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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-11/13/2018City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, November 13, 2018 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: COMMISSIONER BEVILL PLEDGE OF ALLEGIANCE 1.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 2.PUBLIC HEARING AGENDA ITEMS 2a Consideration of a Replat for Lots A1R1 and A1R 2, Block 2, of the Pleasant Oaks Estates Addition, located at 512 and 600 Leta Lane, Case PC18014 Planning and Zoning Commission Agenda November 13, 2018 City of Colleyville Page 2 2b Consideration of a Special Use Permit for a carport on Lot 16, Block 2, of the Quail Crest Estates Addition, located at 316 Quail Crest Drive, Case ZC18032 2c Consideration of a zoning change from R10 Single Family Residential district to R20 Single Family Residential district on Tracts 6A & 6A2, Abstract 1203, in the Peterson Pate Survey, located at 713 Field Street, Case ZC18034 2d Consideration of a zoning change from PUDC Planned Unit Development – Commercial district, PUDR Planned Unit Development – Residential district, and ML Light Manufacturing district to AG Agricultural district on Lot 1A, Block 12, of the Longwood Estates at Ross Downs and Tract 1, Abstract 294 & Tract 4A3A, Abstract 591, in the Robert Chowning Survey, located at 7201 Colleyville Boulevard, Case ZC18030 2e Consideration of amendments to Chapter 2 – Definitions and Chapter 3 – Land Use in the Land Development Code, specifically to “Short Term Home Rental”, TABLED FROM THE OCTOBER 8, 2018 PLANNING AND ZONING COMMISSION MEETING 2f Consideration of amendments to the Land Development Code, specifically Chapter 5 – Tree Preservation 3.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards November 9, 2018 by 5:00 p.m. Araceli Botello Planning Technician A quorum of the Colleyville City Council may be in attendance at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2a Agenda Date 11/13/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Replat for Lots A1R-1 and A1R -2, Block 2, of the Pleasant Oaks Estates Addition, located at 512 and 600 Leta Lane, Case PC18-014 Explanation The applicant has requested to replat two tracts by shifting the property line between the two tracts to the east. Grayson CeBallos, the applicant, has submitted a request for a Replat of Lot A1R-1 and AIR-2, Block 2, of the Pleasant Oaks Addition, being approximately 2.937 acres, and zoned R-40 Single Family Residential district. The purpose is to create two platted single-family residential lots. Existing Conditions/Background: The subject properties, 512 & 600 Leta Lane, reside on the north side of Leta Lane east of Bransford Road. The subject property has R-40 zoning and the tracts are developed with a single-family residences. The property has had R-40 zoning dating back to 1977 and since that time the zoning has not changed. Lot Dimensions and Setbacks: Per Section 3.24 G, Schedule of District Regulations in the Land Development Code, the R-40 zoning regulations require the following standards: Minimum Lot Area: 40,000 square feet Minimum Lot Width: 150 feet Minimum Lot Depth: 150 feet Minimum Front Yard Setback: 40 feet Minimum Side Yard Setbacks: 15 feet Minimum Rear Yard Setback: 25 feet Maximum Lot Coverage: 20 percent As submitted, the proposed plat meets all of the requirements of the R-40 zoning as described in the Land Development Code. Surrounding Development: The surrounding area consists of a mix of larger lots with R-40 zoning and smaller lots with R-10 zoning, all of which are developed with single family homes. Planning and Zoning Commission Agenda Briefing 2a City of Colleyville Page 2 Analysis: The proposed lot layout complies with the existing R-40 zoning and meets the intent of the City’s Comprehensive Master Plan. Tree Preservation: Any subdivision of the subject property must comply with Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a Tree Removal Permit has been issued that is associated with an approved Tree Preservation Plan. In addition to the requirements for submittal of a Tree Removal Permit and Tree Preservation Plan, future development on the site must maintain the minimum existing protected tree canopy coverage as required in Chapter 5. Public Notification: Staff mailed notices to all property owners within 500 feet of the subject property. Notice was also published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received for this item. Staff Recommendation: The proposed plat meets the requirements of the Land Development Code, staff recommends approval. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Plat Exhibit 5.Notification Map 6.Notification List 7.Property Owner Notification 8.Draft Resolution LE TA L A N E 513505 601 609 613 608508 513 601 512 600 509 504 501 605 609 Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC18-014 K Subject Property 512 and 600 Leta Lane BEVERLY DRIVE SUELLENCIRCLE LE T A L A N E R-40 R-10 R-10 513 617 612 700608 701 512 512 508 705 505 704 705 600 608 504500 601 704500508 604 616 612 701 600 609 613 704700 608508 513 601 512 600 509 504 5705 501 5701 605 609 702 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. PC18-014 K Subject Property 512 and 600 Leta Lane B R A N S F O R D R O A D COLLEYVILLE TER SUELLENCIRCLE O A K L E I G H L A N E BEVERLY DRIVE LE TA LANE 513 405 709 605 705 617 800 5904 605 612 700 601511 513 608 701 512 5700 701 512 512 508 705 6000 5816 708 505 704 705 5812 600 801 608 504500 5901 613 601 5808 704 705 709 800 505501 500 508 601 609 604 616 612 701 701 600 6001 609 708 509 5702 609 717 801613 704 5704 800 700 5706 608508 316 5616 513 400 601 512 600 404 5604 509 504 5710 5712 5704 5705 501 5701 605 5608 609 402 56125608 702 Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. 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PC18-014 K Subject Property 500ft Buffer Properties within 500ft 512 and 600 Leta Lane Owner Name Owner Address Owner City Owner Zip Situs Address WALLER, EDWIN 513 LETA LN COLLEYVILLE, TX 76034 513 LETA LN MCGRATH, PAUL E 709 BEVERLY DR COLLEYVILLE, TX 76034 709 BEVERLY DR SURLEY, ELDON R 617 LETA LN COLLEYVILLE, TX 76034 617 LETA LN KOEHN, GARY L 612 COLLEYVILLE TERR COLLEYVILLE, TX 76034 612 COLLEYVILLE TERR FREIMUTH, KIRK 700 COLLEYVILLE TERR COLLEYVILLE, TX 76034 700 COLLEYVILLE TERR BUTLER, LINDSAY LEE 508 COLLEYVILLE TERR COLLEYVILLE, TX 76034 508 COLLEYVILLE TERR JOHNSON, WM R 608 COLLEYVILLE TERR COLLEYVILLE, TX 76034 608 COLLEYVILLE TERR ROGERS, LAURA 701 SUELLEN CIR COLLEYVILLE, TX 76034 701 SUELLEN CIR JEFFRIES, BRANDON 512 COLLEYVILLE TERR COLLEYVILLE, TX 76034 512 COLLEYVILLE TERR CHILDRESS, JOHN 512 BEVERLY DR COLLEYVILLE, TX 76034 512 BEVERLY DR BUTLER, LINDSAY LEE 508 COLLEYVILLE TERR COLLEYVILLE, TX 76034 508 COLLEYVILLE TERR CROSS, SHEILA 705 BEVERLY DR COLLEYVILLE, TX 76034 705 BEVERLY DR GRAY, JAMES M 505 LETA LN COLLEYVILLE, TX 76034 505 LETA LN BELLAMY, MARTY 705 SUELLEN CIR COLLEYVILLE, TX 76034 705 SUELLEN CIR KAMKID PROPERTIES LLC 6016 LD LOCKETT RD COLLEYVILLE, TX 76034 600 COLLEYVILLE TERR EDWARD, TIM A 608 BEVERLY DR COLLEYVILLE, TX 76034 608 BEVERLY DR LEMASTER, SCOTT L 504 COLLEYVILLE TERR COLLEYVILLE, TX 76034 504 COLLEYVILLE TERR ALVARADO, PATRICIA L 500 COLLEYVILLE TERR COLLEYVILLE, TX 76034 500 COLLEYVILLE TERR CROWSON, RODNEY 601 LETA LN COLLEYVILLE, TX 76034 601 LETA LN MINOR, ARVIL 5808 BRANSFORD RD COLLEYVILLE, TX 76034 5808 BRANSFORD RD WEST, NICHOLAS 5506 TEXAS TR COLLEYVILLE, TX 76034 500 BEVERLY DR RIMMER, HARRY L 508 BEVERLY DR COLLEYVILLE, TX 76034 508 BEVERLY DR CALDWELL, J R 604 COLLEYVILLE TERR COLLEYVILLE, TX 76034 604 COLLEYVILLE TERR DWYER, JOHN 5511 CLERMONT CT COLLEYVILLE, TX 76034 616 COLLEYVILLE TERR CLEFF, DAVID M 612 BEVERLY DR COLLEYVILLE, TX 76034 612 BEVERLY DR LOPEZ, CLAIRE LOUISE 701 BEVERLY DR COLLEYVILLE, TX 76034 701 BEVERLY DR GLEASON, JAMES T 600 BEVERLY DR COLLEYVILLE, TX 76034 600 BEVERLY DR TEES, LORENA 609 LETA LN COLLEYVILLE, TX 76034 609 LETA LN DWYER, JOHN J 5511 CLERMONT CT COLLEYVILLE, TX 76034 613 SUELLEN CIR WHITEHURST, MARY K 704 SUELLEN CR COLLEYVILLE, TX 76034 704 SUELLEN CIR PETERSON, LOWELL E 700 SUELLEN CIR COLLEYVILLE, TX 76034 700 SUELLEN CIR NELSON, ROBERT 608 LETA LN COLLEYVILLE, TX 76034 608 LETA LN LINES, JAMES K 3207 ST ALBANS CIR COLLEYVILLE, TX 76034 508 LETA LN TANNER, BRUCE 5616 BRANSFORD RD COLLEYVILLE, TX 76034 5616 BRANSFORD RD O'REGAN, BRIAN 513 BEVERLY DR COLLEYVILLE, TX 76034 513 BEVERLY DR BURNETT, JOHN P 601 BEVERLY DR COLLEYVILLE, TX 76034 601 BEVERLY DR LINES, JAMES K 3207 ST ALBANS CIR COLLEYVILLE, TX 76034 512 LETA LN LINES, JAMES K 3207 ST ALBANS CIR COLLEYVILLE, TX 76034 600 LETA LN OREGAN, BRIAN 513 BEVERLY DR COLLEYVILLE, TX 76034 509 BEVERLY DR WEST, GARY R 104 OAK VALLEY DR COLLEYVILLE, TX 76034 504 LETA LN TANNER, VICKI 15618 HADDON FIELD WAY DARNESTOWN, MD 20878 5710 BRANSFORD RD CARNEY, MAX 5712 BRANSFORD RD COLLEYVILLE, TX 76034 5712 BRANSFORD RD GARRISON, LISA 5704 BRANSFORD RD COLLEYVILLE, TX 76034 5704 BRANSFORD RD WEST, ERNEST R 104 OAK VALLEY DR COLLEYVILLE, TX 76034 5705 BRANSFORD RD BRISTOL, DAVID E 501 BEVERLY DR COLLEYVILLE, TX 76034 501 BEVERLY DR WEST, GARY R 104 OAK VALLEY DR COLLEYVILLE, TX 76034 5701 BRANSFORD RD DE JONG, MICHAEL 605 BEVERLY DR COLLEYVILLE, TX 76034 605 BEVERLY DR WEBB, JOHN P 609 BEVERLY DR COLLEYVILLE, TX 76034 609 BEVERLY DR DAVIS, JOSHUA 702 COLLEYVILLE TERR COLLEYVILLE, TX 76034 702 COLLEYVILLE TERR LAUREL OAKS ESTATES 809 LAUREL OAKS LANE COLLEYVILLE, TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED CEBALLOS, GRAYSON 220 ELMS STREET LEWISVILLE, TX 75057 APPLICANT Public hearing notices were mailed on October 26, 2018 by Araceli Botello Notification List NOTICE OF PUBLIC HEARING Zoning Case Number: PC18-014 Owner: Grayson CeBallos Applicant: Grayson Ceballos Location: 512 & 600 Leta Lane Property Description: Lot A1W and A1R, Block 2, of the Pleasant Oaks Estates Addition Present Zoning: R-40 Single Family Residential District Request: Consideration of a Replat for Lots A1R-1 and A1R-2, Block 2, of the Pleasant Oaks Estates Addition, located at 512 and 600 Leta Lane . The purpose is to replat the properties into two single-family residential lots. The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Planning and Zoning Commission Mee ting: Tuesday, November 13, 2018 at 7:00 p.m. City Council Meeting: Tuesday, December 4, 2018 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real pr operty within 500 feet of the request as such ownership appears on the last approved tax roll and all hom eowners associations within 1000 feet. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request . The application is on file for public examination in the Community Development D epartment at 100 Main Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/government/departments -a-l/community-development/active-development-cases. For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting info rmation. Jacquelyn Reyff, AICP Principal Planner jreyff@colleyville.com RESOLUTION R-18-XXXX A RESOLUTION APPROVING A REPLAT FOR LOTS A1R-1 and A1R-2, BLOCK 2, OF THE PLEASANT OAKS ESTATES ADDITION WHEREAS,the Planning and Zoning Commission recommended approval of the Replat for Lots A1R-1 and A1R-2, Block 2, of the Pleasant Oaks Estates Addition on November 13, 2018. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Replat for Lots A1R-1 and AIR-2, Block 2, of the Pleasant Oaks Estates Addition on approximately 2.937 acres, attached as Exhibit “A" - Plat Exhibit, is hereby approved. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 4th DAY OF DECEMBER 2018. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood Place 1, Tammy Nakamura Place 5, Chuck Kelley Place 3, Kathy Wheat Place 6, Callie Rigney Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor Exhibit “A” - Plat Exhibit City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2b Agenda Date 11/13/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a Special Use Permit for a carport on Lot 16, Block 2, of the Quail Crest Estates Addition, located at 316 Quail Crest Drive, Case ZC18-032 Explanation Neal and Joyce Morris, the applicants, have submitted a request for a Special Use Permit (SUP) to allow for an existing carport to remain on the property at 316 Quail Crest Drive Lot 16, Block 2, of the Quail Crest Estates Addition, being approximately 0.34 acres, and zoned R-15 Single Family Residential Development – Residential district. The request is for the carport to be larger and longer than allowed, closer to the side property line than permitted, and constructed using alternate materials. Existing Conditions/Background: The subject property, 316 Quail Quest Drive, has R-15 zoning and is located on the north side of Quail Quest Drive in the Quail Crest Estates Subdivision. The property has R-15 zoning, which dates back to 1972. SUP Request: Request – The applicant is requesting approval of an SUP to allow for a carport structure which is larger and longer than regulations allow, encroaches into the side property line, and is constructed using alternate materials. Ordinance – Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code establishes what may be permitted by City Council on a residential lot: C. Residential Carport Regulations – Carports located in zoning districts which permit single family residential dwellings shall comply with the regulations contained in this section. 1. Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. 2. Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the Planning and Zoning Commission Agenda Briefing 2b City of Colleyville Page 2 public interests. a. Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport shall not exceed 24 feet. b. Height: A carport shall not exceed a maximum height of 15 feet. The height shall be measured from the finished grade to the highest point of the roof. c. Setbacks: i. A carport located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. ii. A carport located 10 feet or more from a principal building may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulations. d. Maximum Number Per Lot: one e. Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9’) by eighteen feet (18’) and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9’) in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: i. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. ii. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12”) or more than forty-eight inches (48”). Any carport Planning and Zoning Commission Agenda Briefing 2b City of Colleyville Page 3 with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. g. Adequacy of Plans and Specifications: The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant’s request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. Currently, the site has 1,750 square feet of a carport structure. The applicants have already constructed the structure without a Specific Use Permit, but once learning that a Specific Use Permit would be required they applied to begin the process. Analysis: The purpose of a Special Use Permit (SUP) is to allow for a use not normally allowed in a zoning district which could be of benefit in a particular case to the general welfare, provided adequate development standards and special requirements are imposed to protect surrounding uses or to preserve the character of the neighborhood. The existing carport structure does not comply with the requirements of Section 3.27.C. The structure is 1,270 sf over the 480 sf allowed by SUP. There is a requirement for the structure to have specific materials. This request varies greatly from those materials. Additionally, the structure is encroaching into the required side yard. The site exhibit, elevations, and photos have been included as attachments for review. Surrounding Development: The properties to the north, east, and west all have residential development with R-15 zoning. The properties to the south are located in the City of Bedford and zoned residential. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. The ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date one letter of opposition has been received. Staff Recommendation: The following findings have been identified by staff for consideration of the Commission for the requested SUP: The carport structure was built to store the applicant’s vehicles. The carport does not meet the size standards outlined in the LDC. As part of consideration of the Planning and Zoning Commission Agenda Briefing 2b City of Colleyville Page 4 SUP, the City Council may impose other requirements necessary particular to the case to protect the public interests. Additionally, if Council decides to impose other requirements regarding this request, the considerations would remain only on 316 Quail Crest Drive and would not set a precedent for other properties. Architecturally, the carport structure is not compatible with the requirements outlined in the LDC. However, there may be no negative impact because it is not visible from the public right-of-way and most adjacent properties. Recommendation None Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Plan 6.Parking Area & Tubular Steel Support Plan 7.Carport Elevations and Details 8.Photos Provided by Applicant 9.Photos Taken by Staff 10.Notification Map 11.Notification List 12.Property Owner Notification 13.Letter of Opposition 14.Draft Ordinance Q U A I L C R E S T DR I V E 409 400 404 400 316 308 401 312 413 405 Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-032 K Subject Property 316 Quail Crest Drive Q U A I L C R E S T DR I V E O A K B R I A R L A N E R A V E N C O U R T F A L C O N C O U R T M E A D O W L A R K L A N E R-15 409 400 404 409 408 400 316 413 308 504 401 500 312 501 417 3505 304 3509 413 3513 404 408 3517 412 401 412 500 501 420 405 416 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-032 K Subject Property Properties Outside the City Lim it 316 Quail Crest Drive Q UA IL RUN WO O D BRIAR LAN E O A K B R I A R L A N E Q U A I L C R E S T D R I V E RAVEN COURT F A L C O N C O U R T WOOD BRIA R COURT M E A D O W L A R K L A N E B L U E Q U A I L L A N E 3604 505 313 3508 501417 408 409 114 400 509 3509 404 300 504 509 409 205 408 400 3609 517 212 3513 421 316 3512 412 3500 413 208 308 504 401 500 3516 3504 312 512 501 3504 417 3505 3516 505 3517 505 304 401 3609 509 3509 413 413 309 3513 404 408 3500 3605 3612 521 3508 405 3517 3605416 3612 508 412 401 3608 400 412 513 404 405 500 512 501 3512 3501 508 513 3505 420 405 416 Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-032 K Subject Property Resid ential Properties Outside the City Lim it 316 Quail Crest Drive Statement of Planning Objectives City of Colleyville Community Development Department Development Review Committee Subject: SUP for Carport. - 316 Quail Crest Drive Response from Applicant on Comments: 1. The character of the proposed development is an “L” shaped covered automobile parking area and proportioned to be confined within a fenced area located in the back yard of the existing structure (house). The proposed development will complement the current board-on-board and picket perimeter fence replacing sections of the 6’ picket fence with 8’ sections. The east elevation with a 6’ board-on-board fence shall not be changed. Additional fence will be erected for the west and south elevations and a portion of the east elevation. The purpose of the proposed development is to protect current, classic and antique automobiles from hail, sun degradation and other inclement Texas weather. The automobiles are the #2 highest investments this family owns. The Home at this location is their #1 investment. a) The total square footage of the parking area will be approximately 1,750. b) Currently, on the property is no garage, accessory building or covered parking. c) As stated above, the purpose of the proposed covered parking area will be to park current, classic and antique automobiles. d) The exterior of the proposed parking area will include the existing perimeter fence on the north and partial east elevations. The south portion of the east elevation is new 8’ board-on-board fence with three 10’ gates. The north perimeter fence includes a board-on-board to the northwest and picket fence on the northeast. The existing 6’picket fence shall be replaced with an 8’picket fence. The west elevation is new 8’ board-on-board fence. The west section of the south elevation abuts the house with and additional 4.5’ of board-on-board fence and gate. The east portion of the south elevation is new 8’ board-on-board fence with three 10’ gates. The parking area shall have a tubular steel frame to support a tarp cover for the area. The tubular steel shall be 1.375’ and 1.625’ diameters and connect to the existing and new 2.375’ fence post. The steel framing shall be attached with bolt on end clamps to allow removal for unencumbered access to the Utility Easement. The steel framing shall include gussets and mid-section post to minimize sagging, add increase uplift resistance and structural integrity. e) The new board-on-board fence shall consist of 6”X 8’ cedar boards attached to 2’X4” pleasure treated supports with stainless ring shank nails. The fence shall have a 2”x6” top board and 1”x4” cover plate at the top of the vertical boards. The steel framing and tarp shall be below the fence line. The tarps shall be a terminal-set reinforced membrane attached to steel framing with grommets and heat welded membrane strips. The tarp shall be attached atop the west perimeter fence with termination bar and screws 6” on center. Statement of Planning Objectives f) The maximum height of the proposed parking area will be approximately 8’. See photos showing the fence heights and a location of the proposed parking area indicated on a flyover photo of the lot. 3. Development Schedule: NA 4. Height requirement is met. 5. The proposed parking area will extend to the North and East property lines encroaching on the 6’ easements. The resident has obtained signatures from all City of Colleyville Associates for an Encroachment Agreement. (See Attached) 6. Total square footage of property is approximately 15,000. The square footage of existing structure is approximately 3,122. The total square footage of the covered parking area will be approximately 1,750. Thus, the total square footage of all structures is approximately 32.48% of total lot coverage. 7. The proposed covered parking area will be totally behind the rear of the principal building or enclosed within an 8’ fence with exception of the 24’ of the east elevation with a 6’ fence. See exhibit for north and east lot line easements. Statement of Planning Objectives The White lines indicate the fenced area for automobile access/egress and the Covered Parking Area The narrow black line indicates the Utility Easement and Encroachment Area 54 . 6 ’ 111’ 50 . 3 3 ’ 30 . 5 ’ 23 . 3 ’ 24 . 1 ’ 30 . 5 ’ 4. 7 ’ Si t e P l a n NO R T H A1 . 3 0 1 4" x 4 " P O S T FE N C I N G L I N E RE S I D E N C E QU A I L C R . A1 . 3 0 2 4' - 8 " 15 ' - 2 " 10 ' - 2 " 10 ' - 2 " 10 ' - 2 " 1 0 ' - 2 3 / 4 " 1 0 ' - 0 1 / 2 " 1 0 ' - 1 3 / 4 " 3 0 ' - 5 " 2 4 ' - 2 " 50 ' - 4 " 19 ' - 1 0 " 30 ' - 6 " 1 2 ' - 8 " 1 5 / 8 " T U B U L A R P O S T 2 -3/ 8 " P O S T 4 ' -0" O . C 2 -3/ 8 " P O S T 6 ' -0" O . C A1 . 3 0 1 NO R T H 1 5/8" STEEL TUBING 1 3 / 8 " T U B U L A R P I P E A1 . 3 0 2 8' - 0 " 1 5 / 8 " S T E E L V E R T I C A L S U P P O R T ( 4 E A C H ) 1 3 / 8 " S T E E L VE R T I C A L T U B U L A R SU P P O R T S PA R K I N G A R E A CO V E R E D B Y TA R P A1 . 3 0 3 Si m A1 . 3 0 4 Si m A1 . 3 0 5 Si m ScaleDateNEAL MORRIS 316 QUAIL CREST DRIVE COLLEYVILLE, TX 76034 1/4" = 1'-0"8/28/2018 9:53:53 PM A1.20PARKING AREA &TUBULAR STEEL SUPPORT PLANMORRIS & McCOY FAMILY PARKING AREA 08.26.18 1 / 4 " = 1 ' - 0 " 1 CO N S T R U C T I O N P L A N 1 / 4 " = 1 ' - 0 " 2 RE F L E C T E D C E I L I N G P L A N BO L T E D S T E E L TU B I N G CO N N E C T O R Pa r k i n g A r e a & T u r b u l a r S t e e l S u p p o r t P l a n 3 G A T E S I N B O A R D -ON -BO A R D F E N C E RE S I D E N C E E X T E R I O R 1 -5/ 8 " P O S T 2' - 0 " 1 ' - 6 " RO O F S O F F I T 3 G A T E S I N B O A R D -ON -BO A R D F E N C E 8 ' - 0 " 2" x 4 " CE D A R 2" x 6 " CE D A R 1" x 4 " CE D A R 3/ 4 " C E D A R FE N C E P I C K E T S #1 2 x 1 -1/ 2 " F L A T HE A D S E L F TA P P I N G S C R E W S SI T 6 " A P A R T O N CE N T E R O F P L A T E ON 2 " x 6 " C E D A R TA R P 1/ 8 " 1 -1/ 2 " A L U M I N U M P L A T E ON T O P O F T A R P 1 -3/ 8 " S T E E L TU B I N G 1' -0" O N C E N T E R T Y P . EN D C L A M P T Y P . 20 " x 1 " B O L T NU T 2" x 2 " S Q U A R E T U B U L A R R A I L 1 5 / 8 " R O U N D T U B U L A R R A I L 1/ 4 " -20 " x 1 " B O L T ST E E L C L A M P EN D C L A M P 20 " x 1 " B O L T 1 5 / 8 " R O U N D T U B U L A R R A I L NU T 2" x 2 " S Q U A R E T U B U L A R S U P P O R T S 1 3 / 8 " R O U N D T U B U L A R S U P P O R T S 1/ 4 " x 2 " x 6 " U -BO L T AT 1 8 " I N T E R V A L S AD D I T I O N A L T A R P S T R A P D E T A I L IN T E R V A L S O F 2 ' -0" BO L T GR O M M E T GR O M M E T TA R P 1 -5/ 8 " & 1 -3/ 8 " RO U N D TU B I N G TA R P WA R P S AR O U N D 1 -5/ 8 " & 1 -3/ 8 " TU B I N G NU T TA R P S T R A P NU T U -BOLT 1 -3/ 8 " T U B I N G SQUARE TUBING NUT ST E E L PL A T E ScaleDateNEAL MORRIS 316 QUAIL CREST DRIVE COLLEYVILLE, TX 76034 As indicated 8/28/2018 9:55:40 PM A1.30ELEVATIONS AND DETAILSMORRIS & McCOY FAMILY PARKING AREA 08.26.18 1 / 2 " = 1 ' - 0 " 1 EA S T E L E V A T I O N 1 / 2 " = 1 ' - 0 " 2 NO R T H E L E V A T I O N 3 " = 1 ' - 0 " 3 TA R P A N D S T E E L T U B U L A R CO N N E C T O R 6 " = 1 ' - 0 " 4 TY P I C A L C O N N E C T O R S 6 " = 1 ' - 0 " 5 PE R I M E T E R C O N N E C T I O N Ca r p o r t E l e v a t i o n s a n d D e t a i l s Ph o t o s P r o v i d e d b y A p p l i c a n t Ph o t o s P r o v i d e d b y A p p l i c a n t Ph o t o s P r o v i d e d b y A p p l i c a n t Ph o t o s P r o v i d e d b y A p p l i c a n t Ph o t o s T a k e n b y S t a f f Ph o t o s T a k e n b y S t a f f Ph o t o s T a k e n b y S t a f f Ph o t o s T a k e n b y S t a f f Ph o t o s T a k e n b y S t a f f Ph o t o s T a k e n b y S t a f f Ph o t o s T a k e n b y S t a f f Ph o t o s T a k e n b y S t a f f Ph o t o s T a k e n b y S t a f f Q U A I L R U N Q U A I L C R E S T D R I V E O A K B R I A R L A N E RAVE N COURT WO O D BR IAR LAN E F A L C O N C O U R T WOOD BRIA R COURT M E A D O W L A R K L A N E 3604 313 501417 408 409 400 404 300 504 509 409 408 400 212 421 316 412 3500 413 308 504 401 500 3516 312 501 3504 417 3505 505 505 304 401 3609 3509 413 413 309 3513 404 408 3612 3508 3517 3605416 412 401 3608 400 412 404 405 500 501 3512 508420 405 416 Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-032 KSubject Property 500ft Buffer Properties within 500ft Properties Outside the City Lim it 316 Quail Crest Drive Owner Name Owner Address Owner City Owner Zip Situs Address TRAVIS, MARSHALL 501 WOODBRIAR LN COLLEYVILLE, TX 76034 501 WOODBRIAR LN DELACRUZ, RANDOLPH 417 WOODBRIAR ST COLLEYVILLE, TX 76034 417 WOODBRIAR CT DEGUIRE, DENNIS 409 FALCON CT COLLEYVILLE, TX 76034 409 FALCON CT PURSLEY, MARK L 400 QUAIL CREST DR COLLEYVILLE, TX 76034 400 QUAIL CREST DR KIMBROUGH, HOWARD D 404 QUAIL CREST DR COLLEYVILLE, TX 76034 404 QUAIL CREST DR CARLSON, SCOTT A 300 QUAIL RUN COLLEYVILLE, TX 76034 300 QUAIL RUN CATHARINA W REIMANN FAM TRUST 409 QUAIL CREST DR BEDFORD, TX 76021 409 QUAIL CREST DR SANCIBRIAN, KEVIN M 408 FALCON CT COLLEYVILLE, TX 76034 408 FALCON CT LEUNG, MING CHIU 400 FALCON CT COLLEYVILLE, TX 76034 400 FALCON CT HILDEBRANDT, GARY L 421 WOODBRIAR CT COLLEYVILLE, TX 76034 421 WOODBRIAR CT MORRIS, NEAL 316 QUAIL CREST DR COLLEYVILLE, TX 76034 316 QUAIL CREST DR HAWKES, ROBERT W 3500 MEADOWLARK LN COLLEYVILLE, TX 76034 3500 MEADOWLARK LN DAVIS, AARON J 413 QUAIL CREST DR BEDFORD, TX 76021 413 QUAIL CREST DR OWENS, ADAM 308 QUAIL CREST DR COLLEYVILLE, TX 76034 308 QUAIL CREST DR UMBREWICZ, JANUSZ 401 FALCON CT COLLEYVILLE, TX 76034 401 FALCON CT DAILY, ADAM 500 QUAILCREST DR COLLEYVILLE, TX 76034 500 QUAIL CREST DR CONWAY, JUDITH CATHERINE 3516 MEADOWLARK LN COLLEYVILLE, TX 76034 3516 MEADOWLARK LN EVANS, BILLY W 312 QUAIL CREST DR COLLEYVILLE, TX 76034 312 QUAIL CREST DR GORDON, JEANNE 501 RAVEN CT COLLEYVILLE, TX 76034 501 RAVEN CT BREWER, ROYCE N 3504 MEADOWLARK LN COLLEYVILLE, TX 76034 3504 MEADOWLARK LN CASTRO, ALBERT J 417 FALCON CT COLLEYVILLE, TX 76034 417 FALCON CT GRISSO, TERANCE 3505 MEADOWLARK LN COLLEYVILLE, TX 76034 3505 MEADOWLARK LN SPRAGINS, CHRISTINA 304 QUAIL CREST DR COLLEYVILLE, TX 76034 304 QUAIL CREST DR GRAMMER, BETTy 3509 MEADOWLARK LN COLLEYVILLE, TX 76034 3509 MEADOWLARK LN HOLBERT, GUY D 413 FALCON CT COLLEYVILLE, TX 76034 413 FALCON CT REYNOLDS, ERNEST E 413 WOODBRIAR CT COLLEYVILLE, TX 76034 413 WOODBRIAR CT HPA TEXAS SUB 2016-2 LLC 180 N STETSON AVE STE 3650 CHICAGO, IL 60601 3513 MEADOWLARK LN BIELSS, GEORGE 404 FALCON CT COLLEYVILLE, TX 76034 404 FALCON CT LEWIS, DAVID C 408 QUAIL CREST DR COLLEYVILLE, TX 76034 408 QUAIL CREST DR GORUP, FRANK ANTHONY 3508 MEADOWLARK LN COLLEYVILLE, TX 76034 3508 MEADOWLARK LN DOSS, EMMETT L 3517 MEADOWLARK LN COLLEYVILLE, TX 76034 3517 MEADOWLARK LN VAN SICKLE, MARK D 412 FALCON CT COLLEYVILLE, TX 76034 412 FALCON CT RAINS, RUSSELL R 401 WOODBRIAR CT COLLEYVILLE, TX 76034 401 WOODBRIAR CT MILES, MARCUS 412 QUAIL CREST DR COLLEYVILLE, TX 76034 412 QUAIL CREST DR BURGERT, HAROLD C 405 WOODBRIAR CT COLLEYVILLE, TX 76034 405 WOODBRIAR CT SCOTT, WILLIAM G 500 RAVEN CT COLLEYVILLE, TX 76034 500 RAVEN CT DAVIS, OSBORNE 501 QUAIL CREST DR COLLEYVILLE, TX 76034 501 QUAIL CREST DR MUNO, TERRY L 3512 MEADOWLARK LN COLLEYVILLE, TX 76034 3512 MEADOWLARK LN MUNSON, DEBORAH 420 FALCON CT COLLEYVILLE, TX 76034 420 FALCON CT CLAY, WILLIAM C 405 FALCON CT COLLEYVILLE, TX 76034 405 FALCON CT GANN, ROCKY H 416 FALCON CT COLLEYVILLE, TX 76034 416 FALCON CT QUAIL CREST ESTATES 408 FALCON COURT COLLEYVILLE, TX 76034 COURTESY NOTICE WOODBRIAR ESTATES ADDITION 3700 SWEETBRIAR COLLEYVILLE, TX 76034 COURTESY NOTICE HURST EULESS BEDFORD ISD 1849 CENTRAL DR BEDFORD, TX 76022 STATE REQUIRED CITY OF BEDFORD 2000 FOREST RIDGE DRIVE BEDFORD, TX 76021 COURTESY NOTICE MORRIS, NEAL 316 QUAIL CREST DR COLLEYVILLE, TX 76034 APPLICANT Public hearing notices were mailed out October 26, 2018 by Araceli Botello Notification List NOTICE OF PUBLIC HEARING Zoning Case Number: ZC18-032 Applicant: Neal and Joyce Morris Owner: Neal and Joyce Morris Location: 316 Quail Crest Drive Property Description: Lot 16, Block 2, of the Quail Crest Estates Addition Present Zoning: R-15 Single Family Residential Request: Consideration of Special Use Permit for the carport on Lot 16, Block 2, of the Quail Crest Estates Addition. The purpose is to allow for an existing carport to remain on the property. The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Planning and Zoning Commission Meeting: Tuesday, November 13 , 2018 at 7:00 p.m. City Council Meetings: Tuesday, December 4, 2018 & Tuesday, December 18, 2018 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a writte n notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Ma in Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/government/departments -a-l/community-development/active-development-cases. For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com 1 $UDFHOL%RWHOOR 6XEMHFW):&DVH=& From:markpursley Sent:Saturday,September29,201812:21PM To:BenBryner<BBryner@colleyville.com>;JackieReyff<JReyff@colleyville.com>;CalebTandy <CTandy@colleyville.com>;EddieWilson<EWilson@colleyville.com>;JerryDucay<JDucay@colleyville.com>;Mark Wood<MWood@colleyville.com>;AdrienneLothery<alothery@colleyville.com>;RaySilvaͲReyes <RSilvareyes@colleyville.com>;RobertMckeown<rmckeown@colleyville.com>;RaySilvaͲReyes <RSilvareyes@colleyville.com>;RobertSauceda<RSauceda@colleyville.com>;TaylorSchauwecker <TSchauwecker@colleyville.com> Subject:Case#ZC18Ͳ032 To:CityofColleyvilleDevelopmentReviewCommittee RE:Case#ZC18Ͳ032 InreferencetoCase#ZC18Ͳ032anapplicationforSUPforacarportbuiltandlocatedat316QuailCrestDrive, hasbeenpresentedtoyouforyourreviewforcompliance.Howevertheapplicationinmyviewcouldbe misleadinginandofthematerialfacts.Pleaseconsidermyobservationsinyourreview. xTotalsquarefootofthestructureisunderstated xThepropertydoeshaveagarage,thegaragedoorhasbeenreplacedwithFrenchdoors(theycouldbe removedandreplacedwithastandardgaragedoor) xAportionofthe“parkingarea”isdescribedasusingexistingfencesattheperimeter.Thesefences becomethesupportingstructurefortheroofofthecarport.Idonotthinktheapplicanthasexclusive controlofthefences,andhasnotobtainedpermissionfromthethreeneighborstousethefencesas supportingstructureforthetarproof. xThestructure“abutsthehouse”,thereforeattachedpercitycode xApprovalforeasementencroachmentisreferenced,howeverallsetbackrequirementsforR15zoning isomitted xThesteelroofframeisdescribedashaving“unencumberedaccess”isnotexactlytrue xThe“steelframing”isreferencedtohavegussets.Thereferencedgussetsareeithermissingorperhaps thereisnotanunderstandingofagusset. xThelotcoverageexceedstheR15coveragebyanamountequaltoabouthalfofthemaximum accessorybuildingsizeoraboutseventyfivepercentofthemaximumcarport. xTheapplicantunderstatesthelotcoveragebyanamountequaltomosthomesaccessorybuildingsize inanR15zone. xItistruethatthestructureisbehindthehouse,howeveritismisleadingthatitisenclosedwithan eightfootfence.Theroofissupportedbythefence,andthefencehasbecomethestructure.This rooforcarportisjustmetalpolesspanningthetopsoffenceswithatarpstretchedacross. ObservationincontrasttotheCarportrequirementspercode xSize–480sq/ftmaximumexceededbyover3xthesize xSize–24ftmaximumlengthexceededbyover2x xSetbackrequirementforR15–notobserved,builttopropertylineontherearandside xRoofpitchminimum2:12–roofpitchisabout¼oftheminimum1:24or1:19nearflat xPost–nonesupportedbyafence,noneofthefencepostmeetanyoftherequirement Letter of Opposition 2 oTheapplicantdoesnothaveexclusivecontrolofallofthesupportingfences xAdequacyofPlansandSpecifications:percode“Saidplansandspecificationsshallcontainsufficient informationtoallowtheCityCounciltodeterminethattheproposedcarportcomplieswiththese regulations”–itdoesnot ThankYou MarkPursley Letter of Opposition ORDINANCE O-18-xxxx AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 16, BLOCK 2, OF THE QUAIL QUEST ESTATES ADDITION, LOCATED AT 316 QUAIL QUEST DRIVE, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT TO EXCEED THE MAXIMUM SIZE, ENCROACH INTO THE SIDE PROPERTY LINE, AND CONSTRUCTED WITH ALTERNATE MATERIALS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for a carport to exceed the maximum size, encroach into the side property line, and constructed with alternate materials Case No. ZC18-032; 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 Ordinance O-18-xxxx Page 2 of 4 Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a carport to exceed the maximum size, encroach into the side property line, and being constructed with alternate materials on the lot on Lot 16, Block 2, of the Quail Quest Estates Addition, located at 316 Quail Quest Drive, as depicted on the attached as Exhibit “A”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the carport structure as depicted in Exhibit “B” Site Plan, Exhibit “C” Elevations, Exhibit “D” Photos Taken by Staff. b. All requirements of the Land Development Code shall be met, except where amended herein. Ordinance O-18-xxxx Page 3 of 4 Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of December 2018. The second reading and public hearing being conducted on the 18th day of December 2018. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 18th day of December 2018. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____ Place 1, Tammy Nakamura Place 5, Chuck Kelley ____ Place 3, Kathy Wheat Place 6, Callie Rigney ____ Place 4, George Dodson Ordinance O-18-xxxx Page 4 of 4 ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Site Plan Exhibit “C” – Elevations Exhibit “D” – Photos Taken by Staff City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2c Agenda Date 11/13/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from R-10 Single Family Residential district to R-20 Single Family Residential district on Tracts 6A & 6A2, Abstract 1203, in the Peterson Pate Survey, located at 713 Field Street, Case ZC18-034 Explanation Mark Paine, the applicant, has submitted a request for a zoning change from the R-10 Single Family Residential district to the R-20 Single Family Residential district on Lots 1 & 2, Block A, Park View Estate, being approximately 1.175 acres. The purpose of the request is to allow for development of two single-family residential lots. Existing Conditions/Background: The subject property, 713 Field Street, resides on the south side of Field Street and is zoned R-10 Single Family Residential district. The property currently is developed with an existing home on west side of the property. The property has had R-10 zoning dating from at least 1970 and since that time the zoning has not changed. Proposed Zoning: Request – The applicant requests to rezone the property from R-10 to R-20 for the creation of two (2) single-family residential lots. The development covers a total of 1.175 acres. The minimum standards for the R-20 zoning district are as follows: Minimum Lot Size: 20,000 square feet Minimum Lot Width: 100 feet Minimum Lot Depth: 125 feet Front Building Line: 30 feet Side Building Line: 10 feet Rear Building Line: 25 feet Maximum Lot Coverage: 30 percent Analysis: The requested rezoning allows the applicant to develop the lot to the east in a manner complementary to the neighborhoods surrounding it as well as bring both lots into compliance with the City’s comprehensive plan. Planning and Zoning Commission Agenda Briefing 2c City of Colleyville Page 2 The exhibit provided is the minor plat exhibit, which was approved at Staff level and has been recorded. Surrounding Development: The properties to the south are zoned R-20 and are developed with single-family residential structures. Properties to the north and west have R-10 zoning and have developed with single-family residential structures. The properties to the east have PUD-R zoning and are developed with single-family residential structures. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for single-family residential development. The proposed R-20 does not conflict with any portion of the comprehensive plan. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date, no correspondence has been received. Staff Recommendation: Staff recommends approval for the applicant’s request based on the following findings: 1.The proposed zoning meets the intent of the residential designation assigned in the Destination Colleyville comprehensive plan. 2.The R-20 zoning continues the R-20 zoning districts around the subject property and is similar to the development pattern already established. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Zoning Exhibit 5.Photos Taken by Staff 6.Notification Map 7.Notification List 8.Property Owner Notification 9.Draft Ordinance PL E A S A N T R U N R O A D CASA LANE S O U T H D R I V E VERANDA L A N E EUDALY DRIVE FIELD STREET REGINA COURT COLLEYVILLE TER THOMAS STREET C E N T R A L D R I V E HILLSIDE ROAD 800 50 815 5405 611 605 824 82 94 516 516 825 601 512 5513 612 700 613 804 98 80 5300 708 705 81 513 704 608 609 713 821511 700 805 608 513 85 77 48 5312 516 513 608 600 600 613 700 515 517 512 816 5405 612 508 813 96 87 5201 715711 515 701 808 5412 609 812 604 5320 79 94 704 517 601 705 713 5505 5309 817 5201 712 5508605 600 809 94 38 811 812 612 92 704 801 820 512 613 53 26 813 5226 812 806 5313 705 612 704 700 716 709 820 5310 613 5509 600 701 800 70 828 601 608 609 603 5217 709 604 705 616 814 1000701 90 601 805 605 83 76 816 800 5412 805 708 509 35 100 804 5408 804 813 102 512 808 604 809 604 5301 5201 713 605 803 817 607 701 616 801 714 35 100 802 702 Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. K Subject Property ZC18-034 713 Field Street SO U T H D R I V E REGINA COURT FIELD STREET EUDALY DRIVE T HOMAS STREET CENTRAL DRIVE R-10 AG CN R-20 PUD-R CN 815 611 824 825 613 5300 708 705 704 609 713 821 700 805 608 613 816 612 813 715711 701 5412 609 604 5320 705 713 817 712 5508605 809 811 812 612 820 5226 812 806 704 700 716 820 5310 613 5509701 828 608 603 709 705 814 605 816 800 5412 805 804 5408 804 813 808 604 5201 713 605 803 817 607 701 616 801 714 802 Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. K Subject Property ZC18-034 713 Field Street PL E A S A N T R U N R O A D CASA LANE S O U T H D R I V E VERANDA L A N E EUDALY DRIVE FIELD STREET REGINA COURT COLLEYVILLE TER THOMAS STREET C E N T R A L D R I V E HILLSIDE ROAD 800 50 815 5405 611 605 824 82 94 516 516 825 601 512 5513 612 700 613 804 98 80 5300 708 705 81 513 704 608 609 713 821511 700 805 608 513 85 77 48 5312 516 513 608 600 600 613 700 515 517 512 816 5405 612 508 813 96 87 5201 715711 515 701 808 5412 609 812 604 5320 79 94 704 517 601 705 713 5505 5309 817 5201 712 5508605 600 809 94 38 811 812 612 92 704 801 820 512 613 53 26 813 5226 812 806 5313 705 612 704 700 716 709 820 5310 613 5509 600 701 800 70 828 601 608 609 603 5217 709 604 705 616 814 1000701 90 601 805 605 83 76 816 800 5412 805 708 509 35 100 804 5408 804 813 102 512 808 604 809 604 5301 5201 713 605 803 817 607 701 616 801 714 35 100 802 702 Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. KSubject Property Residential Colleyville Blvd Corridor Open Space; Parks ZC18-034 713 Field Street 18297MINOR PLAT 111 Hillside Drive Lewisville, Texas 75057 972. 436. 9712(DBA, G&A McAdams)201 Country View Drive Roanoke, Texas 76262 940. 240. 1012 TBPE: 19762 TBPLS: 10194440 www.gacon.com www.mcadamsco.comThe John R. McAdams Company, Inc.PROJECT SITE ” Zo n i n g E x h i b i t Ph o t o s T a k e n b y S t a f f Ph o t o s T a k e n b y S t a f f Ph o t o s T a k e n b y S t a f f Ph o t o s T a k e n b y S t a f f BR A N S F O R D R O A D MAIN STREET C O T T A G E L A N E S O U T H D R I V E PL E A S A N T R U N R O A D V I L L A G E L A N E VERANDA LANE REGINA COURTFIELD STREET EUDALY DRIVE COLLEYVILLE TER THOMAS STREET C E N T R A L D R I V E HILLSIDE ROAD 513 800 50 815 5405 611 605 824 516 516 503 825601 512 5513 612 700 613 804 98 508 508 80 17 5300 807 708 705 5314 513 505 704 608 609 501 809 713 5112 821511 700 805 405 608 701 513 85 48 5312 516 513 608 600 600 613 700 515 517 5316 512 816 5405 612 508 813 96 87 5201 715711 515 701 500 505 808 5412 504 609 812 604 5320 417 704 504 509 517 5318 601 84 705 705 713 5505 5309 817 5201 712 5508605 600 809 94 38 501 504 509 811 812 500 501 612 92 704 88 801 820 811 512 613 53 601 813 5226 812 806 5609 408 5313 705 612 704 700 716 500 500 709 820 5310 613 5509 600 701 800 505 70 501 828 601 608 609 603 5217 509 709 604 705 616 814 5701 1000701 90 601 805 605 504 816 800 5412 805 505 708 509 3450 804405 404 5408 804 813 33 102 609 512 808 604 508 805 809 604 53015201 801613 713 605 803 817 607 505 701 803 616 801 714 85 5109 100 404 5604 5608 56125608 802 702 Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. K Subject Property 500ft Buffer Properties within 500ft ZC18-034 713 Field Street Owner Name Owner Address Owner City Owner Zip Situs Address GROFFMAN, STEVEN 815 CENTRAL DR COLLEYVILLE, TX 76034 815 CENTRAL DR BENNETT, LORI 611 FIELD ST COLLEYVILLE, TX 76034 611 FIELD ST KELLOGG, MICHAEL 824 REGINA CT COLLEYVILLE, TX 76034 824 REGINA CT FADDEN, MARK S 825 REGINA CT COLLEYVILLE, TX 76034 825 REGINA CT GARCIA, ANNETTE PO BOX 1466 COLLEYVILLE, TX 76034 613 EUDALY DR PICKENS, ROSEMARY 708 THOMAS ST COLLEYVILLE, TX 76034 708 THOMAS ST HENIGSMITH, CECIL 705 THOMAS ST COLLEYVILLE, TX 76034 705 THOMAS ST LAIBLY, CATHEY 704 EUDALY DR COLLEYVILLE, TX 76034 704 EUDALY DR ROEDER, C E EST 713 FIELD ST COLLEYVILLE, TX 76034 713 FIELD ST CARDINI, CHRISTOPHER 821 REGINA CT COLLEYVILLE, TX 76034 821 REGINA CT MAX, RICHARD W 700 FIELD ST COLLEYVILLE, TX 76034 700 FIELD ST ROEMING, BRANTON F 805 THOMAS ST COLLEYVILLE, TX 76034 805 THOMAS ST DIQUINZIO, LORRAINE H 608 EUDALY DR COLLEYVILLE, TX 76034 608 EUDALY DR CHANDLER, TOM LOUIS 613 FIELD ST COLLEYVILLE, TX 76034 613 FIELD ST LALA, MARLENE 816 CENTRAL DR COLLEYVILLE, TX 76034 816 CENTRAL DR WESCOAT, BRYAN S 804 COLLEYVILLE TERR COLLEYVILLE, TX 76034 612 EUDALY DR KIM & DEBORAH SHELTON TRUST 813 REGINA CT COLLEYVILLE, TX 76034 813 REGINA CT BANKS, JAMES 715 CENTRAL DR COLLEYVILLE, TX 76034 715 CENTRAL DR HALEY, JASON B 711 CENTRAL DR COLLEYVILLE, TX 76034 711 CENTRAL DR MCNARY PROPERTIES 1230 BROWN TR STE 107 BEDFORD, TX 76022 701 EUDALY DR MOORE, KAREN JEAN PO BOX 694 COLLEYVILLE, TX 76034 5412 SOUTH DR GARCIA, ANNETTE PO BOX 1466 COLLEYVILLE, TX 76034 609 EUDALY DR BERNTSEN, JACQUELINE 604 FIELD ST COLLEYVILLE, TX 76034 604 FIELD ST DS & RS PROPERTIES LLC 2421 ARBOR GATE LN COLLEYVILLE, TX 76034 5320 Pleasant Run RD BLOODGOOD, CORNELIA 705 HILLSIDE RD COLLEYVILLE, TX 76034 705 HILLSIDE RD WILLIAMSON, PENNY S 713 THOMAS ST COLLEYVILLE, TX 76034 713 THOMAS ST CHACKO, RAIBU 817 REGINA CT COLLEYVILLE, TX 76034 817 REGINA CT BRUNKEN, JOHN E. JR. 7204 BELLE MEADE DR COLLEYVILLE, TX 76034 712 CENTRAL DR TUMPAK, SCOTT 809 REGINA CT COLLEYVILLE, TX 76034 809 REGINA CT YOUNG, CLINT 811 CENTRAL DR COLLEYVILLE, TX 76034 811 CENTRAL DR ALLEN, WALTRAUD 5600 MIRAMAR LN COLLEYVILLE, TX 76034 812 CENTRAL DR THOMAS MONROE PROPERTIES PO BOX 806 COLLEYVILLE, TX 76034 612 FIELD ST GARRETT, RUSSELL W 820 REGINA CT COLLEYVILLE, TX 76034 820 REGINA CT D & V WALKER PROPERTIES LLC 5501 NORMANDY DR COLLEYVILLE, TX 76034 5226 PLEASANT RUN RD HAMPTON, GEORGE 812 REGINA CT COLLEYVILLE, TX 76034 812 REGINA CT HASELTINE, MARILYN L 704 FIELD ST COLLEYVILLE, TX 76034 704 FIELD ST VENABLE, CLAUDE W 700 EUDALY DR COLLEYVILLE, TX 76034 700 EUDALY DR MISKO, SUSAN R 716 CENTRAL DR COLLEYVILLE, TX 76034 716 CENTRAL DR CLARKE PRODUCTS INC 820 CENTRAL DR COLLEYVILLE, TX 76034 820 CENTRAL DR PASCHAL, JEFFERY 613 HILLSIDE RD COLLEYVILLE, TX 76034 613 HILLSIDE RD HARRIS, FRANK H 5509 SOUTH DR COLLEYVILLE, TX 76034 5509 SOUTH DR 2021VECO LLC 6406 CUTTER RIDGE CT COLLEYVILLE, TX 76034 701 HILLSIDE RD GRIFFIN, TIMOTHY S 828 REGINA CT COLLEYVILLE, TX 76034 828 REGINA CT PAYNE, KAREN M 608 FIELD ST COLLEYVILLE, TX 76034 608 FIELD ST MHOLTSCLAW REALTY LLC 3505 DEERWOOD CT RICHARDSON, TX 75082 603 FIELD ST WILLIAMSON, LAWRENCE 709 THOMAS ST COLLEYVILLE, TX 76034 709 THOMAS ST GONZALES, ANDREW J 603 SCENIC DR IRVING, TX 75039 705 EUDALY DR MCDONALD, CEACY SAMANTHA 814 CENTRAL DR COLLEYVILLE, TX 76034 814 CENTRAL DR VANDOR, CSABA 605 EUDALY DR COLLEYVILLE, TX 76034 605 EUDALY DR BELL, MICHAEL W 308 HARWOOD RD BEDFORD, TX 76021 816 REGINA CT MITCHELL, JEWELL O 800 THOMAS ST COLLEYVILLE, TX 76034 800 THOMAS ST CRANDALL, BRUCE 5412 PLEASANT RUN RD COLLEYVILLE, TX 76034 5412 PLEASANT RUN RD BOWMAN, DAVID 805 REGINA CT COLLEYVILLE, TX 76034 805 REGINA CT WARNER, RICHARD D 5408 SOUTH DR COLLEYVILLE, TX 76034 5408 SOUTH DR DEFREECE, MICHAEL 8903 DOUGLAS CT OMAHA, NE 68114 804 REGINA CT GABLE, MICHAEL 813 CENTRAL DR COLLEYVILLE, TX 76034 813 CENTRAL DR HUNKINS, RALPH H 808 REGINA CT COLLEYVILLE, TX 76034 808 REGINA CT COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 5201 BRANSFORD RD TURNER, CHRISTINE 713 CENTRAL DR COLLEYVILLE, TX 76034 713 CENTRAL DR RAINES, ESTHER DELEON 605 FIELD ST COLLEYVILLE, TX 76034 605 FIELD ST GRACIA, MACEDONIO 803 THOMAS ST COLLEYVILLE, TX 76034 803 THOMAS ST FIGUEROA FAMILY REVOCABLE TRUS 817 CENTRAL DR COLLEYVILLE, TX 76034 817 CENTRAL DR HIRSCH, JOACHIM 607 FIELD ST COLLEYVILLE, TX 76034 607 FIELD ST TIPTON, CAROL A 701 FIELD ST COLLEYVILLE, TX 76034 701 FIELD ST GARCIA, JOHN 616 EUDALY DR COLLEYVILLE, TX 76034 616 EUDALY DR TRAPHAGAN, CHAS K 801 THOMAS ST COLLEYVILLE, TX 76034 801 THOMAS ST REYNOLDS, GILES 714 CENTRAL DR COLLEYVILLE, TX 76034 714 CENTRAL DR COLLEYVILLE HEIGHTS 825 REGINA COURT COLLEYVILLE, TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED PAINE, MARK 201 COUNTRY VIEW DRIVE ROANOKE, TX 76262 APPLICANT Public hearing notices were mailed on October 26, 2018 by Araceli Botello Notification List NOTICE OF PUBLIC HEARING Zoning Case Number: ZC18-034 Applicant: Mark Paine Owner: Don Welch Location: 713 Field Street Property Description: Tracts 6A & 6A2, Abstract 1203, in the Peterson Pate Survey Present Zoning: R-10 Single Family Residential Request: Consideration of a zoning change from R-10 Single Family Residential district to R-20 Single Family Residential district. The purpose is to rezone the property from R-10 to R-20 in order to better match the existing and proposed lots sizes for 2 single-family residential lots. The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Planning and Zoning Commission Meeting: Tuesday, November 13, 2018 at 7:00 p.m. City Council Meetings: Tuesday, December 4, 2018 & Tuesday, December 18, 2018 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the requ est. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hear ing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Ma in Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/government/departments -a-l/community-development/active-development-cases. For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Principal Planner jreyff@colleyville.com ORDINANCE O-18-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 1.175 ACRES, ON LOTS 1 & 2, BLOCK A, PARK VIEW ESTATE, LOCATED AT 713 FIELD STREET, FROM THE R-10 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE R-20 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC18-034; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and 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 Ordinance O-18-XXXX Page 2 of 5 Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 1.175 acres, Lots 1 & 2, Block A, Park View Estate, located at 713 Field Street, from the R-10 Single Family Residential District to the R-20 Single Family Residential district, as depicted in the attached Exhibit “A” and Exhibit “B”. 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. Ordinance O-18-XXXX Page 3 of 5 Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of December 2018. The second reading and public hearing being conducted on the 18th day of December 2018. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 18TH DAY OF DECEMBER 2018. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood _____ Place 1, Tammy Nakamura Place 5, Chuck Kelley _____ Place 2, Kathy Wheat Place 6, Callie Rigney _____ Place 4, George Dodson ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Whit Wyatt City Attorney Exhibit “A”- Zoning Map Exhibit “B”- Zoning Exhibit City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2d Agenda Date 11/13/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of a zoning change from PUD-C Planned Unit Development – Commercial district, PUD-R Planned Unit Development – Residential district, and ML Light Manufacturing district to AG Agricultural district on Lot 1A, Block 12, of the Longwood Estates at Ross Downs and Tract 1, Abstract 294 & Tract 4A3A, Abstract 591, in the Robert Chowning Survey, located at 7201 Colleyville Boulevard, Case ZC18-030 Explanation The City of Colleyville, the applicant, has submitted a request for a zoning change from PUD-C ,Planned Unit Commercial, PUD-R, Planned Unit Residential, and ML, Light Manufacturing to AG, Agricultural on Lot 1A, Block 12, of the Longwood Estates at Ross Downs and Tract 1, Abstract 294 & tract 4A3A, Abstract 591, in the Robert Chowning Survey, being approximately 8.0744 acres. The purpose is to reflect the designated open space use of the land. Existing Conditions/Background: The subject property, 7201 Colleyville Boulevard, resides on the southwest corner of the Colleyville Boulevard and the Longwood Drive intersection. The subject property has PUD-C, PUD-R and ML zoning and is currently undeveloped. The property is designated as parkland by the City of Colleyville. The property zoned PUC-C has had this zoning dating from 1993 and since that time the zoning has not changed. The property zoned ML has had this zoning dating from 1982 and since that time the zoning has not changed. The property zoned PUD-R has had this zoning dating from 1991 and since that time the zoning has not changed. Proposed Zoning: Request – The applicant requests to rezone the property from PUD-C, PUD-R and ML zoning to AG zoning. The applicant desires to maintain this property as park open space. The minimum standards for the AG zoning district are as follows: Minimum Lot Size 130,680 square feet Minimum Lot Width 200 feet Minimum Lot Depth 300 feet Front Building Line 40 feet Side Building Line 25 feet Rear Building Line 40 feet Analysis: The requested AG zoning allows the property to remain as open space the Planning and Zoning Commission Agenda Briefing 2d City of Colleyville Page 2 property has been designated by the City as park property and therefore the requested zoning change brings the land into conformance with this designation. Surrounding Development: The property to the east is located in the City of Grapevine. The property to the west is zoned PUD-C, Planned Unit Development Commercial. The properties to the north across Colleyville Boulevard and south are zoned PUD-R, Planned Unit Development Residential zoning. The lots located to the west are improved with retail and office uses. The lots located to the south are improved with single family homes. The surrounding lots to the north across Colleyville Boulevard are open space lots and part of a residential subdivision. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for park open space. The proposed AG zoning does not conflict with any portion of the comprehensive plan. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. To date staff has not received any formal responses. Staff Recommendation: Staff recommends approval of the request. The proposed zoning meets the intent of the park open space designation assigned in the Destination Colleyville comprehensive plan. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Notification Map 5.Notification List 6.Property Owner Notification 7.Draft Ordinance P O O L R O A D W I L K E S D R I V EBROADOAKWAY D A N I E L L E D R I V E C O L L E Y V I L L E B O U L E V A R D U P L A N D L A N E G L E N V I E W L A N E S T I L L P O I N T L A N E L O N G W O O D DRIVE M E A D E D R I V E Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-030 K Subject Property 7201 Colleyville Blvd P O O L R O A D W I L K E S D R I V EBROADOAKWAY D A N I E L L E D R I V E C O L L E Y V I L L E B O U L E V A R D U P L A N D L A N E G L E N V I E W L A N E S T I L L P O I N T L A N E L O N G W O O D DRIVE M E A D E D R I V E AG PU D-R ML PU D-C MLPUD-C PU D-R AG Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-030 K Subject Property Properties Outside the City Lim it 7201 Colleyville Blvd P O O L R O A D W I L K E S D R I V EBROADOAKWAY D A N I E L L E D R I V E C O L L E Y V I L L E B O U L E V A R D U P L A N D L A N E G L E N V I E W L A N E S T I L L P O I N T L A N E L O N G W O O D DRIVE M E A D E D R I V E Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-030 KSubject Property Resid ential Colleyville Blvd Corridor Ope n Space; Parks 7201 Colleyville Blvd B R O A D O A K W A Y D A N I E L L E D R I V E C OLLINS P A T H C O L L E Y V I L L E B O U L E V A R D U P L A N D L A N E G L E N V I E W L A N E W A N D E R I N G W AY S T I L L P O I N T L A N E M E A D E D R I V E L O N G W O O D DRIVE7000 6906 6905 6903 7009 7009 6907 7001 69056906 6904 6904 69047001 7109 6905 6902 6906 6901 6908 6901 7171 6904 6906 6912 2212 6902 6907 6900 6909 7008 2201 7131 69076918 6808 2216 6909 6903 6908 2213 6902 6904 6913 2301 6907 6906 7004 7398 2400 6900 6910 2417 2505 2050 6905 6911 7004 6905 6908 7005 6909 6902 2300 7005 6806 6907 7000 6914 69036915 2217 2220 7171 7009 6902 2311 7001 7101 2300 7111 6909 2200 7015 2204 7201 2325 6911 7201 6910 6802 7181 6901 6910 201 6916 2208 2306 6903 2204 Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC18-030 KSubject Property 500ft Buffer Properties within 500ft Properties Outside the City Lim it 7201 Colleyville Blvd Owner Name Owner Address Owner City Owner Zip Situs Address AGHDAM, LIDA G 6710 VINES CT COLLEYVILLE, TX 76034 7155 COLLEYVILLE BLVD GILL, DANIEL D 6903 UPLAND LN COLLEYVILLE, TX 76034 6903 UPLAND LN MOON, WOO J 7009 COLE CT COLLEYVILLE, TX 76034 7009 COLE CT BIRKENFELD, RICHARD PO BOX 93089 SOUTHLAKE, TX 76092 7001 COLEMAN CT SEATON, DAVID 6904 LONGWOOD DR COLLEYVILLE, TX 76034 6904 LONGWOOD DR GUMINSKI, GLENN G 6904 UPLAND LN COLLEYVILLE, TX 76034 6904 UPLAND LN 7165 COLLEYVILLE LLC 5650 KROGER DR FORT WORTH, TX 76244 7165 COLLEYVILLE BLVD CANTER, LARRY 6905 UPLAND LN COLLEYVILLE, TX 76034 6905 UPLAND LN BUENROSTRO, ARTURO 6902 LONGWOOD DR COLLEYVILLE, TX 76034 6902 LONGWOOD DR KUKAHI CORPORATE SOLUTIONS INC 7131 COLLEYVILLE BLVD STE 102 COLLEYVILLE, TX 76034 7155 COLLEYVILLE BLVD PRO-DIEM INC 702 LAKEHURST CT SOUTHLAKE, TX 76092 7157 COLLEYVILLE BLVD KEYES, NICHOLAS 6906 LONGWOOD DR COLLEYVILLE, TX 76034 6906 LONGWOOD DR ABEYTA, STANLEY J 6901 UPLAND LN COLLEYVILLE, TX 76034 6901 UPLAND LN PADILLA, MARCO A 6901 LONGWOOD DR COLLEYVILLE, TX 76034 6901 LONGWOOD DR J T DAVA PROPERTIES LLC PO BOX 12080 DALLAS, TX 75225 7165 COLLEYVILLE BLVD RAK PROPERTY GRUOP LLC 175 CREEKWAY BND SOUTHLAKE, TX 76092 7157 COLLEYVILLE BLVD LONGWOOD/26 LTD 8713 AIRPORT FWY STE 100 NORTH RICHLAND HILLS, T 76180 7171 COLLEYVILLE BLVD CHUN, JOHN S 6906 UPLAND LN COLLEYVILLE, TX 76034 6906 UPLAND LN CONRAD, CATHY 6902 UPLAND LN COLLEYVILLE, TX 76034 6902 UPLAND LN 7165 COLLEYVILLE LLC 5650 KROGER DR FORT WORTH, TX 76244 7165 COLLEYVILLE BLVD TOOMEY, WM C 6900 LONGWOOD DR COLLEYVILLE, TX 76034 6900 LONGWOOD DR LYNBA INC & VIKRAM JANGAM 1012 WHITTINGTON PL SOUTHLAKE, TX 76092 7157 COLLEYVILLE BLVD KRIKORIAN, GABRIEL Y 7008 COLE CT COLLEYVILLE, TX 76034 7008 COLE CT HALE EQUITY LLC 7131 COLLEYVILLE BLVD STE 101 COLLEYVILLE, TX 76034 7131 COLLEYVILLE BLVD UNIT 101 BROWN, CHRISTOPHER 6907 WANDERING WAY COLLEYVILLE, TX 76034 6907 WANDERING WAY CHAMPION STRATEGIC VENTURES LL 1312 BURGUNDY CT SOUTHLAKE, TX 76092 7167 COLLEYVILLE BLVD 7157 COLLEYVILLE LLC 115 SAM BASS RIDGE RD SOUTHLAKE, TX 76092 7157 COLLEYVILLE BLVD SHERMAN, JEFFREY F 6909 UPLAND LN COLLEYVILLE, TX 76034 6909 UPLAND LN SANDADI, PRAVEEN 7416 STONEY POINT DR PLANO, TX 75025 7155 COLLEYVILLE BLVD BARTKOWSKI, JENNIFER K 6908 UPLAND LN COLLEYVILLE, TX 76034 6908 UPLAND LN BOYETT, PAIGE 6907 LONGWOOD DR COLLEYVILLE, TX 76034 6907 LONGWOOD DR GROSS, SAMUEL CRIS 2309 DANIELLE DR COLLEYVILLE, TX 76034 2309 DANIELLE DR SYRING, MICHAEL 2305 DANIELLE DR COLLEYVILLE, TX 76034 2305 DANIELLE DR REGIONAL RAIL ROW CO PO BOX 660163 DALLAS, TX 75266 7398 COLLEYVILLE BLVD PALLAI, RAVI 6900 UPLAND LN COLLEYVILLE, TX 76034 6900 UPLAND LN FORD, PHYLLIS 7167 COLLEYVILLE BLVD STE 101 COLLEYVILLE, TX 76034 7167 COLLEYVILLE BLVD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 2505 BROADOAK WAY LITTON, JAMES 2321 DANIELLE DR COLLEYVILLE, TX 76034 2321 DANIELLE DR ERNSPIGER, RICHARD K 2313 DANIELLE DR COLLEYVILLE, TX 76034 2313 DANIELLE DR WOEHRLE, ADRIENNE LYNN 2001 PRESCOTT CT BEDFORD, TX 76021 7155 COLLEYVILLE BLVD SALLEE, HELEN LENHAN 6905 LONGWOOD DR COLLEYVILLE, TX 76034 6905 LONGWOOD DR PRMJRM LLC 3045 PONDER PATH KELLER, TX 76248 7167 COLLEYVILLE BLVD CHAMPION STRATEGIC VENTURES LL 1312 BURGUNDY CT SOUTHLAKE, TX 76092 7167 COLLEYVILLE BLVD 7165 COLLEYVILLE LLC 5650 KROGER DR FORT WORTH, TX 76244 7165 COLLEYVILLE BLVD WEXLER, MALAISHA A 7004 COLE CT COLLEYVILLE, TX 76034 7004 COLE CT ROGERS, JASON T 7005 COLEMAN CT COLLEYVILLE, TX 76034 7005 COLEMAN CT LEE, DARREN M 7005 COLE CT COLLEYVILLE, TX 76034 7005 COLE CT CONAN, PIERRE 2317 DANIELLE DR COLLEYVILLE, TX 76034 2317 DANIELLE DR KOCH, MATTHEW P 6907 UPLAND LN COLLEYVILLE, TX 76034 6907 UPLAND LN MARR, DAVID G 7000 COLE CT COLLEYVILLE, TX 76034 7000 COLE CT LONGWOOD PLAZA PARTNERS LP 1901 N AKARD ST DALLAS, TX 75201 7171 COLLEYVILLE BLVD BHATLA, RAVINDER N 7009 COLEMAN CT COLLEYVILLE, TX 76034 7009 COLEMAN CT WHITE, C R 7001 COLE CT COLLEYVILLE, TX 76034 7001 COLE CT OVERTON, MICHAEL S 6909 WANDERING WAY COLLEYVILLE, TX 76034 6909 WANDERING WAY COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 7201 COLLEYVILLE BLVD GUIRGUIS, NANCY ANN 2325 DANIELLE DR COLLEYVILLE, TX 76034 2325 DANIELLE DR KOETTING, JAKE 6911 WANDERING WAY COLLEYVILLE, TX 76034 6911 WANDERING WAY COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE, TX 76034 7201 COLLEYVILLE BLVD BURKHARDT, RONALD D 6910 UPLAND LN COLLEYVILLE, TX 76034 6910 UPLAND LN LONGWOOD DRIVE PARTNERS LP 11511 ROSSER RD DALLAS, TX 75229 7181 COLLEYVILLE BLVD TIMARRON GOLF CLUB INC 3030 L B J FWY STE 600 DALLAS, TX 75234 201 E CONTINENTAL BLVD BLAXTON, MATHEW 6903 LONGWOOD DR COLLEYVILLE, TX 76034 6903 LONGWOOD DR ROSS DOWNS ESTATES 4113 GATEWAY DRIVE #100 COLLEYVILLE, TX 76034 COURTESY NOTICE TIMARRON VILLAGE H-COLYVLE 700 WENTWOOD DRIVE SOUTHLAKE, TX 76092 COURTESY NOTICE TIMARRON-CASCADES AT TIMARRON 700 WENTWOOD DRIVE SOUTHLAKE, TX 76092 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED CITY OF GRAPEVINE P.O. BOX 95104 GRAPEVINE, TX 76099 COURTESY NOTICE CITY OF COLLEYVILLE 100 MAIN ST COLLEYVILLE, TX 76034 APPLICANT Public hearing notices were mailed October 26, 2018 by Araceli Botello Notification List NOTICE OF PUBLIC HEARING Zoning Case Number: ZC18-030 Applicant: City of Colleyville Owner: City of Colleyville Location: 7201 Colleyville Blvd Property Description: Lot 1A, Block 12, of the Longwood Estates at Ross Downs and Tract 1, Abstract 294 & Tract 4A3A, Abstract 591, in the Robert Chowning Survey Present Zoning: PUD-C Planned Unit Development – Commercial, PUD-R Planned Unit Development – Residential, and ML Light Manufacturing Request: Consideration of a zoning change from PUD-C Planned Unit Development – Commercial district, PUD-R Planned Unit Development – Residential district, and ML Light Manufacturing district to AG Agricultural district. The purpose is to rezone the property from PUD-C, PUD-R, and ML to AG in order to reflect the designated open space. The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Planning and Zoning Commission Meeting: Tuesday, November 13, 2018 at 7:00 p.m. City Council Meetings: Tuesday, December 4, 2018 & Tuesday, December 18, 2018 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas. A brief project description can be found online on the Active Development Case map: https://www.colleyville.com/government/departments-a-l/community-development/active-development-cases. For additional information, please contact the Community Development Department at 817.503.1052. Please reference the zoning case number when requesting information. Ben Bryner Director of Community Development - bbryner@colleyville.com ORDINANCE O-18-XXXX AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 8.0744 ACRES, LOT 1A, BLOCK 12, OF THE LONGWOOD ESTATES AT ROSS DOWNS AND TRACT 1, ABSTRACT 294 & TRACT 4A3A, ABSTRACT 591, IN THE ROBERT CHOWNING SURVEY LOCATED AT 7201 COLLEYVILLE BOULEVARD, FROM THE PUD-C PLANNED DEVELOPMENT COMMERCIAL DISTRICT, PUD-R PLANNED DEVELOPMENT RESIDENTIAL DISTRICT, AND ML LIGHT MANUFACTURING DISTRICT TO THE AG AGRICULTURAL DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Colleyville has initiated an application for rezoning under Case ZC18-030; and WHEREAS,the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS,the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS,the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; and to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance O-18-XXXX Page 2 of 5 WHEREAS,the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 8.0744 acres, Lot 1A, Block 12, of the Longwood Estates at Ross Downs and Tract 1, Abstract 294 & tract 4A3A, Abstract 591, in the Robert Chowning Survey, located at 7201 Colleyville Boulevard, from PUD-C Planned Unit Development Commercial, PUD-R Planned Unit Development Residential and ML Light Manufacturing to AG Agricultural district, as depicted in the attached Exhibit “A”. 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 Ordinance O-18-XXXX Page 3 of 5 unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 4th day of December 2018. The second reading and public hearing being conducted on the 18th day of December 2018. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 18TH DAY OF DECEMBER 2018. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood _____ Place 1, Tammy Nakamura Place 5, Nancy Coplen _____ Place 2, Kathy Wheat Place 6, Mike Taylor _____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor Ordinance O-18-XXXX Page 4 of 5 APPROVED AS TO FORM AND LEGALITY: Whit Wyatt City Attorney Exhibit “A”- Zoning Map R40 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2e Agenda Date 11/13/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of amendments to Chapter 2 – Definitions and Chapter 3 – Land Use in the Land Development Code, specifically to “Short Term Home Rental”, TABLED FROM THE OCTOBER 8, 2018 PLANNING AND ZONING COMMISSION MEETING Explanation Staff proposes amendments to Chapter 2 – Definitions, Chapter 3 Land Use, and Table 3.24.B Schedule of Permitted Uses of the Land Development Code, by adding the “Short Term Home Rental” use. Background. The City Council has expressed a desire to restrict “short term home rentals” in single-family residential areas within the city. These uses tend to operate through entities like Air BnB and VRBO and they generally allow for the rental of a home on a short term basis like a weekend or even just a night. Several complaints have been made regarding noise, an increase in traffic, and an increase in trash. The City Council heard a presentation from Staff, during a worksession on July 17, 2018. At the worksession, direction was given to staff to propose amendments to the Land Development Code. Purpose. The purpose is to review the proposed amendments to the LDC that would restrict shirt term home rental in residential areas. Staff reviewed cities in Texas with regulations for comparison: Planning and Zoning Commission Agenda Briefing 2e City of Colleyville Page 2 Grapevine, Texas Prohibits all Short Term Rentals Proposed Amendments. Based on the City Council's direction, staff reviewed the LDC as well as a review of cities around Colleyville. It is suggested to include the following definition of short term home rental: Short Term Home Rental. The rental of all, or any portion of, a dwelling or accessory building for compensation for the purpose of overnight lodging for a period of not less than one night and not more than 30 consecutive days, other than an ongoing month- to-month tenancy granted to the same renter as their primary residence. The term shall not include a hotel or bed and breakfast lawfully operating with a current certificate of occupancy issued for such use. In addition to the definition, Staff is proposing to restrict “Short Term Home Rentals” from single-family residential districts. The following changes to the Schedule of Permitted Principal Uses to be proposed are: Require a Specific Use Permit in the following districts; RD Two Family Residential, R- MF Multi-Family Residential, and MH Mobile Home. Staff Recommendation: Staff recommends approval of the amendments. The proposed amendments would restrict short term home rental in residential areas of the City. Recommendation Approve Attachments 1.Draft Ordinance - Amending LDC re Short Term Rentals (STRs) 2.Property Rental in Colleyville 3.Grapevine Ordinance 4.Southlake Ordinance ORDINANCE NO. O-18-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 2, SECTION 2.5 “DEFINITIONS OF THE LAND DEVELOPMENT CODE”, ADDING A DEFINITION FOR “SHORT TERM HOME RENTAL”; AMENDING THE LAND DEVELOPMENT CODE, CHAPTER 3 “LAND USE”, TABLE 3.24.B “SCHEDULE OF PERMITTED USES”, BY ADDING “SHORT TERM HOME RENTAL” UNDER RESIDENTIAL ACCOMMODATION USES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR A VIOLATION OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the short term home rental of a property in the City of Colleyville; with its attendant traffic, parking, noise, liter and the influx of non-residents into residential areas is incompatible with the intent of residential districts in the City and the desires and expectations of the City’s residents and is contrary to the long- standing character of the community; and WHEREAS,the short term home rental in residential areas of the City poses a risk of increased traffic, noise, public nuisances, disruption of neighborhoods, and additional enforcement related issues; 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 add language defining short term home rental within the Land Development Code; and WHEREAS,the Planning and Zoning Commission and the City Council have found that the characteristics of short term home rentals are such that the public interest, safety and general welfare are best served with the prohibition of such short term home rentals within residential districts. 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, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in the Ordinance O-18-XXXX Page 2 of 3 Land Development Code of the City of Colleyville should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT Chapter 2, Section 2.5 “Definitions of the Land Development Code” of the City of Colleyville is hereby amended to add a definition for “Short Term Home Rental” to read, in relevant part, as follows: “… Shrubs. Woody plants which grow vertically in a multi- branched pattern. Short Term Home Rental. The rental of all, or any portion of, a dwelling or accessory building for compensation for the purpose of overnight lodging for a period of not less than one night and not more than 30 consecutive days, other than an ongoing month-to-month tenancy granted to the same renter as their primary residence. The term shall not include a hotel or bed and breakfast lawfully operating with a current certificate of occupancy issued for such use. …” Sec. 3.THAT the Land Development Code of the City of Colleyville, Texas, Chapter 3 “Land Use”, Table 3.24.B “Schedule of Permitted Uses” is hereby amended to read, in relevant part, as depicted in the attached Exhibit “A”, by adding “Short Term Home Rental” to the list of uses in the category of “Residential Accommodation Uses”, with nothing marked within the Residential Cells of AH through R-15 and the Non-Residential Cells CPO through ML to indicate the use is not allowed within those districts, as depicted in the attached Exhibit “A”. Sec. 4.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same Ordinance O-18-XXXX Page 3 of 3 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. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT this Ordinance shall become effective immediately upon passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2018. The second reading and public hearing being conducted on the day of 2018. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE DAY OF 2018. Mayor Richard Newton Mayor Pro Tem Bobby Lindamood _____ Place 1, Tammy Nakamura Place 5, Chuck Kelley _____ Place 3, Kathy Wheat Place 6, Callie Rigney _____ Place 4, George Dodson ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Richard Newton City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Ordinance O-18-XXXX Page 4 of 3 Whitt L. Wyatt City Attorney 7.20.18 Draft TM101189 Exhibit “A”- Amendments to Table 3.24.B - Schedule of Permitted Uses Table 3.24.B- - Schedule of Permitted Principal Uses Residential District Non-Residential DistrictsLand Use Classification AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Special Land Use Standards or Section Ref. Parking Group A. RESIDENTIAL ACCOMMODATION USES … Private (HOA) Recreational Facilities P P P P P P P P 9 5 Short Term Home Rental S S S n.a.25 … Property Rental in Colleyville City Council Worksession TBD 2018 Flow Chart: Current Situation Rental of an entire single-family property Allowed if rental is for another single- family use Rental of an accessory structure (no stove/oven) Rental of an accessory structure “dwelling unit” (with stove/oven) Rental of a single bedroom in a single-family home Not allowed; use by single-family occupant only Not allowed; accessory dwelling units only permitted by SUP for family or care-takers Bed & Breakfast Not currently regulated; has been allowed in practice Allowed with SUP (25% or less of home)** * No current ordinance on long or short term rental properties as long as the entire property is being leased or rented ** B&B definition could benefit from updating to make regulation easier (not many people identify themselves as a “tourist lodging service”) Local Regulation Overview •The short term rental (STR) market is growing rapidly. The DFW metro experienced an approximately 40% increase in the number of short term rental (STR) listings over the past year. The Austin and Houston metro areas were even higher. •In 2017, the Texas Legislature considered a bill to prohibit cities from regulating STRs in the last legislative session. The measure ultimately failed by a narrow margin. •Several Texas cities have recently discussed and/or passed stand-alone ordinances specifically defining and regulating STRs. City Regulation Comparison CITY ADOPTED REGULATION Austin, Texas*Comprehensive Short Term Rental Licensing, Limits or Prohibits Units by Location & Hotel Occupancy Taxes Houston, Texas Incorporated into the Hotel and Motel Ordinance, Building/Housing Standards Apply & Hotel Occupancy Taxes Coppell, Texas Comprehensive Short Term Rental Licensing, Requires Inspections, C.O.’s & Hotel Occupancy Taxes Ft. Worth, Texas Prohibits Short Term Rentals Less than 30 Days in All Zoning Districts (underground market continues to grow) New Braunfels, Texas Comprehensive Short Term Rental Licensing, Prohibited in Residential Areas Altogether. Southlake, Texas Prohibits all Short Term Rentals Galveston, Texas Limited to Registration and Hotel Occupancy Taxes * City of Austin is involved in a lawsuit brought by homeowners challenging the city’s regulations. The Texas Attorney General joined the suit on the side of homeowners. Local Regulation Categories General Moderate Strict •License + Fees •Noise Regs •Parking Regs •Taxes •C.O. Required •Limit Occupants •Limit Density •Limit Location •Inspections Main Regulation Categories •Licensing Regulations •C.O. Requirements •Zoning (Area and Density Restrictions) •Restrictions on Number of Occupants •Noise and Parking Regulations •Fire Safety Requirements •Rental Unit Inspections Level of Local Regulation by Category Options •Maintain current regulations and enforce existing rules for issues such as noise, parking, etc… •Amend current bed and breakfast/hotel regulations to address STRs •Adopt a stand-alone ordinance regulating STRs (i.e., general, moderate, or strict ordinance) ORDINANCE NO. 2018-065 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ADOPTING A NEW ARTICLE VI TO CHAPTER 14 OF THE CODE OF ORDINANCES REGARDING SINGLE-FAMILY DWELLING TRANSIENT RENTALS; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is authorized to adopt and enforce ordinances necessary to protect health, life, and property to preserve good government and the security of its inhabitants; and WHEREAS, the City of Grapevine has adopted a comprehensive Zoning Ordinance to regulate the location and use of buildings and land in full accordance with Chapter 211 of the Local Government Code; and WHEREAS, single-family dwelling transient rentals have been identified in the City's Zoning Ordinance since at least April 18, 2000, with the adoption of Ordinance No. 2000-47; and WHEREAS, single-family dwelling transient rentals are not currently listed as a permitted use in any Zoning District within the City; and WHEREAS, there has been a proliferation of single-family dwelling transient rentals within residential areas of the City; and WHEREAS, single-family dwelling transient rentals do not fit in or fall under the definition of single-family attached dwelling or single-family detached dwelling under the Zoning Ordinance; and WHEREAS, single-family dwelling transient rentals are not consistent with the character or nature of single-family residential uses under the Zoning Ordinance; and WHEREAS, single-family dwelling transient rentals are not suitable in residential neighborhoods, are not compatible with residential uses, and the neighborhood adjacency of single-family dwelling transient rentals in residential neighborhoods is harmful; and WHEREAS, in the absence of being listed as a permitted use in any Zoning District, single-family dwelling transient rentals are prohibited under the City's Zoning Ordinance; and WHEREAS, single-family dwelling transient rentals in the City of Grapevine, with their attendant traffic, parking, noise, litter, and the influx of non-residents into residential areas is incompatible with the intent of residential districts in the City and the desires and expectations of the City's residents and is contrary to the long-standing character of the community; and WHEREAS, single-family dwelling transient rentals in residential areas of the City pose a risk of increased public nuisances, disruption of neighborhoods, and additional enforcement related issues; and WHEREAS, the City's Police Department has responded to multiple calls for service at known addresses of single-family dwelling transient rentals in residential areas of the City; and WHEREAS, the calls for service attributable to single-family dwelling transient rentals in residential areas of the City include noise, parking, and disturbance complaints; and WHEREAS, the increase in calls for service attributable to single-family dwelling transient rentals in residential areas of the City result in an additional burden on the Police Department; and WHEREAS, the City of Grapevine City Council has determined that it is a necessity to regulate activities as provided for herein to safeguard the public; and WHEREAS, the City of Grapevine is authorized by law to adopt the provisions contained herein; and WHEREAS, the City Council of the City of Grapevine deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, the City Council is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance, including but not limited to the Open Meetings Act. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That a new Article VI to Chapter 14 is hereby adopted and added to the Code of Ordinances as follows: Ordinance No. 2018-065 2 ARTICLE VI. SINGLE-FAMILY DWELLING TRANSIENT RENTALS 14-150 - Definitions Single-family dwelling transient rental—The rental or offer for rental of any dwelling or any portion of a dwelling for a period of less than 30 days. Rental —The renting, bartering, trading, letting or otherwise allowing the use of a dwelling or room or rooms within a dwelling for compensation. This shall not restrict, limit or interfere with any homeowner from participating in a leaseback upon the sale of a dwelling. Leaseback—An arrangement where the seller of a home leases the home back from the purchaser. In a leaseback arrangement, the specifics of the arrangements are typically made prior or immediately after the sale of the home. 14-151 - Single-family Dwelling Transient Rentals Prohibited All single-family dwelling transient rentals are hereby prohibited and unlawful within the City of Grapevine." Section 3. That City staff is hereby directed to proceed with a notice and enforcement initiative as to single-family dwelling transient rentals. Section 4. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty, nolo contendere, or dismissal. Section 5. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed finro thousand dollars ($2,000.00)and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 6. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity,which remaining portions shall remain in full force and effect. Section 7. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. Ordinance No. 2018-065 3 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 4th day of September, 2018. APPROVED: Mayo William D. Tate ATTEST O GRAP F, 2 G i i m W x a Tara Brooks y City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 2018-065 4 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 2f Agenda Date 11/13/2018 Number Type Public Hearing Agenda Items Department Community Development Title Consideration of amendments to the Land Development Code, specifically Chapter 5 – Tree Preservation Explanation The City Council had instructed staff to review and propose amendments to each chapter within the City's Land Development Code (LDC). City staff has already reviewed the attached chapters with the City Council at a recent worksession meeting. The process for adopting amendments to the LDC include formal review and recommendation by the Planning and Zoning Commission followed by formal review and approval by the City Council. The attached chapters are a continuation of the formal adoption process. Any remaining chapters will be brought forward over the next several months until the entire Land Development Code has been reviewed. Parks & Recreation Advisory Board: At their October 8th Meeting, the City's Urban Forester discussed the proposed changes to Chapter 5. The Board members were in support of the changes. Recommendation Approve Attachments 1.Ch. 05 Tree Preservation - Existing Regulations 2.Ch. 05 Tree Preservation DRAFT Revisions Chapter 5 Tree Preservation (10/6/2014) Section 5.1 Purpose of This Chapter The intent of this Chapter is to encourage site planning which furthers the preservation of trees and natural areas; to protect trees during construction; to facilitate site design and construction which contribute to the long term viability of existing trees; and to control the removal of trees when necessary. It is the further intent of this Chapter to achieve the following broader objectives: Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of the City. Protect and increase the value of residential and commercial properties within the City. Prohibit the indiscriminate clear cutting of property. Section 5.2 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This Chapter is also adopted under the authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 5.3 Variances and Appeals Except where provided in this chapter, any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 – General Provisions of this Land Development Code. Section 5.4 Definitions Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land Development Code. Section 5.5 Tree Removal Permit No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy through damaging the roots, trunk or canopy, any tree situated on property regulated by this Chapter without first obtaining a tree removal permit, unless otherwise exempted by the provisions of this Chapter. Section 5.6 Applicability The terms and provisions of this Chapter shall apply to real properties, persons and trees as follows: Page 5-1 A. Properties which are regulated by this Chapter: 1. Any real property upon which any protected tree is located. 2. All municipal / public domain property. Section 5.7 Permit and Fee Requirements The Administrative Official is responsible for the review and approval or disapproval of all requests for tree removal permits. The request shall be submitted in accordance with the requirements specified herein. A. Tree Removal Permit: A request for a tree removal permit must be submitted and approved prior to the removal of any tree. Where any tree is slated for removal, no site grading, dirt disturbance or new construction may occur on the property until a tree removal permit has been issued. B. Fees: All tree removal permits shall be accompanied by a check made payable to the City of Colleyville per the following schedule: 1. The resident of a single family home removing all or a portion of a tree which exists on the lot of record on which the single family home is built:………no fee required. Exception: For properties larger than two acres in size, if more than five protected trees are removed as part of a tree removal permit, the administrative official may require payment of a fee per sub-section two below only if the Administrative Official determines an intent to “clear cut” the property as described in Section 5.10(A)1b. 2. All other properties including rights-of-way:…….$50.00, plus $25.00 per protected tree on the property, right-of-way, or development site. For residential subdivisions, the entire subdivision shall be considered the development site. Upon application submittal, the total number of protected trees on the site, including exempted areas, shall be indicated on the application form in order to determine the fee, which shall be paid at the time of submittal. If, upon review of the application and/or tree preservation plan, it is determined that the amount of protected trees tallied is incorrect, the difference in the fee calculation shall be paid, or refunded, prior to the issuance of the tree removal permit. Section 5.8 Submittal Requirements for Tree Removal Permits Any tree removal permit request that requires the removal of a protected tree shall be accompanied by a tree preservation plan. As determined by the Administrative Official, tree removal permit applications that require no fee as listed in Section 5.7(B) above or require the removal of a minimal amount of trees on existing developed properties or within existing rights-of- way may not require a complete tree preservation plan and may only require a description of the trees to be removed showing a limited portion of a site or right of way may be based on an exhibit showing only that portion of the site. A. TREE PRESERVATION PLAN – Note: a tree preservation plan shall be submitted with a tree removal permit application form including payment of the required fee. The items required on a tree preservation plan shall, at a minimum, include the following: 1. Title Block: includes street address; legal description (lot and block, subdivision name); date or revised date, north arrow; graphic (and written) scale; name, address, telephone number of owner and of person preparing the exhibit. Page 5-2 2. Location of all existing or proposed structures, improvements and site uses including pavement and landscaping, setback, easements and service connections, all properly dimensioned and referenced to property lines, 3. Existing and proposed site elevations, grades and major contours. Construction details of permanent grade changes around all trees. 4. Location of trunks, canopies and species of all existing protected trees, graphically differentiating between the trees to remain and those to be removed. A plus (+) character shall indicate trunk location and concentric circle shall indicate the size and canopy configuration. All protected trees shall be assigned a unique number classification. 5. Proposed general areas or locations of the replacement trees. 6. Locations of all critical root zones as defined in Chapter 2 – Definitions. Additionally, tree information required shall be summarized in tabular form on the mitigation table in a format matching the example below and shall include: 7. The detailed list of trees to be removed including the classification number, exempt or non-exempt status, and whether the tree is to be saved or removed. 8. The total diameter of trees to be removed. 9. Replacement trees listed by species name, quantity, size and total diameter required for replacement of trees. (See Section 5.15 for replacement tree list.) 10. The tree preservation plan must be prepared and sealed by a registered landscape architect in the State of Texas. Example of Tree Survey and Mitigation Table to Be Inserted on Preservation Plan Tree Species Number of Trees on Site Total Caliper Inches Number of Exempt Trees Removed Caliper Inches Exempt to be Removed Number of Non- Exempt Trees Removed Caliper Inches Non- Exempt to be Removed Replacement Trees to be Planted (3" Caliper) Red Oak 12 108 3 42 1 12 4 Post Oak 35 350 18 168 2 24 8 Cedar 10 89 1 12 0 0 0 Pecan 5 75 0 0 5 75 25 TOTAL 62 622 22 222 8 111 37 B. Permit Validity: Permits for tree removal issued in connection with a building permit, subdivision plat and site plan shall be valid for the period of that plat’s, building permit's or site plan's validity. Permits for tree removal not issued in connection with a building permit, subdivision or a site plan shall become void thirty (30) days after the issue date on the permit. C. Timing of Submittal: The tree preservation plan shall be submitted as follows: 1. New subdivisions that include new streets and/or significant public improvements – submitted on or before the subdivision plat application submittal. Page 5-3 2. New commercial construction – submitted on or before the submittal of the required administrative site plan application. 3. New home construction on existing platted lots – submitted on or before the building permit application submittal. 4. All other situations – as required by the Administrative Official. D. Construction Plan Notations - The following notes shall be required to be shown on all construction plans: 1. All trees shown on this plan to be preserved shall be protected during construction with temporary fencing. Tree protection fences shall be installed prior to the commencement of any site preparation work (clearing, grubbing or grading). 2. Fences shall completely surround the tree or clusters of trees. The fence shall be located at the outermost limits of the tree branches or critical root zone. The fence will be maintained throughout the construction project in order to prevent the following. a. Soil compaction in the critical root zone resulting from vehicular traffic or storage of equipment or materials. b. Critical root zone disturbances due to grade changes greater than two inches (2”) cut or fill or boring which was not authorized by the City. c. Wounds to the trunk, limbs or exposed roots by mechanical equipment. d. Other activities detrimental to trees such as chemical storage, cement truck cleaning, and fires. 3. In cases of area constraints where the protective fence is closer to the trunk than four feet (4’), the trunk must be protected with strapped-on planking to a height of eight feet (8’) or to the limits of the lower branching. 4. All grading within critical root zones of protected trees shall be performed by hand or small equipment to minimize damage. Prior to grading, relocate the protective fencing to two feet (2’) behind the grade change area. 5. Trees most heavily impacted by construction activities should be watered deeply once a week during periods of hot and dry weather. Tree crowns should be sprayed with water periodically to reduce dust accumulation on the leaves. 6. Trenching for landscape irrigation shall be located as far from the existing trunks as possible. 7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take place before construction begins. Section 5.9 Minimum Tree Preservation Requirements A. Whenever a new residential subdivision plat is submitted for review, the Planning and Zoning Commission may evaluate whether an alternate street layout and grading plan which complies with all City subdivision standards would result in substantially greater compliance with the minimum tree preservation requirements of this section. In the event Page 5-4 such an alternate layout is determined by the Commission to be a reasonable use of the land then the applicant may substitute said alternative plan without being required to submit a new plat application. If, however, the applicant does not substitute said alternate layout or another acceptable plat to the Commission, failure of the applicant to do so shall be a basis for denial of the applicant's plat application. B. Minimum Existing Tree Preservation Requirements: When any new construction occurs, there shall be a minimum number of trees protected on the property. For new residential subdivisions, the entire boundary of the subdivision shall be considered as one property for the purpose of this section. The chart below shall be used to determine the minimum protection requirements: Existing Tree Coverage Preservation Requirements: Percentage of existing protected canopy tree coverage Minimum percentage of the existing protected canopy tree coverage to be preserved 0% – 20% 70% 20.1 – 40% 60% 40.1% - 60% 50% 60.1% - 80% 40% 80.1% - 100% 30% For the purpose of this section, canopy coverage shall be calculated based on the formula for the area of a circle with the individual tree radii equaling the diameter inches of the trunk of each protected tree measured at 4.5 feet above the base of the tree where it meets the ground. This calculation method may apply to developments approved, but not finaled, prior to October 6, 2014. Protected trees located within any of the exempted areas specified in Section 5.10(B) below may be credited toward the minimum existing preservation coverage requirements in the above table such that no more than 50% of the existing protected trees may be credited within an exempt area. NOTE: The minimum preservation coverage requirements listed above shall not be eligible for mitigation as described in Section 5.12. C. Exemption Provisions for Preserving Native Tree Stands: Given the requirements of Section B above, as an incentive for preserving groups of native trees in place, a development may be exempted from the mitigation requirements of Section 5.12. The purpose of the exemption would be to reward a more context sensitive approach in preserving native tree clusters such that the root systems of the trees to be preserved are not disturbed and the tree clusters left in their natural condition. In order to meet this exemption, the development must meet the following conditions: 1. The preservation area(s) shall, at a minimum, meet the requirements of Section B above with the following exception: the 50% credit provision shall not apply to the exemption provisions of this section; 2. The proposed preservation area(s) shall be identified on the tree preservation plan; 3. A minimum of 80% of the trees identified within the preservation area on the plan shall be regionally native trees, not classified as exempt, with emphasis given to native oak species; 4. Where possible, preserved trees should be grouped together with as few detached, designated preservation areas on the tree preservation plan as possible; 5. Final approval of the exemption provisions of this section shall be required by the Administrative Official. If approved, notwithstanding the requirements of Section D below, then all trees not located within a preservation area on the tree preservation Page 5-5 plan shall be classified as exempt from the mitigation provisions of Section 5.12 and the protection provisions of this chapter. 6. Approved preservation areas shall contain a perimeter fence, meeting the requirements of this chapter, around the entire preservation area until the development construction receives approval of a final inspection from the City. Said fence shall be placed a minimum of five feet from the outside edge of the drip line of any tree within said area. No earthwork, vehicle and equipment storage, or encroachments of any kind are permitted within the preservation area. No undergrowth shall be removed from a preservation area. D. Preservation of Heritage Trees: Heritage Trees, as defined in Chapter 2 - Definitions, may not be classified as exempted trees, regardless of whether or not they are located in any exempted area. Section 5.10 Exempt and Non-Exempt Provisions A. Exempted Persons 1. Exempted Persons: The following persons are exempt from the provisions of this Chapter only to the extent of their control over the particular class of properties and trees described below. Persons exempt from these provisions shall not be required to obtain tree removal permits. a. An employee of the City of Colleyville, a public utility or an authorized contractor working in a dedicated public right-of way may in the course of business, may remove or prune that portion of a tree which prohibits the safe construction, repair or maintenance of a service line or facility. b. The resident of a single family home may remove all or a portion of a tree which exists on the lot of record on which the single family home is built. Exception: For properties larger than two acres in size, if more than five protected trees are removed as part of a tree removal permit, the administrative official may require the resident to comply with the mitigation and preservation provisions of this chapter if it is deemed that an attempt to “clear-cut” all or a portion of the property in being made where no new accessory building, pool, building addition or other similar construction, not involving a principal permitted use, is being proposed as part of a submitted active building permit application. Any decision of the Administrative Official may be appealed per the provisions in Section 5.13. As it relates to this sub-section only, any appeal request shall not require payment of an application fee and said request shall be scheduled on the next available meeting. c. A property owner or his authorized contractor, employee or tenant may remove a tree which has become severely diseased or damaged to the extent that it is beyond the point of recovery or is in danger of falling, as determined by the Administrative Official. d. All landscape nurserymen shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the nursery premises which are planted and grown for the sale or intended sale to the general public. e. Any person may remove all or a portion of a tree which has disrupted a public utility service due to tornado, storm, flood, or other act of God, but only that portion of the tree which is necessary to safely restore normal utility service. Page 5-6 f. The following persons shall be exempt from the tree replacement provisions of this Chapter. However, such persons shall provide tree protection and replacements as per this Chapter for all remaining trees in non-exempt areas. (1) A person performing work authorized by a building permit in the residential buildable area (building setback envelope). (2) A person performing work authorized by an approved site plan in the commercial building footprint. (3) A person performing work authorized by the approved grading and drainage plan in the residential setback envelope as part of the construction of a new subdivision only. (4) An employee of the City of Colleyville and a public utility. Persons specifically performing work on a public improvement as part of a new subdivision plat or a separate dedication instrument in a dedicated public right-of-way, drainage or utility easement are hereby exempt. For the purpose of this sub-section, public improvements shall include any drainage facilities, utilities or streets/sidewalks/trails. Fences, gates and open space amenities are not considered public improvements. B. Exempted Areas 1. New Residential Subdivisions that include public or private street dedications: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Rights-of-way of newly dedicated streets; lots containing private streets. b. Easements, only where new public improvements or facilities are being constructed c. Residential setback envelope d. Residential driveway: Note: this area may only be declared exempt by the City Council in a situation where no reasonable alternative driveway placement exists on the property such that protected trees may be avoided. The City Council determination process shall be through the submittal of an appeal request. As it relates to this sub-section only, any appeal request shall not require payment of an application fee and said request shall be scheduled on the next available meeting. 2. Existing Platted Residential Lots and New Residential Subdivisions with no new public or private street Dedications: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Residential setback envelope b. Residential driveway: Note: this area may only be declared exempt by the City Council in a situation where no reasonable alternative driveway placement exists on the property such that protected trees may be avoided. The City Council determination process shall be through the submittal of an appeal request. As it relates to this sub-section only, any appeal request shall not require payment of Page 5-7 an application fee and said request shall be scheduled on the next available meeting. 3. Platted Commercial/Institutional Lots: Except where noted above, the following areas shall be exempt from the tree preservation requirements of this chapter: a. Trees located within the new commercial/institutional building footprint and any tree located within five feet of said building footprint. C. Exempted Tree Species 1. Exempted Tree Species: The following tree species shall be exempt from the tree preservation requirements of this chapter: a. Mesquite b. Hackberry c. Chinese Tallow d. Cottonwood Trees under 18 inches in diameter width e. Cedar trees (Cupressaceae family) - Exceptions: Any species of cedar utilized for required landscape screening as required by the Land Development Code or the provisions of any other City ordinance and/or conditional variance shall not be considered as exempt. Additionally, any Eastern Red Cedar planted as a replacement tree per the provisions of this chapter shall not be considered as exempt. Otherwise, any eastern red cedar that does not meet the above exceptions shall be considered exempt only if the tree is less than 13 inches in diameter width. f. Other regionally non-native tree species not listed on the tree replacement list in Section 5.14 and as determined by the Administrative Official based on the written recommendation of a certified arborist and/or landscape architect contracted or employed by the City. Said written recommendation shall kept on file in the appropriate development records for the property for which the determination is made. Section 5.11 Tree Protection A major purpose of this Chapter is to protect all trees which are not removed and to allow approved construction to occur. The following procedures shall apply to all types of construction projects, public and private, which involve development around trees. The following procedures are deemed appropriate in the situations noted; however, unique circumstances may allow modifications if deemed necessary by the Administrative Official. A. Prohibited Activities: The following activities shall be prohibited with the limits of the critical root zone of any tree which is subject to the requirements of this Chapter. 1. Material Storage: No materials intended for use in construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any tree. Page 5-8 2. Equipment Cleaning / liquid disposal: No equipment may be cleaned or other liquids deposited within the limits of the critical root zone of a tree. This would include but not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. 3. Tree Attachments: No signs, wires or other attachments, other than those of a protective nature shall be attached to any tree. 4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is allowed within the limits of the critical root zone of trees. B. Pre-Construction: The ensuing procedures shall be followed prior to construction. 1. Tree Flagging: All trees to be removed from the construction site shall be flagged with bright red vinyl tape wrapped around the main trunk at a height of four feet (4’) or more such that the tape is visible to workers on foot or driving equipment. 2. Tree Identification: All protected trees shall be tagged with the unique classification number described in Section 5.8. Said number shall correspond to the number listed on the tree protection plan and shall be clearly visible and legible on a metallic surface located between four and five feet above the base of the tree. The classification number shall remain on the tree until all construction is complete and final approval has been obtained by the City. 3. Protective Fencing: All protected trees shall have protective fencing located at the tree’s critical root zone. The protective fencing shall be comprised of orange vinyl construction fencing, with a minimum of four-foot (4’) approximate height. The protective fencing may be located within the critical root zone of the specimen tree for approved construction only as determined by the Administrative Official. The fencing shall follow the delineation of the approved construction. In order to protect the trunk, the trunks of all protected trees shall be wrapped with orange vinyl construction fencing such that the trunk will be easily visible during construction activities. 4. Bark Protection: in situations where a tree remains in the immediate area of intended construction, the tree shall be protected by enclosing the entire circumference of the tree's trunk with lumber encircled with wire or other means that does not damage the tree. 5. Construction Pruning: In a case where a low hanging limb may be broken during the course of construction, the obtrusive limb may be cut. The limb shall be cut either flush to the trunk on or at the next joint of the limb. The wound shall then be sealed with pruning paint. In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of the entire canopy without the Administrative Official's prior approval. 6. Site Signage: Prior to, and during, construction activities, a sign(s), clearly visible from any adjacent roadways, shall be placed by the developer stating the following: “All trees located within an orange fenced area are considered protected. To report any tree protection violations, please contact (phone number designated by the Administrative Official)”. The Administrative Official may require the addition of more specific contact information to the sign. Lettering shall be a minimum of 8 inches in height, shall be legible and able to be read from a passing vehicle on any adjacent roadway. The sign dimensions shall, at a minimum, be five feet in width and height, The overall sign height shall be a minimum of eight (8) feet in height measured from the ground to the top of the sign. The sign colors shall be as follows: lettering shall be black, the sign background shall be fluorescent green. Page 5-9 C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that trees slated for preservation have some encroachment on their critical root zone, as defined in Chapter 2 - Definitions. The following is the minimum design criteria, which is allowed within the critical root zone of a tree. Development exceeding the criteria would put the tree at risk and therefore no longer be considered a preserved tree. In such a case replacement trees shall also be required. 1. Grade Changes: In the event that grade changes must be made around a tree or group of trees, the following shall be implemented in order to maintain oxygen and water exchange within the tree's critical root zone. a. A minimum of seventy-five percent (75%) of the critical root zone must be preserved at natural grade with natural ground cover or landscaping for the tree to be considered a preserved tree. b. No cut or fill greater than two inches (2”) shall be located closer to the tree trunk than one half (1/2) of the radius of the critical root zone radius distance. c. Increase Grade: Provide an aeration system just outside the tree's critical root zone. A dry well located a minimum of one-half (1/2) of the radius of the critical root zone. d. Decrease Grade: Provide retaining walls outside the critical root zone to mitigate cuts. 2. Boring of Utilities: May be permitted under protected trees in certain circumstances. The minimum length of the bore shall be the width of the tree's canopy and shall be a minimum depth of forty-eight inches (48”). 