HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/11/2002
City of
Planning & Zoning Commission
Agenda - November 11, 2002
Page 1 of 2
AGENDA
PLANNING AND ZONING COMMISSION
City Hall - 5400 Bransford Road
Monday November 11, 2002
REGULAR MEETING:
7:00 P.M.
Call to Order:
Roll Call:
Chairman Wall
Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud
Sellers, Mark Jones, Jeff Wall
Commissioner Culley
Invocation:
Pledge of Allegiance
Approval of Minutes:
October 28,2002
Citizen Comments:
Regarding items not on the following agenda
1. Case P-02-043 - Minor Plat of Tivoli Office Park, 2.189 acres located at the southwest
corner of Hall Johnson Road and Bogart Drive
2. Case P-02-044 - PUBLIC HEARING - Replat of Lot 4, Block 7, Windview Addition, 1.269
acres located at 4005 Tamblewood Drive
3. Case Z-02-029 PUBLIC HEARING - Special Use Permit for an accessory building on
Lot 1, Block 3, Sunrise Terrace Addition located at 1205 Glade Road
4. Case Z-02-030 PUBLIC HEARING - Zoning Change from R40 to R20 Single Family
Residential on Tract A1F, EA Smith Tracts Addition located at 304 W Van Oaks Drive
5. Case Z-02-031 PUBLIC HEARING. Special Use Permit for a cellular tower on Lot 1,
Block 2, Leggett, McKithan and Baylock Addition located at 2319 Hall Johnson Road
6. Case Z-02-032 PUBLIC HEARING - Special Use Permit for an accessory building on
Lot 1, Block 1, Mikolaitis Addition located at 2309 Hall Johnson Road
7. Case Z-02-033 PUBLIC HEARING - Zoning Change from CPO to PUD-C Planned Unit
Development Commercial on Tract A 1, Block 2, Highland Acres located at 5314 Bransford
Road
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
Planning & Zoning Commission
Agenda - November 11, 2002
Page 2 of 2
8. Case G-02-029 - Consideration and discussion of the work plan for the Master Plan
update.
9. Staff comments, reports and discussion items.
The following items were received on the last case submittal cycle and may be placed on a
future agenda:
· Case P-02-045 - Amended Plat, Lot 3R, Block 2, Thompson Terraces located at 5009-
5013 Thompson Terrace
· Case Z-02-034 - Zoning Change from AG to PUD-C Planned Unit Development
Commercial on 4.268 acres located on the east side of Colleyville Blvd., north of Tarrant
Lane
· Case Z-02-035 - An Amendment to the PUD-R (0-02-1364) for Lonesome Dove Estates
Phase 3,19.405 acres located on the south side of L.D. Lockett Road near Precinct Line
Road
10. Commissioners' comments and reports.
AD~OURNMENT
I certify that this agenda was posted on the Bulletin Board at City Hall on Friday November 8,2002 at 4:30 p.m.
/"( Jan Levy, Planning and Zoning Assistant
PLANNING & ZONING COMMISSION
Meeting Minutes - October 28, 2002
Chairman Jeffrey Wall called the regular meeting of the Planning and Zoning Commission to order
at 7:00 P.M. on October 28,2002.
Roll Call:
Present:
Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud
Sellers, Mark Jones, Jeff Wall
Staff: Barry LeBaron, Clayton Husband, Jeff Jones, Jan Levy
Invocation:
Commissioner Kelly
Pledge of Allegiance
Approval of Minutes:
October 14, 2002
Chairman Wall moved to approve the minutes of the October 14, 2002 meeting as written.
Commissioner Kelly seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
Chairman Wall announced that the commissioners received a letter from David Bagwell telling
them that he is withdrawing his zoning change request on McDonwell School Road, Case Z-02-
028, Item #3. Chairman Wall said the Commission will not be considering that item and would not
conduct a public hearing.
Citizen Comments: There were none.
1. Case P-02-041 PUBLIC HEARING - Replat of Lot 11 R, Block A, Leyton Grove, 1.589
acres located at 5309 Braedon Lane
Clayton Husband presented the case to the Commission and reviewed the staff briefing. He told
them that the lots exceed the requirements of the R20 zoning district. There were no questions by
the commissioners regarding the replat.
Chairman Wall opened the public hearing. There being no one present wishing to speak, the
public hearing was closed.
Commissioner Jones moved to approve the replat. Commissioner Culley seconded the
motion. The vote being:
Planning & Zoning Commission
Minutes - October 28, 2002
Page 1 of 5 - D","..1 (11/4102)
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
2. Case Z-02-027 PUBLIC HEARING - Zoning Change from AG to R20 Single Family
Residential on 0.443 acres located at 612 Shelton Road
Clayton Husband presented the case to the Commission and reviewed the staff briefing. He also
said there are no future plans for commercial development of property in the area and this zoning
change was to make the property more buildable. He told the commissioners that the Master Plan
indicates that the area is to be developed for residential uses and the infrastructure is already in
place to service the lot.
Commissioner Swift asked Clayton to display the slide for the zoning of surrounding properties.
Chairman Wall opened the public hearing. Those present wishing to speak were:
Bill & Dinah Stevens were present to represent the case. Commissioner Swift asked the
applicants what they envision for their property. They told the commissioners that they plan on
building a new home facing Shelton. Commissioner Culley asked the applicants about the
position of the home across the street on Hunter. They responded that the property was vacant.
Commissioner Culley asked them if they plan on leaving the other accessory buildings. Bill
Stevens said they plan on repainting and repairing the one accessory building for a work shop and
the one building in the very back of the property has already been removed.
Mary & Mark Watson, owners of the property on the northeast comer of Shelton and Hunter, living
at 4200 Briar Ridge, said they have put off building on their lot. The asked about the plans to
widen Hunter and said they were concerned about the right-of-way not being equally divided
between the properties to the east and to the west. Chairman Wall told Mr. and Mrs. Watson that
he would direct their question to staff at the close of the public hearing.
There being no one else present wishing to speak, the public hearing was closed.
Chairman Wall asked staff about future improvements to Hunter. Clayton Husband responded
that there are no current plans to widen Hunter nor are their any Cl P plans for that street. He said
sufficient right-of-way will be acquired when the property is platted. He said the right-of-way for a
local street is a minimum of 50' I and the measurement will be tied down by a surveyor during
platted and taken evenly from the center line.
Commissioner Jones asked staff to restate the issues and differences between zoning and
platting. Staff responded to his request.
Commissioner Culley commented on the work on the Master Plan. He said they have talked
about preserving types of zoning for certain areas of the City. He asked the other commissioners
for their comments about whether or not this is an area they would be encroaching into a
particular zoning category by rezoning this property to R20.
Planning & Zoning Commission
Minutes - October 28, 2002
Page 2 of 5 - Draft #1 (1114102)
Commissioner Jones said they have not received any feedback or opposition for the surrounding
property owners. Commissioner Kelly responded that erosion of density may be an issue in some
areas, but not with this particular case. Chairman Wall said when there has been strong citizen
concerns they have taken that into consideration for denying a zoning change request. He said
there is a general mix of zoning in the area, no definite solid block of zoning, and no citizen
concerns so there would be less problems with approving the R20 zoning for this lot.
Commissioner Jones moved to recommend approval of the zoning change to R20.
Commissioner Culley seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
3. Case Z-02-028 PUBLIC HEARING - Zoning Change from AG to PUD-R Planned Unit
Development Residential on 3.561 acres located at 414 W. McDonwell School Road
This item was not discussed due to the letter from the applicant withdrawing the case.
4. Case P-02-042 - Final Plat of West cliff Addition, 57.112 acres located on the north side of
McDonwell School Road, west of Fire Station No.3
Clayton Husband presented the case to the Commission and reviewed the staff briefing. He
displayed a slide of the aerial view of the property. He told the commissioners that the developer,
David Bagwell, has reached an agreement with the City and has agreed to construct the hike and
bike trail.
Commissioner Jones said this is the third time they have considered a final plat for this property
and he asked staff if they are in support of this plat.
Barry LeBaron recapped the previous action taken by the Commission and said that the denial
was due to the applicant's unwillingness to construct the trail. He said Mr. Bagwell has entered
into an agreement with the City and the Developer Agreement will go to City Council at the same
meeting that City Council considers this final plat. He said staff is comfortable with the
recommendation of approval.
Eddie Eckert, Goodwin & Marshall, Inc., was present to represent the case.
Commissioner Culley commented and thanked Mr. Eckert for his demeanor and willingness to
work with the commissioners throughout this process.
Commissioner Culley moved to approve the final plat of the Westcliff Addition.
Commissioner Swift seconded the motion. The vote being:
Planning & Zoning Commission
Minutes - October 28. 2002
Page 3 of 5 - Draft #1 (1114102)
Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall
Noes: None
Commissioner Sellers told the commissioners that he was recused from considering the case.
5. Staff comments, reports and discussion items:
Barry LeBaron instructed the commissioners on residential replats and explained the State
Legislative requirements. He also explained the PUD zoning process and how it differs from
straight zoning. There was discussion about the protocol for requsing oneself from a case.
6. Commissioners' comments and reports:
Commissioner Culley said he appreciates the way staff constructs the information for the
Commission's consideration. He said he wanted to make sure that the applicants are aware that
the commissioners will consider all of the points the applicants are asking for and not just the ones
highlighted by staff.
Commissioner Swift said he was not able to attend the joint meeting for the Master Plan and
asked staff for an update on the project. Barry LeBaron explained the strategy on how they will
create a Master Plan and how that strategy came from the discussion at the meeting.
Commissioner Kelly asked questions about the use of consultants. Commissioner Swift spoke
about the length of time it took for the Highway 26 expansion plan and asked if milestones for the
Master Plan will be laid out. Commissioner Jones brought up the point of Management by
Objectives and asked staff how often staff reviews objectives. Staff addressed all of the
questions.
Chairman Wall asked the commissioners to look at their schedules so they can be available at
future Master Plan meetings. He told them he hopes a majority of commissioners can attend the
meetings.
ADJOURNMENT:
The Commission moved to adjourn the meeting at 7:55 p.m. The motion was seconded and
passed by acclamation.
Respectfully Submitted,
Jan Levy
Planning & Zoning Assistant
Planning & Zoning Commission
Minutes - October 28, 2002
Page 4 of 5 - Dra" #1 (1114102)
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 - October 28, 2002
Page 5 of 5 - Draft #1 (1114/02)
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PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
November 11, 2002
P-02-043 - Minor Plat of Tivoli Office Park, 2.189 acres located at
the southwest corner of Hall Johnson Road and Bogart Drive
STAFF REVIEW COMMENTS
Guest Monticello Partners and JNS Land Family Limited Partnership have submitted a
Minor Plat on a 2.189-acre parcel of land located at the southwest corner of Hall
Johnson Road and Bogart Drive. The plat will create four commercial lots for office type
development.
This property is zoned PUD-C, approved by Ordinance 0-98-1104 on July 21, 1998.
The permitted uses on the property include any use allowed in the CN zoning district,
banks, restaurants, medial clinics, offices and similar uses. The PUD-C ordinance for
this property also requires the construction of an 8-foot tall masonry screening wall
along the common property line with the adjacent residential property.
The owner's surveyor has addressed all Development Review Committee comments.
This plat only requires approval by the Planning and Zoning Commission.
RECOMMENDATION
Approval
ATTACHMENTS
· Location map
· Plat
· ORC Review Memo
· Applicant Response Letter
Prepared by:
Agenda Item No. 1 - Page 1
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CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE October 29, 2002
FAX TO Jimmy Archie ~ Jesse Schroeder
FAX NO 817-424-2448 ~ 817-421-3265
FROM Clayton Husband, AICP, Community Development Manager
SUBJECT P-02-043 Minor Plat - Tivoli Office Park
The Colleyville Development Review Committee (DRC) has reviewed your Minor Plat request
submitted to this office. The following comments are for your consideration.
PLAT DRAWING
1. Label the Point of Beginning.
2. Label the monument at the southeast property comer adjacent to Hall Johnson Road.
3. The dedication statement should be revised to read "Lots 4-7, Block 2". The plat references
Block A.
4. Remove the tree notations from the drawing for the next submittal.
OTHER INFORMATION
1. ZONING. This property is zoned PUD-C Planned Unit Development Commercial. The zoning
was approved by Ordinance 0-98-1104, and a copy of the ordinance is attached. It is
recommended that the applicant and owner familiarize themselves with the relevant provisions
of this ordinance that may affect development on this property.
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 approval of the plat. The
estimated fee for this plat, based on 2.189 acres, is $1,75120.
3. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are
required for this property since Bogart Road is considered an unimproved street and the plat
contains commercial lots. The owner is required to construct one-half of the street adjacent to
P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587
DEVELOPMENT REVIEW COMMITTEE
P~2~43 TIVOLl OFFICE PARK
this property, or provide an equivalent amount of cash escrow for future improvement by the
City. The Engineering Department may calculate the required escrow amount upon request.
The response letter to this memo should indicate the developer's intention of construction or
escrow regarding this roadway.
4. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on the lot. The fees listed below are intended to provide general
information on the fees that could be assessed for this project. The actual fee paid may be
different depending upon the specific plans for construction or other arrangements provided
for by a City-Developer Agreement.
ROADWAY
$640 per 1,000 square feet gross floor area for GENERAL OFFICE uses. $2,099 per 1,000
square feet gross floor area for MEDICAL-DENTAL OFFICE uses. The actual fee depends on
specific use of the property. Details are available in Chapter 13 of the Land Development
Code.
