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Home My WebLink AboutCity Council-Agenda Packets-4/21/2015 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, April 21, 2015 Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of the Glade Road Initiative PC-2 Consideration of a resolution prohibiting the use of eminent domain for sidewalk or trail projects PC-3 Overview of community gardens PC-4 Discussion of the April 21, 2015, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney relative to Heritage Avenue right-of-way (access) Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Michael S. Newman v. City of Colleyville and City of Keller Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, City of Colleyville Page 1 City Council Agenda April 21, 2015 or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3865 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's featured business - Starbucks - Alexa Sims, Store Manager, and John Nordberg, Shift Supervisor, 5510 Colleyville Boulevard - Mayor David Kelly and Economic Development Director Marty Wieder Proclamation in recognition of Arbor Day in Colleyville, April 24, 2015; and in recognition of Colleyville being named a Tree City USA in 2014 - Mayor David Kelly and Parks Manager James Hubbard 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3866 4a Approval of the minutes of the regular City Council meeting of April 7, 2015 City of Colleyville Page 2 City Council Agenda April 21, 2015 5. RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-15-3867 Approval of an amendment to the Parks and Trails Master Plan to remove Trail 27, Trail 28, and Trail 29 5b Resolution R-15-3868 Consideration of a final plat on 31.301 acres of Abstract 441 of the Jesse Doss Survey, located at 2800 Heritage Avenue, Creekside Phase Five of the Creekside at Colleyville Addition, Case PC15-003 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 7. REPORTS Zoning Board of Adjustment Meeting Minutes - February 24, 2015 Monthly Financial Report – March 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 21, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3869 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 17, 2015 by 5:00 p.m. Amy Shelley, 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. City of Colleyville Page 3 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-1 Agenda Date 04/21/2015 Type Pre Council Department City Attorney Title Discussion of the Glade Road Initiative Strategy Map Connection C1- Provide attractive and unique spaces for enjoyment of personal interests and community interaction C4- Provide mobility enhancements that complement neighborhoods Explanation At the April 7, 2015 City Council meeting, the City Council requested this item be placed on this agenda for discussion. Attachments 1.Glade Road Ballot Proposition CAO Opinion 4 2 15 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-2 Agenda Date 04/21/2015 Type Pre Council Department City Council Title Consideration of a resolution prohibiting the use of eminent domain for sidewalk or trail projects Strategy Map Connection C1- Provide attractive and unique spaces for enjoyment of personal interests and community interaction C4- Provide mobility enhancements that complement neighborhoods Explanation This item has been added to the agenda at the request of Councilmember Chris Putnam. Staff seeks City Council direction in drafting a resolution for City Council consideration. Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-3 Agenda Date 04/21/2015 Type Pre Council Department Parks and Recreation Title Overview of community gardens Strategy Map Connection C1- Provide attractive and unique spaces for enjoyment of personal interests and community interaction Explanation At the request of Councilmember Carol Wollin, Parks Manager James Hubbard will provide an overview of community gardens. Attachments 1.Community Garden Overview - Presentation Overview of Community Gardens Pre Council Meeting April 21, 2015 Outline Background Basic types Common challenges Steps to success Case study Interest in Colleyville Background Information What is a community garden? A community garden is any piece of land gardened by a group of people, utilizing either individual or shared plots on private or public land. The land may produce fruit, vegetables, and/or ornamentals. 1918 During WWI, the government promoted community gardening to supplement the food supply. 1970 Rebirth of community gardening post WWII. Became more about community and addressing social concerns. 1890 First appeared in Detroit. Began as a way to provide land and technical assistance to unemployed workers and youth. 1930 During the Great Depression, provided a means for the unemployed to grow their own food. 1940 Victory Garden Campaign during WWII encouraged people to grow food for personal consumption, recreation and to improve morale. Basic Types Neighborhood Land divided into individual plots Gardeners generally rent, prepare, plant, maintain, and harvest their individual plots Harvested produce is usually consumed rather than sold Gardeners often share tools, materials, and supplies Managed and maintained by the plot “owners” One or more leaders assigned to managing day-to-day operations Commonly located in urban and suburban areas Demonstration Used to showcase different types of gardening methods, plant varieties, etc. Often used for classes These gardens are sometimes maintained by Master Gardeners since they are used for training purposes Commonly located at schools or community centers Communal Garden is setup as one large plot that is maintained and harvested by a group of individuals Produce is typically split among the group Commonly located at churches and food pantries Youth/school Used to expose young people to gardening and nature These gardens are typically associated with formal programs and offer lessons and training Commonly located at schools or community centers Common Challenges Management Organizing people and projects Require systems to enforce rules and resolve conflicts Maintenance Require habitual maintenance Participation Gardeners and leaders come and go Difficult to maintain consistent leadership and focus Challenges (continued) Theft and Vandalism Theft of supplies, tools, and produce Gardening Skills Lack of gardening skills/knowledge can lead to poor experiences and burnout Leadership Skills Processes can be managed; people must be lead Strong leadership needed to resolve conflicts and “stay the course” Services and Supplies Large scale projects and annual maintenance needs require delivery of supplies and equipment. Coordination can be difficult to arrange. Gardeners may not have the knowledge or tools to perform all necessary tasks Water Finding a source can be difficult Installation of permanent systems may be restricted Site permanency Lease agreements may limit/restrict site improvements Lack of permanency can lead to instability Steps to Success 1. Spread the Idea Find other individuals and organizations interested in the idea of a community garden 2. Hold a meeting Discuss feasibility, brainstorm ideas, and address basic questions Define a purpose and mission for the potential garden 3. Find and Evaluate Potential Sites Explore the community Seek partnerships with churches, nonprofit agencies, and local businesses 4. Identify Needs Determine resource needs based on potential sites Develop a strategy for securing these resources 5. Hold a Second Meeting Discuss sites being considered and resources necessary Elect garden leadership Discuss lease agreement 6. Draft a Lease Agreement Define obligations and responsibilities of the gardeners and the land owner(s) Hold harmless agreement and other liability insurance should be considered Steps to Success (continued) 7. Develop a Site Plan To include: Boundaries Location and size of garden beds Existing site conditions to be preserved Location of material and tool storage Common areas Water source and location Garden name and signage 8. Establish Guidelines Application and membership fees Plot maintenance standards/expectations Volunteers expectations Planting restrictions End of season Composting Establish Guidelines (continued) Material and tool sharing Use of pesticides Respecting others plots Watering policies Pets/Children Process for dealing with violations of garden rules 9. Prepare/Develop the Site Prepare a “plan of attack” for site development Carry out the plan (physical labor) 10. Celebrate Success Hold a party/opening ceremony to boost community support Case Study Overview: Two separate gardens established in 1998 City hired (contracted) Amanda Vanhoozier to lead the community garden effort Lessons Learned: Compromising and mediating meetings was difficult Year three was the hardest for the gardens because the excitement of the gardens had passed It is helpful to have an accountant as Treasurer Water faucets near each plot are important (no mechanical timers) Gardeners should sign new plot agreement each year Limit new gardeners to one plot in the first year Regularly hold meetings to review expectations and commitments There is a continuous need for well organized volunteer efforts Select a designated garden leader and rotate leadership Create methods of effective communication Have a designated leader at the gardens on Saturdays Hold social gatherings to encourage community Mission: The Coppell Community Garden, a 501 (c) 3 nonprofit organization, provides community gardens, a farmers market, and environmental education. Dedicated volunteers cultivate a healthy community by growing and donating organic produce to those in need, providing a market for locally grown food, and teaching sustainable practices. Interest in Colleyville Proposed Community Garden Location: McPherson Park Type: Neighborhood (organic) Number of Plots: 33 Size of plots: 20’ x 4’ Materials for plot construction: wood Tool/supply storage: back of dairy barn Water source: tap City water Cost to “adopt-a-plot”: $30 Work/project days: monthly (not required) Funding: annual plot rental dues ($990 annually) Other Requests: City to cover the cost of installing water system capable of supplying hand water to each plot. ($2,500 -$5,000)Preliminary design, layout and proposal as provided by Natalie Genco Questions and Discussion City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-4 Agenda Date 04/21/2015 Type Pre Council Department City Secretary Title Discussion of the April 21, 2015, City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 04/21/2015 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney relative to Heritage Avenue right- of-way (access) Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Michael S. Newman v. City of Colleyville and City of Keller Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Attachments RESOLUTION R-15-3865 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 21, 2015 WHEREAS,following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 21ST DAY OF APRIL 2015. ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 04/21/2015 Type Announcements, Proclamations, and Presentations Department City Secretary Title In recognition of Colleyville's featured business - Starbucks - Alexa Sims, Store Manager, and John Nordberg, Shift Supervisor, 5510 Colleyville Boulevard - Mayor David Kelly and Economic Development Director Marty Wieder Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 04/21/2015 Type Announcements, Proclamations, and Presentations Department Parks and Recreation Title Proclamation in recognition of Arbor Day in Colleyville, April 24, 2015; and in recognition of Colleyville being named a Tree City USA in 2014 - Mayor David Kelly and Parks Manager James Hubbard Attachments 1.Arbor Day Proclamation RESOLUTION R-15-3866 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 21, 2015 WHEREAS,City 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 City Council action under Consent Items as follows are hereby adopted: a.Approval of the minutes of the regular City Council meeting of April 7, 2015 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ____ AYES, ____ NAYS, AND ____ ABSTENTIONS ON THIS THE 21ST DAY OF APRIL 2015. ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, April 7, 2015 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on Tuesday, April 7, 2015, at 5:33 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam, Councilmember Tom Hart, and Councilmember Jody Short City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Executive Director of Development and Infrastructure Chris Fuller, Police Chief Mike Holder, Assistant Police Chief Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Recreation and Library Director Mary Rodne, Parks Manager James Hubbard, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Interim Community Development Director Adam Marsh, Communications and Marketing Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley PC-1 Presentation and discussion on Special Events Library Director Mary Rodne presented this item and briefed City Council. Councilmember Wollin stated it is nice that something is going on almost every month. Mayor Kelly asked City Council if they were good with Director Rodne's proposed outline. City Councilmembers agreed. PC-2 Discussion of the April 7, 2015, City Council regular agenda items There was no discussion of this item. Mayor Kelly adjourned the Pre Council meeting at 6:00 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:32 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember Carol City of Colleyville Page 2 City Council Minutes April 7, 2015 Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam, Councilmember Tom Hart, and Councilmember Jody Short City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Executive Director of Development and Infrastructure Chris Fuller, Police Chief Mike Holder, Assistant Police Chief Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Parks Manager James Hubbard, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Interim Community Development Director Adam Marsh, Communications and Marketing Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding the Municipal Court Judge appointment and duties Section 551.071 - Legal - Consultation with attorney regarding Glade Road Initiative Section 551.071 - Legal - Consultation with attorney relative to Heritage Avenue right-of-way (access) Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Michael S. Newman v. City of Colleyville and City of Keller Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and City of Colleyville Page 3 City Council Minutes April 7, 2015 with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, Section 551.074, Personnel, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 6:00 p.m. and reconvened at 6:01 p.m. INVOCATION: Pastor Dave Jung, Crown of Life Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3861 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of a proclamation declaring April 8, 2015, Millie Stuck Day in Colleyville - Mayor David Kelly Presentation of a proclamation in recognition of Child Abuse Prevention Month, Julie Evans, Executive Director, Alliance For Children - Mayor David Kelly Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award - Assistant City Manager and Chief Financial Officer Terry Leake, Finance Manager Karen Hines, and Strategic Services Manager Adrienne Lothery - Mayor David Kelly Councilmember Wollin encouraged everyone to attend the Friends of the Library Bargain Book Sale to be held on Saturday, May 2. She also encouraged everyone to donate books to be used toward the sale. Mayor Kelly announced the Clean Sweep Event to be held on Saturday, April 18 from 9:00 a.m. to 11:00 a.m. at the Colleyville Heritage High School. He stated the event is conducted on a first-come, first-served basis and proof of City of Colleyville Page 4 City Council Minutes April 7, 2015 residency is required—either a current driver’s license or recent water bill. He stated only 50 cars are guaranteed for access to the Crud Cruiser, since it fills up quickly. He further explained items that are not accepted during this event, such as ammunition, asbestos, explosives, medical waste, pharmaceuticals, radioactive materials, etc. Mayor Kelly announced the annual Old Tyme Colleyville BBQ event that benefits Special Olympics to be held beginning at 6:00 p.m. on Friday, April 24 and then all day on Saturday, April 25. He encouraged everyone to attend this event and enter the BBQ cook-off. Councilmember Short encouraged everyone to support the Grapevine-Colleyville Girls Soccer program and games. Mayor Kelly presented a proclamation to Millie Stuck, declaring April 8, 2015 as Millie Stuck Day in Colleyville in recognition of her 100th birthday. Mrs. Stuck expressed her appreciation to the Mayor and the City for the recognition. She further explained the things she does with her time, and how Colleyville has changed over her years here as a citizen. Mayor Kelly presented a proclamation to Julie Evans, Executive Director and David Wheelwright, Board President, Alliance for Children in recognition of Child Abuse Prevention Month - April. Ms. Evans expressed her appreciation to the Mayor and the City for the recognition. Mayor Kelly presented the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award to Assistant City Manager/Chief Financial Officer Terry Leake and Strategic Services Manager Adrienne Lothery. This award and certificate represents a significant achievement and reflects the City Council and staff's commitment to meeting the highest principles of governmental budgeting. In order to receive the budget award, the City had to satisfy nationally recognized guidelines for effective budge presentation. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3862 4a Approval of the minutes of the regular City Council meeting of March 17, 2015 Mayor Kelly read Resolution R-15-3862 in its entirety. Mayor Kelly opened the public hearing at 7:56 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:56 p.m. Councilmember Tom Hart moved to approve Resolution R-15-3862. City of Colleyville Page 5 City Council Minutes April 7, 2015 Councilmember Carol Wollin seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam, Councilmember Tom Hart, Councilmember Jody Short 5. ORDINANCE(S): CONTINUED READING AND PUBLIC HEARING 5a Ordinance O-15-1949 Consideration for a Special Use Permit for a telecommunications tower on Lot 5R-1, Block 1, of the Andy Felps Addition, located at 4003 Colleyville Boulevard, Case ZC14-027 Mayor Kelly read the caption of Ordinance O-15-1949. Interim Community Development Director Adam Marsh presented this item and briefed City Council. Mayor Kelly opened the public hearing at 7:58 p.m. Kathy Zibilich, 8150 N. Central Expressway, #1475, Dallas, presented this item and briefed City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:59 p.m. Mayor Pro Tem Taylor questioned Ms. Zibilich regarding the time extension of two years on the Special Use Permit. Ms. Zibilich stated there is a big push to get cell phone coverage; therefore, they are currently back-logged on their construction. She stated they believe they will be able to get finished in one year; however, they are not sure, at this point, that it can be constructed in one year. Mayor Pro Tem Taylor questioned Ms. Zibilich regarding if there could be a change in technology in that timeframe that this tower would not be needed. Ms. Zibilich replied that is a possibility; however, this technology has been around for several years and she does not know of anything in the near future. Mayor Kelly questioned Ms. Zibilich regarding if this two-year timeframe would still meet the telecommunications requirements and timeline for permitting. Ms. Zibilich replied there are no issues with this two-year timeframe. Mayor Pro Tem Taylor questioned Ms. Zibilich regarding if there is any new data City of Colleyville Page 6 City Council Minutes April 7, 2015 to indicate another site would be more appropriate. Ms. Zibilich replied there is no new information, and the site acquisition representative did formalize the information in an affidavit. Mayor Kelly stated there is a structural engineering report for the durability of the poles, which indicate the poles break-away rather than falling over. Ms. Zibilich replied correct. Councilmember Tom Hart moved to approve Ordinance O-15-1949. Councilmember Chuck Mogged seconded the motion. Councilmember Wollin stated she would like to make an amendment to recommend a color for the tower. Mayor Kelly questioned staff regarding if there is a recommendation of a color in the ordinance. Director Marsh replied no. Councilmember Wollin stated she would suggest using a grey or black. Mayor Pro Tem Taylor stated the grey color will blend with the sky better. Councilmember Mogged asked Ms. Zibilich if there is a color that is standard with this construction. Ms. Zibilich replied grey is usually the standard color; however, she stated being in favor of whatever color City Council choses for Colleyville. Councilmember Wollin stated she would like the same color used for the Tara Village tower in their Special Use Permit ordinance. Mayor Kelly concurred. Director Marsh stated staff has those specifications and will add it to the ordinance. The motion to approve with the amendment carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam, Councilmember Tom Hart, Councilmember Jody Short 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-15-3863 Authorization to utilize the Parks Tomorrow Fund for the acquisition of a chlorinating recirculation system and approve a contract with Vortex International in an amount not to exceed $140,000, and authorize the city manager to execute the contract City of Colleyville Page 7 City Council Minutes April 7, 2015 Mayor Kelly read Resolution R-15-3863 in its entirety. Parks Manager James Hubbard presented this item and briefed City Council. Mayor Kelly stated the price has come down since the original estimate of $300,000 given in 2009-2010. Manager Hubbard agreed. Mayor Kelly opened the public hearing at 8:11 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:11 p.m. Mayor Kelly asked staff if the splash pad is available for the full season and without the circulation system, what the approximate amount of water used is. Manager Hubbard replied an estimated four million gallons of water is used during a full season. Mayor Kelly asked staff if the recirculation system is installed, what the approximate amount of water is used during a full season. Manager Hubbard replied approximately 1/2 million gallons would be used, with one-two thousand gallons being used per day. Mayor Kelly questioned staff regarding the water conservation plan. City Manager Jennifer Fadden explained staff is seeking City Council approval for not only retrofitting the splash pad, but also based on the project execution within the 2015 splash pad season. Mayor Kelly stated there appears to be two options, first, not open the splash pad until after construction is completed, which would then be the end of the season for it; or two, the splash pad could be opened and remain open up to the date of construction, and then may be reopened after construction, depending on the time frame of such. Manager Hubbard replied it is unlikely the splash pad would be able to be reopened, due to the end of the season. Mayor Kelly asked staff how long the splash pad would be open, if it opens on Memorial Day. Manager Hubbard replied approximately 10 weeks, and 2.5 million gallons of water would be used during that time frame. Mayor Pro Tem Taylor stated it really does not make any sense to install the recirculating system in at the end of the season and then loose the warranty period. He stated it makes more sense for the construction to be done just prior to the splash pad season so that the warranty can be used during that season. Manager Hubbard stated at the time this was pursued the timeline was much tighter; however, as staff was not able to provide the contract, the contractor has since taken on other work. Mayor Kelly agreed. Mayor Pro Tem Taylor stated we should just wait until just prior to the next season to have the full City of Colleyville Page 8 City Council Minutes April 7, 2015 warranty. Councilmember Mogged stated the idea of postponing it makes sense. He then asked staff why we would do this at all, if we are not likely to have a water problem at all, especially since the water run off goes back through the basin or the sanitary sewer system and then gets recycled that way. Mayor Kelly stated we are asking our residents to conserve water, yet, we would not be conserving water, if we do not install this system. He stated this is not a cost savings effort, it is more of a conservation effort. He added this system was assessed in 2010, and the cost to benefit was too much. Councilmember Mogged stated maybe we should wait again, given the cost went down once, it could go down again. Mayor Kelly stated this could be approved with the cost not to exceed $140,000, and the contract may come back less than that. Mayor Pro Tem Taylor asked staff how many bids were received for this project. Manager Hubbard replied there were two, BuyBoard vendors. Mayor Pro Tem Taylor asked staff if the bids were close. Manager Hubbard replied yes, and actually one bid was two percent lower; however, there were some qualification issues with that bid relative to their recirculation efforts. He added Vortex was the original contractor; therefore, they already know how the splash pad was installed. Mayor Pro Tem Taylor asked staff if this will take place in the early spring. Manager Hubbard replied yes, that is likely. Mayor David Kelly moved to approve Resolution R-15-3863 with an amendment to the resolution to include that the installation of the system would be installed after the 2015 season, but before the 2016 season to maximize the extent of the warranty period. Councilmember Chris Putnam seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, Councilmember Carol Wollin, Councilmember Chuck Mogged, Councilmember Chris Putnam, Councilmember Tom Hart, Councilmember Jody Short 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Jim Fletcher, 1108 Nueces Court, spoke regarding his concerns for the traffic and safety on Glade Road; the intersection at Riverwalk Drive and Glade Road; the line City of Colleyville Page 9 City Council Minutes April 7, 2015 of site at Bluebonnet Drive and Glade Road; and the proposed petition. He spoke in support of a roundabout at the Riverwalk Drive and Glade Road intersection. Ben Fulghum, 1800 Arthur Drive, spoke regarding his concerns for the petition on the ballot. He spoke in favor of turn lanes and safety on Glade Road. Jeff Novak, 1809 Avondale Drive, stated he echoes the concerns of Councilmember Mogged relative to the safety of Glade Road, and stated having concerns the response times for emergency vehicles. Melissa McConnell Hart, 1717 Avondale Drive, spoke regarding her concerns for the safety of Glade Road; the proposed petition; and not having sidewalks along both sides of Glade Road. She stated being in favor of left turn lanes, sidewalks, and roundabouts on Glade Road. Kathy Hadley, 204 North Timberline Drive, spoke regarding the rural feel of Colleyville, and stated having concerns about water meters on private water wells. Mayor Kelly encouraged Ms. Hadley to visit with staff relative to water wells. Jon Bullock, 5808 Bettinger, spoke regarding the rural feel of Colleyville, and stated having concerns about the proposed petition on the ballot. Louis Miller, 7802 Tillman Hill Court, spoke regarding the past 10 years, and turn lanes and medians on Glade Road. He stated having concerns about the proposed petition on the ballot. Joe Moore, 133 Acuff Lane, spoke regarding pathways and trails as outlined in the 2011 Parks and Recreation Master Plan. He stated having concerns about the proposed petition on the ballot, and that he supports safer roads, sidewalks, and trails. Bobby Lindamood, 4913 Jim Mitchell Trail West, stated being in favor of roundabouts, turn lanes, and sidewalks on the south side of Glade Road. He stated he supports change through grass root efforts. Elizabeth Zeitlin, 1800 Glade Road, spoke regarding the proposed petition, and that citizens should have a fair vote regarding Glade Road. David Medlin, 605 Montreux Avenue, spoke regarding the proposed petition, safety along Glade Road, and City Council working with citizens relative to projects. 8. REPORTS Parks and Recreation Advisory Board Meeting Minutes - January 5, 2015 Planning and Zoning Commission Meeting Minutes - February 9, 2015 City of Colleyville Page 10 City Council Minutes April 7, 2015 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 7, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3864 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Kelly adjourned the meeting at 9:07 p.m. Mayor Kelly reconvened the Executive Session at 9:10 p.m. Mayor Kelly adjourned the Executive Session at 9:23 p.m. APPROVED BY A VOTE OF __ AYES, __ NAYS, AND __ ABSTENTIONS ON THIS THE 21ST DAY OF APRIL 2015. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 04/21/2015 Number Resolution R-15-3867 Type Resolution Department Parks and Recreation Title Approval of an amendment to the Parks and Trails Master Plan to remove Trail 27, Trail 28, and Trail 29 Strategy Map Connection B2- Proactively seek process improvements and sustainable solutions Explanation Reading and Public Hearing Staff is seeking City Council approval to amend the Parks and Trails Master Plan with the removal of Trail 27, Trail 28, and Trail 29. Background. Colleyville Pathways: a Citywide Trail System for Colleyville, was adopted by City Council in September of 1998 by attached Resolution R-98-1414. The plan was updated and retitled to the Colleyville Pathways Plan in October of 2005 by attached Resolution R-05-2609. In December of 2011, City Council approved attached Resolution R-11-3433, adopting the City of Colleyville Parks, Recreation and Open Space Master Plan, which included the attached revised “Parks and Trails Master Plan Map.” Although the exact alignment differed, all three adopted trail plans included the Heritage Trail, a trail connecting Glade Road to Cheek-Sparger Road on the undeveloped property west of Heritage Avenue. The Heritage Trail (Trail 26) was shifted into its current alignment along the west edge of Heritage Avenue by attached Ordinance O-13-1899. Trail numbers, which refer to priority rankings, and names have changed throughout the plans. All references to trail numbers and names in this agenda briefing correspond to the most recent plan, as noted in the attached Trail Overview Exhibit. Removal of Trail 27. The Woodland Hills Extension (Trail 27) was included in all three adopted trail plans. The intent of the trail was to provide a connection from the loop trail in the Woodland Hills addition to the Heritage Trail. Currently, Ordinance O-13- 1899 requires the developer of Creekside at Colleyville to construct the portion of Trail 27 that lies within the development. As seen in the attached “Woodland Hills Extension Exhibit”, construction of the required portion of Trail 27 would have a western terminus approximately 480 feet east of the existing loop trail in the Woodland Hills addition. As the loop trail in the Woodland Hills addition is located in a Pedestrian, Drainage and City Council Agenda Briefing 5a City of Colleyville Page 2 Utility Easement on private property, held by individual homeowners, connection of the final 480’ would require coordination of up to five individual property owners to allow the connection to be made. Additionally, the cost of constructing the final connection would need to be funded by the City, which is currently estimated to be approximately $16,000. Removal of Trail 28. As noted above, Ordinance O-13-1899 requires the developer to connect the East Little Bear Creek Extension Trail to the Heritage Trail. Staff recommends that the East Little Bear Creek Extension Trail be removed from the plan as it has been determined that the west connection point into the Woodland Hills Addition would require access to private property and no pedestrian easement currently exists. Therefore, if the developer was to construct the East Little Bear Creek Extension Trail the western terminus of the trail would be at their property line, and no connection would be made. Removal of Trail 29. The Little Bear Creek – Far East Trail (Trail 29) was added to the Parks and Trails Master Plan in 2011. The current alignment of the Heritage Trail no longer requires the Little Bear Creek – Far East Trail to make a connection from the East Little Bear Creek Extension Trail (Trail 28) to the Heritage Trail. Per Ordinance O- 13-1899 the Heritage Trail “shall be constructed by the developer along the west side of Heritage Avenue prior to the acceptance of public improvements and shall connect to all other trails noted on the 2005 Colleyville Pathways Plan.” Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Resolution R-98-1414 2.Resolution R-05-2609 3.Resolution R-11-3433 4.Parks and Trails Master Plan Map 5.Ordinance O-13-1899 6.Trail Overview Exhibit 7.Woodland Hills Extension Exhibit 8.Resolution R-15-3867 RESOLUTION R-98-1414 A RESOLUTION APPROVING THE MASTER TRAIL PLAN WHEREAS, the City Council supports the continued development and enhancement of a linear park system within the City of Colleyville; and WHEREAS, the City Council supports the development of a Master Plan for the Citywide Trail System for the City of Colleyville. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEVYILLE, TEXAS: Sec. 1.THAT the City Council approves the "Colleyville Pathways: A Citywide Trail System for Colleyville." AND IT IS SO RESOLVED. PASSED BY AVOTE OF 5 AY,ES, () NAYS, AND () ABSTENTIONS ON THIS THE /S!E DAY OF(~mber1998. ATTEST: u~. OF COLLEYVILLE 4~' Richard Newton Mayor J n Harris, TRMC, CMC City Secretary RESOLUTION R-05-2609 A RESOLUTION ADOPTING THE "COLLEYVILLE PATHWAYS PLAN", DATED SEPTEMBER 2005, TO BE USED AS THE GUIDE FOR FUTURE TRAIL AND SIDEWALK PROJECTS IN COLLEYVILLE WHEREAS, the City Council of the City of Colleyville desires to update the 1998 Colleyville Pathways Plan to reflect changing conditions that have occurred in the community; and WHEREAS, the Colleyville Sidewalk Committee has reviewed the document and forwarded a recommendation to the Colleyville Parks and Recreation Advisory Board; and WHEREAS, a public hearing has been held by the Colleyville Parks and Recreation Advisory Board to receive citizen comments: and WHEREAS, the Colleyville Parks and Recreation Advisory Board has forwarded a recommendation to the City Council for adoption of the final draft of the Colleyville Pathways Plan, dated September 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the document entitled "Colleyville Pathways Plan", dated September 2005, is hereby adopted. Sec. 2.THAT the Colleyville Pathways Plan, dated September 2005, shall be used as a guide for future development of public trails and sidewalks in Colleyville. AND IT IS SO RESOLVED. PASSED BY A VOTE OF S- AYES, 0 NAYS AND THIS THE/.I~ DAY OF ~6.vU 2005. ATTEST: tJ ABSTENTIONS ON CITY OF COLLEYVILLE i;~~ Mayor Cynthia Singleton, TRMC City Secretary RESOLUTION R-11-3433 A RESOLUTION ADOPTING THE CITY OF COLLEYVILLE PARKS, RECREATION AND OPEN SPACE MASTER PLAN WHEREAS, the City Council has a long history of planning for the acquisition and development of the City's parks and recreational system; and WHEREAS, the City Council entered into an agreement with Halff Associates, Inc., a planning and design consultant, to assist with the development of a Parks, Recreation and Open Space Master Plan; and WHEREAS, the City Council directed Halff Associates, Inc., to work with City staff, the ~ Parks and Recreation Advisory Board, representatives of the youth sports associations and the public to prepare a Parks, Recreation and Open i Space Master Plan, which shall serve the following purpose: A. Provide the framework for orderly and consistent planning and development. B. Provide detailed research and facts concerning the community and the roles of parks and recreation. C. Establish priorities and statements of direction based on researched and documented facts and a community based needs analysis. D. Provide direction in the area of acquisition and development of park land to meet future needs. E. Conform to the preparation, suggestions and/or guidelines for local Parks, Recreation and Open Space Master Plans, prepared by the Texas Parks and Wildlife Department for Texas Recreation and Parks Account local park grant program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ! COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville Parks, Recreation and Open Space Master ? Plan is hereby adopted. Resolution R-11-3433 Page 2 of 2 AND IT IS SO RESOLVED. APPROVED BY VOTE OF AYES, D NAYS AN f> ABSTENTIONS ON THIS THE DAY O 2011. ATTEST• CITY OF COLLEYVILLE hia Singleton, TRMC, CMC Secretary David Kelly Mayor ORDINANCE 0-13-1899 AN ORDINANCE AMENDING ORDINANCE 0-07-1645 AND ORDINANCE 0-13-1866 CONDITIONS AND AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.4 ACRES LOCATED IN THE JESSE DOSS SURVEY AT THE NORTHWEST CORNER OF CHEEK-SPARGER ROAD AND HERITAGE AVENUE FROM THE AG- AGRICULTURAL DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY j CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-07-1645 on November 27, 2007, to establish the zoning of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 under case 2-07- 008; and WHEREAS, the City Council approved Ordinance 0-13-1866 on March 5, 2013, amending Ordinance 0-07-1645 conditions and approving a detailed site plan for phase one of the development under case ZC12-031; and WHEREAS, the applicant has requested an amendment to Ordinance 0-07- 1645 and Ordinance 0-13-1866 and requests to rezone 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue, acquired from the City of Euless in a boundary adjustment approved under Ordinance 0-12-1828, so as to incorporate the property into the PUD authorized by Ordinance 0-07-1645 under Case 2-07- 008 and approve a detailed site plan for phase two of the development; 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 Ordinance 0-13-1899 Page 2 of 6 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 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, to 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 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. 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. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance 0-07-1645 and Ordinance 0-13-1866. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by Ordinance 0-13-1899 Page 3 of 6 changing the zoning of 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue from the AG-Agricultural District to the PUD-R- Planned Unit Development Residential District, as depicted in the attached Exhibit "A" and described in Exhibit "B". Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit "C" shall be deemed to satisfy the site plan requirements of Ordinance 0-07-1645 Section 4(2)a and Ordinance 0-13-1866 Section 5(1)b. A full size copy of the site plan shall be kept on file in the Community Development Department until the final plat is approved, at which time a copy of the detailed site plan shall be kept in the plat file for this development. The phase two final plat shall be consistent with Exhibit "C". 2. GENERAL AMENDMENTS a. Section 5(2)e of Ordinance 0-13-1866 is hereby deleted. b. The developer may enter into a City/Developer Agreement with the City of Colleyville for any required public improvements, in conjunction with this development. Said agreement, if submitted, shall be approved and executed prior to the filing of the final plat for phase two of the development. c. Prior to the issuance of a building permit for the 1.9 acre commercial tract shown at the southwest corner of the development on Exhibit C, the developer shall submit a detailed site plan which shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with Ordinance 0-07-1645 and any subsequent amendments, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) Ordinance 0-13-1899 Page4of6 shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. d. Section 4(7)b of Ordinance 0-07-1645 is hereby amended to read as follows: A six (6) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer. The standards and detail for such wall shall be included as part of the detailed Site Plan and shall, otherwise, meet the requirements of the Land Development Code. e. Except as noted in subsection "d" above and Section 4(7)a and "c" in Ordinance 0-07-1645, all fences shall be constructed per Exhibit D. f. Section 5(2)c of Ordinance 0-13-1866 is hereby amended to read as follows: The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan map shall be constructed by the developer along the west side of Heritage Avenue prior to the acceptance of public improvements and shall connect to all other trails noted on the 2005 Colleyville Pathways Plan with the following exceptions: The developer may escrow the cost of constructing the trail in lieu of actual construction only for the portion of the trail that traverses the Little Bear Creek floodplain. If the developer chooses to escrow said funds, the developer shall build a minimum four (4) foot wide sidewalk across Little Bear Creek that links the internal sidewalks in the portion of the development that is south of Little Bear Creek to the internal sidewalks in the portion of the development that is north of Little Bear Creek. Said sidewalk connection shall link to Trail 24 on both sides of Little Bear Creek within a public pedestrian access easement, which shall be dedicated on the final plat(s) for the development. Sec. 6. 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. Ordinance 0-13-1899 Page 5 of 6 Sec. 7. 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. Sec. 8. 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. Sec. 9. 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. 10. 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. Sec. 11. THAT Ordinance 0-07-1645 and Ordinance 0-13-1866 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of December 2013. The second reading and public hearing being conducted on the 17th day of December 2013. PASSED AND APPROVEQ by the City Council of the City of Colleyville, Texas, on this the I I---'' day of OCC16 1per- 2013. Ordinance 0-13-1899 Page 6 of 6 ATT ST: CITY OF COLLEYVILLE 14 Am helle T I C David KellY Y City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: In Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 1 iI;C .1,040 im . _,,.. , Rite:gatM ,,,,, _ _ _, __ _ i x rid -; i +es EE` City of Euless Y iI- Q 4 _ ® Legendc.u..w C7 Ili - W subject Igg -Lola - AG Agricultural r--eff -1 - 11',- I - CC-1 Village Retailtail 20 CC-2 Shopping Centernter L;.. : Mesa CC-3 Highway Commercial CN Neighborhood Commercial CPO Professional Office ML Light Manufacturing PUD-C Planned Unit Development,Commercial PUD-R Planned Unit Development,Residential 4! R-10 Single Family Residential(10.000 sq.ft.min) III Ile C 1 R-15 Single Family Residential(15,000 sq.ft.min) r C I R-20 Single Family Residential(20.000 sq.ft.min) C R-30 Single Family Residential(30,000 sq.ft.min) min'" R-40 Single Family Residential(40.000 sq.ft min) tsta Q p R-MF Multi-Family Residential KEP Subject1d_do RD Two Family Residential Property RE Single Family'Estate'Residential 7, N City of Bedford i Exhibit "B" - Legal Description of Property Zoned from AG-Agricultural to PUD-R-Planned Unit Development Residential Being the certain tract of land situated in the J. DOSS SURVEY, Abstract No. 441 and being a portion of the Ordinance No. 192 to City of Euless and a portion of the tract described in the deed to Sparger Family limited Partnership as recorded in Volume 16472, Page 390 of Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point at the intersection of the Colleyville City Limit and the Bedford City Limit boundaries from which a 5/8" iron rod found for the southwest corner of said Sparger tract bears North 69°11'27" West at 207.68 feet; THENCE North 00°07'13" West, 25.16 feet to the beginning of a curve to the left; THENCE northeasterly with said curve to the left, having a radius of 843.63 feet, a central angle of 37°42'05", an arc length of 250.26 feet to the apparent intersection of the north right-of-way of said Cheek Sparger Road and the east right-of-way line of Heritage Avenue, continuing with said east right-of-way line a total arc length of 1281.93 feet and a long chord of North 42°29'27" East at 1162.08 feet to a 5/8 inch iron rod found for the end of said curve, same being the merging of the east right-of- way line of Woodpark Lane; THENCE South 01°02'49" East with said east right-of-way line of Woodpark Lane, 750.80 feet to the southwest corner of the tract described to Charles A. Hoel, Jr. and wife, Mary lea Hoel as recorded in Volume 3522, Page 540 of said Deed Records; THENCE South 89°57'50" East with the south line of said Hoel tract, approximately 38.00 feet to the northwest corner of the tract described to Cheek-Sparger Properties, LLP., as recorded in Document No. 0206013089 of said Deed Records; THENCE South 05°10'42" East, 58.85 feet to the beginning of a curve to the right; THENCE southeasterly with said curve to the right, having a radius of 1058.63 feet, a central angle of 12°33'23", an arc length of 232.00 feet and a long chord of South 71°31'54" East at 231.54 feet; THENCE South 65°18'09" East, 4.39 feet to said north City limit line of the City of Bedford and south City Limit line of the City of Colleyville; THENCE North 89°52'47" West with said common City Limit line, 1065.70 feet to the place of beginning and containing 4.438 acres of land, more or less. Exhibit"C" Detailed Site Plan- Page 1 WW c..) . roms Q x tiun.5 '- NJ fYF, a a 5 8 7.4 c7.RC hi. c `cs c rississa t LI- • E IL'i 000s tIr r J loor i. I. litt1 ..1,I 1 ; 4 tt .,. p. ,I ill 1:;. ,.11 I.* 7 X N.. ..,.,. 1;.; • rp, it•11§1:!:\tiPii `f. 4,'"'''' l'e.FE- cg'22.E (104 1- , s,•0 ft$ i 1 /I a . n Ez, t..,:, lb Arii 45 s -g. .3.1.1 --- 2 t gg- ' AI* -?§H ni t,',1 g.; izi I ll'q f,,Ilz e) 3, h e -t`iggps . 1.I.,,,,fn 6,, =1:'.6'' Cka 0 71') i CU 0 cN1g i), -,--- y, , n:11 11,1 ,,, t .--, , , 0 I ,,, i;„, ta... 1..., 1 e .'L"' f ' 1..,..,.,, 4 ")"..' v g ii' i ' '-- . ''''-'''''--•' 1,' Yf. 128 8 p. -pit' .,(4'*-; , -,• V I 1 oll 8 8'. I1 , 11 x 1,_. II1 it ill pi Idlio,,2 X 1,• .!-,--;!5 ' 1 .i0i ..' to tr,i,4 11..i;1,, Egill <— N. NN 4""..is I1 Page 2 6 t 4e', ' 5 . F—( Exhibit..C" Detailed S:te Plan: 4- 1 i! NNi 1. 4Nj*' 1'..,, Iti ' ris."' Clid. -"-- 8:' S1 osu f.' 2,.!,,-' 11 .!4 -‘ 1,f.. r•4 ce 0,-. 01 1,.,„,,i ,,''-, t ! ig4 tt..-i'1,7,fT. 0E t:2 . cg- 1.,1 t g-?-' - i,,A N 0 , oilik'S ... V Il' ill r gf.ii,,,!;',',4,i..,,t'-fii-,i2 E,.. '1 ".,..': t....ii-t',4.'"'- A.,5e'l 'z., :i Hi! 51 tilt gl , , 41 - .,, gr E , 5; 4!''' At 11E11 „ 11 ' 7.-°, ., -. ., if i .g.,! ii. l'i 01g2 - c„Ld 7.1 t 11.10,,, im. Cipd Cm') 4. 1*',,,e' 1 1\ ',!. * ''.------ i- , r... 0i \-, s,,„,„, , , 7,- 1 failli°° 7 , . ..,,,,,,, ,/,'"::,/, 0, , 1.1. c 1 401 -,,, 1 , \ s 0 7i-, - - r .. CL c ,,,' '' It: / 1 ''.1 1 t, 13 7,7;\:, : \ I. :' t.,-' 1 ' N.." '' \;',,‘';'-'' '- ' t E, ' 0 / ,' 0. ,.,..\\\,,,,,. - i ...„. 0. AN.,, ' T%'.4.411**' " H. N 0,, i 13) r Q) cl 1-. 1. .._--- .!---, , ,-•• r-7, ' ' .:. ', u,-...--:;-- 4, i', r)'!...,-. 1.__--' ..'' .-------, '.-,-' i 13 t ' ,., 41-'' , 7,... c p- ii--'-.; ' !,-:',‘,. 41" Hi •.. ..,,,': . ,,':.,.. , 1: - 4-.--,-.., ,, ,,,,-, 0,---!, i ' 0,., `-- 10 . 0,.. i il ''4 '1 ; - ;-,. 7-1 -. ':, P „,' k. 1 '' 4-1 ,*-' 1',.: r., ;'1','' 1, 1 1 '.. ' t''.. \ ›. ' t 8 11,,t,!! I,;,', i j.---741.. .',„.,„ s cs t.• ,a,',-, 1 ,,_\,„,". - GER 1 LLI '' ----- i'ARPEI( 5 L. Exhibit 'D' j... i n- i 6 Iron Fence t Retam Cxisting r'en.ce i or Ne,v (Y Vioco hence I 8' Masonry Wall i 6' Masonry Wall or 6' i Iron Fence I i I I 1 I Owner: Harrington harshly 7000 Cherry Kt*Lane North lirthlaed etras,TX 76182 Applicant: Terra/Manna,L L,C. 395 39 State Rehr!IA,Sae 300 Soultiake,TX 76092 Cootact Paul Spam I Planner: SAGE GROUP,INC.I how,,,t 1....6,,, i) :1 1) ','.1C ti,arnij,qt :., DC 18 DEC 13 v\...../2I!/F.....aae.... DiagramK(1 Trail Overview Exhibit 1998 2013 2011 2005 Adoption of 2005 Colleyville Pathways Plan Resolution R-05-2609 Adoption of 2011 Parks, Recreation and Open Space Master Plan Resolution R-11-3433 Adoption of Colleyville Pathways Resolution R-98-1414 Trail 24 Heritage Trail Trail 26 E. Little Bear II Trail 25 Woodland Hills Trail Extension Creekside PUD-R Ordinance O-13-1899 Trail 24 Heritage Trail Trail 26 E. Little Bear Creek Extension Trail 25 Woodland Hills Extension Trail 26 Heritage Trail Trail 28 E. Little Bear Creek Extension Trail 27 Woodland Hills Extension Trail 29 Little Bear Creek—Far East Trail 26 Heritage Trail Trail 28 E. Little Bear Creek Extension Trail 27 Woodland Hills Extension Trail 29 Little Bear Creek—Far East This exhibit was prepared as a visual aid. The scale and alignment of trails does not reflect survey grade data. 11 C r e e k s i d e a t C o l l e y v i l l e Woodland Hills Extension ExhibitTrail 27Ü 234 1 2354 Approx. 480' Existing Trail Trail 27 AlignmentPedestrian Easement This exhibit was prepared as a visual aid. The elements represented do not reflect survey grade data. H E R I T A G E A V E M A R T I N P K W Y L E X I N G T O N P K W Y P E M B R O O K E P K W Y W CAMBRIDGE CT C r e e k s i d e a t C o l l e y v i l l e RESOLUTION R-15-3867 A RESOLUTION REMOVING TRAILS 27, 28, AND 29, FROM THE PARKS AND TRAILS MASTER PLAN MAP, ADOPTED AS PART OF THE 2011 PARKS, RECREATION AND OPEN SPACE MASTER PLAN WHEREAS,2005 Colleyville Pathways Plan has since been amended and subsumed into the 2011 Parks, Recreation and Open Space Master Plan, which includes the Parks and Trails Master Plan Map, with the approval of Resolution R-11-3433; and WHEREAS,based on a review of the Parks and Trails Master Plan Map, the City Council determines that changes should be made to the Map; and WHEREAS,Trails 27, 28, and 29 are no longer necessary to make a connection to the Heritage Trail (26) per the requirements of Ordinance O-13-1899; and WHEREAS,all legal prerequisites for the approval of this Resolution have been met, including but not limited to the Open Meetings Act; and WHEREAS,the City Council hereby determines that the approval of this Resolution is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT Trails 27, 28, and Trail 29 shall be removed from the Parks and Trails Master Plan Map effective immediately. AND IT IS SO RESOLVED. PASSED BY A VOTE OF _____ AYES, _____ NAYS, AND _____ ABSTENTIONS ON THIS THE 21ST DAY OF APRIL 2015. Resolution R-15-3867 Page 2 of 2 ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5b Agenda Date 04/21/2015 Number Resolution R-15-3868 Type Regular Agenda Items Department Community Development Title Consideration of a final plat on 31.301 acres of Abstract 441 of the Jesse Doss Survey, located at 2800 Heritage Avenue, Creekside Phase Five of the Creekside at Colleyville Addition, Case PC15-003 Strategy Map Connection There is no strategy map connection for this item. Explanation Reading and Public Hearing Jay Volk, representing Creekside Colleyville Investment LLC, has submitted a request to approve the Phase Five final plat for the Creekside at Colleyville addition, which includes 41 single family residential lots and two open space lots on 31.301 acres. The Phase One final plat was approved by the City Council on November 19, 2013, and is currently under construction. The Phase Two final plat was approved by the City Council on July 15, 2014. The Phase Three final plat was approved by City Council on August 19, 2014. The Phase Four final plat is currently in review. The Phase Five final plat is consistent with the preliminary plat (attached), which was approved by the City Council on July 15, 2014 by the attached Resolution R-14-3766. City Council Approval Required. On January 21, 2014 the City Council approved amendments to Chapter 8-Plat Review Procedures in the Land Development Code such that most plats required final approval only from the Planning and Zoning Commission. The remaining plats that require final City Council approval are preliminary plats and final plats that involve more than one phase. Detailed Site Plan. A detailed site plan was approved for Phase Two of the Creekside at Colleyville by Ordinance O-13-1899 (attached). The site plan approved by Ordinance O-13-1899 has been broken into four phases (Phase Two, Three, Four, and Five) for final platting purposes. The Phase Five final plat complies with the approved site plan attached to Ordinance O-13-1899. Zoning and Land Use. A re-zoning request for PUD-R-Planned Unit Development Residential zoning district was originally approved by Ordinance O-07-1645 (attached). Ordinance O-07-1645 was then amended by Ordinance O-13-1866 on March 5, 2013. Ordinance O-13-1866 (attached) provides a detailed development plan for Phase One City Council Agenda Briefing 5b City of Colleyville Page 2 and includes other minor amendments. Ordinance O-07-1645 and O-13-1866 was then amended by Ordinance O-13-1899 on December 17, 2013. Ordinance O-13-1899 provides a detailed development plan for Phase Two. Ordinance O-13-1899 also zoned the property at the northwest corner of Heritage Avenue and Cheek-Sparger Road, which was incorporated into the City by the attached boundary adjustment Ordinance O-12-1828. The zoning requirements stated in Ordinance O-07-1645 include single-family detached residential as the primary use with a maximum density of 2.4 dwelling units per acre. The minimum lot sizes are 5,500 and 9,000 square feet, dependent on lot widths. The minimum lot widths are 50 and 70 feet. Ordinance O-07-1645 also includes requirements for commercial use. All commercial properties shall only allow uses permitted in the following zoning districts that are either: (1) State of Texas sales tax generating businesses, or (2) professional offices: CN-Neighborhood Commercial zoning district, the CC1-Village Retail zoning district, and the CC2-Shopping Center zoning district. Private Streets/Access. The development will have access from both Heritage Avenue and Cheek-Sparger Road. All streets serving the development will contain a minimum of 40 feet of right-of-way, measured from curb-back to curb-back, with five (5) foot easements on both sides. All streets within the subdivision will be private and maintained by the homeowners' association. This development will be developed as a gated community with private streets in accordance with Chapter 10-Private Streets and Gate Entrances of the Land Development Code. Heritage Avenue Right-of-Way Waiver. On March 18, 2014, the City Council approved a right-of-way dedication waiver for Heritage Avenue in conjunction with the original approval of the preliminary plat. Eighty feet of right-of-way is required for Heritage Avenue based on the recommendation of the Master Thoroughfare Plan. Heritage Avenue is classified as a Major Collector (four lane) on the plan. The applicant was allowed to dedicate only 65 feet of right-of-way along the southern portion of Heritage Avenue south of Little Bear Creek after showing that they could fit a four lane road cross-section into 65 feet of right-of-way.The Phase Five final plat dedicates the necessary right-of-way. Sidewalks and Trails. Four (4) foot sidewalks will be installed in front of each residential lot within dedicated easements. A ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan (now referred to as Trail 26 on the currently adopted 2011 Parks, Recreation and Open Space Master Plan) will be constructed by the developer along the west side of Heritage Avenue, prior to the acceptance of public improvements. This will include a pedestrian bridge crossing of Little Bear Creek. The trail will be located within a dedicated Public Pedestrian Easement. Trail 24 was realigned to the western side of Heritage Avenue by Ordinance City Council Agenda Briefing 5b City of Colleyville Page 3 O-13-1899. Item 5a on this agenda is a resolution to remove Trails 27, 28, and 29 from the 2011 Parks, Recreation and Open Space Master Plan. With these trails removed, there are no additional trail requirements on the Creekside at Colleyville Phase Five final plat. If Trail 27 is not removed from the 2011 Parks, Recreation and Open Space Master Plan, a 15 foot wide Public Pedestrian Easement will be required from Heritage Avenue west to the Woodland Hills Addition. Reference the attached Trail Overview Exhibit for clarification on trail numbers and locations. The final plat for Phase Five that is being presented for approval has Trail 27 removed form the plat. If agenda item 5a that removes Trail 27 from the 2011 Parks, Recreation and Open Space Master Plan is not approved, Trail 27 will need to be added to the final plat. Drainage. The developer has submitted a preliminary drainage analysis of the site and it has been reviewed and approved by Public Works. Development Fees. Park land dedication fees are required, in the amount of $1,802 per residential lot. Park land dedication fees are due at the time of final plat, and must be paid before the final plat is recorded with the County Clerk's office. For the 41 single family lots within Phase Five, a total of $73,882 will be due. Water, wastewater, and roadway impact fees are due at the time a building permit is issued. Water and wastewater impact fees will depend upon meter size and will be assessed according to Chapter 13-Impact Fees of the Land Development Code. Minimum water impact fees are $2,491 and minimum wastewater impact fees are $643. Perimeter street improvement fees are not required for this plat, as the amount of impact fees exceeds the total cost of the perimeter street improvement fees for Heritage Avenue. Roadway impact fees in the amount of $4,941 per residential lot will be due at the time a building permit is issued. Roadway impact fees will total $202,581 for Phase Five. Screening Walls and Fences. Perimeter fencing along Heritage Avenue will only be required immediately adjacent to lots, and not be required where floodplain or open space is adjacent to Heritage Avenue. Perimeter fencing that currently exists along the west side of the proposed development will remain. Ordinance O-13-1899 amended Ordinance O-07-1645, Section 4(7)b to read as follows: "A six (6) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road, and Cheek-Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer." Except as noted above, all fences shall be constructed per Exhibit "D" of Ordinance O-13-1899. Landscaping and Tree Preservation. A Tree Preservation Plan consistent with Chapter 5-Tree Preservation of the Land Development Code has been approved for the entire Creekside development. Tree protection must be installed and maintained, per the approved Tree Preservation Plan, throughout construction on the project. Landscaping shall be provided as specified in Chapter 4-Landscaping and Buffering of City Council Agenda Briefing 5b City of Colleyville Page 4 the Land Development Code. Planning and Zoning Commission Recommendation. At theMarch 23, 2015 Planning and Zoning Commission meeting, the Phase Five finalplat was approved by a vote of 5-0, with the condition that the developerprovide an easement for Trail 25 (now Trail 27) if a connection to the Woodland Hillsneighborhood could be provided. There is an existing 50' Pedestrian, Drainageand Utility Easement on Lot 50 of the First Filing of Woodland Hills, and a 50' Pedestrian, Drainage and Utility Easement on Lot 85 in the Second Filing ofWoodland Hills, and Trail 25 (now Trail 27) can be connected from Creekside to the Woodland Hillsneighborhood at this dedicated Pedestrian, Drainage and Utility Easement.However, there is approximately 480 feet between this connection point and theterminus of the existing trail within Woodland Hills. As the trail in the Woodland Hills addition is located in a Pedestrian, Drainage and Utility Easement on private property, held by individual homeowners, connection of the final 480 feet would require coordination of up to five individual property owners to allow the connection to be made. Additionally, the cost of constructing the final connection would need to be funded by the City; therefore, staff recommended the removal of this trail segment from the Parks and Trails Master Plan. Summary. The proposed development satisfies the requirements of PUD-R Planned Unit Development-Residential Ordinances O-07-1645, O-13-1866, and O-13-1899 and the Land Development Code. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Location and Zoning Map 2.Aerial 3.Phase Five Final Plat 4.Resolution R-14-3766 5.Ordinance O-13-1899 6.Ordinance O-07-1645 7.Ordinance O-13-1866 8.Ordinance O-12-1828 9.Preliminary Plat 10.Trail Overview Exhibit 11.Resolution R-15-3868 City Council Agenda Briefing 5b City of Colleyville Page 5 MA R T I N P K W Y WILTONWOODS CT MA R T I N P K W Y HE R I T A G E A V E WOODLANDHEIGHTS CIR M A R T I N P K W Y BOWDEN HILL LN N L E X I N G T O N P K W Y EA T O N C I R CH R I S M A C W A Y PEMBROOKEPKWY N CAMBRIDGE CT HE R I T A G E A V E WI N E W O O D C T CUMBERLA N D CT CARISBROOKE CT SCARBOROUGH LN E SCARBO R O U G H L N W PEMBROOKE PKWY S MIDDLETON WAY PE M B R O O K E P K W Y W BO W D E N H I L L L N E GLENDALE D R LANGLEY HILL LN SCAR B O R O U G H LANE C T PUD-R PUD-R RD R-30R-20 RD RE R-40 PUD-R R-20 / Subject Property City of Euless Location and Zoning Map MA R T I N P K W Y WILTONWOODS CT MA R T I N P K W Y HE R I T A G E A V E WOODLANDHEIGHTS CIR M A R T I N P K W Y BOWDEN HILL LN N L E X I N G T O N P K W Y EA T O N C I R CH R I S M A C W A Y PEMBROOKEPKWY N CAMBRIDGE CT HE R I T A G E A V E WI N E W O O D C T CUMBERLA N D CT CARISBROOKE CT SCARBOROUGH LN E SCARBO R O U G H L N W PEMBROOKE PKWY S MIDDLETON WAY PE M B R O O K E P K W Y W BO W D E N H I L L L N E GLENDALE D R LANGLEY HILL LN SCAR B O R O U G H LANE C T 0 0 0 2800 0 0 0 3500 2800 04905 0 0 3300 3302 34023400 45034404 4500 3509 2800 0 4402 0 4504 3301 3303 3200 3203 3305 3401 3403 2800 3505 4105 3302 3907 4400 3905 4310 4003 4001 3501 4009 4318 3300 4101 4200 4304 4007 4406 3903 3103 4308 4005 4103 3301 3204 3501 4307 3202 4302 3201 4302 3101 4201 4300 4306 4416 3305 4100 3206 3205 3200 3201 4208 3105 4207 3106 4104 4102 4408 3200 4202 4206 4106 4414 3202 4209 4204 3202 3104 4300 3103 3203 4203 4206 4410 3404 3200 4309 4412 4206 3402 3501 4305 4301 4306 4307 3203 3106 4100 4411 4303 4311 32043200 3209 3103 4102 3100 3503 4304 4204 4311 4303 3400 3401 4409 4202 4100 4200 4401 4313 4209 3301 3409 4101 4303 4305 4403 3303 4205 4101 4203 4004 4301 3102 3405 4205 4103 41054103 4207 3201 4305 4203 4000 4008 4201 4009 4102 4204 4201 3908 3904 3407 3906 40074006 3301 3136 4002 3101 3301 3106 3138 3100 4108 4203 3302 4403 4313 3300 4417 431443123203 4401 4316 3203 4205 3201 4415 31323134 3204 3205 4405 4201 4407 3104 3301 4200 3304 3205 3300 4413 3302 4309 4205 3207 3206 4305 4301 3202 4303 34033305 4207 3130 2800 3300 3300 3300 3302 3405 340433043402 3303 3304 3406 3410 3407 3408 34003305 3408 3401 3411 3407 3907 4001 3404 3410 3302 4003 3406 3409 3905 3909 3405 34113412 3403 3408 3305 3410 34093400 3400 3401 3404 3405 3402 3402 4005 3406 3302 3303 3902 4300 3103 3101 3401 / Subject Property City of Euless Aerial VICINITY MAPHWY. 121 GLADE RD.HALL JOHNSON RD.CHEEK SPARGER RD.POOL RD.JACKSON RD.MARTINCITIES W MID BLVD.121 157PKWY.Owner/Applicant:Creekside at Colleyville Homeowners Association, Inc.c/o Terra Land Management, Inc.395 W. Northwest Parkway, Suite 300 Southlake, Texas 76092 817-410-9201FINAL PLAT CREEKSIDE AT COLLEYVILLE PHASE FIVE 31.301 acres in the JESSE DOSS SURVEY, A-441 41 Single Family Lots and 2 Open Space Lots CITY OF COLLEYVILLE TARRANT COUNTY, TEXAS 16 April 2015<CM>1" = 60'SHEET 1 OF 2 Engineer/Surveyor: J. Volk Consulting, Inc.800 E. Campbell Rd., Suite 120 Richardson, Texas 75081 972-201-3100GEHERITAAVE. Ci t y C o u n c i l A p p r o v a l WH E R E A S T h e C i t y C o u n c i l o f t h e C i t y o f C o l l e y v i l l e , T e x a s v o t e d a f f i r m a t i v e l y o n t h i s _ _ _ _ _ d a y o f __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ , t o a p p r o v e t h i s P l a t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ma y o r , C i t y o f C o l l e y v i l l e __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ At t e s t : C i t y S e c r e t a r y Pl a n n i n g a n d Z o n i n g C o m m i s s i o n A p p r o v a l WH E R E A S T h e P l a n n i n g a n d Z o n i n g C o m m i s s i o n o f t h e C i t y o f C o l l e y v i l l e , T e x a s v o t e d a f f i r m a t i v e l y o n t h i s _ _ _ _ _ d a y of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ , t o a p p r o v e t h i s P l a t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ch a i r m a n , P l a n n i n g a n d Z o n i n g C o m m i s s i o n __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ At t e s t : S e c r e t a r y , P l a n n i n g a n d Z o n i n g C o m m i s s i o n Owner/Applicant:M/I Homes Of DFW, LLC 405 State Highway 121, Suite A-210 Lewisville, TX 75067 972-315-6440 Ph a s e Fi v e Fi n a l Pl a t 16 April 2015 1" = 60'SHEET 2 OF 2City Council Approval WHEREAS The City Council of the City of Colleyville, Texas voted affirmatively on this _____ day of ____________________________________, 20____, to approve this Plat.________________________________Mayor, City of Colleyville ________________________________Attest: City Secretary Engineer/Surveyor: J. Volk Consulting, Inc.800 E. Campbell Rd., Suite 120 Richardson, Texas 75081 972-201-3100VICINITY MAPHWY. 121 GLADE RD.HALL JOHNSON RD.CHEEK SPARGER RD.POOL RD.JACKSON RD.MARTINCITIES W MID BLVD.121 157PKWY.GE HERITAAVE.FINAL PLAT CREEKSIDE AT COLLEYVILLE PHASE FIVE 31.301 acres in the JESSE DOSS SURVEY, A-441 41 Single Family Lots and 2 Open Space Lots CITY OF COLLEYVILLE TARRANT COUNTY, TEXAS “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ”“ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ”“ ” Owner/Applicant:Creekside at Colleyville Homeowners Association, Inc.c/o Terra Land Management, Inc.395 W. Northwest Parkway, Suite 300 Southlake, Texas 76092 817-410-9201Owner/Applicant:M/I Homes Of DFW, LLC 405 State Highway 121, Suite A-210 Lewisville, TX 75067 972-315-6440 Ph a s e Fi v e Fi n a l Pl a t RESOLUTION R-14-3766 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 15, 2014 WHEREAS, City 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 City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the City Council worksession of June 30, 2014 b. Approval of the minutes of the regular City Council meeting of July 1, 2014 c. Approval of a revised preliminary plat for the Creekside at Colleyville Addition, located on 110 acres between Glade Road, Heritage Avenue, and Cheek-Sparger Road, Case PC14-011 d. Approval of a final plat for Phase Two of the Creekside at Colleyville Addition, located at 2800 Heritage Avenue, Case PC14-007 e. Approval of an Engineering Services Agreement with TranSystems, Inc., for the design of the improvements to Glade Road between Bransford Road and Manning Drive, in an amount not to exceed $664,365, and authorize the city manager to execute the agreement f. Approval of the disposal of obsolete and non-serviceable equipment and sale of vehicles g. Approval of bid awards for medical and dental insurance to Blue Cross Blue Shield; vision insurance to Block Vision; life and accidental death and dismemberment and long-term disability insurance to Dearborn; and third-party administration of the flexible spending account and health reimbursement account to Total Administrative Services Corporation, and authorize the city manager to execute the agreements Resolution R-14-3766 Page 2 of 2 h. Approval of an Interlocal Agreement with North East Fire Department Association (NEFDA) for Capital Replacement Funding Procedures i. Approval of an Interlocal Assistance Agreement for Fire andPP9 Explosion Investigations, and authorizing the mayor to execute the agreement j. Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2014, in the amount of $43,725 k. Approval of an update to the City's Strategic Plan AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 7 AYES, ® NAYS, AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF JULY 2014. ATTEST: CITY OF COLLEYVILLE Airy$ elley, 7' MC David Kelly City-Secretary Mayor ORDINANCE 0-13-1899 AN ORDINANCE AMENDING ORDINANCE 0-07-1645 AND ORDINANCE 0-13-1866 CONDITIONS AND AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.4 ACRES LOCATED IN THE JESSE DOSS SURVEY AT THE NORTHWEST CORNER OF CHEEK-SPARGER ROAD AND HERITAGE AVENUE FROM THE AG- AGRICULTURAL DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY j CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-07-1645 on November 27, 2007, to establish the zoning of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 under case 2-07- 008; and WHEREAS, the City Council approved Ordinance 0-13-1866 on March 5, 2013, amending Ordinance 0-07-1645 conditions and approving a detailed site plan for phase one of the development under case ZC12-031; and WHEREAS, the applicant has requested an amendment to Ordinance 0-07- 1645 and Ordinance 0-13-1866 and requests to rezone 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue, acquired from the City of Euless in a boundary adjustment approved under Ordinance 0-12-1828, so as to incorporate the property into the PUD authorized by Ordinance 0-07-1645 under Case 2-07- 008 and approve a detailed site plan for phase two of the development; 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 Ordinance 0-13-1899 Page 2 of 6 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 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, to 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 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. 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. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance 0-07-1645 and Ordinance 0-13-1866. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by Ordinance 0-13-1899 Page 3 of 6 changing the zoning of 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue from the AG-Agricultural District to the PUD-R- Planned Unit Development Residential District, as depicted in the attached Exhibit "A" and described in Exhibit "B". Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit "C" shall be deemed to satisfy the site plan requirements of Ordinance 0-07-1645 Section 4(2)a and Ordinance 0-13-1866 Section 5(1)b. A full size copy of the site plan shall be kept on file in the Community Development Department until the final plat is approved, at which time a copy of the detailed site plan shall be kept in the plat file for this development. The phase two final plat shall be consistent with Exhibit "C". 2. GENERAL AMENDMENTS a. Section 5(2)e of Ordinance 0-13-1866 is hereby deleted. b. The developer may enter into a City/Developer Agreement with the City of Colleyville for any required public improvements, in conjunction with this development. Said agreement, if submitted, shall be approved and executed prior to the filing of the final plat for phase two of the development. c. Prior to the issuance of a building permit for the 1.9 acre commercial tract shown at the southwest corner of the development on Exhibit C, the developer shall submit a detailed site plan which shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with Ordinance 0-07-1645 and any subsequent amendments, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) Ordinance 0-13-1899 Page4of6 shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. d. Section 4(7)b of Ordinance 0-07-1645 is hereby amended to read as follows: A six (6) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer. The standards and detail for such wall shall be included as part of the detailed Site Plan and shall, otherwise, meet the requirements of the Land Development Code. e. Except as noted in subsection "d" above and Section 4(7)a and "c" in Ordinance 0-07-1645, all fences shall be constructed per Exhibit D. f. Section 5(2)c of Ordinance 0-13-1866 is hereby amended to read as follows: The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan map shall be constructed by the developer along the west side of Heritage Avenue prior to the acceptance of public improvements and shall connect to all other trails noted on the 2005 Colleyville Pathways Plan with the following exceptions: The developer may escrow the cost of constructing the trail in lieu of actual construction only for the portion of the trail that traverses the Little Bear Creek floodplain. If the developer chooses to escrow said funds, the developer shall build a minimum four (4) foot wide sidewalk across Little Bear Creek that links the internal sidewalks in the portion of the development that is south of Little Bear Creek to the internal sidewalks in the portion of the development that is north of Little Bear Creek. Said sidewalk connection shall link to Trail 24 on both sides of Little Bear Creek within a public pedestrian access easement, which shall be dedicated on the final plat(s) for the development. Sec. 6. 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. Ordinance 0-13-1899 Page 5 of 6 Sec. 7. 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. Sec. 8. 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. Sec. 9. 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. 10. 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. Sec. 11. THAT Ordinance 0-07-1645 and Ordinance 0-13-1866 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 3rd day of December 2013. The second reading and public hearing being conducted on the 17th day of December 2013. PASSED AND APPROVEQ by the City Council of the City of Colleyville, Texas, on this the I I---'' day of OCC16 1per- 2013. Ordinance 0-13-1899 Page 6 of 6 ATT ST: CITY OF COLLEYVILLE 14 Am helle T I C David KellY Y City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: In Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 1 iI;C .1,040 im . _,,.. , Rite:gatM ,,,,, _ _ _, __ _ i x rid -; i +es EE` City of Euless Y iI- Q 4 _ ® Legendc.u..w C7 Ili - W subject Igg -Lola - AG Agricultural r--eff -1 - 11',- I - CC-1 Village Retailtail 20 CC-2 Shopping Centernter L;.. : Mesa CC-3 Highway Commercial CN Neighborhood Commercial CPO Professional Office ML Light Manufacturing PUD-C Planned Unit Development,Commercial PUD-R Planned Unit Development,Residential 4! R-10 Single Family Residential(10.000 sq.ft.min) III Ile C 1 R-15 Single Family Residential(15,000 sq.ft.min) r C I R-20 Single Family Residential(20.000 sq.ft.min) C R-30 Single Family Residential(30,000 sq.ft.min) min'" R-40 Single Family Residential(40.000 sq.ft min) tsta Q p R-MF Multi-Family Residential KEP Subject1d_do RD Two Family Residential Property RE Single Family'Estate'Residential 7, N City of Bedford i Exhibit "B" - Legal Description of Property Zoned from AG-Agricultural to PUD-R-Planned Unit Development Residential Being the certain tract of land situated in the J. DOSS SURVEY, Abstract No. 441 and being a portion of the Ordinance No. 192 to City of Euless and a portion of the tract described in the deed to Sparger Family limited Partnership as recorded in Volume 16472, Page 390 of Deed Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point at the intersection of the Colleyville City Limit and the Bedford City Limit boundaries from which a 5/8" iron rod found for the southwest corner of said Sparger tract bears North 69°11'27" West at 207.68 feet; THENCE North 00°07'13" West, 25.16 feet to the beginning of a curve to the left; THENCE northeasterly with said curve to the left, having a radius of 843.63 feet, a central angle of 37°42'05", an arc length of 250.26 feet to the apparent intersection of the north right-of-way of said Cheek Sparger Road and the east right-of-way line of Heritage Avenue, continuing with said east right-of-way line a total arc length of 1281.93 feet and a long chord of North 42°29'27" East at 1162.08 feet to a 5/8 inch iron rod found for the end of said curve, same being the merging of the east right-of- way line of Woodpark Lane; THENCE South 01°02'49" East with said east right-of-way line of Woodpark Lane, 750.80 feet to the southwest corner of the tract described to Charles A. Hoel, Jr. and wife, Mary lea Hoel as recorded in Volume 3522, Page 540 of said Deed Records; THENCE South 89°57'50" East with the south line of said Hoel tract, approximately 38.00 feet to the northwest corner of the tract described to Cheek-Sparger Properties, LLP., as recorded in Document No. 0206013089 of said Deed Records; THENCE South 05°10'42" East, 58.85 feet to the beginning of a curve to the right; THENCE southeasterly with said curve to the right, having a radius of 1058.63 feet, a central angle of 12°33'23", an arc length of 232.00 feet and a long chord of South 71°31'54" East at 231.54 feet; THENCE South 65°18'09" East, 4.39 feet to said north City limit line of the City of Bedford and south City Limit line of the City of Colleyville; THENCE North 89°52'47" West with said common City Limit line, 1065.70 feet to the place of beginning and containing 4.438 acres of land, more or less. Exhibit"C" Detailed Site Plan- Page 1 WW c..) . roms Q x tiun.5 '- NJ fYF, a a 5 8 7.4 c7.RC hi. c `cs c rississa t LI- • E IL'i 000s tIr r J loor i. I. litt1 ..1,I 1 ; 4 tt .,. p. ,I ill 1:;. ,.11 I.* 7 X N.. ..,.,. 1;.; • rp, it•11§1:!:\tiPii `f. 4,'"'''' l'e.FE- cg'22.E (104 1- , s,•0 ft$ i 1 /I a . n Ez, t..,:, lb Arii 45 s -g. .3.1.1 --- 2 t gg- ' AI* -?§H ni t,',1 g.; izi I ll'q f,,Ilz e) 3, h e -t`iggps . 1.I.,,,,fn 6,, =1:'.6'' Cka 0 71') i CU 0 cN1g i), -,--- y, , n:11 11,1 ,,, t .--, , , 0 I ,,, i;„, ta... 1..., 1 e .'L"' f ' 1..,..,.,, 4 ")"..' v g ii' i ' '-- . ''''-'''''--•' 1,' Yf. 128 8 p. -pit' .,(4'*-; , -,• V I 1 oll 8 8'. I1 , 11 x 1,_. II1 it ill pi Idlio,,2 X 1,• .!-,--;!5 ' 1 .i0i ..' to tr,i,4 11..i;1,, Egill <— N. NN 4""..is I1 Page 2 6 t 4e', ' 5 . F—( Exhibit..C" Detailed S:te Plan: 4- 1 i! NNi 1. 4Nj*' 1'..,, Iti ' ris."' Clid. -"-- 8:' S1 osu f.' 2,.!,,-' 11 .!4 -‘ 1,f.. r•4 ce 0,-. 01 1,.,„,,i ,,''-, t ! ig4 tt..-i'1,7,fT. 0E t:2 . cg- 1.,1 t g-?-' - i,,A N 0 , oilik'S ... V Il' ill r gf.ii,,,!;',',4,i..,,t'-fii-,i2 E,.. '1 ".,..': t....ii-t',4.'"'- A.,5e'l 'z., :i Hi! 51 tilt gl , , 41 - .,, gr E , 5; 4!''' At 11E11 „ 11 ' 7.-°, ., -. ., if i .g.,! ii. l'i 01g2 - c„Ld 7.1 t 11.10,,, im. Cipd Cm') 4. 1*',,,e' 1 1\ ',!. * ''.------ i- , r... 0i \-, s,,„,„, , , 7,- 1 failli°° 7 , . ..,,,,,,, ,/,'"::,/, 0, , 1.1. c 1 401 -,,, 1 , \ s 0 7i-, - - r .. CL c ,,,' '' It: / 1 ''.1 1 t, 13 7,7;\:, : \ I. :' t.,-' 1 ' N.." '' \;',,‘';'-'' '- ' t E, ' 0 / ,' 0. ,.,..\\\,,,,,. - i ...„. 0. AN.,, ' T%'.4.411**' " H. N 0,, i 13) r Q) cl 1-. 1. .._--- .!---, , ,-•• r-7, ' ' .:. ', u,-...--:;-- 4, i', r)'!...,-. 1.__--' ..'' .-------, '.-,-' i 13 t ' ,., 41-'' , 7,... c p- ii--'-.; ' !,-:',‘,. 41" Hi •.. ..,,,': . ,,':.,.. , 1: - 4-.--,-.., ,, ,,,,-, 0,---!, i ' 0,., `-- 10 . 0,.. i il ''4 '1 ; - ;-,. 7-1 -. ':, P „,' k. 1 '' 4-1 ,*-' 1',.: r., ;'1','' 1, 1 1 '.. ' t''.. \ ›. ' t 8 11,,t,!! I,;,', i j.---741.. .',„.,„ s cs t.• ,a,',-, 1 ,,_\,„,". - GER 1 LLI '' ----- i'ARPEI( 5 L. Exhibit 'D' j... i n- i 6 Iron Fence t Retam Cxisting r'en.ce i or Ne,v (Y Vioco hence I 8' Masonry Wall i 6' Masonry Wall or 6' i Iron Fence I i I I 1 I Owner: Harrington harshly 7000 Cherry Kt*Lane North lirthlaed etras,TX 76182 Applicant: Terra/Manna,L L,C. 395 39 State Rehr!IA,Sae 300 Soultiake,TX 76092 Cootact Paul Spam I Planner: SAGE GROUP,INC.I how,,,t 1....6,,, i) :1 1) ','.1C ti,arnij,qt :., DC 18 DEC 13 v\...../2I!/F.....aae.... DiagramK(1 ORDINANCE 0-07-1645 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 108.5 ACRES OUT OF THE ELIZABETH COX SURVEY, ABSTRACT 352, THE JOHN H. HAVENS SURVEY, ABSTRACT 685, THE JESSE DOSS SURVEY, ABSTRACT 441, AND THE S.C.H. WITTEN SURVEY, ABSTRACT 1734, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-07-008; 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 to, 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 EREAS, 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 Ordinance 0-07-1645 Page 2 of 6 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. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance by reference as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 from the AG-Agricultural zoning district to PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" labeled Location and Zoning Map and as described on Exhibit "B" labeled Legal Description. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 2.4 dwelling units per acre. There shall be no more than 269 single-family residential lots. b. Commercial lots shall be permitted along the frontage of Heritage Avenue. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where specifically amended by this Ordinance. 2. CONCEPTUAL PLAN, SITE PLAN, AND PLATTING a. The development shall be generally consistent with this Ordinance and the Conceptual Site Plan, labeled as Exhibit "C", which shall not be Ordinance 0-07-1645 Page 3 of 6 considered a plat. The developer shall submit and receive approval from the City for any amendment to the Site Plan in accordance with the phasing of the development of any portion of this PUDR. A detailed Site Plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached. b. All commercial properties shall allow only uses permitted in the following zoning districts that are; (1) either State of Texas sales tax generating businesses, or (2) professional offices: CN- Neighborhood Commercial zoning district, the CC1-Village Retail zoning district and the CC2-Shopping Center zoning district. 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Planning Area "A" refers to lots adjacent to western property line. Planning Area "A" a. Minimum Lot Size 9,000 square feet b. Minimum Lot Width 70 feet c. Minimum Lot Depth 120 feet d. Front Building Line 20 feet; or 15 feet for a front swing garage e. Side Building Line 5 feet f. Rear Building Line 30 feet g. Maximum Building Height 40 feet h. Maximum Lot Coverage 65% Ordinance 0-07-1645 Page 4 of 6 Planning Area "B" a. Average Lot Size b. Minimum Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line h. Maximum Building Height i. Maximum Lot Coverage 5,500 square feet 5,000 square feet 50 feet 105 feet 20 feet; or 15 feet for a front swing garage 0, 1 or 9 feet with a 10 foot minimum between buildings 10 feet 40 feet 65% 5. OPEN SPACE AND LANDSCAPE BUFFER a. A 10 foot wide landscape buffer shall be designated along the entire western property line. No structures may be constructed within the landscape buffer. The landscape buffer shall be incorporated in the rear lots of Planning Area "A". Such landscape buffer shall is not an open space lot. Chapter 5 of the Land Development Code applies to this landscape buffer in particular and the development as a whole. In addition, the Section 5.9 Tree Replacement Requirements shall apply to any replacement tree greater than three (3) inches in diameter which is substantially damaged or which dies within two (2) years of final inspection. b. Open space lots shall be maintained by the Homeowners Association. c. The following amenities are permitted in the open space lots: picnic tables, benches, playground equipment, concrete and crushed granite walking paths, a gazebo, an arbor, other garden type built elements including a fireplace, fountains, lights and a dock and pier. These amenities shall be owned and maintained by a homeowners association. 6. PRIVATE SIDEWALKS AND STREETS a. A ten (10) foot wide concrete trail approximately 1.2 miles long shall be constructed on-site along with all other public improvements as part of this development between Glade Road and Cheek Sparger Road and prior to the time of Final Plat. The City Manager or his designee may approve a reduced trail width of eight (8) feet if necessary based upon topographic, landscape, or other issues. Such trail shall be included as part of any Site Plan submittal, and shall be consistent with the City's then existing Master Trail Plan. Ordinance 0-07-1645 Page 5 of 6 7. SCREENING a. An eight (8) foot masonry wall shall be built between any commercial and residential lots. b. An eight (8) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer. The standards and detail for such wall shall be included as part of the detailed Site Plan. c. Perimeter fencing along Heritage Avenue shall only be required immediately adjacent to lots, and not be required along where floodplain or open space is adjacent to Heritage Avenue. 8. OTHER a. Ingress and Egress from Winewood Place shall be restricted to access by emergency vehicles only. b. The number of lots allowed with frontage on a cul-de-sac street shall adhere to the requirements of the Land Development Code. c. The portion of the development located south of Little Bear Creek shall have a minimum of two (2) points of public vehicular ingress and egress from Cheek Sparger Road and/or Heritage Avenue. d. There shall be no direct access onto Glade Road from this development. e. There shall be no single family uses allowed adjacent to Heritage Avenue where there are, as of the passage of this ordinance, existing commercial uses directly across Heritage Avenue within the City of Euless. f. Retaining walls that are adjacent to residential lots shall be constructed with a stone facade. Sec. 5. 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 specifically amended herein. Sec. 6. 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. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of Ordinance 0-07-1645 Page 6 of 6 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. Sec. 8. 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. 9. 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. ND IT IS SO ORDERED. first reading and public hearing being conducted on the /~ ~ day of g~~~ 2007. ~ 4Q-- he second reading and public hearing being conducted on the I ~ day of i1-~/niri~/ ~ 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly C~ Mayor ROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" Location and Zoning Map Exhibit "B" Legal Description CREEKSIDE AT COLLEYVILLE (PUD-R) 108.5 ACRE ZONING TRACT BEING A 108.5 ACRE TRACT OF LAND SITUATED IN THE ELIZABETH COX SURVEY, ABSTRACT N0.352, THE JOHN H. HAVENS SURVEY, ABSTRACT N0.685, THE JESSE DOSS SURVEY, ABSTRACT N0.441 AND THE S.C.H. WITTEN SURVEY, ABSTRACT NO. 1734, CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS. SAID 108.5 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT NEAR THE INTERSECTION OF THE CENTERLINE OF GLADE ROAD AND THE INTERSECTION OF; THENCE S 09°46'23" W, OVER AND ACROSS SAID GLADE ROAD AND HERITAGE AVENUE, A DISTANCE OF 99.73 FEET TO A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF SAID HERITAGE AVENUE; THENCE ALONG THE EAST LINE OF SAID HERITAGE AVENUE THE FOLLOWING COURSES AND DISTANCES; S 12°21'40" W, A DISTANCE OF 447.71 FEET TO A POINT FOR CORNER; S OS°25'11" W, A DISTANCE OF 195.30 FEET TO A POINT FOR CORNER; S 04°21'00" W, A DISTANCE OF 720.00 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 27°31'41 ", A RADIUS OF 1121.05 FEET, AN ARC LENGTH OF 538.62 FEET, A CHORD BEARING OF S 17°31'00" W, AND A CHORD LENGTH OF 533.45 FEET TO A POINT FOR CORNER; S 30°41'03" W, A DISTANCE OF 515.89 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 15°51'46", A RADIUS OF 2840.34 FEET, AN ARC LENGTH OF 786.37 FEET, A CHORD BEARING OF S 22°45'00" W, AND A CHORD LENGTH OF 783.86 FEET TO A POINT FOR CORNER; S 14°48'57" W, A DISTANCE OF 308.22 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 16°05'15", A RADIUS OF 1407.20 FEET, AN ARC LENGTH OF 395.12 FEET, A CHORD BEARING OF S 06°46'30" W, AND A CHORD LENGTH OF 393.82 FEET TO A POINT FOR CORNER; S 00°46'00" E, A DISTANCE OF 772.57 FEET TO A POINT FOR CORNE~E C E IV E D FES o s zoo? Page 1 of 3 l:\SLD\Q2421300~SDATA~ZONING.doc Pei ~~~..~~.~.=,~a~, ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 70°04'32", A RADIUS OF 843.50 FEET, AN ARC LENGTH OF 1031.64 FEET, A CHORD BEARING OF S 33°59'27" W, AND A CHORD LENGTH OF 968.53 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH R.O.W. LINE OF CHEEK SPARGER ROAD; THENCE S 89°18'56" W, ALONG THE NORTH R.O.W. LINE OF SAID CHEEK SPARGER ROAD, A DISTANCE OF 437.70 FEET TO A POINT FOR THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PACEL 1 IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TA-RRANT COUNTY, TEXAS D.R.T.C.T.); THENCE N 00°01'23" W, ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 2658.46 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE S 89°02'53" E, ALONG THE NORTH LINE OF SAID TRACT 1, A DISTANCE OF 549.10 FEET TO A POINT FOR CORNER; THENCE LEAVING THE NORTH LINE OF SAID PARCEL 1 THE FOLLOWING COURSES AND DISTANCES; N 44°32'16" E, A DISTANCE OF 504.74 FEET TO A POINT FOR CORNER; S 58°08'37" E, A DISTANCE OF 82.37 FEET TO A POINT FOR CORNER IN THE WEST LINE OF A CALLED 136.34 ACRE TRACT OF LAND DESCRIBED IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TA-ItRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°39'20" E, ALONG SAID WEST LINE, A DISTANCE OF 541.65 FEET TO A POINT FOR CORNER; THENCE N 00° 15'08" E, A DISTANCE OF 443.19 FEET TO A POINT FOR CORNER; THENCE N 00°28'33" W, A DISTANCE OF 1306.92 FEET TO A POINT FOR CORNER; THENCE S 89°50'41" E, A DISTANCE OF 344.46 FEET TO A POINT FOR CORNER; THENCE N 00°09'51" W, A DISTANCE OF 225.22 FEET TO A POINT FOR CORNER; Page 2 of 3 l:~S LD~02421300~SDATA~ZONING.doc THENCE N 88°42'20" E, A DISTANCE OF 22.07 FEET TO A POINT FOR CORNER; THENCE S 00°27'31" E, A DISTANCE OF 28.94 FEET TO A POINT FOR CORNER; THENCE N 89°23'34" E, A DISTANCE OF 195.12 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 13°35'47", A RADIUS OF 1587.18 FEET, AN ARC LENGTH OF 376.64 FEET, A CHORD BEARING OF S 84°20'11" E, AND A CHORD LENGTH OF 375.76 FEET TO A POINT FOR CORNER; THENCE S 76° 13'22" E, A DISTANCE OF 105.52 FEET TO THE POINT OF BEGINNING, AND CONTAINING 108.5 ACRES OF LAND, MORE OR LESS. Page 3 of 3 1: \S L D\02421300\S DA TA1Z ON iN G. d oc Exhibit "C" -Conceptual Site Plan 3 e p o°O ~ ~ tt v ~~ n r O I ~PADf y r1~'il ~I1 "'~i g / ~ ~ ~ I I ,v - - r e '_ ~ ~ it ~ i I i SPADE I ' u ~ ~ aG / <~ r ~ t/I~ I \ \ :a~ ~' ~ { I ~ ~0 m 1' ~ I ~~ ICI ~ ~/~ ~ / ~,~ _ _ ~~ ~s - ~ - II '~ -9~a;J ~n a%I i I c/ 9 i~~ J b, Ie x r ~ Icy n s , e \ ~$ ~ ~ I ~ _ ~ ~ ail . g ~ ~~ 14 ~ I m I I i = I~ I~I Z I ~ I ,' ly l (~ I " ~ ' y I I I I ~T ~ ~ `~~ "' p I gel ICI ~ i a ~~ I ~L. ~ ~1 ~ m ~ ~ ~ ~- T I u - ~ ~ (~ ~! Ig ~ i i3 ~~ siRCEr M ~ II I u ~\~ ~ `~ i,w~ ~{ I b~~l X x , a ~ ~ x I I ~ -i - .~~ al ~ , ` I 9 ~ ~ l I ~ I\ I + I u I S I bl ~. = I~ ~~ x ~~ c r-- tl J/ Ab 1 ~ i? I - I~ ,~ Is ~_ srteeEr c '~ ~- ~~I ' ~/ ~~~ \ ~~~~~ I ~~~ I =~ a N, ~yl / • X15" ~ /~ ~ / 1 a I r I '~ I S I stREEr r ,..~ - smEEr ~ ~ ~ - ` Y I ~~ ~ ' i' ~ Ix I i ~ ¢ ~' ~ ~~ t / I I<I a Icl ~ ° ~~ j ~~ ~ ~ I - I~ ~ I e x o~ - I ~ = _ ,a ~ I ~ { a I _ ~ a / 1 ~ s ~ siR J / e w~ I I ~ ~ I a Ix m I ~ s /~ / ~ " / ~ m i 7~' I I ~ p~~ L~__ ~~~~~~~ CHEEK-SPARER RD.~~~~~ I / /' ' b•~ :~ ~ n~ / ~ ~~~° ~ cwoxmc~~sincrn no ,'/~ '~' /~./ ~ I ~»~ ~ A~>c i ~, / tl .... a• ng =z~y ~r oo~ '~ a t ° ~ ~ E nos P~ ~ ~ O I :~_ ~-•---- ~ CREEKSIDE AT COLLEYVILLE ORDINANCE 0-13-1866 AN ORDINANCE AMENDING ORDINANCE 0-07-1645 CONDITIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-07-1645 on November 27, 2007, to establish the zoning of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, The John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 under case 207- 0008; and WHEREAS, the applicant has requested an amendment to Ordinance 0-07- 1645 to further amend the commercial zoning requirements at the southwest corner of Glade Road and Heritage Avenue; to amend the trail location requirements within the development; and to submit a detailed site plan for 14.75 acres of the development per the requirements of Section 4(2)a under Ordinance 0-07-1645, under Case ZC12-031; 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 rr Ordinance 0-13-1866 Page 2 of 5 WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, 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 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. 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. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance 0-07-1645 conditions. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and development requirements on 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 as depicted on the attached Exhibit "A". Sec. 4. 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. Ordinance 0-13-1866 Page 3 of 5 Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. DETAILED SITE PLAN REQUIREMENT a. Exhibit "B" shall be deemed to satisfy the site plan requirements of Ordinance 0-07-1645 Section 4(2)a. A full size copy of the site plan shall be kept on file in the Community Development Department until the final plat is approved, at which time a copy of the detailed site plan shall be kept in the plat file for this development. The phase one final plat shall be consistent with Exhibit "B". b. The remainder of the subject property within this PUD shall be required to submit a detailed site plan per Section 4(2)a of Ordinance 0-07-1645 prior to the submission of a final plat. 2. GENERAL AMENDMENTS a. Sections 4(8) "d" and "e" of Ordinance 0-07-1645 are hereby deleted. b. The maximum building height in this development shall not exceed 35 feet. c. The ten (10) foot wide concrete trail shown as Trail 24 on the 2005 City of Colleyville Pathways Plan map shall be constructed by the developer along the west side of Heritage Avenue prior to the acceptance of public improvements. Trail 24 must connect to all other trails noted on the 2005 Colleyville Pathways Plan. d. This development may be developed as a gated community with private streets in accordance with Chapter 10-Private Streets and Gate Entrances of the Land Development Code. e. The developer shall improve Heritage Avenue where it ispp9 adjacent to the development to the current standards of the Land Development Code and the Master Thoroughfare Plan at the time of development of the adjacent property. There shall be no option to escrow said construction costs as a perimeter street fee for future roadway improvements. Ordinance 0-13-1866 Page 4 of 5 Sec. 6. 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. Sec. 7. 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. Sec. 8. 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. 9. THAT all provisions of Ordinance 0-07-1645 and the Land Development Code shall remain in full force and effect, except where amended herein. Sec. 10. 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 19th day of February 2013. The second reading and public hearing being conducted on the 5th day of March 2013. PASSED AND APPROt by the Cit Cou it of the City of Colleyville, Texas, on this the day of 2013. Ordinance 0-13-1866 Page 5 of 5 ATTEST:CITY OF COLLEYVILLE r Am elley /Y David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: k\- ,R-4 Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map al ilu rl Exhibit "B" Detailed Site Plan L. .--. ..._ - _.--- _._- ss0.0,25-. 9599 ----,..,-,.„ I li i/ i 1 12.1son Zone,91)00 Istaling A7761,011311 '''' jj j Planning Area A ----1 i• t, n5,,. l,l,. ,?, 1. 0 : _.; -- 2-.- 1,, I,, ,,_,'•., ,„, o_. 4 p..4 a_ i 4 4i / e _ 1 ,{__111 , 1- , ,4: • Y,.,BLOCK''-' --I• • 7 , -‘...-;.1r .1111..S.ZAA NY. _.••. 1 it : \ t 1 ', '. • --1:1-. 9'2- 1,! 3 '' a'1-1----1-- -1 L 1 2 19 3 '1 '1-9=-7.- -=== 141-11,:. ; 1,-, -•'•i ''• i 7114 .-11li _., ii110• 4„,,.„, ii i „. i ........, 1-179:9'-' 1"•,- I i '11' 1 1 lj-11:239__. ._ ._Jr, --, ...,/ =_,. .,,,,,,..„,.,/., ,, -..,_--.04._ ,-, . ,., / 1 Y -.:_'--...,”— --'."' 1!''''-Y; ti 741140 i t i -='—' 1 1 9, 1" I Planning Area B _,ir- ,., t r.,-.0--___ t77,.. ,..,- ,., :, /_-• r " 1 1 •'Is •''''' 1 L "Z..7 1- 1• -•.„. ., i I fi '19'''•••,..11t•1' 111:4 I; r •;1e1. 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D~.2 -/8Z8 CITY OF EULESS ORDINANCE NO. 1945 JOINT ORDINANCE AND BOUNDARY ADJUSTMENT AGREEMENT STATE OF TEXAS § COUNTY OF TARRANT § WHEREAS, the City of Colleyville, Texas is a home rule municipality located within Tarrant County; and WHEREAS, the City of Euless, Texas is a home rule municipality located within Tarrant County; and WHEREAS, pursuant to the authority granted in Section 43.031 of the Texas Local Government Code, as amended, adjacent municipalities may ma.ke mutually agreeable changes in their boundaries of areas that are less than 1,000 feet in width; and WHEREAS, Colleyville and Euless are adjacent; and WHEREAS, "Tract A", as described and depicted in Ezhibit A, which is atta.ched hereto and incorporated herein by reference, is uninhabited and is less than 1,000 feet in width; and WHEREAS, Colleyville and Euless desire to identify mutually agreeable corporate boundaries between the two communities; and WHEREAS, Colleyville and Euless, in the true spirit of governmental cooperation, intend this Joint Ordinance and Boundary Adjustment Agreement to reflect sound growth management principles and interregional planning. NOW THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE AND THE CITY COUNCIL OF THE CITY OF EULESS: SECTION 1. The findings set forth above are incorporated into the body of this ordinance and agreement as if fully set forth herein. SECTION 2. Pursuant to Section 43.031 of the Texas Local Government Code, Tract A, as described and depicted in Ezhibit A, sha11 be released from the corporate boundaries of Euless and simultaneously incorporated into the corporate boundaries of Colleyville. Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 1 SECTION 3. The laws of the State of Texas shall govern the interpreta.tion, validity, performance, and enforcement of this ordinance and agreement. The parties agree that exclusive venue shall lie in Tarrant County, Texas for any dispute arising out of this ordinance and agreement. Before a suit is filed by either party based on or pertaining to this ordinance and agreement, the parties agree that they will submit the dispute for mediation, pursuant to the procedure described in Section 154.023 of the Texas Civil Practice and Remedies Code, as amended. SECTION 4. T'he effective date of this ordinance and agreement sha11 be the last day this ordinance and agreement is approved by a party hereto as indicated on the signature blocks below. SECTION 5. Either party may file a certified copy of this ordinance and agreement in the real property records of Tarrant County, Texas. SECTION 6. It is expressly understood and agreed that, in the execution of this ordinance and agreement, no party waives, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By approving this ordinance and agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this ordinance and agreement shall not create any rights in parties not signatories hereto. SECTION 7. This ordinance shall be cumulative of all provisions of ordinances of the cities of Colleyville, Texas, and Euless, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION 8. It is hereby declared to be the intention of the City Council of the City of Colleyville and the City Council of the City of Euless that the phrases, clauses, sentences, paragraphs and sections of this ordinance and agreement are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance and agreement shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstiturionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance and agreement, since the same would have been enacted by the City Council of the City of Colleyville and the City Council of the City of Euless without the incorporation in this ordinance and agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 2 SECTION 9. Should this ordinance and agreement for any reason be ineffective as to any part of the area hereby incorporated into the City of Colleyville, such ineffectiveness of this ordinance and agreement as to any such part or parts of any such area shall not affect the effectiveness of this ordinance and agreement as to the remainder of such azea. The Colleyville City Council hereby declares it to be its purpose to include as part of the City of Colleyville every part of the area described in Exhibit A of this ordinance and agreement, regazdless of whether any part of such described area is hereby not effectively annexed into the City. Provided, further, that if there is included within the general description of territory set out in E~ibit A of this ordinance and agreement to be hereby annexed into the City of Colleyville any lands or area which are presently part of and included within the limits of the City of Colleyville, ar which are presently part of and included within the limits of any other city other than the City of Euless, or which are not within the City of Colleyville's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed hereby as fully as if such excluded and excepted azea were expressly described herein. SECTION 10. The City of Euless and the City of Colleyville do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustments. SECTION 11. This Joint Ordinance and Boundary Adjustment Agreement, upon adoption by both cities, shall be executed in duplicate originals by the Mayor of each City. PROVED by the C' Council of The City of Colleyville, Texas, at its meeting held on the ,~ day of ~ 2012. CITY OF COLLEYVILLE, TEXAS By: ~ ~ ~ David Kelly, Mayor ATTES~: _ , , D By: Si~gieton, City Secretary APPROVED AS TO FORM AND LEGALITY: 11~1~ "J' ~ Matthew C.G. Boyle, City Attorney Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 3 PRESENTED AND PASSED ON FIRST AND FINAL READING at a regulaz meeting of the Euless City Council on the 28 day of February 2012, by a vote of 5 ayes, o nays and 0 abstentions. CITY OF EULESS By: Mary Lib S e, Mayor ATTEST: By 5utter, TRMC, City Secretary APPROVED TO FORM AND LEGALITY: W ne . Olson, City Attorney Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 4 EXHIBIT A TRACT A" EXHIBIT "A" I f~TE~ I L BeurYgs are basetl on Infornatbn fron ca~pNed surveys prepored by Grnnt EripYUerbp, I~c on 1-23-2008. I 41 O M qv ~ yy Vd ~ I snv~a r~wcr uiaieo owenamw W.Y1E WR. Fllfi }f0. LRT.[.t. x6 W ~ Y7S J yyy uf I A ~ 3T~2'OS' 1~ I R . 843.37' 1~12B1.7J' LC • !N2'29'27R 1I62.08' J~ 'I ~~ \ m /~~ ~ w ' - vr u~ ~- ~ y~p~. SPN2GER ROA~ 4F~ \ ~i%~~~ II i V0.tK1~7,~t110[ SN, I ~ (1RTGT. i <~ i ~ ~ F Q. Y -6 W 1/2' 06 S '~ L r / OMlaa w ~m, ,~1, VLLUE 33lE. PKE 7W. OILTtT. ANIEXATIWI TO TIE CITY ~ LpLLEyv1LLE 438 ACRES or I93,301 s4ft. 589'S7'304 38L0' SOS'10's2'E LLiti. 7'lt'09'E 39' o P.O.H. ~ ""° ~ s.e.e.~srnsce' xo ' aa9i~''E'r o- R ~ CITY LIMIT ~INE ADJUSTMENT ~ ~< < DESCRIPTION ~~ 70 THE GITY OP [OLLEYVIii Bein` tM tertain tnct of bnd situated in the l. DOSS SURVEY. Abstncc No. C41 and being a ponion dthe Ordinanoe No.19i w CrtyofEuleuandaportionofthetractdescAbedinthed[M to Spiryer Famity Limked Vartnership as recwded in Vdume 16Q2, Page390MDeedRecoMs, Tamrrt tauitty, 7ens aM beiry morc partlwl~rly dpcripeA u fdbws: BEGINNING at a polnt at the iMerxttion of the Colkyvilk CHy limit and the Bedford [ity Umh boundarles from wfich a 5Jg • iro~ rod founE for the sou[hwest mmer o15aW Sp~ryer trM besrs North 69'll']T West a[ 707.66 feeC TMENCE North 00'07'13' West, 25.16 feet to the be`inNrig of a arw W Me Ielt; THENCE nor[heastMy wIM saia curve W the kR, lyvi~g a radius of 843.63 ket, s centnl sr~le of 3T47'OS", an arc I~th of 25016teettotheapparemhrcersectbnofMenorthri`htof-way of said Geek Sparger Road and ehe eau rlghto4way li~e o/ INriheeAvenue, coMinuky with said east ri`htof-r~y line a tobl ar[ kns[h o/1281.93 feet aM a Iw~ chord of tbrth 12'29'2T Ea# rt 116i.08 feet W a S/S inch iron rodlouM (w the erW of safd curve, same beinp tM merging of the east rightct-way Iine ot WppdparkUne; 7HENCE South 01'02'19' Eart witA said east riehaof-way line of Woodpark Une, 75p.9p (ee~ oo the youtM~st wme~ M y~e ~ract tlescriEed to Charles 0. Hoel, lr. and wlk. Mary Lea NoN as recwded in Voiume 3522. Vage Sa0 of saW pecp RacoNS; THENCE South 89'S7'S0' East vnth tAe south lin~ o( said XoN tnct, approximateH ~~~ ~~~ ~Mhwat comar of th¢ tnct described to Cheek-Spar`er Vropertks, ILP. as reterded in Do[ument No. 02060130H9 d vid Deed Records; T/fENCE South OS'10't1' East, 58.85 feet to tM beginnmg ot a arve ro the right; TMENCE southeasterly with saiA turve m the neM, havi~g a radius M 1058.63 feet, a central a~le of 12'33'23', an arc kn[h of 23i.00 feet and a lons choN d South 71'31'S4' East at 23154 feet ; THENCE South 65'18'09' Easi, 4.39 het to said north City Umit line af the City ot &dfoM and south Gty limk line d[he qry o/ Euiess; THEN~ North 89'S2'4T WlSt with said wmmo~ Ciry limh Iine, 3065.70/eet to the plaa of bepmin` aM corMaining 4.438 acres o(land, mare or less. lli Aoarnwt ~w M~b inOr II TAC lOJ.21. daM MOf OF wllst iM r~rN~ ef m m IM V~M w~wl, ak Y net b M uMd b aarwr a~Malih hNrl N~MI V~Y ~W IMn Mne~w+~ awa :b..M. ~a.~~vdmu.'~emwro~' m.P:'O~R D J L~o e u n c v iY~'•• y A nnuury 23. 2012 RICKYL:~~i,EN,T,RV LEGEND SCAIE~ ~• ~ Zpp• aurrwoin~rs~x+oia~meM+w.rm~er~cu. 55~9 - 4'a`~am+~ wc 10b DENTON DRIVEOo.0.,~••~'E'yS~RV u[ . uTRir~ GSUEMr yE • pp~qw~ c~T P1rt - P1~u ~~*'~ DRA4N BY~ R.L.G.ROANOF(E. TFXA$ 78282 PFI MO"~ONE (817) 961-0082 p a~s • u~a am scr BLS J~H N FAX(817)981-0088 x- • rocc SHEET 1 OF 1 Exhibit "A", Page 1 NO T E S : 1. E X I S T I N G S T R U C T U R E S O N T H E S U B J E C T PR O P E R T Y T O B E R E M O V E D 2. R E F E R T O T H E P R E L I M I N A R Y D R A I N A G E P L A N FO R T O P O G R A P H I C I N F O R M A T I O N 3. I N T E R N A L S T R E E T S A R E T O B E P R I V A T E 4. A L L O P E N S P A C E L O T S S H A L L B E O W N E D A N D MA I N T A I N E D B Y T H E H . O . A . VICINITY MAPHWY. 121 GLADE RD.COLLEYVILLE BLVD.HALL JOHNSON RD.CHEEK SPARGER RD.HERITAGE AVE.BROWN TR.POOL RD.JACKSON RD.MARTIN PKWY.PRELIMINARY PLAT CREEKSIDE AT COLLEYVILLE 111.78 acres in the JESSE DOSS SURVEY, A-441,JOHN H. HAVENS SURVEY, A-685 AND THE S.C.H. WITTEN SURVEY, A-1734 CITY OF COLLEYVILLE TARRANT COUNTY, TEXAS 13 May 2014 SHEET 1 OF 2Owners:Terra Manna, LLC 395 W SH 114, Suite 300 Southlake, Texas 76092 Cr e e k s i d e C o l l e y v i l l e I n v e s t m e n t s L L C 395 W SH 114, Suite 300 Southlake, Texas 76092 St a n d a r d P a c i f i c o f T e x a s , I n c . 90 9 L a k e C a r o l y n P a r k w a y , S u i t e 1 7 0 0 Irving, Texas 75039 Henley USA LLC 11 1 0 0 M a i n S t r e e t , S u i t e 1 0 0 Be l l e v u e , W a s h i n g t o n 9 8 0 0 4 Su r v e y o r : Ro n a l d D . S m i t h S u r v e y o r , I n c . P. O . B o x 1 6 7 9 Fo r n e y , T e x a s 7 5 1 2 6 97 2 - 5 6 4 - 9 8 4 0 Ap p l i c a n t : Te r r a / M a n n a , L L C 39 5 W S H 1 1 4 , S u i t e 3 0 0 So u t h l a k e , T e x a s 7 6 0 9 2 Co n t a c t : P a u l S p a i n HE R I T A G E A V E N U E R I G H T - O F - W A Y : EX . R . O . W . E S M T . = 4 . 6 4 A C PR O P . R . O . W . D E D I C A T I O N = 3 . 6 5 A C TO T A L R . O . W . P R O V I D E D = 8 . 2 9 A C Pr e l i m i n a r y P l a t NOTES:1. EXISTING STRUCTURES ON THE SUBJECT PROPERTY TO BE REMOVED 2. REFER TO THE PRELIMINARY DRAINAGE PLAN FOR TOPOGRAPHIC INFORMATION 3. INTERNAL STREETS ARE TO BE PRIVATE 4. ALL OPEN SPACE LOTS SHALL BE OWNED AND MAINTAINED BY THE H.O.A.VICINITY MAPHWY. 121 GLADE RD.COLLEYVILLE BLVD.HALL JOHNSON RD.CHEEK SPARGER RD.HERITAGE AVE.BROWN TR.POOL RD.JACKSON RD.MARTIN PKWY.PRELIMINARY PLAT CREEKSIDE AT COLLEYVILLE 111.78 acres in the JESSE DOSS SURVEY, A-441,JOHN H. HAVENS SURVEY, A-685 AND THE S.C.H. WITTEN SURVEY, A-1734 CITY OF COLLEYVILLE TARRANT COUNTY, TEXAS 13 May 2014 SHEET 2 OF 2 TR A C T I BE I N G a 9 4 . 2 5 4 a c r e t r a c t o f l a n d s i t u a t e d i n t h e J e s s e D o s s S u r v e y , A b s t r a c t N o . 4 4 1 a n d t h e J o h n H . H a v e n s S u r v e y , A b s t r a c t N o. 6 8 5 a n d t h e S. C . H . W i t t e n S u r v e y , A b s t r a c t N o . 1 7 3 4 , C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s . S a i d 9 4 . 2 5 4 a c r e t r a c t o f l a n d b e i n g a p or t i o n o f t h o s e ce r t a i n t r a c t s o f l a n d a s c o n v e y e d t o B . H a r r i n g t o n i n C a u s e N o . 9 0 4 3 5 , M i n u t e s o f D i s t r i c t C o u r t , 1 7 t h J u d i c i a l D i s t r i c t , T a r r an t C o u n t y , T e x a s , a s re c o r d e d i n V o l u m e 6 8 4 6 , P a g e 1 2 1 1 , D e e d R e c o r d s , T a r r a n t C o u n t y , T e x a s . T o g e t h e r w i t h a r e m a i n d e r p o r t i o n o f t h a t c e r t a i n t r a ct o f l a n d a s co n v e y e d t o B . H a r r i n g t o n a s 2 n d t r a c t , a s r e c o r d e d i n V o l u m e 1 1 1 9 , P a g e 1 6 5 , s a i d D e e d R e c o r d s . T o g e t h e r w i t h t h a t c e r t a i n t r a ct o f l a n d a s co n v e y e d t o B r y a n t H a r r i n g t o n E s t a t e , a s r e c o r d e d i n V o l u m e 4 8 4 5 , P a g e 6 5 6 , s a i d D e e d R e c o r d s . T o g e t h e r w i t h a s t r i p o f l a n d l y in g s o u t h o f an d a d j a c e n t t o L o t 4 9 , B l o c k 6 , o f W o o d l a n d H i l l s , F i r s t F i l i n g , a n a d d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s , a c c o r d i n g t o t h e p l a t re c o r d e d i n V o l u m e 3 8 8 - 1 6 6 , P a g e 4 4 , P l a t R e c o r d s , T a r r a n t C o u n t y , T e x a s . s a v e a n d a c c e p t t h a t p o r t i o n o f s a i d B r y a n t H a r r i n g t on E s t a t e l y i n g wi t h i n t h e p l a t s o f P r e s t w i c k P a r k , s a i d p r o p e r t y b e i n g t h a t t r a c t a w a r d e d t o J o h n H . M a t t h e w s i n C a u s e N o . 1 4 1 - 5 4 2 9 2 - 7 9 , M i n u t es o f D i s t r i c t Co u r t , 1 4 1 s t J u d i c i a l D i s t r i c t , T a r r a n t C o u n t y , T e x a s , a s r e c o r d e d i n V o l u m e 4 8 , P a g e 7 7 2 , D i s t r i c t C o u r t R e c o r d s ; s a i d s u b j e c t p r o p e r t y b e i n g mo r e p a r t i c u l a r l y d e s c r i b e d b y m e t e s a n d b o u n d s a s f o l l o w s : BE G I N N I N G a t a 1 / 2 i n c h i r o n r o d f o u n d , b e i n g i n t h e N o r t h l i n e o f C h e e k - S p a r g e r R o a d , a v a r i a b l e w i d t h p u b l i c r i g h t - o f - w a y . A ls o b e i n g t h e oc c u p i e d S o u t h w e s t c o r n e r o f t h e s a i d 5 4 . 6 5 a c r e t r a c t , f r o m w h i c h t h e S o u t h e a s t c o r n e r o f L o t 1 2 3 , B l o c k 6 , W o o d l a n d H i l l s , S i xt h F i l i n g , a n ad d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n V o l u m e 3 8 8 - 1 6 6 , P a g e 4 6 , s a i d P l at R e c o r d s , b e a r s , No r t h 0 0 d e g r e e s 0 1 m i n u t e s 2 3 s e c o n d s W e s t , 2 0 . 4 5 f e e t ; TH E N C E : N o r t h 0 0 d e g r e e s 4 6 m i n u t e s 5 7 s e c o n d s W e s t , a l o n g t h e w e s t l i n e o f s a i d 5 4 . 6 5 a c r e s t r a c t , t h e e a s t l i n e o f s a i d b l o c k 6 , W o o d l a n d Hi l l s , S i x t h F i l i n g , a n d c o n t i n u i n g a l o n g t h e e a s t l i n e o f B l o c k 6 , W o o d l a n d H i l l s , S e c o n d F i l i n g , a n a d d i t i o n t o t h e C i t y o f C ol l e y v i l l e , T a r r a n t Co u n t y , T e x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n V o l u m e 3 8 8 - 1 6 5 , P a g e 4 5 , s a i d P l a t R e c o r d s , a n d c o n t i n u i n g a l o n g t h e e a s t l i n e o f B l o c k 6 , o f sa i d W o o d l a n d H i l l s , F i r s t F i l i n g , a t 2 6 5 8 . 4 7 f e e t p a s s i n g t h e N o r t h w e s t c o r n e r o f s a i d D o s s S u r v e y a n d c o n t i n u i n g a t o t a l d i s t an c e o f 2 6 9 7 . 2 2 fe e t t o a f e n c e c o r n e r @ a 2 5 ” O a k t r e e i n t h e s o u t h l i n e o f L o t 4 9 , B l o c k 6 o f s a i d W o o d l a n d H i l l s , F i r s t F i l i n g ; TH E N C E : S o u t h 8 9 d e g r e e s 3 3 m i n u t e s 4 0 s e c o n d s E a s t , w i t h t h e s o u t h l i n e o f s a i d L o t 4 9 , B l o c k 6 , W o o d l a n d H i l l s , F i r s t F i l i n g , 5 8 5 . 4 1 f e e t t o a 1/ 2 i n c h i r o n r o d s e t , c a p p e d “ R D S , I N C ” , n e a r a 3 4 i n c h P e c a n t r e e , b e i n g t h e m o s t S o u t h e a s t e r l y c o r n e r o f s a i d L o t 4 9 , B l o c k 6 , W o o d l a n d Hi l l s , F i r s t F i l i n g a n d i n t h e n o r t h w e s t l i n e o f s a i d B . H a r r i n g t o n , 2 n d t r a c t ; TH E N C E : N o r t h 4 3 d e g r e e s 4 6 m i n u t e s 3 6 s e c o n d s E a s t , w i t h s a i d n o r t h w e s t l i n e o f s a i d B . H a r r i n g t o n , 2 n d t r a c t a n d t h e E a s t l i ne o f s a i d L o t 4 9 , Bl o c k 6 , W o o d l a n d H i l l s , a d i s t a n c e 4 4 5 . 9 8 f e e t t o t h e m o s t N o r t h e a s t e r l y e a s t e r l y c o r n e r o f s a i d L o t 4 9 , B l o c k 6 , a n d b e i n g i n t h e m o s t so u t h e r l y s o u t h e a s t l i n e o f L o t 4 , B l o c k 1 , P r e s t w i c k P a r k S o u t h , a n a d d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s , a c c o r d i n g t o t h e pl a t r e c o r d e d i n C a b i n e t A , S l i d e 2 7 9 , s a i d P l a t R e c o r d s ; TH E N C E : S o u t h 5 9 d e g r e e s 4 2 m i n u t e s 3 6 s e c o n d s E a s t , a l o n g s a i d s o u t h e a s t l i n e o f L o t 4 , B l o c k 1 , a n d w i t h s a i d n o r t h e a s t l i n e o f s a i d B . Ha r r i n g t o n , 2 n d t r a c t , a d i s t a n c e o f 8 8 . 7 2 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d “ R D S , I N C ” ; TH E N C E : W i t h t h e E a s t l i n e o f s a i d B l o c k 1 , P r e s t w i c k P a r k S o u t h , a s f o l l o w s : No r t h 0 0 d e g r e e s 3 7 m i n u t e s 4 7 s e c o n d s W e s t , 6 4 . 7 0 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 1 d e g r e e s 5 9 m i n u t e s 3 9 s e c o n d s W e s t , 7 4 . 9 3 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 2 d e g r e e s 5 6 m i n u t e s 4 2 s e c o n d s W e s t , 8 3 . 3 5 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 1 d e g r e e s 5 1 m i n u t e s 2 4 s e c o n d s W e s t , 9 2 . 8 9 fe e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 3 3 m i n u t e s 1 1 s e c o n d s W e s t , 1 2 3 . 3 8 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 4 7 m i n u t e s 5 1 s e c o n d s W e s t , 1 2 4 . 5 8 fe e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 1 d e g r e e s 0 3 m i n u t e s 1 1 s e c o n d s E a s t , 6 2 . 7 2 fe e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 3 7 m i n u t e s 1 0 s e c o n d s W e s t , 5 5 . 8 3 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 2 0 m i n u t e s 0 3 s e c o n d s W e s t , 1 0 8 . 0 6 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 0 2 m i n u t e s 4 7 s e c o n d s E a s t , 6 2 . 2 0 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 4 7 m i n u t e s 3 3 s e c o n d s E a s t , 6 6 . 7 5 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 1 d e g r e e s 1 5 m i n u t e s 5 3 s e c o n d s W e s t , 7 3 . 1 3 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” , b e i n g t h e N o r t h e a s t c o rn e r o f L o t 1 , Bl o c k 1 o f s a i d P r e s t w i c k P a r k S o u t h a n d t h e S o u t h e a s t c o r n e r o f L o t 2 , B l o c k 3 , P r e s t w i c k P a r k , a n a d d i t i o n t o t h e C i t y o f C o l le y v i l l e , T a r r a n t Co u n t y , T e x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n C a b i n e t A , S l i d e 1 6 5 , s a i d P l a t R e c o r d s ; TH E N C E : A l o n g t h e e a s t l i n e o f B l o c k 3 a n d B l o c k 2 , s a i d P r e s t w i c k P a r k , a s f o l l o w s : No r t h 0 0 d e g r e e s 2 7 m i n u t e s 3 3 s e c o n d s W e s t , 1 6 3 . 2 8 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 4 2 m i n u t e s 3 0 s e c o n d s W e s t , 2 3 8 . 3 6 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 5 2 m i n u t e s 2 4 s e c o n d s W e s t , 2 3 5 . 3 0 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d R D S , I N C ” ; No r t h 0 0 d e g r e e s 5 3 m i n u t e s 2 9 s e c o n d s W e s t , 8 9 . 2 6 f e e t t o a 1 / 2 i n c h i r o n r o d f o u n d , b e i n g t h e N o r t h l i n e o f a f o r e s a i d B r y a n t Ha r r i n g t o n E s t a t e t r a c t , a l s o b e i n g S o u t h l i n e o f t h a t c e r t a i n t r a c t o f l a n d c o n v e y e d t o S a m u e l M a s o n H a r r i n g t o n b y S p e c i a l W a r ra n t y De e d , a s r e c o r d e d i n V o l u m e 7 3 7 0 , P a g e 1 6 9 , D e e d R e c o r d s o f T a r r a n t C o u n t y , T e x a s , f r o m w h i c h t h e S o u t h w e s t c o r n e r o f s a i d t r a ct be a r s S o u t h 8 9 d e g r e e s 1 8 m i n u t e s 2 2 s e c o n d s W e s t , 2 . 4 2 f e e t ; TH E N C E : N o r t h 8 9 d e g r e e s 1 8 m i n u t e s 2 2 s e c o n d s E a s t , a l o n g t h e N o r t h l i n e o f s a i d B r y a n t H a r r i n g t o n E s t a t e t r a c t a n d t h e S o u t h l i n e o f sa i d S a m u e l M a s o n H a r r i n g t o n t r a c t , a d i s t a n c e o f 9 0 7 . 9 6 f e e t t o a P K N a i l s e t , TH E N C E : S o u t h 0 3 d e g r e e s 0 6 m i n u t e s 2 4 s e c o n d s W e s t , a d i s t a n c e o f 3 . 2 3 f e e t t o a P K N a i l s e t ; TH E N C E : N o r t h 8 9 d e g r e e s 2 2 m i n u t e s 0 3 s e c o n d s E a s t , a l o n g t h e N o r t h l i n e o f s a i d B r y a n t H a r r i n g t o n E s t a t e t r a c t , a d i s t a n c e o f 2 0 . 3 0 fe e t t o a 1 i n c h m e t a l d i s k f o u n d , b e i n g t h e S o u t h w e s t c o r n e r o f t h a t H e r i t a g e T o w n e C r o s s i n g , a n a d d i t i o n t o t h e C i t y o f C o l l ey v i l l e , Ta r r a n t C o u n t y , T e x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n C a b i n e t A , S l i d e 7 7 4 3 , s a i d P l a t R e c o r d s , a l s o b e i n g t h e N o r t h e a s t c o r n e r o f t h e oc c u p i e d H e r i t a g e A v e n u e E a s e m e n t , a 5 0 f o o t w i d e r i g h t - o f - w a y f o r C h e e k - S p a r g e r R o a d , n o w H e r i t a g e A v e n u e , a s r e c o r d e d i n V o l u me 2 , Pa g e 1 2 5 o f t h e C o m m i s s i o n e r s C o u r t C l e r k R e c o r d s , T a r r a n t C o u n t y , T e x a s ; TH E N C E : W i t h t h e E a s t r i g h t - o f - w a y l i n e o f s a i d H e r i t a g e A v e n u e , a s f o l l o w s : So u t h 0 4 d e g r e e s 2 4 m i n u t e s 5 6 s e c o n d s W e s t , a d i s t a n c e o f 7 3 5 . 5 6 f e e t t o a n “ X ” c u t f o u n d , b e i n g t h e b e g i n n i n g o f a c u r v e t o t h e r i g h t w h o s e ra d i u s i s 1 1 1 9 . 5 5 f e e t a n d w h o s e l o n g c h o r d b e a r s S o u t h 1 7 d e g r e e s 0 6 m i n u t e s 0 2 s e c o n d s W e s t , 5 3 2 . 8 6 f e e t ; TH E N C E : a l o n g s a i d c u r v e t o t h e r i g h t a n d a l o n g t h e W e s t l i n e o f t h a t c e r t a i n t r a c t o f l a n d a s c o n v e y e d t o G l a d e 1 2 1 , L P I , a s r ec o r d e d i n Cl e r k s F i l e N o . D 2 0 5 2 4 1 9 1 7 , s a i d D e e d R e c o r d s , t h r o u g h a c e n t r a l a n g l e o f 2 7 d e g r e e s 3 2 m i n u t e s 0 5 s e c o n d s , a n a r c l e n g t h o f 5 3 8. 0 3 f e e t to a 1 i n c h D i s k , b e i n g t h e e n d o f s a i d c u r v e ; So u t h 3 0 d e g r e e s 1 7 m i n u t e s 1 3 s e c o n d s W e s t , a l o n g t h e E a s t l i n e o f s a i d H e r i t a g e A v e n u e E a s e m e n t a n d a l o n g s a i d G l a d e 1 2 1 t r a ct , a di s t a n c e o f 5 1 5 . 9 6 f e e t t o a 1 i n c h D i s k f o u n d , b e i n g t h e b e g i n n i n g o f a c u r v e t o t h e l e f t w h o s e r a d i u s i s 2 8 2 4 . 7 3 f e e t a n d w h o se l o n g ch o r d b e a r s S o u t h 2 2 d e g r e e s 1 8 m i n u t e s 1 5 s e c o n d s W e s t , 7 8 8 . 3 6 f e e t ; TH E N C E : a l o n g s a i d c u r v e t o t h e l e f t a n d a l o n g s a i d E a s t l i n e o f H e r i t a g e A v e n u e E a s e m e n t a n d s a i d G l a d e 1 2 1 , t h r o u g h a c e n t r a l a n g l e o f 16 d e g r e e s 0 2 m i n u t e s 3 5 s e c o n d s , a n a r c l e n g t h o f 7 9 0 . 9 4 f e e t t o a 1 / 2 i n c h i r o n r o d f o u n d , b e i n g t h e e n d o f s a i d c u r v e ; So u t h 1 4 d e g r e e s 1 9 m i n u t e s 4 3 s e c o n d s W e s t , a l o n g s a i d E a s t l i n e o f H e r i t a g e A v e n u e E a s e m e n t a n d G l a d e 1 2 1 , a d i s t a n c e o f 3 03 . 3 7 fe e t t o a 1 i n c h D i s k f o u n d , b e i n g t h e b e g i n n i n g o f a c u r v e t o t h e l e f t w h o s e r a d i u s i s 1 1 9 3 . 2 5 f e e t a n d w h o s e l o n g c h o r d b e a r s S o u t h 0 7 de g r e e s 0 9 m i n u t e s 0 1 s e c o n d s W e s t , 3 7 9 . 5 9 f e e t ; TH E N C E : a l o n g s a i d c u r v e t o t h e l e f t a n d a l o n g s a i d E a s t l i n e o f H e r i t a g e A v e n u e E a s e m e n t a n d s a i d G l a d e 1 2 1 , t h r o u g h a c e n t r a l a n g l e o f 18 d e g r e e s 1 8 m i n u t e s 1 6 s e c o n d s , a n a r c l e n g t h o f 3 8 1 . 2 1 f e e t t o a 1 i n c h D i s k f o u n d , b e i n g t h e e n d o f s a i d c u r v e ; So u t h 0 1 d e g r e e s 4 9 m i n u t e s 5 0 s e c o n d s E a s t , a l o n g s a i d E a s t l i n e o f H e r i t a g e A v e n u e E a s e m e n t a n d G l a d e 1 2 1 , a di s t a n c e o f 7 8 6 . 9 3 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d " R D S , I N C " b e i n g t h e b e g i n n i n g o f a c u r v e t o t h e r i g h t w h o s e ra d i u s i s 8 4 3 . 4 9 f e e t a n d w h o s e l o n g c h o r d b e a r s S o u t h 3 3 d e g r e e s 1 3 m i n u t e s 5 4 s e c o n d s W e s t , 9 6 8 . 4 9 f e e t . TH E N C E : a l o n g s a i d c u r v e t o t h e r i g h t a n d a l o n g t h e s a i d E a s t l i n e o f H e r i t a g e A v e n u e E a s e m e n t , t h r o u g h a c e n t r a l an g l e o f 7 0 d e g r e e s 0 4 m i n u t e s 2 2 s e c o n d s , a n a r c l e n g t h o f 1 0 3 1 . 5 9 f e e t t o a 5 / 8 i n c h i r o n r o d f o u n d , b e i n g t h e e n d of s a i d c u r v e i n t h e N o r t h l i n e o f t h e a f o r e m e n t i o n e d C h e e k - S p a r g e r R o a d ; TH E N C E : S o u t h 8 8 d e g r e e s 0 9 m i n u t e s 5 0 s e c o n d s W e s t , a l o n g s a i d N o r t h l i n e o f C h e e k - S p a r g e r R o a d , a d i s t a n c e o f 26 3 . 5 0 f e e t t o a 5 / 8 i n c h i r o n r o d f o u n d , b e i n g t h e b e g i n n i n g o f a c u r v e t o t h e r i g h t w h o s e r a d i u s i s 7 9 3 . 5 0 f e e t a n d wh o s e l o n g c h o r d b e a r s S o u t h 8 8 d e g r e e s 0 9 m i n u t e s 5 0 s e c o n d s W e s t , 4 7 . 1 2 f e e t . TH E N C E : a l o n g s a i d c u r v e t o t h e r i g h t a n d a l o n g s a i d N o r t h l i n e o f C h e e k - S p a r g e r R o a d , t h r o u g h a c e n t r a l a n g l e o f 0 3 de g r e e s 2 4 m i n u t e s 0 9 s e c o n d s , a n a r c l e n g t h o f 4 7 . 1 2 f e e t t o a 5 / 8 i n c h i r o n r o d f o u n d , b e i n g t h e e n d o f s a i d c u r v e ; TH E N C E : S o u t h 8 9 d e g r e e s 3 0 m i n u t e s 2 3 s e c o n d s W e s t , a l o n g t h e s a i d N o r t h l i n e o f C h e e k - S p a r g e r R o a d , a d i s t a n c e of 1 2 7 . 1 3 f e e t t o t h e P o i n t o f B e g i n n i n g a n d c o n t a i n i n g 9 4 . 2 5 4 a c r e s o f w h i c h 5 . 9 0 7 a c r e s l i e s i n t h e H e r i t a g e A v e n u e ri g h t - o f - w a y e a s e m e n t , l e a v i n g 8 8 . 3 4 7 n e t a c r e s o f l a n d , m o r e o r l e s s . TR A C T I I I BE I N G a 2 . 7 6 7 a c r e t r a c t o f l a n d s i t u a t e d i n t h e J e s s e D o s s S u r v e y , A b s t r a c t N o . 4 4 1 a n d t h e J o h n H . Ha v e n s S u r v e y , A b s t r a c t N o . 6 8 5 a n d t h e S . C . H . W i t t e n S u r v e y , A b s t r a c t N o . 1 7 3 4 , C i t y o f Co l l e y v i l l e , T a r r a n t C o u n t y , T e x a s . S a i d 2 . 7 6 7 a c r e t r a c t o f l a n d b e i n g a p o r t i o n o f t h o s e c e r t a i n tr a c t s o f l a n d a s c o n v e y e d t o B . H a r r i n g t o n i n C a u s e N o . 9 0 4 3 5 , M i n u t e s o f D i s t r i c t C o u r t , 1 7 t h Ju d i c i a l D i s t r i c t , T a r r a n t C o u n t y , T e x a s , a s r e c o r d e d i n V o l u m e 6 8 4 6 , P a g e 1 2 1 1 , D e e d R e c o r d s , Ta r r a n t C o u n t y , T e x a s . T o g e t h e r w i t h a r e m a i n d e r p o r t i o n o f t h a t c e r t a i n t r a c t o f l a n d a s c o n v e y e d to B . H a r r i n g t o n a s 2 n d t r a c t , a s r e c o r d e d i n V o l u m e 1 1 1 9 , P a g e 1 6 5 , s a i d D e e d R e c o r d s . T o g e t h e r wi t h t h a t c e r t a i n t r a c t o f l a n d a s c o n v e y e d t o B r y a n t H a r r i n g t o n E s t a t e , a s r e c o r d e d i n V o l u m e 48 4 5 , P a g e 6 5 6 , s a i d D e e d R e c o r d s . T o g e t h e r w i t h a s t r i p o f l a n d l y i n g s o u t h o f a n d a d j a c e n t t o L o t 49 , B l o c k 6 , o f W o o d l a n d H i l l s , F i r s t F i l i n g , a n a d d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , Te x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n V o l u m e 3 8 8 - 1 6 6 , P a g e 4 4 , P l a t R e c o r d s , T a r r a n t C o u n t y , Te x a s . s a v e a n d a c c e p t t h a t p o r t i o n o f s a i d B r y a n t H a r r i n g t o n E s t a t e l y i n g w i t h i n t h e p l a t s o f Pr e s t w i c k P a r k , s a i d p r o p e r t y b e i n g t h a t t r a c t a w a r d e d t o J o h n H . M a t t h e w s i n C a u s e N o . 14 1 - 5 4 2 9 2 - 7 9 , M i n u t e s o f D i s t r i c t C o u r t , 1 4 1 s t J u d i c i a l D i s t r i c t , T a r r a n t C o u n t y , T e x a s , a s r e c o r d e d in V o l u m e 4 8 , P a g e 7 7 2 , D i s t r i c t C o u r t R e c o r d s ; S a i d 2 . 7 6 7 a c r e t r a c t b e i n g m o r e p a r t i c u l a r l y de s c r i b e d b y m e t e s a n d b o u n d s a s f o l l o w s : BE G I N N I N G a t a 5 / 8 i n c h i r o n r o d f o u n d , b e i n g i n t h e N o r t h l i n e o f C h e e k - S p a r g e r R o a d , a v a r i a b l e wi d t h p u b l i c r i g h t - o f - w a y . A l s o b e i n g t h e m o s t S o u t h e a s t c o r n e r o f t h a t c e r t a i n H e r i t a g e A v e n u e Ea s e m e n t , a 5 0 f o o t w i d e r i g h t - o f - w a y f o r C h e e k - S p a r g e r R o a d , n o w H e r i t a g e A v e n u e , a s r e c o r d e d in V o l u m e 2 , P a g e 1 2 5 o f t h e C o m m i s s i o n e r s C o u r t C l e r k R e c o r d s , T a r r a n t C o u n t y , T e x a s . B e i n g t h e be g i n n i n g o f a n o n t a n g e n t c u r v e t o t h e l e f t w h o s e r a d i u s i s 8 4 3 . 4 9 f e e t a n d w h o s e l o n g c h o r d be a r s N o r t h 3 3 d e g r e e s 1 3 m i n u t e s 5 4 s e c o n d s E a s t , 9 6 8 . 4 9 f e e t ; TH E N C E : a l o n g s a i d c u r v e t o t h e l e f t a n d a l o n g t h e E a s t r i g h t - o f - w a y l i n e o f s a i d H e r i t a g e A v e n u e , th r o u g h a c e n t r a l a n g l e o f 7 0 d e g r e e s 0 4 m i n u t e s 2 2 s e c o n d s , a n a r c l e n g t h o f 1 0 3 1 . 5 9 t o a 1 / 2 in c h i r o n r o d s e t , c a p p e d “ R D S , I N C ” , b e i n g i n t h e E a s t l i n e o f t h e s a i d H e r i t a g e A v e n u e E a s e m e n t , a r o a d w a y b e i n g u s e d b y t h e p u b l i c . , b e i n g t h e e n d o f s a i d c u r v e . S a i d i r o n r o d b e i n g i n t h e E a s t l i n e of t h e s a i d B r y a n t H a r r i n g t o n T r a c t , a l s o b e i n g i n t h e W e s t l i n e o f t h a t c e r t a i n t r a c t o f l a n d a s co n v e y e d t o D a v i d M . G l e n n , a s r e c o r d e d i n V o l u m e 1 4 6 4 9 , P a g e 2 9 8 , s a i d D e e d R e c o r d s ; TH E N C E : S o u t h 0 1 d e g r e e s 4 9 m i n u t e s 5 0 s e c o n d s E a s t , a l o n g s a i d E a s t l i n e o f B r y n a t H a r r i n g t o n Tr a c t , a d i s t a n c e o f 8 0 9 . 4 0 f e e t t o a 1 / 2 i n c h i r o n r o d s e t , c a p p e d “ R D S , I N C ” , b e i n g i n t h e oc c u p i e d N o r t h l i n e o f t h e s a i d C h e e k - S p a r g e r R o a d , a l s o b e i n g t h e b e i n g t h e b e g i n n i n g o f a n o n ta n g e n t c u r v e t o t h e l e f t w h o s e r a d i u s i s 1 0 5 8 . 6 3 f e e t a n d w h o s e l o n g c h o r d b e a r s N o r t h 8 6 de g r e e s 4 0 m i n u t e s 0 2 s e c o n d s W e s t , 1 9 6 . 4 4 f e e t ; TH E N C E : a l o n g s a i d c u r v e t o t h e l e f t a n d a l o n g t h e s a i d N o r t h l i n e o f C h e e k - S p a r g e r R o a d t h r o u g h a c e n t r a l a n g l e o f 1 0 d e g r e e s 3 8 m i n u t e s 5 0 s e c o n d s , a n a r c l e n g t h o f 1 9 6 . 7 2 f e e t t o a 1 / 2 i n c h ir o n r o d s e t , c a p p e d “ R D S , I N C ” , b e i n g t h e e n d o f s a i d c u r v e i n t h e N o r t h l i n e o f s a i d C h e e k - S p a r g e r Ro a d ; TH E N C E : S o u t h 8 7 d e g r e e s 5 6 m i n u t e s 4 7 s e c o n d s W e s t , a l o n g t h e s a i d N o r t h l i n e o f Ch e e k - S p a r g e r R o a d , a d i s t a n c e o f 3 6 0 . 7 2 f e e t t o t h e P o i n t o f B e g i n n i n g a n d c o n t a i n i n g 2 . 7 6 7 a c r e s of l a n d , m o r e o r l e s s . Owners:Terra Manna, LLC 395 W SH 114, Suite 300 Southlake, Texas 76092 Creekside Colleyville Investments LLC 395 W SH 114, Suite 300 Southlake, Texas 76092 Standard Pacific of Texas, Inc.909 Lake Carolyn Parkway, Suite 1700 Irving, Texas 75039 Henley USA LLC 11100 Main Street, Suite 100 Bellevue, Washington 98004 Surveyor:Ronald D. Smith Surveyor, Inc.P.O. Box 1679 Forney, Texas 75126 972-564-9840Applicant:Terra/Manna, LLC 395 W SH 114, Suite 300 Southlake, Texas 76092 Contact: Paul Spain HERITAGE AVENUE RIGHT-OF-WAY:EX. R.O.W. ESMT. = 4.64 AC PROP. R.O.W. DEDICATION = 3.65 AC TOTAL R.O.W. PROVIDED = 8.29 AC TR A C T I I A t r a c t o f l a n d o u t o f t h e J o h n H . H a v e n s S u r v e y , A b s t r a c t N o . 6 8 5 a n d t h e E l i z a b e t h C o x S u r v e y , A b s t r a c t N o . 3 5 2 , C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , Te x a s , b e i n g a l l o f t h a t t r a c t c o n v e y e d t o S a m u e l M a s o n H a r r i n g t o n b y S p e c i a l W a r r a n t y D e e d r e c o r d e d i n V o l u m e 7 3 7 0 , P a g e 1 6 9 , De e d R e c o r d s , Ta r r a n t C o u n t y , T e x a s , b e i n g a l l o f t h a t t r a c t c o n v e y e d t o R a n d y G . P e t t y a n d w i f e , C a r o l S . P e t t y b y W a r r a n t y D e e d r e c o r d e d i n V o l u m e 1 1 0 4 9 , P a g e 57 5 , D e e d R e c o r d s , T a r r a n t C o u n t y , T e x a s , b e i n g a l l o f t h o s e c e r t a i n t r a c t s o f l a n d d e s c r i b e d i n d e e d t o M a r i t h a B u r t o n r e c o r d e d i n V o l u m e 1 5 3 3 6 , P a g e 13 0 a n d V o l u m e 1 5 3 3 6 , P a g e 1 3 1 o f t h e D e e d R e c o r d s o f T a r r a n t C o u n t y , T e x a s ; Sa v e a n d E x c e p t t h a t p o r t i o n c o n v e y e d t o t h e C i t y o f C o l l e y v i l l e a s d e s c r i b e d i n R i g h t - o f - W a y d e e d f i l e d M a r c h 2 4 , 2 0 0 6 , r e c o r d ed u n d e r C l e r k s F i l e N o , D2 0 6 0 8 5 7 2 9 , R e a l P r o p e r t y R e c o r d s , T a r r a n t C o u n t y T e x a s ; Sa v e a n d E x c e p t t h a t p o r t i o n t h e r e o f c o n v e y e d t o t h e C i t y o f C o l l e y v i l l e b y t h o s e R i g h t - o f - W a y D e e d s r e c o r d e d i n V o l u m e 1 2 4 2 8 , Pa g e 1 2 7 5 , a n d a t Cl e r k ' s F i l e N o . D 2 0 6 0 7 2 0 6 3 , R e a l P r o p e r t y R e c o r d s , T a r r a n t C o u n t y T e x a s , s a i d r e m a i n i n g t r a c t b e i n g m o r e p a r t i c u l a r l y d e s c r i b e d b y m e t e s a n d b o u n d s as f o l l o w s : BE G I N N I N G a t a f o u n d 1 / 2 " s t e e l r o d a t t h e s o u t h e a s t c o r n e r o f s a i d H a r r i n g t o n t r a c t , s a i d p o i n t a l s o b e i n g i n t h e w e s t r i g h t - o f- w a y l i n e o f H e r i t a g e Av e n u e , a p u b l i c s t r e e t w i t h a v a r i a b l e w i d t h ( g e n e r a l l y 5 0 f e e t w i d e a s s e t o u t i n t h a t r i g h t - o f - w a y e a s e m e n t i n t h e C o m m i s s i o n e r ' s C o u r t C l e r k R e c o r d s of T a r r a n t C o u n t y , T e x a s , b e i n g r e c o r d e d i n V o l u m e 2 , P a g e 1 2 5 t h e r e o f ) , a n d i n t h e n o r t h l i n e o f t h a t t r a c t c o n v e y e d t o t h e B r ya n t H a r r i n g t o n E s t a t e , by d e e d r e c o d e d i n V o l u m e 4 8 4 5 , P a g e 6 5 6 , o f s a i d D e e d R e c o r d s ; TH E N C E N o r t h 8 9 ° 5 5 ' 5 8 ” W e s t a l o n g t h e c o m m o n l i n e o f s a i d H a r r i n g t o n a n d H a r r i n g t o n E s t a t e t r a c t s , 8 5 7 . 9 2 f e e t t o a f o u n d 1 / 2 " s t e e l r o d a t t h e e l l co r n e r i n t h e e a s t l i n e o f L o t 1 4 , B l o c k 2 , P r e s t w i c k P a r k , a n A d d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s , a c c o rd i n g t o t h e p l a t r e c o r d e d i n Ca b i n e t A , S l i d e 1 6 5 , P l a t R e c o r d s , T a r r a n t C o u n t y , T e x a s ; TH E N C E S o u t h 8 9 ° 5 4 ' 4 6 ” W e s t a l o n g e a s t l i n e o f s a i d B l o c k 1 , P r e s t w i c k P a r k , 2 . 4 2 f e e t t o a f o u n d 1 / 2 " s t e e l r o d a t a n o t h e r e l l c o r n e r ; TH E N C E N o r t h 0 0 ° 0 1 ' 1 4 ” W e s t a l o n g t h e e a s t l i n e o f s a i d B l o c k 2 , P r e s t w i c k P a r k , 5 8 3 . 2 5 f e e t t o a f o u n d 5 / 8 ” s t e e l r o d a t t h e s o u t h w e s t c o r n e r o f L o t 1 , bl o c k 1 , S t . M a r y ' s A d d i t i o n , a n A d d i t i o n t o t h e C i t y o f C o l l e y v i l l e , T a r r a n t C o u n t y , T e x a s , a c c o r d i n g t o t h e p l a t r e c o r d e d i n C a b i n e t A , S l i d e 3 5 8 6 , o f s a i d Pl a t R e c o r d s ; TH E N C E N o r t h 8 8 ° 5 5 ' 2 7 ” E a s t a l o n g t h e s o u t h l i n e o f s a i d B l o c k 1 , S t . M a r y ' s A d d i t i o n , 3 4 7 . 7 1 f e e t t o a f o u n d 5 / 8 ” s t e e l r o d a t t h e s o u t h e a s t c o r n e r o f Lo t 2 o f s a i d B l o c k 1 ; TH E N C E N o r t h 0 0 ° 3 2 ' 4 5 ” W e s t a l o n g t h e e a s t l i n e o f L o t 2 o f s a i d B l o c k 1 , 1 8 6 . 7 0 f e e t t o a f o u n d 1 / 2 ” s t e e l r o d i n t h e s o u t h r i gh t - o f - w a y o f G l a d e R o a d , a p u b l i c s t r e e t w i t h a v a r i a b l e w i d t h , a n d a t t h e s o u t h w e s t c o r n e r o f t h a t t r a c t d e s c r i b e d i n t h e R i g h t - o f - W a y D e e d r e c o r d e d a t C l e r k ' s F i l e N o . D2 0 6 0 7 2 0 6 3 , o f s a i d D e e d R e c o r d s ; TH E N C E S o u t h 8 8 ° 0 9 ' 2 5 ” E a s t a l o n g t h e s o u t h r i g h t - o f - w a y l i n e o f s a i d G l a d e R o a d , 9 5 . 7 9 f e e t t o a f o u n d 1 / 2 " s t e e l r o d a t t h e s o u t h e a s t c o r n e r o f s a i d Ri g h t - o f - W a y t r a c t , a n d i n t h e w e s t l i n e o f t h a t t r a c t c o n v e y e d t o M a r i t h a B u r t o n b y S p e c i a l W a r r a n t y D e e d r e c o r d e d i n V o l u m e 1 53 3 6 , P a g e 1 3 0 , o f sa i d D e e d R e c o r d s ; TH E N C E a l o n g s o u t h r i g h t - o f - w a y l i n e o f G l a d e R o a d t h e f o l l o w i n g f o u r c a l l s : So u t h 8 8 ° 0 9 ' 4 6 ” E a s t , 2 6 8 . 4 0 f e e t t o a f o u n d ½ ” s t e e l r o d a t t h e b e g i n n i n g o f a c u r v e t o t h e r i g h t w h o s e r a d i u s b e a r s S o u t h 0 1 ° 50 ' 3 5 ” W e s t , 90 7 . 9 3 f e e t ; Al o n g s a i d c u r v e t o t h e r i g h t t h r o u g h a c e n t r a l a n g l e o f 1 1 ° 4 7 ' 3 8 ” , a n a r c l e n g t h o f 1 8 6 . 8 9 f e e t ( l o n g c h o r d b e a r s S o u t h 8 2 ° 1 5 ' 3 6” E a s t , 1 8 6 . 5 6 fe e t ) t o a f o u n d ½ ” s t e e l r o d a t t h e e n d o f t h i s c u r v e ; So u t h 7 6 ° 2 1 ' 4 7 ” E a s t , 9 7 . 7 0 f e e t t o a f o u n d ½ ” s t e e l r o d ; So u t h 2 7 ° 5 9 ' 5 4 ” E a s t , 7 . 7 5 f e e t t o a f o u n d ½ ” s t e e l r o d a t t h e i n t e r s e c t i o n o f t h e s o u t h r i g h t - o f - w a y o f s a i d G l a d e R o a d w i t h t he w e s t r i g h t - o f - w a y li n e o f s a i d H e r i t a g e A v e n u e . TH E N C E S o u t h 1 1 ° 0 3 ' 3 4 ” W e s t a l o n g t h e w e s t r i g h t - o f - w a y o f l i n e o f s a i d H e r i t a g e A v e n u e , 7 7 . 5 5 f e e t t o a f o u n d ½ ” s t e e l r o d a t t h e s o u t h e a s t c o r n e r o f sa i d B u r t o n T r a c t ; TH E N C E S o u t h 1 3 ° 3 3 ' 5 6 ” W e s t a l o n g s a i d w e s t r i g h t - o f - w a y l i n e , 2 1 1 . 5 7 f e e t t o a f o u n d 1 / 2 " s t e e l r o d a t t h e n o r t h e a s t c o r n e r o f s a i d P e t t y t r a c t ; TH E N C E S o u t h 1 0 ° 1 4 ' 2 8 ” W e s t , c o n t i n u i n g a l o n g s a i d w e s t r i g h t - o f - w a y l i n e a n d a l o n g t h e e a s t l i n e o f s a i d P e t t y t r a c t , 1 5 0 . 8 6 f ee t t o a f o u n d 1 / 2 " s t e e l ro d ; TH E N C E S o u t h 1 1 ° 0 7 ' 3 2 ” W e s t , c o n t i n u i n g a l o n g s a i d w e s t r i g h t - o f - w a y l i n e a n d a l o n g t h e e a s t l i n e o f s a i d P e t t y t r a c t , 9 1 . 4 3 f e e t t o a f o u n d 1 / 2 ” s t e e l ro d i n s a i d w e s t r i g h t - o f - w a y a t t h e s o u t h e a s t c o r n e r o f s a i d P e t t y t r a c t ; TH E N C E S o u t h 0 7 ° 0 6 ' 4 3 ” W e s t ( B a s i s o f B e a r i n g s ) a l o n g s a i d w e s t r i g h t - o f - w a y l i n e , 1 9 2 . 3 0 f e e t t o t h e P o i n t o f B e g i n n i n g , a n d c on t a i n i n g 1 4 . 7 5 5 a c r e s (6 4 2 , 7 3 1 s q u a r e f e e t ) o f l a n d , m o r e o r l e s s . Pr e l i m i n a r y P l a t Trail Overview Exhibit 1998 2013 2011 2005 Adoption of 2005 Colleyville Pathways Plan Resolution R-05-2609 Adoption of 2011 Parks, Recreation and Open Space Master Plan Resolution R-11-3433 Adoption of Colleyville Pathways Resolution R-98-1414 Trail 24 Heritage Trail Trail 26 E. Little Bear II Trail 25 Woodland Hills Trail Extension Creekside PUD-R Ordinance O-13-1899 Trail 24 Heritage Trail Trail 26 E. Little Bear Creek Extension Trail 25 Woodland Hills Extension Trail 26 Heritage Trail Trail 28 E. Little Bear Creek Extension Trail 27 Woodland Hills Extension Trail 29 Little Bear Creek—Far East Trail 26 Heritage Trail Trail 28 E. Little Bear Creek Extension Trail 27 Woodland Hills Extension Trail 29 Little Bear Creek—Far East This exhibit was prepared as a visual aid. The scale and alignment of trails does not reflect survey grade data. RESOLUTION R-15-3868 A RESOLUTION APPROVING A FINAL PLAT FOR CREEKSIDE AT COLLEYVILLE PHASE FIVE WHEREAS, the Planning and Zoning Commission recommended approval of the final plat for Creekside at Colleyville Phase Five Addition on March 23, 2015. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the final plat for Creekside at Colleyville Phase Five, attached as Exhibit “A” – Plat Exhibit, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS THE 21ST DAY OF APRIL 2015. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor VICINITY MAPHWY. 121 GLADE RD.HALL JOHNSON RD.CHEEK SPARGER RD.POOL RD.JACKSON RD.MARTINCITIES W MID BLVD.121 157PKWY.Owner/Applicant:Creekside at Colleyville Homeowners Association, Inc.c/o Terra Land Management, Inc.395 W. Northwest Parkway, Suite 300 Southlake, Texas 76092 817-410-9201FINAL PLAT CREEKSIDE AT COLLEYVILLE PHASE FIVE 31.301 acres in the JESSE DOSS SURVEY, A-441 41 Single Family Lots and 2 Open Space Lots CITY OF COLLEYVILLE TARRANT COUNTY, TEXAS 16 April 2015<CM>1" = 60'SHEET 1 OF 2 Engineer/Surveyor: J. Volk Consulting, Inc.800 E. Campbell Rd., Suite 120 Richardson, Texas 75081 972-201-3100GEHERITAAVE. Ci t y C o u n c i l A p p r o v a l WH E R E A S T h e C i t y C o u n c i l o f t h e C i t y o f C o l l e y v i l l e , T e x a s v o t e d a f f i r m a t i v e l y o n t h i s _ _ _ _ _ d a y o f __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ , t o a p p r o v e t h i s P l a t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ma y o r , C i t y o f C o l l e y v i l l e __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ At t e s t : C i t y S e c r e t a r y Pl a n n i n g a n d Z o n i n g C o m m i s s i o n A p p r o v a l WH E R E A S T h e P l a n n i n g a n d Z o n i n g C o m m i s s i o n o f t h e C i t y o f C o l l e y v i l l e , T e x a s v o t e d a f f i r m a t i v e l y o n t h i s _ _ _ _ _ d a y of _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ , 2 0 _ _ _ _ , t o a p p r o v e t h i s P l a t . __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Ch a i r m a n , P l a n n i n g a n d Z o n i n g C o m m i s s i o n __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ At t e s t : S e c r e t a r y , P l a n n i n g a n d Z o n i n g C o m m i s s i o n Owner/Applicant:M/I Homes Of DFW, LLC 405 State Highway 121, Suite A-210 Lewisville, TX 75067 972-315-6440 Ex h i b i t "A " 16 April 2015 1" = 60'SHEET 2 OF 2City Council Approval WHEREAS The City Council of the City of Colleyville, Texas voted affirmatively on this _____ day of ____________________________________, 20____, to approve this Plat.________________________________Mayor, City of Colleyville ________________________________Attest: City Secretary Engineer/Surveyor: J. Volk Consulting, Inc.800 E. Campbell Rd., Suite 120 Richardson, Texas 75081 972-201-3100VICINITY MAPHWY. 121 GLADE RD.HALL JOHNSON RD.CHEEK SPARGER RD.POOL RD.JACKSON RD.MARTINCITIES W MID BLVD.121 157PKWY.GE HERITAAVE.FINAL PLAT CREEKSIDE AT COLLEYVILLE PHASE FIVE 31.301 acres in the JESSE DOSS SURVEY, A-441 41 Single Family Lots and 2 Open Space Lots CITY OF COLLEYVILLE TARRANT COUNTY, TEXAS “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ”“ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ” “ ”“ ” Owner/Applicant:Creekside at Colleyville Homeowners Association, Inc.c/o Terra Land Management, Inc.395 W. Northwest Parkway, Suite 300 Southlake, Texas 76092 817-410-9201Owner/Applicant:M/I Homes Of DFW, LLC 405 State Highway 121, Suite A-210 Lewisville, TX 75067 972-315-6440 Ex h i b i t "A " SPEAKER CARD Date: � Agenda Item Number: ��— Item must be completed! For example: 5a (this can he found on the far /eft side of the aaenda copv) ,� I will speak In Support of this item, I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: _ ��f�� v�55tv�vN ��ct�� City: Ct��tv��L I understand I am limited to speaking for rve minutes. Fo� agenda items not listed on the agenda as a Pub/ic Hearing, City Counci/ cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Signed: a Public Record Date: �% '�� `-�� Agenda Item Number: For example: 5a this � I will speak In Sup I do nat wish to Name: Address: � SPEAKER CARD .-- Item must be completed! '�'" /' / I will speak In Opposition to this item. but please record my: support opposition City: -(/L��-/ I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Pub/ic Hearing, City Council cannot �espond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code. This inc/udes persons speaking under the Citizan's Comments section of the agenda. Signed:� ��%��%a ��'� This information is a Public Record SPEAKER CARD Date: 2 Agenda te Number: ��—Item must be completed! For example: 5a (this can be found on the far left side of the agenda copv) I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: � U�X� M('� P�G1-�� I-,�rl�.- �ity; ��/ L� C� I understand I am /imited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hea�ing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code. This includes persons speaking under the f,�itizen's Comments section of the agenda. Signed: \ %1 tis�� This information is a Public Record SPEAKER CARD Date: � �/ �' s Agenda Item Number: ��-C� �— Item must be completed! For example: 5a (this can be found on the far /eft side of the a4enda copyl __ i� I will speak In Support of this item. � will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: ..%h��!�� Address: y��% G..�C�j/1G ,Vl� City: ��C'JI/L��C� I understand I am /imited to speaking for �ve minutes. Fo� agenda items not listed on the agenda as a Pub/ic Hearing, City Council cannot respond to speakers in acco�dance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Citize� Cpmments section of the agenda, Signed: i�''�fGL�Z��'�� This informaEion is a Public Record SPEAKER CARD � �/ ��`� Date: -��2— Agenda Item Number: _�_�— Item must be completed! For example: Y-�c�/v�itrn Z- I will speak In Support of this item. s}`y I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: Address: :��=1 ��,g/%/,rl-GU�� ' City: I understand I am limited to speaking for �ve minutes. For agenda items not listed on the agenda as a Public Hea�ing, City Counci/ cannot respond to speakers in acco�dance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citize�',��tjo,mme�nt� s�ction of the agenda. Signed:_ � / /, �41/�--LiQ,!l/(/.f"/Ld )��-- �/" This information is a Public Record SPEAKER CARD Date: � � Agenda item Number: ��—Item must be completed! For example: 5a this can be found on the far left side of the a enda co Cc -�ize�l Cd�� l _� r� aYt ��y�� u��-�.�v,. -�-� r�l�te� �(� �, � I will speak In Support of this item. I will speak In Opposition to this item. Vla1e� I do not wish to speak, but please record my: support opposition Name: 1(A-� l 0. �/�-�(—� Address: �k��G��_W�Z7'(� Lr/ 1 City:�1XX� w �;��' I understand I am limited to speaking for �ve minutes. For agenda ifems not listed on the agenda as a Public Hearing, City Council cannot respond ro speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code, This includes persons speaking under the Citizen's Comments section of the agenda, Signed: This information is a Public Record � SPEAKER CARD Date: � Z i /� � Agenda item Number: l'� �— Item must be completed! For example: 5a (this can be found on the far /eft side of the agenda copv) � ,I►ETiT:�I I wili speak In Support of this item. ' I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition � Address: �� /'��L'c�s Cit Y� I understand I am /imited to speaking for �ve minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking under the Citiz�e��Comments section of the agenda, Signed This information is a Public Record SPEAKER CARD Date: a-/ Agenda Item Number: __��—Item must be completed! For example: 5a (this can be found on the far left side of the agenda copv) I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: `v � 1" � �t� Address: �3� �C��"� ��`� City: C o � blG�P I understand I am limited to speaking for �ve minutes, For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in acco�dance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Govemment Code. This includes persons speaking under the Citizen;s Comments section of the agenda. Signed: This in�t►)ation is a Pub/ic Record SPEAKER CARD Date: �- � Agenda Item Number: ��— Item must be completed! For example: 5a [this can be found on the far left side of the aoenda copv) __�� I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: )U,�G 1� �/� 1/� � , Address: _ �� 'UQVt��^U V/r'' City: �_� , ` I understand I am limited to speaking for Fve minutes. For agenda items not listed on the agenda as a Pub/ic Hearing, City Counci/ cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Cfomment�3yection of the agenda. Signed: , �yJ��_�✓" �` This information is a Public Record SPEAKER CARD Date: ��•�-�, �� Agenda Item Number: �{'C� .— Item must be completed! For example: 5a (this can be found on the far /eft side of the aaenda copv) �/ I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: L � I Z�'� ��''��"�1 ��'S��'��r' � 0 �� Address: �f�-^� � �� i �v� �1� ��Z��lL1.�� '� I � � City: �� ; � �� I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda as a Public Hearing, City Council cannot respond to speakers in acco�dance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This inc/udes persons speaking under the Citizen's Comments section of the agenda. C, � �� 7 � Signed: � � �� ,v��l;�'� �,'�iQ.,��w;;-i�� This information is a Public Record SPEAKER CARD Date: '�� " �� Agenda item Number: .-- Item must be completed! For e am e: 5a (this can be found on the far /eft side of the aaenda conv) ��I w I s eak In Support of this item. I will speak In Opposition to this item. do not wish to speak, but please record my: support opposition Name: Address: City: I understand I am /imited to speaking for five minutes. For agenda item's�iot listed on the agenda as a Public Hea�ing, City Counci/ cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Sig is a Pub/ic Record SPEAKER CARD Date: �' 21 � S� Agenda Item Number: ��— Item must be completed! For example: 5a [this can be found on the far left side of the agenda covv) ��II speak In Support of this item. I will speak In Opposition to this item. I�o- ot wish to speak, but piease record my: support opposition � \ \ Name: �\�1=X ��.C�- o � Address: '–i�l Izi �i�h�L��P.�I�U� �I<K City: l'� �4 I understand I am limited to speaking for fve minutes. For agenda items not /isted on the agenda as a Py hlic'Hearin ity Council c ot respond to speakers in accordance with the Texas Open Megrngs Law, C ter 551 of the e as Loca/ G9vernment Code. This includes persons speaking unG�er the Citiz 's Comments sec� of the agen�a. Signed: �! z c C1�wocJ Q-- This informatiA ��s a Public Record r— U I :�-!--� �,� �� VZ �z � � �t � � I�� J h� �� c� �� il� C � �� r� .e.� 7� I_� i Date:� -� � � Agenda Item Number: SPEAKER CARD .— Item must be completed! For example: 5a (this can' be found on the far /eff side of the aaen[ia covvl " I will speak In Support of this item. I will speak In Opposition to this item. wish to speak, but please record my: support opposition ., n ,. Name: Address: ��7/.� JY�c_ n/o'// City:��%�� I unde�stand I am limited to speaking for fve minutes, For agenda items not l�sted on the agenda as a Pu6/ic Hearing, City Counci/ cannot �espond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. i R Signed:/ Urii�vt�'.V P .C�(�LGC.� This information is a Public Record SPEAKER CARD Date: `G � � %U� Agenda Item Number: �.-- Item must be completed! For example: 5a (this can be found on the far /eft side of the agenda conv) I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: � �P�'/s ��, Address: 0 L � L�w� a,n, � �� i�i� City: ��- Y• � C. I understand I am li� as a Pub/ic Hearing, Meetings Law, Chapl under the Citizen's G Signed: � speaking for five minutes. For agenda items n t listed on the agenda �uncil cannot �espond to speakers in accordance with the Texas Open of jhe Texas Loca/ Government Code. This includes persons speaking s,s¢ction of the agenda. This information is a Public Record Date� �I�� Agenda Item Number: For example: 5a this Name: SPEAKER CARD .-- Item must be completed! I will speak In Support of this item. I will speak In Opposition to this item. I do,not wish to speak, Address: please record my P �P _ support City opposition � I understand I am limited to speaking for Fve minutes. For agenda items not /isted on the agenda as a Pub/ic Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code, This inc/udes persons speaking under the Citizep's Comments,s,�ction of,the agenda. Signed: is a Public Record SPEAKER CARD Date: � 1I Agenda item Number: ��— Item must be completed! For example: 5a (this can be found on the far /eft side of the aaenda copv) C�Pr'ravz� C�n�a�,�5 I will speak In Support of this item. I wili speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: �GfV�O� Ir1e01�1� Address:_ ��lJ� V"1�✓�ii`TUJ1�C, /;U�" City: Cd��m�✓i��.. �� I understand I am limited to speaking for Fve minutes, Fo� agenda items not listed on the agenda as a Public Hea�ing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 55I of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Signed: This information is a Public Record SPEAKER CARD Date: `i v��J/� Agenda Item Number: ��— Item must be completed! For example: 5a (this can be found on the far /eft side of the aaenda conv) f� .F1i�T�l I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition / i!>�/.i�l4� c��r>��S�i / X`�D��•C�� Address: /y��Grv�^y `y<��re c%,/ City: /._'�/��d��- I understand I am /imited to speaking for five minutes, For agenda items not listed on the agenda as a Pub/ic Hearing, City Counci/ cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapte� 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of th�agenda. Signed: /�-�x"'` his information is a Public Record SPEAKER CARD Date: �'i��-�'�S � Agenda Item Number:'�- 1.— Item must be completed! For example: 5a (this can be found on the far /eft side of the a4enda conv) I will speak In Support of this item. '�I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: ��Zfk (�� EITLIN Address: ��aD %l,� 1�i�1, City: �:Ol.�� V l(�� I understand I am limited to speaking for fve minutes, For agenda items not /isted on the agenda as a Pub/ic Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code, This includes persons speaking under the City�en's Comments section of the agenda. Signed: information is a Pub/ic Record SPEAKER CARD Date: ��?i �/� / �� Agenda Item Number: � f— Item must be completed! For exampie: 5a_ (this can be found on the far /eft side of the aAenda copv) �I will speak In Support of this item. -�� I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: IVC� 1-a ��`l° �t�i110 Address: 1C�'y Jr��'!✓1 ��Ci� �`-C� City: l'� /(lF,b% J�/ /� I understand I am /imited to speaking for fve minutes. For agenda items not listed on the agenda as a Pu6/ic Hearing, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code. This includes persons speaking under the Citizen's Comments section of the agenda, Signed: This information is a Public Record SPEAKER CARD Date: `" Z�'�� Agenda Item Number: �_ �— Item must be completed! For example: 5a (this can be found on the far /eft side of the aaenda conv) V I will speak In Support of this item. I wili speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Name: /V Gs � �aC c�yL� Address: I/G�/�%fJ�1h �C/iiih ��l' City: (�t�G��--� I understand I am limited to speaking for Fve minutes, For agenda items not /isted on the agenda as a Pub/ic Hearing, City Counci/ cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking under the Citizen's Comments section of the agenda. Signed: " v This information is a Pub/ic Record Date: ��/� ��`� Agenda Item Number: For example: 5a this Name: SPEAKER CARD �— Item must be completed! I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak„ but please record my: sup ort opposition ///� % / �� .�% /� /fi-1�//L� l� i ��r-� /n ur-t�'1 Address: City; � „ � I understand I m limited to speaking for �ve minutes. For agenda items not /isted on the agenda as a Public He ring, City Council cannot respond to speakers in accordance with the Texas Open Meetings Law� Chapter 551 of the Texas Local Government Code. This includes persons speaking unde� the Citizen's Comments s�,ction of the agenda. Signed: is a Public Record I live on Glade Rd. near Riverwalk (the house the city didn't tear down but probably wish they could). I love being close to the center of town but I have to say, Glade Rd. is a scary road to live on and it has been for a long time. My family moved to Colleyville in 1986 and we lived on Montclair Dr. We had a large two acre field behind us where I tried to drive my parents Chevy Nova. There were cows and horses on one side and goats on the other. I still remember the goats milk our parents tried to get us to use with our breakfast cereal. Now, there is a water fountain where my house used to be. I am telling this because even back in 1986, Glade Rd. was a dangerous road. I remember trying to do door-to-door fundraising for the CMS band and wanting to visit the homes on Glade Rd just west of Montclair but my parents telling me it was too dangerous a road to walk on or even stop the car on. I remember trying to ride my bike down to the Sonic near Grapevine Hwy and Glade {no longer there anymore). I tried it once but valued my life too much to attempt it again. Even after we moved to NRH, we continued to use Glade Rd. as our main route to go to the airport. It was a busy road back then. Now, I am back in Colleyville and love this city. Just last year, I convinced my brother moving back from Oregon to choose Colleyville to raise his family in. I love being so close to Riverwalk and walk it often to the Market Street area. Riverwalk is gorgeous. It feels safe. BUT, just leaving my house to cross Glade can sometimes deter me from going. The traffic coming down from the hill off Bluebonnet just flies past my house. I feel more comfortable with my son crossing Grapevine Hwy coming from CMS than crossing Glade. My mailbox is across the street. If I don't time it right, I can't get my mail without waiting until I am coming home in my car, drive into the salon parking lot across the street, get my mail, and use my minivan as a shield to then cross Glade to get home. Drastic, maybe, but you come try it! In fact, many, many do. Joggers, bikers, families with strollers, etc. use my driveway/front yard to get closer to Riverwalk (since there are no sidewalk on my side) coming from the Sparger Park area. We have even had horses go through our yard. 1 love that about where I live! But, I always cringe at their battle with the traffic to cross Glade. Glade and Riverwalk are not the only traffic concerns that plague Glade. It would be a great road to walk or bike down if it was done properly. I am sure there are people, like me (or 6th grade me), that would use it more often to visit Colleyville businesses if they felt safer on it. I know there are plans in place. For me, as a Glade Rd. resident, curbs would be wonderful. I still have giant ruts in my front yard from cars veering into my yard. Proper drainage would be great so I don't have a lake in my front yard. The round-a-bout at Riverwalk would help so much slow the traffic down from the hill but even more, making a clear crossing area to Riverwalk for all the steady stream of residents I see out my window would be great. (either at Garry Lynne or at Riverwalk). I think the larger sidewalks, better drainage, turn lanes, curbs, etc. is the right direction for the road. It IS A BUSY ROAD. It was 30 years ago. It will just get busier. It begins and ends on Precinct Ln. and a giant international airport! We are not in the country and trying to make it a country road is dangerous. Why put in so much money and disrupt so many residents lives with construction for a job halfway done that we would just have to redo not long after with more money and time/frustration wasted. It needed this make over 30 YEARS ago. Do it right the first time! And this business about ditches saving lives verses sidewalks.....how many pedestrians have been killed on the Hall Johnson sidewalks? Come on, guys! That is a stretching argument. I think a curb would adjust someone coming into my yard much quicker than a ditch. I am sad about loosing some trees but if that is the sacrifice that has to be made to FINALLY do something about this road, I think it is worth it. Glade Rd. does not solely define the charm of Colleyville. The residents do and it is up to us to make this city the best it can be for everyone to enjoy it for a long time. I've waited for almost 30 years to fully enjoy Glade Rd. LeYs finally do it right. Sincerely, Molly Wood (1205 Glade Rd.) City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 04/21/2015 Type Report Department City Secretary Title Zoning Board of Adjustment Meeting Minutes - February 24, 2015 Attachments 1.Zoning Board of Adjustment Meeting Minutes - February 24, 2015 City of Colleyville Zoning Board of Adjustment Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, February 24, 2015 City Council Chambers Call to Order The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Board member McNosky on February 24, 2015 at 7:00 p.m. Roll Call Present: Board members Jason Elms, Dee Kamerman (Alternate 2), Mark Collier, Judson Orlando, Larry Kainer (Alternate 1), Mike Leathers, and Dee McNosky Staff Present: Patia Boomsma and Taci Wrisley 1.APPROVAL OF MINUTES Board member Elms made a motion to approve the minutes as written. Board member Collier seconded. The motion to approve the minutes as written carried by the following vote: Aye: 7 – Elms, Kamerman, Collier, Orlando, Kainer, Leathers, and McNosky 2.PUBLIC HEARING AGENDA ITEMS 2a Request for a variance allowing encroachment into the required front yard setback on Lot 8, Block 3, of the Highland Acres Addition, located at 205 Timberline Drive South, Case VC15-001 Patia Boomsma presented the case and briefed the Board. The public hearing was opened at 7:05 p.m. David Swaim, the property owner and applicant, came forward and briefed the Board. Board member Elms questioned Mr. Swaim regarding the purpose of the proposed addition. Mr. Swaim explained the front door no longer City of Colleyville Page 1 Zoning Board of Adjustment Minutes February 24, 2015 opened properly and was a safety issue. Board member Leathers questioned Mr. Swaim regarding the total distance from the front of the house. Mr. Swaim replied five feet (5’). Board member Kamerman questioned Mr. Swaim regarding if the structure would look any different than how it currently looks if you were to drive by and look at it. Mr. Swaim replied no, the structure is almost complete and will not be any larger than what it is currently. He further explained construction had already begun on the structure due to a miscommunication with his contractor. Floyd Swaim, Sr., 204 Timberline Drive South, came forward and spoke in support of the case. Mark Singletary, 209 Timberline Drive South, came forward and spoke in support of the case. Rhonda Hunt, 208 Timberline Drive South, came forward and spoke in support of the case. Board member Kainer questioned staff regarding whether there were any other issues other than the front setback that would prevent the applicant from constructing the proposed addition. Patia Boomsma replied other than needing a permit, no. Board member Collier questioned staff regarding the difference in setbacks for properties along the same street. Patia Boomsma explained the properties were platted at different times. Board member Orlando questioned staff regarding why there was a ten foot (10’) setback from the street. Patia Boomsma replied that is where the property line starts due to city right-of-way. Connie Singletary, 209 Timberline Drive South, wished to record her support but did not wish to speak. There being no one else wishing to speak, the public hearing was closed at 7:14 p.m. The public hearing was reopened at 7:16 p.m. Ron Burton, 129 Timberline Drive South, came forward and spoke in support of the case. City of Colleyville Page 2 Zoning Board of Adjustment Minutes February 24, 2015 There being no one else wishing to speak, the public hearing was closed at 7:17 p.m. Discussion occurred regarding the variation in front setbacks along Timberline Drive South. Board member Kainer made a motion to approve Case VC15- 001. Board member Leathers seconded. The motion to approve Case VC15-001 carried by the following vote: Aye: 7 – Elms, Kamerman, Collier, Orlando, Kainer, Leathers, and McNosky 3.ADJOURNMENT The meeting adjourned at 7:20 p.m. Minutes were written and prepared by: Taci Wrisley Planning and Zoning Assistant The meeting minutes were approved on April 14, 2015 by a vote of 4-0. City of Colleyville Page 3 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number Agenda Date 04/21/2015 Number Type Report Department Finance Title Monthly Financial Report - March 2015 Explanation General Fund The percentage of current year taxes collected is slightly behind the percentage collected for March 2014. It is anticipated that the budgeted 99.5% collection rate will be achieved. For the month of March, General Fund sales tax is up 5.91% ($12,326) from revenues reported for the same time period last year. Year to date General Fund sales tax is up 8.24% ($84,801). This is the twelfth consecutive month of increased sales tax revenues as compared to the prior year, and this is the highest March sales tax allocation ever received. The annual electric franchise payment received from Oncor Electric exceeded budgeted projections by 5% due to higher customer usage. The payment received by Atmos for gas usage exceeded budgeted projections by 47%. This increase can be attributed to higher customer usage, due to colder temperatures during the winter months. The quarterly Mixed Beverage Tax allocations exceed the amount received last year by 21.83%. This increase is mostly attributable to a legislation change requiring customers to pay sales tax of 8.25% on mixed drinks, effective January 1, 2014. Eighteen new residential building permits were issued in March compared to seven that were issued in March 2014. Revenues received for licenses and permits exceed current year projections by over 26% year to date. Ambulance collections are on target with this year's projections but behind last year's collections by 17.33%, due to a 5% decrease in hospital transports for the first five months of this fiscal year, compared to last fiscal year. Engineering and Inspection revenues have exceeded budgeted projections already this fiscal year due to the development plan review and inspection fees received for the Creekside at Colleyville project. Colleyville Center revenues are currently ahead of budgeted projections for this fiscal year. As a point of reference, all Saturday reservations are booked until mid-September at Colleyville Center and business rentals during the week are up 4% over the same time period last year. The average amount expended by the General Fund departments at the end of March is 40.88% of the total appropriation versus 43.40%, which was projected to be spent. City Council Agenda Briefing City of Colleyville Page 2 Utility Fund Water usage increased 11.93% as compared to the amount sold through March 2014. This is due to a decrease in rainfall (2.66 inches) for the first quarter of this fiscal year compared to the same time period last fiscal year. The average amount expended by the Utility Fund departments at the end of March was 44.2% of the total appropriation, versus 47.41%, which was projected to be spent. MONTHLY FINANCIAL REPORT - MARCH 2015 GENERAL FUND RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT FY 2015 AS OF AS OF PROJECTED AS OF CHANGE OVER REVENUE SOURCE BUDGET 3/31/2015 3/31/2015 INCR (DECR)3/31/2014 PRIOR YEAR Current Taxes $12,441,254 $12,168,057 $12,169,071 -0.01%$11,347,641 7.23% Delinquent Taxes 70,000 11,689 17,500 -33.21%35,381 -66.96% Penalty & Interest 55,000 25,978 27,500 -5.53%26,131 -0.58% TOTAL AD VALOREM TAXES $12,566,254 $12,205,724 $12,214,071 -0.07%$11,409,152 6.98% Oncor Electric $860,000 $903,390 $860,000 5.05%$893,973 1.05% Tri-County Electric 105,000 126,855 105,000 20.81%105,326 20.44% Atmos Gas 305,000 449,640 305,000 47.42%354,663 26.78% AT&T 78,000 36,205 39,000 -7.17%38,793 -6.67% Verizon/Others 70,000 32,646 35,000 -6.73%35,017 -6.77% Refuse/Recycling 146,000 79,354 74,990 5.82%74,888 5.96% Cable TV 430,000 260,141 215,000 21.00%239,944 8.42% TOTAL FRANCHISE TAXES $1,994,000 $1,888,231 $1,633,990 15.56%$1,742,603 8.36% Sales Tax $3,200,000 $1,113,526 $1,110,016 0.32%$1,028,725 8.24% Mixed Beverage Tax 70,000 55,147 35,000 57.56%45,266 21.83% TOTAL SALES TAX $3,270,000 $1,168,673 $1,145,016 2.07%$1,073,991 8.82% Building $558,000 $359,881 $279,000 28.99%$353,600 1.78% Plumbing 50,000 29,865 25,000 19.46%31,629 -5.58% Mechanical 30,000 17,345 15,000 15.63%17,485 -0.80% Electrical 45,000 25,046 22,500 11.32%28,747 -12.87% City License 40,000 21,835 20,000 9.18%24,730 -11.71% Building Plan Review Fee 100,000 61,556 50,000 23.11%93,317 -34.04% New Business 4,000 2,115 2,000 5.75%2,350 -10.00% Sign Permit 6,000 4,040 3,000 34.67%6,050 -33.22% Fence Permit 4,000 5,325 2,000 166.25%5,575 -4.48% Fire Permits 6,500 6,180 3,250 90.15%4,150 48.92% Irrigation Permit 13,000 8,093 6,500 24.50%7,470 8.33% TOTAL LICENSES & PERMITS $856,500 $541,281 $428,250 26.39%$575,102 -5.88% Fines $735,000 $405,357 $367,500 10.30%$367,482 10.31% Alarm Fees 52,788 31,264 26,394 18.45%26,394 18.45% Library Fines 22,500 11,455 11,250 1.82%11,289 1.47% TOTAL FINES $810,288 $448,076 $405,144 10.60%$405,165 10.59% MONTHLY FINANCIAL REPORT - MARCH 2015 RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT REVENUE SOURCE FY 2015 AS OF AS OF PROJECTED AS OF CHANGE OVER BUDGET 3/31/2015 3/31/2015 INCR (DECR)3/31/2014 PRIOR YEAR Re-zoning $7,500 $6,038 $3,750 61.02%$5,332 13.25% Plat Fee/Site Plan 5,000 6,350 2,500 154.00%7,700 -17.53% Board of Adjustment 1,250 875 625 40.00%1,225 -28.57% Sale of Material 100 17 50 -66.00%486 -96.50% Weed Mowing 6,500 2,856 3,250 -12.13%26,730 -89.32% Ambulance 300,000 161,688 150,000 7.79%195,574 -17.33% Recreation Program 160,000 73,453 81,760 -10.16%89,048 -17.51% Non-Resident Fee Parks 35,000 40,415 35,000 15.47%33,670 20.03% Field Use Charge 21,000 24,295 21,000 15.69%21,465 13.18% Engineering & Inspection 100,000 210,195 50,000 320.39%163,288 28.73% Colleyville Center Rental 257,250 127,946 122,959 4.06%109,934 16.38% Lot Drainage Insp Fee 13,000 9,875 6,500 51.92%6,750 46.30% TOTAL CHARGES FOR SERVICE $906,600 $664,003 $477,394 39.09%$661,203 0.42% SRO Officer Reimb $94,282 $0 $0 0.00%$0 0.00% Keller Court 217,697 115,705 115,705 0.00%112,958 2.43% TOTAL INTERGOVERNMENTAL $311,979 $115,705 $115,705 0.00%$112,958 2.43% Sale of Surplus Property $5,000 $3,798 $2,500 51.90%$13,801 -72.48% Interest Income 35,000 2,343 3,675 -36.25%3,180 -26.33% Miscellaneous 55,000 50,924 27,500 85.18%40,373 26.13% Use of Available Cash 1,000,000 0 0 0.00%0 0.00% Antenna Lease 70,040 45,855 45,360 1.09%43,900 4.45% TOTAL MISCELLANEOUS $1,165,040 $102,920 $79,035 30.22%$101,254 1.65% Transfers-In $1,182,919 $0 $0 0.00%$0 0.00% TOTAL TRANSFERS $1,182,919 $0 $0 0.00%$0 0.00% TOTAL GENERAL FUND REVENUES $23,063,580 $17,134,612 $16,498,605 3.85%$16,081,428 6.55% MONTHLY FINANCIAL REPORT - MARCH 2015 TOTAL PERCENT FY 2015 THROUGH THROUGH INCREASE INCREASE BUDGET 3/31/2015 3/31/2014 (DECREASE)(DECREASE) % OF CURRENT TAX ROLL COLLECTED 99.5%97.01%97.11%-0.10%-0.10% RESIDENTIAL BLDG PERMITS 118 76 50 26 52.00% COMMERCIAL BLDG PERMITS 6 4 4 0 0.00% CITATIONS ISSUED 11,500 4,972 5,036 (64)-1.27% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2015 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 3/31/2015 EXPENDITURES EXPENDED REMAINING City Council $188,506 $94,017 $109,253 49.87%$94,489 City Manager 606,286 287,805 303,143 47.47%318,481 City Secretary 209,919 94,867 104,960 45.19%115,052 Finance 407,827 213,167 213,914 52.27%194,660 Legal 130,460 81,377 65,230 62.38%49,083 Engineering 380,608 205,157 205,304 53.90%175,451 Economic Development 302,995 118,974 121,498 39.27%184,021 Building Inspection 281,134 125,673 140,567 44.70%155,461 Community Development 349,709 132,812 149,855 37.98%216,897 Fire 4,568,006 2,123,277 2,225,003 46.48%2,444,729 Police 4,408,293 2,165,364 2,204,147 49.12%2,242,929 Parks 1,300,258 485,107 505,129 37.31%815,152 Recreation 357,823 107,453 119,912 30.03%250,370 Street Maintenance 4,083,178 990,575 1,141,589 24.26%3,092,603 Library 724,124 329,807 347,062 45.55%394,317 Communications 168,267 66,974 71,134 39.80%101,293 Colleyville Center 358,155 146,952 179,078 41.03%211,203 Human Resources 274,930 74,057 77,465 26.94%200,873 Municipal Court 399,733 178,482 199,867 44.65%221,251 Fleet Services 232,003 99,979 116,002 43.09%132,024 Facility Services 518,004 236,167 259,002 45.59%281,837 Information Services 1,126,415 665,916 673,208 59.12%460,499 Non Departmental 925,160 389,502 462,580 42.10%535,658 Capital Equipment Reserve 542,000 0 0 0.00%542,000 Compensation Adjustment 184,425 0 0 0.00%184,425 TOTAL EXPENSES $23,028,218 $9,413,460 $9,994,897 40.88%$13,614,758 MONTHLY FINANCIAL REPORT - MARCH 2015 UTILITY FUND RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT FY 2015 AS OF AS OF PROJECTED AS OF CHANGE OVER REVENUE SOURCE BUDGET 3/31/2015 3/31/2015 INCR (DECR)3/31/2014 PRIOR YEAR Water Sales $11,014,359 $4,108,937 $4,405,744 -6.74%$3,539,926 16.07% Sewer Sales 3,745,247 1,668,509 1,872,624 -10.90%1,799,325 -7.27% Sewer Installation 7,000 8,100 3,500 131.43%4,900 65.31% Water Installation 21,000 17,441 10,500 66.10%14,330 21.71% Sewer Tie-on Charges 5,000 0 0 0.00%3,000 -100.00% Engineering Charges 5,000 97,487 2,500 3799.46%87,120 11.90% Penalties 218,543 90,950 109,272 -16.77%101,569 -10.46% Miscellaneous 13,000 9,907 6,500 52.42%8,000 23.84% TOTAL OPERATING INCOME $15,029,149 $6,001,330 $6,410,639 -6.38%$5,558,170 7.97% Interest Income $20,300 $5,612 $5,075 10.58%$5,068 10.72% TOTAL NON-OPERATING INCOME $20,300 $5,612 $5,075 10.58%$5,068 10.72% TOTAL INCOME $15,049,449 $6,006,942 $6,415,714 -6.37%$5,563,239 7.98% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 3/31/2015 3/31/2014 (DECREASE)(DECREASE) GALLONS OF WATER SOLD 880,855,600 786,942,800 93,912,800 11.93% NUMBER OF WATER CUSTOMERS 9,575 9,436 139 1.47% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2015 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 3/31/2015 EXPENSES EXPENDED REMAINING Billing $381,081 $162,776 $190,541 42.71%$218,305 Operations 10,546,206 4,955,874 5,273,103 46.99%5,590,332 Utility Support 1,101,132 497,520 550,566 45.18%603,612 Non-Departmental 305,133 101,114 152,567 33.14%204,019 Debt Service 490,100 473,675 473,675 96.65%16,425 Compensation Adjustment 21,733 0 0 0.00%21,733 Transfer to General Fund 1,160,255 0 0 0.00%1,160,255 TOTAL EXPENSES $14,005,640 $6,190,959 $6,640,451 44.20%$7,814,681 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number R-15-3869 Agenda Date 04/21/2015 Type Resolution Department City Secretary Title Ending Resolution Attachments 1.Ending RESOLUTION R-15-3869 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 21, 2015 WHEREAS,City 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 City Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ____ AYES, ____ NAYS, AND ____ ABSTENTIONS ON THIS THE 21ST DAY OF APRIL 2015. ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor