenda 8riefing Continued Perimeter Street Improvement Requirements. There are no perimeter street improvement fees due since there is an existing building on the property. Tree Preservation. Tree preservation is not required since the current building will remain on the premises and no new building construction will take place. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all 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 2/21/2008 Location and Zoning Map :~~- - "~ ~ 3121 :u ~~~~1roa 110& 111: 111e ii~n ' ' h 51Da t "~ 1 ., 5117 - - 5105 1100 _, ~ - 5113 5193 f - ' ` .5109 . 11ll,, 1108 1113 111 111 5113 510., t 5100 51 i~ 1 ~~ 1104 ~1Ofi ~ 1112 1118 ~ 1120 ~ ~ 3101 12 1 5,u+ R20 ~ ~. ,. ^~.. _ , - ~ . . , . ~ ;~ ~~ _ 5uz5 i1DD ~ ti 5021 5012'` 5D 13 ~ f ~ /1105 1109 1 -, 1117. 1121 ;: 5013- 5016 °DOS~ 5017 110 110" ~` 1112 1118 4T2D .- fi005 5 016 ~. .: nova SITE - ~ > 5001= 1100 " 4000 ~ _ ~~' ~ ~' 1105 1YD2' 1113 1117. 1121 ' -~i . - 5DD0 1104 1.12 1118 112u I ~~ '~` ~ r 1 1 17 } !q 1105 110., 1201 ~ ~~ t`<De ,~ ?U~C~ R20 ~~ ~~ ~` ~, '`>< ~, ~r ~~ 121 +~ ~ t 1 vv l t va 11 os 1112 s...~ 1 1 16 4&OD 111? tID9 1113 1101 1105 1 Applicant's Response BUENA TIERRA GROUP 400 SOUTH INDUSTRIAL BLVD., SUITE 228 EULESS, TEXAS 76040 817-354-1445 (O) 817-354-1451 (F) 469-438-0700 (M) btnl(a,sbc~lobal.net (email) February 14, 2008 To: Colleyville Development Review Committee (DRC) Attn: Justin Bass, Planner Re: P-08-007 Minor Plat -Lots 1, Block 3 Riverwalk at Colleyville In response to plat request comments: 1. No, with accordance with our board rules, we cannot sign or seal any drawing until the City has granted final approval. 2. No, with accordance with our board rules, we must show actual and calls. 3. Has been addressed 4. Has been addressed 5. Per our board rules we must show how to retrace the boundary, therefore must be shown as drawn. 6. Property owner names are included. 7. Has been addressed. 8. Has been addressed 9. Has been addressed 10. The existing house will remain on the property. Distances have been addressed. 11. Has been addressed 12. A request of waiver will be submitted by the owner of the property to the Planning and Zoning Commission. 13. Has been addressed 14. Has been addressed 15. Has been addressed 16. Has been addressed Sincerely, Rudy Martinez RECEIVED FEB 1. 5 2008 Per ,......._...~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE February 5, 2008 TO RODNEY MARTINEZ EMAIL rudy5470@sbcglobal.net FROM Justin Bass, Planner SUBJECT P-08-007 Minor Plat -Lots 1, Block 3 Riverwalk at Colleyville The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The following comments require a response from the applicant: 1. Include the surveyor's seal on the plat. 2. Remove the deed and plat information of all boundary lines in the plat drawing. 3. Correct the spelling of "being" on the second line in the second paragraph of the Owner's Certification. 4. Make the parcel boundaries of the subject property slightly bolder than presently to better differentiate it from the other features in the plat drawing. 5. Make the subject property the central focus on the plat drawing. Only show properties adjacent to and contiguous with the perimeter of this parcel extending up to 100 feet. 6. Include property owner names to the lot and deed information already presented on the adjacent properties. 7. Include the distance from the Glade Road right-of--way centerline to the property boundary on the plat drawing. 8. Show the distance to the centerline of Glade Road. 9. Show the amount of right-of--way to be dedicated on Glade Road on the plat drawing. Glade Road is a Minor Arterial that requires 95 feet of total right-of--way - 47.5 feet to the centerline. 10. Will the existing house remain on the property? If so, show the house footprint with distances to the front and side setbacks on the plat. 100 Main Street -Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-08-007 MINOR PLAT OF RIVERWALK AT COLLEYVILLE 11. Show a 40 foot building line along Glade Road on the plat. 12. Show a 40 foot building line along Oak Timbers Court. A waiver of the 40 foot setback may be granted by the Planning and Zoning Commission. 13. A 7.5 foot utility easement is required along both the eastern and northern sides of the property. 14. Add a 16 foot Mutual Access Easement that should straddle the subject property and the property directly to the west. This is required per Section 9.17.H of the Land Development Code. 15. Provide the lot, block, subdivision name, and square footage for the subject property within the subject properly in the plat drawing. 16. Remove the City Council certification box from the plat. 17. The zoning requirements set forth in Ordinance 0-07-1643 apply to this property. Contact the Community Development Department for a copy of this document, if needed. 18. Contact Bill Elliott, Building Official, at 817-503-1054, prior to submitting a building permit. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. There are no perimeter street improvement fees due since there is an existing building 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 There are no perimeter street improvement fees due since there is an existing building on the properly. 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 SURVEY AND MITIGATION. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the engineering department. Chapter 5 of the Land Development Code specifies requirements for the tree survey and mitigation plan. 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 PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE P-08-007 MINOR PLAT OF RIVERWALK AT COLLEWILLE be installed around all preserved trees located outside the right-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION. There are no parkland dedication fees due since there is an existing building on the property. SIDEWALKSITRAILS. The Colleyville Pathways Plan requires a 10 foot concrete pathway to be constructed along the northern right-of--way of Glade Road. The applicant will be responsible for construction of this trail. Refer to Section 14-150 of the Land Development Code for details. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, February 25, 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, February 15, 2008, in order to make the scheduled hearings. Please contact me at bassy(c~ci.colleyville.tx.us or 817.503.1055 if you have any questions. 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E ~ i E { 7 i c_i~~ c~i Cit ~f Co~~e V~~~@ 100 Main Street {~ t~3 J y Coll X81'7) 03X1000 034 ~~~~~~~ Agenda Briefing www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 02/25/2008 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from AG-Agricultural and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 18.2 acres being Lot 1, Block 1 of the River Valley Ranch Addition and Lots 1A and 1 B, Block 1 of the Tate Add Attachments: Location and Zoning Map Notification List Conceptual Site Plan Statement of Planning Objectives Applicant's Response Development Review Committe Memo Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 02/25/2008 Planning and Zoning Commission Title Approval of a request for a zoning change from AG-Agricultural and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 18.2 acres being Lot 1, Block 1 of the River Valley Ranch Addition and Lots 1A and 1 B, Block 1 of the Tate Addition located at 1200 Murphy Road and 8600 to 8612 Precinct Line Road, Case Z-08-008 Explanation Adam Buczek submitted a request to change the zoning of 18.2 acres, located at 1200 Murphy Road and 8600 and 8612 Precinct Line Road. The applicant is requesting to rezone the property from the AG-Agricultural and R40-Single Family Residential zoning districts to PUDR-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 77 single family residential lots and three open space lots. Existing Conditions. The property is currently developed as a single family residence. The home will be demolished upon approval of the rezoning request. All of the subject property is currently platted as three lots. In order to subdivide the property as proposed by the developer, approval of a replat will be required at a later date, upon approval of the rezoning request. Master Plan. The Future Land Use Plan designates the subject property for future retail and residential uses. Approximately 2.9 acres of land is designated for retail use. The City of Colleyville Page 1 Printed on 2/22/2008 Agenda Brieting Continued portion designated for retail use is located along the southwestern portion of the property adjacent to Precinct Line Road. The remaining approximately 15.4 acres is designated for single family residential use. This rezoning request is consistent with the residential land use designation but does not comply with the retail land use designation. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The 1998 and 2004 Colleyville Master Plans both stated that densities higher that 1.8 units per acre would be acceptable in areas deemed consistent with sound land use planning principles, such as smaller parcels that make less dense development economically difficult. The proposed development of 77 residential units on this 18.2 acre property will produce a density of 4.2 dwelling units per acre. The proposed residential density is comparable to other approved small lot PUDR developments within the City. The Cambridge Park development contains 38 dwelling units on 9 acres for a residential density of 4.2 dwelling units per acre. The Rosewood Villas development contains 53 dwelling units on 14.7 acres for a residential density of 3.6 dwelling units per acre. The Villas of Colleyville development will contain 67 dwelling units on 19.8 acres for a residential density of 3.4 dwelling units per acre. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet and lot depth of 120 feet. The developer has provided information for inclusion in the PUDR ordinance regarding lot sizes, lot widths and lot depths. The typical lot size proposed by the developer will be 50 feet wide and 110 feet deep. The minimum lot size being proposed is 5,000 square feet. The minimum lot depth proposed is 100 feet. Open Space. The PUDR regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The proposed site plan for the development-shows 21.5 percent of the total development as open space. The open space areas include a pond with a 6 foot concrete walking trail that meanders adjacent to the pond. A five (5) foot concrete sidewalk will link the large open space area on the northwest portion of the property to the 8 foot concrete pathway along Murphy Road. Other amenities include a gazebo near the pond and five picnic tables dispersed within the open space areas. The location of the features are depicted on the PUDR site plan (see attached copy). All of the open spaces will be landscaped and maintained by the Homeowner's Association (HOA). The PUDR regulations require open space areas adjacent to street rights-of-ways to be landscaped with one-three inch caliper tree per each 50 feet of street frontage. This development has 70 linear feet of frontage on Murphy Road, which will require the planting of one tree. Retention Ponds. The current PUDR regulations limit the amount of open space area that can be used for retention or detention ponds to a maximum of 25 percent of the open space. The applicant states that the pond will not exceed this requirement. The PUDR regulations require a retention pond to include at least one aeration device, such as a fountain, water fall, etc. The applicant intends to install a fountain in the pond. City of Colleyville Page 2 Printed on 2/22/2008 Avenda Briefing Continued Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. According to the Colleyville Pathways Plan an 8-foot wide concrete trail is required to be built along Murphy Road as part of this development. The developer is constructing a 5-foot wide internal pathway network within the open space areas as amenities for the development. The internal pathway network will be constructed with concrete. The developer has indicated that the HOA will maintain the sidewalks and pathways within this development. Street Design Waivers. The applicant is requesting a waiver from the maximum amount of lots allowed on a cul-de-sac street. The Land Development Code prohibits more than 12 lots along a cul-de-sac street. The applicant is proposing 19 lots. These lots are shown in orange on the colored site plan. Because of the waiver, the applicant intends to install fire sprinkler systems in the 19 homes along the street in question. Staff, including the Fire Marshal, supports the waiver request contingent upon the installation of the sprinkler system in the homes. The applicant is also requesting a waiver from the minimum street right-of-way width and pavement width for Cannon Court. The Land Development Code requires a minimum 50 feet of right-of-way and 31 feet of pavement width, curb-back to curb-back for all residential streets. The applicant proposes a 21 foot right-of-way and pavement width for Cannon Court. Staff recommends that the street meet the minimum requirements of the Land Development Code, which are listed above. Fences, Walls and Screening. The developer proposes to construct a 6-foot masonry screening wall along Murphy Road and Precinct Line Road. A 6-foot wood fence is proposed to be built north and east property line of the development. A "living screen/split rail" fence is proposed for the southeastern portion of the development adjacent to the open space where it is visible from Precinct Line Road. A 15-foot landscape easement is proposed for the lots that are adjacent to Precinct Line Road and Murphy Road. No details of the proposed landscaping within the easements were presented. Staff recommends that these landscape easement areas be converted to open space lots to be maintained by the HOA with a minimum of one, three-inch caliper tree planted for every 50-feet of frontage in the open space area. Gated/Private Street Development. The developer has indicated that the proposed development, based upon market conditions, may be a gated/private street subdivision with the primary entrance to the development located on the west side of the development along Precinct Line Road. At time of platting, the developer would be required by Chapter 10-Private Streets and Entrance Gates of the Land Development Code to submit the necessary HOA documents for review by the City. The HOA documents must indicate that the streets and drainage systems within the development are private, owned and maintained by the HOA, and that the City has no obligation to maintain the private streets and drainage systems. Access. The development will have primary access on the west side of the development from Precinct Line Road and on the south side from Murphy Road. The Texas Department City of Colleyville Page 3 Printed on 2/22/2008 Agenda Briefin_4 Continued of Transportation (TxDOT) must approve the proposed street intersection onto Precinct Line Road. Staff recommends that if TxDOT determines that the street needs to relocated along Precinct Line Road that staff approval authority be granted to allow an alternate conceptual site plan provided all other requirements of the PUDR ordinance do not require any amendments to in order to account for any relocation of the street on the conceptual site plan. Surrounding Development Trends. The surrounding properties are single family residential and commercial uses. The properties to the north are located within the City of Keller and are developed as single family residences. Properties to the south are zoned R20-Single Family Residential and are developed as single family homes. Properties to the east are zoned PUDR-Planned Unit Development Residential and are currently being developed as part of The Reserve at Colleyville addition as a single family residential development. The properties to the west are located within the City of North Richland Hills and are developed as retail and light commercial uses. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon approval of the final plat for the property. The survey and mitigation plan shall be drawn and submitted according to the requirements of Chapter 5-Tree Preservation of the Land Development Code. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage and Stormwater Runoff. The developer has submitted a drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site retention. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting process. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 77 lot development would add approximately 737 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 19 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 the rezoning request. City of Colleyville Page 4 Printed on 2/22/2008 Agenda Briefing Continued Summary. The proposed zoning change is not fully consistent with the Future Land Use Plan, which designates 2.9 acres located the southwestern portion of the subject property for retail uses. The portion of Precinct Line Road located between McDonwell School Road and Davis Boulevard is primarily residential on the east side in Colteyville with retail located on the west side in North Richland Hills. This land use dichotomy presents an ideal situation for a transitional residential use. Transitional residential uses contain higher densities and are suitable for locations on the fringes of large commercial areas as they transition from an intense commercial use to a less intense, lower density residential use. While the proposed development exceeds the residential density of 1.8 dwelling units per acre, staff has determined the location of the development is appropriate for this type of higher density residential development. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 5 Printed on 2/22/2008 Site 12D0 ~ 2- <, ,, ~~R40 :: _-- , . Stipp AG 1212 AG 1`t 11 Eel b91? ael~ 9508 eeua d`c Oli s"LU 4712 s4It e79s Location and Zoning Map Ef:ll 6600 i~o 6901 6713 909 gpq 909 87?i ~/` 8711 .8711 .6725 U7i4 `~~ b715 i/ 911 i ^-~ ~~ b7U7 67uo ti7U9 - - ~ _ r,,21 F7~9 ~~~e7~.1 T~1 ~1~~ ~ -~ ~ ~ Notification List OWNER_NAME OWNER_ADDR OWNER_CITY OWNER STATE OWNER ZIP SITUS_ADDR Rp25 Development Lp 13455 Noel Rd FI 8 Dallas TX 75240 1016 Murphy Rd W Guthrie, Roger A Dr Etux Janic 1200 W Murphy Rd Colleyville TX 76034 1200 Murphy Rd W Rp25 Development Lp 13455 Noel Rd FI 8 Dallas TX 75240 1014 Murphy Rd W Rp25 Development Lp 13455 Noel Rd FI 8 Dallas TX 75240 1014 Murphy Rd W Ahhrrr Guthrie Family Lp 1200 W Murphy Rd Colleyville TX 76034 8612 Precinct Line Rd Rp25 Development Lp 13455 Noel Rd FI 8 Dallas TX 75240 1108 Murphy Rd W Rp25 Development Lp 5216 Reims Ct Colleyville TX 76034 1100 Murphy Rd W Rp25 Development Lp 5216 Reims Ct Colleyville TX 76034 1106 Murphy Rd W Ahhrrr Guthrie Family Lp 1200 W Murphy Rd Colleyville TX 76034 8600 Precinct Line Rd Quinby, Gary Etux Dawn 1212 W Murphy Rd Colleyville TX 76034 1212 Murphy Rd W Geronimo, Javier 6812 Curtis Rd Colleyville TX 76034 6812 Curtis Rd Neuwirth, Rickey J 6812 Herbert Rd Colleyville TX 76034 6812 Herbert Rd Colleyville, City Of 100 Main St Colleyville TX 76034 6812 Curtis Rd Robert, Edith Fay 6681 Montgomery Rd Midlothian TX 76065 6811 Curtis Rd McCann, Alvin L Etux Glenda S 1211 W Murphy Rd Colleyville TX 76034 1211 Murphy Rd W Hodges, Twila & Scott Meese 6808 Curtis Rd Colleyville TX 76034 6808 Curtis Rd Hodges, Kenneth J Est 6808 Curtis Rd Colleyville TX 76034 8508 Precinct Line Rd Crawford, Doris Alene 1057 McDaniel St Callisburg TX 76240 6808 Herbert Rd Figueroa, Ricardo J 8800 Kirk Ln North Richland Hills TX 76180 6809 Curtis Rd Adam Buczek 3838 Oak Lawn Ave. Suite 1212 Dallas TX 75219 applicant Public hearing notices were mailed on Feb. 14, 2008 by Amy Shelley Signature Statement of Planning Objectives ' 3838 Oak Lawn Avenue, Suite 1212 C O M P A N v Dallas, TX 7$219 Somerset Manor Applicant: Skorburg Company Statement of Planning Objectives We believe the best use of this land would be for a high quality "empty-nester" residential development with detached single family patio homes or "villas" with a typical lot size of 50' x 110'. The site consists of 18.2 gross acres. The property's western boundary is the City of North Richland Hills (commercial zoning), and the property is bordered on the north by existing single family residences within the City of Keller. Currently, 2.899 acres (Block 1, Lot 1A and 1B of the Tate Addition) of the property is zoned R-40. The zoning for the 2.899 acres is inconsistent with the City of Colleyville's Future Land Use 2025 Plan. Hence, we are requesting a change in zoning for this portion of the property as part of our proposed PUD-R. Given the property's proximity to Precinct Line Road and Davis Boulevard and the intense commercial development to the west, this property is an ideal transition zoning area situated between the intense commercial /major street intersections and other less dense residential development to the east and the south. We would like to purchase and develop this property in accordance with the proposed PUD-R zoning request to allow the development of the site for a use similar to other developments previously approved by the City of Colleyville, including Cambridge Place, Villas at Oak Pointe, and Copperglen. The proposed development would consist of seventy-seven (77) custom villas /patio homes similar in style to those in Cambridge Place for a gross density of 4.22 units per acre. Our site plan includes 21.5% open space and offers amenities including a 5' meandering concrete trail that will expand to 6' wide around the pond loop, a retention pond with water fountain, a gazebo and picnic tables. The open space areas will preserve numerous beautiful trees, and will provide a natural buffer between the homes and the intense commercial property and traffic to the west along Precinct Line Road. In our PUD-R, we are requesting the option to gate the community to provide security with private streets and private parks /greenbelts. Regardless of whether we decide to gate the community, the park /greenbelt space and trail within the subdivision would be maintained by the Homeowner's Association. The only portion of trail system that would be dedicated to and maintained by the City would be the 8' wide city hike & bike trail to Somerset Manor Submittal January 25, 2008 be located within the 15' landscape easement along the frontage with Murphy Road (southern edge of the property). Our decision on whether or not to gate the community will depend upon the preferences of our builders (which are not known at this time). Colleyville's Land Development Code (the "Code") encourages the use of cul-de-sacs. As such, we incorporated a cul-de-sac at the northern edge of our site plan, which is within the 600' length as stipulated by the Code. However, Section 6D of the Code also states that the maximum number of lots that can be served by a cul-de-sac is 12 lots. Based on guidance from City staff, it is our understanding that aPUD-R allows an applicant to request a variance on this restriction. The cul-de-sac on our proposed site plan serves 19 lots (highlighted in orange on the site plan). In consideration for receiving this variance, we would require all homes served by this cul-de-sac to be sprinkled. Development Schedule The development of the property would commence immediately upon receipt of final construction plan approval from the City of Colleyville. At this time, we expect to construct the project in a single phase; however, given current market conditions, we respectfully request our PUD-R grant us the option to construct the project in two phases to provide flexibility to meet market demand. (a) Single Phase Schedule Assuming we develop as a single phase, we anticipate commencement of construction within eight (8) months of obtaining preliminary plat approval from the City of Colleyville. The development of the property is expected to take six to nine months subject to events of force majeure {including inclement weather, acts of God, shortages of labor or materials, and delays caused by the City of Colleyville). (b) Two-Phase Schedule If we develop the property in two phases, we anticipate that timing of the first phase will be as described in paragraph (a) above. We would anticipate commencing construction on the second phase within six to nine months of the builders selling out the Phase I lots subject to City of Colleyville approval of our Phase II preliminary plat and construction plans. We expect the development of Phase II would also take six to nine months subject to events of force majeure (including inclement weather, acts of God, shortages of tabor or materials, delays caused by the City). Page 2 of 4 Somerset Manor Submittal January 25, 2008 Proposed Ownershiv Currently, the property is owned by Dr. Roger A. ~ Janice Guthrie. We intend to form a Texas limited partnership to purchase and develop the property upon receipt of zoning and preliminary plat approval from the City of Colleyville. Statement of Utility Provisions City utilities are available to the site as follows: Sanitary sewer: An existing eight (8) inch sanitary sewer line is located along the northern edge of Murphy Road at the southern end of the Property. We have had numerous meetings with the Trinity River Authority and city staff of the City of Keller about the possibility of the City of Keller agreeing to an interlocal agreement with the City of Colleyville for sanitary sewer; however, the City of Keller is unwilling to accept an interlocal agreement without an extensive list of requirements including a metering station, which are not economically feasible given the size of this proposed development. Please see attached letter from Greg Dickens (City of Keller) dated January 17, 2008. As such, we will need the City's consent to allow us to install a small lift station near the northwest corner of the property and force main to the sewer line in Murphy Drive similarly to what was permitted for The Reserve development to the east. Water: There is an existing eight (8) inch water line along the Property's frontage with Precinct Line Road. There is also an existing eight (8) inch water line located along the south side of Murphy Road. Our proposed development will be served with a "loop" system from both of these water lines. Storm drainage: The parks and boulevards will provide the proper storm water detention on site with the drainage discharging at the northwest comer of the site into the drainage system being constructed by Davis Boulevard Medical Center within the city limits of Keller. A preliminary drainage analysis is included with this submittal package. Natural gas: Gas is available to the Property from Atmos Energy. Electricity: Electricity is available to the Property from both Tri-County Electric and Oncor. Page 3 of 4 Somerset Manor Submittal January 25, 2008 Economic Development Information Total Number of Homes: Estimated Home Sales per Year: Projected Average House Value: Total Projected Value (at build-out): Projected Annual City Property Taxes (at build-out) Projected Annual ISD Property Taxes (at build-out): Traffic Impact Ana/ysis 77 14-24 $500, 000 $38,500,000 $166,000 $523,000 The proposed development will consist of seventy-seven (77) homes and is projected to have an average occupancy of two (2) residents per house. The average vehicle trips per day is anticipated to be less than four (4) trips per resident per day. As such, the projected anticipated maximum number of vehicle trips per day is 616 (less than 1,000 vehicle trips per day). Page 4 of 4 Applicant's Response • 3838 Oak Lawn Avenue, Suite 1212 Dallas, TX 75219 C O M P A N Y February 14, 2008 Development Review Committee Attention: Mr. Ron Ruthven, Development Coordinator City of Colleyville 100 Main Street Colleyville, Texas 76034 RE: Somerset Manor Response Letter to Development Review Committee ("DRC") comments Dear Development Review Committee: Please accept this letter containing our response to the DRC comments received on February 6, 2008 pertaining to our proposed Somerset Manor project in Colleyville, Texas. Our responses to the DRC comments are in blue font. DRC Comment #1: Approval will be required from the Texas Department of Transportation (TxDOT) for the driveway approach onto Precinct Line Road. Submit a copy of the permit from TxDOT allowing the driveway approach onto Precinct Line Road. If a permit cannot be readily obtained, submit an alternative site plan showing access from Murphy Road only. Response #1: We aze currently working with Chuck Humphries of TxDOT to obtain the department's approval for our site plan approach onto Precinct Line Road. Obtaining TxDOT's approval is a multi-month process, and requires full construction plans to be completed. Hence, we cannot obtain final approval until after zoning and preliminary plat approval. We acknowledge that our site plan approval would be contingent upon receiving final approval from TxDOT for the driveway approach onto Precinct Line Road. DRC Continent #2: A minimum of 50 feet ofright-of--way and 31 feet of pavement width is required for all proposed streets. Contact Jeremy Hutt, Project Engineer at 817-503-1094, for more information. Res~nse #2: We acknowledge and have incorporated a 50' ROW and 31' of pavement width (back to back) for all proposed streets with the only exception being Cannon Court (the slip street near the entrance from Murphy Drive). We respectfully request a variance for Cannon Court to allow 21' of pavement width (back-to-back) with pazking allowed only on the east side of Cannon Court to ensure that all residences will be accessible at all times. DRC Comment #3: Indicate phase lines on the site plan. Response #3: We now intend to develop the property in a single phase. RECEIVEC F F~g .l 5 ~~~~,~ Per .............. Mr. Ron Ruthven February 14, 2008 Page 2 of 4 DRC Comment #4: Indicate the proposed setbacks for each lot on the site plan. Response #4: We added two "typical building setback" exhibits at the lower left hand corner of our site plan. Option A would allow for 3' & 7' side yard setbacks, and Option B would allow for 5' & 5' side yard setbacks. In addition, we added pad locations on four lots (two lots of each type) on the site plan. At the direction of City Staff, we were advised this would be sufficient detail to address this comment. DRC Comment #5: Provide more specific details of open space amenities so that they may be incorporated into the proposed ordinance. Include a provision that states the homeowner's association will be responsible for maintenance of any amenities. Response #5: We acknowledge that the homeowner's association will be responsible for the maintenance of all amenities within the proposed subdivision. Amenities to be constructed by Developer and maintained by the homeowners' association include: • Detention /retention pond with a water feature (fountain) neaz the northwest corner of the property • 6' wide concrete meandering trail azound the pond in the approximate location as shown on our site plan • 5' wide concrete trail in the approximate locations as shown on our site plan. The 5' wide trail will also connect to the 8' wide City Hike & Bike Trail along the southern edge of the property (north side of Murphy Drive) and is to be constructed by Developer. All trails will be maintained by the HOA with the exception of the 8' wide City Hdce & Bike Trail as this section of trail will be dedicated by the Developer to the City of Colleyville. • Five picnic tables in the approximate locations as shown on our site plan. • One gazebo neaz the pond as shown on our site plan of comparable quality and size as depicted in the pictures provided in our submittal package. DRC Comment #6• What percentage of open space is being utilized for storm water drainage and detention? The maximum amount of common open space used for storm water detention or retention purposes shall not exceed twenty-five (25%) of the common open space area. Res nno se #6: Given we have four acres of open space (22%), the maximum amount of common open space azea that can be used for storm water detention or retention purposes cannot exceed one (1) acre. We have indicated this calculation on our site plan within the pond area. Our detention and retention space will be below this threshold. DRC Comment #7• Provide names for the proposed streets. The street names must be approved by the Fire Marshal. Contact Rob McKeown, Fire Mazshal, 817-581-4591, for more information. Response #7: We have added the proposed street names to our site plan, which we acknowledge is subject to City of Colleyville approval. Mr. Ron Ruthven February 14, 2008 Page 3 of 4 DRC Comments #8 #9 #10: These comments were acknowledgment in nature from the DRC, and were as follows: 8. All oa-site fire hydrants, streets, intoas and street signs must be approved by the F~ Marshal prior to constzvction. Contact Rob McKeown, 817.581-4591, Fire Mazshall, for more infotmaiion. 9. If the development is to be gated, stmt entrances and gates will be required to meet Chapter 10, Private Street and Bafrance Gates in the Land. Development Code. 10. Note that unless otheawise prgwsed by the applicant, all subdivision s~ndards and zoning regulations stated with the Land Development Code shall be applicable. ~ponses to #8 #9. # 10: We agree to and acknowledge each of these comments from the DRC. 1V1r. Ron Ruthven February 14, 2008 Page 4 of 4 In addition to the aforementioned items discussed above, we acknowledge the following: PESiRAETER STREET ^y1PROVEMENTS. Peri~er street impinMemertt fees ~ due at the tune of crpprovrrl of lee plat for Mwphy Road. P street improvements are raquirod for the newly ~~ ms(s) sirrcc y Road is oonsida~ad an tmimproved stied. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of tbe proposed development, as damned by a professional engineer, lioerLSed in the State of Texas., and who is r+etainad by the City of Colleyvilla In making the rough proportionality determination, consideration shall be given to the availability of adequate and umrm~mr levels of public facr7ities and accessibility m the sate for the deliveay of emergency services. tiiPACT FEES. Water, sewer and roadway impact fees are due at the tune a building permit is issued far a new stiwcxure on a newly platted lot. The foes listed below arc intt~nded to provide gtmeral infomration on the fees that could be assessed for this project. The actual foe paid maybe ~,~ g upon fire specific Plains for oon~tdion or other anangenneuts pa+ovided for by aCity-Developer A.g RpJ1DNVAY Fors per dwelling unit will be based on sauces FAA Y DETAt71~D etN1SING uses. Details are availabPe in Cbapca' 13 of the Land DevdoQmeat Coda _ WATER Fels tray vary. Actual fce depeads on water meter sine aod/ar if a new nxtcr is installed. SeYy~ Fees may vary. Actual fee depeads on watQ meter siae and/or if a new meter is installed. TREE SURVEY. As required by ' S of the Land I)cvclop~t Code, approval of a tree survey and mitigation Plan shall be required p~m' to the iss~nce of a Notice to Proceed letter from the F~rgineedtrg Depenimeot. The survey ~ won Plan shall be drawn and submitted aooording to the rcquirements of Chapter 5 of the band Development Code. TREE PRESERVATION. Trees not located under the pad sitc must be preseaved during construction. Before constnrction begins on the site, protective fencing must be installed ermined all preserved feces kx~tted outside the rightof-way. The fencing must be located at the drip line of the pr+esesved trees. T'he protective fencing may be comiprised 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. _ . PARftI.AND t)EDiCAT1ON FEES. Parkland dedication fees are ass~ed at the time of approval of the arbdin-isieon plat. The fee for r~tial dtvelopmerlt is $1,802 per newly cxeabad lot. SDEWAt.ICS. According to the CoUeyville Pathways Plan, a carxaete pathway is required along N~u~iry Rooad.. Tire pathway must be a minimum of eight (8) fcct in width and installed prior to the acceptance of public improvements for this development. We look forward to making Somerset Manor a beautiful, high quality residential addition to the City of Colleyville. Please call me at (817) 657-5548 if there are any questions or comments that need additional clarification. Sincerely, 1`~ ~~%2~ ~~- Adam J. Bucz Skorburg Company CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE February 6, 2008 TO ADAM BUCZEK FAX 817.522.7244 FROM Ron Ruthven, Development Coordinator SUBJECT Z-08-008 AG & R40 to PUDR- 1200 Murphy Rd. & 8600, 8612 Precinct Line Rd. 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. Approval will be required from the Texas Department of Transportation (TxDOT) for the driveway approach onto Precinct Line Road. Submit a copy of the permit from TxDOT allowing the driveway approach onto Precinct Line Road. If a permit cannot be readily obtained, submit an alternative site plan showing access from Murphy Road only. 2. A minimum of 50 feet of right-of--way and 31 feet of pavement width is required for all proposed streets. Contact Jeremy Hutt, Project Engineer at 817.503.1094, for more information. 3. Indicate phase lines on the site plan. 4. Indicate the proposed setbacks for each lot on the site plan. 5. Provide more specific details of open space amenities so that they may be incorporated into the proposed ordinance. Include a provision that states the home owners association will be responsible for maintenance of any amenities. 6. What percentage of open space is being utilized for storm water drainage and detention? The maximum amount of common open space used for storm water detention or retention purposes shall not exceed twenty-five (25%) of the common open space area. 7. Provide names for the proposed streets. The street names must be approved by the Fire Marshal. Contact Rob McKeown, Fire Marshal, 817.581-4591, for more information. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-08-008 MURPHY 8c PRECINCTLINE - AG 8~ R40 TO PUDR 8. All on-site fire hydrants, streets, intersections and street signs must be approved by the Fire Marshal prior to construction. Contact Rob McKeown, 817.581-4591, Fire Marshall, for more information. 9. If the development is to be gated, street entrances and gates will be required to meet Chapter 10, Private Street and Entrance Gates in the Land Development Code. 10. Note that unless otherwise proposed by the applicant, all subdivision standards and zoning regulations stated with the Land Development Code shall be applicable. 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 Murphy Road. Perimeter street improvements are required for the newly created lot(s) since Murphy Road is considered an unimproved street. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY Fees per dwelling unit will be based on SINGLE FAMILY DETACHED HOUS<rIG uses. Details are available in Chapter 13 of the Land Development Code. WATER Fees may vary. Actual fee depends on water meter size and/or if a new meter is installed. SEWER Fees may vary. Actual fee depends on water meter size and/or if a new meter is installed. TREE SURVEY. As required by Chapter 5 of the Land Development Code, approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Department. The survey and mitigation plan shall be drawn and submitted according to the requirements of Chapter 5 of the Land Development Code. TREE PRESERVATION. Trees not located 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 Z-08-008 MURPHY 8~ PRECINCTLINE-AG 8c R40 TO PUDR 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. SIDEWALKS. According to the Colleyville Pathways Plan, a concrete pathway is required along Murphy Road. The pathway must be a minimum of eight (8) feet in width and installed prior to the acceptance of public improvements for this development. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, February 25, 2008, 7:00 p.m. City Council: Tuesday, March 11, 2008 and April 1, 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 exhibits; ^ 1 reduced copy (8.5x11) of the exhibits. The above requested items must be submitted no later than noon on Friday, February 15, 2008, in order to make the scheduled hearings. Please contact me at ruthvenr(a,ci.colleyville.tx.us or 817.503.1052 if you have any questions. 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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 APPROXIMATELY 18.2 ACRES ON LOT 1, BLOCK 1 OF THE RIVER VALLEY RANCH ADDITION AND LOTS 1A AND 1B, BLOCK 1 OF THE TATE ADDITION, FROM THE AG-AGRICULTURAL AND R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICTS TO THE PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-08-008; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after Ordinance 0-08-XXXX Page 2 of 6 holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 18.2 acres on Lot 1, Block 1 of the River Valley Ranch Addition and Lots 1A and 1B, Block 1 of the Tate Addition, from the AG- Agricultural and R40-Single Family Residential zoning districts to the PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" labeled Location and Zoning Map. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 4.2 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with Exhibit "B" labeled conceptual site plan, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat in accordance with the requirements of Ordinance 0-08-XXXX Page 3 of 6 the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit "B", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Minimum Lot Depth c. Front Building Line d. Side Building Line e. Minimum Building Separation f. Side Building Line Along Street g. Rear Building Line 5,000 square feet 100 feet 15 feet 5 feet, 3 feet or 7 feet 10 feet 10 feet 10 feet 5. OPEN SPACE a. This development shall provide a minimum of 21.5% common open space, as shown on Exhibit "B", which shall be for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space amenities shall include a gazebo and five picnic tables to be located as shown in the attached Exhibit "B". c. Open space may be utilized for storm water retention not to exceed 25% of the common open space area. 6. PRIVATE SIDEWALKS AND STREETS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Land Development Code. b. The walking paths located within the open space areas shall be constructed of concrete. Ordinance 0-08-XXXX Page 4 of 6 c. This development may be developed as a gated community with private streets in accordance with Chapter 10-Private Streets and Gate Entrances of the Land Development Code. 7. SCREENING a. A six (6) foot tall masonry fence shall be constructed along the frontage of Murphy Road and Precinct Line Road as depicted in the attached Exhibit "B". b. A living screen/split rail fence shall be built on the west property line as depicted in the attached Exhibit "B". c. A six (6) foot tall wood fence shall be built along the north and east property lines as depicted in the attached Exhibit "B". d. One-three inch caliper tree per each 50 feet of street frontage shall be planted in all open space areas along street frontages. $. OTHER a. Retention ponds shall include at least one aeration device per pond. b. Homes built on Lots 41 through 59, depicted in the attached Exhibit "B", shall be installed with a fire suppression sprinkler system approved by the Fire Marshal. c. All street right-of-way and pavement widths shall meet the minimum requirements of the Land Development Code. d. If required by the Texas Department of Transportation, the street accessing Precinct Line Road (shown as Guthrie Drive) may, upon submittal of a revised conceptual site plan and subsequent approval by the City Manager's designee, be relocated to the north or south of the existing proposed intersection with Precinct Line Road shown on the attached Exhibit "B" provided all other provisions of this ordinance are met. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and Ordinance 0-08-XXXX Page 5 of 6 upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Zoning and Location Map Exhibit "B" -Conceptual Site Plan