3. Trenching: irrigation systems shall be designed to avoid trenching across the critical root zone of any tree. 4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree may be covered with impervious paving. The pavement and the cut and fill for the pavement is to not exceed one-half (1/2) of the critical root zone radius distance. D. Special Designated Tree Protection Areas by Other Ordinances and Plats: Any specifically classified tree, landscape or other similar type of classification that prescribes that trees and/or existing landscaping shall be protected within a specifically defined area as a condition of a zoning ordinance such as PUD or SUP, variance and/or plat shall, at a minimum, meet the following provisions: 1. During any construction activities, said area shall be completely contained within a fenced area meeting the tagging and fencing requirements for tree protection in this chapter. 2. Unless authorized as part of the original approving language for said area, or where another code requirement applies to the maintenance and upkeep of high grass, weeds and other related nuisances, no trees, landscaping, soil or vegetation of any kind may be removed, or otherwise disturbed, within said area and no construction of any kind may occur except 3. Unless noted as part of the original approving language for said area, the exemption provisions for the resident of a single family home shall apply regarding the provisions of this section. Page 5-10 Section 5.12 Mitigation Requirements Any protected tree which is six inches (6”) or greater that is removed, destroyed or more than 50% damaged and does not meet the exemption provisions of this chapter shall be mitigated per the requirements of this section. In the event that the loss of a protected tree requires mitigation, the party responsible for mitigation shall either replace the protected tree(s) by planting new trees, pay a mitigation fee or a combination of both. For the purpose of this Chapter, trees removed within any City right-of-way or other City owned property by anyone not exempted by the provisions of this chapter shall be mitigated per the requirements of this section and other applicable City ordinances. The mitigation authorized by this section is not meant to supplant good site planning. Tree replacement will be considered only after all design alternatives which could save more existing trees have been evaluated. A. Mitigation Through Planting New Replacement Trees: A sufficient number and diameter of replacement trees shall be planted in order to equal the total diameter inches or fraction thereof of trees six inches (6”) or greater and slated for removal. 1. All medium and large, and palm replacement trees shall be a minimum of six inches (6”) diameter when measured one foot (1’) above the soil line and a minimum of 12 feet in height when planted. All screening and ornamental trees shall be a minimum of three inches (3”) diameter when measured one foot (1’) above the soil line and a minimum of eight (8) feet in height when planted. Examples- a. A total of 18” diameter to be removed shall be replaced with 3 – 6” diameter medium, large or palm trees. b. A total of 18” diameter to be removed shall be replaced with 6 – 3” diameter screening and ornamental trees. 2. All replacement trees shall be a species listed on the replacement tree list and guaranteed for three years from the date of the final inspection and acceptance of the project. In instances where a replacement tree satisfies a landscaping requirement as regulated in Chapter 4-Landscaping and Buffering, then said tree shall be maintained per the provisions of Chapter 4. 3. The location of replacement trees is restricted from utility easements and rights-of- way. The location shall not be in an area such that the mature canopy of the tree will interfere with overhead utility lines. No trees shall be planted within ten feet (10’) of a fire hydrant. 4. Replacement trees should be planted on the site from which existing trees are to be removed. If this is not feasible, an applicant may initiate a proposal to plant trees off- site. This may be approved if the planting site is no more than one-half mile from the site where the original trees were removed. a. Replacement trees shall be planted prior to the issuance of the Certificate of Occupancy or project release. Optimum planting times do not always correspond to project completion. For that reason, replacem ent tree plantings may take place after the project is released by the City; provided, that before project release, a fiscal security is posted in the amount equal to the prevailing rate for installed trees with a three (3) year guarantee, plus fifteen percent (15%) to cover administrative cost. Page 5-11 b. A minimum of 75 percent of all replacement trees planted as part of the required mitigation for a development under the provisions of this section shall be classified as a medium and large tree as listed on the replacement tree list B. Mitigation Through Payment of Fee: A monetary fee of $250.00 per diameter inch of the tree(s) removed or damaged shall be assessed and paid to the City of Colleyville. All mitigation fees shall be deposited into the City’s Tree Preservation Fund. All funds shall be paid prior to the final approval and/or issuance of the Certificate of Occupancy. C. Mitigation of Heritage Trees: Heritage Trees, as defined in Chapter 2 – Definitions and noted in Section 5.8: 1. A monetary fee of $500.00 per diameter inch of the Heritage Tree removed or damaged shall be assessed and paid to the City of Colleyville and deposited into the City’s Tree Preservation Fund. All funds shall be paid prior to the final approval and/or issuance of the Certificate of Occupancy. or; 2. If replacement trees are to be planted, the total amount of replacement inches to be planted shall be in an amount that is twice the diameter inches of the Heritage Tree(s) removed and shall, otherwise, meet the requirements of Section A above. D. Colleyville Tree Preservation Fund: All mitigation fees and non-criminal penalties mentioned below shall be paid into the Colleyville Tree Preservation Fund. The fund shall be administered by the City Manager or his/her designee and shall only be used for the planting of new trees on City owned or leased properties, rights-of-way and other public properties such as public schools, county and State properties located within the City of Colleyville. E. If any protected tree dies within three (3) years of the issuance of the certificate of occupancy, final inspection or acceptance of public improvements and is brought to the attention of the city manager or his/her designee, the original permit applicant shall be subject to the replacement/mitigation requirements for protected trees per this section. Section 5.13 Penalties and Violations A. Civil Penalties: If any protected tree is removed from any real property without a tree removal permit, or if a protected tree is injured during construction where an active tree removal permit has been issued because of failure to follow required tree protection measures of this chapter such that the tree dies or may reasonably be expected to die, the City shall have the authority to impose the following penalty: 1. The violator shall plant new trees at a rate that is three times the diameter inches of tree(s) removed. All plantings shall meet the requirements of Section 5.12. For example, if a 20 inch diameter width tree is removed in violation of this Chapter, then a minimum of 60 inches of new trees shall be planted. A planting plan for the new trees shall be provided to the Administrative Official no later than 30 days from the date of the offense. The new trees shall be planted no later than 90 days from the date of the offense or, if the site is under construction, the new trees shall be planted when all other required landscaping and/or mitigation is planted. The City shall have the authority to hold any development related administrative approvals for the property on which the violation occurred and may impose a stop work order until the penalty is addressed through the submittal of an approved planting plan and/or the planting of new trees. In the event that the trees are not planted within the prescribed timeframe, the City may delay any related administrative approvals for the property and may impose a lien on the property until such time the trees are planted. Page 5-12 2. If the violator, due to property constraints or other impediments, cannot plant the required new trees mentioned in Section One, the violator may petition the City Council through the appeal process mentioned in Section 5.14 to allow a monetary penalty in lieu of the above planting requirements. Said monetary penalty shall be a minimum of $750.00 per caliper inch of diameter width of the protected tree(s) removed or damaged, payable to the tree preservation fund mentioned above. If a tree is removed without authorization and the size of the tree cannot be determined given the lack of a tree survey or other official documentation, then the minimum penalty shall be $15,000.00 per tree. If approved by the City Council, said penalties shall be paid no later than 30 days from the action of the City Council. The City shall have the authority to hold any development related administrative approvals for the property on which the violation occurred and may impose a stop work order until the penalty is paid. In the event that the penalty is not paid within the prescribed timeframe, the City may impose a lien on the property until such time the penalty is paid. B. Criminal Penalty: In addition to the civil penalties of this chapter, any person violating or failing to comply with any provision or requirement of this Chapter, including but not limited to the mitigation requirements of this section, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount of $2,000.00. A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. Section 5.14 Appeals Any appeal to the provisions of this chapter and/or any appeal to a decision of the Administrative Official relative to the provisions of this chapter shall be heard by the City Council. Section 5.15 Replacement Tree List The following is the list of appropriate and approved replacement trees which have been selected on the basis of their suitability in the urban environment of North East Tarrant County. REPLACEMENT TREE LIST SCREENING TREES ORNAMENTAL TREES MEDIUM AND LARGE TREES PALMS ARBORVITAE BLUE POINT JUNIPER AMERICAN ELM CALIFORNIA FAN PALM BLUE POINT JUNIPER CAROLINA BUCKTHORN ARISTOCRAT PEAR MEXICAN FAN PALM CHINESE PHOTINIA CAROLINA CHERRY LAUREL ARIZONA CYPRESS NEEDLE PALM CAROLINA CHERRY LAUREL CRAPE MYRTLE BALD CYPRESS SABAL PALM EAST PALATKA HOLLY DECIDUOUS HOLLY BOIS D' ARC WINDMILL PALM EASTERN RED CEDAR DESERT WILLOW BUR OAK LITTLE GEM MAGNOLIA EAST PALATKA HOLLY CEDAR ELM NELLIE R. STEVENS HOLLY FIG CHINESE PISTACHE SAVANNAH HOLLY ITALIAN CYPRESS CHINQUAPIN OAK WAX MYRTLE JAPANESE MAPLE DEODAR CEDAR YAUPON HOLLY LACEY OAK EASTERN RED CEDAR MEXICAN BUCKEYE EVE'S NECKLACE NELLIE R. STEVENS HOLLY FOREST PANSY REDBUD OKLAHOMA REDBUD GINKGO BILOBA Page 5-13 SAVANNAH HOLLY LACEBARK ELM SUMAC LITTLE GEM MAGNOLIA TEXAS MOUNTAIN LAUREL LIVE OAK VITEX PECAN WAX MYRTLE PERSIMMON YAUPON HOLLY SHANTUNG MAPLE SHUMARD RED OAK SOUTHERN MAGNOLIA Section 5.16 Amendments Reserved for listing of amendments to this Chapter. Ord. Number Date Subject O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of consultant O-14-1933 10/6/2014 Comprehensive amendments including incentives for preserving native tree stands, addition of fees, changes to penalties and other modifications Page 5-14 Page 5-1 Chapter 5 Urban Forestry Section 5.1 Purpose of This Chapter The purpose of this chapter is to promote, conserve, and enhance the City’s Urban Forest by:  Rrecognizing the historical and cultural importance of the Eastern Cross Timbers and its impact on Colleyville;  rRecognizing the environmental, economic, social, and aesthetic benefits of trees;  eEncouraging and facilitating site planning and design which preserves trees and natural areas;  pProtecting trees during construction  ; lLimiting the removal of trees  ; pProviding for the establishment of a diversity of native and adapted trees. It is the further intent of this chapter to:  cCompliment Destination Colleyville,  Compliment The City of Colleyville Comprehensive Master Plan  Compliment and The City of Colleyville Parks Master Plan  as well as mMaintaining and enhanceing Colleyville’s identity as a Tree City USA. Section 5.2 Authorization for Adoption of This Chapter The regulations contained in this chapter have been adopted under the authority of Chapter 51 – General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. This chapter is also adopted under the authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 5.3 Variances and Appeals Except where provided in this chapter, any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 – General Provisions of this Land Development Code. Section 5.4 Definitions Definitions applicable to this chapter may be found in Chapter 2 – Definitions of this Land Development Code. Section 5.5 Tree Removal and Damage No person directly or indirectly shall cut down, destroy, remove, move, damage, or effectively destroy through damaging the roots, trunk or canopy, any tree without first obtaining the required approvals or permits as outlined in this chapter, unless otherwise exempted by the provisions of this chapter. Section 5.6 Applicability Formatted: Bulleted + Level: 1 + Aligned at: 0.32" + Indent at: 0.57" Formatted: Bulleted + Level: 1 + Aligned at: 0.25" + Indent at: 0.5" Page 5-2 A. Prior to the following activities, review and approval of that activity’s compliance with this chapter (Urban Forestry Review) shall be completed by the Administrative Official unless subject to the exemptions in Paragraph B: 1. Removal, damage, or adverse impact of any Protected Tree. 2. Construction or expansion of structures for which a building permit is required. 3. Demolition of structures. 4. Clearing, grading, excavation, filling, or paving on any site or property that has existing Protected Trees. 5. Subdivision of land into lots by Preliminary Plat, Final Plat, Minor Plat, or Replat. 6. Required Ssite and landscape plan submittals for commercial or institutional uses as well as any site plans that are part offor a PUD, SUP, or other Zoning Case. B. Exemptions to Urban Forestry Review: 1. Authorized City employees or contractors and authorized Franchise Utility employees or contractors may, in the course of official business, remove, damage, or adversely impact Protected Trees or portions thereof which exist in a dedicated public street right-of-way or a public utility easement which the City or Franchise Utility has an interest in. The removal, damage, or adverse impact shall be limited to the extent reasonably necessary to install, maintain, or replace utilities or infrastructure. If a Tree Preservation Plan is approved showing to preserve trees in public utility easement or street right-of-way dedicated for new or expanding streets, then those trees shall be preserved and protected per the approved plans. Ordinance O-98-1130 shall govern management and control of all trees within City street right-of-ways, City public parks, and City owned facilities. 2. Any of the above activities may be done without Urban Forestry Review on properties with an active single-family use that are one (1) acre or less in area and where a habitable single-family home exists and is occupied as the primary residence of the landowner. If the landowner owns contiguous individual lots or tracts, the sum of all land shall be used to determine the size restriction of this exemption. 3. All landscape nurserymen shall be exempt from the terms and provisions of this section only in relation to those trees planted and growing on the nursery premises which are planted and grown for the sale or intended sale to the general public. Section 5.7 Tree Preservation and Canopy Cover All new development and redevelopment, to include additions, shall provide a minimum site tree canopy coverage per this Section through preservation of existing trees on the same site and establishment of new onestrees on the same site. A. Calculation of Tree Canopy: 1. The canopy area for each existing Protected Tree shall be assumed as a circle having a radius in feet equal to the DBH in inches of that tree. Example: A 10 inch DBH tree would have a canopy diameter of 20 feet and a canopy area of 314 square feet. 2. The canopy area for each new tree shall be credited based on the categories of large, medium, and small canopy trees: Large - 2000 sqft; Medium – 1000 sqft; Small – 100 sqft. The Administrative Official shall develop, update, and maintain on file a list of tree species and their associated size category and canopy credit. B. Non-single-family residential uses: 1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the Commercial Building Envelope (includes a five (5) foot buffer) shall be required. 2. The total preservation plus tree planting credit shall have a minimum canopy area equal to 50% of the total area of the lot(s) or tract(s). Commented [CT1]: This is in fact the correct use of the singular (“a…Zoning Case”) Page 5-3 C. Development or redevelopment of single-family residential uses on individual lots or tracts: 1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the Residential Building Envelope (includes a ten (10) foot buffer) shall be required. 2. The total preservation plus tree planting credit shall have a minimum canopy area equal to 50% of the total area of the lot(s) or tract(s). D. Additions and expansions to existing single-family residential uses on individual lots or tracts: 1. When an addition or expansion to the footprint of a single-family residence equals 50% or more of the existing footprint, the regulations per Paragraphletter ‘C’ above shall apply. E. Development of new single-family residential subdivisions: 1. Preservation of a minimum of 50% of the Protected Tree Canopy on the entire subdivision shall be required. The calculation shall include Protected trees located in newly dedicated streets (public or private), public water, sanitary sewer, gas, electric, telecommunication, drainage and general utility easements. The calculation shall exclude trees located in existing public utility easements containing existing in-service water, sanitary sewer, gas, electric, or telecommunication installations as well as additional public street right-of-way dedicated adjacent to an existing public or private street. The purpose of not excluding trees in new streets and easements is to promote subdivision design and layout that prioritize preservation of trees. 2. Within the required primary building setback areas (non-buildable areas for primary structure), a minimum of 75% of the Protected Tree Canopy shall be preserved. This is a separate calculation from that in Paragraph E.1. 3. Once the subdivision is constructed, all improvements are accepted by the City, the Administrative Official has inspected and verified compliance with required tree preservation, and Community Development has issued a letter of acceptance allowing submittal of new single-family building permits, then the preservation requirements of Paragraph C shall apply and each lot will be reviewed separately for tree preservation and planting based on that lots remaining trees and proposed location of single-family home. F. Artificial Lots: 1. When more than 50% of a lot or tract being developed or redeveloped is to remain untouched by tree removal, grading, excavation, filling, paving, or building, then an artificial lot may be delineated around the portion being developed and serve as the basis for calculation of tree canopy preservation and coverage. The delineation should not leave small strips or gaps adjacent to property lines and should generally only leave out one side of a property. Review and pre-approval of delineation for artificial lots shall be required. G. Dead, Declining, and Hazardous Trees: 1. Any tree that the Administrative Official determines to be dead, declining beyond reasonable recovery effort, or that has a high or extreme hazard rating based on the ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall be exempt from inclusion in the review of tree preservation and canopy cover calculation. Section 5.8 Heritage Trees A. Heritage Trees are those specimens that have attained a significant age and are the heritage of earlier residents of Colleyville or simply pre-date the community. All post oaks and blackjack oaks 15 inches DBH and larger, cottonwood, water oak, green and white ash 35 inches DBH and larger, and all other Protected Tree species 25 inches DBH and larger are hereby considered Heritage Trees. Page 5-4 B. Removal of any Heritage Tree in any location shall require mitigation by one of the following options: 1. Plant trees with a total canopy credit of five (5) times the canopy area of the removed tree. Trees shall be planted on the same property that the Heritage Trees are removed unless an alternative location within the City is approved by the Administrative Official. The tree planting standards of Section 5.10 shall apply. 2. Pay into the City of Colleyville Tree Fund at a rate of $100 per DBH inch. Section 5.9 Tree Protection Standards The following procedures shall be followed for all construction projects which involve activity that requires Urban Forestry Review, unless an alternative is deemed appropriate by the Administrative Official. A. Pre-Construction: The ensuing procedures shall be followed prior to construction. 1. All Preserved Trees shall have protective fencing located at the tree’s critical root zone. The protective fencing shall be comprised of orange vinyl construction fencing, with a minimum of four-foot (4’) approximate height. 2. Lumber shall be wrapped vertically around the tree trunk and held in place with wire or any other non-damaging method if a tree is within ten (10) feet of the construction of a building or any other situation determined by the Administrative Official that would pose a physical risk to the tree trunk. 3. In order to prevent damage to low hanging limbs, anything that may be impacted by equipment shall be pruned according to ANSI A300 standards. 4. Each area of tree protection shall require temporary signage that indicates the area is a “Tree Protection Area” and to “Keep Out”. A wording standard will be developed, updated, and maintained by the Administrative Official. The wording shall be in English and Spanish and include the appropriate contact phone number with the City to report violations. B. During Construction: The following procedures shall be followed within the limits of the Critical Root Zone (CRZ) of any Preserved Tree for any activity that is subject to the requirements of this chapter. 1. No placement of materials intended for use in construction or waste materials accumulated due to excavation or demolition. 2. No equipment may be cleaned or other liquids deposited. This would include but not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials. 3. No signs, wires or other attachments, other than those of a protective nature shall be attached to the trees. 4. No vehicular and construction equipment traffic or parking. 5. Underground utilities shall be bored underneath trees’ CRZ unless pre-approved by the Administrative Official. 6. Irrigation systems shall be designed to NOT require trenching across the critical root zone of any tree unless otherwise approved by the Administrative Official. 7. No digging, building, paving, or elevation changes. Page 5-5 . Section 5.10 Tree Planting Standards All new trees required to be planted under this chapter shall meet the following standards. A. Minimum size shall be three (3) inch caliper for large and medium canopy trees and one and one-half (1.5) inches for small canopy trees, measured at six (6) inches above the ground level. B. Minimum spacing between trees is twenty thirty (30) feet for large, fifteen (15) feet for medium, and eight (8) feet for small trees. Adjacent trees of different sizes shall meet the spacing requirement of the smaller tree. C. Trees shall be free from severe bark, cambium, or limb damage due to handling and planting. D. Trees shall be healthy and have minimal branch dieback. E. Trees shall have a single trunk or stem unless they are a small canopy tree whose ornamental value is attributed to having multiple stems. F. Trees shall not have co-dominant terminal leaders. G. Trees shall not be planted with the root collar bellow the soil and mulch shall not be piled up against the trunk. H. Trees shall be selected from the City of Colleyville Preferred Tree Planting List, to be developed, updated, and maintained on file. Trees outside of the list require pre-approval by the Administrative Official. H.I. Trees shall not be planted in public utility easements or public street right-of-way without approval of the Administrative Official. . Section 5.11 Permits A. Tree Removal Permit 1. An application for tree removal permit must be submitted, reviewed for compliance with this chapter, and approved prior to the removal of any tree. B. For trees that have become an immediate high hazard to persons or property, the hazard can be mitigated to a safe condition prior to permitting, but the tree parts and evidence of the damage should not be removed from the site unless sufficient photo evidence is taken in advance. An after-the-fact tree removal permit will be required within 30 days of the event and no fees or mitigation will be required as long as sufficient evidence of the hazard can be provided. If trees are removed prior to review or approval of a tree removal permit and no evidence can corroborate the hazard then the City may enforce the penalties of this chapter. C. Fees: All tree removal permits shall be accompanied by a check made payable to the City of Colleyville per the following schedule: 1. A person that owns and has primary residence of a single-family home on a lot or combination of contiguous adjacent lots or tracts that total more than one (1) acre will not be charged a permit fee. 2. All others will require a $50 base fee plus an additional $25 per Protected Tree that is to be removed. 3. Any tree that the Administrative Official determines to be dead, declining beyond reasonable recovery effort, or that has a high or extreme hazard rating based on the Formatted: Font: Times New Roman Page 5-6 ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall be exempt from fees under this Section 5.11(C). Section 5.12 Plan Submittals All activity that requires Urban Forestry Review shall have the following plans submitted for review. The Administrative Official shall maintain and keep on file an outline for all specific items required on the following plans as well as any permit applications or additional documents required for review of each activity. A. Tree Survey: shall include, but is no limited to, an inventory of all Protected Trees on the property, property boundaries, property easements, existing structures and paving, tree trunk location, a unique tree identification number, common name or species, trunk Diameter at Breast Height (DBH), and an outline of the Critical Root Zone (CRZ). If there are no Protected Trees on the property the Administrative Official may waive this submittal. B. Urban Forestry Plan shall include, but is not limited to: property boundaries and easements; building setbacks; all Protected Trees; identify trees to be removed or preserved; outline the preserved trees’ CRZ; show grade changes; show all new improvements such as structures, paving, major utilities; show locations, types, and sizes of new trees. Section 5.13 Penalties and Violations A. Civil Penalty: The Administrative Official shall have the authority to impose a civil tree mitigation penalty on any person, firm, or corporation who causesIf any Protected Tree is to be cut down, destroyed, removed, moved, damaged, or effectively destroyed through damaging the roots, trunk or canopy without first obtaining the required approvals or permits as outlined in this chapter. The violator shall, the Administrative Official shall have the authority to impose a civil tree mitigation penalty requiring the applicant to choose one, or a combination of, the violation remedy options contained in this section. The City shall have the authority to hold any development related administrative approvals for the property on which the violation occurred and may impose a stop work order until the penalty is addressed. Where the dbh size of any tree cannot be measured due to that part of the tree being removed from the site or destroyed, the City shall have the authority to estimate the tree’s dbh size based on any remaining physical evidence, photos, and documents. 1. Option 1. Tree Planting: The violator shall plant new trees with a canopy credit equal to five (5) times the canopy area of the removed trees. If the tree is a Heritage Tree, then the violator shall plant new trees with a canopy credit equal to ten (10) times the canopy area of the removed tree. All tree plantings shall meet the standards of Section 5.10. Trees shall be planted on the same property that the violation occurred unless an alternative location within the City is approved by the Administrative Official. A tree planting plan and timeline for installation of the new trees shall be provided to the Administrative Official no later than 30 days from the date of the offense. The new trees shall be planted no later than 90 days from the date of the offense or, if the site is under construction, the new trees shall be planted prior to final inspections. In the event that the trees are not planted within the prescribed timeframe, the City may delay any related administrative approvals for the property and may impose a lien on the property until such time the trees are planted. 2. Option 2. Tree Fund: The violator shall pay into the City of Colleyville Tree Fund at a rate of $250 per DBH inch of tree removed. If the tree is a Heritage Tree, then the violator shall pay $500 per DBH inch of tree removed. Payment must be provided no later than 30 days of after the Offense. In the event that the trees fees are not planted Page 5-7 paid within the prescribed timeframe, the City may delay any related administrative approvals for the property and may impose a lien on the property until such time the trees fess are plantedpaid. B. Criminal Penalty: In addition to the civil penalties of this chapter, where any person, firm, or corporation violating violates or failing fails to comply with any provision or requirement of this chapter, the Administrative Official shall have the authority to issue a citation for a misdemeanor to any and all such persons, firms, or corporations, who upon conviction shall be fined not more than two thousand dollars ($2,000.00) per violation.including but not limited to the mitigation requirements of this section, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount of $2,000.00. When the violation involves the cutting down, destruction, removal, or damage to a Protected Tree, each tree shall be considered a separate offense. Additionally, a separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. Section 5.14 Appeals Any appeal to the provisions of this chapter and/or any appeal to a decision of the Administrative Official relative to the provisions of this chapter shall be heard by the City Council. Section 5.16 Amendments Reserved for listing of amendments to this chapter. Ord. Number Date Subject O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of consultant O-14-1933 10/6/2014 Comprehensive amendments including incentives for preserving native tree stands, addition of fees, changes to penalties and other modifications Date: 11 -13- 1 SPEAKER CARD I will speak In Support of this item. _ I will speak In Opposition to this item. I:do not wish to speak but please record my: ❑support ❑opposition Agenda Item Number: Q5 Name: Address: 400 S- f City:�o(-e!,o, He State: Zip Code:( 3 Telephone Number:o2/q-5369-V000 Representing: e/ I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accorda/fcV with the Texas Open Meetings Law, Chapter 551 of the Texas Local A _ „ 1, )A Government Code. Signed: information a Public Record. Date: t I i' 3 V SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. 1 -do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: b�92 Name: wXCXr a4 dt2 �a Address: (00s- verL��Y- City: C Le,,,., qt State: Zip Code:i� Telephone Number:4BS o53� Representing: (organization/self) 1 understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local — Government Code. Signed: It This is a Public Record. SPEAKER CARD will speak In Support of this item. will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: CIX. Name: _� Pl''--7 4- A Address: City: �� L L! �-VI y % Stater Zip Code �� Telephone Number: �07' �%� Representing: (organization/self) I understand i am limited to speaking for five minutes. For business not listed on tW agenda as a Public Hearing, the Planning and Zoning Commission will not respond in ac coe with the Texas Open Meetings Law, Chapter 551 of the Texas Local Aovermrient Code. Signed: information is a Date: SPEAKER CARD I will speak In Support of this item. _ I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: Name: Address: City: Cv I (ey cel < < 2 State: T-�— Zip Code: Z)3j Telephone Number: 2/liy3&o -�0co Representing: J.�l// Lc� (organization/self) I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local l., , GSvemment Code. Date: � � �� `' �-o - SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. i I do not wish to speak but please record my: ❑support ❑opposition Agenda tem Number: I D Name: (AY�V,l 51^4 1( „ _ Address: t� City: U I I ( State: T�l Zip Code: 76 03 % Telephone Number: Representing: (organization/self) I understand I am limited to speaking for five minutes. For business 7lot listed on the agenda s a Public Hearing, the Planning and Zoning Commission will not respon , "n accordance 'ylh Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, Signed; V This information is a Public Record. Date: �l �1 cP SPEAKER CARD _ I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: Name: - Address: '�k 3 ,2( ((� es r., v ✓- (- city: Com (f State: T_ Zip Code: 7 6O 3 �F 1-F r4 Telephone Number�gl)� -6��P7 Representing: Ro/s5zs LtU l9 (organization/self I understand 1 am limited to speaking for five minutes. For business n is ed on the agend,�as a Pu�Jlic Hearing, the Planning and Zoning Commission will not respo inl Izprdnt with ihk Texa.5 pen Meetings Law, Chapter 551 of the Texas Local / l l $o ernment Code. Signed: Date: 12 ,410(/,- 1 e SPEAKER CARD I will speak In Support of this item. _ I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition Agenda Item Number: Name: Address: 2 / 06 0 tp of L i -j City: CO LL (V((// Stater Zip Code: 7 Telephone Number: X 145 �17O Representing: n (organizatio elf) / understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Planning and Zoning Commission will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: Date: information is a Public SPEAKER CARD 141 speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: ❑support ❑opposition Agenda Item Number: Name: l Address, City: Telephone r -e, UGcV' -eZ State: Zip Code:? e@ Representing: (organization/self) 1 understand I am limited to speaking for five minutes. For business not listed on not respond in accorda Signed: i§ a Public Hearing, the Planning and Zoning Commission will Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. is a Public Record. Date: SPEAKER CARD i — will speak In Support of this item. v I will speak In Opposition to this item. I do not wish to speak but please record my: ❑support ❑opposition Agenda Item Name: Address: City: / �l State: Zip Code: Telephone Number: / Representing: I (organization/self) I understand l am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, the Playing and Zoning Commission will not respond in acccoor„dance with the Texas Open Meetings L#Chap�6551 of the Texas Local Signed: a