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Planning and Zoning Commission-Agenda Packets-7/11/2011
City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~~~~ ~~,. 7 -` tsq~~~ Meeting Agenda Monday, July 11, 2011 6:15 PM City Council Chambers Planning and Zoning Commission __ City of Colleyville 100 Mltain Street "~ Colleyville, Texas 76034 Meeting Agenda 817.503.1000 ,:,~;;;; vrww.colleyville.com Planning and Zoning Commission Monday, July 11, 2011 6:15 PM City Council Chambers 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 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Phelps 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES May 9, 2011 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a replat on 2.0 acres on Lot 1, Block 1 of the Fisher Addition located at 5513 Montclair Drive, Case PC11-001 7b Approval of a request to rezone Lots 1-16, Block 1 of the Colleyville Heights Addition from R10-Single Family Residential to PUDR-Planned Unit Development Residential located in the 800 block of Regina Court City of Colleyville Page 1 Printed on 7/8/2011 Planning and Zoning Commission Meeting Agenda July 11, 2011 and 5408 South Drive, Case ZC11-008 7c Approval of a request for a Special Use Permit to allow for horses on Lot 6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie Road, Case ZC11-010 7d Approval of a request for a Special Use Permit for on-premise alcoholic beverages sales on Lot 2A, Block 1, of the Market Addition located at 5003 Colleyville Boulevard, Case ZC11-012 8. JO N ENT I here~y certify the above agenda was posted on the bulletin boards at City Hall on Fri ,July 8, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 2 Printed on 7/8/2011 City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~~.'.~ ~~ r~•:~-- M i n utes -Draft Monday, May 9, 2011 6:15 PM City Council Chambers Planning and Zoning Commission City of Colleyville '~''~'~' ~ ~ r ,try '~ ~~E ,,r' ~ Minutes -Draft Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 9, 2011 6:15 PM City Council Chambers 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 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 9, 2011 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner David Wheelwright Staff Present: Ron Ruthven, Jackie Reyff, Rob McKeown, Marty Wieder, Raymon Cannon and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Rotthaus moved to approve the April 25, 2011 meeting minutes with minor grammar corrections. Commissioner Davis seconded. City of Colleyville Page 1 Printed on 5/11/2011 Planning and Zoning Commission Minutes -Draft May 9, 2011 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Davis, Rotthaus, Phelps, Byerly Absent: 1 -Wheelwright 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC11-006 Commissioner Phelps moved to continue case ZC11-006. Commissioner Davis seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Davis, Rotthaus, Phelps, Byerly Absent: 1 -Wheelwright Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding what is the size of a parallel parking space? Ron Ruthven replied 9 feet by 23 feet. Commissioner Dudziak questioned staff regarding what is the size of a "pull" in parking space? Ron Ruthven replied a 90 degree parking space would be 9 feet by 18 feet. Discussion occurred between staff and the Commissioners regarding the difference between angled regular parking spaces and the dimensions for those spaces. Atef Henary, 500 Bridlewood, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Henary regarding if his architect knew the regulations for the size of the parking spaces? Mr. Henary replied not knowing if the architect knew the regulations for parking spaces. Commissioner Dudziak further stated that the parking spaces on the exhibit do not meet the parking space requirements of the Land Development Code. He stated each parking space would need to be 9 feet by 23 feet. Mr. Henary replied he has three more parking spaces than what is required. Commissioner Dudziak stated the parking spaces are not drawn to scale. City of Colleyville Page 2 Printed on 5/11/2011 Planning and Zoning Commission Minutes -Draft May 9, 2011 Commissioner Dudziak questioned Mr. Henary regarding the realignment of the parking at the front of the store. He further questioned Mr. Henary regarding where are the existing posts for the canopy on this plan? Mr. Henary replied they are next to the handicap parking space on the ramp and the other is on the north side. Commissioner Dudziak questioned Mr. Henary regarding if the existing curb is going to be moved. Mr. Henary replied yes, the front of the store is being redone. Commissioner Davis questioned Mr. Henary regarding how many parking spaces exist on the Brown Trail side. Mr. Henary stated there are five currently. Ron Ruthven stated the previous site plan only showed four spaces, however, there are five. Commissioner Phelps questioned Mr. Henary regarding if there are currently striped parking spaces along the Colleyville Boulevard side around the pump area. Mr. Henary replied no. He further stated that there is room to move around with a car parked there and with someone getting gas. Commissioner Phelps stated the dimensions of the scale on the site plan are incorrect or the parking spaces are incorrect. He further stated that there are parking spaces that are going to be lost once it is drawn to scale. Mr. Henary stated they can lose up to three parking spaces and still meet the ordinance. Commissioner Dudziak questioned Mr. Henary regarding if a shared parking agreement has been worked out with the adjacent property owner. Mr. Henary replied he worked out the parking spaces on his subject lot. He stated since he was able to get the parking on his lot, it was not an urgent issue to get the shared parking agreement, especially since that property owner is concerned about his business loan with the sharing of parking. Commissioner Phelps stated that it appears that the parking code can be met without the parking at the gas pumps. He stated it will be up to the customer as to where he decides to shop. He further stated being in support of the request. Commissioner Knox stated having an issue with making a decision on something that is incorrect, such as the parking dimensions. He stated the parking spaces are incorrect, and not accurate. Commissioner Byerly concurred with Commissioner Knox and stated the traffic circulation is not safe for this location. He stated it is a crowded lot City of Colleyville Page 3 Printed on 5/11/2011 Planning and Zoning Commission Minutes -Draft May 9, 2011 and he stated he wanted to see some of the parking moved off site. He stated this is not a viable project for this property. Commissioner Byerly moved to deny case ZC11-006. Commissioner Knox seconded. The motion to deny carried by the following vote: Aye: 5 -Knox, Dudziak, Davis, Rotthaus, Byerly Nay: 1 -Phelps Absent: 1 -Wheelwright 8. ADJOURNMENT The meeting adjourned at 7:21 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 6, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator City of Colleyville Page 4 Printed on 5/11/2011 `~:,. City of Colleyville 100 Mlain Street i fi.: Colleyville, Texas 76034 ~~~,~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 07/11/2011 Agenda No.: 7a Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a replat on 2.0 acres on Lot 1, Block 1 of the Fisher Addition located at 5513 Montclair Drive, Case PC11-001 Attachments: Location and Zoning Map Plat Exhibit Resolution R-95-1110 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/11/2011 Planning and Zoning Commission Title Approval of a request for a replat on 2.0 acres on Lot 1, Block 1 of the Fisher Addition located at 5513 Montclair Drive, Case PC11-001 Explanation Don Enty, the applicant and property owner, has submitted a request for approval of a replat that will consist of one residential lot. The purpose of this replat is to incorporate approximately 25 feet of land, which was formerly Ruth Road, along the north property line. This 25 foot strip of land was abandoned by the City with Resolution R-95-1110 but was not incorporated into the subject property. The property owner would also like to decrease the side building line, as indicated on the plat, from 21 feet to 15 feet. This reduction in the side setback would comply with the Land Development Code requirements for the R40-Single Family Residential zoning district. Ruth Road is an unpaved street that is approximately 263 feet in length. Chapter 8 -Plat Review Procedures of the Land Development Code requires that "side yard building set-back lines shall be indicated by dashed lines on the side yards of lots with side street frontage". Zoning District. The designated zoning of this property is R40-Single Family Residential. Section 3.24.G -Schedule of District Regulations of the Land Development Code restricts the building line setbacks as the following: City of Colleyville Page 1 Printed on 7/8/2011 Agenda Briefing Continued Front Yard: 40 feet Side Yard: 15 feet Rear Yard: 25 feet Existing Conditions. The property is platted with a residential structure. The property owner is proposing to construct a new residence, towards the rear of the property, which has triggered the need to replat the property with a new side setback. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development satisfies all requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Recommendation Approval City of Colleyville Page 2 Printed on 7/8/2011 Location and Zoning Map _ .. ~~~. ~, r 572 ', ~. 201 i 2207 ~ ~ ~" ~y X109 X113 2201 7 p CI~ ~kd OE3 ~ X0'11 - ~~~ . __ ~. _ -.._. ~' ~ ___ e 5704 ~ ~= _.~~. , -` ~ 2304 '--- 5008 505 2300 ~ 2308 '~"~f ~~ ~ z ~ ~ R20 ~; _ r~ ~_ £0~1 ,504 _____ r-- ~- -,. ~~ ~~ - --~ ` . ,, ~ ~ ~ , ~ 2300 5t_ 5.00 ,.001 Z 104 Site ~ __. R20 f ~.~ 5 55 I L ~~~3 S~Oo 5005 5508 ~~ _ _ 550f~ 5504 Roo 5511JJ~'~ 5504 ~~~~ 5502 `~' 5500 5501 ~ 5500 t-_' `507 ~~ 8 ee bF~i a ~~ 7q j3 ~~ i 9 1~ ® b ~ ~r ~ b{e Ab ,~jb$ 8o i ~a B 2 3 8 e~ 1' ~ tl wD9 ~8 ~ ~e gg ~9~~ ~ b; 3~ r~~ i~ j b~ gg:! P~~ bia ~~ ~ ~g ~ ; ]{~~ ~~ ~sy b;`a~ ,~ 'd JB ~9 j ~ i ~ 9j i~ J~ j , E ly fl ~ fl~~g fl~ b C ~~ ~~ ~ ~ ~ ~` 1 ~% ~y~~~ 5 ^..a ~E ~° _ ., F EE '~ ~~~ ~' ? ~I, ti~ Y is` ~9~e ~~ ~~ 7~ `' 9 k ~ y ~ ~., ~ ~~ ~ s3 ~ d1g ~~ i~~ ~ ~ G ~66 ~~ ~ f ~~ $ ~ 83 ! ~Y~ ~i~ 23.pj ~9~ ~~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ 1 i ~ ~ ~u~ ~ ~ ; p I ~'s~' t~ !S ~o Plat Exhibit ,~ ~ !A~ i,i nk ~ ,~~~ a ~3 x ~~ ~~ Z :3~ ~~ g 'm~ }~ e ~E~l~ B} q~ ~Y ~~~~~ ~9g~~ ~ ~ ~~~ i~ i~ a ,~ ~ 103 v ~ ~~d yy 3~3$v IB ~ k~ ~ai € 1fl a~ 7~i~ d fl. ~a fl~ _ R ~~ ~4 j 1 al ~` , e ~ .._._._..__ -_ __..___-._... ~y\ 3~ ~uvnW~ ~ a~enwxaneoe - ~ l_ _ _.. _. .._.. t' ........ .. ...........y.... ~l............... k (L'f6Tk{6MZfpDN ~~ p k ~ ~ ~ 1 _ a ~~$$n ~Q ~~i~.lr1VQ~ ~axa~~camuroaamr.~ aoaraar~ercs'aavaa+~ ~i aa:rauievmuvaawm~ ~~~ r~aba~a~ama-u wc~c, Nnuaur'r¢nax'I Vx~s'laui wntmrrra.'im ~v ~ k ~uu~mrwwun~•iaxrw :am pig{ Muu«n~wcresan'Ir+o~iio ~~~ bEk~ ._... _.._.._. ---._ ~ B~~ b k~fl~ ~ ~ s ~~~~ ~ ~ ~ , ~ ,. ~~~~ ~ ~ ~aa~~ ' =a§~~ ay .ao vc ~f~.~~ f~ ; ~~ ~ W '~ i~ ~ v !- ~ ~~ ~ w ,s ~~~ ~~ m a,. RESOLUTION R-95-1110 A RESOLUTION APPROVING THE PRELIMINARY PLAN FOR ARBOR ESTATES Ill; VACATING AND ABANDONING A PORTION OF RUTH ROAD LOCATED ADJACENT TO LOTS 3 AND 4 OF THE O. MARTIN ADDITION TO THE CITY OF COLLEYVILLE, TEXAS; PROVIDING FOR A REVERSION OF FEE IN SAID VACATED RIGHT-OF-WAY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Preliminary Plan for Arbor Estates III, Case P-95-008, which was approved by the Planning and Zoning Commission on April 10, 1995 is hereby approved. Sec. 2. THAT two land parcels, described as: (A) the most northerly 25 feet of the most easterly 266.62 feet of Ruth Road; and (B) the most southerly 25 feet of the most easterly 266.62 feet of Ruth Road; which together comprise all of the most easterly 266.62 feet of Ruth Road located adjacent to Lots 3 and 4, O. Martin Addition to the City of Colleyville, the Plat of which is recorded in Volume 388-48, Page 317, Plat Records of Tarrant County, Texas, be and the same property is vacated, abandoned, and permanently closed, and extinguished. Sec. 3. THAT the fee to the land in the above described vacated street right-of-way is hereby released and shall revert to the adjacent owners as provided by law, SAVE AND EXCEPT that easements are retained for any and all existing and prospective utilities and drainage requirements as necessary. Sec. 4. THAT the provisions of Sections 2 and 3 above shall take effect and be in full force and effect from and after the date of approval of the Final Plat of Arbor Estates III, provided said Final Plat shall conform to the Preliminary Plan. AND IT IS SO RESOLVED. Passed y a vote of ~ ayes and ~ nays and _~ abstentions on this the , day of ~ ~ , 1995. A ST: J n Harris, CMC City Secretary CITY OF COLLEYVILLE: Che Feige Mayor '° City of Colleyville 100 Main Street '`' ~- Colleyville, Texas 76034 ~~~~ Agenda Briefing a17.5o3.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Agenda Date: 07/11/2011 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request to rezone Lots 1-16, Block 1 of the Colleyville Heights Addition from R10-Single Family Residential to PUDR-Planned Unit Development Residential located in the 800 block of Regina Court and 5408 South Drive, Case ZC11-008 Attachments: Location and Zoning Map Notification List Buffer Map Property Owner Approvals Statement of Planning Objectives Zoning Exhibit Colleyville Heights Final Plat Small Lot Subdivision Comparison Zoning District Lot Requirements Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/11/2011 Planning and Zoning Commission Title Approval of a request to rezone Lots 1-16, Block 1 of the Colleyville Heights Addition from R10-Single Family Residential to PUDR-Planned Unit Development Residential located in the 800 block of Regina Court and 5408 South Drive, Case ZC11-008 Explanation Todd Handwerk has submitted a request to rezone the entire Colleyville Heights subdivision, which consists of 16 lots located on Regina Court and South Drive containing a total area of 4.7 acres. The applicant is requesting to rezone the property from the R10-Single Family Residential zoning district to the PUDR-Planned Unit Development Residential zoning district. Existing Conditions. The property is currently developed as the Colleyville Heights Addition. There are five newly constructed homes by Calais Custom Homes, one home currently under construction by JPK Builders, the developer's existing home, eight undeveloped lots owned by Miron Land and one open space lot devoted to open space and drainage. Applicant's Proposal. The applicant proposes to increase the maximum lot coverage from 35 percent to 50 percent and to reduce the front and rear building setbacks in order to meet current housing market preferences. These proposed changes would apply to all lots within the development. City of Colleyville Page 1 Printed on 7/8/2011 Agenda Briefing Continued Lot Sizes and Setbacks. The PUDR regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet and lot depth of 120 feet. The typical lot sizes and dimensions proposed by the developer will, at a minimum, conform to the R10-Single Family Residential zoning district lot design requirements. R10-Single Family Residential zoning district lot design requirements include a minimum lot size of 10,000 square feet, a minimum lot depth of 100 feet and lot width of 75 feet. The required setbacks in the R10-Single Family Residential zoning district are 30 feet for the front and 25 feet for the rear building lines. The applicant is requesting to reduce the front building setback to 25 feet and the rear building setback to 20 feet. The R10-Single Family Residential zoning district was repealed and removed from the City's zoning ordinance in 1976. Approximately 111 acres in Colleyville (including the subject properties) remain zoned R10-Single Family Residential. All existing homes in the subdivision are either at or below the maximum lot coverage of 35 percent. Fire Spinkler Requirements. Section 9.17(B)11 of the Land Development Code requires two means of vehicular access into a subdivision that contains more than 12 lots. Given that 14 lots are located along Regina Court with no secondary means of access, with the exception of Lot 8 which derives access from South Drive, all residences in the subdivision must contain an automatic fire-sprinkler system. To date, all homes, with the exception of Lot 8, built in the development contain automatic fire-sprinkler systems. Although codified and enforced through the Land Development Code, this provision has also been added to the proposed ordinance with an exemption for Lot 8. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. Given a minimum lot size requirement of 10,000 square feet, the maximum residential density allowed by the R10-Single Family Residential zoning district equates to 4.0 dwelling units per acre. The 15 platted residential units that would be located on the 4.7 acre subject properties would yield a density of 3.1 dwelling units per acre. Attached is a comparison chart showing lot sizes and development requirements including residential densities and lot coverages for recent residential developments in Colleyville. Open Space. The PUDR regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The development shows 3.9 percent of the total development as open space which is contained on Lot 16. The open space is maintained by the Homeowner's Association (HOA). Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the north and west are zoned R10-Single Family Residential and are currently developed as single family residences. Properties to the south are zoned R20-Single Family Residential and are currently developed as single family residences and the property to the southeast corner is zoned CN-Neighborhood Commercial and is undeveloped. Properties to the east are zoned CC1-Village Retail and AG-Agricultural and are developed as part of the Colleyville First Baptist Church campus. City of Colleyville Page 2 Printed on 7/8/2011 Agenda Briefing Continued Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. The sidewalks internal to the development must be a minimum of four feet in width and installed when any new structures are built on the property. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 15 lot development would add approximately 144 vehicle trips per day to the surrounding roadways. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. Given that the proposed residential density is below the maximum residential density possible under the existing R10-Single Family Residential district, the proposed rezoning request is in conformance with the Master Plan. Public Notification. Staff mailed notices to 31 property owners regarding this request including all property owners within the Colleyville Heights subdivision. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received six letters of support to the rezoning request. The City Manager owns property in this subdivision and as such the administration of this item has been deferred to the Assistant City Manager. Summary. The PUDR request by the applicant is atypical given that it is being applied to an existing residential development and not a new development proposal. The request is also unique in that it addresses lot coverage. Many cities do not have specific requirements for maximum lot coverage. Rather, many cities address maximum lot coverage through building setback requirements. Residential and commercial zoning districts in Colleyville have contained maximum lot coverage provisions since 1970. Given that most of the recent approvals of residential developments with similar densities in Colleyville contain similar maximum lot coverage percentages, staff agrees that the applicant's request is not inconsistent with those development requests. The lack of open space in the development creates a gross discrepancy with the minimum 20 percent open space requirement in the Land Development Code. However, short of dedicating an additional undeveloped lot as open space, there is nothing the applicant can do to address this requirement. The PUDR rezoning is the only option the applicant has in order to increase the maximum lot coverage requirements. Recommendation Approval subject to the provisions contained in the proposed ordinance City of Colleyville Page 3 Printed on 7/8/2011 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Baird, Robert Etux Wanda 709 Thomas St Colleyville TX 76034 000709 Thomas St Bradley, Michael Etux Kelly L 809 Regina Ct Colleyville TX 76034 000809 Regina Ct Brunken, John E Jr 7204 Belle Meade Dr Colleyville TX 76034 000712 Central Dr Calais Custom Homes Inc PO Box 96193 Southlake TX 76092 000813 Regina Ct Colleyville Heights Llc 5408 South Dr Colleyville TX 76034 000801 Regina Ct Crandall, Bruce Etux Caren 5412 Pleasant Run Rd Colleyville TX 76034 005412 Pleasant Run Rd Davis, Bobby Joe 8304 Old Springfield Pike Goodlettsville TN 37072 005313 Pleasant Run Rd Fadden, Mark S Etux Jennifer M 55 Piazza Ln Colleyville TX 76034 000825 Regina Ct First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville TX 76034 005405 Pleasant Run Rd First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville TX 76034 005405 Pleasant Run Rd First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville TX 76034 005312 Colleyville Blvd Gonzales, Andrew J 705 Eudaly Dr Colleyville TX 76034 000705 Eudaly Dr Haseltine, Elwin K Etux M 704 Field St Colleyville TX 76034 000704 Field St Henigsmith, Cecil Etux Lisa 705 Thomas St Colleyville TX 76034 000705 Thomas St Hunkins, Ralph H Etux Jennifer 808 Regina Ct Colleyville TX 76034 000808 Regina Ct Lala, Marlene 816 Central Dr Colleyville TX 76034 000816 Central Dr Lindsey, Josh M Etux Angel R 803 Thomas St Colleyville TX 76034 000803 Thomas St Max, Richard W Etux Jacqueline 700 Field St Colleyville TX 76034 000700 Field St McDonald, Ceacy Samantha 814 Central Dr Colleyville TX 76034 000814 Central Dr McNary, John W 1230 Brown Trl Ste 107 Bedford TX 76022 000701 Eudaly Dr Miron Land Inc PO Box 96193 Southlake TX 76092 000816 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000812 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000804 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000800 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000820 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000828 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000817 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000821 Regina Ct Moore, Karen Jean PO Box 694 Colleyville TX 76034 005412 South Dr Reynolds, Giles Jr Etux Patti 714 Central Dr Colleyville TX 76034 000714 Central Dr Roeder, C E 713 Field St Colleyville TX 76034 000713 Field St Roeming, Branton F Etux Karen 805 Thomas St Colleyville TX 76034 000805 Thomas St Rostron, Paul Etux Cindi 805 Regina Ct Colleyville TX 76034 000805 Regina Ct Stephens, Jim & Ann Roseberry 3604 San Bar Ln Colleyville TX 76034 000000 Central Dr Tipton, Carol A 701 Field St Colleyville TX 76034 000701 Field St Traphagan, Chas K Etux Carol M 801 Thomas St Colleyville TX 76034 000801 Thomas St Turner, Christine M 713 Central Dr Colleyville TX 76034 000716 Central Dr Warner, Richard D Etux Regina 5408 South Dr Colleyville TX 76034 000824 Regina Ct Warner, Richard D Etux Regina 5408 South Dr Colleyville TX 76034 005408 South Dr West, Catherine M 812 Central Dr Colleyville TX 76034 000812 Central Dr Williamson, Penny 5 Etux Lawre 713 Thomas St Colleyville TX 76034 000713 Thomas St Todd Handwerk 2825 Exchange Blvd. #101 Southlake TX 76092 applicant Public hearing notices were mailed on Friday, May 27, 2011 by Amy Shelley. 200 ft. Buffer Map 5 600 613 701 705 608 612 616 700 704 705 609 6`13 70`1 705 708 8a0 aa6 _: 5508 512 608 612 700 7EI~i 54fl8 82;1. 8'20 815 812. 8"~8 05 607 611 613 701 7'13 5 821 817 1'~ 712 '1714~716~812~814) 816 ~ ,,,,,.__.~_ 5505 5 5412 w 504 800 5405 3 805 01 5392 820 5.313 5309 817 5310 7'l1 713 715 811 813 8'15 5300 `226 o xv o o~ ~ c~ o n~ ~. r cti. n cu `~ tp cfl 59 5221 5217 ~T~~ L_LL_L_U 100 530fl 5300 53111 5232 5204 i'~Y-1@-2011 15:48 FROM:ROSTRON T0:81?4210491 P.1~1 Property Owner Approvals ~ALA.IS CUSTi~M Y~bMES May 9, 2p11 Coileyville Weights Homeowners: I have included below the e-mail i sent each of you last week. The city is requiring a signature from each property owner in the subdivision prior to considering the zoning change. We'd appreciate it if you could sign at the bbtitorn of this letter. Call me and 1 will come and pick up the signed farm. Thanks. Sean Good morning, 1 wanted to reach out to all of you concerning Coileyvilie Heights. Todd and t have submitted a request to the city fora "zoning change" to the subdivision, allowing for some .one story plans. Right now the 3596 lot coverage restriction almost prohibits Durability to build a one story 28010 sf home with a 3 car garage and some patios. In addition, all of our competition (Villas of CDileyvilte, Wllas at teak Point, Cambridge place) has tot coverage in excess of 5096. So, we have requested a new maximum fat coverage of 5096a We are asking for your support of this zoning change. We feel that having the support of the existing homeowners wail really help. In addition, we had also requested for approval to have a subdiviston entry gate. At this time, we are undecided an whether to continue tD pursue that request. An entry gate will require uS to make Regina Court a private street, which means all maintenance would fall back an the. NdAJhomeowners. We are preparing bur 2"tl submittal to the planning and zoning commission -due tomorrow. We'd appreciate it if you could respond to this a-mail and let us know a Couple of things: Can we count on you for support of our lot coverage change? Do you have any interest in a subdivision entry gate? I support Calais Custom Homes in their effort to change the tot coveragq're~£rictiar+s i~tSll"exv~te Heights, Signature Printed Narne S` ~.Pl~yg ~' Address _~ 1 i~L 1~~ CUSTOM HOMES May 9, 2011 CoOeyville Heights Homeowners: I have included below the a-mail t sent each of you last: week. The city is requiring a signature from each property owner in the subdivision prior to considering the zoning change. We'd appreciate it if you could sign at the bottom of this letter. Cali me and i will Lorne. and pick up the signed form. Thanks. Sean (214}707-5314 ~aod morning, I wanted to reach aut to a-t of you concerning Cbiieyvilie Helgl~ts, Todd and i havesubmitted a requestto the city foc a "zoning change" to the subdivision, allowUg for some one story plans. Right now the 354~n tot coverage restriction almost prohibits our afJility to build a one story 2$fl0 sf home with a 3 car garage and some patios, in addition, all of our competition Villas of Col{eyville, Villas at Oak Paint, Cambridge Mace) has lot coverage in excess ai 50~. 50, we have requested a new rnaximum lot coverage of SO%. We are asking for your support of ibis' zoning change. we feel that having the support of the existing hameawners will really help. In addition, we had also requested for approval to have a subdivision entry gate. At this tune, we are undecided on whether to continue to pursue that request. An entry gate will require us to make Exegina Court a private street, which means ail rnaintenanre would fall back on the NgAlhameowners. We ace preparing our 2"'r submittal to the planning and zoning commission -due tomorrow. We'd appreciate it iF you could respond t4 this a-mail and let us know a cr~upEe crf things; Can we count on you for support of our lot coverage change? 