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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-3/4/2003 Texas AGENDA PLANNING AND ZONING COMMISSION East Wing Conference Room Located In the Portable Building Behind City Hall 5400 Bransford Road Tuesday March 4, 2003 SPECIAL MEETING: 6:30 P.M. Call to Order: Chairman Wall Roll Call: Commissioners Bruce Kelly, Earl Swift, Jeff Byerly, Bud Sellers, Mark Jones, Jeff Wall 1. Case Z-03-004 - TABLED ITEM - Zoning Change from AG to PUD-R, 3.561 acres located at 404 W. McDonwell School Road ADJOURNMENT I certify that this agenda was posted on the Bulletin Board at City Hall on Friday, Feb. 28, 2003 at 4:30 p.m. Jan Levy, Planning & Zoning Assistant cce~ Texas' PLANNING & ZONING COMMISSION AGENDA BRIEFING Agenda Date: Subject: March 4, 2003 Z-03-004 - Tabled Item., Zoning Change from AG to PUD-R, 3.561 acres located at 404 W. McDonwell School Road UPDATE The Planning and Zoning Commission tabled this item at the February 10,2003, meeting, to allow the applicant to address comments and questions from the Commission about the proposed special conditions. Information from the applicant will be provided at the meeting. The Commission also requested a comparison of the proposed special conditions with the approved PUD-Rconditions for the overall Westcliff/Old Grove subdivision. A copy of the comparison is attached. STAFF REVIEW COMMENTS 02/10/03 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 13,000 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 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. Agenda Item No. 1 - Page 1 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 ofthis project is 2.25 dwelling units per acre. The attached ordinance would allow the overall density of Westcliffto be calculated 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. The proposed lots are 80 feet wide, and the PUD-R regulations require 100 foot width. 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 ordinance does not require the construction of sidewalks on the frontage of each individual 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. The attached draft ordinance incorporates the special conditions proposed by the developer. 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 Agenda Item No. 1 - Page 2 following are comments on several conditions included in the draft ordinance. The language from the ordinance is noted in italics. Plattinq and 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. Impact fees are assessed as of the date of approval of the final plat, as required by the Land Development Code and state statutes. This language is in conflict with those requirements. Streets and Sidewalks No sidewalks shall be required for lots within this development, except as provided below. As written, this provision would not require the construction of sidewalks on the east side of Newkirk Lane. The Land Development Code requires sidewalks on all public streets, and requires the sidewalk to be constructed at the time a house is built on the lot. The provisions of the Colleyviffe Pathways Plan shall apply to Westcfiff Phase If only with respect to a five foot (5? wide sidewalk parallel to McDonwell School Road extending the width of Westcfiff Phase If from east to west. The owner of the most southern lot in Westcliff Phase If 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. 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 specifications for concrete trails in the Colfeyviffe Pathways Plan as of the date of approval hereof. 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 by the developer as part of the public improvements to the property. Drainaqe At the developers 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 waif construction, lot benching and drainage swale construction shalf not be the responsibility of the developer but shalf be the responsibility of builders on individual lots and shalf not be required of the developer for City acceptance of public improvements. Agenda Item No. 1 - Page 3 Lot grading and lot drainage is a builder issue and should be addressed at the time the houses are constructed on the lots. This language is inappropriate for a zoning ordinance as this issue is covered in the Land Development Code. 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. The City's drainage standards do not allow lot-to-Iot drainage to cross more tha n one lot before the water enters a permanent structure or street right-of-way. The City has experienced significant problems in other areas of the city where this type of standard was applied. This language is inappropriate for a zoning ordinance as this issue is covered in the Land Development Code. Water and Sanitary Sewer No water or sewer extensions are required to be made to adjacent property. 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. 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. Agenda Item No. 1 - Page 4 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. 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. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: February 10,2003; February 24,2003 City Council: March 4 and March 18, 2003 RECOMMENDATION: Denial, due to technical non-compliance with the Land Development Code ATTACHMENTS: · Location and Zoning Map · Zoning Exhibit · Information from Applicant · List of Property Owners Notified · Zoning Comparison · Draft Ordinance Prepared by: Agenda Item No. 1 - Page 5 -i I i i I ':c ! p-- TR II. I .1 'C i ! i i ~j .. ., '2 53 \:./ -~1-, /1X~Jf: ~ r-~ , if '~.lt .. I il · j\ t.); f.'11 -I II . djt .t'1 II/I/; . . 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H :~~ o';,~ ~;; ~~ .;~~ !;Ie: ~~~ '"c .,. ~~~ g~ ....-l'\/ 0 o a!'" ~~~ ::: H . !i~~;~ .... ~ ~~ ~ 3 "'...., ~r:: .c C C cu .n -" u cc c~ .. .m c- .. ~~ .0 ~~ c 1~~ ;:~~ .mo . E _0 o..~ m ~~; m g:~ <FI~.... Tuesday, December 03, 2002 108 PM Dale Crane 817251,9077 p01 Broadland Limited Partnership 8222 Douglas Ave., #605 Dallas. Texas 75225 TO: !vIr. Clayton H\.\sband, AlCP Conullunity 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: Z-02-028 AOto PUD-R-WestcliffPhase II (re-submittal) Clayton: TIus memo is intended to address the DRC's question about access to the proposed lots and frontage on Newkirk Lane. The twenty foot ~1rip of open space land along the ea~t side of Newkirk is presently owned by the LDS Church. I have had discussions with Church representative!l., both local and in Arizona. abolJt thjs situation. Our proposal has been forwarded to the appropriate official at the Church's headquarters in Salt Lake City. I hope to have a resol\.\tion of t1ll!! issue by the December 16. 2002, meeting of the P&Z. but the decision- milking apparatl.\lI of the Churoh may take longer thall I antioipate. In discus...ing this with the Church, we have suggelo1ed obtaining either fee title to the strip or an easement allowing for the placement of driveways. If we obtain title to the ~1rip. it could be incorporated into the residential lots, or it could possibly be maintained as open space, with an easement for driveway!!. Do you have a preference? I will keep you infot1ned of the progress with the Church. Please let me know if yo\.\ have any q~\estion!l or ~lJggt:~1ion~. cc: D. Bagwell. via fax cc: E. Eckart, via fax #817-446-3116 cc: Linda &. Trip Baker via US mail 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 c. All uses permitted under agricultural zoning shall be allowed on the property until such time as a final plat is approved for the property. 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 pennitted 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 McDonwell School Road extending the width of Westcliff Phase II from east to west. The owner of the most southern lot in Westdiff 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 specifications 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 ami 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 totes) across two other lots which are adjacent one to the other. e. Drainage from portions of the development is permitted 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 Westdiff 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. DAVID BAGWELL COMPANY February 21, 2003 Earl Swift 207 Virginia Square Colleyville, 1)( 76034 Bruce Kelly 3001 Scarborough Lane Colleyville, TX 76034 Jeffrey Byerly 7109 Pebble Hill Drive Colleyville, 1)( 76034 Jeffrey Wall, Chairman 7900 Jefferson_ CiI-de Colleyville, 1)( 76034 Mark Jones 3604 WexfordCourt Colleyville, 1)( ,.76034 Bud Sellers 7004 Rosebrook Colleyville,1)( 76034 Re: City Staff Objections to Westcliff Phase II PUD-R Special Conditions Gentlemen: I am writing to provide the applicant's perspective with respect to issues raised by City Staff about the PUD-R Special Conditions in Case Z-03-004 for the proposed Westcliff Phase II. 1. BACKGROUND Based on its opposition to several of our Special Conditions, the City Staff urges you to recommend that the City Coundl deny our PUD-R application for this 3.561 acre site. The property is