Loading...
HomeMy WebLinkAboutCity Council-Agenda Packets-5/12/2015 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, May 12, 2015 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Update and discussion on the SH26/Colleyville Boulevard Reconstruction Project PC-2 Mid-year budget presentation PC-3 Presentation of the Quarterly Performance Management Report PC-4 Presentation of the quarterly investment report for the quarter ended March 31, 2015 PC-5 Discussion of the May 12, 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 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 551.071 - Legal - Consultation with attorney regarding litigation - City of Colleyville Page 1 City Council Agenda May 12, 2015 Village Monticello Partners, LTD. v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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. CITY COUNCIL CHAMBERS INVOCATION: Reverend Cameron Veazey, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. RECEPTION FOR OUTGOING CITY COUNCIL 3. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3873 4. 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 - Milwaukee Joe's Gourmet Ice Cream - Mike and Donna Perry, Owners, The Village at Colleyville, 33 Main Street, Suite 100 - Mayor David Kelly and Economic Development Director Marty Wieder Proclamation in recognition of National Police Week, May 10-16, 2015 - Mayor David Kelly and Police Chief Mike Holder Proclamation in recognition of National Public Works Week, May 17- City of Colleyville Page 2 City Council Agenda May 12, 2015 23, 2015 - Mayor David Kelly and Public Works Director Bob Lowry 5. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3874 5a Approval of the minutes of the regular City Council meeting of May 5, 2015 5b Approval of the Agreement for Professional Services and Employment of the City Manager 5c Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to represent the City of Colleyville at the Trinity River Authority's Tarrant County Water Supply Project Customer City meetings 5d Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System 5e Approval of the use of Voluntary Park Funds for the purchase and installation of benches and trash receptacles at Sparger Park 5f Authorization to operate the splash pad at McPherson Park with lower flow nozzles, on the previously established dates, days, and times in the summer of 2015 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-15-1951 Consideration of a Special Use Permit for an accessory building on Lot 3R1, Block 1, of the Pleasant Oaks Estates Addition, located at 601 Shelton Drive, Case ZC15-002 6b Ordinance O-15-1952 Consideration of an amendment to the PUD-C-Planned Unit Development Commercial zoning requirements on Abstract 1154, of the R. H. McEwing Survey located at 8092 Precinct Line Road, Case ZC15-005 6c Ordinance O-15-1953 Consideration of a Special Use Permit for an accessory building on Lot 12, Block 4, of the Ashmore Addition, located at 2705 Highgrove Court, Case ZC15-006 6d Ordinance O-15-1954 Consideration of an amendment to the Special Use Permit City of Colleyville Page 3 City Council Agenda May 12, 2015 requirements on Lot 1R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC15-007 6e Ordinance O-15-1955 Approval of a boundary adjustment between the City of Euless and the City of Colleyville 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Monthly Financial Report - April 2015 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MAY 12, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3875 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 8, 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 4 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 05/12/2015 Type Pre Council Department Public Works Title Update and discussion on the SH26/Colleyville Boulevard Reconstruction Project Strategy Map Connection B2- Proactively seek process improvements and sustainable solutions F2- Invest to provide and maintain high quality public assets Explanation Staff will provide an update on the SH26/Colleyville Boulevard Reconstruction Project. The purpose of this presentation and discussion is to: • Update the City Council on the status of the SH26 Reconstruction Projects – Phase I (Northern City Limit to John McCain Road) – Phase II (John McCain Road to Brown Trail Road) • Receive direction from the City Council in order to provide guidance to TxDOT and the design engineer, TNP, Inc. on the following items: – Installation of bollards along the parkway for the limits of the retaining wall – Removal of the originally proposed mow strips in the medians The presentation was not available at the time publication of the agenda briefing. The presentation slides will be provided to the City Council prior to the City Council meeting on Tuesday night. 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-2 Agenda Date 05/12/2015 Type Pre Council Department Finance Title Mid-year budget presentation Strategy Map Connection B4- Cultivate a culture of transparency and consistent communication F1- Protect and preserve the City’s top financial ratings F4- Adhere to the City’s financial and budgetary policies Explanation General Fund Revenue Overview The City has received $17,134,612 in General Fund revenue as of March 31, 2015. This represents an increase of 6.55% as compared to the second quarter of Fiscal Year 2014. The nature of this increase is primarily due to the additional amount received in ad valorem taxes, franchise and sales taxes, fines, and charges for service. The following paragraphs summarize in greater detail the General Fund revenues by category, and contain information about year-end revenue projections. Ad Valorem Tax: Through March 31, 2015, the City has collected just over 97% of current ad valorem taxes due, and collections are slightly behind those received for the same time period last year. Currently, it appears the projection of collecting 99.5% of the tax roll will be achieved by September 30, 2015. Delinquent tax collections are behind Fiscal Year 2014 collections, however, this is due to collecting 99.67% of the roll last fiscal year, which exceeded expectations for collections on delinquent accounts. Franchise Tax: The annual electric franchise payments received from Oncor Electric and Tri-County Electric both exceeded the budgeted amounts by $43,390 and $21,855, respectively. The annual payment received by Atmos Gas in March also exceeded the budgeted amount by $144,640 due to higher customer usage. Revenues from cable fees exceeded the budgeted amount due to the growth in cable based internet use. With the decrease in the number of land phone lines, revenues received from AT&T franchise fees was down 7.17%. Revenues from refuse collections are expected to meet the budgeted projection. Sales Tax: Sales tax receipts received through March 31, 2015 total $1,113,526, an 8.24% increase as compared to receipts through the second quarter of Fiscal Year 2014. The mixed beverage tax allocation received through March 31, 2015 exceeds the budgeted projection by 21.83%. Due to a legislative change in 2014, the amount City Council Agenda Briefing City of Colleyville Page 2 remitted to cities for mixed beverages includes sales tax. The current projection has been increased to reflect the receipt of higher allocations than anticipated. Fines: Fine revenue is up 10.59% compared to the prior year. The number of citations issued through March 31, 2015 is slightly less than the number issued for the same time period last year. Included in revenues from fines, is $50,974 collected this fiscal year for warrants outstanding greater than 60 days. This includes 357 cases collected so far this fiscal year, in part, as a result of using a third party collection service. Revenues from alarm fees currently exceed the budgeted projection and the amount received through March 31, 2014 by 18.45%. Licenses and Permits: Revenues in the License and Permits category are currently ahead of budgeted projections by 26.39%. The majority of this increase is attributable to building permit revenues, which include an additional 26 new residential building permits issued over the same time period last year. Charges for Service: Charges for service revenue exceeds the budgeted projections through March 31, 2015 by almost 40% and is slightly higher than the revenue received through second quarter of Fiscal Year 2014. Ambulance revenue currently exceeds budgeted projections by 7.79%. Revenues received for inspection and plan review fees have brought in $210,195 so far this fiscal year. These are related to several new development projects in the City. Colleyville Center revenues are also up when compared to last 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. Recreation revenues have also increased, including the field use and non-resident fees charged by youth sports associations for the use of athletic fields. Miscellaneous / Transfers-In: Interest income is lagging behind the budget with an investment interest rate level of around 0.25 percent. The transfer-in from the Utility Fund is expected to be slightly less than the budgeted projection due to Fiscal Year 2014 audited utility sales, which is the basis for the transfer. Expenditures General Fund expenses through March 31, 2015 are $581,437 less than the budgeted projected expenditures. It appears expenses will not exceed budgeted or projected revenues this fiscal year. Utility Fund Revenue Overview 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. City Council Agenda Briefing City of Colleyville Page 3 Expenditures Utility Fund expenses through March 31, 2015 are $449,492 less than the budgeted projected expenditures. It appears expenses will not exceed budgeted or projected revenues this fiscal year. Attachments 1.FY 2015 General Fund Revenues - Budget vs. Projected FY 2015 GENERAL FUND REVENUES - BUDGET VS. PROJECTED FY 12 FY 13 FY 14 FY 15 FY 15 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED GENERAL FUND AD VALOREM TAXES 5101-CURRENT TAXES 10,622,072 10,862,289 11,712,637 12,441,254 12,441,254 5102-DELINQUENT TAXES 105,376 73,071 59,789 70,000 50,000 5103-PENALTY & INTEREST 83,819 79,838 76,852 55,000 55,000 TOTAL AD VALOREM TAXES $10,811,267 $11,015,197 $11,849,278 $12,566,254 $12,546,254 FRANCHISE TAXES 5201-ONCOR ELECTRIC 1,024,876 891,771 893,973 860,000 903,390 5202-TRI-COUNTY ELECTRIC 118,281 100,229 105,326 105,000 126,855 5203-ATMOS GAS 333,098 289,708 354,663 305,000 449,640 5204-AT&T 86,852 83,482 76,147 78,000 72,540 5205-VERIZON/OTHERS 82,212 85,565 88,013 70,000 65,100 5206-GARBAGE/RECYCLING 146,181 156,478 159,285 146,000 153,300 5207-CABLE TV 415,963 467,498 495,394 430,000 490,000 TOTAL FRANCHISE TAXES $2,207,461 $2,074,730 $2,172,802 $1,994,000 $2,260,825 SALES TAX 5301-1% SALES TAX 2,858,065 3,073,879 3,351,728 3,200,000 3,300,000 5302-MIXED BEVERAGE TAX 65,808 68,592 98,160 70,000 95,000 TOTAL SALES TAX $2,923,873 $3,142,470 $3,449,888 $3,270,000 $3,395,000 LICENSES & PERMITS 5411-BUILDING 706,421 526,110 667,583 558,000 659,600 5412-PLUMBING 78,329 57,748 64,991 50,000 60,000 5413-MECHANICAL 48,621 40,560 43,421 30,000 34,500 5414-ELECTRICAL 68,491 50,062 58,064 45,000 49,500 5416-CITY LICENSE 45,917 41,210 47,620 40,000 43,600 5417-BUILDING PLAN REVIEW FEE 118,622 102,006 155,636 100,000 120,000 5418-NEW BUSINESS 5,689 5,781 5,123 4,000 4,200 5419-ANIMAL 577 0 0 0 0 5420-SIGN PERMITS 6,884 7,070 12,355 6,000 7,800 5421-FENCE PERMITS 5,050 4,800 11,850 4,000 10,000 5423-FIRE PERMIT FEES 8,975 6,350 9,300 6,500 8,500 5424-IRRIGATION PERMIT FEES 19,547 15,438 14,069 13,000 13,660 5425-GAS AND OIL WELL PERMIT FEES 0 0 0 0 0 TOTAL LICENSES & PERMITS $1,113,123 $857,134 $1,090,011 $856,500 $1,011,360 FINES 5611-FINES 911,217 815,025 844,369 735,000 808,500 5612-FINES-ALARMS 52,948 50,992 54,966 52,788 54,500 5630-LIBRARY FINES 24,922 26,577 26,534 22,500 22,500 TOTAL FINES $989,086 $892,594 $925,869 $810,288 $885,500 FY 2015 GENERAL FUND REVENUES - BUDGET VS. PROJECTED FY 12 FY 13 FY 14 FY 15 FY 15 ACTUAL ACTUAL ACTUAL BUDGET PROJECTED GENERAL FUND CHARGES FOR SERVICES 5511-PLANNING AND ZONING 11,635 8,523 13,092 7,500 12,000 5512-PLAT FEE 6,410 12,870 17,110 5,000 11,500 5514-BOARD OF ADJUSTMENT 3,125 2,250 2,225 1,250 1,750 5711-SALE OF MATERIAL 105 104 2,043 100 100 5712-WEED MOWING 7,900 6,872 29,985 6,500 6,500 5715-SITE PLAN REVIEW 1,000 0 1,250 0 0 5718-ANIMAL IMPOUNDMENT FEE 1,420 0 0 0 0 5721-AMBULANCE 319,796 293,957 357,352 300,000 310,000 5722-RECREATION PROGRAM 199,233 171,472 193,029 160,000 150,000 5811-ENGINEERING & INSPECTION 12,424 48,453 243,024 100,000 250,000 5845-LOT DRAINAGE INSP FEE 20,000 13,375 14,000 13,000 13,000 5855-FIELD USE CHARGE 22,110 20,575 26,485 21,000 24,295 5873-COLLEYVILLE CENTER FEES 230,329 246,798 230,793 257,250 257,250 5874-NON-RESIDENT FEE 36,644 35,838 34,150 35,000 40,415 TOTAL CHARGES FOR SERVICE $872,132 $861,085 $1,164,538 $906,600 $1,076,810 INTERGOVERNMENTAL REVENUE 5828-SRO OFFICER REIMB 89,793 94,282 94,282 94,282 94,282 5826-KELLER COURT 0 216,980 225,915 217,697 217,697 TOTAL INTERGOVERNMENTAL REVENUE $89,793 $311,262 $320,197 $311,979 $311,979 MISCELLANEOUS REVENUE 5714-SALE OF SURPLUS PROPERTY 147,969 0 13,801 5,000 5,000 5716-INTEREST INCOME 60,031 39,271 22,081 35,000 22,400 5719-MISCELLANEOUS 67,598 81,036 59,600 55,000 55,000 5832-ANTENNA LEASE 70,040 70,513 71,022 70,040 70,040 5867-OTHER FINANCING SOURCES 894,534 209,425 831,155 0 0 5790-USE OF AVAILABLE CASH 0 0 0 1,000,000 1,000,000 TOTAL MISCELLANEOUS REVENUE $1,240,173 $400,245 $997,658 $1,165,040 $1,152,440 TRANSFERS IN 5872-TRANSFER FROM UTILITY FUND 1,081,868 1,049,222 1,116,974 1,115,969 1,115,272 5888-T-FER IN CONSTRUCTION INSPECTOR 0 0 0 66,950 66,950 TOTAL TRANSFERS IN $1,081,868 $1,049,222 $1,116,974 $1,182,919 $1,182,222 TOTAL GENERAL FUND REVENUES $21,328,778 $20,603,940 $23,087,214 $23,063,580 $23,822,390 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 05/12/2015 Type Pre Council Department City Manager Title Presentation of the Quarterly Performance Management Report Strategy Map Connection B4- Cultivate a culture of transparency and consistent communication B5- Use the Strategy Map to ensure that the focus stays on those programs and services identified as priorities by the community Explanation The purpose of this item is to report on performance of the programs and services identified in the City's strategy map (attached) and the general operations of the City through the use of performance measures. The performance measures presented are the scorecard by which key performance indicators are measured, and ultimately, how performance with respect to the four focus areas identified as the City Council's priorities is assessed. In addition to performance measures, additional metrics called vital statistics are included in the report. Performance measures are measures of efficiency or effectiveness and represent outcomes that can be directly influenced by staff. Vital statistics represent data that is important to track for overall understanding of how a program is performing and for decision making, but is not necessarily a reflection of efficiency or effectiveness, and is not something that staff has significant control over. The presentation of both performance measures and vital statistics provides a well-rounded look at performance and trends in programs and services, while also furthering the City's efforts of accountability and transparency to those we serve. The attached spreadsheet includes the second quarter of actual data from FY 2015, reflected in the FY 2015 YTD (year-to-date) column. For performance measures, the FY 2015 YTD numbers are compared to the FY 2015 target that was established by the responsible department and are color coded as listed below. Vital statistics do not have a FY 2015 target and are therefore not color coded, as those metrics represent information that is important to track, but are not necessarily appropriate to set targets for. Gray - Data not available at this time Green - Performance expected to meet or exceeded the target City Council Agenda Briefing City of Colleyville Page 2 Yellow - Performance expected to be near the target, but not meet it Red - Performance not expected to meet the target, or come close to meeting it A dashboard report is also included and offers a more visual presentation of highlighted performance measures and vital statistics. Each quarter, the dashboard report will highlight metrics related to one of the four focus areas from the City's strategy map, and will include charts and graphs depicting selected performance measures and vital statistics that are tied to that particular focus area. All performance measures will be regularly evaluated to ensure they continue to appropriately measure the effectiveness of City services and will be updated as necessary. Staff will also continue to track and include vital statistics in performance management reports to provide the additional information that is necessary for informed decision making. Attachments 1.FY15 Q2 Performance Management Report 2.Dashboard FY15 Q2 3.Strategy Map Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 Target FY 2015 YTD Percentage of code violations located proactively Code Enforcement Neighborhoods 56%62%69%80%≥ 50%75% Number of cases successfully resolved Criminal Investigations Core Service N/A N/A N/A 614 ≥ 400 370 Percentage of UCR Part 1 Crimes cleared Criminal Investigations Core Service 47%28%20%30%≥ 30%30% Percentage of crime victims contacted by investigators within 3 days Criminal Investigations Core Service 92%95%92%98%≥ 95%100% Number of UCR Part 1 Crimes Police Administration Neighborhoods 201 199 175 160 ≤ 180 78 Average Priority 1 response time (call dispatch to arrival)Police Patrol Core Service 4:30 4:12 4:11 4:03 ≤ 5:00 3:28 Fire/Ambulance response in under six minutes (call dispatch to arrival)EMS Operations Core Service 84%83%85%82%≥ 85%83% Percentage of plans reviewed within 48 hours Fire Prevention / Investigations Core Service 99%97%100%100%≥ 98%99% Percentage of fire investigations cleared within 30 days Fire Prevention / Investigations Core Service 100%100%100%100%≥ 95%100% Percentage of inspections performed within 48 hours of request Fire Prevention / Investigations Core Service 98%97%100%100%≥ 95%100% Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 YTD Injury accidents per 1,000 population Police Patrol Core Service 1.5 2.2 0.75 0.7 0.78 Number of self-initiated calls for service (proactive, community policing)Police Patrol Neighborhoods 18,396 40,324 54,231 50,897 21,608 Total number of outstanding warrants in system since 1/1/03 Warrant Officer Core Service 4,555 4,170 3,971 4,056 3,569 Number of warrants served Warrant Officer Core Service 3,933 7,190 1,452 2,767 1,193 Fire Related Responses Fire Operations Core Service N/A N/A 381 500 243 Service Related Responses Fire Operations Core Service N/A N/A 357 127 73 EMS Related Responses EMS Operations Core Service N/A N/A 829 950 477 Ambulance billing revenue EMS Operations Sust. Gov't $307,000 $322,000 $323,672 $399,312 $172,210 Percentage of billed services recovered EMS Operations Sust. Gov't 35%30%30%32%28% Total number of volunteer hours from CFAAA and Rehab Team Fire Administration Core Service N/A N/A 900 418.5 122 Community Fire Prevention Events Fire Prevention / Operations Core Service N/A N/A N/A 116 58 Average hours of training per employee Fire Operations Core Service 195 205 160.9 160.99 49.69 PUBLIC SAFETY Pe r f o r m a n c e M e a s u r e s Vi t a l S t a t i s t i c s Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 Target FY 2015 YTD Percentage of residential plan reviews completed in five days or less Building Inspection Eco. Dev.New Measure New Measure 21%41%≥ 75%66% Percentage of commercial plan reviews completed in ten days or less Building Inspection Eco. Dev.New Measure New Measure 44%55%≥ 75%77% Percentage of inspections performed within 24 hours Building Inspection Core Service 96%93%97%98%≥ 95%99% Percent of online department survey respondents satisfied with overall service Planning and Zoning/Building Inspection Core Service New Measure New Measure 89%98%= 100%67% Average percentage occupancy of retail and office spaces Economic Development Eco. Dev.87%/87%88%/89%90%/89%90%/90%≥ 90%/89%94%/89% Percent of zoning case approvals consistent with Master Plan Planning and Zoning Neighbor- hoods New Measure New Measure 94%100%= 100%100% Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 YTD Number of commercial remodel/add-alter permits Economic Development Eco. Dev.79 65 75 112 24 Value of commercial remodel/add-alter permits Economic Development Eco. Dev.$13M $11.7M $9.44 M $16.59M $1.67M Fees generated from commercial remodel/add-alter permits Economic Development Eco. Dev.$138,276 $101,000 $106,290 $169,916 $24,419 Fees generated from new commercial building permits Economic Development Eco. Dev.$109,097 $225,000 $128,535 $162,080 $170,855 Number of new commercial building permits Economic Development Eco. Dev.7 8 6 7 4 Value of new commercial building permits Economic Development Eco. Dev.$4.0M $12.9M $3.48M $7.71M $5.19M General Fund Sales Tax Revenue Economic Development Eco. Dev.