HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/11/2002
City of
Planning & Zoning Commission
Agenda - March 11, 2002
Page 1 of 2
PUBLIC
COPY
Texas
AGENDA
PLANNING AND ZONING COMMISSION
City Hall - 5400 Bransford Road
Monday March 11, 2002
REGULAR MEETING:
7:00 P.M.
Call to Order:
Roll Call:
Chairman Gasper
Commissioners Jeffrey Wall, Bob Culley, Earl Swift, Mark Jones,
Bud Sellers, Mark Hollis, Jo Ann Gasper
Commissioner Wall
Invocation:
Pledge of Allegiance
Approval of Minutes:
February 25, 2002
1. Minor Plat of Powell Manor, requested by Rick & Sharon Powell, 1.097 acres located at
108 Quail Run Road, Case P-02-009
2. PUBLIC HEARING - Special Use Permit to allow a Tech & Business Center in the ML
District, requested by Dwayne Young, Lot 8R, Colleyville Industrial Park located at 1900-
1904 Industrial Boulevard, Case Z-02-007
3. PUBLIC HEARING - Zoning Change from R20 Residential to PUD-R Planned Unit
Development-Residential, requested by Ernest Hedgcoth, Lots 14 & 15, Block 1, Andy
Felps Addition located at 137 Acuff Lane and 136 Cheek Sparger Road, Case Z-02-008
4. PUBLIC HEARING - Amendments to the Land Development Code to regarding cross
access easements, Case Z-02-009
5. Citizens' comments regarding items not on the agenda.
6. Staff comments, reports and discussion items. The following applications were received
at the latest submittal deadline. These items may be on a future P&Z agenda:
· A Final Plat of LDS Addition, requested by Goodwin & Marshall, Inc. for Church of
Jesus Christ Latter-Day Saints, 6.090 acres located on the north side of McDonwell
School Road in the 300 block, Case P-02-012
· Text Amendments to the PUD-C (0-99-1131) for The Village at Colleyville, Case Z-
02-010
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
Planning & Zoning Commission
Agenda - March 11, 2002
Page 2 of 2
· A Special Use Permit for an accessory building, requested by Howard Holt for Pat &
Ed Wadley, on Lot 1 R, Block 1, Skipper's Estate located at 5200 Bill's Lane, Case Z-
02-011
· An amendment to the PUD-R (0-96-1052) for Spring Garden Addition, requested by
Doug Henderson for Statepark Coli eyville, Ltd., located at the northeast corner of
Cheek Sparger Road and Jackson Road, Case Z-02-012
7. Commissioners' comments and reports.
8. Adjournment
I certify that this agenda was posted on the Bulletin Board at City Hall on Friday March 8, 2002 at 4:30 p.m.
J. Clayton Husband, AICP
PLANNING & ZONING COMMISSION
Meeting Minutes - February 25, 2002
Chairman Gasper called the regular meeting of the Planning and Zoning Commission to order at
7:00 P.M. on February 25, 2002.
Roll Call:
Present:
Jeffrey Wall, Earl Swift, Mark Jones, Bud Sellers, Mark
Hollis, Jo Ann Gasper
Absent:
Bob Culley
Staff:
Clayton Husband, Jan Levy
Invocation:
Commissioner Hollis
Pledge of Allegiance
Approval of Minutes:
January 28, 2002
Commissioner Wall moved to approve the minutes of February 11, 2002 as submitted.
Commissioner Jones seconded the motion. The vote being:
Ayes: Wall, Swift, Jones, Sellers, Hollis, Gasper
Noes: None
1. Minor Plat of the Mikulik Addition, Lot 1 R, Block 1, requested by Wayne Johnson, for
Walter Mikulik, 2.89 acres located at 5100 Pool Road, Case P-02-008
Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He
informed them that the application was for a minor plat that contains 2.89 acres. He said the lot is
zoned AG and that zoning district has a minimum lot size of 3 acres. Clayton said the owner
purchased additional property and wants to incorporate the additional property into the existing lot.
Clayton said the lot is 96% of the required lot size and the Development Review Committee is not
opposed to the Planning & Zoning Commission granting a waiver of the lot area requirement for
this lot. He also told the commissioners that Chapter 9 of the Land Development Code gives
authorization for the Commission to grant a waiver of required lot size. He said granting the
waiver would have no affect on the required buildable area or setbacks, nor would there be an
adverse impact on the community by.
The commissioners had questions regarding changing the zoning on the property to R40. Walter
Mikulik, the applicant, was present to address the Commission. He told the commissioners that
he had not given the rezoning issue any consideration. Clayton Husband told the commissioners
Planning & Zoning Commission
Minutes - February 25, 2002
Page 1 of 3- Drart Copy
that there were no tax implications by the lot remaining AG and that Mr. Mikulik would still be able
to have a single family residence in the AG zoning district. Clayton informed the commissioners
that Mr. Mikulik had purchased additional property and wanted to incorporate it into the original
plat and the original lot and the additional property are zoned AG.