4o you have any interest in a subdivision entry gate? l support Calais Custom Homes in their effort to change the lot covers a restrictions in ColleyviHe Heights. 5ignatu fC~,d't s'~t N. }/fivjCiv/ Printed Name &r~ ~r,~,~u ~~~~ lsl/rev. I~ , %~c' ?,~3~ Address CUSTOM Hf:)ME3 May 9, 2011 Coileyvilie Heights Homeowners: I have included below the a-mail I sent each of you test week. The city is requiring a signature from each property owner in the subdivisionprior to considering the zoning change. We`d appreciate it if you could sEgn at the bottom of this letter. Call me and I wIU come and pick up the signed form. Thanks. sear (214) 707-5314 Good morning, 1 wanted to reach out to aii of you concerning Colieyville Heights. Todd and f have submitted a request to the city fora °zoning.. change" to the subdivision, allowing for same one story plans. Right now the 35% lot coverage restriction almost prohibits our ability to build a one story 2800 sf home with a 3 car garage and some patios. in addition, aii of our competition {Villas of Colieyviile, Villas at Oak Point, Cambridge Place} has lot coverage in excess of 5096. 50, we have requested a new maximum !ot coverage of 50%. we are asking for your support of this zoning change. We feel that having the support of the existing homeowners will really help, In addition, we had also requested for approval to have a subdivision entry gate. At this time, we are undecided nn whether to continue to pursue that request. An entry gate will require us to make Regina Court a private street, which means aii maintenance would fail back on the FiOA/homeowners. We are preparing our 2"~ submittal to the pianntng and zoning commission -due tomorrow. We`d appreciate it if you could respond to this a-maii and let us know a couple of things: 1. Can we count on you fvr support of our lot coverage change? 2. Do you have any interest in a subdivision entry gate? I support Calais Custom Homes in their effort to change the lot coverage restrictions in ColleyviUe Heights. Signature Michael H Bradley Printed Name 809 Reeina Court, Collewi(ie, TX 76034 Address r agc c vl i Sean Coghlen From: John Campbell ~~ Sent: Thursday, May 05, 2011 9:35 PM To: Sean Coghlan Subject: Re: Colleyvil(e Heights Sean, yes JPK BUILDERS is in favor of the lot coverage change and in favor of the gated entry. One note; please get back to me regarding the subdivision fence that borders our lot 7 (north boundary wood fence) which is app. 2 feet over into lot as per we have addressed. Also,. the grass in all lots is getting tall .and unsightly. Can this be handled very soon? Thanks for your assistance and let us know if you guys need anything from us. Thanks, John Campbell...817-455-8100. 5/24/2011 ra~,civi~ Sean Coghlan From: Mark Fadden [ Sen#: Thursday, May 05, 2011 10:59. AM To: Sean Coghlan Cc: 'Jennifer Fadden' Subject: RE: Colleyviile Heights Sean/Todd, As homeowners, you have our support on the zoning change. We are completely and totally against the entry gate. From asecurity/crime standpoint, there is absolutely no need for it. And we have no interest in maintaining the street, which will add significant costs to our FTOA dues. Also, speaking of maintenance, the empty lots next to our house are in desperate need of mowing. Some of the weeds/grasses are over 3 ff high. Best, Mark 5/24/2011 Amy Shelley Subject: FW: Colleyville Heights „~..y._.._..._..~....~..._. 1=rorn: RICK WARNER Sent: Thursday,. May 26, 2011 10:48 AM To: Sean Coghian Subject: Re: Colleyville Heights Thank you for contacting me regarding the proposed zoning changes in Colleyville Heights. I support the proposed lot coverage change request to 50%. I view this as prudent, along with revising the front/rear building lines to accomodate such a change. Regarding the addition of an entry gate, although I designed the entry to easily support conversion to gated, I neither support nor oppose the proposal. Thank you. Rick Warner 817 657-4736 Statement of Planning Objectives Colleyville Heights Colfeyvitle, Texas Overview Colleyville Heights is a new home subdivision developed by Colleyville Heights, LLC. In 2007, Miron Land, a sister company of Calais Custom Homes, purchased lots 1-6 and lots 9-15 for the purpose of new residential construction. The entire property consists of 4.735 acres located on the west side of Pleasant Run, north of Central Street and south of Thomas Street. The property is currently utilizing the City of Colleyville's R10 zoning. There are five (5} newly constructed homes by Calais Custom Homes, one (1) home currently under construction by JPK Builders, the developers existing home (1), eight (8) lots owned by Miron Land, and one (1} lot devoted to open space & drainage. Customer Demographic Our potential customers, as well as a number of current home occupants, are `empty nesters'. They are looking for single story homes between 3,500 and 4,000 sgft. In addition, they travel frequently on business, to visit friends and family, and for vacations. Requesting the zoning change is done in large part to meet the home design and security needs of our current and potential customers. Proposed Lot Coverage We are proposing a new maximum lot coverage of 509'o based upon the following factors: The property is surrounded by older homes on larger lots that are also utilizing the City of Colleyville's R10 zoning. The R10 zoning provides for a maximum lot coverage of 3590. The 359'o maximum !ot coverage was sufficient 30+ years ago when newly constructed homes were much smaller than new homes today. In addition, land was more plentiful years ago and the lot sizes were much larger. The combination of these two factors has created a zoning classification that we believe is too restrictive for new home construction. • The size and one story home design requests of our current customer demographic as outlined above. Proposed Lot Coverage I;continued~ • Other new residential construction subdivisions in Colleyville are currently utilizing the PUD zoning with a maximum lot coverage in excess of 50% o Villas of Colleyville o Villas at Oak Point o Cambridge Place The interpretation of maximum lot coverage has changed at the city. This change occurred after the completion of the first four newly constructed homes in the subdivision. The change in interpretation has made the 35°Yo maximum lot coverage more restrictive. Proposed Set-backs We are proposing a new maximum front yard depth of 25' and a new maximum rear yard depth of 20' based upon the following factors: • A change in the front and rear yard depths is necessary in order to provide the requested 50% maximum lot coverage. The existing front and rear yard depth maximums will only allow fora 45% maximum lot coverage. Zoning Exhibit N s oQ .~ Ci .~ 0 u J ~ C i ~ t/' ~ y p f6 N p O ~ N ~ 1 OO ~ ~ ~ .-~ ~ O ltl 111 lC O 00 1~ r1 ~ y~ ii b ~ ~ v~ ~n vi ~ i,n v of t ~ a• C1 C O Y H y ~ a~ ti ~ ~ ~ ~ ~ ~ ~ ~ ,~ ~ ~ a ~ Y v O~~ 0 0 0 0 0 0 0 0 i1 ~ r O N N N N N N N N ` a ~ Y O, ~~ N N N N N N N N O LL QJ a` `^ x J C ~ N x fD ~ y.. QJ ~ u ~ `~ `~ oe `~ `~ 3Q 3L' ~` C 00 ~ 10 ` ~ ~ ~ L/) fV .-~ V1 •-1 V1 LO f~1 ei 1•. ei M N O tPl d' ° a m > ~v v v a v M et v v 4 > - o U V c ~ ~ N ',,~ U V1 ~ ~ d~ ~" ~ ~ ~ ~ ~ ~ ~ ~ d~ ~ N N N N N N N N U v~1 ~~ ' ° i ~~ 0 M 0 M 0 M 0 M 0 M 0 M 0 M 0 M ~ LL ~ L~I. 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Lot Open Approval Subdivision Lots Min. Min. Min. Ave. Density Coverage Space Date Width Depth Size Size % illas of 0-97-1062 Caldwell 43 59 115 6,594 7,408 3.7 dua 50% 18.3% 4.1.97 Creek ridges at 32 56 106 001 6 479 6 3.0 dua 50% 24% 0-99-1192 iverwalk , , 12.21.99 iverwalk 0-00-1210 t 53 60 115 331 6 7,666 3.2 dua 50% 20% , 4.4.00 Colle ille osewood 53 59 110 482 6 6 899 3.6 dua 60% 21.4% 0-01-1286 illas , , 8.8.01 merald 72 60 120 7 200 7 508 3.5 dua 50% 19.6% 0-02-1366 ark , , 10.1.02 Tiffany 25 60 100 7 200 7 580 3.5 dua 50% 20% 0-04-1487 ark , , 10.21.03 0-04-1442 uscany 35 60 110 6,600 7,878 3.9 dua 50% 6.6% 2.17.04 Cambridge 38 50 58 4 500 300 5 4.2 dua 60% 22,0% 0-04-1467 lace , , 7.6.04 illas at 74 30/56 90/95 2,700 5 000 3.7 dua 90% 22% 0-06-1584 Oak Pointe 115 6,440 , 58% 8.2.06 0-06-1595 Copperglen 22 55 105 5,924 6,650 3.9 dua 65% 20% 10.17.06 Villas of 67 59 115 655 6 8 936 3.4 dua 60% 21% 0-07-1627 Colle ville , , 8.21.07 nclave at 0-07-1634 rbor 16 65 120 8,700 9,350 2.9 dua 50% 19% 9.18.07 states Creekside at 269 50 105 5 000 7 257 2.4 dua 65% 20% 0-07-1645 Colleyville , , 11.27.07 Somerset 77 50/60 100/110 5,000 000 6 4.0 dua 50% 20.3% 0-08-1672 anor 6,600 , 5.6.08 t W O O O m N O N Cf y X, O c Q N C1 ~ N .~.. 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O ~ O O O O O O O Ut O O f.Tl (lt G1 CTl UI C.TI C11 O ~ N C a W W W W W W W W W W W W W W W W W W W T S ID O U7 O O1 CTI Ul U1 U1 CT O O O O V7 (Jl Ul CJ1 U1 Vl ~ S Ul Vt CJ~ O V O) Ul A A W V Ol UI W W N N N N O < d O 0 O o O e O o O 0 O 0 O 0 O 0 O 0 O o Ul e O o O 0 O 0 O 0 CJl 0 O 0 O O ~ Ip K 0 0 W 7 r~ ~ p . i D X D C _X ~ m v m c_ ~ r D g r /z/~~ o VI m m cZn 3 z Z X C v 3 ~ 0 ~ O c r" -a N O ~ N ~ ~ m ~ D C DG~~ ~ m m z~z ~ ~..~ v o ~' o~ ~ z ~~ a~ ~ D m ~ yv mQ Z~ ~ m 3 m Z ORDINANCE 0-11-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.7 ACRES ON LOTS 1-16, BLOCK 1, OF THE COLLEYVILLE HEIGHTS ADDITION, FROM THE R10-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC11-008; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-11-XXXX Page 2 of 4 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 4.7 acres on Lots 1-16, Block 1, of the Colleyville Heights Addition, from the R10-Single Family Residential zoning district to the PUDR-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit "A" and described in the attached Exhibit "B". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 3.2 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be consistent with the final plat, labeled as Exhibit "C". 3. PERMITTED USES a. Single-family residences, detached b. Common open space area 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit "D", shall control where such building line setback is different from the following requirements. Ordinance 0-11-XXXX Page 3 of 4 a. Minimum Lot Size b. Minimum Lot Depth b. Minimum Lot Width c. Front Building Line d. Side Building Line e. Rear Building Line 10,000 square feet 100 feet 75 feet 25 feet 8 feet 20 feet 5. OPEN SPACE a. This development shall provide not less than 3.9 percent common open space, which shall be contained on Lot 16 as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the Homeowner's Association. 6. SIDEWALKS AND PATHWAYS a. Sidewalks shall be required along both sides of Regina Court and shall be installed when any new structures are built on the lots. 7. OTHER a. With the exception of Lot 8, all homes constructed in the development shall be installed with an automatic fire-sprinkler system approved by the Fire Marshal. b. Any residence constructed on Lot 1, Block1 shall be limited to a height of one story. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-11-XXXX Page 4 of 4 Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map EXHIBIT "B"-Statement of Planning Objectives Colleyviile Heights #s a new home subd#u#sion developed by C+alleyv#lle He#ghts, ILC, In 2flD7, Mtrcrn band, a sister company of Calais Custom Homes. purchased tots 1-6 and #ats 9-15 for the purpose of near restd+~nt#al construttfon, The entire property cansasts caf' 4.735 acres laicated on the west side of Pleasant Faun, north of Centra'I 5ireet and south of Thomas Street. The property i5 currently util#sing the City of Colleyville's R1Q zoning. There are five (5~ newly constructed homes by Cala#s Custarn Homes, one (1~ home current3y under construction by 3PK Builders, the developers existing home (1~, eight ~8) lots owned by h9iron land, and or-e viii lot denoted to open space & drainage. C,starrter Liema~rapltk t7ur p~otentiat rust©mers, as well as a number of current home occupants, are `empty nesters'.. They are look;n$ far single story homes between 3,5E~Q and 4,{}C}(t sgft. In addition, they travel frequently on business, to visit friends and family, and vaicatons. Requesting. the zoning Change is done in large part to meet. the home design and secur#ty deeds of ear current and poterrt#al customers. Propa~d tot Ca~erag~e we are proposing a new rt~saximurn lot ca~rerage of 549'o based upon the following factors; The property #s surrounded by older homes on larger lots that are also u#ilixingthe City of Colleyville's Rl~ caning. The R1Q soriing pr+~wtdes for a maximum I®t cra+rerage of 3596. The 3S4'o maximum lot coverage was scrfficient 3{,F+years aga when newly constructed homes were much smalierthan new homes tpday, In addition, land was rtaore plentiful years ago and the lot s(zeswere much tariger. The combination ofthese two factors has created a zoning classification that we believe is too rests#ctive for new home construct#on. • The size and one story home design requests of our torrent customer derriographit as outlined above. r C)ther nevi residential constructlcHri snatadivisitins in Calteyville are currently utilizing the FtJD aoning with a maxlrnum lot coverage in excess of 5t}96 o Villas of Colleyv#Ile o Villas at yak Point o Cambridge Place The interpretation rxf maximum tot. coverage has changed' at the City.. This change occurred after the completion of the first four newly construtfed homes in the subdtvlslon. The change in interpretation has made the 35% maxlmtam lot coverage more restrict#ve, F~raposed Set-backs V41e are pr~aposirrg a new maximum front. yard depth of 25' and a new maximum rear yard depth of ~()' bas+ed upon the following, factors: • A change in the front and rear yard depths (s necessary to order to isrovde the requested 50196 maximum tot coverage. The existing front and rear yard depth maximums wi## only allow fora 4596 maxtrrrum lot coverage; EXHIBIT "C"- Final Plat ~ I ~ ~~~ 9 Y { 4 r s Y Iw P. w, 4. t ; c .~ 4 * ~+ r"'-~ a ~ ' ~ ~ ' f~. ... ,.... _ P~'tl to rte yi.~5te.~y~ u _>__ -i. ~ ~ - _ ~ yr t ('J ~S ~ U ......_ _.... .. _-_ ttl ~ e i ~ p'e y ~ 3 ~ 4r .. m. .' _ -- i ' ; ~ r~ z .,. ., . Y ~ -t `~ 6 `. - ~. , ~ F k ,,. ~+- `~ 4 ~ - Gti. ~ ! .: { S i ` ~ ~ ,f S ~j# y 4~ s~. ^a~ ts2F' P4"'~ 'i A «~i .. T _ _, ... ~ ~ .~~ ~-~`` *~ ~+ ~+ City Hall ~ ~~~~ -~~'~;~ City ~f CO~~e~/V~~~e 100 Main Street ' ~~ Colleyville, Texas 76034 ~~ ~ ~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 07/11/2011 Agenda No.: 7c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit to allow for horses on Lot 6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie Road, Case ZC11-010 Attachments: Location and Zoning Map Notification List Buffer Map Applicant's Request Zoning Exhibit Grazing Area Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/11/2011 Planning and Zoning Commission Title Approval of a request for a Special Use Permit to allow for horses on Lot 6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie Road, Case ZC11-010 Explanation Charles Lowrance, property owner and applicant, is requesting a Special Use Permit to allow for two horses on 2.2 acres on Lot 6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie Road. The applicant is seeking this request in order to keep horses on the subject property. The Land Development Code allows the boarding of horses on properties zoned R30-Single Family Residential district with the approval of a Special Use Permit (SUP). Existing Conditions. The property is currently developed as a single family residence. There are currently no horses on the subject property; however, the property owner has kept horses in the past. Therefore, the applicant was unaware that horses were not allowed in the R30-Single Family Residential zoning district without the approval of an SUP. Grazing Area. The Land Development Code requires that each grazing animal must be provided a minimum of 15,000 square feet of land for use as pens, stables and grazing. The applicant has indicated that the grazing area provided exceeds the minimum 30,000 square foot grazing area requirement for two horses. Fencing and Screening. An approximately 4'/2-5 foot split rail wood fencing separates the City of Colleyville Page 1 Printed on 7/8/2011 Agenda Briefing Continued grazing area from the home. Along the north and west property line, a combination chain link and wire fence exists. The Land Development Code states "Fences for pens, corrals or similar enclosures shall be of sufficient height and strength to properly retain the grazing animal(s) on the premises. " Surrounding Properties. The surrounding properties consist of single family residential uses. The properties to the north, south and east are all zoned R40-Single Family Residential and are currently developed as single family residential uses. The property to the west is zoned R40-Single Family Residential and developed as Reagan Park. Development Trends. The development trends in this area primarily focus on single family development. Public Notification. Staff mailed notices to 13 adjacent property owners regarding this request and a courtesy notice to the City of Hurst. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Summary. The proposed use of private horse stables for domestic use complies with the future land use designations of the Colleyville Master Plan with the approval of a Special Use Permit. Recommendation Approval with the conditions in the proposed ordinance City of Colleyville Page 2 Printed on 7/8/2011 Location and Zoning Map 605 5700 b609 7 5608 56138 29 7 3 R40 , 5605 5604 9 5600 ~ . 09 5600 5600 R40 5 5601 Site 1 R40 5513 ! 