$2.64M $2.86M $3.07M $3.35M $1.61M Number of Inspections Performed Building Inspection Eco. Dev.6,829 8,780 6,832 4,621 3,151 DEVELOPMENT Pe r f o r m a n c e M e a s u r e s Vi t a l S t a t i s t i c s Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 Target FY 2015 YTD Percentage of revenue recovery (including donations) for athletic program Athletic Field Maintenance Core Service N/A N/A 12%12%≥ 12%18% Percentage of park inspections meeting standards Park Maintenance Core Service 85%85%87%80%≥ 85%95% Percentage of library materials requests filled within 30 days Library Services Core Service 77%83%86%96%≥ 80%Annual Measure Percentage of library patrons who come to the library looking for items and find them Library Services Core Service 75%82%79%80%≥ 80%81% Children’s program attendance Library Services Core Service 12,003 17,145 21,955 18,363 ≥ 18,000 8,523 Adult and teen program attendance Library Services Core Service 426 809 910 795 ≥ 750 363 Children’s summer reading program participation Library Services Core Service 1,010 1,054 1,182 1,188 ≥ 1,100 Annual Measure Adult and teen summer reading program participation Library Services Core Service 134 106 118 114 ≥ 110 Annual Measure Library patron visits Library Services Core Service 104,276 104,268 123,211 134,314 ≥ 120,000 62,954 Reference Completion Rate Library Services Core Service 36,036 39,799 35,048 34,073 ≥ 35,000 13,000 Circulation of the library materials collection Library Services Core Service 235,238 244,613 250,737 234,667 ≥ 235,000 103,108 Percentage of offered classes/programs held Recreation Sust. Gov't 48%60%65%71%≥ 60%66% Number of participants Senior Center Core Service 1,384 1,500 1,751 3,734 ≥ 1,500 2,149 Percentage of resident membership visits Senior Center Sust. Gov't 54%55%58%60%≥ 60%63% Percentage of cost recovery Colleyville Center Sust. Gov't 78%70%66%81%≥ 70%62% Percentage of customer satisfaction ratings of “excellent”Colleyville Center Core Service 98%98%96.3%96.4%≥ 94%96.9% Revenue generated from bookings Colleyville Center Sust. Gov't $245,749 $240,000 $246,797 $230,793 ≥ $230,000 $127,946 Number of events held Colleyville Center Sust. Gov't 410 420 386 412 ≥ 404 196 LEISURE Pe r f o r m a n c e M e a s u r e s Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 YTD Percentage of Colleyville households with at least one active library card holder Library Services Core Service 50%55%50%50%50% Library materials collection size Library Services Core Service 62,997 65,740 69,736 74,525 75,003 Number of staff hours dedicated to athletic field maintenance and game preparation Athletic Field Maintenance Core Service N/A 4,725 4,884 3,697 1,273 Number of youth sports participants Athletic Field Maintenance Core Service 4,774 4,750 4,063 4,315 4,434 Percentage of non-resident youth sports participants Athletic Field Maintenance Sust. Gov't 51%51%49%52%52% Value of donations Park Maintenance Sust. Gov't $2,429 $2,000 $86,118 $1,460 $1,000 Number of classes/programs offered Senior Center Core Service 150 120 151 212 104 Average membership visits per month Senior Center Core Service 560 500 534 544 641 Number of Metroport Meals on Wheels participants Senior Center Core Service New Measure 1,800 1,727 1,607 930 Percentage of Meals on Wheels participants who are residents Senior Center Core Service New Measure 50%52%49%49% Percentage of resident class participants Recreation Sust. Gov't 59%60%49%42%47% Percentage of events generating economic impact for local business Colleyville Center Eco. Dev.57%55%57%59%59% Percent of total events held: Colleyville residents Colleyville Center Sust. Gov't N/A N/A 9%10%13% Percent of total events held: Non-residents Colleyville Center Sust. Gov't N/A N/A 41%36%25% Percent of total events held: Non-profits Colleyville Center Sust. Gov't N/A N/A 44%47%54% Percent of total events held: City departments Colleyville Center Sust. Gov't N/A N/A 6%7%8% Vi t a l S t a t i s t i c s LEISURE Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 Target FY 2015 YTD Percent of internal customers satisfied with facility environment Building Services Sust. Gov't N/A 98%89%84%≥ 98%Annual Measure Percentage of work orders responded to within one business day Building Services Sust. Gov't 98%99%78%51%≥ 90%75% Percent of scheduled lane miles of public streets swept Stormwater Management Core Service New Measure 94%98%99%≥ 98%99% Percent of storm drain inlets inspected Drainage Maintenance Core Service New Measure New Measure New Measure 20%≥ 50%Annual Measure Percentage of storm sewer lines inspected Drainage Maintenance Core Service New Measure New Measure New Measure <1%≥ 20%Annual Measure Meter reading accuracy Utility Support Core Service 99%98%99%99%≥ 98%98% Percentage of total waste water lines cleaned annually Waste Water Collection Core Service 63%88%93%78%≥ 95%Annual Measure Percentage of water valves exercised Water Distribution Core Service New Measure New Measure New Measure 12%≥ 20%Annual Measure Percentage of monthly water samples testing negative for coloform bacteria Water Distribution Core Service 99.98%100.00%99.36%99%= 100%100% Percent of street and traffic signs replaced Street Maintenance Neighborhoods New Measure 8%12%15%≥ 10%Annual Measure Percentage of pavement markings renewed Street Maintenance Neighborhoods New Measure New Measure New Measure 20%≥ 20%Annual Measure Lane miles of unimproved streets Engineering Services Neighborhoods 71.32 71.32 71.32 65.61 ≤ 65.6 Annual Measure Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 YTD Percentage of fleet time available Fleet Maintenance Sust. Gov't New Measure 98%98%98%99% Ratio of scheduled maintenance to unscheduled repairs Building Services Sust. Gov't 80%77%68%41%60% Number of infrastructure repairs needed within two- year maintenance bond period Engineering Services Core Service 1 0 0 0 0 Value of newly-constructed public infrastructure in place Engineering Services Neighborhoods New Measure New Measure New Measure $5.82M $7.7M Percentage of contstruction time with City staff present Engineering Services Neighborhoods New Measure New Measure New Measure 18%27% Percentage of time preventative maintenance is completed on schedule Fleet Maintenance Sust. Gov't New Measure New Measure New Measure 95%97% Water loss ratio Water Distribution Core Service 3.17%4.50%4.33%4.34%Annual Measure PUBLIC WORKS Pe r f o r m a n c e M e a s u r e s Vi t a l S t a t i s t i c s Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 Target FY 2015 YTD City-initiated news leads Communications Core Service 32 40 31 23 ≥ 25 13 Responses to media inquires within 1 hour Communications Core Service 95%95%96%96%≥ 95%93% Number of public information campaigns Communications Core Service 9 8 6 4 ≥ 8 3 Coverage in print, broadcast, online/associated media value Communications Core Service $92,998 $130,000 $82,650 $94,976 ≥ $90,000 $75,500 Colleyvilleclosebuy.com and app visitors per month Communications/ Marketing Eco. Dev.478 500 303 442 ≥ 550 568 CloseBuy.com business exposures per quarter (includes internet search engine visits) Communications/ Marketing Eco. Dev.N/A 95,000 144,911 447,598 ≥ 125,000 809,693 CloseBuy.com business directory queries per quarter Communications/ Marketing Eco. Dev.N/A 1,000 1,409 5,787 ≥ 1,500 7,525 Number of complaints regarding trash or recycling services Solid Waste and Recycling Core Service 124 149 132 104 ≤ 150 56 Percentage of board, commission, and committee members that have completed Texas Open Meeting Act training City Secretary Sust. Gov't < 50%< 50%< 50%89%= 100%90% Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 YTD Tax rate per hundred dollars of valuation City Council Sust. Gov't $0.3559 $0.3559 $0.3559 $0.3559 $0.3559 Average pounds recycling per home/per collection Solid Waste and Recycling Core Service 9.2 12.2 11.5 11.9 11.5 Number of household hazardous waste collections (at Fort Worth ECC and Clean Sweep event) Solid Waste and Recycling Core Service 486 524 572 553 213 Visits to Colleyville.com Communications Core Service 235,217 260,000 300,605 318,759 168,277 E-newsletter subscribers Communications Core Service 1,064 1,300 1,679 2,621 2,721 Number of public information requests City Secretary Core Service 147 196 217 260 151 Number of citizen survey responses City Manager's Office Sust. Gov't N/A 1,665 N/A 1,323 N/A ADMINISTRATION Pe r f o r m a n c e M e a s u r e s Vi t a l S t a t i s t i c s Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 Target FY 2015 YTD Percent of requisitions converted to purchase orders in < 3 days Finance Sust. Gov't N/A 100%99%99%≥ 99%≥ 99% Number of audit adjustments in period 13 closing Finance Sust. Gov't 20 14 12 10 ≤ 12 Annual Measure Level of Texas Comptroller Circle of Leadership Award (for transparency in reporting) Finance Sust. Gov't N/A N/A Silver Silver Silver Silver Percentage warrants issued within 10 day (formerly 8 day) period after due date or court date Municipal Court Core Service New Measure New Measure New Measure 97%≥ 97%98% Billing accuracy rate Utility Billing Core Service 99.0%98.3%99.0%98.6%≥ 99.5%98.0% Percentage of service orders closed out on time Utility Billing Core Service 100%100%100%100%= 100%100% Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 YTD Percent of ACH payments to total accounts payable Finance Sust. Gov't New Measure New Measure New Measure 16%26% Number of citations filed per FTE Municipal Court Core Service 3,900 4,000 4,268 4,610 1,999 Number of bench trials vs. jury trials set Municipal Court Core Service New Measure New Measure New Measure 67 / 44 25/9 Percentage of automatic draft customers/total customers Utility Billing Core Service 13%15%15%19%20% Percentage of customers paying before cutoff Utility Billing Core Service 97%97%97%97%96% Uncollectible accounts written off at year end (water & sewer)Utility Billing Core Service N/A $34,628 $30,500 $26,080 Annual Measure FINANCE Pe r f o r m a n c e M e a s u r e s Vi t a l S t a t i s t i c s Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 Target FY 2015 YTD Percentage turnover (per fiscal year)Human Resources Sust. Gov't 15%12%22%15.00%≤ 10%8.08% Percentage of annual performance evaluations completed on time Human Resources Sust. Gov't New Measure 36%25%98%≥ 90%N/A Percentage of employees who participate in wellness program Human Resources Sust. Gov't New Measure 80%78%86%≥ 80%N/A Workers' compensation experience modification factor (actual losses compared to expected losses) Human Resources Sust. Gov't New Measure New Measure 0.48 0.45 ≤ 0.85 0.64 Medical and pharmacy loss ratio (paid claims divided by premiums)Human Resources Sust. Gov't New Measure New Measure 66%75.8%≤ 85%105.6% Percentage of product requests completed on time Graphical Information Services (GIS) Sust. Gov't 98%90%82%87.88%≥ 85%88.88% Percentage of address responded to within 30 days Graphical Information Services (GIS) Sust. Gov't 100%96%64%89.13%≥ 90%100% Percentage of broadcast uptime Network/Desktop Services Sust. Gov't 98.65%99.99%99.82%99.86%≥ 99%99.77% Percentage of work orders completed on time Network/Desktop Services Sust. Gov't 86%80%87%78.00%≥ 95%78.00% Percentage of network data and telecommunications uptime Network/Desktop Services Sust. Gov't 99.84%99.99%99.83%99.73%≥ 99%99.61% Percentage of IT work plan projects completed on time Network/Desktop Services Sust. Gov't 80%80%100%96.88%= 100%100% Percentage of data backup success Network/Desktop Services Sust. Gov't 94%95%91%90.91%= 100%88.23% Program Focus Area FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 YTD Vi t a l S t a t i s t i c s Total number of equipment pieces maintained by department Network/Desktop Services Sust. Gov't 410 430 419 569 569 INTERNAL SERVICES Pe r f o r m a n c e M e a s u r e s Dashboard Report Performance Measures & Vital Statistics Fiscal Year 2015 - Quarter 2 Strategy Map Connection: Sustainable Government The metrics highlighted each quarter will focus on one of the four focus areas from Colleyville’s Strategy Map. EMS Services Percent of ACH payments to total accounts payable Resident Participation Rates FY 2015 YTD Medical and Pharmacy Loss Ratio (Paid Claims / Premiums) FY 13 FY 14 FY 15 YTD EMS Related Responses 829 950 477 Ambulance Billing Revenue $323,672 $399,312 $172,210 Percentage of billed services recovered 30% 32% 28% Senior Center membership Visits 63% 37% residents non-residents Youth Sports Participants Recreation Class Participants 48% 52% residents non-residents 47% 53% residents non-residents Percent of facilities work orders responded to within one business day ST R A T E G Y M A P Co l l e y v i l l e i s a m o d e l c i t y w i t h a t t e n t i o n t o b e i n g a n e f f i c i e n t a n d a t t r a c t i v e n e i g h b o r h o o d - o r i e n t e d c o m m u n i t y se n s i t i v e t o o u r h i s t o r y , r e s o u r c e s a n d r e s i d e n t s . W e d o t h is b y p r o v i d i n g c i t i z e n v a l u e d s e r v i c e s t h a t r e s u l t i n a co n t i n u o u s l y i m p r o v i n g q u a l i t y o f l i f e . In t e g r i t y  Se r v i c e  In n o v a t i o n DE L I V E R O N O U R F O C U S A R E A S Pr o t e c t a n d P r e s e r v e C o l l e y v i l l e ’ s N e i g h b o r h o o d s ● Su s t a i n a b l e G o v e r n m e n t ● Ec o n o m i c D e v e l o p m e n t ● Co r e S e r v i c e s SE R V E O U R C U S T O M E R S MA N A G E T H E B U S I N E S S PR O V I D E F I N A N C I A L S T E W A R D S H I P PR O M O T E L E A R N I N G & G R O W T H CRITICAL BUSINESS OUTCOMES 2014 CBO1- Maximize the highest and best use of the City’s business corridors CBO2- Implement the Comprehensive Plan CBO3- Address the most critical infrastructure needs CBO4- Keep citizens informed through their preferred methods CBO5- Address traffic issues on Glade Rd. CBO6- Look for ways to finish SH26 L1 - A t t r a c t , d e v e l o p , an d r e t a i n s k i l l e d em p l o y e e s w h o em b r a c e o u r v a l u e s F1 - P r o t e c t a n d p r e s e r v e th e C i t y ’ s t o p f i n a n c i a l ra t i n g s F2 - I n v e s t t o p r o v i d e a n d ma i n t a i n h i g h q u a l i t y pu b l i c a s s e t s B1 - S e e k i n n o v a t i v e te c h n o l o g y so l u t i o n s w h e r e ap p r o p r i a t e B2 - P r o a c t i v e l y s e e k pr o c e s s im p r o v e m e n t s a n d su s t a i n a b l e s o l u t i o n s C1 - P r o v i d e a t t r a c t i v e a n d un i q u e s p a c e s f o r e n j o y m e n t of p e r s o n a l i n t e r e s t s a n d co m m u n i t y i n t e r a c t i o n C2 - D e l i v e r h i g h qu a l i t y a n d un i q u e c u s t o m e r se r v i c e C3 - A t t r a c t a n d r e t a i n h i g h qu a l i t y b u s i n e s s e s t o p r o v i d e a t h r i v i n g , d i v e r s i f i e d t a x ba s e t h a t a t t r a c t s v i s i t o r s C4 - P r o v i d e m o b i l i t y en h a n c e m e n t s t h a t co m p l e m e n t ne i g h b o r h o o d s C5 - A c h i e v e t h e hi g h e s t s t a n d a r d s of s a f e t y & s e c u r i t y L2 - F o s t e r po s i t i v e em p l o y e e en g a g e m e n t L3 - E n s u r e o u r p e o p l e un d e r s t a n d t h e st r a t e g y a n d h o w t h e y co n t r i b u t e t o i t L4 - E n h a n c e l e a d e r s h i p ca p a b i l i t i e s t o d e l i v e r re s u l t s a n d d e v e l o p be n c h s t r e n g t h L5 - E m p o w e r i n f o r m e d de c i s i o n - m a k i n g a n d ap p r o p r i a t e r i s k t a k i n g a t a l l le v e l s i n t h e o r g a n i z a t i o n F3 - F o r e c a s t n e e d s a n d p l a n f o r t h e fu t u r e , b a l a n c i n g p r i o r i t i e s w i t h re s o u r c e s B5 - U s e t h e S t r a t e g y M a p t o e n s u r e th a t t h e f o c u s s t a y s o n t h o s e pr o g r a m s a n d s e r v i c e s i d e n t i f i e d a s pr i o r i t i e s b y t h e c o m m u n i t y F4 - A d h e r e t o t h e C i t y ’ s fi n a n c i a l a n d b u d g e t a r y po l i c i e s B4 - C u l t i v a t e a c u l t u r e of t r a n s p a r e n c y a n d co n s i s t e n t co m m u n i c a t i o n B3 - U t i l i z e p a r t n e r s h i p s to i m p l e m e n t c o s t - ef f e c t i v e s e r v i c e so l u t i o n s 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 05/12/2015 Type Regular Agenda Items Department City Manager Title Presentation of the quarterly investment report for the quarter ended March 31, 2015 Strategy Map Connection Explanation During the period of January 1, 2015 through March 31, 2015, the City of Colleyville had an average of $53,691,321 invested on a daily basis, which earned $34,602, with an average yield of 0.26%. The average yield on investments for this quarter is 0.02% higher than the prior quarter's average of 0.24%. As of March 31, 2015, the City had $54,128,413 invested in the LOGIC Investment Pool, CDARS Certificates of Deposit, and various debt instruments in the following percentages: Logic 46.53% FFCB Notes 22.26% FHLB Notes 20.41% CDARS CD’s 8.40% Treasury Note 2.40% These percentages are within the guidelines for portfolio diversification in the City's investment policy. The market value of the City's investments on March 31, 2015 was $24,419,488 as compared to a purchase price of $24,436,896 (this excludes LOGIC Investment Pool and CDARS Certificates of Deposit). The Colleyville Economic Development Corporation currently holds a Treasury Note ($500,000) with a market value of $500,235 and a purchase price of $500,395. Additionally, $998,493 was invested in the Corporation's name in the LOGIC Investment Pool. These funds earned interest of $480 for the quarter. This report was presented to the Audit Committee at their May 5, 2015 meeting. Attachments 1.Quarterly investment report for the quarter ended March 31, 2015 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-5 Agenda Date 05/12/2015 Type Pre Council Department City Secretary Title Discussion of the May 12, 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 05/12/2015 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 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 551.071 - Legal - Consultation with attorney regarding litigation - Village Monticello Partners, LTD. v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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-15-3873 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MAY 12, 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 12TH DAY OF MAY 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 4 Agenda Date 05/12/2015 Type Announcements, Proclamations, and Presentations Department City Manager Title In recognition of Colleyville's featured business - Milwaukee Joe's Gourmet Ice Cream - Mike and Donna Perry, Owners, The Village at Colleyville, 33 Main Street, Suite 100 - Mayor David Kelly and Economic Development Director Marty Wieder Proclamation in recognition of National Police Week, May 10-16, 2015 - Mayor David Kelly and Police Chief Mike Holder Proclamation in recognition of National Public Works Week, May 17-23, 2015 - Mayor David Kelly and Public Works Director Bob Lowry Attachments 1.Proclamation in recognition of National Police Week 2.Proclamation in recognition of National Public Works Week RESOLUTION R-15-3874 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MAY 12, 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: 5a Approval of the minutes of the regular City Council meeting of May 5, 2015 5b Approval of the Agreement for Professional Services and Employment of the City Manager 5c Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to represent the City of Colleyville at the Trinity River Authority's Tarrant County Water Supply Project Customer City meetings 5d Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System 5e Approval of the use of Voluntary Park Funds for the purchase and installation of benches and trash receptacles at Sparger Park 5f Authorization to operate the splash pad at McPherson Park with lower flow nozzles, on the previously established dates, days, and times in the summer of 2015 AND IT IS SO RESOLVED. Resolution R-15-3874 Page 2 of 2 APPROVED BY A VOTE OF ____ AYES, ____ NAYS, AND ____ ABSTENTIONS ON THIS THE 12TH DAY OF MAY 2015. ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 5, 2015 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on May 5, 2015, at 5:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart 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, Community Development Director Abra Nusser, Project Engineer Adam Marsh, Recreation and City Events Manager Lisa Escobedo, Recreation and Library Director Mary Rodne, Parks Manager James Hubbard, Colleyville Center Manager Leslie Hill, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley PC-1 Presentation and discussion of City building and facility rentals Recreation and Library Director Mary Rodne presented this item and briefed City Council. Mayor Kelly asked staff if the Library would be opened up, if Colleyville Center is booked. Director Rodne replied yes. Mayor Kelly asked staff if tables and chairs would be available from Colleyville Center for the Library, if Colleyville Center is booked. Director Rodne replied not always. Mayor Pro Tem Taylor asked staff if both facilities could be set-up at the same time. Director Rodne replied it would depend upon the event and type of set-up. Mayor Kelly stated it would put strain on the Colleyville Center staff if they have to do two events on the same day. City Manager Jennifer Fadden explained that the Library is not currently being utilized for events, other than Library events. Councilmember Wollin asked staff if the tables seat eight or ten people. Director Rodne replied the tables at the Library seat eight, comfortably. She added they ae smaller than the ones at the Colleyville Center. City of Colleyville Page 2 City Council Minutes - DRAFT May 5, 2015 Mayor Pro Tem Taylor stated given the Library’s hours of operation, it is not available for night and weekend events. Director Rodne replied yes, and if it were to be used at night for City meetings, extra staff has to be brought in to watch the floors during the meeting. Councilmember Mogged questioned staff regarding how often there are conflicts in which the Library would need to be used as a back-up. Colleyville Center Manager Leslie Hill replied it is an anomaly when the Library would need to be used because the Colleyville Center is booked. She added it is typically a bride who is desperate for a Saturday wedding and the Colleyville Center is booked. She stated Colleyville Center is available Monday through Thursday for civic organizations and their meetings; therefore, it has not become a huge issue. Councilmember Putnam asked staff if they want to manage a back-up facility. Manager Hill stated it would stretch Colleyville Center staff considerably, and it is really more about having to move and keep up with assets. She stated the software is not set so that the Center and the Library staff would know when events are or are not taking place. She stated she preferred not to do so with existing staff. Mayor Kelly stated the Library has equipment that would need to be watched when events are taking place which will add an increase in costs, which may need to be passed on to the customer. Councilmember Short stated he believed the events would only be taking place during the hours in which the Library is open. Director Rodne agreed. Mayor Kelly stated that becomes even more of an issue, since there are kids at the facility, so the event would need to be appropriate with kids running around. Mayor Pro Tem Taylor stated the Lions Club seems to be happy with what has been worked out, but he asked staff if there have been any other requests. Director Rodne replied that when they have requests, staff will refer them to Colleyville Center. Manager Hill added there is typically a four hour window that needs to be allowed for the set-up or tear-down of an event. Councilmember Mogged stated it is good to know that if the demand increases these scenarios could take place. Councilmember Hart stated the Senior Center seems to be the better back-up, as far as size goes. Councilmember Short asked staff if the sports associations have inquired about Colleyville Center. Manager Hill replied not really. Mayor Kelly stated he believed the organizations have gotten so big that they use other facilities. City of Colleyville Page 3 City Council Minutes - DRAFT May 5, 2015 Councilmember Short asked staff if the cost is too prohibitive for those organizations. Manager Hill replied she did not believe cost is the issue, since the civic organizations pay $60 for a four-hour rental. Mayor Kelly asked City Council if there is a need to change the rental policy. Councilmember Putnam stated he did not see a reason to change it. Mayor Pro Tem Taylor stated it did not seem necessary to increase costs for the few times in which there might be an issue. PC-2 Presentation and discussion of the operation of the splash pad at McPherson Park during summer 2015 Parks Manager James Hubbard presented this item and briefed City Council. Councilmember Mogged questioned staff regarding what happened during the September 2011 time period. Manager Hubbard replied Stage 1 watering restrictions were enacted, and then they were relieved prior to the opening in 2012. Councilmember Putnam questioned staff who made the Stage 1 watering restrictions permanent. Manager Hubbard replied the trigger is 75 percent, and as of today, it was at 82.7 percent; therefore, Stage 1 restrictions could be lifted any day. Mayor Pro Tem Taylor asked staff, for clarification, that if no buttons are pushed, during the normal operating hours, there is no water flowing. Manager Hubbard replied yes. Mayor Pro Tem Taylor asked staff if the water evaporation loss has ever been calculated. Manager Hubbard replied a recirculation system will still need about 2,000 gallons of water a day to account for evaporation and back-washing. Mayor Kelly asked City Council if the low-flow valves should be