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HomeMy WebLinkAboutCity Council-Agenda Packets-3/15/2005City of Texas CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET MARCH 15, 2005 5:15 P.M. -PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Discussion of the 2005 Bond Election PC-2. Update of Economic Development Initiatives PC-3. Update of the Economic Development Strategic Plan PC-4. Presentation of Monthly Financial Report PC-5. Update of the 2005 Water System Improvements PC-6. Discussion of enhancing public information offered by the City through mediums such as the Colleyville Communicator, Government Access Channel and the City's website PC-7. Discussion of selecting dates for hosting a Senior Citizen Forum, Sports Forum and joint meeting with the Grapevine-Colleyville Independent School District (GCISD) Board of Directors PC-8. Review of City policy regarding capital expenditures for parks PC-9. Discussion of the March 15, 2005, City Council regular agenda items REGULAR AGENDA 6:45 P.M. -CALL TO ORDER ROLL CALL 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Sec. 551.071 - Environmental Conservation Organization ("ECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Sec. 551.071 - Helen Boyce vs. City of Colleyville Sec. 551.071 - Brian K. Meroney vs. City of Colleyville Sec. 551.071 - Legal -Potential Litigation -Pecan Village Partners Sec. 551.072 - Property Acquisition Sec. 551.072 - Proposed Sale of Property - 5500 Colleyville Boulevard Sec. 551.074 - Personnel Review 7:30 P.M. -RESUME REGULAR MEETING COUNCIL CHAMBERS INVOCATION: Sister Theresa Khirallah, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of Chantz Cottrell for increasing awareness of and promoting organ donation PROCLAMATION - In recognition of Donate Life Month -- Ms. Sally Pearson PROCLAMATION - In recognition of Covenant Christian Academy winning the 2005 TAPPS ZA State Basketball Championship - Mr. Rod Butler, Head Coach CONSENT: 3. READING AND PUBLIC HEARING -Resolution R-05-2524 -Consent Items: a. Approval of minutes of the regular City Council meeting of March 1, 2005 b. Approval ofi the minutes of the City Council Worksession of February 23, 2005 c. Approval of a Final Plat of Pine Hill Estates, 3.67 acres, located at 1209 Tinker Road, Case P-05-006 PUBLIC HEARINGS: 4. FIRST READING AND PUBLIC HEARING -- Ordinance 0-05-1516 -Approval of a Special Use Permit for an educational center on Lott R, Block 1, Town Center Colleyville Phase I, located at 5611 CoAeyville Boulevard, Suite 240, Case Z-05-007 5. FIRST READING AND PUBLIC HEARING -Ordinance 0-05-1517 -Approval of a Zoning Change from R20 to PUD-R on 1.667 acres on Tracts 1A3, 1A3A, 1A3B on Abstract 1176 of the J.J. Newton Survey, located at 5612 Bransford Road, Case Z-05-004 6. FIRST READING AND PUBLIC HEARING -Ordinance 0-05-1518 -Approval Replacing Ordinance 0-04-1490 for the establishment of school zones within Colleyville 7. READING AND PUBLIC HEARING -Resolution R-05-2525 -Approval of a Final Plat of Cambridge Place Addition, 9.181 acres, located south of Centerpark Drive, east of Colleyville Boulevard, Case P-05-004 8. READING AND PUBLIC HEARING -Resolution R-05-2526 -Approval of a Request for a deferral of perimeter street improvement requirements on Pine Hill Estates, located at 6304 L.D. Lockett Road, Case P-05-006 9. READING AND PUBLIC HEARING -Resolution R-05-2527 -- Approval of Endorsing certain legislative changes to S.B. 7 supported by Cities Aggregation Power Project, Inc. (CAPP) 10. READING AND PUBLIC HEARING- Resolution R-05-252$ -- Approval of the Settlement Agreement with TXU Transmission and Distribution Company (TXU) REPORTS: 11. PLANNING AND ZONING COMMISSION MINUTES -February 14, 2005 CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 15, 2005 - Reading and Public Hearing -Resolution R-05-2529 ADJOURNMENT: 14. ADJOURNMENT I hereby certify the above a s osted on the bulletin boards at City Hall on Friday March 11, 2005, at 5:00 p. Cynthia Singleton, TRMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. LiIY q/ PRE COUNCIL ~, ~~ AGENDA BRIEFING TC C. ~ MEETING DATE : 03/15/05 CITY MANAGER ITEM # : ~ PC-1 DEPARTMENT HEAD j ~ FINANCE REVIEW ~ N/A Previous Action: None DEPARTMENT : CITY COUNCIL SUBJECT : Discussion of the 2005 Bond Election This item provides the opportunity for the City Council to discuss the 2005 Bond Election. PRE COUNCIL CC@~CIJ AGENDA BRIEFING "'("x~$ MEETING DATE: ! ITEM #: 1 03/15/05 PC-2 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW! N/A Previous Action: None DEPARTMENT: ECONOMIC DEVELOPMENT SUBJECT: Update of Economic Development Initiatives This item provides an opportunity for the Economic Development Manager to present an update of Economic Development Initiatives. Attachments . Memorandum of Economic Development Initiatives MEMORANDUM TO: Mayor and City Council FROM: Scott Welmaker, Economic Development Manager DATE: March 1,2005 SUBJECT: Update of Economic Development Initiatives Council has requested an economic development update at the first City Council meeting of each month. Some of the initiatives under development since the last report include: . Working with an architect to develop the northwest corner of Hardage and SH26; . Working with a prospect to develop the southwest corner of Hardage and SH26; . Working with a developer on a 15-20 acre retail project; . Working with several property owners on SH26, Precinct Line and Glade to explore development opportunities; . Delivered Buxton Community ID Phase II pursuit packages to selected retailers; . Working with Buxton on a joint press release; . Beginning follow-up on the pursuit packages, including setting up appointments for the International Council of Shopping Centers conference in May; . Working with GIS to create a Colleyville aerial poster for distribution to developers; . Continuing to work with Town Center developer to create an incentive program to attract two lead tenants to Phase II including developing revenue projection analyses for these two proposed projects; . Forwarded incentive contracts for Town Center prospects to the new City Attorney; . Developed conceptual site plans for Precinct Line property, SH121 frontage and Heritage at Glade; . Working with broker to explore development opportunities at Glade Road and Heritage Road - 4 acre project to include retail and office; . Working with ServiStar owners to develop their properties at John McCain and SH26; . Working with a developer who has made an offer for 240 acres at the southwest corner of SH121 and Glade including all undeveloped property west of Heritage in the Colleyville City limits; . Continue working with developers to sell the City-owned 1.9 acre tract at Church Street and SH26; . Contacted and provided information to the owner of the tract adjoining the 1.9 acre Church property tract; . Completed a draft for a strategic plan in accordance with recommendations in Resolution R-02-2262 and the goals for FY2005 listed in the City budget. This will be on the March 15 agenda; . Working with City departments to develop a SH26 redevelopment plan; . Working with the Community Development Department to plan redevelopment for the "Thompson Terrace triangle" and other areas which will be impacted by the widening of SH26; . Ongoing development of contacts with commercial real estate agents including membership in North Texas Commercial Association of Realtors, International Council of Shopping Centers, CIBnet and Commercial Real Estate Women; . Ongoing work with the Community Development Department to evaluate proposed commercial projects; . Continuing to contact prospective tenants and developers and developing a list of businesses for targeted marketing; . Ongoing participation in groundbreakings, ribbon cuttings and grand openings of Colleyville businesses; . Continuing to meet Colleyville small business owners and operators; . Ongoing participation in Leadership Colleyville; . Awarded Certified Economic Developer recertification through June 2008; . Continuing as the City's ambassador as a board member of the Colleyville Area Chamber of Commerce and ArtsNET and providing updates to citizens through public speaking engagements at civic clubs. . Continuing to work with local retailers to develop a "buy locally" campaign to include direct mail and print advertisement. Gi~Y n/ PRE COUNCIL ~~ ~~ AGENDA BRIEFING 7CC1) MEETING DATE : 03/15/05 CITY MANAGER ITEM # : ; PC-3 DEPARTMENT HEAD FINANCE REVIEW ' NIA Previous Action: None DEPARTMENT : ECONOMIC DEVELOPMENT SUBJECT : Update of Economic Development Strategic Plan This item fulfills the Council Work Initiative to develop a Strategic Plan for Economic Development. Attachments • A Strategic Plan for Sustainable Economic Development in the City of Colleyville, Texas A Strategic Plan for Sustainable Economic Development in the City of Colleyville, Texas The Economic Development Department is charged with maximizing the City's sales tax revenues. In keeping with this overall mission, the City has implemented a three point strategy in order to accomplish this important revenue- generating task: • To identify and assist retail developers to commit, invest and build new high quality municipal sales tax generating projects in Colleyville • To assist our present landowners in the sale and development of potential retail sites to their highest and best use; and • To recruit new and retain existing Colleyville retailers, restaurants and sales tax generating businesses that our citizens and visitors desire and will support. Colleyville's Economic Development Mission Statement from the City website MODERATOR: It's interesting to look at what your advantages are as a city. For example, 1 noticed that your slogan in Kansas City is "City of Founfains, Heart of the Nation. "How did you start that process? MAYOR CLEAVER: We had to look at what we felt we had that other cities didn't have. For example, we have more fountains in Kansas City than any city in the world except Rome. So our city logo now is "The Fountain...." We thought the best way to market that was to put it into our slogan and into our city logo.... INTRODUCTION The purpose of this plan is to set forth the goals and strategies for sustainable economic development for the City of Colleyville. The intended result of this planning effort is an inclusive strategy to move the community forward to become a better place in which to live, work, shop and play. This plan will help create a roadmap for an economic development effort informing Colleyville's leaders where we are, where we want to go and how to get there. Before a community can decide where it wants to go or who it wants to be, it must first know who it is. The assessment of "who" Colleyville is can be determined in a number of ways. The personality, or character, of a city is complex. It is made up of its citizens and businesses, its perception by visitors, its leadership, political structure and many other factors. The findings of the Colleyville Economic Development Task Force in 2003 will direct this strategic plan. Other inputs include observations over the past eight months by the economic development manager, supplemented by interviews and solicited input from stakeholders. Strengths, Weaknesses, Opportunities and Threats Because an issue is listed as a strength, a weakness, an opportunity or a threat does not necessarily mean that it is a priority concern for the community. In strategic planning only key issues are addressed so that limited resources can be more effectively allocated. Colleyville's Strengths: • "Town and Country" charm of residential neighborhoods and streets; • Convenient to DFW Airport and major employment centers; • Exceptional public school system; • High standard of living, high income, high housing value. Colleyville's Weaknesses: • Limited land for commercial development; • Low population density; • Roadway access and traffic flows to commercial areas; • Limited commercial property on major thoroughfares; • Developer uncertainty of the outcome of zoning and development requests; Colleyville's Opportunities: • New major developments along SH26; • Available land on Precinct Line Road; • Available land at Glade and Heritage; • Redevelopment of SH26. Colleyville's Threats: • SH 26 pending reconstruction; • Significant and vocal public sentiment for limiting development; • New and planned developments in neighboring cities which will compete for tenants. Locational assessment Input was solicited from five developers in the data collection phase of the 2003 report from the Colleyville Economic Development Task Force. The Economic Development Manager confers daily with developers and real estate professionals and has solicited input from them to include in this report. Some of the locational advantages and disadvantages identified in Colleyville are listed below: Locational advantages of Colleyville: • Geographically central to a large, growing and affluent population; • Near DFW Airport and employment centers; • Two large commercial developments underway; • Steady high end residential growth and demand. Locational disadvantages of Colleyville: • Limited direct frontage on major traffic corridors; • Absence of east-west corridors leading traffic to development target areas; • Pressure on existing undeveloped land for residential development; • Absence of large commercial parcels (over 20 acres). Colleyville Economic Development Task Force On July 15, 2003, the City Council created the Colleyville Economic Development Task Force for the purpose of reviewing the City's commercial opportunities and making recommendations to the City Council. Nine citizens were appointed to serve on the Task Force as voting members with an additional forty citizens selected to serve as adjunct members. The Task Force divided into three subcommittee groups to study various issues relative to enhancing commercial development. The full Task Force met each Wednesday evening with subcommittee meetings held either at the same time or on alternate dates. The enabling resolution provided for a report to be presented to the City council by November 15, 2003 and identified community priorities. Community Economic Development Priorities The Task Force recommended the City examine five major issues and make appropriate changes where possible: Land Development Code • Recommend a list of specific changes to the Land Development Code to make it more objective; • Recommend that staff conduct an exhaustive review of the LDC to identify other opportunities to eliminate discretion and add clarity to the process; • Recommend that "Large Commercial Buildings" be defined as a single user over 60,000 square feet and that zoning is allowed by right in certain districts. Economic Development Director Strongly urged the Council to hire afull-time economic development person who will actively market Colleyville; • Recommend that the Council pass enabling an economic development incentive program the Economic Development Manager; • Recommend that the Council pass enabling an "exit interview" procedure for businesses lost opportunities. Non-Conforming Uses ordinances that will establish run by the City Manager and ordinances that will establish that leave Colleyville or are • Recommend that the Council pass enabling ordinances that will establish a policy to eliminate non-conforming uses on SH26; • Encourage more vigorous enforcement of current ordinances governing non-conforming uses. Miscellaneous • Recommend that the next Charter review effort be tasked with an analysis of the current Council terms of office. The purpose of the review will be to obtain greater political stability. This will include a review of possibly changing election dates to obtain a better voter turnout. Master Thoroughfare Plan • Recommend that the City council formalize support for the Master Plan by passing a resolution stating: o The strong desire to preserve Master Plan dedicated commercial space; o Require a specific written justification for any deviations from commercial usage that is recommended by P&Z of other city bodies. • View possible road improvements and plans for improvements (including widening projects) and preserving rights of way from the point of view of economic development impacts, not just raw traffic flow. This is to include an ongoing program of public education regarding the need for improved access for business development. TARGETED BUSINESSES FOR COLLEYVILLE Colleyville is an affluent residential community. The City is landlocked and has few large commercial parcels. Therefore, Colleyville is best suited for small to medium professional office projects as well as retail and service businesses. Strong growth for the Dallas and Fort Worth metropolitan areas is assured for the foreseeable future. Northeast Tarrant County will continue to see a large share of the residential and commercial growth. Neighboring cities have developments either underway or planned which will directly compete with Colleyville's developments for tenants seeking to tap the region's disposable income. The Buxton Community !D project identified twenty retailers whose profiles closely match Colleyville's. It is not reasonable to assume that most of these will choose a location in Colleyville as other factors, such as size and co-tenancy of desirable developments may not fit their model. However, these businesses have been contacted and will continue to be targeted. A secondary effort is underway to educate Colleyville's existing merchants of the prospect of building their inventories to address the offerings of the identified retailers. CONDITIONS AND BARRIERS Conditions: • Maintain "Town and Country" feel -Minimal impact on traffic, roads and neighborhoods; • Maintain a low property tax rate; • Increase sales tax revenue; • Create new retail and dining opportunities for residents and visitors; • Better serve Colleyville demographics; • Import sales from neighboring cities. Barriers to Economic Development • Cost of land; • Availability of land; • Limited daytime population; • Limited access to high volume traffic arteries; • Citizen opposition; • Competition in neighboring cities. BRANDING "When it comes to branding, it is best to build believably on what is recognizable or desirable in a city" -Brisbane Institute director Peter Spearritf. A brand defines the unique point of differentiation for an organization and is the only real opportunity to stand out. Brands are much more than names or logos. They are as much a way of doing business as they are a reputation or identity. The strongest brands tend to be the ones with the most consistent and clearest messages. It is easy to manage the branding of a product because you can make it look like whatever you want. By existing and interacting with others, an organization is branding itself, so branding is happening whether or not the process is being managed. A brand is how an organization is perceived by others -what others think the organization is. Because we cannot control what others think, the only way to manage a brand is to approach it from the opposite direction: think about what Colleyville means to say and try to convey that in word, image and deed. Branding can be best understood as a business strategy to gain customer trust. Branding occurs when a distinct head and heart response happens in relationship to a company symbol or logo. A good brand story tells the truth about an organization - if not today's truth, then a truth that is aspired to. Brand stories can be used to broaden and deepen the brand concept further by relating memorable examples to human concerns, aspirations, and emotions. An important aspect of the brand story is that it be consistent with everything the City does. Brand stories are assets of an organization because they generate pride and inspire staff. They show staff how it is possible to deliver the brand. Dissatisfaction with customer service, particularly in governmental organizations, is burgeoning. Not only is discontent reflected in many surveys, but entire websites are devoted to slamming different brands. According to David Burrows of The Design Agency in England, "40 percent of marketing investment is wasted, as ill-informed or demotivated behavior by staff unwittingly undermines the promotional promise. The result is that 68 percent of those who do buy go away because of how they were treated." All of Colleyville's employees, elected officials and citizens are agents of Colleyville's brand and share a responsibility to do the best they can on its behalf. Organizations spend millions to tell the world how they want to be perceived and then a human being with a few simple words can shatter the illusion. The organization's service has to be to be aligned with the brand and the new campaign. Create a powerful and inspired vision A vision is an idealized picture of the future of the City. The vision defines who and what Colleyville is, why it exists, and where it is going in the grand scheme of things. In order to understand or identify Colleyville's vision, we have to define: 1. The City of Colleyville's fundamental reason for existence; 2. The timeless, unchanging core values of the City; 3. The aspirations for the future of the City. A shared vision exists when every person in the organization understands the vision and is aligned with it. A shared vision helps guide the behavior of all stakeholders and can lead to productivity and efficiency. A strong, shared vision can provide a sense of direction and purpose, build and strengthen loyalty through involvement, and set high standards of excellence that reflect high ideals and a sense of integrity. A strong vision also inspires people to align their energies in a common direction that reflects the City's unique strengths. A strong, shared vision is the first step in an internal branding strategy which is an important part of the larger, overall branding strategy. There are four steps to creating a strong sense of shared vision: 1. Identify the core values that exist in Colleyville; 2. Define the core City purpose and envisioned future; 3. Create an effective Vision Statement; 4. Communicate the vision over time at every opportunity. Great brands thrive even in economic downturns, attract developers, and are not easily copied by competitors. Therefore, it is highly desirable that Colleyville build a great brand. Colleyville must actively manage our brands. Keep in mind that every person and every City already has at least one brand. The primary brand, of course, is your name or the name of your City. Whether or not you think we have branded Colleyville, we have done so by choosing a name, identifiable marks, products, and services associated with your City. These are all part of your brand's DNA. At its essence, a brand is an identifiable entify that makes specific promises of value. 1t is critical to understand what customers and prospects think our brand promises to them. Brand audit During a brand audit we will construct a snapshot of where Colleyville's brand stands today and will discover possible new sources of equity to build upon in the future. There are three steps in a brand audit: • Brand Inventory is a review that provides a complete profile of how all of Colleyville's services are marketed and branded. • Brand Exploratory is a market research activity that often employs qualitative market research techniques designed to identity possible sources of brand equity and provide detailed information about how consumers think and feel about your brand. This can be a very complex process as it attempts to map or inventory all the associations and perceptions your brand commands in peoples' minds. • Analysis & Brand Positioning reviews the knowledge gained in the first two steps of the audit to ultimately determine the desired brand awareness, brand equity, and brand positioning. Brand positioning is the place your brand holds in the minds of your prospects. The best positioning for your brand is determined within the context of its position relative to competing brands. This position held within the minds of consumers is defined by your brand's unique selling proposition and sustainable competitive advantage, as well as our brand's parity with other brands in the category. Create brand messages and communication strategy linked to vision Once the brand has been inventoried and positioned, it is essential to devise an effective brand communication strategy. A strong brand position is not easily copied and is best summed-up in a memorable word or short phrase. Appropriate elements of the City's vision and core values are also incorporated into the brand communication strategy. Communicate the message with consistency and clarity Carefully crafted messages about the brand, communicated in the right way to the right people, will tap emotion, segment the brand from the competition, and help shape the image of the brand. Messages about the brand must be communicated clearly and consistently and integrated into all marketing communications consistently over time and at every point at which prospects come in contact with the brand. Monitor and Measure Brand equity can and should be tracked on a continuing basis. Perceptions about the brand will change over time and need help to evolve and stay relevant. This is accomplished by articulating brand statements that describe exactly what the brand is and what it is not in terms that continue to resonate with your market. This can only be achieved through periodic measurement, evaluation, and refinement. The main promises of value your brand makes must remain constant over time yet may have to be communicated in new ways. Although brand communication can be refined, it is very difficult or impossible to change the essence of what a brand stands for once it has been established in the minds of consumers. If conventional wisdom in the organization is that the brand needs to be totally repositioned, consider launching a new brand instead which is, again, tied to Colleyville's core values and vision. Keep the brand promises The best way to stay true to your vision and keep your brand promises is to live them everyday. Use every opportunity to share Colleyville's vision and act in a consistent manner supporting it. Deliver on every promise the brand makes to our market. The brand is nothing more and nothing less than the promises made to our market and we must consistently keep those promises. Once everyone in the City is acting in accordance with the vision and brand promises, Colleyville will be sending a powerful message to the outside world each and every time a person comes in contact with Colleyville's ambassadors. Costs and strategies for a branding exercise • Low cost: Develop brand with input from citizens: o Hold a logo design contest from high school students; o Hold essay contest leading to a brand identity; o Judged by community volunteers; o Award winners with gift certificate to Colleyville merchants. • High cost: Develop brand with consultant o Develop RFP for consultant; o Budget $10,000-$25,000 for process; o Consultant holds charettes with community stakeholders; o Consultant recommends branding identity o Design logo, adopt tagline MARKETING AND ADVERTISING One of the most important aspects of promoting a city is in making it attractive to businesses and as a destination for non-residents. Cities should promote themselves in ways that their residents find believable. Marketing the city in general • Capitalize on day spas, unique retail • Fountains/water features • Parks, neighborhoods • Proximity to DFW and employment center Market specific sites and opportunities • Precinct Line -memo of understanding to work together and price their land realistically • John McCain -work with developer to create a pleasing gateway into Colleyville • Smaller parcels on 121, 26 -work with Art and Architecture departments to develop ideas and standards for redevelopment • SH121 -Hotel and retail opportunities Develop the ability to create in-house promotional literature • Capability to respond quickly • High quality customized brochures, maps • Advertise in select print media in select markets • Base ad campaign on the outcome of the Buxton report data Website • Most site search is done via the web. • The GIS mapping software on the www.colleyville.com website is being utilized and is extremely well received. • Until a more sophisticated website is developed, the Economic Development Department has developed pages that can be easily and quickly accessed and printed in .pdf. Economic development requires occasional marketing visits to trade shows where prospects can be found. • Retail conferences • Developer conferences • Art Gallery owners conferences • Independent film theater conferences Successful economic development programs are built on relationships established with developers and brokers. It is necessary to attend functions and network with real estate professionals. Some important groups for Colleyville's efforts are: • Fort Worth Commercial Real Estate Women • Colleyville Chamber of Commerce • International Council of Shopping Centers • International Economic Development Council • Texas Economic Development Council MEASURES Periodic measurement of the economic development program would include input and output measurements. Input measures • Staff hours expended by program • Trade shows attended • Advertisements purchased • Positive press generated Output Measures • New retail square footage • New businesses occupying existing retail • Increase in sales tax Appendix: GOALS AND OBJECTIVES GOALS AND OBJECTIVES Goal A: Foster an entrepreneurial network promoting innovative and healthy businesses in Colleyville • Objective 1: Increase networks and connections among Colleyville businesses and with regional-state-national businesses and developers/brokers. o Develop a flexible incentive policy o Update and improve information available on the web • Objective 2: Provide a business support plan to encourage active networks and business events in Colleyville. o "Now to" information available in easily-accessed web format o Target existing businesses to build relationships with the City o Plan annual Business Appreciation Luncheon Goal B: Support business development through efficient land use; effective transportation systems, targeting land development and redevelopment and providing adequate infrastructure to benefit the present and future • Objective 1: Master plan to preserve and maintain areas suitable for commercial development. o Support viable access to commercial corridors • Objective 2: Plan for and provide aesthetically appealing corridors to commercial districts. o Identify transportation corridors with attention to drivability and landscaping Goal C: Planning, zoning and permitting process facilitates sustained and positive development of properties . • Objective 1: Streamline the development process to improve efficiency o Solicit input from developers; o Review processes from cities deemed more "developer friendly". Goal D: Brand Colleyville as a great place to live and do business. • Objective 1: Develop active relationships with business organizations, community groups, HOAs, public agencies and elected leadership o Promote business connections to schools, library, parks and community events by encouraging business groups to be actively involved in community activities and festivals o Convene a regular roundtable of business leaders, elected officials and community groups to discuss current business and job issues, provide a forum for businesses to express concerns and to strengthen relationships • Objective 2: Prepare a focused informational program targeted to prospective retailers, real estate brokers and developers: o Identify costs to retain a consultant to develop a community branding campaign; o Utilize the Buxton report to target specific retailers and developers; o Participate in regular broker tours. Goal E: Colleyville Boulevard should be redeveloped to maximize its full potential as a central business corridor: • Objective 1: Examine existing non-conforming uses for redevelopment opportunities o Identify specific opportunities and constraints to improving appearance of building through educational seminars facilitated by architects and builders o Provide incentives for improving the use and appearance • Objective 2: Seek state and federal funding to enhance 26 during reconstruction o Provide entry signage consistent with branding o Develop design for landscaping elements along the corridor o Incorporate greenways and pedestrian walkways and bicycle lanes to provide connections between residential and commercial centers along 26 o Develop plan for mitigating the impact of utility lines and maximizing landscaping Work with existing business organizations and Chamber to minimize business loss and interruption during construction PRE COUNCIL 1 n ~~ ~~J Tc~.l3 AGENDA BRIEFING MEETING DATE : 03/15/05 CITY MANAGER ITEM # : ~ PC-4 DEPARTMENT HEAD FINANCE REVIEW NIA ' Previous Action: None DEPARTMENT : FINANCE SUBJECT : Presentation of the Monthly Financial Report - February 2005 General Fund The percentage of current year taxes collected is ahead of February 2004 collections by .01 %, and delinquent tax collections continue to be up. The electric franchise tax payment was received in February and it was up $10,382/1.4% over the amount received in FY 2004. Sales tax revenue received in February was up $30,369/14.06% over the amount received in February 2004. Twenty-nine residential building permits were issued in February as compared to eighteen issued in February 2004. Municipal Court revenues are up due to strong warrant collections, but may decline in future months as a lower number of citations were written in February. The average amount expended by the departments at the end of February is 36.7%. Utility Fund Year-to-date water usage is lower due to greater rainfall in November and December 2004. The average amount expended by the Utility Fund at the end of February is 30.6%. Attachments • February 2005 Monthly Financial Report Current Taxes $7,280,321 $6,931,351 $6,916,305 Delinquent Taxes 60,000 43,529 22,500 Penalty & Interest 38,000 12,911 11,875 TO`CAL A17 VALOREM TtdXES ~ 7 3~~ 3~'~ _ 6,9~'~791 $6,9~0,~8Q TXU Electric Tri-County Electric TXU Gas Southwestern Bell Verizon/Others Refuse/Recycling Cable TV TCITAI FE7Al~4t`t~El! Sales Tax Mixed Beverage Tax TOTAL SALES Tg7C Building Plumbing Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits TOTAL Li~>rt+lSl"S:s>~& l>f~l~~ttli~`~s Fines False Alarms Library Fines P!^RCENT C#-tAN GE $6,486,878 6.85% 23,226 87.41 5,333 142.10% $6;51.5,4.37 j: 7:2:5% $780,000 $775,974 $780,000 $0 65,000 69,654 65,000 57,513 175,000 0 0 0 107,165 53,803 26,791 57,981 60,000 29,267 30,000 22,385 88,000 37,809 36,000 35,544 119,500 65,631 59,750 58,752 0.00% 21.11% 0.00% -7.21 30.74% 6.37% 11.71% 344.55%° $1,695,600 $725,221 $610,416 $631,590 14.82% 50,000 23,341 25,000 17,980 29.82% `. :.....~~t~~l~~ ~P~4~,a8z.. :...:... $t~35,416 $49,570 15 24°~° $705,186 $365,625 $293,828 $370,713 -1.37% 112,923 64,951 47,051 58,275 11.46% 71,628 34,566 29,845 39,910 -13.39% 47,551 24,827 19,813 25,655 -3.23% 160,000 71,931 66,667 80,412 -10.55% 2,900 1,504 1,208 1,034 45.45% 3,120 670 1,300 1,484 -54.85% 7,000 3,180 2,917 3,095 2.75% 5,400 3,000 2,250 2,565 16.96% 7,500 3,600 3,125 4,050 -11.11% ;; 1 1~ 2t~$ $57'w,$5~1: ..: $48$,Oi~3 $u$7,193 : -2.2701° $510,000 $180,626 $212,500 $163,252 10.64% 7,500 0 3,125 0 0.00% 8,500 6,516 3,542 1,223 432.79% :'>~; >':.>:<::::: 52~<~t3 :<:':< ~.''.<:f:<<$"1~'~~1:~2: ';...... ..~~~:9;?f:6'7 ::°:>>:• ~3fi~>~4T5 13..78°~° MONTHLY FINANCIAL REPORT -FEBRUARY 2005 MONTHLY FINANCIAL REPORT -FEBRUARY 2005 F~EVENUI; SC7UE2CE Re-zoning $14,000 Plat Fee/Site Plan 13,500 Board of Adjustment 1,500 Sale of Material 2,000 Weed Mowing 3,500 Animal Impoundment 2,889 Ambulance 95,214 Recreation Program 124,895 Non-Resident Fee Parks 23,000 Field Use Charge 20,000 Engineering & Inspection 80,000 Chgs & Reimbursements 9,000 Community Center Rental 175,000 Library Building Rental 300 Lot Drainage Insp Fee 21,250 DARE Officer Reimb $73,872 Sale of Surplus Property Interest Income Miscellaneous Use of Fund Balance Celebrate Colleyville Contributions Tower Rental TOTAL MISr^ELLA~lrQt,JS $4,528 5,833 $6,300 -28.13% 6,061 5,625 9,616 -36.97% 750 625 500 50.00% 1,768 833 900 96.44% 600 1,458 2,622 -77.12% 1,562 1,204 632 147.15% 53,514 39,673 51,437 4.04% 27,984 19,000 26,908 4.00% 6,990 9,583 6,900 1.30% 9,235 10,000 11,595 -20.35% 35,383 33,333 43,465 -18.59% 2,637 3,750 2,655 -0.68% 77,734 72,917 87,839 -11.50% 175 125 0 100.00% 13,250 8,854 13,625 -2.75% :: ,$28 ~4 $0 $0 $0 0.00% $10,000 $0 $0 $11,600 0.00% 170,000 52,236 29,000 47,143 10.80% 33,000 40,628 30,115 16,203 150.74% 719,744 0 0 0 0.00% 11,000 8,450 11,000 13,227 -36.12% 49,000 43,597 25,000 22,370 94.89% ~1'~I:.tyJ*FJ 1 31.Os%. Transfer from Utility Fd $475,000 $0 $0 $0 0.00% TOT~tt. t~cj#ESF~f2 ::>::;:. »;::.::: >:.>:>.::: !~4?'~ :<::». ':::::>;;:": >::::: t3 : ::>:::;::::.::;:<:: :::>:::::>$~ ::i ~ ! O.Og°lo 7UT:A1: O~~E~f~kL ~i~N~ 1~~11f=#~II:t~S: ~.:::~:> .. .... ........ ...... ... ............ ...::. ... .. .... :.> :;>~~~95;~$t~ ....................... ; $9 ~~~~56~J ...... F .... f .... $,g. 5"$ 730' .. . #................:. ;`$8;'32'+4,3$7 16,33% MONTHLY FINANCIAL REPORT -FEBRUARY 2005 TOTAL PERCENT FY 2005 THROUGH THROUGH INCREASE INCREASE BUDGET 2/28/2005 2/29/2004 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 98.9% 94.91 % 94.90% 0.01 % 0.01 RESIDENTIAL BLDG PERMITS 160 102 100 2 2.00% I COMMERCIAL BLDG PERMITS 10 6 8 (2) -25.00% PLUMBING PERMITS 900 579 527 52 9.87% ELECTRICAL PERMITS 400 222 244 (22) -9.02% CITATIONS ISSUED 8,800 2,562 2,614 (52j -1.99% CITATIONS APPEALED 150 148 155 (7) -4.52%, City Council and Secretary City Manager Finance Legal Engineering Economic Development Building Inspection Community Development Fire Police Parks Recreation Library Communications Colleyville Center Streets & Drainage Municipal Court Fleet Maintenance Building Services Information Services Capital Equipment Reserve Performance Pay 7f~TAL E)Ci~~i's[S)r5 $308,531 $114,989 $108,596 37.3% 623,091 221,374 220,665 35.5% 470,257 184,789 184,713 39.3% 70,000 30,255 23,333 43.2% 461,279 146,367 150,954 31.7% 152,835 59,174 62,719 38.7% 301,988 104,221 108,796 34.5% 282,684 103,139 103,290 36.5% ~ 3,017,388 1,211,835 1,212,516 40.2% 3,135,076 1,272,727 1,271,868 40.6% 1,313,213 433,645 488,917 33.0% 287,648 92,465 117,364 32.1 475,470 164,727 132,544 34.6% 145,221 80,053 78,229 55.1 345,334 110,643 120,628 32.0% 1,786,026 620,330 622,085 34.7% 237,688 74,380 77,060 31.3% 181,246 68,926 67,697 38.0% 232,680 56,100 70,203 24.1% 165,518 56,135 70,861 33.9% 45,740 45,740 45,740 100.0% 256,158 0 0 0.0% $193, 542 401,717 285,468 39,745 314,912 93,661 197,767 179,545 1, 805, 553 1,862,349 879,568 195,183 310,743 65,168 234,691 1,165,696 163, 308 112,320 176,580 109,383 0 256,158 9;043,t}57, PERCENT' ' G~AI~tGE _...... ... Water Sales $6,474,194 $1,861,759 $1,658,038 $1,966,065 -5.31% Sewer Sales 2,016,996 865,816 840,415 797,552 8.56% Sewer Installation 44,800 13,990 18,667 13,100 6.79% Water Installation 16,000 24,160 6,667 24,748 -2.38% Sewer Tie-on Charges 10,000 3,867 4,167 12,969 -70.18% Engineering Charges 35,000 16,136 14,583 28,783 -43.94% Penalties 173,566 60,771 72,319 60,561 0.35% Miscellaneous 9,300 5,700 4,500 3,169 79.87% :: _ TOTAL OPIn1ZAT'PF~f~ iNG{~l~ ,~7~~~~.. :. $~ 852,19 __ ~2,~'f 9 $55 $2 9~6 ~FZ . ' -1.88%a Interest Income $250,000 $53,932 $18,500 $38,785 39.05% TOl'AL NC3N~Qt=?Ef~~`#1d~ilh#f~`1t~ ~~~~,~3 ::., ..:> 5',3,93`2 <;::::>::::'::::.;$18~~Ob: $38,785 3J.1:15°io TOTALIN~{~lyl~'...; `; ;:,:`>>':::::r`:: ::.:.:::::::::: ;':.:::<:::::$E.~~B:..:: ....:::::::::::! ..:: s..::::.:::.....: >. ~•$~:<~Q~.,1~1 :.... ~ .:....::. <` `~~~3~a~5'~> _ _...................... ;: +`~,9~F5,732 _ ...:....... ;, '; -1.3ti°f° TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 2!28/2005 2/29/2004 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 540,955,266 575,003,522 (34,048,256) -5.92% NUMBER OF WATER CUSTOMERS 8,022 7,832 190 2.43% fJTILI'Tl't=UNt? EXPENSES .`. P;=f~k1~LD YEAf2=T'C?-DATE % EXPENFjED FY ~Qa~ ' T#~iRtwktJ€iH PRC?.JEOT!*I? ' 41.67°lo OF T#-Ilr ;31~D0ET >' iBt.~l#~`f`'. .:...: . 2$I~t)t1"~ 1=IS1r~ ? YEAR COMPLETED REMAINING' Administration $200,753 $75,436 $77,208 37.6% $125,317 Billing 259,133 92,813 99,305 35.8% 166,320 Operations 6,360,581 1,499,594 1,505,411 23.6% 4,860,987 Debt Service 1,135,287 927,154 927,154 81.7% 208,133 Performance Pay 38,173 0 0 0.0% 38,173 Transfer to General Fund 475,000 0 0 0.0% 475,000 TOTAL E3€ ~:< :..:.....: 5#~4~€8~~'7 ... : 5~,a94.9~7 ... <..~~,~09 fl7$ 3Q ~i% $ ; ' MONTHLY FINANCIAL REPORT -FEBRUARY 2005 PRE-COUNCIL cicr or CC~!!~!il(1l AGENDA BRIEFING Il~.x,,$ MEETING DATE: ITEM#: 03/15/05 PC-5 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW ! Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Update of the 2005 Water System Improvements City staff will be presenting a design update of the 2005 Water System Improvement projects. PRE COUNCIL CC@!ilCll AGENDA BRIEFING Il'X ;:\:; MEETING DATE: ITEM#: 03/15/05 PC-6 CITY MANAGER i DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of enhancing public information offered by the City through mediums such as the Colleyville Communicator, Government Access Channel and the City's website During the February 2, 2005, Pre-Council meeting, staff was directed to research other cities communication efforts related to citywide newsletters. Staff retained information from the cities of Euless, North Richland Hills, Bedford, Southlake, Grapevine, Keller, and Hurst regarding their process for collecting data, article selection, Council involvement and cost. The seven area cities forwarded a sample newsletter. Due to the assortment of newsletters differing in size and number of pages, staff will have an original newsletter from each City for Council to review during the Pre-Council Worksession. Attachment . 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(I) .., en c: < (I) '< U~>' of PRE COUNCIL ~,~` z~ AGENDA BRIEFING r.t,; MEETING DATE : ~ 03/15/05 CITY MANAGER ; ~~' , f ITEM # : ~ PC-7 DEPARTMENT HEAD ORDINANCE # : FINANCE REVIEW Previous Action: None DEPARTMENT : OFFICE OF THE CITY MANAGER SUBJECT : Discussion of selecting dates for hosting a Senior Citizen Forum, Sports Forum and joint meeting with the Grapevine-Colleyville Independent School District (GGISD) Board of Directors Background The City Council previously discussed hosting separate meetings with the senior citizens, the Parks and Recreation Advisory Board and representatives with the sports associations, and the GCISD Board of Directors. This item provides an opportunity for the City Council to select available dates for the meetings. CLp n/ PRE COUNCIL ~' _ ~~ AGENDA BRIEFING r~.<„ MEETING DATE : ~ 03/15/05 CITY MANAGER j ITEM # : PC-8 DEPARTMENT HEAD FINANCE REVIEW NIA Previous Action: None DEPARTMENT : CITY COUNCIL SUBJECT : Review of City policy regarding capital expenditures for parks A Councilmember requested that this item be placed on the agenda to provide Council an opportunity to review the City policy regarding capital expenditures for parks. PRE COUNCIL CC~~<1l AGENDA BRIEFING ,-C'x,,$ MEETING DATE: ITEM#: ! 03/15/05 PC-9 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the March 15, 2005, City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular City Council agenda items. ~i~!' of CITY COUNCIL C~ ~~ AGENDA BRIEFING Tc+aa MEETING DATE: ~ 03/15/05 CITY MANAGER ITEM ~#: 1 DEPARTMENT HEAD ' , RESOLUTION #: ~ NIA FINANCE REVIEW NIA Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Environmental Conservation Organization ("ECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Helen Boyce vs. City of Colleyville Brian K. Meroney vs. City of Colleyville Legal -Potential Litigation -Pecan ViNage Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Personnel Review Coq' or CITY COUNCIL ~, _ ~~ AGENDA BRIEFING T~<,3 MEETING DATE: 03/15/05 CITY MANAGER ITEM #: ~ 2 DEPARTMENT HEAD RESOLUTION #: N/A FINANCE REVIEW ~ N/A Previous Action: None DEPARTMENT: CITY COUNCIL sus.lECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of Chantz Cottrell for increasing awareness of and promoting organ donation PROCLAMATON - In recognition of Donate Life Month - Ms. Sally Pearson PROCLAMATION - In recognition of Covenant Christian Academy winning the 2005 TAPPS 2A State Basketball Championship - Mr. Rod Butler, Head Coach rocian~~tion Colleyville, Texas WHEREAS: Chantz Cottrell is a citizen of Colleyville bom with cystic fibrosis; and WHEREAS, he received a liver transplant in 1995 at nine years old and a lung transplant in 1996 using lobes donated by his father and his brother; and WHEREAS, Chantz has supported organ donation by appearing in a promotional video and at public events. NOW, THEREFORE, I, JOE HOCUTT, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and the citizens of Colleyville, do hereby recognize Chantz Cottrell for being an example to others that organ and tissue donation saves lives. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 15th day of March 2005. ~-~ o. 8 rte.. roc WHEREAS, WHEREAS, WHEREAS, ~~n~~tion TTY OF Colleyville, Texas WHEREAS: On April 1, 2003, President George W. Bush proclaimed April as National Donate Life Month to increase awareness and promote donation of organs, marrow, and tissue for transplantation; and the first successful human organ transplant occurred fifty years ago between identical twins; and with today's advanced technology, up to 50 lives can be saved by one organ and tissue donor, and in 2004, 26,998 transplants were perfom~ed and 14,125 living and deceased donors recovered; and WHEREAS, despite continuing advances in medicine and technology, the demand for organs vastly outweighs the number of organ donors, with 87,818 candidates on the waiting list to receive a transplant and 5,899 of those candidates located in Texas; and WHEREAS, during National Donate Life Month we honor living and deceased donors and their families who provide hope for thousands of people with organ failure. NOW, THEREFORE, i, JOE HOCUTT, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behaH of the Colleyville CIty Coundl and the citizens of Colleyville, do hereby proclaim April 2005 to be Donate Ufe Month in the City of Colleyville and call upon our citizens to talk with their families about organ donation and to be screened for bone marrow donation. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 15th day of March 2005. ayor cn or B Teua~ rocr~rn~ction Colleyville, Texas WHEREAS: Covenant Christian Academy Boy's Basketball Team has won the 2005 TAPPS Class 2A State Basketball Championship; and WHEREAS, the Cougars have advanced to the TAPPS 2A Final Four for the past three seasons before making their championship appearance; and WHEREAS, at Covenant Christian Academy, playing fields and courts become schools of aooompiishment and character, where students loam to compete with pride and honor, to develop a sense of obUgaUon and responsibility for others, persevere against all odds and strive to win. NOW, THEREFORE, I, JOE HOCUTT, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council and citizens of Colleyville, do hereby recognize and congratulate the COVENANT CHRISTIAN ACADEMY COUGARS Covenant ChNstian Headmaster Kekh Castello Head Coach Rod Butler Assistant Coach Colin Lackey Assistant Coach Chad Grounds Assistant Coach Chuck Stanley Manager Trey Allred Luke LaMar Manager Josh Skinner Will May Darrell Blackburn-Pratt Jeremy Miller Quinn Brunk Clayton Skinner Egidijus Budrikis Aaron Staliarcl Matt Dungey Hudson Taylor Fernando Garcia Spencer Zunlga Morgan Halpert and encourage the citizens of Colleyville to show support for this outstanding achievement. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 15'" day of March 2005. ayor ~~~ o. le Te=.. RESOLUTION R-05-2524 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING MARCH 15, 2005 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOVY, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of minutes of the regular City Council meeting of March 1, 2005 b. Approval of the minutes of the City Council Worksession of February 23, 2005 c. Approval of a Final Plat of Pine Hill Estates, 3.67 acres, located at 1209 Tinker Road, Case P-05-006 AND IT IS SO RESOLVED. 2005, BY A ABSTENTIONS. APPROVED ON THIS THE VOTE OF AYES, DAY OF NAYS AND ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor MINUTES OF THE CITY COUNCIL WORKSESSION AND CITY COUNCIL MEETING MARCH 1, 2005 The Worksession of the Colleyville City Council was called to order by Mayor Hocutt on March 1, 2005, at 4:55 p.m. ROLL CALL: Councilpersons Elaine Dolan, Mark Skinner, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Financial Analyst Kacey Bess, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler was absent. 2. Discussion of proposed City Charter Amendments City Manager Bill Lindley outlined the format for review of the proposed Resolution calling a Special Election for City Charter amendments and the ballot. Mr. Jim Moore, Chairman of the Colleyville Citizen's City Charter Review Committee and Mr. Mike Taylor, Colleyville Citizen's City Charter Review Committee member were present to answer questions of the Council. There was general discussion regarding the proposed City Charter amendments and ballot language. 3. Adjournment Mayor Hocutt adjourned the meeting at 5: 15 p.m. The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on March 1, 2005, at 5: 17 p.m. CITY COUNCIL MINUTES MARCH 1, 2005 ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Tom Hart and Mayor Pro Tem Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Fire Chief Mike Johnston, Engineer Chad Bartee, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Financial Analyst Kacey Bess, Communications Manager Dixie Cawthorne, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilman Rich Hendler was absent. PC-1. Discussion of proposed City Charter Amendments and Election Mr. Jim Moore, Chairman of the Colleyville Citizen's City Charter Review Committee and Mr. Mike Taylor, Colleyville Citizen's City Charter Review Committee member were present to answer questions of the Council. There was general discussion of the proposed City Charter amendments, ballot language and legal notice publication costs. PC-2. Update of Economic Development Initiatives The meeting was adjourned prior to this item being discussed. PC-3. Discussion of the 2005 Bond Election The meeting was adjourned prior to this item being discussed. PC-4. Discussion of the March 1, 2005, City Council regular agenda items The meeting was adjourned prior to this item being discussed. Mayor Hocutt adjourned the meeting at 6:50 p.m. 2 CITY COUNCIL MINUTES MARCH 1, 2005 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on March 1, 2005, at 6:55 p.m. Councilpersons Mark Skinner, Elaine Dolan, Tom Hart and Mayor Pro T em Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Fire Chief Mike Johnston, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Public Works Director Keith Fisher, Parks and Recreation Director Monica Walsh, Colleyville Center Manager Lin Przybyl, Financial Analyst Kacey Bess, Equipment Operator Harold Chancellor, Microcomputer Technician Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. ROLL CALL: Councilman Rich Hendler was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Environmental Conservation Organization (UECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Pending Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.072, Property and Section 551.074, Personnel. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:56 p.m. and reconvened at 7:48 p.m. 3 CITY COUNCIL MINUTES MARCH 1, 2005 The invocation was given by Councilperson Elaine Dolan and Assistant City Manager Paul Frederiksen led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Hocutt introduced City Attorney Matthew Boyle of Boyle & Lowry. Mayor Hocutt presented plaques to Donna Kauffman and Chuck Thomas and recognized David Bowden, Raman Chandler and Peter O'Brien for their service on the Colleyville Tree Board. Mayor Hocutt presented a Proclamation to Chief Mike Johnston in recognition of Severe Weather Awareness Week, which is March 6-12, 2005. Chief Mike Johnston provided information regarding the CodeRed Warning System and an outdoor warning system. Mayor Hocutt stated that a long term fire and emergency plan is being developed for the City. Mayor Hocutt presented a Proclamation to Mr. Harold "Snuffy" Chancellor in recognition of his induction into the Texas Rodeo Cowboy Hall of Fame. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2518 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 15, 2005 b. Approval of the minutes of the City Council Worksession of February 7, 2005 c. Approval of a Contract for the purchase and delivery of replacement chairs for the Colleyville Center, using Colleyville Economic Development Corporation funds, in an amount not to exceed $34,807 d. Approval of a donation of trees for Westmont Trail from David Bagwell Mayor Hocutt opened the public hearing and read Resolution R-05-2518 in its entirety. 4 CITY COUNCIL MINUTES MARCH 1, 2005 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Center Manager Lin Przybyl provided information regarding the replacement chairs for the Colleyville Center and answered questions of the Council. Councilman Skinner extended appreciation to Mr. David Bagwell for his donation of trees. Councilman Skinner moved to approve Resolution R-05-2518. Mayor Pro Tem Ayers seconded the motion. Ayes: Council persons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1513 - Approval of an Amendment to Chapter 10 of the Land Development Code regarding Private Streets and Entrance Gates, Case G-04-020 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1513. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan moved to approve Ordinance 0-05-1513. Councilman Hart seconded the motion. Ayes: Councilpersons Dolan, Hart and Mayor Pro Tem Ayers Nays: Council person Skinner Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1514 - Approval of a Special Use Permit for an accessory building on Lot 5, Block 3, Rustic Oaks Addition, located at 5512 Valley View Drive West, Case Z-05-005 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1514. 5 CITY COUNCIL MINUTES MARCH 1, 2005 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Ms. Kim Nash, applicant, 5512 Valley View Drive West, spoke regarding a petition signed by neighbors stating that they have no objections to the 400 square feet out- building size variance. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1514. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1515 - Approval of a City-Developer Agreement with ICI Development, LLC, for the Beldon Hollow subdivision Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1515. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1515. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-05-2519 - Approval of a Waiver of perimeter street improvement requirements on Fry Lane, Case G-05- 007 Mayor Hocutt opened the public hearing and read Resolution R-05-2519 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 6 CITY COUNCIL MINUTES MARCH 1, 2005 Community Development Manager Barry LeBaron provided information related to the request for the waiver and emergency access to the property. Mr. Steve Stallard, 5100 Fry Lane, applicant, provided information regarding the development of the property, the road construction plan and answered questions of the Council. Public Works Director Keith Fisher spoke regarding city standards for asphalt streets. Discussion ensued regarding the requirements for street construction, fire safety response and standards for private shared driveways and future development of the property. Ms. Faye Alldredge, 5004 Fry Lane, answered questions of the Council. Mr. Keith Chatham, 4413 Bowman Drive, spoke regarding the development of the property and construction of the road. Mayor Pro Tem Ayers moved to approve Resolution R-05-2519, subject to the following conditions: Fry Lane is to be paved with two (2") inches of asphalt, with base; the pavement surface should not be less than twenty-four (24) feet in width; construction of a circular turn-around fire lane with a minimum diameter of 100' at the northern end of Fry Lane; a fire hydrant to be installed near the northern end of Fry Lane; the improvements required will be installed at no cost to the City of Colleyville; Fry Lane will be maintained at the expense of the property owners or property owner association; this perimeter street improvement waiver is rescinded upon the rezoning of the property. Councilman Skinner seconded the motion. Mayor Hocutt presented a friendly amendment to include require a fire hydrant as one of the conditions. Mayor Pro Tem Ayers and Councilman Skinner accepted the friendly amendment. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-05-2520 - Approval of a Construction Contract with JLB Contracting, LP, for the construction of the McDonwell School Road Paving and Drainage Improvements, in the amount of $802,648 7 CITY COUNCIL MINUTES MARCH 1, 2005 Mayor Hocutt opened the public hearing and read Resolution R-05-2520 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Public Works Director Keith Fisher provided information regarding the medians, school bus route and student drop-off locations. Mayor Hocutt expressed appreciation to Keller Independent School District officials for the design of the school with consideration of the commercial property. Councilman Skinner moved to approve Resolution R-05-2520. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 9. READING AND PUBLIC HEARING - Resolution R-05-2521 -- Approval of a Resolution of the City Council of the City of Colleyville, Texas, Calling an Election to be held on May 7, 2005, in the City of Colleyville, Tarrant County, Texas, for the purpose of submitting to the qualified voters of the City of Colleyville the adoption or rejection of proposed amendments to the existing City Charter; designating the official polling places and appointing election officials; prescribing the form of the ballots; providing for notice of the Election; and providing generally for the conduct of the Election Mayor Hocutt opened the public hearing and read Resolution R-05-2521 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Citizen's City Charter Review Committee members Jim Moore and Mike Taylor provided information regarding the proposed amendments and answered questions of the Council. Discussion ensued regarding the proposed charter amendments. Mayor Hocutt recessed the meeting at 9: 18 p.m. and reconvened at 9:30 p.m. 8 CITY COUNCIL MINUTES MARCH 1, 2005 Mr. Michael Taylor, Colleyville Citizen's City Charter Review Committee, commended City Manager Bill Lindley and Financial Analyst Kacey Bess for their administrative support to the Charter Review Committee. Discussion ensued regarding methods of public education of the proposed amendments and costs associated with the publication of the Public Notice. Councilman Hart moved to approve Resolution R-05-2521 with the changes made by Council. Mayor Hocutt outlined the changes, as follows: Resolution, fifth 'Whereas" change year from 2004 to 2005; Resolution, Section 3: Early voting will be held at City Hall, 100 Main Street, Second Floor Training Room; City Charter Section 5.02, third line, change 40% to 30%; City Charter Section 7.05, last line, insert City in front of Council; Resolution Section 10, second and fourth lines, change ordinance to resolution; City Charter Section 14.02: delete "indirect or direct"; Charter: Mayor should be listed prior to Councilpersons. Councilman Skinner seconded the motion. City Attorney Matthew Boyle stated that the current validation statute and Local Government Code provides any act taken by the Council as long as it is not void or unconstitutional or even if such act was contrary to the law at the time, if three years have passed after such action was taken, that act deems validated and any legal deficiencies to it are deemed to be corrected. Ayes: Council persons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 10. READING AND PUBLIC HEARING - Resolution R-05-2522 - Approval of an Interlocal Agreement with Tarrant County for Improvements to Glade Road, Bransford Road and John McCain Road, in an amount not to exceed $160,000 Mayor Hocutt opened the public hearing and read Resolution R-05-2522 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Resolution R-05-2522. Mayor Pro Tem Ayers seconded the motion. 9 CITY COUNCIL MINUTES MARCH 1, 2005 Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. City Manager Bill Lindley expressed appreciation to Commissioner Glen Whitley for partnering with the City for road repair. REPORTS: 11. COLLEYVILLE CENTER ADVISORY COMMITTEE MINUTES - November 15, 2004 PARKS AND RECREATION ADVISORY BOARD MINUTES - January 3,2005 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - January 10, 2005 PLANNING AND ZONING COMMISSION MINUTES - January 10, 2005 PLANNING AND ZONING COMMISSION MINUTES - January 24, 2005 There was no action taken on this item. CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 1, 2005 - Reading and Public Hearing - Resolution R-05-2523 Ms. Anne Dyson, 909 Dogwood Court, spoke regarding the preservation of trees at Town Center, the enforcement of the tree preservation ordinance and expressed appreciation to Hodges Development and the City for the care of trees. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the preservation of trees in the City of Colleyville. ADJOURNMENT: 14. ADJOURNMENT There being no further business before the City Council, Councilman Hart moved to adjourn. 10 CITY COUNCIL MINUTES MARCH 1, 2005 Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 11 :00 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2005, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 11 MINUTES OF THE SPECIAL COLLEYVILLE CITY COUNCIL WORKSESSION FEBRUARY 23, 2005 The Colleyville City Council Worksession was called to order by Mayor Pro Tem Jon Ayers on February 23,2005, at 6:10p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and Tom Hart were present. Mayor Pro Tem Jon Ayers, City Manager Bill Lindley, Assistant Paul Frederiksen, Fire Chief Mike Johnston, Public Works Director Keith Fisher, Parks and Recreation Director Monica Walsh and City Secretary Cynthia Singleton were also present. Mayor Joe Hocutt was absent. City Manager Bill Lindley introduced and welcomed City Council Candidates David Kelly and John Grace. 2. Overview of the City of Colleyville Tax Increment Financing District City Manager Bill Lindley provided an overview of the Tax Increment Financing District and answered questions of the Council. Discussion ensued regarding the redevelopment of SH26. Council requested that staff obtain information from the Texas Department of Transportation (TxDOT) regarding the plan for and timeline of the redevelopment of SH26. 3. Discussion and Review of the Tax Increment Financing District Projects City Manager Bill Lindley reviewed the Tax Increment Financing (TIF) District projects and answered questions of the Council. CITY COUNCIL WORKSESSION FEBRUARY 23, 2005 There was general discussion regarding the value of the TIF District and structure of the TIF agreements. 4. Discussion of the 2005 Bond Election Council provided direction to proceed with the implementation of the outdoor warning system and fire station. Council determined that the Senior Center project would be set aside at this time. Council provided direction to proceed with the construction of the trail at McPherson Park utilizing Colleyville Economic Development Corporation and Parkland Dedication funds. Public Works Director Keith Fisher provided information related to the condition of the streets and the partnership between Tarrant County and the City for street repair. 5. Adjournment There being no further business before the City Council, Mayor Pro Tem Ayers declared the meeting adjourned at 7:55 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2005, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 2 CITY COUNCIL cc@yn<1l AGENDA BRIEFING 1(";0,:,,$ MEETING DATE: ! ITEM#: ! 03/15/05 3c CITY MANAGER : DEPARTMENT HEAD i RESOLUTION #: i R-05-2524 Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Final Plat of Pine Hill Estates, 3.67 acres located at 1209 Tinker Road, Case P-05-006 - by Consent Reading and Public Hearing Dean DeCavitte is the developer of 3.67 acres located on the south side of Tinker Road, just east of Emerald Drive. The applicant has submitted a final plat of the property for review and consideration by the City Council. The property also has frontage on Hardage Lane. Mr. DeCavitte has submitted a final plat to divide the property into five lots for the construction of five new single-family residences. Zoning. The rezoning of this property from AG-Agricultural to R40 and R20 was approved by City Council at the January 18, 2005 meeting. Two of the proposed lots front onto Tinker Road and are zoned R40. The three lots fronting onto Hardage Lane are zoned R20. The proposed lots meet the dimensional standards for the applicable zoning districts. Preliminary Plat. The preliminary plat of Pine Hill Estates was approved by City Council at the February 15, 2005 meeting. The final plat is consistent with the approved preliminary plat. Open Space. No open space is required for the R40 and R20 districts and none is provided on the final plat. Right-of-Way Dedication. Tinker Road is classified as a Minor Arterial roadway on the Master Thoroughfare Plan, which requires an ultimate right-of-way width of 75 feet. The developer is dedicating approximately 14.6 feet of additional right-of-way along Tinker Road in order to provide the required 37.5 feet of right-of-way dedication on the south side of Tinker Road. Sidewalks and Trails. The Land Development Code requires the construction of sidewalks along the street frontage on each lot. The sidewalk is required to be five feet wide adjacent to Tinker Road and four feet wide adjacent to Hardage Lane. The sidewalk must be constructed as building improvements are made on each lot. Alternatively, an escrow for the sidewalk along Tinker Road may be included with any escrow for the perimeter street improvements described below. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this property since Tinker Road is considered an unimproved street and the plat contains Agenda Briefing Resolution R-05-2524 Page 2 of 2 more than one residential lot. The owner is required to construct one-half of the unimproved streets adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. No additional street improvements are required for Hardage Lane since the street meets current standards, except for the sidewalk improvements described above. Impact Fees. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on each 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 plans for construction. ROADWAY $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch water meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per residential lot. The fee must be paid before the plat is recorded with the County Clerk's Office. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this request at the February 28, 2005 meeting. The Planning and Zoning Commission recommends approval (4-0). Summary The owner's surveyor has addressed all Development Review Committee comments. This final plat also requires approval by the City Council. The proposed development appears to satisfy the requirements of the Land Development Code. Recommendation Approval Attachments · Location Map · Development Review Committee Memo · Developer Correspondence · Plat Location Map / - I - 'W I - - I ~~ ~ :;1 - B - - \\ ~ = ---- Ii I--- rI - - - ~ 11 \ I - ~ SITE ~ - - - - ~ I I I T 0~ ][\ I I 7 ~ Ir~ ---- ~f/ Jl - < T .1 ~ '.\\ - I 1\ Development Review Committee Memo DEVELOPMENT REVIEW COMMITTEE DATE February 18, 2005 TO Dean DeCavitte FAX NO 817.416.0206 FROM Chris Fuller, Development Coordinator SUBJEC P-05-006 Final Plat - Pine Hill Estates, Lots 1-5, Block 1 T The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The Following Comments Require a Response from the Applicant: PLAT DRAWING 1. Revise the title block to state final plat. The plat contains more than four lots and will be processed as a Final Plat, requiring approval from the Planning and Zoning Commission and the City Council. The Following Comments are Informational and Do Not Require a Response: 2. The side yard setback lines are as follow: Zoning District Each Side (feet) R40 (Lots 1 & 2) 15' R20 (Lots 3 - 5) 10' 3. The rear setback lines are as follow: Zoning District Rear Yard (feet) R40 (Lots 1 & 2) 25' R20 (Lots 3 - 5) 25' OTHER INFORMATION . The engineering construction plans have been reviewed by the Engineering Department, Fire Department and Public Works Department. Questions concerning the construction plans should be directed to Robert Woods, Engineering, at 817.503.1090 or Jeff Jones, Fire Marshall, at 817.488.6277. 1. SIDEWALKS AND TRAILS. The Land Development Code requires the construction of sidewalks along the street frontage on each lot. The sidewalk is required to be five feet wide adjacent to Tinker Road and four feet wide adjacent to Hardage Lane. The sidewalk must be constructed as building improvements are made on each lot. Alternatively, an escrow for the sidewalk along Tinker Road may be included with any escrow for the perimeter street improvements described below. 2. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on each 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 plans for construction or conditions contained in a City-Developer Agreement, if applicable. SEWER $1,589 per dwelling unit for SINGLE FAMILY RESIDENTIAL uses. Applicable to the new vacant lots created by this plat. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch water meter. Actual fee depends on water meter size and/or if a new meter is installed. ROADWAY WATER 3. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since Tinker 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 unimproved 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. No additional street improvements are required for Hardage Lane since the street meets current standards, except for the sidewalk improvements described above. 4. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per residential lot. The fee must be paid before the plat is recorded with the County Clerks Office. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 28, 2005, 7:00 p.m. Tuesday, March 15, 2005 Developer Correspondence BRANSOM SURVEYORS INC. CHAJllES a. HOOKS JR. AEU1STERED PROf~SlONAl \.AND SUAVlrYOA 1\)28 NMfH $YtVANJA AVE n WORTH. TEXAS 76m $34-3471 FAX UJt.f)tll11 ("{Hnn'l i nl~e Rl;'F: 1.n"'~4L PL#f} PINE FIlLL l:STATES urrs BLOCK J P.{J5.f)(J(; ~U'Sl'nN5r: TO nRC CO'vJMIl\TS DATE11 ;>11\.(j" i'\DDFf1 TO PIAl mA,'\K 'tOt', JH HPI ~ cr ...~,,- fa", .r.. tJfIR.,. Plat ~ -'" ~ .....f _ / "'Jr_ . .-'it ...=r:. ,.~ ........ It ft,,~ . tltWI I'..' .'_9!1<""",,, ""._... _~ __ _.,_________ >n'CI 1 .-1 .. ..... . "iI'ft ....... , , .21:,_ .... ,...,. MIl 0:*'--_.- ...- ...&IIff4.... l"I!Il.~ ... .:v= ... ..... .Mlit: .'\.1....... fIllW. PW' or 1.ftf t. I. '" " Alt. I. lIUa I PINE HILL ESTATES ;il~"'lICt:tttor_ --- &3........................."1"'--.....-. _ l'lilT n.m iii tAll ~ 1lJOI: _. li4lE ~~",.,.__ ~11 CITY COUNCIL ell)" Qf CCe<1l AGENDA BRIEFING it.~x~S MEETING DATE: i 03/15/05 ITEM #: I 4 ORDINANCE #: ! 0-05-1516 CITY MANAGER i DEPARTMENT HEAD i FINANCE REVIEW I DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Special Use Permit for an educational center on Lot 1 R, Block 1, Town Center Colleyville Phase I, located at 5611 Colleyville Boulevard, Suite 240, Case Z -05-007 Previous Action: None First Reading and Public Hearing Melvin and Martindale, a Texas Limited Partnership, is the owner of Town Center Shopping Center located at 5611 Colleyville Boulevard. Dallas Baptist University, the prospective tenant of a suite located on the property, has applied for a Special Use Permit to allow an educational facility within a portion of the building. The Land Development Code states that a college or university within the CC2 - Shopping Center zoning district, is only permitted by approval of a Special Use Permit The Town Center development fronts on Colleyville Boulevard and primarily consists of commercial tenants. The applicant is proposing to lease space within the shopping center in order to conduct educational classes. Information provided by the applicant indicates that operating hours would be from 9 a.m. until 8 p.m., except during the fall and spring semesters when hours will be extended until 10:30 p.m. The majority of classes would be conducted during evening hours. The peak hours of traffic would be from 5: 15 p.m. until 10:30 p.m. on Monday, Tuesday and Thursday evenings. The peak number of vehicles would vary between 30 to 50 vehicles. There are currently 112 parking spaces available in the northern portion of the shopping center near the proposed location. Additional information will be provided by the applicant at the meeting. The surrounding property is zoned and primarily developed for retail uses. Property to the north is zoned CC2, but currently undeveloped. The proposed facility will be located in one of the vacant commercial spaces in the Town Center development, which is currently zoned CC- 2 - Shopping Center Commercial. The property to the east is zoned R20 and is developed as single family residential. The properties to the west and to the south are zoned CC2 and developed as a portion of the Town Center development. The Master Plan designates the future use of this property for retail development. Agenda Briefing Ordinance 0-05-1516 Page 2 of 2 Staff mailed notices to 12 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. Staff has not received any correspondence regarding this request. Impact Issues 1. Master Plan. The Colleyville Master Plan designates the future use of this area for retail land uses. The property surrounding the Town Center development is planned for commercial development. 2. Development Trends. The long-term trend for this area is retail development. The surrounding properties are primarily developed as commercial uses. Property in the area is generally suitable for that type of development. 3. Parking. According to information provided by the applicant, approximately 30 to 50 parking spaces may be required to accommodate peak hour attendance. The Land Development Code states the parking standards for this use are one space for each classroom or teaching station, plus one additional space for each three students accommodated in the school. There are currently 112 parking spaces available in the northern portion of the shopping center near the proposed location. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission conducted a public hearing and considered this request at the February 28, 2005 meeting. The Planning and Zoning Commission recommends approval (4-0). Recommendation Approval, with the following condition: 1. The Special Use Permit shall be applicable for only the current tenant space addressed as 5611 Colleyville Boulevard, Suite 240. Any future expansion of additional space for this use will require approval of an amendment to the Special Use Permit. Attachments . Zoning and Location Map . Information and Drawings from Applicant . List of Property Owners Notified . Dallas Baptist University Newspaper Article . Ordinance 0-05-1516 Zoning and Location Map Information and Drawings from Applicant February 22, 2005 Chris Fuller, Development Coordinator City of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Mr. Fuller: We have received your request for information pursuant to the Special Use Permit for a Satellite Facility at 5611 Colleyville Boulevard, Suite 240. Responses to the questions are in italics below. 1. Approximately how many cars will be parking at the facility during peak operational hours? a. Approximately 30-50 cars will be parking at the facility during the DBU facility's peak operational hours. 2. When are the anticipated peak days and times? a. It is anticipated that DBU's facility (DBU-Colleyville) will experience peak attendance on Monday, Tuesday, and Thursday evenings between the hours of 5:15 p.m. and 10:30 p.m. These peak days and times relate to attendance during the fall semester (generally late August through early December) and the spring semester (generally late January through early May). 3. What is the duration of attendance during peak times? a. The duration of attendance during peak times is approximately five (5) hours. 4. What are the hours of operation for this facility? a. DBU-Colleyville will initially operate Monday-Friday, from 9:00 a.m. until 8:00 p.m Beginning with the fall semester (late August), the hours will be extended to conclude at approximately 10:30 p.m. Please advise me if there are any additional questions or concerns. Sincerely, Ozzie Ingram, Ed.D. Associate Vice President for Administrative Affairs cc: Dr. J. Blair Blackburn Ric Nelson Dallas Baptist University Classroom Facility /' '- - -. -- -~~,_." I I 51 e, I ~I "'I ~ .1, '... ,.. ?l i~i ,et 1 I I 1 1_, ~:-J c"T""-"'"C=-s,,,~ -.0 ',. r:-f",,"f"'''''''>oo L.-+' \. J ,- "::~-:--=-:;...- . ~ ."-1.. l " ~%,;; ,;,-~ "- I 1 I I I 1$ I ~ I~ .. I I List of Property Owners Notified Wolf Camera 5611 Colleyville Blvd. Suite 100 Colleyville, TX 76034 President Robert M. Farrall Melvin and Martindale, Ltd. 8235 Douglas Avenue, Suite 950 Dallas, TX 75225 Great Clips 5611 Colleyville Blvd. Suite 290 Colleyville, TX 76034 Sue Berries 5611 Colleyville Blvd. Suite 200 Colleyville, TX 76034 Mr. Charles M. Hodges Hodges & Associates 13642 Omega Dallas, TX 75244 Mr. Ric Nelson Centerpoint Advisors Galleria Two 13455 Noel Road, Suite 1000 Dallas, TX 75240 Central Nail Salon 5611 Colleyville Blvd. Suite 280 Colleyville, TX 76034 Scrapbook Warehouse 5611 Colleyville Blvd. Suite 140 Colleyville, TX 76034 Mr. J. Blair Blackburn Dallas Baptist University 3000 Mountain Creek Parkway Dallas, TX 75211 Glorias 5611 Colleyville Blvd. Suite 300 Colleyville, TX 76034 Pack -N- Mail Plus 5611 Colleyville Blvd. Suite 260 Colleyville, TX 76034 Quick Thai 5611 Colleyville Blvd. Suite 120 Colleyville, TX 76034 Dallas Baptist University Newspaper Article DBU's second satellite to open in Colleyville University also searching for permanent Collin County site BY mPHAHIE PATRKK I STAFf WRITER A n academic satellite center in Carrollton has been so success- ful for Dallas Baptist University that it's prompting two signifi- cant moves- the opening of a similar center in CoUe)-ville and the search for a permanent site for the Carrollton facility in near- by Collin County. DBU-Colleyville, the private university's second satellite cen- ter, is scheduled to open in early April in the city's Town Center development, just in time for sum- mer registration. DBD, which oper- ates its main campus at 3000 Mountain Creek Pkwy., in southwestern Dallas, is leasing and remod- eling 3,300 square BLACKBURN feet at 5611 Co I- le~'Ville Blvd. The startup will be similar to DBU-North in Carrollton, which opened in August 2001 and has since seen its enrollment grow to more than 500 students. J. Blair Blackburn, DBU's exec- utive vice president, said renova- tions and equipment for the CoI- leyville center are estimated to cost $100,000 to $125,000 and should allow it to begin offering 10 class- es this summer. Roughly 15 class- es are expected to be offered in the fall. Beverly Lucas will be DBU-Col. leyville's director, but it's un. known how many in. structors and sup- port personnel will be hired. Degree programs such as a bachelor's in business studies and another in arts LUCAS and sciences will be available. Master's degrees in busi. ness administration and organi- zational management also will be offered. "We are projecting an enroll- ment of 125 students for the fall se- mester." said Blackburn, who also considered sites in Grapevine and Southlake. "Colleyville is a cen- trallocation, where many of our students are both residing and working." DBU's total spring enrollment is 4,547. Lucas said there are 1,170 DBU students living in Tarrant County. Several area colleges and universities serve the Tarrant County area, but there are no major institutions in Colleyville. DBU's decision to establish a center there is expected to bring more people into the nearby retail and restaurant businesses, said Barry LeBaron, the city's plan- ning and development director. The city has a population of about ZZ,OOO and projections are it will reach 27,000 by 2020. Meanwhile, a search is on in Collin County for a much larger permanent site for DBV's Carroll- ton facility. Blackburn has been spotted touring both Craig Ranch in McKinney and Frisco Square. He's also known to have taken an interest in Frisco's Hall Office Park. The goal is to lease space for a few years, then establish a perma- nent Collin County campus, not necessarily in the leased space. spatrkk@bizjournals.com 1214-706-7121 ORDINANCE NO. 0-05-1516 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AUTHORIZING A SPECIAL USE PERMIT FOR A UNIVERSITY FACILITY ON A PORTION OF LOT 1 R, BLOCK 1, TOWN CENTER COLLEYVILLE PHASE I; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a Special Use Permit was filed by Dallas Baptist University on February 10, 2005, under Case No. Z-05-007; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-05-1516 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Sec. 8. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a university facility on a portion of Lot 1 R, Block 1, Town Center Colleyville Phase I, as described in the attached Exhibit "A" and as depicted on attached Exhibit liB". THAT the Special Use Permit shall be applicable for only the current tenant space addressed as 5611 Colleyville Boulevard, Suite 240. Any future expansion of additional space for this use will require approval of an amendment to the Special Use Permit. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given Ordinance 0-05-1516 Page 3 of 3 the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT" A" CC-2 KIN GSWOOD Portion of Lot 1 R, Block 1, Town Center Colleyville Phase I t:~ EXHIBIT "B" / ~~ '(~-"~ ,..J.1JL1 -- "--~'K \ --. I ..-...#;;~~-,- i-;.c;;;:." . I ---;;:';;;1;;;;~7~:;';;;;:;.;;~:~l I 1 ~I 1>1 ~I "I ~ ,..~ .~ ~ !l ',; < ~..,' : ,..11 " t..,.:~:oc: jl t}~i'l ~ i_.,'. ~1 'et L'--~ ". ~f'~-:::':;::~3~ .. ...'.' '1)0 ". . or:1-"'j"'~'~ - L~j \ - -?:-.::::;~_ . - '. ~:.:~ (rt.-K;;; K_ ~ I I I I I :f I" ;~ I I " , 5611 Colleyville Boulevard, Suite 240 CITY COUNCIL CC~<1l AGENDA BRIEFING lex"::; MEETING DATE: i 03/15/05 ITEM #: , 5 ORDINANCE #: i 0-05-1517 CITY MANAGER i DEPARTMENT HEAD i FINANCE REVIEW ' Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a zoning change from R20 to PUD-R on 1.667 acres on Tracts 1A3, 1A3A, 1A3B, Abstract 1176 of the J.J. Newton Survey, located at 5612 Bransford Road, Case Z-05-004 First Reading and Public Hearing Backoround Ocie Vest is the applicant and the prospective developer of a 1.667 -acre parcel of property located on the west side of Bransford Road in the 5600 block. The applicant has submitted a request to change the zoning on the property from R20-Single Family Residential (R20) to PUD-R Planned Unit Development Residential (PUD-R). The applicant is seeking a zoning change in order to develop the property into four lots for single family residences. The property is currently used for single family residential purposes. The property contains an existing wood frame house, a guest house, a garage, an accessory building and a tennis court. These improvements will be removed upon approval of the redevelopment proposal. The property is not currently platted and will require approval of a subdivision plat at a later date upon approval of the rezoning request. The developer is seeking to divide the property into four residential lots accessing Bransford Road via a private cul-de-sac. Two lots would have frontage on Bransford Road, with the two remaining lots situated to the west side of the property. The proposed lot arrangement would require dedication of a public right-of-way with a minimum width of 50 feet. However, the tract only has 200 feet of frontage along Bransford Road and the use of 50 feet of frontage for the new street would only leave 75 feet of frontage along Bransford Road for each of the two adjacent lots. This is substantially below the 100 foot minimum frontage required for an R20 lot. The developer proposes to access the lots via a private street, constructed to a width of 24 feet. This is adequate for a fire lane, but inadequate as a public street. The two lots on the east side of the property will have lot frontage on Bransford Road with 35 foot front yard setbacks. The front yard setback will provide a buffer between the subdivision and the development; however, additional landscaping within the setback has not been proposed by the applicant. The two lots on the west side of the property will have frontage on the private cul-de-sac with 30 foot front yard setbacks. Driveway access for all lots would be from the private cul-de-sac. The surrounding properties consist of single family residential and agricultural zoning Agenda Briefing Ordinance 0-05-1517 Page 2 of 4 designations. The properties to the north and south are zoned R-20 and are developed as single family residences. The property to the east is zoned R-10 and is undeveloped. The property to the west is zoned agricultural and is developed as a ranchette property. The Land Development Code provides that the PUD-R district is "designed to encourage the most appropriate uses of land, permit flexibility to encourage a more creative, efficient, environmentally pleasing and aesthetic design regarding the spatial arrangement of buildings and land uses, open spaces, circulation and transportation patterns, and considerations of special site and topographic features." The PUD-R district also allows the Planning and Zoning Commission and City Council to adopt specific requirements for this property that may include special conditions to minimize or enhance the effect of the development on adjacent properties. A draft copy of the rezoning ordinance for this property is attached, which is based on the applicant's proposal. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential land uses. Many of the residential objectives within the Master Plan promote the preservation of larger lot sizes (30,000 s.f.) and the development of large estate lots. Additionally, residential redevelopment of older properties along collector streets should be oriented toward estate settings. The proposed development is not consistent with the goals and objectives of the Master Plan. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The maximum residential density for the R20 zoning district is 2.1 dwelling units per acre. The applicant's proposal exceeds both standards with a proposed density of 2.35 dwelling units per acre. Lot Sizes & Widths. 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 applicant proposes to create four single family lots each consisting of 18,155 square feet. The proposed lot widths are not consistent with PUD-R regulations. If a public street is required, each lot width will be approximately 75 feet. The applicant proposes a minimum lot width of 99.8 feet, with a private street, rather than the PUD-R required 100 foot lot width. The proposed PUD also deviates from the required minimum number of lots needed to develop a private drive. The Land Development Code requires a minimum of 20 lots for a private drive. 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. This project does not provide common open space. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. The Development Code Agenda Briefing Ordinance 0-05-1517 Page 3 of 4 requires construction of a 5-foot wide sidewalk adjacent to Bransford Road and a four foot wide sidewalk adjacent to the internal street. IMPACT ISSUES 1. Master Plan. This request is not consistent with the goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are developed as single family uses. 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 1.7 -acre parcel is valued at $139,550. The estimated City property tax revenue for the undeveloped property is $484.79 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. 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 four proposed residences would add 38 vehicle trips per day to the surrounding roadways. 7. Public Notification. Staff mailed notices to 17 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. Staff has received one written response in opposition to this request. 8. Super Majority Vote Required. Staff reviewed the petition and determined that the property owners objecting to the rezoning request and having property located within 200 feet of the subject property represent more than the required twenty (20) percent of the notification area. According to the Land Development Code, a super majority vote by the City Council is required to approve this rezoning request. The following is an excerpt from the Land Development Code, Section 1.18-B.8, regarding the petition requirements. "... case of a protest against such change, signed by the owners of twenty (20) percent or more of either the area of lots or land included in such proposed change, or lots or land immediately adjoining same and extending two hundred Agenda Briefing Ordinance 0-05-1517 Page 4 of 4 (200) feet there from, filed with the City Secretary, shall be passed except by a favorable vote of three-fourths (3/4) of all members of the City Council. In computing the percentage of land area, the area of streets and alleys shall be included in the computation." 9. The Planning and Zoning Commission Recommendation. The Planning and Zoning Commission conducted a public hearing and considered this request at the February 14, 2005, meeting. The Commission recommended denial by a unanimous vote. Recommendation Staff recommends denial of the rezoning request due to technical non-compliance with the PUD-R regulations contained in the Land Development Code and; the proposed PUD does not meet the intent of the Colleyville Master Plan. Attachments · Location and Zoning Map · Aerial · Comparison of Existing & Proposed Zoning District Regulations · Information and Drawings from Applicant · Written Opposition to this Request · Ordinance 0-05-1517 Location and Zoning Map R-20 R-40 Aerial Comparison of Existing & Proposed Zoning District Regulations REGULATIONS EXISTING R20 PUD-R PROPOSED PUD Maximum Density 2.1 DU/AC N/A 2.35 DU/AC Minimum Lot Area 20,000 SF 13,000** SF 18,000 SF Minimum Lot Width 100 FT 100 FT 99.8 FT* Minimum Lot Depth 125 FT 120 FT 180 FT Minimum Front Yard Setback from 30 FT 30 FT 35 FT Bransford Rd. Minimum Front Yard Setback Lots 30 FT 30 FT 30 FT 2 & 3 (Internal Lots) Minimum Rear Yard 25 FT 25 FT 25 FT Setback Minimum Side Yard 10 FT 10 FT 10 FT Setback Minimum Side Yard Setback to a Private N/A N/A 5 FT Drive Maximum Lot 30% 50% 50% CoveraQe Maximum Number 2.5 3 2.5 of Stories Maximum Building 35 FT 30 FT 35 FT* HeiQht Lot Access Public Street N/A Private Drive** * The proposed lot width and maximum building height are not consistent with PUD-R reg u lations. ** The proposed PUD also deviates from the required minimum number of lots needed to develop a private drive. The Land Development Code requires a minimum of 20 lots for a private drive. January 14, 2005 ; RECEIVED JAN 1 4 2005 Mr. Barry LeBaron Manager Community Development Department 100 Main Street Colleyville, Texas 76034 Subject: Zoning Change Proposal Wyatt Park at Colleyville - 1.667 Acres Reference: J.J. Newton Survey, Abstract No. 117S, Colleyville, Tarrant County, Texas : Per ............. Dear Mr. LeBaron: Please accept the attached application for a zoning change to the existing zoning for the above referenced tract of land. The purpose of this zoning change request is to update the existing zoning to meet the current market demands for residential development in this area within the given property size, topography and tree cover constraints. Attached to this letter please find the following items for your review: 1. Zoning Exhibit. 2. Metes and Bounds description of the Property. 3. Statement of Planning Objectives. 4. Development Schedule. S. Proposed Ownership. 6. Utility Provisions. 7. Economic Development Information. 8. Traffic Impact Analysis. 9. Completed zone change request application. 10. Zone change request check for $SOO. We understand that, according to the Schedule for Planning Applications, this zoning matter will be on the Planning and Zoning Commission Agenda for February 14, 200S and City Council Agenda for March 1,2005 (first reading) and March 1S, 200S (second reading). In closing we would like to thank you for your time and attention to this matter. Sincerely, ~ Ocie L. Vest, PE Attachments cc: Dr. C. Cevin Wyatt, The Wyatt Family Partnership, Ltd. CITY OF COLLEYVILLE, TEXAS : RECEIVED JAN 1 4 2005 : Per ............. WYATT PARK Planned Development District Residential Development Standards JANUARY 14,2005 Wyatt Park at Colleyville Residential Planned Development January 14, 2005 Statement of Plannina Obiectives The purpose of this zoning change request is to provide for the unified and coordinated development of parcels within this tract of land to allow for a specific blend of residential products and building relationships that responds to current market demands within the given land context. Special consideration has been given to the topography, tree cover and other spatial concerns to develop a unique set of guidelines or development standards by which the Property will be developed. It is the intent of the property owner to re-develop the site into a prestigious enclave of four distinctive custom homes, each specifically designed and located on the property to preserve and enhance as many of the mature oak trees as possible. The Property is about 1.66 acres located on the west side of Bransford Road between Leta Lane and Colleyville Terrace. The site slopes gently at about 2% from west to east, draining to the existing drainage ditch along the north side of Bransford Road. The tree cover on the Property is extensive including a significant number of mature oak trees. The property contains one existing wood frame house, a guest house made of cinder block, a wood frame garage, open wood frame shed and a tennis court. It is expected that, due to the age and condition of the existing improvements, that they would be removed in favor of the proposed custom homes. There are no defined drainage courses, creeks, lakes or flood plain on the property. The shape and size of the site lends itself toward a plan of development that minimizes the scale of public infrastructure to a degree more suitable and appropriate for the property. The use of a private drive and reduced interior setbacks are the key components that make the proposed plan of development possible to deliver building sites that are driven more by topography and tree cover rather than prescribed setbacks and lot dimensions. If the property was developed in strict conformance with the City's Zoning and Subdivision Ordinances, the site would yield three lots of roughly 23,000 square feet each and a short cul-de-sac. The size and shape of the cul-de-sac, however, being of a much larger scale than necessary to provide adequate access to the lots, would require the loss of a significant number of mature oak trees. Our proposal for the private drive, on the other hand, provides adequate homeowner and emergency access while also providing the ability to work around and save the mature oak trees that represent the signature of this unique property. Page 1 of 3 Wyatt Park at Colleyville Residential Planned Development January 14, 2005 Development Standards The City of Colleyville Subdivision Ordinance and the City of Colleyville Zoning Ordinance will govern development of the Property, except for the following specific standards: Reaulation Item Proposed PO Existina R-20 1. Maximum residential density 2. Minimum lot area 3. Minimum lot width 4. Minimum lot depth 5. Min. front yard setback from Bransford Rd. 6. Min. front yard setback Lots 2 and 3 7. Min. rear yard setback 8. Min. side yard setback 9. Min. side yard setback to private drive 10. Maximum lot coverage 11. Max. number of stories 12. Maximum building height 13. Lot access 2.4 DUlAC 18,000 SF 98FT 180 FT 35FT 30FT 25FT 10 FT 5FT 50% 2.5 35 FT Private drive 2.1 DUlAC 20,000 SF 100 FT 125 FT 30FT 30FT 25 FT 10 FT N/A 30% 2.5 35 FT Public street Development Schedule It is the owner's intent to begin development of the site improvements including grading, utilities, drainage, paving and landscaping as soon as possible following the successful completion of zoning and platting as follows: · Secure entitlements - zoning and platting · Site development construction · Custom home construction 3-4 months 2-3 months 12-24 months Statement of ProDOsed Ownership The current property owner intends to maintain ownership of the property through the entitlement process, development of the site improvements and construction of the custom homes. It is possible that one or more of the custom home sites could be sold to a different custom home builder. Statement of Utilities to be Provided The existing water, wastewater and franchise utilities located in Bransford Road will be extended into the site to provide connections to the proposed custom home sites. From our cursory review of the existing infrastructure we believe the following utility line extensions will be necessary to support development of the site. · Water - extension of a 6" water line along the proposed private drive a distance of about 180 feet from the existing 20" water line in Bransford Road and the installation of an additional fire hydrant at the end of the private drive. · Wastewater - extension of a 6" wastewater line along the private drive a distance of about 180 feet from the existing 6" wastewater line in Bransford Road including a new manhole at the connection point to the existing line and a clean- out on the end of the line at the end of the private drive. Page 2 of 3 Wyatt Park at Colleyville Residential Planned Development January 14, 2005 Economic Development Information This zoning proposal would result in the development and construction of four custom homes that are expected to range in initial sales price from $400,000 to $500,000. For the purposes of this economic analysis we have assumed an average initial sales price of $450,000. The economic benefit to the City of Colleyville resulting from the development of this project can be measured in many different ways ranging from the direct benefit of the increased property taxes for the City, County and School District to the subsequent and indirect benefits of sales tax revenue resulting from the purchasing power of the new residents. The following analysis focuses only on the direct property tax benefits to the City of Colleyville. · Average initial custom home value · Total assessed value of the four custom homes · Current City property tax rate · Total development property tax benefit (annual) $450,000 $1,800,000 $0.3474/$100 $6, 253.20 $139,550 $484.79 · Existing property assessed value (2004) · Existing city property tax benefit (annual) · City property tax increase from existing to proposed $5,768.41 (1189%) Traffic Impact Analvsis The proposed development of this property would result in the construction of four custom homes. Using the accepted engineering standard that each single family home generates approximately 10 vehicle trips per day, the proposed development of this site would generate about 40 vehicle trips per day. Since this amount of proposed traffic is well below the threshold of 1,000 vehicle trips per day required for a Traffic Impact Analysis, we have determined that a traffic study would not be required for development of the site as proposed. It is the intent of this proposal that the driveway access for each of the four proposed single family lots would be directly from the private drive. This would result in minimizing the traffic access and driveways to Bransford Road from the proposed development. Page 3 of 3 ....~--,~_.,~~------~..,."'~" - ^.,. -~-"-'""-~"~__'_'~"~"".""_~~_.""'_~"""'k_~___.__. PROPERTY DESCRIPTION BEING A 1.667 ACRE TRACT OF LAND SITUATED IN THE J.J. NEWTON SURVEY, ABSTRACT NO. 1176, TARRANT COUNTY, TEXAS AND BEING THE REMAINDER OF A 14.6 ACRE TRACT CONVEYED TO THE WYATT FAMILY PARTNERSHIP, LTD.. RECORDED IN VOLUME 11843, PAGE 2221. DEED RECORDS, TARRANT COUNTY, TEXAS AND SAID 1.667 ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED By METES AND BOUNDS AS FOLLOWS: . BEING AT A 5/8" IRON PIN FOUND AT lHE SOUlHEAST CORNER OF SAID 1.667 ACRE TRACT OF LAND, SAID POINT BEING IN THE WEST RIGHT-Of-WAY LINE OF BRANSFORD ROAD AND SAID POINT BEARS SOUTH 89'06'48" EAST. A DISTANCE OF 3.75 FEET FROM THE NORTHEAST CORNER OF LOT 5. OAK RIDGE ESTAlES. AN ADDITION TO THE CITY OF COLLEYVILLE ACCORDING TO THE PLAT RECORDED IN VOLUME 388-138, PAGE 56, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89'06'48" WEST, ALONG THE NORTH PROPERTY LINE OF. SAID OAK RIDGE ESTATES 3.75 f"EET PASSING SAID NORlHEAST CORNER OF LOTS. CONTINUING IN ALL 365.28 FEET TO A 5/8" IRON PIN SET AT THE SOUlHEAST CORNER OF LOT 1. BLOCK " CIRCLE B BAR K ADDITION, AN ADDITION TO THE CITY OF COLLEYVlLLE ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE NO. 2752, PLAT RECORDS, TARRANT COUNTY. TEXAS. THENCE NORTH 00'53'01" EAST, ALONG THE EAST UNE OF SAID LOT 1, BLOCK 1, CIRCLE B BAR K ADDmON, A DISTANCE Of 198.93 FEET TO A 5/8" IRON PIN SET AT THE NORTHWEST CORNER OF SAID 1.667 ACRE TRACT OF LAND AND SAID POINT 8EING A CORNER OF SAID LOT 1, BLOCK 1, CIRCLE B BAR K ADDIllON; THENCE SOUlH 89'13'.33" EAST. ALONG THE NORTH PROPERTY LINE OF SAID 1.667 ACRE TRACT Of LAND, A DISTANCE OF 363.54 fEET TO A 1/2" IRON PIN FOUND IN THE AFOREMENTIONED WEST RIGHT-OF-WAY LINE Of BRANSFORD ROAD; THENCE SOUTH 00'23'05" WEST. ALONG SAID WEST RIGHT-Of-WAY LINE Of BRANSFORD ROAD. A DISTANCE OF 199.65 FEET TO THE POINT OF BEGINNING AND CONTAINING 72.622 SQUARE FEET OR 1.667 ACRE OF LAND. W"_'_~.~_"__"__~~___,_,,"___~_,__,__~.,,,___.__,,_"._<___~~.____._'___.,._..~^..~."_"o,, ""~""_"~"",,,_,,,,"__~,,,,"~__~,"'_.____...~~_ ~_~___ City of Colleyville ~ 'Of- t.-.s; ~t.@ 1'0- JO"r \'CC3^ Rc o .:) .:) :~ , ;0 ~ 0 M ~ <l: (1,. s: :i: '1: , , I '1; o St<:,^ ^<;lo^ l" Mo'":t~€-....t: A..'f: q '" ~~ o S 'I~ ;t. 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U I ,_-;,:", /' ..... ~>" . City of Colleyville 'i v:m~.'!!'".100MainStreet '" '''='};\~{ _) , "s;7 ?/~I~~~~, TX 76034 "'4,,' x..-.~,,; ,J ~r;, t '<,,<$" Emerald Ct. Ha"ca.;e. _" it .. .. .. , j ~ Page 1 of 1 of Ccdl€~y'vdk~ < NCTCL)G ~ u; ~ in ;: oJ; " ., ~ ~ ~ , Q , .. ~j :!: cl , 0(", ;t r:; r:;: ,', ~e'l"O U. l'y'erA'oo'f: ~ Oa, "'0 u' n < '" ~ <= ~ , ,g ~1 r:;: (r. , .. ::3 ~ o 0' l.,,,;!io oi' . I (f,"'Y. (' <;) ~:::....o , ,p...",N "\ i'J..n~-;:~.i DOJgtaj; .......e ','cca.... L'" ~ ~ ('J li".1 '" '" ~ ;:i .. r , <;;' 1;:,'" .J! v ...t U; n .: or, , ~ r:; ::~ .~' ~ r.:; crJ c ~ :r '>> ICJ ::I '1 :;tu, =0 ('.1. ;t 1.: , Gal'"f);' I_'~'n,.,e Or '6' J C.al~"'01. U' r -,e-' R.: o ~~ ;: ,L' .$' ,f I '" t , Ha' -.O""ft-SO'" H:c -i: Co ~ Q :3 1 ~ Co '; , ~ .~ (;. j , v .A.....o....d.a'€: ~.. (':, .A.va'o'" L.V' ~ ~, ....,".. D' ~ ,. p; ,g c. ... ;r. <: '" ,. '. ~ o d X c, :i ,. " " 0. 'X ::i ~l ,.. ~ u ~ f K '''-;~'''OX l" d ~ ~ ~; .{ C; t<:;- & c Rc~'al Ln , c, q, -> ;;: .)1 c ..... h ,t ci! C"'eN''Y ...... ..~ace- R<:: X S; ~. ~ City of Colleyville DISCLAIMER N This data has been compiled for the City of t Colleyville. Various official and unofficial sources were used to gather this information. Every effort was made to ensure the accuracy of this data, however. no guarantee is given or implied as to the accura of said data. , -' :!> 8 f '" :::l 6 ~) ~1 "J " 0\0 -i. RECEIVED JAN 1 4 2005 http://maps.cLcolleyville.tx.us/print.asp?Extentleft=2372863.61829373&ExtentRight=$7. -1 7.G.ZQ...,.. 1/13/2005 VICINITY MAP Planl.a'.'on Or N C 1=-{atl.. . res.' Dr '13"0.1 D rs -< Q ,,' r.:; ~ :l "~ .. .; Q C1t;~~ W N (fI I') ~ 0 eX' 1 ~. ~." tL S' R-- F cE -(g n.. 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Q 0 U1 Mark McCrary Date: 2/14/05 TO: Planning and Zoning FROM: Mark McCrary CO: City of Collevville EMAIL: m~raIYoutdoor@msn.com PHONE: 817-!'\0~-1O!'\1 PHONE: 817-849-8500 FAX: FAX: 817-849-8501 # of pages 1 Re: change of zoning request on 1.898 acres on Tracts 1A3, tA3A and 1A3B of Abstract 1176, of the J. J. Newton Survey located at 5612 Bransford Road. I own the property that is adjacent to the above referenced Cevin Wyatt property (5612 Bransford) on the north and west boundary lines. My properties are addressed as 5700 Winnie Drive (west boundary) and 5616 Bransford (north boundary). I also own the 1.5 acres at 5700 Bransford and the 7.5 acres at 5712/ 5708 Bransford - my properties along Bransford have a total frontage of approximately 600 feet and represent 85% of the frontage running due north of the subject property for a distance of about 700 feet. My homestead property at 5700 Winnie Drive which connects to the subject property's west boundary line consists of 14 acres. All totaled, I own approximately 23 acres (including 600 feet of frontage to Bransford Road) immediately in the vicinity of the subject property See attached map. Currently, I am developing the 7.5 acre tract at 5712/ 5708 Bransford into two 3+ acre estates, each valued upon sale in excess of $3 million, or a total in excess of $6 million. I intend to develop the 5700 and 5616 Bransford sites (as one replatted lot) into a 2 acre estate worth approximately $2 million. Thus, I am vigorously opposed to the proposed rezoning on the subject property because of the following: · The PUD-R rezoning would result in 4 houses on a property that is only big enough for two based on R20. The entire neighborhood is either R20 or R40 (across street). Such density would set a dangerous precedent for an area in which I am investing millions of dollars to improve to estate status. Four homes on small lots next to multi-million dollar, multi-acre estates threatens the value and overall appeal of the estates. Allowing this rezoning would only set a precedent for other similar re-zonings in the immediate area later - any of which would be a detriment to the estates I am developing. · I invested significantly in this area knowing that the R20 zoning was there and that such 1/2 acre homesites could be built around my estates. Although I prefer to develop the area into larger estate homesites, I was and am willing to take that R20 risk. I, however, am not willing to take the risk of having developments of greater density than R20 in the area. · The homes to the north, west, and east of the subject property, although zoned R20, are for the most part 'country estates" in that they mostly are on more than 1/2 acre and they have a lot of unimproved land. This open space creates a rural feel with tangible privacy. This beauty and privacy is why I invested heavily in the area and why I am developing the estate-sized homesites. I oppose any development like the subject one which decreases the open space, privacy, and rural feel of the area. Thank you for your consideration. ~~~ 7 ORDINANCE NO. 0-05-1517 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY CHANGING THE ZONING OF TRACTS 1A3, 1A3A AND 1A3B, ABSTRACT 1176 OF THE J.J. NEWTON SURVEY, FROM THE R20 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Ocie Vest on January 14, 2005, under Case No. Z-05-004; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Ordinance 0-05-1517 Page 2 of 4 THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the R20 Single Family Residential district to the PUD-R Planned Unit Development Residential district, as described in the attached Exhibit "A" and Exhibit "B", and as depicted on attached Exhibit "C". THAT the PUD-R shall be subject to the following conditions: A. General 1. The purpose of the PUD-R area is for single-family residential development. 2. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. B. Permitted uses 1. Single family residences, detached C. Residential Lot Requirements and Setbacks 1. Residential lot requirements and setbacks shall comply with the following provisions: 18,000 square feet 99.8 feet 180 feet 35 feet 30 feet 1 0 feet 5 feet 25 feet 50 percent 2.5 stories 35 feet Private Drive a. Minimum Lot Size b. Minimum Lot Width C. Minimum Lot Depth d. Front Building Line along Bransford Road e. Front Building Line for Internal Lots f. Side Building Line g. Side Building Line to Private Drive h. Rear Building Line I. Maximum Lot Coverage j. Maximum Number of Stories k. Maximum Building Height I. Lot Access Sec. 4. Sec. 5. Sec. 6. Ordinance 0-05-1517 Page 3 of 4 D. Conceptual Site Plans and Plattinq 1. A maximum of four (4) lots shall be allowed. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit "C." The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate physical, topographic, drainage or other conditions. 2. 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 3. The maximum residential density shall not exceed 2.4 dwelling units per acre. E. Streets and Sidewalks 1. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. F.OTHER 1. This development shall be subject to all impact fees as of the date of approval of the final plat THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or Ordinance 0-05-1517 Page 4 of 4 any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" CC-2 KIN GSWOOD Portion of Lot 1R, Block 1, Town Center Colleyville Phase I EXHIBIT "B" ". _t;~ ';'_.~ ).&J ,)? ',ce- a':!:_ J~1f I 1 al 1>1 ~I I ". , i'"-'~ ' 1 $<.t;' ~ J'~ 1{1' ! 1 I I I 1 .~. ~o.. t I.:..,t~_,~_ \:-_,1 -f='?3~~~.... . ~.'" '., .". ~_1"__. "',~1 ----:~. " ~'~ ;'-..;: ~- ....~ 0._-...... \ -- -- ) . .;..c:;i;;.;;c:,;;;;.:;;;.;;;-;,;;.I,-;;;;..4.;___.. _~ , -. - -.../ / ...-.,.;:;~:~ , ',- ,: ~ I I I I I I I~ ! I ~ I ~ I I I ~ ~l 71 !1 5611 Colleyville Boulevard, Suite 240 CITY COUNCIL City Of CC~(1l AGENDA BRIEFING IL~."a:; MEETING DATE: 03/15/05 ITEM # : 6 ORDINANCE #: ! 0-05-1518 CITY MANAGER i DEPARTMENT HEAD FINANCE REVIEW! Previous Action: None DEPARTMENT: ENGINEERING SUBJECT : Approval of replacing Ordinance 0-04-1490 for the establishment of school zones within Colleyville First Reading and Public Hearing Backqround On December 7, 2004 Ordinance 0-04-1490, establishing the speed limits and school zones for the City of Colleyville, was approved by City Council. Construction of the Tuscany Addition, which is located adjacent to Colleyville Elementary School on SH26, began in late October 2004. The entrance to the development is located approximately 175' north of the school. Located at this entrance is a school zone flasher sign for Colleyville Elementary School. Gary L. Cantrell Company, Inc., the developer of the subdivision, has requested permission to relocate this flasher to a location approximately 40' to the north of the current location. The relocation cost will be paid by the developer. The relocation of school zone flasher signs requires the approval of the City Council. The school zone at 4800-6000 Colleyville Boulevard was changed from 1160 feet North to 1200 feet North. Exhibit "1" of the Ordinance reflects the location change. Due to the opening of the new elementary school on McDonwell School Road, this ordinance will also establish the school zone in this area. Exhibit "1" includes the addition of this school zone at the 1100 block on McDonwell School Road at distances of 260 feet east and 180 feet west of the respective property lines of the school. Financial Impact None Recommendation Approval Attachments · Letter from Developer · Ordinance 0-04-1490 · Ordinance 0-05-1518 ~Gary L. Cantrell ... COll1pany., Inc. REAL ESTATE DEVELOPMENT/INVESTMENTS February 15, 2005 Mr. Keith Fisher City Engineer City of Colleyville 100 Main Street Colleyville, Texas 76034 Re: Relocation of School Zone Sign - Colleyville Elementary - Tuscany Addition Dear Keith: We would formally request permission to relocate a flashing school zone sign that is located within the proposed intersection of Tuscany Drive and Colleyville Boulevard (S.H. 26) at no expense to the City. The street location was dictated by TxDot and a permit for construction issued. The location of the sign was overlooked during the design of the intersection. We understand there is a minimum distance required, so we are requesting to relocate the sign approximately 40 feet farther north and away from the school. We are including the following enclosures for clarification: Exhibit A - General Location Map Exhibit B - Zoning Exhibit - Tuscany Addition Exhibit C - Sign Relocation Detail Plan Exhibit D - Approved TxDot Permit Your consideration and cooperation in this matter would be deeply appreciated. Sincerely, ,~k ./ Gary Cantrell HWC Colleyville Tuscany, L.T.D. Celebrating 20 Years P.O. Box 96 · Colleyville, TX 76034 · 817-571-4834 · Fax 817-685-7739 [ill .JJ CONTINUED ON MAR 26 I rn1 ~ ~-~",t~ ~.. r ~~/ #nti~~~~ ~WELVEOAK (l'+-s'1no.... ell'"' S?'" ~OOUGLA" ......~l/' -.-/ ~ 2t12h it- ~ '" o"M ~J w~ /f t 'j; GlfNHOpl~'" 35 '" ....' 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'" ~... ..~;: <0.; "'''' 51 '::i ;:j-... <:'~;j ,.0 ..... hlt:: ;-< ~ ~ )a;: :tJ~ !:! ~t; :.. C q tI]"'i Cf:l ~ ""i "i :"i ~ ~ :., c ii:: Jir r r , F'I:I ~r II (Iul if !jl ~!ljl',!U Ijlliillfi 'I; ; ; : If: e:J II II ,'''' !I :,J IfI,l !~Il!: :,JI!i 11! ! ! ! !i! :ii Ai ii '1!!j ~i Iii dii;jlj i,r i/Ji1s IIIII : Ok: it" !. i' WI! i' ~, ,+ !!:. I!: I'l'i: (I. . . ~ 'I~ I~! III1 ,..!!I ,I fl,""'!! 'f' Ih'fl, !III . .., if 'I' ill" " . ~ 0..," .i 'f,li r!' : : I HI I.! II I m: II d !I~I ('nl II ',",Is J'~ I . .. -I'.r I Iii I n ,I, I I" " r ' " I,'{' ,".1;1 ;, ""'J' It :. :,:. If It il J!loJ'i . 0:, .,. 0 ('" "I' (' t' '" f Ii i I ~! 'Il: i: ~ m: : :l .r"l fI,: ,~ 1:.$1,. , I' II . , t~~ '" I'" IJI' ,il ,'II I I" I "lit , " ft' ,'J . ht. e' Ie: i I,ll i 'Ii !oiiJ I.i 1,1 !',II',i , ,', "I I ,,' , 'ill' i' , III [ J ' C{'I ' ; II 'II.. I .,' Ii ,0,', .) I I ..I .., I I I . u ;~ '" '"' ... !I;~~ i 17)1 1 " 'I t:XH'~IT B \ U-J ~ o z o o w '2> ,,~o9 " ~ <J- x.-" x.- GO~G /' CJ) N ~ ~G~ - "c6' ~0~(. ~ \..0 '2 ~c tF ~~ ~J ~b< E b<tt- .gl. Z () ~t _\I ~j eXt-t,,&\T ,. It C. TUSCANY DRIVE c/o CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TEXAS 76034 The Texas Department of Transportation, hereinafter called the State, hereby authorizes, CITY OF COLLEYVILLE, hereinafter called the grantee, to (re) public access street (TUSCANY DRIVE) on the highway right-of-way abutting Highway No. SH 26 in TARRANT County, located ON SH 26 (WEST SIDE) NORTH OF HALL JOHNSON ROAD. Subject to the following: 1. The grantee is responsible for the costs associated with the construction of this access driveway. 2. Design of facilities shall be as follows and/or as shown on sketch: TO CONSTRUCT A PUBLIC ACCESS STREET (TUSCANY DRIVE) ALONG WITH DRAINAGE FACILTIES WITHIN THE STATE RIGHT OF WAY IN ACCORDANCE WITH THE ATTACHED PLANS. THE STREET SHALL BE CONSTRUCTED WITH 8" LIMETREATEI) COMPACTED SUBGRADE (2.5 BEYOND EDGE OF CONCRETE), 4" OF TYPE "D" HOT MIX UNDERLA YMENT (2' BEYOND EDGE CONCRETE, AND 8" OF CLASS P CONCRETE, WlDCH SHALL BE NON REINFORCED BECAUSE OF THE PLANNED IDGHWAY PROJECT. SAFETY END TREATMENTS (6:1) EINCASED IN CONCRETE RIP RAP ARE REQUIRED PER THE ATTACHED PLAS. SAW CUT (FULL DEPTH) ALONG THE EDGE OF THE ASPHALT FOR THE CONCRETE CONNECTION. ALL CONSTRUCTION WITHJN THE STATE RIGHT OF WAY SHALL BE IN ACCORDANCE TO STATE STANDARDS AND SPECIFICATIONS. SEE ATTACHMENT "A". -==* AT..... o.,.,..,_r 01 TtwNpOrtadon To: 3. 4. 5. 5. 7. DIST FILE: PERMIT TO CONSTRUCT ACCESS DRIVEWAY FACILITIES ONIDGHWAYRIGHTOFWAY Hwy. SH 26 Control 363 TUSCANY DRIVE Permit No. lO-SC-225-04 Section 1 GARY L. PIllLLIPS, TMS vn, TELEPHONE NUMBER 817-232-1304, SAGINAW OR 817-399-4350, EULESS, TEXAS, SHALL BE NOTIFIED TWENTY-FOUR HOURS PRIOR TO BEGINNING CONSTRUCTION WITHIN THE RIGHT TO WAY AUTHORIZED BY TillS PERMIT. All pipe (CGMP or RCP), safety end treatments and base material, shall be at the iob site located off the State riaht of way prior to the driveway installation. All construction and materials shall be subiect to inspection and approval bv the State. Maintenance of facilities constructed hereunder shall be the responsibility of the grantee, and the State reserves the right to require any changes, maintenance or repairs as may be necessary to provide protection of life or property on or adjacent to the highway. Changes in design will be made only with approval of the State. The grantee shall hold harmless the State and its duly appointed agents and employees against any action for personal injury or property damage sustained by reason of the exercise of this permit. Except for regulatory and guide signs at county roads and city ~treets. the Grantee shall not erect any sign on or extending over any portion of the highway right of way, and vehicle service fixtures such as service pumps, vendor stands, or tanks shall be located at least twelve 3.6 meters (12 feet) from the right-of-way line to ensure that any vehicle services from these fixtures will be off the highway. This permit will become null and void if the above-referenced driveway facilities are not constructed within six (6) months from the issuance date of this permit. OSCAR CRA VEZ, AE / GARY L. PIDLLlPS, TMS vn The grantee will contact the State's representative EULESS, TX SAGINAW, TEXAS, telephone (817) 232-1304 at least twenty-four (24) hours prior to beginning the work authorized by this permit. (817) 399-4350 - EULESS, TEXAS . . Teas Department of Transportation Date of Issuance: DECEMBER 10. 2004 GARY L. PIDLLIPS: 1 DAY Glenn E. EIIi . P. E. Director of Maintenance Time Process: Date: Signed: DECEMBER 9. 2004 .1 - '1 e:XJ-H e> 'T D 1\ i j. ORDINANCE 0-04-1490 AN ORDINANCE REPLACING ORDINANCE 0-94-965, CHAPTER 94, TRAFFIC AND VEHICLES, MAXIMUM PRIMA FACIE SPEED LIMIT AND SCHOOL SAFETY ZONES WHEREAS, the City Council deems it necessary for the health, safety and protection of school children and the public in general to establish the maximum prima facie speed limit and the modified school safety zones within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS AS FOLLOWS: Sec. 1. THAT Chapter 94, Traffic and Vehicles, Section 94-49. Speed Limits - Generally, be amended as follows: (a) When posted and un-posted. It shall be unlawful for any person to run, drive, direct or permit the running or driving of any motor-driven vehicle in, upon, along or across any public highway, street, alley or thoroughfare in the business, commercial, or residential districts within the corporate limits of the City at a greater rate of speed than 30 miles per hour unless otherwise posted. It shall be unlawful for any person to run, drive or permit the running or driving of any vehicles on roads, streets and highways designated as school safety zones, and as marked by signs erected on such roads, streets and highways, during the school season and between the hours designated on such signs at a greater rate of speed than 20 miles per hour. (See section 94-29 for speed limits on designated streets. ) (b) Emergency vehicles. The provisions of subsection (a) of this section shall not apply to emergency vehicles when responding to emergency calls. (c) When police officer directs. Nothing in this section shall be construed as prohibiting the driver of a motor vehicle from obeying the instructions of any police officer directing traffic, or any sign, signal, or device directing the movement of traffic. Sec. 2. THAT Chapter 94, Traffic and Vehicles, Section 94-49. Same on specific streets, be amended as follows: Ordinance 0-04-1490 Page 2 of 2 Upon the basis of an engineering and traffic investigation made as authorized by the provisions of V.A.C.S. art. 6701d, 167 and 169, Uniform Act Regulating Traffic on Highways, the following prima facie speed limits indicated in this section for vehicles are hereby determined and declared to be reasonable and safe, and such speed limits are hereby fixed at the rate of speed indicated in this section for vehicles traveling upon the named streets and highways, or parts thereof. The location of such school zones hereby established. (Exhibit "1 "). This Ordinance shall become effective from and after its passage as provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /~ ~ day of ~~~ 2004 The second reading and public hearing being conducted on the 7~ day of ~--'" C"..I~~ 2004. Cynthia Singleton City Secretary ,~~o FORM AND LEGALITY: o~ ity Attorney Exhibit 1 School Safety Zones Street by Block Portion of Street Speed in Miles Number Per Hour Glade Rd. 400 . 263 feet West and 783 feet East from the centerline of the crosswalk 20 700 located in the 400 block. Bransford Rd. 260 feet North and 840 feet South from the center line of the 20 4700 .4900 crosswalk located in the 4700 block. Center Park 500 867 feet East from the centerline of the crosswalk located in the 500 20 block. Cheeksparger Rd. 745 feet West and 798 feet East from the centerline of the crosswalk 20 600.900 located in the 500 block. Bogart St. 900 . 1,472 feet West and 461 feet East from the centerline of the 20 1000 crosswalk located in the 1000 bock. Colleyville Blvd. 1160 feet North and 388 feet South from the centerline of the 35 4800.6000 crosswalk located in the 4800 block. Hall Johnson Rd. 533 feet East from the centerline of the crosswalk located in the 1200 20 1200 block. Heritage St. 5200 150 feet North and 949 feet South from the centerline of the 20 crosswalk located in the 5200 block. Pool Rd. 5100. 650 feet North and 583 feet South from the centerline of the 20 5400 crosswalk located in the 5200 block. Glenhope St. 6400 556 feet East from the centerline of the crosswalk located in the 6500 20 block. Glenhope SI. 6500 352 feet South from the centerline of the crosswalk located in the 20 6500 block. Glenhope St. 6600 541 feet East from the centerline of the crosswalk located in the 6600 20 block. ORDINANCE 0-05-1518 AN ORDINANCE REPLACING ORDINANCE 0-04-1490, CHAPTER 94, TRAFFIC AND VEHICLES, MAXIMUM PRIMA FACIE SPEED LIMIT AND SCHOOL SAFETY ZONES WHEREAS, the City Council deems it necessary for the health, safety and protection of school children and the public in general to establish the maximum prima facie speed limit and the modified school safety zones within the City; and WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Chapter 94, Traffic and Vehicles, Section 94-49. Speed Limits _ Generally, be amended as follows: (a) When posted and un-posted. It shall be unlawful for any person to run, drive, direct or permit the running or driving of any motor-driven vehicle in, upon, along or across any public highway, street, alley or thoroughfare in the business, commercial, or residential districts within the corporate limits of the City at a greater rate of speed than 30 miles per hour unless otherwise posted. It shall be unlawful for any person to run, drive or permit the running or driving of any vehicles on roads, streets and highways designated as school safety zones, and as marked by signs erected on such roads, streets and highways, during the school season and between the hours designated on such signs at a greater rate of speed than 20 miles per hour. (See section 94-29 for speed limits on designated streets.) (b) Emergency vehicles. The provisions of subsection (a) of this section shall not apply to emergency vehicles when responding to emergency calls. (c) When police officer directs. Nothing in section shall be construed as prohibiting the driver of a motor vehicle from obeying the instructions of any police officer directing traffic, or any sign, signal, or device directing the movement of traffic. Ordinance 0-05-1518 Page 2 of 2 Sec. 3. THAT Chapter 94, Traffic and Vehicles, Section 94-49. Same on specific streets be amended as follows: Upon the basis of an engineering and traffic investigation the following prima facie speed limits for vehicles are hereby determined and declared for vehicles traveling upon the named streets and highways, or parts thereof. The location of such school zones hereby established. (Exhibit "1 "). This Ordinance shall become effective from and after its passage as provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney Exhibit 1 School Safety Zones Street by Block Portion of Street Speed in Miles Number Per Hour Glade Rd. 263 feet West and 783 feet East from the centerline of the crosswalk 400 . 700 located in the 400 block. 20 Bransford Rd. 260 feet North and 840 feet South from the center line of the crosswalk 4700 - 4900 located in the 4700 block. 20 Center Park 867 feet East from the centerline of the crosswalk 500 located in the 500 block. 20 Cheeksparger Rd. 745 feet West and 798 feet East from the centerline of the crosswalk 600 - 900 located in the 500 block. 20 Bogart St. 1,472 feet West and 461 feet East from the centerline of the crosswalk 900-1000 located in the 1000 bock. 20 Colleyville Blvd. 1200 feet North and 388 feet South from the centerline of the crosswalk 4800 - 6000 located in the 4800 block. 35 Hall Johnson Rd. 533 feet East from the centerline of the crosswalk 1200 located in the 1200 block. 20 Heritage St. 150 feet North and 949 feet South from the centerline of the crosswalk 5200 located in the 5200 block. 20 Pool Rd. 650 feet North and 583 feet South from the centerline of the crosswalk 5100 - 5400 located in the 5200 block. 20 Glenhope St. 556 feet East from the centerline of the crosswalk 6400 located in the 6500 block. 20 Glenhope St. 352 feet South from the centerline of the crosswalk 6500 located in the 6500 block. 20 Glenhope St. 541 feet East from the centerline of the crosswalk 6600 located in the 6600 block. 20 McDonwell School Rd. 180 feet West of the western property line and 260 feet East of the eastern 1100.1000 property line located in the 1100 block. 20 CITY COUNCIL cc@n", AGENDA BRIEFING IL';>\~$ MEETING DATE: I 03/15/05 ITEM #: ! 7 RESOLUTION #: ! R-05-2525 CITY MANAGER ! DEPARTMENT HEAD I FINANCE REVIEW I DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Final Plat of Cambridge Place Addition, 9.181 acres, located south of Centerpark Drive, east of Colleyville Boulevard, Case P-05-004 Previous Action: None Readmg and Public Hearing Arcadia Land Partners 30, Ltd., is the developer of 9.181 acres of land located on the south side of Centerpark, just east of Colleyville Boulevard. The developer has submitted a final plat of the property for review and consideration. The plat contains 36 lots for the construction of new single family residences. Zoning. The property is currently zoned PUD-R Planned Unit Development Residential. The PUD-R ordinance was approved by City Council at the July 6, 2004, meeting by Ordinance 0- 04-1467. Residential Lots and Density. The minimum lot size in the subdivision is 4,720 square feet, and the average lot size is 6,359 square feet. The lot sizes, dimensions and setbacks meet the requirements of the approved PUD-R zoning for the property. The density of the development is 3.92 dwelling units per acre. Open Space. The plat contains five open space lots within the development. An open space lot is located adjacent to Little Bear Creek on the south side of the property, another is located on the north side of the interior street, and three other lots of varying sizes are located within the development. The open space lots range in size from 1.014 acres to 518 square feet. The homeowner's association is required to maintain the open space areas. Sidewalks and Trails. A 5-foot wide sidewalk is required adjacent to this development along the south side of Centerpark and on the north side of the interior street (Creekview Lane). The developer is required by the PUD-R ordinance to construct the 5-foot wide sidewalk along the entire length of this development on the south side of Centerpark and on the north side of the interior street (Creekview Lane) adjacent to the common open space. Each homebuilder is responsible for construction of the applicable section of the 5-foot wide sidewalk on the lot frontage of each lot on the north side of Creekview Lane as houses are built on those lots. Sidewalks are not required along the south side of the interior street. Height Restrictions. The PUD-R ordinance restricts the location of windows on the second story of houses constructed adjacent to the Lakewood Estates subdivision. On Lots 26-29, second story windows may only be allowed on the front of the house and facing the street. Agenda Briefing Resolution R-05-2525 Page 2 of 3 Fences, Walls and Screening. The developer is required to construct a 6-foot tall screening fence along Centerpark. The fence may be constructed of masonry, ornamental iron, or a combination of the two materials, and the fence must be constructed as part of the improvements to the subdivision. The residential fences that face the street must also be constructed of masonry or ornamental iron. Dwelling Unit Construction Requirements. The PUD-R zoning regulations for this property have specific design requirements for houses built within the subdivision. All chimneys must be constructed of compatible material with the exterior walls of the house. All houses must provide an attached or detached 2-car garage, and the garage doors must have wood exteriors or trim. The exterior of all houses must be constructed of brick, stone, stucco or cement fiber board. All roofs must provide a 12:12 pitch. These criteria will be reviewed at the time building permits are requested in the subdivision. Construction and Drainage Plans. The Colleyville Engineering Department has reviewed the construction and drainage plans for this development and has approved these documents as being in compliance with the design standards contained in the Land Development Code. Finished Floor Elevations. The final plat drawing shows the minimum finished floor elevation for those lots situated adjacent to the 100 year flood plain. Site Features. The PUD-R zoning prohibits the construction of overhead utility wires. All utility services internal to the development and adjacent to the perimeter of the development must be buried underground. The ordinance also requires the installation of decorative light poles and street signs, which must be maintained by the homeowner's association. Additionally, the ordinance requires the planting of street trees within the development. The developer has submitted a copy of the proposed landscaping plan for the development showing the general location of the proposed trees. A copy of the landscape plan is attached. The owner's surveyor has addressed all Development Review Committee comments. The proposed development appears to satisfy the requirements of the Land Development Code and the approved PUD-R ordinance for the property. Planning and Zoning Commission Action. The Planning and Zoning Commission considered this final plat at the February 28, 2005, meeting and denied the plat due to the developer not submitting a draft copy of the homeowner association covenants regarding the guarantee of maintaining the common open space. The developer has submitted the required document and a copy is attached to this agenda briefing. A super-majority vote to approve the final plat is required by the City Charter to overturn the denial of the Planning and Zoning. The applicant has requested that a petition originally presented at a 2004 City Council meeting be included as an attachment. Please refer to "Developer correspondence" for a copy of the document. Agenda Briefing Resolution R-05-2525 Page 3 of 3 Recommendation Approval Attachments · Location map · Plat · Proposed Landscape plan · Sidewalk plan · Development Review Committee memo · Developer correspondence · Draft covenants · Resolution R-05-2525 Location Map -.;;- . .. I LL~"'~I...~ t7~"- AC~ ~\ . U.. . .0 ~ . l.oat. i ~<i"~ e~~~~ ~,. '-\.~ '"/ 01".-' ~~ ,,,0" \'o\~ ~ '" "\ ~~\'t':';':,.~'''' TJI~' p.. . 1.UAC .'1.:"" ~~ )'1.~" TIt .. ...... '''''T;'' "fI,.1~ .. ... TIt.. C ..............::..........:...... ......... ..:";' ......':~..;,.......,~ ..... ",B 1012 '\,,1.04 At '4.442 . .... , "" "'.. ~7jf".. ,/ " " It ~' ~ ~ c': \ , R " ~ '- '. 'I" '("'I. ;.~) \ "J ~. ,", ...._.._.:.....:.........._......._:~..~.... ,\-. _ _,I 6 ,.......... - 0(..............".... u... . f7 .. "~'"' ,\\.y~"\" ", : TI..l~~~.'.~\~{: ~~...>>.~..H.mH:: _________-~) ~..... za .. - S? '\ ~ ..... / -...-... - -'~ .. .., Plat .oe I. ~ ___~:_ i." l'~ :;! <i;:. ''I, 'to("<i'l:\. ",~ \~~" 'I::""~. ..... -1Iio~i ~ ... ..... 'I ;l) I , f"1 } ,:-) " , . . . L. m r;:, r'"l ~. ;'-~ M iE . r: ! (, ~ r~~J:Y;if~ I ""~ 5" ). ~~Ull; 1\1' " ~ .\ ,,_wl 'Sl .."'.~ '$"n! """"'...... ....~..tl-. ~-~'."~ "1_..1. . l, , .li' - .i j ! ""( -}. . ~ · # .'f ,;~r-- ~ - ~ .-." -..- '"'"* _ ~_il> '!I..--Ul..._~,,_..~..}.t'_ ~"'i ~ t;1 VJ ~ ~ ~ .I) 7 II , Landscape Plan Showing Street Tree Layout ('I o( (~ J-" /( (~ <90 v( ~" "'-? <l ( r 1~ll. f. I'~I' " I . , li'r ir:ti f',.. ~j'< 1'- :r 'I. ;11 I i~l i I I Sidewalk Plan . ',".\. . 'l't./"" '~ {~"" I ~ ' IP I .~ I . ~j :1 .1 ! ,,::S"'l" ~, ; I ~; ";~ I 'f ~ !~ ~ ':w fiEl,~ I ~~i~-f I ~~;fl ! :i~:dl .a.f:~ Jr',-lI' d(~'!l ''''''il . J~~, I L~~_J , '1.;. '>': " '. \'. ~.. ..... , l'" i-' · 't~': _~) 4 , ".--- ~I .. L <'l'<;.1~"'.,' y-. ,~,.y Development Review Committee memo DEVELOPMENT REVIEW COMMITTEE DATI! January 26, 2005 FAX TO Arcadia Land Partners FAX NO 972-774-9111 Jones & Boyd Inc. 972-248-1414 FROM Barry LeBaron, AICP, Development Director SUBJEC P-05-004 - Cambridge Place, Final Plat T The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. PLAT DRAWING 1. The dashed lines indicating the pad sites do not coincide with the building setback lines shown in the detail note at the top of the page. The pad sites lines should be removed and the setback lines redrawn noted on each lot with sufficient dimension to avoid potential problems obtaining a form-board survey at time of building permit. 2. Add the names of the streets. Staff will compare any proposed street names for duplication. 3. The PUD ordinance prohibits second story windows facing Lakewood Estates on Lots 26, 27, 28 and 29. Place the following notation on the plat: Lots 26, 27, 28, and 29 abutting Lakewood Estates shall be limited such that no second story windows will be allowed unless they are on the front of the home and face the street 4. The case number may be added to the drawing: P-05-004. 5. Add the following signature block for City Council approval. City Council Approval Whereas the City Council of the City of Colleyville, Texas voted affirmatively on this day of , 20_, to approve of this Plat. Mayor, City of Colleyville Attest: City Secretary ENGINEERING CONSTRUCTION PLANS The engineering construction plans have been reviewed by the Engineering Department, Fire Department and Public Works Department. The following comments are related to the construction plans. Questions concerning the engineering construction plans should be directed to Robert Woods at 817-503-1090. 1. FINAL PLAT - SHEET 1. A. Need to show the minimum finish floor elevations on affected lots. B. F.I.R.M. Panel Number appears to refer to property located along the south side of Big Bear Creek. 2. PAVING PLAN - SHEET 3. A. How will the water cross over to the inlet located at Station 3+96.80-Street C? 3. GRADING PLAN - SHEET 7. A. It appears that fill is being placed in Lots 23-26 which encroaches into the designated floodplain as shown in note pertaining to L.O.M.R. prepared by Halff and Associates. B. There will need to be additional study performed to show the affects of the placement of this fill. C. F.I.R.M. Panel Number appears to refer to property located along the south side of Big Bear Creek. D. How will the retaining wall shown located running along the easterly property line affect the stream conditions? E. The minimum finish floor elevation shall be elevated two feet above the established base flood elevation. 4. DRAINAGE AREA MAP - SHEET 9. A. Need to provide information for pre-development and full development conditions. B. How will the off-site water from property located along Colleyville Blvd. (State Highway 26) be handled? 5. STORM SEWER PLAN/PROFILE. A. What is the radius of pipe located in Line "A" beginning at Sta. 1 +15. 73? B. The curves shown in Line "B" will not be allowed due to maintenance problems. The line could be rerouted to discharge between two lots directly into the channel. 6. WATER LAYOUT PLAN - SHEET 12. A. Connection to water main located at the intersection of Glade Creek Drive and Centerpark Drive indicates a 6-inch main this will need to be an 8-inch main. 7. SANITARY SEWER PLAN - SHEET 13. A. Line "B" indicates several curves and one reverse curve located at Sta. 4+49.81. Please be advised that reverse curves will not be allowed in the sanitary sewer line. B. If horizontal curves are utilized then a manhole will be required at PC and PT of the proposed line and maximum spacing between manholes will be 300 feet. OTHER INFORMATION 1. PARKLAND DEDICATION FEES. Parkland dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be provided upon approval of the final plat. 2. SIDEWALKS AND TRAILS. PUD-R Ordinance 0-04-1467 requires the developer to construct a five foot sidewalk along the north side of the interior street along the common open space and a five foot sidewalk adjacent to Centerpark. These improvements are shown on the submitted construction plans for public improvements. The PUD-R ordinance requires sidewalks along each lot frontage, which must be installed when as building improvements are made to each lot. The internal sidewalks must be at least 4-feet wide. 3. FENCING AND WALLS. The PUD-R ordinance requires the developer to construct a six-foot tall screening fence along this property's frontage on Centerpark. Refer to the PUD-R ordinance for the specific construction requirements for this screening fence. 4. UNDERGROUND UTILITIES. The PUD-R ordinance for this property requires that all overhead utility wires internal to the development and adjacent to the perimeter of the development be buried underground. 5. DECORATIVE SIGNS AND LIGHT POLES. The PUD-R ordinance requires the installation of specific decorative street lights and street signs. Contact the Engineering Department staff member Robert Woods at 817-503-1090 for any specific details 6. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted 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 RESIDENTIAL uses. Details are available in Chapter 13 of the Land Development Code. $2,666 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a 1-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, February 14, 2005, 7:00 p.m. Tuesday, March 1,2005 RESUBMITT AL REQUIREMENTS The marked-up engineering construction plans and a marked-up copy of the plat is available for pickup in the Community Development Department office. Once you have completed the changes to the drawing, please submit the following to our office: · return the marked-up copies with the re-submittal · 10 folded copies of the revised Final Plat drawing · one letter-size or ledger-size reduced copy of the revised exhibit · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The revised drawings must be submitted no later than noon, Wednesday, February 9, 2005 in order to be placed on the next available Planning and Zoning Commission meeting agenda. Please contact me at lebaronb@cLcollevville.tx.us or 817-503-1052 if you have any questions. I c: DEVELOPMENT REVIEW COMMITTEE Developer correspondence Date: February 22, 2005 To: Barry Lebaron, Director of Development, AICP Planning Dept City of Colleyville 100 Main St. Colleyville, TX 76034 Re: Z-04-010 CC2 to PUD-R Cambridge Place Dear Mr. LeBaron, I have reviewed the meeting minutes from the 11/08/04 P&Z meeting and have enumerated what I understand to be the Board's questions from that meeting. If there are other questions that you think I have not addressed, please let me know. 1. Is the Communitv Gated?: The community will have no gate at the entry (east end) but will have a gate at the exit (west end). 2. Do the lots have to be 2' above the flood line?: The finished building pad elevations have been submitted and approved. The pad elevations will be added to the Final Plat. 3. Is drainaae directed south-to-north. and what happens to that water?: The drainage plan does not direct runoff south-to-north. 4. If land is reclaimed. would Lot C have to drain forward rnorthl?: No, reclaimed land would not have to drain to the north. 5. At what point in time would the 100 vear flood reach its peak staae?: The point of the peak flooding varies with each the storm, so can not be predicted without more data. 6. Would the peak occur at this propertv or downstream?: Applicant can not answer the question for the watershed, but can state that the flood level does not increase anywhere as a consequence of this development. 7. Is the open space to be used for entertainment or recreation?: The open space provides beauty, privacy, natural habitat, views, and an enhanced approach to the homes. 8. Is there a plan for the improvement of the open space?: A plan has been submitted. 9. Open space on the Plat does not add UP to 22%: what is the correct number?: The numbers on the current plans are correct, showing 22% open space. 1 O.ls there a study that explains the water flow?: The study has been submitted. 11. What percentaae of the lot is concrete?: The percentage of impervious area of the lots vary from 31.7% to 77.5%. but the entire development is well within the drainage standards used by the City. It is also significantly less impervious surface area than a commercial development on this site would require. Sincerely, Daniel Quinto Page 1 of 1 Barry LeBaron From: Daniel Quinto [danielquinto@charter.net] Sent: Monday, March 07, 2005 2:43 PM To: Barry LeBaron Subject: Cambridge Place Barry, When we presented to Council last year, we presented a petition from the neighbors in support of the development. They had signed the petition at the hearing so we did not make a copy. Do you know if the petition is in the Cambridge Place file? And if so, can we include a copy in the packets that go out to the Council? Dan 3/712005 PETITION IN SUPPORT OF CAMBRIDGE PLACE Date: June 9,2004 Re: Z-04-010 CC2 to PUD-R Cambridge Place The undersigned support the proposed development called Cambridge Place located on Centerpark Drive in ColleyviIle, Texas and the proposed zoning change from CC2 to PUD-R that is needed to permit the project to go forward. We believe this is the highest and best use of the property. Signed: i(~ 1$...Q...l (R;"z \SokJj I1:~Dq c..t-e~R. WA-1".p. (O"'ll t U,l{-Q,'00d{QI T~~ '1~()3'-t ~ It -S'1~- S3,! cj;L; ~~ ft~ ~~~j & ~.. ~ fJ/7~!lj, 713;/ ') Utm [1&0 I C(iJPA~ vi . ( '7 , J I J {".7, ' . . G R/~ Lf t t.J 6 c 5' c:. 1.. (fl(L tJ'-l/OL Cr, (Lu..'i.. -r ';J~~ ~=,".>U{.v..h .<~ :."';+LO ) 'lat?~< ,,' /! J ':Y<-~ ,Ll1J['{d/,(/~7 _ 1/60 g L Lb A L A,Jil g 12 G?I/-ell.. / I L r;-;::;: 6 / /, _. v ' rUt: -c 1?\ 7 05>'1 (/i1:/ 'i /~~ {'i~ tj6o(! (h~~ {Y- , - ( ~~ IA #J1~#.r:/(l:ff DECLARATION OF COVENANTS AND RESTRICTIONS FOR Arcadia Land Partners 30, Ltd., a Texas limited partnership to be known as the "Declarant," makes this Declaration of Easement, Covenants and Restrictions (the "Declaration") effective as of the _ day of March, 2005. WTRODUCTORYSTATEMENT A. The Declarant is developing a residential subdivision of approximately thirty-six (36) residential building lots and related facilities to create a residential community for the benefit of the Owners in the City of Colleyville, Tarrant County, Texas (the "N eie:hborhood"). B. Declarant desires to provide for the efficient preservation of the values and amenities within the Neighborhood and for the maintenance of said open spaces and other common facilities. To this end, Declarant desires to impose upon the Neighborhood the covenants, conditions, restrictions, easements, charges and liens contained in this Declaration and to create a non-profit corporation (the "Association") to which would be delegated and assigned the powers of maintaining and administering the Neighborhood and facilities in accordance with the terms of this Declaration. C. Declarant has caused or will cause the Association to be incorporated under the Non-Profit Corporation Act of the State of Texas (the "Act") to enhance community life, to enforce certain covenants and restrictions, to provide for maintenance of the community, and to allow for self-governing of the Neighborhood by its Owners. NOW, THEREFORE, Declarant hereby adopts, establishes and imposes upon the Neighborhood, and declares that the Neighborhood shall be held, transferred, sold, conveyed, mortgaged, occupied and enjoyed, subject to the following covenants, restrictions, easements, conditions, stipulations, and reservations (collectively, the "Covenants"). The Covenants are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Neighborhood. The Covenants shall run with the Neighborhood and shall be binding upon all parties having or acquiring any right, title or interest therein, or any part thereof, and shall, subject to the limitations provided in this Declaration, inure to the benefit of the Declarant, the Association, each Owner and the Owners' respective heirs, grantees, distributees, legal representatives, successors and assigns. Declaration of Covenants and Restrictions - Page 1 #2156.117 ARTICLE I DEFINITIONS The following words when used in this Declaration shall have the following meanings: "Assessments" shall mean and refer to the regular annual assessments, the special assessments and the default assessments provided in Section 4.1 hereof. "Association" shall mean the Texas nonprofit corporation, its successors and assigns, created by Declarant as provided herein. "Board" shall mean the Board of Directors of the Association. "City" shall mean the City of Colleyville, Texas. "Common Area" shall mean and refer to all real property (including easements and improvements) owned or held by the Association for the common use and enjoyment of the Owners. The Common Area to be owned by the Association at the time of conveyance of the first Dwelling Unit shall include the tracts or parcels of land described on the site plan attached hereto as Exhibit "B", together with any and all improvements constructed thereon. "Declarant" shall mean Arcadia Land Partners 30, Ltd., a Texas limited partnership, and its successors and assigns, if (a) such successor or assignee should acquire an unplatted portion of the Neighborhood from Arcadia Land Partners 30, Ltd. for the purpose of development and (b) such successor or assignee shall receive by assignment from Arcadia Land Partners 30, Ltd. all or a portion of its rights hereunder as such Declarant, by an instrument expressly assigning such rights as Declarant to such successor or assignee. "Declaration" shall mean this Declaration of Covenants and Restrictions. "Dwelline: Unit" shall mean and refer to any building or portion of a building situated upon any Lot in the Neighborhood which is designed and intended for use and occupancy as a residence by a single person, a couple, a family or a permitted family size group of persons. "Institutional Morte:ae:e" shall mean a mortgage or deed of trust creating a first lien on a Lot which is held by a third party institutional lender. "Lot" shall mean, with respect to any portions of the Neighborhood for which a subdivision map has been recorded in the map or plat records of Tarrant County, Texas, each lot shown on such recorded subdivision map which is or is to be improved with a residential dwelling. With respect to any portion of the Neighborhood owned by Declarant which have not been legally subdivided by the recordation of a subdivision map or plat, "Lot" shall mean each one of the maximum number of residential lots permitted within such Neighborhood owned by Declarant, according to the City zoning ordinances from time to time affecting such Neighborhood (each Lot defined in the Declaration of Covenants and Restrictions - Page 2 #2156.117 immediately preceding sentence and owned by Declarant is hereinafter sometimes called an "Unplatted Lot"). "Maintenance Fund" is defined in Section 4.2. "Member" shall mean and refer to each Owner as provided herein in Article II. "Neie:hborhood" shall mean the residential subdivision of approximately thirty-six (36) residential building lots and related facilities that create a residential community with residential lots, open spaces and other common facilities for the benefit of the Owners, in the City of Colleyville, Tarrant County, Texas and described on Exhibit "A" attached hereto, together with any and all improvements constructed thereon. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Lot but, notwithstanding any applicable theory of mortgages or other security devices, shall not mean or refer to any mortgagee or trustee under a mortgage or deed of trust unless and until such mortgagee or trustee has acquired title pursuant to foreclosure or any conveyance in lieu of foreclosure. Declarant shall be deemed an Owner of each Lot owned by Declarant, including without limitation, each Unplatted Lot. "Resident" shall mean and refer to each person (not otherwise an Owner or Member) authorized by an Owner to reside within such Owner's Dwelling Unit. "Supplemental Declaration" shall mean any Supplemental Declaration of Covenants and Restrictions which may be filed by Declarant as permitted herein to supplement or modifY this Declaration. "Two-Thirds Member Vote" shall mean the approval of two-thirds (2/3) of all Members (regardless of class) entitled to vote who either (i) are voting in person or by proxy at a meeting duly called for this purpose and at which the necessary quorum exists, or (ii) execute a written consent in lieu of a meeting for such purpose. "Two- Thirds Member Vote Bv Class" shall mean the approval oftwo-thirds (2/3) of each class of Members, as described in Section 2.3 hereof, entitled to vote who either (i) are voting in person or by proxy at a meeting duly called for this purpose and at which the necessary quorum exists, or (ii) execute a written consent in lieu of a meeting for such purpose. ARTICLE II MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION; ADDITIONS TO THE NEIGHBORHOOD 2.1 Membership. Each and every Owner shall automatically be and must remain a Member of the Association, subject to the terms of this Declaration, the Articles ofIncorporation and the Bylaws of the Association and the Association's rules and regulations. Membership of an Owner in the Association shall be appurtenant to and may not be separated from the interest of such Owner Declaration of Covenants and Restrictions - Page 3 #2156.117 in and to a Lot. Ownership of a Lot shall be the sole qualification for being a Member; provided, however a Member's privileges in the Common Area may be regulated or suspended as provided in this Declaration, the Bylaws of the Association and/or the Association's rules and regulations. Any person or entity that holds an interest in and to a Lot merely as security for the performance of an obligation shall not be a Member until such time as the holder or its successor acquires title to the Lot through foreclosure or conveyance in lieu thereof. 2.2 Transfer. Membership of an Owner in the Association may not be severed from or in any way transferred, pledged, mortgaged or alienated except upon the sale or assignment of said Owner's interest in a Lot and then only to the purchaser or assignee as the new Owner thereof. Such membership shall not be severed by the encumbrance by an Owner of a Lot. Any attempt to make a prohibited severance, transfer, pledge, mortgage or alienation shall be void and of no further force or effect. Owners shall notify the Association of any transfer of the fee title to a Lot. Such transfer shall automatically operate to transfer the membership to the new Owner of the transferred Lot. In the event an Owner should fail or refuse to provide written evidence oftransfer of the membership in the Association registered in such Owner's name to the transferee of such Owner's interest in a Lot, the Association shall have the right to record the transfer upon the books and records of the Association. 2.3 Classes of Membership. The Association shall have two classes of voting membership: Class A. Class A Members shall be all Members with the exception of Declarant. Class A Members shall be entitled to one vote for each Lot in which they hold the interest required for membership. When more than one person holds such interest or interests in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they, among themselves, determine, but in no event shall more than one vote be cast with respect to any such Lot. Class B. The Class B Member shall be the Declarant. The Class B Member shall be entitled to three (3) votes for each Lot owned by the Class B Member. However, at such times as the total number of Lots owned by the Class A Members equals or exceeds three (3) times the total number of Lots owned by the Class B Member, the Class B Member shall, during the time such equality or excess continues, be entitled to only one (1) vote for every Lot owned by it. Unless Additional Property is subjected to the terms of this Declaration in accordance with the provisions of Section 2.4, from and after (as subsequently amended, the "V otine: Conversion Date"), the Class B Member shall only be entitled to one (I) vote for each Lot owned by it regardless of the number of Lots owned by the Class B Member at such time. In the event Additional Property is subjected to this Declaration in accordance with Section 2.4, then the Supplemental Declaration, as hereinafter defined, annexing such Additional Property shall designate a new Voting Conversion Date, which shall be the date Declarant estimates that the Class A Members will own seventy-five percent (75%) of all Lots then subject to this Declaration, as supplemented by the Supplemental Declaration. Declaration of Covenants and Restrictions - Page 4 #2156.117 2.4 Additions to the Neighborhood. Additional tracts of land, together with the improvements situated thereon, may become subject to this Declaration and added to the Neighborhood in any of the following manners. (a) Declarant may, without the consent of any Owner and at its sole option, at any time and from time to time within twelve (12) years from the date of recordation of this Declaration, add to the Neighborhood and to the concept ofthis Declaration, all or a portion of the real estate described on Exhibit "C" attached hereto and made a part hereof for all purposes (collectively, the "Additional Pronertv"), by filing of record one or more Supplemental Declarations, which shall extend the coverage and/or concept of the covenants, conditions and restrictions of this Declaration to such additional property. Declarant hereby covenants that it will not add any ofthe Additional Property unless the City determines that such addition is in accordance with the general plan heretofore approved by them. In no event, however, shall such Supplemental Declaration modify or add to the covenants established by this Declaration for the Neighborhood existing prior to the filing of any such Supplemental Declaration unless such modifications and additions are approved by a Two-Thirds Member Vote. Declarant may subject Additional Property to the terms of this Declaration even though at the time such addition is made Declarant is not the Owner of any portion of the Neighborhood. Each Supplemental Declaration shall designate the number of separate plots or tracts comprising the Additional Property which are to constitute lots, and each such separate plot or tract shall constitute a Lot within the meaning of this Declaration. All or any part of the Additional Property and improvements located thereon owned by Declarant or any interest held by Declarant in the Neighborhood may be conveyed, transferred or assigned to the Association and designated as Common Area by the Declarant at its sole discretion and without the approval, assent or vote of the Association or of its Members; provided that any property so conveyed shall be free and clear of any and all mechanics' and materialmen's liens and that all taxes and governmental assessments against any such property which are then due and payable shall have been paid prior to the date of such conveyance. Notwithstanding any other provision hereof, nothing contained herein shall be deemed to require Declarant to add any Additional Property to the Neighborhood. Moreover, Declarant reserves the right to subject any Additional Property or any part thereof to the plan or one or more separate declarations of covenants, conditions and restriction which subjects said real property to the functions, powers and jurisdiction of an association or other entity with powers and obligations similar to the Association and which mayor may not be subject to the provisions of this Declaration. (b) The annexations of Additional Property authorized by this Declaration shall be accomplished by executing and filing of record in the Real Property Records of Tarrant County, Texas, a Supplemental Declaration or similar instrument, with respect to any Additional Property which shall extend the plan of this Declaration to such real property. Any such Supplemental Declaration contemplated above may contain such additions, deletions and/or modifications ofthe covenants, conditions, restrictions, easements, liens and Declaration of Covenants and Restrictions - Page 5 #2156.117 charges contained in this Declaration as may be necessary to reflect the different character, if any, of such Additional Property and as are substantially consistent with the plan of this Declaration. In no event, however, shall any such Supplemental Declaration, or any merger or consolidation revoke, modify or add to the covenants, conditions, restrictions, easements, liens or charges established by this Declaration, as same relate to and affect that portion of the Neighborhood previously subject to this Declaration. Further, the method of determining Assessments for the Additional Property shall not result in an Assessment substantially less than that affecting the Neighborhood unless such Additional Property and the Owners thereof do not enjoy substantially all of the benefits enjoyed by Owners of other Neighborhood previously subject to this Declaration. Any annexation, merger or consolidation made pursuant to this Declaration, when made, shall automatically extend the functions, powers and jurisdiction of the Association to the real property so added. Upon the filing of any Supplemental Declaration, each Owner of a Lot within the portion of the Additional Property added to the Neighborhood (other than Declarant) shall become a Class A Member, as herein defined, and shall become liable for Assessments as provided for herein. Declarant shall continue to be the Class B Member with the number of votes per Lot (including any new Lots added pursuant to a Supplemental Declaration) as provided for in this Article II. (c) Upon approval by a Two-Thirds Member Vote, the owner of any property who desires to add it to the concept of this Declaration and to subject it to the jurisdiction of the Association, may file of record a Supplemental Declaration as described in Paragraph (a) of this Article. Any additions made pursuant to Paragraphs (a), (b) or (c) of this Section 2.3, when made, shall automatically extend the jurisdiction, functions, duties and membership of the Association to the Neighborhood added. Upon acceptance in writing by the Association following approval by a Two-Thirds Class Member Vote, any person may convey, transfer or assign real property, improvements located thereon or an interest therein to the Association and designate the same as Common Area. (d) Declarant or the Association, upon approval by a Two-Thirds Member Vote, shall have the right and option to cause the Association to merge or consolidate with any similar association or associations. Upon a merger or consolidation ofthe Association with another association, the Neighborhood, rights and obligations of the Association, may, by operation oflaw or otherwise, be transferred to the surviving or consolidated association or, alternatively, the Neighborhood, rights and obligations of another association may, by operation of law or otherwise, be added to the Neighborhood, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consolidated association shall administer the covenants, conditions, restrictions, easements, liens and charges established by this Association within the Neighborhood, together with the Covenants established upon any other real property as one plan. Declaration of Covenants and Restrictions - Page 6 #2156.117 ARTICLE III PROPERTY RIGHTS IN THE COMMON AREA 3.1 Members' Easements ofEnioyment. Subject to the provisions of Section 3.3 ofthis Article, every Member and every Resident shall have a right and easement of use and enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every Lot; PROVIDED, HOWEVER, such easement shall not give such person the right to make alterations, additions or improvements to the Common Area. 3.2. Title to the Common Area. The Declarant shall convey the fee simple title to the Common Area to the Association, or in the case where easements constitute part of the Common Area, Declarant shall assign and transfer the beneficial interest in such easements to the Association, in each case free and clear of all encumbrances and liens other than the lien of current taxes and assessments not in default and utility easements and mineral interests outstanding and of record in Tarrant County, Texas, prior to the date of the conveyance of the first Lot to an Owner. 3.3. Extent of Members' Easement. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the Association to prescribe regulations governing the use, operation and maintenance of the Common Area (including limiting the number of guests of Members); (b) Following the approval by a Two-Thirds Member Vote by Class of Class A Members only, the right of the Association, in accordance with its Articles, to borrow money for the purpose of improving the Common Area and facilities and in aid thereof to mortgage the Common Area; (c) The right of the Association to take such steps as is reasonably necessary to protect the Common Area against foreclosure; (d) The right of the Association, as provided in its Bylaws, to suspend the voting rights of any Member and to suspend the right of any individual to use any of the Common Area for any period during which any assessment against a Lot owned by such Member or resided upon by such individual remains unpaid, and for any period not to exceed sixty (60) days for an infraction of its rules and regulations; (e) The right of the Association to charge reasonable admission and other fees for the use of recreational facilities on the Common Area; and (f) Following approval by a Two-Thirds Member Vote, the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and upon such conditions as the Board of Directors of the Association may determine. Declaration of Covenants and Restrictions - Page 7 #2156.117 ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS 4.1 Creation of the Lien and Personal Obligation for Assessments. Declarant, for each Lot owned by it within the Neighborhood, hereby covenants and agrees, and each purchaser of a Lot (by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance), for each Lot owned by any such Owner, hereby covenants and agrees and shall be deemed to covenant and agree to pay to the Association: (a) annual assessments or charges, to be paid in a lump sum or in installments as the Board of Directors of the Association may elect, (b) special assessments for capital expenditures, such assessments to be fixed, established and collected from time to time as hereinafter provided, and (c) default assessments which may be assessed against an individual Owner to reimburse the Association for extra maintenance and repair costs incurred as a result ofthe willful or negligent acts or omissions of such Owner, his family, agents, guests and invitees, such default assessments to be fixed, established and collected from time to time as hereinafter provided. The regular annual assessments, special assessments and default assessments, together with such interest thereon and costs of collection thereof as hereinafter provided (collectively "Assessments"), shall be a charge and continuing lien upon each Lot against which each such Assessment is made. Each such Assessment, together with such interest thereon and costs of collection thereof, as hereinafter provided, shall also be the continuing personal obligation of the person who was the Owner of such Lot at the time when the Assessment became due. The annual assessments shall be payable in monthly, quarterly or annual installments as determined from time to time by the Board. 4.2 Purpose of Assessments; Maintenance Fund. The Assessments levied by the Association shall be used (i) for the purposes of promoting the recreation, health, safety and welfare of the residents of the Neighborhood, and in particular for the improvement and maintenance of private roadways, jogging paths, walkways, subdivision entrance features, recreation and landscaped areas or other Neighborhood services and facilities devoted to this purpose and directly related to the use and enjoyment of the Common Area including, but not limited to, the payment of taxes on and insurance in connection with the Common Area and the repair, replacement and additions thereto; (ii) for paying the cost of labor, equipment (including the expense of leasing any equipment) and materials required for, and management and supervision of, the Common Area; (iii) for carrying out the duties of the Board of Directors ofthe Association as set forth in Article V hereafter, including, but not limited to, the payment by the Association of all assessments and charges payable in connection with sewer, water and garbage pickup services and the installation and maintenance of lighting (if any) for the Common Area; (iv) for paying the cost of maintenance of any monument sign for the Neighborhood; and (v) for carrying out the purposes of the Association as stated in its Articles of Incorporation. The Association shall establish and maintain an adequate maintenance fund (the "Maintenance Fund") for the periodic maintenance of the Common Area. The regular annual assessments, payable on the basis provided in this Article IV, collected by the Association shall constitute the Maintenance Fund for the Common Area. The Board may at any time ratably increase or decrease the assessment installment payments in accordance with this Declaration to such level as shall be reasonably necessary in the judgment of the Board to cover obligations of the Declaration of Covenants and Restrictions - Page 8 #2156.117 Association under this Declaration, including maintenance of reasonable cash reserves. The Board is obligated to maintain annual assessments at a level sufficient to enable payment of all normal and customary costs which are the Association's obligation. 4.3 Basis and Amount of Assessments. (a) Until the year beginning January 1,2006, the maximum annual assessment shall be and No/I00 Dollars ($_.00) for each Lot not owned by Declarant, and an amount equal to not more than twenty-five percent (25%) of such annual amount for each Lot owned by Declarant at the time of each such annual assessment. The Board of Directors may fix the annual assessment at any amount less than such maximum. (b) Commencing with the year beginning January 1, 2006, and each year thereafter, the Board of Directors may set the amount of the maximum annual assessment for the following year for each Lot, provided that the maximum annual assessment may not be increased more than ten percent (10%) above the maximum annual assessment for the previous year without a vote of the membership taken in accordance with the provisions of Section 4.3(c). The maximum assessment for each Lot owned by Declarant, at the time of annual assessment, shall be an amount equal to twenty-five percent (25%) of the maximum amount assessed against each Lot owned by Members other than Declarant, unless a Lot owned by Declarant is improved with a residential structure that is occupied, in which event the maximum assessment for such Lot shall be an amount equal to the maximum amount assessed against each Lot owned by other Members. Notwithstanding the preceding provisions in this Section 4.3(b ), if (i) Declarant is, at the time such annual assessment is made, entitled to three (3) votes for every Lot owned by Declarant pursuant to Section 2.3 and (ii) the maximum annual assessments payable by Owners (excluding Declarant) for such period are not sufficient to fully pay the costs and expenses of the Association for such period, Declarant shall pay such deficit as the costs and expenses creating such deficit become due and payable. (c) Provided that the Board has received approval by a Two-Thirds Member Vote By Class, the maximum annual assessment for the following year for each Lot may exceed the maximum amounts set forth in Section 4.3(a) or @ above. 4.4 Special Assessments for Capital Improvements. In addition to the annual Assessments authorized by Section 4.3 above, the Association may levy in any Assessment year a special Assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the costs of any construction or reconstruction, unexpected repair or replacement of any capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto; PROVIDED THAT any such Assessment for capital improvements shall have been approved by a Two-Thirds Member Vote By Class. 4.5 Uniform Rate of Assessment Within Classes of Members. In recognition of the fact that while Declarant is the Owner of Lots the benefit Declarant receives from such Lots will be proportionately less than other Owners, the regular annual and special Assessments for Lots owned by Declarant and on which no Dwelling Unit is constructed shall be fixed at twenty-five percent (25%) of the Assessments for all other Lots. Except as provided in this Section 4.5 and Section 4.3, Declaration of Covenants and Restrictions - Page 9 #2156.117 and until such time as Additional Property is subjected to this Declaration in accordance with Section 2.4, the regular annual and special Assessments shall be fixed at a uniform rate for all Lots. Since Additional Property subjected to this Declaration, like the Neighborhood originally covered by this Declaration, may involve common areas that disproportionately benefit the Lots within the particular development phase in which they are located, the Board may create different classes of Owners for purposes of determining Assessments, based on the Board's determination of the benefits to be received by each such class from certain Common Area. Except as provided above with respect to the Declarant, within any such class created by the Board, the Assessments shall be uniform. 4.6 Date of Commencement of Assessments; Due Date. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following conveyance of the Common Area to the Association and shall be payable in advance in monthly, quarterly or annual installments (as determined from time to time by the Board), on the first day of each such installment period. The first annual assessment shall be made for the balance of the calendar year in which it is levied. The amount of the annual assessment which may be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessments provided for in Section 4.3 as the remaining number of months in that year bear to twelve. The first annual assessment shall be due and payable in as many installments as there are installment payment dates remaining in the first year. The same pro rata reduction in the amount of the assessment shall apply to the first annual assessment levied against any Lot which is hereafter added to the Lots now subject to assessment at a time other than the beginning of any assessment period. The due date or dates, if it is to be paid in installments, of any special assessment under Section 4.4 or of any default assessment under Section 4.1, shall be fixed in the respective resolution authorizing such assessment. Notwithstanding anything contained to the contrary in this Section, it is hereby understood that the Board of Directors of the Association shall have the right to establish a payment date that is different from the payment date provided herein. 4.7 Duties of the Board with Respect to Assessments. (a) The Board shall fix the date of commencement and the amount of the Assessment against each Lot for each Assessment period at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the Lots and Assessments applicable thereto which shall be kept in the office ofthe Association and shall be open to inspection by any Owner. (b) Written notice of the Assessment shall thereupon be delivered or mailed to every Owner subject thereto. (c) The Board shall upon demand at any time furnish to any Owner liable for each Assessment a certificate in writing signed by an officer of the Association, setting forth whether such Assessment has been paid. Each such certificate shall be conclusive evidence of payment of any Assessment therein stated to have been paid. A reasonable charge may be made by the Board for the issuance of such certificates. 4.8 Effect of Non-Payment of Assessment: Personal Obligation of the Owner; Lien and Remedies of Association. Declaration of Covenants and Restrictions - Page 10 #2156.117 ( a) If any Assessment or any part thereof is not paid on the date( s) when due (being the dates specified by the Board pursuant to Section 4.7), then the unpaid amount of such Assessment shall become delinquent and shall, together with such interest thereon and the costs of collection thereof as hereinafter provided, be a continuing lien (the "Lien") on the Lot of the non-paying Owner which shall bind such Lot in the hands of the then Owner, his heirs, executors, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such Assessment, however, shall remain his personal obligation and shall not pass to his successors in title unless expressly assumed by them. Any assumption of the obligation to pay an Assessment by a successor in title shall not relieve the prior Owner of his personal obligation to pay such Assessment. The Lien for unpaid Assessments shall be unaffected by any sale or assignment of a Lot and shall continue in full force and effect. No Owner may waive or otherwise escape liability for the Assessments provided herein by non-use of the Common Area or abandonment of his Lot. (b) In furtherance ofthe Lien provided in Section 4.8(a), and to secure the full and timely payment of all Assessments and other amounts payable by each Owner hereunder, each Owner, by his acceptance of a deed or other conveyance of the Lot and regardless of whether or not such deed or other conveyance expressly contains such a provision, does hereby grant and convey unto Declarant, in trust as Trustee (the "Trustee"), for the benefit of the Association, the Lot owned by such Owner, subject to all easements and other encumbrances affecting such Lot; provided, that each such grant shall be subordinated to the lien of any mortgage or deed of trust only to the extent provided in Section 4.9; and for these purposes the provisions of this Section 4.8(b) shall be deemed to have created a deed of trust (the "Deed of Trust") covering all of the Lots with a power of sale granted to the Trustee in accordance with the provisions of Chapter 51 of the Texas Property Code (the "Code") and as it may be amended from time to time. The Deed of Trust created hereby shall be upon the same terms and conditions, and shall provide to the Association all of the rights, benefits and privileges, of the Deed of Trust promulgated by the State Bar of Texas for use by lawyers designated as Form No. 2402, and all amendments, modifications and substitutions thereof, which form is hereby incorporated by reference for all purposes hereof. The Association, acting through its president, shall have the right in its sole discretion at any time, and from time to time, to appoint in writing a substitute or successor trustee who shall succeed to all rights and responsibilities of the then acting Trustee. (c) Without limitation of the remedies available to the Association and to the other Owners upon the occurrence of a default by any Owner in the payment of any Assessment or other amount due and payable hereunder, the Association may, at its election and by and through the Trustee, sell or offer for sale the Lot owned by the defaulting Owner to the highest bidder for cash at public auction in accordance with the provisions of the Code. The Association may, at its option, accomplish such foreclosure sale in such manner as permitted or required by the Code or by any other present or subsequent laws relating to the same. After the sale of any Lot in accordance with the provisions of this Section 4.8(c), the Owner of such Lot shall be divested of any and all interests and claims thereto, and the proceeds of any such sale shall be applied in the following order of priority: (i) to the payment of the costs and expenses of taking possession of the Lot, (ii) to the payment of reasonable Trustee's fees, (iii) to the payment of costs of advertisement and sale, (iv) to the payment of all unpaid Assessments and other amounts payable by such Owner to the Association Declaration of Covenants and Restrictions - Page 11 #2156.117 hereunder, and (v) to the defaulting Owner or to any other party entitled thereto. The Association shall have the right to become the purchaser at the sale of any Lot pursuant to the Deed of Trust and shall have the right to be credited on the amount of its bid therefor all of the Assessments due and owing by the defaulting Owner to the Association as of the date of such sale. (d) If any Assessment or part thereof is not paid within thirty (30) days after the delinquency date, the unpaid amount of such Assessment shall bear interest from the date of delinquency at the maximum legal rate of interest, and the Association may, at its election, bring an action at law against the Owner personally obligated to pay the same in order to enforce payment and/or to foreclose the lien against the property subject thereto, and there shall be added to the amount of such Assessment the costs of preparing and filing the complaint (including reasonable attorneys' fees) in such action, and in the event a judgment is obtained such judgment shall include interest on the Assessment as above provided and a reasonable attorneys' fee to be fixed by the court, together with the costs of the action. 4.9 Subordination of the Lien to Mortgages. The lien securing the payment of the Assessments and other obligations provided for herein shall be superior to any and all other charges, liens or encumbrances which may hereafter in any manner arise or be imposed upon any Lot whether arising from or imposed by judgment or decree or by any agreement, contract, mortgage or other instrument, except for: (a) bona fide first mortgage or deed of trust liens for purchase money and/or home improvement purposes placed upon a Lot, including without limitation Institutional Mortgages and Eligible Mortgages, in which event the Association's lien shall automatically become subordinate and inferior to such first lien; (b) liens for taxes or other public charges as are by applicable law made superior to the Association's lien; and (c) such other liens which the Board may, in the exercise of its reasonable discretion, elect to voluntarily subordinate the Association's lien. However, such subordination shall apply only to the Assessments which have been due and payable prior to the foreclosure sale (whether public or private) of such Lot pursuant to the terms and conditions of any such first mortgage or deed of trust or tax lien. Such sale shall not relieve such Lot from liability for the amount of any Assessment thereafter becoming due nor from the Lien of any such subsequent Assessment. Such subordination shall not apply where the first mortgage or deed of trust or tax lien is used as a device, scheme or artifice to evade the obligation to pay Assessments and/or to hinder the Association in performing its functions hereunder. 4.10 Exempt Property. The following property subject to this Declaration shall be exempted from the Assessments' charges and liens created herein: (a) All portions ofthe Neighborhood dedicated to and accepted by the local public authority and devoted to public use. Declaration of Covenants and Restrictions - Page 12 #2156.117 (b) All Common Area. 4.11 Omission of Assessments. The omission of the Board, before the expiration of any year, to fix the assessments hereunder for that or the next year, shall not be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release of any Owner from the obligation to pay the assessments, or any installment thereof for that or any subsequent year, but the assessment fixed for the preceding year shall continue until a new assessment is fixed by the Board. ARTICLE V GENERAL POWERS AND DUTIES OF BOARD 5.1 Powers and Duties. (a) The Board, for the benefit of the Neighborhood and the Owners, shall provide, and shall pay for out of the Maintenance Fund or other Assessments, to the extent appropriate, the following: (i) Care, preservation and maintenance of the Common Area, including without limitation, the purchase and upkeep of any desired personal property used in connection with the maintenance of the Common Area; maintenance of grounds, including care and replacement of trees, shrubs and grass, lighting systems and any installed sprinkler systems on the Common Area; the maintenance of all entry monuments; and payment of utility usage charges and taxes, assessments and other charges properly assessed against the Common Area; PROVIDED, HOWEVER, in the event the need for maintenance or repair is caused through the willful or negligent act of any Owner, his family, or guests, or invitees, the cost of such maintenance or repairs shall be added to and become a part of the Assessment attributable to such Owner's Lot; (ii) The services of a person or firm to manage the Association or any separate portion thereof, to the extent deemed advisable by the Board, and the services of such other personnel as the Board shall determine to be necessary or proper for the operation of the Association, whether such personnel are employed directly by the Board or by the manager; (iii) Legal and accounting services; (iv) If deemed appropriate by the Board, a policy or policies of insurance insuring the Association and the Board against any liability to the public or to the Owners (and/or invitees, guests or tenants), incident to the operation of the Association, in an amount not less than $1,000,000 combined single limit coverage; which policy or policies shall contain an endorsement providing that the rights of the named insureds shall not be prejudiced with respect to actions against other named insureds; (v) Workers' compensation insurance to the extent necessary to comply with any applicable laws; Declaration of Covenants and Restrictions - Page 13 #2156.117 (vi) Such fidelity bonds as the Board may determine to be advisable; and (vii) Any other materials, supplies, insurance, furniture, labor, services, maintenance, repairs, taxes or assessments (including taxes or assessments assessed against an individual Owner) which the Board is required to obtain or pay for pursuant to the terms of this Declaration or by law or which in its opinion shall be necessary or proper for the operation or protection of the Association or for the enforcement of this Declaration. (b) The Board shall have the following additional rights, powers and duties: (i) To execute all replats of the Neighborhood and to execute all declarations of ownership for tax assessment purposes with regard to the Common Area on behalf of all Owners; (ii) To borrow funds to pay costs of operation, secured by assignment or pledge of rights against delinquent Owners, if the Board sees fit; (iii) To enter into contracts, maintain one or more bank accounts (granting authority as the Board shall desire to one or more persons to sign checks), and, generally, to have all the powers necessary or incidental to the operation and manage of the Association; (iv) To protect or defend the Common Area from loss or damage by suit or otherwise, and to provide adequate reserves for replacements; (v) To make reasonable rules and regulations for the maintenance and protection of the Common Area, and to amend them from time to time, provided that any rule or regulation may be amended or repealed by an instrument in writing signed by a majority of the Members, or, with respect to a rule applicable to less than all ofthe Neighborhood, by the Members owning Lots in the portions affected; (vi) To make available to each Owner, upon written request within sixty days after the end of each year, an annual report; (vii) To adjust the amount, collect, and use any insurance proceeds to repair damage or replace lost property, and if proceeds are insufficient to repair damage or replace lost property, to assess the Members in proportionate amounts to cover the deficiency; and (viii) To enforce the provisions of this Declaration and any rules made hereunder and to enjoin and seek damages from any Owner for violation of such provision or rules. 5.2 Board Powers, Exclusive. The Board shall have the exclusive right to contract for all goods, services, and insurance, payment for which is to be made from the Maintenance Fund or other Assessments and the exclusive right and obligation to perform the functions of the Board, except as otherwise provided herein. Declaration of Covenants and Restrictions - Page 14 #2156.117 ARTICLE VI EASEMENTS 6.1 Easement Reserved for the Association. Full rights of ingress and egress shall be had by the Association at all times over and upon each Lot and the Neighborhood for the carrying out by the Association of its rights, functions, duties and obligations hereunder; provided, that any such entry by the Association upon any Lot shall be made with as minimum inconvenience to the Owner as practical, and any damage caused thereby shall be repaired by the Association at the expense of the Maintenance Fund. 6.2 Rights Reserved to Municipal Authorities and Utility Companies. Full rights of ingress and egress shall be had by the Declarant, any municipal authority having j urisdiction over the Neighborhood, and any utility company which provides utilities to the Neighborhood, at all times over any dedicated easement for the installation, operation, maintenance, repair or removal of any utility, together with the right to remove any obstruction that may be placed in such easement that would constitute interference with the use of such easement, or with the use, maintenance, operation or installation of such utility. All claims for damages (other than those resulting from gross negligence or willful misconduct) arising out ofthe construction, maintenance and repair of utilities or on account of temporary or other inconvenience caused thereby against the Declarant, any utility company or municipality, or any of their respective agents or servants are hereby waived by each Owner and the Association. 6.3 Easements for Encroachment. There shall be reciprocal appurtenant easements for encroachment as between each Lot and such portion or portions of the Common Area adjacent thereto or as between adjacent Lots due to the unintentional placement or settling or shifting of the improvements constructed, reconstructed, or altered thereon (in accordance with the terms of this Declaration) to a distance of not more than two (2) feet, as measured from any point on the common boundary between each Lot and the adjacent portion of the Common Area or as between adjacent Lots, as the case may be, along a line perpendicular to such boundary at such point; provided, however, in no event shall an easement for encroachment exist if such encroachment occurred due to willful conduct on the part of an Owner, Resident, tenant, or the Association. ARTICLE VII PROTECTIVE COVENANTS 7.1 Residential Purpose Only. Each Lot and Dwelling Unit shall be used exclusively for single-family residential purposes only. No building or structure intended for or adapted to business purposes, and no apartment house, double house, lodging house, rooming house, hospital, sanatorium or doctor's office, or other multiple-family dwelling shall be erected, placed, permitted or maintained on any Lot, or on any part thereof. No improvement or structure whatever, other than a private Dwelling Unit, patio walls, swimming pool, and customary outbuildings, garage or guest house may be erected, placed or maintained on any Lot. All parking spaces shall be used exclusively for the parking of passenger automobiles. Declaration of Covenants and Restrictions - Page 15 #2156.117 7.2 Rubbish, Etc. No Lot shall be used in whole or in part for the storage of rubbish of any character whatsoever, nor for the storage of any property or thing that will cause such Lot to appear in an unclean or untidy condition or that will be obnoxious to the eye; nor shall any substance, thing or material be kept upon any Lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of the surrounding property. No weeds, underbrush or other unsightly growths shall be permitted to grow or remain upon the Lot, and no refuse pile or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. 7.3 Animals. No animals, reptiles, livestock, poultry or birds of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets may be kept in reasonable numbers, provided that they are not kept, bred or maintained for any commercial purpose. Horses, reptiles, ponies, goats, sheep, hogs, pigs, monkeys, chickens, ducks, peacocks, pigeons, and Guinea fowl shall not be deemed as household pets and are expressly prohibited. Notwithstanding the foregoing, however, no individual dogs or other animals deemed by the Board in its sole discretion to be dangerous to persons or other animals shall be raised, bred or kept on any Lot. 7.4 Development Activity. Notwithstanding any other provision herein, Declarant and its successors and assigns shall be entitled to conduct on the Neighborhood all activities normally associated with and convenient to the development of the Neighborhood and the construction and sale of Lots within the Neighborhood. 7.5 Signs and Picketing. No sign or emblem of any kind may be kept or placed upon any Lot or mounted, painted or attached to any Dwelling Unit, fence or other improvement upon such Lot so as to be visible from public view except the following: (a) For Sale Signs. An Owner may erect one (1) sign on his Lot, not exceeding 2' x 3' in area, fastened only to a stake in the ground and extending not more than three (3) feet above the surface of such Lot advertising the property for sale. (b) Declarant's Signs. Declarant may erect and maintain a sign or signs deemed reasonable and necessary for the construction, development, operation, promotion and sale of the Lots. (c) Builders' Signs. Any Dwelling Unit builder may utilize one professional sign (of not more than five (5) square feet in size) per Lot for advertising and sales promotion of such Dwelling Unit. (d) Political Signs. Political signs may be erected upon a Lot by the Owner of such Lot advocating the election of one or more political candidates or the sponsorship or a political party, issue or proposal, provided that such signs shall not be erected more than ninety (90) days in advance of the election to which they pertain and shall be removed within fifteen (15) days after such election. Declaration of Covenants and Restrictions - Page 16 #2156.117 7.6 Commercial or Institutional Use. Without the prior written consent of the Association, no Lot, and no building erected or maintained on any Lot, shall be used for manufacturing, industrial, business, commercial, institutional or other non-residential purposes. 7.7 Building Standards; Masonry Exteriors. No building shall be erected or maintained on any Lot unless it complies with all applicable governmental requirements, including any applicable building codes and ordinances. At least fifty percent (50%) of the surface area of all Dwelling Unit exterior elevations shall be constructed of brick, natural or cultured stone, or similar masonry products. Architectural formed concrete treatments around windows and doorways shall constitute an approved "masonry product" for purposes of determining whether the fifty percent (50%) requirement in the preceding sentence has been satisfied. 7.8 Detached Buildings. No detached accessory buildings, including, but not limited to, detached garages and storage buildings, shall be erected, placed or constructed upon any Lot without the prior consent of the Association. 7.9 Fences. All Lots on which a Dwelling Unit is constructed must have rear and side yard fencing installed and maintained. No fence or wall of any kind shall be erected, maintained, or altered on any Lot without the prior written approval of the Association of plans and specifications for such fences and walls. No fence shall be constructed in violation of any applicable ordinances, laws, rules, regulations, or the provisions of the Plat. General guidelines for fences shall include: (1) no woven metal or chain link fences will be allowed except as approved by the Association as small area pet enclosure (i.e. dog run), such pet enclosures to be screened by privacy fencing from direct view from the street; (2) have wooden or steel poles or posts; (3) minimum six (6) feet and a maximum eight (8) feet above grade in height; (4) have slats at least % inch thick and measuring between three and one-half (3 112) inches and six (6) inches wide, which are installed vertically only (not horizontally or diagonally); (5) be installed with the smooth surface side facing the street ("good-side-out") on side Lot lines of all corner Lots, such that no vertical fence posts or horizontal supports are visible from the street on the side of such corner Lots; and (6) other than with a neutral (clear) stain, shall not be painted or stained on any surface which is visible from the ground level of any street or adjoining Lot. Vinyl fencing shall not be permitted except as approved in advance by the Association. The provisions of this Section 7.9 shall not be applicable to the construction or erection of any fence, wall or hedge on the Common Area. 7.10 Trash Receptacles and Collection. All trash receptacles shall be screened by fences or shrubbery so as not to be generally visible by the public, unless otherwise approved by the Association in writing. Each and every Owner shall observe and comply with any and all regulations or requirements promulgated by the City and/or the Association, in connection with the storage and removal of trash and garbage. All Lots shall at all times be kept in a healthful, sanitary and attractive condition. No Lot shall be used or maintained as a dumping ground for garbage, trash, junk or other waste matter. All trash, garbage, or waste matter shall be kept in adequate containers which shall be constructed of metal, plastic or masonry materials, with tightly-fitting lids, and which shall be Declaration of Covenants and Restrictions - Page 17 #2156.117 maintained in a clean and sanitary condition. No Lot shall be used for open storage of any materials whatsoever, except that new building materials used in the construction of improvements erected on any Lot may be placed upon such Lot at the time construction is commenced and may be maintained thereon for a reasonable time, so long as the construction progresses without unreasonable delay, until completion ofthe improvements, after which these materials shall either be removed from the Lot, or stored in a suitable enclosure on the Lot. No garbage, trash, debris, or other waste matter of any kind shall be burned on any Lot. 7.11 Utilities. (a) Dwelling Units shall be connected to the water and sewer lines as soon as practicable after same are available at the Lot line. No privy, cesspool or septic tank shall be placed or maintained upon or in any Lot. The installation and use of any propane, butane, LP Gas or other gas tank, bottle or cylinder of any type, shall require the prior written approval of the Association. (b) All telephone, electric, cable or other service lines shall be installed underground and shall meet all requirements ofthe City. (c) A general utility plan for the construction and installation of all utility and other services, including, but not limited to, water, sanitary sewer, storm sewer, electric, telephone, cable and gas services must be submitted to the Association for approval prior to installation. 7.12 Paint. All painted improvements and other painted structures on each Lot shall be repainted by the Owner thereof at his sole cost and expense as often as is reasonably necessary to ensure the attractiveness and aesthetic quality of such Lot or Dwelling Unit. However, the approval of the Association shall not be required for such repainting so long as neither the color scheme nor the arrangement of the colors of any improvements, nor the color of any paint thereon is altered. ARTICLE VIII MAINTENANCE OF LOTS AND DWELLING UNITS BY OWNERS 8.1 Duty of Maintenance. The Owner of each Lot shall, at his sole cost and expense, keep his Lot and Dwelling Unit in a well-maintained, safe, clean and attractive condition at all times. Such maintenance includes, but is not limited to, the following: (a) Prompt removal of all litter, trash, refuse and waste; (b) Mowing grass on a regular basis; (c) Tree and shrub pruning; (d) Adequately watering landscaped areas; (e) Keeping exterior lighting and maintenance facilities in working order; Declaration of Covenants and Restrictions - Page 18 #2156.117 (f) Keeping lawn, garden and landscaped areas alive, free of weeds, and attractive; (g) Keeping parking areas, driveways and roads in good repair; (h) Complying with all government health and police requirements; (i) Repair of exterior damages to improvements; and G) Cleaning of abutting waterways and landscaped areas lying between public right-of-way lines and the Owner's Lot unless such streets, waterways or landscaped areas are expressly designated to be Common Area maintained by applicable governmental authorities or the Association. 8.2 Enforcement. If, in the opinion ofthe Association, any Owner has failed in any ofthe foregoing duties or responsibilities, then the Association may give such Owner written notice of such failure and such Owner must within ten (10) days after receiving such notice, perform the care or make arrangements with the Association for making the repairs and maintenance required. Should any such Owner fail to fulfill this duty and responsibility within such period, then the Association, through its authorized agent or agents, shall have the right and power to enter onto the premises and perform such care and maintenance without any liability for damages for wrongful entry, trespass or otherwise to any person. The Owner of any Lot on which such work is performed shall be liable for the cost of such work (such costs constituting a default assessment as specified in Section 4.1 hereof) and shall promptly reimburse the Association for such cost. If such Owner shall fail to reimburse the Association within thirty (30) days after receipt of a statement for such work from the Association, the said indebtedness shall be a debt of said Owner, and shall constitute a lien against the Lot on which said work was performed. Such lien shall have the same attributes as the lien for Assessments as set forth in this Declaration, and the Association shall have identical powers and rights in all respects, including but not limited to the right of foreclosure. ARTICLE IX GENERAL PROVISIONS 9.1 Power of Attorney. Each and every Owner and Member hereby makes, constitutes and appoints the Declarant as his/her true and lawful attorney-in-fact, coupled with an interest and irrevocable, for him/her and in his/her name, place and stead and for his/her use and benefit, to do the following; PROVIDED, HOWEVER, to the extent this Declaration requires the consent or approval of a certain number of the Members as a condition to such action, such consent or approval has been obtained: (a) to exercise, do or perform any act, right, power, duty or obligation whatsoever in connection with, arising out of, or relating to any matter whatsoever involving this Declaration and the Neighborhood; Declaration of Covenants and Restrictions - Page 19 #2156.117 (b) to sign, execute, acknowledge, deliver and record any and all instruments which modifY, amend, change, enlarge, contract or abandon the terms within this Declaration, or any part hereof, with such clause(s), recital(s), covenant(s), agreement(s) and restriction(s) as Declarant shall deem necessary, proper and expedient under the circumstances and conditions as may be then existing; and (c) to sign, execute, acknowledge, deliver and record any and all instruments which modify, amend, change, enlarge, contract or abandon the subdivision plates) of the Neighborhood, or any part thereof, with any easements and rights-of-way to be therein contained as the Declarant shall deem necessary, proper and expedient under the conditions as may then be existing. The rights, powers and authority of said attorney-in-fact to exercise any and all of the rights and powers herein granted shall commence and be in full force upon recordation of this Declaration in the Real Property Records of Tarrant County, Texas and shall remain in full force and effect thereafter until all Lots owned by Declarant have been sold and conveyed by Declarant to Class A Members. 9.2 Duration. This Declaration shall run with and bind the land subject to this Declaration, and shall inure to the benefit of and be enforceable by the Association and/or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for an original fifty (50) year term expiring on the fiftieth (50th) anniversary ofthe date of recordation of this Declaration, after which time this Declaration shall be automatically extended for successive periods of ten (10) years unless an instrument is signed by the Owners of at least fifty-one percent (51%) of all Lots within the Neighborhood and recorded in the Deed Records of Tarrant County, Texas, which contains and sets forth an agreement to abolish this Declaration; provided, however, no such agreement (where approved by less than seventy-five percent (75%) ofthe Owners of all Lots within the Neighborhood) to abolish shall be effective unless made and recorded one (1) year in advance of the effective date of such abolishment. 9.3 Amendments. This Declaration is expressly subject to change, modification and/or deletion by means of amendment at any time and from time to time as provided herein. This Declaration may be amended and/or changed in part as follows: (a) In response to any governmental or quasi-governmental suggestion, guideline, checklist, requisite or requirement, particularly with respect to those entities or agencies directly or indirectly involved in, or having an impact on, mortgage financing, mortgage insurance and/or reinsurance, the Declarant shall have the complete and unrestricted right and privilege to amend, change, revise, modifY or delete portions of this Declaration, and each and every Owner and Member specifically and affirmatively authorizes and empowers the Declarant, utilizing the attorney-in-fact status set forth in Section 9.1 above, to undertake, complete and consummate any and all such amendments, changes, revisions, modifications or deletions as the Declarant (in their sole and absolute discretion) shall deem reasonable and appropriate; (b) In accordance with Section 2.4 hereof; and Declaration of Covenants and Restrictions - Page 20 #2156.117 (c) With the written consent of a Two-Thirds Members Vote By Class. Any and all amendments shall be recorded in the Real Property Records of Tarrant County, Texas. 9.4 Enforcement. Each Owner of each Lot shall be deemed, and held responsible and liable for the acts, conduct and omission of each and every Resident, Member, guest and invitee affiliated with such Lot, and such liability and responsibility of each Owner shall be joint and several with their Resident(s), Member(s), guests and invitees. The lien created hereby on each Lot shall extend to, cover and secure the proper payment and performance by each and every Resident, Member, guest and invitee affiliated with each Owner. Unless otherwise prohibited or modified by law, all parents shall be liable for any and all personal injuries and property damage proximately caused by the conduct of their children (under the age of 18 years) within the Neighborhood to the same extent as if the parent was directly responsible for the action of their child. Enforcement of this Declaration may be initiated by any proceeding at law or in equity against any person or persons violating or attempting to violate them, whether the relief sought is an injunction or recovery of damages, or both, or enforcement of any lien created by this Declaration, but failure by the Association or any Owner to enforce any Covenant herein contained shall in no event be deemed a waiver of the right to do so thereafter. The Association, each Owner and the City are each specifically authorized (but not obligated) to enforce this Declaration. With respect to any litigation hereunder, the prevailing party shall be entitled to recover all costs and expenses, including reasonable attorneys' fees, from the non-prevailing party. 9.5 Validity. Violation of or failure to comply with this Declaration shall not affect the validity of any mortgage, bona fide lien or other similar security instrument which may then be existing on any Lot. Invalidation of anyone or more of the provisions of this Declaration, or any portions thereof, by a judgment or court order shall not affect any of the other provisions or cove- nants herein contained, which shall remain in full force and effect. In the event any portion of this Declaration conflicts with mandatory provisions of any ordinance or regulation promulgated by the City (including, without limitation, the Comprehensive Zoning Ordinance), then such municipal requirement shall control. 9.6 Headings. The headings contained in this Declaration are for reference purposes only and shall not in any way affect the meaning or interpretation of this Declaration. Words of any gender used herein shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa, unless the context requires otherwise. Examples, illustrations, scenarios and hypothetical situations mentioned herein shall not constitute an exclusive, exhaustive or limiting list of what can or cannot be done. 9.7 Registration with the Association. Each and every Owner, Member and Resident shall have an affirmative duty and obligation to originally provide, and thereafter revise and update, within fifteen (15) days after a material change has occurred, the following information: (a) the full name and address of each Owner, Member and Resident, (b) the business address, occupation and telephone numbers of each Resident; (c) the description and license plate number of each automobile owned or used by a Resident and brought within the Neighborhood; and (d) such other information as may be reasonably requested from time to time by the Association. In the event any Owner,Declaration of Covenants and Restrictions - Page 21 #2156.117 Member or Resident fails, neglects or refuses to so provide, revise and update such information, then the Association may, but is not required to, use whatever means it deems reasonable and appropriate to obtain such information and the offending Owner, Member and Resident shall become automatically jointly and severally liable to promptly reimburse the Association for all reasonable costs and expenses incurred in so doing. 9.8 Notices to Resident/Member/Owner. Any notice required to be given to any Resident, Member or Owner under the provisions of this Declaration shall be deemed to have been properly delivered when (i) deposited in the United States Mail, postage prepaid, addressed to the last known address of the person who appears as the Resident, Member or Owner on the records of the Association at the time of such mailing, or (ii) delivered by hand or by messenger to the last known address of such person within the Neighborhood. 9.9 Notices to Mortgagees. The holder(s) of a mortgage may be furnished with written notification from the Association of any default by the respective mortgagor/Member/Owner in the performance of such mortgagor'slMember's/Owner's obligation( s) as established by this Declaration, provided that the Association has been theretofore furnished, in writing, with the correct name and address of such mortgage holder( s) and a request to receive such notification and a reasonable supply of self-addressed, stamped envelopes. 9.10 Disputes. Matters of dispute or disagreement between Owners, Residents or Members with respect to interpretation or application of the provisions of this Declaration or the Association Bylaws, shall be determined by the Board. These determinations (absent arbitrary and capricious conduct or gross negligence) shall be final and binding upon all Owners, Residents and Members. 9.11 Indemnification and Hold Harmless. The Association shall indemnifY every officer and director against any and all expenses, including counsel fees reasonably incurred by or imposed upon any officer or director in connection with any action, suit, or other proceeding (including settlement of any suit or proceeding, if approved by the then Board) to which he or she may be a party by reason of being, or having been, an officer or director. The officers and directors shall not be liable for any mistake of judgment, negligent or otherwise, except for their own individual willful misconduct, fraud or bad faith. The officers and directors shall have no personal liability with respect to any contract or other commitment made by them, in good faith, on behalf of the Association, and the Association shall indemnifY and forever hold each such officer and director free and harmless against any and all liability to others on account of any such contract or commitment. Any right to indemnification provided for in this Declaration shall not be exclusive of any other rights to which any officer or director, or former officer or director, may be entitled. The Association shall, as a common expense, maintain adequate general liability and officers' and directors' liability insurance to fund the indemnification obligations identified in this Section. 9.12 Insurance. (a) At all times during the term of this Declaration, the Association, its successors and assigns, shall be required to keep all improvements located on the Common Area fully insured by a Declaration of Covenants and Restrictions - Page 22 #2156.117 reputable insurance company authorized to transact business in the State of Texas with (i) fire, vandalism, malicious mischief and extended coverage insurance in an amount adequate to cover the cost or replacement of such improvements in the event of loss of any and/or all of such improvements, fixtures and contents thereof; and (ii) public liability insurance in such amounts as shall be determined by the Board as appropriate for the Common Area. (b) Immediately after the damage or destruction by fire or other casualty to all or any portion of any improvement covered by insurance written in the name of the Association, the Board of its duly authorized agent shall proceed with the filing and adjustment of all claims arising under such insurance and obtain reliable and detailed estimates of the cost of repair or reconstruction of the damaged or destroyed property. Repair or reconstruction, as used in this paragraph, means repairing or restoring the property to substantially the same condition and location that existed prior to the fire or other casualty. (c) Any damage or destruction shall be repaired or reconstructed unless, within sixty (60) days after the casualty, at least a Two-Thirds Member Vote agree otherwise. If for any reason either the amount of the insurance proceeds to be paid as a result of such damage or destruction, or reliable and detailed estimates of the cost of repair or reconstruction, or both, are not made available to the Association within such period, then such 60-day period shall be extended until such information shall be made available; provided, however, such extension shall not exceed one hundred and twenty (120) days. No Eligible Mortgagee shall have the right to participate in the determination of whether damage or destruction shall be repaired or reconstructed. (d) If the damage or destruction for which the insurance proceeds are paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the cost thereof, the Board shall, without the necessity of a vote of the Association's Members, levy a Special Assessment. Additional Assessments may be made in like manner at any time during or following the completion of any repair or reconstruction. If the funds available from insurance exceed the costs of repair or reconstruction or if the improvements are not repaired or reconstructed, such excess shall be deposited for the benefit of the Association. (e) In the event that it should be determined by the Association in the manner described above that the damage or destruction shall not be repaired or reconstructed and no alternative improvements are authorized, then in that event the property shall be restored to its natural state and maintained in an undeveloped, neat and attractive condition. (f) The deductible for any casualty insurance policy carried by the Association shall, in the event of damage or destruction, be paid by the Association, subject to the Association's right to seek reimbursement from the persons who may be responsible for the damage or destruction of the Common Area. Executed and delivered as of the date first above written. DECLARANT: Declaration of Covenants and Restrictions - Page 23 #2156.117 ARCADIA LAND PARTNERS 30, LTD., a Texas limited partnership By: Arcadia Realty Corp., a Texas corporation its general partner By: THE STATE OF TEXAS John Hodge, President COUNTY OF TARRANT This instrument was acknowledged before me on the _ day of , 2005, by John Hodge, the President of Arcadia Realty Corp., a Texas corporation, General Partner of ARCADIA LAND PARTNERS 30, LTD., a Texas limited partnership, on behalf of such limited partnership. My Commission Expires: Notary Public in and for the State of Texas Printed Name Declaration of Covenants and Restrictions - Page 24 #2156.117 EXHIBIT" A " LEGAL DESCRIPTION OF THE NEIGHBORHOOD Declaration of Covenants and Restrictions - Page 25 #2156.117 EXHIBIT "B" LEGAL DESCRIPTION OF THE COMMON AREA The Declaration 26 #2156.117 EXHIBIT "e" LEGAL DESCRIPTION OF OTHER PROPERTY WHICH MAY BECOME NEIGHBORHOOD By SUPPLEMENTAL DECLARATION The Declaration 27 #2156.117 RESOLUTION R-05-2525 A RESOLUTION APPROVING THE FINAL PLAT OF CAMBRIDGE PLACE ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the final plat of Cambridge Place Addition is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2005. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL ~~'" AGENDA BRIEFING "Tl..~x::\$ MEETING DATE: ITEM#: RESOLUTION # : 03/15/05 8 R-05-2526 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW ! Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Request for a deferral of perimeter street improvement requirements on Pine Hill Estates, located at 6304 L. D. Lockett Road, Case P-05-006 Reading and Public Hearing Dean DeCavitte, the developer of the proposed five lot subdivision located on Tinker Road known as Pine Hill Estates, has submitted a request for a deferral of the perimeter street improvement costs for up to 120 days (Option 1). Approval of the deferral request by the City Council is required to defer these costs, which are typically due prior to filing the final plat documents in the Tarrant County deed records. The estimated amount of the deferral is $55,474, after applying the roadway impact fee credits on the four vacant lots created by this plat. One of the lots contains an existing residence and the new home that will be constructed on this lot in the future is exempt from the roadway impact fee. The developer has also submitted a final plat of the property for review and consideration by the City Council, which is a separate agenda item from this request. The property has 400.15 feet of frontage on Tinker Road and 400.00 feet of frontage on Hardage Lane. Tinker Road is considered an unimproved street and the developer is required to construct one-half of the unimproved street adjacent to this property, or provide an equivalent amount of cash escrow for future improvement by the City. No additional street improvements are required for Hardage Lane since the street meets current standards, except for sidewalk improvements, which will be constructed as new homes are built on each lot. As an alternate proposal (Option 2), the developer is requesting the deferral be allocated to each of the five lots on an equal basis and the applicable amount of the perimeter street costs would be collected at time of building permit issuance. The following table shows the pertinent data relative to this request. STREET Perimeter Street Improvement Cost Estimate FRONTAGE TOTAL ESTIMATE ACTUAL COST PER LINEAR FOOT $ 154.52 400.15 feet $ 61,830.00 $ 6,356.00) $ 55,474.00 Tinker Road Credit for im Total Due Agenda Briefing Resolution R-05-2526 Page 2 of 2 The cost estimate listed in the table is based on the City's costs to construct similar types of roadways. The estimate includes both construction costs, such as street paving and sidewalks, and engineering design costs. The total estimate also includes a credit of $6,356 for the roadway impact fees that will be collected on the four new vacant lots created by this subdivision plat. For roadways on the Master Thoroughfare Plan, the City cannot collect both perimeter street escrows and roadway impact fees. This credit applies to the Tinker Road improvement costs. The City Council's options in this case are the following: 1. Approve the Option 1 deferral as requested - This action would defer the payment of the perimeter street improvement costs for this property for 120 days from the approval of the Resolution, unless another time period is specified by the City Council. Staff recommends the Resolution also include language to prohibit the issuance of building permits on any of the five lots until the perimeter street improvement costs have been paid in full. 2. Approve the Option 2 deferral as requested - This action would distribute the perimeter street improvement costs ($55,474) equally among the five lots and defer payment of $11,094.80 per lot until such time as a building permit is issued for each lot. 3. Denv the deferral request - The developer would be required to escrow the entire amount of $55,474 with the City before the final plat could be filed in the Tarrant County deed records. Recommendation Denial, due to technical non-compliance with the Land Development Code Attachments · Copy of Plat · Letter from Owner · Perimeter Street Fee Estimate · Resolution R-05-2526 ~.tt..:_ ~r.-" Copy of Plat -- "'WoO?'" -- 'tCL~~f.L" 1r.lI."-' -h.,r Ull'1aGC1lt ~~ "". ...... --....- ------- ----~~.!_~----- t::.:a'lrMd (II&:"rtI.~ ~ 1trtt.-&1 ,Q"lW. eM ru-I1. m ~~ CM.tAm.41O ~ January 27, 2005 City of Colleyville - City Council 100 Main Street Colleyville, TX 76034 RE: Pine Hill Estates, Lots 1-5, Block 1 Perimeter Street Improvements Per the City of Colleyville Ordinance, Perimeter Street Improvements are to be assessed on this five lot project, Pine Hill Estates. I would appreciate your consideration of the following timelines regarding payment of these perimeter fees and request your approval of one of the two proposals outlined below. Proposal 1: Since Tinker Road is not currently scheduled for improvements in the near future, the perimeter street improvement fees would be deferred until 90 to 120 days prior to the execution of such improvements, at which time the fees would be paid out in full. Proposal 2: The perimeter street improvement fees would be allocated to each of the five lots, and 1/5 of the total fee would be paid at the time a building permit is issued for each of the five lots. Respectfully, Dean DeCavitte DeCavitte Properties CC: Barry LeBaron, Mayor Hocutt '- 0 +J U Q) 0 0 '- 0 - c ~ Q) Q) ~ ~ 0 .... U N "'C L() ~ ..,. ro T"" 0 0 0 a::: 0 () CI) '- ..,. .E:l .... Q) 0 ,....., ctl .!: Q) ~ .S ~ c ~ F ~ '0 (.) c:: c:: Q) C'O 0 Q) .... (.) u.. 0'0 ...... Q) ...... 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I- ...i iii ... - .g 0 iii I- - 0 I- RESOLUTION R-05-2526 A RESOLUTION APPROVING A DEFERRAL OF PERIMETER STREET IMPROVEMENT REQUIREMENTS FOR PINE HILL ESTATES ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the perimeter street improvement requirements for Pine Hill Estates Addition, located at 1209 Tinker Road, in the amount of $55,474 after applying roadway impact fee credits for four lots in the amount of $6,356, for the 400.15 feet of frontage on Tinker Road, are hereby deferred for a period of one hundred and twenty (120) days, provided that no building permits shall be issued until said perimeter street improvement costs are paid in full. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2005. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL CC@m", AGENDA BRIEFING TL~:X~~ MEETING DATE: 03/15/05 CITY MANAGER ITEM # : 9 DEPARTMENT HEAD RESOLUTION # : R-05-2527 FINANCE REVIEW DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Approval of Endorsing certain legislative changes to S.B. 7 supported by Cities Aggregation Power Project, Inc. (CAPP) Previous Action: None Reading and Public Hearing The City of Colleyville is a member of the Cities Aggregation Power Project, Inc. (CAPP), which together with the South Texas Aggregation Project (STAP), is one of the largest electric aggregation groups in Texas. With a combined total of more than 120 member cities, representing 13,000 municipal electric accounts, these groups are in a unique position to identify problems that have developed in the deregulated marketplace. As a result, the CAPP Board of Directors voted to authorize certain legislative efforts to ensure that the Texas retail electric market is a truly competitive market with low prices throughout Texas. CAPP is supporting the following changes to the deregulation statute (S.B. 7) to better protect cities' budgets, enhance cities' ability to protect their citizens, and increase competition among retail providers: . Require that the Electric Reliability Council of Texas (ERCOT) function as one zone or limit the ownership and control of generation within functional markets (ERCOT zones) and require further Commission action to mitigate market control. . Authorize citizen aggregation projects that will permit cities and towns with populations less than 40,000, to aggregate the load of all of their residents that have not specifically asked to be excluded from the aggregation project. . Tie escalation of electric franchise fee amounts to the Consumer Price Index by permitting municipalities to annually adjust franchise fee amounts by one-half of the annual change to the consumer price index, mirroring a provision already in law for telecommunications franchise fees. . Oppose any cost allocation system of nodal pricing costs that would directly assign congestion costs in a manner that is detrimental to economic development. If nodal pricing is instituted, congestion costs should be spread to the entire ERCOT service area rather than increasing electric costs for customers in certain regions of Texas. --,--~_.__._._-"..... Agenda Briefing Resolution R-05-2527 Page 2 of 2 CAPP will capitalize on the presence its members established during the last legislative session and the recent Public Utility Commission Sunset process to apprise legislators of CAPP Cities' perspective on electric issues and to recommend legislative action. On the Senate side, Senator Ken Armbrister has already filed all four bills as endorsed and drafted by CAPP: SB 759 (citizen aggregation), SB 761 (nodal pricing), SB 763 (franchise fees) and SB 764 (market power). On the House side, Representative Phil King, Chairman of the Regulated Industries Committee, has agreed to carry the franchise fee bill. He has also encouraged committee member Representative Robert Cook to carry the citizen aggregation bill with the commitment that the bill will be rolled into the Committee's omnibus bill. Financial Impact None Recommendation Approval Attachments . Resolution R-05-2527 RESOLUTION R-05-2527 A RESOLUTION ENDORSING CERTAIN LEGISLATIVE CHANGES TO S.B. 7 SUPPORTED BY CITIES AGGREGATION POWER PROJECT, INC. WHEREAS, the City of Colleyville, Texas (City) has historically been active in the process of regulation of electric utilities; and WHEREAS, the City is a member of Cities Aggregation Power Project, Inc. (CAPP) and, as such, made a decision to join with more than 78 other cities to switch its municipal electric accounts from its incumbent provider to a retail electric provider; and WHEREAS, CAPP's experience with the deregulated market and contracts with several different retail electric providers has indicated that the Texas electric retail market has failed to develop into a truly competitive market as envisioned by Senate Bill 7 (S.B. 7), in part, because congestion zones within the Electric Reliability Council of Texas (ERCOT) market have allowed certain market players to control enough generation capacity, within a given zone, to exercise market power to the detriment of customers and non-affiliated retail electric providers; and WHEREAS, retail electric price competition has not successfully reached residential customers in Texas communities with populations less than 40,000; and WHEREAS, the formula established by S.B. 7, to determine the amount to be paid to cities for electric franchise fees, is based upon information from 1998 and fails to account for any increases to keep up with inflation, impacting municipalities' revenue and budgets; and WHEREAS, the Public Utility Commission of Texas is considering implementing a nodal market design in ERCOT that would, as currently contemplated, directly assign congestion costs in a manner that will create winners and losers among geographic areas of the state and harm economic development in areas receiving congestion cost surcharges; and WHEREAS, the City endorses efforts proposed by CAPP to modify the electric deregulation legislation to improve competition, implement the original intent of S.B. 7 and reduce costs to the City and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following legislative reforms endorsed by CAPP to limit market power, prevent cost shifting between geographic areas of the state, create effective citizen aggregation and permit annual adjustments to municipal franchise fees be supported by the City: Resolution R-05-2527 Page 2 of 2 · Require that ERCOT function as one zone or limit the ownership and control of generation within functional markets (ERCOT zones) and require further Commission action to mitigate market control (SB 764). · Authorize citizen aggregation projects that will permit cities and towns with populations less than 40,000, to aggregate the load of all of their residents that have not specifically asked to be excluded from the aggregation project. Changing citizen aggregation from "opt-in" to "opt-out" will enhance the opportunities for rural residential customers to benefit from deregulation and benefit the entire state by increasing competition (SB 759). · Tie escalation of electric franchise fee amounts to the Consumer Price Index by permitting municipalities to annually adjust franchise fee amounts by one-half of the annual change to the consumer price index, mirroring a provision already in law for telecommunications franchise fees (SB 763). · Oppose any cost allocation system of nodal pricing costs that would directly assign congestion costs in a manner that is detrimental to economic development. CAPP and STAP question whether ERCOT is capable of handling the massive operational change that creating a nodal market would require, and whether the projected benefits are worth the approximately $500 million up-front costs to implement. However, if nodal pricing is instituted then congestion costs should be spread to the entire ERCOT service area rather than increasing electric costs for customers in certain regions of Texas (SB 761). Sec. 2. THAT a copy of the resolution shall be sent to the elected lawmakers representing the City's interests in the Texas House and Senate and to the Chairman and legal counsel of CAPPo AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND 2005. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL CC~'" AGENDA BRIEFING Il"x,,$ MEETING DATE: 03/15/05 CITY MANAGER ITEM # : 10 DEPARTMENT HEAD RESOLUTION # : R-05-2528 FINANCE REVIEW Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Approval of the Settlement Agreement with TXU Transmission and Distribution Company (TXU) Reading and Public Hearing In July 2004, the Steering Committee of Cities served by TXU, of which the City of Colleyville is a member, voted unanimously to pursue an inquiry into the reasonableness of TXU's transmission and distribution (T&D) rates set by the Public Utility Commission (PUC) in 2001. Since a number of significant changes had occurred since the rates were approved, including large reductions in TXU's costs and expenses, it was the Steering Committee's belief that TXU's existing T&D rates were excessive. Twenty member cities passed a model resolution authorizing the rate review and the City of Colleyville passed Resolution R-04-2441, in support of these efforts. After several months of discussion, the Steering Committee agreed to a Settlement Agreement with TXU on February 22, 2005. As part of the Agreement, the Steering Committee will postpone the statewide rate proceedings and TXU will file a statewide rate case on or before July 1, 2006. In exchange for the delay, TXU will also propose to the PUC rate design changes that should significantly reduce electric charges to customers, as well as: · Provide a cash payment of $8.5 million to the Steering Committee, following notice that member cities have approved the Settlement Agreement by letter or resolution. The payment will be distributed to member cities by: (1) providing an amount equivalent to 25% of the total street lighting revenues collected by TXU in 2004; (2) holding back $100,000 for the Steering Committee; and (3) distributing the residual based on a per capita factor. In addition, TXU will make a payment of $8 million in 2006 and a final payment of $8 million in 2007, pro rata to the point of a final rate order from the PUC. · Work with the Steering Committee to improve the timeliness of streetlight maintenance, and the coordination and timing of construction concerning relocations of TXU's facilities in public right of way. · Negotiate a tariff with the Steering Committee that permits Cities to request undergrounding of new or existing distribution facilities and ensures full cost recovery by TXU through a surcharge in the requesting city. · Reimburse the Steering Committee for expenses incurred in TXU's next rate case up to $2 million. Because the current TXU franchise does not provide for the reimbursement Agenda Briefing Resolution R-05-2528 Page 2 of 2 of rate case expenses, absent of this provision, the Steering Committee would have had to assess member cities to raise a comparable amount of money. In addition to the benefits listed above, which will have a significant impact on cities and residents, the Steering Committee believes that accepting the Agreement allows it to focus resources and efforts on the legislative agenda initiated by the Cities Aggregation Power Project, Inc. (CAPP) for the 79th Legislative Session. This agenda, and the four bills drafted and supported by CAPP, also have the potential to benefit cities and residents far more than the benefits that were to be expected from the rate review. Financial Impact The City of Colleyville's share of the $8.5 million cash payment from TXU in 2005 IS $25,929.08. Recommendation Approval Attachments . Resolution R-04-2441 . Settlement Agreement . Distribution of Settlement Proceeds . Resolution R-04-2528 RESOLUTION R-04-2441 SUPPORTING THE REVIEW COMMENCED BY THE STEERING COMMITTEE OF CITIES SERVED BY TXU TO DETERMINE THE JUST AND REASONABLE RATES TO BE CHARGED BY TXU ELECTRIC DELIVERY COMPANY WHEREAS, the City of Colleyville is a member of the Steering Committee of Cities Served By TXU; and WHEREAS, the Steering Committee of Cities Served by TXU has unanimously recommended that cities pass a resolution that requires TXU to show cause why its transmission and distribution rates should not be reduced; and WHEREAS, the following Steering Committee member Cities: Arlington, Benbrook, Brownwood, Burleson, Carrollton, Corinth, Dallas, Denison, Fort Worth, Harker Heights, Heath, Honey Grove, pantego, Piano, Richland Hills, Robinson, Rockwall, Snyder, Sulphur Springs, The Colony, and Woodway have already passed resolutions requiring TXU to show cause and file information to justify TXU's current transmission and distribution rates; and WHEREAS, the public hearings regarding TXU's current transmission and distribution rates are scheduled to take place in January, 2005, and city decisions regarding TXU's rates are expected to be appealed to the Public Utility Commission in February, 2005; and WHEREAS, any reduction in TXU transmission and distribution rates will be applicable throughout TXU's service area, including the City of Colleyville; and WHEREAS, any reduction in TXU transmission and distribution rates has the potential to increase competitive access for customers served by TXU, including the City of Colleyville; and WHEREAS, the City of Colleyville has reason to believe that TXU is overearning and its rates are excessive; and WHEREAS, the City of Colleyville desires to support the efforts of the cities that have initiated show cause investigations of TXU's transmission and distribution rates that will benefit all TXU customers. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: THAT the City of Colleyville endorses the investigation of TXU's transmission and distribution rates currently undertaken by certain Steering Committee Cities to determine if TXU's rates are excessive and to set a just and reasonable transmission and distribution rate. Sec. 1. THAT it is hereby officially found and determined that the meeting at which this resolution was passed was open to the public as required by law, and that public notice of the time, place, and purpose of said meeting was given all as required by Section 551.041 , Texas Government Code. Sec. 2. AND IT IS SO RESOLVED. PASSED BY A VOTE OF l' ABSTENTIONS ON THIS THE ~w, A~YA~ Cynthia Singleton City Secretary AYES, ~NAYS AND DAY o~. &..v 2004. C F OL E o SETTLEMENT AGREEMENT This Settlement Agreement ("Agreement") is made and entered into between TXU Electric Delivery Company ("Electric Delivery") and the Steering Committee of Cities Served by TXU Electric Delivery Company on behalf of all cities listed on Exhibit A to this Agreement ("Cities"), hereinafter referred to jointly herein as "Signatories." WHEREAS, the city councils of 23 cities who are members of Cities passed resolutions in 2004 requiring Electric Delivery to file with those cities information that demonstrates good cause for showing that Electric Delivery's transmission and distribution rates should not be reduced (hereinafter referred to as "Show Cause Actions"); WHEREAS, other cities who are members of Cities are contemplating initiating similar Show Cause Actions against Electric Delivery; WHEREAS, Cities and Electric Delivery desire to resolve all outstanding issues related to the existing and potential Show Cause Actions and other regulatory issues; and WHEREAS, after extensive negotiations, Cities and Electric Delivery have reached a compromise and settlement to resolve those issues. NOW, THEREFORE, the Signatories, through their undersigned representatives, hereby agree to the following: 1. Electric Delivery agrees to propose and support in its next system-wide rate case or city rate inquiry one or more municipal rates, each without a demand ratchet, that together will cover all municipal accounts, including a street lighting rate and municipal pumping rate that will be lower than they othelWise would be. Cities agree to provide to Electric Delivery any information needed to design the rates described in this paragraph. 2. Electric Delivery agrees to file a system-wide rate case at the Public Utility Commission of Texas ("PUC") no later than July 1, 2006, based on a test year ending December 31, 2005 unless Cities and Electric Delivery mutually agree that such a filing is unnecessary. For those cities that do not have a City Council meeting in July, 2006, Electric Delivery will extend its effective date to accomplish suspension by August 31, 2006. However, if Electric Delivery files a system-wide rate case at the PUC on or before June 1, 2006, then Electric Delivery will not extend its effective date. 3. Cities agree that Electric Delivery is not required to respond to any pending Show Cause Action initiated by any city listed on Exhibit A to this Agreement prior to July 1, 2006. Cities further agree to abate or dismiss all pending Show Cause Actions, not to pursue any abated Show Cause Actions, and not to initiate similar actions before July 1, 2006, provided the provisions of this Settlement Agreement are honored. Cities agree not to intervene in, or participate in any manner in, any show cause action initiated at the PUC or in any other jurisdiction prior to the proceeding described in paragraph 2, or in any appeals of such show cause actionS, except as necessary to protect the tariff or tariff-efforts associated with paragraph 1 or to protect the city or its residents from being prejudiced in any show cause action pending on appeal at the PUc. If Cities intervene in a show cause action pending on appeal at the PUC, then Cities agree not to take any position in that proceeding that is inconsistent with its obligations under this Settlement Agreement. 4. In consideration for Cities' obligations under this Agreement, Electric Delivery agrees to make a cash payment of$8.5 million to Cities by the later of March 31, 2005 or two weeks after receiving notice from Cities that (1) all cities listed on Exhibit B to this Settlement Agreement have abated or dismissed show cause actions pending against Electric Delivery, and (2) each city on Exhibit C to this Settlement Agreement has passed a resolution ratifiying this Settlement Agreement or provided to Cities a letter in substantially the same form as Exhibit D to this Settlement Agreement that has been signed by an authorized representative of the city. Starting March 31, 2006, and each March 31s1 thereafter, Electric Delivery will make an annual cash payment of $8 million to Cities. Electric Delivery's obligation to make this payment ceases on the date upon which Cities fail to comply with their obligations under this Agreement or the date upon which the tariffs approved in Electric Delivery's next system-wide rate case at the PUC or in a city rate inquiry become effective on a temporary or permanent basis ("Termination Date"); provided, however, in the year the new tariffs become effective, the annual payment shall be prorated until the Termination Date. 5. Electric Delivery agrees to w'.'rk with Cities to improve the timeliness of streetlight maintenance and to develop a proces..; so that every city-owned and Electric Delivery-owned street light is assigned an identifiable geographic location. Signatories agree to establish a task force of senior employees that will develop, by June 30, 2005, the process and planned rollout for the street light assigmnent project. Electric Delivery also agrees to provide to Cities a specific contact person (or persons) within Electric Delivery who will be responsible for handling all unresolved Cities' requests with respect to streetlights, including, but not limited to, billing, maintenance, installation, removal, and account initiation and closure. Signatories agree to diligently pursue resolution of the issues discussed in this paragraph; however, failure to reach an agreement with respect to these issues will not constitute a breach of this Settlement Agreement by either Cities or Electric Delivery. 6. Electric Delivery agrees to work with Cities to establish improved communication, coordination, and timing of construction concerning relocations of Electric Delivery's facilities in public right of way. Signatories agree to establish a task force of senior employees that will develop, by June 30, 2005, the process and planned rollout of an improved relocation process. Signatories agree to diligently pursue resolution of the issues discussed in this paragraph; however, failure to reach an agreement with respect to these issues will not constitute a breach of this Settlement Agreement by either Cities or Electric Delivery. 7. Electric Delivery agrees to discuss with Cities the payment of franchise fees on a quarterly basis regardless of whether the basis for a quarterly payment is historic or prospective and the standardization of a franchise renewal process that permits transition from a prospective basis to a historic basis where the franchise is up for renewal. Signatories agree to diligently pursue discussion of the issues discussed in this paragraph; however, failure to reach a resolution 2 of these issues will not constitute a breach of this Settlement Agreement by either Cities or Electric Delivery. 8. Electric Delivery agrees to negotiate with Cities, and Cities agree to approve, a tariff that permits Cities to request undergrounding of new or existing distribution facilities. The tariff shall ensure full cost recovery by Electric Delivery through a surcharge in the requesting city in the event that no third party is required by Electric Delivery's tariff, or applicable city ordinance, to pay for undergrounding costs. That tariff will also allow Cities to request undergrounding of transmission lines to the extent Electric Delivery determines that (a) such undergrounding is feasible, (b) such undergrounding is consistent with the PUC's Substantive Rules and ERCOT's requirements, and (c) Electric Delivery can recover the costs of such undergrounding through a surcharge in the requesting city. Electric Delivery will not be obligated to file the tariff for city approval until after the expiration of the Price to Beat or the modification of the Price to Beat in a manner that allows pass through of tariff charges to the ultimate consumer. 9. Electric Delivery agrees to provide quarterly updates to representatives designated by Cities and their consultants concerning Electric Delivery's capital expenditure projects and affiliate transactions, the creation and regulatory treatment of a Pension and Health Benefits Reserve for Electric Delivery, possible workable parameters for performance based rates for Electric Delivery, and other topics as agreed upon by the Signatories. Electric Delivery will work with Cities to provide information requested by Cities concerning those topics. 10. Electric Delivery shall pay up to $10,000 per month in regulatory expenses directly to Cities' consultants, after receipt of appropriate documentation and invoices, provided said expenses may be deferred for recovery. Cities agree to support recovery of such costs in Electric Delivery's next rate case. Should recovery be denied by the PUC, then the payments will immediately cease. 11. Electric Delivery agrees to work with Cities to establish better communications between the Cities and Electric Delivery with respect to access to city meters for monthly reading. Each city shall provide in writing, by March 31,2005, a contact person for inaccessible meters for city accounts, and shall promptly notify Electric Delivery of any change in the contact person. In months where a meter reader is unable to gain access to the premises to read the meter on regular meter reading trips, or in months when meters are not read, Electric Delivery agrees to provide the customer with a postcard and request the customer to read the meter and return the card to Electric Delivery. If the postcard is not received by EleCtric Delivery in time for billing, Electric Delivery may estimate the meter reading and issue a bill. Electric Delivery agrees that all municipal meters will be read at least once every three months by it or by the respective city. The failure of a city to designate a contact person for inaccessible meters affects only that city and does not adversely impact any other city or mitigate responsibilities and benefits otherwise inherent to this Agreement. 12. Electric Delivery agrees to reimburse Cities for the expenses incurred related to the Shuw Cause Actions in an amount not to exceed $100,000 after receipt of appropriate documentatiun and invoices, and Cities agree that those costs can be deferred for recovery in its next rate case and agree to support deferral and recovery in that case. Notwithstanding any provisiuns 10 3 existing applicable franchise agreements to the contrary, Electric Delivery agrees to reimburse Cities for reasonable and necessary expenses incurred in Electric Delivery's next rate case in an amount not to exceed $2,000,000. The rate case expense reimbursements will be made monthly, beginning with the first month after the consultants are hired. Cities further agree not to contest the recovery of Cities' rate case expenses and Electric Delivery's reasonable and necessary rate case expenses in Electric Delivery's next rate case. Electric Delivery further agrees to pay, and Cities agrees to accept, $150,000 in settlement of all previously disputed regulatory expenses. Electric Delivery will not seek reimbursement of that $150,000 amount in Electric Delivery's rates. 13. Electric Delivery agrees that, in franchise negotiations, it will not seek to extend the prohibition on reimbursement of municipal rate case expenses beyond June 2008. 14. Electric Delivery agrees that if the 2005 Texas Legislature considers the implementation of a nodal pricing system in ERCOT, then Electric Delivery will provide information to the Legislature concerning the importance of a vibrant electric transmission system and the benefits of the expansion of transmission facilities in helpingto reduce congestion costs. 15. Signatories acknowledge that Electric Deli'!ery intends to offer certain terms of this Settlement Agreement to cities seIVed by Electric Delivery that are not listed on Exhibit A ("Negotiations"). Electric Delivery agrees that all cities listed on Exhibit A are entitled to Most Favored Nations protection during those Negotiations and that any benefits that Electri~ Delivery agrees to provide to any city during those Negotiations that are not already included in this Settlement Agreement will be offered to all cities listed on Exhibit A. Cities acknowledge and agree that to receive any additional benefits from Electric Delivery, additional consideration from Cities to Electric Delivery may be required. 16. The Signatories agree that the amounts paid by Electric Delivery to Cities pursuant to paragraphs 4, 10, and 12 of this Agreement are paid solely in consideration for Cities' abatement or dismissal of, and forbearance from filing or pursuing, Show Cause Actions against Electric Delivery and Cities' agreement to abide by the terms of this Agreement, and to reimburse Cities' expenses associated with the Show Cause Actions and other regulatory proceedings. To the extent that the amounts paid may be in excess of Cities' expenses, the excess is paid solely in order to settle the matters that are the subject of this Agreement. Signatories recognize and agree that the payments specified in this Agreement are not a rate reduction, refund, rebate, discount, preference or privilege of any kind for services provided by Electric Delivery or any of its affiliates or predecessors in interest under any tariff, whether in the past, now, or in the future. As such, the provision of electric delivery service to Cities by Electric Delivery or any affiliate or predecessor has been and will continue to be governed solely by the rates, terms, and conditions of the applicable tariffs. 17. Cities agree that for a ten-day period following the date this Settlement Agreement is executed, neither Cities nor the cities listed on Exhibit A will make any public statements or take any public action concerning the existence of a settlement or the terms of the Settlement Agreement. 4 18. This Agreement shall become effective only upon the execution of this Agreement and the entry of resolutions or orders abating or dismissing the Show Cause Actions. 19. Each person executing this Agreement represents that he or she is authorized to sign this Agreement on behalf of the party represented. 20. The Signatories expressly acknowledge and agree that oral and written statements made by any party or its representative during the course of the settlement negotiations that led to this Agreement cannot be used or portrayed as an admission or concession of any sort and shall not be admissible as evidence in any proceeding in any forum. Executed on this the '2- '], day of February, 2005, by the Signatories hereto, by and through their undersigned duly authorized representatives, TXU Electric Delivery Company Steering Committee of Cities Served by TXU Electric Delivery Company on behalf of aU cities listed on Exhibit A to this Agreement ~/7dJ'/ 5 Exhibit A City of Addison City of Allen City of Alvarado City of Andrews City of Archer City City of Arlington City of Belton City of Benbrook City of Big Spring City of Breckenridge City of Bridgeport City of Brownwood City of Buffalo City of Burkburnett City of Burleson City of Caddo Mills City of Cameron City of Canton City of Carrollton City of Celina City of Centerville City of Cleburne City of Colleyville City of CollinsviJ Ie City of Comanche City of Corinth City of Crowley City of Dallas City ofDalworthington Gardens City of DeLeon City of Denison City of Early City of Eastland City of Edgecliff Village City of Euless City of Farmers Branch City of Flower Mound City of Forest Hill City of Fort Worth City of Frisco City of Frost City of Glenn Heights City of Grand Prairie City of Granger City of Grapevine City of Gunter City of Harker Heights City of Heath City of Henrietta City of Hewitt City of Highland Park City of Honey Grove City of Howe City of Hurst City of Hutto City of Irving City of Jolly City of Josephine City of Justin City of Kaufman City of Keller City of Kerens City of Lakeside City of Lamesa City of Lindale City of Little River Academy City of Luella City of Malakoff City of Mansfield City of McKinney City of Midland City of Milford City of Murphy City of Murchison City of New Chapel Hill City of North Richland Hills City of O'Donnell City of Oak Leaf City of Oak Point City of Odessa City of Ovilla City of Palestine City of Pant ego City of Paris City of PIano City of Ranger City of Rhome City of Richardson City of Richland Hills City of Roanoke City of Robinson City of Rockwall City of Rosser City of Rowlett City of Sherman City of Snyder City of Southlake City of Sulphur Springs City of Sunnyvale City of Sweetwater City of Temple City of The Colony City of Tyler City of University Park City of Venus City of Waco City ofWatauga City of White Settlement City of Wichita Falls City of Wood way Exhibit B City of Arlington City of Benbrook City of Brownwood City of Burleson City of Can-ollton City of Dallas City of Dalworthington Gardens City of Denison City ofFt. Worth City of Harker Heights City of Heath City of Pantego City of PIano City of Richland Hills City of Robinson City of Rockwall City of Snyder City of Sulphur Springs City of The Colony City of W oodway Exhibit C City of Addison City of Allen City of Andrews City of Archer City City of Belton City of Big Spring City of Breckenridge City of Bridgeport City of Burkburnett City of Celina City of Clebume City of Colleyville City of DeLeon City of Early City of Eastland City ofEuless City of Farmers Branch City of Flower Mound City of Forest Hill City of Frisco City of Glenn Heights City of Grand Prairie City of Grapevine City of Henrietta City of Highland Park City of Howe City of Hurst City of Irving City of Keller City of Lakeside City of Lamesa City of Lindale City of Little River Academy City of Mansfield City of McKinney City of Midland City of Murphy City of North Richland Hills City of Oak Point City of O'Donnell City of Odessa City of Palestine City of Paris City of Richardson City of Roanoke City of Rowlett City of Sherman City of Southlake City of Sunnyvale City of Sweetwater City of Temple City of Tyler City of University Park City of Waco City ofWatauga City of White Settlement City of Wichita Falls EXHIBIT D March _, 2005 Mr. Geoffrey Gay Lloyd Gosselink Blevins Rochelle Baldwin & Townsend, P.C. 111 Congress Avenue, Suite 1800 Austin, Texas 78701 Re: Settlement Agreement between Steering Committee of Cities Served by TXU Electric Delivery and TXU Electric Delivery Company Dear Mr. Gay: I hereby acknowledge that the Steering Committee of Cities Served by TXU Electric Delivery has the authority to act on behalf of the City of in the negotiation and execution of a settlement agreement with TXU Electric Delivery Company, dated February 22, 2005. 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5...JQ.. ~Jg'ti)2 (/) 0 ~E ca:E g ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ 5 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g 8 8 <3 ~ ~ ~ ~ ~ & & ~ ~ & ~ ~ ---- - - o 0 0 0 0 000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 000 0 0 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ uu u u u u u u uu u uu u uuu u u u u u u u u u uuuuuu uu u u u u u u uuu u uu VI ~~ u ~ (;; .~;o ~ ~ C 03: m Q) Q) (l) I I I I ~ ~ III > Q. 0 -g " jg ~ Q) ~ g ~ I I I ~ ~ ~ ~ L;) fit ~ ~ :2 ~ ro fR fR ~ <D ~ ~ ~ ~ ffi to ffi ffi :2 r:: ~ ~ ~ ~ ~ r:::: ~ ~ ~ ro ~ &3 ~ ~ ~ ~ ~ ~ ~ m b:: RESOLUTION R-05-2528 A RESOLUTION ACCEPTING SETTLEMENT WITH TXU ELECTRIC DELIVERY WHEREAS, the City of Colleyville, Texas, is a member of the Steering Committee of Cities served by TXU (Steering Committee); and WHEREAS, the Steering Committee did encourage certain member cities to initiate show cause rate proceedings against TXU and the City of Colleyville passed Resolution R-04-2441 supporting these efforts; and WHEREAS, Electric Delivery and the Steering Committee engaged in settlement discussions regarding abatement of any full-scale rate investigation and interim relief that may be available to Cities; and WHEREAS, it remains impractical, if not impossible, to deliver rate relief to the vast majority of residential customers until the expiration of price to beat (PTB) on January 1, 2007; and WHEREAS, the unfair and adverse impacts of street lighting and water pumping tariffs that Cities have experienced since the implementation of retail deregulation on January 1, 2002, can be addressed on an interim basis pending a final order in a future rate case through a financial distribution from the Steering Committee of funds received from Electric Delivery as part of a Settlement; and WHEREAS, the coupling of interim relief with the Steering Committee's recognition that resources should be devoted to the 2005 Legislative Session to promote overall enhancements in electric retail competition for the benefit of all end-users; and WHEREAS, the Steering Committee and Electric Delivery have entered into a Settlement Agreement pending approval by the 20 Cities that passed show-cause resolutions and ratification by other member cities with original jurisdiction; and WHEREAS, Electric Delivery has agreed to improve communication, coordination and timing of construction in rights of way, permit development of a tariff that will allow city mandated underground placement of distribution facilities, modify certain franchise renewal negotiation positions and improve meter reading on certain city accounts that are estimated; and WHEREAS, Electric Delivery has committed to the Steering Committee, during the period of rate case abatement, to share information on certain company operations and procedures that should enhance the Cities' ability to appropriately exercise regulatory responsibilities in the rate proceeding that Electric Delivery has agreed to file on or before July 1, 2006; and Resolution R-05-2528 Page 2 of 2 WHEREAS, that Agreement calls for immediate and long-term benefits to flow to all city members of the Steering Committee, which in turn, have indirect but positive benefit to all city residents and public safety in general. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. The Settlement Agreement between the Cities' Steering Committee and TXU Electric Delivery is hereby ratified. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND 2005. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor cc.'" Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - February 14, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Thomas Dolan, Dave Dudziak, Thomas Bartkowski, Luann Edwards, John Blassingame, Denis Duffy and Jeff Byerly were present. Barry LeBaron, Chris Fuller, Amy Shelley, Robert Woods and Jeff Jones from staff were present. INVOCATION The invocation was given by Commissioner Byerly. PLEDGE OF ALLEGIANCE Commissioner Byerly introduced and welcomed Chris Fuller, the new Development Coordinator for the City of Colleyville to the Commissioners. APPROVAL OF MINUTES Commissioner Edwards recommended to staff to add more information to paragraph two on page one of the January 24, 2005 meeting minutes to reflect additional information provided on the usage of the drainage map. Commissioner Edwards moved to approve the minutes of the January 24, 2005 meeting with the amendments. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-05-004 - Final plat for Cambridge Place Addition, 9.181 acres on Lot 4R, Block 1, Centerpark Addition located south of Centerpark Drive, east of Colleyville Boulevard Planning & Zoning Commission Minutes - Februray 14, 2005 Page 1 of 10 are not speakinQ into the mic,). Commissioner Duffy stated at the November 8, 2004, meeting a question was asked about, while you will not increase the numbers of the 100 year flood, what is your increase flow affect to the downstream property owners? Commissioner Duffy stated wanting to know so that city does not become liable for the increase in water to those properties down stream. Mr. Rankin responded the city ordinance allows the release of water into detention. (At this point. can not take notes due to not beinQ able to hear. The applicants are not speakinQ into the mic,) Mr. Rankin stated we have only increased the water by a slightly greater number than a single family home would create, run off will be slightly higher, not much. It has been our understanding that working with staff, because this project is so close to the flood way, this water run off will be out of the way of the new water coming downstream, therefore no threat of flooding will be created down stream. Barry LeBaron stated the 100 year flood plain lines have been established by FEMA with a fully developed basin. Barry LeBaron concurred with having met with staff, Robert Woods and Keith Fisher, this water would be out of the way before the water upstream came down, therefore not requiring detention. Commissioner Edwards stated understanding this not affecting the area in the flood plain; she is concerned about the flooding down stream because of already having inadequate bridges and areas already prone to flooding. Commissioner Dudziak questioned staff about the lots along the south side; will all of those lots drain to the creek? If so, wouldn't that area behind those lots be considered a drainage easement? Barry LeBaron responded area is already a flood plain. Commissioner Dudziak questioned whether or not that open space would be considered open space or a drainage easement? Barry LeBaron responded, a drainage easement on this particular project. Mr. Rankin stated the easement ends at the open space lot and city staff can determine needing a drainage easement on the open space lots. Commissioner Dudziak questioned if the drainage area is calculated in the open space percentage? Mr. Rankin stated this is what was agreed upon during the PUD zoning. Commissioner Dudziak stated at this point nothing has been agreed upon. Barry LeBaron stated this plat is consistent with the preliminary plat and the zoning exhibit that was included in the zoning process to show the lot configuration, there are no inconsistencies. Commissioner Dudziak stated the PUD does not allow open space to be used as a drainage easement. Barry LeBaron responded the ordinance that establishes this PUD does allow for open space to be used for drainage. Commissioner Duffy questioned applicant about lot 16, is there enough room to build a house on that lot even with the drainage easement? Mr. Rankin stated there is enough room to build a house on that lot because of the space in front. Commissioner Edwards questioned if any improvements are being planned for the open space? Mr. Dan Quinto, 602 Northwood Trail, Southlake, the developer, Planning & Zoning Commission Minutes - Februray 14, 2005 Page 3 of 10 responded a landscape plan is included in your packet. Commissioner Edwards questioned if landscaping is all that is planned? Mr. Quinto responded correct. Commissioner Edwards questioned if benches would be used? Mr. Quinto responded no, no benches. Commissioner Dudziak questioned if the trees along the easement are all new plantings? Mr. Quinto replied they are not new trees, they are existing trees. Commissioner Dudziak questioned who will maintain or mow the area behind the fence? Mr. Quinto stated the strip between rear fence and trees would be mowed by the Homeowner's Association. Commissioner Dudziak questioned staff about sidewalks? Barry LeBaron responded there would be a five foot sidewalk along Centerpark and the homebuilders will be responsible to build a five foot along the inner street on each lot. Commissioner Edwards stated the ordinance does not require the south side interior street to have sidewalks. Commissioner Dudziak concurred with Commissioner Edwards, yet in the Development Review Committee letter, it states they are not required. Barry LeBaron stated the PUD ordinance requires sidewalks along each lot and the home builder will build it. Commissioner Edwards questioned staff that since this plat was passed by City Council, the Commission will have to approve? Barry LeBaron replied you may deny or table, but this request will still be in front of you in two weeks. Commissioner Blassingame questioned staff if the developer has addressed all comments necessary to approve this plat? Barry LeBaron stated you may approve this plat with the understanding to the developer that these issues or items will need to be addressed before approval. Commissioner Byerly stated the Commission could table this item and push it back two weeks. Barry LeBaron suggested tabling this request until additional information is received, or deny the request. Commissioner Edwards questioned staff they could deny? Barry LeBaron replied yes, but it will be back in two weeks. Commissioner Edwards stated tabling would not really help in two weeks; the applicant has, technically, met all requirements. Commissioner Byerly stated with having some inconsistencies, to table would not be out of line of the Commission. Commissioner Duffy replied the developer has not read the November 8, 2004 minutes and didn't address our questions to satisfy all issues. Mr. Quinto stated apologies to Commissioners for not having all issues addressed. He thought they were resolved on all issues and will have these items corrected. Commissioner Dolan stated to staff, in the Land Development Code, open space is for leisure and recreational purposes to be used by all residents. The open space in this project is not usable by the people purchasing these lots. Mr. Quinto stated the Planning & Zoning Commission Minutes - Februray 14, 2005 Page 4 of 10 open spaces are to add beauty to the development. It is not the intent to have open parks, only natural areas. Commissioner Duffy questioned the applicant the price of the proposed home? Mr. Quinto replied $450,000. These homes would be the same kind that is in the Riverwalk project, patio homes. Commissioner Duffy questioned if there are any demographics. Mr. Quinto stated in the 23 homes, there is one adult child, and the average age is over 50. Commissioner Edwards stated to applicant that age and children are not something that can be controlled. Mr. Quinto replied correct right. They can not control age and children but these houses are not structured for families. These homes are predominantly two - three bedrooms and living areas are predominating, there are no play rooms. They will accommodate the leisure lifestyle. Commissioner Edwards questioned if they will be handicap accessible? Mr. Quinto replied, yes they could be modified. Commissioner Edwards questioned if there will be spec homes or individual homes built? Mr. Quinto responded individual lots will be purchased. Commissioner Dudziak stated some park benches would be nice. Mr. Quinto stated we can add some if necessary. He wanted to do a gazebo, but some builders stated it would never be used. He stated not having any preference, but if the Commission feels it is important, he can do so. He is only going by what the people, who are selling the homes, are stating. Commissioner Byerly stated having compassion about open space, this open space meets the requirements and it is what we have allowed in the past. Commissioner Byerly moved to table Case P-05-004. Commissioner Bartkowski seconded. The motion was tabled by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 2. Case P-OS-OOS - PUBLIC HEARING - Replat of Lot 1, Block 1, Cooper Addition and Tract 4E1A of Abstract 295 of the William Crook Survey Barry LeBaron presented the case and briefed the Commission. Commissioner Edwards questioned if the Right of Way (ROW) on John McCain was tied to the west side of the street? Barry LeBaron responded that the ROW is taken from somewhat the center of the street. Commissioner Edwards questioned staff if they know where the new street will be? Barry LeBaron responded Mr. Draper has dedicated his half of a 75 ROW, which would be about 37 % feet and his frontage varies. Commissioner Edwards questioned staff if a 16 foot utility easement is required? Barry LeBaron responded, normally a 7 % foot utility easement is needed but for a lot this deep, staff suggested a 16 foot utility easement, in order to have enough room to bring in proper equipment to do repairs or work. Commissioner Byerly opened the public hearing at 7:58 pm. Planning & Zoning Commission Minutes - Februray 14, 2005 Page 5 of 10 There being no one wishing to speak, the public hearing was closed at 7:58 pm. Commissioner Duffy moved to approve Case P-05-005. Commissioner Dolan seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 3. Case Z-05-004 - PUBLIC HEARING - Zoning change from R20 to PUD-R on 1.898 acres of Abstract 1176, Tracts 1A3, 1A3A & 1A3B of the J.J. Newton Survey located at 5612 Bransford Road Barry LeBaron presented the case and briefed the Commission. Commissioner Bartkowski questioned staff if the turning radius on the cul-de-sac meets the requirements for fire access? Barry LeBaron responded not with the pavement section, however, the Fire Marshal is available to answer those types of questions. Jeff Jones, Fire Marshal, stated needing a 100 foot clear turning radius on the outside and a 35 foot inside, this does not meet those requirements. The apparatus requires an additional overhead 14 foot clearance. The developer stated wanting to preserve those trees, yet in doing so, there would not be enough clearance to get through those two back lots. Commissioner Duffy questioned Fire Marshal how would equipment get down to those lots? Jeff Jones responded having to park on Bransford road to access those lots. Commissioner Duffy stated because it is a 180 foot drive, the fire department would really have to pump the truck to get water down there, correct? Jeff Jones replied correct and not only to provide fire protection, but also access for an emergency vehicle and access would still require the same overhead clearance. Commissioner Byerly questioned staff the differences between private street and public street requirements? Barry LeBaron replied the street would have to be built to city standards. Commissioner Byerly questioned if in the Master Plan, is the intention to keep Bransford with estate lots? Barry LeBaron stated many citizens want to preserve the rural atmosphere and keeping the estate type developments on those collector streets would be consistent with the Master Plan. Commissioner Bartkowski questioned staff if under the current PUD ordinance, a private drive needs to have 20 lots? Barry LeBaron stated correct. Commissioner Duffy questioned staff about sidewalks and easements for Bransford? Barry LeBaron stated the provisions of the Land Development Code would take precedence over this development and the developer has not stated anything about sidewalks. Commissioner Duffy questioned staff about easement dedication along Bransford? Barry LeBaron stated % of 75 feet would be required for dedication at the time of platting. Planning & Zoning Commission Minutes - Februray 14, 2005 Page 6 of 10 Commissioner Byerly opened the public hearing at 8:10 pm. Ocie Vest, applicant and Civil Engineer representing the Wyatt Family Trust, briefed the Commissioners about the request. Mr. Vest stated the PUD-R zoning would give more flexibility for this development. Commissioner Duffy questioned applicant about the structural strength of the street? Mr. Vest stated this street would meet all city requirements for a public street except for the width. It will allow for a dead end fire lane at 180 feet. Commissioner Duffy questioned the applicant if the dedication of easement is 37 ~ feet from the apparent center line of Bransford? Mr. Vest responded, at this time, not sure about where easement dedication is but will know once the survey is completed at platting. Commissioner Byerly questioned the applicant how these yards, under this plan, would equal or exceed the size for R20 when the proposed lot sizes are 18, 000 square feet and R20 requires 20,000 square feet? Mr. Vest replied the lots are under the requirements for an R20, but over the lot requirements for a PUD. Mr. Vest stated these two front homes would face Bransford Road and would have the estate feel as what is desired in the Master Plan and these homes would look good from all four sides. Commissioner Bartkowski questioned Jeff Jones if it is possible to train crews to drive down and back out of this 180 foot drive? Jeff Jones replied having to back out on to Bransford Road, which would be an issue; not only the backing out issue, but also the tree trimming issue. It will be great in the beginning of this development but who is to say 10 years down the road these trees will still be maintained? The resources are not available to enforce no parking on the street; and in order to get back to those two homes, when people are parking on the street, are nearly impossible. If the developer does put in an additional fire hydrant like is being proposed, he will have to have a utility easement as well. Commissioner Dudziak questioned how would it be possible to fight those structure fires? Jeff Jones replied having to park on Bransford and drag hose. Jeff Vanderpool, 601 Shelton Drive, spoke in opposition to this request with regards to wanting to keep the rural feel. Dinah Stephens, 612 Shelton Drive, spoke in opposition to this request with regards to wanting to keep the rural feel and concerns for the fire department. Mark McCrary, 5700 Winnie Drive, spoke in opposition to this request and submitted written opposition. He stated having 85% of frontage on Bransford Road and wants to keep the rural feel of the neighborhood. Mr. McCrary does not want the higher density. Twyla Kerlee, 800 Shelton Drive, spoke in opposition to this request in regards to the density. Wade Evans, 800 Shelton Drive, spoke in opposition to this request in regards to the density. Paul Kramer, 312 White Drive, spoke in opposition to this request wants to keep the Planning & Zoning Commission Minutes - Februray 14, 2005 Page 7 of 10 rural area and open space. James Day, 805 Shelton Drive, spoke in opposition to this request. There being no one wishing to speak, the public hearing was closed at 8:46 pm. Commissioner Bartkowski commended the developer for wanting to save all the trees that could be possibly saved, however, it would not be very comforting to a homeowner who's home just burnt because the fire truck could not get to their home. The fire marshal has already stated having issues. Commissioner Byerly concurred with Commissioner Bartkowski and does not think this is conducive for this area. Mr. Vest responded that most the issues brought forth are platting issues and will be addressed at that time. He stated wanting to meet all the requirements of the city and fire department. Commissioner Duffy made motion to deny Case Z-05-004. Commissioner Dudziak seconded. The motion was denied by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy, Byerly Nay: None 4. Case Z-05-005 - PUBLIC HEARING - Request by Bill and Kim Nash for an SUP of an accessory building on Lot 5, Block 3, Rustic Oaks Addition, located at 5512 Valley View Dr. W. Barry LeBaron presented the case and briefed the Commissioners. Commissioner Bartkowski questioned the dimensions on the building? Barry LeBaron replied 36 x 40 which would make the building 1,440 square foot, the Commissioners may want to clarify this inconsistency for the ordinance. Commissioner Blassingame questioned staff if there are any materials required for the construction of this building. Barry LeBaron stated none. Commissioner Byerly questioned staff, for clarity, the only reason the applicant is requesting this special use permit is because the size of the building for this lot is over the allotted size? Barry LeBaron replied correct. The applicants are allowed 1,000 square feet but are requesting 1,400 square feet. The applicants could build a 1,000 square foot building and only have to get a building permit. Commissioner Duffy questioned staff if the placement inconsistencies on the briefing and the drawing are typos? Barry LeBaron replied staff called the applicant and suggested moving the building over two feet because of the height of the building. Commissioner Duffy stated having concerns with the materials to be used, the appearance of a five car garage and the placement of the building. The building needs to be behind the home. Commissioner Byerly opened the public hearing at 9:00 pm. Kim Nash, 5512 Valley View Drive West, the applicant presented the request and Planning & Zoning Commission Minutes - Februray 14, 2005 Page 8 of 10 briefed the Commissioners. Mrs. Nash stated the previous building had to be torn down because of faulty construction; it was an eye sore and unsafe. She stated needing the additional space for storage. The building will not be able to be seen from the street since it will be moved over two more feet. The building will only be a three car garage. I have neighbors who are in favor of our building. Commissioner Edwards questioned the applicant if bricking the front of the building was an option. Mrs. Nash replied she had checked with the city first about the restrictions, and bricking was not a requirement. Commissioner Bartkowski questioned the applicant about the size of the previous building? Mrs. Nash replied it was 1, 050 square feet but was not constructed properly. Commissioner Byerly questioned the applicant about the size of the building requested? Mrs. Nash responded 1,400. Tom Beard, 5508 Oak Hills Drive, spoke in favor of the building but spoke in opposition of the materials to be used to construct the building. There being no one wishing to speak, the public hearing was closed at 9: 1 0 pm. Commissioner Edwards questioned where exactly Mr. Beard lives to this property. Mr. Beard stated this property backs up to the neighbors back fence and the neighbors are across the street from us. Commissioner Duffy questioned staff if the Commissioners can allow them to build the 1,400 square feet or do the applicants need to go before the ZBA? Barry LeBaron replied, according to code, they are required the get a special use permit approved by the Planning and Zoning Commission and City Council. Commissioner Duffy questioned the applicant if she could put a brick facade on the front? Mrs. Nash replied no, we do not have the funding for the brick. Commissioner Edwards stated according to code, she would only have to apply for a building permit if she were to build a 1, 000 square foot building. Barry LeBaron replied correct. Commissioner Bartkowski stated having concerns with the size of the building requested. Commissioner Byerly stated none of the surrounding neighbors had an issue with this request. Commissioner Edwards stated a three car garage is pretty common in Colleyville. Commissioner Dolan stated the materials for this building are of good quality and there are not any requirements, in the code, on the materials to be used to construct this building. Commissioner Byerly made motion to approve Case Z-05-005. Commissioner Dolan seconded. The motion was approved by the following vote: Planning & Zoning Commission Minutes - Februray 14, 2005 Page 9 of 10 Aye: Dolan, Edwards, Blassingame, Byerly Nay: Dudziak, Bartkowski, Duffy STAFF REPORTS Barry LeBaron reminded Commissioners about the workshop for Monday, February 21, 2005. COMMISSIONER COMMENTS Commissioner Dudziak stating needing a copy of the PUD ordinance for Cambridge Place and needing the Home Occupation readings for the workshop. Commissioner Edwards stated wanting to get ahead of issues of Home Occupation regulations. Commissioner Byerly stated needing to look at accessory building materials. ADJOURNMENT The Commission adjourned the meeting at 9:30 p.m. by acclamation. Respectfully Submitted, Amy elley Planning and Zoning Assistant Approved on: February 28, 2005 Planning & Zoning Commission Minutes - Februray 14, 2005 Page 10 of 10 RESOLUTION R-05-2529 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MARCH 15, 2005 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF _ AYES, NAYS AND ABSTENTIONS. 2005, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor