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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
. Area Newsletter Survey
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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
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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
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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
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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"
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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.
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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"
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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
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CONTINUED ON MAR 26
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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".
-==*
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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
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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
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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:
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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
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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.
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(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;
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(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.
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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.
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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.
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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
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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;
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(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;
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(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
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(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
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Copy of Plat
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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
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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.
I also represent that I am duly authorized by the City of
to sign this letter.
Sincerely,
[Name]
[Position]
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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