installed. City Councilmembers agreed. Councilmember Short asked staff if the low-flow valves will affect how the splash pad will work. Manager Hubbard stated a little less water will come out. He added not all of the play elements are compatible with the low-flow valves. Mayor Kelly asked City Council if the splash pad should be open all season. Councilmember Wollin replied it should be opened, but maybe consider reducing the hours of operation during the day. Manager Hubbard replied on an average 10 hour day, the splash pad is active for about 8 hours. City of Colleyville Page 4 City Council Minutes - DRAFT May 5, 2015 Councilmember Short stated it is an amenity that is not used. Councilmember Wollin stated the kids love it and the shaded area allows for the moms to go and watch and have picnics. Councilmember Hart questioned staff regarding how long it would take to install the low-flow valves. Manager Hubbard replied it should be finished before opening on Memorial Day weekend; however, the shipping of the valves may delay the opening. Mayor Kelly stated being concerned that we are we setting a bad example of not conserving water, even with the low-flow valves, even though we ask the residents to be conservative. Councilmember Wollin stated if we cut one-hour from the hours of operation, then we are conserving water by about 10 percent. Mayor Kelly stated it is still about 3,000,000 gallons of water. Councilmember Short asked staff how that relates to the average home of water usage over the summer months. Mayor Kelly stated the average is 20,000 gallons each month and at 3,000,000, that is 150 homes. Councilmember Putnam stated we agreed to have this amenity, and this year since we have water, we should find a way to make it work, maybe by reducing the hours of operation. Councilmember Mogged concurred. Councilmember Short stated the low-flow valves should be installed, and the splash pad should be open during regular hours. Councilmember Putnam stated the use can always be revisited. Councilmember Hart agreed. PC-3 Discussion of the May 5, 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 7:31 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart 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 City of Colleyville Page 5 City Council Minutes - DRAFT May 5, 2015 Riley, Economic Development Director Marty Wieder, Community Development Director Abra Nusser, Project Engineer Adam Marsh, Parks Manager James Hubbard, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, 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 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 551.087 – 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 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, 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 Ricky Texada, Colleyville Covenant 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-15-3870 This resolution was not needed. City of Colleyville Page 6 City Council Minutes - DRAFT May 5, 2015 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Public Service Recognition Week, May 3-9, 2015, - Mayor David Kelly and City Manager Jennifer Fadden Mayor Kelly and City Manager Jennifer Fadden introduced City employees with 20 years or more employment, in recognition of Public Service Recognition Week. The following employees were present for recognition: Warrant Officer John Fossett, Fleet Manager Tim Mathis, Assistant City Manager/Chief Financial Officer Terry Leake, Pump Maintenance Operator Scott Ham, Fire Department Engineer Scott Wrisley, and Police Sergeant Chuck Tinsman. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3871 4a Approval of the minutes of the regular City Council meeting of April 21, 2015 4b Consideration of a final plat on Abstract 685, of the J. Havens Survey, Abstract 173, of the S. C. H. Witten Survey, and Abstract 441, of the Jesse Doss Survey, located at 2800 Heritage Avenue, Creekside Phase Four of the Creekside at Colleyville Addition, Case PC15-008 4c Approval of an updated Integrated Mosquito Management Program Mayor Kelly read Resolution R-15-3871 in its entirety. Mayor Kelly opened the public hearing at 7:42 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:42 p.m. Councilmember Short moved to approve Resolution R-15-3871. Councilmember 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 City of Colleyville Page 7 City Council Minutes - DRAFT May 5, 2015 5.ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-15-1951 Consideration of a Special Use Permit for an accessory building on Lot 3R1, Block 1, of the Pleasant Oaks Estates Addition, located at 601 Shelton Drive, Case ZC15-002 Mayor Kelly read the caption of Ordinance O-15-1951. Project Manager Adam Marsh presented this item and briefed the City Council. Mayor Kelly opened the public meeting at 7:47 p.m. Jeff Vanderpool, 601 Shelton Drive, the applicant and property owner, was present; however, no other presentations were made. There was no one else present wishing to speak and Mayor Kelly closed the public hearing at 7:48 p.m. Mayor Kelly asked Mr. Vanderpool if his own horses would be located in the accessory building. Mr. Vanderpool replied yes, a couple of horses and a boat would be stored in the building. Mayor Pro Tem Taylor asked Mr. Vanderpool if there will be any oil issues on the property, such as with the changing of oil in a vehicle. Mr. Vanderpool replied it will not be used for a garage facility, it will be used for the horses, and a boat. This was a first reading; therefore, City Council did not take any action. 5b Ordinance O-15-1952 Consideration of an amendment to the PUD-C-Planned Unit Development Commercial zoning requirements on Abstract 1154, of the R. H. McEwing Survey located at 8092 Precinct Line Road, Case ZC15-005 Mayor Kelly read the caption of Ordinance O-15-1952. Project Manager Adam Marsh presented this item and briefed the City Council. Mayor Kelly opened the public meeting at 7:56 p.m. Paul Moss, 3607 Wooded Creek, Arlington, the representative for the applicant, presented this item and briefed the City Council. City of Colleyville Page 8 City Council Minutes - DRAFT May 5, 2015 There was no one else present wishing to speak and Mayor Kelly closed the public hearing at 7:57 p.m. Mayor Kelly asked staff if there was one building designated for medical office with the original ordinance in 2010. Engineer Marsh replied nothing was designated for this property. Councilmember Wollin stated she had hoped there would be some commercial incorporated on the hard corner of Lavaca Trail and Precinct Line Road other than medical office. Mayor Kelly questioned Mr. Moss regarding the proposed tenants. Mr. Moss replied the smaller tract is going to be an orthodontist, and the other two buildings do not currently have tenants. This was a first reading; therefore, City Council did not take any action. 5c Ordinance O-15-1953 Consideration of a Special Use Permit for an accessory building on Lot 12, Block 4, of the Ashmore Addition, located at 2705 Highgrove Court, Case ZC15-006 Mayor Kelly read the caption of Ordinance O-15-1953. Project Manager Adam Marsh presented this item and briefed the City Council. Mayor Kelly opened the public meeting at 8:02 p.m. Kelly Fontenot, 2705 Highgrove Court, the applicant and property owner, was present; however, no other presentations were made. There was no one else present wishing to speak and Mayor Kelly closed the public hearing at 8:03 p.m. This was a first reading; therefore, City Council did not take any action. 5d Ordinance O-15-1954 Consideration of an amendment to the Special Use Permit requirements on Lot 1R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC15-007 Mayor Kelly read the caption of Ordinance O-15-1954. Project Manager Adam Marsh presented this item and briefed the City Council. Mayor Kelly opened the public meeting at 8:07 p.m. City of Colleyville Page 9 City Council Minutes - DRAFT May 5, 2015 Sara Smith, 8705 Sabinas Trail, Fort Worth, applicant and general manager for Ace Hardware, presented this item and briefed the City Council. Geoffrey Owen, 809 Creekview Lane, spoke in support of this request and stated the outdoor storage is an eyesore. He stated having concerns about the open dumpster, and stated he would like for it to be enclosed. Joel Hart, 713 Creekview Lane, spoke in support of this request. He stated being concerned about pallets being stacked at eight feet. There was no one else present wishing to speak and Mayor Kelly closed the public hearing at 8:12 p.m. Councilmember Mogged questioned Ms. Smith regarding the safety of the products being stacked at eight feet in height. Ms. Smith replied most of the time, the pallets do not come stacked at eight feet; however, when they are stacked at that height, the manufacturer packs them tightly with shrink wrap. Mayor Kelly stated he would like the higher pallets to be roped off so that safety does not become an issue, especially for the customers. Ms. Smith explained the process of how the pallets will be stacked, put in rows, or off-loaded. Mayor Pro Tem Taylor stated being concerned about the pallets or products being stored in the front parking lot. Ms. Smith stated her associates make every effort to ensure the garden centers and other product areas are safe and stable. Councilmember Wollin state the Oakleaf hollies will be great for screening, especially since they will be dense. She then asked Ms. Smith about when the plants will be installed. Ms. Smith replied she will be planting them as soon as this item is approved. Councilmember Wollin suggested the soil should be augmented. Mayor Kelly asked Councilmember Wollin about the growth rate of the plants. Councilmember Wollin replied they will reach about 14 to 18 feet in height. Mayor Kelly stated he would like a clause in the proposed ordinance that would allow for staff discretion to consider any amendments that may seem administrative, so that the applicant can move forward and not be delayed. City Councilmembers agreed. This was a first reading; therefore, City Council did not take any action. 5e Ordinance O-15-1955 Approval of a boundary adjustment between the City of Euless and the City of Colleyville City of Colleyville Page 10 City Council Minutes - DRAFT May 5, 2015 Mayor Kelly read the caption of Ordinance O-15-1955. Executive Director of Development and Infrastructure Chris Fuller presented this item and briefed the City Council. Mayor Kelly opened the public meeting at 8:24 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this request. There was no one else present wishing to speak and Mayor Kelly closed the public hearing at 8:25 p.m. Mayor Kelly asked staff if Euless would then rework the bridge. Director Fuller replied at approximately 100 feet to the north is a small bridge that Euless will own, operate, and maintain. Mayor Kelly asked staff if Euless will then be responsible for all future maintenance of the roadway. Director Fuller replied yes, the portion outlined in the exhibit would be owned and maintained by Euless. Mayor Kelly asked staff if Euless will be responsible for any intersection improvements at Heritage Avenue and Cheek-Sparger Road. Director Fuller replied yes. Mayor Kelly asked staff if Colleyville, and other residents will still have full access to drive Heritage Avenue. Director Fuller replied yes. Mayor Kelly asked staff if any future developers will be allowed driveway cuts onto Heritage Avenue. Director Fuller replied the City of Colleyville has memorialized any driveway cuts needed along Heritage Avenue. This was a first reading; therefore, City Council did not take any action. 6.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Julia Barth, 4810 Shadywood Lane, spoke regarding the resolution on the ballot, the process in which a law should be drafted, and traffic definitions. She stated having concerns about the language in the resolution on the ballot, and urged citizens to vote against it. James Hamilton, 4504 Lakeside Drive, thanked the Mayor, City Council, and staff for their service; spoke in opposition to the resolution on the ballot; and urged citizens to vote against it. City of Colleyville Page 11 City Council Minutes - DRAFT May 5, 2015 Kathy Hadley, 204 Timberline Drive North, spoke regarding the quiet country atmosphere; being opposed to curbs on Glade Road; being opposed to the widening of Glade Road; wildlife; the landscaping along the medians at Town Center; stated being in support of the resolution on the ballot; and urged citizens to vote for it. Lindsay Frohm, 7008 Orchard Hill Court, spoke regarding the resolution on the ballot, and urged citizens to vote against it. 7. REPORTS Colleyville Events Steering Committee meeting minutes - September 24, 2014 Planning and Zoning Commission meeting minutes - March 23, 2015 There was no discussion of this item. 8.ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MAY 5, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3872 This item was not needed. 9. ADJOURNMENT There being no further business before the City Council, Mayor Kelly adjourned the City Council meeting at 8:46 p.m. APPROVED BY A VOTE OF __ AYES, __ NAYS, AND __ ABSTENTIONS ON THIS THE 12TH DAY OF MAY 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 5b Agenda Date 05/12/2015 Number Resolution R-15-3874 Type Resolution Department City Council Title Approval of the Agreement forProfessional Services and Employment of the City Manager Strategy Map Connection L1- Attract, develop, and retain skilled employees who embrace our values Explanation Reading and Public Hearing This item provides for the Agreement for Professional Services and Employment of the City Manager. 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 5c Agenda Date 05/12/2015 Number Resolution R-15-3874 Type Resolution Department City Manager Title Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to represent the City of Colleyville at the Trinity River Authority's Tarrant County Water Supply Project Customer City meetings Strategy Map Connection B3- Utilize partnerships to implement cost-effective service solutions Explanation Reading and Public Hearing The City of Colleyville is a member of the Trinity River Authority's (TRA) Tarrant County Water Supply Project, which provides all of the City's treated water. Each city that contracts with the Tarrant County Water Project is invited to attend customer city meetings where the annual budget, bond refunding opportunities, and capital improvement projects are reviewed. At these meetings, the customer cities (Bedford, Colleyville, Euless, Grapevine, and North Richland Hills) are often asked to vote on the matters presented. The Tarrant County Water Supply Project does not have bylaws. TRA's Central Regional Wastewater System Advisory Committee Bylaws contain a provision requiring that the member "City's governing body shall annually appoint one of the members of its governing body or one of it officers as a voting member of the Advisory Committee for the Authority's Central Regional Wastewater System" and that representative may serve until further notice by the Contracting Party. Additionally, it is stated that "the term of membership on the Advisory Committee shall be for twelve (12) months". There is also a provision in the bylaws specifying that an Alternate Representative be appointed to serve as the voting member of the contracting party, in the event its appointed representative is unable to attend an Advisory Committee meeting. If neither appointed representative is present at the Advisory Committee meeting, the City will not be able to vote on any of the meeting's business matters. Per the attached letter dated April 21, 2015, from Fiona Allen, TRA Northern Region Manager, TRA is requesting that a Contracting Party Representative and Voting Member and an Alternate Contracting Party Representative be appointed by contracting cities of Tarrant County Water Supply Project on an annual basis. It is recommended that Jeremy Hutt, City Engineer, be appointed as the City of Colleyville's Contracting Party Representative and Voting Member and Karen Hines, City Council Agenda Briefing 5c City of Colleyville Page 2 Finance Manager, be appointed as the Alternate Contracting Party Representative to the Tarrant County Water Supply Project for a 12 month period. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Letter dated April 21, 2015, from Fiona Allen - Trinity River Authority 2.Tarrant County Water Supply Project voting member form Trinity River Auth o rity of Te xa s Northern Region Office DATE : April 21, 2015 FILE: 7002.102 T O: MEMBERS, Customer Cities Tarrant County Water Supply Project RE: Authorized Contracting Party Representative and Authorized Alternate Representative To create consistencies between the TRA's operating projects, we request that each Tarrant County Water Supply Project contracting party designate a representative and an alternate representative to attend and take any necessary action at customer city meetings. Please complete the attached authorized representative and alternate representative form and have it executed by your authorized official. Please return this form no later than June 1, 2015. You may send an electronic copy to Cheryl Abbott at abbottc@trinityra .org . If you have any questions, please contact me at 817-493-5100 or allenf@trinityra .org . FIONA M. ALLEN, P.E . Regional Manager Northern Region Icea Enclosure TARRANT COUNTY WATER SUPPLY PROJECT Designated Representative and Alternate Representative CONTRACTINGPARTY: ________________________________________ _ Please appoint below an authorized representative and alternate representative to represent your city in the Tarrant County Water Supply Project Customer City meetings . This appointment will be effective for a one year period . CONTRACTING PARTY REPRESENTATIVE ALTERNATE REPRESENTATIVE Name Name Title Title Address Address Email Email Phone Phone Cell Phone Cell Phone MAYOR/CITY MANAGER DATE FORM MUST BE RECEIVED BY JUNE 1, 2015. Please complete form and return to: Cheryl Abbott Trinity River Authority of Texas Northern Region P. O . Box 240 Arlington, TX 76004-0240 FORM MAY ALSO BE SENT ELECTRONICALLY TO abbottc@trinityra .org . If you have questions, please contact Cheryl Abbott at 817-493-5100 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 5d Agenda Date 05/12/2015 Number Resolution R-15-3874 Type Resolution Department City Manager Title Appointment of a Contracting Party Representative and Alternate Contracting Party Representative to the Advisory Committee of the Trinity River Authority's Central Regional Wastewater System Strategy Map Connection B3- Utilize partnerships to implement cost-effective service solutions Explanation Reading and Public Hearing The City of Colleyville is a member of the Trinity River Authority's (TRA) Central Regional Wastewater System, which treats all of the City's wastewater. Each city that contracts with the Central Regional Wastewater System is a member of the Advisory Committee, which reviews the annual budget, bond refunding opportunities, and capital improvement projects. Per the attached letter dated April 21, 2015 from TRA, Central Regional Wastewater System Advisory Committee Bylaws and the contract between TRA and its member cities requires that the member "City's governing body shall annually appoint one of the members of its governing body or one of its officers as a voting member of the Advisory Committee for the Authority's Central Regional Wastewater System" and that representative may serve until further notice by the Contracting Party. Additionally, it is stated that "the term of membership on the Advisory Committee shall be for twelve (12) months". There is also a provision in the bylaws specifying that an Alternate Representative be appointed to serve as the voting member of the contracting party, in the event its appointed representative is unable to attend an Advisory Committee meeting. If neither appointed representative is present at the Advisory Committee meeting, the City will not be able to vote on any of the meeting's business matters. On August 16, 2011, City Council appointed Terry Leake, Assistant City Manager / Chief Financial Officer, as the City of Colleyville's Contracting Party Representative and Voting Member and Bob Lowry, Public Works Director, as the Alternate Contracting Party Representative. They were subsequently reappointed by City Council on June 19, 2012, May 14, 2013, and May 13, 2014. It is proposed that new representatives be selected for this next annual term. The proposed representatives are Jeremy Hutt, City Engineer, as the primary City of Colleyville's Contracting Party Representative and Karen Hines, Finance Manager, as the Alternate Contracting Party Representative. City Council Agenda Briefing 5d City of Colleyville Page 2 Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Letter dated April 21, 2015, from Fiona Allen - Trinity River Authority 2.Central Regional Wastewater System voting member form Trinity River Authority of Texas Northern Region Office DATE: April 21 , 2015 FILE: 3110 .102 TO : MEMBERS , Advisory Committee Central Regional Wastewater System RE : Authorized Contracting Party Representative and Authorized Alternate Representative The Contract between the Trinity River Authority and each Contracting Party states that "the City 's governing body shall annually appoint one of the members of its governing body or one of its officers as a voting member of the Adv isory Committee for the Authority's Central Wastewater Treatment System." The contract further states "the term of membership on the Advisory Committee shall be for twelve (12) months " and also "A member may serve more than one (1) term if so appointed by the governing body represented. The Central Regional Wastewater System Bylaws specify that an alternate representative be appointed to serve as the voting member of the contracting party in the event its appointed representat ive is unable to attend an Advisory Committee . To be in compliance with the contracting parties ' contracts and Central Regional Wastewater System Bylaws, please complete the attached form and have it executed by your authorized official. A letter from your city will also be acceptable . It is requested that this form be returned to us by June 1, 2015. You may also send an electronic copy to Cheryl Abbott at abbottc@trinityra.org . If you have any questions about this , please contact me at 817 -493-5100 or allenf@trinityra.org . FIONA M. ALLEN , P.E. Regional Manager Northern Region Icea CENTRAL REGIONAL WASTEWATER SYSTEM ADVISORY COMMITTEE CONTRACTING PARTY : ____________________ _ In accordance with Section 6 .11 ADVISORY COMMITTEE of the Contracting Party Contracts and the Bylaws of the Central Regional Wastewate r System , the following individual has been appointed as the Contracting Party Representative and Voting Member for a twelve month period. In add ition, an Alternate Contracting Party Representative is also named. CONTRACTING PARTY REPRESENTATIVE ALTERNATE REPRESENTATIVE Name Name Title Title Address Address Email Email Phone Phone Cell Phone Cell Phone MAYOR/CITY MANAGER DATE FORM MUST BE RECEIVED BY JUNE 1, 2015. Please complete form and return to : Cheryl Abbott Trinity River Authority of Texas Northern Region P. O. Box 240 Arlington, TX 76004-0240 FORM MAY ALSO BE SENT ELECTRONICALLY TO abbottc@trinityra .org . If you have questions, please contact Cheryl Abbott at 817 -493-5100 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 5e Agenda Date 05/12/2015 Number Resolution R-15-3874 Type Resolution Department Parks and Recreation Title Approval of the use of Voluntary Park Funds for the purchase and installation of benches and trash receptacles at Sparger Park Strategy Map Connection C1- Provide attractive and unique spaces for enjoyment of personal interests and community interaction B2- Proactively seek process improvements and sustainable solutions F2- Invest to provide and maintain high quality public assets Explanation In response to recent citizen requests, staff has developed a proposal for additional and improved amenities at Sparger Park, the City’s second most frequented park according to the 2014 Citizen Survey. The proposed improvements would bring a total of three (3) new benches and five (5) new trash receptacles to the park. The installation of the benches and trash cans will require four (4) new concrete pads to be poured. The proposed location of the new benches and trash receptacles, seen in the attached exhibit, would provide evenly spaced seating around the .4 mile loop trail within the park. There is currently only one “general purpose” bench at the park, as other benches are located directly adjacent to the Veterans Memorial or the playground. Four (4) of the five (5) new trash receptacles would replace the existing 55-gallon drum trash receptacles throughout the park. The proposed receptacles have a much longer useful life than the existing drums, which tend to rust and dent easily, and will be bolted down to prevent vandalism/misuse. They are superior in form and function, compared to the 55-gallon drum receptacles, and would serve to beautify the park. Staff feels this project would be very well received and the quality of the amenities being proposed would serve the many patrons of Sparger Park for years to come. To accomplish this project, staff is requesting approval by the City Council to utilize Voluntary Park Fund monies in an amount not to exceed $10,000. As of April 30, 2015 there was an unencumbered balance of $716,525 in the Voluntary Park Fund. This proposed project and funding source was reviewed and unanimously recommended for approval by the Parks and Recreation Advisory Board at the meeting on March 30, 2015. Should this project be approved by the City Council, completion would be expected by late 2015. City Council Agenda Briefing 5e City of Colleyville Page 2 Financial Impact With an available fund balance of $716,525, there is adequate funding in the Voluntary Park Fund for the proposed improvements at Sparger Park in the amount of $10,000. Recommendation Approve Attachments 1.Sparger Park Amenity Improvement Proposal Exhibit 2.Financial status of the Voluntary Park Fund at April 30, 2015 Sparger Park Amenity Improvement Proposal #* #* #* B e d f o r d R o a d Install 5 new trash receptaclesThis will include the removal and replacement of four existing 55-gallon drum trash receptacles. Install 3 new benchesBenches will match the existing bench at SpargerPark (pictured to the right). ^_ ^_^_ ^_ ^_ #*Approximate location ofproposed benches !(Existing bench ^_Proposed location of trash receptacles FINANCIAL STATUS OF VOLUNTARY PARK FUND AT 4-30-2015 FUND BALANCE AT 9-30-2014:$761,544 FY 2015 REVENUE Donations:PROJECTED ACTUAL October $13,293 $13,293 November $11,901 $11,901 December $14,843 $14,843 January $12,886 $12,886 February $12,964 $12,964 March $10,945 $10,945 April $10,717 $10,717 May $10,727 $0 June $10,737 $0 July $10,747 $0 August $10,757 $0 September $10,767 $0 Total Donations $141,284 $87,550 Interest income Received $500 $450 TOTAL $141,784 $87,999 FY 2015 EXPENDITURES RECOMMENDED APPROVED EXPENDED (PARKS BOARD)(COUNCIL)YEAR-TO-DATE BALANCE OF COTTONBELT TRAIL PHASE III ~~$44,954 $44,954 $0 BALANCE OF MCPHERSON - PHASE II <<$28,708 $28,708 $4,840 BALANCE OF FY 2014 LASER LEVELING OF BASEBALL FIELDS ##$4,355 $4,355 $0 REPLACEMENT OF SHADE PANELS - CITY PARK **$25,000 $25,000 $24,131 LASER LEVELING OF SOFTBALL FIELDS **$30,000 $30,000 $0 TOTAL $133,018 $133,018 $28,971 UNENCUMBERED FUND BALANCE AT 4-30-2015 (COUNCIL APPROVED) $716,525 PROJECTED FUND BALANCE AT 9-30-2015 $770,310 EXPENDITURE KEY: EXPENDITURE KEY: ~~ FY 2015 PROJECT/APPROVED JUNE 2001 << FY 2015 PROJECT/APPROVED JAN 2006 ## FY 2015 PROJECT/APPROVED NOV 2013 ** FY 2015 PROJECT/APPROVED OCT 2014 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 5f Agenda Date 05/12/2015 Number Resolution R-15-3874 Type Resolution Department Parks and Recreation Advisory Board Title Authorization to operate the splash pad at McPherson Park with lower flow nozzles, on the previously established dates, days, and times in the summer of 2015 Strategy Map Connection B2- Proactively seek process improvements and sustainable solutions F2- Invest to provide and maintain high quality public assets Explanation Reading and Public Hearing At the Pre Council meeting on May 5, 2015, the City Council reviewed options for operating the splash pad in the summer of 2015. The review included the consideration of installing lower flow nozzles to reduce water consumption throughout the splash pad season by an estimated 300,000 gallons. Additionally, in an effort to reduce water consumption, adjusting the hours and/or dates of the seasonal operation was also considered. It was determined that low flow nozzles should be installed, and that the splash pad should operate on the same dates, days, and times as were established when it opened in 2010. Stage 1 water restrictions are in place as required by Tarrant Regional Water District (TRWD), which supplies raw water to the City through Trinity River Authority. As of Friday, May 8, 2015, TRWD reported a system capacity of 83.3%. Per TRWD's Water Conservation and Drought Contingency Plan, Stage 1 water restrictions can only be terminated when the combined raw water supply in both reservoirs exceeds 95% of conservation storage or remains above 85% for 90 consecutive days, whichever occurs first. In accordance with the recently adopted 2015 Water Conservation and Drought Contingency Plan, the City Council must authorize the operation of the splash pad while under Stage 1 water restrictions by adoption of a resolution. Should this resolution be adopted, the splash pad at McPherson Park will operate from Memorial Day to Labor Day, seven days a week from 10 a.m. to 8 p.m. in the summer of 2015. Financial Impact The one time cost to install the low flow nozzles is $1,400. As they are expected to City Council Agenda Briefing 5f City of Colleyville Page 2 reduce water consumption by approximately 10% a savings of approximately $1,400 in water and sanitary sewer costs is expected to be realized annually (with the flow through water system). Recommendation Approve 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 6a Agenda Date 05/12/2015 Number Ordinance O-15-1951 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for an accessory building on Lot 3R1, Block 1, of the Pleasant Oaks Estates Addition, located at 601 Shelton Drive, Case ZC15-002 Strategy Map Connection There is no strategy map connection for this item. Explanation Second Reading and Public Hearing There were no speakers regarding this request at the May 5, 2015 City Council meeting. First Reading and Public Hearing Jeff Vanderpool, the property owner, has submitted a request for a Special Use Permit (SUP) to construct a 1,728 square foot detached accessory building on 2.56 acres located at 601 Shelton Drive. Existing Conditions. The property is zoned R40 – Single Family Residential zoning district and is currently developed with a 4,488 square foot single family residence. A detached garage measuring 662 square feet, a 100 square foot loafing shed, and a 100 square foot storage shed are also located on the property. Statement of Planning Objectives. The applicant previously submitted Special Use Permit requests for an accessory building in 2001 and 2006. In 2001 the case was denied by the Planning and Zoning Commission by a vote of 3-3, with the dissenting members citing concerns about the proposed 3,000 square foot size of the building and the potential for conducting commercial business. In 2006, the request was denied by a vote of 3-1 with the opposing Commissioner noting concerns about the barn’s proposed driveway. The applicant did not appeal to City Council on either occasion. Since this time, Mr. Vanderpool has reduced the size of the accessory building by approximately fifty percent (50%) and has enhanced the proposed design as mentioned in the attached Statement of Planning Objectives letter. Development Standards. The applicant plans to construct a metal barn with a gabled metal roof and several courses of masonry at the base as indicated on the attached Elevations. Colors for the accessory building have not yet been selected. The proposed City Council Agenda Briefing 6a City of Colleyville Page 2 building is located in the southwestern portion of the lot, 15 feet from the side property line and 25 feet from the rear property line. The proposed height is twenty (20) feet to the highest roof ridge as shown on the attached Vertical Height Envelope exhibit. The applicant intends to use the accessory building as a horse barn and storage facility. Accessory buildings are regulated in the Land Development Code by Section 3.27 - Accessory Buildings and Residential Carport Regulations. Section 3.27 requires a Special Use Permit for any accessory building that does not meet the conditions of this section. The conditions allow up to a 1,750 square foot accessory building for a lot that is between 1.0 and 2.99 acres. Although the proposed barn’s size of 1,728 square feet is within this limit, the site already has a detached garage measuring 662 square feet, leaving only 1,088 square feet available. As noted at the Planning and Zoning Commission hearing, the existing 100 square foot loafing shed and 100 square foot storage shed would be torn down once the barn is constructed, and is a condition of Special Use Permit approval. A driveway approach currently exists near the central portion of the lot, and exceeds the Land Development Code's minimum spacing requirement of thirty two feet (32') for minor collectors. However, the applicant is not proposing to construct a driveway to the accessory building at this time. The proposed accessory structure complies with the R40 – Single Family Residential zoning district’s required fifteen (15) foot and twenty five (25) foot side and rear yard setbacks. The R40 – Single Family Residential zoning district allows for up to twenty percent (20%) lot coverage, which would not be exceeded by the proposed request. The accessory building will not penetrate the vertical height envelope required by Section 3.27 of the Land Development Code. Non-Compliant Factors. The proposed accessory structure does not comply with the following provisions of the Land Development Code: 1. Section 3.27(A)2 – Maximum Size and Number of Buildings: For lots between 1.0 and 2.99 acres, the maximum size for all accessory buildings on the site is 1,750 square feet. The proposed size of the new accessory building is 1,728 square feet. Including the existing 662 square foot garage, a total accessory building area of 2,390 is being requested, which exceeds the allowed maximum by 640 square feet. The proposed accessory building complies with the other requirements of Section 3.27. The site plan, floor plan, and elevations are incorporated as exhibits to the ordinance and are attached to the briefing. Surrounding Development Trends. All property surrounding the subject site is zoned R40-Single Family Residential zoning district. The area is primarily developed with single family detached residences, and many of the properties include accessory City Council Agenda Briefing 6a City of Colleyville Page 3 buildings. Public Notification. Staff mailed notices to 14 adjacent property owners as well as all Homeowners Associations within 500 feet of the subject property regarding this request. Notification was also sent to the Grapevine-Colleyville ISD per state law. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. To date, staff has received one letter of concern, which was not in the 200 foot buffer area. There was one speaker in support of the case at the April 13, 2015 Planning and Zoning Commission meeting, whose property is within the 200 foot buffer area. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the April 13, 2015 meeting by a vote of 7-0. Summary. The applicant proposes to construct a detached accessory building that exceeds the maximum size allowed by the Land Development Code, therefore requiring approval of a Special Use Permit. Given that the proposed structure meets all other requirements of the Land Development Code and is consistent with the character of the neighborhood, staff recommends approval. Financial Impact There is no financial impact to the City. Recommendation Approval with the following conditions: a. The Special Use Permit shall apply to the construction of an accessory building. b. The proposed accessory building shall not exceed 1,728 square feet in size, including all covered patio areas. c. The total accessory building square footage on the lot shall not exceed 2,390 square feet. d. The existing 100 square foot loafing shed and 100 square foot storage building shall be removed upon completion of the proposed 1,728 square foot accessory building. e. The accessory building may not be used as an accessory dwelling unit or for commercial purposes. f. The accessory building design and exterior materials shall be generally consistent with Exhibit “C”. City Council Agenda Briefing 6a City of Colleyville Page 4 g. All requirements of the Land Development Code shall be met, except where amended herein. Attachments 1.Location and Zoning Map 2.Aerial 3.Future Land Use Map 4.Notification List 5.Buffer Map 6.Letter of Concern 7.Speaker Card from April 13, 2015 - Support 8.Statement of Planning Objectives 9.Zoning Exhibit 10.Elevations 11.Vertical Height Envelope 12.Ordinance O-15-1951 SHELTON DR HU N T E R L N B R A N S F O R D R D BEVERLY DR BEVERLY DR SHELTON DR D U A N E S T R-40 AG R-40 AG R-40 R-10 AG R-30 R-20 R-30 R-20 R-20 AG AG R-20 R-40 600 601 508 6001 5901 701 704 607515 508 511 705 512 608 612 708 609 801 800 500 512 516 704 504500 800608 5918 6101 6095 700 610061145917 6001 612 6005 501 709705 7175808701609601605513509 6000 801 704 6115 6101 / Subject Property Location and Zoning Map T H E R E S A L N SHELTON DR SHELTON DR 601 600 508 701607515511609 704508608612512 512 516 704 705 608 6001 5901 6095 700 708 612 5918 6001 500 61016114 504 7046101 / Subject Property Aerial T H E R E S A L N SHELTON DR HU N T E R L N THERESA L N SHELTON DR / Subject Property Legend Single Family Multi-Family Office Retail Institutional Industrial Roadway Utilities Parks Private Open Space Water Parcels Future Land Use Map T H E R E S A L N Owner Name Owner Address Owner City Owner State Owner Zip Situs Address Yaffa, Larry 608 Shelton Dr Colleyville Texas 76034 000608 Shelton Dr Hill, William Etux Elizabeth 512 Shelton Dr Colleyville Texas 76034 000512 Shelton Dr Alianne Partners Lp 601 Shelton Dr Colleyville Texas 76034 000000 Theresa Ln Graves, Randal Etux Iris 516 Shelton Dr Colleyville Texas 76034 000516 Shelton Dr Woods, Gary M & Marcia A Woods 6095 Theresa Ln Colleyville Texas 76034 006095 Theresa Ln Edward, Tim A 608 Beverly Dr Colleyville Texas 76034 000608 Beverly Dr Cleff, David M Etux Lisa S 612 Beverly Dr Colleyville Texas 76034 000612 Beverly Dr Stephens, Billy G Etux Dinah 612 Shelton Dr Colleyville Texas 76034 000612 Shelton Dr Lothrop, William D & Beverly L 609 Shelton Dr Colleyville Texas 76034 000609 Shelton Dr Childress, John Etux Christina 512 Beverly Dr Colleyville Texas 76034 000512 Beverly Dr Gleason, James T 600 Beverly Dr Colleyville Texas 76034 000600 Beverly Dr Quinn, Garry L Etux Helen J 511 Shelton Dr Colleyville Texas 76034 000511 Shelton Dr Childress, John 512 Beverly Dr Colleyville Texas 76034 000515 Shelton Dr Rimmer, Harry L III Etux Pegee 508 Beverly Dr Colleyville Texas 76034 000508 Beverly Dr Cama, Karl J & Janice 7212 Majestic Mnr Colleyville Texas 76034 000607 Shelton Dr GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE Grapevine Texas 76051 State Law Required Alianne Estates HOA 6201 Theresa Lane Colleyville Texas 76034 Courtesy Notice Vanderpool, Jeffrey Etux There 601 Shelton Dr Colleyville Texas 76034 Applicant Public hearing notices were mailed  Wed., April 1, 2015 by Taci Wrisley Notification List GR A N D O A K C T SHELTON DR HU N T E R L N BR A N S F O R D R D T H E R E S A L N BEVERLY DR L D L O C K E T T R D BEVERLY DR SHELTON DR D U A N E S T 508 600 601 800 501 6001 5901 6103 801 805701 704 607515 508 504 511 705 512 6100 608 612 6208 708 609 500 800 705 709609 801717 500 512 701 516 513 601 605 704 509 6114 608 6128 5918 6114 805 6129 6101 6095 6115 700 804 6301 6005 6104 5808 6101 6200 61066214 6201 400 5816 5917 6000 6001 6100 612400 6201 5904 6000 5712 6204 5812 808 6204 809 5916 5912 61136206 7046101 / Subject Property Case ZC15-002601 Shelton Drive Legend Properties within 200 feet Subject Property Parcels Buffer Map Letter of Concern Letter of Concern Speaker Card from April 13, 2015 - Support 5 March 2015    Colleyville Development Review Committee  100 Main Street  Colleyville 76034    Re: 601 Shelton Drive Accessory Building Application    In regard to the Development Review Committee’s letter of 9 February 2015, we submit the following  comments to the Committee’s questions/requests for information:    1. Statement of Planning Objectives – The proposed accessory building is a combination horse barn  and storage facility for the owner’s boat and other personal property.  The size reflects the  projected needs of the property owner, and aligns with the general constraints of the lot size  (1750 square feet) if the current detached garage were to be connected to the main residence.   The owner would prefer a larger facility to provide for an additional hobby woodworking shop,  but has elected to minimize the design to conform to city statutes.  2. The revised location of the accessory building is at the site of the existing loafing shed, which  will be removed upon construction of the new building.    As mentioned in the Committee’s finding, similar requests were submitted in 2001 and 2006.  The first  was denied primarily due to overwhelming neighbor opposition, for which the owner was mystified and  frankly unprepared.  The 2006 submission was brought before the P&Z Commission on a day when the  minimum number of board members were present to constitute a quorum, and the submittal was  denied due to a single “no” vote.     The submittal is brought a third time, and in this instance the structure will be built whether approved  or not.  The lot has sufficient size to subdivide and maintain the R‐40 zoning requirement.  The process  of submitting to Planning and Zoning is the easiest and most cost‐effective way to move forward, and  affords the council an opportunity for input and questions.  The owner has submitted a more  aesthetically pleasing (and costly) facility than is needed for a simple barn/storage facility.  Subdividing  the lot will take more time and be more costly, but no design constraints or input from council or  neighbors will be required (other than fairly liberal city design mandates), and the extra funds expended  to go through the subdivision process will take away from the aesthetic costs of the building.  This has  no impact on the owner either way as the owner is indifferent to the aesthetics of the barn.    Sincerely,        Jeff Vanderpool  601 Shelton Drive  Colleyville, Texas 76034  817.498.4719  jv.comm1@gmail.com  Statement of Planning Objectives Vanderpool Barn - Preliminary 601 Shelton Drive, Colleyville 76034 Scale: 1’ = 500’Plot 1Apr2015 Rev 04 Sh e l t o n D r i v e T h e r e s a L a n e Ex i s t i n g h o u s e Ex i s t i n g f e n c e Tack Stall Stall Boat Storage Ex i s t i n g D r i v e w a y Pr o p e r t y L i n e Ri g h t o f W a y 15 ’ - 0 ” 2 5 ’ - 0 ” Zo n i n g Ex h i b i t Vanderpool Barn - Preliminary 601 Shelton Drive, Colleyville 76034 Scale: 1/8” = 1’ 5Mar2015 Rev 02Elevations Fr o n t / E a s t Ba c k / W e s t Si d e / S o u t h Si d e / N o r t h Br i c k / S t o n e Me t a l F a c e Me t a l R o o f El e v a t i o n s Vanderpool Barn - Preliminary 601 Shelton Drive, Colleyville 76034Setback Envelope Analysis Scale: 1/8” = 1’ 1 Apr2015 Rev 04 Fr o n t / E a s t Si d e / S o u t h Brick/StoneMetal Face Me t a l R o o f 4 5 ° 45° 15 ' - 0 " 5' - 0 " 8 ' - 0 " 22 ' - 0 " 5' - 0 " 8 ' - 0 " 25 ' - 0 " P r o p e r t y L i n e P r o p e r t y L i n e 32 ’ - 0 ” Ve r t i c a l He i g h t En v e l o p e ORDINANCE O-15-1951 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 3R1, BLOCK 1, OF THE PLEASANT OAKS ESTATES ADDITION, LOCATED AT 601 SHELTON DRIVE, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for an accessory building under Case No. ZC15- 002; 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 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 Ordinance O-15-1951 Page 2 of 4 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 changing the zoning on Lot 3R1, Block 1, of the Pleasant Oaks Estates Addition, located at 601 Shelton Drive by authorizing a Special Use Permit for an accessory building, as depicted on Exhibit “A” and Exhibit “B”. Sec. 3.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. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The Special Use Permit shall apply to the construction of an accessory building. b.The proposed accessory building shall not exceed 1,728 square feet in size, including all covered patio areas. c.The total accessory building square footage on the lot shall not exceed 2,390 square feet. d.The existing 100 square foot loafing shed and 100 square foot storage building shall be removed upon completion of the proposed 1,728 square foot accessory building. Ordinance O-15-1951 Page 3 of 4 e.The accessory building may not be used as an accessory dwelling unit or for commercial purposes. f.The accessory building design and exterior materials shall be generally consistent with Exhibit “C”. g.All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5.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. 6.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. 7.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of May 2015. The second reading and public hearing being conducted on the 12th day of May 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. Ordinance O-15-1951 Page 4 of 4 ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” – Location and Zoning Map Exhibit “B” – Zoning Exhibit Exhibit “C” – Building Elevations 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 6b Agenda Date 05/12/2015 Number Ordinance O-15-1952 Type Ordinance Department Community Development Title Consideration of an amendment to the PUD-C-Planned Unit Development Commercial zoning requirements on Abstract 1154, of the R. H. McEwing Survey located at 8092 Precinct Line Road, Case ZC15-005 Strategy Map Connection There is no strategy map connection for this item. Explanation Second Reading and Public Hearing There were no speakers regarding this request at the May 5, 2015 City Council meeting. First Reading and Public Hearing Paul Moss, representing Lavaca JV, LLC, has submitted a request to amend the PUD-C – Planned Unit Development Commercial zoning of 3.022 acres located at 8092 Precinct Line Road. Existing Conditions. Ordinance O-10-1761, attached, was approved by the City Council on August 3, 2010. It established the PUD-C zoning for the entire 8.08-acre site and authorized uses for Tract I (3.02 acres) and Tract II (5.06 acres). However, only Tract II has been developed as an assisted living facility. Tract I is currently vacant. The property owner is seeking to amend the PUD-C to provide a site plan for Tract I. The proposed office use is consistent with the requirements of Ordinance O- 10-1761, which stipulates that development within Tract I must comply with the CC2 – Shopping Center zoning district regulations. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUD- C ordinance for the subject property. The Statement of Planning Objectives describes the nature of the proposed development, includes a development schedule and a statement of development goals. A copy of the Statement of Planning Objectives is attached to this agenda briefing. Development Standards. The proposed development will consist of three office buildings, each on a separate lot. Lot 1 is 20,500 square feet in size and contains a 3,664 square foot office building. A total of nineteen (19) parking spaces would be City Council Agenda Briefing 6b City of Colleyville Page 2 required for medical office uses, and twenty-three (23) spaces are provided. A quarter of the lot area is devoted to landscaping, 2,837 square feet of which is located in front of the building, facing Precinct Line Road. Lot 2 is 36,260 square feet in size and features an 8,510 square foot building. Forty (40) parking spaces are provided, which exceeds the requirement of twenty-nine (29) spaces. Approximately 25 percent of the lot is landscaped, with the majority of vegetation located along Precinct Line Road and Lavaca Trail. Lot 3 occupies the eastern half of the property and is 74,878 square feet in size. It contains an 11,876 square foot building and forty-one (41) parking spaces, which is two more than are required. Existing detention ponds are located along the eastern border of the site and in the southeast corner. Landscaped area including the ponds is 38,005 square feet, or 51 percent of the lot area. All lots and proposed buildings comply with the minimum dimensions and setbacks established for the PUD-C zoning district, which are as follows: Lot size:7,200 square feet Lot width:70 feet Lot depth:115 feet Front setback:40 feet Side setback:10 feet Rear setback:10 feet Access. The applicant is proposing two points of access to the property with one from Precinct Line Road and one from Lavaca Trail. The site will use an existing driveway off of Precinct Line Road which contains an access easement. Open Space. Ordinance O-10-1761 requires an open space area equal to 38.28 percent of the total 8.08 acre development. This requirement was satisfied by Tract II, which provided amenities in the open space areas including walkways, park benches, small gardens and water features. Tract I, the subject property, proposes to provide 52,240 square feet of open space between the three lots. This equates to 40 percent of the 3.022 acre site area and exceeds the 20 percent typically required for PUD-C developments. Landscaping. The applicant has submitted a landscape plan that includes 18 trees and 175 shrubs, with the majority of landscaping in the front of the proposed buildings and along Precinct Line Road and Lavaca Trail. The landscaping depicted on the plan meets, and in some cases exceeds, the minimum requirements of the Land Development Code and is attached to the briefing. Exterior Building Elevations. The applicant has submitted exterior building elevation plans, which have been included within the draft PUD-C ordinance, and are attached to the briefing. All three of the proposed buildings utilize natural stone as the City Council Agenda Briefing 6b City of Colleyville Page 3 primary building material, with bands of cement stucco around the windows. Architectural elements including large wood brackets, cut stone bands, arched doors and windows, and decorative iron lights are proposed. The proposed elevations yield a design score of 31.8 points. A minimum design score of 31.8 points is included in the draft ordinance. Chapter 6 of the Land Development Code requires a minimum score of 30 points for all commercial zoning classifications with the exception of PUD and SUP districts. These developments may obtain approval of higher or lower values as authorized by the City Council. Trails. According to the Colleyville Pathways Plan, a ten (10) foot wide concrete trail, Trail 25 in the 2011 Parks, Recreation, and Open Space Master Plan, is required along Precinct Line Road and a five (5) foot wide sidewalk is to be constructed along Lavaca Trail. The trails will be required to be constructed upon issuance of the building permit. Platting. The subject property will be required to be platted upon approval of the rezoning request. The applicant acknowledges this requirement. Surrounding Development Trends. The properties directly to the north and south are zoned PUD-C and developed as offices. The property to the east is zoned PUD-C and contains an assisted living facility. The properties to the west are located within the City of North Richland Hills and are single family residential uses. Development Fees. Water, sewer, and roadway impact fees are due at the time of building permit issuance. Fees shall be calculated as described in Chapter 13 of the Land Development Code. Master Plan. The 2004 Colleyville Plan designates this property for future retail uses. The proposed development of offices is not consistent with the Master Plan’s future land use recommendation. However, Ordinance O-10-1761 allows all uses within the CC2 zoning district; therefore, there is a possibility for future retail use on the property. Public Notification. Staff notified nine (9) property owners within 200 feet of the subject property as well as any Homeowners’ Associations within 500 feet regarding this request. Keller ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. There was one person who spoke in opposition, within the 200 foot buffer, while the applicant and project architect spoke in support of the request at the April 13, 2015 Planning and Zoning Commission meeting. The opposition within the 200 foot buffer only equates to a 3.37% opposition; therefore, there is no supermajority vote requirement at this time. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the meeting on April 13, 2015 City Council Agenda Briefing 6b City of Colleyville Page 4 by a vote of 6-1. Summary. While the request meets the minimum requirements of the Land Development Code, the proposed rezoning does not conform to the 2004 Colleyville Master Plan’s future land use recommendation of retail. However, Ordinance O-10- 1761 requires that the subject property comply with the CC2 zoning district, which lists offices as a permitted use. In addition, the CC2 zoning district would allow for retail uses in the future. Commercial development trends within the City indicate a pattern of retail/office integration along commercial corridors with retail uses typically concentrated around major intersections. Financial Impact There is no financial impact to the City. Recommendation Approval with the following conditions: 1. General a. The purpose of this PUD-C is for an office development. b. This property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. Zoning Exhibit a. The development shall be generally consistent with Exhibit “B”, which shall not be considered the plat. 3. Building Elevations a. Buildings shall be consistent with the elevations shown on Exhibit “C”. b. Buildings shall utilize natural stone as the primary exterior finish material, with other masonry products provided in accent areas. c. Architectural elements including large wood brackets, cut stone bands, arched doors and windows, and decorative iron lights shall be provided. d. Each building must achieve a minimum commercial design score of 31.8 points. 4. Open Space a. This development shall provide a minimum of 40% common open space, as shown City Council Agenda Briefing 6b City of Colleyville Page 5 on Exhibit “B”. All open space areas shall be landscaped and maintained by the property owner as shown on the attached Exhibit “D”. b. The distribution of landscaping on the property shall be in accordance with the attached Exhibit “D” labeled Landscape Plan. At a minimum, all landscaping shall comply with Chapter 4-Landscaping in the Land Development Code. 5. Parking a. This development shall be required to have a minimum of 87 parking spaces. Attachments 1.Location and Zoning Map 2.Aerial 3.Future Land Use Map 4.Notification List 5.Buffer Map 6.Speaker Cards - Support 7.Speaker Card - Opposition 8.Opposition Map 9.Statement of Planning Objectives 10.Zoning Exhibit 11.Building Elevations 12.Landscape Plan 13.Ordinance O-10-1761 14.Ordinance O-15-1952 CI M M A R O N T R L P R E C I N C T L I N E R D PUD-C R-40 PUD-R CC-2 PUD-C 0 8100 0 0 0 8092 0 1101 0 1101 8190 8090 0 8090 1013 8180 65248170 6228 6232 6216 6220 6204 6212 6208 6300 6200 925 6205 6209 6221 6213 6217 6205 6224 / Subject Property City ofNorth Richland Hills LAVACA TRL Location and Zoning Map CI M M A R O N T R L P R E C I N C T L I N E R D 0 8100 0 0 0 0 8092 0 8090 11018090 8190 1013 8180 1101 65248170 0 6228 6232 6216 6220 6204 6212 6224 6208 6300 6200 0 6205 6209 6221 6213 6217 6205 / Subject Property City of North Richland Hills LAVACA TRL Aerial CI M M A R O N T R L PR E C I N C T L I N E R D LA N T A N A C T TA L B O T T R L E M M A S C T CHANTAL LN/ Subject Property Legend Single Family Multi-Family Office Retail Institutional Industrial Roadway Utilities Parks Private Open Space Water Parcels City ofNorth Richland Hills LAVACA TRL Future Land Use Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address Gene Young Standard Ins A Corp 620 W Pipeline Rd Hurst Texas 76053 008190 Precinct Line Rd Corliss Stone‐Littles Llc 8180 Precinct Line Rd Ste 150 Colleyville Texas 76034 008180 Precinct Line Rd Stanley, Lynette 1101 Lavaca Trl Colleyville Texas 76034 001101 Lavaca Tr Ravenwood Development Llc 131 Quest Ct Keller Texas 76248 008090 Precinct Line Rd Linles Properties Ltd 2601 Highland Meadow Dr Colleyville Texas 76034 008090 Precinct Line Rd Usmc Colleyville Llc 14881 Quorum Dr Ste 250 Dallas Texas 75254 008100 Precinct Line Rd Keller ISD 350 Keller Parkway Keller Texas 76248 State law required City of North Richland Hills 7301 NE Loop 820 North Richland Hills Texas 76180 Courtesy Notice Villas of Colleyville HOA 1108 Pioneer Parkway Arlington Texas 76013 Courtesy Notice Lavaca JV, LLC 8821 Davis Blvd, Suite 220 Keller Texas 76248 Applicant Public hearing notices were mailed  Wed., April 1, 2015 by Taci Wrisley Notification List B O R D E A U X P A R K LAVACA TRL CI M M A R O N T R L P R E C I N C T L I N E R D LA N T A N A C T CRYSTALWAY KA Y S C T TA L B O T T R L ARCADY LN E M M A S C T CHANTAL LN 0 0 0 0 0 0 1101 901 8060 1013 0 1101 8100 0 0 810 8090 0 0 8092 0 0 0 813 8090 6525 0 0 8190 8170 0 729 0 0 8070 6524 0 8080 0 0 0 8180 0000 61016100 62136216 0 6113 6212 6112 6105 6204 6300 6208 6208 8196 6201 6212 6200 6301 6204 6109 6205 6209 6209 6213 6304 813 6205 6104 6108 0 8050 6004 725 6404 6409 6400 909913925 6301 6405 921 917 6221 6225 6217 6209 6205 6213 6233 6412 6229 64096408 721 6413 5917 0 6404 6412 6400 6408 6413 6228 6232 6216 6220 6204 6032 6212 6201 6224 6208 6300 6412 6408 6404 6200 60286004 62056200 6000 8080 6218 6215 6020601660086024 6416 6418 6405 6403 6012 8200 / Subject Property Case ZC15-0058092 Precinct Line Rd City of North Richland Hills Legend Properties within 200 feet Subject Property Parcels City Limit Buffer Map Speaker Cards - Support Speaker Cards - Support Speaker Card - Opposition Total Land Area in Buffer (Includes R.O.W): 249794.473758 Sq Ft / 5.73 Total Acres Total Land Area Opposed (within 200 ft Notice Area): 195757.278687 Sq. Ft/ 0.19 Total AcresPercent of Land Opposed (within the 200 ft. Notice Area): 3.37% 8092 Precinct Line Rd Zoning Change Updated 4/21/15 LAVACA E M M A S CI M M A R O N PR E C I N C T L I N E LA N T A N A TALBOT ARCADY CHANTAL 8108100 1101 813110190110138090 809 8092 8090 7296525 8190 8170 8070 6524 8060 8080 8180 62136216 6113 6212 6112 6204 6300 6208 6208 6201 6212 6200 6301 6204 6205 6209 6209 6213 6304 813 6205 8196 725 6404 6409 6400 6301 6405 62216225 6217 62096205 6213 62336229 64096408 64046400 6408 62286232 62166220 6204 6403 6212 6402 6412 6224 6208 6412 6300 6406640764086404 909913925921917 705 8080 713721709717 6201 64136413 620062056200 6218 6215 6418 6420 6405 6109 6401 ²0 250 500 750 1,000125Feet Legend 200ft Buffer Parcels Properties within the 200 foot buffer Opposition Yes Opposition Map Statement of Planning Objectives Zo n i n g Ex h i b i t Bu i l d i n g El e v a t i o n s Bu i l d i n g El e v a t i o n s Bu i l d i n g El e v a t i o n s Bu i l d i n g El e v a t i o n s Bu i l d i n g El e v a t i o n s Bu i l d i n g El e v a t i o n s PL A N T L I S T ( L a n d s c a p e C o n t r a c t o r i s r e s p o n s i b l e f o r v e r i f i c a t i o n o f p l a n t q u a n t i t i e s ) . QU A N T I T Y PL A N T N A M E / B O T A N I C A L N A M E SI Z E NO T E S SP A C I N G 5 C e d a r E l m / U l m u s c r a s s i f o l i a 3 " c a l . v a r i e s 10 C r a p e M y r t l e / L a g e r s t r o e m i a i n d i c a ' R e d R o c k e t ' ' 3 0 g a l . 3 " c a l . m u l t i 1 5 ' o c 7 L i v e O a k / Q u e r c u s v i r g i n i a n a 3 " c a l . v a r i e s 4 R e d O a k / Q u e r c u s s h u m a r d i i 3 " c a l . v a r i e s 39 S p i r e a R e e v e s / S p i r e a s p . ' R e e v e s ' 5 g a l . 5 ' o c 19 M i s c a n t h u s / M i s c a n t h u s s i n e n s e ' G r a c i l l i m u s ' 5 g a l . 5 ' o c 39 I n d i a n H a w t h o r n / R a p h i o l e p i s i n d i c a ' C l a r a ' 5 g a l . 4 2 " o c 17 5 N a n d i n a n a n a / N a n d i n a n a n a 1 g a l . 2 ' o c 19 4 D w a r f B u r f o r d H o l l y / I l e x b u r f o r d i i n a n a 5 g a l . 3 ' o c 87 D w a r f Y a u p o n H o l l y / I l e x v o m i t o r i a n a n a 5 g a l . 3 ' o c 68 A n d o r a J u n i p e r / J u n i p e r u s h o r i z o n t a l i s p l u m o s a 5 g a l . 4 ' o c 38 K n o c k O u t R o s e / R o s a s p p . ( s i n g l e r e d ) 5 g a l . 3 ' - 4 ' o c 22 D r i f t R o s e / R o s a s p p . ( d o u b l e c o r a l ) 5 g a l . 3 ' o c La w n / 4 1 9 H y b r i d B e r m u d a S o d s o d s o l i d l y NO T E S IR R I G A T I O N : A l l l a n d s c a p e d a r e a s s h a l l b e i r r i g a t e d w i t h a n i r r i g a t i o n s y s t e m c a p a b l e o f pr o v i d i n g t h e p r o p e r a m o u n t o f w a t e r f o r t h e p a r t i c u l a r t y p e o f p l a n t m a t e r i a l u s e d . Ir r i g a i t o n w i l l b e p r o v i d e d b y a n u n d e r g r o u n d s p r i n k l e r s y s t e m o r a s u b t e r r a n e a n d r i p sy s t e m a n d s h a l l b e e q u i p p e d w i t h r a i n a n d f r e e z e s e n s o r s a n d b e i n a c c o r d a n c e w i t h a l l ap p l i c a b l e c o d e s . A d e t a i l e d i r r i g a t i o n p l a n w i l l b e s u b m i t t e d w i t h c o n s t r u c t i o n p l a n s . MA I N T E N A N C E : R e q u i r e d p l a n t m a t e r i a l s m u s t b e m a i n t a i n e d i n a h e a l t h y g r o w i n g co n d i t i o n a t a l l t i m e s . T h e p r o p e r t y o w n e r i s r e s p o n s i b l e f o r r e g u l a r w e e d i n g , m o w i n g o f gr a s s , i r r i g a t i n g , f e r t i l i z i n g , p r u n i n g a n d o t h e r m a i n t e n a n c e o f a l l p l a n t i n g s a s n e e d e d . A n y ci t y - r e q u i r e d p l a n t i n g t h a t d i e s m u s t b e r e p l a c e d w i t h a n o t h e r l i v i n g p l a n t t h a t c o m p l i e s wi t h t h i s p l a n w i t h i n 9 0 d a y s a f t e r n o t i f i c a t i o n b y t h e C i t y . S t r e e t s h r u b s s h a l l b e m a i n t a i n e d at 3 0 " h e i g h t m a x i m u m . DR A I N A G E : T h e r e s h a l l b e p o s i t i v e d r a i n a g e a w a y f r o m a l l b u i l d i n g s . F i n a l L a n d s c a p e gr a d e i n c l u d i n g t o p d r e s s i n g m u l c h , s h a l l b e a t l e a s t 3 " b e l o w f i n i s h e d f l o o r o f a d j a c e n t bu i l d i n g s . ED G I N G : R y e r s o n 1 0 g a u g e s t e e l o r e q u a l . I n s t a l l t o p o f e d g i n g e q u a l t o f i n i s h e d m o w i n g he i g h t o f a d j a c e n t g r a s s . D o n o t i n s t a l l a n y e d g i n g p a r a l l e l a n d a d j a c e n t t o c o n c r e t e w a l k s or c u r b s . I n s t a l l s t a k e s o n i n n e r s i d e o f p l a n t i n g b e d s , f l u s h w i t h t o p o f e d g i n g . BE D P R E P A R A T I O N : P l a n t i n g a r e a s t o r e c e i v e g r o u n d c o v e r , s h r u b s o r o r n a m e n t a l t r e e s sh a l l b e p r e p a r e d a s f o l l o w s : 1. E x c a v a t e a n d r e m o v e f r o m s i t e e x i s t i n g s o i l a n d r o c k a s n e c e s s a r y t o a l l o w f o r t h e in c o r p o r a t i o n o f 3 " o f s a n d y l o a m / c u r e d o r g a n i c c o m p o s t , 3 " h a r d w o o d m u l c h a n d s t i l l al l o w f o r t h e f i n i s h e d g r a d e o f b e d s t o b e a m i n . o f 3 " b e l o w t h e f i n i s h e d f l o o r o f a d j a c e n t bu i l d i n g s t r u c t u r e . 2. T i l l s a n d y l o a m / c u r e d o r g a n i c c o m p o s t i n t o e x i s t i n g s o i l t o 6 " d e p t h . 3. R a k e b e d s s m o o t h l y a n d e v e n l y . E n s u r e p o s i t i v e d r a i n a g e a w a y f r o m b u i l d i n g a n d / o r to w a r d a n y s u r f a c e d r a i n s , i f p r e s e n t . MU L C H : A l l b e d s s h a l l r e c e i v e 3 " o f s h r e d d e d h a r d w o o d m u l c h . T r e e s i n l a w n a r e a s s h a l l ha v e 4 " o f m u l c h p l a c e d w i t h i n t h e t r e e r i n g s . D o n o t a l l o w m u l c h t o t o u c h t r e e t r u n k s . TR E E P L A N T I N G : T r e e p i t s o f 3 0 g a l l o n o r g r e a t e r t r e e s s h a l l b e d u g 1 2 " g r e a t e r t h a n t h e ro o t b a l l a n d s l i g h t l y s h a l l o w e r t h a n r o o t b a l l h e i g h t . B a c k f i l l i n 6 " l i f t s , t a m p i n g b e t w e e n l i f t s , wi t h 1 2 s a n d y l o a m / o r g a n i c c o m p o s t m i x , a n d 1 2 n a t i v e s o i l m i x . P r o v i d e 6 ' d i a m e t e r co n t i n u o u s r i n g o f s o i l a r o u n d t r e e r o o t b a l l 8 " i n h e i g h t . CA L C U L A T I O N S Th e r e a r e n o e x i s t i n g t r e e s o n s i t e . Si t e A r e a - 1 3 1 , 6 3 8 s f Re q u i r e d L a n d s c a p e A r e a - 2 0 % x 1 3 1 , 6 7 3 = 2 6 , 3 2 7 s f Pr o v i d e d L a n d s c a p e A r e a - 5 2 , 2 4 0 s f 4 0 % Re q u i r e d S t r e e t T r e e s - 2 9 9 l f + 3 8 9 l f w / o a p p r o a c h e s w i t h 1 t r e e / 4 0 l f = 1 8 T r e e s Pr o v i d e d S t r e e t T r e e s - 1 8 Re q u i r e d S t r e e t S h r u b s - 1 s h r u b / 5 l f = 1 3 8 Pr o v i d e d S t r e e t S h r u b s - 1 7 5 Ar e a o f p a r k i n g - 1 0 3 s p a c e s Re q u i r e d p a r k i n g l o t l a n d s c a p e a r e a - 1 0 3 / 1 8 = 6 i s l a n d s @ 1 4 0 s f e a c h m i n . Pr o v i d e d p a r k i n g l o t l a n d s c a p e a r e a - 6 i s l a n d s w i t h t r e e s + a d d i t i o n a l i s l a n d s w / o t r e e s La n d s c a p e a r e a s a r e p e r a p p r o v e d P D p l a n La n d s c a p e Pl a n ORDINANCE 0-10-1761 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACT 1 B1, ABSTRACT 1154 OF THE R.H. SURVEY FROM THE CC2-SHOPPING CENTER ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL 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. ZC10-017; 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 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. Ordinance 0-10-1761 Page 2 of 6 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O 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 changing the zoning on Tract 1B1, Abstract 1154 of the R.H. Survey, from the CC2-Shopping Center zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in the attached Exhibit "A" and as described in Exhibit "B". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for an assisted living and memory care facility. b. This facility shall be licensed as a Type A and Type B Assisted Living Center by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to the issuance of a Certificate of Occupancy for this property. c. This property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. All uses permitted in the CC2-Shopping Center commercial zoning district shall be permitted as part of this development but shall be limited to the 3.02 acre tract adjacent to Precinct Line Road as described in Exhibit "B". 3. HOURS OF OPERATION a. Deliveries to the facility for food service and general delivery will be restricted to 7:00 a.m. to 7:00 p.m. daily. rr Ordinance 0-10-1761 Page 3 of 6 4. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with Exhibit "C", which shall not be considered the preliminary plat. b. The developer shall submit and receive approval from the City of Colleyville a minor plat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 5. BUILDINGS a. The maximum square footage of assisted living and memory care space for this development shall be 60,000 square feet. b. Building elevations shall be consistent with the elevations shown on I'~ Exhibit "D". c. There shall be no more than 14 cottages allowed for this development and the total occupancy for all cottages combined shall not exceed 18 persons at any one time. The cottages shall not exceed one story in height and there shall be no cottage entrances j facing to the south. The cottages shall only be available to friends or relatives of the residents of the assisted living facility allowed by this ordinance and shall not be rented for any reason nor shall they be sold unless they are sold in conjunction with the entire facility. d. There shall be no windows or openings on the second story of the east side of the building. e. Exterior construction materials for all buildings shall be composed of stone or brick with hardy plank allowed for building accents. f. For the assisted living facility, there shall only be one ornamental architectural feature that is allowed to exceed 35 feet in height provided said feature does not exceed a maximum height of 50 feet. g. The front building setback along Lavaca Trail shall be 25 feet for the tract containing the assisted living facility only. Otherwise, all i building setbacks shall comply with minimum requirements of the Land Development Code. Ordinance 0-10-1761 Page 4 of 6 6. OPEN SPACE a. This development shall provide a minimum of 38.28% common open space, as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the property owner as shown on the attached Exhibit "E". b. The distribution of landscaping on the property shall be in accordance with the attached Exhibit "E" labeled Landscape Plan. At a minimum, all landscaping shall comply with Chapter 4- Landscaping in the Land Development Code. 7. SIDEWALKS AND PATHWAYS a. The trail along Precinct Line Road must be at least ten (10) feet wide. The sidewalk along Lavaca Trail must be at least five (5) feet wide. The trail and sidewalk must be installed when any new structures are built on the property. 8. PARKING a. This development shall be required to have a minimum of 71 parking spaces. 