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Home My WebLink AboutCity Council-Agenda Packets-4/5/2005 city of Te xa 5 CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET APRIL 5, 2005 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Discussion of the 2005 Bond Election PC-2. Review of City policy regarding capital expenditures for parks PC-3. Discussion and selection of article topics for the "Colleyville Communicator" PC-4. Discussion of regulations for on-premise beer and wine sales and the process for inspection/audit for conformity of ratios for alcohol and food sales PC-5. Discussion of the April 5, 2005, City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 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 Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Sec. 551.071 - 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Sec. 551.087 - INVOCATION: Environmental Conservation Organization (liE CO"), 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 Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS Sister Dorothy Eggering, 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 Eagle Scout Andrew Stricklin PROCLAMATION - In recognition of Child Abuse Prevention Month - Nancy Hagan, Executive Director of Alliance for Children CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2530 - Consent Items: a. Approval of minutes of the regular City Council meeting of March 15,2005 b. Approval of the minutes of the City Council Worksession of March 8, 2005 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1516 - 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 5. 6. SECOND 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, Abstract 1176 of the J.J. Newton Survey, located at 5612 Bransford Road, Case Z-05-004 SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1518 - Approval Replacing Ordinance 0-04-1490 for the establishment of school zones within Colleyville 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1519 - Approval of a Zoning Change from AG to R40 on 4 acres located at 512 and 600 Shelton Drive, Case Z-05-010 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1520 - Approval of an Amendment to Chapter 46, Article 1 - In General, Article 2 of the Colleyville Code of Ordinances regarding the adoption of the 2003 International Fire Code 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1521 - Approval of an Amendment to the Master Thoroughfare Plan, Case G-05-006 10. READING AND PUBLIC HEARING - Resolution R-05-2531 - Approval of a Contract with Kimley-Horn and Associates, to update the water, sewer and roadway impact fee capital improvement plans, in the amount of $71,000 11. READING AND PUBLIC HEARING - Resolution R-05-2532 - Approval of a Construction Contract with Driver Pipeline, Inc., for the John McCain Underground Electrical Conduit Project, in the amount of $91 ,370 REPORTS: 12. PARKS AND RECREATION ADVISORY BOARD MINUTES - February 7,2005 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - February 14, 2005 PLANNING AND ZONING COMMISSION MINUTES - February 28,2005 CITIZEN COMMENTS: 13. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 14. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 5, 2005 - Reading and Public Hearing - Resolution R-05-2533 ADJOURNMENT: 15. ADJOURNMENT I hereby certify the abo at 5:30 p.m. n 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. PRE COUNCIL CilYor CCenC1l AGENDA BRIEFING lex,,:;' MEETING DATE: . 04/05/05 CITY MANAGER ! ~~. ITEM#: ' PC-1 DEPARTMENT HEAD i 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. Attachment · City Manager memo dated March 30, 2005 - //:----~..f".. r(\1~I)I,P, ~\*J!.... . '~'__- ',.!iiv MEMORANDUM Office of City Manager TO: FROM: SUBJECT: DATE: Mayor and City Council Bill Lindley 2005 Bond propositions March 30, 2005 During the March 1,2005 City Council meeting, there was discussion concerning projects included in the 2005 Bond Election. The Pre Council meeting will allow an opportunity for City Council to continue this discussion. I look forward to hearing your thoughts and direction related to these projects. Proposition One The City Council included portions of Bransford Road, John McCain Road and Glade Road as part of the City's spring street overlay program in partnership with Tarrant County. While the streets will not be reconstructed, the drivability of the roads will be greatly enhanced. During the March 9 Budget Review worksession, the City Council also directed staff to increase street maintenance funding above the $600,000 projected in the FY 2005 - 2006 draft budget. Staff will coordinate with Tarrant County for City Council consideration of street reconstruction projects pending the County decision to consider a bond election in the next year. Staff will also strategically evaluate streets to present to the County to leverage their financial participation to the largest extent possible. . Direction - no further direction is needed. Proposition Two During the March 1 meeting, staff was directed to evaluate, based on severity, the funding levels required to address street repair needs in Tara Subdivision. Attached to this memo is a map indicating a breakout of areas and associated funding costs. Staff will review and discuss this information with the City Council during the Pre Council meeting. The City Council did not provide at the March 1 meeting any direction in addressing the various trail segments and the Bedford Road retaining wall. · Direction - the City Council will need to provide what course to proceed. Proposition Three and Six With Proposition Three not being approved, the City will need to advise TxDOT whether to continue planning for various design elements of the highway project. If the City Council determines to fund some or all of the elements, I suggest directing the SH26 Advisory Committee to prioritize the enhancements. As a component of overall State funding, TxDOT previously allocated $250,000 towards enhancements (incorporated into the prior planning). Based on the City Council decision for funding opportunities, staff will discuss with the Committee their recommendation for allocating the TxDOT funding. As part of the February 23 worksession, the City Council discussed evaluating the City commitment for allocating $5,000,000 from the TIF for SH26 improvements by TxDOT. A review of documents, provided in the March 25 CMIP, does not indicate any contractual obligation to TxDOT, at this time, for the funding. The City Council has an option to consider rescinding the $5,000,000 local share of funding for the highway project, which can be reallocated to other possible TIF related projects. To do this, the TIF partners would need to agree to a change in the current project plan and the TIF Board would make a recommendation to the City Council. This is generally a procedural process and has been done previously. The Colleyville portion of the design plans are at 90% completion with the other cities being at 60%. The most significant area where we are ahead of the other cities is with planned ROW acquisition. The TxDOT schedule has acquisition for the Colleyville section beginning this Fall. ROW acquisition in the adjoining cities is not scheduled since TxDOT has not funded construction improvements. The current construction scheduled for Colleyville is late 2007 with no date being established for the other cities (due to non construction funding). · Direction - the City Council will need to provide what course to proceed. Proposition Four As a follow up to City Council direction received at the March 1 meeting, staff is reviewing proposals for architectural services and developing specifications for the outdoor warning sirens. Both the architectural services and purchase of sirens are scheduled for the May 17 agenda for City Council consideration. · Direction - no further direction is needed. Proposition Five At the March 1 meeting, the City Council directed staff to postpone further architectural design of the proposed senior citizens facility pending City Council decision to proceed with the project. The City has spent approximately $30,000 to date for design work. My recommendation is to cancel the design contract if the City Council elects to not proceed with the project at this time. In such a case, information and schematic drawings developed from user group input would be maintained for future design planning. 2 Whether we proceed with design/construction of the new building, we should proceed with demolition of the former City Hall. A cost estimate for the demolition work is $50,000. The demolition of the vacant building will maintain the appearance of the surrounding neighborhood and reduce potential maintenance liabilities for the City. There are a couple of options to consider in the event the City Council elects not to proceed with the Senior Center project. 1. One opportunity is to continue the current use of the L.D. Lockett building by the seniors. The users have generally objected having to use the building with other city recreation programs. One comment is that the group has to secure materials, etc. associated with their program each day. 2. A second option would be to relocate the seniors program to the second floor of the Public Library. The use of this open area would be for an undetermined period of time pending any future library expansion. The second floor currently hosts various reading programs so there would be a need for some coordination. Further discussion with the seniors group and Library staff would be needed to address any potential conflicts. There are support needs (storage, etc.) and use impacts (noise, security access, etc.) that may impact the ultimate viability of this option. 3. Another option is to hold non senior related recreational programs at other city facilities. Possible sites include the Colleyville Center or the second floor of the Public Library. Any additional associated costs (i.e. rental, maintenance, staffing) could potentially be passed onto program registrants. Recognizing the market interest in renting the Colleyville Center, the most likely option would appear to be utilizing the second floor of the Public Library. The use of this open area would be for an undetermined period of time pending any future library expansion. As with the second option, Parks and Library staff would need to coordinate conflicting times for the expanded usage. There are support needs (storage, etc.) and use impacts (noise, security access, etc.) that may impact the ultimate viability of this option. · Direction - the City Council will need to provide what course to proceed. The master plan for McPherson Park is subdivided into four phases with Phase I providing ($1,800,000) to include a sand volleyball and basketball courts; pavilion/restroom, playground, open play area, perimeter hike and bike trail, pond with fishing pier, and parking lot. 3 During the March 1 discussion, the City Council considered proceeding with construction of the trail along the eastern and northern parameters of the park. Construction of the trail was seen by the City Council as supporting the overall development of the park. It would also provide an extension to the existing trail from John McCain Road south to McDonwell School Road. The identified trail component from the March 1 meeting is estimated to cost $210,000. Demolition, tree protection, grading, drainage, construction, turf establishment and irrigation are incorporated in the estimate. The southern trail portion of the park was developed through the McDonwell School Road trail project. During the CIP planning meetings, the City Council opted to defer the western segment of the trail until future phases of the park. Regardless of preceding with the two sections of the trail, a general clean up of the undeveloped park property is needed. The cost estimate is $150,000 which includes removing buildings not identified as permanent improvements in the McPherson Master Plan. This clean up would include removing all metal debris, fencing, and other trash that have accumulated over the years. As part of the bond programming, the City Council identified partial funding ($1,400,000) for Phase I to be provided by the CEDC, Voluntary Park Fund and the Parkland Dedication Fund. CEDC funding is budgeted for McPherson Park in FY 2005 in the amount of $125,000 with $150,000 identified per year in FY 2006-2009. As of 2/28/05, the Voluntary Park Fund balance was $528,205 and the Parkland Dedication Fund balance was $1,471,691. · Direction - the City Council will need to provide what course to proceed. Attachment · Staff memo for Tara Subdivision · Tara Subdivision map 4 MEMORANDUM ENGINEERING DEPARTMENT TO: FROM: SUBJECT: DATE: Bill Lindley, City Manager IA- Keith Fisher, Director of Public Works /))" I Tara Subdivision March 30, 2005 As per the direction of the Colleyville City Council on March 1, 2005, we were directed to re-evaluate the streets within the Tara Subdivision. Staff has spent the last several weeks analyzing the infrastructure within the subdivision. Several elements were taken into consideration during field inspections. They were as follows: 1. Pavement condition 2. Subgrade condition 3. Curb & gutter condition 4. Presence of groundwater Each street was reviewed for the above conditions and recommendations were made based on these evaluations. The City also consulted with Charles Jackson of CMJ Engineering onsite to review the findings and make any necessary modifications based on his experience and expertise. The following options are a result of this work: 1. Bond Option Scope: Complete reconstruction of the subdivision which includes the water system, storm drainage system, sanitary sewer system; french drains, concrete curb and gutter, easements, and landscaping. The streets would be reconstructed in 6" concrete. See Exhibit #1 Cost: $3,910,000 (includes a 20% contingency) 2. Overlay & Reconstruct Option Scope: The full depth asphalt reconstruction of Plantation Drive, Plantation Ct, Copperwood Ct, Butler Ct, 275 If of Tara Dr, Trail Bend Ct, 650 If of Crest Dr, Fairhill Ct, Glen Ct, and Crest Ct. Also included is the installation of approximately 6,000 If of a french drain system, the replacement of approximately 1,025 If of concrete valley gutters, and the replacement of 1,000 If of concrete curb & gutter. Elmwood Ct, Magnolia Ct, Ashley Ct, Woodcreek Ct, Greenway Ct, Plantation Ct-north, and the remaining sections of Crest Dr and Tara Dr would be milled and a 2" asphalt overlay placed on these streets. See Exhibit #2 Cost: $1,650,000 (includes a 20% contingency) 3. French Drains & Major Pavement Repair Option Scope: The installation of 6,000 If of french drains and the full depth repair of the major pavement failures within the subdivision. See Exhibit #3 Cost: $710,000 (includes a 20% contingency) 4. Plantation Drive Reconstruction Option Scope: The full depth pavement reconstruction of Plantation and the installation of 6,000 If of a french drain system. See Exhibit #4 Cost: $980,000 (includes a 20% contingency) 5. Crest Drive, Tara Drive and all Cul-De-Sac Option Scope: This option would be a combination of full depth reconstruction and the 2" milling and overlay of the cul-de-sacs, Tara Dr and Crest Dr. Also included would be the replacement of 1,025 If of concrete valley gutters. 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II I l______ lltz 8a f:f.U') COH w> I ..JH 00 Oco ~::> I U')U') ----. ---.~c,.=_~====-...c=~==--.===--~===~=- PRE COUNCIL city Of CC~C1l AGENDA BRIEFING I('X":; MEETING DATE: ITEM#: 04/05/05 PC-2 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N/A DEPARTMENT: CITY COUNCIL SUBJECT: Review of City policy regarding capital expenditures for parks Previous Action: None A Council member requested that this item be placed on the agenda to provide Council an opportunity to review the City policy regarding capital expenditures for parks. PRE COUNCIL CC~~~ AGENDA BRIEFING rL~X,,$ MEETING DATE: I ITEM#: 04/05/05 PC-3 CITY MANAGER i ; DEPARTMENT HEAD i FINANCE REVIEW i Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion and selection of article topics for the "Colleyville Communicator" During the March 15, 2005 Pre-Council Meeting, the Mayor and City Councilmembers requested that the Pre Council agenda, on a quarterly basis, include the selection of article topics for the "Colleyville Communicator". This will allow the Mayor and City Council to discuss each topic with staff, finalize article topics and make any additional changes or suggestions for each issue of the "Colleyville Communicator". Attachment . City Council Newsletter Questionnaire CITY COUNCIL NEWSLETTER QUESTIONNAIRE What issues should be covered in the April 27, 2005 newsletter? Please assign priority numbers 1 through 14 to the articles below. Use the "Other" category to add any issues you feel should be included. (1 is the most important (lead article), 2 is the next most important and so on for up to fourteen articles). Economic Development (Supporting Local Merchants): Installation of the new emergency sirens: New Fire Station approved by the voters through the bond election: Road Construction Updates (completed, ongoing, upcoming, street overlay): Highlight Charter Amendment Election: Update of the City's Master Thorough Fare Plan: Summer Mosquito Program: April 30 - Colleyville Trash Off: Parks and Recreation Summer Events: Park and Recreation Classes: May 14, 2005 - Safety Fair: Colleyville Police Academy - 4th Annual Registration: Summer Ready Program: "Super Hero's Powered by Books": Child Protective Service 5K Run June 25, 2005 (Police Department): Other KEY NEWSLETTER DA TES Questionnaires Due.................................................. ..April 6 Draft....................................................................................... April 15 To Printer ............................................................................... April 20 Distribution Date..................................................................... April 27 PRE-COUNCIL ~~'" AGENDA BRIEFING TC';\~$ MEETING DATE: ITEM#: 04/05/05 PC-4 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW I Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Discussion of regulations for on-premise beer and wine sales and the process for inspection/audit for conformity of ratios for alcohol and food sales A Councilmember requested that this item be placed on the agenda to provide an opportunity to review City audit regulations. The Texas Alcoholic Beverage Commission (TABC) requires a state license for an establishment selling alcoholic beverages, whether for on-premise consumption or for off-premise consumption. TABC will not issue a license until the City has certified that the location of the proposed business where alcoholic beverages will be sold is in compliance with local zoning regulations. Upon receipt of an application for a TABC license, the Community Development Department measures the distance from the location of the proposed business selling alcoholic beverages to the nearest church or school and verifies the existence of a valid Special Use Permit. The minimum distance requirement is 300 feet from the front door of a place where alcoholic beverages is sold to the front door of a church and 300 feet between the properties lines of a public school and a property where alcoholic beverages is sold. In Colleyville, each location where alcoholic beverages are sold requires the approval of a Special Use Permit by the City Council. The Texas Alcoholic Beverage Commission issues two classifications of licenses in Colleyville, (1) Mixed-Beverage Licenses (for on-premise consumption) and (2) Beer and Wine Only Licenses (for off-premise consumption). The state code states that the state regulations preempt any local regulations. However, there is a provision in the state code to allow a municipal zoning regulation enacted prior to June 11, 1987, to remain in effect. The City of Colleyville alcoholic beverage regulations requires an establishment holding an on-premise license to maintain a minimum sales ratio of sixty percent non-alcohol items to total sales. Upon receipt of the state license, a City of Colleyville alcohol beverage license may be issued, which may either be for the sale of on-premise consumption or for off-premise consumption of alcoholic beverages. The information provided on sworn T ABC forms is used to verify compliance with the 60/40 ratio. Additionally, businesses with a new City of Colleyville license for on-premise consumption are required to submit quarterly reports for the first year of business. If a restaurant fails to meet the minimum required ratio of non-alcohol items sold to alcoholic beverages sold, the city attorney may petition the Texas Alcoholic Beverage Commission to cancel the state license of the business. The Building Official may also write citations to a business that is not in compliance with City code. Ordinance 0-03-1398, approved by the City Council on April 15, 2003, contains a provision to allow the City Manager or a designated agent to review and copy the books, records and Pre-Council Agenda Briefing Page 2 of 2 receipts regarding alcohol sales for any business selling alcoholic beverages. Below is an excerpt from Ordinance 0-03-1398, which contains the applicable auditing provision. Section 6-34.g. The person operating an establishment subject to the reporting requirements of this article shall permit the City Manager or a designated agent to view and copy the books, records and receipts relative to sales of non-alcohol items and alcoholic beverages at any time after twenty-four hours notice. In the any event the City Manager finds a violation, then the business will be required to comply with Section 1.a for the succeeding twelve months. The table below contains a list of the businesses in Colleyville that sell alcoholic beverages for on-premise consumption. The information provided shows the expiration date of the TACB license and the percentage of alcohol sales to all total sales, according to the most recent reporting information. Staff has contacted those businesses that have not provided the City with current information to advise them to submit the alcohol sales information. Business Name Address License Exp. Date Alcohol Sales Report (1) 62 Main 62 Main St. #200 Temp Lic. 15 report due 6/30/05 Formerlv Urban Tapas n/a Applebee's Grill and Bar 5150 Collevville Blvd. 06/10/05 10% Holt's Seafood House 5005 Colleyville Blvd. #160 Temp Lic. 15 report due 6/30/05 Formerly Finz Tropical Grill & 36% Bar Gloria's 5611 Collevville Blvd.#300 04/12/05 20% Green Pepper 4843 Collevville Blvd. #330 08/29/05 Not current JR's Texas Prime 5400 State Hwy. 121 01/19/06 151 report due 6/30/05 La Hacienda Ranch 5250 State Hwv. 121 05/05/05 21% Mac's Steaks and Seafood 5120 State Hwv. 121 06/04/05 14% Pacific House Chinese Cuisine 4714 Collevville Blvd. 09/23/05 Not current Railhead Smokehouse 5220 State Hwv. 121 08/30/05 24% Reposados Mexican Grill 1101 Cheek Sparger #122A 06/04/05 15t report due 12/31/04 Formerly Sunset Boulevard Pacific Rim Cuisine 4% RUQQeri's 32 Villaae Lane 02/24/06 20% Smitty's Irish Pub 5224 Colleyville Blvd. 06/06/05 15 report due 6/30/05 Formerlv Scoreboards 26% Winos N More 5150 State Hwv. 121 09/28/05 15 report due 12/31/04 (1) Based on latest reporting information PRE COUNCIL cceC1l AGENDA BRIEFING /C'x,,=' MEETING DATE: I ITEM#: i 04/05/05 PC-5 CITY MANAGER ! DEPARTMENT HEAD i ~ FINANCE REVIEW iN/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the April 5, 2005, City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular City Council agenda items. cceC1l AGENDA BRIEFING I(......"S CITY COUNCIL MEETING DATE: ITEM#: RESOLUTION #: 04/05/05 1 N/A CITY MANAGER , DEPARTMENT HEAD ' FINANCE REVIEW ! N/A 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 - Sec. 551.087 - 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 Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations CITY COUNCIL cc@n", AGENDA BRIEFING lex.,$ MEETING DATE: ITEM#: RESOLUTION #: 04/05/05 2 N/A CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW I N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: 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 Eagle Scout Andrew Stricklin PROCLAMATION - In recognition of Child Abuse Prevention Month - Nancy Hagan, Executive Director of Alliance for Children roclamation CITY OF Colleyville, Texas WHEREAS: Andrew Stricklin has earned the Eagle Scout rank, the highest honor in Scouting, a truly significant milestone; and WHEREAS, the requirements for the Eagle Scout rank are to earn 21 merit badges; become a Life Scout and then serve in a troop leadership position for six months; plan, develop, and carry out a service project worthy of an Eagle Scout; and stand before a review board of prominent persons to present evidence of his commitment and observance of the Scout Oath and Law and his qualifications for the Eagle Scout Award; and WHEREAS, Andrew has demonstrated leadership and a commitment of service to his fellow man by coordinating and planning the installation of a nature area and fish pond in the courtyard of Faith Christian School in Grapevine; becoming a member of the National Honor Society and student council; and being a youth leader at Woodland Heights Baptist Church in Bedford; and WHEREAS, Andrew Stricklin has earned this rank through hard work, persistence, a commitment to helping others and a desire to be successful. NOW, THEREFORE, I, JOE HOCUTT, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of COlleyville, congratulate and commend ANDREW STRICKLIN for this lifetime achievement and encourage him to use the leadership skills he has learned and demonstrated to the betterment of mankind. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of COlleyville, Texas, affixed this 5th day of Apri/2004. ~ ce.e Tex.. RESOLUTION R-05-2530 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING APRIL 5, 2005 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. 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 Consent Items as follows are hereby adopted: a. Approval of minutes of the regular City Council meeting of March 15, 2005 b. Approval of the minutes of the City Council Worksession of March 8, 2005 AND IT IS SO RESOLVED. APPROVED ON THIS THE VOTE OF AYES, DAY OF NAYS AND 2005, BY A ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor MINUTES OF THE CITY COUNCIL MEETING MARCH 15, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor Hocutt on March 15, 2005, at 5:21 p.m. ROLL CALL: Councilpersons Elaine Dolan, Mark Skinner, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Public Works Director Keith Fisher, Engineer Chad Bartee, Economic Development Manager Scott Welmaker, Parks and Recreation Director Monica Walsh, Financial Analyst Kacey Bess, Communications Manager Dixie Cawthorne, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1. Discussion of the 2005 Bond Election The meeting was adjourned prior to this item being discussed. PC-2. Update of Economic Development Initiatives Economic Development Manager Scott Welmaker provided an overview of the Economic Development Initiatives and answered questions of the Council. Discussion ensued regarding the Buxton Group Firm Community ID Analysis, Phase 1/ and the Branding and Marketing Development Program. It was determined that Economic Development Manager Scott Welmaker would meet with Councilmembers individually to review the Buxton report. Discussion ensued regarding development opportunities for new and existing businesses. CITY COUNCIL MINUTES MARCH 15, 2005 PC-3. Update of the Economic Development Strategic Plan Economic Development Manager Scott Welmaker provided an overview ot the Economic Development Strategic Plan and answered questions of the Council. PC-4. Presentation of Monthly Financial Report The meeting was adjourned prior to this item being discussed. PC-5. Update of the 2005 Water System Improvements Public Works Director Keith Fisher provided information related to the development of the water tower. Mr. Byron Folse of Byron Folse and Associates, provided an overview of the design of the water tank, landscaping, security and interior finishes and answered questions of the Council. PC-G. Discussion of enhancing public information offered by the City through mediums such as the Colleyville Communicator, Government Access Channel and the City's website Communications Manager Dixie Cawthorne provided an overview of the communication mediums of area cities and answered questions of the Council. Council determined that the newsletter would include board, commission and committee profiles and economic development updates. The newsletter article ranking process will be provided as a Pre Council item. 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 Council determined that a City Council and Youth Sports Association Forum would be held on May 9,2005. Council determined that a City Council and Senior Citizen Forum would be held May 24, 2005. City Manager Bill Lindley will obtain available dates for the GCISD Board of Directors meeting and report to the City Council. 2 CITY COUNCIL MINUTES MARCH 15, 2005 PC-B. Review of City policy regarding capital expenditures for parks The meeting was adjourned prior to this item being discussed. PC-g. Discussion of the March 15, 2005, City Council regular agenda items The meeting was adjourned prior to this item being discussed. There being no further business, Mayor Hocutt declared the meeting adjourned at 6:49 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on March 15, 2005, at 6:52 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tem Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Public Works Director Keith Fisher, Financial Analyst Kacey Bess, Communications Manager Dixie Cawthorne, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 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 - 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 Village Partners Property Acquisition 3 CITY COUNCIL MINUTES MARCH 15,2005 Sec. 551.072 - Proposed Sale of Property - 5500 Colleyville Boulevard Sec. 551.074 - Personnel Review 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 6:53 p.m. and reconvened at 7:30 p.m. The invocation was given by Councilman Mark Skinner and City Attorney Matthew Boyle 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 presented a Proclamation to Ms. Sally Pearson in recognition of Donate Life Month. Ms. Sally Pearson encouraged the audience to discuss organ donation with their families. Mayor Hocutt presented a Proclamation to Head Coach Rod Butler and basketball team members in recognition of Covenant Christian Academy winning the 2005 T APPS 2A State Basketball Championship. 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 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 Mayor Hocutt opened the public hearing and read Resolution R-05-2524 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 4 CITY COUNCIL MINUTES MARCH 15, 2005 Councilman Dolan moved to approve Resolution R-05-2524, with the amendment to the February 23, 2005, City Council Worksession minutes, Item 4. Discussion of the 2005 Bond Election: Staff will prepare an alternative street repair plan for Tara Subdivision. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. PUBLIC HEARINGS: 4. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1516 - Approval of a Special Use Permit for an educational center on Lot1 R, Block 1, Town Center Colleyville Phase I, located at 5611 Colleyville Boulevard, Suite 240, Case Z-05-007 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1516. Mr. Roland Kelley, 400 Briarcliff Court, spoke in support of the proposed Ordinance and regarding the positive benefit of an educational center to the community. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 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 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1517. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. The Council agreed to re-open the public hearing to allow citizens to speak. Mr. Gary West, 5701 Bransford Road, spoke in support of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 5 CITY COUNCIL MINUTES MARCH 15, 2005 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1518 - Approval Replacing Ordinance 0-04-1490 for the establishment of school zones within Colleyville Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-05-1518. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 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 Mayor Hocutt opened the public hearing and read Resolution R-05-2525 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. City Manager Bill Lindley stated all technical requirements have been met. Mayor Pro Tem Ayers moved to approve Resolution R-05-2525. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilman Dolan Mayor Hocutt declared the motion carried. 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 Mayor Hocutt opened the public hearing and read Resolution R-05-2526 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mr. Dean DeCavitte, 906 Hardage Lane, applicant, spoke regarding the street improvement fee calculations, the division and development of the property, roadway impact fees and the timeline for payment of the street perimeter improvement fees. 6 CITY COUNCIL MINUTES MARCH 15, 2005 Community Development Manager Barry LeBaron provided information regarding the calculations for the street perimeter improvement fees. Discussion ensued regarding the proposals for deferring the street perimeter improvement fees, the calculations for the street perimeter improvement fees and the process and schedule for payment of the fees. Mayor Pro Tem Ayers moved to approve Resolution R-05-2526, with the amendment as follows: The perimeter street improvement requirements for Pine Hill Estates Addition located at 1209 Tinker Road after applying road impact fee credits for four lots for the 400.15 feet of frontage on Tinker Road, are hereby deferred until the time of issuance of building permits to be prorated per five lots, and such costs are assessed at the rate of such fees at the time of the issuance of building permits. Councilman Dolan seconded the motion. Discussion ensued regarding the method of tracking and collecting the fees and the calculations for the street perimeter fees. Councilman Skinner called the question. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 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) Councilman Hendler and Councilman Skinner read Resolution R-05-2527 in its entirety. Mayor Hocutt opened the public hearing. 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-05-2527. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None 7 CITY COUNCIL MINUTES MARCH 15, 2005 Mayor Hocutt declared the motion carried. 10. READING AND PUBLIC HEARING- Resolution R-05-2528 -- Approval of the Settlement Agreement with TXU Transmission and Distribution Company (TXU) Mayor Hocutt opened the public hearing and read Resolution R-05-2528 in its entirety. 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 Resolution R-05-2528. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. REPORTS: 11. PLANNING AND ZONING COMMISSION MINUTES - February 14, 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 15, 2005 - Reading and Public Hearing - Resolution R-05-2529 This item was not needed. ADJOURNMENT: 14. ADJOURNMENT 8 CITY COUNCIL MINUTES MARCH 15, 2005 There being no further business before the City Council, Councilman Hart moved to adjourn. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 8:36 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 9 MINUTES OF THE SPECIAL COLLEYVILLE CITY COUNCIL WORKSESSION MARCH 8, 2005 The Colleyville City Council Worksession was called to order by Mayor Pro Tem Jon Ayers on March 8, 2005, at 6:03 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan and Tom Hart were present. Mayor Pro Tem Jon Ayers, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Fire Chief Mike Johnston, Police Lieutenant Rodney Cunningham, Finance Director Terry Leake, Public Works Director Keith Fisher, Community Development Manager Barry LeBaron, Human Resources Director Kelly Cooper, Library Director Mary Rodne, Economic Development Manager Scott Welmaker, Recreation Supervisor Craig Dishman, Financial Analyst Kacey Bess, Assistant to the City Manager Stephen Seidel and City Secretary Cynthia Singleton were also present. Mayor Joe Hocutt and Councilman Rich Hendler were absent. 1. Discussion of 2004-2005 Work Initiatives Mayor Pro Tem Jon Ayers introduced City Council Candidates John Grace, Tony Licata, George Boll and Mike Taylor. City Manager Bill Lindley provided an overview of the 2004-2005 Work Initiatives. There was a general discussion regarding the initiatives. 2. Discussion of 2004-2005 Operating Budget Financial Analyst Kacey Bess presented an overview of the 2004-2005 Operating Budget projections. CITY COUNCIL WORKSESSION MARCH 8, 2005 Finance Director Terry Leake provided information related to sources of revenue and sales tax projections. Fire Chief Mike Johnston presented information regarding a new ambulance service billing and collection company. Discussion ensued regarding the potential impact of the City of Bedford tax rollback measure on City of Colleyville services as it relates to 'nterloca' Agreements between the two cities. There was general discussion regarding funding sources for street maintenance, drainage and economic development. 4. Discussion of Multi-Year Budget Forecast City Manager Bill Lindley outlined the development of the multi-year budget forecast. Finance Director Terry Leake provided information related to sources of revenue and sales tax projections. Council requested that the projected ad valorem tax base growth be reduced from 5% to 3%. The City Council requested that funding for street maintenance be increased from the $600,000 level. 5. Adjournment There being no further business before the City Council, Mayor Pro Tem Ayers declared the meeting adjourned at 7:30 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@nC1l AGENDA BRIEFING ;l"~4.'\$ MEETING DATE: ! 04/05/05 ITEM #: i 4 ORDINANCE #: I 0-05-1516 CITY MANAGER ! DEPARTMENT HEAD ! FINANCE REVIEW ! Previous Action: 03/15/05 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 Second Reading and Public Hearing 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. Staff also informed the Kingswood Estates Home Owner's Association of the public hearing schedule. 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 Co/leyville 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 · Picture of Site · Information and Drawings from Applicant · List of Property Owners Notified · Dallas Baptist University Newspaper Article · Ordinance 0-05-1516 Zoning and Location Map Picture of Site 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. Approximate/y 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 (/ate August), the hours will be extended to conclude at approximately 10:30 p.m. Please advise me if there are any additional questions or concerns. Sincerely, Ozzie Ingram, Ed.D. Associate Vice President for Administrative Affairs cc: Dr. J. Blair Blackburn Ric Nelson Dallas Baptist University Classroom Facility .--,- --- / I I SI ~I fil I I I I L_ it. _~:;r_ !Jlif'..It'lt )1AlJ \ .~ ~ l ,..~ ,~ H..~(~ !~ f-l H"~! J~'~~ h1: !C.~,/4J" l! I I I I I " I" I ~ I I ! .01 !:;.-" f'~ l~-J ~""'f~'?-=-'f~-r-:--t,.. >.. . L-. '..:J'1:~:-.::-:?",.. ...., -. ~":otot" ''''-111:;;; 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 Bearrie Boutique 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 Co lIeyville , TX 76034 Dallas Baptist University Newspaper Article DBU's second satellite to open in Colleyville University also searching for pennanent Collin County site BV STEPHANIE PATRI(I( I STAff WlUTER An 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 Colleyville 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. tel', is scheduled to open in early April in the city's Town Center development, just in time for sum. mer registration. DBIl, 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 Col. leyville 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 (',01- 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 22,000 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 DBU'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. spatrick@bizjoumaluom 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 "B". 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 ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given '_"~'''__.___~"_'.'. .~." _.~m,__.~___~_____"_."_~'~~ -,""---.'-~-- Ordinance 0-05-1516 Page 3 of 3 the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT" A" CC-2 KrNGSWOOD Portion of Lot 1 R, Block 1, Town Center CoUeyville Phase I EXHIBIT "B" ,Of" _tt~:~ IIt..- I I I SI ~, I ~I I , i'" ~.. ... : J1:i '... S I" I ~ I I "'" I" ,e, [ "j ~'~i I I I j. ! ;.-^ ~,~ (--j ". :T==-'?:3~-r:-t""' . ~,... .. L.' .....r"'"r"'"-"C""??: ". '~~"~;:; ~~-~;; -- '-- 5611 Colleyville Boulevard, Suite 240 CITY COUNCIL c\lr Of CCe~(l) AGENDA BRIEFING 11.-:-;,,$ MEETING DATE: ' 04/05/05 ITEM #: ! 5 ORDINANCE #: ! 0-05-1517 CITY MANAGER ! DEPARTMENT HEAD FINANCE REVIEW ! Previous Action: 03/15/05 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from R20 to PUD-R on 1.667 acres on Tracts 1 A3, 1 A3A, 1A3B, Abstract 1176 of the J.J. Newton Survey, located at 5612 Bransford Road, Case Z-05-004 Second Reading and Public Hearing First Reading and Public Hearing Backqround 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. Agenda Briefing Ordinance 0-05-1517 Page 2 of 4 The surrounding properties consist of single family residential and agricultural zoning 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. Agenda Briefing Ordinance 0-05-1517 Page 3 of 4 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 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. Agenda Briefing Ordinance 0-05-1517 Page 4 of 4 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 (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 · McCrary Letter dated 02/14/05 Opposing Zoning Change · Ordinance 0-05-1517 Location and Zoning Map R-20 R-40 Aerial Comparison of Existing and Proposed Zoning District Regulations REGULATIONS EXISTING R20 PUD-R PROPOSED PUD Maximum Density 2.1 DUlAC NIA 2.35 DUlAC 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% Coverage Maximum Number 2.5 3 2.5 of Stories Maximum Building 35 FT 30 FT 35 FT* Height Lot Access Public Street N/A Private Drive** * The proposed lot width and maximum building height are not consistent with PUD-R regulations. ** 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, 200S ; RECEIVED JAN 1 4 2005 Mr. Barry LeBaron Manager Community Development Department 100 Main Street Colleyville, Texas 76034 , . Per ............. Subject: Zoning Change Proposal Wyatt Park at Colleyville - 1.667 Acres Reference: J.J. Newton Survey, Abstract No. 117S, Colleyville, Tarrant County, Texas 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, 200S (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 PD 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 5 FT 50% 2.5 35 FT Private drive 2.1 DUlAC 20,000 SF 100 FT 125 FT 30FT 30FT 25FT 10 FT N/A 30% 2.5 35FT 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 Proposed 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 $5,768.41 (1189%) Traffic ImDact Analvsis The proposed development of this property would result in the construction of four custom homes. Using the accepted engineering standard that each single family home generates approximately 10 vehicle trips per day, the proposed development of this site would generate about 40 vehicle trips per day. Since this amount of proposed traffic is well below the threshold of 1,000 vehicle trips per day required for a Traffic Impact Analysis, we have determined that a traffic study would not be required for development of the site as proposed. It is the intent of this proposal that the driveway access for each of the four proposed single family lots would be directly from the private drive. This would result in minimizing the traffic access and driveways to Bransford Road from the proposed development. Page 3 of 3 City of Colleyville ,0() ~O 1- t>.s; ~ -@ -?c- - ~~ , ~ " \10'1'....)( A',-... Q 01 ,f. ~ \.1cdo'"''No:- SC"'OO t(C ....'...1 6 ...avaca I'" ~ ......&., t.: t r ....,.1]. POO I" rJ.o !t1~.~..() .':l fT1 -n.,. o c ., ~ .. ~ l'J o ~ ~I""'''er ~ p .' rl tu f ~":' :i lJ' , , ~ ~) !f , ;<: IV '" ;w, ~ ~ ~ _ :J ....oc'...e~: Hd ~ IV .. <n ": , g ~. -;; :l: ,., ;t, 0::. - 'J if) OJ IF :r .u ~: '!..L f~ --:-' /- . ~::-. City of Colleyville ,.,- 'V:~"'100 Main Street \.I,._.~\U I. . ".. 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U) C:--E€-;'; "S :.a--ge;" Kd C'"e.e"',::;..a" _" (". ~- ": .. u: g " City of Colleyville VICINITY MAP Gad", ~d C-",'')> ..^ ;<: :;: ~. !:? u: ~ ~ u: IJ~ In ;:; ~ ~. ~ .. ~ oj) .. , , > Q "; Q '" d > '" ;<: C; r;; c, R","j'o LJ. , -' ~ 8 IF ~ :::l ::l !!' 1-' '" '" -II .f. Oa, ,{-c.. LJ' 0 ~ , ti: r;; Plgntal,lon Or N -< Q ;: c 1;)/;n, . r$i: Dr lauon O' CIS .. ,;: ~ :J ~ <} t,; t,; ~, I RECEIVED JAN 1 4 2005 Gt;;~:;'l C3 N (Jl (l; ~ ~ eX- 1 S' ()~ Sb ~ -" ~F<Y" -i6 n .. " ;+ ~ n ...... 0 0' ~ '" N", o _. :s :s __0<> :s - 0<> " II .." ~ g. N- 0'< ~ en 0: " a ~ t""' ~ Q.. C en " ~.~ n 0 )> n [l Z n (J> :i" Q... ..... (b :r n '-<: () ~ L Z () L N'" =--,z rn o 5- 0 S-'!9., < n ClJ () 0<> " 3 ., :E II .." t;r ., ..... ~~- " OJ 0 V ~ OJ OJ ..... CJ\ ~~ .!" n c -1 ~ N 0 o < en ~ C () ~ ~ '-<: <.to " [ ")> -lr:r V i () (J> X ..... ClJ W ~ (J> n s;: ..... 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"- g ~ c~lJInC&"U1 3~~(~!t"o~ ~ g ~, ~~' ~ c.2 0: cr. o ? !'" ~ ~ l ~ 0 R- ~ ~ CL ~ ~ ~' ~ ~ 8" ~ 1 g- o S, n ~ ~ g ~ ~ ~ :r ~ 2 o 5' ~ ~. ~ "- o ~ ~ ft Ql g::. ~~ st- " 0-" ~ Cf" " J" :- Z ~ " "' Single Family Residential Land Use Zoning = R-20 ./>- ,.. ~ I\l - ~ .- ~ )> (II ~ :.;. -~ ~ '" ~ ~ :I ~ Vi Vi Vi '""'~ "I "I '" !:1 -< oJ o '" o t ~ T----- ~ S ::u ~ 1: z /11 0 - /11 >4>>. ;:: N C /11 . c 0 U1 Mark McCrary Date: 2/14/05 TO: Planning and Zoning FROM: Mark McCrary CO: City of Collevville EMAIL: m~raryoutdoor@msn.com PHONE: 817-!l0~-1O!l1 PHONE: 817-849-8500 FAX: FAX: 817-849-8501 # of pages 2. Re: change of zoning request on 1.898 acres on Tracts 1A3, 1A3A 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: 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 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 Sec. 4. Sec. 5. Sec. 6. Ordinance 0-05-1517 Page 3 of 4 D. Conceptual Site Plans and Plattina 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" EXHIBIT "B" Metes and Bounds Description PROPERlY Di:'SC~IP TION S'€lNG .h. :'567 .\(:;RE TR.ACT OF LAND SHUA,T(O IN TliE J..J. NEWTON SURVEY, ABSTRACT NO. t 176. T ARRAN T COUNTY, TEXAS AND 9ErHC Tli€ REWJNOER Of A 14.6 A.CRE TRACT C~\l[YED TO it<<( WYATT fAMlLY PARTNERSHIP, li.1'O.. REC~DEO IN VOLUWE 118"3, P.-a 2221. OEED RECOROS,TAARNfT COUN1Y. tEXAS AND $NO l.e6; ACRE tRACT OF LAND BEiHO MCflE p ....RTlCULARL Y OfSCR1Ba) 8Y NETES ANO 8OJ'NOS AS fOllOWS; ,3ElflG AT A 1/ff' IRON PIN FOUND AT "M[ SClUTHEASr CORNER OF' SAlO 1.&67 ACRE TRACT OF' L.t\NO. SAID POINT BEING fN THE 'li€sr I<1'GHT -Of' .. WAY UN( OF' BRANSfORD ROAOANO SAlD POINT BEARS SOUTH 89'06' 4r fAST, A. OJSTJ..NCE ':;f" 3.7,5 fEET FRa.4 1H( N~THEASl CCRNER Of" WT s.. OAK AIOCEESTAltS. AN AOOIl1ON TO THE cny OF COllE:WII_I.E ACCORDIHC TO lHE Pl.A T RECORO€O IN 'JOI.Ulilt .:iS6-na. PAGE 56, PlAT RECORDS. TAARANT COUNTY. rrXAS> Tl-lENa: NOIi<TH 89"06'48. MST, A1..OHC THE NORTH PfotOPERTY LINE OF SAID OAK RIDGE ESTATES .3.75 FEET PAS$INC SAfO NORiHEAST COR-HEFt OF' tOT 5. COtfllNIJlNG IN A'l..l 385..28 FU:r TO A ~/a" IRON PIN SH A r THE: SOufHEAST CCftN~ Of' l.or 1. BLOCK 1, CIRCLE 8 eAR j( ADOmON, AN AOOJl1ON TO THE erN Of!' COULY'.I1LL.E J\CCOROlHG TO THE PLAT REC'OROED IN CABINET A. SUDE NO. Z7S2. PL.^ T RtCORQ$. TM'Vo.t4T COUNTY, TEXM_ THENCE NORTH 00"5.3'01" EAST, ALONG 1"HE EAST UNE OF" SA~ lOT 1, Bl.OC1< ~, C1R(:l..r B BAR K AOO11OH. A DISTANCE: or 196.93 FEET TO A 5/8- IRCt4 PIN srr AT THE: NORtHwEST' CCfiNE'R Of SAAO LM7A.CRE:: TRACT Or LAND AND SAlD PC*NT 6EING .14 CORNER Of' SAID LOr 1, BLOO< 1. CIRCLf e BAR K AODlTION; nitNCE SOUTH 89'13'33" €AST, AlONGfHE N'QRfH PROPERlY UNE ."$ ~O 1.66'1 ACRE TRACT OF LANP, A OlST;.NCE Of 363.5-' fEET TO A 1/2. IR<;N PIN FOJNO iN' THE AFOREr.lENllCM:O '.vEST RiG)fT -01'- WA Y UNE: Or: BRANSFORD ROAO. 7'HE:."<<:'[ SOUTH OO.2J"~- WEST, ALONG SAiD 'NEST !ilI~l-Uf-'NAY LINE OF SRANSf'CRO ROAD, .A OtSTANCE Or HJ9,S! FEET iOTHt PclHr OF BfCINNTHC N~O C(lNlAINING 72.622 SOlIA.RE FEET OR ~ .667 ACRe; OF LAND. :N c f: @' ~. (.- , n 1\ 0 > z n " rn v --i N <1; :!:, r t,; ~ 2S V to :::: c.. r ''/: ~ '.;":' )> ~ \ Z :::- --.\ "- , ;_. "~__O___ EXHIBIT "C" "''\.4<. , t," -.J ..0_ ~ W ...J ;;; --'!. '"- ~ ;; ~ '1 fI' "'- "- ". BRA ~:s 1= G\<:'. :Q. " ~ C7 c' o~ K: CA b "'<\.<\7 \ -1 ?-" -J -.) CITY COUNCIL CCei!l AGENDA BRIEFING IC'X;:l$ MEETING DATE: ! 04/05/05 ITEM #: : 6 ORDINANCE #: I 0-05-1518 CITY MANAGER ! DEPARTMENT HEAD i ~ ~ FINANCE REVIEW i Previous Action: 03/15/05 DEPARTMENT : ENGINEERING SUBJECT: Approval of replacing Ordinance 0-04-1490 for the establishment of school zones within Colleyville Second Reading and Public Hearing 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 . Company, 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, /Y{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 [illJ 1] I CONTINUED ON MAP 26 r:ffil.............>.......:... > ~ e /"~/II' Jg=:r'" TEI-l"\SONP.tW~/ O~~ ~J~~~\ ~WE'''EOAK' ~1d~\\SE![o<" q.~ ;;l ~) :!:::W'" LY 7 $;{< creBkwood4("~...~~-;;'.. e\'~ ,;. OOUGlA'S $ / 2 .~ ~ E: EI NIE / r::-f';;;; ~ . ~...., '" ~ 35 Pa'" C",., (sa,;s~.- '" ~::~'B;Krr ~fio 0 I~<<.?.) 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If I ; ,I. ~ . 1'!I,.1 II I ml II d JI~llf;11 II '(!Ih . ~ C: '.. -1,.1 1 ,.- I Ii . fl . I ,.1 " 'r' f I I II 'f' 1'.1 it ;. If'Clf' It :t :I:t lIlt II J!I('J" . ". .' i. I'" I'r' I'!' " Ii ii ~! ,'!: i: ~ iH: ~ :l .l~l nd ,~ I!.JII . '1'"'' t~~ '" ('" r'l' 1'1 ",II I ,f ';t ! ~ II !.I ~I ,! J i ht. ,I Ie: · I ~!l "'Ii f.;i I'" e.l /In.l~ I I' .'f ' ,,' I I "II jl I (If ( I II Cf'l I ; II I II .. I .11 Ii '('1', .. I I .1 .... t" r " 'I '&H'~IT B \ LU ~ o z o o uJ ,,~()9 29.6 ~'\ 'l-f6 " ~ (' <?;-s'\s Cp~G ./ Ol N ~ <?-- G <;( - ,,<b' ~0~S ~\...o -:l c.C ~F ~~ tt::J E t><'l- ~"l Z () .=t ~" \Cj ExH''&\T ,. " c. -==*" AT.... 0._, of T'MJapon.don PERMIT TO CONSTRUCT ACCESS DRIVEWAY FACILITIES ONIDGHWAYRIGHTOFWAY To: Hwy. SH26 Control 363 TUSCANY DRIVE Permit No. lO-SC-225-04 Section I 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, WlDcn 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 CONSTRUCTIONWITBIN THE STATE RIGHT OF WAY SHALL REIN ACCORDANCE TO STATE STANDARDS AND SPECIFICATIONS. SEE ATTACHMENT "A". GARY L. PHILLIPS, 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 TIDS 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 by the State. 3. 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. 4. 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. 5. 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. 5. 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 CHAVEZ, AE I GARY L. PHILLIPS, TMS vn 7. 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 DIST FILE: Date of Issuance: DECEMBER 10. 2004 Signed: Glenn E. EIIi ,P. E. Director of Maintenance GARY L. PHILLIPS: Time Process: 1 DAY Date: DECEMBER 9. 2004 .' ' '1 E:Xj-H e> 'T D iI, 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 50 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 <;:).J C'-'~~ 2004. A TTE5T: 9'1 Cynthia Singleton City Secretary AS TO FORM AND LEGALITY: 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 S1. 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 St. 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 citr or CC9'" AGENDA BRIEFING fL~X~$ MEETING DATE: I 04/05/05 ITEM #: ' 7 ORDINANCE #:! 0-05-1519 CITY MANAGER I (" DEPARTMENT HEAD I FINANCE REVIEW ! Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a zoning change from AG to R40 on 4 acres located at 512 and 600 Shelton Drive, Case Z- 05-010 First Reading and Public Hearing Backqround Jeff Vanderpool is the potential developer of a four acre parcel of property located on the north side of Shelton Drive, between Bransford Road and Pleasant Run Road. The applicant has submitted a request to change the zoning on the property from AG Agricultural to R40 Single Family Residential. The owner is seeking a zoning change in order to develop the property as single family residences. The developer proposes to rezone four acres, which is the remaining portion of a proposed 14- acre development. The rezoning of the initial 10 acres from AG to R40 was approved by City Council on February 15, 2005, Case Number Z-04-042. This tract of land will comprise the western side of the larger development. This subdivision is not proposed as a gated development. The developer proposes to construct four single family lots on the four acres being considered for rezoning. The four acre tract of land has approximately 150 feet of frontage on Shelton Drive. The tract is over 1,000 feet in depth, extending to the railroad right-of-way on its north boundary. There is an existing house on the property. 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 has submitted a conceptual lot exhibit that consists of 12 single family lots, which is included as an attachment. Approval of the rezoning request does not constitute approval of the proposed lot layout and does not bind the developer to any particular lot arrangement. As currently proposed, the twelve lot subdivision will not require a second entrance into the development or require the installation of automatic fire sprinkler systems in each of the homes. The surrounding property is generally developed as single family residences on half-acre or larger tracts. Properties to the east are zoned R40, and comprise the remainder of the proposed single family development. The properties to the south, across Shelton Drive, are zoned R40 and are developed as single family residences on one-acre or larger tracts. Properties to the west are zoned AG, and are also developed as large acreage tracts with residences. Agenda Briefing Ordinance 0-05-1519 Page 2 of 3 The properties north of the tract, across the railroad right-of-way, are zoned R30, RE and AG and are developed as a single family residences. A zoning map of the area is attached. The Colleyville Plan contains a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This particular goal includes several objectives relative to this zoning change request: · Continue development of luxury residential areas while maintaining the "country feel" along major collector streets · Encourage redevelopment of older properties located along major collector streets into estate settings · Preserve larger lot sizes, i.e., 30,000 sq. ft. and up, and promote the redevelopment or combination of smaller lots into larger estate lots IMPACT ISSUES 1. Master Plan. The property is designated for future use as single family residential land uses. This request is consistent with the goals and objectives of The Colleyville Plan. The density of the overall 14-acre development is 0.89 dwelling units per acre. 2. Surrounding Properties. The surrounding properties are developed as single-family residences on acreage tracts. 3. Development Trends. The long-term trend for this area is for single-family development. The property in the area is suitable for this type of development. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of- way. The developer is responsible for the extension of utilities to the lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the taxable value of the parcel is $85,100. The estimated City property tax revenue for the undeveloped property is $295 annually. A portion of this property has an Agricultural exemption from Tarrant County for property taxes. The future property tax revenue would depend upon the value of the building improvements made to the property. 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 14 proposed residences would add 134 vehicle trips per day to the surrounding roadways. Shelton Drive is classified as a Minor Collector on the Master Thoroughfare Plan. There are no available traffic counts for this area. Agenda Briefing Ordinance 0-05-1519 Page 3 of 3 7. Public Notification. Staff mailed notices to 21 adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Recommendation Approval Attachments · Comparison of Existing and Proposed Zoning District Regulations · Zoning and Location Map · Information and Drawings from Applicant · Ordinance 0-05-1519 Comparison of Existing and Proposed Zoning District Regulations REGULATIONS EXISTING AG PROPOSED R40 Maximum Density 0.3 DU/AC 1.25 DU/AC Minimum Lot Area 130,680 SF 40,000 SF Minimum Lot Width 200 FT 150 FT Minimum Lot Depth 300 FT 150 FT Minimum Front 40 FT 40 FT Yard Setback Minimum Rear Yard 40 FT 25 FT Setback Minimum Side Yard 25 FT 15 FT Setback Maximum Lot 20% 20% Coverage Maximum Number 2.5 2.5 of Stories Maximum Building 35 FT 35 FT Height Zoning and Location Map Information and Drawings from Applicant Cf" "P ""v '" # 0~ ~:;,V <; ",<::> 1" ~4' ,,'3 c,'" I SCAlE f' x It}!j' - -----, "'" >00 '" -----~ I Proposed I R40 I " 'J ~ ~ ~ 1 I 1 1 1 1 I l I ..l._.......>!Pl...___..J.._ I 1 1 , 1 1 Lot 4 I I Block 1 1 ~ 0.918 AC J ,3: i. , =1 ~ ~ .__l__....J\P.V_...J.__ (I> I I I I : Lot 3 : I Block 1 \ 1 0.925 AC \ I \ I \ 1 \ I.. " / / Lot 5 Block 1 1.392 AC LOT 1 c~. iI< ~~)t ,,>'-' .~\"'bf;, . "of< ,?e" ~~\ t.,0-, ')'010" ",rJ.-' Lot 2 Block 1 0.931 AC ! it , ___S.!JI9!!'W_ 01liNER: APPtICANT: HOWARO 4< MARY RETTIG JEFF VANDERPOOl 512 SHEl TON DRIIIE 601 SHEl TON ORIIIE COl.lEYVlU1:, TX '760J~ COllEYVllLE. TX 760,:\4 PH: 817-.98-012J PH: 817-498-.719 ,," I /'. I , I 1 ..~/ I I '\"'/ I I LOT 1 "- ~" I I <J ~~/ I j ~~)r:c-~' .'lo-<,( I .) .:[Q' q.""n- I ~ ,;;~ k~/; '.... (~f.;' *'/ Lot 7 ~ /-----;?-- ~{y-,_. " Block 2 '1,<:; (q ,,/ ~ I <0 . ",' ( 1.388 AC ~ 1 <'q' ".... I I {J " 1 1 '. _.._.._l."!.!:...._..!-J ..if : I ~ I . e Lot 6 1 "I 16 Block 2 1 j;I ~ 0,937 AC . I 1 1 1 1 ,.... I I ..,..-..-.'-..-..-.C...... "- I . I... ~ I Lot 5 1 L....#__.._--#~~ 1 1 ~I .~ rS"" 1 Block 2 I' qj (~~ 1 0936 AC . ~ 0"''''- I' I I~ !l'<~ I . 1 1;2 ,~0' ...j...._.._!Y'_.._.._.~......l ",_ I I 1M 0' 1 1 I, c.'r I Lot 4 Ilg , Block 2 I ~;:" : 0.936 AC : I~ I I 10 "" f-.._". ...J!'J'__.. --.. -.} -1'" I I I BRADLEY A. YOUNG I Lot 3 1 I ANO BEVERLY A, YOUNG ~ Block 2 : ~ VOL 14999, PC. 5 O,R T.C, 1. 'I 0.935 AC 1 I LOT 2 ~ ' I I 171 . I 1 i"A", 5,O~~f,o;', /;,l?,07IT,IP,RN,...,C..T .. ..t-"-"--"-"-'--'r-l v <> <> "'- <, J< l! I I I ... \ Lot 2 I L-~t. ...-,-- '\ 1 1 0 " Block 2 I '" <i';' " 0.918 AC :II Ii "" ,I I " lI'l I COtLEY AoomON , }:f I VOL .'\88-154. PG, 78 P.R 1C,1. ..,)....!l'l!'._..+.. \ I I .\ 1 I " Lot 1 I 1--'-''''''''--' I Block 2 I I 10.919 AC: ! I I ~ I 1 Ii 1 I I -I I I I I I L _..._....IIL J 1 I I Lot 1 Block 1 1.011 AC I I I 1 ... I- i ______1 I I I ! I I I I I PROP()s(D .35' Ro,w,lDEOICATlON ~r1l'3"1'4T'''r- ~..,.:m"------ $HEL TON ROAD ENGINEER: HAMIL TON CONSUL TING 601 HARwOOD ROAD HURST, Tx 7605<4 PH: 817- 268-0~Oa FAX: 817-26<4-8~08 LOT 2 LOT 1 LOT :; LOT 1 (,~ ~~~~~' ' -{l' 'V , ~~'il~'l;1~ "')''1 0'1' S"', ,'<ii ZONING EXHIBIT "A" rOR ZONlNG CHANGE REOUEST FROU AO TO R-~O ORDINANCE NO. 0-05-1519 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.0 ACRES OUT OF THE JOSEPH WHITE SURVEY, ABSTRACT 1692, FROM THE AG- AGRICULTURAL DISTRICT TO THE R40 SINGLE FAMILY 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) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Jeff Vanderpool on March 4, 2005, under Case No. Z-05-010; 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 0-05-1519 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. 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 AG-Agricultural district to the R40 Single Family Residential district, as depicted on the attached Exhibit "A" and described in the attached Exhibit "B". 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 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. Ordinance 0-05-1519 Page 3 of 3 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 - ZONING MAP EXHIBIT B - METES AND BOUNDS DESCRIPTION LEGAL DESCRIPTION PROPOSED R-40 ZONING Commencing at the POINT OF BEGINNING; said point being the southwest corner of a 4.007 tract in the Joseph White SUNey, Abstract 1692, City of Colleyville, Tarrant County, Texas, and being a portion of that certain tract of land as described in deed to Howard A. Rettig and wife in Volume 9846, Page 2204 of the Deed Records of Tarrant County, Texas; said point being in the approximate centerline of Shelton Road and being approximately 556.59 feet East of the southwest corner of said SUNey; THENCE North 00017'06" West along the west line of said Rettig tract, a distance of 916.12 feet to the southwest line of the St. Louis and Southern Railroad; THENCE North 4r30'08" East, along the southeast line of the St. Louis and Southern Railroad; a distance of 292.62 feet to a point for corner; THENCE South 1r05'14" East, within a 10.003 tract of land as described in deed to O. Leroy Chism and wife in Volume 3373, Page 616 and Volume 3381, Page 142 of the Deed Records of Tarrant County, Texas, a distance of 38.99 feet to a point for corner; THENCE South 00017'06" East, a distance of 644.58 feet to a point for corner; THENCE South 31035'48" East, a distance of 147.86 feet to a point for corner; THENCE South 89042'54" West, a distance of 129.39 feet to a point for corner; THENCE South 00015'14" East, along the east line of said Rettig tract, a distance of 305.05 feet to a point for corner; THENCE South 89053'41" West, along the approximate centerline of Shelton Road a distance of 174.99 feet to the POINT OF BEGINNING. EXHIBIT B - CONTINUED DT 1 S 17.05' 14 'i~' i.. 38 . 99 · LOT 2 ~ PROPOSED R-40 ZONING ~ " ~ ... t.I 'is::"; ,,~~ ~:I:"" dU", s::lIl;D 111M! . ....j!Sc:l :t:....ll.. (.Ill( ~IIlM ii:W"" W~~ ..JftJ d..J1:i > .... J " LOT I! BRADLEY A. BEVERLY va... 14999. ~e I .. CIIJJ,' S31.35'~ 147.86' LOT 1 .... ..."1 q.q; ,~ t' CD.. va... 38E -$ ~,\. 1'lIS'.1"W tl:lilO' /. S89 -53' 14"W - 174.99' CITY COUNCIL rrv.~ ~~~il~ 1t.'....;JS AGENDA BRIEFING MEETING DATE: ITEM#: ORDINANCE # : 04/05/05 8 0-05-1520 CITY MANAGER ! DEPARTMENT HEAD i FINANCE REVIEW ! Previous Action: None DEPARTMENT: FIRE SUBJECT: Approval of an amendment to Chapter 46, Article 1 - I n General, Article 2 of the Colleyville Code of Ordinances regarding the adoption of the 2003 International Fire Code First Reading and Public Hearing The 2000 Edition of the International Fire Code (IFC), with local amendments, was adopted by the City of Colleyville in July of 2002. Adoption of the 2003 Edition of the IFC will finalize the updating of our City codes. The Code Committee of the North Central Texas Council of Governments (NCTCOG) has reviewed each of the model codes including the International Building, Plumbing and Fire Code and has offered suggested amendments to each. Most of these local amendments provide for clarification on items and consistency between codes and neighboring communities. The local amendments to the 2003 IFC follow the changes made to the 2000 edition upon adoption in July of 2002. In addition to those changes, 1. The Fire Code provides for outdoor burning, provided the property owner obtains a permit from the Fire Code Official. Outdoor burning of debris within the City limits has long been prohibited. Developers would prefer to burn construction debris and cleared landscape rather than remove it from the site. In addition to the obvious fire hazard, the proximity of DFW Airport to Colleyville prohibits any allowance for outdoor fires. With the adoption of the 2000 IFC in July of 2002, the NCTCOG amendments prohibited all outdoor fires. This language also prohibited outdoor fireplaces, since they are considered within the definitions of "non-cooking" fires. With the adoption of the 2003 Edition, we will provide for a homeowner to have an outdoor fireplace that is attended and attached to the home. Agenda Briefing Ordinance 0-05-1520 Page 2 of 3 2. The International Fire Code requires fire sprinkler systems in all buildings with a gross square footage greater than 6,000 sq. ft. (5,000 sq. ft. in buildings that serve alcohol). This includes single family homes, but allows for a residential type system which is much more affordable than a commercial system. Several homebuilders approached us and advised that they had sub-divisions in progress which included homes with living areas less than 6,000 sq. ft. and garage areas that brought the structure over 6,000 sq. ft. We have, by policy, reviewed each of these homes and have excluded the sprinkler requirements for homes with actual living areas less than 6,000 sq. ft. Two issues have resulted; 1) home builders have permitted homes with stated living areas less than 6,000 sq. ft. and provided for "future rooms," "bonus rooms," and other livable areas to avoid the sprinkler requirement, and 2) those builders have found that, like Colleyville, this is a common standard throughout the area and sprinkler systems are becoming a more desirable amenity. The Colleyville market still suggests 4 or 5 bedroom homes with three living areas and a 3 or 4-car garage. The living area of these homes is typically between 4,500 and 5,500 sq. ft. With porches and garages, building size is approximately 6,800 to 7,200 sq. ft. Our amendment to the 2003 code requires a residential sprinkler system in homes with a living area greater than 6,000 sq. ft. or a total building size of greater than 7,500 sq. ft. With this clear definition, the home builder and buyer can make plans without the fear of a future remodel causing a retrofit of the entire structure. 3. The final amendment that is unique is the ability for the Code Official to require a new business to provide Automatic External Defibrillators in the building. We did this with Lifetime Fitness as a "trade-off" when, because of lot size and parking requirements, they were not able to provide a fire lane or access completely around the facility. As our Public Access Defibrillator program increases in popularity and success, we would like the ability to encourage larger businesses or those with high occupancy loads to include these devices during construction. The remainder of the local amendments provides for consistency between the Fire and Building Code and matches the NCTCOG recommendations. Financial Impact None Agenda Briefing Ordinance 0-05-1520 Page 3 of 3 Recommendation Approval Attachments · Ordinance 0-05-1520 ORDINANCE 0-05-1520 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 46, ARTICLE 1 - IN GENERAL, ARTICLE 2 - FIRE CODE, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE, TEXAS TO ADOPT THE 2003 EDITION OF THE INTERNATIONAL FIRE CODE; PROVIDING FOR THE ADOPTION OF LOCAL AMENDMENTS RECOMMENDED BY THE REGIONAL CODES COMMITTEE OF THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville has determined that it is in the best interest of the citizens of Colleyville, Texas to adopt the 2003 Edition of the International Fire Code; and WHEREAS, the City Council of the City of Colleyville has determined that it is in the best interest of the citizens of Colleyville, Texas to additionally adopt the local amendments to the 2003 Edition of the International Fire Code as recommended by the Regional Codes Committee of the North Central Texas Council of Governments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the above findings are hereby found to be true and correct and are incorporated herein in their entirety. Sec. 2. THAT Chapter 46, Fire Prevention and Protection, Article 1, In General, Section 46-1. Required construction standards for commercial buildings. (a) Exterior walls. The exterior walls of all commercial buildings constructed within the city limits shall be at least 75 percent masonry, glass, or other equivalent material. (b) Applicability. For the purpose of this section, the construction of a commercial building shall include but shall not be limited to all initial construction of a commercial building or any reconstruction, remodeling, or other modification of any existing commercial building, or the conversion to a commercial use of any preexisting building. For the purpose of this section, a "commercial building" shall mean and include any building which is intended to be used or which is actually used for any activity involving the offering, buying, selling, Ordinance 0-05-1520 Page 2 of 30 (c) manufacturing, assembly, trading, fabricating, delivering of goods and/or services, or any other activity, for profit as part of a business or commercial activity engaged in for gain or livelihood. (d) Variances. The City Council may grant a variance from the requirements of subsection (a) of this section if the City Council finds that: (1) The nature, type, and operation of the business or businesses to be conducted within the commercial building is not inherently susceptible to conflagration; (2) The design and location of the commercial building is such that masonry, glass, or equivalent construction would not facilitate the control of a fire in such building by the fire department; and (3) The structure is located in such an isolated area that there would be no danger of damage or injury to adjacent or surrounding property or improvements in the event of fire. Section 46-2. Limitations on use of roofing materials in multi-family residences. Roof assemblies shall be divided into the classes defined below. Class A, B, C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E or UL 790. In addition, fire-retardant-treated wood roof coverings shall be tested in accordance with ASTM 0 2898. The minimum roof coverings installed on buildings shall comply with Table 1505.1 listed Section 1505.1 of the International Building Code. (a) (footnote) Unless otherwise required in accordance with the Urban Wildland Interface Code or due to the location of the building within a fire district in accordance with Appendix 0 of the International Building Code. Section 1505.1, Fire Classification, International Building Code, amend footnote band c to read as follows: a. All individual replacement shingles or shakes shall be in compliance with the rating required by Table 1505.1, International Building Code. Sec. 3. Ordinance 0-05-1520 Page 3 of 30 b. Non-classified roof coverings shall be permitted on buildings of U occupancies having not more than 120 square feet of projected roof area. When exceeding 120 square feet of projected roof area, buildings of U occupancies may use non-rated non-combustible roof coverings. THAT Article II Fire Code, Section 46-31. International Fire Code 2003 adopted: There is adopted by the City Council for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion that certain code and standards known as the International Fire Code 2003 (IFC) including Appendices B, C, 0, E, F, and G as amended. Section 46-32. Same - Enforcement The fire code shall be administered and enforced by the office of the Fire Marshal, which is hereby established. The Fire Chief shall appoint the Fire Marshal and shall designate members of the fire department as may be necessary to enforce the provisions of this code. Section 46-33. Same - Definitions Wherever the word "jurisdiction" is used in the fire code adopted in section 46-31, it shall be held to mean the city. Wherever the phrase "Chief of the bureau of fire prevention" is used it shall be held to mean "Fire MarshaL" Section 46-34. Same - Conflicting Provision International Fire Code adopted; conflicting provisions: Adopted. The International Fire Code, 2003 edition, as recommended by the International Code Council, one copy of which is on file in the Office of the City Secretary, City of Colleyville, Texas, is hereby adopted and incorporated by reference and made a part of this article as the fire code of the City, subject to and including by reference such amendments, deletions, corrections, and additions as shall appear in this article. Ordinance 0-05-1520 Page 4 of 30 a. Conflicting provisions. In the event of a conflict between the provisions of the fire code adopted and incorporated in subsection (a) of this section and this Code of Ordinances, City of Colleyville, Texas, the provisions of this article shall prevail. Section 46-34.1 Same - Amendments The following sections, paragraphs, and sentences of the 2003 International Fire Code as adopted in Section 46-31 are hereby amended as follows: Standard type is text from the IFC. Underlined type is text inserted. (Lined through type is deleted text from IFe.) Section 101.1; change to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of the City of Colleyville, hereinafter referred to as "this code". Section 102.4; International Fire Code, change to read as follows: 102.4; Application of other codes. The design and construction of new structures shall comply with this code, and other codes as applicable, and any alterations, additions, changes in use or changes in structures required which are within the scope of this and other codes shall be made in accordance therewith. Section 102.4; change to read as follows: 102.4 Application of building other code~. The design and construction of new structures shall comply with this code. and other codes as applicable the International Building Codo. Repairs, alterations and additions to existing structures shall comply with this code and the International Existing Building Code. Section 102.6; change to read as follows: 102.6 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 45 and such codes. when specificallv adopted. and standards shall be considered part of the requirements of this code to the prescribed extent of each such reference. Where differences occur between the provisions of this code Ordinance 0-05-1520 Page 5 of 30 and the referenced standards, the provisions of this code shall apply. Whenever amendments have been adopted to the referenced codes and standards. each reference to said code and standard shall be considered to reference the amendments as well. Any reference to NFPA 70 or the ICC Electrical Code shall mean the Electrical Code as adopted. Section 103 is changed to read as follows: Section 103.1 General. The Fire Code shall be enforced by the Fire Prevention Division of the Fire Department. The function of this division shall be the implementation, administration, and enforcement of the provisions of this code. Section 103.2 Appointment. The Code Official (Fire Marshal) shall be appointed by the Fire Chief. Section 103.3 Deputies. The Fire Marshal, with the concurrence of the appointing authority, shall have the authority to appoint a deputy Code Official, other related technical officers, inspectors and other employees. Section 105.1.1 is changed to read as follows: Section 105.1.1 Permits Required. Permits required by this code shall be obtained from the Code Official. Permit fees, if any, shall be paid prior to the issuance of the permit. Permit fees are stipulated in Section 22-1, Code of Ordinances, City of Colleyville, Texas. Issued permits ... {balance unchanged}. Section 105.6.16, 105.6.35, and 105.7.9 are deleted. Section 109.3 is changed to read as follows: 109.3 Violation Penalties. Any person, firm or corporation who violates a provision of this code..., shall be guilty of a misdemeanor punishable by a fine of not more than Two Thousand Dollars ($2,000.00) or by imprisonment not exceeding twenty (20) days or both such fine and imprisonment. (Remainder unchanged). Ordinance 0-05-1520 Page 6 of 30 Section 111.4 is changed to read as follows: Section 111.4 Failure to comply. Any person, firm or corporation... shall be liable for a fine not to exceed Two Thousand Dollars ($2,000.00). Section 202; amend definition of Fire Watch as follows: Fire Watch. A temporary measure intended to ensure continuous and systematic surveillance of a building or portion thereof by one or more qualified individuals or standby personnel when required by the fire code official. for the purposes of identifying and controlling fire hazards, detecting early signs of unwanted fire, raising an alarm of fire and notifying the fire department. Section 202; add new definitions to read as follows: Emergency Access Easement. An access road or fire lane located on private property dedicated by the owner(s) of the property to provide fire apparatus access. High-Rise Building. Any structure used for human occupancy and/or storage more than 55 feet above the lowest level of fire department vehicle access. Self-Service Storage Facility. Real property designated and used for the purpose of renting or leasing individual spaces to customers for the purpose of storing and removing personal property on a self-service basis. Standby Personnel. Qualified fire service personnel, approved by the Fire Chief. When utilized, the number required shall be as directed by the Fire Chief. Charges for utilization shall be as normally calculated by the jurisdiction. Code Official. The Fire Chief, Fire Marshal, or member of the fire department charged with the duties of administration and enforcement of this code, or a duly authorized representative. Reviewed. Reviewed by the offrce of the Code Official/Fire Marshal office for code compliance. Contractor's Board. The Board of Appeals of the City of Colleyville, Texas Ordinance 0-05-1520 Page 7 of 30 City. Shall mean the City of Colleyville, Texas. Section 307; change to read as follows: 307.1 General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning. Exceptions: 1. Outdoor, attached fireplaces may be used but must be attended. 2. Outdoor, recreational fires are allowed provided they are enclosed in an approved chamber. Outdoor burning or open burning that may be offensive or objectionable because of smoke or odor emissions when atmospheric conditions or local circumstances make such fire hazardous shall be prohibited. 307.2 Permit. Delete. 307.2.1 Authorization. Delete. 307.2.2 Prohibited open burning. Except as provided in 307.1, open burning is prohibited. 307.3 Location. Delete. 307.3.1 Bonfires. Bonfires are prohibited. 307.3.2 Recreational Fires. Except as provided in 307.1, recreational fires are prohibited. Section 308.3.1; change to read as follows: 308.3.1 Open-flame cooking devices. Charcoal burners and other open-flame cooking devices shall not be operated or located on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exceptions: 1. One- and two-family dwellings. Ordinance 0-05-1520 Page 8 of 30 2. Where buildings, balconies and decks are protected by an approved automatic sprinkler system. Section 308.3.1.1; change to read as follows: 308.3.1.1 Liquefied-petroleum-gas-fueled cooking devices. When permitted as listed in the exceptions of Section 308.3.1. LP-gas burners having an LP-gas container with a water capacity greater than 2.5 pounds [nominal 1 pound (0.454 kg) LP-gas capacity] shall not be located on combustible balconies or within 10 feet (3048 mm) of combustible construction. Exception: One- and two-family dwellings. and other residential occupancies when those residential occupancies are in compliance with Section 308.3.1. exception #2. may have containers with a water capacity not qreater than 20 pounds (9.08 kq) rnominal 1 pound (0.454 kq) LP-qas capacityl. Section 405.1; change to read as follows: 405.1 General. Emergency evacuation drills complying with the provisions of this section shall be conducted in the occupancies listed in Section 1 01.2 Table 405.2 or when required by the fire code official. Drills shall be designed in cooperation with the local authorities. Section 408.5.4; change to read as follows: 408.5.4 Drill frequency. Emergency evacuation drills shall be conducted at least s'* twelve times per year, twe four times per year on each shift. Section 503.1.1; add the following sentence to the first paragraph: Except for single or two-family residences, the path of measurement shall be along a minimum of a ten feet (10') wide unobstructed pathway around the external walls of the structure. Section 503.2.1; change to read as follows: Ordinance 0-05-1520 Page 9 of 30 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 2G-24 feet (6096 mm 7315mm), except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 f-oet 6 inches (1115 fRfJ+.-j 14 feet (4267 mm). Exception: Vertical clearance may be reduced. provided such reduction does not impair access by fire apparatus and approved siqns are installed and maintained indicatinq the established vertical clearance when approved. Section 503.2.2; change to read as follows: 503.2.2 Authority. The fire code official shall have the authority to require an increase in the minimum access widths and vertical clearances where they are inadequate for fire or rescue operations. Section 503.3; change to read as follows: 503.3 Marking. '.^there required by the fire code official, ::lpproved Approved stripinq or, when allowed by the code official. signs, or both. -ef other ::lpproved notices shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. Signs or notices and stripinQ shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. (1) Stripinq - Fire apparatus access roads shall be marked by painted lines of red traffic paint six inches (6") in width to show the boundaries of the lane. The words "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" shall appear in four inch (4") white letters at 15 feet intervals on the red border markinqs alono both sides of the fire lanes. Where a curb is available. the stripinq shall be on the vertical face of the curb. (2) Siqns - Siqns shall read "NO PARKING FIRE LANE" or "FIRE LANE NO PARKING" and shall be 12" wide and 18" hiqh. Siqns shall be painted on a white backqround with letters and borders in red. usinq not less than 2" letterinq. Siqns shall be permanently affixed to a stationary post and the bottom of the siqn shall be six feet. six inches (6'6") above finished qrade. Siqns shall be spaced Ordinance 0-05-1520 Page 10 of 30 not more than fifty feet (50') apart. Siqns may be installed on permanent buildinqs or walls or as approved by the Fire Chief. Section 503.4; change to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, including the parking of vehicles. The minimum widths and clearances established in Section 503.2.1 and any area marked as a fire lane as described in Section 503.3 shall be maintained at all times. Section 505.3; add section as follows: Section 505.3 as follows: If required by the fire code official. exterior doors shall be numbered on the inside and outside of each door. Door identification shall be a minimum of 4 inch (102mm) with a minimum stroke width of 0.5 inch (12.7mm) and shall contrast with their backoround. Section 508; change to read as follows: 508.5.1. Where reQuired. When a portion of the facility or building hereafter constructed or moved into or within the iurisdiction is more than 300 feet from a fire hydrant on the fire apparatus access road. as measured by an approved route around the exterior of the facility or buildinq. on-site fire hydrants and water mains shall be provided where required by the Fire Marshal. Exception: For Group R-3 and Group U occupancies. the distance requirement shall be 500 feet. Exception 2 is deleted. Section 508.5.7; add to read as follows: 508.5.7, Fire hydrants. All fire hydrants located on public or private property, shall be installed in accordance with the Code of Ordinance, City Ordinance 0-05-1520 Page 11 of 30 of Colleyville, Texas. Appendix A, Water and Sewer Policy and Procedure Manual, Section 7, sub-section c. Section 508.5.8; add to read as follows: 508.5.8, Fire hydrant location. The location of fire hydrants on private property or along a fire access road shall be approved by the Fire Marshal. Section 508.5.9; add to read as follows: 508.5.9 Fire hydrants not installed on public streets. Fire hydrants that are not on public streets shall be looped to provide a water supply from two directions. Section 508.5.10; add to read as follows: 508.5.10, Fire hydrant markings: All fire hydrants shall be identified by the painting of the body a Kem-Lustral Vermillion Red or an equivalent coating. Equivalent must be approved by the Fire Marshal. The Fire Marshal may approve an alternative marking of existing hydrants. Section 508.5.11; add to read as follows: 508.5.2.5, Hydra-Storz connections, All fire hydrants whether on private property, public or a private street, shall be equipped with a five inch (5") Hydra-Storz connector on the four and one half inch (4-1/2") steamer outlet. Section 511; add to read as follows: Section 511. Public access defibrillators. Where, based on occupancv tvpe. load or use. other otherwise as required by the fire code official. Automatic External Defibrillators (AED) shall be placed throuqhout the buildinq. The fire code official shall determine the number and type of AED required. The fire code official may require that occupants be trained in the use of the AED device. Ordinance 0-05-1520 Page 12 of 30 Section 704.1; change to read as follows: 704.1 Enclosure. Interior vertical shafts, including but not limited to stairways, elevator hoistways, service and utility shafts, that connect two or more stories of a building shall be enclosed or protected in accordance with the codes in effect at the time of construction but, reqardless of when constructed. not less than as specified in Table 704.1. When openings are required to be . . . {remainder of section unchanged}. Section 803.3.2 and Section 803.4.2; add an exception to read as follows: Exception: Corridors protected by an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 shall be limited to 50 percent of the wall area. Section 804.1.1; add a second exception to read as follows: Exception~: L{existing exception unchanged} 2. Trees shall not be prohibited inside private dwellinq units of Group R-2 Occupancies. Section 901.4; changed to read as follows: 901.4 Installation. Fire protections systems shall be maintained in accordance with the original installation standards for that system. Required fire protection systems shall be extended, altered, or augmented as necessary to maintain and continue protection whenever the building is altered, remodeled or added to. Any alteration to the fire protection system must be approved and a permit issued by the Fire Marshal. Hydrostatic testing of the system may be required prior to the acceptance of any system alteration. Section 901.7; change to read as follows: 901.7 Systems out of service. Where a required fire protection system is out of service or in the event of an excessive number of activations, the fire department and the code official shall be notified immediately and, where required by the code official, the building shall either be evacuated Ordinance 0-05-1520 Page 13 of 30 or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Section 902.1; Definition of "Fire Area", change to read as follows: 902.1, Fire Areas. The aggregate floor area of a building regardless of the installation of fire walls, fire barriers, fire partitions, or demising walls. For the purpose of square footage requirements for a fire sprinkler system, the total building will be considered one structure. Buildings must be separated by a least twenty (20') feet to be considered separate buildings. Section 902.1; under "Standpipe, Types of' definition, amend "Manual dry" by adding a sentence to read as follows: The system must be supervised as specified in Section 905.2. Section 903.1.2 change to read as follows: 903.3.1.2 NFPA 13R Sprinkler System. Where allowed in buildings of Group R, up to and including four stories in height, automatic sprinkler systems shall be installed in accordance with NFPA 13R. Exception: 1. Mixed use buildinqs. In buildinqs that include or may include multiple types of occupancies. the fire official may desiqnate the type of system and number of standpipes required. Section 903.2; delete the exception. Add Section 903.2.8.3 to read as follows: 903.2.8.3 Self-service storaQe facilitv. An automatic sprinkler system shall be installed throuqhout all self-service storaqe facilities. Ordinance 0-05-1520 Page 14 of 30 Exception: One-story self-service storaqe facilities that have no interior corridors. with a one-hour fire barrier separation wall installed between every storaqe compartment. Section 903.2.10; amend 903.2.10.3 and add 903.2.10.4, 903.2.10.5, and 903.2.10.6 as follows: 903.2.10.3 Buildings more than sa 35 feet in height. An automatic sprinkler system shall be installed throughout buildings with a floor level~ other than penthouses in compliance with Section 1509 of the International Buildina Code. having 3n occup3nt load of 30 or mora that is located aa 35 feet (16 761 10 668mm) or more above the lowest level of fire department vehicle access. Exception: 1. Airport control towers. &-Open parking structures in compliance with Section 406.3 of the International Buildinq Code. 3. Occup::lncios in Group F 2. 903.2.10.4 High-Piled Combustible Storage. For any buildinq with a clear heiqht exceedinq 12 feet (4572 mm). see Chapter 23 to determine if those provisions apply. 903.2.10.5 SDrav Booths and Rooms. New and existinq spray booths and sprayinq rooms shall be protected by an approved automatic fire- extinquishinq system. 903.2.10.6 Buildings Over 6,000 SQ. ft. An automatic sprinkler system shall be installed throuqhout all buildinqs with a buildinq area over 6.000 SQ. ft. For the purpose of this provision. fire walls shall not define separate buildinqs. Exceptions: 1. Open parkinq qaraqes in compliance with Section 406.3 of the International Buildinq Code. 2. Type A-5. Ordinance 0-05-1520 Page 15 of 30 Section 903.2.10.7; add section 903.2.10.7 to read as follows: 903.2.10.7 Automatic Sprinkler ReQuirements for Group R-3. An automatic sprinkler system shall be installed in all Group R3 buildinqs with a buildinq area over 7.500 SQ. ft. or Iivinq area over 6,000 SQ. ft. For the purpose of this provision. Iivinq area shall include all areas included in "air conditioned", future or "bonus rooms" or other areas determined to be actual or intended livinq areas. Section 903.3.1.1.1; change to read as follows: 903.3.1.1.1 Exempt locations. When approved by the code official. automatic Automatic sprinklers shall not be required in the following rooms or areas where such. . . {bulk of section unchanged} . . . because it is damp, of fire-resistance-rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the code official. 3. Generator and transformer rooms. under the direct control of a public utility. separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours. '1. In rooms or are::lS th::lt are of noncombustible construction 'Nith ,..,holly noncombustible contents. Section 903.3.5; add a second paragraph to read as follows: Water supply as required for such systems shall be provided in conformance with the supply requirements of the respective standards; however. every fire protection system shall be desiqned with a 10 psi safety factor. Section 903.4; Sprinkler system monitoring and alarms, delete exception 2. Ordinance 0-05-1520 Page 16 of 30 Section 903.4; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory siqnal at the central station upon tamperinq. Section 903.6.2; add to read as follows: 903.6.2 Spray booths and rooms. New and existinq spray booths and spray rooms shall be protected by an approved automatic fire- extinquishinq system in accordance with Section 1504. Section 905.2; change to read as follows: 905.2 Installation standards. Standpipe systems shall be installed in accordance with this section and NFPA 14. Manual dry standpipe systems shall be supervised with a minimum of 10 psiq and a maximum of 40 psiq air pressure with a hiqh/low alarm. In addition to this section. the fire code official may require the installation of standpipe systems in buildinqs where because of type of occupancy, access or use requires additional fire protection. The fire code official may desiqnate the type and location of standpipes within this system. Section 905.3.2; delete exceptions #1 and #2. Section 905.4, item #5; change to read as follows: 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), each standpipe shall be provided with a two-way hose connection located either . . . {remainder of paragraph unchanged} . . . Ordinance 0-05-1520 Page 17 of 30 Section 905.9; add a second paragraph after the exceptions to read as follows: Sprinkler and standpipe system water-flow detectors shall be provided for each floor tap to the sprinkler system and shall cause an alarm upon detection of water flow for more than 45 seconds. All control valves in the sprinkler and standpipe systems except for fire department hose connection valves shall be electrically supervised to initiate a supervisory siqnal at the central station upon tamperinq. Add Section 907.1.3 to read as follows: 907.1.3 Design Standards. All alarm systems new or replacement shall be analog intelligent addressable fire detection systems. Exception: Existinq systems need not comply unless the total buildinq remodel or expansion initiated after the effective date of this code. as adopted, exceeds 30% of the buildinq. When cumulative buildinq remodel or expansion exceeds 50% of the buildinq must comply within 18 months of permit application. Section 907.2.3; change to read as follows: 907.2.3 Group E. A manual fire alarm system shall be installed in Group E educational occupancies. When automatic sprinkler systems or smoke detectors are installed, such systems or detectors shall be connected to the building fire alarm system. An approved smoke detection system shall be installed in Group E day care occupancies. Unless separated by a minimum of 100' open space. all buildinqs. whether portable buildinqs or the main buildinq. will be considered one buildinq for alarm occupant load consideration and interconnection of alarm systems. Section 907.2.3; change exception #1 and add exception #1.1 to read as follows: 1. Group E educational and day care occupancies with an occupant load of less than 50 when provided with an approved automatic sprinkler system. 1.1. Residential In-Home dav care with not more than 12 children may use interconnected sinqle station detectors in all habitable rooms. (For Ordinance 0-05-1520 Page 18 of 30 care of more than five children 2 1/2 or less years of aqe. see Section 907.2.6.) Section 907.2.8.3 add section to read as follows: 907.2.8.3 Carbon Monoxide Detectors. An approved Carbon Monoxide detection system shall be installed and maintained in all buildinqs that include an underqround qaraqe or vehicle storaqe area and in buildinqs that provide parkinq as part of the structure. The detection system shall be monitored and shall siqnal an alarm as part of the fire alarm panel. Exception: 1. Group R Division 3. Section 907.2.12; change to read as follows: 907.2.12 High-rise buildings. Buildings having any floors used for human occupancy located more than ~ 55 feet (22 860 16 764 mm) above the lowest level of fire department vehicle access shall be provided with an automatic fire alarm system and an emergency voice/alarm communications system in accordance with Section 907.2.12.2. Section 907.2.12, exception #3; change to read as follows: 3. Buildings with an occupancy in Group A-5 in accordance with Section 303.1 of the International Building Code~ when used for open air seatinq: however. this exception does not apply to accessory uses includinq but not limited to sky boxes. restaurants and similarly enclosed areas. Section 907.4; add a second paragraph to read as follows: Manual alarm actuatinq devices shall be an approved double action type. Add Section 907.6.1 to read as follows: 907.6.1 Installation. All fire alarm systems shall be installed in such a manner that the failure of anv sinqle alarm-actuatinq or alarm-indicatinq Ordinance 0-05-1520 Page 19 of 30 device will not interfere with the normal operation of any other such devices. All systems shall be Class "A" wired with a minimum of six feet separation between supply and return loops. IDC - Class "A" style - 0 - SLC Class "A" Style 6 - notification Class "B" Style Y. Section 907.9.2; change to read as follows: 907.9.2 High-rise buildings. In buildings that have any floor located more than 7fJ 55 feet (22 860 16 764 mm) above the. . . {remainder of section unchanged}. Section 1008.1.3.4; add criteria #7 as follows: 7. If a full buildinq smoke detection system is not provided. approved smoke detectors shall be provided on both the access and eqress sides of doors and in a location approved by the authority having iurisdiction of NFPA 72. Actuation of a smoke detector shall automatically unlock the door. Section 1016.1; add an exception #5 to read as follows: 5. In Group B office buildings, corridor walls and ceilings need not be of fire-resistive construction within office spaces of a single tenant when the space is equipped with an approved automatic smoke-detection system within the corridor. The actuation of any detector shall activate alarms audible in all areas served by the corridor. The smoke- detection system shall be connected to the building's fire alarm system where such a system is provided. Section 1019.1.8; change to read as follows: 1019.1.8 Smokeproof enclosures. In buildings required to comply with Section 403 or 405, each of the exits of a building that serves stories where tRe any floor surface is located more than 7fJ 55 feet (22 860 16 764 mm) above the lowest level of fire . . . {remainder of section unchanged}. Section 1504.6; change to read as follows: Ordinance 0-05-1520 Page 20 of 30 1504.6 Fire Protection. New and existinq spray Spr::lY booths and spray rooms shall be protected by an approved automatic fire-extinguishing system '" [remainder of section unchanged} ... Section 2302; add a second paragraph to the definition of "High- Piled Combustible Storage" to read as follows: Any buildinq exceedinq 6.000 Sq.ft. that has a clear heiqht in excess of 12 feet. makinq it possible to be used for storaqe in excess of 12 feet. shall be considered to be hiqh-piled storaqe and shall comply with the provisions of this section. When a specific product cannot be identified. a fire protection system shall be installed as for Class IV commodities, to the maximum pile heiqht. Section 3301.1.3; change to read as follows: 3301.1.3 Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited. Exceptions: 1. Only when approved for fireworks displays. storage and handling of fireworks as provided permitted in Section 3304 and 3308. 2. Manuf:Jcture, assembly ::lnd testing of fireworks ::lS permitted in Section 3301. 3. The use of fireworks for approved display as permitted in Section 3308. 1. The possession.. .consumer fire\\'orks. Section 3302; change the definition of "fireworks" to read as follows: FIREWORKS. Any composition or device for the purpose of producing a visible or an audible effect for entertainment purposes by combustion, deflagration, aM detonation. and/or activated by iqnition with a match or other heat producinq device that meets the definition of 1.4G fireworks or 1.3G fireworks as set forth herein. Section 3403.6; add a sentence to read as follows: Ordinance 0-05-1520 Page 21 of 30 An approved method of secondary containment shall be provided for underground tank and piping systems. Section 3404.2.11.5; add a sentence to read as follows: An approved method of secondary containment shall be provided for underground tank and piping systems. Section 3404.2.11.5.2; change to read as follows: 3404.2.11.5.2 Leak detection. Underground storage tank systems [bulk of provision unchanged} ... and installed in accordance with NFPA 30 and as specified in Section 3404.2.11.5.3. Section 3404.2.11.5.3; add to read as follows: 3404.2.11.5.3 Dry sumps. Approved samplinq tubes of a minimum 6 inches in diameter shall be installed in the backfill material of each underqround flammable or combustible liquid storaqe tank. The tubes shall extend from a point 12 inches below the averaqe qrade of the excavation to qround level and shall be provided with suitable surface access caps. Each tank site shall provide a samplinq sump at the corners of the excavation with a minimum of 4 sumps. Samplinq tubes shall be placed in the product line excavation within 10 feet of the tank excavation and one every 50 feet routed alonq product lines towards the dispensers. a minimum of two are required. Section 3406.5.4.5; change to read as follows: 3406.5.4.5 Commercial, industrial, aovernmental or manufacturina. Dispensinq of Class II and III motor vehicle fuel from tank vehicles into the fuel tanks of motor vehicles located at commercial, industrial. qovernmental or manufacturinq establishments is allowed where permitted. provided such dispensinq operations are conducted in accordance with Sections 3406.5.4.5.1 throuqh 3406.5.4.5.3. 3406.5.4.5.1 Site requirements. 1. Dispensinq may occur at sites that have been permitted to conduct mobile fuelinq. Ordinance 0-05-1520 Page 22 of 30 2. A detailed site plan shall be submitted with each application for a permit. The site plan must indicate: a. all buildinqs. structures. and appurtenances on site and their use or function: b. all uses adiacent to the property lines of the site: c. the locations of all storm drain openinqs, adiacent waterways or wetlands: d. Information reqardinq slope. natural drainaqe. curbinq. impounding and how a spill will be retained upon the site property: and. e. The scale of the site plan. 3. The Code Official is authorized to impose limits upon: the times and/or days durinq which mobile fuelinq operations are allowed to take place and specific locations on a site where fuelinq is permitted. 4. Mobile fuelinq operations shall be conducted in areas not qenerally accessible to the public. 5. Mobile fuelinq shall not take place within 15 feet (4.572 m) of buildinqs. property lines. or combustible storaqe. 3406.5.4.5.2 RefuelinQ Operator ReQuirements. 1. The owner of a mobile fuelinq operations shall provide to the iurisdiction a written response plan which demonstrates readiness to respond to a fuel spill. carry out appropriate mitiqation measures. and to indicate its process to properly dispose of contaminated materials when circumstances require. 2. The tank vehicle shall comply with the requirements of NFPA 385 and Local. State and Federal requirements. The tank vehicle's specific functions shall include that of supplyinq fuel to motor vehicle fuel tanks. The vehicle and all its equipment shall be maintained in qood repair. Ordinance 0-05-1520 Page 23 of 30 3. Siqns prohibitinq smokinq or open flames within 25 feet (7.62 m) of the tank vehicle or the point of fuelinq shall be prominently posted on three sides of the vehicle includinq the back and both sides. 4. A fire extinquisher with a minimum ratinq of 40:BC shall be provided on the vehicle with siqnaqe clearly indicatinq its location. 5. The dispensinq nozzles and hoses shall be of an approved and listed ~ 6. The dispensinq hose shall not be extended from the reel more than 100 feet (30.48m) in lenqth. 7. Absorbent materials. non-water absorbent pads. a 10 foot (3.048 m) lonq containment boom. an approved container with lid. and a non- metallic shovel shall be provided to mitiqate a minimum 5-qallon fuel millL 8. Tanker vehicles shall be equipped with a fuel limit switch such as a count-back switch. Iimitinq the amount of a sinqle fuelinq operation to a maximum of 500 qallons (1893 L) between resettinqs of the limit switch. Exception: Tankers utilizinq remote emerqency shut-off device capability where the operator constantly carries the shut-off device which. when activated. immediately causes flow of fuel from the tanker to cease. 9. Persons responsible for dispensinq operations shall be trained in the appropriate mitiqatinq actions in the event of a fire. leak. or spill. Traininq records shall be maintained by the dispensinq company and shall be made available to the Code Official upon request. 10. Operators of tank vehicles used for mobile fuelinq operations shall have in their possession at all times an emerqency communications device to notify the proper authorities in the event of an emerqency. 3406.5.4.5.3 Operational Reauirements. 1. The tank vehicle dispensinq equipment shall be constantly attended and operated only by desiqnated personnel who are trained to handle and dispense motor fuels. Ordinance 0-05-1520 Page 24 of 30 2. Prior to beqinninq dispensinq operations, precautions shall be taken to assure iqnition sources are not present. 3. The enqines of vehicles beinq fueled shall be shut off durinq dispensinq operations. 4. Niqht time fuelinq operations shall only take place in adequately liqhted areas. 5. The tank vehicle shall be positioned with respect to vehicles beinq fueled so as to preclude traffic from drivinq over the delivery hose and between the tank vehicle and the motor vehicle beinq fueled. 6. Durinq fuelinq operations. tank vehicle brakes shall be set. chock blocks shall be in place and warninq Iiqhts shall be in operation. 7. Motor vehicle fuel tanks shall not be topped off. 8. The dispensinq hose shall be properly placed on an approved reel or in an approved compartment prior to movinq the tank vehicle. 9. The Code Official and other appropriate authorities shall be notified when a reportable spill or unauthorized discharqe occurs. Add Section 3803.2.1.8 to read as follows: 3803.2.1.8 Jewelrv Repair, Dental Labs and Similar Occupancies. Where natural qas service is not available. portable LP-Gas containers are allowed to be used to supply approved torch assemblies or similar appliances. Such containers shall not exceed 20-pound (9.0 kq) water capacity. Aqqreqate capacity shall not exceed 60-pound (27.2 kq) water capacity. Each device shall be separated from other containers by a distance of not less than 20 feet. Section 3804.2; add an exception #2 to read as follows: Exception~: L{existing exception unchanged} Ordinance 0-05-1520 Page 25 of 30 2. Except as permitted in 308.3 and 3804.3.2. LP-qas containers are not permitted in residential areas. Add Section 3804.3.2 to read as follows: 3804.3.2 Spas, Pool Heaters and other listed devices. Where natural qas service is not available. LP-Gas containers are allowed to be used to supply spa and pool heaters or other listed devices. Such containers shall not exceed 250-qallon water capacity. See Table 3804.3 for location of containers. Appendix D Fire Department Access Roads Section D103.4; Change Table D103.4 as follows: REQUIREMENTS FOR DEAD-END FIRE APPARATUS ACCESS ROADS LENGTH WIDTH TURNAROUNDSREQWRED (feet) (feet) 0-150 24 None Required 150-700 24 100' Diameter Cul-de-Sac or 120' Hammerhead Over 700 Special Approval Required Delete Figure D103.1 Section D103.5 Fire apparatus access road Gates; change to read as follows; 1. The minimum gate width shall be 24 feet. Section 46-35; Appeals. Whenever the Code Official disapproves or refuses to grant a permit applied for, or when it is claimed that the provision of the code adopted in Section 46.31, International Fire Code, does not apply or that the true Ordinance 0-05-1520 Page 26 of 30 intent and meaning of the code adopted in Section 46.31, International Fire Code, have been misconstrued or wrongly interpreted, the person that applied for the permit may appeal from the decision of the Code Official to the City of Colleyville Contractor's Board within 30 days from the date of the Code Official decision. Section 46-36; Establishment of limits of districts in which storage of flammable or combustible liquids is prohibited. The storage of flammable or combustible liquids in an outside above ground storage is prohibited. Exceptions: a. An exception may be granted by the Fire Marshal during an emergency operation, at construction sites, and other locations where underground installations cannot be utilized. At no time will the sale or distribution of flammable or combustible liquids be allowed from above ground storage tanks by gravity, portable pump powered by vehicle batteries or pneumatic pressure. b. Above ground fuel tanks that comply with International Fire Code, Chapter 34, may be allowed for commercial and retail purposes when permitted by the Fire Marshal. c. The storage of flammable or combustible liquids at construction sites shall require a permit from the Fire Marshal's office. All fuel tanks shall be at least ten (10) feet off the roadway. Section 46-37; Establishment of limits of districts in which storage of explosives and blasting agents is prohibited: a. The storage of explosives or blasting agents within the city limits is prohibited without a permit from the Fire Marshal. b. No motor vehicle designed or utilized to transport explosives or blasting agents, or required a Department of Transportation (DOT) warning placards, shall be parked within the city limits without a Fire Marshal's permit. Exception: Vehicles may be parked for one (1) hour for the purpose of loading or off..;,loading cargo or eating a meal. Section 46-38; Establishment of limits in which bulk storage of liquefied petroleum gases is restricted. Ordinance 0-05-1520 Page 27 of 30 a. The storage, sale, and distribution of Liquefied Petroleum Gas (LPG) prohibited in all heavily populated and congested commercial areas of the city. b. The storage, sale, and distribution or installation of Liquefied Petroleum Gas (LPG) systems on vehicles shall meet the regulations and guidelines of the Texas Railroad Commission, Chapter 38 of the International Fire Code, NFPA 58, and the International Fuel Gas Code. c. The storage, sale, and distribution of Liquefied Petroleum Gas (LPG) must have a permit from the Fire Marshal. d. A permit shall be required for the installation, alteration and/or removal of a Liquefied Petroleum Gas (LPG) tank. The permit shall be obtained before the start of any work and the cost of the permit shall be by the Fee Schedule of the Code of Ordinance, City of Colleyville, Texas. e. Where portable Liquefied Petroleum gas (LPG) containers are required for jewelry repair, dental labs, portable cookers and other services, individual containers shall not exceed 20 pound water capacity and the aggregate capacity on premises shall not exceed 60 pounds water capacity (3 containers). Each container shall be separated from other containers by a distance of not less than twenty (20) feet. Exception: Such events where commercial outdoor cooking is required, provided a permit is issued by the Fire Marshal's office and the site is inspected by the Code Official. 46-38.1, Establishing a standard and limits for Compressed Natural Gas (CNG). a. The storage of Compressed Natural Gas (CNG) is prohibited in all heavily populated and congested commercial areas of the city. b. The storage, sale, distribution or installation of vehicular fuel systems on vehicles shall be in accordance with the International Fuel Gas Code, NFPA 52, and related standard and regulation of the International Fire Code, and the International Fuel Gas Code. c. The storage, sale, distribution, removal, alteration or modification of a Compressed Natural Gas (CNG) must have a site inspection before the work begins d. A permit is required from the Fire Marshal's office. Ordinance 0-05-1520 Page 28 of 30 46.38.2; Liquefied Natural Gas (LNG), Establishing a standard and limits for Liquefied Natural Gas (LNG) a. The storage of Liquefied Natural Gas (LNG) is prohibited in all heavily populated and congested commercial areas of the city. b. The storage, sale, distribution, or installation of a vehicular fuel system shall be in accordance with the International Fuel Gas Code, Texas Railroad Commission, NFPA 55, NFPA 57, and related Chapters of the International Fire Code. c. Any storage, sale, distribution, shall require a permit from the Fire Marshal's office. Section 46-39; New materials, processes or occupancies which may require permits. The Fire Chief, Fire Marshal and the Building Official shall act as a committee to determine and specify, after giving affected persons an opportunity to be heard, and new materials, processes or occupancies for which permits are required. The committee shall review codes adopted to determine if the product meets or exceeds the code standards. The Fire Marshal shall post such materials listing in a conspicuous place at the office of the Fire Administration and distribute copies thereof to interested persons. Section 46-40; Penalties, Any person, firm or corporation violating any of the provisions of this code shall be fined as provided for in Section 1-6 of the Code of Ordinance, City of Colleyville, Texas. Now, be it known that Section 46 of the Code of Ordinance, City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance: Sec. 4. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Ordinance 0-05-1520 Page 29 of 30 Section 22-1 Fire protection equipment services and contractors (b) Fee Schedule: (b) Fee Schedule: Permit Description Fee Hazardous Materials Vehicle (Required to have DOT Placard) $ 50.00 Security Gates (Required 3 set of detail plans) $ 50.00 Plus $25.00 per required sign. Storage of Flammable or Combustible Liquids at Construction $ 50.00 Sites Installation of Compressed Natural Gas (CNG) Container or $ 50.00 Stations Removal, relocation of Compressed Natural Gas (CNG) $ 50.00 Container or Station Installation of liquid Petroleum Gas (LPG) Container $ 50.00 Removal, relocation of Liquid Petroleum Gas (LPG) Container $ 50.00 Installation of Liquefied Natural Gas (LNG) Container or Station $ 50.00 Removal, relocation of Liquefied Natural Gas (LNG) Container $ 50.00 or Station Fire Alarm (New) 3 sets of detailed plans $ 50.00 Fire Alarm (Alteration or relocation) 3 sets of detailed plans $ 50.00 Fixed Fire Protection System (New) 3 sets of detailed plans $ 50.00 Fixed Fire Protection System (Alteration or relocation) 3 sets of $ 50.00 detailed plans Fire Sprinkler System (New) 3 sets of detailed plans - Aboveground 1 to 50 heads $100.00 51 to 500 Heads $150.00 500 Heads and over $200.00 Fire Sprinkler System (Relocation or modification) 3 sets of detailed plans - Underground a. Inspection is required before ditch is covered b. 2 hour / 200 lb. test is required $ 50.00 Spray Booths (New) 3 sets of detailed plans $ 50.00 Spray Booths (Modification or relocation) 3 sets of detailed $ 50.00 plans Fireworks display - Site inspection is required $100.00 Flammable and combustible liquids: a. Repair or modify a pipeline $100.00 b. Product removal from Underground Storage $ 50.00 tank Ordinance 0-05-1520 Page 30 of 30 $ 50.00 $ 50.00 $ 50.00 $100.00 $ 50.00 AND SO IT IS ORDERED. PASSED BY A VOTE OF _AYES, _NAYS AND _ABSTENTIONS ON THIS THE DAY OF 2005. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TMRC City Secretary Joe Hocutt Mayor Matthew C. G. Boyle City Attorney CITY COUNCIL cce'" AGENDA BRIEFING 'rC'Xtl$ MEETING DATE: I 04/05/05 ITEM # : 9 ORDINANCE #: i 0-05-1521 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of an amendment to the Master Thoroughfare Plan, Case G-05-006 First Reading and Public Hearing Backqround The Master Thoroughfare Plan is used as a guide to illustrate the general location, of the future major roadway, comprising the traffic circulation network proposed to serve Colleyville upon ultimate build-out of the community. The Master Thoroughfare Plan is enforced through the subdivision platting process. Since the Master Thoroughfare Plan shows the general location of the future collector roadway system, the precise alignment is determined at the time of platting. As properties develop, right-of-way is obtained and incrementally, the roadway network is put into place. The current Master Thoroughfare Plan was adopted by the City Council with the approval of Resolution R-98-1408 on September 1, 1998. The Master Thoroughfare Plan was amended on December 21, 1999, (Ordinance 0-99-1198) to re-c1assify Glade Road from a two-lane roadway to a future four-lane facility from Village Park Drive to Riverwalk Drive. With that same ordinance, Thompson Terrace was also changed from a two-lane roadway to a three- lane minor collector. In 2003 and 2004, during the preparation of the Colleyville Master Plan update, there was considerable discussion regarding the location and need for the future un-named north-south collector roadway that would extend between L. D. Lockett Road and McDonwell School Road and run parallel with Precinct Line Road. The purpose of the four-lane collector street is to provide traffic circulation for the future commercial area along Precinct Line Road and to serve as a buffer between the Precinct Line commercial area and the residential areas located further to the east. The need for the four-lane roadway and the location of the alignment as shown on the currently adopted Master Thoroughfare Plan was questioned during discussions of the Planning and Zoning Commission and during the series of neighborhood meetings for the Master Plan update in 2003 and 2004. The reduction in the depth of the future commercial area along Precinct Line Road from approximately 1,500 feet, on the previously adopted future land use plan in 1998, to approximately 900 feet of commercial depth, on the most recently adopted future land use plan, provided an opportunity to consider relocating the north-south collector street, yet still afford adequate circulation to support the Precinct Line Road commercial area and also serve as a physical separator between the future commercial areas Agenda Briefing Ordinance 0-05-1521 Page 2 of 3 on the west and the residential areas on the east. Additionally, during the development of the recent Master Plan update, there was some concern regarding the need for a four-lane roadway having 80 feet of right-of-way width. There were many comments from citizens and several Planning and Zoning Commission members who felt that a two-lane facility constructed with 60 or 70 feet of right-of-way would be adequate to satisfy traffic circulation needs for this area. Sufficient right-of-way width should be retained through the platting and development processes to accommodate a future trail route through this area, in addition to the roadway. The current trail route shown on the 1999 Colleyville Pathways Plan is located immediately adjacent to Precinct Line Road and one of the goals being considered, in the update to the trails plan, is to relocate the trail route away from the busy traffic along Precinct Line Road. The Planning and Zoning Commission held two public hearings and considered several different alignments for the future collector street, including the deletion of the previously approved future collector street from the Master Thoroughfare Plan all-together. The public hearings were held on February 28 and March 14, 2005. To obtain citizen input, notice of the public hearings was mailed to the 24 property owners potentially impacted by the existing or proposed alignments. Notice of the public hearings was also published in the Fort Worth Star- Telegram. The following is a brief description of each roadway alignment considered by the Planning and Zoning Commission. Alignment '~" - The attached Exhibit 1 shows the location of Alignment "A", which is the general location of the north-south collector street as shown on the currently adopted Master Thoroughfare Plan. This route is situated on the west side of the Rosewood Villas subdivision near the northern terminus of this alignment and approximately 200 feet east of the Emerald Park subdivision near the southern terminus of this proposed roadway. Alignment "B" - The attached Exhibit 2 shows the proposed alignment of a north-south collector street at a location that is nearer to Precinct Line Road than originally proposed in Alignment "A". This alignment is situated approximately 400 feet west of the Rosewood Villas subdivision at the northern terminus of the proposed roadway and adjacent to the west side of the Emerald Park subdivision at the southern end of the roadway. Alignment "C" - The attached Exhibit 3 shows the proposed north-south collector street situated adjacent to the east side of the new Keller elementary school site, then continuing southward along the west side of the Emerald Park subdivision. Alignment "0" - This proposed alignment, attached as Exhibit 4, utilizes the southern portion of Alignment "A" between L. D. Lockett Road and Lavaca Trail and the northern portion of Alignment "C" between Lavaca Trail and McDonwell School Road. The connection between the two segments follows Lavaca Trail. Alignment "E" - This proposed alignment, attached as Exhibit 5, is situated on the east side of Agenda Briefing Ordinance 0-05-1521 Page 3 of 3 the Keller elementary school site, then extends south to a point near the northwest corner of the Emerald Park subdivision, which then turns to the west and connects with Precinct Line Road. Planninq and Zoninq Commission Action. During the two public hearings held on February 28 and March 14, 2005, the Planning and Zoning Commission received considerable citizen input from those property owners residing in the vicinity of the five different routes under consideration. At the February 28, 2005 meeting, the Planning and Zoning Commission considered a proposal to reduce the overall width and number of driving lanes for this proposed roadway from a four-lane facility to a two-lane facility. The Commission has recommended a two-lane roadway with a 75 foot right-of-way for this future collector street. A copy of the cross section for this roadway is attached as Exhibit 6. Additionally, the Commission requested staff provide information regarding potential areas for commercial development along the Precinct Line corridor, especially those projects already under construction or in the final planning phase of development. At the present time, there is a new commercial development under construction at the northeast corner of the Precinct Line Road-McDonwell School Road intersection. Staff recently met with a developer to review a preliminary proposal for a small commercial development at the southeast corner of this same intersection. However, no platting or building permit applications have been filed at this time. An aerial photo of the Precinct Line corridor was prepared for the March 14, 2005 meeting, and shows the known commercial project sites and other potential commercial areas along Precinct Line Road. A copy of the aerial photo is attached. At the March 14, 2005 meeting, the Planning and Zoning Commission recommended Alignment "E" by a vote of 4-0. A copy of all correspondence received by staff is attached. Recommendation Approval Attachments · Exhibit 1 - Proposed Alignment "A" · Exhibit 2 - Proposed Alignment "B" · Exhibit 3 - Proposed Alignment "C" · Exhibit 4 - Proposed Alignment "0" · Exhibit 5 - Proposed Alignment "E" · Exhibit 6 - Cross section of proposed two-lane roadway · Aerial photo of Precinct Line corridor · List of Property Owners Notified · Correspondence · Ordinance 0-05-1521 Exhibit "1" Location of future four-lane collector street as shown on current Master Thoroughfare Plan Alignment "A H I r--Y- -I- f-- 1 :=-_:= =t:= -- [)"'J, dT '- vFT :\ - -j---~ -j-- e-UI J.. _j-- - V ~ IL C-- \-- r- - I - - L I r I F~ I ~~ 1 ~ _ 'IrE J <ill I- i I ~ j I ~ ~ 1.; r- \ Ul~ Ir== >= :bJ~t I.. :t>o ~ I~ / mTI. 1~ ~ ~ IIIlJB, ~~ J~ I ~ /:LlL ~lI- ~ 1/1 'i~/ MUS TR L -,L J\ B~ / ,'" ~ t' \J,.{ I -t- ... · · · .. ~ Alignment "A" y l7\'! I z I[ I I i-~ _f--' hrc _T o -- ~~ , j. (J"( ~~~j r- -- l- --i \ - . . . . . . . '<: . . . . . t ~ v<<o I I II e-J- f- - RE -1- ~ [Ipll ~ , e- - "F - -- - -= J I I-- >-- f- I-- I--- - ~-_. ~s - I"! - --~. tAJN~_ l _ T~< ~I~ ~ '~,~0 ; I~ :L-Iw~~~ i p-(= _ I-- ~J '"i i U L~ I l f == :in 4 ~'-_ - " ~t!! ~ - ~W-j I ~ Exhibit "2" Proposed relocation of future collector street Alignment "B" HI f- ,f- f- If- f- v~ J I I I I _J- FRE - .--1--,--- ~- -- r--- - >...1.dT _J= I -':: ,.-~} 11 J t-( -f- -f--'= - f- I-f- f- I f-- f-- y- I~~o,ic;' w _\'\~O r=~ tIl III ~~ ~ r:: ffiE ~v ~ f- 1/ II /ri'~N ",-\ /\ j,~ Mus:I1 \ T~~~ I! I I r-- · · - - .. · -, Alignment "B" ~ GSTili t . " lA2( /~~ ~ I LJ~j, f-- ~.. 1\ ~ I z T _ - ~ ~ ~ - .. ~1>--f-- 1- ~ ~~ - II ~ 0 0 1::"1-- r-'\ --;= I ~;::~ .<J tJN"ffl f-- r'- I /('/'< Q rl~ I \~l3' ~,-T---".. r ~v =< ~.J. .A - - l~l\ \ ~ " ~ '\ G h - LM f- 1/ ~ fiYf- 1// ""~ 1// L f- ~/ '&\ - ~ /fT ~\- I I r--- -vr - - - '--- - - I-- II il ~ f------J I- l= I- [::: -~[1p ~~ I " JJ t- 10- 10- ~ f- f- C--- 1__1- J" ~m - -- ( ~ J ~ w CD I-- - f-- -f-- I-- I-- -I--- f-- I-- \ I I I I I ~~ r-- -- ~ )~ ~ '~1 i.,lwll ~ I Exhibit "3" Proposed relocation of future collector street Alignment "c" ,-=:1 I I 1- --=-=---J I __~J II LI Ll '-( I I I r )- c- f- RE c- f-~ WN~_ r'l(~ m IdM' <OT. A ~ .G ,'^'1 koilr0 ~ ,-' - , ,~~ cJ~ P1-ll El :lJI-:- - 1 c L~ . I r -I I~ ~ Tr~ r-~L- ! W I ~~r1{1 ie::: ' r ptJ- - I~~ ~,LII ~+=f-l Ii T ~ '- ~- -/ \ r--- r--- f-- - ~ I :~f--L n- -, f- . -- c-- . - . f-- iJ' ~ #lj ! (L =llT - -=:LII i I I I i l[ .. . . ~- I-- S t= ~Y6\ I I J f-- IJ ~ -r--_ - f- c - I - 'r I ( LJJ ::: ~I" v r-_\ U = ,~ I I \\. I~ v-- , ffiB 1~ !--- Yv II ~~~,~ ~=_ i 1$ \~~ - ~. /I~ -= MUS Ff\ T~L k ~ ~ ~ l't;l GST~Jt= I>- ::::j ~M \--- .,& :'f l r-- r--- ,~ ~ r~ \).<,~.l.Jd -'-- f-- 1\ y:l "I I 1:1 T I I f---- r--- _I--' ~ - Hb-t-h T~~_- C-----j-i D l- ~ --- -,~c; - b _tib-I ~ff al __ I-- Alignment "e" Exhibit "4" Proposed relocation of future collector street Alignment "D" - --= I--f-~ I I 1-- r--t- f--"-- ~ I II ~lo'v1 ~~ 111'1"'-~ ~v-- EBB 'i / ~ t= ~ k5-----,-- ~7A I V Ilfrr~ MUSN _/\y~~ r-f l~rT~ ~ .-"l 71 I,,, GSTU-t= ~ ~ ~ ~ fJj' IU_ P1:--: _ J~ )'! "/ I J I I >---- --= j _ 1/ 1-17- ~ I-- I ST ! H ~ S - . !\it rc 1\ ~~ 11,1 i ~ · · · .. I~ Alignment "0" tr ~ ~. 11--1 r- V '\ R '''- i>-If--.ll~ If-~:\ ~- ~ ~l~r~ .<' ~ ~Ie- -~r ~~UJ~ ~ : __ wL~ ~ / J.i / f- -/ ~ -- ~ dYY ~Qlw I -1 ; -HW-h biB .--1 ~ -~ ------r--- f---- -- r'>.. / !l-- f--- "--- -v \ r-- - ~ - - rr f I I ...--. - R kLJ] r=tE ~ / '" 1 I- +--- .1 1 " f----- c= U7l I/TlH = i= v<0~! I I f- 1\ I _1--- RE I V; I i-{ ( I-- W lC r--- r---- -- I-- I f-I-- - - '-I-- c-- \ I- ~-- I I I U~.- r=:~ Exhibit "5" Proposed relocation of future collector street Alignment "E" HI ~r- I--r--- - - I-'f- I- If- l- I- ~<:o; I J 1 III I II I-!- I- ~ RE ~ I-- '>...1. ~T ~-~ f--hL LLU y I ( I q I I " Jjb-l - - -- I }--:;= l~lct(j , \ \ ~ Ir== >= II l=~ r;-~ tHlJ5 1~ ~ ~ ~ ~~ - ~I~/ Lll;'r1r;/I~~ ==; MUS J 1\' T~~ .l '\ Alignment "E" I+-+- tiE - GST r- I".&I;Y 1--- j,',o..Jl(/ ~ if \ OC' 1,~1 - I 1\ I I;kJ "'! ~ I I I - ~ v. ,---,r-- _ I f-:h T tlAYS - rc __ I 0 L r\!-------- ~~ , ~ ~q, tA1N I I !~< i2 1-f--1iR I - \ ~\ ~, f-I~r-+ ~l'7 ~ ~-;Lf'\ ~~Ir~ "T ~ I-i' ,-+-- ~ I- . " 1-' ~ ..!Ill"" ~ I- ~ - D lj'& J/~ lJl~ ( LW II ~ ~~)Jj~ ~~ ~ 'ki :- ~ 10 t- ,,,",- "" I-~' " fL- -I- ~/ fL_t-_ - ~ /r f--- f--- - ~ c--1 '--- I . . t1 I L-L......-_ ~I;~' ====JI I ,.-"J !------J II cr fa 'II' ~ - I t- t:: _J -c., J<;I:J] n:r / L- I- J '. ~~ I I - ~'i' to__ - -' -:~ ~Rlwll r---< ~ I ..-- I Exhibit "6" Right-of-way Information ~t ~ : 15' Parkway 50' Backlto Back 15' Parkway:' : Varies L /- I Typ. 1.02 .02 I - , I , , , 80' R.OW. I I !~ :E 5' Min. 10' Max. TYPICAL SECTION MAJOR COLLECTOR 4-LANE UNDIVIDED STREET I , 75' ROW I , ~ o tt: , , 16.5' 42' Back to Back 16.5' Parkway Parkway , , ~ o tt: TYPICAL SECTION MINOR COLLECTOR 2 LANE UNDIVIDED STREET I 60' ROW J ~ 10' 36' Back to Back o Parkway tt: 14' ~ Parkway 0 tt: , , 5' Sidewalk , . , 10' Trail TYPICAL SECTION MINOR COLLECTOR 2 LANE UNDIVIDED STREET (With Trail) Aerial Photo of Precinct Line Corridor List of Property Owners Notified Keller ISO Attn: Tom Myers 100 Main Street Fort Worth, TX 76102 Lavaca Trail, LLC 3930 Glade Road Ste. 108 - PMB 344 Colleyville, TX 76034 Ruggere, Judy 1013 W Lavaca Trail Colleyville, TX 76034 Mittag, Andrew K etux Janet A 901 W Lavaca Trail Colleyville, TX 76034 Emerald Park Residence Dev. Ltd. 6420 Remington Pkwy Colleyville, TX 76034 Chandler, Raman PO Box 611 Colleyville, TX 76034 John Butler 908 LD Lockett Colleyville, TX 76034 David Markham 600 Burnet Drive Keller, TX 76248 LDDS Communications Inc. Attn: Property Tax Dept 500 Clinton Center Drive Clinton, MS 39056-5630 Jones, Jerrell W 11111 Abbeywood Oklahoma City, OK 73170 Martin, Lewis E etux Bonnie J 1101 W Lavaca Trail Colleyville, TX 76034 Plain, Veri etux Ruth Ann 909 W Lavaca Trail Colleyville, TX 76034 Goodman Family of Builders LP 5808 W Plane Pkwy Piano, TX 75093 Lisa M. Stajduhar 101 Williamsburg Court Colleyville, TX 76034 Larry Cole 400 Country Place Colleyville, TX 76034 Gregory Van Nieuwenhuize 3930 Glade Road, Ste. 108 - PMB 344 Colleyville, TX 76034 William 0 Souder Investments 305 Brookridge Court Hurst, TX 76054 Mcintosh, Doyle & Mary Family LP 8333 Thornhill Drive North Richland Hills, TX 76180 BVESCO LP 25 Highland Park Village Ste 1 00 Dallas, TX 75205 Ogle, Danny G & Ruth A 1009 W Lavaca Trail Colleyville, TX 76034 Jones, Norma J 600 Burnet Drive Keller, TX 76248 Jeffrey Zimmerman 501 Lavaca Trail Colleyville, TX 76034 Joe Mcintosh 4817 Fairway Court North Richland Hills, TX 76180 Winport Property Group Keller Williams Commercial/Residential Investments, Attn: Carol Sukigara 2425 E. Southlake Blvd. South lake, TX 76092 Correspondence Received Raman Chandler 2319 Hall Johnson Road, P. O. Box 611 . Colleyville, Texas 76034. 817-685-7388' 817-283-9186 March 17, 2005 Mr. Barry LeBaron City of Colleyville RE: Amendment to Master Thoroughfare plan, case No. 0-05-006 Dear Mr. LeBaron: We recently had a sickness and death in the family which required me to be out of town for several weeks. As a result, I did not become aware of the first public hearing until after the Planning and Zoning Commission meeting had occurred on February 28,2005. Nor was r able to attend the meeting on March 14,2005 It is my understanding that Alignment "c" (enclosed) was approved by the Planning and Zoning (P & Z) Commission at that meeting. With this letter, I must object to this action by the City of Colleyville. Before I express specific objections, I need to consider the following information. Please provide the following to me: 1. Minutes of the P & Z meetings of both February 28,2005 and March 14,2005 2. An exact description of the Right of Way location, width and paving request for the proposed thoroughfare (street). 3. All documents in the possession of the City which support the need for Case No. 0-05-006 and the location of this street. The documents requested would include, but not be limited to: A. Traffic studies B. Proposed land use maps C. Existing land use maps D. City staff studies and recommendations 4. All documents, resolutions and minutes of all City meetings related to the Site Plan approval of the Keller ISD Elementary School site located along the west side of the proposed street. 5. All documents, resolutions and minutes of all City meetings related to the approval of the commercial site at the northeast comer of Precinct Line Road and LaVaca Trail. 6. All documents, resolutions and minutes of all City meetings related to the approval of the Emerald Hills subdivision and commercial site located at the northeast comer of L D Lockett Road and Precinct Line Road. Ht4.vP /)~ ..1//F~J ;f ,-... CL(~~ City of Colleyville, page 2 7. All documents, resolutions and minutes of all City meetings related to the approval of the Private School site (approximately March of 1999) located at the southeast comer of McDonwell School Road and Precinct Line Road, being a total of approximately 43 acres and including the KISD site and the Rosewood Villas site. 8. All documents, ordinances and city codes which define the costs to be incurred by myself, as the present property owner, and for future owners if the property is sold. 9. All documents, ordinances and city codes which define the costs to be paid by the City to acquire the right of way and pay the cost of constructing the street. Please provide all of the above so that I can review all of the above prior to any further action being taken by the City with regards to this matter. Sincerely, !?~~ Raman Chandler )' \\) Ie // Date' /. '-,I. . l,) . . . ")', . \ . -" -' ." - L -, _ _ --f J'-. I Return to Nicole Millder by: '1.1) '1 '. ;- t ,r l".\ I Copy to,: t -)::\_ \" It'''~':'.' I ,~. ~l: \ ~" \-):l, ! - J I .~ 1 'It,; \ i .\ . If your documents require research, boxes from off-site storage or need to be reviewed by the City Attorney, please notify the City Secretary's Office immediately. Exhibit "3" Proposed relocation of future collector street Alignment "C" RECEIVED MAR 1 8 ~005 March 12, 2005 Pe, ...,"'....".....",... Planning and Zoning Commission City of Colleyville 100 Main Street Colleyville, TX 76034 Ref: Case No. G-05-006 Dear Sir: I will not be able to attend the public hearing on 3/14/05 at 7:00PM due to the very short notice. However, would you please register my written OPPOSITION to the plan of having a road running north/south to the west side of Emerald Park as designated as plan Band C in the attached exhibits "2" and "3". Thank: you very much for your consideration. Best regards, \) 0'--r\ V ~ Don Vu 5908 Sterling Dr Colleyville, TX 76034 (817) 788-2561 JOHN BUTLER March 11, 2005 Planning and Zoning Commission City of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Planning and Zoning Commission Members: We are FOR Alignment "A" for the portion of proposed road between Lavaca Trail and L.D. Lockett Rd. However, we would like that portion of the road to be a two-lane residential street with a width of less than 30 feet similar to Emerald Park. We own the land to the East of Emerald Park and South of Lavaca Trail where the Alignment "A" roadway is currently designated on the Master Plan. A two lane residential street between Lavaca Trail and L.D. Lockett would keep a residential feel for that area of the city. North of Lavaca a larger road is acceptable. Additionally, we ask that the exact placement be determined by the future development plan for the property. The road could be placed to the East side of our property line and the property north of us to make a definitive boundary/transition line. To the West of the road would be currently zoned commercial land and lots sizes similar to Emerald Park. To the East properties could be designated for larger lots. This could simplify future zoning requests for this area that could satisfy the desires of different property owners in this area. Sincerely, John Butler John Butler 908 L.D. LOCKETT ROAD' COLLEYVILLE, TEXAS' 76034 February 22, 2005 Planning and Zoning Commission Gty of Col1eyville 100 Main Street Colleyville, Texas 76034 Dear Planning and Zoning Commission, As part owner of a 15 acre track of property zoned commercial by the Gty of Colleyville, we are opposed to options B & C of the proposed road between L. D. Lockett and McDonwell School Road. While a road connecting the North and South parts of Colleyville may be needed, the proximity to a six lane street less that 400 plus feet from that proposed in these two alternative does not benefit either the city or individuals that would access it. Current roads in existence, already link these two roads in question approximately two miles from the proposed alternatives and link John McCain Road as well. There is no business purpose for the road which would cost the taxpayers of Colleyville valuable tax dollars wIllie decreasing the future returns on the properties without the road. Proposals B & C would be detrimental to the current proposed use of the 15 acre parcel. It would eliminate a significant portion of the proposed usage and limit the amowlt of development that could be placed on the property. Because development would be hindered, this would devalue the remaining property and be detrimental to the amoWlt of tax dollars that could be generated from the site to the city. Proposals B & C does not benefit those individuals accessing the new school. Most of the individuals East of these proposals attend Grapevine-Colleyville not Keller.ISD schools. The limited use by any individuals for this short road would not address more urgent road issues in Colleyville. With any of these proposals, individuals using the road would still have problems at L D Lockett and at McDonwell School Road. Sincerely, ( ".., .~. 'JA-' -:1.--- / ! / \,})lli- / l/ Norma Jones February 22,2005 Planning and Zoning Conunission City of Colleyville 100 ~1ain Street Colleyville, Texas 76034 Dear Planning and Zoning Conunission, As pan owner of a 15 acre track of property zoned commercial by the City of Colleyvi1le, we are opposed to options B & C of the proposed road between 1. D. Lockett and McDonwell School Road. While a road connecting the North and South parts of Colleyville may be needed, the proximity to a six lane street less that 400 plus feet from that proposed in these two alternative does not benefit either the city or individuals that 'WOuld access it. Current roads in existence, already link these two roads in question approximately two miles from the proposed alternatives and link John McCain Road as well. There is no business purpose for the road which 'WOuld cost the taxpayers of Colleyville valuable tax dollars willie decreasing the future returns on the properties without the road. Proposals B & C 'WOuld be detrimental to the current proposed use of the 15 acre parcel. It 'WOuld eliminate a significant portion of the proposed usage and limit the amount of development that could be placed on the property. Because development 'WOuld be hindered, this 'WOuld devalue the remaining property and be detrimental to the amount of tax dollars that could be generated from the site to the city. The limited use by any individuals for this short road 'WOuld not address more urgent road issues in Colleyville. With any of these proposals, individuals using the road would still have problems at L D Lockett and at McDonwell School Road. Options B & C would only benefit one land owner on the proposed road and no owners on the South side of L D Lockett. Sincerely, ,,<;.~.? .' / /J ,Ck2:..c~.A'/ 1(. r/l'~J../ Richard Jones February 22, 2005 Planning and Zoning Conunission City of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Planning and Zoning Commission, As part owners of a 15 acre track of property zoned commercial by the City of Colleyville, we are opposed to options B & C of the proposed road between L. D. Lockett and McDonwell School Road. While a road connecting the North and South parts of Colleyville may be needed, the proximity to a six lane street less that 400 plus feet from that proposed in these two alternative does not benefit either the city or individuals that would access it. G.1rrent roads in existence, already link these two roads in question approximately two miles from the proposed alternatives and link John McGUn Road as well. Proposals B & C would be detrimental to the current proposed use of the 15 acre parcel. It would eliminate a significant portion of the proposed usage and limit the amount of development that could be placed on the property. Because development would be hindered, this would devalue the remaining property and be detrimental to the amount of tax dollars that could be generated from the site to the city. Proposals B & C does not benefit those individuals accessing the new school. Most of the individuals East of these proposals attend Grapevine-Colleyville not Keller.ISD schools. The limited use by any individuals for this shon road would not address more urgent road issues in Colleyville. With any of these proposals, individuals using the road would still have problems at L D Lockett and at McDonwell School Road. Access through Reminington Park Subdivision is also available between these two roads There is no business putpose for the road which would cost the taxpayers of Colleyville valuable tax dollars while decreasing the future returns on the properties without the road. Sincerely, (\ ,(1 4 ^/CW;(J e.: kL'li-,f1( /1('JJ;;.w-- David & Diana Markham February 22, 20C5 Planning and Zoning Commission Gty of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Planning and Zoning Commission, As part owner of a 15 acre track of property zoned commercial by the Cityof Colle}ville, we are opposed to options B & C of the proposed road between 1. D. Lockett and McDonwell School Road. While a road connecting the North and South parts of Colleyville may be needed, the proximity to a six lane street less that 400 plus feet from that proposed in these two alternative does not benefit either the city or individuals that would access it. Current roads in existence, already link these two roads in question approximately two miles from the proposed alternatives and linkJohn McCain Road as well. There is no business purpose for the road which would cost the taxpayers of Colleyville valuable tax dollars while decreasing the future returns on the properties without the road. Proposals B & C would be detrimental to the current proposed use of the 15 acre parcel. It would eliminate a significant portion of the proposed usage and limit the amount of development that could be placed on the property. Because development would be hindered, this would devalue the remaining property and be detrimental to the amount of tax dollars that could be generated from the site to the city. Proposals B & C does not benefit those individuals accessing the new school. Most of the individuals East of these proposals anend Grapevine-Colleyville not Keller.ISD schools. The limited use by any individuals for this short road would not address more urgent road issues in Collcyville. With any of these proposals, individuals using the road would still have problems at L D Lockett and at McDonwell School Road. Options B & C would only benefit one land owner on the proposed road and no owners on the South side of L D Lockett. Sincerely, . ~~h't-" {("Mis n~,C Ricky and Nancy Parvin February 22, 2005 Planning and Zoning Commission Gty of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Planning and Zoning Commission, As part owner of a 15 acre track of property zoned commercial by the Gty of Colleyville, we are opposed to options B & C of the proposed road between L. D. Lockett and McDonwell School Road. While a road connecting the North and South parts of Colleyville may be needed, the proximity to a six lane street less that 400 plus feet from that proposed in these two alternative does not benefit either the city or individuals that would access it. Wrrent roads in existence, already link these two roads in question approximately two miles from the proposed alternatives and linkJohn McCain Road as well. There is no business pwpose for the road which would cost the taxpayers of Colleyville valuable tax dollars while decreasing the future returns on the properties without the road. Proposals B & C would be detrimental to the current proposed use of the 15 acre parcel. It would eliminate a significant portion of the proposed usage and limit the amount of development that could be placed on the property. Because development would be hindered, this would devalue the remaining property and be detrimental to the amount of tax dollars that could be generated from the site to the city.. Sincerely, Rc~~ Robert Jones ::}_ " . . _ A A:~_..; . ---,~ , , U To: City of ColleyviIle Planning and Zoning Commission February 22, 2005 Subject: Future Proposed Alignments from LD Locken Road to McDonwell School Road Alignment "A" This proposed street location will best serve the general public when fmure residential Sil, are built norch and east of the Emerald Park Addition. The need for a residential thoroughfare will certainly be required to access ill Lockert Road and McDonwel1 School Road by west bound traftlL~ without having to go funher west to access Precinct Line Road. This "shortcm" road between LD Lockert Road and McDonwell School Road will thereby eliminate additional traffic our on to Precinci- Line Road, (1400 feet away), but still allow drivers to obtain access to the newly built KeIJer Elementary School. This "shortcut" road will also be beneficial for those dri vers needing [0 go east bound on ill Lockett Road and on McDonweIl School Road without having to access Precinct Line Road to the west. The City of Colleyville will be placing this proposed street in a more common location where it woul. . benefit more of the general public more so than Alignment "B" oT "C". No commercial land will be disturbed therefore a minimal impact to tax dollar revenue will be caused due to this road constIuctiOj Alignment "Bn This proposed street location will not benefit the general public as much as Alignment "A" because it will be located too close to Precinct Line Road. By being so close to Precinct Line Road a "potential" traffic jam could be caused for east bound traffic on LD Lockett Road turning north onto proposed "B" street due to the newly built Keller Elementary School on McDonwelI School Road. This proposed street wiU also create a .large funding impact to the City of Colleyville because of placing this street on conunercial land only 900' from Precinct Line Road. The commercial land will be divided by this street and thereby limit the amOUnt of commercial business available faT commercial tax dollar revenue to be collected by the city. Alignment "C" This proposed street location will not benefit the general public as much as Alignment "A" because it will be located too close to Precinct Line Road. .By being so close to Precinct Line Road a "potential" traffic jam could be caused for east bound traffic On LD Lockett Road ruming norch onto proposed "C" street (same all Alignment "B"). A "potential" traffic jam could also OCCUr- for east bound traffic on Lavaca Trail turning north onto proposed "C" street due to the newly built Keller Elementary School on McDonwelI School Road. Parr,.- , 01. - This proposed street will create a funding impact to the City of Colleyville larger than Alignment "R due to placing of this street on more commercial land than that in Alignment HB". The more commercial land that becomes divided means that less commercial business will be available for cOffil'nercial tax dollar revenue to be collected by the city. Respectfully, ~~e-L ttJ.~r-- Jerrell W. Jones Owner of Tract A 1182 of we Newlon Survey 8150 Precinct Line Road Winport Property Group Keller Williams Commercial/Residential Investments 2425 E Southlake Blvd Southlake, Tx 76092 C A Sukigara 214-923-0372 Please find attached a draft of the proposal that will be presented before the Planning and Zoning Commission of the City ofColleyville on Monday, February 28, 2005 at 7:00pm As owners of the 15 Acre Commercial tract at the comer of W LD Lockett and Precinct Line Road, we would like to request your support in voting against the proposed road that would run on the East boundary or across the center of the entire 15 Acres. A 2 to 4 lane road would be detrimental to the development of the 15 Acre site. The site is now zoned commercial with an accepted conceptual development plan by the City of Colleyville which provides full access and adequate fire lanes to service the development and provide for a free flowing traffic environment. To maximize the land potential at all Sites in Colleyville and thus provide the greatest revenue for tax dollars for income to the City is important and the City has approved the current concept for development that would provide for the maximum and most efficient use of land at this site. The State of Texas and City ofColleyville now have a 6 lane newly improved road that serves the entire west area of Colleyville and a secondary road only yards away would be a poor use of tax dollars for building such a roadway. As noted by previous studies and Commercial Real Estate Developers, the greatest need for traffic flow improvement are the East/West roadway arteries that move traffic into and across Colleyville and access the Town Center and Village shopping areas and providing access to those traveling to Highway 26, State Hwy 121 and north to Hwy 114. Of the three locations for the proposed roadway, the location of the roadway to the East side of the new Emerald Park subdivision, as now provided in the current Master Plan, would be the most direct route with full extension from McDonwell School Road to W LD Lockett Road and would be of greater benefit by providing access to traffic traveling due South, and then East on W LD Lockett into Colleyville. Most of the Colleyville students and family traffic going to and from the new Keller School live in close proximity to the School and would not need or have use a North-South access. It is my understanding that consideration is now being given for installation of a traffic light at W LD Lockett and Precinct Line Road with development of the 15-35 Commercial Acres that are available in the area. It is also of note that there is discussion that plans are being made to extend W LD Lockett Road on through N Richland Hills to Davis Blvd. and the City of Colleyville has made plans for improving and widening W LD Lockett Road. Upon review of the proposal for locating any north-south proposed road, especially on the West side of Emerald Park Subdivision does not provide value or benefit to the citizens of Colleyville, nor is there a justified need for usage or spending of taxpayers money. The real value to Colleyville is in having a good road system that moves traffic on the East- West thoroughfares which are in great need of improvement with the Hall Johnson expansion being the best example of how this can enhance the City of Colleyville. It is with respect that a recommendation for eliminating the proposed north- south roadway on the far West edge of Colleyville in favor of giving attention to the more important and urgent roadway needs. Should after all discussion, proof be made for the dire need of a short north-south passage then a location which would appropriately carry traffic to the east up LD Lockett Rd, should be located to the East, at an appropriate distance, great enough to be of efficient service. Any traffic traveling North or South to a destination, would most certainly take the already improved 6 lane Precinct Line Road We would appreciate you thoughts and comments and support by letter or by attendance. You may speak at the public hearing, provide a card with your written comments or provide a letter that we may include with other letters expressing your input and concerns. Although there may be other concerns, especially drainage concerns on the West side of Colleyville, unless the roadway has further negative impact on the drainage in your area, we would like to focus on the issue of the road stated in a positive way that will provide insight for the Planning and Zoning Commission and where possible, suggest alternative ideas that may bring improvement to the City of Colleyville. Thank you for any support you can provide. You may fax any letter to: Carol Sukigara, Winport Property Group Keller Williams Commercial Investments, 817-251-15.22 with a cover sheet. for your letter or comments to be included together or you may mail directly to the Planning and Zoning Commission, City of Colleyville, 100 Main Street, Colleyville, Texas 76034. Norma Jones and Family-Owners Jerrell Jones- Owner Carol Sukigara 214-923 -0372 .;.:;..'" POIN r OF BEGINNIN "'0 ::u m o z n -4 C z m ::u o )> c L- z o q '" ... (; ..-€) :E" tJ1 (XI U tD z o q ~ 20I.R.S. t..J_ o :E" '" ~ U1 U1 tD 'toI...( ,tt.z o q '" o :E- OJ OJ ;c,...~ N 0" TllDOT --.':-= .1__..... 77.2' -~-L_______ _' _________________ 452 [XIS liNG ROAD CUT ~c.;, (;<f ~ ~ ' <-;,. t\. Tract A JERREL W. JONES YOLo 9910, PG. 1274 D.R.T.C.T. 503.09 N 89.07'24" W Tract B NORMA JEAN JONES YOLo 11398, PG. 141 D R.T.C.T. PROPERTY DESCRIPTION ~c.;, (;<f ~ CObf. t\. <0 EXITING BUILDINGS o o GRAV[L DRIV[ o ':l '" z ..... 6 z "tl o Z o i _J (/) o q U1 ~ N N :E- m tD OJ ~I (/) o q U1 .p. N '" :E" VI J) +- N 1J) o q tJ1 .p. N '" =E m OJ (j1 (XI VI 2P 4U 1/2...:!"'~ 1/20I.R.S. 603.~7 _ N as L."\' . '-U ~. !\} ~ '. ~. ).-\, ,/ - .,,\..y i '\..". J /" ~/'-' II-VV .' .)):j /v \.> \ '\ .....\1 .. " \ \., ';v ~.(>;~~~ I.J . J' CllAIlING BLOCK 1 LTD EMERALD PARK RESID. ~~.. VOL. 16175, PG. D.R.T.C.T. ~(..,. . c... . G{)S' /.) (y' r"l.- I. R -=-~~-~;- I- , ',1 i>' ~". --r",.' :lI ~ i ~ El ~ I" ~ o . '" - -.. , I li GJ ~ ~ -( tf -L Ii' ~ i e ;0- ~!~I :: g ~ ~ l ~ o R't.., '-~ d . - -, ~ o , I ~;--J ' ..:..~ "l:I~ ~~1lI "$ ~ ,u. (1..1. _U~__ "'3ti" 'JtJo '.' '~". . . ~ '_.~ ~..... ;<:. g :-1 c:=. T '~'l , <":/ d ..:e ... i" ;! : :':_ Il, ~' " . . "I " , 'It !'V! t,' - I ',.. !g .,! ~ ~! i . rte.r . L~i i~2 , b ,-, t1 , '-1 ~) ;- F StaW7D .3 - . OlWlD]If S $J:W. 01 l't' 'j"S 000'[ ~ .o. .9Z'9ZZ 3...o.sr.6~ s ~ ~ :., \ ~;.., .- lI)..,.: ~- J z ~I 0' ~I 81- z ,/ ~ cr-I tl ;1 .~t G, c.__~ C> , " .1 L ,ilu I j , l'J Z ::; o c( o a::: C1Jd\':lS'JNV1 I, I ~ I,. 531~V^ '''''O'~ - JOHN BUTLER February 28, 2005 Planning and Zoning Commission City of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Planning and Zoning Commission Members: We own the land to the East of Emerald Park where the Alignment "iV' roadway is currently designated on the Master Plan. We are FOR Alignment ''N' to allow the proposed road to connect L.D. Locket Road to McDonwell School Road. However, we would like that road to be a two-lane roadway with a width of less than 60 - 70 feet as is proposed in the other two alignments. The roadway should be placed in the middle of our property to allow room for residential lots on both sides of the proposed road placement or to the East edge of our property line. Both of the other proposed new "B" and "C" alignments are too close to Precinct Line Road. These alignments will create a traffic back-up and hazard area as cars turn East off of Precinct Line and then stop to turn onto the new road while waiting on West bound traffic. This would create a bottle-neck at each intersection as traffic counts grow over the coming years. This would occur on L.D. Lockett and Lavaca Trail, as well as on McDonwell. Alignment ''N' helps avoid this traffic problem. Additionally, if the Alignment ''N' road is placed to the East side of our property line and to the East side of the properties north of us this would make a defmitive boundary / transition line. To the West of the road would be currently zoned commercial land and lots sizes similar to Emerald Park. To the East properties could be designated for larger lots. This could simplify future zoning requests for this area and give a deftnitive and practical line that could satisfy the desires of different property owners in this area. Sincerely, John Butler John Butler 908 L.D. LOCKETT ROAD. COLLEYVILLE, TEXAS. 76034 Case Number G-05-006 Dear Board, My name is Danny Ogle and I live at 1009 W. Lavaca Trail. In my opinion plan "A" would be the most practical of the three plans. The other two plans are too close to Pricinct Line Road to have much of a real help to traffic. "A" would leave more room for develope between Pricinct Line and the "A" street. As the commercial property develops alone Pricinct, the parking areas will connect to each other serving as a thoroughfare between L.D. Locket and McDonwell School Road. I do not think we need a four lane road for plan "A". A two lane similar to plans "B" and "C" would be enough. Thank You for your time, o~~~ Danny R. Ogle RECEIVED FEB 2 4 2005 Per ............., 1 ORDINANCE 0-05-1521 AN ORDINANCE AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF COLLEYVILLE, TEXAS, AND AUTHORIZING PUBLICATION WHEREAS, the City Council adopted a Master Thoroughfare Plan on September 1, 1998 by approval of Resolution R-98-1408; and WHEREAS, the Planning and Zoning Commission has held a public hearing, received citizen input and has made recommendation regarding the proposed amendment to the Master Thoroughfare Plan; and WHEREAS, notice of public hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 10 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Thoroughfare Plan adopted by Resolution R-98-1408 is hereby amended to incorporate the following changes: A. The un-named Major Collector extending between L.D. Lockett Road and McDonwell School Road as shown on the current Master Thoroughfare Plan, attached as Exhibit "A" is hereby relocated to the general alignment shown on Exhibit "B". B. The un-named collector roadway shown on the attached Exhibit "B" is hereby changed from a four-lane Major Collector roadway to a two-lane Minor Collector roadway with a 75-foot right-of-way width and a 42-foot wide pavement width as shown on the attached Exhibit "C". Sec 2. THAT the Master Thoroughfare Plan, as amended, shall remain in full force and effect, except where amended by this ordinance. Sec 3. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. Ordinance 0-05-1521 Page 2 of 2 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" Location of future four-lane major collector street as shown on current Master Thoroughfare Plan H II L _J~ l ~ lJpU. Ci -j- '- - l-f- 1~~S~ L >>:,-, ~,0~ -~~l<io~ c=~ II .~~ ~d mlJ~ ~~ Jff::::j [IJIJ~ ~ n I II I I.LJ T~ ~ vi?! N ./1 .~V MUS f-t, '\ 7~ -=:-] -~ \l GST ~~~r)c1 i -.Jj )}- 'Y ~ ~ r~ i I-- r-- ~(I- f-fV' -b FfJf1.~~ 12~ L ~~ ~ --- I~ ~ l }- J.l l 1- ~ I _:r .~!!! ~- Cf5ill~ ~ -- ---- rl- -f- _ c-~ --f-- I-- [a,iAub I I ~ /~ C\~ _+--- - ~I J.. -t-- - V _ L_ = L I c-= I +--- I +-- 'v{ +- Ie-- I I I I I l ~--~ I ! ~..J If ---F ~ '<'~ I / "- ~/ ~ '< /); I I I ];IL - - RE - - - (- - ~ w "'-- - - -- I. I - -= - I-- E- - ~ T tuI S I--- I~ N ~- I--- r'( 'I-- / ~ r'\ ,(.. P ~ ~ J~ ~~ f- I I~~ ,~ I /~~- '-~/F -~~ ~ I/l/ 'I? I--- - "- / ~ - {J\\ It JJ 2rJ _~Jai, ~Il ,~~ I !r-- --I-- _ / ~- -I-. _-- -+----- I-IN -t-- - f/ I -----L- f- r- r- - - . . l' {j I ap ...., I __S- II a{i - -E ,. -~~ ~l/ --::L.--- EXHIBIT "B" Location of future collector street t r-- I I I I I f-- t;::: [I x- (j K Uld .'1'-"~ ffiE~ ~~ y 1/ ~~ I '" I ~)l1~ I' MUS TR~~L l.- f r~ \ / \ "'i~ ~~ /I c-' I r-: '---1 '1;;: l" , I--- "'\ ~~~\ <f UJ ~ I ~ )----- r-- - - f---- =p~~ ~~:)' i hL' I ,1~~ >--: Lr' /: .u n'{~ 1 LC~ - ~ /v 'ff c---- \\ r.l<.,., N ~~~I..I I 1r,J., .1T ~- r---- ~ ~ " L -- - ~jP=o I I h/ - .1 I-- ~Y/> II III I \ l - )-- RE f---- f--- - ,~ >= ";<.~ ~'= 1--- - f--- r-- I-- f---- r-= ~ ~ GSpJ E ~ 1.), ]L- _ I f- ~-~ f- T. W S 1-- f------ .-- r N ffiEE-~ f- I 1/ " r"'\ - o l -" I- P j EXHIBIT "C" Right-of -Way Information l 75' ROW f ~ ~ , , , , 16.5' 42' Back to Back 16.5' Parkway Parkway - ~ o D::: TYPICAL SECTION MINOR COLLECTOR 2 LANE UNDIVIDED STREET CITY COUNCIL Cllr Of CC~0 AGENDA BRIEFING TC'x~$ MEETING DATE: ITEM#: RESOLUTION # : 04/05/05 10 R-05-2531 CITY MANAGER I DEPARTMENT HEAD , FINANCE REVIEW I Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Contract with Kimley-Horn and Associates, to update the water, sewer and roadway impact fee capital improvement plans, in the amount of $71,000 Reading and Public Hearing Chapter 395 of the Texas Local Government Code provides the statutory authority for municipalities to collect water, sewer and roadway impact fees to pay for the expansion of major public facilities, due to additional demands on these systems generated by new development. Colleyville first began collecting roadway and water impact fees in 1990, and added the collection of sewer impact fees in 1995. Texas law requires communities, which collect impact fees, periodically update the related water, sewer and roadway capital improvement plans and recalculate the applicable fee schedules. This update process is required every five years. Kimley-Horn and Associates, an engineering consulting firm located in Fort Worth, prepared the capital improvement plans in 2000. Staff is recommending Kimley-Horn and Associates be retained to perform the work, associated with the updates, in 2005 due to their experience and familiarity with the previous updates for Colleyville. Attached is a copy of the proposed contract with Kimley-Horn and Associates, in the amount of $71,000, to update the capital improvement plans and related fee collection schedules. The costs of this project are acceptable charges to the water, sewer and roadway impact fee funds, which will be distributed for the various work elements in accordance with the following table. Impact Fee Update - 2005 Cost Distribution Water Sewer Roadway Total Task 1 Land Use Assumptions 833 833 834 2,500 Task 2 Water Imoact Fee Update 19,000 19,000 Task 3 Sewer Impact Fee Update 19,000 19,000 Task 4 Roadwav Impact Fee Update 19,000 19,000 Task 5 Financial Analysis 2,667 2,666 2,667 8,000 Task 6 Public Hearings 1,167 1,166 1,167 3,500 Total $ 23,667 $ 23,665 $ 23,668 $ 71,000 Agenda Briefing Resolution R-05-2531 Page 2 of 2 During the development of updates, the consultant will meet with the Capital Improvements Advisory Committee, to coordinate the work and brief the members, which is composed of the members of the Planning and Zoning Commission, one developer (Larry Cole) and one realtor (Andrew Wayne). According to the provisions contained in the contract documents, this project should be completed within four months. Financial Impact Adequate funds are currently available within each of the three funds for which impact fees are collected. The water, wastewater and roadway impact fee funds will be charged the applicable percentage of the costs of this project according to the amount of work performed for each work element, as shown in the table above. Recommendation Approval Attachments · Copy of proposed contract with Kimley-Horn and Associates · Resolution R-05-2531 ~=~ Kimley-Horn and Associates, Inc. March 1, 2005 . Mr. Barry LeBaron, AICP Community Development Manager City of Colleyville 100 Main Street Colleyville, TX 76034 Su:le 1025 801 Cherry Street. Gn:t 4: Fort Worth, Texas 7EiC2 Re: Water, Wastewater, and Roadway Impact Fee Update Colleyville, Texas Proposal for Professional Engineering Services Dear Mr. LeBaron: Kimley-Horn and Associates, Inc. (KHA) is pleased to submit this Letter Agreement to the City of Colleyville (Client) to provide professional services to update the City's water, wastewater, and roadway impact fees. Our project understanding, scope of services, schedule, and fee are below. Project Understanding This project consists of providing professional services associated with an update of the City of Colleyville Land Use Assumptions and W ater, Wastewater, and Roadway Impact Fees in accordance with Chapter 395 of the Texas Local Government Code. This project is anticipated to include the following components: 1. Land Use Assumptions (Report to include City staff-prepared work) 2. Water Impact Fee Update 3. Wastewater Impact Fee Update 4. Roadway Impact Fee Update 5. Financial Analysis and Impact Fee Credit Detennination 6. Public Hearings and Approval Scope of Services If services beyond those defined in this scope are to be required, KHA will confer with the Client to receive further authorization before such additional services are performed. . fa 817 "35 6511 F/\X 817 335 5070 ~=n Kimley-Horn and Associates, Inc. Mr. Barry LeBaron. AICP, March 1,2005. Page 2 Task 1 - Land Use Assumptions $2,500 KHA will assist the City in developing the land use assumptions in conformance with Chapter 395 of the Local Government Code and shall include: 1.1. Service Area Boundaries. KHA will meet with the City to review current service areas for water, wastewater, and roadway impact fees. KHA will work with City staff to revise the service area boundaries (if necessary) KHA will review the existing roadway service areas and make recommendations to the number of service areas so that each area does not exceed the six (6) mile restriction as stated in Chapter 395 of the Local Government Code. 1.2. Land Use Assumptions. KHA will provide City staff with an overview of the information required as part of the Land Use Assumptions for Impact Fees. This task will require the City to develop the following for use in the Impact Fee calculations: 1.2.1 Existing population and employment information by service area for the Year 2005; 1.2.2 Build-Out population and employment projections by service area; 1.2.3 Ten Year population and employment projections by service area for the Year 2015; 1.2.4 All population information shall be reported by number of persons and number of dwelling units; while all employment data shall be classified as number of square feet of floor area for Basic, Service, and Retail employment; and 1.2.5 Summary report to include with the Impact Fee Update showing a general overview of methodology and results. Task 2 - Water Impact Fee Update $19,000 KHA will prepare the water impact fee update in conformance with Chapter 395 of the Local Government Code and shall include: 2.1. Data Collection. KHA will deliver a letter request to the City describing water data that should be provided to KHA. The data collection is as follows: 2.1.1 Water Master Plan - KHA will coordinate with the City to obtain the latest water system master plan adopted by the City. 2.1.2 KHA will obtain water usage history - Annual water usage and maximum day usage records for the past ten ( 10) years for development of the service unit projection. 2.1.3 Trinity River Authority (TRA) wholesale water contract with the City. ~-n ....... - . Kimley-Horn and Associates, Inc. Mr. Barry LeBaron, AICP, March 1.2005. Page 3 2.1.4 TRA rate calculation with regards to the Cities cost obligation for TRA water delivery facilities. 2.2. Infrastructure Capacity Criteria. KHA will coordinate with the City to obtain the criterion for determining the ten (10) year capacity of the following infrastructure: 2.2.1 Future Transmission Lines (12-inch and larger) 2.2.2 Existing and Future Elevated Storage Tanks 2.2.3 Existing and Future Ground Storage Tanks 2.2.4 Existing and Future Pump Stations An analysis of the TRA rate calculation will be done to determine if existing or future TRA facilities may be accounted for as part of the Impact Fee Capital Improvements Plan. A criterion will not be developed for existing City transmission lines. 2.3. Water Impact Fee Capital Improvements Plan. KHA will coordinate with the City to develop the Water Impact Fee Capital Improvements Plan. It will include the following infrastructure: 2.3.1 Future Transmission Lines (l2-inch and larger) 2.3.2 Existing and Future Elevated Storage Tanks 2.3.3 Existing and Future Ground Storage Tanks 2.3.4 Existing and Future Pump Stations Results of the TRA rate analysis will determine whether TRA facilities will be included in the Impact Fee Capital Improvements Plan. It will not include existing City transmission lines. 2.4. Maximum Assessable Water Impact Fee Calculation. KHA will calculate the additional service units based on the Land Use Assumptions. KHA will then calculate the Impact Fee per service unit, unit equivalents by meter size and the Maximum Assessable Water Impact Fee table by meter size. KHA will incorporate the financial analysis performed in Task 5 to determine the maximum assessable impact fee by service unit. 2.5. Water Impact Fee Update Report. KHA will provide both a draft and final Water Impact Fee Report. The report will include: 2.5.1 Water service area 2.5.2 Narrative of the impact fee update methodology 2.5.3 Impact fee calculations 2.5.4 Water Impact Fee CIP 2.5.5 Exhibits ~-n ~------ Kimley-Horn and Associates, Inc. Mr. Barry LeBaron, Alep, March 1.2005. Page 4 2.5.6 Because of the relatively high printing costs and the challenge of managing drafts and final versions of each major component of the Impact Fee Update Report, draft versions of the Water Impact Fee Report will be submitted in .pdf format. 2.6. Meetings. KHA will prepare for and attend the following meetings: 2.6.1 One (1) meeting with TRA staff to review the wholesale rate calculation. 2.6.2 One (1) meeting with staff to review Water Impact Fee Capital Improvements Plan 2.6.3 One (1) meeting with staff to review Maximum Assessable Water Impact Fees 2.7. Deliverables 2.7.1 Data collection request letter 2.7.2 Electronic (.pdt) copy of the Draft Water Impact Fee Report 2.7.3 Upon final approval of the Impact Fee Update and new ordinance by the City Council, KHA will provide twenty (20) originals of the Final Impact Fee Update Report, including the Water Impact Fee component of the Report (see Task 6). Task 3 - Wastewater Impact Fee Update $19,000 KHA will prepare the wastewater impact fee update in conformance with Chapter 395 of the Local Government Code and shall include: 3.1. Data Collection. KHA will collect the following data: 3.1.1 Wastewater Master Plan - KHA will coordinate with the City to obtain the latest wastewater system master plan adopted by the City. 3.1.2 KHA will obtain wastewater usage history - Annual wastewater usage and peak usage records for the past ten (10) years for development of the service unit projection. 3.1.3 Trinity River Authority (TRA) wholesale wastewater contract with the City. 3.1.4 TRA rate calculation with regards to the Cities cost obligation for TRA wastewater collection facilities. 3.2. Infrastructure Capacity Criteria. KHA will coordinate with the City to obtain the criterion for detennining the ten (10) year capacity of the following infrastructure: 3.2.1 Existing Trunk Lines that are lO-inch and larger ~-n ~-~. n Kimley-Horn and Associates, Inc. Mr. Barry LeBaron, AICP, March 1. 2005, Page 5 3.2.2 Future Trunk Lines (8-inch and larger) 3.2.3 Existing and Future Lift Stations 3.2.4 Existing and Future Force Mains An analysis of the TRA rate calculation will be done to determine if existing or future TRA facilities may be accounted for as part of the Impact Fee Capital Improvements Plan. 3.3. Wastewater Impact Fee Capital Improvements Plan. KHA will coordinate with the City to develop the Wastewater Impact Fee Capital Improvements Plan. It will include the following infrastructure: 3.3.1 Existing Trunk Lines that are lO-inch and larger 3.3.2 Future Trunk Lines (8-inch and larger) 3.3.3 Existing and Future Lift Stations 3.3.4 Existing and Future Force Mains Results of the TRA rate analysis will determine whether TRA facilities will be included in the Impact Fee Capital Improvements Plan. 3.4. Maximum Assessable Wastewater Impact Fee Calculation. KHA will calculate the additional service units based on the Land Use Assumptions. KHA will then calculate the Impact Fee per service unit, unit equivalents by meter size and the Maximum Assessable Wastewater Impact Fee table by meter size. KHA will incorporate the financial analysis performed in Task 5 to determine the maximum assessable impact fee by service unit. 3.5. Wastewater Report. KHA will provide both a draft and final Wastewater Impact Fee Report. The report will include: 3.5.1 Wastewater service area 3.5.2 Narrative of the impact fee update methodology 3.5.3 Impact fee calculations 3.5.4 Wastewater Impact Fee CIP 3.5.5 Exhibits 3.5.6 Because of the relatively high printing costs and the challenge of managing drafts and final versions of each major component of the Impact Fee Update Report, draft versions of the Wastewater Impact Fee Report will be submitted in .pdf format. 3.6. Meetings. KHA will prepare for and attend the following meetings: 3.6.1 One (1) meeting with TRA staff to review the wholesale rate calculation. ~-n ~_.... Kimley-Horn and Associates, Inc. Mr. Barry LeBaron, AICP, March I, 2005, Page 6 3.6.2 One (1) meeting with staff to review Wastewater Impact Fee Capital Improvements Plan 3.6.3 One (1) meeting with staff to review Maximum Assessable Wastewater Impact Fees 3.7. Deliverables. 3.7.1 Data collection request letter 3.7.2 Electronic (.pdf) copy of the Draft Wastewater Impact Fee Report 3.7.3 Upon final approval of the Impact Fee Update and new ordinance by the City Council, KHA will provide twenty (20) originals of the Final Impact Fee Update Report, including the Wastewater Impact Fee component of the Report (see Task 6). Task 4 - Roadway Impact Fee Update $19,000 KHA will prepare the roadway impact fee update in conformance with Chapter 395 of the Local Government Code and shall include: 4.1. Data Collection. KHA will collect the following data: 4,1.1 Thoroughfare Plan - The City shall provide KHA the most recent thoroughfare plan adopted by the City. GIS shapefiles, databases, and layering information shall be provided if available. 4, 1.2 Traffic Counts - The City shall provide data (current and historical) for all roadway segments on the current Master Thoroughfare Plan. If additional traffic counts are required, the City will collect this additional data. 4.2. 10-Year Growth Proiections and Capacity Analysis. 4.2.1 KHA will use the service area boundaries established as part of Task 1 (Land Use Assumptions). In consultation with the City staff, KHA will determine land use categories to be included in the land use vehicle-mile equivalency table. 4.2.2 KHA will identify the service units for new development and the average trip length. Using the Seventh Edition of the Institute of Transportation Engineer's (ITE) Trip Generation Manual, KHA will develop updated trip generation and pass-by trip rates. 4.2.3 KHA will perform an analysis of existing conditions. This will include a determination of roadway capacities, volumes, vehicle- miles of supply, vehicle-miles of demand, existing excess capacity, and existing deficiencies. 4.2.4 KHA will project traffic conditions for the ten-year planning period, the target year for the impact fee growth projections. This will include growth and new demand by service area. KHA will determine the capacity available for new growth. ~-n ...... - . Kimley-Horn and Associates, Inc. Mr. Barry LeBaron, AICP. March I. 2005. Page 7 4.3, Roadway Impact Fee Capital Improvements Plan 4.3.1 KHA will assist the City to develop a Roadway Impact Fee Capital Improvements Plan, which will include cost projections for anticipated projects to be included in the study. The Roadway Impact Fee Capital Improvements Plan will include existing oversized facilities and proposed facilities designed to serve future development. The Roadway Impact Fee Capital Improvements Plan shall include a general description of the project and a project cost projection. Planning level cost projections for future projects will be prepared based on previous experience with Roadway construction costs. The City shall provide KHA with actual City cost information for previously completed projects with excess capacity and any cost contribution to County or State projects. 4.3.2 KHA will identify the portion of project improvements required to serve existing demand and the portion of project improvements required to serve new development within the 10-year planning period. 4.4. Maximum Assessable Roadway Impact Fee Calculation. Using the newly developed lO-year growth projections, roadway impact fee capital improvements plan, and capacity available for new growth, KHA will determine the cost of roadway improvements by service area, the maximum costs per service unit, and the resulting maximum assessable roadway impact fees by service area. KHA will incorporate the financial analysis performed in Task 5 to determine the maximum assessable impact fee per service unit. 4.5. Roadwav Report. KHA will provide both a draft and final Roadway Impact Fee Report. The report will include: 4.5.1 Roadway service areas 4.5.2 Narrative of the impact fee update methodology 4.5.3 Impact fee calculations 4.5.4 Roadway Impact Fee CIP 4.5.5 Exhibits 4.5.6 Because of the relatively high printing costs and the challenge of managing drafts and final versions of each major component of the Impact Fee Update Report, draft versions of the Roadway Impact Fee Report will be submitted in .pdf format. 4.6. Meetings. KHA will prepare for and attend the following meetings: 4.6.1 One (1) meeting with staff to review the Roadway Impact Fee CIP ~-,~ ..... - .-... Kimley-Horn and Associates, Inc. Mr. Barry leBaron. AICP, March 1.2005, Page 8 4.6.2 One (1) meeting with staff to review the proposed Maximum Assessable Roadway Impact Fees 4.7. Deliverables 4.7.1 Electronic (.pdf) copy of the Draft Roadway Impact Fee Report 4.7.2 Upon final approval of the Impact Fee Update and new ordinance by the City Council, KHA will provide forty (40) originals of the Final Impact Fee Update Report, including the Roadway Impact Fee component of the Report (see Task 7). Task 5 - Financial Analysis and Impact Fee Credit Determination $8,000 A financial subconsultant will calculate maximum assessable impact fees for the designated ten-year period for each service function (i.e. water, wastewater, and roadways), as well as detennine the water, wastewater, and roadway impact fee credits in conformance with Chapter 395 of the Local Government Code. This task shall include: 5.1. Select Appropriate Credit Option. In 2001, Chapter 395 was amended to include a plan for awarding either a credit for the portion of ad valorem tax and/or utility service revenues generated by new service units during the program period that are used for payment of improvements that are included in the impact fee capital improvements plan, or a credit equal to 50% of the total cost of the impact fee capital improvements plan. Using the impact fee eligible capital improvement costs and projected service units provided by KHA, the financial subconsultant will calculate the maximum assessable, full-cost recovery impact fees, including applicable financing costs, for the designated period. The financial subconsultant will then meet with City Staff to detennine the credit option (either the credit detennination or 50% of costs) that most appropriately satisfies the balance between the City's funding requirements and the City's desired economic growth. 5.2. Credit Detennination. Assuming the City elects to pursue the credit option involving ad valorem tax and/or utility service revenue, the financial subconsultant will detennine the appropriate credit, if any, and apply this credit to the impact fee detennination in accordance with Chapter 395 requirements. A critical component of this calculation is the examination of funding practices involving existing projects that are impact fee eligible under the newly calculated impact fees. Since Chapter 395 requires a credit for ad valorem taxes and/or utility service revenues from new service units used to fund impact fee eligible projects, a decision must be made as to whether to maintain or modify the existing funding practice for existing projects. The ultimate decision of either maintaining or modifying existing """'-n ....... - .. . Kimley-Horn and Associates, Inc. Mr. Barry LeBaron. Alep. March 1,2005, Page 9 funding practices is generally based on funding needs or the administrative requirements of complying with Chapter 395. 5.3. Impact Fee Determination. After the credit determination is made, the credit will be incorporated into the impact fee calculation. The impact fee calculation performed by the financial subconsultant uses a financial model, which fully recognizes the requirements of Chapter 395, including the recognition of cash and/or debt financing, interest earnings, fund balances, ad valorem taxes, and utility rate revenues. 5.4. Meetings and Presentations. After the impact fees have been calculated, the financial subconsultant will meet with City Staff to review the impact fee determination and address any outstanding issues and/or concerns. Staff s comments and recommendations will be incorporated where appropriate. KHA will incorporate the financial analysis and impact fee credit determination into the final impact fee documentation. Task 6 - Public Hearings and Approval $3,500 6.1. Prepare for and attend one (1) joint CIAC I Council workshop to present fundamentals of Impact Fees, a summary of the Impact Fee Update methodology, and the respective CIP's and Maximum Assessable Impact Fees 6.1.1 KHA will provide twenty-five (25) copies of the Draft Impact Fee Update Report for distribution to the CIAC, Council, and staff 6.2. Upon final approval of the Impact Fee Update and new ordinance by the City Council, KHA will provide twenty (20) copies of the Final Impact Fee Update Report, including Land Use Assumptions, Water, Wastewater, Roadway, and Financial Analysis components the Impact Fee Update. 6.3_ Electronic (,pdt) copy of the Final Impact Fee Update Report Mr. Barry LeBaron, AICP, March 1,2005, Page 10 Additional Services Services not specifically identified in the Scope of Services above shall be considered additional and shall be performed on an individual basis upon authorization by the City. Compensation for additional services will be agreed to prior to their performance. Such services shall include, but are not limited to, the following: · Additional assistance in developing the land use assumptions outside of that described in this agreement · Preparation for and attendance at additional public meetings not specifically identified in the Scope of Services · Furnish additional copies of review documents and/or bid documents in excess of the number of the same identified in the Scope of Services · Reanalysis or recalculation to reflect project scope changes or policy changes requested by the City, addressing changes in direction previously approved by the City, or mandated by changing governmental laws. Information Provided By Client The master plan information used in the analysis shall be provided by the Client. KHA shall be entitled to rely on the completeness and accuracy of all information provided by the Client. Schedule Task I will be completed by the City with assistance from KHA following receipt of a signed copy of this Letter Agreement. Tasks 2 through 5 will be completed within four (4) months following receipt of the information required as part of Task 1. Task 6 will be completed in a timely manner based upon CIAC and City Council schedules, along with the requirements of Chapter 395 of the Texas Local Government Code. Additional services, if desired, will be performed in a timely manner upon authorization by the Client. Fee and Billing KHA will perform the services described in the Scope of Services for a lump sum fee of $71,000. The fee breakdowns provided above are for budgeting purposes only, and are not intended to represent a specific budget amount for each Lump Sum task. KHA reserves the right to reallocate the budget among tasks as determined necessary by KHA. Fees will be invoiced monthly based upon the percentage of services completed as of the invoice date. Payment will be due within 25 days of the date of the InVOice. ~-n ......... --- Kimley-Horn and Associates, Inc. Mr. Barry leBaron, AICP, March 1,2005, Page II Closure In addition to the matters set forth herein, our Agreement shall include, and shall be subject to, the Standard Provisions attached hereto and hereby incorporated herein. The term "the Client" as used in the attached Standard Provisions shall refer to the City of Colleyville. If you concur in all the foregoing and wish to direct us to proceed with the services, please have authorized persons execute both copies of this Agreement in the spaces provided below, retain one copy, and return the other to us. Fees and times stated in this Agreement are valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. Please contact us if you have any questions. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC. 4/?/~ G. Brad Tribble, P.E. Senior Vice President/Project Manager GBT: Attachment - Standard Provisions Agreed to this _ day of ,2005. THE CITY OF COLLEYVILLE, TEXAS A Municipality By: Official Seal: (Print or Type Name) Title: By: , Witness (Print or Type Name) P:\OCXXXI8.024\Col]t:YVII1~\)mpar.:U~_update\c_ vllle_l mpa..:t_f<<-rropos.tl_REV Joe KIMLEY -HORN AND ASSOCIA TES, INC. STANDARD PROVISIONS (1) Consultant's Scope of Services and Additional Services The Consultant's undertaking to perform professional services extends only to the services specifically described in this Agreement. However, if requested by the Client and agreed to by the Consultant, the Consultant will perform additional services ("Additional Services"), and such Additional Services shall be governed by these provisions. Unless otherwise agreed to in writing. the Client shall pay the Consultant for the performance of any Additional Services an amount based upon the Consultant's then-current hourly rates plus an amount to cover certain direct expenses including in-house duplicating, local mileage, telephone calls, postage, and word processing. Other direct expenses will be billed at 1.15 times cost. Technical use of computers for design. analysis, GIS. and graphics, etc., will be billed at $25.00 per hour. (2) Client's Responsibilities In addition to other responsibilities described herein or imposed by law, the Client shall: (a) Designate in writing a person to act as its representative with respect to this Agreement, such person having complete authority to transmit instructions. receive information, and make or interpret the Client's decisions. (b) Provide all information and criteria as to the Client's requirements, objectives, and expectations for the project including all numerical criteria that are to be met and all standards of development. design, or construction. (c) Provide to the Consultant all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary in the Consultant's opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon all of which the Consultant may rely. (d) Arrange for access to the site and other private or public property as required for the Consultant to provide its services. (e) Review all documents or oral reports presented by the Consultant and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the Consultant. (f) Furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and consents from other parties as may be necessary for completion of the Consultant's services. (g) Cause to be provided such independent accounting. legal, insurance, cost estimating and overall feasibility services as the Client may require or the Consultant may reasonably request in furtherance of the project development. (h) Give prompt written notice to the Consultant whenever the Client becomes aware of any development that affects the scope and timing of the Consultant's services or any defect or noncompliance in any aspect of the project. (i) Bear all costs incident to the responsibilities of the Client. (3) Period of Services Unless otherwise stated herein, the Consultant will begin work timely after receipt of an executed copy of this Agreement and will complete the services in a reasonable time. This Agreement is made in anticipation of conditions permitting continuous and orderly progress through completion of the services. Times for performance shall be extended as necessary for delays or suspensions due to circumstances that the Consultant does not control. If such delay or suspension extends for more than six months (cumulatively), Consultant's compensation shall be renegotiated. (4) Method of Payment Compensation shall be paid to the Consultant in accordance with the following provisions: (a) Invoices will be submitted by the Consultant to the Client periodically for services performed and expenses incurred. Payment of each invoice will be due within 25 days of receipt. The Client shall also pay to the Consultant all transaction taxes, if any, whether state, local, or federal, levied with respect to amounts paid hereunder, including but not limited to sales tax. The Consultant shall be compensated in U.S. dollars. Interest will be added to accounts not paid within 25 days at the rate of 12% per annum beginning on the 25th day. If the Client fails to make any payment due the Consultant under this or any other agreement within 30 days after the Consultant's transmittal of its invoice, the Consultant may, after giving notice to the Client, suspend services under this Agreement until all amounts due are paid in full. (b) Ifthe Client objects to an invoice, it must advise the Consultant in writing giving its reasons within 14 days of receipt of the invoice or the Client's objections will be waived. and the invoice shall conclusively be deemed due and owing. (c) If the Consultant initiates legal proceedings to collect payment, it may recover. in addition to all amounts due, its reasonable attorneys' fees. reasonable experts' fees, and other expenses related to the proceedings. Such expenses shall include the cost, at the Consultant's normal hourly billing rates, of the time devoted to such proceedings by its employees. (d) The Client agrees that the payment to the Consultant is not subject to any contingency or condition. The Consultant may negotiate payment of any check tendered by the Client, even if the words "in full satisfaction" or words intended to have similar effect appear on the check without such negotiation being an accord and satisfaction of any disputed debt and without prejudicing any right of the Consultant to collect additional amounts from the Client. (5) Use of Documents All documents, including but not limited to drawings, specifications and data or programs stored electronically. prepared by the Consultant are related exclusively to the services described in this Agreement, and may be used only if the Client has satisfied all of its obligations under this Agreement. They are not intended or represented to be suitable for use, partial use or reuse by the Client or others on extensions of this project or on any other project. Any rev 07/04 modifications made by the Client to any of the Consultant's documents, or any use, partial use or reuse of the documents without written authorization or adaptation by the Consultant will be at the Client's sole risk and without liability to the Consultant, and the Client shall indemnify, defend and hold the Consultant harmless from all claims, damages, losses and expenses, including but not limited to attorneys' fees, resulting therefrom. Any authorization or adaptation will entitle the Consultant to further compensation at rates to be agreed upon by the Client and the Consultant. Any electronic-files are provided only for the convenience of the Client, and use of them is at the Client's sole risk. In the case of any defects in the electronic files or any discrepancies between them and the hardcopy of the documents prepared by the Consultant, the hardcopy shall govern. Only printed copies of documents conveyed by the Consultant may be relied upon. Because data stored in electronic media format can deteriorate or be modified without authorization of the data's creator, the Client has 60 days to perform acceptance tests, after which it shall be deemed to have accepted the data transferred. (6) Opinions of Cost Because the Consultant does not control the cost of labor, materials, equipment or services furnished by others, methods of determining prices, or competitive bidding or market conditions, any opinions rendered as to costs, including but not limited to opinions as to the costs of construction and materials, shall be made on the basis of its experience and represent its judgment as an experienced and qualified professional, familiar with the industry. The Consultant cannot and does not guarantee that proposals, bids or actual costs will not vary from its opinions of cost. If the Client wishes greater assurance as to the amount of any cost, it shall employ an independent cost estimator. Consultant's services required to bring costs within any limitation established by the Client will be paid for as Additional Services. (7) Termination The obligation to provide further services under this Agreement may be terminated by either party upon seven days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, or upon thirty days' written notice for the convenience of the terminating party. In the event of any termination, the Consultant shall be paid for all services rendered and expenses incurred to the effecti ve date of termination, and other reasonable expenses incurred by the Consultant as a result of such termination. If the Consultant's compensation is a fixed fee, the amount payable for services will be a proportional amount of the total fee based on the ratio of the amount of the services performed, as reasonably determined by the Consultant, to the total amount of services which were to have been performed. (8) Insurance The Consultant is protected by Workers' Compensation insurance, professional liability insurance, and general liability insurance and will exchange certificates of insurance upon request. If the Client directs the Consultant to obtain increased insurance coverage, or if the nature of the Consultant's activities requires additional insurance coverage, the Consultant will take out such additional insurance, if obtainable, at the Client's expense. (9) Standard of Care In performing its professional services, the Consultant will use that degree of care and skill ordinarily exercised, under similar circumstances, by reputable members of its profession in the same locality at the time the services are provided. No warranty, express or implied, is made or intended by the Consultant's undertaking herein or its performance of services, and it is agreed that the Consultant is not a fiduciary with respect to the Client. (10) Limitation of Liability In recognition of the relative risks and benefits of the Project to both the Client and the Consultant, the risks have been allocated such that the Client agrees, to the fullest extent of the law, and notwithstanding any other provisions of this Agreement, that the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, employees, agents, and subconsultants to the Client or to anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages whatsoever arising out of, resulting from or in any way related to the services under this Agreement from any cause or causes, including but not limited to, the negligence, professional errors or omissions, strict liability or breach of contract or any warranty, express or implied, of the Consultant or the Consultant's officers, directors, employees, agents, and subconsultants, shall not exceed twice the total compensation received by the Consultant under this Agreement or $50,000, whichever is greater. Higher limits of liability may be negotiated for additional fee. Under no circumstances shall the Consultant be liable for lost profits or consequential damages, for extra costs or other consequences due to changed conditions, or for costs related to the failure of contractors to perform work in accordance with the plans and specifications. This Section 10 is intended solely to limit the remedies available to the Client, and nothing in this Section 10 shall require the Client to indemnify the Consultant. (11) Certifications The Consultant shall not be required to execute any certifications or other documents that might, in the judgment of the Consultant, increase the Consultant's risk or affect the availability, applicability, or cost of its insurance. (12) Dispute Resolution All claims by the Client arising out of this Agreement or its breach shall be submitted first to mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association as a condition precedent to litigation. Any mediation or civil action by Client must be commenced within one year of the accrual of the cause of action asserted but in no event later than allowed by applicable statutes. rev 07/04 2 (13) Hazardous Substances and Conditions (a) Services related to determinations involving hazardous substances or conditions, as defined by federal or state law, are limited to those tasks expressly stated in the scope of services. In any event, Consultant shall not be a custodian, transporter, handler, arranger, contractor, or remediator with respect to hazardous substances and conditions. Consultant's services will be limited to professional analysis, recommendations, and reporting, including, when agreed to, plans and specifications for isolation, removal, or remediation. (b) The Consultant shall notify the Client of hazardous substances or conditions not contemplated in the scope of services of which the Consultant actually becomes aware. Upon such notice by the Consultant, the Consultant may stop affected portions of its services until the hazardous substance or condition is eliminated. The parties shall decide if Consultant is to proceed with its services and if Consultant is to conduct testing and evaluations, and the parties may enter into further agreements as to the additional scope, fee, and terms for such services. (c) Except to the extent of negligence, if any, on the part of the Consultant in performing services expressly undertaken in connection with hazardous substances and conditions, the Client agrees to hold harmless, indemnify, and defend the Consultant from and against any and all claims, losses, damages, liability, and costs in any way arising out or connected with the presence, discharge, release, or escape of hazardous substances or conditions of any kind, or environmental liability of any nature, in any manner related to services of the Consultant. (14) Construction Phase Services (a) If the Consultant's services include the preparation of documents to be used for construction and the Consultant is not retained to make periodic site visits, the Client assumes all responsibility for interpretation of the documents and for construction observation, and the Client waives any claims against the Consultant in any way connected thereto. (b) If the Consultant provides construction phase services, the Consultant shall have no responsibility for any contractor's means, methods, techniques, equipment choice and usage, sequence, schedule, safety programs, or safety practices, nor shall Consultant have any authority or responsibility to stop or direct the work of any contractor. The Consultant's visits will be for the purpose of endeavoring to provide the Client a greater degree of confidence that the completed work of its contractors will generally conform to the construction documents prepared by the Consultant. Consultant neither guarantees the performance of contractors, nor assumes responsibility for any contractor's failure to perform its work in accordance with the contract documents. (c) The Consultant is not responsible for any duties assigned to the design professional in the construction contract that are not expressly provided for in this Agreement. The Client agrees that each contract with any contractor shall state that the contractor shall be solely responsible for job site safety and for its means and methods; that the contractor shall indemnify the Client and the Consultant for all claims and liability arising out of job site accidents; and that the Client and the Consultant shall be made additional insureds under the contractor's general liability insurance policy. (15) Assignment and Subcontracting This Agreement gives no rights or benefits to anyone other than the Client and the Consultant, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole benefit of the Client and the Consultant. The Client shall not assign or transfer any rights under or interest in this Agreement without the written consent of the Consultant. The Consultant reserves the right to augment its staff with subconsultants as it deems appropriate due to project logistics, schedules, or market conditions. If the Consultant exercises this right, the Consultant will maintain the agreed-upon billing rates for services identified in the contract, regardless of whether the services are provided by in-house employees, contract employees, or independent subconsultants. (16) Confidentiality The Client consents to the use and dissemination by the Consultant of photographs of the project and to the use by the Consultant of facts, data and information obtained by the Consultant in the performance of its services. If, however, any facts, data or information are specifically identified in writing by the Client as confidential, the Consultant shall use reasonable care to maintain the confidentiality of that material. (17) Miscellaneous Provisions This Agreement is to be governed by the law of the State of Texas. This Agreement contains the entire and fully integrated agreement between the parties and supersedes all prior and contemporaneous negotiations, representations, agreements or understandings, whether written or oral. Except as provided in Section 1, this Agreement can be supplemented or amended only by a written document executed by both parties. Provided, however, that any conflicting or additional terms on any purchase order issued by the Client shall be void and are hereby expressly rejected by the Consultant. Any provision in this Agreement that is unenforceable shall be ineffective to the extent of such unenforceability without invalidating the remaining provisions. The non-enforcement of any provision by either party shall not constitute a waiver of that provision nor shall it affect the enforceability of that provision or of the remainder of this Agreement. rev 07/04 3 RESOLUTION R-05-2531 A RESOLUTION APPROVING A CONTRACT WITH KIMLEY-HORN AND ASSOCIATES FOR WATER, WASTEWATER, AND ROADWAY CAPITAL IMPROVEMENT PLANNING NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the contract for professional services with Kimley-Horn and Associates for water, wastewater, and roadway capital improvement planning in an amount not to exceed $71,000 is hereby approved AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2005. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL cceCll AGENDA BRIEFING ;C':'(~$ MEETING DATE: ! 04105/05 ITEM # : 11 RESOLUTION # : R-05-2532 CITY MANAGER! DEPARTMENT HEAD ! FINANCE REVIEW ! DEPARTMENT: ENGINEERING SUBJECT : Approval of a Construction Contract with Driver Pipeline, Inc., for the John McCain Underground Electrical Conduit Project, in the amount of $91 ,370 Previous Action: None Reading and Public Hearing During September and October 2004, the City Council discussed burying the electrical power lines by Oncor (TXU Delivery) along portions of Pleasant Run Road and John McCain Road. These discussions were held during the Pre-Council Worksessions. During the October 19, 2004 meeting, Oncor was directed to use the poles along the existing Pleasant Run soccer fields as the route instead of along the frontage of Pleasant Run Road. Also, staff was directed to solicit bids for the installation of underground lines along John McCain Road. Oncor provided the City of Colleyville with a design of the underground system. The scope consists of the installation of approximate 1,800 linear feet of 6" electrical conduit along the frontage of Pebble Hill Estates and Timmaron. Electrical risers and pull boxes will also be installed under this contract. All pavements will be bored. The project was advertised on February 20 and 27, 2005. Bids were opened on March 9, 2005, with Driver Pipeline, Inc., being the low bidder at $79,453 with a 15% contingency of $11,917, for a total of $91,370. Driver Pipeline, Inc., has successfully completed several similar projects for Oncor. Financial Impact The City Council allocated $330,000 from available fund balance for this project. $270,000 was allocated for the installation of the underground electric lines along John McCain Road. Within this segment are two components; the underground conduits and also the actual pulling and connection of the wires to the existing poles on each end of the conduit system. The City will pay Oncor for the cost of pulling the wires for this segment of the project. $36,500 was allocated for the rerouting of the overhead electrical lines along the perimeter of Pleasant Run Park instead of along Pleasant Run Road. A 10% contingency is also included in the $330,000. Funding is available from the Street Department account 01-33-6226. BID TAB Owner: City of Colleyville Engineer: TXU Electric Delivery Project: 2005 John McCain Road Underground Electrical Conduit Project Bid Date: March 9, 2005 No. Bidder Bid Amount 1 Driver Pipeline Inc. $79,453.00 2 Mastec $86,840.00 3 C&S Utility Construction Inc. $98,750.00 _ ",__",___~_,__,~'_'~_'_' ..___..._.__._..._.,.,__.,,_.,,__..____......_~..._'_w___."'_ _.____.__ ORDINANCE 0-04-1489 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 0-04-1478 RELATING TO THE FISCAL YEAR 2004-2005 BUDGET. TO AUTHORIZE THE EXPENDITURE OF $330,000 OF UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE BURYING OF POWER LINES BY ONCOR (TXU ELECTRIC DELIVERY) ALONG PORTIONS OF PLEASANT RUN PARK AND JOHN MCCAIN ROAD; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council desires that additional funding be added to the Street Department (line item Account 001-33-6226) in the amount of $330,000 for the burying of power lines by Oncor (TXU Electric Delivery) along portions of Pleasant Run Park and John McCain Road and the source of the funding is the unappropriated fund balance; and WHEREAS, the appropriation was not included in the Fiscal Year 2004-2005 Budget approved by the City Council. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE. TEXAS: Sec.1. THAT all of the above premises are found to be true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety herein. Sec. 2. THAT appropriations in the annual budget for Fiscal Year 2004-2005 as adopted by Ordinance 0-04-1478 are amended to read as follows: General Fund Utility Fund (Water & Wastewater) Debt Service Fund Drainage Utility Fund $14,250,071 $ 8,468,927 $ 2,132,271 $ 672,036 Sec.3. THAT the City Manager be and is hereby authorized to make the appropriate change to the budget to reflect the changes noted above. THAT the effective date of this ordinance shall be immediate upon its passage. Sec.4. AND IT IS SO ORDERED. Ordinance 0-04-1489 Page 2 of 2 The first reading and public hearing being conducted on the ~ ~ 2004. /~~ day of day of Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: .. ! Ross.T. Foster City Attorney RESOLUTION R-05-2532 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH DRIVER PIPELINE, INC., FOR THE INSTALLATION OF UNDERGROUND ELECTRICAL CONDUIT ALONG JOHN MCCAIN ROAD WHEREAS, the Colleyville City Council desires to maintain the aesthetics of John McCain Road; and WHEREAS, City Council directed staff to install the underground electrical conduit adjacent to Pebble Hill Estates and Timarron along John McCain Road; and WHEREAS, the construction bids for the underground electrical conduit project were received on March 9, 2005; and WHEREAS, Driver Pipeline, Inc., submitted the lowest bid. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the construction contract with Driver Pipeline, Inc., for the installation of underground electrical conduit on John McCain Road, in the amount of $91 ,370, 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 Of ilC9 Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, February 7,2005 6:30 p.m. Vince Rosen called the meeting to order at 6:32 p.m. on Monday, February 7, 2005 at the Parks and Recreation office. ROLL CALL: GCISD Liaison Nancy Coplen, Bob Leininger, Connie Hampton, Jerry Birkes, Pat Horn, Steve Dalri and Vince Rosen ABSENT: Councilperson Elaine Dolan, Councilperson Tom Hart, GiI Turner and Pete Riis. STAFF: Monica Walsh, Director of Parks and Recreation and Craig Dishman, Recreation Supervisor. 1. Call to Order 2. Approval of the January 3, 2005 Parks and Recreation Advisory Board Minutes Connie Hampton moved to approve the January 3, 2005 Parks and Recreation Advisory Board Minutes. Jerry Birkes seconded the motion. The vote was unanimous. 3. Introduction of Parks and Recreation Advisory Board members appointed for the term January 2005 - December 2006. The new Parks and Recreation Advisory Board member for Place 5 is Pat Horn and for Place 7 is Steve Dalri. Parks and Recreation Advisory Board Meeting February 7, 2005 Page 2 4. Appoint Parks and Recreation Advisory Board Chairman and Vice- Chairman Jerry Birkes moved to nominate Bob Leininger as Chairman. Steve Dalri seconded the motion. The vote was unanimous. Bob Leininger moved to nominate Pete Riis as Vice-Chairman. Connie Hampton seconded the motion. The vote was unanimous. 5. Discussion and Consideration of Appointment of Representatives to serve on Subcommittees Connie Hampton and Vince Rosen volunteered to continue to serve on the Park Land Dedication Committee. Vince Rosen volunteered to continue to serve on the Bransford Park Master Plan Committee; and Monica Walsh, Director of Parks and Recreation, will contact Pete Riis to see if he wishes to continue to serve. Pat Horn moved to nominate Pete Riis, Jerry Birkes and Connie Hampton to serve on the Tree Board. Bob Leininger seconded the motion. The vote was unanimous. Bob Leininger volunteered to continue to serve on the Pleasant Run Master Plan Committee and Jerry Birkes volunteered to fill the vacancy on that committee. Pat Horn and Steve Dalri volunteered to serve on the Sidewalk/Trail Committee. 6. Recreation, Athletics, Tennis and Seniors' Reports Craig Dishman, Recreation Supervisor, provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. A tennis carnival was held on January 29, 2005 to introduce the new tennis pro, Scott Eddins. 7. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. Information was distributed on a parcel of land located at 1008 Church Street which is currently for sale. 8. Adjournment Connie Hampton moved to adjourn at 7:15 p.m. Jerry Birkes seconded the motion. The vote was unanimous. Respectfully submitted and approved: jii / .\(. 1\\/ l,< /,. z <i'><v,.L:rP;:.. Dixie S: Smith, Administrative Secretary COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES February 14, 2005 I. CALL TO ORDER - Chair Pat Jones called the meeting of the Colleyville Public Library Board to order at 7:02 p.m. ROLL CALL - Members present: Pat Jones, Karen Birkes, Nancy Eytcheson, Susan Potter, Richard Roxburgh, Bonnie Carroll and Carol Wollin Alternates present: Dennis Healy Alternates absent: Angie Guthrie-Madison Ex-Officio Members Present: John Eubanks and Susan Taylor Ex-Officio Members absent: Mayor Joe Hocutt, Dr. Larry Darlage, Ret Stansburger, Steve Banta and Ginny Tigue Council Liaison Absent: Jon Ayers Staff present: Mary Rodne Also present: Joan Cochran II. Approval of January 10, 2005 Minutes - A motion was made by Bonnie Carroll and seconded by Susan Potter to approve the January 10, 2005 minutes. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library January 2005 Usage Statistics, for review and discussion. Patrons had checked out a total of 10,073 items, 190 Colleyville residents registered for Library cards, library patron visits totaled 5,739, attendance for programs totaled 202 and volunteer hours totaled 216.20. b. Donations Director Rodne reported that the Library had received donations in the amount of $41,506; $40,000 from the Colleyville Public Library Foundation; $757 from the Friends of the Library; $500 from Mobil Retiree Matching Grant for volunteer hours of Rosemary Fitch; $25 from the Chelsea Park Neighborhood Association; $200 from the South lake Newcomers Club and $24 from Karen Fonville for the Adopt-A-Magazine Program. c. Programs Director Rodne presented an overview of the 2005 Summer Reading Program, themed Superheroes, Powered By Books, which is scheduled to start June 6th and end on July 23rd. A variety of programs are being planned for six weeks. A Summer Reading Finale has been tentatively scheduled on July 28th, and will feature Local Heroes and a variety of entertainment. IV. NTRLS System Assembly Meeting Report Pat Jones gave a report on the NTRLS System Assembly Meeting that she and Library Director Mary Rodne had attended on January 27, 2005, in Saginaw. Jones reported that the System FY 2006 Budget had been presented at two levels, and that the System Membership had voted on the two budgets. Menu allocations for System member libraries will be based on the level of funding approved by the State Library. Jones also noted that the TLA Legislative Day was scheduled on February 16th. V. Policy Review a. Circulation Policy VI. Director Mary Rodne presented the Circulation Policy with the proposed change regarding long overdue library materials. Discussion ensued. A motion was made by Richard Roxburgh and seconded by Carol Wollin to approve the revised Circulation Policy as presented. Motion approved unanimously. b. Interlibrary Loan Policy Director Mary Rodne reported that the Texas State Library and Archives Commission had set forth a new ILL, Interlibrary Loan, requirement for system membership, and that each member library needed to create an ILL Policy, including borrowing and lending policies. Rodne distributed a draft ILL Policy for review and discussion at the March 14, 2005, Library Board Meeting. Rodne noted that the policy needed to be submitted to the System by June 1, 2005. VII. PRESENTATION OF LONG RANGE PLANNING PROCESS Chair Pat Jones introduced Joan Cochran, a retired Verizon Process Manager, to present an overview of the Library Long Range Planning Process. Joan Cochran opened the presentation with a brief biographical overview and noted that she was very interested in facilitating the process, and offered her services as a volunteer. She noted that she was interested in registering for The New Planning for Results online course available through the Public Library Association. Cochran reported that she had reviewed The New Planning for Results library planning manual and that she was very familiar with this process. She distributed a sample timeline, which highlighted The New Planning for Results planning steps and tasks. The Library Board thanked Joan Cochran for coming to make a presentation and indicated that she would be informed of the Board's decision regarding the long range planning process. VIII. DISCUSSION OF LONG RANGE PLANNING PROCESS The Library Board reviewed the proposal presented by Joan Cochran, The New Planning for Results timeline, and the cost of The of the New Planning for Results online course. Discussion ensued. A motion was made by Susan Potter and seconded by Nancy Eytcheson to accept the proposal of Joan Cochran and to recommend reimbursement of the online course fee. Motion approved unanimously. IX. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT Susan Taylor presented an overview of the Friends of the Library activities. She reported that the 5th annual Millionaire event had been scheduled on April 8, 2005, at the Colleyville Center. She invited everyone to the Friends Meeting scheduled on March 1 st at 7:30 in the Library meeting room, and announced that the featured speaker would be June Naylor, author and writer for the Star- Telegram. X. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Pat Jones reported that President Ginny Tigue had presented a $40,000 check to the Colleyville Public Library on behalf of the Colleyville Public Library Foundation at the February 1, 2005, City Council Meeting. XI. SUGGESTED ITEMS FOR FUTURE MEETINGS Colleyville Public Library Board Bylaws XII. CITIZEN COMMENTS None XIII. ADJOURN: A motion was made by Bonnie Carroll and seconded by Carol Wollin to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 8:45 PM. .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - February 28,2005 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, Denis Duffy and Jeff Byerly were present. Commissioner John Blassingame was absent. Barry LeBaron, Chris Fuller, Amy Shelley, Robert Woods and Chad Bartee from staff were present. INVOCATION The invocation was given by Commissioner Bartkowski. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Duffy reminds the Commissioners and the audience about the importance of speaking into the microphone when responding to applicants. Commissioner Edwards moved to approve the minutes of the February 14, 2005 meeting. Commissioner Dolan seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-05-006 - Final Plat of Pine Hill Estates Addition, 3.67 acres located on Abstract 331, Tract 2C of the A.J. Caldwell Survey at 1209 Tinker Road Chris Fuller presented the case and briefed the Commission. Commissioner Duffy made motion to approve Case P-05-006. Commissioner Planning & Zoning Commission Minutes - Februray 28, 2005 Page 1 of 13 Edwards seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Duffy and Byerly Nay: None PUBLIC HEARING AGENDA ITEMS 2. Case G-05-006- PUBLIC HEARING - Proposal to amend the Master Thoroughfare Plan as outlined in the City of Colleyville Master Plan 2004-2025 Barry LeBaron presented the case and briefed the Commission. Commissioner Byerly questioned staff if the 60 foot Right-of-Way (ROW) would be sufficient at the far north section around the new school? Barry LeBaron responded overall the 60 foot ROW would be sufficient but would not know for sure until all engineering plans are completed. Commissioner Dudziak questioned if voting on the street alignment is a recommendation? Barry LeBaron stated the vote will go to city council with tentative dates already scheduled. Commissioner Dudziak questioned about the two different types of two lane roads and turning lanes? Is this planned Commercial area to the west and would this be sufficient road way for traffic to move? Barry stated if additional ROW needs to be dedicated, it can be done at the time of platting. The 75 foot ROW is approved in the design standards for this type of street. Commissioner Byerly opened the public hearing at 7:23 p.m. Lisa Stadjahar, 101 Williamsburg Court and owns land at 816 LD Lockett stated being opposed to alignment A, but would prefer alignment C because it would help to maintain the rural feel. Overall, Mrs. Stadjahar stated she would prefer this case be tabled so that her husband could attend. Jeff Zimmerman, 501 W. Lavaca Trail, opposed to alignment A and B, would prefer alignment C. John Butler, 908 LD Lockett, spoke in favor of alignment A because it is already in the Master Plan, however, would like to have a two lane, not a four lane, residential street. Mr. Butler stated having concerns with a four lane road creating traffic hazards. Larry Cole, 400 Country Place, spoke in favor of alignment A because that was approved by the council. Mr. Cole stated if he had to choose another alignment, alignment C would be the pick, but only if the road were moved an additional 200 feet off the back of the Emerald Park addition. Andrew Mittag, 901 W. Lavaca Trail, concerned with congestion relief on Lavaca Trail. Alignment A will take away the rural quality of the whole area. Mr. Mittag stated that Precinct Line Road is already a four lane road that could possibly be a six lane road in the future. Mr. Mittag stated alignment C would be a better pick; Planning & Zoning Commission Minutes - Februray 28, 2005 Page 2 of 13 however he would prefer none of the alignments presented. Ruth Ann Plain, 909 W. Lavaca Trail, spoke in favor of alignment A, at this time, especially getting children back and forth to the new school being built at the corner of Precinct Line and McDonwell School Road. Mrs. Plain stated the other two alignments would not benefit the city. Joe Mcintosh, representing the Doyle Mcintosh Family LP, spoke in favor of alignment C because of the long term benefits to Colleyville. Mr. Mcintosh stated this alignment would abut the elementary school property and would benefit that development. David Markham, representing the Jones Family, spoke in opposition to alignments C and B, basically opposed to all alignments. The city would benefit more if McDonwell School Road and LD Lockett Road were improved. Gregory Van Nieuwenhuize, representing the Lavaca Trail LLC, opposed to all alignments. Mr. Nieuwenhuize questioned the need for another collector street? Stated Colleyville needs an east west collector street, not a north south collector street. If an alignment has to be made, alignment A would be the better choice. Judy Ruggere, 1013 W. Lavaca Trail spoke on behalf of her mother at 1101 W. Lavaca Trail as well. Ms. Ruggere spoke in opposition to alignment B, it would take away her house. She stated the need for an east - west collector street. Ms. Ruggere stated having concerns with drainage. She stated alignment A would probably be the best choice and was already approved in the Master Plan. Danny Ogle, 1009 W. Lavaca Trail, spoke in favor of alignment A because that is what the city council approved. This alignment would benefit the city. Mr. Ogle stated alignment C is too close to Precinct Line Road. There being no one wishing to speak, the public hearing was closed at 8:00 p.m. Commissioner Edwards stated to divide discussions into segments such as, how wide is the road going to be, location of street north of Lavaca and location of street south of Lavaca. Questioned the width of the road and stated not needing a four lane road. Stated this is just dotted lines on a map and there are no guarantees of this ever being built. Would like to keep the rural feel, the 60 feet would be great, but more in favor of a 75 foot cross section because it would give the city more flexibility. Commissioner Byerly concurred with Commissioner Edwards, more flexibility is better than less. Commissioner Byerly stated the staff mentioned 60 feet would not meet the current design standards. Commissioner Byerly questioned staff for examples of some streets that would show the comparisons of the 60 foot versus the 75 foot wide design standard. Barry LeBaron replied a typical residential street has a 50 foot ROW with a 31 foot pavement section. We have some long cul-de-sacs that have 36 foot pavement sections. Commissioner Byerly questioned if any of those streets are in the area of McDonwell School Road? Barry LeBaron responded that McDonwell School Road has somewhere in the Planning & Zoning Commission Minutes - Februray 28, 2005 Page 3 of 13 area of 22 or 24 foot pavement sections. Commissioner Dudziak stated being comfortable with the 75 foot ROWand having the flexibility with the turning lane. Commissioner Duffy questioned staff if preliminary plans were filed when the PUD-C that Mr. Cole referred to was filed? Barry LeBaron responded preliminary plans were filed at the same time the PUD-C request for the Emerald Park PUD- C was started, the residential component and commercial component. The residential component was platted but the commercial component has not been platted. Commissioner Edwards questioned, for clarity, the commercial component for Emerald Park is not set? Barry LeBaron replied correct. Commissioner Duffy questioned staff if the PUD-C containments are included in the Emerald Park boundaries? Barry responded correct, it parallels the Emerald Park addition and completes that rectangle area. Commissioner Duffy questioned if Lavaca Trail going north with alignment C would have CC2 zoning connecting to the school site? Barry LeBaron responded correct. Commissioner Duffy stated the alignment A speakers would prefer the movement of alignment A to leave room for development. Barry replied the movement would happen at the time of platting; right now these are just lines on a map. Commissioner Duffy questioned if there is a plan for a traffic light for Precinct Line and Lavaca Trail? Barry responded not at this time. Commissioner Duffy stated alignment B would too cost prohibited because of the water plain and liking alignment C because the school would have the greater impact and the roadway impact fees could possibly be received from the school. Commissioner Byerly questioned staff where do all three alignments line up in regards to the school, on the north end? Barry LeBaron replied alignment C is on the eastern boundary of the school property and alignment A is on the west side of Rosewood addition and alignment B would split the difference between the two. Staff even considered a fourth option 0, considered retaining the alignment A section between Lavaca Trail and LD Lockett and then retaining the alignment C portion between McDonwell School Road and Lavaca Trail and cutting across in a north westerly direction. Commissioner Edwards questioned staff if the purpose of this was to realign a future road with commercial property? Barry LeBaron replied correct. Commissioner Edwards stated alignment A will allow even more high density developments and the residents in this area have already stated they want to keep their acreage. The rural feel would disappear with alignment A. Commissioner Byerly stated liking alignment C from McDonwell School Road to Lavaca Trail and then south of Lavaca less sure of what needs to be done. Mr. Cole probably has a plan for his commercial property and maybe the city does Planning & Zoning Commission Minutes - Februray 28, 2005 Page 4 of 13 not need a road. However, maybe this road would create the buffer needed between the residential and commercial developments. Commissioner Duffy questioned staff about the stub going west on the northern end of Sterling at Emerald Park, is that the fire lane? Barry LeBaron replied correct. Commissioner Duffy questioned the width of the easement? Barry LeBaron questioned staff, Chad Bartee if he knew the width? Chad Bartee stated not knowing for sure about the width of the easement but the pavement width is 24 feet. Commissioner Edwards stated alignment C could run through the commercial property, therefore office buildings could split the residential and commercial properties. Barry LeBaron stated trying to keep the commercial as large as possible, but that could be an option. The concept plan for the PUD would need to be reviewed for this roadway if moved further to the west. Commissioner Dudziak questioned staff, if not most of the area on alignment A, delegated as a commercial zone? Barry LeBaron replied the whole rectangle was commercial and office. Commissioner Dudziak stated the residents bought into this area knowing alignment A would be the best option because of this commercial area for growth and also stated alignment A was approved by the city council, therefore allowing the city to develop the large area that would back up to the residential development. Commissioner Edwards questioned Commissioner Dudziak if he did not have a problem with going through those estate properties? Commissioner Dudziak replied those estate properties where already there when the Master Plan was started and also when the Master Plan was updated. The residents knew about those changes and most who have spoken are in favor of alignment A. Commissioner Byerly stated alignment A went away when the Emerald Park addition was developed. Commissioner Byerly stated alignment A would create higher density developments like Emerald Park and the residents in this area are opposed to high density. Commissioner Duffy stated having concerns with alignment A with the traffic created by the school. Commissioner Duffy stated liking staff's suggestion about a different alignment, alignment "0" to create a better flow for school traffic and commercial traffic. Commissioner Dolan stated these are just lines on a map, nothing is set. The residents have already pointed out keeping the rural feel in this area. There is not an alignment that anyone just can not live without. Commissioner Dolan stated he does not feel, at this point, there is a need for a north south road. Commissioner Edwards stated the city has a compelling need to have an alternate route in case something happens on Precinct Line Road. Commissioner Edwards stated alignment C would be contiguous with the new school and regardless that there is not a road on the Master Plan right now, if commercial development comes in, that development can put in a road. The city Planning & Zoning Commission Minutes - Februray 28, 2005 Page 5 of 13 needs to have an established route for circulation of traffic. Commissioner Byerly made suggestion to table this case until further studies can be made from staff eliminating alignment B, decide if alignment C or alignment A can be rerouted or create a new alignment. Commissioner Duffy requested from staff a copy of the PUD on the commercial property. Barry LeBaron responded staff would get a copy to him. Commissioner Byerly stated sending notifications to all persons who spoke and others on Lavaca Trail. Commissioner Dudziak stated needing to have a reply from the Economic Development Director, Scott Welmaker on his vision for this area. Scott Welmaker stated he could get information ready for the Commissioners. However, developers request better east west routes. Commissioner Edwards made motion to approve the 75 foot cross section for the proposed road way. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Duffy and Byerly Nay: None Commissioner Byerly made motion to table case G-05-006. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Duffy and Byerly Nay: None Commissioner Byerly made motion to have a break at 8:35 p.m. and to reconvene at 8:40 p.m. Commissioner Byerly reconvened meeting at 8:40 p.m. 3. Case Z-OS-002- PUBLIC HEARING- Request for a zoning change from AG to R20 on 24.108 acres, Abstract 404, Tracts 1, 3A and 3C of the William Dunn Survey located at 6805 Pleasant Run Road Chris Fuller presented the case and briefed the Commission. Commissioner Edwards questioned the line of lots on the east side? Chris Fuller replied that is the Warwick Parc addition that has been penciled in and is not part of this request. Commissioner Byerly questioned the flag lot that is on the zoning exhibit, is that an allowed frontage? Chris Fuller replied no, it does not have the required frontage for John McCain however those issues would be addressed at the time of platting. Commissioner Bartkowski questioned the status of Warwick Parc? Chris Fuller responded Warwick Parc was approved in the summer of 2004 and is currently Planning & Zoning Commission Minutes - Februray 28, 2005 Page 6 of 13 under construction. Commissioner Byerly opened the public hearing at 8:50 p.m. John Fegan, applicant, presented his request and briefed the Commission. Mr. Fegan stated having met with the neighbors about his plans. Mr. Fegan stated the flag area on the exhibit would probably be a trail area that would loop to the Cottonbelt Trail; it would be dedicated to the Parks Department. Commissioner Edwards questioned Mr. Fegan where he has other developments? Mr. Fegan stated Warwick Pare and another one at White Chapel Road and 1709 in South lake, Stratford Pare. Commissioner Edwards questioned if Mr. Fegan plans to connect to Warwick Pare? Mr. Fegan replied at the time of platting Warwick Pare, a street was stubbed for connection. Commissioner Duffy questioned Mr. Fegan about the open space with the large pond, what are the elevation patterns? Mr. Fegan stated making a storm drainage system for the pond, stating the pond is not function able in its current state. Commissioner Duffy questioned if there are plans to connect to the stock tank that drains across John McCain? Mr. Fegan stated yes. Tim Meadows, 6901 Pleasant Run Road, appreciates Mr. Fegan working with the neighbors. Mr. Meadows stated being happy with what will face his property, however, nervous that Mr. Fegan's lot configuration could change since this is just zoning and not platting. Mr. Meadows stated liking the stone wall feature but has concerns with the drainage issue. C.L. Madden, 6112 Hunter Lane, spoke in opposition to the R20 zoning. Dinah Stephens, 612 Shelton Drive, spoke in opposition to the R20 zoning. Bill Stephens, 612 Shelton Drive, spoke in opposition to the R20 zoning, would prefer the R40 zoning. This density in this area does not go with the estate properties. Mr. Stephens stated having concerns with traffic and drainage. Dean Davis, 6316 Pleasant Run Road, spoke in opposition to the R20 zoning. Mr. Davis stated having concerns with traffic and the pollution generated with more traffic from those homes. James Day, 805 Shelton Drive, spoke in opposition to R20. Mr. Day stated having concerns with higher density and traffic. Mr. Day stated R40 would be better. Tom Quinn, 6817 Pleasant Run Road, opposed to the R20 request and feel it is inconsistent with the character of the property. Mr. Quinn stated having concerns with the size of the lots and the density in that area. Bill Lothrop, 609 Shelton Drive, spoke in opposition to the R20 zoning. Mr. Lothrop stated having concerns with lot size and density. Mr. Lothrop stated R20 does not fit with this area of Colleyville. Mr. Lothrop would like a minimum of R40 zoning. Lynn McKeown, 6909 Pleasant Run, spoke in opposition to the R20 request. Planning & Zoning Commission Minutes - Februray 28, 2005 Page 7 of 13 She stated appreciating Mr. Fegan working with the community, however she stated having concerns with the density in the area. Mrs. Joan Quinn, 6817 Pleasant Run Road, spoke in opposition to the R20 request, most of the zoning in the area is already R40 or RE. Mrs. Quinn stated the Master Plan states to maintain the rural atmosphere. There being no one wishing to speak the public hearing was closed at 9:20 p.m. Commissioner Byerly reopened the public hearing at 9:20 p.m. Roy Erwin, 6908 Pleasant Run Road, spoke in opposition to the R20 request. There being no one wishing to speak the public hearing was closed at 9:21 p.m. John Fegan, the applicant, spoke in response to the opposition stating the areas of drainage would be cleaned. Mr. Fegan stated that the whole area is not RE or R40. Mr. Fegan stated offering to plant trees to buffer the area. He also stated having the property to be deed restricted to stone walls not just wood fencing. Commissioner Byerly stated the open space is not a requirement for R20 zoning. Mr. Fegan responded the open space would create a detention and would also be a park area. Mr. Fegan stated dedicating the old log cabin on this property to the city and he would pay to have it moved. Mr. Fegan stated he is giving more open space than he is required to for straight zoning. Commissioner Duffy stated the homes are large for the R20 lots. Commissioner Duffy questioned Mr. Fegan about the square footage planned for these homes and the percentage of lot coverage? Mr. Fegan responded having the development deed restricted to about 3,500 square feet with the homes being about 5,000-5,800 square foot homes. Commissioner Dudziak questioned staff about the traffic study in the briefing, any plans to update the streets or would R40 zoning or better to cut down on the traffic. Barry LeBaron responded the city will have to deal with making improvements as needed based on the build out of R20 zoning and the road way impact fees are based on build out of R20 zoning. Commissioner Dudziak questioned if Pleasant Run could accommodate the additional traffic? Barry LeBaron stated, yes. The city has currently been focusing on intersection improvements. Commissioner Byerly questioned staff if the Master Plan states open feel, large estate lots on major collector streets to create an open feel. Barry LeBaron stated to approve zoning that would allow estate developments that front on major collector streets. Barry LeBaron stated Mr. Fegan is doing things to this development that are not required in the R20 zoning, like the open space on John McCain. Those amenities are market driven and that is why he is doing those open spaces. Commissioner Byerly stated this development would work in this area. He stated this request gives a good transitional nature between the soccer fields and estate lots. Planning & Zoning Commission Minutes - Februray 28, 2005 Page 8 of 13 Commissioner Bartkowski concurred with Commissioner Byerly; however the R30 zoning would be a better buffer between the R20 and R40 lots. Commissioner Dolan stated the character of the area is R40 plus not R20. Commissioner Edwards concurred with Commissioner Dolan; this plan looks better than other plans, however the R20 zoning assumes nothing like a PUD. Commissioner Edwards stated if the Commission were to approve R20 zoning, anybody could come back with any lot configuration and it would be approved as long as it met the requirements of the R20 zoning. Commissioner Edwards stated having concerns that the layout could change and does not feel comfortable approving the R20 zoning. Commissioner Dudziak stated some of the lots facing Pleasant Run Road could be larger and concurs with Commissioner Edwards this request would be better as a PUD because the layout could be locked in to place. Commissioner Byerly questioned the applicant if a PUD would be more feasible? Mr. Fegan responded being willing to do a PUD. Barry LeBaron stated the 20% open space requirement drives the sizes of the lots to keep the yield of the lots. Commissioner Byerly questioned staff if there could be inconsistencies with the preliminary plat and final plat if both were submitted at the time of zoning? Barry LeBaron stated they would both have to arrive at the same time to city council. The Land Development Code states the preliminary plat would have to be consistent with the final plat. Commissioner Byerly questioned staff if the applicant could change the request to a PUD? Barry LeBaron stated the property owners would need to be renotified, in other words start over. Commissioner Duffy stated it would be unfair to the applicant to do the work for a preliminary plat and to those who have spoken tonight especially since the consensus is to have R40 or larger zoning. Commissioner Dolan stated the applicant has done a very good job in presenting this zoning case, but the engineering and platting issues are to be done separate from zoning. Commissioner Dolan stated this layout just does not work for Pleasant Run Road. Commissioner Edwards made motion to approve case Z-05-002. Commissioner Byerly seconded. The motion to approve failed by the following vote: Aye: Dudziak, Byerly Nay: Dolan, Bartkowski, Edwards, Duffy Commissioner Edwards made motion to deny case Z-05-002. Commissioner Bartkowski seconded. The motion to deny was approved by the following vote: Planning & Zoning Commission Minutes - Februray 28, 2005 Page 9 of 13 Aye: Dolan, Bartkowski, Edwards, Duffy Nay: Dudziak, Byerly 4. Case Z-05-007 - PUBLIC HEARING - Request by Dallas Baptist University for a Special Use Permit for a satellite facility on Lot 1 R, Block 1, Town Center Colleyville Phase I, located at 5611 Colleyville Blvd, Suite 240 Chris Fuller presented the case and briefed the Commission. Commissioner Duffy questioned staff if the addressing of Suite 240 is just a section of the building? Chris Fuller stated correct, it is a leasing space. Commissioner Duffy questioned staff since this is a church facility would it be taken off the tax rolls? Chris Fuller responded no, this is an educational facility. Commissioner Duffy questioned staff if there will be a satellite antenna on the top of the building? Chris Fuller stated no. Commissioner Dudziak questioned if the Special Use Permit will stay at that location if the school moves? Barry LeBaron correct, it will stay as an additional permitted use for that space and the ordinance is written specifically to state this location or suite only. Commissioner Byerly opened the public hearing at 9:50 p.m. Ozzie Ingram, 3000 Mountain Creek Parkway, applicant, presented the request and briefed the Commission. Commissioner Byerly questioned the applicant about the time frame the school will be there? Mr. Ingram stated not knowing at this time; however the lease is for three years. Commissioner Byerly questioned Mr. Ingram about the maximum number of students being there at one time? Mr. Ingram replied there would be at least 60 students, 30 students per class room, Monday thru Friday. There being no one wishing to speak, the public hearing was closed at 9:55 p.m. Commissioner Dudziak questioned staff about the number of cars per the number of students, the ratio in the code states 1 car per 3 students? Barry LeBaron stated the code needs to be updated to reflect the new number of cars per student. The ratio would be higher. The shopping center has over 100 spaces available. Commissioner Dudziak stated the restaurant would be open at the same time as the classes therefore creating possible problems with parking at peak hours. Barry LeBaron stated the parking spaces counted were only the ones near the school. Commissioner Dudziak stated if the developer or tenants do not have any issues, he does not either. Commissioner Duffy made motion to approve case Z-05-007. Commissioner Edwards seconded. The motion was approved by the following vote: Aye: Dudziak, Dolan, Bartkowski, Edwards, Duffy, Byerly Nay: None Planning & Zoning Commission Minutes - Februray 28, 2005 Page 10 of 13 TABLED ITEMS 5. Case P-05-004 - TABLED - 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 Commissioner Byerly made motion to remove case P-05-004 from the table, seconded by Commissioner Bartkowski. The motion was approved by the following vote: Aye: Dolan, Bartkowski, Edwards, Duffy, Byerly Nay: Dudziak Barry LeBaron presented the case and briefed the Commission. Commissioner Dudziak stated each homebuilder shall construct sidewalk on the lot frontages, it does not say north south etc. At that point, the ordinance reads, the homebuilder would be required to build a sidewalk including the south side of the street. Barry LeBaron stated the applicant may be better to answer who would build that five foot sidewalk. Commissioner Dudziak questioned staff if his understanding of the sidewalk, is that a sidewalk would not be constructed on the south side of the street. Barry LeBaron stated the developer only wanting the sidewalk on one side of the street. Commissioner Dudziak stated the easements are to not to allow drainage easements along open space. Commissioner Dudziak stated it appears that the open space is being counted in and included as drainage easements and that was not the intent of the PUD open space ordinance regulations. Commissioner Dudziak states this open space does not give consideration to the city and does not contribute to the subdivision. Barry LeBaron stated this is the open space that has been considered through this process and totals the 22%. Commissioner Dudziak states the open space can not be used for drainage. This developer is using this open space for drainage not detention and should not be counted as open space. Commissioner Byerly questioned staff if interpretation of this drainage can be counted in the open space is consistent with the preliminary plat at the time of the PUD approval. Barry LeBaron stated this open space is adjacent to the 100 year flood plain and is still counted as open space. Commissioner Dudziak stated if the plat does not comply with the 20% open space requirement, then the commission will have approved a plat that did not comply with the PUD requirement. Barry LeBaron stated correct, but approval has been done in the past with out plats complying with requirements. Commissioner Duffy questioned about the sidewalk plan, no sidewalks on the plat along the loop on the plat? Barry LeBaron stated correct. Commissioner Planning & Zoning Commission Minutes - Februray 28, 2005 Page 11 of 13 Duffy questioned the line on the plat and Barry LeBaron stated that is the building set back line. Commissioner Duffy stated those homes will not have a sidewalk. Barry LeBaron stated the developer did not want on both sides. Commissioner Edwards stated the city council has already approved this zoning and the Commission has no recourse. Commissioner Dudziak questioned City Attorney, Matthew Boyle, who would be responsible if the creek bed creates erosion on these lots and encroach on these land owners? Mr. Boyle stated we would do our best to insure no liability would accrue to the city, however there are no guarantees. Commissioner Dudziak questioned if there could be something put on the plat by the developer so that the city could be sure nothing would happen? Mr. Boyle stated essentially if the developer has met all the requirements of the Land Development Code, the Commission is obligated to approve the plat. Commissioner Dudziak questioned if there is an error in interpretation of how the plat is laid out, will the Commission have recourse? Mr. Boyle replied the recourse would be concluded if staff has made an erroneous decision also; the city council will need to review and approve. Commissioner Duffy questioned staff if the HOA owns the drainage area but fails to maintain the drainage area, then is not it the HOA's responsibility? Barry LeBaron replied correct. Commissioner Duffy questioned if the drainage area were to fail, would the responsibility fall back on the homeowner's and not on the city? Barry LeBaron replied it depends. Mr. Boyle stated the green areas are the responsibility of the HOA, if the Commission is concerned with the failing of the bedding then that language is what needs to be stated clearer. Commissioner Bartkowski questioned if the city owns the creek? Barry LeBaron replied the city does not own the creek. Commissioner Bartkowski questioned if the city does not have responsibility to maintain the drainage way? Barry LeBaron replied correct and stated the city may have some drainage easements through there; however, staff is not sure at this time. Commissioner Dudziak stated wanting to see the final draft of the covenants to make sure the HOA will be the one responsible for the open space. Barry LeBaron stated not having a copy of those covenants. Commissioner Dudziak stated those documents are required now, at the time of final plat. Commissioner Byerly questioned if those documents have been submitted? Barry LeBaron replied documents have not been submitted. Dan Quinto, the applicant, stated he thought he had submitted everything the city had requested, however, he has not submitted the proposed covenants. Commissioner Dudziak questioned staff about the flumes that will go across the open space? Robert Woods, city engineer, stated the developer is not using any flumes; they will be using a closed pipe system. Commissioner Dudziak questioned the applicant about a gazebo? Mr. Quinto replied the builders do not want a gazebo. Planning & Zoning Commission Minutes - Februray 28, 2005 Page 12 of 13 Commissioner Dudziak questioned city attorney if the Commission can approve this final plat without all needed documents? Mr. Boyle referred to Barry LeBaron. Barry LeBaron stated the covenants are usually submitted to the city at the time of filing with the county. However, if the Commission felt strongly about these documents, approval could be left until documents were received before going to city council. Mr. Boyle questioned Barry LeBaron about the 30 days of submittal for the application? Barry LeBaron stated if an approval is not made tonight; the 30 days will be an issue. Mr. Boyle stated it would be better to deny and leave for the city council to clean. Commissioner Byerly questioned if the Commission denies, could the applicant go to city council for an over ruling? Mr. Boyle replied once the developer gets the issues resolved, he can go to city council for an over ruling. Commissioner Byerly stated the developer has met all the requirements and the Commission can make an approval subject to receiving the remaining documents. Commissioner Dudziak made motion to deny case P-05-004. Commissioner Edwards seconded. The motion to deny was approved by the following vote: Aye: Dudziak, Bartkowski, Edwards, Duffy Nay: Dolan, Byerly Mr. Quinto, questioned the Commission, for clarity, if the covenant documents were the only issues outstanding? Commissioner Duffy replied to the developer is being sure to cover all bases. STAFF REPORTS Barry LeBaron questioned Commissioners if a workshop for next Monday night March 7,2005, would work for the Commissioners? Commissioners concurred. COMMISSIONER COMMENTS Commissioner Duffy stated wanting a check list for the PUD zonings. ADJOURNMENT The Commission adjourned the meeting at 10:31 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: March 14,2005 Planning & Zoning Commission Minutes - Februray 28, 2005 Page 13 of 13 03/12/05 The Bridges at Riverwalk Homeowners Association P.O. Box 1183 Colleyville, Texas 760-34-1183 To Colleyville City Manager: This letter is to follow up on emails and phone conversations from the past year about the pond between The Bridges at Riverwalk subdivision and the Colleyville Justice Center on Riverwalk Drive in Colleyville. This matter to resolve, the unsightly and neglected pond, is still between the city and the developer, Charles Hodges. This was an issue that should have been taken care of before the area was developed. It is still unclear to us who is going to make this right, the City of Colleyville or the developer. My conversation with both parties has been that you have blamed each other to be the responsible party. It is our expectation that you both will resolve this to the benefit of everyone. Attached to this letter are signatures from the concerned homeowners of The Bridges at Riverwalk. I will follow up with the City as to when the next council meeting will be held and we will have as many available homeowners present to state our concerns and what can be done to correct this ongoing and escalating problem. ,----.'~-'--}incefe\ , c._....._ ...-:-.:t....."7 . ._- --. I I,-,^- Rena s n President, HOA Bridges at Riverwalk h~ 7?7v~ J~t!::V /'~ / ~.%.~ ;;~~ . RESOLUTION R-05-2533 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF APRIL 5, 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