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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-8/23/2004 n~ Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, August 23, 2004 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Dave Dudziak, Luann Edwards, Denis Duffy, Thomas Dolan INVOCATION Commissioner Duffy PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES July 26, 2004 August 9, 2004 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA AGENDA ITEMS 1. Case P-04-033 - Minor Plat of Sneed Addition, 6.34 acres located at 709 W LD Lockett Road 2. Case Z.04-029 - PUBLIC HEARING - Zoning Change from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial on 15.10 acres located at the southwest corner of John McCain Road and Colleyville Boulevard 3. Case G.03-029 - Amendment to the Tree Mitigation Plan on 15.10 acres located on the southwest corner of John McCain Road and Colleyville Boulevard STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS The following items were received on the last case submittal deadline: · Final Plat of Rockrimmon, 12.15 acres located in the 100 block of West Glade Road Planning and Zoning Commission Agenda - August 23, 2004 Page 1 of 2 COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Posted: Friday, August 20,2004, 4:30 p.m. cD~~ Clayton Husband AICP Development Coordinator Planning and Zoning Commission Agenda - August 23, 2004 Page 2 of 2 .$ l"exas PLANNING AND ZONING COMMISSION MEETING MINUTES - July 26, 2004 Commissioner Du corrections noted. vote of fou 2004, Chairman Byerly called the meeti CALL TO ORDER ROLL CALL Commissioners Bruce Kelly Denis Duffy, and Luann E Barry LeBaron an present. Ross Fo were INVOCATION APPROVAL OF MINUTES Commissioner Duffy requested Commissioner instead of statement by the appl" development reflect his position as a ested the minutes reflect the ding open space on a future es of the July 12, 2004 meeting with the d the motion. The motion passed with a tained, since he was absent at the July 12, tment needs to be made to complete all of the officers for the was appointed by acclimation. None Planning & Zoning Commission Minutes -July 26, 2004 Page 1 of 10 AGENDA ITEMS 1. Case P-03.033 - Minor Plat of Lot 1, Block 1, KISD Addition, 13.37 acres located at the southeast corner of Precinct Line Road and McDonwell School Road Barry LeBaron presented the case to the Commission and reviewed the staff briefing. Commissioner Duffy asked if the school site had been co Hills. Staff stated that no discussion had taken place Precinct Line Road was currently constructed to maxi had no effect on the North Richland Hills side of Dudziak questioned the roadway improvements 0 that Keller ISO is dedicating additional right-o costs of the road in front of and adjacent to th there were any proposed traffic counts for Precinct Line Road and McDonwell Scho analysis prepared by Keller ISO considered t Commissioner Edwards asked ab t the status Staff stated that the plan is to co e entire ro to a point east of the Keller schoo time. traffic impact would be of the Nort ay 0 stated that the proposed improvem Tarrant Parkway. ed with North Richland orth Richland Hills, since and the school curb cut oad. Commissioner Road. Staff stated the construction udziak asked if st corner of tated that the ffic impact al corner as being developed. oposed roadway improvements. section from Precinct Line Road issioner Dolan asked what the onwell School Road. Staff isting alignment of North r's engineer to come forward. Mr. Tom the peak traffic flows. Commissioner Kelly re growth of the area, particularly to the study considered full build-out of the Edwar s if other entrance locations were considered. ntrance needed to be as far away as possible from Precinct iderable drainage channel on the west side of the site. many lanes were proposed in front of the school site. Mr. ere a 0 lanes eastbound and one lane westbound in front of the s .ssioner Dudziak expressed concern over the left turning moveme the school site. Commissioner Dudziak asked if funding had been set nwell School Road improvements. Staff stated that upon completion 0 veloper agreement, it would be taken to the City Council for funding. Staff hat funds are available in the Roadway Impact Fee Fund for this purpose. Commis ner Dolan asked if the traffic from the residential development east of the school site had been considered in the traffic study. Staff stated that the full build-out of the neighborhood was considered in the traffic study. Edwards asked if four lanes in front of the school had been considered. Staff stated the pavement width in front of the school would be forty-eight feet and could be striped for four lanes. Commissioner Edwards asked if the school was providing for their share of the trail system. Staff stated that the construction plans include a trail segment along Precinct Line Road. Planning & Zoning Commission Minutes -July 26, 2004 Page 2 of 10 Motion by Commissioner Duffy to approve the plat. The motion was seconded by Commissioner Kelly. The motion was approved by the following vote: Aye: Edwards, Dolan, Dudziak, Duffy, Kelly Nay: None 2. Case P-04-028 - Replat of Lots 3R3 an acres located in the 5600 block of Colleyvil Commissioner Edwards stated that City Council should be discussion by the Commission regarding the need for fou Commissioner Dudziak stated he would like for the Ci south road that has been talked about as a part of th of the great amount of front of the school site. o be aware of the north- date. Clayton Husband presented the case to the Co Motion by Commissioner Commissioner Duffy. by The motion was approve Aye: Edwards, Dola Nay: None hase 11,19.13 acres located at 909 John se to the Commission and reviewed the staff briefing. C was anything different between this development and the evelop ent considered at the previous Commission meeting. Staff st entical. Commissioner Edwards asked if there was any way to make a sidewalk on any vacant lots that remained in the subdivision at the end of nt. Staff stated that all sidewalks are put in as a part of the building perm I new home. Commissioner Dudziak asked if the sidewalk connection to the onbelt Trail would be constructed of concrete. Staff stated all trails and trial connections are required to be concrete. Commissioner Dudziak expressed his concern over labeling detention facilities as open space. Motion by Commissioner Kelly to approve the plat. The motion was seconded by Commissioner Dudziak. The motion was approved by the following vote: Planning & Zoning Commission Minutes -July 26, 2004 Page 3 of 10 Aye: Edwards, Dolan, Dudziak, Duffy, Kelly Nay: None 4. Case P-04-030 - Minor Plat of Stembridge Addition, 0.85 acres located at 6200 Colleyville Boulevard Motion by Commissioner Dudziak to approv Commissioner Kelly. aff advised that the site is being coordinated. Clayton Husband presented the case to the Commission an Commissioner Dudziak asked about cross-access ea plan is under review and the location of the cross-a The easements will be addressed by a separate i The motion was approved by the following vote: Aye: Edwards, Dolan, Dudziak, D Kelly Nay: None 5. Case P-04-031 - PU 3308 Glade Road Clition, 8.44 acres located at mmission and reviewed the staff briefing. and screening included in the approved creening were added in the original zoning erty owner c ncerns, and that the language is the same in . Commissioner Edwards asked about the changes to the t the building lines changes mostly due to the type of s. George residentia the rear. cant, summarized the project. He stated it includes fourteen a gate and private street, and two existing detention ponds in Commissioner E CIs asked if other improvements will be made to the open space. Mr. d'Hemecourt stated their landscape architect is working on plans for the area. Commissioner Edwards opened the public hearing. There being no one wishing to speak, the public hearing was closed. Planning & Zoning Commission Minutes -July 26, 2004 Page 4 of 10 Motion by Commissioner Duffy to approve the replat. The motion was seconded by Commissioner Dolan. The motion was approved by the following vote: Aye: Dolan, Duffy, Kelly Nay: Edwards, Dudziak Clayton Husband presented the case to the Com PUD-R on Lots 1 and 2, ain Road 6. Case Z-04-026 - PUBLIC HEARING - Zoning Change fro Block 1, Neidholt Addition, 2.23 acres located at 103-1 Commissioner Du be located at th McC Road. He stated his opposition to the request. He rainage and the increase in the number of lots, and that larger e area. Brandon Battl stated his concer hn McCain Road. He stated his opposition to the request. He ut drainage. There being no one wishing to speak, the public hearing was closed. Commissioner Edwards asked about the drainage complaint discussed by the Battles. Staff stated they are not aware of the complaint. Planning & Zoning Commission Minutes -July 26, 2004 Page 5 of 10 Jody Boyd, 710 Creek Crossing Trail, Keller, applicant. He stated a drainage swale will be required by the City at the rear of the lot to redirect the water into a detention pond. He stated he worked with the Battles during the rains. Commissioner Edwards asked where the houses would be located on the lots. Mr. Boyd stated the house pad would be slightly above the street, and the water would be directed around the house and to the south to an existing pond and to t nt into the street. Commissioner Dudzi Boyd stated they w' ss. Staff advised the lots t improved. Staff stated ot wide enough for a Commissioner Dudziak asked how the two lots have stre have access from an existing access easement, but th there is a little amount of right-of-way adjacent to h street. Commissioner Edwards asked if the develo line to 25 feet. Mr. Boyd stated no. Commissioner Dudziak asked Ms. response to their drainage issue. the property, but her concern i adjacent property developed. S between her side property line and t satisfied with the developer's per has helped with cleaning up 'ngs haven't happened until the fer a 20-foot wide greenbelt ts. request for a greenbelt. Mr. to commit at this time. Commissioner improvements. could be built on. ots could be developed without the access atted and have public access, so the lots abling the case would be best at this time. that the item should be tabled. Motion by Co by Commissione Edwards to table the zoning change. The motion was seconded The motion was approved by the following vote: Aye: Edwards, Dolan, Duffy, Kelly, Dudziak Nay: None Commissioner Edwards stated the Commission will recess for five minutes. Planning & Zoning Commission Minutes -July 26, 2004 Page 6 of 10 6. Case Z-04-027 - PUBLIC HEARING - Amendment to the PUD-R for Tiffany Park, 7.16 acres located in the 4300 block of Brown Trail Barry LeBaron presented the case to the Commission and reviewed the staff briefing. Commissioner Edwards opened the public hearing. Commissioner Duffy asked if the Staff stated they would review the ml nd reviewed about this item. City Council meetings. Mark Crenshaw, 504 Bridlewood North. He stated he rec allowed by the ordinance to build single story houses. Linda Crenshaw, 504 Bridlewood North. She sta prevent two story houses from being constructed. Wayne Ridenauer, 600 Bridlewood North. recalls discussion that would prevent subdivision. He stated he is in favor of the ch There being no one wishing to sp the Council meeting with the ance, but when he received a copy of the d about half of the adjacent houses are two ffer between Bridlewood and Tiffany Park. econd story room designed such that the there was no discussion about doing only ut of the ordinance that was intended to be in pprove the zoning change request. The motion was The moti Aye: Edwa Nay: None y the following vote: , Kelly, Dudziak Commissioner Edwards asked staff to review the records of the previous meetings prior to this item being heard by the City Council. Planning & Zoning Commission Minutes -July 26, 2004 Page 7 of 10 7. Case Z-04-025 - TABLED ITEM - Amendment to Ordinance 0-95-987, the PUD-R for 6.93 acres located at 7171 Colleyville Boulevard Motion by Commissioner Duffy to remove the item from the table. The motion was seconded by Commissioner Dudziak. Commissioner Duffy stated he is not convinc being treated effectively in the traffic study. signs and increasing traffic enforcement at od and SH26 is ok at placing The motion was approved by the following vote: Aye: Edwards, Dolan, Duffy, Kelly, Dudziak Nay: None Barry LeBaron presented the case to the Commissio enting the applicant. He stated Icohol sales for restaurants as ely for restaurant use. He stated ss the improvements to the en added to the site plan. Commissioner Duffy the north side of would have to c vard could be enhanced since ahan stated the additional width ts attended the applicant's meeting. Mr. d. Commissioner Dudziak asked if the decided. cMahan stated no. Commissioner Dudziak ree to keep the dumpsters away from the fence at the rear. Co McMa buildings. ed if residents had concerns about other types of uses. Mr. at they were in favor of the office development over the retail Commissioner Mr. McMahan st stated the ordinance should restrict alcohol sales on Lots 1 and 2. ey are agreeable to this restriction. Motion by Commissioner Duffy to approve the zoning change request, with the restriction of alcohol sales in a restaurant to Lots 1 and 2. The motion was seconded by Commissioner Kelly. The motion was approved by the following vote: Aye: Edwards, Dolan, Duffy, Kelly, Dudziak Nay: None Planning & Zoning Commission Minutes -July 26, 2004 Page 8 of 10 STAFF REPORTS Staff advised the Commission about the vote on the Strathmore replat on tonight's agenda. He stated the City Charter requires that four affirmative votes by the Commission are needed to pass any motion, and that the three votes to approve the replat were not enough to actually approve the plat. Ross Foster stated that generally if a plat complies with t City is obligated to approve the plat. He stated there co depending on the individual situation. He stated unl votes, the plat is denied. lopment regulations, the e discretion with replats ceives four affirmative Commissioner Edwards asked staff what the stated the plat, as it stands, cannot go f approval authority of plats. The motion was approved by the fo Aye: Edwards, Dolan, Duffy, Kelly, D Nay: None Motion by Com Addition. The r Case P-04-031, the replat for Strathmore 'ssioner Dolan. f the joint work session with the City Council about the 4, at 6:00 p.m. Commissioner where listed in th asked that individual commissioners not be identified in the votes mission's recommendation section in the City Council briefings. Planning & Zoning Commission Minutes -July 26, 2004 Page 9 of 10 ADJOURNMENT The Commission adjourned the meeting at 9:50 p.m. by acclamation. Respectfully Submitted, Note: As a matter of public record, an audio recording available upon request. J. Clayton Husband AICP Development Coordinator Approved on: ------- Planning & Zoning Commission Minutes -July 26, 2004 Page 10 of 10 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - August 9, 2004 None Chairman Byerly called the meet" CALL TO ORDER ROLL CALL Commissioners Jeff Byerly, Dolan, Dave Dudziak, 0 were present. elly, Earl Swift, Thomas y, and Luann Edwards Barry LeBaron present. Ross E were INVOCATION CITIZEN COMMENTS AGENDA ITEMS Change from R20 to CN Neighborhood s Subdivision, located at 5005 Thompson at he will recuse himself from discussion and voting on this company having a property listed for sale on Thompson aired the meeting for this zoning case. the case to the Commission and reviewed the staff briefing. ened the public hearing. Carol King, 500 Timbers Court. She stated she would like to see the developer construct an eight-foot fence between her property and this property. She stated her concern that the site may not have enough parking. There being no one else wishing to speak, the public hearing was closed. Jerry Pedersen, 4100 Coachman Lane. He stated they haven't started on landscape design or plans for fences. He stated the parking issue brought up during the hearing is related to cars parking in the street. Planning & Zoning Commission Minutes - August 9, 2004 Page 1 of 4 Commissioner Edwards asked if the parking requirements have been satisfied. Staff advised that the layout meets the parking requirements. Commissioner Edwards asked what type of buffer is required between commercial and residential properties. Staff explained the landscape buffer and screening requirements. Motion by Commissioner Duffy to approve the zoning change request. The motion was seconded by Commissioner Swift. Motion by Commissioner Kelly seconded by Commissioner Duffy. ts 1 and 2, The motion was approved by the following vote: Aye: Byerly, Edwards, Dolan, Dudziak, Duffy, Kelly Nay: None Chairman Byerly resumed as chair of the meeti 2. Case Z-04-026 - TABLED ITEM - Zoning Block 1, Neidholt Addition, 2.23 acres locate The motion was mission and reviewed the staff briefing. Iicant. He presented two exhibits showing layout, which showed location of building . there were any drainage problems with the most recent Comm higher th stated they Development preliminary drain south to an off-site most of the surrounding properties to the north and west are erty and asked how the drainage will be addressed. Mr. Boyd o satisfy the drainage and detention requirements of the Land aff advised that the Engineering Department has reviewed the nalysis for the property and will require a swale to direct the water etention pond. Chairman Byerly asked if the developer was willing to increase the rear building line to twenty-five feet to ensure the houses are further away from the Battle's property. Mr. Boyd stated he feels that change is not needed because the owner's of the lots will likely want to have large back yards, which will place the house at the front building line. Chairman Byerly opened the public hearing. Planning & Zoning Commission Minutes - August 9, 2004 Page 2 of 4 Brandon Battles, 101 John McCain Road. He stated his concerns about drainage and the proximity of the new homes. He stated they met with the developer, who agreed to allow a third-party engineer to review the drainage plans. Commissioner Dolan asked if any of the recent rains reach the swimming pool. Mr. Battles stated the water level was within an inch of going over the top mmissioner Dolan if he is satisfied with the drainage proposal from the applicant. les stated the detention pond is higher than it was before, making it difficult for th r to leave the south side of the lot. Mr. Boyd stated that Old Grove is in the middle improvements are not in yet. He stated they h the overall plans for the subdivision. cess, and the final for the water in Commissioner Edwards asked Mr. Boyd if setback. Mr. Boyd stated yes. Commissioner to increase the setback to more th 5 feet. Mr. to commit to 5-foot rear ed if Mr. Boyd would be willing ted no. There being no one wishing to spe Motion by Commissioner building line being ch ange, subject to the rear nded by Commissioner Kelly. Commissioner especially in re proposal offset the negative aspects, e drainage issues need to be closely monitored during Staff thanke and that they Council. sion for attending the joint work session with the City Council, vise the Commission of any future work sessions desired by the COMMISSIONER COMMENTS Commissioner Duffy stated the draft of the new master plan was well done by the Commission. Planning & Zoning Commission Minutes - August 9, 2004 Page 3 of 4 ADJOURNMENT The Commission adjourned the meeting at 7:53 p.m. by acclamation. Respectfully Submitted, J. Clayton Husband AICP Development Coordinator Approved on: ------- Note: As a matter of public record, an audio recordin available upon request. Planning & Zoning Commission Minutes - August 9, 2004 Page 4 of 4 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: August 23, 2004 P-04-033 - Minor Plat of Sneed Addition, 6.34 acres located at 709 W LD Lockett Road STAFF REVIEW COMMENTS The City of Colleyville is the owner of a 6.34-acre tract of land located on the south side of W. L.D. Lockett Road, east of Precinct Line Road. The owner has submitted a Minor Plat of the property for review and consideration by the Planning and Zoning Commission. The plat will create three lots for the construction of a new park and a 5.0- million gallon water storage tank and pump station. Zoning. The property is currently zoned R40 Single Family Residential. The proposed lot meets the requirements of the R40 zoning district. Right-of-Way Dedication. The plat includes the dedication of 12.5-feet of right-of-way for L.D. Lockett Road. L.D. Lockett Road is classified as a Minor Collector roadway on the Master Thoroughfare Plan, which requires an ultimate right-of-way of 75 feet. A copy of the approved layout for the park improvements is attached. The surveyor has addressed all Development Review Committee comments. The proposed plat appears to satisfy the requirements of the platting standards contained in the Land Development Code. Since this is a City-owned piece of property, the Commission may recommend that the City Council approve the plat also. RECOMMENDATION Approval ATTACHMENTS · Location map . Park Improvements Plan . Plat (see large paper copy) Prepared by: (;L, Agenda Item No.1 - Page 1 r " ~ '" '" ~ .., * ~ ~ '" tll tl31N0H '" S! ') '" .., '" ... g; '" '" 1----------- '" '" ~ - " '" " .0 "'u 91< ",,,! 1-... T~' '. "'I' I~ ; ; "'I 1~ ..-i- ___L.....'........ io .'11( II: I- '" :; u < '" ~ '" I- u -< ",u 91< u -< ... 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U Ilml filii..' ~ ffis ;, z ~ D. ~ W ... ~ :IE C ...I W u: w (,) i= ~ D. ..J ..J Ill( COw t: l:~ O(l)~ en~1- -b:: ..JWui ...I 0.. ..I Ill( 0 ..I cof~ wg~ en Wool IIl(zR a::I fn... .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: August 23, 2004 Z-04-029 - PUBLIC HEARING- Zoning Change from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial on 15.10 acres located at the southwest corner of John McCain Road and Colleyville Boulevard STAFF COMMENTS Pecan Creek Village Center Partners LLC is the owner and developer of 15.10 acres located at the southwest corner of Colleyville Boulevard and John McCain Road. The owner has submitted a request to change the zoning on the property from CC2 Shopping Center Commercial to PUD-C Planned Unit Development Commercial. The property is proposed to be developed as a retail center. A zoning change on this property was considered by the Planning and Zoning Commission and City Council earlier this year, but the request was ultimately denied without prejudice. Since that time, the developer has met with eight homeowner's associations to discuss the development of the retail center. The developer met with the following associations: Monterra, Caldwell's Creek, Monticello, Ross Downs, Pebble Hill Plantation, Villas at Caldwell's Creek, Timarron, and Shalimar. As a result of the meetings, the developers are working on a written agreement with the associations that will include design requirements for the property. A sample copy of a written agreement, which is titled Memorandum of Understanding, is attached. An email from the applicant indicates that the majority of the associations support the project as a result of the requirements in the agreement, and the applicant intends to provide letters of support from the associations. The proposed ordinance for this property has also been updated based on the applicant's revised submittal. Many of the design requirements included in the proposed agreement with the homeowner's associations are included in the ordinance. The proposed development is a mixed-use facility for restaurant, retail, office and commercial uses. The owner proposes to construct approximately 60,000 square feet of buildings for neighborhood retail and office uses on the property. Along the frontage on Colleyville Boulevard, three pad sites are proposed for retail and restaurant users. Near the corner with John McCain Road, a pad site is proposed that would include a Shell convenience store with gasoline sales, and a Great American tire store and automotive service facility. The buildings would be constructed of natural stone and brick. In addition to integrated parking and landscaped areas, a tree preservation area is proposed along Pecan Creek at the rear of the property. Agenda Item No.2 - Page 1 City staff has been working with the applicant on this development proposal for about two years. The applicant is requesting a planned unit development in order to coordinate development on the entire site. Several of the proposed uses could be considered separately with special use permits; however, the planned unit development district provides a more comprehensive regulatory tool that establishes requirements for the entire development rather than specific sites. The PUD-C district also allows the Planning and Zoning Commission and City Council to adopt specific requirements for this property that may include special conditions to minimize or enhance the effect of the development on adjacent properties. The surrounding property is commercial in nature. Properties to the north are zoned ML and are developed as industrial type land use. These properties are located on John McCain Road adjacent to the railroad right-of-way. Property to the east and south is zoned CC2 and is presently undeveloped. The properties to the east, across Colleyville Boulevard, are zoned CC1 and AG, and are mostly undeveloped with the exception of two single family residences. The Master Plan indicates that properties along Colleyville Boulevard are anticipated to be developed for commercial uses in the future. Below is a summary of the major items included in the draft zoning ordinance for this property. land Uses. The proposed ordinance contains a specific list of uses in the proposed ordinance that would apply to the development. This list includes both permitted and prohibited uses. Alcoholic Beverage Sales. The draft ordinance includes approval of a Special Use Permit for alcoholic beverage sales for both on-premise and off-premise consumption. On-premise consumption is allowed in conjunction with restaurant uses. Off-premise consumption is allowed .for grocery stores, convenience stores, specialty wine shops and gourmet food stores. Phasing of Buildings and On-Site Infrastructure. The first phase of the project will include the construction of the in-line retail buildings, the automobile service center, and the convenience store and car wash buildings. The developer also indicated that all driving areas, fire lanes, drive entrances and site utilities will be constructed as part of the first phase of the project. The building and parking lot construction on the three pad sites will take place as those lots are sold and developed. The attached ordinance will require that the developer obtain a building permit for the construction of the in-line retail buildings before a certificate of occupancy will be issued for the convenience store or automobile repair facility. Economic Development Information. The applicant provided an economic summary of the project, which is included with the attached information. The project contains approximately 62,000 square feet of neighborhood retail, restaurant and office space. The estimated annual gross sales revenue for the overall project is $23,270,000, which includes restaurant, retail, and other uses. When completed, the estimated sales tax revenue for the City from this development is $371,080 per year. The ad valorem tax revenue from this project will depend on the value of the improvements to the property. Agenda Item No.2 - Page 2 In addition, any restaurant that would sell mixed beverages would also generate mixed beverage tax revenue to the City. Landscaping. The proposed layout appears to meet the requirements of the landscaping regulations. A detailed analysis of these requirements will be made at the time site plans and building permits are submitted for review. The property provides the required 20-foot landscape buffer area adjacent to Colleyville Boulevard. Sidewalks and Trails. The Land Development Code requires sidewalks along all streets. The developer proposes to construct sidewalks along both Colleyville Boulevard and John McCain Road. Signs. The proposed ordinance requires the developer to construct an entry monument sign adjacent to the corner of John McCain Road and Colleyville Boulevard. A conceptual drawing of the sign is attached, though the sign dimensions have not been finalized. The developer has also expressed interest in working with the City to re- establish the Blue Star Memorial Highway monument on or near this property. Colleyville Boulevard was designated as a Blue Star Memorial Highway on June 13, 1992. This highway designation is made for certain routes around the country as a living memorial to those who have served or will serve in the nation's armed forces. At one time the sign was located at the corner of John McCain Road and Colleyville Boulevard marking the route until destroyed by a truck in 1995. The replacement of this marker was a recommendation of the Colleyville Boulevard Corridor Design Study, which was accepted by the City Council on March 19,2002, by Resolution R-02-1926. While not a part of the zoning proposal for the property, the Blue Star Memorial Highway designation may be considered as a separate item by the City in the future. Tree Preservation. The Planning and Zoning Commission approved a tree mitigation plan for this property on September 8, 2003, before the original zoning application was submitted. There is a separate item on the August 23, 2004, agenda that proposes minor modifications to the plan. Drive Entrances. The proposed plan shows three drive entrances on Colleyville Boulevard. The applicant has worked with TXDOT regarding the number and location of the entrances. There is one drive entrance shown on John McCain Road. This entrance lines up with a future median break on John McCain Road, and TXDOT will construct a portion of the drive approach as part of the road construction project. IMPACT ISSUES 1. Master Plan. The CoJ/eyville Master Plan designates the future use of this area for commercial and retail type land uses. This request is consistent with the goals and objectives of the Master Plan. The Master Plan designates all the property on Colleyville Boulevard in this area as commercial and retail property. Agenda Item No.2 - Page 3 2. Surrounding Properties. Most of the surrounding properties are undeveloped, but planned for commercial use. The property along the south side of John McCain Road is developed as industrial uses. Property south of the site, at the intersection with Tennison Parkway, is developed as offices. 3. Development Trends. The long-term trend for this area is commercial and retail development. Property in the area is generally suitable for that type of development. 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. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 2004 taxable value of the property is $2,104,819. The estimated City property tax revenue for the undeveloped property is $7,312 annually. The future property tax revenue would depend upon the value the building improvements to the property. 6. Public Notification. Staff mailed notices to 66 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. One letter of opposition has been received regarding the request, and a copy is attached. SUMMARY The site in question is the northern gateway into Colleyville. The Colleyville Master Plan recommends that retail and commercial development occur at this location. The economic development goals contained in the Colleyville Master Plan are focused on building out the remaining commercial areas with revenue-generating businesses. These types of businesses would include retail oriented activities that provide significant sales tax revenue. The proposed development satisfies these goals. The proposed development of the property would have a positive impact on the future commercial growth of the city in this area through increased property values and sales tax and property tax revenue. This property is also located within the TIF district for Colleyville Boulevard. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: August 23,2004 City Council: September 21 and October 5,2004 RECOMMENDATION Approval Agenda Item No.2 - Page 4 ATTACHMENTS · Location and Zoning Map · I nformation from Applicant · Site Plan (see large paper copy) . List of Property Owners Notified · Correspondence · Draft ordinance Prepared by: ~ Agenda Item No.2 - Page 5 LOCATION AND ZONING MAP Pecan Creek Village Center Request for PUD-C Zoning City of Colleyville, Texas Purpose and Intent: This request is for Planned Unit Development - Commercial zoning (pUD-C) for commercial and retail uses on a 15.1O-acre tract of land, located at the southwest corner of Colleyville Boulevard (S.H. 26) and John McCain Road. Pecan Creek Village Center is proposed to be an upscale, urban retail center providing neighbors with convenient access to needed goods and services. A professional development team dedicated to building a superior 'Gateway' project for the Colleyville community brings this project before the Commission. Pecan Creek Village Center will consist of five separate parcels upon platting These pads are in integral piece in the Village Center and will attract high quality and credit tenants that will become long-term, committed members of the community. This being said, these pads should be fairly unrestricted in use to offer and encourage a broad range of potential tenants, including those with drive-thru offerings. Lot 1 is designated as the site of the Shell and Great American Multi-Facility Concept, featuring a Shell gas station, convenience store, and car wash, and the Great American One- Stop Auto Care facility. Lot 5 of the Center will be the location of approximately 40,000 square feet of in-line retail and service space, housed in two separate buildings. The remaining parcels will be sold to retail and service users consistent with the allowable uses under the PUD-C. While the existing zoning is currently "CC2-Shopping Center" and allows for retail uses, the development proposes a convenience store with gasoline sales and a light automotive service center with service bays, which require Special Use Permits (SUPs). The PUD-C proposes to incorporate the requirements of these Special Use Permits with specific development guidelines for the overall Center. Other potential uses currently requiring a Special Use Permit that would be included in the PUD-C are tutoring services, vocational schools, antique stores, day care and other appropriate retail and service uses. The resulting zoning district will allow for a more creative and efficient development and provide the City and the neighbors with the assurances of quality development and servIces. Despite the fact that there are no direct abutting residential neighbors, our development team has held a series of meetings with representatives of eight nearby homeowner's associations to discuss the overall project and their concerns. The collective result of these ongoing meetings is to enter into a Development Agreement for the project that meets with the support of the majority of the eight subject homeowner's associations. It is the goal of the development team to have this agreement finalized and available for review prior to the Planning and Zoning Commission meeting for this project and to incorporate the developer's obligations in the City approvals, as well as the recorded Covenants, Conditions, and Restrictions for the project. The architecture of the Center proposes to promote and maintain the character of the City of Colleyville and of the newer commercial centers in the immediate area. Low rise, warm retail/office buildings will offer storefront windows with strong horizontal and vertical components. Buildings proposed for the center will consist largely of natural stone and brick construction in warm colors and complementary tones. Public access to open spaces and landscaped areas will be provided and maintained throughout the development. The design of the center includes strong city entry features for the City of Colleyville including a new entry monument sign, a permanent water feature with fountains, a bridge feature over the water, decorative lighting, tasteful signage and lush landscaping. It is the intention of the development team to work with the City as appropriate to accomplish a goal of the SH 26 Corridor Study and re- establish the Blue Star Memorial Highway monument at the intersection as well. Pedestrian access throughout the Center is a key to its planning and development and careful consideration has been given to provide access to local residents and patrons. The sidewalk and circulation plan promotes pedestrian level views and access to elements throughout the site and will provide a connection to both sidewalks along Colleyville Boulevard and the Cotton Belt trail. The establishment of new landscaped common areas, medians, and entries will cover the retail center in natural vegetation, colors and textures. Perpetual maintenance of all common areas, including tree preservation areas along Pecan Creek, will be the responsibility of the Pecan Creek Village Center Owners Association, which will be established in conjunction with timing of the public hearings and the associated Covenants, Conditions, and Restrictions for the Center. The Concept Plan, as proposed, provides a general layout of the lots and built improvements for the retail center. While the lot sizes and building configurations may alter slightly prior to actual development, this plan will be used as a tool and a guide for the future development of the property. Once approved, the PUD and Concept Plan will be used by the city to insure that all final development plans will maintain the same character and integrity of the approved zoning. Land Uses I Areas: The property consists of approximately 15.10 acres of land, which will be subdivided into five separate lots. The base zoning for the PUD-C is proposed as CC1 (Village Retail), as provided in the City of Colleyville Zoning Ordinance. All conditions and requirements of the CC1 district, the approved PUD-C and the approved Concept Plan shall be followed and maintained throughout the development of the property. General land uses and proposed land areas are proposed as follows: Lot 1 Convenience Store with Gasoline Sales and Automotive Service and Tire Sales Retail/Commercial Pad Site Retail/Commercial Pad Site Retail/Commercial Pad Site Retail/Commercial Site Apx. 1.92 Acres Apx. 1.19 Acres Apx. .94 Acres Apx. 1.19 Acres Apx. 9.87 Acres Lot 2 Lot 3 Lot 4 LotS Approximate Total Area Apx.15.1 Acres Open Space is included within the proposed development in the form of landscaped parkways and medians. Great care was taken to protect and enhance the existing creek that has heavy vegetation and storm water detention areas featuring permanent water and fountains will be incorporated into the plan. A permanent tree preserve along the creek will assure the city and the public that the creek and trees will remain in their natural condition from this point forward. The development team previously worked diligently with Staff (Clayton Husband & Barry LeBaron) to create a tree mitigation plan that subsequently was approved by the P&Z Commission. This open space will be guaranteed by restrictive covenants, describing the conditions, restrictions and maintenance, to be filed with the Final Plat and approved by the City. Development Controls: Covenants, Conditions and Restrictions will be established for all improvements proposed within the development. Consistency in building architecture, landscape design, lighting and sign age will be required and controlled by the developer, as well as, future owners. Anticipated Tenants and Uses: Lot I will include a Shell convenience store, fueling facility and carwash, as well as, a Great American One Stop Auto Care. Together, this facility is called a MFC, Multi-Facility Concept, which is a new breed of automotive center, offering customers a complete menu of automotive services in one, convenient location designed to meet today's very mobile consumer demand - including fuel, drive through car wash, expert light automotive services, tire services, automotive lubrication services, and a convenience store - all in one location. This facility is modem and different, which offers a new level of service and convenience, complete with upscale amenities to meet today's consumer driving needs. A company that specializes in upscale tenants with new and innovative designs designed the interior of the Great American. They have a very long list of satisfied clients such as Starbucks, Seattle's Best, Sears, Radio Shack, Home Depot and many more. The MFC is not only modem in design but in operation too. All employees are uniformed, professional in character and driven by quality customer service. The tires are encased in pullout drawers; the customer waiting area is plush with leather couches, complimentary refreshments, TV, Internet hookups and even game-boys to help children pass the time. There is no outside storage and all work done on vehicles is handled inside the service bays. It is a very consumer friendly environment where all services are menu-driven and prices are posted. Shell and Great American are examples of the top-shelf, quality oriented and long-term commitment tenants that can be expected to reside in our neighborhood center. Both tenants are making a long- term operating commitment to the center and the local community and will add value by taking part in local promotions that benefit charities and other benevolent organizations. Lot 5 will hold two in-line retail/service buildings, which will house national and local retail and office tenants. It is anticipated that these tenants will include uses that are typically present in upscale and modem developments of this nature. The selection of tenants will be a balanced mix of everyday retailers and service providers to enhance the quality and convenience for the City of Colleyville residents. Lots 2, 3 & 4 are expected to attract quality, national and/or local retailers to provide much-needed services to the local ColleyviIle community, as well as, drive-by consumers. City Sales Tax Benefits: Preliminary site plans show the potential for approximately 62,000 square feet of leaseable retail and commercial development in Pecan Creek Village Center. With this mix of tenants, it is expected that the City of Colleyville will benefit from the intake of sales tax as seen in the following data: Projected Buildine: Square Footae:e1 Lot 1 - Multi-Facility Concept Great American One Stop Auto Care Shell Convenience Store (does not include Car Wash or Canopy) Lot 2 - Retail Commercial Lot 3 - Fast Food Restaurant with Drive- Thru Lot 4 - Full Service Restaurant Lot 5 - In-Line Retail/Service 6,150 sf 2,107 sf 4,300 sf 3,600 sf 5,660 sf 40,000 sf Total Projected Building Square Footage 61,817 sf Projected Annual Gross Sales Revenues Lot 1 - Multi-Facility Concept Great American One Stop Auto Care Shell Convenience Store Lot 2 - Retail Commercial Lot 3 - Fast Food Restaurant with Drive- Thru Lot 4 - Full Service Restaurant Lot 5 - In-Line Retail/Service (Including Anticipated Restaurant) $ 1,800,0002 $ 5,220,0002 $ 5,000,0003 $ 1,250,0004 $ 2,500,0005 $ 7.500.0006 Total Projected Annual Gross Revenues $23,270,000 Projected Annual Taxable Revenues Lot 1 - Multi-Facility Concept Great American One Stop Auto Care Shell Convenience Store Lot 2 - Retail Commercial Lot 3 - Fast Food Restaurant with Drive- Thru Lot 4 - Full Service Restaurant Lot 5 - In-Line Retail/Service (Including Anticipated Restaurant) $ 1,260,0007 $ 1,~,0007 $ 5,000,0003 $ 1,250,0004 $ 2,500,0005 $ 7.500.0006 Total Projected Annual Taxable Revenues $18,554,000 Proiected Annual Sales Tax Revenue to the City of Collevville8 Lot 1 - Multi-Facility Concept Great American One Stop Auto Care Shell Convenience Store Lot 2 - Retail Commercial Lot 3 - Fast Food Restaurant with Drive- Thru Lot 4 - Full Service Restaurant Lot 5 - In-Line Retail/Service (Including Anticipated Restaurant) $ 25,200 $ 20,880 $ 100,000 $ 25,000 $ 50,000 $ 150.000 Total Projected Annual Sales Tax Revenue $ 371,080 IProjected building square footages have been estimated based on conceptual site plans for Pecan Creek Village Center. Actual square footage for the project will be dependent on the detennination of end users for Lots 2, 3, and 4. 2Projected revenues for the Multi-Facility Concept are based on historical figures for similar developments across the United States. 3Lot 2 revenues are based on a retail use such as a pharmacy, national video rental chain, high-end furniture store, or similar stand-alone retail use. Revenues have been estimated based on data published by the Urban Land Institute in "Dollars and Cents of Shopping Centers: 2004" for these types of uses. 4Lot 3 revenue projections are based on the Urban Land Institute average sales figures of $347 per square foot for sandwich or hamburger type operations ("Dollars and Cents of Shopping Centers: 2004"). 5Lot 4 revenues have been estimated based on higher end national chain or independent restaurant sales data, obtained from 2004 Urban Land Institute data ("Dollars and Cents of Shopping Centers: 2004"). Sales per square foot of $440 have been used in the projections. 6Lot 5 In-Line revenues are based on 8,500 square feet of restaurant use, and 75% of the remaining 31,500 square feet being occupied by retail tenants (23,625 sf). Restaurant revenues for the in-line building assume sales of approximately $175 per square foot, versus the industry average of $273 per square foot estimated by the Urban Land Institute. Retail revenues in the in-line building are projected at $254 per square foot per year, which is conservatively less than estimates of $262 per square foot from the Urban Land Institute for this type development ("Dollars and Cents of Shopping Centers: 2004"). 7projected Annual Taxable Revenues for the Multi-Facility Concept do not include gas sales or service revenues. 8Sales tax revenues to the City of Colleyville have been estimated based on a 2% local sales tax rate. Estimated Development Schedule It is the intent of the ownership of the Pecan Creek Village Center property to begin construction on the Village Center as soon as all necessary permits are obtained. At this time, we are expecting to begin site work in early 2005, which would include grading, installation of utilities, internal roadways, detention and perimeter landscaping. Construction on Lot 1, on the Shell and Great American structures would start approximately 45 days following the commencement of site work, or as soon as grading and utility installation will allow. Construction on the in-line buildings planned for Lot 5 will be undertaken concurrently with the Shell and Great American facilities. This is expected to happen in the 1st quarter of 2005. Lots 2. 3 & 4 will be delivered as "finished pads" and will be ready for development in the 2nd quarter of 2005. This is a fairly aggressive schedule, but it is the intent of the Village Center ownership group to develop and build-out the center in a very quick timeframe. MEMORANDUM OF UNDERSTANDING FOR PECAN CREEK VILLAGE CENTER COLLEYVILLE, TEXAS AUGUST _,2004 Purpose ofthe Understanding: The purpose of this Memorandum of Understanding (the "Understanding) is to establish parameters for the zoning, platting, design, and construction of Pecan Creek Village Center ("Center") which are mutually acceptable to each of ServiceStar Development Company LLC ("Developer") , Pecan Creek Village Center Partners LLC ("Owner") and each of the nearby HOA Participants (listed below) whose representatives have participated in detailed discussions and negotiations with the Developer regarding the development of the Center. Parties to the Understanding: Developer and OWner, and Each of the following Homeowners Associations of the respective residential subdivisions located in the City near the Center: Monterra, Caldwell Creek, Monticello, Ross Downs, Pebble Hill Plantation, Villas at Caldwell Creek, Timmaron and Shalimar (the "HOA Participants") I. Recitals 1. In an effort to reach a mutually acceptable understanding pertaining to the zoning, subdivision, design and construction (collectively, "development") of the Center, a number of meetings and discussions have taken place between representatives of the Developer, Owner and Homeowner Associations of the following subdivisions: Monterra, Caldwell Creek, Monticello, Ross Downs, Pebble Hill Plantation, Villas at Caldwell Creek, Timmaron and Shalimar. 2. Among other things, formal meetings among such representatives were noticed, scheduled and held and the following activities took place (or are scheduled): Fall,2003 2nd Otr, 2004 June 22, 2004 July 13, 2004 July 21-29,2004 July 30, 2004 August4,2004 August 19,2004 Initial Meetings with representatives of Ross Downs, Timmaron and Monterra Modifications to the Center plans based on public comments at City COuncil meetings in April of 2004 First Meeting between Developer, Owner and the HOA representatives Detailed meeting minutes and project information was subsequently distributed via e-mail so that it could be shared with the HOA r~sidents. Second Meeting with the HOA representatives. Detailed meeting minutes were again subsequently distributed, including the Development Agreement Outline discussed at the meeting. Detailed information on the Center was delivered to the HOA representatives for sharing with the residents Zoning submittal of the Center was made to the City Staff Third Meeting with the HOA representatives Fourth Meeting with the HOA representatives (if necessary) 3. Among other things, various Center drawings, surveys, preliminary elevations and renderings of the proposed Center buildings, and other information relating to the proposed development was provided to the HOA representatives. The Parties were given the opportunity to raise and discuss potential problems, issues and concerns relating to the development of the Center. 4. The Parties acknowledge that the current zoning in place on the Center property permits a number of uses and improvements that could create problems or issues for the nearby residential subdivisions (traffic, noise, the presence of "big box" retail buildings, negative impacts on residential values, etc. and that the uses and improvements permitted by the contemplated Development Understandings are more desirable. 5. The mutual understanding more particularly described below was reached among the Parties regarding the development of the Center. II. Proposed Center Design and Development Understandings 6. As a result of the meetings and negotiations among the Parties, it is proposed that the Center be developed in substantial compliance with each of the following uses and conditions ("Development Understandings") : A. the site plan, preliminary building renderings and building elevation drawings provided to the HOA representatives in the above-referenced meetings and thereafter in electronic and hard copy (the "Drawings"); B. the quality, integrated design, colors and appearance of the structures and other improvements as generally depicted on the Drawings; C. with the various features ("City Entry Features") located at the southeast corner of Colleyville Boulevard (S.H. 26) and John McCain Road which are intended to be appropriately indicative of the entry to the City from the north on Colleyville Boulevard, as reflected on the Drawings, and such City Entry Features will specifically include the water and fountain elements, the land bridge entry feature (between the water features) from John McCain Road, the corner signage prominently incorporating "City of Colleyville" identification, upgraded landscaping and character lighting, the installation of the Blue Star Memorial Highway Monument (if desired by the City) in coordination with the corner signage, all as indicated on the Drawings; D. the commencement of construction of all of the site work, perimeter landscaping, internal drives and the two in-line retail buildings along the western property line of the Center prior to the opening of the motor fuel station and/or Auto Care Business building for business, all as generally indicated on the Drawings; E. the further design and construction of the Center in a manner that is generally consistent with the Highway 26 Design Study previously published by the Texas Department of Transportation ("TX- DOT") and approved by the Cit;. F. the execution by Developer of a CitylDeveloper Agreement with the City of Colleyville with provisions pertaining to the tree mitigation plan ("Tree Mitigation Plan") for the Center as previously submitted to the City by Developer and approved by the Planning and Zoning Commission of the City a number of months ago; G. in addition to its commitment to the Tree Mitigation Plan, the design and development of the Center by Developer in a manner that the vast majority of the existing trees located in the creek areas to the west of the Center will be preserved as a tree preservation area and the existing large trees in that area will continue to serve as a visual screen of the Center from the west; H. the recordation of deed restrictions covering the property owned by Owner on the southeast corner of Colleyville Boulevard and the extension of John McCain Road, the site of the former Mobil gas station parcel (also known as Fast Phil's) (the "Existing Gas Station Property"), prohibiting the sales and/or storage of gasoline and other automobile fuels on the Existing Gas Station Property, regardless of whether the zoning ordinances of the City otherwise permit such sales or storage; I. the demolition and removal of the existing gasoline pump canopy and associated underground storage tanks and appurtenances located on the site of the Existing Gas Station Property; J. the design and construction of a sidewalk by Developer on the south side of the relocated portion of John McCain Road for the full distance of the depth of the Center property line as depicted on the site plan in the Drawings, from east to west along relocated John McCain Road (to the extent such sidewalk improvements are not included in the TX-DOT improvements currently under construction), and 2 the connection of the sidewalk to the existing Cotton Belt Pedestrian Trail located to the west of the railroad located just west of the Center; K. the design and construction by Developer of all site lighting for the Center so that there will be no off-site direct glare from the parking and exterior site lighting fixtures that are constructed and located within the Center; L. the filing of Covenants, Conditions and Restrictions ("CC&Rs") by Developer covering the Center which contain, among other things, the following deed restrictions, which shall apply to all lots and business operations within the Center: (1) No soda or ice machines may be placed or located on the outside of any building within the Center; (2) No tires or other automotive-related merchandise may be stored or displayed outside of any building in the Center; (3) Propane supply tanks and related supplies, if any, must be kept and maintained in an enclosure which is enclosed on at least three sides and constructed of the same materials as the adjacent building; (4) All automobile lubrication, maintenance and repair operations for the business operated in the building indicated for auto care ("Auto Care Business") indicated in the Drawings must be conducted inside the indicated building and with the bay doors in the down position except during those times when the doors shall be raised to allow for auto movements in or out of the building and otherwise only to the extent reasonably required for human safety or as required by law; (5) No automobiles being serviced or repaired by the Auto Care Business may be parked or stored overnight outside of the Auto Care Business building; (6) Any vehicle left continuously unattended for more than 48 hours on the Center property shall be towed from the Center; (7) All trash enclosures on the Center property must have enclosures on at least three sides of at least 7'-6" in height, constructed of the same type materials as the primary buildings in the Center, with a gate on the front of the enclosure. All trash enclosures will be reasonably landscaped and screened; (8) Trash removal service for the Center will be restricted so that all of it occurs during the hours between 8:00 a.m. to 6:00 p.m., local time, Monday through Friday, 9:00 a.m. to 5:00 p.m., local time, Saturday, and such removal service shall not be permitted on Sundays. III. Understandings 7. Subject to observation of this Understanding by the majority of the HOA Participants, the Developer and Owner agree to: (i) take all reasonable actions to obtain the approval of the zoning and platting of the Center and obtain all other necessary City permits and approvals in accordance with the Development Understandings above in Section 6, Items A through G, inclusive, and (ii) cause the Center to be developed in accordance with, and to cause the requirements to be met in all material respects of, Section 6, Items H through L above, inclusive. Developer agrees to submit the CC&Rs and the deed restriction on the Existing Gas Station Property to the City for review in connection with the zoning of the Center and to record such CC&Rs and deed restriction in the deed records of Tarrant County, Texas prior to the commencement of construction on any public or private improvements within the Center and prior to the sale of any of the Center property and the Existing Gas Station Property (together, the "Affected Real Property") and to make specific reference to such restrictive covenants in all sale and lease agreements of the Affected Real Property. 8. Subject to and conditioned upon the compliance and observation of this Understanding by all of the other Parties, Developer and Owner further agree to exercise reasonable efforts to make the Development Understandings a specific part of the City's governmental approvals of the Center. 3 9. The commitment of the Developer and Owner to this Understanding, shall be specifically conditioned on the public support of the governmental approvals for the Center by a majority of the HOA Participants as described herein and the successful receipt of all necessary final governmental approvals of the City and all other governmental entities having jurisdiction over the development of the Center for the development of the Center, including without limitation all required building permits for the Center, from the City and TX-DOT. Such public support shall include attendance and public statements of support by representative members of the Board of Directors of each of the HOA Participants at all public hearings and meetings with the Colleyville Planning and Zoning Commission and City Councilor as reasonably requested by Developer and/or Owner. The HOA Participants must also submit written letters evidencing the support of their respective Boards of Directors for the Center in accordance with the terms and conditions of this Understanding to the Planning Commission and the City Council. Developer and Owner shall not be required to satisfy the Development Obligations in the event that either: (i) a majority of the HOA Participants do not meet the requirements for their support as set forth above for the governmental approvals and/or (ii) the necessary governmental approvals are not successfully obtained as required by the terms of this Understanding. IV. Miscellaneous 10. Developer and Owner reserve and shall have the right, without prior notice to or consent of all or any of the HOA Participants for the Developer to conveyor assign the obligation to develop the Center or the Existing Gas Station Property and all of its duties, privileges, rights and benefits under this Understanding to its successors and assigns, whereupon all of such duties, privileges, rights and benefits shall automatically be vested in, be binding on and inure to the benefit of the Owner; provided that Developer shall give each HOA Participant written notice of such conveyance or assignment within thirty (30) days after it becomes effective. None of the duties, privileges, rights and benefits of any HOA Participant under this Understanding may assigned or transferred without the express prior consent of Owner, and all attempted transfers or assignments in violation of this provision shall be void ab initio. This Understanding shall be effective as of August _, 2004, regardless of when signed. DEVELOPER: OWNER: ServiceStar Development Company LLC Pecan Creek Village Center Partners LLC By: Name: Mark E. DeRose Its: Manager' By: Name: Mark E. DeRose Its: Manager 4 Z-04-029 Monument Custom Homes Inc PO Box 159 Colleyville TX 76034 Riley, Shelly W etux Vina J 2217 Collins Path Colleyville TX 76034 Stuteville, Gregory etux Teres 7207 Stilton Court Colleyville TX 76034 Parshall, John C etux Misty H 7205 Maranatha Court Colleyville TX 76034 Mathis, Kimberly D etvir Kevin 6508 Westcoat Drive Colleyville TX 76034 Silverberg, AI 7204 Thames Trail Colleyville TX 76034 Turner, CAllen 1908 John McCain Road Colleyville TX 76034 Dees, John etux Vilma 7200 Maranatha Court Colleyville TX 76034 Nelson, Arnold E & Joyce Ann 5800 Hunter Trail Colleyville TX 76034 Rice, Norman S & Rosalind Rice 7205 Braemar Terrace Colleyville TX 76034 Wall, Kevin R etux Wendy S 7209 Thames Trail Colleyville, TX 76034 Hinson, Timothy etux Kelly 7211 Stilton Court Colleyville TX 76034 Crowell, Bernard Jr etux Karen 7204 Braemar Terrace Colleyville TX 76034 Roland, Terrance etux Joyce 7205 Thames Trail Colleyville TX 76034 Kim, Sang Taek 7203 Stilton Court Colleyville TX 76034 Timarron Owners Assn Inc 1800 Preston Park Blvd Ste 101 Piano TX 75093 Cimperman, Brian R etux Cyndi 1813 Prince Meadow Drive Colleyville TX 76034 Rtan-Rtan Enterprises Inc 346 Parkwood Lane Coppell TX 75019 Ridley. Kenneth J PO Box 826 Keller TX 76244 Beglari, Marc & M Hatamieh 7208 Stilton Court Colleyville TX 76034 Heatley Capital Corp Tr 2108 Hurd Dr Ste 200 Irving TX 75038 Kim, Jane M 7212 Thames Trail Colleyville TX 76034 Christensen, Jen M etvir Chas 7208 Thames Trail Colleyville TX 76034 Orler, John J etux Allison 7200 Braemar Terrace Colleyville TX 76034 Ninios, Louis etux Lucy N 7201 Thames Trail Colleyville TX 76034 Render, Richard E etux Sylvia 7200 Thames Trail Colleyville TX 76034 Raman Chandler Properties PO Box 611 Colleyville TX 76034 Maverick Drywall & Insulation 1901 John McCain Road Ste A Colleyville TX 76034 Ferange, Terry & Rita 1514 Spruce Court South lake TX 76092 Cannatella, Angelo & Phyllis 7111 Colleyville Blvd Colleyville TX 76034 Hampton, Anthony C etux Cather 2200 Danielle Drive Colleyville TX 76034 Applewhite, Larry etux Sandra 7001 Primrose Lane Colleyville TX 76034 Whitco Consulting Ltd 3930 Glade Road Ste 108 Colleyville TX 76034 Kouzes, Stephen etux Kyle 1713 Heathermore Colleyville TX 76034 Grossman, Lisa 1701 Heathermore Colleyville TX 76034 Warner, Burdette Lee 1621 Heathermore Colleyville TX 76034 Franco, Ronald V PO Box 5287 Culver City CA 90231 Pulte Home Corp of Texas 1234 Lakeshore Drive Coppell TX 75019 Cannatella, Angelo 515 Hillside Drive Colleyville TX 76034 Corder, Mark & S Scalzitti 7009 Primrose Lane Colleyville TX 76034 Stuart, Carroll S 7005 Primrose Lane Colleyville TX 76034 Brack, John V etux Evelyn S 1717 Heathermore Colleyville TX 76034 Grantland, Gary M 7201 Braemar Terrace Colleyville TX 76034 Staggs, Gary M etux Barbara A 1709 Heathermore Colleyville TX 76034 Seiber, F Dean etux Kristen 1625 Heathermore Colleyville TX 76034 Talley, Jean 1617 Heathermore Colleyville TX 76034 Dietrich, Charlotte 7001 Colleyville Boulevard Colleyville TX 76034 Ctaj Ltd 6904 Colleyville Boulevard Colleyville TX 76034 Hasting Cove Ltd PO Box 5287 Culver City CA 90231 Kuhn, Alyce 2204 Danielle Drive Colleyville TX 76034 Tropicana Group LLC 3930 Glade Road Ste 108 Colleyville TX 76034 Hudson, Rocky & Cynthia 7011 Colleyville Blvd Colleyville TX 76034 Whiteo Consulting Ltd 2105 Harwood Road Ste 215 Bedford TX 76021 Freitas, Michael W etux Rebecc 1705 Heathermore Colleyville TX 76034 Villas at Caldwell Creek HOA PO Box 293 Colleyville TX 76034 West, Charles F Sr 7009 Colleyville Boulevard Colleyville TX 76034 Jomel LP 1307 Haddington Lane Keller TX 76248 Davis, Carol 3300 Spring Valley Drive Bedford TX 76021 Colleyville Creme de la Creme 5922 DTC Blvd Ste 360 Greenwood Village CO 80111 Groesbeck, Gary 1608 Douglas Avenue Colleyville TX 76034 Boyd, Kenneth D etux Linda 1617 Douglas Avenue Colleyville TX 76034 Monterra Home Owner's Assoc 6707 Brentwood Stair Road Fort Worth TX 76112 Total Enterprise Inc PO Box 610764 Dallas TX 75261 The Wickham Family Ltd Prtnshp PO Box 110278 Carrollton TX 75011 Monarch Photographic Corp 1700 Tennison Pkwy Colleyville TX 76034 Pecan Creek Village Center ptnrs 5670 Greenwood Plaza Blvd Suite 300 Greenwood Village CO 80111 ServiceStar Property Company LLC 5670 Greenwood Plaza Blvd Suite 300 Greenwood Village CO 80111 Case Z-04-029. Notices dated August 13, 2004. According to the last published tax rolls, individuals who own property that is within 500 feet of the proposed zoning change or special use permit request al listed above. I certify that the parties listed above have been notified of the proposed zoning change or special use permit request as required by the Texas Loc Government Code and the Colleyville Land Development Code. Clayton Husband AICP Page 1 of2 Barry LeBaron From: Janice Cole Uanicecole1066@comcast.net] Sent: Monday, August 16, 2004 7:05 PM To: Andrewsorrell@cs.com; Barry LeBaron Cc: Joe Hocutt; Mark Skinner; Elaine Dolan; Rich Hendler; Jon Ayers; Tom Hart Subject: The Ratliff Group/Pecan Creek Village Center To Andy Sorrell, President, Monticello Homeowner Assoc. Barry LeBaron, AICP, Community Development Manager, City of Colleyville cc: Colleyville Mayor and City Council I have attended two recent meetings with Bennett Ratliff, Dan Poremba, Mark DeRose, and other member of the Ratliff Group regarding the property located at John McCain and Colleyville Blvd. (Hwy. 26). I am opposed to their development at this site for the following reasons: There are currently three Shell Gasoline Stations within three miles of the proposed development, and seven automotive repair or maintenance businesses in less than five miles of one another. The proposed Shell Station and Tire store at JM and Hwy. 26 does not make sound economic sense for our city. Gasoline, car washes, tire and convenience stores does not translate into a sales tax advantage for Colleyville. Small "impulse" drive through businesses do not appear to be successful in Colleyville. These include the abandoned "Phast Phils" gasoline and convenience store, the closed Chevron Station, the boarded up Taco Bell, Whataburger and Jack in the Box, all located on Colleyville Blvd. Contrary to the belief of the Ratliff Group, Colleyville and Grapevine residents are bargain shoppers. Shell and the Great American Tire store are expensive brands at expensive prices. Will their prices compete with Sams Club; Fast Track and Discount Tire Store also located within a five mile radius of JM and Colleyville Blvd? There have been many articles in area newspapers recently discussing the toxicity levels of the gasoline additive MTBE. This additive in nOw required by the Federal government to be added to gasoline under the Clean Air Act. EPA studies have shown that MTBE's are not as soluble in ground water as once thought. This should be a red flag to everyone as the proposed gas station abuts Big Bear Creek. If, as suggested by the developer, a well is drilled to aid the drainage detention area, there is a possibility of polluting the Big Bear Creek river system that flows through not only Colleyville but Southlake, Euless and Bedford. The architectural rendering of Pecan Creek Village shows a large pond, i.e. "Colleyville water feature", on the corner of the property closest to John McCain. This area floods with every heavy rain and although drainage improvements have been 8/17/2004 Page 2 of2 made by the city; there still exists the potential for toxic material to be expelled into Bear Creek. The traffic situation will not improve at the corner of JM and Hwy. 26 with the addition of this business. Every morning and every afternoon there are school buses and traffic attempting to negotiate turns at this intersection. Mature trees will be sacrificed to add one more strip center to an area that is replete with available real estate. I am impressed with the Ratliff Group and their willingness to negotiate improvements to their development. However, a gas station and convenience store is just that. What happens to the Ratliff Groups promises several years from now, or in the great possibility that it too becomes another boarded up, closed business? This one, however, will be located at the gateway to our city. Please consider this development carefullv. Regards; Janice Cole 8/17/2004 ORDINANCE 0-04-xxxx AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 15.10 ACRES OUT OF THE ABSALOM J. LOTT SURVEY, ABSTRACT 963, FROM THE CC2 SHOPPING CENTER COMMERCIAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL 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 Pecan Creek Village Center Partners LLC, on August 2, 2004, under Case No. Z-04-029; 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 as shown on the attached Exhibit "8", by changing the zoning of said property from the CC2 Shopping Center Commercial district to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for retail, commercial and office land uses. Ordinance 0-04-xxxx Page 2 of 7 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED AND PROHIBITED LAND USES a. The following land uses shall be permitted within this Planned Unit Development. (1) One (1) convenience store with gasoline sales and car wash One (1) automobile repair and service facility without outside storage Convenience store without gasoline sales Restaurants with drive-in or drive-through service Supermarket or grocery store Bakery Meat and fish market Cafe, cafeteria and restaurants General retail sales Pharmacy and drug stores Retail plumbing, electrical and hardware stores Bookstore or stationery shop Jewelry, camera or music store Florist shop Furniture store (2) (3) (4) (5) (6) (7) (8) (9) (10) (11 ) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) . (24) (25) (26) Pet shop Gasoline service station Building material sales without outside storage Barber shop, beauty shop, salons and day spas Dry cleaners Alterations shop Health and fitness studios Music and dance studios Interior decorator shop Caterer Medical and physician offices Ordinance 0-04-xxxx Page 3 of 7 (27) Veterinary clinics without outside kennels (28) General offices (29) Banks and financial institutions (30) Day care center and day nurseries (31) Community buildings (32) Business and professional schools (33) Train passenger terminals (34) Government buildings and parks b. The following land uses shall be prohibited within this Planned Unit Development. (1) Self-service laundromats (2) Funeral homes or mortuaries (3) Bus passenger terminals (4) Cemeteries and mausoleums (5) Kindergarten, primary or secondary private schools (6) Junior and senior colleges and universities (7) Vocational, technical and trade schools (8) Indoor and outdoor amusements 3. ALCOHOLIC BEVERAGE SALES a. A Special Use Permit for alcoholic beverage sales for on- premise consumption in conjunction with a restaurant use is hereby authorized. b. A Special Use Permit for alcoholic beverage sales for off- premise consumption for a grocery store, convenience store, specialty wine shop or gourmet food store is hereby authorized. 3. CONCEPTUAL SITE PLANS. PLATTING AND PHASING OF DEVELOPMENT a. The arrangement, location, and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "C" and Exhibit "D" and will be determined at time of site plan and landscape plan approval. b. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the Ordinance 0-04-xxxx Page 4 of 7 property in accordance with the procedures and requirements of the Colleyville Land Development Code. c. Prior to the issuance of a certificate of occupancy for the convenience store with gasoline sales and/or the automobile repair and service facility, the developer must apply for and receive a building permit for the construction of the two neighborhood retail buildings, as shown in Exhibit "C". 4. LOT REQUIREMENTS AND SETBACKS a. The lot requirements and setbacks shall be the following minimum standards: (1) Minimum Lot Size (2) Building Line adjacent to street (3) Side Building Line (4) Rear Building Line (5) Maximum Lot Coverage (building) None 40 feet 15 feet 15 feet 60 percent b. The buildings shall not exceed thirty-five (35) feet in height. c. No buildings shall be located within one hundred fifty (150) feet of the south right-of-way line of John McCain Road, as shown on Exhibit "C". 5. OPEN SPACE AND LANDSCAPING a. The building site shall comply with the minimum landscaping requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. The landscaped area may be utilized for storm water detention purposes. c. Each of the storm water detention ponds shall be designed to maintain a permanent water level, and each pond shall include a fountain. d. This property shall be subject to the tree mitigation plan approved by the Planning and Zoning Commission on e. The tree preservation area, as shown on Exhibit "C", shall be designated as an easement on the final plat of the property. Ordinance 0-04-xxxx Page 5 of 7 6. LIGHTING a. The height of a light standard located on the property shall not exceed twenty (20) feet in overall height. 7. SIDEWALKS AND TRAILS a. The developer shall construct a 5-foot wide sidewalk adjacent to John McCain Road, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed at the time building improvements are constructed on the property. b. The developer of each lot shall construct a 5-foot wide sidewalk adjacent to Colleyville Boulevard, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed at the time building improvements are constructed on the property. 8. SIGNS a. All signs located on the property shall comply with the standards contained in Chapter 7 of the Land Development Code, except where modified in this ordinance. b. The developer shall construct an entry monument sign adjacent to the corner of John McCain Road and Colleyville Boulevard, as shown in Exhibit "C". The sign shall not exceed feet in height. 9. SPECIAL DEVELOPMENT CRITERIA RELATED TO AUTOMOTIVE-RELATED USES a. The columns of the gasoline canopy shall be constructed of masonry or stone material. b. Structures for automobile service uses shall be oriented in such a manner that the bay doors or garage doors do not face Colleyville Boulevard. C. Tires or other automotive-related merchandise shall not be stored or displayed outside of any building within the development. Sec. 3. Ordinance 0-04-xxxx Page 6 of 7 d. All automobile lubrication, maintenance and repair operations shall be conducted inside the building and with the bay doors in the down position. The doors may be raised to allow for vehicles to be moved in or out of the building. e. Automobiles being serviced or repaired shall not be parked or stored overnight outside of the building. 10. GENERAL DEVELOPMENT CRITERIA a. The architectural design score for all commercial buildings shall be a minimum of 30 points, as described in Chapter 6 of the Land Development Code. b. The exposed exterior walls of each building must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. c. Vending machines or ice machines shall not be placed or located on the outside of any building within the development. d. Propane supply tanks and related supplies, if any, shall be kept and maintained in an enclosure which is enclosed on at least three sides and constructed of the same material as the adjacent building. Said tanks and supplies shall be stored in conformance with related building, fire and related codes. e. All trash dumpster enclosures on the property shall be enclosed on at least three sides of at least seven (7) feet six (6) inches in height, constructed of the same materials as the primary buildings in the development. A gate, constructed of an opaque material, shall be placed on the front of the trash dumpster enclosure. f. The internal drive accessed from John McCain Road shall incorporate a bridge feature over the water between the two ponds, as shown in Exhibit "C". The driving surface of the bridge shall be arched. The rails on the sides of the bridge shall be constructed of ornamental metal, brick or stone. 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. Ordinance 0-04-xxxx Page 7 of 7 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 2004. day of The second reading and public hearing being conducted on the 2004. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney .~ TexaS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: August 23, 2004 G-03-029 - Amendment to the Tree Mitigation Plan on 15.10 acres located on the southwest corner of John McCain Road and Colleyville Boulevard STAFF COMMENTS On September 8, 2003, the Planning and Zoning Commission approved a Tree Mitigation Plan for a 15.10-acre parcel of property located at the southwest corner of John McCain Road and Colleyville Boulevard. The plan is a performance-based plan, subject to the issuance of building permits for targeted square footage of buildings. The plan was originally approved to cover the time period 2004 to 2007. The Tree Mitigation Plan was approved prior to the developer submitting the original zoning application on the property. The zoning change request was ultimately denied by the City Council. As a result, the target dates in the approved Tree Mitigation Plan cannot be satisfied. The developer has requested that the Tree Mitigation Plan be revised to coincide with the new zoning case submitted in August 2004. A copy of the revised plan is attached. The changes are noted through strikethrough and bold-underline text. A summary of the changes follows. 1. The developer of the project has been revised to reflect the current owner of the property. The name has changed from ServiceStar Property Advisors to Pecan Creek Village Center Partners LLC. 2. The calendar years in the development schedule have been changed to run from 2005 to 2008. 3. The acreage of the property has been revised to 15.10 acres. The Tree Mitigation Plan only requires approval by the Planning and Zoning Commission. If the zoning case is ultimately approved, the Tree Mitigation Plan will be submitted to the applicant for signature, and then signed by the City. A copy of the original Planning and Zoning Commission briefing regarding this case is attached for your reference. Agenda Item No.3 - Page 1 RECOMMENDATION Approval ATTACHMENTS . Amended Tree Mitigation Plan . Staff Briefing - September 8,2003 Prepared by: ~ Agenda Item No.3 - Page 2 City of Colleyville City/Developer Agreement for a Tree Mitigation Plan WHEREAS, Chapter 5 - Tree Preservation of the Colleyville Land Development Code establishes requirements for tree preservation, and WHEREAS, Chapter 1 - General Provisions of the Colleyville Land Development Code authorizes the Planning and Zoning Commission to approve a tree mitigation plan, and WHEREAS, Risk HerR, .^.ICP, prsje€lt maRa~er v:itA Pate ER~iReeFs, mpFeseRtiR~ ServissStar PrsPSWj ^€Ivisers, Pecan Creek Village Center Partners LLC, a company from Greenwood Village, Colorado, the prssp8stiv9 owner of approximately 15.10 acres of Tract 3A, A. J. Lott Survey, Abstract 903, located at the southwest corner of State Highway 26 and John McCain Road, has submitted a request for an appeal of the tree mitigation requirements contained in Chapter 5 of the Land Development Code, and WHEREAS, the Planning and Zoning Commission has authorized the Chairman of the Planning and Zoning Commission to enter into the following agreement between the City of Colleyville, Tarrant County, Texas, hereinafter called "City" and SmvieeStar PrepeRy ^€I'.'i&9FS Pecan Creek Village Center Partners LLC, hereinafter called "Developer" for tree mitigation. The parties hereto agree as follows: 1. The Developer and the City agree that the total number of caliper-inches eligible for mitigation according to this plan is 1,967 caliper-inches. The amount of tree mitigation applicable for each calendar year shall be performance-based on the issuance of building permits. The developer shall obtain building permits for a targeted square footage of building area. 2. Developer agrees to obtain building permits totaling 55,000 square feet of retail and office space on said 15 acre site and to develop said property in accordance with the development schedule contained in Table 1, below. Development shall include obtaining a building permits for the targeted square footage before the end of each calendar year, as shown in Table 1. 3. City agrees to apply an amount of tree mitigation each calendar year, provided the developer has satisfied the building permit requirements specified in this agreement. CitylDeveloper Agreement ServiceStar Development Company Tree Mitigation Plan Page 1 4. If the targeted square footage has not been met at the end of the year, the developer shall make payments into the Colleyville Tree Preservation Fund based on the following formula: Payment ($) = [(Targeted Square Footage - Actual Square Footage) I Targeted Square Footage] * 1,967 * $100 5. Developer and City agree, if a payment is required as described in Paragraph 4 above, building permits shall not be issued for the property until the required payments have been made. 6. Developer and City agree that if the targeted square footage has been met at the end of the year, no payments shall be required of the developer. 7. Developer and City agree, if the targeted square footage has been exceeded at the end of the year, the overage shall be applied to the following year, up to the total build-out of the project. 8. Developer and City agree, the tree mitigation plan for this property shall expire on December 31, 2008~. If the total targeted square footage for the project has not been met by this date, the penalty provision shall apply as referenced above. 9. If for any reason the ownership of the property should change prior to the expiration of this agreement, it is agreed that this plan will pass from this Developer to the next owner or developer and the City will require proper signatures of the new owner or developer agreeing to the terms of this Agreement. Table 1 Development Schedule and Tree Mitigation Applied End of Calendar Targeted Square Footage Tree Mitigation Applied Penalty Year ~ 2005 19,250 s.f. 689 caliper-inches ~ 2006 13,750 s.f. 492 caliper-inches ~ 2007 11,000 s.f. 393 caliper-inches see formula ~ 2008 11,000 s.f. 393 caliper-inches Totals 55,000 s.t. 1,967 caliper-inches City/Developer Agreement ServiceStar Development Company Tree Mitigation Plan Page 2 PECAN CREEK VILLAGE CENTER PARTNERS LLC SER'}ICESTAR DEVElOPMENTCOMP~NYLLC By: Name: Date CITY OF COLLEYVILLE, TEXAS By: Jeff \^Jall, Chairman Date Colleyville Planning and Zoning Commission Authorized by action So~teml;)er S, 299J Auqust 23.2004 City/Developer Agreement ServiceStar Development Company Tree Mitigation Plan Page 3 .~ rexaS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: September 8, 2003 G-03-029 - Tree Mitigation Request on 15 acres located on the southwest corner of John McCain Road and Colleyville Boulevard STAFF REVIEW COMMENTS: Rick Horn, AICP, project manager with Pate Engineers, has submitted a request for an appeal of the tree mitigation requirements contained in Chapter 5 of the Land Development Code. The property in question is 15 acres in size and is located at the southwest corner of John McCain Road and Colleyville Boulevard. The property is zoned CC2 Shopping Center Commercial, and the prospective owners intend to construct a retail shopping center on the property. The prospective owner is ServiceStar Property Advisors, a company from the Denver, Colorado area. The applicant is requesting approval of an alternate tree preservation plan for the property. Representatives from ServiceStar will attend the meeting and make a short presentation to the Commission. Chapter 5 of the Land Development Code establishes criteria for the preservation of trees on developing property. On commercial properties, trees that are located under the proposed building pads are exempt from replacement. Trees located under parking lots or other paved areas are not exempt from replacement. The Code requires that if a 3-caliper-inch or larger tree is removed, the owner is required to replace the tree on a caliper-inch basis. If the owner cannot physically replace an equivalent number of caliper-inches on site, the owner may pay money into the Colleyville Tree Preservation Fund or appeal the replacement requirement to the Planning and Zoning Commission. The applicant submitted a conceptual site plan for this property that includes a tree survey. The Development Review Committee (DRC) reviewed the conceptual site plan. The plan shows areas where buildings and parking lots would be constructed, areas where fill dirt will be added to build up pad sites, detention ponds, and tree preservation areas. In addition, a 1 OO-foot wide tree preservation zone is proposed at the rear of the property along the creek. A copy of the conceptual site plan is attached. The following are the assumptions the ORC used in developing the tree mitigation plan discussed in this briefing. 1. The total number of trees on the site is 1,015, accounting for 9,037 caliper- inches. 2. There are 184 trees that will be preserved on site, totaling 1,775 caliper-inches. These trees are included in the proposed tree preservation zone at the rear of the project. Agenda Item No.3 - Page 1 3. There are 530 trees totaling 4,995 caliper-inches that will be removed from under building pads and in utility easements, detention areas and fill zones. Trees under the building pads are already exempt from replacement provisions. The owner is requesting that the trees located in utility easements, detention areas and fill zones also be considered exempt from the replacement provisions of the ordinance. 4. As part of the landscaping on the lot, 100 new trees totaling 300 caliper-inches will be planted. 5. The developer is requesting that the remaining 201 trees totaling 1,967 caliper- inches be exempted from replacement. 6. There will be 284 trees on site at the completion of the project. The DRC recognizes that to develop this 15-acre site, a considerable amount of earthwork is necessary to create building sites and construct detention ponds. The proposed site plan is conceptual in nature, though substantial time and effort have been put into developing the current plan, as evidenced by the many meetings held with City staff on this project over the past two years. Since the property has not been platted and development is not imminent, the DRC proposes that the Planning and Zoning Commission consider a performance-based mitigation plan. Staff and the proposed owners desired to present a proposed plan to the Commission for consideration in order to have a starting point for discussion. Both staff and the proposed owners agree to the terms of the plan. The details of this plan are as follows. Tree MitiQation Plan 15-Acre Site at John McCain Road and Colleyville Boulevard A. Th e total number of caliper-inches eligible for mitigation is 1,967 caliper-inches. The amount of tree mitigation applicable for each calendar year shall be performance- based on the issuance of building permits. The developer shall obtain building permits for a targeted square footage of building area before the end of each calendar year, as shown in the following table. End of Calendar Year 2004 2005 2006 2007 Totals Penal see formula B. If the targeted square footage has not been met at the end of the year, the developer shall make payments into the Colleyville Tree Preservation Fund based on the following formula: Payment ($) = [(Targeted Square Footage - Actual Square Footage) I Targeted Square Footage] * 1,967 * $100 C. If a payment is required as described in Paragraph B above, building permits shall not be issued for the property until the requirement payments have been made. Agenda Item No.3 - Page 2 D. If the targeted square footage has been met at the end of the year, no payments shall be required of the developer. E. If the targeted square footage has been exceeded at the end of the year, the overage shall be applied to the following year, up to the total build-out of the project. F. The tree mitigation plan for this property shall expire on December 31, 2007. If the total targeted square footage for the project has not been met by this date, the penalty provision shall apply as referenced above. The percentages listed in the building area may be replaced with actual square footages based on the most current layout. The payment provision noted above generally calculates the percent difference in the targeted square footage and the actual square footage, and then applies that percentage to the total caliper-inches of trees eligible for mitigation. The $100 is the current penalty per caliper-inch for removing trees without permission (see Chapter 5 of the Land Development Code). This mitigation plan encourages the developer to construct more square footage of buildings early in the project to benefit from the applicable tree mitigation amount. It is intended that this mitigation plan will encourage economic development on the site while addressing the practical aspects of tree preservation. Without a tree mitigation plan, this heavily treed site will be very difficult and costly to develop. If the prospective owners were to pay money into the tree preservation fund based only on the 1,967 caliper-inches of trees proposed for exemption, the owners would have to pay approximately $218,000. If all trees on the site other than those under building pads or preserved were considered for payment, the total caliper-inches would be 5,833, resulting in a payment of over $647,000. The options available for the Commission in this case are: . Approved the tree mitigation plan as submitted. This action will approve the tree mitigation plan as proposed. . Approve the request in part. The Commission may modify portions of the plan, require additional tree planting or by payment into the Colleyville Tree Preservation Fund. . Deny the request. The owner would be required to plant replacement trees or make payments into the Colleyville Tree Preservation Fund based on current ordinances. According to City policy, payments into the Colleyville Tree Preservation Fund include the following costs: the value of the replacement trees, caliper-inch per caliper-inch, as estimated by a licensed nursery; the cost of irrigation for those trees; and a 15% administrative fee. In past cases, owners have paid approximately $111 per caliper- inch, but the actual amount will vary depending upon the estimate of the nursery. RECOMMENDATION Approval as submitted Agenda Item No.3 - Page 3 ATTACHMENTS · Letter from Pate Engineers · Conceptual site plan Prepared by: J. Clayton Husband, AICP Interim Community Development Manager Agenda Item No.3 - Page 4