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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-4/14/2003 city Of n~ Texas AGENDA PLANNING AND ZONING COMMISSION City Hall - 5400 Bransford Road Monday April 14, 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 24, 2003 SWEARING IN Bob Culley, Place 5 CITIZEN COMMENTS AGENDA ITEMS 1. 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 2. Case Z-03-006 - TABLED ITEM - 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-03-008 - PUBLIC HEARING & TABLED ITEM - Zoning Change from CC2 to PUD-R, 9.285 acres located on the south side of Centerpark, east of Colleyville Boulevard Planning and Zoning Commission Agenda - Apri/14, 2003 Page 1 of 2 4. Discussion of the Master Plan Update 5. Staff Comments, Reports and Discussion Items The following items were received on the last case submittal deadline: . Case SP-03-003 - Site Plan for Dr. Ronal Lee Dental Office located at 4105 Gateway Court . Case SP-03-004 - Site Plan for Bank of America located at 3908 Glade Road . Case P-03-010 - Final Plat of Emerald Park Addition, Phase 1, 20.380 acres located on the north side of L.D. Lockett Road, east of Precinct Line Road 6. Commissioners' Comments and Reports ADJOURNMENT I certify that this agenda was posted on the Bulletin Board at City Hall on Friday, April 11 ,2003 at 4:30 p.m. Janet E. Levy, Planning & Zoning Assistant Planning and Zoning Commission Agenda - April 14, 2003 Page 2 of 2 .~ 1'l.'X<l5 PLANNING AND ZONING COMMISSION MEETING MINUTES - MARCH 24, 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, Clayton Husband, Jeff Jones, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Swift PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 10,2003 Commissioner Swift moved to approve the minutes as amended to add a statement to the motion on item #4. Commissioner Byerly seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was none. AGENDA ITEMS Chairman Wall announced that the applicant for agenda item 4 has requested that the Planning and Zoning Commission not take action on the case, but table the case do to the fact that the architect for the project would not be able to attend the meeting. He said it would not be fair to the people who came to speak about the case nor to the applicant to hold the public hearing since the applicant could not respond to the speakers. Chairman Wall moved to table item #4, Case Z-03-008, until the April 14, 2003 meeting. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None Chairman Wall advised staff to resend the notice of public hearing to the surrounding property owners. Planning & Zoning Commission Minutes - March 24, 2003 Page 1 of 8 Draft Copy (3/27/03) 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 Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There were no questions by the commissioners. Commissioner Kelly moved to approve the minor plat. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 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 Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Sellers asked Fire Marshal Jones if he was satisfied with the one entrance into the subdivision and about the turning radius. The Fire Marshal said the Land Development Code does not require more than one entrance for only ten lots and the houses are not required to have interior fire sprinkler systems. He said the street is not long enough to require a full turning radius in the cul-de-sac. Commissioner Jones said there are unique parcels in the city yet to be developed and he is in favor of bending a few rules in order to develop those properties; however, this proposal appears to be fracturing the rules. Staff responded there are other approved developments that have similar lot sizes. They mentioned the Villas at Caldwell's Creek and Westgate Villas; however, these subdivisions have open space and the proposed subdivision does not. Chairman Wall opened the public hearing. Those present wishing to speak were: Jimmy Schnurr, applicant. Commissioner Jones asked if it was possible to have open space in the subdivision. Mr. Schnurr said it was not economically viable. He explained that Boardwalk Homes is purchasing the property under commercial rates, yet they believe strongly the area is a residential area and not designed for commercial development. He said it is not a good commercial site as it has residential development on three sides. He explained there would be ten custom-built single family homes, with no two story structures, in the $300,000 range. Mr. Schnurr said the only access to the property is from Cheek Sparger Road since Bridlewood Estates owns the brick wall that runs along the western property line. He said that a commercial development on the property would generate more traffic than ten residential lots. He said he spoke with Bridlewood Estates, The Woods of Colleyville, Woodbriar Estates and Saddlebrook Estates Home Owner Association representatives and the developer plans to mirror the Bridlewood HOA deed restrictions. He said this would be a high quality project that will benefit the area Planning & Zoning Commission Minutes - March 24, 2003 Page 2 of 8 Draft Copy (3/27/03) Commissioner Sellers asked about the positioning of garages. Monty Thomason, Vice President of Boardwalk Homes, explained this would not be a gated community and the average home would be approximately 2,400 square feet and start at $290,000. He said there would be no front entry garages, but they would probably have a front swing garage entry. Jo Ann Gasper, 4103 Paddington Way, said she would like the property to develop residential; however, there may be a line of sight problem when existing off Steeplechase. She expressed concerns about density and she encouraged the Commission to include the deed restrictions within the approving ordinance. Steve Knight, 3917 Felps Court, expressed concerns about commercial zoning in the area and said he believed that residential would be the highest and best use of the property. He said he has concerns about the density and said the developer commented that fewer lots were not viable because of the commercial rates. He said the developer should not pay commercial rates and he advised the Bridlewood homeowners to hold out for a better proposal for a residential subdivision on the property with fewer lots. He said they should not feel as if this is the only thing that could be developed on the property. Tom Caunitz, 4006 Steeplechase Drive, said his house would face the back corner of the development and he would be looking at the rear of houses. He said when he saw the pictures of proposed home designs, he thought there would be nice looking houses, but he is concerned about the number of houses. Pam Brandon, 3608 Briarbrook Court, said she is the president of the Wood briar Homeowners Association and they discussed the proposal at a Board meeting. She said there are concerns about the speed of cars on Cheek Sparger and the number of accidents due to the curve in the roadway. She said something needs to be addressed about the road alignment for safety reasons. Steve Lingard, 301 Bridlewood South, said he lives on the corner on Lot 1. He asked questions about the distance from the fence to the rear of the houses, and about the proposal for a 1'!h story house on the rear lots within the subdivision. He said he did not want someone to have full view into his property. Mr. Lingard also expressed concerns about traffic and speeding on Cheek Sparger. Robert Peters, 4000 Steeplechase Drive, said he would also be facing the back yards of the proposed homes. He said he sent a letter to the commissioners proposing a different layout for the subdivision that will create a horseshoe drive around the houses. There being no one else present wishing to speak, the public hearing was closed. Commissioner Swift said he thinks that single family homes should be built in this area; however, he has issues about density, lack of open space, and the precedent it will set by creating such a high density with the adjoining property that still has the potential for being developed. He said this would be a big mistake. Planning & Zoning Commission Minutes - March 24, 2003 Page 3 of 8 Draft Copy (3/27/03) There was discussion about the vacant lots in the area and the plans for development in the area. Commissioner Kelly said the Master Plan is currently being updated and they have no way of knowing what that plan will look like. He said the concerns about traffic are valid and if this property is developed, the traffic may turn out into an area of Cheek Sparger that needs to be aligned as required by a new Master Plan. Commissioner Jones moved to deny the zoning change. He said the area may be appropriate for residential development, but there are too many other issues with the request. Commissioner Swift seconded the motion. The applicant addressed the Commission and asked that the request be tabled so that they may continue to work with the surrounding neighbors and address their concerns. Commissioner Jones withdrew his motion. Commissioner Swift said he would not remove his second. It was determined that Commissioner Jones' withdrawal did not require Commissioner Swift to withdraw his motion to be valid. Commissioner Byerly moved to deny the zoning change. Commissioner Swift seconded the motion. The vote being: A.yes: Swift, Byerly Noes: Kelly, Sellers, Jones, Wall [Note: The motion to deny was not approved.] Commissioner Sellers moved to table the case until the April 14, 2003, meeting. Commissioner Jones seconded the motion. The vote being: A.yes: Kelly, Sellers, Jones, Wall Noes: Swift, Byerly 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 Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall asked staff how often a building that requires a special use permit is built without a permit. Staff responded that a building this size being built without a permit is unusual. He said the City's recourse is to require the owner to apply for a special use permit and go through the process of public hearings and if the special use permit is not granted, they would have to comply with the size regulations in the Land Development Code. Chairman Wall opened the public hearing. Those present wishing to speak were: Planning & Zoning Commission Minutes - March 24, 2003 Page 4 of 8 Draft Copy (3/27/03) Marty Stajduhar, 101 Williamsburg Court, the applicant. He said he bought the land for the sole purpose of having horses and growing coastal hay so that he could get an agricultural tax exemption. Mr. Stajduhar said he used a contractor from Alvarado to build a covered area so that the horses could be ridden in all types of weather. He said the contractor informed him that a permit was not needed because the land was agricultural and used for agricultural purposes. Mr. Stajduhar apologized that he never talked to staff to confirm the information provided by the contractor. He said the information provided by the contractor made sense to him because of the lay of the land and the adjoining properties. He said there was a dilapidated house on the property that they tore down, but they left the pump room and have considered building a house on the property and living on the land in the future. He said there was no malicious intent, only misunderstanding. Commissioner Sellers asked Mr. Stajduhar about the covered arena. He responded that they now have loafing shed stalls and they want a closed area for the tractor and equipment. He said there is a 10' x 10' stone building that may be removed, and the structure that was built was not prefabricated. Lorraine Gohr, 809 Lavaca Trail, spoke in favor of the special use permit. She said since the Stajduhar's have purchased the property, they have cleaned up the property, have put in very safe fencing, and take excellent care of the property. She said they provide a facility that handicapped riders can use, and neighbors help with that endeavor. She said the Stajduhar's and the riding arena are an asset to the community and she wants the rural look to be maintained in the immediate area. She spoke about the enclave of rural uses that currently exist on Lavaca Trail and in the immediate area. Chairman Wall asked Ms. Gohr about the resale potential of her property because of the impact the size of this building has on her property. She responded that the area is clean and provides a wonderful service to the community and has no negative impact on her property, but only enhances the value of the neighborhood. Commissioner Kelly shared appreciation of the rural area of the neighborhood. Marty Gohr, 809 Lavaca Trail, spoke in favor of the special use permit. He said he is concerned about the higher density residential that is encroaching into this very special area of Colleyville. He said there are several nice properties in the area and they are diminishing because of the approval of recent higher density subdivisions like Westgate Villas. Mr. Gohr said the current use and the future intent by the Stajduhar's fit with the neighborhood. Andrew Mittag, 901 W. Lavaca Trail, spoke in favor of the special use permit. He said he has spoken before the commissioners on several occasions and they may have heard before how he moved from New York to Kansas and has now found the oasis in Colleyville on Lavaca Trail. He expressed the need to keep the area rural and how the frontage on Precinct Line will be developed as commercial, but the interior of the area needs to be maintained as rural. Mr. Mittag said he has three horses on his property and this structure does not bother him one bit. He said the Stajduhar's are an asset to the community. Planning & Zoning Commission Minutes - March 24, 2003 Page 5 of 8 Draft Copy (3/27/03) Chairman Wall asked the Stajduhar's if the property is being used as a commercial venture. Mr. Stajduhar said no. He stated he operates a physical therapy clinic in Bedford, and his wife Lisa is certified to use horses as vehicles to help disabled people gain mobility. He said their family and the neighbors ride horses on the property and they have gate openings to the neighbor's property. There being no one else present wishing to speak, the public hearing was closed. Commissioner Swift told Mr. Stajduhar that he made a very good presentation and he now understands the request. He said the accessory building conforms to the area. Commissioner Sellers moved to approve the special use permit with a condition that the 10' x 10' rock building be removed in order to reduce the number of accessory buildings on the property. Commissioner Kelly seconded the motion. Commissioner Byerly said he does not have a problem with the motion but asked staff if they could put a provision in the ordinance that the removal of the building be given a deadline such as 45 days. Fire Marshal Jeff Jones said that technically a building of this size should have a fire sprinkler system. He said if the building is ever enclosed it would create a problem. Chairman Wall asked what other safety concerns the Fire Marshall had, especially if there were physically impaired people on the property. Jeff Jones responded that the building is all right if it is used as intended and as stated in the ordinance. He said if a building permit were ever applied for, they would reassess the use at that time. Chairman Wall expressed concerns about potential commercial uses on the property. Staff told the commissioners that commercial uses are not allowed unless authorized by the Land Development Code. Staff advised the use of the property is for riding horses, and the only issue the commissioners are considering is for the building proposed in the special use permit. Chairman Wall called for the vote. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 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 This item was tabled by the Commission earlier in the meeting. Planning & Zoning Commission Minutes - March 24, 2003 Page 6 of 8 Draft Copy (3/27/03) 5. Case Z-03-009 - PUBLIC HEARING - Amendment to the Land Developme nt Code regarding notification requirements for Special Use Permits for alcoholic beverages Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. There were questions by the commissioners regarding the current notice procedure and the proposed change. Commissioner Kelly said that if the 500-foot notification area was used, it might impede upscale restaurants from coming to Colleyville. He said there might be a red flag raised since no other communities in the area have this requirement. Chairman Wall opened the public hearing, and those present wishing to speak were: Jo Ann Gasper, 4103 Paddington Lane, spoke in opposition of the change in notification area. She said city staff does an excellent job of notification with the use of signs, notice to property owners, newspaper articles, and notice to homeowner associations. She said if they start with this exception, there might be other exceptions to follow. She said Colleyville needs to be on a level playing field with other communities in the area in order to attract businesses. She explained how the distance requirement was changed to comply with the State law in order to attract restaurants to Colleyville. Ms. Gasper encouraged the commissioners to recommend denial of the change. There being no one else present wishing to speak, the public hearing was closed. Commissioner Kelly moved to recommend denial of the change to the notification requirements for special use permits for alcoholic beverages. Commissioner Sellers seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Jones, Wall Noes: None 6. Discussion of the Master Plan Update. Appreciation to Barry LeBaron was expressed by the commissioners for all of his work that has been done. 7. Staff Comments, Reports and Discussion Items: None. 8. Commissioners' Comments and Reports: The commissioners asked for an update on the status of Bob Culley's request to be reinstated to the Planning and Zoning Commission. Staff informed them that Mr. Culley was asked to submit his application for appointment along with the others that would be considered by the City Council at the April 1, 2003 meeting. He said advertisements for the opening had already taken place before Mr. Culley requested to be reinstated. Planning & Zoning Commission Minutes - March 24, 2003 Page 7 of 8 Draft Copy (3/27/03) ADJOURNMENT The Commission moved to adjourn the meeting at 8:50 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 24, 2003 Page 8 of 8 Draft Copy (3/27/03) CCell~ Texas PLANNING & ZONiNG COMMISSION AGENDA BRIEFING Agenda Date: Subject: April 14, 2003 P-03-009 - Replat of Colleyville Square Shopping Village Addition, Lots 4R-2-1, 4R-2-2, 4R-2-3, and 4R-2-4 located at 6201 Colleyville Boulevard STAFF REVIEW COMMENTS: Colleyville Square Partners II is the owner of a lot generally located at the southeast corner of Colleyville Boulevard and Sanders Lane. The owner has submitted a Replat of the property for review and consideration by the Planning & Zoning Commission. The plat will create four new lots for the construction of new commercial businesses. Zoning. The property is zoned CC2 Shopping Center Commercial. The proposed lots exceed the lot requirements of the CC2 district. There is an existing building on one of the lots, and the building satisfies all required setbacks from the new lot lines. Access. The proposed lots do not have frontage on a public street. However, the Land Development Code allows non-residential lots to provide access from a dedicated access easement. The proposed lots are accessible from a dedicated easement, which connects to both Colleyville Boulevard and Sanders Lane. This plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION: Approval ATTACHMENTS: · Location map · Plat Prepared by: ~ Agenda Item No. 1 - Page 1 VICINITY MAP NOT TO SCALE PONDEROSA TINKER HALL-JOHNSON Replat Lot 4R-2-1 Lot 4R-2-2 , , Lot 4R-2-3, and Lot 4R-2-4 Colleyville Shopping Village Addition an addition to the City ofColleyville, Tarrant County, Texas being a replat of Lot 4R-2, Block A Colleyville Shopping Village Addition as recorded in Cabinet A, Slide 7014, Plat Records of Tarrant County, Texas 4 Lots - 3.102 Acres March 2003 This plat filed in Cabinet , Slide -:-: .. c~ ~li II .' -~~.: mi ~: . im ~~ : ~~r: Ii : ~m H : : 1 11111 It : = ~ sUH m ~ r: .;~~..r~ '; "5 ni i:'!~ 1m l :;-n = : IIII ! ~~:~ :: ~~ti ~ ~ jji ~ ~ . ~:. ii!: )0- illln :! ~l ,;z:-! s . . u ; l ~ L~ in :-:.! ,;: ~ i~f .<u 3.tt.6t.ooS I ' $ I .~ /' I , ! , F ~ "':,. L,.""., ----::.1, Ii Il -; ii, 1"./ 7 /:',' \~lr(t~i "r f/~ \ !] 0. 1 ... "',,- ! 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I bfl , Ii IrH I H ,11 ~ I f Iii & It il ~ .. !! J a - ,1 I' i - = r < - bJ ~ ~ ~ ,iI! ~ . I" ~ ~ t i J ~ ~ ~JI i Hh II $ ~ II 6 . ~ < ~ 8 .11 S ,I I J ~ U . . ~ ~l n~ J ul 1 I ~ Ii f 1 ~ II i f t,~ I . I if J ! '1 J, f' -I Jt li H lr 'il I' " ]1 III ~ . II ~ ! 11 8 ; ~I u :; 1111 Hi! ~ ~ :1:1 ~ ~ ~~ j ] 1 I j i II! l u~ ! ~1 ~~ ~~ ~~ ~l ~a a B. . dill ~ ailS ~ 1iiI. ] \!!II 'Ii., -1M ci' '. , Ji~ ! ni ~ ~~.-g .. "" ~J . ~""E;' ~ ~=g~ -- .~ l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: April 14, 2003 Z-03-006 - Tabled Item - Zoning Change from CN to PUD-R, 2.05 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive UPDATE 04/14/03 This item was tabled by the Commission at the March 24, 2003 meeting to allow the applicant to address issues discussed during the hearing. The applicant submitted a revised exhibit, which reduces the number of lots from 10 lots to 8 lots, and includes approximately 1,900 square feet of open space along Cheek Sparger Road. The open space comprises about 2% of the development. A copy of the revised exhibit is attached. The applicant also advised that they would be meeting with the area homeowners associations to discuss the proposal. 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. Agenda Item No. 2 - Page 1 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. 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 ofthe 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. Agenda Item No. 2 - Page 2 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: March 24, 2003; April 14,2003 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: elopment Manager Agenda Item No. 2 - Page 3 I . I I I 1/ ~/< 10 ;NF.Rg~'TA II " . J~ ...t ';)~' V 1'" '" ,tl 2 cq~'" , :f'~' 3 2 6 ~:IJ~~~..lC] 'r-l At 'CJ"J;.) ,(; ,.~ . 2R2 ~ .~;. i 5.Btil . .' 'h. ..t , Z'F', ~ . 'W 1" , . ~:.< <Q'/" 1 i eRO tAO~S 2 ,.iX:1- ,1>'! CO}J A €€l )j'~~;.l~' I G 0 0f9 Il-L C~A ~,(:r:t'7ci~") flRS~i of pI.. 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I I I ~ , 8 i '2~_____ : :Ii ~2"~=___ -~-~----_...... __________!5~ . 0> o . ~~ o~ o z ----fl- '" ~ . ,(\'.# ~ ~l ~ ZONING EXHIBIT - VILLAS DEL MAR - Z-03-006 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_1\3773175\1 40880-1 02/13/2003 Citizens Nat'l Bank Weatherford PO Box 259 Weatherford, TX 76086 Curtis Ramey 4901 Meadowbrook Dr Fort 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 Frank & 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 401 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 Complimentary Covv to: Bridlewood Estates ROA Kurt Barrett, President 41 02 Wellington Drive Colleyville, TX 76034 Complimentary Copv to: Bridlewood Estates ROA Louis Gasper, Contact Person PO Box 1142 Colleyville, TX 76034 Comvlimentary Covv to: Woodbriar Estates ROA Pam Brandon, President 3608 Briarbrook Court Colleyville, IX 76034 Complimentary Covv to: The Woods ofColleyville HOA Dave Hamacher, President 3805 Treemont Circle Colleyville, TX 76034 James Schnurr, Applicant Winstead Sechrest & Minick 5200 Renaissance Tower 1201 Elm Street Dallas, TX 75270 Case Z-03-006 (1st Notices dated: March 14,2003, 2nd Notices dated: March 25, 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. Jan Levy ~ Planning &~ning Assistant Planning and Zoning Commission City of Colleyville P.O. Box 185 Colleyville, TX 76034 ! R'C 'E'" (_.~> L: Ii I::-D---'-\ ~1<~" L." ~1'1 .L Ir~R-~~-~~1 J I "-,",-.><._>~~--~,, .__J - ( 1 Y (Jt COLLEYVILL COMMUNITY OEVELO\'MENT March 22, 2003 RE: Z-03-006 (Zoning Change at Steeplechase Drive and Cheek-Sparger Road) Dear Planning and Zoning Commission: As property owners at 4000 Steeplechase Drive, we have been notified of the petition for zoning change regarding the two-acre tract of land located at the northeast comer of Cheek-Sparger Road and Steeplechase Drive. As we are unable to attend the meeting scheduled for March 24, 2003, the purpose of this correspondence is to voice our opinion regarding the proposed change. First of all, we approve the zoning change from CN to PVD-R. We would prefer that homes be built in those particular tracts of land instead of commercial development. However, please know we are opposed to the proposed layout of the homes for the reason that the front of our home will be facing the rear of the new homes. It is our suggestion that "Del Mar Court" should be constructed in a horseshoe pattern or V-shape around the exterior of the property (see attached drawing). The homes then could be situated facing the road. The result would be that the backyards would be joined, as they are in most, if not all, neighborhoods. By doing so, the residents on Steeplechase Drive would not be subjected to looking at the rear of the property, where residents tend to put trash cans, wood piles, play sets, etc. Thank you for allowing us input on the proposed rezoning change. Should you have any questions about our comments, please do not hesitate to contact us at (817) 605-0609. Sincerely, Sincerely, Robert E. Peters ,'- , ~,\.-, - I'} . r/'1 ~ 1...1 Marie A. Peters /7 JjJ!i~ /Jl4-e~-.. ""=---.."-"'l:t~.." .U\pi.c' r>Tjl'.JO A1INrW'\l~~r,', :--'~J'\l\]~lt)J J{}}, :i - -,.-"-.. l EOOl t Z HVW I l.____.-..~__'__,.~~________ __ ______ ....'-.......: 3: r-.- \ j MAR 2 4 2003 ~,t1 I . ',:y7~,- (;OLLEYV'Ji:"" L_==L)iViN,jNITY DEVELLi'iL. N1 I I I I I I I I I I I I I I I I I I I I I I I I I 1.0 (1)1 <.)1 ..... 0 51 ....:l '""'I I ~ 1 I 0 I U I I ~ I ~ I - I QJ Q Del Mar Court 0'1 ..... o ....:l o ...... - o ....:l r--- ..... o ....:l 00 ..... o ....:l V) ..... o ....:l "<T ..... o ....:l ~ ..... o ....:l ~ ..... o ....:l - - o .....J I I I I I I I I I ____________________________ L______________________ a:)U:)d lIDO;) lew PO ~~q~~ld~glS '"'" QJ 00 ~ 0.. r/J. I ~ QJ QJ ..s::: U '"'" QJ ~ 0.. r/J. I ~ QJ QJ ..s::: U BoardlValk Hontes April 4, 2003 City Of Colleyville Clayton Husband Community Development Manager 5400 Bransford Rd. Colleyville, Tx 76034 Re: 2.05 acres located at the northeast comer of Cheek Sparger Road and Steeplechase Drive Dear Mr. Husband, Please find enclosed, the revised plat for Villas Del Mar. Should you have any questions or concerns, do not hesitate to call James Schnurr or myself. James Schnurr can be reached at 214-745-5330. In addition, next week we will be meeting with the area HOA members, to discuss the revised plat and answer any questions that they may have regarding the proposal. Thank you for your time and consideration of the foregoing information. ~~~ '-'~~~ ~age~IUm L Po Box 121142 Arlington, Tx 76012 817-461-9906+ 817-461-4979 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 "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 0-03-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. There maximum number of lots allowed within this development shall be eight (8) lots. 3. DWELLING UNIT REQUIREMENTS a. All houses constructed in this development shall be single-story structures. b. All houses shall be situated on the lot so that the garage door does not face the street. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of two (2) percent 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", Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-03-xxxx Page 3 of 4 which shall be not 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 preliminary plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 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 15 50 ORDERED. The first reading and public hearing being conducted on the 2003. day of Ordinance 0-03-xxxx Page 4 of 4 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 cce~ TexaS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: April 14, 2003 Z-03-008 - Public Hearing & Tabled Item - Zoning Change from CC2 to PUD-R, 9.285 acres located on the south side of Centerpark, east of Colleyville Boulevard UPDATE 04/14/03 The Commission tabled this item at the March 24, 2003 meeting at the request of the applicant. The applicant and architect were not able to attend the meeting and expressed a desire to make a presentation before the Commission. The public hearing on this item was not held at the previous meeting. Staff sent new notices to surrounding property owners advising them of the public hearing at the April 14 meeting. Copies of all correspondence received for this item are included with this agenda briefing. STAFF REVIEW COMMENTS The applicant has requested that the Planning and Zoning Commission table action on this item until the April 14 meeting. The applicant and architect are not able to attend the March 24 meeting 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. Agenda Item No. 3 - Page 1 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 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 futu re 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. Agenda Item No. 3 - Page 2 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. 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. 7raffic 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; April 14, 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 Agenda Item No. 3 - Page 3 ATTACHMENTS: · Location and Zoning Map · Zoning Exhibit · Information from Applicant · List of Property Owners Notified · Correspondence · Draft Ordinance Prepared by: (/\... Agenda Item No. 3 - Page 4 '" I - i I " I'll' f. I L' '--I - ;----.-----..-----.-------------..---:----CdJ5Ir- ----ml ~ Tll 28 1.8 At lR 2C I.. At TR 1111#11 2.. At (' C_r., T IIn" DJ'" E i I I i I '0 TR 2V i .... Z.' At : , '--jr- j lA 21< 4.] AC Tf .f; '.11.0 . Location Map & Area of Notification CASE # Z-03-008 - CC2 to PUD-R I H Ha ~i!B!HHlt IiI ;~ 1~!!H!n;L 1:._ -. - -~--'~'----'I . ~. . ~ ~ 2! ! . 2 u !IH ! i ! ~ tnC! ~~ I 8 i i ~. a. ie I: ~ h~ ' ' Hasn~n~~~ lid ~o;~.~ ~ ~ i~ HHiUl ~ ~ ~ 0 9 . -~ B~~h68~ H h hH Ii a I Ulr-t iiul! 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Buildings within the site would be one and two stories in height. The project is being designed by Humphreys & Partners, a nationally renowned architectural firm 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 Profile 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 CoUeyville 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 funs, 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 fitness 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-forma is for monthly rents to be $800 per month and higher. Statement of Development Information 1. 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. Develollment Schedule Once zoning is approved and completed, the process to complete the design of the 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 DEPARTM ENT 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 comer 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 1. 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 1. 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 adj acent 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 Hood 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 COMMITTE E Z-03-o08 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 BuildinQ Code - 2000 Ed. International Fire Code - 2000 Ed. International Plumbing 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 RESIDENTIAL 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. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE Z-03-o08 CENTERPARK PUD-R 5. INFORMATIONAL ONLY. The Colleyville Land Development Code is available on-line at http://www.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 8W' 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 R7'--"-'E"C""','~'-:E',> "",.', .,'.',','.., ....,..",..,-' .. . [M~'l2] ~--:~ID PortfolIo Oevelo ment LL ( I fY or COLLEYVIU , IOMMlJNITY DEVELOt'MINT 16990 Dallas Parkway, Suite 220 ' Dallas, Texas 75248 March 10, 2003 City of Colleyviille Attn: Qayton 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 tl1e 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 the 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 tl1e rear of the property, whereas the current zoning could leave these neighbors with views of the backs of retail buildings, windows from office buildings, etc. It is our hope and intention to show this to the Plarming & Zoning Committee and later the 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 prohibition 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 this does not prohibit a resident from, say, having a spouse under 55 that lives in the development. Our loan and the law would both require that we adhere to the tenets 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 The Fair Housing Act of 1988. 4. Zoning Exhibit & Drawings & Proposal, #3: Attached please find two examples of our architect's "big house" concept, eitl1er 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, the architect will show a power point demonstration that will feature many of ms varied "big house" projects, as they have been constructed all over the country. 5. Zoning Exhibit & Drawings & Proposal, #4: Please see the answer on the attached letter from Humphreys & Partners (arcmtects) 6. Zoning Exhibit & Drawings & Proposal, #5: Please see the answer on the attached letter from Humphreys & Partners (arcmtects) 7. Zoning Exhibit & Drawings & Proposal, #6: Please see the answer on the attached letter from Humphreys & Partners (arcmtects) 8. Zoning Exhibit & Drawings & Proposal, #7: Please see the answer on the attached letter from Humphreys & Partners (arcmtects) 9. Zoning Exhibit & Drawings & Proposal, #8: Please see the answer on the attached letter from Humphreys & Partners (arcmtects) 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 fOlWard to the P&Z meeting coming up shortly. Please call me if you should have any questions at all. Phone (214) 220-3100.....Fax (214) 220-3133....Emai/: kennisk@Yahoo.com SENT BV: HPAj 972 701 9839j MAR-3-03 5:28PMj Response: TIre only Ct:>>I.9trvc1ion presently ;s our pool deck Q1'eQ. No building 111'W1tIre~ or pa,.hng is in the JOO yr floodplain ofLitt/e BeaT C1'eelt.. Any approvals necessary we will pursue. 7. Iftbc mning chanse is appoved. and prior to any construction beginning on site, engineering constructioa plans for any public improvemenb must be submitttJd and approved.. The plans would include water lines. fire hydruts. sewer lines, and IJ8dins and drainage plms. Ques1i0llS c:oncemiD& enginccrina ~u:irements should be directed. to Chad Bartee. Re8ponae: Engin<<rirtg will be mbmi,ted once zoning i..t granted. 8. The City of CoIIcyviJle bas edopRJd the following buildina codes. Sm:nI codes haw local amcacIm.ems. It is recommended that the arobitect and/or engineer review these codes as applicable to the project Response: We will COIIIpIy with alIlocoJ. stoJe. or federal codes 1'elated,o constrrIcIing tJUs prt!ject. Fire Denutmrnt Letter Resoonse: HP A. will design the J1!Oject per IBC 2000 tmd comply withfire sprillkJer NqUiremenl& per lettel' of FebnMuy 28*. 200J. These lie the ft:Sp01lIe5 related to HP A's documemaIiou. Please ..mae if you need anything else. If I am out of the oflk:e, yoa can 1zy Walter Hughes or Mili RamaliDpm OR our Design team. Sincelely, Humphreys &; Pu1ners Arcl1itrlcts, L.P. Greg Faulkner, AlA President cc: Mark Hmnphreys Mili Ramalingam Walter Hughes . PAGE 3/3 Harjinder Pal Singh 721 January Drive Plana, TX 76025 Grand Prairie No Five Inc DBA Eagle Transmission 2317 Clearview Court Lewisville TX 75057 Chandler Cantrell Prop Inc. PO Box 611 Colleyville, TX 76034 Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine, TX 76051 E B & Vanetta Brister 2322 Minnie Street Fort Worth, TX 76117 Colland Ltd 27259 Lorraine Ave Warren MI 48093 Bradley Trow PO Box 1201 Hurst, TX 76053 Fred Lee PO Box 1598 Duluth, GA 30096 H & R Buckner Enterprises Inc 4616 Colleyville Blvd Colleyville, TX 76034 Dasta Inc 3121 Glenmere Ct Carrollton, TX 75007 Colleyville Development Co C/o K-Mart Tax Department 800 W. 15th St PIano, TX 75075 Realty Income Texas Prop PO Box 460069 Escondida, CA 92046 Smothers Properties L C PO Box 17423 San Antonio, TX 78217 Donald & Barbara Wren 4704 Lakeshore Ct Colleyville, TX 76034 Jerry Brogdon 4700 Lakeshore Ct Colleyville, TX 76034 Jeffrey & Dawn Finkelstein 4601 Clearwater CT Colleyville, TX 76034 James & Riki Shackelford 4600 Clearwater Ct Colleyville, TX 76034 Phillip & Kathleen Charon 4604 Clearwater Ct Colleyville, TX 76034 Marzia Mirzadeh 4608 Clearwater Ct Colleyville, TX 76034 Mario & Melissa Donato 4612 Clearwater Ct Colleyville, TX 76034 Colland Ltd 2700 Fairmount, Suite 300 Dallas, TX 75201 Comolimentary Copv To: Lakewood Estates HOA W. J. Talbot, President 1010 Lakeridge Court Colleyville, TX 76034 Portfolio Development LLC C/o Kennis Ketchum 16900 Dallas Parkway, Suite 220 Dallas, TX 75248 Case Z-03-008 (1st Notices dated: March 14,2003, 2nd Notices dated: March 25,2003) 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 L:/-- Planning & ~ning Assistant Mar 17 03 04:06p PORTFOLIO DEVELOPMENT LLC 2142203133 p. 1 < . Portfolio Develg~Jllent" LLC 16990 Dallas Parkway, Suite 220 Dallas, Texas 75248 March 10, 2003 Gty of Colleyville Mr. Oayton Husband, AICP, Community Development Manager P.O. Box 185 Colleyville, TX 76034 RE: Z-03-008 CC2 to PUD~R SE Comer Centerpark & Colleyville Blvd. Dear Mr. Husband: Per 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) 220-3100.....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 fmd 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 oftwo 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 Colleyville 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 of this 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 ofthese 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 ofland 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 ...f I '\ Melissa Wagner-Donato ')i) ~ \ Wrf 4612 Clearwater Court U '-R--E'C-E-_i~VED [~;-~--; 2003 J tllY OF C;OLLEYVILU: .r COMMUNITY DEVELOPMENT Clayton Husband Subject: Groves, Karen S [karen.s.groves@citigroup.com] Tuesday, April 08, 2003 11.45 am Joe Hocutt; Donna Arp; Brad Rice; Rich Hendler; 'jbmddm1 ps@ontcom'; Ginny Tigue; William Lindley 'poppioz@dellepro.com'; 'ereynolds3@aol.com'; 'bbercher@gte.net'; 'dtmcnosky@aol.com'; 'itejas@sbcglobal. net'; 'rsturg@flash. net'; 'patmdavis@attbi.com'; 'drallen@blvdanimal.com'; 'kgill,nvest@aol.com'; 'joycehammill@comcastcom'; 'ehce1@charter.net'; 'Iapmcelaney@aol.com'; 'dtmcnosky@aol.com'; 'Iarry@midtbo.com'; 'luiggi7@aol.com'; 'wldcatr@attbi.com'; 'cwyoung@attbi.com'; Rich Hendler; 'brucek@f1ash.net'; 'jbyerly@mis.com'; 'gerryswift@attbi.com'; 'jwaIl52702@aol.com'; 'bob.culley@westiggettgroup.com'; 'jonesma@swbell.net'; 'fdbudman@aol.com'; Barry LeBaron; Clayton Husband Zoning Change I Case Number Z-03-008 From: Sent: To: Cc: Ladies and Gentlemen, I moved to Colleyville because we consider it to be a progressive, beautiful, and well-managed community with up-scale homes. I am extremely distressed over the proposed building of a residential community to be located at the intersection of Centerpark and HW 26. My first question to you is: Would you want "apartments" by your home? Without a doubt, I know the majority would answer no. We are astonished and perplexed why the managers responsibility for the competition of our city would consider this type of business. While Southlake has approved town homes starting at $350,000, Colleyville is approving apartments. No matter how these units are marketed, they are apartments. The information from the U.s. Department of Housing and Urban Development states that the units will "house at least one person who is 55 or older in at least 80% of the occupied units, and adhere to a policy that demonstrates an intent to house persons who are 55 or older." The developers are promoting this concept as "senior housing" and, therefore, families with children can be excluded. However, this complex of fifty-five units, ranging from 801 square feet to 1,092, costing approximately $800 per month will appeal to varied economic levels; and, in our opinion, has the propensity to become low-income housing. It is the objective of the managers to rent to seniors, but they can (and will) rent to others if the demand does not meet their expectations. There will be no vacancies as this is a business. I know you all understand that there are many (many) negative connotations associated with this type of development. The abandoned Taco Bell, Sonic, K-Mart, etc., etc. all add to the current depressed appearance of Highway 26 -- especially around the Glade intersection. I realize closures and bankruptcies are out of your control, but future development is your responsibility. We are urging you, as our elected officials, to look at this proposal not only as "tax income" for Colleyville, but as what it is -- a bad decision. Thank you. > Karen and Ron Groves > 4708 Lakeshore Court > Colleyville, TX 76034 > 817.498.7463 (Home) > 972.652.7045 (Work) > 972.657,7378 (Fax) wW~J.karen.s.groves@citigroup.com (work) www.rbluegroves@aol.com (personal) 1 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