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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-2/13/2006 city or ~ Texas AGENDA PLANNING AND ZONING COMMISSION City Hall Council Chambers - 100 Main Street Monday, February 13, 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 McCormick PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES January 9, 2006 CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS 1. Case P-06-008 - Final Plat of Lots 1 and 2, Block 1 of the Starbucks Addition PUBLIC HEARING AGENDA ITEMS 2. Case P-06-003- PUBLIC HEARING - Final Plat of Lots 1 R1 and 5-9, Block 1 of the Town Center Colleyville Phase I, being a replat of Lot 1 R, Block 1 of the Town Center Colleyville Phase I Addition Planning and Zoning Commission Agenda -February 13, 2006 Page 10f2 3. Case P-06-006 - PUBLIC HEARING - Replat of .92 acres on Lot 7, Block 2 of the Towne Square Addition, located at 1209 Hall Johnson Road TABLED ITEMS 4. Case Z-06-001 - 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 5. Case G-06-001 - Amendment to the Land Development Code to add Chapter 3.1, Oil and Gas Drilling Regulations STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS COMMISSIONERS' COMMENTS AND REPORTS ADJOURNMENT Amy Shelley, Planning and Zoning Assistant Posted: Thursday, February 9, 2006 by 4:30 p.m. Planning and Zoning Commission Agenda -February 13, 2006 Page 2 of 2 .~ l"exas PLANNING AND ZONING COMMISSION MEETING MINUTES - January 9, 2006 CALL TO ORDER Chairman Byerly called the meeti!lI:~P" order at 7:18 p.m. &~'},::;:' ..;::&.~*,,> ' ~;o,;.,\!~..... Present: Commissioners, "McCormick, Dave Dudziak, Thomas Bartk ary Taylor, John Blassingame, Denis Dufflt erly " ~ ~ Barry LeBaron, Ch .' ~ . uller, Amy ey, and Jeff Jones from staff resent. ROLL CALL INVOCATION The invoca Bartkowski by PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Byerly stated wanting page 6. C?mmissioner B~rtkows~~ d~;-i}O a.ppr :;;:.,~: ~~:.;$..;;;::' ~ with the correction o9.::~~.; e 8~lf.Qdlng "W1ttl:::~'$fnendmen seconded. ~~';;;:::~:~;::: ':;::::;:\ The motion was ap Aye: McCormick, Du Nay: None endments" added to GENDA ITE 1. Co " appointm and Zoning Commissioners to the Parkla::} edicatio '::;. . Barry LeBaron b' . '~i.tL mmissioners regarding the purpose of the appointments to the Parkland De(f~fi~hCommittee. ~:~:;;?^' Commissioner Byerly nominated Commissioner Dudziak and Commissioner Duffy to the Parkland Dedication Committee. Commissioner Taylor seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Nay: None Commission Byerly stated the Commissioners wish to move the tabled item number five to be heard after item number two. Commissioner Byerly recused himself from both of .v' 2005 meeting minutes :::fl Commissioner Taylor , ingame, Duffy and Byerly Planning & Zoning Commission Minutes - January 9, 2006 Page 1 of 7 the item numbers and Commissioner Duffy took over the chair. 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. Mi.Qter Survey located northwest of Heritage Avenue and Glade Road .".:::::;;. Barry LeBaron presented the case and briefed the Commis " Curtis Young, 8003 Jefferson Circle, with Sage Grou came forward to present the request and answer any estio " e Commission had. . ' <:;., Mady Development, Goodman Homes, the hom Ilder and . . m? and Boyd, the Engineers, were all present to answer any ques . ,.: Commissioner Taylor questioned Mr. Youn arding the parking on" Young replied it would be obvious where th' ing woul i . available, as . ated on the drawings. Mr. Young stated it would be Ian me sort, but wo Id rather not have red striping all over the development. ioner Taylor questioned who would maintain the open space'" r. Young re he Homeowner's Association (HOA) would be responsible and uments WI rovided during the final plat process. Commissioner Dudziak questioned maintained by the H '. Youn outside of each indi . .. "'l1dicate Commissioner r. Youn' he streets will be constructed to city code regarding widtH.., ed yes. .~.:; ,missioner Duffy questioned Mr. Young, how will the park stri " Commissioner Duffy questioned Mr. Young, h. ,ill the ~ r. Young replied where there is parallel parkiD:~f' ";~mfee(:';:; th will be :aer than what the city requires, 38 feet. H9:wi~r: theVJi'~way' '..... aller, 30 feet, where the parking is not allowed on the c>>: If the streel~~~re tc(, ,r be turned over to the city, there would be a 50 foot ri f way. He . po " ill have access in the gated community. The ass ents for the h wner or street maintenance will be addressed in the HOA docum ' Commissi , $:.puffy { ioned Mr. Young regarding the widths of the alleys? Mr. Young replie" " is not required in the alleys. Those alleys are designed for trash truck acc mmissioner Duffy stated wanting the fire marshal to confirm fire access is not requ a in the alley way. Mr. Young concurred. Commissioner Duffy questioned Mr. Young regarding who will pay for the removal of the turn lane on Heritage Avenue? Mr. Young replied Mady Development. Commissioner Duffy questioned Mr. Young regarding the flooding on the east side of Walgreen's, what are the plans for the increased amount of water that will be created by this development? Mr. Young replied the development would not increase the water flow; there will be detention areas in the development. Planning & Zoning Commission Minutes - January 9, 2006 Page 2 of 7 Commissioner Bartkowski questioned Mr. Young regarding the pedestrian access to the hike and bike trail on Glade Road? Mr. Young replied and used the drawings provided to show Commissioner Bartkowski the access to the trail and what would be constructed for residential access to the trail. Commissioner Dudziak questioned Mr. Young if commercial use has been considered for this property such as office space? Mr. Young replied ).tlf1ving thought about commercial, however, the analysis shows the taxes to be > ,,~ted on commercial office would be lower than if it were residential, therefore r ial use will benefit the city. Commissioner Dudziak stated there being a greater.> on the community and schools for residential compared to professional office. . Barry LeBaron stated staff has done some a. ~js on com . to residential, however, the tax benefit out ways tho tive impacts. Commissioner Taylor stated wanting to ask Ilder questions. David Vanderslice, Goodman Home 1:5 ,rward er any Commissioner questions. Commissioner Taylor questioned",M{. V anderslic~::. would be built? Mr. Vanderslic~ . no, ther " ' .uld not be space available. Commissioner Taylor questioned, ~~,~~~lwe if arr~: 'dems could be built? Mr. Vanderslice replied they could and" ,,~.we oft' ~", . plans, ' , can consider changes. Commissioner Taylor qU~$tioned Mr:~~i nder din .;,What price the finish out would be? Mr. Va ,,~:;;.> .~:;;;:..., . plied ir ,0 ,~ ^~ding custom cabinets with rounded corners, 'g', "d stack .' boards ana high end light and plumbing fixtures. Te . ' nson, 4904 p' reside:~$Jt.,use instead '>;,"::i$:::;:, Shanno~~1t!i~3609 in oppositiotWI'~:::l!'1e concerns for tram:~'. "'~~~;:~~:~:'.>>>~ Mark Jones, 3604Wexford Court, spoke in favor of the residential aspect but spoke in opposition to the attached portion of the residential dwellings. He stated being opposed to any commercial use. He suggested lowering the density of the development. Rick Miller, 3605 Wexford Court, stated having concerns for the traffic on Heritage Avenue. He spoke in favor of the residential use, but not the town home high density aspect. He stated having concerns for the number of students that would be placed in the school district. ~uding the development schedule? Mr. " Iya two to three year period. the public Ii gat 7:31 p.m. ", , Court, spoke in opposition to the rezoning request with sity and the impact it will have on the neighbors. ick , spoke in opposition to the density but favored the mmercial use. rd Court, spoke in favor of the residential aspect but spoke ed portion of the residential dwellings. She stated having Planning & Zoning Commission Minutes - January 9, 2006 Page 3of7 Chris Hall, 4916 Prestwick Drive, stated this use is a good concept for residential, but this development is too dense. He stated having concerns for traffic on Heritage and Glade. Gary Lecocq, 5113 Roberts Road, stated Mady Development is a good developer; they have done a great job. He stated having concerns with density and the price of the town homes coming down from $450,000 to $375,000. Ben Goodrum, 3800 Glade Road, stated not being for or a this zoning request. He stated not having ever been approached by a de " r to build homes, just , commercial developers. ,,> ", Mimi Byerly. 7109 Pebble Hill Court, stated these tori~;"es b ~ G"",O, odman will be a much finer quality home. She stated that c' ' rcial uses ~i9me in and the zoning is already in place to do so. >:>' ~\]h\, ....~",.". ..... Lilla Bench, 3810 Glade Road, stated this" is good f~r the commuiil "'. d will be a nicer development. She spoke in favor ofsidentiql """~. <;" . ,,$~, Kevin Busbie, 3103 Eastonbury Court, state. some balance between the current residents and the futur .~ evelopment. stated this property is very accessible. He stated having con>': ...:.~ . h the add the schools, however single family residential does make sense. ' . ed red '~he density. , Gary Cantrell, 3400 Glade Road", ed r Mady Development, however, he stated hav' . ues with: e ~.ect. ~ ~. " There being no one: . eak, th hearing c sed at 9:00 p.m. i""" Commissioner, ,..>'" stated th being a. for this project to work but with smaller density and a dl . t layout.;~~:~~~' ,:@~,,:;:~~~;O:';"':"" . Commissioner Dud i::~,. } sioner Taylor but stated thinking this area ~~~1!~~,;com '\V","" not reside . 'generate tax revenue. ,<<<~:,.:~;::y-" '---, ':""~<~>>~<;~-:>""- '-<.~:;:,>>>; Cqml~s'sioner l~~~>,stat~ilt~lere is not enough drive coverage on Heritage to support .;.:...;-...... rcial use. C~missid~JtWudziak stated garden office space for the commercial u t retail. '~$.t. '';~$~. '., '<:::::~~, '*':' Com'~' . . ner Duffy st the PUD-R regulations have a density limit of 1.8 dwelling units pe ". ,e and the eption being to exceed the 1.8 units, the amount of open space in t . yelop ould have to exceed the minimum amount required, and a 3.5 unit densl.' ,r y the only number that would be accepted by the community. Commissioner B~>;,' ,"ski questioned staff regarding if any private streets would have to conform to thebty standards? Barry LeBaron replied in a gated community the streets have to conform to city standards. Commissioner Dudziak questioned staff regarding if the Commissioners should give the developer time to make a compromise with the neighborhoods? Barry LeBaron replied directing that question to the developer. The code allows the developer to have a rebuttal. Mr. Young came forward to answer any questions. He stated this product is more conducive to the market. As far as the density, the 5.4 is relatively lower Planning & Zoning Commission Minutes - January 9, 2006 Page 4 of 7 compared to other cities in other areas. He stated the traffic would be worse with commercial; the residential is a win with traffic. We have to have this density to be able to pay for the open spaces. The price has not changed, the average price being $375,000 with the high end being $450,000. Commissioner Dudziak stated the neighbors do like the product; they just do not like the density. He stated it would be better to move forward more smo9~b.ly to city council. ;},:;*=$~ Commissioner Dudziak made motion to table case Z-06-0 '~'Commissioner Taylor seconded. . ..*~\~ .' ,~ The motion to table was approved by the following vot~dt~.. Aye: McCormick, Dudziak, Bartkowski, Taylor.~'''~~' Nay: Blassingame, Duffy .:::;.ffil,::t.* i:;.'h~' ~., TABLED AGENDA ITEMS 3. Case Z-05-035 - PUBLIC HEA AG Agricultural and CN Neighborhoo Development Commercial on 4.0 acres loc Commissioner Bartkowski mad ~Qn to remo Commissioner Blassingame secon . .,~~~~;~;::;", , '.:::::'::;>>":>... The motion was approved by the foli'. ;,g ~o'itt~1;;j;:;::>. Aye: McCormick, Dudzi~r;.;~artkowski:~~~ylor '*. "'''''''''':'\..~X4'''''''' 'V"~"""',,""" ~~" Nay' None ,,;i::'>>>e;,;:;::-x::$;":;'<<'>' /." ';<::;ir :,>>:,:~:;~~*::;,. :';:' Commissioner B '~wski m i$. motion \.:&reopen this item as a public hearing. Commissioner mick se d. 't~?;;\ ~*:~x~ The motion was cl' , .. , Aye: McC mick, 0 Nay: singa C sSloner en -::\1l .., "iiagler, 2680 B , ;" ree' ha~;" ". e a great jO::'" ,ith devel nt. ',; Terry Han. 4904 Pr ick Drive, spoke in opposition to the commercial request. '0;; , Shannon Mil xford Court, spoke in opposition to the commercial request, stating there arEf ,"l:my vacancies. Lauren Huddleston, 4712 Prestwick Drive, spoke in opposition to the commercial request; it should be residential according to the master plan. Mark Jones, 3604 Wexford Court, spoke in opposition to the commercial request and presented a petition to the Commissioners. Ben Goodrum, 3800 Glade Road, spoke in favor of the request. Rick Miller, 3605 Wexford Court, spoke in opposition to the commercial request and ''<:~'''' '$'''':;, ~ ~ ~, r a zoning ch "~ from . 0 PUD-C Plann d Unit 98 and 3800 Glade Road ;~>,this item from the table. ''''<~;$::~~}..", " '''j. ;>-. ~4':<~~;i:;>:>~ "litJffy public hearing at 9:30 p.m. ", ~~ stated Mr. Hannah's project will be beautiful and he th@~Hiverwalk product. This area is for commercial Planning & Zoning Commission Minutes - January 9, 2006 Page 5of7 stated having concerns for traffic. Gary Lecocq, 5113 Roberts Road, spoke in opposition to the commercial request and stated having concerns for traffic. There being no one wishing to speak, the public hearing closed at 9:45 p.m. Commissioner Bartkowski questioned staff regarding if any chan es were made by the developer? Barry LeBaron replied no, the submission we hay he same as the last time. Commissioner Bartkowski stated tabling this item did p this project. Commissioner Dudziak stated this is a good transition~.. " garden office project. He stated the citizens chose not to have Glade Road a.~tt. our .,and stated being in support of the request. "W '''~it:::;" ....:*:<\::_h\ "~'\; Commissioner McCormick Bartkowski seconded. The motion to deny was approved by the fo Aye: McCormick, Bartkowski, Blassingame, D Nay: Dudziak, Taylor 4. Case G-06-001 - P Development Code to add Barry LeBaron presented the case an Commissioner Byerl,~ There being no 09:~1!;::;:' hing to"~~~ak, the . ic hearing was closed at 9:51 p.m. +<:'::<:;;>:;;/~ ':. Commissioner ~~~ingame ~,' Ie and schedule a workshop for case G- 06-001. Comm'sst~i~r Dud,:<,,);J~~d"*~i:; ."~v~"".,, - i:'U' . . ~;:t~~~~ V'-" .~~. ~~:~* The mo, . ~ble . . 'ved fitt;, ,'~ing vote: "", "ex, Aye:.... "";::;Qudz artkowski, Tayr6r, Blassingame, Duffy and Byerly N ,'" , )., " ne ' ., ,>>;;~ " ':,' " '~X:" ~~~~'~'1::: ":'~:;;..case G-06-0(~:,"\ - Ii ~, IC HEARING - Amendment to Chapter 8-Plat \., view Procedut;@1:~of the Land Development Code ... '.," v,'X.' Barry L~:'~:S~~" briefed ~~~":;~ ommissioners regarding staff having heard suggestions to changes 0' e past' : to this chapter made by the Commission. " .". ~.... ~ Commissioner ated on section 8-5 there is some word redundancy, Barry LeBaron replied t Emtence would be clarified. Commissioner Byerly opened the public hearing at 9:57 p.m. There being no one wishing to speak, the public hearing was closed at 9:57 p.m. Commissioner Duffy made motion to approve case G-06-002. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Amendment to the Land . rilling Regulations Planning & Zoning Commission Minutes - January 9, 2006 Page 6 of 7 Nay: None STAFF REPORTS None COMMISSIONER COMMENTS Commissioner Blassingame stated the Commission is tabli even though the vote is clear as to how the Commissioners :~'::~. Amy Shelley Planning and Zoning Assistant Approved on: -------------------- s too many times ing to vote. ADJOURNMENT The Commission adjourned the meeting at 10:00 p.~,D -:,;;:;,,'**; . ~~ID^ :<:~""~...";"-~v' Respectfully Submitted, /:i*f;:i:Y Planning & Zoning Commission Minutes - January 9, 2006 Page 7 of 7 cUYor cceu~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: February 23, 2005 I Prepared by: I Chris Fuller Development Coordinator Subject: P-06-008 - Final Plat of Lots 1 and 2, Block 1 of the Starbucks Addition STAFF REVIEW COMMENTS N3 Capital LLC has submitted a replat for 1.93-acres located at the southwest corner of Church Street and Colleyville Boulevard. The plat will subdivide the property into two lots and will accommodate the proposed realignment of Church Street. The applicant has submitted the plat for review and consideration by the Planning and Zoning Commission. Zoning. The proposed plat area is located within the Planned Unit Development Commercial (PUD-C) zoning district. The PUD-C zoning designation, Ordinance 0-05- 1550, was approved by City Council in 2005. The ordinance requires a mutual access easement, in accordance with the Land Development Code, across the frontage of the property adjacent to Colleyville Boulevard. The proposed plat meets the development criteria as stated within the ordinance. Sidewalks and Trails. This property is subject to the provisions of the Colleyville Pathways Plan, which requires construction of a 10-foot wide trail along Colleyville Boulevard and the south side of the proposed Church Street. The developer is required to construct the trail for Lot 1, or escrow the funds for the construction of the trail, as part of the improvements for this property. Drainage. No public drainage improvements are required for this development. However, a site drainage study shall be required as a condition of any building permits issued for Lots 1 and 2, Block 1 of the Starbucks Addition. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property adjacent to Colleyville Boulevard. The developer is escrowing funds for the cost of constructing the new realignment of Church Street through this property. Tree Survey and Replacement Requirements. The applicant has submitted a tree survey depicting the existing trees on the site. A tree replacement plan is not required since the only trees being removed are in the right-of-way and do not require mitigation. Agenda Item No. 1- Page 1 SUMMARY The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. This plat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. RECOMMENDATION Approval ATTACHMENTS · Location and Zoning Map · Development Review Committee Memo · Applicant's Response · Plat Agenda Item No.1 - Page 2 Location and Zoning Map Agenda Item No.1 - Page 3 Development Review Committee Memo DATE TO FAX NO FROM January 31, 2006 Michael Tussey 817 -348-8468 Chris Fuller, Development Coordinator SUBJECT P-06-008 Lots 1 & 2, Block 1 Starbucks Addition - minor plat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Provide a Tree Preservation Plan (a tree surveyor an aerial photograph) indicating the general coverage of trees. Where trees are proposed for removal, submit a tree replacement plan. The tree survey, aerial photograph and tree replacement plan shall be in accordance with Chapter 5 - Tree Preservation of this Land Development Code. Contact Chris Fuller, Development Coordinator, 817.503.1054, for more information. 2. Contact the Engineering Department to determine if a Preliminary Drainage Analysis is required for this property. Any Preliminary Drainage Analysis or Drainage Study shall be prepared in accordance with drainage improvement requirements contained in Chapter 14 - Engineering Design Standards of this Land Development Code. Contact Robert Woods, Project Engineer, 817,503.1094, for more information. 3. Provide Construction Drawings for the construction of public improvements. 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. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for the lot frontage adjacent to the new Church Street. Perimeter street improvements are not required for the portions of the property with frontage along Colleyville Boulevard or the existing Church Street. SIDEWALKS AND TRAILS. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along the realigned Church Street. The Pathways Plan requires a 10-foot wide trail along the realigned Church Street. The developer is required to construct the trail as part of the Agenda Item No.1 - Page 4 improvements for this property. The Land Development Code requires construction of a sidewalk along Colleyville Boulevard. The sidewalk is required to be 5-feet wide. The sidewalk must be constructed at the time building improvements are made to this property. The Colleyville Engineering Department may consider a cash escrow for the trail and sidewalk along in lieu of actual construction. Contact Robert Woods, Engineering Department, 817.503.1094, for more information. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY The fee for non-residential uses depends on the proposed 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. Parkland dedication fees are due at the time of approval of the final plat. The fee for non-residential uses is $800 per acre. The fee must be paid before the plat will be recorded with the County Clerk's Office. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 13, 2006, 7:00 p.m. Tuesday, February 21,2006,7:30 p.m. 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; . Exhibits as stated within the DRC letter. The above requested items must be submitted no later than noon on Wednesday, February 8, 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 fullerc@cLcollevville.tx.us or 817.503.1054 if you have any questions. Agenda Item No.1 - Page 5 CivilSolutions Inc P.O. Box 100247 Fort Worth, Texas 76185 (817)423-0060 (817) 346-0520 fax City of Colleyville 100 !\1ain Street Colleyville, Texas 76034 RE: LOTS 1 & 2, BLOCK 1, STARBUCKS ADDITION P-06-008 ATTN.: CHRIS FULLER Chris, In response to the Development Review Comments of January 31, 2006, we offer the following: 1. Provide a Tree Preservation Plan - Included in resubmitta1. 2. Drainage Study - We are providing a Drainage Study for the site and submitting it to Public Works. 3. Provide construction drawings - We are providing preliminary construction drawings for the site to Public Works. These plans include only improvements to Lot 1, the Starbucks site. The City of Colleyville is designing improvements to Church Street. On behalf of the developer, N3 Capital, LLC we acknowledge the following: 1. Perin1eter street in1provements are required for the lot frontage adjacent to Church Street. N3 has placed in escrow funds to cover the construction costs of the new portion of Church Street. These plans are being designed by the City of Colleyville. 2. Sidewalks and Trails. The Land Development Code requires sidewalks. The walk along new Church Street will be constructed with the Church Street improvements and has been previously escrowed. Since Colleyville Blvd. is scheduled for reconstruction next year, we would propose that the sidewalk be escrowed here as well. 3. 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',h :;~. i'; '" 1 n',9 .11. i, ~ _ 1 .' 9' city Of coe@ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: February 23, 2005 I Prepared by: I Chris Fuller Development Coordinator P-06-003 - Public Hearing - Final Plat of Lots 1R1 and 5-10, Subject: Block 1 of the Town Center Colleyville Phase I, being a replat of Lot 1 R, Block 1 of the Town Center Colleyville Phase I Addition STAFF REVIEW COMMENTS Melvin and Martindale have submitted a replat for 15.57-acres located at 5701 Colleyville Boulevard. The plat will subdivide Lot 1 R, Block 1 of the Town Center Colleyville Phase I Addition into an additional six lots. The applicant has submitted the replat for review and consideration by the Planning and Zoning Commission. Zoning. The proposed plat area is located within the CC-2 Shopping Center zoning district. The CC-2 zoning designation requires a minimum lot size of 20,000 square feet, a minimum lot depth of 120 feet and a minimum lot width of 150 feet. The proposed plat meets the development criteria as stated within the Land Development Code. Sidewalks and Trails. This property is subject to the provisions of the Colleyville Pathways Plan, which requires construction of a 10-foot wide trail along Hall Johnson Road and Bluebonnet Drive. The developer is required to construct the trail as part of the improvements for this property. The Land Development Code requires construction of a 5-foot wide sidewalk along Colleyville Boulevard. Drainage. The detention requirements have been met through the development of previous phases of Town Center. The run-off from this phase is being accommodated by a closed pipe system. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property since Hall Johnson Road and Bluebonnet Drive are considered improved streets and Colleyville Boulevard is a state highway. Tree Survey and Replacement Requirements. The applicant has submitted a tree survey depicting the existing trees on the site. Since no trees are being preserved, the developer will be required to plant replacement trees and pay a fee based on the total caliper inches of trees removed (or retained but not protected as outlined in the tree preservation ordinance). As a function of the site plan approval process, the developer must also revise the master landscape plan that was approved for the Town Center development in 2002 to incorporate the tree mitigation requirements. Agenda Item No.2 - Page 1 SUMMARY The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. This replat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. RECOMMENDATION Approval ATTACHMENTS · Location and Zoning Map · Development Review Committee Memo · Applicant's Response · Plat Agenda Item No.2 - Page 2 Location and Zoning Map Agenda Item No.2 - Page 3 Development Review Committee Memo DATE January 11, 2006 Robert Farrell 214-360-1716 Jim Rice 972-385-8747 Charles Hodges 972-361-0615 TO FAX NO FROM Chris Fuller, Development Coordinator SUBJECT P-06-003 Lots 1 R & 5-10, Block 1 of the Town Center Colleyville -- Replat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. Revise the signature block to state: 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 2. Add a note to the plat stating that Lot 10, Common Space, will be owned and maintained by a Property Owner's Association. 3. Provide a tree replacement plan. Section 8.11.B.5 of the Land Development Code states: "Where trees are proposed for removal, the subdivider shall submit a tree replacement plan. The tree survey, aerial photograph and tree replacement plan shall be in accordance with Chapter 5 - Tree Preservation of this Code." In Your Response Letter, Acknowledge the Following Information: 4. A TXDOT Access Permit is required for the drive approach on Colleyville Boulevard. Contact TXDOT at 817-370-6526 for application information. Both TXDOT and the City must approve the permit. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property since Colleyville Boulevard and Hall Johnson Road are considered improved streets. Agenda Item No.2 - Page 4 IMPACT FEES. Roadway impact fees are not required for this property. Water and sewer impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. SEWER $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 PARKLAND DEDICATION. The parkland dedication fee for this development is $9,820.00, which is based on the fee for non-residential uses of $800 per acre. The total amount has been adjusted for the $2,290.40 payment made on OS/26/2004, for the portion of the property that has already been developed. Parkland dedication fees are due at the time of approval of the final plat for the newly platted lots. The fee must be paid before the plat is recorded with the County Clerk's Office. SIDEWALKS AND TRAILS. This property is subject to the provIsion of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Hall Johnson Road and Bluebonnet Drive. The Pathways Plan requires a 10-foot wide trail along Hall Johnson Road and Bluebonnet Drive. The developer is required to construct the trail as part of the improvements for this property. The Land Development Code requires construction of a sidewalk along Colleyville Boulevard. The sidewalk is required to be 5-feet wide. The sidewalk must be constructed at the time building improvements are made to this property. The Colleyville Engineering Department may consider a cash escrow for the 5-foot sidewalk along Colleyville Boulevard in lieu of actual construction. Contact Robert Woods, Engineering Department, 817-503-1094, for more information. PUBLIC WORKS IMPROVEMENTS. The City of Colleyville Engineering Department will provide construction plans comments for public works improvements separately. Please coordinate directly with Engineering Department staff regarding construction plans comments, 817.503.1091. SITE PLAN. Approval of a site plan and landscape plan is required before a building permit can be issued for the site. The site plan review includes review of the site layout, landscape plan, all building elevations, and site civil construction plans. The initial review process takes approximately 14 days. The application fee is $500. Please contact the Community Development Department at 817-503-1050 for information on this process. Agenda Item No.2 - Page 5 ~. .~ ,', .,; , . GSWW, Inc. ('i.-ill""\';n.tnorn",'lnSllln'f~. ''/''''"'''10 n,ll.lh HJtI W...rlh. ^lio".,ll/I. ,\".'i" 1'rf>dtn'$~1f rim,.: Cufic....ru. s-.. WiWuf .. "-.. 1M., Wahi"AklR & A_oyl.... Inc. January 24. 2006 Mr. Chris Fuller Dev,}lopmcnl Coordinate r 100 \ltclin Street Collcyvillc. Texas 7(;034 RE: Tuwn Center - Coli :yvjJlc I)~ur Mr, Fuller: We have addressed the l:ity staff comments in a tetter dated January 20, 2006. A tree surv(~y has all'\."ady been provided and me Ma"ter Landscape plan for the entire pmj~t Wll$ :iuhmiUed in 2001. ::t is the developer's intention to instaJl trees and landscaping in ClcconJancc with that plan. We m: in the process of attaining the TXOoI permit for the drive approach and acknclwlctJgc the requirernent for the 10-foot wide sidewalk in accordance with the tmil syste':n, Shnul,,1 you have any que!:lions regarding dtcse issues, please contact our office. i -~j, ~ 0;;;1 , JackcyFlulU l /As!\odatc '.'1'.\1 1....,,1 ( It",!. HIlI'./.',....I, ~Iilt'.!. (', 1.)11 \\'...11.. Tt.~..~ 71,1 Ii . 1117,,lUto.1.J"4 . III ,,'lfll',, I ~;~ F.oI . WWW.~\W..IlC.(./.1I1 "1 'JII -hi' , ., i:!, !ItJ, lint.. !Ii 'J" ~p. 4 'nU';f:'f tt a, . !J!J ~~,J ~Jtli{ i1)11 'IIi i t J'. J~II,' I Hi, III ' ~i .I.I:'nl:li i!1 · I n i ~: IJrji~~:re -I fl.! ~II ~ -"f I ,!I 1 1-. t 1':tll'1.Ii!:iJ '1 I I' h, 1 Jil ~,! f::'lii; .11 I ':! ; I J f'lI! ii' J !fR"'lflil~ II! ~ fi, I I!! I ., J , ! I~ HI'ml!:!~'~ i 4'.!I', fri i d i ii I 1:li i dl II If' J J . l)lIIIJ,:f' t f~.1 t I"'. 'I t iihiJI~If~!J..I.fllii: I li~J.. , III: I JMu . II~ ~A ill::. ,';11 :III! ;!ii! JI~r !!tBJ ~'A" 11110. Uil L, ,) :L- -I.' _=r!I ~ I :! p !!~ I I ~I~ Ii I hi !!I lal I . ib~.i ~Ii · I I~I I !!i *;.. i! !it I I , ~.I .. I i " II II I.g hl~ II~~ II I~i! lie' I,ll .ni 'I; I~ 1m ~ ~ I is: ~~ II~!I d' 0 ~ II~I' ~it) ~~! 8 ~lQ~! i.~..1 !elS~~ ;!III ;t.) .s.l~ ... I! l!I ~~ l!iI ;::SE-c '.', I I I I J ! ! I I a I s., I ~ I,SI@i ~ ~ ~IWdt 6 lib"[ ili~ ~i~ J I ",' I i~ ~ii IA I~~ i.~ II J J ~ I.. il 1O:j II g~ It I I. J. ijl!i G !d ~ir . I Illi ~Ii' city or cceu~ PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: ; February 23, 2005 I Prepared by: \ Chris Fuller i ! Development Coordinator l I P-06-006 - Public Hearing - Replat of .92 acres on Lot 7, Block Subject: I 2 of the Towne Square Addition, located at 1209 Hall Johnson I Road STAFF REVIEW COMMENTS Guest Monticello Partners have submitted a replat for 0.92-acres located at 1209 Hall Johnson Road. The plat will subdivide Lot 7, Block 2 of the Towne Square Addition into two lots. The applicant has submitted the replat for review and consideration by the Planning and Zoning Commission. Zoning. The proposed plat area is located within the Planned Unit Development Commercial (PUD-C) zoning district, by Ordinance 0-98-1104. The PUD-C zoning designation requires a minimum lot size of 7,200 square feet, a minimum lot depth of 115 feet and a minimum lot width of 70 feet. The proposed plat meets the development criteria as stated within the Land Development Code. Sidewalks and Trails. There is an existing sidewalk located on this site along Bogart Road. The developer will be responsible for replacing and/or repairing the sidewalk, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. Drainage. No public drainage improvements are required for this development. However, a site drainage study shall be required as a condition of any building permits issued for Lots 7R1 and 7R2, Block 2 of the Towne Square Addition. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property since the creation of the new lot does not have frontage on any streets. SUMMARY The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. This replat is scheduled as a public hearing as required by the Texas Local Government Code and the Colleyville Land Development Code. RECOMMENDATION Approval Agenda Item No.3 -- Page 1 ATTACHMENTS · Location and Zoning Map · Development Review Committee Memo · Plat Agenda Item No.3 - Page 2 Location and Zoning Map Agenda Item No.3 - Page 3 Development Review Committee Memo DATE TO FAX NO FROM January 25, 2006 Jimmy Archie 817.424.2448 Chris Fuller, Development Coordinator SUBJECT P-06-006 Lots 7R1 & 7R2, Block 2 of the Town Square -- Replat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property since the creation of the new lot does not have frontage on any streets. SIDEWALKS AND TRAILS. There is an existing sidewalk located on this site along Bogart Road. The developer will be responsible for replacing and/or repairing the sidewalks, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. SEWER The fee for non-residential uses depends on the proposed 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. ROADWAY WATER PARKLAND DEDICATION. Parkland dedication fees are not required for this property as they were paid with the original plat. SITE PLAN. Approval of a site plan and landscape plan is required before a building permit can be issued for the site. The site plan review includes review of the site layout, landscape plan, all building elevations, and site civil construction plans. The initial review process takes approximately 14 days. The application fee is $500. Please contact the Community Development offices at 817-503-1050 for information on this process Agenda Item No.3 - Page 4 PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 13, 2006, 7:00 p.m. Not Required 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 Wednesday, February 8, 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 fullerc@cLcollevville.tx.us or 817.503.1054 if you have any questions. Agenda Item No.3 - Page 5 , 1 I: I: 11'111 s' I f!! '.'.~!.l I' 1 _ ~III I 1!! I it I !i I! ! lilt ill !3Sf f ~~ ~ ! I ~l I ~~!~ or' lil!f}!. l1, i~ ~ ! I ) i ! H ! H! I , h~, it!f! 1111 1 "I ; ~ -I- -I -1- 31 at I 111'li') !!f~ll 1 Ii j{! .I~} .) ~t Ii! ~ jfiliiJt IJ- t 31 31 s I, 31 !, 31 311 ~ JrI11'11 ~]jl ~ 13 ~I II ~,~, s'~, ~3~, ,~ {tit ),., i ]1 11 )1 I. )1 J. 11-' J"t't'. Hi s 1'1 I~ j! .3 I~ .3 I~ J'I! ~ II t!t I l"a ~, ~ -I -1,~ ~I,~, J 5 i I-f t If !H~ H ~I t~ ~Ji n ~i Ii ~i ~l, j i thU { Il'~ ~i ~~ ~~.i 3' ~~J 3' ~~ i~1 ; ~ f'f'llf~ . !!II Ii 11 11: 1} ~i 1}! ~i 1} l~l ~ ~ Ifjl J f 1 - - jlI! IJ)~ ji 11 it il~ it il Iii j ! !ttfji}! , l~~f ~1 I~ It I~ jl I!! jl I! l~! j R Jiitf!'~ ~ ! ! lfij~ ii ilf i~ ~I Ii iii Ii it ili i I l~!'I'II!t i ~ i ~IIJt al i i i i i i i i i ~ ~~j !It. ! I ~h ! hil- ~ ~(Hi. ~ !J ~JII I h h~ I u wI I !'1 t'll ~ rl ,iii I I, 'IE I .~ II I I,' II ,Ill' I '~, 1 H .1 II f -. J :1 :~ :1H !. 11 III (II t~J II' '11 · Iii 1 flf ll' , . I t 11 I i~ I - - rP . 3 Ijll fd!H! :I e ~ iJ' t !~dl! N .:.:~ u..., v..9! ~ ~ meN./!': ~ N...~H ... 0"' ~ ~'<llll ~CZl""i.'l1~ go ["- =..11... ~ ~ &dHj~ ~ ...qJ,; ~~ o ~~.ll!~ ~ ~t e .3~ J f ~! i: I w ~ :;; e::: -") a... --t- : it I Jl , , _J j , I n ]1 ~, f Ii I~ 'I i'1 !1 }" I . lit H / In Hi~ ,~ 111 I I ljl! u Ii Illi / m I ~f j ; if W J 1 ~ ~p / 'I HI ~d -II ~ J " u~ ~~~ ,i ~ ]1 ~J i, !lA; Od Ill. t "I~ hJb ~Ji~ - -.106m - T;>-<<dijiOP.iS'~";;;":J~lSL- - - -- er ~.I ~h . " . ~ '!' I!i~ j!j:; ~~.- ~jf .p N:; .~ <" :ljf cUy or ~<S PLANNING & ZONING COMMISSION AGENDA BRIEFING TexaS Meeting Date: i February 13, 2006 I Prepared by: I Barry LeBaron, ! Develooment Director i I Z-06-001 - PUBLIC HEARING - Request for a zoning change I from CC1 Village Retail and AG Agricultural to PUD-R Planned Subject: I Unit Development Residential on 22.9 acres out of the G. Minter I Survey located northwest of Heritage Avenue and Glade Road I Tabled 01/09/06 UPDATE At the January 9, 2006, 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 and to complete the traffic count tabulation. Attached to this agenda briefing is the final Traffic Impact Analysis provided by the developer. Subsequent to the January 9, 2006 Commission meeting, the developer submitted a request to defer the public hearing to the February 13, 2006, Planning and Zoning Commission meeting to allow additional time to complete the above referenced tasks. 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. Agenda Item No.4 - Page 1 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 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 Agenda Item No.4 - Page 2 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. 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 Agenda Item No.4 - Page 3 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 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. One letter in opposition has been received and is attached to this agenda briefing. 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 Agenda Item No.4 - Page 4 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: February 13, 2006 City Council: March 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 · Updated Traffic Impact Analysis · Property Owner Notification Area · List of Property Owners Notified · Letter in Opposition to the Rezoning Request · Draft Ordinance Agenda Item No.4 - Page 5 Future Land Use Plan Surrounding Subject Tract Subject Property " , Zoning and Location Map 11 NORTH 5309 5303 lle,..it(!ge 1 i~leSchoO fJ~ AG tle%~~ <9al<:4r ' C~ill..€/, T~. St~ofP~Object'wlM1' ,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-1 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-1 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 t.b...e 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,ldesirable 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 VEWeJopWUWlt 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. t~VEWelopWUWlt I n{ortnat"lhf\I 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 2.6946nCYo, 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 CC 1 & 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 staffbefore 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 COMMmEE Z-06-001 HERITAGE OAKS CC1 & AG TO PUD-R 6. All buildings will require an approved fire detection and alarm 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 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. 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 of lot 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 corners of the alleys shown on the site layout. Modification of the alley corners 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. SEWER $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. ROADWAY WATER 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. This 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 10-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 drip line 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 COMMllTEE 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 fullerclw.ci.collevville.tx.us if you have any questions. I c: OEVELOPMENTREVIEWCOMMIT'J1:E 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 CCI & 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 stajJreport 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 stajJ 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 of Collevville 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-l. 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 corner. 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. Z-06-001 Heritage Oaks- Responses to City ofCollevville 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 iriformation. 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. 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 iriformation. 8. On site fire hydrants will be required Contact Jeff Jones, Fire Marshall, 817.488. 6277, for more iriformation. 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 iriformation. 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. 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 2-06-001 Heritage Oaks- Responses to City of Colleyville DRC Comments Page 3 of5 3 IAN 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 BOA. 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-ol-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 (a4jacent 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. 2-06-001 Heritage Oaks- Responses to City ofCollevville 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 of 3.5'. 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 ofCoIlevville DRC Comments Page 5 of5 3 IAN 06 Updated Traffic Impact Analysis TRAFFIC IMPACT ANALYSIS FOR COLLEYVILLE HERITAGE OAKS DEVELOPMENT COLLE~LLE,tEXAS Prepared for: MOOy Development Corporation 545 East John Carpenter Freeway Dallas, Texas 75247 Prepared by: , , """""'''''''''''~~''' ' "",-:\'2. OF r:" ~" ;~:.t::"*'''','''''<;Z4~ ~& '-,- " ..', ',S. ~ "" .. e. * q .. ~*: ~~~ ~ : ,.. (f, ~... .... ...... ............ ..... ...:...., ~ JOSEPH T, SHORT ~ ..,...~................ .... ............." 'i~", 79093 .... ~ G O"'0'~ :<) ....{< ... i'~,s;~F!~T.~~~',~"" ~"<:JIO./f',,~H "'" \'i:l 1\ l.,t... .e"..... ....';,:~~'':...,~ 5 :: Lee Engineering, LLC 3030 LBJ Freeway, Suite 1660 Dallas, Texas 75234 Phone: (972) 248-3006 Fax: (972) 248-3855 I( ~l ~ \ \ \ OV; January 2006 TABLE OF CONTENTS INTRODUCTION............................................ ............................................................................... 1 SITE ACCESSIBILITy............... ................................................................................................... 3 PROPOSED DEVELOPMENT...................................................................................................... 6 TRAFFIC VOLUMES ...................................................................................................,................ 7 TRAFFIC ANALySIS.................................................................................................................. 13 CONCLUSIONS AND RECOMMENDATIONS ....................................................................... 20 LIST OF TABLES Table 1. Proposed Residential Development Trip Generation Rates............................................. 6 Table 2. Estimated Trip Generation for Heritage Oaks Development........................................... 6 Table 3. Level of Service Criteria for Signalized Intersections ................................................... 13 Table 4. Level of Service Criteria for Unsignalized Intersections ............................................... 14 Table 5. Existing (2006) Capacity Analysis Results.................................................................... 15 Table 6. Build-Out Year (2009) Background Capacity Analysis Results.................................... 16 Table 7. Build-Out Year (2009) Total Capacity Analysis Results............................................... 16 Table 8. Build-Out Year (2009) Total Capacity Analysis Results - Driveways .......................... 17 LIST OF FIGURES Figure 1. Heritage Oaks Development Site Plan ........................................................................... 2 Figure 2. Existing Roadway Area and Intersection Lane Configurations...................................... 4 Figure 3. Proposed Access Points and Lane Configurations ......................................................... 5 Figure 4. Existing (2006) AM and PM Peak Hour Traffic Volumes............................................. 8 Figure 5. Build-Out Year (2009) AM and PM Peak Hour Background Traffic Volumes............. 9 Figure 6. Assumed Directional Distribution ................................... ............................................. 10 Figure 7. Build-Out Year (2009) Site-Generated Traffic Volumes ............................................. 11 Figure 8. Build-Out Year (2009) AM and PM Peak Hour Total Traffic Volumes...................... 12 Figure 9. Two-Way Left-Turn Lane Design Guidelines .............................................................. 19 INTRODUCTION This traffic study was conducted to analyze the traffic impacts of the proposed residential development that will be located northwest of the intersection of Heritage Avenue at Glade Road in Colleyville, Texas. The specific focus of this study was to determine the impact that traffic generated by the proposed development would have on the adjacent intersections and at the access locations to the development. The proposed development consists of 124 single-family townhome-like dwelling units, and is planned to be completed in 2009. The site plan for this development is provided in Figure 1. The following elements were included in the study: Data Collection · Collected existing AM and PM peak hour traffic volumes at the intersections of Heritage Avenue at Glade Road and at Gateway Drive. · Obtained historical average daily traffic volumes on Glade Road near the proposed residential development. · Obtained the proposed site plans, information related to planned roadway improvements, and other relevant information. Traffic Analysis · Assessed the general accessibility of the site. · Estimated the number of trips that will be generated by the proposed development. · Estimated the directional distribution of traffic approaching / departing the proposed development. · Assigned the estimated traffic to the area roadways. · Performed capacity analyses for the critical intersections and roadways within the study area at build-out (2009) of the site. · Analyzed the impact of the proposed development on the area roadways. Recommendations · Determined if any roadway improvements are needed to accommodate projected traffic generated by the proposed development and recommended the appropriate roadway cross- sections. Documentation · Prepared a report documenting the study procedures and results. Traffic Impact Analysis for Heritage Oaks Development - Colleyville, Texas Page 1 ,/ .....u.;j:.f~~~~ d_~ l~ ~1",",^V""'lllEIH ..,...... ~ =~=:::=t~ "'O~- ., -~~~:::'~-,.._..__ ~-;t[ . - . . ,.., - '.~ ......~, /. -~,/ , I. '. ~,~, F. . ...'.., '" '._ "'./ , - _.~;- , '0'......,.""'~"~ ~~ < - - f;: ,.. r- " ""02>>' ~:('t '~~~ :~1~~"ul J. .. :; Ii? n~ \\\ "" V", - ~ '4. gj''';':,~~~~:::.;",::,,:(-. !".-" I/] , .d. '. '" ,\ ~~ =I"""~' ~~: '<ili:blli":;::;::::'i}I-1~"I' ',~' 11 ~....~ ': rm 'PI / "'" i ::::"...',,:\::-.,: b ::~,.- ":~}l'1I":':;'\1.:. :'%'It "cI-;;", I,., ".JlLjl:. OL' , ~";I: I I I v.','', , , . :( .', ~"'.'""........ y..... '" .". w, ", -"y I 1, .~ 'I" . ~ ,~, , , "S, :'!\.; 'i::; . 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' 0 '" ,:j, '1,1 N """___'.., .'..'.".:.. . .__ ~". d u,i ~~,MJ)t, [,"', , -, ,."""<',, " ,'".,"...';.,'!.;'.'"~o '....0$.-..-, /,1 ) ~\d , - / "'" - ..~,:;~_...;~:..., II NOO33 , , ~~ ~\. .. .. 'CO' ',' , 'n' Cl , ~~..M :~.,.,~"-,<",..,-,,,..,. -,:'; l~""'" " .. I ;~ U ~i.~;"';'.'2ii'W g. , \/'~~ Fn / C! (5 z ~ ~ = ell .... ~ ;. == ~ a Q.; o - ~ > == ~ ~ ~- ]~ ~ .1: 000 ~ ~ ;. .... ~ ~ == ~ c .. ft" III III C .. ~ C III [g SITE ACCESSIBILITY Site accessibility describes the ease with which vehicles can get to and from a development. A site's accessibility is affected by the geographical location of the development with respect to other activity areas, the roadway system, and physical restraints such as rivers or lakes. The proposed residential development will be located northwest of the intersection of Heritage Avenue at Glade Road in Southlake, Texas. Access will be provided to the development by one full access point on Heritage Avenue, one right-in/right-out only access point on Heritage Avenue, and an emergency-only drive on Glade Road. The existing lane configurations for the study area intersections are shown Figure 2. A brief description of the area roadways are provided below: Heritage Avenue - Heritage Avenue is a four-lane divided north-south roadway with a posted speed limit of 30 miles per hour in the vicinity of the site. The intersection of Heritage Avenue at Gateway Drive is currently unsignalized, with traffic on Heritage Avenue being free-flow. The intersection of Heritage Avenue at Glade Road is currently signalized. Heritage A venue will provide direct access to the proposed site via one full-access drive and one right-in, right-out only access drive. Glade Road - East of Heritage Avenue, Glade Road is a five-lane east-west roadway with a two-way center left turn lane and a speed limit of30 mph. West of Heritage Avenue, Glade road is a two-lane undivided roadway. It will provide direct access to the development via one proposed emergency-only access drive. Gateway Drive - Gateway Drive is a two-lane undivided east-west roadway with no posted speed limit (assumed 30 mph) in the vicinity of the site. It currently T's into Heritage Avenue, and will not provide direct access to the site. The proposed access points and their lane configurations are also shown in Figure 3. With Heritage Avenue bordering the site to the east and other roads such as Glade Road and SH 121 in the vicinity of the site, the development should have good accessibility from all directions. Traffic Impact Analysis for Heritage Oaks Development - Colleyville, Texas Page 3 Heritage Avenue t N Not to Scale SITE ~~l. L oiII.. t~ Gateway Drive L J~l. f= 4~~ Glade Road Heritage Avenue 1~IEnGinEcqinG Existing Roadway Area and Inter~ection Lane Configurations Figure 2 Heritage Avenue ... I N Not to Scale m] i I I i j i iDwyA I i I ~~ ~ ---, ... ,tt SITE ~~l. L .- t~ Gateway Drive L.nn i i I I ! i i i DwyC I DwyB (Emergency ! ,mmmm <.>~IrI>~!~~LmJ .-it ...... -. tt A ---4 L J~l. += ~+ T Glade Road J..~ Heritage Avenue ItJjlEnGinE~inG Proposed Access Points and Lane Configurations Figure 3 PROPOSED DEVELOPMENT The proposed residential development will be located northwest of the intersection of Heritage Avenue at Glade Road in Colleyville, Texas, and will consist of 124 single-family townhome-like dwelling units, to be complete in 2009. The number of vehicle trips generated by the proposed residential development were estimated based on the trip generation rates and 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 of the type and quantity of the land use within the development. The trip generation rates and directional splits for this development are shown in Table 1; Table 2 shows the number of trips generated by the proposed development at build-out. 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 IT = Trip Ends; X = # dwelling units Table 2. Estimated Trip Generation for Heritage Oaks Development Time Period Enter Exit Total Averag:e Weekday 386 386 772 AM Peak Hour 10 51 61 PM Peak Hour 48 24 72 As shown in Table 2, the development is expected to generate approximately 772 daily trips on an average weekday at build-out. Traffic Impact Analysis for Heritage Oaks Development - Colleyville, Texas Page 6 TRAFFIC VOLUMES Background Traffic Volumes Turning movement count data were collected on Thursday, January 5,2006 at the intersections of Heritage Avenue at Glade Road and at Gateway Drive. The results of these counts are summarized in Figure 4. Background traffic volumes under build-out year (2009) conditions were estimated by growing the existing traffic at an annual rate of three percent. Figure 5 shows the background traffic volumes for the build-out year (2009). Directional Distribution The existing traffic volumes were reviewed along with development patterns in the area to determine the directions from which traffic would approach and depart the proposed development. The directional distribution used for the analysis is shown in Figure 6. Site Traffic Volumes Traffic volumes expected to be generated by the proposed development were assigned to the area roadways and site access points based on the directional distribution identified in Figure 6. The estimated site-generated traffic volumes for the AM and PM peak hours at build-out (2009) are shown in Figure 7. Projected Total Traffic Volumes To obtain the projected total traffic volumes at build-out of the proposed residential development, the traffic volumes generated by the site (Figure 7) were added to the background traffic under build- out conditions (Figure 5). The projected total traffic volumes at build-out (2009) are shown in Figure 8. Traffic Impact Analysis for Heritage Oaks Development - Colleyvi/le, Texas Page 7 t Heritage Avenue N Not to Scale ,~ t- ~ 0'" C:!.e.. t- '" '" t- "'- . SITE ~l. L 56 (37) .- 16 (62) tr Gateway Drive ~ o~ "'- ~::::.. - t- ...'" "'''' ~ ~ ... -~O ~~C '" - o '" -"'''' L 565 (169) ~ 268 (788) .- 2 (5) J~l. 358 (68) ----.t 560 (413)-----. 3 (3) -. <4ltr Glade Road ~~~ c.t:-~ t- _ '" t- Heritage Avenue .Of the 172 southbound left-turning vehicles, 29 made a U-turn at this intersection, For analysis purposes, these were analyzed as left-turns, LEGEND: XX = AM Peak Hour (XX) = PM Peak Hour 1~~lin~inii~in~ Existing (2006) Peak Period Traffic Volumes Figure 4 Heritage Avenue SITE ~ ~ ..- O\~_ O\N _ ~~~ on - _0"- --N <4J~~ "'~ Nl'- ~C 00 00 '" 00 "'- L61 (40) .- 17 (68) ~~ tr ..-~ 00 on C!.-~ 0- 000 l'-N L 617 (185) <4- 293 (861) .- 2 (5) ,tr 391 (74) ---.t 612 (451)-~ 3 (3) -. ~~~ '" 00 on ~~~ o _ '" 00 Heritage Avenue LEGEND: XX = AM Peak Hour (XX) = PM Peak Hour t N Not to Scale Gateway Drive Glade Road 1~IEnC;inEE'IinG Build-Out Year (2009) Peak Period Background Traffic Volumes Figure 5 10% .. . SITE DwyC (Emergency Only Drive) DwyA (primary Access) i I I DwyB I (Right-In, Right-Out) ....! Herit ge Avenue ~I 5% .. . 30% .. . t N Not to Scale Gateway Drive Glade Road I~I iCnGiniCiC'IinG ~I Heritage Avenue Assumed Directional Distribution Figure 6 __m_mm -1 I SITE DwyC (Emergency Only D~!~~Lm_: Heritage Avenue i N Not to Scale DwyA ,~~ -- -- ~~ NN J~ 23 (ll)-.t ,t 15 (7) ---. ~ "'~ ~e ",,0 ~ cS '" -,., Lo (1) ~~ .-0 (I) Gateway Drive tr ~ ",.~ ~e, "'0 ~ N~ o~ ,., ,.,- J~ o (O)-.t ,t 13 (6)---. ~ ~",. e~ 0"" I DwyB ~~~ ~~ C!.-~t::;., L 3 (14) ee '" "''''- 00 L 0 (0) ~J~ ~ ~- 0 (0) J~ ~ 5 (2) .- 0 (0) Glade Road o (0) -.t I (5) -.t ,tr o (0) ~ 1(5)~ o (0) ---. ~~~ e...~e... 0-0 Heritage Avenue LEGEND: XX = AM Peak Hour (XX) = PM Peak Hour I~~I EnGnEE~inC Build-Out Year (2009) Peak Period Site Generated Traffic Volumes Figure 7 t Heritage Avenue N Not to Scale mm] I I I i I I I i I I I I i ! DwyA ~ ~'<t -on Ct!- QO on .....on J~ 22 (10)---.t ~1 13 (6) -. ~on on", ~e ~ '" QO ,~ ~ '<t 00 ~t'- ~C ono 00 00 .....- L 62 (43) ~~ . 17 (68) Gateway Drive tr t'-~ oon e~ "'- o QO ~ t'-'" ~on 00 ce ;:: "''<t J~ o (O)---.t ~t 14 (7)-. N' ~'" ee '" QO 000 SITE t...... i ! i I I I I I I i I I DwyC ! DwyB (Emergency i Only Drive) i .... ............ ............. ...................... ..... ______.........1 ~ ~ '" - O~'" c~c ~~ 0 ~ L 620(198) ee "''''''' --'" 00 Lo J~ L~ ~ 293(861) J~ (0) .2 (5) ~ 414 (966) Glade Road 0 (0) ---.t 392 (79) ---.t ~l t r 1007 (533)----' 612 (451)----. ~ 3 (3) -. ~"'~ ....._on ~~~ -..... QO Heritage Avenue LEGEND: XX = AM Peak Hour (XX) = PM Peak Hour Irdl inGinii~inG Build-Out Year (2009) Peak Period Total Traffic Volumes Figure 8 TRAFFIC ANALYSIS Intersection Capacity and Level of Service The Level of Service (LOS) of an intersection is a qualitative measure of capacity and operating conditions and is directly related to vehicle delay, as indicated in Table 3 and Table 4. The LOS criteria for a signalized intersection is shown in Table 3. LOS is given a letter designation from A to F, with LOS A representing very short delays (less than 10 seconds of average control delay per vehicle) and LOS F representing very long delays (more than 80 seconds of average control delay per vehicle). As a practical consideration, LOS D, ranging from 35 to 55 seconds of average control delay per vehicle, is considered the limit of acceptable operation in an urban environment. LOS Cis the desirable condition. For unsignalized intersections, the levels of service; as shown in Table 3, are defined by average control delay in seconds per vehicle. In unsignalized analyses also, LOS D is considered the limit of acceptable operation in an urban environment. Table 3. Level of Service Criteria for Signalized Intersections Level-of-Service Average Control Delay Description (LOS) (seconds/vehicle) A :::; 10.0 Very low vehicle delays, free flow, signal progression extremely favorable, most vehicles arrive during given signal phase. B 10.1 to 20.0 Good signal progression, more vehicles stop and experience higher delays than for LOS A. C 20.1 to 35.0 Stable flow, fair signal progression, significant number of vehicles stop at signals. D 35.1 to 55.0 Congestion noticeable, longer delays and unfavorable signal progression, many vehicles stop at signals. E 55.1 to 80.0 Limit of acceptable delay, unstable flow, poor signal progression, traffic near roadway capacity, frequent cycle failures. F > 80.0 Unacceptable delays, extremely unstable flow and congestion, traffic exceeds roadway capacity, stop-and-go conditions. SOURCE: Highway Capacity Manual, HCM 2000, Transportation Research Board, 2000. Traffic Impact Analysis for Heritage Oaks Development - Colleyville, Texas Page 13 Table 4. Level of Service Criteria for Unsignalized Intersections Level-of-Service Average Control Delay Description (LOS) (seconds/vehicle) No delays at intersections with continuous flow of traffic. A ~ 10.0 Uncongested operations: high frequency of long gaps available for all left and right turning traffic. No observable queues. No delays at intersections with continuous flow of traffic. B 10.1 to 15.0 Uncongested operations: high frequency of long gaps available for all left and right turning traffic. No observable queues. C 15.1 to 25.0 Moderate delays at intersections with satisfactory to good traffic flow. Light congestion; infrequent backups on critical approaches. Increased probability of delays along every approach. Significant D 25.1 to 35.0 congestion on critical approaches, but intersection functional. No standing long lines fonned. Heavy traffic flow condition. Heavy delays probable. No E 35.1 to 50.0 available gaps for cross-street traffic or main street turning traffic. Limit of stable flow. Unstable traffic flow. Heavy congestion. Traffic moves in forced F > 50.0 flow condition. Average delays greater than one minute highly probable. Total breakdown. SOURCE: Highway Capacity Manual, HCM2000, Transportation Research Board, 2000. Capacity analyses were conducted at the study intersection and site driveways under existing, build- out year (2009) background, and build-out year (2009) total conditions of the proposed residential development for the AM and PM peak hours. Traffic Impact Analysis for Heritage Oaks Development - Colleyville, Texas Page 14 Existing (2006) Conditions To evaluate the existing conditions of the existing study area intersections, the intersections of Heritage Avenue at Glade Road and at Gateway Drive were analyzed using existing lane configurations and traffic volumes. Table 5 presents the capacity analysis results for existing (2006) traffic conditions. Table 5. Existing (2006) Capacity Analysis Results Heritage A venue at Glade Road Intersection EB WB NB SB AM Peak 63.2 (Ei 75.4 (E) 48.6 (D) 43.3 (D) 64.3 (E) PM Peak 39.9 (D) 22.0 (C) 50.8 (D) 33.3 (C) 32.3 (C) Heritage A venue at Gateway Drive EB WB NB SB AM Peak - 27.6 (D) 0.0 (A) 7.1 (A) PM Peak - 11.6 (B) 0.0 (A) 0.9 (A) I Delay ill seconds/vehIcle (Level of ServIce) As shown in Table 5, the intersection of Heritage Avenue at Glade Road currently operates at poor LOS under AM peak hour traffic conditions; however, the intersection of Heritage Avenue at Gateway Drive currently operates at acceptable LOS under existing AM and PM peak hour traffic conditions. Build-Out Year (2009) Background Conditions To evaluate the impact of the background growth on the area roadways at build-out of the site, the intersections of Heritage Avenue at Glade Road and at Gateway Drive were analyzed using build-out year background volumes. To obtain the background traffic volumes, the existing traffic volumes were grown at an annual rate of three percent. The peak hour factor (PHF) is defined as the ratio of total traffic during the peak I5-minute flow rate to the total flow over the entire peak hour. A PHF of approximately 0.90 indicated a relatively uniform flow during the peak hour. Because build-out is expected to occur at least three years into the future and it is difficult to predict the spread of vehicular arrival at an intersection over the course ofthe peak hour, the PHF for the build-out year (2009) background scenario was set to 0.90 for all intersections. As the existing PHF' s were significantly less than 0.90 in some cases (indicated a high volume 6fvehicular arrival in a I5-minute period), the delay values for the background condition Traffic Impact Analysis for Heritage Oaks Development - Colleyville, Texas Page 15 appear to be lower than existing conditions. Table 6 presents the capacity analysis results for the build-out year (2009) backgroood traffic conditions. Table 6. Build-Out Year (2009) Background Capacity Analysis Results Heritage A venue at Glade Road Intersection EB WB NB SB AM Peak 29.6 (C) 1 38.0 (D) 14.5 (B) 35.1 (D 43.7 (D) PM Peak 38.9 (D) 21.8 (C) 49.1 (D) 31.7 (C) 31.7(C) Heritage A venue at Gateway Drive EB WB NB SB AM Peak - 16.5 (C) 0.0 (A) 4.5 (A) PM Peak - 11.0 (B) 0.0 (A) 0.6 (A) 1 Delay in seconds/vehicle (Level of Service) As shown in Table 6, the study area intersections are expected to operate at acceptable LOS ooder 2009 backgroood conditions. Build-Out Year (2009) Total Conditions To evaluate the impact of the site traffic on the area roadways at build-out of the proposed development, the study area intersections were analyzed using build-out year (2009) total traffic volumes. These volumes were obtained by adding the total site generated traffic to 2009 backgroood traffic volumes. Table 7 presents the total capacity analysis results for the study intersections. The lane configurations shown in Figure 3 were assumed for this analysis. Table 7. Build-Out Year (2009) Total Capacity Analysis Results Heritage Avenue at Glade Road Intersection EB WB NB SB AM Peak 29.8 (C)1 38.0 (D) 14.5 (B) 36.2 (D) 43.8 (D) PM Peak 51.9 (D) 23.1 (C) 70.6 (E) 33.6 (C) 33.2 (C) Heritage A venue at Gateway Drive EB WB NB SB AM Peak - 16.8 (C) 0.0 (A) 4.5 (B) PM Peak - 11.6 (B) 0.0 (A) 0.6 (A) I Delay ill seconds/vehIcle (Level of ServIce) Traffic Impact Analysisfor Heritage Oaks Development- Colleyville, Texas Page 16 Table 7 shows that the study area intersections are expected to operate at acceptable LOS under 2009 total traffic conditions with the lane configurations shown in Figure 3. Table 8 presents the total capacity analysis results for the site access drives under build-out year (2009) total traffic conditions. The lane configurations shown in Figure 3 were assumed for this analysis. Table 8. Build-Out Year (2009) Total Capacity Analysis Results - Driveways Dwy A at Heritage Avenue EB WE NB SB AM Peak 13.8 (B)l - 0.1 (A) 0.0 (A) PM Peak 10.7 (B) - 0.6 (A) 0.0 (A) Dwy B at Heritage Avenue EB WE NB SB AM Peak 9.7 (A) - 0.0 (A) 0.0 (A) PM Peak 9.3 (A) - 0.0 (A) 0.0 (A) 1 Delay in seconds/vehicle (Level of Service) As shown in Table 8, both site access points are expected to operate at acceptable LOS under 2009 total traffic conditions. Note that Driveway C was not analyzed, as it is designated as an emergency drive only, and is not expected to handle regular site traffic. Continuous Two-Way Left-Turn Lane In order to accommodate left-turning traffic into Driveway A, it is recommended to remove the raised median between on Heritage Avenue between Gateway Drive and the proposed Driveway A and to construct a continuous two-way left-turn lane between the drives. General guideline for the configuration of this two-way left-turn lane are shown in Figure 9. Existing U-Turns at Gateway Drive Existing turning movement counts show a number of southbound vehicles completing u-turns at the intersection of Heritage Avenue at Gateway Drive in the AM peak hour. Heritage Middle School sits to the north of this intersection, and has placed a "No Left Turn" restriction on exiting traffic between the hours of7:10 - 8:10 AM. As a result, vehicles exiting the school wishing to travel northbound on Heritage A venue must first head southbound, and then u-turn at the intersection of Gateway Drive. Traffic Impact Analysis for Heritage Oaks Development - Colleyville, Texas Page 17 With the presence of a proposed continuous two-way left-turn lane between Driveway A and Gateway Drive, it is recommended to construct a southbound left-turn bay at the intersection of Heritage Avenue at Driveway A, so that the vehicles exiting the middle school can complete their u- turn maneuver before entering the continuous two-way left-turn lane section. Traffic Impact Analysis for Heritage Oaks Development - Colleyville, Texas Page 18 Existing Raised Median Proposed Heritage Oaks Driveway A '= ,., Solid l. .-- Yellow a a = = ~ a a Dashed .;:; ";;i "- .. Yellow ~~ c= '= 00 .,.. 1'~ l. ~ ... = ,:: ... < ... l. bJ) :l .;:: ~ ... :I: 12' 12' 12' 12' Existing Raised Median t N Not to Scale Curb Line Solid White Dashed White Existing Gateway Drive I~I i!RCiRi!i!'IiRC; 1\vo- Way Left Turn Lane Design Guidelines Figure 9 CONCLUSIONS AND RECOMMENDATIONS Based on this traffic study, the following conclusions and recommendations can be made: . Approximately 772 trips are estimated to be generated by the proposed residential development on a daily basis. . Site-generated traffic alone will not have a significant impact on the surrounding roadway network. . It is recommended to remove the existing raised median between Driveway A and Gateway Drive and construct a continuous two-way left-turn lane. . A southbound left turn bay should be provided on Heritage Avenue at Driveway A to accommodate southbound u-turns. Traffic Impact Analysis for Heritage Oaks Development - Colleyville, Texas Page 20 Property Owner Notification Area CD o 0) (V) L,[) a ..- L,[) 1 (J) a V oo:;t CD a (Y') CD + (Y') ... ..- a CD (Y') CD (J) t--.. (Y') L,[) a N (T) L,[) ..- (Y') t--.. (J) a a ..- ..-- a (T) N ..- a (T) L,[) L,[) L,[) L,[) L,[) ill N ..- ..- CD (J) (J) a CD CD oo:;t oo:;t (J) a a oo:;t a a L,[) L,[) ..- t--.. L,[) (T) ". L,[) a a a c (J) (J) (J) 0 a "'<t oo:;t "'<t ~ L,[) a L,[) L,[) ill "'<t N C (J) L,[) ..- t--.. (T) (J) a a a a c a a a a ..- a a (J) (J) (J) 0 L,[) ..- ..- ..- a a 0 L,[) ~oo "'<t "'<t "'<t ~ L,[) L,[) L,[) L,[) L,[) I a L,[) ':!J -- )" 9 ". ....,,"_.__.~~~~~-~ .. ,.._~-_.,,-_._.._^",~~.._"'. _.,".","._,~_.~ 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 ... ... . .0 .. Prazak, John B Etux Helen J 5207 Roberts Rd. Colleyville, TX 76034 Prestwick Park HOA Joel Hellman, President 4900 Prestwick Drive Colleyville, TX 76034 Letter in Opposition to the Rezoning Request Allen & Andrea Beach 4912 Prestwick Drive Colleyville, Texas 76034 Mailing: PO Box 1509 Grapevine, Texas 76099 February 1, 2006 Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 RE: Case Number Z-06-001 Dear Sirs: As residents of Prestwick Park, we oppose the request for the re-zoning of the property between Heritage and Roberts. We are against changing the Colleyville Master Plan to accommodate townhouses, condominiums or commercial buildings on these tracts of land. We purchased our property in 2005 and do not wish to see our property value decline. We live one house away from Glade on Prestwick adjacent to Amberley Court (th l-de-sac along Glade). a:?: Allen & Andrea Beach 4912 Prestwick Place Colleyville, Texas 76034 ,Rf5I-=€4VI5D 1 Fft'ffi t1 _ Pefat,;......~..~l 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 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 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 S309 6303 5207 OLD CT Heritage I iddle Schoo 5rr~ / #/ 4909 AG Exhibit B - Metes and Bounds Description LEGAL DESCRIPTION BEING all that tract of land in the City of Colleyville, Tarrant County, Texas, a part of the G.W. MINTER SURVEY, ABSTRACT No. 1034, and being a part oftbat 17.609 acre tract of land conveyed to Annie Orene Rogers as recorded in VolUme 4839, Page 726, Tarrant County Deed Records, all oftbat tract ofland 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 of land conveyed to Rogers Family Trost as recorded in Volume 16755, Page 67, Tarrant County Deed Records, all that tract ofland conveyed to Rogers Marital Trost as recorded in Volume 16755, Page 68, Tarrant County Deed Records, all oftbat tract ofland conveyed to Lilla Bench as recorded in Volume 3674, Page 532, Tarrant County Deed Records, all oftbat 0.31.8 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 poiIit being the northeast comer of Heritage Family Dentist Addition, an addition to 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 W~, 180.41 feet along the south line of said 17.609 acre tract to a one-half inch iron rod foUtid for comer, said point being the most northerly northeastcon;l~r of said Lot 2, said point,being the northwest CQin~ of . said Heritage Family Dentist, Addition; , , , " . TIIENCE along the common lines of said Lot 2 and said ;EIeritage Family Denijst , Addition as follows:, , . , , " , South 01'degrees 33 minutes 08 seconds East. 59.70 feet to a five~ighths inch " iron rod foOOd for comer;' , , " , , North 89 degrees ,10 minutes 30 seconds'EaSt, 171.18 feet to a fivC-:cighthS inch . , irqn rod found for comer; 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. 16l.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-h.a1f 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~ECEIVE[ DEe 1 6 200 Per _._.~......... 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; TIlENCE 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; TIlENCE South 01 degrees 55 minutes 01 secOnds West, at 235.29 feet passing a tree for corner, 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); TIlENCE 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; TIlENCE 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 of land 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 northeast comer of that tract ofll!l1ddescribed as Tract 2 conveyed to Derek Neubauer as recOrded in Clerk's DocumeIltNumber D203199839, Tarrant County Deed R~rds; , South 66 degrees 35 minutes 48 seconds West, 185.99 feet to a one.:.half.inch iron rod found for comer; , , South 03 degrees 53 minutes 23 seconds East,' 77.77 feet to a one-half inch iron rod found at the most southerly southeastCOl1)er' of said 17.609 acre tract, said point being the northeast comer of said Mrs. Annie Orene Rogers tract; . 'TIIENCE 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; TIIENCE 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 II! '; 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 I, 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 comer of that 0.212 acre tract ofland -conveyed to the City ofColleyville as record~ iriVolwne 11930, Page 1410, Tarrant County Deed Records; ," , , TIlENCE South 01 degrees 09 minutes 54 seco~ds East, 403.64 feet along the west line of Herit8ge 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 prepaied." EXhibit C -Conceptual Site Plan il] ~J~ ~."'m "110 ~OJ .t9 .r: If Exhibit 0 -Open Space and Screening Plan IHII\ I I 'I J! 111 iii II , J__," I .. ,I J 3I 1 a \ ., ,. 1M JIlIn '" Inll; ~ J Ii 1" I : 1,(1 { 'I,fill : J Ii ! ill I !l I" II ,. - . -0 : !iJ city or ~CS PLANNING & ZONING COMMISSION AGENDA BRIEFING Texas Meeting Date: i February 13, 2006 I Prepared by: ! Chris Fuller ; j I Development Coordinator ! Subject: I G-06-001 - Amendment to the Land Development Code to add ! Chapter 3.1, Oil and Gas Well Drilling and Production I I Regulations Tabled 01/09/2006 UPDATE The Planning and Zoning Commission tabled this item at the January 9, 2006 meeting in order to review and discuss the proposed ordinance at a work session held on January 19, 2006. The following topics were discussed, which have been incorporated into the proposed ordinance: 1. Revise the approval process so that oil and gas well uses may only be approved with a Special Use Permit. · The proposed ordinance has been revised accordingly. References to Planned Unit Developments have been omitted. 2. The Commission expressed concern regarding potential damage to city streets due to increased traffic by heavy machinery accessing oil and gas well sites. · Section 3.1 -155, Gas or Oil Well Permit Approval, requires an applicant to enter into a Road Repair Agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets. 3. The Commission sought clarification regarding the term "adequate" regarding nuisance prevention measures. · The term "adequate" has been omitted and the regulation has been revised to state: "Nuisance prevention measures shall be implemented to prevent or control offensive odor, fumes, dust, noise, and vibration in accordance with the conditions set forth by the approved ordinance." 4. The Commission expressed interest in a warning notification system for citizens in the event of an accident on an oil or gas well site. · The City may incorporate hazardous conditions into its "Code Red" procedures. "Code Red" is high-speed telephone emergency notification service that allows city officials to deliver pre-recorded emergency telephone notificationlinformation messages to targeted areas or the entire city. Agenda Item No.5 - Page 1 In addition, the proposed ordinance currently requires the operator to notify the City, "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 City." 5. The Commission expressed concern regarding noise attenuation from an oil or gas well site. · Staff has revised the proposed regulations to require: "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 levels to not more than 65 decibels at any point 300 feet from the boundary of the drill site or operation site, whichever is greater. Noise restrictions for oil and gas well permits: a. No drilling producing or other operations shall produce a sound level greater than 65 dB(a) when measured at a distance of 300 feet from the production equipment in question. b. 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. c. 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." A noise comparison chart has been added as an attachment to the briefing. 6. The Commission expressed interest in implementing a minimum distance around the well head in which no residential development may occur. · Staff recommends applying this standard as a condition of the SUP on a case by case basis rather than implementing a codified distance. 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. Agenda Item No.5 - Page 2 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. · 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, red rill , 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 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 fine; 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: February 13, 2006 City Council: March 7 and March 21, 2006 Agenda Item No.5 - Page 3 RECOMMENDATION Approval ATTACHMENTS · Noise Comparison Chart · Draft Ordinance Agenda Item No.5 - Page 4 Noise Comparison Chart The chart below gives an idea of average decibel levels for everyday sounds: Painful: 120 > {dB} Firearms, air raid siren, jet engine 140 Jackhammer 130 Jet plane take-off, band practice 120 Extremely loud: 90 - 110 Rock music, model airplane 110 Timpani and bass drum rolls 106 Chain saw, pneumatic drill 100 Lawnmower, shop tools, truck traffic 90 Very loud: 60 - 80 Alarm clock, busy street 80 Busy traffic, vacuum cleaner 70 Conversation, dishwasher 60 Moderate: 40 - 50 Moderate rainfall 50 Quiet room 40 Faint: < 30 Whisper, quiet library 30 · Source: The American Speech-language-Hearing Association (ASHA) Agenda Item No.5 - Page 5 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 PENALTY 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 Coffevviffe. Texas i I Chapter 3.1 ! I Oil and Gas Well Drilling and Production , , , ~_..,-,-_.._-,_..,---_..,-,...._,_.._-----_.._---------_.._---,_....,-",.._-_..,_.._,..,--_....'---PriiitecToT/o(i..' 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 Definitions Definitions applicable to this Chapter may be found in Chapter 2 - Definitions of this Land Development Code, Section 3.1 - 115 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. 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 has been approved, Denial of a SUP 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 Approval 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. Chapter 3,1 - Oil and Gas Well Drilling Land Development Code City of City of Collevville, Texas Section 3.1 -120 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, 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. 4, 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 -125 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, 0, 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. Section 3.1-130 Approval Process and Administrative Procedures The Community Development Department shall forward all applications for SUPs 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 Chapter 3.1, Chapter 3,1 - Oil and Gas Well Drilling 2 Land Development Code City of City of COllewille, Texas Section 3.1 -135 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 of existing or proposed driveway(s) to be used, C, Identify the 100-year flood plain. D, Identify the proposed source of water. E. Identify and show the proposed method of erosion control. F, 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. G. Show location of all proposed underground pipelines. As built drawings shall be filed with the Engineering Department. All pipelines proposed in the public right-of-way shall require a Right-of-way Use Agreement. H, Identify if pipelines connect with a Gas Distribution System, L General Requirements: 1, Property Owner /Mineral Lessee / Mineral Owner I Gas Well Operator - The names and addresses of the current owner of 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 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 Chapter 3,1 - Oil and Gas Well Drilling 3 Land Development Code City of City of Colle wille, Texas 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 - 140 Violations 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 -145 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, _.._.____._......~._._...__.____.____._.__.___.______.__....~~.__.__.__...m Chapter 3,1 - Oil and Gas Well Drilling 4 Land Development Code City of City of Collevville, Texas 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 materia', 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: 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 ~n 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, 8. Operations and Equipment Standards. Chaptei3-:1'=-oii-a~d-G;~'W~"D'~ilii~g'-"-'--"'----"--'-'.,.-" 5 Land DeveloDment Code City of City of Collevville. Texas 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. Nuisance prevention measures shall be implemented to prevent or control offensive odor, fumes, dust, noise, and vibration in accordance with the conditions set forth by the approved ordinance. 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 levels to not more than 65 decibels at any point 300 feet from the boundary of the drill site or operation site, whichever is greater. 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 ORe for approval. 14. Vehicle routes for oil and gas well permits. Vehicles associated with drilling and/or 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 li~ited to between the above same work hour restrictions except in cases of fires, blowouts, explOSions, and any other Chapter 3.1 - Oil and Gas Well Drilling 6 Land DeveloDment Code City of City of Collevville. Texas 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 of this article. 16. Noise restrictions for oil and gas well permits: a. No drilling, producing or other operations shall produce a sound level greater than 65 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 eity 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 eity 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 all applicable state or federal regulatory agencies. c. All Row lines and gathering lines within the corporate limits of the City of Colleyville (excluding eity of eolleyville 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 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 Safetv Standards. Chapter 3.1 - Oil and Gas Well Drilling 7 Land Develooment Code City of City of Collevville. Texas 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 / 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 floodway when the gas or oil well is drilled directionally 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 eity 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, 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. ------ - - ------ -------..--------- - ------------ ------------------------ -------- Chapte-;'3~- - Oil and G;~Well Drilling 8 Land Devefooment Code City of City of Colfevvilfe. Texas 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, and/or 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, red rill, 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 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 i.ntend.ed !o ~~ used, for human occupancy" means an enclosed space, other than a residence, m which mdlvlduals congregate -Ch;pter-3.1-=-OTt-~~dG-~S-WeIIO;:iiiing----- 9 Land Develooment Code City of City of Co/levville. Texas 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 eity 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 and/or equipment, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building. Section 3.1 - 150 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 Negligence Provisions. 1. Each Gas Well Permit issued by the eity 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, and/or 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 eOLLEYVILLE OeCURRNG ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS OR OIL WELLS. IT IS UNDERSTOOD 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 AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLlGENeE 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 REeOVERY UNDER THE TORT CLAIMS ACT. 10 Chapter 3.1 - Oil and Gas Well Drilling Land Develooment Code City of City of Co/levville. Texas 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 eity. 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 eity 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. elaims made poliCies will not be accepted except for excess policies or unless otherwise provided by this ehapter. B. Required Insurance CoveraQe's. 1. Commercial General Liability Insurance. a. Coverage should be a minimum eombined 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 felease 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: a. Minimum limit of $5,000,000 per occurrence. b. Policy shall cover the east 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 ~elivered 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 --,--,~"",-,-,-,-,-~,-"--,,,,-'--"'-"""-""'-"-"--.-.-...---.. ct;a-pter-i1-'::' Oil and Gas Well Drilling 11 Land Develooment Code City of City of Collevvil/e. Texas 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. eomply with the insurance and security provisions set forth in this Section; and iii. Pay fines and penalties imposed upon the operator by the eity 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,OOO 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 - 155 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. 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 b~ the permit before the per~it 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 ; .._...P_._p.__._._._....._.._.._..____._._.._....___....~_.._---.....-........-------....-.----"...-.-...--.-.....--........---...--.-......-........-...-...-........ 12 Chapter 3.1 - Oil and Gas Well Drilling Land Develooment Code City of City of Collevville. Texas 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 ehapter 3.1; 8. eontain 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 - 160 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 City. 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 eolleyville 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 eommission 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, and/or associated minerals, chemicals, or solid and/or 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 eolleyville. Section 3.1 - 165 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; Chapter 3.1 - Oil and Gas Well Drilling 13 Land Development Code City of City of Collevville. Texas 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. e. Beginning on December 31St, 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 - 170 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. e. 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 3.1-175 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. 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. e. If the operator does not cure the alleged failure within the time specified by Chapter 3.1, the Fife Mafshal may: . . 1. Recommend to the City Council that the Gas or Oil Well Permit be suspended until the alleged failure is cured; or, -Ci:;~Pte-~3.1'-::Oil~-;;-d--Ga-;W;"' Drii-ii~g------------------ .....--.......-......--....-..--........------.--....--.----.--.......-.--....--......--..........-..---.-.---.............-...........-.. 14 Land Develooment Code City of City of Collevville. Texas 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 - 180 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 ehapter 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 ehapter or a Gas or Oil Well Permit at any reasonable time to inspect or perform any duty imposed by this ehapter. 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 ehapter; 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 - 185 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. 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. 15 Chapter 3.1 - Oil and Gas Well Drilling