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Home My WebLink AboutCity Council-Agenda Packets-5/16/2006 ~~:i!):.~,~~, (~e. ..c:-.':::ijru(B \iV, . &- i " ii(::':':~:^" City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Mayor David Kelly and Mayor Pro Tem Jon Ayers Councilmembers George Boll, Tony Licata, Rich Hendler and Tom Hart Tuesday, May 16, 2006 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of Warrant Officer Program PC-2 Presentation of the Monthly Financial Report - April 2006 PC-3 Discussion of implementing a paperless City Council agenda packet PC-4 Discussion of the May 16, 2006 City Council regular agenda items REGULAR MEETING 6:45 P.M. CALL TO ORDER - ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Brian K. Meroney vs. City of Colleyville Sec. 551.071 - Legal - George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of Colleyville, Texas Sec. 551.072 - Property - Deliberate the purchase, lease, exchange or value of real property Sec. 551-087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 5/12/2006 City Council Agenda May 16, 2006 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Lloyd McCutchen, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-06-2697 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of Police Memorial Week and Reserve Officer Dennis Harrell, killed in the line of duty - Tommy Ingram, Police Chief PROCLAMATION - In recognition of National Public Works Week - Steve Chutchian, Public Works Director PROCLAMATION - In recognition of One Book One Community - Mary Rodne, Library Director PROCLAMATION - In recognition of Covenant Christian Academy Lady Cougars Basketball T APPS 2A State Championship - Head Coach Ray DeBord 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2698 4a Approval of minutes of the regular City Council meeting of May 2, 2006 4b Approval of a Preliminary Plat for Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres out of the P. Peterson Survey and Lot F, Block 2 of the Colleyville Estates Addition located at 5400 to 5408 Pleasant Run Road, Case P-06-020 4c Approval of a construction contract with Mega Contractors, Inc., for the modifications at the Senior Center, in the amount of $289,243.94, and authorize the City Manager to execute the contract 4d Approval of a Preliminary Plat on 4.01 acres for the Heritage Glade Office Park Addition located in the 5100 block of Heritage Avenue, Case P.06-024 City of Colleyville Page 2 Printed on 5/12/2006 City Council Agenda May 16, 2006 4e Approval of setting the dates of July 18, 2006 and August 2, 2006 for public hearings to consider approval of Land Use Assumptions, Roadway, Water and Wastewater Capital Improvement Plans and Impact Fees in accordance with Chapter 395 of the Texas Local Government Code, Case G-06-014 - by Consent 4f Approval of a construction contract with Midwest Wrecking Co., for the Old City Hall Demolition, in the amount of $13,320, authorizing the City Manager to execute the contract 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-06-1571 Approval of finding that the existing natural gas distribution rates of Atmos Mid-Tex should be reduced; ordering Atmos Energy Corp., Mid-Tex Division, to reduce its existing rates within the city; adopting specific new rates R,T&C and ordering all rates, service charges and tariff language not inconsistent with Attachment "1" to remain operative except that all Gas Rate Infrastructure Program (GRIP) surcharges shall immediately cease; and ordaining other provisions related to the subject matter hereof 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-06-1572 6b 0-06-1573 Approval of a Special Use Permit for outdoor storage on Lot 1 R3, Block 1 of the West Industrial Addition located at 6617 Colleyville Boulevard, Case Z-06-007 Approval of a Zoning Change from RE-Residential Estate to PUDR-Planned Unit Development Residential on 4.15 acres on Lots 1A and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case Z-06-008 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Parks and Recreation Advisory Board Minutes - April 3, 2006 Library Board Minutes - April 1 0, 2006 Planning and Zoning Commission Minutes - April 24, 2006 City of Colleyville Page 3 Printed on 5/12/2006 City Council Agenda May 16, 2006 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 16, 2006 Reading and Public Hearing - Resolution R-06-2698 10. ADJOURNMENT: 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 Printed on 5/12/2006 ~'( ~ "r(,:"\:",,, City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Controlling Body: City Council Final Action: Version: 1 Agenda Date: 05/16/06 Requester: Police Department Agenda No.: PC-1 File Name: Discussion of Warrant Officer Program Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/16/06 City Council Title Discussion of Warrant Officer Program Explanation A significant number of outstanding Municipal Court traffic warrants represent uncollected revenue in the 2004 and 2005 budget years of approximately $ 555,800.00. A citizen volunteer currently makes phone calls to offenders with outstanding warrants. This volunteer effort has resulted in very limited collections. The Police and Finance Departments propose to establish a Warrant Officer Program to specifically target outstanding warrant offenders. The primary function of this position would include collections or arrests on outstanding traffic warrants, inter-jurisdictional transfer of traffic warrant offenders, and assisting with bailiff duties as necessary. Anticipated effects of the program include an enhanced ability to ensure violator accountability. The program as proposed, will be a one year monitored pilot to begin in October 2006 with the expectation of being approved for future years of funding should the program be deemed successful. An additional benefit of the program is the availability of the Warrant Officer who would be a regular licenced peace officer who could assist in times of high call load, supplement the schedule as needed for vacations and holidays, or in times of emergency. Although not the primary goal of the program, failure to pay outstanding fines will lead to an arrest. Voluntary compliance will be emphasized. Financial Impact The estimated cost for the first year is $64,190.00 which includes the cost of an additional licenced peace officer and the equipment needed to perform his/her duties. The projected collections of outstanding warrants, along with an approximate 15% contribution from the Court Security Fund will finance this program without negative impact on the current or future budgets and is expected to generate revenue over costs of the program making the program in effect, cost neutral. City of Colleyvil/e Page 1 Printed on 5/9/2006 Agenda Briefing Continued Recommendation Approval City of Colleyvi/le Page 2 Printed on 5/9/2006 City of Colleyville Agenda Briefing 100 Main Street Colleyville. Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Controlling Body: City Council Final Action: Version: 1 Agenda Date: 05/16/06 Requester: Finance Department Agenda No.: PC-2 File Name: Presentation of the Monthly Financial Report - April 2006 Attachments: April 2006 Monthly Financial Report History of Legislative File Version: Date: Acting Body: Action Text: 1 05/16/06 City Council Title Presentation of the Monthly Financial Report - April 2006 Explanation General Fund The percentage of current year taxes collected is ahead of April 2005 collections by .29%, and collections are nearing 97% of the roll with five months remaining in the fiscal year. Sales tax revenue received in April was up $14,604/12.42% over the amount received in April 2005. Sixteen residential building permits were issued in April, as compared to eighteen issued in April 2005. Municipal Court revenues are now up due to a greater number of citations issued in the past three months. The average amount expended by the departments at the end of April is 55.1% Utility Fund Water usage increased over the amount in April 2005 due to continued dry conditions. During the month of April, 1,239 credits in the amount of $15 each were issued to water customers, who took advantage of the New Year's water rebate program. The average amount expended by the Utility Fund at the end of April is 54.0%. City of Colleyville Page 1 Printed on 5/9/2006 MONTHLY FINANCIAL REPORT - APRIL 2006 . . . . . . . . . . . . . . . . . . . .................. . ........ -.......... . . . . . . . . . . . . . . . . . - . ."............... .. .................. . ................. .. ................ ... .................. . . . . . . . . . . . . . . . . . . . . ............ ....... .................. . . . . . . . . . . . . . . . . . - . ............ ... . . . . . . . . . . . . . .. . . . . . . .. <:::}H:::::::::::n:::::U1~~q$iY~P::::::::::::Aji@~~gIgp: . . . ......:.......... :::fflY:~~$,::~:::::::~:::::::::::~$,~8ffi:::::::::m::~:::.:::::~$,:8F.::::H ... Rt.\t~NWt.U$()VRC~):.:::..::<):::::f,3qOp~T::::::::.: :413d!~q~ : :':\A($d!?p~..' .:. . -"""', - - -........ ............ .............. . . . . . . . . . . . . . . . . . . . . . . . . $SNERAtfUNb:::::::::::::: Current Taxes Delinquent Taxes Penalty & Interest $7,440,760 65,000 45,000 $7,256,656 49,172 26,191 $7,143,130 47,428 25,000 ...... -. - - - - -'.. - - -. - - -'. - -. -..' - - . - -. - - - -... ............... ........... -'. ................................... .. ........-.. ....... ...... .................. :tQtA~@VAWQRfjMtMg$::::: . .. ::::)::$7:;?~Q;11?Q.... J1;~}~;q1$:::j ::::~~1l?1~;$,~: .......... . . . . . . . . . . . . . . :::R.~9~~Eb. .........S....OF.......... ..- .. ... ...- ... ::1:~j~~fi6~ii:~ .......... ..... ............. . $7,107,427 56,137 29,258 . -.......,.. .....-... .-. ............ . . . . . . . . . . . . . ............ . .....-.-... . ............ . .......... .. . . . . . . . . . . - . . ....-..... .. ............ . ._-....... .. ...-........ . . . . . . . . . . . . . .-..-. ....... ":~~~~~~{/ 2.10% -12.41% -10.48% .' - - -. - - - -. ...-............. ... -............. iTU$t~~$?~j~?~)~ i: !nnn?(Uj~~~~~~~$~r~~ TXU Electric $814,003 $867,594 $814,003 $775,974 11.81% Tri-County Electric 76,000 85,962 76,000 69,654 23.41% Atmos Gas 200,000 334,347 200,000 235,814 41.78% SBC Communications 107,165 55,048 53,583 53,818 2.29% Verizon/Others 60,600 18,743 30,300 34,998 -46.44% Refuse/Recycling 99,000 53,483 51,563 53,973 -0.91 % Cable TV 135,000 119,543 101,250 65,631 82.14% ..... -........................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . rQtA~rRANq8~$.~:tA*$.$:: ......... . .......... . ..-..... .- . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :H$j;4~~\0$s.:: ::H:::::~~~~~;r~o.:: jjj~:1:~$.2.~;M~::H: . . .. -............ ................... ................. ...... .......... ~)~~1~?~~j~~?~~ )~ ~~~?j~~~Uj~!i!~!.$~r{ ......... . .......... . . . . . . . . . . . ........ . Sales Tax Mixed Beverage Tax $1,927,661 63,000 $827,669 55,420 $999,654 47,250 ........ ................... .r. O. ..1';. ................8. .....r. AX'.' . .............. : : . . :ALSAl.S:::.'. ::::::=:> ......................-... . -... -..........-.......... . . .. . .. . .. .: : . /H:~~;$.$,q\M( ::::::::HH~~;R~~: ::::::U::~1:~q#~~~tr{: . . $952,052 36,426 -13.06% 52.14% ........ -.. ................... . .:$,~$.~:,1~~: .~:H:::H1t>~~$.% Building Plumbing Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits $850,000 $697,406 $495,833 $515,933 35.17% 145,919 105,073 85,119 94,320 11.40% 91,000 61,063 53,083 54,053 12.97% 55,000 36,112 32,083 37,190 -2.90% 150,000 115,410 87,500 86,662 33.17% 3,000 1,551 1,750 2,303 -32.65% 2,000 1,344 1,167 1,652 -18.64% 7,500 4,605 4,375 3,790 21.50% 7,000 3,775 4,083 4,900 -22.96% 9,000 7,850 5,250 6,450 21.71% .....................-.. -........... :rOiAt~'9gN$$S&PERM.itS? . . . ::::n:::U~t$zQl~~:Q:: ::::::::Hh\p~j:@:: :):::HH$1ib;~M:: Fines False Alarms/Permits Library Fines $650,000 35,000 14,500 ........... -............ ........................ . .r. .0. .r........F. .IW. . E. .8..................... . . .......... :..:......At.:............:::.:::::::::::.: . , "... .............. .. ~:~....::.: :~$,~\~g9: .. ......... .................. .....-...-........... .. .......-..-.......-............ . . . . . .:$~~;~~t: ::n::):::n$~1Jj~H :::nH:j:~?$.~;2.1~ YHUTZ5;70% . . . . . . . - . . . . . . . . . . . . . .................... . . . . . . . . . . . . . . . . . . . . . . .................... . .................... . $299,107 22,875 11 ,485 $379,167 29,500 8,458 .............. ... .............. ::H:m~gt~2.ffli3 ..::::::iitH%: $256,081 o 9,197 16.80% 100.00% 24.88% MONTHLY FINANCIAL REPORT - APRIL 2006 ........."........... . ..................... . REVaiUE'SOURCEH ............................ .;.;.;.;.;.;.;.;.;.;.;.;.:-:.;.;.;.;.;. =:::=:::::: .......;.;..:..:.. :,:::.:...... . ...:/HH~~B~IY~B::!;::::;;rnR8HpMt,fP/=: . . . . .... . . . . :: :::,:::,:::.=:rY:,f.R()~f/:):::::::A~~A:;:::<: ::Y;'H!A$.:9F::::!:> ....... ::. .::;::n:U~ytjj~$t::;:::::::::':::1~P!~9P6./;):~t$.~i?M~HH: ............. . ........... ... . . =:::~~~E:mli HjHM~ap:(!~; . . . -... -....,. ............. . . . . . . . . . . . . . . . ....... "...... ............. . ........".... . ....... ....... ............. . ........ .,.... ............ .. ......... . Re-zoning $11,059 $6,980 $6,451 Plat Fee/Site Plan 15,000 12,018 8,750 Board of Adjustment 1,500 1,375 875 Sale of Material 2,000 2,015 1,167 Weed Mowing 3,740 250 2,182 Animal Impoundment 2,889 2,690 1,685 Ambulance 190,000 121,956 110,833 Recreation Program 134,695 87,823 88,000 Non-Resident Fee Parks 18,530 7,640 9,265 Field Use Charge 21,760 9,355 10,880 Engineering & Inspection 100,000 51,433 58,333 Chgs & Reimbursements 6,000 1,410 3,500 Colleyville Center Rental 183,000 139,381 106,750 Library Building Rental 300 60 175 Lot Drainage Insp Fee 28,625 21,125 16,698 $7,703 12,925 1,000 2,014 600 2,946 68,864 50,157 8,300 15,140 61,994 4,167 109,963 250 18,375 .TqTAI-:~:H#R~~~:fPffl.~~~Ylp#1;::::;::::::;:::::'::;.::;:;::'::$,r1@l~~#.. :::.;::':;:;;':.~#:~#l~11,:. DARE Officer Reimb $77,565 .. ................................... ;tQtAil:f,NTgRGO~NM$Nt~h:;:;:: . ...... .... . . . . :$.1.7. .:5: :5': .... . . <::;::::,:;;..~.::: . . . . . . . . . ........ . . . Sale of Surplus Property Interest Income Miscellaneous Use of Available Cash Celebrate Colleyville Revenue Antenna Lease $10,000 276,250 53,000 200,000 o 56,500 ...-.'...... ... ..-.-.-..... ,. . ..... :TQT@:)\/!IRPp.MNsqy~};;// .. . ........ . . . .. :!;:~~~g7~:; Transfer from Utility Fund $491,025 .. ...... . TQtAtTR~t;i~RI$R$.::::...:... . . . . . . . . . . . . . . . . . . . . . . . . . . ........... . ........ . '::.$'49'ilZ5 ::/::::~~2,~;~M::,:,: ::: :.:j#~~#~#:: .... $0 $0 $0 $0 ........... .. ...... ....... ........, . ....... .. . . . . . . . . . . . . . . . . . . . . . . . . . - . . !~~~~~@ii; -9.39% -7.02% 37.50% 0.05% -58.33% -8.69% 77.10% 75.10% -7.95% -38.21% -17.04% -66.16% 26.75% -76.00% 14.97% .... ........ . . . . . . . . . . . . . . . . . ;.::;\?1l7$% 0.00% . . . . . . . . . . . .......... . .......0. ....0. .0/.... .... . :::.J:L<\i $22,903 $10,000 $0 100.00% 98,173 110,000 54,236 81.01% 35,083 36,000 46,536 -24.61% 0 0 0 0.00% 3,950 0 8,950 -55.87% 41 ,402 36,000 62,287 -33.53% .. ........ 11]5% ......... . 0.00% ...,.. ... ....... .. . . , . . . . . . . . ,........ . . . . . . . . . ......... . ....... .. . . . . . . . . . . ........ . ......... . ~tQP%(( . . . . . . . . . . .. .'.-. -. -. '. -. -. -.'. -..... -.'.-. -.-. .. .. /$~QOhf ::>::~j~*lpqq:: ... .....'.'...'...-.-. . . . :::::$~7~;o.o'~: .tqtA(.9$.N~MU'fPN[);:R$V$Nq$~;.; .................. .'.'.'.'.'.'.'.'. .'.-.-.-.-.'.-. .........'.'.'...'..... .'.-.-.-.'. .. .... ....... .-.-.-...-.....-...'.-... .-. ............. ..::::~m~\~~;~~;::. :::::.$.1~lt~1;$,9?: ::.:.;..~11l3,~1;q?{ ..:::.;.::::~11;o.~!M~@....:;. .......:::~;~~%. $0 $0 MONTHLY FINANCIAL REPORT - APRIL 2006 TOTAL PERCENT FY 2006 THROUGH THROUGH INCREASE INCREASE BUDGET 4/30/2006 4/30/2005 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 99.0% 96.88% 96.59% 0.29% 0.30% RESIDENTIAL BLDG PERMITS 229 162 145 17 11.72% COMMERCIAL BLDG PERMITS 10 11 6 5 83.33% PLUMBING PERMITS 900 919 846 73 8.63% ELECTRICAL PERMITS 400 383 349 34 9.74% CITATIONS ISSUED 8,400 5,269 3,621 1,648 45.51% CITATIONS APPEALED 390 151 173 (22) -12.72% GENERALfi)NDEXPEN$ES/: . . . : : . . . .. .. . . . . . : . .. '. . ...::.:.:==:::>:<<: . .. .::.'. ..:.:.:.... . : .: . . .. .. .,.".,::".:i:i::i:~.......................i........'".'..:....,..,..::.....:....:!:!!!!I!.!!:.i....:...!!li!':i:i!:!lltttlll!~:i!!:.'~I:I.~. City Manager Building Inspection Economic Development City Council and Secretary Finance Legal Library Engineering Community Development Fire Police Parks Streets & Drainage Recreation Communications Colleyville Center Municipal Court Fleet Maintenance Building Services Information Services Capital Equipment Reserve Performance Pay . . ....... . ... . . . . . . . . . ~fQrN;j ~*pg~$~$~ ~j ~)j ~1 ~: ~ ~~ ~~~ ~ ~ ~ ~~~: ~~~~:.::: :-." .:........."....." $631,924 311,744 166,280 508,295 482,769 103,323 505,819 475,021 261,357 3,352,077 3,202,334 1,175,444 1,606,457 289,046 144,709 343,276 243,630 187,188 247,898 169,848 155,840 371,863 ...-.-.......-.. ....... :$:14lM{M~2: $429,636 172,459 93,114 159,792 256,760 42,473 289,035 276,990 153,405 1,926,691 1,949,896 562,610 1,063,202 151,749 84,229 178,699 139,143 106,810 103,890 91,254 o o .. ... . .H::$:~H?~t~?::t: $429,930 68.0% 173,479 55.3% 95,988 56.0% 161,805 31.4% 257,402 53.2% 43,422 41.1% 289,167 57.1% 279,114 58.3% 155,093 58.7% 1,927,564 57.5% 1,968,748 60.9% 583,638 47.9% 1,067,208 66.2% 151,723 52.5% 88,944 58.2% 181,022 52.1% 139,564 57.1 % 108,395 57.1% 104,684 41.9% 94,331 53.7% o 0.0% o 0.0% ::::::::::~l~~h??:1::: ::=:=:::::::::::::::::::::::~l1:% .:::: $202,288 139,285 73,166 348,503 226,009 60,850 216,784 198,031 107,952 1,425,386 1,252,438 612,834 543,255 137,297 60,480 164,577 104,487 80,378 144,008 78,594 155,840 371,863 .....""........ . /:$(3;~~~~~$6 MONTHLY FINANCIAL REPORT - APRIL 2006 jJTIUTY F9NO .: .'. . . . . . . . . . . . . . . . . . . . . ... .... ... ...................... ..... ......... .. -..... . ........ .. '::":' . . . . . . . . .. :. .... .. ':D~Y:~@6,:';::::m::lii0~&.~~~lillll:1U~j~~fgw~l-il::.;.:i::I~[~~F; : ~YE.NP~$oll!~q~;:::::::::;:' :..:..:::.:.:..::.;'; ::.::..:.:~PQ.G.$T:.:<<::::;~(3.W2.~j(~n:::::::::U#(3.(}I:2.q@::::::::::: U::~i;*@i)(i5: .... . . . Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie-on Charges Engineering Charges Penalties Miscellaneous $6,967,199 2,111,144 16,000 44,800 10,000 35,000 181,567 9,300 $4,102,891 1,098,182 28,000 40,490 7,165 33,889 94,823 7,436 $3,013,658 1,231,501 9,333 26,133 5,833 20,417 105,914 5,425 $2,534,831 1,169,418 19,300 36,120 7,344 28,705 77,261 7,804 tqt.A.tl:PA~RAtiN!3,..iNPqM~:::::::::::: . . ::?~;~!~;P1p.::.::::.H:~~;~~@l~t~L ::.:::::::::*1~~1~~?W:::::::::: ::::.:~~~@~;#~~:: Interest Income $285,000 $178,212 $155,000 :tQTAf,lt,{qffi,PP~RA.fiff$.::iNqpM~.::::::U::::.:::::::: ::~~~;pqQ:: ::::::.::::?:~v~;~~~: .::::::).ji:$~lp@.: $65,223 . '/::$8~;?g~:: .... ....... .. ... TOTAl INCOM.E . . . .:::*~;$.~Q;P1:q:: ::::::::::::ijl~~i,~q~:: :::.:::J*1l$.t~i?'i$.::::: ::"'::$~19~~QQ~: . .'. . .'. . .'..... . . . - . - . . . - . . . . . . . . . . . . . . . - . . . ................. . ................. . ................. . ................. . . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . . . . . . .. ....... - . . . . . :.:.:.:.;.:.:-:.;.;-:.;.:.:-:.;.;.;. ................. . ................ .- ................................... ................ . :-:-:-:-:->:-:-:-:-:-:-:.;.;-:.;.; ............... . . . . . . . . . . . . . . . . . .'. ...;;:PItRCEN't':::.: ................. . ................ . ....... ........... ................. . ....:.pBAN$$..:... 61.86% -6.09% 45.08% 12.10% -2.43% 18.06% 22.73% -4.72% . . . . . . . . . . . . . . . . . . . . . . . . .$~.4~% 173.23% ........... . ............ . /t7:3.i~~% ........ . ....... .. . . . . . . . . . .... ..... . . . . . . . . . ........ . . . . . . . . . . . ::4:i~~$% GALLONS OF WATER SOLD NUMBER OF WATER CUSTOMERS THROUGH 4/30/2006 1,289,523,900 8,439 THROUGH 4/30/2005 780,494,266 8,193 TOTAL INCREASE (DECREASE) 509,029,634 246 PERCENT INCREASE (DECREASE) 65.22% 3.00% ........... . . . . . . . . . . . . . . ............ . . . . . . . . . . . . . . .......... . .UT1llITYFQNDEXPENSES:::::: ........ . ........ . . . . . . . . . . ........ . ........ . ........ . ... ... . ............. ....... . .. .. ......... ..... ..... ... .. .... .................. ..... ... ." .... ... .. ........ ...... ..... ................. .......... .... ...... .... :;.. ...:...:.::::::.:: ...:.:.:.::::::::..~:f~~iiii!IIIIII:II!:I~it~~lllllll~~~t%t~~ml:II~~.:;~~~f::. ....:: . ...:........ '.'" :BQb13ET.' '.:::.:;::)il3w.wo~f:: ; ..::~X~EN,$I2S '. ':YE~ COMPlF.TED. ........... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... ..... Administration Billing Operations Debt Service Merit Adjustment Transfer to General Fund $195,692 280,775 6,540,854 1,356,738 67,975 491,025 $117,209 136,775 3,575,615 990,175 o o $117,621 140,911 3,496,086 990,175 o o T()iAl~XR~~$iE.~::.>. .......................... .......... ................ .............. ....................................... . . :.::.~8.;~$?;q$~.::..::::::..:ifii;~~~;1t4::: :HHifiii!Mi!~~ 59.9% 48.7% 54.7% 73.0% 0.0% 0.0% ?~:(:)!}WL .. ............... ................ . . . . . . . . . . . . . . . . . . ................ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... .............. . ................ ............... . .....:,.;....D......;.;............ :.::;:::oU : GeT::;:::;:: ................. . .................. . ...... ............ .................. . ..:..REMAiNiNB:.': . . . . . . . . . . . . . . . . . . . . . . .. ....... . $78,483 144,000 2,965,239 366,563 67,975 491,025 .. -..."..... .. ".."."..... $#~H3.l~~~" . h\x~\~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Status: Pre Council Requester: Office of the City Secretary File Name: Discussion of implementing a paperless City Council agenda packet Agenda Date: 05/16/06 Agenda No.: PC-3 Controlling Body: City Council Final Action: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/16/06 City Council Title Discussion of implementing a paperless City Council agenda packet Explanation This item is being provided at the request of City Council to present information regarding the implementation of a paperless City Council agenda packet. Currently, the City Council agenda packet is a paper document that is delivered to Councilmembers by the Colleyville Police Department staff the Friday evening prior to the City Council meeting. The agenda packet is also available on the City's web site in the Public Document section, which provides public access to the packet. A major initiative of the Office of the City Secretary is the implementation of a paperless agenda packet for the City Council. To facilitate the process, the City is currently evaluating the purchase of the Legistar Agenda Manager software. This software application is currently used to create the City Council packet. The logistics of implementation of a paperless City Council agenda packet will require identification of computer hardware and software that provides access to the packet for the City Council at home, prior to the City Council meeting and during the Pre Council meeting. Staff will present two options for City Council's consideration for implementing a paperless agenda packet. The first option would allow the immediate implementation of a paperless agenda packet at a minimal cost to the City. Councilmembers would access the agenda packet at home via the Public Document section of the web site. During Pre Council, a paper copy of the Pre Council agenda briefings would be distributed. During the Council meeting, the packet would be accessed on the dais computer via the web site. In the event that the web site was unavailable, a pdf file of the packet would be available. In this format, briefings and City of Colleyville Page 1 Printed on 5/11/2006 Agenda Briefing Continued presentations could not be viewed simultaneously. Councilmembers would have to move back and forth between the briefing and the presentation on the computer screen. Also, off-site meetings would require the production of a paper packet. The minimal cost of implementing Option 1 is $1,989 for the purchase of Adobe Acrobat software licenses. The second option, with two separate scenarios, includes the purchase of laptop computers and requires approximately 90 days for the purchase of equipment, testing of the hardware and software and training. Scenario 1 provides for Councilmembers to access the agenda packet at home via the Public Document section of the web site. Laptop computers would be utilized during the Pre Council and Council meetings, not only to access the agenda packet, but also for the ability of Councilmembers to make and save written notes on agenda briefings via the laptop. Scenario 2 of Option 2 expands the use of the laptop computers. The laptop computers would be issued to Councilmembers for use at home and City Hall. The agenda packet would be e-mailed to Councilmembers Friday afternoon and accessed on the laptop computer. Councilmembers would utilize the laptop computers during the Pre Council and City Council meetings. Councilmembers would review the briefings and have the ability to make notes on the agenda briefings via the laptop computer while viewing the Pre Council plasma screen and Council Chambers presentation screen. To assist staff in researching and identifying the best option that meets the Council's needs for access to the paperless City Council agenda packet, the Council may consider implementing a pilot project, in which three Councilmembers utilize a paperless agenda packet. The pilot program would provide the opportunity for City staff to develop recommendations related to implementation of the paperless agenda packet. The program would provide the opportunity for the Councilmembers to determine if they need to print sections of the packet or if the view-only feature is sufficient. Financial Impact The financial benefits of a paperless packet include the staff time involved in the production of the packet and annual savings of $1,269 for the purchase of paper and tabs. The cost to implement Option 1 is $1,989 for the purchase of Adobe Acrobat licenses. The cost to implement Option 2, Scenario 1, is $13,979 for laptop computers, $1,410 for a computer support rack and $1,530 for Adobe Acrobat software licenses. The cost to implement Option 2, Scenario 2, is $13,979 for laptop computers and $1,530 for Adobe Acrobat software licenses. Recommendation Based on City Council's desire to expedite the implementation of a paperless packet, it is staffs recommendation that Council conduct a pilot project of Option 2, Scenario 2. Three Councilmembers would test the full functionality of the laptop computers and determine the value of use at home and during meetings. Paper packets would not be provided to those Councilmembers who are conducting the assessment. City of Colleyville Page 2 Printed on 5/1112006 cee r(..X.l.... City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Status: Pre Council Controlling Body: City Council Requester: Office of the City Secretary File Name: Discussion of the May 16, 2006 City Council regular agenda items Agenda Date: 05/16/06 Agenda No.: PC-4 Final Action: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/16/06 City Council Title Discussion of the May 16, 2006 City Council regular agenda items City of Colleyville Page 1 Printed on 5/9/2006 City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: File Type: Executive Session Status: Executive Session Agenda Date: 05/16/06 Controlling Body: City Council Agenda No.: 1 Final Action: Requester: Office of the City Secretary File Name: Executive Session - May 16, 2006 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/16/06 City Council Title Sec. 551.071 - Legal - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Brian K. Meroney vs. City of Colleyville Sec. 551.071 - Legal - George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of Colleyville, Texas Sec. 551.072 - Property - Deliberate the purchase, lease, exchange or value of real property Sec. 551-087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 5/11/2006 RESOLUTION R-06-2697 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MAY 16, 2006 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 the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND 2006. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor c~ "".~x.:,~ City of Colleyville Agenda Briefing 100 Main Street Colleyville. Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Presentation or Proclamation Status: Presentations or Proclamations Controlling Body: City Council Final Action: Version: 1 Agenda Date: 05/16/06 Agenda No.: 3 Requester: Office of the City Manager File Name: Presentations and Proclamations Attachments: Police Memorial Week and Recognizing Reserve Officer Dennis Harrell Proclamation.pdf . Public Works Proclamation.pdf. One Book One Community Proclamation.pdf. Lady Cougars State Championship Proclamation.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/16/06 City Council Title PROCLAMATION - In recognition of Police Memorial Week and Reserve Officer Dennis Harrell, killed in the line of duty - Tommy Ingram, Police Chief PROCLAMATION - In recognition of National Public Works Week - Steve Chutchian, Public Works Director PROCLAMATION - In recognition of One Book One Community - Mary Rodne, Library Director PROCLAMATION - In recognition of Covenant Christian Academy Lady Cougars Basketball T APPS 2A State Championship - Head Coach Ray DeBord City of Colleyville Page 1 Printed on 5/11/2006 roclamation CITY OF Colleyville, Texas WHEREAS: the Congress of the United States of America has designated the week of May 15 to be dedicated as "National Police Week", and May 15 of each year to be .Police Memorial Day"; and WHEREAS, the members of the Colleyville Police Department serve to safeguard the lives and property of the citizens of Colleyville with valor and dedication; and WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of the Colleyville Police Department, and that members of our Police Department recognize their duty to serve the people by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and WHEREAS, the men and women of the Colleyville Police Department unceasingly provide a vital public service; and WHEREAS, in service to the City of Colleyville Reserve Officer Dennis Harrell died in the line of duty on September 12, 1980; and WHEREAS, May 15 is National Police Officer Memorial Day, the City of COlleyville will honor those Police Officers, and remember our own Reserve Officer Dennis Harrell, who sacrificed their lives in the line of duty by flying all flags at half staff at all City facilities on that day. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council, do hereby proclaim the week of May 15 - 21, 2006, as NATIONAL POLICE MEMORIAL WEEK in the City of Colleyville and call upon our citizens to especially honor and show our sincere appreciation for the police officers of this City, by deed, remark and attitude. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 2'd day of May 2006. 4lc~Ul .e Texas roclamation CITY OF Colleyville, Texas WHEREAS: public libraries have long served their communities as open doors to education, adventure and relaxation; and WHEREAS, public libraries improve the quality of life for citizens by promoting reading that inspires the spirit of exploration and the pursuit of knowledge; and WHEREAS, the Colleyville Public Library is joining with ten Northeast Tarrant County libraries to participate in the first One Book One Community event, "Northeast Tarrant Reads Isaac's Storm"; and WHEREAS, all citizens are invited to share the same experience through reading the same book from June 5 through July 20, 2006, and share the opportunity to discuss the book, culminating with a talk on July 20 at Colleyville Center by Lew Fincher, nationally known hurricane historian, researcher and consultant; and WHEREAS, the Colleyville Public Library will host a viewing of the History Channel's Isaac's Storm on Saturday, July 8 at 1:00 p.m. and a book discussion on Thursday, July 13 at 7:00 p.m.; and WHEREAS, One Book One Community is a movement sweeping the nation under the sponsorship of the American Library Association. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council do hereby encourage our citizens to participate in ONE BOOK ONE COMMUNITY NORTHEAST TARRANT READS ISAAC'S STORM June 5 through July 20, 2006 and enjoy the opportunity to come together through reading, viewing and discussion of this book at the Colleyville Public Library. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 16th day of May 2006. ~4~~/ M r () ce1e TexaS roclamation CITY OF Colleyville, Texas WHEREAS: the Covenant Christian Academy Lady Cougars Basketball Team are the Texas Association of Private and Parochial Schools (T APPS) 2A State Champions; and WHEREAS, the Lady Cougars' season record was 39 wins and 6 losses; and WHEREAS, Covenant Christian Academy believes athletics build character, provides for accomplishment and teaches life lessons of competition with honor, responsibility to self and others and perseverance. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council and citizens of Colleyville, do hereby recognize and congratulate the COVENANT CHRISTIAN ACADEMY LADY COUGARS #2 Julia Stallard #3 Caitlin Williams #4 Amenemope McKinney #5 Allison Stallard #10 Caitlin Tanner #11 Lauren Williams #14 Bonnie Chipman #15 Katelyn Kirkpatrick #21 Sarah Auld #23 Alex Bryant #33 Amanda Mitchell Head Coach Ray DeBord Coach Diana DeBord Coach Cindy Taylor Coach Jill Stallard Team Manager Victoria Shaw Team Manager Jessica Darby Team Manager Audra Fulp and encourage the citizens of Colleyville to show support for this outstanding achievement. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 2nd day of May 2006. L/)~<--u I Mayo 0 ce1e l"'exas RESOLUTION R-06-2698 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF MAY 16, 2006 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of minutes of the regular City Council meeting of May 2, 2006 b. Approval of a Preliminary Plat for Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres out of the P. Peterson Survey and Lot F, Block 2 of the Colleyville Estates Addition located at 5400 to 5408 Pleasant Run Road, Case P-06-020 c. Approval of a construction contract with Mega Contractors, Inc., for the modifications at the Colleyville Senior Citizen Center, in the amount of $289,243.94, and authorize the City Manager to execute the contract d. Approval of a Preliminary Plat on 4.01 acres for the Heritage Glade Office Park Addition located in the 5100 block of Heritage Avenue, Case P-06- 024 e. Approval of setting the dates of July 18, 2006 and August 2, 2006 for public hearings to consider approval of Land Use Assumptions, Roadway, Water and Wastewater Capital Improvement Plans and Impact Fees in accordance with Chapter 395 of the Texas Local Government Code, Case G-06-014 f. Approval of a construction contract with Midwest Wrecking Co., for the Old City Hall Demolition, in the amount of $13,320, authorizing the City Manager to execute the contract AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC City Secretary AYES, Resolution R-06-2698 Page 2 of 2 NAYS AND 2006. ABSTENTIONS CITY OF COLLEYVILLE David Kelly Mayor MINUTES OF THE CITY COUNCIL MEETING MAY 2, 2006 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 2, 2006, at 5:36 p.m. ROLL CALL: Councilpersons George Boll, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Battalion Chief Russell Shelley, Fire Lieutenant Kenny Phillips, Firefighter Eddie Moran, Public Works Director Steve Chutchian, Engineer Chad Bartee, Parks and Recreation Director Monica Walsh, Communications Manager Mona Gandy, Budget and Administrative Services Manager Stephen Seidel, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Councilman Tony Licata arrived at 5:38 p.m. PC-1. Update and presentation of Fire Station construction project Fire Chief Mike Johnston provided an update of the progress of the fire station construction project and introduced Fire Station Building Committee members Firefighter Eddie Moran and Lieutenant Kenny Phillips. Mr. Anthony Jeffry of Wiginton Hooker Jeffry Architects presented information regarding the design of the fire stations and answered questions of the Council. City Manager Bill Lindley provided information regarding construction costs, funding sources, equipment and staffing. Mr. Ed Rittmayer of Gilbane Building Company was present to answer questions of the Council. PC-2. Update of McPherson Park Master Plan Phase I CITY COUNCIL MINUTES MAY 2, 2006 Parks and Recreation Director Monica Walsh provided an update of the phases of development for McPherson Park. Mr. Karl von Bieberstein of Newman, Jackson, Bieberstein, Inc., provided an overview of the design and features of McPherson Park and answered questions of the Council. PC-3. Discussion of activities and expenditures for the 50th Anniversary Festival Communications Manager Mona Gandy provided an outline of activities, associated costs and advertising plans for the City of Colleyville 50th Anniversary Festival to be held June 3, 2006, and answered questions of the Council. PC-4. Discussion of the May 2, 2006, City Council regular agenda items There was no discussion of the May 2, 2006, City Council regular agenda items. There being no further business, Mayor David Kelly declared the Pre Council meeting adjourned at 6:45 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 2, 2006, at 6:50 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Battalion Chief Russell Shelley, Public Works Director Steve Chutchian, Parks and Recreation Director Monica Walsh, Communications Manager Mona Gandy, Budget and Administrative Services Manager Stephen Seidel, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Brian K. Meroney vs. City of Colleyville Sec. 551.071 - 2 CITY COUNCIL MINUTES MAY 2,2006 Sec. 551.071 - Legal - George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of Colleyville, Texas Sec. 551.071 - Legal - Potential Litigation - Marketing Management Incorporated, Professional Services, Inc., (MMI) and Citizen Centric Solutions (CCS) Sec. 551.072 - Property - Deliberate the purchase, lease, exchange or value of real property Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:51 p.m. and reconvened at 7:31 p.m. The invocation was given by Sister Dorothy Eggering of Good Shepherd Catholic Community and Boy Scouts from Troop 28 led the Pledge of Allegiance. EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-06-2692 This resolution was not needed. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE CITY COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly announced that the Keep Colleyville Beautiful Spring Clean Sweep event was held on April 29, 2006, and expressed appreciation to Roger Nelson, John Gray, Charna Gray, Rich Hendler, Jerry Birkes, Moira Brunken, Gina Head and John Blassingame, Keep Colleyville Beautiful committee members, and City Manager Bill Lindley and staff, Parks and Recreation Director Monica Walsh and staff, Public Works Department staff and Officer Bill Hudgins and the Citizen Police Academy graduates for their support and participation. Councilman Hendler announced that the City celebrated the 8th Anniversary as a Tree City USA on April 28, 2006, at the Webb House, and expressed appreciation to the Garden Club for their contribution to the City's Tree City USA program. 3 CITY COUNCIL MINUTES MAY 2, 2006 Mayor Kelly announced that the Colleyville Police Department will host the Kid's Safety Fair on May 6,2006, at Albertson's, 4801 Colleyville Boulevard. Councilman Hendler announced that the Colleyville Garden Promenade Tour held on May 1, 2006 was a success and commended Carol Wollin and Becky Meadows, Garden Club members for planning the fundraising event. Mayor Kelly read the March 12, 1968 City Council meeting minutes in celebration of the City's 50th Anniversary. Mayor Kelly recognized the Covenant Christian Academy Lady Cougars and Head Coach Ray DeBord for winning the Basketball T APPS 2A State Championship although the team was unable to attend the Council meeting. Mayor Kelly presented a Proclamation to school Nurses Julie Lindley, Grapevine High School, Pam Freitus, Colleyville Heritage High School, Cathy McConnel, Colleyville Middle School, Rebecca Himmelberg, Bransford Elementary School, Kathy Meyer, Glen Hope Elementary School, Kathy Thompson, Heritage Middle School and Karen Jackson, Bear Creek Elementary School, in recognition of School Nurse Day. Mrs. Lindley expressed appreciation to the City for the recognition and to Fire Chief Mike Johnston for providing support during emergency situations. City Mana~er Bill Lindley presented roses to his wife, Julie Lindley, in celebration of their 19 wedding anniversary. Fire Chief Mike Johnston introduced Mr. Bob Ward, a citizen whose life was saved by firefighters, and with Lieutenant Russell Shelley, presented Life Saving Awards to Firefighters Robert Simpson, David Majors, Nick Cushing, Robert Stewart, Lieutenant Torin Johnson of Bedford, James Gardner of Bedford and Colleyville Police Officer Todd Hildebrandt. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-06-2693 - Consent Items: a. Approval of minutes of the regular City Council meeting of April 18, 2006 b. Approval of a construction contract with Advanced Paving Co., for the Roberts Road resurfacing improvements, in the amount of $53,427, and authorize the City Manager to execute the contract 4 CITY COUNCIL MINUTES MAY 2,2006 c. Approval of a construction contract with Mart, Inc., for the McPherson Park Demolition, in the amount of $59,125, and authorize the City Manager to execute the contract Mayor Kelly read Resolution R-06-2693 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Boll moved to approve Resolution R-06-2693 Mayor Pro Tern Ayers seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 5. ORDINANCE: 5a. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1571 - Approval of finding that the existing natural gas distribution rates of Atmos Mid-Tex should be reduced; ordering Atmos Energy Corp., Mid-Tex Division, to reduce its existing rates within the city; adopting specific new rates R,T&C and ordering all rates, service charges and tariff language not inconsistent with Attachment "1" to remain operative except that all Gas Rate Infrastructure Program (GRIP) surcharges shall immediately cease; and ordaining other provisions related to the subject matter hereof Mayor Kelly read the caption of Ordinance 0-06-1571. Mayor Kelly opened the public hearing. Ms. Mary Jean Maloney, 800 East Border Street, Arlington, Texas, Atmos Energy Corp., Mid-Tex Division representative, spoke regarding natural gas distribution rates and in opposition to the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 5 CITY COUNCIL MINUTES MAY 2, 2006 6. RESOLUTIONS: 6a. READING AND PUBLIC HEARING - Resolution R-06-2694 - Authorizing the City Manager to execute a Gas Standing Steering Committee Participation Agreement Mayor Kelly read Resolution R-06-2694 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Hart moved to approve Resolution R-06-2694. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 6b. READING AND PUBLIC HEARING - Resolution R-06-2695 - Approval of suspending the May 30, 2006, effective date of the proposal by Atmos Energy Corp., Mid-Tex Division to implement interim Gas Reliability Infrastructure Program (GRIP) rate adjustments for gas utility investment in 2005; authorizing participation with the Gas Standing Steering Committee in a review and inquiry into the sufficiency of the filing and the basis and reasonableness of the proposed rate adjustments; authorizing intervention in administrative and court proceedings involving the proposed GRIP rate adjustments; requiring reimbursement of reasonable legal and consultant expenses; and requiring delivery of this resolution to the company and legal counsel Mayor Kelly read Resolution R-06-2695 in its entirety. Mayor Kelly opened the public hearing. Ms. Mary Jean Moloney, 800 East Border Street, Arlington, Texas, Atmos Energy Corp., Mid-Tex Division representative, spoke in opposition to the proposed resolution. There were no others pres~nt wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-06-2695. 6 CITY COUNCIL MINUTES MAY 2, 2006 Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. CITIZEN COMMENTS: 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. REPORTS: 8. PLANNING AND ZONING COMMISSION MINUTES - April 1 0, 2006 There was no action taken on this item. ACTION/RESOLUTION: 9. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 2, 2006 - Reading and Public Hearing - Resolution R-06-2696 This resolution was not needed. ADJOURNMENT 10. ADJOURNMENT There being no further business before the City Council, Councilman Boll moved to adjourn. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 8:02 p.m. APPROVED BY A VOTE OF ABSTENTIONS THIS THE AYES, DAY OF NAYS AND 2006. 7 CITY COUNCIL MINUTES MAY 2, 2006 Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 8 ~.::~t.~~:': . ~. _....~~.-:.;, ,,~..u.:.::; "::~ (I '\t.""'.'~.tl.~~~.:..~.%~~ \.:~..}~. -: . . _.~~. :~ ....~...%'. ., " ..... -::<:':<;<t"; City of Colleyville Agenda Briefi ng 100 Main Street Colleyville, Texas 76034 (817) 503-1000 'MNIN.colleyville.com File Number: Version: 1 File Type: Resolution Status: Consent Agenda Requester: Community Development Department File Name: Approval of a Preliminary Plat for Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres out of the P.. Peterson Survey and Lot F, Block 2 of the Colleyville Estates Addition located at 5400 to 5408 Pleasant Run Road, Case P-06-020 Agenda Date: 05/16/06 Agenda No.: 4b Controlling Body: City Council Final Action: Attachments: Zoning and Location Map. Plat. Copy of Ordinance 0-74-189 History of Legislative File Version: Date: Acting Body: Action Text: 1 04/24/06 Planning and Zoning Commission 1 05/16/06 City Council Title Approval of a Preliminary Plat for Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres out of the P. Peterson Survey and Lot F, Block 2 of the Colleyville Estates Addition located at 5400 to 5408 Pleasant Run Road, Case P-06-020 Explanation Reading and Public Hearing Richard Warner is the potential developer of a 4.3-acre parcel of property located on the west side of Pleasant Run Road, north of Central Drive. The developer has submitted a preliminary plat to divide the property into 16 lots for the construction of 15 new single family residences and one open space lot. Zoning. The proposed lots are located in a R10-Single Family Residential zoning district. The regulations for the R 10 zoning district were deleted from the zoning ordinance on December 3, 1974, with the approval of Ordinance 0-74-189. A copy of the ordinance is attached to this agenda briefing. Ordinance 0-74-189 states that all previously granted applications for R 10 zoning shall continue in full force and effect. There are only two areas in Colleyville with the R10 zoning designation and these are already largely developed. Except for a few lots that exceed the R 10 minimum standards and could be subdivided in the future, the subject property is the only remaining largely undeveloped area within the R10 zoning district. The R10 zoning district requires a minimum lot width of 75 feet and lot depth of 100 feet, and a minimum lot area of 10,000 square feet. The proposed lots meet the dimensional standards for the R 10 zoning district. city of Colleyville Page 1 Printed on 5/1112006 Agenda Briefing Continued There is an existing structure on Lot 8 that will remain on the lot. The applicant is proposing a 25-foot front yard setback in lieu of the required 30-foot setback. The Land Development Code permits the approval of a plat which contains a lot that does not meet the minimum requirements when special conditions exist. Staff regards the preservation of an existing house on a lot as a special condition that justifies the proposed setback. Sidewalks and Trails. The Land Development Code requires sidewalks on public streets. The sidewalk along Pleasant Run Road is required to be five feet wide. The sidewalk must be constructed at the time building improvements are made to this property. Internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least four feet wide, and the developer is required to construct the sidewalks as part of the public improvements for this property. Drainage. This project provides an open space lot adjacent to Pleasant Run Road that will contain a detention pond. A drainage analysis for the development has been reviewed by the Engineering Department. Perimeter Street Improvement Requirements. Perimeter street improvements are required for new structures on newly platted lots since Pleasant Run Road is considered an unimproved street and the plat contains more than one residential lot. The developer's portion of the costs for infrastructure improvements is regulated by state law which states that the costs may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. The development has approximately 297 feet of frontage along Pleasant Run Road. The estimated costs for perimeter street improvements will be made by the Engineering Department at the time of final plat and the developer will be including these costs as a part of the construction plans for the development. The perimeter street improvement costs will be adjusted to account for the roadway impact fees collected from the lots in the development. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for new structures on newly platted lots. The fee for residential uses is $1,802 per residential lot. The fee must be paid before the plat is recorded with the County Clerk's Office. Tree Survey. A detailed tree survey of the property is required after final plat approval, upon application for a clearing and grading permit. A copy of the approved subdivision lot layout should be overlaid onto the tree survey in order to show the size and type of existing trees within the building setback areas. Trees within the right of way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. There must be a table provided on the exhibit that lists the size, per caliper inches, and type of trees within the building setback areas within each lot. City of Colleyville Page 2 Printed on 5/11/2006 Agen($a Briefing Continued Fire Department Comments. The development contains more than twelve lots and will not be providing a second entrance to the development. According to the Land Development Code, each of the homes built in the development will be required to install an automatic fire sprinkler system. Summary. The applicant has addressed all of the Development Review Committee comments. The proposed development appears to satisfy the platting standards contained in the Land Development Code. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered the preliminary plat at the April 24, 2006 meeting and recommended approval of the plat by a unanimous vote. Financial Impact There is no financial impact to the City of Colleyville associated with this request. Recommendation Approval city of Colleyville Page 3 Printed on 5/11/2006 Zoning and Location Map D NORTH Plat , .~~ I ,~ ~ I : - s I ., ,:' · ._ I ~ I ~ ~ ,. L _ _ n . ~ . . 1",1 .. -,! r _00__--- I: ' o~! ,"lIl1l' . ,~ _ _ .=..-=.u-:-_-= __.J CI ,1i.1: . T- :w;_oo_..Lf !i~l! ilw bI r "1 bI 11..f )1; N ~ I .; tJ ~~ I": I !2: ~j; !~_:::-=~~~___I! i J a~" " _ _ ....._.." _ _.. ' :10 .. , t. -...."! I i -. ...~.._... r !;..., I' I ' r: i.!' ",= I I ' .. , ...' 1t....1 ~ 1 L "" .' ~!. , I i ~ $-~ i .: 'F.-::'~1fi.;;;:t: ..:1""'" ...,~.+- . : L "'I) . ~ r -; I · ... _,.._u_..'" :II' ""'..... 1"1 I ' I I I. bI ' I II v,. C! J ~ ,~ ,. :' ~ ii' h ~ 14)'" ~ 'i . I L . ... 0 . ..~ I 0- ~ ' · ,1-.~.;;.~.,f;;:=-~1= J ,:. I III ~a' : i .. I - - "..':t I r~1 oo,p.--..- .; . ., .~ i =~ t 1"1 .... u_..,.-;; ~~, on l! I': I I ~ ' i ~ OJ : 0 S I ~ ! r I ~!! : : ri:::~-~-=:~~-:f j I L J g :11 . , ~ .- ' .... ' ;. ~...... ~ ! . I ._,.._u_..~ ~., on /. . I ~ bI '. t'" COon /.....J' ,. 0': ~ .,," \:: ~ " I"~: 1.I,a l1 ,! .~ \ i ~li. t~~(:::. ;1>0& ,~ooJ J-'::oo_-U .,' 'I;'"" ". J '!' ~~ ~ \ /,... ......<: /' ~ : i ~.. ... e ,'i... · / o. ,: J' 0 a tv.-",- ">" - ~ '! R":'!!"- _ _ l ~ \ ::l '" .,---"::=-- - ,. ,," I', Qi~ \, .: . '. 'I , .,': - - . 'I .._-;._ _ _ .at~LU \ -d'''-' - -.- - ' : . rA"iMll"",:--t _fl.1(.!.:1....... " J; ... i........., I . . j I II Copy of Ordinance 0-74-189 rt){f,.' ! ~t1 >J CITY OF COLLEYVILL!, TBXAS OltDtNANCB NO. 0-74-189 VOL1J:.m ~-;JJJ _'FNJ'E~ AN OIU>lNANCB SUPPLBHEIf1'lNG ()B.DXIfAHCE 0.70-15 DELBT1.NG SICTlON 11..9 PlOH ORDIM\NCE O..70..1~. BB IT ORDt.IWD BY 'rim CITY OOlfNCIL Og THB CIn OF OOLLEYVILLE. tUAT t Secdon 1: S~ttOtl 11.9 shall be <leleee<! and no further applicAtions .h.11 bo accepted not: grante<l by the City Counc:U of Co11eyvU.le. Section 2: Auy aud all prwiously arantod applications for B.-l0 zonilll ahalt oontLnue la full force and effeot and enjOy the r~ht. and prlvi1.... gl:an~ed ell_ prien: to tMs ~te. Seotion 3; Any parc.l of land not zon.o B.-I0 but restricted in slze and eol1lid.tM as to a,pl1 only forR...10 zoning sull seek l'ellef th1:OUghthe8o_d of Acljustme:nt8. PASSED AND AOOPTID THIS ~DAY. o'Ar--~i""" 1974 A.D. ATTBST: . HAyor 1&~~~ )to toUI" 1W4I.Y, City hor uy Al'PROVBD; ~A~ SPEAKER CARD Date: t - I wish to address the City Council on the following subject: Agenda Item Number: 4 C/ Name: J do. Yv"e.r IS c;J I "Vh_\ At} P 1)1' €- Address:---L City: Cd lip i VI i ft. Telephone No )- 2/pj r-~ I./-J - /" I represent: organization/self I understand that I am limited to five minutes and on Items that are not designated as Public Hearings, the City Council must "suspend the rules" In order to hear public co, tJr questions. Signed ~ Public Record ~ ceo "ft-'s.-'';' City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 05/16/06 Controlling Body: City Council Requester: Engineering Department Agenda No.: 4c Final Action: File Name: Approval of a construction contract with Mega Contractors, Inc., for the modifications at the Senior Center, in the amount of $289,243.94, and authorize the City Manager to execute the contract Attachments: Proposed Senior Center Budget. Colleyville Economic Development Corporation Economic Development Capital Improvement Program FY 2006 - FY 2010 . Bid tab Senior Center History of Legislative File Version: Date: Acting Body: Action Text: 1 05/16/06 City Council Title Approval of a construction contract with Mega Contractors, Inc., for the modifications at the Senior Center, in the amount of $289,243.94, and authorize the City Manager to execute the contract Explanation The City purchased the Colleyville Assembly of God property at 2512 Glade Road in November 2005 to develop into a Senior Center. In January 2006, the City Council approved the purchase of an additional 2.6 acres adjacent to the Senior Center. Staff has researched improvements to the new Senior Center and has met with the senior core group to discuss options and receive their input. On going improvements to the Senior Center are underway, including removal of the steeple, removal and replacement of the existing handicap ramps, sidewalks and concrete parking lot, in accordance with established ADA requirements for accessibility. In addition, the entire parking lot will be re-striped and marked. These improvements are being performed by a separate contractor and will be completed during the course of the modifications to the building structure. Modifications are scheduled to be complete by the end of the Summer 2006. Bids for building renovations were received and opened by staff on April 26, 2006. Three bids were received; Mega Contractors, Inc., was the low bidder with a bid of $193,770. In addition to the bid price of $193,770, this project also includes a 25% contingency of $48, 442, building cost for fire alarm, security alarm, phone system, etc. of $25,700 and furniture fixtures and equipment of $46,331 for a total project cost of $314,243, which results in a shortfall of $24,999.06. Balance of available funding for this project is $289,243.94. Upon completion of review of funding options for the Senior Center, including use of Colleyville Economic Development Corporation (CEDC) available fund, staff recommends utilizing any City of Colleyville Page 1 Printed on 5/9/2006 Agenda Briefing Continued end-of-year savings for the shortfall of $24,999.06. Staff contacted references and reviewed qualifications submitted by Mega Contractors, Inc., and recommends approval of their bid. The proposed Senior Center Budget attachment gives an overview of the sources of funds and the uses of the funds. On May 20, 2006, there will be an opportunity for civic groups and individuals to assist in demolition work at the Senior Center. City staff will oversee the volunteers in removing walls and debris from the facility. Financial Impact Funds are available from the Colleyville Economic Development Corporation (CEDC) Operating Budget and the 2005 CEDC Bonds. Recommendation Approval City of Colleyville Page 2 Printed on 5/9/2006 PROPOSED SENIOR CENTER BUDGET SOURCES OF FUNDS: 2005 BOND PROCEEDS CEDC OPERATING BUDGET TOWER LEASE TENANT RENT INTEREST INCOME BONDS TOTAL $ 100,000.00 $ 150,000.00 $ 57,253.00 $ 2,533.33 $ 15,503.61 $ 325,289.94 USES OF FUNDS: ENCUMBERED FUNDS: ARCHITECT/CONSULTANT FEES PRE-CONSTRUCTION COSTS PARKING CONSTRUCTION TOTAL ENCUMBERED $ 17,600.00 $ 1,446.00 $ 17,000.00 $ 36,046.00 PROPOSED EXPENDITURES: INTERIOR CONSTRUCTION CONTRACT ADDITIONAL BUILDING COSTS (fire alarm, security system, phone system, etc.) FURNITURE, FIXTURES, EQUIPMENT TOTAL PROPOSED BALANCE OF AVAILABLE FUNDING $ 242,212.00 $ 25,700.00 $ 46,331.00 $ 314,243.00 $ 289,243.94 *($24,999.06) TOTAL *The additional $24,999.06 will be allocated through City Council discretionary funds. COLLEYVILlE ECONOMIC DEVROPMENT COPRORATION ECONOMIC DEVROPMENT CAPITAL IMPROVEMENT PROGRAM FY 2006 - FY 2010 PROJECTED FISCAl YEAR 2005 2006 2007 2008 2009 2010 BEGINNING FUND BALANCE $949,709 $1,230.394 $710.209 $669.533 $627.086 $501,883 ~~~~n~mm~m~mm:mmmm~:mmmj~~~iim~mmm:m~mm~~: PROJECTED 1/2 CENT SALES TAX REVENUE $944.932 $963.831 $1,002,384 $1.042,479 $1.084,178 $1,127,545 INTEREST INCOME $15.435 $36,912 $21,306 $20,086 $18,813 $15,056 2005 BOND SALE PROCEEDS $0 $2.000,000 $0 $0 $0 $0 USE OF AVAILABLE CASH $0 $717 .357 $299,223 $302,453 $382.482 $247.204 TOTAL REVENUES $960,367 $3.178,099 $1.322,912 $1,365,018 $1,485.473 $1.389,806 ~~~~~mnmmmmmmmm:mmmmm~mm!mmi:jj:ljjm OPERATING: ADMINISTRATIVE $5.000 $5,000 $5.000 $5,000 $5,000 $5,000 2005 DEBT SERVICE & 1.4 TIMES COVERAGE $0 $900,099 $904.913 $910,018 $900,473 $904,806 1997 DEBT SERVICE & 1.4 TIMES COVERAGE $665,606 $0 $0 $0 $0 $0 2000 DEBT SERVICE & 1.4 TIMES COVERAGE $179.549 $0 $0 $0 $0 $0 MARKETING $0 $80.000 $80.000 $60.000 $80.000 $80,000 CAPITAL: ADA IMPROVEMENTS NATURE CENTER PARK $0 $95,000 $0 $0 $0 $0 SPARGER PARK $0 $0 $125,000 $0 $0 $0 COLLEYVIlLE CENTER CHAIR REPLACEMENT $36.000 $0 $0 $0 $0 $0 MC PHERSON PARK Phase I $0 $238,000 $0 $0 $0 $0 Phase I (Bond Sale Proceeeds) $0 $400,000 $0 $0 $0 $0 Phase II $0 $0 $0 $0 $500,000 $0 CITY PARK ROAD EXTENSION $0 $130,000 $0 $0 $0 $0 PLEASANT RUN PRACTICE FIELD PARKING LOT $0 $50,000 $0 $0 $0 $0 PARK lAND PURCHASE (Bond Sale Proceeds) $0 $400,000 $0 $0 $0 $0 SENIOR CENTER FACILITY (Bond Sale Proceeds) $0 $1,200,000 $0 $0 $0 $0 FF&E AND RENOVATIONS $35,000 $150,000 $0 $0 $0 $0 OPEN AREA DEVELOPMENT $0 $0 $108.000 $0 $0 $300,000 CITYWIOE IRRIGATION MONITORING SYSTEM $0 $50,000 $0 $0 $0 $0 CITYWIDE TRAIL SYSTEM GRANT MATCH $0 $0 $0 $300.000 $0 $0 TRAIL CONSTRUCTION $0 $80.000 $100,000 $70.000 $0 $100,000 TOTAL EXPENDITURES $921.155 $3,778,099 $1,322,913 $1.365.016 $1,485.473 $1,389.806 EXCESS REVENUES OVER EXPENDITURES $39,213 $0 SO SO $0 $0 ADD BACK.4 TIMES BOND COVERAGE RATIO $241,473 $257,171 $258,547 $260,005 $257,278 $258,516 ENDING FUND BAlANCE $1.230.394 $710,209 $669,533 $627.086 $501.883 $513.195 ASSUMPTIONS: FY 2006: 1/2 OF CITY SALES TAX BUDGET PROJEQTION J FY 2007 - 2010: 4% GRbWTH DUE TO COLLEYVILLE BLVD. 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Plat Agenda Date: 05/16/06 Agenda No.: 4d History of Legislative File VerSion: Date: Acting Body: Action Text: 1 05/08/06 Planning and Zoning Commission 1 05/16/06 City Council Title Approval of a Preliminary Plat on 4.01 acres for the Heritage Glade Office Park Addition located in the 5100 block of Heritage Avenue, Case P-06-024 Explanation Reading and Public Hearing Tim Thompson, representing Realty Capital Heritage Glade, the owners of the subject property, has submitted a Preliminary Plat for 4.01 acres located near the northeast corner of the intersection of Glade Road and Heritage Avenue. The plat will subdivide the property into seven commercial lots. The applicant has submitted the plat for review and consideration by the City Council, since the plat contains more than four lots. The following is an analysis of the issues associated with this preliminary plat. Zoning. The proposed plat area is located within the CC2-Shopping Center zoning district. The minimum lot size in the CC2 zoning district is 20,000 square feet. Six of the seven lots exceed the minimum lot size for the CC2 zoning district. Lot 12 contains 16,808 square feet. The developer is requesting a waiver of the minimum lot size for Lot 12. Sidewalks and Trails. Sidewalks currently exist along the east side of Heritage Avenue. No trail facilities are required by the Colleyville Pathways Plan for this property. Drainage. This development is an extension of the Glade Points Addition located to the east and is included with a Master Drainage Plan for the development. No preliminary drainage analysis is required for the Preliminary Plat, since the subject property drains into an existing storm drainage system that was constructed with the Glade Points Shopping City of Colleyville Page 1 Printed on 5/9/2006 Agenda Briefing Continued Center. The sizing and capacity of the drainage system was constructed to incorporate the stormwater needs of the subject property. The design of the internal drainage system for the subject property will become a part of the construction plans included with the Final Plat of the property and reviewed by the Engineering Department for consistency with the drainage system for the overall development of the shopping center. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property since Heritage Avenue is considered an improved street and currently meets design standards. The developer is aware of the curb-cut spacing standards and has provided mutual access easements to accommodate public access to all lots. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat. The fee for nonresidential uses is $800 per acre. Tree Survey and Replacement Requirements. Aerial photos show a small gather of trees located in the northwest portion of the site and a second group of trees near the southwest corner of the site. At the time of building permit, a tree replacement plan may be required for the removal of these trees unless they are ultimately located within the limits of a building pad site or utility easement, which are exempt from mitigation requirements. Fire Department Comments. The Fire Marshal has indicated that any lots containing two or more commercial buildings will require a minimum of twenty feet of separation as required. by the International. Fire Code. The developer has indicated that there are no plans to construct multiple buildings on a single lot, but has acknowledged the Fire Marshal's comments. Summary. The proposed development appears to satisfy the platting standards contained in the Land Development Code. With the exception of the lot size waiver request, the proposed development appears to satisfy the requirements of the Land Development Code. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this Preliminary Plat at the May 8, 2006 meeting and recommended approval of the plat by a unanimous vote. Financial Impact There is no financial impcat to the City of Colleyville associated with this request. Recommendation Approval City of Col/eyville Page 2 Printed on 5/9/2006 ^.~._______.""~<__~.~~...._~__,.~..,",.___~_,,~=-.._._~o,_~'.~_.,~. .,__._"__....~~___ Zoning and Location Map D NORTH Subject Tract Plat I I I I I I i ,<.1 !~ if I I I J I , , L; ; It' , r--/ I r " ~" Irl I ' : ~ r:.&. II I ;J : : / l" -:rtftW :1 I : I J I I I i l. . ;1'fY r:.&. I : : ---..... I I I " __-~ ............. I -:z;pr I ~ -""--~ t ~ - - - - - -n- 1- - J -- II:II::IIIIJI ---=L-l#_________~L___ ---- .....PI , I ~ .... --m -- c.~ City of Colleyville Agenda Briefi ng 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WINW. colleyville. com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 05/16/06 Controlling Body: City Council Requester: Agenda No.: 4e Final Action: File Name: Approval of setting the dates of July 18 and August 2, 2006 for public hearings to consider approval of Land Use Assumptions, Roadway, Water and Wastewater Capital Improvement Plans and Impact Fees with Chapter 395 of the Texas Local Govemment Code Attachments: City of Colleyville Proposed 2006 Impact Fee Update Schedule History of Legislative File Version: Date: Acting Body: Action Text: 1 05/16/06 City Council Title Approval of setting the dates of July 18, 2006 and August 2, 2006 for public hearings to consider approval of Land Use Assumptions, Roadway, Water and Wastewater Capital Improvement Plans and Impact Fees in accordance with Chapter 395 of the Texas Local Government Code, Case G-06-014 - by Consent Explanation Reading and Public Hearing The City of Colleyville collects Roadway, Water and Wastewater Impact Fees as a function of issuing building permits for new development. The purpose of imposing impact fees is to help make new development pay its share of new public infrastructure improvements required by the additional demands placed on these systems by new development. For the past year, Kimley Horn and Associates, a private sector engineering firm, has been under contract with the City of Colleyville to prepare an update to the Roadway, Water and Wastewater Impact Fees. The final draft copies of the Land Use Assumptions and Capital Improvements Plans are nearing completion and will be available for public inspection on May 19, 2006. When these documents are made available, staff will post electronic versions of the documents to the Colleyville web site and notify area homebuilders and developers of the availability of the documents for review. The process for approving the impact fee studies and setting the impact fee collection rate is established by State law and contained in Chapter 395 of the Local Government Code. The regulations require a recommendation from the Capital Improvements Advisory Committee, which is composed of the members of the Planning and Zoning Commission plus a realtor and a developer. Mr. Andrew Wayne and Mr. Larry Cole have been serving as the additional two members in the composition of the advisory committee. City of Colleyville Page 1 Printed on 5/11/2006 Agenda Briefing Continued The first step in the approval process is for the City Council to adopt a resolution establishing the public hearing dates to consider the Land Use Assumptions and Capital Improvement Plans. The City Council is required to hold two public hearings to allow public input. The two public hearing dates set by the proposed resolution are July 18, 2006 and August 2, 2006. Attached is a proposed impact fee update schedule, which outlines the dates of the events associated with the approval process to adopt new Roadway, Water and Wastewater Impact Fees. Financial Impact There is no financial impact to the City of Colleyville associated with this request. Recommendation Approval City of Colleyville Page 2 Printed on 5/11/2006 City of Colleyville Proposed 2006 Impact Fee Update Schedule Action Item Responsible Date Party Submit Draft Roadway, Water and Wastewater Impact Fee KHA April 5, 2006 Reports Staff Complete Review of Impact Fee Reports Staff April 21, 2006 Submit Final Draft Impact Fee Reports KHA May 19, 2006 (Roadway, Water, Wastewater, Financial) Council Meeting to Set Public Hearing Date on Update to Land Council May 16, 2006 Use Assumptions, CIPs, and Impact Fees CIAC Review of Land Use Assumptions, CIPs and Impact Fees CIAC June 12, 2006 CIAC Submits Written Comments to Council CIAC June 13, 2006 Submit Advertisement to newspaper Staff June 14, 2006 Advertise Public Hearing Date for Update to Land Use Newspaper June 16, 2006 Assumptions, CIPs, and Impact Fees Council Worksession on Land Use Assumptions, CIPs, and Council July 5, 2006 Impact Fees Council Public Hearing and First Reading of Ordinance to Council July 18, 2006 Approve Land Use Assumptions, CIPs, and Impact Fees Council Public Hearing and Second Reading of Ordinance to Council August 2,2006 Approve Land Use Assumptions, CIPs, and Impact Fees I'~::~~:;'~~\. 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',.,~~-/;:~~";(~ "h~.:;/>: City of Colleyville Agenda Briefing 100 Main Street Co II eyvill e, Texas 76034 (817) 503-1000 IN'/'JIN. colleyville. com File Number: Version: 1 File Type: Resolution Status: Consent Agenda Controlling Body: City Council Final Action: Requester: Engineering Department File Name: Approval of a construction contract with Midwest Wrecking Co., for the Old City Hall Demolition, in the amount of $13,320, and authorize the City Manager to execute the contract Agenda Date: 05/16/06 Agenda No.: 4f A.ttachments: Bid Tab Old City Hall History of Legislative File Version: Date: Acting Body: Action Text: 1 05/16/06 City Council Title Approval of a construction contract with Midwest Wrecking Co., for the Old City Hall Demolition, in the amount of $13,320, authorizing the City Manager to execute the contract Explanation The demolition of the Old City Hall building will increase possible best use scenarios for the property on which the current building stands idle. This increases appeal for the possible future development and/or investment of said property. Bids for the building demolition were received and opened by staff on May 10, 2006. Four bids were received; Midwest Wrecking Co., was the low bidder with a bid of $13,320. Staff contacted references and reviewed qualifications submitted by Midwest Wrecking Co., and recommends approval of their bid. Financial Impact Funds are available in account 001-14-6298, City Council Discretionary Funds Recommendation Approval City of Colleyville Page 1 Printed on 5/11/2006 ~ l".,.".... CITY OF COLLEYVILLE BID TABULATION DATE OPENED LOW BID Submitted by: 05/10/06 $13,320.00 Midwest Wrecking Co. REASON FOR BID Old City Hall Demolition Companies Represented at Intercon Environmental Opening Mart, Inc. Bid Bond Bid No. Bidder Bid Amount Present 1 Midwest Wrecking Co. $13,320.00 Yes 2 Intercon environmental Inc. $15,983.20 Yes 3 Mart Inc. $29,200.00 Yes 4 Lindamood Construction Co. Inc. $34,500.00 Yes EXPLANATION: Demolition of Old City Hall SPEAKER CARD Date 5 lfo Ob - - - I wish to address the City Council on the following subject: 1/ TMO -5 EIJ E/2 GY Agenda Item Number: ~I)G( Name: /J1~f .5EIrN fJ1aLo tVEY Address: ?6o E 130;2 Jj Eh- S7 - ~ City: ~ LING- To r<.J Telephone No. :?/7 -- 30.3 .' J, 9 ! / I represent: 8V Ell- G- Y If 111105 organization/self I understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed ) .~ }k-L6 This information is a Public Record . l'bs,'.,;. City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1571 File Number: 0-06-1571 File Type: Ordinance Version: 1 Agenda Date: 05/16/06 Requester: Budget and Agenda No.: 5a Administrative Services File Name: Approval of Rate Ordinance regarding Atmos natural gas rates and authorization of the Atmos Cities Steering committee to act on behalf of the City in any such proceedings Attachments: Ordered Rates.pdf . Cities' Recommended Systemwide Costs of Service.pdf' Cities' Recommended Rates.pdf' Ordinance 0-06-1571.doc Status: Second Reading Controlling Body: City Council Final Action: History of Legislative File Version: Date: Acting Body: Action Text: 1 1 05/02/06 05/16/06 City Council City Council Title Approval of finding that the existing natural gas distribution rates of Atmos Mid-Tex should be reduced; ordering Atmos Energy Corp., Mid-Tex Division, to reduce its existing rates within the city; adopting specific new rates R,T&C and ordering all rates, service charges and tariff language not inconsistent with Attachment "1" to remain operative except that all Gas Rate Infrastructure Program (GRIP) surcharges shall immediately cease; and ordaining other provisions related to the subject matter hereof Explanation Purpose of the Ordinance: Municipalities have original jurisdiction over gas utility rates within the city. Municipalities have authority under the Gas Utility Regulatory Act ("GURA") to initiate a proceeding to determine whether the existing rates being charged by a gas utility are unreasonable or in violation of the law. In September 2005, Atmos Cities Steering Committee (ACSC), of which the City of Colleyville is a member, determined that Atmos should be required to establish the reasonableness of its current rates. The "show cause" resolution adopted by the City of Colleyville required Atmos to file by December 31, 2005, support for its current rates. Atmos filed schedules with the ACSC cities, which have been reviewed by the consultants. As a result of their analysis of the filing and additional information, the cities' consultants have issued a report finding that Atmos' current rates are excessive and should be reduced. Overview of Consultants' Report: 1. Rate of Return. Atmos' filing used the same rate of return approved in Gas Utilities Docket (GUD) No. 9400, based upon the capital structure and component costs of TXU City of Colleyville Page 1 Printed on 5/11/2006 .._."....___.-.........._.,.........,."..,._ "M ~M.'__.__ _____._"___ Agenda Briefing Continued (0-06-1571) Gas. Atmos' filing does not reflect the change in ownership; Atmos' capital structure is markedly different from TXU Gas, and the rate of return should be adjusted. 2. Rate Base. Atmos has allocated plant assets to Atmos Mid-Tex that did not come from TXU when Atmos purchased the system, and that may already be included in the rates of customers served by other Atmos operating units. Additionally, Atmos has failed to recognize the accumulated deferred income taxes and investment tax credits that were on the books of TXU when the assets were acquired, resulting in a loss by ratepayers of the benefits of the deferrals. As a result, Atmos' rate base should be reduced by $185 million. 3. Depreciation Expense. A service unit was removed from the rate base, but Atmos has not reduced its depreciation expense associated with this removal. As a result, Atmos' depreciation expense should be reduced by $3.1 million. 4. Operating Expenses. Atmos has improperly adjusted its operation and maintenance expenses, resulting in a reduction of $35.8 million to these expenses. 5. Service Charge Revenue. Atmos has not included service charge revenues to reduce its revenue requirements. These revenues need to be accounted for, and reduce Atmos' base rate revenue requirements by $927,576. The rates in Attachment "A" are recommended by the cities' consultants to meet the requirements of the Gas Utility Regulatory Act ("GURA"). That is, the rates will produce revenues for Atmos that will permit Atmos an opportunity to earn a reasonable return on its invested capital. As a result of these recommended adjustments, Atmos' revenue requirement should be reduced by $73.5 million from that reflected in its show cause filing, and by $34.7 million below the revenue requirement approved in GUD No. 9400. The rates recommended by the cities' consultants are a reduction from both the monthly customer charge and the commodity rate established in GUD No. 9400. The rates in Attachment "A" will become effective upon approval. GRIP surcharges will cease immediately. It is anticipated that Atmos will appeal the rate ordinance to the Railroad Commission. A full hearing on the merits of Atmos' appeal would be held at the Commission. It is expected that the hearing will take place later this year. Financial Impact Gas Standing Steering Committee absorbs the costs of the rate case and these costs are subject to reimbursement by Atmos at the end of the case, pursuant to the Texas Gas Utilities Regulatory Act, S 103.022. However, rate case expenses incurred by Atmos may be imposed as a surcharge on customers' bills. Typically, those charges are nominal to the customer and pro-rated over a period of time. As a result of such expenses, it is estimated that the total resulting charges could be approximately $1 per residential customer, which could be billed to a customer over a 3 to 12 month period. Under the city-ordered rates, the average decrease in residential monthly bill would be an estimated $2 per customer. To ascertain any impact this reduction could have with regard to franchise fees, the number of residential, commercial, and industrial connections within the city would need to be known. A request made to Atmos regarding the connections has not been received at the time of the writing of this brief. However, using a 2: 1 ratio, based on population, an estimate of the number of connections in the city may be achieved. Based on the TML population for Colleyville of 21,730, there may be an estimated (mixed) City of Colleyville Page 2 Printed on 5/9/2006 Agenda Briefing Continued (0-06-1571) 10,865 connections, resulting in an estimated annual impact $10,430.40. Recommendation Approval City of Colleyville Page 3 Printed on 5/9/2006 Attachment A Atmos Energy Corp., Mid-Tex Division Ordered Rates Line Ordered No. Rate R - Summary Rates 1 Customer Charge $ 7.50 2 3 Block 1 Commodity Rate (0-3 Met) $ 1.1915 per Met 4 Block 2 Commodity Rate (over 3 Met) 0.9415 per Met 5 6 Average Monthly Bill (6 Met without Gas Cost) $ 14.72 per Month 7 8 Average Monthly Bill (6 Mcf with Gas Cost) $ 34.75 per Month 9 10 11 Ordered 12 Rate C - Summary Rates 13 14 Customer Charge $ 12.50 15 16 Block 1 Commodity Rate (0-30 Met) $ 0.7417 per Met 17 Block 2 Commodity Rate (30-350 Mcf) $ 0.4917 per Met 18 Block 3 Commodity Rate (Over 350 Mcf) $ 0.2417 per Met 19 20 Average Monthly Bill (30 Mcf without Gas Cost) $ 36.76 per Month 21 22 Average Monthly Bill (30 Met with Gas Cost) $ 136.78 per Month 23 24 25 Ordered 26 Rate T . Summary Rates 27 28 Customer Charge $ 300.00 29 30 Block 1 Commodity Rate (0-1,500 MMBtu) $ 0.4977 per MMBtu 31 Block 2 Commodity Rate (Next 3,500 MMBtu) $ 0.3477 per MMBtu 32 Block 3 Commodity Rate (Next 45,000 MMBtu) $ 0.1977 per MMBtu 33 Block 4 Commodity Rate (Over 50,000 MMBtu) $ 0.0477 per MMBtu 34 35 Average Monthly Bill (300 MMBtu without gas cost) $ 475.07 per Month 36 37 Average Monthly Bill (300 MMBtu with gas cost) $ 1,474.93 per Month EXHIBIT 1 Atmos Energy Corp., Mid.Tex Division Cities Show Cause Rate Filing Cities Recommended Systemwide Cost of Service Atmos Cities Line Proposed Recommend Difference From No. Description Final Order 6/30/05 6/30/05 Final Order (a) (b) (o) (c) (d) 1 Operating Reven ue 2 Residential (non-gas costs) S 270,564,752 $ 295,503,656 S 236,767.430 $ (31,617.321) 3 Residential (gas costs) 314,197,054 314,197,054 314,19'7,054 4 Total Residential 564,761,605 609,700,712 552.964,464 (31,617,321) 5 6 Commercial (non-gas costs) $ 68,103,234 $ 73,415,254 $ 60,303,270 $ (7,799,964) 7 Commercial (gas costs) 194,651,072 194,651,072 194,651,072 8 Total Commercial 262,754,306 268,066,326 254,954.342 (7,799,964) 9 10 IndustriaVTransportation (non-gas costs) $ 18,924.434 $ 24,173,053 $ 19,677.447 $ 753,013 11 IndustrlaVT ransportalion (gas costs I 26,063.143 26,063,143 26,063,143 12 Totallndustrialrrransportation 44,987.577 50,236,196 45,740,590 753.013 13 14 Total (non-gas costs) $ 357,612,420 $ 393,091,965 $ 318,748,147 $ (38.864,273) 15 Total (gas costs) 534,911,269 534,911,269 534,911,269 16 Total Operating Revenue 892,523,689 928,003,234 853,659,416 (38.864,273) 17 18 T olal Other Revenue 17 ,882,192 S 21,085,415 $ 22,012,991 $ 4.130.799 19 20 Tolal Operating and Other Revenue S 910,405,881 S 949.088.649 S 875.672,407 S (34,733.473) 21 22 23 Total Revenue Requirement 24 25 Operating Expenses 26 Gas Cost S 534,911,269 $ 534.911,269 $ 534,911.269 27 28 Operation and Maintenance Expenses 164,130.220 162,340.824 126,522,180 29 30 Taxes Olher than Income Taxes 70,374,371 75,400,544 71.423,693 31 32 Depreciation and Amortization Expense 55,042,990 65,663.511 62,591.960 33 34 Interest OIl Customer Deposits 1,472,567 2,325,821 2.325,821 35 Interest on Customer Advances 124,993 126,573 126,573 36 37 Federal Income Taxes 20.785,888 26,568,125 18,627,900 38 39 Return on Rate Base 63,563,562 81,751,983 59,143,011 40 41 Total Revenue Requirement $ 910.405,880 $ 949,088,649 $ 875,672,407 42 43 Note: The above figures include the cost of gas. EXHIBIT 2 Atmos Energy Corp., Mid.Tex Division Cities Show Cause Rate Filing Cities Recommended Rates Atmos Cities Proposed Recommend lolne No. Rate R - Summary Final Order 6/30/05 6/30/05 1 Customer Charge $ 9.00 $ 9.73 $ 7.50 2 3 Block 1 Commodity Rate (0-3 Met) $ 1.2390 $ 1.3991 $ 1.1915 per Met 4 Block 2 Commodity Rate (over 3 Met) $ 0.9890 $ 1.1491 0.9415 per Met 5 6 Average Monthly Bill (6 Met without Gas Cost) $ 16.61 $ 18.40 $ 14.72 per Month 7 8 Average Monthly Bill (6 Met with Gas Cost) $ 36.64 $ 38.44 $ 34.75 per Month 9 10 11 Atmas Cities Proposed Recommend 12 Rate C . Summary Final Order 6/30/05 6/30/05 13 14 Customer Charge $ 15.50 $ 17.93 $ 12.50 15 16 Block 1 Commodity Rate (0-30 Met) :> 0.7894 :> 0.8215 $ 0.7417 per Met 17 Block 2 Commodity Rate (30-350 Met) S 0.5394 $ 0.5715 $ 0.4917 per Met 18 Block 3 Commodity Rate (Over 350 Met) $ 0.2894 $ 0.3215 $ 0.2417 per Met 19 20 Average Monthly Bill (30 Met without Gas Cost) $ 41.44 S 45.03 $ 36.76 per Month 21 22 Average Monthly Bill (30 Met with Gas Cost) $ 141.46 S 145.05 136.78 per Month 23 24 25 Atmos Cities Proposed Recommend 26 Rate T . Summary Final Order 6/30/05 6/30/05 27 28 Customer Charge $ 150.00 $ 241.86 300.00 29 30 Block 1 Commodity Rate (0-1,500 MMBtu) $ 0.4882 $ 0.5935 $ 0.4977 per MMBtu 31 Block 2 Commodity Rate (Next 3,500 MMBtu) $ 0.3382 $ 0.4435 $ 0.3477 per MMBtu 32 Block 3 Commodity Rate (Next 45,000 MMBtu) $ 0.1882 $ 0.2935 $ 0.1977 per MMBtu 33 Block 4 Commodity Rate (Over 50,000 MMBtu) $ 0.0382 $ 0.1435 $ 0.0477 per MMBtu 34 35 Average Monthly Bill (300 MMBtu without gas cost) $ 313.48 $ 443.98 $ 475.07 per Month 38 37 Average Monthly Bill (300 MMBtu wilh gas cost) $ 1,313.43 $ 1,443.84 $ 1,474.93 per Month ORDINANCE 0-06-1571 AN ORDINANCE FINDING THAT THE EXISTING NATURAL GAS DISTRIBUTION RATES OF ATMOS MID-TEX SHOULD BE REDUCED; ORDERING ATMOS ENERGY CORP", MID- TEX DIVISION, TO REDUCE ITS EXISTING RATES WITHIN THE CITY; ADOPTING SPECIFIC NEW RATES R, T & C AND ORDERING ALL RATES, SERVICE CHARGES AND TARIFF LANGUAGE NOT INCONSISTENT WITH ATTACHMENT 1 TO REMAIN OPERATIVE EXCEPT THAT ALL GRIP SURCHARGES SHALL IMMEDIATELY CEASE; AND ORDAINING OTHER PROVISIONS RELATED TO THE SUBJECT MATTER HEREOF WHEREAS, the City of Colleyville, Texas (City) is a regulatory authority under the Gas Utility Regulatory Act (uGURA") and has original jurisdiction over the gas utility rates of Atmos Energy Corp., Mid-Tex Division (the "Company"); and WHEREAS, the City has the authority under SS 103.001 and 104.151, GURA, to initiate a proceeding to determine whether the existing rates of a gas utility are unreasonable or in any way in violation of any provision of law; and WHEREAS, the City previously authorized participation with the Atmos Cities Steering Committee (ACSC); and WHEREAS, on November 11, 2005, the City ordered the Company to show cause regarding the reasonableness of its existing natural gas distribution rates within the City; and WHEREAS, the Company filed its rate filing package with the City on or about December 31, 2005; and WHEREAS, the City's representatives obtained additional information from the Company through written requests for information; and WHEREAS, the City's consultants and representatives through cooperative efforts under the direction of the ACSC have reviewed the rate filing package and responses to information requests and have made a recommendation to the City regarding the rates to be charged by the Company within the City; and WHEREAS, on May 2, 2006, a public hearing was held, at which time the Company was given an opportunity to address the City Council regarding its current rates; and WHEREAS, GURA S 104.151(a) provides that if a regulatory authority, on its own motion or on complaint by an affected person, after reasonable notice and hearing, finds that the existing rates of a gas utility for a service are unreasonable or in violation of law, the regulatory authority shall enter an Ordinance 0-06-1571 Page 2 of 4 order establishing the just and reasonable rates to be observed thereafter, and serve a copy of the order on the gas utility; and WHEREAS, GURA 9 104.151(b) provides that the rates thus ordered by the regulatory authority constitute the legal rates of the gas utility until changed as provided by GURA; and WHEREAS, after affording reasonable notice and hearing to the Company, it is the City's opinion that the Company's current rates are not reasonable; and WHEREAS, based upon such hearing, the briefing of staff, and the consultants' findings, the City has made a determination of the reasonableness of the existing rates of the Company, and has determined just and reasonable rates to be hereafter observed and enforced for all services of the Company within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Company was given reasonable notice of the hearing held on May 2, 2006, and the Company had a reasonable opportunity to show to the City that its rates were just and reasonable. Sec. 2. THAT the Company failed to show that its existing rates are just or reasonable. Sec. 3. THAT the rates set forth on Attachment "An to this Ordinance, which attachment shall be incorporated as if it were fully set forth herein, are just and reasonable rates: a. The rates set forth in Attachment "An establish the Company's overall revenues at an amount that will permit the Company a reasonable opportunity to earn a reasonable return on its invested capital used and useful in providing service to the public in excess of the Company's reasonable and necessary operating expenses, in compliance with GURA 9104.051; and b. The rates set forth in Attachment "An do not yield more than a fair return on the adjusted value of invested capital used and useful in providing service to the public, in compliance with GURA 9 104.052. Sec. 4. THAT the Company shall immediately begin charging the rates set forth on Attachment "An hereto, and shall, pursuant to GURA 9 104.301, ",_~..____._~~.~.__....-.___~_.'~~"'~~'___ M'" Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Sec. 10. Ordinance 0-06-1571 Page 3 of 4 immediately cease the imposition and collection of all Gas Reliability Infrastructure Program ("GRIP") surcharges. THAT the existing rates, service charges and tariff language not inconsistent with Section 4 and Attachment 1 shall remain operative. THAT the City is authorized to intervene in any appeal of the City's action filed at the Railroad Commission of Texas and to otherwise participate in any litigation associated with the Company's rates charged in the City, in conjunction with the ACSC. THAT the Company shall promptly reimburse ACSC for ratemaking costs associated with the City's activities related to the show cause proceeding, including appeals to the Railroad Commission or Courts, in accordance with GURA S1 03.022. THAT a copy of this Ordinance shall be sent to the Company, care of Richard T. Reis, at Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, and to Geoffrey Gay, legal counsel to ACSC, at Lloyd Gosselink, P.O. Box 1725, Austin, Texas 78767-1725. THAT this Ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. THAT it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor Ordinance 0-06-1571 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney "~~-~-_........._-~.---~-,-_._~_._,.._-'-- Attachment A Atmos Energy Corp., Mid-Tex Division Ordered Rates Line Ordered No. Rate R - Summary Rates 1 Customer Charge $ 7.50 2 3 Block 1 Commodity Rate (0-3 Mcf) $ 1.1915 per Mcf 4 Block 2 Commodity Rate (over 3 Mcf) 0.9415 per Mcf 5 6 Average Monthly Bill (6 Mcf without Gas Cost) $ 14.72 per Month 7 8 Average Monthly Bill (6 Mcf with Gas Cost) $ 34.75 per Month 9 10 11 Ordered 12 Rate C - Summary Rates 13 14 Customer Charge $ 12.50 15 16 Block 1 Commodity Rate (0-30 Mcf) $ 0.7417 per Met 17 Block 2 Commodity Rate (30-350 Mcf) $ 0.4917 per Mcf 18 Block 3 Commodity Rate (Over 350 Mcf) $ 0.2417 per Mcf 19 20 Average Monthly Bill (30 Met without Gas Cost) $ 36.76 per Month 21 22 Average Monthly Bill (30 Met with Gas Cost) $ 136.78 per Month 23 24 25 Ordered 26 Rate T - Summary Rates 27 28 Customer Charge $ 300.00 29 30 Block 1 Commodity Rate (0-1,500 MMBtu) $ 0.4977 per MMBtu 31 Block 2 Commodity Rate (Next 3,500 MMBtu) $ 0.3477 per MMBtu 32 Block 3 Commodity Rate (Next 45,000 MMBtu) $ 0.1977 per MMBtu 33 Block 4 Commodity Rate (Over 50,000 MMBtu) $ 0.0477 per MMBtu 34 35 Average Monthly Bill (300 MMBtu without gas cost) $ 475.07 per Month 36 37 Average Monthly Bill (300 MMBtu with gas cost) $ 1,474.93 per Month SPEAKER CARD Date I ~ (o~ I wish to address the City Council on the following subject: Or 010 - (S'i L - ~ ovJ f'fSttf~{(pM(t~4~ Agenda Item Number: Io~ Name: ~~M~("tA~~ Address: lot I/, fA c- Uti b^- (lIr City: C~l~cty vt(lt Telephone No. a:;.. 4zt. S6~1- I represent: ~f- organization/self I understand that I am limited to five minutes and on items that are not designated as Public ~s, the City Council must "suspend the rules" in order to hear public mment or questi~ Signed 'J ;.1~ This information is a Public Record c& -rex."'" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1572 File Number: 0-06-1572 Version: 1 Requester: File Type: Ordinance Status: Second Reading Controlling Body: City Council Final Action: File Name: Community Development Department Approval of a Special Use Permit for outdoor storage on Lot 1 R3, Block 1 of the West Industrial Addition located at 6617 Colleyville Boulevard, Case Z-06-007 Agenda Date: 05/16/06 Agenda No.: 6a Attachments: Zoning and Location Map' List of Property Owners Notified . Information and Drawings from Applicant. Plat of Adjoining Property. Letters in Opposition to the Rezoning Request . Ordinance 0-06-1572 History of Legislative File Version: Date: Acting Body: Action Text: 1 1 05/16/06 06/06/06 Planning and Zoning Commission City Council City Council 1 04/24/06 Title Approval of a Special Use Permit for outdoor storage on Lot 1 R3, Block 1 of the West Industrial Addition located at 6617 Colleyville Boulevard, Case Z-06-007 Explanation First Reading and Public Hearing Neil and Sherri Hart are the owners of this tract of land located at 6617 Colleyville Boulevard and have submitted an application for a Special Use Permit (SUP) to allow outside storage of recreational vehicles and boats on the rear portion of the tract. Existing Conditions. The western portion of the property is currently used for the outdoor display of lawn furniture for a business located on the adjacent northern lot (6703 Colleyville Boulevard), which is also owned by the applicant. The eastern portion of the property is currently vacant. The property is located within the ML-Light Manufacturing zoning district, which requires a SUP for outside storage. Platting. The property is not platted. Platting will be required if permanent structures are constructed on the site. The addition of pavement will not trigger platting; however, a drainage analysis will be required prior to the release of a grading permit for construction of a parking area. Adjacent Zoning and Development. The surrounding properties are primarily developed City of Colleyville Page 1 Printed on 5/11/2006 Agenda Briefing Continued (0-06-1572) as industrial, commercial and residential uses. Properties to the north are zoned ML-Light Manufacturing and are developed as nonresidential uses. The property to the south is zoned ML-Light Manufacturing and PUDC-Planned Unit Development Commercial and are developed as nonresidential uses. Properties to the east are zoned PUDR-Planned Unit Development Residential and are developed as single family residential uses. This property abuts SH26 on the west. Development Analysis. The applicant proposes to use the property for the outdoor storage of recreational vehicles and boats. The applicant has indicated that the maximum combined number of recreational vehicles and boats on the site will not exceed 25. The applicant has also indicated that no vehicles or boats will be repaired on the property. Staff recommends that the SUP ordinance prohibit the repair, servicing and sales of vehicles and boats. The outdoor storage business will operate from 7:00 a.m. to 8:00 p.m. All vehicle and boat storage will be located on the east side of the property and no permanent structures, including covered parking or storage structures, will be erected on the site. No additional outdoor lighting will be utilized for the property as the applicant intends to use the two existing outdoor lights. The site is currently unpaved and the applicant proposes to pave the proposed storage area with recycled black top. The adjacent business located to the south of the applicant's property is using recycled asphalt for the parking of vehicles; however, it has been in operation for many years as a non-conforming status. Staff recommends the proposed parking lot be hard surfaced, since it will become a new business operation. The Land Development Code requires all new parking lots be a minimum of five inches of concrete or asphalt. A drainage analysis will be required prior to the release of a grading permit for construction of the parking lot. The City Council may approve a standard less than that required by the Land Development Code as a condition of the SUP ordinance. Fencing and Screening. There is an existing eight (8) foot tall chain link fence and an eight (8) foot tall wood fence along the north side of the property. There is an existing eight (8) foot tall wood fence on the east side of the property, adjacent to the residential uses ( Ross Downs Addition). There is also an existing eight (8) foot tall chain link fence on the south side of the property. The applicant proposes to construct an eight (8) foot tall fence along the southeast property line adjacent to Ross Downs Drive to connect to the existing fences and to construct an electric gate across Ross Downs Drive. A proposed site plan has been provided by the applicant and is included as an attachment to this agenda briefing Staff recommends the existing eight (8) foot fence adjacent to Ross Downs Addition be required as a permanent screening device as a condition of an approved ordinance for this property. If the existing eight (8) foot fence is not located on the subject property, staff recommends that the applicant be required to construct an eight (8) foot opaque, wood fence upon the removal of the existing fence. Staff also recommends a landscape setback along the eastern property line that is in compliance with the Land Development Code where this property abuts residential uses. The Land Development Code states the following: ...a minimum twenty (20) foot wide green belt of "live plant material of the evergreen City of Colleyvi/le Page 2 Printed on 5/11/2006 Agenda Briefing Continued (0-06-1572) variety" which is expected to grow to six (6) feet in height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers, for the entire distance along which the development abuts the residential district. It appears there are existing trees along the eastern property line adjacent to Ross Downs Addition. At a minimum, staff recommends the existing trees be preserved as a buffer as a condition of the ordinance. On October 21, 2003, City Council approved Ordinance 0-03-1416 for the PUDC zoning designation for the property located on the south side of the subject property. Ordinance 0- 03-1416 approved the outdoor storage of recreational vehicles and required a landscape screening plan, including a tree planting plan, for the portion of the site adjacent to the residential uses in the Ross Downs Addition. The fencing and screening requirements recommended by staff for this request are based on consistency with the approved ordinance of the adjacent property due to the similarity of proposed uses. Access. Ross Downs Drive is not classified as a public roadway. In the case of an emergency, City of Colleyville emergency services may not be able to access the property from Ross Downs Drive. Access to the property must be provided via 6703 Colleyville Boulevard, which has a fire lane shown on the recorded plat. The applicant has indicated the Fire Department can gain access to the property. Master Plan. The Colleyville Master Plan designates the future use of this area for retail land uses. The proposed use is not in full compliance with the Master Plan. Although the front portion of the property is currently used for retail business uses, it is doubtful that the vacant rear portion would support the development of a new retail business. The proposed use may help to generate additional business activity along Colleyville Boulevard. Development Trends. The long-term trend for this area is nonresidential development. Property in the area is generally suitable for nonresidential development. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of- way. The developer is responsible for the extension of utilities to the property if necessary. Public Notification. Staff mailed notices to 17 adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and the Land Development Code. Two letters in opposition to this request have been received and are attached to this agenda briefing. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this request at the April 24, 2006 meeting and recommended approval by a unanimous vote. Financial Impact There is no financial impact to the City of Colleyville associated with this request. Recommendation Approval, with the following conditions, which have been inserted into the draft ordinance: City of Colleyville Page 3 Printed on 5/11/2006 Agenda Briefing Continued (0-06-1572) 1. The repair, servicing and sales of recreational vehicles and boats shall be prohibited. 2. The outdoor storage business hours of operation will be limited to 7:00 a.m. to 8:00 p.m. 3. All recreational vehicle and boat storage will be located on the east side of the property. 4. No permanent structures, including covered parking or storage structures, will be erected on the site. 5. The maximum combined number of recreational vehicles and boats on the site will not exceed 25. 6. The pavement for the parking area shall be constructed of concrete or asphalt in accordance with the Land Development Code. 7. The existing eight (8) foot fence adjacent to Ross Downs Addition be required as a permanent screening device. If the existing eight (8) foot fence is not located on the subject property, the applicant shall be required to construct an eight (8) foot opaque, wood fence in the event the existing fence is removed. 8. The portion of the perimeter fence located along the southern property line be eight ( 8) feet tall, per the Land Development Code. 9. A landscape setback along the eastern property line in compliance with the Land Development Code. 10. A drainage analysis will be required prior to the release of a grading permit for construction of the parking lot. 11. Proper access be provided in accordance with the International Fire Code. 12. Black or gray water dump stations shall be prohibited on the site. City of Colleyville Page 4 Printed on 5/11/2006 Zoning and Location Map 3 J Green Limited Partnership 6620 Colleyville Blvd. Suite 100 Colleyville, TX 76034 Conbined Enterprises Inc. 6607 Colleyville Blvd. Colleyville, TX 76034 Eklund, James B 3005 Columbine Drive Grapevine, TX 76051 Hart, Neil Etux Sherrie, applicant 1600 Glade Road Colleyville, TX 76034 Sheker, W Clyde Etux Lavonne 6700 Kennedy Drive Colleyville, TX 76034 The Wickham Family Ltd. Prtnshp. PO Box 110278 Carrollton, TX 75011 Z-06-007 List of Property Owners Notified Anderson, Gary D Etux Becky S 6618 McMakin Ct. Colleyville, TX 76034 Cook, Donald L Etux Susan J 6620 McMakin Ct. Colleyville, TX 76034 Flowers, Gregg W Etux Karol B 6614 McMakin Ct. Colleyville, TX 76034 Rucker, Richard B Etux Sharon 6705 Colleyville Blvd. Colleyville, TX 76034 Sun Valley Properties 5301 Sun Valley Drive Ft. Worth, TX 76119 Wilson, Harold Est & Kathy 211 Meadow Lark Duncanville, TX 75137 Colleyville Area Chamber of Commerce 6700 Colleyville Blvd. Colleyville, TX 76034 Double Rainbow Ltd. PO Box 610764 Dallas, TX 75261 Graham, Jas W III Etux Angela 6616 McMakin Ct. Colleyville, TX 76034 Schwob Investments Ltd. 717 Red Ridge Road Durango, CO 81301 Total Enterprise Inc. PO Box 610764 Dallas, TX 75261 Ross Downs HOA Michael Muhm, President 6607 Connie Lane Colleyville, TX 76034 Information and Drawings from Applicant March 23,2006 City Of Colleyville, TX Planning and Zoning Commission Re: AJ. Survey, A-963 To whom it may concern; Weare requesting a special use permit to allow RV and boat storage. To the north of said property is zoned light industrial, to the south is zoned light industrial, to the east is zoned residential (Ross Down Estates) and to the west is Colleyville Blvd. Respectfully, Neil and Sherrie Hart --'---"~ / (--~ I ~,-_._- 1 ~ .... !~-- \-1 ~~...- \ -=--~ -.'., ~,---:..-.,-~ (, ',_... J- "-t- ~l -l! ~ ~! ~... \,~ ~ I f == iii .... f CCI ("l '"' I u ~i~ ..... -' - ..... Q; ~ ~ t ~ 1 ~ s ~ t t Po. f ~ \ \. "' ...., ~ J-. .... ~ .l It - ~ \. \>-~ "- \ ~-.. '....'-- '--...... k. -, 11,. \1j '.~ ... y~ ~ ---. lo. . --.... , ~ ~ -'--- ~ ~~ ~t ~~ ~ f ~~ ~.l. tl ~ ~1t ~ ~, l:r <q i"-1")'o(?' ~~ ,..;..." - :::;-......." ...,.~..~ \C ) ~ VI 5 .( ~ -< , \. r- ., '; ~,~., \ I", '\ J '. '-. 4 ., ,^,- '" 'Z... 'i"--./' " ,~ \ lliill -\ -\ \\ \\..~ ~, ~~ ;:!, \~ ~ t~. ~r:t" ~ ~':h lti~,.: ~\~~ ! ~\'i'" 'i ......." '.......~ ......, ..."", ........ \\\\ 4, LIMITED '. 15&1 :.1. WI. i #..... I j \ ~~ SIr ~41 .!y .~ : 1/ ............ .-. 1&01 W T ~ ~ ,Jr till .ut ............ ; .....:.- ;-~ ------ Plat of Adjoining Property .I }I ._"~_ if __. -_____ toil - --..- -. LU'l'i / ~- - 11\ / ,,"0 \J tv .k 4" ~ JtI.~ i! ... ;J.S;j .t ~. "Ii ~ ~~ ~ <- ~t'! I. ~~~ - --!! U':I4'..r... l _~ ~A % " ~~ or;;:;: ~ 15<.... a .. ..---- ---.--~ ~ -- ------ . ~~." l~r-.U-_ ~ N '/J - - - ..i~~ /~-; J:'" :!!I '" ':tl. D -/ ~ f U>T 2l11. .\.OQ'. to 'JlUf ~l _I.... v. ~,n. P. 16 ~l t 1. LOT lRl LOT tR3 514351 S.F. 1.1EU ~S lOT 1 H2 25.36a $,F. cf.sa3 ACRES $ ~1'1J'.u-l ,..1' ~ .... 13. 1:): ':!)tJ ,,\) \a tlr tfU --..-. 1~1 ,)3 10" r.. " '!- ~. S 8759'21.'11' 212.17 .~.. <-~--' _ - - ~ -i2~\- s 8140:' !.; 226.1 ~~~ \ "W.f?~.l-'r ZONEO I<f:, _ f~"~;, T ft. OWW '__~ Ii. "'16,,,. P." 50 __' U.fl.I.C.I. !'ON(O r.lL. Northern HART Property: 6703A Colleyville Blvd "._._-.~._--~~.""--,._,--,.~._--'--"_.~...,--,._.,...,_._""--~~------- ,_.........~-_._..-._.._"_.--~-~.._......,.-"'--..-..~--"' Letters in Opposition to the Rezoning .__.___...._~~~~e~~__ Date: Thu, 13 ApI' 2006 11 :59:30 -0400 Frorn:..jEtrry@oh~mplonCheeraI18tsl'8.com To: fuller.cO~i.CQlleyvlle.bc.us CC:.jennlfer<loharnPlon~heerall$tars.com Subject: Zoning fOr 6703 Colleyville Blvd. Chris Fuller City of Colleyville Pursuant to our phone conversaUonYEt$t,rd~)'I..am .wriQngto,'l<press our concemsaboutthe adding of a "RV/BOAT STORAGEARSA" totil$ propertyilt670a.Colleyville Blvd. The entrance to Q~rfacility is the drivewa,ontherl()rth sid$ofHart Pool and Spa ~nd(m"ttt~ $outh side of AlI:-Pro Glass. This drlveWaYI'an'tt()wtwolanEtEtntrarl9$.TheenUrEtw~ltltoUhe driyQW8Y 'sclassified asaFlre Lane. T~.r:ire'~"fJ$'runs~tylllqthof the AII"Pf()t~' " bu1kiil)9'sndHart PooI8ndSpasfen~.Q~..a Cf~IIY'b4~I..mi$dtlveway~l'use i8.CX){YIP~ i. . ];>ya ~~m:~~:::~~~~~t~:=~:~lfr~:~~lfn;~~~6;rJ:=:h::~:lj:Q~~~!~~the OollewllleFlre Department Is very familiar with this sltuatl9o. The next concern Is ,access from HighWaY 26. There Is noleft hand turn lane forsouth'bound tffl~.to,t\lrolnto either the entrance.dnv~ay, Hartpool."ndSpa or All-Pro GI~.~araY $(),\ttbbo~nddrive...havea tendency tou. the northbound left hand t'-lm lana WhQntumlng.The 'Q. VVIll$ Police Department has talked to me.ver$LtinlesCOncemlngthls$ltuatlOn~i....H,yhave a~ dJrsto advise our customers that they would have to start Issuing cltatlons.to vlOlat()r$. W~ hav,eoiher concerns about visually distressing sltuatlonslnthislmlMdlate area.. Outside stol1lQeb~II'lQ ,the main problem. This mayor may not be covered by code exceptions. It Is not a very,appeallng situation. Thanks for your time and If you have any questions please call. Jerry, McNamara Ctl.,mplQn Cheer 67Ql AColJ,yville Blvd 'Ste A C()I~YVlUe.tx 76034 817<251..1646 x6# A special use pennit for outside storage at Hart Pools is being considered tonight at the P&Z meeting. I am not in favor of this use for the location. MyreasoIls why: . HfJIt Pool has used the area for storage illegitamately for several years without enforcement by the city. Proving once again how poorly our city enforces ordinances. The last time I ventured into the area behind Hart Pool there were anUlllber of spas and other pool equipment being stored (they appeared to not be in working condition) which can and.do collect water to breed mosquitos. . Approving this use will add no taxable -value for the city and detract from the homes and businesses in the area. This section ofColleyville Blvd. istheannpit ofColleyville currently, additional unattractive and inconsistent U$es of the properties ShouldIlot be allowed. . Our back yard is virtually unusable during the summer due to mosquitos which I believe originate from the unkept areas behind the businesses along Colleyville Blvd. directly behind my home. Why do I belie-ve this? Because the mosquitos are substantially reduce<l ittthe front yard and e-veIl more significantly reduced a few hundred feet away from these properties. The mosquito problem persists even with regular fogging of my yard. . . . In November 2003 the City Council approved a rezoning for Hodges Automotive over the P&Z Commission's rejection. As I stated before the vote several times the City of Colleyville does not enforce the city ordinances. There has not been a day since the rezoning that Hodges Automotive has been in compliance with the zoning and efforts to get the city to enforce the ordinance are met with weak attempts to enforce them and slaps on the wrist. Current and on..going violations are: Parking Motor homes in areas not approved, storage of junk vehicles, high grass and weeds. Why do we think the city would enforce another special use permit at Hart Pools? I believe we should get city officials who will enforce our current ordinances to protect the mO$! significant tax base in Colleyville the home owners. We look forward to the day when Colleyville Blvd. has been widened and new commercial development can be approved near our home that will enhance the Colleyville tax base and home values. Regards, Jim Graham 6616 McMakin Court Regards, Jim Graham RECEIVED APR 2 4 2006 Per ............. ... 4/24/2006 ORDINANCE 0-06-1572 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW OUTSIDE STORAGE OF RECREATIONAL VEHICLES AND BOATS ON 0.877 ACRES IN THE A. J. LOTT SURVEY, ABSTRACT 963, LOCATED AT 6617 COLLEYVILLE BOULEVARD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Neil and Sherrie Hart on March 24, 2006, under Case No. Z-06-007; 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, WHEREAS, WHEREAS, 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 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 the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and 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 0-06-1572 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 authorizing a Special Use Permit to allow outside storage of recreational vehicles and boats on the premises on an 0.877 acre tract in the A. J. Lott Survey, Abstract 963, located at 6617 Colleyville Boulevard, as shown on the attached zoning location map attached as. Exhibit "A" and described by metes and bounds as shown on the attached Exhibit "B". The site layout shall be generally consistent with the attached Exhibit "C". The Special Use Permit shall be subject to the following conditions: 1. The repair, servicing and sales of recreational vehicles and boats shall be prohibited. 2. The outdoor storage business hours of operation will be limited to 7:00 a.m. to 8:00 p.m. 3. All recreational vehicle and boat storage will be located on the east side of the property. 4. No permanent structures, including covered parking or storage structures, will be erected on the site. 5. The maximum combined number of recreational vehicles and boats on the site will not exceed 25. 6. The pavement for the parking area shall be constructed of concrete or asphalt in accordance with the Land Development Code. 7. The existing eight (8) foot fence adjacent to Ross Downs Addition be required as a permanent screening device. If the existing eight (8) foot fence is not located on the subject property, the applicant shall be required to construct an eight (8) foot opaque, wood fence in the event the existing fence is removed. 8. The portion of the perimeter fence located along the southern property line be eight (8) feet tall, per the Land Development Code. 9. A landscape setback along the eastern property line in compliance with the Land Development Code. 1 O. A drainage analysis will be required prior to the release of a grading permit for construction of the parking lot. 11. Proper access be provided in accordance with the International Fire Code. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-06-1572 Page 3 of 4 12. Black or gray water dump stations shall be prohibited on the site. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor Ordinance 0-06-1572 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT A - ZONING AND LOCATION MAP "SON pKW EXHIBIT B - METES AND BOUNDS DESCRIPTION LEGAL .DESCRIPTlON BEING aU that. cortaln tract, parcel, or lot of land located In the A. J. LOll SURVEY, Abstract No. 963, Tgrront County, Texas, and being ttuttract of Ignd described In Volurrie 4172, Pope 106, ' of theO~d Records, Tarrant County, Toxas (DRTCT), a portion. of :the tract of lal'ld described In Volume 3967, Page 50, DRTCT, and a portion of the, Old Ft. Worth and Grapevine Road abandoned by Tarrant County Comml..f~.1'8 Court, Order No. 8448, September 28, 1936, recorded, tn Volume, 32, Page 637, Minute. of the Tarrant County , Commls.lonel'8 Court, and more particularly described. al follows: BEGINNING at a 1 It' Iron. rod found In the southeast line of Colleyvllle Boulevard for the most westerly southwest comer of Lot , R2, Block 1, WEST INDUSTRIAl. ADDITION to the City of Colleyvllte, Tarrant County. Texas, according to the plat thereof recorded in .Cablnet A. Slide 720, ,of the Plat Records, Tarrant County, Texas (PRTCT): THENCE S 68"57'00", E, , 05.20 feet along the southwest line of sold Lot 1 ~2 to a 1 It' iron rOd found: ' THENCE THENCE' THENCE THENCE' THENCE. THENCE THE}'<ICE THENCE THENCE' ' THENCE N 8759'21," E, 212.17 feet along' the south line of sold Lot 1 R2 ,c:ind. Lot 1 R1 of the afores~id Block 1. to a 1 It' Iron rod" found In concrete: ' S 28"26'l-r W. 1.05 feet olong sold south line of Lot lRt to a lIt' Iron rod found: N 8740'13" E, 55.26 feet along the' south line of sold Lot 1 R' and ,Lot , R3 of the aforeeald Block 1 to a 1/t' Iron rod found .for the west comer of the tract of land described In 'Volume 8331. Page 379: S 69"01'4<<' E, B.l0 feet to a lIt' Iron rod found for the south comer of sold tract of land described In Volume 8331,.Pago 379: N 53" 15'00" E, 5.67 f.et to a 111' iron rod found in the 'aforesaid. eauth line of Lot 1 RJ for the east corner of said, tract of land desc~ibed in Volume 8331, Page 379: ' ~ R~7 4~~1 ~~ 1~t'2~1(~_~:dt f~~~~ }::d.th~U~~d~:e,s~f c';~er, of Ro..Oowns Estat.s II, anClddllion to the "{:lty 0'------- CoUeyville, Tarrant County, Texas; according to the plot thereof recorded In Cabinet A. Slide 799, PRTCT: S 02"04'24"'~ 57.90 feot along the west line of said ROI. Downs ~tates \I to a 1 IT Iron rod found: . . , S 8755'36" W. 66.82 feet to a ,. pipe ~n concrete found: '; N J8"11'~9'" W, 15.89 fe.t to a 1/t' Iron rod found; S 51.48'51~ W, 260.25 feet to 0 1/"L' Iron rod found bent, ancl r.placed ,with a railroad spike set In asphalt: EXHIBIT B - METES AND BOUNDS DESCRIPTION (cont'd) N 61'52'23" W, 25.05 feet to on Iron rod found with a plastic cop stomped "JOZ #249cf for the south comer of. the. tract. of land described in Volumo' 9302, Pogo 1566, 'ORTCT; '.'THENCE N 51'48'51"E, 110.46 feet to on Iron rod found with a. plastic cap stomped "JOZ 1249cf for the east comer of sold' tract.; of. land described in Volume. 9302, Page 1566; .:;~ENCE N 61'57'36" W, 139.94 foet to an Iron. rod found with a :;;:""''':: i,:..,......j.~...,.: '" "._<~ ...,' 'Ci...:.,";s.~.,..J '."'411'1.-'-" fi14'tO.....'for.G~e-.. .p"Ot...t'-..'fk .... '-"~' said tract of land doscribed In Volume 9302, Pogo 1566; THENCE S 87'56'04'" W, 108.18 foet to on Iron rod found with 0 plastic cop stamped" JDZ #2490" for the northwest comer of' said tract of land described In' Volume 9302, Poge 1566,. said iron rod being in the aforesaid southeQst line of Colleyvllle Boulevard: ' THENCE THENCE N 26'41'09" E, 105.60 foot along said southeast line of Colleyville Boulevard to the POINT OF 'BEGINNING, containing 0.877 acros (38,216 square feet) of land, more or IOS8. -,...,"."-~,,, ....-"~~_.'----~.. ~ ~--~.~ ~ }t ! ~ 'Ill ! 1,0\ ~ EXHIBIT C - SITE LAYOUT ~ I I :-: iii ... f - 2': I ~ ac:~..! ..., -' - .... t: ... ~ !l Ii - ~ ~ Itl \---~ -. ( --=;~ 'lll ...... ~ ~~ =~ .'" l ~ 'Ql l ~ i \L I. y i: f.: ~ i4t \ ~---.~. \ ............. " ~-v -.. ........... ~ "'- -, ......... 1t..l ........., .-..0 '-~ -!a. t, '-'------.-.~~ ~i ~~ i 'II: ~c ~! ~~ ~. :r 'Q .( -< <: 0f)'~ ~.::. >q ~~.;> ~ . ~'".,.~_.._-~"_.~..__."-~-_._~.=.._,_._-- SPEAKER CARD Date: I wish to address the City Council on the following subject: ~~ttP-f~~~ ~ Sbo~~~/no -00& Agenda Item Number: [) - tJ In - ) c5 73 Name:.-C J\ a.t' \[\t-}e <;4t\.Aer c:. Address: ..5-5 City: c..Q \ \ e y v ~ )\ e . Telephone No. I represent: ~e \~ - C ho.C')o+-te .sn(\~er c::. organization/self I understand that I am limited to five minutes and on Items that are not designated as Public Hearings, the City Council must "suspend the rules" In order to hear public comments or questions. Signed L.....n... ~ This information is a Public Record SPEAKER CARD Date: I wish to address the City Council on the following subject: ZOh/U) r ;;&'1- "'L.- o T klJ' /11- + cA ~ M!cIwc'~ ~ J ---.jS7;:S 1ibb Agenda Item Number: C).--, CJ b Name~~~ Address: ~tJO J.r~ . TelePhone/!:r17'--~ JJ-cfr~F City: IX I represent: JJk, av4~ ~ an~self I understand that I am limited to five minutes and on Items that are not designated as Public Hearings, ~Clty Council must "suspend the rules" In order to hear public comments que lions. @ ~ Signed d- ~ .-, This information is a Public Record SPEAKER CARD Date: ~ .;2.001.0 I wish to address the City Council on the following subject: WI LPt.N()() 0 E .. -ICy-r€. <: pu Oll.. ~ 1-1<111 Jj I ::..D :..- ~,., 1 ~. "'-,.;:.. - Agenda Item Number: ~b o - O~- ..5 - Name: SE/~N Lv CAl<-. T Address: ;2:50 ~-t D- City: Coll~yvl tiE . Telephone No tL l I represent: -SSLF- - organization/self I understand that I am limited to five minutes and on Items that are not designated as Public Hearings, the City Council must "suspend the rules" In order to hear public comments or questions. Signed ---,.,-~ Record SPEAKER CARD Date: S ll,( j) c.,., I wish to address the City Council on the following subject: "hi ~ --ot:. ~ I r:;,3 Agenda Item Number: Name: r.,.-zp,N lL 'rl;\/ Address: ~o IL~';.rc,..,.; Lf" - 1< . Telephone No. s-I '7 <- &fJ r;- ,J., ~ 7 f1 City: Cf; C-Lc~ r/;:j/-L I represent: organization/self I understand that I am limited to five minutes and on Items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed ~/V This Information Is a Public Record Agenda Item 6b Copies of documents received after the agenda was prepared. May 7, 2006 Chris Fuller, Development Coordinator 100 Main Street Colleyville, TX 76034 To Whom It May Concern: I would like to object to the request to rezone the property at 5604 & 5700 Pool Road, which is located behind the subdivision I live in, Oak Creek Estates. My property is located at 5508 Winding Trail, Colleyville, TX. I would like to object to the re-zoning request, due to I feel this would lower the value of my home property. Please feel free to contact me at any of the following numbers if you have any questions. Home # Work # Mobile # 817.283.2425 972.870.6445 817.266.5554 Sincerely, ~~ Charlotte Sanders ~~, RECEIVED MAY 1 5 2006 Per .............. Austin Campbell & Associates, P. C. Attorneys At Law Austin B. Campbellt Hon R. Colin Campbell* .Licensed in New York Only fA/so Licensed in Ohio, Colorado and North Carolina May 7. 2006 Hon. Mayor and City Council of Colleyville 100 Main Street Colleyville, Texas 76034 RE: Zoning case No. Z-06-008 Lots 1A and 2, Wildwood Estates Addition. Dear Mayor and Councilmen: I am representing Mrs. Billy Joyce Sanders who is the owner of Lots 3 and 4 ofthe Wildwood Estates Addition in Colleyville. Mrs. Sanders is opposed to the rezoning of the lots adjoining her property and says in support of her position: 1. Mrs. Sanders is the owner of the two largest lots in this subdivision. Lot 3 is the largest single property immediately adjoining the proposed re-zoning and development, and as such is the most significantly affected property owner by the proposed re-zoning and planned construction of a senior care facility. 2. The two lots owned by Mrs. Sanders represent a total acreage larger than six acres, resulting in the ownership of more than six acres, or approximately 40% of the total acreage of the original Wildwood Estates Addition. 3. The Dedications and Restrictions filed with the platting of the Wildwood Estates subdivision establish the properties as single-family residences with minimum square footage, and other provisions designed to keep the area desirable to the owners. No lots may be sub-divided, except for the largest lot, No.4, containing 4 acres. The restrictions may not be changed except under the following conditions as specified: a. They may not be changed at all for the first 25 years. Thereafter, they are automatically extended for ten year periods, except that within one year of the expiration of any ten year period the owners of more than 50% of the lots in the addition may provide for "release or modification." These restrictions were filled in 1982, thus by interpretation no changes can be effected until 25 plus 10 years, or ill this case, 2017. 2225 E. Randol Mill Rd. Suite 402 Arlington. Texas 76011 (817) 649-8306 (800) 955-2889 Page 2. b. Any changes must still be approved by more than 50% ofthe lot owners The general rule of case law in Texas has consistently held that restrictive covenants that run with the land are generally enforceable against any changes by persons or entities seeking to change the covenants without following the prescribed procedures established in the original covenants. I include herein a list of Texas appellate decisions that clearly uphold this principle. The clear and stated intent of the covenants that were recorded with Wildwood Estates is to keep these lots a prescribed minimum size without subdivision, and to keep them all residential for a time not less than 35 years. In this instance that prescribed time has not passed, nor has the prescribed procedure been invoked. For the foresated reasons, and in compliance with the established law of Texas, we respectfully request the Council deny the application for zoning changes herein. Austin B. Campbell Attorney at Law / Display Cite List Page Page 1 of7 Results: 20 Documents '=El.. QUICK a ~ PRINT g PRINT [;ZJ EMAIL '::II OTHER ResultsPlu5"'" About Add Related Terms: leqitimacy ~ lawfulness homes non-commercial non-industrial act conveyance instrument title promise stipulation aqreement provision [Select all] r SE LE CT TO PR IN T, EM AIL, ETC. F H 1. Nelson v. Flache, 487 S.W.2d 843, Tex.Civ.App.-Amarillo, November 13,1972 .. ,residential covenants in dedication deed against their lots had been released by all property owners within addition to allow lots to be used for commercial purposes and releases were matter of public record, purchasers did not have standing to enforce residential restrictions against remaining lots in addition. Affirmed. West Headnotes [1] Covenants 108 73 108 Covenants 108I! Construction and Operation 108II(D) Covenants Running with the Land 108 k72 Release or Discharge from Liability on Real Covenants 108 k73 k. Agreement of Parties. One owner in a restricted subdivision cannot modify the restrictions applicable to that subdivision without the concurrence of all the property owners within the addition. [2] Covenants 108 73 108 Covenants 108I! Construction and Operation 108I!(D) Covenants Running with the Land 108 k72 Release or Discharge from Liability on Real Covenants 108 k73 k. Agreement of Parties.. .. F H 2. Alexander Schroeder Lumber Co. v. Corona, 288 SW.2d 829, Tex.Civ.App.-Galveston, March 15, 1956 ...Deeds 120III Construction and Operation 120III(A) General Rules of Construction 120 k90 k. Application to Deeds in General. Rule of strict construction against grantor is but a canon of construction and is subordinate to requirement that every part of deed should be harmonized and given effect where possible so as to effectuate intention of parties. [6] Covenants 108 51(2) 108 Covenants 108I! Construction and Operation 108I!(C) Covenants as to Use of Real Property 108 k51 Buildings or Other Structures or Improvements 108 k51(2) k. Buildings in General. Properly construed, covenant did not merely prohibit erection of structures for any purposes other than residential but restricted land itself to residential use. [7] Covenants 108 103(1) 108 Covenants 108III Performance or Breach 108 k103 Covenants as to Use of Property 108 k103(1) k. In General. (Formerly 108k3(1)) A continuous, seven-foot high, board... _"-,<'>'''''''''....-_____'''''''<<''W_'''.._.,,__..w...,.___.'''''''''_....<'_____ P' H 3. Pearson v. Fort Worth Nat. Bank, 564 SW.2d 175, Tex.Civ.App.-Fort Worth, March 16, 1978 ...deed restrictions purporting to limit use of property for remaining 16 years of original 25-year period and zoning ordinances affecting property and where purchaser, with full knowledge of facts, decided to buy property and attempt to have deed restriction declared null and void, deed restriction, being reasonable in time, was valid, and purchaser was not entitled to relief sought. Affirmed. West Headnotes [1] Covenants 108 1 108 Covenants 1081 Requisites and Validitv Texas Practice 1. Texas Instruments of Conveyance, Covenants. Conditions and Warranty of Title, Introduction to Covenants. Conditions and Warranty of Title Texas Practice 2. Texas Instruments of Conveyance, Deeds to Texas Lands, Texas Recognizes Manv Forms of Conveyance I nstru ments-Forma lities Not Essential to Validity of Deed Texas Practice 3. Wills, Will Construction, Gift to Estate of Deceased Beneficiary Texas Ju risprudence: Conflict of Laws 4. Contract Riqhts. Other Particular Matters, Effect of Public Policv Texas Jurisprudence: Insurance Contracts and Coverage 5. Contract or Policy. Law Governing Insurance Contract. Effect of Statute .. Texas Jurisprudence: Monopolies and Restraints of Trade 6. Covenants Not to Compete. In General. Generally Texas Brief 7. In re AUTONATION. INC.... http://web2.westlaw.com/result/displaycitelist.aspx?clvl= RCC&mt= LawSchoolPractitione... 4/21/2006 _.......~..-..~-"><,-~._,...~y--""-,.~.............~-",.., ,-,.........,.""'.""--....,....,,~-~~.-. Display Cite List Page 108I(A) Express Covenants 108 k1 k. Nature and Essentials in General. Restrictions which amount to prohibition of use of real property granted are void. [2] Covenants 108 1 108 Covenants 1081 Requisites and Validitv 108I(A) Express Covenants 108 k1 k. Nature and Essentials in General. Even assuming that combined effect of city ordinances and deed restrictions contained in purchaser's chain of title would prevent purchaser's use of... Page 2 of7 Appellate Petition, Motion... ...At stake here is whether a Texas resident can leave one Texas job to [join or] start a competing Texas business... 2005 ,---,--,.--"_.__.-'~-_..-.._-"-_.,.~._.~_.__._---~_._-,--.-- Supreme Court of Texas. Click for Free Summary r P 4. Village of Pheasant Run Homeowners Ass'n, Inc. v. Kastor, 47 SW.3d 747. Tex.App.-Hous. (14 Ois1.), May 10, 2001 ...Covenants 108II Construction and Operation 108II(C) Covenants as to Use of Real Property 108 k49 k. Nature and Operation in General. Meaning of the words used must be determined as of the date the restrictive covenant was written, not as of the date it is being enforced. [10] Covenants 10849 108 Covenants 108II Construction and Operation 108II(C) Covenants as to Use of Real Property 108 k49 k. Nature and Operation in General. If there are ambiguities in the restrictive covenant, the circumstances and conditions surrounding the parties and the property must also be considered, together with the clear goals of the restrictive grant, so that the intent of the parties governs. [11] Covenants 10849 108 Covenants 108II Construction and Operation 108II(C) Covenants as to Use of Real Property 108 k49 k. Nature and Operation in General. If there is no... p" H s. Hicks v. Loveless, 714 SW.2d 30, Tex.App.-Oallas, May 07, 1986 ...Covenants 1081 Requisites and Validitv 108I(A) Express Covenants 108 k1 k. Nature and Essentials in General. Restrictive covenants will be enforced when the restrictions are for a lawful purpose and the language employed is clear. [7] Covenants 10849 108 Covenants 108II Construction and Operation 108II(C) Covenants as to Use of Real Property 108 k49 k. Nature and Operation in General. Deed restriction should be construed according to the ordinary and commonly accepted meaning of the words used in the restriction and in light of the obvious purpose and intent of the restriction. [8] Covenants 108 49 108 Covenants 108II Construction and Operation 108II(C) Covenants as to Use of Real Property 108 k49 k. Nature and Operation in General. Deed restriction prohibiting "business or commercial pursuits, whether retail or wholesale" applied to and prohibited activities of defendant, who operated a... r C 6. Hunter v. Pillers, 464 S.W.2d 939, Tex.Civ.App.-Beaumont, February 11, 1971 .. .covenants in deed which prevented grantee from using the property for other than residential purposes. The Court of Civil Appeals, Keith, J., held that where appraised value of grantee's land as residential property was reduced from $52,800 to $7,800 by construction of interstate highway adjacent to the land, and grantee had sale for property, contingent upon cancellation of covenant in deed requiring land to be used as residential property, at $85,000, changes in area Texas Brief 8. Lucy VILLACROMZ, Individually... Appellate Brief ...In every instance, Rockwood is making a contract with a Texas resident for work in Texas... 2005 Court of Appeals of Texas, Corpus Christi. Click for Free Summary Am.Jur.2d: Covenants, Conditions, and Restrictions 9. Discharqe and Extinquishment, In General. Effect of Zoninq Laws or Other Legislation Am.Jur.2d: Covenants, Conditions, and Restrictions 10. Application of Restrictions to Particular Structures, Businesses, Uses, and Activities, In General. Riqhts of Way Key Number modify 11. COVENANTS {,,';;oRelease or discharqe from liability on real covenants> In general Key Number modify 12. COVENANTS 'v-"'Covenants as to use of propertv > In qeneral http://web2.westlaw.com/result/ displayci telist. aspx?cl vl= RCC&mt= LawSchoolPracti tione... 4/21/2006 .~-"--~._--_..._...,.._..__.. "~.~-" .--.",.,.,.~."",,,,,-_._---,,,,~.,....."- Display Cite List Page Page 4 of7 k71 1 k. In General. (Formerly 414k71) City had power to adopt a zoning ordinance limiting use of property to residential purposes only notwithstanding that owners of property could have used same for any lawful purpose had there been no restrictive covenants on property. [2] Zoning and Planning 414 231 414 Zoning and Planning 414V Construction, Operation and Effect 414V(A) In General 414 k231 k. Construction of Regulations in General. A city cannot... ,..,.,w,...,"...,_......,"'_,_~""'''''__'''''''_.".,'y...._..,~'"''''"._._''_....,.,,__'^""<w_.._....,-,""'_->>.<<w_."""><_,,~w.........."""w_---._---,._........,""'......--..."-"'~-----."""","'. r H 10. Keith v. Sevmour, 335 S.W2d 862, Tex.Civ.App.-Houston, May 19, 1960 .. .Covenants 108I! Construction and Operation 108I!(D) Covenants Running with the Land 108 k72 Release or Discharge from Liability on Real Covenants 108 k72 1 k. In General. (Formerly 108k72) Covenants 108 77.1 108 Covenants 108I! Construction and Operation 108I!(D) Covenants Running with the Land 108 k77 Persons Entitled to Enforce Real Covenants 108 k77 1 k. In General. (Formerly 108k77) Even if a resolution recorded by owner of a subdivision could be construed as adopting a general plan or scheme for restricting use of the property to residential purposes, in view of fact resolution imposing the restrictions provided that owner before sale of any lot could release it from restrictions, and in view of fact deeds to such property indicated no general plan or scheme for restricting such property was effectively established and carried out, restrictions would not be deemed imposed on... r P 11. Pardo v. Southampton Civic Club, 239 S.W2d 141, Tex.Civ.App.-Galveston, April 19, 1951 .. .Covenants 108I! Construction and Operation 108I!(C) Covenants as to Use of Real Property 108 k49 k. Nature and Operation in General. Where trust deed to addition to city, which was incorporated by reference in deeds to various lots, specified that plan was to subdivide area as high class and exclusive residential and business community and that no property in area should be used for certain businesses and that no property should be used for business of any kind except such portion as might be designated for that purpose in deed permitting same, intention manifested by deed of trust was that property in addition which was reserved for residential use should be used for that purpose exclusively and that property reserved for business uses should be used exclusively for that purpose. [5] Injunction 21262(3) 212 Injunction 212I! Subjects of Protection and Relief... r H 12. Meyerland Community Imp. Ass'n v. Temple, 700 S.W2d 263, Tex.App.-Hous. (1 Dist.), October 24, 1985 .. .covenants affecting section four did not have to be consistent with general plan of development for Single-family residential use under which entire development was established and maintained; (2) intent of parties to amended deed restrictions of section four was that deed restrictions could be amended at any time to change use of property to other than residential single family use; and (3) there was sufficient evidence to support jury finding that there was a change of conditions http://web2.westlaw.com/result/ displaycitelist.aspx?clvl=RCC&mt=LawSchoolPractitione... 4/21/2006 _M,--.......--..-.----~__._..~_.~-..._._.,.~"""'",'~~ Display Cite List Page Page 5 of7 affecting property in section four such that it was no longer possible to secure the benefits for which restrictive covenants were originally intended. Affirmed. West Headnotes [1] Covenants 108 73 108 Covenants 108H Construction and Operation 108n(D) Covenants Running with the Land 108 k72 Release or Discharge from Liability on Real Covenants 108 k73 k. Agreement of Parties. Where original restrictive covenants filed... <v""",,,,-,,,,,~,,~,'>>A>"'_"''''''''_~^''''''''''''''''''''V__''''_''"';'.-..,.,,,__,_,,,v.-.w..H_,_-...-=,.".M~'",","""~~''''''''; ",,,,~,.,,",--,,,.,,,,,,,.-.._.,,-<.,-,,,,,,_....,,,",,------,,,,.,,.,.--,,,,._-"""_.."",, r P 13. Tanglewood Homes Ass'n, Inc. v. Henke, 728 S.W.2d 39, Tex.App.-Hous. (1 Dist.), January 22, 1987 .. .Covenants as to Use of Premises. Finding in homeowners association's action for injunction that subdivision was established and had been maintained pursuant to general plan or scheme of development for single family residential use was supported by testimony that restrictive covenants were included in all deeds from developers to all initial purchasers in subdivision, and by party's admission that he knew of existence of deed restriction in subdivision. [14] Covenants 108 1 108 Covenants 1081 Requisites and Validitv 108I(A) Express Covenants 108 k1 k. Nature and Essentials in General. Deed restrictions in subdivision were not void for failure to adequately notify homeowners of criteria upon which plans would be approved or rejected by homeowners association, where plans submitted by homeowners were rejected by association because proposed improvements violated deed... r. H 14. Davis v. Citv of Houston, 869 S.w.2d 493, Tex.App.-Hous. (1 Dist.), November 24,1993 ...Texas, Houston (1st Dist.). Dolly DAVIS, Appellant, v. CITY OF HOUSTON, Appellee. No. 01-93-00063-CV. Nov. 24, 1993. Rehearing Denied Jan. 6, 1994. City sued operator of commercial hair salon, seeking to enforce deed restriction providing that no structure could be erected or permitted to remain on lot other than dwelling or buildings incidental to residential use. The 281st District Court, Harris County, Louis M. Moore, J., entered judgment for city. Operator appealed. The Court of Appeals, Andell , J., held that: (1) "dwelling" meant residential use, and (2) hair salon operator was in violation of deed restrictions. Affirmed. West Headnotes [1] Deeds 120 110 120 Deeds 120m Construction and Operation 120IH(A) General Rules of Construction 120 kllO k. Questions for Jury. Construction of unambiguous deeds is question of law for court. [2] Covenants 108 51 (2) 108 Covenants... ,.,""_:.-~"'....---<,<,,"'~--""~,----=...- r P 15. Morton v. Savles, 304 S.W.2d 759, Tex.Civ.App.-Eastland, June 14, 1957 ...covenant restricting land to residential use, no genuine issue of fact was raised for the determination of the court, so that plaintiffs were entitled to summary judgment and injunctive relief prayed for. Affirmed. West Headnotes [1] Covenants 108 69(1) 108 Covenants 108n Construction and Operation 108H(D) Covenants Running with the Land 108 k69 Covenants as to Use of Property 108 k69(1) k. In http://web2.westlaw.com/result/ displaycitelist.aspx?clvl=RCC&mt=LawSchoolPractitione... 4/21/2006 _~______,u_..~"~."'"___, ___...............,_"_ Display Cite List Page Page 60t7 General. Restriction limiting property to residential use only, contained in deed to defendants' predecessor in title and embodied in agreement thereafter adopted by all owners of lots in addition involved, including defendants' predecessor in title, was a covenant running with the land. [2] Covenants 10871 108 Covenants 108II Construction and Operation 108II(D) Covenants Running with the Land 108 k71 k. Duration of Real Covenants. Restrictive covenant in deed which limited use of property... r H 16. Truong v. Citv of Houston, 99 SW.3d 204, Tex.App.-Hous. (1 Dist.), December 19, 2002 ...residential-use-only deed restriction, from any commercial activity on their property. The 164th District Court, Harris County, Martha Hill Jamison, J., granted city's motion for summary judgment. Owners appealed. The Court .of Appeals, Sherry Radack , J., held that: (1) enforcement of residential-use-only deed restrictions by city was governmental function, rather than proprietary function; (2) exception to general rule that estoppel does not apply against a unit of government in the exercise of public or governmental functions did not apply; (3) city offered deed restrictions as part of its summary judgment proof; and (4) property owners failed to preserve argument that summary judgment was in error. Affirmed. West Headnotes [1] Injunction 212 62(1) 212 Injunction 212II Subjects of Protection and Relief 212II(C) Contracts 212 k62 Covenants as to Use of Premises 212 k62(1) k. In General. Enforcement of residential-use-only deed... r P17. Green v. Gerner, 283 S.W. 615, Tex.Civ.App.-Galveston, March 25,1926 ...covenants in deeds which deprive the owner of the free use of his property should be strictly construed against the maker of the deed, and that, when so construed, the restrictive covenants in appellants' deed do not prohibit the construction of an apartment building of the kind appellants are undertaking to erect. This contention is based on the theory that, because the appellants' apartment building is for residential purposes only, and is but one building, it is not obnoxious to the provision in the deed... r P1S. Samms v. Autumn Run Communitv Improvement Ass'n, Inc., 23 S.W.3d 398, Tex.App.-Hous. (1 Dist.), February 17, 2000 ...Covenants 108II Construction and Operation 108II(D) Covenants Running with the Land 108 k68 k. Covenants Imposing Burdens in General. Homeowner subdivision board's annual increases in maintenance fees was within scope of power it was granted in specific deed restriction, and thus board was not required to amend restriction using procedures applicable to general amendments of restrictions with unspecified amendment procedures, though initial assessment of $144 was never amended in deed restriction to indicate increases over years, where deed restriction clearly showed that board had right to change the $144 assessment. [3] Covenants 108 49 108 Covenants 108II Construction and Operation 108II(C) Covenants as to Use of http://web2.westlaw.com/result/ disp1aycitelist.aspx?c1 v 1= RCC&mt= LawSchoo1Practitione... 4/21/2006 Display Cite List Page Page 7 of7 Real Property 108 k49 k. Nature and Operation in General. One purpose of deed restrictions is protection of property values. [4] Covenants 108 49 108 Covenants 108II Construction and Operation 108II(C) Covenants as... r P 19. J.P. Bldg. Enterprises, Inc. v. Timberwood Development Co., 71 B S.w.2d 841, Tex.App.-Corpus Christi, October 02, 1986 .. .deed restrictive covenant did not prohibit subdivision of two tracts of land, injunction, and money damages, after grantors-developers notified purchasers that subdivision of tracts was prohibited by deed restrictions. The 285th District Court, Bexar County, Fred Biery, J., entered judgment that deed restrictions precluded purchasers from subdividing tracts, and purchasers appealed. The Court of Appeals, Utter, J., held that: (1) restrictive covenant providing that all tracts should be used solely for residential purposes and that no building other than Single-family residence containing not less than 1,600 square feet should be erected or constructed was not ambiguous; (2) subdivision of tracts would not violate restrictive covenant so long as any building on subdivided land were used solely for residential purposes and were single family residence of requisite dimensions; and (3) finding as to intention of developer was improvidently made, where tria I... r "20. Oldfield v. Citv of Houston, 15 S.W.3d 219, Tex.App.-Hous. (14 Dist.), March 09, 2000 ...covenant." New Jerusalem, 598 S.W.2d at 669. The Texas Supreme Court has held that one of the waiver factors, the severity of the violation, may be of such magnitude so as to result in the waiver of a residential-only restriction. In Sharpstown Civic Association, Inc. v. Pickett, 679 S.W.2d 956 (Tex.1984) , the disputed property, which was subject to a residential-only deed restriction, abutted a two-lane residential ... ...--;--'" Clear all I Clear 1-20 "='fl1;.. QUICK Dl... 'J,;;;;;;) PRINT g PRINT g EMRIL ~ OTHER Coovriqht @ 2006, Thomson West. Help Customer Service: 1-800-915-WEST (1-800-915-9378) T....OMSON . WEST ~#., http://web2.westlaw.com/result/ displaycitelist.aspx?clvl=RCC&mt=LawSchoolPractitione... 4121/2006 __._~_____'~"~~.""''''''''''''''''.4.''' (J lbx~'; City of Colleyville Agenda Briefing 1 00 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1573 File Number: 0-06-1573 File Type: Ordinance Status: First Reading Controlling Body: City Council Final Action: File Name: Community Development Department Approval of a Zoning Change from RE-Residential Estate to PUDR-Planned Unit Development Residential on 4.15 acres on Lots 1 A and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case Z-06-008 Agenda Date: 05/16/06 Agenda No.: 6b Version: 1 Requester: Attachments: Zoning and Location Map' Site Plan . Screening Plan . List of Property Owners Notified . Information and Drawings from Applicant. Letters in Opposition to the Rezoning Request . Ordinance 0-06-1573 History of Legislative File Version: Date: Acting Body: Action Text: 1 1 05/16/06 06/06/06 Planning and Zoning Commission City Council City Council 1 04/24/06 Title Approval of a Zoning Change from RE-Residential Estate to PUDR-Planned Unit Development Residential on 4.15 acres on Lots 1A and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case Z-06-008 Explanation First Reading and Public Hearing GTF Design has submitted a request on behalf of Signature Senior Living, LLC, to change the zoning of 4.15-acres, located at 5604 and 5700 Pool Road from RE- Residential Estate to the PUDR - Planned Unit Development Residential zoning designation. The applicant is seeking a zoning change in order to develop the property for an assisted living facility. The Planning and Zoning Commission considered this request at the April 24, 2006 meeting and recommended approval by a unanimous vote. Six letters of opposition to the rezoning request have been received and copies of the letters are attached to this agenda briefing. The percentage of land area covered by the letters of opposition exceeds the minimum twenty percent threshold. A super majority vote of the City Council will be required to approve this rezoning request. Request. Rezone from RE-Residential Estate to PUDR-Planned Unit Development Residential. City of Colleyville Page 1 Printed on 5/11/2006 Agenda Briefing Continued (0-06-1573) Proposed Use. Upon approval of the rezoning request the developer proposes to develop the property for a 60 bed assisted living facility. Existing Conditions. The property is platted and currently vacant. In order to develop the property as proposed by the developer, approval of a subdivision replat will be required at a later date, upon approval of the rezoning request. Master Plan. The Land Development Code classifies assisted living facilities as a residential use. This rezoning request is consistent with the 2004-2025 Future Land Use Plan, which designates the subject property for future residential uses. Site Plan. The developer has provided a conceptual site plan, which will be incorporated into the PUDR ordinance for the subject property. A copy of the proposed site plan is attached to this agenda briefing. The applicant is proposing to construct a 42,080 square foot, single-story assisted living facility. The facility will include 28 units for assisted living residents and four units for memory care residents. The total number of residential units within the facility will be 32, with a total number of 60 beds. Staff recommends that the PUDR ordinance state the number of permanent residents within this facility may not exceed 60. The parking regulations for assisted living facilities require one space per each three beds or one space per individual sleeping unit, whichever is greater. The applicant is proposing 41 parking spaces. Fencing and Screening. Assisted living facilities are classified as multi-family residential uses. When adjacent to single family uses, the Land Development Code requires multi-family uses to provide screening along the side and rear property lines. The applicant is proposing an eight foot opaque, PVC perimeter fence along the west property line. Due to grade differences between the site and the adjacent property, a two foot retaining wall will be constructed. The eight foot perimeter fence will be constructed on top of the retaining wall, which will ensure that the eight feet of fence height is measured from the same grade as the existing homes. The applicant has provided an exhibit of the fence and the grade differential, which is attached to this agenda briefing. The applicant does not propose a fence along the southern property line, which is adjacent to property zoned for residential uses. The applicant has also proposed a twenty-eight foot landscape buffer between the western property line and the side of the proposed building. The site plan indicates twenty-four Eastern Red Cedar trees, placed on fifteen foot centers, will be planted within the landscape buffer between the western property line and the proposed building. The trees will be a minimum of eighteen feet tall. The developer intends to plant twenty-one additional trees along the northern, eastern and a portion of the southern boundary lines. The trees on the southern boundary will provide partial screening for the adjacent property to the south. The ordinance does not contain any required screening along the southern boundary line. City of Colleyvi/le Page 2 Printed on 5/11/2006 Agenda Briefing Continued (0-06-1573) Open Space. The PUDR regulations require a minimum twenty percent of the development be reserved for open space. The proposed development exceeds the open space requirement, with open spaces situated throughout the site. The proposed site plan shows 54.6 percent of the total development as open space. Residential Density. The Colleyville Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The proposed development of 32 residential units on this 4.16-acre property will produce a density of seven dwelling units per acre. However, the 1998 and 2004 Colleyville Master Plans both stated that densities higher that 1.8 units per acre would be acceptable in areas deemed consistent with sound land use planning principles, such as a transitional areas near major street intersections. Lot Sizes & Widths. The PUDR regulations require a minimum lot size of 13,000 square feet and a minimum lot width of 100 feet. However, there is a presumption that the minimum lot size and lot width required by the PUDR regulations are intended to apply to subdivisions platted for detached single-family developments. Upon approval of the rezoning request, the applicant will be required to replat the property into one lot, which will meet the minimum lot size, width and depth requirements. Sidewalks and Trails. There is an existing sidewalk located on this site along Hall Johnson Road and Pool Road. No additional permitter sidewalks are required. The developer will be responsible for replacing and/or repairing the sidewalks, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for the assisted living facility. Surrounding Properties. The surrounding properties are composed of a variety of land uses, including commercial on the east side of Pool Road, religious institutional uses on the north side of Hall Johnson Road and single-family residential to the west and south of the property. Development Trends. The development trend for this area consists of residential uses. Located to the east, and across Pool Road, is a converted grocery store. Parkland Dedication Fees. Parkland dedication fees are required of this project in accordance with Chapter 11 of the Land Development Code, since it is determined that the residential use of the proposed assisted living facility will generate additional facility demands on the Colleyville park system. The proposed facility will contain 60 beds, but in 32 separate units. Four of the units, containing 14 beds, will be used for memory care residents which leaves 28 units that will have areas for a refrigerator and a microwave. Meal preparation is not allowed by the facility operator and regular meals are made available in a central cafeteria in the facility. The amount of parkland dedication fees to be assessed to this project at time of subdivision plat approval is determined by applying the rough proportionality test dictated by state laws that regulate municipal exactions associated with development projects. These regulations state that the developer's portion of the costs for public improvements may not exceed the City of Colleyville Page 3 Printed on 5/11/2006 Agenda Briefing Continued (0-06-1573) amount that is roughly proportionate to the projected impact of the proposed development. In making the rough proportionality determination for the assisted living facility, staff considered the following factors-- average household size in Colleyville, according to the 2000 Census, is 3.06 persons per household and parkland dedication fees are $1,802 per residential unit. The proposed assisted living facility will contain 32 units with four units for memory care. The four memory care units are not considered in this calculation because they are not anticipated to have any impact on the Colleyville park system. By applying the average household size in Colleyville of 3.06 units per household to the remaining 28 units, the facility would have a residential dwelling unit equivalent of 9.15 dwelling units. The 9.15 dwelling unit equivalent multiplied times $1,802 per unit equals $16, 488.30 for parkland dedication fees for this project. Tree Preservation. At time of site plan approval, a tree replacement plan will be necessary for the non-exempt trees proposed for removal. A detailed tree survey of the property is required after final plat approval, upon application for a clearing and grading permit. A copy of the approved site plan should be overlaid onto the tree survey in order to show the size and type of existing trees on the lot. Trees within with rights-of- way and building pad are exempt from the tree mitigation requirements and do not have to be shown on the survey. A table will be provided on the exhibit which lists the size, per caliper inches, and type of trees on the lot. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the site. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed by the Colleyville Engineering Department. Construction plans for drainage improvements will be submitted as part of the platting process. Access. The development will have access from both Hall Johnson Road and Pool Road. Fire Department Comments. The Fire Department has recommended the assisted living facility install two Automatic External Defibrillators in locations determined by the Fire Chief. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Assisted living facilities are expected to generate 2.15 trips per day, per residential unity, on average. Based on this average, the 60 proposed beds would add 129 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to sixteen adjacent property owners regarding this request. Notice was published in the Fort Worth Star- Telegram as required by state law and City of Colleyville Page 4 Printed on 5/11/2006 Agenda Briefing Continued (0-06-1573) the Land Development Code. Six letters in opposition have been received and are attached to this agenda briefing. The percent of land within 200-feet of the property that is owned by property owners in opposition to the request is 38.5 percent, which triggers the super- majority requirement at City Council. Super Majority Vote Required. According to the Land Development Code, a super majority vote by the City Council is required to approve this rezoning request. The following is an excerpt from the Land Development Code, Section 1.18-8.8, regarding the receipt of a written petition in opposition to a rezoning request: ".. ..in case of a protest against such change, signed by the owners of twenty ( 20) percent or more of either the area of lots or land included in such proposed change, or lots or land immediately adjoining same and extending two hundred (200) feet therefrom, filed with the City Secretary, shall be passed except by a favorable vote of three-fourths (3/4) of all members of the City Council. In computing the percentage of land area, the area of streets and alleys shall be included in the computation. II Summary. While the proposed development may not be synonymous with single-family residential uses, it is in compliance with the 2004-2025 Future Land Use Plan. Staff feels the location of the development is ideal for this particular type of higher density residential development as the project is located at the major intersection of Hall Johnson Road and Pool Road, which are both considered improved roadways. The recommendation for approval is based upon what staff feels is an appropriate land use for the site, minimum traffic impact on Hall Johnson Road and Pool Road and adequate screening site design standards adjacent to existing residential uses. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this request at the April 24, 2006 meeting and recommended approval by a unanimous vote. Financial Impact There is no financial impact to the City of Colleyville associated with this request. Recommendation Approval, with the following conditions, which have been inserted into the draft ordinance: 1. The number of permanent residents within this facility may not exceed 60. 2. The trash enclosure will be constructed of an eight (8) foot brick wall with wood gates 3. Exterior lighting must be directional and may not measure more than 0.5-candles at the west property line. 4. An eight (8) foot opaque, perimeter fence shall be constructed along the west property line, measured at the existing grade of the adjacent lot. The fence location and design shall be consistent with the fence exhibit attached to the ordinance. 5. A twenty-eight (28) foot landscape buffer shall be located between the western property line and the side of the proposed building. City of Colleyville Page 5 Printed on 5/11/2006 Agenda Briefing Continued (0-06-1573) 6. Twenty-four (24) Eastern Red Cedar trees, placed on fifteen (15) foot centers, shall be located within the landscape buffer between the western property line and the proposed building. The trees will be a minimum of eighteen (18) feet tall. 7. The exterior architectural elevations will be generally consistent with Exhibit "D" in the draft ordinance. 8. Hose cabinets shall be provided subject to review and approval by the Fire Chief. 9. The assisted living facility shall provide two Automatic External Defibrillators in locations determined by the Fire Chief. 10. At time of platting, this development will pay Parkland Dedication Fees equivalent to 9.15 residential dwelling units. City of Colleyville Page 6 Printed on 5/11/2006 Zoning and Location Map D NORTH AG I I I ;~ji'lll -~l ~l fi ~. 'I~ ~~ ~. Site Plan ~~ ~ . -~-rg"lr;:1,_,;r--= 1,,1 > i i I ,.....--.-- 11 \1 Ii \r,t ~: ! 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VJ ~ o ' ~ ~ I ~ I ~I '!I t I "\ 1 ~oo (J) ~_ ~ M~ VJVJ @~ ~~ q~ 9tj 0(") ~ g; (J) N 0: Signature Senior Living, LLC., applicant 106 Decker Court, Suite 200 Irving, TX 75062 Davis, Tom Etux Sarah 708 Colleyville Terrace Colleyville, TX 76034 Intfen, Christopher Etux Marga 5601 Winding Trail Colleyville, TX 76034 Pennington, David F Etux Marie 2516 Hall Johnson Road Colleyville, TX 76034 Thompson, Dwight E Etux Beth L 2503 Kings Ct. Colleyville, TX 76034 GTF Design Robert Kramer, applicant 8251 Bedford-Euless Road, Suite 250 North Richland Hills, TX 76180 List of Property Owners Notified Baca, Richard Jr Etux Patricia 4905 Behrens Colleyville, TX 76034 Bedford Christian Church 2600 Hall Johnson Road Colleyville, TX 76034 Diershaw, Kelvin Etux Deborah 5605 Winding Trail Colleyville, TX 76034 Gray, Travis P Etux Kathleen 5801 N Ballantrae Drive Colleyville, TX 76034 Lucart, Sean T Etux Linda A 2504 Kings Ct. Colleyville, TX 76034 Pearson, Patrick L & Celestine 2500 Kings Ct. Colleyville, TX 76034 Przano, Anthony P Etux D Dawan 2509 Ballantrae Drive Colleyville, TX 76034 Sanders, Billie Joyce 5500 Pool Road Colleyville, TX 76034 Yin, Hai-Kuang Etux Nanyi 2501 Kings Ct. Colleyville, TX 76034 Young, M Elizabeth 2502 Kings Ct. Colleyville, TX 76034 Information and Drawings from Applicant Signature Senior living, LLC (SSL) was fOf111ed by Steven Viek and Unda Martin. OUf home office Is located In Irving, Texas. At SSl, we have over 50 vears of experience In development, acquisition and management of senior Itvlng properties. We have individually and collectively developed an outstanding reputation for quality of care and sound fiscal management within the senior care Jndustry. Amongst our management team we have developed, owned, managed Ot" operated over 800 propertIes In more than 30 states. SSL has assembled a management team that is made up of experts from the Industry e.g., RN's, Ucensed NursIng Home AdmInistrators, CPA's, CMA's, MBA's, loss Prevention Specialists and Efficiency Experts. The relationships that we have established with their residents, famMes and start of their communities have helped to develop an outstanding reputation for our commitment to the qualit.y of life for their residents. Signature Senior Uvlng communities will offer a choice of assisted living end memory care apartments, with a variety of ftoor plans to choose from. The communities will proVide 60 total beds In 42 units of assisted living and 10 units of memory ClIre. Residents will have choices of 2 bedroom, Luxury and Deluxe one bedrooms and suites. We provkle two courtyards tor our residents, families and friends' use In this home-t1ke environment. At SSL, we believe In customer choice and working with each resident individually to design a care and services p,ftckage that meets their needs and wants. Each community offers a myriad of services and amenftles for each resident to ChOO5e: three nutritious meals served In the elegant djnlng room, a wetlness center, a beauty salon/barber shop, laundry facllttles, weekly scheduled housekeeping, arranged transportation, a stat.e of' the art emergency caU system, Internet cafe, Ice cream parlor, and creative lite enrichment and exercise programs. Slgneture Senior Uving believes that prOViding care to seniors Is truly a local business in your local community. We work closely with all community leaders to ensure that our services and business will benefit the local community, as well as our resJdents and their famifles. ~- Steven L. Vick CEO ~.t::~ President & COO ~ ,n /~d i , r ~ B 11- ! /' .. jf.~ '.I t. t_,; " L < ,~ n." ~ I I ". ~~ r~" .~; r'~. t ,I U ;.r.f I c.,l~ I "Ill '1.' ,'" I' 'I.'.... I ,I. .1 N~) . ."" J ,- II. "' I: f"- ..,f,P '1 " "I . :a, <:l< . t. , ~ ..~ ,.. ~~ ~ ' . . ~ ~~ . ~L 'f t ~~ ~~.. - ( ~I \I ?t, ~. ~ ~ \J ,. ..'~l'~ :~ ii 4 tl 'J. , IN I .... ~l ~ml1n ........."'............ ".01 r.. ..... .....-.._. It *11'_ ~~~~ A~llIfed UIJlIIg Md MRmOIY (1I", <:Q.ID\IIU,f, I1i 1:1 twtl....l~ ~: ~~ "f: '-j t...... . l' '" j, It .':0'" 1'- .1. I, fS j( it f!! 4t ?~ \~ M ~ "t1 'I. ;. r~ lJ ~l ~l ...."".."" 1.'....'..:., t-'" A :.~~ r2 . ~~, :~If: rl. ..; I. S1l ~lil'~. t.. .~ f c ......It..ul~. _ . . - . . ~ I , II I ~~ t t~ ~j~i~: ~!! ~ I. f{ !,l~ i7 ' !t', i kor'i:.l.i: ~",.":"IIIwP.': ~ ! ~ f~ 'r~ I~ '"i1 '1; U '"'II. :\,1 . \l ;:~ Jl4 .:. ,.,.u.:;u ll"C r. \~ c-,..t--;:-l.llJ1 r~ ~} ~ -~~.-i ~' ,; Ii ~I: ~ I'i ~: l~ -t. . ~ { {ti l~ ~H I ' 1$ $ I ' . .j J~ t ~ I . ~IIIID!::~~~ ~WU;~~ AllIls.ted Uvtng.and Mamocy ClIre Cau~IU.. Jl( Letters in Opposition to the Rezoning Request RE: Zoning Case Number: Z-06-008 Location: 5604 and 5700 Pool Road Property Description: Lots I A and 2, Block 1, Wildwood Estates Addition Planning and Zoning Commission, I am writing to express my disagreement with the proposed zoning change of case number Z-06-008. As a resident of 5801 North Ballantrae Drive Colleyville, Texas, I am hereby filing a written protest to the proposed zoning change. The proposed property is located within 200 feet of my residence and I strongly disagree with a Planned Unit Development in close proximity to my home. .. The additional traffic, activity, and lighting are undesirable elements to the quiet neighborhood that my family currently enjoys. It is important to me as a resident of Colleyville that the Planning and Zoning Commission protect and preserve the quality of life within the city. By maintaining a long-term disciplined approach to city planning we can prevent the likelihood of dealing with a vacant or marginally successful commercial property within a desirable neighborhood. Exit strategies for planned unit developments are rarely attractive for the city and neighborhoods left behind in their wake. Decisions to change the zoning and allow this type of development to be constructed are easily made but very difficult to reverse. This zoning change is simply not worth the risk to the city or the potential disturbances to the neighborhood. I strongly urge the Planning and Zoning Commission to reject the proposed zoning change of 5604 and 5700 Pool Road. Thank you for your attention to this matter. Sincerel ~/' :::;~r yo ./~ T; Patriek ray Executive Vice Pr . nt and Chief Operations Officer Till - The Independent Bankers Bank 972-650-6060 817-251-0689 To: The City Of Colleyville, Texas (planning and Zoning Commission) Date: April 17,2006 From: Anthony P. przano 2509 Ballantrae Drive Colleyville, Texas 76034 Home Office: 817 329 1398 RE: Zoning Case Number: Z-06-008 Location: 5604 and 5700 Pool Road Property Description: lots 1 A and 2, Block 1, Wildwood Estates Addition Planning and Zoning Commission, This letter is to inform you that I am strongly opposed to the requested zoning change referenced in case number Z-06-008. My family and I have lived at the above address for 9 years and in my opinion, a zoning change at the SW comer of Pool Road and Hall Johnson Road would result in another parking lot with increased traffic activity, the unattractive glow of night lighting and trash dumpsters. All of this would impact negatively on the surrounding homes. Managed properties have a place in our community but should not be allowed so near to our neighborhoods. The failed "Food Lion" grocery store building is a constant reminder of poor zoning decisions. Leaving the present zoning designation of "Residential Estate" would allow for single- family homes to fit positively along side the present quality neighborhoods that we now have. Residential housing would also have a positive impact on our property values helping them to remain strong in direct contrast to similar areas of the metroplex thus making Colleyville more attractive to new homebuyers. My family and I have already endured the widening of Hall Johnson Road and we have had to listen to the increased traffic noise ever since. We simply do not want any more distractions forced on us. Thank you for considering my request to not change the present zoning. ~/~ Anthony P. Przano RECE\\JE.O ~?R 1 ~ l\)\)b ."'..... yet ....... City of Colleyville Planning and Zoning Commission From: Mr. Sean T. Lucart Re: Proposed Signature Senior Living Facility April 24, 2006 Dear Councilmen and Commissioners: Regarding the property of 2504 Kings Ct. Colleyville as it relates to the Signature Senior Assisted Living facility at Hall-Johnson and Pool Rd's.. I am the homeowner of lot 23 at seen on the attached Plat Map. As is evident by the diagram, my home is directly impacted by the proposed development. Every foot of my backyard and 250+ ft. back fence-line is directly affected. The grade of my home sits approx. 4 ft. higher than the lowest part of my yard at the back fence giving me a broad view of the new building site. The Family room, Living room, Master bedroom and Bath all face directly East toward the site. The impact this facility will have on my property is paramount considering the other homeowners less affected! I feel this facility will decrease the value of my home by at least 8%. While I cannot equivocally prove this amount, neither can the owners of this facility prove otherwise. I purchased my home with the knowledge that the lots behind my home were zoned residential and would most probably remain so. My concerns are itemized below... ... ... ... ... ... ...... ......... ...... ... Decrease in my property value (owners stand to gain; I stand to lose money in the end) 24 hour Lighting issues from this facility. 24 hour Noise issues with Ambulence/ Paramedic to/from this facility Increased Traffic on Hall-Johnson Rd. and into this facility (ie. Car headlights shining in my windows through the night ) Inadequate Barrier between proposed facility and my property. Possible reduction of Water Pressure due to higher demands placed on the system by this facility. Privacy issues ( Pool area, Backyard area, 2nd story deck ). Construction Dirt and Noise for at least 6 months. Loss of Mature Trees currently hiding traffic and other structures. Track record of Signature's Management of existing facilities ( ie. Complaints and Law suits due to poor management thus leaving the facility bankrupt and unoccupied ). Proposed facility raising the existing grade higher rendering my existing 6 ft. fence even less effective as a barrier. My family has lived 10 years with a picturesque and tranquil view. If this property should remain residential and a home builder buys it; the new owners will be equally concerned about their privacy and will take steps to ensure it. 2. I implore the Council and Commission to not leave the Colleyville homeowners to the " ALLEGED GOOD-WILL" of these developers. Hold them accountable to us the homeowners to follow through with the best interest of the residents plainly in view' Respectful~6~~ Sean T. 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II 2. .. -=-.. 1..I.LU_I.I.I.I.L1.I..I~I.I.LL' . i. . \.. 1 '; ~ .. _" i- ~ jO . ..., , '\ '{ c! ~\. '" ~i ............... ... .COP\.......... BlOC~ 1 wI 20.3VO.4,5.f. :oj I I ill , '!I I . I ROCK ,." I ~ [114' zl Ll al , 4.0 IAI I OIl I I UlI I ~I I (111 I I I ~I I '!"I I "'I 1- ~ I q NI 10 ., I ~ ~I 1 c ~I : jot -0: I ~I I , I IJJ I , ~I z' a' 0' 01 ~l 01 '-, CI ~I I I I I , , I I I I I I -I . I ~ I , , I OWUS .. _s. .... lIPU. ""''1' CPlI1N 1lfA' _ SUIl\oU _ IIMll ON 1IC GIIOUNIl _ 11'1' ~ AIIIO (Ollll(Cl\.y SItOWI 1IC IlUGMY 1M, _ _ #IIIU. (If 1lC LAIIIO _lID -. _ LOCA_ (If M.l. ~l1. 1IC LOCA_ (If M.l. ALElI, 11IIII1I..'-clf'-WAYI, (ASDIIIIS _ 01lCllIMt1IIII (If lICCllllD IllICIt AffECt _ ~1Y. 1IC UNIllllSIGNID fIIIl1lCll CIllMIS 1NAt ... All NO --.r ......MCIQ, lllIIIf\ICl1. ""MD It ".", IClIItDMV UIC CCNfUCl1. _~l1. ~ (If --..l1. tASDlDl1'I GlI "'-clf'-WA'II1IlCII'f AI _ .... AClCllIlDItI ro fDIA _ 'MIL , ""'~f Co I4tI II __ )(' ""lID 8.2.~ 1lC _ LO' DC[S NO' _All 10 III __ 1IC IGO 'IAIl f1.0Cl0 fUll, A' _ ... PLAT OF LOT 23, IN BLOCK 1, OF OAK CREEK ESTATES, AN ADDITION TO THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN CABINET A, PAGE 258, MAP RECORDS, TARRANT COUNTY, TEXAS LOYD BRANSOM SURVEYORS INC. CHARLES B HOOKS JA. REGISTERED PROFESSIONAL lAND SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH, TEXAS 76111 834-3477 I',.', "\L.,/ .~, .J ~ ,. - 30' fNO, 1 2504,.R, -p KINGS 't, COURT llO' IWllUS - CONCRETE ~~~ ~ot. DATE 06-24-96 UiIIINO . _,IN o -,., A _ O'AIIC ITAU D CONCMlIIlOH -X-X-' FIlICE ----- POWIALIt' - T -T - TBMIQII LIIE --CAlV- CMLIT1LIVIIIDM ItUlOI8 lIMA "'~IlIMA'IUCClMCMU ~~ 1 10 -mci ..~A. gi:l .", il ~u ~8.~ 9~ i~ lO -~li g8~n GIg'>: "'~Sl~ 9i~ RECEIVED APR 2 ,. 2006 Per ..~........... April 20, 2006 Honorable Members Planning and Zoning Commission City of ColleyviIle, Texas 100 Main Street Colleyville, TX 76034 RE: Rezoning Request for 5604 & 5700 Pool Road Lots 1A & 2. Block 1, Wlldwood Estates Addition Dear Members, We, the Undersigned, residents of Colleyville living within 200 feet of the request, would like to express our deepest concern and oppose the notion with regard to the above referenced rezoning request for the following obvious reasons: 1. The proposed change is not the best use of the property; 2. It will gready impact home values in a negative way in the surrounding area and overall property values of the City, 3. Within 3 miles, in each of 3 directions (north, south and east), similar devdopments have been in existence. Duplicated devdopments are not necessary. 4. Keeping referenced properties zoned as is, single Residential Estate, will preserve the environment2l conformity of the surrounding !!rea and the mstic, family oriented community reputation by which Colleyville is known. Please accept this letter as our opposition and protest to the proposed request. Your considerations are sincerely appreciated Respectfully, Resident I-l~(~~7. '-u/V Address ,;i'.5'tX> 1i/r-'1f aI. Date ~ 2 3-d C V Addres~6pf"M'-?4"r7; ~,I Date ~-2? --tJ? Address S&03 4ArlJ:'Y ~;J Date f-.23-oy' s;t!>/6 /!/;L{, IJt>.)/.u)t:'~ate 4-2 >.-0(, Addre.~f IdItWMVDat<~#'~ d 'S'is{)\ \.). C:xu.teu..k - <--\- -z.:~-O(., Resident 2-';;01 1~;C-N0~ Cr, Cf- - 23 - <90 City of Colfeyville Planning and Zoning Commission Chris Fuller, Development Coordinator 100 Main Street . ColleyviUe, TX 76034 Dear Mr. Fuller, RECEIVE~ APR 2 4 20nh Per ............... April 21, 2006 As long time Colleyville homeowners The Oak Creek Subdivision strongly opposes any re- zoning consideration for 5604 & 5700 Pool Road property. While convalescent/assisted living centers are essential and important facilities as well as substantial tax generators we also feel such a rezoning deliberation as an insult to our property values. It is in the best interest of our community to keep 5604 & 5700 zoned for single estate resi- dences. This will assure Colleyvitle citizens that our City Council is confident in maintaining the character, charm, integrity and appeal that have become distinctive to the City of Colley- ville. Name ~ Ce<-V$ Address ? 0-1- CJ/-. ~'-- :7 /......4' / Phone 8/7 9cf-6-9/3~ ' Name ~~0 ~vr ~;,u'l ~~~:ss -{ '~~i;' vtfJT ~I =:~J:~ '(>~":;~,;J< ~f'f"JV- Phone g n - )..{g 7 - 17 8')( Respectfully, Oak Creek Subdivision Homeowners Name loy l .! Edd Ie 8~,ce Address 9;02.. (f\::'e u <;1 t'b r + Phone '6\"1- SLID -q 3<06 Name IjlL L- 0 L-€1-I.f Led/-1oQL~ Address .:r6 p" /P/h:JJp/~ 7/1-9/<- Phone C;? IIL~t/I{c....~ . 7'<. 7(;, tI./'Y , 117.-- bB~~IIJ;L MacHey Real Estate Trust 2800 Glade Road Colleyville, Texas 76034 RE: Rezoning request on Pool Rd. & Hall Johnson Rd. up for review on May 8th We would like to advise you that we are strongly against rezoning the above property from RE to PUD-R for the purpose for which the application states. We don't believe that it is in the best interest of our city to develop a convalescent/assisted living center in a non-transitional area. This area of the city is predominantly comprised oflarger single family homes. Doing so will greatly impact the value of our homes, not to mention the image and profile of our grand community. This development would be a very similar to the facility that was just built only three miles north at Pool Road and Hwy 26. There are also great concerns with the process for which the public is notified when rezoning requests of this magnitude are made. The first being, only property owners living within a 200 foot range are directly notified when an application is made. This policy is practical if a property owner is requesting zoning that is conducive to the surrounding neighborhoods. However, when proposing a change that would allow a PUD or Mixed Commercial development to take place in single residential areas more than 10 to 15 homes need to be notified. Our point being, that if Colleyville residents were aware of the possible consequences associated with amending Land COde as shown in the following examples: . 1. Ordinance 0-06-1567, The GladeIHeritage town home project. In this instance the developer has been "green lighted" to build 5.5 DUP A that will result in 124 total residences per acre when the current PUD-R zoning only allows for 1.8 per acre. Let's not forget the minimum lot size restriction of 13,OOOsfbeing slammed by allowing their lots to be as small as 2,7oosf and a maximum total lot coverage of 90% when the standard is 50% 2. Ordinance 0-06-1563, The Les Maison villa style home development on McDonwell School Rd. In this instance the developer will be allowed to build 3.6 DUP A VB. 1.8 and the minimum lot size will be 6,177 vs. 13,000. This is clearly taking our Land Code in another direction. Secondly, there is a problem with the procedure for which citizens of Colleyville who don't live within the 200 foot rule are informed. The yellow signs that are intended to inform citizens are not of proper size nor does there appear to be any policing after placement. We have found that these signs are typically repositioned behind utility poles & easementS. In their current form they are easily mistaken for real estate or political signs, arid in this case the only sign 'present on the Property is facing Pool Road and has been blow down numeroUs times. With a property of like location,and that faces two or more thoroughfares there.should be mandates as to. the numbers of signs posted and their lREfCfElrwED r.mm ~ 41 ;@ll6 fiRJrr.............. placement so there is little chance of them blending in with other signs that may be posted. Respectfully Submitted. Maciley Real Estate Trust Property Owner in the City of Colleyville 2800 Glade Road Colleyville, Texas 76034 817 545-7999 Chris Fuller Development Coordinator 100 Main St. ColleyviUe, TX 76034 April 26, 2006 Re: Pool Road Rezoning request Mr. Fuller, It has come to my attention of recent requests of the City of Colleyville to rezone the 2 lots of 5604 Pool Road and 5700 Pool Road from single estate residences (RE) to planned unit developments (PUD-R). I encourage you to work towards preventing this change. While I support the increase of business development within Colleyville, and certainly wish to see the city grow and prosper, I believe that business and commercial growth should adhere to the Colleyville Master Plan, which limits commercial establishments to the corridor along highway 26. The Master Plan also stipulates residential lots being of half-acre or larger, not smaller, in size. The Planning and Zoning committee has approved 2 plans this year of developments on under-half acres, raising our population density, in contrast with the Master Plan. I would encourage the Planning and Zoning committee to follow the guidelines of the Master Plan to maintain lower density populations. In order for the residential areas to appreciate in value, the demarcation between commercial and residential should be kept to an absolute minimum. The rezoning of these 2 plots would create new boundaries between commercial and residential areas. I have been a resident of Colleyville for 17 years, making this city my only choice of permanent residence upon transferring here from Ohio. I chose Colleyville due to the quiet, rural community it was reputed to be. I do not wish to see this reputation ruined by commercial establishments sporadically distributed within residential areas. I encourage you to reject the requests for zoning changes, and keep the properties zoned ;;d~facre_. Mark and Beverly Humiston 5501 Dusty Ct. Colleyville, Texas 76034 (817) 545-8019 MOt~ I ,l-tJo G, Cltl r"lS 'Fvt (let" Pevd or ^'- 'h t- COD r ol <- '" h"" [ DO fv'\'^: '" ~+- . (~/let v; lIe l Tj .1(,031 5 v' ~ J ec.- +-; f!R. Zv,J 6. 0 F 5" otf Ctv\~ 5'700 P6DL /Z.r>. 'Dear C-k,<s I L t7\ ~ f/J r ~ f-t ~ -h> -e. 'f pre) S (I1/lJ tA; /Il ('V ", ,t: r -ft~ rez,DV\:V\J6f 5'loot.f "'lAA '5700 Pi>t>l. f<..,.,ltt, r: k4.ve. t-ke -Co (LtfVi i v-5 U>V\. C<('v If' 5 . r) Co ~\1fV1 ell' c ~0{ l ~~ -h~ {) i":, Ci (e~ I~Jli-\. fu~( V1~l5 ~Lu/kc('l(:;(., ("<-e~l ~~""5 ~~ C-VV/-fVlt '2A>vtL~~ 'l~ AOtff:. t~ cl..A..rA.cfer l.v~+'l, f.~-e ~ uti '"j V\~~. h biJ.r k'(J(),J. . z) 11J1>t'~e (/{ tAt'/. L~ ~ f f'> (Ju h ~V1 $ Ir~ (he. "3) R-dl.<.<:'\-;;'''''' .1'" r'" fer ~ v'" r ,,~ 1 e~ C()Jr~?e. ~lhA fo +~(Lt ~~< U..... C-e/,A$ ) ~ 10 4([ov.... f- ~e~re ~~~(~j {~d.e. (;Slli~ ~ ~tf(bV'(: ~ 2eVL.~~ reo(/'<,{+. M'"7 ile~,^bo( 5 ~~e. , 5'\.~ce~(J" ... Vv\a..r~~ W\~~er I. S'7oo W(~dl'~ +r~:1 / ~l{e/1/i.l{el.tx 76051 ~-""~.-----------,,-.._.._,._,._~_._~" ,- -- ~ ..,'>. April 25, 2006 Planning and Zoning Commission City of CoHeyvifle Chris Fuller , Development Coordinator Re: Rezoning request for 5604 & 5700 Pool Road I own the property at 5500 Pool Road. I am protesting the zoning change to PUD-R for a convalescent/assisted living center. I feel that it will devalue my property and will not beniflt the neighborhood. Thank You i;;:7J~ftJ~~ Page 1 ORDINANCE 0-06-1573 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 4.15 ACRES OF LAND ON LOTS 1A AND 2, BLOCK 1 OF THE WILDWOOD ESTATES ADDITION FROM THERE- RESIDENTIAL ESTATE ZONING DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning change was filed by GTF Design on March 24, 2006, under Case No. Z-06-008; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and 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 0-06-1573 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on a 4.15 acre parcel of land on Lots 1 A and 2, Block 1 of the Wildwood Estates Addition, from the RE-Residential Estate zoning district to the PUDR- Planned Unit Development Residential zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land. shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for an assisted living facility. b. The number of permanent residents within this facility may not exceed 60. c. Hose cabinets shall be provided subject to review and approval by the Fire Chief. d. The assisted living facility shall provide two Automatic External Defibrillators in locations determined by the Fire Chief. e. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. f. At time of platting, park land dedication fees shall be assessed for this project based on the equivalent of 9.15 residential dwelling units. 2. CONCEPTUAL PLAN AND PLATTING a. The site plan shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B". The actual site layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Final Replat in accordance with the requirements of the Land Development Code prior to development of this PUDR. c. The exterior architectural elevations will be generally consistent with Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-06-1573 Page 3 of 4 Exhibit "C". 3. SCREENING a. An eight (8) foot opaque, perimeter fence shall extend along the west property line of this PUDR, as shown on the Screening Plan labeled as Exhibit "D". b. The fence shall be measured at the existing grade of the adjacent lot. c. A twenty-eight (28) foot landscape buffer shall extend between the western property line and the side of the proposed building and be shown on the approved replat and site plan. d. Twenty-four (24) Eastern Red Cedar trees, on fifteen (15) foot centers, shall be placed within the landscape buffer between the western property line and the proposed building. The trees will be a minimum of eighteen (18) feet tall. e. The developer shall plant twenty-one 3-inch caliper trees in the general locations shown on the Conceptual Site Plan attached as Exhibit "B". f. No screening shall be required along the southern property line. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. Ordinance 0-06-1573 Page 4 of 4 The first reading and public hearing being conducted on the day of 2006. The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A - Zoning and Location Map Exhibit B - Conceptual Site Plan Exhibit C -Exterior Elevations Exhibit 0 - Screening Plan -I ~ -i Q R ei ~~ i { I i 7"<'sa<io- City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 Requester: Office of the City Secretary File Name: Reports - May 16, 2006 Attachments: Parks and Recreation Advisory Board Minutes - April 3, 2006' Library Board Minutes - April 10 ,2006 . Planning and Zoning Commission Minutes - April 24, 2006 File Type: Report Agenda Date: 05/16/06 Agenda No.: 8 Status: Reports Controlling Body: City Council Final Action: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/16/06 City Council Title Parks and Recreation Advisory Board Minutes - April 3, 2006 Library Board Minutes - April 1 0, 2006 Planning and Zoning Commission Minutes - April 24, 2006 City of Colleyville Page 1 Printed on 5/9/2006 city Of ilcg Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday,April3,2006 6:30 p.m. Pat Horn called the meeting to order at 6:37 p.m. on Monday, April 3, 2006, at the Colleyville Public Library 2nd Floor Meeting Room located at 110 Main Street. ROLL CALL: Councilperson Tony Licata, Bob Leininger, Connie Hampton, Joe Ben Hassell, Nancy Coplen, Pat Horn, Pete Riis and Steve Dalri. ABSENT: Sheryl Black and Vince Rosen STAFF: Paul Frederiksen, Assistant City Manager, Monica Walsh, Director of Parks and Recreation and Luke DeFilippis, Recreation Supervisor. 1 . Call to Order 2. Approval of the March 6, 2006 Parks and Recreation Advisory Board Minutes Steve Dalri moved to approve the March 6, 2006 Parks and Recreation Advisory Board minutes. Joe Ben Hassell seconded the motion. The vote was unanimous. 3. Introduction of Luke DeFilippis, Recreation Supervisor Monica Walsh, Director of Parks and Recreation, introduced Luke DeFilippis, the new Recreation Supervisor for the City of Colleyville. Luke joined the Parks and Recreation Department in March, 2006. 4. Update of McPherson Park Master Plan Phase I Karl Bieberstein of Newman, Jackson, Bieberstein, Inc. presented an update of the McPherson Park Master Plan Phase I. Parks and Recreation Advisory Board Meeting April 3, 2006 Page 2 of 2 5. Recreation, Athletics, Tennis and Seniors' Reports Luke DeFilippis, Recreation Supervisor, provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 6. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. 7. Adjournment Joe Ben Hassell moved to adjourn at 7:52 p.m. Pete Riis seconded the motion. The vote was unanimous. Respectfully submitted and approved: ~~~.~ Dixie S. Smith, Administrative Secretary COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES April 1 0, 2006 I. CALL TO ORDER - Chair Nancy Eytcheson called the meeting of the Colleyville Public Library Board to order at 7:03 p.m. Eytcheson announced that Bonnie Carroll had submitted a letter of resignation from the Library Board due to family issues. It was noted that her term would be expiring in June and that the position would be filled at that time. ROLL CALL - Members present: Pat Jones, Karen Birkes, Nancy Eytcheson Susan Potter, Richard Roxburgh and Carol Wollin Alternates absent: Dennis Healy and Angie Guthrie-Madison Ex-Officio Members present: Nancy Coplen, Susan Taylor and Mayor David Kelly Ex-Officio Members absent: Steve Banta, Dr. Larry Darlage, Ret Stansberger and Ginny Tigue Council Liaison absent: Tony Licata Staff present: Mary Rodne II. Approval of March 13, 2006 Minutes - A motion was made by Carol Wollin and seconded by Karen Birkes to approve the March 13, 2006 minutes as amended. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library March 2006 Usage Statistics, for review and discussion. Patrons had checked out a total of 13,938 items, 129 Colleyville residents registered for library cards, library patron visits totaled 7,099, attendance for programs totaled 633 and volunteer hours totaled 131.15 hours. Rodne also noted that the total circulation of library materials this year was 23% higher than the total circulation of library materials last year at this time. b. Donations Director Rodne reported that the Library had received a total of $594.13 in donations in March. The donations included: $325.00 from Andrew Wayne for Youth Services program refreshments and $269.13 from the David Bagwell Company for the purchase of books. Rodne also noted that Michael Cureton, a member of Boy Scout Troop 4 in Colleyville, selected the Library as a recipient of an Eagle Scout project requirement. On April 6, 2006, he presented his project, a portable hand-made wood storage cabinet for Youth Services program supplies, to the Library. c. Programs Director Rodne reported that the Youth Services Winter/Spring 2006 programs were ending on April 20, 2006 and that staff continued to work on the Summer Reading Program. Director Rodne announced that the planning committee was completing the final details for the first Northeast Tarrant Reads event. Mayor David Kelly indicated that he would present a Proclamation to announce the event, featuring the book Isaac's Storm by Erik Larson, at the May 16, 2006, City Council Meeting. It was noted that the program is scheduled to start June 5, 2006 and will end on July 20, 2006 with a special program that will feature Lew Fincher, well known hurricane expert. The ending program will be held at the Colleyville Center. Library Director Mary Rodne also reported that she had attended the 11 th Annual Public Library Association National Conference in Boston, Massachusetts in March, and presented an overview of the conference programs. Rodne reported that she had attended several excellent sessions that focused on how to transform typical libraries into customer- centered facilities and several programs that presented very informative and useful information about downloadable media in libraries. Rodne added that the digital media session was timely as the Library plans to offer materials in this format shortly. IV. POLICY REVIEW AND DISCUSSION A. Computer Usage Policy Director Mary Rodne presented the Computer Usage Policy for review and discussion. Pat Jones made a motion to approve the policy as amended and Susan Potter seconded the motion. Motion approved unanimously. B. Internet Policy Director Mary Rodne presented the Internet Policy for review and discussion. Richard Roxburgh made a motion to approve the policy as presented and Carol Wollin seconded the motion. Motion approved unanimously. V. REVIEW AND DISCUSSION OF CITY OF COLLEYVILLE FY 2007 BUDGET SCHEDULE Library Director Mary Rodne presented the City of Colleyville FY 2007 Budget Schedule for review and discussion and noted that proposed Departmental Base Budgets were due on Friday, May 5, 2006. VI. LIBRARY LONG- RANGE PLANNING UPDATE It was noted that staff would be starting to write goals and objectives to meet the selected top four service responses. VII. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Susan Taylor gave highlights of the Friends general meeting held on April 6, 2006, in the Library. She reported that the new member Chamber of Commerce ribbon cutting ceremony for the Friends of the Library had gone very well and that the featured program speaker, local author Margot Fusser Blewett had presented a very interesting program. It was noted that the author donated an autographed copy of the book she wrote, Feet in the Fire, to the Library. Taylor also announced that the Friends of the Library had made a presentation to Library staff for Library Staff Appreciation Week. VIII. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Pat Jones reported that the Library Foundation had met on March 27, 2006 to discuss 2006 library fund raisers and that the next Foundation meeting was scheduled on April 24, 2006. IX. SUGGESTED ITEMS FOR FUTURE MEETINGS X. CITIZEN COMMENTS None XI. ADJOURN: A motion was made by Carol Wollin and seconded Karen Birkes to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 7:40 p.m. .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - April 24, 2006 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Robert McCormick, Dave Dudziak, Mary Taylor, Denis Duffy and Jeff Byerly Absent: Commissioners Thomas Bartkowski and John Blassingame Chris Fuller, Amy Shelley, Public Works Director Steve Chutchian and Fire Chief Mike Johnston from staff were present. INVOCATION The invocation was given by Commissioner Taylor PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak made motion to approve the April 10, 2006 meeting minutes as written. Commissioner Taylor seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-06-013 - Preliminary plat for Lots 1, 2 and 3, Block 2 of the Lavaca Trail Addition on 6.353 acres located at 8080 and 8090 Precinct Line Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the developer can start building before the CLOMR is approved by FEMA? Public Works Director, Steve Chutchian replied the CLOMR must be approved by FEMA first. Commissioner Duffy made motion to approve case P-06-013. Commissioner Taylor seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly Planning & Zoning Commission Minutes - April 24, 2006 Page 1 of 10 Nay: None 2. Case P-06-014 - Final plat for Lots 1 and 2, Block 2 of the Lavaca Trail Addition on 2.572 acres located at 8080 and 8090 Precinct Line Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Taylor questioned staff if any letters in opposition have been received? Chris Fuller replied no, this is a plat application which is not required to be advertised. Commissioner Duffy questioned staff regarding if Lots 1 and 2 are approved as presented, then when the developer comes back to plat Lot 3, will he be able to change or modify Lot 1 or 2? Chris Fuller replied no he will not be able to change or modify. Commissioner Duffy made motion to approve case P-06-014. Commissioner Taylor seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly Nay: None 3. Case P-06-020 - Preliminary plat for Lots 1 - 16, Block 1 of the Colleyville Heights Addition on 4.36 acres out of the P. Peterson Survey and Lot F, Block 2 of the Colleyville Estates Addition located at 5400 to 5408 Pleasant Run Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding what is the frontage on the lots on the cul-de-sac and is the rectangular point on the plat on Lots 14, 15 and 16 indicative of anything important? Chris Fuller replied that being an erroneous line on Lots 14, 15 and 16 and with regard to the lot size, the Land Development Code allows a lesser frontage to be assigned to lots along a cul-de-sac as long as health safety issues are not mitigated or put into risk. Commissioner Byerly questioned staff if those lots are otherwise consistent with the R10 zoning district? Chris Fuller replied correct. Commissioner Duffy questioned staff if the 50 foot right of way width on Regina Court is sufficient for parking on both sides? Chris Fuller replied it is sufficient within a local roadway standard with regard to parking on both sides. However, the Engineering Department may be able to provide more insight. Steve Chutchian replied the 50 foot right of way width is a standard residential right of way which will allow for parking on ' either side. Commissioner Duffy stated the R10 zoning district has been in existence for a long while, however, and questioned the applicant if those lots being proposed have larger lot frontages and have 12 lots instead of 15? Keith Hamilton, 601 Harwood Road, representing the applicant, stated the applicant does not want to loose any lots. Planning & Zoning Commission Minutes - April 24, 2006 Page 2 of 10 Commissioner Byerly made motion to approve case P-06-020. Commissioner McCormick seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly Nay: None 4. Case P-06-021 - Minor plat for Lots 1 and 2, Block 1 of the Burnett Whittlesey Addition on 3.16 acres on Tracts 1B and 1B1, Abstract 1692 of the Joseph White Survey located at 6208 L.D. Lockett Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned Fire Chief Mike Johnston regarding what is the estimated distance to the closest hydrant to the home? Chief Johnston replied approximately 350 to 400 feet. Commissioner Duffy questioned if the 25 foot wide access had any obstructions, would the fire trucks still be able to get back there, or would the hose have to be dragged manually? Chief Johnston replied correct, the concrete would have to support the fire apparatus with appropriate width and height. He stated the applicant is willing to do whatever is necessary to gain emergency access to her home. Commissioner Duffy questioned if the applicant understood the city would not be responsible, if emergency access could not be gotten to her home, because of lack of response? Chief Johnston replied yes. Commissioner Duffy stated having concerns with a home this far from the street. Commissioner Taylor questioned Chief Johnston regarding if that would become a non issue once the applicant agrees to have access to support the fire apparatus? Chief Johnston replied correct. Commissioner McCormick made motion to approve case P-06-021. Commissioner Taylor seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Byerly Nay: Duffy PUBLIC HEARING AGENDA ITEMS 5. Case Z-06-007 - PUBLIC HEARING - Request for a Special Use Permit for outside storage located at 6617 Colleyville Boulevard Chris Fuller presented the case and briefed the Commissioners. Commissioner Taylor questioned staff if this property can be seen from Colleyville Boulevard? Chris Fuller replied because of the tree coverage, it would depend on the time of the year, so yes; it would be visible from Colleyville Boulevard. Chief Johnston stated the fencing between the buildings, Hart Pools and the parking area, would have to be removed in order to get an apparatus down the property and have a turn radius to turn into the storage area. Planning & Zoning Commission Minutes - April 24, 2006 Page 3 of 10 Commissioner McCormick questioned Chief Johnston if there is a concern regarding the storage of gasoline tanks and propane tanks on the facility? Chief Johnston replied not having an issue with the storage of tanks, similar to those at the storage facility on John McCain. Commissioner Byerly questioned staff regarding the fire access is an issue, however, it is not covered in the SUP ordinance? Chris Fuller replied those issues would be covered by the fire code; there is also a fire lane that would need to be brought into compliance with the fire lane standards. Commissioner Byerly questioned the need for a special provision in the SUP? Chris Fuller replied Chief Johnston may be more comfortable by adding that language into the ordinance. Commissioner Duffy questioned staff regarding the piles of trash, will these piles be cleaned up and the RV's parked on those spots or are the RV's going to be parked where ever on the lot among the refuse? He stated a letter recommending denial has been sent stating the abuse of junky equipment being left around for the breeding of mosquitoes. Chris Fuller replied the applicant is present to give clarity as to the placement of the RVs, and it is to staff's understanding that most of the refuse piles have been cleaned. Commissioner Dudziak questioned staff regarding if there are limitations in the ordinance on the Hodges' property, such as a landscape buffer or limitations of vehicles parked along Ross Downs? Chris Fuller replied there being a height restriction on one of the buildings not to exceed 20 feet, a landscaped screening within 13 feet of the common property line of the Ross Down's Addition and a tree plan, and the area within 50 feet of the property line would be free of debris. Commissioner Byerly questioned staff regarding the type of asphalt to be used? Chris Fuller replied the applicant stated wanting to use the recycled black top; however, the applicant should be able to give you more information on the type and depth. Commissioner Duffy questioned Chief Johnston regarding if there is a need for single or double access, one on the north part and one on the south part? Chief Johnston replied the single access on the north part would be fine for the fire access, but not sure if one would be required on the Ross Downs side because that easement has been abandoned. Commissioner Dudziak questioned staff regarding if the hours of operation would be 7 a.m. to 8 p.m. seven days a week? Chris Fuller replied the times of operation were indicated, not the days, staff presumed it was seven days a week. Commissioner Byerly opened the public hearing at 7:40 P.M. Neil Hart, the applicant, stated the land will be cleaned before the storage of the RVs. Commissioner Byerly questioned Mr. Hart regarding what type of surface would be used for the parking area? Mr. Hart replied the surface used can be five (5) inches of asphalt if necessary. Mr. Hart replied not being able to take down the fence to the north to accommodate for a fire truck. He stated there are fire hydrants available on the property. Planning & Zoning Commission Minutes - April 24, 2006 Page 4 of 10 Commissioner Duffy questioned Mr. Hart if he has been using the site for storage of refuse prior to this request? Mr. Hart replied yes. Commissioner Duffy stated the Fire Chief has requested certain codicils for this SUP, what would happen if the Chiefs wishes were put in to the SUP ordinance? Mr. Hart replied he would have to abandon the project, he stated not wanting to take down the fence, and he is just looking for some additional income. Commissioner Duffy stated not being able to approve without some safety for the city regarding fire access on to the property. Mr. Hart stated not being willing to give up part of his back lot to his building. Commissioner Taylor questioned Mr. Hart what is the best use of the land? Mr. Hart stated not seeing a better use for the land. Mr. Hart questioned Chief Johnston if there have been any fires at the other location on John McCain? Chief Johnston replied no, not to his knowledge. Mr. Hart stated he had an idea to store something on the property to be able to make additional money and to clean up the property. Commissioner Dudziak questioned Mr. Hart if the business will operate 7 days a week? Mr. Hart replied yes, but it will not be attended, there will be an electronic gate. Commissioner Dudziak questioned Mr. Hart if he did not want the landscape buffer on the back side of his property next to the Ross Downs Addition? Mr. Hart replied really not knowing about the landscape buffer, but not being opposed to one, there is a natural drainage swell back there now for the run off from Hodge's property. Commissioner Dudziak questioned Mr. Hart if the 13 foot buffer could be continued as is on the Hodge's property? Mr. Hart replied not having a problem with any recommendations regarding landscape. Commissioner Duffy questioned Mr. Hart regarding fire access, if there were a codicil in this SUP stating you would need to provide acceptable fire access to this site and approved by the Fire Chief, would you be willing to do so? Mr. Hart replied not willing to take the fence down as it would be giving away a lot of property. He stated not being willing to have an unfenced property. Mr. Hart replied coming up with an idea like a retractable gate with rollers. Commissioner McCormick questioned Mr. Hart regarding how are RVs going to be placed on the property if a fire truck can not gain access? Mr. Hart replied the RVs will come in off of Ross Downs road. Commissioner Duffy stated Ross Downs road is not a city street. Mr. Hart stated having used this road for 23 years. Commissioner Duffy stated that road is property the adjacent property owners own in pieces. Commissioner Duffy questioned Mr. Hart regarding if there will be an electric gate on Ross Downs road? Mr. Hart replied yes. Commissioner Duffy stated that road can not be the primary entrance for the fire department to use because it is not a city street. Mr. Hart questioned how does the fire department get through this area? Commissioner Duffy replied not knowing. Commissioner McCormick questioned Mr. Hart regarding if there will be electricity to those units in the back? Mr. Hart replied no. He stated wanting to get the SUP and then, later, he could design the features. Commissioner McCormick questioned Mr. Hart regarding if there will be a dump station? Mr. Hart replied no. Planning & Zoning Commission Minutes - April 24, 2006 Page 5 of 10 There being no one wishing to speak, the public hearing was closed at 7:50 P.M. Commissioner Byerly made motion to approve case Z-06-007 with staff's recommendations to remove item number 7; The existing trees along the property line adjacent to Ross Downs Addition be preserved as a buffer to the residential uses. Commissioner Duffy seconded with an amendment to add language with proper fire access be provided by the applicant. Commissioner Byerly questioned Chief Johnston regarding if access would be able to be provided? Chief Johnston replied not sure at this time without measuring, stated not knowing what the radius to the back of the property would need to be. Initially, the property is physically looked at and then decided, at that time, where the fire lane would need to be placed, however, with this being an existing property with an existing fire lane that is not the proper fire lane width, it is hard to determine without measuring. Commissioner Byerly questioned staff regarding if there is specific language that would need to be placed in this ordinance for fire access? Chris Fuller replied pursuant to the Fire Code would be more relevant than the Land Development Code. Commissioner Dudziak replied the fire code is a very important caveat for those residents who back up to this property. He stated he would not approve this SUP without a fire lane. Commissioner Taylor concurred with Commissioner Dudziak and stated the applicant has already stated he is not willing to take the fence down for fire access. Commissioner Taylor stated Mr. Hart is not willing to place shrubbery on the property facing Colleyville Boulevard. Commissioner Taylor stated not being comfortable without some assurances. Chris Fuller stated one of the issues that staff recommended was a landscape setback buffer that abuts Ross Downs. Mr. Hart stated he would be willing to plant trees along the residential boundary of the Ross Downs Addition, not along Colleyville Boulevard as Commissioner Taylor stated. However, the Commissioners have the ability to add what ever language to the SUP that is necessary. Commissioner Byerly stated for clarity there being two issues, an eight foot opaque fence requirement and landscape screening that is consistent with the Land Development Code both along the eastern boundary. Chris Fuller replied correct. Commissioner Dudziak questioned staff regarding what is the landscape footage requirement in the Land Development Code? Chris Fuller replied 20 feet. Commissioner Dudziak stated an amendment to eliminate any type dump station, waste water and drain water shall not be permitted on this site. Commissioner Byerly accepted Commissioner Dudziak's change. Commissioner Byerly stated wanting the northern access to be consistent with the fire code as well. City Attorney Matthew Boyle stated the fire access shall be provided in full accordance with the fire code. The motion as it stands now is for the approval with Planning & Zoning Commission Minutes - April 24, 2006 Page 6 of 10 staffs recommended conditions with item number seven being deleted and the following two additional conditions being; 1) fire access shall be provided in full accordance with the fire code and 2) no dump stations for waste water or drain water shall be permitted on the site. Commissioner Dudziak questioned staff regarding drainage; will he have to provide drainage plans? Chris Fuller replied if he paves per the Land Development Code with asphalt or concrete, he will be required to submit a drainage study as part of the grading permit, however, if the Commission approves anything less than what the Land Development Code requires, he will not be required to provide plans, unless the Commission makes it a caveat to the SUP. Commissioner Dudziak questioned staff regarding if the applicant is aware the pavement he is proposing is not what will be required? Commissioner Byerly requested the applicant to come forward to address the question. Mr. Hart replied he would comply with what is necessary, he can use what he has for a base and then concrete or asphalt over it . Commissioner Byerly stated the motion to approve this case is as stated by City Attorney. Motion being moved by Commissioner Byerly and seconded by Commissioner Duffy. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly Nay: None 6. Case Z-06-008 - PUBLIC HEARING - Request for a zoning change from RE - Residential Estate to PUDR - Planned Unit Development Residential on 4.15 acres on Lots 1A and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road Chris Fuller presented the case and briefed the Commissioners. Chief Johnston stated there is a need to have hose cabinets, with a 2 % inch line going to the cabinets with a 1 % in reducer inside the cabinet. Chief Johnston spoke with Mr. Kramer and stated AEDs will be required every 100 paces apart, per the fire code requirement because of the access to the facility. Commissioner Duffy questioned staff regarding if there is anything on record on this company regarding past performance? Chris Fuller replied no. Commissioner Dudziak questioned staff if this is the first assisted living facility in Colleyville? Chris Fuller replied no there is one on Bransford Road. Commissioner Dudziak questioned Chief Johnston if this facility will increase the call volume? Chief Johnston stated the call volume will increase about a 10 to 15 percent increase per month. Commissioner Taylor questioned staff regarding if this facility is strictly an assisted living facility, not an early retirement facility? Chris Fuller replied correct. Commissioner McCormick questioned staff regarding the number of parking spaces Planning & Zoning Commission Minutes - April 24, 2006 Page 7 oft 0 required? Chris Fuller replied one parking space per number of beds, or one space per unit, whichever is greater, in this instance, the 52 units is greater, therefore 52 parking spaces would be needed. However, the drawing shows 41 parking spaces and the applicant stated with these facilities, the parking ratio does not have the demand. Staff feels this facility may require the 52 spaces since some of these residents may have a car. The applicants do not feel this is necessary. Commissioner Byerly opened the public hearing at 8:15 P.M. Mark Tolsen, 8251 Bedford-Euless Road, North Richland Hills, GTF Design, the architect, the designer, presented the case and briefed the Commissioners. Commissioner Byerly questioned Mr. Tolsen regarding the time at which there will be the most employees at the facility at one time? Mr. Tolsen replied there would be seven employees at one time. Commissioner Byerly questioned Mr. Tolsen regarding the percentage of people who would live there having a car? Mr. Tolsen replied the ratio of people living there that would have a car is about 1 % or less. Commissioner Dudziak questioned Mr. Tolsen if the rooms are rented; are the trees already 18 feet tall at the time of planting? Mr. Tolsen replied yes, the rooms are rented and they are spending around $18,000 dollars worth of trees. Sally Pearson, 2500 Kings Court., stated to staff, the percentage calculated does not appear to be correct. She spoke in opposition to the rezoning request and stated this is not the proper place for this facility. Vickie Pier, 2900 Summertree Lane, Summertree Addition, stated being worried about the safety of the children going to school, if some of these people who will be driving. She stated having concerns with the home values including hers. Tony Przano, 2509 Ballantrae Drive, stated the south side of his home will face this development. He spoke in opposition with the rezoning request and stated having concerns with property values. Sean Lucart, 2504 Kings Court, spoke in opposition to the rezoning request with concerns of the property values. However, he stated with proper landscaping, this facility could enhance the value of his property as long as the trees are properly irrigated and maintained so that they will grow. He stated his property value is paramount. He questioned the Commissioners regarding what kind of assurance do we have as property owners that the developer will come through with all of the conditions? H. Frank Yin, 2501 Kings Court, spoke in opposition to the rezoning request. He stated he would like this property to be a transitional area with residential uses. There being no one wishing to speak, the public hearing was closed at 8:45 P.M. Commissioner Duffy questioned staff if the developer will comply with the Land Development Code regarding the 52 parking spaces? Chris Fuller replied they have not indicated that other than what was said at the podium. Commissioner Duffy questioned Chief Johnston if the fire regulations will comply with both the Land Development Code and Fire Code? Chief Johnston replied yes. Planning & Zoning Commission Minutes - April 24, 2006 Page 8 oft 0 Commissioner Duffy questioned staff if the parking will comply with the Land Development Code? Chris Fuller replied yes. Commissioner McCormick stated wanting to preserve the green space for the residents rather than having parking spaces. Commissioner Taylor concurred with Commissioner McCormick regarding preserving the green space for the residents whereas the parking spaces are going be empty most of the time. Commissioner McCormick questioned Commissioner Taylor regarding the real estate values of the homes behind this project, will they decrease in value? Commissioner Taylor replied no, those homes that are behind the Kroger addition sell within days of being on the market. Commissioner Byerly questioned staff regarding if this project is consistent with the master thoroughfare plan? Chris Fuller replied this higher density, near a major intersection, is consistent with the master thoroughfare plan. Commissioner McCormick questioned staff regarding what will the tax revenue be for this development versus single family? Chris Fuller replied that has not been calculated yet. Commissioner Taylor stated this being a good use for this land. Commissioner Duffy questioned staff regarding the city boundary lines; the northeast property line from this property is Grapevine, correct? Chris Fuller replied yes. As seen on the drawing, the boundary line for notification stops across the street because that is Grapevine. State law only requires notification to property owners in our city. Chief Johnston stated in lieu on not being able to access all sides of the property, the hose cabinets will be required and this language should be addressed in the ordinance. Commissioner Dudziak questioned Attorney Boyle if it would be out of bounds for the Commission to require the $800 dollar an acre commercial parkland dedication fees for this project versus the single lot residential fee? Attorney Boyle replied only being able to enact that fee according to the schedule and if staff has made the determination that this is a single lot use and that it is classified as residential, then it is a single lot fee. Attorney Boyle stated the Fire Chiefs conditions would be as follows: the hose cabinets shall be provided subject to the review and approval of the Fire Chief. Commissioner Dudziak questioned Mr. Tolsen regarding property devaluation, what does this do to the property values in the area? Mr. Tolsen replied that being a good question, however, we do not operate them, but we do build all over the country. Those concerns have all been evaluated. We have offered to do mega screening for those neighbors. City of Colleyville has everything in place to protect the neighbors. There is not a negative impact or reduction on the property values. Planning & Zoning Commission Minutes - April 24, 2006 Page 9 of 10 Commissioner McCormick made motion to approve case Z-06-008 with the hose cabinets added by the Fire Chief. Commissioner Taylor seconded with staffs recommendations, as noted in numbers 1 through land the Fire Chiefs hose cabinet addition. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy and Byerly Nay: None TABLED ITEMS 7. Case Z-06-003 - PUBLIC HEARING - Request for a zoning change from AG - Agricultural to R20 - Single Family Residential on 3 acres on Lot 1, Block 1 of the Wilson Estates Addition located at 1304 Tinker Road No discussion on this item was received. 8. Case Z-06-006 - PUBLIC HEARING - Request for a Special Use Permit for an accessory building and a carport on Lot 3, Block 2 of the Apple Valley Addition located at 5105 Apple Valley Commissioner Taylor made motion to continue this public hearing and the case to the Commissioners meeting on May 8, 2006. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy and Byerly Nay: None STAFF REPORTS Chris Fuller thanked Steve Chutchian and Chief Johnston for being here tonight. COMMISSIONER COMMENTS Commissioner Dudziak stated wanting to add the fees are collected even when the homes are going to be demolished. Commissioner Byerly thanked Chris. Commissioner Duffy stated wanting the staff to review the minutes for the Longwood Addition. ADJOURNMENT The Commission adjourned the meeting at 9:00 pm by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: May 8, 2006 Planning & Zoning Commission Minutes - April 24, 2006 Page 10 of 10 RESOLUTION R-06-2699 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MAY 16, 2006 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND 2006. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor