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Planning & Zoning Commission
Agenda - December 16, 2002
Page 1 of 1
Texas
AGENDA
PLANNING AND ZONING COMMISSION
City Hall - 5400 Bransford Road
Monday December 16, 2002
REGULAR MEETING:
7:00 P.M.
Call to Order:
Roll Call:
Invocation:
Chairman Wall
Commissioners Bruce Kelly, Bob Culley. Earl Swift, Jeff Byerly, Bud
Sellers, Mark Jones, Jeff Wall
Commissioner Byerly
Pledge of Allegiance
Approval of Minutes:
December 2,2002
Citizen Comments:
Regarding items not on the following agenda
1. Case Z-02-036 - PUBLIC HEARING - Special Use Permit for an Accessory Building on
Lot 11, Block 2, Highland Acres located at 305 Timberline N.
2. 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. McDonwel1 School Road
3. Case Z-02-034 TABLED ITEM - Zoning Change from AG to PUD-C Planned Unit
Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard,
north of Tarrant Lane
4. Staff comments. reports and discussion items.
5. Commissioners' comments and reports.
ADJOURNMENT
I certify that this agenda was posted on the Bulletin Board at City Hall on Friday, December 13, 2002 at 4:30 p.m.
q-- Jan Levy, Planning and Zoning Assistant
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
PLANNING & ZONING COMMISSION
Meeting Minutes - December 02, 2002
Chairman Jeffrey Wall called the regular meeting of the Planning and Zoning Commission to order
at 7:00 P.M. on December 02,2002.
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:
Chairman Swift
Pledge of Allegiance
Approval of Minutes:
November 11, 2002
Commissioner Swift moved to approve the minutes of the November 11, 2002 meeting as
corrected (strike Culley from the vote on item #5). Commissioner Culley seconded the
motion. The motion passed by unanimous acclamation.
1. Case P-02-045 - Minor Plat of Lot 3R. Block 2, Thompson Terraces, 0.4841 acres
located at 5009-5013 Thompson Terrace
Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Chairman Wall asked questions about the variance the applicant requested from the Zoning
Board of Adjustment and there was discussion about the Board's authority to approve variances
and the Commission's authority to approve plats.
Commissioner Kelly moved to approve the plat. Commissioner Swift seconded the motion.
The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
2. Case P-02-046 - Amended Plat of Lots 40-R-1 and 41-R-1 , Village at Colleyville located
at 85 and 97 Piazza Lane
Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There
were no questions by the commissioners.
Planning & Zoning Commission
Minutes - December 2, 2002
Page 1 of 8 - Draft #1
Commissioner Byerly moved to approve the plat. Commissioner Jones seconded the
motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
3. Case Z-02-034 PUBLIC HEARING - Zoning Change from AG to PUD-C Planned Unit
Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard.
north of Tarrant Lane
Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There
was discussion about the access from Colleyville Blvd. to the property and the location of the
current automotive business.
Chairman Wall opened the public hearing. Those present wishing to speak were:
Dwayne Young. 608 Sabine Court. Hurst, the applicant for the case. Commissioner Sellers asked
Mr. Young about the communications the developer had with the surrounding property owners.
Mr. Young said that in response to the communications with the residents in Ross Downs, the
developer relocated the automotive use from where it was on the original site plan to a location
farther away from the homeowners.
Commissioner Jones asked Mr. Young about the plans for the fence between the commercial
businesses and the residential areas. Mr. Young said that they will replace any existing fence with
an 8-foot wood fence and that was acceptable to the homeowners in Ross Downs.
Commissioner Sellers asked Mr. Young about the kinds of businesses he plans on locating near
the residential property. He responded that they plan on locating offices with warehouses in that
location similar to the business at 1900 & 1904 Industrial Blvd. He said they will landscape the
front of the buildings and the buildings would face toward Highway 26.
Commissioner Jones asked Mr. Young about the access to the property. Mr. Young said the
access would be off the old Ross Downs entrance and there will be a quit claim filed prior to the
plat being brought to the City for consideration. He said they will improve the area and they don't
want any existing buildings along Hwy. 26 to lose access from the old Ross Downs roadway. He
said they will improve the property where the access is located, not the entire length of the
property. Mr. Young pointed out on the overhead where they plan on having access to the
property.
Commissioner Swift asked about the proposed tenants. Mr. Young said they would keep one
automotive shop so that Hodges Automotive could continue with their business. He said the other
tenants would be similar to the businesses on Industrial Boulevard. Commissioner Swift
expressed concerns about the intersection that would be created on Highway 26 for access to the
property. He said the condition of the current roadway is dilapidated and should not be used to
Planning & Zoning Commission
Minutes - December 2, 2002
Page 2 of 8 - Draft #1
access the secondary entrance. He recommended that the applicant improve the entire roadway
along the property.
Chairman Wall said there was a letter from Bill Ingle in the packet it said they would target retail
showroom businesses and requested businesses that are allowed in CC1 & the ML districts to be
allowed. Chairman Wall said that he would like to see convenient stores and veterinarian offices
with kennels not be allowed. The applicant said it would be all right with him if they eliminated
those uses from the PUD-C. Mr. Young said they also wanted retail so that future retail tenants
would not have to get a Special Use Permit every time they wanted to locate in the center.
Jim Graham. 6616 McMakin Court, said he had issues with the original site plan and was satisfied
with the applicant relocating the proposed automotive business. He said the fencing and drainage
plans were acceptable to him due to the proposed project being located at a higher elevation and
the water will drain toward Highway 26. Mr. Graham asked if Hodges Automotive would relocate
within the development. where would they conduct business in the interim? He said the neighbors
agreed that if anything is built on the property, it would be better than the current conditions. He
said that he would like assurance the City will enforce the codes so the property does not fall into
disrepair like the businesses that are already there. He told the commissioners that the applicants
held a meeting for the residents in the area in early November and he was the only one from the
area who attended the meeting.
Antionetta Mooney, 404 Oak Valley Drive, indicated on the map that she owned the property that
is located in front of the proposed access. She said the road behind her property is not a
dedicated road and she owns % of the roadway. She said she owns the piece they want to build
an access on and she has a deed that says she owns the road. There was discussion by the
commissioners. Ms. Mooney, staff, and the applicant about the roadway.
Kenneth McEntire, 6608 Baker Court, said he lives behind Mr. Hodges business and has had
many fence problems. He said a wooden fence is not acceptable to him and with additional uses.
there will be additional problems. He said the City does not enforce the Agricultural zoning district
regulations on the property now. so he is concerned they will not enforce the regulations for other
businesses. Mr. McEntire said access to the property is a problem and a vehicle will have to
make a 180-degree left turn from the property when it exits to the south. He said this property is
significantly higher than the residential property and drainage is a problem. He suggested that a
masonry fence would help block the water.
Bill Ingle, 7510 Davis Blvd., said he did not realize that Ms. Mooney owned the property and he
spoke with Mike Foster who has a business on her property and everything was fine with Mr.
Foster. He said he will discuss their plans with Ms. Mooney and they will be surveying and
preparing easements for the entrance. He said there are other options available to them if they
need to move the entrance to the property further south on Mr. Charlie Daniels property. He said
they sent notices to the residents on Baker Court, McMakin Court and three properties on Tarrant
Parkway and only one person showed up at the informational meeting.
Mr. Ingle said they plan to build an eight-foot cedar fence with capstones. He said this will be a
$4,000,000 project and the engineering will be done at time of platting. He said there will be no
kennels and they want businesses that need a showroom in order to take care of a niche. He said
Planning & Zoning Commission
Minutes - December 2, 2002
Page 3 of 8 - Draft #1
they will rent for $12.50 to $13.00 per square foot and those kinds of businesses will generate tax
revenues for the City. Mr. I ngle answered questions by the commissioners regarding signage and
access. He said they must have a nice entrance in order to sell the development. He spoke
about the businesses at 1904 Industrial Blvd. and said the owner of those buildings plans on
developing this project.
There was no one else present wishing to speak, and Chairman Wall closed the public hearing.
Commissioner Sellers asked Fire Marshall Jeff Jones about the secondary access and the
roadway. Jeff Jones said the fire department is not opposed to the zoning and they will address
the access and roadway locations at time of platting and site plan approval.
Barry LeBaron gave background on the project and said ideally all of the surrounding properties
that face on Highway 26 should package the zoning change together, but that would not happen.
He said the commissioners should envision what the proposed development would look like and if
they would want a dedicated street up to the second entrance they need to make it known to the
developer and possibly resolve that issue at the time of zoning. He said that even though this is a
land use issue. they need to let the developer know what their expectations are so the developer
can decide if he should proceed with the project. He said those kind of issues need to be
resolved up-front. He addressed concerns about non-conforming uses in the current AG zoning.
He advised the commissioners that they need to tie down the location of the auto use within the
development. address the access locations. fire lanes. and uses.
Commissioner Kelly asked questions about the kinds of restrictions they can put into the PUD
ordinance. He said the kinds of lighting and the hours of operations for businesses within the
development needed to be addressed by the developer. Commissioner Kelly said the developer
needs to come to them with specifics so the commissioners don't have to design the project. He
said he would like to see the following issues addressed: types of lighting, especially as it affects
the homeowners at the back of the development; hours of operation; types of establishments not
allowed by eliminating the unacceptable uses in the ML and CC categories; a fence design that is
acceptable to the neighbors; access, including the intentions for a roadway and the type of
roadways to be constructed to and within the development; and the exact location of the
automotive business within the development.
Commissioner Jones said they need to encourage the developer to come back with a pro-active
approach rather than the commissioners taking a restrictive approach.
Commissioner Sellers said if they want the developer to come back at the next meeting, they
needed to give him directions. Commissioner Sellers said the drainage will be taken care of at the
time of platting. and said he felt they needed more information from the developer.
Commissioner Culley moved to table the item. Commissioner Culley withdrew his motion
and asked that the rules be suspended so that the developer's representative could speak.
Commissioner Jones seconded the motion to suspend the rules. The motion passed by
acclamation.
Planning & Zoning Commission
Minutes - December 2, 2002
Page 4 of 8 - Draft #1
Bill Ingle asked the commissioners to give him direction as to what uses they would not like to see
operate within the development. They were: building material sales with outside storage;
veterinarian office with kennels; and pawn shops.
Commissioner Culley moved to table the item. Commissioner Sellers seconded the
motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
4. Case Z-02-035 PUBLIC HEARING - 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
Clayton Husband presented the case to the commissioners and reviewed the staff briefing.
Commissioner Culley asked staff if any part of the open area is included in the detention plan.
Staff said that part of the PUD-R did not change. They said the only change on the development
was the lot that was designated for commercial use on LD. Lockett. Commissioner Culley said he
has had feedback from citizens that including detention ponds within subdivisions as open space
does not lend to recreational uses. He asked staff if that was the intent of open space within
PUD's. Staff responded that over the course of time the use has developed that way and the
implementation of the drainage policy encourages that kind of use and it is often times more
desirable to have a more passive use than an open park.
Commissioner Jones asked staff about staffs recommendation. Staff explained their position and
said that when the developer was before the City Council. there was discussion about eliminating
the commercial use entirely from the development. It was decided that the developer should
proceed with the zoning as it was presented to Council and then amend the request at a later
date.
Chairman Wall opened the public hearing. The public hearing was closed because there was no
one present wishing to speak. The developer's engineer, Joseph Rueu, Washington &
Associates, was present at the meeting and the commissioners did not have questions for him.
Commissioner Jones moved to approve the amendment to the PUD-R. Commissioner
Culley seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
5. Case Z-02-029 TABLED ITEM - Special Use Permit for an accessory building on Lot 1,
Block 3, Sunrise Terrace Addition located at 1205 Glade Road
Planning & Zoning Commission
Minutes - December 2, 2002
Page 5 of 8 - Draft #1
Commissioner Jones moved to remove the case from the table. Commissioner Swift
seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall
Noes: None
Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He
distributed e-mails he received with concerns by people who spoke at the previous meeting.
Terry Grisso. the applicant, was present to represent the case. He responded to Commissioner
Swift's comments about the garage being used only for residential purposes and said there would
be no commercial use of the garage. Mr. Grisso said the garage is smaller than the house and
there are already four metal garages in the block. He said there is a metal garage with a slanted
roof that looks like a lean-to located one block over on Oak Timbers. He said that he plans to
incorporate designs so the garage will look good.
Commissioner Swift said there is a common theme that he has heard from the neighbors and that
is the number of cars and the condition of the cars. He said the applicant mentioned that he has
two cars that are registered out-of-state and that is illegal in Texas. He discussed with the
applicant the type of driveway that is planned and the location of fencing. Mr. Grisso said he
plans on having a gravel driveway and will keep all cars inside the garage. He said there will be a
six foot fence and indicated the location on the overhead.
Commissioner Culley asked the applicant what the distance is from the proposed garage to the
neighbor's house. Mr. Grisso responded that the distance will be approximately seventy feet and
the neighbor has not responded to the notice of public hearing.
Commissioner Sellers asked Mr. Grisso if he plans on using brick facing to match the house. Mr.
Grisso displayed a picture of the proposed garage and said he may place brick on the garage in
the future.
Mr. Grisso told Chairman Wall that he planned on using gravel up to the garage and did not plan
on having a concrete apron. He said he has a gravel circular drive in front of his home. Chairman
Wall said the neighbors want assurance there won't be six vehicles in the garage plus another six
cars on the property. The applicant said he does not plan on having any outside storage.
The commissioners entered into discussion with the applicant about placing restrictions in the
ordinance to limit vehicles; building design; driveway materials, the aesthetics of a metal building;
and the need to brick a portion of the building. Commissioner Swift said he felt the following
conditions needed to be met: the applicant would pave the driveway off the main road, the garage
roof would match the house using similar shingles, the street side of the garage needs to be
bricked; the columns between the garage doors need to be bricked; the exterior walls need to be
ribbed 29 gauge panels painted to match the house; and the 8' by 8' tin shed needs to be
removed. Following discussion, Commissioner Swift moved to approve the Special Use
Permit with the following conditions:
"
the applicant will pave the driveway off the main road;
Planning & Zoning Commission
Minutes - Oecember 2, 2002
Page 6 of 8 - Draft #1
. the garage roof will match the shingles on the house;
· the street side of the garage will be bricked;
· the columns between the garage doors will be bricked;
. the exterior walls will be constructed of ribbed 29 gauge panels painted to match the
house; and
· the 8' by 8' tin shed will be removed.
Commissioner Sellers seconded the motion. The vote being:
Ayes: Kelly, Swift, Byerly, Sellers,
Noes: Culley, Jones, Wall
[Note: The motion to approve passed. The City Charter states, "no action shall be approved with
less than four (4) affirmative votes. ']
6. Staff comments, reports and discussion items:
Staff informed the commissioners that staff would be meeting on Thursday regarding the Master
Plan schedule and would advise them of upcoming meetings.
7. Commissioners' comments and reports:
Chairman Wall asked the commissioners to keep time open for Master Plan meetings.
ADJOURNMENT:
The Commission moved to adjourn the meeting at 9:10 p.m. The motion was seconded and
passed by acclamation.
Respectfully Submitted,
Jan Levy
Planning & Zoning Assistant
Planning & Zoning Commission
Minutes - December 2, 2002
Page 7 of 8 - Draft #1
Approved on:
NO TE: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available
upon request.
Planning & Zoning Commission
Minutes - December 2, 2002
Page 8 of 8 - Draft #1
coen@
Texas
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
December 16, 2002
Z-02-036 - Public Hearing - Special Use Permit for an Accessory
Building on Lot 11, Block 2, Highland Acres located at 305
Timberline N.
STAFF REVIEW COMMENTS
Carl Callaway is the owner of a house located at 305 Timberline North. The owner has
submitted a Special Use Permit (SUP) application to construct an accessory building on
the property. The owner proposes to construct a 720 square foot, single-story building on
the property. There is a 1,200 square foot detached garage already 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
Category Zoning Requirement Applicant Proposal
1. Maximum Size 1,000 sf for 0.5-0.99-acre lots 1,920 sf
2. Max. Number of Buildings 3 2
3. Side Setbacks 5 feet 10+ feet both sides
4. Rear Setback 5 feet 25 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. 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 0.88-acres in size,
or 38,479 square feet. There is an existing building on site that counts towards the total
allowed square footage. With the existing building and the proposed building, the total
square footage of accessory buildings proposed is 1,920 square feet. The applicant is
requesting a waiver of the size requirement to allow both buildings as proposed.
Drawings of the building are attached. The building, as proposed, would be constructed of
a painted metal exterior (white walls with green/gray trim). with two garage doors and one
standard door. The roof is proposed as a white metal panel roof with a 7: 12 pitch. The
overall height of the building is approximately 17 feet to the top ridge of the roof.
Agenda Item No. 1 - 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 (Highland Acres). The properties are zoned R20 Single Family
Residential.
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 $245,000. The estimated annual City property tax
revenue generated by this property is $851. 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, as the building is a private
garage for use by the residents on the premises.
7. Public Notification. Staff mailed notices t013 adjacent property owners regarding this
request. Notice was published in the Fort Worlh Star- Telegram as required by state law
and the Land Development Code. No correspondence has been received regarding
this request.
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: December 16. 2002
City Council: January 7 and January 21, 2003
Agenda Item No. 1 - Page 2
RECOMMENDATION:
Denial, due to technical non-compliance with the Land Development Code
ATTACHMENTS:
· Location and Zoning Map
· Information from Applicant
· List of Property Owners Notified
Prepared by:
Agenda Item No. 1 - Page 3
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CASE # Z-02-036 - Special Use Permit
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David Pillow
312 Timberline Street S.
Colleyville, TX 76034
Florence Gibson
309 Timberline Drive N.
Colleyville, TX 76034
Richard Larkin
308 Timberline Street S.
Colleyville, TX 76034
Carl & Barbara Callaway
305 Timberline Street N.
Colleyville, TX 76034
Lillie Parker
304 Timberline Street N.
Colleyville, TX 76034
Dorothy Osborne
301 Timberline Street N.
Colleyville, TX 76034
Terry & Robin Crunk
405 Bridlewood S.
Colleyville, TX 76034
Donald & Ann Hardage
213 Timberline Street N.
Colleyville, TX 76034
Patrick Allen
212 Timberline Street N.
Colleyville, TX 76034
B Owings & L Bargsley
312 Timberline Street N.
Colleyville, TX 76034
Charles & Wilma Thompson
308 Timberline Street N.
Colleyville, TX 76034
Jeanne Batts
304 Timberline Street N.
Colleyville, TX 76034
Fred Rushing
300 Timberline Street N.
Colleyville, TX 76034
Daniel & Lisa Collins
212 Timberline Street N.
Colleyville, TX 76034
Case Z-02-036 (Notices dated: November 25.2002)
According to the last published Tax Record, individuals who own property that is within the 200'
of the proposed special use permitJand-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
(Q.~
Tex.as
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
December 16, 2002
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
STAFF REVIEW COMMENTS
Linda and Frank Baker are the owners of 3.561 acres located on the north side of
McDonwell School Road, immediately west of Fire Station NO.3. David Bagwell. with
Broadland Limited Partnership, proposes to develop the property for single family
residential uses. Mr. Bagwell has submitted a request to change the zoning on the
property from AG Agricultural to PUD-R Planned Unit Development Residential.
The subject property is 3.561 acres in size, and is currently developed as a single family
residence with associated agricultural uses. The developer proposes to construct 8 single
family lots, with a minimum lot size of 15,134 square feet and an average lot size of 16,00
square feet. The development is proposed to be a second phase of Westcliff Addition.
The surrounding property is single-family residential in nature. Property to the south.
across McDonwell School Road. is zoned R30 Single Family Residential and is developed
as single-family residences. Property to the north is zoned PUD-R and is presently vacant,
but is proposed for development as single family residences (Westcliff Addition). Property
to the west is zoned PUD-R with a church building under construction. Property to the east
is zoned AG and is the location of Fire Station No.3.
The proposed layout shows eight residential lots. The lots are located on the east side of
Newkirk Lane. There is a 20-foot wide open space area along the east side of Newkirk
Lane between the front property line of the lots and the street right-of-way; as shown, the
lots do not have frontage on the public street. The developer is working with the LDS
church, who owns the 20-foot wide open space area. to possible purchase the open space
area or secure a blanket easement to allow the lots to front the street. While this issue has
little effect on the zoning of the property, the developer will not be able to plat the lots until
this issue is resolved.
The following is an analysis of the major issues associated with this rezoning request.
Master Plan. The Colleyville Master Plan indicates the future use of this area as single
family residential. Given the location of the property and surrounding development, it is
likely that the trend of single-family development will continue in this area.
Density. When considered as a stand-alone project, the rezoning request and the
proposed preliminary plat exceeds the recommended maximum residential density
established by the Colleyville Master Plan. The Master Plan suggests a maximum density
of 1.8 dwelling units per acre; the proposed density of this project is 2.25 dwelling units per
acre. The attached ordinance would allow the overall density of Westcliffto be calculated
Agenda Item No. 2 - Page 1
overthis phase, Westcliff Phase I and Old Grove, which generally covers the entire PUD-R
area originally approved in April 1999 (Ordinance 0-99-1153). When calculated over this
larger area. the density of the Westcliff/Old Grove project is 1.66 dwelling units per acre.
Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet, provided
the average lot size is 16,000 square feet. This particular phase of Westcliff has an
average lot size of 16.000 square feet. The proposed lots are 80 feet wide, and the PUD-R
regulations require 100 foot width. The attached ordinance establishes the required
average lot size for Westcliff Phase II at 16,000 square feet, and a minimum lot width of 80
feet. The lot sizes and widths are consistent with the approved regulations of the
Westcliff/Old Grove project area. If calculated over the Westcliff/Old Grove project area,
the average lot size is 16,003 square feet.
Open Space. The PUD-R regulations require that 20% of the land area be dedicated as
open space for the use of the residents in the development. The open space also offsets
the smaller lot sizes allowed in the PUD-R. This phase of the project provides 27,120
square feet of open space, which is 17.5% of the residential project area. When viewed
within the limits of the overall project, the total open space provided in the Westcliff/Old
Grove project area is 24.95 acres, or 24.3% of the total development.
Preliminary Plat. The zoning exhibit for this request is considered a preliminary plat. The
preliminary plat review included general plans for streets, water, sewer and drainage.
There are no significant issues outstanding with these items.
Sidewalks and Trails. The attached ordinance will require the developer to construct a 5-
foot wide sidewalk adjacent to the north side of McDonwell School Road. The ordinance
also allows the developer to escrow money in lieu of construction or construct a 10-foot
wide trail at this location.
The LDS church is responsible for the construction of a 1 O-foot wide hike and bike trail on
the east side of Newkirk Lane. If the open space area is incorporated in the residential
lots. the hike and bike trail should be built when the house is constructed on the lot.
SPECIAL CONDITIONS
As part of the application, the developer submitted a proposed set of special conditions for
the project. The conditions ultimately become part of the PUD-R ordinance for the
property, as do any conditions required by the Planning and Zoning Commission or City
Council. A copy of the proposed conditions from the developer is attached.
The attached draft ordinance incorporates many of the special conditions, but does not
include all conditions. There are several conditions that are inappropriate for a zoning
ordinance or are not necessary as they are already covered by the Land Development
Code. The developer has requested that only the special conditions be included in the
ordinance as originally submitted.
The following are comments on the conditions not included in the draft ordinance. The
developer requests that these conditions be included in the ordinance. The language
proposed by the developer is noted in italics.
Agenda Item No. 2 - Page 2
Plattinq & Phasinq
This development shall be subject to all impact fees as of the date of approval hereof,
unless those impact fees have been reduced at the time they are due for this
development.
Language related to impact fees is not included in the ordinance as this item is
already covered by the Land Development Code. Impact fees are assessed as of
the date of approval of the final plat, as required by the Land Development Code
and state statutes.
Streets and Sidewalks
No sidewalks shall be required for lots within this development, except as provided
below.
Inclusion of language not requiring sidewalks depends upon the resolution of the
access for the lots and whether each lot owner would be required to construct the
sidewalk/trail on the individual lot.
The owner of the most southern lot in Westcliff Phase /I shall build said sidewalk to the
extent practical without any curve within the trail right-of-way that parallels McDonwell
School Road prior to occupancy of a house thereon according to specifications
provided in the Land Development Code as of the date of approval hereof.
The original paragraph included requirements for construction of a 5-foot wide
sidewalk on McDonwell School Road. and is included in the ordinance with the
exception of the above sentence. Since Lot 8 (the most southern lot) does not have
frontage on McDonwell School Road due to the open space lot, the sidewalk should
be constructed as part of the public improvements to the property. See Section 6 of
the attached ordinance.
Drainaqe
At the developer's election, pursuant to a grading plan acceptable to the City's
Engineer, only one side-yard swale between and behind lots may be utilized for lot
drainage; retaining wall construction, lot benching and drainage swale construction
shall not be the responsibility of the developer but shall be the responsibility of builders
on individual lots and shall not be required of the developer for City acceptance of
public improvements.
This section is not included in the ordinance. Lot grading and lot drainage is a
builder issue and should be addressed at the time the houses are constructed on
the lots.
Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer
across two lots contiguous with one another and adjacent to the lot(s) where drainage
begins, i.e., drainage shall be allowed from the drainage source lot(s) across two other
lots which are adjacent one to the other.
Agenda Item No. 2 - Page 3
This section is not included in the ordinance. The City's drainage standards do not
allow lot-to-Iot drainage to cross more than one lot before the water enters a
permanent structure or street right-of-way.
Water and Sanitary Sewer
No water or sewer extensions are required to be made to adjacent property.
This section is not included in the ordinance. The looping of water lines or access
to facilities may need to take place on adjacent property. Paragraph lib" of this
section suggests that off-site construction may be necessary. and this provision
would conflict with that paragraph.
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 generally developed, with a
mix of traditional neighborhoods and some single-family residences located on large
acreage tracts. There is a church under construction to the west, and an existing fire
station is located to the east.
3. Development Trends. The development trends in this area primarily focus on single
family development.
4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-
of-way. The developer is responsible for the extension of water and sewer service lines
to the individual lots.
5. Property Taxes. According to information available from the Tarrant Appraisal District,
the parcels that make up the 3.561-acre tract are valued at $125,400. The estimated
City property tax revenue for the undeveloped property is $435 annually. The future
property tax revenue would depend upon the value of each individual lot and the value
of the house built on the lot.
6. Sales Taxes. The project will not directly generate sales tax revenue. The addition of
seven new houses could indirectly have an impact on sales tax revenue due to new
residents shopping in Colleyville.
7. 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. Based on this average. the seven proposed residences would add 67
vehicle trips per day to the surrounding roadways.
Agenda Item No. 2 - Page 4
8. Public Notification. Staff mailed notices to 8 adjacent property owners regarding this
request. Notice was published in the Fort Worth Star-Telegram as required by state law
and the Land Development Code. No correspondence has been received regarding
this request.
SUMMARY
The proposed development contains less than four acres of proposed single family
development, and is intended to be a phase in the overall Westcliff/Old Grove subdivision.
Though the stand-alone project does not meet all the technical requirements of the PUD-R
district, the project is consistent with the standards and requirements of the overall
Westcliff/Old Grove project. It is staff's opinion that Westcliff Phase II should be evaluated
as a part of the overall project. Given the existing conditions and configuration of the
property, development alternatives are limited. The developer has made a good faith effort
to design this project in a consistent manner with the surrounding larger development.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: December 16. 2002
City Council: January 7 and January 21, 2003
RECOMMENDATION:
Approval
ATTACHMENTS:
· Location and Zoning Map
· Zoning Exhibit
· Information from Applicant
· List of Property Owners Notified
· DRC Review Memorandum
· Developer Correspondence
· Draft Ordinance
Prepared by:
~
Agenda Item No. 2 - Page 5
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WESTCLIFF PHASE II
PUD-R ZONING REQUEST: Spedal Conditions
1. PERMITTED USES
The PUD-R shall have two (2) land uses as indicated on the Zoning Exhibit:
a. Single family dwelling units
b. Open space
2. PLAmNG & PHASING
a. The conceptual site plan attached as Exhibit "c" shall be considered the preliminary
plat. When presented, a final plat generally consistent with Exhibit "C" shall be approved,
provided that it meets the requirements of the land Development Code that were in effect
at the time of approval hereof and have not been modified herein. In the event of
conflict between the Special Conditions of this PUD-R zoning and the COlleyville Land
Development Code, the Special Conditions of this PUD-R zoning shall prevail. At the
option of the applicant for final plat approval, the lot and open space configuration of the
final plat may differ from that shown on the preliminary plat, except that there may be no
more than eight (8) lots, the width of lots may not be less than eighty feet (80') at the
front building line, the average lot depth of all lots shall not be less than 140 feet, all lots
shall face to the west or the northwest, and the north-south dimension of the open space
the parallels McDonwell School Road (the trail right-of-way) shall not be less than twenty
feet (20').
b. This development shall be subject to all impact fees as of the date of approval hereof,
unless those impact fees have been reduced at the time they are due for this
development.
3. DENSITY
The average residential density is permitted to be 1.8 dwelling units per acre over the
combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II.
4. STREETS AND SIDEWALKS
a. No sidewalks shall be required for lots within this development, except as provided
below.
b. The provisions of the Colleyville Pathways Plan shall apply to Westcliff Phase II only
with respect to a five foot (5') wide sidewalk parallel to McOonwell School Road extending
the width of Westdiff Phase II from east to west. The owner of the most southern lot in
Westcliff Phase II shall build said sidewalk to the extent practical without any curve within
the trial right-of-way that parallels McDonwell School Road prior to occupancy of a house
thereon according to specifications provided in the Land Development Code as of the date
of approval hereof. Or, prior thereto, at the option of the developer, a concrete trail ten
feet (10') wide may be built by developer in lieu of said sidewalk, provided that it connects
(or will connect) at each end to a trail of the same width and otherwise complies with the
spedfications for concrete trails in the Colleyville Pathways Plan as of the date of approval
hereof.
5. DRAINAGE
a. All drainage facilities shall be designed and constructed in accordance with the Land
Development Code.
b. It shall not be the responsibility of the developer to improve any off-site drainage
structures or any other public facilities.
c. At developer's election, pursuant to a grading plan acceptable to the City's Engineer,
only one side-yard swale between and behind lots may be utilized for lot drainage;
retaining wall construction, lot benching and drainage swale construction shall not be the
responsibility of the developer but shall be the responsibility of builders on individual lots
and shall not be required of the developer for City acceptance of public improvements.
d. Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer
across two lots contiguous with one another and adjacent to the lot(s) where drainage
begins, i.e. drainage shall be allowed from the drainage source lot(s) across two other lots
which are adjacent one to the other.
e. Drainage from portions of the development is pennitted to sheet flow from west to
east onto City property.
6. WATER AND SANITARY SEWER
a. No water or sewer extensions are required to be made to adjacent property.
b. If sanitary sewer installation to serve the development is necessary across City
property, the City shall cooperate in all regards, provided that no less than twenty feet
(20') of the drive surface of any street or driveway pavement shall be left passable at all
times during sanitary sewer connection.
7. LOT REQUIREMENTS AND SETBACKS
a. All lot dimensions and building setback lines shall be in accordance with the Colleyville
Zoning Regulations and Subdivision Regulations, except where amended by this ordinance,
including all exhibits hereto.
b. The minimum lot size shall be 13,000 square feet. The average lot size of all
residential lots shall not be less than 16,000 square feet over the combined acreage of
Westcliff Phase I, Old Grove and Westcliff Phase II.
c. Open space, including any trail rights-of-way, shall not be less than twenty percent
(200/0) over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II.
WESTCUFF PHASE D
PUD-R ZONING REQUEST: Statement of Planning Objectives &.
Statement of Utilities to be Provided
I. PLANNING OBJEcnYES
The size and dimensions of the Westcliff Phase n property and its relationship to
surrounding land suggests both PUD-R zoning and the Special Conditions proposed,
namely:
1. flexibility within the City's PUD-R to create different lot sizes which meet
the demands of the housing market and accommodate conditions of the
site, e.g. the site is too narrow east to west for a conventional 20,000 s.f.
development with lots on either side of a double loaded street, and
provisions for vehicular traffic require compromise in lot size and dimensions
to produce buildable lots in an attractive neighborhood environment;
2. provision of trail right-of-way along McDonwell School is accommodated by
PUD-R zoning;
3. the 27 acre McPherson Park site adjacent to the property imposes
significant burdens on the Westcliff Phase n land, e.g. vehicular traffic to
and from the City's maintenance facility along the lane behind (east of) the
lots.
Therefore, the applicant seeks resolution of basic economic and planning issues for
the Westmont Phase II property, such as improvements required, lot size, lot
dimensions and maximum number of units allowable.
The Westcliff Phase II zoning request has been tailored to fit the City's PUD-R
ordinance and PUD-R zoning previously approved for Westcliff Phase I and Old Grove.
The applicant anticipates that in deliberating its zoning request the community will
thoughtfully consider alternative uses and configurations of the property.
II. UTILIl1ES TO BE PROVIDED
Utilities necessary for the development will be provided from adjacent or nearby
sources of water and sanitary sewer.
Church of Jesus Christ LDS
50 E. North Temple, FL 12
Salt Lake City, UT 84150
David Dacke
321 W. McDonwell School Road
Colleyville, TX 76034
Henry Wells
413 W. McDonwell School Road
Colleyville, TX 76034
Glenwood Heights Dev. Corp
8222 Douglas Ave., Ste 605
Dallas, TX 75225
Andrew Brownlow
317 W. McDonwell School Road
Colleyville, TX 76034
Frank & Linda Baker, III
404 W. McDonwell School Road
Colleyville, TX 76034
City of Colleyville
Stephen & Beatriz Byers
P.O. Box 532
Colleyville, TX 76034
Broadland Limited Partnership
8222 Douglas Avenue, Ste. 605
Dallas, TX 75225
Case Z-02-028 (Notices dated: November 26,2002)
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.
Jan LeVy~
Planning ~aoning Assistant
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE December 2, 2002
FAX TO Eddie Eckert, PE <?> David Bagwell ~ Linda & Frank Baker
FAX NO 817-446-3116 <?> 214-369-7740 ~ via mail
FROM Clayton Husband, AICP, Community Development Manager
SUBJECT Z-02-028 AG to PUDR - WestcliffPhase II (resubmittal)
The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and
zoning change request submitted to this office. The following comments are for your
consideration.
ZONING EXHIBIT DRAWING
1. The residential lots in the proposed development do not have frontage on Newkirk Lane due
to the open space lot adjacent to the road. How will the lots be provided access and frontage
on the street? Will the open space lot be eliminated and the property incorporated into the
residential lots?
2. Provide a dimension for the width of the open space lot (Lot 8X) on the east side of the
property.
3. The right-of-way for McDonwell School Road needs to be verified when the final plat is
submitted. Tie down the existing right-of-way with monuments on the opposite side of the
street. The required right-of-way established for this roadway by Master Thoroughfare Plan is
75 feet. The required right-of-way dedication along the frontage of the property is 37.5-feet
from the centerline ofthe existing right-of-way.
PROPOSED SPECIAL CONDITIONS
The following comments from the DRC address the Special Conditions proposed by the applicant.
A proposed ordinance is attached, which incorporates most of these provisions. The language in
the ordinance mayor may not be the same as proposed due to the use of standard ordinance
language and reorganization of several items.
Any suggested changes to the ordinance by the developer will be noted in the briefing to the
Planning and Zoning Commission and City Council. The developer response letter should
indicate the suggested changes to the ordinance. The developer may request that the Planning and
P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587
DEVELOPMENT REVIEW COMMITTEE
Z-02-D28 WESTCLlFF II PUD-R
Zoning Commission and City Council include any or all proposed special conditions in the
ordinance.
Permitted Uses.
The uses indicated are included in the ordinance.
Platting & Phasing.
a. Generally included in the ordinance. The second sentence is covered in the general
statement in Section 1. Lot requirements and setbacks are included in Section 3.
b. Language related to impact fees is not included in the ordinance as this item is already
covered by the Land Development Code. Impact fees are assessed as of the date of approval
ofthe final plat, as required by the Land Development Code.
Density
Language is included in the ordinance in section 5.
Streets and Sidewalks
a. Inclusion of language not requiring sidewalks depends upon the resolution of the access for
the lots and whether each lot owner would be required to construct the sidewalk/trail on the
individual lot.
b. This language is included in the ordinance, with the exception of the party required to
construct the sidewalk. Since Lot 8 does not have frontage on McDonwell School Road due
to the open space lot, the sidewalk should be constructed as part of the public improvements to
the property. See Section 6 of the attached ordinance. The language is the same as initially
proposed by the developer in this zoning case.
Drainage
a. Included in the ordinance.
b. Included in the ordinance. Specific plans for drainage improvements have not been
submitted or reviewed. These plans should be designed so that the improvement of off-site
areas is not required.
c. Not included in the ordinance. This issue is a builder issue and should be addressed at the
time the houses are constructed on the lots.
d. Not included in the ordinance. The City's drainage standards do not allow lot-to-lot
drainage to cross more than one lot before the water enters a permanent structure or street
right-of-way. See Section l4.l4.M of the Land Development Code.
e. Included in the ordinance.
PAGE 2 OF 4
DEVELOPMENT REVIEW COMMITTEE
Z-02-028 WEsTCLlFF II PUD-R
Water and Sanitary Sewer
a. Not included in the ordinance. The looping of water lines or access to facilities may need
to take place on adjacent property. Paragraph "b" of this section suggests that off-site
construction may be necessary, and this provision would conflict with that paragraph.
b. Included in the ordinance with modified language.
Lot Requirements and Setbacks
a. A general statement is included in the ordinance. See Section 1.
b. Included in the ordinance. See Section 3.
c. Included in the ordinance. See Section 4.
TREE PRESERVATION
1. Trees not located within the right-of-way must be preserved during the construction of the
subdivision. Before construction begins on the site, protective fencing must be installed
around all preserved trees located outside the right-of-way. The fencing must be located at the
dripline of the preserved trees. The protective fencing may be comprised of orange vinyl
construction fencing, chain link fence or other similar fencing with a four-foot (4')
approximate height. The fencing must remain in place during the entire construction period.
OTHER INFORMATION
1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on 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
$1,589 per dwelling unit for SINGLE FAMILY uses. 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 l-inch meter. Actual fee depends on water meter size and/or if a new meter
is installed.
WATER
SEWER
2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are
required for this property since McDomvell School Road is considered an unimproved street
and the plat contains more than one residential lot. The owner is required to construct one-half
of the streets adjacent to this property, or provide an equivalent amount of cash escrow for
future improvement by the City. An estimate of the cash escrow amount can be provided by
the Engineering Department upon request. The response letter to these comments shall
indicate the developer's initial intention of construction or escrow regarding these streets.
PAGE 3 OF 4
DEVELOPMENT REVIEW COMMITTEE
Z-02-o28 WEsTCLlFF II PUD-R
3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the
subdivision plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of
parkland dedication fees will be provided upon the review of the final plat.
4. SIDEWALKS. The Land Development Code requires sidewalks along all interior streets. The
internal sidewalks must be installed when any new residence is constructed on the property.
5. HIKE AND BIKE TRAILS - COLLEYVILLE PATHWAYS PLAN. The Colleyville Pathways Plan and
Land Development Code require the construction of a 5-foot wide sidewalk along McDonwell
School Road. This sidewalk must be constructed as part of the public improvements for this
property as it is not adjacent to a residential lot. It is the DRC's understanding that the
construction of the hike and bike trail adjacent to Lots 1 and 2 and open space lot IX will be a
part of the WestcliffI development, pursuant to a City-Developer Agreement under discussion
by the City Council. Please advise if this is correct.
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, December 16,2002,7:00 p.m.
Tuesday, January 07 and January 21,2003,7:30 p.m.
RESUBMITTAL REQUIREMENTS
A marked-up print is available for pickup in the Community Development Department offices.
Once you have completed the changes to the drawing, please submit the following to our offices:
· a written letter addressing each comment stating the comment has been addressed or offering
reasons why the requirement should be modified or waived
· 22 folded copies ofthe revised Zoning Exhibit drawing
· one 8Y/' x 11" reduced copy of the revised exhibit
The revised drawings must be submitted no later than Wednesday, December 11,2002 in order to
make the scheduled hearings. Please contact me at husbandc(a;ci.colleyville.tx.us or 817-577-
7587 if you have any questions.
c: ENGINEERING DEPT
FIRE DEPARTMENT
BUILDING INSPECTION
PUBLIC WORKS
ECONOMIC DEVELOPMENT
CITY MANAGER'S OFFICE
PAGE40F4
Tuesday, December 03, 20021 :08 PM
Dale Crane 817.251.9077
p.01
Broadland Limited Partnership
8222 Douglas Ave., #605
Dallas, Texn'l 75225
TO: Mr. Clayton Husband, AlCP
COllununity Development Manager
City of Colleyville
via fax #817-577-7564
FROM: Dale Crane (direct line 817.481.3052; fax 817.251.9077)
DATE: December 3,2003
RE: 2-02-028 AO to PUD-R-WestcliffPhase II (re-submittal)
Clayton: Tlu'l memo is intended to address the DRe's question about access to the propo!;cd lot!! and
frontage on Newkirk Lane.
The twenty foot ~1rip of open space land along the ell~1 side of Newkirk is presently owned by the LDS
Church. I have had di!;ClHisions with Church representativeR, both local and in Arizona, about this situation.
Ollr proposal has been forwarded to the appropriate official at the Cll\lrch's headquarters in Salt Lake City.
I hope to have a re!;olution ofthi~ issue by the December 16, 2002, meeting of the P&Z, but the decision-
milking apparat\l~ of the Ch\lroh may take longer than I antioipate.
In discussing this with the Church. we have sugge!o1ed obtaining either fee title to the strip or an easement
allowing for the pla(;ement of driveways. If we obtain title to the !o1rip, it could be in(;orporated into the
residential lots, or it (;QuId possibly be maintained as open space, with an easement for driveways. Do you
have a preference?
I will keep you infonued of the progress with the Church. Please let me know if YO\l have any questions or
sLlggc:l>1ioll!.l.
cc: D. Bagwell, via fax
cc: E. Eckart, via fax #817-446-3116
cc: Linda &. Trip Baker via US mail
12/05/2002 15:48
8172749724
HILL GILSTRAP
PAGE 02/03
HILL GILSTRAP
.. PROFESSIONAl.. CO""ORA'I',ON
ATTORNEYS AT ~AW
NOAHl!. WEBSTER
'.00 W~$T A8AAM STREET
ARLINGTON. TEXAS 760 1:3
TEL 617.261'Z222
FAX S17'Z"4-l!l,.24
C~ICAGO
::;u,,.E 1050
303 WEST MAD _SON
CHICAClO. U...I..INOll!l 0506005
" I z.",,s~2Q:!O
L.rrr~E ROCK
~t I INFORMATION WAY
SUITE 2.00
l.rrn..E: ROCK. ARKANSAS 7:1.2.02
SO I .0:;03-&000
December S, 2002
Via Facsimile (817) 577-7555
Mr. Bill Lindley
5400 Bransford Road
Colleyville, TX 76034
Re: Zoning Case Z-02-028 AG2PUDR - WestcliffPhase 2 (resubmittal)
Dear Mr_ Lindley:
On behalf of our clients, Broadland Limited Partnership, the applicants in the afore-
referenced matter, we would voice our objection concerning the City's procedure in submitting
our request for rezoning to the Planning and Zoning Commission and to the City CounciL
Specifically, planning staff has informed our clients that it intends to submit an. ordinance to the
Planning and Zoning Commission and the City Council concerning this request that has not been
sought by the applicant, and further contains matters to which the applicant has not and will not
agree.
Specifically, in reviewing the fourth paragraph of ~3.23.b of the Land Development Code
of the City ofColleyville, it is apparent that requests for zoning to plan unit developments are to
be initiated by property owners and are not intended to be initiated by the City or City staff. In
accordance with those provisions it is our belief that while the City Council may deny a
landowner's request for PUD zoning on his property, the City Council may not impose as a part
of an ordinance provisions to which the owner of the property does not agree and which he has
not requested.
As has occurred in the past, a request for PUD has been submitted, however, City staff
drafts an ordinance incorporating its recommendations. We believe the more appropriate
approach would be to present the ordinance exactly as requested by the applieant. If any changes
to that request are required by the City Council that the applicant does not accept, the City
Council should either approve such ordinance as requested by the applicant without change or
deny it. However, the City Council should not approve an ordinance not proposed by the
applicant.
12/05/2002 15:48
8172749724
HILL GILSTRAP
PAGE 03/03
Mr. Bill Lindley
December 5. 2002 - PaRe 2
Thank you for your consideration in this matter.
Sincerely,
7J-J2lJJ-JC
Ned Webster
NEW/ar
c. Colleyville Planning Department (817) 577-7564
DAVITD JBAG'VELL
C 0 .0'Y~ lP ANY
December 6, 2002
Clayton Husband, AICP
Development Coordinator
City of CoUeyvHfe
P.O. Box 185
CotfeyviUe, TX 76034
Dear Clayton:
With respect to Z-02-028 AG to PUDR - WestcJjff Phase n (resubmjttaJ), I beJieve my
partner Dale Crane has responded to item 1. of the ORe comments regardjng the Zoning
Exhibit Drawing, and I beUeve Eddie Eckart has responded to various technical questions
raised. In addition, my attorney Ned Webster has been in touch with the Oty Manager
about what we beUeve is the highly objectionable legal error colllfTlitted by the Oty Staff
rewriting our PUDR zoning request to suit the Oty Staffs preferences, while advising us
that we may request the P & Z and Coundl to approve instead what we requested to
begin with*. Whether, as we believe, the Oty Staff errs legally in usurping our zoning
application rights, we want our zoning application to be voted up or down rather than
zoning we didn't request -- and can't use -- being voted on.
I am writing you about the only other ORe issue that I understand requires a response,
which is that jf our zon.ing app1ication is approved, we intend to construct the portion of
McDonwel1 Schoo1 Road that CoUeyvUJe's ordinances require rather than escrow money for
the same purpose.
Please let me know jf you need anything further from us in these regards.
(
cc: Eddie Eckart, P.E.
* wrhe developer may request that the Planning and Zoning Commission and Oty CounCIl
include any or aU proposed special conditions in the ordinance."
COM:v1lNITY DEVELOPMENT
8222 DO[JGL^.s AVE.
SUITE 605
[)ALL~5. TEXA' 75225
214 368-7711
~,'IETE() 817 540-5500
FAX 214 368-7740
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 A 3.561 ACRE
TRACT OF LAND OUT OF THE D.J. BEDDO SURVEY, ABSTRACT 232, FROM
THE AG AGRICULTURAL DISTRICT TO THE PUD-R PLANNED UNIT
DEVELOPMENT RESIDENTIAL 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 Broadland Limited
Partnership for Linda and Frank Baker on October 11, 2002, under Case
No. Z-02-028; 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 by
metes and bounds description attached as Exhibit "B", by changing
the zoning of said property from the AG Agricultural district to the
PUD-R Planned Unit Development Residential district, as shown on
the attached Exhibit "C", including any other conditions and
restrictions imposed and approved by the City Council, which are
incorporated herein.
Sec. 2.
THAT the PUD-R shall be subject to the following conditions:
1 . GENERAL
a. The purpose of the PUD-R area is for single-family residential
development.
Ordinance 0-02-xxxx
Page 2 of 4
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
a. Single family residences, detached
b. Open space
3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
a. Residential lot requirements and setbacks shall comply with the
following provisions:
(1) Minimum Lot Size
(2) Minimum Lot Width
(3) Minimum Lot Depth
(4) Front Building Line
(5) Side Building Line
(6) Rear Building Line
13,000 square feet
80 feet
120 feet
25 feet
1 0 feet
25 feet
b. The average lot size 16,000 square feet and shall be calculated
over the combined acreage of Westcliff Phase I, Old Grove,
and Westcliff Phase II.