currently zoned for agricultural use and is the home of Trip and Linda Baker. It is bounded by the McPherson Park Service Center, McDonwell COMMUNITY DEVHOPMENT 8222 f)ouc,LAS AVE;~L;E SUITE 605 DALLAS, TEXAS 75225 214 368~7711 MUKO 817 540~5500 FAX 211 368.7710 School Road and Newkirk Lane and sits at the entry to our Westc\iff Phase I subdivision now under development. Apparently, the Staff's position in opposition to our zoning request was taken without considering: (a) the relative benefits to the community derived from bringing the 3.561 acre supject property into our Westcliff I development; or (b) whether any of the special conditions we propose would actually adversely affect tile community. Instead, the Staff urges denial "due to technical non-compliance with the Land Development Code." The City Staff would have you understand that special conditions of a PUD-R which are different than the standards of the Land Development Code transgress tile ordinance. Plainly, however, it is the Staff's interpretation of the' Land Development Code that violates ordinance orthodoxy, because in the PUD-R section of the Land Development Code there is provision for circumstances like those of the Westcliff Phase II property: "This district is designed to encourage the most appropriate uses of land, permit f1exibilitv to encourage a more creative, efficient, environmentally pleasing and aesthetic design regarding the special arrangement of buildings and land uses, open spaces, circulation and transportation patterns, and considerations of special site and topographic features. Development controls aimed at assuring the character, compatibility of land uses, and harmonious and timely development of the project are maintained through the establishment of standards... " Note the word "flexibility" in this language from the Land Development Code. In the past, the David Bagwell Company, general partner of the Westcliff Phase II applicant Broadland Limited Partnership, has effectively used such flexibility to create exceptional developments in Colleyville, and earlier we envisioned such an e)(ceptional development called "Whittier Heights" for the Westdiff Phase I property. Given the many restrictions, red tape, and bureaucracy in Colleyville today, however, without exceptions to the Land Development Code, we can no longer create exceptional developments in the City. Instead, with the pervasive hostility of the Staff and no flexibility in interpreting ordinance orthodoxy, only unremarkable, if "politically correct", developments are possible, each bearing tile Staffs imprimatur "RECOMMENDATION: Approval, due to technical compliance with the Land Development Code." The Westcliff Phase II zoning request is not only an important matter for today, but also a harbinger of challenging land use decisions to come. As Colleyville builds out, you will increasingly be asked to consider other small tracts or sites passed over due to special challenges such as extraordinary development costs, 2 incompatible uses nearby, etc. A "one size fits all" approach will ill serve the community in mediating the best outcome. In the present circumstance, the owners of the Westcliff Phase II site recognize the compelling reasons to sell, not the least of which is what's best for the community. Naturally, however, they require sufficient consideration in the sale of their land and home to allow them to purchase an equivalent replacement property. Because of this and the development characteristics of the site, we have determined that the subject property is economically infeasible unless it is included in the larger Westcliff development. As a result if the City misses this opportunity to overcome the impediments to development of this 3.561 acre site, the property is unlikely to be developed for many years. II. SIX SPECIAL CONDmONS OPPOSED BY STAFF In its Agenda Briefing for your February 10 meeting, the Staff identified six reasons for its opposition: 1. Fixing Impact Fees at the Current Level. Our Special Conditions stipulate that impact fees due from the eight lots in Westcliff Phase II will not exceed what the City's ordinances require today. The City Manager told me yesterday that I may pass on to you his opinion that there will be no increase in impact fees for several years, the Staff having evaluated them last summer and determined that they are appropriately set. Therefore, this spedal condition poses no jeopardy to the community, especially since there are only eight lots. However, the Staff would have this beneficial project denied because this spedal condition "is in conflict with (the) requirements" of the Land Development Code. The Staff also told you that this special condition is in conflict with state statutes. But, Land Development Code Chapter 13, Section 13.3 Waivers and Appeals says, "An applicant requesting a waiver of a requirement contained in this Chapter may seek relief from the City Council by using the procedure described in Chapter 1 - General Provisions of this Land Development Code." Chapter 1, Section 1.13 Waivers and Appeals - City Council says, "Where specifically provided for in this Land Development Code, the City Council shall have the authority to consider requests for a waiver or to hear and decide an appeal for an administrative decision on a regulation. The City Council may approve, disapprove or modify such a request provided that such approval or modification will not be detrimental to the public safety, health, or welfare or injurious to other property. The applicant shall provide information to support a claim that there are extraordinary hardships or practical difficulties which may result from strict compliance with the regulation or that the public interest may be better served by an alternative proposal." 3 Apparently, the Staff does not recognize that the special condition of our PUD-R application that seeks to set impact fees for Westcliff Phase II at the current level is a request of the City Council for a partial waiver, as allowed by the Land Development Code. Additionally, in its write up for you, the Staff makes no mention of three important considerations in this regard. First, the Land Development Code provides in Chapter 3.23.P that "Within a maximum of six (6) consecutive months following approval of the 'PUD' district zoning change by the City Council, the applicant shall file with the City Planning and Zoning Commission a 'Final Plat'...5hould the applicant fail to submit a 'Final Plat' within the six (6) month period following City Council approval of the zoning change, or by the termination date of the filing extension granted by the Planning and Zoning Commission, the Commission may initiate proceedings under Chapter 1 - General Provisions of this Land Development Code...to amend the Official Zoning Map by removing all or part of the Planned Unit Development (PUD) from the Official Zoning Map and pladng the area involved in another appropriate zoning district..." Even though it is our intent to develop Westcliff Phase II immediately upon approval of zoning and even though the City Manager does not foresee that the City will seek to increase impact feeS in the next several years, if you or the Staff have remaining concerns, the provision of the Land Development Code cited above assures that the spedal condition we propose need not become a problem for the City. Should we delay submitting a final plat until the time the City is ready to increase impact fees, the above-referenced provision of the Land Development Code would give the City the option to rezone the property to its present agricultural designation and thereby eliminate any problem it might perceive as resulting from this spedal condition. Second, this being a revenue issue for the City, it is informative to compare the ad valorem tax benefit that this property is likely to produce for the City in the immediate future with any foreseeable gap that might occur between today's impact fees and higher impact fees possible in the distant future. An average of Tarrant County Appraisal District values for 30 homes in nearby Remington Park on Belmont, Terrace, Horseshoe Bend, and Shetland indicates that the eight homes in Westcliff Phase II would each generate around $1,700.00 per annum in tax revenue to the City. This amounts to roughly $13,600.00 in new tax revenue that would be payable to the City each year from homes in Westcliff Phase II instead of the $435.00 annual tax revenue that the City receives from the property now. 4 Third, roadway impact fees are presently $1,589 per dwelling, but this fee will almost certainly be eliminated as a charge due from Westcliff Phase II by the credit provided by Land Development Code Section 13.14 Offsets & Credits Against Impact Fees. This credit will be triggered by our satisfaction of the obligation for improving McDonwell School Road that is imposed by Land Development Code Section 9.16.B Improvements to Existing Unimproved Streets and Utilities, sub-paragraph 2. and 3. Therefore, only the current $2,666.00 per lot water impact fee and the current $200.00 per lot sewer impact fee would be due from each lot in Westcliff Phase II. When totaled and multiplied by 8 lots, the impact fees payable from Westcliff Phase II are determined to be a $22,928.00 one time payment. That the City will forego around $13,000.00 in property taxes each year if Westcliff Phase II is not developed demonstrates the false economy of the City Staff in urging denial of the Westcliff Phase II project because of concern that the City might suffer, if impact fees payable from Westcliff Phase II are fixed at their current level. Impact fees for water and sewer would have to go up more than 50 percent to justify delaying this project for even one year, i.e. $13,000.00 net increase in ad valorem taxes per annum divided by $22,928.00 in one time impact fee payment. And, this does not take into account the benefidal effect on property values in the 103 lot Westcliff Phase I, if Westcliff Phase II is approved and developed, which would also result in even higher tax revenue to the City. Finally, the enclosed juxtapositioning of the Westcliff Phase II Special Conditions that the Staff opposes with special conditions of other David Bagwell Company PUD-R zoned properties ("SPEGAL CONDmONS COMPARISON: DAVID BAGWELL COMPANY PUD-R ORDINANCES, COlLEYVIlLE, TEXAS") demonstrates that in the Westmont development the Collevville City Coundl partially waved impact fees by putting a cap on costs loaded onto that development. In that instance, the City Council agreed with the developers proposal in a special condition for Westmont that its perimeter road charge be limited to $175,000.00 in order to not overburden the project, which "ordinance orthodoxy" would have caused. The special condition fixing impact fees at today's level, which Staff opposes for Westcliff Phase II, provides us much less help than the City Council provided the Westmont development. In short, this special condition presents no justification for recommending denial of our zoning request. 2. Sidewalk Construction along Newkirk Lane. The Staff would have you recommend denial of Westcliff Phase II because "The Land Development Code requires sidewalks on all public streets, and requires the side'v...;alk be constructed at the time a house is built on the lot...this provision would not require the 5 construction of sidewalks on the east side of Newkirk Lane." But. there is no need for construction of a sidewalk on the east side of Newkirk Lane. because there will be a ten foot wide trail built there in conjunction with the LDS church now under construction on the west side of Newkirk Lane and in conjunction with Westcliff Phase I now under development. Just as no superfluous sidewalk was deemed necessary where the David Bagwell Company built the trail on three sides of Westmont nearby, a redundant sidewalk is not needed where the LDS church and Westcliff Phase I will build a ten foot trail on the east side of Newkirk Lane. Just as the ten-foot wide Westmont trait suffices for a sidewalk in front of the Benedict home place on Westcoat, the ten foot wide trail on the east side of Newkirk Lane will suffice for a sidewalk in front of the Westcliff Phase IT lots. 3. a) Timing of Construction of the McDonwell School Road Sidewalk. In the portion of its Agenda Briefing quoted in Item 2. above, the City Staff said, "The Land Development Code requires sidewalks on all public streets, and requires the sidewalk be constructed at the time a house is built on the lot". Exactly! This is all that we seek in our Special Condition 4. b., yet the Staff would have you recommend denial because of this special condition in our zoning request. The critical part of our spedal condition wording in this regard, and the part that apparently motivates the Staffs urging of denial, is: "The owner of the most southern lot in Westdiff Phase II shall build said sidewalk...prior to occupancy of a house thereon according to spedfications provided in the Land Development Code as of the date of approval hereof." What we're saying and what the Staff is saying reach the same outcome for Lot 8. That is, when home construction occurs on Lot 8. the sidewalk along McDonwell School Road will be installed by the owner of that lot. For ease of comparison, I have highlighted in blue ink above (1) the City Staffs wording used to bolster its argument for both a trail and a sidewalk on the east side of Newkirk, which is quoted in Item 2. above, and (2) our Special Condition regarding who is responsible for building the sidewalk along McPherson Road and when it is to be built. As you can see, we seem to agree, but inexplicably the Staff cites this special condition as a reason for you to recommend denial of our zoning request. It is not. 3. b). Responsibility for Construction of the McDonwell School Road Sidewalk. The Staff would have you make the distinction that "Lot 8 (the most southern lot) does not have frontage on McDonwell School Road due to the open space lot." and therefore "The sidewalk should be constructed by the developer as part of the public improvements to the property." 6 This is a distinction without a difference. A PUD-R zoning ordinance, containing the provisions described, would be fully enforceable against the owner of Lot 8 to accomplish what our special condition proposes and what elsewhere the Staff clearly agrees with, i.e. "The owner of the most southern lot in Westcliff Phase II shall build said sidewalk...prior to occupancy of a house thereon..." 1 have enclosed a copy of the City-Developer Agreement entered into on October 1, 2002 between the City and our affiliate Broughton Umited Partnership. Note that the first paragraph is very similar to what we propose in the Westcliff Phase II special condition that the Staff would have you see is reason to recommend denial of our zoning request: "Prior to the issuance of a certificate of occupancy for each individual lot, the lot owner...shall construct a public sidewalk. However, if there is a sidewalk easement on the lot shown on the final plat of Broughton then said sidewalk shall be constructed within said sidewalk easement." This language in the Broughton City-Developer Agreement demonstrates that the City accepts the concept we propose in the Westdiff Phase II Spedal Conditions, so I am at a loss to explain why the Staff would dte the special condition we propose in this regard as reason for you to recommend denial. In considering the timing of construction of this sidewalk along McDonwell School Road, you may want to take into account that, for the time being, it will lead nowhere, because there is no sidewalk built or likely to be built anytime soon at its east end to carry pedestrians the 900 foot distance from Westcliff Phase II across the Park Service Center, the fire station, and Phase 1 of McPherson Park to the southwest comer of Westmont, where the ten foot wide Westmont trail ends (althouah the park. fees paid by Westcliff Phase IT would be sufficient to construct a ten foot wide trail roughly 700 of that 900 foot distance). 4. Lot Grading and Drainage Provisions. In its Agenda Briefing regarding our Special Condition 5. c., the Staff said, "Lot grading and lot drainage is a builder issue and should be addressed at the time the houses are constructed on the lots. This language is inappropriate for a zoning ordinance as this issue is covered in the Land Development Code." The Staff fails to point out to you that the exact language of this special condition was approved by the City Council as a special condition of the Westdiff Phase I zoning and that, as the enclosed juxtaposition of language from our affiliates' other Colle'y"v'ille PUD-R ordinances shows, similar language has been approved in PUD-R zoning for Westmont, Oakbrook Hills, and Broughton. 7 Note that the final authority we specified in this special condition is not us or our engineer but the City Engineer, viz. "At the developer's election, pursuant to a grading plan acceptable to the City's Engineer,..." Note above and below (again in blue) the similarity of the words used in the Staff's argument and the language proposed by us in this special condition: "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..." This comparison demonstrates no real difference between the Staff's position and ours. So, contrary to what the Staff urges, the lanauaae of this Westdiff Phase II special condition. which has been acceptable to City Councils before. is not reason for you to recommend denial of our request. 5. Lot Drainage Across Two Lots. Again, the Staff urges you to recommend denial of our zoning request due to this special condition which was not only approved for Westcliff Phase I, but also for Westmont and Oakbrook Hills. Note once more that the final authority specified in this special condition is the City Engineer, viz. "...in a grading plan acceptable to the City Engineer..." Because of this limitation, this special condition provides adequate protection for the City and certainly does not constitute a reason to recommend denial of our zoning request. 