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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-8/14/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com e '1..,X:\~ Meeting Agenda Monday, August 14, 2006 7:00 PM City Council Chambers Plannin~ and Zonin~ Commission c. l..,;~'" City of Colleyville Meeti ng Agenda Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, August 14,2006 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 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 Commisssioner McCormick 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES July 24, 2006 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a Case P-06-037 - Approval of a Final Plat for Lots 1-124, Blocks 1-7 of the Heritage Oaks Addition on 22.7 acres located in the northwest quadrant of Glade Road and Heritage Avenue 8. PUBLIC HEARING AGENDA ITEMS 8a Case Z-06-017 - PUBLIC HEARING - Request for a zoning change from CC1-Village Retail to PUDR-Planned Unit Development Residential on Lots 1 and 2, Block 1 of the Garden Addition located at 5503 and 5505 City of Colleyville Page 1 Printed on 8/10/2006 Planning and Zoning Commission Meeting Agenda August 14, 2006 Pleasant Run Road 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 10. COMMISSIONERS' COMMENTS AND REPORTS 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, August 10,2006. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 8/10/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com f01.(' ~ City Council Minutes - Draft Monday, July 24, 2006 7:00 PM City Council Chambers Plannin~ and Zoninq Commission City of Colleyville Minutes - Draft Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, July 24, 2006 7:00 PM City Council Chambers 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on July 24, 2006, at 7:00 P.M. 2. ROLL CALL Present: Commissioners Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy, Jeff Byerly Absent: Commissioner Robert McCormick 3. INVOCATION The invocation was given by Commissioner Duffy. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Bartkowski moved to approve the July 10,2006 meeting minutes as written. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None City of Colleyville Page 1 Printed on 7/25/2006 Planning and Zoning Commission Minutes - Draft July 24, 2006 7. REGULAR AGENDA ITEMS 7a Case P-06-038 - Approval of a Preliminary Plat for Lots 1-8, Block 1, Lots 1-8, Block 2, Lots 1-9, Block 3, Lots 1-7, Block 4 of the Lavaca Trail Estates Addition on 20.09 acres located at 909 and 1009 Lavaca Trail and 908 L.D. Lockett Road Commissioner Byerly explained to the audience and the Commission that this item is related to the tabled agenda item 9a. Commissioner Byerly moved to remove case Z-06-016 from the tabled item to be discussed with case P-06-038. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick Chris Fuller presented case P-06-038 and Z-06-016 and briefed the Commissioners. He stated a separate vote would be needed for each case. Commissioner Duffy questioned staff regarding if the Commission could discuss both cases at the same time? City Attorney replied both can be heard at the same time, however, a separate vote will be needed for both cases. The zoning case will need a vote first. Commissioner Duffy stated having several questions regarding the preliminary plat. He questioned staff regarding if the access lots on the cul-de-sac will require a waiver? Chris Fuller replied they will not need a waiver because the developer has agreed to add the street stub to the east for future connectivity and to eliminate cul-de-sac in excess of 12 lots. Commissioner Duffy questioned staff regarding if the off site drainage easement minimum of 15-feet wide has been met? Chris Fuller replied this requirement will be met at the final plat stages, not during the preliminary plat. Commissioner Duffy stated the final plat will not be seen unless the drainage easement is met. Chris Fuller replied correct. Barry LeBaron discussed the reason why that requirement will be met at the final plat. It would not be right to make a developer buy those off site easements if the preliminary plat did not get approved. Commissioner Duffy questioned what is the city's position on opening gated communities? Fire Marshal McKeown replied this access gate will have a 24 wide easement with a 14 foot vertical clearance. This access gate can be locked with pins in the ground with a Knox pad lock on it. This requires having the key in hand to manually open the gate. This development can meet the code by doing the gate this way, however, he stated having asked the developer to install a controlled access gate. A controlled access gate has an electric meter with a Knox box override and a battery back-up in case of a power outage. Commissioner Duffy questioned Fire Marshal McKeown if the developer has agreed to do so? Fire Marshal McKeown replied they have agreed to do so verbally. Commissioner Duffy questioned if this will be written on the final plat? Fire Marshal McKeown replied he would like for them to do so. Commissioner Duffy questioned the City Attorney regarding if those specific requirements could be put on the final plat? City Attorney replied there could not be any City of Colleyville Page 2 Printed on 7/25/2006 Planning and Zoning Commission Minutes - Draft July 24, 2006 specific requirements if the plat meets the code. Commissioner Duffy questioned staff regarding at what time does the City have enforcement over the builders or developers regarding the tree preservation? Chris Fuller replied the developer has provided a tree survey and typically at the time of lot grading, the developer is required to do the mitigation or preservation of the trees before the home builders take over the lots. Commissioner Duffy questioned staff regarding if the City could go to several people regarding the violation of tree preservation, if any has taken place? Chris Fuller replied correct. Commissioner Duffy stated not having seen a homeowner's agreement regarding the open space areas in a R20 zoning area only in PUDs. How will this function in this development for the open areas? Who will be responsible if the ponds go fowl? Chris Fuller replied if a Homeowner's Association is not indicated on the plat, someone wi/l own that open space lot and will pay taxes on that lot and that person or entity will be notified in violation. Commissioner Duffy stated wanting the open areas to be maintained by someone and put on the plat as to who will be responsible. Commissioner Duffy questioned City Engineer Robert Woods regarding the placement of the detention ponds? Engineer Woods replied the detention ponds have been placed throughout the eastern property line of the development by using a closed pipe system Engineer Woods replied there would not be an increase in the water flow than what is already in place. Dan Bryson, the developer, presented the case and briefed the Commissioners. He stated the Emerald Park Addition developer has approved of the preliminary plat being presented here tonight and he has provided the Commission with a letter of support. Commissioner Byerly questioned Mr. Bryson regarding if the Opticom gate wi/l be installed? Mr. Bryson replied being willing to put what ever the Fire Marshal wants in place. Commissioner Duffy questioned Mr. Bryson regarding when will the homeowner's association be put in place? Mr. Bryson replied immediately, after the zoning and plats are approved. Commissioner Duffy questioned Mr. Bryson regarding the 65,000 pound weight accommodation in the two areas? Mr. Bryson replied his Engineer has not stated this being an issue. Commissioner Byerly moved to approve case P-06-038. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick 8. PUBLIC HEARING AGENDA ITEMS 8a Case P-06-036 - PUBLIC HEARING - Approval of a Final Plat on Lot A-1 and A-2, Block 3 of the Highland Acres Addition being a replat of Lot A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South Chris Fuller presented the case and briefed the Commissioners. Page 3 Printed on 7/25/2006 City of Colteyville Planning and Zoning Commission Minutes - Draft July 24, 2006 Commissioner Duffy questioned staff regarding the inconsistencies of the layout of the charts. The 30 foot set back along Bransford Road for this property is not consistent with the Mormon Church across the street. He questioned if the right of way was not dedicated? Chris Fuller replied correct. Commissioner Duffy stated since the survey has been done on Bransford and the right of way is reasonable, it appears that Timberline South has a 50 foot set back now and the applicant is asking for 30 feet, why not the 50 foot to make it line up with that neighborhood? Barry LeBaron replied that set back is not required in that zoning district. He stated not knowing why those homes have a 50 foot set back for that zoning district. City Attorney stated the applicant is only required to comply with the zoning district requirements. Commissioner Duffy replied understanding what the code requires, however, he stated wanting to ask the applicant if the 50 foot set back would work for him. Commissioner Byerly opened the public hearing at 7:45 P.M. The applicant was not present to answer the Commissioner's questions. There being no one wishing to speak, the public hearing was closed at 7:45 P.M. Barry LeBaron explained to the Commissioners regarding the unique area for the set backs that are in place. Commissioner Byerly questioned if this plat will need to be approved by the City Council? Barry LeBaron replied no, this is a minor plat having less than four lots. Commissioner Duffy moved to approve case P-06-036. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick 9. TABLED AGENDA ITEMS 9a 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, Slock 1 of the W.C. Newton Addition This item was removed from the table during the discussion of the agenda item 7a, case P-06-038. Commissioner Duffy stated this R20 zoning area will be the only lower density area east of the Emerald Park Addition. This will maintain the master plan. Commissioner Byerly moved to approve case Z-06-016. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 - Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Absent: 1 - McCormick City of Colleyville Page 4 Printed on 7/25/2006 Planning and Zoning Commission Minutes - Draft July 24, 2006 10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Barry LeBaron stated to the Commission that staff has been working on updating the Land Use Tables in Chapter 3 of the Land Development Code. He stated a workshop will be scheduled at some time in August. He stated Amy Shelley will get with all of you to determine when a time would work for everyone. He reminded everyone regarding the Planning Workshop on July 31, 2006. He stated letting Amy Shelley know if you wish to attend by tomorrow so that the reservations can be made. Commissioner Duffy questioned staff regarding who enforces the land uses? Barry LeBaron replied the Code Enforcement officer enforces the land uses and initially when a building permit is submitted, the land use is looked upon to see if they can build that particular building. Second, when using an existing structure, usually the certificate of occupancy will trigger the checking of the land use for the business. Commissioner Duffy questioned staff regarding what if a rental property is being used for a business? Barry LeBaron stated the certificate of occupancy again triggers the checking of the land use, but if a certificate is not issued, only would some one reporting a possible violation trigger the land use. 11. COMMISSIONERS' COMMENTS AND REPORTS 12. ADJOURNMENT: There being no further business before the Planning and Zoning Commission, Commissioner Byerly moved to adjourn at 7:35 P.M. Approved by acclamation. I hereby certify the above agenda was posted on the bulletin boards at City Hall on July 20, 2006 by 5:00 PM. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 5 Printed on 7/25/2006 e.d~~:s,. QJ'~~~ > ~ .rC1J~.\.... City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Controlling Body: Planning and Zoning Commission Version: Agenda Date: 08/14/2006 Requester: Community Agenda No.: 7a Final Action: Development Department File Name: Case P-06-037 - Approval of a Final Plat for Lots 1-124, Blocks 1-7 of the Heritage Oaks Addition on 22.7 acres located in the northwest quadrant of Glade Road and Heritage Avenue Attachments: Location and Zoning Map . Development Review Committee Memo . Applicant's Response to the Development Review Committee Memo History of Legislative File Version: Date: Acting Body: 08/14/2006 Planning and Zoning Commission Title Case P-06-037 - Approval of a Final Plat for Lots 1-124, Blocks 1-7 of the Heritage Oaks Addition on 22.7 acres located in the northwest quadrant of Glade Road and Heritage Avenue Explanation STAFF REVIEW COMMENTS Mady Development Corporation is the owner and developer of a 22.9 acre tract located near the northwest corner of the intersection of Glade Road and Heritage Avenue. The developer has submitted a final plat, which will subdivide the property into 124 residential lots for the construction of single-family attached townhomes. In a townhome development, each dwelling unit is situated on its own platted lot to allow for individual ownership. An individual town home is a part of a larger building that contains three or more attached townhome dwelling units. City Council approved the preliminary plat for this development at the June 6, 2006, City Council meeting. The applicant has submitted the final plat for review and consideration by the Planning and Zoning Commission. The final plat will also require the approval of the City Council, since the plat contains more than four lots. The following is an analysis of the issues associated with this final plat. City of Colleyville Page 1 Printed on 8/10/2006 Agenda Briefing Continued Zoning. The proposed plat area is zoned PUDR - Planned Unit Development Residential. The PUDR zoning was approved by City Council on March 21, 2006 with the approval of Ordinance 0-06-1567, which contains several development standards. The preliminary plat has been reviewed with the standards of the Land Development Code and the standards contained in the PUDR ordinance for this development. The minimum lot size required in this PUDR is 2,700 square feet. All of the lots satisfy this requirement. The development is required by the PUDR ordinance to provide a minimum of 25% common open space. The proposed preliminary plat provides 32.5% open space or the equivalent of 7.39 acres. Sidewalks and Trails. The 2005 Colleyville Pathways Plan requires a 10 foot-wide trail along the north side of Glade Road. The developer will construct the applicable sections of trail as a part of the public improvements for this development. The developer plans to include a trail connection from the internal portion of the development to the Glade Road trail section. There is an existing 10 foot-wide trail along the western side of Heritage Avenue, which extends across the frontage of this development. Additionally, the developer will be providing internal sidewalks to the development for each lot. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least four feet wide. Drainage Improvements. The applicant has submitted construction plans for the drainage improvements for the development, which have been reviewed and accepted by the Engineering Department. The Drainage Plan indicates that the development will utilize on-site detention to accommodate stormwater related to this development. Perimeter Street Improvement Requirements. Perimeter street improvements are required for Glade Road. The developer is dedicating additional right-of-way along Glade Road and is required to construct a portion of the street to current standards or escrow a cash equivalent, as determined by the Engineering Department. The perimeter street improvement fee is based on the projected roadway impact of the proposed development and the amount of frontage along a public roadway. Perimeter street improvements are not required for the frontage adjacent to Heritage Avenue since it is considered an improved street and currently meets design standards. Gated Development. The proposed development is designed to be a gated addition with private roads fronting each of the townhome lots. The internal streets are designated as private roads. The plat contains the required notation stating the Homeowner's Association (HOA) is responsible for the on-going maintenance of the private roads. The applicant has submitted the required HOA documents, which have been reviewed by staff and forwarded to the City Attorney to ensure that they conform to applicable City policies prior to being filed with the County Clerk's office. Tree Survey and Replacement Requirements. Aerial photos of the site show considerable tree coverage on this property, although a significant number of trees have died from standing water associated with the existing pond on the property. The developer has conducted an extensive tree survey of the site and has prepared a significant tree City of Colleyvil/e Page 2 Printed on 8/10/2006 Agenda Briefing Continued study. The street layout and arrangement of lots on the final plat have been configured purposely to preserve the significant trees on the property. Upon approval of the final plat and prior to any site grading, the developer will submit a tree replacement plan for the non-exempt trees that are scheduled for removal. Parkland Dedication Fees. The developer has acknowledged that parkland dedication fees are due at the time of approval of the final plat. The fees for non-residential uses are $1,802 per residential lot. SUMMARY The developer has addressed all Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code and the special requirements of PUDR Ordinance 0-06-1567. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 8/10/2006 a. lIS :i m c 'c o N " c lIS c o ;; lIS U o .... o <:( o <:( o <:( CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE June 27, 2006 TO Curtis Young FAX NO 972.929.1241 FROM Chris Fuller, Development Coordinator SUBJECT P-06-037 Heritage Oaks - final plat The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. In Your Response Letter, Acknowledge the Following Information: 1. NFP A 13 R fire protection systems will be required for each unit. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 2. NFP A 72 addressable fire alarm systems will be required for each unit. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 3. Emergency access gates shall have Opticom that operate from both directions with knox lock and battery back-up. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 4. Units that have attached garages each unit needs a CO detector supervised by the fire alarm system. Contact Rob McKeown, Fire Marshall, 817-251-8757, for more information. 5. Remove notes 5 and 6 from the plat document. All public utility lines will need to be located and shown in dedicated easements, not in blanket easements as indicated in notes 5 and 6. Contact Robert Woods, 817.503.1094, Engineering Department, for more information. 6. Add a note to the plat document stating that all drainage facilities will be privately maintained. Contact Robert Woods, 817.503.1094, Engineering Department, for more information. 7. Provide Separate Instrument documents to be filed with the plat. This document will address all abandomnents as indicated on the final plat document. Contact Robert Woods, 817.503.1094, Engineering Department, for more information. 100 Main Street, Colleyville, Texas 76034-817.503.1050 DEVELOPMENT REVIEW COMMITTEE P-06-037 HERITAGE OAKS PUBLIC WORKS IMPROVEMENTS. The City of Colleyville Engineering Department will provide construction plans comments for public works improvements separately. Please coordinate directly with Robert Woods, Engineering Department, 817.503.1094, regarding construction plans comments. PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat. Perimeter street improvements are required for Glade Road. 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. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. SIDEWALKS AND TRAILS. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Glade Road. The Pathways Plan requires a 10-foot wide trail along Glade Road. The developer is required to construct the trail as part of the public improvements for this property. There is an existing sidewalk located on this site along Heritage Avenue. The developer will be responsible for replacing and/or repairing the sidewalks, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. 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, upon application 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. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-06-037 HERITAGE OAKS 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 constmction or other arrangements provided for by a City-Developer Agreement. SEWER $1,962 per dwelling unit for SINGU; FAMILY RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, July 10,2006,7:00 p.m. Tuesday, August 1,2006,7:30 p.m. Please submit the following to our offices: . A written letter addressing each comment stating the comment has been addressed or stating reasons why the requirement should be modified or waived; 12 full size copies of the revised exhibit and one reduced copy (8.5 X 11). . The above requested items must be submitted no later than noon on Wednesday, May 3,2006, in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting lmtil all items are submitted. Please contact me at fullerc@ci.colleyville.tx.us or 817.503.1054 if you have any questions. PAGE 3 OF 3 Engineering I Surveying I Planning I Landscape Architecture i Construction Management Applicant"s Response to the DRe Memo B Jones & Boyd, Inc. July 12, 2006 City of Colleyville Attn: Mr. Chris Fuller 100 Main Street Colleyville, TX 76034 RE: Heritage Oaks. Townhomes DRC Comments - Final Plat - P.06-037 JBl Project No. MDY 016 Dear Chris: On behalf ofMDC - Heritage Oaks Estates, Ltd., this letter is in response to DRC comments dated June 27, 2006. A copy of the comment letter is attached to your reference along with revised copies of the final plat. Our responses to numbered comments are as follows: l) This comment and our response is the same as with the preliminary plat. Requirements for this system were clarified to be a "wet" system which would include a double check assembly installed in a water closet and an FDC connection for each building (group of units). This will be done. 2) This comment and our response is the same as with the preliminary plat. Requirements were clarified that all smoke detector, sprinkler and C02 detectors shall be tied into the alann systems. This will be done. 3) This comment and our response is the same as with the preliminary plat. All three access gates will have Opticom systems with knox lock and battery backups. The Heritage Oaks Drive connection to Glade Road is strictly for emergency access only. This Opticom will be set up to operate as entry only from either direction on Glade Road. 4) As indicated in comment response number 2 above, all units having attached garages shall have a C02 detector tied to the fire alann system. This will be done. 5) General notes number 5 has been revised to only include Block 6, Lot CA-I. Note number 6 (previous fonnat) has been removed from the plat. Instead, the portions of the common area lots in front of the town home units have 3601 N.E, Loop 820 Suile 102 Fl. Worth. TX 76137 817.847.8444 tel 817.847.9974 fax www.jones-boyd.com July 12,2006 Mr. Chris Fuller Page 2 of3 been identified as utility easements. The town home units are 30' wide. Water and sewer services are separated by a minimum of 10' and must each be contained in a 15' wide easement. Some service locations have been further coordinated in an effort to preserve some of the existing trees across the site. Therefore, nearly all of the common area fronting the buildings needs to be a utility easement. 6) A note has been added to the plat stating that all drainage facilities will be dedicated to and maintained by the home owner's association. 7) MDC - Heritage Oaks Estates' attorney is currently working on preparing quit-claim documents for the two easements denoted to be abandoned by separate instrument. A copy of these documents will be forwarded to the City for review as soon as they have been completed. Once these documents have been executed and filed, those two easements will be removed from the plat and will not show up on the copy that is filed of record. Public Works Improvements: We have received our plan review comments from Robert Woods and are currently working to address those comments. Perimeter Street Improvements: This comment and response is the same as with the preliminary plat. We will coordinate directly with Robert Woods, P.E. regarding the required perimeter street improvements and associated fees. We understand that these fees are due upon approval of the final plat. We also understand that the fees required for these perimeter street improvements will be credited against our roadway impact fees. Our property frontage along Glade Road is 200.81 feet and our only street connection is restricted to emergency access as an entrance only. We still need to be informed about the amount of these fees and how they are calculated. Parkland Dedication Fees: This comment and response is the same as with the preliminary plat. We understand that park fees in the amount of $1,802 per lot will be assessed at the time of approval of the final plat. There are 124 lots being platted with Heritage Oaks. Therefore, park fees will total $223,448.00. F \Projl!:cls\MDYO 16\Word\cor.2006-01.II.jmw.Colleyvillc.fuller-do~ July 12, 2006 Mr. Chris Fuller Page 3 of3 Sidewalks and Trails: This comment and response is the same as with the preliminary plat. A note has been added to the preliminary plat stating that the hike and bike trail along Glade Road will be constructed within the right-of-way. Additionally, any damage during construction to the existing sidewalk along Heritage A venue will be repaired or replaced prior to final acceptance. Sidewalks fronting the town homes will be installed by the builders. All sidewalks will be a minimum of 4 feet wide. Tree Preservation and Tree Survey Requirement: We have included a detailed tree survey and mitigation plan in accordance with Colleyville's tree ordinance. We are working with staff on the approval of this document. Protective fencing will be utilized for the preservation of all existing trees planned to be saved, Because of the dense tree cover existing in certain areas of the site planned for development, some tree clearing is planned to occur prior to beginning construction of the site. All clearing will be in accordance with our submitted tree plans. Impact Fees: This comment and response is the same as with the preliminary plat. We acknowledge the current amount of the impact fees as listed. We understand that these fees are payable at the time of building permit. Please find attached with this response letter, the requested number of revised final plats. We look forward to being on the agenda for the July 24,2006 Planning and Zoning Commission meeting. Please call if you have any questions. Sincerely, Attachments Cc: Robert Woods, P.E. - City of Colley vi lie Engineering Department Rob McKeown - City of Colleyville Fire Marshall Bruce Scasta - MDC - Heritage Oaks Estates, Ltd, F \PnJJccl,\MDYO 16\Word\cor-2006.01.) \.jrnw-Colleyville.ful1er doc <;!!ty,r a~ ,,\.1;\ ~ . iF;i:,: 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: Agenda Date: 08/14/2006 Requester: Community Agenda No.: 8a Final Action: Development Department File Name: Case Z-06-017 - PUBLIC HEARING -Request for a zoning change from CC1-Village Retail to PUDR-Planned Unit Development Residential on Lots 1 and 2, Block 1 of the Garden Addition located at 5503 and 5505 Pleasant Run Road Attachments: Location and Zoning Map . List of Property Owners Notified . DRC Memo . Applicant's Response. Statement of Planning Objectives . Zoning Concept Plan . Exterior Elevations . Open Space Exhibit. Draft Ordinance History of Legislative File Version: Date: Acting Body: 08/14/2006 Planning and Zoning Commission Title Case Z-06-017 - PUBLIC HEARING - Request for a zoning change from CC1-Village Retail to PUDR-Planned Unit Development Residential on Lots 1 and 2, Block 1 of the Garden Addition located at 5503 and 5505 Pleasant Run Road Explanation STAFF REVIEW COMMENTS Dowdey, Anderson and Associates has submitted a request to change the zoning of 4.496 acres, located on the southeast corner of Pleasant Run Road and Church Street. The property is currently zoned CC1-Village Retail. The applicant is seeking a zoning change in order to develop the property for 33 single-family-attached residential town homes. The property contains two abandoned structures, the shell of the former Pleasant Run school building and a tin metal building. The property is 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. This rezoning request is not consistent with the 2004-2025 Future Land Use City of Colleyville Page 1 Printed on 8/11/2006 Agenda Briefing Continued Plan. The Colleyville Plan designates the subject property for future commercial uses. The developer has provided a statement of planning objectives, attached to this agenda briefing, which describe the merits of the proposed development in order to justify the proposed land use designation. Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The proposed development of 33 residential units on this 4.496 acre property will produce a density of 7.34 dwelling units per acre. The proposed residential density is higher than other approved town home developments within the city. The Spring Garden development contains 45 dwelling units on 6.6 acres for a residential density of 6.7 dwelling units per acre. The recently approved Heritage Oaks town home development contains 124 dwelling units on 22.9 acres for a residential density of 5.5 dwelling units per acre. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet with a minimum lot depth of 120 feet and a minimum lot width of 100 feet. However, there is a working standard that the 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 single-family-attached town home development that includes lot dimensions that are not specifically addressed in the PUDR regulations. The developer has provided information regarding lot sizes, lot widths and lot depths, which have been included in the PUDR ordinance as development standards. The proposed minimum lot size is 1,700 square feet with a minimum lot width of 30 feet and minimum lot depth of 55 feet. The following is a comparison of lot dimensions for the proposed and approved town home developments within the City of Colleyville: Proposed Colleyville Commons Minimum Lot Size: 1,700 square feet Minimum Lot Width: 30 feet Minimum Lot Depth: 55 feet Heritage Oaks Minimum Lot Size: 2,700 square feet Minimum Lot Width: 30 feet Minimum Lot Depth: 90 feet Spring Gardens Minimum Lot Size: 2,412 square feet Minimum Lot Width: 36 feet Minimum Lot Depth: 70 feet Open Space. The PUDR regulations require a minimum 20% of the development be reserved for open space for use by the residents of the development. The proposed development contains one large open space area, which is situated in the floodplain on the City of Colleyville Page 2 Printed on 8/11/2006 Agenda Briefing Continued east side of the development. The developer proposes to construct a sidewalk within the open space. The proposed site plan for the development also proposes a common area lot that will contain an amenity center. The amenity center will include a pool, pool deck, cabana, outdoor cooking facilities and a structure for mechanical equipment. The developer may include restrooms, changing rooms and a jacuzzi, though these amenities are not required per the ordinance. The amenity lot will include landscaping and will be secured with decorative metal fencing. Sidewalks and Trails. The 2005 Colleyville Pathways Plan requires a 10 foot-wide trail along the south side of Church Street. The developer will construct the applicable sections of trail as a part of the public improvements for this development. Additionally, the developer will be providing internal sidewalks to the development for each lot. Surrounding Properties. The surrounding properties primarily consist of residential and institutional uses. There are single family detached residential uses located to the east and west of the proposed development. There are churches located to the north and south of the site. Development Trends. The development trends in this area have consisted of residential and institutional uses. Tree Preservation. According to aerial photos of the site, the property has pockets of heavily wooded areas. The developer will be required to conduct a tree survey of the site and prepare a significant tree study. At time of p-Iatting, a tree replacement plan may be necessary for the non-exempt trees proposed for removal. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage and Stormwater Runoff. The property is adjacent to the Pleasant Run Creek and has a designated Zone X shaded floodplain area located within the eastern portion of the proposed development. The applicant has requested a waiver from the detention requirements in order to discharge the storm water run-off into the creek prior to the arrival of the upstream discharge. The applicant has submitted a preliminary drainage analysis that has been reviewed and accepted by the Engineering Department in accordance with the regulations within the Land Development Code. A detailed flood study will be required during the platting process prior to final plat approval. Gated/Private Street Development. The developer has indicated that the proposed development will be a gated/private street subdivision with the primary entrance to the development located on Church Street. At time of platting, the developer is required by Chapter 10 of the Land Development Code to submit the necessary Homeowner's Association (HOA) documents for review by the City. The HOA documents must indicate that the streets and drainage systems within the development are private, owned and maintained by the HOA, and that the City has no obligation to maintain the private streets and drainage systems. All HOA documents will be reviewed and approved by the City City of Colleyville Page 3 Printed on 8/11/2006 Agenda Briefing Continued Attorney to ensure conformity to applicable City policies prior to the plat being filed with the County Clerk's office. The plat document will designate the private road as a lot and a note will be provided on the plat stating the HOA is responsible for construction and maintenance of the private road. The developer has acknowledged these requirements and has indicated that the documents will be submitted to the City at time of platting. Access. The development will have primary access from Church Street. A second access is located on Pleasant Run Road, but will be gated and used for emergency access only. The emergency access will be fitted with a Fire Department approved opticom system. Screening. The developer is proposing to construct a six foot in height masonry perimeter fence along the northern, western and southern property lines. The fence will consist of a combination of stone and brick, with decorative columns spaced at 50 foot intervals. Along the eastern property line, the developer proposes to have the option of constructing a minimum five foot in height decorative metal fence or to leave the area open to the creek. As currently drafted, the PUDR ordinance does not require the developer to construct the fence along the eastern property line. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. 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 33 lot development would add approximately 316 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 14 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. Staff has not received any correspondence regarding the rezoning request. SUMMARY While the proposed rezoning request is not compliant with the 2004-2025 Future Land Use Plan, staff feels the location of the development is suitable for high density residential development. The distance of the project site from Colleyville Boulevard is not conducive to retail development and there is currently one commercial business located along Pleasant Run Road. The addition of 33 new households, generated by the proposed project, will help support the retail and other commercial businesses located in the Town Center development and The Village at Colleyville. The residential nature of the project is also compatible with the existing residential, and institutional uses as well as the Pleasant Run Road school campus that is located to the north. The recommendation for approval is based upon what staff feels is a good land use for the site, which will also provide support for the economic development of nearby commercial businesses. Financial Impact It has been determined that there is no financial impact. City of Colleyville Page 4 Printed on 8/11/2006 Agenda Briefing Continued Recommendation Approval City of Colleyvifle Page 5 Printed on 8/11/2006 Location and Zoning Map 5609 5601 1008 1008 1008 AG 1007 1109 AG 812 814 816 R-20 Z-06-017 First Baptist Ch Colleyville 5300 Colleyville Blvd Colleyville, TX 76034 Hubbard, Valerie 4723 Meandering Way Colleyville, TX 76034 Roeming, Branton F Etux Karen 805 Thomas St Colleyville, TX 76034 Laurel Oaks HOA Mark Scovic, President 809 Laurel Oaks Lane Colleyville, TX 76034 List of Property Owners Notified Colleyville Church Of Christ 1008 Church St Colleyville, TX 76034 First United Meth Colleyville 5601 Pleasant Run Rd Colleyville, TX 76034 H E C Inc 2000 Greenwood Dr South lake, TX 76092 Warner, Richard 0 Etux Regina 5404 Pleasant Run Rd Colleyville, TX 76034 Hidden Oaks Estates HOA Randy Johnson, President 5606 Hidden Oaks Dr Colleyville, TX 76034 Crandall, Bruce Etux Caren 5412 Pleasant Run Rd Colleyville, TX 76034 Hales, Clifton 0 PO Box 338 Colleyville, TX 76034 Prokop, Michelle 5408 Pleasant Run Rd Colleyville, TX 76034 Burgin, Joe 0 Etux Patsy PO Box 142 Colleyville, TX 76034 Dowdey, Anderson & Associates/ Mardy Brown, Applicant 5225 Village Creek Drive, Suite 200 Piano, TX 75093 CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE June 28,2006 TO Mardy Brown (Dowdey, Anderson & Assoc) FAX 972.931.9538 FROM Chris Fuller, Development Coordinator SUBJECT Z-06-017 Colleyville Commons CCl to PUD-R The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit for your Special Use Permit request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: 1. The staff report to the Planning and Zoning Commission and City Council regarding this zoning change will include a proposed ordinance containing suggested conditions applicable to this type of development. 2. Development requirements not specifically cited by the applicant shall be required to meet the PUD-R zoning regulations and development standards as stated within the Land Development Code. Provide information on any special development standards requested by the developer for inclusion in the PUD-R ordinance. 3. Provide a drainage analysis. Contact Robert Woods, 817.503.1 094, Project Engineer, for more information. 4. Provide the location of the sanitary sewer line. Contact Robert Woods, 817.503.1094, Project Engineer, for more information. 5. The Future Land Use Plan shows this area as future retail uses. Provide justification as to why the Master Plan should be modified for residential use. 6. Comer turning radii should be designed for a 30-foot inside radius. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 7. The buildings will need a NFP A 13 R fire protection system requiring separate permit and plan review. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 100 Main Street - Colleyville, Texas 76034 - 817.503.1050 DEVELOPMENT REVIEW COMMITIEE Z-06-017 COLLEYVILLE COMMONS CC1 TO PUD-R 8. The building will require a NFP A 72 fire alarm system requiring a separate permit and plan review. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 9. Additional on-site fire hydrants will be required. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 10. Access gates require Opticom sensors with knox locks and battery backups. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 11. Provide proposed street names for the development. Street names and addresses must be approved by the Fire Marshal prior to platting. Contact Rob McKeown, 817.488.6277, Fire Marshall, for more information. 12. Provide the total number of on-street parking stalls provided within the development. 13. Indicate proposed refuse collection services. Will the development utilize cart service or dumpster service? 14. Note that unless otherwise proposed by the applicant, all subdivision standards and zoning regulations stated with the Land Development Code be applicable. 15. Indicate the ability of service vehicles, such as those for solid waste collection, to negotiate the comers of the alleys shown on the site layout. Modification of the alley corners may be required at time of platting. 16. It appears that Lots B, C and D will be rear entry garage units, accessed by the alleyways. Is this correct? 17. Will other exterior elevations be utilized in addition to the exhibit provided with the rezoning request? 18. Provide a detail of the gated entry to ensure compliance with the Land Development Code. Refer to Chapter 10 Private Streets and Entrance Gate of the Land Development Code for more information. 19. Comer clips may be required for alley access on Lots 1 and 9, Block B; Lots I and 9, Block C; and Lots 1 and 10, Block D. Contact Robert Woods, 817.503.1094, Project Engineer, for more information. 20. Additional right-of-way will be required along Church Street. Church Street is designated as a Major Collector on the Master Thoroughfare Plan, which requires 80-feet of right- of- way. Contact Robert Woods, 817.503.1094, Project Engineer, for more information. 21. Additional right-of-way will be required along Pleasant Run Road. Pleasant Run Road is designated as a Minor Arterial on the Master Thoroughfare Plan, which requires 95-feet of PAGE20F4 DEVELOPMENT REVIEW COMMITTEE Z.o6.o17 COLLEYVlLLE COMMONS CC1 TO PUD-R right-of-way. Contact Robert Woods, 817.503.1094, Project Engineer, for more information 22. A 20-foot public access easement will be required along Church Street to accommodate the lO-foot hike and bike trail. 23. With regard to the aforementioned development review comments, a revised zoning concept plan may be required for staff review prior to scheduling this item for a public hearing. Contact Chris Fuller, 817.503.1054, Development Coordinator, for more information. The Following Comments are Informational and Do Not Require a Response: 24. During the construction phases of the development, construction vehicles will not be permitted to block the designated Fire Lane. 25. Review the entrance gate requirements within Chapter 10 Private Streets and Entrance Gate of the Land Development Code prior to submitting a plat application. 26. At the time of Preliminary Plat application a gated access fee will be required to defray the cost of processing the application, and maintaining City owned electronic emergency equipment. An application fee of $700 shall be paid prior to scheduling the application for public hearing. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the property. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. ROADWAY $1,568 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 l-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot. SIDEWALKS AND TRAILS. This property is subject to the provision of the Colleyville Pathways Plan, which requires construction of hike and bike facilities along Church Street. The Pathways Plan requires a 10-foot wide trail along the south side of Church Street. The developer is required to construct the trail as part of the public improvements for this property. Four (4)-foot wide sidewalks are required along all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. PAGE30F4 DEVELOPMENT REVIEW COMMITTEE Z-06-017 COLLEYVILLE COMMONS CC1 TO PUD.R 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. 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. · Exhibits and documents as requested. The above requested items must be submitted and reviewed in order to determine a public hearing schedule. 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 fullerccw.ci.collevville.tx.us if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE PAGE 4 oF4 ~ _~DOWDEY, ANDERSON & ASSOCIATES, INC. CIVil ENGINEERS m 5 Village Creek Drive, Suite 200 Piano, Texas 7\093 Phone 972-931.0&94 fax 9n93J.9B8 MEMO To: Mr. Chris Fuller From: Mardy Brown Date: 07/17/06 Re: Colleyville Commons Mr. Chris Fuller City of Colleyville Development Coordinator RE: Case No. Z-06-017-H Colleyville Commons Dcvelopment Review Committee Comments Dear Mr. Fuller: [n response to the comments concerning the Colleyville Commons addition, Dowdey, Anderson and Associates is submitting the following responses and revised plans fix your review and discussion: (The following headings and comments are in the order they were listed on the original comments letter from the Staff stipulations and recommendations) I. Zoning ordinance change noted 2. We have noted on thc cxhibit that any conditions not particularly addressed by the exhibit or the ordinance will default to city standards. We have provided stipulations in a typed word document. 3. We have provided a drainage area cxhibit and also a lettcr requesting a waiver to the detention requirements. 4. We have located in the field the sewer location and shown it on the plan as well as the easement though they are not in the same place and is so noted on the exhibit. 5. We provided a written description of the project that extols the reasons for this project over the Master Plan recommendations. 6. Corner turning radii have been enlarged to 30' as recommended. 7. We recognize the fire protection system requirements and have noted it on the plan. X:\PrOjeCls 1.DD'1JOO23'dOCsIREBUTfALdoc 8. We recognize the fire protection system requirements and have noted it on the plan. 9. We recognize the fire hydrant location requirements and have noted it on the plan. 10. Access gate requirements are noted on the plan. 11. Street names at this point are just A through 0 corresponding to the adjacent block. Street names will be provided for Preliminary Platting for approval by the Fire Marshal. 12. On street parking is eurb side as on any publilc street except in front of the front entry lots on the nOIth. There is no need for designated parking with a full 31' back to back street section. 13. Poly Cart refuse pickup will be utilized and a dashed line and turning radius is depicted on the southern Private Alley Access Easement to show that there is adequate room for operation. 14. Note that all standards default to city standards noted on the exhibit. 15. A dashed line and turning radius is depicted on the southern Private Alley Access Easement to show that there is adequate room tor operation and all other radii are to city standards 16. Correct, Blocks B, C, and 0 are alley served garages. 17. We will provide an alternative building elevation for the front 5 front entry products if required. They are consistent architecturally to the exhibits provided. 18. Gated detai I both noted to city standards on the exhibit and an enlarged detail provided. 19. Corner clips noted on the exhibit. 20. Additional right-of-way has been added to the exhibit as requested. 21. Additional right-of-way has been added to the exhibit as requested. 22. Oue to existing constraints and the size of this property and the fact that we can provide the trail within the enlarged right of ways we respectfully request to be allowed to provide the trails within the proposed enlarged right of way. 23. We are providing revised copies for consideration. Please review the above responses and if you have any questions or comments, please contact me at 972-931-0694 or mbrown@daa-civi1.com S;;J ~ Mardr;!.own Seniot Planner . Page 2 Colleyville Commons Statement of Plannin2 Obiectives This document is meant to accompany the CoHeyville Commons conceptual plan submitted to the City of Colleyville on 6/16/2006. The tract is currently zoned for CC-l. It is our desire to rezone the property to the PUD-R development designation. The conceptual plan depicts the proposed layout for the town home development. This property will be purchased by the builder and developed in accordance to their high standards. The proposal is for thirty three individually owned town homes with private streets in a gated community. The common open spaces, landscape areas and amenity center will be owned and maintained by a mandatory Home Owners Association. There has been an extensive area set aside for tree preservation and landscaping to enhance the existing and proposed roadways. 'l'he landscaping will include lush front yard areas with individual walks to each unit. A street tree program will add enjoyment and enhance the pedestrian circulation patterns on the sidewalks throughout the project. The open space area on the east side of the project will be maintained in a natural state to both buffer the adjacent property and maintain the strong history Colleyville has of protecting it's heritage trees. This area may include a low impact nature walk along its western side. The Amenity Center will provide a gathering location for the owners and will include a pool wi cool decking, cabana, BBQ facility and mechanical equipment structure. It may include restrooms, change rooms and Jacuzzi. The entire area will be secured with decorative metal fencing and highly landscaped. 'l'he perimeter screening wall will be a minimum of a six foot, full masonry stmcture on the north, south and west. It will be a combination of stone and brick with decorative columns every 50 feet. The eastern side may have a minimum 5' decorative metal fencing or may be left open to the creek. RECEIVED JUNI ~; PAr _.______....._ The town home units may be either front or rear served for parking. The units will have steep pitched roofs and accented with dormers and stone chimneys. The garage doors will be wood clad and in keeping with any exterior wood treatment. The structures themselves will be 100% masonry with a combination or stone and brick. up to 10% of the trim may be wood. The units shall be a minimum of 1750 s.f. and have a minimum of two car garages. (see attached elevations) We visualize an enhanced enclave that provides a product that is under served in Colleyville in an environmentally sensitive package for the community. RECEIVED ,HIi'! '; n_.... Colleyville Commons Development Schedule This document is meant to accompany the Colleyville Commons conceptual plan submitted to the City of Colleyville on 6/16/06. It is ollr belief that the project will commence immediately. Immediately after Zoning we will begin preliminary and final plat design for the residential tract. Marketing will begin for the individual residential units and a site plan produced. On site remediation and removal of the existing structures will begin after approval of the site plan. Wc anticipate the rcsidentiallots being delivered in 12 months and construction of the residential units commenced. rI'he over projcct should be built out in 2-3 years. RECEIVED JUN 1 Par .......,..... Colleyville Commons Economic Development Data This document is meant to accompany the Colleyville Commons conceptual plan submitted to the City ofColleyville on 6/16/2006. It is an approximation, not a guarantee of revenue. As proposed the tract will develop out as 33 single family attached town home units. Each unit will be constructed on a fee simple lot owned by the individual town home owners. 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LOONEY SURVEY, A-937, FROM THE CC1-VILLAGE RETAIL DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning change was filed by Dowdey, Anderson and Associates on June 16,2006, under Case No. Z-06-017; 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 designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and 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, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-06-xxxx Page 2 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on a 4.496 acre parcel of land situated in the N. Looney Survey, Abstract 937, from the CC1-Village Retail zoning district to the PUDR-Planned Unit Development Residential zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for single-family attached town home residential development, constructed at a maximum density of 7.34 dwelling units per acre. b. A maximum of 33 dwelling units shall be allowed within this PUDR and no more than one dwelling unit shall be allowed per each platted lot. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family attached-homes with no more than one dwelling unit allowed per each platted lot Ordinance 0-06-xxxx Page 3 of 5 b. An amenity center c. Open space 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line 1,700 square feet 30 feet 55 feet 5 feet with 20 feet to garage door none; 5 feet if adjacent to street 10 feet; none if served by alley 2 stories or 45 feet 1,750 square feet f. Rear Building Line g. Maximum Height h. Minimum Unit Size 5. OPEN SPACE a. This development shall provide not less than twenty (20) percent common open space, which shall generally be configured as shown on Exhibit "D". All open space areas shall be landscaped and maintained by the Homeowner's Association. 6. SCREENING a. Along the northern, western and southern property lines, there shall be a minimum six (6) foot in height masonry perimeter fence. The materials to be used shall be a combination of stone and brick. There shall be decorative columns consisting of similar materials located every 50 feet. b. Along the eastern property line, the developer shall have the option of constructing a minimum five (5) foot in height decorative metal fence or leaving the area open to the creek. c. A decorative metal fence will be erected around the open space lot that contains the amenity center prior to the installation of the swimming pool. Sec. 5. Ordinance 0-06-xxxx Page 4 of 5 7. SIDEWALKS AND PATHWAYS a. The developer shall construct a ten (10) foot wide trail where this development fronts Church Street. Said trail shall be situated within a trail right-of-way. Said trail shall be constructed in accordance with the requirements of the Colleyville Land Development Code. b. Sidewalks shall be constructed adjacent to street frontages by each homebuilder. Sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. c. The developer shall construct a four (4) foot curvilinear sidewalk in the open space prior to the release of building permits. 8. PRIVATE STREETS a. This development may be developed as a gated community with private streets in accordance with Chapter 10 of the Colleyville Land Development Code. b. Access gates will shall be equipped with opticon sensors and knox locks with battery backups. 9. OTHER a. The exterior of all buildings will be similar to Exhibit "E" that is attached to this ordinance. b. The roofline of all buildings will be architecturally similar to Exhibit "E" and will include modulated rooflines and wall articulations on both sides of the buildings. c. The amenity center will include a pool, pool deck, cabana, outdoor cooking facilities and a structure to screen all mechanical equipment. All amenities and structures will be owned and maintained by the Home Owner's Association. d. On street parking shall not be permitted along the street adjacent to Lots 1-5, Block A, located adjacent to the open space amenity lot. e. Blocks B, C and D shall have rear entry garages accessed by the private alley easement. 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. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance Q-06-xxxx Page 5 of 5 THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of day of The second reading and public hearing being conducted on the 2006. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A - Zoning and Location Map 5609 5601 100810081 008 AG 1007 1109 AG 812 814 816 R-20 Exhibit B - Metes and Bounds Description LEGAL DESCRIPTION 4.496 ACRES BEING a tract of land located in the N. LOONEY SURVEY, ABSTRACT NO. 937, City of Co lIeyv i lie, 'ratTanl County, Texas and being nil of Lot 1 & 2, Block I of GARDEN ADDITION, an Addition to the City ofCollcyvHlc, TamUlt County, Texas according to the Plut thereof recorded in Cabinet A, Slide 3587, Plut Records, Tarrant COllnty, Tcxas and heing more particularly described as I(JlImvs: COMMENCING al a boll found ill the Easll'ighl-of-way line of l)lcasnnt Run Road, a variable width right-of-way, at the Northwest corner of LOT 1, BLOCK 1 of II. E.C. ADDITION, an Addil ion to Ihe City of Collcyvillc, Tarrant COllllty, Texas according 10 the Plat thereof recorded in Volume 38S-200, Page 30, Plat Records, Tarrant County, Texas; THE.Ne..: South 89 degrec,~ 53 minutes 01 seconds East, along said East right.ol~way linG, a distance of 15.00 fect 10 a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set at the POINT OF BEGINNING of the tract orland herein described; THENCE North, continuing along said East right-or.way line, a distance of 402.44 reet to a PK nail set fi)I' COl'nt~r at the intersection of said East right-of-\.vay line with the South right-or-way line of Church Strcd, a 50 toot right.of.way, said point being at the Northwest corner of said L,ot 2~ TlmN('E North 89 (legreeI' 23 minutes 47 seconds East, along said South right-ol~way line, a distance of 48 t .84 fed to a 1/2 inch iron rod \vith a yello\". plastic cnp stamped "D1\/\" wt ..lllhe Northeast cornel' of said Lot 2 and the Northwest corner 01'1..01 I of JOHN WL.I. WRIGHT SUBDIVISION, an Addition 10 the City ofCollcyvil1e, 'l'arrant County, Texas acc(wding to lhl~ Plat thereof recorded in Volume 388-131, Page 26, Plat Records, Tarrant County, Texas from \vhich ,1 I" iron pipe found bears North 0 1 degrees 19 minutes 1 0 set;onds East. 2,89 fcct; TflENCI!: South t){} degrees 19 minutes 10 seconds East, a distance 01'408.50 feet to a 1/2 ineh iron rod with a yellow plastic cap slamped "DAA" set at the Southensl corner of said Lot 2 and the S()llthw(\~1 corner of a tract of land dcs(~ribcd in Deed to First Baptist Church Co lleyviHe, n.'corded in Document No, 202096S0 I, Dc<;d Records, Tarrant County, Texas; THENCI~ North 89 degrees 53 minutes 0 I seconds We,s!, H distlInce of 484,09 feet to the POINT 01" BEGINNING and containing 4.496 .\eres of land, more or less, ~ Exhibit C -Conceptual Site Plan t I t , IK I ~ I~ . ~l . .-- ~.) ..~==p. .. r. .. ,. ~ 1 ~ 11111111 Ill!1111 1 1iHi'.i · ~~.lmH! = I,i" '~ii I.'" 'I 1'1 Iii 111" I III IlU Exhibit D -Open Space and Screening Plan Exhibit E - Exterior Elevations 18 o u ~