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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-1/14/2013City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, January 14, 2013 City Council Chambers PRE COMMISSION MEETING 6:15 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION – In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 – Legal – Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER AND ROLL INVOCATION: Commissioner Byerly PLEDGE OF ALLEGIANCE 1. APPROVAL OF MINUTES December 10, 2012 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 3. REGULAR AGENDA ITEMS 3a Consideration of a waiver request to the sidewalk requirements on Lot 1, Block 1, of the Bransford Pointe Addition located at 5016 Bransford Road, Case GC12-023 Planning and Zoning Commission Commission Agenda January 14, 2013 City of Colleyville Page 2 3b Consideration of a waiver request to the sidewalk requirements on Lot 1, Block 1, of the Renaissance Estates Addition located at 412 Glade Road, Case GC12-024 3c Consideration of a waiver request to the sidewalk requirements on Lot N, Block 5, of the Chelsea Park Addition located at 1716 Glade Road, Case GC12-026 4. PUBLIC HEARING AGENDA ITEMS 4a Request for a zoning change from AG-Agricultural to PUDR on Tract 1A, Abstract 1732 of the S.C.H. Wilton Survey and Tract 4A1, Abstract 1518, of the D.R. Teeter Survey located at 2501 Cheek-Sparger Road, Case ZC12- 029 4b Request for a Special Use Permit for a carport on Lot 19, Block 2, of the Briarwood-Colleyville Addition located at 5804 Quails Path, Case ZC12-032 4c Consideration of amendments to Chapter 3 - Land Use, Section 3.24 – Schedule of Permitted Principle Uses of the Land Development Code, Case GC13-001 5. CONTINUED PUBLIC HEARING ITEM 5a Consideration of a request to rezone from R20-Single Family Residential to PUD-R-Planned Unit Development Residential on 12.0 acres on Tracts 3, 3E and 3F, of Abstract 936 of the Joseph M Looney Survey and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, Case ZC12-025 6. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards January 11, 2013 by 5:00 p.m. Taci Wrisley Planning and Zoning Assistant Planning and Zoning Commission Commission Agenda January 14, 2013 City of Colleyville Page 3 Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 01/14/2013 Number Type Approval of Minutes Department Community Development Title December 10, 2012 Explanation Recommendation Attachments 1.Planning & Zoning Commission Minutes - December 10, 2012 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, December 10, 2012 City Council Chambers Call Meeting to Order The Planning and Zoning Commission of the city of Colleyville was called to order by Chairman Byerly on December 10, 2012 at 7:15 p.m. Roll Call Present: Commissioners Larry Knox, David Wheelwright, Jim Gotcher, Don Davis, David Phelps, and Jeff Byerly Absent: Commissioner Dave Dudziak Staff Present: Ron Ruthven, Amy Shelley, Rob McKeown, Jeremy Hutt, Dale Crown, and Kim Roby Invocation The invocation was given by Commissioner Wheelwright. 1. APPROVAL OF MINUTES Commissioner Phelps moved to approve the November 26, 2012 meeting minutes. Commissioner Davis seconded. The motion to approve carried with the following vote: Aye: 6 – Knox, Wheelwright, Gotcher, Phelps, Davis, and Byerly 2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no citizen comments/presentations regarding items not on the agenda. Planning and Zoning Commission Commission Minutes December 10, 2012 City of Colleyville Page 2 3. REGULAR AGENDA ITEMS 3a Approval of a Final Plat of Lots 1-6, Block 1, of the Black Drive Subdivision on 2.78 acres located at 200 Black Drive, Case PC12-019 Ron Ruthven presented the case and briefed the Commission. Commissioner Davis moved to approve case PC12-019. Commissioner Wheelwright seconded. The motion to approve carried with the following vote: Aye: 6 – Knox, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4. PUBLIC HEARING AGENDA ITEMS 4a Approval of a replat on 4.2 acres on Lots 1 and 2, Block 1, of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case PC12 -018 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:21 p.m. There being no one wishing to speak, the public hearing was closed at 7:21 p.m. Commissioner Phelps moved to approve case PC12-018. Commissioner Knox seconded. The motion to approve carried with the following vote: Aye: 6 – Knox, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4b Consideration of a request for a Special Use Permit for a donation station on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117 -B Colleyville Boulevard, Case ZC12-027 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:25 p.m. Brian Utzman, the applicant, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Utzman regarding if the items will be Planning and Zoning Commission Commission Minutes December 10, 2012 City of Colleyville Page 3 picked up immediately. Mr. Utzman replied yes, those items are picked up as soon as the business opens. There being no one wishing to speak, the public hearing was closed at 7:27 p.m. Commissioner Knox moved to approve case ZC12-027 with the recommendations made by staff. Commissioner Gotcher seconded. Commissioner Phelps stated that he wished to amend the staff recommendation, Letter D, to say that the items must be picked up as soon as possible, during business hours. The motion to approve carried with the following vote: Aye: 6 – Knox, Wheelwright, Gotcher, Davis, Phelps, and Byerly 4c Consideration of a request to rezone from R20 -Single Family Residential to PUD-R-Planned Unit Development Residential on 12.0 acres on Tracts 3, 3E and 3F, of Abstract 936 of the Joseph M Looney Survey and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, Case ZC12 - 025 Ron Ruthven presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:35 p.m. Paul Spain and Curtis Young came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Spain regarding the drainage. Mr. Spain explained the drainage for the subject property. Commissioner Phelps questioned Mr. Spain regarding the fencing, will there be multiple fences. Mr. Spain explained that they plan to work with the homeowners regarding the fencing to eliminate multiple fences. Commissioner Davis questioned Mr. Spain regarding if there will be a wall at Glade and Bluebonnet. Mr. Spain replied no. He stated they will maintain an open site. Commissioner Davis questioned Mr. Spain regarding the trees. Mr. Spain replied that they will be working on cleaning up the dead trees but most will stay since they wish to save as many as possible. Commissioner Davis questioned Mr. Spain regarding what percentage of the Planning and Zoning Commission Commission Minutes December 10, 2012 City of Colleyville Page 4 trees to the north will be preserved. Mr. Spain replied that they are looking to replace most of those. He stated there will be additional trees on each residential lot. Commissioner Davis questioned Mr. Spain regarding the drainage issues, how can those fixes be ensured for the drainage issues. Mr. Spain replied that they feel that they will be able to fix the drainage issues and concerns. He explained the drainage for the subject property and how they will be able to correct those issues. Commissioner Davis questioned Mr. Spain regarding the size of the proposed drainage pipes. Mr. Spain replied that they vary between the total developments. Jay Volk, the engineer for the project, came forward to explain the drainage information for the subject property. Commissioner Knox complimented Mr. Spain regarding the drainage and the development. He however stated having concerns for the emergency outflow onto Glade. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition to this request with concerns for drainage. Mark Seabeck, 5141 Stonebridge Drive, spoke in opposition to this request with concerns for drainage, traffic, and persons fishing in the ponds. Lisa Pomeroy, 4712 Behrens, spoke in opposition to this request with concerns for the density and traffic. David Gardner, 5017 Bluebonnet, spoke in opposition to this request with concerns for the density and traffic. He further stated being in support of this request if the density were lower. Jimmy Callahan, 5019 Bluebonnet, spoke in opposition to this request with concerns for the density, traffic, and the trees being lost. Steve Hickson, 1315 Glade Road, stated being in conflict with the request (support & opposed). He stated being concerned about the open space; he wants the open space to stay in this location. He stated having concerns for traffic and the intersection of Glade and Bluebonnet. Brian Barry, 5000 Stonebridge Drive, spoke in opposition to this request with concerns for the best use of this property. He further concurred with other speakers. Planning and Zoning Commission Commission Minutes December 10, 2012 City of Colleyville Page 5 Jesse Cobb, Cherry Lane, spoke in opposition to this request with concerns for the traffic, density, and drainage. Dan Winters, 5013 Rose Street, spoke in opposition to this request with concerns for the density and traffic. Matt Quinn, 5020 Stonebridge Drive, spoke in opposition to this request with concerns for the gate aspect of the community, density, traffic, home values, and drainage. Captain Patch, 5144 Stonebridge Drive, spoke in opposition to this request with concerns for drainage. Allen Davis, 1500 and 1504 Cherry Lane, spoke in opposition to this request with concerns for density, drainage, and traffic. There were five persons who registered their opposition but did not wish to speak. There being no one wishing to speak, the public hearing was closed at 8:56 p.m. Mr. Spain came forward to express his wishes for this development and he tried to address the concerns of the neighbors. Commissioner Gotcher stated having concerns for the detention ponds being tied into the existing drainage ponds in the Bridges at Riverwalk. Mr. Spain explained the drainage patterns and further said this was the better of the two options they had Commissioner Wheelwright questioned Mr. Spain regarding if he has developed 50 lots on such small acreage. Mr. Spain replied yes, in Keller. Commissioner Wheelwright questioned Mr. Spain regarding the size of the ponds and if there are any back up plans, if not tying into the ponds. Mr. Spain replied that they must tie into those ponds and he supports the City’s staff regarding the engineering of the drainage as well as their consultants. He stated that they will comply with the City’s requirements regarding drainage. Commissioner Davis questioned Mr. Spain regarding the size of the existing ponds. Mr. Spain stated that they hired a firm to look at the project with the overall area, and he stated that they have agreed that the ponds are the correct size for this drainage. Planning and Zoning Commission Commission Minutes December 10, 2012 City of Colleyville Page 6 Commissioner Davis questioned staff regarding if the ponds will meet the requirements of the City. Ron Ruthven referred that to City Engineer, Jeremy Hutt. Jeremy Hutt stated that they have met with their firm but the existing sizing has not been approved and will not be calculated until the design engineers have approved. Commissioner Phelps questioned staff regarding the drainage process with the requirements of the City of Colleyville standards. Jeremy Hutt explained the drainage process and stated that nothing has been finalized as of yet. Commissioner Phelps questioned staff regarding the preferred method of drainage. Jeremy Hutt replied no, there was not a preferred method. Commissioner Davis questioned staff regarding when this project is finished, the flow rates will remain the same. Jeremy Hutt replied correct, with the addition of the drainage ponds, the flow rates would be the same as they are today. Commissioner Davis question staff regarding the existing watering holes. Jeremy Hutt explained there was an existing stock pond but was not included in a drainage system. He further explained that he believed there were two ponds proposed for this development. Commissioner Gotcher questioned staff regarding the Bridges of Riverwalk and if they would be better off, with this new drainage system, once the new development comes in. Jeremy Hutt replied that the drainage would not be an issue for the individual lots because the drainage would be flowing through an underground drainage system. Discussion continued between staff and Commissioner Gotcher regarding the flow of drainage. Commissioner Phelps questioned staff regarding the existing drainage problems experienced by Bridges of Riverwalk. Jeremy Hutt replied that the development was designed to drain in its current pattern until the adjacent lot developed. Commissioner Phelps questioned staff regarding the previous attempt at a drainage system on the property. Jeremy Hutt replied that the ponds are currently stubbed out for a drainage system but are not ready to be used as such. Commissioner Byerly questioned staff regarding the tree information; no windows on the second floor. Ron Ruthven replied that the window Planning and Zoning Commission Commission Minutes December 10, 2012 City of Colleyville Page 7 information was not included in the draft ordinance. Commissioner Byerly questioned staff regarding the drainage. Ron Ruthven explained that the ordinance does not address the drainage since it must meet the requirements of the Land Development Code. Commissioner Phelps questioned Mr. Spain regarding the open space requirement; would he be willing to give up one or two lots to meet the open space requirement? Mr. Spain replied that he preferred not to lose any lots but is willing to look into it. Commissioner Phelps questioned Mr. Spain regarding the sidewalks along Bluebonnet, are they going to be straight or curved? Mr. Spain replied that they are typically straight. Commissioner Phelps questioned Mr. Spain regarding if the open space along the south would be gated. Mr. Spain replied no, it is open to the public. Commissioner Phelps questioned Mr. Spain regarding the location of the open space and if moving it to the other entrance had been considered. Mr. Spain replied that he felt the south entrance worked best for aesthetic reasons. Commissioner Byerly questioned Mr. Spain regarding the Cherry Lane entrance and why it was being referred to as a “resident” entrance. Mr. Spain replied that residents would be able to use gate openers to gain access to the subdivision. Commissioner Byerly questioned staff regarding the cuing along Bluebonnet into the gated portion of the community. Ron Ruthven replied that there are no cuing requirements. He further explained that there was a turnaround distance requirement. Mr. Spain stated that the main entrance has that feature. Commissioner Knox stated not knowing that there are existing problems in the Bridges development. He stated not knowing that he can support the request with the density and lack of open space. Commissioners Davis and Gotcher concurred. Commissioner Byerly stated that this is a good buffering area considering that the open space in the Riverwalk development is all detention ponds. He stated that he does see that the open space requirements can be met with the reduction in the number of lots. Commissioner Phelps concurred with Commissioners Knox, Davis and Gotcher Planning and Zoning Commission Commission Minutes December 10, 2012 City of Colleyville Page 8 with keeping the compliance with the open space. He stated being hesitant on dictating the resolution. He stated he would be in favor of reducing the density. Mr. Spain requested that this item be tabled until the next so that they may revise their plan. Commissioner Byerly questioned Mr. Spain if the 20% open space could be used as a blanket or would they be able to come up with a more comprehensive plan. Commissioner Davis moved to deny case ZC12-025. Commissioner Gotcher seconded. Commissioner Phelps questioned staff regarding if the 20% requirement has been met to trigger a super-majority vote with City Council. Ron Ruthven explained that a legal assessment had not been done but by his calculations, yes, there could be a super-majority vote required by City Council. Commissioner Byerly stated he had hoped they could get a version of th is development that they could pass on to Council. He further explained that he felt this was a responsible development and that the developers have listened to the citizens concerns. Commissioner Wheelwright stated he would be open to an amendment, opposed to a denial. Commissioner Davis stated that he would also be open to anything but was not sure how they would be able to lower the density and still make money. Commissioner Byerly stated if they could get to the 20% then it would be possible for them to make money. Discussion continued between Commissioner Davis and Byerly regarding the requirements and the density. Commissioner Gotcher stated he felt comfortable with suggesting that the developer get with the city to address some of the major issues and see what they could come back with. Commissioner Davis withdrew his motion to deny in favor of tabling the request. Commissioner Wheelwright stated he echoed the residents and felt that Mr. Spain intends to continue to work with the city and the residents regarding the drainage issues. Planning and Zoning Commission Commission Minutes December 10, 2012 City of Colleyville Page 9 Commissioner Phelps questioned whether or not the motion and the second had been successfully withdrawn. Commissioner Gotcher withdrew his second. Commissioner Davis made motion to table to Jan. 14 th. Commissioner Phelps moved to second. Commissioner Byerly made a motion to deny case ZC12-025. The motion to table carried with the following vote: Aye: 7 – Knox, Wheelwright, Gotcher, Davis, and Phelps Nay: 1 - Byerly 5. ADJOURNMENT The meeting adjourned at 9:20 p.m. Minutes were written and prepared by: Amy Shelley Community Development Coordinator The meeting minutes were approved on January 14, 2013 by a vote of ___________. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3a Agenda Date 01/14/2013 Number GC12-023 Type Regular Agenda Items Department Community Development Title Consideration of a waiver request to the sidewalk requirements on Lot 1, Block 1, of the Bransford Pointe Addition located at 5016 Bransford Road, Case GC12-023 Explanation Susan Quinn is requesting a waiver to the construction of a sidewalk for a new home located at 5016 Bransford Rd. Requirements. The newly constructed single family home triggered the sidewalk requirements. According to the Supplemental Sidewalk System Map and new Land Development Code standards, approved by the City Council on November 18, 2008 and March 3, 2009, respectively, for lots located along Glade Rd., construction of a 5 foot wide sidewalk is recommended along Bransford. In addition, the option to escrow is available along the Lloyd frontage. The Land Development Code gives the Planning and Zoning Commission authority to review and consider all requests for waivers to the new Supplemental Sidewalk System Map and Land Development Code regulations. The Planning and Zoning Commission options in this case are as follows: (1) Approve the waiver - This action would waive sidewalk and trail construction, which is required by the Supplemental Sidewalk System Map. (2) Deny the waiver - The applicant would be required to build a sidewalk and trail on the property. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Require Escrow - The Planning and Zoning Commission may require payment into escrow in an amount to be determined by the City Engineer. District Neighborhood. If the Planning and Zoning Commission gives the applicant the option for paying into escrow versus constructing the sidewalk, the monies received will be available for any future sidewalks and/or trails located within District Neighborhood #5. Planning and Zoning Commission Agenda Briefing 3a City of Colleyville Page 2 Recommendation Attachments 1.Location and Zoning Map 2.Aerial Looking West - 5016 Bransford 3.Colleyville Sidewalk Escrow Neighborhoods 4.Supplemental Sidewalk System Map Location and Zoning Map R30 R20 R40 RMF PUDR R20 CC1 AG R40 Site Aerial Looking West Bransford Road Ll o y d C i r c l e 5016 Supplemental Sidewalk System Map Site City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3b Agenda Date 01/14/2013 Number GC12-024 Type Regular Agenda Items Department Community Development Title Consideration of a waiver request to the sidewalk requirements on Lot 1, Block 1, of the Renaissance Estates Addition located at 412 Glade Road, Case GC12-024 Explanation Stan Jordan is requesting a waiver to the construction of a trail for a new home located at 412 Glade Rd. Requirements. The newly constructed single family home triggered the trail requirements. According to the Supplemental Sidewalk System Map approved by the City Council on November 18, 2008 and March 3, 2009, respectively, for lots located along Glade Rd., construction of a 10 foot wide trail is recommended. The Land Development Code gives the Planning and Zoning Commission authority to review and consider all requests for waivers to the Supplemental Sidewalk System Map. The Planning and Zoning Commission options in this case are as follows: (1) Approve the waiver - This action would waive sidewalk and trail construction, which is required by the Supplemental Sidewalk System Map. (2) Deny the waiver - The applicant would be required to build a sidewalk and trail on the property. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Require Escrow - The Planning and Zoning Commission may require payment into escrow in an amount to be determined by the City Engineer. District Neighborhood. If the Planning and Zoning Commission gives the applicant the option for paying into escrow versus constructing the sidewalk, the funds received will be available for any future sidewalks and/or trails located within District Neighborhood #5. Recommendation Planning and Zoning Commission Agenda Briefing 3b City of Colleyville Page 2 Attachments 1.Location and Zoning Map 2.Aerial 3.Colleyville Sidewalk Escrow Neighborhoods 4.Supplemental Sidewalk System Map Location and Zoning Map SITE SITE AERIAL Supplemental Sidewalk System Map Site City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3c Agenda Date 01/14/2013 Number GC12-026 Type Regular Agenda Items Department Community Development Title Consideration of a waiver request to the sidewalk requirements on Lot N, Block 5, of the Chelsea Park Addition located at 1716 Glade Road, Case GC12-026 Explanation Larry Chappell is requesting a waiver to the construction of a trail for a new home located at 1716 Glade. Requirements. The newly constructed single family home triggered the trail requirements. According to the Supplemental Sidewalk System Map approved by the City Council on November 18, 2008 and March 3, 2009, respectively, for lots located along Glade Rd., construction of a 10 foot wide trail is recommended. The Land Development Code gives the Planning and Zoning Commission authority to review and consider all requests for waivers to the Supplemental Sidewalk System Map. The Planning and Zoning Commission options in this case are as follows: (1) Approve the waiver - This action would waive sidewalk and trail construction, which is required by the Supplemental Sidewalk System Map. (2) Deny the waiver - The applicant would be required to build a sidewalk and trail on the property. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Require Escrow - The Planning and Zoning Commission may require payment into escrow in an amount to be determined by the City Engineer. District Neighborhood. If the Planning and Zoning Commission gives the applicant the option for paying into escrow versus constructing the sidewalk, the funds received will be available for any future sidewalks and/or trails located within District Neighborhood #3. Recommendation Planning and Zoning Commission Agenda Briefing 3c City of Colleyville Page 2 Attachments 1.Location and Zoning Map 2.Aerial 3.Colleyville Sidewalk Escrow Neighborhoods 4.Supplemental Sidewalk System Map Location and Zoning Map SITE SITE AERIAL Supplemental Sidewalk System Map Site City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4a Agenda Date 01/14/2013 Number ZC12-029 Type Public Hearing Agenda Items Department Community Development Title Request for a zoning change from AG-Agricultural to PUDR on Tract 1A, Abstract 1732 of the S.C.H. Wilton Survey and Tract 4A1, Abstract 1518, of the D.R. Teeter Survey located at 2501 Cheek-Sparger Road, Case ZC12-029 Explanation Gary Panno and Bryan Adams have submitted a request to change the zoning on 2.99 acres, located at 2501 Cheek Sparger Road. The applicant is requesting to rezone the property from AG – Agricultural to PUD-R-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 12 new residential lots and open space. Existing Conditions. The subject property currently consists of a single family residence however, the plan is to demolish the single family residence. Additional approval of a preliminary and final plat will be required upon approval of the rezoning request. Statement of Planning Objectives. The applicant has submitted a Statement of Planning Objectives (attached) which contains a detailed description of the proposed development. Lot Dimensions and Setbacks. The PUD-R 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. Per the details of the Statement of Planning Objectives and the Conceptual Site Plan (attached), the applicant proposes the following lot widths: Eight (8) lots (Lots 1-5 and 10-12) are proposed at 55 feet measured at the building setback line. The four (4) other lots are to be aligned along the cul-de-sac and have variable lots widths as measured at the front building setback line. Lot area is proposed as follows: The minimum lot size is proposed at 6,050 square feet (Lots 10-12) and increasing to 8,355 square feet (Lot 7) Per the Conceptual Site Plan, the minimum lot depth is proposed to be 105 feet (lots Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 2 which front the cul-de-sac) Setbacks are proposed as follows: Front Yard Setbacks: For lots with a J-Swing Garage: 10 feet For lots with a front entry: 20 feet Rear Yard Setbacks: For lots on the western side of the development: 10 feet For lots on the eastern side of the development: 15 feet Side Yard Setbacks: 5 feet Maximum Lot coverage: 80 percent Maximum Height: 35 feet Residential Design Requirements. Homes will be both single and two story construction. Lots 7 and 8 are proposed to be single story homes. For two story homes on Lots 1-6, there will be no windows, balconies or verandas on the second floor of the rear elevation. Surrounding Development Trends. The site is located between a large lot residential subdivision to the north and east, zoned R-30 and a denser townhome project to the west, zoned PUD-R. Screening and Trees. A wood screening fence, not to exceed eight feet in height, will be constructed at the property lines adjacent to other residential properties to the east, north, and west, as shown on the conceptual site plan. A variable height screening fence, constructed of a combination of brick, stone, and wrought iron will be constructed along the south portion of the property adjacent to Cheek-Sparger Road. The screening will be continuous along the boundary, with the exception of the entry road right-of-way. The maintenance of the wood fence, masonry fence, and landscaping will be the responsibility of the Homeowners Association. Additional tree plantings will occur along the north and east property lines to provide buffering. Trees will be a 3” caliper minimum and generally placed with 30 feet of spacing. Open Space. The PUD-R regulations require a minimum 20 percent of the Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 3 development be reserved for open space for use by the residents of the development. The Statement of Planning oOjectives acknowledges the requirement of code and states the development shall provide 21.3 percent, which is compliant with code. All open space shall be landscaped and maintained by the Homeowners Association. No more than 50 percent of the open space area shall be utilized for storm water detention or retention. No detention or retention ponds are proposed per the Conceptual Plan. The proposed common space area is confined to the western portion and southern frontage of the development, with most of the space located between Lots 9 and 10. Preliminary Drainage Analysis. The developer has submitted a Preliminary Drainage Analysis of the site, which is to be reviewed by the City of Colleyville Engineering Division. Conditions associated with drainage and storm water runoff shall be set and enforced at the time of platting. Sidewalks and Trails. The Statement of Planning Objectives does not provide details on sidewalk construction and notes that sidewalks are to be constructed in accordance with the requirements of the Colleyville Land Development Code. The 2008 Supplemental Sidewalk System Map does not indicate the requirement of sidewalks. However, according to the Colleyville Pathways Plan, a 10 foot wide trail along the north side of Cheek-Sparger Road, extending from Jackson Road to Heritage Avenue, is required. The trail must be installed prior to the issuance of a final inspection. Development Schedule. The applicant provided the following preliminary schedule of key development dates: • Zoning approval: February 2013 • Preliminary Plat Approval: March 2013 • Final Plat Approval: June 2013 • Infrastructure construction Start: July 2013 • Infrastructure Construction Completion: October 2013 • Initial Homes Complete: February 2014 • Grand opening: April 2014 Traffic Generation and Access. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 4 suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 12 lot development would add approximately 115 vehicle trips per day to the surrounding roadways. Only one means of ingress and egress access is required for subdivisions with 12 lots or less. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The 2004 Colleyville Master Plan states that densities higher that 1.8 units per acre would be acceptable in those areas deemed consistent with sound land use planning principles. The proposed development would be situated between an existing residential uses. The proposed development of 12 residential units on the 2.98 acre property will produce a residential density of 4.02 dwelling units per acre. The proposed residential density is comparable to other approved small lot PUD-R developments within the City of Colleyville. The Small Lot Development Comparison, attached to this briefing, provides a comprehensive listing of recently approved developments with residential densities that exceed 1.8 dwelling units per acre. Master Plan. The Future Land Use Plan designates the entire subject property for single family residential and is consistent with the proposed use of this development. Public Notification. Staff mailed notices to 33 adjacent property owners as well as all Homeowners Associations within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received five letters in opposition to this request. Summary. The proposed zoning change is consistent with the Future Land Use Plan, which designates the subject property as single family residential uses. While the proposed development exceeds the residential density of 1.8 dwelling units per acre, the proposed density is in line with other small lot subdivisions approved throughout the City of Colleyville, as referenced in the attached “Small Lot Subdivision Comparison” chart. The location of the proposed development will provide a viable transitional element between the higher density PUD-R townhome subdivision to the west, and the collection of R-30 single family properties to the east. Furthermore, the proposed open space, at the front of the development, will provide a buffer to the effect and aesthetic of the density rate proposed. Given the proposed use compliments surrounding developments, and is consistent with the Future Land Use Plan, staff recommends approval of the development with the conditions outlined in the proposed ordinance. Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 5 Recommendation Approval with the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 4.02 dwelling units per acre. b. This development shall be generally consistent with the attached Statement of Planning Objectives. c. The proposed development is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. DEVELOPMENT PLAN AND PLATTING a. The development shall be generally consistent with the attached conceptual site plan, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on the conceptual site plan to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat, approved as a single phase, in accordance with the requirements of the Land Development Code prior to development of this PUD-R. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions: a. 8 lots (Lots 1-5 and 10-12) shall be 55 feet wide as measured at the building setback line. The 4 other lots aligned along the cul-de-sac shall have variable lots widths as measured at the front building setback line. Lot area shall be required as follows: a. The minimum lot size shall be 6050 square feet (Lots 10-12), increasing to 8355 Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 6 square feet (Lot 7). b. Per the Conceptual Site Plan, the minimum lot depth shall be a minimum of 95 feet (Lots that front the cul-de-sac) Setbacks shall be as follows: a. Front Yard Setbacks: 1. For lots that have a J-Swing Garage: 10 feet 2. For lots that have a front entry: 20 feet b. Rear Yard Setbacks: 1. For lots on the western side of the development: 10 feet 2. For lots on the eastern side of the development: 15 feet c. Side Yard Setbacks: 5 feet Maximum Lot coverage: 80 percent Maximum Height: 35 feet 5. RESIDENTIAL DESIGN REQUIREMENTS The following requirements shall apply to all homes constructed in this development: a. Homes will be both single and two story construction. Lots 7 and 8 are required to be single story homes. For two story homes on lots 1-6, there shall be no windows, balconies or verandas on the second floor. b. Masonry: The exterior wall of all homes shall be composed of 100% masonry materials. Approved masonry materials shall adhere to the masonry materials allowed in Chapter 6 of the Land Development Code. 6. OPEN SPACE a. This development shall provide a minimum of 21.3% common open space, as shown on the conceptual site plan, which shall be for the leisure and recreational use of the development’s residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space may be utilized for storm water retention not to exceed 25% of the Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 7 common open space area. 7. RESIDENTIAL DENSITY REQUIREMENTS a. Residential density shall not exceed 4.02 dwelling units per acre 8. SCREENING AND TREES a. A wood screening fence, not to exceed eight feet in height, shall be constructed at the property lines adjacent to other residential properties to the east, north and west, as shown on the conceptual site plan. b. A variable height screening fence, constructed of a combination of brick, stone and wrought iron shall be constructed along the south portion of the property adjacent to Cheek-Sparger Road. The screening will be continuous along the boundary with the exception of entry road right-of-way. Maintenance of the wood fence, masonry fence and landscaping shall be the responsibility of the Homeowners Association. c. Additional tree plantings shall occur along the north and east property lines to provide buffering. Trees will be a 3” caliper minimum and generally placed with 30 feet of spacing. 9. Drainage An approved drainage analysis shall conform to the conditions set by the City of Colleyville Engineering Division. 10. Colleyville Pathways Plan A 10 foot wide trail shall be constructed in accordance with the conditions and timing of the Colleyville Pathways Plan as set forth by the City of Colleyville Parks Department and the Supplemental Sidewalks Map. Attachments 1.Location and Zoning Map 2.Notification List 3.Buffer Map 4.Aerial 5.Letters of Opposition 6.Statement of Planning Objectives 7.Development Plan 8.Conceptual Site Plan 9.Small Lot Subdivision Comparison 10.Proposed Ordinance Planning and Zoning Commission Agenda Briefing 4a City of Colleyville Page 8 39 2 9 3903 4108 4110 2601 2504 2507 3902 2501 3900 3901 2503 2501 2502 25004001 39 9 5 39 9 3 39 9 1 39 7 8 39 7 6 39 7 4 39 7 0 3986 3984 3980 3982 39 7 9 39 7 7 39 7 5 3966 3964 3962 396039 3 0 39 3 2 39 3 4 3961 39 3 3 39 3 1 39 2 7 39 2 5 39 2 3 39 2 1 2400 3963 3965 3967 CHEEK SPARGER RD JAC K S O N R D ST J A M E S C T / 1 inch = 150 feet0 300 Feet Location and Zoning Map Subject Property Legend AG Agricultural PUD-R Planned Unit Development, Residential R-30 Single Family Residential (30,000 sq. ft. min) R-40 Single Family Residential (40,000 sq. ft. min) Owner Name Owner Address Owner City Owner State Owner Zip Situs Address USHER, DAVID R ETUX LEIGH 5110 INVERNESS DR BRYAN TX 77802 3927 SPRING GARDEN DR WINSTEAD, DEBRA 717 CREEKVIEW LN COLLEYVILLE TX 76034 3921 SPRING GARDEN DR BROWN, ARLYN J & DOLORES A 3995 SPRING GARDEN DR COLLEYVILLE TX 76034 3995 SPRING GARDEN DR SPALDING, DAVID L 3993 SPRING GARDEN DR COLLEYVILLE TX 76034 3993 SPRING GARDEN DR KIMBELL, ISHAM M IV ETUX CHERE 3986 WITTEN DR COLLEYVILLE TX 76034 3986 WITTEN DR SWARTZ, JAMES ETUX PATRICIA 3991 SPRING GARDEN DR COLLEYVILLE TX 76034 3991 SPRING GARDEN DR WILSON, WILLIAM W ETUX SANDRA 3982 WITTEN DR COLLEYVILLE TX 76034 3982 WITTEN DR MURLEY, PAULA H 3967 HOLIDAY DR COLLEYVILLE TX 76034 3967 HOLIDAY DR SEARFOSS, JOHN 3965 HOLIDAY DR COLLEYVILLE TX 76034 3965 HOLIDAY DR BOECKENSTEDT, G L ETUX PATRICI 3964 HOLIDAY DR COLLEYVILLE TX 76034 3964 HOLIDAY DR KAVANAUGH, GAY TR PO BOX 188 COLLEYVILLE TX 76034 3963 HOLIDAY DR KOHLRUSS, JANIS L 3962 HOLIDAY DR COLLEYVILLE TX 76034 3962 HOLIDAY DR ROBERTSON, BILL ETUX MARY 3961 HOLIDAY DR COLLEYVILLE TX 76034 3961 HOLIDAY DR MARRIN, WILLIAM ETUX MARGARET 3960 HOLIDAY DR COLLEYVILLE TX 76034 3960 HOLIDAY DR HINSON, RUTH B (TRUSTEE)3966 HOLIDAY DR COLLEYVILLE TX 76034 3966 HOLIDAY DR DELCASTILLO, HENRY 3980 WITTEN DR COLLEYVILLE TX 76034 3980 WITTEN DR KURUVALLI, BHARATH ETUX HARIC 3925 SPRING GARDEN DR COLLEYVILLE TX 76034 3925 SPRING GARDEN DR LINK, DAVID J ETUX MYONA 3923 SPRING GARDEN DR COLLEYVILLE TX 76034 3923 SPRING GARDEN DR HASSETT, ROBERT G ETUX PHYLLIS 2500 KENSINGTON PL COLLEYVILLE TX 76034 2500 KENSINGTON PL HASHEM, ROBBIE A 2501 KENSINGTON PL COLLEYVILLE TX 76034 2501 KENSINGTON PL EVANS, MICHAEL D ETUX CAROLYN 2502 KENSINGTON PL COLLEYVILLE TX 76034 2502 KENSINGTON PL MCAFEE, THOMAS DEAN 2504 KENSINGTON PL COLLEYVILLE TX 76034 2504 KENSINGTON PL SQUIRES, KEITH ETUX KATHY 3902 ST JAMES CT COLLEYVILLE TX 76034 3902 ST JAMES CT SMITH, TED W & ANDREA 3900 ST JAMES CT COLLEYVILLE TX 76034 3900 ST JAMES CT SEARFOSS, RALPH P JR ETUX P A 3901 ST JAMES CT COLLEYVILLE TX 76034 3901 ST JAMES CT STATEPARK COLLEYVILLE LTD 4111 N CENTRAL EXPY STE 100 DALLAS TX 75204 3970 WITTEN DR STATEPARK COLLEYVILLE LTD 4111 N CENTRAL EXPY STE 100 DALLAS TX 75204 3970 WITTEN DR STATEPARK COLLEYVILLE LTD 4111 N CENTRAL EXPY STE 100 DALLAS TX 75204 3970 WITTEN DR MCKETHAN, HALLIE EST 5632 WILLS CREEK LN FORT WORTH TX 76179 2501 CHEEK SPARGER RD COLLINS, RICHARD D 7401 CABOT ESTATES DR MANSFIELD TX 76063 3984 WITTEN DR COLLEYVILLE SPRING GARDEN TNHM 1000 CENTRAL PKWY N STE 270 SAN ANTONIO TX 78232 OPEN SPACE SPRING GARDEN DR Hills of Central Park, HOA courtesy notice City of Bedford, Planning 2000 Forest Ridge Bedford TX 76021 courtesy notice Public hearing notices were mailed on Wed. Jan. 2, 2013 by Taci Wrisley. Buffer Map City of Bedford 2504 3902 2501 3900 2502 25004001 39 9 5 3986 3984 3980 3982 3966 3964 3962 3960 3961 39 2 3 39 2 1 3963 3965 3967 CHEEK SPARGER RD Aerial of 2501 Cheek Sparger GEORGE B. NAFTIS 4101 BUCKINGHAM PLACE COLLEYVILLE, TEXAS 76034 (972) 385-6227 (Office) (817) 267-0120 (Residence) January 10, 2013 Mr. Ron Ruthven Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Comments regarding proposed re-zoning of 2501 Cheek-Sparger Road Dear Mr. Ruthven, As a concerned homeowner in The Hills of Central Park, I do not support the proposed re-zoning request based on the current plan. The proposed housing density does match or even appropriately transition from our neighborhood where most homes are on one acre tracts with values over $1m. While the proposed sub-division may appear to be transitional from the town home development at the Northeast corner of Cheek Sparger Road and Jackson Roads, it is not at all transitional to the Hills of Central Park which borders the proposed development to the East and to the North. Neither is it transitional with the homes on the South side of Cheek Sparger Road that lie in the City of Bedford. The gross deviations required from the published standards in order to make this development economically viable, should be bell-weather to the developer, the Planning and Zoning Commissioners, and the community at large that this development simply does not fit well into the land area provided for it or the community in which it is planned. Thanks for your consideration. Sincerely, George B. Naftis Letters of Opposition January 10, 2013 Robbie A. Hashem 2501 Kensington Place Colleyville, TX 76034 To: Ron Ruthven Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Proposed re-zoning of 2501 Cheek-Sparger Road Dear Mr. Ruthven, I’m a resident of the “Hills of Central Park”, and I’m concerned about the proposed re-zoning request based on the current plan. I would like to voice my opposition to such plan. The proposed housing will create significant traffic & safety issues as well as additional traffic delays that are already troubling. The housing density, as proposed, does not come close to matching our neighboring community at the Hills of Central Park, especially when it comes to home values. Also, because of the natural elevation change of the subject property, homes built in such close proximity to our neighborhood border, as currently proposed, will create significant privacy issues even from first floor windows. Thank you in advance for your consideration. Sincerely, Robbie A. Hashem Letters of Opposition From:                              Julie ‐  LaDonna  Sent:                               Thursday, January 10, 2013 10:15 AM To:                                   Ron Ruthven Subject:                          zoning protest for new Land Use Plan for Property on Western Border of The Hills  of Central Park   Importance:                   High January 9, 2013     Mike/Carolyn Evans  2502 Kensington Pl  Colleyville, TX 76034  817‐267‐6539        Ron Ruthven  Community Development Department  City of Colleyville  100 Main Street  Colleyville, TX 76034     Re: Comments regarding proposed re‐zoning of 2501 Cheek‐Sparger Road     Mr. Ruthven,     As a concerned homeowner in The Hills of Central Park, I do not support the proposed re‐zoning request based on  the current plan.     The proposed housing density does match or even appropriately transition from our neighborhood where most  homes are on one acre tracts with values over $1m.     While the proposed sub‐division may appear to be transitional from the town home development at the Northeast  corner of Cheek Sparger Road and Jackson Roads, it is not at all transitional to the Hills of Central Park which  borders the proposed development to the East and to the North. Neither is it transitional with the homes on the  South side of Cheek Sparger Road that lie in the City of Bedford.     The gross deviations required from the published standards in order to make this development economically  viable, should be bell‐weather to the developer, the Planning and Zoning Commissioners, and the community at  large that this development simply does not fit well into the land area provided for it or the community in which it  is planned.     Because of the natural elevation change of the subject property, homes built in such close proximity to our  neighborhood border, as currently proposed, will create significant privacy issues even from first floor windows.     Thanks for your consideration.     Sincerely,     Mike Evans  Page 1of 1 1/11/2013file://M:\Briefings\Active Briefings\ZC12-029 AG to PUDR 2501 Cheek Sparger Rd\zoni... Letters of Opposition January 10, 2013 Wen-Chiang Wu 2507 Kensington Place Colleyville, TX 76034 (h) 817-329-3293 Ron Ruthven Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Comments regarding proposed re-zoning of 2501 Cheek-Sparger Road Mr. Ruthven, As a concerned homeowner in The Hills of Central Park, I do not support the proposed re-zoning request based on the current plan. My point as following pages Letters of Opposition A. Base on city district regulations document ( http://www.colleyville.com/dmdocuments/Ch.%2003%20Land%20Use%205-9- 10.pd ), the table on page 3-46 as next figure The PUD-R min size is 100’ X 120’, this purpose plan is 55’ X 110; it not even qualifies for PUD-C (70’X115’) or PUD-I (70’X115’). City may have some special rule can make this purpose plan to fit into PUD-R, but the Res. density change from 0.3 (AG max Density) to 4.2 (this purpose plan Density) is a huge jump, I think current environment not ready for that, in term of the traffic of Cheek-Sparger Road, neighborhood feeling and water runoff Letters of Opposition B. The Hills of Central Park community is the one of the best/biggest R-30 Zone community in the Colleyville, see following figure which I grab from http://colleyville.dfwmaps.com/ Not only that, it surround by huge R-20 and R-40 area, and this big area strongly present Colleyville life style (classic and elegant country type). Adding more PUD zone around it will slowly spread its damage; we don’t want to see after decade, homeowners keep moving out since our Colleyville style is ended. Stop this re-zoning plan is not only for those 200 foot surrounded neighborhood, it really for the spirit of Colleyville Thanks for your consideration. Sincerely, Wen-chiang Wu Letters of Opposition January 9, 2013 Keith and Kathy Squires 3902 Saint James Ct. Colleyville, TX 76034 817-233-7008 Ron Ruthven Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Subject: Comments regarding the proposed re-zoning of 2501 Cheek-Sparger Road Mr. Ruthven, Our family lives in The Hills of Central Park and our property directly borders the subject property at 2501 Cheek- Sparger Road. I also own and operate an IT services business with offices at 4209 Gateway Drive in Colleyville. I am also an owner of this commercial building. I would like to formally go on record as opposing the proposed zoning. Please allow me to highlight three key points for the Planning and Zoning Commission to consider: First, I understand that the property will be developed for some type of residential use and am not opposed to something reasonable being built. However the proposed density does not fit the area of town. Although there is a townhome community bordering the subject property to the west, I believe the development of that property was an anomoly that would likely never be repeated. Please consider that the larger surrounding area is comprised of almost exclusively R-40, R-30 and R-20 homes. Even a transitional property should fit more in line with the larger surrounding area and not just the immediate bordering property. Second, since the development will be right up against my backyard, I am keenly aware of the specific privacy issues that homes being built 15 feet away from my back wall will introduce. Even if the developer eliminates the windows/patios on a second floor, because of the elevation change of the subject property, even first floor windows will have a close and direct view into my backyard (please refer to the sample illustration). The reason we purchased a home in Colleyville on a .75 acre tract was to avoid this scenario. For any homes built on the north or east border, the developer should propose a plan with setbacks more in line with our neighborhood standards. Third, the developer spoke extensively with our HOA president and also hosted an informational meeting with our homeowners to present his plan and solicit feedback. Our home owners took the time to attend and provided extensive feedback and recommendations that would make a development something we could more easily support. Ideas included maintaining our current brick wall, changing the location of the greenspaces to create a buffer with our neighborhood, regrading the property to improve drainage, limiting homes on the east border to single story, reducing the number of homes, enlarging the minimum lot size, changing setbacks. Unfortunately, we do not believe the developer has acted in good faith as none of the recommendations we made to the developer have been incorporated into his proposed plan. Our family takes pride in living in Colleyville. We appreciate the high standards that our city officials have maintained that prioritize quality of life for our citizens. Respectfully yours, Keith and Kathy Squires Letters of Opposition Letters of Opposition Small Lot Subdivision Comparison Subdivision Lots Min. Width Min. Depth Min. Size Ave. Size Density Max. Lot Coverage Open Space Approval Date Villas of Caldwell Creek 43 59 115 6,594 7,408 3.7 d.u.a. 50% 18.3% O-97-1062 4.1.97 Bridges at Riverwalk 32 56 106 6,001 6,479 3.0 d.u.a. 50% 24% O-99-1192 12.21.99 Riverwalk at Colleyville 53 60 115 6,331 7,666 3.2 d.u.a. 50% 20% O-00-1210 4.4.00 Rosewood Villas 53 59 110 6,482 6,899 3.6 d.u.a. 60% 21.4% O-01-1286 8.8.01 Emerald Park 53 60 120 7,200 7,508 3.5 d.u.a. 50% 19.6% O-02-1366 10.1.02 Tiffany Park 72 60 100 7,200 7,580 3.5 d.u.a. 50% 20% O-04-1487 10.21.03 Tuscany 25 60 110 6,600 7,878 3.9 d.u.a. 50% 6.6% O-04-1442 2.17.04 Cambridge Place 35 50 58 4,500 5,300 4.2 d.u.a. 60% 22% O-04-1467 7.6.04 Villas at Oak Pointe 38 30/56 90/95 115 2,700 6,440 5,000 3.7 d.u.a. 90% 58% 22% O-06-1584 8.2.06 Copperglen 74 55 105 5,924 6,650 3.9 d.u.a. 65% 20% O-06-1595 10.17.06 Villas of Colleyville 22 59 115 6,655 8,936 3.4 d.u.a. 60% 21% O-07-1627 8.21.07 Enclave at Arbor Estates 67 65 120 8,700 9,350 2.9 d.u.a. 50% 19% O-07-1634 9.18.07 Creekside at Colleyville 16 50 105 5,000 7,257 2.4 d.u.a. 65% 20% O-07-1645 11.27.07 Somerset Manor 269 50/60 100 110 5,000 6,600 6,000 4.0 d.u.a. 50% 20.3% O-08-1672 5.6.08 The Preservation on Glade 50 50/55/6 0/75 100 6,000 9,000 7,204 4.15 d.u.a. 50% 15.7% n.a. Ivy glen Estates 12 55 105 6,050 6,325 4.01 d.u.a. 80% 21.3% n.a. d.u.a. = dwelling units per acre n.a. = not available ORDINANCE O-12-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 2.99 ACRES ON THE D.R. TEETER SURVEY, ABSTRACT NO. 1518 AND THE S.C.H. WRITTEN SURVEY, ABSTRACT NO. 1732, CITY OF COLLEYVILLE, TEXAS LOCATED AT 2501 CHEEK SPARGER RD FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC11-029; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference Ordinance O-12-XXXX Page 2 of 7 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 2.99 acres on the D.R. Teeter Survey, Abstract No. 1518 and the S.C.H. written survey, Abstract No. 1732 from the AG-Agricultural zoning district to the PUD-R- Planned Unit Development Residential zoning district, as depicted in the attached Exhibit “A” and as described in 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 4.02 dwelling units per acre. b. This development shall be generally consistent with the Statement of Planning Objectives, exhibit “C”. c. The subject property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. Ordinance O-12-XXXX Page 3 of 7 2. DEVELOPMENT PLAN AND PLATTING a. The development shall be generally consistent with the conceptual site plan, exhibit “D”, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on the conceptual site plan to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat, approved as a single phase, in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions: a. 8 lots (Lots 1-5 and 10-12) shall be 55 feet wide as measured at the building setback line. The 4 other lots aligned along the cul-de-sac shall have variable lot widths as measured at the front building setback line. Lot area shall be required as follows: a. The minimum lot size shall be 6050 square feet (Lots 10- 12), increasing to 8355 square feet (Lot 7). b. Per the Conceptual Site Plan, the minimum lot depth shall be a minimum of 95 feet (Lots that front the cul-de-sac). Setbacks shall be as follows: a. Front Yard Setbacks: 1. For lots that have a J-Swing Garage: 10 feet 2. For lots that have a front entry: 20 feet Ordinance O-12-XXXX Page 4 of 7 b. Rear Yard Setbacks: 1. For lots on the western side of the development: 10 feet 2. For lots on the eastern side of the development: 15 feet Side Yard Setbacks: 5 feet Maximum Lot coverage: 80 percent Maximum Height: 35 feet 5. RESIDENTIAL DESIGN REQUIREMENTS The following requirements shall apply to all homes constructed in this development: a. Homes will be both single and two story construction. Lots 7 and 8 are required to be single story homes. For two story homes on lots 1-6, there shall be no windows, balconies or verandas on the second floor. b. Masonry: The exterior wall of all homes shall be composed of 100% masonry materials. Approved masonry materials shall adhere to the masonry materials allowed in Chapter 6 of the Land Development Code. 6. OPEN SPACE a. This development shall provide a minimum of 21.3% common open space, as shown on the conceptual site plan, which shall be for the leisure and recreational use of the development’s residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space may be utilized for storm water retention not to exceed 25% of the common open space area. 7. RESIDENTIAL DENSITY REQUIREMENTS a. Residential density shall not exceed 4.02 dwelling units per acre Ordinance O-12-XXXX Page 5 of 7 8. SCREENING AND TREES a. A wood screening fence, not to exceed eight feet in height, shall be constructed at the property lines adjacent to other residential properties to the east, north and west, as shown on the conceptual site plan. b. A variable height screening fence, constructed of a combination of brick, stone and wrought iron shall be constructed along the south portion of the property adjacent to Cheek-Sparger Road. The screening will be continuous along the boundary with the exception of entry road right-of-way. Maintenance of the wood fence, masonry fence and landscaping shall be the responsibility of the Homeowners Association. c. Additional tree plantings shall occur along the north and east property lines to provide buffering. Trees will be a 3” caliper minimum and generally placed with 30 feet of spacing. 9. Drainage a. An approved drainage analysis shall conform to the conditions set by the City of Colleyville Engineering Department. 10. Colleyville Pathways Plan a. A 10 foot wide trail shall be constructed in accordance with the conditions and timing of the Colleyville Pathways Plan as set forth by the city of Colleyville Parks Department and the Supplemental Sidewalks Map. 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 Ordinance O-12-XXXX Page 6 of 7 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. 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 5th day of February 2013. The second reading and public hearing being conducted on the 19th day of February 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Ordinance O-12-XXXX Page 7 of 7 Matthew C. G. Boyle City Attorney Exhibit A Exhibit B – Legal Description City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 01/14/2013 Number ZC12-032 Type Public Hearing Agenda Items Department Community Development Title Request for a Special Use Permit for a carport on Lot 19, Block 2, of the Briarwood- Colleyville Addition located at 5804 Quails Path, Case ZC12-032 Explanation Tim Coltart, applicant and property owner, submitted a request for a Special Use Permit (SUP) for an attached carport on the northern end of the residence located at 5804 Quails Path. Carport Dimensions. The applicant is proposing an attached, 34 feet by 34 feet (1156 square feet) carport with stained cedar posts with a roof pitch of 1:12. The maximum height is proposed at 11 feet from natural grade. Waiver Requests. Section 3.27 of the Land Development Code sets development standards for carports. The proposed carport does not comply with the following standards: - A carport located within 10 feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. - Carports shall have a pitched roof of at least 12:2. - Posts shall be constructed of brick, stone, or decorative material. Wooden posts shall be prohibited. The proposed carport does not comply with these regulations, as the applicant requests to build to within 2.5 feet of the side property line. The applicant would like to construct a roof pitch that is only slightly angled (1:12) in order to match the long ranch style aesthetic of the primary residence. It is intended the posts be clad in stained cedar in order to not draw attention to the covered parking. Existing Conditions. The property is zoned R20-Single Family Residential and currently developed as single family residential use Public Notification. Staff notified 13 property owners within 200 feet as well as all Homeowners Associations within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 2 request. Summary. The Land Development Code requires carports be considered on a case-by- case basis, and must be approved by a Special Use Permit. Staff recommends denial of the request. However, should the Planning and Zoning Commission approve this request, staff recommends the following conditions: a) No more than one carport shall be permitted, and the carport shall remain as shown on Exhibit “C” labeled Dimensions from Above and Dimensions from Front. b) The carport shall have dimensions of 34 feet by 33.5 feet (1139 square feet). c) The carport shall not exceed 11 feet in height. d) The carport shall be located within the side yard setback and shall not be closer than 2.5 feet to the side property line e) The carport support columns shall be clad in stained cedar. f) The carport roof pitch shall be of 1:12 ratio. g) In the event the carport permitted under this ordinance is destroyed or damaged to an extent of more than 50 percent of its replacement cost, at the time of destruction, this Special Use Permit shall become null and void. h) The carport shall meet all regulations of the Land Development Code, except amended herein. Recommendation Denial Attachments 1.Location and Zoning Map 2.Notification List 3.Buffer Map 4.Aerial 5.Statement of Planning Objectives 6.Site Plan and Elevation 7.Exhibit and Elevation 8.Land Development Code Carport Regs 9.Proposed Ordinance Planning and Zoning Commission Agenda Briefing 4b City of Colleyville Page 3 210 206 207211 208 204 205 5812 58095808 5808 5809 5808 58055804 5804 5805 5804 5801 5904 5904 5901 5905 5901 5900 5900 5900 5901 5817 581758165816 5817 5809 5813 5812 5813 5812 5800 5801 5800 5801 5800 211 501 5613 5904 5900 5812 5808 5800 305 304 210 308 L D LOCKETT RD HU N T E R T R L QU A I L S P A T H QU A L I T Y H I L L CH E S T N U T B N D R-20 R-40 PUD-R / Location and Zoning Map Text Subject Property Owner Name Owner Address Owner City Owner Zip Situs Address DOODY, KEVIN J & KATHLEEN M 1109 SOMERSET BLVD COLLEYVILLE TX 76034 409 W L D LOCKETT RD STEWART, HAROLD W ETUX PAMELA PO BOX 612721 DFW AIRPORT TX 75261 5809 QUAILS PATH CASTANEDA, DAWN ETVIR JULIO G 5812 QUAILS PATH COLLEYVILLE TX 76034 5812 QUAILS PATH CLAYTON, P C III ETUX KATHERIN 5813 QUALITY HILL RD COLLEYVILLE TX 76034 5813 QUALITY HILL RD BENTLEY, GREGORY M 5809 QUALITY HILL RD COLLEYVILLE TX 76034 5809 QUALITY HILL RD KIK, MICHAEL ETUX DELISA 5808 QUAILS PATH COLLEYVILLE TX 76034 5808 QUAILS PATH COLTART, TIMOTHY S 5804 QUAILS PATH COLLEYVILLE TX 76034 5804 QUAILS PATH SAS, GERALDINE J 5805 QUALITY HILL RD COLLEYVILLE TX 76034 5805 QUALITY HILL RD LEVERETT, MATTHEW ETUX SIOMARA 5801 QUAILS PATH COLLEYVILLE TX 76034 5801 QUAILS PATH BARRON, CHARLEY WADE JR 5800 QUAILS PATH COLLEYVILLE TX 76034 5800 QUAILS PATH RISINGER, GARY P ETUX RANDALL 5801 QUALITY HILL RD COLLEYVILLE TX 76034 5801 QUALITY HILL RD COLLEYVILLE, CITY OF 100 MAIN ST COLLEYVILLE TX 76034 315 W L D LOCKETT RD DOODY, KEVIN J ETUX KATHLEEN M 1109 SOMERSET BLVD COLLEYVILLE TX 76034 401 W L D LOCKETT RD Public hearing notices were mailed on Wed. Jan. 2, 2013 by Taci Wrisley Buffer Map 5808 5804 5800 QU A I L S P A T H Aerial of 5804 Quails Path C. Residential Carport Regulations – Carports located in zoning districts which permit single family residential dwellings shall comply with the regulations contained in this section. 1. Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. 2. Carport Standards: A carport shall comply with the following regulations, unless the City Council in approving a Special Use Permit for a carport has imposed other requirements necessary in the particular case to protect the public interests. a. Size: A carport shall not exceed 480 square feet in area. The longest dimension on a carport shall not exceed 24 feet. b. Height: A carport shall not exceed a maximum height of 15 feet. The height shall be measured from the finished grade to the highest point of the roof. c. Setbacks: i. A carport located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The distance shall be measured between the two closest points of the carport and principal building. ii. A carport located 10 feet or more from a principal building may extend into a required side yard, provided all of the following conditions are satisfied: (1) every part of such carport is unenclosed except for necessary structural supports; (2) no part of the carport is less than five (5) feet from a side or rear lot line, and (3) the carport is located completely within the rear yard area as defined in these zoning regulations. d. Maximum Number Per Lot: one e. Paving and Street Access: The parking area of a carport shall be paved not less than nine feet (9’) by eighteen feet (18’) and provide access to a public street right-of-way. Said access shall be a minimum of nine feet (9’) in width and paved. All paved surfaces shall be either concrete, asphalt or pave-stone. f. Design Criteria: i. Roof - Carports shall have a pitched roof of at least 2:12. Flat roofs shall be prohibited. ii. Posts - Posts shall be constructed of brick, stone or decorative metal, such as metal lattice. For purpose of this requirement, decorative metal shall consist of twenty-five (25) percent opaque surfaces. The dimension of each post as viewed from each primary elevation shall not be less than twelve inches (12”) or more than forty-eight inches (48”). Any carport with two or more elevations that exceed the 48-inch criteria shall be considered an accessory building and be regulated as such. Wooden posts shall be prohibited. g. Adequacy of Plans and Specifications: The applicant requesting a Special Use Permit to construct a carport shall submit plans and specifications of the proposed carport for review. Said plans and specifications shall contain sufficient information to allow the City Council to determine that the proposed carport complies with these regulations and the City Council may require additional information when necessary to clarify the applicant’s request. At a minimum, the drawings shall contain a plot plan, elevation views and a description of the construction materials. Land Development Code Carport Regulations ORDINANCE O-12-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 19, BLOCK 2 OF THE BRIARWOOD-COLLEYVILLE ADDITION LOCATED AT 5804 QUAILS PATH, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT; 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. ZC11-032; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for the carport on Lot 19, Block 2 of the Briarwood-Colleyville Addition, as depicted on the Location and Zoning Map, attached as Exhibit “A” and as shown on the Dimensions from Above and Dimensions from Front as 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. General a. No more than one carport shall be permitted and the carport shall remain as shown on Exhibit “B” labeled Dimensions from Above and Dimensions from Front. b. The carport shall have dimensions of 34 feet by 34 feet (1156 square feet). c. The carport shall not exceed 11 feet in height. d. The carport shall be located within the side yard setback and shall not be closer than 2.5 feet to the side property line e. The masonry column requirement is hereby waived and the support posts shall be clad in stained cedar f. The carport roof pitch shall be of 12:1 ratio. g. In the event that the carport permitted under this ordinance is destroyed or damaged to an extent of more than 50 percent of its replacement cost at the time of destruction, this Special Use Permit shall become null and void. h. The carport shall meet all regulations of the Land Development Code, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of February 2013. The second reading and public hearing being conducted on the 19th day of February 2010. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” Exhibit “B” – Dimensions from Above and from the Front City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 01/14/2013 Number GC13-001 Type Public Hearing Agenda Items Department Community Development Title Consideration of amendments to Chapter 3 - Land Use, Section 3.24 – Schedule of Permitted Principle Uses of the Land Development Code, Case GC13-001 Explanation One of the key components of Colleyville's zoning regulations, which are contained in Chapter 3 of the Land Development Code, is the Schedule of Permitted Principal Uses. The Schedule of Permitted Principal Uses is a matrix that lists those land uses that are allowed for each of the various zoning districts. In a review of the revised Schedule of Permitted Principal Uses, staff has determined an amendment to the land use matrix is warranted with regard to the land uses permitted in the CPO-Professional Office Commercial District. According to the attached Land Development Code, "this district is designed to be compatible adjacent to or near residentail areas and to provide office services needed by homeowners on a usual basis." Staff recommends the Schedule of Permitted Principal Uses be updated to add medical office uses to the CPO-Professional Office Commercial District such as: - Chiropractic Clinics - Optometrists' Offices - Physicians' or Dentists' Offices Staff recommends this amendment for the following reasons: 1. Under the goal of “Make a Long Term Commitment to Economic Development” in the Colleyville Strategic Plan, one of objectives states “Market Colleyville as a medical specialty destination”. Therefore, this amendment will expand the areas available in the City for medical uses, as recommended by the Strategic Plan. 2. All areas of the City that currently contain CPO zoning are either located along SH26, or are located in large office developments along Gateway Drive. Therefore, the higher traffic associated with medical office uses would not negatively impact these areas, as they already contain commercial uses, which generate proportionate amounts of traffic and, likewise, contain zoning allowing such uses. Per the attached map, there are a total of 14 platted lots containing a total of six acres Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 2 currently zoned CPO-Professional Office Commercial District. These lots are located along SH26 and Gateway Drive. The proposed amendment would affect only the dental office located at 5303 Colleyville Boulevard. This property is currently zoned CPO and currently considered a legal non-conforming use given the medical office restrictions currently contained in the CPO zoning district. A dentists' office has occupied this building since 1975, when the CPO district allowed medical office uses. The proposed changes are highlighted in the attached copy of the Schedule of Permitted Principal Uses. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission will consider this item on Monday, January 14, 2013, and Community Development Director Ron Ruthven will provide City Council information on the Commission's recommendation. Recommendation Approve Attachments 1.CPO-Professional Office Commercial District 2.Proposed Changes to the Schedule of Permitted Principal Uses 3.Properties Zoned CPO as of January, 2013 4.Ordinance O-13-1863 Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 23 G. Prohibited Uses – Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless otherwise allowed in conformance with the provisions for the “Classification of New and Unlisted Uses.” H. Density; Area; Yard; Height; and Lot Coverage Requirements – The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes (front, side and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 3.24 - “Schedule of District Regulations” and other applicable provisions of Section 3.28 - “Supplementary District Regulations.” I. Off-street Parking and Loading Requirements – Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions for the “Off-Street Parking Requirements,” and “Off-Street Loading Requirements.” J. Site Plan and Supporting Documents Required – Any application for a change in zoning district boundaries on the Official Zoning Map affecting this district, or for a “Special Use Permit” to be issued in this district, shall be accompanied by a site plan and supporting document therefor, unless otherwise waived by the Planning and Zoning Commission or Zoning Board of Adjustment, in conformance with the provisions of Chapter 1 – General Provisions of this Land Development Code. Section 3.17 CPO - Professional Office Commercial District A. Purpose – This district is designed to be compatible adjacent to or near residential area and to provide office services needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. B. Permitted Uses 1. See Table 3.24.B - Schedule of Permitted Principle Uses C. Special Uses 1. See Table 3.24.B - Schedule of Permitted Principle Uses D. Site Requirements Minimum lot size: 7, 200 s.f. Minimum setbacks: Max. Building height in stories: 2 st. Maximum lot size: 1 acre front: 40 ft. Max. building height in feet: 35 ft. Minimum lot width at front side abutting residential: 25 ft. Max. building height adj. to residential setback line: 100 ft. side abutting non-residential: 15 ft. Minimum lot depth: 120 ft. rear abutting residential: 25 ft. Maximum lot coverage: 40% rear abutting non-residential: 10 ft. E. Supplementary Requirements General: Landscaping Plans: Off-Street Parking: - outdoor storage is not permitted - required as per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. Design Stds. Site Plans: must be screened as per Sec. 3.26 - each site must have a minimum of - plans must be submitted in - may be operated in daytime only 25 points as per Chapter 5 accordance with Sec. 3.31 Section 3.18 CN - Neighborhood Commercial District A. Purpose – This district is designed to be compatible adjacent to or near residential areas and to provide goods needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. CPO-Professional Office Commercial District Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 2 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards or Section Ref. Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling P P P P P P S 8 3 Duplex – Attached Dwelling P 8 2 Townhome – Attached Dwellings P 8 4 Multi-family – Attached Dwellings P 8 4 HUD Code Manufactured Housing P 8 2 Assisted Living Facilities PUD only 2 17 Bed and Breakfast Lodging S S S S S S S S 1,8 18 Private (HOA) Recreational Facilities P P P P P P P P 9 5 B. ACCESSORY USES Accessory Building P P P P P P P P P Sec. 3.27 n.a. Carport S S S S S S S S S Sec. 3.27.C n.a. Home Occupations Uses P P P P P P P P P 8 n.a. Servants or Caretakers Quarters P P S S S S 16 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school P S 17 25 Crop Farming P P n.a. Livestock raising and breeding P P 12 n.a. Private horse stables for domestic use P P P S S n.a. Roadside produce stands (year round) S S S S S S S S S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 21 Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 3 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Solid Waste Disposal Sites S 24 Telecommunications Towers S S S S S S S S S S S S S S S 3 21 Water Pumping Stations S S S S S S S S S S S S S S S 24 Wind Driven Generators S S S S S S S S S S S S S S S n.a. E. PUBLIC AND INSTITUTIONAL USES Colleges or Universities S S S S S S S S S S S S S S S 12 Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5 Government Buildings, Offices and Facilities P P P P P P P P P P P P P P P 8 Fire Stations / Police Stations P P P P P P P P P P P P P P P 16 Golf Courses – Public Owned P P P P P P P P P P P P P P P 22 Government Maintenance Facilities P P P P P P P P P P P P P P P 25 Libraries P P P P P P 9 Museums P P P P P P 8 Post Office P P P P P P P P P P P P P P P 10 Parks and Open Space Areas P P P P P P P P P P P P P P P 25 Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25 Private Schools – Elementary and Secondary S S S S S S S S S S S S S S S 13 Private Schools – High School S S S S S S S S S S S S S S S 14 Public Schools – Elementary and Secondary P P P P P P P P P P P P P P P 13 Public Schools – High School P P P P P P P P P P P P P P P 14 Religious Institutions P P P P P P P P P P P P P P P 18 F. OFFICE USES Accountant’s Offices P P P P P 8 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 4 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Advertising Agencies P P P P P 8 Attorney Offices P P P P P 8 Chiropractic Clinics P P P P 8 Emergency Clinic (24 hrs.) S P P 10 6 Engineering, Architect’s, and Surveyor’s Offices P P P P P 8 General Business Offices not elsewhere listed P P P P P 8 Insurance Agencies P P P P P 8 Management and Public Relations Services Offices P P P P P 8 Optometrist Office P P P P 8 Psychologist Offices P P P P P 8 Physician’s or Dentist’s Offices P P P 5 7 Real Estate Agency Offices P P P P P 8 Security Broker Offices P P P P P 8 Telemarketing Offices P P P 5 Title Abstract Offices P P P P P 8 Trade or Business Schools S S S P 15 Travel Agency / Airline Ticket Offices P P P P P 8 G. RETAIL AND SERVICE USES Alcoholic Beverage Sales – (Beer and Wine Only) – Off-Premises Consumption S S S 13 n.a. Alcoholic Beverage Sales – On-premises Consumption S S S 13 n.a. Package Store Sales – Off-premises Consumption S S S 13 n.a. Alcohol or Drug Treatment Center S S S S S S 24 Antique Stores P P 7 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 5 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Apparel and Accessory Stores P P 7 Arts and Crafts Stores and Hobby Shops P P 7 Bakery Stores P P 7 Banks, Credit Unions and Financial Institutions P P P 8 Barber Shops, Beauty Shops and Day Spas P P P 10 7 Bicycle Shops P P 7 Book, Stationary or Greeting Card Shops P P P 7 Camera or Music Stores P P 7 Carnivals and Circuses S S 24 Cemeteries or Mausoleums S S S S S S 24 Charitable Donation Station S S S 24 Civic, Social or Fraternal Organizations S S P P 7 Convenience Stores with gasoline sales S S S S 7 Copy Centers/Print Shops S S P P P P 7 Dance Studios and Martial Arts Studios S S P P 7 Day Care Centers S S S S S 17 11 Department Stores P P 7 Dry Cleaner Pick-up Stations S P P 7 Dry Cleaners (up to 5,000 s. f. w/on-site laundry) P P 7 Equipment Rental and Leasing Stores S P 7 Florist Shops P P P 7 Food Catering P P 8 Funeral Homes S S S 24 Furniture and Appliance Stores P P P 9 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 6 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Grocery Stores P P 18 7 Hardware, electrical & plumbing w/o outside display P P P P Hardware , electrical & plumbing with outside display S P P Hospitals S S S 24 Hotels and Motels P P 19 Interior Decoration Stores P P P P 7 Jewelry Stores P P P 7 Locksmiths S S P P 8 Mailing and Shipping Stores P P P P 7 Meat or Fish Market P P P 7 Nurseries and Greenhouses with outside display S P P 16 Pawn Shops P 7 Pet Stores P P 7 Pharmacy S P P P 7 Photography Studios P P P P P P 8 Purchasing and/or resale of precious metals including jewelry, gem stones, gold, silver, and platinum and not licensed as a Pawn Shop by the State of Texas S S S 7 Restaurants, Cafes and Cafeterias P P P 5 Restaurants with drive-in or drive-thru service P P 5 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 7 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Shoe Repair Shops P P P P 8 Tailor and Alteration Shops P P P P 8 Veterinarian Clinic with indoor kennels P P P 4 8 Veterinarian Clinic with outdoor kennels S P P 8 Video Rental and Sales Stores P P P 7 Wedding Chapels S S S 24 H. RECREATIONAL AND ENTERTAINMENT USES Adult Entertainment Establishments See section 22-5 Code of Ordinances 5 Amusement Centers (indoors) S S 24 Archery and Firearms Ranges S S 6 24 Billiard Parlors S S 17 23 Commercial Recreation (outdoor) S S S S S S 24 Fitness Centers P P P 7 Golf Courses – Privately Owned P P P P P P 22 Golf Driving Ranges P P 22 Miniature Golf Courses P P 20 Roller or Ice Skating Rinks S S 24 Theaters P P 7 18 I. AUTOMOTIVE AND TRANSPORTATION USES S S 17 23 Airports and Heliports S S S S S S S S S S S S S S S 24 Auto Alarm / Stereo / Window Tinting Stores P P P 13 7 Auto Lube Shops S P P 13 9 Automotive and Motor Vehicle Sales S S S 13 8 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 8 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Auto Parts and Accessory Stores P P P 13 7 Auto, Truck or Trailer Rental S S 13 8 Auto Upholstery Shops P P 13 9 Auto Parking Lots and Garages (free standing) S S S S S S n.a. Auto Repair Shop S S S 13 9 Boat and Water-craft Sales and Service S S S 13 8 Bus or Passenger Train Stations S S S S 24 Car Wash (self service and automatic) S P 9 Commuter Transit Stations S S S S 24 Gasoline Service Stations S S 13 7 LPG / CNG Dispensing Stations S S 24 Motorcycle Sales and Service S S 13 8 Paint and Body Shops S S 13 9 Park and Ride Facilities S S S S 24 Railroad or Motor Freight Terminals S S S 24 Recreational Vehicle Sales and Service S S 13 8 Tire and Battery Stores S S S 13 7 Truck and Heavy Equipment Sales and Service S S 13 8 Vehicle Storage Yards or Facilities S S S S 24 J. HEAVY COMMERCIAL, INDUSTRIAL & MANUFACTURING USES Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24 Appliance Repair Shops S S 8 Building Material Sales with outside storage S P 7 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 9 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Commercial Laundry S S 24 Contractor Office with storage yard S S 24 Contactor Office without storage yard P P 8 Electronic Assembly or Manufacturing P 25 Exterminator Shop S S 24 Food Packaging and Manufacturing S 24 Furniture and Cabinet Manufacturing P 25 Office Showroom P 25 Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24 Plumbing, HVAC and Electrical Trades Shops P P 8 Printing and Publishing - Commercial P 8 Plumbing, HVAC and Electrical Trades Shops P P 8 Printing and Publishing - Commercial P 8 Research and Development Labs P 8 Scientific Instrument Assembly and Manufacturing P 8 Self Storage Facilities (mini-warehouse) S 24 Upholstery and Furniture Repair Shops P P 8 Warehouse and Distribution Facilities S 24 Wood, Paper or Leather Products P 25 Manufacturing not elsewhere listed S 24 Welding or Machine Shop P 25 Proposed Changes to the Schedule of Permitted Principal Uses k k k kk k k k k Þ Þ Þ [` [` [`[` [` [` GLADE RD HALL-JOHNSON RD RU N GLADE RD R O S S D O W N S D R CHARLESTON DR CONN I E LN BEDDO CT ATLANTA DR FRANCES LN W O ODMOOR LN W I N D I N G TRL MIR A MAR LN WILLOW L N MA P LE LN ROBERTS DR V A L L E Y R I D G E C T CAMELOT DR MELROSE PARK DR BEHRENS RD STAFFORD DR MANNING DR WILDWOOD CT Q U E E N S B U RY WAY W M E AN D ERIN G W A Y CRANBROOK DR S CUMBERLA W I L T O N WOODS CT LAKESIDECT MARTIN PKW Y CT MORLAIXCT MEADOWVIEW CT QUEE NSBURY WAY E RIDGE D R PARK VIE W CT M E A NDERING C T CHATSW O R T H CT W E M E R ALD CT RO C K DOV E CIR BROO K CT W IL K E S C T L C T CT AMBERLY CT COTTONWOODCT RED OAK CT W CREEKSIDE CT POOL RD L N G W A Y ENVIEW W I L KES D R T WE LVE OAKS LN INDIA CT A T L A N T A DR MELANIE DR KEN N EDY D R CAR RIAGE LN M E A D E DR BAKER CT TARRANT LN T A R LETON DR GLENH O P E CIR N GLENHOPE CIR S M EADE DR SCOTSMA N DR EDINBURGH DR OAK POINT DR INDUSTRIAL BLVD BALLANTRAE DR MEADOWHILL DR MONTFORD DR SUNDERLAND DR HILLBROOK DR LANSFORD LN HIGHLAND HILLS LN WHITE H A V E N DR N WHITEHAVEN DR W HIGHLAND DR YORKSHIRE DR L I N D E N C T BIRCH CT ARBOR TRL SYCAMORE CTSYCAMORE DR POPLAR CT W POPLAR CT E SP R U C E C T AMADOR TRL KINGS CT DUSTY CT HAW THORNE AVE CARLISLE AVE LE Y T O N G R O V E L N DANBURY DR SUMMERBROOK DR GREEN HILL LN NOR WALK DR STRAIGHT LN EDGEWOOD LN OVERHILL DR OLD OAK LN HIGHGROVE CT POOL RDPOOL RD HUNTINGTON CT FOX MEADOWS DR BUGLE LN FOX GLEN DR FOX TR HERITAGE AVE WAYSIDE DR MEADOWVIEW DR ST AL B ANS CIR L A K E S IDE DR JIM MITCHELL TRL W JIM MITCHELL TRL E LAKESIDE DR C RESTHAVEN DR J A C K S ON CT SHADYCREEK LN G REEN OAKS DR S H A D Y W OOD LN LEXINGTON P CHRISM CARISBROOKE CT E A T O N C I R CAMBRIDGE CT S H E R W O O D LN O A K K N O L L CT R OAK KNOLL DR CHESHIRE D R TYLER ST RENFRO RD BEHRENS CT BILL SIMMONS RD PATTERSON LN MONTCLAIR DR CHELSEA DR ARTHUR DR AVALON DR ROSE ST CHERRY LN KINGSWOOD LN ROYAL L N JANET LN AVONDALE DR N O R M A NDY DR REIMS C T NORM A N D Y D R BURGANDY CT ST EMILION CT GATEHOUSE CT ALEXANDRA D R WESTBURY DR SO M E R SET BLVD CHATSWORTH CT E CHATSWORTH DR EAR WATER CT LAK ERIDGE CT GLADE CREEK DR LAKESHORECT G AR R Y L YNNE DR JO C AROL LN BEDFORD RDOAK TIMBERS CT PROFESSIONAL CT DGE D R CHIMN E Y R O C K BEDFORD RD CT A R B O R GAT E LN ST DR CHURCH ST BENT TREEOAKS LN HIDDEN OAKS CT DOGWOOD CT HIDDEN O AK S DR BOGART DR COOKS LN P O N D E R O S A C T P O N D EROSA ST E M E R A LD DRDIAMOND CT M CCAIN LN PONDEROSA LN KINGSTON DR SUMMERTREE LN COTTONWO O D L N WESTGROVE L N L A U R E N ' S PLWINEWO OD CT WALNUT LN POPLAR LN RED OAK CT E JUNIPER CT HUNTINGTON DR WINEWOOD PLWEXFORD CT COTSWOLD CTPRESTWICK DR CROSSGATE CIR S SUMMIT HILL CT CROSS G A T E C IR N MELRO S E P A R K CT QUEENSBURYCT E A S T O N BURY CT MARTIN PKWY EVERSHAM ROUGH PEMB R O O KE PKWY N WAYCROS WILL CT TENNISO N PKWY DOUGLAS A V E S A V O Y C T A R M S T R O NG CT M ILTON D R M C M A K IN CT REYNOLDS DR HIGH GATE DR KE N SHIRE DR C O N N I E LN HE A T H E R G L E N N CT HEATHER GLENN DR FLINTLOCK CT I N D EPENDENCE RD REGIMENT PL W ELSH CIR HIGHLAND MEADOW DR SCOTTSDALE DR MONTCLAIR DR ALEXANDRA CT SOMER S E T C T ASHFORD CT LE Y NTERS GLE N CT CRESTEDGE CT COVENTRY CT COVENTRY PL COVENTRY CT CLERMONT CT VERSAILLES CT MULBERRY CT BRAEDON LN CRANBROOK DR E CR A N B R OOK DR W O A K K N OLL DR C S A V A N WOO D CR EE LBEND CT GATEWAY DR G AT E W AYC T COLLEYVILLE BLVD COLLE TINKER RD HARDAGE CIR WALLER LN HARDAGE LN C T PONDEROS A S T JACKSON RD SHENANDOAH PL HERITAGE AVE COLLEYVILLE BLVD HALL-JOHNSON RD HIGHLAND MEADOW DR B R O A D O CT TA R L E T O N KY L E C T WALLACE LN HI G H GA T E CT HIGHLAND DR GLADE RD CLEAR LAKE CT LAKEWOOD DR CT EDGEWATER SAPP HIR E C I R C LE S O P A L SAPP H I R E C IR C L E N C T S P R I N G S CT H O L L OWBROOK CT MAIN ST NDA LN A L N VIL PLEASANT RUN MISSI ON LN STONEBRIDGE DR SAN GABRIEL AVE NU E C E S SABINE GUADALUPE CTCT CT RI V E R W A L K CT RIVERWALK DR OLD GLADE RD GLAD E R D CHURCH ST RIVERWALK DR AUBURNDA L E AV E KENSHIRE CT PARK CT BURNHAM CIR STRATTON GR E E N GREEN GROSVENOR CA M D E N GR E E N GR E E N AR R I N G T O N CT CAMDEN CT ST R A T T O N CT AR R I N G T O N LN GROSVENOR BR OUGHTON DR BOWMAN DR CLEARFIELD DR CALDWELL-HUGHES RD W YATT DR S T R A T HMORE TER BLUEBONNET DRRIVERWALK DR DARTMOORE L N THOMPSON TER BELDON T R L H P A U L S PATH COLLEYVI LLE BLVD CT CT CT MILAN CT RONNA VALENTINO VOLTERRA TUSCANY DR AR LE S E T H R ID G ET C T WINDSOR CT NA CT CHINQU APIN DR BLACKJACK OAK DRHERITAGE OAK S DRBUR OAK DR POST OAK TRSHUMARDOAK LN HI G H L A N D P A R K C T FOUNTAIN PASS DR BRAZOS CT PECAN COPPERGLEN C I R CROSSING DR C T WAY Ü Ex i s t i n g C P O Z o n i n g Ex i s t i n g C P O Z o n i n g Ex i s t i n g C P O Z o n i n g Ha l l - J o h n s o n R o a d Gl a d e R o a d SH26 Ti n k e r R o a d Heritage Avenue Pool Road Gateway Drive Pr o p e r t i e s Z o n e d C P O as o f J a n u a r y , 2 0 1 3 ORDINANCE O-13-1863 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24 - SCHEDULE OF PERMITTED PRINCIPAL USES, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance O-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council amended Ordinance O-00-1214 on January 16, 2007, by enacting Ordinance O-07-1607 relating to Chapter 3 Land Use, Section 3.24 – Schedule of Permitted Uses, and Section 3.29 – Parking Requirements, of the Land Development Code; and WHEREAS, the City Council amended Ordinance O-00-1214 and O-07- 1607 on September 4, 2007, by enacting Ordinance O-07-1633 relating to Chapter 3 Land Use, Sections 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 3.24 – Schedule of Permitted Uses of the Land Development Code; and WHEREAS, the City Council amended Ordinance O-00-1214 and O-07- 1607 on February 5, 2008, by enacting Ordinance O-08-1656 relating to Chapter 3 Land Use, Section 3.24 – Schedule of Permitted Uses of the Land Development Code; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance by amending the Schedule of Permitted Uses; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such Ordinance O-13-1863 Page 2 of 4 districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT Chapter 3 Land Use, SECTION 3.24 - SCHEDULE OF PERMITTED USES, of the Land Development Code, is hereby amended in its entirety to read as depicted in the attached Exhibit “A”. Sec. 3. THAT Ordinance O-00-1214, O-07-1607, O-07-1633, and O-08- 1656 of the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Ordinance O-13-1863 Page 3 of 4 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 15th day of January 2013. The second reading and public hearing being conducted on the 5th day of February 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _________ day of ________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor Ordinance O-13-1863 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards or Section Ref. Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling P P P P P P S 8 3 Duplex – Attached Dwelling P 8 2 Townhome – Attached Dwellings P 8 4 Multi-family – Attached Dwellings P 8 4 HUD Code Manufactured Housing P 8 2 Assisted Living Facilities PUD only 2 17 Bed and Breakfast Lodging S S S S S S S S 1,8 18 Private (HOA) Recreational Facilities P P P P P P P P 9 5 B. ACCESSORY USES Accessory Building P P P P P P P P P Sec. 3.27 n.a. Carport S S S S S S S S S Sec. 3.27.C n.a. Home Occupations Uses P P P P P P P P P 8 n.a. Servants or Caretakers Quarters P P S S S S 16 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school P S 17 25 Crop Farming P P n.a. Livestock raising and breeding P P 12 n.a. Private horse stables for domestic use P P P S S n.a. Roadside produce stands (year round) S S S S S S S S S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 21 Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Solid Waste Disposal Sites S 24 Telecommunications Towers S S S S S S S S S S S S S S S 3 21 Water Pumping Stations S S S S S S S S S S S S S S S 24 Wind Driven Generators S S S S S S S S S S S S S S S n.a. E. PUBLIC AND INSTITUTIONAL USES Colleges or Universities S S S S S S S S S S S S S S S 12 Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5 Government Buildings, Offices and Facilities P P P P P P P P P P P P P P P 8 Fire Stations / Police Stations P P P P P P P P P P P P P P P 16 Golf Courses – Public Owned P P P P P P P P P P P P P P P 22 Government Maintenance Facilities P P P P P P P P P P P P P P P 25 Libraries P P P P P P 9 Museums P P P P P P 8 Post Office P P P P P P P P P P P P P P P 10 Parks and Open Space Areas P P P P P P P P P P P P P P P 25 Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25 Private Schools – Elementary and Secondary S S S S S S S S S S S S S S S 13 Private Schools – High School S S S S S S S S S S S S S S S 14 Public Schools – Elementary and Secondary P P P P P P P P P P P P P P P 13 Public Schools – High School P P P P P P P P P P P P P P P 14 Religious Institutions P P P P P P P P P P P P P P P 18 F. OFFICE USES Accountant’s Offices P P P P P 8 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Advertising Agencies P P P P P 8 Attorney Offices P P P P P 8 Chiropractic Clinics P P P P 8 Emergency Clinic (24 hrs.) S P P 10 6 Engineering, Architect’s, and Surveyor’s Offices P P P P P 8 General Business Offices not elsewhere listed P P P P P 8 Insurance Agencies P P P P P 8 Management and Public Relations Services Offices P P P P P 8 Optometrists’ Office P P P P 8 Psychologist Offices P P P P P 8 Physicians’ or Dentists’ Offices P P P 5 7 Real Estate Agency Offices P P P P P 8 Security Broker Offices P P P P P 8 Telemarketing Offices P P P 5 Title Abstract Offices P P P P P 8 Trade or Business Schools S S S P 15 Travel Agency / Airline Ticket Offices P P P P P 8 G. RETAIL AND SERVICE USES Alcoholic Beverage Sales – (Beer and Wine Only) – Off-Premises Consumption S S S 13 n.a. Alcoholic Beverage Sales – On-premises Consumption S S S 13 n.a. Package Store Sales – Off-premises Consumption S S S 13 n.a. Alcohol or Drug Treatment Center S S S S S S 24 Antique Stores P P 7 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Apparel and Accessory Stores P P 7 Arts and Crafts Stores and Hobby Shops P P 7 Bakery Stores P P 7 Banks, Credit Unions and Financial Institutions P P P 8 Barber Shops, Beauty Shops and Day Spas P P P 10 7 Bicycle Shops P P 7 Book, Stationary or Greeting Card Shops P P P 7 Camera or Music Stores P P 7 Carnivals and Circuses S S 24 Cemeteries or Mausoleums S S S S S S 24 Charitable Donation Station S S S 24 Civic, Social or Fraternal Organizations S S P P 7 Convenience Stores with gasoline sales S S S S 7 Copy Centers/Print Shops S S P P P P 7 Dance Studios and Martial Arts Studios S S P P 7 Day Care Centers S S S S S 17 11 Department Stores P P 7 Dry Cleaner Pick-up Stations S P P 7 Dry Cleaners (up to 5,000 s. f. w/on-site laundry) P P 7 Equipment Rental and Leasing Stores S P 7 Florist Shops P P P 7 Food Catering P P 8 Funeral Homes S S S 24 Furniture and Appliance Stores P P P 9 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Grocery Stores P P 18 7 Hardware, electrical & plumbing w/o outside display P P P P Hardware , electrical & plumbing with outside display S P P Hospitals S S S 24 Hotels and Motels P P 19 Interior Decoration Stores P P P P 7 Jewelry Stores P P P 7 Locksmiths S S P P 8 Mailing and Shipping Stores P P P P 7 Meat or Fish Market P P P 7 Nurseries and Greenhouses with outside display S P P 16 Pawn Shops P 7 Pet Stores P P 7 Pharmacy S P P P 7 Photography Studios P P P P P P 8 Purchasing and/or resale of precious metals including jewelry, gem stones, gold, silver, and platinum and not licensed as a Pawn Shop by the State of Texas S S S 7 Restaurants, Cafes and Cafeterias P P P 5 Restaurants with drive-in or drive-thru service P P 5 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Shoe Repair Shops P P P P 8 Tailor and Alteration Shops P P P P 8 Veterinarian Clinic with indoor kennels P P P 4 8 Veterinarian Clinic with outdoor kennels S P P 8 Video Rental and Sales Stores P P P 7 Wedding Chapels S S S 24 H. RECREATIONAL AND ENTERTAINMENT USES Adult Entertainment Establishments See section 22-5 Code of Ordinances 5 Amusement Centers (indoors) S S 24 Archery and Firearms Ranges S S 6 24 Billiard Parlors S S 17 23 Commercial Recreation (outdoor) S S S S S S 24 Fitness Centers P P P 7 Golf Courses – Privately Owned P P P P P P 22 Golf Driving Ranges P P 22 Miniature Golf Courses P P 20 Roller or Ice Skating Rinks S S 24 Theaters P P 7 18 I. AUTOMOTIVE AND TRANSPORTATION USES S S 17 23 Airports and Heliports S S S S S S S S S S S S S S S 24 Auto Alarm / Stereo / Window Tinting Stores P P P 13 7 Auto Lube Shops S P P 13 9 Automotive and Motor Vehicle Sales S S S 13 8 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Auto Parts and Accessory Stores P P P 13 7 Auto, Truck or Trailer Rental S S 13 8 Auto Upholstery Shops P P 13 9 Auto Parking Lots and Garages (free standing) S S S S S S n.a. Auto Repair Shop S S S 13 9 Boat and Water-craft Sales and Service S S S 13 8 Bus or Passenger Train Stations S S S S 24 Car Wash (self service and automatic) S P 9 Commuter Transit Stations S S S S 24 Gasoline Service Stations S S 13 7 LPG / CNG Dispensing Stations S S 24 Motorcycle Sales and Service S S 13 8 Paint and Body Shops S S 13 9 Park and Ride Facilities S S S S 24 Railroad or Motor Freight Terminals S S S 24 Recreational Vehicle Sales and Service S S 13 8 Tire and Battery Stores S S S 13 7 Truck and Heavy Equipment Sales and Service S S 13 8 Vehicle Storage Yards or Facilities S S S S 24 J. HEAVY COMMERCIAL, INDUSTRIAL & MANUFACTURING USES Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24 Appliance Repair Shops S S 8 Building Material Sales with outside storage S P 7 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Commercial Laundry S S 24 Contractor Office with storage yard S S 24 Contactor Office without storage yard P P 8 Electronic Assembly or Manufacturing P 25 Exterminator Shop S S 24 Food Packaging and Manufacturing S 24 Furniture and Cabinet Manufacturing P 25 Office Showroom P 25 Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24 Plumbing, HVAC and Electrical Trades Shops P P 8 Printing and Publishing - Commercial P 8 Plumbing, HVAC and Electrical Trades Shops P P 8 Printing and Publishing - Commercial P 8 Research and Development Labs P 8 Scientific Instrument Assembly and Manufacturing P 8 Self Storage Facilities (mini-warehouse) S 24 Upholstery and Furniture Repair Shops P P 8 Warehouse and Distribution Facilities S 24 Wood, Paper or Leather Products P 25 Manufacturing not elsewhere listed S 24 Welding or Machine Shop P 25 Exhibit "A" City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 12/10/2012 Number ZC12-025 Type Public Hearing Agenda Items Department Community Development Title Consideration of a request to rezone from R20-Single Family Residential to PUD-R- Planned Unit Development Residential on 12.0 acres on Tracts 3, 3E and 3F, of Abstract 936 of the Joseph M Looney Survey and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, Case ZC12-025 Explanation Update There was one person who spoke in support of this request and 12 persons who spoke in opposition to this request at the December 10, 2012 meeting. There were five persons who registered their opposition to this request but did not wish to speak. The speaker cards have been included in the attached letters of opposition as well as the letters of support. Since the December 10, 2012 meeting, staff has received one additional letter of support to this request. It has been included in the attached letters of support. Paul Spain, on behalf of Terra/Manna, LLC, has submitted a request to change the zoning of 12 acres, located at 5008 and 5100 Bluebonnet Drive. The applicant is requesting to rezone the property from the R20-Single Family Residential to a PUDR- Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 50 single family residential lots and six open space lots. Existing Conditions. The subject property currently consists of three unplatted tracts of land with one platted parcel known as Lot 1, Block 1, of the Bone Addition with a single family residence. The remaining lots are currently vacant. The residence will be demolished as part of the development of the subdivision. Approval of a preliminary and final plat will be required upon approval of the rezoning request. Statement of Planning Objectives. The applicant has submitted a Statement of Planning Objectives (attached) that contains a detailed description of the proposed development. Lot Dimensions and Setbacks. The PUD-R 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. Per Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 2 the details of the Statement of Planning Objectives and the Conceptual Site Plan (attached) the applicant proposes the following lot widths: 37 lots are proposed to contain a minimum lot width of 50 to 60 feet measured at the building setback line. For the purpose of the proposed ordinance, these lots are located in Area "A" 13 lots are proposed to contain a minimum lot width of 75 feet measured at the building setback line. For the purpose of the proposed ordinance, these lots are located in Area "B" Lot area is proposed as follows: Lots in Area "A" would contain a minimum of 6,000 square feet. Lots in Area "B" would contain a minimum of 9,000 square feet. Per the Conceptual Site Plan, the minimum lot depth is proposed to be 100 feet. Setbacks are proposed as follows: Front Yard Setbacks: Area "A": 15 feet; 25 feet to face of garage Area "B": 20 feet Rear Yard Setbacks: Area "A": 10 feet Area "B": 20 feet Side Yard Setbacks: Area "A": optional five feet on each side, or 15 feet one side; zero feet on opposite side. Area "B": optional seven and one half feet on each side, or 10 feet one side/ five feet on opposite side with a 15 foot minimum. Residential Design Requirements. The applicant proposes minimum residential unit sizes and design and construction standards. The following are the proposed design standards: Minimum House Size: Area "A": 2,100 square feet for a single story home, 2,300 square feet for a two story home Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 3 Area "B": 3,000 square feet for a single story home, 3,200 square feet for a two story home Minimum Roof Pitch: Minimum of a 10:12 roof pitch. Garage Standard: Minimum of a two car garage with wood, architecturally enhanced doors Masonry Requirement: One hundred percent (100%) brick, stone or real stucco masonry. No EIFS or artificial stucco material shall be permitted in the subdivision. Additional Elevation Requirements: Elevations will have a hierarchy of plate dominance featuring custom front doors and entrances; balanced architectural features and interests with natural tones for paint and exterior finishes. Roofing to be either 40 lb. Architectural Dimensional shingles, slate, tile or standing seam metal. Each elevation should add interest to the entire streetscape. Driveways and Private Walkways: All shall be of a washed aggregate or stamped finished concrete Windows: No aluminum widows allowed in the subdivision, only windows of higher quality and energy efficiency will be allowed. All windows will be insulated glass with a “low-e” specification. Street Design and Landscaping. The streets in the development are proposed to be private. The gates must conform to the standards of the Land Development Code. The applicant proposes the following street design standards: Right of Way: 40 feet Pavement Width: 31 feet, back of curb to back of curb Turning Radii: Twenty feet (20’) In terms of landscaping, the lots will contain a minimum of two (2) three-inch (3”) caliper trees per front yard and one (1) three inch (3”) caliper tree per rear yard. Fully landscaped and sprinkled front and rear yard within sixty days of completing a house. Open Space. The PUD-R regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The proposed site plan for the development shows 15.7 percent of the total development as open space. The applicant is requesting a waiver to the minimum open space requirements. This waiver is reflected in the proposed ordinance. Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 4 Detention or retention ponds are proposed in the northwest and southwest corners of the subject property. These ponds are located in common open space areas as designated on the applicant’s site plan. Per the requirements of the Land Development Code, no more than 25 perconet of the common open space areas may be used for retention/detention. All of the open spaces will be landscaped and maintained by the Homeowner's Association (HOA). Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. According to the Colleyville Pathways Plan a 10-foot wide concrete trail is required to be built along Glade Road as part of this development. The development plan includes a ten-foot wide concrete trail to be constructed along Glade Road in a curvilinear fashion that will bypass mature trees. In addition, four-foot wide concrete sidewalks will be constructed along both sides of the internal streets within five-foot access and utility easements and along Bluebonnet Drive along the front of the lots located in Area "B". Fences, Walls and Screening. The applicant proposes a six-foot wrought iron fence along the south property line of proposed Lot 1, Block 1, and along the north property line of proposed Lot 19, Block 1. The applicant also proposes a six-foot masonry wall along the south property lines of Lot 24, Block 1, and Lot 1, Block 2, in addition to six- foot masonry walls along both sides of Street B. A masonry panel fence presently exists along the west property line. The applicant proposes a new six-foot wood fence abutting the masonry panel fence behind Lots 1-19, Block 1. Traffic Generation and Access. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 50 lot development would add approximately 479 vehicle trips per day to the surrounding roadways. The lots located in Area "B" will each derive sole access from Bluebonnet Drive. The internal lots will be served by a street with two entrances on Bluebonnet Drive. Bluebonnet Drive connects from Riverwalk Drive on the north to Glade Road on the south and is approximately 2,700 feet in total length. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon approval of the final plat for the property. The survey and mitigation plan shall be drawn and submitted according to the requirements of Chapter 5-Tree Preservation of the Land Development Code. Infrastructure. Water and sanitary sewer services are available along adjacent Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 5 rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed by the City of Colleyville Engineering Division. According to the drainage analysis, the development will provide on-site retention. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting process. Master Plan. The Future Land Use Plan designates the subject property for single family residential on the northern 75 percent of the subject property and office uses on the southern 25 percent adjacent to Glade Road. The residential portion of the rezoning request is consistent with the Future Land Use Plan however the developer is not proposing any commercial office uses therefore an amendment to the Future Land Use Plan is required. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The 2004 Colleyville Master Plan states that densities higher that 1.8 units per acre would be acceptable in those areas deemed consistent with sound land use planning principles, such as a transitional area situated between commercial uses and less dense residential developments, or near major street intersections. The proposed development would be situated between an existing residential, office and institutional uses located to the west and north along Glade Road and Riverwalk Drive. The proposed development of 50 residential units on the 12-acre property will produce a residential density of 4.15 dwelling units per acre. The proposed residential density is comparable to other approved small lot PUD-R developments within the City. The Small Lot Development Comparison, attached to this briefing, provides a comprehensive listing of recently approved developments with residential densities that exceed 1.8 dwelling units per acre. Surrounding Development Trends. The properties to the north are the Colleyville Justice Center, as well as the Colleyville Center, is an institutional use that abuts the site and is zoned CN-Neighborhood Commercial and R20-Single Family Residential. The properties to the south consist of single family residences, designated for single family uses and zoned R20-Single Family Residential. The properties to the east are located on Bluebonnet Drive and consist of existing single family residences zoned R20-Single Family Residential and R40-Single Family Residential. The properties to the west are The Bridges at Riverwalk, zoned PUD-R-Planned Unit Development Residential with offices uses located at the southwest corner of the subject property. Public Notification. Staff mailed notices to 55 adjacent property owners as well as all Homeowners Associations within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received 21 letters in opposition to this Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 6 request. Summary. The proposed zoning change is not completely consistent with the Future Land Use Plan, which designates 75 percent the area proposed for this development as single family residential and 25 percent as office uses. However, staff recommends approval of the development without any commercial for the following reasons: 1. The topography of the site adjacent to Glade Road is such that a commercial development that is separate from the residential development has the potential to exacerbate any existing drainage issues given the staggered development timelines that would most likely occur between the proposed residential development and any future commercial development; 2. There are no lots that front on Glade Road as part of the proposed development. Any commercial lots would most likely front along Glade Road. Given the sight hazard for westbound traffic at the intersection of Glade Road and Bluebonnet Drive, staff would recommend that no additional driveway cuts be placed between Riverwalk Drive and Bluebonnet Drive. 3. Given that Bluebonnet Drive is not on the Master Thoroughfare Plan as a collector or arterial street, and the fact that all lots with frontage on Bluebonnet Drive south of the Colleyville Justice Center are zoned for residential uses, staff agrees that, in terms of protecting neighborhood integrity, commercially zoned lots located at the northwest corner of Bluebonnet Drive and Glade Road are not an ideal land use given potential traffic generation, noise, cut-through traffic on commercial parking lots located at the hard corner of the intersection avoiding traffic congestion, lighting and privacy. While the proposed development exceeds the residential density of 1.8 dwelling units per acre, the location of the development is appropriate for this type of higher density residential development given its transitional nature from the commercial areas along Glade Road and Riverwalk Drive and the lower density neighborhoods to the south and east. Recommendation Approval with the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 4.15 dwelling units per acre. b. This development shall be generally consistent with the Statement of Planning Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 7 Objectives attached as Exhibit “C”. c. The subject property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. DEVELOPMENT PLAN AND PLATTING 1.The development shall be generally consistent with Exhibit “D”, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit “D” to accommodate topographic, drainage or other conditions. 2.The developer shall submit and receive approval from the City, a Preliminary and Final Plat, approved as a single phase, in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES 1.Single-family residences, detached 2.Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Areas “A” and “B” noted below refer to Exhibit “E”: Area “A” a. Minimum Lot Size 6,000 square feet b. Minimum Lot Depth 100 feet c. Minimum Lot Width 50 feet at building line d. Front Building Line 15 feet e. Side Building Line 5 feet; or 15 feet on one side and zero feet on the other side Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 8 f. Minimum Building Separation 10 feet g. Rear Building Line 10 feet h. Maximum Lot Coverage 50% Area “B” a. Minimum Lot Size 9,000 square feet b. Minimum Lot Depth 100 feet c. Minimum Lot Width 75 feet at building line d. Front Building Line 20 feet e. Side Building Line 7.5 feet; or 10 feet on one side and five feet on the other side with a 15 foot minimum f. Minimum Building Separation 10 feet g. Rear Building Line 20 feet h. Maximum Lot Coverage 50% 5. RESIDENTIAL DESIGN REQUIREMENTS The following requirements shall apply to all homes constructed in this development. 1.Minimum home size: Area “A”: 2,100 square feet for a single story home. 2,300 square feet for a two story home. Area “B”: 3,000 square feet for a single story home. Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 9 3,200 square feet for a two story home. b. Minimum roof pitch: 10:12 c. Garage Standard: a minimum two car garage shall be constructed with wood, architecturally enhanced doors. d. Masonry: The exterior wall of all homes shall be composed of 100% masonry materials. Approved masonry materials shall adhere to the masonry materials allowed in Chapter 6 of the Land Development Code. e. Elevation requirements: Elevations shall have a hierarchy of plate dominance featuring custom front doors and entrances; balanced architectural features and interests with natural tones for paint and exterior finishes. Roofing shall contain either 40 pound Architectural Dimensional shingles, slate, tile or standing seam metal. Each elevation shall add interest to the entire streetscape. f. Windows: Aluminum windows are prohibited. Windows shall be of higher quality and energy efficiency and shall be insulated glass with a “low-e” specification. 6. OPEN SPACE a. This development shall provide a minimum of 15.7 percent common open space, as shown on Exhibit “D”, which shall be for the leisure and recreational use of the development’s residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space may be utilized for storm water retention not to exceed 25 percent of the common open space area. 7. PRIVATE STREETS AND SIDEWALKS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Land Development Code. A curvilinear 10 foot wide trail shall be constructed within the open space area along the entire length of Glade Road. Said trail may be located on private property within the open space provided it is located within a public pedestrian access easement. b. All streets in this development shall be private. Right-of-way and pavement widths Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 10 shall meet the following requirements: the minimum right-of-way for streets shall be 40 feet and the minimum pavement width for street shall be 31 feet, measured from back of curb to back of curb. A five foot utility easement shall be located along both sides of all internal streets. c. All gates shall meet the minimum requirements of Chapter 14 in the Land Development Code. 8. FENCES AND SCREENING a. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. b. All lots backing to the Common Open Space shall be open style fencing of decorative metal, and/or Masonry. c. Where open space lots border adjacent properties, either the existing fence shall be maintained or improved, or a decorative metal fence shall be installed, all in cooperation with the adjacent property owner. 9. OTHER a. All driveways and private walkway shall be of a washed aggregate or stamped finished concrete. b. All lots shall contain a minimum of two (2) three-inch (3”) caliper trees per front yard and one (1) three inch (3”) caliper tree per rear yard prior to the final inspection. Each lot shall be fully landscaped with an approved irrigation system in the front and rear yard prior to the final inspection. Attachments 1.Location and Zoning Map 2.Notification List 3.Buffer Map 4.Letters of Opposition 5.Letters of Support 6.Aerial Looking North 7.Development Plan 8.Statement of Planning Objectives 9.Area Map 10.Small Lot Subdivision Comparison Table 11.Proposed Ordinance Planning and Zoning Commission Agenda Briefing 4c City of Colleyville Page 11 Location and Zoning Map Site OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS The Bridges @ Riverwalk Hoa PO Box 1183 Bedford TX 76095 005026 Stonebridge Dr McPherson, Karen D 5209 Bluebonnet Rd Colleyville TX 76034 005209 Blue Bonnet Dr Davis, Alan T Etux Mary C 1500 Cherry Ln Colleyville TX 76034 001500 Cherry Ln Douglass, George W Jr Etux Ber 1412 Cherry Ln Colleyville TX 76034 001412 Cherry Ln Del Hierro, C & G Bone 5008 Bluebonnet Rd Colleyville TX 76034 005100 Blue Bonnet Dr The Bridges @ Riverwalk Hoa PO Box 1183 Colleyville TX 76034 005112 Stonebridge Dr Maxwell, Leon C Etux Sharron L 5137 Stonebridge Dr Colleyville TX 76034 005137 Stonebridge Dr Fryer, Ava 5129 Stonebridge Dr Colleyville TX 76034 005129 Stonebridge Dr The Bridges @ Riverwalk Hoa PO Box 1183 Colleyville TX 76034 001300 Stonebridge Dr Miesen, Dale L Etux Karen 5121 Stonebridge Dr Colleyville TX 76034 005121 Stonebridge Dr Sage, Reta B PO Box 1654 Colleyville TX 76034 005117 Stonebridge Dr Turner, Ruth PO Box 145 Colleyville TX 76034 005101 Blue Bonnet Dr Coleman, Sally S 5113 Stonebridge Dr Colleyville TX 76034 005113 Stonebridge Dr Bertram, Donna L 5108 Stonebridge Dr Colleyville TX 76034 005108 Stonebridge Dr Black, Donald N 5109 Stonebridge Dr Colleyville TX 76034 005109 Stonebridge Dr Pyland, Peggy 5104 Stonebridge Dr Colleyville TX 76034 005104 Stonebridge Dr Cagle, David G Etux Trava J 5105 Stonebridge Dr Colleyville TX 76034 005105 Stonebridge Dr King, John B Etux Kathleen 5100 Stonebridge Dr Colleyville TX 76034 005100 Stonebridge Dr Birdsell, Frank Etux Carol 5101 Stonebridge Dr Colleyville TX 76034 005101 Stonebridge Dr Callahan, James M Etux Mary R 5019 Bluebonnet Rd Colleyville TX 76034 005019 Blue Bonnet Dr Smith, Jimmie M PO Box 175 Colleyville TX 76034 005028 Stonebridge Dr Roberson, Pauline T 5029 Stonebridge Dr Colleyville TX 76034 005029 Stonebridge Dr Hatton, Sam 5024 Stonebridge Dr Colleyville TX 76034 005024 Stonebridge Dr Winters, Steven Etux Joy 5025 Stonebridge Dr Colleyville TX 76034 005025 Stonebridge Dr Quinn, Zora Z Etvir Matthew J 5020 Stonebridge Dr Colleyville TX 76034 005020 Stonebridge Dr Marshall, Jesse T Etux Pamela 5021 Stonebridge Dr Colleyville TX 76034 005021 Stonebridge Dr Gardner, David W 5017 Bluebonnet Rd Colleyville TX 76034 005017 Blue Bonnet Dr Delhierro, Arnold Etux Charlot PO Box 711 Colleyville TX 76034 005008 Blue Bonnet Dr Caldwell, Alan W Etux Ruth 5016 Stonebridge Dr Colleyville TX 76034 005016 Stonebridge Dr Fagg, Gary T & Constance D 5017 Stonebridge Dr Colleyville TX 76034 005017 Stonebridge Dr Babin, Christopher Etux Elizab 1504 Glade Rd Colleyville TX 76034 001504 Glade Rd Bui, Kevin 5012 Stonebridge Dr Colleyville TX 76034 005012 Stonebridge Dr Gardner, Jackie & David 5013 Bluebonnet Rd Colleyville TX 76034 005013 Blue Bonnet Dr 2002 Hennessey Revocable Tr 5013 Stonebridge Dr Colleyville TX 76034 005013 Stonebridge Dr Campanella, Donald M Etux Lind 5008 Stonebridge Dr Colleyville TX 76034 005008 Stonebridge Dr Roland, Joyce Ann 5004 Stonebridge Dr Colleyville TX 76034 005004 Stonebridge Dr Free, Debra J 5005 Stonebridge Dr Colleyville TX 76034 005005 Stonebridge Dr Berry, Mary Judith 5000 Stonebridge Dr Colleyville TX 76034 005000 Stonebridge Dr Panzera, V F III Etux Ellen J 5001 Stonebridge Dr Colleyville TX 76034 005001 Stonebridge Dr Chelind Llc 1312 Glade Rd Colleyville TX 76034 001312 Glade Rd Hsv Retreat Llc 5132 Post Oak Trl Colleyville TX 76034 001308 Glade Rd Idol Investments Llc 4900 Jim Mitchell Trl W Colleyville TX 76034 001304 Glade Rd Arcland Investments Llc 1300 Glade Rd Colleyville TX 76034 001300 Glade Rd Winsworth, Lloyd A 4900 Stafford Dr Colleyville TX 76034 004900 Stafford Dr Hickson, Heather J 1315 Glade Rd Colleyville TX 76034 001317 Glade Rd Hickson, Steven A Etux Connie 1315 Glade Rd Colleyville TX 76034 001315 Glade Rd Lansford, Chas W Jr Etux Stacy 1313 Glade Rd Colleyville TX 76034 001313 Glade Rd Hubbard, Robert Gene PO Box 494 Colleyville TX 76034 001309 Glade Rd Meldale Llc 8235 Douglas Ave Ste 950 Dallas TX 75225 005199 Riverwalk Dr Robert Salter Family Lp 209 W 2Nd St # 377 Fort Worth TX 76102 005011 Blue Bonnet Dr Robert Salter Family Lp 209 W 2Nd St # 377 Fort Worth TX 76102 005005 Blue Bonnet Dr Rp25 Development Lp 5216 Reims Ct.Colleyville TX 76034 001301 Glade Rd Bonnie Stanfield Trust 1001 Tucker St Mc Kinney TX 75069 005009 Blue Bonnet Dr Notification List Palmieri, Joseph Etux Charlene 2202 Riva Row Apt 4408 The Woodlands TX 77380 005125 Stonebridge Dr Current Owner 5009 Stonebridge Dr.Colleyville TX 76034 005009 Stonebridge Dr Paul Spain, applicant 395 W. SH114, Ste. 300 Southlake TX 76092 applicant Public hearing notices were mailed on Wed. Nov. 7, 2012 by Amy Shelley Buffer Map Letters of Opposition Letters of Support Aerial Looking North Re v i s e d D e v e l o p m e n t P l a n The Preservation on Glade Colleyville, Texas - January 4, 2013 Statement of Planning Objectives The Preservation on Glade is a proposed residential neighborhood to be developed by Terra/ Manna, LLC under the Planned Unit Development (PUD) regulations for residential development in the City of Colleyville. The 12.04 acre property is located on the northwest side of the Glade Road/ Bluebonnet Drive intersection. The property is currently zoned Residential-20 “R-20” and is occupied by two single family homes, open space and agricultural areas. The surrounding area is fully developed. To the north is the Colleyville Police Center, to the west lies The Bridges at Riverwalk PUD-R, containing existing Office buildings along Glade, with “Villa” residential along the remainder. Across Glade Road is existing residential in an area zoned R-20 and AG. Across Bluebonnet Drive, to the east, is existing single family residential in a mix of R-20 and R-40 zoning. The subject tract is shown on the Future Land Use Plan as “Single Family Residential” for the northern ¾ of the site, with a layer of “Office” along Glade. We believe there would be a limited market for office in this location and are suggesting that the adjacent Offices in Riverwalk, with access to Riverwalk Blvd already present a logical conclusion to the office uses along Glade Road, and that a better use for this property would be to begin a transition from the office and higher density residential to the west, in The Bridges at Riverwalk PUD, to the lower density residential to the east. The proposed plan starts the transition by placing lots of comparable size to those in the Bridges at Riverwalk (6-7,000 s.f.) along the boundary with that PUD-R, then transitioning to 9,000+ s.f. lots along Bluebonnet (of similar width to many of the lots across the street), and is consistent with this and- we believe- the surrounding uses. The property generally slopes down from east to west and from our discussions with staff and the adjacent neighbors, we learned there is a concern regarding the existing sheet flow of drainage onto their lots. Our intention would be to capture that drainage and direct it to the appropriate drainage facilities and resolve this concern as an issue. Preliminarily, we believe the developed areas downstream have accounted for fully developed drainage coming from this property, but we have commissioned a drainage study to illustrate the current conditions and make sure this development- as proposed- would meet the requirements of the ordinances regulating development and drainage. Silt runoff will be strictly controlled during construction. In addition, we have agreed to have our engineers work with an independent civil engineer, hired by the Bridges at Riverwalk HOA, to verify the effectiveness of our proposed improvements. Revised Statement of Planning Objectives Quality and compatibility with the adjacent residential, as well as the rest of Colleyville are essential, and we have designed this proposal with those goals in mind. The residences planned for The Preservation on Glade will be very upscale, with selling prices estimated to range between $450,000 to over $700,000. The development will have as its focal point, and feature, an open space and landscaped perimeter located along the frontage of Glade Road, where the thickest grove and largest trees are located. This open space area will provide an excellent “front door” view from the more heavily travelled Glade Road, as well as an effective transition to the larger lot residential south of Glade. The southern, main entry road has been carefully located between the best trees identified on the tree survey, in an effort to save the best trees as well as result in a spectacular entry experience. Because of the traffic along Glade, and the safety concerns related to the somewhat limited visibility beyond the Bluebonnet/ Glade intersection, we have chosen to locate both of our entry roads on the much less travelled Bluebonnet Dr. The internal road is planned to be a private road, and gated at both entries, with a Resident Only gate at the northern entry and a Resident/ Visitor gate at the southern entry. We propose to build the normal Colleyville street section of 31’ (back of curb to back of curb), in a 40’ R.O.W. with 5’ utility and sidewalk easements on either side. The large existing trees in the open space area along Glade Rd. have been taken into consideration in project planning and as many of them as possible will be preserved during development. In addition, there will be a requirement of street trees (On 55’ Lots, one; on 75’ Lots, two) for every residential lot to be installed by the home builders, adjacent to the street rights of way, as well as two trees in each rear yard. To encourage pedestrian activity in the neighborhood, sidewalks will be built along the front of each lot, and the required 10’ trail will be built along the Glade Rd. frontage. A large landscaped setback will be preserved within an open space lot, to be owned and maintained by The Preservation Homeowners Association, along the Glade Rd. frontage. The scale and orientation of the development has been designed to have an inviting visual flow with the existing neighborhoods and surrounding uses. The design criteria of the homes will create high quality designed homes in keeping with both the immediate neighborhood and Colleyville as a whole. Development Schedule The Preservation on Glade will be developed in a single phase with the development commencing upon the successful completion of the zoning and platting and the subsequent approval of the final plat and engineering plans. Construction of homes is anticipated to start immediately upon completion of the subdivision’s infrastructure. Economic Development Information The Preservation on Glade will have a total of forty-eight (48) homes, each with an average estimated value upon completion of approximately $450,000 to over $700,000, resulting in an overall tax base of $26,400,000, based on a $550,000 estimated average. At the current tax rate of 2.694677%, the total taxes generated from the development are projected to be $711,394, with $ 98,327 generated directly for the City. Revised Statement of Planning Objectives Development Standards Permitted Land Use: Single Family Residential Detached Minimum House Size: 55’ Residential Lots: 2,100 square feet for a single story home, 2,300 square feet for a two story home 75’ Lots: 3,000 square feet for a single story home, 3,200 square feet for a two story home Minimum Lot Area: 55’ Lot: 6,000 s.f. 75’ Lot: 9,000 s.f. Minimum Lot Width: 55’ Lots: Fifty Five feet (55’) measured at the building setback line. 75’ Lots: Fifty Five feet (55’) measured at the building setback line. Front Yard Setbacks: 55’ Lots: Fifteen feet (15’) back of the property line, 25’ to Face of Garage. 75’ Lots: Twenty feet (20’) back of the property line. Rear Yard Setbacks: 55’ Lots: Ten feet (10’) 75’ Lots: Twenty feet (20’) Side Yard Setbacks: 55’ Lots: Optional Five feet (5’) on each side, or Fifteen Feet one side/ Zero feet (0’) other side. 75’ Lots: Optional Seven and One Half feet (7.5’) on each side, or Ten Feet one side/ Five feet (5’) other side (total of 15 feet minimum). Optional Development Standards for the 55’ Lots: 36 of the 48 residential lots shown on the Development Plan have a minimum width of 55’. As an option, those 55’ lots may instead be replaced with a combination of 50’ and 60’ minimum width lots, so long as the total number of those lots doesn’t exceed the original 36. The Front, Rear and Side Setbacks would remain as shown above for the 55’ lots (15’ Front, 25’ Face of Garage, 10’ Rear & 5’ Side or 15’/0’ Side) Minimum Lot Size: 50’ Lots- 5,400 s.f., 60’ Lots- 6,400 s.f. Minimum House Size for the 50’ lots is 2,100 square feet for a single story home and 2,300 square feet for a two story home. Minimum House Size for the 60’ lots is 2,100 square feet for a single story home and 2,300 square feet for a two story home. Revised Statement of Planning Objectives Minimum Roof Pitch: Minimum of a 10:12 roof pitch. Garage Standard: Minimum of a two car garage with wood, architecturally enhanced doors Masonry Requirement: Ninety Five percent (95%) brick, stone or real stucco masonry. No EIFS or artificial stucco material shall be permitted in the subdivision. Additional Elevation Requirements: Elevations will have a hierarchy of plate dominance featuring custom front doors and entrances; balanced architectural features and interests with natural tones for paint and exterior finishes. Roofing to be either 40 lb. Architectural Dimensional shingles, slate, tile or standing seam metal. Each elevation should add interest to the entire streetscape. Driveways and Private Walkways: All shall be of a decorative concrete. Windows: No aluminum widows allowed in the subdivision, only windows of higher quality and energy efficiency will be allowed. All windows will be insulated glass with a “low-e” specification. Fencing: Wood fencing between lots is permitted. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. All lots along Common Open Space shall be open style fencing of Decorative Metal, and/or Masonry. Where lots back to existing residential lots, the existing fence shall be kept. Where open space lots border adjacent properties, either the existing fence will be maintained, or a Decorative Metal fence will be installed, as per the Fencing Plan. Streetscape Standards: Minimum of one (1) three-inch (3”) caliper tree per each 55’ lot front yard and two (2) three-inch (3”) caliper trees per each 75’ lot front yard, and two (2) three inch (3”) caliper trees per each rear yard on all lots. Fully landscaped and sprinklered front and rear yard within sixty days of completing a house. Front Yard Maintenance: The open space lots within the subdivision shall be maintained in a consistent, uniform manner by The Preservation on Glade Homeowners Association through dues collected from the individual homeowners. Membership in the Homeowner’s Association is mandatory. Revised Statement of Planning Objectives Street Design Standards: Right of Way: Forty feet (40’) Travel Lane Width: Thirty-one foot (31’), back of curb to back of curb Turning Radii: Twenty feet (20’) Open Space Standards: The Common Open Space shall be either left natural (where disturbance and irrigation may harm existing trees) or fully landscaped and irrigated with a combination of trees and shrubbery pursuant to an approved landscape plan. The Common Open Space shall be owned and operated by The Preservation on Glade Homeowners Association which shall have a mandatory membership of all homeowners and shall collect dues in amounts satisfactory to maintain the Common Open Space. The Association shall have fine and lien rights as permitted by law to enforce compliance with the rules of the association. Signage: A monument sign identifying the subdivision shall be built at either entry from Bluebonnet Drive. Revised Statement of Planning Objectives Area Map Area “B” Area “A” Small Lot Subdivision Comparison Subdivision Lots Min. Width Min. Depth Min. Size Ave. Size Density Max. Lot Coverage Open Space Approval Date Villas of Caldwell Creek 43 59 115 6,594 7,408 3.7 d.u.a. 50% 18.3% O-97-1062 4.1.97 Bridges at Riverwalk 32 56 106 6,001 6,479 3.0 d.u.a. 50% 24% O-99-1192 12.21.99 Riverwalk at Colleyville 53 60 115 6,331 7,666 3.2 d.u.a. 50% 20% O-00-1210 4.4.00 Rosewood Villas 53 59 110 6,482 6,899 3.6 d.u.a. 60% 21.4% O-01-1286 8.8.01 Emerald Park 53 60 120 7,200 7,508 3.5 d.u.a. 50% 19.6% O-02-1366 10.1.02 Tiffany Park 72 60 100 7,200 7,580 3.5 d.u.a. 50% 20% O-04-1487 10.21.03 Tuscany 25 60 110 6,600 7,878 3.9 d.u.a. 50% 6.6% O-04-1442 2.17.04 Cambridge Place 35 50 58 4,500 5,300 4.2 d.u.a. 60% 22% O-04-1467 7.6.04 Villas at Oak Pointe 38 30/56 90/95 115 2,700 6,440 5,000 3.7 d.u.a. 90% 58% 22% O-06-1584 8.2.06 Copperglen 74 55 105 5,924 6,650 3.9 d.u.a. 65% 20% O-06-1595 10.17.06 Villas of Colleyville 22 59 115 6,655 8,936 3.4 d.u.a. 60% 21% O-07-1627 8.21.07 Enclave at Arbor Estates 67 65 120 8,700 9,350 2.9 d.u.a. 50% 19% O-07-1634 9.18.07 Creekside at Colleyville 16 50 105 5,000 7,257 2.4 d.u.a. 65% 20% O-07-1645 11.27.07 Somerset Manor 269 50/60 100 110 5,000 6,600 6,000 4.0 d.u.a. 50% 20.3% O-08-1672 5.6.08 The Preservation on Glade 50 50/55/ 60/75 100 6,000 9,000 7,204 4.15 d.u.a. 50% 15.7% n.a. d.u.a. = dwelling units per acre n.a. = not available ORDINANCE O-12-xxxx AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 12.04 ACRES ON TRACTS 3, 3E AND 3F, OF ABSTRACT 936 OF THE JOSEPH M LOONEY SURVEY AND LOT 1, BLOCK 1, OF THE BONE ADDITION FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC11-025; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference Ordinance O-12-XXXX Page 2 of 7 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 12.04 acres on Tracts 3, 3E and 3F, of Abstract 936 of the Joseph M Looney Survey and Lot 1, Block 1, of the Bone Addition from the R20-Single Family Residential zoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit “A” and as described in 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 3.99 dwelling units per acre. b. This development shall be generally consistent with the Statement of Planning Objectives attached as Exhibit “C”. c. The subject property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. Ordinance O-12-XXXX Page 3 of 7 2. DEVELOPMENT PLAN AND PLATTING a. The development shall be generally consistent with Exhibit “D”, which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit “D” to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat, approved as a single phase, in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Areas “A” and “B” noted below refer to Exhibit “E”: Area “A” a. Minimum Lot Size 5,400 square feet b. Minimum Lot Depth 100 feet c. Minimum Lot Width 50 feet at building line d. Front Building Line 15 feet e. Side Building Line 5 feet; or 15 feet on one side and zero feet on the other side f. Minimum Building Separation 10 feet g. Rear Building Line 10 feet h. Maximum Lot Coverage 50% Area “B” a. Minimum Lot Size 9,000 square feet b. Minimum Lot Depth 100 feet c. Minimum Lot Width 75 feet at building line d. Front Building Line 20 feet Ordinance O-12-XXXX Page 4 of 7 e. Side Building Line 7.5 feet; or 10 feet on one side and five feet on the other side with a 15 foot minimum f. Minimum Building Separation 10 feet g. Rear Building Line 20 feet h. Maximum Lot Coverage 50% 5. RESIDENTIAL DESIGN REQUIREMENTS The following requirements shall apply to all homes constructed in this development. a. Minimum home size: Area “A”: 2,100 square feet for a single story home. 2,300 square feet for a two story home. Area “B”: 3,000 square feet for a single story home. 3,200 square feet for a two story home. b. Minimum roof pitch: 10:12 c. Garage Standard: a minimum two car garage shall be constructed with wood, architecturally enhanced doors. d. Masonry: The exterior wall of all homes shall be composed of 100% masonry materials. Approved masonry materials shall adhere to the masonry materials allowed in Chapter 6 of the Land Development Code. e. Elevation requirements: Elevations shall have a hierarchy of plate dominance featuring custom front doors and entrances; balanced architectural features and interests with natural tones for paint and exterior finishes. Roofing shall contain either 40 pound Architectural Dimensional shingles, slate, tile or standing seam metal. Each elevation shall add interest to the entire street scape. f. Windows: Aluminum windows are prohibited. Windows shall be of higher quality and energy efficiency and shall be insulated glass with a “low-e” specification. 6. OPEN SPACE Ordinance O-12-XXXX Page 5 of 7 a. This development shall provide a minimum of 20.35% common open space, as shown on Exhibit “D”, which shall be for the leisure and recreational use of the development’s residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space may be utilized for storm water retention not to exceed 25% of the common open space area. 7. PRIVATE STREETS AND SIDEWALKS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Land Development Code. A curvilinear 10 foot wide trail shall be constructed within the open space area along the entire length of Glade Road. Said trail may be located on private property within the open space provided it is located within a public pedestrian access easement. b. All streets in this development shall be private. Right-of- way and pavement widths shall meet the following requirements: the minimum right-of-way for streets shall be 40 feet and the minimum pavement width for street shall be 31 feet, measured from back of curb to back of curb. A five foot utility easement shall be located along both sides of all internal streets. c. All gates shall meet the minimum requirements of Chapter 14 in the Land Development Code. 8. FENCES AND SCREENING a. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. b. All lots backing to the Common Open Space shall be open style fencing of decorative metal, and/or Masonry. c. Where open space lots border adjacent properties, either the existing fence shall be maintained or improved, or a decorative metal fence shall be installed, all in cooperation Ordinance O-12-XXXX Page 6 of 7 with the adjacent property owner. 9. OTHER a. All driveways and private walkway shall be of a washed aggregate or stamped finished concrete. b. All lots shall contain a minimum of two (2) three-inch (3”) caliper trees per front yard and one (1) three inch (3”) caliper tree per rear yard prior to the final inspection. Each lot shall be fully landscaped with an approved irrigation system in the front and rear yard prior to the final inspection. 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. 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. Ordinance O-12-XXXX Page 7 of 7 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of February 2013. The second reading and public hearing being conducted on the 19th day of February 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A –Location and Zoning Map Exhibit B – Legal Description The Preservation on Glade Colleyville, Texas - January 4, 2013 Statement of Planning Objectives The Preservation on Glade is a proposed residential neighborhood to be developed by Terra/ Manna, LLC under the Planned Unit Development (PUD) regulations for residential development in the City of Colleyville. The 12.04 acre property is located on the northwest side of the Glade Road/ Bluebonnet Drive intersection. The property is currently zoned Residential-20 “R-20” and is occupied by two single family homes, open space and agricultural areas. The surrounding area is fully developed. To the north is the Colleyville Police Center, to the west lies The Bridges at Riverwalk PUD-R, containing existing Office buildings along Glade, with “Villa” residential along the remainder. Across Glade Road is existing residential in an area zoned R-20 and AG. Across Bluebonnet Drive, to the east, is existing single family residential in a mix of R-20 and R-40 zoning. The subject tract is shown on the Future Land Use Plan as “Single Family Residential” for the northern ¾ of the site, with a layer of “Office” along Glade. We believe there would be a limited market for office in this location and are suggesting that the adjacent Offices in Riverwalk, with access to Riverwalk Blvd already present a logical conclusion to the office uses along Glade Road, and that a better use for this property would be to begin a transition from the office and higher density residential to the west, in The Bridges at Riverwalk PUD, to the lower density residential to the east. The proposed plan starts the transition by placing lots of comparable size to those in the Bridges at Riverwalk (6-7,000 s.f.) along the boundary with that PUD-R, then transitioning to 9,000+ s.f. lots along Bluebonnet (of similar width to many of the lots across the street), and is consistent with this and- we believe- the surrounding uses. The property generally slopes down from east to west and from our discussions with staff and the adjacent neighbors, we learned there is a concern regarding the existing sheet flow of drainage onto their lots. Our intention would be to capture that drainage and direct it to the appropriate drainage facilities and resolve this concern as an issue. Preliminarily, we believe the developed areas downstream have accounted for fully developed drainage coming from this property, but we have commissioned a drainage study to illustrate the current conditions and make sure this development- as proposed- would meet the requirements of the ordinances regulating development and drainage. Silt runoff will be strictly controlled during construction. In addition, we have agreed to have our engineers work with an independent civil engineer, hired by the Bridges at Riverwalk HOA, to verify the effectiveness of our proposed improvements. Exhibit C Quality and compatibility with the adjacent residential, as well as the rest of Colleyville are essential, and we have designed this proposal with those goals in mind. The residences planned for The Preservation on Glade will be very upscale, with selling prices estimated to range between $450,000 to over $700,000. The development will have as its focal point, and feature, an open space and landscaped perimeter located along the frontage of Glade Road, where the thickest grove and largest trees are located. This open space area will provide an excellent “front door” view from the more heavily travelled Glade Road, as well as an effective transition to the larger lot residential south of Glade. The southern, main entry road has been carefully located between the best trees identified on the tree survey, in an effort to save the best trees as well as result in a spectacular entry experience. Because of the traffic along Glade, and the safety concerns related to the somewhat limited visibility beyond the Bluebonnet/ Glade intersection, we have chosen to locate both of our entry roads on the much less travelled Bluebonnet Dr. The internal road is planned to be a private road, and gated at both entries, with a Resident Only gate at the northern entry and a Resident/ Visitor gate at the southern entry. We propose to build the normal Colleyville street section of 31’ (back of curb to back of curb), in a 40’ R.O.W. with 5’ utility and sidewalk easements on either side. The large existing trees in the open space area along Glade Rd. have been taken into consideration in project planning and as many of them as possible will be preserved during development. In addition, there will be a requirement of street trees (On 55’ Lots, one; on 75’ Lots, two) for every residential lot to be installed by the home builders, adjacent to the street rights of way, as well as two trees in each rear yard. To encourage pedestrian activity in the neighborhood, sidewalks will be built along the front of each lot, and the required 10’ trail will be built along the Glade Rd. frontage. A large landscaped setback will be preserved within an open space lot, to be owned and maintained by The Preservation Homeowners Association, along the Glade Rd. frontage. The scale and orientation of the development has been designed to have an inviting visual flow with the existing neighborhoods and surrounding uses. The design criteria of the homes will create high quality designed homes in keeping with both the immediate neighborhood and Colleyville as a whole. Development Schedule The Preservation on Glade will be developed in a single phase with the development commencing upon the successful completion of the zoning and platting and the subsequent approval of the final plat and engineering plans. Construction of homes is anticipated to start immediately upon completion of the subdivision’s infrastructure. Economic Development Information The Preservation on Glade will have a total of forty-eight (48) homes, each with an average estimated value upon completion of approximately $450,000 to over $700,000, resulting in an overall tax base of $26,400,000, based on a $550,000 estimated average. At the current tax rate of 2.694677%, the total taxes generated from the development are projected to be $711,394, with $ 98,327 generated directly for the City. Exhibit C Development Standards Permitted Land Use: Single Family Residential Detached Minimum House Size: 55’ Residential Lots: 2,100 square feet for a single story home, 2,300 square feet for a two story home 75’ Lots: 3,000 square feet for a single story home, 3,200 square feet for a two story home Minimum Lot Area: 55’ Lot: 6,000 s.f. 75’ Lot: 9,000 s.f. Minimum Lot Width: 55’ Lots: Fifty Five feet (55’) measured at the building setback line. 75’ Lots: Fifty Five feet (55’) measured at the building setback line. Front Yard Setbacks: 55’ Lots: Fifteen feet (15’) back of the property line, 25’ to Face of Garage. 75’ Lots: Twenty feet (20’) back of the property line. Rear Yard Setbacks: 55’ Lots: Ten feet (10’) 75’ Lots: Twenty feet (20’) Side Yard Setbacks: 55’ Lots: Optional Five feet (5’) on each side, or Fifteen Feet one side/ Zero feet (0’) other side. 75’ Lots: Optional Seven and One Half feet (7.5’) on each side, or Ten Feet one side/ Five feet (5’) other side (total of 15 feet minimum). Optional Development Standards for the 55’ Lots: 36 of the 48 residential lots shown on the Development Plan have a minimum width of 55’. As an option, those 55’ lots may instead be replaced with a combination of 50’ and 60’ minimum width lots, so long as the total number of those lots doesn’t exceed the original 36. The Front, Rear and Side Setbacks would remain as shown above for the 55’ lots (15’ Front, 25’ Face of Garage, 10’ Rear & 5’ Side or 15’/0’ Side) Minimum Lot Size: 50’ Lots- 5,400 s.f., 60’ Lots- 6,400 s.f. Minimum House Size for the 50’ lots is 2,100 square feet for a single story home and 2,300 square feet for a two story home. Minimum House Size for the 60’ lots is 2,100 square feet for a single story home and 2,300 square feet for a two story home. Exhibit C Minimum Roof Pitch: Minimum of a 10:12 roof pitch. Garage Standard: Minimum of a two car garage with wood, architecturally enhanced doors Masonry Requirement: Ninety Five percent (95%) brick, stone or real stucco masonry. No EIFS or artificial stucco material shall be permitted in the subdivision. Additional Elevation Requirements: Elevations will have a hierarchy of plate dominance featuring custom front doors and entrances; balanced architectural features and interests with natural tones for paint and exterior finishes. Roofing to be either 40 lb. Architectural Dimensional shingles, slate, tile or standing seam metal. Each elevation should add interest to the entire streetscape. Driveways and Private Walkways: All shall be of a decorative concrete. Windows: No aluminum widows allowed in the subdivision, only windows of higher quality and energy efficiency will be allowed. All windows will be insulated glass with a “low-e” specification. Fencing: Wood fencing between lots is permitted. All front elevation fences, from the front of the house to the side property line, shall be open style fencing of decorative metal, and/or masonry. All lots along Common Open Space shall be open style fencing of Decorative Metal, and/or Masonry. Where lots back to existing residential lots, the existing fence shall be kept. Where open space lots border adjacent properties, either the existing fence will be maintained, or a Decorative Metal fence will be installed, as per the Fencing Plan. Streetscape Standards: Minimum of one (1) three-inch (3”) caliper tree per each 55’ lot front yard and two (2) three-inch (3”) caliper trees per each 75’ lot front yard, and two (2) three inch (3”) caliper trees per each rear yard on all lots. Fully landscaped and sprinklered front and rear yard within sixty days of completing a house. Front Yard Maintenance: The open space lots within the subdivision shall be maintained in a consistent, uniform manner by The Preservation on Glade Homeowners Association through dues collected from the individual homeowners. Membership in the Homeowner’s Association is mandatory. Exhibit C Street Design Standards: Right of Way: Forty feet (40’) Travel Lane Width: Thirty-one foot (31’), back of curb to back of curb Turning Radii: Twenty feet (20’) Open Space Standards: The Common Open Space shall be either left natural (where disturbance and irrigation may harm existing trees) or fully landscaped and irrigated with a combination of trees and shrubbery pursuant to an approved landscape plan. The Common Open Space shall be owned and operated by The Preservation on Glade Homeowners Association which shall have a mandatory membership of all homeowners and shall collect dues in amounts satisfactory to maintain the Common Open Space. The Association shall have fine and lien rights as permitted by law to enforce compliance with the rules of the association. Signage: A monument sign identifying the subdivision shall be built at either entry from Bluebonnet Drive. Exhibit C Area Map Area “B” Area “A” Exhibit "E"