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Home My WebLink AboutOrdinance No. 567 CITY THE COLONY ORDINANCE NO. '~ 7 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS ADOPTING THE LAND USE ASSUMPTIONS; PROVIDING FOR ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TEE COLONY, TEXAS: Section 1. That there is hereby adopted the Land Use Assumptions prepared by the Capital Improvements Plan Advisory Committee of the City of The Colony ("City"). A copy of said document is on file with the City Secretary. Section 2. That the enforcement of the Land Use Assumptions shall be by the City Manager or through any person whom the City Manager may designate, provided that such person is employed by the City. Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 4. This ordinance shall be effective from and after its passage. PASSED AND APPROVED this ~day of ~, 1988. Don A~ick, ~f6~''- ~ ,:~ C~ ~:-~icks, City Secretary AS TO FOR~: City Attorney LAND USE ASSUMPTIONS REPORT for THE CITY OF THE COLONY, TEXAS Incompliance with Senate Bill 336 Relating to the Imposition of Impact Fees 1988 - 1998 LAND USE ASSUMPTIONS REPORT INTRODUCTION Mandated by Senate Bill 336 of 1987, each city in the State of Texas wishing to impose impact fees must consider and adopt an impact fee ordinance. In Section 1 (4) (A) an impact fee is defined as ". charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to such new development." This "charge or assessment" must be thoroughly justified by the establishment of several required documents; these are the land use assumptions report and the capital improvements plan. The land use assumptions are defined in Section (4) (B) (5): "...includes a description of the service area(s) and projections of change in land use, densities, intensities, and population...over atleast a ten year period." The capital improvements plan is defined in (1) :" .... a plan ...... which identifies capital improvem.?~i.~ facility expansions pursuant to which impact fees may be (i.e. water supply, treatment, and distribution fac~ ~ wastewater collection and treatment facilities; storm drainage, and flood control facilities; whether or not within the service area, or roadway facilities, with a_].~ _ expectancy of three or more years, owned and operated on be~al~~ of a political subdivision - Section 1 (2) )." The land use assumptions in this report were derive~ basic zoning change trends over the last ten years.Z,,~n~ ~ ~ ~,~ rezoning activities were researched and tabulated on Exhibit A. From this table each zoning district's rezoning histcuy plotted. This was accomplished by adding the total acres c,- particular district that it had been rezoned to, divided ~'v (the projections must cover atleast a ten year scope) a~ ~ ~ increment multiplied by ten in order to establish the number of expected acres to rezone to that district by''~ Basically,an average of the acres rezoned for each distr~c[~ multiplied by ten to establish the 1998 district's, total Included also is Exhibit B, which has inventoried ~ land in The Colony. It has also plotted, in a quasi-spreads?~ee~ format, the expected rezoning from one district to anoth~r~ total anticipated acres is listed with percentages on the page of Exhibit B. This will illustrate the process of 1~ ,'~ ~, change from now until 1998. It is expected that this format be used in updating the report in future. From this point the ~Capi'tal Improvements Plan Advisory Committee reviewed the data and have made final recommendations to the city council in regard to the anticipated land use assumptions for The Colony for 1998. The recommendations are contained in this report. SERVICE AREA DESCRIPTIONS. A service area is defined as the area within the corporate boundaries, or extraterritorial jurisdiction ........ of the political subdivision to be served by the capital improvements facilities expansions specified in the capital improvements plaD~ except roadway facilities. The service area ........ may include all or part of the land within the political subdivision or its extraterritorial jurisdiction, except for roadway facilities. For roadway facilities, the service area is limited to an area within the corporate boundaries of the political subdivision and shall not exceed a distance equal to the average trip length from the new development, but in no event more than three miles, which service area shall be served by the roadway facilities designated in the capital improvements plan (Section 1 (9) ). The Advisory Committee has defined eight service areas in which the most likely future growth will occur. They are: A. WYNNEWOOD SERVICE AREA B. STEWART'S CREEK SERVICE AREA C. MAIN STREET OFFICE PARK SERVICE AREA D. MAIN STREET BUSINESS PARK SERVICE AREA E. PAIGE/121 BUSINESS PARK SERVICE AREA F. INDUSTRIAL PARK SERVICE AREA G. PARKWAY SERVICE AREA. As required by S.B. 336, the service areas must b~ described not only in 1988 but also for 1998. The desc~rc for this report will revolve around land use changesc~.