561 ~ ~~ 009 909 55{39 } 5~0$~ 5~as Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Colleyville, City Of 9001 Airport Fwy Ste 675 Fort Worth TX 76180 000709 W Ld Lockett Rd Colleyville, Cit Of 9001 Air ort F Ste 675 Fort Worth TX 76180 000729 W Ld Lockett Rd McCann, R E III Etux Kathe n 5604 Lowrie Rd Colle ille TX 76034 005604 Lowrie Rd Rawson, Michael P Etux Lori 1 5600 Lowrie Rd Colleyville TX 76034 005600 Lowrie Rd Rawson, Michael P Etux Lori 1 5600 Lowrie Rd Colleyville TX 76034 005600 Lowrie Rd Rawson, Michael P Etux Lori J 5600 Lowrie Rd Colleyville TX 76034 005600 Lowrie Rd Beckum, William W Etux Betty 5601 Lowrie Rd Colleyville TX 76034 005601 Lowrie Rd Lennox, David Etux Cynthia 5516 Lowrie Rd Colleyville TX 76034 005516 Lowrie Rd Barton, Rick R Etux Jeri 5513 Lowrie Rd Colleyville TX 76034 005513 Lowrie Rd Sellers, Kathryn R 5512 Lowrie Rd Colleyville TX 76034 005512 Lowrie Rd USA 2601 Meacham Blvd Fort Worth TX 76137 000909 W L D Lockett Rd Wing, William W III Etux Sharo 5509 Lowrie Rd Colleyville TX 76034 005509 Lowrie Rd Fry, Duke Est Etux Patricia 4816 lakeside Dr Colleyville TX 76034 005508 Lowrie Rd Fry, Duke Etux Patricia 4804 Shadycreek Ln Colleyville TX 76034 005508 Lowrie Rd Cit of Hurst, P&Z 1505 Precinct Line Rd. Hurst TX 76054 courtes notice Lowrance, C W, applicant 5514 Lowrie Rd Colleyville TX 76034 005514 Lowrie Rd Public hearing notices were mailed on Thursday, June 23, 2011 by Amy Shelley. 200 ft. Buffer Map 5845 5606 ~ 5644 27 ~Q3 1 5804 ~' 2 5> 5804 SC~i TOS 3 , ~ 5809 5844 776 712 57 705 T41 609 549 T07 5704 57~ 5772 845 807 541 5701 605 S07 5744 5700 ... 5609 5673 9618 5617 561 5506 5648 729 5673 5649 5612 5613 -073 40a 5608 5545 5"004 5605 5608 5645 5545 5600 5604 5600 5 Sf~Di 5604 5605 5601 5600 5600 % 5641 5607 SS16 5522 5521 5525 55"9 ~.3 5512 '. 5514 417 5518 ~1 5 5535 554 5512 909 y4y 5514 5508 5510 5506 ssn Applicant's Request ,`/o/se p~rr~?,`f S-/~-o~z~l/ Gl $~6~Cia( USc e%rliT q T jJ~~'~au>/~ ~ ~d ~~~r~~,~~ ~ ~~~3~ .zwa~ ~~,~ f / J ~~ ,~~ i~ ~~~~~~~~,e ~s u ~o~k yon G~~~~.~ i Zoning Exhibit I I 74.33' Nfl9'47'S1'E 148.77' ~` N89'S4'41'E ~' _ _ _ _ _ ~ I I ~ ~tw ~e,alNC w - - - - - - - -~- I ~'°r~ ~ ~ I :. I I LOT 6- - I I I ~ 3b: ~I to ~~ I _ ~ ~ ~ I I n b ~ ~.. I ~i514 COWRIE RD. ~ 9I ~ I ~ I 1 STORY BRICK HWSE I~ LOT 6-R ~ ~ EAST ~ ~ ~ 0.00 ~' 1 I et.a' S. te.s ~ Iq- a~~ "v 4~ a sp r, a I I I b J42.3' 7' I'I ~ I b p W < I I st.t'~ ( ~ N89'S5'03'E 229.71' ~ gl n -- III +aa --J~ ~'z ~a ta~• a _ I I I ~r.i, ~.I ~ 334.04' - - ~ ` S89'S5'03' W ~ d. o I I .-1 d I ail ~~ WI w I ~ ~ I"~ Iz ~I I^ I ~ ,~, I ~ I~ ,~ 3 I I IN bl 1N I ~ m I I Ir g I i of zl i I ~I* I I I ev t0' BUeOeiG t1NE L a~~..~ J -- -- t~ 148.D7' S89'51'44'W ib NOTES: Ewement far right-of-way granted to Uxoe Electric Serrtw Company by Instrument rocordad Vabtrnam 1286, Poge 273, of the Deed Records of Tarrant County, iaxa+ does not offect the subject property. Easement for right-ot-way gaited to Terlos Electric Service Company by instrument recorded Vdume 1890, Pogs 481, of the Deed Reeorcle of Tarrant County, Te><os cannot he plotted ttecouee deecHption a to vogue. Howevr we sae no evidence that It offsets subject property. None of the aubjxt prapa~ty {s within the 1~-~eor 11aad plats. The subject property b wtthln zone ><', at areo determined to be outside the 500-ymrr tloodpidn based on the Fedrd Emrgency Yanagamsnt Agency Flood Ineuronu Rate Nop numbr 4843800185 H, doted a--02-85. p I I~ Iz r= X w 31 y ~I I Z ( ~ I W 0 80' 160' GRAPHIC SCALE IN _F~ETM., RATTIKIN ~`tTLE COMPAN SURVEY OF LOT 6-R-1, BLOCK 2 OF REAGAN ESTATES, BEING AN ADDITION TO T}iE EYVILLE, TARRANT COUNTY, TEXAS ACCORDING TO THE PLAT AS RECORDED IN CAB{NET A. SUDE 31~A~.THE D T COUNTY, TEXAS. The underoignsd does hereby certify that this survey xas this day made ~~~j ~~ QQ on the ground of the property legdly described on thbs aurvsy and is SPOONER & i>11J5©C. corroct, and thot tharore no visible diaaapanclaa cortillcts, shortogea ti aroo, twundory Ilns canfiicts, sncroadsmenb, overlopphg of improvtr merle, eaewnsnts or rights-of-woy thot I hove been made aware of, REGISTERED PROFESSIONAL .:wept ~ ahown•on thb eurvay,~nd that the said proprty hoe access LAND SURVEYORS to and from a dedicated roodwa . Dated this the 3rd day of February t997. OF RECEIVED MAY 1 7 7.011 Per ............. SHAUN~G••SPOONER ....~...4183..~.::... JOB NO.: 519-6-96 DATE: 02-03-97 S COGO FILE: 519-REAL ACAD FILE: 519-TITL DRAWN BY: L.W.G. 352 HuRST el.w. COMPUTED BY: S.G.S. HURST, TX 76053 CHECKED BY: S.G.S. (817) 282-6981 Grazing Area Grazing Area = 8 7~.3~' 31,000 square feet ~ ~~~"4~'~t'~E "I ~~i.'T~ ~'` 1~[B~"~~'4~' ~ ~ ~_~ ws ~ ~, ` ~ 3 ~rA r f"1 '~ ~ ~ i ~ ~ .. ~ ~~ -~ I~ ~~ I ~ ~ a ~ ~= ~ - = ~- ~~ ~ ~5 0 RG~. _ ~}T ~~ R ~ EXIST ~' ~.~, '~ ~ ~ ~I 4 1 ~' rir ~rrrr. ~ ~ e~+r....,-..~. ••ey wrr wr~r rr.r +rr `~ ,'~, I .~ ~ ~~ ~: I~ ~i'P I .; f ~ ! ! ``i ; :: ~~ ,~ , ~ ~,~~ ~ ~ o ~, o~ ~~,~ ` x 3 w ~ ~ ~- I i ORDINANCE 0-11-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW TWO HORSES ON LOT 6R1, BLOCK 2, REAGAN ESTATES ADDITION, LOCATED AT 5514 COWRIE ROAD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED 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 under Case No. ZC11-010; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-11-XXXX Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit to allow horses on the premises of Lot 6R1, Block 2, Reagan Estates Addition, as depicted on Exhibit "A" and shown on Exhibit "B". Sec. 3. THAT the above described tract of land shown on Exhibit "A" 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. This Special Use Permit (SUP) hereby allows no more than two (2) horses to be boarded on the subject property. 2. The horses shall be contained in a completely fenced area that is no less than 31,000 square feet in size located on the back portion of the property. 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 ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires Ordinance 0-11-XXXX Page 3 of 3 that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" -Location and Zoning Map ~~~ - ~7oa ~ ~ 5609 5nU8 5~0$ 729 Sao 5605 56C1~ ~ 5600 '709 5~50(l 560a R4Q 5x641 bite R4~3 ~~ 1:3 5:,12 R 9~~ 909 5509 550 5508 EXHIBIT "B" -Grazing Area Grazing ~ = E 7.1.3.3' 31,OU4 square feet ; ~-- ti$9'4T~1"E 14t~J~' ~'{ t~~9'S4"4t.~ ~ ~F. . _ e,, e (a+-~ ~ ~' ~ ,, , i ~' 4 ~" ~ ~ ~. ~' ~s~ ~~ „ '~T p ~ y d' ~ SY "1" I J L ~j"».R I~ E+ty1.~J~yy 3 4~ K ~ ~ ~ ~~~ ~ ~ fzs• ~ ~~~ ;~~~~ ~ ~ ', ~ N~9'°~i'G3"`._.._~ ...229.7? ~ ~ ~' ~ Asir perp~, ` ~$ ~ ~J p uM1 <.i ~-•~'• WYWM ~~ YYItlYYYW1YY~1~ ~IIIF A11MY1. - ~YWb s r ~: ~ 4 M1 ~ < .~° ~•I ~g '~4' S~19"55'L13~W ,as .~. '' ~ ' l .-„~ i~ {} ~ ~ LLB ~ ; ~ w~ 9 ~. „~ (j x~ ~$ i ,a ~y ~ 3 { ! ~`. [i ~ n CY •` ~ tt a ~ ~ ~:. ~~ ~ i e .~ ~~ City Hall ~~ ~ City of Colleyville 100 Main Street ~~ , ^~~ Colleyville, Texas 76034 7 Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 07/11/2011 Agenda No.: 7d Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for on-premise alcoholic beverages sales on Lot 2A, Block 1, of the Market Addition located at 5003 Colleyville Boulevard, Case ZC11-012 Attachments: Location and Zoning Map Notification List 500 ft. Buffer Map Statement of Planning Objectives Restaurant Menu Site Plan Proposed 1,100 Square Foot Addition Building Elevations Proposed Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 07/11/2011 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for on-premise alcoholic beverages sales on Lot 2A, Block 1, of the Market Addition located at 5003 Colleyville Boulevard, Case ZC11-012 Explanation The applicant has submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption at 5003 Colleyville Boulevard. The subject property is zoned CC1-Village Retail and is developed as a restaurant. Alcoholic beverage sales for on-premise consumption are allowed in the CC1-Village Retail zoning district with the approval of an SUP. Existing Conditions. The subject property currently contains a 2,435 square foot building that was formerly Peter's Pizzeria and Italian Cuisine and Taco Bell. Proposed Restaurant. The applicant is proposing to open a new restaurant named NEXT Wood Fired Bistro & Vino Bar. The applicant is in the process of remodeling the restaurant and plans an 1,100 square foot addition to the north portion of the building where a current drive-through lane exists. Parking. There are currently 28 parking spaces located on the subject property. With the proposed addition of 1,100 square feet to the restaurant, a total of 35 parking spaces will be required on the subject property. The applicant has been informed that a shared parking City of Colleyville Page 1 Printed on 7/8/2011 Agenda Briefing Continued agreement with the adjoining property located at 5005 Colleyville Boulevard would allow the issuance of a building permit for the building addition in lieu of a variance or waiver. Landscaping. Staff recommends that all landscaping on the site meet the requirements of Chapter 4-Landscaping and Buffering in the Land Development Code prior to the issuance of the certificate of occupancy. This provision has been added to the proposed ordinance. Building Design. The applicant has received a building permit to perform significant remodeling of the building, as shown in the attached building elevations, and is currently awaiting final approval from Architectural Review Commission in order receive matching grants to help fund the remodeling efforts. Staff is working with the applicant such that the building will, at a minimum, meet a minimum design score of 30. The current design score for the building is 22. The provision that the building meet a minimum design score of 30 has been added to the proposed ordinance. On-Premise Consumption. The proposed SUP would authorize the sale of alcoholic beverages for on-premise consumption. The request is intended to serve a proposed restaurant building. The proposed hours of operation are as follows: Monday -Saturday: 11:00 a.m. - 2:00 a.m. Sunday 11:00 a.m. - 12:00 a.m. Distance Requirements. The Colleyville City Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet away from a church, school or public hospital. The distance is measured from property line to property line for schools and from front door to front door along the street front property lines for churches and hospitals. The property is in compliance with this requirement. Master Plan. The Colleyville Master Plan designates the future use of this area for retail and commercial land uses. This request is consistent with the goals and objectives of the Master Plan. Surrounding Development Trends. The properties to the north, south and east are zoned CC1-Village Retail and consist of office and retail uses. The properties to the west are zoned CC2-Shopping Center and consist of office and retail uses. Public Notification. Staff mailed notices to 31 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Summary. The proposed SUP would authorize the sale of alcoholic beverages for on-premise consumption. The restaurant will be required to meet the 60 percent food versus 40 percent maximum alcohol sales requirement in the Code of Ordinances. The property satisfies the distance requirements to churches, schools and public hospitals. In lieu of a waiver or variance, staff recommends that a shared parking agreement with the property owner at 5005 Colleyville Boulevard be submitted in order to allow the proposed 1,100 square foot addition. City of Colleyville Page 2 Printed on 7/8/2011 Agenda Briefing Continued Recommendation Approval with the provisions stated in the proposed ordinance City of Colleyville Page 3 Printed on 7/8/2011 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Worthington National Bank 200 W Main St Arlington TX 76010 004814 Colleyville Blvd Compass Bank PO Box 10566 Birmingham AL 35296 004841 Colleyville Blvd Colleyville, City Of 100 Main St Colleyville TX 76034 005100 Colleyville Blvd Thompson Terrace Investment Lp 5017 Collyville Blvd Colleyville TX 76034 005100 Thompson Terr Corvette Property Leasing Lp 1908 Stratton Ct Colleyville TX 76034 005017 Colleyville Blvd Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005016 Thompson Terr Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005020 Thompson Terr Colleyville, City Of 100 Main St Colleyville TX 76034 000024 Village Ln Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005008 Thompson Terr Miller, Tom 5004 Thompson Ter Colleyville TX 76034 005004 Thompson Terr Thiel & Thiel Inc 109 W Mill Valley Dr Colleyville TX 76034 005001 Thompson Terr Delgado, Mark & Bryan Berry 5000 Thompson Ter Colleyville TX 76034 005000 Thompson Terr Thompson, John E 5017 Montclair Dr Colleyville TX 76034 000905 Old Glade Rd Glade Road Capital Llc PO Box 1821 Colleyville TX 76034 001009 Glade Rd Vandergriff Joan 5317 Bluebonnet Rd Colleyville TX 76034 000909 Old Glade Rd Vandergriff Joan 5317 Bluebonnet Rd Colleyville TX 76034 000750 Glade Rd Vandergriff Joan 5317 Bluebonnet Rd Colleyville TX 76034 000710 Glade Rd Glade Road Capital Llc PO Box 1821 Colleyville TX 76034 001001 Village Park Dr Tutt, T U Jr PO Box 6 Colleyville TX 76034 004800 Bedford Rd McElroy, Behjat 4925 Lakewood Dr Colleyville TX 76034 004925 Lakewood Dr Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000036 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000051 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000037 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000028 Village Ln Realty Capital Chase Mtc Lp 8333 Douglas Ave Ste 110 Dallas TX 75225 000016 Village Ln Realty Capital Chase Mtc Lp 8333 Douglas Ave Ste 110 Dallas TX 75225 000016 Village Ln Realty Capital Chase Mtc Lp 8333 Douglas Ave Ste 110 Dallas TX 75225 000016 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000012 Village Ln Wells Fargo Bank Na 700 N Pearl St Ste 2200 Dallas TX 75201 004843 Colleyville Blvd Hoa -Lakewood Estates 12700 Park Ctrl Dr Ste 600 Dallas TX 75251 004921 Lakewood Dr Zell Three Inc 1190 Explorer St Duncanville TX 75137 000700 Glade Rd Noblit, Don Etux Barbara PO Box 820895 Fort Worth TX 76182 004913 Colleyville Blvd Hoa -Lakewood Estates 6707 Brentwood Str Rd Fort Worth TX 76112 004921 Lakewood Dr Looney, John R 3001 S Country Club Rd Garland TX 75043 004917 Colleyville Blvd Jpmorgan Chase Bank PO Box 2558 Houston TX 77252 005000 Colleyville Blvd Freed, Mickey PO Box 54833 Hurst TX 76054 005013 Colleyville Blvd Colleyville Plaza 580 Decker Dr Ste 203 Irving TX 75062 004904 Colleyville Blvd Colleyville Glade Corp 580 Decker Dr Ste 203 Irving TX 75062 004908 Colleyville Blvd Colleyville Glade Corp 580 Decker Dr Ste 203 Irving TX 75062 004900 Colleyville Blvd Pagano, Peter 215 Oak Trail Dr Lewisville TX 75077 005003 Colleyville Blvd Nobel Source Company Llc 640 S Hill St Ste 341 Los Angeles CA 90014 000800 Glade Rd Cy Village Lane Lp 49 Showers Dr Apt N361 Mountain View CA 94040 000032 Village Ln Cy Village Lane Lp 49 Showers Dr Apt N361 Mountain View CA 94040 000032 Village Ln Capital One Na 201 Saint Charles Ave FI 26 New Orleans LA 70170 005005 Thompson Terr Cocanougher Asset No 3 Llc 6851 NE Loop 820 Ste 110 North Richland Hills TX 76180 005005 Colleyville Blvd Ying Aikens, applicant 4905 Dartmore Colleyville TX 76034 applicant Public hearing notices were mailed on Thursday, June 23, 2011 by Amy Shelley. 500 ft. Buffer Map 0l1 I 4904 5101 5104 51OC 51 5100 5109 502 5025 5024 ~~ 1 5021 5012. ~~ 013 5€317 5016 2~ 5004 '! ~ ~ 5008 ~ 5005 4908 5(304 5005 .. 5oao ~ 5000 5001 ~ ~~ _w~ ~- ~ r ~~, 4917 ~~ ~~~~ 4913 $~ ~i 7(3C1~1 710 ( 750 1 4843 707 4725 ~.. 4932 4800 f rr 4'917 r rn v `~' 4905 June 15, 'LUl1 Statement of Planning Objectives NEXT Wood Fired Bistro & Vino Bar Planning Objectives Special Use Permit Request -Wine, Beer & Mixed Beverage Service Anticipated completion of remodel August, 2011 Ownership of the property held by: Y2Kitchen Properties, LLC 4500 Dartmoore Lane Colleyville, TX 76034 Operation of the property by: Y2Kitchen, LLC 5003 Colleyville Blvd. (Corner of Colleyville Blvd & Old Glade Road) Colleyville, TX 76034 Economic Development: Y2Kitchen (NEXT Wood Fired Bistro & Vino Bar) is locally owned and operated by our two owners, Tom & Ying Aikens who are residents of Colleyville. The business began in October of 2008. We are a full service catering business, serving the greater Colleyville area, including Grapevine, Southlake, the H.E.B. area, etc. During this time we have operated from a commercial kitchen in Grapevine and our moving our workspace to Colleyville. Y2Kitchen is a Limited Liability Corporation. NEXT Wood Fired Bistro & Vino Bar is planned as a destination site restaurant, drawing largely from Y2Kitchen's existing clientele in Grapevine, Southlake and the other local communities in addition to our Colleyville customers. Our plan is to add a new dimension to the caliber and variety of food offered in our community. A key component to the growth, success and expansion of our business is the ability to serve wine, beer and mixed drinks to compliment our cuisine to the families of our community. This combination will enhance the revenue of the operation to the benefit of the community and our City. No landscaping changes anticipated. Signage will all be mounted on the building's structure. No exterior lighting changes anticipated. Utilities will remain unchanged; gas, electric, etc. No traffic impact anticipated Restaurant Menu June 9, 2011 Version next woo fire bistro & vino bar Lunch menu Snacks Wood fire roasted crab cake with a DIJon caper remoulade Roasted garlic Artichoke dip served with grilled Naan bread Cast Iron seared filet of beef crostata served with a red wine demy Thin sliced Prosciutto Di Parma with wood fire roasted Vidalia onion and shaved Pecorino cheese Steamed buns stuffed with peppered bacon pickled cucumber and green scallions In a sweet plum ¢laze Fromage & Salurni plate {cheese & salami} served with sweet gherkins and dried fig Wood -fire roasted Portobello mushroom with pecorino and marsala sundried tomato glaze Escargot in puff pastry w/ roasted garlk atoll ~3~3~ Spinach and balsamic candied pearl onion salad with soft goat cheese In a pomegranate shallot dressing Filed greens with praline almond chips, crumbled bleu cheese >1<dried currants with a tarragon honey vinaigrette next Caesar sabxl with brioche crouton, whke anchovy and shaved pecorino cheese Mediterranean Sea salad with fete cheese, kalamata oNves, tad onion cucumber roasted red pepper in a sea salt red wine vina~rotte Tshini chicken sslad wl~: per: rs, crenbeMes, apple std c::eumber sewed :>rtts bit; lettuce Soup of the Day Parini Served with a side of salad, tomato, sm-fion, fip bohamk dressing and Mediterroneon J`Nes ROSEMARY CHICKEN PANINI Froe range chicken, mozrarella, artichoke, rosemary, chive, cumin ~ cilantro mayonnaise, scaiUon, tomato NEW YORK SIRLOIN STEAK PANINI Slices of roasted sirbin steak marinated with rosemary, tomato, fontina cheese, caramelized onion NEXT CLUB SANDWICH Fr.... wings chicken, resemarp him, leTar maven^afse, pancett,, tar.;ota, rar..sl-e salad SEARED YELLOW FIN TUNA PANINI Yellow ftn tuns, black pepper, tomato, cucumber, arugula, scallion, lemon tad pepper cilantro olive oil emulsions Pasta PENNE FUNGHI TARTUFO Cramini mushmnm; black tnimnet; narmesxn; parsley; a;allion -White Tnifflw Olivr! Ail SPAGHETTI MEDITERRANEO Shrimp, tomato, garlic, cilantro, scallion - Spicy Sundried Tomato Olive OII ORECCHIETTE WITH BROCCOLINI & GRILLED HALIBUT Halibut, broccollni rabe & cherry tomsto, shallot, mascarpone -Lemon Thyme Olive Oil LINGUINE ACQUA PA2Z0 dams, shrimp, calamari, PEi mussels, grape tomato -roasted garlic basil Olive oN NEXT RAVIOLI OF DAY Angel hair pasta with seared chicken breast artichoke hearts mushrooms in a cream wine sauce Entrtses from the wood -fire oven GRILLED STEAK SKEWERS & COUSCOUS Oven roasted long island duck with scallion plum glaze Grilled steak on rosemary skewer, bell pepper, Greek yogurt, honey, couscous with fig, tad onion scallion, tomato - Koronelkl Olive OII NEXT MEDITERRANEAN TASTING Grilled chicken breast, grilled Provence vegetable, marinated red bell pepper - Frantoio Olive Oil Grilled steak on rosemary skewers, bell peppers, Greek yogurt & honey, couscous salad - Koroneiki Olive Oii Grilled shrimp and tomato skewer on a saffron rice -Oregano Olive Oil Qulch! of the day Pizzetes Plzzete ails Margherita fresh pornodori sauce, ovoline mozzarella and basil Plzzete ells Pomodori thin sliced Roma tomato basil and pecarino cheese Frantoio Olive OII Pizzette ells Saiuml pomodori sauce, all of our salami cut carbon paper thin and pecarino cheese Pizzette alla Ricotta shaved pecorino cheese caramelized onion and oregano & roasted rosemary Flatbread Grilled onion marmalade, escargot, came Tartuffe and camembert cheese Roasted scallions, bleu Drowns. soicv aomodoro and aged aorrtonzola cheese Oven dried heirloom tomatoes, buratta mozzarella and oregano butter Dried kalamat paste, carved cacciatore salami, mascarpone cheese and grape mostarda Jamon Serrano, roasted fig, soft goat cheese and mandarins marmalade Buffalo mozzarella, Victoria plum tomatoes and fresh basil ~: next wood ~ bistro & vino bar brunch menu Seasonal fresh fruit Smoked salmon floret with crime fresh and red onion caper remoulade Crab Cake Dijon crime spice greens Wood -fire roasted Portobello mushroom with pecorino herbal greens and balsamic truffle syrup Spinach and balsamic candied pearl onion salad with soft goat cheese in a pomegranate shallot dressing Filed greens with praline almond chips, crumbled bleu cheese & dried currants with a tarragon honey vinaigrette Brunch ravioli of the day Brussels style thin Waffle topped with soft crl!me and berries 2 2ggs any style svurd3uah least; homy fries & herbai greens Omelet du jour Brunch QulchE of the day Breakfast panini scrambled egg, bacon, cheddar cheese & herbal greens Monterey eggs panini, black beans, guacamole, pico de gallo & monterey cheese Poached eggs Benedict Norwegian (smoked salmon), Florentine (spinach) w/ sweet chill hoNandaise Steak & eggs grilled hanger steak & eggs any style Smoked salmon sandwich cream cheese, plum tomatoes, red onion & capers on a toasted French baguette Grilled chicken BLT chicken breast, crisp boon, lettuce, tomato, guacamole & honey mustard Shrimp panini fresh Serrano pepper, garlic, parsley & herbed mayo on a toasted baguette Grilled steak sandwkh creekstone farms grilled hangtr steak, caramelized onions & swiss cheese 1,'irt crepes flied ::J nascarpcne cheese, mix berry compote sides crispy bacon -breakfast links - sautEed spinach -home fries -garlic pommes frites -sweet potato fries -scones -muffins •substitutions & egg whkes add $3 Pizzetes Pixzete olio Margherita fresh pomodori sauce, ovoline mozzarella and basil Plzzete olio Pomodorl thin silted Roma tomato basil and pecorino cheese Frantofo Olive Oil Pizzette silo Salumi pomodori sauce, all of our salami cut carbon paper thin and pecorfno cheest Pizzette ally uovo pomodori sauce, egg ,ovoline mozzarella and spinach Flatbread Grilled onion marmalade, escargot, crime Tartuffe and camembert cheese Roasted scallions, bleu prawns, spicy pomodoro and aged gorgonzola cheese Oven dried heirloom tomatoes, burotta mozzarella and oregano butter Dried kalamat paste, carved cacciatore salami, mascarpone cheese and grope mostarda Janwn Lei ianu, rwsied fig, soft guet Cheese en3 rnandarina marrr~aiade Buffalo mozzarella, Victoria plum tomatoes and fresh basil ~ ~. i next wood a bistro & vino bar dinnersmallplatemenu Seared sea scallops w/ porcini dust + pomegranate Oxtail gulash and cipollini marmalade Lamb Shanks Frog Legs Warm goat cheese salad w/ pumpkin seed vinaigrette Kosher cut beef ribs w/fig BBQ Sliced aged Salumi w/pear mostarda Grilled Prawns wJ Israeli couscous pudding Baked camembert crusted w\ cranberry tartuffo oil White anchovies w/lemon grass + green olive tapenade Apple aged beef sausage stuffed ravioli w/ fig demy Seared filet of beef w/garlic & thyme Lamb chop Scottadito Mussels in tomato broth Mini broccolirabe & aged provolone Panini Grilled bread & tomato salad Duck conflt on toast Tuna wJ marinated cucumbers Buttermilk -Brined French cut chicken breast w/ truffle oli Roasted hazelnuts w/thyme &sea salt Wood -fire roasted clam Grilled shrimp w/creamy tomato sauce Assorted cheese plate Assorted cured meat's plate Chutney of walnuts & lavender honey on toast Grilled mussels w/ Salsa Yerdc Red curry cownut clams Eggplant & Pomegranate w/ sesame vinaigrette Sea Bass w/caper berries gastric Chicken Marsala Ragu w/ Faro Milanese walnut kalamata olive Iamb cops Grilled potato salad Yogurt carrot salad w/ dill salt Braised parsnips with lemon thyme peaches fig & Pepperoni Crostata Site Plan ~~ Z ~~~ E S`dX31'~~ll/V131~0~ a ~ ~ ~ ~ a/~l8 3~11/V131~O~ EOOS o Q i ~ O2ilSl8 Pawl} poonn 1X3N ~. 0 Building Elevations ~~ ~~~ • ~ Z ~~~ °~l' ~ S`dX31 `3~11/~.13110~ ° N ~:0 ~ f an~e ~~~In~3~~o~ Foos ~ ~ 02~1S18 Paa!~ poonn 1X3N W N O ¢' >- w O 5- CC !_.. W 7 W _...~ W H O (!? W 4U CY_ H Z O d ua w t- v> w L7 I W Z <,'~ W .~ W S 1- O Z C? ~ ~ 2 C7 d W w i-- ~ ~ II W ORDINANCE 0-11-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 2A, BLOCK 1 OF THE MARKET ADDITION, LOCATED AT 5003 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z11-012; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-11-XXXX Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 2A, Block 1 of the Market Addition, located at 5003 Colleyville Boulevard, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption, as depicted on Exhibit "A" and described in 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. 3. THAT the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 30 prior to the issuance of the certificate of occupancy for the restaurant. c. All requirements of the Land Development Code shall be met, except where amended herein. 2. Hours of Operation a. The hours of operation shall be as follows: Monday -Saturday: 11:00 a.m. - 2:00 a.m. Sunday 11:00 a.m. - 12:00 a.m. 3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code Ordinance 0-11-XXXX Page 3 of 3 prior to the issuance of the certificate of occupancy. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map NORTH Exhibit "B" -Statement of Planning Objectives NEXT' lf~ood Aired Bistr~a & vines Bar Planning Qbjectives Special Use Permit Request -Wine, Beer & Mixed Beverage Service Anticipated. completion of remodel August, ~@11 flwnershlp of the Preset t3' held by: YZKtchen Pt7operties, LLC 45Qt1 Ctartmovre Lane Cc~lleyvlle~'TX 76fl34 UPer~rti~n of the P~"!~t"tY by: Y2iCitchen, LLC 5Ut}3 Calleyville Blvd. Corner of Colleyvil le Blvd & +Clld Glade Road] Coffeyville, TX 7fi{i34 Economic Development: Y2Kitchen {NEX"C Wood Fired Bistro & Vino Ba.r) is locally owned and operated by our two owners, Tom 13~ Ying Aikens who are residents of Colleyville. ~fhe business began in t] ctaber of 2x08. We arc a fuel service catering business, serving the greater Coffeyville area. including Grapevine, Southiake, tare H.E.B. area, etc. During this tune eve have operated from a commercial. kitchen in Grapevine and our moving our workspace to C~lleyville. Y2Kitchen is a Limited Liability Corporation. NE7~CT Wood Fired Bistro 8c Vino Bar is planned as a destination site restaurant, drawing largely from YI{itchen's existing clientele in Grapevine,: Southlake and the other local. cornmu.nities in addition tc~ our Colleyville customers. Clur plan is to a+dd anew dimension to the caliber and variec}e crf Fne~d offered in our community. A key component to the growth, success and' expansion of our business is the ability to serve wine, beer and mixed drinks to compliment our cuisine to the far~nllies of+~ur carrrmunity. This combination will enhance the revenue of the csperatir~n to the benefit ofthe cotrtmunity anal our City. No landscaping changes anticipated.. Signage will.all lie mounted on the building's structure.. Ha exteritrr lighting changesanticipated. Utilities rlvill remain.. unchanged; gas, electric,. etc. IVo traffic impact anticipated.