9. LIGHTING a. All light poles shall be no higher than 18 feet and lighting shall be of a boxed can style and directed away from adjacent residential properties. Illumination from light poles shall not exceed 0.5 foot- candles as measured from any portion of the property line. 10. FENCING AND SCREENING a. A six (6) foot wrought iron and masonry fence with stone columns shall be constructed along the property line adjacent to Lavaca Trail. b. A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the residential lot, use or district to everything below the roof eave of all buildings in the assisted living facility. The fence shall meet all front setback trans arenc re uirements as re uiredpYqq by the Land Development Code. F~ Ordinance 0-10-1761 Page 5 of 6 c. All gates shall meet the gate requirements of Chapter 14- Engineering Design Standards of the Land Development Code. 11 ciraerF a. One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. Otherwise all signs shall meet the minimum requirements of the Land Development Code. 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 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 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. AND IT IS SO ORDERED. The first reading and public hearing c~,,l~c~r 2010. The sec nd reading and public hearinc C~ 2010. being conducted. on the ~lJ ~ day being conducted on the O~ ~`~ day of Ordinance 0-10-1761 Page 6 of 6 ATTES -~~ j\c_~c_. Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE 1 David Kelly l Mayor J. 1 Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map Y F"reri~ic# Litre Ind. F3~J~ a?ri . X12 1+~ ~ - @CE5 ~c~=i T} i~~~ ~ ~ ~ b2r t 7 5~tJ3 1 r f~~ ~~ F2U'.~ ~ F I ft~~6 ii0=~ Pt`DC. I ~~. rUl s~~:~o ~ at t~ G~~b I_ E: G~ 1'~~19 1? f21~ F ~:`~B 20:1 ti~0 Exhibit B -Legal Descriptions 3.{l2 Ac $roperh~ ~cscript~a-n E~GSrtg n 3.€3'2 acre traK:t an parc:ci ut' lat-d si#>.:ated iri tlt~ Ft.N. ~•fz I:a irig ~urvev. ,Abstr~t fi~lo. Il~~ ita ttic +City taf Colley~'ille, "1 <t^zint C;utirt,,~. T~~x~s, said trac# h~irt~ a pnrrint~ of a tract of land ccanveyed tta at Iz{"I' f"ecia- t'rc z~l;; F'~~rlc, I.trl us ciz~;crlF.acd in t3ocwnent TVc~rtaber L720S3L14~f33 of the Deed Records cf "! arrant ~.:{~2,nr~, "l r.a;~ s, s~~.zti 3.a2 ~~rc fret n~crre p.~u~icularly described b;r metes and ba~te~nds as ~fc1tlc~4'~: BI~GINI~III'~G at a Texas I3ePar#me~af of Tran~part~tic~n brass click in conGretu faund r-,# the zrauthss# cu#ba~ck ta# the in#erseckion roC the rac~rtJt line ofLavt€ea Tr~i! (tiU' R~?W} ;rod the ~,~,~est line o1'F.>~1. Idi~l~wa~ f~Tc. 3(!~9 ~Pr4cinet line I2c~<~d) (u~ariaEale width. T~C31~'}, Thcneser• Ntarth 45°4}~!'3fi" '~s~'est along said ea~t"o~ck line frrr a clistancc. taf 35.33 Y€:et tea x 3°c><as I?claartn~ent cif Tran4pcrrtati~~tt Ear~ass dim fottad for cumsr in thr. r-~5t line tat watt F,>!~1. I-fplyr~~a}~ ~fr?9; Tltence; North QO°I~'2fa"',~''est along the east llrte taf said i~,:~l. l'~Iighwa~ 3.4329 for a tlistatrtde ert`3I0.043 feef to an `Px" in ctancrzte ftautcc! for corner ,rt tilt: south~vcst corner aal`Lca# 3. 131e~ck I, Pvleadnvas Creek Plx~a, rtn a,lditit,rr 4ta the 4~it~r of t;ollcyville aecnndin t~, the plat thcrcc5frecordctt in Cabinet .'1, Slide 14)Gt`il ref tltc Plat Iteccrrds aCTarrant C'cnint}', Tcras; Tlaence: S,sutir `+9` 5'~1C)" «z:st `l~~tlt tltc s~puth line of said I.o# 3, t3lncl€ !, a# '~0'~.73 feet: p:r;;sirr~, rn ';~" ftaa~nil iir r~sant:rrtr at ih4 seauthcns# ccnier caf said I.tai 3, 13lnck 1, sari}e heinLt the ~ nutlrwc4t ci~rner o1' Let ~, Bl~k !, Ialeatlaws Creek. Plaza Addititan an addieit~n caa the ~;ity of t:'ciflz'}~uil,c ~acLortiin~ tea the plat recorded in ~r,binct A, Slide 1 153E taf #!~e Plrlt l~ecoreis 4t Ectrrttnt C'vtrnty, Texas, ~md caatinttn~ along t!-rc south line of said Lot 4, F3lecfc 1 a tt~tal distance: i?f?39,4~ !'ec;t t~ ~n "a: , fcrt~nci in eoncrctc for ctsrneY ~f the scautheas# corner ot: said. Lc~t 4, I3'}oclt t 1'lrectcs; Sorith OC3~`4}5'00'° ~trest fear a distance of 43.$1 ;Fee# t~ a crtslt fcar+rrter,. Thence; Ss»rth :±'°49°~#{3" Last f+ar ~ ditii<irrce af2T2.a2 fee# to a point for corner; r']7cncet Month Oil°05'G'tl"'4~Fesf fr~r a distance ctf~~l.'~? fce# to a pcts'nl far comer in the north Sine c,f sai~-I T.avaci Trail; Thence: I~ltartlz g9°~~`l30" Fast 4.ith the nc~rt)t lice czf sa'sd ~~Pae~ "I'r:~il for a etis#ance of l`?3.fa9 feet tea tltc Pt)I~'T C}F' I3t~:C.1Nti11Vt7 ante coatainircg 3,02 acres of land more or less, p~ Ac ~'rargcrty De~tcr•iptitgrtt Being a S:ftG acre tract tier pat4~l of tcrzcl situ>at~d in tTae 12,.t~E. 1u1cE~ving Strri~t'y{, ~`~~FStCa~Ct qtr. LI54 u; tree City of CcalTeyviklc, 7'aa'rant Cocerity, Tctias, ~rtiti tract h~:ing a pnrtipn of a tract cif land t:tanv,:y~itT tts RCP Cedar t.ree?< T''arl;, C:td s~ de•s+~riTa:'d in DGCUmcnt Nu~r~h~cr D2G53U4St}3 tri' the L7e+ud Kccords of Tarrant County, Texas,. said. S,Ub i{era: tract more Ttarticularly ctescrihed Tay metes anti b~uunds as folio;vs: CC1I49it•iE`'CING at a Texas llepattnrent crf Transptartatitan brra~s disk. P4-inrT at fire southst etrii,icl: line r,i tl~c ~~`st Inc of F.?1f. T-IiT;lrc~~y 3i12~ (Presenvt Line Road} (mariabTa width right taf way} ern~i fire r:r7rtli lirtea of Lavarc€t Trail (G{t' ~CV«r~; TSterice~ S~attTt €t?~"S3'iJU" 4~'e:st with. the rtarrt}t linty trf said La~rsrea "I'rrril for a distance of 423.69 feet io flit; Y[)1tiT OF BEGl(1'~;'~iT~EG, Ttta;rtce: Narttl "tJ5'ilct' ttd+.st for x di,~tane:e [rf "Tl .82 feet ter ~ pcaitrt fot• corder; Thence: I~Taarth ' a "•T 9'-1 ~~„ V~rest t;ar a distance caf 272.~T2 feet tea a lroint for comer; Thence; NnrtTr Q(]°1F75'(1{>" ~b°est at X13.81 feet pausing ar's "x" fovn~j ire concrete a! tlae; sontheask cr~ne:r of l~at 4, }3'lncx:>< t, ?vieadtzws Creek. t'~rua,~dditiot;, an additi±rn ~ tare City taf f:'olleyy~i]!e per tl:e ]il;st rccr}rdctt in C.abrset A, Slide: 115iF t~f the Plat Rec[rrds [af Tarrant C'crtrnty, 'Iex€ts, and continuing aTon~ aty east line caf said I..tat: 4, 131cacT A, a tatai distanca uC77,8=# feet to a point for e:e~mer; Thence; North t73°T7'S5" West ~~~itkt east lute of said Lot 4, Bl[rark r~, -for a distance caf T?•t.23 feet trr tt Perini f~rr corner:; Tiaetace: '.`nrika {)'"45'U~" \s~'atst laa• n dist;rtt^ve caP 1 t}3.9(l feet tct a pcairat fear u7rntr in the north live. tjf s<.id Rt:1' ('edrer f'rcc:: Park, iid tract,. said paint laein,g t1;4 iiortliea4t corner of sad T.ot ~, Bl~~;k 1, ~leaclo~~ Lrack P1azaldditiran; Tlrenec; Soutkr ~~°Sr'D€~" lk`est 4uitlt fire ttvrth line ct# said. BCP Cedar C`rcck Parr;, I,td tract for a d istance of x27.37 feet to a point fvr vcirder tt[ the nortlrcast earner at' said IiCP Cedar Creek. k'ark, Gtd tratiri; x'17 s1.r; sr-ruth ty3°~7'] ~„ Wc~t ;~rith tlic cast tine atf said 1ttM'l' tr;edar 'reek I'~trk, Ltd tra+:t fpr a distn7tGe aC bEf3.`'U I~et tc, a paitrt for' ccartaer at the suutlteast darner of said T' f~~~tar ttireek T',rrk ,Ltd tract, said paint heirag in fire nartlt line of said Lavaca Crail; Thence, Nc~rtlt $~°~5'!~(t" 1nat ~=~•ifla tTic south line of said FxG`I' Cedar Creek Park, I,td tract, same Tieing fife north lino of stud La~aaea Trawl tea the F(~INT QT I3>~GI,NNII~G and casntainin~ S.tl6 aa±tcs ~1 l~srttl niora tar Icss. Exhibit C -Conceptual Site Plan r Ea~n>; X ~ I ~ tS ,~`. \~ l o D€V~LOPMFNT ~ ^~^ ~ ., iRRGt I \ 5-w ~ ~.,,~ '~ i 3,~Z AC ~ 1 ~• f~" ~ i r S ~ ~~ 55i HJt~r ..:541'-'~_ _,~~ ~~ JJ..____L_ esx~;e e it 1~ : ~. ;., z m~,~r, Stadt~ pmx~F~ Rtiekq~Mbf WmItKW I--'~ _~. i , „~~ 4- 1 r e r~ KEY PL,~ N N o~ Noc~T~ Et~vATioN cONCewr C(~...L~YVILLE, TEXAS MItrL..ER :; HCyt~t3E5 3 ~- ~, ~ ~:~ . ~ ~ ~ ~ ~ ~ a w a ^ W ^ w i ^ ~ if t?GAR9 ~ '. v5 Ob/,2.9 ! IGt r.. -.- y4~ mar..-,<s-^-_nr s~ ~. u.cc~-one 02 WE".`"~" ELEVATION CONCEPT a-+OUNc0c~WmJXW 1. a i~ 4 r 1 J - ._. ` r ~ ~ ~„ rY~ _ _,.. ax f°r, r xrnr~« II ' 4 ff,, ~"!~ m=!, , I - , ~ ~ J, ~,~ i ~ *,, ~ ~ A.I Ii.J_CA 4-4Gl.L H R~~~'+~t~ub PARK Exhibit E -Landscape Plan t,~ X11I ~~ II I i ~ i ~ i res r~+ut c+rn~ I I r __ 1 11' -'''!~ ~ ~ ~ IH~- ~ I ~ ~ ~6Y.1 T r y:Mnf?aa i j r L I j;l ~~~.~~w~ ~ e ~ 1 € r;,~~~~FSa I I ~ ~- ~' r ~~r4rsGENEI~ENi t TRACT I ~~-- Vt 3.~U2 dC `~ t ". i 4 ~ I I ~ i':y ~ _~~~ w <,,.~. _ J ,L . _ ..L~,.... ~_....____ .. LaVa~a_ Trap P_t i j h `', ~ ;mean Area f"~ _ t .~ ~ ni 2 ~ ~ wai , xr,.~ x r ~! r x I ~~~I,-I~C' t t ~u ~ ~~ i.-,~ ~: ir~ r~,., a 1 ORDINANCE O-15-1952 AMENDING ORDINANCE O-10-1761 CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS,the City of Colleyville approved Ordinance O-10-1761 on August 3, 2010 to establish the zoning of 8.08 acres out of Tract 1B1, Abstract 1154 of the R.H. Survey from CC2 – Shopping Center zoning district to PUD-C – Planned Unit Development – Commercial zoning district under Case Number ZC10-017; and WHEREAS, the applicant has requested an amendment to Ordinance O-10- 1761 to submit a detailed site plan for 3.022 acres 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 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 Ordinance O-15-1952 Page 2 of 4 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 O-10-1761 conditions. Sec. 3.THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein, as depicted in Exhibit “A”. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. General a. The purpose of this PUD-C is for an office development. b. This property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. Zoning Exhibit a.The development shall be generally consistent with Exhibit “B”, which shall not be considered the plat. 3. Building Elevations a.Buildings shall be consistent with the elevations shown on Exhibit “C”. Ordinance O-15-1952 Page 3 of 4 b.Buildings shall utilize natural stone as the primary exterior finish material, with other masonry products provided in accent areas. c.Architectural elements including large wood brackets, cut stone bands, arched doors and windows, and decorative iron lights shall be provided. d.Each building must achieve a minimum commercial design score of 31.8 points. 4. Open Space a.This development shall provide a minimum of 40% common open space, as shown on Exhibit “B”. All open space areas shall be landscaped and maintained by the property owner as shown on the attached Exhibit “D”. b.The distribution of landscaping on the property shall be in accordance with the attached Exhibit “D” labeled Landscape Plan. At a minimum, all landscaping shall comply with Chapter 4-Landscaping in the Land Development Code. 5. Parking a. This development shall be required to have a minimum of 87 parking spaces. 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 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 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 Ordinance O-15-1952 Page 4 of 4 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of May 2015. The second reading and public hearing being conducted on the 12th day of May 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” – Location and Zoning Map Exhibit “B” – Zoning Exhibit Exhibit “C” – Building Elevations Exhibit “C” – Building Elevations, Continued Exhibit “C” – Building Elevations, Continued Exhibit “D” – Landscape Plan 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 covv) �I wiil speak In Support of this item. I will speak In Opposition to this item. I dq,not wish to speak, but please record my: �support opposition I/ �n n •F%ir�i Address: 3�9 U7 UL1 U� I1� ��� �`� e'�- City: �Z— I understand i am /imited 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 wlth the Texas Open Meetings Law, Chapter 551 of the Texas Loca/ Government Code. This inc/udes pe�sons speaking under the Cit�en's Comments section of the agenda. Signed This information is a Pub/ic Record 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 6c Agenda Date 05/12/2015 Number Ordinance O-15-1953 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for an accessory building on Lot 12, Block 4, of the Ashmore Addition, located at 2705 Highgrove Court, Case ZC15-006 Strategy Map Connection There is no strategy map connection for this item. Explanation Second Reading and Public Hearing There were no speakers regarding this request at the May 5, 2015 City Council meeting. First Reading and Public Hearing Kelly Fontenot, the property owner, has submitted a request for a Special Use Permit (SUP) to construct a 1,928 square foot detached accessory building on 0.814 acres located at 2705 Highgrove Court. Existing Conditions. The property is zoned R20 – Single Family Residential zoning district and is currently developed as a 5,235 square foot single family residence. Applicant's Request. The applicant plans to construct a masonry accessory building in the rear portion of the lot, nearly eighty nine (89) feet from the rear lot line and over twenty (20) feet from the eastern side lot line. The accessory building will be located entirely behind the primary residence and separated by a distance of 29 feet. The proposed height is twenty-eight feet, one and one-half inches (28’ 1 ½”) to the highest roof ridge as illustrated on the attached Elevations exhibit. The proposed roof has a 12:1 pitch. The applicant intends to use the accessory building as a pool house and recreation room as indicated in the attached Statement of Planning Objectives. Colors for the masonry have not been specified at this time. Accessory buildings are regulated in the Land Development Code by Section 3.27 - Accessory Buildings and Residential Carport Regulations. Section 3.27 requires a Special Use Permit for any accessory building that does not meet the conditions of this section. The conditions allow up to a 1,000 square foot accessory building for a lot that is between 0.5 and 0.99 acres; therefore, a Special Use Permit is required for the proposed accessory building. City Council Agenda Briefing 6c City of Colleyville Page 2 The proposed accessory structure complies with the R20 – Single Family Residential zoning district’s required ten (10) foot and twenty five (25) foot side and rear yard setbacks, respectively. The lot size of 0.814 acres equates to 35,458 square feet. The existing area under roof is 6,468 square feet. Including the proposed 1,928 square feet, the total covered area would be 8,396 square feet, or roughly twenty-four percent (24%) lot coverage. The R20 – Single Family Residential zoning district allows for up to thirty percent (30%) lot coverage. The proposed accessory building will not penetrate the Vertical Height Envelope as shown on the attached exhibit. Non-Compliant Factors. The proposed accessory structure does not comply with the following provisions of the Land Development Code: 1. Section 3.27(A)2 – Maximum Size and Number of Buildings: For lots below one acre in size, the maximum size for all accessory buildings on the site is 1,000 square feet. The proposed size of the accessory building is 1,928 square feet. The proposed accessory building complies with the other requirements of Section 3.27. The site plan, floor plan, and elevations are incorporated as exhibits to the ordinance. Surrounding Development Trends. Surrounding properties to the north, east, and west are zoned R20-Single Family Residential zoning district and are developed as single family detached homes. Land to the south is Zoned AG – Agricultural and developed with a single family detached home. Public Notification. Staff mailed notices to 15 adjacent property owners as well as all Homeowners Associations within 500 feet of the subject property regarding this request. Notification was also sent to the Grapevine-Colleyville ISD per state law. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. To date, staff has received one letter of support from a resident located within the 200 foot buffer area. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the April 13, 2015 meeting by a vote of 7-0. Summary. The applicant proposes to construct a detached accessory building that exceeds the size allowed by the Land Development Code. Given that the proposed structure meets all other requirements, staff recommends approval. Financial Impact There is no financial impact to the City. City Council Agenda Briefing 6c City of Colleyville Page 3 Recommendation Approval with the following conditions: a. The Special Use Permit shall apply to the construction of an accessory building. b. The accessory building shall not exceed 1,928 square feet in size including all covered patio areas. c. Design and exterior materials shall be generally consistent with Exhibit “C”. All façades shall be composed entirely of masonry. d. The accessory building may only be used for recreational purposes and not as an accessory dwelling unit. e. All requirements of the Land Development Code shall be met, except where amended herein. Attachments 1.Location and Zoning Map 2.Aerial 3.Future Land Use Map 4.Notification List 5.Buffer Map 6.Letter of Support 7.Statement of Planning Objectives 8.Zoning Exhibit 9.Elevations 10.Vertical Height Envelope 11.Ordinance O-15-1953 W E S T G R O V E L N EDGEWOOD LN ST R A I G H T LN HIGHGROVE CT R-20 AGAG R-20 R-20 R-20 AG R-20 2800 5100 5212 2712 5009 2900 5005 271327012709 2807 5008 2705 2809 5200 2616 5108 5108 5209 5208 5204 5000 2700 5006 5108 2801 2704 5002 5004 2901 2802 2903 2810 2901 2806 2900 2903 2905 2708 2907 2904 2803 2902 2805 2807 2612 2712 5001 2906 5003 5005 29062904 5007 2800 2604 2902 5009 281028082806280428025213 2916290429082912290028042808271228002708270426002700 2920 2809 2608 3005/ Subject Property PO O L R D GLADE RD Location and Zoning Map 2800 5009 2713 2701 2712 2709 5100 2705 2802 5200 2708 2712 5108 2704 5108 2806 5108 2700 5008 5204 2807 / Subject Property PO O L R D HIGHGROVE CT Aerial ST R A I G H T LN 2800 2712 5009 5100 2713270127092705 5008 5200 2700 2704 5005 5208 5204 2802 2801 2708 5108 2803 2805 2806 2807 5108 2712 5108 2616 52095212 2807 / Subject Property Legend Single Family Multi-Family Office Retail Institutional Industrial Roadway Utilities Parks Private Open Space Water PO O L R D HIGHGROVE CT Future Land Use Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address McCormick, Robert J 2220 Pool Rd Ste 100 Grapevine Texas 76051 005009 Pool Rd McCormick, Robert & Cynthia 2220 Pool Rd Ste 100 Grapevine Texas 76051 002712 Glade Rd Mikulik, Walter Etux Eva 5100 Pool Rd Colleyville Texas 76034 005108 Pool Rd Texcan Ventures Vii Ltd 5100 Pool Rd Colleyville Texas 76034 005108 Pool Rd Texcan Ventures Vii Ltd 5100 Pool Rd Colleyville Texas 76034 005108 Pool Rd Dzura, Michael Etux Patricia 2704 Highgrove Ct Colleyville Texas 76034 002704 Highgrove Ct Do, Phuong N Etvir Binh V 2700 Highgrove Ct Colleyville Texas 76034 002700 Highgrove Ct Yancey, Charles W Etux Theresa 2701 Highgrove Ct Colleyville Texas 76034 002701 Highgrove Ct Fyffe, Jack B & Jane G 2708 Highgrove Ct Colleyville Texas 76034 002708 Highgrove Ct Little, David P Etux Shelly 2712 Highgrove Ct Colleyville Texas 76034 002712 Highgrove Ct Staley, David C 5200 Pool Rd Colleyville Texas 76034 005200 Pool Rd Mikulik, Walter Etux Eva 5100 Pool Rd Colleyville Texas 76034 005100 Pool Rd McCormick, Robert & Cynthia 2220 Pool Rd Ste 100 Grapevine Texas 76051 002800 Glade Rd Johnson, Zachary S Etux Amy W 2713 Highgrove Ct Colleyville Texas 76034 002713 Highgrove Ct Fontenot, Kelly R Etux Kelle L 2705 Highgrove Ct Colleyville Texas 76034 002705 Highgrove Ct Wuestenberg, Kurt Etux Melissa 2709 Highgrove Ct Colleyville Texas 76034 002709 Highgrove Ct GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE Grapevine Texas 76051 State Law Required Dan Hatley, Applicatnt PO Box 1013 Colleyville Texas 76034 Applicant Public hearing notices were mailed  Wed., April 1, 2015 by Taci Wrisley Notification List GLADE RD RED OAK CT E EDGEWOOD LN MEADOWVIEW DR ST R A I G H T LN MEANDERING CT RED OAK CT W HIGHGROVE CT 2800 2512 5212 5100 5300 2712 5009 2900 5005 271327015108 2709 5108 2807 5008 2705 28095108 5200 2616 2604 2608 5209 5208 5204 2600 2700 2801 5213 2800 2704 2504 2809 2802 2810 2901 2806 2904280828042900 2612 2712 2708 2608 2803 2704 2805 2800 2802 2804 2708 28102806 2807 2808 2700 2712 2500 2901 2900 2701 2703 290128052803280127072705 5006 5004 5000 5002 2908 2902 2903 0 / Subject Property PO O L R D GLADE RD HIGHGROVE CT Case ZC15-006 2705 Highgrove Ct Legend Properties within 200 feet Subject Property Parcels Buffer Map From:CapitalCorp Sent:Tuesday, April 7, 2015 7:11 PM To:Taci Wrisley Cc:Ron Ruthven Subject:Re: ZC15-006 Taci;  Thank you for sending me the plans.   My comments are as follows:    "As a homeowner that falls within the 200' notification area, I have reviewed the submitted plans and believe that the  Owners' project will be an enhancement to Ashmore and the surrounding neighborhoods.   Please put me down as being  in favor of approval by the P & Z Board"    David Staley  5200 Pool Rd                                                                   Letter of Support S t a t e m e n t o f P l a n n i n g O b j e c t i v e s Zoning Exhibit El e v a t i o n s Ve r t i c a l He i g h t En v e l o p e ORDINANCE O-15-1953 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING OF LOT 12, BLOCK 4, OF THE ASHMORE ADDITION, LOCATED AT 2705 HIGHGROVE COURT BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for an accessory building under Case No. ZC15- 006; 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 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 Ordinance O-15-1953 Page 2 of 4 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 changing the zoning on Lot 12, Block 4, of the Ashmore Addition, located at 2705 Highgrove Court by authorizing a Special Use Permit for an accessory building, as depicted on Exhibit “A” and Exhibit “B”. Sec. 3.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. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The Special Use Permit shall apply to the construction of an accessory building. b.The accessory building shall not exceed 1,928 square feet in size including all covered patio areas. c.Design and exterior materials shall be generally consistent with Exhibit “C”. All façades shall be composed entirely of masonry. d.The accessory building may only be used for recreational purposes and not as an accessory dwelling unit. e.All requirements of the Land Development Code shall be met, except where amended herein. Ordinance O-15-1953 Page 3 of 4 Sec. 5.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. 6.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. 7.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of May 2015. The second reading and public hearing being conducted on the 12th day of May 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor Ordinance O-15-1953 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” – Location and Zoning Map Exhibit “B” – Zoning Exhibit Exhibit “C” – Building Elevations 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 6d Agenda Date 05/12/2015 Number Ordinance O-15-1954 Type Ordinance Department Community Development Title Consideration of an amendment to the Special Use Permit requirements on Lot 1R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC15- 007 Strategy Map Connection There is no strategy map connection for this item. Explanation Second Reading and Public Hearing There were two speakers in support regarding this request at the May 5, 2015 City Council meeting, neither of which are located in the 200 foot buffer. Furthermore, City Council directed staff to add language to the proposed ordinance allowing for administrative approvals of minor modifications to the existing outdoor storage areas. The following language has been added to the proposed ordinance: "The Community Development Director, or his/her designee, shall be authorized to approve minor changes to outside storage or sales areas designated by this Special Use Permit, so long as the overall intent remains the same in terms of general location, square footage, and impact on adjacent properties. The Director may determine that any changes to outside storage or sales areas warrant an amendment to this Special Use Permit." First Reading and Public Hearing Sara Smith has submitted an application to amend the Special Use Permit (SUP) for outside storage for the Westlake ACE Hardware store, located at 4701 Colleyville Boulevard. Existing Conditions. Westlake ACE Hardware currently occupies the southern portion of the existing 190,000 square foot Colleyville Downs shopping center located along the east side of SH 26/Colleyville Boulevard, between Glade Road and Centerpark Drive. The subject property is currently zoned CC2-Shopping Center district. A Special Use Permit for outside storage was approved on February 19, 2008 by attached Ordinance O-08-1660. Statement of Planning Objectives. Several outside sales areas were approved in conjunction with Ordinance O-08-1660 as described below. The applicant is proposing City Council Agenda Briefing 6d City of Colleyville Page 2 to increase the allowed height of the “Bulk Storage Area” from four feet (4’) to eight feet (8’). This area is primarily used for storage and display of stacked bags of mulch, soil, stones, and other similar products. In addition, relocation of the “Outside Sales Area” is requested in order to accurately reflect its current location at the end of the parking aisle directly to the southwest of the area approved by Ordinance O-08- 1660. The four (4) handicap-accessible parking spaces located in the new "Outside Sales Area" will be shifted to the aisle immediately to the northeast. The description of the current outside sales and storage areas is as follows (refer to the attached zoning exhibit): a. Outside Sales Area: Items stored in this area shall be stacked no higher than four feet. No fencing shall be permitted around the perimeter of this area. b. Outside Sales Area #2: This area shall be limited to the sidewalk adjacent to the building. Goods displayed or stored in this area shall be stacked no higher than six feet. c. Bulk Storage Area: Goods stored in this area shall be no higher than four feet (an increase to eight feet in height is requested). d. New Fenced Sales Area: This area shall be an extension of the existing chain-link fence. e. Fenced Storage Area: This area shall be screened with slats located between the fence links with a maximum height of items to be stored of 8 feet. The screening slats shall be maintained and kept in good condition and appearance. Screening. The applicant is proposing to provide a row of Oakleaf holly bushes along Centerpark Drive in order to screen the outside storage areas. The holly bushes are planned to be installed six feet apart, and will be six feet in height at time of planting. Vegetation will be irrigated by a drip line. These requirements are outlined in the draft ordinance. Surrounding Development Trends. Properties surrounding the subject site on the north, east, and west are zoned CC2-Shopping Center and are developed as retail and office uses. Land to the south is zoned PUDR-Planned Unit Development Residential and is developed with single family residences. The attached Proposed Screening renderings conceptually illustrates how the plantings will screen the outdoor storage area. Public Notification. Staff mailed notices to all adjacent property owners within 200 feet of the subject property and all Homeowner Associations within 500 feet. Notification was also sent to the Grapevine-Colleyville ISD per state law. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land City Council Agenda Briefing 6d City of Colleyville Page 3 Development Code. Staff has received two letters of concern, neither of which were located within the 200 foot buffer, and two letters of support regarding this request, one of which was located within the 200 foot buffer. Additionally, there were two people who spoke in support of this request at the April 13, 2015, Planning and Zoning Commission meeting, neither were located within the 200 foot buffer. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request on April 13, 2015 by a vote of 5-2 with the condition that the proposed screening be extended around the southeastern corner of the parking spaces. Summary. The proposed increase in height for the "Bulk Storage Area" from four (4) to eight (8) feet may negatively impact aesthetics of the site; however, this may be mitigated through installation of the proposed vegetative screening. The relocation of the "Outside Sales Area" as proposed would not be detrimental to the site. Additionally, Section 4(1)"c" in Ordinance O-08-1660 is being revised to clarify that the SUP will expire if the ownership of the hardware store changes instead of the ownership of the entire development. Financial Impact There is no financial impact to the City. Recommendation Approval with the following conditions: 1. General b. All outdoor storage areas shall conform to the descriptions and locations shown on the attached Exhibit “B”. c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, change in ownership of the hardware store, or the expiration or termination of the Certificate of Occupancy for the approved use. d. The Community Development Director, or his/her designee, shall be authorized to approve minor changes to outside storage or sales areas designated by this Special Use Permit, so long as the overall intent remains the same in terms of general location, square footage, and impact on adjacent properties. The Director may determine that any changes to outside storage or sales areas warrant an amendment to this Special Use Permit. 2. Outdoor Storage Specifications c. Bulk Storage Area: Goods stored in this area shall be no higher than eight feet. City Council Agenda Briefing 6d City of Colleyville Page 4 3. Screening a. A row of Oakleaf holly bushes shall be installed along Centerpark Drive to screen the outside storage areas. b. The plants shall be six feet in height at time of installation, and planted six feet apart. c. A drip line irrigation system shall be provided. d. Plants that are damaged or die must be replaced immediately. Attachments 1.Location and Zoning Map 2.Aerial 3.Future Land Use Map 4.Notification List 5.Buffer Map 6.Letters of Concern 7.Letters and Speaker Cards of Support 8.Statement of Planning Objectives 9.Zoning Exhibit 10.Proposed Screening 11.Ordinance O-08-1660 12.Ordinance O-15-1954 CRE E K V I E W L N CE N T E R P A R K COLL E Y V I L L E B L V D CREEKVIEW LN LA K E S H O R E C T GLA D E C R E E K D R CL E A R W A T E R CT CC-2 CC-1 R-MF PUD-R CC-1 601 4701 4801 710 4700 4712 4843 4709 4718 4800701 4714 4700 724 4607 4620 4603 4841 4717 4701 601 4605 4725 4616 4609 707 4700 4804 800 4704 600 812 4708 4608 4800 4712 4612 833 608 4608 808 804 829 700 613609 617 601 604 605 4808 825 4814 726 4922 714 4814 621 4603 710710 710 737 714 733 714 80146034603610 802 729 805 821 4602/ Subject Property Location and Zoning Map CRE E K V I E W L N CE N T E R P A R K COLL E Y V I L L E B L V D CREEKVIEW LN LA K E S H O R E C T GLA D E C R E E K D R CL E A R W A T E R CT / Subject Property Aerial CRE E K V I E W L N CE N T E R P A R K COLL E Y V I L L E B L V D CREEKVIEW LN LA K E S H O R E C T GLA D E C R E E K D R CL E A R W A T E R CT/ Subject Property Legend Single Family Multi-Family Office Retail Institutional Industrial Roadway Utilities Parks Private Open Space Water Future Land Use Map Owner Name Owner Address Owner City Owner State Owner Zip Situs Address R&L Capital Properties Llc 6903 Shepherds Gln Colleyville Texas 76034 004800 Colleyville Blvd Fonberg, Peter D 5452 Glen Lakes Dr Ste 203 Dallas Texas 75231 004718 Colleyville Blvd 4714 Colleyville Blvd Prtnrs 8235 Douglas Ave Ste 655 Dallas Texas 75225 004714 Colleyville Blvd Ac Village Park Partners Llc 8235 Douglas Ave Ste 655 Dallas Texas 75225 004701 Colleyville Blvd Daunis, Walter F & Letaine 106 Blue Stem Ln Haslet Texas 76052 004609 Colleyville Blvd Ac Village Park Partners Llc 8235 Douglas Ave Ste 655 Dallas Texas 75225 004801 Colleyville Blvd Ac Village Park Partners Llc 8235 Douglas Ave Ste 655 Dallas Texas 75225 004725 Colleyville Blvd Pardo, Lisa D 904 Saddlebrook Dr Colleyville Texas 76034 004607 Colleyville Blvd Harris, John 4808 Lakeshore Ct Colleyville Texas 76034 004808 Lakeshore Ct Erickson, Orlando Etux Anna 4804 Lakeshore Ct Colleyville Texas 76034 004804 Lakeshore Ct Rhodes, Dee Ann Etvir Joe 4712 Lakeshore Ct Colleyville Texas 76034 004712 Lakeshore Ct Wren, Donald C Etux Barbara 4704 Lakeshore Ct Colleyville Texas 76034 004704 Lakeshore Ct Talkington, Mary Alice 4708 Lakeshore Ct Colleyville Texas 76034 004708 Lakeshore Ct Charlotte Walters Family Trust PO Box 1669 Burnet Texas 78611 004800 Lakeshore Ct Hardin, Jo Dora 600 Creekview Ln Colleyville Texas 76034 000600 Creekview Ln Moyer, Cecilia C 604 Creekview Ln Colleyville Texas 76034 000604 Creekview Ln Johnson, Yvonne F 608 Creekview Ln Colleyville Texas 76034 000608 Creekview Ln Thomas, Barry J Etux Nancy E 800 Creekview Ln Colleyville Texas 76034 000800 Creekview Ln Nicholas, Rene Lou 808 Creekview Ln Colleyville Texas 76034 000808 Creekview Ln Fick, Gary Etux Rebecca Cast 804 Creekview Ln Colleyville Texas 76034 000804 Creekview Ln Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas Texas 75219 000724 Creekview Ln Patel, Geeta Tr 601 Creekview Ln Colleyville Texas 76034 000601 Creekview Ln Hasheesh, Abdul M Etux Nour A 605 Creekview Ln Colleyville Texas 76034 000605 Creekview Ln Winstead, Debra A 717 Creekview Ln Colleyville Texas 76034 000717 Creekview Ln Ross, Mickey K 721 Creekview Ln Colleyville Texas 76034 000721 Creekview Ln Espinosa, Roberto & Vilma 801 Creekview Ln Colleyville Texas 76034 000801 Creekview Ln Crumpler, John K Etux Kandis L 725 Creekview Ln Colleyville Texas 76034 000725 Creekview Ln Sorlie, Victor A Etux Linda 729 Creekview Ln Colleyville Texas 76034 000729 Creekview Ln Teague, Mary P Etvir Daniel 733 Creekview Ln Colleyville Texas 76034 000733 Creekview Ln Dehart, Doris 737 Creekview Ln Colleyville Texas 76034 000737 Creekview Ln Realty Income Tx Pro 1 Llc PO Box 460069 Escondido California 92046 004700 Glade Creek Dr Ac Village Park Partners Llc 8235 Douglas Ave Ste 655 Dallas Texas 75225 004709 Colleyville Blvd Ac Village Park Partners Llc 8235 Douglas Ave Ste 655 Dallas Texas 75225 004717 Colleyville Blvd Schwab Group Llc 714 Centerpark Dr Ste 100 Colleyville Texas 76034 000714 Centerpark Avia Properties Llc 714 Centerpark Dr Ste 140 Colleyville Texas 76034 000714 Centerpark Betty B Pannell Rev Liv Tr PO Box 815 Colleyville Texas 76034 000710 Centerpark 1 Chronicles 29:10‐20 Llc 6620 Cedar Grove Dr North Richland Hills Texas 76182 000714 Centerpark Colleyville Centerpark Assoc PO Box 47 Colleyville Texas 76034 000710 Centerpark Raphael Leasing Llc PO Box 820895 North Richland Hills Texas 76182 000710 Centerpark Kettle, Keith & Teresa S 714 Centerpark Dr Ste 120 Colleyville Texas 76034 000710 Centerpark Centerpark Colleyville Prtnrs 3008 E Hebron Pkwy Bldg 300 Carrollton Texas 75010 000000 Colleyville Blvd Ervin, Richard L Etux Terri 1155 W Wall St Ste 101 Grapevine Texas 76051 004700 Colleyville Blvd GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE Texas 76051 State Law Required Hoa ‐ Lakewood Estates 6707 Brentwood Stair Rd Fort Worth Texas 76112 COURTESY NOTICE LAKEWOOD ESTATES HOA 4908 LAKESHORE COURT COLLEYVILLE Texas 76034 COURTESY NOTICE Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas Texas 75219 COURTESY NOTICE Sara Smith 4701 Colleyville Blvd. Suite 100 Colleyville Texas 76034 Applicant Public hearing notices were mailed  Wed., April 1, 2015 by Taci Wrisley Notification List CRE E K V I E W L N CE N T E R P A R K COLL E Y V I L L E B L V D CREEKVIEW LN CLEAR LAKECT LA K E S H O R E C T CENT E R P A R K GLADE RD GLA D E C R E E K D R EDGEWATERCT LAKEWOOD DR SHADOWOOD TRL LAKER I D G E C T CL E A R W A T E R CT OLD GLADE RD 4501 601 4701 4801 4922 701 710 710 4814 4700 4712 633 4843 4709 4718 4800 4603 700 4714 4700 724 4607 901 4620 707 4841 4701 800 4717 601 4616 4605 4725 4609 4913 821 4604 4944 4700 4608 1001 4608 4600 624 4804 817610 4808 4928 4932 4701 629 800 4704 1005 600 4801 5519 4612 812 4708 4713 4800 628 4805 4902 4940 721 4936 4712 701 4709 4705 4925 833 608 813 49174903 733 737 905 729 808 801 804 825 829 490023082306 4605 4601 613609 4609 617 4613 709 725 601 717705 604 713 621 805625 809 605 4935 2300 1002 1000 4700 726 714 49042302 4601 2304 4603 710710 710 714714 1009 46034603 46014601 2100 1001 4701 802 4602 1001 / Subject Property Case ZC15-007 4701 Colleyville Blvd.Suite 100 Legend Properties within 200 feet Subject Property Parcels Buffer Map 1 From:Joel Hart Sent:Thursday, April 9, 2015 9:34 AM To:Geoffrey Owen; Sorlie Vic; Morse Billie; Stalford Beth; Hardin Jo Cc:Patia Boomsma; Taci Wrisley Subject:Zoning Variance for Ace Hardware Centerpark Dr. / Hwy 26 Attachments:Scan0001.pdf Friends and neighbors. Here are some of the things that concern me about the future zoning request by Ace Hardware. 1- Stacking 40 pound bag of manure, compost, mulch etc. to 8 feet can be hazardous to the employees of Ace Hardware also to the customers should they try to help themselves. I understand this should not be a concern of the zoning and planning commision. Its more for Ace Hardware management to consider. 2- The hedge is made of 6 foot tall hollies that should be measured from the ground up Not from the root ball up as we could end up with 4 foot bushes that would not cover half of the stacked products for the next five years. 3- The exterior products would still be very visible as you approach the store from south Centerpark Dr. To fix this problem the hedge should go all the way to the end of the side garden rather than simply behind the 8 foot stack of material. 4- I believe the hedge should be installed prior to granting the Zoning change to avoid discrepancies on the size, height and number of the hollie bushes. 5- The outside sales area has been moved prior to the Zoning change. This is simply my opinion. I like the store and Sarah the manager. The hedge should have been installed many years ago when they started stacking materials outside. If I am in town I will attend the zoning and planning commission meeting. I will also e mail my opinion to the President of the commission and all respective people. Some questions to ask: Will the change increase the city's revenue? Will the change improve safety ? 24ft" fire lane access. Will the change ad to the esthetics of the area? Will the change complement the developers recent investments in the shopping center? The Chairman of the Zoning and Planning commission is Mr. Jeffrey Byerly. His e mail is JeffByerly@tx.rr.com The e mail if you can not attend should be sent to Ms. Patia Boomsma AICP pboomsma@colleyville.com Joel C. Hart Letters of Concern Letters of Concern 1 Patia Boomsma From:Beth Sent:Thursday, April 9, 2015 1:10 PM To:Patia Boomsma Subject:Zoning Variance for Ace Hardware Centerpark Dr. / Hwy 26 Follow Up Flag:Follow up Flag Status:Completed Dear Ms. Boomsma, I live in the Cambridge Place community off of Centerpark - across the street from Ace Hardware. Ace Hardware is very convenient for many residents. However, it is the only store in Colleyville Downs without shrubbery to hide outdoor products and dumpsters. Dumpsters are always hidden from view of the street. I’m sure you have noticed that neighboring Lowe’s and Home Depot stores are strictly enforcing no outside storing of materials and dumpsters are hidden. I would like to see the commission take advantage of Ace Hardware’s zoning request and make them extend the new landscaping plan to cover current eyesores. Thank you very much, Beth Stalford 701 Creekview Lane 817/941-1816 Letters of Concern Letters and Speaker Cards of Support Letters and Speaker Cards of Support Letters and Speaker Cards of Support From: Kevin Crumpler Sent: Saturday, April 11, 2015 11:27 AM To: Patia Boomsma Cc: JeffByerly@tx.rr.com Subject: ZC15-007 Patia: I intend to attend the upcoming P&Z Meeting, but if I can't make it I'd like to say that I fully support the request submitted by Ace Hardware 'ZC15-007. Thanks! Kevin Crumpler 725 Creekview Lane Colleyville, Texas 76034 Letters and Speaker Cards of Support Le t t e r s an d Sp e a k e r Ca r d s of Su p p o r t Letters and Speaker Cards of Support Confidential Property of Westlake Hardware, Inc. Community Development Services Application for Special Use Permit Amendment to existing Ordinance O-08-1660 Applicant: Westlake Hardware, Inc. Date: March 26, 2015 STATEMENT OF PLANNING OBJECTIVES: Westlake Hardware, Inc. wishes to amend the current Special Use Permit for Outdoor Display and Storage. We currently have a Bulk Storage Area that allows for goods to be stored up to four feet in height. Our bulk bagged goods for this area are shipped in 8 foot tall pallets. To break down the product manually in order to comply with the existing Special Use Permit requires a great amount of additional labor, as well as takes up additional space. Westlake is hoping for approval to store these bulk bagged goods at the specification of up to 8 feet tall. If approved, Westlake will install an evergreen landscape screen in order to shield the visibility of the bulk storage area. The existing Ordinance O-08-1660 authorizes a Special Use Permit for Outdoor Display and Storage. The objective of this Application is to amend the Specifications in Section 4. 2. Outdoor Storage Specifications as described in the below: 2. Outdoor Storage Specifications a. Outside Sales Area: Items stored in this area shall be stacked no higher than four feet. No fencing shall be permitted around the perimeter of this area. b. Outside Sales Area #2: This area shall be limited to the sidewalk adjacent to the building. Goods displayed or stored in this area shall be stacked no higher than six feet. c. Bulk Storage Area: Goods stored in this area shall be no higher than four eight feet. d. New Fenced Sales Area: This area shall be an extension of the existing chain-link fence. e. Fenced Storage Area: This area shall be screened with slats located between the fence links with a maximum height of items to be stored 8 feet. The screening slats shall be maintained and kept in good condition and appearance. f. Fire Lane: A 24-foot fire lane shall be maintained around the building. The “Exhibit B – Site Plan” shall be deleted and replaced with the attached updated Exhibit B – Site Plan. The Outside Sales Area described in Section 4.2.a and also noted on the original Site Plan approved with O-08-1660 is also proposed to be slightly amended. The original Special Use Permit was approved in 2008. In 2011, the Property Owner and Westlake entered into an Amendment moving the Outside Sales Area to the southwest one aisle. This needs to be amended and updated for the O-08-1660 as well. Thank you for your consideration. Statement of Planning Objectives Westlake Ace Hardware 20,400 sf Landscape Notes: Install an evergreen hedge as a screen around the product loading area on South side of parking lot facing Centerpark Drive. Proposing to use 6’ tall ‘Oakleaf’ hollies planted on 6’ spacing, which will grow together and can be maintained as a screen for entire 150’ area of approved Bulk Storage Area. Oakleaf hollies are fast growing to 14 ft. tall and 6 ft. wide, and may be maintained as a sheared hedge or kept natural. Prior to installation, irrigation will need to be repaired in this area and retrofitted for the new planting bed. The bed will contain drip irrigation and be top dressed with hardwood mulch for a clean appearance. Existing trees will remain and the hedge will be planted accordingly. ZONING EXHIBIT – ZC 15-007 SUP Amendment for Outside Display and Storage (4701 Colleyville Blvd.) Amendment to Ordinance O-08-1660 Zoning Designation: CC-2 Scale 1” = 96’ .25” = 24’ Outside Sales Area 36’x68.5’ Live Goods Outside Sales Area #2 120’ long along sidewalk Bagged goods, firewood, landscape edging, plant racks New Fenced Sales Area 38.5’ x 98’ Live Goods, Pavestone, rock, soils Fenced Storage Area 36’ x 68.5’’ Overstock goods, mulches, soils, rock Bulk Storage Area 14’ x 150’’ Palletized goods, mulches, soils, stones, bagged goods Proposed Landscaping See Landscape Notes below 24’ Fire Lane Access ZONING EXHIBIT – ZC 15-007 SUP Amendment for Outside Display and Storage (4701 Colleyville Blvd.) Amendment to Ordinance O-08-1660 Zoning Designation: CC-2 Detailed Landscape Plan Colleyville Downs – Westlake Ace Hardware Westlake Ace Hardware utilizes a section of the south parking lot to display bulk bagged products such as mulch and soil for ease of loading for customers. In the interest of the ability to store those bulk products as they come in 8’ tall pallets, we desire to be a good neighbor to the community and adjacent homeowners’ association, by installing an evergreen hedge as a screen around the bulk storage area. We have landscaping bids proposing to use 6’ tall ‘Oakleaf’ hollies planted on 6’ spacing, which will grow together and can be maintained as a screen. The bed will contain drip irrigation and be top dressed with hardwood mulch for a clean appearance. Existing trees will remain and the hedge will be planted accordingly and will allow the hollies to mature. Current View Proposed Screening Proposed Screening ZONING EXHIBIT – ZC 15-007 SUP Amendment for Outside Display and Storage (4701 Colleyville Blvd.) Amendment to Ordinance O-08-1660 Zoning Designation: CC-2 Proposed screening after some growth Site Plan Proposed Screening ZONING EXHIBIT – ZC 15-007 SUP Amendment for Outside Display and Storage (4701 Colleyville Blvd.) Amendment to Ordinance O-08-1660 Zoning Designation: CC-2 Oakleaf Red Holly A hybrid holly with a tall, elegant, pyramidal form; foliage is similar in shape to that of an oak, emerging bronze to burgundy in spring and maturing to emerald green. Fast growing to 14 ft. tall and 6 ft. wide, may be maintained as a sheared hedge or kept natural. Sample photos showing matured growth: Proposed Screening ORDINANCE 0-08-1660 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1 R, BLOCK 2 OF THE VILLAGE PARK ADDITION, LOCATED AT 4701 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR OUTDOOR DISPLAY AND STORAGE; 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-08-004; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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 Ordinance 0-08-1660 Page 2 of 4 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 changing the zoning on Lot 1 R, Block 2 of the Village Park Addition located at 4701 Colleyville Boulevard, by authorizing a Special Use Permit for outdoor display and storage, as depicted on Exhibit "A", labeled as Location and Zoning Map. Sec. 3. 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. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit shall only apply to the use of a hardware store on the subject property. b. All outdoor storage areas shall conform to the descriptions and areas shown on the attached Exhibit "B", labeled as Site Plan. c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy for the approved use. 2. Outdoor Storage Specifications a. Outside Sales Area: Items stored in this area shall be stacked no higher than four feet. No fencing shall be permitted around the perimeter of this area. b. Outside Sales Area #2: This area shall be limited to the sidewalk adjacent to the building. Goods displayed or stored in this area shall be stacked no higher than six feet. Ordinance 0-08-1660 Page 3 of 4 c. Bulk Storage Area: Goods stored in this area shall be no higher than four feet. d. New Fenced Sales Area: This area shall be an extension of the existing chain-link fence. e. Fenced Storage Area: This area shall be screened with slats located between the fence links with a maximum height of items to be stored of 8 feet. The screening slats shall be maintained and kept in good condition and appearance. f. Fire Lane: A 24-foot fire lane shall be maintained around the building. Sec. 5. 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. 6. 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. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. Ordinance 0-08-1660 Page 4 of 4 ATTEST: , Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor 1;~~ ~. Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map Exhibit B -Site Plan 1, 1F1ES1L'~lCE~Ha~.Ra4~~AfiE - SI;'1`E P L~tN r+1W' ~ 1 _ ~~Y.. _ ..see ~` If ~"' M ~6 R • If i 1 ~ ~ ~ ; ~ ~~~ .~r s+w wr.i ~~ ~ e.e~ '~ .~.~. ..,~. _ ,. r" f..`~.....,.,~ .~ t}u#side 7r 1~ ~ 1F71C SN#~ ~•'~'°~ S~II~S Y l ~~V'.9Q Area I ~te;rrIOutsider^ Aroma{2~ ,~ ~~. r ~..~ .~~:. Hulk ' .r ~. Storm ~„ ~ r - Area , Propdsed d Fe e~d USIIdE.'SS'Saies Area .~ Ft~catprint rte ~ ~ ~ L,, r e4 .z~ 0~5r FS" ~ w ~~ ! Fenced ' ~"~T 5tora~e Area ~ 3 , `.~' ~ , . ~, . ~. ,~ W. -w...W.., ..r. rr14~.... wr.. ~T ~~lV'~ MKF~ ww. ~. ORDINANCE O-15-1954 AMENDING ORDINANCE O-08-1660 CONDITIONS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance O-08-1660 on February 19, 2008, to grant a Special Use Permit for outside storage on Lot 1R, Block 2, of the Village Park Addition, located at 4701 Colleyville Boulevard; and WHEREAS, the applicant has requested an amendment to Ordinance O-08- 1660 to increase the height of the “Bulk Storage Area” from four feet to eight feet, install an irrigated vegetative screen along Centerpark Drive, and relocate the “Outside Sales Area” to the end of the parking aisle immediately to the southwest of its current location under case number ZC15-007; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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 Ordinance O-15-1954 Page 2 of 4 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 O-08-1660 to increase the height of the “Bulk Storage Area” from four feet to eight feet, install an irrigated vegetative screen along Centerpark Drive, and relocate the “Outside Sales Area” to the parking aisle immediately southwest of its current location. Sec. 3. THAT the above described tract of land depicted in Exhibit “A” 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. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General b. All outdoor storage areas shall conform to the descriptions and locations shown on the attached Exhibit “B”. c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, change in ownership of the hardware store, or the expiration or termination of the Certificate of Occupancy for the approved use. d. The Community Development Director, or his/her designee, shall be authorized to approve minor changes to outside Ordinance O-15-1954 Page 3 of 4 storage or sales areas designated by this Special Use Permit, so long as the overall intent remains the same in terms of general location, square footage, and impact on adjacent properties. The Director may determine that any changes to outside storage or sales areas warrant an amendment to this Special Use Permit. 2. Outdoor Storage Specifications c. Bulk Storage Area: Goods stored in this area shall be no higher than eight feet. 3. Screening a. A row of Oakleaf holly bushes shall be installed along Centerpark Drive to screen the outside storage areas. b. The plants shall be six feet in height at time of installation, and planted six feet apart. c. A drip line irrigation system shall be provided. d. Plants that are damaged or die must be replaced immediately. Sec. 5. THAT Ordinance O-08-1660 shall remain in full force and effect except where 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 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 Ordinance O-15-1954 Page 4 of 4 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 5th day of May 2015. The second reading and public hearing being conducted on the 12th day of May 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. ATTEST: CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly C i t y S e c r e t a r y M a y o r APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” – Location and Zoning Map Ex h i b i t “ B ” – Z o n i n g E x h i b i t SPEAKER CARD Date: �� ��- � � ��J (� � -��� ��j -f Agenda Item Number: �POY �— Item must�e completed! For example: 5a (this can be found. on the far /eft side of the agenda covv) � 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: �S�) 50��1(�`� �C' • City: -1�-OC'� WO i understand i am limited to speaking for Fve minutes. For agenda items no! /isted on the agenda as a Pub/ic Hearing, City Counci/ cannot respond to speakers in accordance with the Texas Open Meetings Law, Chapter 55I of the Texas Loca/ Government Code, This includes persons speaking under the Citize� Comments5@ction o�t� agenda. Signed: This is a Pub/ic Record 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 6e Agenda Date 05/12/2015 Number Ordinance O-15-1955 Type Ordinance Department Community Development Title Approval of a boundary adjustment between the City of Euless and the City of Colleyville Strategy Map Connection B3 - Utilize partnerships to implement cost-effective service solutions. Explanation Second Reading and Public Hearing There was one speaker in opposition of this item at the May 5, 2015 City Council meeting. The speaker card is attached. First Reading and Public Hearing The City of Euless has requested that the City of Colleyville transfer 2.045 acres of Heritage Avenue right-of-way to the City of Euless through a boundary adjustment agreement. The right-of-way is located at the intersection of Heritage Avenue and Cheek-Sparger Road and extends approximately 1,349 feet to the north along Heritage Avenue. Fifty five (55) feet of right-of-way width is being transferred to Euless along the Heritage Avenue corridor with additional square footage at the southern boundary to accommodate future intersection improvements within Euless. Background. On March 20, 2012, a boundary adjustment was approved by the City Council per attached Ordinance O-12-1828 to incorporate 4.4 acres from the City of Euless into the City of Colleyville. The property is located at the northwest corner of Heritage Avenue (formerly Woodpark Lane) and Cheek-Sparger Road. The purpose of the boundary adjustment was to enable more effective physical development of the subject property and to improve the intersection alignment of Cheek-Sparger Road and Heritage Avenue (formerly Woodpark Lane) at a perpendicular angle. Boundary Agreement. Upon adoption of this ordinance and agreement, a portion of Heritage Avenue between Cheek-Sparger Road and Glade Road will be within the corporate boundaries of Colleyville and a portion will be within the corporate boundaries of Euless. Colleyville and Euless each agree to allow the drive approaches or other curb cuts onto Heritage Avenue to allow development within the other City's corporate boundaries, unless strictly precluded by traffic safety considerations and City Council Agenda Briefing 6e City of Colleyville Page 2 regulations. Colleyville and Euless agree to maintain all portions of Heritage Avenue within their respective City Limits. Colleyville and Euless agree that Heritage Avenue shall remain named Heritage Avenue unless otherwise agreed to by both Cities. City of Euless. The City of Euless has scheduled consideration of the boundary adjustment agreement on the May 12, 2015, City Council meeting agenda. Master Thoroughfare Plan Amendment. Upon approval of the proposed boundary adjustment agreement, staff will initiate amendments to the Master Thoroughfare Plan in order to adjust the terminus points of Heritage Avenue and to remove the special consideration intersection at Heritage Avenue and Cheek-Sparger Road, which will be located within Euless. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Boundary Adjustment Exhibit 2.Location Exhibit 3.Speaker Card in Opposition 4.Ordinance O-12-1828 5.Ordinance O-15-1955 Boundary Adjustment Exhibit Lo c a t i o n Ex h i b i t CITY OF COLLEYVILLE ORDINANCE NO. 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 Page 1 CITY OF COLLEYVILLE ORDINANCE NO. O-15-1955 CITY OF EULESS ORDINANCE NO. 2063 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 make 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, the cities previously entered into City of Colleyville Ordinance No. O-12- 1828 and City of Euless Ordinance No. 1945, Joint Ordinance and Boundary Agreement and now desire to revise the boundaries established by that Agreement; 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; and WHEREAS, Colleyville and Euless want to make other commitments as part of this Agreement to promote the efficient delivery of service, and sound regional growth. 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. Page 2 SECTION 2. Pursuant to Section 43.031 of the Texas Local Government Code, the area described and depicted in Exhibit A shall be released from the corporate boundaries of Colleyville and simultaneously incorporated into the corporate boundaries of Euless. SECTION 3. Upon adoption of this ordinance and agreement, a portion of Heritage Avenue between Cheek-Sparger Road and Glade Road will be within the corporate boundaries of Colleyville and a portion will be within the corporate boundaries of Euless. Colleyville and Euless each agree to allow the drive approaches or other curb cuts onto Heritage Avenue to allow development within the other City's corporate boundaries, unless strictly precluded by traffic safety considerations and regulations. Colleyville and Euless agree to maintain all portions of Heritage Avenue within their respective City Limits. Colleyville and Euless agree that Heritage Avenue shall remain named Heritage Avenue unless otherwise agreed to by both Cities. SECTION 4. The laws of the State of Texas shall govern the interpretation, 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 5. The effective date of this ordinance and agreement shall be the last day this ordinance and agreement is approved by a party hereto as indicated on the signature blocks below. SECTION 6. Either party may file a certified copy of this ordinance and agreement in the real property records of Tarrant County, Texas. SECTION 7. 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. Page 3 SECTION 8. 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 9. 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 unconstitutionality 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. SECTION 10. Should this ordinance and agreement for any reason be ineffective as to any part of the area hereby incorporated into the City of Euless, 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 area. The Euless City Council hereby declares it to be its purpose to include as part of the City of Euless every part of the area described in Exhibit A of this ordinance and agreement, regardless of whether any part of such described area is hereby not effectively annexed into the City of Euless. Provided further, if there is included within the general description of territory set out in Exhibit A of this ordinance and agreement to be hereby annexed into the City of Euless any lands or area which are presently part of and included within the limits of the City of Euless, or which are presently part of and included within the limits of any other city other than the City of Colleyville, or which are not within the City of Euless’ 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 area were expressly described herein. SECTION 11. 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 12. This Joint Ordinance and Boundary Adjustment Agreement, upon adoption by both cities, shall be executed in duplicate originals by the Mayor of each City. The first reading and public hearing being conducted on the 5th day of May 2015. Page 4 The second reading and public hearing being conducted on the 12th day of May 2015. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2015. CITY OF COLLEYVILLE, TEXAS B y : ________________________________ David Kelly, Mayor ATTEST: ________________________________ Amy Shelley, City Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Matthew C. G. Boyle, City Attorney PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the _____ day of ________________, 2015, by a vote of _____ ayes, _____ nays and _____ abstentions. CITY OF EULESS, TEXAS B y : ________________________________ Linda Martin, Mayor ATTEST: ________________________________ Kim Sutter, City Secretary APPROVED AS TO FORM AND LEGALITY: ________________________________ Wayne K. Olson, City Attorney Exhibit A SPEAKER CARD Date : �I �� � � Agenda �tem Number::�.- item must be compfeted! For example: 5a (this can 6e found on the far ►eft side of the ac�enda conyl I will s eak In S of hi i '" I wiil eak In O si i n to this item. p u p p o rt t s t e m. s p p p o t o Name: I do,not wish to.speak, but p�ease record my: � support opposition Address: �� � �/��'C�6'� l l ' Y`�" � � �... City: L�P (� � ,`� I undentand I am limited to speaking for irve minuies For ageRda iiems not lisied on the agenda as a Pu61ic Hearing, City Council canRot respond io speakers in accordaRce wiih the Texas Open MeetiRgs Law, Chapter 551 of the Te�ras tocal Government Code. This iRcludes persoRs speakiRg under the Ciiizen's Comments section of the agenda, Signed: �s a Pu61ic Recard SPEAKER CARD Date: Agenda �tem Nurrr�ber: �; � .- Item must be completed! For example: 5a �thr`s can he found on the far Ieft side of t, �-.� � `� Q .- �,�,,,, , I will speak In S�pport of this ite I will speak �n Opposition to ��is item. I do not wish to speak, but please record my: Name: � r``��� Address;��� 3 � I �" '�'� � � support opposition City: r I understand I am ►imited ta speaking t'or �ve mincrtes. Por agenda items not fisted on the agenda as a Pcrblic Hearing, City Cocrncif cannot respond to speakers in accordance with the Teatas Open Meetings Law, Chapter 551 of the Texas Local Government Code. This incicrdes persons speaking crnder the Citizen' C me ts section of the agenda. S' ned • � - ig . This is a Public Record 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 8a Agenda Date 05/12/2015 Number 8 Type Report Department Finance Title Monthly Financial Report - April 2015 Explanation General Fund The percentage of current year taxes collected is slightly behind the percentage collected for April 2014. It is anticipated that the budgeted 99.5% collection rate will be achieved. For the month of April, General Fund sales tax is up 6.37% ($12,979) from revenues reported for the same time period last year. Year to date General Fund sales tax is up 7.93% ($97,801). This is the thirteenth consecutive month of increased sales tax revenues as compared to the prior year, and this is the highest April 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 amount received for the quarterly Mixed Beverage Tax allocation in April was $25,673, which is slightly less than the amount received in April 2014. Year to date, total allocations have exceeded budgeted projections and the amount received last year. 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 April compared to seventeen that were issued in April 2014. Revenues received for licenses and permits exceed current year projections by over 38% year to date. The majority of this increase is attributable to building permit revenues, which includes an additional 27 new residential building permits issued over the same time period last year. Ambulance collections are ahead of budgeted projections by 4.62%. 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 City Council Agenda Briefing 8a City of Colleyville Page 2 are up 4% over the same time period last year. The average amount expended by the General Fund departments at the end of April is 50.23% of the total appropriation versus 51.48%, which was projected to be spent. Utility Fund Water usage increased 2.71% as compared to the amount sold through April 2014. While the first quarter of this fiscal year experienced a decrease in rainfall (2.66 inches), the past four months have seen a significant increase of rainfall (10.74 inches) when compared to the same time period last fiscal year. This recent increase in rainfall has caused a decline in water usage over the past three months. The average amount expended by the Utility Fund departments at the end of April was 42.08% of the total appropriation, versus 44.06%, which was projected to be spent. MONTHLY FINANCIAL REPORT - APRIL 2015 GENERAL FUND RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT FY 2015 AS OF AS OF PROJECTED AS OF CHANGE OVER REVENUE SOURCE BUDGET 4/30/2015 4/30/2015 INCR (DECR)4/30/2014 PRIOR YEAR Current Taxes $12,441,254 $12,201,785 $12,170,750 0.26%$11,349,206 7.51% Delinquent Taxes 70,000 11,824 17,500 -32.43%42,222 -72.00% Penalty & Interest 55,000 28,133 30,250 -7.00%34,246 -17.85% TOTAL AD VALOREM TAXES $12,566,254 $12,241,743 $12,218,500 0.19%$11,425,674 7.14% 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 32,960 35,000 -5.83%52,011 -36.63% Refuse/Recycling 146,000 94,451 83,631 12.94%83,517 13.09% Cable TV 430,000 273,335 250,833 8.97%239,944 13.92% TOTAL FRANCHISE TAXES $1,994,000 $1,916,837 $1,678,464 14.20%$1,768,227 8.40% Sales Tax $3,200,000 $1,330,338 1,329,891 0.03%$1,232,558 7.93% Mixed Beverage Tax 70,000 80,820 52,500 53.94%71,628 12.83% TOTAL SALES TAX $3,270,000 $1,411,158 $1,382,391 2.08%$1,304,186 8.20% Building $558,000 $460,293 $325,500 41.41%$450,117 2.26% Plumbing 50,000 36,585 29,167 25.43%40,388 -9.42% Mechanical 30,000 20,448 17,500 16.84%21,855 -6.44% Electrical 45,000 30,660 26,250 16.80%35,910 -14.62% City License 40,000 27,075 23,333 16.04%29,445 -8.05% Building Plan Review Fee 100,000 86,922 58,333 49.01%110,566 -21.38% New Business 4,000 2,538 2,333 8.77%2,726 -6.90% Sign Permit 6,000 5,335 3,500 52.43%7,040 -24.22% Fence Permit 4,000 5,925 2,333 153.93%6,625 -10.57% Fire Permits 6,500 7,255 3,792 91.34%5,050 43.66% Irrigation Permit 13,000 9,587 7,583 26.42%8,466 13.24% TOTAL LICENSES & PERMITS $856,500 $692,622 $499,625 38.63%$718,188 -3.56% Fines $735,000 $506,808 $428,750 18.21%$446,373 13.54% Alarm Fees 52,788 36,123 30,793 17.31%31,984 12.94% Library Fines 22,500 13,506 13,125 2.91%13,533 -0.20% TOTAL FINES $810,288 $556,437 $472,668 17.72%$491,890 13.12% MONTHLY FINANCIAL REPORT - APRIL 2015 RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT REVENUE SOURCE FY 2015 AS OF AS OF PROJECTED AS OF CHANGE OVER BUDGET 4/30/2015 4/30/2015 INCR (DECR)4/30/2014 PRIOR YEAR Re-zoning $7,500 $6,038 $4,375 38.02%$5,332 13.25% Plat Fee/Site Plan 5,000 6,350 2,917 117.71%8,463 -24.96% Board of Adjustment 1,250 875 729 20.00%1,700 -48.53% Sale of Material 100 17 58 -70.86%486 -96.50% Weed Mowing 6,500 4,051 3,792 6.83%27,660 -85.36% Ambulance 300,000 183,083 175,000 4.62%195,574 -6.39% Recreation Program 160,000 87,497 91,484 -4.36%97,861 -10.59% 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 58,333 260.33%163,288 28.73% Colleyville Center Rental 257,250 141,251 148,357 -4.79%132,642 6.49% Lot Drainage Insp Fee 13,000 12,250 7,583 61.54%9,125 34.25% TOTAL CHARGES FOR SERVICE $906,600 $716,318 $548,629 30.56%$697,266 2.73% 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 $2,917 30.20%$13,801 -72.48% Interest Income 35,000 7,306 3,675 98.80%2,094 248.83% Miscellaneous 55,000 53,826 32,083 67.77%42,716 26.01% Use of Available Cash 1,000,000 0 0 0.00%0 0.00% Other Financing Source 0 0 0 0.00%0 0.00% Antenna Lease 70,040 48,582 48,471 0.23%46,418 4.66% TOTAL MISCELLANEOUS $1,165,040 $113,512 $87,146 30.25%$105,029 8.08% 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 $17,764,330 $17,003,128 4.48%$16,623,417 6.86% MONTHLY FINANCIAL REPORT - APRIL 2015 TOTAL PERCENT FY 2015 THROUGH THROUGH INCREASE INCREASE BUDGET 4/30/2015 4/30/2014 (DECREASE)(DECREASE) % OF CURRENT TAX ROLL COLLECTED 99.5%97.71%97.75%-0.04%-0.04% RESIDENTIAL BLDG PERMITS 118 94 67 27 40.30% COMMERCIAL BLDG PERMITS 6 7 5 2 40.00% CITATIONS ISSUED 11,500 5,933 5,853 80 1.37% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2015 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 4/30/2015 EXPENDITURES EXPENDED REMAINING City Council $188,506 $105,228 $124,962 55.82%$83,278 City Manager 606,286 355,997 356,167 58.72%250,289 City Secretary 209,919 115,287 122,453 54.92%94,632 Finance 407,827 243,933 247,899 59.81%163,894 Legal 130,460 111,046 76,102 85.12%19,414 Engineering 380,608 257,332 257,521 67.61%123,276 Economic Development 302,995 150,625 176,747 49.71%152,370 Building Inspection 281,134 158,114 163,995 56.24%123,020 Community Development 349,709 179,575 188,997 51.35%170,134 Fire 4,568,006 2,726,504 2,784,670 59.69%1,841,502 Police 4,408,293 2,570,003 2,571,504 58.30%1,838,290 Parks 1,300,258 579,458 583,484 44.56%720,800 Recreation 357,823 140,675 149,730 39.31%217,148 Street Maintenance 4,083,178 1,291,420 1,381,854 31.63%2,791,758 Library 724,124 399,129 422,406 55.12%324,995 Communications 168,267 82,658 85,156 49.12%85,609 Colleyville Center 358,155 178,891 183,924 49.95%179,264 Human Resources 274,930 89,324 90,376 32.49%185,606 Municipal Court 399,733 214,739 233,178 53.72%184,994 Fleet Services 232,003 120,340 135,335 51.87%111,663 Facility Services 518,004 264,776 272,169 51.11%253,228 Information Services 1,126,415 751,265 757,075 66.70%375,150 Non Departmental 925,160 480,996 489,677 51.99%444,164 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 $11,567,314 $11,855,379 50.23%$11,460,904 MONTHLY FINANCIAL REPORT - APRIL 2015 UTILITY FUND RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT FY 2015 AS OF AS OF PROJECTED AS OF CHANGE OVER REVENUE SOURCE BUDGET 4/30/2015 4/30/2015 INCR (DECR)4/30/2014 PRIOR YEAR Water Sales $11,014,359 $4,603,281 $4,815,377 -4.40%$4,183,574 10.03% Sewer Sales 3,745,247 1,958,333 2,184,727 -10.36%2,073,483 -5.55% Sewer Installation 7,000 9,700 4,083 137.55%6,600 46.97% Water Installation 21,000 23,291 12,250 90.13%20,460 13.83% Sewer Tie-on Charges 5,000 0 0 0.00%3,000 -100.00% Engineering Charges 5,000 97,487 2,917 3242.39%87,120 11.90% Penalties 218,543 101,760 127,483 -20.18%112,298 -9.38% Miscellaneous 13,000 11,436 7,583 50.80%9,403 21.62% TOTAL OPERATING INCOME $15,029,149 $6,805,287 $7,154,422 -4.88%$6,495,938 4.76% Interest Income $20,300 $7,484 $7,697 -2.77%$6,635 12.80% TOTAL NON-OPERATING INCOME $20,300 $7,484 $7,697 -2.77%$6,635 12.80% TOTAL INCOME $15,049,449 $6,812,771 $7,162,119 -4.88%$6,502,573 4.77% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 4/30/2015 4/30/2014 (DECREASE)(DECREASE) GALLONS OF WATER SOLD 955,353,500 930,169,000 25,184,500 2.71% NUMBER OF WATER CUSTOMERS 9,587 9,442 145 1.54% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2015 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 4/30/2015 EXPENSES EXPENDED REMAINING Billing $381,081 $190,688 $222,297 50.04%$190,393 Operations 10,546,206 4,500,859 4,651,954 42.68%6,045,347 Utility Support 1,101,132 606,304 642,327 55.06%494,828 Non-Departmental 305,133 119,228 177,994 39.07%185,905 Debt Service 490,100 475,800 475,800 97.08%14,300 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 $5,892,879 $6,170,372 42.08%$8,112,761 RESOLUTION R-15-3875 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF MAY 12, 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 12TH DAY OF MAY 2015. ATTEST:CITY OF COLLEYVILLE Amy Shelley, TRMC David Kelly City Secretary Mayor