$2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
WATER
SEWER
5. SIDEWALKS. The Land Development Code requires sidewalks along all public streets. The
sidewalk on Hall Johnson Road and Bogart Road must be constructed at the same time any
new structures are built on the lots. The sidewalk must be 5-feet wide.
6. SITE PLAN. A site plan and landscape plan application must be submitted and approved before
the issuance of any building permits on this property. Please contact the Community
Development offices at 817-577-7587 for information on this process.
7. FIRE SPRINKLER. Buildings over 6,000 square feet in gross floor area will require an
automatic fire sprinkler system, fire alann 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. These issues will be further evaluated during the site plan and
landscape plan review for individual building sites.
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, November 11,2002, 7:00 p.m.
not required
RESUBMITT AL REQUIREMENTS
Once you have completed the changes to the drawing, please submit the following to our offices;
· 15 folded copies of the revised Minor Plat drawing
· one 812" x 11" reduced copy of the revised exhibit
PAGE 2 OF 3
DEVELOPMENT REVIEW COMMITTEE
P-02~ TIVOL! OFFICE PARK
· 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, November 6,
2002 in order to make the scheduled hearings. The item will not be scheduled for the Planning &
Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or
husbandc(a)ci.coIlevville.tx.us if you have any questions.
C: ENGINEERING DEPT
RRE DEPARTMENT
BUILDING INSPECTION
PUBLIC WORKS
ECONOMIC DEVELOPMENT
CITY MANAGER'S OFFICE
PAGE30F3
JPH land Surveying
200 1\/OrTh Rule Snow. SUITe 123. Keller. Texas 762-18
Tel" (817)-131--1971 Fa;'(' (817)337-2876 wwwjphlscom
November 5. 2002
Clayton Husband
City of Colleyville
5400 Bransford Road
Colleyville. Texas 76034
RE: P-02-043 Minor Plat - Tivoli Office Park
Mr. Husband.
The following comments are addressed:
I. Labeled the Point of Beginning
2. Labeled the monument at the southeast property comer
3. Revised dedication statement to read Lots 4-7. Block 2.....
4. Removed the tree notations from the drawing
In addition to these comments. the following revisions were made to the plat:
I. The 24' Access easement has been revised to allow access from Lot 5 to Hall
Johnson Road.
2. A 5' Utility easement was added along side the 24' Access easement stated above.
3. A 27' Drainage easement was added along the southeasterly line to accommodate for
the retention pond previously constructed.
Please feel free to contact me regarding this project.
Sin c.ereIV' Jjl
:tl .
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on P. Hoebelheinrich. R.P.L.S.
JPH Land Surveying
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PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
November 11, 2002
P-02-044 - Public Hearing - Replat of Lot 4, Block 7, Windview
Addition, 1.269 acres located at 4005 Tamblewood Drive
STAFF REVIEW COMMENTS:
Matthew and Saskia Murray are the owners of a 1.269-acre lot located at 4005
Tamblewood Drive, north of Cheek Sparger Road. The owner has submitted a Replat
of the property for review and consideration by the Planning & Zoning Commission.
The plat will create two single-family residential lots.
The property is zoned PUD-R Planned Unit Development Residential. The PUD-R
zoning district requires a minimum lot size of 13,000 square feet. The proposed lots
exceed the minimum requirements. There is an existing house on the southern of the
two lots. The proposed lots are 22,652 square feet and 32,639 square feet in size.
There are 131 lots in Windview, ranging in size from 11,250 square feet to over one
acre.
This replat is scheduled as a public hearing as required by the Texas Local Government
Code and the Colleyville Land Development Code. When a residential lot is proposed
for subdividing into additional lots, notice of a public hearing must be sent to each
property owner within 200 feet of the lot within the same subdivision. Notices of this
public hearing were sent to 13 property owners in the Windview subdivision.
Staff received a letter from an attorney representing the Windview homeowner's
association regarding a potential violation of a deed restriction. The Windview
restrictive covenants prohibit the replatting of any lots into smaller lots. However, State
law regarding replats requires a City to approve a plat if the plat meets the requirements
of the City's Land Development Code. The City has no legal authority to enforce a
private deed restriction. Since the plat meets the technical requirements of the City's
codes. the Commission is required to approve the plat. The HOA may pursue the
violation of the deed restriction against the property owner.
Excerpts from Chapter 212 of the Texas Local Government Code are attached. Section
212.005 states that a city must approve a plat that satisfies all applicable regulations.
Section 212.010 further clarifies these standards. Section 212.015 sets out additional
requirements for residential replats, such as the public hearing notice related to this
particular case.
The owner's surveyor has addressed all Development Review Committee comments.
This plat only requires approval by the Planning and Zoning Commission.
Agenda Item No. 2 - Page 1
RECOMMENDATION:
Approval
ATTACHMENTS:
· Location map
· Plat
· List of Property Owners Notified
· Correspondence
Prepared by:
Agenda Item No. 2 - Page 2
Texas Local Government Code
Excerpts from Chapter 212
Municipal Regulation of Subdivisions and Property Development
~ 212.005. Approval by Municipality Required
The municipal authority responsible for approving plats must approve a plat or replat that is required to be
prepared under this subchapter and that satisfies all applicable regulations.
~ 212.010. Standards for Approval
(a) The municipal authority responsible for approving plats shall approve a plat if:
(1) it conforms to the general plan of the municipality and its current and future streets, alleys, parks,
playgrounds, and public utility facilities;
(2) it conforms to the general plan for the extension of the municipality and its roads, streets, and
public highways within the municipality and in its extraterritorial jurisdiction, taking into account
access to and extension of sewer and water mains and the instrumentalities of public utilities;
(3) a bond required under Section 212.0106, if applicable, is filed with the municipality; and
(4) it conforms to any rules adopted under Section 212.002.
(b) However, the municipal authority responsible for approving plats may not approve a plat unless the
plat and other documents have been prepared as required by Section 212.0105, if applicable.
~ 212.015. Additional Requirements for Certain Replats
(a) In addition to compliance with Section 212.014, a replat without vacation of the preceding plat must
conform to the requirements of this section if:
(1) during the preceding five years, any of the area to be replatted was limited by an interim or
permanent zoning classification to residential use for not more than two residential units per lot; or
(2) any lot in the preceding plat was limited by deed restrictions to residential use for not more than
two residential units per lot.
(b) Notice of the hearing required under Section 212.014 shall be given before the 15th day before the
date of the hearing by:
(1) publication in an official newspaper or a newspaper of general circulation in the county in which
the municipality is located; and
(2) by written notice, with a copy of Subsection (c) attached, forwarded by the municipal authority
responsible for approving plats to the owners of lots that are in the original subdivision and that are
within 200 feet of the lots to be replatted, as indicated on the most recently approved municipal tax
roll or in the case of a subdivision within the extraterritorial jurisdiction, the most recently approved
county tax roll of the property upon which the replat is requested. The written notice may be
delivered by depositing the notice, properly addressed with postage prepaid, in a post office or postal
depository within the boundaries of the municipality.
(c) If the proposed replat requires a variance and is protested in accordance with this subsection, the
proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the
members present of the municipal planning commission or governing body, or both. For a legal protest,
Agenda Item No. 2 - Page 3
written instruments signed by the owners of at least 20 percent of the area of the lots or land immediately
adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the
original subdivision, must be filed with the municipal planning commission or governing body, or both,
prior to the close of the public hearing.
(d) In computing the percentage of land area under Subsection (c), the area of streets and alleys shall be
included.
(e) Compliance with Subsections (c) and (d) is not required for approval of a replat of part of a preceding
plat if the area to be replatted was designated or reserved for other than single or duplex family
residential use by notation on the last legally recorded plat or in the legally recorded restrictions
applicable to the plat.
Agenda Item No. 2 - Page 4
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Jeffrey & Melanie Russell
2325 Oak Knoll Drive
Colleyville, TX 76034
Michael & Claudia Welton
3907 Tamblewood Drive
Colleyville, TX 76034
Larry & Kathy Farrington
3911 Tamblewood Drive
Colleyville, TX 76034
Matthew & Saskia Murray
4005 Tamblewood Drive
Colleyville, TX 76034
Richard & Rosanna Skinner
4104 Tamblewood Drive
Colleyville, TX 76034
Robert & P A Hannesschlager
4100 Tamblewood Drive
Colleyville, TX 76034
Kevin & Kay Wolfe
4014 Ramsgate Court
Colleyville, TX 76034
John & Linda McLeod
4012 Ramsgate Court
Colleyville, TX 76034
David & Verna Pinkerd
4010 Ramsgate Court
Colleyville, TX 76034
Robert & Andrea Records
4008 Ramsgate Court
Colleyville, TX 76034
T Eugene & Nancy Zachary
4006 Ramsgate Court
Colleyville, TX 76034
John & Allison Magee
3903 Stonehaven Drive
Colleyville, TX 76034
Larry & Pamela Williams
3907 Stonehaven Drive
Colleyville, TX 76034
Case P-02-044
According to the last published Tax Records, individuals who own property that are with
200' of the replat, but within the original subdivision of the proposed replat request are
listed above. I certify that the parties listed above have been notified of the proposed
replat request. (Notices dated: October 25, 2002) ~
Jan Levy t/ f _
Planning & ZOning Assistant
RIDDLE & WILLIAMS, p.e.
ATTORNEYS & COUNSELORS
DEAN A. RIDDLE'
LANCE E. WILLIAMS
1050 TURTLE CREEK CENTRE
3811 TURTLE CREEK BOULEVARD
DALLAS. TEXAS 75219
TELEPHONE (214) 760-6766
FACSIMILE (214) 760-6765
DAVID A. SURRATT
DEANA TUNNELL
-ALSO ADMITTED IN He &; GA
November 1,2002
Mr. Mathew W. Murray
Mrs. Saskia Murray
4005 Tamblewood Drive
Colleyville, Texas 76034
VIA CERTIFIED MAIL
RETURN RECEIPT REQUESTED
NO. 7002 0510 000296233754
Re: Windview Homeowners' Association
(Our File No. 5719/7308)
Dear Mr. and Mrs. Murray:
Our firm represents Windview Homeowners' Association (the "Association"). We have been
requested to write to you regarding your intent to replat Lot 5, Block 7, Windview Addition (the
"Lot"), commonly known as 4005 Tamblewood Drive. It is our understanding that a public hearing
of the Planning & Zoning Commission of the City of Colleyville is scheduled for November 11,
2002, to consider your request for the replat. We understand that the replat request is to subdivide
the Lot.
The restrictive covenants for Windview prohibit the replatting of any lot. Specifically, the
provisions of the Declaration and Agreement Establishing Protective Covenants (the "Declaration")
for Windview provide as follows:
No lot shall be re-subdivided into smaller lots nor conveyed or encumbered in any
less than the original full dimension as originally conveyed by the owner(s).
On behalf of the Association, you are hereby demanded to withdraw your request for
subdividing the Lot. You must acknowledge, in writing, that you will withdraw this request to
subdivide the Lot and cease this action which violates the Declaration on or before November 6,
2002. Ifsuch acknowledgment is not received by November 6, 2002, the Association will be forced
to commence legal action against you including, but not limited to, the filing of a suit for a temporary
restraining order. If such suit is filed, the Association will seek recovery of all costs incurred,
including attorney's fees.
We are also forwarding a copy of this letter to the Planning & Zoning Commission to advise
of this restriction against subdividing the Lot. Any suit might also, by necessity, involve the City
of Colleyville and its Planning & Zoning Commission.
Mr. Mathew W. Murray
Mrs. Saskia Murray
November 1,2002
Page 2
Your prompt attention to this matter is encouraged.
Yours truly,
DARkl
pc: Board of Directors
Windview Estates Homeowners' Association
c/o Principal Management Group
Attention: Ms. Stephanie Benham
6707 Brentwood Stair Road, Suite 110
Fort Worth, Texas 76112
Mr. Mathew W. Murray
Mrs. Saskia Murray
4005 Tamblewood Drive
Colleyville, Texas 76034
(Via first-class mail)
City of Colleyville
Planning & Zoning Commission
P. o. Box 185
Colleyville, Texas 76034
(Via certified mail, return receipt
requested, and via first-class mail)
MATTHEW MURRAY
4005 TAMBLEWOOD DRIVE
COLLEYVILLE, TX 76034
817-267-7941
t\:' V 0 6 20U2
November 5, 2002
Dean Riddle
1050 Turtle Creek Center
3811 Turtle Creek Blvd.
Dallas, TX 75219
Dear Sir:
Your letter is quite threatening, leaves no room for compromise and asserts that a lawsuit
is the only solution. I do not agree with your tactics. I also don't agree with your attempt to
intimidate the City of Collcyvillc and the Planning and Zoning Commission as co-
defendants in a planned lawsuit.
You and your clients need to think about what is a reasonable and economic solution. It
is unnecessary for your clients to spend legal fees on attempting to cut off the community
benefits of this rcplar.
Look at the facts of this situation and consider the spirit in which the covenant was written.
It was written to prevent the creation of undersized lots. These lots in fact will be over-sized;
each will be twice as large as the average lot in the development. Following the letter of the
covenant will be foolish and expensive.
The subdivision of my 1.3.acrc lot will in no way harm the association. To the contrary, it
will only benefit it. My surveyor certifies that all association specifications are exceeded in
terms of lot size and setbacks. In addition,
· Two lots will be created; one at .7 acre and the other at over .5 acre.
· A home in excess of 3000 square feet will be constructed.
· Additional revenue will be created from the new homeowner dues and taxes in
perpetuity.
· A community eyesore the Russell's gymnasium will be hidden from the street by the
new house.
Where are the damages?
Please ask your clients to approve an exception due to these favorable
circumstances. It is clearly in their and the City's best interests.
Please contact me to discuss.
cc: Board of Directors
Windview Estates Homeowners's Association
C/o Principal Management Group
Attention Ms. Stephanie Benham
6707 Brentwood Stair Road, Suite 110
Fort Worth, TX 76112
City of Colleyville
Planning & Zoning Commission
Po. Box 185
Colleyville, TX 76034
-2-
Sincerely,
'"
-41 if!
Dean Riddle
November 5, 2002
Cil)' O(
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PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
November 11 , 2002
Z-02-029 - Public Hearing - Special Use Permit for an accessory I
building on Lot 1, Block 3, Sunrise Terrace, located at 1205 Glade i:
Road ,I
STAFF REVIEW COMMENTS
Terry Grisso is the owner of a house located at 1205 Glade Road, at the southeast corner
of Garry Lynn Drive. The owner has submitted a Special Use Permit (SUP) application to
construct an accessory building on the property. The owner proposes to construct a 1,750
square foot, 6-car garage on the property.
The accessory building regulations include size and location standards. All requests to
exceed the base standards must be authorized by a Special Use Permit approved by the
City Council. A comparison of the regulations and the proposed building is shown below.
Based on the applicant's information, the proposed building meets all the requirements of
the regulations except forthe building size. The applicant has requested a waiver from this
requirement, as allowed by the Code.
Ii ACCESSORY BUILDING ZONING COMPARISON
I I
i Category Zoning Requirement Applicant Proposal
Ii 1 Maximum Size 1,000 sf for 0.5-0.99-acre lots 2,158 sf
:1 2. Max. Number of Buildings 3 2 I
I
I' 3. Side Setbacks 5 feet 18 feet; 25+ feet i
,
:1 4. Rear Setback 5 feet 14 feet
II 5. Max. Height Not to exceed height of main building complies
The allowed size of an accessory building is based on the size of the lot. In addition, the
total square footage of all accessory buildings cannot exceed the maximum allowed size
unless approved by SUP. For lots between 0.5-acres and 0.99-acres, the size of all
accessory buildings is limited to 1,000 square feet. The applicant's lot is D.8-acres in size,
or 34,848 square feet. There is an existing building on site that counts towards the total
square footage. With the existing building and the proposed building, the total square
footage of accessory buildings proposed is 2,158 square feet. The applicant has
requested a waiver of the size requirement to allow both buildings with a total size of 2, 158
square feet.
A letter from the applicant is attached that further explains this request. The building, as
proposed, is a 6-car garage with three double doors. The garage doors would face north
towards the existing house. The purpose for the building is to provide a place to park the
owner's cars. The applicant has not indicated the exterior construction material.
Agenda Item No. 3 - Page 1
IMPACT ISSUES
1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan,
adopted in 1998, which designates this area as a future single-family residential area.
2. Surrounding Properties. Most of the surrounding properties are developed as single-
family residences. Properties to the east, west and south are developed as single
family residences. Properties to the north are zoned PUD-R, but the lots on Glade
Road are zoned for commercial and office use. There is a new salon located
approximately 500 feet to the west.
3. Development Trends. The long-term trend for this area is single-family development.
Property in the area is generally suitable for that type of development.
4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-
of-way.
5. Property Taxes. According to information available from the Tarrant Appraisal District,
the land and house is appraised at $106,722. The estimated annual City property tax
revenue generated by this property is $371. The addition of the accessory building
could have a positive impact on the appraised value of the property.
6. Traffic Generation. The addition of the accessory building will not have an impact on
the traffic generation in the neighborhood or local area.
Staff mailed 10 notices to adjacent property owners regarding this request. No
correspondence has been received regarding this request.
The request is consistent with the Master Plan. Since the SUP for this particular use has
little impact on land use decisions or requirements. but may be important to those living
nearby, staff believes the opinions of the area property owners should be the most
important factor in whether to grant the Special Use Permit. Since the request is an SUP.
conditions may be imposed that are different than or in addition to the normal requirements
of the Land Development Code. provided the conditions are intended to reduce the
negative impacts on the adjacent property.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: November 11,2002
City Council: December 3 and December 17, 2002
RECOMMENDATION:
Denial, due to technical non-compliance with the Land Development Code
Agenda Item No. 3 - Page 2
ATTACHMENTS:
· Location Map
· Zoning Exhibit and Information from Applicant
· List of Property Owners Notified
· Draft Ordinance
Prepared by:
~
Agenda Item No. 3 - Page 3
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Location Map & Area of Notification
CASE" z..02-G29 - SUP for an Accessory Building
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LEGAL DESCRIPTION:Lot l,Block 3, SUNRISE TE?R~CE SECTION ONZ, un Addition to the
City of Collevville, Tarrant County, Tex , according to the plat ~ecorded in
Vol~~e 388-31, Page 66, ~lat RccordG, Tar ~t County, Texas.
NOTE: The .following
eascr.Jents"do' not
:iffec t this' 10 t.' '
Vol 1349 Pg 61 DRTCT
Vol 1349 Pg 213 DRTCT
Vol 1539 Pg 476 DRTeT
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160.00'
1205 GLADE ROAD
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NOTE: According to FEMA Map 480590 0010 B
this property ;:; is not in the 100 year Rood Zone "A"
, DECEMBER', 1982
October 18, 2002
Ladies and Gentleme~
The following is my proposal for 6-car garage with a maximum of 1750
Square Feet on my .8 acre lot at 1205 Glade Road in Colleyville,
Attached is a photocopy of a six car garage so that you have an idea of my
plan. I have not determined the builder that I will be using at this point in
time. Dimensions in feet will most probably be (Length x Width x Height):
58 1/3 x 30 xl0 or 70 x 25x 10 using a ranch style roof line.
My lot is on the South side of Glade Road on the east comer. The garage
would be built on the South side of the lot with the garage doors facing the
North towards the back of my house. For appearance purposes, my plan is
to use 3 double car garage doors rather than 6 single garage doors.
I am requesting a Special Use Pennit (variance) because my lot isn't one
acre as indicated by the city code that allows a 1750 square foot garage to be
built on it.
The purpose of the 6-car garage is to improve the appearance of our block
by having room for our 6 family cars that are presently visible when driving
by on the street.
There were actually 7 accessory buildings (shed type) on the property when
I purchased it over 12 years ago which were not shown on the plot plan.
Three have been tom down within the last year with two more to go after the
garage is built. The plot plan only shows a house and two tin outbuildings.
This is incorrect, as the larger tin building is actually a one car garage. The
second "tin" shed building I plan to tear down after building the new garage.
The 6-car garage would be in addition to my present 12xl0 gazebo by the
pool and one car garage (17x24)(shown in the plot plan) that will be used to
store my lawn tractor, boat and canoes so that they are not visible either.
I respectfully request your approval of my proposal and plan, so that I can
help in the efforts to beautify Colleyville and my property. Thank you.
Terry Grisso, 817-581-6682 ~~t(J.tV-c~
1205 Glade Road, Colleyville, Texas 76034
1205 Glade Road Colleyville Proposal
This is the only example I was able to find of a
"3 double door" 6-car garage.
I apologize for the poor quality of the photograph.
Carwhis Riverwalk Colleyville
3838 Oak Lawn Ave, Ste 1416
Dallas, TX 75219
Dale & Katherine Lockwood
3305 Ashmore Lane
Grapevine, TX 76051
Keith & Amy Edgell
P.O. Box 748
Fort Worth, TX 76101
Max & Joan Wolfe, II
1112 Jo Carol Lane
Colleyville, TX 76034
Mary Alice Leake
1117 Jo Carol Street
Colleyville, TX 76034
Terance & Candice Grisso
1205 Glade Road
Colleyville, TX 76034
Aby & Rosamma George
1209 Glade Road
Colleyville, TX 76034
Conrad & Jackie Rodgers
1213 Garry Lynne Drive
Colleyville, TX 76034
Harold & Linda Whitten
1209 Garry Lynne Drive
Colleyville, TX 76034
Clifton Duke
1301 Glade Road
Colleyville, TX 76034
The Bridges at Riverwalk Ltd.
3401 Amherst Circle, Apt. 127
Bedford, TX 76021
Case Z-02-029 (Notices dated: November 1, 2002)
According to the last published Tax Record, individuals who own property that is within the 200'
of the proposed special use permitland-or/zoning change request are listed above. I certify that
the parties listed above have been notified ofthe proposed change request as required by
the Texas local Government Code and the Colleyville land Development Code.
Jan Levy ~
Planning & Zoning Assistant
ORDINANCE 0-02-xxxx
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN
ACCESSORY BUILDING ON LOT 1, BLOCK 3, SUNRISE TERRACE ADDITION;
PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A
SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, an application for a Special Use Permit was filed by Terry Grisso on
October 18, 2002, under Case No. Z-02-029; 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.
Sec. 2.
Sec. 3.
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A")
are hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described as Lot 1, Block 3, Sunrise Terrace
Addition (1205 Glade Road), by authorizing a Special Use Permit for
an Accessory Building, subject to the following conditions:
a. The maximum size of the accessory building shall not exceed
one-thousand (1,000) square feet.
b. The building location and elevations shall be consistent with the
drawings attached as Exhibit "B".
THAT any person, firm, or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2.000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
Ordinance 0-02-xxxx
Page 2 of 2
Sec. 4.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
Sec. 5.
THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2002.
day of
The second reading and public hearing being conducted on the
2002.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
~n
o~~
Texa!'o
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
i
I
Ii
!I Agenda Date:
I Subject:
'i
i'
November 11, 2002
Z-02-030 - Public Hearing - Zoning Change from R40 to R20
Single Family Residential on Tract A 1 F, EA Smith Tracts Addition
located at 304 W Van Oaks Drive
STAFF REVIEW COMMENTS
David Debrecht is the owner of approximately one acre of land located on the north side of
Van Oaks Drive, west of Bettinger Road. The owner has submitted a request to change
the zoning on the property from R40 Single Family Residential to R20 Single Family
Residential. The owner is seeking a zoning change in order to divide the property into two
lots.
The R20 district requires a minimum lot width of 100 feet, a minimum lot depth of 125 feet,
and a minimum lot area of 20,000 square feet. The existing property is 217 feet wide along
Van Oaks Drive and 200 feet deep. The zoning change would allow the owner to
subdivide the property into two lots.
The surrounding property is single-family residential in nature. Property to the east and
west is zoned R20 Single Family Residential. Property across Van Oaks Drive is zoned
R40 Single Family Residential. This property abuts the Remington Park subdivision at the
rear. Most of the lots contain single family residences. The lot sizes on Van Oaks Drive
range from 19,000 square feet to over one acre. The lots in Remington Park that abut this
property average 17,000 square feet in size.
IMPACT ISSUES
1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan,
adopted in 1998, which designates this area as a future single-family residential area.
2. Surrounding Properties. The surrounding properties are developed as single-family
residences.
3. Development Trends. The long-term trend for this area is single-family development.
Property in the area is generally suitable for that type of development.
4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-
of-way.
5. Property Taxes. According to information available from the Tarrant Appraisal District,
the land and house is appraised at $112,090. The estimated annual City property tax
revenue generated by this property is $389.
Agenda Item No. 4 - Page 1
6. Traffic Generation. The Institute of Transportation Engineers publication Trip
Generation provides estimates of expected traffic generation based on land use. Data
has been collected in the United States and Canada since the 1960's, primarily in
suburban locations. Single-family residences are expected to generate 9.57 trips per
day, on average. There are no recent traffic counts available for Van Oaks Drive.
Staff mailed notices to 14 adjacent property owners regarding this request. No
correspondence has been received regarding this request.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: November 11, 2002
City Council: December 3 and December 17, 2002
RECOMMENDATION:
Approval
ATTACHMENTS:
.
Location and Zoning Map
Property Map
List of Property Owners Notified
.
.
Prepared by:
~
Agenda Item No. 4 - Page 2
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BLOCK 6, REYlNGTON PARK ADD'N
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s 89D53'OO~'W 217.80'
DANIEL LAPIER etux JENNIFER
VOL. 11340. PG. 1709
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SURVEY AND FIELD NOTES FOR A TRACT IN THE JANE S. NEWTON SURVEY, ABSTRACT
NO. 1177, SITUATED IN THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, AND
BEING A PORTION OF THE E. A. SMITH SUBDIVISION AS SHOWN ON A PLAT RECORDED
IN VOLUME 388-60, PAGE 31, PLAT RECORDS, TARRANT COUNTY, TEXAS, SAID
PORTION BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOL~OWS:
at a !:i" iron .found .at the Northeast corner of the above
referenced Smith Subdivision, in the South line of Remington
Park Addition to the City of Colleyville, as shown on a plat of
record in Cabinet A, Slide 3670, Plat Records, Tarrant County,
Texa8;
S. 0 -04'-30"W. along the West line of Lot 1, Block 1, of Van
Oaks Addition, Phase II, as shown on a plat of record in Volume
388-203, Page II Plat Records, Tarrant County, Texas, at 175.00
feet passing a ~" iron found in the North line of a road easement
and continuing in all, 200.00 feet to a point for corner in the
center of said easement; ~
5.890-53'-00"W. 217.80 feet along the center of said e.aSement to
a point in same for corner;
N.Oo_ 04'-30"E. at 25.00 feet passin~ a !:i" iron found and
continuing in all 200.00 feet to a!:i iron found in the South line
of Remin~ton Park Addition, above referenced;
N.890-53 -OO"E. 217.80 feet along said South line to the POINT OF
BEGINNING and containing 1.00 acres of which 0.125 acres are in
use in said road easement.
BEGINNING
THENCE
THENCE
THENCE
THENCE
I, Waller W. Ward. Registered Professional Land
Surveyor bereb): certif'V 10 SeDers, Lenders, Purcbuers,
-"'l1/~"<i1nc~ 7/n:e '-0 and its underwriter ..
tbal tbis survey was made on tbe ground under my supervision
and correctly sbows tbe corners, boundary lines, dimensions
and area ofland indicated bereon, and correctly sbows tbe
location or all permanent buildings, structures, and otber
improvement and visible items OD tbe subject property, and
correctly sbows tbe location of all alleys, streets, roads,
rigbts-of-way, easements and otber matters or record, or
wbicb I bave knowledge, wbicb affect tbe subject property
according to tbe legal description in sucb matters. Tbe
undersigned rurlber certifies tbat except as sbown bereon,
Ibere are no visible descrepancies, sbortages in area,
boundary line conOicts, encro~cbments, overl1ping of.
improvements, easements or ngbts-or-way, an tbe subject
pro~ss ~ ~;;7d roadway.
Registered Proressional Land Surveyor No. 2014
Date '7 -//?-c:/Z
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According to the FIRM published by FEMA Commwtity
Panel No.4~02t?~dthis lot is not affected
by the 100 year flood plain. Zone ~ .
WARD
SURVEYING
COMPANY, INC.
P.O. BOX 120253
FORT WORTH, TEXAS 1S1S2~253
(817) 281-5411
Donald & Carla Hannah
P.O. Box 501
Colleyville, IX 76034
Daniel & Jennifer Lapier
305 W. Van Oaks
Colleyville, IX 76034
Eric Hansen
304 W. Van Oaks Drive
Colleyville, IX 76034
Foxcreek Residential Dev. Ltd.
Mr. Larry Cole
6420 Remington Pkwy
Colleyville, IX 76034
James & Elizabeth Worrell
600 Shetland Drive
Colleyville, IX 76034
Ronald Kirchenbauer
317 Oaklawn Drive
Colleyville, IX 76034
A L & Maria Hathcock, III
313 Oaklawn Drive
Colleyville, IX 76034
Peter & Cherie Lopez
309 Oaklawn Drive
Colleyville, IX 76034
Danny & Karen Coleman
305 Oaklawn Drive
Colleyville, IX 76034
Gene & Jennifer Orr
301 Oaklawn Drive
Colleyville, IX 76034
Larry & Patricia Lewis
209 Oaklawn Drive
Colleyville, IX 76034
Guy & Laura Church
205 W. Van Oaks Drive
Colleyville, IX 76034
William Virag
201 W. Van Oaks Drive
Colleyville, IX 76034
Gregory Simpson
209 W. Van Oaks Drive
Colleyville, IX 76034
Case Z-02-qJ& (Notices dated: November 1, 2002)
According to the last published Tax Record, individuals who own property that is within the 200'
of the proposed special use permitland-or/zoning change request are listed above. I certify that
the parties listed above have been notified ofthe proposed change request as required by
the Texas local Government Code and the Colleyville land Development Code.
Jan Levy ;jj--
Planning & ~ging Assistant
/?"'.ec",' or.
(..: . 'l~
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Tt"x[i~
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
II Agenda Date:
I Subject:
I
.1
November 11, 2002
Z-02-031 - Public Hearing - Special Use Permit for a cellular
tower on Lot 1, Block 2, Leggett, McKithan and Baylock Addition
located at 2319 Hall Johnson Road
STAFF REVIEW COMMENTS
Zone Systems, Inc., on behalf of Verizon Wireless, has submitted a Special Use Permit
(SUP) application to increase the height of an existing cellular tower from 100 feet to 115
feet. The existing tower is located at 2319 Hall Johnson Road, at the corner of Amador
Trail, behind an existing office building.
The tower was constructed before 1995, the year the City adopted regulations for cellular
tower structures. All cellular towers require approval by Special Use Permit and must meet
specific requirements for structure height, setbacks and parking. When the existing tower
was constructed, these requirements were not in place. The owner proposes adding 15
feet to the height of the tower, which triggered the requirement to apply for a Special Use
Permit.
Since the tower was constructed before the regulations were adopted, the tower does not
meet all the current requirements. The following table shows a comparison between the
adopted regulations and the existing tower.
CELLULAR TOWER ZONING COMPARISON
I Category Zoning Requirement Applicant Proposal
I
1. Pole design monopole monopole
, 2 times the height of tower (200 feet)
2. Setbacks from adjacent residential property lines 30 feet / 186 feet
, 3. Parking one paved space gravel driveway
The attached ordinance would authorize a Special Use Permit for the cellular tower at this
location. The ordinance also authorizes the proposed height and existing setbacks for the
tower. Since the tower was constructed before the regulations were adopted, it is
unreasonable to expect that the tower be relocated to meet the current requirements. If
the Special Use Permit is not approved, the tower may remain at its present location and
height.
Staff mailed 16 notices to adjacent property owners regarding this request. No
correspondence has been received regarding this request.
Since the SUP for this particular use has little impact on land use decisions or
requirements, but may be important to those living nearby, staff believes the opinions of
the area property owners should be the most important factor in whether to grant the
Special Use Permit. Since the request is an SUP, conditions may be imposed that are
Agenda Item No. 5 - Page 1
different than or in addition to the normal requirements of the Land Development Code,
provided the conditions are intended to reduce the negative impacts on the adjacent
property.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: November 11,2002
City Council: December 3 and December 17, 2002
RECOMMENDATION:
Approval
ATTACHMENTS:
· Location and Zoning Map
· Zoning Exhibit
· List of Property Owners Notified
· Draft Ordinance
Prepared by:
~A
Agenda Item No. 5 - Page 2
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McClendon Nursery
2505 Hall Johnson Road
Colleyville, TX 76034
Chandler Cantrell Properties
P.O. Box 611
Colleyville, TX 76034
Leroy McClendon
2505 Hall Johnson Road
Colleyville, TX 76034
Wayne Vardell
2400 Spruce Court
Colleyville, TX 76034
Charlie & Helen Fay Hall
4200 Glade Road
Colleyville, TX 76034
Kevin & Heather Preola
5605 Sycamore Drive
Colleyville, TX 76034
John & Lynn Terry
5609 Sycamore Drive
Colleyville, TX 76034
Roger & Teresa Isbell
5701 Sycamore Drive
Colleyville, TX 76034
Guy & Shelley Willingham
5705 Sycamore Drive
Colleyville, TX 76034
Jeffrey Seifers
5709 Sycamore Drive
Colleyville, TX 76034
David Stiles, Jr.
2305 Ballantrae Drive
Colleyville, TX 76034
A. J. & Elizabeth Phelan
2307 Ballantrae Drive
Colleyville, TX 76034
Keith & Carole Butterfield
2309 Ballantrae Drive
Colleyville, TX 76034
Thomas & Lea Ann Wood
2401 Ballantrae Drive
Colleyville, TX 76034
Lester & J ennelle Rushin
2403 Ballantrae Drive
Colleyville, TX 76034
Larry & Joyce Morgan
2405 Ballantrae Drive
Colleyville, TX 76034
Case Z-02-031 (Notices dated: November 1,2002)
According to the last published Tax Record, individuals who own property that is within the 200'
of the proposed special use permit/and-or/zoning change request are listed above. I certify that
the parties listed above have been notified ofthe proposed change request as required by
the Texas Local Government Code and the Colleyville Land Development Code.
a6evy
~~;n~~ng & Zoning Assistant
ORDINANCE 0-02-xxxx
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A
CELLULAR TOWER ON LOT 1, BLOCK 2, LEGGETT, MCKITHAN AND BAYLOCK
ADDITION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, an application for a Special Use Permit was filed by Zone Systems for
Verizon Wireless on October 18,2002, under Case No. Z-02-031; 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 Lot 1, Block 1, Leggett, McKithan
and Baylock Addition (2319 Hall Johnson Road), by authorizing a
Special Use Permit for a Cellular Tower, subject to the following
conditions:
a. Heiqht. The overall height of the cellular tower shall not exceed
one hundred fifteen (115) feet.
b. Setbacks. The setback from the center of the tower to the west
property line shall be thirty (30) feet. The setback from the
center of the tower to the south property line shall be one
hundred eighty (180) feet.
c. Location. The cellular tower location shall be consistent with the
drawings attached as Exhibit "B".
d. Construction. The cellular tower shall be monopole construction
only.
Sec. 2.
THAT any person, firm, or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
Ordinance 0-02-xxxx
Page 2 of 2
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. 3.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
Sec. 4.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
Sec. 5.
THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2002.
day of
The second reading and public hearing being conducted on the
2002.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
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Subject:
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PLANNING & ZONING COMMISSION
AGENDA BRIEFING
November 11, 2002
Z-02-032 - Public Hearing- Special Use Permit for an accessory
building on Lot 1, Block 1, Mikolaitis Addition, located at 2309 Hall
Johnson Road I
STAFF REVIEW COMMENTS
John and Deborah Mikolaitis are the owners of a house located at 2309 Hall Johnson
Road, The owner has submitted a Special Use Permit (SUP) application to construct an
accessory building on the property. The owner proposes to construct a 1,500 square foot,
single-story building on the property.
The accessory building regulations include size and location standards. All requests to
exceed the base standards must be authorized by a Special Use Permit approved by the
City Council. A comparison of the regulations and the proposed building is shown below.
The proposed building meets all the requirements of the regulations except for the building
size. The applicant has requested a waiver from this requirement, as allowed by the Code.
ACCESSORY BUILDING ZONING COMPARISON I
Category Zoning Requirement Applicant Proposal I
I 1. Maximum Size 1,000 sf for 0.5-0.99-acre lots 1,500 sf
2. Max. Number of Buildings 3 1
3. Side Setbacks 5 feet 20+ feet both sides
4. Rear Setback 5 feet 20+ feet
5. Max. Height Not to exceed height of main building complies
The allowed size of an accessory building is based on the size of the lot. For lots between
0.5-acres and 0.99-acres, the size is limited to 1,000 square feet. The applicant's lot is
O.9623-acres in size, or 41,918 square feet. If the lot were 1,642 square feet larger, the
proposed accessory building could be constructed without obtaining a special use permit.
The applicant has requested a waiver of this requirement to allow the 1,500 square foot
building.
A letter from the applicant is attached that further explains this request. The building, as
proposed, would be constructed with a pitched roof, skylight panels, cupola, and shuttered
windows. The applicant initially indicated that the exterior construction material would be
light colored stone with green trim.
IMPACT ISSUES
1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan,
adopted in 1998, which designates this area as a future single-family residential area.
Agenda Item No. 6 - Page 1
2. Surrounding Properties. Most of the surrounding properties are developed as single-
family residences. Properties to the north and west are developed as single family
residences (Highland Meadows and Arbor Estates). Properties to the east and south
are zoned AG Agriculture and contain single family residences. There is an office
building located approximately 200 feet to the east.
3. Development Trends. The long-term trend forthis area is single-family development.
Property in the area is generally suitable for that type of development.
4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-
of-way.
5. Property Taxes. According to information available from the Tarrant Appraisal District,
the land and house is appraised at $74,000. The estimated annual City property tax
revenue generated by this property is $257. The addition of the accessory building
could have a positive impact on the appraised value of the property. The owner has
stated his intent to construct a new residence on the property in 2003.
6. Traffic Generation. The addition of the accessory building will not have an impact on
the traffic generation in the neighborhood or local area, as the building is a private
garage for use by the residents on the premises.
Staff mailed 17 notices to adjacent property owners regarding this request. Staff received
letters in opposition to the request. Copies of the letters are attached.
Staff's recommendation of denial is based on the proposed building not complying with the
Land Development Code. Since the SUP for this particular use has little impact on land
use decisions or requirements, but may be important to those living nearby, staff believes
the opinions of the area property owners should be the most important factor in whether to
grant the Special Use Permit. Since the request is an SUP, conditions may be imposed
that are different than or in addition to the normal requirements of the Land Development
Code, provided the conditions are intended to reduce the negative impacts on the adjacent
property.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: November 11, 2002
City Council: December 3 and December 17,2002
RECOMMENDATION:
Denial, due to technical non-compliance with the Land Development Code
Agenda Item No. 6 - Page 2
ATTACHMENTS:
· Location and Zoning Map
· Information from Applicant
· List of Property Owners Notified
· Correspondence
Prepared by:
Cb~
Agenda Item No. 6 - Page 3
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CASE '# Z-02-032 - SUP for an Accessory Building
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Mikolaitis Addition
Lot 1, Block 1
Special Use Permit Application
10/18/02
Background
We agreed to purchase this lot in October 2001. It was reported to be 1.008
acres. We were specifically looking for a lot of 1 acre or greater in the Colleyville
area in order to initially build a personal workshop, and then build our primary
residence. We knew we needed at least an acre to build the size shop (3D' x 50')
we wanted per the Land Development Code (Section 3.27.A).
The lot in question is located at 2309 Hall Johnson Road. It was originally 1.008
acres prior to the city acquiring 15' of road frontage to improve Hall Johnson. We
discovered this during the survey and platting work.
Application Details
We elected to move ahead with our purchase and petition for a Special Use
Permit based upon the following considerations:
· The lot was originally 1.008 acres. We invested earnest money and survey
expenses based upon this assumption. Zoning records reflect the lot being
1.0 acre in size. (Attachment A is typical.)
· The lot was formerly used to support a landscaping service. We have made
the property much more visually presentable to the neighbors. (Attachment B
is a photo showing the previous storage on site of miscellaneous landscaping
tools, equipment, and products. And Attachment C is a current photo of the
lot.)
· The lot is very narrow and deep. We plan to place the shop at the very back
of the property, nearly 400' from Hall Johnson Road. (See Attachment D.)
· The property to the rear of this lot already has a large metal shop just across
our fence line. (See Attachment D for location and Attachment E for photo.)
· The lot to the east also has a large metal building (See Attachment D for
location and Attachments F & G for photos of that shop and rock pile areas.)
· Just to the west of our proposed building there is a fenced drainage area
providing separation from the existing homes. (See Attachment H for photo.)
· Our proposed building will be complementary to our planned home. It will be
"garage" like, with a 4 in 12 pitched roof, skylight panels, cupola, additional
personnel door and shuttered windows. The intended manufacturer is
Mueller, Inc. (See Attachment I.)
· The increased building size (1 ,SOD-sq. ft. as opposed to 1 ,ODD-sq. ft.) will
provide for increased interior storage of our property, minimizing the outside
storage "clutter" to our neighbors and us.
Timing
We plan on construction beginning as soon as this permit is acted upon. We
further expect to begin construction of our home on this site during 2003, and
understand that the small existing home will be required to be removed.
Contacts
John & Deborah Mikolaitis
2433 Brittany Lane
Grapevine, TX 76051
Home: 817-488-3393
Work: 817-640-6936
Cell: 817-307-8124
E-Mail: mikoman@juno.comorjohn.i.mikolaitis@cummins.com
I
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TINO AT THE TTUE
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NEYARD ADDITlON
CABINET A. Sl.1DE 4029. p.R. T.
Steel Building Systems & Components
Building A liPrH (11&'\....,
Quotation
I
Mueller, Inc
Salesperson:
Philip Smith
Date: 10/15/2002
Job #:
Submittals
Erection Drawings Qty 0
Anchor Bolt Plan Qty 0
Design Certification
Next Business Day Mail (where available)
UL-90
Design Calculations
WPI-2D (Texas Windstorm Certification)
See Additional Architectural Drawings
Customer Data
Customer:
Ship to:
Mail Address:
City, State, Zip:
Contact:
Day Phone:
Home Phone:
Cell Phone:
Fax:
Email:
John Mikolaitis
End User:
Name:
Jobsite Address:
City, State, Zip:
County:
General Contr:
Address:
City, State, Zip:
Customer Type: Retail
-----..----.,
2433 Brittany Ln. u___ _
c;r!e!vin~,Tx.7!~5-.!_ ____
Ship Via:
Mueller Truck
Weight:
10,592 Ibs
Building Details
Building Type:
Width: 30.000'
Length: 50.000'
--.-.- --
Sidewall Bay Spacin
RF SS L T
Peak Offset: 15.000'
Front Side:
Back Side:
Eave Ht
10.000'
10.000'
Roof Slope
4.000 in 12
4.000 in 12
irt Typ
ByPass
ByPass
1 @ 28.0000~,~~~~.0~00'
Frame ID
1
Frame Type
Rigid Fram
Load Width
31.250'
Col Type*
ide-Flang
Rafter Type
ide-Flang
Frame Line
2
# Int Col's
* May change due to engineering requirements
Building Code (Provided by customer): Building Loads:
1.00
Dead Load:
Live Load:
Load Reduction:
Roof Snow Load
Collateral
Wind Load:
2.50 pst
20.00 pst
No
5.00 pst
3.00 pst
85.00 mph
Other Loads:
Extension Dead Load: 2.50 pst
Extension Live Load (SW 20.00 pst
Extension Live Load (EW 20.00 pst
Design Code:
Closed/Open:
Exposure:
Importance - Wind:
Seismic Zone:
Importance -Seismic:
Seismic Coefficient:
Importance - Snow:
MBMA'96
P
1.00
0.05
1.00
Crane Load?
Floor Load?-~
Parapet / Mansard?
Ye
Ye
Ye
No
No
No
Stepped elevations or structures within 20 feet
Special Serviceability requirements?
Ye
Ye
No
No
MBMA Intended Use:
Building Use Classifiation:
Description of building use:
5G (Residential)
Standard Building
MBS File: JM
Page 1 of 3
30 x 50 x 10 /10
Frame Coating
Main Columns & Rafters
Red oxide
Galvanized
End Frames
Left
Expandable
Other
Framed Openings
Wall
Front Sidewall
-- - -~
Front Sidewall
Bay
1
2
Purlins, Girts, Eave Struts
Red oxide
Galvanized
Door Framing
Red oxide
Galvanized
Base Angle
Red oxide
Galvanized
Bracing Details
Diagonal Bracing
Panel Shear
Diagonal Bracing
Panel Shear
Diagonal Bracing
Offset
16.000'
2.000'
"Note on framed openings: Mueller, Inc will supply the necessary reinforcement to brace framed openings against necessary loadings If
the size of the framed openings are specified by the customer, Mueller, Inc will not be responsible for adaptability of fit-up of items installed
in these framed openings other than stock overhead doors supplied by Mueller,lnc
Purlin Extensions
Wall
None
Surface
Eave Extensions and Canopies
Wall
None
Bay St
Base Condition
Wall Bracing:
Right
Angle
Trim
Channel
Girt
Roof:
Left Endwall:
Front Sidewall:
Right Endwall:
Back Sidewall:
Open Widt
10.000'
---"---
16.000'
Header Ht
8.000'
--- - ---.--- ----
8.000'
Sill Ht
0.000'
0.000'
Length
Soffit
ay En
Height
Width
Slope
Open walls:
"Note All open walls will contain necessary columns unless otherwise noted.
Left Endwall:
Front Sidewall:
Yes
Yes
Partial Walls:
Wall
None
Bay Start
MBS File: JM
No
No
Right Endwall:
Back Sidewall:
Yes
Yes
Bay End
pen Heigh
Base
Page 2 of 3
Soffit
No
No
Full Load
30 X 50 X 1 0 / 1 0
Roof
Color:
Panel:
Gauge:
Quality:
Sheets & trim
L/6c1t r
c. tt+ 't
White
PBR
26
25 Year
Llc;-4T I '1/ .;
Walls -~ Ii'." C Trim C fl-!. '(Ai Soffit
Color: .fltft- Gable: ~ Color
Panel: R Eave: Ru& Red Panel
-- - Corner: Rus-Red Gauge:
Gauge: 26
--~ -- .- - Jamb: Rtl3 Rett Quality:
Quality: 25 Year
Fasteners
Roof
Panel:
Lap
Type
TEK1.25
- --
LAPTEK
Lon~ Life
Walls
Panel:
Lap:
Type:
TEK1.25
- ------ --,.. --
LAPTEK
Std
Soffit
Panel:
Lap:
Type:
Ridge Covering
Peak Sheets
Ridge Row
Insulation
Roof:
Walls
Accessories
Quan
4
1
1
1
1
1
1
1
5
2
Eave Condition
Front Sidewall
Gutter & 3 Downspouts
Eave Trim
Back Sidewall
Gutters &
Eave Trim
3 Inch
3 Inch
Vinyl Back
Vinyl Back
· Reinforced Vinyl Back
~ Reinforced Vinyl Back
E-Foil Radiant
E-Foil Radiant
Description
Roof Light Panels - SW x 12.0000'
DBCI RUD -10 X 8 Mod. 2000
- - ...--- - - --- ----- -- -------- --
DBCI RUD -_~X ~~Mod. 3100 fl.: ).~_
3x7 Door Wht WIlks Cutout White
- ---...-- - --. --
8114 in X 3x7 Wht Frame Kit White (WI Hinges & Threshold)
------ - - ----
Premium Hl!a,,~ [)u!}' Loc~set (B9!60a3~k~)
3070_Trim Packil9.es
Weather Strip Kit 3x7 Door
9" Continuous Ridge Vent (.Die-form Base) : White, Wldamper
Hor.Slide 3030 Ins Mill (] 't 1 )
Special Requirements:
Estimated Building Price: $11,857.15
(Includes shipping, 8.25% Sales Tax included)
Estimated Shipping Weight:
10,5921bs
MBS File: JM
Page 3 of 3
Hex Wire
Hex Wire
30 X 50 x 1 0 / 1 0
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Chandler Cantrell Properties
P.O. Box 611
Colleyville, TX 76034
Larry Brown
5603 Sycamore Drive
Colleyville, TX 76034
Charlie & Helen Fay Hall
4200 Glade Road
Colleyville, TX 76034
John & Lynn Terry
5609 Sycamore Drive
Colleyville, TX 76034
Roger & Teresa Isbell
5701 Sycamore Drive
Colleyville, TX 76034
Kevin & Heather Preola
5605 Sycamore Drive
Colleyville, TX 76034
Jeffrey Seifers
5709 Sycamore Drive
Colleyville, TX 76034
David Stiles, Jr.
2305 Ballantrae Drive
Colleyville, TX 76034
Guy & Shelley Willingham
5705 Sycamore Drive
Colleyville, TX 76034
Keith & Carole Butterfield
2309 Ballantrae Drive
Colleyville, TX 76034
Kenneth & Mary Ann Cannon
2207 Ballantrae Drive
Colleyville, TX 76034
A. J. & Elizabeth Phelan
2307 Ballantrae Drive
Colleyville, TX 76034
James & Jill Van Over
2303 Ballantrae Drive
Colleyville, TX 76034
John & Deborah Mikolaitis
2433 Brittany Lane
Grapevine, TX 76051
Alfred & Christi Marucci
2301 Ballantrae Drive
Colleyville, TX 76034
Case Z-02-032 (Notices dated: November 1,2002)
According to the last ~ublished T~x Record, individuals who own property that is within the 200'
of the pr?po~ed speCIal use permlt/and-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
~the Texas Local Government Code and the Colleyville Land Development Code.
an Levy
lanning & Zoning Assistant
VIA 15M~1 L-
Planning and Zoning Commission
City of Colleyville
P.O. Box 185
Colleyville, TX 76034
..
} ..
',.\
~~< ~
NClV 0 5 7.002-
:-... t..
Regarding Case # Z-02-032 Special Use Permit for an Accessory Building. Lot 1, Block 1, Mikolaitis Addition
Dear Sirs,
I am one of the owners of the property directly adjacent to the case subject property described above (Lot 11, Block
1, Arbor Estates III) and wish to submit my concerns for consideration of the Commission. My concerns involve the
improvement to this property where:
1 Property values of Arbor Estates 11/ in particular are concerned: I am confident the use of the
proposed accessory building will be discussed at the hearing. I can not help but think, however, that
a facility described as "accessory" will do anything to help surrounding property values and will
most likely do damage There was recently such a structure on this same property that was
dismantled and destroyed. The pest harborage alone (rodents, etc.) was enough to discourage the
reconstruction of a similar facility but the impact to "sellability" of the surrounding properties was
definitely felt as was shared by potential homebuyers during the sales cycle of one of homes
adjacent and in the area.
2. The impact to traffic patterns of Hall Johnson Road: The current tenants of 2308 Hall Johnson
have indicated that it is the desire of the owner of this property to erect a structure similar to the
one described above for the purpose of opening some type of auto service center. If this is the
intent or something similar there should be consideration given to the traffic implications of allowing
this type of business in this area of Hall Johnson. You may be aware that this particular section of
Hall Johnson has no protected turn lane or traffic control.
3 The potential increase in "neighborhood noise": If the business described above is allowed, the
noise of an auto shop including air compressors, engine noise and general traffic would most
certainly follow. The residents of Arbor Estates III have already endured some most un-neighborly
behavior on the part of the current tenants, as Colleyville Police records will no doubt bear out.
Specifically, weekend "celebrations" by the current tenants have been anything but discreet
4. The potential use of the property for commercial or industrial purposes: Commercial or
industrial neighbors of a residential area such as Arbor Estates or Highland Meadows rarely make
good bedfellows. Would parking, lights, generators, etc be required?
5. The evolution of this particular area of town: Colleyville seems to be a town in transition.
Transitioning from a rural community existing of agricultural commerce and lifestyle to one of
executives and entrepreneurs. An "adhoc" building erected as described above would most
certainly fit here in the Colleyville of the past, however, it seems very out of place given the location
and condition of the current City of Colleyville.
I just had the pleasure of receiving my tax bill for the year 2002 where, for my Y2 acre of the city, I was billed over
$8,000. On a property with the potential appreciation that I believe mine has, I am happy to invest this money in my
community for the common good. As you can imagine, however, I am not very anxious to make this same
investment if there is little control over permitted construction and business at my back door.
Thank you for the opportunity to comment.
Sincerely,
Jeffrey S. Seifers
5709 Sycamore Dr.
Colleyville, Texas 76034
... '..,.
O 8 . "-7
f\, {UU,-
Planning and Zoning Commission
City of Colleyville
P.O. Box 185
COlleyville, TX 76034
Regarding Case # Z-02-032 Special Use Pennit for an Accessory Building. Lot 1, Block 1,
Mikolaitis Addition
Dear Sirs,
I am one of the owners of the property directly adjacent to the case subject property
described above (Lot 10, Block 1, Arbor Estates III) and wish to submit my concerns for
consideration of the Commission. My concerns involve the improvement to this property
where:
1 Property values of Arbor Estates III in particular are concerned: I am
confident the use of the proposed accessory building will be discussed
at the hearing. I can not help but think, however, that a facility described
as "accessory" will do anything to help surrounding property values and
will most likely do damage There was recently such a structure on this
same property that was dismantled and destroyed The pest harborage
alone (rodents, etc.) was enough to discourage the reconstruction of a
similar facility but the impact to "sell ability" of the surrounding properties
was definitely felt as was shared by potential homebuyers during the
sales cycle of one of homes adjacent and in the area.
2. The impact to traffic patterns of Hall Johnson Road: The current
tenants of 2308 Hall Johnson have indicated that it is the desire of the
owner of this property to erect a structure similar to the one described
above for the purpose of opening some type of auto service center. If
this is, the intent or something similar there should be consideration
given to the traffic implications of allowing this type of business in this
area of Hall Johnson. You may be aware that this particular section of
Hall Johnson has no protected turn lane or traffic control.
3 The potential increase in "neighborhood noise": If the business
described above is allowed, the noise of an auto shop including air
compressors, engine noise, and general traffic would most certainly
follow. The residents of Arbor Estates 1/1 have already endured some
most unneighborly behavior on the part of the current tenants, as the
Colleyville Police records will no doubt bear out. Specifically, weekend
"celebrations" by the current tenants have been anything but discreet
4. The potential use of the property for commercial or industrial
purposes: Commercial or industrial neighbors of a residential area such
as Arbor Estates or Highland Meadows rarely make good bedfellows.
Would parking, lights, generators, etc be required?
5. The evolution of this particular area of town: Colleyville seems to be
a town in transition. Transition from rural community existing of
agricultural commerce and lifestyle to one of executives and
entrepreneurs. An "adhoc" building erected as described above would
most certainly fit here in the Colleyville of the past; however, it seems
very out of place given the location and condition of the current City of
Colleyville.
I just had the pleasure of receiving my tax bill for the year 2002 where for my 1/2 acre of
the city, I was billed over $8,000. On a property with the potential appreciation that I
believe mine has, I am happy to invest this money in my community for the common
good. As you can imagine, however, I am not very anxious to make this same
investment if there is little control over permitted construction and business at my back
door.
Thank you for the opportunity to comment.
Si~~~;' Ii flAo/;_- '
~~. IlIingham '
5705 Sy more Dr.
Colleyville, Texas 76034
i.
l\~ j 0 6 2U02
Planning and Zoning Commission
City of Colleyville
P.O. Box 185
Colleyville, TX 76034
Regarding Case # Z-02-032 Special Use Permit for an Accessory Building. Lot 1, Block 1,
Mikolaitis Addition
Dear Sirs,
I am one of the owners of the property directly adjacent to the case subject property
described above (Lot 11, Block 1, Arbor Estates III) and wish to submit my concerns for
consideration of the Commission.
This facility will undoubtly cause great harm to our community. Noise levels, traffic
patterns and the unsightly presence of this addition are just some of the negative factors
that will impact all of Mr. Mikolaitis neighbors. Property Values will tumble. The house
next to mine was recently on the market and already experienced difficulty in selling and
the comments where all based on the exsisting sights and noise level already
associated with this property. A quick review of Police records and complaints on this
property will bear this out.
We take great pride in our homes and our community. Please help us protect our
property from harm. It is, I believe, the very reason you exist.
Thank you for this 9.1?fort,unity to express my family's concerns.
\
John Terry .\" +______.
5609 Sycamore Dr.
COlleyville, TX. 76034
NOTICE OF PUBLIC HEARING
ON PETITION FOR A SPECIAL USE PERMIT
DATE OF NOTICE: FRIDAY, NOVEMBER 1, 2002
CASE NUMBER: Z-02-032
ORDINANCE 0-02-xxxx
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN
ACCESSORY BUILDING ON LOT 1, BLOCK 1, MIKOLAITIS ADDITION;
PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A
SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, an application for a Special Use Permit was filed by John Mikolaitis on
October 18, 2002, under Case No. Z-02-032; 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.
Sec. 2.
Sec. 3.
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A")
are hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described as Lot 1, Block 1, Mikolaitis Addition
(2309 Hall Johnson Road), by authorizing a Special Use Permit for
an Accessory Building, subject to the following conditions:
a. The maximum size of the building footprint shall not exceed one
thousand five hundred (1,500) square feet.
b. The building location shall be consistent with the drawings
attached as Exhibit "B".
THAT any person, firm, or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense qnd shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
Ordinance 0-02-xxxx
Page 2 of 2
Sec. 4.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
Sec. 5.
THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2002.
day of
The second reading and public hearing being conducted on the
2002.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
cit~' Of
oe~
Texa!Oo
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
November 11 , 2002
Z-02-033 - Public Hearing - Zoning Change from CPO to PUD-C
Planned Unit Development Commercial on Tract A 1, Block 2,
Hi hland Acres located at 5314 Bransford Road
STAFF REVIEW COMMENTS
Hughes Capital Management is the owner of an existing building located at 5314 Bransford
Road. Victorious Living Church has applied for a zoning change on the property from CPO
Professional Office to PUD-C Planned Unit Development Commercial. The owner is
seeking a zoning change in order to use the facility as an assisted living center.
The property is located at the southwest corner of Bransford Road and Timberline North,
just south of city hall. The existing single-story building is 9,783 square feet in size.
Access to the property is from Timberline North. There are 15 parking spaces on the lot.
The building was constructed in 1986, and was initially used as a retirement home. In
1993, the building was used as a Class A large personal care home, similar to the type of
use proposed by the applicant, and maintained a license for the facility through the Texas
Department of Health. The facility ceased operation for unknown reasons in May 1998.
Changes to the zoning regulations in 1995 resulted in this type of facility not being an
allowed use in the CPO zoning district. Thus, the owner has applied for a zoning change
to allow the use as proposed.
The applicant proposes to use the building as a Type A Assisted Living Center. According
to the Texas Department of Human Services (DHS), a Type A facility is one that "cares for
residents who do not require routine attendance during sleeping hours and are capable of
following directions in an emergency." Assisted Living Centers typically provide food and
shelter, and personal care services such as assistance with meals, dressing, bathing and
the supervision of medication. The Texas DHS licenses, inspects, and investigates
complaints related to these facilities. A State license is required for any facility that houses
four or more people; the applicant proposes a capacity of 32 residents. The applicant
intends to sign a 36-month lease upon approval of the Special Use Permit.
A Type A Assisted Living Center license does not authorize the ownerto operate a nursing
facility/home, an adult day care center, a mental health/mental retardation hospital, or a
drug or alcohol treatment center.
IMPACT ISSUES
1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan,
adopted in 1998, which designates this area as a future institutional area.
Agenda Item No. 7 - Page 1
2. Surrounding Properties. The properties to the west are developed as single-family
residences. The Latter-Day Saints church is located to the south. A mixed-use office
and residential building and a day care center are located to the north. City Park is
located to the east across Bransford Road.
3. Development Trends. The area is not experiencing significant development as most
tracts are already built upon.
4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-
of-way.
5. Property Taxes. According to information available from the Tarrant Appraisal District,
the land and house is appraised at $600,000. The estimated annual City property tax
revenue generated by this property is $2,084.
6. Traffic Generation. The Institute of Transportation Engineers publication Trip
Generation provides estimates of expected traffic generation based on land use. There
is little data available for assisted living facility or congregate care facility uses. The
most recent data available are from 1981, which estimates 2.12 to 2.15 trips per
occupied dwelling unit. There are no traffic counts available for Bransford Road.
Staff mailed notices to 10 adjacent property Qwners regarding this request. No
correspondence has been received regarding this request.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: November 11,2002
City Council: December 3 and December 17, 2002
RECOMMENDATION:
Approval
ATTACHMENTS:
· Location and Zoning Map
· Information from Applicant
· List of Property Owners Notified
· Draft Ordinance
Prepared by:
~oa
Agenda Item No. 7 - Page 2
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CASE # Z-02-033 - Zoning Change from CPO to PUD-C
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STATEMENT OF PLANNING OBJECTIVES:
Our church, The Victorious Living Church, organized and approved by the
Internal Revenue Service as tax exempt organization in 1995, would like to
open an Assisted Living Facility in the formerly known Townleigh Retirement
Center located at 5314 Bransford Road in Colleyville. The building was, at
one time, operated as a State approved type A, Assisted Living facility. We
will leave floor plan as is. This current facility would have a licensed capacity
of 32 residents.
In a Type A facility, a resident:
(A) must be physically and mentally capable of evacuating the facility
unassisted. This may include the mobile nonambulatory persons such as
those who are in wheelchairs or electric carts and have the capacity to
transfer and evacuate themselves in an emergency.
(B) does not require routine attendance during nighttime sleeping hours; and
,\
(C) must be capable of following directions under emergency conditions.
Upon approval from the City of Colleyville, our organization would sign a
36 month lease agreement as the responsible party and began operations.
Thank you,
Patsy Ray,
Administrator
FROM : SCOTT BREI
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PI-fJNE r-.o. :
Oct. 08 2002 04:~3PM ?2
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David & Denise Hall
407 Timberline Street N
Colleyville, TX 76034
Van Teel
P.O. Box 242
Colleyville, TX 76034
John Slater
404 Timberline Street S
Colleyville, TX 76034
Wilmer & Alinda Dale
408 Timberline Street N
Colleyville, TX 76034
Billy & Janice McClure
404 Timberline Street N
Colleyville, TX 76034
Wheatland Medical Inc.
1301 Capital ofTX HWY A-306
Austin, TX 78746
Church of Jesus Christ LDS
50 East North Temple
Salt Lake City, UT 84150
Shirley Roberts
101 Timberline Street N
Colleyville, TX 76034
Ritz Properties Inc.
P.O. Box 1530
Colleyville, TX 76034
Anthony & Frances Hernandez
3125 Oakdale Drive
Hurst, TX 76054
City of Colleyville
Case Z-02-033 (Notices dated: November 1,2002)
According to the last published T~x Record, individuals who own property that is within the 200'
of the pr?po~ed special use permlt/and-or/zoning change request are listed above. I certify that
the parties listed above have been notified ofthe proposed change request as required by
~e Texas Local Government Code and the Colleyville Land Development Code.
an Levy
lanning & Zoning Assistant
ORDINANCE 0-02-xxxx
AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND
DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING
THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACT A1,
BLOCK 2, HIGHLAND ACRES, FROM THE CPO PROFESSIONAL OFFICE
DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL
DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, an application for a zoning change was filed by Pat Ray, Victorious
Living Church for Hughes Capital Management, Inc. on October 18,
2002, under Case No. Z-02-033; 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
Tract A 1, Block 2, Highland Acres, by changing the zoning of said
property from the CPO Professional Office district to the PUD-C
Planned Unit Development Commercial district, as shown on the
attached Zoning Exhibit attached as Exhibit "B", including any other
conditions and restrictions imposed and approved by the City
Council, which are incorporated herein.
Sec. 2.
THAT the PUD-C area shall be subject to the following conditions:
1. GENERAL
a. The purpose of this PUD-C is for an assisted living center and
general office land uses.
Sec. 4.
Sec. 5.
Ordinance 0-02-xxxx
Page 2 of 6
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by
this Ordinance.
2. PERMITTED USES
The following land uses shall be permitted within this Planned
Unit Development.
a. Assisted Living Center
b. Uses allowed in the CPO Professional Office zoning district
3. GENERAL REGULATIONS FOR ASSISTED LIVING CENTER
a. For the purposes of this ordinance, an assisted living center
shall mean an establishment that furnishes, in one or more
facilities, food and shelter to four or more persons who are
unrelated to the proprietor of the establishment; and provides
personal care services.
b. For the purposes of this ordinance, personal care services shall
mean assistance with meals, dressing, movement, bathing, or
other personal needs or maintenance; the administration of
medication by a person licensed to administer medication or the
assistance with or supervision of medication; or general
supervision or oversight of the physical and mental well-being of
a person who needs assistance to maintain a private and
independent residence in an assisted living facility or who needs
assistance to manage the person's personal life, regardless of
whether a guardian has been appointed for the person.
c. The number of residents in the assisted living center shall not
exceed thirty-two (32) people.
THAT any person, firm, or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
Ordinance 0-02-xxxx
Page 3 of 6
Sec. 6.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
Sec. 7.
THAT this ordinance shall become effective immediately upon
publication.
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
Cit\' or
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PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
November 11, 2002
G-02-029 - Consideration and discussion of the work plan for the
master plan update.
STAFF REVIEW COMMENTS:
One of the primary goals of the City Council and the Planning and Zoning Commission
has been to update the Colleyville Master Plan. The current master plan was adopted
in 1998 and there have been many changes in the community that suggest an update at
this time is certainly warranted. At the joint workshop of the City Council and the
Planning and Zoning Commission held at the Community Center on October 22, 2002,
staff was directed to take the input and comments from those in attendance and prepare
a work plan for the master plan update. Attachment 1 is a copy of the proposed outline
and work plan that incorporates your comments. Please review this document and be
prepared to offer additional input at your regular Monday night meeting.
Additionally, one of the key features that the City Council and the Planning and Zoning
Commission wanted to include in the master plan process is a provision on the City's
web site to inform the public of the master plan update process and its ongoing status.
Attachment 2 is a copy of the proposed material to be used on the City's web site.
Please review this document and be prepared to offer your comments at the meeting on
Monday night.
RECOMMENDATION:
Approval
ATTACHMENTS:
· Master Plan Outline and Work Plan
· Web Site Information
Prepared by:
,\...
Agenda Item No. 8 - Page 1
Attachment 1
The Colleyville Plan
A General Plan for Growth and Development
Outline of Work Elements
I. Introduction
The City of Colleyville is proposing an update of the master plan for the City. The
current master plan has influenced many development decisions since its adoption in
1998, such as the Town Center development and the adjacent residential developments
to the south of the Town Center project. However, there have also been a number of
significant land use changes that suggest the time is ripe for the community to consider
additional planning efforts during the coming year to ensure that future development
decisions will meet the needs of the community.
II. Changing Development Trends
Over the past decade, residential growth has outpaced that of the commercial sector as
the community has grown from a population of 12,724 persons in 1990 to 19,636
persons when the 2000 enumeration was taken by the Census Bureau. However,
residential and commercial development trends are undergoing considerable change in
Colleyville as the community begins to approach residential build-out. During the past
few years, importance of the growth in the commercial sector has taken on more
significance than in the past.
Commercial developments along State Highway 26, State Highway 121 and Precinct
Line Road benefit the community in many ways, such as providing convenience to
goods and services and generating valuable sales taxes, but commercial growth also
presents many challenges and concerns for improving buffering and other adjacency
regulations where commercial developments abut residential neighborhoods. The
master plan update should focus on this topic as well as addressing concerns of
protecting older neighborhoods.
III. Planning Coordination Issues
The primary objective for updating the master plan is to provide a guide for future
development decisions that are made by the various elected officials. As zoning,
subdivision and related development cases are considered by the City Council and the
Planning and Zoning Commission, a master plan that reflects the current development
goals of the community will help to ensure that implementation of the plan is orderly and
well thought out. However, an additional objective of the master plan update is to make
sure that the information contained in the plan will satisfy the requirements of Chapter
11/8/2002
395 of the Texas Local Government Code as it relates to the Capital Improvement
Plans of the water, sewer and roadway impact fees.
The City of Colleyville collects water, sewer and roadway impact fees under the
authority of Chapter 395 of the Texas Local Government Code. Communities, like
Colleyville, that collect these impact fees are required to periodically review and update
the calculations used to document the fee amounts being collected. The information
collected and data generated as a part of the master plan update must be coordiated in
a manner that these planning efforts do not require duplication.
IV. Project Staffing and Schedule
The master plan update is a project included in the FY03 annual budget for the
Community Development Department. The fiscal year began October 1, 2002. It is
anticipated that the project will be completed during the subsequent twelve to eighteen
month period. However, the actual project period may be extended to meet time
allotments of those involved in the process or to allow adequate time to address issues
of particular concern.
Many communities contract with private sector consulting firms that specialize in city
planning to provide all necessary planning services associated with a master plan
update, and there are several advantages to this approach. For example, private sector
consultants often have a particular area of expertise or bring to the table considerable
experience gained from doing similar work in a variety of communities. However, city
planning consultants can be expensive and the high cost can often limit the scope of
services provided to a community, thus leaving key issues unaddressed.
Department staff, on the other hand, have first hand knowledge of local planning issues
and concerns and are often better able to focus on specific work elements related to the
master plan update. While there can be considerable cost savings from utilizing city
staff over private sector consultants, time constraints created from routine and daily job
assignments can often take greater priority than the master plan update.
The Colleyville master plan update is being proposed to utilize both staff and private
sector consultants, thereby maximizing the expertise advantages of the private sector
consultants and utilizing staff where appropriate. The tasks outlined in this proposal
have been specifically identified as being performed by consultants or staff. Staff will be
responsible for consolidating the work elements into a single document and producing
the final comprehensive plan.
V. Work Elements & End Products
A. Community Citizens Survey - One of the critical elements of a comprehensive plan
is obtaining information from the residents in the community. Information regarding
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2
land use concerns or traffic issues are two good examples of data obtained through
a community attitude survey that will be used to support the planning goals and
objectives of a community. The purpose of the survey is to identify key community
issues and concerns. The last community attitude survey conducted was in 1997 by
Raymond Turco and Associates.
Work Element: Contract with a local university or consultant to conduct a community
needs and opinion survey. This work element will be independent of the other work
elements. The information collected will be coordinated with other information
generated through citizen meetings and field data to formulate the draft plan.
B. Citizen Participation Phase I - Another critical parts of a community master plan is
obtaining input from the various neighborhoods in the community. Rather than have
the City Council appoint a Citizen's Planning Advisory Committee, it is
recommended that input be obtain directly from the citizens through a series of
neighborhood meetings. Citizen's advisory committees often lack planning expetise
and tend to become barriers between the citizens and the elected officials
responsible for formulating the master plan. The physical characteristics of
Colleyville suggest that the community can be divided into several logical sectors
whereby the citizens within the various neighborhoods have common interests and
similar planning concerns.
Work Element: Staff will mail notice to all property owners within each neighborhood
advising them of their particular neighborhood meeting. The citizens attending the
meeting will be arranged into groups of fifteen to twenty persons and given an
assignment of addressing a list of community-wide issues and identifying a list of
neighborhood issues within their neighborhood. Each group will be given the same
assignment and a time limit to complete their assignment. Staff and Planning and
Zoning Commission members will attend the meetings and be available to answer
questions and provide assistance where appropriate.
C. Goals. Obiectives and Issue Development - Upon completion of the first phase of
neighborhood meetings, the input provided by the citizens will be put into a draft set
of goals, objectives and issues at the neighborhood and community-wide levels.
The following is a preliminary' list of potential issues for discussion initially raised by
Planning and Zoning Commission and City Council members:
1. Transitional neiqhborhoods - There are a few older neighborhoods in Colleyville
that have potential to move from residential to other uses. This presents possible
conflicts with adjacent neighborhoods and raises concerns over how to
accommodate the various factors influencing a possible redevelopment plan.
2. Density - The 1998 master plan recommended a density of 1.8 dwelling units per
acre (dua). The number of large undeveloped tracts is rapidly diminishing which
will put greater pressures for maintaining this density standard on those lands
available for future development. Over the past few years, there have been
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3
several "villas" type developments approved that have catered to a niche market.
Should the City attempt to identify areas in the city where higher density is more
appropriate or should these be considered on a case by case basis?
3. Dividinq laroe lots and rezoninq - There are a number of older homes in
Colleyville that are situated on relatively large tracts of land. There has been a
recent trend to redevelop these tracts by replacing the older home with a much
larger home and thus creating an estate setting. What effect will this trend have
on tax revenues and demands for public services.
4. Smaller lot development - What type of buffering should be present where
smaller lot developments are located adjacent to 1-2 acre lot subdivisions? Are
there uses other than medium density residential that might be compatible?
5. Open space - Should there be policy incentives to provide more open space in
developments and should drainage detention facilities be allowed to consume
open space in private developments?
6. Character of development - Maintaining the rural feel of Colleyville continues to
be an important citizen issue. As new subdivisions are developed, the 'feel' of
developments are affected by street design, layout, open space, etc.
7. Bar ditch roads vs curbs and qutters - The replacement of bar ditches with curbs
and gutters may tend to lose the rural feel of the street. Although curbs and
gutters help to facilitate neighborhood drainage, are there other design solutions
available that might combine both the drainage function and certain aesthetic
considerations? Numbers eight and ten (#8 & #10) below are tied to this issue.
8. Rural streets - Many citizens enjoy the atmosphere created by the overhanging
tree limbs that line the major street system in Colleyville. Bedford Road is an
example of a road with a rural feel. How much emphasis should be placed on
maintaining this country feel, and can landscaping considerations be introduced
early into capital projects that could help to preserve existing trees?
9. Use of consultants - The plan should have less involvement by private sector
consultants and have more effort provided by City staff who are more
knowledgeable of Colleyville's issues and concerns. If the master plan is more
citizen based, pre-determined questions and answers might be avoided.
10. Road desiqn - Some residents would sacrifice some function and efficiency of
the roadway to maintian certain design characteristics. Most citizens are
satisfied with a "C" level of service if it will help to continue a more rural
atmosphere. Regardless of desired service level, many streets cannot be simply
left "as is". Long term maintenance, and the inclusion of some utility upgrades
will be necessary to reuild some of our major streets. See numbers 7 & 8 above
for the importance of the introduction of certain design criteria in all projects.
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4
11. Mixed uses - It is important for our commercial developments to work off of each
other and provide better buffering from residential areas. To prevent possible
economic isolation created by too many of the same or simular uses in certain
areas like commercial "strips", uses that support each other, such as office, retail
and restaurants, and possibly even housing, etc. should be mixed in a specific
area. This would build in a minimum level client-user base for each use.
Work Element: The draft goals, objectives and issues will be prepared by staff.
D. Citizen Participation Phase II - A second round of neighborhood meetings will be
held to review the draft documents that have been prepared up to this point. Each
neighborhood will have the opportunity at this meeting to review comments from all
other neighborhoods. Further refinements will take place at this time. Also, staff will
have available copies of all field surveys of existing planning work.
Work Element: Staff will send notice to all residents within each neighborhood
E. Neiqhborhood Redevelopment Plan - During Phase II of the citizen participation
meetings, those areas previously identified in the initial citizen meetings as being
areas requiring special planning attention will be given additional consideration by
having a professional planning consultant discuss various redevelopment concepts
with those citizens attending the second round of neighborhood meetngs.
There are a few areas in Colleyville that warrant special planning attention. These
areas are generally older residential neighborhoods that are experiencing
redevelopment pressures. For example, single family homes located in older
neighborhoods are often times difficult to sell. Homes in these neighborhoods tend
to become rental properties and structural deterioration becomes more
commonplace. Consideration will be given to these areas by preparation of
development alternatives such as for light office uses. Real estate and insurance
offices may be an acceptable transitional use in these areas and thereby promote
continued maintenance of the structures in these neighborhoods.
Work Element: Preparation of a maps showing the existing and future land use.
Consideration to include possible street re-alignments where appropriate. Meetings
with property owners in these neighborhoods will provide opportunities to obtain
input and comment on proposed alternatives. A private sector planning consultant
will be used to work with the redevelopment neighborhoods in order to maximize
their planning expertise.
F. Demoqraphic & Economic Analvsis - The master plan update will include a thorough
review of past population trends and provide for an accurate forecast of future
population. The analysis of historical population trends will cover the years 1980,
1990 and 2000, with information which identifies the various age cohorts as well as
other basic demographic information. Information that is available from various
11/8/2002
5
sources will help to identify where the population base is employed and provide for
economic information. Maps showing the population density will be included. An
important product of this work element is a table showing the population holding
capacity for each neighborhood. This table will be helpful in analyzing future
rezoning requests.
Work Element: This work element will be prepared by staff.
G. Land Use Analysis - The land use plan is one of the most important elements of a
community master plan because it identifies the future physical arrangement of the
community regarding the location of housing, business and open space areas. The
current master plan will be reviewed to determine the appropriate land use
categories for the master plan update. For example, Colleyville does not have an
area that is largely composed of office developments. The use of an office category
on the current land use plan creates difficulty when reviewing a proposed rezoning
request. In Colleyville, the master plan should probably only reflect residential and
business locations and allow the rezoning process to deal with the buffering effect of
an actual office use.
It is proposed to divide the community into major planning sectors whereby
neighborhood issues can be reviewed, discussed and evaluated on a more specific
level. The boundaries of the neighborhoods will be determined according to logical
major physical features. This approach will enable the community to identify those
neighborhoods where special planning efforts are necessary, such as a
neighborhood in transition. The products of this analysis will include an existing and
future land use map for each neighborhood.
Work Element: The existing and future land use maps will be prepared by staff,
including the analysis for each of the various neighborhoods. This work element will
include an analysis of current zoning districts to detemine their appropriateness. For
example, Colleyville has a number of commercial zoning districts. One of two
commercial zoning districts could possibly provide improved zoning management,
especially since most of the intense uses require special use permit approval.
H. Physical and Environmental Factors Analysis - Citizens in Colleyville are genuinely
interested in preserving open spaces as evidenced by the number of open areas
reserved within residential neighborhoods across the community. High grass and
weed ordinances require all areas of the city to be mowed when grasses reach
certain heights, yet there are some open areas that consideration should be given to
allow them to remain in a more natural state. Areas that have significant
environmental features will be identified so that they may be incorporated into future
open space areas where appropriate. A map will indicate the areas within the
community that are subject to frequent flooding and those areas used for parks and
recreational purposes.
11/8/2002
6
Work Element: Staff will contact State and Federal agencies to identify opportunities
for preserving environmentally sensitive areas. This work element may involve
preparation of a map or a review of current ordinances to implement a local
environmental preservation program.
I. Community Facilities - A brief description of each public facility will be included in
the master plan with an analysis of the facility's condition, use and life expectancy.
Work Element: Conduct an on-site review of all municipal facilities, indicating
square footage and useage. This work element will be completed by staff.
J. Economic Marketina Analysis - Colleyville's commercial growth has not kept pace
with many of the neighboring communities. With the development of the Village at
Colleyville and new businesses lined up for the Town Center development, it now
appears that the community is poised for new commercial growth over the next
decade. Questions often arise over the type of businesses that would be attracted
to Colleyville. This work element will analyze the surrounding trade area to identify a
list of business types that should be solicited for locations within the community.
Work Element: Prepare a detailed of the commercial trade area and develoment of
a long range marketing plan.
K. Citizen Participation Phase III - Upon completion of the final draft document, a
meeting of all neighborhoods will be scheduled to review the final draft before the
Planning and Zoning Commission recommends the plan to the City Council.
Work Element: Notice will be provided in the form of the city newsletter, which is
mailed to all residents advising them of the meeting.
L. Charter Reauirements - The Colleyville charter contains a procedure for adoption of
a master plan. The master plan will be reviewed and recommended to the City
Council by the Planning and Zoning Commission. The City Council will hold at least
one public hearing on the master plan. Chapter 211 of the Texas Local Government
Code states that zoning regulations must be adopted in accordance with a
comprehensive plan. Chapter 219 provides authorization for a community to
prepare and adopt a comprehensive plan.
Work Element: Upon completion of the draft plan, the Planning and Zoning
Commission will recommend the document to the City Council to complete the
official public hearing process. Notices of the public hearing will be placed in the
designated official newpaper to comply with the legal notification requirements, but
notices will also be included in the City's newletter and posted on the City's web site.
The public hearing process will be implemented by City staff.
11/8/2002
7
Attachment 2
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The Colleyville Plan
A General Plan for Growth alld Developnlellt
Visit our web site regularly to review periodic updates
Please click on any of the following items to view further information regarding the
Colleyville Master Plan update.
.
Messaoe from the Mayor and City Council
What is a Master Plan?
Meetino Notices
Master Plan Prooress Schedule
Neiohborhood Boundary Map
Neiohborhood Workshop Proposal
Summary of Neiohborhood Workshops
Master Plan Materials and Draft Documents
Plannino and Zonino Commission
Master Plannino Team and Contact Information
1998 Master Plan
Give us your ideas
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A Message from the Mayor and City Council
One of the goals of the City Council for the upcoming year is to update the Colleyville
Master Plan. Over the next year, our residents and businesses will come together to
help shape the future development and eventual build-out of Colleyville. The purpose of
this website is to educate our citizens of the process that will be used during the master
plan update and to help keep them aware of the project's status.
The master planning process will have a very strong citizen participation component,
which recognizes the role neighborhood residents can play in defining the City's future
direction. Citizen comments and input will help your elected officials to identify ways to
maintain and hopefully improve the quality of life that the citizens of Colleyville have
come to enjoy.
The current master plan was adopted in 1998 and while many accomplishments have
been realized, changing conditions in and around Colleyville warrant an update to the
plan during 2003. The results of our efforts will guide land use, economic and
community development decisions for the next ten to twenty years.
Our approach will emphasize the preservation of our excellent residential
neighborhoods and build on the continued success of expanding our commercial tax
base along Colleyville Boulevard, State Highway 121 and Precinct Line Road.
The master plan update will be coordinated by the City Manager, his staff and will
involve the use of professional consultants certain aspects of the project where
specialized expertise is required.
The City Council and the Planning and Zoning Commission look forward to working
together with you to create a plan for Colleyville's future.
Donna Arp, Mayor
Joe Hocutt, Place 1
Brad Rice, Place 2
Rich Hendler, Place 3
Richard Newton, Place 4
Ginny Tigue, Mayor Pro Tern, Place 5
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What is a Master Plan?
A master plan sets forth a community's goals and recommends actions that will make
the community a good place to live, work, and visit. The plan outlines a strategy to
ensure that the community grows in an orderly, well thought out fashion and that the
needs of the community will be met.
A master plan is a living document that provides continual guidance for the work of the
community's leaders and staff. Municipal decisions need to be weighed against the
values and ideas set forth in the overall plan to ensure that the community is heading in
the right direction.
Why Prepare a Comprehensive Plan?
· To shape the future physical arrangement of the community
· To establish a community vision
· To ensure economic stability and predictability
· To prepare for future demographic and economic changes
· To provide opportunities for citizen input regarding public issues
· To avoid surprises by understanding assets and liabilities
· To provide an impetus for community action
· To provide guidance for land use decisions
· To provide information to the citizens
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Meeting Notices
Notices of all neighborhood meetings will be posted on this page, announcing the time,
date, location and subject matter of the proposed meeting.
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Master Plan Progress Schedule
The following is a preliminary schedule of the work elements associated with the Master
Plan update and the anticipated quarter when the work event is scheduled. The work
elements listed are those tasks that have been tentatively proposed. Additional work
elements may be included as the initial target date approaches either as the need arises
or and if additional tasks are recommended by the Colleyville Planning and Zoning
Commission.
Colleyville Master Plan Progress Schedule
2003 2004
Work Element 1st 2nd 3rd 4th 1st 2nd
Qtr Qtr Qtr Qtr Qtr Qtr
Prepare Neiqhborhood Boundary Maps .
Citizen's Sample Survey by Consultant ..
1st Neighborhood Workshop Meeting
Staff Conducted Field Surveys .....
Demoqraphic Analysis ....... ... .
Economic Analysis ...
Summaries of Neighborhood Workshops
Existing Land Use Analysis .. ..,
2nd Neighborhood Workshop Meeting .
Neighborhood Redevelopment Plans ..
Physical and Environmental Factors .:.. '.
Economic Market Analysis , ...... ..,
Community Facilities "
Future Land Use Plans
Community-wide Hearing Process
Plan Adoption
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Neighborhood Boundary Map
The following map shows the boundaries of the various neighborhoods that will be used
in the series of neighborhood meetings. This map will be posted on this page prior to
January 15, 2003.
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Neighborhood Workshop Proposal
The City of Colleyville Master Planning process is designed to place an emphasis on
neighborhood involvement by providing opportunities for citizens to take an active role
in creating quality residential and commercial areas. The City of Colleyville's
neighborhood planning process involves citizens, local stakeholders, city departments,
community organizations and businesses working together to address land use
planning and service delivery issues with the goal to promote mutual responsibility and
joint problem solving. A set of neighborhood assets workshops held in February and
March were designed to actively engage residents in planning for their neighborhoods.
The city will be divided into several planning sectors to focus on the assets and the
challenges facing each neighborhood and to determine how each neighborhood fits into
the overall development of the city. The boundaries for each neighborhood will be
determined by January 15, 2003 and a map showing these boundaries will be posted on
the City's internet website.
A series of meetings will be scheduled during the early phases of the master planning
process to allow citizens in each neighborhood to become educated on community-wide
issues, identify neighborhood concerns and to offer suggestions and recommendations
to correct community and neighborhood problems. The meetings will provide an
opportunity to introduce residents to the City's master planning effort, review progress to
date, provide information on the City's neighborhood-based approach to the planning
process, and engage residents in a discussion of assets and challenges facing each of
Colleyville's neighborhoods.
Residents will be asked to identify what they want for themselves and their
neighborhood, examine assumptions about problems and opportunities facing their
neighborhood and City, define their purpose and set priorities for the future.
All residents within each particular neighborhood will receive notification of the
neighborhood meetings. Notices will also be placed in the City newsletter and on the
City's internet website to encourage citizen participation.
A minimum of two workshops will be held for each neighborhood. The first meeting will
be used to identify assets and needs. The second of the two workshops will be used to
establish priorities and to review the data obtained from the physical structure and land
use survey of the neighborhood.
Notice of the neighborhood meeting will be mailed to all residents within each
neighborhood advising them of the place and time of the planning workshop. Where
meeting space is available, neighborhood workshops will be held within each
neighborhood, but where space is not available, meetings will be scheduled at the
Colleyville Community Center or other public meeting space.
The citizens attending the meeting will be arranged into groups of fifteen to twenty
persons and given an assignment of addressing a list of community-wide issues and
identifying a list of neighborhood issues within their particular neighborhood. Each
group will be given the same assignment and a time limit to complete their assignment.
Staff and members of the Planning and Zoning Commission will attend the meetings
and be available to answer questions and provide assistance where appropriate.
Participants engaged in these exercises will be asked to identify the challenges and
assets for their neighborhood as well as discuss the needs for the community. The
assets and challenges identified by the workshop participants will be summarized and
posted on the City's internet website.
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Summary of Neighborhood Workshops
This page will be updated on a regular basis to include a written summary of the
discussions and comments received at each of the neighborhood workshops.
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Master Plan Materials and Draft Documents
During the initial phases of the master plan update, a consultant will be hired to perform
a citizen survey. Information regarding the survey and the analysis prepared by the
consultant will be posted to this page. City staff will be conducting field surveys of
existing land uses and preparing existing land use maps for each of the various
neighborhoods. Copies of these maps will also be posted on this page as each
neighborhood's map is completed and the information tabulated.
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Role of the Planning and Zoning Commission
The City Council has given the charge of directing and coordinating the preparation of
the master plan update to the Planning and Zoning Commission. The Colleyville
Planning and Zoning Commission is a seven member body appointed by the City
Council and is authorized by the City Charter to make recommendations on planning
and zoning issues, including the master plan and its revisions, to the City Council.
Members of the Planning and Zoning Commission will attend the neighborhood
meetings to obtain input directly from Colleyville's citizens.
The following is a list of the members of the Planning and Zoning Commission. The
Planning and Zoning Commission holds its regular meetings on the 2nd & 4th Mondays
at 7:00 P.M. in the City Council Chambers in City Hall located at 5400 Bransford,
Colleyville, Texas. All meetings of the Planning and Zoning Commission are open to
the public.
PLACE 1
Bruce Kelly
3001 Scarborough Lane
Colleyville, TX 76034
H: 817.545.6944/0: 817.999.9115
Fax: 817.355.1145
brucek@flash.net
Term expires: September 2004
PLACE 2
Jeffrey Byerly
7109 Pebble Hill Drive
Colleyville, Texas 76034
H: 817.329.3372/0: 817.416.4933
F: 817.410.9723
ibyerly@msn.com
Term expires: September 2004
PLACE 3
Earl Swift
207 Virginia Square
Colleyville, Texas 76034
H: 817.498.8780
qerrvswift@attbi.com
Term expires: September 2004
PLACE 4
Jeffrey Wall, Chairman
7900 Jefferson Circle
Colleyville, TX 76034
0: 817.577.0698/ H: 817.577.0698
F: 817-281-1698
iwaIl52703@aol.com
Term expires: September 2004
PLACE 5
Bob Culley
4737 Lakewood Drive
Colleyville, TX 76034
0: 817.581.56011 H: 817.656.2389
F: 817.427.0203
bob. culley@west.liggettgroup.com
Term expires: September 2003
PLACE 6
Mark Jones, Vice-Chairman
3604 Wexford Court
Colleyville, TX 76034
0: 214.801.76261 H: 817.540.1021
F: 817.540.6527
ionesma@swbell.net
Term expires: September 2003
PLACE 7
Bud Sellers
7004 Rosebrook
Colleyville, TX 76034
O/H: 817.329.19701 M: 817.371.1163
O/H: 817.329.19701 M: 817.371.1163
fdbudman@aol.com
Term expires: September 2003
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Master Planning Team and Contact Information
City Staff Members
The following City staff members will be coordinating the work efforts of the master plan
update.
Bill Lindley
City Manager
817-577-7589, x202
Iind levw@ci.collevville.tx.us
Dianne McWethy
Deputy City Manager
817-577-7589,x204
mcwethvd@ci.collevville.tx.us
J. Clayton Husband, AICP
Community Development Manager
817-577-7587, x214
husbandc@cLcollewille.tx.us
M. Barry LeBaron, AICP
Development Director
817-577-7587, x246
lebaronb@cLcollevville.tx.us
Tom Niederauer, AICP
Senior Planner
817-577-7587, x212
niederauert@cLcollevville.tx.us
Plannina Consultants
When the City of Colleyville has selected a professional planning consultant to assist on
the master plan update, the name of the firm and the primary contact person will be
listed here.
Contact Information
Anyone interested in obtaining additional information that has not been provided on this
website may contact the City of Colleyville at the following location.
City Hall
City of Colleyville
5400 Bransford
Colleyville, Texas 76034
Phone: 817-577-7587
Fax: 817-577-7564
E-mail: niederauert@ci.collevville.tx.us
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1998 Colleyville Master Plan
Give us your ideas
During the months of January and February of 2003, the City of Colleyville will employ a
professional consultant to conduct a community-wide survey of a portion of Colleyville's
citizens. The consultant will determine the sample size, perform the survey and
complete the survey analysis as a part of the master plan update. The citizen's survey
will contain questions related to livability, community development, planning and land
use issues as well as the overall vision for the City over the next twenty years. The
information obtained from this sample survey will become an important element in the
master planning process.
However, all citizens are encouraged to provide input into the development of the
master plan by printing out the attached survey form and returning it to City Hall. The
additional information obtained from this survey will also be used to help shape the
future of the community.
Tell us what you think Colleyville's future should be!