4. OPEN SPACE
a. The PUD-R area shall provide a minimum of twenty percent
(20%) of the residential project area as common open space for
the leisure and recreational use of the development's residents.
The open space shall be calculated over the combined acreage
of Westcliff Phase I, Old Grove, and Westcliff Phase II. The
open space shall comply with the provisions contained in the
Land Development Code.
b. The common open space may be utilized for storm water
detention purposes.
5. CONCEPTUAL SITE PLANS AND PLATTING
a. The residential lot layout of the PUD-R area shall be generally
consistent with the conceptual site plan attached as Exhibit "C",
which shall be considered the preliminary plat. The actual street
and lot arrangement may differ from that shown on Exhibit "C" to
accommodate physical, topographic, drainage or other
conditions.
Ordinance 0-02-xxxx
Page 3 of 4
b. Prior to the issuance of any development permits on the subject
property and as a condition to the development of the subject
property, the developer shall obtain approval of a final plat of the
property in accordance with the procedures and requirements of
the Colleyville Land Development Code. In approving the final
plat, the approving body shall exercise reasonable discretion
with respect to changes from the Preliminary Plat in roadway
design, lot sizes, lot shape, building line, setback lines, open
space and all other aspects of the plat.
c. The average residential density is permitted to be 1.8 dwelling
units per acre over the combined acreage of Westcliff Phase I,
Old Grove, and Westcliff Phase II.
6. STREETS AND SIDEWALKS
a. The provisions of the Colleyville Pathways Plan shall apply to
Westcliff Phase II only with respect to a five-foot (5') wide
sidewalk parallel to McDonwell School Road, extending the
width of Westcliff Phase II from east to west. The developer
shall construct the sidewalk in a twenty-foot (20') wide trail right-
of-way adjacent to the north right-of-way line of McDonwell
School Road. The developer may escrow with the City an
amount of money acceptable to the Director of Public Works for
the construction of said five-foot (5') wide sidewalk in lieu of
actual construction. The developer may construct, in lieu of said
sidewalk, a ten-foot (10') wide hike and bike trail at the same
location, provided the trail connects to a trail of the same width
at each end.
b. Each homebuilder shall construct sidewalks along lot frontages.
All sidewalks shall be constructed in accordance with the
requirements of the Colleyville Land Development Code.
7. DRAINAGE
a. All drainage facilities shall be designed and constructed in
accordance with the requirements of the Land Development
Code.
b. It shall not be the responsibility of the developer to improve any
off-site drainage structures or any other public facilities.
c. Drainage from portions of the development is permitted to sheet
flow from west to east onto City property.
8. OTHER
a. If sanitary sewer installation to serve the development is
necessary across City property, a minimum of twenty (20) feet
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Ordinance 0-02-xxxx
Page 4 of 4
of the drive surface of any street or driveway pavement shall
remain passable to vehicles at all times during sanitary sewer
construction.
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.
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.
THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2003.
day of
The second reading and public hearing being conducted on the
2003.
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
CC&0
Texas
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
December 16, 2002
Z-02-034 - Public Hearing - Zoning Change from AG to PUD-C
Planned Unit Development Commercial on 4.268 acres located on
the east side of Colleyville Boulevard, north of Tarrant Lane
UPDATE
The Planning and Zoning Commission tabled this item at the December 2,2002, meeting,
and directed the applicant to address several concerns brought up at the meeting. The
concerns included lighting adjacent to residences, hours of operation of proposed
businesses, spec;ific types of businesses that would not be included in the development,
fence design, access and driveway design, and the location of the automotive use within
the development.
Staff has met with the applicant on several of these issues. The following is a summary of
the meeting.
a. The app!ica.~t has a proposed fence design and is se.eking a written approval of the
design from the affected property owners. When the final design is agreed to, the
specifications will be added to the ordinance for this property.
b. The applicant has agreed to require that the lights On the building be shielded and
designed to direct the light downward and away from adjacent residential
properties. This requirement is included in the attached ordinance.
c. The applicant has met with the adjacent commercial property owners to discuss
issues re~ated to the abandoned roadway, and further information will be provided
by the applicant at the meeting. The applicant is developing quitclaim deeds to
record wiJ:h the Tarrant County Clerk to establish ownership of the abandoned
roadway. A: meeting with the Fire Department is also planned to discuss fire
access issues for this development.
STAFF REVIEW COMMENTS -12/02/02
Schwob Construction Corporation is the owner of 4.268 acres located near the northeast
corner of Colleyville Boulevard and an abandoned road known as Ross Downs Road.
John Altman has the property under contract to purchase and develop. The applicant has
submitted a request to change the zoning on the property from AG Agricultural to PUD-C
Planned Unit Development Commercial. The owner proposes to develop the property for
office, retail/commercial and office-warehouse uses.
The property is generally triangular in shape. There is an existing auto repair facility and
several smaller buildings on the property. The property abuts a single-family residential
Agenda Item No. 3 - Page 1
area to the east, and industrial property on the other sides. The property is landlocked and
does not have direct access to a public street.
The following is an analysis of the major issues associated with this rezoning request.
Land Uses. The applicant proposes that the uses allowed in the CC1 and ML zoning
districts be allowed by right. Any use requiring a Special Use Permit in either district wou Id
still require the Special Use Permit. The applicant also proposes an automotive repair and
service facility as a use by right.
Access. The property is accessed from Ross Downs Road, which was abandoned by the
Commissioners Court in 1936. Access to the property is the most significant issue related
to the development of this property, as this property does not have frontage on a public
right-of-way. On the advice of their attorney, a quitclaim deed will be recorded and the old
roadway be divided between the adjacent property owners on both sides of the abandoned
street. When a plat is submitted for this property, half of the road will be incorporated in to
the lot, giving the property enough frontage on Colleyville Boulevard to provide a drive
approach for the project. A copy of the attorney's letter is attached.
RoadlAccess Improvements. Some improvements to the abandoned roadway may be
required upon development of the property. If the road were not constructed as a public
street, the pavement would need to be improved to at least a fire lane construction
standard. A fire lane must be at least 24-feet wide and provide a concrete or asphalt
paved surface. An access easement and drainage and utility easement must also be
dedicated to provide vehicle and utility access to the property.
Landscaping and Buffers. At least 20% of the land area must be maintained as a
landscaped area, as required by the Land Development Code. The zoning exhibit appears
to satisfy this standard. However, detailed review for compliance with this requirement
would take place during the site pia,., and landscape plan review stage. The de.velopment
is also required to provide a 20-foot wide landscaped buffer adjacent to all single-family
areas. The buffer area must include evergreen plan materials planted on 6-foot centers for
the entire length of the buffer area.
Fencing. The applicant proposes to construct an 8-foot tall cedar fence with cap along the
common property line with the single family residential area.
Subdivision Plat. The zoning exhibit for this request is not considered a subdivision plat.
The exhibit is a conceptual layout only, and the developer will be required to submit a plat if
the zoning change is approved. The subdivision plat review will give the City the
opportunity to review specific plans for streets, water, sewer and drainage.
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 retail and commercial area.
2. Surrounding Properties. The properties to the north and west are developed as
commercial uses and are zoned ML Light Manufacturing. Property to the south is also
zoned ML Light Manufacturing, and one lot is developed as a self-storage facility.
Agenda Item No. 3 - Page 2
..
Property to the east is zoned PUD-R and is developed as single-family residences
(Ross Downs Estates).
3. Development Trends. The area is experiencing some new development northwest of
this site along Colleyville Boulevard. A new dentist office has opened at the corner of
Tennison Parkway, and a photo studio and interior design studio are under
construction. It is possible that the area could experience redevelopment in the future
when improvements to Colleyville Boulevard are complete.
4. Infrastructure. The developer is responsible for the extension of water and sanita ry
sewer services to the project. Some utilities are available in the area.
5. Property Taxes. According to information available from the Tarrant Appraisal District,
the land and house is appraised at $254,130. The estimated annual City property tax
revenue generated by this property is $883.
6. Sales Taxes. Office and warehouse operations typically do not generate sales tax
revenue. It is possible that some uses will generate sales tax depending upon the
specific type of business.
7. Traffic Generation. The Institute of Transportation Engineers (ITE) publication Trip
Generation provides estimates of expected traffic generation based on land use.
Business parks typically consist of buildings occupied by offices, commercial uses,
industrial uses and warehouses. During the 1980's and 1990's, ITE studied business
parks around the country, mostly in the San Diego area. On average, a business park
generated 12.76 trips per 1,000 square feet Gross Floor Area and 149.79 trips per
acre. Based on these averages and the size of the buildings and lot, this development
could generate 639 to 664 trips per day. The following table shows the recent traffic
counts for Colleyville Boulevard during a 24-hour period.
Location 24-Hour Total Date
Tinker Road intersection 30,366 vehicles 2001 /2002
John McCain intersection 43,625 vehicles 2001 / 2002
8. Public Notification. Staff mailed notices to 33 adjacent property owners regarding this
request. Notice was published in the Fort Worth Star- Telegram as required by state law
and the Land Development Code. No correspondence has been received regarding
this request.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: December 2,2002
City Council: December 17, 2002 and January 7,2003
RECOMMENDATION:
Approval
Agenda Item No. 3 - Page 3
ATTACHMENTS:
Location and Zoning Map
· I nformation from Applicant
ORC Review Memorandum
Applicant Response to ORC
List of Property Owners Notified
· Draft Ordinance
Prepared by:
~~
Agenda Item No. 3 - Page 4
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October 30, 2002
Dear Neighbors,
My name is William Ingle, a commercial real estate agent actively working in the
Colleyville Market. I represent John Altman, a real estate investor who owns
"Colleyville Tech and Business Center" at 1900 and 1904 Industrial Blvd in
Colleyville. Currently, Mr. Altman has a 4.268-acre tract at the intersection of the
abandoned Ross Downs Road and Colleyville Blvd., which backs up to McMakin
Ct. and Baker Ct. in the Ross Downs Estates II subdivision, under contract with
plans for a mixed-use development - "Colleyville Tech and Business Center
North" .
Mr. Altman plans to submit to the City of Colleyville for a Planned Unit
Development with C-l uses and some ML uses. This development will have
approximately 43,000-sq. ft. of total lease space available and will target retail,
showroom, and professional office type tenants. Lease spaces will start at a rate
$12.50 per sq. ft. and they will be triple net leases, which includes taxes,
insurance, and common maintenance area. In addition, "Colleyville Tech and
Business Center North" will meet all design and landscape standards of the City
of Colleyville.
We have already spoken to Hodges Automotive about the possibility of being a
tenant in the new development. Mr. Hodge, who has been on the property for
almost 20 years, indicated that he would like to remain at this location and be a
part of the new development. Mr. Hodge would be in a new lease space of
approximately 4,000-sq. ft., with a screened in yard and retail look and would be
the only automotive business in the development.
Please know that Mr. Altman has the best interests of everyone around this
development in mind. He believes that this development will clean up the
property and make it an asset to the City of Colleyville, in addition to creating
more affordable lease space for professional office, retail, showroom and other
tenants that would like to be a part of the City ofColleyville.
We have scheduled a meeting for 7:00 p.m., November 12, 2002 at Able
Electronics located at 6607 Colleyville Blvd. in order to show the site plan and
discuss any concerns you might have regarding this development. Should you
have any questions prior to this meeting, please feel free to contact me at 817-
427-9545. I look forward to working with you in regards to this matter.
Sinc6fely,
(J~ ~~ ~yL-
William S. Ingle
Phifer and Associates, Inc
817.427.9545 . Fax 817.281.2442 . 7510 Davis Blvd., Suite E . North Richland RiUs, TX 76180
info@LandDeaIs.com . www.LandDeals.com
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE November 13, 2002
FAX TO
FAX NO
Dwayne Young
817-442-9007
~ Bill Ingle ~ Schwob Construction Corp
~ 817-281-2442 ~ 970-259-6510
FROM Clayton Husband, AICP, Community Development Manager
SUBJECT Z-02-035 PUDR amendment - Lonesome Dove Estates Phase 3
The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and
zoning change request submitted to this office. The following comments are for your
consideration.
GENERAL INFORMATION
1. Access to the property is the most significant issue related to this zoning change request. It
appears that the Commissioners Court abandoned Ross Downs Road in 1936. The ownership
ofthe abandoned road is unclear. Documentation must be submitted to the City indicating the
ownership of the property and/or how the applicant proposes to provide legal access to the
site, i.e. an access easement granted by the owner. This issue must be adequately addressed
before this case is presented to the Planning and Zoning Commission.
ZONING EXHIBIT DRAWING
1. Depending upon the status of the abandoned roadway, some improvements will be required
upon development of the property. At a minimum, the pavement would need to be improved
to at least a fire lane standard and an access easement dedicated. A fire lane must be at least
24-feet wide with a concrete or asphalt paved surface.
2. The zoning exhibit does not indicate if the development will be subdivided into individual
lots. If separate lots will be sold, each lot must have frontage on a public street. The
dedication of right-of-way and construction of a public street may be required depending upon
the number of lots proposed in this development. The PUD-C zoning district requires a
minimum lot size of7,200 square feet, with a minimum lot width of70 feet.
3. The Land Development Code requires a 20-foot wide landscaped buffer between commercial
and residential properties. The landscape buffer shown in the exhibit must be extended to
include the proposed automotive repair area in the northeast comer of the property. The
landscapcd buffer must contain evergreen plant matelial planted on G-foot centers.
P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587
DEVELOPMENT REVIEW COMMITTEE
Z-02-034 BUSINESS AND TECHNOLOGY CENTER NORTH
4. The zoning exhibit indicates a proposed 8-foot tall screening fence on the common property
line with the residential properties. Indicate on the plan what type of fence is proposed.
5. The Land Development Code requires that commercial lots provide at least 20% of the lot
area as a landscaped area. This requirement will be evaluated upon submittal and review of
site plan applications for the property.
6. A secondary entrance from the access road is required between the automotive repair building
and the Great American Pastimes building. Show the driveway on the exhibit.
7. The ordinance submitted to the Planning and Zoning Commission will include as allowed land
uses those uses in the CC 1 and ML zoning districts, and automotive repair and service with
outside storage. Please advise if additional uses that may not be allowed in the proposed
zoning districts are intended to be included for consideration.
8. It is recommended that the applicant review the location and availability of water and sanitary
sewer lines in the area. The construction of additional utility lines may be required for this
development.
OTHER INFORMATION
1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on the lot. The fees listed below are intended to provide general
information on the fees that could be assessed. The actual fee paid may be different
depending upon the specific use of the property, proposed utility construction, or conditions in
an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land
Development Code.
SEWER
$790 per 1,000 square feet gross floor area for GENERAL OFFICE uses. $773 per 1,000
square feet gross floor area for SPECIALTY RETAIL CENTER uses. $1,157 per 1,000 square
feet gross floor area for GENERAL LIGHT INDUSTRIAL uses. Actual fee depends on specific
use of the property.
$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.
ROADWAY
WATER
2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not
required for this property since the property does not have frontage on an existing public street
or right-of-way. Right-of-way dedication and street construction may be required depending
upon specific development plans for the property relative to the abandoned roadway.
3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the
subdivision plat. The fee for non-residential uses is $800 per acre. An assessment of parkland
dedication fees will be provided upon the review of the final plat.
PAGE 2 OF 3
DEVELOPMENT REVIEW COMMITTEE
Z-02-034 BUSINESS AND TECHNOLOGY CENTER NORTH
4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all public
streets. The sidewalks must be installed when any new structures are built on the property.
The sidewalks must be at least 4- feet wide.
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, December 2,2002,7:00 p.m.
Tuesday, December 17, 2002 and January 7, 2003, 7:30
p.m.
RESUBMITT AL REQUIREMENTS
A marked-up print is available for pickup in the Community Development Department offices.
Once you have completed the changes to the drawing, please submit the following to our offices:
· a written letter addressing each comment stating the comment has been addressed or offering
reasons why the requirement should be modified or waived
· 22 folded copies ofthe revised Zoning Exhibit drawing
· one 8112" x 11" reduced copy of the revised exhibit
The revised drawings must be submitted no later than Friday, November 22, 2002 in order to
make the scheduled hearings. Please contact me at husbandc(a;ci.colleyville.tx.us or 817-577-
7587 if you have any questions.
C: ENGINEERING DEPT
FIRE DEPARTMENT
BUILDING INSPECTION
PUBLIC WORKS
ECONOMIC DEVELOPMENT
CITY MANAGER'S OFFICE
PAGE 3 OF 3
D. Young Co., Inc.
D. Young Co., Inc.
1904 Industrial Suite # 105
Colleyville, TX 76034
Telephone 817-442-9007
Fax 817-481-9664
November 21, 2002
City of Colleyville
Clayton Husband
P.O. Box 185
Colleyville, TX 76034
Re:Z-02-035 PUDC Amendment
Mr. Husband,
This letter is in response to the Development Review Committee comments on the aforementioned
Zoning case. Due to legalities discovered about the abandoned roadway and in response to our meeting
with the surrounding homeowners the entire drawing has been redone. Please bear in mind that this is
intended to be a preliminary conceptual design as needed for Rezoning. The guidelines established
during this process will guide us through the actual final design of the project.
General Information:
1. Please find attached a copy of the letter stating the legal opinion of Richard D. Worsham. It is our
intention to follow Mr. Worshams advice. He has been retained to begin the legal paperwork for all of
the quitclaims access easements etc.
Zoning Exhibit Drawing
1. As the revised drawing shows we intend to totally redo the entrance in concrete and provide proper
fire lane access throughout the property.
2. The development will not be subdivided.
3. The 20' landscape buffer is shown in the revised drawing.
4. An 8' cedar fence is now not~ on the plans. The surrounding homeowners seemed to be pleased
with this.
5. According to the drawings 27% 0 the property is landscaped.
6. Due to revisions after meeting with the surrounding homeowners the secondary entrance was placed
further from the residential areas. We trust that this will be satisfactory.
7. These land uses area acceptable.
8. Water, sewer, electricity and phones have been located.
Other Information: Fees and dedications have been noted and discussed with the developer.
Nov-21-02 03:42P Worsham & Denman
817 545 6854
P.02
RICHARD D. WORSHAM
NrroR."Iu A!>lTl COlJNSI:!.LtlH....T l...w
MERCA'frllr. RANK Bux..;.
loO(} Airport FrwwH.Y. ~uit~ 404
RellfullJ, Tcxa~ '(i022
F..,.ill>ib:
~ I'i -$45 tJllC14
. - -d. plw".
~J 7.l\il1.MC'(1
Novcrnl1er 21, 2002
Via Facsimile - !U7-281-1442
Bill Ingle
7510 North Davis Blvd., Suite E
NOl1h R;chland Hills. Tx 76180
Re: Colleyville Tech Business Center North
(4.3 Acres in C()lIeyville)
Dear BiU:
This letter i~ to wnfirm our prior conversations regarding this propctty_ .
I have reviewed the prdiminary survey ofthe propnsed ~ite nfthe Colleyville Tech Business Center North.
Thil' survey shows an abandoned road and thoroughfare between the pmp(lsed building ~ite and the lots
bordering Highway 26. The survey reflect~ the road and thoroughfare were abandoned in 1936. However,
1 believe it to have btlen in use to access Rnss Downs for many years after thai. it is my understanding that
this roadway was cutol1' trom the adjoining Ross Downs development over ten years ago, but has been in
continuous use to access the rcar of the properties bordering Highway 26 since the road was abandoned
in 1936. This road does not appear to have heen incorporated into the legal descriptions of any of the
surrollnding tracts. The question raised by the City nfCulleyville, as I understand it, is how will you accC'.ss
the proposed site of the Colleyville Tech Business Center North unle~s title to thi~ property ill cleared?
First, regardless of ('....nership of the roadway easement, the property owners using the roadway have a
prescriptive easement to use the roadway. An easement hy prellcripti()n is similar to ~uatlers rights; iCyou
u'\e it lung enough, it becomes a property right. It is I,y legal opinion that the property O\vners abutting
the roadway thoroughfare do not have a legal right to block access to the roadway, and that your right of
acce~s is enforceable in a court unaw. The property owners in Ross Downs. however, have abandoned
their right to t\(;cess through lack uf use
There remains a question 3S to title to the roadway and thoroughfare. The only way to tlnally clear title is
to me a suit to quiet litlr.:l As that is a time consuming and co~tly pro(;ess, the alternative is to reach an
agreemcnt with all of the parties who would have standing to assert ownership of the roadway
thorollghfare
1t is my legal opi nilln that the only parties with standing to make a claim to the property or a right to access
the roadway are those ahutting the roadway thoroughfare and th~se property owners who have b~en using
Novemb\,r 21, 20112. Plol~C t of2
Nov-21-02 03:42P Worsham & Denman
817 545 6854
P.03
the roadway to access their property for the past decade This is limited to the owners of the tive tracts
lying between the roadway thoroughfare and Highway 26, and the owners of the propused site for the
Colleyvillc Tech Bllsine')!; Center North.
I wCluld propo!;e that this be documentetl by surveying the roadway thoroughfare, breaking it ioto portions
abutting the surrounding tracts (5 tracts), and having each of the parties execute a. quitclaim deed of each
surveyed section to the respective adjoining tract owner. To establish a clear right to accelil> 01' the
roadway, we would simultaneously create a cross access agreement providing an ea..:;ement for all 6
property tracts (including the one that docs not adjoin the roadway, hut has used it for acces!;) to use the
roadway. As no otht:r pal1y would have slanding to assert a claim, this would cft'cctively qUIet titl" in lhe
names of the surrounding property owners and establish access and use of the roadway thoroughfare
MainteJl.Hlce of the lhoroughfare would be resolved in the cross acces.... agreement.
1 believe that this litic will be sufficient for a title insurance company to issue tide itlSUrancc on the added
property. However, it is up to the underwriters of the individual title insurance companies to make that
decision, and 1 cannot guarantee that decision. ~ there is a 3-year statute of limitations for adverst:
pOSSCSSh.")n under "color of title" (meaning, a deed), I believe any possible objection!; to title would expire
after that. time period.
1 would recommend 11 review ofthe deeds to the surrounding tracts and the d~ tl) Ross Downs prier to
its conversion to a development would b~ warranted to aSSllre that the road thoroughfare has not previously
been incorporated into another property description.
Please feel free La use this letter as a reference in your discussions with the City Of your investors.
Sincerely..
;1ZJ ?t/-t./~.
Richard D. Worsham
rw
'"
NOH'mbc i 21, 2002 . PaRe 2 of 2
Schwob & Sage Building Corp.
2349 Glenda Lane
Dallas, TX 75229
J ames Bowden
6516 Colleyville Blvd.
Colleyville, TX 76034
Harold & Kathy Wilson
211 Meadow Lark
Duncanville, TX 75137
Arroyo Norte Ltd.
6600 Colleyville Blvd.
Colleyville, TX 76034
Neil & Sherrie Hart
6703 Colleyville Blvd.
Colleyville, TX 76034
America's Storage
2911 Turtle Creek Blvd., Ste 700
Dallas, TX 75219
Mary & Michael Moan
P.O. Box 801
Colleyville, TX 76034
G S & Deann Preston
6604 Baker Court
Colleyville, TX 76034
David & Clara Green
6610 Baker Court
Colleyville, TX 76034
J as W & Angela Graham, III
6616 McMakin Court
Colleyville, TX 76034
Schwob Construction Group
190 Spruce Drive
Durango, CO 81301
Tres Rosa Ltd.
6516 Colleyville Boulevard
Colleyville, TX 76034
Neil & Sherrie Hart
1600 Glade Road
Colleyville, TX 76034
Conbined Enterprises, Inc.
5601 Normandy Drive
Colleyville, TX 76034
Sun Valley Properties
5301 Sun Valley Drive
Fort Worth, TX 76119
Antionetta Mooney
404 Oak Valley Drive
Colleyville, TX 76034
Kenneth Green
6620 Colleyville Blvd., #A
Colleyville, TX 76034
Richard & Sharon Rucker
Attn: Richard Rucker
6705 Colleyville Blvd.
Colleyville, TX 76034
James Eklund
3005 Columbine Drive
Grapevine, TX 76051
James & Marilyn Helzer
8110 Russell Curry Road
Arlington, TX 76001
c. W. Davidson
405 Shenandoa Drive
Burleson, TX 76028
Kevin Kim
2000 Tarrant Lane
Colleyville, TX 76034
Michael & Gayle Biggers
2004 Tarrant Lane
Colleyville, TX 76034
Efren & Maria Pabon
6602 Baker Court
Colleyville, TX 76034
Patrick & Ramona Q'Hanlon
6606 Baker Court
Colleyville, TX 76034
Kenneth & Judy McEntire
6608 Baker Court
Colleyville, TX 76034
Donald & Sally Pryor
6612 McMakin Court
Colleyville, TX 76034
Thomas & Terri Ginavan
6614 McMakin Court
Colleyville, TX 76034
Gary & Becky Anderson
6618 McMakin Court
Colleyville, TX 76034
Donald & Susan Cook
6620 McMakin Court
Colleyville, TX 76034
W Clyde & Lavonne Sheker
6700 Kennedy Drive
Colleyville, TX 76034
James & Bemes Eklund
3005 Columbine Drive
Grapevine, TX 76051
Complementary Copy to:
Ross Downs HOA
Dave Dudziak
2301 Wilkes Ct.
Colleyville, TX 76034
Case Z-02-03 (Notices dated: November 20,2002)
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 (33) 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. ...~
Jan Levy.. f
Planning & 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 4.268 ACRES
OUT OF THE A.J. LOTT SURVEY, ABSTRACT 963, FROM THE AG
AGRICULTURAL 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 the D. Young Company
on November 4,2002, under Case No. Z-02-034; 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 by
metes and bounds as shown on attached Exhibit liB", by changing
the zoning of said property from the AG Agricultural district to the
PUD-C Planned Unit Development Commercial district, 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 general office, retail, office-
warehouse land uses.
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by
this Ordinance.
Ordinance 0-02-xxxx
Page 2 of 4
2. PERMITTED USES
The following land uses shall be permitted within this Planned
Unit Development.
a. Uses allowed in the CC1 Village Retail zoning district
b. Uses allowed in the ML Light Manufacturing zoning district
c. One (1) automotive repair and service facility with outside
storage
3. CONCEPTUAL SITE PLANS AND PLATTING
a. The locations of land uses shall be generally consistent with the
conceptual site plan attached as Exhibit "C" I which shall not be
considered the preliminary plat. The actual street and lot
arrangement may differ from that shown on Exhibit "C" to
accommodate topographic, drainage or other conditions.
b. The arrangement, location and footprint of buildings within the
PUD-C may differ from that shown on the attached Exhibit "e"
and will be determined at time of site plan approval. However,
the combined total square footage of all buildings within each
sub-area shall not exceed fifty two thousand fifty square feet
(52,050), which may be in one or more buildings, provided that
any large commercial building shall comply with any additional
requirements of the Land Development Code.
c. Prior to the issuance of any development permits within this
PUD-C and as a condition to the development of the subject
property, the developer shall obtain approval of a final plat of the
property in accordance with the procedures and requirements of
the Colleyville Land Development Code.
4. LOT REQUIREMENTS AND SETBACKS
The lot requirements and setbacks shall the following minimum
standards:
a. Minimum Lot Size
b. Front Building Line
c. Side Building Line
d. Rear Building Line
e. Maximum Building Height
none
40 feet
none (25' abutting residential)
none (25' abutting residential)
35 feet
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Ordinance 0-02-xxxx
Page 3 of 4
5. OPEN SPACE AND LANDSCAPING
a. Each building site shall comply with the minimum landscaping
requirements of the Land Development Code, which shall
satisfy the open space requirements for the PUD-C area.
b. The common open space may be utilized for storm water
detention purposes.
6. FENCING
a. The developer shall construct an eight (8) foot tall cedar fence
where the lot abuts a residential lot. The fence shall be
constructed prior to the issuance of a certificate of occupancy on
any building on the lot.
7. OTHER
a. The architectural design score for all commercial buildings shall
be a minimum of 30 points, as described in Chapter 6 of the
Land Development Code.
b. Lighting on the buildings shall be shielded and designed to
direct the light downward and away from adjacent residential
properties.
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.
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.
THAT this ordinance shall become effective immediately upon
pu blication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2003.
day of
Ordinance 0-02-xxxx
Page 4 of 4
The second reading and public hearing being conducted on the
2003.
ATTEST:
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
day of
CITY OF COLLEYVILLE:
Donna Arp
Mayor