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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-6/9/2003 city Of n~ TexaS AGENDA PLANNING AND ZONING COMMISSION City Council Chambers. 5400 Bransford Road Monday, June 9, 2003 REGULAR MEETING: 7:00 P.M. CALL TO ORDER Chairman Jeff Wall ROLL CALL Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall INVOCATION Commissioner Jones PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES May 27, 2003 CITIZEN COMMENTS AGENDA ITEMS 1. Case P-03-011 - PUBLIC HEARING - Replat of Lot 18, Block 3, Andy Felps Addition, located on the northeast corner of Cheek Sparger Road and Felps Drive 2. Case P-03-012 - Amended Plat of Lot 31R. Block A, Brook Meadows Addition, located at 4400 Shadywood Lane 3. Case Z-03-011 - PUBLIC HEARING - Request for a Special Use Permit for an Accessory Building on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane 4. Discussion of the Master Plan Update 5. Staff Comments, Reports and Discussion Items Planning and Zoning Commission Agenda - June 9, 2003 Page 1 of 2 The following items were received on the last case submittal deadline: · Case P-03-013 - Minor Plat of Lots 1 & 2, Paradigm Estates, 1.0 acres located at 1112 John McCain Road · Case SP-03-007 - Site Plan for Colonial Bank located at 1201 Church Street 4. Commissioners' Comments and Reports ADJOURNMENT I certify that this agenda was posted on the Bulletin Board at City Hall on Friday, June 6, 2003 at 4:30 p.m. + Jan Levy, Planning & Zoning Assistant Planning and Zoning Commission Agenda - June 9, 2003 Page 2 of 2 ell)' Of ccen$ TexaS PLANNING AND ZONING COMMISSION MEETING MINUTES - May 27, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Mark Jones, Bud Sellers 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 Sellers. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES April 28, 2003 Commissioner Culley moved to approve the minutes as written. Commissioner Swift seconded the motion. The motion passed by unanimous acclamation. CITIZEN COMMENTS There was none. AGENDA ITEMS 1. Case Z-03-010 - PUBLIC HEARING - Zoning Change from AG to R20 on 1.0 acres located at 1112 John McCain Road Clayton Husband presented the case to the commissioners. Chairman Wall opened the public hearing. Those present wishing to speak were: Awad Eskander, applicant. Commissioner Culley asked the applicant how soon he plans on developing the lots. Mr. Eskander responded that a new residence would begin on one of the lots within three months from approval. Commissioner Jones asked if the existing structure would be demolished and Mr. Eskander responded that it would. Commissioner Sellers asked the applicant if he plans to construct a solid barrier between the new residence and the church. Mr. Eskander responded that he would and then there was discussion by the applicant, the commissioners and staff about the visibility not being impeded when cars exit the church parking lot. Staff said a solid barrier would not be allowed over the 30' building line. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Planning & Zoning Commission Minutes - May 27, 2003 Page 1 of 2 Draft Copy (5/28/03) Commissioner Kelly moved to recommend approval of the zoning change from AG to R20. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 2. Discussion of the Master Plan Update: Consider establishing a Master Plan workshop schedule and Authorizing two special neighborhood studies. There was discussion by staff and the commissioners regarding the meeting format and briefing materials needed for upcoming work shops. The dates for the meetings were solidified. There was discussion about the necessity of hiring a consultant for two special studies. One of the special studies would focus on the Precinct Line corridor and the second study would focus on the neighborhood located near the intersection of Colleyville Boulevard and Cheek Sparger Road. The commissioners requested that staff provide them with a copy of the current telephone survey questions and also a copy of the 1997 survey. 3. Staff Comments, Reports and Discussion Items: There were none. 4. Commissioners' Comments and Reports: There were none. ADJOURNMENT The Commission moved to adjourn the meeting at 8:20 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 - May 27, 2003 Page 2 of 2 Draft Copy (5/28/03) (Qe~ l'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 9, 2003 P-03-011 - Public Hearing - Replat of Lot 18, Block 3, Andy Felps Addition, located at northeast corner of Cheek Sparger Road and Felps Drive STAFF REVIEW COMMENTS: Jerry Brogdon is the owner of a 0.943-acre lot located at the northeast corner of Cheek Sparger Road and Felps Drive. The owner has submitted a Replat of the property for review and consideration by the Planning & Zoning Commission. The plat will create two lots, one of which is for the construction of a new residence. Lot Area. The property is zoned R20 Single Family Residential. The proposed lots meet the lot size requirements of the R20 district. The proposed lots are 20,000 square feet and 21,070 square feet in area. Parkland Dedication Fees. The payment of parkland dedication fees is required for this development since one new residential lot is being created by this plat. The fee for single-family residential development is $1,802 per dwelling unit. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since Cheek Sparger Road is considered an unimproved street and the plat contains more than one residential lot. The lot that contains the existing house is exempt from this requirement, but the new lot is not exempt. The developer is required to provide a cash escrow for future improvement by the City before the issuance of a building permit. Ordinance 0-01-1314 established a base linear foot fee of $138.78, with the actual escrow amount being percentage of the total cost based upon the actual street frontage. This lot has 210.31 feet of frontage, and the amount due for this property is $22,747.63. The owner may request a waiver of this requirement from the City Council. Public Hearing Requirement. This replat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. When a residential lot is proposed for subdividing into additional lots, notice of a public hearing must be sent to each property owner within 200 feet of the lot within the same subdivision. Notices of this public hearing were sent to 5 property owners in the Andy Felps subdivision. Courtesy notices were sent to the Bridlewood HOA, Woodbriar HOA, and the Sparger-Felps Subdivision developer. The owner's surveyor has addressed all Development Review Committee comments. This plat only requires approval by the Planning and Zoning Commission. Agenda Item No. 1 - Page 1 RECOMMENDATION: Approval of the replat ATTACHMENTS: · Location map · Plat · Development Review Committee memo · Surveyor Correspondence · List of Property Owners Notified Prepared by: Agenda Item No. 1 - Page 2 ?1 20 " I. " TR 3H U AC (;!H:r.I:I:H~J~l~~-f!~l~' ~ ~J ";I(~'}"l.'.",' , _ :j,J' oj ~ - : " ( ;z >--- , ]l I " i , ~) '0 C ['AI(E m I. I I i I " \ 1 c Location Map Case P-03-011 - Replat i ;iJf ~} f~ i :i~-' )3 Ii jl:jH i i ~i1j,:1 ji i fHi! I! flo U~f~f I Jij-i ki 11 ~ tl!~ H I ~iHii r ih~: :! ii :: P:~ !ls" I; ~~i'I'f' il : i!!i! I! li~ 1!1~ l~fii h JtJ~l~ i :~!iit~ E ,...eU if .1-, ! , J ~J .111U!I"~ : q~~! Ii i~i' 11 i!~l ~.!! I~il J :l{!Ji; I :~.d lw ,1. J ~r' 1 !!w. Jml~l' .I'Hf ~ I~I'I "'; , z1l J JJ~~~i1o' -! ii.i1 !: J:r 1. P'lf 11 kl' Jlg'11~1 .1 f iil! - :1 lil~; I~J{'. !Ji J lt~fl i1 ,I ~ 1~1~ · lit Ii !~a 11 11. 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I <J ~I o ~ ~>I;l<~ ~ l,t.:I :I: -e3 )oil ~ ] .11 i ~ : ~.., .~8 J '. - ~ ,j x"': kot l ~ ~ ~ ~E~9~11 11f{ l! ~~~8;~ i mi : f .:fJ I ~~~!C I Jiil f JII~~!5 S ~::. i If" 11 ~ Imm _ I III j ...-fl I..~ !i ,0>- ~ 8".0 s !I~; s 5~~~ o ~8j ~3 z *- ~ t1!il fl 'Ja" I -JI ,1 1i:!1 ~ii !i~ I,ll: I:} 1;1 gh J: I!; "HI If! I~i ltiii li! ~I~ Jhf. tit !~ !ijJ :h !hIi :I! ! iJ~~!J m ~ IrhJ UJ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 29, 2003 FAX TO FAX NO Jerry Brogdon 817-577-2177 ~ John Morgan ~ 817-282-0401 FROM Clayton Husband, AICP, Community Development Manager SUBJECT P-03-011 Replat -- Andy Felps Addition, Block 3, Lots 18Rl & 18R2 The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. PLAT DRAWING 1. This property is zoned R20 Single Family Residential. The R20 district requires a front building line of 30 feet on all street sides. Revise the plat accordingly. 2. The size of the lots and the acreage shown in the metes and bounds description do not match. Verify and revise the plat accordingly. 3. A 7.5-foot wide DRAINAGE AND UTILITY EASEMENT needs to be added adjacent to the north property line of both lots. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the final plat. Since one new vacant lot is being created by this plat, the payment of parkland dedication fees is required for this development. The fee for single-family residential development is $1,802 per new lot. The fee must be paid before the plat is recorded with the County Clerks Office. A formal assessment of parkland dedication fees will be provided upon approval of the plat. The fee for this plat is $1.802. 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Cheek Sparger Road is considered an unimproved street and the plat contains more than one residential lot. The lot that contains the existing house is exempt from this requirement, but the new lot is not exempt. The developer is required to construct one-half of the street or provide an equivalent amount of cash escrow for future improvement by the City before the issuance of a building permit. Ordinance 0-01-1314 established a base linear foot fee of$138.78, with the actual escrow amount being percentage of the total cost based upon the actual street frontage. The amount due for this property is P.O. Box 185 - COLLEYVILLE, TEXAS 76034 - 8 I 7.577.7587 DEVELOPMENT REVIEW COMMITTEE P-03-011 ANDY FELPS ADDITION $22,747.63. The owner may request a waiver of this requirement from the City Council. Please contact the Community Development Department for information on this requirement. 3. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY $1,962 per dwelling unit for SINGLE F AMIL Y RESIDENTIAL uses. Applicable to the new vacant lot created by this plat. $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 4. SIDEWALKS. The Land Development Code requires sidewalks along Cheek Sparger Road. The sidewalk must conform to the provisions of the Colleyville Pathways Plan. The sidewalk must be a minimum 10 feet wide along this property's frontage on Cheek Sparger Road. All sidewalks and trails shall be built to the specifications contained in the Land Development Code. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, June 9, 2003, 7:00 p.m. not required RESUBMITT AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: . 10 folded copies ofthe revised Replat drawing one 8Y2" x II" reduced copy of the revised exhibit . · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The revised drawings must be submitted no later than Wednesday, June 4,2003 in order to make the scheduled hearings. Please contact me at 817-577-7587 or husbandc@cLcollevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE 2 OF 2 David C. Moak Surveyors, Inc. Registered Professional Land Surveyors David C. Moak, R.P.L.S. Consultant Texas . New Mexico . Arizona . Nevada · Acreage · Topography · Subdivisions · Loan Surveys · Investigative Surveys · Construction Layout David W. Myers, R.P.L.S. President June 2, 2003 Cla)10n Husband City of Colleyville 5400 Bransford Road Colleyville, Texas, 76034 Re: Replot -Andy Felps Adiition, Block 3, Lots J8RJ & J8R2 Your case No. P-03-011 Dear Clayton; This letter is to inform you that we have made the following revisions to the above mentioned plat as you requested: I) The 30 foot building lines per R20 zoning have been added. 2) There was a drafting error regarding the area shown and has been corrected, the area run sheet is attached. 3) We added the 7.5 foot drainage and utility easement along the northerly boundary line as requested. As always, we deem it a pleasure to prepare plats in the City of Colleyville and should you have any additional comments please do not hesitate to call, fax or e-mail us. Sincerely, ~~ v..).~ ~ W. Morgan, R.P.L.S. David C. Moak Surveyors, Inc. jwm@moaksurveyors.com 105 Bedford Rd. . Bedford, Texas 76022-6208 . Metro (817) 268-2211 . Fax (817) 282-0401 Member texas Society of Professional Surveyors & American Congress on Surveying & Mapping Virginia Garrett 128 Cheek Sparger Road Colleyville, TX 76034 Everett G & Vemell Greer 4001 Felps Drive Colleyville, TX 76034 E G Greer 4001 Felps Drive Colleyville, TX 76034 Everet G Greer 4001 Felps Drive Colleyville, TX 76034 Norma Claire Edwards 210 Cheek Sparger Road Colleyville, TX 76034 Comvlimentan' Covv to: Woodbriar HOA Pam Brandon, President 3608 Briarbrook Court Colleyville, TX 76034 COlllvlilllentarv CODl' to: Woodbriar HOA Bette Guest, Contact Person 106 Greenbriar Lane Colleyville, TX 76034 ComDlimentan! CODl' to: Bridlewood Estates HOA Kurt Barrett, President 4102 Wellington Drive Colleyville, TX 76034 Comvlimentarv Copl' to: Bridlewood Estates HOA Louis Gasper, Contact Person P.O. Box 1142 Colleyville, TX 76034 COIllDlilllentarv CODV fa' Sparger-Felps Subdivision Tommy Cunningham, Developer 6809 Baker Boulevard Fort Worth, TX 76118-6362 Jerry Brogdon 4700 Lakeshore Court Colleyville, TX 76034 Case P-03-011 According to the last published Tax Records, individuals who own property that are with 200' of the replat, but within the original subdivision of the proposed replat request are listed above. I certify that the parties listed above have been notified of the proposed replat request as required by Section 212 the Local Government Code. (Notices dated: May 22,2003) r:han Levy V ~ Planning & Zoning Assistant cce0 Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 9, 2003 P-03-012 - Amended Plat of Lot 31 R, Block A, Brook Meadows Addition, located at 4400 Shadywood Lane STAFF REVIEW COMMENTS: Ronald Gentry is the owner of a 1.7-acre lot located at 4400 Shadywood Lane, east of Jackson Road. The owner has acquired a small piece of property near the northwest corner of the lot that he would like to incorporate into the existing lot. Mr. Gentry has submitted an Amended Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will increase the size of the lot by 818 square feet, and provide an area for an addition to the house. The property is zoned R20 Single Family Residential. The proposed lot is 74,544 square feet in area, and exceeds all requirements of the R20 zoning district. A portion of this lot is located in the 1 OO-year floodplain of Little Bear Creek. The addition to the house is not affected by the floodplain. The owner's surveyor has addressed all Development Review Committee comments. This plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION: Approval of the amended plat ATTACHMENTS: · Location map · Plat · Development Review Committee memo Prepared by: Agenda Item No. 2 - Page 1 12 I U ltJ;; I~ IR ~L II IRl "'^YSIl" D" ,.... . " _ '" _ c=r== :p.----.'-------.G--t;-.A.b--€- ---.-r.t-o"1'l.-o--.----.--------"--.----.-" .._.._u_______..__._.._.._____ .---- ..----- I~ 2~ , IR 2R 3R .R "" OR D.... OR qR ,'"' IIR 12R 13R 81 I. II l2 13 ,. IS \ 1 I'1 1\ Il~ ~ LN I f j o 12'\~ Location Map Case P-03-012 - Amended Plat r: .S E :;:; m ~ ~_5~' ;.,....""='>:: jm c~-': :...; ; "Z_~ ~,~~ ~ 11-. 2 ~ ~fir :U; ""'" of- :.... <l.-7c... . ~iH .s ~c.s ~ S '::'~~ _ -f_C-; ooi '0 ;t: dl"t:'1: ~=~~ ;:..:; C IT. Q;;; - ~:E~ "',a: ...... 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'"""\ I ......:l~C~~ ~!:;H~ ~ ,rn "" ~ 1:\,.!l.....J: >- - :z:,,"20 :!l""q~ I'" O ..,~~ J.:i=!l- l'fiI!I'i\i, U f3 : ~ .:! : } .! ~ D'J~~ Dd~i.5"'O ~ "'~ f~'il ~ ~:e~1~ '"' ~ E _ U I!~ ~~ H i I O~Z~~I-I ~. 0" <~;;l ! "'" ,il~ ~1i:J 'I 01 ~E:f 11 ~!,I U ~I!~;;~ >'2= -.~~ 'I C".' .....!l:g-, ~ ~ ...~ J~; ,-:~:! >-. ~...l)( : "':,! ..,.,. ::; ~ lie 'I I":: .... ~ Q~ '-'::: ~ ~ jJ I :1 r~. '" ~ t '0 i -----1----' vel :~ '" li ;: ~-= ~~ ;-:: . < ~s ,:; ..~ 'no: ~~ f-~ ~~ ~!Z ..e~ t;8 ~~ g~ .zi ~c I'l::~ "!';l" = . ,,~ i'~ g~ u. ~ 5 :~ .2 .5 ""'~ a .= le~ ~~ :0..- 0-" '-~ ~'~ -" c < ~H ~ Q<n c..",=, ~.!: ~ ~ i r~ ] =~ I 2'0' ~. ,. , .; ~ 11.' '" ~. ~~~ ~ - l. ; ill! i , I 1:5 I~ Ie I 1 I I I 1 I ! i ~ ~ ~ ~ < i: ~ ,- 17 i. !:S I~ i~ I~ 8 - I <<> - ,.~,~fb" ;; / I .!;;r II c' i 1!!~I;I<':l ':,! I ! i I' t1 ~ u\, Ii' 'I !i.- 'J i ' I~I' o I: ,~ Ie D ,- ~ ] :~ Ie; !Z I ~. '"' (" '"' '" ,c.: 6f--: -q-~ 'f) 0..:_ .::..:,' CL ~ / jC\l ~'t::. ., ;;: Q::; ....... <'l~ E-<;;'; 0'::" ...J F)Fjt '" ~ ...; :2 S .. i- .:::..... " ~"~~ .~. LL ~' 00, , cr":' Q~ .--' ./ \--.' ::.:; ;;r--- 1-...7 .tnn;,. ':c ~ cD N... \- ~~ . ~-, ',7" G{) ~'.J ;QJ .." i ~ I tl-_j f, I - -_.._.-_.._~-- ------ ----.-- _.--~..----_.----------_._------------_._-- --- - ~------- -. --_.-~-- r .=j 'I.; CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE May 29,2003 FAX TO FAX NO Ronald Gentry o Jason Rawlings FROM 817-685-7929 0 817-282-0401 Clayton Husband, AICP, Community Development Manager SUBJECT P-03-012 Amended Plat - Brook Meadows, Block A, Lot 3lR The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. PLAT DRAWING 1. The volume and page for the new deed should be added to plat before recording with the County Clerk's office. 2. There are no City utilities located in the easement proposed for abandonment. The owner should coordinate with the franchise utilities for locating existing lines before construction. Call 1-800-DIG- TESS to have the lines located. This is a free service. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, June 9,2003,7:00 p.m. not required RESUBMITT AL REQUIREMENTS None. Please contact me at 817-577-7587 or husbandc@cLcollevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE P.O. Box 185 - COLLEYVILLE, TEXAS 76034 - 81 7.577.7587 cce@ 1'exas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 9, 2003 Z-03-011 - Public Hearing - Request for a Special Use Permit for an Accessory Building on Lot 3, Block 1, Hidden Acres Addition, located at 1212 Holly Lane STAFF REVIEW COMMENTS Kerry and Jeff Avery are the owners of a 2.3-acre lot located on the south side of Holly Lane, north of John McCain Road. Steve Michelis and Jode Wilson have the property under contract to purchase, and would like to construct an accessory building on the property. However, the proposed size of the building exceeds the size restriction required by the accessory building regulations. The prospective owners have applied for a Special Use Permit (SUP) in order to construct an accessory building on the property. The proposed building is an enclosed barn structure, and would be located nearthe middle rear of the property. The structure is 30 feet wide and 60 feet long, comprising 1,800 square feet. The building would be constructed of metal, and would include roll-up garage doors on two sides. The location of the building is proposed for the rear of the lot. According to the application, the owner would use the building to park classic autos and a truck. There is an existing building on the lot that is approximately 657 square feet in size. 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 1,750 sf for lots between 1 and 2,457 sf 2.99 acres in size 2. Max. Number of Buildings 3 2 3. Side Setbacks 5 feet 63 feet and 180+ feet 4. Rear Setback 5 feet 20 feet 5. Max. Height Not exceed height of primary exceed height of house 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 between 1 and 2.99 acres in area, the size of all accessory buildings is limited to a total of 1,750 square feet. The applicant's lot is 2.3 acres in size. There is one existing building on the site that counts towards the total square footage. With the existing building and the proposed building, the total square footage of both accessory buildings is approximately 2,457 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 height of an accessory building cannot exceed the height of the main house on the property. The existing house is single story with a lower pitch roof, and the height appears to be 12 to 15 feet. The proposed building does not have a specified height, but the drawings submitted with the application indicate the building would be 10-12 feet in height. Conversations with the prospective owner suggest that the house would be renovated and a second story added to the house. If this occurs, it is possible that the accessory building would be lower in height than the house. Staff mailed notices to 8 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. Staff received a petition in opposition to the request on June 5, 2003. The petition is signed by 5 property owners on Holly Lane and Hix Court. The property owners object to the construction, height and use of the proposed building. The petition indicates that the applicant described the truck to be parked in the building as a "portion of a tractor trailer type rig, a ten wheel diesel truck/sleeper combination vehicl~." Section 94-5 of the Colleyville Code of Ordinances allows the parking of one commercial vehicle, excluding trailers, to be parked in the rear yard of a lot that is 2-acres in size or larger. 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: June 9, 2003 City Council: July 1 and July 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 · Correspondence · Draft Ordinance Prepared by: sband, AICP evelopment Manager Agenda Item No. 3 - Page 2 \l.O~ ,\\y.tisf., CO c, 0 \.J .' 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" \: 30 J TA ] J.7F>3 AC TR 30 J~L qlt AC TA , 1111.C\ . 2T ,. n 11 22 22 7 " 281 ., '2 53 6 'J 3G ~,~ 21 " OJ 5B Location Map & Area of Notification Case Z-03-011 - SUP for an Accessory Building !OO'~ L[ Mutr L, Ll.OOS 6 ---- IN3~3SV] ).,lllUn .9 ~ N ~ o -1 i Ii g I . (~ j o ~ r'" .I l ~-u 00 ~ co (J) CIJ ~- "'- r--) 0.1 U) Nl n Ij- r ,3~'l)'\ I~;:~V 6 Ilr8~:f\5 I <1: \- \ ! L ! --<O-TJ \ 8 L .J \ ~ ~~ ~ \ U~) I ~ I ~ iL I .. ,. I J I i C'l ),::; ~ ~ f- ~ :s ) w w (f) >- , <( ~3= ~C5 :s:~ ~ ~ 023 ~-~ o LiJ C\1 "- C\l '" lN3J11]SV3 Millin ,9 . - - G:'l 1 '> '---'I 0 r-.... "<f- I . ~ c/) ..... 0 -1 W -.J < U V"l ~ --- ,.,,~-...~=- --.-.....---- 3"t lc lG.OON N ~~ ~ei ~& ~8 ~g ,~ 30ft. N I "- 0 0 Q CD t:n ~ ctl (!) "- ctl t) C\I - ctl ~ ~ , '0 C\I I C C\I 60ft. 60ft. 12-15' Full length Garage Door ~ 30ft. a CD c:: .9 CI,) ~ .Q .Q <3 s Accessory Building Variance ---Special Use Permit 1212 Holly Lane (Lot 3 - Block 1 - HiddenAcres Addition) This request is in reference to the above property, currently owned by Jeff & Kerry Avery and potential purchasers Steve Michelis and Jade Wilson. RE: Land Development Use Code (page 3-62 and 3-63) Paragraph 3.27.A will be adhered to with the exception of total sq. ft. on premises. The request is for a variance to the total number of square feet permitted on the property as accessory buildings. The property falls within the 1-2.99 acre lot size. The proposed building is Approximately 30' wide and 60' long, about 1800 sq. ft. in addition to the secondary house already located on premises. There will be a rollup (garage type door on one end and also a smaller garage type door on one side). The building will be used to park classic autos and a truck. The residents of the neighborhood are being contacted with regard to their agreement on construction. Board of St. Marys Ch Dallas C/o St Marys Coptic Orthodox Ch PO Box 851553 Richardson, TX 75085 Kurt & Donna Kauffman 1208 John McCain Road Colleyville, TX 76034 Frank & Natalie Genco Frank & Natalie Genco Family Trw 1104 John McCain Road Colleyville, TX 76034 Jeffrey & Karen Avery 1212 Holly Lane N Colleyville, TX 76034 John & Susan Perone 1216 Holly Lane N Colleyville, TX 76034 David & Sherran Washington 7300 Hix Court Colleyville, TX 76034 Donald & Donna Black 73 15 Hix Court Colleyville, TX 76034 Steven P Michelis & Jode Wilson 1005 Winding Creek Drive Grapevine, TX 76051 Case Z-03-011 (Notices dated: May 27,2003) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy q-- Planning & Zoning Assistant 'Th oe:lury of :I Mor'ton building IS thJt it's such a functional building, but it's also very aesthetically .....c......r-'" ~" '~' :: . "-:,Di":':, _,--' C June 4,2003 We the residents of Hidden Acres, an addition to the city ofColleyville, and surrounding residents object to the petition for a special use permit case number 2-03-011, described as follows: A request by Steven Michelis & lode Wilson, for a special use permit for an accessory building located at 1212 Holly Lane. The applicant states: "The building will be approximately 30' wide & 60' long, about 1800 sq. ft. in addition to the secondary house already located on premises There will be a ro//up (garage type door on one end and also a smaller garage type door on one side). The building will be used to park classic cars and a truck. ".-t The applicant for this special use building permit has described the said truck as ,t the portion of a tractor trailer type rig, a ten wheel diesel truck/sleeper combination * vehicle. ,- We object to the construction of this oversized building, (that will also require significant height), as well as its intended purpose to park an oversized truck in our residential community. As Hidden Acres residents we have no intention of agreeing to a revision of covenants and restrictions to allow the operation and storage of this type of commercial vehicle in our neighborhood. ;<-:i ;~~{ :-- '" ". Dc Kc H, + Tin" JS( clW"-' I#'/[k Ik 7 .:so~ ftl '/ a. I Resident's Signature c:A~~ ~ Q~~ ~t~ ~~4~L Resident's Name and Address \ \ ~ So.. S Gt V"'\ ~Q {U -...<L. \'2... \ ~ \-to llj kA. N....- .... J 0'" 1'\ U"u ~ _ . _ _ i ~o ~ ~u...li LAJ Y IT J ,.h f K f't etZ j} -.J ft-(l? m-t:> / ..z>p~;r .Do"')~/,? ~/?L'.k 7"3/"> $X ~I 7.J.(h1 (..f, If r Jt:'(( J. [,It-Se f(~"r 3' JUN 0 5 2003 - . . " :'" I ',: I . " ,. t T ~-- ~ ~= \ .;. , , J 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 LOT 3, BLOCK 1, HIDDEN ACRES ADDITION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Steve Michelis and Jode Wilson on May 19, 2003, under Case No. Z-03-011; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 3, Block 1, Hidden Acres Addition, 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 two thousand four hundred fifty seven (2,457) square feet. b. The location of all buildings shall be consistent with the drawing attached as Exhibit "B". c. Any accessory building shall not be used for commercial purposes, other than those uses permitted by the Land Development Code or Colleyville Code of Ordinances. 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 pu blication. 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 Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney