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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-8/8/2005 AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, August 8, 2005 REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Commissioners Thomas Dolan, David Dudziak, Thomas Bartkowski, Jeff Byerly, Luann Edwards, John Blassingame and Denis Duffy INVOCATION Commissioner Blassingame PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES July 25, 2005 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS 1. Case P-05-029 - Preliminary plat for Preston Oaks Addition on 83.7 acres located at 6816 Murphy Road PUBLIC HEARING AGENDA ITEMS 2. Case Z-05-019 - PUBLIC HEARING - Amendment to Chapter 3, Land Use regulations of the Colleyville Land Development Code regarding movie theaters 3. Case P-05-024 - PUBLIC HEARING - Final Plat of Lot 1, Block 1, Colleyville Hibernia Addition being a replat of Lots 1, 2, and 3, Block 1, Andy Felps Addition on 2.18 acres, located at 3907 and 3913 Colleyville Boulevard TABLED ITEMS STAFF COMMENTS. REPORTS AND DISCUSSION ITEMS Planning and Zoning Commission Agenda -August 8, 2005 Page 1 of 2 COMMISSIONERS' COMMENTS AND REPORTS Amy Shel ey, Planning and Zoning Assistant Posted: Thursday, August 5,2005,5:00 p.m. Planning and Zoning Commission Agenda -August 8, 2005 Page 2 of 2 .~ l"ex.. PLANNING AND ZONING COMMISSION MEETING MINUTES - July 25, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE Present: Commissioners Dudziak, Thomas Bartkow Blassingame, Denis Du s Dolan, Dave ann Edwards, John Byerly. ROLL CALL Barry LeBaron, Ch . staff were presen INVOCATION APPROVAL OF MINUTES Commissioner Edwards moved to ap written. Commissioner Dudziak seconde The motion was approved Aye: Dolan, Dudziak, B Nay: None meeting minutes as N THE AGENDA REGU ~ 1. al pi Braemar Addition on 15.662 acres out of the y, AB tract 211 and the A.T. Young Survey, Abstract 1 Fry Lane Barry LeBaro case and briefed the Commissioners. Commissioner i questioned staff if the Engineering department has agreed to the draina plans by the applicant? Barry LeBaron replied yes. Commissioner Duffy questioned staff in regards to item 1 page 6 of the Development Review Comments received from the applicant, how does "dully noted" satisfy the submittal? Barry LeBaron replied the Engineering Department approved a waiver because the lots are so large, and the amount of run off was negligible, they felt it could be handled at the time building permits are issued by submitting a grading plan. Commissioner Duffy questioned staff in regards to if the downstream neighbors will not be affected by the drainage? Barry LeBaron replied what they submitted information on, the adjacent property, the Rockrimmon development, they have a drainage inlet and a storm drain that collects the run off even from this Planning & Zoning Commission Minutes - July 25, 2005 Page 1 of 5 property, and it was oversized so that it will be able to accommodate the water from this development. With that, the Engineering Department was satisfied that they would not have any problems. Commissioner Duffy questioned staff in regards to the minutes from tonight's meeting will satisfy any legal requirements that this Commission has reviewed the drainage plans and are satisfied that the downstream neighbors will not be affected? Barry LeBaron replied the Commission approves the plat an the code does provide the Engineering Department to review those and to appro aiver on the design. Commissioner Duffy questioned City Attorney Boyle if what the Commission approves will satisfy the requirement oownstream drainage? Attorney Boyle replied the staff has approved t omp' e the applicant has provided by the issuance of the waiver with ect to the . ance for drainage requirements. . Commissioner Duffy questioned staff in Review Comments received from the a . Barry LeBaron stated staff has notified the due at the time of permit. He st d Chris Ful to the fees that the develope to consi depending upon the size of the that is makes note that those items have ed. Commissioner Bias . applicant's attenti issues and sin correct, the d items that nee informational purp Co d S to issues brought to the at the plicant was aware of certain been resolved. Barry LeBaron replied 's separated in to two categories, those items that need to be provided for ment only. ned staff about the last sentence of paragraph 3 of the e 30 foot section of Fry Lane shall remain a private e future that the adjacent property develops and a su ecom available. What is the city's ability to be able to cont . ron replied our ability to control the adjacent property is when t t that time they would be dedicating 20 feet of right of way off of thei er to ad to this 30 feet. Then at that time, those property owners woul ive up the liability of those 30 feet for the city to have control. Commissioner y questioned staff in regards to Fry Lane not meeting city specifications? Barry LeBaron replied correct. Commissioner Duffy stated when the right of way is obtained on the adjacent property, which will pay to upgrade that street to city spec? Barry LeBaron replied at the time that property is platted we would have the opportunity to look to see if we could get that segment of the road updated to meet city standards. However, the note on the plat puts the responsibility for the maintenance of this roadway on the property owners. Commissioner Duffy questioned staff in regards to the future, who would be responsible for paying for the upgrading of that street to city standards? Barry Planning & Zoning Commission Minutes - July 25, 2005 Page 2 of 5 LeBaron replied the city would have to decide at that time whether or not they would want that street. The city council has already made a decision on accepting the street with the current upgrades. Commissioner Bartkowski questioned staff in regards to if the city is charging this developer Roadway Impact Fees? Barry LeBaron replied no we are not, when the city council agreed to the improvements that were made to Fry Lane that satisfied the roadway improvement requirements for this developm nt. Under the impact fees, you can not have those property owners improv street and then turn around and charge them Roadway Impact Fees. Commission Dudziak questioned staff if the prop Lane to a certain level and does the City have a maintain that street? Barry LeBaron replied standards on this street. Commissioner Duffy questioned staff . impassable and would restrict fire and e an assessment would have to be made at t Commissioner Byerly stated t property owners are to follow. Commissioner Bartkowski made Byerly seconded. The motion was a Aye: Dolan, B Nay: Dudzia have to maintain Fry . . make sure that they .' um maintenance t becomes on replied Commi uestioned staff if the city could make the adjacent property, the Sonic; mon access? Chris Fuller replied that being a condition for platting and ng. Commissioner a Iy opened the public hearing at 7:25 p.m. Von Husbands, the applicant, presented the case and briefed the Commissioners. Commissioner Duffy questioned Mr. Husbands in regards to having concerns with access and parking. Have you discussed with the adjacent property, Sonic, in regards to access to use their parking? Mr. Husbands replied not having approached the property owner for the Sonic property. As far as Highway 26, he stated having heard the State is going to lower Highway 26 in front of this property. Commissioner Dolan questioned Mr. Husbands in regards to how many parking Planning & Zoning Commission Minutes - July 25, 2005 Page 3of5 spaces do you propose to have? Mr. Husbands stated 20. Commissioner Dolan questioned how many spaces in front? Mr. Husbands replied 14. There being no one wishing to speak, the public hearing was closed at 7:29 p.m. Commissioner Byerly questioned staff in regards to how many parking spaces are required and do they meet those requirements? Chris Fuller responded 1 space per 3 seats or 1 space per 100 square feet which ever is greater. Barry LeBaron stated the applicant has worked with Eddie Edwards, Building . ial, in regards to the limiting the seating to be able to be compliant with the p space standards. Commissioner Edwards questioned if staff has he hing in regards to the empty Sonic property? Barry LeBaron replied no. Commissioner Bartkowski stated a successf more development for the empty adjacent p Commissioner Duffy made motion to ap Dolan seconded. The motion was approved by the following Aye: Dolan, Dudziak, Bartkow . dwards, B Nay: None estio' Chairman Byerly if staff is satisfied with the iginal request from R20 to R30? Chris Fuller replied staff applicant conceding to the change. Commissio de motion to approve case Z-05-021. Commissioner Blassingame S d. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None nge from AG to R30 on .815 TABLED AGENDA IT 3. Case Z-05- acres, loca Commissione Commissioner tabled item case Z-05-021. STAFF REPORTS None Planning & Zoning Commission Minutes - July 25, 2005 Page 4 0(5 COMMISSIONER COMMENTS Commissioner Duffy thanked staff for the video clips in the briefings. ADJOURNMENT The Commission adjourned the meeting at 7:35 p.m. by acclamation. Amy Shelley Planning and Zoning Assistant Approved on: ------------------- Respectfully Submitted, Planning & Zoning Commission Minutes - July 25, 2005 Page 5 of 5 .~ PLANNING & ZONING COMMISSION AGENDA BRIEFING "l'exas Meeting Date: I August 8, 2005 I Prepared by: I Chris Fuller Development Coordinator Subject: I P-05-029 - Preliminary plat for Preston Oaks Addition on 83.7 I acres located at 6816 Murphy Road STAFF REVIEW COMMENTS Boone Engineering is the applicant for an 83.7 -acre proposed subdivision located on the north side of Murphy Road, east of Precinct Line Road. The developer has submitted a Preliminary Plat to divide the property into 149 single-family residential lots and fourteen open space lots. Zoning. The proposed development is located in a PUD-R (0-99-1153) zoning district. The proposed lots meet the dimensional standards per the zoning ordinance. Right-of-Way Dedication. Murphy Road is classified as a Local roadway on the Master Thoroughfare Plan, which requires an ultimate right-of-way width of 50 feet. The developer is dedicating approximately 50 feet of right-of-way along Murphy Road throughout the development in order to provide the required right-of-way dedication. Sidewalks and Trails. The applicant has provided a 10-foot east/west trail along the northern portion of this development and a 10-foot north/south through the central portion of this development as required by the Land Development Code. The north/south trail has been incorporated into the open space Lot I (Mary Lynne's Park). Sidewalks are required along all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide, and the developer is required to construct the trail system as part of the public improvements for this property. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since Murphy Road is considered an unimproved street and the plat contains more than one residential lot. The owner is required to construct one- half of the streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. The applicant has indicated that Murphy Road will be paved to the full width and will include connections that will permit the adjacent out-parcel property owners to access Murphy Road. The applicant has acknowledged and agreed to the roadway improvements for Murphy Road from Herbert Street to the western portion of this development per the Traffic Impact Analysis (TIA). Two access easements have been provided for this development. A public access easement is located at the northeast corner of the development. The public access Agenda Item No.1 - Page 1 easement will provide a second entrance from this development to Bandit Trail. An access easement is located along the southwest portion of the development. This access easement will not service the proposed development, but will provide access to Murphy Road for the adjacent property owners. Drainage Improvements. The applicant has submitted a Drainage Plan that has been reviewed and accepted by the Engineering Department. Construction plans for the drainage improvements will be included with the submittal of the final plat. Impact Fees. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per residential lot. The fee must be paid before the plat is recorded with the County Clerk's Office. Tree Survey. The applicant has submitted an exhibit that satisfies the tree survey requirements of the Land Development Code. Based on the tree survey, the Planning and Zoning Commission may consider an alternate lot configuration to mitigate the extent of tree removal and that will preserve more trees. The following information is taken from Chapter 5, Tree Preservation, of the Land Development Code: The Planning and Zoning Commission may evaluate whether an alternate street layout and grading plan which complies with all City subdivision standards would result in substantially greater tree preservation. In the event such an alternate layout is determined by the Commission to be a reasonable use of the land then the applicant may substitute said alternative plan without being required to submit a new Preliminary Plat application. If, however, the applicant does not substitute said alternate layout or another acceptable plat to the Commission, failure of the applicant to do so shall be a basis for denial of the applicant's application. Tree Replacement. The applicant indicates on the plat that 1,192 caliper inches of trees will be replaced on designated open space lots. In a letter submitted by the applicant in response to the Development Review Committee comments, the applicant indicates that 35 lots will be deed restricted to require 24 caliper inches of trees on each lot. Agenda Item No.1 - Page 2 SUMMARY The applicant has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: August 8, 2005 City Council: August 16, 2005 RECOMMENDATION Approval, subject to recommendations proposed by the Planning and Zoning Commission. ATTACHMENTS · Zoning and Location Map · Development Review Committee Memo · Applicant's Response · Plat Agenda Item No.1 - Page 3 Zoning and Location Map D NORTH Agenda Item No.1 - Page 4 Development Review Committee Memo (1) DATE June 27,2005 TO JOHN BOONE FAX NO 972-381-0952 FROM Chris Fuller, Development Coordinator SUBJEC P-05-029 - Preliminary Plat - Preston Oaks Addition T The Colleyville Development Review Committee (ORC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. The property owner is required to sign the plat application, in lieu of this requirement, submit a letter of consent, signed by the property owner, permitting the applicant to represent the property owner. 2. Traffic Impact Analysis - Submit a traffic impact analysis for this property. Section 9.18 of the Land Development Code states that when a proposed subdivision plat is estimated to generate more than 1,000 vehicle trips per day, a traffic impact analysis shall be required with the earliest submittal of a plat application. 3. Tree Survey - The aerial photo submitted as the tree survey indicates significant potential impact to areas containing major stands of existing trees. Based on the tree survey, the applicant should consider an alternate lot configuration to mitigate the extent of tree removal and that will preserve more trees. The following information is taken from Chapter 5, Tree Preservation, of the Land Development Code: The Planning and Zoning Commission may evaluate whether an alternate street layout and grading plan which complies with all City subdivision standards would result in substantially greater tree preservation. In the event such an alternate layout is determined by the Commission to be a reasonable use of the land then the applicant may substitute said alternative plan without being required to submit a new Preliminary Plat application. If, however, the applicant does not substitute said alternate Agenda Item No.1 - Page 5 layout or another acceptable plat to the Commission, failure of the applicant to do so shall be a basis for denial of the applicant's application 4. Provide a Tree Replacement Plan - Where trees are proposed for removal, the subdivider shall submit a tree replacement plan. The tree replacement plan shall be in accordance with Chapter 5 - Tree Preservation of this Land Development Code. Contact Chris Fuller, Development Coordinator, 817.503.1054 for more information. 5. Provide Drainage Easements to accommodate proposed storm sewer lines located within the development. Contact Robert Woods, Development Review Engineer, 817.503.1094 for more information. 6. Provide a public utility easement with a minimum width of 15' to accommodate water main stub out to Precinct Line Road. Contact Robert Woods, Development Review Engineer, 817.503.1094 for more information 7. How will the roadway easement for the connector street to Bandit Trail be handled? Contact Robert Woods, Development Review Engineer, 817.503.1094 for more information. 8. What will the narrow strip of land (+/-434' by +/-34') located along the southwest portion of the development are used for? Contact Robert Woods, Development Review Engineer, 817.503.1094 for more information. 9. Developed Drainage Area Map shows a storm sewer pipe running along the westerly property line of Lot 8, Block D however; no easement is shown to accommodate this proposed storm sewer line. Contact Robert Woods, Development Review Engineer, 817.503.1094 for more information. 1 O.Add a note on the plat document indicating the open space lots will be HOA maintained. 11. Label the open space lot on the north side of Palmeiro Street, between Lot 22, Block H and Lot 12, Block D. 12. The existing street name "Murphy Street" should extend through this development. As shown, there are two names for the same street: Murphy Road and Patrick Lane. 13. Provide alternate street names. Street names must be reviewed and approved by city staff prior to plat approval. The following street names duplicate or are similar to existing street names: . Camden Drive Agenda Item No.1 - Page 6 . Sophie Drive . Mary Lynne Drive 14. The street connecting Palmeiro Street to Bandit Trail must be platted as a public street. A minimum of 50-feet of right of way is required and the street must be named. Contact Jeff Jones, Fire Marshall, 817.488.6277, for additional information 15. Where does Palmeiro Street and Delane's Court start and stop? Contact Jeff Jones, Fire Marshall, 817.488.6277, for additional information. 16. Where does Brodie Court start and stop? Contact Jeff Jones, Fire Marshall, 817.488.6277, for additional information. 17. Patrick Lane narrows at Lot 18, Block E. Provide 50-feet of rig ht of way. Contact Jeff Jones, Fire Marshall, 817.488.6277, for additional information. 18. Designate trail right-of-way dedication or a public access easement of sufficient width to accommodate the trails system sidewalk. Contact Monica Walsh, Parks and Recreation Director, 817.503.1182, for more information. 19.1s Tomika Trail tied into the trail next to Bagwell's subdivision? Contact Monica Walsh, Parks and Recreation Director, 817.503.1182, for more information. 20. Will Tomika Trail tie into the future trail on Precinct Line? Contact Monica Walsh, Parks and Recreation Director, 817.503.1182, for more information. 21. Provide documentation of roadway easement to Bandit Trail and the construction standards. 22. Provide a street name on the plat for the roadway easement connecting to Bandit Trail. 23. Will this subdivision be developed in phases? If so, indicate phases on plat and provide development plan to staff. 24. Staff recommends the 10-foot north/south trail required along the eastern portion of this development be constructed through the Palmeiro Park open space lot. 25. Indicate the limits of the 100 year flood plain on the plat. In The Response Letter, Acknowledge the Following Information: 1. Provide the number of lots in the title block. This is a request, not a requirement. 2. Delinquent taxes must be paid prior to the filing of the final plat. This requirement is not applicable to the preliminary plat. Agenda Item No.1 - Page 7 OTHER INFORMATION PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon approval of the final plat. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Murphy Road is considered an unimproved street and the plat contains more than one residential lot. The owner is required to construct one- half of the streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. Contact Robert Woods, 817.503.1094, for more information IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER SIDEWALKS AND TRAILS. The Land Development Code requires a 10-foot east/west trail along the northern portion of this development and a 10-foot north/south trail along the eastern portion of this development. Sidewalks are required along all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide, and the developer is required to construct the trail system as part of the public improvements for this property . Agenda Item No.1 - Page 8 Applicant's Response (1) a-. hP-.~.en~._. July 19. 2005 City of OOI~tt4 C~D~pment~ 100 Mmn Street C<"J1eyvt.kt. Texas 10034 AUn: Chris Fuler. Re: P-05-029 - DfNe~r t .t Addition to Development Review comments dated June 27.2605 O~GI'Mt,FuI.r: Tl'Bletter ~~ our r~~J of the prildil11lnary plat and aS$OdaMd ~ments in <:zonn~Ikm.wIh the ~ ~ project Our J'e$pOO$$$ to the var~ eos~b ""0 by your ~nlmnnb$r are .. fol~: 1. Tb&property ~.ii$'~Ujr"tosigntheplat~", It __tw _homing .JDhnBtJone~P,S, to..t 8sthe OuwlW"sRrrpF€:sentatMJ is indtJded intblti submIlal, TmMe impact Anaty&i$... It tmfik.impact amtSy$is is irroltJded it? till$: stlbmitml. 3. Tree ~r." OUI" IetJd .,."wa3 .~. h<<di')g twoarleda pttramount;the pJNJ~f m~ the S",** of 1It~~ ..storm wal..rrmoIf~. tmd ,1m Plan must ~. the impsct80n nes .~. that .~. lots are far .~ ~f!Jtllan ~f)~$. We .pIaf)mJd ~t$ and lots ~. that minilrmt gmdq would btJ requimdin the r:rtUJuon of pad $~ f<>r th€t (nds1Iidual home$., ~ the ifnpI.Jol8 on mol systems .of tnMsOf.JtskJe tIle pCKJdes, 4.. Provide. Tree R~..,t Plan... r,.. ~pmenf wIJ 11ft dfJed.~ad.fO.C91 b'tM..pla~ of 24 mJI1ipet in on fJ-I(Jh #Qt. m. ~kingtf&tls. Since the1rJ am the ~oftrN ~e~cov<<ed I$$tdctbf)sS .1J4IJ..~j~ In addRkm. it ($ our intent fo ~ f~ ~~ oppanumlies (afire hOfflQ bulders in tmJ. X IOfB. Upon apprOVti'JI of thiri ~ch. W$ will have (J'tJf' Agenda Item No. 1- Page 9 ~ (Jnm~~i~ ,.,..m.mcpportf)n~ W~ttbeX Iota 5. ~~. ~to accommod$t.pro~", ~.Iin_..< w. hswaddfM:J the_ormNWW~_l'fMIWst_ 6. Provide a publicu_r ~twlh a.minill\Um wldllof 1Sa to 8OtO~ water main stub..out.. Precinct ...... Road... w. ,.. ~ ".$UM ~nI8u.rorWB.r.l/m!t.fI;dM$Ion to PAfCincl l..ineRMd and htlw NV~tMutIIty smflmIJtk It) IJhow our propmN;td construction of both slubs. 1. How win t.. roadway ..emem:for 1.he ~ne~$t~et to bandit Trail be ~t... We have ~.tm_~from..AfI: GImOt'$It...~..~dttwJpropwty, 10 eIow ".e~sioodthis ~ nQfl'do.ndJt Trail.. $. Whet wiI.... narrow-POf~beated alonO.....I'O~t ~ of the ~_ be uaed for?... This .., Will be delJigftlffed 14S. _ .~e_ eaament". 9. ~ Dr.~eArea"'p$h~a~_..m$$Werpipe 'UMing..~.tne ~lyline of L.ot 8... An tHlsenmnt has b"n~toac<)ommoda. thil/# pipe. 10, Add a noItl on the ~ indiealngthat the open $paoos wiD bl) HOA maintained.. . This note ha$be~n added. t 1, label the ~.n .~_liQt Qrl the north~td:eofPalmeiro Street... T,* aree hatfl bosn ~bts'ed. 12. The ex~ $troC name ."Murphy"should~~h 1hi$ d~lopmenL. w. ~ and the name .PtArldt' has bftJsn~(Jved. 13. ProWde alernate .met mlme$... ThtJ cb)<<;tkmable nama$.. CflmdfNI, Sophie, ancl Mary Lynne have been ChMg<<t. 14. The..t o:mnedmg Pal~oSt...t toS8ndlt Tra~' mu,ttbepla'''d M a pubic $treeL. W. hSVI11:iYJeI.If'fJd a!J()' ~Wdfl e~Mt from Ihe.norll, line. of ourprcJeclto Bandit TraN in l'.idJ we Intend'" bu'd a_teet k> City of Cmlft)'Vitl& .ndards. A copy of thfl! easement ~fJompame$ the. Te$ubmllfat. The stffJ.fJ1t n~ Is MOwn on the resu~ted pJm. 15. V1Jbere do~& Pameiro Street and O.laoo~sCourt atart.,o stop?... ~.. s~t~ Die nown~~tM Rosel andROlfJ.~.RoanoJ<f:J 8lart$ at t/,e $OU.1h lin@ of Pre_on tmd ends st the tJOuth line of Pm<<on. 15. \~fl! dG(llS BrOdie Co~rt s.tafta.oo stop?, Agenda Item No.1 - Page 10 .~~-~...,--,---_........----~--~ This street ill now (lamed Lilian LtulG. It slatfB and stops at the south line of Murphy RomI. 11, Patrick ..... (Murphy narrows at lot 18. 8Iodt E." It ~$. ittdtIed. m;rm)W" a we htwe ~ lbegaometry to ~ SO /'est of light4~y. 18, ~~_ tral rigbt-of.way dtdcation or a pubicaooess easement of 8\lfftckmt l/iidlb to accommodate u-. ,,81& syakm\ 1itdewalk... We have ., ~ & 20' width InU1 fJIong Ihtl nod.h tine to acc:ommooat6 tIle trafJs system sidewalk.. 19. . Torrika Ttd~intO"~"xt to We....~:m of~..$bI.~eXf mqwsted by the atl'ofOdilplle. 20. Will Tomibl Trailu inmthe. tutureTral onPreeinct UM1". . Ourpropetty ~ IlOledjoin p~ l.ke so. we Sfe. (I~ to answwthis quel1lkm, '$ 8\lbdi\tision7 Ir8iJ 10 our ~t Bne BS 21. Provide docume~on of tOedway easement to bandit TraiL.. A oopy of lhi8 ~..nt is lflt':lt1Md in this resubmittm. 22. Provk'.S$ ~ t$eet name OR thQ pial for the for'" roadway easement oooned'n to Bandit Trail... W. lutfla atk:It:KJ the name. 23. Will thi$ ~bn b$.dmvefoped in pbales? No, aN of the improvement:8w11.b6. O()rt$tmt;f$d in one poose. 24. Sta'- .~ the nort.....SOUIl traI WfI ~ tmd plan to .btJId the.~ 10 Park .... .25, l~ the limits of the100~.f flood... No flood _in I1.fffM;UJ this pt'Of)Srty. ..ong thfl ..tem portion.". t~lhf) large P~ifO ~ have MJdedthe oomber of 1018 to tllQ tlt/l;? bIoc.k;. .8t1d the o'm(Jr((.ndm'Nl~nd$ ll18ts" dfftt/lnquent t8xes muNl.Oe ptlJd prior to fiIinfJ 01 the fiaal pMt. W. ha'il9 .<<ldl'Nsed .t1Icomme.ntt Itt.s~ $~by R.o.be1t Wood$. P,E. ()f IKt Cily o.f CallfJ#...~1'ing Deapnm(lftl, e. P.E. t Boon~ Engineering Company ( IF: Agenda Item No.1 - Page 11 -^'~"""---'_"~'-'-_"'.''''''~''_~_'''''''_''C<... Development Review Committee Memo (2) DATE July 22, 2005 TO JOHN BOONE FAX NO 972-381-0952 FROM Chris Fuller, Development Coordinator SUBJEC P-05-029 - Preliminary Plat - Preston Oaks Addition T The Colleyville Development Review Committee (ORC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide indication on the plat that the private easement to Bandit Trail will be dedicated as a public access easement as a separate instrument. The plat drawing should provide space to indicated the volume and page recording information. The access easement is currently shown as a roadway easement, which is a private easement and not a public easement. 2. The Traffic Impact Analysis (TIA) should require improvement of Murphy Road constructed to city standards from the western portion of the development to Herbert Road to a minimum width of 30-feet. 3. Clarify the plans for paving both sides of Murphy Street in front of the unplatted adjacent properties. 4. The developer should quantify the tree replacement plans proposed for the lots marked "X". It is unclear what "tree replacement opportunities" will be utilized for tree replacement as stated in Development Review Committee response letter. Agenda Item No.1 - Page 12 Applicant's Response (2) AugUR 2. 2005 C~tyof C~ COmmunity ~t Department 100 M$in SfRMt CQleyvile. Texas 76034 Attn: Chris Fuler. O~topment COOrdinfiltor ~: p..05-Q29 -~8ty Plat -Pt'_ton Oak$ ~~ t:)eye~RuponB to Devetopmcmt~ eamrmmts dated Juty 22. 2005 [)Gar ~k.Fuler: Thi$ letter ac;;eom~.$ our ruubmi1tal of th$ pnl'aBiminafy ~t and Mtiociated doc;;u~ in ~ With d1e aOOve.C8~ 0Ut..~~ to the variOus oo~ bled by ~ comment nUif'llberam t~: 1 Pn."Hid~ moation that the pfNa~~ea$e~ to. Bandit Tnd.....li.l.oo dtifdi~ _ a ~.accH8eM6n"mL. ThifJ not~has beenflddOOlo the .pm.t. 2. TraffiC;lmpad An.alysis should require impr'('.Nemem oft.\turphy Road..<< 11teownertmd ~.~by$~ that Murphy Road wll be impItJYffJd It> aty .~ fl'f)If1 .uw.. ~ podiOn o.f th. d~ to HerbrHt Rt::sd 10 a mlnitl'wm width of 30. mm. 3, a..ify the pJaRS fot ~ both $ides of Murphy Str~ in front of tbe unplatl0d ad~ pJ,opediH.... We have iKJded 8 note .th8l.Murphy\cwl .1Je ps.vea fWi WIdth andtbfJt dttve lte8def$ wiN ~ p9tt00 ~9 the 8dj~t OUfpereel ~ to Bct>>ssthe <<did.. 4. ThedeVefoper .shmJ.~ quantify the treereptacemoot plans proposed for the tots f'f'mwkmd "X"'.<<. We h~ve tKtdede ttsb1eli$llng file calip$f' ~s of trees th_call be .repfsced Mille vttJ'k)Wi X lot$; ~tg1192 caliper inch~s.of tree feplaf;ement oPI>OttunitJes* $1Ileeder}. In 8'ddltkHl..thiS devmopment wi1Ibe deed l"fJ'3trict.ed w cal.for thtiJ planJing of 24 calJp8r ~ol tJe$/mbllfl tr~ Oil Mdt tot that . J)TNently .eking tnk&s. Agenda Item No.1 - Page 13 SirIce IhMJ &Ie about 351ot8 ~~r<<Iby'" fe. --_._--''''.,.._.,.....__..",._-,-"-~",,..--.--.- total ~ imJn.8 of lree ~/~ Agenda Item No.1 - Page 14 Plat - ~"PViT p DllffEU,l. Ki\ll:fSl . tb.lIiIi AI<<lfiTld!lltL.~~.~~iIS N"DtIii ~CFo:JaEAUUf.,tN!l\il.Ht'~. 'tt.W Agenda Item No.1 - Page 15 city or cc8n~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: August 8, 2005 I Prepared by: I Barry LeBaron Development Director Z~05-019 - PUBLIC HEARING - Amendment to Chapter 3, Land Subject: Use regulations of the Colleyville Land Development Code regarding movie theaters STAFF REVIEW COMMENTS City of Colleyville Economic Development staff is currently working with a prospect to bring a movie theater to the Town Center Colleyville development, located in the 5400 block of Colleyville Boulevard. During the ongoing discussions with the business prospect, it has been determined that the current zoning regulations, which limits the maximum size of a movie theater to 27,500 square feet and the maximum number of screens to six, may pose a potential obstacle for securing the new business for Colleyville. Staff is recommending an amendment to the zoning regulations for movie theaters by increasing the maximum size of a movie theater to 28,500 square feet and to allow two executive sized viewing rooms in addition to the six primary viewing screens. The proposed amendment will limit the size of an executive viewing room to a maximum of fifty seats. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: August 8, 2005 City Council: August 16 and September 6,2005 RECOMMENDATION Approval ATTACHMENTS . Proposed Ordinance 0-05-1538 Agenda Item No.2 - Page 1 ORDINANCE 0-05-1538 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING SECTION 3.24.B, PARAGRAPH 2.J, OF THE LAND DEVELOPMENT CODE, REGARDING MAXIMUM BUILDING SIZE AND MAXIMUM NUMBER OF SCREENS ALLOWED AT A MOVIE THEATER; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning regulation; and WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding Planned Unit Development regulations; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the zoning regulations to the City Council; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning regulations, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the persons interested, the governing body of the City of Colleyville is of the opinion that said change in zoning regulation should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 3.24.8 - Symbols Used Table of Permitted Uses; Paragraph 2.j, of the Land Development Code, is hereby amended to read as shown: ^",,_~,~,,~,,_~_~_,,'~'"'...._,,"'-"M_'_.~"~ Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-05-1538 Page 2 of 3 j. Movie Theater Uses: A movie theater shall not contain more than six primary projection screens and two secondary executive viewing rooms and shall not exceed 28,500 square feet in total building size. For purpose of this regulation, a secondary executive viewing room shall not exceed a maximum of fifty (50) seats. THAT Ordinance 0-00-1214 adopting the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT this ordinance shall take effect immediately from and after its passage. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Ordinance 0-05-1538 Page 3 of 3 Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM Matthew C. G. Boyle City Attorney .. ~--,-_..._~-------~-,..._--^ .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Subject: I August 8, 2005 I Prepared by: I Chris Fuller I I Development Coordinator I P-05-024 - Public Hearing - Final Plat of Lot 1, Block 1, I Colleyville Hibernia Addition being a replat of Lots 1, 2, and 3, I Block 1, Andy Felps Addition on 2.18 acres, located at 3907 and I 3913 Colleyville Boulevard i Meeting Date: STAFF REVIEW COMMENTS Hibernia National Bank has submitted a replat for 2.18-acres located at 3907 and 3913 Colleyville Boulevard. The plat will combine Lots 1, 2, and 3, Block 1, Andy Felps Addition into Lot 1, Block 1, Colleyville Hibernia Addition. The applicant has submitted the replat for review and consideration by the Planning and Zoning Commission. The property currently contains an existing abandoned gasoline service station and car wash. These old structures will be demolished to make way for a new bank facility proposed for this location. Zoning. The proposed plat area is located within the CC3 Highway Commercial District zoning district. The CC3 zoning designation requires a minimum lot size of 10,000 square feet, a minimum lot depth of 120 feet and a minimum lot width of 150 feet. The proposed plat meets the development criteria as stated within the Land Development Code. Sidewalks and Trails. The Land Development Code requires sidewalks along all streets. The sidewalk along Colleyville Boulevard must be at least 5-feet wide. This property is subject to the provisions of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Cheek Sparger Road. The Pathways Plan requires a 10-foot wide trail along Cheek Sparger Road. The applicant will provide a cash escrow for the 5-foot wide sidewalk along Colleyville Boulevard and the 10-foot wide trail along Cheek Sparger Road in lieu of actual construction as the future improvements to Colleyville Boulevard will likely require replacement of the sidewalks. The plat shows a public access easement adjacent to Cheek Sparger Road to accommodate the future trail improvements. Right of Way. The applicant has dedicated the requisite required right of way adjacent to State Highway 26 per the Land Development Code and Master Thoroughfare Plan. No additional right-of-way is required for Cheek Sparger Road. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since Cheek Sparger Road is considered an unimproved street. The developer will provide an equivalent amount of cash escrow for future Agenda Item No.3 - Page 1 improvement by the City. Colleyville Boulevard is a state highway that does not require perimeter street improvements. Parkland Dedication. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. The fee only applies to the newly created lots and must be paid before the plat is recorded with the County Clerk's Office. SUMMARY The developer has addressed all Development Review Committee comments. Since this final plat contains less than five lots, only the approval of the Planning and Zoning Commission is required. The proposed development appears to satisfy the platting standards contained in the Land Development Code. This replat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. RECOMMENDATION Approval ATTACHMENTS · Location Map · Development Review Committee Memo · Plat Agenda Item No.3 - Page 2 Location Map Agenda Item No.3 - Page 3 Development Review Committee Memo DATE June 13, 2005 TO Joe Riccardi FAX NO 972.335.3779 FROM Chris Fuller, Development Coordinator SUBJECT P-05-024 Hibernia Addition -- Replat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Remove the City Council signature block. This item only requires approval by the Planning & Zoning Commission. 2. Add a notation that existing structures will be removed. 3. Provide additional street right-of-way dedication or a public access easement of sufficient width to accommodate the trails system sidewalk. The Pathways Plan requires a 1 O-foot wide trail along Cheek Sparger Road. 4. Show the right of way dedication for Cheek Sparger and Colleyville Boulevard. Contact Robert Woods, Engineering Department, 817.503.1094, for more information. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Cheek Sparger Road is considered an unimproved street. The developer is required to make actual improvement to the street or, at the option of the City of Colleyville, provide an equivalent amount of cash escrow for future improvement by the City. Perimeter street improvements must be paid prior to my/ars being filed. Contact Robert Woods, Engineering Department, 817.503.1094, for more information. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. Agenda Item No.3 - Page 4 ROADWAY Roadway impact fees are based on land uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. The fee must be paid before the plat is recorded with the County Clerks Office. SIDEWALKS AND TRAILS. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Cheek Sparger Road. The Pathways Plan requires a 10-foot wide trail along Cheek Sparger Road. The developer is required to construct the trail as part of the improvements for this property. The Land Development Code requires construction of a sidewalk along Colleyville Boulevard. The sidewalk is required to be 5-feet wide. The sidewalk must be constructed at the time building improvements are made to this property. The Colleyville Engineering Department may consider a cash escrow for the 5-foot sidewalk along Colleyville Boulevard in lieu of actual construction. Contact Robert Woods, Engineering Department, 817.503.1094, for more information. PUBLIC WORKS IMPROVEMENTS. The City of Colleyville Engineering Department will provide construction plans comments for public works improvements separately. Please coordinate directly with Engineering Department staff regarding construction plans comments, 817.503.1091. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, June 27, 2005, 7:00 p.m. Not Required Please submit the following to our offices: · 12 folded copies of the revised exhibit · One 8%" x 11" reduced copy of the revised exhibit · A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived. The above requested items must be submitted no later than noon on Wednesday, June 22, 2005 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me atfullerc@cLcolleyville.tx.us or 817.503.1054 if you have any questions. Agenda Item No.3 - Page 5 Plat i,' I I \ · ., li'l 1\ ~jl U\ \ t\ · i ! I l. ;I( I,~, t\ \ Agenda Item No.3 - Page 6