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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-12/16/2002 city of Planning & Zoning Commission Agenda - December 16, 2002 Page 1 of 1 Texas AGENDA PLANNING AND ZONING COMMISSION City Hall - 5400 Bransford Road Monday December 16, 2002 REGULAR MEETING: 7:00 P.M. Call to Order: Roll Call: Invocation: Chairman Wall Commissioners Bruce Kelly, Bob Culley. Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall Commissioner Byerly Pledge of Allegiance Approval of Minutes: December 2,2002 Citizen Comments: Regarding items not on the following agenda 1. Case Z-02-036 - PUBLIC HEARING - Special Use Permit for an Accessory Building on Lot 11, Block 2, Highland Acres located at 305 Timberline N. 2. Case Z-02-028 - PUBLIC HEARING - Zoning Change from AG to PUD-R Planned Unit Development Residential on 3.561 acres located at 414 W. McDonwel1 School Road 3. Case Z-02-034 TABLED ITEM - Zoning Change from AG to PUD-C Planned Unit Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard, north of Tarrant Lane 4. Staff comments. reports and discussion items. 5. Commissioners' comments and reports. ADJOURNMENT I certify that this agenda was posted on the Bulletin Board at City Hall on Friday, December 13, 2002 at 4:30 p.m. q-- Jan Levy, Planning and Zoning Assistant P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 PLANNING & ZONING COMMISSION Meeting Minutes - December 02, 2002 Chairman Jeffrey Wall called the regular meeting of the Planning and Zoning Commission to order at 7:00 P.M. on December 02,2002. Roll Call: Present: Bruce Kelly, Bob Culley, Earl Swift, Jeff Byerly. Bud Sellers, Mark Jones. Jeff Wall Staff: Barry LeBaron. Clayton Husband. Jeff Jones, Jan Levy Invocation: Chairman Swift Pledge of Allegiance Approval of Minutes: November 11, 2002 Commissioner Swift moved to approve the minutes of the November 11, 2002 meeting as corrected (strike Culley from the vote on item #5). Commissioner Culley seconded the motion. The motion passed by unanimous acclamation. 1. Case P-02-045 - Minor Plat of Lot 3R. Block 2, Thompson Terraces, 0.4841 acres located at 5009-5013 Thompson Terrace Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Chairman Wall asked questions about the variance the applicant requested from the Zoning Board of Adjustment and there was discussion about the Board's authority to approve variances and the Commission's authority to approve plats. Commissioner Kelly moved to approve the plat. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 2. Case P-02-046 - Amended Plat of Lots 40-R-1 and 41-R-1 , Village at Colleyville located at 85 and 97 Piazza Lane Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There were no questions by the commissioners. Planning & Zoning Commission Minutes - December 2, 2002 Page 1 of 8 - Draft #1 Commissioner Byerly moved to approve the plat. Commissioner Jones seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 3. Case Z-02-034 PUBLIC HEARING - Zoning Change from AG to PUD-C Planned Unit Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard. north of Tarrant Lane Clayton Husband presented the case to the commissioners and reviewed the staff briefing. There was discussion about the access from Colleyville Blvd. to the property and the location of the current automotive business. Chairman Wall opened the public hearing. Those present wishing to speak were: Dwayne Young. 608 Sabine Court. Hurst, the applicant for the case. Commissioner Sellers asked Mr. Young about the communications the developer had with the surrounding property owners. Mr. Young said that in response to the communications with the residents in Ross Downs, the developer relocated the automotive use from where it was on the original site plan to a location farther away from the homeowners. Commissioner Jones asked Mr. Young about the plans for the fence between the commercial businesses and the residential areas. Mr. Young said that they will replace any existing fence with an 8-foot wood fence and that was acceptable to the homeowners in Ross Downs. Commissioner Sellers asked Mr. Young about the kinds of businesses he plans on locating near the residential property. He responded that they plan on locating offices with warehouses in that location similar to the business at 1900 & 1904 Industrial Blvd. He said they will landscape the front of the buildings and the buildings would face toward Highway 26. Commissioner Jones asked Mr. Young about the access to the property. Mr. Young said the access would be off the old Ross Downs entrance and there will be a quit claim filed prior to the plat being brought to the City for consideration. He said they will improve the area and they don't want any existing buildings along Hwy. 26 to lose access from the old Ross Downs roadway. He said they will improve the property where the access is located, not the entire length of the property. Mr. Young pointed out on the overhead where they plan on having access to the property. Commissioner Swift asked about the proposed tenants. Mr. Young said they would keep one automotive shop so that Hodges Automotive could continue with their business. He said the other tenants would be similar to the businesses on Industrial Boulevard. Commissioner Swift expressed concerns about the intersection that would be created on Highway 26 for access to the property. He said the condition of the current roadway is dilapidated and should not be used to Planning & Zoning Commission Minutes - December 2, 2002 Page 2 of 8 - Draft #1 access the secondary entrance. He recommended that the applicant improve the entire roadway along the property. Chairman Wall said there was a letter from Bill Ingle in the packet it said they would target retail showroom businesses and requested businesses that are allowed in CC1 & the ML districts to be allowed. Chairman Wall said that he would like to see convenient stores and veterinarian offices with kennels not be allowed. The applicant said it would be all right with him if they eliminated those uses from the PUD-C. Mr. Young said they also wanted retail so that future retail tenants would not have to get a Special Use Permit every time they wanted to locate in the center. Jim Graham. 6616 McMakin Court, said he had issues with the original site plan and was satisfied with the applicant relocating the proposed automotive business. He said the fencing and drainage plans were acceptable to him due to the proposed project being located at a higher elevation and the water will drain toward Highway 26. Mr. Graham asked if Hodges Automotive would relocate within the development. where would they conduct business in the interim? He said the neighbors agreed that if anything is built on the property, it would be better than the current conditions. He said that he would like assurance the City will enforce the codes so the property does not fall into disrepair like the businesses that are already there. He told the commissioners that the applicants held a meeting for the residents in the area in early November and he was the only one from the area who attended the meeting. Antionetta Mooney, 404 Oak Valley Drive, indicated on the map that she owned the property that is located in front of the proposed access. She said the road behind her property is not a dedicated road and she owns % of the roadway. She said she owns the piece they want to build an access on and she has a deed that says she owns the road. There was discussion by the commissioners. Ms. Mooney, staff, and the applicant about the roadway. Kenneth McEntire, 6608 Baker Court, said he lives behind Mr. Hodges business and has had many fence problems. He said a wooden fence is not acceptable to him and with additional uses. there will be additional problems. He said the City does not enforce the Agricultural zoning district regulations on the property now. so he is concerned they will not enforce the regulations for other businesses. Mr. McEntire said access to the property is a problem and a vehicle will have to make a 180-degree left turn from the property when it exits to the south. He said this property is significantly higher than the residential property and drainage is a problem. He suggested that a masonry fence would help block the water. Bill Ingle, 7510 Davis Blvd., said he did not realize that Ms. Mooney owned the property and he spoke with Mike Foster who has a business on her property and everything was fine with Mr. Foster. He said he will discuss their plans with Ms. Mooney and they will be surveying and preparing easements for the entrance. He said there are other options available to them if they need to move the entrance to the property further south on Mr. Charlie Daniels property. He said they sent notices to the residents on Baker Court, McMakin Court and three properties on Tarrant Parkway and only one person showed up at the informational meeting. Mr. Ingle said they plan to build an eight-foot cedar fence with capstones. He said this will be a $4,000,000 project and the engineering will be done at time of platting. He said there will be no kennels and they want businesses that need a showroom in order to take care of a niche. He said Planning & Zoning Commission Minutes - December 2, 2002 Page 3 of 8 - Draft #1 they will rent for $12.50 to $13.00 per square foot and those kinds of businesses will generate tax revenues for the City. Mr. I ngle answered questions by the commissioners regarding signage and access. He said they must have a nice entrance in order to sell the development. He spoke about the businesses at 1904 Industrial Blvd. and said the owner of those buildings plans on developing this project. There was no one else present wishing to speak, and Chairman Wall closed the public hearing. Commissioner Sellers asked Fire Marshall Jeff Jones about the secondary access and the roadway. Jeff Jones said the fire department is not opposed to the zoning and they will address the access and roadway locations at time of platting and site plan approval. Barry LeBaron gave background on the project and said ideally all of the surrounding properties that face on Highway 26 should package the zoning change together, but that would not happen. He said the commissioners should envision what the proposed development would look like and if they would want a dedicated street up to the second entrance they need to make it known to the developer and possibly resolve that issue at the time of zoning. He said that even though this is a land use issue. they need to let the developer know what their expectations are so the developer can decide if he should proceed with the project. He said those kind of issues need to be resolved up-front. He addressed concerns about non-conforming uses in the current AG zoning. He advised the commissioners that they need to tie down the location of the auto use within the development. address the access locations. fire lanes. and uses. Commissioner Kelly asked questions about the kinds of restrictions they can put into the PUD ordinance. He said the kinds of lighting and the hours of operations for businesses within the development needed to be addressed by the developer. Commissioner Kelly said the developer needs to come to them with specifics so the commissioners don't have to design the project. He said he would like to see the following issues addressed: types of lighting, especially as it affects the homeowners at the back of the development; hours of operation; types of establishments not allowed by eliminating the unacceptable uses in the ML and CC categories; a fence design that is acceptable to the neighbors; access, including the intentions for a roadway and the type of roadways to be constructed to and within the development; and the exact location of the automotive business within the development. Commissioner Jones said they need to encourage the developer to come back with a pro-active approach rather than the commissioners taking a restrictive approach. Commissioner Sellers said if they want the developer to come back at the next meeting, they needed to give him directions. Commissioner Sellers said the drainage will be taken care of at the time of platting. and said he felt they needed more information from the developer. Commissioner Culley moved to table the item. Commissioner Culley withdrew his motion and asked that the rules be suspended so that the developer's representative could speak. Commissioner Jones seconded the motion to suspend the rules. The motion passed by acclamation. Planning & Zoning Commission Minutes - December 2, 2002 Page 4 of 8 - Draft #1 Bill Ingle asked the commissioners to give him direction as to what uses they would not like to see operate within the development. They were: building material sales with outside storage; veterinarian office with kennels; and pawn shops. Commissioner Culley moved to table the item. Commissioner Sellers seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 4. Case Z-02-035 PUBLIC HEARING - Amendment to the PUD-R (0-02-1364) for Lonesome Dove Estates Phase 3, 19.405 acres located on the south side of L.D. Lockett Road near Precinct Line Road Clayton Husband presented the case to the commissioners and reviewed the staff briefing. Commissioner Culley asked staff if any part of the open area is included in the detention plan. Staff said that part of the PUD-R did not change. They said the only change on the development was the lot that was designated for commercial use on LD. Lockett. Commissioner Culley said he has had feedback from citizens that including detention ponds within subdivisions as open space does not lend to recreational uses. He asked staff if that was the intent of open space within PUD's. Staff responded that over the course of time the use has developed that way and the implementation of the drainage policy encourages that kind of use and it is often times more desirable to have a more passive use than an open park. Commissioner Jones asked staff about staffs recommendation. Staff explained their position and said that when the developer was before the City Council. there was discussion about eliminating the commercial use entirely from the development. It was decided that the developer should proceed with the zoning as it was presented to Council and then amend the request at a later date. Chairman Wall opened the public hearing. The public hearing was closed because there was no one present wishing to speak. The developer's engineer, Joseph Rueu, Washington & Associates, was present at the meeting and the commissioners did not have questions for him. Commissioner Jones moved to approve the amendment to the PUD-R. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None 5. Case Z-02-029 TABLED ITEM - Special Use Permit for an accessory building on Lot 1, Block 3, Sunrise Terrace Addition located at 1205 Glade Road Planning & Zoning Commission Minutes - December 2, 2002 Page 5 of 8 - Draft #1 Commissioner Jones moved to remove the case from the table. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He distributed e-mails he received with concerns by people who spoke at the previous meeting. Terry Grisso. the applicant, was present to represent the case. He responded to Commissioner Swift's comments about the garage being used only for residential purposes and said there would be no commercial use of the garage. Mr. Grisso said the garage is smaller than the house and there are already four metal garages in the block. He said there is a metal garage with a slanted roof that looks like a lean-to located one block over on Oak Timbers. He said that he plans to incorporate designs so the garage will look good. Commissioner Swift said there is a common theme that he has heard from the neighbors and that is the number of cars and the condition of the cars. He said the applicant mentioned that he has two cars that are registered out-of-state and that is illegal in Texas. He discussed with the applicant the type of driveway that is planned and the location of fencing. Mr. Grisso said he plans on having a gravel driveway and will keep all cars inside the garage. He said there will be a six foot fence and indicated the location on the overhead. Commissioner Culley asked the applicant what the distance is from the proposed garage to the neighbor's house. Mr. Grisso responded that the distance will be approximately seventy feet and the neighbor has not responded to the notice of public hearing. Commissioner Sellers asked Mr. Grisso if he plans on using brick facing to match the house. Mr. Grisso displayed a picture of the proposed garage and said he may place brick on the garage in the future. Mr. Grisso told Chairman Wall that he planned on using gravel up to the garage and did not plan on having a concrete apron. He said he has a gravel circular drive in front of his home. Chairman Wall said the neighbors want assurance there won't be six vehicles in the garage plus another six cars on the property. The applicant said he does not plan on having any outside storage. The commissioners entered into discussion with the applicant about placing restrictions in the ordinance to limit vehicles; building design; driveway materials, the aesthetics of a metal building; and the need to brick a portion of the building. Commissioner Swift said he felt the following conditions needed to be met: the applicant would pave the driveway off the main road, the garage roof would match the house using similar shingles, the street side of the garage needs to be bricked; the columns between the garage doors need to be bricked; the exterior walls need to be ribbed 29 gauge panels painted to match the house; and the 8' by 8' tin shed needs to be removed. Following discussion, Commissioner Swift moved to approve the Special Use Permit with the following conditions: " the applicant will pave the driveway off the main road; Planning & Zoning Commission Minutes - Oecember 2, 2002 Page 6 of 8 - Draft #1 . the garage roof will match the shingles on the house; · the street side of the garage will be bricked; · the columns between the garage doors will be bricked; . the exterior walls will be constructed of ribbed 29 gauge panels painted to match the house; and · the 8' by 8' tin shed will be removed. Commissioner Sellers seconded the motion. The vote being: Ayes: Kelly, Swift, Byerly, Sellers, Noes: Culley, Jones, Wall [Note: The motion to approve passed. The City Charter states, "no action shall be approved with less than four (4) affirmative votes. '] 6. Staff comments, reports and discussion items: Staff informed the commissioners that staff would be meeting on Thursday regarding the Master Plan schedule and would advise them of upcoming meetings. 7. Commissioners' comments and reports: Chairman Wall asked the commissioners to keep time open for Master Plan meetings. ADJOURNMENT: The Commission moved to adjourn the meeting at 9:10 p.m. The motion was seconded and passed by acclamation. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Planning & Zoning Commission Minutes - December 2, 2002 Page 7 of 8 - Draft #1 Approved on: NO TE: As a matter of public record, an audio recording of this Planning and Zoning Commission meeting is available upon request. Planning & Zoning Commission Minutes - December 2, 2002 Page 8 of 8 - Draft #1 coen@ Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 16, 2002 Z-02-036 - Public Hearing - Special Use Permit for an Accessory Building on Lot 11, Block 2, Highland Acres located at 305 Timberline N. STAFF REVIEW COMMENTS Carl Callaway is the owner of a house located at 305 Timberline North. The owner has submitted a Special Use Permit (SUP) application to construct an accessory building on the property. The owner proposes to construct a 720 square foot, single-story building on the property. There is a 1,200 square foot detached garage already on the property. The accessory building regulations include size and location standards. All requests to exceed the base standards must be authorized by a Special Use Permit approved by the City Council. A comparison of the regulations and the proposed building is shown below. The proposed building meets all the requirements of the regulations except for the building size. The applicant has requested a waiver from this requirement. as allowed by the Code. ACCESSORY BUILDING ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1. Maximum Size 1,000 sf for 0.5-0.99-acre lots 1,920 sf 2. Max. Number of Buildings 3 2 3. Side Setbacks 5 feet 10+ feet both sides 4. Rear Setback 5 feet 25 feet 5. Max. Height Not to exceed height of main building complies The allowed size of an accessory building is based on the size of the lot. In addition, the total square footage of all accessory buildings cannot exceed the maximum allowed size unless approved by SUP. For lots between 0.5-acres and 0.99-acres, the size of all accessory buildings is limited to 1,000 square feet. The applicant's lot is 0.88-acres in size, or 38,479 square feet. There is an existing building on site that counts towards the total allowed square footage. With the existing building and the proposed building, the total square footage of accessory buildings proposed is 1,920 square feet. The applicant is requesting a waiver of the size requirement to allow both buildings as proposed. Drawings of the building are attached. The building, as proposed, would be constructed of a painted metal exterior (white walls with green/gray trim). with two garage doors and one standard door. The roof is proposed as a white metal panel roof with a 7: 12 pitch. The overall height of the building is approximately 17 feet to the top ridge of the roof. Agenda Item No. 1 - Page 1 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. 2. Surrounding Properties. Most of the surrounding properties are developed as single- family residences (Highland Acres). The properties are zoned R20 Single Family Residential. 3. Development Trends. The long-term trend for this 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. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $245,000. The estimated annual City property tax revenue generated by this property is $851. The addition of the accessory building could have a positive impact on the appraised value of the property. 6. Traffic Generation. The addition of the accessory building will not have an impact on the traffic generation in the neighborhood or local area, as the building is a private garage for use by the residents on the premises. 7. Public Notification. Staff mailed notices t013 adjacent property owners regarding this request. Notice was published in the Fort Worlh Star- Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Staff's recommendation of denial is based on the proposed building not complying with the Land Development Code. Since the SUP for this particular use has little impact on land use decisions or requirements, but may be important to those living nearby, staff believes the opinions of the area property owners should be the most important factor in whether to grant the Special Use Permit. Since the request is an SUP, conditions may be imposed that are different than or in addition to the normal requirements of the Land Development Code, provided the conditions are intended to reduce the negative impacts on the adjacent property. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: December 16. 2002 City Council: January 7 and January 21, 2003 Agenda Item No. 1 - Page 2 RECOMMENDATION: Denial, due to technical non-compliance with the Land Development Code ATTACHMENTS: · Location and Zoning Map · Information from Applicant · List of Property Owners Notified Prepared by: Agenda Item No. 1 - Page 3 6 TR IAIA 2.. At \jC C~O~\)\)~&.l TR 111'5 ).851 ~C 13.."'. . TR JA e6J PC ~;.~A~ 111 IAJA 1.22 K. TR IAJ8 .482 II TR 1F'2 I.. At fA lFJ .74 N:. '" .- - - '" I '" '" )211 ,. 1R 3 . . 6 7 8 . II II 12 I] I< " 16 " <( 1"1 0 " 4 ~ U :l2 38 2'1 liiL J~ .C' 'l' IV LJ' ---0A\0)- ~ 26 2. 23 2lI '" 22 21 31 2. I QAK VAL~ Y DR v ALtP,y Dr"". flAK 01\ 2 3 38 12 13R II II 12 11 II q QIo 7 - ..~~ S~ / ,,~ · . . A,rp'- ""O()' 1\ I-~~r- \'i30~ 'II tdflEJ~LJNE Df! ~_ I ~13 ~ . AI f-- A2 N I lAAt.T Al I 1.1135 . rnj!l.cr AI 1.1t35 . I ! n 21 2' 22 I II fR !i0 . 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'I iI; ~ I;i! )'f Ii ~ u I"" i t, ~,j,: ~:-t ..;K (----' l~' "?I~ 1)' ~ " ,- ., , ,-;\1:' I I lo.;:, it> . - '<l I . ...J " ~ " '<J ..\ ~ .~ ~'\.. ........ .,," o '\l , " -2 ," '1~~ ;. .. ,"I- l';. ."",1 .'t' \ c-. ~ l 1 / 1.1\ ~ 'l.{:t ~'l. 'Jl. # Ln ~ -t. J y>~ Wi Jt4l aM> JiUII!eil " ~ f"""UJd, ~ il- 'I;.t4ltt "Nt "" ,/' J i , ---'-1 _............_.~......---. ---. - --~...~- _.-~-_...._---_.._--~ '-"~- -~ ,',- '" I i - ! 1 -t.- O) ,p l..J( ~. \,) .r- - ('1- ~ , .'-.. .. '-..-...... r / ..:.v- I (1'. 0 '(,0 r-- ~ ! "'t" '\ 0' , if _.. ~ / ~ i \ I L ! i I. I 1_ \.. i.:-..... ---...., -: ~ 7' OV\ '.b Q . , "'- '-:, '-'l ~ ' . ~ - ........ u..... "'. i \ il _ --tl' r-u....~ 11 .D~ Ii L. . ~=-~----1i .-..-- II 1.1 t t t; ; ~ II .~ ; -{ t ~ i! It i: H j i t L ! ! i ! I I Ii \ I I 9 ! ; .1 ~:; .~)I i l~ David Pillow 312 Timberline Street S. Colleyville, TX 76034 Florence Gibson 309 Timberline Drive N. Colleyville, TX 76034 Richard Larkin 308 Timberline Street S. Colleyville, TX 76034 Carl & Barbara Callaway 305 Timberline Street N. Colleyville, TX 76034 Lillie Parker 304 Timberline Street N. Colleyville, TX 76034 Dorothy Osborne 301 Timberline Street N. Colleyville, TX 76034 Terry & Robin Crunk 405 Bridlewood S. Colleyville, TX 76034 Donald & Ann Hardage 213 Timberline Street N. Colleyville, TX 76034 Patrick Allen 212 Timberline Street N. Colleyville, TX 76034 B Owings & L Bargsley 312 Timberline Street N. Colleyville, TX 76034 Charles & Wilma Thompson 308 Timberline Street N. Colleyville, TX 76034 Jeanne Batts 304 Timberline Street N. Colleyville, TX 76034 Fred Rushing 300 Timberline Street N. Colleyville, TX 76034 Daniel & Lisa Collins 212 Timberline Street N. Colleyville, TX 76034 Case Z-02-036 (Notices dated: November 25.2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitJand-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy ~ Planning & Zoning Assistant (Q.~ Tex.as PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 16, 2002 Z-02-028 - Public Hearing - Zoning Change from AG to PUD-R Planned Unit Development Residential on 3.561 acres located at 414 W. McDonwell School Road STAFF REVIEW COMMENTS Linda and Frank Baker are the owners of 3.561 acres located on the north side of McDonwell School Road, immediately west of Fire Station NO.3. David Bagwell. with Broadland Limited Partnership, proposes to develop the property for single family residential uses. Mr. Bagwell has submitted a request to change the zoning on the property from AG Agricultural to PUD-R Planned Unit Development Residential. The subject property is 3.561 acres in size, and is currently developed as a single family residence with associated agricultural uses. The developer proposes to construct 8 single family lots, with a minimum lot size of 15,134 square feet and an average lot size of 16,00 square feet. The development is proposed to be a second phase of Westcliff Addition. The surrounding property is single-family residential in nature. Property to the south. across McDonwell School Road. is zoned R30 Single Family Residential and is developed as single-family residences. Property to the north is zoned PUD-R and is presently vacant, but is proposed for development as single family residences (Westcliff Addition). Property to the west is zoned PUD-R with a church building under construction. Property to the east is zoned AG and is the location of Fire Station No.3. The proposed layout shows eight residential lots. The lots are located on the east side of Newkirk Lane. There is a 20-foot wide open space area along the east side of Newkirk Lane between the front property line of the lots and the street right-of-way; as shown, the lots do not have frontage on the public street. The developer is working with the LDS church, who owns the 20-foot wide open space area. to possible purchase the open space area or secure a blanket easement to allow the lots to front the street. While this issue has little effect on the zoning of the property, the developer will not be able to plat the lots until this issue is resolved. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan indicates the future use of this area as single family residential. Given the location of the property and surrounding development, it is likely that the trend of single-family development will continue in this area. Density. When considered as a stand-alone project, the rezoning request and the proposed preliminary plat exceeds the recommended maximum residential density established by the Colleyville Master Plan. The Master Plan suggests a maximum density of 1.8 dwelling units per acre; the proposed density of this project is 2.25 dwelling units per acre. The attached ordinance would allow the overall density of Westcliffto be calculated Agenda Item No. 2 - Page 1 overthis phase, Westcliff Phase I and Old Grove, which generally covers the entire PUD-R area originally approved in April 1999 (Ordinance 0-99-1153). When calculated over this larger area. the density of the Westcliff/Old Grove project is 1.66 dwelling units per acre. Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet, provided the average lot size is 16,000 square feet. This particular phase of Westcliff has an average lot size of 16.000 square feet. The proposed lots are 80 feet wide, and the PUD-R regulations require 100 foot width. The attached ordinance establishes the required average lot size for Westcliff Phase II at 16,000 square feet, and a minimum lot width of 80 feet. The lot sizes and widths are consistent with the approved regulations of the Westcliff/Old Grove project area. If calculated over the Westcliff/Old Grove project area, the average lot size is 16,003 square feet. Open Space. The PUD-R regulations require that 20% of the land area be dedicated as open space for the use of the residents in the development. The open space also offsets the smaller lot sizes allowed in the PUD-R. This phase of the project provides 27,120 square feet of open space, which is 17.5% of the residential project area. When viewed within the limits of the overall project, the total open space provided in the Westcliff/Old Grove project area is 24.95 acres, or 24.3% of the total development. Preliminary Plat. The zoning exhibit for this request is considered a preliminary plat. The preliminary plat review included general plans for streets, water, sewer and drainage. There are no significant issues outstanding with these items. Sidewalks and Trails. The attached ordinance will require the developer to construct a 5- foot wide sidewalk adjacent to the north side of McDonwell School Road. The ordinance also allows the developer to escrow money in lieu of construction or construct a 10-foot wide trail at this location. The LDS church is responsible for the construction of a 1 O-foot wide hike and bike trail on the east side of Newkirk Lane. If the open space area is incorporated in the residential lots. the hike and bike trail should be built when the house is constructed on the lot. SPECIAL CONDITIONS As part of the application, the developer submitted a proposed set of special conditions for the project. The conditions ultimately become part of the PUD-R ordinance for the property, as do any conditions required by the Planning and Zoning Commission or City Council. A copy of the proposed conditions from the developer is attached. The attached draft ordinance incorporates many of the special conditions, but does not include all conditions. There are several conditions that are inappropriate for a zoning ordinance or are not necessary as they are already covered by the Land Development Code. The developer has requested that only the special conditions be included in the ordinance as originally submitted. The following are comments on the conditions not included in the draft ordinance. The developer requests that these conditions be included in the ordinance. The language proposed by the developer is noted in italics. Agenda Item No. 2 - Page 2 Plattinq & Phasinq This development shall be subject to all impact fees as of the date of approval hereof, unless those impact fees have been reduced at the time they are due for this development. Language related to impact fees is not included in the ordinance as this item is already covered by the Land Development Code. Impact fees are assessed as of the date of approval of the final plat, as required by the Land Development Code and state statutes. Streets and Sidewalks No sidewalks shall be required for lots within this development, except as provided below. Inclusion of language not requiring sidewalks depends upon the resolution of the access for the lots and whether each lot owner would be required to construct the sidewalk/trail on the individual lot. The owner of the most southern lot in Westcliff Phase /I shall build said sidewalk to the extent practical without any curve within the trail right-of-way that parallels McDonwell School Road prior to occupancy of a house thereon according to specifications provided in the Land Development Code as of the date of approval hereof. The original paragraph included requirements for construction of a 5-foot wide sidewalk on McDonwell School Road. and is included in the ordinance with the exception of the above sentence. Since Lot 8 (the most southern lot) does not have frontage on McDonwell School Road due to the open space lot, the sidewalk should be constructed as part of the public improvements to the property. See Section 6 of the attached ordinance. Drainaqe At the developer's election, pursuant to a grading plan acceptable to the City's Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. This section is not included in the ordinance. Lot grading and lot drainage is a builder issue and should be addressed at the time the houses are constructed on the lots. Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e., drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent one to the other. Agenda Item No. 2 - Page 3 This section is not included in the ordinance. The City's drainage standards do not allow lot-to-Iot drainage to cross more than one lot before the water enters a permanent structure or street right-of-way. Water and Sanitary Sewer No water or sewer extensions are required to be made to adjacent property. This section is not included in the ordinance. The looping of water lines or access to facilities may need to take place on adjacent property. Paragraph lib" of this section suggests that off-site construction may be necessary. and this provision would conflict with that paragraph. 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. 2. Surrounding Properties. The surrounding properties are generally developed, with a mix of traditional neighborhoods and some single-family residences located on large acreage tracts. There is a church under construction to the west, and an existing fire station is located to the east. 3. Development Trends. The development trends in this area primarily focus on single family 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. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcels that make up the 3.561-acre tract are valued at $125,400. The estimated City property tax revenue for the undeveloped property is $435 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Sales Taxes. The project will not directly generate sales tax revenue. The addition of seven new houses could indirectly have an impact on sales tax revenue due to new residents shopping in Colleyville. 7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average. the seven proposed residences would add 67 vehicle trips per day to the surrounding roadways. Agenda Item No. 2 - Page 4 8. Public Notification. Staff mailed notices to 8 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. SUMMARY The proposed development contains less than four acres of proposed single family development, and is intended to be a phase in the overall Westcliff/Old Grove subdivision. Though the stand-alone project does not meet all the technical requirements of the PUD-R district, the project is consistent with the standards and requirements of the overall Westcliff/Old Grove project. It is staff's opinion that Westcliff Phase II should be evaluated as a part of the overall project. Given the existing conditions and configuration of the property, development alternatives are limited. The developer has made a good faith effort to design this project in a consistent manner with the surrounding larger development. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: December 16. 2002 City Council: January 7 and January 21, 2003 RECOMMENDATION: Approval ATTACHMENTS: · Location and Zoning Map · Zoning Exhibit · Information from Applicant · List of Property Owners Notified · DRC Review Memorandum · Developer Correspondence · Draft Ordinance Prepared by: ~ Agenda Item No. 2 - Page 5 t,b ""' ::::i .....l . 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H 0' '" 0 ~ ~:o <0 QJ ~i~ *,~~ ~ , " ~oc "" ~ c .. w -c' ~ 0 ~.n on oco "'we ....~ u , ;:~g' 1..-'" cO .0 .. . .. ':i3~ c;oo 0". ~~~ "" 0 o 0 H .w. ,,~ . . .'c . . .~ "c~ c ~ -0. ~o. . L 00' o 0 WO~ c .~. no. Lm L ~.o 0.. owo . E ~o C LO c:.c:~ c:~ ~i;~ !~ ,,'" ~ Il) -;: 0 WESTCLIFF PHASE II PUD-R ZONING REQUEST: Spedal Conditions 1. PERMITTED USES The PUD-R shall have two (2) land uses as indicated on the Zoning Exhibit: a. Single family dwelling units b. Open space 2. PLAmNG & PHASING a. The conceptual site plan attached as Exhibit "c" shall be considered the preliminary plat. When presented, a final plat generally consistent with Exhibit "C" shall be approved, provided that it meets the requirements of the land Development Code that were in effect at the time of approval hereof and have not been modified herein. In the event of conflict between the Special Conditions of this PUD-R zoning and the COlleyville Land Development Code, the Special Conditions of this PUD-R zoning shall prevail. At the option of the applicant for final plat approval, the lot and open space configuration of the final plat may differ from that shown on the preliminary plat, except that there may be no more than eight (8) lots, the width of lots may not be less than eighty feet (80') at the front building line, the average lot depth of all lots shall not be less than 140 feet, all lots shall face to the west or the northwest, and the north-south dimension of the open space the parallels McDonwell School Road (the trail right-of-way) shall not be less than twenty feet (20'). b. This development shall be subject to all impact fees as of the date of approval hereof, unless those impact fees have been reduced at the time they are due for this development. 3. DENSITY The average residential density is permitted to be 1.8 dwelling units per acre over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. 4. STREETS AND SIDEWALKS a. No sidewalks shall be required for lots within this development, except as provided below. b. The provisions of the Colleyville Pathways Plan shall apply to Westcliff Phase II only with respect to a five foot (5') wide sidewalk parallel to McOonwell School Road extending the width of Westdiff Phase II from east to west. The owner of the most southern lot in Westcliff Phase II shall build said sidewalk to the extent practical without any curve within the trial right-of-way that parallels McDonwell School Road prior to occupancy of a house thereon according to specifications provided in the Land Development Code as of the date of approval hereof. Or, prior thereto, at the option of the developer, a concrete trail ten feet (10') wide may be built by developer in lieu of said sidewalk, provided that it connects (or will connect) at each end to a trail of the same width and otherwise complies with the spedfications for concrete trails in the Colleyville Pathways Plan as of the date of approval hereof. 5. DRAINAGE a. All drainage facilities shall be designed and constructed in accordance with the Land Development Code. b. It shall not be the responsibility of the developer to improve any off-site drainage structures or any other public facilities. c. At developer's election, pursuant to a grading plan acceptable to the City's Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. d. Lot-to-Iot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e. drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent one to the other. e. Drainage from portions of the development is pennitted to sheet flow from west to east onto City property. 6. WATER AND SANITARY SEWER a. No water or sewer extensions are required to be made to adjacent property. b. If sanitary sewer installation to serve the development is necessary across City property, the City shall cooperate in all regards, provided that no less than twenty feet (20') of the drive surface of any street or driveway pavement shall be left passable at all times during sanitary sewer connection. 7. LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Zoning Regulations and Subdivision Regulations, except where amended by this ordinance, including all exhibits hereto. b. The minimum lot size shall be 13,000 square feet. The average lot size of all residential lots shall not be less than 16,000 square feet over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. c. Open space, including any trail rights-of-way, shall not be less than twenty percent (200/0) over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. WESTCUFF PHASE D PUD-R ZONING REQUEST: Statement of Planning Objectives &. Statement of Utilities to be Provided I. PLANNING OBJEcnYES The size and dimensions of the Westcliff Phase n property and its relationship to surrounding land suggests both PUD-R zoning and the Special Conditions proposed, namely: 1. flexibility within the City's PUD-R to create different lot sizes which meet the demands of the housing market and accommodate conditions of the site, e.g. the site is too narrow east to west for a conventional 20,000 s.f. development with lots on either side of a double loaded street, and provisions for vehicular traffic require compromise in lot size and dimensions to produce buildable lots in an attractive neighborhood environment; 2. provision of trail right-of-way along McDonwell School is accommodated by PUD-R zoning; 3. the 27 acre McPherson Park site adjacent to the property imposes significant burdens on the Westcliff Phase n land, e.g. vehicular traffic to and from the City's maintenance facility along the lane behind (east of) the lots. Therefore, the applicant seeks resolution of basic economic and planning issues for the Westmont Phase II property, such as improvements required, lot size, lot dimensions and maximum number of units allowable. The Westcliff Phase II zoning request has been tailored to fit the City's PUD-R ordinance and PUD-R zoning previously approved for Westcliff Phase I and Old Grove. The applicant anticipates that in deliberating its zoning request the community will thoughtfully consider alternative uses and configurations of the property. II. UTILIl1ES TO BE PROVIDED Utilities necessary for the development will be provided from adjacent or nearby sources of water and sanitary sewer. Church of Jesus Christ LDS 50 E. North Temple, FL 12 Salt Lake City, UT 84150 David Dacke 321 W. McDonwell School Road Colleyville, TX 76034 Henry Wells 413 W. McDonwell School Road Colleyville, TX 76034 Glenwood Heights Dev. Corp 8222 Douglas Ave., Ste 605 Dallas, TX 75225 Andrew Brownlow 317 W. McDonwell School Road Colleyville, TX 76034 Frank & Linda Baker, III 404 W. McDonwell School Road Colleyville, TX 76034 City of Colleyville Stephen & Beatriz Byers P.O. Box 532 Colleyville, TX 76034 Broadland Limited Partnership 8222 Douglas Avenue, Ste. 605 Dallas, TX 75225 Case Z-02-028 (Notices dated: November 26,2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan LeVy~ Planning ~aoning Assistant CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE December 2, 2002 FAX TO Eddie Eckert, PE <?> David Bagwell ~ Linda & Frank Baker FAX NO 817-446-3116 <?> 214-369-7740 ~ via mail FROM Clayton Husband, AICP, Community Development Manager SUBJECT Z-02-028 AG to PUDR - WestcliffPhase II (resubmittal) The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. ZONING EXHIBIT DRAWING 1. The residential lots in the proposed development do not have frontage on Newkirk Lane due to the open space lot adjacent to the road. How will the lots be provided access and frontage on the street? Will the open space lot be eliminated and the property incorporated into the residential lots? 2. Provide a dimension for the width of the open space lot (Lot 8X) on the east side of the property. 3. The right-of-way for McDonwell School Road needs to be verified when the final plat is submitted. Tie down the existing right-of-way with monuments on the opposite side of the street. The required right-of-way established for this roadway by Master Thoroughfare Plan is 75 feet. The required right-of-way dedication along the frontage of the property is 37.5-feet from the centerline ofthe existing right-of-way. PROPOSED SPECIAL CONDITIONS The following comments from the DRC address the Special Conditions proposed by the applicant. A proposed ordinance is attached, which incorporates most of these provisions. The language in the ordinance mayor may not be the same as proposed due to the use of standard ordinance language and reorganization of several items. Any suggested changes to the ordinance by the developer will be noted in the briefing to the Planning and Zoning Commission and City Council. The developer response letter should indicate the suggested changes to the ordinance. The developer may request that the Planning and P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE Z-02-D28 WESTCLlFF II PUD-R Zoning Commission and City Council include any or all proposed special conditions in the ordinance. Permitted Uses. The uses indicated are included in the ordinance. Platting & Phasing. a. Generally included in the ordinance. The second sentence is covered in the general statement in Section 1. Lot requirements and setbacks are included in Section 3. b. Language related to impact fees is not included in the ordinance as this item is already covered by the Land Development Code. Impact fees are assessed as of the date of approval ofthe final plat, as required by the Land Development Code. Density Language is included in the ordinance in section 5. Streets and Sidewalks a. Inclusion of language not requiring sidewalks depends upon the resolution of the access for the lots and whether each lot owner would be required to construct the sidewalk/trail on the individual lot. b. This language is included in the ordinance, with the exception of the party required to construct the sidewalk. Since Lot 8 does not have frontage on McDonwell School Road due to the open space lot, the sidewalk should be constructed as part of the public improvements to the property. See Section 6 of the attached ordinance. The language is the same as initially proposed by the developer in this zoning case. Drainage a. Included in the ordinance. b. Included in the ordinance. Specific plans for drainage improvements have not been submitted or reviewed. These plans should be designed so that the improvement of off-site areas is not required. c. Not included in the ordinance. This issue is a builder issue and should be addressed at the time the houses are constructed on the lots. d. Not included in the ordinance. The City's drainage standards do not allow lot-to-lot drainage to cross more than one lot before the water enters a permanent structure or street right-of-way. See Section l4.l4.M of the Land Development Code. e. Included in the ordinance. PAGE 2 OF 4 DEVELOPMENT REVIEW COMMITTEE Z-02-028 WEsTCLlFF II PUD-R Water and Sanitary Sewer a. Not included in the ordinance. The looping of water lines or access to facilities may need to take place on adjacent property. Paragraph "b" of this section suggests that off-site construction may be necessary, and this provision would conflict with that paragraph. b. Included in the ordinance with modified language. Lot Requirements and Setbacks a. A general statement is included in the ordinance. See Section 1. b. Included in the ordinance. See Section 3. c. Included in the ordinance. See Section 4. 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. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY uses. Actual fee depends on specific use of the property. 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 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since McDomvell School Road is considered an unimproved street and the plat contains more than one residential lot. The owner is required to construct one-half of the streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. An estimate of the cash escrow amount can be provided by the Engineering Department upon request. The response letter to these comments shall indicate the developer's initial intention of construction or escrow regarding these streets. PAGE 3 OF 4 DEVELOPMENT REVIEW COMMITTEE Z-02-o28 WEsTCLlFF II PUD-R 3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the subdivision plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon the review of the final plat. 4. SIDEWALKS. The Land Development Code requires sidewalks along all interior streets. The internal sidewalks must be installed when any new residence is constructed on the property. 5. HIKE AND BIKE TRAILS - COLLEYVILLE PATHWAYS PLAN. The Colleyville Pathways Plan and Land Development Code require the construction of a 5-foot wide sidewalk along McDonwell School Road. This sidewalk must be constructed as part of the public improvements for this property as it is not adjacent to a residential lot. It is the DRC's understanding that the construction of the hike and bike trail adjacent to Lots 1 and 2 and open space lot IX will be a part of the WestcliffI development, pursuant to a City-Developer Agreement under discussion by the City Council. Please advise if this is correct. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, December 16,2002,7:00 p.m. Tuesday, January 07 and January 21,2003,7:30 p.m. RESUBMITTAL 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: · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived · 22 folded copies ofthe revised Zoning Exhibit drawing · one 8Y/' x 11" reduced copy of the revised exhibit The revised drawings must be submitted no later than Wednesday, December 11,2002 in order to make the scheduled hearings. Please contact me at husbandc(a;ci.colleyville.tx.us or 817-577- 7587 if you have any questions. c: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBLIC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE40F4 Tuesday, December 03, 20021 :08 PM Dale Crane 817.251.9077 p.01 Broadland Limited Partnership 8222 Douglas Ave., #605 Dallas, Texn'l 75225 TO: Mr. Clayton Husband, AlCP COllununity Development Manager City of Colleyville via fax #817-577-7564 FROM: Dale Crane (direct line 817.481.3052; fax 817.251.9077) DATE: December 3,2003 RE: 2-02-028 AO to PUD-R-WestcliffPhase II (re-submittal) Clayton: Tlu'l memo is intended to address the DRe's question about access to the propo!;cd lot!! and frontage on Newkirk Lane. The twenty foot ~1rip of open space land along the ell~1 side of Newkirk is presently owned by the LDS Church. I have had di!;ClHisions with Church representativeR, both local and in Arizona, about this situation. Ollr proposal has been forwarded to the appropriate official at the Cll\lrch's headquarters in Salt Lake City. I hope to have a re!;olution ofthi~ issue by the December 16, 2002, meeting of the P&Z, but the decision- milking apparat\l~ of the Ch\lroh may take longer than I antioipate. In discussing this with the Church. we have sugge!o1ed obtaining either fee title to the strip or an easement allowing for the pla(;ement of driveways. If we obtain title to the !o1rip, it could be in(;orporated into the residential lots, or it (;QuId possibly be maintained as open space, with an easement for driveways. Do you have a preference? I will keep you infonued of the progress with the Church. Please let me know if YO\l have any questions or sLlggc:l>1ioll!.l. cc: D. Bagwell, via fax cc: E. Eckart, via fax #817-446-3116 cc: Linda &. Trip Baker via US mail 12/05/2002 15:48 8172749724 HILL GILSTRAP PAGE 02/03 HILL GILSTRAP .. PROFESSIONAl.. CO""ORA'I',ON ATTORNEYS AT ~AW NOAHl!. WEBSTER '.00 W~$T A8AAM STREET ARLINGTON. TEXAS 760 1:3 TEL 617.261'Z222 FAX S17'Z"4-l!l,.24 C~ICAGO ::;u,,.E 1050 303 WEST MAD _SON CHICAClO. U...I..INOll!l 0506005 " I z.",,s~2Q:!O L.rrr~E ROCK ~t I INFORMATION WAY SUITE 2.00 l.rrn..E: ROCK. ARKANSAS 7:1.2.02 SO I .0:;03-&000 December S, 2002 Via Facsimile (817) 577-7555 Mr. Bill Lindley 5400 Bransford Road Colleyville, TX 76034 Re: Zoning Case Z-02-028 AG2PUDR - WestcliffPhase 2 (resubmittal) Dear Mr_ Lindley: On behalf of our clients, Broadland Limited Partnership, the applicants in the afore- referenced matter, we would voice our objection concerning the City's procedure in submitting our request for rezoning to the Planning and Zoning Commission and to the City CounciL Specifically, planning staff has informed our clients that it intends to submit an. ordinance to the Planning and Zoning Commission and the City Council concerning this request that has not been sought by the applicant, and further contains matters to which the applicant has not and will not agree. Specifically, in reviewing the fourth paragraph of ~3.23.b of the Land Development Code of the City ofColleyville, it is apparent that requests for zoning to plan unit developments are to be initiated by property owners and are not intended to be initiated by the City or City staff. In accordance with those provisions it is our belief that while the City Council may deny a landowner's request for PUD zoning on his property, the City Council may not impose as a part of an ordinance provisions to which the owner of the property does not agree and which he has not requested. As has occurred in the past, a request for PUD has been submitted, however, City staff drafts an ordinance incorporating its recommendations. We believe the more appropriate approach would be to present the ordinance exactly as requested by the applieant. If any changes to that request are required by the City Council that the applicant does not accept, the City Council should either approve such ordinance as requested by the applicant without change or deny it. However, the City Council should not approve an ordinance not proposed by the applicant. 12/05/2002 15:48 8172749724 HILL GILSTRAP PAGE 03/03 Mr. Bill Lindley December 5. 2002 - PaRe 2 Thank you for your consideration in this matter. Sincerely, 7J-J2lJJ-JC Ned Webster NEW/ar c. Colleyville Planning Department (817) 577-7564 DAVITD JBAG'VELL C 0 .0'Y~ lP ANY December 6, 2002 Clayton Husband, AICP Development Coordinator City of CoUeyvHfe P.O. Box 185 CotfeyviUe, TX 76034 Dear Clayton: With respect to Z-02-028 AG to PUDR - WestcJjff Phase n (resubmjttaJ), I beJieve my partner Dale Crane has responded to item 1. of the ORe comments regardjng the Zoning Exhibit Drawing, and I beUeve Eddie Eckart has responded to various technical questions raised. In addition, my attorney Ned Webster has been in touch with the Oty Manager about what we beUeve is the highly objectionable legal error colllfTlitted by the Oty Staff rewriting our PUDR zoning request to suit the Oty Staffs preferences, while advising us that we may request the P & Z and Coundl to approve instead what we requested to begin with*. Whether, as we believe, the Oty Staff errs legally in usurping our zoning application rights, we want our zoning application to be voted up or down rather than zoning we didn't request -- and can't use -- being voted on. I am writing you about the only other ORe issue that I understand requires a response, which is that jf our zon.ing app1ication is approved, we intend to construct the portion of McDonwel1 Schoo1 Road that CoUeyvUJe's ordinances require rather than escrow money for the same purpose. Please let me know jf you need anything further from us in these regards. ( cc: Eddie Eckart, P.E. * wrhe developer may request that the Planning and Zoning Commission and Oty CounCIl include any or aU proposed special conditions in the ordinance." COM:v1lNITY DEVELOPMENT 8222 DO[JGL^.s AVE. SUITE 605 [)ALL~5. TEXA' 75225 214 368-7711 ~,'IETE() 817 540-5500 FAX 214 368-7740 ORDINANCE 0-02-xxxx AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 3.561 ACRE TRACT OF LAND OUT OF THE D.J. BEDDO SURVEY, ABSTRACT 232, FROM THE AG AGRICULTURAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Broadland Limited Partnership for Linda and Frank Baker on October 11, 2002, under Case No. Z-02-028; 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. 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 description attached as Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "C", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1 . GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-02-xxxx Page 2 of 4 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (1) Minimum Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line (6) Rear Building Line 13,000 square feet 80 feet 120 feet 25 feet 1 0 feet 25 feet b. The average lot size 16,000 square feet and shall be calculated over the combined acreage of Westcliff Phase I, Old Grove, and Westcliff Phase II. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of twenty percent (20%) of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall be calculated over the combined acreage of Westcliff Phase I, Old Grove, and Westcliff Phase II. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. 5. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C", which shall be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate physical, topographic, drainage or other conditions. Ordinance 0-02-xxxx Page 3 of 4 b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. In approving the final plat, the approving body shall exercise reasonable discretion with respect to changes from the Preliminary Plat in roadway design, lot sizes, lot shape, building line, setback lines, open space and all other aspects of the plat. c. The average residential density is permitted to be 1.8 dwelling units per acre over the combined acreage of Westcliff Phase I, Old Grove, and Westcliff Phase II. 6. STREETS AND SIDEWALKS a. The provisions of the Colleyville Pathways Plan shall apply to Westcliff Phase II only with respect to a five-foot (5') wide sidewalk parallel to McDonwell School Road, extending the width of Westcliff Phase II from east to west. The developer shall construct the sidewalk in a twenty-foot (20') wide trail right- of-way adjacent to the north right-of-way line of McDonwell School Road. The developer may escrow with the City an amount of money acceptable to the Director of Public Works for the construction of said five-foot (5') wide sidewalk in lieu of actual construction. The developer may construct, in lieu of said sidewalk, a ten-foot (10') wide hike and bike trail at the same location, provided the trail connects to a trail of the same width at each end. b. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 7. DRAINAGE a. All drainage facilities shall be designed and constructed in accordance with the requirements of the Land Development Code. b. It shall not be the responsibility of the developer to improve any off-site drainage structures or any other public facilities. c. Drainage from portions of the development is permitted to sheet flow from west to east onto City property. 8. OTHER a. If sanitary sewer installation to serve the development is necessary across City property, a minimum of twenty (20) feet Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-02-xxxx Page 4 of 4 of the drive surface of any street or driveway pavement shall remain passable to vehicles at all times during sanitary sewer construction. THAT any person, firm, or corporation violating any of the provisions of this ordinance 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 Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of The second reading and public hearing being conducted on the 2003. 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 CC&0 Texas PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: December 16, 2002 Z-02-034 - Public Hearing - Zoning Change from AG to PUD-C Planned Unit Development Commercial on 4.268 acres located on the east side of Colleyville Boulevard, north of Tarrant Lane UPDATE The Planning and Zoning Commission tabled this item at the December 2,2002, meeting, and directed the applicant to address several concerns brought up at the meeting. The concerns included lighting adjacent to residences, hours of operation of proposed businesses, spec;ific types of businesses that would not be included in the development, fence design, access and driveway design, and the location of the automotive use within the development. Staff has met with the applicant on several of these issues. The following is a summary of the meeting. a. The app!ica.~t has a proposed fence design and is se.eking a written approval of the design from the affected property owners. When the final design is agreed to, the specifications will be added to the ordinance for this property. b. The applicant has agreed to require that the lights On the building be shielded and designed to direct the light downward and away from adjacent residential properties. This requirement is included in the attached ordinance. c. The applicant has met with the adjacent commercial property owners to discuss issues re~ated to the abandoned roadway, and further information will be provided by the applicant at the meeting. The applicant is developing quitclaim deeds to record wiJ:h the Tarrant County Clerk to establish ownership of the abandoned roadway. A: meeting with the Fire Department is also planned to discuss fire access issues for this development. STAFF REVIEW COMMENTS -12/02/02 Schwob Construction Corporation is the owner of 4.268 acres located near the northeast corner of Colleyville Boulevard and an abandoned road known as Ross Downs Road. John Altman has the property under contract to purchase and develop. The applicant has submitted a request to change the zoning on the property from AG Agricultural to PUD-C Planned Unit Development Commercial. The owner proposes to develop the property for office, retail/commercial and office-warehouse uses. The property is generally triangular in shape. There is an existing auto repair facility and several smaller buildings on the property. The property abuts a single-family residential Agenda Item No. 3 - Page 1 area to the east, and industrial property on the other sides. The property is landlocked and does not have direct access to a public street. The following is an analysis of the major issues associated with this rezoning request. Land Uses. The applicant proposes that the uses allowed in the CC1 and ML zoning districts be allowed by right. Any use requiring a Special Use Permit in either district wou Id still require the Special Use Permit. The applicant also proposes an automotive repair and service facility as a use by right. Access. The property is accessed from Ross Downs Road, which was abandoned by the Commissioners Court in 1936. Access to the property is the most significant issue related to the development of this property, as this property does not have frontage on a public right-of-way. On the advice of their attorney, a quitclaim deed will be recorded and the old roadway be divided between the adjacent property owners on both sides of the abandoned street. When a plat is submitted for this property, half of the road will be incorporated in to the lot, giving the property enough frontage on Colleyville Boulevard to provide a drive approach for the project. A copy of the attorney's letter is attached. RoadlAccess Improvements. Some improvements to the abandoned roadway may be required upon development of the property. If the road were not constructed as a public street, the pavement would need to be improved to at least a fire lane construction standard. A fire lane must be at least 24-feet wide and provide a concrete or asphalt paved surface. An access easement and drainage and utility easement must also be dedicated to provide vehicle and utility access to the property. Landscaping and Buffers. At least 20% of the land area must be maintained as a landscaped area, as required by the Land Development Code. The zoning exhibit appears to satisfy this standard. However, detailed review for compliance with this requirement would take place during the site pia,., and landscape plan review stage. The de.velopment is also required to provide a 20-foot wide landscaped buffer adjacent to all single-family areas. The buffer area must include evergreen plan materials planted on 6-foot centers for the entire length of the buffer area. Fencing. The applicant proposes to construct an 8-foot tall cedar fence with cap along the common property line with the single family residential area. Subdivision Plat. The zoning exhibit for this request is not considered a subdivision plat. The exhibit is a conceptual layout only, and the developer will be required to submit a plat if the zoning change is approved. The subdivision plat review will give the City the opportunity to review specific plans for streets, water, sewer and drainage. 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 retail and commercial area. 2. Surrounding Properties. The properties to the north and west are developed as commercial uses and are zoned ML Light Manufacturing. Property to the south is also zoned ML Light Manufacturing, and one lot is developed as a self-storage facility. Agenda Item No. 3 - Page 2 .. Property to the east is zoned PUD-R and is developed as single-family residences (Ross Downs Estates). 3. Development Trends. The area is experiencing some new development northwest of this site along Colleyville Boulevard. A new dentist office has opened at the corner of Tennison Parkway, and a photo studio and interior design studio are under construction. It is possible that the area could experience redevelopment in the future when improvements to Colleyville Boulevard are complete. 4. Infrastructure. The developer is responsible for the extension of water and sanita ry sewer services to the project. Some utilities are available in the area. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $254,130. The estimated annual City property tax revenue generated by this property is $883. 6. Sales Taxes. Office and warehouse operations typically do not generate sales tax revenue. It is possible that some uses will generate sales tax depending upon the specific type of business. 7. Traffic Generation. The Institute of Transportation Engineers (ITE) publication Trip Generation provides estimates of expected traffic generation based on land use. Business parks typically consist of buildings occupied by offices, commercial uses, industrial uses and warehouses. During the 1980's and 1990's, ITE studied business parks around the country, mostly in the San Diego area. On average, a business park generated 12.76 trips per 1,000 square feet Gross Floor Area and 149.79 trips per acre. Based on these averages and the size of the buildings and lot, this development could generate 639 to 664 trips per day. The following table shows the recent traffic counts for Colleyville Boulevard during a 24-hour period. Location 24-Hour Total Date Tinker Road intersection 30,366 vehicles 2001 /2002 John McCain intersection 43,625 vehicles 2001 / 2002 8. Public Notification. Staff mailed notices to 33 adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: December 2,2002 City Council: December 17, 2002 and January 7,2003 RECOMMENDATION: Approval Agenda Item No. 3 - Page 3 ATTACHMENTS: Location and Zoning Map · I nformation from Applicant ORC Review Memorandum Applicant Response to ORC List of Property Owners Notified · Draft Ordinance Prepared by: ~~ Agenda Item No. 3 - Page 4 lR 3 9.6ft At Tit 2J 3.B2 N:. ,. II 6 ~ 12 ~ 9 z .8 ,. . 13 .' oc. H n '" " ,. ..., 15 .' c; 1< m 2H 2.81 At ?J fo.i ,. 15 12 II I.. q 12 5 II j ~ 1 '" ...rUi cr .. q .. ,. I~ 16 ~ 9 ,. 19 17 INUUSTRIAL BLVD - R-l-4-1 -~ ~~W~ \\~ <f t\.\?" ,\~'5 p'\~ 1 3.d"":J~ ~ , ~ 1 COLLEYVII.LI; Tlf" TR 2J TR 2K .~AC LilAC Tn'" .6-48 . Tn "- I.I l!lC R 3'" I: 368 . ~ TA 201 ,;^"f'[flS J 22 -19- r"" ,~" TR ZH' Tn 2v ...q At TR lV2 . Z94 <C TR zrl .35 AC 21 ~ ~..~ Location Map & Area of Notification CASE # Z-02-034 - Zoning Change - AG to PUD-C !~1'~~ ?T' ~ "\l;1 cgl~r i ~~ r- ~ ) I V OJ;; 0.L . 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Elilo:lit:lit:t: iliiRa'itstlii I Ii Sj!O I ft cil.lq II ~ !i! !!i ; :B ~ , ::; i ~! ia I; ,.~ , ~w ~ j~~e ~~~~ ~Za:2 ~2 ~ N .r::. +-' l..... o IDZ > l..... (1) ~c: o (1) 00 l.... en o en '+--(1) C c'- o en _::J 0.. en ID""O ~c (/)0 - o ::l 0 +-' - ID g ().r::. c U o (1) U~ i Ikii J ~a J, !So!! ] ~dii ...... : " I r.B~l;.t ,qi!::t::1 A. fCl Cl-9 . October 30, 2002 Dear Neighbors, My name is William Ingle, a commercial real estate agent actively working in the Colleyville Market. I represent John Altman, a real estate investor who owns "Colleyville Tech and Business Center" at 1900 and 1904 Industrial Blvd in Colleyville. Currently, Mr. Altman has a 4.268-acre tract at the intersection of the abandoned Ross Downs Road and Colleyville Blvd., which backs up to McMakin Ct. and Baker Ct. in the Ross Downs Estates II subdivision, under contract with plans for a mixed-use development - "Colleyville Tech and Business Center North" . Mr. Altman plans to submit to the City of Colleyville for a Planned Unit Development with C-l uses and some ML uses. This development will have approximately 43,000-sq. ft. of total lease space available and will target retail, showroom, and professional office type tenants. Lease spaces will start at a rate $12.50 per sq. ft. and they will be triple net leases, which includes taxes, insurance, and common maintenance area. In addition, "Colleyville Tech and Business Center North" will meet all design and landscape standards of the City of Colleyville. We have already spoken to Hodges Automotive about the possibility of being a tenant in the new development. Mr. Hodge, who has been on the property for almost 20 years, indicated that he would like to remain at this location and be a part of the new development. Mr. Hodge would be in a new lease space of approximately 4,000-sq. ft., with a screened in yard and retail look and would be the only automotive business in the development. Please know that Mr. Altman has the best interests of everyone around this development in mind. He believes that this development will clean up the property and make it an asset to the City of Colleyville, in addition to creating more affordable lease space for professional office, retail, showroom and other tenants that would like to be a part of the City ofColleyville. We have scheduled a meeting for 7:00 p.m., November 12, 2002 at Able Electronics located at 6607 Colleyville Blvd. in order to show the site plan and discuss any concerns you might have regarding this development. Should you have any questions prior to this meeting, please feel free to contact me at 817- 427-9545. I look forward to working with you in regards to this matter. Sinc6fely, (J~ ~~ ~yL- William S. Ingle Phifer and Associates, Inc 817.427.9545 . Fax 817.281.2442 . 7510 Davis Blvd., Suite E . North Richland RiUs, TX 76180 info@LandDeaIs.com . www.LandDeals.com CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE November 13, 2002 FAX TO FAX NO Dwayne Young 817-442-9007 ~ Bill Ingle ~ Schwob Construction Corp ~ 817-281-2442 ~ 970-259-6510 FROM Clayton Husband, AICP, Community Development Manager SUBJECT Z-02-035 PUDR amendment - Lonesome Dove Estates Phase 3 The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit and zoning change request submitted to this office. The following comments are for your consideration. GENERAL INFORMATION 1. Access to the property is the most significant issue related to this zoning change request. It appears that the Commissioners Court abandoned Ross Downs Road in 1936. The ownership ofthe abandoned road is unclear. Documentation must be submitted to the City indicating the ownership of the property and/or how the applicant proposes to provide legal access to the site, i.e. an access easement granted by the owner. This issue must be adequately addressed before this case is presented to the Planning and Zoning Commission. ZONING EXHIBIT DRAWING 1. Depending upon the status of the abandoned roadway, some improvements will be required upon development of the property. At a minimum, the pavement would need to be improved to at least a fire lane standard and an access easement dedicated. A fire lane must be at least 24-feet wide with a concrete or asphalt paved surface. 2. The zoning exhibit does not indicate if the development will be subdivided into individual lots. If separate lots will be sold, each lot must have frontage on a public street. The dedication of right-of-way and construction of a public street may be required depending upon the number of lots proposed in this development. The PUD-C zoning district requires a minimum lot size of7,200 square feet, with a minimum lot width of70 feet. 3. The Land Development Code requires a 20-foot wide landscaped buffer between commercial and residential properties. The landscape buffer shown in the exhibit must be extended to include the proposed automotive repair area in the northeast comer of the property. The landscapcd buffer must contain evergreen plant matelial planted on G-foot centers. P.O. Box 185 - Colleyville, Texas 76034 - 817.577.7587 DEVELOPMENT REVIEW COMMITTEE Z-02-034 BUSINESS AND TECHNOLOGY CENTER NORTH 4. The zoning exhibit indicates a proposed 8-foot tall screening fence on the common property line with the residential properties. Indicate on the plan what type of fence is proposed. 5. The Land Development Code requires that commercial lots provide at least 20% of the lot area as a landscaped area. This requirement will be evaluated upon submittal and review of site plan applications for the property. 6. A secondary entrance from the access road is required between the automotive repair building and the Great American Pastimes building. Show the driveway on the exhibit. 7. The ordinance submitted to the Planning and Zoning Commission will include as allowed land uses those uses in the CC 1 and ML zoning districts, and automotive repair and service with outside storage. Please advise if additional uses that may not be allowed in the proposed zoning districts are intended to be included for consideration. 8. It is recommended that the applicant review the location and availability of water and sanitary sewer lines in the area. The construction of additional utility lines may be required for this development. OTHER INFORMATION 1. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The fees listed below are intended to provide general information on the fees that could be assessed. The actual fee paid may be different depending upon the specific use of the property, proposed utility construction, or conditions in an existing City-Developer Agreement. Details are contained in Chapter 13 of the Land Development Code. SEWER $790 per 1,000 square feet gross floor area for GENERAL OFFICE uses. $773 per 1,000 square feet gross floor area for SPECIALTY RETAIL CENTER uses. $1,157 per 1,000 square feet gross floor area for GENERAL LIGHT INDUSTRIAL uses. Actual fee depends on specific use of the property. $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 2. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are not required for this property since the property does not have frontage on an existing public street or right-of-way. Right-of-way dedication and street construction may be required depending upon specific development plans for the property relative to the abandoned roadway. 3. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the subdivision plat. The fee for non-residential uses is $800 per acre. An assessment of parkland dedication fees will be provided upon the review of the final plat. PAGE 2 OF 3 DEVELOPMENT REVIEW COMMITTEE Z-02-034 BUSINESS AND TECHNOLOGY CENTER NORTH 4. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. The sidewalks must be at least 4- feet wide. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, December 2,2002,7:00 p.m. Tuesday, December 17, 2002 and January 7, 2003, 7:30 p.m. RESUBMITT 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: · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived · 22 folded copies ofthe revised Zoning Exhibit drawing · one 8112" x 11" reduced copy of the revised exhibit The revised drawings must be submitted no later than Friday, November 22, 2002 in order to make the scheduled hearings. Please contact me at husbandc(a;ci.colleyville.tx.us or 817-577- 7587 if you have any questions. C: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBLIC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE 3 OF 3 D. Young Co., Inc. D. Young Co., Inc. 1904 Industrial Suite # 105 Colleyville, TX 76034 Telephone 817-442-9007 Fax 817-481-9664 November 21, 2002 City of Colleyville Clayton Husband P.O. Box 185 Colleyville, TX 76034 Re:Z-02-035 PUDC Amendment Mr. Husband, This letter is in response to the Development Review Committee comments on the aforementioned Zoning case. Due to legalities discovered about the abandoned roadway and in response to our meeting with the surrounding homeowners the entire drawing has been redone. Please bear in mind that this is intended to be a preliminary conceptual design as needed for Rezoning. The guidelines established during this process will guide us through the actual final design of the project. General Information: 1. Please find attached a copy of the letter stating the legal opinion of Richard D. Worsham. It is our intention to follow Mr. Worshams advice. He has been retained to begin the legal paperwork for all of the quitclaims access easements etc. Zoning Exhibit Drawing 1. As the revised drawing shows we intend to totally redo the entrance in concrete and provide proper fire lane access throughout the property. 2. The development will not be subdivided. 3. The 20' landscape buffer is shown in the revised drawing. 4. An 8' cedar fence is now not~ on the plans. The surrounding homeowners seemed to be pleased with this. 5. According to the drawings 27% 0 the property is landscaped. 6. Due to revisions after meeting with the surrounding homeowners the secondary entrance was placed further from the residential areas. We trust that this will be satisfactory. 7. These land uses area acceptable. 8. Water, sewer, electricity and phones have been located. Other Information: Fees and dedications have been noted and discussed with the developer. Nov-21-02 03:42P Worsham & Denman 817 545 6854 P.02 RICHARD D. WORSHAM NrroR."Iu A!>lTl COlJNSI:!.LtlH....T l...w MERCA'frllr. RANK Bux..;. loO(} Airport FrwwH.Y. ~uit~ 404 RellfullJ, Tcxa~ '(i022 F..,.ill>ib: ~ I'i -$45 tJllC14 . - -d. plw". ~J 7.l\il1.MC'(1 Novcrnl1er 21, 2002 Via Facsimile - !U7-281-1442 Bill Ingle 7510 North Davis Blvd., Suite E NOl1h R;chland Hills. Tx 76180 Re: Colleyville Tech Business Center North (4.3 Acres in C()lIeyville) Dear BiU: This letter i~ to wnfirm our prior conversations regarding this propctty_ . I have reviewed the prdiminary survey ofthe propnsed ~ite nfthe Colleyville Tech Business Center North. Thil' survey shows an abandoned road and thoroughfare between the pmp(lsed building ~ite and the lots bordering Highway 26. The survey reflect~ the road and thoroughfare were abandoned in 1936. However, 1 believe it to have btlen in use to access Rnss Downs for many years after thai. it is my understanding that this roadway was cutol1' trom the adjoining Ross Downs development over ten years ago, but has been in continuous use to access the rcar of the properties bordering Highway 26 since the road was abandoned in 1936. This road does not appear to have heen incorporated into the legal descriptions of any of the surrollnding tracts. The question raised by the City nfCulleyville, as I understand it, is how will you accC'.ss the proposed site of the Colleyville Tech Business Center North unle~s title to thi~ property ill cleared? First, regardless of ('....nership of the roadway easement, the property owners using the roadway have a prescriptive easement to use the roadway. An easement hy prellcripti()n is similar to ~uatlers rights; iCyou u'\e it lung enough, it becomes a property right. It is I,y legal opinion that the property O\vners abutting the roadway thoroughfare do not have a legal right to block access to the roadway, and that your right of acce~s is enforceable in a court unaw. The property owners in Ross Downs. however, have abandoned their right to t\(;cess through lack uf use There remains a question 3S to title to the roadway and thoroughfare. The only way to tlnally clear title is to me a suit to quiet litlr.:l As that is a time consuming and co~tly pro(;ess, the alternative is to reach an agreemcnt with all of the parties who would have standing to assert ownership of the roadway thorollghfare 1t is my legal opi nilln that the only parties with standing to make a claim to the property or a right to access the roadway are those ahutting the roadway thoroughfare and th~se property owners who have b~en using Novemb\,r 21, 20112. Plol~C t of2 Nov-21-02 03:42P Worsham & Denman 817 545 6854 P.03 the roadway to access their property for the past decade This is limited to the owners of the tive tracts lying between the roadway thoroughfare and Highway 26, and the owners of the propused site for the Colleyvillc Tech Bllsine')!; Center North. I wCluld propo!;e that this be documentetl by surveying the roadway thoroughfare, breaking it ioto portions abutting the surrounding tracts (5 tracts), and having each of the parties execute a. quitclaim deed of each surveyed section to the respective adjoining tract owner. To establish a clear right to accelil> 01' the roadway, we would simultaneously create a cross access agreement providing an ea..:;ement for all 6 property tracts (including the one that docs not adjoin the roadway, hut has used it for acces!;) to use the roadway. As no otht:r pal1y would have slanding to assert a claim, this would cft'cctively qUIet titl" in lhe names of the surrounding property owners and establish access and use of the roadway thoroughfare MainteJl.Hlce of the lhoroughfare would be resolved in the cross acces.... agreement. 1 believe that this litic will be sufficient for a title insurance company to issue tide itlSUrancc on the added property. However, it is up to the underwriters of the individual title insurance companies to make that decision, and 1 cannot guarantee that decision. ~ there is a 3-year statute of limitations for adverst: pOSSCSSh.")n under "color of title" (meaning, a deed), I believe any possible objection!; to title would expire after that. time period. 1 would recommend 11 review ofthe deeds to the surrounding tracts and the d~ tl) Ross Downs prier to its conversion to a development would b~ warranted to aSSllre that the road thoroughfare has not previously been incorporated into another property description. Please feel free La use this letter as a reference in your discussions with the City Of your investors. Sincerely.. ;1ZJ ?t/-t./~. Richard D. Worsham rw '" NOH'mbc i 21, 2002 . PaRe 2 of 2 Schwob & Sage Building Corp. 2349 Glenda Lane Dallas, TX 75229 J ames Bowden 6516 Colleyville Blvd. Colleyville, TX 76034 Harold & Kathy Wilson 211 Meadow Lark Duncanville, TX 75137 Arroyo Norte Ltd. 6600 Colleyville Blvd. Colleyville, TX 76034 Neil & Sherrie Hart 6703 Colleyville Blvd. Colleyville, TX 76034 America's Storage 2911 Turtle Creek Blvd., Ste 700 Dallas, TX 75219 Mary & Michael Moan P.O. Box 801 Colleyville, TX 76034 G S & Deann Preston 6604 Baker Court Colleyville, TX 76034 David & Clara Green 6610 Baker Court Colleyville, TX 76034 J as W & Angela Graham, III 6616 McMakin Court Colleyville, TX 76034 Schwob Construction Group 190 Spruce Drive Durango, CO 81301 Tres Rosa Ltd. 6516 Colleyville Boulevard Colleyville, TX 76034 Neil & Sherrie Hart 1600 Glade Road Colleyville, TX 76034 Conbined Enterprises, Inc. 5601 Normandy Drive Colleyville, TX 76034 Sun Valley Properties 5301 Sun Valley Drive Fort Worth, TX 76119 Antionetta Mooney 404 Oak Valley Drive Colleyville, TX 76034 Kenneth Green 6620 Colleyville Blvd., #A Colleyville, TX 76034 Richard & Sharon Rucker Attn: Richard Rucker 6705 Colleyville Blvd. Colleyville, TX 76034 James Eklund 3005 Columbine Drive Grapevine, TX 76051 James & Marilyn Helzer 8110 Russell Curry Road Arlington, TX 76001 c. W. Davidson 405 Shenandoa Drive Burleson, TX 76028 Kevin Kim 2000 Tarrant Lane Colleyville, TX 76034 Michael & Gayle Biggers 2004 Tarrant Lane Colleyville, TX 76034 Efren & Maria Pabon 6602 Baker Court Colleyville, TX 76034 Patrick & Ramona Q'Hanlon 6606 Baker Court Colleyville, TX 76034 Kenneth & Judy McEntire 6608 Baker Court Colleyville, TX 76034 Donald & Sally Pryor 6612 McMakin Court Colleyville, TX 76034 Thomas & Terri Ginavan 6614 McMakin Court Colleyville, TX 76034 Gary & Becky Anderson 6618 McMakin Court Colleyville, TX 76034 Donald & Susan Cook 6620 McMakin Court Colleyville, TX 76034 W Clyde & Lavonne Sheker 6700 Kennedy Drive Colleyville, TX 76034 James & Bemes Eklund 3005 Columbine Drive Grapevine, TX 76051 Complementary Copy to: Ross Downs HOA Dave Dudziak 2301 Wilkes Ct. Colleyville, TX 76034 Case Z-02-03 (Notices dated: November 20,2002) 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 (33) 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.. f Planning & Zoning Assistant ORDINANCE 0-02-xxxx AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 4.268 ACRES OUT OF THE A.J. LOTT SURVEY, ABSTRACT 963, FROM THE AG AGRICULTURAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by the D. Young Company on November 4,2002, under Case No. Z-02-034; 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. 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 as shown on attached Exhibit liB", by changing the zoning of said property from the AG Agricultural district to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for general office, retail, office- warehouse land uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-02-xxxx Page 2 of 4 2. PERMITTED USES The following land uses shall be permitted within this Planned Unit Development. a. Uses allowed in the CC1 Village Retail zoning district b. Uses allowed in the ML Light Manufacturing zoning district c. One (1) automotive repair and service facility with outside storage 3. CONCEPTUAL SITE PLANS AND PLATTING a. The locations of land uses shall be generally consistent with the conceptual site plan attached as Exhibit "C" I 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 arrangement, location and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "e" and will be determined at time of site plan approval. However, the combined total square footage of all buildings within each sub-area shall not exceed fifty two thousand fifty square feet (52,050), which may be in one or more buildings, provided that any large commercial building shall comply with any additional requirements of the Land Development Code. c. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 4. LOT REQUIREMENTS AND SETBACKS The lot requirements and setbacks shall the following minimum standards: a. Minimum Lot Size b. Front Building Line c. Side Building Line d. Rear Building Line e. Maximum Building Height none 40 feet none (25' abutting residential) none (25' abutting residential) 35 feet Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-02-xxxx Page 3 of 4 5. OPEN SPACE AND LANDSCAPING a. Each building site shall comply with the minimum landscaping requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. The common open space may be utilized for storm water detention purposes. 6. FENCING a. The developer shall construct an eight (8) foot tall cedar fence where the lot abuts a residential lot. The fence shall be constructed prior to the issuance of a certificate of occupancy on any building on the lot. 7. OTHER a. The architectural design score for all commercial buildings shall be a minimum of 30 points, as described in Chapter 6 of the Land Development Code. b. Lighting on the buildings shall be shielded and designed to direct the light downward and away from adjacent residential properties. THAT any person, firm, or corporation violating any of the provisions of this ordinance 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 Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon pu blication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2003. day of Ordinance 0-02-xxxx Page 4 of 4 The second reading and public hearing being conducted on the 2003. ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney day of CITY OF COLLEYVILLE: Donna Arp Mayor