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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-3/22/2002 City of Planning & Zoning Commission Agenda - March 25, 2002 Page 1 of 2 Texas AGENDA PLANNING AND ZONING COMMISSION City Hall - 5400 Bransford Road Monday March 25, 2002 ~.:: REGULAR MEETING: 7:00 P.M. Invocation: Chairman Gasper Commissioners Jeffrey Wall, Bob Culley, Earl Swift, Mark Jones, Bud Sellers, Mark Hollis, Jo Ann Gasper Commissioner Culley Call to Order: Roll Call: Pledge of Allegiance Approval of Minutes: March 11, 2002 1. Final Plat of LDS Addition, requested by Goodwin & Marshall, Inc., for Church of Jesus Christ Latter-Day Saints, 6.090 acres located in the 500 block of McDonwell School Road, Case P-02-012 2. PUBLIC HEARING - Text Amendments to the PUD-C (0-99-1131) for The Village at Colleyville, Case Z-02-010 3. PUBLIC HEARING - 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 4. PUBLIC HEARING - Amendments to the PUD-R (0-96-1052) for Spring Garden Addition, requested by Doug Henderson for State park Colleyville, Ltd., located at the northeast corner of Cheek Sparger Road and Jackson Road, Case Z-02-012 5. TABLED ITEM - 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 6. PUBLIC HEARING - A Replat of Lots 11, 13, 43 & 59, The Village at Colleyville requested by the City of Colleyville for the City Hall and Library, located at 100 Main Street Case P-02-004 P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 Planning & Zoning Commission Agenda - March 25. 2002 Page 2 of 2 7. Citizens' comments regarding items not on the agenda. B. 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 Minor Plat of Huffman Addition, requested by Neal Huffman, 3.3694 acres located on the east side of Behrens Court in the,ABOO block, Case P-02-01$ · An Amended Plat of Lot 1, Block 1, Village Park Addition, Phase II, requested by Jim Dewey, Jr., JDJR Engineers & Consultants, Inc., located at 1009 Glade Road, Case P-02-014 9. Commissioners' comments and reports. 10.Adjournment I certify that this agenda was posted on the Bulletin Board at City Hall on Friday March 22, 2002 at 4:30 p.m. ~ Jan Levy, Planning & Zoning Assistanl PLANNING & ZONING COMMISSION Meeting Minutes - March 11, 2002 Chairman Gasper called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on March 11,2002. Roll Call: Present: Earl Swift, Mark Jones, Mark Hollis, Jo Ann Gasper Absent: Staff: Jeffrey Wall, Bob Culley, Bud Sell~rs Barry LeBaron, Clayton Husband Invocation: Commissioner Swift Pledge of Allegiance Approval of Minutes: February 25, 2002 Commissioner Gasper moved to approve the minutes as written. Commissioner Hollis seconded the motion. The vote being: Ayes: Swift, Jones, Hollis, Gasper Noes: None 1. Minor Plat of Powell Manor, requested by Rick & Sharon Powell, 1.097 acres located at 10B Quail Run Road, Case P-02-009 Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Hollis asked about the drainage and utility easement on the north side of the property. Staff responded that the easement was acquired through separate instrument and was not a part of this plat. Commissioner Gasper moved to approve the minor plat. Commissioner Swift seconded the motion. The vote being: Ayes: Swift, Jones, Hollis, Gasper Noes: None 2. PUBLIC HEARING - Special Use Permit to allow a Tech & Business enter in the ML District, requested by Dwayne Young, Lot BR, Colleyville Industrial Park located at 1900-1904 Industrial Boulevard, Case 2-02-007 Clayton Husband presented the case to the Commission and reviewed the staff briefing. Chairman Gasper opened the public hearing. Planning & Zoning Commission Minutes - March 11, 2002 Page 1 of 5 - Draft Copy There being no one present wishing to speak, the Public Hearing was closed. Chairman Gasper asked when the City Council changed the ML district with regards to the Land Development Code, was the property owner notified of those changes? Staff advised that the property owner was not specifically notified of these changes. Chairman Gasper asked what constitutes light manufacturing? Staff advised that typically lighter uses are conducted completely within a building and do not usually involve the storage of raw materials or finished products. Chairman Gasper stated if even though the business may not generate ~sales tax, they may provide ad valorem and personal property taxes. She stated that the request is reasonable. Chairman Gasper moved to approve Case Z-02-007. Commissioner Jones seconded the motion. The vote being: Ayes: Swift, Jones, Hollis, Gasper Noes: None 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-02-00B Clayton Husband presented the case to the Commission and reviewed the staff briefing. Chairman Gasper opened the public hearing. Ernest Hedgcoth, 5701-C Midway Road, Fort Worth, representing the applicant. He stated the property has been vacant for some time and was part of the proposed Wal-Mart grocery store. He stated the applicant is a homebuilder that lives in Colleyville. He stated the purpose of the PUD-R is to allow flexibility to permit a wide variety of development types. He stated many issues would be addressed through the platting process, such as drainage, streets and utilities. Mr. Hedgcoth stated the development would be an asset to the city. He stated the lot on the south end is larger than the rest, so they have room to dedicate some open space on that lot, and will establish a home owners association to maintain and own the lot. Commissioner Swift asked how the $200,000 homes compare to others in the area? Mr. Hedgcoth stated the price is above what is on Felps, but the homes on the south side of Cheek Sparger and in Bridlewood are in that range. Virginia Garrett, 12B Cheek Sparger Road. She stated she owns the two lots to the west on Cheek Sparger Road. She stated she has never been flooded from the drainage area, but the water does accumulate in the ditch. She asked what would happen to the drainage and the wetlands area when Colleyville Boulevard is widened? Commissioner Swift asked how Ms. Garrett's concerns be impacted by the development of the six lots? Staff advised that all development is required to comply with the drainage improvement Planning & Zoning Commission Minutes - March 11, 2002 Page 2 of 5 - Draft Copy requirements in the Land Development Code, and that engineering studies must be prepared to answer those questions. Steven Knight, 3917 Felps Court. He stated he is encouraged to see a residential proposal on the property, but he is concerned about the density of the project. He stated he realizes that there are economic considerations inherent in the proposal, but the density is twice the target in the Master Plan. He stated he is opposed to the request as it is proposed. Fred Skoog, 127 Cheek Sparger Road. He stated there is a serious drainage problem on the property, but the residential proposal is encouraging. ~~ Billy Bratton, 4009 Felps Drive. He asked what the difference was between R20 and PUD-R? Chairman Gasper stated the R20 is a general zoning category while a PUD-R is designed for properties that need special consideration. Ernest Hedgcoth addressed the Commission. He stated the property is not located within the FEMA designated flood plain, but there is a drainage problem that needs to be addressed. He stated the residential development would have less of an impact than a commercial development. Chairman Gasper asked who would be interested in purchasing this type of house? Mr. Hedgcoth responded that the applicant feels there is a good market for a house in this price range. There being no one else wishing to speak, the Public Hearing was closed. Chairman Gasper asked if the engineers have looked at the drainage issues. Staff advised that the drainage would be looked at upon the submittal of a plat, and this case is a zoning hearing. Gasper has concerns about the density, but does see some use for this type of development. Commissioner Swift stated he is concerned about drainage issues and the proposed density. Commissioner Hollis stated his concern that one or more of the lots may be undevelopable. He suggested that the number of lots be reduced and more open space be dedicated to address the drainage issue. Chairman Gasper stated she is uncomfortable granting the zoning with the drainage issue being unresolved. Commissioner Swift stated the overriding issue is the density since the drainage problems will be there regardless of the type of development on the property. Ernest Hedgcoth addressed the Commission. He stated his rough calculations show that residential development will produce less water off the property than commercial, which would produce twice the amount of water. He stated this case is only about the zoning on the property. Chairman Gasper asked if one lot were removed, would the project be feasible? Mr. Hedgcoth stated he believes that the six lots are needed to make the project financially viable. He stated the Commission could table the case to allow the applicant to appear at the next meeting. Planning & Zoning Commission Minutes - March 11, 2002 Page 3 of 5 - Draft Copy Chairman Gasper moved to table Case Z-02-008. Commissioner Hollis seconded the motion. The vote being: Ayes: Swift, Jones, Hollis, Gasper Noes: None 4. PUBLIC HEARING - Amendments to the Land Development Code regarding cross access easements, Case Z-02-009 .. Barry LeBaron presented the case to the Commission and reviewed the staff briefing. Mr. LeBaron stated that the City has already required cross access easements due to driveway spacing on major roadways. He stated the proposed amendment would require cross access easements on properties that abut a Collector or Arterial street. He stated such an easement is not needed on residential or other local streets. Commissioner Swift asked if the requirement for a 24-foot easement would be triggered by the adjacent development and the need for access to a driveway? Staff advised that statement is correct, and the 24-foot easement coincides with the width of a fire lane. Chairman Gasper opened the public hearing. There being no one present wishing to speak, Public Hearing was closed. Chairman Gasper asked about the impact on existing properties. Staff advised that this change would affect new plats, but many older plats have such easements. Chairman Gasper asked if there a spacing standards for driveways? Staff advised that the Land Development Code has requirements for driveway spacing and widths, which are located in Chapter 14. Chairman Gasper moved to approve Case Z-02-009. Commissioner Swift seconded the motion. The vote being: Ayes: Swift, Jones, Hollis, Gasper Noes: None . 5. Citizens' comments regarding items not on the agenda There were none. 6. Staff comments, reports and discussion items. Mr. LeBaron explained the requirement for a person to plat property that contains an existing structure, such as in the first case on the agenda. Planning & Zoning Commission Minutes - March 11, 2002 Page 4 of 5 - Draft Copy 7. Commissioners' comments and reports Commissioner Swift mentioned a March 9, 2002 article from the Dallas Morning News related to North Richland Hills funding for North Tarrant Parkway. He also mentioned a March 10, 2002 article about a citizen group in Flower Mound called Voters United. He also mentioned the plans to provide a traffic signal or roundabout at Pleasant Run Road and John McCain Road and that public meetings will be held in April. ADJOURNMENT: .:, The Commission moved to adjourn the meeting at 8:20 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, J. Clayton Husband, AICP Development Coordinator Approved on: NOTE: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - March 11, 2002 Page 5 of 5 - Draft Copy .~ l"exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 25, 2002 P-02-012 - Final Plat of LDS Addition, requested by Goodwin & Marshall, Inc., for Church of Jesus Christ Latter-Day Saints, 6.090 acres located in the 500 block of McDonwell School foad. STAFF REVIEW COMMENTS: The Church of Jesus Christ Latter-Day Saints is the owner of a 6.09-acre parcel of land located on the north side of McDonwell School Road in the 500 block, just west of the fire station. The owner has submitted a Final Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will create one lot for the construction of a new religious institution. The following is a summary of the major items associated with this Final Plat. Preliminary Plat & Zoning. This property was preliminary platted as part of the Westcliff Addition, approved by the City Council on February 5, 2002. The property is zoned PUD-R, and religious institutions are allowed uses in this zoning district. Master Plan. The Colleyville Master Plan, adopted in 199B, designates this area for single-family residential development. The proposed use of the property is consistent with the Plan. Open Space. The proposed plat shows an open space along and parallel to McDonwell School Road that is 40 feet in width. The plat shows a 20 foot open space along each side of Newkirk Lane. These open space areas will provide a greenbelt landscaped area to buffer the development from these two roadways. The opens space areas will be privately owned and maintained. The owner's surveyor has addressed all Development Review Committee comments. This plat will require additional approval by the City Council. RECOMMENDATION: Approval Agenda Item No. 1 - Page 1 ATTACHMENTS: · Location map · Plat · DRC Review Memo · Applicant Response Letter Prepared by: I " I I '\i~ -H ' J. Clayto~sband, AICP Development Coordinator .. -. Agenda Item No. 1 - Page 2 T" 1C 59.19 AC TR 1B 4.11 At TR ,., 104. ]11 ...C -TA 1J2: - TR 18 TA 1 a. 1C 26.3') AC 6~ ~ .- ,l\t,t,t:~ }1.1.. tJ~'JE 5 ,1\-60 tJFC~).,\.. P G09 1 ~vv - HilA .2: AC fA ill 14 At ~ a: 'J " ~: '" :; ... lA 2 i " .. ..50. fR 2F' ,I.!U AC '0 TA 30 14.142 AC (J IHlIR LN ~l 1 . 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PLAT DRAWING 1. There is one minor discrepancy between the metes and bounds description and the drawing. The discrepancy appears in the third call, and it appears the description should read N 870 01' 11" E. 2. An easement needs to be added to cover the proposed water line and fire hydrant on the west side of the property. The easement should be at least 12 feet in width. 3. The City Council approval block may be removed from the drawing. This plat only requires approval from the Planning and Zoning Commission. C I 4-.r Cv......<., I ~ > (~t',1,.;..c.; -tC' c...p(''''~''''''' - ....('f...Ll.A C (li"U -t-.... ,_(.iv, n' :; -kl -';"'--.. ENGINEERING CONSTRUCTION PLANS 1. The Engineering Department, Fire Department and Public Works Department have reviewed the engineering construction plans. Comments on the paving, drainage and utility plans are noted on a set of marked-up plans. These plans are ready to be picked up for revisions. Questions concerning the engineering construction plans should be directed to Choyce Morrow, P.E., at 817-577-7587. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a 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 or previously approved City- Developer Agreements. P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE P'()2'()12 LOS ADDITION ROADWAY $529 per 1,000 square feet GF A for RELIGIOUS INSmON uses. Actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $3,581 for a 2-inch water meter. Actual fee depends on water meter size and/or if a new meter is installed. $256 for a 2-inch water meter. Actual fee depends on water meter size and/or if a new' meter is installed. WATER SEWER , ~ 2. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the final plat. Since one new lot is being created by this plat, the payment of parkland dedication fees is required for this development. The fee for commercial development is $800 per acre. The fee must be paid before the plat is recorded with the County Clerks Office. A formal assessment of parkland dedication fees will be provided upon a~proval of the plat. The estimated fee for this plat, based on 4.982 acres, is $3,985 . 3. SITE PLAN. A landscape plan application has been submitted and is under review. The landscape plan must be approved before the issuance of any building permits on this property. 4. FIRE SPRINKLER. Buildings over 6,000 square feet in gross floor area will require an automatic fire sprinkler system, fire alarm system, Knox box system, and fire vault. An additional fire hydrant may be required on the property depending upon the location and layout of buildings on the site. 5. INFORMATIONAL ONLY. The Colleyville Land Development Code is available on-line at www.collevville.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 25, 2002, 7:00 p.m. none RESUBMITT AL 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: · 15 folded copies of the revised Final 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 noon on Wednesday, March 20, 2002 in order to make the scheduled hearings. The item will not be scheduled for the Planning & PAGE2OF3 DEVELOPMENT REVIEW COMMITTEE P-02-012 LOS ADDITION Zoning Commission or City Council meeting until all items are submitted. Please contact me at 817-577-7587 or husbandc@ci.collevville.tx.us if you have any questions. C: ENGINEERING DEFT FIRE DEPARTMENT BUILDING INSPECTION PUBUC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE30F3 GOODWIN~ M ARSHALL~ CIVIL ENGINEERS - PLANNERS - SURVEYORS March 20, 2002 Mr. Clayton Husband, AICP Development Coordinator City of Colleyville 5400 Bransford Road Colleyville, TX 76034 RE: LDS Addition - Final Plat P-02-012 Dear Mr. Husband: In response to the City of Colleyville's review comments concerning the above referenced project, we offer the following changes and explanations for the Final Plat. For ease of reference, the following are organized in the same order as your letter dated March 13th, 2002. PLAT DRAWING 1. We have changed the third call on the drawing to match the metes and bounds in order to create a clockwise direction around the subject tract, thus making the direction S 87007' 11 " W. 2. The 7.5 foot wide Drainage And Utility Easement (D. & U.E.) along the west side of the property has been changed to a 15 foot wide D. & U.E., with additional 12 foot Utility Easements (U.E.) to cover the necessary utilities. 3. The City Council approval block was removed from the drawing. ENGINEERING CONSTRUCTION PLANS 1. The engineering comments have been received and we are III the process of correcting the construction plans. OTHER INFORMATION 1. Weare aware that impact fees are due at the time of the building permit and we will be paying the appropriate amounts. 2. We are aware of the parkland dedication fee and feel that a non-profit Church should not be treated as a for-profit commercial development in regards to this fee. We 6001 BRIDGE STREET, SUITE 100 I FORT WORTH, TEXAS 761121 817-429-4373 (METRO) 1817-446-3116 (FAX) Mr. Clayton Husband March 20. 2002 Page 2 of2 would like the opportunity to discuss this matter with the staff and/or with the Planning and Zoning Commission on March 25, 2002. 3. We are aware that the landscape plan must be approved prior to the issuance of a building permit. .: 4. We understand the fire sprinkler comments and will be complyiftg with those regulations. The location of the fire hydrants will be worked out with the Engineering Department in conjunction with the construction plans. Clayton, I appreciate the staffs time and consideration of this project, and if you have any questions or need any additional information, please feel free to call me. Sincerely, Goodwin a~d Marsh~ ,C/.><:: ~~~ /) ---.J ( . ~~ - -_.---,~.- Edward W. Eckart, P .E. EWE/jc cce~ 7"eX8& PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 25, 2002 Z-Q2-Q10 - Public Hearing - Text Amendments to the PUD-C (0-99-1131) for The Village at Colleyville. .. .. 8T AFF REVIEW COMMENTS: On January 19, 1999, the City Council approved Ordinance 0-99-1131, which established the Planned Unit Development (PUD) zoning for the Village at Colleyville development located west of Colleyville Boulevard at the intersection with Main Street. Realty Capital Corporation is the owner and developer of this project which contains approximately 24 acres. The owner is requesting certain amendments to the PUD ordinance to address a number of issues not anticipated when the original ordinance was adopted by the City Council. Attached is a copy of the comments from the Colleyville Development Review Committee. Staff met with the developer on several occasions to coordinate the developer's requested changes and to resolve the concerns of the various municipal departments. Also attached is a copy of the ordinance showing the proposed changes with deleted text as strikethrough and added text as underlined. The following is a summary of the changes being proposed. 1. Added the words "Special Use Permit" to the regulation which authorizes the sales of alcoholic beverages for off-premises consumption. The provision for off- premises consumption was included in the originally approved ordinance, but it did not include the words "special use permit" as prescribed by the Colleyville Code of ordinances. 2. Added language to permit outdoor seating areas for food, lodging or entertainment uses. 3. Added a provision for a special use permit for the sales of alcoholic beverages for on-premises consumption in conjunction with a restaurant use. 4. Added a provision to allow by right parking lots, underground parking garages, basements, cellars, and aboveground parking garages containing less than fifteen (15) spaces. 5. Increased from six to fifteen, the number of parking spaces in an aboveground parking garage that is required to obtain special use permit approval. Agenda Item No. 2 - Page 1 6. Increased the percentage of lot coverage in the Neighborhood Center Zone from 90% to 95% lot coverage. 7. Reduced the rear building setback line from five feet to four feet to coincide with the four foot utility easements shown on the subdivision plat. B. Added a new Section E1 to handle the encroachments and overhangs of bay windows, balconies, cornices, roof eaves, and signs. A provision was also added to allow certain temporary structures such as planter boxes, benches, sandwich board signs, merchandise and up to four tables with chairs to be placed on the sidewalk. ~ 9. Added a provision to require a special use permit if more than four tables are used as an outdoor eating area on a public sidewalk. 10.Added a provision for special signage in conjunction with the grand opening of a new business. 11. Added a provision for the use of "Sandwich Board Signs" on the sidewalks. RECOMMENDATION Approval ATTACHMENTS · Location Maps · Letter from applicant · Bay Window Drawings · DRC Comments · List of Property Owners Receiving Notice of Public Hearing · Ordinance No. 0-02-xxxx Agenda Item No. 2 - Page 2 ---'--..-..- .-..-u_.._..__._.____.._u_.._u_u_..___.____~__ 1.. ~.J J. L.LJPVE S q1 'R IC P' ~ 2.5r2I . 'r 1".._Ulltt '_.___. ~7 M: p0RK CIT~ ~I r, ~ Q),? CD r 6.\3. SUpvQ)G 8. p.2 ,. CENTRA,- TR Itl ."., AC p0RK cITY ~ TR :!ll lB.' Ie ?-\P.~ f"\ B. B< vEY ~. B. SUR Q)G p.2 !- .8 .", "'2 I..I'C .R ~ 0 W 0: 5. -' 5 .:0 12 0 > OGfR 0 >- 0 l.u 13 '" ! 5 -' KR ..J 0 U I. 11.125 . ~OON IR 16 ~ ! 2 . ! , 3 --------- ~ w OPO TR 1... j RD R tlOOL. .16 AC :; NSFO 'I SC ~B8~ENTPRDN ..586 . 1 ,,~L.E pO , GJ$DAD \?-OL.sON.. . (l 'I .,' T.J;"IRVE.a . "?"t"'! ~ ~;~0~(,\-\ ~t:. Gt cr',) \ \.. cO\..\.. , , ,fR 4AI"4 I .n At. , , - . , TR .AIIU2 , .58 ~ ,AC I TR 191" 2.' At Location Map CASE # Z-02-01 0 - Village at Colleyville PUD-C Text Amendments ;:: 1" .,.IA5. .73 N: TR 4AIAJ .7" K TR 4AIA , TR 4AI I .7 At : 5.58 I'C q c RCC Realty Capital Corporation February 26. 2002 Mr. Barry LeBaron Community Development Manager City ofColleyville P.O. Box 185 Colleyville. Texas 76034 ~ RE: The Village at Colleyville - Ordinance 0-99-1141 Dear Mr. LeBaron: Below is a list of items that we request be amended in the above referenced zoning ordinance: 1. Section 5, Development Standards, A. Permitted Uses: Add "14. Outdoor seating for uses listed in #4 (Food and Lodging) and #5 (Entertainment) above. Seating may also be placed in sidewalk right-of- way so long as a 5' minimum pedestrian walkway is maintained from the curb to the tables." 2. Section 5, Development Standards, A. Permitted Uses: Add "15. Sale of on-premises alcoholic beverages." 3. Section 5, Development Standards, A. Permitted Uses: Revise #10 to read "Parking lots, underground parking garages, basements, cellars, and above ground parking garages subject to the limitations specified in Section 5. B. 5. " 4. Section 5, Development Standards, B. Permitted Uses with a Special Use Permit: Revise #5 to read "Above Ground Parking Garage containing more than six parking spaces." 5. Section 5, Development Standards, B. Permitted Uses with a Special Use Permit: Revise #6 to delete the words "on-premises." 6. Section 5, Development Standards, D., Table I - General Lot Criteria: Revise Maximum Lot Coverage for Neighborhood Center Zone to read "95%." 7. Section 5, Development Standards, D., Table 1 - General Lot Criteria: Revise Rear Building Setback for both main building and accessory building in both Neighborhood General Zone and Neighborhood Center Zone to read "4 feet." 8. Section 7, Supplementary Requirements, F. Advertising Signs: Add "#6 Grand Opening Signs - Upon the issuance of a Certificate of Occupancy for a new business, the new business shall be entitled to receive a Grand Opening Sign Permit. Signs may include one each of any combination of banners, pennants, sandwich board signs or temporary signs, which may be in addition to any other legal sign allowed by the Colleyville Sign Regulations. The height and area of such signs shall be limited to the applicable regulations for the sign classification. A temporary sign may be placed off- premises with the permission of the property owner. The permit holder shall be the responsible party for compliance with this provision. Approval of a Grand Opening Sign permit by the Code Official is required and shall be valid for a period of forty-five (45) consecutive calendar days. No permit fee shall be required for a Grand Opening Sign permit." 9. Section 7, Supplementary Requirements, F. Advertising Signs: Add "#7 Sandwich Board Signs - These may not exceed 4 feet in height and 3 feet in width. These signs may be placed on the sidewalk in front of the business during business hours." 10. Section 7, Supplementary Requirements: Add "(J.) Encroachments - The ordinary projection of window sills, cornices, eaves, awnings, roof extensions, light fixtures, lanterns, balconies, covered walkways, and signs may project over a required building line, easement line or right-of-way line for a distance not to exceed the amount allowed by the building code, provided that the projection 1111 South Main Street, Suite 200, Grapevine, Texas 76051 . (817) 488-4200 · Fax (817) 424-2448 maintains a minimum of eight (8') feet of clearance over a pedestrian walkway. Columns and/or posts used to support such projections may be placed within the approved projection distance. The ordinary projection of foundation lights and bay windows. with or without a permanent foundation. may project over a required building line. easement line or right-of-way line for a distance not to exceed eighteen (18") inches. provided that no more than one bay window projection shall be allowed per fifteen (15') feet of the total length of the wall of the applicable building. After vou have had a chance to draft these requests into ordinance form. ] would like to attach an addendum to the ordinance explaining whv we feel these items would be beneficial to thf proiect and the City ofCollevville. . Thank you for your consideration of these amendments. If you should have any questions about this request, please feel free to contact Jimmy Archie or me at (817) 488-4200 ext. 102. Si:/;~IY;/.Ih vv- ,}; 'I t ':/ Richa/d A. Myers RealtY Capital Corporation CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO March 12, 2002 Jimmy Archie 817-424-2448 ~ FROM Clayton Husband, AICP, Development Coordinator SUBJECT Z-02-010 The Village at Colleyville PUD-C text amendments The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office on February 28,2002. The following comments are for your consideration. GENERAL INFORMATION 1. Attached is a draft ordinance based on your application and the comments contained in this letter. The additions to the ordinance are underlined. If you would like an electronic copy of the document, which has the additions noted in blue print, please let me know. Please review the ordinance and let us know of any comments you have regarding the document. 2. REAR BUILDING SETBACK. The request includes revising the rear building setback from five feet to four feet. The DRC will not recommend adoption of this particular requirement. If a building were located within four feet of the property line, openings and wall penetrations would not be permitted. Such openings and penetrations could include windows, doors and access to fire department connections. The DRC will recommend that the rear setback remain at five feet. 3. OUTDOOR SEATING. The DRC will recommend that the use of a sidewalk in the public right- of-way that is used for outdoor restaurant seating be approved by a special use permit if the seating area contains more than two (2) tables. 4. ENCROACHMENTS. Based on the meetings between staff and the applicant, a new section dealing with encroachments into public right-of-way was added to the ordinance. This new section is Section E.l Encroachments and Use of Public Right-of-Way. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, March 25,2002, 7:00 p.m. Tuesday, April 16 and May 7,2002,7:30 p.m. P .0. Box 185 - Colleyville , Texas 76034 - 81 7.577.7587 DEVELOPMENT REVIEW COMMITTEE Z..()2..() 1 0 VILLAGE AT COLLEYVILLE RESUBMITT AL REQUIREMENTS Please submit the following to our offices: · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The revised drawings must be submitted no later than Wednesday, March 20, 2002 in order to make the scheduled hearings. Please contact me at husbandc@ci.colleyville.tx.us or 817-577- 7587 if you have any questions. C: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBUC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE 2 OF 2 ~ - ~V?~ 6.8.B. SURVE: ~_206 6 16 c TR IBIA 2.0 AC !F Lloyd Brothers PO Box 45 ':olleyville TX 76034-0045 Catherine Sue Young 811 Central Dr Colleyville TX 76034-3072 Jason B & Kimberly K Haley 711 Central Dr Colleyville TX 76034-3070 Bransford Park Land Trust Colleyville Glade Corp 4455 Alpha Rd Ste 2 Dallas TX 75244-4586 William L Mozingo 5007 Shadowood Rd Colleyville TX 76034-3095 Applebee's of Texas Inc 4551 W 10th St, Ste 100 Shawnee Mission KS 66207-4037 Lawler Properties Inc 201 North St Albertville AL 35951 Carl D & Brian C Mitcham PO Box 983 Colleyville TX 76034-0983 5224 Colleyville Ltd Brandon Hartsell 640 S Ayrshire St Crosbyton TX 79322-3218 Robert & Beverley Figueroa 817 Central Dr Colleyville TX 76034-3072 James & Julia Banks 715 Central Dr Colleyville TX 76034-3070 City of Colleyville ABC PO Box 264 Colleyville TX 76034-0264 Village Management Ltd 1111 S Main St, Ste 200 Grapevine TX 76051-5577 Colleyville Monticello Ltd 2425 E South lake Blvd, Ste 150 South lake TX 76092-6675 Mickey Freed & Hugh N Davis PO Box 130 Colleyville TX 76034-0130 Michael P & Mary L Fee 4508 Lakeside Dr Colleyville TX 76034-4526 William H & Anne MAdams PO Box 977 Colleyville TX 76034-0977 Keith Carroll Hudson PO Box 1227 Colleyville TX 76034-1227 Steven & Beth Groffman 815 Central Dr Colleyville TX 76034-3072 David P & Lela M Jones 713 Central Dr Colleyville TX 76034-3070 ~ Anthony T McNosky 5108 Pleasant Run Rd Colleyville TX 76034-3022 Colleyville Plaza 17400 Dallas Pkwy Ste 216 Dallas TX 75287-7306 Clinton P & Jeri K Brown 5005 Shadowood Rd Colleyville TX 76034-3095 Nelle C Sawyer Sawyer Living Trust 1594 Kalaniuka Circle Honolulu HI 96821-1252 Wesley W Abendroth 1912 Central Dr, Ste L Bedford TX 76021-5894 Doris A Bailey 113 Timberline St S Colleyville TX 76034 Charles Davidson 405 Shenandoah Dr Burleson TX 76028-4079 Jane M & Andrew W O'Pry 7141 Canyon Dr Park City UT 84098-5382 Kay Lynn Foster Hart 5301 Pleasant Run Rd ~olleyville TX 76034-3017 Case 2-02-010 According to the last published Tax Records, individuals who own, property that is within 200-feet of the proposed zoning change requested bre listed above. I certify that the parties listed above have been mailed notice of the proposed zoning change request as required by Chapter 211 of the Texas Local Government Code. Notices dated March 14,2002. J. Clayton Husband, AICP Development Coordinator ORDINANCE 0-02-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY AMENDING ORDINANCE 0-99-1141 IN ITS ENTIRETY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning district change was filed by Richard Myers on February 2B, 2002, under Case Number Z-02-01 0; 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 COLLEYVILLE, TEXAS: Sec. 1. THAT Ordinance 0-99-1141 is hereby amended in its entirety to read as follows: A. PURPOSE The purpose of this planned unit development is to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. This planned unit development diversifies and integrates residential and commercial land uses within close proximity to each other and promotes long-term economic sustainability for the city. B. PUD BOUNDARIES The property shown on the attached Zoning Exhibit A and described by metes and bounds as indicated on the attached Exhibit B shall be rezoned from the AG Agricultural district to the PUD-C Planned Unit Development-Commercial district and the Official Zoning Map and Zoning Ordinance Land Development Code of the City of Co lIeyville , Texas are hereby amended by the terms of this ordinance. Ordinance 0-02-xxxx Page 2 of 14 C. NEIGHBORHOOD AREAS This Planned Unit Development is hereby divided into two neighborhood areas. The boundaries of the neighborhood areas are shown on the attached Exhibit C. The neighborhood areas and their symbol designations are described as follows: Neiohborhood Center - The Neighborhood Center area shall serve as the commercial and business focal point of the development with a limited amount of area used for residential purposes. The Neighborhood Center area shall be designated with the letters "NC". Neiohborhood General. The Neighborhood General area shall serve as a secondary area for commercial and business activities of the development and may have a higher percentage of residential dwellings than the Neighborhood Center area. The Neighborhood General area shall be designated with the letters liNG". D. STATEMENT OF PLANNING OBJECTIVES AND DEVELOPMENT SCHEDULE The Statement of Planning Objectives and Development Schedule are attached as Exhibit liD". E. DEVELOPMENT STANDARDS Buildings or structures containing any combination of single-family residences and business use listed herein shall be allowed in accordance with the following Development Standards: 1. Permitted Uses - the following permitted uses shall be allowed within this planned unit development: a. Single-family Residences: Residential units may be either detached or attached, but not more than one residence shall be located per building site. A building site may have one ancillary residential structure. The habitable area of the ancillary structure shall not exceed 600 sq. ft. Within each neighborhood area, the maximum number of residential units on the ground floor of a building shall not exceed the following maximum residential densities: (1) NC Area: A maximum of 20% of the building sites in the Ordinance 0-02-xxxx Page 3 of 14 Neighborhood Center area may contain a single-family residence use on the first floor of its building. (2) NG Area: A maximum of 40% of the building sites in the Neighborhood General area may contain a single-family residence use on the first floor of its building. (3) A maximum of 30% of the building sites within the boundaries of this PUD-C may contain a single-fatnily residence use on the first floor of its building. (4) Not more than 45% of the total cumulative square footage of all floor areas within this PUD-C may be residential use. b. Retail: Retail specialty shops including, but not limited to, the sale of clothing, gifts, antiques, flowers and plants, books, jewelry, music, electronic equipment, computers and software, tobacco and related supplies, crafts, toys, cameras, souvenirs, greeting cards, artwork, furniture, hardware, sporting goods, house and garden supplies, office supplies, leather goods and periodicals. c. Service: Personal service shops including, but not limited to, travel agency, banks, airline ticket office, tailor, barber, beauty salon, spa, health club, shoe repair, food catering, dry cleaners, studios for dance, art, music, photography, radio, and television, or similar service uses. d. Food and Lodging: Small hotels, bed and breakfast inns, restaurants, cafes, coffee shops, bakeries, butchers, fish markets, delicatessens, ice cream parlors, cookie stores, grocery stores (includina a special use permit for beer and wine sales for off-premise consumption), drug stores, bagel or doughnut shops, and soda fountain shops. e. Entertainment: Entertainment venues including movie theatres, provided the total number of all movie screens does not exceed four; playhouses, comedy clubs, and jazz/music clubs. f. Office: Business offices including, but not limited to, software design firms, business consulting, security and commodity brokerage, general business offices, real estate sales, insurance sales, advertising, mailing and stenographic services, professional offices for lawyers, engineers, architects, doctors, dentists, psychiatrists, accountants, investment advisors, Ordinance 0-02-xxxx Page 4 of 14 orthodontists, or other office related businesses. g. Educational: Private Schools, and Day-care centers. h. Mixed-use: buildings or structures containing any combination of single-family residences and other uses listed herein. i. Public/Semi-public: Buildings or structures owned or operated by the City of Colleyville or The Village Owner'$ Association. Semi-public uses such as a neighborhood center, pool and related recreational facilities. j. Parking lots. k. Accessory buildings or uses as defined herein. I. Any use of a nature similar to the above when granted a special use permit by the Colleyville City Council. m. Outside sales on the sidewalk of art, antiques, fruit, vegetables, flowers, plants, gifts and souvenirs. n. Outdoor seatinq areas for food. lodqinq or entertainment uses. o. A special use permit for alcoholic beveraqe sales for on- premise consumption in coniunction with a restaurant use. p. Parkinq lots. underqround parkinq qaraqes, basements. cellars. and aboveqround parkinq qaraqes containinq less than fifteen (15) spaces. 2. Permitted Uses with a Special Use Permit - The following uses may be permitted upon approval of a Special Use Permit by the City Council as provided in the Zoning Ordinance Land Development Code of the City of Colleyville: a. Outside sales of cooked food and other items not listed m #4J above. b. Automobile Sales (Business may store no more than two new vehicles outside in a public parking lat.). c. Television and appliance repair service shop. d. Club, lodge or other fraternal organizations. Ordinance 0-02-xxxx Page 5 of 14 e. Aboveqround parking garages containing more than ~fifteen (15) parking spaces. 1. Sale of alcoholic bever:Jges on premises or off premises 3. Prohibited Uses - The following uses shall be prohibited within this planned unit development: ~ a. Drive-through commercial uses where patrons remain in automobiles. b. Vending machines, except within buildings. c. Retail uses containing more than 30,000 square feet of floor area per certificate of occupancy. d. Industrial and manufacturing businesses ~ that create noise, vibration or obnoxious odors. e. Kennels. f. Terminals or depots for large-scale storage or distribution of goods. g. Scrap yards for the processing or storage of waste materials. h. Automotive repair businesses. I. Telemarketing office with over 20 employees. j. Uses not listed herein shall be considered by following the procedures outlined in the Colleyville Land Development Code Zoning Ordinance for new and unlisted uses. 4. General Lot Criteria - See Table 1 below: Ordinance 0-02-xxxx Page 6 of 14 Table 1 General Lot Criteria Neighborhood Neighborhood General Zone (NG) Center Zone (NC) Lot Min. Area 2,600 s.f. Min. Area 2.600 sJ Dimensions Max. Area 5 acres Max. Area 5 acres Min. Lot 30% Min. Lot 45% Coveraae Coverage Max. Lot 90% Max. Lot .95% Coveraqe Coveraqe :: Setbacks Front 0' min - 15' max. Front 0' min - 15' max. Side 0' min - 15' max. Side 0' min -15' max. Rear - Main 5' !: min. Rear - Main a:~' min. Bldq. Bldq. Rear - Accy. a:!: Rear - Accy. 5' !: Bldg. Bldg. Height Max. Height 48 ft. or 3.5 stories Max. Height 48 ft. or 3.5 stories Notes: 1. the one-half story above third floor shall not exceed 400 sJ. 2. see Exhibit "F" for additional heiaht and use restrictions for certain areas 5. Special Use and Heiqht Conditions - The areas indicated on Exhibit F shall be limited to a maximum height of two and one-half stories and the areas indicated with an UR" on Exhibit F shall be additionally limited to residential use only. 6. Buildinq Exteriors - The exposed exterior walls of each building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, stucco or faux-stucco. 7. Roofinq - If a flat roof is constructed, all sides of the building shall have a mansard or built-up parapet wall roof at least four feet (4') in height, which shall simulate the look of a pitched roof from street level. unless !fa roof terrace is constructed, then railings may be used which comply with Paragraph ~ !!, Balconies. B. Balconies - Balcony railings must be constructed with wrought iron or masonry balustrades. 9. Buildinq Desiqn Reauirements - Articulation of walls shall not be mandatory. Buildings within this planned unit development shall be exempt from Section 24.17, Building Design Requirements Chapter 6 Buildinq Desiqn of the Colleyville Zoning Ordinance Land Development Code. 10. Exterior Buildinq Liqhtinq - Buildings may be lit with wall washer type lights, natural gas lamps, or low wattage decorative electric lamps. Lights shall be placed on buildings in a manner so as to not be a nuisance. Ordinance 0-02-xxxx Page 7 of 14 11. HVAC Systems - All air-conditioning condenser units must be hidden from street view or placed on the roof. 12. Backyard Walls - These shall be constructed 100% masonry materials or wrought-iron fencing. Any gates must be constructed of wrought iron. 13. LandscapinQ - Lots within this planned unit development shall be exempt from Section 24.16, Landsc::tping RogulattOns Chapter 4 LandscapinQ and Bufferin"Q ofthe Colleyville Zoning Ordinance Land Development Code. The landscaping within this Planned Unit Development shall be consistent with the landscaping shown on Exhibit" E." The owners of the first floor shall plant and maintain the storefront planting area (if applicable) along its street frontage. All sidewalks (six feet or wider) in the project will have tree planter islands spaced every thirty to thirty-five feet. Approved trees shall include Shumard Red Oaks, Sweet Gums, Burr Oaks, Live Oaks, Bald Cypress, Loblolly Pines, Cedar Elms and Chinese Pistachio. A minimum of 25% of the building sites shall be required to install and maintain a 24" wide planting area (at least B feet long) in the setback between their building and the sidewalk. The owners of the ground floor levels of these buildings shall be required to plant, irrigate and maintain flowers, vines or shrubs in those areas. In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees. Building site owners shall plant and maintain one approved tree in their backyard. 14. AwninQs - Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level wJ::HGR that front public sidewalks, if those buildings contain a residential use above the ground level. 15. Architectural Control Committee - The project Property Owner's Association must create an Architectural Control Committee, which shall be funded by the ovmers' associ::ttion Property Owner's Association. All building exterior specifications, site plans, lighting, signage and landscaping plans must be approved by the Architectural Control Committee prior to approval of a building permit. 16. Limitation on Late NiQht Hours of Operation - Businesses located within this PUD-C shall close at 10:30 p.m. on weekdays and Sundays, and 12:30 a.m. on Fridays and Saturdays. Ordinance 0-02-xxxx Page B of 14 E.1 ENCROACHMENTS AND USE OF PUBLIC RIGHT-OF-WAY Due to the unique nature of this planned unit development, encroachments of buildinQs and architectural features into the public riqht-of-way and certain uses within the public riqht-of-way shall be allowed within this planned unit development provided said encroachments and uses of public riqht-of-way comply with the requirements of this ordinance in lieu of the encroachment requirements of the Land Development Code. ~ 1. Encroachments below qrade - Approval by the Director of Public Services of a Riqht-of-way Permit is required for any buildinq encroachments below Qrade. 2. Encroachments of architectural features above qrade - Approval by the Buildinq Inspection Department is required for any encroachment of architectural features above qrade. provided such encroachments comply with the standards contained in the followinq table and local buildinq and fire codes: Riaht-ot-wav Encroachment Standards Type ot Maximum Allowable Encroachment Encroachment Bay Windows 18" with max. T lenath. 3' min. spacina & one bav window per 15' of site frontaae Awninas & canopies 80% of sidewalk width. 8' clearance over pedestrian area & 14' clearance over vehicle area. support columns not less than 2' from back of curb Sians 66% of sidewalk width. 8' clearance over pedestrian area & 14' clearance over vehicle area Liahts If the liaht encroaches 12" or less. it mav be mounted at anv heiaht on the buildina facade. Encroachments over 12" reauire 8' clearance over pedestrian area & 14' clearance over vehicle area and shall not encroach bevond 48" Eaves. cornices and From 8' to 15' above arade. one inch of encroachment for each balconies inch of clearance above 8' not to exceed 48" of encroachment. Encroachments 15' or more above arade shall have 8' of clearance over pedestrian area & 14' clearance over vehicle area and shall not encroach bevond 6' 3. Temporary structures in public riqht-of-way- The temporary use of sidewalk areas located within a public riqht-of-way shall be allowed for the followinq types of temporarv structures: planter boxes, benches, sandwich board siqns, retail merchandise, and four (4) tables with chairs, provided such temporary structures do not completely block pedestrian traffic. 4. Outdoor Eatinq Areas on public sidewalks - The use of a public sidewalk as an outdoor eatinq area containinq more than four tables shall be permitted only with approval of a Special Use Permit by the City Council. Ordinance 0-02-xxxx Page 9 of 14 F. SUBDIVISION PLAT Upon zoning approval, the developer shall submit a Preliminary Plan and a Final Plat, which shall generally be consistent with the attached site plan. The proposed deed restrictions shall be approved by the City Council. G. SUPPLEMENTARY REQUIREMENTS This planned unit development shall comply with the following supplementary requirements: 1. Open Space Requirements - This development shall provide open space areas as shown on the attached Exhibit E in lieu of any other open space requirements of the Colleyville Land Development Code Zoning Ordinance. 2. Park Land Dedication Fees - Payment of park land dedication fees at the rate applicable at the time of building permit shall be due and payable when a building permit is issued for each non- residential structure or primary single-family dwelling unit. 3. Street Rioht-of-Wav Widths - These shall be established upon approval of the Final Plat using the street and alley design standards contained in Paraoraph 7 Subsection G, below. 4. Sidewalks - Sidewalks shall be required for all lots in this development. 5. Garaoes/Accessorv Buildinos - The walls of these buildings shall be 100% masonry, constructed of similar materials as the building on the same building site and shall cover no more than 20% of the building site area, and they may be connected to the main building by an enclosed walkway. These buildings shall comply with all other requirements in this ordinance. 6. Advertisino Sions - Buildings may contain the following types of signs: a. Wall Signs - The size of a wall sign shall be limited to the size of the building wall it is attached to: either 10 percent of the wall area or 1.5 square feet for each linear foot of the building's wall, whichever is less. Ordinance 0-02-xxxx Page 1 0 of 14 b. Projecting Signs - These may not exceed 20 square feet in size, with a clearance of at least eight feet above ground level. c. Awning Signs - Individual letters on awning signs shall not exceed 12 inches in height. d. None of the above signs shall be internally lit. These signs may be front-lit with lights that do not create an unreasonable glare on adjacent buildings. .. e. Window Signs - Food and Lodging and Entertainment uses may use internally lit window signs (made of decorative neon) inside of their businesses. Any business shall be limited to a maximum of two window signs. Internally lit box signs shall not be permitted. f. Grand Openina SiQns - When a certificate of occupancy has been issued for a new business and within 1BO days thereafter, one (1) Grand Openina Sian permit shall be allowed to advertise the new business. Siems mav include one each of any combination of banners, pennants, or temporary si~ms, which may be in addition to any other leaal sian allowed by the Land Development Code. Heiaht and area of such sians shall be limited to the applicable reaulations for the sian classification. A temporary sian may be placed off-premises with the permission of the propertv owner. The permit holder shall be the responsible party for compliance with the Grand Openina Sian Permit reaulations. A Grand Openina Sian permit shall not be valid for more than sixty (60) days. No permit fee shall be required for a Grand Openina Sian permit. a. Sandwich Board Sians - One (1) temporary Sandwich Board sian shall be allowed per business, provided such sian does not exceed fortv-eiaht inches (4B") hiah and thirtv-six inches (36") wide and is located adiacent to the business and not more than fifty (50) feet from the business entrance. 7. Street and Allev Desian a. Two-way Street - The cross-section of the typical village street shall be comprised of twenty-four feet of drive lanes (two, twelve-foot lanes); two, seven-foot parallel parking spaces; and a ten-foot sidewalk on each side of the street. The total public right-of-way shall not be less than fifty-six {56} feet wide. b. One-way Street - A cross-section of a typical one-way street shall contain an eighteen-foot drive lane, one seven-foot parallel Ordinance 0-02-xxxx Page 11 of 14 parking space and sidewalks ranging in width from three feet to six feet. The public right-of-way for a one-way street shall not be less than thirty-five (351 feet. c. Alley - The cross section of the typical alley shall contain twelve feet of pavement with green space on each side. The alley right-of-way width shall not be less than twenty (201 feet. B. Public Area Landscaoinq - Public parks in the plPject shall be landscaped and irrigated according to plans approved by the City of Colleyville. 9. Security Fencinq and Walls 3S follmvs: a. a six foot masonry screening wall shall be constructed along the entire length of the northern boundary from the City Park to Pleasant Run Road, and b. an eight foot masonry screening wall shall be constructed along the three common property lines with Tract 2A2, B.B.B. & C.R.R. Co. Survey, Abstract 206, and c. an eight foot wrought iron fence with openings for gates shall be constructed along the western property line where this planned unit development is adjacent to the City owned park property, and d. a gate shall be constructed at the west end of Central Drive with card-key access for the residents of Central Drive. H. AMENITIES 1. Parks and Playqrounds - All or portions of certain lots identified on the project site plan must be set aside for public parks, meeting areas and playgrounds. 2. Sidewalk Amenities - Besides the trees and other landscaping, sidewalks shall be constructed to contain the following amenities: bicycle racks, benches, bulletin boards, drinking fountains, underground electric outlets for sidewalk vendors, chess and checkers tables, and water fountains. 3. Street Liqhts - The street lights may be either gas or electric and shall be installed on the sidewalks and be of a style which compliments that architectural style of the project's buildings. Ordinance 0-02-xxxx Page 12 of 14 4. Walkinq Paths - Certain paths in front of some lots and building sites will be for pedestrian and bicycle use only. These paths shall range from eight to twenty feet in width and shall be constructed of brick, stone and/or concrete. 5. Street Siqns - Street signs sRaU may be attached on the appropriate buildings at each intersection. The signs, if attached, shall be placed fifteen (151 feet above street level and shall be front lit with a decorative lighting fixture. The signs shall ~ontain eight- inch letters. . I. PARKING REQUIREMENTS The parking requirements for this planned unit development shall be as follows and subject to review when the project is 50% complete: 1. The parking shall be provided according to the parking requirements of this section, provided that when 50% of the development is completed within the NC-Neighborhood Center area, the City shall have the authority to review the parking demands and re-assess the parking ratio by the development. The developer shall reserve spaces throughout the development to provide extra parking at the 50% reduced development stage. The City shall additionally have the authority to review the parking supply and may re-assess the parking ratio when 50% of the development is completed within the NG-Neighborhood General area. 2. Parking spaces shall consist of a combination of parking spaces provided on the street, on each building site, within a parking garage or in an open parking lot. Approximately thirty (30) percent of the parking requirements will be provided on the streets as streets are constructed within the development. The remaining seventy (70) percent of the parking requirements shall be provided as building permits are issued for each structure in accordance with the following requirements: a. Residential Uses - The parking requirements for residential units shall be as follows: (1) Ground floor - when a primary residence is located on the ground floor, two (2) parking spaces shall be provided on the same building site as the dwelling unit and one additional on-site parking space if the building site contains an ancillary residential unit. (2) Upper floor - when a primary residence is located on an Ordinance 0-02-xxxx Page 13 of 14 upper floor, two (2) parking spaces shall be provided either on the same building site as the residence or in a parking lot or parking garage located within 400 feet of the residence. Said parking spaces shall not have been used in calculating parking needs for any other residence or use within the planned unit development. b. Non-Residential Uses - The parking requirements for non- residential uses shall be at a ratio of one (1) parking space per 400 square feet of floor area. Parking spaces shall either be located on the building site, in a parking lot, or in a parking garage. Said parking lot or parking garage shall be located within 400 feet of the use requiring the parking space. Said parking spaces shall not have been used in calculating the parking needs for any other use within the planned unit development. c. Parkinq Space Records Retention - When off-site parking spaces are provided to satisfy the parking requirements of this ordinance, the City of Colleyville Community Development Building Inspeotion Department shall maintain records of the number of parking spaces used in calculating parking needs for each building site and no building permit shall be issued for a structure for which adequate parking is not included with the building permit application. d. Public Parkinq - Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit E. All public parking shall be free of charqe. Parking time limits shall be two hours for parallel parking spaces from 9:00 a.m. to B:OO p.m. Parking time limits shall be four hours for parking lots, unless the vehicle has a prepaid parking permit (for business owners and employees). No overnight parking shall be permitted in the parking lots. J. PROPERTY OWNERS ASSOCIATION Each property owner in the project shall be a member of the owners' association which shall collect quarterly fees from each property owner for payment for the following common services: landscaping, Village promotions and events, cleaning, security, marketing, architectural control and project administration. If a Village property owner fails to timely pay its association fees, the owners association's declaration of covenants shall enable it to file a lien against that owner's property. Sec. 2. Ordinance 0-02-xxxx Page 14 of 14 THAT Ordinance 0-99-1141 shall remain in effect except where amended by this ordinance. Sec. 3. 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 ~ such. 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, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 25, 2002 Z-02-011 - Public Hearing - Special Use Permit for an accessory building, requested by Howard Holt for Pat & Ed Wadley, on Lot 1 R, Block 1, Skipper's Estate, loqated at 5200 Bill's Lane. . 51 AFF REVIEW COMMENTS: Pat & Ed Wadley are the owners of a 7.91-acre parcel of land located at the north end of Bill's Lane, north of Glade Road. The owner has submitted a Special Use Permit application to construct an accessory building on the property. It is the owner's intent to live in this structure while the main house is completely renovated, and then to use the facility for caretaker's quarters. The owner proposes to construct a 2-story building containing approximately 3,190 square feet (1,595 square foot building footprint). The Land Development Code uses the size of the building footprints in calculating total square footage of all accessory buildings allowed on a lot. The building would include garage space on the lower floor and living space on the upper floor. A letter from the applicant is attached. The property is zoned AG-Agricultural which allows the use of an accessory building for living quarters, provided the habitable area does not exceed 600 square feet. However, the living area of the proposed accessory building will contain 1,595 square feet and covers the entire upper floor level. Copies of the floor plans for the upper and lower levels are attached. While the proposed building would be taller than the existing residence, once the house is renovated and the second story added, this requirement may be satisfied, but without a pending building permit application for the house renovation, the ultimate height of the main structure is not known at this time. The owner will also be required to construct a fire hydrant to provide fire protection service to this property. The regulations for accessory buildings are contained in the Colleyville Land Development Code and include maximum size and location standards. All requests to exceed the base standards must be authorized by a Special Use Permit approved by the City Council. The proposed building meets all the requirements of the regulations except for the maximum size, height and use requirements. The applicant has requested a variance from these requirements, as allowed by the Code. A comparison of the accessory building regulations and the proposed building is shown in the table below. Agenda Item No. 3 - Page 1 ACCESSORY BUILDING ZONING COMPARISON Category Zoning Requirement ADDlicant Proposal 1. Max. Size of all buildings 2500 sf for 3+ acre lot 3715 sf 2. Max. Number of Buildings 3 3 3. Side Setback 5 feet 25 + feet 4. Rear Setback 5 feet for 8-foot tall building 300 + feet 2 story accessory building 5. Max. Height Not to exceed height of main building would be taller than the existing residence 6. Use building may not contain stove or owner requests allowance oven facilities for stove/oven facilities Staff mailed 27 notices to adjacent property owners regarding this request. No correspondence has been received. The request is consistent with the Master Plan. Since the SUP request at this location for this particular use has little impact on major land use decisions or requirements, but will be very important to those living nearby, the staff believes the wishes of the area homeowners should be the most important factor in the decision to grant the Special Use Permit or not. Since the request is an SUP, the Commission may establish conditions different than or in addition to the normal requirements of the Land Development Code. IMPACT ISSUES 1. Master Plan. The proposal is compatible with the Master Plan, which indicates single family residential uses for the property. 2. Surrounding Properties. The surrounding properties are zoned for single-family residential uses. 3. Development Trends. This area is not experiencing significant development as most lots are already built upon. 4. Infrastructure. The existing utilities in this area will adequately serve the proposed development. The owner must construct a new fire hydrant to provide coverage for the property. 5. Current Zoning Suitability. The surrounding zoning IS compatible with the proposal. RECOMMENDATION Denial, due to technical non-compliance with the Land Development Code Agenda Item No. 3 - Page 2 A TT ACHMENTS · Location map · Site Map · Letter from Applicant · Floor Plans and Building Elevation Drawings · Development Review Committee Comments · List of Property Owners Receiving Notice of Public Hearing ~€) J. Clayton Husband, AICP Development Coordinator Prepared by: " ::! Agenda Item No. 3 - Page 3 "" '" '" E~: . -' o . I ffi ~ ~ ,. TR :JIlT '" .5 OC 12 TA _ . 13 ! .S OC ! . LIVE OAK OR .. !rR ]A" I ! 5 .82 OC 6 906. aft . il 1 ., ! :~ 3 11 'I fA Ie I' 8.72J . i, ELM ., II il ! I ",j =i :1:. TR 10 ~ I.. At u 12 11 0- ::! fR 1C4 u, > 'I. ..73 . ,. ~! '" -' 1-' . 0 I JO~ fA IB i1. 1.7 ItC .," 11 "" "' N' .. 5 I .. 3 "' lA~ 3.R IIIC TA lAU~ 1.1 At CRES I.-S~P 3 11311.- 2f:,'2.0 ~ Cj ~ fA 1M I.". 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C ;q c[~ , CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM March 12,2002 Howard Holt ~ Pat & Ed Wadley 817-481-1132 ~ VIA MAIL Clayton Husband, AICP, Development Coordinator SUBJECT Z-0l-028 Special Use Permit for Accessory Building - 5200 Bill's Lane The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office on February 28, 2002. The following comments are for your consideration. ZONING EXHIBIT DRAWING 1. No changes are required to the exhibits. ACCESSORY BUILDING REGULATIONS The following comments are related to the accessory building structure. The comments indicate where the proposed structure does not technically comply with the accessory building regulations. You must submit a letter to the City requesting a waiver from each of these requirements and describing why the waiver should be granted. Please be advised that the Planning & Zoning Commission and City Council have complete discretion as to whether to grant a waiver from the requirements. 1. Size. The regulations restrict the total area of all accessory buildings on a 3+-acre parcel to a maximum of2,500 square feet. The footprint of the proposed structure measures 1,595 square feet in area, and the two existing buildings comprise 2,120 square feet, for a total square footage of 3,715 square feet. The total building square footage exceeds the maximum allowable on this property by 1,215 square feet. The applicant must request a waiver from this requirement 2. Floor Plan. The proposed floor plan of the building indicates living areas. The building cannot be used as a secondary residence or contain stove/oven facilities without specific approval by the City Council. The applicant must request a waiver from this requirement to allow the structure to be used as a secondary residence or contain stove/oven facilities. P.O. Box 185-Colleyville, Texas 76034-817.577.7587 DEVELOPMENT REVIEW COMMITTEE Z-02-011 WADLEY ACCESSORY BUILDING SUP 3. Height. The proposed building is a two-story building. According to the regulations, an accessory building may not exceed the height of the primary dwelling. The applicant must request a waiver from the maximum height requirement to allow the structure as proposed. 4. Use. Accessory buildings may not be used for commercial purposes, other than those uses permitted under the home occupation regulations. It is recommended that the applicant also review Sections 3.27 and 3.28 of the Colleyville Land Development Code ~they may pertain to this particular use and structure. Using the accessory building for commercial purposes would constitute a violation of the Land Development Code. OTHER INFORMATION 1. FIRE HYDRANT. This property is located outside of the required fire coverage. A new fire hydrant must be installed with the construction of the building on the property. Engineering construction plans for this hydrant and associated water line, including design and profile, must be approved before a building permit can be issued. These plans must be prepared by a Professional Engineer registered in the state of Texas. Information on the location of nearby water lines is available from city staff Please contact Choyce Morrow, P.E., at 817-577-7587 with any questions and submittal requirements regarding engineering construction plans. 2. BUILDING PERMIT. lfthe Council approves the special use permit, the owner must still apply for a building permit for the structure. Questions about building permit applications and procedures may be directed to the Building Inspection Department at 817-577-7570. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, March 25, 2002, 7:00 p.m. Tuesday, April 16, 2002, and May 7,2002, 7:30 p.m. RESUBMITT AL REQUIREMENTS Please submit the following to our offices: . a written letter requesting any necessary waivers and reasons for the waiver engineering construction plans for the required fire hydrant . The letter must be submitted no later than Wednesday, March 20, 2002 in order to make the scheduled hearings. Please call me if you have any questions. C: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPEC110N PUBLIC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE 2 OF2 Steven & Jill Stallard 5201 Bill's Lane Colleyville TX 76034 Steven & Jill Stallard 5100 Fry Lane Colleyville TX 76034 SM & P Chitsazan Mirtaheri 506 Quail Cove Ct Hurst TX 76054-2424 Kenneth Roy Cole 132 Timberline Dr N Colleyville TX 76034-3509 Denis Charles Duffy Jr 128 Timberline Dr N Colleyville TX 76034-3509 Lyle & Eleanor Moore 124 Timberline Dr N Colleyville TX 76034-3509 Robert Maurice Guichard 1415 11th Ave Longmont CO 80501-3717 Machael H Haefner 116 Timberline Dr N Colleyville TX 76034-3509 Malcom Maas PO Box 788 Colleyville TX 76034-0788 William A & Candy J Fisher 401 Live Oak Dr Colleyville TX 76034-3256 Curtis & Lessa J Collins 409 Live Oak Dr Colleyville TX 76034-3256 James D & Betsy L Burson 5208 Elm St Colleyville TX 76034-3257 Chen Hou & Hsin H Wu 5204 Elm St Colleyville TX 76034-3257 Christopher & Kimberly Amico 308 W Elm St Colleyville TX 76034-3246 Maverle 0 & Lisa Martin 5209 Elm St Colleyville TX 76034-3258 Lewis P & Catherine R Kirking 5100 Apple Valley Dr Colleyville TX 76034-3264 Robert G & Erma A Lane 5104 Apple Valley Dr Colleyville TX 76034-3264 Kenneth C Curry 5108 Apple Valley Dr Colleyville TX 76034-3264 Raymond E & Peggy J Reuter 5112 Apple Valley Dr Colleyville TX 76034-3264 Fred W Westphal Jr PO Box 53 Colleyville TX 76034 RJ & Louanne Williams 201 Adams Ct Colleyville TX 76034-6811 Lewis & Maria Guzman 5108 Bill's Lane Colleyville TX 76034-3538 Case Z-02-011 According to the last published Tax Records, individuals who own property that is within 200-feet of the proposed zoning change requested are listed above. I certify that the parties listed above have been mailed notice of the proposed zoning change request as required by Chapter 211 of the Texas Local Government Code. Notices dated March 14, 2002. J. Clayton Husband, AICP Development Coordinator .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 25, 2002 Z-02-Q12 - Public Hearing - Amendments to the PUD-R (0-96- 1052) for Spring Garden Addition, requested by Doug Henderson for Statepark Colleyville, Ltd., loqated at the northeast corner of Cheek Sparger Road and Jacks.on Road. STAFF REVIEW COMMENTS: In December, 1996, the City Council approved Ordinance 0-96-1052 which created a Planned Unit Development (PUD) for a 45 unit townhouse development located at the north east corner of the intersection of Jackson Road and Cheek-Sparger Road. To date, the development is approximately forty percent built out. There are four primary structures on the site which contain a total of fourteen dwelling units. Each dwelling unit is situated on its own platted lot. Doug Henderson, representing the property owner Statepark Colleyville Ltd., is requesting an amendment to the PUD ordinance to incorporate a provision which will allow the developer the option of constructing either single family attached or detached dwelling units on the remaining undeveloped lots in the development. The proposed ordinance includes a provision to allow the optional housing types, provided that any detached dwelling unit is situated on a lot with a minimum lot width of 45 feet. A provision has also been placed in the proposed ordinance to require 3 foot side yard setbacks on any detached dwelling units. Since some of the lots in the development are currently platted with 36 feet of lot width, it will be necessary for the developer to replat portions of the subdivision in order to obtain the requested 45 feet of lot width. Additionally, a provision has been placed in the ordinance to require rear entry garages on the lots situated adjacent to Cheek- Sparger Road in Block A. Staff mailed out 16 notices to property owners having property within 200 feet of the development. One property owner has submitted a letter objecting to the rezoning revision. Attached is a copy of the owner's written objection. RECOMMENDATION Denial Agenda Item No. 4 - Page 1 ATTACHMENTS · Location map · Letter from applicant · Development Review Committee Comments · List of Property Owners Receiving Notice of Public Hearing · Letter of property owner objection · Ordinance No. Q-02-xxxx Prepared by: ~; a.c.#'1 ,AICP evelopment Manager Agenda Item No. 4 - Page 2 , 00 t6N:; 3&&A":J "' OR LI4 lilt 1 .IN 1 5 O~ ~ I ~ I 1.583 . fA 41 1.37 Ill( TR 41 7.3 AC TR 41J 4.1 AC mORB 8.84 AC ,nEW Wl~~ ~ .. 8.2436 . 22 crtEof I ..]2201 . 2 .']27 . v ~ a: a pARK lPGE HER 1 3. &~II . 1 G55f9 T. 201 fR R 7' 20 I.' ~ T. 1 G.4)" At: -' <I .r>: 7 c" U 1.1 AC T. 20 4.11 At ~~ P1 .., I u'r"'r~ ~~'-} . I P : " 7 .,.. ~ ,. 32 Location Map CASE # Z-02-012 - Spring Garden Addition Amendments to the PUD-R (0-96-1052) Attachment to Application for pun Site Plan Amendment Spring Garden Addition, Colleyville, Texas March 1, 2002 Statement of Planning Objectives Spring Garden Addition was developed in 1997. It was seen as an alternative solution for home buyers desiring higher quality housing standards without the typical maintenance headaches that come with a large yard. After numerous discussions in neighborhood, P&Z an~ City Council meetings, the community overwhelmingly embraced the concept with some significant conditions. 1. The lots had to be fee simple lots, allowing only one dwelling unit per lot. 2. High quality architectural standards of appearance were simultaneously attached to the adopting ordinance and recorded with the deed restrictions. It was very important to all concerned that this would not be an apartment community. Since the early success with the existing town homes in Spring Garden, the market has changed, and there is less desire for attached single family living. There is still a segment of the up-scale market desiring smaller lots, but the dwelling style of choice tends toward detached designs. The applicant would like to offer detached garden homes to this changing market. In order to do that and maintain a consistent design throughout the neighborhood, it is necessary to reduce the total lot count by 2, with one lot being removed from Block A and one from Block B. This will allow for an increase in lot width on the remaining lots which will be developed as garden homes following the same architectural standards as the town homes. The current PUD does not specifically prohibit detached dwellings, nor does it specifically allow them. This proposal would clarify that issue. At the same time, the applicant has included notes on the Amended Site Plan to clarify the drive access configurations for each block. Development Schedule Spring Garden's infrastructure is in place and will not be physically impacted by this change. Some new homes will be built as soon after the PUD is approved. Statement of Proposed Ownership The property will continue to be owned by Statepark Colleyville, L TD while offering lots to prospective home buyers. Statement of Utilities to be Provided Spring Garden's infrastructure is in place and will not be physically impacted by this change. Economic Development Infonnation (NA-Residential Zoning) Traffic Impact Analysis (At build out, the project will generate about 410 trips per day.) CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM March 12, 2002 Doug Henderson ~ Statepark Co11eyville Ltd 817-572-6227 ~ 972-252-7510 Clayton Husband, AICP, Development Coordinator ~ SUBJECT Z-02-012 Spring Garden PUD-R text changes The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office on March 1, 2002. The following comments are for your consideration. GENERAL INFORMATION 1. Attached is a draft ordinance based on your application and any comments contained in this letter. The additions to the ordinance are underlined. If you would like an electronic copy of the document, which has the additions noted in blue print, please let me know. Please review the ordinance and let us know of any comments you have regarding the document. 2. The DRC will recommend in the event a detached unit is built on the property that the dwelling unit provide a five-foot side yard setback rather than the 6-foot building separation proposed. If a building were located within five feet of the property line, openings and wall penetrations would not be permitted. Such openings and penetrations would include windows and doors. 3. If the zoning change is approved, a subdivision replat must be submitted and approved by the Planning and Zoning Commission and City Council before construction may begin on any structures. The locations of water and sewer taps should be noted as the new lot configuration may require the relocation of the taps. ZONING EXHIBIT DRAWING 1. No changes are required to the drawing. OTHER INFORMATION 1. INFORMATIONAL ONLY. The Colleyville Land Development Code is available on-line at http://www.colleyville.com/developmentlcode.asp. Follow the link under Municipal Code. The Land Development Code is in Adobe Acrobat format. P.O. Box 185-Colleyville, Texas 76034-817.577.7587 DEVELOPMENT REVIEW COMMITTEE Z.Q2.Q12 SPRING GARDEN ADDITION PUD-R PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, March 11,2002,7:00 p.m. Tuesday, April 16 and May 7,2002, 7:30 p.m. RESUBMITT AL REQUIREMENTS '. " Please submit the following to our offices: · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived · one 8W' xII" reduced copy of the revised exhibit The revised drawings must be submitted no later than Wednesday, March 20, 2002 in order to make the scheduled hearings. Please contact me at husbandc@ci.colleyville.tx.us or 817-577- 7587 if you have any questions. C: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBLIC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE20F2 Hallie McKethan 2501 Cheek Sparger Road '3edford TX 76021-2658 Edmund Anderson PO Box 239 Bedford TX 76095-0239 David S and Dana J Bell 3916 Jackson Road Colleyville TX 76034 Diane & C WaychoffWanger 3920 Jackson Road Colleyville TX 76034-4629 Gregory & Susanne Foreman PO Box 308 Colleyville TX 7634-0308 Edmund & Gail Anderson 1901 Central Dr, Suite 820 Bedford TX 76021-5858 . . Michael D & Carolyn Evans 2502 Kensington PI Colleyville TX 76034 Robert G & Phyllis Hassett 2500 Kensington PI Colleyville TX 76034 Kenneth & Mary N Cornelius 2501 Kensington PI Colleyville TX 76034 David J & Gail E Wheaton 3979 Witten Drive Colleyville TX 76034-4692 Dewey J & Ethel C Bertram 125 King Nicholas Rd Scroggins TX 75480-4613 Harold R & Judy A Hickman 3975 Witten Drive Colleyville TX 76034-4692 Bill & Mary Robertson 3961 Holiday Drive Colleyville TX 76034-4693 Norman J & Olivia Mattson 3967 Holiday Drive Colleyville TX 76034-4693 William W & Sandra Wilson 3982 Witten Drive Colleyville TX 76034-4691 Isham M & Chere Kimbell 3986 Witten Drive Colleyville TX 76034-4691 Case 2-02-012 According to the last published Tax Records, individuals who own property that is within 200-feet of the proposed zoning change requested are listed above. I certify that the parties listed above have been mailed notice of the proposed zoning change request as required by Chapter 211 of the Texas Local Government Code. Notices dated March 14,2002. J. Clayton Husband, AICP Development Coordinator March 20. 2002 R'" E, (- i~----; , CD' ( I ~.-........ Ii"" . I -- I M';R? 0 2002-" 'I; L..--_ ,_,_ '_ " . CITY 0: COLL~ \ \/ILU , ,8, COMMI!fIi!TY DC''''::7L'oC''''r,'.:' i ..-- - .. I ~_ .'~ : h.rIC,~ Mr. J. Clayton Husband. AICP Development Coordinator Planning and Zoning Commission City ofColleyville P.O. Box 185 Colleyville, TX 76034 .. :; Dear Mr. Husband: My wife and I own a townhome in Spring Garden. The development is unique and has enormous potential. Unfortunately, we will be away on March 25 and would appreciate your making this letter available to the appropriate people who are involved with the Developer's request to replat Spring Garden. When we purchased our property we were told the community would consist of forty one similar structures. We are concerned about any zoning change to Spring Garden which might adversely affect our investment. We respectfully request any decision to change Spring Garden zoning be postponed for reasons below. The initial zoning change from Agricultural to PUD for Spring Garden included several documents in the Ordinance as part of the record. One of these documents is the Declaration of Covenants, Conditions and Restrictions. We believe the developer has failed to fulfill one of its commitments to the City ofColleyville and to homeowners in Spring Garden. The attached copy of Article IX, paragraph 9.02 of the CCR's, which was obtained from the Colleyville Planning Department, provides ".. . Declarant shall have the right.. . upon the joinder and consent of the appropriate county and/or municipal authorities, and with the ioinder and consent of the directly affected homeowners to file a replat.. . Owners shall not unreasonably withhold or delay enjoinder... ". Implicit in this language is the requirement ofthe developer to communicate with homeowners before submitting a replat request for Spring Garden. To date there has been no communication from the developer with homeowners. How can a homeowner fulfill its responsibility under this language without information from the developer as to many of its intentions, i.e. number of single family units, compatibility of design and construction with existing structures, prices, open space utilization etc.? How can the City make a fully informed decision under this language without owner input? Our view is that the city should make no decision on March 25, or at least postpone a decision, until these communications have transpired. Your letter to homeowners indicates the developer is seeking a change in zoning due to changes in market forces. We disagree with this thought and believe it is a "red herring" justification for requesting the change. In our view, the major problem of selling the townhomes rests with the developer's dismal marketing and sales strategy and weak project management. The following are examples of items which have affected this development's success: long periods of construction inactivity, change in builders, construction debris left of property for extended time periods, dead tree removal inside and outside Spring Garden with no replacements, decaying fence and wall structures on East boundary line, much deferred maintenance, etc. These create impressions ofa project in financial difficulty. Couple this with prospective clients knocking on homeowner doors for information about the property and how to contact the part time sales personnel and you have some reasons why sales have been slow. These situations affect how some buyers might view the property rather than the lack of success being attributable to shifting market considerations. They certainly do nothing to enhance the great potential which exists for this unique townhome development. We thank you for your consideration of this information and our request to table any decision until there are communications between the developer and homeowners. Sincerely, Norman D, Mattson ~~'-'l(~ ..~Ytt;;;U;:rYJ 01" M lJ IVla J. attson . ~. \ . /.':r?:?:',f-n ./. Attach: Paragraph 9.02 of Article IX in Ordinance # 0-06-1052 Cc: Spring Garden Homeowners 0-,1.1 - (V.:,) c:- '1 6>+ {(P the Board shall have the powc: to e:Uorce compliance with said roles and regulations by all appropriate legal and cquiClble remedies, and an Owner de:c:mined by judicial action to have violated said roles and regulations sh2.i1 be liable to the Association for ail damages and COSts, mcluding re:1SOnable attemt:y's fees. incurred by the Association in connection thc."'C'.vith. ARTICLE IX USE OF PROPERTIES Al.1lID LOTS; PROTECTIVE COVEN'AN"IS The ~upd1i&:s and each Lot situated thcn:on shall be constrUcted, developed, n:constrUaed, repaired, occupied and used as follows: 9.01 B-i~PWti!.d Purposes. Each Lot (including land and improvements) shall be used and occupi&:d for single &mily residential purposes. Except as hcreinaft= provided. DO Owner or other occupant sbal1 use or occupy such ()wnc:r's LDt, or permit the same or any}art thereof to be used or oc:cupicd, for any purpose ocher than as a private single family detaChed residence for the Owner or such Owner" S tl::DaDts and their families aDd domestic servants employed on the premises. Notwitbstmding anydDng contained hccin to the conaary, Ownc:tS or tenants of dwellings that actU3Ily oa:upy suC1 dwelling may use such dwelling for limited business purposes ccnsisteftt with rules and rqulations promulgated by Declar.mt or the Board. In no event sbal1 such linrited business use umeasanably interfere with the quiet ejoyment of the other Owners of the resid~ c:onstIuCIed on their Lots or involve the sale of loads or merchandise to the public. In addition, c:onsultarion with clients or customers at a residence amstrUCtcd on a Lot sba11 be permitted only between 9:00 a.m. and S:OO p.m. 011 regular working days (excluding ~kP!nds and bolidays). The use of a dwelling conmuc::=1 on a Lot for the mainrcnance of a personal or professional library; for the Ja:cping of personal, business or professional records of acaJW1IS; or for the handling of pe.~nal or professional rdephone calls or conespondence shall DOl be deemed to be a violation of these msttic::ions. In addition, so long as DeclaI3nt owns BY Lot whic."l is for sale, Declarant and its employees, representatives and agents may maintain business, le3sing and/or sales offices, sale models and other sales facilities within the: PlU~ as De::~t shall deem appropriate. 9.02 ~nimum Lot Area. Each Lot shall conlain at least fifteen hundred (1,500) square feet. No Lot shall be resubdivided; provided, however, tbat Declarant shall have and reserves the right, at any time, or from time to time, upon the jaindc:' and consent of the ~ county and/or municipal authorities, and with the joinder and consent of the directly Owners, to file a replat of the Plat to effect a. n:subdivision or ~nfigur.uion of any Lots then owned by Declarant, so long as, such replat msults in e:u:h resubdivided Lot containing not less than the minimum lot size prescribed by the zoning ordinances of the City of Colleyville, Texas. Owners shall not unreasonably withhold or delay their joinder in or consent to the replal or amcdments to the Plat. The privilege to replaI Lots owned by the Dec!arant reserved in this Section 9.02 shall be exercisable only by Dec!ar.mL 9.03 ~nirmpll Floor Space. All floor areas referenced below (unless otherwise indicated) are for air-conditioned tloor areas, exclusive of porches, garages, or breeze"wys aa:ached to the main dwelling. Eac.'1 dwelling constrUcted on any Lot in the subdivision shall contain a minimum at two thousand (2,000) square feet, of which not 1c::ss than one thousand (1,000) square feet (inclusive of floor m:a within garages) shall be coveed ground floor area. 19 - D:'.E!U!S\~AT!PRIC.DCL. AH~c.'r\~1\t 3 ______A----. . ___.._.___---_____ ORDINANCE 0-02-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY AMENDING ORDINANCE 0-96-1052; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning district change was ffled by Doug Henderson, representing Statepark Colleyville Ltd., on March 4,2002, under Case Number Z-02-012; 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 COLLEYVILLE, TEXAS: Sec. 1. 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 Spring Garden Addition, by amending the special conditions for Ordinance 0-96-1052 to add the following conditions: F. One (1) single family dwelling unit may be built on each platted lot in this Planned Unit Development. Said dwelling unit may be either attached or detached, provided that any detached dwelling shall only be allowed on a lot having a minimum width of 45 feet. Dwelling units that are not attached shall have a side yard setback of not less than three (3) feet. G. Dwelling units in Block A shall be designed for rear-entry drive access. Dwelling units on all other blocks shall be designed for front- entry drive access. Sec. 2. THAT Ordinance 0-99-1141 shall remain in effect except where amended by this ordinance. Sec. 3. Ordinance 0-02-xxxx Page 2 of 2 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. Sec. 4. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty c1aus~ hereof as an alternate method of publication provided by law. AND IT IS 50 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 cce~ 7exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 25, 2002 Z-02-008 - Public Hearing - Zoning Change from R20 Single I 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 ~ane and 136 Cheek SparQer Road. Tabled March 11, 2002 . UPDATE 3-25-2002 The Commission tabled this item at the March 11, 2002 meeting to allow the developer an opportunity to consider a revision to the proposed layout to address open space and drainage concerns. The developer has submitted a revised plan for the Commission's consideration. Included with the agenda materials is a copy of the revised layout. Also at the March 11, 2002, Ms. Virginia Garrett spoke and presented a letter of opposition to the proposed development. A copy of her letter is attached to this agenda briefing. 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 of the 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.B 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 Agenda Item No. 5 - Page 1 requirements and the proposed development. Design Element Dev.Code Proposal minimum lot size 13,000 sf 9,500 sf averaqe lot size 16,000 sf 10,475 sf minimum width 1 00 ft 95 ft minimum depth 120 ft 1 00 ft front setback 30 ft 25 ft open space 20% none ~ 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. If the 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 CoJ/eyville Master Plan, adopted in 199B, 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. Agenda Item No. 5 - Page 2 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. 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 · Letter of opposition · Draft Ordinance Prepared by: J. Clayton Husband, AICP Development Coordinator Agenda Item No. 5 - Page 3 LOCATION & ZONING MAP · J · · 10 11 II b V . - .~~ . ... ~ "\lV. 1 , 2 I 't1_~ Ii' I :!; . ") . 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Iii IiIII1IHI! ;1 ~ ~;;U;I n t II . . 11 ..1 !i:a' i~~ ~ @ a Agenda Item No. 5 - Page 5 LIST OF PROPERTY OWNERS NOTIFIED John Ballard Vicki Lindsey Joe & Peggy Moore 6340 County Road 204 3005 PM 646 Road N 133 Acuff Lane Grandview, TX 76050 Santa Fe, TX 77510 Colleyville, TX 76034 Virginia Garrett Edward & Curtis Burns JamesFreJSt:h 128 Cheek Sparger Road 120 Cheek Sparger Road P.O. Box 5'~0 Colleyville, TX 76034 Colleyville, TX 76034 Tioga, TX 76271 Earleen Fay Wilks Phillip Mills Doris Raines 132 Acuff Lane 128 Acuff Lane 4101 Felps Drive Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 Robert & Sherlynn McKeown Billy Bratton Arthur Bell 4013 Felps Drive 4009 Felps Drive 4005 Felps Drive Colleyville, TX 76034 ColleyvilJe, TX 76034 Colleyville, TX 76034 Everett & Vemell Greer E. G. Greer Everet G. Greer 4001 Felps Drive 4001 Felps Drive 4001 Felps Drive Colleyville, TX 76034 Colleyville, TX 76034 Colleyville, TX 76034 Nonna Edwards Joseph Missimo Steven & Wanda Knight 210 Cheek Sparger Road 3101 Ruby Street P.O. Box 1707 Colleyville, TX 76034 Bedford, TX 76021 Colleyville, TX 76034 Richard & Kristie Ulery Frederick & Louise Skoog Michael Maurer 123 Cheek Sparger Road 127 Cheek Sparger Road 3912 Felps Court Colleyville, TX 76034 Colleyville, TX 76034 ColleyviUe, TX 76034 Case Z-02-008 ~cc?~ing to the ,last published Tax Rec?rds dated 09-01-01, individuals who own property that IS within the 200 of the proposed specIal use permiUand-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by Section 211 the local Government Code. (Notices dated: February 28,2002) r~V Jan Levy V~ Planning & Zoning Assistant ~ Agenda Item No. 5 - Page 6 Planning & Zoning Committee 5400 Bransford Road CoJleyville, Texas 76034 March 1 L 2002 Case 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 Dear Planning & Zoning Committee: I had hoped and prayed that I had been in front of the Planning and Zoning Committee and City of CoJleyville Council for the last time but it doesn't seem to stop. The last three years has been a nightmare for all of us living on and just off of Cheek Sparger Road. I am sure all present know of the ups and downs of the Andy Felps addition because of all the news reports. ] have a big problem with lot 15 being developed as it has a creek like drainage area for a wet land area near Highway 26 (Colleyville Blvd). When we moved on lots 16 &17 of the Andy Felps addition 34 years ago we were told we could not build or obstruct this creek drainage in an}' way. Normally this creek bed is dry except when it rains then it flows like a river sometimes 20 feet wide through part of my property. I have never had this water to flood my home eventho I have had rain down my front drive way that flooded my house. We now have a French drain across the front of my house and down both sides to the back to re-route this water from Cheek Sparger into this drainage creek.. So there is times that lot 15 is covered in water trying to flow into that small culvert under Felps road. ] am now concerned as to how Mr Hedgcoth and Mr Cunningham are going to build zero lot houses on lot 15 & 14 and fix the drainage that won't cause more of a flooding problem on m)' property. I talked personally with Mr. Hedgcoth and Mr. Cunningham and would love to have them assure us how they can prevent drainage problems on my property by running the drainage down the front of these homes facing Felps when the runoff will all be going into the drainage under Felps. Felps is a very narrow road higher than lot 15 with shallow drains on either side of the road. Acuff Lane borders on the north of lot 14 and is considerable bigber ground than Lot's 15, 16 & 17, The houses north of me bordering on Acuff Lane drain down across my garden area onto Lot 14 where it meets up with the wet land's creek drain across my property. Where will all this go if they level or tier the plots for the zero lots in Mr Hedgcoth & Mr. Cunningbams addition and prevents the run off from joining up with the drain on lot 15? This is a real concern!! Virginia Garrett 128 Cheek Sparger Road Colleyville, Tx. 76034 DRAFT ORDINANCE 0-02-xxxx DRAFT AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, 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 AYTHORIZING PUBLICATION. -, WHEREAS, an application for a zoning change was filed by Lewis Brown on February 1B, 2002, under Case No. Z-02-00B; 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 COLLEYVILLE, 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 100 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 EXHIBIT A - ZONING MAP I " 1 " " ." r tI " V'. y, , ~/ CO"'" ~ - ~ ~~~. , ~~( ," ~,,~,/ J # 115 · i ~ I' '.) ~. ~ ~ z{l,,,t=' ~sS'. '~\\''l.~ 1 ''I". ~> 7 ~~ ~ ~~I__ ~..' B ,",Cc.-' ' ~ " i n I I l-"~I.' 4 ' ~. ~ _ "I" ~ ~ .. 'IIlIlII "' i,. T l: l' 1-:. , l~' " ,. _lEI n""'-.. I . U~:'r~r~p~ ~ - - -:::: ~': "'Un "I -. -~: : ;J.. '. · 1~ ,7 : . ~':: ~ ~ _. _. ..(~ ':: J.. . ' Ti I' -"I' " .: ~ ~..~ -; _ PU ~:~ ,~~::I , ~ _.. ~ 5tt.. n./ ' ,~.. -t ~~~ L ~ ~ ~.' ... e.'.. , II -;T. .n .'" _ - pUD-. II) ./ - · I. ,. ~ t. ., III .-I;jIfG~ ,. .. ~ f./~ M -"":" · ." ~ ~ c:.'H..~ V) . -. T . I '" "'" ~" :: . ~ I/..fi _.. 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S ca.~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 25, 2002 P-02-004 - Public Hearing - Replat of Lots 11, 13, 43 and 59, The Village at Colleyville, requested by the City of Colleyville for the City Hall and Library, located at 100 Main Street.~ 5T AFF REVIEW COMMENTS: The City of Colleyville and Village Monticello Partners are the owners of 2.22 acres of land located at the west end of Main Street in The Village at Colleyville. The owners have submitted a Replat of the property for review and consideration by the Planning & Zoning Commission. The plat will reconfigure the property to create several commercial lots, one of which is for the city hall and library. The following is a summary of the major items associated with this Replat. Zoning. The property is zoned PUD-C Planned Unit Development Commercial. This PUD-C district was approved in 1999, and primarily allows the mixed use of residential, retail and office uses. Street Realignment. In order to create the city hall and library site, the locations of Main Street and Casa Lane have changed. Main Street will be moved south and will run along the south end of the city hall site. Casa Lane will be moved north and will run along the north end of the library site. Master Plan. The Colleyville Master Plan, adopted in 199B, designates this area for commercial development. The proposed use of the property is consistent with the Plan. The owner's surveyor has addressed all Development Review Committee comments. This replat only requires approval by the Commission according to the Land Development Code. However, since this plat includes the proposed City Hall and Library sites, staff recommends that both the Commission and the City Council approve the plat. RECOMMENDATION: Approval ATTACHMENTS: · Location map · Plat Prepared by: C~~ J. Clayton usband, AICP Development Coordinator Agenda Item No. 6 - Page 1 -------------------------- --- I J_ -~':-T 0\bb CO & · 3 l~lr~j p~R~ ~ {,.- c FIR - ?;~r<;3~ C l,~.n Y II< I/cY _ CENTAAc 3~Q 8.8. SUR2' ~6 1 1 I 8. p' IU ,.' ell)' p~R~ Cf#J 2 T" 20 ll.. lllC. ~2\{:f? f'-" 8- @,< I/EY ~_8. SuFI 06 p.2 & ... 0 w cr 5& --' ~ I" 0 > OGE.R 0 >- 0 w , . ~ I e --' ~R ~OON , --' 0 , u . , 11.1"25 . ." , .. # ' . , . , 18 oc ;: W ,:10 TA'_ j "0 RO\-lOOI.. .1' OC ;: SfOf''( sC SI3F1,:1~t-li,:lFlOt-l 8.58& . 1 I..E~<-~ ofiJ- _ \ 2_t;,~, 1A 181" 2.. At 2C AC I ,1 )~ ~Ol9 . 2E IlC r-....... ... 5 4 . ,"-.'-., ~. IA "~[A"'E~O-.....- __ JO- I ....- " 00 Oq Ol---wr" ~ JI:r:~[:-~,~ Location Map CASE # P-02-004 - Village at Colleyville for CITY HALL & LIBRARY ':! I' J11111~ }. It . ," .dalj'll dl ;:!611z 1;111; 6;;1!!'VI"u 1 i nu fin: I!F. I ~'!II,..u H != .]hli!Hhtl [Ii I i h~~U } I ~ 111s1H.t 1.1 , 0 II '1. 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