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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-4/13/2009City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~niinnni nnllainiillo nnrrl ~;isti`, tit e... ~- j l,. f~•~~~~ Meeting Agenda Monday, April 13, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ~~~ ~~ City of Colleyville ~~~ ~ ~~~~~~ "~ Meeting Agenda ,..,.,. Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, April 13, 2009 6:15 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 DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Phelps 4. 5 PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES March 23, 2009 6. 7. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA REGULAR AGENDA ITEMS 7a Reconsideration of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block 1 of the Janice Estates Addition located at 1708 Oak Knoll Dr., Case GC09-003 7b Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 City of Colleyville Page 1 Printed on 4/8/2009 Planning and Zoning Commission Meeting Agenda April 13, 2009 7c Approval of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 4, Block 3 of the Fairway Addition located at 6606 Herbert Rd., Case GC09-004 7d Approval of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block E of the Old Grove Addition located at 7109 John McCain Rd., Case GC09-005 8. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, April 9, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 4/8/2009 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 ~A/IA/IA/ n~lh~niilln n~rs~ ~.,~Sy_:. ~ ti ~~ 1~.ti`"- Minutes -Draft Monday, March 23, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ~~ "~~~ n~ City of Colleyville ~`' Minutes -Draft -::. Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, March 23, 2009 6:15 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 DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on March 23, 2009 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Michael Clardy Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt, Jennifer Fadden and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Rotthaus. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the February 23, 2009 meeting minutes as written. Commissioner Knox seconded. City of Colleyville Page 1 Printed on 3/25/2009 Planning and Zoning Commission Minutes -Draft March 23, 2009 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1, Block 1 of the Janice Estates Addition located at 1708 Oak Knoll Dr., Case GC-09-003 Justin Bass presented the case and briefed the Commissioners. Commissioner Byerly moved to deny case GC-09-003. Commissioner Dudziak seconded. Commissioner Phelps questioned staff regarding how long has this sidewalk requirement been in place for this neighborhood? Justin Bass replied the new plans were approved last November. Commissioner Phelps questioned staff regarding the time frame for the sidewalks to be built according to the new plans or will those plans be determined on an as needed basis; years, months or undetermined? Ron Ruthven replied there are no plans at this time to construct a sidewalk along Oak Knoll, in terms of any capital improvements plans within the near future. However, any escrow paid on this property would allow those monies to be used elsewhere within the neighborhood district. He stated typically, a new sidewalk would have to be constructed where a new home is constructed, regardless on the subdivision. Commissioner Phelps concurred with staff, however, he stated to staff that a line has been drawn on this map and he questioned rather or not a new sidewalk would really happen in this area? Ron Ruthven replied the recommendations for the supplemental sidewalk map were formulated by the Sidewalk and Trails Committee over a period of years. He stated anything on the supplemental sidewalk map, for the future, are possibilities depending on funding for those projects. Commissioner Redfearn questioned staff regarding if the construction of the home is complete or not? Ron Ruthven replied nearing completion, within the next several weeks. Commissioner Redfearn questioned staff regarding this issue would City of Colleyvil/e Page 2 Printed on 3/25/2009 Planning and Zoning Commission Minutes -Draft March 23, 2009 have to be resolved at the time of completion of the home? Ron Ruthven replied yes, they would be required to escrow for the sidewalk or construct the sidewalk prior to the issuance of the final inspection. 7b Commissioner Redfearn questioned staff regarding if these funds had been escrowed at the beginning of construction, how would they have been notified of the possible refund, as stated in this ordinance? Ron Ruthven replied they could have appealed the refund request to city staff and had staff denied the request, they would have had to appeal that decision to City Council. Commissioner Phelps stated to staff the adjacent property owners will not have this issue, unless they decide to rebuild. Ron Ruthven concurred. Commissioner Phelps stated the reality of actually having a sidewalk in front of this house is slim. Ron Ruthven concurred, the property owner would pay into escrow instead of constructing. Commissioner Phelps stated this waiver makes sense for this neighborhood. Commissioner Byerly stated that is why this ordinance is in place, so that those escrowed monies could be spent within the neighborhood district. Commissioner Phelps agreed, except that funds will have to accrue for this street. Ron Ruthven concurred, except that before the escrowed monies would have been locked into place for the property for which it was paid for, not the neighborhood district. Commissioner Redfearn questioned staff what determines whether or not the property owner pays to escrow or builds the sidewalk? Ron Ruthven replied it would be at the property owners discretion. The motion to deny carried by the following vote: Aye: 4 -Knox, Dudziak, Redfearn, Byerly Nay: 2 - Rotthaus, Phelps Absent: 1 -Clardy Approval of an amended plat of Lots 6 and 7, Block 1 of the Vanguard Estates Addition located at 7109 Vanguard Court, Case PC09-004 Justin Bass presented the case and briefed the Commissioners. Charles Hooks Jr., applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned staff regarding why the 5 1/2 feet is being requested for the side setback as opposed to acquiring a full 10 feet to bring this lot into compliance with the side setback? Justin Bass City of Colleyville Page 3 Printed on 3/25/2009 Planning and Zoning Commission Minutes -Draft March 23, 2009 replied there is an existing retaining wall and additionally the adjcent property owner has a pool. He stated if the setback is moved any further, it would encroach on the pool. Commissioner Redfearn questioned staff regarding where they, the property owners, thought the property line was? Mr. Hooks came forward to reply and stated the property owners never realized the property line was in the wrong place. He stated not knowing where they thought the property line was located. Commissioner Phelps stated the new home was built on the property line as opposed to the setback. Mr. Hooks concurred. Commissioner Phelps questioned Mr. Hooks regarding if there is an issue out there, an extra iron marker, that may need to be removed? Mr. Hooks replied the developer made errors in the beginning for lots 5-7. He stated the original surveyor of the subdivision violated State laws by developing the subdivision, having the plat approved and filing the plat without having ever set one iron pin out there. He explained to the Commissioners how they determined the lot lines and then determined the need to amend the plat to correct, or help correct, the property lines between lots 6 and 7. Commissioner Dudziak questioned Mr. Hooks, for clarification, the original surveyor did not put out any iron markers for the lots? Mr. Hooks replied correct. He stated he did went through about 12 lots and did not find one pin for the original surveyor. Commissioner Phelps questioned Mr. Hooks regarding if the other lots are surveyed correctly? Mr. Hooks replied not really knowing of any other issues. Commissioner Rotthaus questioned Mr. Hooks regarding if the southern most property line for lot 7, is it correct? Mr. Hooks replied now it is, the whole lot has been positioned and he is paying for any mistakes that have been made with regards to fences, sprinkler systems and driveways. Commissioner Phelps moved to approve case PC09-004. Commissioner Rotthaus seconded. Commissioner Dudziak stated it being disturbing that a plat is incorrect, did the city make this mistake, could this have been caught before hand. City Attorney Kallas replied this issue is not directly related to the motion. He stated you may want to discuss your concern with staff. Commissioner Dudziak questioned if the plat is legal, can the Commission take action on this plat? City Attorney Kallas replied the City of Colleyville Page 4 Printed on 3/25/2009 Planning and Zoning Commission Minutes -Draft March 23, 2009 motion being made is legal and can be voted on tonight. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 8. ADJOURNMENT The meeting adjourned at 7:27 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, March 19, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 5 Printed on 3/25/2009 , ~ City of Colleyville 100 M i St t a n ree Colleyville, Texas 76034 ~~~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 04/13/2009 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Reconsideration of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block 1 of the Janice Estates Addition located at 1708 Oak Knoll Dr., Case GC09-003 Attachments: Location and Zoning Map Applicant's Request Supplemental Sidewalk System Map Sidewalk Escrow Neighborhood Map History of Legislative File Version: Date: Acting Body: Action Text: 1 03/23/2009 Planning and Zoning Commission 1 04/13/2009 Planning and Zoning Commission Title Reconsideration of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block 1 of the Janice Estates Addition located at 1708 Oak Knoll Dr., Case GC09-003 Explanation This item is being reconsidered because the applicant missed the previous meeting as a result of a courtesy notification discrepancy. John and Danielle Arnett are requesting a waiver to the construction of a new sidewalk and the recommendation of escrow payment in lieu of construction requirements in the amount of $3,730.00 for sidewalks for the new home located at 1708 Oak Knoll Drive. Summary. The newly constructed single family home triggered the sidewalk requirement. According to the Supplemental Sidewalk System Map and new Land Development Code standards, approved by the City Council on November 18, 2008 and March 3, 2009, respectively, for lots located along the north side of Oak Knoll Drive - on which the subject property is located -payment into an escrow fund in lieu of construction for sidewalks is recommended. The Land Development Code gives the Planning and Zoning Commission authority to review and consider all requests for waviers to the new Supplemental Sidewalk System Map and Land Development Code regulations. City of Colleyville Page 1 Printed on 4/8/2009 Agenda Briefing Continued There are no existing sidewalks on Oak Knoll Drive nor are there any existing sidewalks within the surrounding Stafford Heights Addition. Approximately ninety percent of the homes within Stafford Heights Addition were constructed prior to 1990. In 2006, 1500 and 1508 Oak Knoll Drive were granted a full refund of the sidewalk escrow payment by the City Council. On March 3, 2009, City Council waived the escrow requirement for the property owner at 2109 Oak Knoll Court. The Planning and Zoning Commission options in this case are as follows: (1) Approve the waiver -This action would waive both sidewalk construction and the escrow option for this property, which are required by the Supplemental Sidewalk System Map. (2) Deny the waiver -The applicant would be required to pay into the sidewalk escrow fund the amount of $3,730.00. This would delay construction of the sidewalk until a future date. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Amend the waiver -The Planning and Zoning Commission may determine a different escrow amount from what has been determined by the City. District Neighborhood. If the Planning and Zoning Commission determines that the applicant is responsible for paying into escrow, the monies received will be available for any future sidewalks or trails located within District Neighborhood #3. Recommendation Staff recommends that the payment of escrow funds in lieu of construction be required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on 4/8/2009 Location and Zoning Map 1700 1704 Roil 4600 1711 Subject 4700 1704 Property 1748.. 171:2 ~~- 1615 1701 ~ 1801 as a R40 1804 1801 ~ 1805 1804 1 1804 a -p~f- ~Q {fib R A Applicant's Request r 3anuary 23, 2009 To Whom It May Concern, I am requesting a waiver to the sidewalk construction and required escrow of sidewalk funds for my property located at 1708 Oak Knoll Dr. in Colleyville. Sincerely, 4~ ~ ~... ~... L' _ `, _~ ,.._~ ~.. ~.s~° ~`` ~_ Danielle Arnett JAN ~1Q9 Par ..:.......... Supplemental Sidewalk System Map I ~i C~ ~'.. ~~ _. '~'. `Y ~^ .~' r ~. ~.~ 1y ti ~J~ r _~ ~~ ~..~.~ ~ ~~. ~~ `; .,,.. I• ~.~~ ~` J 3' ~ .x ~- ~~ ti ~~.. ~ ~, cs,,,. ~,,.Y'` r ,~, ~' ~; ~: ~:; s I«h~~~._.~I+r~'I ~~ r~~ ,~,,~ ' _ ~, ~ ~~~ ~ Ien~. Rewired Sidewalks {Between 4' & !6' in width..) ~» Existing and Prapc~sed Trails ~Bet~veen ' & ~ ' in width; ~ctt4nt~elt Trail (10' Vlialk connect Grapevine and 1-{urst~ - -Private 1tValking Paths {May be any size} --~-- Sid'ewaks N{JT Required Escrow Qptie~n far Sidewalk -~ Nlunicipai Locations _~', Parks { _~~. SchQ~ls ~.~- dater Features ~- Gity Limit -~--+- Railroad w o ~ w z 3 y ~ O O N o ~ ~ o ~ ~ L .~ O ~ L O ~ Z a .~ o M z ~ O U -~ i '*'' ~ ~ . O ~ fn ~ ~ ~ Z ~ z O U ~ ~ W cfl' ~ ° t6 ~ o ~ 0 ~ o ~ ~ -Q ~ ~ ~ -~ N Z z . ~ 0 U N O 0 0 Z ,~~ , City of Colleyville . Q~li '~~ 7 : -- 100 Main Street Colleyville, Texas 76034 ~~~~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 04/13/2009 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 Attachments: Location and Zoning Map Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 04/13/2009 Planning and Zoning Commission Title Approval of a final plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC09-005 Explanation Keith Hamilton is the developer of 2.6 acres located at the end of Black Drive. The developer has submitted a final plat, which will subdivide the property into five residential lots, for the construction of single-family residential detached dwelling units. Zoning. A rezoning request from a R40-Single Family Residential to a R20- Single Family Residential zoning district was approved by the City Council on January 22, 2008. Access. The development will have access from Black Drive along a new street section of Black Drive to be constructed. The new section serving this development will contain a minimum of 50 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. Right-of-way exchange. Given the proposed lot configuration of this development, the applicant proposes to obtain a portion of the existing Black Drive and incorporate it into the proposed Lot 1. City Council approved the exchange of the right-of-way request at the March 3, 2009 meeting. Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. A minimum four-foot wide sidewalk will be located along the western side of the City of Colleyville Page 1 Printed on 4/8/2009 Agenda Briefing Continued new street serving the development and installed when any new structures are built on the property. Drainage. The developer will submit a drainage analysis of the site, prior to final plat approval. This analysis must be reviewed and accepted by the City of Colleyville Engineering Department at that time. Parkland Dedication Fees. Parkland Dedication Fees are required, in the amount of $1,802.00 per residential lot, for the five lots where new homes are proposed. Parkland Dedication Fees are due at the time of final plat approval. The fee must be paid before the plat is recorded with the County Clerk's office. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not due. The developer will be constructing a new street as part of this subdivision. Landscaping and Tree Preservation. Trees not located within the right-of-way, easements or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the drip line of all developer identified preserved trees located outside the right-of-way. A preliminary tree survey has been submitted with the preliminary plat; however, approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Department. Summary. The proposed development satisfies the requirements of the Land Development Code. 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'tl ~Frll~ d't, 3li i ~~~ (~i t,~~~lR i ~~~C ~ ~l' d z t i ~ r +~ ~~'`j~~ ~ ~ °9 t• ~ dl trd ` e ~`S, a`~ i~rt K ~ , ~ +'Q~- 1 4r ~~~ 2 ~~ RC ~r ,t~t,r !~ !~ ~~% t!j Rc t~ ~e ~,~ ~ ~ d~ ~ City Hall ~ ~ti ._~ City of Colleyville 100 Main Street ,~~ Colleyville, Texas 76034 ~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 04/13/2009 Agenda No.: 7c Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 4, Block 3 of the Fairway Addition located at 6606 Herbert Rd., Case GC09-004 Attachments: Location and Zoning Map Applicant's Request Supplemental Sidewalk System Map Sidewalk Escrow Neighborhood Map History of Legislative File Version: Date: Acting Body: Action Text: 1 04/13/2009 Planning and Zoning Commission Title Approval of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 4, Block 3 of the Fairway Addition located at 6606 Herbert Rd., Case GC09-004 Explanation Thomas Cole Custom Homes is requesting a waiver to the construction of a sidewalk for the new home located at 6606 Herbert Road. Summary. The newly constructed single family home triggered the sidewalk requirement. According to the Supplemental Sidewalk System Map and new Land Development Code standards, approved by the City Council on November 18, 2008 and March 3, 2009, respectively, for lots located along Herbert Road - on which the subject property is located - construction of 4 foot wide sidewalks is recommended. The Land Development Code gives the Planning and Zoning Commission authority to review and consider all requests for waviers to the new Supplemental Sidewalk System Map and Land Development Code regulations. There are no existing sidewalks on Herbert. Approximately seventy-five percent of the homes on Herbert Road were constructed prior to 1990. The Planning and Zoning Commission options in this case are as follows: (1) Approve the waiver -This action would waive sidewalk construction, which is required by City of Colleyville Page 1 Printed on 4/8/2009 Agenda Briefing Continued the Supplemental Sidewalk System Map. (2) Deny the waiver -The applicant would be required to build a sidewalk on the property. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Require Escrow -The Planning and Zoning Commission may require payment into escrow in an amount not to exceed $1,744.00. District Neighborhood. If the Planning and Zoning Commission determines that the applicant is responsible for paying into escrow, the monies received will be available for any future sidewalks or trails located within District Neighborhood #6. Recommendation Staff recommends that construction of a sidewalk be required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on 4/8/2009 Location and Zoning Map g 6707 670U 6709 4 6703 6704 n 6705 c ~} Cf3 :10 ~ 6701 6700 6701 F270 6611 6610 661 08 6609 r_'~608 R20 5609 06 6607 6606 Subject Property 660; 660 6605 PU DC 6603 660 6601 6601 6600 McDonwell School Road Y`~ ~~ ,~ __ ~`_ - PUDR - e ~ ~ _ ~~ , -_ F~ ~ } ~ - -~~+ t ~~ t_ a_ ~. ~5- y~ 1 3- ' I ~ t ~_ __. _ ~ ~ _ ~~~. ~~ ~, _ :._~ =_ 1001 Applicant's Request April 1, 2009 City of Colleyville To whom it may concern, Thomas Cole Custom Homes is requesting to be placed in the schedule for the next planning and zoning meeting to discuss the front sidewalk at 6606 Herbert Rd. Since. ely, eaven Butler Thomas Cole Custom Homes 817-966-1030 heaven@thomascolecustomhomes.com l OQ~' Supplemental Sidewalk System Map _.i !r'r': ~i~~~:J'1 tl~"~yr m m ~ ~ E ~~ r_ ~. ` W.. 7~ ~~~~~,~~~:~ }~+ .~+ ~~ a. , ,.. ~t F .-. i°' ~..~ .. _. __ ~ 6606 Herbert Rd --- ~w.. ~_ f_ ~~I i _ __ _. ~ . ~~, ,-~-~ Lien ~ ; Required Sidewalks {Between 4' & fi' in Widths ~fti ~ E E ~.C~,4 Lf~~ ; Existing. and Prvpt~sed Trails (:Between 8' 12" in width} v----- -- ,~-~ C©ttcrnbelt Trail (10' Walk connect Grapevine and Hurst} - -Private Walking Paths May k~e any size} ---~- Sidewalks Nt~T Required F s~craw C}ptien far Sidewalk i~lunicipal [_ocatons ~`~'=~ Parks _,~~ Schovfs ~-_ 1Nater Features ~--- City Lunt ~--~-- Railrc~.ad t' ~..J~~ ,~ P ~J W z w 3 /t1 o >. k O O a N ' ~j o ~ '/ ~ ~ a ~ ~ L O O • L o ~~ , ~ z ~ ~. ~ ~ ~°~ ° Z ~ ~ o +r o 0 .~ a ~ ~' ~ o c n ~ ~ p z ~ ~ ~, Z N O -~ U ~ c!1 W co ~ ~ o ~ o o° o ~ ~ ~ o ~ ~ ~ z ,~ ~, ~ ~ .~ N Z z . ~ N O U ~ ~ City of Colleyville 100 Mlain Street J~4~fi! Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commision Action Items Version: 1 Requester: Community Development Department Agenda Date: 04/13/2009 Agenda No.: 7d Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block E of the Old Grove Addition located at 7109 John McCain Rd., Case GC09-005 Attachments: Location and Zoning Map Applicant's Request Supplemental Sidewalk System Map Sidewalk Escrow Neighborhood Map History of Legislative File Version: Date: Acting Body: Action Text: 1 04/13/2009 Planning and Zoning Commission Title Approval of a request for a waiver of the construction or escrow of funds for sidewalks on Lot 1, Block E of the Old Grove Addition located at 7109 John McCain Rd., Case GC09-005 Explanation Bailey Draper Custom Homes is requesting a waiver to the construction of a sidewalk for the new home located at 7109 John McCain Road. Summary. The newly constructed single family home triggered the sidewalk requirement. According to the Supplemental Sidewalk System Map and new Land Development Code standards, approved by the City Council on November 18, 2008 and March 3, 2009, respectively, for lots located along John McCain Road - on which the subject property is located -construction of 5 foot wide sidewalks is recommended. The Land Development Code gives the Planning and Zoning Commission authority to review and consider all requests for waviers to the new Supplemental Sidewalk System Map and Land Development Code regulations. Sidewalks already exist along the south side of John McCain Road just to the south and east of this property. These sidewalks are part of a partially existing trail system that will one day link this portion of John McCain Road to Providence Road, at the northwestern corner of McPherson Park. The Planning and Zoning Commission options in this case are as follows: City of Colleyville Page 1 Printed on 4/8/2009 Agenda Briefing Continued (1) Approve the waiver -This action would waive sidewalk construction, which is required by the Supplemental Sidewalk System Map. (2) Deny the waiver -The applicant would be required to build a sidewalk on the property. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Require Escrow -The Planning and Zoning Commission may require payment into escrow in an amount not to exceed $6,880.00. District Neighborhood. If the Planning and Zoning Commission determines that the applicant is responsible for paying into escrow, the monies received will be available for any future sidewalks or trails located within District Neighborhood #6. Recommendation Staff recommends that construction of a sidewalk be required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on 4/8/2009 Location and Zoning Map 7300 7305 R2Q 7301 7300 7201 721 R41~ 7205 7zo4 I. 10~ ~~ ~~ ~ Subject Property 7215 7109 (7201) /~TILW 117 113 109 105 101 UoR f 208 204 200 104 100 213 209 205 ~01 y 105 ~ '101 a 212 208 04 200 108 104 100 207 13 CT PUDR 200 1204 f208 104 (- I rn co 202 ?06 '~10-' 1.03 i I 105. Applicant's Request ~l~il~~• ~ ~. 1 ~. CUtTOY NOY{~ INO. April 2, 2009 Justin, Per our conversation earlier today, please be informed that I definitely want to be on the schedule of the upcoming P&Z meeting on April 13, 2009, The goal will be to amend or do away with the sidewalk issues that are upon the lot at 7109 John McCaln. Lot i Block E of the Old Grove Addition. If you need to reach me. Please call my mobile or email me. Both are at the bottom of this letter. Thanks for your help. S' rely, Bai Dra r P.Q. Box 93273 Mobil Phone: 817-925-5484 Southlake, TX 76492 Fax: 817=741-1281 Supplemental Sidewalk System Map n ~.. ~ ~~ ~, ~ ,,r,,,i ~~~~ : :=,~ i ~- '~ ~ _, gyp, .. ~ ___ ~- -~ ~ t~e 3 7109 John McCain Rd ~, E .~ ~ -~ -- r~~ ;..~ . ,.. t ~, ~. ~ r y ~~ [. ......,.,......., cT l ..... .. -`" ~ __ o ~ fC ~ J -r T r ~, --' - .- -. _, ~ T, ... .~ Tl~tfi~3E .~~dE~ iii ,, ~.., ~~: ., ~s,~~Et~T'DE~;"~,'~ ~ 1 :~ ,~- ,. _ :.- ,w ° - - ~ - -~~ ~. ___._ _ , Q v' { ~ t • ^~ ..., '.. 3 -... y k -~ ,.w. ~, ...~_ _...._. iP Y'~~ epfY''1 S'. ., W ~r "~ ~ ' -~--- Re wired Sidewalks Between 4' & ~' in Vllidth~ ~ ~ -~ Existing and Proposed Trails (Between S' 12' in 111/idth} ~ottanbelt Trail X10' 1llfalk connect Grapevine and Hurst) - -Private Walking Paths May be any size} Sidewalks NOT required Escrow C)ptic~n for Sidewalk Municipal Locatia~ns L',?> Parks 5~-=-= SchQOls - i~''1~'ater Features ---r- City Limit -+---~- Railroad w z o N O ~ a ;~ 3 O N o ~ ~ _. ~ o° O ~ O t ~~ ~ d- z ._ N ~ Z p M U ~ O -iL.+ -Q ._ 0 Z -~ 3 ~ O z U N W ~ o ~ ~ ~ ~ ~ ~ L ~_ q -~ ,~ ~ ~ ~ Z ~ .~ .~ Z Z .~ O U