HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-6/10/2013
City of Colleyville
City Hall
Planning and Zoning
100 Main Street
Colleyville, Texas 76034
Commission
817. 503.1000
www.colleyville.com
Agenda
Monday, June 10, 2013City 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
May 13, 2013
2.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
3.REGULAR AGENDA ITEMS
3aApproval of a minor plat for 1.7 acres on Tract 2A01C, of Abstract 533of the
Mary M Freeman Survey, located at 205 Bandit Trail, Case PC13-008
City of Colleyville Page 1
Planning and Zoning Commission AgendaJune 10, 2013
4.PUBLIC HEARING AGENDA ITEMS
4aConsiderationfor a zoning change from R-40 Single Family Residential to R-
20 Single Family Residential on 10.2 acres on Lot 1, Block 1 of the Stajduhar
Addition located at 816 W. L.D. Lockett Road, Case ZC13-006.
5.ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards June 7, 2013by 5:00
p.m.
Taci Wrisley
Planning and Zoning Assistant
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 2
City of Colleyville
City Hall
Planning and Zoning
100 Main Street
Colleyville, Texas 76034
Commission
817. 503.1000
www.colleyville.com
Minutes
Monday, May 13, 2013 City Council Chambers
CALL TO MEETING TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville was called to order
by Chairman Byerly on May 13, 2013 at 7:15 p.m.
Roll Call
Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Jim Gotcher,
Don Davis, David Phelps, and Jeff Byerly
Staff Present: Ron Ruthven, Darren Cain, Taci Wrisley, Dale Crown, Clif Nelson, Marty
Weider, and Matt Butler (City Attorney)
INVOCATION
The invocation was given by Commissioner Wheelwright
1. APPROVAL OF MINUTES
Commissioner Knox moved to approve the April 22, 2013 meeting minutes
as corrected. Commissioner Wheelwright seconded.
The motion to approve as corrected carried with the following vo
Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
3. PUBLIC HEARING AGENDA ITEMS
3a Consideration for a zoning change from AG-Agricultural to PUD-R-Planned
Unit Development Residential on 53.2 acres on Tract 1G, Abstract
Hall Medlin Survey and Tracts 1A02 & 1C, Abstract 295 of the William E
Crooks Survey located at 7612 & 7624 Pleasant Run Road, Case ZC1-001
Ron Ruthven presented the case and briefed the Commission.
Commissioner Dudziak questioned staff regarding whether or not the
City of Colleyville Page 1
Planning and Zoning Commission Minutes May 13, 2013
possibility of hazardous chemicals being washed on to the subject property by
heavy drainage had been considered. Ron Ruthven replied the way
well site is currently graded, drainage flows to the south into
basin, away from the subject property. He further explained, during fracking
activities, vacuum trucks pump the water out of the containment
away from the site.
Commissioner Dudziak stated for the record he had some safety concerns
regarding the fact that the gas well site is still a heavy manufacturing site.
Commissioner Dudziak questioned staff regarding the requested si
waivers and would a sidewalk be constructed along Pleasant Run R
Ruthven replied a ten (10) foot wide trail was required along Pl
Road and the developer has requested a waiver for this trail. He further
explained staff recommends requiring escrow for the trail due to
construction on Pleasant Run Road still being in the design stag
Commissioner Dudziak questioned if the sidewalk was to be constructed on
Commissioner Dudziak questioned staff regarding how a pipeline m
out the gas well site and meet up on Pleasant Run Road. Ron Rut
to date an application for a pipeline has not been submitted. He further
explained possible routes for a pipeline. Commissioner Dudziak
staff regarding the minimum distance for pipelines and residential structures.
Ron Ruthven replied minimum distances are determined by the Department of
Transportation and he did not have those requirements available.
The public hearing was opened at 7:31 p.m.
Chas Fitzgerald, Art Anderson, and John Van de Voorde, on behalf of the
Wilbow Corporation, came forward and briefed the Commission.
Commissioner Dudziak questioned Mr. Van de Voorde regarding the
that would be used to construct the nature trail. Mr. Van de Vo
they anticipated using concrete. Commissioner Dudziak further q
Mr. Van de Voorde regarding the reason the trail was not continued to
Pleasant Run Road. Mr. Van de Voorde replied as there was nothi
Pleasant Run Road they did not feel it should go in that direction.
Commissioner Dudziak questioned Mr. Van de Voorde regarding the parkland
that was proposed to be donated to the City and would the City be
responsible for the maintenance? Mr. Van de Voorde replied the City would
be responsible for the maintenance.
Commissioner Gotcher questioned Mr. Van de Voorde regarding the proximity
City of Colleyville Page 2
Planning and Zoning Commission Minutes May 13, 2013
of gas wells and other developments the developer currently had.
Voorde stated they have a development that is adjacent to a well
none that were actively fracking or under development. Commissioner
Gotcher further questioned Mr. Van de Voorde regarding the closest one of
their homes has been built to a gas well. Mr. Van de Voorde rep
have a capped wellhead in the backyard of one of their homes but
the Texas Commission on Environmental Quality (TCEQ) has a maximum
allowance of 50 foot. He further explained the developer has me
Resource and were assured there was nothing that would prevent building
right next to the site.
Commissioner Phelps questioned Mr. Van de Voorde regarding the pd
maintain it. Mr. Van de Voorde replied correct.
Commissioner Phelps questioned Mr. Van de Voorde regarding the p
of open space not including the proposed donated parkland. Mr. Van de
Voorde replied the total open space, without the parks, would be
Commissioner Phelps questioned Mr. Van de Voorde on whether the
been consulted regarding the donation of parkland. Mr. Van de V
replied no. He further explained the developer was aware that as part of the
Parks Master Plan the City would be trying to acquire land for the purpose of
parks.
Commissioner Phelps questioned Mr. Van de Voorde regarding if there had
been any discussion with the City about the escrow refund language. Mr. Van
de Voorde replied it had not been discussed with the City.
Commissioner Byerly questioned Mr. Van de Voorde regarding the a
the language to allow public access to their trails. Mr. Van deied
they would consider it.
Commissioner Dudziak questioned Mr. Van de Voorde regarding how
residents would be notified there was a well site on the adjacen
Mr. Van de Voorde replied they have met with several interested
as part of their disclosures they are required to tell the poten
about the well site.
Chris Monroe, 1500 S. White Chapel Blvd., came forward and expre
concerns with the development.
James Spisak, President of Monticello Homeowners Association, came forward
and expressed the concerns with the development on behalf of the
Homeowners Association.
City of Colleyville Page 3
Planning and Zoning Commission Minutes May 13, 2013
Curtis Young, 8003 Jefferson Circle, came forward and spoke in s
this development.
There being no one else wishing to speak, the public hearing was closed at
8:17 p.m.
Chas Fitzgerald came forward to address comments.
Commissioner Wheelwright questioned Mr. Fitzgerald regarding if
been any discussion with the Monticello residents, to the west o
development, about the shared fence between the properties. Mr. Fitzgerald
replied no. He further explained he anticipated discussions in
those homeowners regarding the possibility of replacing the shar
Commissioner Dudziak question Mr. Fitzgerald regarding the lack of an
out an agreement.
Commissioner Byerly questioned staff regarding the request to donate
parkland in lieu of parkland dedication fees. Ron Ruthven repli
a new request that has not been reviewed by staff; it would need
through the proper channels before a decision can be made.
Commissioner Dudziak questioned staff regarding if there was a timeline for
the Pleasant Run Road sidewalk construction. Dale Crown replied
sidewalk project goes as far north as Bogart Drive and does not
further north. He further explained the northern section has no
planned.
Discussion continued between Commissioner Dudziak and Dale Crown
regarding the continuation of the sidewalk along Pleasant Run Ro
Commissioner Dudziak questioned staff regarding the runoff from
site. Dale Crown replied he was unsure of the runoff direction but believed
runoff eventually made its way to Big Bear Creek.
Discussion continued between Commissioner Dudziak and staff rega
direction of runoff.
Commissioner Dudziak stated he was not comfortable absorbing mor
parkland without first consulting with the Parks Department.
Commissioner Dudziak questioned staff regarding the proposed esc
amount to build the trail along Pleasant Run Road and was that a
City of Colleyville Page 4
Planning and Zoning Commission Minutes May 13, 2013
sufficient? Ron Ruthven replied the City Engineer would have to make that
determination based on his calculations.
Commissioner Dudziak questioned Mr. Van de Voorde regarding the
placement of fence along the southern border of the development.
de Voorde replied there will be builder fences put in place along the southern
border and would stop at the well site.
Commissioner Byerly questioned staff regarding the requirement o
masonry fence along the well site border. Ron Ruthven replied the masonry
fence would be required because it would be more durable than a wood fence.
He further explained the masonry fence would serve as a screen w
more privacy from the well site activities.
Commissioner Phelps questioned staff regarding the fence material
requirements along the western edge of the well site to the western edge of
the development. Ron Ruthven replied there would be no fence material
requirements beyond the well site.
Commissioner Phelps questioned staff regarding the proposed escr
Ron Ruthven replied the amount proposed would need to be analyzed by
staff.
standard on the sidewalk escrow and did not understand why the C
should deviate from those standards.
Commissioner Byerly made a motion to approve case ZC13-001 with
the recommendations per the draft ordinance and provided staff
reconsider the parkland dedication fees before moving to City Coun
in light of the 3.4 acre parkland dedication. Commissioner Davi
seconded the motion.
Discussion occurred amongst the Commission regarding what was being
agreed to from the draft ordinance and what was not.
Commissioner Dudziak offered a friendly amendment to ask that th
developer continue the trail to the Pleasant Run Road trail.
Commissioner Byerly and Commissioner Davis accepted the amendment.
The motion to approve with the following conditions: 1.That staff
public parkland before City Council consideration of this case. 2.
Connect the internal trail that will traverse the open space in
City of Colleyville Page 5
Planning and Zoning Commission Minutes May 13, 2013
development to the Pleasant Run Road trail shown in the Colleyvi
Pathways Plan carried with the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly
Chairman Byerly recessed the meeting at 8:44 p.m.
Chairman Byerly reconvened the meeting at 9:00 p.m.
3b Consideration for a Special Use Permit for a Package Store on Lo
1 of the Andy Felps Addition located at 3919 Colleyville Boulevard, Suite A,
Case ZC13-003
Darren Cain presented the case and briefed the Commission.
Commissioner Gotcher questioned staff regarding whether the park
be an issue for the subject property, regardless of the type of
Darren Cain replied correct.
Commissioner Dudziak questioned staff regarding the crime recomm
not being included in the attachments. Darren Cain replied it w
if the case goes to City Council.
The public hearing was opened at 9:06 p.m.
Amin Chagani, the applicant, came forward and briefed the Commission.
Henry Chen, on behalf of Henry S. Miller, came forward and brief
Commission.
Alex Lilley, the property manager, came forward and briefed the
Commissioner Dudziak questioned Mr. Lilley regarding the possibility of
adding more windows to the front of the building to allow police
Lilley replied it has not been brought up and would need to look into adding
windows before committing to do so.
There being no one else wishing to speak, the public hearing was closed at
9:22 p.m.
Commissioner Knox stated he did not feel there was enough suffic
evidence to approve this case.
Commissioner Davis agreed with Commissioner Knox.
Commissioner Byerly questioned staff regarding whether the shared parking
City of Colleyville Page 6
Planning and Zoning Commission Minutes May 13, 2013
agreement would allow for shared parking to be included in the p
requirement totals. Ron Ruthven replied the Land Development Cod
that any parking space within 300 feet of the property and any s
are not being used by the business of the property they are loca
can then be included in the total. He further explained an analysis of this
calculation has not been conducted. Ron Ruthven also stated there is a
mutual access easement between the properties.
Commissioner Gotcher questioned staff regarding if this case was
reviewed by the Commission strictly because of the liquor store
other types of businesses be treated the same. Ron Ruthven repl
explained the sole purpose of this case is due to the package store request.
He further explained most uses would be allowed with only a Cert
Occupancy, with the exception of a use such as a restaurant.
Commissioner Byerly questioned staff regarding the possibility of increasing
the building design score by adding windows and other architectural features;
and would the addition of landscaping be possible, at this locat
losing more parking spaces? Ron Ruthven replied no.
Discussion continued between Commissioner Byerly and staff regarding the
building design score and landscaping.
Commissioner Dudziak made a motion to deny case ZC13-003.
Commissioner Davis seconded the motion.
Commissioner Wheelwright stated he would be excited to see a new business
in Colleyville but overall he felt the plan was lacking.
Commissioner Byerly stated that he concurred with Commissioner
Wheelwright.
The motion to deny carried with the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly
3c Consideration for a zoning change from R40-Single Family Residential to
PUDC-Planned Unit Development Commercial on Lot 5, Block 3 of the
Southgate Addition located at 3709 Wayne Drive; and approval of
amendment to the PUDC-Planned Unit Development Commercial zoning and
development requirements on Lots 1 and 2, Block 1 of the Covenan
Academy Addition and Lot 1R of the Colleyville Presbyterian Chur
located at 715 and 901 Cheek Sparger Road, Case ZC13-004
Ron Ruthven presented the case and briefed the Commission.
City of Colleyville Page 7
Planning and Zoning Commission Minutes May 13, 2013
Commissioner Davis questioned staff regarding the usage of light
the sports fields. Ron Ruthven replied there is existing langua
lights not being used at night on the existing sports field. He further
explained that in order to allow for light for the stadiums an a
the site plan would need to be brought forward to the Planning a
Commission.
Commissioner Byerly questioned staff regarding the approval procfor the
sports field lighting; would the applicant need to bring forward
and open up the Special Use Permit as well?. Ron Ruthven replie
He further explained the Planned Unit Development-Commercial will remain
the same until an amendment is brought forward.
Commissioner Dudziak questioned staff regarding if the Commission was
being asked to approve the stadiums exclusively. Ron Ruthven re
Commission is being asked to approve the stadiums, conceptually.
Discussion continued between Commissioner Dudziak and Ron Ruthven
regarding items being voted on.
Commissioner Davis questioned staff regarding a written agreemen
previous case, from Covenant Christian Academy that stated night
events would not be occurring; therefore lighting would not be necessary. If
the new case is approved, does this change the 2009 ordinance?
Ruthven replied no, the Commission would be approving a conceptu
plan for future development.
Commissioner Byerly questioned staff regarding the possibility of a future
Commission approving this same site plan but still not approving
Ron Ruthven replied correct.
Commissioner Gotcher questioned staff regarding whether the ligh
being proposed is actually better than what currently exist, especially at the
property lines. Ron Ruthven replied all that currently exist is
lighting. He further explained has a lower foot candle rating a
line versus what the ordinance reads for this property.
Discussion continued between the Commission and Ron Ruthven rega
field lighting.
Commissioner Phelps questioned staff regarding exemption from tree
mitigation when a structure is built. Ron Ruthven replied tree
not apply in the building/structure footprint area but would apply in any other
area of the property.
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Planning and Zoning Commission Minutes May 13, 2013
Discussion continued between the Commission and Ron Ruthven rega
the exemption of tree mitigation.
Commissioner Phelps questioned staff regarding which facilities were being
added and which facilities currently exist. Ron Ruthven replied
site plan, a high school building has been removed. He further
gymnasium and a baseball field with a parking garage beneath were being
added.
Commissioner Dudziak questioned staff regarding the amount of open space
that would be remaining after the proposed facilities were const
Ruthven replied the open space percentage is 35 percent. Commissioner
Dudziak further questioned Ron Ruthven regarding what was being
considered open space. Ron Ruthven replied all landscape areas
football field were considered open space.
Commissioner Dudziak questioned staff regarding the open space b
to the public. Ron Ruthven replied open space is not intended for the use of
the public; open space is for the Planned Unit Development it is
The public hearing was opened at 9:49 p.m.
Keith Castello, on behalf of Covenant Christian Academy, came fo
briefed the Commission.
Commissioner Gotcher stated that he was impressed with the work
Covenant Christian Academy had put into this project.
Commissioner Phelps questioned Mr. Castello regarding the materi
were listed on the lighting information sheet that was given to the
Commission during pre-session and the lighting that was being described.
Mr. Castello replied the information sheet contains the material
that were being considered, without having discussed the lights
neighbors. He further explained the lights that are now being considered
have been discussed with the neighbors and were preferred by the
Shannon Chatham, 4413 Bowman Drive, Colleyville, came forward and
expressed she was in support of this proposal.
Charlene Wells, 2251 King Fisher Drive, Westlake, came forward and
expressed she was in support of this proposal.
Stefanie Baker, 4710 Cranbrook Drive West, Colleyville, came for
expressed she was in support of this proposal.
City of Colleyville Page 9
Planning and Zoning Commission Minutes May 13, 2013
Chuck Cunningham, 6413 Remington Parkway, Colleyville, came forward and
expressed he was in support of this proposal.
Shannon Caraway, 1907 Caspian Lane, Colleyville, came forward an
expressed he was in support of this proposal.
Brooks Lynn, 2606 Wildcreek Trail, Keller, came forward and exprd he
was in support of this proposal.
Commissioner Byerly stated there were 32 speaker cards from atte
did not wish to speak but wished to record their support for the
There being no one else wishing to speak, the public hearing was at
10:39 p.m.
Mr. Castello came forward to address comments.
Commissioner Phelps questioned Mr. Castello regarding the possib
of their athletes hitting balls out of the field from home plate
called head coach, Rusty Beam, forward to
answer the question. Mr. Beam stated while he wished the chances were
high, it is not likely that a ball would be hit out of the field
Commissioner Phelps questioned Mr. Beam regarding proposed netting
around the baseball field. The project architect, Glen Griggs came forward
and stated there would be netting and it was included in the ove
the structure. He further explained the buffer between the base
property line, and the neighborhood properties.
Commissioner Gotcher questioned Mr. Griggs regarding the tree line along the
property line preventing any stray balls from going over the fen
neighboring properties. Mr. Griggs replied if a ball makes it over the fence
and the netting, the trees are dense enough to stop it from goin
Discussion occurred between Commissioner Dudziak and Mr. Castell
project engineer regarding the lighting exhibit presented by Mr.
Commissioner Dudziak stated that he believed there may not be a bleed from
the light structure; however, there would at least be a ball of
Commissioner Dudziak questioned Mr. Castello regarding plans on
their hours. Mr. Castello replied they do not have issues with curfews being
put in place.
City of Colleyville Page 10
Planning and Zoning Commission Minutes May 13, 2013
Mr. Castello & Mr. Griggs presented a three-dimensional exhibit to explain the
view from neighboring properties.
Commissioner Phelps questioned Mr. Castello regarding the baseba
seating. Mr. Castello replied the seating around the baseball field would seat
450 people. He further explained this is the most they would ne
during a playoff game.
Commissioner Phelps stated he commended Mr. Castello on his pres
He further stated, historically, there has not been consistency and compliance
on follow through with their organization and creates hesitancy
Castello explained their comprehensive plan and the timeline the
presented.
Commissioner Dudziak questioned staff regarding the preliminary study of
drainage for this property. Dale Crown replied the preliminary
bones. He further stated a full drainage study will be done at
platting or building permitting and a downstream analysis would quired
per the Land Development Code.
Commissioner Dudziak questioned staff regarding the possibility
parking garage flooding because it is below grade. Dale Crown r
of the water would flow towards the detention pond in the centerthe
property and some would flow towards the south, toward the City
Commissioner Dudziak questioned staff regarding working with the
Bedford on drainage. Ron Ruthven replied staff has worked with the City
Bedford but he feels most issues will be resolved once Heritage Farms
develops on the property to the east.
Commissioner Dudziak questioned staff regarding a time frame of
development of Heritage Farms. Ron Ruthven replied the develope
Heritage Farms have told him they are still in design stages. Commissioner
Dudziak stated it would be three (3) or four (4) years.
Commissioner Phelps questioned staff regarding the effects downs
drainage from the construction of the baseball facility versus a swath trees.
Dale Crown replied it would have a positive impact on the drainage issues.
Commissioner Knox questioned staff regarding being able to contr
direction of drainage versus the drainage flowing in one directi
currently is. Dale Crown replied on some level it would help.
Commissioner Dudziak questioned staff regarding the football fie
Ron Ruthven replied it will be natural grass.
City of Colleyville Page 11
Planning and Zoning Commission Minutes May 13, 2013
Commissioner Dudziak questioned staff regarding having experienc
lighting that was proposed. Dale Crown replied he did not have experience
with the proposed lighting.
Commissioner Dudziak stated he would like some feedback, from st
proposed lighting.
Commissioner Dudziak questioned staff regarding the removal of t
allow for the football field additions. Ron Ruthven replied he has spoken to
the Fire Marshal and he has approved the conceptual plan with re
way the fire lanes are laid out.
Commissioner Phelps questioned staff regarding the easement adja
football field. Ron Ruthven replied currently there is a wall and holl
planted in the 20 foot buffer. He further explained there would
fire lane and a five (5) foot landscape buffer.
Commissioner Knox stated the project was well thought out and would be an
asset to the City of Colleyville.
Commissioner Davis made a motion to approve case ZC13-004.
Commissioner Knox seconded the motion.
Discussion occurred amongst the Commission regarding whether or not they
would be approving the lights.
Commissioner Dudziak stated his concerns to the proposed develop
Commissioner Wheelwright stated his support for the proposed dev
Commissioner Gotcher stated his support for the proposed develop
Commissioner Phelps stated his support for the proposed development.
The motion to approve carried with the following vote:
Aye: 6 - Knox, Wheelwright, Gotcher, Davis, Phelps, and Byerly
Nay: 1 - Dudziak
3d Consideration for a Special Use Permit for on-premise consumption of
alcoholic beverages on Lot 1R1, Block 1, of the Market Addition, loc
5005 Colleyville Boulevard, Suite 240, Case ZC13-005
City of Colleyville Page 12
Planning and Zoning Commission Minutes May 13, 2013
Darren Cain presented the case and briefed the Commission.
The public hearing was opened at 11:15 p.m.
Didier Viriot, the applicant, came forward and briefed the Commission.
Commissioner Dudziak questioned Mr. Viriot regarding if patrons would be
allowed to bring in their own alcoholic beverages. Mr. Viriot replied no.
There being no one else wishing to speak, the public hearing was closed at
11:16 p.m.
Commissioner Davis questioned staff regarding whether or not a l
had previously been obtained for this address. Darren Cain repl
Commissioner Dudziak made a motion to approve case ZC13-005.
Commissioner Wheelwright seconded the motion.
The motion to approve carried with the following vote:
Aye: 7 - Knox, Dudziak, Wheelwright, Gotcher, Davis, Phelps, and Byerly
4. ADJOURNMENT
The meeting adjourned at 11:17 p.m.
The minutes were written and prepared by:
Taci Wrisley
Planning and Zoning Assistant
The meeting minutes were approved on June 10, 2013 by a vote of ________.
City of Colleyville Page 13
Location and Zoning Map
7505750676017600
302
304 PUD-R
PUD-R
306
308
310
7504
7503
104
102
100
301
303
305
307
WILLIAMSBURG CT
309
AG
AG
7501
210
103
101
300
7404
200
204
R-30
R-30
R-40
R-40
298
7400
BANDIT TRL
300
7321
7315
7317
7320
7312
R-20
R-20
7313
7309
7313
7308
205
7308
R-20
R-20
7309
AG
AG
7309
7304
7301
7305
7300
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SubjectProperty
7301
7300
R-40
R-40
7301
7207
7212
R-20
R-20
7205
7205
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7201
7204
7215
7109
PUD-R
PUD-R
Aerial Looking North
SubjectProperty
AG
AG
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Plat Exhibit
Location and Zoning Map
110110136200 CHANTAL LN 901813
R-40
R-40
508
6113
715
6112715
6108
6109
R-40
R-40
R-40
R-20
R-40
R-20
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6105
715
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6100
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6017
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716
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712
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720
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TAPPEN SHIRE
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610
LAURA LN
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R-20
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PUD-R
PUD-R
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DUNS TEW PATH
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712
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5600
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5522
5525
5521
5529
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5518
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5513
5505
5512
5616
5514
909
907
Buffer Map
620462056099504
6201
62056200
6200
LAVACA TRL
62206215
501
62166213
6111
6209
6212
711
6107
6208
6205
6204
6201
504
CHANTAL LN
809
805
1013813
901
6200
1101
508
6113
715
6112715
509
6108
6109
6008
6104
6105
715
6004
6101
6100
6028
6032
6004
708
6000
60005917
60086020716
60166024
720712
724
704
6012
5935
LOCKLEY WAY
5928
5912
5931
5913
727
5924
6021
6025
6005
6021
715613
5927
711
719
723
59215922
5923
816
5920
5908
5909
6017
5918
5917
5919
5916
716
712
606
724
720
591359145915
5912
6013
5905
5904
5910
5909
5911
TAPPEN SHIRE
5908
727
610
LAURA LN
5906
59055907
5904
6009
715
711
5902
5901
5903
719
5900
5900
816
613
5846
584758495901
5844
6008
6005
58435842
5845
5840
712
716
720
5800
5812
5838
58395841
5836
5813
DUNS TEW PATH
6001
5816
5834
58355837
5832
58305808
58315833
5828
5809711
707
5812
715
5829
719
5824
816
5825
5820
5804
5808
5805
5821
5803
5816
708
708
5804
708
5815
5812
5800
5811
5801
712
58045807
5808
5801
716
5800
5996
5997
816
5714
5705
701
705
609
57045708
5712
801
805
5701707
5700
5700
1121
5609
5617
5616
5613
5612
5608
5608
5613729
5612
5609
Notification List
Owner NameOwner AddressOwner CityOwner StateOwner ZipSitus Address
A R A F Inc17290 Preston Rd Ste 114Dallas Texas752525801 Kays Ct
Adams, Kenneth J Etux Barbara5708 Texas TrlColleyville Texas760345708 Texas Tr
Akinmerese, Olawale Etux Olayi5912 Kays CtColleyville Texas760345912 Kays Ct
Anderson, Jared Etux Heather5800 Kays CtColleyville Texas760345800 Kays Ct
Ashton Dallas Residential Llc1221 N Interstate 35E # 170Carrollton Texas75006724 Lockley Way
Azer, Mervat N Etvir Sameh F5805 Kays CtColleyville Texas760345805 Kays Ct
Boots, Brian Etux Cathy E5900 Kays CtColleyville Texas760345900 Kays Ct
Childress, Michael S Etux Kara5904 Kays CtColleyville Texas760345904 Kays Ct
Croney, Edward J & Nancy M727 Tappen ShireColleyville Texas76034727 Tappen Shire
Dinh, Nhung Etux Chinh5913 Kays CtColleyville Texas760345913 Kays Ct
Ediger, Melanie L Etvir Steve724 Tappen ShireColleyville Texas76034724 Tappen Shire
Eitel, Jeramie6101 Emmas CtColleyville Texas760346101 Emmas Ct
Ellison, John Etux Debra5905 Kays CtColleyville Texas760345905 Kays Ct
Gohr, Martin Etux Lorraine809 Lavaca TrlColleyville Texas76034809 Lavaca Tr
Gordon, Mark K Etux Beverly W720 Lockley WayColleyville Texas76034720 Lockley Way
Hankins, Jeremy5816 Chalford CmnColleyville Texas760345816 Chalford Common
Hultquest, Philip P Etux Lily5712 Texas TrlColleyville Texas760345712 Texas Tr
Ishak, Ashraf Z104 W Ld Lockett RdColleyville Texas76034805 W L D Lockett Rd
Kuhlmann, Peter Etux Linda4423 Chapel RdGraham Texas76450801 W L D Lockett Rd
Lavaca Associates Llc5637 Smaller RdJohnstown Ohio430315908 Kays Ct
Lavaca Oaks Lp-6401 Westcoat DrColleyville Texas76034901 Lavaca Tr
Martin, Stephen Lee Etux Nan C813 Lavaca TrlColleyville Texas76034813 Lavaca Tr
Mentavlos, Michael Constantine727 Lockley WayColleyville Texas76034727 Lockley Way
Milligan, John720 Tappen ShireColleyville Texas76034720 Tappen Shire
Newton Team Homes IncPO Box 1162Colleyville Texas76034723 Lockley Way
Nykiel, Stephen & P Nykiel5909 Kays CtColleyville Texas760345909 Kays Ct
Rouse, James A Etux Nancy J R720 Duns Tew PathColleyville Texas76034720 Duns Tew Path
Scott, Walter & Christy401 Bridlewood SColleyville Texas760345917 Kays Ct
Shurtleff, David J & Teresa K719 Lockley WayColleyville Texas76034719 Lockley Way
Smith, Ted Etux Michele5704 Texas TrlColleyville Texas760345704 Texas Tr
Stajduhar, Martin Etux Lisa816 W Ld Lockett RdColleyville Texas76034816 W L D Lockett Rd
Thorne, Jennifer & Charles M5808 Kays CtColleyville Texas760345808 Kays Ct
Votaw, J T Etux Ruth5804 Chalford CmnColleyville Texas760345804 Chalford Common
Wellsheim, Matthew Etux Cheryl719 Tappen ShireColleyville Texas76034719 Tappen Shire
Wheelwright, David5701 Reatta PlColleyville Texas760345701 Reatta Pl
Willis, Randall Etux Yvonne6105 Emmas CtColleyville Texas760346105 Emmas Ct
Reatta Place Hmowners Assoc5506 Texas TrlColleyville Texas76034Courtsey Notice
L T Estates Hoa Inc215 W College StGrapevine Texas76051Courtsey Notice
Emerald Park H A Inc400 Country PlColleyville Texas76034Courtsey Notice
John Dickerson, Applicant8333 Douglas, Suite 1300Dallas Texas 75225Applicant
Public hearing notices were mailed
Fri., May 31, 2013 by Taci Wrisley
Aerial Looking North
LOCKLEY WAY
Subject Property
TAPPEN SHIRE
LAURA LN
DUNS TEW PATH
Site Plan
Statement of Planning Objectives
ORDINANCEO-13-xxxx
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING
THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 10.2
ACRESON LOT 1, BLOCK 1, OF THE STAJDUHARADDITIONFROM THE
R40-SINGLE FAMILY RESIDENTIALTO THE R20-SINGLE FAMILY
RESIDENTIALDISTRICT; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;AND
PROVIDING AN EFFECTIVE DATE
WHEREAS,the City of Colleyville has received an application for rezoning
under Case ZC13-006; and
WHEREAS,the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to enact a new zoning ordinance; and
WHEREAS,the City Council has appointed a Planning and Zoning
Commission to recommend the boundaries of the various
original zoning districts and appropriate regulations be
enforced therein and to recommend a new zoning ordinance;
and
WHEREAS,the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan designed to
lessen congestion in the streets; and to secure safety from fire,
panic, and other dangers; to promote health, general welfare;
to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements; and
WHEREAS,the Planning and Zoning Commission, has given reasonable
considerationto, among other things, the character of the
districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City; and
Ordinance O-13-xxxx
Page 2of 3
WHEREAS,the Planning and Zoning Commission of theCity 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 theproperty owners
generally, and to the persons interested and situated in the
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning of 10.2acreson Lot 1, Block 1, of the
StajduharAddition,from the R40-Single Family Residentialzoning
district to the R20-Single Family Residentialzoning district, as
depictedin the attached Exhibit “A”.
Sec. 3.THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Sec. 4.THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance of
the City of Colleyville, and upon conviction shall be punishable by
a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for eachoffense.
Sec. 5.THAT ifany 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.
Ordinance O-13-xxxx
Page 3of 3
Sec. 6.THAT inaddition 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,
neral welfare, and requires that this ordinance
comfort and ge
shall take effect immediately from and after its passage.
AND IT IS SO ORDERED.
nd
The first reading and public hearing being conducted on the 2day of July
2013.
th
day of
The second reading and public hearing being conducted on the 16
July 2013.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the ___________ day of _______________________ 2013.
ATTEST:CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMCDavid Kelly
City SecretaryMayor
APPROVED AS TO FORMAND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit“A”-Location and Zoning Map