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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-1/9/2006 Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, January 9,2006 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE ISSUES REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. CALL TO ORDER ROLL CALL Commissioners Robert McCormick, David Dudziak, Thomas Bartkowski, Jeff Byerly, Mary Taylor, John Blassingame and Denis Duffy INVOCATION Commissioner Bartkowski PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES December 12, 2005 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS 1. Consider appointments of Planning and Zoning Commissioners to the Park Land Dedication Committee PUBLIC HEARING AGENDA ITEMS 2. Case Z-06-001 - PUBLIC HEARING - Request for a zoning change from CC1 Village Retail and AG Agricultural to PUD-R Planned Unit Development Residential on 22.9 acres out of the G. Minter Survey located northwest of Heritage Avenue and Glade Road Planning and Zoning Commission Agenda -January 9, 2006 Page 1 of 2 3. Case G-06-001 - PUBLIC HEARING - Amendment to the Land Development Code to add Chapter 3.1, Oil and Gas Drilling Regulations 4. Case G-06-002 - PUBLIC HEARING - Amendment to Chapter 8-Plat Review Procedures of the Land Development Code TABLED ITEMS 5. Case Z-05-035- Request for a zoning change from AG Agricultural and CN Neighborhood Commercial to PUD-C Planned Unit Development Commercial on 4.0 acres located at 3798 and 3800 Glade Road STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Amy Shelley, Planning and Zoning Assistant Posted: Thursday, January 5, 2006 by 4:30 p.m. Planning and Zoning Commission Agenda -January 9, 2006 Page 20f2 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - December 12, 2005 '<, PUBLlC~' 1. Cas 1 of the Chris Fuller prese Commissioner Byerly Dennis Newgren, the Commissioners. There being no one wishing to speak, the public hearing closed at 7:11 p.m. Commissioner Duffy made motion to approve case P-05-042. Commissioner Taylor seconded. Chairman Byerly called the meeti 0 order at 7:00 p.m. CALL TO ORDER ROLL CALL Dave John Chad INVOCATION ',' sioner PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Duffy moved to approv written. Commissioner BI~ ',.. me seco The motion was appro Aye: McCormick, D . Nay: None . meeting minutes as TEMS LIC HEARING - Replat on 4.62 acres on Lot 1, Block 'Ion located at 200 John McCain Road ase and briefed the Commissioners. ened the public hearing at 7: 1 0 p.m. applicant, came forth to present the request and brief the The motion was approved by the following vote: Planning & Zoning Commission Minutes - December 12, 2005 Page 1of9 Aye: McCormick, Dudziak, Taylor, Blassingame, Duffy, Byerly Nay: Bartkowski 2. Case Z-05-034 - PUBLIC HEARING - A request by Realty Capital Corporation to amend the zoning and development requirements of the Planned Unit Development for the Village at Colleyville Addition, located at Main Street and Pleasant Run Road '. sity but retaining the er will discuss in s been capped the 300 unit ~.ordinance Barry LeBaron presented the case and briefed the Commi Commissioner Byerly questioned staff regarding incre 20% limitation on ground floor residences? Barry their presentation. He replied correct, the 20% on square footage. Commissioner Byerly que limit include the new area "C" that is being that is written would retain the 300 cap, all .' Commissioner Byerly opened the public hearin Richard Myers, President of Re . Capital, request and briefed the Commissi Henry Miller, Chairman of HSM Urb the rezoning request and briefed the '<":.;+' ~, Commissioner Taylor d Mr. Mf'~ visible frontage on levard replied having s orks fo" , as well having /' works. Commissioner Mc rs if using a bridge or a walk over Colleyv' levar consl . e able to utilize the parking or areas in the ace n? Mr. Myers stated wanting the area to be pedestrian fri and stat '" re ment of Thompson Terrace will help with access to the and they are" . 'ted '. that something may happen with that area. Mr. Miller anting the cro g to .' fe for pedestrians but anything built over Colleyville ", "would be too tlyan' not utilized. " ~ Commis.:~..~f Taylor q ioned Mr. Myers regarding if a parking garage would be an option? Mr:~'~rs re 0 parking garages are being considered with this proposal. ~;:;;~~;:>. .::~ Commissioner :l:~:~~~~L uestioned what percentages of the buildings in the Village are occupied? Mr. My.l~ stated the buildings, that they own, are 100% occupied. There are about 7,000 or 8,000 square feet of retail space available. He stated Luxor has tripled the size of their space. Certain retailers have already expanded despite the lack of synergy. Commissioner Dudziak stated and questioned, in the beginning of the Village project, the retail was to be planned first, but the retail will be planned second? Mr. Miller replied no, the retail and residential are to be built at the same time; all of the ground floor of the property to be rezoned tonight is retail. Commissioner Dudziak questioned presented the rezoning d consultants, presented mis ",,.;<,,,""'>I'~ : ng:;~.lans are in place to provide ~.,. ".;X' "e Village at Colleyville project? Mr, Miller visibility of the Village. Mr. Myers replied Planning & Zoning Commission Minutes - December 12, 2005 Page 2of9 Mr. Miller if the buildings will be built regardless if there is a tenant? Mr. Miller stated working on getting the tenants at the same time. For financial purposes, there needs to be about 40 to 50 percent pre-leased. Commissioner Bartkowski questioned Mr. Myers regarding what is the rational behind the different requests? Mr. Myers replied putting more residential spaces on the properties; the original zoning allows for 300 units, but we are asking for 270, but by adding the McNosky residence, that would add 30 more r . ts. As investments, the institutional investment companies want to see the mi e. They want to see upscale residential over retail and more density in specif to be able to appeal to the financial markets and it will make a better looking . Commissioner Dudziak questioned Mr. Myer throughout the whole project? Mr. Myers state to increase the density to be able to build Village, the more downtown area, would outer areas would be more residential in nat Dee McNosky, 5 rezoned ,inJhis req spok~.'" be re.. .-;$;: ' Ri ,H . Brown, :;Ii> Sh ~ ed behind hl~(~i~ . me. prd Kather be cons wanted the for at ~ :0 There being no' v:.._~!$~ 'ing to speak, the public hearing was closed at 8:10 p.m. Commissioner DJwY made motion to move the issues being discussed into two separate parts. 1. The rezoning issue for parcel "C", the 1,08 acres and 2. The amendments to the current ordinance. Commissioner McCormick concurred. Commissioner Duffy stated having concerns for the placement of the parking spaces for the new units proposed on the 1.08 acre parcel. He stated having concerns for the trees that are on that property as well. Commissioner Byerly questioned Mr. Myers regarding if the same 20% limitations would the synergy t logical areas ;core of the ace, the Commissioner Dudziak questioned Mr. Miller r and the width of the sidewalk, ar walk friendly? Mr. Miller stated w possible. There are areas whe accommodate those uses, but woul ," new areas, there are se. I parking I ~." '"" ...0,." Robert Figueroa, 8 buildings invadin issues of the re e parking along the streets ify those to make them more trian friendly environment as n to be a little wider to ,<J'V1r. Myers stated in the ~/ the height of the He stated having g request. od Road, stated being opposed to a parking garage stated there are lights currently shining on to his al Drive, stated she was assured at least a 6 foot wall would ir homes and the development. She stated the residents f privacy. Planning & Zoning Commission Minutes - December 12, 2005 Page 3of9 apply to the McNosky parcel? Mr. Myers stated there would be zero percent residential on those ground properties which is more restrictive than currently proposed. Commissioner Taylor stated the parking becoming more of an issue. Mr. Myers stated it being difficult to get within the building; therefore the parking will be underground. The cost of the residences will be higher, more upscale. This opens the first floor for retail and so forth. Commissioner Byerly questioned Mr. Myers if the undergrou. for the residents or could it be used for the shoppers? ," that, but for right now, the underground parking is just ~~'1 Commissioner Duffy questioned Mr. Myers regardi ,~e und become part of the PUD requirements? Mr ers replied Commission wants. <~$;\}^ :'9<ing would be strictly s replied looking in to ents. nd parking would , t is what the build four f Mr. j;' On the pro " d three at can currently be built in t on the fourth floor of these ces for architectural interest. ~*" rding if ;[~plie :~[~~~j::::::;,<;, g diffi2fill;;tt vote on this issue without d the citizens that spoke were well aware , dments in 2001 and now, to bring forth is proposal is a clear idea of where the , lish. The entire project will be built all ns wh entral Drive were concerned with what close to theIr property. He stated there not being any g town homes instead of office or retail. Those town . To put walls around the Village would not be very quest is to remove the 600 e three sites proposed, Com oned Mr. Myers regarding the exit route for the cars on the new pro on the exhibit? Mr. Myers replied on Pleasant Run. >* ~:'!'~~, Commission?;) ; 'tioned Mr. Myers regarding the trees that are on the new property, what' .ne to those trees? Mr. Myers replied the trees are beautiful, but we would not be ~" vto preserve the trees, especially with putting underground parking. A lot of trees will be planted that over time will grow. Commissioner Dudziak questioned Mr. Myers regarding how many town homes are going to be built? Mr. Myers replied about twenty. Mr. Myers stated they are not proposing to open the Central Drive gate, Commissioner Byerly questioned Mr. Myers regarding the 1.5 parking spaces per resident, how flexible are you? Mr. Myers replied the parking is planned very Planning & Zoning Commission Minutes - December 12, 2005 Page 4 of9 meticulously. Having town homes that will sell for half a million dollars, if there is not underground parking to satisfy that particular buyer, the deal will not happen. Therefore, there can be no mistakes. He stated the parking being 1.5 but we could do 1.75 parking spaces. Commissioner Dudziak stated the residents could have two parking spaces and the spaces could be located within 400 feet. Mr. Myers stated., ~t being the current ordinance and the proposed ordinance would take pre 'ce over that one. Commissioner Dudziak referred to staff for clarity. Barry J..; n stated as proposed the residents would have two parking spaces on sit three areas that are proposed tonight would only have 1.5 units on site. Commissioner Duffy questioned Mr. Myers regar . that include the total foot print of the building? to have on the first floor to have commercial will face Village Lane. There will be an en of the site. ~y C, 1.08; does urrent plan is ercial that e middle oyle regarding the parking yle replied solely applicable '. eet is not applicable. , if any of the proposed plied those agreements "/ ;- '(j zoning ordinance, states the higher % of the space reserved for retail use is 'tied on Exhibit A, we are fine with that build this all at the same time that the ate of occupancy until the retail is also eing ok, we / planning to open the retail and they may " ay be that the building is built and it will not be leased. , cing if we had to wait to move the residents in after '''.~~~::~~;>* Com' " ioned r. Myers regarding section 7; the 400 square foot would r nd C, so do you intend to keep the 400 square foot half floor than the r ,,"f the de ment? Mr. Myers replied correct, currently some areas of the Village 0 tories, not 3. Commissioner questioned Mr. Myers regarding the eliminating of the masonry fence and using lei' dscaped fencing, do you have some specific standards in mind? Mr. Myers replied wanting adequate screening. The area close to Central Drive will have the town homes, then a paved alley way, and between the alley and property line, there is a four foot grass area that we want to plant fast vertical growing trees, cypress, pines, red oaks. Not planning to plant shrubs because of the grading of the land, they would be below the property and they tend to grow out instead of up. Commissioner Byerly questioned Mr. Myers regarding what caliper they are planning to plant? Mr. Myers replied about four inch caliper. Planning & Zoning Commission Minutes - December 12, 2005 Page 5of9 Commissioner Dudziak questioned Mr. Myers regarding if there would be any parks or amenities in the ordinance? Mr. Myers replied yes, those areas would be created as the buildings are built. He indicated the locations using the drawings provided. Commissioner Dudziak questioned Mr. Myers regarding if the number of units he is requesting will be enough or should he request more units tonight? Mr. Myers replied being comfortable with the 300 number requested. Commissioner Duffy concurred with Commissioner Dudziak. the Village stick to the schedule and not have to come bac an amendment. Mr. Myers concurred as well. In 200 made. We are asking for help to be able to build out ,t Commissioner Duffy made motion to approve ca areas A, Band C have underground parki minimum parking space but 1.75 parki Commissioner Byerly seconded with amen unit; to clarify Section 8 certificate of occupa 50% of the retail be constructed, the landscape and masonry wall to be 4 inch c r trees plant pines, red oaks, lace park el nsistent Development Code. The motion was approved by the folio Aye: McCormick, Dud rtkowski; Nay: None tated wanting to see two years and ask for 'nor adjustments were once. uffy and Byerly 3. . G - Request for a zoning change from ommercial to PUD-C Planned Unit ated at 3798 and 3800 Glade Road himself from this agenda item. ~ )\ uller prese :'~e 2'i:(~nd briefed the Commissioners, '{;~;~'" ' ':>Y:~>>>" '~sioner Duffy d d th .Iic hearing at 9:10 p.m. ", !Jm, 3800 GI Road, spoke in favor of the rezoning request. Vicki Hag 680 Be e Drive, Hurst, spoke in favor of the rezoning request with her father, " Terry Hanson, ' restwick Drive, spoke in opposition to the rezoning request and stated having issu 'with traffic and density. Becky Hall, 4916 Prestwick Drive, spoke in opposition to the rezoning request and stated having issues with traffic, density and wanting the developer to address the concerns of the neighbors that were addressed during the Master Plan review. Ron Rickman, 3604 Cotswold Court, spoke in opposition to the rezoning request and stated having issues with the timing of the project. He stated not having enough preparation time to the request. Planning & Zoning Commission Minutes - December 12, 2005 Page 6of9 David Glenn, 3700 Laurens Place, spoke in opposition to the rezoning request and stated wanting to keep the commercial development at the Highway 26 corridor and having issues with traffic. Kevin Lykins, Pastor of Pleasant Glade Baptist Church, 3708 Glade Road, spoke in opposition to the rezoning request and stated having issues with traffic. He suggested more residential use. David Hannah, the applicant, presented the request and brief There being no one wishing to speak, the public hearing Commissioner Duffy questioned Mr. Hannah regardi" wood crete or stone crete? Mr. Hannah stat maintenance free and is commonly used in Coli Commissioner Duffy questioned Mr. Hanna Property Owners Association is in plac maintain the property until fully developed. Commissioner Duffy questioned Mr. Hannah spaces and what is your timetab developme time frame to compliment the r '. n of Gla Bartee stated the construction on .. to begi take about 9 months, Heritage Road Commissioner Duffy,<, :f)~d Mr. \,; homeowners? M~'{::~~:'~ lied h'< ",~~......V,,"",,~,,".' homeowners, ':~1:: ed at 9:35 p.m. material, what is very durable, the joint of all the parking r. Hannah stated wanting the oad. City Engineer, Chad e spring of 2006 and will "if he had contacted the rsations with some of the is aware of the uses that are allowed in len stated the area is very small and opme Ize. He stated he would prefer to have a large buil I g. ~lVing a concern, the Commissioners are to uphold the be built in this area. Barry LeBaron stated estate areas. Comml tated the developer has a lot of opposition by the residents to this reO eeding to hear more from residents who are in favor of this request.:;., .<~;m.::/ Commissioner 81:/" ~'game questioned staff regarding where does this parcel place in the master plan a far as classification? Barry LeBaron replied being shown in the master plan as residential. The CN zoning that is already in place is not consistent with the master plan as well. Commissioner Taylor stated this is not an area where a developer would come in and develop estate lots knowing what is in this area. Commissioner Dudziak stated there seems to be a lot of tension between the developer and the neighbors. He suggested tabling this item until further information can be Planning & Zoning Commission Minutes - December 12, 2005 Page 7of9 researched. Commissioner Bartkowski and Commissioner Taylor concurred with Commissioner Dudziak. Commissioner Taylor made motion to table case Z-05-035. Commissioner McCormick seconded. The motion to table was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor Nay: Blassingame, Duffy Respectfully Submitted, STAFF REPORTS Barry LeBaron reminded the Commissioners th 2006. COMMISSIONER COMMENTS None ADJOURNMENT The Commission adjourned the m . Amy Shelley "<xq:;, Planning and Zon Approved on: ------' Planning & Zoning Commission Minutes - December 12, 2005 Page 8of9 .~ l'exa5 PLANNING & ZONING COMMISSION AGENDA BRIEFING Subject: January 9, 2006 Prepared by: I Barry LeBaron, : Develo ment Direct Consider appointments of Planning and Zoning Commissione the Park Land Dedication Committee Meeting Date: BACKGROUND INFORMATION Chapter 11 of the Land Development Code establishes requirements for park land dedication. This Chapter also establishes a Park Land Dedication Committee, The Committee is made up of two members each of the Planning and Zoning Commission and Parks and Recreation Board. The duties of this committee are listed below. This committee is an advisory committee to the Planning and Zoning Commission and City Council on park land dedication issues. a. Review proposed parkland dedication fund expenditures and make recommendations to the Planning and Zoning Commission and the City Council. b. Review the Parks and Recreation Master Plan every three years and make recommendations for modification or alteration. The Planning and Zoning Commission must appoint two members to this committee to coincide with their respective terms on the Planning and Zoning Commission. At the present time, Dave Dudziak is filling one of the positions and the second position is currently vacant. Agenda Item No.1 - Page 1 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Subject: January 9 2006 Prepared by: I Barry LeBaron, , i Develo ment Director Z-06-001 - PUBLIC HEARING - Request for a zoning chan from CC1 Village Retail and AG Agricultural to PUD-R Planned Unit Development Residential on 22.9 acres out of the G. Minter Survey located northwest of Heritage Avenue and Glade Road Meeting Date: STAFF REVIEW COMMENTS Mady Development Corporation has submitted a request to change the zoning of 22.9 acres, located on the west side of the 5000-5200 blocks of Heritage Avenue. A portion of the property is currently zoned AG-Agricultural and a portion of the property is zoned CC1-Village Retail. The applicant is seeking a zoning change in order to develop the property for 124 single-family-attached residential town homes. Except for a few older existing residential structures, the property is currently vacant and is not platted. In order to subdivide the property as proposed by the developer, approval of a subdivision replat will be required at a later date, upon approval of the rezoning request. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Plan shows the subject property situated adjacent to Heritage Avenue for future commercial uses. Additionally, the portion of the subject property situated immediately adjacent to the west side of the existing Walgreen's retail store is also shown as a future commercial area. The balance of the property is shown as future residential uses. Attached is a copy of the 2004-2025 Future Land Use Plan, which shows the projected land uses for the area surrounding the subject tract. This rezoning request is not fully consistent with the 2004-2025 Future Land Use Plan. The developer has provided information in regarding the 2004-2025 Future Land Use Plan for this area (see attached memorandum from Sage Group, Inc.). The developer states that the subject property is a classical transitional area, in that it will serve to transition from retail, office and commercial uses along Heritage Avenue to residential uses further to the west. The developer also states that there is little neighborhood support for expansion of the commercial uses along Glade Road west of the Walgreen's site. Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The proposed development of 124 residential units on this 22.9 acre property will produce a density of 5.4 dwelling units per acre. However, the 1998 and 2004 Colleyville Master Plans both stated that Agenda Item No.2 - Page 1 densities higher that 1.8 units per acre would be acceptable in those areas deemed consistent with sound land use planning principles, such as a transitional area situated between commercial uses and less dense residential developments, or near major street intersections. Lot Sizes & Widths. The PUD-R regulations require a minimum lot size of 13,000 square feet and a minimum lot width of 100 feet. However, there is a presumption that the minimum lot size and lot width required by the PUD-R regulations are intended to apply to subdivisions platted for detached single-family developments. The applicant is proposing a single-family-attached town home development, which minimum lot sizes or lot widths are not addressed in the PUD-R regulations for these types of developments. The developer has provided information for inclusion in the PUD-R ordinance regarding lot sizes, lot widths and lot depths. The minimum lot size being proposed is 2,700 square feet. The minimum lot width proposed is 30 feet. The minimum lot depth is 90 feet. As proposed, lot coverage will be limited to 90 percent of the lot area. Open Space. The PUD-R regulations require a minimum 20 percent of the development be reserved for open space for the use by the residents of the development. The proposed development contains numerous open space areas, which are situated in various locations within the development. The proposed site plan for the development shows 32.1 percent of the total development as open space. Sidewalks and Trails. The 2005 Colleyville Pathways Plan requires a 10 foot-wide trail along the north side of Glade Road. The developer will construct the applicable sections of trail as a part of the public improvements for this development. The developer is showing a trail connection from the internal portion of the development to the Glade Road trail section. Additionally, the developer will be providing sidewalks internal to the development for each lot. There is an existing 10 foot-wide trail along the western side of Heritage Avenue, which extends across the frontage of this development. Surrounding Properties. The surrounding properties are a variety of land uses, including retail, commercial, office along Heritage Avenue to the east and residential and religious along Glade Road to the south. Heritage Middle School is situated immediately to the north of the subject property. Development Trends. The development trends in this area have consisted of retail, office and residential uses. Tree Preservation. According to aerial photos of the site, the property is heavily wooded with a variety of species of native trees. A significant number of trees have died from standing water associated with the existing pond on the property, The developer has conducted an extensive tree survey of the site and has prepared a significant tree study. The street and building layout has been prepared based on preserving the significant trees on the property. At time of platting, a tree replacement plan may be necessary for the non-exempt trees proposed for removal. Agenda Item No.2 - Page 2 Infrastructure. Water and sanitary sewer services are available along adjacent rights- of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed by the Colleyville Engineering Department. According to the drainage map, the site accepts water from the west and from the north, which drains towards the south through drainage way located near the eastern part of the property. The developer intends to shape the drainage channel into a retention pond feature for use as an aesthetic amenity for the development. Final discharge of storm water will continue to the south side of Glade Road through an underground system. Details of the proposed drainage system and storm water retention pond will be submitted as part of the platting process. Gated/Private Street Development. The developer has indicated that the proposed development will be a gated/private street subdivision with the primary entrance to the development located on Heritage Avenue. At time of platting, the developer is required by Chapter 10 of the Land Development Code to submit the necessary Homeowner's Association (HOA) documents for review by the City. The HOA documents must indicate that the streets and drainage systems within the development are private, owned and maintained by the HOA, and that the City has no obligation to maintain the private streets and drainage systems. All HOA documents will be reviewed and approved by the City Attorney to ensure conformity to applicable City policies prior to the plat being filed with the County Clerk's office. The plat document will designate the private road as a lot and a note will be provided on the plat stating the HOA is responsible for construction and maintenance of the private road. The developer has acknowledged these requirements and has indicated that the documents will be submitted to the City at time of platting. Access. The development will have primary access from Heritage Avenue. A second access, located further to the south from the main entrance, will be provided on Heritage Avenue for residents only via a gated key access system. A third access is located on Glade Road, but will be gated and used for emergency access only. The emergency access will be fitted with a Fire Department approved opticom system. Traffic Generation. The developer is required to provide a Traffic Impact Analysis, since the development is projected to generate in excess of 1,000 vehicle trips per day. Specifically, staff requested the developer to study access into the site from Heritage Avenue, which currently has a dedicated left turn lane at Gateway Drive for south bound Heritage Avenue traffic. The developer has provided a Traffic Impact Analysis, which recommends removal of a section of the existing raised median in Heritage Avenue and the installation of a two- way center left turn lane to provide access to the site for north-bound traffic. However, due to the absence of school traffic counts during the recent holiday season, actual Agenda Item No.2 - Page 3 traffic counts and turning movements are not available for review at the time this agenda briefing was prepared. The Colleyville Engineering Department staff will need to review the actual traffic survey information prior to the approval of any plans for removing the Heritage Avenue median. The developer will complete the collection of traffic information and present it to the Engineering Department with a follow-up letter. Transportation Facilities. Heritage Avenue is currently a four lane divided roadway and is adequate to handle the additional traffic generated by the proposed development. However, a median cut will be required to access the property at the entrance location proposed by the developer. Glade Road is currently a narrow, two lane facility that does not meet current design standards. The City of Colleyville is currently working with the Texas Department of Transportation for improving Glade Road from Heritage Avenue and westward to the intersection with Martin Parkway. The reconstruction project will increase the width of the driving lanes to standards of approximately 15 feet wide and add dedicated left turn lanes at the major street intersections. This project is scheduled to begin construction during the summer of 2006. The Glade Road widening project has no impact on the proposed development since the development only has an emergency access onto Glade Road. Property Taxes. According to information available from the Tarrant Appraisal District, the 22.9-acre tract is valued at $2,051,155. The estimated City property tax revenue for the property is approximately $7,126 annually. The developer has provided an estimate of $46,000,000 total value when the project is completed, which will generate $159,804 of tax revenue for the City. Public Notification. Staff mailed notices to thirty-three (33) adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code, No correspondence has been received regarding this request. SUMMARY While the proposed development is not fully compliant with the 2004-20025 Future Land Use Plan, staff feels the location of the development is ideal for this particular type of higher density residential development. The project location is near the major intersection of Glade Road and Heritage Avenue and the addition of 124 new households, generated by the proposed project, will help support the retail and other commercial businesses located in the Glade Points Shopping Center, located to the east of the site. The residential nature of the project is also very compatible with the educational properties located to the north where the Heritage Middle School is situated. The recommendation for approval is based upon what staff feels is a good land use for the site, minimum traffic impact on Glade Road and supportive of economic development for nearby commercial businesses. Agenda Item No.2 - Page 4 PUBLIC HEARING SCHEDULE Planning & Zoning Commission: January 9,2006 City Council: February 7 and 21, 2006 RECOMMENDATION Approval ATTACHMENTS · Future Land Use Plan Surrounding Subject Tract · Zoning and Location Map · Statement of Planning Objectives · Site Plan from Applicant · Development Review Committee Comments · Developer Memorandum of Responses to DRC Comments · Traffic Impact Analysis · Property Owner Notification Area · List of Property Owners Notified · Draft Ordinance Agenda Item No.2 - Page 5 Future Land Use Plan Surrounding Subject Tract Subject Property " , Zoning and Location Map D NORTH 4908 [ ~oo ------ A tley~~ cJcU<4r ' CoUe:Yv~ T~.. st~off'~()bjed:'wfW .The subject of this zoning request is a 22.76 acre tract of land, situated generally along the west side of Heritage Ave. and north of Glade Road, in the City of Colleyville, Texas. The property is currently undeveloped, with the exception of a few existing older residences. The adjacent land uses are quite varied, ranging from: Retail, Commercial and Office uses along the Eastern boundaries, Residential and Religious uses to the South and West, and Heritage Middle School to the North. Because of the incompatibility of these two groups of adjacent uses, to each other, this property could be considered a classic -transition" parcel. Through development, it would ideally serve to -transition" from the higher intensity Retail, Commercial and Office uses on the East, to the lower intensity uses on the West. The subject property is currently zoned: CC-l on 5.06 acres surrounding the existing Walgreens and touching both Heritage Ave. and Glade Road, and AG on the remaining 17.7 acres. This zoning request proposes to change the CC-l and AG zonings to a Residential PUD, providing the transition discussed above through the development of a Single Family- Attached Residential Community. The layout of tlte lots, roads and open space areas has been carefully crafted around the significant large trees on the property, to highlight and save as many of these valuable natural features as possible. As a result, more than 30% of the site will be maintained as permanent open space, owner and maintained by the Heritage Oaks Home Owners Assn. Primary access will be from Heritage Ave., through a gated main entry. Secondary access will be provided from another gated entry along Heritage and a single gated entry from Glade Road. Extensions of and connections to the existing trails identified on the Colleyville Trail Master Plan will be made along both frontages, from the internal community sidewalk and trail system. The scale and orientation of the development has been designed to provide for and encourage a safe and inviting walking environment, passive recreation opportunities, desirable architecture and a high quality environment compatible with the rest of the city. I I I I I I I I I I I I I I I I I I I VeNe;Loptne+1X S~ Heritage Oaks is intended to ~e developed in a single phase, with development commencing as soon as zoning, plqtting and other necessary approvals are obtained. E~VeNeloptne+1X Infor~L011I Heritage Oaks will have 124 homes, each with an estimated average value of $375,000, resulting in an overall addition of $46,500,00 to the city tax base. At the current tax rate of 2.6946n%, the total new taxes generated for the city, school district and county would total $1,253,024 per year, as a result of this development. ....... Site Plan from Applicant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE December 27, 2005 TO G,T Purlicz FAX 214-630-9560 FROM Chris Fuller, Development Coordinator SUBJECT Z-06-001 Heritage Oaks CC1 & AG to PUD-R The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your Special Use Permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. The staff report to the Planning and Zoning Commission and City Council regarding this 1. zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. A copy of the staff report and proposed ordinance will be available for review not less than 72 hours prior to the Planning and Zoning Commission meeting date. 2. Development requirements not specifically cited by the applicant shall be required to meet the PUD-R zoning regulations and development standards as stated within the Land Development Code. Provide information on any special development standards requested by the developer for inclusion in the PUD-R ordinance. 3. The Future Land Use Plan shows portions of this area as future retail and office uses. Provide justification as to why the Master Plan should be modified for residential use. 4. A Traffic Impact Analysis shall be submitted to staff before this item will be scheduled for a public hearing. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 5. Identify how the property will be accessed off of Heritage Avenue. Specifically, the TIA should address access requirements into the site considering the location of the existing left turn storage lane for the south-bound traffic on Heritage Avenue. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-06-OO1 HERITAGE OAKS CC1 & AG TO PUD-R 6. All buildings will require an approved fire detection and alann system. Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. 7. The exhibit design has less than standard street widths. A minimum 24-foot back of curb to back of curb Fire Lane (marked) will be required throughout the project. Fire lanes require a minimum of 14-feet vertical clearance. Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. 8. On site fire hydrants will be required. Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. 9. Street names and addresses must be approved by the Fire Marshal prior to platting. Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. 10. Emergency access onto and from Glade Road is required. Gates must have Opticom access and knox key override. Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. 11. Provide a written description or plan of amenities to be included in the open space areas, 12. Retention ponds within the development shall include at least one aeration device per pond, to be maintained by the HOA. 13. Provide proposed street names for the development. 14. The Pathways Plan requires a 100foot wide trail along Glade Road. Provide additional street right-of-way dedication or a public access easement of sufficient width to accommodate the trails system sidewalk:. 15. Provide the total number of on-street parking stalls provided within the development. 16, Clarify the access shown to Glade Road (adjacent to Walgreen's). Will it be gated? Will it serve as emergency access only? 17. Provide the proposed percentage oflot cover for each lot. 18. Provide the proposed front and rear yard setbacks for each lot. 19. Provide the comer side yard setbacks. 20. Indicate the maximum height of the proposed PUD-R development. 21. Note that unless otherwise proposed by the applicant, all subdivision standards and zoning regulations stated with the Land Development Code be applicable. PAGE20F4 DEVELOPMENT REVIEW COMMITTEE Z-06-001 HERITAGE OAKS CC1 & AG TO PUD-R 22. Indicate the ability of service vehicles, such as those for solid waste collection, will be able to negotiate the comers of the alleys shown on the site layout. Modification of the alley comers may be required at time of platting. The Following Comments are Informational and Do Not Require a Response: 23. During the construction phases of the development, construction vehicles will not be permitted to block the designated Fire Lane. 24. Review the entrance gate requirements within Chapter 10 Private Streets and Entrance Gate of the Land Development Code prior to submitting a plat application. 25. At the time of Preliminary Plat application a gated access fee will be required to defray the cost of processing the application, and maintaining City owned electronic emergency equipment. An application fee of $700 shall be paid prior to scheduling the application for public hearing. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. ROADWAY $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. SIDEWALKS AND TRAILS. 1bis property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Glade Road. The Pathways Plan requires a lO-foot wide trail along Glade Road. The developer is required to construct the trail as part of the public improvements for this property. 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. TREE PRESERVATION. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. PAGE30F4 DEVELOPMENT REVIEW COMMITTEE Z-06-001 HERITAGE OAKS CC1 & AG TO PUD-R TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, January 9, 2006, 7:00 p.m. Tuesday, February 7 and February 21, 2006, 7:30 p.m. RESUBMITT AL REQUIREMENTS Please submit the following to our offices: · 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 Tuesday, January 3, 2006, in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1054 or fullerc@ci.collevville.tx.us if you have any questions. I C: DEVELOPMENT REVIEW COMMITTEE PAGE40F4 Developer Memorandum of Responses to DRC Comments MEMORANDUM Sage Group, Inc. 8445 Freeport Pkwy, Suite 660 Irving, Texas 75063 972/929-8443 Fax 972/929-1241 To: Chris Fuller, Development Coordinator CITY OF COLLEYVILLE Dept. of Community Development 100 Main Street Colleyville, TX 76034 817-503-1050 Date: 3 JAN 06 From: Curtis Young, AlA Subject: Z-06-001 Heritage Oaks CCl & AG to PUD-R Reply to DRC Comments and Questions Job No.: MAOI-00 Message: Chris: The following is intended to be responsive to the comments and questions posed by the Colleyville Development Review Committee, sent to us last week. These responses relate directly to the item numbers, as shown in the DRC memorandum. 1. The staffreport to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. A copy of the staff report and proposed ordinance will be available for review not less than 72 hours prior to the Planning and Zoning Commission meeting date. Response to #1: We understand and look forward to receiving the staff report and proposed ordinance, for review and clarification, 2-06-001 Heritage Oaks- Responses to City ofColIeyville DRC Comments Page 1 of5 3 JAN 06 2. Development requirements not specifically cited by the applicant shall be required to meet the PUD-R zoning regulations and development standards as stated within the Land Development Code. Provide information on any special development standards requested by the developer for inclusion in the PUD-R ordinance. Response to #2: Special Development Standards Requested: 1. Maximum Residential Density: 5,5 dwelling units per acre 2. Minimum Residential Lot Size: 2,700 s,f. 3. Minimum Lot Width: 30' 4. Minimum Lot Depth: 90' 5. Front Yard Setback: 5' 6. Rear Yard Setback: 3.5' 7, Streets: Private Streets, with Gated Entries. 24' (back to back) Concrete Pavement wi alternating Inset Parking Spaces outside the 24'. 3. The Future Land Use Plan shows portions of this area asfuture retail and office uses. Provide justification as to why the Master Plan should be modifiedfor residential use, Response to #3: The subject property is a classic transitional site, in that it would serve to transition from the Low Density Single Family Residential Land Uses on the west, to the Retail, Office and Commercial Uses along the Heritage Ave. corridor on the East. From our discussions with nearby residents, we believe there is little support for further expansion of Office and Commercial Uses along Glade Road west of the Walgreens at the NW comer of Glade and Heritage, although a portion of this property there is currently zoned CC-I, We also understand the City's desire for a significant tax base valuation for the Commercial Zoned land; although we believe there is a limited market for Retail Uses west of Heritage, other than the existing Walgreens site on the comer. The proposed plan is an opportunity to meet both desires, in that it would provide for Single Family Residential Uses immediately west of the Walgreens site (at a density compatible with such a close adjacency to Commercial Uses), while at the same time provide an addition to the city's tax base exceeding what would be achievable through an alternative Garden Office development. 2-06-00 I Heritage Oaks- Responses to City of Colleyville DRC Comments Page 2 of5 3 JAN 06 4. A Traffic Impact Analysis shall be submitted to staff before this item will be scheduledfor a public hearing. Contact Robert Woods, Project Engineer, 817. 503.1094, for more information. 5. IdentifY how the property will be accessed off of Heritage Avenue. Specifically, the TIA should address access requirements into the site considering the location of the existing left turn storage lane for the south-bound traffic on Heritage Avenue. Contact Robert Woods, Project Engineer, 817.503. 1094, for more iriformation. Responses to #4 & 5: We met with Robert Woods, Project Engineer, last week and have coordinated these issues with him. The promised Preliminary Traffic Analysis by Lee Engineering is attached herein, and it addresses the proposed main entry off Heritage, Also attached are two exhibits showing the existing conditions at the entry, and our proposed median! left-turn lane revisions. 6. All buildings will require an approved fire detection and alarm system. Contact Jeff Jones, Fire Marshall, 817.488. 6277, for more iriformation. 7. The exhibit design has less than standard street widths. A minimum 24-foot back of curb to back of curb Fire Lane (marked) will be required throughout the project. Fire lanes require a minimum of 14-feet vertical clearance. Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. 8. On site fire hydrants will be required Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. 9. Street names and addresses must be approved by the Fire Marshall prior to platting. Contact Jeff Jones, Fire Marshall, 817.488.6277, for more information. 10. Emergency access onto and from Glade Road is required Gates must have Opticom access and knox key override. Contact Jeff Jones, Fire Marshall, 817. 488. 6277, for more iriformation. Responses to #6-10: We have met with Jeff Jones, and we understand and agree with each of the above requirements. 11. Provide a written description or plan of amenities to be included in the open space areas. Response to #11: The Open Space areas within the project are intended to be passive greenbelt and park areas for the enjoyment and use of the residents of the neighbor- hood. They will be fully landscaped and maintained at a high quality level by the Heritage Oaks HOA, which will have title to the property and the power to assess annual maintenance fees from each lot to assure such maintenance. These areas will Z-06-00 1 Heritage Oaks- Responses to City of Colleyville DRC Comments Page 3 of5 3 JAN 06 be accessible through an internal pathway system, and will be punctuated by park benches at specific locations. 12. Retention ponds within the development shall include at least one aeration device per pond, to be maintained by the HOA. Response to #12: We understand and agree. 13. Provide proposed street names for the development. Response to #13: Pending approval of the Fire Department and the Post Office, we submit the following list of proposed street names (5 needed, total): 1. Heritage Oaks Drive 2, Post Oak Place 3. Chinkapin Court 4. Bur Oak Drive 5. Cedar Elm Circle 6. Blackjack Oak Drive 7. Nuttall Oak Place 8. Shumard Street 9 . Water Oak Court 10. White Oak Court 11. Pin Oak Place 14. The Pathways Plan requires a 10-foot wide trail along Glade Road Provide additional street right-of-way dedication or a public access easement of sufficient width to accommodate the trails system sidewalk. Response to #14: We understand and agree to providing a sidewalk easement along the Glade Road frontage for such use. 15. Provide the total number of on-street parking stalls provided within the development. Response to #15: We propose to provide "on-street" parking spaces at a minimum rate of 1 per unit, for Visitor Parking, for a total of 124 spaces. All such spaces shall not conflict with the center 24' of the paved street. 16. ClarifY the access shown to Glade Road (adjacent to Walgreen's). Will it be gated? Will it serve as emergency access only? Response to #16: Based on neighborhood input, we are proposing to gate the Glade Road Entry and restrict it to emergency access only. Z-06-00 1 Heritage Oaks- Responses to City of Collevville DRC Comments Page 4 of5 3 JAN 06 17. Provide the proposed percentage of lot cover for each lot. Response to #17: Maximum lot coverage of90%. 18. Provide the proposed front and rear yard setbacks for each lot. Response to #18: Minimum Front Yard Setback of 5' and Minimum Rear Yard Setback of3.5'. 19. Provide the corner side yard setbacks. Response to #19: Comer Side Yard Setback shall be a minimum of5'. 20. Indicate the maximum height of the proposed PUD-R development. Response to #20: Maximum Height of2 Stories or 35', 21. Note that unless otherwise proposed by the applicant, all subdivision standards and zoning regulations stated with the Land Development Code be applicable. Response to #21: We understand and agree. 22. Indicate the ability of service vehicles, such as those for solid waste collection, will be able to negotiate the corners of the alleys shown on the site layout. Modification of the alley corners may be required at time of platting. Response to #22: We have coordinated our Alley dimensions and geometry with IESI, who has responded that our proposal meets their standards. Please let me know if there is anything else you need from us prior to the Planning and Zoning Commission meeting next Monday, January, 9,2006. Thank you for your assistance. Z-06-001 Heritage Oaks- Responses to City ofCollevville DRC Comments Page 5 of5 3 IAN 06 Traffic Impact Analysis '---""~'"""'"'"'1' E:dZC;~34 ,~ ,. ~lM4IMtX16, ".FIIX:m'248-3, B55 . . TOll Ftull1/$-Z9lS-3WIi ~"_, .EnOinEE=rinO January 3, 2005 Bruce Scasta Mady Development 545 East John Carpenter Freeway Dallas, Texas 75247 Re: Preliminary Traffic Analysis for Heritage Oaks Development - Col/eyville, Texas Mr. Scasta: Lee Engineering is pleased to submit this letter report documenting our traffic analysis for the proposed Heritage Oaks Development in Colleyville, Texas. The purpose ofthis preliminary study was to document the trip generation and the site traffic assignment from the proposed development to Heritage Avenue. We have also identified preliminary recommendations to accommodate turning traffic to and from the site. The site is proposed to consist of approximately 118 townhome dwelling units in a gated community. Traffic Volumes The number of vehicle trips generated by the proposed development at build-out were estimated based on the trip generation equations provided in the publication entitled Trip Generation, Seventh Edition, by the Institute of Transportation Engineers (ITE) , Estimates of the number of trips generated by the site were made for the AM and PM peak hours, as well as on a daily basis. The number of trips generated by the development is a function ofthe type and quantity ofthe land use of the development. The trip generation rates for this development and the resulting number of trips generated by this development are shown in Tables 1 and 2. Table 1. Proposed Residential Development Trip Generation Rates LAND USE Land Use Residential Condo / Townhouse ITE Land Use Code 230 Average Weekday Ln (T) = 0.85*ln(X) + 2.55 EQUATION / RATESl AM Peak Hour Ln (T) = 0.80*ln(X) + 0.26 PM Peak Hour Ln (T) = 0.82*ln(X) + 0.32 Average Weekday 50 / 50 DIRECTIONAL SPLIT AM Peak Hour 17 / 83 (% in / % out) PM Peak Hour 67/33 I. _ - T - Tnp Ends, X - # dwellmg umts Table 2. Estimated Trip Generation for Heritage Oaks Development Townhouse (118 Dwellin2 Units) Enter Exit Total A veral!e Weekdav 370 370 740 AM Peak Hour 10 49 59 PM Peak Hour 46 23 69 As shown in Table 2, the development is expected to generate approximately 740 daily trips on an average weekday at build-out. Directional Distribution For the proposed development, the directional split of traffic entering and leaving the development was based on the location of principal roadways. Figure 1 shows the assumed directional distribution for the development, as well as the usage restriction on each driveway. Driveway A is planned to be a full-access drive, while Driveway B is planned to be a right-in, right-out driveway. Driveway C is to be used for emergencies only. The estimated site generated traffic volumes for the AM and PM peak hours under build-out conditions were assigned to the site access points on Heritage Avenue based on the directional distribution identified in Figure 1. These volumes are shown in Figure 2. Two-Way Center Left Turn Lane Based on the proposed site access configuration, we recommend the existing raised median between Gateway Drive and the proposed Driveway A be removed, and a two-way center left-turn lane be installed. General guidelines for the configuration of this two-way left-turn lane are shown in Figure 3. Traffic Study for Heritage Oaks Development - Colleyville, Texas Page 2 Heritage Avenue ~I DwyA (Primary Access) SITE DwyB (Right-In, Right-Out) DwyC (Emergency Only Drive) 5% 4 ~ 10% 4 ~ 30% 4 ~ ~I Heritage Avenue t N Not to Scale Gateway Drive Glade Road ColIeyville Heritage Oaks Directional Distribution i:nC;ini:i:=linC; Figure 1 Heritage Avenue ~~ MN DwyA J~ 22 (1O)~ ~i 13 (6) . V>~ ~e '<>0 o~ :::-~ M N- SITE DwyB J~ 14(7). i V> N '<> DwyC N~ ~~ V> NN L1(2) ~l. rO(O) ii M~ t!-e v>o ~~C L3(14) V> V>V>_ J~l. ~O(O) rO(O) Glade Road 1(5)~ ~ii o (0) ----. 0(0). e~e 0-0 Heritage Avenue LEGEND: XX = AM Peak Hour (XX) = PM Peak Hour t N Not to Scale Gateway Drive inC;inii=tinc; Colleyville Heritage Oaks Site Traffic Assignment Figure 2 Existing Raised Median Proposed Heritage Oaks Driveway A = .., Solid L. .- Yellow 5 5 = = ~ 5 E! Dashed -a .~ "- .. Yellow ~~ 00 = == .... 7:!: L. ~ Cll = = Cll ~ Cll L. CJl :! "C ~ Cll == 12' 12' 12' 12' Existing Raised Median t N Not to Scale Curb Line Solid White Dashed White Existing Gateway Drive i:nCSiOi:i::rincs Two-Way Left Turn Lane Design Guidelines Figure 3 Traffic count data will be collected with Grapevine-Colleyville schools in session and capacity analyses will be conducted to determine ifthe proposed two-way left-tutn lane can accommodate left turns into the site and left turns into Gateway Boulevard. These analyses will be documented in a foHow-up letter. Should you have any questions about the information presented in this report, please do not hesitate to contact us. We appreciate the opportunity to be of service. Sincerely, 11 Joseph T. Shott, P.E. Vice President Traffic Study for Heritage Oaks Development - Colleyville, Texas Page 6 :\'" \)/ 803@ SAGE GROUP, INC. Master Planning Landscape Architecture TEL 972.929.8443 Existing Raised Median w :::> z w ~ w <.9 ~ t-I 0:: w :r: - Existing Raised Median 3 JAN 05 ~O 50' Heritage Ave. Main Entry Existing Condition {" " }/ SAGE GROUP, INC. Master Planning Landscape Architecture TEL 972-929-8443 O@0Q Existing Raised Median w => Z w ~ w t9 ~ t-I ~ w LI J: '1 --.-. - Two Way Left Turn Lane I I L '1 I I I-i-I Existing Raised Median 3 JAN 06 ~o Heritage Ave. Main Entry Proposed Median Revision 60' Property Owner Notification Area CD a rn tv) l.[') o ..- l.[') '-' o 0) ..- 1 v "<;:f' 0 ro + (Y1 ... ..- 0 ro (Y1 ro 0) t--. (Y1 0) l.[') 0 0 (0 N (Y1 (Y1 l.[') ..- (Y1 t--. 0) 0 0 ..- ..- 0 (Y1 N ..- 0 (Y1 l.[') l.[') l.[') l.[') l.[') (0 N ..- ..- ro en 0) 0 ro ro "<;:f' "<;:f' 0) 0 0 "<;:f' 0 0 l.[') l.[') ..- t--. l.[') (Y1 .... l.[') 0 0 0 c 0) 0) en 0 0 "<;:f' "<;:f' "<;:f' '"' l.[') 0 l.[') l.[') (0 "<;:f' N C 0) l.[') ..- t--. (Y1 0) 0 0 0 0 c 0 0 0 0 ..- ..- 0 0 0) 0) en 0 l.[') ..- ..- ..- 0 0 0 l.[') ~OO "<;:f' "<;:f' "<;:f' '"' l.[') l.[') l.[') l.[') l.[') I 0 l.[') Ii) ....... g List of Property Owners Notified Case Number Z-06-001 Bench, Lilla 3810 Glade Rd. Colleyville, TX 76034 Goodrum, Ben F 3800 Glade Rd. Colleyville, TX 76034 Harrington, Samuel M. PO Box 150069 Dallas, TX 75315 Ly, June Thanh Tran 3613 Amberley Ct. Colleyville, TX 76034 Maples, Horace F. 7313 Silver Sage Dr. Fort Worth, TX 76137 Pitts, Wallace J Etux Shari G 3612 Amberley Ct. Colleyville, T Pleasant Glade Baptist Church 3708 Glade Rd. Colleyville, TX 76034 Rogers, Billie C Etux Gloria 3712 Glade Rd. Colleyville, TX 76034 Rogers, Billie Charles 3712 Glade Rd. Colleyville, TX 76034 Sauer, Kenneth W Etux Sally 5017 Roberts Rd. Colleyville, TX 76034 Sohn, Taesik Etux Kyu Nam Sohn 3608 Amberley Ct. Colleyville, TX 76034 5205 Heritage LLC. 2500 State Hwy. 121 #1116 Euless, TX 76039 Arnold, Thomas A. 5205 Roberts Rd. Colleyville, TX 76034 G Points SC Ltd. 1011st St. Suite 476 Los Altos, CA 94022 Grapevine-Colleyville ISO 3501 Ira E Woods Blvd. Grapevine, TX 76051 Hartley, Marietta Frances 200 Fremont Court Colleyville, TX 76034 Kindercare Real Estate Corp. PO Box 6760 Portland, OR 97228 Burton, Martha 418 E. Pipeline Rd. Hurst, TX 76053 Harrington, Samuel Mason 2760 Fuller Wiser Rd. Euless, TX 76039 Neubauer, Derek 4409 Cummings Dr. Fort Worth, TX 76180 Ray, Brenda Carol 3712 Glade Rd. Colleyville, TX 76034 Saint Mary's Romanian Orthodox Church 3801 Glade Rd. Colleyville, TX 76034 Thetford, Jerry Etux Faye PO Box 170067 Irving, TX 75017 Burton, Martha 4405 Bowman Dr. Colleyville, TX 76034 Greenway-Heritage Partners Lp. 2808 Fairmount St. Suite 100 Dallas, TX 75201 Lecocq, James Gary 5113 Roberts Rd. Colleyville, TX 76034 Metroplex Covenant Church Inc. 3508 Glade Rd, Colleyville, TX 76034 Roljen LLC. 5110 Heritage Ave. Colleyville, TX 76034 Russell, Billy Joe 32669 S. Us Highway 281 Hico, TX 76457 Scott, Larry P & Laurie A LLC. 1915 Yorkshire Court Lincoln, NE 68506 Scribner, Ted Etux Deana 5201 Roberts Rd. Colleyville, TX 76034 Notices dated Dec. 27, 2005. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed zoning change or special use permit request .. . .. . ....... .. .. Prazak, John B Etux Helen J 5207 Roberts Rd. Colleyville, TX 76034 Prestwick Park HOA Joel Hellman, President 4900 Prestwick Drive Colleyville, TX 76034 Draft Ordinance ORDINANCE 0-06-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 22.9 ACRES OUT OF THE G. W. MINTER SURVEY, A-1034, FROM THE AG-AGRICULTURAL DISTRICT AND THE CC1-VILLAGE RETAIL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT- RESIDENTIAL DISTRICT; PROVIDING FOR A PENAL TV FOR VIOLATIONS AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by Mady Development Corporation on December 16, 2005, under Case No. Z-06-001; and 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 ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; 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 classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-06-XXXX Page 2 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on a 22.9 acre parcel of land situated in the G. W. Minter Survey, Abstract 1034, from the AG-Agricultural zoning district and the CC1-Village Retail zoning district to the PUD-R Planned Unit Development Residential zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein, THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for single-family attached town home residential development, constructed at a maximum density of 5.5 dwelling units per acre. b. A maximum of 124 dwelling units shall be allowed within this PUD-R and no more than one dwelling unit shall be allowed per each platted lot. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUD-R. 3. PERMITTED USES a. Single-family attached-homes with no more than one dwelling unit Ordinance 0-06-XXXX Page 3 of 5 allowed per each platted lot b. Parks and open space 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Lot Coverage 2,700 square feet 30 feet 90 feet 5 feet none 3.5 feet 90 percent 5. OPEN SPACE a, This development shall provide not less than twenty-five (25) percent common open space, which shall generally be configured as shown on Exhibit "D". All open space areas shall be landscaped and maintained by the Homeowner's Association. b. No more than 25 percent of the open space areas shall be utilized for storm water detention or retention. 6. SCREENING a. A wrought iron fence, not exceeding eight (8) feet in height, shall extend across the northern boundary line of this PUD-R, as shown on Exhibit "D". b. All boundaries adjacent to another property shall be board-on-board fence, not exceeding eight (8) feet in height as shown on Exhibit "D", except for the northern boundary covered in paragraph a. above.. c. Adjacent to street frontages, there shall be either a wrought iron fence, masonry fence or a combination wrought iron fence with masonry columns, not exceeding eight (8) feet in height, provided that the fence may be set back at a location within the open space area adjacent to Heritage Avenue. 7. SIDEWALKS AND PATHWAYS a. The developer shall construct a ten (10) foot wide trail where this development fronts Glade Road. Said trail shall be situated within a dedicated trail easement or trail right-of-way. Said trail shall be Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-06-XXXX Page 4 of 5 constructed in accordance with the requirements of the Colleyville Land Development Code. b. Sidewalks shall be constructed adjacent to street frontages by each homebuilder. Sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code, 8. PRIVATE STREETS a. This development may be developed as a gated community with private streets in accordance with Chapter 10 of the Colleyville Land Development Code. 9. OTHER a. Retention ponds constructed in this development shall contain not less than one aeration device, such as a fountain, waterfall or underwater device, which shall be approved by the Colleyville Engineering Department. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. 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 Co lIeyville , 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 if 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 in 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 it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-06-XXXX Page 5 of 5 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006, day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G, Boyle City Attorney Exhibit A - Zoning and Location Map 5309 5303 lle~to.ge 1 iddle schoo co<<~ 4908 AG Exhibit B - Metes and Bounds Description LEGAL DESCRIPTION BEING all that tract ofland in the City of Colleyville, Tarrant County, Texas, a part of the G.W. MINTER SURVEY, ABSTRACT No. 1034, and being a part of that 17.609 acre tract ofland conveyed to Annie Orene Rogers as recorded in VolUme 4839, Page 726, Tarrant County Deed Records, all of that tract of land conveyed to Mrs. Annie . Orene Rogers as recorded in Volume 4844, Page 360, Tarrant County Deed Records, all of those tracts of land conveyed to Bill C. Rogers and Gloria Rogers Revocable Living Trust as recorded in. Volume 14662, Page 237, and Volume 14662, Page 239, Tarrant. County Deed Records, all that tract ofland conveyed to Rogers Family Trust as recorded in Volume 16755, Page 67, Tarrant County Deed Records, all th8t tract ofland conveyed to Rogers Marital Trust as recorded in Volume 16755, Page 68, Tarrant County Deed Records, all of that tract ofland conveyed to Lilla Bench as recorded in Volume 3674, PageS32, Tarrant County Deed Records, all of that 0.318 acre tractofland conveyed to Brenda Carol Ray as recorded in Volume 12863, Page 124, Tarrant County Deed Records, all of Lot 2, Block 1 , Walgreen Plaza, an addition to the City of Colleyville as recorded in Cabinet A, Slide 3861, Tarrant County Plat Records, and being further described as follows: BEGINNING at a one-half inch iron rod found for comer in the south line of said 17.609 acre tract, said point being the northeast comer of Heritage Family Dentist Addition, an addition 10 the City of Colleyville as recorded in Cabinet A, Slide 2999, Tarrant County Plat Records, said point being in the west line of Heritage Avenue (variable width right- of-way); . THENCE South 71 degrees 01 minutes 38 seconds West, 180.41 feet along the south line of said 17.609 acre tract to a one-half inch iron rod found for comer, said pointbeing the most. northerly northeastC0111~ of said Lot 2, said point :being the northwest CQm~ of . s81dI.Ieritage Family Dentist Addition; . ' ' " . THENCE along the coDllpon lines of said Lot 2 and said :fIeritage Family Denti~t ' . ,Addition as follows: " '. . . . SouthOl.degrees 33 minutes 08 seconds East, 59.70 feet to a five~ighths inch : ilon rod foWid for comer;. , . . North 89 degrees 10 minutes 30 seconds EaSt, 171.18 feet to a five~e1ghths inch irpn rod found for comet, said point being in the west line of Heritage Avenue;, THENCE along the east line of said Lot 2 and along the west line of Heritage Avenue as follows: ' South 01 degrees 13 minutes 21 seconds East, 161..11 feet to a five-eighthsinch iron rod found for comer; r South 00 degrees 28 minutes 10 seconds East, 189.20 feet to a one-half inch iron rod found for comer; Southeasterly, 0.95 feet along a curve to the right having a central angle of 00 degrees 03 minutes 26 seconds, a radius of 950.00 feet, a tangent of 0.47 feet, whos"RECEIVE[ DEe 1 6 200 P8r._.~......... chord bears South 00 degrees 26 minutes 27 seconds East, 0.95 feet to a five-eighths inch iron rod found fot comer, said point being the northeast comer of Lot 1 of said Block 1; THENCE South 89 degrees 31 minutes 50 seconds West, 307.60 feet to a five-eighths inch iron rod found at the southwest comer of said Lot 2, said point bemg the northwest comer of said Lot 1, said point being in the east line of said Bench tract; THENCE South 01 degrees 55 minutes 01 secOnds West, at 235.29 feet passing a tree for comer, said point being the southwest comer of said Walgreen Plaza, in all a total of 265.71 feet to a point at the southeast comer of said Bench tract, said point being in Glade Road (a prescriptive use right-of-way at this point); THENCE South 89 degrees 27 minutes 50 seconds West, 155.34 feet along Glade Road to a point at the southwest comer of said Bench tract from which a one-half inch iron rod found bears North 05 degrees 55 minutes 20 seconds West, 22.75 feet; THENCE North 05 degrees 55 minutes 20 seconds West, 560.00 feet to a one-inch iron pipe found at the northwest comer of said Bench tract, said point being in the south line of said 17,609 acre tract; THENCE along the south line of said 17.609 acre tract as follows: South 71 degrees 32 minutes 26 seconds West, 187.25 feet to a nail found for comer, said point being the northeast comer of that tract ofland conveyed to Ben F. and Winnolee Goodrum as recorded in Volume 10073, Page 1786, Tarrant County Deed Records; South 71 degrees 07 minutes 51 seconds West, 205.24 feet to a one-half inch iron 'rod found for comer, said point being the northwest comer of said Goodrum tract, said . ,point being the north~ comer of that tract of land described as Tract 2 COD:~eyed to ..,". Derek Neubauer as recOrd.ed in Clerk's Documel1t Number D20319983~, Tarrant County Deed Records; , . South 66 degrees 35 minutes 48 seconds West, 185.99 feet to a one.;.halfinch iron rod found for comer; " . South 03 degrees 53 minutes 23 seconds East; 77.77 feet to aone-balfinch iron , rod found at the most southerly southeast COmer of said 17.609 acre tract, 'said point being the northeast comer of said Mrs. Annie Orene Rogers tract; . THENCE South 04 degrees 05 minutes 13. seconds East, 264.10 feet to a point at the southeast comer of said Mrs. Annie Orene Rogers tract, from which a one-half inch iron rod found bears North 04 degrees 05 minutes 13 seconds West, 6.98 feet; THENCE South 88 degrees 38 minutes 17 seconds West, 40.00 feet to a point at the southwest comer of said Mrs. Annie Orene Rogers tract, from which a one-half inch iron rod found bears North 04 degrees 05 minutes 28 seconds West, 7.41 feet, said point being in the east line of Pleasant Glade Baptist Church Addition, an addition to the City of Colleyville as recorded in Cabinet A, Slide 7691, Tarrant County Plat Records; R E C E IV I nrf' 1 t! ': THENCE North 04 degrees 05 minutes 28 seconds West, 264.51 feet to a one-half inch iron rod set at the northwest comer of said Mrs. Annie Orene Rogers tract, said point being in the south line of said 17.609 acre tract, said point being the northeast comer of said Pleasant Glade Baptist Church Addition; THENCE South 89 degrees 15 minutes 55 seconds West, 145.36 feet to a point at the southweSt comer of said 0.318 acre tract; THENCE North 00 degrees 33 minutes 05 seconds West, 456.17 feet to a one-half inch iron rod set for comer; THENCE North 00 degrees 48 minutes 20 seconds West, 304.48 feet to a one-half inch iron rod found at the most westerly northwest comer of said 17.609 acre tract, said point being the northeast comer of that tract ofland conveyed to Ted Scribner, et ux as recorded in Volume 5564, Page 899; Tarrant County Deed Records, said point being in the south line of that tract ofland conveyed to Thomas A. Arnold as recorded in Clerk's Document Number D203464501, Tarrant County Deed Records; THENCE along the north line of said 17.609 acre tract as follows: North 89 degrees 01 minutes 26 seconds East, 169.95 feet to a one-half inch iron rod found for comer, said point being the southeast comer of said Arnold tract; North 00 degrees 29 minutes 07 seconds West, 90.11 feet to a one-half inch iron rod found for comer, said point being the southwest comer of Lot 1, Block 1, Heritage Avenue Middle School Addition, an addition to the City of Colleyville as recorded in Cabinet A, Slide 1192, Tarrant County Plat Records; North 89 degrees 30 minutes 57 seconds East, 1076.39 feet along the south line of . said Lot 1 to a one-half inch iron rod set for comer~said point being in the west line of . Heritage Avenue, said point being the northwest~mer of that 0.212 acre tract ofland ' conveyed to the City ofColleyville as recorded mVolume 11930, Page 1410, Tarrant County Deed Recorcts; , , ,,' " " THENCE South 01 degrees 09 minutes 54 seCo~ds East, 403.64 feet along the weSt line of Heritage Avenue to the POINT OF BEGINNING and containing 998,134 square feet or 22.914 acreS ofland. ' . . . . "This document was prepared under 22 TAC663.21, does not reflect the results ofan on the ground survey, and'is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." EXhibit C -Conceptual Site Plan flJ ~JJ2 ~,Sl" m liO ~tJJ ./9 ec Q) ::c Exhibit D -Open Space and Screening Plan IHI ri\ I I " J I III hi II , Jt.t.t. I J ., ~ .Jf i- a l! idl !! 1'1" " - . -0:: ;~ -:!l~ city Of cce~ PLANNING & ZONING COMMISSION AGENDA BRIEFING TexaS Meeting Date: January 9, 2006 \ Prepared by: I Chris Fuller ~ i Development Coordinator ( G-06-001 - Amendment to the Land Development Code to add Subject: Chapter 3.1, Oil and Gas Well Drilling and Production Regulations STAFF REVIEW COMMENTS Staff is proposing an addition to the Land Development Code to regulate oil and gas well drilling and production. The City Council discussed this item at the November 15, 2005, Pre-City Council Meeting and requested input and comments on the proposed new regulations from the Planning and Zoning Commission. A copy of Chapter 3,1, Oil and Gas Well Drilling and Productions Regulations, is attached for your consideration. The following is a brief summary of regulations proposed by the oil and gas drilling regulations: . General Special Use Permit (SUP) Requirement - In all zoning districts, it shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter engage in the drilling or production of an oil or gas well without first obtaining a SUP in accordance with the requirements of this Chapter, unless permitted within a Planned Unit Development Zoning District. . No drilling or production of an oil or gas well shall begin until the following have been approved: a. An oil or gas well development site plan that has been approved by the Chairman of the Development Review Committee is on file with the City that conforms to the requirements of the Land Development Code. b. An oil or gas well permit has been issued by the Fire Marshal in accordance with the requirements of the Land Development Code. . Well setbacks for oil or gas well permits: a. It shall be unlawful to drill, redrill, deepen, re-enter, activate or convert any well, the center of which, at the surface of the ground, is located; or b. Within 1 ,000 feet from any public park; or c. Within 1,000 feet from any residence, religious institution, public building, hospital building or school for which a building permit has been issued on the date of the application for an oil or gas permit is filed with the Fire Marshal; or Agenda Item No.3 - Page 1 d. Within 1,000 feet from any building used, or designed and intended to be used, for human occupancy; or e. Within 500 feet from any lease line as indicated on Texas Railroad Commission Form W-1, or recorded property, lot or tract line; or f. Within 500 feet from any existing storage tank, or source of potential ignition; or g. Within 500 feet of any public street, road, highway, or right-of-way line; or h. Within 100 feet of any building accessory to, but not necessary to the operation of the well; or i. Within 1,000 feet to any fresh water well. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: January 9,2006 City Council: February 7 and 21, 2006 RECOMMENDATION Approval ATTACHMENTS · Draft Ordinance Agenda Item No.3 - Page 2 ORDINANCE 0-06-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, ADDING CHAPTER 3.1, OIL AND GAS WELL DRILLING AND PRODUCTION, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENAL TV CLAUSE; AND AUTHORIZING PUBLICATION. 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 of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to add certain portions to the Land Development Code regarding oil and gas well drilling and production regulations; 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. THAT Chapter 3.1 - Oil and Gas Well Drilling and Production, of the Land Development Code, is hereby added in its entirety to read as shown in the attached as Exhibit "A", THAT Ordinance 0-00-1214, 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. Ordinance 0-06-XXXX Page 2 of 2 Sec. 7 . 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 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Land Development Code City of City of Collevville. 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""'1 ~, j Printed 01/06~' Section 3.1 -100 Purpose of This Chapter The purpose of this Chapter is to establish regulations which describe the process for the review and approval of oil and gas well drilling and production, but more specifically to: 1. establish reasonable and uniform limitations, safeguards, and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting, and storing of oil and gas and other substances produced in association with oil and gas within the corporate City of Colleyville limits; 2. provide for the safe, orderly, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, and general welfare of the community; 3. encourage appropriate protection to environmentally sensitive areas; 4. establish procedures for the review and approval of gas well site plans. Section 3.1 -105 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of the following: 1. Chapters 211, 212 and 401 -Texas Local Government Code, which authorizes a municipality to adopt rules governing zoning, site plans and subdivisions of land within the municipality's jurisdiction. 2. The Home Rule Charter of the City of City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 3.1 - 110 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code, Section 3.1 - 115 Definitions Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code. Section 3.1 -120 Special Use Permit (SUP) Required 1. General SUP Requirement - In all zoning districts, it shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter engage in the drilling or production of an oil or gas well without first obtaining a Special Use Permit in accordance with the requirements of this Chapter, unless permitted within a Planned Unit Development Zoning District. H....__....,.......__.__.___........______....____....__.........._....__.......__.__....___....__._...............____.........._.......____.........._._..,m._._m._____..._._..__.......__.__........____....-.......----.--....-----...--.--.----------.--------.--.------.-----.-----.----.- Chapter XX - Gas Well Drilling Page XX - 1 Land Deve/oomen! Code Citv of City of Colle wille. Texas No application for an oil or gas well development site plan or oil or gas well permit or any other application for drilling and production shall be approved until a SUP or Planned Unit Development (PUD) Zoning District has been approved. Denial of a SUP or PUD Zoning District for oil or gas well drilling and production shall be grounds for denial of any other permit applications pertaining to such use for the same land. 2. Review and Aoproval Procedures - Every application for a SUP for gas or oil well drilling shall be reviewed and considered using the same procedures for reviewing and considering a rezoning application as specified in Chapter 1 - General Provisions of this Land Development Code regarding legal advertisement, property owner notification and public hearings. Section 3.1 -130 Additional Approvals Required No drilling or production of an oil or gas well shall begin until the following have been approved: 1. An oil or gas well development site plan that has been approved by the Chairman of the Development Review Committee (DRC) is on file with the City that conforms to the requirements of the Land Development Code. 2. An oil or gas well permit has been issued by the Fire Marshal in accordance with the requirements of the Land Development Code. 3. No permits shall be approved for oil or gas well drilling and production on any land located within the 100- year f1oodway, unless specifically granted by the City Council during the SUP or PUD Zoning District approval process. 4. An oil or gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new well permit in accordance with the provisions of this section if the operator is re-entering and drilling an abandoned well. 5. No oil, gas well permit shall be issued for any well to be drilled on City of Colleyville owned property without the prior consent of City Council. Section 3.1 -135 General Site Plan and Permit Conditions The following shall be applicable to all gas well site plan and permit applications: A. It shall be the policy of the City of Colleyville to consider oil and gas well drilling and production as subject to the control of the City pursuant to the City of Colleyville Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. B. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land site planned for oil or gas well drilling and production in violation of this Chapter. C. All oil and gas well site plans shall conform to the rules and regulations set forth herein. D. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, if the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive provisions thereof shall apply. E. The provisions contained in this Chapter, shall be considered as the minimum requirements for review and approval of an oil or gas well site plan. F. An Oil or Gas Well Permit shall not be required for exploration for oil or gas. Exploration of oil or gas means geologic or geophysical activities, including, but not limited to surveying and seismic exploration, related to the search for oil, gas, or other sub-surface hydrocarbons. _.___._._.M.H._.___.___._____._..._._.__.__._.M....__.__._.____.____._.____._.__.__.'P_.._.______.__.____.__....______.H.M.M.___.__.__.___.__._.H.____._____._____.__._____.__.___..___._.__....._._____._._.M.M.__._._._..__...... Chapter XX - Gas Well Drilling Page XX - 2 Land Development Code City of City of Cot/ewille. Texas Section 3.1 - 140 Approval Process and Administrative Procedures The Community Development Department shall forward all applications for SUPs and PUD Zoning Districts to the DRC for review. The DRC shall review each application and shall make recommendations regarding the applications to the Planning and Zoning Commission and City Council. The DRC may make recommendations regarding any aspect of the proposed oil or gas well development including, but not limited to, recommendations with respect to the standards set forth in Section 3.1. Section 3.1 -145 Required Site Plan Information The applicant requesting gas well drilling and production approval shall submit the required number of copies of a site plan drawing as determined by the Administrative Official and which complies with this Section. A. Identify truck routes to the well site, including: 1, Tabularized summary of non-TXDOT roads that will be used, and; 2. lengths of each road that will be used to access the site. B. Identify location and dimension at existing or proposed driveway{s) to be used. C. Identify the 1 OO-year flood plain. D. Show location of all structures within 100 feet of the gas well. E. Identify the proposed source at water. F. Identify and show the proposed method of erosion control. G. Identify the location of proposed lease lines and property lines. 1. label distance between wells and property lines; 2. label distance between wellheads and structures within 1,000 feet of wellheads. 3. Label distance between temporary holding ponds and floodplains. H. Show location of all proposed underground pipelines. As built drawings shall be filed with the Engineering Department. All pipelines proposed in the public right-ot-way shall require a Right-of-way Use Agreement. I. Identify if pipelines connect with a Gas Distribution System. J. General Requirements: 1. Property Owner IMineral Lessee I Mineral Owner / Gas Well Operator - The names and addresses of the current owner ot record, mineral lessee, minerals owner and gas well operator. 2. Surveyor Name - The name, address and telephone number of the surveyor responsible for the site plan which shall contain the seal of a Texas Registered Professional Land Surveyor. 3. Gas Well Name - Title block containing the proposed name of the gas well{s), acres in lease, survey, and jurisdiction. 4. Location Map - A location map showing the tract by reference to streets or highways. 5. Date - The date the site plan was prepared. 6. Scale & North Arrow - The site plan shall be prepared at a numerical scale no greater than one (1) inch equals one hundred (100) feet unless approved by the Administrative Official responsible for Chapter XX - Gas Well Drilling Page XX - 3 ~~"'____,.." _"'.N'"'''~~',_____;" Land DevelODment Code City of City of Colle wille. Texas subdivision review. A graphic scale symbol shall be placed on the drawing with a north arrow indicating the approximate true north. 7. Development Boundary Lines - The development boundary lines shall be shown in heavy lines so as to provide a differentiation with the internal features of the area being proposed for site planting. The location and dimensions of all boundary lines of the property shall be expressed to the nearest hundredth foot. 8. Metes and Bounds Description - A written metes and bounds description of the property shall be shown on the site plan and be capable of reproducing such lines upon the ground with a closure error of less than 1 :25,000. The legal description shall include reference to an original surveyor subdivision corner, and the Texas NAD83 State Plane Coordinate System. The legal description shall include the acreage of the total area of the proposed subdivision and be consistent with the subdivision boundary. The legal description shall contain information to show the last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. 9. Adjacent Properties - All property lines, streets and easements on lands immediately adjacent to and contiguous with the perimeter of the proposed subdivision and extending one hundred (100) feet shall be shown with the names of the owners as shown on the most current Tax Assessor's files. 10. Street Rights-of-Way - The width of all public street rights-of-way shall be shown on the site plan. The general location and width shall be consistent with the Master Thoroughfare Plan. Dimensions shall be shown for all curves, The distance from the centerline of any existing roadway of a boundary street to the proposed subdivision shall be shown to determine the adequacy of right-of-way along the route and to determine if additional right-of-way is necessary to accommodate the proposed street. 11. Permanent Structures - The location and general outline of any existing permanent structures, parking lots, driveways, and other significant structures. 12. City Limit Lines - The location of the city limit boundaries of the City of Colleyville and any adjacent city shall be shown on the site plan. 13. Easements - The location and dimension of all existing or proposed easements shall be shown on the site plan drawing indicating whether such easement is for any specific purpose. 14. Sheet Size - Map sheets shall be twenty-four by thirty-six (24"x 36") inches. Sheets shall be numbered in sequence if more than one (1) sheet is used and an index sheet provided with match lines, 15. Site plan Notes and Conditions - When appropriate, the site plan shall contain a listing of any site plan notes and site plan conditions in a readily identifiable location with each note numbered consecutively. 16. Street Names - All street names shall be shown on the site plan. New street names shall be sufficiently different in sound and in spelling from other street names in the city to avoid confusion. The continuation of an existing street shall bear the same name. 17. Lot Areas - The area for each lot expressed in square feet shall be shown on the site plan. 18. Survey Notes - The Final Site plan shall be accompanied by one (1) set of surveyor's closure notes for the boundary of the subdivision. The notes shall be referenced in the same manner as the site plan. 19. Certification Blocks - All site plans shall contain the appropriate certification blocks which shall be similar to those shown. Section 3.1 - 150 Violations Chapt~r xx - Gas Well Drilling Page XX - 4 Land Development Code City of City of Col/evvi/le. Texas Any person violating or failing to comply with any provision or requirement of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum amount provided in this chapter. A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. Section 3.1 - 155 Standards for Oil and Gas Well Drilling and Production A. On-site Requirements. 1. Entrance Gate: A secured entrance gate shall be required and signs identifying the entrance to the drill site or operations site shall be reflective. 2. Fencing: All drilling features including storage pits shall be fenced to prevent access, unless 24-hour supervision is provided. When not supervised, all fences shall remain locked. 3. Illegal Dumping: No person shall place, deposit, or discharge any oil, naptha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including wastewater or brine, from any oil or gas operation or the contents of any container used in connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain, any body of water, or any private property within the corporate limits or ET J of the City of City of Colleyville. 4. Fire Suppression: All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator's cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. 5. Pit Lining: Pit liners shall be designed, constructed, and installed to prevent any migration of materials from the pit into adjacent subsurface soils, ground water, or surface waters at any time during the life of the pit. All lined pits shall adhere to the liner standards set forth by the Railroad Commission. 6. Screening: All well heads, storage tanks, separation facilities or other mechanical equipment shall be screened with a 6-foot high solid screen fence, good side facing from the gas or oil well. 7. Closed-loop drilling fluid systems: Closed-loop drilling fluid systems shall be used instead of lined reserve pits. 8. Discharge: No person shall place, deposit, discharge, or cause or permit to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including wastewater or brine from any oil and/or gas operation, or the contents of any container used in connection with any oil and/or gas operation in, into, or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain or any body of water or any private property in the City of Colleyville. 9. Drilling fluids: Low toxicity glycols, synthetic hydrocarbons, polymers, and esters shall be substituted for conventional oil-based drilling fluids. 10. Drilling fluid storage pits: No drilling fluid storage pits shall be located within the City of Colleyville. 11. Drill stem testing: All open hole formation or drill stem testing shall be done during daylight hours. Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate oil and/or gas separator to storage tanks and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe. 12. Signs: a. A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing. Such sign shall be durable material, maintained in good condition and, unless otherwise required by the commission, shall have a surface area of not less than two square feet nor more than four square feet and shall be lettered with the following: Chapter XX - Gas Well Drilling Page XX - 5 '"'--......._--,--.,-,~-".".........."-..~,~ Land Development Code City of City of Collewille. Texas i. Well name and number; ii. Name of operator; iii. The emergency 911 number; and iv. Telephone numbers of two persons responsible for the well who may be contacted 24 hours a day incase of an emergency. b. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the fire chief of the City of Colleyville. Sign lettering shall be four inches in height and shall be red on white background or white on a red background. Each sign shall include the emergency notification numbers of the fire services department and the operator, well and lease designations required by the commission B. Operations and Equipment Standards. 1. During fracing process: a. "f1owback" operations to recover fluids used during fracture stimulation shall be performed during daylight hours; b. a watch person shall be required at all times during such operations; and c. at no time shall the well be allowed to flow or vent directly to the atmosphere without first directing the flow through separation equipment or into a portable tank. 2. Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise, and vibration. 3. Directional lighting shall be provided for the safety of oil or gas well drilling and production operations and shall be provided so as to not disturb or adversely affect adjacent developments. 4, The operator shall, at all times, comply with the rules and regulations of the Railroad Commission including but not limited to all applicable Field Rules. 5. Only electric motors will be used for the purpose of pumping oil or gas. Internal combustion engines may be used in drilling operations if they have mufflers that will reduce noise to not more than 90 decibels at any point 300 feet from the boundary of the drill site or operation site. 6. No venting of gas into the open air in residential areas except as allowed by the Railroad Commission and as approved by the Fire Marshal. 7. Only Light Sand Fracture Technology or technologies approved by the Fire Marshal in accordance with the Fire Code shall be used to fracture stimulate a well. 8. Air, gas, and pneumatic drilling shall not be permitted. 9. Written notices must be provided, by the operator, to property owners within 1,000 feet 72 hours prior to the commencement of fracture activities. 10. No storage tanks or separation facilities shall be placed in the 100-year floodplain. 11, The operator shall place an identifying sign at each point where the flow line or gathering line crosses a public street or road. 12. Structures shall not be built or placed over flow lines or gathering lines. 13. Landscaping: Screening shrubs shall be installed completely around the well site and all fences and be sufficient to screen from view the structures sought to be screened. Screening shrubs shall be a minimum of three feet in height at planting, have the potential to grow to a mature height of a maximum of five feet and, if necessary, must have an installed irrigation system that provides total water coverage to all plant materials. The vegetation or berms shall be kept in an attractive state and in good condition at all times by the applicant or operator. All landscape and irrigation plans shall be submitted to the DRC for approval. _.__.__~.___.____.____.__.____________.~_.__'_'~'M_'_'__.___.______._____.__....__.__.___.___......_________...._.___.......___.M....__.__________....___..__.__._.__._...._._._____._._______.M._...._M.__.__......._.___._.__......M'M Chapter XX - Gas Well Drilling Page XX - 6 Land Development Code City of City of Collewille. Texas 14. Vehicle routes for oil and gas well permits. Vehicles associated with drilling andlor production in excess of three tons shall be restricted to such streets designated as arterials, collectors or local commercial as delineated in the City of Colleyville's thoroughfare plan. The vehicles shall be operated on state arterials whenever capable of being used. Such vehicles shall be operated only on City of Colleyville arterials, collectors and local commercial only when it is not possible to use a state arterial to fulfill the purpose for which such vehicle is then being operated. 15. Work hours for oil and gas well permits: Site development, other than drilling, shall be conducted only between 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to between the above same work hour restrictions except in cases of fires, blowouts, explosions, and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. The operator may request a variance from the oil and gas board of appeals, pursuant to section 3.1-110 ofthis article. 16. Noise restrictions for oil and gas well permits: a. No drilling producing or other operations shall produce a sound level greater than 78 dB(a) when measured at a distance of 300 feet from the production equipment in question. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four or more diametrically opposite positions, four feet above ground level, when measured at a distance of 300 feet from the production equipment. A maximum sound level of 85 dB(a) shall apply to formation fracturing when measured at a distance of 300 feet from the production equipment in question. b. No person shall operate or permit to operate in connection with the operation of a producing well any engine, compressor or motor-driven machinery of any type which creates a sound level greater than 65 dB(a) when measured at a distance of 300 feet form the well site. The noise level shall be the average of sound level meter readings taken consecutively at any given time from four or more diametrically opposite positions measured at a distance of 300 feet from the well site. 17. Installation of pipelines on, under or across public property: The operator shall apply to the City of City of Colleyville for an agreement on, over, under, along or across the City of City of Colleyville streets, sidewalks, alleys and other City of Colleyville property for the purpose of constructing, laying, maintaining, operating, repairing, replacing and removing pipelines so long as production or operations may be continued under any oil, gas, or combined well permit issued pursuant to this article. Operator shall: a. Not interfere with or damage existing water, sewer or gas lines or the facilities of public utilities located on, under or across the course of such rights-of-way. b. Furnish to the director of development of the City of Colleyville a site plan showing the location of such pipelines. c. Construct such lines out of pipe in accordance with the City of Colleyville codes and regulations properly cased and vented if under a street; d. Grade, level and restore such property to the same surface condition, as nearly as practicable, as existed when operations for the drilling of the well were first commenced. e. All required agreements pursuant to this division shall be completed, reviewed, and resolved by the City of Colleyville engineer, City of Colleyville attorney, City of Colleyville city manager, and, if required, by City Council, prior to the determination of any oil, gas, or combined permit as administratively complete. 18. Flow lines and gathering lines: a. Operator shall place an identifying sign at each point where a flow line or gathering line crosses public street or road. b. Operator shall place a warning sign for lines carrying H2S (hydrogen sulfide) gas as required by the commission and all other applicable state or federal regulatory agencies. c. All flow lines and gathering lines within the corporate limits of the City of Colleyville (excluding City of Colleyville utility lines and franchise distribution systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable operating pressure applicable to the ___._.___....__...___.H.__.H._.H.H.H.H....__.__.H._____.H.__.........._............__........___.__.__.__.________________...._____.__.H...._._____......._____.___.____.____.----.........----.---.-----....-.--------.------....-.--.----",-'---''''-'--'-'- Chapter XX - Gas Well Drilling Page XX - 7 Land Development Code City of City of Col/ewille. Texas pipes installed and shall be installed with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended. d. Structures shall not be built over flow lines or gathering lines. 19. No oil, gas, or combined well permit shall be issued for any well to be drilled within any of the streets or alleys of the City of Colleyville, and no street or alley shall be blocked or encumbered or closed due to any exploration, drilling or production operations unless prior consent is obtained from the City of Colleyville engineer. Any consent from the oil and gas inspector shall be temporary in nature and state the number of hours and/or days that any street or alley may be blocked, encumbered or closed. C. Environmental Safety Standards. 1. Erosion control practices shall be conducted for all oil or gas wells. Compost berms that are at least 1-foot high and 2-feet wide, or equivalent erosion devices, shall be installed so that all portions of the well pad that may drain off-site are contained. 2. Damage resulting from sedimentation and I or erosion shall be repaired immediately. 3. Gas or oil wells may have a target location or bottom-well hole location that is under the f100dway when the gas or oil well is drilled direction ally from a location outside such areas. 4. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve to the well distribution line. 5. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank. 6. All storage tanks shall be anchored for stability. 7. All storage tanks shall be equipped with either steel or concrete secondary containment systems including lining with an impervious material. The secondary containment system shall be of a sufficient height to contain one and one-half (1 ~) times the contents of the largest tank in accordance with the Fire Code. Drip pots shall be provided at pump out connections to contain the liquids from the storage tank. 8. Outdoor storage areas shall be equipped with a secondary containment system designed to contain a spill from the largest individual vessel. If the area is open to rainfall, secondary containment shall be designed to include the volume of a 24-hour rainfall as determined by a 25-year storm and provisions shall be made to drain accumulations of ground water and rainfall. 9. Tank battery facilities shall be equipped with a remote foam line and a lightning arrestor system. 10. No structures shall be built over an abandoned well. 11. No oil or gas well drill sites shall be allowed on slopes greater than ten (10) percent. 12. No salt-water disposal wells shall be located within the City of City of Colleyville. 13. No oil, gas, or combined well permit shall be issued for any well to be drilled within 750 feet of a floodplain. 14. For floodplains identified by the Federal Emergency Management Agency (FEMA) on the most current federal insurance rate map (FIRM), except for zones A or X, the distance measurement from the proposed well bore shall be calculated as a straight line, without regard to intervening structures or objects, to the closest exterior point of the base flood elevation topographic contour. 15. For all areas within the City of Colleyville's corporate limits, in which the proposed well bore is within 775 feet of any type of surface water conveyance, including, but not limited to, creeks, streams, .__.H.H._.H.N.H._._.__._.H.__.H.H._.___......__._.__..__._____.______.H._.H.__.__._____.____.__.___________.N.________.____.H._.___._______._.H__._._.H.H.__._.H._.___.___._.__.H.H.__.H.__.____._____.H___.H._.____._._'__'_'H'H__.___'H'__'H.__'_'_'__'H'_ Chapter XX - Gas Well Drilling Page XX - 8 Land Develooment Code City of City of Collewille. Texas drainage ditches, or other constructed storm water conveyance systems, calculating distance in a straight line from the conveyance centerline, an approximate flood study shall be prepared by the applicant and approved by a City of Colleyville engineer. Upon completion of the approximate flood study, if the City of Colleyville engineer determines that the proposed well bore is within 100 feet of any type of surface water conveyance, or other flood hazard area, then a detailed flood study shall be prepared by the applicant and approved by the City of Colleyville engineer. 16. No oil or gas well permit will be issued for any well where the center of the well at the surface of the ground is located within 250 feet of an existing fresh water well intended for domestic use. 17. The contents of any pit shall always be maintained at least 2 feet below the top of the pit. 18. Fencing shall be installed to restrict access to open water reservoirs utilized in oil or gas well drilling operation at a drill site within the corporate limits of the City. 19. After the well has been completed, or plugged and abandoned, the operator shall clean and repair all damage to public property caused by such operations within thirty (30) days. 20. After any spill, leak or malfunction, the operator shall remove or cause to be removed all waste materials from any public or private property affected by such spill, leak or malfunction. Cleanup operations shall begin immediately. 21. The drill site shall at all times be kept free of debris, pools of water or other liquids, contaminated soil, weeds, brush, trash or other waste material outside the drill site within a radius of one hundred (100) feet around any separators, tanks and producing wells within the leased property. 22. Drilling mud pits shall adhere to the following requirements: a. Only freshwater-based mud systems shall be permitted. Saltwater~based mud systems and oil- based mud systems are prohibited. b. No metal additives may be added to any drilling fluids. c. All fluid produced from the well during completion of production shall be held in enclosed containers while stored on the property. d, The pit and its contents shall be removed from the premises within ninety (90) days after completion of the well; provided, however, that the permittee may apply for a 90 day extension from such requirements based on showing of good cause, necessity to maintain said pit, inclement weather, or other factors. The City may designate a period of time shorter than the 90- day extension set out herein. 23. A copy of the hazardous materials management plan as required by the City of Colleyville's Fire Marshal's office. In addition to the hazardous materials management plan, all material safety data sheets (MSDSs) for all hazardous materials that will be located, stored, transported, andlor temporarily used on the drilling site shall be provided to the oil and gas inspector and Fire Marshal. 24. A copy of the emergency response plan as required by the City of Colleyville's Fire Marshal's office. 25. A copy of the determination by the Texas Commission on Environmental Quality of the depth of useable quality ground water. D. Setback Distances. 1. Wells setbacks for gas or oil well permits: a. It shall be unlawful to drill, redrill, deepen, re-enter, activate or convert any well, the center of which, at the surface of the ground, is located; or b. Within 1,000 feet from any public park; or c. Within 1,000 feet from any residence, religious institution, public building, hospital building or school for which a building permit has been issued on the date of the application for a drilling permit is filed with the Fire Marshal; or d. Within 1,000 feet from any building used, or designed and intended to be used, for human occupancy; or Chapter XX - Gas Well Drilling Page XX - 9 Land DevefoDment Code City of City of COffevville, Texas e. Within 500 feet from any lease line as indicated on Texas Railroad Commission Form W-1, or recorded property, lot or tract line; or f. Within 500 feet from any existing storage tank, or source of potential ignition; or g. Within 500 feet of any public street, road, highway, or right-of-way line; or h. Within 100 feet of any building accessory to, but not necessary to the operation of the well; or i. Within 1,000 feet to any fresh water well; or j. The measurement of all distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the any object listed in a. through h. above. k. For purposes of this section, a "building used, or designed and intended to be used, for human occupancy" means an enclosed space, other than a residence, in which individuals congregate for amusement or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress, light, and ventilation facilities." 2. The distances set out in this may be reduced at the discretion of the City Council. 3. Tank batteries, well facilities and equipment shall be located at least 1,000 feet from any public park, or from any residence, religious institution, public building, hospital building or school, or any other building used, or designed and intended to be used, for human occupancy, for which a building permit has been issued on the date of the application for a drilling permit is filed. The distance shall be calculated from the closest tank batteries, well facilities andlor equipment, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building. Section 3.1 - 160 Insurance and Indemnification The operator shall provide or cause to be provided the insurance described below for each well for which a Gas or Oil Well Permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator may provide the required coverage on a "blanket basis for multiple wells". Such coverage shall be approved by the City Attorney for the City of City of Colleyville. A. General Requirements. Indemnification and Express Neqliqence Provisions. 1. Each Gas Well Permit issued by the City shall include the following language: Operator does hereby expressly release and discharge, all claims, demands, actions, judgments, and executions which it ever had, or now have or may have, or assigns may have, or claim to have, against the City of Colleyville, and/or its departments, it agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a gas or oil well permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Oil or Gas Well Permit and work performed by the operator shall fully defend, protect, indemnify, and hold harmless the City of Colleyville, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the City of Colleyville, Texas, and/or its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by Operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the Operator under a Gas or Oil Well Permit and, the Operator agrees to indemnify and hold harmless the City of Colleyville, Texas, andlor its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the City and/or, its departments, it's officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the City of Colleyville occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas or oil wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF COLLEYVILLE OCCURRNG ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS OR OIL WELLS. IT IS UNDERSTOOD Chapter XX - Gas Well Drilling Page XX - 10 Land Develooment Code City of City of Collewille. Texas AND AGREED THAT THE INDEMINITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF COLLEYVILLE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYES FROM THE CONSEQUENCES OF THENEGLlGENCE OF THE CITY OF COLLEYVILLE, TEXAS ANDIOR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS OR OIL WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. 2. All policies shall be endorsed to read "this policy will not be cancelled or non-renewed without 30 days advanced written notice to the owner and the City except when this policy is being cancelled for nonpayment of premium, in which case 10 days advance written notice is required". 3. Liability policies shall be written by carriers licensed to do business in Texas and with companies with A: VIII or better rating in accordance with the current Best Key Rating Guide, or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas approved by the City. 4, Liability policies shall name as "Additional Insured" the City and its officials, agents, employees, and volunteers. 5. Certificates of insurance shall be presented to the City evidencing all coverage's and endorsements required by this Section, and the acceptance of a certificate without the required limits and/or coverage's shall not be deemed a waiver of these requirements. 6. Claims made policies will not be accepted except for excess policies or unless otherwise provided by this Chapter. B. Required Insurance Coveraqe's. 1. Commercial General Liability Insurance. a. Coverage should be a minimum Combined Single Limit of $1,000,000 per occurrence for Bodily Injury and Property Damage. This coverage shall include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, broad form property damage, independent contractor's protective liability and personal injury. b. Environmental Impairment (or Seepage and Pollution) shall be either included in the coverage or written as separate coverage, Such coverage shall not exclude damage to the lease site, If Environmental Impairment (or Seepage and Pollution) Coverage is written on a "claims made" basis, the policy shall provide that any retroactive date applicable precedes the effective date of the issuance of the permit. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. 2. Automobile Liability Insurance. Minimum Combined Single Limit of $500,000 per occurrence for Bodily Injury and Property Damage. Such coverage shall include owned, non-owned, and hired vehicles. 3. Worker's Compensation Insurance. In addition to the minimum statutory requirements, coverage shall include Employer's Liability limits of at least $100,000 for each accident, $100,000 for each employee, and a $500,000 policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the City, its officials, agents, employees, and volunteers for any work performed for the City by the operator. 4. Excess (or Umbrella) Liability Insurance. A minimum limit of $10,000,000, covering in excess of the preceding insurance policies. 5. Control of Well Insurance: __.__._.____.___._.._.__._....__....M.M._____.__.__.........-------....---.-.-.-----.-.-.-....----....--.......-.--....---..........-...-....--.......-.--.--.-.-..........-.......--.....--.........-.--.............---....-.----.--.-.-.--.-........--.......-....---.-.-..........-.-.....--.-.---... Chapter XX - Gas Well Drilling Page XX - 11 Land Develooment Code City of City of Collevville. Texas a. Minimum limit of $5,000,000 per occurrence. b. Policy shall cover the Cost of controlling a well that is out of control, Re-drilling or Restoration expenses, Seepage and Pollution Damage. Damage to Property in the Operator's Care, Custody, and Control with a sub-limit of $500,000 may be added. 6. Security: a. A security instrument that covers each well shall be delivered to the Fire Marshal before the issuance of the Gas or Oil Well Permit for the well. The instrument shall provide that it cannot be cancelled without at least thirty 30 days' prior written notice to the City and, if the instrument is a performance bond, that the bond cannot be cancelled without at least ten 10 days' prior written notice for non-payment of premium. The instrument shall secure the obligations of the operator related to the well to: i. Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by the Gas or Oil Well Permit; ii. Comply with the insurance and security provisions set forth in this Section; and iii. Pay fines and penalties imposed upon the operator by the City for any breach of the Gas or Oil Well Permit. b. The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a bank or surety approved by the City. The instrument shall run to the City for the benefit of the City, shall become effective on or before the date the Gas or Oil Well Permit is issued, and shall remain in effect until the well is abandoned and the site restored. c. A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate shall be issued by a bank in the City of Colleyville County, Texas, shall be approved by the City, shall be payable to the order of the City to secure the obligations of the operator described above, and shall be pledged to the bank with evidence of delivery provided to the Fire Marshal. Interest on the certificate shall be payable to the operator. d. The security instrument may be provided for individual wells or on a "blanket" basis for multiple wells. The amount of the security shall be a minimum of $50,000 for any single well and a minimum of $100,000 for multiple wells on a "blanket" basis. e. The security will terminate when the Gas or Oil Well Permit is transferred, with respect to the operator-transfer or and if the operator-transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the Fire Marshal consents in writing to such termination. f. An appeal of the determination of the amount of security required under this Chapter may be made to the Planning and Zoning Commission for recommendation to the City Council for final determination of the amount of security. Section 3.1 - 165 Gas or Oil Well Permit Approval The Director of Public Works may condition the release of the approved Gas or Oil Well Permit upon the operator providing the security required by Chapter 3.1 and upon the operator entering into a Road Repair Agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to, bridges caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by the approved Gas or Oil Well Permit. A The failure of the DRC or the Fire Marshal to review and issue a Gas or Oil Well Permit within 30 days shall not cause the application for the permit to be deemed approved. Chapter XX - Gas Well Drilling Page XX - 12 Land Deve/ooment Code City of City of Colle wille. Texas B. Each Gas or Oil Well Permit issued by the Fire Marshal shall: 1. Identify the name of each well and its operator; 2. Specify the date on which the Fire Marshal issued each permit; 3. Specify the date by which drilling shall commence on at least one well covered by the permit otherwise the permit expires (such date shall not be less than one year after the date of issuance); 4. Specify that if drilling is commenced on at least one well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site restored; 5. Incorporate, by reference, the insurance and security requirements set forth in Chapter 3.1; 6. Incorporate, by reference, the applicable rules and regulations of the Railroad Commission, including the applicable "field rules"; 7. Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by Chapter 3.1 ; 8. Contain the name, address, and phone number of the person designated to receive notices from the City, which person shall be a resident of Texas that can be served in person or by registered or certified mail; and 9. Incorporate by reference all permits and fees required. Section 3.1 - 170 Emergency Reporting A. Requirement to report emergencies: 1. The operator shall immediately notify the oil and gas inspector and Fire Marshal of any incident resulting in product loss from a hydrocarbon storage facility or pipeline facility, blowout, fire, explosion, incident resulting in injury, death, or property damage, or any other significant incidents as defined by the commission. 2. A written report, containing a brief summary of the incident, shall be submitted to the oil and gas inspector by 5:00 p.m. on the first business day of the City of Colleyville following the incident, and a duplicate report shall be submitted to the Fire Marshal by the same time. 3. A follow-up report shall be submitted to the oil and gas inspector and the Fire Marshal within 30 days following the incident. The operator responsible for the follow-up incident report shall include the following information: i. Operator/applicant name, phone number, addresses, and, if possible, e-mail address. ii. Description of the incident, including, but not limited to, the time, date, location, and cause of the event. iii. Duration of the incident, that is, when the it began and when it terminated to the degree that it no longer constituted a hazard to the health, safety, and well-being of persons or property, regardless of the distance or separation from the place of incident. iv. How the incident was brought under control and/or remedied. v. A full and complete description of the type of intercompany investigation or other investigation or inquiry that was made concerning the incident, the findings or results of such inquiry or investigation, and the action taken as a result of the findings and inquiry concerning the prevention of the existence of future hazards. vi. Signed and dated by the person responsible for such report. 4. The operator shall provide a copy of any "incident reports" or written complaints submitted to the Texas Railroad Commission within 30 days after the operator has notice of the existence of such reports or complaints. This shall include, but not be limited to, notification of any reportable quantity releases of oil, natural gas, andlor associated minerals, chemicals, or solid andlor liquid wastes, pursuant to regulatory requirements established by the commission, and notification to the Fire Marshal of any fire, and/or equipment strikes by lightning. 5. Beginning on December 31S\ after each well is completed, and continuing on each December 31st thereafter until the operator notifies the oil and gas inspector that the well has been abandoned and the site restored, the operator shall submit a written report to the Fire Marshal identifying any changes to the information that was included in the application for the applicable permit that have not been previously reported to the City of Colleyville. ~._____.____.___~.___._.___.________.___._'_'N'_'N'_'_._....__._._.___.___._._._._.__._.__.~._....__.___.____....__.....___.__H.__.__.H.___.____.____.__.__.___.__....--...................--..-.-----.-......-.......--.---.......--.-'--,,,,,,'---'--'--'---'-'--"'-'''''' Chapter XX - Gas Well Drilling Page XX - 13 Land Development Code City of City of Collewille. Texas Section 3.1 -175 Periodic Reports A. The operator shall notify the Fire Marshal of any changes to the following information immediately, within one business day after the change occurs. 1. The name, address, and phone number of the operator; 2. The name, address, and 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities; 3. The name, address, and phone number of the person designated to receive notices from the City, which person shall a resident of Texas that can be served in person or by registered or certified mail; 4. The operator's Emergency Action Response Plan including "drive-to-maps" from public rights-of way to each drill site. B. The operator shall provide a copy of any "incident reports" or written complaints submitted to the Texas Railroad Commission or any other state or federal agency within 30 days after the operator has notice of the existence of such reports or complaints. C. Beginning on December 31s" after each well is completed, and continuing on each December 31st thereafter until the operator notifies the Fire Marshal that the well has been abandoned and the site restored, the operator shall prepare a written report to the Fire Marshal identifying any changes to the information that was included in the application for the applicable Gas or Oil Well permit that have not been previously reported to the City. Section 3.1 - 180 Notice of Activities A. Any person who intends to re-work a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the City at least 10 days before the activities begin. B. Written notices must be provided, by the operator, to all residences within 1,000 feet of a well, 24 hours prior to fracing of a wellhead. C. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted. D. The notice shall also provide the address and 24-hour phone number of the person conducting the activities. E. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and 24-hour phone number of the person conducting the activities. Section 3.1 -185 Remedies of the City A. If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of a Gas or Oil Well Permit (including any requirement incorporated by reference as part of the permit), the Fire Marshal shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than 30 days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator's failure to provide periodic reports. The Fire Marshal may issue a Stop Work Order under the Fire Code. _._~.__.__.__._____._.____.__.__.___._._____.___.___._._.__.__._.__._._______.___....__________._._________.H.__._______.__.__.__.H.H.__._______._______.H._.___._---.--.-.------.--.-- Chapter XX - Gas Well Drilling Page XX - 14 Land Develooment Code City of City of Colfevville. Texas B. If the operator does not cure the alleged failure within the time specified by the Chapter 3.1, the City Attorney may notify the Texas Railroad Commission and request that the Texas Railroad Commission take appropriate action (with a copy of such notice provided to the operator), and the City may pursue any other remedy available . C. If the operator does not cure the alleged failure within the time specified by Chapter 3.1, the Fire Marshal may: 1. Recommend to the City Council that the Gas or Oil Well Permit be suspended until the alleged failure is cured; or, 2. If the operator fails to initiate and diligently pursue a cure recommend to the City Council that the Gas or Oil Well Permit be revoked. D. The decision of the Fire Marshal to recommend suspension or revocation of a Gas or Oil Well Permit shall be provided to the operator in writing at least ten (10) days before any action by the City Council unless the alleged failure present a risk of imminent destruction of property or injury to persons E. If a Gas or Oil Well Permit is revoked, the operator may submit an application a new Gas or Oil Well Permit for the same well. Section 3.1 - 190 Enforcement and Right of Entry A. The Fire Marshal is authorized and directed to enforce this Chapter and the provisions of any Gas or Oil Well Permit. Whenever necessary to enforce any provision of this Chapter or a Gas Well Permit, or whenever there is reasonable cause to believe there has been a violation of this Chapter or a Gas or Oil Well Permit, the Fire Marshal, or the designated representative, may enter upon any property covered by this Chapter or a Gas or Oil Well Permit at any reasonable time to inspect or perform any duty imposed by this Chapter. If entry is refused, the City shall have recourse to every remedy provided by law and equity to gain entry. B, It shall be unlawful and an offense for any person to do the following: 1. engage in any activity not permitted by the terms of a Gas or Oil Well Permit issued under this Chapter; 2, fail to comply with any conditions set forth in a Gas or Oil Well Permit issued under this Chapter; 3. violate any provision or requirement set forth under this Chapter. Section 3.1 - 195 Plugged and Abandoned Wells A. Whenever abandonment occurs pursuant to the requirements of the Texas Railroad Commission, the operator so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this article. B. Abandonment shall be approved by the Fire Marshal after restoration of the drill site has been accomplished in conformity with the following requirements at the discretion of the Fire Marshal: 1. The derrick and all appurtenant equipment thereto shall be removed from drill site; 2. All tanks, towers, and other surface installations shall be removed from the drill site; 3. All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the Texas Railroad Commission; 4. All holes and depressions shall be filled with clean, compactable soil; 5. All waste, refuse or waste material shall be removed from the drill site; and 6. During abandonment, operator shall comply with all applicable sections in this article. C. The operator shall furnish the following at the discretion of the Fire Marshal: 1. A copy of the approval of the Texas Railroad Commission confirming compliance with all abandonment proceedings under the state law; and 2. A notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated. Chapter XX - Gas Well Drilling Page XX - 15 Land Development Code City of City of Colle wille. Texas D. All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the Texas Railroad Commission prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well. Chapter XX - Gas Well Drilling Page XX - 16 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Subject: January 9, 2006 Prepared by: I Barry LeBaron, I Develo ment Direc G-06-002 - PUBLIC HEARING - Amendment to Chapter Review Procedures of the Land Development Code Meeting Date: STAFF REVIEW COMMENTS The City of Colleyville is proposing a number of revisions to the subdivision regulations contained in Chapter 8 of the Colleyville Land Development Code. This particular chapter describes the procedures used by the Planning and Zoning Commission and the City Council to review and process subdivision plat applications. The purpose of the proposed revisions is to clarify and streamline the regulations for efficiency and to bring the regulations into compliance with recent changes to the State enabling legislation regarding subdivision plats. Enclosed is a draft copy of the subdivisions regulations which shows the proposed changes marked for deletion and addition. Attached to the proposed ordinance as Exhibit "A" is a copy of Chapter 8 which reflects the regulations after all of the proposed changes have been made. In December 2005, staff mailed copies of the proposed revisions to area developers, surveyors and engineers that have been active in subdivision processing over the past few years to seek their comments and input. Written comments were received from Moak Surveyors, Inc. regarding language changes for metes and bounds requirements and signature blocks as recommended by the Texas State Board of Land Surveyors. These comments have been incorporated into the proposed revisions. The Planning and Zoning Commission reviewed and discussed the proposed revisions at a workshop held on December 5, 2005, Upon recommendation from the Planning and Zoning Commission, the City Council is scheduled to consider the proposed revisions at 7:30 p.m. on February 7 and 21,2006. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: January 9,2006 City Council: February 7 and 21,2006 RECOMMENDATION Approval Agenda Item No.4 - Page 1 ATTACHMENTS . Current Regulations Showing Proposed Changes · Draft Ordinance Agenda Item No.4 - Page 2 Current Regulations Showing Proposed Changes City of Colleyville, Texas, Land Development Code Proposed Revisions Section 8-100 Purpose of This Chapter The purpose of this Chapter is to establish regulations which describe the process for the review and approval of subdivision plats, but more specifically to: 4.A.provide for the safe, orderly, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, and general welfare of the community; ~.B.encourage the orderly development of the city through appropriate growth management techniques assuring the timing and sequencing of development, promoting in-fill development in existing neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and open space separation of urban areas; 3.C.encourage appropriate protection to environmentally sensitive areas; 4.Q,ensure that public facilities and services are available, and previ€le a€lB€lblats aR€I elfisisRt traRspeF-tatiEm, v:ater, sBwera~B, €lraiRa!!lB GlR€I etRsr pblBlis fasilities. 8.~sstGlBlisR st:aR€lar€ls sf €lssi!!lR klr pblBlis fasilities, BR€I i.E.establish procedures for the review and approval of subdivision plats. Section 8-105 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of the following: 4.~. Chapter 212 - Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. ~.!fl..Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality, 3.Q. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution ~ and laws of the State of Texas. Section 8-110 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code. Section 8-115 Definitions Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code. Chapter 8 - Plat Review Procedures Page 8 - 1 City of Colleyville, Texas, land Development Code Section 8-120 Plat Approval Required It shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter divide the same tract of land into two or more parts, to layout a subdivision, to layout a building lot, or to layout a street, alley, square, park, or other parts of the tract intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts for purpose of development without having a plat of the subdivision prepared and approved in accordance with this Chapter. A division of a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method for purpose of development. A division of land under these regulations does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated. The provisions of this Chapter shall apply to any development which is intended as a single lot, tract or parcel where a primary structure will be located. Furthermore, the following shall be applicable to all subdivisions of land: 4.A.lt shall be the policy of the City of Colleyville to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the City pursuant to the Colleyville Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. ~.~.The City has no obligation to extend water or sewer service to any lot, tract or parcel or land sold or created in violation of this Chapter. a.~.AII plats and subdivisions shall conform to the rules and regulations set forth herein. 4.D.This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, where the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive provisions thereof shall apply. @,E.The provisions contained in this Chapter, shall be considered as the minimum requirements for review and approval of a subdivision plat. Section 8.125 Plat Required for Building Permit No building permit shall be approved for er ser:tifisate sf eSS"'~aFlQY Be i~~"'eEl eFl any lot, tract or parcel of land unless and until a plat has been approved in accordance with this Land Development Code, except as provided as follows: 4.A.Residential Structures - A building permit for an addition to, or renovation of, an existing residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-construction activities. ~.B.Non-residential Structures - A building permit for an addition to, or renovation of, an existing non- residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-construction activities. a.C.Plattinq Exemption for Certain CSFlElition~ Accessory BuildinQs - A building permit for an accessory structure may be issued on an un-platted lot in the Agricultural zoning district. 4.Q.Public Facilities Available - No building permit for a primary building will be issued until all ~re~e&e€l public Chapter 8 - Plat Review Procedures Page 8 - 2 City of Colleyville, Texas, land Development Code facilities have been installed and have been approved and accepted by the City or provision, acceptable to the City, has been made by the developer for such public facilities. Section 8-130 Approval Authority Over Subdivision Plats 8. ':' .f_ ..",PPRtW:J.h OF Ph.'. TS BY ST!~FF. COMllHSSI9l'J 1.,1'18 Or: COUl'IClh A. Approval of Plats Required - In accordance with Chapter 212.004 of the Local Government Code, the Planning and Zoning Commission shall approve all subdivision plats, wRi@R €leRferm provided said plat conforms to the requirements and specifications of this Land Development Code, In addition to the requirement of approval of subdivision plats by the Planning and Zoning Commission, the City Council shall also be required to approve subdivision plats, except for the approval of minor plats or amending plats. In the event of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City Council, the plat approved by the City Council shall prevail. The approving body for all subdivision plats shall be in accordance with the following table: Final Plats no yes yes Minor Plats no yes no Amending Plats yes no * no ** * The Planning and Zoning Commission shall have the authority to approve an Amending Plat which has not been approved by City Staff. -The PlanninQ and ZoninQ Commission may additionally reQuire the approval of an amendinQ plat by the City Council 8.:.R MINOR Ph.'.T .'\PPRO\'.'.h BY COMllHSSI9l'l B. Minor Plat Approval by Planning and Zoning Commission - The Planning and Zoning Commission shall be authorized to approve or disapprove a Minor Plat, as defined by this Land Development Code, without the additional approval of the City Council. If the application includes a request for a waiver or modification of a platting regulation, the Planning and Zoning Commission shall have the authority to approve the request. er may Bleet t@ ~reseRt tRB MiRer Plat aR~ tRe ',':aiver rEl€lYBst te tRe City CSYRGil fer GeRsiaeratiElR. The Planning and Zoning Commission may require the additional approval of any Minor Plat or waiver request by the City Council. 8.':'.C ..l_l'11El'mU'lfJ PU.T !&PPR9'::.h BY ST.'.FF C. Amending Plat Approval by Staff - The City Manager, or his designee, shall be authorized to approve an Amending Plat as defined by the Local Government Code. provided said plat conforms to the requirements and specifications of this Land Development Code, If the application includes a request for a waiver from the subdivision requirements, the City Manager, or his designee, shall present the amending plat to the Planning and Zoning Commission for approval. The Planning and Zoning Commission shall have the authority to approve the Amending Plat. sr may eleet tEl ~resBRt tR9 ~Iat tEl tRe City CeYR€lil fer eeRsi~9rati9n. The Planninq and Zoninq Commission may require the additional approval of any Amendinq Plat by the City Council. The City Manager, or his designee, may not disapprove an Amending Plat, but shall refer any Amending Plat which he refuses to approve to the Planning and Zoning Commission within thirty (30) days after the date the plat is filed. Chapter 8 - Plat Review Procedures Page 8 - 3 City of Colleyville, Texas, Land Development Code D. Appeal Procedure - A subdivision plat that has been denied may be appealed to the City Council for consideration at the next available public meetinq. Section 8-135 Procedure for Approval of Subdivisions 4.A. Time Period for Takinq Action - The Planning and Zoning Commission shall approve or disapprove a subdivision application within thirty (30) days after the date the subdivision application is filed as provided in this Chapter. A subdivision application is considered approved if the Planning and Zoning Commission fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty (30) day time period for action by the Planning and Zoning Commission, provided said ~ request GRail ~8 is submitted in writing. By tRe Gw~gi':igBr fSrier tEl tRe gate ef tRe seRegwleg PlaRRiR~ aRg lElRiR~ CElmmi~~ieR RBariR~. 2,.[1,Additional Time Period for City Council Approval - Where City Council action is required on a subdivision application as provided in this Chapter, the action shall be taken w+tR+R no later than thirty (30) days after the date the subdivision application was approved by the Planning and Zoning Commission. A subdivision is considered approved if the City Council fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty (30) day time period for action by the City Council, provided said ~ request GRail ~B is submitted in writing ~y tRe sw~~i'!iger fSFiElr tEl tRB ~ate ef tRB GSRB~wle~ City CElwR9il f;teaFiR~. 3.C.Certificate of Compliance - In cases where the City fails to act on a subdivision application within the thirty (30) day time period, the Administrative Official, upon written request, shall issue a certificate of compliance stating the date the subdivision was filed and that the City failed to act on the subdivision application within the specified time. 4.D.Authorization to Siqn Plats - The approval of a plat by the City Council, or in the case of a Minor or Amending plat by the staff or Planning and Zoning Commission, shall constitute authority for the Chairman and Secretary of the Planning and Zoning Commission and/or the Mayor and City Secretary, or staff to execute said plat, and shall constitute approval for recording in the County Clerk's Office of Tarrant County, 8. IR tf;te eveRt Elf eRY gisefefSaRsy ~Eltv.'eefl a fSlat as afSfSre'Jeg ~y tf;te PlaflRiR~ eflg leRifl~ Cemmi~~ien BRg tf;te City CewReil, tf;te fSlat afSfSrElveg ~y tf;te City Cewfleil sf;tall fSFevail. Tf;te afSfSfe':iR~ ~egy ror all sw~61i':isieR fSlats stlall ~e ifl aeeergaflge ':JitR tf;te f@lIe'.viR~ ta~le: PrelimiRary Plat& fie yes ~ --------..----..---.-..-----.----.------ FiRal Plats fie ~ yes .-----.--.---.....----.------.---.-.......-----.---.. MiRar Plats fie ~ fie --....-------...--.-.--.----.---.------.. ft.m8R~iRg Plats ~ ~ ~ * Tl:le PlaRRiR!! aRE! ZaRiR!! CSFRR'lissiaR sl:lalll:lavs t!:ls al.ltl:larity ts aplHa'/s aR .^FRSRE!iR!! Plat wl:lisl:ll:las RSt ~SSR appraveEl ~y City ~ta#. 8. ';.R l\fIl"TQR Ph.'. T .\PPRQ'.',\h D': CQUI\IISS18f'l Tf;te Plar:miR~ aflg ZElRifl~ CemmissiElfl sf;tall I3B awtRerizeg te BfSfSrBVB er gi~afSfSrBVEl a MiRElr Plat, a~ gElfiflea l3y tf;tis laflg DevelefSmeflt CElG!e, witRElwt tf;te aggitieflal afSfSFEl'/al Elf tl::1e City Cewfleil. If tl::19 afSfSlieatiElfl iflelwges a Fe€lWe~t ror a \'Jai'.'sr Elr mElG!ifie3tiem Elf a fSlattifl~ regYlatiem, tl::1e PlaflRiR~ eflG! lElRiR~ CemJlli~~iElfl sl::1all l::1ave tl::1e awtl::1erity te GlfSfSrBve tl::1e r8€lW9~t Elr Jllay Bleet tel fSr9~eflt tl::19 MiRer Plat Chapter 8 - Plat Review Procedures Page 8 - 4 City of Colleyville, Texas, land Development Code aR(,j tl;)e wai'.'er re€l\ole&t ts tl;)e City Ce\olR@i1 fer @sRsi(,jeratisR. 8.:.C .~_ME.!'lDll'lG Pl.:.T ApPRO',':.L B'..' ST:.FF Tl;)e City MaRasef:, sr I;)is (,jssiSRse, sl;)all ~9 a\oltl;)erize(,j te apprsvs aR ,^.FR8R(,jiRS Plat as (,jefiRs(,j ~y tl;)e leGal (Ss'.'9rRFR9Rt CS(,j8. If tl;)8 appli@atisR iR@I\oI(,j8S a rB€l\olsst fer a 'f.'aiver frsFR tl;)8 &\oI~(,ji'Ji&isR rB€l\olireFR9Rts, tl;)8 City MaRasef, sr I;)is (,jesiSRes, sl;)all pr9s8Rt tl;)9 aFRsR(,jiRS ~Iat te tl;)9 PlaRRiRS aR(,j ZSRiRS CSFRFRissieR fer a~~r~\'al. Tl;)e PlaRRiRS aR(,j ZSRiRS CSFRFRis&isR sl;)all Ravs tR9 a\oltRerity ts a~~rs'/e tRs AFRSR(,jiRS Plat sr FRay el9@t ts ~re&SRt tRS ~Iat ts tR9 City CS\oIR@il fer @sRsi(,jsratisR. TI;)8 City MaRassr, sr I;)is (,jesiSR9s, FRay RSt (,ji&a~~re!Je aR AFReR(,jiRS Plat, ~\oIt &I;)all refer aRY .^.FR9R(,jiRS Plat '.vl;)i@R 1;)9 rsfyses ts ap~r9'.'e ts tl;)9 PlaRRiRS aR(,j ZSRiRS CSFRFRissiSR witRiR tRirty (29) (,jays after tl;)e (,jate tl;)9 ~Iat is file(,j. 8.:.1) MODIFIC:.TlOl'lS OF CONDlTI@NS E. Modification of Conditions - Where the Gity approvinq body finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve modifications of conditions to these platting regulations so that substantial justice may be done and the public interest secured. Such a finding by the City shall not have the effect of nullifying the intent and purpose of these platting regulations. 8.7.E Il'lCOMPLETE SYBl\lITT:.LS F. !R69ms/sts Submittals Completeness Determination - Every subdivision plat application shall be subject to a determination of completeness by :fthe Administrative Official r9&~SRSi~19 klr rsvi9..... sf s\ol~(,jilJi&isR ~Iats sRall, \oIpSR re€iei~t sf a sy~(,jivisisR a~~Ii@atisR, for completeness (,jeterFRiRS '::RstRsr sr Rst tR9 s\ol~(,jivisisR sSRtaiRs tR9 FRiRiFRl;IFR s)(Ri~it& re€lyire(,j klr a ~Iat &Y~FRittal. as provided in this Section, Tl;)e appli@aRt &Rall ~e REltifie(,j Elf aRY (,jefi€ii€:mt e){Ri~its (0 g() 1281.' 12Z1Ql(:)(}) 1. No later than the tenth business day from the date the application is received. the Administrative Official shall make a written determination that all information and documents required by the Land Development Code for a subdivision plat submittal have been received. 2. The applicant shall be provided written notice of any deficient exhibits no later than ten (10) business days from the date the application is received. The determination shall specifY the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information are not provided. For purposes of this Section. the applicant shall be deemed to have been notified if the City has mailed a COpy of the determination as provided herein. 3. The processina of an application by any City official or employee prior to the time the application is determined to be complete shall not be bindina on the City as the official acceptance of the application for filina, 4. A determination of completeness by the Administrative Official shall not constitute a determination of compliance with the substantive requirements of the Land Development Code. G. Expiration of Application - If a subdivision plat application is not completed on or before the 45th day after the application is received by the Administrative Official for processina, the application will be deemed to have expired. Thereafter. a new subdivision plat application must be submitted. includinq payment of the applicable application fee. The City shall retain any fee paid for reviewinQ the oriainal application for completeness. H. Incompleteness as Grounds for Denial - No subdivision plat application shall be scheduled for action by an approvina body unless it is determined that the application is complete and all required items. studies and documents have been submitted to and received by the City. unless the applicant has provided a written request for a waiver or modification of said requirement. An incomplete subdivision application shall be Qrounds for denial or revocation of the application. Chapter 8 - Plat Review Procedures Page 8 - 5 City of Colleyville, Texas, Land Development Code No vestinQ right shall accrue from the filinQ of an application that has expired pursuant to this Section. or from the filing of a complete application that is subseQuently denied. 8.:.F OI'FlCI,'.l. Pl.:. 'f Sl:JBI\IITT:~l. :D.o. 'FE I. Official Plat Submittal Date - Ne slolBaivisieR a~~li@atieR s~all Bel s@~salollsa fer aetieR BY tl:le City IoIRlsss it is aetermiRea t~at tt.ls a~~li@atieR is @em~lsts aRa iR eSRfermaR@s '.lJit~ tl:lis laRa Qe':Elle~mE;)Rt CElae. Fer tl:ls ~loIr~ess €If tl:liG Ceas, t~e aate ef t~El reglollar mestiRg sf t~s a~~reviRg BElay at 'l/I:liel:l aGtisR is GElRsiaersa sl:lall GElRstitlolte tl:le effieial filiRg aate sf tl:lEl ~Iat frem '.\'l:liGI:l t~e statloltsry ~eriea re€\14iriRg a~~rGlval er aiGa~~rGl\'al sf tl:ls ~Iat sl:lall GemmeRG9, IoIRless a ','Jai'/sr @f t~9 time ~erisa is FEl€\I:I9stea BY the ae\'ele~er. The date from which the statutory period reQuirina approval or disapproval of a subdivision plat application shall commence on the date the Administrative Official responsible for processing subdivision plat applications has determined the application to be complete and marked said date on the application and has scheduled said application for action by the approvinQ body. s.:. C :DE'/EUWMENT REnE',': COMMITTEE J. Development Review Committee - The City Manager shall designate a Development Review Committee (DRC) which shall be an advisory committee to the Planning and Zoning Commission and have responsibility for providing comments and recommendations on subdivision applications. In addition, the Development Review Committee shall submit comments and recommendations on vacation of public rights-of-way or easements and site plan reviews required by this Code. The Administrative Official responsible for subdivision review shall coordinate the actions of the Development Review Committee. 8.:.11 :DRe RE'/IE'" K. DRC Review - Copies of U:le subdivision plat applications shall be distributed to the Development Review Committee (DRC) members for technical review. The DRC shall provide written comments and recommendations on the proposed development to the Administrative Official \'Jitl:liR teR (1Q) BI:IsiReSS aays fellev:iRg tl:le aute ef sistriBloItieR. The Administrative Official responsible for subdivision review shall compile a report of the written comments received from the DRC and provide a copy of said report to the subdivider within five (5) working days following the day of receipt of all staff comments. The subdivider shall submit revised copies of the subdivision application, which incorporates and fully satisfies the comments of the DRC or provide written response as to why such modification is not proposed. U~eR rElGei~t Elf t~El r9vises slolBsi'Jisi@R a~~IiGati@R, \'JrittsR rElS~ElRS8 frem tl:l8 slolBai'/iaer aRa all sf tl:ls slolp~sFtiRg aSQloImeRtG, wl:liQh may BEl Rssasa, tl:le s14BaivisisR a~~IiGatieR sl:lall Be ~laGes eR t~e agsRaa ef the Rext a':ailaBle regl,ll:arly sGheal,llEla mEletiRg sf tRe PlaRRiRg aRa ZElRiRg CemmissieR fer aGtiElFl. (Q QQ 1261.' 12Z19.'Q(}) 8.:.1 COI'lSISTEI'ICY ":!TII l\1.\STER Pl..\l'1 L. Consistency with Master Plans - No subdivision plat shall be approved which is not consistent with the Colleyville Master Plan. the Parks Development Plan, and trail systems plans of the City. 8.7.J COMPI.I,'.I'lCE '-':!TII ZOl'lIrlC M. Compliance with Zonina - No subdivision plat shall be approved that is not consistent with the existing zoning regulations applicable to the property being platted, unless a rezoning application is pending that will provide consistency with the proposed development. 8.:.K PlIBUC F:~CIUTIES N. Public Facilities - No subdivision application shall be approved by the City unless the Director of Public Works has reviewed the construction plans for the proposed public improvements and has determined that the proposed City aetermiRes that public facilities ~rGl~eGEla BY t~9 ae'/Elle~Elr will be Chapter 8 - Plat Review Procedures Page 8 - 6 .,"._.~"---.,'~~.,."'~-_.~..............,~,_.......~",""~,.~;,..~~,_.__.-- --- City of Colleyville, Texas, land Development Code adequate to support and service the area of the proposed subdivision. To expedite the subdivision review process, the Director of Public Works may accept a written offer bv the developer as satisfactory evidence that public improvement requirements of the Land Development Code will be satisfied. The Director of Public Works may require the applicant sRaU to submit sufficient information and data to demonstrate that the ~rs~€lseG! existina public facilities are adequate f&F to serve the proposed IoIS8S sf saiG! subdivision. Public facilities and services to be examined for adequacy wiU shall include drainage facilities, roads, sewage, and water systems. AU- Public facilities shall be designed and constructed in accordance with the requirements contained in this Land Development Code. Said proposed public improvements shall conform to and be properly related to the Colleyville Master Plan and all applicable capital improvement plans, including but not limited to the following: 1. Master Thoroughfare Plan - All subdivisions shall be designed to coordinate with the right-of-way widths and street patterns shown on the Master Thoroughfare Plan. 2. Water System - All lots shall be served by a public water system capable of providing water for health and emergency purposes, including adequate fire protection. Aw; Proposed water system improvements shall be consistent with the Master Water System Plan. 3. Wastewater Collection System - All lots shall be served by an approved means of wastewater collection and treatment. Any proposed sewer system improvements shall be consistent with the Master Wastewater Collection System Plan. 4. Storm Water Management - OraiFla~El imprevemeRts sl:lall a@eemmeG!ate ~etBRtial rlolFleff fr9m tl:lQ 9Fltire IoIpstr€lam G!raiRa~e area, ~aseG! eFl tl:le IoIltimate G!e\'eI9~meFlt sf tl:le G!raiFla~e ~asiR, aRG! ~I:lall ~e G!9~i~Fl9G! te ~reV€lRt iFl@reas€ls iFl elQ':IFl~tF9am fleeeliFl~. The ~ Director of Public Works may require the use of control methods such as retention or detention, and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. Any proposed drainage system improvements shall be consistent with the Master Storm Water Management Plan. 5. Paf./~ System P./aR .'\11 ele'/9Ie~mBFlt~ ~I:lall ~9 e9Fl~istBRt witl:l tl:le Parks Oe'/91€l~meRt PlaFl iFlelloleliFl~ all ~rs~sseel trail sist9m~ plaFl~ ef tl:le City. 8.~.L REC9RD l'i1.'~INTEl"L'J..l'ICE O. Record Maintenance - The Administrative Official responsible for subdivision review shall maintain a record of each application submitted under this Chapter, and the action taken on the application. On written request by a property owner of an affected tract, the Administrative Official shall certify the reasons for the action taken on the application. 8.~.l\I l}EDIC:ATl9l"lOFFERS P. Dedication Offers - All streets, drainage ways, parks, and other rights-of-way or public easements shown within a subdivision plat and intended for public use shall be offered for dedication as part of the approval of a plat. Upon approval of the subdivision application by the City, the offers shall be deemed dedicated and available for acceptance by the City in accordance with the requirements of this Section. 1. Whenever a subdivision proposes the dedication of land for public use and the City finds that such land is not required or is not suitable for public use, the ~ ApprovinaBodv may shall either deny the subdivision application or require the rearrangement of lots to include such land. 2. The approval of a subdivision plat by the City is not considered an acceptance of any dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts until the City Council makes an actual appropriation of the dedicated parts by entry, use, or improvement. 3. Disapproval of a plat shall be deemed a refusal by the City to accept the offered dedications shown thereon. 8.:.N NmS!Al'ICE ORDIN!.l"ICES AriD 013TST:.NDH%1 LIEl"lS Chapter 8 - Plat Review Procedures Page 8 - 7 City of Colleyville, Texas, land Development Code Q. Nuisance Ordinances and OutstandinQ Liens - No subdivision plat shall be a~~re\'ea placed on the aQenda for action by an approvinQ body in which the Code Enforcement Officer has issued notice to the owner of the property beinQ subdivided that the property being considered for development is in violation of a public nuisance ordinance of the City of Colleyville and the violation has not been abated prior to the subdivision application date. No subdivision plat shall be a~~revea placed on the aQenda for action by an approving body that has an outstanding delinquent lien payable to the City of Colleyville. 8.:.0 DELIl'lOl:1ENT T.\XES 9.. OeliRflueRt TaKes No &wsaivisieR ~Iat sRall ee a~~r9vea iR '.'J!::lie!::l t!::le ~ro~eRy eSiR!!! s9Rsiaerea f€lr aevel9~m9Rt !::las aeliR€lw9Rt taxes awe. 8.:.P FROl'IT:.CE Ol'I Pl:1BLIC .+",CCESS RE@U1REB R. FrontaQe on Public Access Reauired - Every lot shall have frontage on a public street riQht-of-way. Saia ffeRta!!!e sRall Rst ee less t!::laR si!!!Rty ~8rG8Rt (SQ%) af the miRimwm re€lwirea let 'uiatR 8staelisRsa fer ths zaRiR!!! aistrist. In non-residential areas, access to a lot with a public access easement that is acceptable by the City as meeting the minimum requirements to provide public ingress and egress and for adequate emergency vehicle access may be allowed in lieu of a public street right-of-way. 8.:.Q PL\TS ~TR\BBLIl"rc 1\ml"IICIp:.1, BSl:1I'IBARIES S. Plats Straddlina or Adiacent to Municipal Boundaries - 'N!::leRe'lsr Where access to tRe a proposed subdivision is required across land in an adjacent city, the Administrative Official shall coordinate the review of the plat with the adjacent city and the Planning and Zoning Commission may shall require written approval from the adjacent city. 8. :..R OFFlCl.'.1, Or: 1\1.'.1' T. Official City Map - The Administrative Official responsible for subdivision review shall maintain an Official City Map, which shall indicate all subdivisions, lots and street rights-of-way. Subdivision plats hereafter approved shall be placed on the Official Map in a timely order and include the names of all streets and street suffix classifications. Where street name inconsistencies exist, from one subdivision to another, the Administrative Official shall place on the Official City Map the generally accepted street name, its proper spelling, and suffix classification. The Administrative Official responsible for subdivision review shall assign street address ranges for each block and coordinate these with the Office of the Fire Marshal and other emergency service providers. 8.:.~ ENFORCEMENT OF CILWTER U. Enforcement of Chapter - In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this Chapter by injunction issued by a court of competent jurisdiction. Section 8-140 Preliminary Plats 8.8.1_ PRELII\IIl'L'.RY PI,:. T CI,:.SSIFIC:. TlmI A. Preliminary Plat Classification - Submittal of a Preliminary Plat is the first of a two step process for approval of a subdivision plat. The Preliminary Plat procedure shall be used when the property proposed for development is not platted as defined in this Chapter. The purpose of the Preliminary Plat procedure is to allow a subdivider to submit an abbreviated subdivision proposal for approval to determine the feasibility of developing a parcel of land before proceeding to the final platting process. 8.8.H Pl.!. TTll"IC .\1,1, L\I'IB Il"I C9l\1l\l8l"I O'..:rIERSIIIp Chapter 8 - Plat Review Procedures Page 8 - 8 City of Colleyville, Texas, land Development Code B. Plattina all Land in Common Ownership - The Preliminary Plat shall include all contiguous holdings of the owner, including land in "common ownership" as defined in this Chapter, with an indication of the portion which is proposed for subdivision. 8.8.C PU.\SINf:".1 QF PREI.I1\III"L'A&Y PI..US C. Phasina of Preliminary Plats - In the event that the property indicated is to be final platted in phases, the Preliminary Plat shall clearly indicate the parcels of land to be included in the phasing. Subsequently, Final Plats shall generally comply with the phasing lines indicated on the Preliminary Plat. Significant departure from the phase lines indicated on the Preliminary Plat shall require an amendment to the Preliminary Plat prior to further final platting of property. 8.8.:0 EFFECT QF :\pPR9'.','.1. D. Effect of Approval- Upon approval of the Preliminary Plat, a copy of the approved Preliminary Plat shall be signed by the Administrative Official and kept for public record. Said approved Preliminary Plat shall reflect any and all revisions to the original submitted Preliminary Plat as was directed by the Planning and Zoning Commission and/or City Council which were made a condition of approval. Approval of the Preliminary Plat shall not constitute final acceptance or approval of the subdivision nor shall the approval of the Preliminary Plat confer any vestina riahts in the arranaement of lots, streets and other features on the Final Plat. Approval of the Preliminary Plat oot=shall constitute authority to proceed with the Final Plat process as described in this Chapter. 8.8.E EliipnUTIm'r QF :\pPRW":AI. E. Expiration of Approval- Approval of a Preliminary Plat shall expire after twelve (12) months from the date of approval, unless a Final Plat is submitted for all or part of the area that has received Preliminary Plat approval. The approving body may approve a time extension upon written request from the developer or may waive the twelve month termination period when the Final Plat is determined to be consistent with the approved Preliminary Plat and no additional standards have been adopted by the City. 8.8.F RE !ilUIJI'\IITT:.1. QF PREuMln:.RY Pl.:. T F. Re-submittal of Preliminary Plat - When a Preliminary Plat is disapproved, the subdivider, at any time thereafter, may submit a new design for approval, following the same procedures as required for the original application, including the payment of application fees. 8.8.C PREUMIl'L'.R': Pl..'A T EXIIIIJIT!il G. Preliminary Plat Exhibits - The subdivider shall file an application for approval of a Preliminary Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Preliminary Plat Application - The application shall be on forms furnished by the Administrative Official. If the applicant is not the official owner of record, written authorization from the property owner is required. 2, Preliminary Plat Drawing - The plat drawing shall contain the information listed in Section &44~ 165 Required Plat Information, where applicable, 3. .q.>;G!fm.~f1Glrr Drainage Aml.'ysfs Information - The subdivider shall submit a Preliminary Drainage Analysis to determine the need for drainage facilities, unless the Director of Public Works has determined that a Preliminary Drainaae Analvsis is not necessary at time of p/attina. The Preliminary Drainage Analysis shall be prepared in accordance with the drainage analysis requirements contained in Chapter 14 - Engineering Design Standards of this Land Development Code. TRB PlaRRiR~ GlR€l Z@RiR~ C@l'lll'llissi@R sRall R@t mS@I'llI'llElR€l fer Gl~~r@':ral QRY plat 'IIRililR €l@ElS Flet pre'JiGlB a€lB'll.l3tB bQilitie~ te 3QGl@l'lll'lleGl3t13 stoFI'llW3ter fl.lReff.. Chapter 8 - Plat Review Procedures Page 8 - 9 City of Colleyville, Texas, Land Development Code 4. Preliminary Utility Plan - The subdivider shall submit a ~relimiRary ~tiIity ~1(lR drawinqs which shall indicate the general location and approximate sizes of all existing and proposed public utilities, unless the Director of Public Works has determined that a preliminary drainaqe analvsis is not necessary at time of plattinq. The size of all proposed water and sewer lines shall be determined using the design criteria contained in Chapter 14 - Engineering Design Standards of this Land Development Code. 5. Tree .P.<:€iJsfJ.'1'atifJn PklR Survey - Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree surveyor an aerial photograph indicating the general coverage of trees. 'A/Rem tree~ are ~repesea fer reme'/al, tRe ~~~ai...iaBr ~Rall ~~~mit a tree re~la@emEmt ~laR. TR9 tree s~rvey, aerial ~ReteSFa~R aRa tree rBple@emEilRt pieR stlall ~e iR es@eraaRB9 V:itR Cn~tBr fj T."fJfJ 'Or..ssfJ.....'at,iG1f-1 ef tRis laRa De...ele~meRt Ceae. 6. Nuisance Compliance Certification - The Code Enforcement Officer s~~aiviaer shall s~~mit a provide certification frem ttle Bit} Beas Bem~liaRBe emBer indicating the status of the property regarding public nuisances and outstandinq liens pavable to the City of Collevville. 7. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. 8.8.11 Ca.'J..DlNG ~ITE PRI8R T8 Fm:.l. )_PPR8V.'J..1. H. Gradinq Site Prior to Final Approval- Following Preliminary Plat approval, the developer may apply for an earthwork permit and upon approval of said permit may commence construction to the grades and elevations required by the Preliminary Plat. Section 8-145 Final Plats 8.9..\ Fm:Al. PU..T CL\.SSIFIC:ATI81'1 A. Final Plat Classification - Approval of a Final Plat is the second step in the process for approval of a subdivision plat. The Final Plat procedure shall be used when the property proposed for development has been previously approved as a Preliminary Plat and conforms to the requirements of this Chapter. The purpose of the Final Plat procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the subdivision, 1. Minor Plat - A Minor Plat submittal shall be used when the property proposed for development is not platted. contains four (4) or fewer lots and will not create a new street. A Minor Plat is intended to allow a subdivider to combine the Preliminary and Final Plat procedures and thereby expedite the review and approval of a small subdivision where no new public street is created. Where applicable. the Minor Plat submittal shall contain the same exhibits as a Final Plat submittal. 2. Replats - A Replat submittal shall be used when a previouslv platted property is proposed for redevelopment. A Replat may include an additional parcel of un-platted property when the size of the un-platted portion does not dictate the submittal of a Preliminary Plat. The Administrative Official responsible for subdivision review shall review each Replat application and determine whether or the not the size of the un-platted portion of the proposed development warrants the submittal of a Preliminary Plat. Where applicable. the Replat submittal shall contain the same exhibits as a Final Plat submittal. 3. Additional Criteria for Replattinq - The followinq additional criteria for approval shall applv in the re-subdivision of an existinq plat, without vacatinq the immediate previous plat: a. A public hearinq shall be reauired on the Replat at which interested parties 'and citizens have an opportunity to be heard. Chapter 8 - Plat Review Procedures Page 8 - 10 City of Colleyville, Texas, land Development Code b. If any of the proposed area to be re-subdivided or re-p/atted, within the immediate precedinq five years, was limited bv any interim or permanent zoninq classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited bv deed restriction to residential use for not more than two residential units per lot, notice of the public hearinq shall be (liven in advance in the followinq manner: i. Publication at least 15 days before the date of the hearinq in a newspaper of qeneral circulation in the City. ii. A written notice of the public hearinq shall be forwarded no less than fifteen (15) days prior to the day of the hearin(l to the owners (as the ownership appears on the last approved ad valorem tax roll) of all lots in the immediate precedinq plat that are within 200 feet of the lots to be re-p/atted. The notice may be served bv depositinq it properlv addressed and postaqe paid, in the United States post office. c. If the proposed rep/at reauires a waiver of a reauirement and is protested in accordance with this section, the proposed rep/at must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the Planninq and Zoninq Commission and/or City Council. For a leqal protest, written instruments siqned bv the owners of at least 20 percent of the area of the lots or land immediatelv adioinina the area covered bv the proposed rep/at and extendinq 200 feet from that area, but within the oriqinal subdivision, must be filed with the Planninq and Zoninq Commission and City Council prior to the closinq of the public hearina. In computina the percentaqe of land area, the area of streets and allevs shall be included. d. Compliance with paraqraphs (b) & (c) is not reauired for approval of a rep/at or a portion of a prior plat if the area to be re-p/atted was desiqnated or reserved for other than sinq/e or duplex familv residential use bv notation on the last leqallv recorded plat or in the leqallv recorded restrictions applicable to the plat. 8.9.R FIN/.l. Pl.,\ T PRERE@UlSITES B. Final Plat Prereauisites - Unless exempt from the requirements of Preliminary Plat approval, no Final Plat shall be placed on the agenda for action by the approving body until a Preliminary Plat of a subdivision has been previously approved in accordance with this Chapter. Upon approval of a Preliminary Plat, a subdivider may file an application for approval of a Final Plat. The Final Plat shall conform to the Preliminary Plat as approved and incorporate any and all changes, modifications, corrections and conditions imposed by the prior approval. A Final Plat will not be presented to the approving body for consideration, which fails to incorporate the recommendations of the Preliminary Plat approval. S.9.C FIn\l. PL'1T EXIIIBITS C. Final Plat Exhibits - The subdivider shall file an application for approval of a Final Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Final Plat Application - The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Final Plat Drawing - The plat drawing shall contain the information contained in Section &44 8 - 165 Required Plat Information of this Land Development Code. 3. Drainage ~ Information - The subdivider should discuss with the Director of Public Works the need to submit a Preliminary Drainaqe Analvsis or a Drainaqe Study. When tRe PrelimiR3r)' DraiRagB .'\R3Iysis Rat;: QBt€lrmiRElQ tRat drainage facilities and related improvements are required, the Chapter 8 - Plat Review Procedures Page 8 - 11 City of Colleyville, Texas, Land Development Code applicant shall submit a Drainage Study with eR~iReeriR~ €Ira'lliR~€: supportinQ documentation which shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code. TRe PlaRRiR~ aR€I ZeRiR~ CemmissieR sRall Ret rElGemmeR€I fer appreval 3RY plat '!/Ri@R €lees Ret pre'.'ise ase~~3t9 fa@i1ities te ae@emmesate sterm'.'.'ater r~Reff. 4. Construction Drawings - When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the Final Plat. fer appreval BY tRe Gity.. The construction drawings shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Tree Prese.~.'atI6m P.'an Survey - Where a subdivision plat indicates a proposed public street. U Ret previe~sly s~Bmitte€l, the subdivider shall submit a tree surveyor an aerial photograph indicating the general coverage of trees. These documents are not necessary if they have been submitted with the Preliminary Plat. WRere tree~ are prepese€l fer reme'.'al, tRe s~Bsi'.'iser sRall ~~Bmit a tree r9~IQ@9mBRt ~laR. TRB tree s~rvey, aerial pl:lete~rapR aRs tree repla@emeRt plaR sRall Be iR a@@emaR@e \'.'itl:l Chapt@r fi Tree Pmsen.<atien ef tRiE: laRs OevelepmeRt Cese. 6. Nuisance Compliance Certification - The Code Enforcement Officer s~Bsi'Jiser shall ~~Bmit a provide certification fr@m tREI @ity @ese GempliaRGe effj@9r indicating the status of the property regarding public nuisances and outstandina liens payable to the City of Colleyville. 7. Trivces .Puls Cet#ifJatleR TRS appli@aRt sl:lall b~Bmit evissR@e frem all I@Gal p~Bli@ ta)(iR~ eRtitiss iRsi@atiR~ tt;Jat R@ seIiR~~ElRt taxes are s~e. i 7. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. 8,9..9 RECSRDlI'I(; SF FIl'L\L PL.\TS Tf:1e City sRall reeers tl:le plat witR tf:1e TarraRt Ce~Rty Clerk's Offi@e VJRBR tl:le fellewiR~ are eemplete: 1. TRe plat RaE: BesR srawR eR mylar repres~eiBle film er etRer permaReRt material aRsl:las BeeR si~Rss BY tRe PlaRRiR~ aR€I ZeRiR~ CemmiE:sieR CRairmaR aRs Sseretary aRs/er tl:le Mayer aR€I City Se@retary, er staff, a~ appli@aBls; 2. 1'.11 Reee~~ary tiseal a~rBemeRts l:la'Je BeeR appr@ves BY tRB City; 3, All feeE: Ra'/e BeeR r9@eives; aRs 4. TRB Oire@ter 8f P~Blie Serviees R3E: appr8'.'e€l all eR~iR8eriR~ plaRs aRs speeifieatieRs. ~. _ .:.' ~_L_~.~. . R.I0.A MINOR PL:. T CL!.SSIFIC.\ TION A. .-mRSt" .000t C"'assifiGatisR TRe MiRer Plat preees~re sRall Be ~SElS wReR tl:le prElpeFty WEl~Q~BS fer se'.'BlepmBRt is Rst platte€l, eSRtaiRs fe~r (4) sr fe'.ver lets, ':,ill Rst ereate a Rew street aR€I eSRfsrms ts tRe re~~iremelRt~ sf tRi~ CRapter. TRe p~rps~e Elf tRe MiRer Plat prBee€l~rG i~ te ails\\' a ~~Bsivi€lQr te eBmBiREI tRe PrelimiRary aR€I FiRal Plat prsee€l~res aR€I tR8reBj 8)(pEl€lite tR9 revis'u aR€I apPFBval sf a small s~B€livisisR 'NRere REI Re'l: p~Bli@ ~trBst i~ ereates. 8.10.:0 PL/.TTII'm/.LL l.:.ND Il'l Cm.Il\18l'! O'NNERSIIIP Chapter 8 - Plat Review Procedures Page 8 - 12 City of Colleyville, Texas, Land Development Code B. P~'ilftiRfl aU J..and in Common OV/Aefshis TRB MiAer Plat sRall iAGlliSB all QeAti~lielis RelsiA~s €If tRB B'/:oor iA@lliSiA~ laAs iA "G@mmeA e'.'JA(m:Rip" a& sBfiABS iA tRis C@se, '.vitR aA iAsi@ati@A €If tRe ~eFtieA WRiGR is pr@pe~9s fer ~li~si\'isi@A. 8.10.C MINQRPL\TE]'(IIIBIT~ C. Minor Plat ENIlili1its TRe sli~si\'iser sRall file aA appliGati@A fer a~pre'/al €If a MiAer Plat witR tRB .l\smiAistrative OUiGial res~@A~i~IB fer sli~si\'isi@A reviEw:, '.\'Ri@R sRall @@AtaiA tRB fell@v:iA~ €mRi~its t@ ~B QeAsiseres G@m~lete: 1. .ft.-flne," P.lat .'\ppHsatlsn TAB B~~liGati@A GRail ~e @A feFll;jS flirAisReS ~y tRB ^smiAi&trati\'B OmGial re~~eAsi~le fer ~li~si'/i~i@A fB'/ie\\'. If tRe a~~li@aAt is ABt tR8 effi@ial eWAer @f reG@fG, 'l:ritteA alitR@fizatif.m ff@m tRB ~rQ~eFty e'.\'Aer is re€lliirBs. 2. MfnfJ( P.'at {).'::at':IF!g TR8 plat sra'.\'iA~ sRall GQAtaiA tRe iAfermatiQA GeAtaiAes in Ss@tlsn S.11 Re€fbllmd ,o/3t .'nf.fJfmatlfJF! sf tRis laAs Oe'/BIQ~mBAt CesB. ~. {)rainage Swdr TRB sli~sivia9r sRBlila Si~Gli~~ 'l/itR tRB Gity eA~iABer tRB AeBs te sl;l~mit a PrelimiAary graiAa~e f,Aalysis te aetermiAB tRe ABsa fer sf.aiAa~B $aGilities er a gfaiAa~Q Stliay '.'/itR eA~iAeeriA~ ara'J.'iA~s. .A,AY PfelimiRary Of.aiAa~e f.Aalysis er OraiAa~e StliSY ~Rall ~Q ~re~afBa iA aGGef€laAGe witR ar.aiAa~B im~re'JQmeAt fe€lliiremeAts G@AtaiAss IF! Cf-1apte.~ 11 f!nglF!geFing {)esign Standa."fJs @f tRis laAs Oe\'elepm9At C@se. TRe PlaAAiA~ aAs ZeAiA~ Cemmissi@A GRail A@t reQemmeAa fer a~~r@\'al aAY ~Iat \'JRiGR s@es A@t ~re...isQ aSQ€lliate faGilities t@ aGG@mmesatB ~tBrm'Nater fliAeU. 4. Censt.~ustlfJn {).~ao..:':ngs \1l.'ReA tRB prB~esBa aB'/el@pmElAt re€lliires tRe G@AstrliGti@R @f ~l;l~li@ im~rBVBmBRts, tRe a~~liGaRt sRall sli~mit GeRstfliGti@R plaRs \':itR tRe ~Iat fer G1~~reval ~Y tRB City. TR8 GeR&trliGti@R ar.alfJiR~S sRall G@Aferm tB tRe teQRRiGal speGifiGati@Rs GeRtBiRes iR Cf-1apter 11 f!nglF!@ering {)fJsign Stanoords @f tRis laRs Oe\'el@pmeRt Cese BRS sRall ~e ~r9~Bres aRs ~eales ~y B Re~i~tBres PrefessieRaIIi!R~iReer, liGeRSeS te pra@tiGe iR tRe State €If Te)(a~, 9. Tree P.".f/se.....'atlen .Q.'aF! TRe sli~si\'iaer sRall sli~mit a tree sl;lwey er aR aerial ~Rete~ra~R iRai€latiR~ tRe ~Emeral Ge'/era~B @f trees. WRsr9 trBe~ are ~re~eses fer rsme':al, tRe sli~si':iser sRall sli~mit a treB re~laGBmBRt ~laR. TRB tree ~lip,tey, aerial ~Rete~ra~R aRs tree replaGemsRt ~laR sRall ~e iR a€l€ler€laRQB '.':itR Cf-1elf~te( 9 !Fee P."eser.'atifm sf tRis laRa OB\'Ble~meRt CesB. i. A'u,;sanse Cemp,~;:;mSfJ Cerllooat.;en TRe sli~si\'iaBr sRall sli~mit a GeFtifiGatieR frem tRB €lity Qe€lB @empliaRGe effi@er iRSi€l3tiA~ tRB statlis ef tRe prepBFt~' r@~ar€liA~ pli~liG Rlii~aA€le~. 7. Taxes ,QuId Cerfisat.'en TRB ap~li€laRt ~Rall ~li~mit Bvi€lElAGQ frem all leGal ~li~li@ taxiR~ eRtitie& iR€liGatiR~ tRat Re aeliA€lliQAt taxB~ are aliB. a. .r;:fJfJS TRe a~~li€laRt ~Rall ~ay tRe appliGa~IB plat appliGatisR feB \'IRBR tRB a~pliGatiBR is sw~mitte€l tB tREl AsmiRistrative OffiGia!. 8.19.>> RECQlWINO 9F MmORPl.:AT D. ReGsr.siRfl of .<<insr Plat TRB City sRall rB€lBr€l tRB ~Iat '''fitR tRe TarraRt CeliRty Clerl{'s OffiSB 'NReR tREl fellB'lJiR~ are €lemplets: 1. TRB ~Iat Ras ~BBR sraV1R eR mylar repreali@iBle film sr stRElr permaRBRt material aR€I Ra~ BeeR Si~RB€I ~y tRe Plar1RiR~ aRa ZeRiR~ Cemmi~sieR CRairmaR aR€l Se€lretary; 2. .'\11 RBQEl&Sary fis@al a~reBmBRt~ Ra'/e ~eBR apprs'Je€l BY tRB City; ~. .A.l1 feB~ Rave ~EleR rBGei"'B€l; 3F1€l 4. TRB Oireeter sf Pw~li€l Ser\'i€le~ Ras a~~revea all eR~iRQQriFl~ ~13R~ aRa spsQifiGatiBRg, if appli€la~IB. Chapter 8 - Plat Review Procedures Page 8 - 13 City of Colleyville, Texas, land Development Code ~ ~ -..... 8.11u.~ REpl.:~T CL:~SSII'IC:.TI9l'! A. Rs~/at CJassifiGati'iIR Tf::Ie Re~lat ~~@ee€ll;l~@ sf::lall 815 I;lse€l vJf::IeFl a ~~e':i@l;lsly ~Iatte€l ~F@~eFty i€: ~~e~ese€l fGr reGle'Jele~meFlt. A Re~lat may iFl€lII;lGle aFl a€lGlitieFlal ~arsel ef I;lFl ~Iatte€l ~re~eFty \'Jf::IeFl tf::le size ef tf::le I;lFl ~Iatts€l ~ertieFl €lees Flet €lietate tf::ls sl;l8mittal ef a PrslimiFlapj Plat. Tf::Ie A€lmiFlistrati'Je Offieial res~eFl€:i8Ie fGr sl;l8€li'JisieFl review sf::lall ~evis'''J saef::l Rs~lat a~~lieatieFl aFlGl €lete~miFle v:Retf::lsr er tRe Flet tf::lB sizs ef tt:ls I;lFl ~latteGl ~eFtieFl ef tf::le ~~e~eseGl Glevele~msRt waliraFlts tf::lB sl;l8mittal ef a PrelimiRary Plat. 8.11.11 REpl.!~ T EXIIIBITS B. R9Slat Exh.:bits Tf::Ie sl;l8G1iviGler €:f::Iall file aR a~~Ii€latieFl fGr a~~re':al ef a Re~lat 'Hitf::l tt:le A€lmiRistr3tive Offieial rBs~eRsi8le fer sI;l8G1ivi€:ieFl review, v:f::Iiet:l st:lall eeRtaiR tf::le fGIIQ'NiFl~ exf::li8its te 8@ eeRsi€lere€l eem~lets: 1. R~Jat .(I.pp,'lfJatlr;JF/ Tf::Ie a~~lieatieFl sf::lall 8e eFl ferm€: fl;l~Risf::lB€l 8Y tf::le .'\€lmiRistrative Offisial re€:~eFl€:i8Ie fer sl;l8€livisieR revis'N. If tf::le a~~lieaRt is Ret tt:le effieial Q'.IJFler ef reeerGl, '.':ritteR al;ltf::lerizatieFl frem tf::le ~r~~8Fty eV:Fler is ~eEll;lir8G1. 2. R~.'at f).~al':inf/ Tf::IQ ~Iat GlrewiR~ €:f::Iell eeRtaiR tt:le iRfGrmatieR seRtaiRs€l .;n S@fJt!fJR S.11 Re€fblimri P./at .'nfer-matIGn ef tf::lis baR€ll)evsle~meRt CeGle. 3. D."'alnag@ Stbtdr Tf::Ie sl;l8€livi€ler st:lel;ll€l Glisel;lss '.vitf::l tf::le €lily sR~iReer tf::ls RBB€l te sI;l8mit a PrelimiRar)' l)FaiRa~B J'.Flalysis ts €letsrmiRs tf::le RSB€l fer €lraiFla~e faeilitiss sr e l)reiRa~e Stl;l€ly witf::l 8R~iFleBriFl~ €lrawiR~s. ARY PrelimiRar)' l)FBiRa~e ARalysis er l)F.aiRa~e Stl;l€ly €:f::Iall 88 ~~8~areGl iR aeeer€laFlee witf::l tf::le rSEll;lirsmsRts eeRtaiRs€l In CRapte.'" 11 finf/IRfUJ."'lnf/ Design Stanoo."'ds ef tf::lis beR€l l)e'/BIQ~meRt Ce€le, Tf::IB PlaRRiR~ aR€l ZeRiR~ Cemmi€:sieR sf::lall net rgeemmsR€l fGr a~~reval :,IFIY ~Iat wf::lief::l €lees Ret ~re\'i€le e€lBEll;late fa€lilitiB€: t@ ae€lemm@€lats stermwater rl;lReff. 4. CGnst.'~bl€tl6lf-l f)f.a\'/.r~f/s 'Nf::IeFl tf::le ~rs~ss8€l €l8'Jels~m8Rt reEll;lires tf::le eeFl€:t~l;letieFl €If ~1;l8Ii€l im~re\'emGRts, tf::lB a~~lieaFlt €:f::Iall sI;l8mit eSFI€:t~l;letiQFI ~laFl€: \'Jitf::l tf::lB RB~lat fGr a~~re':al 8Y tf::lG City. Tt:le eGRstrl;letieR €lFB'.':iFl~€: sf::Iall eeFlfGFm te tf::le tBef::lFli€lal s~8ei~eatiQFlS eeRtaiRe€l iR Chf1f3tGr 11 finf/ln@flrlnf/ Deslf/n StaROO."OO ef tt:lis baR€ll)GvGle~meRt Ce€le aR€l sf::lall 8e ~re~are€l aFl€l sBale€l 8Y a Re~ister8€l PrefessieFlal ~R~iFlger, liesFlse€l ts ~raeti€le iFl tf::le State ef TQ)(as. /ii. Tree .Q.'~@se.".'atifJF/ P.faR Tf::Ie €:1;l8€liviGler €:f::Iall sl;l8mit a t~@8 sl;lPi.'ey er aFl aerial ~f::Ists~Fa~f::I iFl€lieatiR~ tf::le ~BFlBral eev8ra~e sf trees. VI.'f::Iere trees are we~ese€l fer FBmeval, tAe sl;l8€livi€ler sf::lall sl;l8mit a tree r8~laeemeRt ~laFl. Tf::I9 tree €:l;lrv9Y, aerial ~f::IBte~ra~f::I aFlGl treB re~lae9meFlt ~IGlFI sf::lall 8e iR aee@reaRee '.vitf::l Chapter 6 Trf}fl .o.rflser.'atifJn sf tf::li€: Ce€le. 8. A.'blisrimf:e CfJmp.'i:1f-1fJ@ C@rlm9atifJf.l Tt:le sl;l8€livi€ler sf::lall sl;l8mit a eeFtifieatieFl frem tt:le eitl ee€le eBm~liaFlee effieer iR€lieatiFl~ tf::le statl;ls ef tt:le ~re~sFt)' re~ar€liR~ ~1;l81ie Rl;li€3F1ees. 7. Taxes ,o:1id C@r-fi€at.;@n Tf::Ie a~~Ii€laFlt st:lall sl;l8mit evi€leRee from all leeal ~1;l8Ii€l ta)(iR~ eRtitie€: iFl€lieatiR~ tf::lat RB €leliFlElI;lBFlt taxB€: are €ll;le, a. .C::ees Tf::IB af')f')lieaFlt €:R911 ~9Y tt:l8 G1~~lieGl8Ie ~IGlt a~~lieatieR ~e '.vf::leFl tf::le a~~lieati@FI i€: sl;l8mitte€l t@ U~e .'\€lmiRistrati'/B Offieial. 8.11. C .\BIHTIml!~1:. CRITERI:~ F9R RE Pl..\.l'TTI!\J€J c. Additifmal CFitsFia fSf Rsp!aU.:nfl Tf::IG fGllevJiR~ a€l€litieRal eriteria fer a~~reval sf::lall a~f')ly iR tf::lB r9 sl;l8€1ivisieFl sf GlR exibtiR~ ~Iat, witf::lel;lt vaeatiR~ tf::le imme€liate ~rBvisl;ls ~Iat: Chapter 8 - Plat Review Procedures Page 8 - 14 City of Colleyville, Texas, land Development Code 1. ^ ~...~lis ~eariR!!l ~~all ~e req...ire€l eR tRe Rel3lat at \'JRis~ iRtere~te€l l3aF-tie~ aR€I BitizeR~ ~a'.'e aR el3~eFt"'Rity te ~e ~ear€l. 2. If aRY ef t~e 13r8l3ese€l area te ~e re ~"'~Ek:i€le€l er re ~13tte€l, wit~iR t~B imme€liate ~reBe€liR!!l five year~, was limite€l ~y aRY iRterim er l3eFmaReRt zeRiR!!l Bla~~ifiBatieR te rB~i€lEmtial ...~e fer Ret mere t~aR t'.VB re~i€lBRtial "'Rits l3er let, er if aRY let iR t~e imme€liate I3re'/ieys s...~€IivisieR vIas limite€l by aees restristieR tEl re~iaeRtial ...se fer Ret mere tl;1aR R'/e resiaBRtial YRits ~8r let, Reti@8 sf tl;1e I3Ybli@ l;1eariR!!l sl;1all be !!liVeR iR a€lvaRBEl iR t~e fellElwiR!!l maRRer:: a, PYbliB3tieR at least 16 €Iay~ ~ElfGre t~e €late ef t~e ~eariR!!l iR a Re':Jsl3al3er ef !!leRBr31 @ir@ylatieR iR t~e City, b. ^ writtBR RetiBs (lJ:it~ a @e13Y ef l3ara!!lr:al3~ (2) attaQ~e€l) ef t~e ~Y~li@ ~eariR!!l 19 1;1 all be feF\\'araea FIe le~~ t~aR fifteeR (16) €Iay~ prier t9 t~e €lay ef t~e ~eariR!!l te t~e eWRers (as t~e e'.vRers~il3 app9ar~ eR tRe last a~preve€l a€l '.'alerem tax rell) ef all lets iR t~e imme€li3te I3re@e€liR!!l plat t~at are v:itl;1iR 200 feet ef t~e lets te ~e re ~Iatte€l. T~e RetiQs may be ssrve€l by €lepe~itiR!!l it I3rel3erly a€l€lresse€l aR€ll3e~ta!!le ~3i€l, iR t~e IJRite€l ~tate~ ~e~t effi@e, A. If t~e I3rel3ese€l replat f9qYir:es a waiver ef a reqYiremeRt aR€l is preteste€l iR a@@ef€laR@e witl;1 t~i~ se@tieR, t~e ~rEll3ese€l replat m...st r8@9i':e, iR eraer te ~e a~l3re'/e€l, t~e affirmative vets ef at least t~reEl fe...rt~~ Elf t~e mem~efs I3reseRt Elf t~El PlaRRiR!!l aR€l ZeRiR!!l Cemmi~~iElR aR€l/er City CeYR@il. Fer a IEl!!lal prete~t, "'.'FitteR iRstrymeRts ~i!!lR9aby tREl ElWRer~ Elf at lea~t 29 l3ef@8Rt Elf t~e arB3 ef t~El lets er laRa immElaiately a€ijeiRiR!!l t~e area @Elvere€l by t~e I3fepese€l re~lat aRa 8XtGlRSiR!!l 299 feet frem t~at area, bYt ':Jit~iR tl;1e eri!!liRal sYbai'/isieR, mY~t be filea 'Nit~ tl;1e PlaRRiR~ aRs ZeRiRQ CElmmissieR iim€l City Ce...R@i1l3rier te t~s BlesiR!!l ef t~8 l3...bli@ ~8ariR!!l. IR seml3...tiR!!l t~e 138r@ElRta!!le ef laRa area, tRe area €If street~ aRa a1l9Y~ ~~all ~e iRBlyasa. ~. Ceml3liaR@e '.\'it~ l3ara!!lral3~s (2) i (3) is Ret reqYire€l fer al3l3re\.'al ef a rel3lat er a peF-tieR ef a I3rier I3lat if t~e area te ~e re platte€l '.vas €leSi!!lRate€l er re~er\'e€l fer et~er tRaR SiR!!lle er aY~le)( family f8si€leRtial Y~e ~y Ret3tieR eR t~e last le~ally re@Elras€l I3lat er iR t~e le!!lally rs@er€le€l rs~tfiBtiEm~ a~pliQGlble te t~e I3lat. 8.11.:0 RECQRlma;: OF:A REpl.:1T D. RSfjfilrdiR(f filf a RSI1/st T~El City s~all reBer€! t~Q plat \'/it~ t~e TarraRt CeYRty Clerk's Offi€9 '.\'~eR t~e fellswiR!!l are €emplete: 1. TRe I3lat ~as ~eeR arawR ElR mylar rspre€l...Qibls film er et~Elr permaRsRt material aRa ~a~ beeR ~i!!lRe€l ~y t~e PlaRRiR~ aRa ZaRiR!!l Cemmi~sieR C~aifmaR aR€l ~eGretary; 2. 1'.11 ReBElSSary fi~Gel a!!lreElmeRts ~ave GeeR epl3reve€l by tRe City; &. .^.I1 fees ~Gl'JQ ~e8R rSGei'/sa; aRa ~. T~e QifsBter Elf Py~liG ~8NiGes l;1a~ appre\'El€l all ElR!!liREleriR!!ll3laR~ eRa &~eQifiBatieRs, if al3l3liQGl~le, Section 8-150 Amending Plats 8.12.J~ ..l~l\IlSmHNG PLAT Cl.:.SSIFIC:. Tl8l'I A. Amendinq Plat Classification - The Amending Plat procedure shall be used when making a minor change to an existing subdivision. These changes must not be substantive, nor create any new lots. Notice, public hearing, and the approval of other lot owners is not required for the approval of an Amending Plat. 8.12.B l.l\IErIDIl'IG Pl.:. T PROCEDloTRES Chapter 8 - Plat Review Procedures Page 8 - 15 City of Colleyville, Texas, Land Development Code B. Amendinq Plat Procedures - The City is authorized to approve an Amending Plat which is signed by the property owners, and which is for one (1) or more of the purposes set forth in this Section, and such approval shall not require notice, hearing or approval of other lot owners, Amending Plats in accordance with the provisions of this Section shall be approved if the sole purpose of the Amending Plat is to: 1. Correct an error in any course or distance shown on the prior plat; 2. Add any course or distance that was omitted on the prior plat; 3. Correct an error in the description of the real property shown on the prior plat; 4. Indicate monuments set after death, disability or retirement from practice of the surveyor charged with the responsibilities for setting monuments; 5. Show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; 6. Correct any other type of scrivener or clerical error or omission as previously approved by the City; such errors and omissions may include, but are not limited to, numbers, acreage, street names and identification of adjacent recorded plats; 7. Correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment, and neither lot is abolished; provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; 8. Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; 9. Relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: a. Attempt to remove recorded covenants or restrictions; or b. Increase the number of lots; or c. Remove or otherwise abandon any easement or right-of-way. 10. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or part of the subdivision covered by the preceding plat if; a. the changes do not affect applicable zoning and other regulations of the municipality; b. the changes do not attempt to amend or remove any covenants or restrictions; and c. the area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area; or 11. To replat one or more lots fronting on an existing street if: a. the owners of those lots join in the application for amending the plat; b. the amendment does not attempt to remove recorded covenants or restrictions; c. the amendment does not create or require creation of a new street or make necessary the extension of municipal facilities. Chapter 8 - Plat Review Procedures Page 8 - 16 City of Colleyville, Texas, land Development Code 8.11.C AM:El"IBIl'IG Pl.:~T EXIIIBI'fS C. AmendinQ Plat Exhibits - The subdivider shall file an application for approval of an Amending Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Amending Plat Application - The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Amending Plat Drawing - The plat drawing plat contain the information contained in Section 8.14 - Required Plat Information of this land Development Code, where applicable. 3. Drainage ~ Information - The ~\;I~€Iivi€ler she\;ll€l €Iis€l\;ls~ ','Jith the €lity eFl~iFlser As determined bv the Director of Public Works the F1ee€l te developer shall submit a Preliminary Drainage Analysis or a Drainage Study. When tAS PrelimiRial)' OraiRa~e 1'.F1alysis !;las GetermiRe€l tRat drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with sR~iReeriR~ €Ira\':iFl~s supportinQ documentation which shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this land Development Code. The PlaRRiR~ aR€I ZeRiR~ CemmissieR sAall Ret re€lemmeR€I fGr apprGl\.'al aRY plat ',':Ai@R Gees Ret prsvi€le a€ls€lblate f-3@i1itiss ts a@@smmsGate stermwater rblReff. 4. Construction Drawings - When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the plat fer appreval ~y tAB City. The construction drawings shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Nuisance Compliance Certification - The Code Enforcement Officer ~w8€1i'Ji€ler shall sw~mit a provide certification fr9m tAe @ity €le€ls @smpliaR€l8 effj@er indicating the status of the property regarding public nuisances. 6. Taxes .Q@,ifi CeFtfooatfgn T!;le appli@taRt ~Rtall s\;l~mit s','i€leR€l8 frsm all 18€l31 pw~li@ tta)dR~ sRtities iR€li@atiR~ that Re €IeliR€lwSRt tta)(9S are €IbiS. :j. ~. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. 8.11.>> RECORDING :AN LM:El"lBIl'IG Pl.J..T D. R9f19rfiiRfi/ an Am9Rfijnfi/ Plat T!;le City sRall re@sr€l t!;le plat '1fith t!;ls Ce\;lRty Clerk's Offi@e ",:!;leR tR9 felleVJiR~ :are @emplets: 1. T!;le plat has ~seR €IrawR SR mylar rspre€lw@i~le film sr et!;ler permaRsRt material aR€lhas ~esFl si~Re€l ~y t!;ls A€lmiRistrative Offi€lial ablt!;l8rize€l te apprs','s taR AmeR€liR~ Plat; 2. .'\11 RB@e~~31)' fi~@al a~rssmeRts ha'Js ~S9R appF9'1e€l ~y t!;le City; J. .^,II fees !;la'/s ~seR FBesive€l; aR€I <I. TRS Qir€l€lter ef P\;I~Ii€l Servi€les has appreve€l all sR~iR8eriR~ pl3Rs aR€I spe€lifi€latisRs, if appli€la~le. Section 8 155 Offtc 'al Plat Rec cf A. Required Fi/inQ Documents - No subdivision plat shall be filed of record with the Tarrant County Clerk's Office unless the followinQ are complete: Chapter 8 - Plat Review Procedures Page 8 - 17 City of Colleyville, Texas, land Development Code 1. The plat has been drawn on mylar (reproducible film or other permanent material. contains all required siqnatures. includinq the siqnature of the Planninq and Zoninq Commission Chairman. and/or the Mayor, or City staff, as applicable: and 2. All applicable fees have been received. B. Construction Prior to Official Filinq - No construction of public improvements shall be allowed and no permits for buildinq construction shall be approved until the subdivision plat has been filed of record with the Tarrant County Clerk's Office. C. Maximum Approval Period - The approval of a subdivision plat shall expire one-hundred and eiqhty (180) days from the date of approval by the approvinq body. unless the subdivision plat has been filed of record with as provided in this Section. D. Re-approval Required - No subdivision plat shall be filed of record with the Tarrant County Clerk's Office where the approval time period has expired. unless the approvinq body has approved a re-submittal of the plat application and payment of plat application fee. Section 84551M!. Vacation of Plats A plat may be vacated by the owners of the land covered by the plat at any time before a lot in the plat is sold. If lots have been sold, the plat or any part of the plat may be vacated upon the application of all the owners of lots in the plat and with the approval of the City obtained in the manner prescribed for the original plat. Section 846G ill Required Plat Information A The applicant requesting subdivision plat approval shall submit the required number of copies of a plat drawing as determined by the Administrative Official and which complies with this Section. 1. All plat drawings shall contain the following information, where applicable: a. Owner / Subdivider - The names and addresses of the subdivider and the current owner of record. b, Surveyor Name - The name, address and telephone number of the surveyor responsible for the plat, which shall contain the seal of a Texas Registered Professional Land Surveyor. c. Subdivision Name - If the land to be platted is situated within or adiacent to an existing subdivision, that plat may take the name of the existing subdivision, subject to the approval of the City. The name of the proposed subdivision shall be clearly shown with large letters and shall not be a duplication of any existing subdivision name, whether by spelling or pronunciation, or similar to any other subdivision within the City. Preee€liA~ tRe RaR'lQ 9f tRe sYB€livisieR sRall Be a Title Ealeel{ iR€lieatiRg The plat drawinq shall indicate whether the plat is a Preliminary Plat, Final Plat, Replat, or Amending Plat. d. Location Map - A location map showing the tract by reference to streets or highways. e. Date - The date the plat was prepared. f. Scale & North Arrow - The plat shall be prepared at a numerical scale no greater than one (1) inch equals one hundred (100) feet unless approved by the Administrative Official responsible for subdivision review. A graphic scale symbol shall be placed on the drawing with a north arrow indicating the approximate true north. Chapter 8 - Plat Review Procedures Page 8 - 18 City of Colleyville, Texas, land Development Code g. Subdivision Boundary Lines - The subdivision boundary lines shall be shown in heavy lines so as to provide a differentiation with the internal features of the area being proposed for platting, The location and dimensions of all boundary lines of the property shall be expressed to the nearest hundredth foot. h. Metes and Bounds Description - A written metes and bounds description of the property shall be shown on the plat and be capable of reproducing such lines upon the ground with a closure error of less than 1 :25,000. The legal description shall include reference to an original survey, &F subdivision corner, aM Q! the Texas ~I^DSJ State Ph~Re Coordinate System of 1983. North Centra/ Zone. The legal description shall include the acreage of the total area of the proposed subdivision and be consistent with the subdivision boundary. The legal description shall contain information to show the last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. i. Adjacent Properties - All property lines, streets and easements on lands immediately adjacent to and contiguous with the perimeter of the proposed subdivision and extending one hundred (100) feet shall be shown with the names of the owners as shown on the most current Tax Assessor's files; if the adjacent properties are platted, the names of adjoining subdivisions and the names of adjoining streets are to be shown. T~e !'llat er gee€! reGer€!iRlJ iRfGF~atieR s~6111 Be ~~eWR. j. Street Rights-of-Way - The width of all public street rights-of-way shall be shown on the plat. The general location and width shall be consistent with the Master Thoroughfare Plan. Dimensions shall be shown for all curves. The distance from the centerline of any existing roadway of a boundary street to the proposed subdivision shall be shown to determine the adequacy of right- of-way along the route and to determine if additional right-of-way is necessary to accommodate the proposed street. k. Permanent Structures - The location and general outline of any existing permanent structures with sufficient dimensions to determine building line encroachments. Any permanent structures which encroach any building set-back lines that will remain after completion of the development shall be shown on the drawing with appropriate dimensions. I. Building Set-back Lines - Front building set-back lines shall be indicated by dashed lines on all lots in accordance with the requirements of the applicable zoning district. Side yard building set- back lines shall be indicated by dashed lines on the side yards of lots with side street frontage. Additional building set-back may be required by the City. Existing building set-back lines on adjacent properties shall be shown, where applicable. m. City Limit Lines - The genera/location of the city limit boundaries of the City of Colleyville and any adjacent city shall be shown on the plat and references per citv maps on/v, n. Easements - The location and dimension of all existing or proposed easements shall be shown on the plat drawing indicating whether such easement is for any specific purpose. General easements for the use of public utilities of not less than seven and one-half (7.5') feet in width shall be provided along each side of all rear property lines. If necessary for the extension of water or sewer mains, storm drainage or other utilities, easements of greater width may shall be required along lot lines or across large lots. In all cases, easements shall connect with easements already established on adjoining properties or extend to connect with a public right-of- way. No lot shall be shown with an easement which prevents proper development and full utilization of the lot as a suitable building site for the intended zoning district. o. Lot and Block Numbering - All lots and blocks shall be consecutively numbered, or lettered in alphabetical order. The blocks in subdivisions bearing the same name shall be numbered or lettered consecutively through the several sections or phases. Lettering for blocks shall be larger and bolder than lot numbers or circled to make identification clear. Any lot or block which is planned as an 'out-parcel' shall be numbered and designated on the plat with notation regarding any development restrictions. Chapt.er 8 - Plat. Review Procedures Page 8 - 19 City of Colleyville, Texas, land Development Code p. Sheet Size - Map sheets shall be of such size as are acceptable for filing in the Tarrant County Clerk's Office, and shall not exceed twenty-four by thirty-six (24"x 36") inches, but may be eighteen by twenty-four (18" x 24") inches, with a binding margin of not less than one and one- half inches on the left side of the sheets. Sheets shall be numbered in sequence if more than one (1) sheet is used and an index sheet provided with match lines. q. Plat Notes and Conditions - When appropriate, the plat shall contain a listing of any Plat Notes and Plat Conditions in a readily identifiable location with each note numbered consecutively. r. Public Use Areas - The location and dimensions of all property proposed to be set aside for public use or common reservation shall be shown on the plat drawing, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation. s. Street Names - All street names shall be shown on the plat. New street names shall be sufficiently different in sound and in spelling from other street names in the city to avoid confusion. The continuation of an existing street shall bear the same name. t. Phasing of Plats - The plat drawing shall indicate any phasing of the proposed subdivision. Thereafter, plats of subsequent phases shall conform to the approved overall layout and phasing, unless a revised Preliminary Plat is submitted and approved in accordance with this Chapter. However, a subsequent reduction of a phase may be considered provided that it conforms to the original street arrangement. u. Lot Dimensions - The approximate dimensions of all lots shall be shown on a Preliminary Plat and the exact dimension shown on all other plats with accuracy to one-hundredth's of one foot. The dimensions shall be sufficient to verify compliance with the minimum requirements of the applicable zoning district. v. Flood Plain Features - The location of the 1 DO-year flood limits, if applicable, shall be shown on the plat and contained within a drainage easement. If the subdivision, or a portion thereof, is located in the 100 year flood-prone area, the developer will be required to comply with the Flood Damage Prevention Ordinance. w. Irregular Side Lot Lines - Side lot lines which are not perpendicular to the street right-of-way shall be indicated with bearing and distance. x. Lot Areas - The area for each lot expressed in square feet shall be shown on the plat. y. Survey Notes - The Final Plat shall be accompanied by one (1) set of surveyor's closure notes for the boundary of the subdivision. The notes shall be referenced in the same manner as the plat. z. Certification Blocks - All plats shall contain the appropriate certification blocks which shall be similar to those shown. Planning and Zoning Commission Approval WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this _ day of , 20_, to approve this Plat. Chairman, Planning and Zoning Commission Attest Secretary. Planning and Zoning Commission Chapter 8 - Plat Review Procedures Page 8 - 20 City of Colleyville, Texas, land Development Code City Council Approval Whereas the City Council of the City of COlleyville, Texas voted affirmatively on this ,20_, to approve of this Plat. day of Mayor, City of Colleyville Attest: City Secretary Staff Approval Authority This amending plat is approved in accordance with Section 212.0065of the Texas Local Government Code and the City of Colleyville Subdivision Regulations Date Community Development Manager Director of Public Services Dedication Certificate WHEREAS, (owners name), are the owners of a tract of land situated in the (name) Survey, Abstract N, (#), Tarrant County, Texas, and being out of a (#) acre tract conveyed to them by (deed reference), and being more particularly described as follows: (metes and bounds description) NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets, rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and accommodation of all public utilities desiring to use or USing the same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas. Witness our hands this day of ,20 . Owners Name STATE OF TEXAS COUNTY OF TARRANT }{ }{ Chapter 8 - Plat Review Procedures Page 8 - 21 City of Colleyville, Texas, Land Development Code Before me, the undersigned Notary Public in and for said county and State on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein stated. Given under my hand and seal of office this _ day of ,20_. Notary Public in and for Tarrant County (affix seal) My printed name My commission expires: Surveyor's Certification KNOW ALL MEN BY THESE PRESENTS: That I, , a Registered Professional Land Surveyor licensed in the State of Texas, do hereby certify that this Plat is true and correct and was prepared from an actual survey made under my supervision on the ground, Further. this survey conforms to the aeneral rules of Drocedures and Dractices of the most current Professional Land Survevina Practices Act. Signature Date (Affix Seal) Section 8-465 170 Easement and Right-of-Way Encroachments (Ord.0-01-1280/08/08/01) No building permit shall be issued for any structure that encroaches into or over a public drainage and/or utility easement or public right-of-way, unless an easement encroachment and joint use agreement has been approved in accordance with the procedures contained in this Section. 1. The applicant must submit a written application on forms furnished by the City, together with the appropriate filing fee, stating the reason for the proposed encroachment. Said application must contain the signature of the property owner or legal agent of the property owner where the encroachment is proposed or of the property that is adjacent to the right-of-way where the encroachment and joint use is proposed. 2. The applicant must provide a metes and bounds description indicating the exact location of the encroachment and a plot plan showing the nature of the improvements proposed within the encroachment area. 3. The application must include written documentation signed by all public utility companies, including the City of Colleyville Engineering Department, indicating their consent to the encroachment and joint use of the easement or right-of-way. All public utility companies must approve the encroachment request before any consideration is given by the City of Colleyville. 4. No notification of adjacent properties is required unless, the City Manager, or designated official, determines that the encroachment or joint use has a direct impact on the adjacent properties. 5. An application requesting an easement encroachment may be approved by the City Manager or other designated official. Applications requesting a right-of-way encroachment require approval by the City Council. Chapter 8 - Plat Review Procedures Page 8 - 22 City of Colleyville, Texas, Land Development Code 6. Upon approval of the request, documents shall be filed in the Tarrant County Deed Records. 7. The application fee shall be set by separate ordinance approved by the City Council. Section 8-4*0 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number Date Subject 0-00-1261 12/19/00 Incomplete Submittals / ORC Review 0-00-1280 08/08/01 Easement & right-of-way encroachments Chapter 8 - Plat Review Procedures Page 8 - 23 Draft Ordinance ORDINANCE 0-06-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 8, PLAT REVIEW PROCEDURES, OF THE LAND DEVELOPMENT CODE, PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on Apri/18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend certain portions of the Land Development Code regarding detention/retention pond regulations; 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 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 8 - Plat Review Procedures, of the Land Development Code, is hereby amended in its entirety to read as shown in the attached as Exhibit "An, Sec. 2. THAT Ordinance 0-00-1214, the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 3. 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. Sec. 4. 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. Sec. 5. 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. Sec. 6. THAT this ordinance shall take effect immediately from and after its passage. Sec. 7. THAT the City Secretary is hereby authorized and directed to cause Ordinance Q-06-XXXX Page 2 of2 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 2006. The second reading and public hearing being conducted on the 2006. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney day of day of EXHIBIT "Au Land Develooment Code City of Collevville. Texas Proposed Changes - Strikethrough Removed Section 8 -100 Purpose of This Chapter The purpose of this Chapter is to establish regulations which describe the process for the review and approval of subdivision plats, but more specifically to: A. provide for the safe, orderly, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, and general welfare of the community; B. encourage the orderly development of the city through appropriate growth management techniques assuring the timing and sequencing of development, promoting in-fill development in existing neighborhoods and nonresidential areas with adequate public facilities, to assure proper urban form and open space separation of urban areas; C. encourage appropriate protection to environmentally sensitive areas; D. ensure that public facilities and services are available; and E. establish procedures for the review and approval of subdivision plats. Section 8 -105 Authorization for Adoption of This Chapter The regulations contained in this Chapter have been adopted under the authority of the following: A. Chapter 212 - Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. B. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. C. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution and laws of the State of Texas. Section 8 -110 Variances and Appeals Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request using the procedures described in Chapter 1 - General Provisions of this Land Development Code. Section 8 -115 Definitions Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code. Chapter 8 - Plat Review Procedures . Page 8 - 1 Land Develooment Code City of Collevville. Texas Section 8 - 120 Plat Approval Required It shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter divide the same tract of land into two or more parts, to layout a subdivision, to layout a building lot, or to layout a street, alley, square, park, or other parts of the tract intended to be dedicated to public use, or for the use of purchasers or owners of lots fronting on or adjacent to the streets, alleys, squares, parks, or other parts for purpose of development without having a plat of the subdivision prepared and approved in accordance with this Chapter. A division of a tract includes a division regardless of whether it is made by using a metes and bounds description in a deed of conveyance or in a contract for a deed, by using a contract of sale or other executory contract to convey, or by using any other method for purpose of development. A division of land under these regulations does not include a division of land into parts greater than five acres, where each part has access and no public improvement is being dedicated. The provisions of this Chapter shall apply to any development which is intended as a single lot, tract or parcel where a primary structure will be located. Furthermore, the following shall be applicable to all subdivisions of land: A. It shall be the policy of the City of Colleyville to consider the subdivision of land and the subsequent development of the subdivided land as subject to the control of the City pursuant to the Colleyville Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. B. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land sold or created in violation of this Chapter. C. All plats and subdivisions shall conform to the rules and regulations set forth herein. D. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, where the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive provisions thereof shall apply. E. The provisions contained in this Chapter, shall be considered as the minimum requirements for review and approval of a subdivision plat. Section 8 -125 Plat Required for Building Permit No building permit shall be approved for any lot, tract or parcel of land unless and until a plat has been approved in accordance with this Land Development Code, except as provided as follows: A. Residential Structures - A building permit for an addition to, or renovation of, an existing residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-construction activities. B. Non-residential Structures - A building permit for an addition to, or renovation of, an existing non- residential structure may be issued on an un-platted lot, provided the value of such proposed construction, including the cumulative value of any proposed and all previously permitted building permits on the primary structure, does not exceed fifty (50%) percent of the value of the existing structure, excluding the value of the land, as shown on the most current tax roll. Building permits as used herein do not include electrical, plumbing or similar non-construction activities. C. Plattino Exemption for Certain Accessory Buildinqs - A building permit for an accessory structure may be issued on an un-platted lot in the Agricultural District. D. Public Facilities Available - No building permit for a primary building will be issued until all public facilities have been installed and have been approved and accepted by the City or provision, acceptable to the City, has been made by the developer for such public facilities. Chapter 8 - Plat Review Procedures Page 8 - 2 Land Oevelooment Code City of Collevville. Texas Section 8 - 130 Approval Authority Over Subdivision Plats A. Approval of Plats Required - In accordance with Chapter 212.004 of the Local Government Code, the Planning and Zoning Commission shall approve all subdivision plats, provided said plat conforms to the requirements and specifications of this Land Development Code. In addition to the requirement of approval of subdivision plats by the Planning and Zoning Commission, the City Council shall also be required to approve subdivision plats, except for the approval of minor plats or amending plats. In the event of any discrepancy between a plat as approved by the Planning and Zoning Commission and the City Council, the plat approved by the City Council shall prevail. The approving body for all subdivision plats shall be in accordance with the following table: Preliminary Plats no yes yes -.--.-.-...--.--------.-.-..----------. Final Plats no yes yes .-.-----.-----.-.---.------ Minor Plats no yes no .--,.--.--.-.-.----------.--. --------. Amending Plats yes no * no *. * The Planning and Zoning Commission shall have the authority to approve an Amending Plat which has not been approved by City Staff. ** The Planning and Zoning Commission may additionally require the approval of an amending plat by the City Council. B. Minor Plat Approval bv PlanninQ and ZoninQ Commission - The Planning and Zoning Commission shall be authorized to approve or disapprove a Minor Plat, as defined by this Land Development Code, without the additional approval of the City Council. If the application includes a request for a waiver or modification of a platting regulation, the Planning and Zoning Commission shall have the authority to approve the request. The Planning and Zoning Commission may require the additional approval of any Minor Plat or waiver request by the City Council. C. Amendinq Plat Approval bv Staff - The City Manager, or his designee, shall be authorized to approve an Amending Plat as defined by the Local Government Code, provided said plat conforms to the requirements and specifications of this Land Development Code. If the application includes a request for a waiver from the subdivision requirements, the City Manager, or his designee, shall present the amending plat to the Planning and Zoning Commission for approval. The Planning and Zoning Commission shall have the authority to approve the Amending Plat. The Planning and Zoning Commission may require additional approval of any Amending Plat by the City Council. The City Manager, or his designee, may not disapprove an Amending Plat, but shall refer any Amending Plat which he refuses to approve to the Planning and Zoning Commission within thirty (30) days after the date the plat is filed. D. Appeal Procedure - A subdivision plat that has been denied may be appealed to the City Council for consideration at the next available public meeting. Section 8 - 135 Procedure for Approval of Subdivisions A. Time Period for TakinQ Action - The Planning and Zoning Commission shall approve or disapprove a subdivision application within thirty (30) days after the date the subdivision application is filed as provided in this Chapter. A subdivision application is considered approved if the Planning and Zoning Commission fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty day time period for action by Chapter 8 - Plat Review Procedures Page 8 - 3 Land Develooment Code City of Collevville. Texas the Planning and Zoning Commission, provided said request is submitted in writing. B. Additional Time Period for City Council Approval - Where City Council action is required on a subdivision application as provided in this Chapter, the action shall be taken no later than thirty (30) days after the date the subdivision application was considered by the Planning and Zoning Commission. A subdivision is considered approved if the City Council fails to act on a plat within the prescribed period. Provided however, that the subdivider may request a deferral of action on the subdivision application, thereby waiving the thirty day time period for action by the City Council, provided said request is submitted in writing. C. Certificate of Compliance - In cases where the City fails to act on a subdivision application within the thirty day time period, the Administrative Official, upon written request, shall issue a certificate of compliance stating the date the subdivision was filed and that the City failed to act on the subdivision application within the specified time. D. Authorization to Sian Plats - The approval of a plat by the City Council, or in the case of a Minor or Amending plat by the staff or Planning and Zoning Commission, shall constitute authority for the Chairman and Secretary of the Planning and Zoning Commission andlor the Mayor and City Secretary, or staff to execute said plat, and shall constitute approval for recording in the County Clerk's Office of Tarrant County. E. Modification of Conditions - Where the approving body finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations or the purposes of these regulations may be served to a greater extent by an alternative proposal, it may approve modifications of conditions to these platting regulations so that substantial justice may be done and the public interest secured. Such a finding by the City shall not have the effect of nullifying the intent and purpose of these platting regulations. F. Completeness Determination - Every subdivision plat application shall be subject to a determination of completeness by the Administrative Official as provided in this Section. 1. No later than the tenth business day from the date the application is received, the Administrative Official shall make a written determination that all information and documents required by the Land Development Code for a subdivision plat submittal have been received. 2. The applicant shall be provided written notice of any deficient exhibits no later than ten (10) business days from the date the application is received. The determination shall specify the documents or other information needed to complete the application and shall state the date the application will expire if the documents or other information are not provided. For purposes of this Section, the applicant shall be deemed to have been notified if the City has mailed a copy of the determination as provided herein. 3. The processing of an application by any City official or employee prior to the time the application is determined to be complete shall not be binding on the City as the official acceptance of the application for filing, 4. A determination of completeness by the Administrative Official shall not constitute a determination of compliance with the substantive requirements of the Land Development Code. G. Expiration of Application - If a subdivision plat application is not completed on or before the 45th day after the application is received by the Administrative Official for processing, the application will be deemed to have expired. Thereafter, a new subdivision plat application must be submitted, including payment of the applicable application fee. The City shall retain any fee paid for reviewing the original application for completeness. H. Incompleteness as Grounds for Denial - No subdivision plat application shall be scheduled for action by an approving body unless it is determined that the application is complete and all required items, studies and documents have been submitted to and received by the City, unless the applicant has provided a written request for a waiver or modification of said requirement. An incomplete subdivision application shall be grounds for denial or revocation of the application. No vesting right shall accrue from the filing of an application that has expired pursuant to this Section, or from the filing of a complete application that is subsequently denied. Chapter 8 - Plat Review Procedures Page 8 - 4 Land Develooment Code City of Collevville. Texas I. Official Plat Submittal Date -The date from which the statutory period requiring approval or disapproval of a subdivision plat application shall commence on the date the Administrative Official responsible for processing subdivision plat applications has determined the application to be complete and marked said date on the application and has scheduled said application for action by the approving body. J. Development Review Committee - The City Manager shall designate a Development Review Committee (DRC) which shall be an advisory committee to the Planning and Zoning Commission and have responsibility for providing comments and recommendations on subdivision applications. In addition, the Development Review Committee shall submit comments and recommendations on vacation of public rights-of-way or easements and site plan reviews required by this Code. The Administrative Official responsible for subdivision review shall coordinate the actions of the Development Review Committee. K. DRC Review - Copies of subdivision plat applications shall be distributed to the Development Review Committee (DRC) members for technical review. The DRC shall provide written comments and recommendations on the proposed development to the Administrative Official. The Administrative Official responsible for subdivision review shall compile a report of the written comments received from the DRC and provide a copy of said report to the subdivider within five (5) working days following the day of receipt of all staff comments. The subdivider shall submit revised copies of the subdivision application, which incorporates and fully satisfies the comments of the DRC or provide written response as to why such modification is not proposed. L. Consistency with Master Plans - No subdivision plat shall be approved which is not consistent with the Colleyville Master Plan, the Parks Development Plan, and trail systems plans of the City. M. Compliance with Zonino - No subdivision plat shall be approved that is not consistent with the existing zoning regulations applicable to the property being platted, unless a rezoning application is pending that will provide consistency with the proposed development. N. Public Facilities - No subdivision application shall be approved by the City unless the Director of Public Works has reviewed the construction plans for the proposed development and has determined that the public facilities will be adequate to support and service the area of the proposed subdivision. To expedite the review process, the Director of Public Works may accept a written offer by the developer as satisfactory evidence that public improvement requirements of the Land Development Code will be satisfied. The Director of Public Works may require the applicant to submit sufficient information and data to demonstrate that the existing public facilities are adequate to serve the proposed subdivision. Public facilities and services to be examined for adequacy shall include drainage facilities, roads, sewage, and water systems. Public facilities shall be designed and constructed in accordance with the requirements contained in this Land Development Code. Said proposed public improvements shall conform to and be properly related to the Colleyville Master Plan and all applicable capital improvement plans, including but not limited to the following: 1. Master Thorouohfare Plan - All subdivisions shall be designed to coordinate with the right-of-way widths and street patterns shown on the Master Thoroughfare Plan. 2. Water System - All lots shall be served by a public water system capable of providing water for health and emergency purposes, including adequate fire protection. Proposed water system improvements shall be consistent with the Master Water System Plan. 3. Wastewater Collection System - All lots shall be served by an approved means of wastewater collection and treatment. Proposed sewer system improvements shall be consistent with the Master Wastewater Collection System Plan. 4. Storm Water Manaoement - The Director of Public Works may require the use of control methods such as retention or detention, and/or the construction of offsite drainage improvements to mitigate the impacts of the proposed developments. Any proposed drainage system improvements shall be consistent with the Master Storm Water Management Plan. Chapter 8 - Plat Review Procedures Page 8 - 5 Land Oevelooment Code City of Collevville. Texas O. Record Maintenance - The Administrative Official responsible for subdivision review shall maintain a record of each application submitted under this Chapter, and the action taken on the application. P. Dedication Offers - All streets, drainage ways, parks, and other rights-of-way or public easements shown within a subdivision plat and intended for public use shall be offered for dedication as part of the approval of a plat. Upon approval of the subdivision application by the City, the offers shall be deemed dedicated and available for acceptance by the City in accordance with the requirements of this Section. 1. Whenever a subdivision proposes the dedication of land for public use and the City finds that such land is not required or is not suitable for public use, the City may either deny the subdivision application or require the rearrangement of lots to include such land. 2. The approval of a subdivision plat by the City is not considered an acceptance of any dedication and does not impose on the City any duty regarding the maintenance or improvement of any dedicated parts until the City Council makes an actual appropriation of the dedicated parts by entry, use, or improvement. 3. Disapproval of a plat shall be deemed a refusal by the City to accept the offered dedications shown thereon. Q. Nuisance Ordinances and Outstandina Liens - No subdivision plat shall be placed on the agenda for action by an approving body in which the Code Enforcement Officer has issued notice to the owner of the property being subdivided that the property being considered for development is in violation of a public nuisance ordinance of the City of Colleyville and the violation has not been abated prior to the subdivision application date. No subdivision plat shall be placed on the agenda for action by an approving bodX that has an outstanding delinquent lien payable to the City of Colleyville. R. Frontaqe on Public Access Required - Every lot shall have frontage on a public street right-of-way. Said frontage shall not be less than eighty percent (80%) of the minimum required lot width established for the zoning district. In non-residential areas, access to a lot with a public access easement that is acceptable by the City as meeting the minimum requirements to provide public ingress and egress and for adequate emergency vehicle access may be allowed in lieu of a public street right-of-way. S. Plats Straddlinq or Adiacent to Municipal Boundaries - Where access to a proposed subdivision is required across land in an adjacent city, the Administrative Official shall coordinate the review of the plat with the adjacent city and the Planning and Zoning Commission may require written approval from the adjacent city. T. Official City Map - The Administrative Official responsible for subdivision review shall maintain an Official City Map, which shall indicate all subdivisions, lots and street rights-of-way. Subdivision plats hereafter approved shall be placed on the Official Map in a timely order and include the names of all streets and street suffix classifications. Where street name inconsistencies exist, from one subdivision to another, the Administrative Official shall place on the Official City Map the generally accepted street name, its proper spelling, and suffix classification. The Administrative Official responsible for subdivision review shall assign street address ranges for each block and coordinate these with the Office of the Fire Marshal and other emergency service providers. U. Enforcement of Chapter - In addition to any other remedy provided by law, the City and its officers shall have the right to enjoin any violation of this Chapter by injunction issued by a court of competent jurisdiction. Section 8 -140 Preliminary Plats A. Preliminary Plat Classification - Submittal of a Preliminary Plat is the first of a two step process for approval of a subdivision plat. The Preliminary Plat procedure shall be used when the property proposed for development is not platted as defined in this Chapter. The purpose of the Preliminary Plat procedure ctiapter-8=-Plat--Re~ew--Pr~Ced~res--------------------------------------------------------------PageS=-S-- Land Develooment Code City of Collevville. Texas is to allow a subdivider to submit an abbreviated subdivision proposal for approval to determine the feasibility of developing a parcel of land before proceeding to the final platting process. B. PlattinQ all Land in Common Ownership - The Preliminary Plat shall include all contiguous holdings of the owner, including land in "common ownership" as defined in this Chapter, with an indication of the portion which is proposed for subdivision. C. Phasinq of Preliminary Plats - In the event that the property indicated is to be final platted in phases, the Preliminary Plat shall clearly indicate the parcels of land to be included in the phasing. Subsequently, Final Plats shall generally comply with the phasing lines indicated on the Preliminary Plat. Significant departure from the phase lines indicated on the Preliminary Plat shall require an amendment to the Preliminary Plat prior to further final platting of property. D. Effect of Approval - Upon approval of the Preliminary Plat, a copy of the approved Preliminary Plat shall be signed by the Administrative Official and kept for public record. Said approved Preliminary Plat shall reflect any and all revisions to the original submitted Preliminary Plat as was directed by the Planning and Zoning Commission and/or City Council which were made a condition of approval. Approval of the Preliminary Plat shall not constitute final acceptance or approval of the subdivision but shall constitute authority to proceed with the Final Plat process as described in this Chapter. E. Expiration of Approval- Approval of a Preliminary Plat shall expire after twelve (12) months from the date of approval, unless a Final Plat is submitted for all or part of the area that has received Preliminary Plat approval. The approving body may approve a time extension upon written request from the developer or may waive the twelve month termination period when the Final Plat is determined to be consistent with the approved Preliminary Plat and no additional standards have been adopted by the City. F. Re-submittal of Preliminary Plat - When a Preliminary Plat is disapproved, the subdivider, at any time thereafter, may submit a new design for approval, following the same procedures as required for the original application, including the payment of application fees. G. Preliminary Plat Exhibits - The subdivider shall file an application for approval of a Preliminary Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Preliminary Plat Application - The application shall be on forms furnished by the Administrative Official. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Preliminary Plat Drawing - The plat drawing shall contain the information listed in Section 8 - 165 Required Plat Information, where applicable. 3. Preliminary Drainage Information - The subdivider shall submit a Preliminary Drainage Analysis to determine the need for drainage facilities, unless the Director of Public Works has determined that a Preliminary Drainage Analysis is not necessary at time of platting. The Preliminary Drainage Analysis shall be prepared in accordance with the drainage analysis requirements contained in Chapter 14 - Engineering Design Standards of this Land Development Code. 4. Preliminary Utility Plan - The subdivider shall submit drawings which shall indicate the general location and approximate sizes of all existing and proposed public utilities, unless the Director of Public Works has determined that public utility improvements are not necessary. The size of all proposed water and sewer lines shall be determined using the design criteria contained in Chapter 14 - Engineering Design Standards of this Land Development Code. 5. Tree Survey - Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree surveyor an aerial photograph indicating the general coverage of trees. 6. Nuisance Compliance Certification - The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances and outstanding liens payable to the City of Colleyville. Chapter 8 - Plat Review Procedures Page 8 - 7 Land Develooment Code City of Colfevville. Texas 7. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. H. Gradinq Site Prior to Final Approval - Following Preliminary Plat approval, the developer may apply for an earthwork permit and upon approval of said permit may commence construction to the grades and elevations required by the Preliminary Plat. Section 8 -145 Final Plats A. Final Plat Classification - Approval of a Final Plat is the second step in the process for approval of a subdivision plat. The Final Plat procedure shall be used when the property proposed for development has been previously approved as a Preliminary Plat and conforms to the requirements of this Chapter. The purpose of the Final Plat procedure is to allow a subdivider to submit for approval all the documents necessary to fully develop the subdivision. 1. Minor Plats: A Minor Plat submittal shall be used when the property proposed for development is not platted, contains four (4) or fewer lots and will not create a new street. A Minor Plat is intended to allow a subdivider to combine the Preliminary and Final Plat procedures and thereby expedite the review and approval of a small subdivision where no new public street is created. Where applicable, the Minor Plat submittal shall contain the same exhibits as a Final Plat submittal. 2. Replats: A Replat submittal shall be used when a previously platted property is proposed for redevelopment. A Replat may include an additional parcel of un-platted property when the size of the un-platted portion does not dictate the submittal of a Preliminary Plat. The Administrative Official responsible for subdivision review shall review each Replat application and determine whether or the not the size of the un-platted portion of the proposed development warrants the submittal of a Preliminary Plat. Where applicable, the Replat submittal shall contain the same exhibits as a Final Plat submittal. 3. Additional Criteria for Replats: The following additional criteria for approval shall apply in the re- subdivision of an existing plat, without vacating the immediate previous plat: a. A public hearing shall be required on the Replat at which interested parties and citizens have an opportunity to be heard. b. If any of the proposed area to be re-subdivided or re-platted, within the immediate preceding five years, was limited by any interim or permanent zoning classification to residential use for not more than two residential units per lot, or if any lot in the immediate previous subdivision was limited by deed restriction to residential use for not more than two residential units per lot, notice of the public hearing shall be given in advance in the following manner: i. Publication at least 15 days before the date of the hearing in a newspaper of general circulation in the City. ii. A written notice of the public hearing shall be forwarded no less than fifteen (15) days prior to the day of the hearing to the owners (as the ownership appears on the last approved ad valorem tax roll) of all lots in the immediate preceding plat that are within 200 feet of the lots to be re-platted. The notice may be served by depositing it properly addressed and postage paid, in the United States post office. c. If the proposed replat requires a waiver of a requirement and is protested in accordance with this section, the proposed replat must receive, in order to be approved, the affirmative vote of at least three-fourths of the members present of the Planning and Zoning Commission and/or City Council. For a legal protest, written instruments signed by the owners. of at least 20 percent of the area of the lots or land immediately adjoining the area covered by the proposed replat and extending 200 feet from that area, but within the original subdivision, must be filed with the Chapter 8 - Plat Review Procedures Page 8 - 8 Land Develooment Code City of Collevville. Texas Planning and Zoning Commission and City Council prior to the closing of the public hearing. In computing the percentage of land area, the area of streets and alleys shall be included. 4. Compliance with paragraphs (2) & (3) is not required for approval of a replat or a portion of a prior plat if the area to be re-platted was designated or reserved for other than single or duplex family residential use by notation on the last legally recorded plat or in the legally recorded restrictions applicable to the plat. B. Final Plat Prerequisites - a Unless exempt from the requirements of Preliminary Plat approval, no Final Plat shall be placed on the agenda for action by the approving body until a Preliminary Plat of a subdivision has been previously approved in accordance with this Chapter. Upon approval of a Preliminary Plat, a subdivider may file an application for approval of a Final Plat. The Final Plat shall conform to the Preliminary Plat as approved and incorporate any and all changes, modifications, corrections and conditions imposed by the prior approval. A Final Plat will not be presented to the approving body for consideration, which fails to incorporate the recommendations of the Preliminary Plat approval. C. Final Plat Exhibits - The subdivider shall file an application for approval of a Final Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Final Plat Application - The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Final Plat Drawing - The plat drawing shall contain the information contained in Section 8 - 165 Required Plat Information of this Land Development Code. 3. Drainage Information - The subdivider should discuss with the Director of Public Works the need to submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code. 4. Construction Drawings - When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the Final Plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Tree Survey - Where a subdivision plat indicates a proposed public street, the subdivider shall submit a tree surveyor an aerial photograph indicating the general coverage of trees. These documents are not necessary if they have been submitted with the Preliminary Plat. 6. Nuisance Compliance Certification - The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances and outstanding liens payable to the City of Colleyville. 7. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. Section 8 - 150 Amending Plats A. Amendinq Plat Classification - The Amending Plat procedure shall be used when making a minor change to an existing subdivision. These changes must not be substantive, nor create any new lots. Notice, public hearing, and the approval of other lot owners is not required for the approval of an Amending Plat. Chapter 8 - Plat Review Procedures Page 8 - 9 Land Develooment Code City of Collevville. Texas B. Amendinq Plat Procedures - The City is authorized to approve an Amending Plat which is signed by the property owners, and which is for one (1) or more of the purposes set forth in this Section, and such approval shall not require notice, hearing or approval of other lot owners. Amending Plats in accordance with the provisions of this Section shall be approved if the sole purpose of the Amending Plat is to: 1. Correct an error in any course or distance shown on the prior plat; 2. Add any course or distance that was omitted on the prior plat; 3. Correct an error in the description of the real property shown on the prior plat; 4. Indicate monuments set after death, disability or retirement from practice of the surveyor charged with the responsibilities for setting monuments; 5. Show the proper location or character of any monument which has been changed in location or character or which originally was shown at the wrong location or incorrectly as to its character on the prior plat; 6. Correct any other type of scrivener or clerical error or omission as previously approved by the City; such errors and omissions may include, but are not limited to, numbers, acreage, street names and identification of adjacent recorded plats; 7. Correct an error in courses and distances of lot lines between two adjacent lots where both lot owners join in the application for plat amendment, and neither lot is abolished; provided that such amendment does not attempt to remove recorded covenants or restrictions and does not have a material adverse effect on the property rights of the other owners in the plat; 8. Relocate a lot line in order to cure an inadvertent encroachment of a building or improvement on a lot line or on an easement; 9. Relocate one or more lot lines between one or more adjacent lots where the owner or owners of all such lots join in the application for the plat amendment, provided that such amendment does not: a. Attempt to remove recorded covenants or restrictions; or b. Increase the number of lots; or c. Remove or otherwise abandon any easement or right-of-way. 10. To make necessary changes to the preceding plat to create six or fewer lots in the subdivision or part of the subdivision covered by the preceding plat if; a. the changes do not affect applicable zoning and other regulations of the municipality; b. the changes do not attempt to amend or remove any covenants or restrictions; and c. the area covered by the changes is located in an area that the municipal planning commission or other appropriate governing body of the municipality has approved, after a public hearing, as a residential improvement area; or 11. To replat one or more lots fronting on an existing street if: a. the owners of those lots join in the application for amending the plat; b. the amendment does not attempt to remove recorded covenants or restrictions; c. the amendment does not create or require creation of a new street or make necessary the extension of municipal facilities. '___'~~~H__'____._______.______...__.__~_._._._.___._.__._...._.............._..._..__.__._____.__.______._...__....__._._.____...__....._...._..._______~._.___..__ Chapter 8 - Plat Review Procedures Page 8 - 10 Land Develooment Code City of Collevville. Texas C. Amendinq Plat Exhibits - The subdivider shall file an application for approval of an Amending Plat with the Administrative Official responsible for subdivision review, which shall contain the following exhibits to be considered complete: 1. Amending Plat Application - The application shall be on forms furnished by the Administrative Official responsible for subdivision review. If the applicant is not the official owner of record, written authorization from the property owner is required. 2. Amending Plat Drawing - The plat drawing plat contain the information contained in Section 8 - 165 Required Plat Information of this Land Development Code, where applicable. 3. Drainage Information - As determined by the Director of Public Works, the developer shall submit a Preliminary Drainage Analysis or a Drainage Study. When drainage facilities and related improvements are required, the applicant shall submit a Drainage Study with supporting documentation which shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code 4. Construction Drawings - When the proposed development requires the construction of public improvements, the applicant shall submit construction plans with the plat. The construction drawings shall conform to the technical specifications contained in Chapter 14 - Engineering Design Standards of this Land Development Code and shall be prepared and sealed by a Registered Professional Engineer, licensed to practice in the State of Texas. 5. Nuisance Compliance Certification - The Code Enforcement Officer shall provide certification indicating the status of the property regarding public nuisances. 6. Fees - The applicant shall pay the applicable plat application fee when the application is submitted to the Administrative Official. Section 8 - 155 Official Plat Recording A. Required Filing Documents - No subdivision plat shall be filed of record with the Tarrant County Clerk's Office unless the following are complete: 1. The plat has been drawn on mylar reproducible film or other permanent material, contains all required signatures, including the signature of the Planning and Zoning Commission Chairman, and/or the Mayor, or City staff, as applicable; and 2. All applicable fees have been received. B. Construction Prior to Official Filing - No construction of public improvements shall be allowed and no permits for building construction shall be approved until the subdivision plat has been filed of record with the Tarrant County Clerk's Office. C. Maximum Approval Period - The approval of a subdivision plat shall expire one-hundred and eighty (180) days from the date of approval by the approving body, unless the subdivision plat has been filed of record with as provided in this Section. D. Re-approval Required - No subdivision plat shall be filed of record with the Tarrant County Clerk's Office where the approval time period has expired, unless the approving body has approved a re-submittal of the plat application and payment of plat application fee. Section 8 - 160 Vacation of Plats A plat may be vacated by the owners of the land covered by the plat at any time before a lot in the plat is sold. If lots have been sold, the plat or any part of the plat may be vacated upon the application of all the owners of lots in the plat and with the approval of the City obtained in the manner prescribed for the original plat. Chapter 8 - Plat Review Procedures Page 8 - 11 Land Development Code City of Collevville. Texas Section 8 -165 Required Plat Information The applicant requesting subdivision plat approval shall submit the required number of copies of a plat drawing as determined by the Administrative Official and which complies with this Section. 1. All plat drawings shall contain the following information where applicable: a. Owner / Subdivider - The names and addresses of the subdivider and the current owner of record. b. Surveyor Name - The name, address and telephone number of the surveyor responsible for the plat which shall contain the seal of a Texas Registered Professional Land Surveyor. c. Subdivision Name - If the land to be platted is situated within or adjacent to an existing subdivision, that plat may take the name of the existing subdivision, subject to the approval of the City. The name of the proposed subdivision shall be clearly shown with large letters and shall not be a duplication of any existing subdivision name, whether by spelling or pronunciation, or similar to any other subdivision within the City. The plat drawing shall indicate whether the plat is a Preliminary Plat, Final Plat, Replat, or Amending Plat. d. Location Map - A location map showing the tract by reference to streets or highways. e. Date - The date the plat was prepared. f. Scale & North Arrow - The plat shall be prepared at a numerical scale no greater than one (1) inch equals one hundred (100) feet unless approved by the Administrative Official responsible for subdivision review. A graphic scale symbol shall be placed on the drawing with a north arrow indicating the approximate true north. g. Subdivision Boundary Lines - The subdivision boundary lines shall be shown in heavy lines so as to provide a differentiation with the internal features of the area being proposed for platting. The location and dimensions of all boundary lines of the property shall be expressed to the nearest hundredth foot. h. Metes and Bounds Description - A written metes and bounds description of the property shall be shown on the plat and be capable of reproducing such lines upon the ground with a closure error of less than 1 :25,000. The legal description shall include reference to an original survey, subdivision corner, or the Texas Coordinate System of 1983, North Central Zone. The legal description shall include the acreage of the total area of the proposed subdivision and be consistent with the subdivision boundary. The legal description shall contain information to show the last instrument conveying title to each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land records reference. i. Adjacent Properties - All property lines, streets and easements on lands immediately adjacent to and contiguous with the perimeter of the proposed subdivision and extending one hundred (100) feet shall be shown with the names of the owners as shown on the most current Tax Assessor's files; if the adjacent properties are platted, the names of adjoining subdivisions and the names of adjoining streets are to be shown. j. Street Rights-of-Way - The width of all public street rights-of-way shall be shown on the plat. The general location and width shall be consistent with the Master Thoroughfare Plan. Dimensions shall be shown for all curves. The distance from the centerline of any existing roadway of a boundary street to the proposed subdivision shall be shown to determine the adequacy of right- of-way along the route and to determine if additional right-of-way is necessary to accommodate the proposed street. Chapter 8 - Plat Review Procedures Page 8 - 12 Land Develooment Code City of Collevville, Texas k. Permanent Structures - The location and general outline of any existing permanent structures with sufficient dimensions to determine building line encroachments. Any permanent structures which encroach any building set-back lines that will remain after completion of the development shall be shown on the drawing with appropriate dimensions. I. Building Set-back Lines - Front building set-back lines shall be indicated by dashed lines on all lots in accordance with the requirements of the applicable zoning district. Side yard building set- back lines shall be indicated by dashed lines on the side yards of lots with side street frontage. Additional building set-back may be required by the City. Existing building set-back lines on adjacent properties shall be shown, where applicable. m. City Limit Lines - The general location of the city limit boundaries of the City of Colleyville and any adjacent city shall be shown on the plat and referenced per city maps, only. n. Easements - The location and dimension of all existing or proposed easements shall be shown on the plat drawing indicating whether such easement is for any specific purpose. General easements for the use of public utilities of not less than seven and one-half (7.5') feet in width shall be provided along each side of all rear property lines. If necessary for the extension of water or sewer mains, storm drainage or other utilities, easements of greater width may be required along lot lines or across large lots. In all cases, easements shall connect with easements already established on adjoining properties or extend to connect with a public right-of- way. No lot shall be shown with an easement which prevents proper development and full utilization of the lot as a suitable building site for the intended zoning district. o. Lot and Block Numbering - All lots and blocks shall be consecutively numbered, or lettered in alphabetical order. The blocks in subdivisions bearing the same name shall be numbered or lettered consecutively through the several sections or phases. Lettering for blocks shall be larger and bolder than lot numbers or circled to make identification clear. Any lot or block which is planned as an 'out-parcel' shall be numbered and designated on the plat with notation regarding any development restrictions. p. Sheet Size - Map sheets shall be of such size as are acceptable for filing in the Tarrant County Clerk's Office, and shall not exceed twenty-four by thirty-six (24nx 36") inches, but may be eighteen by twenty-four (18" x 24") inches, with a binding margin of not less than one and one- half inches on the left side of the sheets. Sheets shall be numbered in sequence if more than one (1) sheet is used and an index sheet provided with match lines. q. Plat Notes and Conditions - When appropriate, the plat shall contain a listing of any Plat Notes and Plat Conditions in a readily identifiable location with each note numbered consecutively. r. Public Use Areas - The location and dimensions of all property proposed to be set aside for public use or common reservation shall be shown on the plat drawing, with designation of the purpose thereof, and conditions, if any, of the dedication or reservation. s. Street Names - All street names shall be shown on the plat. New street names shall be sufficiently different in sound and in spelling from other street names in the city to avoid confusion. The continuation of an existing street shall bear the same name. t. Phasing of Plats - The plat drawing shall indicate any phasing of the proposed subdivision. Thereafter, plats of subsequent phases shall conform to the approved overall layout and phasing, unless a revised Preliminary Plat is submitted and approved in accordance with this Chapter. However, a subsequent reduction of a phase may be considered provided that it conforms to the original street arrangement. u. Lot Dimensions - The approximate dimensions of all lots shall be shown on a Preliminary Plat and the exact dimension shown on all other plats with accuracy to one-hundredth's of one foot. The Chapter 8 - Plat Review Procedures Page 8 - 13 Land Development Code City of Collevville. Texas dimensions shall be sufficient to verify compliance with the minimum requirements of the applicable zoning district. v. Flood Plain Features - The location of the 100-year flood limits, if applicable, shall be shown on the plat and contained within a drainage easement. If the subdivision, or a portion thereof, is located in the 100 year flood-prone area, the developer will be required to comply with the Flood Damage Prevention Ordinance. w. Irregular Side Lot Lines - Side lot lines which are not perpendicular to the street right-of-way shall be indicated with bearing and distance. x. Lot Areas - The area for each lot expressed in square feet shall be shown on the plat. y. Survey Notes - The Final Plat shall be accompanied by one (1) set of surveyor's closure notes for the boundary of the subdivision. The notes shall be referenced in the same manner as the plat. z. Certification Blocks - All plats shall contain the appropriate certification blocks which shall be similar to those shown. Planning and Zoning Commission Approval WHEREAS The Planning and Zoning Commission of the City of Colleyville, Texas voted affirmatively on this _ day of , 20_, to approve this Plat. Chairman, Planning and Zoning Commission Attest: Secretary, Planning and Zoning Commission City Council Approval Whereas the City Council of the City of Colleyville, Texas voted affirmatively on this , 20_, to approve of this Plat. day of Mayor, City of Colleyville Attest: City Secretary Staff Approval Authority This amending plat is approved in accordance with Section 212.0065of the Texas Local Government Code and the City of Colleyville Subdivision Regulations Date Community Development Manager Director of Public Services - Chapter 8 - Plat Review Procedures Page 8 - 14 Land Develooment Code City of Collevville. Texas Surveyor's Certification KNOW ALL MEN BY THESE PRESENTS: That I, , a Registered Professional Land Surveyor licensed in the State of Texas, do hereby certify that this Plat is true and correct and was prepared from an actual survey made under my supervision on the ground. Further, this survey conforms to the general rules of procedures and practices of the most current Professional Land Surveying Practices Act. Signature Date (Affix Seal) Dedication Certificate WHEREAS, (owners name), are the owners of a tract of land situated in the (name) Survey, Abstract N. (#), Tarrant County, Texas, and being out of a (#) acre tract conveyed to them by (deed reference), and being more particularly described as follows: (metes and bounds description) NOW THEREFORE, KNOW ALL PERSONS BY THESE PRESENTS: That We, (names), Owners, do hereby adopt this plat designating the hereinbefore described property as (subdivision name), and addition to the City of Colleyville, Tarrant County, Texas, and do hereby dedicate fee simple to the public use forever all streets, rights-of-way, and alleys shown thereon, and do hereby reserve the easements shown on this plat for the mutual use and accommodation of all public utilities desiring to use or using the same. Any public utility shall have the right to remove and keep removed all or part of any buildings, fences, trees, shrubs or other improvements or growths in which any way endanger or interfere with the construction, maintenance or efficiency of its respective systems on any of these easements, and any public utility shall at all times have the right of ingress and egress to and from and upon the said easement for the purpose of constructing, reconstructing, inspecting, and patrolling, without the necessity at any time of procuring the permission of anyone. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the City of Colleyville, Texas. Witness our hands this day of ,20_. Owners Name STATE OF TEXAS }{ COUNTY OF TARRANT }{ Before me, the undersigned Notary Public in and for said county and State on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purpose and considerations therein expressed, and in the capacity therein stated. Given under my hand and seal of office this _ day of ,20_. Notary Public in and for Tarrant County (affix seal) My printed name Chapter 8 - Plat Review Procedures Page 8 - 15 Land Develooment Code City of Collevville. Texas My commission expires: Section 8 -170 Easement and Right-of-Way Encroachments (Ord. 0-01-1280/08108101) No building permit shall be issued for any structure that encroaches into or over a public drainage and/or utility easement or public right-of-way, unless an easement encroachment and joint use agreement has been approved in accordance with the procedures contained in this Section. 1. The applicant must submit a written application on forms furnished by the City, together with the appropriate filing fee, stating the reason for the proposed encroachment. Said application must contain the signature of the property owner or legal agent of the property owner where the encroachment is proposed or of the property that is adjacent to the right-of-way where the encroachment and joint use is proposed. 2. The applicant must provide a metes and bounds description indicating the exact location of the encroachment and a plot plan showing the nature of the improvements proposed within the encroachment area. 3. The application must include written documentation signed by all public utility companies, including the City of Colleyville Engineering Department, indicating their consent to the encroachment and joint use of the easement or right-of-way. All public utility companies must approve the encroachment request before any consideration is given by the City of Colleyville. 4. No notification of adjacent properties is required unless, the City Manager, or designated official, determines that the encroachment or joint use has a direct impact on the adjacent properties. 5. An application requesting an easement encroachment may be approved by the City Manager or other designated official. Applications requesting a right-of-way encroachment require approval by the City Council. 6. Upon approval of the request, documents shall be filed in the Tarrant County Deed Records. 7. The application fee shall be set by separate ordinance approved by the City Council. Section 8 -175 Amendments to This Chapter Reserved for listing of amendments to this Chapter. Ord. Number Date Subject 0-00-1261 12/19/00 Incomplete Submittals / DRe Review 0-01-1280 08/08/01 Easement & riaht-of-wav encroachments Ch'apte~-8~"p'iatR~-;;'i-ewp~oc~d'~;~S----'--'-------.-.-.--------..-------.----.--------.---------.----------.-.-.--.---.--.P-ag~- 8 - 16 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Subject: II January 9, 2006 Prepared by: I Chris Fuller . ! Develo ment Coordinator I Z-05-035 - Request for a zoning change from AG Agricultural I and CN Neighborhood Commercial to PUD-C Planned Unit I Development Commercial on 4.0 acres located at 3798 and 3800 I I Glade Road Tabled 12/12/2005 i Meeting Date: UPDATE At the December 12, 2005, Planning and Zoning Commission meeting, the Commission tabled this item in order to provide the applicant an opportunity to meet with the adjacent property owners. STAFF REVIEW COMMENTS Request. Rezone from AG Agricultural and CN Neighborhood Commercial to PUD-C Planned Unit Development Commercial. Proposed Use. The applicant is requesting to rezone 4.0 acres of land located at 3798 and 3800 Glade Road, which is near the northwest corner of Glade Road and Heritage Avenue. The applicant is seeking a zoning change in order to develop the property as an office campus, with seven nonresidential lots and two open space lots. The applicant proposes the following land uses: medical office, general office, and beauty/barber salons. Lot Sizes. The PUD-C standards require a minimum lot size of 7,000 square feet with no maximum lot size. The developable lots in the proposed PUD-C request range in size from 10,285 square feet to 28,701 square feet. Open Space. The PUD-C regulations require a minimum of 20% open space. This development proposes an open space area equal to 30% of the total development, exceeding the PUD-C development requirement by 10%. All open space will be owned and maintained by a Property Owner's Association. The current PUD-C regulations limit the amount of open space area that can be used for retention or detention ponds to a maximum of 25% of the open space. Lot 8, a wet/dry detention area, has not been included in the percentage of total open space. Therefore, the detention area on Lot 9 does not exceed the 25% storm water detention threshold of the open space requirement. In response to the Development Review Comment letter (attached to the briefing), the applicant has indicated that the landscaping within the open space areas will meet the Agenda Item No.5 - Page 1 standards within the Land Development Code. The applicant proposes to utilize the 20- foot buffer along the north side of the property as landscaped courtyards by providing patio areas. Detention Ponds. The PUD-C exhibit indicates that the detention pond located within Lot 9 will include a fountain. In response to the Development Review Comment letter, the applicant has indicated that if Lot 8 is required to be a wet detention area a fountain will be included as an aeration device. The specifications for the aeration devices will be a requirement of the construction plans for the development. The Property Owner's Association will be responsible for the maintenance of the aeration devices. Fences, Walls and Screening. The developer proposes to construct a six (6) foot tall wood crete or stonecrete fencing on the west, north and east property lines. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUD-C ordinance for the subject property. A copy of the Statement of Planning Objectives is attached to this agenda briefing. The Statement of Planning Objectives describes the nature of the proposed development, includes a development schedule, a statement of development goals. Trail. A 10-foot wide public trail is required to be constructed along Glade Road. Site Plan. The developer has provided a conceptual site plan, which will be Incorporated into the PUD-C ordinance for the subject property. A copy of the proposed site plan is attached to this agenda briefing. The conceptual site plan shows the number of parking stalls based on Medical Office uses. However, the applicant is also proposing General Office and Beauty/Barber Salon uses that will require fewer parking stalls. The applicant is requesting that the ordinance utilize a maximum number of parking stalls for the entire development, which will provide sufficient parking for all proposed uses. The applicant proposes a total of 182 parking stalls for the development. In the Statement of Planning Objectives, the applicant also indicates that some buildings will be sold with joint parking agreements to mitigate any parking shortages on individual lots. The conceptual site plan also shows proposed building square footages. The applicant requests that the aggregate building square footage shown on the conceptual site plan be an approximate total square footage and those individual owners of the lots are able to increase the individual building square footage to exceed those shown on the site plan. In order to regulate the total building square footage within the development, the applicant proposes a maximum total square footage of 34,000 for the entire development. Drainage. The applicant's proposal includes on-site detention. The capacity of the detention facility will be determined at time of platting. The applicant has submitted a drainage plan to the Engineering Department. Agenda Item No.5 - Page 2 Phasing. In response to the Development Review Comment letter, the applicant proposes to construct both entrances off of Glade Road, the main fire lane loop and the parking stall adjacent to the fire lane, both detention areas (Lots 8 and 9), all storm drain facilities, all water and sewer facilities stubbed to each lot, complete landscaping of the 40-foot Glade Road setback and both detention areas, and the perimeter fencing. Development of individual lots will be developed as the market dictates for build-to-suit tenants. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. Surrounding Development Trends. The surrounding properties are agricultural and single family residential. The property to the north, west and east is zoned AG. The properties to the north and east are developed as single family residential uses. The property to the west is developed for church uses. The property to the south is zoned R30 and is developed for church uses. Property to the west is zoned AG and developed as a church. Property Taxes. According to information available from the Tarrant Appraisal District, the 4.0-acre parcel is valued at approximately $266,179. The estimated City property tax revenue for the existing property is $924 annually. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. General office uses are expected to generate 11.4 trips per 1,000 square feet gross floor area per day, on average. Based on this average, the seven proposed lots would add approximately 387 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 17 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. At the time of agenda preparation, no letters of opposition to the request have been received. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: January 9, 2006 February 7 and 21, 2006 Agenda Item No.5 - Page 3 RECOMMENDATION Approval ATTACHMENTS · Notification and Location Map · Zoning Map · List of Property Owners Notified · Site Plan from Applicant · Statement of Planning Objectives · DRC Letter from Staff · Applicant's Response · Draft Ordinance Agenda Item No.5 - Page 4 5008 5008 06 4907 4916 04 4905 4912 02 4903 4908 00 4901 4904 02 4803 4900 00 4801 4812 Notification and Location Map D NORTH AG Zoning Map rr NORTH Z-05-035 Goodrum, Ben F 3800 Glade Rd. Colleyville, TX 76034 Ly, June Thanh Tran 3613 Amberley Ct. Colleyville, TX 76034 Pitts, Wallace J Etux Shari G 3612 Amberley Ct. Colleyville, T Rogers, Billie C Etux Gloria 3712 Glade Rd. Colleyville, TX 76034 Sauer, Kenneth W Etux Sally 5017 Roberts Rd. Colleyville, TX 76034 David Hannah, applicant Riverwalk Development 3401 Amherst Ct. #127 Bedford, TX 76021 List of Property Owners Notified Bench, Lilla 3810 Glade Rd. Colleyville, TX 76034 Harrington, Samuel M. PO Box 150069 Dallas, TX 75315 Maples, Horace F. 7313 Silver Sage Dr. Fort Worth, TX 76137 Pleasant Glade Baptist Church 3708 Glade Rd. Colleyville, TX 76034 Rogers, Billie Charles 3712 Glade Rd. Colleyville, TX 76034 Sohn, Taesik Etux Kyu Nam Sohn 3608 Amberley Ct. Colleyville, TX 76034 Habra Development PO Box 235 Colleyville, TX 76034 Burton, Martha 418 E. Pipeline Rd. Hurst, TX 76053 Harrington, Samuel Mason 2760 Fuller Wiser Rd. Euless, TX 76039 Neubauer, Derek 4409 Cummings Dr. Fort Worth, TX 76180 Ray, Brenda Carol 3712 Glade Rd. Colleyville, TX 76034 Saint Mary's Romanian Orthodox Church 3801 Glade Rd. Colleyville, TX 76034 Thetford, Jerry Etux Faye PO Box 170067 Irving, TX 75017 Site Plan from Applicant II Ii II ! !.l!flll!.l.! ......111..1.1 irli~ J;i.i >..iii~ 11111nl. d~dl! ;:. ~. f f2'- k et J . 1: ~;; ~ ~ i ~ ~ ~ '" <> ~, :.......~.~. i '. ~ I~ . ~ 0 '" o i ii .1 i i i jii!ii i ~ ~ '11 III ~..A 11!ll.~ i lIii l ~ i ~ 11 i ~ - ~ A II .a I. ~ ~ it i ~ ~ ~ II II ~ i. ~ ..~ " "i ~ w g 11 bllaillll ~ii.~ ~I'~.lliili& Ila III ~...! I .nu~ f)m~ s.1 . I' 0.1 Joe.I:o--1c.fX. .... 1i.~M ::z:l _ f I _ ~'I ~ .'~ ~'.. ~.. ". ii......~, Ij ;: <: \ " Statement of Planning Objectives Glade Road Office Park Proposed PUD-C Office Park Development 3.602 Acres Net of New Glade Road ROW 3798 and 3800 Glade Road Colleyville, Texas Statement of Plannine: Obiectives -- To provide a planned office environment with individually platted lots focused on owner/occupant entities and business tenants desiring to office in Colleyvillle. · To target a business audience wanting a single-story product with traditional residential architecture and a high degree of finish-out typical of Colleyville's nearby new neighborhoods. · To offer, as an option, architecturally complementary covered parking on parking bays located with at least a 75 foot setback from the site's Glade Road property line. · To locate at Colleyville's eastern border, with excellent Highway 121 access, a Glade Road address and in an area where office sites are almost built out. · To serve as a buffer, both architecturally and as a use, between existing and planned Highway Commercial uses to the east and Colleyville's residential neighborhoods to the west. · To utilize a site of which approximately 40% is already zoned CN and, through a PUD, establish the uses, amenities, site planning and quality of the development. Proposed Ownership · Buildingsllots will be sold to individual business owners and investors. Some buildings may be sold as separate Office Suites with joint parking agreements for the spaces on that lot.. All Common Areas/Detention Pond amenities will be owned and maintained by the development's Property Owner's Association. Development Schedule · The developer expects to commence site development in 2006. It is expected, subject to market constraints, that all construction will be completed within 36 months from when site development begins. Utilities · Water and sewer are in Glade Road in front of the site. Glade Road Office Park Proposed PUD-C Office Park Development Page 2 Proposed Uses Si2Daee . General Office . Medical Office . BeautylBarber Salon The Development will have a signature main entrance monument as noted on the Concept Plan. Each building lot may have an architecturally appropriate sign identifying that building and tenants, and non-lighted signage on the building as determined by the Developer. Concept Plan The submitted Site Plan shows parking and building square footage that will accommodate virtually 100% medical occupancy. The Developer requests the flexibility to reduce parking and increase building square footage to accommodate General Office tenants requiring less parking. The following maximums are proposed: . Parking: 182 spaces . Total Building Square Footage: 34,000 Collevville Development Experience . The Bridges at Riverwalk. 32 Villa Lot Subdivision. Completed. . The Fountains at Riverwalk. Four building Office Park. In progress. . Co-developer, Rockrimmon. 13 estate lot, gated community. In progress. "' ~".----_.-~",-,'_'__"__'_"<'._"--_'~'~~''''''_' DRC Letter from Staff DATE TO FAX FROM December 2, 2005 David Hannah 817-485-7111 Chris Fuller, Development Coordinator SUBJECT Z-05-035 Glade Rd Office Park - PUDC The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your Special Use Permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. A copy of the staff report and proposed ordinance will be available for review not less than 72 hours prior to the Planning and Zoning Commission meeting date. 2. Development requirements not specifically cited by the applicant shall be required to meet the PUD-C zoning regulations and development standards as stated within the Land Development Code. 3. Provide a written description or plan of amenities to be included in the open space areas. 4. Staff recommends a site design score for each building to meet the CPO criteria. This will apply to all buildings, not just those with frontage along the Glade Road. 5. Will this project be developed in phases? If so, indicate the order in which lots will be developed. 6. Clarify the materials to be used for the perimeter screening fences. 7. Provide a list of amenities to be included within the open space lots. 8. Provide a comprehensive list of all permitted uses within this development. 9. Provide an aerial identifying any existing tree clusters. In Your Response Letter, Acknowledge the Following Information: 10. Buildings 5 and 6 may require fire sprinkler systems. Contact Jeff Jones, Fire Marshall, 817.488.6277, prior to applying for building permits to clarify building distances. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. ROADWAY The actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $2,666 for a 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 assessed at the time of approval of the subdivision plat. The fee for nonresidential development is $800 per acre. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, December 12,2005,7:00 p.m. Tuesday, January 3 and January 17, 2005, 7:30 p.m. RESUBMITTAL REQUIREMENTS · Submit the response letter by December 8, 2005. Please contact me at 817-503-1054 or fullerc@ci.collevville.tx.us if you have any questions. Applicant's Response Riverwalk Development 3401 Amherst Circle, No. 127 Bedford, TX 76021 (817) 925-0111 (817) 485-7111 fax December 8, 2005 Mr. Chris Fuller, Development Coordinator City of Colleyville 100 Main Street Colleyville, TX 76034 RE: DRC Comments Response Z-05-035 Glade Road Office Park, PUD-C Dear Mr. Fuller: Our response to the DRC comments in order are: 1. Acknowledged. 2. Acknowledged. 3. Open Space Amenities. Landscaping for all Common Areas will meet Colleyville Development standards. The 20% Open Space/Common Area Requirement will be exceeded (the concept plan has 30%). The Glade Road detention area will be a pond with a fountain and rock pond wall and be the centetpiece of the heavily landscaped 40 foot landscape buffer along Glade Road. The detention area at the center of the site may be either wet or dry pending full engineering plans. If it is dry it will be landscaped to be an amenity; if it is wet it will be a pond with fountain. Each building lot will be heavily landscaped. The buildings adjoining the 20 foot buffer along the site's north boundary will have beautifully landscaped courtyards with patios inviting outdoor use and incorporating and utilizing the 20 foot buffer. 4. Acknowledged. 5. Phasing. The Developer expects to seek primarily build-to-suit tenants. The lots will be built on individually as market conditions dictate. The first site development phase, as shown on the attachment, will include: both entrances and the main fire lane loop and parking as shown; both detention areas and all storm drain facilities; all water and sewer facilities stubbed to each lot; complete landscaping of the 40 foot Glade Road setback and both detention areas; completion of the perimeter fencing. DRC Comments Response Z-05-035 December 8, 2005 Page 2 6. Perimeter Screening Fence. Six (6) foot "woodcrete" or "stonecrete" fencing on the west, north and east property lines. 7. Covered in comment 3 above. 8. Permitted Uses. General Office, Medical Office, BeautylBarber Salon. 9. Tree Surveys. Attached are surveys showing topography and tree surveys of both properties comprising the submittal. 10. Acknowledged. Also, please note the Statement of Planning Objectives has been revised and expanded. Please contact me if you have additional questions or comments. David M. Hannah ~~:'i:' Draft Ordinance ORDINANCE 0-06-XXXX AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 4.0 ACRES OUT OF THE G.W. MINTER SURVEY, ABSTRACT 1034, FROM THE AG-AGRICULTURAL AND CN- NEIGHBORHOOD COMMERCIAL DISTRICTS TO THE PUD-C PLANNED UNIT DEVELOPMENT-COMMERCIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by Riverwalk Development on November 18, 2005, under Case No. Z-05-035; and 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 ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; 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 classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance Q-06-XXXX Page 2 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on a 4.0 acre parcel of land situated in the G.W. Minter Survey, Abstract 1034, from the AG-Agricultural and CN-Neighborhood Commercial zoning districts to the PUD-C Planned Unit Development-Commercial zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "An, and described by Metes and Bounds, labeled as Exhibit "B". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for a seven lot office campus with two open space lots. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "Cn, which shall not be considered the preliminary plat. b. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "Cn, however the distribution and total number of parking stalls may differ from that shown on Exhibit "C". The required number of parking stalls per lot will be in direct relation to the land use of the lot, per the Land Development Code. However, the combined total number of parking stalls for all seven lots shall not exceed 182 parking spaces, provided that any joint parking agreement used to satisfy a parking deficiency shall be limited to 10% of the number of parking spaces required. Where lots have an insufficient number of parking stalls to accommodate the land use, a joint parking agreement will be required. c. The development shall be generally consistent with the Conceptual ~ .".'~-_"'..........---"~>>,~.~...."."."~.~,"",,,-----~ Ordinance 0-06-XXXX Page 3 of 5 Site Plan, labeled as Exhibit "Cn; however the total building square footages of all buildings per lot may differ from that shown on Exhibit "C". The total building square footage for the entire development shall not exceed a total of 34,000 square feet. d. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "Cn; however the lot layout may differ from that shown on Exhibit "Cn to accommodate topographic, drainage or other conditions. e. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUD-C. 3. PERMITTED USES a. Medical office b. General office c. Beauty/barber salon d. Open space 4. NONRESIDENTIAL LOT REQUIREMENTS AND SETBACKS Nonresidential lot requirements and building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "cn, shall control where such building line setback is different from the Land Development Code. 5. OPEN SPACE a. This development shall provide a minimum of 30% common open space, as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the Property Owner's Association. b. The open space areas on Lot 8 and Lot 9 of this PUD-C may be utilized for storm water detention. c. Paved patio areas will be provided within the 20-foot buffer along the north side of the development. 6. PHASING a. This project may be developed in phases, provided that the construction of both entrances off of Glade Road, the main fire lane loop and the parking stalls adjacent to the fire lane, both detention areas (Lots 8 and 9), all storm drain facilities, all water and sewer facilities stubbed to each lot, complete landscaping of the 40-foot Glade Road setback and both detention areas, and the perimeter fencing will be completed prior to the issuance of any Certificate of Occupancy for any lot as a part of Phase I. -.., '~~....._"'_.._-""",...,..~.,,-_..~~_._".,~.,--" Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-06-XXXX Page 4 of 5 7. SIDEWALKS AND PATHWAYS a. A 10-foot wide trail will be constructed along Glade Road. Trails and sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 8. PERIMETER FENCING a. A six (6) foot tall woodcrete or stonecrete fence shall be constructed on the west, north and east property lines. 9. OTHER a. The minimum building site design score shall be 25 points, in accordance with the CPO zoning district. b. Any ponds in an open space lot must contain a minimum of one (1) aeration device, such as a fountain, waterfall or underwater device, which shall be approved by the City of Colleyville Engineering Department. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. 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 Coli eyville, 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 if 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 in 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 it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. " -'........_~--~-----,--" Ordinance 0-06-XXXX Page 5 of 5 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 Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXhibit A - ZOning and Location Map Exhibit B - Metes and Bounds Description FIELD NOn I!ISCRJPTION ALL of that certain tract or parcel of l~d situated in the G. W. MINTER SURVEY. ABSTRACT NO. 1034, Tarrant C01l1lty, Texas and being thes;une .1raotsas deScribed in Deed to Derek Neubauer as recorded in Volume 16782, Page 9 of the Deed Records) Tarrant CoUnty, Texas, and also being that same tract as desmibed in Deed to Ben F. Goodrum' and' wife WimiOlee GoodxUm as reooided in VolUme 4814, Page 769 of said . Deed Records and.being more particularly described by metes and bounds as follows: - BEGINNING at a 3/8 inch steel rod found for the northwest comer of said Neubauer tract, being the inter ell comer of 11 tract described in Deed to Annie Orane Rogers as recorded in Volume 4839, Page 728 of said Deed Records; 11IENCE North 66 degrees 59 minutes 41 seconds East with the northerly boundary of said Neubauer tract, a distance of 186.39 feet to a 3/8 inch steel rod found for the northeast comer thereof, being t1le northwest comer of said Goodrum tract; THENCE North 71 degrees 42 minutes 04 seconds Bust with the northerly boundary line of said Goodrum tract a distance of 205.27 feet to a 60D nail found for the northeast comer thereof; THENCE South 05degreeSS9nili1utes24s~nds..Et\st withtheiwe$tetly. bounQary line of a tract descrlbedin~toHo~FreettUlf1 M:~le.~ audw).feLylaPayeMaples as recorded inVolmne4406. Page 503 Qfsai<l Deed. Ree<>xds, apdthe easterly boundary line of said Goodrum trac~ at a distance of 470.76.. ~ passing a 1/2 inch s~l rod with cap stamped "BRITTA1N &; eRA WFORD" found in the .apparentnorthedy right-of-way lille ofOlade Road, in all a. distance of 521.25 feet; 1HENCE South 89degree~06 nU)1utes44 secon<l$We~fwitb said Ol~e Road, a distance of 214 .04 feet; . THENCE WEST ciontinuingwitb $ai.dGlade Road. adisWlceoflS3.00 feet; llIBNCE North 03 degrees 32 minutes 5Ssecon&WestWithtbt\Vesterlyboundtu'yJine of said Neubau<<1.ttlCtat a distance. of 50.78 feet passin$ aJ12 in.cb.s~lr<><lwitll cap st$nped "BRITTAIN & CRAWFORD"foundinthesaid~~eJ}t~ortbet:lYriglIt-of-way line of said Glade Road, in a:ila <list1mce of 385.33 feet to We PLACE OF' ,BEGINNING and containing 4.0631 acres of land, .t1lore or less. It~ ~ ~ n I. iil iil I Exhibit C -Conceptual Site Plan Ii Ii II I ~Uf l~l! II. UI Jli~i ~.lli! ;Ii I. lilll~i dul ~~ ~. 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