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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-5/12/2008City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com `~^ \ }~ ~r f+_„1;;; Meeting Agenda Monday, May 12, 2008 6:15 PM City Council Chambers Planning and Zoning Commission _ City of Colleyville ~~ Meeting Agenda ;:;- Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 vaww. col leyvil le. com Monday, May 12, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 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 Byerly 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES April 28, 2008 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Approval of a request by Mark Allan for a waiver of the tree mitigation requirements in the Land Development Code for Lot 48R1A, Block 4 of the Western Trails Addition, located at 607 Frontier Court, Case G-08-019 City of Colleyville Page 1 Printed on 4/29/2008 Planning and Zoning Commission Meeting Agenda May 12, 2008 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 9. TABLED AGENDA ITEMS 9a Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 11. COMMISSIONERS' COMMENTS AND REPORTS 12. JOURNMENT I here certify the ove agenda was posted on the bulletin boards at City Hall on Th sday, May 8, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 4/29/2008 City of Colleyville ~ 00 Main Street Colleyville, Texas 76034 (817) 503-1000 www. Colleyville. com ~~~~ <~, -._ -- -. _= ~_ .,~.~~ - ~~/~ ,~ Minutes -Draft Monday, April 28, 2008 6:15 PM City Council Chambers Planning and Zoning Commission R `"-~ City of Colleyville } _ ^`~ Minutes -Draft ~, ~.:- Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, April 28, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 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 April 28, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Michael Clardy, David Phelps, Denis Duffy and Jeff Byerly Absent: Commissioner Scott Redfearn Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt, Robert McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the April 14, 2008 meeting minutes with spelling corrections on pages 4 and 5. Commissioner Knox seconded. City of Colleyville Page 1 Printed on 5/8/2008 Planning and Zoning Commission Minutes -Draft April 28, 2008 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a Preliminary Plat of 6.4 acres on Tract 3B of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 Ron Ruthven presented the case and briefed the Commission. Commissioner Dudziak questioned staff regarding if any ammenities were added since the previous discussion with the Planning and Zoning Commission with regards to the reduction of open space? Ron Ruthven replied the front portion along Glade Road will contain a meandering sidewalk with trees and open space as well as a pond at the back of the property that will be used as a detention pond. Commissioner Knox moved to approve case P-08-015. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 4 -Knox, Clardy, Phelps, Byerly Nay: 2 -Dudziak, Duffy Absent: 1 -Redfearn 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 Justin Bass presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if there is an issue with having two commercial driveways on Glade Road? Ron Ruthven replied that the Engineering Department had requested one driveway entrance from Glade Road given that there is an existing driveway adjacent to the property that would restrict it to one access point. Commissioner Byerly opened the public hearing at 7:09 p.m. Joan Vandergriff, the applicant, 5317 Bluebonnet, came forward to Cify of Colleyville Page 2 Printed on 5/8/2008 Planning and Zoning Commission Minutes -Draft April 28, 2008 answer any questions. Commissioner Duffy questioned Ms. Vandergriff regarding what is the purpose of splitting the property? Ms. Vandergriff replied it would be easier to market with two commercial properties. She stated having no issue with one entrance on Glade Road. Discussion occurred between Commissioner Phelps and Ms. Vandergriff regarding the number of lots and access for each. Commissioner Duffy questioned Ms. Vandergriff regarding if both Glade properties would be served by one driveway? Ms. Vandergriff replied yes. Commissioner Duffy questioned Ms. Vandergriff regarding what the Old Glade Road entrance would serve? Ms. Vandergriff replied one of the three lots that is on the plat for consideration, 1 R1. She stated the new property owner could move the entrance if they so chose. Discussion occurred between Commissioner Duffy and Ms. Vandergriff regarding what structures would remain on the property. There being no one wishing to speak, the public hearing was closed at 7:15 p.m. Commissioner Phelps stated having concerns for the smaller lot on Glade Road. He stated both lots will be non-compliant on the Glade Road side. Commissioner Byerly questioned staff if the lot width is the only waiver that is being requested? Justin Bass replied yes. Commissioner Byerly stated not having an issue with the waiver request since there will be a common access for both lots on Glade Road. Commissioner Phelps moved to approve case P-08-013 as presented with the waiver request. Commissioner Byerly seconded. Commissioner Dudziak questioned staff regarding what exactly is the waiver? Commissioner Byerly replied the lot width. Commissioner Duffy stated the plat as presented does not benefit the city. Commissioner Byerly disagreed and stated the applicant wants to keep her business and sell the other two properties for future development. He stated if the applicant does not get the approval for the plat, then there is only one commercial lot. He stated there will not be another entrance from Glade Road that would cause a traffic