~ ~ recommended density standards established by the Committee. Specifically, different floor to area ratie~ assigned to different proposed districts. A. WYNNWOOD SERVICE AREA. This service area is located in north Colony, west~ of FM ~73 along Boyd Rd. It contains approximately 1328.00 acres. It is presently zoned as follows: SF 4: 116.922 ACRES SC : 31.906 ACRES CORPS: 664.00 ACRES AG : 515.175 ACRES Today, less than ten people live in this service area In 1998,the Advisory Committee has projected that shopping center, general retail, and planned development districts will occur in this service area. DISTRICT ACRES F.A.R. SF4 116.922 4 homes to the acre 8.8% SC 148.825 1:1 11.20% GR 27. 1:1 2.03% PD 371.2560 70% average three homes to the acre and SF 1 27.95% 30% MF: 12 units to the acre CORPS 664. Vacant. 50.0% A basic parks policy of one acre for every 1000 new people was also included, although this practice is not addressed in the bill as being an "impact fee". However, it was considered a proper planning guide. Two ten acre sites have also been provided for in the overall build out of this service area. B. STEWART'S CREEK SERVICE AREA. 2 This service area is located on the west side of The Colony Stewart's Creek peninsula. It is a 205.2 acre tract of zoned Planned Development (per ordinance #465, passed on 5, 1987). In 1998, the Advisory Committee foresees no major changes to t}~e existing zoning and planned development for this area. the Lewisville Independent School District has expresse~ aa interest in developing a ten acre school site in this area within the next year. It is the Committee's opinion that the area wil]~ be developed along the guidelines established in ordinance 465. C. MAIN STREET OFF/CE PARK SERVICE AREA. This service area is located west of FM 423 between North South Colony Boulevards. It consists of 72.695 acres. Presently, the service area is zoned: OFFICE-1 24.8920 ACRES OFFICE-2 9.803 ACRES MULTI-FAMILY/1 38.00 ACRES The service area is uninhabited. In 1998, the advisory committee has projected that the multi- family districts will be rezoned to an office district. The projections are listed below: DISTRICT ACRES F.A.R. PERCENTAGE OFFICE-1 24.8920 .75 34.25% OFFICE-2 47.803 2.0 65.75% 100.00% D. MAIN STREET BUSINESS SERVICE AREA This service area is located on the north side of State Highway 121, between Paige Rd. and the western most city limits. The total acres of this area is 615.44 acres. Presently, the service area is zoned: SF 144. ACRES GR 24.40 ACRES BP 420.20 ACRES 0-1 6.18 ACRES 0-2 20.66 ACRES At this time the property remains uninhabited. In 1998, the Committee has projected this area to be developed as follows: DISTRICT ACRES F.A.R. PERCENTAG~ BP 564.20 BP ordinance 91.67% GR 24.40 1:1 3.96% 0-1 6.18 .75 1.00% 0-2 20.66 2.0 3.36% 100.00% E. PAIGE/121 BUSINESS PARK SERVICE AREA. This service area is located east of Paige Rd., west of the road tracks, and north and south of State Highway 12~ , approximate acreage of this service area is 1204.14 Presently, it is all zoned as an Industrial diBtrict ~d for Business Park uses. the present population remains at ze~c~ In 1998, the Committee projects the service area to be in the following manner: DISTRICT ACRES F.A.R. PERCENTAGE BP 1138.587 BP ordinance 94.55% OFFICE 50.25 2.0 4.17% SC 15.30 1.0 1.26% 100.00% F. INDUSTRIAL SERVICE AREA. This service area is located west of the rail road tracks and south of Baker Drive. The approximate acreage of this track is 204. acres. It is presently an Industrial district. The area is both undeveloped and uninhabited. In 1998, the Committee anticipates that the area will remain an industrial use. The particular floor to area ratio for this anticipated service area is 1.0. G. PARKWAY SERVICE AREA. This service area is located south of McKamey Trail,east and west of the railroad tracks, and south of State Highway 121. The city has currently zoned this area in the following manner: AG 383.5 ACRES PD 769.28 ACRES The total acres of this service area is 1152.78. In 1998, the Committee projects that the following land uses possible in this area: DISTRICT ACRES F.A.R. PERC~NTAC~ AG 127.187 ~ SC 33 8 1.0 2 GR 13.5 1.0 ~ .]7!! PD 307.7 8 units to the acre up to 12 units/aere PD (ordinance 369)589.0 30% is business park ~.~ 70% is MF~2 (15 units to the acre - average) PD (ordinance 382) 53.0 SF-4 BP 33.5 4:1 CONCLUSIONS From these general guidelines and standards established by the Capital Improvements Plan Advisory Committee and city staff, the specifics of the capita] improvements plan can be determined and so too can the basis for justifying any particular service area's impact fee schedule. It is common practice to determine the proposed populat~o~ from floor to area ratios. With this concept in mind, the basic "intensities" and "densities" required by the bill can be readily calculated. Consequently, these calculations will prescribe the quantity and extent of any capital improvements needed in a service area. It is also readily understood that the service areas defined in this report can be further subdivided depending upo~ the nature of any future development that might occur in the city. If that is the case, the standards established by the Committee per district identified on the land use map (exhibit C) hopefully will be upheld. In conclusion, a mention must be made about the thoroughfares on the land use assumptions map. thoroughfares were addressed for two reasons: 1) to pathways for the proposed water ~ine study currently und~r and 2) with a proposed plan for thoroughfares the development of roads in the city will not develop haphazarJiy will provide future development interests with solid definite ideas of the city's direction. ZONING ~ISTORY 1978 - 1887 CITYi 3219. 4013. 4321. 4321.! 4571. 4654. 5167. 6839. 7248. 7612, SIZE 2985 6895 9913 9913 2593 2333 6063 7063 2663 5496 YEAR 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 BP 420.2 570.~ I 858.2 HC GR 16.31 2.0 .95 1.24 2.28 SC 20.5 11.3 13.6 5.9 3].9 NS 2.08 5.09 18.6 19.9 9.9 48.3 1.36 41.8 31.1 O 5.14 2.35 ].8 26.8 34.7 P A PD 769.2 PD-R 152.0 205.2 MF1 38.0 MF2 MF3 MF4 'TH MH 7.7 D 41.5 SF C O N T I N U A L D E V E L O P M E N T see totals) SF1 SF2 SF3 SF4 116.9 T= 44.04 905.6 73.17 19.9 176.4 49.57 1219. 287.7 757.~ EXHIBIT A ZONING HISTORY 1978 - 1887 CITY! 3219. 4013. 4321, 4321 4571 4654 5167 6839. 7248 7612. SIZE'2985 6895 9913 9913 2593 2333 6063 7063 2663 5496 YEAR 1978 1979 1980 1981 1982 1983 1984 1985 1986 1987 BP 6.148 7.49% I 21.4% HC LC iGR .50% .04% .02% .02% .03% SC .63% .26% .29% .08% .41% NS .06% .12% .42% .46% .21% .93% .01% .57% .40% O .15% .05% .04% .39% .47% P A PD 11.2~ PD-Ri 3.26~ 2.83~ MF1 .94% MF2 MF3 MF4 TH MH .10% D .95% SF C O N T ! N U A L D E V E L O P M E N T see totals) SF1 SF2 SF3 SF4 i _ ~ T= 1.36% 22.5% 1.69% .46~ 3.79% .95% 17.8% 3.96~hj~,995% EXHIBIT A ZONING HISTORY TOTALS ACRES REZONED % OF ACRES BP = 990.5099 13.01% = 858.2180 11.27% HC = 0 LC = 0 GR = 22.7902 SC 83.2770 1.09% NS = 178.1141 2.33% O = 70.8920 .93% P = 0 A 0 PD = 769.2870 10.10% PD-R= 357.2250 4.69% MF1 = 38. .49% MF2 = 0 MF3 = 0 MF4 = 0 TH = 0 D = 41.4780 .54% MH = 7.678 .10% SF = 2123.2704 27.89% SF1 = 0 SF2 = 0 SF3 = 0 SF4 = 116.922 1.52% TOTALS:5657.6616 74.73% EXHIBIT A 1988 ACRES % OF T~8~ ANTICIPATED PROJECTED ACRE~ (7671.6469) ACRES ANNEXATIONS TO REZONE-1998 Z/D BP 990.5099 12.91% 1090.944 I 837.8299 10.92% 0 HC 0 0 0 LC 0 0 0 GR 47.1902 .61% 77.722 SC 113.4126 1.47% 133.811 NS 12.0032 .15% 254.802 0 41.451 .54% 88.139 P 0 0 0 A 1370.1504 17.85% 350 0 PD 769.3 10.02% 0 PD-R 357.2 4.65% 487.970 MF1 38. .49% 0 MF2 0 0 0 MF3 0 0 0 MF4 0 0 0 TH 0 0 0 D 41.5 .54% 0 SF 2123. 27.67% 0 SF1 0 0 0 SF2 0 0 0 SF3 0 0 0 SF4 116.9 1.52% 0 MH 7.7 .1% 0 EAST- VALE 206.2861 2.68% 0 PARK PARK 225. 2.93% 0 LISD 158.6520 2.06% 0 CITY 43.878 .57% 0 COUNTY 13.659 .17% 0 CITY SIZE: 2133.3880 EXHIBIT B TOTAL ACRES ANTICIPATED REZONING PROJECTED ACRES 1998 FROM - TO (BY 1998) OF DISTRICTS '98 Z/D BP GR SC 0 PDR BP 2081.4539 -30 '1566.5099 I 837.8299 -30C -30 -15 -20 -100 372.8299 HC 0 0 LC 0 0 GR 124.9122 117.1902 SC 247.2236 194.4126 NS 166.8052 178.8084 0 129.6841 129.5451 P 0 0 A 1720.1504 -306 -40 -66 -400 908.1504 PD 769.3 769.3 PD-R 845.1700 857.2 MF1 38. -38 0 MF2 0 0 MF3 0 0 MF4 0 0 TH 0 0 D 41.5 41.5 SF 2123 2123. SF1 0 0 SF2 0 0 SF3 0 0 SF4 116.9 116 9 MH 7.7 7.7 EAST- VALE 206.2861 206.2861 PARK PARK 225. 225. LISD 158.6520 158.6520 CITY 43.878 43.878 COUNTY 13.659 13.659 CITY SIZE: 9997.1044 606 70 81 88 500 8022.8216 EXHIBIT B