6. No Water and Sewer Extensions to Adjacent Property. There will be no need for us to construct water lines to serve lots in Westcliff Phase II. Each lot will be provided a connection to the City water line being built in Newkirk Lane as a part of Westcliff Phase 1. We know of no reason why the Staff would say in its Agenda Briefing that "The looping of water lines or access to facilities may need to take place on adjacent property.rr Furthermore, we disagree that there is conflict as the Staff suggests in Spedal Conditions 6.a. and b., the distinction being that 6.a. refers to "extensions...required to be made to adjacent property" whereas 6.b. refers to "installation to serve the (Westcliff Phase II) development across City property". The City not requiring "extensions...to be made to adjacent property" in Special Condition 6.a. does not conflict with the City accepting in Special Condition 6.b. "installation to serve the (Westcliff Phase II) development across City property". III. CONCLUSION If you and the City Council follow the advice of the Staff in this zoning case, you will further undermine the quality of the larger development once proposed for this area, which "vas defeated last year when the Staff hammered the Whittier Heights "square peg" into the Land Development Code's "round hole". On the 8 other hand, Westcliff, the successor development concept to Whittier Heights, will be enhanced, if you do not accept what the Staff is telling you this time. Experience confirms the aphorism "Perfect is the enemy of Good". "Good" is no doubt what the community can expect from our proposal to extend the Westcliff development to the 3.561 acre site proposed for Westcliff Phase II. Furthermore, the choice suggested to you by the Staff between our zoning request and a zoning request more nearly "Perfect" in the Staff's eyes is a false one. Because of the considerable develooment challenges that the 3.561 acre site oresents. denial of our zoninQ reQuest would most likely result in the property not beina developed for many years and then not in a way that is consistent with the planning techniques used in Westcliff Phase 1. Experience also confirms that "A bird in the hand is worth two in the bush." Your decision to recommend approval or denial should be guided by practical consideration of real alternatives and the benefits of approval rather than by the Staffs pernicious interpretation of Land Development Code orthodoxy. Thank you for considering our perspectives on this matter. Sincerely, Broadland Limited Partnership By: The David Bagwell Company, Its genel1il R rtner By: David S. Bagwe cc: Clayton Husband, City of Colleyville Joe Potthoff, Hill, Gilstrap, Potthoff & McGinnis Ned Webster, Hill, Gilstrap 9 Church of Jesus Christ LDS 50 E. North Temple, FL 12 Salt Lake City, UT 84150 Glenwood Heights Dev. Corp 8222 Douglas Ave., Ste 605 Dallas, TX 75225 City of Colleyville David Dacke 321 W. McDonwell School Road Colleyville, TX 76034 Andrew Brownlow 317 W. McDonwell School Road Colleyville, TX 76034 Stephen & Beatriz Byers P.O. Box 532 Colleyville, TX 76034 Henry Wells 413 W. McDonwell School Road Colleyville, TX 76034 Frank & Linda Baker, III 404 W. McDonwell School Road Colleyville, TX 76034 Broadland Limited Partnership 8222 Douglas Avenue, Ste. 605 Dallas, TX 75225 Case Z-03-00-V (Notices dated: January 28,2003) According to the last published Tax Record, individuals who own property that is within the 200' of the pr?po~ed special use permit/and-or/zoning change request are listed above. 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Q.l=c....:U)-(/) :s!''''3l-D'Q)c cn5_CtIOlQ) Q)--..o"l- a. c~o""co 0.2~~2,g u C (]) III Ul .ero +-'.e rno.. ~!t: ~B ,Drn -(]) os C_ _0 ro (]) .eO) rn III - Q) >...... ro U ::ro "!'-o o(]) 'c ~ .- "5~= "i:: 8 Q) ,_ Ul ro (]) ro z.c.c >. :: a.. C(]):t:: ro>= cnOB c~'" .- ~ Q) -gas Th~"C C _ C ,- C ro a}(])(]) u ~ > ro (]) 0 0.0..... rn >.~ C-'O Q)C- 0.Q)0 O~_- .ci u ...= iii o o o to ..- ..... Q) 'C C :J co,: ~o co ~:J o <{o "->. U)::: III 0 ~(]) <{.e C >. ,- .0 Q-g ~e roo. .....0. o ro -~ .e _ -Ql :s!(]) ::- _0 .2~ EC :J.e E ,2> 'c Q) 'E~ 1?1U' f-E -0 ORDINANCE 0-03-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 January 20, 2003, under Case No. Z-03-004; 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 Coli eyville , 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 "e", 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, PERMITTED USES The PUD-R shall have three (3) land uses as indicated on the Zoning Exhibit: Ordinance 0-03-xxxx Page 2 of 5 a. Single family dwelling units b, Open space c. All uses permitted under AG Agricultural zoning shall be allowed on the property until such time as a final plat is approved for the property. 2. PLATTING AND 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 eight 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 northwest, and the north-south dimension of the open space that 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 McDonwell School Road extending the width of Westcliff Phase II from east to west. The owner of the Ordinance 0-03-xxxx Page 3 of 5 most southern lot in Westcliff Phase II 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. 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 specifications 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 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, Le., 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 permitted 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 Sec, 3, Sec. 4. Sec. 5. Sec. 6. Ordinance 0-03-xxxx Page 4 of 5 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 construction. 7. LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Land Development Code, 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 (20%) over the combined acreage of Westcliff Phase I, Old Grove and Westcliff Phase II. 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. day of The first reading and public hearing being conducted on the 2003, day of 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 Ordinance 0-03-xxxx Page 5 of 5 CITY OF COLLEYVILLE: Donna Arp Mayor EXHIBIT A - ZONING MAP J j --I ,-! ~-d-fREE ! i I i I ! I i Af \ \ .~ \ ----< ~ I ! ~'f..'" ------1 \ PlJD-R ~,--1..- ! 0-01-12861 i i i ! i i ! i , -~-, I, IR-40 I ..-"--- T : EXHIBIT B - METES AND BOUNDS DESCRIPTION BEING a 3.561 acre tract of land in the D,J, Beddo Survey, Abstract No, 232, situated in the City of Colleyville, Tarrant County, Texas and being that tract conveyed to Linda S. Baker and Husband, Frank D. Baker, by deed recorded in Volume 12408 Page 1954 of the Deed Records of Tarrant County, Texas (DRTCT) and a portion of that tract conveyed to Broadland Limited Partnership by deed, and being more particularly described as follows: BEGINNING at a 1-inch iron pin found at the southeast corner of said Baker tract, said iron pin also being on the north right-of-way line of McDonwell School Road (variable width right-of-way); THENCE North 89 degrees 31 minutes 39 seconds West along the said north right-of- way line of McDonwell School Road, a distance of 230,85 feet to a %-inch iron pin found, said iron pin also being the southwest corner of said Baker tract; THENCE North 00 degrees 28 minutes 21 seconds East a distance of 522.41 feet to a %-inch iron pin found, said iron pin being the northwest corner of said Baker tract, said iron pin also being on the south line of said Broadland Limited Partnership tract; THENCE North 89 degrees 55 minutes 29 seconds East along the north line of said Baker tract and the south line of said Broadland Limited Partnership tract, a distance of 10,59 feet to a %-inch iron pin found, said iron pin also being the Point of Curvature of a non=tangent circular curve to the right having a radius of 260.00 feet, a central angle of 29 degrees 03 minutes 21 seconds and being subtended by a chord which bears North 31 degrees 24 minutes 27 seconds East 130.44 feet; THENCE northerly and northeasterly along said curve to the right a distance of 131.85 feet to a %-inch iron rod found; THENCE North 45 degrees 56 minutes 07 seconds East tangent to said curve, a distance of 93,54 feet to a %-inch iron pin found, said iron pin also being the Point of Curvature of a circular curve to the left having a radius of 340,00 feet, a central angle of 28 degrees 22 minutes 48 seconds and being subtended by a chord which bears North 31 degrees 44 minutes 43 seconds East 166.69 feet; THENCE northeasterly and northerly along said curve to the left a distance of 168.41 feet to a %-inch iron pin found, said iron pin being on the east line of said Broadland Limited Partnership tract; THENCE South 00 degrees 28 minutes 21 seconds West along the east line of said Broadland Limited Partnership tract and the east line of said Baker tract, a distance of 842.48 feet to the Point of Beginning and containing 155,113 square feet or 3.561 acres of land, more or less, EXHIBIT C -CONCEPTUAL SITE PLAN U- '< ~ ~ 10 I j fi t-t~ ;I= I'p m.,l,.." :,'..,. 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