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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-3/24/2003 city Of AGENDA PLANNING AND ZONING COMMISSION City Hall - 5400 Bransford Road Monday March 24, 2003 REGULAR MEETING: 7:00 P.M. CALL TO ORDER Chairman Jeff Wall ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall INVOCATION Commissioner Swift PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 10, 2003 CITIZEN COMMENTS AGENDA ITEMS 1. Case P-03-008 - Minor Plat of Mockingbird Hill Addition, 10.6898 acres located on the west side of Pool Road in the 3400 block 2. Case Z-03-006 - PUBLIC HEARING - Zoning Change from CN to PUD-R, 2.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive 3. Case Z-03-007 - PUBLIC HEARING - Special Use Permit for an accessory building on 10.272 acres located at 816 L.D. Lockett Road Planning and Zoning Commission Agenda - March 24, 2003 Page 1 of 2 4. Case Z-03-008 - PUBLIC HEARING - Zoning Change from CC2 to PUD-R, 9.285 acres located on the south side of Centerpark, east of Colleyville Boulevard 5. Case Z-03-009 -:- PUBLIC HEARING - Amendment to the Land Development Code regarding notification requirements for Special Use Permits for alcoholic beverages 6. Discussion of the Master Plan Update 7. Staff Comments, Reports and Discussion Items The following items were received on the last case submittal cycle and may be placed on a future agenda: · Case P-03-009 - Replat of Colleyville Shopping Village Addition, Lots 4R-2- 1, 4R-2-2, 4R-2-3, and 4R-2-4 located at 6201 Colleyville Boulevard 8. Commissioners' Comments and Reports ADJOURNMENT I certify that this agenda was posted on the Bulletin Board at City Hall on Friday, March 21,2003 at 4:30 p,m, ~ Janet E, Levy, Planning & Zoning Assistant Planning and Zoning Commission Agenda - March 24, 2003 Page 2 of 2 cceG T('xas Planning and Zoning Commission Meeting Minutes - March 10, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Bud Seller, Mark Jones, and Jeff Wall were present. Barry LeBaron, Jeff Jones, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Kelly PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES February 10,2003 March 4, 2003 Commissioner Kelly moved to approve the minutes as submitted. Commissioner Swift seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was none. AGENDA ITEMS 1. Case P-03-007 - Minor Plat of Glade Points Addition, Block 1, Lot 5,0.94 acres located on the north side of Glade Road, east of Heritage Avenue Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. There was discussion about a portion of the trail that will be constructed as a ten foot sidewalk in front of the property along Glade Road. Commissioner Swift moved to approve the minor plat. Commissioner Sellers seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 2. Case P-03-00S - Final Plat of Reatta Place, 19.31 acres located on the south side of L.D. Lockett Road in the 900 block Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. Planning & Zoning Commission Minutes - March 10, 2003 Page 1 of 4 Draft Copy (March 19,2003) Commissioner Byerly raised questions about the details on the walkway through the subdivision to the proposed ballpark on the City property to the east. Barry informed the commissioners that there has been discussion between the developer and the park staff and he said they reached an agreed location for the easement. Dick Blackard, applicant, 322 Carnation Lane, Hurst, Texas was present to represent the case to the commissioners. He said they have met with the architects for the City property. Chairman Wall said the ball fields are subject to being lighted in the future and asked how it may affect homeowners and marketability of lots. Mr. Blackard said they have placed a note on the plat referring to the future lighting of ball fields, however there won't be a note in deed restrictions. Chairman Wall questioned the applicant about the open space in the southwestern portion of the subdivision being used as a retention pond. He wanted to know what the future use of the area will be. Dick Blackard responded to his questions and said the pond would encompass approximately 50% of the open space and there would be a fishing pier and picnic tables. Commissioner Swift moved to approve the final plat. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 3. Case P-03-006 - Final Plat of Remington Park Addition Phase Four, 22.498 acres located between Remington Parkway and Lavaca Trail Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. Chairman Wall asked questions about the construction and drainage plans and if they are recent since the zoning on the subdivision was approved several years ago. Staff informed the commissioners that the drainage and construction plans were submitted along with the application for this final plat. Chairman Wall asked about the drainage ditch along the back of the southern lots. Barry LeBaron said if Clayton saw any issues that were outstanding or problematic with the drainage he would have placed those concerns in the staff briefing. Larry Cole, applicant, told the commissioners that the construction plans have been reviewed and approved by the engineering staff. He explained the drainage design and said they would not be adding to the existing conditions and the ditch is in a common area. Chairman Wall asked Mr. Cole what percentage of the open space is actually usable rather than under water and Mr. Cole replied that it was approximately 50% Mr. Cole explained that the open space on this portion of Remington Park is primarily used as a part of the jogging path and he told the commissioners about the other 25 acres of open space improvements in the overall design of Remington Park. Commissioner Sellers moved to approve the final plat. Commissioner Jones seconded the motion. The vote being: Planning & Zoning Commission Minutes - March 10, 2003 Page 2 of 4 Draft Copy (March 19,2003) Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 4. Case Z-03-005 - PUBLIC HEARING - Special Use Permit for an accessory building on Lot 1, Block 3, Sunrise Terrace, located at ,1205 Glade Road Chairman Wall asked Barry LeBaron why the case is before them since they recently heard the case and made a recommendation to City Council and City Council denied the special use permit. Barry LeBaron explained how the City Council established the regulations for accessory buildings approximately three years ago. There was discussion about the provision in the Land Development Code that states a zoning case cannot be applied for within one year from denial unless it is for a different zoning category. There was discussion by the Commission if a 250 square foot reduction in the size of the garage constitutes a significant change. They also discussed the significant support from the neighbors that was submitted with the new application, but how the structure and fac;ade were the same as the original proposal that was denied. The commissioners discussed how this case needed to be considered independently from the case that was denied by City Council. Commissioner Byerly recommended that the commissioners be polled to determine if the change from a 6 car 1,7500 square foot garage to a 4 car 1,5000 square foot garage was a significant enough change to warrant their consideration of the special use permit application. Those in favor of considering the item were: Kelly, Swift, Wall Those in favor of not considering the item were: Byerly, Sellers, Jones [Note: Section 11.01 of the City of Colleyville City Charter states: "". no action shall be approved with less than four (4) affirmative votes." The item was not considered by the Planning and Zoning Commission.] 5. Discussion of the Master Plan Update Chairman Wall complimented Barry LeBaron on the presentations he has done. There was discussion about the update for neighborhood 1 and also discussion on the way the last neighborhood meeting went. Commissioner Byerly suggested when they are conducting a neighborhood follow-up meeting, people should introduce themselves. Commissioner Swift said the effort to present a synopsis of the meetings is excellent and 45% of comments fall into three basic categories: Highway 26, Roads, and Parks & Recreation. 6, Staff Comments, Reports and Discussion Items. There were none. 7. Commissioners' Comments and Reports: Commissioner Sellers asked about signage on Highway 26 and commented about a grand opening sign in front of Fidelity Bank. Planning & Zoning Commission Minutes - March 10, 2003 Page 3 of 4 Draft Copy (March 19,2003) ADJOURNMENT The Commission moved to adjourn the meeting at 7:55 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: Note: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - March 10, 2003 Page 4 of 4 Draft Copy (March 19,2003) cce$ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 24, 2003 P-03-008 - Minor Plat of Mockingbird Hill Addition, 10.689 acres located on the west side of Pool Road in the 3400 block STAFF REVIEW COMMENTS: Roman Waschka and Ed Daley are the owners of 10.689 acres located on the west side of Pool Road, just north of Highland Meadows Drive. The owner has submitted a Minor Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will create one new lot for the construction of a new residence. Zoning. The property is zoned both AG Agriculture and R20 Single Family Residential. A zoning change to R20 was approved by the City Council on March 18, 2003, for the lot proposed by this minor plat. The proposed lot exceeds the lot requirements of the R20 district. The proposed lot is 100 feet wide, 416 feet deep, and 40,794 square feet in area. The remaining lot, which is zoned AG, exceeds the requirements of the AG district. Right-of-Way Dedication. The owner is dedicating an additional 826 square feet right- of-way for Pool Road. Pool Road is already constructed to City standards at this location. The owner's surveyor has addressed all Development Review Committee comments. Since there is only one lot, this plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION: Approval ATTACHMENTS: · Location map · Plat Prepared by: J, CI yton H sband, AICP Com evelopment Manager Agenda Item No. 1 - Page 1 '----'" Tf:I 18 18" 1.152 AC .1158 TA . "." . 1 5 1 < T"~LV~ O^KS l,N ll1E1. 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I ~ ; 5 i f I i ~ I .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 24, 2003 Z-03-006 - Public Hearing - Zoning Change from CN to PUD-R, 2.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive STAFF REVIEW COMMENTS Citizens National Bank of Weatherford is the owner of 2.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive, west of Brown Trail. The prospective buyer, Boardwalk Homes, proposes to develop the property for single family residential uses. The applicant has submitted a request to change the zoning on the property from CN Neighborhood Commercial to PUD-R Planned Unit Development Residential. The developer proposes to construct 10 single family lots, with lot sizes ranging from 6,153 square feet to 7,278 square feet. The lots would be located on a cul-de-sac off Cheek Sparger Road. As there is an existing masonry screening wall on the west side of the property, access to Steeplechase Drive is not proposed. The developer indicates that house values would start in the $300,000 range. The subject property is currently vacant. Most of the surrounding property is single-family residential in nature. Property to the north and west is zoned RMF and is developed as single family residences (Bridlewood subdivision). Property to the south, across Cheek Sparger Road, is zoned PUD-R and is developed as single-family residences (The Woods at Colleyville subdivision). Property to the east is zoned CN Neighborhood Commercial and is presently vacant. A church is under construction further east on Cheek Sparger Road. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan designates the future use of this area for office type land uses. This request is not consistent with the goals and objectives of the Master Plan. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The Master Plan also suggests that higher- density projects should be located near major street intersection or on smaller parcels that make less dense development economically difficult. The density of the proposed project is 4.88 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. The lots in the proposed development range in size from 6,153 square feet to 7,278 square feet. The proposed lot sizes, widths and depths are not consistent with PUD-R regulations. Agenda Item No. 2 - Page 1 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 project does not provide open space within the project area. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. The developer is also required to construct a 10-foot wide hike and bike trail adjacent to Cheek Sparger Road as part of the public improvements to the property. IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for office type land uses. This request is not consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are generally developed as traditional single-family neighborhoods. There is a church under construction to the east. 3. Development Trends. Most of the properties in the immediate area are developed. The future development trend appears to be focused on non-residential uses. A church is under construction to the west and a dental office is proposed east of the church. Properties at the northwest and southeast corner of Brown Trail and Cheek Sparger Road are zoned for commercial 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 2.05-acre parcel is valued at $235,000. The estimated City property tax revenue for the undeveloped property is $816 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 ten 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 ten proposed residences would add 96 vehicle trips per day to the surrounding roadways. 8. Public Notification. Staff mailed notices to 21 adjacent property owners and homeowners associations 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. Agenda Item No. 2 - Page 2 PUBLIC HEARING SCHEDULE Planning & Zoning Commission: March 24, 2003 City Council: April 1 and April 15, 2003 RECOMMENDATION: Denial, due to technical non-compliance with the Land Development Code and Colleyville Master Plan ATTACHMENTS: · Location and Zoning Map · Zoning Exhibit · Information from Applicant · List of Property Owners Notified · Draft Ordinance Prepared by: Agenda Item No. 2 - Page 3 ltJ/: '0 fR '"Z'" ,"'" .890 I.C I AC ;)- .t.w~.) ~.J /~)'! 2R2 ,~::'/;~(,: i 5.862 . <~~"'",; ; OVftil 5 · ,',,'~' i;' 1 \ 13B. lAO~ 'l:hch~I:~~;';~~~~gJ G~ cO~ # 4 ""SSf:"ppl ! ~ 1 ::Q?~~(<_:;~~, ) I \, " , -,,,",,N"- A " ~.l L 'f Vf E:5 "~ 0' : i g :i~~ "~I---'" ~~ 1 g- 1 :i-~ 'I 6 ,.., 1 10 ': '.5]2:~ - ~ 'i'~' '" q.. r:.:: " u " 11 I I " ,~ .' J __ ~ I:~ ". ,lu ".J :, 3 I ,1 'D.l ' /6 Nr.RETT ^ lJ , ~ '.J": I ,tl v. c",.;.v .{~' 1 ~)' '0 ,,", 5' '0 11 ) , 1.160 I ~; , *'~ ,," ~j~ ,. 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CJ 30 I.. · J'I)I{~'".: '0 "1 I-- ii , 23 · , ~d --r:;- z . . 1 ,J) ,,' _I - i! ,,1 0 JI .. ~::,:J :e ~_r '. 9 __A ~~,I -J ~ " p .. !~'I '1, 2B ~ 7 C ~ t 1 ) AI :' 15 '9 '0 " ) .] !; ... ,. 1'1 I I Il~ .5 R " lOR llR 12 13 ,. LOT .. 1.111 . ~~ "' '" , ~ l' 20 .. ,. 11 '0 IS Location Map & Area of Notification CASE # Z-03-006 - CN to PUD-R . i" · I~III II. I ;illll~ : . I il 11 'I:: I- I&! ~ ~ ~ I <t:- , -1 i I ! I I ! I ~ ~ ~ , I :~, I I I , 1 I I - I t I I I i ! i ! P', i ,~ . ., v, '0' L.I.~ ~u c"',' '. 1--- i i ~I I ~ l.n . ., VI , . I L.I.~ ,-, to "'_..1 ,-, '\ ~ '-' ~ ,-, g '-' ..J m I .",__ I ,\ , I ~ . " L ..L_ I I ....- ....- , ,"' r ...... -, r - - .., I I I I I ..-1 I III I I. I I I I I I I 'I __..J L___..J L__...J ~ -- ~ -- ". .- -. .- . ., VI I. I L.I.~ I. I L . --~ ,-, L_~ 1--- :c , .-, '. :1) ,..' ...... ,." L"'~ 1--- ~. I , 0 I L.l.J 2: z ~~: Q ..."'~'" t- 4_'. ~ ,..' Vl L"'. ,." ,-, L_~ '\ \ :;~ '-.I ro \ ::: -~ \ ~\- ~ h \ ~-- _~\U.---r .\\' \ G \\\\ '\ \ \, \ \~,~ ' \'~ \ \' \\,'\, ....\ \, \, '\ , ,\ \ , ,. \ ' , \\ \ 'x,\ \ \~',>\, \- -- \\""-" \ \ " - \,------~- ..--- , .--------- '-~~- ~,., I , --- I ! , t I i o I j ~.' 1 ,~; ! NOUvoma "'011 3IlWllI ---- .-I -.___ - :..~ I I I I L- II i 1 i I i~ i . S~~ Il 51 .. STATEMENT OF PLANNING OBJECTIVES Northeast Corner of Cheek-Sparger Road and Steeplechase Drive Approx. 2.0506 acres The applicant is requesting a change in zoning from a CN Commercial District to a PD- Residential District to be developed in accordance with the submitted plans for single family detached homes. The site is located at the northeast comer of Cheek-Sparger Road and Steeplechase Drive. The adjacent properties to the north, west across Steeplechase Drive, south and southeast across Cheek-Sparger Road are all developed as single-family residential. Immediately adjacent to the site to the east is a vacant lot and a future Church. Access to the site is limited to Cheek-Sparger Road. A screening fence located in the City right-of-way prohibits access to Steeplechase Drive along the western portion of the site. The requested zoning is the highest and best use of the property and compatible with the surrounding zoning. The requested zoning is appropriate for this particular location due to the site's restricted access and limited retail/commercial development potential. In addition, retail/commercial development at the site will adversely impact the surrounding single-family residential lots with increased traffic and noise as well as vehicle headlights shining towards the developed single-family homes across Cheek-Sparger as cars exit the site. The prospective purchaser, Boardwalk Homes, L.P., seeks to develop the site with 10 single-family lots, with lot sizes ranging from 6,153 sq.ft. to 7,278 sq.ft. The value of the homes to be constructed on each lot will start at approximately the $300,000.00 range. Each of the lot values are estimated to be approximately $90,000. Development of the lots are expected to begin within 2 months of the approved re-zoning of the property. Home construction is anticipated to begin shortly thereafter. DALLAS \\3773175\\Ô40880-\ 02113/2003 Citizens Nat'l Bank Weatherford PO Box 259 Weatherford, TX 76086 Curtis Ramey 4901 Meadowbrook Dr Port Worth, TX 76103 Robert & Marie Peters 4000 Steeplechase Drive Colleyville, TX 76034 Steven Lundgren 4002 Steeplechase Drive Colleyville, TX 76034 Roy & Georgia Bean 4004 Steeplechase Drive Colleyville, TX 76034 Thomas & Christy Caunitz 4006 Steeplechase Drive Colleyville, TX 76034 John & Tama Lucas 4008 Steeplechase Drive Colleyville, TX 76034 Warren & Byrd Young 4010 Steeplechase Drive Colleyville, TX 76034 C A & Scott Lingard 301 Bridlewood S Colleyville, TX 76034 Carlos & Susan Bazaldua 305 Bridlewood S Colleyville, TX 76034 Prank & Diane Tabone 309 Bridlewood S Colleyville, TX 76034 Janet Hines 401 Bridlewood S Colleyville, TX 76034 Terry & L Wells Crunk 405 Bridlewood S Colleyville, TX 76034 Everett & Deborah Logan, Jr 3909 Oakbriar Lane Colleyville, TX 76034 Edwin & Laurel Fultz 309 Cheek Sparger Road Colleyville, TX 76034 Debra Patterson 313 Cheek Sparger Road Colleyville, TX 76034 Bruce & J 0 Ann Ingram 40 I Cheek Sparger Road Colleyville, TX 76034 John & Terri Gregg 405 Cheek Sparger Road Colleyville, TX 76034 James & Cathleen Beaver 3916 Oakbriar Lane Colleyville, TX 76034 Comolimentarv Coov to: Bridlewood Estates HOA Kurt Barrett, President 4102 Wellington Drive Colleyville, TX 76034 Comolimentary Coov to: Bridlewood Estates HOA Louis Gasper, Contact Person PO Box 1142 Colleyville, TX 76034 J ames Schnurr, Applicant W instead Sechrest & Minick 5200 Renaissance Tower 1201 Elm Street Dallas, TX 75270 Case Z-03-006 (Notices dated: March 14,2003) 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 of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. n Levy lanning & Zoning Assistant ORDINANCE 0-03-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 2.05 ACRE TRACT OF LAND OUT OF THE B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT 228, FROM THE CN NEIGHBORHOOD COMMERCIAL 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 James Schnurr for Citizens National Bank of Weatherford on February 17, 2003, under Case No. Z-03-006; 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 CN Neighborhood Commercial district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "e", 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 0-03-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: (6) Rear Building Line 6,153 square feet 55 feet 95 feet 20 feet 5 feet interior lots 10 feet corner lots 1 5 feet (1) Minimum Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line b. The average lot size shall be square feet. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of of the residential project area as common open space for the leisure and recreational use of the development's residents. 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. 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 Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-03-xxxx Page 3 of 4 property in accordance with the procedures and requirements of the Colleyville Land Development Code. I n 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. 6. STREETS AND SIDEWALKS a. The developer shall construct a 10-foot wide hike and bike trail along Cheek Sparger Road at the same time as other public improvements are constructed in the subdivision, unless funds are escrowed with the City for future construction of the sidewalk. 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. 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 ccecs TexaS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 24, 2003 Z-03-007 - Public Hearing - Special Use Permit for an accessory building on 10.272 acres located at 816 L.D. Lockett Road STAFF REVIEW COMMENTS Marty Stajduhar is the owner of a 10.27-acre parcel of land located on the north side of L.D, Lockett Road, west of Lowrie Road. The owner's contractor recently constructed a 6,020 square foot unenclosed barn on the property without first obtaining a building permit. Since the size of the structure exceeds the size restriction required by the accessory building regulations, the owner has submitted a Special Use Permit (SUP) application to authorize the building on the property. The building is not an enclosed barn, but serves primarily to provide a cover over a large area; the building is open on three sides. A portion of the rear of the building provides enclosed storage space. The structure is 72 feet wide and 50 feet deep. The overall height of the building is 19 feet at the center of the roof. The building is set back over 200 feet from the road. Pictures of the building are attached. 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 items shown in bold-italics are those items that do not meet the criteria. ACCESSORY BUILDING ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1. Maximum Size 2,500 sf for 3-acre or larger lots 6,720 sf 2. Max. Number of Buildmgs 3 4 3, Side Setbacks 5 feet :1:11 feet on east side 4, Rear Setback 5 feet 500+ feet 5. Max. Height Not exceed height of primary no primary building on site building 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 over 3 acres in area, the size of all accessory buildings is limited to a total of 2,500 square feet. The applicant's lot is 10.27 -acres in size. There are three existing buildings on the site that count towards the total square footage. With the existing buildings and the proposed building, the total square footage of all four accessory buildings is 6,720 square feet. The applicant has requested a waiver of the size requirement to allow the buildings as proposed. Agenda Item No. 3 - Page 1 The accessory building regulations generally assume that a primary building, such as a house, is located on the property since the maximum height of the building may not exceed the height of the house. However, this property does not contain a residence. The property in question is primarily used for agricultural purposes and the keeping of animals. The existing building is 19-feet tall at the center peak of the roof. For comparison purposes, the typical Colleyville two-story residence is approximately 35-40 feet in height. The applicant is requesting that the allowed height of the building be 19 feet as constructed. Staff mailed notices to 11 adjacent property owners and homeowners associations 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. 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: March 24, 2003 City Council: April 1 and April 15, 2003 RECOMMENDATION: Denial, due to technical non-compliance with the Land Development Code ATTACHMENTS: · Location Map · Zoning Exhibit and Information from Applicant · List of Property Owners Notified · Draft Ordinance Prepared by: J.~~ usband. 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Wallace Craig PO Box 308 Hurst, TX 76053 Stinson Development Corp 7510 Davis Blvd., Suite D North Richland Hills, TX 76180 Ashraf Ishak 2928 Oak Ridge Drive Hurst, tX 76054 Peter & Linda Kuhlmann 6000 Quality Hill Street Colleyville, TX 76034 Bvesco LP PO Box 670903 Dallas, TX 75267 Andrew & Janet Mittag 901 W Lavacca Trail Colleyville, TX 76034 Verl & Ruth Ann Plain 909 W Lavaca Trail Colleyville, TX 76034 Stephen & Nan Martin 813 W Lavaca Trail Colleyville, TX 76034 Martin & Lorraine Gohr 809 Lavaca Trail Colleyville, TX 76034 Midcities Church, Inc Attn: Dennis Faulkner 4905 Eversham Court Colleyville, TX 76034 Martin & Lisa Stajduhar 101 Williamsburg Court Colleyville, TX 76034 Case Z-03-007 (Notices dated: March 14,2003) 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. ~an Levy Planning & Zoning Assistant ORDINANCE 0-03-xxxx AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY. BUILDING ON 10.272 ACRES OUT OF THE W.C. NEWTON SURVEY, ABSTRACT 1182; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Marty Stajduhar on February 17, 2003, under Case No. Z-03-007; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit "B"), by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum size of the building footprint of all accessory buildings shall not exceed six thousand seven hundred twenty (6,720) square feet. b. The building location shall be consistent with the drawings attached as Exhibit "C". c. Any accessory building shall not be used for commercial purposes, other than those uses permitted by the Land Development Code. Sec. 2. 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. Ordinance 0-03-xxxx Page 2 of 2 Sec. 3. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney cc.~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 24, 2003 Z-03-008 - Public Hearing - Zoning Change from CC2 to PUD-R, 9.285 acres located on the south side of Centerpark, east of Colleyville Boulevard STAFF REVIEW COMMENTS The applicant has requested that the Planninq and Zoninq Commission table action on this item until the April 14 meetina. The applicant and architect are not able to attend the March 24 meetina and would like to be able to make a presentation to the Commission. A letter from the applicant is attached. Portfolio Development, representing Collard Ltd., has applied for a zoning change on a 9.26-acre tract of land located on the south side of Centerpark, east of Colleyville Boulevard. The applicant proposes to develop the property as a residential community for adults ages 55 and over. The applicant has submitted a request to change the zoning on the property from CC2 Shopping Center to PUD-R Planned Unit Development Residential. The developer proposes to construct 142 apartment units ranging in size from 802 square feet to 1,092 square feet. The units would be located in 17 buildings on the property. Ten of the buildings would contain 10 apartment units and 12 garage spaces; the other seven buildings would contain 6 apartment units and 10 garage spaces. Two parking spaces would be provided for each apartment unit. A clubhouse area and swimming pool are also proposed. The project would be accessed from Colleyville Boulevard and Centerpark. The project is being designed by Humphreys & Partners (www.humphrevs.com).an architecture firm located in Dallas. The buildings are designed using a concept called The Big House @, developed by the firm. The Big House @ concept is a multi-family building design that appears like a large single-family residential house, but contains multiple separate living units. The site plan indicates the buildings would range from 12,734 square feet to 14,703 square feet in size. The applicant proposes that the buildings on the east end of the property be single story as that area abuts an existing single family subdivision; this change could reduce the number of units to 135. Preliminary projections indicate the overall value of the project at $12 million. The Big House @ concept has been used in several developments in the Fort Worth-Dallas area. These developments include Mapleshade Residences (Dallas), Stone Manor (Frisco), Mansions by the Vineyard (Euless) and Mansions at Coyote Ridge (Carrollton). The concept has also been used around the country in places such as Mesa, Arizona; Tampa, Florida; Madison, Wisconsin; and Myrtle Beach and Hilton Head, South Carolina. The surrounding property is both commercial and single-family residential in nature. Properties to the east and northeast are zoned RMF Multi-Family and are developed as single family residences (Lakewood Estates). Property to the south, across Little Bear Creek, is zoned RD Duplex and is developed as single-family residences (Saddlebrook Agenda Item No. 4 - Page 1 subdivision). Property to the north across Centerpark is zoned CC2 Shopping Center Commercial and is developed as a shopping center and day care center. A bank and a restaurant are located immediately west of this site, adjacent to Colleyville Boulevard. The following is an analysis of the major issues associated with this rezoning request. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The Master Plan also suggests that higher- density projects should be located near major street intersection or on smaller parcels that make less dense development economically difficult. The density of the proposed project is 14.5 dwelling units per acre. Senior Housing. The project is proposed as a housing development for seniors aged 55 years and older. The Fair Housing Act of 1988 allows some projects to be exempt from familial status requirements to allow "housing for older persons" and legally exclude families with children. The exemption requires that the units be occupied solely by persons 62 years of age or older, or that at least one person who is 55 or older live in at least 80% of the units. The proposed ordinance establishes the age as a requirement, and the applicant has stated that the financing for the project also carries this requirement. 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. This project provides 43.8% (4 acres) of open space dispersed through the project. While the PUD-R regulations require that the open space be dedicated as a separate lot, the applicant requests that the common open space within the development qualify as the open space. This is somewhat similar to the landscaping requirement for a commercial project. Sidewalks and Trails. Sidewalks are required to be constructed adjacent to Centerpark as part of the public improvements to the property. The Colleyville Pathways Plan calls for a hike and bike trail along Little Bear Creek, though this property owner is not responsible for the construction of that trail as it would be located on City-owned property. IMPACT ISSUES 1. Master Plan. The Colleyville Master Plan designates the future use of this area for retail and office type land uses. This request is not consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are developed as single-family neighborhoods and commercial developments. 3. Development Trends. Most of the properties in the immediate area are developed. The future development trends appear to be focused on non-residential uses, as commercial property has developed on Colleyville Boulevard over the past few years. 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. Agenda Item No. 4 - Page 2 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 9.285-acre parcel is valued at $1.45 million. The estimated City property tax revenue for the undeveloped property is $5,037 annually. The future property tax revenue would depend upon the appraised value of the property and of the buildings constructed on the lot. 6. Sales Taxes. The project will not directly generate sales tax revenue. The addition of ten 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. Low-rise apartment residences are expected to generate 6.59 trips per unit per day, on average. Based on this average, the 142 proposed units would add 936 vehicle trips per day to the surrounding roadways. 8. Public Notification. Staff mailed notices to 22 adjacent property owners and homeowners associations regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. One letter of opposition has been received regarding this request, and a copy of the letter is attached. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: March 24, 2003 City Council: May 6 and May 20,2003 RECOMMENDATION: Denial, due to technical non-compliance with the Land Development Code and Colleyville Master Plan ATTACHMENTS: · Location and Zoning Map · Zoning Exhibit · Information from Applicant · List of Property Owners Notified · Correspondence · Draft Ordinance Prepared by: ~ band, AICP velopment Manager Agenda Item No. 4 - Page 3 'j I 1~'JI' L_ r-----------..-------------------..,----crAlrr:--'----ii.. m 29 1.0 AC lR 2C 1.11 At "5". i t I .. i i i i 'ff;~ 1 5 C!:!~ I leO 'I,~~ I 1 TR 20 .ct-4 At Tn 2V 2.q At: . '- , . 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I I Statement of Planninl!: Obiectives The Applicant seeks to construct on the site a luxury residential community for adults ages 55 and over. The property would contain approximately 142 units ranging in size from 80 I square feet up to 1092 square feet. Buildings within the site would be one and two stories in height. The project is being designed by Humphreys & Partners, a nationally renowned architectural ftrm that specializes in a concept known as "the big house", which is a technique of designing multi-unit buildings to look like single-family mansions. Great care is being taken to design the project to be in keeping with the high standards and graciousness of the Colleyville community. The 2000 Census Data and Demographic Proftle of Colleyville, as prepared by the City ofColleyville, indicates that only 15.8% ofColleyville residents are age 55 and older; It is our opinion that this is because few persons in this age category want the maintenance of a large home, or need big homes once their children are grown and gone. In fact, only 122 Colleyville residents are shown as householders age 65 and older. How pleasant it would be to be able to retire and live in beautiful Colleyville without the worries of full- time home maintenance. Currently, residents that love living in Colleyville or have children or grandchildren in the City have little choice but to leave if they no longer wish to own a home. The proposed project would provide a luxurious living environment, with each resident to have his or her own attached, direct-access garage, and high-end amenities such as crown moulding, ceiling fans, designer lighting packages, quality appliances and much more. The site is currently zoned for commercial uses such as office or retail projects. It is evident that Colleyville is constructing an ample amount of both, with the quality projects Colleyville Town Center and The Villages at Colleyville just down the street from the site. Marketing efforts have made it clear to the property owner that there is simply not room for further retail and/or office in the market. However, it does appear that there is a very real need in the market for luxury accommodations for residents that are 55 "or better"! The project will not be a nursing home, and will not provide any sort of medical assistance, meals, or similar services. It will be a well-located community for those persons that desire to live with and near other Colleyville residents in similar life situations. Views of the creek, a fountained swimming pool, a fttness area and other amenities will make the lifestyle quite complete and pampering. The proximity to grocery, banking, restaurants and other shopping within walking distance add greatly to the desirability of the site for this use. In order to ensure that the homeowners to the east of the project will not be disturbed, the project has been designed so that only one-story structures abut the eastern property line. Further, this use would almost certainly be more desirable to these adjoining homeowners than would the noise, smells, and building heights of retail or office developments that would currently be allowed on the property. Rental rates for the project will be more exactly determined as construction costs are fmalized, but the pro-fonna is for monthly rents to be $800 per month and higher. Statement of Development Information I. Total square footage is shown on the Architectural drawings attached hereto 2. There are no sales generated by the project 3. There are no sales generated by the project 4. Extremely early projections value the project at $12,000,000, and the applicable Colleyville and other tax rates would apply to the fmal valuation. Statement of Utilities to be Provided It is believed that utilities adequate to service the proposed project already exist along Colleyville Blvd. and Centerpark. In the event any utilities need to be extended or resized to service the site, that would be included as part of the development process. Statement of Proposed Ownership The Owner of the project is anticipated to be a partnership consisting of the current owners of the land (Marc W. Eller, Daniel Gilbert and Ronald Berman), the proposed developer, Kennis Ketchum, and possibly a handful of additional private investors. Development Schedule Once zoning is approved and completed, the process to complete the design ofthe project and close on financing will be approximately 6-10 months. Construction is expected to begin within approximately 30 days thereafter, and will take 11-14 months to complete. Traffic Impact Analvsis None has been requested at this time, and it is believed that Colleyville Blvd and Centerpark are both major arterials designed to withstand substantial traffic loads. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE February 28, 2003 FAX TO Kennis Ketchum ~ Colland Ltd. FAX NO 214-220-3133 ~ 214-740-9464 FROM Clayton Husband, AICP, Community Development Manager SUBJECT Z-03-008 CC2 to PUD-R - SE corner Centerpark and Colleyville Boulevard 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 l. The Colleyville Master Plan designates the future land use of this property as retail, office and commercial development. The zoning request is inconsistent with the Plan, and a recommendation for denial will be made to the Planning & Zoning Commission for technical non-compliance with the Plan. Only the Planning & Zoning Commission and City Council have the discretion to approve residential components in this area. ZONING EXHIBIT DRAWINGS & PROPOSAL l. No changes to the drawings are required. 2. The information submitted indicates that this community is proposed for ages 55 and over. What method, other than a zoning restriction, will be in place to regulate the minimum ages of the residents? Will the property be deed restricted to control this issue? 3, Provide examples of building elevations with the next submittal. 4. The area proposed for the residential units does not have frontage on Colleyville Boulevard, according to the survey exhibit, and there is a driveway proposed by the architectural site plan. How will access to Colleyville Boulevard be provided across the adjacent lot? 5, The PUD-R regulations require that 20% of the project area be dedicated as private open space in the development. It is unclear from the drawing whether an open space lot or lots are being proposed for this project. Indicate the amount, if any, of private open space being provided. 6. Portions of this property are located within the 100-year flood plain of Little Bear Creek. Development within the flood plain area will require approval of a Development Permit from the Engineering Department. P,O, Box 185 - COLLEYVILLE, TEXAS 76034 - 81 7,577,7587 DEVELOPMENT REVIEW COMMITTEE Z-03-008 CENTERPARK PUD-R 7. If the zoning change is approved, and prior to any construction beginning on site, engineering construction plans for any public improvements must be submitted and approved. The plans would include water lines, fire hydrants, sewer lines, and grading and drainage plans. Questions concerning engineering requirements should be directed to Chad Bartee at 817-577-7587. 8. The City of Colleyville has adopted the following building codes. Several codes have local amendments. It is recommended that the architect and/or engineer review these codes as applicable to the project. International Buildina Code - 2000 Ed, International Fire Code - 2000 Ed. International Plumbina Code - 2000 Ed, International Mechanical Code - 2000 Ed, International Residential Code - 2000 Ed. International Fuel Gas Code - 2000 Ed, National Electrical Code -1999 Ed. International Energy Conservation Code - 2000 Ed, PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, March 24,2003, 7:00 p.m. Tuesday, April 1 and April 15, 2003, 7:30 p.m. 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 plans for construction or conditions contained in a City-Developer Agreement, if applicable. ROADWAY $1,359 per dwelling unit for MULTI-FAMILY RESIDEI'\T1AL uses, The actual fee depends on specific use of the property, Details are available in Chapter 13 of the Land Development Code, $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed, $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed, WATER SEWER 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property as Centerpark is considered an improved street. 3. PARKLAND DEDICATION. Parkland dedication fees are not applicable to this site as the property is already platted. If the property is subdivided in the future, the fees will apply at the time of approval of the replat. The fee for residential uses is $1,802 per dwelling uni t. 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along Centerpark. The sidewalk must be installed when any new building is constructed on the property. The sidewalks must be at least 5-feet wide. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-03-o08 CENTERPARK PUD-R 5. INFORMATIONAL ONLY. The Colleyville Land Development Code is available on-line at http://\vww.collevville.com/development/code.asp. The Land Development Code is in Adobe Acrobat format. RESUBMITT AL REQUIREMENTS Please submit the following to our offices: · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived · one 8Y2" x 11" reduced copy of the revised exhibit The above requested items must be submitted no later than noon on Wednesday, March 19, 2003 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or husbandc@ci.colleyville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE 3 OF 3 . 'R'" E~:~.~;E, r- .-... ,.,-,,-..- f MAR 1 2 2003 l--- ( i I Y 01 COLLLYVIL i OMrvHJNITY DEVEl 0 iVi:'>iT .-l ,01 ;2~' \ Portfolio Develo ment LL 16990 Dallas Parkway, Suite 220 Dallas, Texas 75248 March 10,2003 City of Colleyviille Attn: Clayton Husband, AICP, Community Development Manager P.O. Box 185 Colleyville, TX 76034 RE: Development Review Committee Comments Z-03-008 CC2 to PUD-R- SE Comer Centerpark & Colleyville Blvd. Dear Mr. Husband: Below please fmd responses to each comment contained in the letter from the DRC to Colland, Ltd. dated February 28, 2003: 1. General Information, # 1: This is understood; however, we believe that our proposed use for the property is a higher and better use than that currently designated by tlle Colleyville Master Plan. It is further our belief that development of the property under the revised zoning and with the proposed site plan, would be much friendlier to the neighboring residential community. Care was taken to ensure that only one-story buildings abut the residential development to the rear of the property, whereas the current zoning could leave these neighbors with views of tlle backs of retail buildings, windows from office buildings, etc. It is our hope and intention to show tllls to the Planning & Zoning Committee and later tlle City Council on the appointed dates. 2. Zoning Exhibit Drawings & Proposal, #1: No comment required. 3. Zoning Exhibit & Drawings & Proposal, #2: The Fair Housing Act of 1988 provided exceptions from the prolllbition of age "discrimination" for three types of communities designed for older persons. One of these exceptions is for communities whose units are intended for and occupied by a resident who is 55 years of age or older. Please note that tllls does not prohibit a resident from, say, having a spouse under 55 dlat lives in tlle development. Our loan and the law would both require that we adhere to dIe tenet~ of the Fair Housing Act. Further, we are amenable to the zoning placing such a restriction upon development of the land that says the community will be built for residents of age 55 or older, as specified in'Ine Fair Housing Act of 1988. 4. Zoning Exhibit & Drawings & Proposal, #3: Attached please fmd two exanlples of our architect's "big house" concept, either of which would be generally compatible to our site plan and product design. We have not yet gone so far as to choose exact Phone (214) 220-3100.....Fax (214) 220-3133....Emai/: kennisk@yahoo.com design or colors, but the attached should give you a good idea of the type of look we will use. At the P&Z (and later, City Council) meeting, tlle architect will show a power point demonstration that will feature many of his varied "big house" projects, as they have been constructed all over the country. 5. Zoning Exhibit & Drawings & Proposal, #4: Please see tlle answer on the attached letter from Humphreys & Partners (architects) 6. Zoning Exhibit & Drawings & Proposal, #5: Please see the answer on the attached letter from Humphreys & Partners (architects) 7. Zoning Exhibit & Drawings & Proposal, #6: Please see tlle answer on tlle attached letter from Humphreys & Partners (architects) 8. Zoning Exhibit & Drawings & Proposal, #7: Please see the answer on the attached letter from Humphreys & Partners (architects) 9. Zoning Exlllbit & Drawings & Proposal, #8: Please see dIe answer on the attached letter from Humphreys & Partners (architects) 10. Public Hearing Schedule: Understood 11. Other Information: All understood, and we will comply. 12. Additional Comments from the Fire Department dated February 28, 2003: All understood, and we will comply. Thank you for your comments, and I'll look forward to the P&Z meeting coming up shortly. Please call me if you should have any questions at all. Sincer..dy, \~' ,- 7 --\ ',,; . f I~~ / K 'K I ~/ emus etc mm Phone (214) 220-3100.....Fax (214) 220-3133....Emai/: kennisk@yahoo.com SENT BY: HPAj 972 701 9639j MAR-3-03 5:28PM; Response: TIte only oomtruction presenJly is our pool deck area. No building af1'UChD'es or pa,hng is in the /00 yr flood plain of Lmle Bear Creek. Any approvals 1IeCeS$ary we will pursue. 7. If the zoning chanse is approved, and prior to any construction beginning on site, ensinecring construction plans for any public: improvements must be submitted and appro\>ed. The plans would include water lines, fire hydnmts., sewer lines. and grading and drainage plans. Questions conoeming engineeriDg "'QWrements should be dirc:cted to Chad Bartee. Re"ponse: Engineering wiJ/ be mbmilled unce zoning i.~ granted. 8. The City of CoIlcyviJle has adoptEd the foUowing building codes. Se\'eraI codes haw locallll'lCDClmems. It is RCOI1UJleDdcd that the arcbJtect and/or engineer review these codes as applicable to the project Response: We will comply with ai/local. state, 0,. federal codes related to constf1lcting this pI"Oject. Fire DePll1ment Letter Resoonse: HP A will design the P!'oject per IBC 2000 and comply with fire sprinlder requirements per lette, of Febrvaty 2i1'. 2003. These are the responses related to HP A's documentation. Please advise if you need anything else. If r am out of the office, you can 1ry Walter Hughes or Mili Ramalingam on our Design team. Sincerely, Humphreys & Partne~ Architects, 1.P. Greg Faulkner, AlA President cc: Mark Humphreys Mili Ramalingam Walter Hughes . PAGE 3/3 Harj inder Pal Singh 721 January Drive Piano, TX 76025 Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine, TX 76051 Bradley Trow PO Box 1201 Hurst, TX 76053 Dasta Inc 3121 GlenmereCt Carrollton, TX 75007 Smothers Properties L C PO Box 17423 San Antonio, TX 78217 Jeffrey & Dawn Finkelstein 4601 Clearwater CT Colleyville, TX 76034 Marzia Mirzadeh 4608 Clearwater Ct Colleyville, TX 76034 COIllDlilllentarv Copv To: Lakewood Estates HOA W, J. Talbot, President 10 I 0 Lakeridge Court Colleyville, TX 76034 Grand Prairie No Five Inc DBA Eagle Transmission 2317 Clearview Court Lewisville TX 75057 Chandler Cantrell Prop Inc. PO Box 611 Colleyville, TX 76034 E B & Vanetta Brister 2322 Minnie Street Fort Worth, TX 76117 Colland Ltd 27259 Lorraine Ave Warren MI 48093 Fred Lee PO Box 1598 Duluth, GA 30096 H & R Buckner Enterprises Inc 4616 Colleyville Blvd Colleyville, TX 76034 Colleyville Development Co C/o K-Mart Tax Department 800 W. 15th St Piano, TX 75075 Realty Income Texas Prop PO Box 460069 Escondido, CA 92046 Donald & Barbara Wren 4704 Lakeshore Ct Colleyville, TX 76034 Jerry Brogdon 4700 Lakeshore Ct Colleyville, TX 76034 James & Riki Shackelford 4600 Clearwater Ct Colleyville, TX 76034 Phillip & Kathleen Charon 4604 Clearwater Ct Colleyville, TX 76034 Mario & Melissa Donato 4612 Clearwater Ct Colleyville, TX 76034 Colland Ltd 2700 Fairmount, Suite 300 Dallas, TX 75201 Case Z-03-008 (Notices dated: March 14, 2003) 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 of the proposed change request as required by the Jexas Local Government Code and the Colleyville Land Development Code. an Levy lanning & Zoning Assistant Mar 17 03 04:06p PORTFOLIO DEVELOPMENT LLC 2142203133 p. 1 .._m. .- ~ - .. . Portfolio Develo--R,ment., LLC: 16990 Dallas Parkway, Suite 220 Dallas, Texas 75248 March 10, 2003 City of Colleyville Mr. Clayton Husband, AICP, Community Development Manager P.O. Box 185 Colleyville, TX 76034 RE: Z-03-008 CC2 to PUD-R SE Corner Centerpark & Colleyville Blvd. Dear Mr. Husband: Pcr our discussion, the P&Z meeting at which we will present the captioned case has been moved from. March 10th to March 24th. Unfortunately, my architect is out of town on that date. Thus, I would like to request that our case be rescheduled for hearing at the next P&Z meeting on April 14th. Please let me know if this will be acceptable, and I'm happy to answer any questions at all. Your help is greatly appreciated. Kennis Ketchum Phone (214) 220-3JOO.....Fax (214) 220-3133....Email: kennisk@yahoo.com On March 15,2003, we received a Notice of Public Hearing/Case Number 2-03-008, which invited our comment on the development of a "luxury residential community for adults ages 55 and over" on land that is within 200 feet of our property. Initially, for about five minutes, I was pleased with the thought of a "luxury residence" being built on the land in question, as opposed to commercial property. However, I quickly remembered the luxury apartments I lived in less than 10 years ago when I was a student; apartments equal or larger in size to many of the proposed units for this development. While the term luxury is alluring (but also very broad) and the fact that these properties will only be sold to individuals age 55 and older is comforting, we stand adamantly opposed to this proposal for the following reasons. During the past year, City Counsel has been asked to address issues similar to the issue raised by this proposal. The situation that stands out clearest in my mind occurred at a City Counsel meeting in late September or early October, when the development group, developing the town homes located at Poole Road and Cheeksparger, presented their argument to City Counsel as to why they should be allowed a variance so they could cease building town homes and commence building single family units. The developer's primary argument was a lack of sales. While I am sure that Portfolio Development, LLC would argue that they have done all the marketing studies/demographic studies/etc. needed to support their decision to develop this project, I would guess that similar studies were done by the group that developed the town homes on Cheeksparger Road 4 to 5 years ago. We find it hard to believe that there are enough individuals age 55 and older who want to downsize to units smaller than 1,300 square feet and pay top dollar for square footage. While real estate development is not our area of expertise, we happen to be among the individuals who looked at the town homes on Cheeksparger Road as potential buyers. We walked away questioning why anyone would pay the prices asked for these town homes, when they could pay the same price or less in Colleyville for a house. The argument that individuals who look at town homes/condos, look at them for the low maintenance, does not pass muster in our case, since we were a family of two looking for a home with low maintenance. The bottom line for us, and apparently for others as well, was resale. Our greatest concern is that similar to the town home project on Cheeksparger Road, the development proposed for Centerpark also fails. Highway 26 already has enough failed businesses. The City of Colleyville certainly does not need another failed business lining its main corridor. In the event that this development does not prosper, we can envision, similar to the development on Cheeksparger Road, the city being faced with a decision of whether to relax the requirement that these units only be sold to individuals age 55 and older. If this were to occur, these units would essentially be the cheapest housing in Colleyville. Even if these units sell at a price of$150.00 a square foot in today's dollar, which I am guessing is highly unrealistic, the largest unit would be approximately $110,000.00 cheaper than the average median listing price for a home in Colleyville, which according to a search on DallasNews.Com is currently $300,086.00. It doesn't take a mind for business to realize the potential that these condos could quickly become rentals if the age 55 and older requirement were relaxed. In a City with quality schools, and 99% single family homes, these units would be much more attractive to a young family than an age 55 or older retiree. The effect of a situation such as this on our property value and the property value of all the homes in our development (not just those within 200 feet) would be detrimental. While we realize our concerns are based on pure speculation, this speculation is not without merit given the current situation with the town homes on Cheeksparger. In addition to the concerns outlined above, there are a few other points that need to be considered. Starting with the day we decided to look for a home in Colleyville, we have been under the impression, an impression that has been passed along by realtors and neighbors, that Colleyville tries to avoid multi- dwelling units. We have also been present at City Counsel meetings where changing a lot size and allowing for smaller homes, homes which are larger than the proposed units in this development and which are single dwelling units, have met with concern. To allow this development to go forward, whether it survives as a retirement community or ultimately needs to be rezoned, would be to change the image of Colleyville on the main thoroughfare of town. We realize that the current plans for the Village at Colleyville and the Town Square provide for villas. While it could be argued that these luxury condos are similar in design to the villas being used at these developments, by definition a villa is a detached or semi- detached urban residence with a yard or garden, whereas a condominium provides for individual ownership of a unit in a multiunit structure. A street view of the Villas being built at Town Square raises no question that these are single-family homes. The prices being advertised for these homes are similar to the median price for a home in Colleyville. This development, in contrast to the proposed development at Centerpark, is consistent with the City's current residential setting. While it is noted that the proposed Villas at the Village of ColleyvilJe will be integrated into the shopping complex and could arguably be called condos, this development also differs significantly from the proposed development at Centerpark. First, given the very nature ofthis development, if these units were unsuccessful, they could easily be turned into retail or office space. In contrast, the units on Centerpark could be used only as a residence. Second, while information regarding both proposed developments is sparse, a description of the proposed development at the Village of Colleyville indicates that each Villa will have it's own private entrance with an elevator. Our speculation could be wrong, but we assume it doubtful that the proposed luxury condos on Centerpark will provide this type of finish-out Given the limited time we had to prepare this response, we have not been able to gather more information about the finish-out and pricing of these three separate developments, but we are guessing a development that includes 47 units under 800-square feet will not carry a price-tag in the median range or have a finish-out that includes the type of extras advertised for these villas. With the small amount of undeveloped land remaining in Colleyville, and the fact that the City's Master Plan is currently being reviewed for the last time, we would think that more time is warranted for determining the best use of this land. In the past year, we have repeatedly heard concerns voiced by members of City Counsel about the limited amount of commercial property available. We have also heard concerns about the best use of land for tax generating purposes. A residential community, of homes valued well below the average MLS listing price of $300,086, with many residents eligible for the homestead exemption, certainly does not sound like the "best use" for this very valuable land. While we realize in the current economy, any use may appear to be better than none, once this variance is granted and the land is sold, the City cannot go back and redo what has already been done. The bottom line from our point of view is if this variance is granted Colleyville has opened the door for the development of its first apartment complex on its main thoroughfare and in our bac~Yard!!! Mario Donato ill Melissa Wagner-Donato)i)~ Wrf 4612 Clearwater Court U l-~~--";::': . .""\ -; , -.-:;-:;;- [J E (' fi-. ~ " f - D nr ~~~;9 ;~39Jr:'- I --. L: I Y ui C;OU.EYV!LL. ({iMMIINllY OEVf] Ol'MFNT ORDINANCE 0-03-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 LOT 4R AND A PORTION OF LOT 1R, BLOCK 1, CENTERPARK ADDITION, FROM THE CC2 SHOPPING CENTER COMMERCIAL 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 Kennis Ketchum, with Portfolio Development, for Collard Ltd. on February 17, 2003, under Case No. Z-03-008; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 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 CC2 Shopping Center Commercial 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 multiple-family residential development for adults ages 55 years and over. Ordinance 0-03-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 AND RESTRICTIONS a. Multiple-family residences b. Open space c. At least one person who is 55 years of age or older shall reside in at least eighty percent (80%) of the dwelling units. The property owner shall certify to the City that this requirement is satisfied on or before January 1 of each year. 3. LOT REQUIREMENTS AND SETBACKS 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 9 acres 1 00 feet 125 feet 40 feet 25 feet 25 feet 4. BUILDING AND SITE DESIGN STANDARDS a. The building design standards shall comply with the following provisions: (1 ) Maximum Number of Units 142 dwelling units (2) Maximum Number of 17 buildings Buildings (3) Maximum Building Height 2 story 1 story adjacent to east property line (4) Minimum Dwelling Unit 802 square feet Size (5) Average Dwelling Unit Size 998 square feet b. Two (2) parking spaces shall be provided for each dwelling unit. At least one (1) parking space shall be contained within a garage attached to the building. Sec. 3. Sec. 4. Sec. 5. Ordinance 0-03-xxxx Page 3 of 4 c. The density of the project shall not exceed 14.5 dwelling units per acre. d. A minimum of two (2) drive entrances shall be provided on Centerpark. 5. 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 comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. 6. CONCEPTUAL SITE PLANS AND PLATTING The building arrangement of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C". The actual building arrangement may differ from that shown on Exhibit "C" to accommodate physical, topographic, drainage or other conditions. 7. STREETS AND SIDEWALKS The developer shall construct a five (5)-foot wide sidewalk along Centerpark at the time buildings are constructed on the lot. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 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. Ordinance 0-03-xxxx Page 4 of 4 Sec. 6. 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 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 24, 2003 Z-03-009 - Public Hearing - Amendment to the Land Development Code regarding notification requirements for Special Use Permits for alcoholic beverages STAFF REVIEW COMMENTS The City Council directed staff to prepare an amendment to the Land Development Code to consider changing the property owner notification requirements regarding Special Use Permits for alcoholic beverages. The current ordinances require that the owners of real property within 200 feet of the proposed site be mailed notice of public hearing. The 200- foot notification distance is a requirement of the Land Development Code and is the same distance requirement contained in state zoning laws. The proposed amendment will change the notification distance requirements to 500 feet, but only for Special Use Permits for alcoholic beverage sales. A similar issue was considered by the City Council in August 2000. At that time, the Council considered whether to increase the zoning notification requirements to 500 feet in all cases. Historically, the 200-foot notification area has been in the Texas statutes since the adoption of zoning enabling legislation in 1927. Most cities use the 200-foot notification area, but there are some cities in Texas that have adopted a larger notification boundary. Cities that provide a larger notification area adopted those procedures as provided by Chapter 211 of the Texas Local Government Code, which provides the authority to establish the type of notice given to the public in zoning cases. Section 211.006(c) of the Texas Local Government Code states that the governing body of a home rule city may establish the type of notice provided for public hearings of zoning cases. Accordina to this Section. the ordinance to chanae the type of notice requires a two-thirds vote of the QoverninQ body. which would be four affirmative votes of the City Cou ncil. The cities of Fort Worth, Austin, and EI Paso require a 300-foot notification rather than the 200-foot required by State law. These cities have adopted the 300-foot notification requirement by ordinance, and the requirement is stated in their respective codes. The city of Dallas notification requirements vary by the size of the property. None of the seven cities surrounding Colleyville have regulations that differ from State law. Section 211.006(d) of the Texas Local Government Code contains provisions for dealing with protests to proposed changes in zoning boundaries. The protest must be written and signed by the owners of at least 20% of either the land proposed for rezoning or the area of the land adjoining the land proposed for rezoning and extending 200 feet from that area. If the protest meets this requirement, commonly referred to as the "20% rule," then the proposed change must receive, in order to take effect, the affirmative vote of at least three- fourths of all the members of the governing body. Since Colleyville has five voting council Agenda Item No. 5 - Page 1 members, such a request would require four affirmative votes. As the distance for notification increases, the land area contained within the notification area increases at a larger rate. Given this fact, the protest requirements must be specifically addressed. If the protest requirements stated "20% of the notification area," a larger notification distance would require a much larger number of parcels to achieve the 20% threshold. For the purposes of protests, the City of Austin code maintains the "20% rule" as stated in the State statutes. The Austin code requires that the land area within 200 feet of the proposed rezoning be used to calculate whether a protest triggers a super- majority vote. Each zoning case submitted to the City requires property owner notification. For each case, staff prepares a notification map and researches the names and addresses of the property owner for each affected parcel. The property owner information is maintained in a mailing list for that particular case. Each property owner is then mailed a notice letter. In August 2000, staff estimated that the notification process on average requires 1.5 hours of staff time per case, and that the increase to a 500-foot notification area would equate to a 145% increase staff time spent preparing notification for that zoning case. Section 1.18.B.4.b, of the Land Development Code currently reads as follows: b. When a proposed change affects a specific tract of land, written notice of the public hearing shall be sent to all owners of real property lying within two hundred (200) feet of the area being considered. Such notice to be given to each property owner as listed on the last approved tax roll not less than ten (10) days before the day set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. The applicant will be sent notice by certified mail. The proposed Paragraph b. should include an additional new paragraph to read as follows: b. When a proposed change affects a specific tract of land, written notice of the public hearing shall be sent to all owners of real property lying within two hundred (200) feet of the area being considered. Such notice to be given to each property owner as listed on the last approved tax roll not less than ten (10) days before the day set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. The applicant will be sent notice by certified mail. i. Alcohol SUP reQuests - When a rezonina application includes a provision for a Special Use Permit for the sales of alcoholic beveraaes. the written notification of the public hearina stated in the precedina paraaraph shall be sent to all owners of rea/propertv Ivina within five hundred (500) feet of the area beina considered. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: March 24, 2003 City Council: April 1 and April 15, 2003 Agenda Item No. 5 - Page 2 RECOMMENDATION This item was placed on the agenda at the request of the City Council Prepared by: Agenda Item No. 5 - Page 3 ORDINANCE 0-01-1316 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, OF THE LAND DEVELOPMENT CODE, AS AMENDED, REGARDING SPECIAL USE PERMITS FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PU BLlCA TION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission has held a public hearing and forwarded its recommendation to the City Council for consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1. THAT Chapter 1, Section 1.18.B.4.b, of the Land Development Code, as amended, is hereby amended to read as follows: b. When a proposed change affects a specific tract of land, written notice of the public hearing shall be sent to all owners of real property lying within two hundred (200) feet of the area being considered. Such notice to be given to each property owner as listed on the last approved tax roll not less than ten (10) days before the day set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. The applicant will be sent notice by certified mail. I. Alcohol SUP Requests - When a rezoning application includes a provision for a Special Use Permit for the sale of alcoholic beverages, the written notification of the public hearing stated in the preceding paragraph shall be sent to all owners of real property lying within five hundred (500) feet of the area being considered. Sec 2. Sec 3. Sec4. Sec 5. Ordinance 0-03-xxxx Page 2 of 2 THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,2003. day of day of The second reading and public hearing being conducted on the ,2003. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney