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Home My WebLink AboutPlanning and Zoning Commission-Agenda Packets-6/26/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Meeting Agenda Monday, June 26,2006 7:00 PM City Council Chambers ~itallmprovements AdViSOry Committee City of Colleyville Meeting Agenda Capital Improvements Advisory Committee 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, June 26, 2006 7:00 PM City Council Chambers 1. CALL TO ORDER 2. ROLL CALL Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly, Andrew Wayne and Larry Cole 3. APPROVAL OF MINUTES June 12, 2006 4. TABLED AGENDA ITEMS 43. Case G-06-014- PUBLIC HEARING - Consider approval of the Roadway, Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees 5. REPORTS AND COMMENTS 6. ADJOURNMENT Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 1 Printed on 6/22/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Meeting Minutes - Draft Monday, June 12, 2006 7:00 PM City Council Chambers ~itallmprovements AdViSOry Committee Capital Improvements Advisory Committee Meeting Minutes - Draft June 12, 2006 1. CALL TO ORDER Present: Committee Members Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Larry Cole ,Jeff Byerly Absent: Denis Duffy and Andrew Wayne 2. ROLL CALL 3. APPROVAL OF MINUTES November 14,2005 Committee Member Dudziak moved to approve the minutes from the November 14,2005 meeting. Committee Member Bartkowski seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Cole, Byerly Absent: 2 - Duffy, Wayne 4. AGENDA ITEMS 5a. Case G-06-014- PUBLIC HEARING - Consider approval of the Roadway, Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees Barry LeBaron presented the case and briefed the Committee members. Aaron Nathan with Kimley Horn and Associates came forward to present the fees calculated for roadway, water and wastewater land use assumptions and impact fees to the Committee members. Committee Member Dudziak questioned staff for clarity if the Committee is to approve the assumptions, not the rates? Barry LeBaron replied the Committee is to consider the recommendations for the plans, assumptions and the rates. Barry LeBaron and Mr. Nathan entered into a discussion regarding the rates being calculated for the surrounding communities. Committee Member Larry Cole stated the fees are being collected from the developers for the portion of the road they are impacting, however, it appears there is not any real intent to build these roads. He stated not remembering Heritage Avenue being on the original assumption. What is the road impact fee right now in each service area? Barry LeBaron replied on the east side of SH26 is $1962 and the west side of SH26 is $1589. The water rate is $1866 and the sewer rate is $140. Committee Member Larry Cole stated not having issues with the water and sewer rates, however, the road impact fees are an issue since there are not any new roads. Committee Member Byerly questioned Mr. Nathan regarding what percent our existing fees are based on recovering and then if you know some of these other cities like what percent of their cost is being recovered by these rates on the chart provided? Mr. City of Colleyville Page 1 Printed on 6/22/2006 Capital Improvements Advisory Committee Meeting Minutes - Draft June 12, 2006 Nathan replied Southlake is in the 40 to 50 percent, Keller is below 50 percent because they do not do the credit calculation. With your existing ordinance, you are almost at 100 percent based on the calculations. Mr. Nathan questioned staff regarding what percentages are the maximum? Barry LeBaron replied in 2001 when the rates were set, the water was at 82 percent of the max and sewer was 100 percent of max and roadway was 100 percent unless it was a sales tax generating business, then it was 65 percent credit, only charging 35 percent. Committee Member Bartkowski questioned why would a city want to collect less than the maximum that they are entitled to? Mr. Nathan replied the burden can be shifted to a front end cost like the developer, so for sales tax uses, you would not want to stunt growth. There are some communities who come close to the 100 percent, but all they ever do is supplement funds. Committee Member Bartkowski questioned Mr. Nathan regarding if the escrow that is in the fund has an impact on the fees being assessed, how much of the fees collected has not been utilized? Mr. Nathan stated not considering those fees in the calculations. Barry LeBaron stated he would get a copy of those funds that are available in those accounts. Committee Member Bartkowski questioned if those funds would make a difference? Mr. Nathan replied those are included in the assumptions for the development. Committee Member Bartkowski stated some of that money would off set the money needed to complete that capital improvement project. Mr. Nathan replied correct and that is reflected in these figures. Committee Member Larry Cole stated these fees are collected and the only streets that are being built are around schools and intersections. He stated new homeowners are paying these fees and there are not any new roads being built. Committee McCormick questioned Mr. Nathan how the new impact fee projects were listed? Mr. Nathan stated being limited to those that are identified on the Master Plan Thoroughfare Plan. Committee Member McCormick questioned Mr. Nathan if any changes were made considering the changes that will be made to SH26? Mr. Nathan questioned as far as discounting the exhibiting demand? Committee Member McCormick replied yes. Mr. Nathan replied looking at the projects on a system level regarding the travel in the old service area, not on a service by service area. The thoroughfare plan being what is needed for the build out of the community. Barry LeBaron stated the Committee may want to look at the Master Thoroughfare Plan to see if there are other facilities that need to be part of the collector system. Committee Member Byerly opened the public hearing at 7:40 PM. There being no one wishing to speak, Committee Member Byerly closed the public hearing at 7:40 PM. Barry LeBaron stated the Committee may want to consider tabling this item until the next meeting to be able to study this more in depth. In the mean time, staff can put together some tables to explain the percentages of the fees that were discussed tonight. Committee member Taylor stated wanting to see what is already in the funds that has already been collected. Barry LeBaron replied he would get the amounts for the next meeting. City of Colleyville Page 2 Printed on 6/22/2006 Capital Improvements Advisory Committee Meeting Minutes - Draft June 12, 2006 Committee Member Dudziak questioned Committee Member Larry Cole what is his opinion about the fees to be collected in a developer or builders perspective? Committee Member Larry Cole replied not being against the impact fee system, the city has to have something to work with. From a builders point of view, as long as Colleyville is doing everything they can do and are competitive with other communities and are not on the high end, it is ok. Committee Member Dudziak questioned Mr. Nathan if these calculations have been done with a higher percentage than in the past based on the higher density developments over the past several years? Barry LeBaron replied using the master plan and based that on the 1.8 units per acre and applied that to those areas that are still undeveloped, realizing that you also have some areas with higher density. The commercial areas were looked at, considering how many new businesses are shown on the master plan. Committee Member Dudziak stated because of the higher density areas, these impact fees may not be large enough to accommodate those densities. Committee Member Larry Cole stated look at the other developments that are three or five acres, this city will never get to the 1.8 that is used for these calculation. Committee Member Larry Cole questioned Mr. Nathan regarding the sewer assumptions, why is it a six inch sewer line, on a private owners property, going to Heritage, why should the rest of the developers fund that for that developer? Mr. Nathan replied distributing those fees equally across the city. It becomes a equal exercise over the whole city. Committee Member Larry Cole stated you end up having a 2000 percent increase, going from $140 to $2500. Mr. Nathan stated the biggest dollar amounts come from the TRA projects. Committee Member McCormick stated the traffic at the Hardage Lane signal will increase considerably once the SH26 updates are completed. Mr. Nathan stated that facility is not identified on the Master Thoroughfare Plan. Committee Member McCormick stated it might need to be. Mr. Nathan replied true. Committee Member Dudziak stated those corrections would need to be made now while we are in the calculating stages. Mr. Nathan questioned Committee Member McCormick if the facility at Hardage Lane would be rehabilitated or complety re-done? Committee Member McCormick replied rehabilitated. Mr. Nathan stated then it would not qualify for the funds. Committee Member Blassingame questioned Mr. Nathan how the $18 million in roadway fees is recovered? Mr. Nathan replied those are the fees being discussed tonight if the 100 percent were taken. Commissioner Blassingame questioned where is the rest of the money coming from since we are at 15 percent right now, but negotiating 35 percent? Mr. Nathan replied the difference between the 82 and the 18 would need to come from. Committee Member Blassingame replied not having enough of an impact to get these roads completed no matter where we set this. Committee Member Bartkowski replied some of those costs should be off set with some of the money that has already been collected. Committee Member Taylor stated staff will be getting the fund amounts for the next meeting. Committee Member Larry Cole questioned staff if the totals are going to reflect as far back as 1990? Barry LeBaron replied should be able to do so. Committee Member City of Colleyville Page 3 Printed on 6/22/2006 Capital Improvements Advisory Committee Meeting Minutes - Draft June 12, 2006 Larry Cole stated it being a good idea to see what is in the funds currently. Committee Member Blassingame stated, before running off developers because of the rate being so high, at least try and determine where the rest of the money is to come from. Committee Member Dudziak stated that not being this Committee's role to suggest or have control over the Master Plan or the priorities. He stated wanting Glade Road to be a four lane road, but really does not have a say in doing so. A motion was made by Committee Member Blassingame and seconded by Committee Member Taylor that this matter be tabled. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Cole, Byerly Absent: 2 - Duffy, Wayne 5. REPORTS AND COMMENTS 6. ADJOURNMENT The Committee adjourned the meeting at 7:45 p.m. by acclamation. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 4 Printed on 6/22/2006 ~.~~~~:.}~( . ~' (lJ~~~~~~jjk1 ~<,:,\';~"; City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WNIN. colleyville. com File Number: File Type: Committee Case Status: Committee Public Hearing Controlling Body: Capital Improvements Advisory Committee Version: 1 Agenda Date: 06/26/06 Requester: Community ~genda No.: 4a Final Action: Development Department File Name: Case G-06-014- PUBLIC HEARING - Consider approval of the Roadway, Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees ~ttachments: Table 1 Current Water Impact Fee Comparison . Table 2 Current Wastewater Impact Fee Comparison' Table 3 Current Roadway Impact Fee Comparison' Table 4 Proposed Water Impact Fee Collection Rate. Table 5 Proposed Wastewater Impact Fee Collection Rate . Table 6 Proposed Roadway Impact Fee Collection Rate' Roadway Impact Fee Financial Summary History of Legislative File Version: Date: Acting Body: Action Text: 06/12/06 Capital Improvements Advisory Committee 1 06/26/06 Capital Improvements Advisory Committee 1 07/18/06 City Council 1 08/02/06 City Council Title Case G-06-014- PUBLIC HEARING - Consider approval of the Roadway, Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees Explanation Update This item was tabled at the June 12, 2006, meeting to allow staff to prepare a series of proposed collection rates for the water, wastewater and roadway impact fees and to compile a financial summary report of the roadway impact fee fund. To simplify the process, staff separated the combined charts and tables previously provided by Kimley-Horn and Associates at the June 12, 2006, meeting into individual tables for water, wastewater and roadway facilities. Upon review of the new information contained in this agenda briefing update and the attached tables, which are explained below, the CIA Committee will need to make a recommendation to the City Council on an impact fee collection rate percentage. The recommended collection rate will be used to draft an City of Colteyville Page 1 Printed on 6/22/2006 Agenda Briefing Continued ordinance for City Council consideration to update the actual impact fees collected as building permits are issued. The Committee will also need to make a recommendation on the Land Use Assumptions and Capital Improvement Plans that were presented by Kimley-Horn staff at the June 12, 2006, meeting, which are the documents that support the maximum allowed fees that could be charged to new development. Under the state law that governs impact fees, a municipality has to include a credit in the calculation of the maximum allowable impact fee for that portion of long-term debt payments related to the growth-related capital projects that are paid by the new growth. According to the information provided by Kimley-Horn and Associates, the maximum water impact fee that could be charged to a new development is $9,963 per service unit (a single-family residence), after applying the credit of $1,762. This amounts to 84.98% of the base maximum of $11,725 water impact fee. The maximum wastewater impact fee is $2,570 per service unit, after applying the credit of $559, which is 82.13% of the base maximum of 3,129 per service unit. The calculations furnished by Kimley-Horn and Associates shows the maximum allowable roadway impact fee to be $7,446 in Service Area 1, the area east of SH26, and $8,747 in Service Area 2, the area on the west side of SH26. There are no credits associated with the roadway impact fee calculations, since there is no debt related to roadway improvements in Colleyville. The attached Tables 1-3 show the current water, wastewater and roadway impact fees for Colleyville and for several area communities. Note that not all of the area cities collect impact impact fees and some only collect impact fees for water and wastewater improvements. Also, attached are Tables 4-6, which show the proposed impact fees based on various percentage collection rates. The Committee may recommend different collection rates for water, wastewater and roadway impact fees. Staff was also requested to prepare an historical summary of the roadway impact fees that have been collected and the current fund balance. The Finance Department has compiled the attached financial report of the roadway impact fee fund, which shows the revenue collections and expeditures for each year back to 1993. Note that due to interest revenues generated, the fund balances exceed the fees collected minus the expenses for roadway projects. STAFF REVIEW COMMENTS Cities adopt impact fee ordinances to collect fees from new developments to help pay for the expansion of their water, sewer and major roadway systems to meet the additional demands placed on these systems created by new growth in the community. Colleyville was one of the first communities to collect impact fees in Texas, shortly after the state enabling legislation was authorized in 1989. Colleyville started collecting impact fees on new development in 1990. In Colleyville, the impact fee rate is assessed at the time a property is platted, while the impact fee is actually collected at the time a building permit is issued. City of Colleyville Page 2 Printed on 6/22/2006 Agenda Briefing Continued State impact fee regulations require municipalities that impose impact fees to periodically update their Capital Improvements Plans (CIP) every five years. The purpose of the periodic update is to provide for regular reviews of the criteria used to calculate impact fees so that the impact fee charges accurately reflect the estimated costs for making the capital improvements outlined in the CIP. A city that collects impact fees is required by state law to appoint a Capital Improvements Advisory Committee, which in Colleyville is composed of the members of the Planning and Zoning Commission, one developer and one realtor. State law requires the Capital Improvements Advisory Committee to make recommendation to the City Council on the CIP and to hold a public hearing to allow citizen comment and input. On June 2, 2006, the Capital Improvements Advisory Committee and the City Council were provided with a copy of the document titled City of Colleyvi/le Water, Wastewater and Roadway Impact Fee Update which was prepared by the firm of Kimley-Horn and Associates, an engineering consulting firm located in Fort Worth. The Capital Improvements Plan identifies the system improvements anticipated to meet the water, sewer and roadway improvement needs associated with new development over the next ten year period and provides cost estimates for making those improvements. Additionally, an electronic copy of the document was posted to the City of Colleyville web site, www.colleyville.com. The Capital Improvements Advisory Committee is scheduled to hold a public hearing on June 12, 2006, at 7:00 p.m. to allow citizen comment and input on the CIP. Notice of the public hearing and the availability of the CIP on the City of Colleyville web site was mailed to those area homebuilders and developers who have been active in Colleyville during the past two years. At the public hearing, representatives with Kimley Horn and Associates will brief the Committee on the CIP and discuss the impact fee collection rates of several area communities. Currently, at the time of building permit for a new single family home, the City of Colleyville collects $1,866 water impact fee for a 3/4" water meter, $140 wastewater impact fee, and either $1,962 or $1,589 roadway impact fee, depending on which side of Colleyville Boulevard the stucture will be located, with the east side being the higher of the two fee areas. Recommendation Approval City of Colleyville Page 3 Printed on 6/22/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Agenda Monday, June 26, 2006 7:30 PM City Council Chambers Planninq and Zoning Commission Planning and Zoning Commission Agenda June 26, 2006 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:30 P.M. 1. CALL TO ORDER 2. ROLL CALL Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly 3. INVOCATION Commissioner Taylor 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES June 12, 2006 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 8. PUBLIC HEARING AGENDA ITEMS 8a Case P-06-031- PUBLIC HEARING - Final plat of Lots 29R-1 and 29R-2, Block 1 of the Wescoat Place Addition being a replat of Lot 29-R, Block 1 of the Wescoat Place Addition 8b Case Z-06-016- PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the W.C. Newton Addition 9. TABLED AGENDA ITEMS 9a Case G-06-015 - PUBLIC HEARING - Consider amending the Master Thoroughfare Plan to change the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a two-lane minor collector roadway City of Colleyville Page 2 Printed on 6/22/2006 Planning and Zoning Commission Agenda June 26, 2006 to a two-lane local street 9b Case Z-06-012 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to PUDR-Planned Unit Residential on 19.78 acres out of the J.L. Byas Survey located in the 1600 block of Sanders Lane 9c Case G-06-017 - PUBLIC HEARING - Request by Grapevine-Colleyville Independent School District for a waiver request of the tree mitigation requirements in the Land Development Code for Colleyville Elementary School, located in the 5900 block of Pleasant Run Road 1 O. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 11. COMMISSIONERS' COMMENTS AND REPORTS 12. ADJOURNMENT: Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 3 Printed on 6/22/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Meeting Minutes - Draft Monday, June 12, 2006 City Council Chambers Planning and Zoning Commission Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 8:00 P.M. 1. CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 P.M. 2. ROLL CALL Commissioners Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame and Jeff Byerly were present. Commissioner Denis Duffy was absent. 3. INVOCATION The invoation was given by Commissioner Byerly 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES May 22, 2006 The corrections being: add the abstain vote for item number 8a; add the recused information to item number 8b and add the abstain vote for 8b; and to add the motion failed information to item number 8c. Commissioner Byerly moved to approve the May 22, 2006 meeting minutes with the corrections. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a. Case P-06-026 - Minor plat of Lots 1 and 2, Block A, Habra Addition, 1.56 acres located at 3798 Glade Road City of Colleyville Page 1 Printed on 6/23/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 Commissioner Byerly recused himself from this item. Commissioner Taylor made motion for Commissioner Dudziak to chair the meeting. Commissioner Blassingame seconded. Motion was approved by acclamation. Chris Fuller presented the case and briefed the Commissioners. Chris Hawkins, the applicant, came forward to present the case and answer any questions the Commissioners had. Barry LeBaron questioned City Engineer Robert Woods regarding why the access easement has the curve and lines up in that location as indicated on the drawing? Engineer Woods explained the future improvements that are tied in with the Glade Road and Heritage A venue intersection has a median opening with the church across the street and the property is taking use of that for access purposes. Commissioner Taylor questioned Mr. Hawkins regarding if there will be multiple buildings along this main road? Mr. Hawkins replied not knowing, the plans have not been advanced enough to know, two maybe three buildings. Commissioner Taylor questioned Mr. Hawkins if the structures will be one story? Mr. Hawkins replied yes. Commissioner Blassingame questioned Mr. Hawkins regarding if the property will be accessed on the left side? Mr. Hawkins replied to the east side of the property, he stated using the access off of Glade Road. Commissioner Bartkowski questioned staff if the access will be adequate enough for the fire trucks to gain access? Barry LeBaron replied yes and the Fire Marshal has approved it. Commissioner Taylor moved to approve case P-06-026. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame Absent: 1 - Duffy Abstain: 1 - Byerly 7b. Case P-06-029- Minor plat of Lots 1 and 2, Block 1 of the Symphony Estates Addition on 1.19 acres located at 2301 and 2305 Glade Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Taylor moved to approve case P-06-029. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 7c. Case P-06-030 - Final plat of Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres located at 5400-5408 Pleasant Run Road City of Colleyville Page 2 Printed on 6/23/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 Chris Fuller presented the case and briefed the Commissioners. Commissioner Bartkowski questioned staff regarding what is the first waiver? Chris Fuller replied the first waiver is for Lot A, there is an existing home with a 25 foot set back already in place. Commissioner Taylor questioned staff if the developer lives on Lot A? Chris Fuller replied yes. Commissioner Bartkowski questioned staff regarding if the public access and drive easement for Lot A is going to create a flag lot, or what is that public access easement going to be used for? Roger Hart, the surveyor, replied that is a drainage easement. He stated that is a pedestrian access and drainage easement. Commissioner Taylor questioned Mr. Hart regarding where does the developer access his lot? Mr. Hart replied from west South Drive. Commissioner Byerly questioned Mr. Hart if all of the other houses, besides the developers house, are going to require sprinkler systems? Chris Fuller replied correct, since this development only has only entrance, the other homes will need to have sprinklers. Commissioner Taylor questioned Rick Warner, the developer, regarding what will be built on Lot 1? Mr. Warner replied a one story home. Commissioner Byerly questioned Mr. Warner if he could do a 15 foot side set back for Lot 1? Mr. Warner replied the further we go up from 8 foot, the smaller the lot size becomes for the home and driveway entrance. Commissioner Taylor questioned Mr. Warner if the 30 foot waiver is what is being requested for Lot 1? Mr. Warner replied wanting the 8 foot set back like the rest of the development. Mr. Hart stated being able to work with the 12 foot set back but would prefer the 8 foot. Mr. Warner stated because of having the brick wall, we would like to have the 8 foot set back to be consistent with the rest of the development. Commissioner Byerly questioned City Attorney if a restriction could be placed on the plat for a one story home to be constructed on Lot 1? City Attorney stated the zoning is what dictates the size, however, the developer may volunteer to specify what the size of the home will be on Lot 1 on the plat if he chooses. Commissioner Taylor stated the developer has stated he would do so. Commissioner Byerly questioned staff if they were comfortable with the 12 foot set back as opposed to the 15 foot set back? Chris Fuller stated being comfortable with the 12 foot set back. Commissioner Bartkowski stated in the field notes of the plat, it reads this is Lot F, Block 2 of the Colleyville Estates, but where the boundaries start, it reads Lot E, Block 2 of the Colleyville Estates, which is it? Mr. Hart replied the lot immediately to the north is the adjoining lot, the lot to the northwest is Lot E. He stated Mr. Warner's home sits on Lot F and some tracts are being incorporated into this plat as well. Commissioner Blassingame questioned staff regarding if a set back number could be City of Colleyville Page 3 Printed on 6/23/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12,2006 designated in the motion? Barry LeBaron replied correct. Commissioner Byerly moved to approve case P-06-030 with the change of the side set back of Lot 1 to be changed to 12 feet and with the developer's volunteer agreement to build a one story home on Lot 1 and to accept the existing set back on Lot 8. Commissioner Taylor seconded. The motion failed by the following vote: Aye: 3 - McCormick, Taylor, Byerly Nay: 3 - Dudziak, Bartkowski, Blassingame After the motion failed, Commissioner Dudziak stated liking the set back that is currently in place. He stated wanting consistency on the roadway, as far back from the roadway as possible. Mr. Hart stated this building line will line up with the other building lines along Pleasant Run Road. Barry LeBaron stated supporting the set back because of the screening wall, the 30 foot will penalize the size of the lot. However, because of the amount of right of way the developer is dedicating, this house will set back farther from Pleasant Run Road. Commissioner Dudziak questioned staff regarding the height of the masonry screening wall to be placed on the property? Barry LeBaron replied six feet. Mr. Warner stated having measured off of the center line of Pleasant Run Road and the property would line up with the other properties. Mr. Hart stated being able to use the 12 foot set back and still line up with the adjacent property. Commissioner Byerly discussed with Commissioners if the 12 foot set back would be sufficient? Commissioner Taylor questioned why does everything have to line up, why does everything have to be straight across? Commissioner Dudziak stated to give consistency down Pleasant Run Road for future developments. Commissioner Byerly agreed however, there will be a six foot fence along Pleasant Run Road anyway, the set back of the home will not be seen. Commissioner Dudziak stated being willing to reconsider a motion. Commissioner Bartkowski questioned staff regarding if in the Land Developemnt Code it must state on the plat a Point of Beginning on the plat? Barry LeBaron replied Commissioner Byerly moved to approve case P-06-030 with the waiver to approve the existing set back on Lot 8 and the approval of the side set back of 12 feet on Lot 1. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Bartkowski, Taylor, Byerly Nay: 1 - Blassingame Absent: 1 - Duffy 7d. Case G-06-017 - PUBLIC HEARING - Request by Grapevine-Colleyville Independent School District for a waiver request of the tree mitigation requirements in the Land Development Code for Colleyville Elementary School, located in the 5900 block of Pleasant Run Road City of Colleyville Page 4 Printed on 6/23/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12,2006 Barry LeBaron presented the case and briefed the Commissioners. Oliver Windham, landscape architect for the school, came forward to present the case and answer any questions the Commissioners had. Commissioner Taylor stated not wanting to see any trees taken away. She questioned Mr. Windham if there is any way to be able to save those trees? Mr. Windham used drawings to describe what is currently on site and what could be done with current situations. He stated because of changing the grade of the land, some trees will be lost. He stated with the parent drop off areas, the detention is taking place where all of the trees are now. He stated if having to go by the code, they would only be required to have to plant about 50 trees on site, however, they are planning to plant over 400 times the minimum requirement. He stated wanting to go in with five inch trees. He stated wanting to be able to leave the open areas open for games and lining the perimeter with trees. Commissioner Bartkowski questioned Mr. Windham regarding if any other solutions have been considered to contain the water run off? Mr. Windham replied they are trying to keep the downstream from being infringed upon and retain as much on site as possible. Mickey Thomas, with Duffy Hamilton Thomas Engineers-Planners, explained the main concentration of flow is in this area where the trees are right now. He stated wanting to facilitate the flow in this area since that is where the concentration is, the low point of the site. Commissioner Bartkowski stated the area to the north of the trees is also a lower area, except for where the trees are located. Mr. Thomas stated they are providing detention in that area as well. Otherwise, we would have to pipe to use the down stream facility. Commissioner Taylor questioned Mr. Thomas if it would be possible to install the pipe? Mr. Thomas replied yes, but it would be costly for a two tier system. Commissioner Bartkowski questioned if an underground storage facility could be used. Mr. Thomas replied yes, but the pipe would have to run about a mile for the pipe and would it be very costly. Commissioner Byerly questioned Mr. Thomas regarding the cost of the pipe versus the $60,000 you would have to mitigate, a rough estimate? Mr. Thomas replied about $100,000. Commissioner Taylor stated for about $40,000 dollars, all of those trees could be saved. Commissioner McCormick questioned Mr. Thomas regarding if there are any other areas on the adjacent campus that the trees could be planted to make up the difference? Mr. Windham replied there are trees to be planted along the tennis court sites, however, there is still not enough room to plant for the ones that have to be mitigated. Commissioner Dudziak questioned staff regarding how many inches of trees need to be planted? Barry LeBaron replied 550.5 caliper-inches. Commissioner Byerly questioned Mr. Windham regarding the different drawings he has provided. Why are there trees planted around the track on one drawing but not on the other? Mr. Windham explained the drawing with the trees around the track is where they would have to plant if they are required to have to plant all of the trees. He stated City of Colleyville Page 5 Printed on 6/23/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 not wanting to plant trees around the track area because of the soft surface of the track, roots growing etc. Mr. Windham stating the drainage becoming an issue as they further developed the project in the planning stages which has created this tree mitigation issue. Commissioner Dudziak questioned Mr. Windham regarding if it would be possible to create a retention pond area instead of the detention pond area which would create an open area that could accommodate the trees? Mr. Windham replied that would require a long term maintenance issue for the school to achieve. Commissioner McCormick questioned staff regarding if this were a builder like Larry Cole, would this discussion be happening? Barry LeBaron stated if these trees were under a building foot print, then they would not have to be replaced. Commissioner Bartkowski questioned Mr. Thomas regarding if the detention ponds have been sized or are these just estimates on the size? Mr. Thomas replied these ponds have been sized for the 100 year flood. Commissioner Bartkowski stated wanting to see the volume in numbers to see whether or not it is justifiable to remove all of the trees. Commissioner Byerly stated the developer has done everything he can to put trees back onto the site to make it efficient for use as a school. He stated being willing to accept the tree mitigation proposal. Commissioner McCormick stated still not understanding why those trees can not be planted around the track area. Commissioner Bartkowski stated the Commission has only been presented with one solution, which may not be the only solution. Commissioner Blassingame stated if a developer were to be putting something in on this property, he would try to fit the buildings on any possible space to not have to replace those trees. He stated not seeing any problem with what the school is trying to achieve. Commissioner Dudziak respectfully disagreed with Commissioner Blassingame and stated there are developers in the area who do take consideration in the replacement of trees even beyond what the code requires. As a government entity, they should want to make the community look better with their facility. Scott Manaham, Facility Manager for the Grapevine School District, stated the numbers can be met for the replacement of the trees, however, the spacing between them has become critical to preserve the life of the trees, they will need to be planted properly and maintained to be healthy and grow. We are trying to present a better looking facility than what is currently in place. Some of those trees are dead and diseased. Commissioner Blassingame questioned Mr. Manaham if there is a way to fill in the area around Bogart with some of those trees? Mr. Manaham stated eventually there will be an entry there and large caliper trees would not work. Commissioner Bartkowski questioned Mr. Windham if some water loving trees have been discussed to be planted in the area, cypress etc. that would not take up too much volume? Mr. Windham explained wanting to have a solid turf cover for the school to be able to maintain the area. He stated some of the trees in the aerials are diseased and dead and need to come out. Most of them are seedlings, 20 to 30 years old. By trying to detain the water on site, we are wanting to make it as easy as possible on the school. Page 6 Printed on 6/23/2006 City of Colleyville Planning and Zoning Commission Meeting Minutes - Draft June 12,2006 Commissioner Dudziak questioned Mr. Windham regarding possible solutions to be able to plant trees around the track facility or the middle school area. Mr. Manaham stated having looked on the new site for the planting of the new trees. Commissioner Bartkowski moved to table case G-06-017 to give the applicant time to come back with alternative solutions. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 8. PUBLIC HEARING AGENDA ITEMS 8a. Approval of a Zoning Change from CN-Neighborhood Commercial to R30-Single Family Residential on 1.5 acres on Lot A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South, Case Z-06-014 Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 9:20 P.M. Dean Owens, Hurst, the applicant, came forward to present the case and answer any questions the Commissioners had. There being no one wishing to speak, Commissioner Byerly closed the public hearing at 9:22 P.M. Commissioner Bartkowski questioned staff regarding how long has this property been vacant and zoned CN-Neighborhood Commercial? Barry LeBaron replied the property has always been vacant, however, he stated not being sure as to how long it has been zoned commercial. Commissioner Blassingame moved to approve case Z-06-014. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 9. TABLED AGENDA ITEMS 9a. Case G-06-015 - PUBLIC HEARING - Consider amending the Master Thoroughfare Plan to change the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a two-lane minor collector roadway to a two-lane local street Commissioner Byerly recused himself from this agenda item. Barry LeBaron presented the request and briefed the Commissioners and suggested the Commissioners to consider this item and the next item on the agenda at the same time, City of Colleyville Page 7 Printed on 6/23/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 but to vote on the items separately. Commissioner Blassingame made motion to remove cases G-06-015 and Z-06-012 from the table. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame Absent: 1 - Duffy Abstain: 1 - Byerly 9b. Case Z-06-012 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to PUDR-Planned Unit Residential on 19.78 acres out of the J.L. Byas Survey located in the 1600 block of Sanders Lane Commissioner Byerly recused himself from this agenda item. Barry LeBaron presented the request and briefed the Commissioners. Curtis Young, the applicant with Sage Group, came forward to present the request and brief the Commissioners. Commissioner Bartkowski questioned Mr. Young regarding if the garages would be in the rear of the town home? Mr. Young replied correct, alley access to the garage in the rear. Commissioner Bartkowski stated the rear building line set back is only 3.5 feet, is that what is being requested? Mr. Young replied yes, there would be an alley and the garage door would be as close as 3.5 feet to the back, the alley would have a 20 foot right of way, turning directly into the garage. Commissioner Bartkowski stated people could definitely not park in their 3.5 foot driveway. Mr. Young replied correct, in addition, some of the streets will have inset parking for visitors. Commissioner Bartkowski questioned staff regarding if they are comfortable with the 3.5 foot set back for trash? Barry LeBaron replied not having looked at the trash issue. Mr. Young replied there is a 20 foot alley right of way, 15 feet of paving within there, so there is 2.5 feet from the edge of the paving to the alley right of way and then another 3. 5 feet. There is a total from the edge of the alley itself to the garage door of about six feet. Barry LeBaron stated there being other 20 foot alleys in town. Commissioner Dudziak questioned Mr. Young regarding the front set back, is that five feet? Mr. Young replied that is for the build line. Commissioner Dudziak stated that hardly being enough room for a sidewalk. Mr. Young stated the sidewalk would not be in the five feet. Commissioner Dudziak stated the structure could be built within five feet of the street. He questioned staff if this is possible? Barry LeBaron replied with town homes it is common. Commissioner Taylor questioned Mr. Young regarding how many feet is there between the front door and the car? Mr. Young replied being about 10 feet. Commissioner Bartkowski questioned Mr. Young if there will be landscape? Mr. Young replied it would be fully landscaped. Discussion occurred between Commissioner Bartkowski and Mr. Young that was not heard on the taping due to not speaking directly into the microphone. Commissioner Dudziak questioned if the units will be built as one unit or do homeowners get to pick different floor plans? Mr. Young replied they will be built as one unit and sold City of Co/leyville Page 8 Printed on 6/23/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 separately. Commissioner Dudziak questioned Mr. Young if the 20 foot buffer would be included in the land the homeowners will own? Mr. Young replied yes, those lots will be 138 feet deep and they will be responsible for maintaining it. Commissioner Dudziak questioned if there will be a Homeowner's Association? Mr. Young replied yes, they will be maintaining the common open spaces. Commissioner Dudziak questioned if the 20 foot would be included in the common open space that the HOA would have to maintain? Mr. Young replied the individual homeowners will maintain there part of the 20 foot buffer. He stated this could be part of the zoning guidelines as well. Commissioner Bartkowski questioned Mr. Young regarding what are the plans for the emergency access? Mr. Young replied wanting to do a hard concrete surface or grass crete that would have some green, but of the fire department standards. Commissioner Taylor commended Mr. Young regarding the layout and design of the project and make it work off of Colleyville Boulevard. Mr. Young relied stating this is an area of need of improvement and this has been though through very carefully. Commissioner Taylor questioned staff regarding if 35% of the adjacent homeowner's did oppose the project? Barry LeBaron replied yes, adjacent property owners opposed. Commissioner Dudziak questioned staff regarding if Wyatt is an abandoned street? Barry LeBaron replied no. About 2001, a proposal was presented to council and denied. Commissioner Bartkowski questioned if Wyatt has ever been a dedicated right of way? Barry LeBaron replied not knowing the history of Wyatt. Some of the Ross Downs residents use the access. Commissioner Dudziak closed the meeting for a recess at 10: 10 PM. Commissioner Dudziak opened the meeting at 10:20 PM. Commissioner Dudziak opened the public hearing at 10:21 PM. Beverly Rickman, 1813 Sanders Lane, spoke in favor of the request because other developers have not been able to use the land for commercial purposes. Dave McCormack, 6407 Meade Drive, stated having concerns with continuing the street, but spoke in favor of the request because of the positive impact to the city. Albert Johnston, 6607 Kennedy Drive, stated wanting to down size and stated being in favor of the project. Chris Strittmatter, 5601 Ponderosa Street, stated knowing Jeff Avery, the builder, spoke in favor of the request and the project will be a good use for Colleyville. Stephen Ross, 1909 Stratton Court, stated not being opposed to the development of the property, but spoke in opposition to reducing the trees to a 20 foot buffer. He stated wanting a 60 to 80 foot buffer that the HOA would have complete control over. Robert Flynn, 7005 Whipperwill, stated a residential to residential does not require a buffer and stated the developer is being grateful to apply the buffer. He stated commercial office space would never work for this property. City of Colleyville Page 9 Printed on 6/23/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 Michael Bell, 1913 Stratton Court, Broughton Addition, presented a letter in opposition to the Commissioners regarding the plan, not opposed to the land being developed. He stated the trees are part of the Eastern Cross Timbers and this plan does not preserve these trees. He stated wanting a larger buffer with an approved maintenance of these trees. He stated the Master Plan has been revised and looked at by more than one Commission and this is an overall plan for the city. He stated this development is too dense. Lanny Norman, Talisman Homes Inc., 3604 Rolling Meadows, Bedford, lot owners in Broughton, stated the proposed buffer is not adequate to maintain the property values of the new homes in Broughton. He stated wanting to know what the price of the homes are going to be? David Bagwell, 8222 Douglas A venue #605 , Dallas, questioned whether the proposed change in the thoroughfare plan will accommodate the growth of the community? He stated this question need not be something guessed upon. It should be studied by experts. This is a departure for the master plan zoning. He stated there are not any plans presented regarding what the town homes will look like. He spoke in opposition to the buffer area, stating the Eastern Cross Timbers should be preserved and this plan does not adequately preserve the trees. Scott Jostes, 6300 Wyatt Drive, stated his property has been in the middle of both developments, Broughton and this possible development. He stated being in favor of the development and this plan and in favor of not opening the street up to thoroughfare traffic. He stated being disappointed that after three years the emergency gates have not been placed where they were promised when the Broughton development was completed. He stated this is a good use for this land. There being no one wishing to speak, the public hearing was closed at 10:56 PM. Commissioner McCormick questioned staff regarding the average number of vehicle trips per household for a development like this? Barry LeBaron replied a little under 10 about 9.4. He stated not being opposed to residential development, however, this is too small, the houses are too close together. Commissioner McCormick made motion to deny case G-06-015 because the thoroughfare plan needs to reflect what will be proposed for the use of this land. Motion failed due to lack of second. Commissioner Blassingame questioned Mr. Young regarding the improvement for Sanders Lane at Colleyville Boulevard, how will this effect the land owner at that intersection? Mr. Young replied Tarrant County or TXDOT is acquiring right of way to improve Sanders at Colleyville Boulevard. Commissioner Dudziak questioned if the open space includes the easement? Chris Fuller replied the tree preservation easement increases the open space to 22 percent. Commissioner Blassingame made motion to approve case G-06-015. Commissioner Bartkowski seconded. The motion failed to receive four affirmative votes as required by the City Charter. The vote being: Aye: 3- Bartkowski, Taylor, Blassingame City of Colleyvi/le Page 10 Printed on 6/23/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 Nay: 2- McCormick, Dudziak Abstain: 1- Byerly Barry LeBaron stated since the Commissioners have an absent member, you may want to consider tabling this item until you have all members. Commissioner Bartkowski stated there not being much use for a minor collector going down Wyatt. Commissioner Taylor stated having concerns with the way this will go out into Colleyville Boulevard and stated having concerns with the proposed barrier. overall, this is a great way, highest and best use for this property. Commissioner Blassingame stated the developer is trying to appeals the neighbors without really having to do so. Commissioner Dudziak stated not wanting to give away commercial property to residential. Maybe other alterative need to be sought for commercial or office development. Commissioner Taylor questioned why not have office space on the front of the development. This is a good concept, just needs some tweaking. Commissioner Blassingame made motion to table case G-06-015. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 3 - McCormick, Bartkowski, Taylor, Blassingame, Dudziak Absent: 1 - Duffy Abstain: 1 - Byerly Commissioner Blassingame made motion to table case Z-06-012. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame Absent: 1 - Duffy Abstain: 1 - Byerly 9c. Case Z-06-013- PUBLIC HEARING - Request for a Special Use Permit for outdoor storage on Lot 1, Block 1 of the Green Acres Addition located at 5401 Colleyville Boulevard This case was removed from the agenda, per the applicant's request in a letter dated June 12, 2006, placed in the case file. 1 O. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 11. COMMISSIONERS' COMMENTS AND REPORTS 12. ADJOURNMENT: The meeting adjourned at 11:15 PM. City of Colleyville Page 11 Printed on 6/23/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 Amy Shelley, Planning and Zoning Assistant Page 12 Printed on 6/23/2006 City of Colleyville ,"$-~...::, :,;:.~~~~::~~~.~~:~ ,.".~""..".~.~.,. Ql~.J$'ir~~;,.:;M~ ::(<".-;"... City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WNW.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 06/26/06 Requester: Community Development Department File Name: Case P-06-031- PUBLIC HEARING - Final plat of Lots 29R-1 and 29R-2, Block 1 of the Wescoat Place Addition being a replat of Lot 29-R, Block 1 of the Wescoat Place Addition Attachments: Zoning and Location Map. Development Review Committee Memo Dated June 5, 2006 . Applicant Response Dated June 20,2006 . PLAT Agenda No.: 8a Final Action: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/26/06 Planning and Zoning Commission Title Case P-06-031- PUBLIC HEARING - Final plat of Lots 29R-1 and 29R-2, Block 1 of the Wescoat Place Addition being a replat of Lot 29-R, Block 1 of the Wescoat Place Addition Explanation STAFF REVIEW COMMENTS Royal Kingdom Builders, LLC, has submitted a replat to subdivide 0.98-acres of land located at 6002 Westcoat Drive. The owner has submitted a final plat of the property for review and consideration by the Planning and Zoning Commission. The plat will create two lots for the construction of single family residences. Zoning. The property is zoned R20-Single Family Residential. The R20 zoning district requires a minimum lot width of 100 feet and lot depth of 125 feet, and a minimum lot area of 20,000 square feet. The proposed plat meets the development criteria as stated within the Land Development Code. Parkland Dedication Fees. The parkland fee for residential uses is $1,802 per lot. Parkland dedication fees are required for the newly created lot and shall be assessed upon approval of the final plat. Sidewalks and Trails. The Land Development Code requires sidewalks on public streets. City of Co/leyville Page 1 Printed on 6/22/2006 Agenda Briefing Continued The sidewalk along Westcoat Drive is required to be five feet wide. The sidewalks must be constructed at the time building improvements are made to this property. The developer is required to construct the sidewalks as part of the improvements for this property. Perimeter Street Improvement Requirements. Perimeter street improvements are required for the newly created lot since Westcoat Drive is considered an unimproved street. Perimeter street improvements are not required on Lot 1 as an existing house is located on the property. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. Tree Preservation. The applicant was made aware of the tree preservation requirements and provided an aerial photo that located existing trees on the property. Trees not located within the right-of-way or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the dripline of all 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. Summary. The owner's surveyor has addressed all Development Review Committee comments. The proposed development appears to satisfy the requirements of the Land Development Code. This plat only requires approval by the Planning and Zoning Commission. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 6/22/2006 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE TO FAX NO FROM June 5, 2006 Royal Kingdom Builders 817.545.2003 Chris Fuller, Development Coordinator SUBJECT P-06-031 Westcoat Place Addition - replat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. The property is located within the R20 zoning district. The R20 zoning designation requires a front yard setback of30-feet. The proposed 35-foot setback is permitted. 2. Remove the Staff and City Council signature blocks. The Planning and Zoning Commission is the approval body for the replat. In Your Response Letter, Acknowledge the Following Information: 3. Additional requirements may be reviewed when plans are submitted. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. PERIMETER STREET IMPROVEMENTS. Perimeter street improvement ftes are due at the time of approval of the plat. Perimeter street improvements are required for the newly created lot since Westcoat Drive is considered an unimproved street. Perimeter street improvements are not required on Lot 1 as an existing house is located on the property. The developer's portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as detennined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality detennination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency servIces. PARKLAND DEDICATION FEES. Parkland dedicationftes are due at the time of approval of the final plat. The fee for residential uses is $1,802 per lot. An assessment of parkland dedication fees will be provided upon approval of the final plat. Parkland dedication fees are required for the newly created lot. 100 Main Street, Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE P~6~31 WESTCOAT PLACE ADDITION SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks on public streets. The sidewalk along Westcoat Drive is required to be 5-feet wide. The sidewalks must be constructed at the time building improvements are made to this property. The developer is required to construct the sidewalks as part of the improvements for this property. TREE PRESERVATION. Trees not located within the right-of-way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building pennit 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 Not applicable for lot with existing house on property. $1,962 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses for new lot. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: Monday, June 26, 2006, 7:00 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; · 12 full size copies of the revised exhibit and one reduced copy (8.5 XII). The above requested items must be submitted no later than noon on Wednesday, June 21, 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 fl111erc(m.ci.colleyville.tx.us or 817.503.1054 if you have any questions. PAGE 20F 2 Royal Kingdom Builders 2 0 MeadQwvi~w Dr Colleyville TX 76034 817858-6587 20 June 2006 Attn; Chris Fuller Re; P~06-031 \Vestcoat Place Addition - replat In response to your letter dated 5 June 2006 we submit the following; 1. The ptoposed setback on the pl'operty has been moved to 30-feet 2. We have removed the Staff and City Council signature blocks and inserted signature blocks for the P&Z Commission. 3. \Ve acknowledge that additional requirements may arise when plans are submitted. 4. 12 full size and 1 letter size copies of the revised exhibit. Xl. I I ~ I HI i ~. I 1 I hi It 11:1 jl ~ !'.. i j J'lltH '~J ! i! I f II It f!I I i !5 1 1 ' f,u J'!f. 1-1 it t I iIttH . ,! I'}! !tfll', ill IIi jl!! b'il 'Ill' I .1 i' 1,1 J( 1.11 i~. I' ;n ra' IJ i' : .J J I I'll, III I' "I' I.,:!I I!! Ii Ill! i. Ill!il jllll ll.ill! III Iii Ilfli ~ tl)l if" dIll IlhlJ11l! I I I! l~ III If I till ' , III/Iii IijJi11U! l~i!!.i'ff I roo t. t II Utf!l'ht I ,1I,llii Ii illilllil!lt'IJ I ,I 1.11 rll I: li~ ~ 14 'I II If I, a -~ .t il JI II }I 11.1 Hi f' I tI 1s II {I . Ir !I I II i ! .illl J I' ,I t I nUl Ii 1 -- I: Iti ,; I" II I: i? 5 i~ ,I - ...... ..,... 1': ! 3J~ I_ k ~ !i ~. .11 ...... ~z ,J 00 e?~. ~ ~ E gg " Uo.l ,-,. :::> g~ NC:l ~8 ~~ ~ ~ Sl~ ~ row N 0 5!\l~ .,.~ 04 o(~..... 8 i\: Z..J S& ~ ~ !.( <( 0.. "iH ....0 ..- f-.,. ~:EW ~~ & <( W&::J l:!~ 0> 0 llllii8 NO .u.. U)~ ~e b;; ~5 ....J ~~ ~ !I It .~~ }I .:-. .1 II ~ I ~l "I i' II ill t ili " '.. ~ ...... " ......, .1' 13;i 'Il~ s _ ~ .11~~t ~ hll~;l~ ~ ::g ~I _a c:::> f <'.l """" ~ ,-: ~ -~ ~ b ,,' = ~.:i~~': i~( .~ -k;;;~~'"" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 06/26/06 Requester: Community Agenda No.: 8b Final Action: Development Department File Name: Case Z-06-016- PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3 , block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the W.C. Newton Attachments: Zoning and Location Map' List of Property Owners Notified' Proposed Lot Layout . Development Review Committee Memo Dated June 5, 2006 . Applicant's Response Dated June 14, 2006 . Letter from Applicant Dated June 19, 2006. Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 06/26/06 Planning and Zoning Commission Title Case Z-06-016- PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential on 20.15 acres on Lots 2 and 3, Block 1 of the Lavaca Trail Addition and Lot 1, Block 1 of the w.e. Newton Addition Explanation STAFF REVIEW COMMENTS Keith Kithsiri has submitted a request on behalf of Invitation Park III, to rezone 20.15-acres of land located on the south side of Lavaca Trail, on the north side of L.D. Lockett Road. The property is currently zoned AG-Agricultural and R40-Single Family Residential. Request. Rezone from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential. The following chart summarizes the rezoning request: Location. The 20.15-acres is located at 909 and 1009 Lavaca Trail and 908 L.D. Lockett Road. Platting. Two of the properties are platted and one property is not platted. The properties are currently developed as single family residences. The property owner has indicated City of Colleyville Page 1 Printed on 6/22/2006 Agenda Briefing Continued plans to subsequently plat the properties into 32 lots upon approval of the rezoning request. Approval of a preliminary and final plat will be required prior to the issuance of building permits. Lot Sizes. The developer has submitted a conceptual layout of the property showing a potential lot configuration. This site is sufficiently large enough to accommodate a 32 lot development. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100-feet and lot depth of 125-feet. The proposed lots, as shown on the zoning exhibit, meet the lot area and lot depth requirements of the R20 zoning district. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The R20-Single Family Residential zoning district allows residential uses. The R20 zoning designation does not comply with the Colleyville Master Plan recommendation that estate lots be developed adjacent to collector streets. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the north and east are zoned R40-Single Family Residential and are currently developed as single family residences. The properties to the west are zoned PUDR-Planned Unit Residential (Emerald Park Addition) and R40-Single Family Residential. The property to the south is zoned PUDR-Planned Unit Residential (Reatta Place Addition). Sidewalks and Trails. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks internal to the development must be four (4) feet wide. Sidewalks along L.D. Lockett must be five (5) feet wide as it is classified as a collector street. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 32 lot development would add approximately 306 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 30 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 6/22/2006 Brice, Tony J & Mary B Brice 6021 Sterling Ln Colleyville,TX 76034 Christman, Mark 5825 Crescent Ln Colleyville,TX 76034 Emerald Park H A Inc 6420 Remington Pkwy Colleyville,TX 76034 Goodman Family Of Builders Lp 5808 W PIano Pkwy Plano,TX 75093 HuHquest, Philip P & Lily J 5712 Texas Trl Colleyville,TX 76034 Ly, Khanh H Etux Jennifer N 5911 Crescent Ln Colleyville,TX 76034 McIntosh, Doyle & Mary Fam Lp 8333 Thornhill Dr North Richland Hills,TX 76180 Moody, Jon Etux April 5935 Crescent Ln Colleyville,TX 76034 Palon, Jerry D 5918 Crescent Ln Colleyville,TX 76034 Perkins, Timothy B Etux Amber 6032 Sterling Dr Colleyville,TX 76034 Bvesco Lp 25 Highland Park Vlg Ste 100 Dallas,TX 75205 Clark, Edward G 6016 Sterling Ln Colleyville,TX 76034 Fleming, James W Jr Etux B F 5919 Crescent Ln Colleyville,TX 76034 Haber, Moshe 5846 Crescent Ln Colleyville,TX 76034 Isbell, Christopher Etux Kelly 6020 Sterling Dr Colleyville,TX 76034 Mahmood, Ghazanfar 5833 Crescent Ln Colleyville,TX 76034 McMurtrey, Wanda & D Issac 5838 Crescent Ln Colleyville,TX 76034 Neilson, Howard S Etux Shirley 5922 Crescent Ln Colleyville,TX 76034 Panchal, Prince H Etux Margari 6024 Sterling Ln Colleyville,TX 76034 Plain, Verl Etux Ruth Ann 909 W Lavaca Trl Colleyville,TX 76034 Chandler, Raman L 7001 Lismore Ct Colleyville,TX 76034 Damron, Kenneth B Etux Melanie 5830 Crescent Ln Colleyville,TX 76034 Gandy, R Craig 1117 W Ld Lockett Rd Colleyville,TX 76034 Haynes, Russell K Etux Susiana PO Box 1602 Colleyville,TX 76034 Lombardi, Angelo Etux Lori 5915 Crescent Ln Colleyville,TX 76034 Martin, Stephen L Etux Nan C 813 W Lavaca Trl Colleyville,TX 76034 Mittag, Andrew K Etux Janet A 901 W Lavaca Trl Colleyville,TX 76034 Ogle, Danny G & Ruth A 1009 W Lavaca Trl Colleyville,TX 76034 Periera, Vernon Etux Sharon 5842 Crescent Ln Colleyville,TX 76034 Reatta Place Hmowners Assoc 777 Trails End Cir Hurst,TX 76054 O'iY?'bIl~ x'..':Q_.----a'LZ ~~a> 8' 5':~ '-J' -,S)( :J; ~"g:,~ :: vi ~<;:it;;~ ~~a ~i ~ .........~ i i ! I I iN '0 iz 'z :(j) is'< i~ :=1 10 'N It) !z lz !(j) io l::r I! @ tn !!l .,., N o s:: :s:: ?< ~ ~ )> o )> --l N o z :IE:: G) m X J: CP -l o o z :J m '"'0 ,,-l r~~ (j') I C ~ CD 0 o c - -l < (f) o z Cr'" .~ _ zr;>2::~ :<~8'l~:r: . -;:a-<m rriF;;>~ ~. 00 (n ~~ 99 RB~ !::5 ~ :0,.' ()lm );>z 00 AJ m 0> IV J\ .~ l\ CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE June 5, 2006 TO Christine Measday (Kelli Engineering) FAX 817.379.1244 FROM Chris Fuller, Development Coordinator SUBJECT Z-06-016 Lavaca Trail- AG & R40 to R20 The Colleyville Development Review Committee (DRC) has reviewed your zoning request submitted to this office. The following comments are for your consideration. No Changes are Required for the Zoning Exhibit. The Following Comments Require a Response from the Applicant: 1. Pending approval of the rezoning request, the property must be platted prior to development. Refer to Chapter 8 of the Land Development Code for plat requirements. 2. If the zoning request is approved, the property shall be subject to the general provisions of the R20 zoning districts. 3. Pending approval of the rezoning request, provide lot numbers for the open space lots and a note on future plats stating that the open space lots will be maintained by the Home Owner's Association. 4. Street names must be approved by the Fire Marshal during the platting process. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 5. If the roadway between the two blocks will be blocked, an emergency access gate with Knox locks will be required. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 6. The Fire Department would prefer a controlled access gate with Opticon emitters that work from both directions. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 7. The brick road shall be capable of supporting a minimum of 65,000 pounds. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-06-016 LAVACA TRAIL-AG & R40 TO R20 IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. TREE PRESERVATION. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. Provide a table on the exhibit that lists the size, per caliper inches, and type of trees within the building setback areas within each lot. SIDEWALKS. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks internal to the development must be 4 feet wide. Sidewalks along L.D. Lockett must be 5 feet wide as it is classified as a collector street. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, June 26, 2006, 7:00 p.m. Tuesday, July 18 and August 1,2006, 7:30 p.m. RESUBMITT AL REQUIREMENTS PAGE20F3 DEVELOPMENT REVIEW COMMITTEE Z-06-016 LAVACA TRAIL-AG & R40 TO R20 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, June 21, 2006, in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1054 or fullerc@ci.collevville.tx.us if you have any questions. PAGE 3 OF 3 Invitation Park III, LP P.O. Box 1178 Grapevine, TX 76099 June 14, 2006 Chris Fuller Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Fax: 817-503-1059 Re: Z-06-016Lavaca Trail Zoning Comments Dear Chris: I am writing in response t() the COmments received from the Development Review Conl1tlittee on zoning case Z....06..016 Lavaca Trail. 1. Pending approval of the rezoning request, the property must be platted prior to development. Refer to Chapter 8 of the Land Development Code for plat requirements. Comment acknowledged. The developer, Invitation Park 111, L.P. (IP3), will submit a PrelitJ:1inary Plat and Pinal Plat to the Ci(v upon approval of the zone change. 2. If the zoning request is approved, the property shall be subject to the general provisions of the R20 zoning district. Comment acknowledged. Allprovisions of the R-20 zoning di.~trict will be met and addressed in the Preliminary Plat that will be submitted to the City. 3. PendingapprovaLoftherezoningrequestt provide lot numbers for the open space loL') and a note on future plats stating that the open space lots will be maintained by the Home Owner's Association. Comment acknoli'Zedged. Lot numbers for open space lots and a note on future plats stating that the open space tots will be maintained by an BOA will be provided on the Preliminar.v Plat. IP3 will establish an HOA responsible for maintenance l?lthose areas prior to the sale of lots to individual builders. 4. Street nameS must be approved by the Fire Marshall during the platting process. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. Comment acknolvledged. Street names will be submitted to Rob McKeown for approval at the time of platting. 5. If the roadway oetween the two blocks will be blocked, an emergency access gate with Knox locks will be required. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. Comment acknowledged. Anemergem.y access gate with Knox locks will be installed between the two blocks. 6. The Fire Department would prefer a controlled access gate with Opticon emitters that work from both directions. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more infomlation. Comment.acknowledged. IF3 wilt research the Opticon system, and will instaUlt ff it is found to be rea,<;onably economical and if electric requirements can be met at the location of the access gate. At a minimlim, the developer will provide an access gate with Knox locks'. 7. TIle brick road shall be capable of s McKeown, Fire Marshall, 817-25-8 otting a minimum of65,000 pounds. Contact Rob 7, for more information. Comment acknowledged Kiellie Engineering, Inc. will research the proposed pavers to ensure that the minimum 65,000 pounds can be supported,. and will submit information from the manu/facturer supporting that claim. If it is found that the pavers cannot meet the City's requiremen;t;(l.Ct')}lcCrete drive,. meetingCity.startdar4s,willbe installed for the emergency access. If you have any questions, please do not hesitate to calL --- KELLIE ENGINEERING,INC. June 19, 2006 Planning & Zoning Commission c/o Community Development Department City of CoUeyville 100 Main Street Colleyville, TX 76034 Re: Z-06-016 Lavaca Trail Zoning Application Dear Commission Members: The original Concept Plan and Zoning Request for the Lavaca Trail property was denied at the May 8, 2006 Planning & Zoning Commission meeting. After this meeting we revised the Concept Plan and have submitted a new zone change request for your consideration. The new request is for the entire 20.15 acres to be rezoned. to R..20. We believe this new Concept Plan addressed the three major concerns of the Planning & Commission and the Emerald ParkHOA that were expressed at the May 8, 2006 Commission meeting; specifically: 1. Cut-through traffic behind the Emerald Park subdivision from L.D. Lockett Road to Lavaca Trail. The proposed layout with two cul-de-sacs solves the cut-through traffic issue. A locked gated emergency-access only driveway is proposed between the two cul-de-sacs. Preliminary discussion with Rob McKeown, Fire Marshall, indicated this solution is acceptable to Police/Fire as long the gate type and pavement rating meet City standards'. The developer also prefers this lay-out. 2. The Emerald Park BOA did not want a street immediately east of their subdivision (especially a cut-through street). Concern acknowledged The new layout has centrally located streets with lots on both sides of the street Residential lots now adjoin. Emerald Park. The Applicant prefers this new layout. 3. The Emerald Park BOA has expressed concerns about the surface drainage from the east which current drains towards Emerald Park. Concern. acknowledged. The new layout proposes 2 HOA maintained Open Space areas which will also provide areas for storm water detention. It is the Applicant's intention to landscape these areas so both a landscape and drainage value can be derivedfi'om them. 200 Rufe Snow Drive North, Suite 120, Keller, TX 76248 Tel: 817.379.1225 Fax: 817.379.1244 CONSULTING CIVIL ENGINEERS' PLANNING' DESIGN f l{ (, 1 r fl Hi G ~ t Planning & Zoning Commission June 19,2006 Page 2 of2 KELLIE Invitation Park III (the Applicant) represented by Dan Bryson and Keith Kithsiri; and myself met with the Emerald Park Homeowners Association (HOA) on June 1,2006 to present the new Concept Plan with two cul-de-sacs with an emergency access between them. rhe initial response of the l-lOA was very positive. A week after the meeting, the Emerald Park BOA inquired if the Applicant would consider resubmitting the zoning case as PUD (R-20 general criteria) to ensure the design is conformance \-'lith the Concept Plan. The BOA wanted a mechanism to ensure the project would be developed as shown. The Applicant is committed tQ developing the site as shown on the Conceptual Layout. At this time the Applicant would like to proceed with the current R-20 zoning request, a PUD is not the appropriate vehicle for "locking in" desired elements of the Concept Plan. A PUD would require that all of the engineering and platting issues be addressed prior to your consideration. As the site can succes.sfuUy developed under R-20 criteria we would like to proceed in this direction. At this time the site is being field surveyed for platting and engineering design. Minor design changes to lot lines, detention areas, and open space areas may become necessary during the engineering design process to locate utilities, drainage structures, or other features. Additional open space! medians may be added at the entranceways on Lavaca Trail and LD. Lockett Road when these entranceways are landscape designed. Some flexibility is needed in the design process, which is also an oppmtunity to further enhance this design. The Emerald Park HOA has asked for a landscaped area with park benches along L.D. Lockett adjacent to their open space. The developer would like to accommodate this request but needs flexibility for the final design. The Planning and Zoning Commission and City Council will have the opportunity to review both the preliminary Plat and Final Plat which will incorporate the engineering design and any enhancements to the open space. Sincerely, Kcllie Engineering, Inc. [:dMwuR ~ Edward T. Keme, P .E. ORDINANCE 0-06-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 20.15 ACRES OF THE LOTS 2 AND 3 BLOCK 1 OF THE LA V ACA TRAIL ADDITION AND W.C. NEWTON SURVEY, FROM THE AG-AGRICUL TURAL AND R40-SINGLE FAMILY RESIDENTIAL DISTRICT TO R20-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Keith Kithsiri on May 26, 2006, under Case No. Z-06-016; 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 Ordinance 0-06-xxxx Page 2 of 3 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. 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. Sec. 7. 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 of said property from the AG-Agricultural and R40-Single Family Residential zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in Exhibit "B". 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 ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect Ordinance 0-06-xxxx Page 3 of 3 immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" R-40 EXHIBIT "B" CUARENT 20NtNG AG PROPOSED P.~Ewin9 SYfVe'i, i rt~$ <Ql1(j bt lflg Q " 2 md 3. lO\({i(Q Trail PtJ~ iGO cd he Plol Rec:oroSc ~d bt'tu,g wn)re; PfJrti<;tJorly I, 12 h:et llloog the ptlin j e or ( Qrn~f olso 1l1<1 af Itud l.(l'l~t:c) rra!! ,l;dt!lf CURREN r lONlNG I PRO~10SEO Z OfilNG 1 ~'JNt:cm l\.ll'vey! Ab$lr<.lc1 Te~~ !Jfid being Q W , C. Ne wlol't $ubd hd:i iQn tht Plat R~~or(fs of r orran! mort pttr;1ft:lAorll d~r.t;r;hed <I'l! f~l~ttotl ~Qrn~f' of 2he Emerald PQt'$t Sub4h'i5iCn14 on t)' ~(jJllt"'lilefTmn:Jnt 'Cqy,dy, Te~4s U~ rO{;{Jft!6cl t)410 l P. R , T ,(; T . fJ dlsh:mc~ o. 314. 38 _#!~l to {J pOlfl1 ~Qr 01 Soid ,CNew!oo I. ~ ,T r t 10 Q fefr IJ lji:i I (In.; e , IQurn.tlJf (Of"'flt:r of (l Qf , a I canh::tinf$1g tlfi an~o 01 9 ofld D;Ct" ~'!i . ,.~..",.:L:7':~'::":,:,, ..."...~.,~~;~,..,. ,.;< .''4i;.':~.~*.;''~.''~...~.'. .... $:' \~~.j~J . .Y"'~ ));:f,c?i i1~;~:': City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 lNWW.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 06/26/06 Requester: Community Agenda No.: 9a Final Action: Development Department File Name: Case G-06-015 - PUBLIC HEARING - Consider amending the Master Thoroughfare Plan to change the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a two-lane minor collector roadway to a two-lane local street Attachments: Location Map. Letter from Developer Dated May 16, 2006 . List of Property Owners Notified . Letter of Opposition Dated May 20,2006 History of Legislative File Version: Date: Acting Body: Action Text: OS/22/06 Planning and Zoning Commission 1 06/12/06 Planning and Zoning Commission 1 06/26/06 Planning and Zoning Commission Title Case G-06-015 - PUBLIC HEARING - Consider amending the Master Thoroughfare Plan to change the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a two-lane minor collector roadway to a two-lane local street Explanation UPDATE 6/26/2006 At the June 12, 2006 Planning and Zoning Commission meeting, no action was taken on this item and it has been rescheduled for the June 26, 2006 meeting. UPDATE 6/12/2006 Due to a lack of a quorum at the May 22, 2006 Planning and Zoning Commission meeting, no action was taken on this item. This agenda item has been rescheduled for the June 12, 2006 meeting. Public hearing notifications were mailed to property owners within 200 feet regarding the updated public hearing date. City of Colleyville Page 1 Printed on 6/22/2006 Agenda Briefing Continued Staff Review Comments The City of Colleyville has received a rezoning request for property situated on each side of Sanders Lane. The Master Thoroughfare Plan shows a future two-lane minor collector roadway that would extend through the proposed development, which is a separate agenda item for consideration. To address the concerns of residents on adjacent properties, the developer has not provided for a typical street connection between the eastern part of the development and the extension of Sanders Lane. Attached is a letter from the developer requesting the Commission to consider amending the Master Thoroughfare Plan. The proposed rezoning of the Sanders Lane property cannot be approved without showing a continuous street connection of Sanders Lane through the development, unless the Master Thoroughfare Plan were to be amended to delete the collector roadway from the future thoroughfare system. Coordinating the development proposal with the future thoroughfare plan will require an amendment to the Master Thoroughfare Plan by changing the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a minor collector roadway to a local street. As shown on the Master Thoroughfare Plan, the minor collector roadway would provide a continuous looped roadway system from the intersection of Sanders Lane and SH26 to Wyatt Drive, thence using Industrial Boulevard back to SH26. If the thoroughfare plan is amended to change the classification to a local street, a continuous street connection will not be required as properties develop or redevelop. Public Notification. Staff mailed notices to 30 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 regarding this request. Financial Impact There is no financial impact to the City of Colleyville associated with this request Recommendation Approval, subject to approval of the rezoning request of Case Z-06-012 City of Colleyville Page 2 Printed on 6/22/2006 Location Map ld c Hall hnsoll R 4/95" 0.~_,.6}..._:~.~..~..~2...!..!....!_~.~~:!I..I...~,~....._ ...C.L... ,.....N....~...5_C...~..!_~.~.,!!..!.!~_~~3..~_,~._.~_I,.~!. 1'6 MAY 06 '., .~.~1\#~Fu.11f;r ',~!~en~ Gool"Giinator .(~;~FCOWE'YVILLE :';l'Go'~ntS~t. dol1~iUe;.TXs16034 RE: Z..O&-012- The Villas at OakPoirtte.. AG toPUOR ( n.Mt, F\lUer: '.' ." . .. '. .'. .il~jin1otioriWiththeabove refere~,~tforre~g,.weherepy,~so reqU~stto '. ~~ tJieMaster Thor~ughf8teP~'(ff.~$';ityofColleyvi1le;8.$it 'reiiltcst()' SlU1<ier'-' -'Lano. .. . .., .' . . '. ... ". -'". ,. - , .' , Cutrcmty, it shows.'Sand~ L~. ..t9tij.t~.'COll~f'type'S~latbrough '~.',"""." ..... . eonneotipg. Hwy.26.with Wyatt,.~lo_~'9f1hePf~pet1y'inq~,tion, (lhc1the11,:. toInd~Blvd. ,SandersLanedoe.s'4Ot"elme.ntty,~.this.~nnection. . .... . As we arepro~ing a Residential Dcv,~Q__nt,. we do notofeel,e.~gh-rt,lad oo~ori'f0.' ~:lndustriall COlM1et~i8l:~"ViQuId ~:l)eneficiat Al$o~.tl1ecm~4 .~s Lane~s intended to CO~i~Y.~,WyattR.~;"is,'~ng.*.than.~...... . . 'single' lan,egra'\'el, ro'ad with an' i~~~ltOW to{nnpto'Vomenttoa c()nlfPtQ~typ~/" ~. It is tlanked by 'Residentia1~${Ro$$DoWQS'i?th(:~t. indiYldWU ..~,~)~ 'W~);Wt(\i~p~$ed'Withtho~e'\an'd,~~,(AA4theItoSsI)o~$liQA repre~ntativtS) . theitpossibleUrt~st jnseeingWy.,toaCt~pamied.~aswclhu:~'$andqrs'~. . . . conneetion be4tg made. Jl1 bothcascs'we ,weteadvisedthat they,clid' not: wartt tC:f'seethe' exp~ion and connection made. fAX, 'j" 1 .1I ;..~9 ~ .'-2. 4 \ ." ~fact,.theneigltbors hi\yerequested l1oopcncOMectionbe~ ,atall,artdin. ."",.:. ~ollSidCration of those requests, our Platts inClude only ~. em~rgency aCCe~s eonnec~~tr at that location, . . Thariksyou'foryou consideration in this matter. PlcflSe call,if'youb.ave:uy,question$,/'" Curtis W, Youn Pri~ipa1 "4 4 S, R E E , 0 R T , "-R K W ,. Y $ U I T & .. Q IR Y I " G. T E X A$ 1'S Q · , 904 Industrial 2P Lc )0 Box 742346 )allas, TX 75374 \dditional Self Storage Lp /411 Hines PI Ste 100 )allas, TX 75235 3ass, Gary Etux Brenda l812 Sanders Ln :olleyville, TX 76034 3roughton Ltd Partnership ~222 Douglas Ave Ste 605 Jallas, TX 75225 3eneva Realty Management 1808 Industrial Blvd Colleyville, TX 76034 Heidel, Ruth V 1712 Gatehouse Ct Colleyville, TX 76034 Jostes, Charles Scott 6300 Wyatt Dr Colleyville, TX 76034 Loftin, Stacey B Etux Ronda 6306 Wyatt Dr Colleyville, TX 76034 McPherson, Ronny D Etux Vicky 1501 County Road 1224 Clebume, TX 76033 New Synergy Inc 3901 Airport Fwy Ste 312 Bedford, TX 76021 1904 Industrial Ltd PO Box 742346 Dallas, TX 75374 Additional Self Storage Lp 7411 Hines PI Ste 100 Dallas, TX 75235 Anderson, Ronald H 1162 Silverlake Dr Grapevine, TX 76051 Barukei El I Ltd 6409 Colleyville Blvd Colleyville, TX 76034 Broughton Ltd Partnership 8222 Douglas Ave Ste 605 Dallas, TX 75225 Broughton Ltd Partnership 8222 Douglas Ave Ste 605 Dallas, TX 75225 Cannedy, George Etux Joy M 2428 Brasher Ln Bedford, TX 76021 Dica Properties Ltd 1812 Industrial Blvd Colleyville, TX 76034 Gore, Charles E Etux Vera =3905 Allendale St Colleyville, TX 76034 Grier, Michael R Dds PO Box 663 Grandview, TX 76050 Horn, Billy J 1500 Royal Pkwy Euless, TX 76040 Johnson, Melanie A 2003 Kyle Ct Colleyville, TX 76034 Kac Colleyville Jv 4008 Cochran Heights Ct Dallas, TX 75220 Lindley, Swift L Etux Gail T 2002 Kyle Ct Colleyville, TX 76034 Luers, Dennis R 1419 Thislewood Ln Grapevine, TX 76051 McPherson, Ronny D Etux Vicky 1501 County Road 1224 Clebume, TX 76033 Neece, Charles 1905 Sanders Ln Colleyville, TX 76034 Neil, Keith A 2000 Reynolds Dr Colleyville, TX 76034 Pahlavan, Payman 10606 Shady Trl Ste 109 Dallas, TX 75220 Realty Capital Colleyville Sq 99 Main St Ste 200 Colleyville, TX 76034 Jo\lnt::IIUHlt::IU MA Y 20,2006 AMY SHELLEY COMMUNITY DEVELOPivtENT DEPT CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 KAC COLLEYVILLE JOINT VENTURE ROBERT G. ELLINGTON 4424 LOVERS LANE HALLAS, TEXAS 75225 RE: DEAR MS. SHELLEY: CTNOTIFICATION FOR ANY UGHI' ARE PLAN TO o REVIEW THE . WE RECEIVED OUR NOTICE ON MAY 19, A COpy OF THE POST MARKED ENVELOPE IS ATTACHED WE WILL ADAMANTLY BE OPPOSED TO ANY CHANGE TO THE MASTER PLAN. THE TWO LANE CONNECTOR WAS THE REASON WE ACQUIRED OUR Y AND INDUCED US TO COMPLETE A ZONING CHANGE AND . THE CITY FOR RIGHT-OF-WAY FOR THE MINOR AY. niE ONLY REASON WE HAVE NOT DEVELOPED OUR PROPERTY IS THAT WE HAVE BEEN WAITING FOR THE HIGHWAY TO BE COMPLETED. IS APPRECIATED. RESPECTFULLY SUBMITTED, ROBERT MANAGING PARTNER CC THE MAYOR, CITY OF COLLEYVILLE Masterplan admelldment RECEIVED 'MAY 2, 2, Per ............. -,.:}~t.~~L.~ c~~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 06/26/06 Requester: Community ~genda No.: 9b Final Action: Development Department File Name: Case Z-06-012 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to PUDR-Planned Unit Residential on 19.78 acres out of the J.L. Byas Survey located in the 1600 block of Sanders Lane Mtachments: Zoning and Location Map . Future Land Use Plan Surrounding Subject Tract . Statement of Planning Objectives. Development Review Committee Comments Dated May 11, 2006 . Applicant's Response Dated May 16 & 17, 2006. List of Property Owners Notified . Letters in Opposition to the Rezoning Request. Letter of Support Dated June 7,2006 . Revised Exhibit History of Legislative File Version: Date: Acting Body: 1 OS/22/06 Planning and Zoning Commission 1 06/12/06 Planning and Zoning Commission 1 06/26/06 Planning and Zoning Commission 07/05/06 City Council Action Text: Title Case Z-06-012 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to PUDR-Planned Unit Residential on 19.78 acres out of the J.L. Byas Survey located in the 1600 block of Sanders Lane Explanation UPDATE 6/26/2006 At the June 12, 2006 Planning and Zoning Commission meeting, no action was taken on this item and it has been rescheduled for the June 26, 2006 meeting. The applicant has revised several aspects of the proposed rezoning request due to comments made during the public hearing at the June 12, 2006 Planning and Zoning Commission meeting. The agenda briefing has been updated to reflect the revised request. City of Cofleyville Page 1 Printed on 6/23/2006 Agenda Briefing Continued UPDATE 6/12/2006 Due to a lack of a quorum at the May 22, 2006 Planning and Zoning Commission meeting, no action was taken on this item and it has been rescheduled for the June 12, 2006 meeting. Public hearing notifications were mailed to property owners within 200 feet regarding the updated public hearing date. Two additional letters of opposition have been received, and copies of these are attached. Staff Review Comments Sage Group, Inc., has submitted a request to change the zoning of 19.78 acres, located in the 1600 block of Sanders Lane. The area to be rezoned is currently zoned AG-Agricultural. The applicant is seeking a zoning change in order to develop the property for 49 single family detached lots and 25 single family attached residential town homes. The subject property consists of several parcels of land and has multiple owners. The developer has obtained the written permission of each property owner to pursue the rezoning request. The properties currently consist of single family homes and undeveloped lots. The properties are not currently 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 designates the subject property along Sanders Lane as future office uses. This rezoning request for residential uses is inconsistent with the 2004-2025 Future Land Use Plan. The developer has provided information regarding the 2004-2025 Future Land Use Plan for this area (see attached Statement of Planning Objectives). The developer states that the eastern portion of Sanders Lane lacks the exposure and adequate access from Colleyville Boulevard to support the expansion of office uses. A residential development of single family attached and detached uses would allow for a transition from the existing single family uses located to the east with the existing office uses along Colleyville Boulevard. Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The proposed development of 74 residential units on this 19.78 acre area will produce a density of 3.7 dwelling units per acre. However, the 1998 and 2004 Colleyville Master Plans both stated that densities higher than 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. Lot Sizes & Widths. The PUDR 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 City of Colleyville Page 2 Printed on 6/2312006 Agenda Briefing Continued minimum lot size and lot width required by the PUDR regulations are intended to apply to subdivisions platted for detached single-family developments. The applicant is proposing a combination of single family detached homes and single family attached town homes. The applicant proposes the following development regulations for the proposed lots: SinQle Familv Attached Lots Lot Size 2,700 Square Feet Lot Depth 90 Feet Lot Width 30 Feet Lot Coverage 90% Setbacks Front 5 Feet Rear 5 Feet or 18 feet for rear facing garages Side 0 Feet Maximum Height 35 Feet SinQle Familv Detached Lots Lot Size 6,608 Square Feet Lot Depth 115 Feet Lot Width 56 Feet Lot Coverage 58% Setbacks Front 15 Feet or 20 feet for front facing garage Rear 15 Feet Side 3 & 7 Feet * Side Along Street 15 Feet Maximum Height 35 Feet * (1 O-foot minimum between structures) Open Space. The PUDR regulations require a minimum of 20 percent of the development be reserved for open space for use by the residents of the development. The proposed development contains numerous open space areas, which are situated at various locations within the development. The proposed site plan for the development shows 22.9 percent of the total development as common open space. In addition to the general common open space areas, the developer has designated a thirty (30) foot buffer as a tree preservation area located along the eastern and southern boundaries of the development and a twenty (20) foot tree preservation area located along the northeastern boundary of the development. The tree preservation easements are designated as common open space areas and are included in the overall open space calculation of 22 percent. The applicant has provided a description of the amenities that will be located in the open space, which will include five (5) foot wide trails, seating areas, and ponds with fountains. The Homeowners Association (HOA) will be responsible for the maintenance of the open space areas, including the tree preservation buffer areas. City of Colleyville Page 3 Printed on 6/23/2006 Agenda Briefing Continued The applicant states that the purpose of the tree preservation area is to supplement the fence buffer between the proposed and existing residential lots, as well as to ensure the protection of existing trees. The tree preservation area will be designated as open space and will not be incorporated into the rear yards of individual lots. Individual lot fences shall not encroach into the easement. The developer has indicated the property deed restrictions will prohibit the removal or damaging of healthy trees that are six (6) caliper inches or greater. Perimeter Fencing. The applicant is proposing three types of perimeter fencing for the development. The lot layout exhibit shows a six (6) foot wooden fence along a portion of the northern boundary line and a portion of the eastern boundary line, adjacent to Lots 22 - 24, Block 1. A six (6) foot masonry wall extends along the eastern portion of the development and along the northern boundary line where it connects to the aforementioned six foot wooden fence. The third type of proposed fencing is a six (6) foot wrought iron fence that extends along the southern boundary line and a portion of the eastern boundary line where it connects to the aforementioned six foot wooden fence. Number of Subdivision Entrances. When a proposed development will contain more than twelve lots, the Land Development Code requires two entrances into a subdivision. The proposed development will contain 74 lots. Primary access to the development will be from Sanders Lane. The intersection of Sanders Lane and SH26 will be realigned with Tinker Road on the west side of SH26 when the highway is reconstructed in the near future. The developer is proposing a 30 foot emergency access right-of-way on the eastern side of the development, which will contain a 24 foot pavement section and an emergency access gate. The gate will contain the appropriate opticom gate opening equipment required by the Colleyville Fire Department to allow access in case of an emergency situation when normal access via Sanders Lane may not be possible. Master Thoroughfare Plan. The Master Thoroughfare Plan shows a future two-lane minor collector roadway extending through this proposed development. However, the proposed development does not show a street connection on the eastern side of the development. The developer is proposing an emergency access easement on the eastern side of the development to provide as a second entrance to the development. Approval of the rezoning request as proposed should be coordinated with an amendment to the Master Thoroughfare Plan, which is a separate agenda item for consideration by the Commission. Surrounding Properties. The surrounding properties consist of a variety of land uses. Properties to the south and east are developed as residential uses. The property to the west, adjacent to Colleyville Boulevard, is developed as office uses. The property to the north is developed as industrial storage uses. Development Trends. The development trends in this area have consisted primarily of single family residential uses. Tree Preservation. According to aerial photos of the site, the property is heavily wooded City of Colleyvilte Page 4 Printed on 6/23/2006 Agenda Briefing Continued with a variety of species of native trees. The developer will be required to provide a tree survey of the site and prepare a tree mitigation plan at the time of lot grading. 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. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed by the Colleyville Engineering Department and determined to be consistent with the requirements of the Colleyville Land Development Code. 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 the proposed development may be a gated/private street subdivision. The developer may propose to gate the development at the time of platting. If gated, and as a condition of plat approval, the developer will be required by Chapter 10 of the Land Development Code to submit the necessary 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. Property Taxes. According to information available from the Tarrant Appraisal District, the 19.78-acre tract is valued at $17,396,134. The estimated City property tax revenue for the property is approximately $60,434 annually. The developer has provided an estimate of $35,000,000 total value when the project is completed, which will generate $121,590 of tax revenue for the City. Public Notification. Staff mailed notices to twenty seven (27) adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Te/egram as required by state law and the Land Development Code. Ten (10) letters in opposition and one letter in support have been received and are 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 residential development. The project is located between existing residential uses and existing office and industrial uses. The proposed development transitions from single family attached lots near the office and industrial uses to single family detached lots near the existing single family developments. The recommendation for approval is based upon what staff feels is a good land use for the site and supportive of economic development for nearby commercial businesses. City of Colleyville Page 5 Printed on 6/23/2006 Agenda Briefing Continued Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 6 Printed on 6/23/2006 Zoning and Location Map D NORTH Future Land Use Plan Surrounding Subject Tract ~ V~ et:t Ocilv po-(.,nt-~ c~~ T~ st"at~ ofP~()bjecrwl!4r The subject of this zoning request is an assemblage of multiple existing parcels totaling about 20 acres, located approximately 600 feet east of ColleyviJIe Blvd., behind the '"Colleyville Shopping Village" and '"Kathleen's Art Cafe" additions, in the City of ColleyviJIe, Texas. The property is located along either- side of the existing Sanders Lane, by which it gains access from Colleyville Blvd. The individual tracts are primarily under separate ownership, most of which contain older residential structures of varying degrees of condition (many poor) and some are unoccupied. Successful re-development of any of these. tracts individually would be a difficult challenge, given the adjacencies. As a result, the development team has patiently worked to assemble all the tracts along Sanders Lane, with the intent to transform the area and improve the whole as a single and cohesive neighborhood of quality homes, built around a core of common open space. The adjacent existing land uses are primarily Commercial, along ColleyviJIe Blvd. to the West and Northwest (Office, undeveloped Commercial and developed Industrial (Self- Storage)), and Residential in the neighborhoods to the East and South (individual homes and the Broughton PUD-R). The subject property lies between these potentially incompatible uses, and development as proposed would help to provide a transition between those uses. The property is currently zoned entirely as AG (Agricultural), and the only existing uses are Residential. The Future Land Use Plan, however, designates this area as '"Office." We believe that the potential for development of this property as Office is low, however, primarily because the lack of exposure to, and good access from, Colleyville Blvd., the only through road in the area. Development as Residential, as proposed here, would also be a more compatible use with the adjacent existing Residential uses to the East and South. Therefore, this zoning request proposes to change the AG zoning to a Residential PUD, for the development of a Single Family Residential Community. This change to Residential uses. would allow this development to be compatible with and provide a transition between the immediately neighboring properties. The layout of the 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, approximately 18.5'0 of the site will be set aside as permanent open space, owned and maintained by the Villas at Oak Pointe Home Owners Assn. In addition, a 20' Tree Preservation Easement is proposed along. the entire perimeter where adjacent to neighboring Residential properties, bringing the total Open Space and Tree Preservation areas to over 22% of the property. The scale and orientation of the development has been designed to provide for and encourage a safe and inviting walking environment, passive recreation opportunities, desirable architecture and a high quality environment compatible with the rest of Colleyville. Primary access will be from a connection with Sanders Lane, leading to the joint Tinker Road/ Sanders Lane intersection, which will be built with the upcoming TXDOT improvements to Colleyville Blvd. Supplemental access is planned to be provided by a gated access easement (emergency access only) to be built to the Sanders Lane/ Wyatt Drive ROW at the Eastern boundary. This has been planned as emergency access in respect of the wishes of the owners of the neighboring properties to the Northeast, who did not wish to have through traffic connecting to and through those areas. VeNelop~S~ The Villas at Oak Pointe is intended to be developed in a single phase, with development commencing as soon as zoning, platting and other necessary approvals are obtained. t~VeNelop~ Inform.at'WJ1I The Villas at Oak Pointe will have a total of 75 homes, with an estimated average value of between $400,000 and $500,000, resulting in an overall addition of approximately $35,000,000 to the city tax base. At the current tax rate of 2.694677%, the total new taxes generated for the city, school district and county would total $ 943,137 per year, as a result of this development. CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE TO FAX FROM May 11,2006 Curtis Young 972.929.1241 Chris Fuller, Development Coordinator SUBJECT Z-06-012 The Villas at Oak Pointe AG to PUDR 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. Provide a written request to amend the Master Thoroughfare Plan in conjunction with this rezoning request. The Master Thoroughfare Plan shows Sanders Lane as an open and uninterrupted roadway. The proposed lot layout and emergency access gate is not in compliance with the Master Thoroughfare Plan. 2. Provide proposed building setbacks for front, rear and side yards. 3. Provide minimum lot sizes for the attached single family and detached single family lots. 4. Provide minimum lot depths and widths for the attached single family and detached single family lots. 5. Provide the maximum lot coverage for the attached single family and detached single family lots. 6. Street names must be approved by the Fire Marshal during the platting process. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 7. Will this be a gated subdivision? If so, gates must have Opticom access and knox key overrides for both Colleyville Boulevard and Milton Drive. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 8. Submit a Preliminary Drainage Analysis to determine the need for drainage facilities. The Preliminary Drainage Analysis shall be prepared in accordance with drainage analysis 100 Main Street- Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITTEE Z-06-012 THE VILLAS AT OAK POINTE AG TO PUDR requirements contained in Chapter 14 - Engineering Design Standards of the Land Development Code. Contact Robert Woods, Project Engineer, 817.503.1094, for more information. 9. Provide the location and construction type of any proposed perimeter fencing. 10. Provide the location and description of any proposed subdivision signs. 11. Provide a written description or plan of amenities to be included in the open space areas, including but not limited to sidewalks, gazebos and pond fountains. 12. Will individual lots incorporate the tree preservation easement area or will the rear fences be located along the tree preservation easement boundary? If the lots incorporate the easement, staff may recommend a condition of the PUDR ordinance that the homeowner's may not remove the trees within the easement area. 13. Retention ponds within the development shall include at least one aeration device per pond, to be maintained by the HOA. 14. Provide the total number of on-street parking stalls provided within the development. 15. Indicate the maximum height of the proposed PUD-R development. 16. Note that unless otherwise proposed by the applicant, all subdivision standards and zoning regulations stated with the Land Development Code will be applicable. 17. Indicate the ability of service vehicles, such as those for solid waste collection, to be able to negotiate the comers of the alleys shown on the site layout. Modification of the alley comers may be required at time of platting. GENERAL INFORMATION 18. If the proposed development is gated, review the entrance gate requirements within Chapter 10 - Private Streets and Entrance Gate of the Land Development Code prior to submitting a plat application. 19. 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. 20. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. A copy of the staff report and proposed ordinance will be PAGE20F4 DEVELOPMENT REVIEW COMMITTEE Z~6~12 THE VILLAS AT OAK POINTE AG TO PUDR available for review not less than 72 hours prior to the Planning and Zoning Commission meeting date. 21. 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. 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 ofthe Land Development Code. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. SIDEWALKS. Sidewalks are required along all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least 4-feet wide. TREE PRESERVATION. Trees not located within the right-of-way must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the dripline of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TREE SURVEY REQUIREMENT. A detailed tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within with right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. Provide a table on the exhibit that lists the size, per caliper inches, and type of trees within the building setback areas within each lot. PAGE30F4 DEVELOPMENT REVIEW COMMITTEE Z-06-012 THE VILLAS AT OAK POINTE AG TO PUDR TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, May 22, 2006, 7:00 p.m. Tuesday, June 20 and July 3, 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 Wednesday, May 31, 2006, in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-503-1054 or fullerc~ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE40F4 MASTER PLANNING LANDSCAPE ARCHITECTURE SITE PLANNING SAGE GROUP IN( 16 MAY 06 Mr. Chris Fuller Development Coordinator CITY OF COLLEYVILLE 100 Main Street Colleyville, TX 76034 RE: Z-06-012- The Villas at Oak Pointe- AG to PUDR Dear Mr. Fuller: In conjunction with the above referenced request for rezoning, we hereby also request to amend the Master Thoroughfare Plan of the City of Colleyville, as it relates to Sanders Lane. Currently, it shows Sanders Lane as a future "Collector" type street, a through road connecting Hwy. 26 with Wyatt Drive to the east of the property in question, and then on to Industrial Blvd. Sanders Lane does not currently make this connection. TEL 9 7 As we are proposing a Residential Development, we do not feel a through-road connection to an Industrial! Commercial area would be beneficial. Also, the road Sanders Lane is intended to connect directly with, Wyatt Road, is nothing more than a single lane gravel road with an insufficient ROW for improvement to a Collector type street. It is flanked by Residential uses (Ross Downs to the East, individual tracts to the West). We discussed with those land owners (and the Ross Downs HOA representatives) their possible interest in seeing Wyatt road expanded, as well as the Sanders Lane connection being made. In both cases we were advised that they did not want to see the expansion and connection made. 9 2 9 8 4 4 3 F A X 9 7 2 9 2 9 In fact, the neighbors have requested no open connection be made at all, and in consideration ofthose requests, our plans include only an emergency access connection at that location. Thanks you for you consideration in this matter. Please call if you have any questions. Thank you, SAGE GROUP, INC. ~tUU~ Curtis w. Youn~~IA~ Principal =r 844S FREEPORT PARKWAY SUITE 660 IRVING. TEXAS 75063 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 Date: 17 MAY 06 From: Curtis Young, AlA Subject: Z-06-012- The Villas at Oak Pointe- AG to PUDR Job No.: HSO 1-00 Message: Please accept the following, in response to the questions posed by the DRC review letter: The Following Comments Require a Response from the Applicant: 1. Provide a written request to amend the Master Thoroughfare Plan in conjunction with this rezoning request. The Master Thoroughfare Plan shows Sanders Lane as an open and uninterrupted roadway. The proposed lot layout and emergency access gate is not in compliance with the Master Thoroughfare Plan. -Please see letter making the request, attached. 2. Provided proposed building setbacks for front, rear and side yards. -Attached Single Family: Front- 5 ' Rear- 3.5' Side- 0' -Detached Single Family: Front- 20' Rear-I5' Side- 7' and 3 ' (IO' minimum between structures) Side along street- 15 ' 3. Provide minimum lot sizes for the attached single family and detached single family lots. -Attached Single Family: 30' x 90' -Detached Single Family: 56' x 118' 4. Provide minimum lot depths and widths for the attached single family and detached single family lots. -Attached Single Family: Minimum lot width- 30 ',- minimum lot depth- 90 '. -Detached Single Family: Minimum lot width- 56 '; minimum lot depth- 118 '. 5. Provide the maximum lot coverage for the attached single family and detached single family lots. -Attached Single Family: Maximum Lot Coverage- 90% -Detached Single Family: Maximum Lot Coverage- 58% 6. Street names must be approved by the Fire Marshal during the platting process. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. We will contact the Fire Marshall. 7. Will this be a gated subdivision? If so, gates must have Opticom access and knox key overrides for both Colleyville Boulevard and Milton Drive. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. At this point, we are testing the market to determine whether we will make a request for this development to be gated. If so, we understand and are prepared to meet these requirements. 8. Submit a Preliminary Drainage Analysis to determine the need for drainage facilities. The Preliminary Drainage Analysis shall be prepared in accordance with drainage analysis requirements contained in Chapter 14 - Engineering Design Standards of the Land Development Code. Contact Robert Woods, Project Engineer, 817-503-1094, for more information. We have submitted a Preliminary Drainage Analysis to Robert Woods and he has indicated his satisfaction with our submittal. 9. Provide the location and construction type of any proposed perimeter fencing. Location type and height of all perimeter fencing has been noted on the revised Zoning Exhibit. We are proposing a 6' wood fence where adjacent to Residential properties, and a 6' Thinwall-type masonry wall where adjacent to Commercial properties. 10. Provide the location and description of any proposed subdivision signs. We are proposing a Monument Sign and Entry Feature be placed along the south side of Sanders Lane, at the project entry from the west. Location is noted on the Zoning Exhibit. 11. Provide a written description or plan of amenities to be included in the open space areas, including but not limited to sidewalks, gazebos and pond fountains. Most of the common open space areas within the project have been specifically located to save and protect as many of the existing significant trees as possible. Those trees will be preserved in afully landscaped setting, and complimented with sidewalks, seating areas, and ponds. All ponds will have fountains. The maintenance of these common open space areas will be the responsibility of the Home Owners Association. 12. Will individual lots incorporate the tree preservation easement area or will the rear fences be located along the tree preservation easement boundary? If the lots incorporate the easement, staff may recommend a condition ofthe PUDR ordinance that the homeowner's may not remove the trees within the easement area. The purpose of the Tree Preservation Easements will be to supplement the fence buffer and provide for a permanent band of trees between the future homes proposed in this submittal and adjacent residential properties; including the two homes at the Northeast corner, and the (as of yet un-built) residential lots in the Broughton subdivision to the East and South. Those easements will be incorporated into the individual lots, and the rear fences will be located along the project boundary. Maintenance of these areas will be the responsibility of the individual Homeowner. However, those homeowners will be prohibited, by Deed Restriction, from removing or damaging any healthy tree within these areas, with a caliper size of 6" or greater. 13. Retention ponds within the development shall include at least one aeration device per pond, to be maintained by the HOA. We agree and will provide such devise. 14. Provide the total number of on-street parking stalls provided within the development. The total number of on-street, inset parking stall provided within the development is 29. 15. Indicate the maximum height of the proposed PUD- R development. 35' 16. Note that unless proposed by the applicant, all subdivision standards and zoning regulations stated with the Land Development Code will be applicable. We understand and agree. 17. Indicate the ability of service vehicles, such as those for solid waste collection, to 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 design of the alleyways has been reviewed with IESI, and they have indicated it complies with the turning requirements of their trucks. Additional Self Storage Lp 7411 Hines PI Ste 100 Dallas, TX 75235 Broughton Ltd Partnership 8222 Douglas Ave Ste 605 Dallas, TX 75225 Cholla Grande Inc 6301 Colleyville Blvd Colleyville, TX 76034 Heidel, Ruth V 1712 Gatehouse Ct Colleyville, TX 76034 Loftin, Stacey B Etux Ronda 6306 Wyatt Dr Colleyville, TX 76034 Neece, Charles 1905 Sanders Ln Colleyville, TX 76034 Realty Capital Colleyville Sq 99 Main St Ste 200 Colleyville, TX 76034 Rohrs, Russel FEtal 17731 Sampson Ln Huntington Beach, CA 92647 List of Property Owners Notified Anderson, Ronald H 1162 Silverlake Dr Grapevine, TX 76051 Cannedy, George Etux Joy M 2428 Brasher Ln Bedford, TX 76021 Colleyville Square ptnrs II 99 Main St Ste 200 Colleyville, TX 76034 Jostes, Charles Scott 6300 Wyatt Dr Colleyville, TX 76034 McPherson, Ronny D Etux Vicky 1501 County Road 1224 Cleburne, TX 76033 Pmt Partners Ix Ltd 1585 Kapiolani Blvd Ste 1218 Honolulu, HI 96814 Rickman, H E Jr 1813 Sanders Ln Colleyville, TX 76034 Smith, Michelle Etvir Kim 1312 Hardisty Rd Bedford, TX 76021 Bass, Gary Etux Brenda 1812 Sanders Ln Colleyville, TX 76034 Capobianco, Ernie PO Box 211626 Bedford, TX 76095 Garabedian, Michael Etux Cindy PO Box 1038 Colleyville, TX 76034 Kac Colleyville Jv 4008 Cochran Heights Ct Dallas, TX 75220 Moore, Bobby Family Ltd prtn 6113 Colleyville Blvd Colleyville, TX 76034 Procaccino, Kevin A & K Denise 3406 Langley Hill Ln Colleyville, TX 76034 Rogers, Kirk A Etux Maria 2001 Reynolds Dr Colleyville, TX 76034 Stilson, Terrence L 1805 Sanders Ln Colleyville, TX 76034 Stowe, Jennie Lou 1612 Sanders Ln Colleyville, TX 76034 Stringer, David W 1701 Sanders Ln Colleyville, TX 76034 Texas Longevity Housing Lp PO Box 211374 Bedford, TX 76095 Ross Downs HOA Michael Muhm, President 6607 Connie Lane Colleyville, TX 76034 Letters in Opposition to the Rezoning Request ~...............,...........-...........-. -. -r--- ---- A Certified Master Builder P.O. Box 1038, Colleyville, Texas 76034-1038 garabedianproperties.com May 17,2006 Colleyville Planning & Zoning Commission Barry LeBaron, Director of Planning 100 Main Street Colleyville, TX 76034 RE: Zoning Case # Z-06-012 Mr. LeBaron: As the owner of Lot 39, Block A, I am writing in opposition to the proposed rezoning of the property at 1600 Sanders Lane as currently submitted. The concern I have is that the change of use and density will put the trees that back to my current property in jeopardy. When we purchased this site, we researched the designated use for the property in question and determined it had been designated for commercial use. That use and that use would require a landscape buffer between adjoining residential properties and the commercial structures. With a residential development of the lot size proposed by the applicant, that buffer would disappear and the trees would be removed as homes are constructed or die as the homes encroach on their root system. Any use of this property that does not preserve the natural buffer of the trees between the existing residential and the proposed development as it would have been required by the current master plan and the commercial zoning designations is something I disagree with. I would hope the developer could develop a plan that would allow for the natural tree buffer to remain and to be protected, maintained and cared for by a Homeowner Association. ~lr to submit my concerns and objection to this zoning case. Michael D Garabedian CMB GMB Garabedian Properties R E CE IV E 0 MAY I 92006 Per ............. Metro 817-748-2669 Mobile 817-637-7245 mike@garabedianproperties.com Fax 817-749-0148 May 17, 2006 Colleyville City Council Colleyville Planning & Zoning Commission c/o Barry LeBaron, Director of Planning 100 Main Street Colleyville,l]{ 76034 Mr. LeBaron: I am writing with regard to the proposed land usage behind Broughton. I am the owner of LOT 40A - which backs up against the proposed development. I am absolutely opposed to the placement of with 75 units on 20 acres behind Broughton as currendy proposed. The current proposal of that land use is not objectionable in general but in particular with respect to destruction of trees and visually encroaching on the space next to Broughton. I request that the zoning be tabled until proponent submits a plan that opponents no longer oppose which (a) preserves 60 feet buffer around the south and east sides of property by not excavating, filling, or crossing through with utilities of any kind, including not excavating, filling, or crossing through in the drip line west of the east buffer and north of the south buffer; (b) create an affumative obligation to establish a maintenance association to undertake preservation of the forested areas by replanting, etc. and hire a consultant who will draft acceptable standards for same to be incorporated into the zoning ordinance. The preservation of trees is highly desirable, won't happen with 75 units on 20 acres, but can be accomplished with plan described above AND set an excellent example for all such developments. I should also state that office use would be as good as or better than what is proposed and could be done in a way that accomplishes the same thing. Please strongly consider the recommendation in this letter as a way to preserve the significant investment and lifestyle the residences of Broughton have made in the city of Colleyville. " RECEIVED MAY 1 9 2006 Per ............. ~ T B R 0 UGH TON May 19, 2006 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Honorable Mayor, City Council, Chainnan and Planning & Zoning Commission: I write in opposition to zoning case Z -06-012. The land use proposed risks neany total loss of one of Colleyville's great assets, a remnant of the andent Eastern Cross Timbers. However, in my judgment, the verge of woods seen from virtually every vantage point outside the property can be saved with modification of the proposed zoning without undennining the economic viability of the proposed development. I also oppose the rezoning because, without concrete and enforceable design, materials, and landscape standards, it risks creation of another nondescript neighborhood of cheaply built houses, the antithesis of sustainability in a community. I also see no justification for the density proposed. I expect it has nothing to do with buyers' lifestyle preferences but with the applicant's high land cost instead. Of themselves, I believe large houses and large lots are of no special aesthetic value to the community. It is the low density historically associated with large houses that matters. Small houses and small lots can be made attractive and contribute to sustainability. But, like diamonds, the setting of small homes is essential to appreciation of their intrinsic qualities. Allow small lots and small houses, if you will, but not such high density. Ouster the small lots and put leftover land into open space, thereby preserving the native forest and the community's often-stated preference for low density. Thank you for considering my views. If you would like me to elaborate, please let me know. Sincerely yours, Broughton Limited Partnership By: Th David sa w II Company, . By: era I partner 8222 DOUGLAS AVENUE, SUITE 605, DAllAS, TEXAS 75225 METRO: 817_540.5500 FAX: 214_368_7740 / - - :c ~ :::- ~ /1 ~ ~ ~ ~ J _c ~~ (~ ~ '" t; '(~ ~~ (",1:) ~ "l. .' ~ 1'1 .S l' , ~ . ~ ; ~ Q ~ ~ . ~ T z o l- ::c v ~ o ~ ~ 10 o '" r o o '" H L .~ '~i~g ~~ g~ H. ~ ~. ~~&~..\l_ .&d BHp~~ P5i:gqi;u~;~ ~ ~ :il<~i'~~~'Ui;~i. ~ ~~~HhHuH,s g 1 ~~~~~E~~~i~; ;1Il.~ -- 'i~ ~~ ., ::: ~~ ~ ~~ .0 00 ~~ ~ ~~ ol 0 ~~ ~~~~'i~~~ i ~UU~~U(.,lU i~!i~~~~ E~~~~~~~ 8ou~~uuu ~gg~~~gg -------- ~ CIlCQCQQ)CQQ)CQCQ " ~l!!~C\i~~~~ 3 -- !3~! ., ill! ::: ~ j~ii g~~~ II 0 (Q(QCQll:l ol " 'O"-COOl 0 ~C\i~t',j i ~ ~, e i' ~ ~ i~ ~ ~ ~ It ... ~ It ~:~ ~ ~: ~,:s!::~ ~'~~~g Q..'U, an ~ a-~~~~ ~~~'\(~~ ~ ~ o.:ltlJ..;1O ():J ~~IIl~ ~~~j;; ~lja~ g ~~ ~ ~~ Cl ;; ~ ~~ -- . ~ ~ ~~ ~~ ~t2~ ~ ~ i~*~ "':i~i Ill<!\; '.. :: ~! =: .5 Ill.if '" '; ~ ~ . m ~~~ -ig i~s ..! .~. ~~a ..t Il::&:i f~n EI~~ :is..:'''; ~1l~1 il~' ~!.~~ U~~~ -- i/jiii ~~~~~~~~.!1i ~~ ~i~~i~ fHififjoetii3~ti 'iii1i~'iiii i 8uI..>888O\.)II.] i UlHJ~1..I ~!ll~~~~g! HHHUf UUU i!~~!!lll~ ~~~~~~~~~~ ".." ~~~~~~ ~i~~~~~~~ ~ qqqqqq'l('I('I("{ Q)QlQlttlQlttlCl:lCl:lttl ~ U1U1U1U1ll:lUl ol ol " ;~;~~~~it5~~ " Sh.I:::!!:l~'!2 3 _f'.lI<)...IIf)'O....lOo. 0 -- :::!i=!l!==l . -. ~ ~ ~g~~ ~~ """ " "" ~~~~ ~ ~ ~~!~~~!I~~~~ ~ ~~~a ~~ ).t~~ ~j~~~j~:~i~~ ......~ 8-~ ........ .. .. " ~~~& ;~ ~~~i~~~~i~;~ g6~~ !Z!~~!Z! ~ "('I("l:oqoq"lq:oqoqq;"l"l ~ ol ol " re~g..,~::::~~~~~~ ~ ~~~~ 0 0 ~ ::~ H h ~~~~~~~ HfUU ~~~~~~~ ~::~:::i "<.!i~ "'d d~ .. ~ iuiHli oq V)<I)<I)i;;II)U)II}i;; ~~~~~~~~ ! q;"'t"l: "'tq: oqq: oq " <::I Q)0l2"",~~:!~ ":~):- f* "'''''''....'''....1 ., u~ii~ii t: <:",,,,ifi<:~~ ~ ~i~n~H 'I( ~~~~S~oo ~~;~~~~i ~ '<lq;'<l'<l'<l'<l"l'il ol ~t:~~~~~~ MAY 20,2006 JERRY BYERLY, CHAIRMAN PLANNING AND ZONING COM. CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 KAC COLLEYVILLE JOINT VENTRE ROBERT ELLINGTON, MG. PARTNER 4424 LOVERS LANE DALLAS, TEXAS 75225 RE: ZONING CASE #Z-06-012 DEAR MR. BYERLY: AS AN ADJACENT PROPERTY OWNER, WE ARE ADAMANTLY OPPOSED TO THE REFERECED PUDR SUBMITTED. WITHOUT THE BENEFIT OF MORE DETAILED INORMATION, OUR TWO MAIN OBJECTIONS ARE: 1. THE PROJECT IS NOT IN ACCORDANCE TO THE CITY'S MASTER THOROUGHFARE PLAN, AND 2. SANDERS LANE IS NOT SHOWN TO BE WIDENED TO A 42-FOOT COLLECTOR STREET AS REPRESENTED TO US BY THE CITY FOR MANY YEARS. ALSO, THE ALIGNMENT OF THE TINKER/SANDERS INTERSECTION WOULD BE AFFECTED. WHILE VISITING WITH SEVERAL CITY DEPARTMENTS LAST MONTH, THE WORD WAS THAT THE LONG RANGE PLAN FOR COLLEYVILLE WAS SET. HOPEFULL Y, THE LONG RAGE PLAN WILL BE ADHERED TO, EXCEPTING MAJOR PHYSICAL OBSTACLES. YOUR CONSIDERATION OF OUR OBJECTIONS IS APPRECIATED. RESPECTFULL Y SUBMITTED, ROBERT G ELLINGTON, MANAGING PARTNER CC: THE MAYOR OF THE CITY OF COLLEYVILLE Zoning PUDR sanders .RiEaJE]^>>tElD> 1MW~21zmIl6 I'Per "'...........ell> J.D. TANNER & ASSOCIATES INSURANCE SERVICES JON DONOVAN TANNER, J.D. DIRECTDIAL817-485-3800EXT.lll E-MAIL JDTANNER@JDTANNERINSURANCE.COM 5017 COLLEYVILLE BLVD. COLLEYVILLE, TX 76034 800-609-1010 BUS 817-485-3800 FAX 817-485-3805 May 22, 2006 Attn: City of Colleyville, TX Mayor David Kelly and City Council Members; Colleyville Planning & Zoning Commission c/o Barry LeBaron, Director of Planning RE: Proposed Rezoning Adjacent to Broughton Subdivision Dear Mayor Kelly, Members of the City Council and Planning & Zoning Commission: I am writing to express my opposition to the proposed rezoning of the land next to the Broughton addition in Colleyville. From my understanding, a zoning application has been submitted, that if approved, will put 75 housing units on less than 20 acres ofland. First of all, as a resident of the Broughton addition I am deeply disturbed by the thought of having such a high- density addition next to my neighborhood. My neighbors and I have put forth a considerable investment in.order to live in Broughton because of the large lots, greenbelts, numerous trees, and superior quality homes. Needless to say, the thought of living next to a large development of tract housing which has been shoe-homed into a tract ofland under 20 acres ofland is nauseating. Moreover, without a doubt the developer will have to destroy almost all of the old-growth hardwood trees on the land. I am deeply troubled by this because of the fact that trees such as these are rapidly disappearing all across the DFW area. I believe the trees are an asset not only to Broughton, but to Colleyville asa community. Even if the developer were to try to save a number of the trees, we alllmow that old-growth trees such as these have a very poor survival rate after being subjected to the stresses of earth moving, and water run-off from the pouring of concrete slabs, streets, sidewalks, etc. In addition, I am concerned that this rezoning will encourage emergency traffic to drive more often through Broughton. This concerns me from the standpoint of increased noise as well as danger to the children of the neighborhood which play in the greenbelts and in front of our homes. Finally, I do not think that rezoning the land as it has been submitted is in the long-term best interest of Colleyville. As a community, Colleyville is the envy of our neighbors due to the lack of tract housing and high density neighborhoods. We need to preserve what has made us unique. Weare at a crucial point where we as a city can shape the future growth of our neighborhoods and commercial development in a way that will add long-term value and desirability to our community. High density housing does not fit into that plan. Hence, I am requesting that the proposed rezoning be tabled until the applicant submits a plan which (a) preserves a buffer of 60 feet by means of platted open space around the south and east sides of the property, and excavating, filling, and crossing through with utilities of any kind and paved pathways be prohibited, including not excavating, filling, or crossing through in the drip line of trees in this buffer; (b) creates an affirmative obligation to establish a maintenance association to undertake preservation of the forested buffer by replanting, etc. and hire a consultant who will draft acceptable standards for same to be incorporated into the zoning ordinance. ~incere~ ~~- onovan Tanner, J.D. President :;::;, Barry LeBaron From: Sent: To: Cc: Subject: Meredith Matlock [meredith@bagwellcompany.com] Friday, May 26, 2006 1 :37 PM Barry LeBaron David Bagwell Rezoning of the land north of Broughton on Sanders Lane Mr. LeBaron, I am writing on behalf of the David Bagwell Company to ask for some information regarding the rezoning of the land north of Broughton on Sanders Lane. We are interested to know if twenty percent of the property owners within two hundred feet have objected to this proposal. If so, we would like a list of these homeowners and their addresses. If not twenty percent, what percentage have opposed it? . . What has the applicant given to the city in writing about saving the native trees in the area? We would like to get a complete file of all that has been submitted by the applicant on this, including the DRC comments. Please fax a copy of this information to our Dallas office at 214-368-7740 and to my office at 601-944-9501. Is the staff recommending approval of the rezoning? We would like a full size copy of the lot plan proposed by the zoning applicant. With respect to the proposal to downgrade the status of Sanders Lane, is a traffic study available that supports the current status of Sanders Lane? Is there a traffic study that supports the change in status of Sanders Lane? If no traffic study supports the current status, what basis was Sanders given its current status and why is it no longer valid? What are the staff's recommendations with respect to Sanders Lane? We would like a copy of the DRC comments relating to this issue. We would like to receive the Staff's written analysis of these two matters that was provided to the P & Z, i.e. The complete summary about the zoning case and Sanders Lane proposed changes given to the P & Z. Is there any economic analysis of the impact of this property if it were garden offices as opposed to garden homes? We would like an up to date copy of the Master Plan of Colleyville that relates to the area being rezoned. Thank you for your help. Sincerely, Meredith Matlock 1 Michael and Elaine Bell 1913 Stratton Court Colleyville, Texas 76034 817-251-9974 June 12, 2006 Colleyville City Council Colleyville Planning & Zoning Commission c/o Barry LeBaron, Director of Planning 100 Main Street, Colleyville, Texas 76034 Dear Council and Mr. LeBaron, I understand there is a zoning application to place 75 housing units on approximately 20 acres of land immediately north of Broughton. I am opposed to the zoning as planned. I will explain why and offer questions in regard to this request below. First, I am concerned that the wooded area bordering Broughton would be destroyed if a broad easement cannot be assured by a city enforceable ordinance to protect and sustain it as an independent ecosystem. It would be beneficial to gather information from an arborist for suggestions. In my opinion, these woods are God given and in fact are the offspring of a forestation known as the Eastern Cross Timbers, which has been in existence for hundreds of years and is diminishing. This is a precious resource for our city, our state and its residents. As a citizen of this area for over 50 years and specifically a resident of Colleyville for 38 years, I have seen natural habitat destroyed time and time again by developmental progression. I am not opposed to growth and understand that it is imminent and necessary; however, I believe it can be done with sensitivity to existing natural resources. If this plan cannot be revised to accommodate these woods, I strictly oppose it in full. It is my belief that the trees can be preserved and development successfully undertaken with proper independent professional advisement and planning. Secondly, I question deviation from Colleyville's Master Plan to develop this land for other than commercial or office utilization. Are their compelling reasons to dismiss recommendations by previous committees? Please note the plurality of "committees", as I believe the Master Plan represents creation and review by multiple previous councils regarding use of this land. I do not pretend to know what represents maximum benefit for the city with this land, but I give credence to our previous planners. Further, it appears that professional office development, as Master Planned would more easily allow protection of this representation of the Eastern Cross Timbers. Thirdly, if the 20 acres is approved for residential use, which, by the way, seems very densely projected, I would like for Planning and Zoning to require and enforce architectural specifications and developmental quality control in such a manner that it would compliment adjacent neighborhoods and thus the city. It would seem to me that a work session involving qualified and interested parties on this project would be to everyone's benefit. Colleyville has an exemplary reputation and has been written about numerous times. One of its greatest sustaining assets is overall architectural appeal. I am sure each of us has driven through a city and formed an opinion based upon architectural ambiance or lack thereof. I submit to you that Colleyville can continue to prosper and develop with balance. A compassion for the preservation and maintenance of our God given resources and sustainable architectural charm will honor Colleyville's legacy for generations. Respectfully, \. ~.t\ _ . _ (")... _ nn #Jt4A4tt!~ ~"-'~ Michael and Elaine Bell C{/)~ ctpUJeaCCi.,no; 6104 ~~~ ~ '6CX 76034 June 12, 2006 Community Development Department Planning and Zoning Commission Mayor and City Council of Colleyville City of Colleyville 100 Main Street Colleyville, TX 76034 RE: Zoning Case Number: Z-06-012 Sage Group, Inc application for 19.78 acres in Abstract 180 out of the J.L. Byas Survey 1600 Block of Sanders Lane Dear Sirs, In response to the Public Hearing Notice, I would like to have my opinion made a part of the public hearing record, as I am unable to appear at the meeting set for June 12, 2006. Being a homeowner in the Broughton Subdivision and living within 200 feet of the proposed development, I am opposed to the plan as established by the Sage Group. There are several issues with the development footprint. There is not enough open space to comply with City standards. The open space can be made more ecologically friendly. Density per acre does not fit with the rules established by the P & Z Commission. And preservation of nature has not come into consideration. I propose the city require a minimum 60' to 70' buffer at subdivision boundaries, in order to preserve the tree line. The development can make a unique greenbelt and park in their neighborhood. Or could the City better benefit having this land be made public access space for City parks. Colleyville land is becoming scarce. We should evaluate what land we have left and make logical decisions for its use. I would like to see the preservation of the trees and nature that have taken hundred of years to mature. Please save the trees for they beautifY our city and make Colleyville a special place for all to enjoy. ~~ Denise Procaccino Kevin Procaccino 6104 Burnham Circle Colleyville, TX 76034 June 12, 2006 Community Development Department Planning and;Zoning Commission Mayor and City Council of Colleyville City of Colleyville 100 Main Street Colleyville, TX 76034 RE: Zoning Case Number: Z-06-0 12 Sage Group, Inc application for 19.78 acres in Abstract 180 out of the J.L. Byas Survey 1600 Block of Sanders Lane Dear Sirs, As a resident of Colleyville and homeowner in Broughton Subdivision, adjacent to the referenced property zoning issue, I would like to voice my disapproval for the above rezoning request. I believe that the property should be held to the same standards set forth by the Colleyville City Master Plan, and be subjected to the same structure of rules, with regards to density requirements. Furthermore, the development doesn't seem to appreciate the foliage and it's obvious attributes to the city. A development of this type would destroy what has taken decades to mature. The city should evaluate this proposal and request a larger amount of green belt and preservation area. Would the developer consider using some of the 19.78 acres for a city park? Thank you for your time and consideration, Sincerely, ~~A Kevin Procaccino Mr. LeBaron, My wife and I live at 1905 Stratton Court in Colleyville, Texas. One of the key things that caused us to buy in Broughton was the trees that surrounded the sub-division. We looked in Whittier Heights and Westmont, but ultimately we liked the location and the proximity to 121 that Broughton offered. My three biggest concerns are: 1. Preservation of the natural resources (trees) 2. Architecture of the proposed houses 3. Width of the buffer zone between us & them It has been brought to our attention that the 20 acres to the north of Broughton is on the selling block and is slated to have 75 homes on that piece of real estate. Broughton represents about 1.5 units of housing per acre which is much better than the normal density of 1.8 units per acre that is supposed to be the maximum in the city of Colleyville. If my math is correct, that will represent almost double the 1.8 unit per acre that is the norm for the city. I also have seen where the city has proposed a 20 foot buffer to the north of Broughton which we do not feel is adequate for our sub-division. I would highly recommend 60' as the buffer to preserve the natural beauty of the trees adjacent to our neighborhood. Also there is no definition of the easement provided. Will it be taken out of private ownership once the new sub-division is completed and put into the HOA ownership? What are the minimum standards for the houses to be bunt there? Wasn't this property set up to be garden offices originally in 2004 on the Master Plan? What happened to that Master Plan? Who is policing it now? Is it the developer? Those are just a few of the questions I have for the city officials at this time. We plan to attend the Planning & Zoning Meeting Monday evening at 7:00 to see how the city plans to address these concerns. Best Regards, Ken & Cathy Addington ChemCal, Inc. 817-913-8039 Letter in Support to the Rezoning Request GREGORY T. ORRELL June 7,2006 City of Colleyville Planning & Zoning Commission Attn: Mr. Byerly 1100 Main Street Colle~e, 1]( 76034 RE: Zoning Change for Villas at Oak Pointe Mr. Byerly: As a resident in the City of Colle~e, I am familiar with the project being built along Sanders Lane. There is a desire by the residents of the area to have high quality villa homes and townhouses built in our area. These upscale single family dwellings on smaller lots will complement the city's larger lot communities. Please know that there is a need for quality single family communities on smaller lots in Colleyville that will allow the residents the choice of diminished lot care while keeping the upscale quality of homes that we expect in the City of Colleyville. Sincerely, ! ,:2~4~J (~l~ Greg Orell 1005 Cle~..t Lake Ct Colle~e, 1]( 75244 (817) 247-9505 1005 CLEAR LAKE COURT' COLLEYVILLE, TX . 75244 PHONE: 817-247-9505 . FAX: 817-503-9272 E-MAIL: GTO@LANCERFS.COM ~.;':~~:;}~:": ":;oO'~oO:" .;,?~..;:; i.:....:;::; . ':~>. ""'~"'oOoOoOoOoO'~'" i;jJJ\:"lit!#,;JM:~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WININ. colleyville. com File Number: File Type: Case Status: Commission Tabled Items Controlling Body: Planning and Zoning Commission Version: 1 Agenda Date: 06/26/06 Requester: Community Agenda No.: 9c Final Action: Development Department File Name: Case G-06-017 - Request by Grapevine-Colleyville Independent School District for a waiver request of the tree mitigation requirements in the Land Development Code for Colleyville Elementary School, located in the 5900 block of Pleasant Run Road Attachments: GCISD Letter Dated 5-18-06. Letter from Landscape Architect Dated 5-19-06 . Letter from Engineer Dated 6-5-06. Elementary School Site - Aerial Photo. Colleyville Elementary Landscape Plan . Tables Showing Tree Removal . Withdrawal Letter dated June 21, 2006 History of Legislative File Version: Date: Acting Body: Action Text: 06/12/06 Planning and Zoning Commission 1 06/26/06 Planning and Zoning Commission Title Case G-06-017 - PUBLIC HEARING - Request by Grapevine-Colleyville Independent School District for a waiver request of the tree mitigation requirements in the Land Development Code for Colleyville Elementary School, located in the 5900 block of Pleasant Run Road Explanation UPDATE This item was tabled by the Commission at the June 12, 2006 meeting to allow the applicant to explore an alternate tree replacement plan. Staff has received a letter from the engineering firm that is representing GCISD in the development of the new elementary school requesting the item be withdrawn from consideration. The letter indicates the GCISD's intention to mitigate the total caliper inches of trees proposed for removal on the subject property and on the adjacent middle school campus. Attached is a copy of the letter of withdrawal dated June 21,2006. BACKGROUND City of Colleyville Page 1 Printed on 6/22/2006 Agenda Briefing Continued Grapevine-Colleyville Independent School District (GCISD) has submitted a request for an appeal of the tree mitigation requirements contained in Chapter 5 of the Land Development Code. Attached is a copy of the requesting letter from GCISD dated May 18, 2006. Also attached is a copy of the letter dated May 19, 2006 from the landscape architect, which further explains the need for relief from the tree mitigation requirements. The property in question is an 11 acre tract located near the northeast corner of the intersection of Bogart Street and Pleasant Run Road. The property is zoned AG-Agricultural, and GCISD intends to construct a new elementary school on the western side of the property near Pleasant Run Road. To accommodate storm-water run off associated with the new elementary school, a detention pond is proposed for the lowest part of the property near the southwest corner of the school site. Due to the natural drainage and dampness through this low area, over the years a significant number of native trees have grown in this low area, but they will have to be removed to allow construction of the detention pond. Attached is a copy of the letter dated June 5, 2006, which has been submitted by the project engineer and explains the rationale for locating the proposed detention pond in the southwest corner of the school site. Attached is a copy of an aerial photo showing the general location of the elementary school site and the location of the proposed detention pond. The aerial photo shows a major grouping of trees in the southwest corner of the school site. The landscape plans for the new elementary school call for the planting of a substantial number of new trees on the site. However, even with the major tree plantings proposed for the school campus, there will be a significant shortage of caliper inches of trees created by the removal of the existing trees in the proposed detention area. Attached is a copy of the proposed landscape plan for the site. Chapter 5 of the Land Development Code establishes criteria for the preservation of trees on developing property. On non-residential properties, trees that are located under the proposed building pads are exempt from replacement. Trees located under parking lots or other paved areas are not exempt from replacement. The Code requires that if a 3-caliper-inch or larger tree is removed, the owner is required to replace the tree on a caliper-inch basis. If the owner cannot physically replace the trees, the owner may pay into the Colleyville Tree Preservation Fund or appeal the replacement requirement to the Planning and Zoning Commission. TREE ANALYSIS Information provided by the applicant's landscape architect indicates a total of 879.5 caliper-inches of trees on the site that will be removed. The attached tables show the disposition of the trees on the site, the new trees proposed for planting and the number of caliper inches deficient, which require mitigation. The analysis shown in the attached Table 3 indicates that 550.5 caliper-inches of trees must either be replaced on site or an equivalent amount paid into the Colleyville Tree City of Colleyvil/e Page 2 Printed on 6/22/2006 Agenda Briefing Continued Preservation Fund. Replacing 550.5 caliper-inches of trees is equivalent to planting 183 additional 3-inch trees or paying $61,105.50 into the Colleyville Tree Preservation fund. There is little room left on the site to plant the additional 550.0 caliper inches of trees. The school campus contains sports fields and open playground areas that would normally provide locations for tree plantings if the development were a typical commercial or office development. GCISD is seeking relief from the tree mitigation requirements of the Land Development Code. The options available for the Commission in this case are: . Approve the tree mitigation request as submitted. This action will waive the mitigation of 550.5 caliper-inches of trees on the site. . Approve the request in part. The Commission may require that a portion of the 550.5 caliper-inches be mitigated, either though a negotiated alternate plan or by payment into the Colleyville Tree Preservation Fund. . Deny the request. The owner would be required to make payments into the Colleyville Tree Preservation Fund based on current ordinances. According to City policy, payments into the Colleyville Tree Preservation Fund include the following costs: the value of the replacement trees, caliper-inch per caliper-inch, as estimated by a licensed nursery; the cost of irrigation for those trees; and a 15% administrative fee. In past cases, owners have paid approximately $111 per caliper-inch, but the actual amount would vary depending upon the estimate of the nursery. Financial Impact There is no financial impact to the City of Colleyville regarding this request Recommendation Denial City of Colleyville Page 3 Printed on 6/22/2006 ~t.-VV"'- . .' Intfepentfent Schoof (Dl:strict May 18, 2006 05] Ira E. Woods Avenue irapevinc. TX 76051 i I City of Colleyville i Attn: Chris Fuller, Development Coordinator I City Hall , 100 Main Street I Colleyville, TX 76034 I I] 7/488-9588 Aetro 81 7/48J -5575 Re: Tree Variance Grapevine Colleyville 1.S.D. (GCISD) . New Elementary School on Pleasant Run I Colleyville, T eXM i Dear .Mr. Fuller, ! This letter is in regards to our submittal of plans and specifications for the construction of a new I Elementary School just west of our existing Colleyville hfiddle School. We are seeking relief from the i landscape ordinance with respect to the mitigation of existing trees for the New Colleyville Elementary i project. The trees that \ve are seeking relief from the ordinance are indicated on the attached plan as i Type "B" trees and ate shown as dashed. The vast majorities of the trees that are being mitigated are ! located within the natural drainage way along Pleasant Run and are being removed due to the required I detention of dlis area. 1 Per our conversation \vit on May 17, 2006, it is our understanding that there is no fee requited for I this application. \Y.! in this matter. If you have any comments, questions or I concerns plcMe feel free to conta.ctme ere at out qffice. Thank you for your help with our project. ISlm1~ Scott Monaghan 0 Director of Facilitv Services , Grapevim>Colleyville Independent School District Gary Rademacher, Huckabee RECEIVED 9. ~ P~f ........*uu DHT No. 504-009 May 19. 2006 City of Colleyville Attn: Barry LeBaron, AICP,Develt>pment Director 100 Main Street Ct>lIeyville, Texas 76034 Reference: New Colleyville Elementary Tree Variance Request Grapevine-Colleyville Independent School District Colleyville, Texas Dear Mr. LeBaron: Thislettetisll"l Tegardtothe plans and specifications submitted for construction of a new elementf\ry school justwest Colleyville Middle School. Weare seeking relief from the landscape ordinance with respect to the mitigation of existing trees for this new school oonstruotion. Those trees that weare seeking relief from the ordInf\nce requirement are indicated on the attached plan as Type "8" trees and shown as dashed lines. Approximately 95% of the total numbers of trees on-site to be mitigated are located within the natural drainage way along Pleasant Run Road and are being removed to accommodate on site detention. On-site detention is a city requirement to control downstream flooding that is common along this watershed. If this site were void of any trees as is typical of agricultural areas, the minimum number of trees required by ordinance for this construction would be 25. The minimum size per ordinance is 3" caliper resulting a minimum of 75 caliper inches overall. The number of trees proposed under the construction, those listed as Type n A" and shown as solid lines on the plans, is 52 at 5" caliper and 23 at 3"caliper. The total proposed planting is 329 caliper inches or better than four times the minimum. Additionally, under the proposed plan. all landscape ordinance requirements such as the overall landscape area, street frontage area and street frontage trees are double the minimum required. In summary, approximately 95% of the trees to be mitigated are a result of on-site detention requirement. Perl1apssome existing trees in the detention area could survive but with the required.grading, they would still needto be mitigated. However, for the detention area to perform as required,a. solid stand of turf is essential. If trees are permitted to remain or if new trees are planted in the detention corridor, the potential of a solid stand of turf will be difficult to maintain without significant resources. Open sunlight on the detention area is critical to maintaining a solid stand of turf. 1RtCE~VEO f}1l N f(} 601 W. Harwood Road. Hurst, Texas 76054-3161 Offi~.c: 817.423.1142-Fax: 811A~.1147 {:Par ',.......~I'Il,' ,ill:,~;.f!<c...d' Total compliance with mitigation requirements will significantly increase the overall project cost beyond what might have been incurred if on-site detention was not an issue. At current tree prices and when combined with the costs of on-site detention work, the increased cost will reduce the amount of physical plant or academic facilities that could otherwise be provided. We appreciate your assistance in this matter. If you have any comments, questions or concerns, please feel free to contact me at our offices. Thank you for your help with this public improvement project. Sincerely, Duffy Hamilton Thomas,LLP. ( F'') ~\ ' '\" \( ~ Oliver Windham. ASLA Author's Initia1sfTypist's Initials 504,009 _Letter _ BLeBarron._ 06-051 9 _. mal-doc Enclosure cc: GCISD -. Scott Monaghan Huckabee Associates - Doug Benson Huckabee Associates - Gary Rademacher City of Golleyville - Chris Fuller RECEIVED MAY :;, ~ Per h._..._..... June 5,2006 Mickey Thomas, P .E. Principal Duffy Hamilton Thomas, LLP 60 I Harwood Road Hurst, Texas 76054 RE: GCISD - New Colleyville Elementary School CAI Project No, 316.4601 Dear Mr. Thomas: We are providing this letter to clarify the need for the proposed drainage in"lprovements to assist in the evaluation of the landSCape variance application associated with this project. The project site is located atthc downstream end of a large drainage area. In existing conditions, runoff generated from areas to the north, east. and west of the subject property is conveyed via overland sheet flow. channels, and culverts to an existing drainage channel located at the southwest corner of the property. From that point, drainage is conveyed under Bogart Road via existing culverts. Based on our drainage analysis, the existing roadside channel along Pleasant Run Road needed to be improved, and based on discussions with Mr. Robert Woods,P.E. ofthe City of ColleyviHe engineering department, on site detention was necessary to limit runoff under developed conditions to existing levels. The flood plain study prepared by Halff Associates for this area was also reviewed for consistency with the analysis performed for this project. Due to the natural topography of the site. the channel improvements and the detention pond had to be located at the eastern side of the property to be effective. Sincerely, Elias G. addad, P .E., Engineering Manager _-""..,.__.._<'m""'..''''.,....u__.,....,_,__.._..____.~.~.,,'"'''''''''''''~.,'''''''''''',.........-.~_...._-_.<.".._~.._---~------~" 3103 Bee Cavc Su its 202 . -reXi\\ ! Alku.. 1m:. . 19 TeL (5J2) 327.2946' Fax: (5J2) 327-2973' w\vw Elementary School Site - Aerial Photo --(~ t.a,~ ,,. ~>t) II:~. :&1 !1 -Xl Q~0 .~ "i1i\\ \I~ m! (}~'ij~ ~!~g ~.~,~,~ ,).;Q:z;,' ~,~~~ ::>.."'. ';0. t.~ ~li~ i~~~ ~;~~ ,_?; :s ~~ i ~~ \1: ~~~ ? ~~ ~ ~~ ~~ ~ ~i ~~' ~ $~ :t~ .' ~") 4~ ~ ,. '>' ~_. ./ _/...-1' .j--..../.../_J ..,/'J.~.JJIj,jJ I /..../-/;.../J-J '\' - _*_..._.._,-----r'..--1r- ~ , -,---,-- & ~> ,.......""'""i... 'r- Tables Showing Tree Removal, Replacement and Deficiency Table 1 Trees Removed due to Grade Changes or Flatwork Tree Type Quantity Caliper Inch Removed Totals Mesquite 2 8.0 Bois de arc 2 38.0 American elm 59 645.0 Pecan 3 36.0 Willow 1 6.0 Hackberry 5 46.0 Post Oak 6 88.0 Toothache 2 12.5 Total 80 879.5 Table 2 Trees to be Planted Tree Type Proposed Replacement Trees 35 @ 5" = 175" 10 5" = 50" 7 5" = 35" 23 3" = 69" 329" Red Oak Live Oak Bur Oak Pistachio Total Table 3 Tree Mitigation Requirements Total caliper -inches to be removed 879.5 Total replacement caliper-inches 329.0 Remaining caliper-inches to mitigate or replace 550.5 ....~ DUFFY . HAMILTON T....... .HOMAS,. LLP ........ . ..--..........-,-.---.........-_..,..,......, "..,.-----....,._e_"," ....._,.._._._......_.__.,......._,_c E~.~rine", June 21,2006 City of Oolle.yviUe OityHall 100Main$treet CQl1eyville. TX 760$4 Attention: Mf.Barry Le.Baron;DevelopmehfDkector Reference: NeW.COlleY\fm~ Elemehtary.LatldSOape TreeVatiatlce (jraJ~evihe"'Cc;>neyvillelhgependenrSchool District Colleyville. . Texas DHTN6.504;.009,,01 Dear Mr: LeBaron: Tfle Grapevine,Golleyvillelndepetl'defit . Sdh 001 Disfrict . hasdeCidedtorespectflluy. . withoraw .the. r~quest.f(;)r the.1C;irldsccaPe tree. mit1g~ti6n variance. qn. the. NewCoUeyviUe Stementary.SChQol site, We are now cornbiningboth the neweJementaryandthe existitlgmiddle schoc)lsites to receive a shared cteditfotex1sting preseliied trees from bothsJteshW~ win be replacihg the total caliper inches.as. req lJiredby the ordinance based on' the combined site area, Respectfully, Pre.sld 60fW; HalWoOdRoad Horst. Texas 76()54"~161 Tel:.a17.423.114~.Fax:817.423-t147