issue. City of Colleyville Page 3 Printed on 5/8/2008 Planning and Zoning Commission Minutes -Draft April 28, 2008 Commissioner Phelps questioned staff regarding if there is language in the common access that would restrict only one driveway? Ron Ruthven replied the location of the driveway approach is based on the Land Development Code regarding the minimum spacing of driveway approaches. He stated the common access on the plat would allow the lots to only have access from the one driveway. Commissioner Phelps questioned Ms. Vandergriff if she was aware of that condition and if she is willing to accept it? Ms. Vandergriff stated yes. She stated she is very proud of the property and that the new owners will build with the same look as the old mayor's home. The motion failed by the following vote: Aye: 3 -Knox, Phelps, Byerly Nay: 3 -Dudziak, Clardy, Duffy Absent: 1 -Redfearn Commissioner Dudziak stated having a concern that once the lot is sold, the new owners will want another entrance onto Glade Road. He stated there is no control after the property is sold. He stated having a concern for the lot width. Commissioner Phelps stated this is to allow for the existing business to stay. He stated any waiver requests would have to come back before the Commission for approval. Discussion occurred between Commissioner Duffy and staff regarding the lot sizes and if something can be built on the properties. Discussion occurred between Commissioner Byerly and Commissioner Dudziak regarding what is being requested for the waiver. Commissioner Byerly moved to table case P-08-013 to the next meeting. Commissioner Phelps seconded. City Attorney Kallas reminded the Commission that if the plat is not approved by a motion within the 30 days that it will automatically be approved. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn City of Colieyvilie Page 4 Printed on 5/8/2008 Planning and Zoning Commission Minutes -Draft April 28, 2008 8b Approval of a replat of Lot 1 R1, Block 1 of the Starbucks Addition located at 5520 Colleyville Boulevard, Case P-08-014 Justin Bass presented the case and briefed the Commission. Commissioner Duffy questioned City Attorney Kallas regarding if the Commission can approve the plat without the abandonment of Church Street? City Attorney Kallas replied the plat can be approved prior to the abandonment because #here can be a condition on it that the abandonment can occur before the plat is filed. Commissioner Byerly opened the public hearing at 7:31 p.m. Kevin Patel with the Dimension Group, the applicant, came forward to present the case and brief the Commission. Commissioner Phelps questioned Mr. Patel regarding if the consolidation of this lot is to bring this lot into one body and will it affect any current development? Mr. Patel replied correct, it will not affect any development. He stated all requirements have been made for this project. There being no one wishing to speak, the public hearing was closed at 7:32 p.m. Commissioner Phelps moved to approve case P-08-014. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 - Redfearn 8c Request for a replat for Lots 1 R-A and 1 R-B, Block 1 of the K.R. Marsh Addition on 5.7 acres being Lot 1, Block 1 of the K.R. Marsh Addition located at 2201 Oak Knoll Court, Case P-08-016 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:33 p.m. Jenson Gainer, the applicant, came forward to present the case and brief the Commission. Commissioner Phelps questioned Mr. Gainer regarding the drainage and access to the creek. He stated he appreciated the effort regarding the issues being addressed. Mr. Gainer stated he understood the need for the city to gain access to the drainage easement for the clearing of City of Colleyville Page 5 Printed on 5/8/2008 Planning and Zoning Commission Minutes -Draft April 28, 2008 debris in the creek area. Commissioner Duffy questioned Mr. Gainer regarding if the city can gain access to the property for clean up purposes? Mr. Gainer replied yes. There being no one wishing to speak, the public hearing was closed at 7:39 p.m. Commissioner Phelps moved to approve case P-08-016. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 - Redfearn 8d Approval for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107A, Case Z-08-013 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:41 p.m. Kathy Fontana, the applicant, came forward to present the case and brief the Commission: Commissioner Dudziak questioned Ms. Fontana regarding the hours of operation in the ordinance state 7 a.m. to 9 p.m. and will those hours of operation be acceptable? He stated if those hours are to be extended, then the applicant will have to come back before the Commission and amend the request. He stated now would be the time to request the time for the hours of operation. Ms. Fontana replied she did not know about that and stated she would like the hours to be extended to 10 p.m. Donna Cornell, 4009 Woodstock, spoke in opposition to the request. There being no one wishing to speak, the public hearing was closed at 7:47 p.m. Commissioner Dudziak moved to approve case Z-08-013. Commissioner Duffy seconded. Commissioner Phelps stated he would like to add a friendly amendment to the motion to include the sale of only beer and wine. Both movers concurred. Commissioner Dudziak stated he would like to add a friendly amendment City of Colleyville Page 6 Printed on 5/8/2008 Planning and Zoning Commission Minutes -Draft April 28, 2008 to extend the hours of operation to be from 7 a.m. to 10 p.m. Both movers concurred. Commissioner Duffy stated this request is for off premise consumption. He stated there are two facilities that are currently in operation that serve alcoholic beverages. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 - Redfearn 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 10. COMMISSIONERS' COMMENTS AND REPORTS None 11. ADJOURNMENT The meeting adjourned at 7:50 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 25, 2008 by 12:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 7 Printed on 5/8/2008 `~ ~_~`` ~+~~ ~~ ~~~~~ ~~~~~ 100 Main Street ~3 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: 05/12/2008 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request by Mark Allan for a waiver of the tree mitigation requirements in the Land Development Code for Lot 48R1A, Block 4 of the Western Trails Addition, located at 607 Frontier Court, Case G-08-019 Attachments: Applicant's Request Tree Removal Permit History of Legislative File Version: Date: Acting Body: Action Text: 1 05/12/2008 Planning and Zoning Commission Title Approval of a request by Mark Allan for a waiver of the tree mitigation requirements in the Land Development Code for Lot 48R1A, Block 4 of the Western Trails Addition, located at 607 Frontier Court, Case G-08-019 Explanation Mark Allan is requesting an appeal to the tree mitigation requirements of Chapter 5 -Tree Preservation of the Land Development Code on 0.55 acres located at 607 Frontier Court. The total tree mitigation waiver request is for 269 caliper inches. The property is zoned R20-Single Family Residential and is currently vacant. The property has been graded and several retaining walls built in order to build the home on the lot, as the lot had a very steep grade. It was during this process that many trees were removed without approval from the City. The attached topographic plan (Exhibit "A") provided by the applicant shows a drop in elevation of 36 feet from the back of the property to the front of the property creating a 29% percent slope. In comparison, most residential lots of similar size in Colleyville have a slope between 0% and 10%. City of Colleyville Page 1 Printed on 5/9/2008 Agenda Briefing Continued Chapter 5 -Tree Preservation of the Land Development Code states that trees on platted lots located in utility easements and in the buildable area of the lot are exempt from the tree mitigation provisions of the chapter. The buildable area is defined as the area within the front, side and rear building setback lines that a structure may be built. The subject property contains a 40 foot front yard, 10 foot side yard, and a 25 foot rear yard setback. According to the tree survey submitted by the applicant (attached as Exhibit "C" to this briefing with trees removed shown as red dots), a total of 658 caliper inches from 58 trees was removed from the lot during the site grading process out of a total tree count of 1,265 caliper inches from 112 trees for the property. Of the 658 inches removed, 389 inches were located within the buildable area of the lot and, therefore, were exempt, while the remaining 269 inches are not exempt. Chapter 5 states that non-exempt trees must be mitigated, either through replanting of the removed trees on the same property at a minimum of one, three-inch caliper tree per each three inches of required mitigation, or through the payment into the tree preservation fund at the cost of $100.00 per caliper inch of each non-exempt tree removed. Given the 269 non-exempt inches removed from the property, the applicant would be required to either (1) replant a maximum of 90 trees at a minimum of 3 caliper inches each on the property or, (2) pay $26,000.00 into the tree preservation fund. Therefore, the applicant is requesting that the required mitigation of the 269 caliper inches of non-exempt trees removed from the property be waived. Summary. Staff supports the request given the unique topography of the property. The removal of the trees on the property was necessary in order to construct the retaining wall in order to make room for the home as the grade for the lot was very steep. Recommendation Approval of the tree mitigation waiver. City of Colleyville Page 2 Printed on 5/9/2008 Applicant's Request 3105 Ira E. Woods Avenue Suite 130, PMB 223 Grapevine, Texas 76051 THE ALLAN LAW FIRM Metro(817) 424-2323 Fax (888) 253-2945 MARK W ALLAN mallan~a,allanfirm.com Attorneys and Counselors at Law April 11, 2008 City of Colleyville 100 Main Street Colleyville, TX. 76034 Re: Syril and Jennifer Mathai and Their Property Located at 607 Frontier Court, Colleyville, Texas, 7603; Tree Removal Permit Dear Sir or Madam: Please be advised that the undersigned has been retained to represent Syril and Jennifer Mathai, (the "Owners") in connection with certain matters relating to their property located at 607 Frontier Court, Colleyville, Texas, 76034, the ("Lot"). One of these matters has to do with the trees on the Lot. This letter is being submitted in connection with a Building Permit Application seeking approval of the removal of certain trees from the Lot. The Lot was purchased by the Owners from an adjacent property owner for the express purpose of developing the Lot into a single family residence for the Owners to live in. This is one of the last parcels of land in the area to be developed due in large part to the slope of the property. Attached hereto as Exhibit "A" is a topographical survey of the Lot which illustrates the extreme slope of the Lot. The only plausible way to develop the property for a single family residence requires the erection of multiple retaining walls. This necessitates the removal of certain trees outside the foot print of the slab and access drive. Attached hereto as Exhibit "B" is a tree survey of the Lot which illustrates the slab foot print, access drive and placement of the necessary retaining walls. Finally, attached hereto as Exhibit "C" is a tree survey which illustrates the trees for which the Owners are seeking a permit in support of removal. The trees for which approval is needed are marked in Red. The trees that are not subject to removal are marked in Yellow. Please let me know if you have any questions or if you need any additional information. MA/wmf ~~ •p r v o o 1 a ~; i ~~ J ~~ ~~ °~ _ Q~ V! N r r ~ g~ ~~ o~rn~ ~~ ~ ~ ~ v _ __ __ t ~_ ~ , { ~ ~ ~~~~ ~~~~ ...:m _.~ ., "t~~ ~G 1* v r f r n 6 ~~ ~~,~ ~ . 4 ., ITi ~ :1 i I r Roger Bohannon Vol. 5958, Pg_ 187, ORTCT ~,~ N 004'16" W ~125.25r o t! ~itY Eosernert t .,,,r, ~ u U _ ~_ ro- 0 4~ ~ . ~_- e o9 oe4 r oea ~ ~_ tart es- oat , .. az- 0.4 f tpar,s- - =s r.~. t oil- tan 2e- T ii~ ou- oe4 ' , • .. ' ~- o0r .r O 48R- 2 ~ ~"- °ak g' Lo ~j sat Qi N ~ ~ ~ °D- _ N r y ° 'Y > 004 • .~ : - __, ~ Darr •~ s- ••4. 41 gt- ea4 ~/e: 1 "= 40' re ° Oe4 Zt- T Oak O oat O O - ' e e Qsk 20r 004 ' „~, ~ r N ;,, ~ ~ r ~ N a~ ave ~ e" 6. Olo4 ~ "~J t2- OorrR~3~ •r Twin Onk Ox- `V O Q- 0a4• 6- 0e4• Zt- T.iO Os• . ° A ~ 414e •r oat d- p~ 4e- a,4 6- ~4• d i6" Trln 00~- J6' 7.10 C 0e~s. •d- 004 .~ ~ it on4o °~ tr- o.~t ~. 2s~ T•in osl~ U~b'°' ~.- 0040 •r o a°`°~°u° • :~ a.- T,i, • a~4 •r or +i ono -- ~ UFI~~ a~TTien7- ~`. ~ - - - - S 0007'12' E 5,26' Wester Trolls, Sec. 2 G Vol. 388-80, Pg. 56, PRTCT \ _x- r va. ~~ r tsee, L«.r °C `~C -- _ `~ V ~RoNT W~t~ ---'-_ .+.+~.av iti.ss- 33.89_ N 873057 E 050042 '. survey was prepared from o survey made on the ground, and is based on ~rmotion from the plot stafed above provided by the client stoted below, and ~eynr is not aware of all . easements, restrictions, and building requirements. houfd verify all city, county, or other requirments_ ~ . - , .••, .n°c me survey mop hersati and Y+n9 deecriptian, depicts and deeoribes tha results of d accurate Otrvex mode an tha ded~ond belief, ie o true and coma depK~ and test ~~~°t~ ~ >a+eeYed~ and that Uwe are no area or boon prolroeione across botOndary w-es. ;» ~ ~ eseapt os ehowrt basso. fie only Property is subject to~on~owid w so~seme~rtt~' and reetrictittna toot may be of record, M the 100 yey p~ polo or nood hazard Y eel on the dote stoted her Zane: a on r deten+dnation of the eOn' and should not be iMarprated A~9 Prapensltles of 1tNs Properly. wvey was performed in connection with the traneodion X~ iw4tmork Homwc ! •~~. .._.. euvv~AF7A~ ~ C~ ~q~. » ~~7 ~9 ~o _ ~!+~n'1 :t ~ ~~ Ror~er° ~3c~hannar~ Vol. 598, f~'g. 18?, 0#?TCT N ~~ C?4'16" W 1~5..~5' . 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"''oafiyy u.~ w7' C k 36' frvirt fJaR:: alt Qok ~~~ zs"~r.~, oox~ ~ ~, ,~ arm 70" Ork~1 ~ ' ~ fig G~i° g' gekq T` Ova; 2a' Iwi+ ac ?<` ikd~f ~~"~ °T" Ocrk o n7 +[inR t~`~ ° v of d""" B" [i~a _` ~Wii.L .,~-- i .........~... ,._ -p~_ _ _~.. .~.- T _ .i~+/~. 1 dry/ /M. /f //fir' mac} ~/'+~{~ i./V ~i t(.L 't G. iIF Lr/~~ti/t Wester Traits, Sec. ~ ~' vnt. ~~~-~a. tag. ~a, ~~zTCT Ta _ . } survey was prepi~red from a survey +rmc~ton from the plaf stated above reynr is nvt aware t~f r~(t easements, 'could verify c~tt city, cc~~~nty, r~r ether mach an the ground, and is based grr provided by fhe client surfed below, anct resfrictians, and bur'tding requirerrrents. requirm en ts, __- _ siyntd, hereby certify tbal tike szrrvey oaa~p h~+eoti, arxB On ying descritrt~nrt, depict : rM.d drscfi#~cr:: the cesutl~ of ~i accurota sats'vey, mode nn She yround, and it+r Etta best edge and be(itt, is a t,ue and correct dapic~ion Wtd +i the property svrveyed. and that these ar¢ na ;raaGt,menls or protrusions across boundary Fines, area or boundary, except as shown hereon, 17Te drily ha undersigned ha, knowledge, are those as shaven, property is SuixjrCCf to OTy OnIS O!1 C6>ert,INll S, IIrid restrictions Ihat rrwy be of recorc. A1ny lhr t(HI year f1ooA ptn~ or Rc d hnao ~ zone. is an cd oa tht data statod bCrcW~, c~nd Should ndi E>~ iarter}~rct~r! •r del+.rreaMntian of khe fiaading propensRoes of this Drop~rky. ~tmcy wns pr_ttorRned i~ cannectian wish ?ha Ercrosartia N ~MJlri(Ttrri'k tinn~wc ( nee. ...... ExN/Blf ~C "~-~~ ~~ t~~ ~~~ qd' ti0" Y! fi ~" ~ 4;~ „~~ ~~~' ~ ~ ~ City of Coileyvilfe 100 Maln Street Colieyville, TX 81T - 503 -1050 (Please print clearly) Miscellaneous Construction • • • • • • • Date: ~ f I ~ _ M ~ V Name of general contracting company: -- ~. - ~ Building ite street address: s ,,~ `-~ ti ~ /` w' ,pT l.Do~ HIV ~~-E ~ ~f~u~ l ~ ~ '4 u Contact name: Street address of contra ~ , r' 1 1 2008 M ~. U-~ ApR Contact address (if different from above): ~' 3 ~ City /State /Zip: ~ ., 3 I ~5 S R.q ~ . W o oD~ ~ 3 L-- ~ ~ :~ '{ Contact City /State /Zip: Telephone: Drivers license number.• BY B . Gi2A~pE~ ~ E (~05 (oga- * ~3-'~ ~°i8 Accessory /Storage Billdixgs Construct accessory building 1. Building Line Setbacks: g. How many other accessory buildings, detached carports Construct garage Front: or detached garages exist on This property, not including Construct carpon. Left: the one that application is made fob a. Attached/Detached: Right: 6. Tota! s. f. of building: Rear' h. Total square footage o1 other accessory buildings, c. Building height: detached carports or detached garages. d. Foundation type: e. Distance to main building: Misc Constriction Fences ~ Screening Walls ~Const. 1 Sales Trailer Deck Construct fence a. Is fence being constructed Portable building Tent -Chain Link on a comerlot? ~Driveapproach ~Rooflng -Wood yes ~No Demo Imove-out (move-in +Wrought Iron b. Overall fence height: p~/~L_'- SSE Other. ~~.F,~ ~E~ -Masonry ~• /~ Cellular or Trans. Tower r'T~~}t-~ ~D~• _ other Construct Retaining Wall Overall tower height: d. Dumpster Screen (Attach engineering plans) Note: Attach a Plot Plan and your proposed Construction Plans. Estimated Construction Value: $ Your name (Printed Name): M d¢~ ~.L~„~N Signature: Permit approved: Permit number: (5411) Building Permit Fee: Yes ~ No (5417) Plan Review Fee: Reviewed by: Notified Owner/Contractor: {5416) Contractor Reg. Fee: Eng. Dept. Fire Dept. Date: Total due: Bldg. Insp. BUILDING PERMIT APPLICATION B 3 -Miscellaneous Building Permit CV - 003 (07- u4) lv-~,,- Cat 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: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 05/12/2008 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 Attachments: Location and Zoning Map Notification List Letters of Opposition Development Review Committee Memo Applicant's Response Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 05/12/2008 Planning and Zoning Commission Title Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 Explanation Jason Williamson submitted a request to rezone 0.6 acres of land located on the east side of Colleyville Boulevard, south of John McCain Road. The applicant is requesting to rezone the property from AG-Agricultural to CC1-Village Retail. Existing Conditions. The property is currently developed as a single residential lot that contains an existing home. The subject property is currently not platted and is only accessible by a 24 foot common access easement linking the property to Colleyville Boulevard. Proposed Development. Upon approval of the rezoning request, the subject property will be platted into the existing subdivision called The Gardens, located on the adjacent properties owned by the applicant immediately to the west between the subject property and Colleyville Boulevard. The resulting replat will create a single four acre lot fronting on Colleyville Boulevard that the applicant intends to develop for office and retail uses. Lot Sizes. The applicant has submitted an exhibit illustrating the existing property boundaries. The CC1 zoning district requires a minimum lot area of 15,000 square feet, lot width of 150 feet and lot depth of 120 feet. This site does not contain sufficient width to City of Colleyville Page 1 Printed on 5/8/2008 Agenda Briefing Continued accommodate the CC1 zoning district development standards. As proposed, the lot would be approximately 102 feet wide. This deficiency, however, will be addressed upon the platting of the property as described above. Master Plan. The Colleyville Master Plan designates the future use of this area for retail type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The surrounding properties represent a variety of zoning districts within the city. The property to the north is zoned ML-Light Industrial and is being redeveloped as a carwash; the property to the south is zoned AG-Agricultural and contains a single family home; the property to the west is zoned CC1-Village Retail and is currently undeveloped, and the properties to the east are zoned PUDC-Planned Unit Development Commercial and PUDR-Planned Unit Development Residential and are developed as single family residences. Public NotiFcation. Staff mailed notices to 18 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 four letters of opposition regarding the request. Summary. The proposed zoning request complies with the Colleyville Master Plan. Although the proposed lot does not meet the CC1 zoning requirement with regard to lot width, the proposed incorporation of this lot into the Gardens subdivision, pending approval of this zoning case, will allow the property to satisfy all CC1 zoning district requirements. Recommendation Approval City of Colleyville Page 2 Printed on 5/8/2008 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Unique Landscaping Design 7111 Colleyville Blvd Colleyville TX 76034 7111 Colleyville Blvd Rtan-Rtan Enterprises Inc 4424 Young Dr Carrollton TX 75010 7109 Colleyville Blvd # B Unique Landscaping Design & 7111 Colleyville Blvd Colleyville TX 76034 7111 Colleyville Blvd Pecan Creek Village Ctr Ptr 5613 Dtc Pkwy Ste 800 Greenwood Village CO 80111 7101 Colleyville Blvd Rosado, Juan R Etux Marianela 2208 Danielle Dr Colleyville TX 76034 2208 Danielle Dr Kuhn, Alyce 2204 Danielle Dr Colleyville TX 76034 2204 Danielle Dr Hampton, Anthony C Etux Cather 2200 Danielle Dr Colleyville TX 76034 2200 Danielle Dr Hudson, Rocky & Cynthia 7011 Colleyville Blvd Colleyville TX 76034 7011 Colleyville Blvd Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colleyville TX 76034 7013 Colleyville Blvd Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colleyville TX 76034 7013 Colleyville Blvd Hamraee, Farzin Etux Afsaneh 2209 Danielle Or Colleyville TX 76034 2209 Danielle Dr Bates, Stephen L Etux Jana 2205 Danielle Dr Colleyville TX 76034 2205 Danielle Dr Devonshire, Patricia L 2201 Danielle Dr Colleyville TX 76034 2201 Danielle Dr Brown, Diana Marie 2302 Still Point Ln Colleyville TX 76034 2302 Still Point Ln Elborai, Adel M Etux Nadia M 2300 Still Point Ln Colleyville TX 76034 2300 Still Point Ln Ramsey, William A Etux Deena A 6918 Meade Dr Colleyville TX 76034 6918 Meade Dr West, Cheryl Ann & Diane Myers 7009 Colleyville Blvd Colleyville TX 76034 7009 Colleyville Blvd Olarte, Guillermo Etux Ligia 6916 Meade Dr Colleyville TX 76034 6916 Meade Dr Gardens Commercial Partners, appli 3930 Glade Rd Ste 108 Colleyville TX 76034 Colleyville Blvd Public hearing notices were mailed on Thursday, May 1, 2008 by Amy Shelley. Signature Letters of Opposition Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case L-UK-015 WRI'T•YtN (:VMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER TI IAN 5 P.M. ON WEDNESDAY, May 7, X008. Procedure Res ond~ As a Prope t of the sub ect tract) r (an interested citizen), 1 (approve rte and/or (have tfie following commen ) ~ ~ w A / I • .. n ~ -. • - Print Name and Address, or Lot, Block and S//ubdivision: /` /~ ~ ~r ~~ L e . ;, _. I ~.~ ... _ _ _ 1_/ i c~n. , n ~ / d ll 0_Lh/k..GL/C.t~C.C~~ L ~tc~FJ /tQ{ • 7~ 76 D 3~ Signature: ` ~~b~ L'~ ~ ~./~/!~ /,t~ (Phone No.)~17~ ~C/. ~~~ Direct questions and mail responses to: Community Development Department Gity of rollPyvilte, 100 Main Street Colleyville, TX 76034 0. 817.503.1050 F: 817.503.1059 Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, May 7, 2008. Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) l~l,~~ ,~~~'tE~f ~12er ~~uu~sf ,~, 7!~ ~`lo~///~~S ~G<<f/UnY, . (~) ~Fvr lc~R /BAS No ~Can~m, ~rr~vtf ~ /n~ ~<~e ~/~ ~/~ ~c~~. 6Uf ~~ s~ruc,fuf-.~ .o~~~ ~inA~~~em J .~ CynCe ~~s=~ J~h~-tt Cc~fy !.~ ~.~.r~~ C-~~e~A ~ u C de J Ac fv f h is oC~ vcCv/~~r»~ ~ s is~~F cgs t-t~ 2~ oCu ~~ ~oro/~~.~ty. !/alue~ 7 /O/TS!/ot)o//,an/~ellz NE/Sl~/,~,~h~~. ~ 3 , ~ d cl ~ ~-iv~~ G(~~ ~~yS Pace !„~o u. l ~ kc_~~ G. ~ u.~~.-F CC.t/ OLD S ~c~ uc~.~" aN~ ;~C~ Our /~~ope~~~ valcc~ 0'n~ cS-~'~l1/d Aro! aT ~~4'1~~ h IShP2 N ~l~ ~~v`c~o~~ Prin Name and Address, or Lot, Block and Subdivision: n/thoNy ~- C'~~hF~e~nrE __ n~ a aoa ~~aN~el~~ , Colf~~-~ll~ ~ Irk Signature: ~~~~~ (Phone No.)~f 7• ~~-~. B~~C Direct questions and mail responses to: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 O: 817.503.1050 F: 817.503.1059 Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, May 7, 2008. Procedure to Respond: A a Prope er within 200 feet of the sub'ect tra or (an interested citizen), (approve rotes n or ave the following comments) ~~ (Phone No.) Ol7" ~y2 ~ ~~Q 3 Signature: Direct questions and mail responses to: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 O: 817.503.1050 F: 817.503.1059 Drink AI7mG anti A~I~irPSS_ or Lot. Block and Subdivision: Dear planning and zoning committee, As a resident of Colleyville on Danielle Drive, t will soon be subject to a car wash, the only 2 story retail center outside of The ~Ilage, a commuter train every 20 minutes, and a rail station. 1 am blessed to be gaining all of this increased noise, auto traffic, lights, smells, increased pedestrian traffic, and loss of privacy right across one fence and small piece of land designated agricultural. Is one piece of property left as a buffer too much to ask? The planning and zoning office has repeatedly assured us, it would never be rezoned to assure a separaYron between the residential and commercial properties. 1 hope I can trust you to do the right thing for a resident instead of a developer this time. Keep this property zoned agricultural. Thank you, Lana Bates Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, May 7, 2008. ~,~ ~,c.~'~7L~2~c-~ '~ Ct x.11 ~_~ ~ ~ ~ _ ~~ Print Name and Address, or Lot, Block and Subdivision: ~lQt - 74~ 7lp ~ 34~ - _ Signature: I?'YY ~ (Phone No.) jT ~~ Direct questions and mail responses to: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 O: 817.503.1050 • F: 817.503.1059 As a Prope et of the sub'ect tract) r (an interested citizen), I (approve pr tes) and/or (have the following comments) CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE April 22, 2008 TO IAN NORFOLK FAx 817.335.7437 FROM Justin Bass, Planner SUBJECT Z-08-015 7011 Colleyville Blvd. - AG to CC-1 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. Add a north arrow to the exhibit. 2. Only shade the subject tract of property on the vicinity map, not the entire proposed development. 3. Note the PUD-R zoning district, located to the southeast of the development, on the key map. 4. The property must be platted and a site plan submitted prior to issuance of a building permit. S. Remove the parking diagram from the exhibit. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. There are no perimeter street improvement fees due since there is an existing house on the property. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by aCity-Developer Agreement. ROADWAY Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-08-015 7011 COLLEYViLLE BLVD AG TO CC-1 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. TREE PRESERVATION. Trees not located within the right-of--way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of--way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PARKLAND DEDICATION FEES. There are no parkland dedication fees due since there is an existing house on the property. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, May 12, 2008, 7:00 p.m. City Council: Tuesday, June 3 and June 17, 2008, 7:30 p.m. Please submit the following to our offices: ^ A written letter stating that each comment has been addressed. The above requested items must be submitted no later than noon on Friday, May 2, 2008, in order to make the scheduled hearings. Please contact me at bassj(a~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 ouN~o-wAy Dunaway No. 2006257 May 1, 2008 Justin Bass, Planner City of Colleyville 100 Main Street Colleyville, TX 76034 Applicant's Response Re: Response to City's Comments dated April 22, 2008 Z-08-015, 7011 Colleyville Blvd. - AG to CC-1 Dear Justin: Please find the following responses to the Colleyvilte Development Review Committee comments: 1) The following changes to the plan sheet have been completed as requested. a. North arrow has been added. b. Vicinity map has been modified per request. c. PUD-R has been noted on the key map. d. Parking diagram has been removed. 2) We understand the property must be platted and a site plan submitted prior to issuance of a building permit. 3) We acknowledge the following comments: a. No street improvements will be required with the zoning change. b. Water, sewer and roadway impact fees will be due before a building permit will be issued. c. Tree preservation will be required. d. There are no parkland dedication fees due. DUNAWAY ASSOCIATES, L.P. a Te s limite Liability partnership Jason Williamson, P.E. Project Manager JAW:mme 2006257_Ltr Colleyville_Response_08-0426_CHW.docx RECEIVED Per ............. 1501 Merrimac Circle, Suite 100 a Fort Worth. Texas 76107 ~ Tel: 817.335.1121. Metro: 817.429.2135 a Fax: 817.335.7437 r www.dunawayassociates.com ORDINANCE 0-08-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.6 ACRES ON TRACTS 3D1 AND 3E1, ABSTRACT 963 OF THE ABSALOM J SURVEY, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO CC1-VILLAGE RETAIL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-08-015; 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 to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-xxxx Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 0.6 acres on Tracts 3D1 and 3E1, Abstract 963 of the Absalom J Survey from the AG-Agricultural zoning district to the CC1-Village Retail zoning district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map and described in the attached Exhibit "B", labeled Legal Description. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-08-xxxx Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map EXHIBIT "B"-Legal Description THE GARDENS AT COLLEYVILLE PROPERTY DESCRIPTION BEING a tract of land s€tuated €n the Absalom J. Lott Survey, Abstract No. 963, City of Colleyville, Tarrant Gounty, Texas, being aA of that certain tract of land as described by deed to Cynthia D. Hudson, recorded in Volume 11338, Page 812, Deed Records, Tarrant County, Texas and being all of that certain tract of land as described by deed to Rocky Alan Hudson, recorded in Volume 10491, Page 714, Deed Records, Tarrant County, Texas, said tract being mare particx~larly described try metes and bounds as follows: BEGINNING at a 112" iron rod with orange cap stamped "Moak Sure Inc." found for the northwest comer of said Hudson's trail, the northeast comer ofi that certain tract of land as described by deed to Gardens Commercial Partners, Ltd., recorded in County Clerk's Document Na. D207153199, Deed Records, Tarrant County, Texas, in the south line of Lot 1R2, Block 1, Tropicana Fuels Addition, an addiNan to the City of Golleyv€€le, acxording to the plat recorded in Gabinet A, Slide 5398, Plat Records, Tarrant County, Texas; THENCE South 89°33'08" East (S 89°29' E Deed}, with the north line of said Hudson's tract, with the south sine of said Lot 1 RZ, Bkx~c 1, Tropicana Fuels Addition, a passing distance of 80.89 feet to a 112" iron rod found for the southeast cxyrner of said Lot 1R2, Block 1, Tropicana Fuels Addition, being the mast westerly southwest comer of Lot 6, Block 9, Longwood Estates at Ross Downs Phase V, an addition to the City of CoAeyvtlle, according to the plat recorded in Cabinet A, Slide 2704, Plat Records, Tarrant County, Texas, continuing with north line of said Hudson's tract, with the a south line of said Lot 6, Black 9, Longwood Estates Addition for a total distance of 105.04 feef (105.00' Deed) to a 112" iron rod found for a re-entrant rimer of said Lat 6, Black 9 and being in a west line of said Longwood Estates Addition; THENCE South 00°55'08" West (S 01°47'40" W Deed), with the east tine of said Hudson's tract, with a west line of said Longwood Estates Addition, a passing distance of 269.87 feet to the southwest comer of Lot 13, Block 8 of said Longwood Estates Addition, continuing with the east line of said Hudson's trail for a total distance of 291.65 feet (291.5' Deed) to an 1"pipe found for the southeast carver of said Hudson's tract, the northeast comer of that certain tract of land as described by deed to Cheryl Ann West, D€ana West Myers and Daugtas F. Myers, receded in County Clerk's Document No. D206035360, Deed Records, Tarrant County, Texas; THENCE North 89°27'39" West (N 88°31` W Deed} ,with the south line of said Hudson's tract, with the north 1€ne of said Myers tract, a distance of 102.ti8 feet (105.00' Deed) to a 518" 'stun rod found for the southeast comer of aforementioned Gardens Commercial Partners tract and being the southwest comer of said Hudson's tract; THENCE North 00°27'17" East (N 01°47'40" E Deed), with the west line of said Hudson's tract and with the east line of sa€d Gardens Commercial Partners #ract, a distance of 291.48 feet (289.8' Deed) to the POINT OF BEGINNING and «x~ntaining a calculated area of 30,280 square feet ar 0.695 acres of land. ,~ .- 100 Main Street ~ i G~ City of C o I I eyv i I I e Colleyville, Texas 76034 `~"`~ t (817) 503-1000 ~~~ Agenda Briefing www•colleyville.com File Number: File Type: Case Status: Commission Tabled Items Version: 1 Requester: Community Development Department Agenda Date: 05/12/2008 Agenda No.: 9a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 Attachments: Location and Zoning Map Development Review Committee Memo Applicant's Response • Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 04/28/2008 Planning and Zoning Commission 1 05/12/2008 Planning and Zoning Commission Title Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 Explanation Update This item was tabled at the Planning and Zoning Commission meeting held on April 28, 2008. Request. Joan Vandergriff is the developer of a 1.9-acre tract of land located at 710 Glade Road. The developer has submitted a request for approval of a replat which will consist of three commercial lots. Zoning. The property is zoned CC1-Village Retail. The CC1 zoning district requires a minimum lot width of 150 feet, a minimum lot depth of 120 feet and a minimum lot size of 15,000 square feet. Waiver Request. The applicant is requesting a waiver to the lot width requirements of the CC1-Village Retail zoning district for Lots 1 R2 and 1 R3. The minimum lot width required by the CC1-Village Retail zoning district is 150 feet. Lot 1 R2 is proposed to be 128.6 feet wide and Lot 1 R3 is proposed to be 119.4 feet wide. City of Colleyville Page 1 Printed on 5/8/2008 Agenda Briefing Continued Existing Conditions. There is an existing commercial building located on Lot 1 R2 that will remain. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for newly platted lots. The fee for non-residential uses is $800 per acre. The fee must be paid before the plat is recorded with the County Clerk's Office. Sidewalks and Trails. The Land Development Code and Colleyville Pathways Plan requires a trail along Glade Road and a sidewalk along Old Glade Road. The Glade Road trail must be constructed of concrete and be a minimum of ten (10) feet in width and the Old Glade Road sidewalk must be a minimum of five (5) feet in width. Both are required to be installed when any new structures are built on the property.. Perimeter Street Improvement Requirements. Perimeter street improvement fees will be due for the property adjacent to Old Glade Road since it is considered an unimproved street. Tree Preservation. Trees not located within the building footprint must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside of the building footprint. Summary. The owner's surveyor has addressed all Development Review Committee comments. However, the proposed development does not meet the minimum requirements of the Land Development Code with regard to lot width for Lots 1 R2 and 1 R3. This plat only requires approval by the Planning and Zoning Commission. Recommendation Denial due to technical non-compliance of the Land Development Code City of Colleyville Page 2 rr-nrea on aiaicvvo Location and Zoning Map CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE Apri18, 2008 TO JOAN VANDERGRIFF FAx 817.428.4327 FROM Justin Bass, Planner SUBJECT P-08-013 Replat -Lot 1, Block 1, Redding 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. Rename Village Park Drive to Glade Road. 2. Increase the Glade Road right-of--way to 95 feet as required by the city's Master Thoroughfare Plan. Also include the location of the centerline and distance from the centerline to the property boundary. 3. Will the current structures remain on the property? If so, provide a schematic indicating their location and their distances to the closest building setback lines. 4. Continue the 24 foot mutual access easement along Glade Road to the western boundary of Lot 1 R2. 5. Remove the City Council certification block. Approval of a replat is only required by the Planning and Zoning Commission. 6. The CC 1 zoning district requires lots with at least 150 feet of width at the building line. Lots 1 R2 and 1 R3 only provide approximately 125 feet. A waiver must be considered and granted with this plat by the Planning and Zoning Commission before issuance of a building permit. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees will be due for the property adjacent to Old Glade Road since it is considered an unimproved street. 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 100 Main Street - Colleyville, Texas 76034 - 81 7.503.1050 DEVELOPMENT REVIEW COMMITTEE P-08-013 REPEAT OF BEDDING ADDITION 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 Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. WATER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. SEWER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. 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. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. The fee must be paid before a building permit will be issued. SIDEWALKS/TRAILS. The Land Development Code and Colleyville Pathways Plan require sidewalks along both Glade Road and Old Glade Road. The Glade Road sidewalk must be a minimum of ten (10) feet and the Old Glade Road sidewalk must be a minimum of five (5) feet. Both should be installed when any new structures are built on the property. The existing sidewalk along Glade Road must be improved to meet the current city requirements. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, April 28, 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, April 18, 2008, in order to make the scheduled hearings. Please contact me at bassi~ci.colleyville.tx.us or 817.503.1055 if you have any questions. PAGE 2 OF 2 Applicant's Response Moak Surveyors, Inc. LICENSED STATE aND REGISTERED PROFESSIONAL LAND SURVEYORS David W. Myers, L.S.L.S., R.P.L.S. John W. Morgan, R.P.L.S. Jason B. Rawlings, R.P.L.S. Texas • New Mexico • Arizona • Nevada • Topography • Forensic Surveys • Land Title Surveys • Acry Size Boundaries • Construction Layout • Platting/Land Planning City of Colleyville Planning and Zoning Dept. 100 Main Street Colleyville, Texas, 76034 ATTN: Justin Bass April 15, 2008 RE: Replat Showing Lots 1R1, 1R2, and 1R3, Block 1, Redding Addition, an Addition to the City of Colleyville, Tarrant County, Texas (P-0&013) Dear Justin; In response to the Developmental Review Committee Comments the following: 1. Rename Village Park Drive to Glade Road. (Done, see plat) 2. Increase the Glade Road right-of--way to 95 feet, show centerline and distance from centerline to property. (Done, see plat) 3. Current structures will remain, distances from property to structures are shown. (Done, see plat) 4. The 24 foot mutual access easement has been extended. (Done, see plat) 5. The City Council approval block has been removed. (Done, see plat) 6. We have 127.8 feet at the building line on Lots 1R2 and 1R3 and have requested a waiver on the 150 foot condition. The lots shown on this plat are much Iarger than the required minimum. This project will not work without this waiver. The remaining conditions noted are acceptable to my client. If you have any other questions, please do not hesitate to call. Thank You; . c.~ ohn W. 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