HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-9/22/2003
AGENDA
PLANNING AND ZONING COMMISSION
City Hall Council Chambers - 5400 Bransford Road
Monday, September 22,2003
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 OF MINUTES
CITIZEN COMMENTS
AGENDA ITEMS
Commissioner Swift
September 8, 2003
1. Case P-03-024 - Minor Plat of Lots 10, 11 & 12, Block 1, Oak Knoll North
Addition, 10.943 acres located at the north end of Cedar Court and Jo Will Court
2. Case P-03-025 - Preliminary Plat of McCrary Estates, 6.6072 acres located in
the 5800 block on the west side of Bransford Road
3. Case Z-03-021 - PUBLIC HEARING - Zoning Change from R20 to RE on 10.943
acres located at the north end of Cedar Court and Jo Will Court
4. Case Z-03-023 - PUBLIC HEARING - Zoning Change from R40 & R20 to R30 on
9.56 acres located at 2113 Glade Road & 4800 Bill Simmons
5. Discussion of the Master Plan Update
6. Staff Comments, Reports and DiscussionJtems
The following items were received on the last case submittal deadline:
. Case P-03-026 - Minor Plat of Lots 1 & 2, Block 1, Lancaster Pare, 1.5 acres
located at 2201 Hall Johnson Road
Planning and Zoning Commission
Agenda - September 22, 2003
Page 1 of 2
· Case P-03-027 - Replat of Tract 1, Block 6R, Woodbriar Estates West, 6 acres
located at the southeast corner of Cheek Sparger Road and Colleyville
Boulevard
. Case Z-03-024 - A Special Use Permit for RV Storage on Lot 6, Block 1,
Colleyville Industrial Park located at 1812 Industrial Boulevard to be located at
6203 and 6207 Colleyville Boulevard
7. Commissioners' Comments and Reports
ADJOURNMENT
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Planning and Zoning Commission
Agenda - September 22, 2003
Page 2 of 2
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PLANNING AND ZONING COMMISSION
MEETING MINUTES - September 9, 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, and Jeff Wall were present.
Commissioner Bud Sellers was absent.
Barry LeBaron, Clayton Husband, and Jan Levy from staff
were present.
INVOCATION
The invocation was given by Commissioner Jones
APPROVAL OF MINUTES
August 18, 2003 & August 25,2003
Chairman Wall moved to approve the minutes of both meetings as written. Commissioner
Culley seconded the motion. The motion passed by unanimous acclamation.
CITIZEN COMMENTS
There was no comment.
AGENDA ITEMS
1. Case P-03-019 - TABLED ITEM - Final Plat of Old Grove, 45.459 acres located west of
the Westmont Addition and southwest of John McCain Road
Commissioner Culley moved to remove the item from the table. Commissioner Jones
seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall
Noes: None
Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He
spoke about the work session that was held on September 4, 2003 and gave a summary of the
Issues.
Chairman Wall asked if there were questions of staff by the commissioners.
._~
Commissioner Jones questioned the drainage and it was reported to be an ongoing work in
progress. Staff said that when the infrastructure is in place it changes, but when the
subdivision is completed, the full drainage system will be in place.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 1 of 14
(Draft Copy - 9/9/03)
Commissioner Swift asked questions about the mitigation plan for silt damage. Clayton
Husband explained that process and how the commissioners should have a comfort level with
what will be done by the City and the developer to mitigate any silt damage.
There was discussion about the technical non compliance being the result of the five foot strip
of land that is adjacent to the Parker's property. Chairman Wall read sections from the Land
Development Code regarding waivers and appeals. He referred to the chart and told the
commissioners that only City Council can grant a waiver on the 5-foot strip of land that is
prohibited by Cod. Barry LeBaron commented on why the provision was written.
Eddie Eckart, the developer's engineer, was present to represent the case. He spoke about
the drainage plan and the current erosion. He said it is difficult to contain water until the
construction is completed and if erosion occurs during construction, it is treated as a separate
issue and will be mitigated. He said that he as an engineer has done a good job of addressing
the issues and he explained the technicalities and spoke about TECQ regulations.
Commissioner Swift said that he was out at the property on the 18th or 20th of August and there
were no silt fences on Whittier Heights and Whittier Heights abuts Old Grove. He also said the
storm drains were blocked. He said that given these kinds of discussion, the Planning and
Zoning Commission needs an engineering staff member present. He said he expects Mr.
Bagwell to give assurance that he will fix any down stream problems. Mr. Eckart explained the
current fencing and how an effort has been made. He also said that David Bagwell owned the
Whittier Heights property and the Old Grove property, so he was putting water from Whittier
Heights onto his own property.
Chairman Wall asked Mr. Eckart if he was willing to meet with neighbors and walk the property
to observe their problems. Mr. Eckart said he would be happy to meet with the neighbors.
Chairman Wall asked if he was empowered by David Bagwell to mitigate problems. Mr.
Potthoff, representing David Bagwell, responded that Mr. Bagwell will meet his obligations as
required by the law.
Commissioner Swift said that the chief engineer of the City met with Andy Surell about the
increase in silt in the Monticello ponds and he said he suspected the cause of the silt was
created by Mr. Bagwell, but he couldn't prove it.
Commissioner Culley asked questions about the 5' strip of land and if it will be resolved by the
Council. He asked if Council denies the 5' strip of land, would the layout go back to the
original preliminary plan. Mr. Potthoff responded that it was his understanding it would.
Commissioner Swift moved to reopen the public hearing in order to allow citizens to
speak. Commissioner Jones seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall
Noes: None
Chairman Wall told the audience that each speaker would be limited to five minutes. Those
present wishing to speak were:
Planning & Zoning Commission
Minutes - September 8, 2003
Page 2 of 14
(Draft Copy - 9/9/03)
Beth Battles, 101 W. John McCain, said the neighbors' concerns about the intersection and
realignment of John McCain Road was not resolved in the preliminary plat and it was
supposed to be resolved during the final plat process. She said this is still a major concern
she has and asked the commissioners to resolve the issue.
Ben Jones, 104 W. John McCain Road, spoke about the construction of a drainage culvert
under the newly proposed John McCain Road and he expressed concerns that the drainage
will dump onto his property. He said he wants to be involved with any future planning of the
intersection so they are not negatively impacted.
Eddie Eckart explained the drainage impact on the area and how the water will reduce in flow.
He showed the plans on the board and discussed the plans and the drainage pipe.
AI Zim, said he is the owner of Beddo Creek and lives at 7209 John McCain Road. He
distributed information he received from the City of Bedford. He said the City of Bedford, like
the City of Colleyville, let the developers get away with not doing proper drainage and so to
solve that, the City of Bedford came back in and re-did the drainage. Mr. Zim said the city paid
for it by taxing every homeowner and business, everybody in Bedford with a little extra tax, and
that turns out to be for him a new car every other year or sending one of his employees'
children to college for two years. He said it is a lot of money for him to pay, because other
people made mistakes and that's exactly what is happening here with David Bagwell and that
is something we need to put a stop to right now.
Mr. Zim said he notified the City of Colleyville about this very situation in a letter on December
22, 1998 and at that time nothing was done. He said he notified David Bagwell on February
24, 1999 about the flow of water across his property should Mr. Bagwell buy the swamp and
develops. He said Mr. Bagwell bought the swamp and he's developed it and putting silt across
his property and he's killed the fish in the fish tank, he's put the silt down in Monticello, and
he's generally just made a mess now. Mr. Zim said Mr. Bagwell's engineer just responds, "No
problem, we'll just put the silt in our tank." Mr. Zim said Mr. Bagwell's tank will fill out and that
water will go downstream and end up in the Trinity River which is a tributary and it is against
Federal law to put silt into a tributary. He said they've never mentioned this because they don't
want the commissioners to know that and he told the developer's representatives that they are
lying to the citizens and he doesn't like that.
Mr. Zim quoted from Vernon's Statutes that "no person may divert or impound the natural flow
of surface waters in this State or permit a diversion or impounding by him to continue in a
manner that damages the property of another by the overflow of the water diverted or
impounded." He said that the Commissioners now all know that, they will realize that what
they are doing is an illegal act and if the Commissioners can't stop the developer, he is going
to "drag everyone of you bastards inta-- ~ourt and him (referr~ to Mr. Bagwell's
representatives) and sue them so this crap finishes." He continued to read from Vernon's
Statues. Mr. Zim told the commissioners that he would like to point out a newspaper article
from a Fort Worth newspaper that a City of Saginaw couple sued Fort Worth and the law suit is
Planning & Zoning Commission
Minutes - September 8, 2003
Page 3 of 14
(Draft Copy - 9/9/03)
not done, but they are going to get millions of dollars from the lawsuit because the City of Fort
Worth did not permit the proper runoff.
Mr. Zim went to the plat that was displayed in the room and pointed out his property, the
downhill run from his property, the location of his stock tanks and threatened Eddie Eckart that
if he puts one drop of water off the road into his stock tank, he is "going to get the judge and
haul this son-of-a-bitch to a halt." Chairman Wall told Mr. Zim to refrain from using four letter
words, and he acknowledged that Mr. Zim is upset. Mr. Zim responded that he is worse than
upset and Chairman Wall told him again he should stop swearing. Commissioner Byerly
asked Chairman Wall to request Mr. Zim to address the commissioners and not the
developer's representatives. Mr. Zim said he is just telling the commissioners what is going to
happen and there are no threats involved and he is explaining precisely what is going to
happen. He said what he likes to do is tell a grown man one time what is going to happen and
the second time he can figure it out himself. Mr. Zim said they have this water that is going off
onto the neighbor's property and that's against the law. Chairman Wall again told Mr. Zim to
address the Commission and not the contractor. Mr. Zim told Chairman Wall to request that
Eddie Eckart sit down so he can't look at him and Chairman Wall told Eddie Eckart to stay
where he is standing. Mr. Zim continued to point out on the plat where the water will flow off
the proposed development onto his property and he said he will hold the representatives of
Colleyville liable. He told the commissioners that they will have to put a stop to this now before
it carries on and the citizens are overly taxed because of somebody who has pulled the wool
over their eyes and caused problems.
Recording Secretary Jan Levy informed the Chairman that Mr. Zim's five minutes is up.
Grady Walker, owns property at 7301 and 7309 John McCain Road, and asked questions
about the channeling of water. Mr. Eckart responded and explained what impact the drainage
system will have on the area and said the handling of drainage is set forth in the Land
Development Code and they will comply with the regulations.
Carl Parker and Carol Parker, 105 W. John McCain Road told about how high his property is
elevated. He spoke about the creek and the natural springs in the area. He distributed
pictures of the area and explained how all of the water problems originate northwest of David
Bagwell's property and how that is the source of Mr. Zim's problems and not from David
Bagwell.
Carl Parker responded to the commissioners questions and said he was for the.drainage plan.
He pointed out on the plat how the property acts as a cup and explained how none of the water
will go out to the north. He said that only four lots within Old Grove will experience any water
flow to the north and David Bagwell's property nas natural wetlands WrneA act as a great filter
with a half mile of natural filtration system and when the water gets to the edge of the property,
it is almost clean enough to drink. He pointed out the stock ponds in the area and said no
more ponds are needed in the area and Mr. Zim will not have any problems from Old Grove.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 4 of 14
(Draft Copy - 9/9/03)
Earl Swift said that Mr. Parker mentioned that for twenty years he used to ride his motorcycle
along the creek and asked why he couldn't do that any more. Mr. Parker said the runoff that
has come off the other pieces of property north of David Bagwell's property have eroded that
side of the creek so badly that it can't even be walked. He said the gully that comes out the
end of Western Trails is eight feet wide and twelve feet deep. He explained that Mary
Goodwin's property has such a bad erosion problem that all of the dirt that was on the top of
the hill is now down into David Bagwell's creek. He said Mr. Bagwell could make a pretty good
chunk of money by hauling the dirt back up to the homeowners to the northwest because now
they have no top soil.
There was no one else wishing to speak and Chairman Wall closed the public hearing.
Commissioner Swift asked about the "1" junction on John McCain and what the impact is of
that intersection. He asked if property was being taken away from anybody or if trees were
being removed. Barry LeBaron explained the driveway realignment plan and how the right-of-
way will come from the developer. He spoke about how the realignment was designed to get
away from an angled intersection. Clayton Husband said he met with the Battles to try to
adjust the design so the intersection will not effect the trees. The commissioners and staff
entered into discussion of rights-of-way requirements. Commissioner Swift asked who owns
the trees and Clayton Husband responded that couldn't be answered yet because the surveyor
has not staked out the intersection. He said the contractor will not cut down trees until a permit
is issued by the City and the contractor said he agreed.
Commissioner Byerly asked if Mrs. Jones could add some information. The commissioners
agreed.
Mrs. Jones, 104 W. John McCain Road said she moved to her property in 1978 and she did
not own the actual roadway John McCain Road itself, but she owned the land under the road
and 8 Y2 feet on the other side, being the west side of John McCain Road. She said she sold
the property to the City and in all of the paper work it was established there would be no rights-
of-way or easements on their property, that the edge of the asphalt is where it stops for the
City of Colleyville. She said David Bagwell does not officially own that property, but the City of
Colleyville owns it. Chairman Wall said this is another issue that needs to be dealt with and
these are issues that should not stop a vote on the plat, but there are serious issues as far as
right-of-way, who owns what, drainage, and how it's all going to work. He said the City staff
along with the contractor ought to be able to answer those questions when the plat gets to City
Council in order for the Council to be able to affirmatively vote on the plat and then look at the
citizens and tell them that those issues have been addressed. He said he is a citizen who lives
downstream and he would like to see them addressed by the Council.
Commissioner Swift said he does not know.:.how in all good faith the .J21at could go to City
Council with all these imponderables still on the table. Chairman Wall asked staff on this final
plat, what items at this point are inconsistent with the preliminary plat and therefore would
cause a no-vote. Clayton Husband said the only platting issue is the 5' strip of land adjacent to
the Parker's lot. Chairman Wall asked that given the issues like drainage, rights-of-way, who
Planning & Zoning Commission
Minutes - September 8, 2003
Page 5 of 14
(Draft Copy - 9/9/03)
owns what, and the issue of how this is going to all fit together, where would those issues be
addressed for these citizens and solved before this thing comes to fruition. Barry LeBaron
responded that staff will make those comments to the engineer and developer between the
time the Commission takes action on the plat and it goes to City Council so they will be
resolved. He said that as far as the drainage issue, the developer has a drainage plan that
meets the City's requirements, but as far as the plat itself, the only outstanding issue staff has
is the portion that is the 5' strip of land and to some degree that is somewhat an interpretation
issue that can be looked at in terms of the intent.
Chairman Wall called to the commissioners attention a letter they received from Mr. Potthoff
dated September 4, 2003. The letter said there were only two unresolved final platting issues
identified for Commission review: 1) placement of the emergency access; and 2) the 5-foot
reserve strip of land next to the Parker tract. The letter went on to highlight the points that the
Parkers agreed to the 5-foot reserve strip; the decision was already made in order to preserve
important environmental features; the ambiguity of the Land Development Code addressing
the 5-foot strip; and the number and placement of points of the Parker access remains the
same. Chairman Wall said that the letter contains the following language: "...in the end, as a
matter of law, the vote on a plat must be based only on platting issues." Chairman Wall asked
Barry LeBaron to explain the differences between platting issues and engineering issues.
Mr. LeBaron recommended that the commissioners separate the engineering issues from the
platting issues. He said he applauds the commissioners for entering into discussion and
receiving information from the citizens in the area regarding the drainage and making sure that
the engineering issues have been addressed. He said that it is not as if the commissioners
were making a decision between a 2-inch pipe versus a 3-inch pipe, and obviously that is not a
platting question. He said that the commissioners had a right to satisfy in there own minds that
certain items have been addressed and when they are satisfied, the plat is ready to move
forward. Mr. LeBaron said that even when approving a plat, it never prevents those issues
from being addressed some point in the future. He said the commissioners are empowered to
approve a plat without having engineering plans prepared, because the developer would still
be required to submit engineering development plans to the City and if the engineers require
the developer to redraw the subdivision because the plat didn't work based on the initial
concept, then that's the developer's problem. Mr. LeBaron said generally the reason the City
would want engineering plans to come forward is make sure there is a package so that the
developer knows that the lot configuration will work with the water/sewer drainage system.
The commissioners have a better comfort level that the lot configuration will work. He said the
only thing the commissioners are approving is the plat and they are not approving an
engineering design.
The commissioners entered into discussion about the two significant changes made from the
preliminary plat to the final plat. Chairman Wall said the commissioners-.have highlighted the
drainage issues and the intersection design issues and those issues should not stop the plat
from going forward for City Council's consideration. He said they are sending a message to
the City Council that before they vote on the final plat, there should be better answers for the
citizens than there are right now. Commissioner Swift said that he thinks they are inseparable.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 6 of 14
(Draft Copy - 9/9/03)
Commissioner Culley said that he felt compelled to say that there are now two sides of the
drainage issue and he has every trust in citizens and staff that it will be worked out to the
satisfaction and to the best ability for everyone. He said it would be a disservice to the
citizens, staff, and developer to continue to hold up the plat. He said that he cannot find a
reason to hold up the plat for technical reasons and the 5-foot reserve strip was not done with
the intent to penalize the Parkers, but it was done to enhance the actual development and he
would hate to see the plat go back to the old design. Commissioner Culley said he would like
to see the plat move forward with a recommendation that the commissioners find no problem
the 5-foot strip. There was discussion about the commissioners' options for plat approval.
Chairman Wall asked for a motion.
Commissioner Byerly moved to approve the final plat. Commissioner Culley seconded
the motion. Chairman Wall said it was his understanding that they cannot vote on the
inclusion of the 5-foot reserve strip along the Parker's property. Commissioner Culley said his
understanding is the commissioners cannot approve the 5-foot strip, but they are sending the
plat on to the Council with a recommendation that the Commission is not in opposition to the 5-
foot strip on the plat. Commissioner Byerly said his understanding is that the commissioners
cannot take action on this issue, but the City Council takes final action on the plat. The vote
being:
Ayes: Kelly, Culley, Byerly, Jones, Wall
Noes: Swift
[NOTE: The Commission took a break and resumed the meeting at 8:23 p.m.]
2. Case Z-03-018 - TABLED ITEM - 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
Commissioner Culley moved to remove the item from the table. Commissioner Kelly
seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall
Noes: None
Barry LeBaron and Clayton Husband presented the case to the commissioners and reviewed
the staff briefing and a letter provided from the_developer Larry Cole.
--
Commissioner Wall said he asked staff to compare the center section of Bridlewood to the
proposed Tiffany Park as it relates to density and also a comparison of open space for the two
subdivisions.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 7 of 14
(Draft Copy - 9/9/03)
The commissioners commented on staff's recommendation of denial and staff responded that
historically staff recommends denial when there is a conflict in uses per the Master Plan. They
talked about entrance designs and traffic safety. Commissioner Culley asked if the developer
still planned on prohibiting second story windows facing Bridlewood North, and there was
discussion about transitional areas and the future development of unique parcels of property
now that the demographics in Colleyville are changing with the aging of the population.
Chairman Wall said the commissioners received a letter of support from Mr. Danion.
Commissioner Culley moved to reopen the public hearing. Commissioner Jones
seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall
Noes: None
Those present wishing to speak were:
Jo Ann Gasper, 4103 Paddington Lane, said that Mr. Cole sent a letter to residents in
Bridlewood that gave a list of allowed uses in the CC2 zoning district. She said that many of
those uses also require a Special Use Permit and she requested that the Chairman tell
everyone present what those uses are. She said if they require a Special Use Permit, a public
hearing and a zoning change would be required. Chairman Wall read from the Land
Development Code which businesses listed in the CC2 zoning district require a Special Use
Permit.
Mark Crenshaw, 504 Bridlewood North, asked questions and requested a clarification of the
comparison of roof heights of a normal two story house versus a commercial two story
building. He spoke in opposition of two story homes backing up to Bridlewood North and
asked if the commissioners would want this in their back yards. He said that Mr. Cole
mentioned the price of commercial property affects his ability to develop the property with less
density, and Mr. Cole's financial problems should not become his problem. Mr. Crenshaw
suggested moving some of the green space to abut the Bridlewood fence and provide a
walking path.
Steve Knight, 3917 Felps Court, spoke in opposition to the density of the subdivision. He said
he is not against Mr. Cole but he senses there is a difference in the way staff treats Mr. Cole
than other developers and it is like staff throws roses at Mr. Cole. Mr. Knight said he is not
within 200' of the proposed development, but it is located in his part of town. He said he took
Mr. Cole's advice and went to visit Mr. Cole's Silverwood development in Bedford. He said it is
extremely dense and it has the feel of rental property written all over it. He said he also looked
at a trailer park in Grapevine and it was less dense than the proposed development. Mr.
Knight referred to a conversation he had wit~ Linda Baker and how sh~-said the Planning &
Zoning Commission will have less to discuss as the community reaches build out because the
issues become insignificant. He said he initially agreed with that, but the more he considers it,
Linda Baker is dead wrong. He said the issues will become of vital importance and of highest
importance is the density issue.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 8 of 14
(Draft Copy - 9/9/03)
Ken Davis, 412 Bridlewood North, spoke in opposition as the subdivision is proposed. He
discussed the reason for him moving to Colleyville and how he came to City Hall to research
the potential use of the vacant property behind his home. He said he is not opposed to
commercial; however, if Mr. Cole can lower the density and offer a green space against
Bridlewood he may be in favor. He said there is a 20% difference in the density of the
proposed development from the density in Bridlewood and 20% is a big difference. Mr. Davis
said that 3.5 units per acre start becoming the density in Arlington.
Becky Davis, 4107 Paddington Lane, spoke in opposition to the density. She said that she is
also concerned about the traffic on Brown Trail. She asked about the placements of homes on
the lots and wanted to know if the garages will be front entry, side entry, or back entry. She
asked if the City had design standards for garages. Staff told her that the City does not have
standards for the location of garage doors. She said the aesthetics of the proposed
subdivision are important to her.
Brett Davis, 4107 Paddington, also asked about how the houses will fit on the lots and
expressed concerns that because of the high density, the density may dictate that front entry
garages become a reality.
Wayne Ridenhour, 600 Bridlewood North, said he lives on Lot 27 that abuts the proposed
development and he cuts the grass on the other side of the fence to deter wild animals and
snakes from going onto his property. He spoke in favor of the zoning change and said Larry
Cole builds very high scale subdivisions and he likes the proposed development. He said that
the square footage of lots in the middle of Bridlewood is relevant and several lots in Bridlewood
have front entry garages.
Melinda Crenshaw, 504 Bridlewood North, said she is opposed to the zoning change. She
said there is an average lot size in Bridlewood of 9,000 s.f. and the proposed development will
be 7,000 s.f. She said this may be a future trend, but that trend will affect nine houses on
Bridlewood North. She said she wants green space next to her lot and not a house to be right
on top of her.
Opal Soviak, 600 Bridlewood North, said she is in favor of the zoning change and the people
complaining in Bridlewood already have neighbors on top of them. She said there were two
story houses next to two story houses with very little space between them. She said she is not
in favor of commercial development on the vacant lot.
Steve Ewing, 700 Green Meadow, said he was representing Saddle brook HOA and the board
has reviewed the plans and are in favor of residential development on the lot, but expressed
concerns about the density.
Donna Ridenhour, 600 Bridlewood North, said she is in favor of the zoning change. She said
her mother, Opal Soviak, has a bedroom th-af is 5-feet away from ttieneighbor's driveway.
She said that the neighbors on Bridlewood North already have neighbors living right on top of
them and the neighbors can look into her windows and she can look into her neighbors
windows. She said there is nothing exclusive about Bridlewood North and the people opposed
Planning & Zoning Commission
Minutes - September 8, 2003
Page 9 of 14
(Draft Copy - 9/9/03)
should be glad that Mr. Cole is going to build very upscale homes next to them and they won't
decrease the property values in Bridlewood.
No one else was present to speak, and Chairman Wall closed the public hearing.
Commissioner Culley asked Larry Cole if there was any possibility to put additional green
space adjacent to Bridlewood. Mr. Cole entered into discussion with the commissioners about
the possibility of doing a tree screen and limiting the homes that back up to Bridlewood North
to one story homes with 15-foot back yards. He said that is more than what currently exists in
Bridlewood. Mr. Cole said he will build a product in the excess of $300,000 each and it will be
upscale homes for empty nesters. He said he will restrict the garage entries to swing entry
garages with cedar board garage doors that don't look like garage doors.
Commissioner Culley asked staff to read to the citizens from the list of subdivisions in
Colleyville the ones that already have 2.9% density. Staff identified nine subdivisions. They
also said that Bridlewood has approximately 1 acre of open space.
Commissioner Jones said that everything is not a cookie cutter and it takes a lot of thought to
find creative solutions. He mentioned the length of time the property has been on the market
and it does not appear that the property is suitable for commercial development, because it
would have sold by now. He said as the City nears build out, the commissioners will have to
deal with this more often. He said he has spoken to many citizens at the Master Plan
meetings that have told him they want smaller lots, but with all the amenities they have in their
currant houses. He said the issue will not go away.
Commissioner Byerly said he is not convinced yet that residential is the best use of the
property. He said if the property does develop residential it is an area that would call for a
good transition use.
Chairman Wall pointed out that commercial buildings with a 35' building height could be built
within 25' of the property line. He talked about Remington Park and the property next to it
being commercial on the current Master Plan and how the residents wanted a transitional
residential subdivision with small lots next to them rather than commercial development. He
said wanting commercial over residential is a dangerous game to play. The developer Larry
Cole entered into discussion about the possibility of including a 10-foot or 12-foot wide
pathway with shrubs and trees to be maintained by the HOA. There was discussion about the
subdivision being a gated community.
Commissioner Kelly asked staff if they have done a comparison of tax revenues for the
proposed subdivision versus the tax the bank is paying on the property. There was discussion
about 25 homes valued at $300,000 each, would equal 7.5 million in taxable property and it
would take a 75,000 square foot office building plus the parking areas to generate an
equivalent taxable value. - --~
There was discussion by the developer and commissioners about the attempts to sell the land
for commercial use; setbacks in relationship to the path and what does two fences placed 12-
feet apart gain for the residents in Bridlewood. There was discussion how a lot that is 96-feet
Planning & Zoning Commission
Minutes - September 8. 2003
Page 10 of 14
(Draft Copy - 9/9/03)
in depth could minus the 12-foot pathway easement, would leave 84-feet for setbacks and a
single story house may be doable. Chairman Wall said it would gain the residents on
Bridlewood North a second sound barrier separated by 12-feet with a house setback an
additional eight feet. Commissioner Swift commented about how two stained cedar fences
with a pathway between them may reduce the attractiveness of the subdivision because of the
diminished back yards from the houses to the cedar fence. Larry Cole said in a typical lot that
has 116-feet, and he would take of 20-feet for a front setback, and 12-feet for the path which
leaves 76-feet for a building site and back yard and most house have 60-feet of depth and that
leaves enough area for a back yard. Larry Cole said that he and the commissioners are trying
to make some compromises and he is using housing plans that allow for maximum flexibility
for design, but in order to accommodate the Bridlewood North residents, he can move the
house away from their property lines another five feet and they will be all right and he will still
have decent plans, so he is willing to have a 20-foot setback on those lots rather than a 15-foot
setback and he will be all right, and the house would still be a single story dwelling.
Commissioner Swift said his comment was not meant to be critical, but it would be his opinion
that those lots with less back yard would be less attractive than some other homes. Larry Cole
said they would not be less attractive because he has many people he sells to that do not want
to have any back yard grass, but want landscape, with pavers and hot tubs. Commissioner
Swift said given that, maybe these lots will be more valuable.
Mr. Crenshaw asked about the width of green space between the two fences, which would be
the walkway and the line of trees. Mr. Cole said it would be 12-feet wide and then from the
new fence there would be another eight-feet setback to the house, and the house would be
restricted to one story. Mr. Crenshaw said that sounds like a compromise to him and what he
was asking for was some consideration because he is adjacent to the property. There was
discussion about how the other two lots on the western end need to also include the
landscaping and be an equal 12-foot.
Chairman Wall said that based upon what the developer has proposed to do on the south end
of his subdivision, he would like a show of hands by those who were opposed before that are
now currently still opposed to the development.
The commissioners began discussion about how the market for transitional smaller size lots
have been validated at Master Plan meetings and how the existing Master Plan allows to go
beyond an average of 1.8 dwelling units per acre in specific areas.
Commissioner Culley said the commissioners have tried to be respectful of both sides, try to
compromise and find a win-win situation, and they are pretty close right now. He said he
doesn't think they will ever get a perfect situation on the density, but he feels like this problem
is not going to go away. He said when they have a chance to work with somebody and have
them work with the commissioners and this many people come out that-seem to care about
who is going to be next door and they voice their opinions it is a good thtng, and a lot of issues
have been resolved. Commissioner Culley said he thinks they have done as good of a job as
they can on the density and he wished it could be 2.9, just like Bridlewood's but it's not. He
said the subdivision will be quality and it won't hurt the property values in Bridlewood and
Planning & Zoning Commission
Minutes - September 8, 2003
Page 11 of 14
(Draft Copy - 9/9/03)
hopefully the Bridlewood residents will get to know the new neighbors and get to like them. He
said he is in favor of the zoning change and he will continue to be concerned about density
and will continue to watch that and he promised that as long as he is on the commission, they
won't have apartments, but will have quality developments in Colleyville because that is why
everyone has moved here. He said the commissioners have done a pretty good job.
Commissioner Jones said a lot of people are either for or against things, and he proceeded to
tell the citizens that he lives in a subdivision that has open space next to his subdivision that is
in a similar transition area and he wouldn't vote for anything unless he was willing to have it
beside his house. He said his subdivisions 44 homes have the same issues facing them and
this issue is not going to go away.
Chairman Wall moved to recommend the zoning change from CC2 to PUD-R subject to
the developer limiting houses on the southern side of the development to single story;
the garages in the subdivision will be side-swing entry garages with the doors
constructed of plank wood; and the developer and staff will outline and provide a
conceptual site plan for the path and landscaping along the south side prior to the case
going to the City Council. Commissioner Jones seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Jones, Wall
Noes: Byerly
3. Case G-03-029 - Tree Mitigation Request on 15 acres located on the southwest corner
of John McCain Road and Colleyville Boulevard
Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He
spoke about the future development of the property that will become the gateway for entering
into Colleyville from the north. He spoke about the building sites and detention ponds and how
the developer plans an area in the development where the trees can be preserved. He said
the developer is proposing to add 100 new trees. He showed the original site that was
proposed and then the new layout the developer is proposing and spoke about the merits of
the newly proposed layout. He said the land uses would be market dependent. Mr. Husband
said that rather than bringing only numbers before the commissioners, staff wanted to bring the
commissioners an alternative and offer a performance based approach to tree preservation.
He thoroughly reviewed the plan in the staff briefing. He said that staff is recommending
approval of the performance based plan.
The commissioners entered into discussion about how the number of trees was calculated and
if the expanded right-of-way on Highway 26 and the realignment of Johl"l McCain Road was
considered.-
Rick Horn, with Pate Engineers spoke to the commissioners and explained how he calculated
the number of trees and how he revised the designs of the development. He said the
proposed developers have a partnership with Shell Oil.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 12 of 14
(Draft Copy - 9/9/03)
Barry LeBaron talked about the TIF district and the implication that has on the development of
the property.
Commissioner Swift said that this is a premier commercial site in the City of Colleyville and he
said the last thing the city needs is for failure of any business that will locate in the
development. He sited the example of the filling station located on the other side of Colleyville
Blvd. that has gone out of business.
Steve Pappa, from Service Star, explained Shell Oil Company's philosophy and how after
conducting traffic studies, the property on the west side of Colleyville Blvd. is more attractive
because of people stopping to shop on the way home from work.
Chairman Wall asked the applicant about the amount of taxes that will be generated by the
proposed development and if there was a formula that the $600,000 in tree mitigation will be
equalized with the collection of taxes. Mr. Pappa said that approximately $200,000 per year at
1 % to the City in sales tax revenues which does not include property taxes would be a formula
that could be used.
Staff explained the difficulty with developing this property because it is so heavily forested, and
how they wanted to not just lay the problem before the Commissioners, but they wanted to
propose a solution. They said that staff will bring the plan back to the Commissioners if the
proposed site plan deviates significantly.
The commissioners talked about possibly seeking input from the economic development task
force as they may have a better idea in how to mitigate the fees for trees versus increase in
taxable revenues by development of the property. Staff explained the tree mitigation
ordinance and how the Commission is the only body of city government that is empowered to
mitigate the tree ordinance.
Commissioner Culley said he agrees with Commissioner Byerly that they not give concessions
based on the current conditions of the property. He said if this is the Planning and Zoning
Commission's job, they will trust in staff's recommendation and if the developer does not
perform, the developer will pay the penalty. He suggested that staff be specific in the square
footage the developer has to build to meet the schedule.
Mr. Pappa said that they decided to purchase extra land to enhance the tree preservation area
and he asked where does the objectivity come into the deliberations?
Commissioner Culley said there are trees on the property that probably don't deserve to live.
He said that if the city gets economic development in the area and the property is enhanced to
develop, this is a good plan.
The applicant said they will try to preserva the good trees as tree preservation is very
important to them. He explained how clusters of trees have difficultYgrowing because the
good trees can't mature.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 13 of 14
(Draft Copy- 9/9/03)
Barry LeBaron told the commissioners that he recommends a formal agreement be worked out
to be signed by the applicant and by the Planning and Zoning Commission Chairman so that it
can become a permanent record that is filed in Tarrant County deed records.
Commissioner Jones moved to approve the proposed tree mitigation request with the
specifics of the plan being put into a legal agreement that is reviewed by the City
Attorney and signed by the applicant and the Planning and Zoning Chairman.
Commissioner Culley seconded the motion. Commissioner Byerly offered a friendly
amendment that staff put a range in the development schedule for required square
footage to be constructed with a plus or minus 10,000 square feet. The friendly
amendment was accepted. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall
Noes: None
4. Discussion of the Master Plan Update:
There was discussion about the two workshops that were upcoming. The commissioners and
staff entered into discussion about future develop of the unusual properties that do not fit a
cookie cutter mold and the possibility of creating a criteria for development. They talked about
the need to consider each proposal on a case by case basis and get the community involved in
the process. There was discussion about transitional uses of property.
5. Staff Comments, Reports and Discussion Items: There was none.
6. Commissioners' Comments and Reports: There was none.
The Commission adjourned the meeting at 10:50 p.m. by acclamation.
Respectfully Submitted,
Jan Levy
Planning & Zoning Assistant
Approved on:
~ -
Note: As a matter of public record, an audio recordirig of this Planning and Zoning Commission meeting is
available upon request.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 14 of 14
(Draft Copy - 9/9/03)
.~
Texas
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
September 22,2003
P-03-024 - Minor Plat of Lots 10, 11 & 13, Oak Knoll North
Addition, 10.943 acres located at the north end of Cedar Court.
STAFF REVIEW COMMENTS:
Salyer and Associates are the owners of a 10.9-acre parcel of land located on the north
side of Cedar Court. The owner has submitted a Minor Plat of the property for review
and consideration by the Planning & Zoning Commission. The plat will create three lots
for the construction of new residences.
The lots are technically considered "lots of record" since they are a part of an
unrecorded plat that was prepared many years ago, but never filed in the Tarrant
County Plat Records. The plat being considered will essentially finalize the official
platting process and establish the proper legal descriptions for the three lots.
Zoning. The owner has simultaneously submitted a request to rezone this property
from R20 to RE-Single Family Estate. Consideration of the Minor Plat is not contingent
upon approval of the zoning, since the proposed lots conform to the R20 zoning
requirements. However, the proposed lots do not meet the requirements of the RE
zoning district, which requires a minimum of 200 feet of lot width, measured at the
building line. Two of the lots only have slightly more than 100 feet of lot width. All three
of the lots far exceed the 80,000 square foot minimum lot area for the RE zoning district.
Right-of-Way Dedication. No additional right-of-way is being offered for dedication,
since the right-of-way for Cedar Court and Jo Will Court are currently existing.
Parkland Dedication Fees. The payment of parkland dedication fees is required for
this development since three 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 Cedar Court and Jo Will Court are considered
unimproved streets. The developer is required to construct one-half ot the street or
provide an equivalent amount of cash escrow:for future improvement by-U,e City before
the issuance of any building permits.
Drainage Plans. Staff received a complaint from an adjacent neighbor regarding the
proposed drainage plan for the development, which contains a very large area within
the 100 year flood plain. Engineering staff has met with the neighbor and the
Agenda Item No. 1 - Page 1
developer's engineer to answer questions and to resolve any localized issues. No
additional questions remain that are not taken care of by the developer.
The owner's surveyor has addressed all Development Review Committee comments.
This plat only requires approval by the Planning and Zoning Commission.
RECOMMENDATION:
Approval
ATTACHMENTS:
· Location map
· Plat
· Development Review Committee memo
I Surveyor Correspondence
Prepared by:
Barry LeBaron, AICP
Development Director
Agenda Item No. 1 - Page 2
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CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE
September 10, 2003
Jim Dewey, Jr.
972-252-8958
Phil Salyer
~
817-488-3372
FAX TO
FAX NO
FROM Clayton Husband, AICP, Community Development Manager
SUBJECT P-03-024 Minor Plat - Oak Knoll North 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. Two of the lots do not meet all the requirements of the proposed RE Residential Estate zoning
district. The RE district requires a minimum lot width of 200 feet at the building line, and a
minimum of 160 feet of frontage on the public street. The owner must request a waiver from
this requirement to approve the lots as shown. The waiver may be requested in the response
letter to these comments. An alternative for the property owner is to modifY the zoning
request to a Special Use Permit to allow horses to be kept on the site.
2. Label the Point of Beginning on the drawing.
3. Renumber Lot 13 to Lot 12.
4. Delete the approval block for the city council. This plat only requires approval by the
Planning and Zoning Commission.
5. A 16-foot wide DRAINAGE AND UTILITY EASEMENT must be added adjacent to the east, west
and north property lines.
6. Remove the city council approval block. This plat does not require approval by the city
council.
7. The rights-of-way for Cedar Court and Jo Will Court need to be verified. Tie down the
existing right-of-way with monuments on the opposite side of the street. Additional right.of.
way dedication may be required depending upon the existing right-of-way width.
8. Cedar Court and Jo Will Court are classified as Residential Streets on the Thoroughfare Plan.
A Residential Street requires an ultimate right-of-way width of 50 feet. The required right-of-
P.O. Box 185 - COLLEYVILLE, TEXAS 76034 - 8 17.577.7587
DEVELOPMENT REVIEW COMMITTEE
P-D3-D24 OAK KNOLL NORTH
way dedication along the frontage of the property is 25-feet from the centerline ofthe existing
right-of-way.
TREE PRESERVATION
Trees not located within the right-of-way must be preserved during the construction of the
subdivision. Before construction begins on the site, protective fencing must be installed around all
preserved trees located outside the right-of-way. The fencing must be located at the drip line of the
preserved trees. The protective fencing may be comprised of orange vinyl construction fencing,
chain link fence or other similar fencing with a four-foot (4') approximate height. The fencing
must remain in place during the entire construction period.
ENGINEERING CONSTRUCTION PLANS
The Engineering Department, Fire Department and Public Works Department have reviewed the
engineering construction plans. Questions concerning the engineering construction plans should
be directed to Chad Bartee at 817-577-7587.
SANITARY SEWER. Domestic services must be tied into the line downstream of the manhole.
Services are not allowed to tie directly into the manhole. Easements must be added to the plat to
allow access by the City to maintain the manholes and sanitary sewer line.
WATER. The 2-inch water line must be upgraded to an 8-inch line across the frontage ofthese lots,
as required by the Water Build-Out Master Plan. Revise the drawings accordingly.
DRAINAGE. Additional information has been requested from the applicant's engineer regarding
work within the floodway and floodplain.
OTHER INFORMATION
1. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the
subdivision plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of
parkland dedication fees will be provided upon the approval of the plat.
2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are
required for this property since Cedar Court and Jo Will Court are considered unimproved
streets and the plat contains more than on\; residential lot. The developer is required to
construct one.half of the streets or provide- aiJ. equivalent amount of casn-escrow for future
improvement by the City. The response letter should indicate the developer's intention of
construction or escrow regarding this roadway.
3. 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 Engineering Department will provide a formal
assessment of impact fees to the Building Inspection Department upon submittal for a building
PAGE20F3
DEVELOPMENT REVIEW COMMITTEE
P-03-o24 OAK KNOLL NORTH
permit. The fees listed below are intended to provide general information on the fees that
could be assessed.
ROADWAY
$1,589 per dwelling unit for SINGLE 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
4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all streets.
The sidewalk must be installed when any new residence is constructed on the property. The
sidewalk must be at least 4-feet wide. Altematively, 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, September 22,2003,7:00 p.rn.
not required
RESUBMITTAL REQUIREMENTS
A marked-up print is available for pickup in the Community Development Department offices.
Once you have completed the changes to the drawing, please submit the following to our offices:
· 10 folded copies of the revised Minor Plat drawing
· one 8Y2' x II" reduced copy ofthe 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 Tuesday, September 16, 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 3 OF 3
J D J R ENGINEERS AND CONSULTANTS, INC.
CIVIL ENGINEERS. SURVEYORS. LAND PLANNERS. CAD DESIGNS
September 16, 2003
City of Colleyville
Community Development Department
P. O. Box 185
Colleyville, Texas 76034
SEP 1 6 2003
Attn: Clayton Husband, AICP
Re: P-03-024
Minor Plat
Oak Knoll North Addition
Dear Mr. Husband:
The following is offered in response to the September 10, 2003 Development Review
Committee letter on the subject plat:
I. Lot width (200 ft. at the building line) and lot frontage (160 ft. on the public street)
requirement of the RE district is not met. A waiver to these requirements is requested to
allow Lot IOta have a lot width of 102 feet and frontage of 88.68 feet, and for Lot I I to
have a lot width of 120 feet and frontage of 109.62 feet.
All lot areas surpass the RE lot area requirement of 80,000 square feet by at least 40,000
square feet, and the frontage is consistent with other properties along this section of
Cedar Court.
2. Point of Beginning has been labeled.
3. Lot 13 has been renumbered to Lot 12-
4. City Council approval block has been deleted.
5. A 16 ft. wide drainage and utility easement has been added to the east, west and north
property lines.
6. See Note #5.
7. Rights-of-way for Cedar Court and Jo Will COtJrt are verified with monumentation shown
on the opposite side of the street.
8. See Note #7.
Tree Preservation: Comments noted.
:?:,"(I TFYllC2 Dpl\/E SUITF 10'":' Ip\/I~~G TEY!:C' 75067 Tt~ (Q7T' 257-5357 ~AY (Q721 252-89l)R
Engineering Construction Plans:
Sanitary Sewer: Domestic service tie-ins have been modified and easements added to allow
maintenance access.
Water: Plans have been modified to upgrade the existing 2" and 6" lines to 8". A request will
be made to the City Council to fund the sections of these lines that are not along our frontage
and to offset water impact fees from the cost of this public facility upgrade.
Drainage: Additional information regarding work within the f100dway and floodplain will be
provided upon completion.
Other Information:
I. Parkland Dedication fees: Comments noted.
2. Perimeter Street Improvement requirements: It is the developer's intent to approach the
City Council with a proposal to reconstruct one-half of Cedar Court and Jo Will Court
along his frontage as an asphalt cross-section with no curb and gutter (which is consistent
with the remainder of Cedar Court and Jo Will Court) and request that the City of
Colleyville fund the connecting sections that are not along our frontage and offset roadway
impact fees from the cost of this public facility upgrade.
3. Impact Fees: Comments noted regarding water, sewer and roadway impact fees. See
comments above regarding roadway and water impact fees.
4. Sidewalks and Trails: A waiver is requested to the requirement to install sidewalks. Cedar
Court and Jo Will Court have neither curbs and gutters or sidewalks across their entire
length. I n order to preserve the country atmosphere of this residential estate subdivision,
the perimeter street ( I (2 street) reconstruction is proposed to not have curbs and gutters
so as to maintain consistency. Sidewalks are practical only where adjacent to a curbed and
guttered roadway, so a waiver of this requirement is requested.
Please contact me if you have any questions.
Sincerely,
/
i /
L./
(~~
, J
~ Dewey, Jr.
.~
Texas
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
September 22,2003
P-03-025 - Preliminary Plat of Lots 1 thru 8, McCrary Estates
Addition, 6.67 acres located in the 5800 block of Bransford Road
on the west side.
STAFF REVIEW COMMENTS:
McCrary Holdings, LP, is the owner and developer of a 6.67 acre tract located on the
west side of Bransford Road, in the 5800 block. The property has approximately 360
feet of street frontage on Bransford Road and is approximately 792 feet in depth from
Bransford. The property is currently zoned R20-Single Family Residential. The owner
has submitted a Preliminary Plat of the property for review and consideration by the
Planning & Zoning Commission. The plat will create eight lots for the construction of
new residences.
Zoning. The property is currently zoned R20-Single Family Residential and the
proposed development satisfies or exceeds all of the requirements for the R20 zoning
district.
Right-of-Way Dedication. The developer is dedicating sufficient right-of-way along
Bransford Road to provide one-half of an ultimate 75 foot right-of-way for this
thoroughfare. The developer is also dedicating a fifty foot right-of-way for the street
within the development which serves the adjacent lots.
Parkland Dedication Fees. The payment of parkland dedication fees is required for
this development, since eight 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 Bransford Road is does not meet the current roadway
standards of the Land Development Code. 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 any building permits.
The owner's surveyor has addressed all Dellelopment Review Committee comments.
This plat requires the additional approval of the City Council.
RECOMMENDATION:
Approval
Agenda Item No. .2 - Page 1
ATTACHMENTS:
· Location map
I Plat
· Development Review Committee memo
· Surveyor Correspondenc
Prepared by:
Agenda Item No. 2 - Page 2
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Case P-03-025 - Preliminary Plat
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CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE
September 10, 2003
Mark McCrary
817-849-8501
Tom Pritchett
FAX TO
FAX NO
o
972-484-1230
FROM Clayton Husband, AICP, Community Development Manager
SUBJECT P-03-025 Preliminary Plat - McCrary 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 . Add a written scale to the drawing.
2. The island in the cuI de sac bubble needs to be designed to allow for adequate turning radius
for emergency vehicles. The island may be a hardscape material flush with the pavement.
Other detailed designs will be considered on a case-by-case basis.
3. Add the following note to Lot 8: This lot to be replatted as part of Kay's Circle B Bar K
Ranch subdivision.
TREE PRESERVATION
Trees not located within the right-of-way must be preserved during the construction of the
subdivision. Before construction begins on the site, protective fencing must be installed around all
preserved trees located outside the right-of-way. The fencing must be located at the dripline of the
preserved trees. The protective fencing may be comprised of orange vinyl construction fencing,
chain link fence or other similar fencing with a four-foot (4') approximate height. The fencing
must remain in place during the entire construction period.
ENGINEERING CONSTRUCTION PLANS
The engineering construction plans have been reviewed by the Engineering Department, Fire
Department and Public Works Department. Questions concerning the engineering construction
plans should be directed to Chad Bartee at 817-577-7587.
P.O. Box 185 - COLLEYVILLE, TEXAS 76034 - 817.577.7587
DEVELOPMENT REVIEW COMMITTEE
P-Q3-Q25 McCRARY ESTATES
SANITARY SEWER. The sanitary sewer line must be increased in size to six (6) inches. This is the
minimum size required by the Land Development Code. A manhole is required near the middle
of the line. A clean-out may be provided at the end of the line.
WATER. The S-inch water line must be looped back into an existing line. The final engineering
plans submitted with the final plat must show this connection.
FIRE COVERAGE. The fire hydrant should be moved to a location between lots 6 and 7.
DRAINAGE. Information is needed for the 2-, 5-, 10-,25- and 50-year storm events. The time of
concentration on all calculations needs to be IS minutes. The "c" coefficient for proposed
conditions must be increased to 0.60.
OTHER INFORMATION
1. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along Bransford
Road and all interior streets. The intemal sidewalks must be installed when any new residence
is constructed on the property. The intemal sidewalks must be at least 4-feet wide. The
sidewalks along Bransford Road are required to be 5-feet wide, and the developer is required
to construct the Bransford Road sidewalk as part of the public improvements for this property.
2. 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 Engineering Department will provide a formal
assessment of impact fees to the Building Inspection Department upon submittal for a building
permit. The fees listed below are intended to provide general information on the fees that
could be assessed.
ROADWAY
$1,589 per dwelling unit for SINGLE 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
3. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are
required for this property since Bransford 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 response letter should indicate the developer's intention of construction or escrow
regarding this roadway. An estimate of this cost may be requested from Chad Bartee,
engineering department, at SI7-577-7SS7.
4. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the
subdivision plat. The fee for residential uses is $1,S02 per dwelling unit. An assessment of
parkland dedication fees will be provided upon the review ofthe final plat.
PAGE20F3
DEVELOPMENT REVIEW COMMITTEE
P"(}3"(}25 McCRARY ESTATES
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, September 22,2003, 7:00 p.m.
Tuesday, October 7,2003, 7:30 p.rn.
RESUBMITTAL REQUIREMENTS
A marked-up print is available for pickup in the Community Development Department offices.
Once you have completed the changes to the drawing, please submit the following to our offices:
· 15 folded copies of the revised Preliminary Plat drawing
. one 8W' 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 above requested items must be submitted no later than noon on Wednesday, September 17,
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<<;:iki.colleyville.tx.us if you have any questions.
I c: DEVELOPMENT REVIEW COMMITTEE
PAGE 3 OF 3
T. H. PRITCHETT / Associates
Landscape Architectural Design and Site Planning
3017 Westminster Drive, Fanners Branch, Texas 75234-7860
Fax, 972-484-1230 Office, 972-484-7373
Email: tom@LandDesignPlan.com www.LandDesignP/an.com
September 16, 2003
Mr. Clayton Husband, AICP
Community Development Manager
City of Colleyville
P.O.Box 185
Colleyville, Texas 76034P
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Re: McCrary Estates, Preliminary Plat Request
Subject Z-03-025
Clayton,
We have received your Development Review Committee Review comments and
have listed below our responses.
Plat Drawing
1. The written scale was added under the graphic scale, as 1 '=40' -0" scale.
2. The island in the cul-de-sac was removed from the plans. The cul-de-sac will
be all concrete paving,
3. The note requested on Lot 8 was reviewed and the note will not apply per our
latest plans. The Lot 8 will not be rezoned as a part of the Kay's Circle B Bar K
Ranch Subdivision. The zoning request Z-03-022 is to be with drawn at this time.
Lot 8 will be a developable lot with in the new subdivision.
Tree Preservation
1, The tree survey is underway at this time and tree preservation and mitigation
will be considered during engineering and construction plans. We plan if minor
adjustments to the roadway alignment are required to save a large tree we will
attempt to accomplish that within City roadway curve data,
Engineering Construction Plans
1. Sanitary sewer lines on the Preliminary Utility Plans have been increased to
six ( 6" ) inches. A manhole will be located per design comments during
engineering and construction documents along with all required clean.outs.
2. Water line design will be designed to loop back into an existing water line. The
proposed routing would be back to the south and east to Brandsford Road all on
the McCrary Land, and or Kay's Circle B Bar K Ranch Subdivision,
3. The fire hydrant was relocated between lots 6 and 7.
4. Drainage information was revised per the City comments for storm events,
time of concentration, and coefficient "C" for proposed conditions was increased
to 0.60.
Other Information
1. Sidewalks per the Land Development Code will be included in the final
construction documents.
2. Impact fees were reviewed.
3. Perimeter Street Improvement Requirements were reviewed. The
development team will meet with Mr. Chad Bartee to review the estimated costs.
4. Park Land Dedication assessment was reviewed and is budgeted.
Sincerel~ 'itf-
@1?!!t
Landscape Architect
CC: Mark McCrary, Owner
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Tex<t~
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
September 22,2003
Z-03-021 - Public Hearing - Zoning Change from R20 to RE-
Single Family Estate on Lots 10, 11 & 13, Oak Knoll North Addition
STAFF REVIEW COMMENTS
JDJR Engineers & Consultants has submitted an application to rezone 10.943 acres from
R20 to RE-Single Family Estate. The property consists of three large platted lots located at
the north end of Cedar Court and Jo Will Court. The property, while platted, contains no
structures. The purpose of the rezoning request is to allow development of large estate
homes where the owners may have horses on the property. The RE zoning district allows
horses in conjunction with a residential dwelling.
The adjacent property to the west is a large tract of land currently zoned Agricultural. The
properties to the south are part of the Oak Knoll North Addition and are currently zoned
R20-Single Family Residential. The properties to the east are located in the Hidden Acres
Addition and are currently zoned RE-Single Family Estate. The property to the north is
located in the City of Southlake.
IMPACT ISSUES
1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan,
adopted in 1998, which designates this area as a future single-family residential area.
2. Surrounding Properties. The surrounding properties are developed as single-family
residences or will be developed as single-family residences.
3. Development Trends. The long-term trend for this area is single-family development.
Property in the area is generally suitable for that type of development.
4. Infrastructure. There is an existing six inch sewer line located in the right-of-way of
Cedar Court, although its depth is inadequate to provide sewer service to the proposed
development. The developer is installing a new sewer line at his own expense to serve
the proposed three lots.
There is an existing two inch water line within the right-of-way of Cedar Court that
serves these lots. However, the water system master plan calls for an eight inch water
line in this area. The developer plans to upgrade the water line to the eight inch size
and will coordinate the upsizing of the water line with the City. The City will utilize funds
from the water impact fee fund for this purpose.
Agenda Item No. 3 - Page 1
5. 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. The proposed development is estimated to add an additional 29 trips
per day to the traffic volume on John McCain Road.
6. Public Notification. Staff mailed notices to 15 adjacent property owners regarding this
request. Notice was published in the Fort Worth Star-Telegram as required by state law
and the Land Development Code. No correspondence has been received regarding
this request.
PUBLIC HEARING SCHEDULE
Planning & Zoning
Commission: September 22, 2003
City Council: October 7 and October 21, 2003
RECOMMENDATION
Approval
ATTACHMENTS:
· Location Map
· Zoning Exhibit
· Area Zoning Map
· List of Property Owners Notified
Prepared by:
J. Clayton Husband, AICP
Community Development Manager
Agenda Item No. 3 - Page 2
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CASE # Z-03-021 - Zoning Change from H2O to RE
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Trinity Christian Center, Inc.
2442 Michelle Drive
Tustin, CA 92780
Richard & Cynthia Holzbach
1305 Bellefonte Lane
Colleyville, TX 76034
Salyer Real Estate LLC
2555 SW Grapevine Pkwy Ste 100
Grapevine, TX 76051
Northwest Bank
615 E Byron Nelson Blvd.
Roanoke, TX 76062
Stephen & Yvonne Johnson
7312 Hix Court
Colleyville, TX 76034
William Stromberg, Jr.
500 Grapevine Hwy, Ste 220
Hurst, TX 76054
William Glenn
7312 Cedar Court
Colleyville, TX 76034
Joseph & Shelley Valforte
107 Heneretta Drive
Hurst, TX 76054
Lesli Howard
7404 Jo Will
Colleyville, TX 76034
Thomas Lahoda
7401 Jo Will Street
Colleyville, TX 76034
Jack Cantrell
7313 Jo Will Street
Colleyville, TX 76034
Terry & Susan Gates
7309 Jo Will
Colleyville, TX 76034
Ronald & Rita Copp
7112 Cedar Court
Colleyville, TX 76034
Charles & Cynthia Sledge
7317 Cedar Court
Colleyville, TX 76034
J F Acoveno A& Angela Marks
7309 Cedar Court
Colleyville, TX 76034
City of Southlake
1400 Main Street
Southlake, TX 76092
JDJR Engineers & Consultants, Inc.
C/o Jim Dewey, Jr., Applicant
2500 Texas Drive, #100
Irving, TX 75062
Phil Salyer
Salyer & Associates, Inc.
2557 SW Grapevine Parkway, #20C
Grapevine, TX 76051
Case Z-03-021 (Notices dated: September 12, 2003)
According to the last published Tax Record, individuals who own property that is within the 200'
of the pr?po~ed special use permitland-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 d-
Planning &4'oning Assistant
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Texas
PLANNING & ZONING COMMISSION
AGENDA BRIEFING
Agenda Date:
Subject:
September 22, 2003
Z-03-023 - Public Hearing - Zoning Change from R40 & R20 to
R30, 9.56 acres located at 2113 Glade Road and 4800 Bill
Simmons
STAFF REVIEW COMMENTS
Mr. Barry Mitcham has submitted an application to rezone 9.56 acres to allow the
development of a residential subdivision. The developer is requesting the property be
rezoned to R30-Single Family Residential. The property consists of two un-platted parcels,
one containing 5.12 acres and the second parcel containing 4.44 acres. The 5.12 acre
parcel has approximately 165 feet of frontage on Glade Road and is currently zoned R40.
The second parcel has approximately 790 feet of frontage on Bill Simmons Road and is
currently zoned R20. The R20 parcel also contains an existing single family dwelling.
Upon approval of the rezoning request, the developer anticipates submitting a preliminary
plat to divide the property into five residential lots.
The surrounding property is single-family residential in nature. Properties across Glade
Road to the north are zoned R40. Properties to the east and to the south are zoned R20.
The adjacent property to the west is zoned a PUD-R and is the location of the proposed
Beldon Hollow Addition, which received approval of the final plat at the September 2,2003
City Council meeting.
IMPACT ISSUES
1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan,
adopted in 1998, which designates this area as a future single-family residential area.
2. Surrounding Properties. The surrounding properties are developed as single-family
residences or will be developed as single-family residences.
3. Development Trends. The long-term trend for this area is single-family development.
Property in the area is generally suitable for that type of development.
4. Infrastructure. There is an existing six inch sewer line located along Glad Road and
Bill Simmons Road. However, at the time of platting, the developer's engineer will have
to determine if the existing sewer line is deep enough to serve the proposed lots. If
additional sewer lines are required, they will be constructed at the developer's expense.
There is an existing ten inch water line along Bill Simmons Road and an existing eight
inch water line along Glade Road, which should be adequate to serve the proposed
development. Additional fire hydrant coverage may be required, as determined at the
time of platting.
Agenda Item No. 4 - Page 1
5. 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. The proposed development is estimated to add an additional 48 trips
per day to the traffic volume on Glade Road.
6. Public Notification. Staff mailed notices to 18 adjacent property owners regarding this
request. Notice was published in the Forl Worlh 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: September 22,2003
City Council: October 7 and October 21, 2003
RECOMMENDATION
Approval
ATTACHMENTS:
· Location Map
I Zoning Exhibit
· Area Zoning Map
· List of Property Owners Notified
Prepared by:
J. Clayton Husband, AICP
Community Development Manager
Agenda Item No. 4 - Page 2
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Case Z-03-023 - Zoning Change from R40 & R20 to R30
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Proposed Subdivision of Land
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BaTT1/ Ji;,teho.m
PO Bo% 663
Coll.yvill. T.%4S 76034
ZONING EXHIBIT FOR ZONING REQUEST CHANGE
REQUEST FROM R-20 TO R-30
REQUEST FROM R-40 TO R-30
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ICI Development, LLC
4101 Gateway Drive
Colleyville, TX 76034
Carl & Charlsie Mitcham
PO Box 983
Colleyville, TX 76034
Caroll 1 Shanklin
PO Box 598
Colleyville, TX 76034
Robert A & Katie Maass
4800 Bill Simmons Road
Colleyville, TX 76034
Mark Mouton
4805 Bill Simmons Road
Colleyville, TX 76034
Clifford & Glenda Hood
2108 Glade Road
Colleyville, TX 76034
Stanley Porter Est.
PO Box 1022
Grapevine, TX 76099
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c.1v~ B(1vid & Kuoln Womddurf
~1>" 4809 Bill Simmons Road
",\,\1 Colleyville, TX 76034
Daniel Erhard
4701 Bill Simmons Road
Colleyville, TX 76034
Doris 10 Patterson
4703 Bill Simmons Road
Colleyville, TX 76034
Marcia Ketchum
4705 Bill Simmons Road
Colleyville, TX 76034
Jack Patterson
4703 Bill Simmons Road
Colleyville, TX 76034
Neil & Tabatha Tanner
4709 Bill Simmons Road
Colleyville, TX 76034
Carl & Charlsie Mitcham
4612 Bill Simmons Road
Colleyville, TX 76034
Robert & Janelle Hardisty, IV
5000 Montclair Street
Colleyville, TX 76034
Barry Mitcham, Applicant
PO Box 663
Colleyville, TX 76034
Case Z-03-023 (Notices dated: September 12, 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 of the proposed change request as required by
the Texas local Government Code and the Colleyville land Development Code.
Jan Levy /J/!.--
Planning &' #ning Assistant