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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-6/24/2002 City of Planning & Zoning Commission Agenda - June 24, 2002 Page 1 of 2 ~ Texas AGENDA PLANNING AND ZONING COMMISSION City Hall - 5400 Bransford Road Monday June 24, 2002 REGULAR MEETING: 7:00 P.M. Call to Order: Roll Call: Invocation: Chairman Gasper Commissioners Jeffrey Wall, Bob Culley, Earl Swift, Mark Jones, Bud Sellers, Mark Hollis, Jo Ann Gasper Commissioner Wall Pledge of Allegiance Approval of Minutes: June 10, 2002 1. Minor Plat of Colleyville West Pump Station, 0.1893 acres located on the west side of Bransford Road, 127' north of Colleyville Boulevard, Case P-02-022 2. Final Plat of Whittier Heights, 58.003 acres located on the north side of McDonwell School Road, east of Remington Parkway, Case P-02-021 3. PUBLIC HEARING - Zoning Change from R40 to R20 Single Family Residential on 1.419 acres located at 2201 Hall Johnson Road, Case Z-02-017 4. PUBLIC HEARING - Amendments to the Sign Regulations, Case G-02-008 5. General discussion regarding the Master Plan 6. Citizens' comments regarding items not on the agenda. 7. Staff comments, reports and discussion items. The following items were received on the last case submittal cycle and may be placed on a future agenda: · A Zoning Change from AG to R20 Single Family Residential on 1.5517 acres located at the northwest corner of Glade Road and Pool Road, Case Z-02-019 P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 Planning & Zoning Commission Agenda - June 24, 2002 Page 2 of 2 · A Final Plat of Westgate Villas, 14.761 acres located on the south side of McDonwell School Road, west of Remington Park, Case P-02-023 · A Minor Plat of Addy Estates, 1.5517 acres located at the northwest corner of Glade Road and Pool Road, Case P-02-024 8. Commissioners' comments and reports. ADJOURNMENT I certify that this agenda was posted on the Bulletin Board at City Hall on Friday June 21,2002 at 4:30 p.m. f Jan Levy, Planning and Zoning Assistant PLANNING & ZONING COMMISSION Meeting Minutes - June 10, 2002 Chairman Gasper called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on June 10,2002. Roll Call: Present: Jeffrey Wall, Bob Culley, Earl Swift, Mark Jones, Bud Sellers, Mark Hollis, Jo Ann Gasper Staff: Barry LeBaron, Clayton Husband, Jan Levy Invocation: Commissioner Hollis Pledge of Allegiance Approval of Minutes: May 28,2002 Chairman Gasper moved to approve the minutes of the May 28, 2002 meeting as written. Commissioner Wall seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None 1. PUBLIC HEARING - Special Use Permit for alcoholic beverage sales for on-premise consumption on a portion of Lot 9R, Block 2, Village Park Addition, the Green Pepper Restaurant located at 4843 Colleyville Boulevard, Case Z-02-016 Clayton Husband presented the case to the Commission. He told them the location of the Green Pepper Restaurant and reviewed the staff briefing. He said that nine notices were mailed to the adjacent property owners regarding the request and no correspondence has been received in response to the notice of public hearing. Chairman Gasper opened the public hearing. Chairman Gasper asked the applicant, Mr. Hoang, about the data he provided and if the projections were made without alcoholic beverage sales. Mr. Hoang explained that the projections were made without the estimation for alcoholic beverage sales and he believes they will add 1/3 to his business. He told the commissioners that he hopes to open the restaurant in approximately two more weeks. There being no one else present wishing to speak, the public hearing was closed. Chairman Gasper moved to recommend approval ofthe special use permit. Commissioner Planning & Zoning Commission Minutes - May 28, 2002 Page 1 of 5 - Approved on June 10, 2002 Culley seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None 2. TABLED ITEM - Zoning Change from CN and R20 to CC2 Shopping Center with a Special Use Permit for a Full Service Car Wash and Lube Center on 2.167 acres located at the northeast corner of McDonwell School Road and Precinct Line Road, Case Z-02-015 Commissioner Culley moved to remove the item from the table for discussion. Commissioner Swift seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Jones, Sellers, Hollis, Gasper Noes: None Clayton Husband reviewed the changes the applicant made to the site plan and the criteria that McDonald's Restaurants use to develop property. He said that according to the criteria used by McDonald's a fast food restaurant could fit on the undeveloped lot. He said the applicant moved the proposed building farther north on the lot to provide additional space for the development of the lot to the south. Mr. Muldrow and his architect, Dwayne Bradford, were present to discuss the case and answer the commissioners' questions. Chairman Gasper asked the applicant about his negotiations with other businesses. Mr. Muldrow responded that he has teamed up with Valvoline and will use similar signage. He said that if the zoning change is successful, negotiations will take place on the adjoining lot. Commissioner Culley asked the applicant questions about the proposed wall. Mr. Muldrow said that the drawings show a six foot wall with landscaping consisting of trees on both sides of the wall. There was discussion about the length of the wall along the eastern boundary of the property. The Commissioners ask Mr. Muldrow about the possibility of placing a wall along the northern property line and he said he did not propose a fence along the northern boundary because the adjacent property is a vacant lot and would probably be developed for a commercial use in the future. He said that he will be using landscaping for a buffer between the properties. Commissioner Sellers asked Mr. Muldrow what materials he will use to construct the fence. Mr. Muldrow answered that it would be a split face block wall with either a brick or a stucco finish. Chairman Gasper said that she has tried to decide what the future use of the properties in the area will become if the Master Plan were updated today. She said that if it were to go commercial she would want additional cross access across the proposed site to the property on the north. Planning & Zoning Commission Minutes - May 28, 2002 Page 2 of 5 - Approved on June 10, 2002 Commissioner Hollis asked staff if there were rules or requirements for cross access to adjacent properties. Barry LeBaron said they may be tied to the site plan. There was discussion by the board about cross access easements. Commissioner Swift said it is not fair to the applicant as the business is not conducive to having cars go between lots where they are stacking cars to be detailed after they have been washed. He said that requirement could kill the venture. Barry LeBaron told the commissioners about future lot development and the requirements for 250' centerline to centerline for entranceways. There was discussion about the businesses along Colleyville Boulevard. The commissioners discussed fencing designs and locations again and said that the requirements for a masonry screening wall can only be a condition of the special use permit on the northern of the two lots. They discussed how conditions could be placed on that property in conjunction with the special use permit, but the lot to the south would become a straight commercial zoning district and conditions cannot be placed on property in that zoning district. The applicant, Mr. Muldrow, explained how he intends to plant 50 gallon live oak trees on the northern border. He discussed the purpose of moving the building 25' to the north. The commissioners entered into discussion with the applicant on setbacks between buildings and widths for emergency fire lanes between buildings. Fire Marshall Jeff Jones said that this building is low hazard because of the predominance of water being used in the carwash. He said the building may be required to have sprinklers, but he may be able to waive the sprinkler requirements depending on what the width between the buildings is, when he reviews the construction plans. Chairman Gasper said she recognized that they are probably looking at a commercial use next to a commercial use rather than a commercial use next to a residential use. Commissioners Culley and Swift voiced their agreement. Commissioner Culley said if the property to the north develops as commercial, he would want to create a green space between the properties and eliminate the look that there currently is on Colleyville Boulevard. The commissioners entered into discussion again about the proposed masonry wall. Commissioner Sellers asked about requiring a wall on a portion of the north property line at the back portion of the lot in order to block off the section of the business where the vacuums associated with the car wash are located. He said it would make it more appeasing for any future business that may be constructed on the adjacent property to the north. The commissioners discussed the possibility of requiring a six foot screening fence to be built out of split faced block along the northern property line in the area that extends west from the northeast corner of the property to the northeast corner of the proposed building. Commissioner Wall asked the applicant about an open access easement across the lot to the adjacent property to the north. Mr. Muldrow responded that he wants it to stay as proposed because if the open access easement was required, it would create more of a problem for traffic control. Mr. Muldrow was asked if that requirement would be an economic detriment to his business and he responded that it would. Chairman Gasper asked Mr. Muldrow what companies have inquired about the vacant lot to the south that would be on the corner of Precinct Line Road and McDonwell School Road. Mr. Planning & Zoning Commission Minutes - May 28, 2002 Page 3 of 5 - Approved on June 10, 2002 Muldrow said that he is opposed to selling the property to a convenience store with gasoline sales. He said that McDonald's has inquired about the asking price and if the lot had the appropriate zoning. Mr. Muldrow also said the parent company of KFCfTaco Bell has inquired. He said that until the property is rezoned, he would probably not enter into negotiations because most companies want someone else to secure the proper zoning and plat the property. Chairman Gasper said that a. convenience store would not be an attractive addition to the City because of the lack of sales revenues. Chairman Gasper moved to recommend approval of the zoning change for case # Z-02-015 with a special use permit subject to: · changing the height of the screening fence from 8' to 6' to be constructed out of split faced block; and · requiring the screening fence to also be built along the northern property line in the area that extends west from the northeast corner of the property to the northeast corner of the proposed building. Commissioner Hollis seconded the motion. The vote being: Ayes: Wall, Culley, Swift, Sellers, Hollis, Gasper Noes: Jones Chairman Gasper advised the applicant to have a letter of intent from a restaurant to purchase the lot to the south before he goes before the City Council. She said that the Planning & Zoning Commission acts as an advisory body and City Council makes the final decisions. 3. Citizens' comments regarding items not on the agenda: There were none. 4. Staff comments, reports and discussion items: There were none. 5. Commissioners' comments and reports: Chairman Gasper said she ran into Jimmy Archie and he extended an invitation for the Planning & Zoning Commissioners to visit and tour the Village at Colleyville. She said she wanted to remind them it is not appropriate for all of them to go at one time so there would not be a quorum attending. Commissioner Gasper asked staff to put the discussion of the Master Plan on the next agenda. Commissioner Culley discussed Linda Baker's comments made at the last meeting. He said that he asked staff to research and since he's been on the Commission, they've only tabled five items Planning & Zoning Commission Minutes - May 28, 2002 Page 4 of 5 - Approved on June 10, 2002 and one of the items was revisions to the Land Development Code and should not be counted. He asked Barry LeBaron if that was an inordinate amount of cases to table since last September. Mr. LeBaron responded that he did not think it was inordinate because the purpose of a public hearing is to find out if more information is needed and if it is needed for the Commission to make a decision, the case would need to be tabled. Commissioner Culley said they have never tabled an item just to put off business. Commissioner Wall asked questions about when appointments would be made for the Planning and Zoning Commission. Chairman Gasper informed those commissioners whose terms end in September that they will need to resubmit an application to be considered by the City Council for reappointment. ADJOURNMENT: The Commission moved to adjourn the meeting at 7:50 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant levyj@ci.colleyville.tx.us Approved on: NOTE: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - May 28, 2002 Page 5 of 5 - Approved on June 10, 2002 .~ l'ex:aS PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 24, 2002 P-02-022 - Minor Plat of Colleyville West Pump Station, 0.1893 acres located on the west side of Bransford Road, 127' north of Colleyville Boulevard. STAFF REVIEW COMMENTS: Vanetta and E.B. Brister are the owners of a tract of land located on the west side of Bransford Road, just north of Colleyville Boulevard. The Brister's are selling an 8,247 square foot portion of the property to the Trinity River Authority for the construction of a new water pump station. The owner has submitted a Minor Plat of the property for review and consideration by the Planning & Zoning Commission. The plat will create one lot for the construction of the pump station. The Trinity River Authority currently has a pump station located adjacent to Little Bear Creek. The new pump station will replace this older facility. The owner's surveyor has addressed all Development Review Committee comments. This plat only requires approval by the Planning and Zoning Commission. RECOMMENDATION: Approval ATTACHMENTS: · Location map · Plat Prepared by: CJ4- J. Clayton Husband, AICP Development Coordinator Agenda Item No. 1 - Page 1 -:;'-1 'L":'l: 10-...__ .~ D. >- o GfJ1 l-\.....~ -",'lb3, 7 c. I.:) >- 0 D W @ffiJ ;;;:- 4 ~ J ~R =- IJ , !l ...J 0 0 0 <I: 3 u I 14 (fl ri1 2 1...25 . ?) TA 4A TA "9 1.662 fIrC TII 2B I.. AC TII 20 ~ 2H! 1.3 At I ACr ! TA 2C I.. At fA 2E fA 2\.L ... lit: 2.11 IIIC TA 2M "I AC ION ) fA 2K 4.3 AC pAR~ "liE8 CSI~ AOON ~ 1A lJ.~911 . 1A 10 24.442 . LOCATION MAP CASE # P-02-022 Colleyville West Pump Station ) -" I' , f Ji I f lJ! If~ , ~~ ; I it i !!If i 1) . III ,1 ~ 1'6i,~ i ~ Ii II 1 J 1 ,nl , Jl I '1' ,I 8; "'1 I . ~ , '1 l' II . · e II · il 1 It j I ,tl~ I I Ii I is ~ uti tll,.. ! Iii 'JIll H! I mill' ~ III n n ! ~ll ! I {'Ub 1 II'i I) " Ii 1 I = dl'" == e I~~ Irl.lif I I ~ :~lW ~; .~lIJ ~i" . ~ 111ft 1 · ~~ ~ ~JJ ~f !{ I i~ j I 5 1311tt , Ii II ill i! II i I! ill! limll / / I !I / , ~ ti " " _---~--"-1-- . . i I i I I t :1' · Hl Jll Ii li1 t I{~ i ,I ! :I~ ~ ",II S 1 fit ; I III ; f ,~~ ~ i i J lit'lI = I J II I ~ ; i Ii i~ -~- BRANSFORD ROAD l I n~ nP ~ z 0, _ N E-o- ~ i~ : i~ ~ 58 ~ ~P... ~~ ~~E-o~U ;..rcn:"~ s: ~I ....:l il8 ~h riliH: ....:l ;;0 (3i u r.9~ ;yo ~ J) " ~ i2 '- '1~ '" .,))>- " ~ " />- _--~ 00 . I I It II III II i Ii II 51 I 1 It 1 ! J It i I i I f I .# _ L --'!!!!-- -- ' .~ t ---1-------' ' \. 1\.1 ,(,<," , .1 ' ' d ' ' I ,', , ~~! ~~~ "" l.l ==:J:i -11 i~ D r \ ~ h h ,I !i H ft "I II Ii .IE .1 1;; 11 )n H Ii! I )1 hi ! ii 'd 1 ," i~f i II ~11J I II i~' s U _8 I? j;;'ii --------, .... ~ --...._~ L" ~ I' I · ;1 i ~ i i ' ~ - \ '- I I J I I I lis i "- I · , I "- ,L \--_1_ h~" 2 iir I h ~l! ;1 ~ . .01 = ..7 ; i_H ~g!l!i! 5i~i;: i~i el:~ I ;! i~!j~i .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 24, 2002 P-02-021 - Final Plat of Whittier Heights, 58.003 acres located on the north side of McDonwell School Road, east of Remington Parkway. STAFF REVIEW COMMENTS The David Bagwell Company has submitted a Final Plat on a 58-acre parcel of land located on the north side of McDonwell School Road, east of Remington Parkway. The plat will create 103 single-family residential lots and 9 open space lots and will be the first phase of this single family development. The following is a summary of the major items associated with this Final Plat. Zoning. This property is zoned PUD-R, approved by Ordinance 0-99-1153 on April 20, 1999. This property has also been preliminary platted under the names Glenwood and Westcliff. The overall density of the development is 1.77 dwelling units per acre. The smallest lotis 13,500 square feet in area, with an average lot size of 15,314 square feet. While the average lot size for this phase is less than the required 16,000 square feet, the PUD-R ordinance for this property requires that the average lot size be taken over both phases of the development. When the second phase of the development is submitted, the lot sizes would need to be sufficient to bring the average to the required 16,000 square feet. Open Space. The PUD-R ordinance for this property requires that 20% of the total development be designated as open space. The nine open space lots comprise 13 acres, or 22.5% of the development. The homeowners association is responsible for the maintenance of the private open space areas and the associated detention ponds. The developer has offered to donate a 1.5 acre space area to the City with the value of the property becoming an offset towards parkland dedication fees. The Land Development Code requires a recommendation from the Parks and Recreation Advisory Board and the Planning and Zoning Commission for all parkland dedications. The Parks and Recreation Advisory Board on May 6, 2002 recommended against acceptance of this donation. (See attached memo from the Parks and Recreation Manager Monica Sue Walsh, Attachment 1.) The Planning and Zoning Commission will also need to make a recommendation on the request. Alternate Street Entrance Designs. The developer is proposing alternate street entrance designs for three intersections as described below. Agenda Item No. 2 - Page 1 1. The intersection of Providence Road with Harmonv Lane and Haverhill Lane. The proposed design includes a narrower right-of-way and pavement section for the first 40-50 feet of the street at these two locations. The narrower section generally coincides with the depth of the open space area adjacent to Providence Road. The purpose of these two narrower "throat openings" is to have a traffic calming effect at the entrance to the residential neighborhoods along these two streets. However, it is the opinion of the DRC that the narrower sections will significantly affect the City's ability to proviqe emergency services to these two streets due to the smaller turning radii at the corner. The developer's letter and detailed drawings of the street entrance designs are attached (Attachment 2). The proposed street sections at these locations do not meet the specifications of the Colleyville Land Development Code. 2. The intersection of Providence Road with McDonwell School Road. Additionally, the developer is proposing a large sweeping entrance into the development to serve both directions of McDonwell School Road. Staff has expressed concerns regarding vehicular visibility for this type of design. A drawing showing this proposed intersection is attached (Attachment 3). Emergency Access. There is one primary entrance to the subdivision on Providence Road. A secondary emergency access is proposed at the south end of Penacook Circle. This secondary access enables this subdivision to meet the requirement to provide two entrances to this phase of the development. Colleyville Pathways Plan. This property is subject to the provisions of the Colleyville Pathways Plan, which requires a 10-foot wide hike and bike trail (with a two-foot shoulder on each side) to be constructed through this property. The trail is required to be built with the public improvements to the property. The alignment illustrated on the preliminary plat shows the trail meandering through the development on the east side of Providence Road, clipping the corner of the McPherson Park property, with terminus points at McDonwell School Road and John McCain Road. Attached is a copy of the portion of the Preliminary Plat showing the general location of the proposed trail and where it conflicts with McPherson Park property (Attachment 4). The developer has not shown the exact alignment of the trail easement/right-of-way on the Final Plat. Staff is concerned that the trail can not be accommodated on the Final along the east side of Providence Road due to the limited amount of open space (five feet) where Providence Road parallels McPherson Park. However, the trail could be moved to the west side of the street and be located within the proposed open space areas. An easement/right-of-way needs to be added to the plat indicating the proposed location of the trail. As an alternative, the developer may escrow the equivalent amount of money with the City, and the trail would be constructed at a location to be determined at a later date. However, escrowing the funds for the future construction of the trail does not address the actual location of the trail. In the absence of an easement for the trail on the Final plat, the City would be required to purchase an easement at a future date to extend the trail through this development. Agenda Item No. 2 - Page 2 RECOMMENDATION Denial of the plat, due to technical non-compliance with the Land Development Code ATTACHMENTS · Location map · Plat · ORC Review Memo · Applicant Response Letter · Attachment 1 - Memo From Parks and Recreation Manager · Attachment 2 - Applicant Letter with Street Designs · Attachment 3 - Entry Concept · Attachment 4 - Preliminary Plat Section wlTrail Prepared by: c+t J. Clayton Husband. AICP Development Coordinator Agenda Item No. 2 - Page 3 I :=;--- II ~ L 1j~ \ ~I~ ~ ~ '""'"- 1 \ I I ~ - ~ t7 - - - ~.--- I I ,?: -- I 7~- ~ - I-- L- III III I 'f: - I;- f-] "- nl I \ ~ ----r---~ ~ K> I ) ---1 -I I ,\ e IV l:: [ \ E U 1 \ rll I ~ I - C - A~~ I ~ J-i - \ \L '\ ~.( I I \11 In !rl I r-"\ \ I /' - \\\ \ '" ~ '-- - ~ ~ - 1 7"~ .\ \ - -L\ - ~ ~ - ~ ~ \' --~~ ).U - I ~~ \ """ ~ "-.J ^....:: I 1 I / f I J ~ I , ~ G< ~ .A I-- - - ~- --{ - ~~~~ - -- _ c _ -~ II ~ r t:::: f3B - ...........-....: IIJ(bDTIJ I \ ~ 'J': ~ ~~~ .., - I-- J: --j r- \ /11 .'" C) - -- Q) r :I: l.- I I (1) -----1 -- l- .., r .., -d III I -- J: z ~ I \ J -- ~ ~ Location Map CASE # P-02-021 - Final Plat - Whittier Heights I! 1:0: 1I~~s;:li,s ~ .._ I :: ~~ "'....c..,. tkB ~/;: waTER!'t T'llLS SEc~O" ONE !t.Cbr "" !: :- : 4:.'Ct ~IJ/ ~ '::::.... .;::: I _ vo. ~\1I~6~ TPG 110 7 J ~ ~ r:=N 00'"2149- iJ ~_; ">'::-~' ) i / -~'brJ' ! S ~V4'1~'~;' \ 21~~ / 'f!'! ~..:.:-.. 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NO FROM May 31,2002 David Bagwell ~ Eddie Eckart 214-368-7740 ~ 817-446-3116 Clayton Husband, AICP, Development Coordinator SUBJECT P-02-021 Final Plat - Whittier Heights The Colleyville Development Review Committee (DRC) has reviewed your Final Plat request submitted to this office on May 20, 2001. The following comments are for your consideration. GENERAL INFORMATION 1. The review of this plat and related engineering plans was based on Ordinance No. 0-99-1153, adopted by the City Council on April 20, 1999, on the PUD-R regulations contained in the Land Development Code, and on the Preliminary Plat approved by Resolution R -02-1903. PLAT DRAWING 1. The DRC has further reviewed the proposed alternate street entrance designs for Hannony Lane and Haverhill Lane. It is the opinion of the DRC that the design of the roadways would seriously affect the City's ability to provide emergency services to this subdivision. The narrow entrances should be revised to reflect a standard 50-foot right-of-way. 2. An emergency access easement and connection must be provided at the southern end of Penacook Circle. The paving plans must show how this connection will be made. If an easement is provided, the easement must be 24 feet in width with a paved width of 24 feet. 3. Will there be an emergency access connection between Phase I and Phase II of this subdivision? 4. A homeowner's association must maintain all private open space lots. Add a statement of maintenance responsibility on the plat. 5. The recording information for the church plat and various deeds needs to be added to the drawing and the metes and bounds description. 6. The radius on the cul-de-sac bubbles needs to be increased to 50 feet, as approved on the Preliminary Plat. P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE P-02-Q21 WHITTIER HEIGHTS 7. The street side building line on Lot 6, Block B, needs to be increased to 25 feet. 8. The drainage easement on Lots 23 and 48X, Block A, need to be labeled as DRAINAGE AND UTILITY EASEMENT. 9. The Vicinity Map needs to be revised to show Providence Road rather than Newkirk Lane. 10. A City Council approval block needs to be added to the drawing. 11. The Colleyville Pathways Plan requires the construction of a 10- foot wide hike and bike trail through this property. The trail system required for this project would eventually provide access to McDonwell School Road, John McCain Road, and the city park located at the old McPherson Dairy. While the alignment is not specified, it is intended that the trail would meander through the development with terminus points at McDonwell School Road and John McCain Road. Provide a trail location map showing how the developer intends to satisfy this requirement for this phase of the subdivision. Alternatively, the developer may escrow the equivalent amount of funds with the City for future construction by the City. TREE PRESERVATION 1. Trees not located within the right-of-way must be preserved during the construction of the subdivision. 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 or other similar fencing with a four-foot (4') approximate height. The fencing must remain in place during the entire construction period. ENGINEERING CONSTRUCTION PLANS 1. The engineering construction plans have been reviewed by the Engineering Department, Fire Department and Public Works Department. Comments on the paving, drainage and utility plans will be available early next week. Questions concerning the engineering construction plans should be directed to Choyce Morrow, P.E., at 817-577-7587. OTHER INFORMATION 1. The Land Development Code requires sidewalks along all streets. All sidewalks must be a minimum of 4-feet in width and constructed in the area between the curb line and the adjacent property line. The sidewalks must be constructed when new structures are built on the lot. 2. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The Engineering Department will provide a formal assessment of impact fees to the Building Inspection Department upon submittal for a building permit. The fees listed below are intended to provide general information on the fees that could be assessed. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-02-021 WHITTIER HEIGHTS ROADWAY WATER SEWER $794 per lot for single family residential uses $1,468 for a I-inch meter [fee dependent on whether new water tap or meter is requested] $128 for a I-inch meter [fee dependent on whether new water tap or meter is requested] 3. Perimeter street improvements are required for this property since McDonwell School Road is considered an unimproved street and the plat contains more than one residential lot. The developer is required to construct one-half of the street or provide an equivalent amount of cash escrow for future improvement by the City. The response letter should indicate the developer's intention of construction or escrow regarding this roadway. 4. Parkland dedication fees are assessed at the time of approval of the final plat. The fee for single-family residential uses is $1,802 per lot. An assessment of parkland dedication fees will be provided to the Engineering Department, and all fees must be paid at the time of final acceptance of the subdivision. 5. INFORMATIONAL ONLY. The Colleyville Land Development Code is available on-line at www.colleyville.com. The Land Development Code is in Adobe Acrobat format. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, June 10,2002,7:00 p.m. Tuesday, July 2,2002, 7:30 p.m. RESUBMITI AL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: . 12 folded copies of the revised Final Plat drawing . one 81/2" x 11" reduced copy of the revised exhibit . a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The above requested items must be submitted no later than noon on Wednesday, June 5, 2001 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or husbandc@ci.colleyville.tx.us if you have any questions. C: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBUC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE30F3 GOODWXN~ M ARSHALL~ CIVIL ENGINEERS - PLANNERS - SURVEYORS June 19,2002 ~@~~WI-2 I, . Mr. Clayton Husband, AICP Development Coordinator City of Colleyville 5400 Bransford Road Colleyville, TX 76034 JJ4 2 0 2002 . ;~,... ~; CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT 'C'.J RE: Whittier Heights Addition - Final Plat P-02-021 Dear Mr. Husband: In response to the City of Colleyville's review comments concerning the above referenced project, we offer the following changes and explanations for the Final Plat. For ease of reference, the following are organized in the same order as your letter dated March 13th, 2002. PLAT DRAWING 1. The right-of-ways for Harmony Lane and Haverhill Lane have been left at 40' adjacent to open space pursuant to the provisions of Ordinance No. 0-99-1153, which allows for a 40' R.O.W. with 5' utility easements on either side when a street is next to open space. The width of the pavement, which is the actual variance from Colleyville standards that is proposed, is opposed by the fire department. We would like to speak to the Planning and Zoning Commission on Monday night about the reasons for and safety of this proposed variance with the hope of receiving a favorable recommendation to the City Council. 2. An emergency access easement has been provided at the south end of Pennacook Circle. A detail of the emergency access drive will be shown in the construction plans. An Opticon or comparable automatic opening device will be provided for additional safety. 3. The developer is not currently planning an emergency access easement connection from Phase I to Phase II. However, if an emergency access easement is required during the platting of Phase II it can be provided through the open space area labeled as Lot 46X, Block A. 4. A statement has been added to the final plat about the Whittier Heights owners association maintaining private open space. Note that it is our expectation that open space within the trail right-of-way will be maintained by the City, as at the Westmont addition nearby. We request that this be confirmed at this time. 5. The church final plat has yet to be recorded. The other deed information has been added and the recording information can be added to this plat prior to filing it. 6. The radii on the cul-de-sacs have been increased to 50 feet per the approved 6001 BRIDGE STREET, SUITE 100/ FORT WORTH, TEXAS 76112/ 817-429-4373 (METRO) / 817-446-3116 (FAX) Mr. Clayton Husband June 19,2002 Page 2 of3 preliminary plat. 7. The street side building line on Lot 6, Block B has been increased to 25 feet. 8. The drainage easements on Lots 23 and 48X of Block A have been changed to drainage and utility easements. 9. The vicinity map has been modified to reflect Providence Road. 10. The City Council approval block has been added to the second page of the final plat. 11. At the time our preliminary plat was considered, the Planning and Zoning Commission recommended a general location for the trail, which we added to the preliminary plat prior to it being considered and approved by the City Council on February 5, 2002. According to the provisions of Ordinance No. 0-99-1153, a sidewalk is not required to be constructed in right-of-way adjacent to open space, as the final plat has on the west side of Providence Road, as long as a sidewalk is constructed on the opposite side of the street. Therefore, the developer and the Mormon church understand that neither of us is required to construct a sidewalk on the west side of Providence Road across from where the trail, i.e. a "sidewalk" as referred to in Ordinance No. 0-99- 1153, is built. The developer requests verification at this time of our understanding of how Ordinance No. 0-99-1153 applies in this matter. In addition, it is the developer's understanding that the trail is to be built within a trail right-of-way, as at the Westmont development nearby, which trail right-of-way is to be owned and maintained by the City. The developer requests verification at this time of his understanding in this regard. ENGINEERING CONSTRUCTION PLANS 1. Engineering plans were submitted on May 17, 2002. Comments have not been received from the engineering department at this time. TREE PRESERVATION 1. Ordinance No. 0-99-1153 has special provisions regarding tree removal. Other than as provided in Ordinance No. 0-99-1153, the City's current guidelines regarding protection of trees outside of rights-of-way will be observed during construction of subdivision improvements. OTHER INFORMATION 1. As referenced above, the developer is aware of the City's sidewalk policy and will follow it, as modified by the provisions of Ordinance No. 0-99-1153, with respect to Mr. Clayton Husband June 19, 2002 Page 3 of3 construction of sidewalks. 2. The developer is aware that impact fees are due at the time of the building permit and those obtaining building permits will be expected to pay the appropriate amounts. 3. The developer is aware of the provisions of Colleyville's ordinances regarding perimeter street improvements and intends on escrowing whatever monies are required, unless the engineering department feels that it is necessary to use the amount the developer is obligated to pay under the ordinances of the City to construct turn lane(s) along McDonwell School Road. 4. The developer is aware of the parkland dedication fee and will be paying the appropriate fees prior to acceptance of the subdivision. Clayton, I appreciate the staffs time and consideration of this project, and if you have any questions or need any additional information, please feel free to call me. Sincerely, Goodwin and MaW ~ /l.p.J Edward W. Eckart, P.E. . EWE/jc MEMORANDUM TO: Barry LeBaron, Community Development Manager Dianne McWethy, Deputy City Manager FROM: Monica Sue Walsh, Parks and Recreation Manager rvUaJ DATE: May 13, 2002 SUBJECT: David Bagwell's Land Donation for Park Land On May 6, 2002, the Parks and Recreation Advisory Board voted unanimously to respectfully recommend against accepting Mr. Bagwell's park land donation in lieu of the park land dedication fee. ATTACHMENT - 1 D/1. \~ID BAC~'VELL :COl\lPAI'\Y June 18, 2002 Oayton Husband aty of CoIleyville P.O. Box 185 Colleyville, TX 76034 Dear Clayton, Enclosed are exhibits regarding our Whittier Heights final plat, which we would appreciate you distributing to the Planning & Zoning Commission as a part of the information they receive for Monday night's meeting. These exhibits show the twenty-four foot (24') pavement section and entry concept we propose at the intersections of Harmony lane and Haverhill Lane with Providence Road: 1) plan view of our entry concept at the intersection of Harmony & Providence 2) elevation of our entry concept at the intersection of Harmony & Providence 3) artist's interpretation of our entry concept at the intersection of Harmony & Providence We believe the twenty-four foot (24') pavement section provides special aesthetic qualities without sacrificing safety, and the endosed materials are intended to show this. (Please note the provision for two way traffic that allows adequate room for passage of a fire truck with an automobile stopped at the Harmony & Providence intersection within the narrow pavement section.) Although technically the narrower pavement section is not a platting issue, we request that the Planning & Zoning Commission provide its recommendation to the City Council in this regard and that the City Council decide on this matter simultaneous with dedding on the final plat we propose: Thank you for your consideration. Sincerely, Broadland Limited Partnership By: The David Bagwell Company, its general partner . DSB/pg End cc: Bill Lindley, City Manager ......-~...-.<------_....-- ,-.-- 8222 DOl.'GI..~s AVf. S'JITE 605 DALL"S, TEXAS 75225 214368-7711 I\krj;() 817 540-5500 FAX 214 368-7740 ,. 1"1 \ 5 rf-\ 12 fu-l\vll~: .1 i...sUO '-' -- ~ I >. ~) I ,r": I 'q tl JUN202002 , · L ~_./. b"';' '...... J I CITY OF COLLEYVILLE . COMMllNITY DEVELOPMENT CO:'>1MUNITY DEVELOPMENT ATTACHMENT - 2' -----~---........"" ATTACHMENT. 2 ::c I- o S . I- to <<;;t Z I NW ~ 2 W ~ Q.. : I co I to N (j) W N I- 0 0 Z 0 I w N - <.9 0 CD - > W 0 I ~ 0:: 0... co ....... W co I( >- = - ~ I- z . . I- 0 w -~ ....J I-~ <C $ <C 0 I en o ~ ~ C/) w I r- U I I Z <.9~ -> LU 0 I 0:: "",n..b u.. ..- ~ LU ro II L:: >- - r-z~ r- 0 .. _~w 5:- ~ ~ >I~ o / /; I ~/ ATTACHMENT-2 /- I ' I . " ~ ~o" p; 0'0''' -}~~ 0'0'" ~ ~ 1;>) .J ~ 0) .)0/ /)0 '-1 "'~ C( " "- " ..~ ~ "- "- "-" "- '~ " / " '<....J .... ~ ~ ~ .... Q \V ~ ~ ~ / / / () w ~ ~, r- Z D ~ \!) w ~vt>-~ i.fi Ul I\I-~ C) 'Tr:::tO...... o IL u:: C) IL It <{ IL l:t. r- I I I ATTACHMENT-2 en I- ~ IC/)~ f' n <X: a.. \""I X ~ -Wo W t- <.) I _-l w-l ...JUJ tV' ...J S: u.. - (.9 W> <( >-a:l -wo I- ...J 5> I- ...J <( _00 IU~ S r- 9 b N II EB.r::= 1:..... ~~ <X: U (/) . t>J ~~ --~ "O-,S;::- "ot,IS I "ol'oS -d:::. () () I m ~ IL () t- \J) \J) ill ill Ii t- D ill \J) () IL () Ii IL - -~oo J- >- ""r' Cf) Z ..J- <t: <( 0- c:> >< ~ -wo W~u ""r' _....J ..J- W ....J .....IUJ r..;.....I ~ u... - Co:) W> <( >-CD -wO J-.....I :> J-.....I <( _o~ Ie.) :c S t- z I.!) \J) \) LL LL <{ Ii t- q) .~ '\S -..{ oS \. lU '.) 'I::$' ~-- 9 o N II EB.I::.: ~: Z...J <( U Cf) ATTACHMENT-2 05/1B/20D2 14:42 214-35B-7740 DAVID BAGWELL COMPo PAGE. OJ J ATTACHMENT. 3 I i I I I I I I I I I I I I I I /I~ I "'I ~ I , ~ 1 'I Ui I ...., I .J ill "i o Z ill --. o I I m \ a: ~ \ . ~ \ () ,~o.Jd ('() 8NI>iCl'v'd H8C1nH8-S0l <,~ ~. ATTACHMENT. 3 .... ~ :.~ c-~ ~%~ :>c~ ~ ~ en ~ >- I(/)~ rn <( 0... '-I><~ -UJ 0 W~l) Iw::J -.JW rv-.J:5: U-,-0 W><t: >-CD -UJo ~-l> ~-.J<t: _o~ I():r S ~ City of CoIeyv. Vd.. 12651. Pg. 519 O.R.T.C.T. I I .;.., ~---~ N89-31'39"W ~.85' 10 Ill;> 5 r L indo S. Bater IIld Mtmt Frcri O. Balter. . Vol. 12408. Pg. 1954 O.R. I.e. T. \; ~~--~"" - 'WII'E"_._~__~:YO.... Y:..-~;oc: rz 'lI'!'.:J'l -y...~_.. r,._:.r /"101"'\ _;;J , __ _. . - ATTACHMENT - 4 .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 24, 2002 Z-02-017 - Public Hearing - Zoning Change from R40 to R20 Single Family Residential on 1.419 acres located at 2201 Hall Johnson Road STAFF REVIEW COMMENTS Steve Lancaster is the owner of 1.419 acres located on the south side of Hall Johnson Road, between Montclair Drive and Sycamore Drive. The owner has submitted a request to change the zoning on the property from R40 Single Family Residential to R20 Single Family Residential. The owner is seeking a zoning change in order to divide the property into two single-family lots in the future. There is an existing residence on the property, and several small accessory buildings. The R20 district requires a minimum lot width of 100 feet, a minimum lot depth of 125 feet, and a minimum lot area of 20,000 square feet. The existing property is 243-feet wide at its frontage on Hall Johnson Road, and the size and dimensions of the property are adequate for dividing the parcel into two lots. The surrounding property is single-family residential in nature. Property to the north, south and east is zoned R20 Single Family Residential, and is developed as single-family residences (Highland Meadows and Arbor Estates). Property to the west is zoned R40 Single Family and developed as single-family residences. IMPACT ISSUES 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future single-family residential area. The surrounding properties are also designated as single-family residential areas. 2. Surrounding Properties. The surrounding properties are developed as single-family residential areas. Highland Meadows, a 360-lot subdivision, is located across Hall Johnson Road from this property. Arbor Estates, a 111-lot subdivision, abuts this property on the east and south. The two properties to the west of the subject site on Hall Johnson Road consist are larger lots with existing residences. 3. Development Trends. The long-term trend forthis area is single-family development. Property in the area is generally suitable for that type of development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights- of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Agenda Item No. 3 - Page 1 5. Property Taxes. According to information available from the Tarrant Appraisal District, the 1.419-acre tract and house is appraised at $123,200. The estimated annual City property tax revenue generated by this property is $428. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the US and Canada since the 1960s, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. The following table shows the recent traffic counts for Hall Johnson Road during a 24-hour period. Location 24-Hour Total Date Bluebonnet Road intersection 9,574 vehicles 2002 Amador Trail 9,982 vehicles Seot2001 WindinQ Trail 9.095 vehicles Seot 2001 Staff mailed 18 notices to adjacent property owners regarding this request. As of the time of the agenda preparation, no correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: June 24, 2002 City Council: July 16 and August 6, 2002 RECOMMENDATION: Approval ATTACHMENTS: · Location and Zoning Map · Zoning Exhibit · List of Property Owners Notified · Draft Ordinance Prepared by: C t\' ~~ J. Clayton Husband, AICP Development Coordinator Agenda Item No. 3 - Page 2 (Sl N N N a: ['.. lO '- lO M a: If) M ") If) (; ~1 B :;; $ a: ) ?"- m IS) a: - () "<T M N" a: - ./;1, ~ ~.?- ..,..,i(~ ~Q~~W ) I"- a: OJ -< IS) a: -< ...... () I ;<.., "'.. a: lO ~~ If) n "<T ~ M 0C1i3~, N N a: M ['.. "<T 0;; ':~ (Jgb_~~ ~.,.,'H Q~~'H"lti . If) "<T M N ~~ ~:-:.:; ij ['.. I \ '2-< IS) ~ - ~ . M a: () (SlU .. \f). ~ a: "":<r: I- C-p. \, .....:lp. IS) 4i ~4 a: ~ I- a: - ~ ~ IS) () Q) c.D "Z&c '3~oVi'9?k> LD N "<T N () o-l CD N t IS> N N D tll N N 1 {) ~ VJ C! :% ';Z.. ~ N g ...-~ \. u ~ t') N~ """') -1 N U 0 -IS) 4- N J """') <J: """') ~ a:- 4 () (Sl I- ~)) a: CD a: - l- I- a }lQ 111 'f"?J.~oW ~)fJSf; ~~~ ~ 0' ,.)."'" r u.....~.- rrl <l' .... "'" (l'l ->> ~<tl '-!) _. o~ ,- ~ . ~ ~ (QJ \" ~ - '$ ......C""l lO cP Q) m ~~"~\ a: ~N~\0 I- ~IS) \" o~ ~ ......... 0 ~ u k- a: m <J: ~ 1--['.. N I",' '_. " ~~ <tl U" .....~ C" ,.). 0:- <l' '6u <' ...""" In U <J: -1 -['.. . ['.. 0::. I- ...... CD :_/ / " 1I"f~.!! d ~ ~ ;;..~-.;, 5~~ 5~. . ":U ~~~ ~~~ - "" ~~~ ]~~~ :;.jit:p..~ ~ ff S ~ ~ 2: ~ ~ ~ ,5 Q 'll:t o a: ~ " .....0 0(1)- ~~ o "") ..... ..... ~ ~jG ~,. :6;'>-", d.-.r.v.~ "'i<:>~ UJ I:'I~ I'...... I~~ . 0 '..:.1 , ~ I lOLl ;j~ > >--" ~c. --l o ' U~ ,,"C\l~ 0:::0 :;:.-. . E- 1 t:c3~ .1 u>o ,,'I 1'1 'I =t ....Ava 119.8' ARBOR ESTATES 11I BLOCK 2 CAB A, SLIDE 2357 CD C\l '--orl ~" >:L,~ ~~~g \ <L ~ 1 i? I 1 i,-,-,l J I , , r- C\l I I - - _~ j- -- _-8 -:xr ~-:oo-: w- 267.12' II' I ,~ 120.1' ": <:- 28.9' .. .. II: U e~:J '''is! ~IQ:: o II: ;. :; 28.S' in :! "'" ~ 258.70' JJ S12' AT_OO~ ~ - - TOMMY BURNS ADD LOT 1. BLOCK 1 VOL. 388-136, PG. 21 ~ >: ~ 0 "8~~ --91 Ll ~~l$ ~ ~~o~ ~~z~ ~ ~ ~" ;~ " ~ o " LD C\l ~ l.i..-....~ It'ol4J ~~j SOoo ",. I " 1'1 I: , I "I II I I. I 'I dll are. '. ~r: il ! ,I 5~e I ,. <--C"lU I I ~a:~ , :I: , t:~ o<{) I lOLl"" I ,j ~ 0 ~ > o ~ u I"- _ l() M rn C\l ~C\lw o~:>::e C\l&JgCi5 -l n::m.,: o m m n:: <: <: u I I I I I I I I ~ Ji g~ ~ ~o . :d~-l ~~.....- ;"01.. ..!:''''~ ~~~~ Robert & Nancy Jackson 4305 Eaton Circle Colleyville, Texas 76034 Edith Burton 5613 Montclair Drive Colleyville, Texas 76034 Warren Elrod 2105 Ballantrae Drive Colleyville, Texas 76034 Mark & Barbara Maness 2107 Ballantrae Drive Colleyville, Texas 76034 Nathan & Nancy Nechamkin 2109 Ballantrae Drive Colleyville, Texas 76034 R. F. & Marie Epperson 2201 Ballantrae Drive Colleyville, Texas 76034 William & Paula Mozek 2203 Ballantrae Drive Colleyville, Texas 76034 Johnny & Donna Turner 2205 Ballantrae Drive Colleyville, Texas 76034 Robert & Carla Stites 2309 Mulbeny Court Colleyville, Texas 76034 S. Craig & Dierdre Lemmon 2305 Mullbeny Court Colleyville, Texas 76034 Richard & 1. Schwa1enberg 2301 Mulbeny Court Colleyville, Texas 76034 Gary & Kathy Friedman 2300 Mulbeny Court Colleyville, Texas 76034 Estin & James Isakson 2304 Mulbeny Court Colleyville, Texas 76034 Michael & Deborah Lewis 2308 Mulbeny Court Colleyville, Texas 76034 John & Susan Bailey 5704 Sycamore Drive Colleyville, Texas 76034 John & Diane Rogus 5708 Sycamore Drive Colleyville, Texas 76034 Esther Donnell 5712 Sycamore Drive Colleyville, Texas 76034 Tommy & Sheny Burns 2113 Hall Johnson Road Colleyville, Texas 76034 Case Z-02-017 (Notices dated: June 14,2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy ~ Planning Brloning Assistant ORDINANCE 0-02-xxxx AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 1.419 ACRES OUT OF THE S.C.H. WHITTEN SURVEY, ABSTRACT 1619, FROM THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE R20 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning district change was filed by Steve Lancaster on May 31,2002, under Case Number Z-02-17; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds attached as Exhibit "B", by changing the zoning of said property from the R40 Single Family Residential district to the R20 Single Family Residential district. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. Ordinance 0-02-xxxx Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney .~ Te:la8 PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 24, 2002 G-02-008 - Consideration of an amendment to the Colleyville Land Development Code, Chapter 7 - Sign Regulations - to permit "Grand Opening" signs for a temporary time period. STAFF REVIEW COMMENTS: In the last few years, as Colleyville's commercial development continues to expand, staff has received a number of requests for "Grand Opening" signs. Unfortunately, these types and other similar signs have not been included in our Sign Regulations since they were first prepared in 1991. In 2002, the City Council appointed a citizens committee to evaluate the commercial, zoning-related, "design" ordinances along Colleyville Blvd. in advance of the rebuilding of the highway. One of the results of those meetings and recommendations that were made to the City Council in January, was to rewrite the Sign Code. Staff is currently redrafting that ordinance and is now preparing for a City Council workshop in August. However, requests have been made from several businesses to allow "Grand Opening" signs now, and the City Council has been made aware of this issue. As a result, the staff has been asked to prepare an amendment and bring it forward at this time. The proposed ordinance follows this briefing, but in summary it permits: . Eliqibilitv: a substantially remodeled or new business that has just been issued a Certificate of Occupancy is eligible to receive a permit for a "Grand Opening" sign. . Allowable Siqns: these may include pennants or balloons and one Temporary Business sign which may be placed off-premise with permission of the property owner on which the sign is placed. . Duration: these signs shall be valid for a period of thirty calendar (30) days. RECOMMENDATION: Approval ATTACHMENTS: . Proposed Ordinance amendment Prepared by: ~~~c.-- Tom Niederauer, AICP Senior Planner Agenda Item No. 4 - Page 1 ORDINANCE 0-02-ZZZZ AN ORDINANCE AMENDING CHAPTER 7 OF THE COLLEYVILLE LAND DEVELOPMENT CODE BY MODIFYING SIGN REGULATIONS PERMITTING TEMPORARY "GRAND OPENING" SIGNS, AND PROVIDING FOR PUBLICATION. WHEREAS, certain provisions of the Sign Code are in need of modification or clarification; and WHEREAS, the City Council finds that in order to promote the purposes stated in this ordinance, the passage of this ordinance is required; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 7.7.E Limitations on Temporary. On-Premise Siqns of Chapter 7 "Sign Regulations" of the Colleyville Land Development Code be amended to add subsection (i) to read as follows: i. Grand Openinqs - The purpose of the Grand Opening signage provision is to allow the enforcement official to issue a permit to a new business, or to a business that has substantially remodeled, as defined herein, for the purpose of obtaining special advertisement signage for a temporary period. The following regulations apply to Grand Opening signage permits: 1. Eligibility: Upon issuance of a Certificate of Occupancy and within one year thereafter, a business shall be allowed to receive a Grand Opening Sign permit when one of the following conditions applies: a. When a Certificate of Occupancy has been issued to the new business, or b. When a Certificate of Occupancy has been issued to an existing business, which has substantially remodeled and the cost of the renovation exceeds sixty (60) percent of the current value of the building, or lease-space, excluding the value of the land, according to the most recently approved tax roll. 2. Allowable Signs: Signs may include a combination of advertising flags, pennants, streamers, tethered or inflatable balloons no larger than a capacity of three (3) cubic feet of air, and one (1) temporary business sign. One balloon larger than a capacity of three (3) cubic feet of air may substitute for the Ordinance 0-02-ZZZZ Page 2 of 2 temporary business sign. A temporary business sign may be placed off-premises with the permission of the property owner during the period of the Grand Opening Sign permit. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. a. Temporary business signs shall not to exceed sixteen square feet (16 s.f.) in area nor six feet (6') in height. These signs must be affixed to the ground and may not be portable. 3. Duration: A Grand Opening Sign permit shall be valid for a period of thirty (30) consecutive calendar days. No permit fee shall be required for a Grand Opening Sign permit. The use of a Grand Opening Sign permit shall have no affect on the number of subsequent temporary sign permits that may be authorized for a business occupancy. Exception: A permit for a search light shall be a separate permit and not be granted any rights authorized under the Grand Opening Provisions of this Section. Sec. 2. THAT any person who violates any provision of the Sign Code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than $500.00 for each offense. Each and every day that a violation to the Sign Code continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,2002. day of The second reading and public hearing being conducted on the ,2002.' day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney .~ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: June 24, 2002 General discussion regarding the Master Plan This item was placed on the agenda at the request of the Planning and Zoning Commission. Prepared by: Olt @ J. Clayton Husband. AICP Development Coordinator Agenda Item No. 5 - Page 1