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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-11/24/2003 city Of n~ AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 5400 Bransford Road Monday, November 24, 2003 REGULAR MEETING: 7:00 P.M. CALL TO ORDER Chairman Jeff Wall INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES CITIZEN COMMENTS AGENDA ITEMS Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall Chairman Wall ROLL CALL November 10, 2003 1. Case P-03-034 - Final Plat of Villas del Mar, 4.04 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive 2. Case Z-03-027 - PUBLIC HEARING - Zoning change from CC2 to CPO on 2.67 acres located at the northeast corner of Heritage Avenue and Gateway Drive 3. Discussion of the Master Plan Update 4. Staff Comments, Reports and Discussion Items The following items were received on the last case submittal deadline: · Case P-03-037, Replat of Lot 2 Grassi Addition & Lot 1 Harden on Montclair Add'n located at 5413-5501 Montclair Drive · Case P-03-038, Minor Plat of the Allen Addition, 1.027 acres located at 1204 John McCain Road · Case Z-03-029, An amendment to the SUP for alcoholic beverage sales for off-premise and on-premise consumption in Town Center Colleyville Addition (0-03-1389) located at the southeast corner of Hall Johnson Road and Colleyville Boulevard Planning and Zoning Commission Agenda - November 24.2003 Page 1 of 2 . Case Z-03-030, Zoning Change from AG to R20 on 1.027 acres located at 1204 John McCain Road 5. Commissioners' Comments and Reports ADJOURNMENT I, Jan Levy, certify that this agenda was posted on the Bulletin Board at City Hall on Friday. November 21, 2003 at 4:30 p.m. ct :11 i I :11 I 'il ,I I Planning and Zoning Commission Agenda - November 24. 2003 Page 2 of 2 2;eJll~ ,t. ~ 01 ~ PLANNING AND ZONING COMMISSION MEETING MINUTES - November 10, 2003 CALL TO ORDER Chairman Wall called the meeting to order at 7 p.m. ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Mark Jones, and Jeff Wall were present. Commissioners Bob Culley and Bud Sellers were absent. Clayton Husband, and Jan Levy from staff were present. INVOCATION The invocation was given by Commissioner Jones APPROVAL OF MINUTES October 27, 2003 Commissioner Kelly moved to written. Commissioner Swift acclamation. approve the minutes of the October 27, 2003 meeting as seconded the motion. The motion passed by unanimous ~ CITIZEN COMMENTS There was no comment. AGENDA ITEMS 1. Case 2-03-025 - Zoning change from CC1 to CC2 with a Special Use Permit for Automobile Sales on Lot 1, Block 1, Tutan Addition, located at 5311 Colleyville Boulevard Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There were comments and discussion regarding fencing and parking regulations, the possible upgrading of the existing buildings, and the design study for Colleyville Boulevard. John Harmon, 3756 Oak Cove Lane, Bedford, TX, was present to represent the case. He displayed a layout and pictures of the property. He addressed the objection from the church located across the street. He answered questions by the Commission regarding the type of business he proposed to conduct in the accessory building behind the fence. He told the commissioners about the volume of automobile sales in comparison to the ancillary business that will take place in the accessory building. He said he will improve the condition of the existing fence, but the building is in good condition and is all brick and did not need improvements. The commissioners entered into discussion with the applicant about the three year projected business plans and the TXDOT right-of-way plans and the impact that has on the property. Planning & Zoning Commission Minutes - November 10, 2003 Page 1 of 5 Draft Copy Chairman Wall opened the public hearing. Those present wishing to speak were: J. T. Corley, 5409 & 5413 Colleyville Boulevard. He asked questions about the use of the accessory building and if they planned on working on the general public's automobiles. Lannie Wilkinson, 7705 Altcrest Drive, Grapevine. He spoke about the property being in the TIF district and how the inventory will show up on the end of the year property tax and how it will impact values. He said the business is near Lee Lighting and he would rather see a use rather than no use of the property, but questioned if this is the kind of business for the area with all the new growth related to Town Center. There was no one else wishing to speak and Chairman Wall closed the public hearing. The applicant addressed the concerns raised during the public hearing. Chairman Wall asked staff about the implications of the TIF district on the property and the best uses for the property. The commissioners entered into discussion about the Highway 26 Design Standards for the area and the impact the Economic Development Task Force's report will have in the future design and business uses in the area. The commissioners talked about the proliferation of automotive uses on Highway 26. The applicant explained his market plan and how there are only two other car lots in the city and there are 20,000 citizens who will be able to purchase cars in Colleyville. Commissioner Swift said that on the basis this does not conform to the bigger picture for Colleyville and Highway 26 design standards, he moved to deny the Zoning Change and Special Use Permit. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Jones Noes: Wall Chairman Wall said he would have preferred that the case was tabled so the commissioners could get a report on the effects of the TIF district on this property. 2. Case Z-03-025 - Zoning change from CN and R20 to PUD-C with a Special Use Permit for Alcoholic Beverage Sales on 2.17 acres located at the northeast corner of Precinct Line Road and McDonwell School Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall informed the commissioners that there were two letters received, one from the Keller ISO and a letter from Realty Capital. The commissioners entered into discussion about the current Master Plan for the area, the Precinct Line Neighborhood Study, State of Texas requirements for alcoholic beverage sales close to schools, and uses listed in the PUD-C. Planning & Zoning Commission Minutes - November 10, 2003 Page 2 of 5 Draft Copy Richard Myers, 32 Village Lane, Colleyville, Texas, was present to represent the case. He explained the importance of the property location in relationship to being a gateway into Colleyville. He explained how he intends to construct improvements to the McDonwell School Road intersection to alleviate the backup of traffic. Tom Wouters, 32 Village Lane, Colleyville Texas, discussed the design standards for the project. The commissioners entered into discussion about restaurants and possibility of drive thru services. There was discussion about possible uses and the kinds of business the leasing team is targeting. They entered into discussion about the possible roadway accesses for the elementary school. Tom Wouters said they plan on making the intersection safer. Chairman Wall opened the public hearing. Those present wishing to speak were: Jeff Baker, Keller ISO, explained the demographics of the area and the plans to build a school in the area. He also talked about roadway improvements. Mr. Baker said the Keller ISO is not opposed to the zoning change, just to the SUP for alcoholic beverage sales because of the proximity to the proposed school. Phil Casey, 8404 Precinct Line Road, said he has been to the Precinct Line Road Corridor meetings and this is a perfect start for development in the area including the SUP for alcohol. He said that will attract a quality restaurant and he is 100% in favor. Steven Friese, 6700 Curtis Road, said he does not approve of alcoholic beverages so close to schools. He said the elevations look nice, but he does not want to live in an area that has broken glass because of alcoholic beverage sales. Franklin Cox, 6608 Curtis Road, said he's lived in the area 32 years and he likes the plan. He asked questions about drainage due to the increase in concrete and roof tops. He said he has a problem with alcoholic beverage sales. He talked about flooding in the area and the traffic patterns. He said he didn't want the smell of fried foods in the area. Sammie Bolling, 6712 Curtis Road, said she's lived there since 1967 when the area was country. She said she is not opposed to the development, but explained the traffic problems that they have in the area. She said she is not in favor of alcoholic beverage sales. Brian Gogle, 6704 Curtis Road, said he is no longer opposed to commercial development. He said he is in favor of adding a turn lane, but 116 parking spaces would attract more traffic. He said traffic is a big concern, but he is concerned about alcoholic beverage sales and the added risk of impaired drivers. He told about the many children who live in the neighborhood who would be at risk. He said he is in favor of the zoning change, but not the alcoholic beverage sales. The Planning & Zoning Commission paused the meeting for a five minute break. They returned to the meeting at 8:50 p.m. Diane Williams, 6700 Herbert Road, said she is opposed to the development. She expressed Planning & Zoning Commission Minutes - November 10, 2003 Page 3 of 5 Draft Copy concerns about the alcoholic beverage sales. She told the commissioners about the current traffic problems in the area and how they will get worse because of development. There was no one else wishing to speak, and Chairman Wall closed the public hearing. The commissioners commented on how the drainage will be addressed at time of platting, the Precinct Line Corridor Study, the need for alcoholic beverage sales for a restaurant to be successful; the mix of business uses; the proliferation of spas and salons in Colleyville; and roadway improvements. Commissioner Swift said looking at the overall economic issues and the number of failed businesses on Highway 26, he would not be in favor of the sale of alcoholic beverages for off-premise consumption, but would favor sales in a restaurant. He said traffic is a huge issue and this plan exacerbates an existing problem. He said the developer's plans are valid for this site if he can work around the traffic issues. The commissioners entered into discussion about the screening requirements and street fees for Curtis Road and the need for the developer and the city to enter into discussions with the Keller ISO regarding traffic issues in the area. Commissioner Jones moved to approve the zoning change and SUP with the landscape screening proposed by the developer. Commissioner Byerly offered a friendly amendment to the motion by adding a statement that an entrance and exit onto Curtis from the site is banned. Commissioner Jones accepted the amendment. There was discussion about the cut-through traffic. Richard Myers entered into the discussion about traffic and how the improvements to the intersection will alleviate the problems. Tom Wouters said he has met with Fire Marshal Jeff Jones to discuss the traffic problems and intersection improvements. Commissioner Byerly seconded the motion to approve with the amendment. Commissioner Swift moved to amend the motion for approval with a statement that the sale of alcoholic beverages for off site consumption is not allowed. Commissioner Kelly seconded the amendment to the motion for approval. The vote on the amendment being: Ayes: Kelly, Swift, Noes: Byerly, Jones, Wall The amendment did not pass. The vote on the original motion with the amendment that an entrance and exit onto Curtis from the site is banned being: Ayes: Kelly, Swift, Byerly, Jones, Wall Noes: None Planning & Zoning Commission Minutes - November 10, 2003 Page 4 of 5 Draft Copy 3, Discussion of the Master Plan Update: There was discussion about the last meeting with the South Colleyville Neighborhood. 4. Staff Comments, Reports and Discussion Items Clayton Husband distributed CD's of the Land Development Code and other studies to the commissioners. 5. Commissioners' Comments and Reports There was discussion about the second meeting in November being close to Thanksgiving and if there would be a quorum. Commissioners Byerly, Swift, Jones and Wall said they would be at the meeting. The Commission adjourned the meeting at 9:55 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 - November 10,2003 Page 5 of 5 Draft Copy .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: November 24,2003 P-03-034 - Final Plat of Villas del Mar, 4.04 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive STAFF REVIEW COMMENTS: Coni's Boardwalk Homes is the owner of a 4.04-acre tract located at the northeast corner of Cheek Sparger Road and Steeplechase Drive. The owner has submitted a Final Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will create ten lots for the construction of new single family residences. Zoning. The property is currently zoned PUD-R Planned Unit Development Residential. The zoning was approved by Ordinance 0-03-1422 on September 16, 2003. The proposed lots meet the requirements established by the zoning for this property. Open Space. The plat contains an open space lot at the west end of the development, adjacent to Steeplechase Drive. A portion of this open space lot will contain a small detention pond that will control stormwater runoff from this property and the adjacent property to the east. The PUD-R ordinance for this property also requires that a row of trees be planted in the open space lot. The homeowner's association is required to maintain the open space and detention pond. Sidewalks and Trails. The developer is required to construct a 10-foot wide hike and bike trail along Cheek Sparger Road as part of the public improvements to the property. Each homebuilder is required to construct a 4-foot wide sidewalk on each lot as houses are built within the subdivision. Right-of-Way Dedication. The developer is dedicating additional right-of-way along Cheek Sparger Road to satisfy the requirements of the Master Thoroughfare Plan. The developer is also dedicating right-of-way for the street within the development that serves the individual lots. Parkland Dedication Fees. The payment of parkland dedication fees is required for this development, since ten new residential lots are being created by this plat. The fee for single-family residential development is $1,802 per dwelling unit. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since Cheek Sparger Road does not meet the current roadway standards of the Land Development Code. The developer is required to construct one- Agenda Item No. 1- Page 1 half of the street or provide an equivalent amount of cash escrow for future improvement by the City before the issuance of any building permits. The owner's surveyor has addressed all Development Review Committee comments. This final plat also requires approval by the City Council. RECOMMENDATION: Approval ATTACHMENTS: · Location map · Plat · Development Review Committee memo · Surveyor Correspondence Prepared by: ~ Agenda Item No.1 - Page 2 EXHIBIT A - ZONING MAP I " I :: I.. " . : : _5... ~ i \ : 1 l~ ~!~~ ~ ~:\ \ \ I 6.8:"- \I ~~A: i!~ i -.~ ~ ~\ i! i l,mn{5~1,,=~~~_-_-.d~ i~ 1 : r \~~~~~]J-- ! -----~----r11~ i I I I ~ "'~ la .... Ip.!:: ~ : , i i, ~3 :I: ~~ ~.r.~i l ~o I I I ~ ~ ... ~ .. ~rr=r~ " i ~ i ~~ //-~-'~-T1: I" \ :11 ~;/ >(1 ~\ \ \ :1; l .....1 ! , i~H: l! . / ~$ ~ ~i 'i:; I :, "i-'~'&-~ ~ I--'T~ 'I --n-mm-~~,!i ~ \ ~: l~ ~_ ,~~ 1 i 81 : ~!; .:', I a; ~ I ~~ . ~i~,: ... ~ ~ : ~,: ~~ 1 _ ~I ~ I ~~ _ llq' ~I ~ I ~ :.1.' ... I i~~ I ~ '''Ii, ;1 Ii: :11 ~1 I! ~ ~-~~-:: I -8~ : i --"&~~: .:I,.r:t i.1 I' ~~u .. i ,~ i ~ I' ll: ~'. ~ 'H:' ~!.~ : :'~ I;. ~:~ ~ I f:! I .... 'l 1 - ~ I III l~ '" ...: ~: ~~!' 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The following comments are for your consideration. PLAT DRAWING 1. Label the open space lot in the southeast comer as Lot 12. 2. Revise the title block to read, in part: Lots 1-12, Block 1 3. Approval blocks for the Planning and Zoning Commission and City Council need to be added to the drawing. The required blocks are attached. 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 ofthe 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. Comments are noted on a marked-up set of prints, which is ready to be picked up from City offices. Questions concerning the engineering construction plans should be directed to Chad Bartee at 817-577-7587. P.O. Box 185 - COLLEYVILLE, TEXAS 76034 - 81 7.577.7587 DEVELOPMENT REVIEW COMMITTEE P-03-034 VILLAS DEL MAR OTHER INFORMATION 1. PUD-R REQUIREMENTS. The approved PUD-R for this property contains several conditions related to the development of this property. Two of these conditions are: 1) All houses constructed in this development shall not exceed one and one-half stories in height; and 2) A row of trees shall be planted along the eastern edge of the open space lot adjacent to Steeplechase Drive. The trees shall be a minimum size of four caliper-inches. The trees shall be spaced no more than thirty feet apart. 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 fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific plans for construction or conditions contained in a City- Developer Agreement, if applicable. ROADWAY $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. 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 Cheek Sparger Road is considered an unimproved street and the plat contains more than one residential lot. The owner is required to construct one-half of the streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. 4. PARKLAND DEDICATION. 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 approval of the final plat. 5. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide. This property is also subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Cheek Sparger Road. The Pathways Plan requires a 10-foot wide trail along Cheek Sparger Road. The developer is required to construct the trail as part of the improvements for this property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, November 24,2003, 7:00 p.m. Tuesday, December 16,2003,7:30 p.m. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-03-034 VILLAS DEL MAR RESUBMITTAL REQUIREMENTS Marked-up prints are 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: · 18 folded copies of the revised Final 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, November 19, 2003 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or husbandc@ci.colleyville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE 3 OF 3 Land Develooment Code Texas Citv of Collevville s. Street Names - All street names shall be shown on the plat. New street names shall be sufficiently different in sound and in spelling from other street names in the city to avoid confusion. The continuation of an existing street shall bear the same name. t. Phasing of Plats - The plat drawing shall indicate any phasing of the proposed subdivision. Thereafter, plats of subsequent phases shall conform to the approved overall layout and phasing, unless a revised Preliminary Plat is submitted and approved in accordance with this Chapter. However, a subsequent reduction of a phase may be considered provided that it conforms to the original street arrangement. u. Lot Dimensions - The approximate dimensions of all lots shall be shown on a Preliminary Plat and the exact dimension shown on all other plats with accuracy to one-hundredth's of one foot. The dimensions shall be sufficient to verify compliance with the minimum requirements of the applicable zoning district. v. Flood Plain Features - The location of the 100-year flood limits, if applicable, shall be shown on the plat and contained within a drainage easement. If the subdivision, or a portion thereof, is located in the 100 year flood-prone area, the developer will be required to comply with the Flood Damage Prevention Ordinance. w. Irregular Side Lot Lines. Side lot lines which are not perpendicular to the street right-of-way shall be indicated with bearing and distance. x. Lot Areas - The area for each lot expressed in square feet shall be shown on the plat. y. Survey Notes - The Final Plat shall be accompanied by one (1) set of surveyor's closure notes for the boundary of the subdivision. The notes shall be referenced in the same manner as the plat. z. Certification Blocks - All plats shall contain the appropriate certification blocks which shall be similar to those shown. 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 City Council Approval Whereas the City Council of the City of Colleyville, Texas voted affirmatively on this I 20_, to approve of this Plat day of Mayor. City of Colleyville Attest: City Secretary Chapter 8 - Plat Review Procedures Page 8 - 17 VILBIG & ASSOCIATES, INC. CONSULTING ENGINEERS & SURVEYORS 10132 MONROE DRIVE DALLAS, TEXAS 75229 (214) 352-7333 FAX (214) 352-0999 MEMORANDUM TO: Clayto Husband, AICP, Development Coordinator DATE: November 17, 2003 FROM: Paul E. Mannel, R.P.L.S. PROJECT: Villas Del Mar Addition Final Plat ITEM: The following changes were made to the above plat. 1. Label the open space lot ine the southeast comer as Lot 12. 2. Revise the title block to read, in part: Lots 1-12, Block 1 3. Approval blocks for the Planning and Zonning Commission and City Council needed to be added to the drawing. 2:\118-24 Colleyville\AdministJative\General Notes\plat comments.doc ORDINANCE 0-03-1422 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 4.04 ACRES OF LAND OUT OF THE B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT 228, FROM THE CN NEIGHBORHOOD COMMERCIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by James Schnurr for Citizens National Sank of Weatherford on July 22, 2003, under Case No. Z-03-019; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment: and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds description attached as Exhibit "S", by changing the zoning of said property from the CN Neighborhood Commercial district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-03-1422 Page 2 of 4 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences. detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (1) Minimum Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line (6) Rear Building Line 9.000 square feet 80 feet 1 00 feet 25 feet 5 feet 10 feet b. The maximum number of single family lots allowed within this development shall be ten (10) lots. 3. DWELLING UNIT REQUIREMENTS a. All houses constructed in this development shall not exceed one and one-half stories in height. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of fifteen (15) percent of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. b. A row of trees shall be planted along the eastern edge of the open space lot adjacent to Steeplechase Drive. The trees shall be a minimum size of four (4) caliper-inches. The trees shall be spaced no more than thirty (30) feet apart. c. The common open space may be utilized for storm water detention purposes. Sec. 3. Sec. 4. Sec, 5. Sec. 6. Ordinance 0-03-1422 Page 3 of 4 5. CONCEPTUAL. SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall be not considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate physical, topographic, drainage or other conditions. b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 6. STREETS AND SIDEWALKS a. The developer shall construct a 10-foot wide hike and bike trail along Cheek Sparger Road at the same time as other public improvements are constructed in the subdivision, unless funds are escrowed with the City for future construction of the sidewalk. b. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. Ordinance 0-03-1422 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ Ncf.. day of ~. oJAnlHAJ 2003. _./ ' / . Ttie second reading and public hearing being conducted on the /~ ~ day of ~/,..uu 2003. A~~~ Cynthia Singleton, TRMC City Secretary EXHIBIT A - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION Tract A BEING a 2.05 acre tract of land in the B.B.B. and C.R.R. Company Survey, Abstract No. 228, situated in the City of Colleyville, Tarrant County, Texas and being a portion of a remainder of that certain Tract I conveyed to Charles S. Owen, Curtis E. Ramey and Joan K. Whigham by deed recorded in Volume 6107 Page 339 of the Deed Records of Tarrant County, Texas (DRTCT), and being more particularly described as follows: BEGINNING at the southwest comer of Lot 1, Block 6, Bridlewood Estates, as shown on plat in Cabinet A, Slide 1780, Plat Records, Tarrant County, Texas for the northwest corner of said remainder of Tract I, from which point a 5/8-inch iron rod found for reference bears North 89 degrees 24 minutes East 1.0 foot; THENCE North 89 degrees 24 minutes 20 seconds East (base bearing North 89 degrees 24 minutes 22 seconds East per Bridlewood Estates plat) along the south line of said Block 6, Bridlewood Estates for the north line of said remainder of Tract I, a distance of 289.26 feet to a 5/8-inch iron rod set for comer; THENCE South 00 degrees 28 minutes 45 seconds West, crossing said remainder of Tract I, a distance of 307.21 feet to a 5/8-inch iron rod set in the south line of said Tract I and the north right-of-way line of Cheek Sparger Road (a variable width right-of-way); THENCE South 89 degrees 26 minutes 40 seconds West with said south line of Tract I and north right-of-way line of Cheek Sparger Road, a distance of 292.56 feet to a 3/8-inch iron rod previously set in asphalt pavement for the southwest corner of said remainder of Tract I at the intersection of said south line of Tract I and north line of Cheek Sparger Road with the extended east line of said Steeplechase Drive; THENCE North 01 degrees 05 minutes 40 seconds East to and with said east right-of-way line of Steeplechase Drive for the west line of said remainder of Tract I, in all a distance of 307.09 feet to the Point of Beginning and containing 89,326 square feet or 2.0506 acres of land. more or less. ./ ./ -..... - 1I1.Il' , I I, tol.....s7S1' 1~4l1. 1.J,415..W sr I I a....tJlJ. . , I. . J4.3eI.1'fr go , , ; , , , I I. I ./ ---- "- --- ! ,-' , ./ I; _ lJoK- ... -' , r/ ~:.~ I'l , J ,; \ lJ,4'l.U' I ~ " \ \ . I; i: ~ ) \ ,.1 ~ I ,I ~, 1\ I I . ~ "--, --..., , ., .. .... ~I I i ! -----, , I , " ,! I , I ......---- I J(1.l... , I ... '''''''''... .,l ,= ~ r j; ~..: 8r II , , .D I -\ 1 , ~ . 'I I I, I , IG,JDG'M' I , I - .\ , --- J ~.om._ , b.. ~ ... . ~ ----.,.. . ... l' r ....I~...~~a~ . _ .....0$1fS "",.,,- --- - ..... EXHIBIT C -CONCEPTUAL SITE PLAN EXHIBIT B - METES AND BOUNDS DESCRIPTION Tract B BEING a 2.05 acre tract of land in the B.B.B. and C.R.R. Company Survey, Abstract No. 228, situated in the City of Colleyville. Tarrant County, Texas and being a portion of a remainder of that certain Tract I conveyed to Charles S. Owen, Curtis E. Ramey and Joan K. Whigham by deed recorded in Volume 6107 Page 339 of the Deed Records of Tarrant County, Texas (DRTCT), and being more particularly described as follows: BEGINNING at the southwest corner of Lot 1, Block 6, Bridlewood Estates, as shown on plat in Cabinet A, Slide 1780, Plat Records, Tarrant County, Texas for the northwest corner of said remainder of Tract I, from which point a 5/8-inch iron rod found for reference bears North 89 degrees 24 minutes East 1.0 foot; THENCE North 89 degrees 24 minutes 20 seconds East (base bearing North 89 degrees 24 minutes 22 seconds East per Bridlewood Estates plat) along the south line of said Block 6, Bridlewood Estates for the north line of said remainder of Tract I, a distance of 289.26 feet to a 5/8-inch iron rod set for corner; THENCE South 00 degrees 28 minutes 45 seconds West, crossing said remainder of Tract I, a distance of 307.21 feet to a 5/8-inch iron rod set in the south line of said Tract I and the north right-of-way line of Cheek Sparger Road (a variable width right-of-way); THENCE South 89 degrees 26 minutes 40 seconds West with said south line of Tract I and north right-of-way line of Cheek Sparger Road, a distance of 292.56 feet to a 3/8-inch iron rod previously set in asphalt pavement for the southwest corner of said remainder of Tract I at the intersection of said south line of Tract I and north line of Cheek Sparger Road with the extended east line of said Steeplechase Drive; THENCE North 01 degrees 05 minutes 40 seconds East to and with said east right-of-way line of Steeplechase Drive for the west line of said remainder of Tract I, in all a distance of 307.09 feet to the Point of Beginning and containing 89,326 square feet or 2.0506 acres of land, more or less. .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: November 24, 2003 Z-03-027 - Public Hearing - Zoning change from CC2 to CPO on 2.67 acres located at the northeast corner of Heritage Avenue and Gateway Drive STAFF REVIEW COMMENTS Roland Limosnero is the owner of 2.67 acres located on the north side Gateway Drive, just east of Heritage Avenue. The applicant has submitted a zoning change request on the property from CC2 Shopping Center Commercial to CPO Professional Office. The owner intends to subdivide the property into five lots for office development. The surrounding property is commercial and institutional in nature. The surrounding property to the north, east and west is zoned CC2 Shopping Center Commercial. The property to the south across Gateway Drive is zoned CPO Professional Office. Colleyville Heritage High School is located north of the site, and most of Gateway Drive is developed as small office buildings. If the zoning change is approved, the owner will submit a subdivision plat of this property and an adjacent tract to subdivide the property into five office lots and one commercial lot. The property located at the hard corner of Heritage Avenue will retain its CC2 zoning designation. The remainder of the property on Gateway Drive will be developed as offices. IMPACT ISSUES 1. Master Plan. The Colleyvil/e Master Plan designates the future use of this area for commercial type land uses. This request is consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are generally developed as commercial and institutional uses. 3. Development Trends. The area is experiencing moderate development of both commercial and office projects. Several new office buildings have been constructed on Gateway Drive this year. The area around Glade Road and SH121 continues to experience significant commercial growth, though most of the development is in Euless. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lots if necessary. Agenda Item No.2 - Page 1 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcel is valued at $323,800. The estimated City property tax revenue for the undeveloped property is $1,125 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Sales Taxes. It is likely that the project will not generate sales tax revenue. Most office services are not subject to sales tax. It is possible that the office development would have an indirect effect on sales tax revenue through the owners and visitors shopping at local stores and restaurants. 7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-tenant office buildings are expected to generate 11.57 trips per 1,000 square feet of floor area per day, on average. 8. 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: November 24, 2003 City Council: December 16, 2003 and January 6,2004 RECOMMENDATION: Approval ATTACHMENTS: . Location map . Zoning Exhibit (see large paper copy) . List of Property Owners Notified Prepared by: '->f-...., ~\ ,.- ,,'. ;, .~ '..~ ", ,... 111::,,_ J. cla~!:!.Husband, AICP Development Coordinator Agenda Item No.2 - Page 2 , '- , o c ~o \ I L o ~ ~o s c o~ ~ ' ,0" \ ' ,",eO' ~,,~ 1Il1 1J,.7211 . , .r"'" 1 I~" \ >11,706-" \ J '\' ..,\. ~\':'~i ,',V.\.,,:~A. \ u' TIl7J 15.222. AC 2 Ui2.~ . TIl 7A 2..17 AC TlI 7...1 2..11 AC c,R(t. -. ~ 10. ~ ~ 1. ,.. . ~ , 1 \.1447. TIl .... 2_ . . 2..711 . TIl ...... Ji.a1. N v'" C. \ t ~ ? Q ~1 ... ,.. (, ~ . 3.04. \. ::.. ~ ~ t<l 0" ~"', ~, _" 0" \"""'" "'...0"1 1; ",G \. lr..\.'Z '\'\t. ~ \c~oO t.MJ6. TR e3A1 .IC" t1I I8J -- .- ,~~rf.- ~~ . ~.... Ud-e~ ~~ . ~"'Coc; ~\.. 10 ~~ m.. . ~_ 245~ '"' 1"4 2..417 . . 3 J.~ . < s .. ' ~ 0 ~ .'If (, \.. 3..110. , I."," . '" .8711 . .,\ ", . __ ~. _... ..1~:'~.. _. ~ -. --. .--..-.. - --_..- -.. ----..--------- ~.- -~-------------------_.------------_. A ,<: ,O'lll' ~",\"\$- ~~ '\1l!.'}.9 '12 "\.c" 14.41& . j I I i Ie 'I .- ;~ 0 :: ~ ~_. I c I :, ~ I I J; '- ~'- / r::, /-", ! 7...... ) ~ 't(--~ ",,--J / \...J ,~, \\'C\.\:~ ) .~\t" ',__ :-; t\ ~\\~" TR2 \3S.o AC 2 L524 . 8 1.102 . U34 . 1 1 -~ . ...... 2, "13 . 3 ..35 . Location Map & Area of Notification CASE # Z-03-027 - CC2 to CPO I I TR .. 12..IJII . I / \ I I I I \ I I I \ I I I --T--.~~-~~---.--n- "l"~" m'.~<-(. I . \ \ ~ . :;~ go 2. ( .. .IM. ~' sO-)~ "E! .. .US. ~7713. 2 .. '.D" . t1I' 2.4 AC '-, -1lI 50 .. . TR 3 2.7. AC \....,. 'A '.04 . Roljen, LLC 5110 Heritage Ave. Colleyville, TX 76034 Billy Joe Russell 32669 S US Highway 281 Hico, TX 76457 Robert McKown & J Gilbert 5905 Cimarron Trail Haltom City, TX 76148 Billie Charles Rogers 3712 Glade Road Colleyville, TX 76034 Grapevine-Colleyville ISD 3051 Ira E Woods Blvd. Grapevine, TX 76051 Kindercare Real Estate Corp 650 NE Holladay St, Ste 1400 Portland, OR 97232 Insight Capital Realty Co Ltd. 4101 Gateway Drive Colleyville, TX 76034 Erik & Tambra Leschuk 5162 Primrose Ct Wichita, KS 76219 Partners In Gateway Success 4005 Gateway Dr, #200 Colleyville, TX 76034 Rustin Behl 5101 Old Oak Ln Colleyville, TX 76034 Smile Masters Ltd 4013 Gateway Dr Colleyville, TX 76034 Margmatt Ltd 1513 Michael Drive Bedford, TX 76022 WCJ Glade 94 Ltd C/o Doug Jennings 500 W 13th St, Suite 100 Fort Worth, TX 76102 Robert Hill 2700 Tibbets Drive Bedford, TX 76022 Gary Mills 305 Augusta Court Southlake, TX 76092 Roland C. Limosnero, Applicant 5110 Heritage Avenue Colleyville, TX 76034 Case Z-03-027 (Notices dated: November 14, 2003) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy Planning & Zoning Assistant Planning & Zoning Meeting November 24, 2003 ITEM #3 CASE # P-03-018 This item was added after the Planning & Zoning Commission packet was mailed and distributed. Please add this item to your original packet. An amended agenda is attached. city O[ n~ AMENDED AGENDA (Item # 3 was added on 11/20/03) PLANNING AND ZONING COMMISSION City Hall Council Chambers - 5400 Bransford Road Monday, November 24, 2003 REGULAR MEETING: 7:00 P.M. CALL TO ORDER Chairman Jeff Wall ROLL CALL Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall INVOCATION PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Chairman Wall November 10, 2003 CITIZEN COMMENTS AGENDA ITEMS 1. Case P-03-034 - Final Plat of Villas del Mar, 4.04 acres located at the northeast corner of Cheek Sparger Road and Steeplechase Drive 2. Case Z-03-027 - PUBLIC HEARING - Zoning change from CC2 to CPO on 2.67 acres located at the northeast corner of Heritage Avenue and Gateway Drive 3. Case P-03-019 - Final Plat of Whittier Heights, Phase II, 4.128 acres locate at the northeast corner of McDonwel1 School Road and Providence Road 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-03-037, Replat of Lot 2 Grassi Addition & Lot 1 Harden on Montclair Add'n located at 5413-5501 Montclair Drive . Case P-03-038, Minor Plat of the Allen Addition, 1.027 acres located at 1204 John McCain Road Planning and Zoning Commission Agenda - November 24, 2003 Page 1 of 2 · Case Z-03-029, An amendment to the SUP for alcoholic beverage sales for off-premise and on-premise consumption in Town Center Colleyville Addition (0-03-1389) located at the southeast corner of Hall Johnson Road and Colleyville Boulevard · Case Z-03-030, Zoning Change from AG to R20 on 1.027 acres located at 1204 John McCain Road 5. Commissioners' Comments and Reports ADJOURNMENT I. Jan Levy, certify that this agenda was posted on the Bulletin Board at City Hall on Thursday. November 20,2003 at 4:30 p.mq Planning and Zoning Commission Agenda - November 24,2003 Page 2 of 2 .~ l'ella~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: November 24, 2003 P-03-018 - Public Hearing - Final Plat of Whittier Heights Phase II, 4.128 acres located on the north side of McDonwell School Road in the 400 block STAFF REVIEW COMMENTS: Broadland Limited Partnership is the owner of a 4.128-acre parcel of land located on the north side of McDonwell School Road. just west of the fire station. The owner has submitted a Final Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will create 7 lots for the construction of new residences. Zoning and Density. This property is zoned PUD-R, approved by Ordinance 0-03- 1394 on March 18, 2003. The overall density of the development is 1.69 dwelling units per acre. Ordinance 0-03-1394 requires that the overall density of Whittier Heights Phase II be calculated over this phase, Whittier Heights Phase I and Old Grove, which generally covers the entire PUD-R area originally approved in April 1999 (Ordinance 0- 99-1153). When calculated over this larger area, the density of the Whittier Heights/Old Grove project is 1.66 dwelling units per acre. Preliminary Plat. The City Council approved the zoning for this property on March 18, 2003, which included a preliminary plat that proposed to divide the property into eight residential lots. However, during the review of the preliminary plat, the developer was advised that the lots did not front on a public street due to there being a twenty foot open space area situated between the lots and Newkirk Lane. The twenty foot open space was owned by the LOS Church located on the west side of Newkirk Land. The developer has since obtained the twenty foot open space and incorporated the property into the lots on the final plat being considered for approval. The proposed final plat is generally consistent with the approved preliminary plat, although there is one fewer lot in the final plat than in the preliminary plat. The DRC is not opposed to this change. Lot Sizes. The minimum lot size required for this development is 13,000 square feet. Lots 4, 5, 6 and 7 do not meet this requirement. The average lot size of 16,000 square feet is required to be calculated over the combined acreage of the Whittier Heights/Old Grove subdivisions. Based on this information, the average lot size is 17,599 square feet. Open Space. The PUD-R ordinance for this property requires that 20% of the combined acreage of the Whittier Heights/Old Grove subdivisions be designated as open space. The open space provided over the entire development is 25.22 acres, or Agenda Item No.3 - Page 1 24.6% of the land area. The homeowners association is responsible for the maintenance of the private open space areas and the associated detention ponds. Sidewalks and Trails. A 1 O-foot wide pedestrian easement is provided across the front of these lots. During the review of the plat, the DRC advised the developer that a 10- foot wide hike and bike trail is required to be constructed along the front of these lots, as required by the Land Development Code. The developer has responded that the trail is not required at this location and that Ordinance 0-03-1394 (the Whittier Height Phase II PUD-R ordinance) exempts this property from this requirement. It is the position of the DRC that the trail is required as the front 20 feet of these lots, which were once the 20- foot wide open space previously discussed, are covered under the requirements of Ordinance 0-99-1153 (the Whittier Heights Phase I PUD-R ordinance), which requires that the trail be constructed. In light of this difference of opinion, the City is pursuing a separate agreement with the developer that would define what type and where trails and sidewalks should be built as part of this development. However, since an agreement is not in place, the DRC recommends denial of the plat at this time. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since McDonwell School 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 owner's surveyor has not responded to the Development Review Committee comments. This plat also requires approval by the City Council. RECOMMENDATION: Denial ATTACHMENTS: · Location map · Plat (see large paper copy) · Development Review Committee memo · Correspondence · Ordinance 0-03-1394 · Ordinance 0-99-1153 Prepared by: ~-. \e ~ ~, \--\~0_ 'J. clayto~band. AICP Develo_Coordinator Agenda Item No.3 - Page 2 N KELLER CITY LIMIT COLLEYVILLE CITY LIMIT to- ~Z UI-l r~ MURPHY en to- .... l- ..... ...... ::E 1-1 ..J ..... >- 0.... Z~ ~ <[1-1 .... LAVAC ..J..J u :I: w U> HI- ..J a:.... ..J u .... 1: > ....m >- O:....J W 0...1 ...I ZH ....J :r: 0 U JOHN McCAIN Location Map Case P-03-018 - Whittier Heights, Phase II - Final Plat r . I UJ . Iz k 00:' ~ ~~ :;= ~ , ;.!. 11!~~~~.i~ :i ~~gij...~ 1~ ';! I II.~ . 1~~ '~I!l!. '! i 1 r Il!.~~' - , :" l~l I Ilill ~ \"1 9 1 I ' . - ~ ~ I I I Ii;: ,:;;:: I 03, E.~ ~!3i ,; ,,'I >1' ':i! :~ ;~ ~ I:I~~ ;~ ! ~..-! !" ir Jj !~j I 111!l Ii ~!- ~ ~~~~~ !! !~! Ii!;, s, l~~! :;!~;i ij :~~! ~"~il .1 i!!.' 'I!" ~.J ~e ~ ; H~ iil in I ;~ll! 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Pol o. !5 ~ ~ e~~e~q ~ ~ ~ ~i~~:;~ ~ ~~ ~ ~~ ~1 :t~ ~~~i~:;~ ;~! ~~ ; ~ !il!~~i~~ ;~~u~ : Cl1:;;~i~~~ ~~,." ~ g~ ~ ~ ~ ; ~ Co '" 5 !:! I! , ' ~ I ! fl ;;l a ~ ~ ~ ~ t . - ~ i n ~ . ~ ; . I II < . ~ . i II ~ ~.,..i I II I' . J ~ ! - ~ . s I,I f;! 'I' :I-! . . liil .'. !Ii: f 'I'; I ~ ;~ ~ If ill! Hi! L : : il!l: Ii I! I'"' i . ,,-I; I. I'i!'!! '! I ~:llH t ~~ ,I!I .A;i ~ ~ i-I' ! " ! ~- i . ,! . .,. . \ ~ I '" ~ _~ III > ~ 'j~ i 8 1.1 ~t:I f h ~s ~~~ ~~~ I!~! ~ I~~~i~ i ~~~DP. ~~rJ 0.. ..,.. '"'" g ;3 ~ ~ e." ~- ~~~~ ~ ~~"'''' ~ tf ~ ~~- ~~ :i2,-, ~- ~i~ -s \Q~ ~g ~1Ii ;:~ -----~~ '" "'~ ~ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO July31,2003 David Bagwell 214-368-7740 o Eddie Eckart, PE o 817-446-3116 FROM Clayton Husband, AlCP, Community Development Manager SUBJECT P-03-018 Final Plat - Whittier Heights Phase 2 The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION The review of this plat and related engineering plans was based on Ordinance No. 0-02-1394, adopted by the City Council on March 18, 2003, and on the PUD-R regulations contained in the Land Development Code. PLAT DRAWING I. There is a reference in the opening statement of the owner's certificate to a Broadland Limited Partnership tract in which the recording information is not provided. This information must be provided before the plat is recorded with the County Clerk's office. 2. The Whittier Heights Phase I final plat has not been submitted to the City for signature or recording. The metes and bounds description references the recording information for this plat. This Whittier Heights Phase 1 plat must be recorded and the information provided before the Phase II plat is recorded with the County Clerk's office. 3. The plat indicates a private open space Lot lOX on the east side of Providence Road. This open space area must be dedicated as trail right-of-way or as a dedicated trail easement for the purpose of constructing a 10- foot hike and bike trail at this location. Information provided to the City in March 2003 indicates that the property was deeded from the LDS Church to Broadland Limited Partnership for the purpose of conveying the property to the City as part of the plat for Westc1iffPhase 2. Revise the plat accordingly. 4. Notes 4 and 5 must be removed from the plat as Lot lOX must be dedicated as trail right-of- way. Improvements within a right-of-way are allowed only upon approval of a Joint Use Agreement by the city council. P.O. Box 185 - COLLEYVILLE, TEXAS 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE P-Q3-Q18 WHITTIER HEIGHTS PHASE II 5. The PUD-R ordinance for this property requires a minimum lot size of 13,000 square feet. Lots 4,5,6 and 7 do not meet this requirement. Revise the plat accordingly. 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 construction plans have been reviewed by the Engineering Department, Fire Department and Public Works Department. Comments on the paving, drainage and utility plans are being coordinated with the developer's engineer. Questions conceming the engineering construction plans should be directed to Chad Bartee at 817-577-7587. OTHER INFORMATION 1. SIDEWALKS AND TRAILS. The PUDR ordinance for this property requires the construction of a 5-foot sidewalk along McDonwell School Road. 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 McDonwell School 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. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-03-018 WHITTIER HEIGHTS PHASE II 4. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the subdivision plat. The fee for residential uses is $ I ,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon the review of the final plat. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, August 11,2003, 7:00 p.m. Tuesday, September 2,2003, 7:30 p.m. 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 Final Plat drawing · one 8 Yz" x 11" 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, August 6, 2003 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or husbandc@.ci.collevville.tx.lls if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE30F3 GOODWKN~ M ARSHALL~ CIVIL ENGINEERS - PLANNERS - SURVEYORS October 31, 2003 Mr. Clayton Husband, AICP Development Coordinator City of Colleyville 5400 Bransford Road Colleyville, TX 76034 RE: Whittier Heights, Phase II Final Plat - P-03-018 Dear Mr. Husband: In response to the City of Colleyville's review comments concerning the above referenced project, we offer the following changes and explanations for the final plat. For ease of reference, the following are organized in the same order as your letter dated July 315\ 2003. PLAT DRAWING 1. The Whittier Heights, Phase I final plat has been filed, so the correct information has been added to the owner's certificate. 2. The Whittier Heights, Phase I final plat has been filed, so the correct information has been added to the metes and bounds description. 3. Based on the approved preliminary plat that states that this development will not be required to construct a hike and bike trail we have not changed this lot and block. 4. The notes have not been altered at this time based on our response to the comments in item 3. 5. These lots have been adjusted to meet the minimum lot size requirement. TREE PRESERVATION All of the City's tree preservation ordinances and guidelines will be followed during the construction of this project. ENGINEERING CONSTRUCTION PLANS Engineering comments are being addressed and a set of revised construction plans will be submitted to the City. 600 I BRIDGE STREET, SUITE 100 I FORT WORTH, TEXAS 76112 I 817-429-4373 (METRO) I 817-446-3116 (FAX) Mr. Clayton Husband October 31, 2003 Page 2 of2 OTHER INFORMATION I. The homebuilders will construct all internal sidewalks adjacent to single-family lots. 2. The developer is aware of the impact fees and the appropriate fees will be paid at the time of building permits for each lot. 3. It is the intention of the developer to submit an escrow fee for the improvements of McDonwell School Road. 4. Parkland fees will be paid as part of the approval of the final plat in accordance with the standard guidelines for single-family dwellings. I have included with this response letter the appropriate revised exhibits. Clayton, I appreciate the staffs time and consideration of this project, and if you have any questions or need any additional information, please feel free to call me. Sincerely, Goodwin _and Mars1jg.1.b IJ1F ' ~',~, c~ --~.><-..., >- '.' -; : .--< '- ~ ------- Edward W. Eckart, P.E. EWE/jc Dr\\JD R\GWELL C 0\ 1 f';\ 1'\ Y October 31, 2003 Mr. Clayton Husband Community Development Manager City of Colleyville P.O. Box 185 Colleyville, TX 76034 Dear Clayton: We are submitting herewith a revised final plat of Whittier Heights Phase II (formerly Westcliff Phase II). Please note that Paragraph 2. a. of Ordinance 0-03-1394 provides that "At the option of the applicant for final plat approval, the lot and open space configuration of the final plat may differ from that shown on the preliminary plat..." Note as well that Paragraph 4. b. of Ordinance 0-03-1394 says that "The provIsIons of the Colleyville Pathways Plan shall apply to Westcliff Phase II only with respect to a five foot (5') wide sidewalk parallel to McDonwell School Road extending the width of Westcliff Phase II from east to west." Therefore, the City Staffs objection that the previously submitted final plat of Whittier Heights Phase II does not provide trail right of way along Providence Road is in error. We have amended the Whittier Heights Phase II (formerly Westcliff Phase II) final plat submitted herewith consistent with these provisions of the applicable zoning ordinance, and we withdraw the previously submitted Whittier Heights Phase II final plat. Please schedule the revised Whittier Heights Phase II final plat submitted herewith for hearing before the Planning & Zoning Commission at the earliest possible date. Let me know if you have any questions. Sincerely yours, Broadland Limited Partnership By: The David Bagwell Company, BY'~ Cc: Eddie Eckart Joe Potthoff (,' 1\1.\1; ~:-lY D: \'j j()!'\tl_~1 ,--;...:~...: !), 'I l \, .\,_ 1 ''_.1 ! :--'i 1)( \; ]) \1.__ \'. Ti ,\"' -~...:...:.:: ..: I i ';(l~----l] \I:i j., ~ 1- .:; jii-;':;(lIi ...:! j '::'1',,',,--- jll ORDINANCE 0-03-1394 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 3.561 ACRE TRACT OF LAND OUT OF THE D.J. BEDDO SURVEY, ABSTRACT 232, FROM THE AG AGRICULTURAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Broadland Limited Partnership for Linda and Frank Baker on January 20, 2003, under Case No. Z-03-004; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds description attached as Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. PERMITTED USES The PUD-R shall have three (3) land uses as indicated on the Zoning Exhibit: Ordinance 0-03-1394 Page 2 of 5 a. Single family dwelling units b. Open space c. All uses permitted under AG Agricultural zoning shall be allowed on the property until such time as a final plat is approved for the property. 2. PLATTING AND PHASING a. The conceptual site plan, attached as Exhibit "C" shall be considered the preliminary plat. When presented, a final plat generally consistent with Exhibit "e" shall be approved, provided that it meets the requirements of the Land Development Code that were in effect at the time of approval hereof and have not been modified herein. In the event of conflict between the Special Conditions of this PUD-R zoning and the Colleyville Land Development Code, the Special Conditions of this PUD-R zoning shall prevail. At the option of the applicant for final plat approval, the lot and open space configuration of the final plat may differ from that shown on the preliminary plat, except that there may be no more than eight (8) lots, the width of lots may not be less than eighty feet (80') at the front building line, the average lot depth of all lots shall not be less than 140 feet, all lots shall face to the west or northwest, and the north-south dimension of the open space that parallels McDonwel1 School Road (the trail right-of-way) shall not be less than twenty feet (20'). b. This development shall be subject to all impact fees as of the date of approval hereof, unless those impact fees have been reduced at the time they are due for this development. 3. DENSITY The average residential density is permitted to be 1.8 dwelling units per acre over the combined acreage of Westcliff Phase I, Old Grove, and Westcliff Phase II. 4. STREETS AND SIDEWALKS a. No sidewalks shall be required for lots within this development, except as provided below. b. The provisions of the Colleyville Pathways Plan shall apply to Westcliff Phase II only with respect to a five foot (5') wide sidewalk parallel to McDonwell School Road extending the width of Westcliff Phase II from east to west. The owner of the Ordinance 0-03-1394 Page 3 of 5 most southern lot in Westcliff Phase II shall build said sidewalk to the extent practical without any curve within the trail right-of- way that parallels McDonwell School Road prior to occupancy of a house thereon according to specifications provided in the Land Development Code as of the date of approval hereof. Or, prior thereto, at the option of the developer, a concrete trail ten feet (10') wide may be built by developer in lieu of said sidewalk, provided that it connects (or will connect) at each end to a trail of the same width and otherwise complies with the specifications for concrete trails in the Colleyville Pathways Plan as of the date of approval hereof. 5. DRAINAGE a. All drainage facilities shall be designed and constructed in accordance with the Land Development Code. b. It shall not be the responsibility of the developer to improve any off-site drainage structures or any other public facilities. c. At developer's election, pursuant to a grading plan acceptable to the City Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. d. Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e., drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent one to the other. e. Drainage from portions of the development is permitted to sheet flow from west to east onto City property. 6. WATER AND SANITARY SEWER a. No water or sewer extensions are required to be made to adjacent property. b. If sanitary sewer installation to serve the development is necessary across City property, the City shall cooperate in all Ordinance 0-03-1394 Page 4 of 5 regards, provided that no less than twenty feet (20') of the drive surface of any street or driveway pavement shall be left passable at all times during sanitary sewer construction. 7. LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Land Development Code, except where amended by this ordinance. including all exhibits hereto. b. The minimum lot size shall be 13,000 square feet. The average lot size of all residential lots shall not be less than 16,000 square feet over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. c. Open space, including any trail rights-of-way, shall not be less than twenty percent (20%) over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the i'~ day of ~c~ 2003. The second reading and public hearing being conducted on the /3>>1 day of ~fAA{! 1 2003. A~'~ ~~ Cynthia Singleton, TRMC City Secretary Ordinance 0-03-1394 Page 5 of 5 CITY OF COLLEYVILLE: Dit~~ Mayor EXHIBIT A - ZONING MAP ! ":7,---" '''''''I ,'! ---\..... \ II =Pi .-J ~-rREO' AG I " _i ''---<, -; I i I- ~TI ~~-'I~d-~~~ I .~;: \ " ,\, J:i ~~u.~- , --=1\=~"l ! ~ A~ . :r,n-'~;';I~~ J' -, I 'r-- '? '-"' ~". ~ ~ I '-"' -~ lV" l,lj 0-98-11Ot: '""-_..), i i I --Ll,ji;:= ....." i fIJ ,~= ;;)j 'J I I 1.11 I I 7 r I ~~ I T T i >- ~..L J...--1 ...L l. :-- .jc R-.. 0 " 01" ~ ==--1' I i':; :u..1~<" {'~ " ~ 'v A I~j RE ,- .!tlD-R =: TIll ~ '\ V- ,.. .-1 ~v I 1-- i I Q.01-12a6t --' -TI1J ~ J ,C: "p -- I I I I .},n I / Tr~''--~J:-- I. I ~;:=... ! i ~ I f2i~~-^-~ ~"P' J ~ =R ~ ; .-40 I MUSTA .Ly 11~~\..n i I TT\ I ",,-.~, _ . .~ ' -"- ~ I ,.2 r[ __ I J-- 1- \! -.- LYUD-R i IJ'-~:O :: r1- ~~H - r;: ~1.\ I I' I 0-98-1100 l-~.Jl r jd'( 2 '- ,~I I I \ /")' \ \ I ~- EXHIBIT B - METES AND BOUNDS DESCRIPTION BEING a 3.561 acre tract of land in the D.J. Beddo Survey, Abstract No. 232, situated in the City of Colleyville, Tarrant County, Texas and being that tract conveyed to Linda S. Baker and Husband, Frank D. Baker, by deed recorded in Volume 12408 Page 1954 of the Deed Records of Tarrant County, Texas (DRTCT) and a portion of that tract conveyed to Broadland Limited Partnership by deed, and being more particularly described as follows: BEGINNING at a 1-inch iron pin found at the southeast corner of said Baker tract, said iron pin also being on the north right-of-way line of McDonwell School Road (variable width right-of-way); THENCE North 89 degrees 31 minutes 39 seconds West along the said north right-of- way line of McDonwell School Road, a distance of 230.85 feet to a 'h-inch iron pin found, said iron pin also being the southwest corner of said Baker tract; THENCE North 00 degrees 28 minutes 21 seconds East a distance of 522.41 feet to a 'h-inch iron pin found, said iron pin being the northwest corner of said Baker tract, said iron pin also being on the south line of said Broadland Limited Partnership tract; THENCE North 89 degrees 55 minutes 29 seconds East along the north line of said Baker tract and the south line of said Broadland Limited Partnership tract, a distance of 10.59 feet to a 'h-inch iron pin found, said iron pin also being the Point of Curvature of a non=tangent circular curve to the right having a radius of 260.00 feet, a central angle of 29 degrees 03 minutes 21 seconds and being subtended by a chord which bears North 31 degrees 24 minutes 27 seconds East 130.44 feet; THENCE northerly and northeasterly along said curve to the right a distance of 131.85 feet to a 'h-inch iron rod found; THENCE North 45 degrees 56 minutes 07 seconds East tangent to said curve, a distance of 93.54 feet to a 'h-inch iron pin found, said iron pin also being the Point of Curvature of a circular curve to the left having a radius of 340.00 feet, a central angle of 28 degrees 22 minutes 48 seconds and being subtended by a chord which bears North 31 degrees 44 minutes 43 seconds East 166.69 feet; THENCE northeasterly and northerly along said curve to the left a distance of 168.41 feet to a 'h-inch iron pin found, said iron pin being on the east line of said Broadland Limited Partnership tract; THENCE South 00 degrees 28 minutes 21 seconds West along the east line of said Broadland Limited Partnership tract and the east line of said Baker tract, a distance of 842.48 feet to the Point of Beginning and containing 155,113 square feet or 3.561 acres of land, more or less. EXHIBIT C -CONCEPTUAL SITE PLAN U-_. I ~..-w . .. \&I ~ ~ ~ if" I - ~----.I .-.:;:.l:;"~O:-~...! 2 I I f .., I I .ODZ I ~ .. , ... I I If I' to.. ..; H 'tf,. I I~ ..., I'D. . 0tJiI If I ... .. , .~. .. .~ - II; VI ... .~ .~ If ... ..; 'Ill 8 'Ill If . - I ~ ~ t!fl I!~ ~ .. . tI. .~' . :..~. ~l J ~. II) .. l\l ; 2 o. ... x .QOl ~ . sa . ~e":6E , IE.611H) ~ ..'M"~ ~"MNJ . IiONJ 1II&./3H)S .' ORDINANCE 0-99-1153 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 187 ACRES OUT OF THE S. HARRELL SURVEY, A-798, TRACTS 1J, 1J1, 1J1A, 1J3, 1J4, AND 1J2; THE H.L. ALLEN SURVEY, A-55, TRACTS 1, 1 C, 1 B, AND 1 A; THE D.J. BEDDO SURVEY, A-232, TRACTS 1 C, 2A, 2B, 1A, AND 1B; AND LOT 1, BLOCK 1, PURCELL ADDITION; THE MARY M. FREEMAN SURVEY, A-533, TRACT 2A7 A, AND THE WILLIAM C. COOK SURVEY, A-295, TRACT 4D1 FROM THE AG (AGRICULTURE) AND THE R40 (SINGLE FAMILY RESIDENTIAL) TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning change was filed by David Bagwell, The David Bagwell Company, on November 12, 1998, under Case No. Z-98-031; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Ordinance 0-99-1153 Page 2 of 13 Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the AG and R40 districts to the PUD-R district, together with all site plans which are only conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C); and subject to the following conditions: 1. PERMITTED USES The PUD-R shall have three (3) land uses as indicated on Exhibit C and the primary land use for each area shall be as follows: a. Areas 1A & 1 B shall consist of single family dwelling units. b. Area 2 shall consist of a church. c. Area 3 shall be open space. 2. PLATTING & PHASING a. Prior to the issuance of any development permits on the subject property and as a condition to the development of the property the developer shall obtain approval of a preliminary plat and final plat of the property, which may be in phases. In approving the preliminary and final plat the approving body shall exercise complete discretion over roadway design, lot size, lot shape, building lines, set-back lines, open space, and all other aspects of the plat; provided, the approving body shall not approve anything inconsistent with the other conditions of this ordinance. b. The general limits of all phases of development shall be shown on the preliminary plan. Each phase shall be numbered to represent the sequential development phases anticipated. Any deviation from the approved development sequence shall require approval from the City Council. c. This development shall be subject to all impact fees in accordance with the Colleyville Subdivision Regulations. Ordinance 0-99-1153 Page 3 of 13 3. DENSITY The average residential density is permitted to be 1.8 dwelling units per acre over the combined acreage of Areas 1A & 8, 2 & 3. 4. STREETS AND SIDEWALKS a. No street intersection shall be allowed on McDonwell School Road which aligns with the McDonwell School Road/Remington Parkway intersection. Street intersections along McDonwell School Road shall maintain a minimum of 300 feet separation between centerlines. b. Sidewalks shall be required for all lots within this development, except no sidewalks shall be required in rights-of-way adjacent to open space areas where a sidewalk is proposed on the opposite side of the same right-of-way. Sidewalks in rights-of- way adjacent to each lot frontage or side-yard shall be constructed by the lot owner no later than the date of occupancy of the home on the lot. c. Street rights-of-way shall be a minimum width of 50 feet, except for single loaded streets which may have a 40 foot right-of-way width with a 5 foot utility easement abutting the unloaded side of the street. d. All streets in this PUD shall be thirty-one feet (31 ') wide and be constructed of five inch (5"), 3,000 p.s.i. concrete. e. The City's street design standards (tangency between curves, radius requirements, etc.) shall be waived, except that a minimum radius shall not be less than twenty-five feet (25'). 5. DRAINAGE a. All drainage facilities shall be designed and constructed in accordance with the Colleyville Subdivision Regulations. b. It shall not be the responsibility of the developer to improve any off-site drainage structures or any other public facilities. c. At developer's election, pursuant to a grading plan acceptable to the City Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be Ordinance 0-99-1153 Page 4 of 13 required of the developer for City acceptance of public improvements. d. Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e. drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent on to the other. e. In order to preserve trees, no pilot channels shall be required. f. There shall be no prohibition against regrading, expanding, and/or eliminating existing ponds and against adding additional ponds on the property in order to accomplish developer's storm drainage plan, as long as it otherwise meets City standards and is acceptable to the City Engineer. g. As approved by the City Engineer, City park land adjacent to the development may be utilized for storm water retention and/or detention purposes. 6. LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Zoning Regulations and Subdivision Regulations, except where amended by this ordinance. b. The minimum lot size in Areas 1A & 1 B shall be 13,000 square feet and the average size of all residential lots in Areas 1A & 1 B shall not be less than 16,000 square feet. C. One side yard of any lot may be as narrow as six (6) feet, provided the total width of any two adjacent side yards shall not be less than twenty (20) feet. On lots with an area of less than 16,000 square feet, front yard setbacks may be twenty- five feet (25'), and rear yard setbacks may be ten feet (10'). On any lot with an area greater than 16,000 s.f. that backs to open space, the rear yard setback may be ten feet (10'). d. The minimum lot width for any lot in Areas 1A & 1 B under 16,000 s.f. may be eighty (80) feet if approved by the City Council. Ordinance 0-99-1153 Page 5 of 13 7. PARKS a. The provIsions of the Colleyville Pathways plan shall be incorporated in the project. Pathways shall be designated on the preliminary plan and final plat in a dedicated public right- of-way. Pathways shall be constructed by the developer for each phase of development. Within each phase of development, pathways shall be completed prior to the issuance of any building permit for residential development in that phase. b. Each phase of development is subject dedication requirements contained in Subdivision Regulations. to the parkland the Colleyville c. The development shall contain open space which totals twenty percent (20%) of the total area contained in this development as shown on Exhibit C. The City shall not accept the dedication of any open space until all environmental issues are addressed to the City's satisfaction. The developer shall submit to the City an environmental study, audit or assessment demonstrating that the property is in a condition which would allow the City to utilize the property for park purposes without expenditures to remove environmental waste or hazardous materials, that the property is suitable and safe for use as a park and is free from environmentally related problems. d. Tree mitigation is waived for Area 3. e. A 72.5-foot greenbelt setback shall be provided along the north side of McDonwell School Road. Said greenbelt shall be consistent with the greenbelt setback in the Westmont Addition. 8. SIGNAGE a. Developer is permitted to erect at locations approved by the City Engineer entry structures with or without permanent signage (which signage must comply with the City sign ordinance and be properly permitted) in the rights-of-way of perimeter roads at their intersection with internal streets not to exceed twenty-five feet (25') in height, i.e. in the sight triangle areas of such intersections, provided that said structures do not obstruct the view of traffic as determined by the City Engineer. Ordinance 0-99-1153 Page 6 of 13 Sec. 2. Sec. 3. Sec4. THAT notwithstanding any other provisions of the Code, including Section 1-7 of the Code, it is the intention of the City Council in approving this ordinance that no provision or section is severable from any other provision or section. It is further the intent of the City Council that in the event any portion of this ordinance is declared invalid by any court of competent jurisdiction, then the entire ordinance shall be invalid. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an altemate method of publication provided by law. AND IT IS SO ORDERED. ;AA'~:~t reading and public hearing being conducted on the 23,,-9 day of ,1999. The sec~nd reading and public hearing being conducted on the l.t,tb day of .AprIL, 1999. Tabled at second reading, approved Apri I 20, 1999. ATTEST: CITY OF COLLEYVILLE: JJ~ an Harris, CMC City Secretary Richard Newton Mayor 'AVED AS TO FORM AND LEGALITY: RO$ ~f!;- City Attorney If the Mayor shall neglect to approve or object to any such proceedings for a longer period than seven (7) days after the ordInance or resolution is placed In the office of the City Secretary as aforesaid, the same shall become effective immediately upon publication as required by law. City of Col1eyvil1e Charter Section 3.14 IIIIIIcr; '\\ f f1t .. \ · ~ .. , '\ '- .., ! '.1 . I I I .., \( r~'"''' .~n. .. I - - .(\:. \ .... I .. - I . . . . . ., r . \ ~ ,t~ . <t:i I f---' ~\: i . ~........ . -i -- - k-l,[T1..",~ ~1.' 'i' Ii ~-- - ~<l - \--{.I'f.q,;;. ;\.~~~l~.. . . . YDl'lol i '.. 'il icf !..>t,\ l\-' : , -h.. ~---_...- -;. ~) - ~~ ,... ~ i i~ ~ ~'\~. "1 ,I' ~. 2- 'K"" . ~~ \, : , \ ~ ~ " \ "' ~ ;i ~- "'-- ~~ i l "'- I k .~ .., .' .1 ,-::- . . 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I I .. .- I' r--"""": ... .. ... .. t I lV I I ,-r I .- -=.!.- ;t 5.~j .~ .. ... ... \. - ~ . .... .-. L.... , t' . Exhibit A 5: I:.LIL '!~ .l n _-:j \\ ~ ~ "i --:--~ Ordinance 0-99-1153 ~l~' , ~ , \. ~ I' ____ n~= .~ .._-~ ~ ~:; . -'" PUD-R .- .. -. ..... ----;;;;- \. .-. -;: :i ")1,1 .IL'\, I'. . ..I .- .. -- ..t '..-"'" ._..'!---ill~,~dT~ ~. _:=a:~~ .--- .--..- - -- - . , . . . . TRACT I. Lot, tract or parcel of land, lying and bsing aitu&tsd in TllJ:rant county, Taxaa, being out of the Joaeph Harrell Survey, Abet. '798, and the B.L. AUen Survey. Ab8t. 1651 in aaid Tarrant coun"t:y, and beinq de8cribed. by mete. and bounde &e fol owa. BEGINNING 686 ft. Korth 89 1/2 degr..a Eaat from the Northwest corner of ~the Joaeph Harrell Survey Ab8t. 1798i an iron pin the Northeaet corner of a 20 ocre ;ract of land aa ahawD in Vo WIle 756, I'age 498 Deed of Truat Recorda of Tarrant county. Texaal THENCE North 89 1/2 d~reea Beat with tence line at 1954 ft. the Northeaat corner of aaid Harrell Survey and the .orthweat corner of the North "ELL" of the H.L. ~llen Survey, in all 2605 ft. an iron pin the Kerthe&et corner of said Allen Survey, the Northsaat corner of a tract of land deedad to W.E. Rouaaey et ux aa shown in Volume 1478, Page 285 Dead Recorda of Tarrant County. Texae. THENCE South 1/4 deqr..a Ba8t with fence line and the Ba8t line of 8aid Allen Survey. 1760 ft. an iron pin the Southeaet corner of 8aid Rouaeey tract I THENCE W.at with fence line and the South line of said lIoussey txact. 618.3 ft. an iron pin, THENCE North 477.2 ft. an iron pin, THENCE Wsat 1414.3 ft. an iron pin, THBNCE South 84 1/4 degreea Weet 149 ft. an iron Ilin the 80utheaat corner of a tract of land aa shown in Volume 2528, Pags 354 Deed R8corda of Tarrant County, Texas I THENCI North 434 ft., an iron pia, ita Northeaat corner, THENCII: Weat 340 ft. an iron p.l,n in the Ea.t line of a tract of land shown in Volume 2319, Pags 539, Deee Records of Tarrant County, ~exael THENCE North 50 ft. ita Northe.,t corner an iron pin; THENCE West 90 ft. an iron pin, its Northwest corner in the Bast line of said 20 acre tract; THENCE North with tha B.at line and fancs line 186 ft. to ths place of beginning!.' being 52.5 acrea of land out ot ths Joseph Harrell Survey and 26 acres of and out of the B.L. ~llen Survey, in all 78.5 acres of land more or lee.. TRACT II. 7.24 acre. out of the above 10 acre tract and BEGIMNING at a point which atanda 1727.55 fe.t South and 1264.22 feat Beat of ths Northwest corner of the Joeeph Harrel Survey, said Northwest corner alao being the Northweet corner of a 20 acre tra~ r.corded ia Volume 756 Page 498L Deed Recorde of Tarrant County, Tax.a, and aaid beginning point being the 1I0uthweet corner of the 10 acre tract; THENCII: North 413.46 feet along fence line and Weat line of aaid 10 acre tract; THENCE North 89 degrsea 29 minutes East 733.94 feet to Lron pin for corner; THENCII: South 1 clegr_ 49 minut.a B.at 430 f_t to iron pin a.t in 80uth line of said 10 acre tractl THENCE North 88 degre.. 48 minute. We.t along the South lins of eald 10 acre tract 750 feet to POINT OF BEGINNING. Exhibit B Metes & Bounds Description Ordinance 0-99-1153 TNc:f- fIt Addition to the City of Lot 1 Block 1. af PURCELL ADDITION, an . the Plat thereof Co'leVv1Jle T~rrant County, Texas. according to d f T t re~oraed in'Volume 388-130, Page 93. of the ~lat Recer B 0 arran County. Texas. Tr''4CI.]:It ft.'~. . lelel Dr lan. .Itu...d 1_ the P. J. .~~do KDrvIY_ Ah.tr..CI 110. I,n. eft)' or t."...",..... 'Arr"..' ClJUn',. TC'lWI anlt ........" . rwurtJII. "t 'h11 cf!rtaln tracl ft' hnd ctnl'ldr:rl to .Inrr., tI. IIrldbolt .. reoorded 1ft ViDl-.- Ul'. ,... '14 (j' ..... II'" Rccord. or Tunat CO\HIty. "e... .... hel.. _n: lti'lrUcull1rly "..oriNd Ill, tll!"ha ... ""nda a. toJ ,..,.. acGJ"'U1ICI., .. ir.. rod found lor tlt.o n..rtaw.lt C'fIlr"cu' 0' the ..14~.lt Ad'l tl.... Aft .'dltlo. to t~. City 01 CaJ Io,wlll.. lfIIrrant COU"'y. ,..... I' f.mtf'ftd 1_ Vol".. ).'-1 U. "."4 ,. 01 the 'l.t .or.or.a ~, Tlrr.at eouRty. ~...: I J~.4"2'.I. v1\,h \h. 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Sl'l'UATBD IN TARRRH'f COUNTY. nus, AliI) ."'ING KOU PUTICULARI.Y U~SCRnED BY Kilns ~ND BOUNDS AS FOLLOWS, BKGIHNING at an iroR p1n in the Veat I1ne oE John H~Cain load. nld point beiftl. br decd clllh. S. 89' - 51' - 40"tE. S52:74 leet. S. I' . 39' E. 150.0 !cet, ~. S" - 01' t. . . 92:2 feet .n~ S. 26" - 04' - OS" E. 194.S2 Eoct fro.i~hc Soutbwe.t coracr of a cal10d 7.016 n~r' tract al d..tribed in a deed of tecord 1n Volu.. 3560. Pale 261, Deed Re~otds, Tartant Count,. Tex.s: TIIIINCB S. 26" - 04' - 03" II. 314.32 feet conClnulnl alonl t~. Velt I1ne of ..1d JohR H~Coln lond to an tran ptn .et in ...e for corn.r; THENC! K. 87" - OS' - 22" W. '199.27 r..c to .. 1ron pin found .t the accuph. SouChent corner of uid Fr....n Surve, ,.Ind the Southwest ~orner of 101d Croak SurveJ; THEKCE TIIEKC! i i ,~ S. 89" - 12' .30" W. 133.53 flut to a bolt Couad !o~,eorn.r;' , i K. 4" - OS' - 44" W. 203.87 foot alona I tence lifto t~ . J" .Itll fencI carnar POI~ for tOrnerl THEKCI N. 69" - 41' - 40. 8. 511.01 het U .n lron ph fou,n4 for corn.r: THENCE II. 86" - 25' coralr, i 5S" E. 79.S3 feet to en lron p1ft Ioun~ for THENC! N. 58" - 43' - 46" E. 87.96 Ilet to the POINT OF BEGINNING ond eontoLninl 1.511 acre.. 1'\' ....; ":;,..~,~~~:}.; ~ l';'/ W ....~.. ,.~(........ . ",.' ; WI.L'IU"W:'vlAAi)' ,.......... .............h..: . \j: ~14 ,.. /: ~~...~!.i#.....~.;;.~l L, ... 'ill...... ' fliO" .. ' ~-, ...f.J ,. ,. (: I. \~~~~. ._~)~<t \i <>.,',.j- ~,~ I I ~~ ~ '--'" it- '8 \<..~ I l. .. ~ .... ..... / ---- ~~?::.~.!i. ~ -&- .. t ~~. i: I 'j--; ~~~. ~ ~j,T.', -. ~ ",'~ ,:, . -+-~. T'T' "'""--~ ---.,., ~.'--; '-7- t-: ~~\O I -::-. Q:l. \=r. '1' . .~.:.. :~ ---.: ~'~ '~I'''''';'':' ~,~:. ';, I j<:( ..-, .... 11' ~.___________----- ._~~~. ~: ~I~'~' ~ ~: ;"C J' '\ ~ I . ~~- ~'C. .,~ \ i : .! "' ~\\ ;\ --~ . . .&. \ : . : '.. ,~ 0' i ~ - I : , ~ ,;",~ ....~: - .. 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