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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-7/28/2003 city or Texas AGENDA PLANNING AND ZONING COMMISSION City Council Chambers - 5400 Bransford Road Monday, July 28, 2003 REGULAR MEETING: 7:00 P.M. CALL TO ORDER ROLL CALL Chairman Jeff Wall Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall INVOCATION PLEDGE OF ALLEGIANCE APPROVAL O"F MINUTES Commissioner Culley July 14, 2003 CITIZEN COMMENTS AGENDA ITEMS 1. Case P-03-013 - Minor Plat of Lots 1 & 2, Block 1, Paradigm Estates, 1.0 acres located at 1112 John McCain Road 2. Case P-03-015 - Minor Plat of Lots 1 & 2, Kamego Addition, 3.1494 acres located in the 200 block of Glade Road on the north side of the road . 3. Case Z-03-016 - TABLED ITEM - Amendment to the Land Development Code regarding the Sign Board of Appeals 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 P.03-016 - Minor Plat - Lot 11, Block 2, Heritage High School Addition, 0.9623 acres located at 4215 Gateway Drive · Case P-03-0 1.-7 -. Final Plat - Beldon Hollow, 11.128 acres located on the south side of Glade Road in the 2100 block · Case P-03-018...,. Final Plat - Whittier Heights, Phase 11,4.128 acres located on the north side of W. McDonwell School Road in the 400 block Planning and Zoning Commission Agenda - July 28, 2003 Page 1 of 2 -~-~-- . Case P-03-019 - Final Plat - Old Grove, 45.459 acres located west of Westmont Add'n & north of McDonwell School Road . Case P-03-020 - Minor Plat - Lot 1, Block 1, Post Addition, 1.630 acres located at 4600 Patterson Lane . Case Z-03-017 - Zoning Change from R20 to PUD-C Planned Unit Development-Commercial on Lot 17, Block 2, Fairway Addition located at 8504 Precinct Line Road . Case Z-03-018 - Zoning Change from CC2 to PUD-R Planned Unit Development-Residential on 7.160 acres located in the 4300 block of Brown Trail on the west side of the street . Case Z-03-019 - Zoning Change from CN to PUD-R Planned Unit Development- Residential on 3.94 acres located at the Northeast corner of Cheek Sparger Road & Steeplechase Drive . Case SP-03-010 - Site Plan for Hartford Realty Group Office Building located at 8504 Precinct Line Road . Case G-03-025 - Sign Variance for Ebby Halliday Realtors located at 4508 Colleyville Blvd. ~-- . Case A-03-005 - Variance request for a side yard encroachment located at 1300 John McCain Road 7. Commissioners' Comments and Reports ADJOURNMENT I, Jan Levy, certify that this agenda was posted on the Bulletin Board at City Hall on Friday, July 25,2003 at 4:30 p.m. Planning and Zoning Commission Agenda - July 28, 2003 Page 2 of 2 (f1 MEETING MINUTES - July 14, 2003 l'exas CALL TO ORDER Vice Chairman Jones 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. Commissioners Jeff Wall & Bud Sellers were absent. Barry LeBaron, Clayton Husband, Jeff Jones and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Kelly. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES June 9, 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-03-013 - PUBLIC HEARING - Zoning Change from AG to CC1 Village Retail on 0.50 acres located at 5313 Pleasant Run Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Vice Chairman Jones opened the public hearing. Those present wishing to speak were: Bob Davis, applicant, spoke in favor of the case and told the commissioners that the purpose of the zoning change was to make the property more marketable. He said the property is listed by Ebby Halidy Realtors. Mr. Davis said he visited with the Baptist Church officials and they did not express an interest in purchasing the property. The public hearing was closed. Commissioner Culley said it appeared that the owner has done the due diligence necessary for the zoning change. Commissioner Kelley moved to recommend approval of the zoning change to CC1. Commissioner Culley seconded the motion. The vote being: Planning & Zoning Commission Minutes - July 14, 2003 Page 10f6 (Draft Copy- 7/17/03) Ayes: Kelly, Culley, Swift, Byerly, Jones Noes: None 2. Case Z-03-014 - PUBLIC HEARING - Amendment to Ordinance 0-02-1370 (PUD-C) on Lot 1, Block 1 Highway 26 Industrial Addition, located at 6804 Colleyville Boulevard Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Kelly asked questions about the fire sprinkler requirement. Fire Marshall Jeff Jones responded this applicant is difference from the applicant who requested the original SUP because they plan to use the building as a paint and body shop. Commissioner Jones commented that there was a compelling reason for previous approval of a SUP for the Stowes as they are long time residents of Colleyville. There was discussion by the commissioners about the cedar screen fence, and potential sales taxes associated with a paint and body shop. __~_ Vice Chairman Jones opened the public hearing. Those present wishing to speak were: Stephen Little, applicant, said the owner of the building is a long term Colleyville resident. He said the property is zoned ML and the paint and body shop will be set back away from existing businesses. He said the cedar screen fence is on the rear of the property. He told the commissioners that he has received inquires from other businesses wanting to lease the building, like a roofing repair business, a contractor who needed outside storage, and a dance recital hall. He said the paint and body shop would be the best use for the building and the prospective tenant is a Colleyville resident and will sign a three year lease. Mr. Little said the SUP will expire in three years. There was no one else present wishing to speak and Vice Chairman Jones closed the public hearing. Commissioner Culley said he does not know the prospective owner of the paint and body shop, but he has heard that he helps in the community by working the Chamber of Commerce and is the type of person who wants to be a good neighbor and work with the community. Commissioner Byerly said he would entertain discussion on what is the description of a "vehicle awaiting repair". There was discussion about what types of vehicles could be restricted or if the provision can be more clearly defined. It was determined that the City has regulations regarding storage of junk vehicles and can enforce those regulations. Fire Marshall Jones told the commissioners that the applicant will work with the City regarding screening and the access of emergency vehicles. Commissioner Swift recommended approval of the amendment to the Special Use Permit. Commissioner Kelly seconded the motion. The vote being: Planning & Zoning Commission Minutes - July 14, 2003 Page 20f6 (Draft Copy- 7/17/03) Ayes: Kelly, Culley, Swift, Byerly, Jones Noes: None 3. Case Z-03-015 - PUBLIC HEARING - Zoning Change from AG to PUD-C on 4.307 acres located at 6521 Colleyville Blvd. Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. There was discussion about item #6 in the staff briefing being broader than what is in the PUD- C and how that statement needs to be deleted. Commissioner Culley said the recreational vehicle storage appears to be next to residential homes. He said the ordinance has a 40' setback for buildings and temporary use setbacks are not included in the ordinance. Vice Chairman Jones opened the public hearing. Those present wishing to speak were: Janice Hodges, 805 Beverly Drive, represented the case to the commissioners. She said her husband Craig worked with Mr. Jackson, the original owner, at this location in 1986. She said the purpose of the PUD is to bring the current uses into compliance. Ms. Hodges told the commissioners that they currently employ three mechanics and she is also on staff. She said they have a small U-haul franchise and allow a couple of people to park their recreation vehicles on the property. She said they removed the junk vehicles and they have mowed the property. Ms. Hodges said they are in need of extra sources of income and they are willing to keep the recreation vehicles 10' away from the property line and can plant bushes. There was discussion with the applicant and commissioners about the residence on the property being leased to a man who owns a construction business; potential security plans for the RV storage; the maintenance of the surface parking areas; landscaping; security lighting; and the need to meet with the neighbors in Ross Downs. Kenneth McEntire, 6608 Baker Court, spoke in opposition to the case. He said the RV vehicles have never been parked 10' away from the fence, but are parked up against the fence. He said he knew the auto repair business was there before they purchased their house, but there should not have been any increase in the use. Mr. McEntire responded to the commissioners questions and said he would want landscaping and barriers. There was discussion about what kinds of barriers and what the current condition of the fencing that is there now. They discussed putting controls into the zoning that provides for setbacks from property lines, landscaping, security lighting, access, and parking areas. Mr. McEntire said there are areas that are not being mowed and the City needs to enforce what is going on now. Dave Dudziak, President of the Ross Downs HOA, 2301 Wilkes Court, spoke about the last rezoning request considered for the property and how the HOA was eventually in favor of that project. He said this request is not well defined and any business in the area needs to try to achieve the standards Colleyville expects. He said there are too many outstanding issues such as the parking of vehicles. He said the previous development considered on the property Planning & Zoning Commission Minutes - July 14, 2003 Page 3 of 6 (Draft Copy- 7/17/03) was going to meet a setback of 30 to 40' and he wants to see more work done on this current project. Greg Flowers, 6614 McMakin Court, spoke in opposition. He expressed concerns about the planning for the site being too broad. He said there could be problems associated with the noise, the lighting, the number of vehicles parked close to Ross Downs, and polluted run off. He said he can see the tops of vehicles from his yard, there is high grass, and the property is not being maintained. Mr. Flowers said the planning sounds too haphazard and he wants buffer areas and hard surfaced parking area. He said they need to do something better. Jim Graham, 6616 McMakin Court, said that 40% of the Hodges property backs up to his lot. He said the plan is not well thought out and this zoning change will legitimize a business that does not qualify under current standards and will lower home values. He said the City has not followed through on cleaning up the property, the dumpster smells, there is a mosquito problem, high grass, drainage issues, and large amounts of lost top soil due to the runoff because the asphalt has been poured up to the fence. Mr. Graham said that the Hodges property is approximately 5' to 6' higher than the Ross Downs lots and the needed pavement for th~storage-wittincreas-e-th-e ronoff:-- . ---- Ann Mooney, 404 Oak Valley, said she has known the applicant for 20 years and she does not see garbage and overgrown grass. She said the City needs to keep the business open and the business was there long before the residents in Ross Downs moved in. Jim Graham spoke again saying when Ross Downs was developed years ago only Hodges Automotive was on the property along with horses. He said he has issues with the City allowing other businesses to operate on the property. Connie Hampton, 5804 Pleasant Run Road, said she is Craig Hodges' mother-in-law and Craig has worked hard and supports his family without having to be on welfare because of his disability. She told how Craig helps out the senior citizens in Colleyville by working on their cars with being honest and charging fair prices. She said he has tried to work with cleaning up the property and people did not complain until the last zoning change was filed on the property. She said they were not planning on having a big operation for the RV storage. Jim Hampton, 5804 Pleasant Run Road, said that he worked as a volunteer fire fighter years ago for the City of Colleyville and the people in Ross Downs are living on top of buried trash, horses, and equipment, so they shouldn't be so excited about pollution. The public hearing was closed. Commissioner Culley asked staff what businesses should be included regarding the grandfather clause. Barry LeBaron explained about non-conforming businesses and the relationship to the adoption of the Zoning Code in 1978. He explained how he has worked with Craig Hodges and spoke about the enforcement measures that the City has taken. Commissioner Swift asked what would happen if the zoning change request was not approved. Staff responded that the debate would continue about non-conforming businesses and it will Planning & Zoning Commission Minutes - July 14, 2003 Page 4 of6 (Draft Copy- 7/17/03) a_..... _~_a ..~~ ~......_~_.....~_~~__~______.~___..___......~......-...--_......-.__~~__..___"-"'---"""~'_'____""~~'~__________'.~_~~__~_____..._~_~~____~~______4..__O".....___~~.__4'_. be difficult to identify what uses will continue. There was discussion about the issues that were worked out on the last zoning change requested on the property because of the history of neglect, and how this new request is too vague. [NOTE: The Vice Chairman called for a 5 minute recess. The commissioners returned after a 5 minute break and discussion of the zoning change request was continued.] The commissioners entered into discussion about the vagueness of the request and said they would like to see the number and location of surfaces planned for the RV storage, a maintenance plan for the property, security lighting plan, safety concerns addressed, and the concerns of the citizens need to be addressed in order to maintain the values of their properties. It was suggested that the cost of replacing the fence along Ross Downs could be a shared expense. Commissioner Byerly said this is not the best use for the property, but it is already there and the argument will continue. He suggested adding some restrictions to the PUD-C ordinance. ~()mmi~sion~r Culley moved to recommend de_llial of the zf)ning _change request based__ on the grounds that a compromise needs to be made. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones Noes: None 4. Case Z-03-016 - PUBLIC HEARING -Amendment to the Land Development Code regarding the Sign Board of Appeals Barry LeBaron presented the case to the commissioners and reviewed the staff briefing. Commissioner Culley asked if staff has received any feedback from the Zoning Board of Adjustment members. Staff responded that they spoke to the members a while back and they recently mailed the Planning and Zoning Commission briefing to them. Commissioner Swift asked if there are other communities who have assigned the tasks to another Board. Barry responded that in small communities it is not unusual to have boards consider other items than land variances, especially when there is a low case load. Commissioner Culley suggested waiting to get feedback from the Zoning Board of Adjustment members and Commissioner Swift said that perhaps they are over-intellectualizing the matter. Commissioner Culley moved to table the item. Commissioner Byerly seconded the motion. The vote being: Ayes: Kelly, Culley, Byerly, Jones Noes: Swift Planning & Zoning Commission Minutes - July 14, 2003 Page 50f6 (Draft Copy- 7/17/03) 5. Discussion of the Master Plan Update: Staff said they would poll the commissioners as to what date they could all attend the last Master Plan Workshop. 6. Staff Comments, Reports and Discussion Items: There were none. 7. Commissioners' Comments and Reports: There were none. ADJOURNMENT ----lITe Commission adjourned the meeting at 8:50 p.m. 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 - July 14, 2003 Page 6 of 6 (Draft Copy- 7/17/03) .~ TexaS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: July 28,2003 P-03-013 - Minor Plat of Lots 1 & 2, Block 1, Paradigm Estates, 1.0 acre located at 1112 John McCain Road. STAFF REVIEW COMMENTS: Joe Tirk is the owner of a 1.027-acre parcel of land located on the north side of John McCain Road, just east of Shalimar Court. The owner's representative has submitted a Minor Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will create two lots for the construction of new residences. Zoning. The property is zoned R20 Single Family Residential. A zoning change to R20 was approved by the City Council on July 1,2003. Right-of-Way Dedication. The owner is dedicating approximately 20-feet right-of-way for John McCain Road adjacent to this property. John McCain Road is classified as a Minor Collector roadway on the Thoroughfare Plan. A Minor Collector roadway requires an ultimate right-of-way width of 75 feet. The owner is required to dedicate sufficient right-of-way to meet the requirements of the Master Thoroughfare Plan at the time of platting. Parkland Dedication Fees. The payment of parkland dedication fees is required for this development since one new vacant 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 John McCain Road is considered an unimproved street and the plat contains more than one residential lot. 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. The amount due for this property, based on current ordinances, is $14,165.88. The City Council denied the owner's request for a waiver of this requirement, and the funds must be escrowed with the City prior to the issuance of a building permit on this property. Sidewalks. The Land Development Code requires sidewalks along John McCain Road. The sidewalk must be constructed at the same time any new structures are built on the lots. The sidewalk must be at least 5-feet wide. Alternatively, the owner may escrow an equivalent amount of money for the future construction of the sidewalk at the time of building permit issuance 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 ATTACHMENTS: · Location map · Plat · Development Review Committee memo · Surveyor Correspondence Prepared by: Agenda Item No. 1 - Page 2 _~c__~___m_" ~~o1\ 't\\1t~s'i> (,0 GO\'" c#J )~~ t,\COr{ ue J.- f3 S 103 ...t P. - V l' p.V ~ ~ IAI 42.5Z6 AC A 301 .22 N; TR 3SS .54 AC TA "'" TA 3S .!i3 AI: .69 AI: .'.!l.'lS: 3 .'J'.lt "tfoi-iWZ TA JA TA ~O" .87 At 39IE 'ii!!!" . TA 3H .31 .611 At AC .- 1ft 3Ll 'fIC '-' .~8 AC C~~f{gs . . ., 'A 3lJ .., ;; .6 At TR 3KK @J .5Q AI: ~ 1 TR 3PP TR JJ .6" At .53 At. oBJ!:1< Cl'- O~ 136p.F~'fJo.1'l pL~ ~ '9 1.2" AC 15 -. ~Y--- -- /-_2!:':'_. ._.~.:!!._- TR3E f-f.Fi,.r.'r!LC .6 ... ~ ..1AJ.'AU ~%~~ ~ TR 3918 .- ._~.~~~-- -r--- --7'---- '----7'- TR 3D lR 382 .81 . .4 At -----"g--7--:: . .__.. ~._..___ .________.._..____.___-i''iie---.-h------..-..-n----------..-- '2" I. 3 3.763 AC T" J(] PI. q21 AC ! ! ! i HI 3D] i .16 AI: t ! i ! i i ! T" I 11. ~ . 58 Location Map Case P-03-013 - Minor Plat - Paradigm Estates . "6 10 "-E 11=20' rr:r:J PLAT lOT JR. J.e. E.'M6 ~68 '4. .,20 IV- D.R.lcl 110Cl u VlR.. 9l45~ PC. 1145 D.R.I.c.t. N86' 27'31"[ 7.t ~JI! !JYIYJJSEYQ!I ----- ", . IW.1 6llJf11 SI.fIIIlY, A- !(JJ7 '-1---'-.--.---'-.-'-----'-'-.-'---'-.-----'---.-'-. : 1-1 STOI( 1m HOUSE . ~ fWl~ ro 8E[R~lMD ~ lOT 1 ro BE RElIlMD .--J ~I 0.469 acres lSi 20,418, sq, ft jl Ii cI ..,1 ....., I I I I I -+----__ /1/ I -----621----.-/!. " ~ -i- - - - - - - - - - - - - -- - - - ~~;:~ - =--~=--- -- I / I I I I . I 11 ! i L-----.... .-, I L.___ i L-,! i ! i I ! fRAIIE RESllfJICE TO BE OMD ,/ I ./ / .---- 208.79' I/f. ....-. ..- ..., ... .. ....---..\ fRHI[ IlHlN : : 10 BE iIDMMD i :L.. _---.....-.-J -- ls ~ ~ I~ 19 Ii :1 ~ 1= C"'i ti it . I ii-t c-.. ,..... c-.. ._._._._._._~~~~~-~~~._._._._._---_.~.- HI? IfAL1 SIJIi'IfY, A- !/7J I I ~ I a! I .... I lOT 2 0.470 acres 20.481, sq, ft -I ! j ~ o = <0 = en _~~_~__ h_____.__ _ _ _ _ _._u ___ ___ 102.61' l'l'CI! ------ ------- - - - ----------.--------- --- - - --624" +--- - i .1..._ _._ ~ _CENlUIlIHt: JOHN McCAIN ROAD . VARIH!E '1lIllH RO." C" -. : _.) / CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 1, 2003 FAX TO A wad Eskander ~ Johnny Williams FAX NO 972-745-8519 ~ 817-560-2996 FROM Clayton Husband, AICP, Community Development Manager SUBJECT P-03-013 Minor Plat - Paradigm Estates 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 plat shows existing structures on the property. Will any of these buildings be removed in the future? If so, note on the plat which buildings will be removed and which will remain. 2. Add the dimension to the common lot line between the lots. 3. A 7.5-foot wide DRAINAGE AND UTILITY EASEMENT needs to be added adjacent to the north, east and west boundary lines. 4. Show the area (square feet) ofthe property being dedicated as right-of-way. 5. The approval block on the plat needs to be revised as shown below. PLANNING AND ZONING COMMISSION APPROVAL WHEREAS The Planning and Zoning Commission of the City of COlleyville, Texas voted affirmatively on this _ day of , 20_, to approve this Plat. Chairman, Planning and Zoning Commission Attest: Secretary, Planning and Zoning Commission P.O. Box 185 - COLLEYVILLE, TEXAS 76034 - 8 I 7.577.7587 DEVI;L.QPMI;NJRJ;V!!;W_ CQMMIITJ;E P-03-013 PARADIGM ESTATES 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 John McCain 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 $14,165.88. The owner has requested 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 FAMILY 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 John McCain Road. The sidewalk must be constructed at the same time any new structures are built on the lots. The sidewalk must be at least 5-feet wide. Alternatively, the owner may escrow an equivalent amount of money for the future construction of the sidewalk at the time of building permit Issuance PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, July 14, 2003, 7:00 p.m. (pending approval of zoning change) not required PAGE20F3 DEVELOPMENT REVJ.eYV COMMITTEE P-03-013 PARADIGM ESTATES 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 of the revised Minor Plat drawing · one 8 W' x 11/1 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, July 9,2003 in order to make the scheduled hearings. Please contact me at 817-577-7587 or husbandc@ci.collevville.tx..us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE30F3 WHITFIELD - HALL SURVEYORS 3559 WILLIAMS ROAD, SUITE 107 FORT WORTH, TEXAS 76 I I 6 8 I 7-560-2916 FAX: 8 I 7-560-2996 7/18/03 TO: Clayton Husband, AICP, Community Development Manager Ctiy of Colleyville P.O. Box 185 Colleyville, Texas 76034 RE: Paradigm Estates - P-03-013 Plat Review Comments Mr. Husband: I have reviewed the plat comments on the above referenced platting case, and I have addressed all of the comments. I am returning the required copies of the plat for your review. If you have any questions please call me at 817-560-2916. Thank you for all of your assistance in this matter ~~,~ JUL 112003 <~<~:.:<_J -:- ~- .~ Tex.as PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: July 28, 2003 P-03-015 - Minor Plat of Lots 1 & 2, Kamego Addition, 3.1494 acres located in the 200 block of Glade Road on the north side of the road. 5T AFF REVIEW COMMENTS: Albert and Claire Kamego are the owners of a 3.1494-acre parcel of land located on the north side of Glade Road, across from the Mill Creek subdivision. The owner has submitted a Minor Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will create two lots for the construction of new residences. Zoning. The property is zoned R40 Single Family Residential. The R40 district requires a lot width of 150 feet, a lot depth of 150 feet, and a lot area of 40,000 square feet. The proposed lots exceed these requirements. The lots are 158.77 feet wide, 429 feet deep, and exceed 61,000 square feet in area. Right-of-Way Dedication. The owner is dedicating 47.5-feet right-of-way for Glade Road adjacent to this property. The area being dedicated includes a portion of the existing roadway, as the property corners are located in the street. Glade Road is classified as a Minor Arterial roadway on the Thoroughfare Plan. A Minor Arterial roadway requires an ultimate right-of-way width of 95 feet. The owner is required to dedicate sufficient right-of-way to meet the requirements of the Master Thoroughfare Plan at the time of platting. Parkland Dedication Fees. The payment of parkland dedication fees is required for this development since two new residential lots are 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 Glade Road is considered an unimproved street and the plat contains vacant residential lots. The owner 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 $24,895.98. The owner will be requesting a waiver of this requirement from the City Council. The owner's surveyor has addressed all Development Review Committee comments. 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L..111UlLlL 0 .~ ~ .. II .0 +-(ro f I o ... j I I I 1 I.. Ul i! '" If >< OJ 1'3 f-- " 1: ~ .Iii ~ ~~ 0 - '" -m.~ !~ ~ ,j ,c =~ ~o 5$.,-,-.; ~: --1';l ~;- "Sn " " ~ ~j z,c ~i o t:lw ~o ~: " I _~w I "z i~ ! --~- -- \ [ 3.1ma )Ul.'ifif;) 77lW 1 I ~ ro CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE July 15, 2003 FAX TO FAX NO FROM Jason Rawlings ~ Bill Jefferies 817-282-0401 ~ 817-442-4832 Clayton Husband, AICP, Community Development Manager SUBJECT P-03-015 Minor Plat - Kamego Addition 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 deed reference in the owner's acknowledgement does not match the information available from County Clerk real property records (via the Internet). Our records show the deed page as 1043. Verify and revise the plat if necessary. 2. This property is zoned R40 Single Family Residential. The R40 district requires a front building line of 40 feet. Revise the plat accordingly. 3. The right-of-way for Glade Road needs to be verified. Tie down the existing right-of-way with monuments on the opposite side ofthe street. Additional right-of-way dedication may be required depending upon the existing right-of-way width. 4. Glade Road is classified as a Minor Arterial roadway on the Thoroughfare Plan. A Minor Arterial roadway requires an ultimate right-of-way width of 95 feet. The required right-of- way dedication along the frontage of the property is 47.5-feet from the centerline of the existing right-of-way. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the plat. Since two new vacant lots are 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 ofthe plat. The fee for this plat is $3.604. P.O. Box 185 - COLLEYVILLE, TEXAS 76034 - 817.577.7587 DEVELQf'MENT.REYlEW~.CQM_MIITEJ; P-03-o15 KAMEGO ADDITION 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Glade Road is considered an unimproved street and the plat contains vacant residentiallots. The owner 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 $24,895.98. 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 writ for SINGLE FAMILY 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 AND TRAILS. The Land Development Code requires the construction of a hike and bike trail along this property's frontage on Glade Road. The trail is required to be 10-feet wide. The trail must be constructed at the time building improvements are made to this property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, July 28, 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 of the revised Minor Plat drawing one 8]/2" 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 . . PAGE 2 OF 3 _ ~_ ~Q_~~~BEVIEW COMMITTEE~~~~,~~,~~~ P-03-D15 KAMEGO ADDITION The revised drawings must be submitted no later than Wednesday, July 23,2003 in order to make the scheduled hearings. Please contact me at 817-577-7587 or husbandc@ci.collewille.tx.us if you have any questions. I C: DEVELOPMENT REVIEW COMMITlEE PAGE 3 OF 3 Perimeter Street Improvement Estimate , ,- - -, , - -~"",,,,"'--"""'''-'''',''''''=''''-''_'''''_-_''=''''_"''''''-'''-c-"'''''_''-~"'~"'-"~_'OO=~"""'__"="""=,'="-_"'-"''''-~'-,"=-"""..'""-,,,'''--__''''_'''''',,,-==":'-...=~,=""-~===-,-,-"~_"~,-"~_,,,,c".=,=,___,.__,-,,-=,,,,,,,,,_,,~__~,="""_L',-"=-~"_,:,-"",-,="""-",~',-,_~"",,,,,,,,,,==""'-.:_=-,---,-,,C-'="-==='~="'"~-="-""~,~"'-='~==__,,====,=". Perimeter Street Escrow Estimates Estimates for Residential Streets (6" thick reinforced concrete) Location : 200 block Glade Road Lot frontage: 317.44 ft. Amount Based on New Formula - Ordinance 0-01-1314 $ 44,054.32 Linear feet x 138.78 0.56512 Adjustment factor based on amount of frontage over 100 feet I $ 24,895.98 IAdjusted amount due $ 78.43 Cost per linear toot David C. Moal(iSnrveyors, Inc. Keglstered 1'rolessl~1 LaM :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 July 18,2003 Clayton Husband City of CoUeyville 5400 Bransford Road Colleyville, Texas 76034 Re: P-03-015 Minor Plat - Kamego Addition Dear Clayton: This letter is to inform you that I have made the following revisions to the above referenced plat as you requested: I) The deed reference has been corrected to reflect the actual beginning page of the document (page 1043). 2) The building line has been revised to 40 feet to meet R40 requirements. 3) The only apparent monuments on the south right-of-way line of Glade Road have been tied. 4) The right-of-way dedication has been modified to 47.5 feet from the centerline. As always, I 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 me. 9~j}21' Jason B. Rawlings, R.P.L.S. jbr@moaksurveyors.com 105-B 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 ----- Cci~~-- Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: July 28, 2003 Z-03-016 - Tabled Item - Amendment to the Land Development Code re ardin the Si n Board of A eals UPDATE - 7/28/03 The Planning and Zoning Commission tabled action on this item to allow more time for the members of the Zoning Board of Adjustment to review and comment on the proposed amendment. At the time the agenda was prepared, no comments had been submitted. If any comments are received, staff will distribute those to the Commission at the meeting. STAFF REVIEW COMMENTS - 7/14/03 Over the past several years, it has become extremely difficult to find interested citizens to apply for appointment to the Sign Board of Appeals. Recently, staff attempted to schedule a meeting of the Sign Board of Appeals to consider an application for a variance from the sign regulations. One of the two remaining members on this board advised staff of his resignation from the Board, leaving only one member. With the resignation, the Board has essentially become dissolved and it is necessary to consider an alternative solution for handling sign regulation variance requests. The City Council has been reviewing a complete revision to the sign regulations and during a recent staff presentation to the City Council regarding the proposed new sign regulations, staff recommended that the members of the Zoning Board of Adjustment also serve in the additional capacity of the Sign Board of Appeals. Since the Zoning Board of Adjustment has experience in dealing with variances and hardship situations combined with their more frequent meeting schedule, the assignment of an additional function seems to be a logical solution. Attached is a copy of Section 1.15 of the Land Development Code showing the proposed changes to proceed with implementing the re-organization of the Sign Board of Appeals. One of the concerns that elected bodies around the country typically have with Zoning Boards of Adjustment is the statutory authority, which requires an appeal of their decision to be considered by a state district court instead of by a City Council. However, the proposed ordinance retains the independent status of the Sign Board of Appeals, but its composition will have the same membership as the Zoning Board of Adjustment. In actual practice, each body will have its own agenda, separate set of minutes and independent actions. It is similar to the Planning and Zoning Commission convening periodically as the Capital Improvements Advisory Committee. Agenda Item No. 3 - Page 1 PUBLIC HEARING SCHEDULE Planning & Zoning Commission: July 14, 2003; July 28,2003 City Council: August 19 and September 2, 2003 RECOMMENDATION Approval Prepared by: ., Agenda Item No. 3 - Page 2 ~ At.takhment Section 1.15 ~v: . dA als-SignBoardot Appeals 1.1i.A Crsation of Sign Bu"" of ~pp8il'fi A. Creation of Sian Board of Aooeals - There is hereby created a Sign Board of Appeals consisting of five (5) members and two (2) alternate members, Se'.'8F1 memB8re. M8mB€lre sf U~8 Si~A Qear~ sf App8als s~all each to be appointed by the City Council for a two year term. or until a successor is aooointed. and 8haU may be femel/aBle removed without cause by the Council. ,A, memB8r ss app€JiAte~ s~all ~sl~ effi€l8 fer a t8rm Elf f.\'S Y8ars 8)(€lept iA t~e €lase sf appsiAtmeAts ts fill ':asaA€lies for I;;lA e)qaire€! terms. ~ Three members of the Board and one (1) alternate member shall be selected 9ft in even numbered years and tRfee two members and one (1) alternate member in 9ft odd numbered years. In the event of a vacancy, the Council shall appoint a member to serve for the un-expired term. Alternate Board members shall serve in the absence of reaular members. The Sian Board of Aooeals shall consist of the same members as the Zonina Board of A d;ustment. MemB8fS s~all seF\'e l;IFltil May 31 sf t~8 Y8ar sf t~eir terms' e){piratisA sr l;IAtil a Sl;I€l€lesssr is appsiAte~ aA~ ~i8 Sl;l€lsess€u s~allseNe I;;lAtil May 31, t\':s years t~erea~or er l;IAtil t~eir SI;;l8€leSS€JfS are appeiAte~. T~e Qeaf~ s~all Be €l€lmpese~ sf memBers of vaPjiA~ Ba€lh~rel;lA€!s aA~ s~el;ll€! iA€lll;.l~e repfeseAtati\'es frem t~e Bl;IsiAess €lemml;lAity, Ol0€ltri8iaAs, si~A €lSmpaAY r8pr8seAtatives, ar€l~itB€lts, eA~iA8BFS, feal Bstate a~pfaisers, ~i~~'Nay ~epaRmeAt empleyees aA~ t~e ~eAeral eitizeAI)'. 1.15.B Jllrisdir:'isR sf SjgR Bsa.. sf Appsals B. Authority of the Sian Board of Aooeals - The Sign Board of Appeals shall have the authority to hear and decide on 8€JAsieler requests for a vJai'/er er a variance 9Fte hear GIn aJ3~8al ef aA a€lmiAistrative €!e€lisieA SA a fe~l;IlatisA from the reauirements contained in Chapter 7 - Sign Regulations of this Land Development Code. The Sian Board of Aooeals shall also have the authority to hear and decide an aooeal of an administrative decision on a reaulation contained in Chaoter 7 - Sian Reaulations of this Land Develooment Code. The authority established under this oaraaraoh shall be aoolicable to a definition contained in Chaoter 2 - Definitions of this Land Deve/ooment Code reauired for the administration and enforcement of the orovisions of Chaoter 7 - Sian Reaulations. €lsAsi€!er am~ fe€lemmeA€! te t~8 Cel;lA€lil t~e ~relFltiA~ ef variaR€lss Jrsm t~e pfElvisieAs ef t~8 si~A 8e€!e ':/~ef8 it a~J3ears that Hil8 J3f8visieA8 ',v€ll;JI€i wBrl< a maRiJs8t iFljl;lsti€le. IA mahiR€j Sl;l€l~ €!etermiAatisAs, t~e Qsar~ s~all €leAsi~sr Sl;l€l~ Ja€lters as t~s ty~s sf Si€JA, t~B 1€J€latieA, t~e S)dsteA€lS ef si~As iA t~e ~eAsral area, aA~ Sl;l€l~ et~er faeters as t~oy el0em peRiAeAt, ~a'/iR~ €!l;IS fe~ar€! fer t~s ~l;Irpese aA€! iAteAt sf t~e Si~A Ce€!e ts ~f()vi~El ~l;IBli€l saJety, a€!e€tl;late 1i~~tiA~, epeA s~a8e aA~ air, ts 8SASSF\le laA€!, ~fste€lt J3f()~erty vall;les aA€! oA6sl;lra~e tAe Ai~Asst aA€! Bsst I;;lse ef ~f€lpeRY. 1.15C .Qrsesdtl.~~fi sf Bsard Agenda Item No. 5 - Page 3 C. uorum and 0" anization - At the first meetin made bv the City ouncl. _ e oar s a e ec a , who shall preside in the chairman's absence. The CsmmlslRity De':eleJilmeRt DSJilaRmeAt sf the City shall JilFsvise staff slsl~~ert ts the aGarS. The miRlsltes sf th8 meetiRf:ls shall tie FS8srSes, shs'::iRf:I t~e vete sf 8a€~ memtler IslJilSR t~e qlslestisR, aRa s~all tie mase a mattsr ef ~lsIt1li8 resers. Four members of the Sign Board of Appeals shall constitute a quorum. In the event of the absence of the Chairman and Vice- Chairman, the four members constituting the quorum shall elect for that meeting a member to preside as Acting Chairman and to assume all duties of the Chairman. +Re €leR€llslrriAQ 'Jets ef felslr memtlers sf t~s ~eam sRal! tie Asssssary te r;sAser a se€isieA SA aRY matter 8efer;e tRS ~ears. T~s ~if:lA ~8ars sf .^.~~sals shall mest meRt~ly flrfil':i€iss t~sre AClS tlesA CiA afl~sal er rB€llslBst fer vCiriaRso filss wit~ tRS tll:IiI€iiAQ effisi611 fe\;lRseA €lays flri8r te thB mBetiAQ €lats. 1.151i1 \'ariiilRee D. Meetinas. Hearinas and Rules of Procedures - The Board shall adoot rules of orocedure for the conduct of its meetinas. Meetinas shall be held at the call of the Chairman or at such times as the Board may determine. All meetinas and hearinas shall be ooen to the oublic and shall be conducted in accordance with the orocedure set forth in these reaulations and the rules of orocedure adooted bv the Sian Board of Aooeals. Such rules of orocedure may be amended bv the Sian Board of Aooeals membershio. The minutes of the meetinas shall be recorded. showina the vote of each member uoon the Question. and shall be made a matter of oublic record. The concurrina vote of four members of the Board shall be necessary to render a decision on any matter before the Board. The Sian Board of Aooeals shall meet monthlv. orovided there has been an aooeal or reQuest for variance filed with the Buildina Official on or before the last date to receive aoolications orior to the scheduled meetina date. The Buildina Official shall oublish a calendar establishina such final aoolication dates. E. Variance - A person may request a variance from a reQuirement contained in Chaoter 7 - Sian Reaulations tAS sif:lR ref:l\;llatieRs by filing said request with the building official. Aw; A request for a variance shall be accompanied by a non- refundable filing fee. The filing fee wMl shall be established by seoarate ordinance bv the City Council. A request for variance shall be referred for consideration to the Sign Board of Appeals. In considering a request for a variance~ te tRB flrevisisRs eftRs SiQA GeQe the Sign Board of Appeals shall consider, among other things, the degree of variance, the reason for the variance requested, the location of the variance request, the duration of the requested variance, the effect on public safety, the protection of neighborhood property, the degree of hardship or injustice involved, and the effects of the variance on the general plan of regulation of signs within the City. 1.15.E Reps'" to CSflRei/ SRrI AflflFeWlI sf RellSR T~e ~if:lA laeElrs sf .'\~~sals will s\;ltlmit a rS[3eR '.vith tRS !i!)rElAtiAf:I €If aAY variaAss te tRS ~if:lA Ce€ls te tRS City C€l\;lAsil at its ASHt ref:l\;llarly seA':sRs€I msstiA!i!). TRS \'ElriaRS8 8\;16111 tis €l8sme€l !i!)raAts€l \;IJil8A rati~isati€lR €lftRe €lesisi€lR eftRs SiQA Ia€lElf€l €If /\[3flS818 tly t~s City Ce\;lAsil. Agenda Item No. 5 - Page 4 F. Fees - No action shall be taken on any application submitted to the SiQn Soard of Appeals until all applicable fees have been paid in full. No refund of any alJplication fee shall be made after the reQuest has been advertised and scheduled for consideration by the Board. G. Public HearinQ and Written Notification - No action to approve or deny any application shall be taken until the Board has held a public hearinQ and received comment. and only after written notice of the public hearinQ of the date. time and place where the variance reQuest is to be considered has been sent to the owners of real property lyinQ within two hundred (200) feet of the property where the aPlJlication is beinQ considered. Such notice shall be Qiven to each property owner as listed on the last approved tax roll not less than fifteen (15) days before the date set for hearina by deoositinQ letters prooerly addressed and oostaae paid in the United States Post Office. H. AlJlJeal to City Council- The decision by the SiQn Board of AOlJeals shall be final. unless the aoplicant submits a written notice of aooeal within ten (10) days from the date of the action by the Board. The enforcement official shall re-notifv all prooertv owners Iyina within two hundred (200) feet of the area beina considered and olace the aDDlicant's aDDeal reauest on the next available agenda for consideration by the City Council. Agenda Item No. 5 - Page 5