Commissioner Wall moved to approve the minor plat of the Mikulik Addition.
Commissioner Swift seconded the motion. When Chairman Gasper restated the motion, she
included the waiver of the minimum lot size requirement. Chairman Gasper called for the vote.
The vote being:
Ayes: Wall, Swift, Jones, Sellers, Hollis, Gasper
Noes: None
2. Citizens' comments regarding items not on the agenda: There were none.
3. Staff comments, reports and discussion items:
Clayton Husband informed the Commissioners about the cases that were recently filed.
4. Commissioners' comments and reports:
Chairman Gasper questioned the status of the Replat of the Village at Colleyville that was
withdrawn by staff from the last agenda and when would that case be scheduled for their
consideration? Clayton Husband said he believed the case would be placed on the next Planning
and Zoning Commission agenda on March 11, 2002.
There was general conversation and discussion by the commissioners on the following topics:
. The article in the Dallas Morning News relating to the apportionment of developer costs in
Flower Mound.
. The article in the newspaper that reported the City of Colleyville's bond rating was
increased to AA+.
. The bid for the construction of the library and city hall coming in at 1.2 million dollars less
than required.
. How the City determines the calculations for maximum numbers of cars on a street.
. The increased developments on McDonwell School Road and the potential increase in
traffic and traffic patterns in the area.
. Intersection improvements throughout the City.
Planning & Zoning Commission
Minutes - February 25, 2002
Page 2 of 3- Draft Copy
· The traffic problems associated with trucks getting stuck across John McCain Road near
the railroad tracks while making deliveries to the plumbing company.
Chairman Gasper suggested they adjourn the meeting, since the Planning & Zoning Commission
is talking about subjects that are really not the business of the Commission. She said the
commissioners could stay and talk among themselves.
ADJOURNMENT: The Commission moved to adjourn the meeting at 7:25 p.m. The motion
was seconded and passed by acclamation.
Respectfully Submitted,
Jan Levy
Planning & Zoning Assistant
Approved on: February 25,2002 as written.
NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is
available upon request.
Planning & Zoning Commission
Minutes - February 25, 2002
Page 3 of 3- Draft Copy
.~
Texas
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
March 11, 2002
P-02-009 - Minor Plat of Powell Manor, requested by Rick and
Sharon Powell, 1.097 acres located at 108 Quail Run Road.
STAFF REVIEW COMMENTS:
Rick and Sharon Powell are the owners of a 1 .097 -acre parcel of land located on the
north side of Quail Run Road, just east of San Bar. The owner has submitted a Minor
Plat of the property for review and consideration by the Planning & Zoning Commission.
The plat will create one residential lot with an existing residence.
The following is a summary of the major items associated with this Minor Plat.
Requirement for Platting. Chapter 8 of the Land Development Code requires that an
unplatted parcel be platted if the existing structure is proposed for renovation that
exceeds 50% of the value of the existing building. The owners propose to make an
addition to the house, which triggered this requirement.
Master Plan. The Colleyville Master Plan, adopted in 1998, designates this area for
single-family residential development. The proposed use of the property is consistent
with the Plan.
The owner's surveyor has addressed all Development Review Committee comments.
This minor plat only requires approval by the Commission.
RECOMMENDATION:
Approval
ATTACHMENTS:
· Location map
· Plat
· DRC Review Memo
. Applicant Response Letter
Prepared by:
Agenda Item No. 1 - Page 1
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Agenda Item No. 1 - Page 3
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE
FAX TO
FAX NO
FROM
February 26,2002
Bill Hooks ~ Rick & Sharon Powell
817-931-9818 ~ 817-788-0375
Clayton Husband, AICP, Development Coordinator
SUBJECT P-02-009 Minor Plat - Powell Estates
The Colleyville Development Review Committee (DRC) has reviewed your Minor Plat request
submitted to this office on February 15, 2002. The following comments are for your
consideration.
PLAT DRAWING
1. The subdivision name POWELL ESTATES must be changed. There is already a subdivision
with this name in the city.
2. Revise the title block to read MINOR PLAT rather than COMBINATION PRELIMINARY AND
MINOR PLAT.
3. Consider increasing the scale of the drawing to 1" = 40'. The existing scale makes the
drawing difficult to read.
4. The topographic lines and building footprints should be removed from the plat before it is
recorded with the Tarrant County Clerk's office.
OTHER INFORMATION
1. IMPACT FEES. Water, sewer and roadway impact fees would be due at the time a building
permit is issued for a new structure on the lot. The fees listed below are intended to
provide general information on the fees that could be assessed. The actual fee paid may
be different depending upon the specific plans for construction.
SBVER
not applicable - no increase in service writs proposed
$1,790 for a I-inch meter. Actual fee depends on water meter size and/or if a new
meter is installed.
$128 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter
is installed.
ROADWAY
WATER
P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587
DEVELOPMENT REVIEW COMMITTEE
P-02.()09 POWELL ESTATES
2. PARKLAND DEDICATION. Parkland dedication fees are not required for this property. The
Park Land Dedication ordinance provides for an exemption for any tract or lot occupied
by an existing residence at the time of adoption of the ordinance. If the property is further
subdivided in the future, park land dedication fees may be required at that time.
3. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are
not required for this property. The Land Development Code provides for an exemption
for any tract or lot occupied by an existing residence. If the property were further
subdivided in the future, this requirement would be reevaluated at that time.
4. INFORMATIONAL ONLY. The Colleyville Land Development Code is available on-line at
www.colleyville.com. Follow the link under Municipal Code. The Land Development
Code is in Adobe Acrobat format.
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, March 11,2002, 7:00 p.m.
none
RESUBMITTAL REQUIREMENTS
A marked-up print is available for pickup in the Community Development Department offices.
Once you have completed the changes to the drawing, please submit the following to our offices:
. 10 folded copies of the revised Minor Plat drawing
. one 81'2" x 11" reduced copy of the revised exhibit
. a written letter addressing each comment stating the comment has been addressed or offering
reasons why the requirement should be modified or waived
The above requested items must be submitted no later than Wednesday, March 6, 2002 in order to
make the scheduled hearings. The item will not be scheduled for the Planning & Zoning
Commission meeting until all items are submitted. Please contact me at 817-577-7587 or
husbandc@ci.colleyville.tx.us if you have any questions.
C: ENGINEERING DEPT
RRE DEPARlMENT
BUILDING INSPECllON
PUBLIC WORKS
ECONOMIC DEVELOPMENT
CITY MANAGER'S OFFICE
PAGE20F2
LOYD BRANSOM SURVEYORS INC.
CHARLES B. HOOKS JR.
REGISTERED PROFESSIONAL LAND SURVEYOR
1028 NORTH SYLVANIA AVE.
FT. WORTH, TEXAS 76111
834-3477 FAX 831-9818
March 5, 2002
TO: City of Colleyville
Development Review Committee
REF: Powell Manor (P-02-009)
Response to Comments by DRC on 2-26-02
1. Changed on Plat
2. '" " "
3. Stay with 1" = 50' Scale to prevent having to rework and rescale entire plat
4. Removed from plat
Fe ECET'tiEIl1
MAR ., 2002 !~
CITY OF COLLEYVIllE
BY COMMUNITY DEVtLO?MEN.
.$
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PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
March 11, 2002
Z-02-007 - Public Hearing - Special Use Permit to allow a Tech &
Business Center in the ML District on Lot 8R, Colleyville Industrial
Park, located at 1900-1904 Industrial Boulevard.
STAFF REVIEW COMMENTS
Dwayne Young, representing 1904 Industrial L.C., has applied for a special use permit on
property located at 1900-1904 Industrial Boulevard. The property is zoned ML Light
Manufacturing, and consists of two existing industrial buildings. The owners are requesting
a special use permit overlay for the property to allow additional land uses on the property.
A letter from the applicant is attached.
The existing buildings were permitted for construction in 1999. The zoning regulations at
the time allowed a variety of industrial and commercial uses in the ML district. However,
when the City Council adopted the Land Development Code in April 2000, several land use
changes were made in the ML district. The change adopted a requirement for special use
permits for a number of uses. The applicant is requesting 'blanket' special use permit for
property to allow additional some of these uses on the property.
The current uses located in the buildings include the following: church, mail-order
pharmacy, industrial equipment sales, a not-for-profit organization, and a sports training
facility. There is also 9,000 square feet of vacant space in the buildings.
The applicant proposes a blanket special use permit to allow the following uses on the
property: office showrooms, warehouse and distribution facilities, contractor's offices with
storage, and light manufacturing uses.
There are several advantages to approving this request. The proposed uses would be
specifically approved for this property only, making property more marketable to potential
users. The size of the existing buildings will limit the size of future users, and there is no
additional room to expand the buildings on the property. Future development patterns will
remain stable since the buildings are already in place. An alternative solution would be
changing the ML district general regulations to allow these uses by right in the overall
zoning district.
There are also several disadvantages to approving the request. Approval would give the
property special treatment that other ML zoned properties in the area do not have. There
would also be less control to evaluate specific users and their effects on surrounding
properties.
Agenda Item No. 2 - Page 1
IMPACT ISSUES
1. Master Plan. The rezoning request is generally consistent with the Colleyville Master
Plan, adopted in 1998, which shows this area as a future industrial area.
2. Surrounding Properties. The properties to north, south and west of this site are
zoned ML Light Manufacturing. The uses along the street include a variety of
commercial and industrial uses. Property to the east is zoned PUD-R and consists of
existing single-family residences. A zoning map is attached.
3. Development Trends. Moderate amounts of development have taken place in this
area. It is expected that commercial and industrial development and redevelopment will
continue to occur in this general area.
4. Infrastructure. Water and sanitary sewer service are available to the building.
5. Sales and Property Taxes. Sales tax revenue is generally limited for industrial uses,
but in some cases, sales tax would be collected. The current property tax rolls do not
show any tax exemptions for this property. The property is valued at $1.15 million.
6. Traffic Generation. The amount of traffic generated on a property depends entirely on
the use located on the site. In general, industrial uses generate fewer trips per day
than retail or office uses. The uses in the area do not usually operate at night, so most
traffic generated on the site would occur during daytime working hours.
The zoning exhibit has been reviewed by the Development Review Committee and meets
all of the requirements of the City for a zoning exhibit.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: Monday, March 11, 2002
City Council: Tuesday, April 2 and April 16, 2002
RECOMMENDATION:
Approval
ATTACHMENTS:
· Location & Zoning Map
· List of Property Owners Notified
· Correspondence from Applicant
· Draft Ordinance
Prepared by:
Agenda Item No. 2 - Page 2
LOCATION & ZONING MAP
'INDUSTRIAL a.VO
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Agenda Item No. 2 - Page 3
LIST OF PROPERTY OWNERS NOTIFIED
Geneva Realty Management
1808 Industrlal Blvd.
ColleyviUe. TIC 76034
1904 Industrial 2P LC
P.o. Box 742346
Dallas. TIC 75374
Centurion ADlerican Cust. Home:
1905 Industrial Blvd..
Col1eyvil~ fX 76()34
Dennis LuCl'$
1419 This1ewoodLane
Grapevine. TIC 76051
Robert &. Sheil. Small
5100 Thomp_on Terrace,#B
Col1eyville, TX 76034
Amcm~'s StQ~
2911 Turtle Cleek Blvd., Ste #70
Dallu, TX 75219
Alan &.lodi Peterson
2001 Tarrant Lane
Colleyville,1'X 76034
William &. lennifetHagen
20051'anant Lane
C()l1eyville, TX 76034
Donna&: Brian b>ftus
200$ Frances Drive
ColteYVille. TX 76034
David &. Michelle Cameron
2003 FrancC3 Drive
COlleyville, TX 16034
William &. Sandi Linz
2005 Frances Drive
ColleyviUe, TX 76034
Michael &. PatriciaClatk
2007 FNnces Drive
Colleyville, TIC 76034
Christopher&. B. L. Owens
2004 K.yleCoUft
Cplleyville. TIC 76034
Swift &. Gail Lindley
2002 K.yle Court
Colleyvilte~TX 16034
Jerry &: Melanie JohnsOn
2003 K.yle Court
COtleyvil1e. tx 76034
Agenda Item No. 2 - Page 4
D. y... CIJ./IlC.
Dwayne Young.
P.O. Box 54176
Hurst, TX 76054
Phone: 817~24-6544
FAX: 817-624-8564
E-mail: dyoungco@Oash_net
February 15, 2002
The City of Colleyville
5400 Bransford Rd.
Colleyville, TX 76034
Dear Sirs and Madams,
My name is Dwayne Young. I have been contracting in Colleyville since 1983. The
partners of 1904 Industrial L.C. Of Dallas, TX have retained my services to represent them
in the zoning matter attached. This partnership built the subject property in the latter
part of 2000 with the expectation of attracting smaller high end technology companies
such as computer repair and manufacturing companies, small manufacturers of
technology related components, and Internet start up companies. These uses as well as
contractors offices wI warehouse and warehouse I distribution were all permitted uses in
the ML Zoning District when these investors chose to build a one million dollar plus
facility in Colleyville.
Obviously zoning regulations change from time to time. It is not only the
responsibility of the Planning and Zoning Commission and City Council to direct the
growth and type of businesses in the City but their duty to do so. We applaud the
Planning and Zoning Commission and the City Council for their leadership and
direction. We believe that Colleyville is a great City with a promising future.
Approximately 6-8 months after completion of these facilities the Zoning
Ordinance was amended and several use categories were eliminated from the ML Zoning
District rendering the intended use of the facility impractical at best. The intended uses
ofOffice/Showroom and Office wI Warehouse and Distribution now require a special use
permit and Light Manufacturing has been forbidden altogether.
It appears that our property became an unintended consequence of these changes.
This property was designed and built with the express purpose of attracting high end,
clean businesses with every expectation of adding sales tax revenues to the City. These
type of businesses have been inquiring about the property but are all opting to go to
Grapevine and Southlake due the added cost, time, and uncertainty of being required to
apply for a "Special Use Permit". Some are not allowed at all. A partial list of the types of
businesses that have opted to go elsewhere are: Fire Systems Company, Carpet Sales &
Suppliesl Office-Showroom, Internet Sales Auction Company, Promotional Company,
Non Residential General Contractor, Home Builder, and Internet Provider. Four of these
businesses are sales tax collectors.
We therefore respectfully request that this property be granted a blanket HSpecial
Use Permit" for the following categories in addition to the current allowable uses or that
the ML Zoning District be amended to include these uses.
1. Office / Warehouse / Distribution
i. (Possibly with a square footage limit to keep from allowing a loophole for
large wholesale distribution)
2. Light Manufacturing
3. Contractors Offices / Warehouse
Dwayne Young
DRAFT ORDINANCE 0-02-xxxx DRAFT
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLEt TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR
BUSINESS AND TECH CENTER USES ON LOT aRt BLOCK 1, COLLEYVILLE
INDUSTRIAL PARK ADDITION; PROVIDING FOR A PENALTY FOR VIOLATIONS
AND AUTHORIZING PUBLICATION
WHEREAS, an application for a Special Use Permit for a several Business and Tech
Center uses was filed by Dwayne Young, representing 1904 Industrial
L.C., on February 18,2002 under Case No. Z-02-007; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land Development
Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and made
a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLEt TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are
hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described as Lot 8R, Block 1, Colleyville Industrial
Park Addition, by authorizing a Special Use Permits for the following
uses:
a. Office-Showroom
b. Warehouse and Distribution Facility
C. Contractor's Office with storage
d. Light Manufacturing uses
THAT this property shall be subject to all the regulations contained in
the Colleyville Land Development Code and Light Manufacturing
(ML) District.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
of the City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
Ordinance 0-02-xxxx
Page 2 of 2
Sec. 4
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2002.
day of
The second reading and public hearing being conducted on the
2002.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Exhibit A
Zoning Map
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PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
March 11, 2002
Z-02-008 - Public Hearing - Zoning Change from R20 Single
Family Residential to PUD-R Planned Unit Development
Residential requested by Ernest Hedgcoth on Lots 14 and 15,
Block 1, Andy Felps Addition, located at 137 Acuff Lane and 136
Cheek Sparger Road.
STAFF REVIEW COMMENTS
Lewis A. Brown is the owner of two lots located on the north side of Cheek Sparger Road,
at the northwest corner of Felps Drive. The owner has submitted a request to change the
zoning on the property from R20 Single Family Residential to PUD-R Planned Unit
Development Residential. The owner proposes to divide the property into six single-family
lots. The proposed lots would front on Felps Drive.
The subject property is 1.44 acres in size, with most of its frontage on Felps Drive. There
are no buildings on the property. The property is heavily wooded on the southern portion
ofthe tract. There is also a sizeable drainage ditch that runs across the southern portion of
the property, eventually draining into the bar ditch along Cheek Sparger Road.
The surrounding property is both commercial and residential in nature. Property to the
north is zoned PUD-C, and consists of warehouse buildings. Property to the south, east
and west is zoned R20 Single Family and developed as residences.
The following is an analysis of the major issues associated with this rezoning request.
Master Plan and PUD Standards. This rezoning request and the proposed plan exceeds
the recommended maximum residential density called for in the Colleyville Master Plan.
The Master Plan calls for a maximum density of 1.8 dwelling units per acre (dua), which is
generally equivalent to lots of about 20,000 square feet. The proposed density of this
project is 4.2 dwelling units per acre. The PUD-R standards contained in the Colleyville
Land Development Code allow for lots as small as 13,000 sf, provided this is balanced with
a minimum of 20% of the property in common open space. This project does not provide
any open space. The table below illustrates the differences between the PUD-R
requirements and the proposed development.
Design Element Dev.Code Proposal
minimum lot size 13,000 sf 9,500 sf
average lot size 16,000 sf 10,475 sf
minimum width 1 00 ft 95 ft
minimum deoth 120 ft 1 00 ft
front setback 30 ft 25 ft
open space 20% none
Agenda Item No. 3 - Page 1
Master Plan Land Use. The Colleyville Master Plan shows this area as both a future
commercial and residential area. The lot on Acuff Lane is designated as commercial
development, while the lot on Cheek Sparger is designated for residential development.
The bulk of the property west of Felps Drive is designated for future commercial and office
uses. The general area bounded by Cheek Sparger, Colleyville Boulevard and Felps Drive
already contains a mix of residential and commercial uses. It is likely that the trend to
commercial development will continue in the future as this area becomes less desirable for
residential development due to its proximity to Colleyville Boulevard.
Master Thoroughfare Plan. This property has frontage on three streets: Cheek Sparger
Road, Felps Drive and Acuff Lane. Cheek Sparger Road is classified as a Major Collector
on the Master Thoroughfare Plan. The owner will be required to dedicate additional right-
of-way along the property frontage on Cheek Sparger. The two remaining streets are
classified as Residential streets, and the streets appear to have sufficient right-of-way in
place. The owner is also responsible for constructing one-half of the width of the adjacent
roadways or escrowing an equivalent amount of money with the City for future
improvements.
Platting. The Land Development Code allows a PUD zoning exhibit to serve as a
preliminary plat, thus eliminating a major step in the approval process. However, the
property is currently platted. Ifthe zoning request is approved, the applicant must submit a
replat of the property, and all related engineering construction plans, for consideration by
the City.
Sidewalks and Trails. The Land Development Code requires sidewalks along Felps Drive
and Acuff Lane. The sidewalks must be at least 4-feet wide. This property is also subject
to the provision of the Colleyville Pathways Plan, which requires construction of hike and
bike facilities along Cheek Sparger Road. The Pathways Plan requires a 1 O-foot wide trail
along Cheek Sparger Road. The developer is required to construct the trail as part of the
public improvements for this property.
IMPACT ISSUES
1. Master Plan. The rezoning request is partially consistent with the Colleyville Master
Plan, adopted in 1998, which designates this area for future commercial and residential
area. The lot on Acuff Lane is designated as commercial development, while the lot on
Cheek Sparger is designated for residential development.
2. Surrounding Properties. There are several single-family residences in the area,
mostly along the east side of Felps Drive. There are single-family residences located
immediately west of the site. Commercial development exists generally north and west
of the property. A zoning map is attached.
3. Development Trends. Little development has taken place in this area. There are no
long-term trends established at this time.
4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-
of-way.
Agenda Item No. 3 - Page 2
5. Property Taxes. The current tax rolls do not show any property tax exemptions for this
property, according to information available from the Tarrant Appraisal District. The
1.44-acre tract is valued at $30,000. Estimated City property tax revenue, based on
current tax rates, is $104.22 annually. The applicant states each new house will be
valued at $200,000; though many of the surrounding houses on Felps Drive, Cheek
Sparger Road, and Felps Court are valued at less than $200,000.
6. Traffic Generation. The Institute of Transportation Engineers publication Trip
Generation provides estimates of expected traffic generation based on land use.
Single-family residences are expected to generate 10 trips per day, on average. The
six proposed residences would add 60 vehicle trips per day to the surrounding
roadways.
The zoning exhibit has been reviewed by the Development Review Committee and meets
all of the requirements of the City for a zoning exhibit.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: Monday, March 11,2002
City Council: Tuesday, April 2 and April 16, 2002
RECOMMENDATION:
Denial, due to technical non-compliance with the Land Development Code
ATTACHMENTS:
. Location and Zoning Map
. Zoning Exhibit
. List of Property Owners Notified
· Draft Ordinance
Prepared by:
Agenda Item No. 3 - Page 3
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ZONING EXHIBIT
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Agenda Item No. 3 - Page 5
LIST OF PROPERTY OWNERS NOTIFIED
lohn Ballard
6340 County Road 204
Orandview, TX 7~SO
Vicki Lindsey
300SFM646RoadN
Santa Fe. TX 7751 0
J~& p~ Moore
133 Acuft'Lane
CoUeyvi.ll~ TX 7~34
Virginia Garrett
128 Cheek Sparger ROad
Col1eyville, TX 76034
Edward" CurtiaBut1l$
120 Check Sparger Road
CoUcy'f'illet TX 76034
James French
P.O. Box 5S0
Tioga, TX 76271
Earleen Fay Wilks
132 Acuff Lane
Col1e}'\'il1~ TX 76034
Phillip Mills
128 Acuff Lane
Colleyville, TX 76034
Doris Raines
4101 Felps Drive
CoUeyvil1e,TX 76034
:Robert &Sherlynn McKeown
4Ot3 Felps Drive
COl1eyvil1e. TX 76034
Billy :Bratton
4Q09 Felps prive
Colleyvitle, TX 76034
Arthur Bell
400S Felps Drive
CQlleyvllle, TX 76034
Everett & Vemell Greer
4001 Felps Drive
Colleyville, TX 76034
E.G.Qreer
4001 Felps Prlve
CoBeyvitle, TX 76034
Evelet G. Greer
4001 Felps Drive
Col1eyvin~ TX 76034
Norma Edwards
210 Cheek Sparger Road
Colleyville, TX 76034
JoSeph MissUno
3101 Ruby Street
Bedford. TX 76021
Steven &; Wanda Knigltt
P.O. Box 1707
Colle}'\'ille. TX 76034
Richard & Kristie Ulery
123 Cheek Sparger Road
Colley'f'ille, TX 76034
Frederick &. Louise Skoog
127 Cheek SPlU'get Road
ColleyviUe, tx 76034
Michael Maurer
3912. Felps CQurt
CoUeyville, TX 76034
Case z-m~~008
~~rdlnQ to the last publiShed Tax Records dated.09-Q 1-01, individuals who own. f)rt)~rtythat
IS With'n the 200' of the. Proposed special usepermitl~Od..()l'/~nlnQ change request are lis.
above. I certify thatthep.a....ie. "sted. above have been "QtJfled of the pn>poSedchange
requesta$ requited by S~on 211 the Local Government Code. (Notices dated! FebrtJary
28, 20(2) ~-
Jan Levy
Q.. Planning & Zoning Assistant
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Agenda Item No. 3 - Page 6
DRAFT ORDINANCE 0-02-xxxx DRAFT
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF
COLLEYVILLEt TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF LOTS 14 AND 15, BLOCK 1, ANDY FELPS
ADDITION, FROM THE R20 SINGLE FAMIL RESIDENTIAL DISTRICT TO THE
PUD-R PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT;
PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING
PUBLICATION.
WHEREAS, an application for a zoning change was filed by Lewis Brown on
February 18, 2002, under Case No. Z-02-008; and
WHEREAS, the City of Colleyville has complied with the notification
requirements of the Texas Local Government Code and the
Colleyville Land Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning
amendment is in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLEt TEXAS:
Sec. 1
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the Zoning Map attached as Exhibit A, and described as
Lots 14 and 15, Block 1, Andy Felps Addition, by changing the
zoning of said property from the R20 Single Family Residential
district to the PUD-R Planned Unit Development-Residential district,
including any other conditions and restrictions imposed and
approved by the City Council, which are incorporated herein.
Sec. 2
THAT this PUD-R shall be subject to the following conditions:
1. GENERAL
a. The purpose of this PUD-R is for single-family residential
development, constructed at an approximate density of 4.2
dwelling units per acre.
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended
by this Ordinance.
Sec. 4.
Ordinance 0-02-xxxx
Page 2 of 5
2. PERMITTED USES
a. Single family residences, detached
3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Residential lot requirements and setbacks shall comply with the
following provisions, as shown in the Conceptual Site Plan attached
as Exhibit B.
a. Minimum Lot Size
b. Average Lot Size
c. Minimum Lot Width
d. Minimum Lot Depth
e. Front Building Line
f. Side Building Line
g. Rear Building Line
9,500 square feet
10,475 square feet
95feet
1 00 feet
25 feet
1 0 feet
1 0 feet
4. OPEN SPACE
a. This development shall be exempt from the requirement to
provide 20% open space.
5. SIDEWALKS
a. The developer shall construct a 10-foot wide hike and bike trail
along Cheek Sparger Road at the same time as other public
improvements are constructed in the subdivision.
b. Sidewalks along lot frontages shall be constructed by each
homebuilder. All sidewalks shall be constructed in accordance
with the requirements of the Colleyville Land Development
Code.
6. OTHER
a. The minimum square footage for all houses constructed in this
subdivision shall be two thousand (2,000) square feet.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with any zoning regulation
contained in the Land Development Code of the City of Colleyville
shall be guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Two Thousand Dollars ($2,000.00).
Each and every day such violation continues shall constitute a
separate offense and shall be punishable as such.
Ordinance 0-02-xxxx
Page 3 of 5
Sec. 5.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
,2002.
day of
The second reading and public hearing being conducted on the
,2002.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
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PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
March 11, 2002
Subject:
Z-02-009 - Amendments to the Colleyville Land Development
Code to regarding cross access easements.
STAFF REVIEW COMMENTS:
The Colleyville Land Development Code contains provIsions to regulate driveway
spacing on public streets. On busy major streets that serve adjacent commercial
properties, adequate driveway spacing is necessary to reduce the potential for traffic
accidents. During the development of commercial properties, staff routinely requires
cross access easements or shared driveway easements when the property is being
platted. However, there is no specific language in the Land Development Code to
require cross access easements or shared driveway easements. Attached is a letter
from Realty Capital Group requesting the inclusion of specific language regarding
mutual access easements.
The attached ordinance has been drafted to amend the Colleyville Land Development
Code to include specific language regarding mutual access easements.
RECOMMENDATION
Approval
ATTACHMENTS
· Letter from Realty Capital Group
· Ordinance No. 0-02-xxxx
Prepared by:
~
Barry LeBaron, I
Community De elopment Manager
Agenda Item No. 4 - Page 1
III
Realty Capital Corporation
TO:
Mayor Donna Arp
Colleyville City Council
City Manager Bill Lindley
Planning Director Barry LeBaron
FROM:
DATE:
RE:
Richard A. Myers
January 3, 2002
Colleyville Boulevard Issues
As the Widening of Colleyville Boulevard comes closer to reality, I think it is important that
ColleyviUeenact ordinances regarding cross-access and driveway placement for properties
located on the Colleyville Boulevard. Other cities have enacted these ordinances some time ago
(Grapevine on Highway 26 and Southlake on Highway 1709), and I think they are quite thankful
that they did. These ordinances improve safety, increase retail sales, allow for better-looking
boulevards and reduce traffic movements on the main thoroughfares. Everyone wins with a little
forward planning.
For example, properties along Highway 26 in Colleyville need to connect their parking areas and
drive lanes to their neighbors. In somecases,sIDaller properties should share a driveway.
Business andpropcrty owners usually have no problcmwithcross-access like this, as long as they
can plan for it in advance. It is silly to force a shopper in Colleyville to go out onto Highway 26
just to get to the adjacent development. In our Colleyville Square development, for example, one
bas to make two left turns on Highway 26 just to get from the Bodyworks Spa (in Colleyville
Square) to Emler Swim School (oW' neighbor). That is dangerous and reduces the desirability of
families to shop along Colleyville Boulevard. In addition, with the access between properties
closed off, those businesses and. property owners will be even more impacted by the planned
medians in Colleyville Boulevard.
Similarly, most cities also enact driveway spacing ordinances to reduce the chaos and danger of
too many curb cuts on the thoroughfare. Typically, the required spacing between driveways is
250 to 300 feet. ~.s. force.s P.roperty owners to share driYe)'lays and again encourages cross
access. Limiting driveways will also make the design of Colleyville Boulevard easier and will
make the road safer and more user-friendly.
As you can see, both ordinances work together. A city needs to require cross access if it requires
shared driveways. Fortunately, Col\eyville still has a tremendous amount of undeveloped
frontage on Highway 26, so you will ~e a large, positive impact on the future growth of the
City by enacting these ordinances. Quick passage of these ordinances is imperative, however, as
new commercial developments seem to be popping up frequently along the highway. .
Thank you for your consideration of this recoriunenc:Ja~on.
. L.
rpM r1y:'J
'.
1111 South Main Street, Suite 200, Gra.pevine, Texas 76051 - (817) 488-4200 -Fax (817) 424-2448
Agenda Item No. 4 - Page 2
ORDINANCE 0-02-xxxx
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 9 - SUBDIVISION DESIGN AND PUBLIC FACILITIES, OF THE
LAND DEVELOPMENT CODE, AS AMENDED, BY APPROVING
REQUIREMENTS FOR MUTUAL ACCESS EASEMENTS; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION.
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-
1214 on April 18, 2000, to adopt the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain
portions of the Land Development Code; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission
and the City Council was published in a newspaper of general
circulation in Colleyville at least 15 days before such hearing; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
forwarded its report and recommendation to the City Council for
consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLEt TEXAS:
See 1.
THAT Chapter 9 - Subdivision Design and Public Facilities of the
Land Development Code, as amended, is hereby amended to insert
a new Section 9.16.H - Mutual Access Easements to read as
follows:
Sec.9.16.H Mutual Access Easements
1. Purpose - The purpose of this requirement is to provide public
access to adjacent properties by reducing the number of driveway
cuts and potential traffic accidents on adjacent streets.
2. Applicability - This Section shall be applicable to properties
abutting and that may derive access from a Collector Street or
Arterial Street as shown on the Master Thoroughfare Plan.
3. Requirement - The City shall require the dedication of a mutual
access easement to provide cross access to adjacent properties
or shared use of a driveway to conform with the minimum
driveway spacing standards contained in Chapter 14 of this Land
Development Code.
See 2.
Sec3.
Sec4.
See 5.
Ordinance 0-02-xxxx
Page 2 of 3
4. Easement Dimensions - Easements for shared driveways shall
be 16 feet in width and 35 feet in length, but may vary given the
shape of the particular tract. Easements extending across the
entire width of the property shall not be less than 24 feet in width.
THAT Ordinance 0-00-1214, the Land Development Code, as
amended, shall remain in effect, except where amended by this
ordinance.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
THAT any person, firm or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2002.
day of
The second reading and public hearing being conducted on the
2002.
day of
ATTEST:
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
Ordinance 0-02-xxxx
Page 3 of 3
CITY OF COLLEYVILLE:
Donna Arp
Mayor