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HomeMy WebLinkAboutCity Council-Agenda Packets-6/6/2006 City of Colleyville Agenda City Council 1 00 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, June 6, 2006 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of Senior Center Advisory Committee PC-2 Discussion of a computer training session for the City Council PC-3 Discussion of selecting tentative dates to meet with GCISD Board of Directors, Colleyville Area Chamber of Commerce and the Colleyville Parks and Recreation Advisory Board PC-4 Discussion of selecting a revised date for City Council Budget Planning Retreat PC-5 Discussion of the June 6, 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 City of Colleyville Page 1 Printed on 5/31/2006 City Council Agenda June 6, 2006 commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Steve Hill, Heartland Fellowship Church 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-06-2701 3. OATH OF OFFICE Administration of the Oath of Office to Councilmembers, Places 3, 4, 5 and 6 4. RECEPTION FOR COUNCILMEMBERS Reception for Councilmembers 5. ELECTION OF MAYOR PRO TEM Election of Mayor Pro T em 6. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS 6a Proclamation - Declaring June 7,2006 as Nichola Kouzes Day in Colleyville - Nichola Kouzes 7. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2702 7a Approval of minutes of the regular City Council meeting of May 16, 2006 7b Approval of minutes of the Special City Council meeting of May 22, 2006 7c Approval of a Preliminary Plat on 22.9 acres for the Heritage Oaks Addition located in the northwest quadrant of Glade Road and Heritage Avenue, Case P-06-023 City of Colleyvifle Page 2 Printed on 5/31/2006 City Council Agenda June 6, 2006 7d Approval of a Final Plat on 4.01 acres for the Heritage Glade Office Park Addition located in the 5100 block of Heritage Avenue, Case P-06-025 7e Amending Resolution R-06-2684 to expand the membership of the Street Capital Improvement Plan (CIP) Committee to 14 members and appoint Jeff Wall to the Committee 7f Approval of a contract with RU2 Systems, Inc., for the purchase and installation of Radar Speed Display Signs, in the amount of $30,150 8. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 8a 0-06-1572 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 8b 0-06-1573 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 9. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 9a 0-06-1574 Approval of a Zoning Change from AG-Agricultural to R30-Single Family Residential on three acres on Lot 1, Block 1 of the Wilson Estate Addition located at 1304 Tinker Road, Case Z-06-003 9b 0-06-1575 Approval of a Special Use Permit for an accessory building on Lot 3, Block 2 of the Apple Valley Addition located at 5105 Apple Valley Drive, Case Z -06-006 9c 0-06-1576 Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 5.39 acres out of the Mary M. Freeman Survey located at 209 and 301 Bandit Trail, Case Z-06-009 9d 0-06-1577 Adopting an annual budget for Fiscal Year 2007 for the Colleyville Crime Control and Prevention District 10. RESOLUTION(S): READING AND PUBLIC HEARING 10a R-06-2703 A resolution of support for naming a United States Navy Ship the USS Fort Worth City of Colleyville Page 3 Printed on 5/31/2006 City Council Agenda June 6, 2006 10b R-06-2704 Approval of extending the FY2005 Water Meter Annual Purchase bid award to B20 & Associates in the amount of $60,569.00 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 12. REPORTS: Colleyville Center Marketing Subcommittee Minutes - April 11, 2005 Colleyville Center Advisory Committee Minutes - February 20, 2006 Sign Board of Appeals Minutes - March 14,2006 Zoning Board of Adjustments Minutes - March 14, 2006 Planning and Zoning Commission Minutes - May 8, 2006 Street Capital Improvement Plan Committee Minutes - May 11, 2006 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 6, 2006 Reading and Public Hearing - Resolution R-06-2705 14. 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 5/31/2006 cee -r("s..,... City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 Requester: Parks and Recreation Department File Name: Discussion of Senior Center Advisory Committee File Type: Pre Council Agenda Date: 06/06/06 Agenda No.: PC-1 Status: Pre Council Controlling Body: City Council Final Action: Attachments: Senior Citizen Advisory Committee Peer Cities Comparison . Proposed Senior Center Advisory Committee and Member Bylaws History of Legislative File Version: Date: Acting Body: Action Text: 06/06/06 City Council Title Discussion of Senior Center Advisory Committee Explanation An active Colleyville senior citizen group that has been meeting since December 2003, has expressed an interest in developing a Senior Center Advisory Committee. This group met formally to prepare a recommendation for City Council consideration. At this meeting the group began to develop a plan to address the goals of a committee, the frequency of meetings, and who would exercise oversight. Staff compared peer cities' Senior Citizen Advisory Committees and developed a table of the comparisons. The research from all the peer cities was shared during a meeting with the senior citizen group. After evaluating all of the other cities information, the group recommends a Senior Center Advisory Committee be developed to act in an advisory capacity to Senior Center staff in matters pertaining to its participants, to help identify the needs of the Senior Center and to enhance the quality of life for the senior population. As the Senior Center facility has not opened and since the Senior Center Advisory Committee would need to be determined prior to the opening of the facility in late summer, the senior citizen group is prepared to elect officers for the inaugural Senior Center Advisory Committee from the existing group. The senior citizen group has drafted a proposed set of Senior Center Advisory Committee and Members Bylaws. After the inaugural Senior Center Advisory Committee's terms expire, the new Senior Center Advisory Committee could be elected as written in the attached proposed Senior Center Advisory Committee and Members Bylaws. City of Colleyville Page 1 Printed on 5/31/2006 Bedford/Hurst Euless Grapevine Keller North South lake Richland Hills Do you have a senior Yes No In house/council Yes Yes Yes committee, advisory appointed board or group that is at the Senior Center? How are they Appointed by N/A Elected/appointed Elected by Elected by Appointed by determined? City Council by City Council members members City Council If elected members, how Two year terms N/A Three year terms Once a year Once a year Two year often? terms Do positions such as Chairperson, N/A President, VP, President, VP, President, President, VP, President, VP, exist? Vice- Secretary and Secretary, VP, Secretary and Chairperson, Treasurer Treasurer, Secretary, Treasurer Secretary Chairpersons Treasurer, of the standing Greeter and committees and Outreach when elected, a Coordinator designated advisory council representative What is the role of the Advisory Only N/A Advisory Only Advisory Only Advisory Advisory group? Only capacity to City Council Does the group have Yes N/A No Yes Yes Yes bylaws? When does the group Quarterly N/A Six times a year at Monthly at the Monthly at Monthly at the meet and where? meetings at the the senior center senior center the senior senior center senior center center Is there a cost $5 resident - $10 No No No $3 monthly No associated with joining or non-resident voluntary utilizing the Senior donation to Center? coffee fund Does the group have a Advisory Group N/A Senior Citizens Senior Council Senior Senior name? Advisory/Seniors Council Advisory Advisory Council Commission Does the group solicit They do not N/A They do not solicit Staff solicits Staff solicits Steering donations and/or hold solicit donations, donations. The donations donations. Committee fund raisers? fundraiser once center has a good Fundraisers does the or twice a year budgeUFriends of are bake soliciting of to raffle a quilt Grapevine help/non sale and donations and profit groups white fund raisers elephant sale What is the (City's) staff Center N/A Center Director Liaison, Center Liaison, Liaison, role to the group? Staff Supervisor, City attends the Supervisor Center Center Title Council (Bedford meeting, post Supervisor Supervisor, only) Hurst staff agendas and other Director and works with duties Duty Director seniors , Staff does a large part of the administrative duties. SENIOR CENTER ADVISORY COMMITIEE PEER CITIES COMPARISON PROPOSED Senior Center Advisory Committee and Member Bylaws Purpose The purpose of the Senior Center Advisory Committee shall be to act in an advisory capacity to the Senior Center staff in matters pertaining to its participants, to help identify the needs of the senior citizens and enhance their quality of life and to use all available resources to inform senior citizens of community activities and services. OrQanization The Colleyville Parks and Recreation staff is responsible for the formulation of the policies for the management of the Senior Center. The Senior Center staff is responsible for managing the day to day operation of the Senior Center. A $2 annual membership fee is required to become a voting member. Membership is not required to participate in activities. Members at the Senior Center shall elect the Senior Center Advisory Committee each year at the annual meeting. The elected members of the Senior Center Advisory Committee shall be responsible for helping the Senior Center staff through recommendations from the regular participants. It is the Senior Center Advisory Committee's responsibility to encourage Senior Center participants to make suggestions for activities and programs, to be aware of the needs and wishes of Senior Center participants, to assist Senior Center staff in evaluating the effectiveness of programs and to help in establishing clear lines of communication. The Senior Center Advisory Committee may also give suggestions on Senior Center equipment, fee schedules for Senior Center activities and days and hours of operation. MeetinQs The Senior Center Advisory Committee shall meet monthly and when special meetings are called. The Chair and Senior Center staff may call special meetings of the Senior Center Advisory Committee provided adequate notice is posted on the bulletin boards and regular participants are notified. All called meetings shall pertain only to that business which has been listed in the posted meeting notice. Both called and regular meetings will be open to all participants. The Senior Center staff will attend all Senior Center Advisory Committee meetings and those of any standing committee as requested. The Senior Center Advisory Committee will meet before the annual participants meeting. The Chair will set the time. The purpose of the Senior Center Advisory Committee meeting is to formulate an agenda for the annual meeting and to conduct any other necessary business. Other regular participant meetings may also be set by the Senior Center Advisory Committee and the participants must be notified of the date and time as required. The Chair must notify the participants of cancelled or rescheduled meetings and notify them of new date and time. Senior Center Advisory Committee OrQanization The Committee shall consist of seven members who are residents of Colleyville. All members of the Senior Center Advisory Committee shall be voting participants. Senior Center Advisory Committee members will be elected to a one year term and may not serve more than two consecutive terms. Three members of the inaugural committee will serve two year terms and a drawing will be held to determine who will serve the two year terms. Senior Center Advisory Committee Officers The Senior Center Advisory Committee shall have the following: Chair, Vice- Chair, Secretary/Treasurer and four other members. Chair 1. Shall preside at all meetings. 2. May call special meetings (in consultation with the Senior Center staff) provided a posted 5 day notice is given and all Senior Center Advisory Committee members are notified. 3. Shall appoint special committee chairs as necessary. 4. Shall serve as an ex-officio participant of all committees with the exception of the Nominating Committee. Vice-Chair 1. Shall perform all duties of the Chair in his/her absence. 2. Shall keep attendance records of the Senior Center Advisory Committee meetings that will be on file in the Senior Center office at all times. 3. Shall perform other duties as assigned. Secretary IT reasu rer 1. Shall keep minutes of all meetings. 2. Shall be responsible for maintaining file copies of all Senior Center Advisory Committee Meetings in the Senior Center office. 3. Shall perform other secretarial duties as assigned. 4. Shall keep accurate records of all monies donated, collected, or dispersed from all Senior Center funds (not general fund budget). 5. Shall see that a receipt is received before reimbursement is made. 6. Shall prepare a monthly Senior Center Funds Financial Report and forward to the Chair for all checking and savings accounts following receipt and balancing of all monthly bank statements. StandinQ Committee Chairs All Standing Committee Chairs shall be nominated by the Nominating Committee and elected by Senior Center members. No Standing Committee Chair shall receive compensation for services in performance of their duties. Standing Committee Chairs have the following responsibilities: 1. Holding Standing Committee meetings as necessary. 2. Bringing the committee recommendations to the Senior Center Advisory Committee for approval by the Committee and Senior Center staff. 3. Presenting recommendations approved by the Senior Center Advisory Committee to the monthly participants meeting for approval by the members. NominatinQ Committee The Nominating Committee is responsible for submitting a slate of members for annual Senior Center Advisory Committee election and for submitting nominations for vacancies that may occur throughout the year. Committee Composition 1. Three (3) members (a chair and two members) to be nominated and elected by the members or current participants of the Nominating Committee. 2. No officer, Standing Committee Chair, or the designated Senior Center Advisory Committee member just completing two (2) consecutive terms in any office, may be eligible for election to the Nominating Committee. 3. No participant of the Nominating Committee shall serve more than two (2) consecutive one (1) year terms. Volunteer Committee The Volunteer Standing Committee is responsible for maintenance of volunteer hours of Center participants, including the following responsibilities: 1. Distributing volunteer time sheets to all Senior Center volunteers. 2. Instructing how to complete a monthly time sheet to volunteers. 3. Tabulating of volunteer time sheets each month. 4. Forwarding of time sheets to Senior Center staff at the end of the month. Elections On the first meeting following the annual meeting, the members of the Senior Center Advisory Committee will elect officers. Amendments A special meeting may be called to amend these bylaws. Proposed amendments to the bylaws must be approved by a quorum vote of the Senior Center Advisory Committee. Tuesday, June 06, 2006 Honorable Council Members: I would estimate that fully eighty per cent (80%) of Colleyville residents who are over the age of sixty (60) have never been in the existing facility on L.D. Lockett nor have they ever attended one of the senior luncheons at the Colleyville Center. With the new larger facility; there should be a concentrated effort to get more of Colleyville's senior citizens involved in the use of the facility. You may remember that on a Saturday morning thirty-two months ago (on Oct 4,2003) there was a forum on the needs and concerns of senior citizens of Colleyville. At that forum the number one priority was to have a larger updated facility --- As I remember this was followed by "centralized location and transportation concerns". Tied for third priority in Group One was "Need better marketing about programs and facility" . It is my opinion that this council now has an opportunity to help this "marketing" effort by appointing some members to the "Inaugural Senior Center Advisory Committee" from citizens who are NOT members of what your briefing packet refers to as "The Existing Group" . This proposal in no way is intended to suggest that any member of the "existing group" would not act in a manner that they believe to be the best interest of all senior citizens - BUT this new facility needs some new ideas and perhaps some "thinking g outside the box" (and not just ideas that may be reaction to what has been experienced in the past). I would like to suggest that the council establish the number of Senior Center Advisory Committee members to be seven (7). I also suggest that the council ask "the existing group" to nominate three (3) individuals to serve on the inaugural committee and that the individual council members suggest other individuals and then the council appoint a committee consisting of seven (7). Furthermore, I suggest that the "Inaugural Senior Center Advisory Committee" elect officers from among the appointed members rather than letting the "existing group" elect officers as described in your briefing packet. Respectfully Suggested "OM, ~~ Joe M. Deupree ~;:.~t.:~~!.: "~.",,.,.-:.;:::..~..;;;>, .. ""'iiml""'<~-'~1'~ ';:;('1.;; 'Ii"~~..~~::;:'*' !A3~.:~. .,~:-,;::;..';! . ~ .r~~-;~/< City of Colleyvi lie Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/06/06 Agenda No.: PC-2 Controlling Body: City Council Final Action: Requester: Office of the City Secretary File Name: Discussion of a computer training session for the City Council Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Discussion of a computer training session for the City Council Explanation The City Council desires to implement a paperless City Council agenda packet. To facilitate this process, Council determined during the May 16, 2006 Pre Council meeting, that a pilot program would be conducted to assess the use of laptop computers during Pre Council and Council meetings. Staff is proposing that a computer training session be conducted June 20, 2006, in the Executive Conference Room from 5:30 p.m. to 7:00 p.m. The Pre Council meeting would be held 7:00 to 7:15 p.m. and Executive Session 7:15 to 7:30 p.m. on June 20, 2006. City of Colleyville Page 1 Printed on 5/31/2006 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: 06/06/06 Requester: Budget and Agenda No.: PC-3 Administrative Services File Name: Discussion of selecting tentative dates to meet with GCISD Board of Directors, Colleyville Area Chamber of Commerce and the CofJeyville Parks and Recreation Advisory Board Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Discussion of selecting tentative dates to meet with GCISD Board of Directors, Colleyville Area Chamber of Commerce and the Colleyville Parks and Recreation Advisory Board Explanation This item is provided as an opportunity for the City Council to consider possible meeting dates for separate meetings with the GCISD Board of Directors, Colleyville Area Chamber of Commerce and the Colleyville Parks and Recreation Advisory Board. City of Colleyville Page 1 Printed on 5/31/2006 _~,?'<(,~ :'~:~~~~~:~~~:"~:J "';j.o;" '=~.~.i~ .,.. f' ......~.~.....~....,..... .i)L"A .1. ..il\~: }J:!.t) .:--h~.~~~: 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: 06/06/06 Requester: Budget and Agenda No.: PC-4 Administrative Services File Name: Discussion of selecting a revised date for City Council Budget Planning Retreat Attachments: FY07 Budget Calendar.doc History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Discussion of selecting a revised date for City Council Budget Planning Retreat Explanation This item is provided as an opportunity for City Council to discuss revised dates for the City Council Budget Planning Retreat currently scheduled for June 8 and 9. Attached is a copy of the current FY07 Budget Calendar. City of Colleyville Page 1 Printed on 5/3112006 Tuesday, February 21 (7:30 pm) Wednesday, March 15 (8:00 am) Wednesday, April 12 (6:30 pm) Thursday, June 8 (6:00 pm) Friday, June 9 (Noon) Tuesday, June 20 (6:30 pm) Friday, July 28 (5:00 pm) Thursday, August 3 (6:00 pm) Friday, August 4 (Noon) Saturday, August 12 (9:00 am to 10:30 am) Thursday, August 17 (6:00 pm) Friday, August 18 (Noon) Tuesday,August22 (6:30 pm) Tuesday, August 22 (7:00 pm) Tuesday, September 5 (7:30 pm) Tuesday, September 19 (7:30 pm) Updated: 5/26/2006 CITY OF COLLEYVILLE FY 2007 BUDGET CALENDAR City Council Approves FY2007 Budget Schedule Presentation of the FY 2007 Budget Schedule at the City Council Candidate Orientation (Executive Conference Room - City Hall) FY 2006 Mid-Year Budget Update and Receive City Council Direction in Preparing the FY 2007 Budget (Executive Conference Room - City Hall) FY 2007 City Council Planning and Budget Worksession (Executive Conference Room - City Hall) Consider Approval of the FY 2007 CCCPD Budget City Manager's Proposed FY 2007 Budget Distributed to City Council City Council Budget Worksession (Executive Conference Room - City Hall) Community Budget Education Day (Colleyville Center) Tentative City Council Budget Worksession - to be determined (Executive Conference Room - City Hall) Consider Approval of the FY 2007 CEDC Budget (City Council Chamber - City Hall) City Council Consider a Vote of Intent to Adjust the Tax Rate - as needed (City Council Chamber - City Hall) First Reading and Public Hearing for the FY 2007 Budget (City Council Chamber - City Hall) Second Reading, Public Hearing and Consider Adoption of the FY 2007 Budget (City Council Chamber - City Hall) . -"<.'xa<!t 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: Discussion of the June 6, 2006, City Council regular agenda items File Type: Pre Council Agenda Date: 06/06/06 Agenda No.: PC-5 Status: Pre Council Controlling Body: City Council Final Action: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Discussion of the June 6, 2006, City Council regular agenda items City of Colleyville Page 1 Printed on 5/26/2006 . 1i.:.~X<\'" City of Colleyville Agenda Briefing 100 Main Street Colleyville. Texas 76034 (817) 503-1000 www.colleyville.com Requester: Office of the City Secretary File Name: Executive Session - June 6,2006 File Type: Executive Session Status: Executive Session Agenda Date: 06/06/06 Controlling Body: City Council Agenda No.: 1 Final Action: File Number: Version: 1 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 06/06/06 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 Colleyvi/le Page 1 Printed on 511812006 RESOLUTION R-06-2701 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 6, 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 ABSTENTIONS 2006. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor c. ~IX..\'io City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Requester: Office of the City Secretary File Name: Administration of the Oath of Office to Councilmembers, Places 3, 4, 5 and 6 File Type: Oath of Office Agenda Date: 06/06/06 Agenda No.: 3 Status: Oath of Office File Number: Version: 1 Controlling Body: City Council Final Action: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Administration of the Oath of Office to Councilmembers, Places 3, 4, 5 and 6 Explanation City Secretary Cynthia Singleton will administer the Oath of Office to Councilmembers, Places 3, 4, 5 and 6. City of Colleyvi/le Page 1 Printed on 5/3112006 cew '1\.'x..,;.;. City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 File Type: Reception Status: Reception Controlling Body: City Council Final Action: Requester: Office of the City Secretary File Name: Reception for Councilmembers Agenda Date: 06/06/06 Agenda No.: 4 Attachments: History of Legislative File Version: Date: Acting Body: 1 06/06/06 City Council Title Reception for Councilmembers Explanation Immediately following the Oath of Office, there will be a reception in the Council Chambers honoring the Councilmembers. City of Colleyville Page 1 Printed on 511812006 cee lbS:tlq. City of Colleyville Agenda Briefing 100 Main Street Colleyville. Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Election of Mayor Pro Tern Status: Election of Mayor Pro Tem Controlling Body: City Council Final Action: Version: 1 Agenda Date: 06/06/06 Agenda No.: 5 Requester: Office of the City Secretary File Name: Election of Mayor Pro Tem Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Election of Mayor Pro T em Explanation This item is provided in accordance with the City of Colleyville Charter, Section 3.06(B), for the purpose of electing from among the Council, a Mayor Pro Tem, who shall serve for the term of one (1) year. City of Colleyville Page 1 Printed on 5131/2006 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: 06/06/06 Agenda No.: 6a June 6, 2006 Proclamation Requester: File Name: Attachments: Nichola Kouzes Day Proclamation History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Proclamation - Declaring June 7,2006 as Nichola Kouzes Day in Colleyville - Nichola Kouzes City of Colleyville Page 1 Printed on 5/3112006 roclamation CITY OF Colleyville, Texas WHEREAS: Nichola Kouzes, daughter of Steve and Kyle Kouzes, has distinguished herself among her peers as a leader and role model; and WHEREAS, Nichola has been singing Country, Pop, and Rhythm and Blues since the age of seven; having performed at the Grapevine Opry, Six Flags Over Texas, Billy Bob's, Johnnie High's Country Music Revue, Radio Disney and numerous other venues; and WHEREAS, Nichola entertains young and old alike by visiting children's hospitals, senior centers and nursing care facilities; and WHEREAS, Nichola has earned numerous recognitions for her talents and contributions to her community; and WHEREAS, Nichola was selected to receive the 2006 VSA arts International Young Soloist Award; and WHEREAS, Nichola, age 14, is the youngest recipient of the VSA arts awards, selected from over 100 international entries and afforded her the opportunity to perform in the Family Theater at the John F. Kennedy Center for the Performing Arts in Washington, D.C. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and the citizens of Colleyville, do hereby proclaim June 7, 2006 as NICHOLA KOUZES DAY in the City of Colleyville, and call upon our citizens to congratulate Nichola and encourage her to continue developing her talents and contributing to her community. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 6" day of June 20~~/ Mayor ce1e Texas RESOLUTION R-06-2702 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JUNE 6, 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 16, 2006 b. Approval of minutes of the Special City Council meeting of May 22, 2006 c. Approval of a Preliminary Plat on 22.9 acres for the Heritage Oaks Addition located in the northwest quadrant of Glade Road and Heritage Avenue, Case P-06-023 d. Approval of a Final Plat on 4.01 acres for the Heritage Glade Office Park Addition located in the 5100 block of Heritage Avenue, Case P-06-025 e. Amending Resolution R-06-2684 to expand the membership of the Street Capital Improvement Plan (CIP) Committee to 14 members and appoint Jeff Wall to the Committee f. Approval of a contract with RU2 Systems, Inc., for the purchase and installation of Radar Speed Display Signs, in the amount of $30,150 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF AYES, NAYS AND 2006. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor MINUTES OF THE CITY COUNCIL MEETING MAY 16, 2006 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 16, 2006, at 5:36 p.m. ROLL CALL: Councilpersons George Boll, Rich Hendler and Tom Hart were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Police Chief Tommy Ingram, Lieutenant Rodney Cunningham, Community Development Manager Barry LeBaron, Public Works Director Steve Chutchian, Network Administrator Chris Pena, Budget and Administrative Services Manager Stephen Seidel, City Attorneys Matthew Boyle and Kristy Orr and City Secretary Cynthia Singleton were also present. Councilman Tony Licata and Mayor Pro Tem Ayers were absent. Due to a lack of a quorum, the meeting was adjourned at 5:38 p.m. City Attorney Matthew Boyle stated that the meeting may be reconvened at the earlier of either the arrival of a quorum or the regular scheduled meeting. Mayor Pro Tem Ayers arrived at 6:40 p.m. and the Pre Council meeting was reconvened at 6:46 p.m. PC-1. Discussion of Warrant Officer Program Council determined that staff should proceed with the Warrant Officer Program. PC-2. Presentation of the Monthly Financial Report - April 2006 This item was not discussed. PC-3. Discussion of implementing a paperless City Council agenda packet CITY COUNCIL MINUTES MAY 16, 2006 City Secretary Cynthia Singleton provided an overview of the options to consider for implementation of a paperless City Council agenda packet. Network Administrator Chris Pena demonstrated the note taking features of the laptop computer. City Manager Bill Lindley presented information regarding a pilot program, in which Council members would utilize a paperless agenda packet and test the functionality of laptop computers for use at home and City Hall, provided the cost to implement the pilot program and answered questions of the Council. Council determined that the pilot program would be implemented for the full Council for ninety days. PC-4. Discussion of the May 16, 2006, City Council regular agenda items The meeting was adjourned prior to this item being discussed. There being no further business, Mayor David Kelly declared the Pre Council meeting adjourned at 7:21 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 16, 2006, at 7:25 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, Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Project Engineer Chad Bartee, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Library Director Mary Rodne, Adult Services Librarian Erica Gill, Parks and Recreation Director Monica Walsh, Operations Manager Kelly Howell, Water Superintendent Ken Tywater, Equipment Operator James Watkins, Budget and Administrative Services Manager Stephen Seidel, Communications Manager Mona Gandy, City Attorneys Matthew Boyle and Kristy Orr and City Secretary Cynthia Singleton were also present. Councilman Tony Licata was absent. 2 CITY COUNCIL MINUTES MAY 16, 2006 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Brian K. Meroney vs. City of Colleyville Legal - George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of Colleyville, Texas Legal - Potential Litigation - Marketing Management Incorporated, Professional Services, Inc., (MMI) and Citizen Centric Solutions (CCS) Property - Deliberate the purchase, lease, exchange or value of real property 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 7:26 p.m. and reconvened at 7:45 p.m. The invocation was given by Youth Pastor Jeff Strickland of Colleyville Assembly of God and City Attorney Matthew Boyle led the Pledge of Allegiance. EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-06-2697 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 this is the last City Council meeting for Assistant City Manager Paul Frederiksen who has accepted a position with the Las Colinas Association. Mr. Frederiksen has been instrumental in the development of a new web site, the planning of the new fire stations and the Senior Center. 3 CITY COUNCIL MINUTES MAY 16, 2006 Mayor Kelly congratulated City Secretary Cynthia Singleton for receiving the Certified Municipal Clerk certification from the International Institute of Municipal Clerks and expressed appreciation for the dedication to professional development. Mayor Kelly invited citizens to participate in a community demolition project at the Senior Center, 2512 Glade Road, on May 20, 2006. Mayor Kelly read the Special City Council meeting minutes of August 26, 1969 and regular City Council meeting minutes of May 13, 1969, as a tribute to the City of Colleyville 50th anniversary. Mayor Kelly presented a Proclamation to Police Chief Tommy Ingram in recognition of Police Memorial Week and Reserve Officer Dennis Harrell killed in the line of duty. Police Chief Ingram expressed appreciation for the recognition and remembered those that protect our country and our community on a daily basis, and honored Reserve Officer Dennis Harrell, who died in the line of duty. Mayor Kelly presented a Proclamation to Public Works Director Steve Chutchian in recognition of National Public Works Week. Public Works Director Steve Chutchian introduced Public Works employees, Ken Tywater, Water Superintendent, Chad Bartee, Project Engineer, Kelly Howell, Operations Manager and James Watkins, Equipment Operator and presented the City Council with Public Works' caps. Mayor Kelly presented a Proclamation to Library Director Mary Rodne and Adult Services Librarian Erica Gill in recognition of One Book One Community. Library Director Mary Rodne expressed appreciation to the Mayor and Council for support of the program, invited citizens to participate in the first One Book One Community event, "Northeast Tarrant Reads Isaac's Storm" and presented the Mayor with a copy of the book. Mayor Kelly presented a Proclamation to Head Coach Ray DeBord in recognition of Covenant Christian Academy Lady Cougars Basketball T APPS 2A State Championship and recognized Lady Cougars Julia Stallard, Caitlin Williams, Amenemope McKinney, Allison Stallard, Caitlin Tanner, Lauren Williams, Bonnie Chipman, Katelyn Kirkpatrick, Sarah Auld, Alex Bryant, Amanda Mitchell and Coaches Diana DeBord, Cindy Taylor and Jill Stallard, and Team Managers Victoria Shaw, Jessica Darby and Audra Fulp. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2698 4a Approval of minutes of the regular City Council meeting of May 2, 2006 4 CITY COUNCIL MINUTES MAY 16, 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 Colleyville Senior Citizen 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 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 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 Mayor Kelly read Resolution R-06-2698 in its entirety. Mayor Kelly opened the public hearing. Mr. Jim Moore, 1416 Glade Road, spoke regarding the reconstruction of the Senior Center and in favor of the proposed Resolution. There were no others present wishing to speak and Mayor Kelly closed the public hearing. City Manager Bill Lindley stated that the timeline for completion of the project is approximately sixty days. Councilman Boll moved to approve Resolution R-06-2698. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 5 CITY COUNCIL MINUTES MAY 16,2006 5. ORDINANCE(S): 5a. SECOND 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. Mary Maloney, SOO E. Border Street, Arlington, Texas, Atmos Energy representative, spoke in opposition to the proposed Ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-06-1571. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried 6. ORDINANCE(S): 6a. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1572 - 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 Mayor Kelly read the caption of Ordinance 0-06-1572. Community Development Manager Barry LeBaron provided an overview of the request for the Special Use Permit for outdoor storage and outlined the requirements recommended by the Planning and Zoning Commission. Mayor Kelly opened the public hearing. 6 CITY COUNCIL MINUTES MAY 16, 2006 Mr. Jim Graham, 6616 McMaken Court, referenced an e-mail from Mr. Anderson, spoke regarding past actions of the City Council, home values, and spoke in opposition to the proposed Ordinance and outlined additional provisions if the request is approved. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the type of businesses allowed under the proposed zoning, access points and drainage plans. 6b. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1573 - 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-006- 008 Mayor Kelly read the caption of Ordinance 0-06-1573. Community Development Director Barry LeBaron provided an overview of the proposed zoning request and stated that a super majority vote by the City Council is required to approve the request as the percentage of land area covered by the letters of opposition exceeds the minimum twenty percent threshold. Mr. Mark Tolson, GTF Design, 8251 Bedford Euless Road, North Richland Hills, Texas, architect, spoke regarding the facility design, site plan, potential tax revenue and type of resident care. Mayor Kelly opened the public hearing. Ms. Charlotte Sanders, 5508 Winding Trail, spoke in opposition to the proposed ordinance and regarding the impact on home values. Mr. Austin Campbell, 600 Jamboree, Euless, Texas, representing Ms. Billie Sanders, spoke in opposition to the proposed ordinance and regarding restrictive covenants. Mr. Sean Lucart, 2504 Kings Court, spoke in favor of the proposed ordinance and regarding concerns if the zoning is approved and the property development plan changes. Mr. Frank Yin, 2501 Kings Court, spoke in opposition to the proposed zoning and regarding the impact of the proposed zoning on home values. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 7 CITY COUNCIL MINUTES MAY 16, 2006 Discussion ensued regarding the process and responsibility for resolving conflicts related to restrictive covenants. City Attorney Matthew Boyle stated that "from the City's perspective, we are legally prohibited from entangling ourselves in those private property disputes between those rights holders." Mr. Tolson stated that the applicant is working with property owners to resolve any conflicts related to restrictive covenants. Discussion ensued regarding stipulations that will address the future use of the property. Mr. Steven Vick, 4232 San Carlos, Dallas, Texas, CEO, Signature Senior Living, spoke regarding experience in the development and management of senior living properties, spoke regarding the medical transport of residents and answered questions of the Council. 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. PARKS AND RECREATION ADVISORY BOARD MINUTES - April 3, 2006 LIBRARY BOARD MINUTES - April 10, 2006 PLANNING AND ZONING COMMISSION MINUTES - April 24, 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 15, 2006 - Reading and Public Hearing - Resolution R-06-2699 ADJOURNMENT 10. ADJOURNMENT 8 CITY COUNCIL MINUTES MAY 16, 2006 There being no further business before the City Council, Councilman Boll moved to adjourn. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Boll, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 8:51 p.m. APPROVED BY A VOTE OF ABSTENTIONS THIS THE AYES, DAY OF NAYS AND 2006. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 9 MINUTES OF THE SPECIAL COLLEYVILLE CITY COUNCIL MEETING MAY 22, 2006 The Special meeting of the Colleyville City Council was called to order by Mayor Kelly on May 22, 2006, at 6:00 p.m. ROLL CALL: Councilpersons George Boll and Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley and City Secretary Cynthia Singleton were also present. Councilmembers Tony Licata and Rich Hendler were absent. 2. READING AND PUBLIC HEARING - Resolution R-06-2700 - Canvassing the City of Colleyville General Election for Councilmembers, Places 3, 4, 5 and 6 held May 13, 2006 Mayor Kelly opened the public hearing and read Resolution R-06-2700 in its entirety. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-06-2700. Councilman Boll seconded the motion. Ayes: Councilpersons Boll and Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 3. ADJOURNMENT There being no further business before the City Council, Councilman Hart moved to adjourn. CITY COUNCIL SPECIAL MEETING MINUTES MAY 22, 2006 Councilman Boll seconded the motion. Ayes: Councilpersons Boll and Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 6:02 p.m. APPROVED THIS DAY OF AYES, NAYS AND ABSTENTIONS. 2006, BY A VOTE OF Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 2 : ~~:~t.~~(. ,'r.''';-:"':::;~':' f' %.:i>:.^m':~.':'.:;~...~.';~;1O {t"A~~' ..."t~~;~;) -. 'h~~~/~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 File Type: Resolution Status: Consent Agenda Controlling Body: City Council Final Action: Requester: Community Development Department File Name: Approval of a Preliminary Plat on 22.9 acres for the Heritage Oaks Addition located in the northwest quadrant of Glade Road and Heritage Avenue, Case P-06-023 Agenda Date: 06/06/06 ~genda No.: 7c Attachments: Zoning and Location Map. Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 05/08/06 Planning and Zoning Commission 1 06/06/06 City Council Title Approval of a Preliminary Plat on 22.9 acres for the Heritage Oaks Addition located in the northwest quadrant of Glade Road and Heritage Avenue, Case P-06-023 Explanation Reading and Public Hearing Mady Development Corporation is the owner and developer of a 22.9-acre tract of land located near the northwest corner of the intersection of Glade Road and Heritage Avenue. The developer has submitted a preliminary plat, which will subdivide the property into 124 residential lots for the construction of single-family attached townhomes. In a townhome development, each dwelling unit is situated on its own platted lot to allow for individual ownership. An individual townhome is a part of a larger building that contains three or more attached townhome dwelling units. The Planning and Zoning Commission approved the preliminary plat at the May 8, 2006 meeting. Since the plat contains more than four lots, the plat also requires the approval of the City Council. Zoning. The proposed plat area is zoned PUDR- Planned Unit Development Residential. The PUDR zoning was approved by the City Council on March 21, 2006 with the approval of Ordinance 0-06-1567, which contains several development standards. The preliminary plat has been reviewed with the standards of the Land Development Code and the standards contained in the PUDR ordinance for this development. City of Colleyville Page 1 Printed on 5/31/2006 Agenda Briefing Continued The minimum lot size required in this PUDR is 2,700 square feet. All of the lots satisfy this requirement. The development is required by the PUDR ordinance to provide not less than 25 percent common open space. The proposed preliminary plat provides 32.5 percent open space or the equivalent of 7.39 acres. Sidewalks and Trails. The Colleyville Pathways Plan requires a ten foot wide trail along the north side of Glade Road. The developer will construct the applicable sections of trail as a part of the public improvements for this development. The developer plans to include a trail connection from the internal portion of the development to the Glade Road trail section. There is an existing ten foot-wide trail along the western side of Heritage Avenue, which extends across the frontage of this development. Additionally, the developer will be providing internal sidewalks to the development for each lot. The internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least four feet wide. Drainage Improvements. The applicant has submitted a preliminary drainage plan for the development, which has been reviewed and accepted by the Engineering Department. Construction plans for the drainage improvements will be included with the submittal of the final plat. The preliminary drainage plan indicates the development will utilize on-site detention to accommodate stormwater related to this development. Perimeter Street Improvement Requirements. Perimeter street improvements are required for Glade Road. The developer's portion of the costs for infrastructure improvements 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. Perimeter street improvements are not required for the frontage adjacent to Heritage Avenue since it is considered an improved street and currently meets design standards. Gated Development. The proposed development is designed to be a gated addition with private roads fronting each of the town home lots. The final plat document will designate the internal streets as private roads. The preliminary plat contains the required notation stating the Homeowners Association (HOA) is responsible for the on-going maintenance of the private roads. This notation will be included on the final plat as well. The applicant has been notified to submit the required HOA documents for review by the City Attorney to ensure that they conform to applicable City policies prior to being filed with the County Clerk's office. Tree Survey and Replacement Requirements. Aerial photos of the site show considerable tree coverage on this property, although a significant number of trees have died from standing water associated with the existing pond on the property. The developer has conducted an extensive tree survey of the site and has prepared a significant tree study. City of Colleyville Page 2 Printed on 5/3112006 Agenda Briefing Continued The street layout and arrangement of lots on the preliminary plat have been configured purposely to preserve the significant trees on the property. Upon approval of the final plat and prior to ay site grading, the developer will submit a tree replacement plan for the non-exempt trees that are scheduled for removal. Parkland Dedication Fees. The developer has acknowledged that parkland dedication fees are due at the time of approval of the final plat. The fees for residential uses are $1,802 per residential lot. Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of the request at the May 8, 2006 meeting 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 5/31/2006 Zoning and Location Map -to.ge Jle-rit(lge pI 1le'fl: school Middle -------------- PUD-R ,.. \ I I '--- I I c1~ '1 G\ -1 I Subject Property Plat '_"i"~.. wi ~ ~ .....~ir- "f _~ -- oftt.=. ~Ir, ' ..-! ., ~-:Jil:1 ~.'"'-c -':11 "I -."C ':i'''I"U -C,I:I 'c. 'I 'H' ~[) .~ ~, .' ~_ I... _....!.._ _folI!.._U ~.~ ' ~,.t iI I' ~ 7' ..-- ~ ''''''::,.//.''L J ,-.~ .., ~ - -~ I ~ --------41... ~~ 'W"./ ,...---"!EP-<I- 5 d ! .;.... V r ~~ f ~... ~"'l':/i C~.....~ ,,~aI r! ~ ~~ / - -- -,q 1,1' e: 01 ~ C -: cl .c ~.. ~.... ~j"~ JfiJ; / ~ :: -;q 2~ ~r.. '1 ~ -:- ,U J) _?J: · II ~ -:: .... "-:11& -:"Ilf L~.~ ' 'wi'. -A." ~ ~,' .t ... -: I ~ ~~ , ~ .... IJ I i :; .t~.I:" I ~ T -:- J!l !Ii .::. '1 . --, .-I ~., ". "I ~ ~ ~ ,-: . -:-;1 , !III' I ~ 1""1'.. ";. "io:;..."' .~. ".... ~:. C; "='.' dI 'c --. II ~. tl~j~~;;'. !:..M.e. .1 & r -. ' ~. ...-~ r, , ' .1.. ""1 '1'":',. ' ~ _(t I ~ r,:i '1:3~'h -;._ ":_l_ ~!'j "~L-- · ~ ';' l~(-~- wrrm\~~F~ '-~]l \ !.,. ~~,i~,!,~1- . ..; I....:;:, l ~~'\'~ ....." :;. ~ ~U' ! · ~Il ~ ';J i~ w i; ~ ;. ~--=---~ ''";'' ~ : ,.:.. - ~"lU. ~ --:--' I .., 1 ~ I ~------_~~--4-:- 4 ... -- ~ I , ---. i!1 J: ":" i, ~;;?" ~ -"::-::l':"lD". ,~ !j':: mol:*" -f: - - '""', ~~ .. _', , ., , , II : :11'1' ,I II .1.1 ,CI ", -:...~c- l-vr-i.:' ,', L .1....' ".., :t ..~~'r ---- ~ . -.. i .. . -- I:.:r '" '= : n." I...... '" .. '::" I, L__ _ __'!___ _........._ Iii', _\,ooG," W ........ II' ,'[rr .=': ==- J-"" _w ' '-; " ~ -:::.=- ~ ~ , ~ W~ 1 R~ t.i ..:t.~ ~ .1" ~ .:~ h t; ~ "il ...;;..~ II ei7 ~ II .-1_ ... .'la. 'lWo':It. ..-=::t - <> ....J:.~ r.n r= JI ~.~~ ~ -l-- , , tLMIllillfIlI --- cw..,. I_qww cw.-nu" c-.. ..............., . -.~,?~!.~:~.~:!~.:;~,: ..:;-~.:.::.. /...n...~~"";:" "'''(ti"=.. "";':~'~N"^. ....., .... ..~'.~.~....."~.~".~.>.,...,. .....~' %L,f:\ ;~;. Y'~ ,'J:~"I . ':i;Z~:: City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 File Type: Resolution Status: Consent Agenda Controlling Body: City Council Requester: Community Development Department File Name: Approval of a Final Plat on 4.01 acres for the Heritage Glade Office Park Addition located in the 5100 block of Heritage Avenue, Case P-06-025 Agenda Date: 06/06/06 Agenda No.: 7d Final Action: P.ttachments: Zoning and Location Map. Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 OS/22/06 Planning and Zoning Commission 1 06/06/06 City Council Title Approval of a Final Plat on 4.01 acres for the Heritage Glade Office Park Addition located in the 5100 block of Heritage Avenue, Case P-06-025 Explanation Reading and Public Hearing Tim Thompson, representing Realty Capital Heritage Glade, the owners of the subject property, has submitted a final 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. The Planning and Zoning Commission approved the plat at the May 22, 2006 meeting. Since the plat contains more than four lots, the plat requires the approval of the City Council. 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. The Colleyville Pathways Plan does not require trail facilities for this property. Sidewalks currently exist along the east side of Heritage Avenue. Drainage Improvements. This development is an extension of the Glade Points Addition located to the east and is included in the master drainage plan for the development. The City of Colleyvi/le Page 1 Printed on 5/25/2006 Agenda Briefing Continued developer's engineer has submitted construction plans for the drainage system improvements, which have been reviewed and determined to be consistent with the requirements of the Colleyville Land Development Code. 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 gathering 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 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 there are no plans to construct multiple buildings on a single lot, but has acknowledged the Fire Marshal's comments. Summary. With the exception of the lot size waiver request, the proposed development appears to satisfy the platting requirements of the Land Development Code. Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of the request at the May 8,2006 meeting 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 2 Printed on 5/25/2006 Zoning and Location Map D NORTH Subject Tract I . '"'l:7 ):> CD -0 .... ::::0 :' ....... . : -.:I o . . . o . . N) Q OJ en .... -- ,.... ,...., c-:a c::I =I. 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Telephone No Address 11 ." I " '.;7 ( 7' " I(.Q /iJ/{) -..I wish to address the City Counci .:::..~-;",. --I. r I ,P \{ ,/ .;'.:..:'! ...... r v'l __:.,'l ,/ . , t,I on the following subject: I I IP v /1 Date I ('" / ' I l.~ ! b /~. .?C) b SPEAKER CARD c. 7t.x~.,;. City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 File Type: Resolution Status: Consent Agenda Requester: Office of the City Secretary File Name: Amending Resolution R-06-2684 to expand the membership of the Street Capital Improvement Plan (CIP) Committee to 14 members and appoint Jeff Wall to the Committee Agenda Date: 06/06/06 Agenda No.: 7e Controlling Body: City Council Final Action: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Amending Resolution R-06-2684 to expand the membership of the Street Capital Improvement Plan (CIP) Committee to 14 members and appoint Jeff Wall to the Committee Explanation On April 4, 2006, the City Council established the Street Capital Improvement Plan (CIP) Committee and appointed members. The Committee consists of thirteen members: six citizen appointments, individually selected by the Mayor and Councilmembers, the Chairpersons from the Planning and Zoning Commission, the SH26 Advisory Committee, the Sidewalk Committee and the Traffic Safety Advisory Committee, and three at-large positions nominated by the Mayor and Councilmembers. On May 13, 2006, a General Election was held for the purpose of electing Councilmembers to Places 3, 4, 5 and 6. Incumbents were re-elected to Places 3, 4 and 5. Mike Taylor was elected to serve as Councilmember, Place 6. This item provides for Councilman Taylor to appoint a citizen to the Street Capital Improvement Plan (CIP) Committee. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 5/31/2006 + ""'<'X~""'; City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 Requester: File Type: Resolution Status: Consent Agenda Controlling Body: City Council File Name: Public Works Department Approval of a contract with RU2 Systems, Inc., for the Purchase and Installation of Radar Speed Display Signs, in the amount of $30,150 RU2 Systems Quote . All Speed Management Quote Agenda Date: 06/06/06 Agenda No.: 7f Final Action: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Approval of a contract with RU2 Systems, Inc., for the purchase and installation of Radar Speed Display Signs, in the amount of $30,150 Explanation The City has elected to install Radar Speed Display Signs throughout the City at school zone locations to reinforce school zone speed compliance. The signs will be mounted to the existing school zone flashers and will make motorists aware of their actual speed within the school zone. A total of ten (10) signs are required at a cost of $3,015 each, for a total cost of $30,150 for the equipment and installation. Staff obtained two quotes for the equipment and installation of the signs with RU2 Systems, Inc., being the lower quote. Staff was unsuccessful in their search to obtain a third quote in this service area. Financial Impact Funds are available in Account 001-14-6298, City Council Discretionary Funds Recommendation Approval City of Colleyville Page 1 Printed on 5/2612006 PO Box 4468 ~./ F ,. . ,:.,-., \'//:', ',' '\:\\ ~: '"' >'l~g' i~c >1l:'1'" '. .r;, ~ . , 'j Y. c ..,... ' .' . ~' _. ./. '\ ", ." t, /". ~ . \, 'I'," ' " .~ ..'. --.- / " , 1" / . . .,. , 1.~ ~, :1;' .' '-\ :. . . .-'. ' \ Radar Speed Display Signs Manufacturing & Sales Apache Junction AZ 85278 [P] 480-982-2107 [F] 480-982-5237 SALES QUOTE 1:;108 Qty 1 1 QqQ(~[t9~ . City of CoHeyvUle Mike Campbell 1601 Hall Johnson Colleyville, TX 76034 USA i~l.:lt;it~,'# KCBQ2346 .. '(i)ate 05/18/06 e~~te;~ires 06/17/06 If you have any questions or find this proposal non~responsive In any way please do not hesitate to call us ton free at 866-982-2107. ,,' _ ,. ",.:.;,..~~ttiS:eftpl(dh",..., ." The RU2 Fast 250 Is a permanent or seml.permanent mounted radar speed sign featuring 12" full matrix characters. This unit is ideal for parking garages, apartment complexes, or small community streets where speeding is a problem. Some major "'71 advantages of using this unit in place of speed bumps is the elimination of liability / f caused by speed bumps due to damage to vehi,cles. Additionally, emergency vehicles are not slowed down on their way to a call. Includes pole mounting bracket. ~, 5.:J-.N Standard pa~ge includes: 1) minimum show speed, 2) maximum show speed (blanking), 3) flashing digit vlolatqr alert, 4) automatic adjustment to ambient light and, 5) single cycle 24 ON/OFF clock. Fax: 817-354-0469 Pgs: 3 campbellm@ci,colleyville.tx.us ,Unit;,p,rlce Ext. f1ric~ $2,895.00 $2,895.00 ,- Input: 90 - 240 VAC or solar option below. 2 3 1 Crating & Shipping (Continental US) SubTotal $120.00 $120.00 $3,015;00 4 5 <<< OPTIONS >>> o Violator Alert - Red LED "SLOW' Message - 12" Display The display is equipped with a flashing "SLOW" message made of high intensity red LED's. The VA is activated by a vehicle exceeding a speed selected (in 1 MPH/KPH increments) by the operator. Once a reading from the radar registers above the selected speed. the violation lights are activated. The violator will see the flashing "SLOW" message on the display with no speed displayed. If the violator slows, the flashing message will stop and their speed is displayed again. If slowing continues until a speed is reached that is less than the set-point, the display will continue to show the speed being registered. If the violator maintains a speed higher than the setting for a time, the flashing message will come back on. If the violator increases speed while above the violation setting the message will come back on immediately. $250.00 $0.00 Available on models 100, 250,275,400, SpeedScout, 500. 600 & 750. Page 1 ,Iii' ". ~tY, ,!;;ooe. .' 6 0 7 8 9 10 11 Unit PriceExt~iRr:lce " $250.00 $0.00 '. .' ' . " .,; JOe'scdptlpfi;~.,., , Violator Alert - Red & Blue lED light Bars 12" The display Is equipped with red and blue horizontal bars of high intensity lED which altern lse simulating a patrol cars light bar. This violator alert is part! t night. The VA is activated by a vehicle exceeding a speed . H increments} by the operator. Once a reading from the radar r-egisters above. the selected speed. the violation lights are activated. The violator will see fled and blue lights on the display with no speed displayed. If the violator sIoWs,9 lights will stop and their speed is displayed again. If slowing contin speed is reached that is tess than the set point, the display will continue to show the speed being registered. If the violator maintains a speed higher than the setting for a time. the flaShing lights will come back on. If the violator increases speed while above the violation setting the flaShing lights will come back on immediately. Available on models 100, 250, 275, SpeedScout. 600 & 750. {~O~~.~P~ED 1 ~ :~~~: la~=~ I . I, I E'4 I ~ ~~';'/"f>~. ..:: : .'",_ ~ .. III.. \...~ :.........i ';:' ': -- o Violator Alert Qiscount: -$100.00 Buy both SLOW and Red/Blues Discount o Solar Power 120 Watt for Fast-250* $1,250.00 Includes 120 Watt solar panel, mount, solar charge controller and one (1) group 27 AGM battery. *Requires additional freight. o Additlon~IGroup 27 AGM batteries for extended field autonomy or northern locales $150.00 (ea.). o Data Acquisition Package - Software Based: $850.00 This data acquisition package utilizes the streaming data acquired from the radar gun so that tbe deployment of pneumatic tubing is not required. The unit filters and analyzes the data stream, detects discrete oncoming vehicles that pass the trailer, and records their speed with time and date stamps. This methodology provides average counts and while somewhat less accurate than the Doppler based unit, is fine for determining peak load times and violation concentrations. The data is saved on a SmartMedia card and can be downloaded to any computer with the provided card reader. The data can then be analyzed by software capable of accepting a comma delimited ASCII text file, such as Microsoft@ Excel or RU2's Traffic count software package. Tabulated reports and charts include Survey Summary, Vehicle Count, Speed, and Time/date, 85th Percentile, 15 Minute. 1 Hour, Daily and Weekly analysis, etc. o Hitch mounHor RU2 Fast 250/350 $350.00 Page 2 $0.00 $0.00 $0.00 $0.00 $0.00 kine ~ 12 0 ,PesQl'iptlon Pole side mounting brackets (1 pr.): Mates with the mount attached to the back of each sign. Place these on the poles you wish to move yours signs to and leave them there for the next rotation. 2 pro req. for Fast-450 each location. 13 o Pel eo 4-1/2" Pole Installation Kit* Inclodes 12', 4-1/2" dia. aluminum pole, base, cap and break-away bolt set for pad installation. *Requires additional freight. SubTotal Sales Tax Total WARRANTY: RU2 warrantsfhelr LED DISplays tor Five tSjYears exceptirlg batteries If applicable, which ore warranted for One [1 J year. The rador device is warranted for Twa (2) years. Orl"Slte IobOr is not Included. However. ports ore fepc/red within five business days of receipt, and include ground-shlppirlg expenses. Warranty does not Include physical damage from misuse or vandalism. A. ShIpping. cratirlg and oppllcable SOles IdXare not Included,ln the above pI1cIng unless specifically Usled. B. Shipping quotes do not includellftgote or any addltlono1 selVlces that may be required ot destlnotlon. C. Sign to be shipped approx. 30 days after receipt of purchase order. D. Terms:~% 10, Net3Q FEIN: 80-0017092 1_,.., '<1.', ""'1,. VISA' II ~-_.~ . www.ru2systems.com Page 3 UnitPrice $35.00 Ext. Price $0.00 $365.00 $0.00 $3,015.00 $0.00 $3,015.00 ",~'~':n:~~~, j ni~m~t ,~ ~t-~ttt=r- I : , .1'-., ~ ?t,p.. t:. . _ ~~j,( '" v~'t ,~.!.';";C'1'~'r'1'~1~ ~.'" ~ Subject : Date Linked to : From To Requested info. All Speed Management Systems and Pricing Mon, 22 May 200614:10:00 -0700 Mike Campbell Heidi Hendrickson <heidi@informationdisolaV.com> (By way of heidi@informationdisDlay.com) Mike Campbell <campbellm@colleyville.cLus.tx> Mr. Mike Campbell City of Colleyville Dear Mr. Campbell: (Here is a copy of what I originally sent you.) Thank you for your interest in our Traffic Speed Management systems. I've attached pdf files con~aining literature on the radar speed displays you requested. Pricing is included at the bottom of this email, and volume discounts begin at quantity 2. These systems can help you control speeds in areas where compliance is a constant issue, such,as: * High speed to low speed transitions into a commercial or residential area " Grounds or parks with posted speed limits that are ignored " School zones, parks, playgrounds, and other areas where kids are particularly at risk · Work zones, event areas, or temporary enforcement in proQlem areas We provide cost-effective solutions for these and other speed management applications. We offer clear advantages over similar products in the market: " Vandal resistance - durable impact-absorbing construction resists damage " High visibility - proprietary contrast-enhancing construction for superior visibility in all conditions "Low power consumption - keeps operating cost down " All electronic - superb reliability " Best warranty in the business - 2 years on the display unit. and 8 years on the LEDs All Speed CHECK systems are built to industrial grade standards throughout. We use all naturallY,corrosion resistant materials (stainless steel & brass hardware I aluminum enclosures), and all Speed Check systems include an integrated self-test function. Pricing for single units is $4,195 plus shipping for the 15" fixed-mount VSC-1520, which includes piamond-grade (tm) sheeting, our exclusive vandal-resistant construction, approach-only radar, mounting brackets, and the full warranty described above. Compare this with the $5000 to $7000 price of the units on the market today, and you can see why we are the feature/cost leader. The VSC-1820 portable unit is available from $2,495 plus shipping, which includes violation alert :and the vehicle mount and power cord. This unit does not include approach-only radar as it is designed for tempqrary portable service where knowledge of speeds in either direction are useful. Consequently the cost is also Iqwer. An optional stand-alone kit (stand, battery box / charger, and bracket) can be added for $495. 80th deployments can be viewed on our web site. Delivery time is 3-4 weeks ARO. Solar power packages are available for operation free of the power grid. We quote these packag~s based on your operating times, traffic density, and geographic location to ensure the display will continue to work even during the darkest winter months. The trailer-mounted configuration with integral radar and display, charger, violation alert, battery back-up and solar assist is $6,195 plus shipping. Data collection capability can be added to any of our products, to collect time and speed data for later analysis on your desktop or notebook computer. Data is downloaded wirelessly from up to 50 feet away using an included Palm portable computer. See the attached data sheet for more information. If you need additional details, please send me a note or give me a call at the number below. I'll follow up with you in a couple of days. Thank you again, Heidi Hendrickson Information Display Company (800) 421-8325 Ext~ (within the US) or (503) 352-0251 fax (503)-626-3417 www.informationdisQlay-,-com SPEAKER CARD Date b--6--CJ C I wish to address the City Council on the following subject: :?P ;;C~I t4-L-- L-I5€- .R~ /11 /T / Agenda Item Number: !J.- 6 rf; - /,)/:2.. ~ Name: N/2./L .Y-ft;2; Address: --L.J. City: Ct' !k'il/IL{IZ~ Telephone No St:S- I I represent: ~ tit-F 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 .~.J' 7 J~3 This information is a Public Record SPEAKER CARD Date to ( ~ ( Loo I wish to address the City Council on the following subject: o - 1O~ - 151'L.- ~,( d .J ~~l J:; 5~~u ,,-,lll~ rot( ~A- Agenda Item Number: S'tA Name: ___~IN'-. ~(",k~ Address: /plot b M c:. ~lc\^- (~ City: Co \ \~ .oJ.' 1\;.. TelePhoneNo.~?- - 1zl. St3+ I represent: ~~p- organ ization/self I understand that I am limited to five minutes and on items that are not designated as Public 'rings, the City Council must "suspend the rules" in order to hear public c orque~ Signed This information is a Public Record Signed I understand that I as Public Hearings" public comments is information is a Public Record represent: City: organization/self Address Telephone No c Hal:; Y'- Ci- Agenda wish to address the City Council on the following subject: e )f~vJ ~ ~5L,t,o ('~I{ ~ Item Number: ~CL l \I~ ) ~ ,~ }\JJ Date G SPEAKER CARD SPEAKER CARD Date I wish to address the City Council on the following subject: Agenda Item Number: () -D G J r:: 7~ Name:J P,.Kes k K L lJ'fJ ]:) Address: .SC 11 15 / JJ -<<- City:GIZA--Pe U) ~'J:2 l'f Telephone No. ~ 17~i g 1-' cj / '-f I represent: 5'e L F- organization/self I undej rited to five minute~ as Pui Clo/ C~ public itions. .- Signed ?T--. This information is a SPEAKER CARD Date 0 Co I wish to address the City Council on the following subject: e B\ \In Agenda Item Number: Name: :Te (\f\~-t C( ()((-:A \ ) (Uti City: --1\1 R- H J.1X 'Il~ I<RO Telephone No I represent: C C .. ~.. Lc e yv lie pJ! l){~1 h O/)'l)/ on ht?P t .-.1-11 ('. 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 IIsuspend the rules" in order to hear public comments or questions. Signed / J/\ ~/L ( ---'- I This 'ublic Record City of Colleyvi lie Agenda Briefi ng 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1572 Version: 1 File Type: Ordinance Agenda Date: 06/06/06 Status: Second Reading File Number: 0-06-1572 Requester: Community Development Department File Name: 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 No.: 8a Controlling Body: City Council Final Action: 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 Second Reading and Public Hearing At the May 16, 2006 City Council meeting, one person spoke in opposition to the Special Use Permit. 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. City of Colleyville Page 1 Printed on 5/25/2006 Agenda Briefing Continued (O-06-1672) 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 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 foot tall chain link fence and an eight foot tall wood fence along the north side of the property. There is an existing eight 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 foot tall chain link fence on the south side of the property. The applicant proposes to construct an eight 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 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 foot fence is not located on the subject property, staff City of Colleyville Page 2 Printed on 5/25/2006 Agenda Briefing Continued (0-06-1572) recommends that the applicant be required to construct an eight 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 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 Colleyvi/le 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. City of Colleyville Page 3 Printed on 5/25/2006 Agenda Briefing Continued (O-06-1572J 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 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. Slack or gray water dump stations shall be prohibited on the site. City of Colleyvi/le Page 4 Printed on 5/25/2006 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 0 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: A.J. Survey, A-963 To whom it may concern; We are requesting a special use pennit 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 -~--'~ (-=- ':'#,' ~ ~'""-~_.'~."-- ~ ! \ l(, ! ..'" ~ ... \ , I I~ ~~ '", I( ,~ t1 ~, \\~ :i~ --"-.-..----. _._--.~,.H -- .t~,. .~ ---_.~--..:,,<---. .~--~ \0""", ~--~~ ........~... '-"-~-...I! '-. ~ ~ 't ~c ~l ~~ Vi ~~ ~ ~ , l\ .~. ~~\. \I'.{J "\ tt'l1 \) 'f \' 1'-+ ;:a: '!;4 ~ 'II.l :t ~ l ~ r t ~ ~ ~ \. \ .~ . ."'.., ~ ','" &. .... '<:i \"':1 {. ;Z\, "\, f , \.... l<. ".t ~i t:~ ~i ~~ --.... " '4 "':,; ~ \~ ~ ( "'""- ~~ Y';:.>q,..... ~ ...~ ~ ,<.: ~ ill" \I i- f- It ~ ~ ~ 1 - .. f ~ "" I ~iJl! -< >ow a. c::I &.:I ... .... - ..... 1-. .... {;I .l ~ -.. ~, ~ r I l I I I \, \ u.. . ~~ \ tl~t. ..........'^~..:- ~ <r; ~~i1. c~ if ._--~ .J .<t: ~ I ",. ~::~ '" . a-"~jo-~ tJ~'1-+;1 ~f.j~ I ~.. .{ r J Xi " I l i (! t j, , . I r"'.~//l -., I.. -}.'/..! ..~.. l -.'. } / -... -"'-J..>"~f'"l'"-. / -~,-....... ~.. ......<(-.....~.-{ .-....... 'If;.1'.... -............J '~.~.:>, " .~4/ '~~t........ S ~ /,.- ...........~_____.... "' (.:~j -' -.....<~ .........-.. ' f,_ I."~ ~~1 1" f1II lillJit \r -t ~ k {~ ~~ ,,~ -.:::.., ~~ ::::r: , l:l ~ \ \ \, \ Plat of Adjoining Property 4, LlMITEo ~. 1$61 :.T. .... / l/r 71 ~, I .. I , LOt 2ft,. lilC)Qt AI WEST IlUlSTML 1\LOlll1""" v. -""'2, P. ... "Jt.U:.1. mNEIl Y. ~~- ~ ^ v ---- #1 ~~ .!j1 ~ ~ ~./ itg a ~ - IlEIliC\ MJ:I1 10' ~o.a. Jls:.. · 1~ IItI . .. .,.~. H. LOT lRl LOT 1 HZ 2S.311B $.r. O.S3 AiCilES S j.",:rr,.1S'E '4"" ~.- ;$ '" 1J: "ori Q'" ~ s IIrl!~....t U.l$ / 151,3.3 ,q c. << ~. ~. S 8T59'21.W -- ~ .............. ----...---..._-~-... '/r I:ftt [I'll ,~:. I ~, Ol't.;r, It '_ V. 'il6~ ~ ..,0_. .R. .c... ZOl"'ED ML Northern HART Property: 6703A Colleyville Blvd l'u I , ~'-'"",- .. -- _:~ .~' 'f/t"' tHf' .~ --- '.to S 82"17.0)"( lol '! -_ v ........... !!'-~.J.l-!ii LOT lR3 SI~J57 S.F. 1.1 J 9 AC:R€S __N 8TJ.4'4:.l"W .~ 32.2S 1/'r t6 '))tJ ,,\) \a 221.41 S 6740:t!- w "'-, .// \ ~~ -I<. '1~~ ] . "RJ~ljlT. tONED M; 226.1 Letters in Opposition to the Rezoning Request Date: Thu, 13 Apr 2006 11 :59:30 -0400 From:jerry~hamploJlcheeratlstars.com To: fuller,c~cl.q()lIeyvlte.tx.us Cc: jennifer(IQh~mPlonQheerallstars.com Subject: Zoning for 6703 Colleyvllle Blvd. Chris Fuller City of Colleyville Pursuantto our phone conversation yesterday lam wri9ngtoexpress ourconcemsabout the adding of a "RVJBOAT STORAGE AREA" to the property~t6703'ColleyvilleBlvd. The entrance to ourfaclllty Is the driveway ()nthEt north side of Hart Po.oland Spa and on,he south side of AII..pro Glass. This driveway .1$. a narr()wtwol$J'\e~ntrance. The entire width.of the driveway is c1a8slfled.as a'Flre Lane..TheFirEt Latle runa>tile ruUIM9thofthe AII..ProGlass bulldlng,and Had Pool and SpasfenOQ.Ona~ally.btsI8t~i$ddvewaY$useis compromfsedby 8 dlHnp$ter, pafklngioutsldestorage and. loading .0ftru<;l<S~ Any Increased use of thlsdrlvewayJs going to addtoa situation that Is allreadY str~lo.ed. part!Q4larly large vehicle use. Jeff Jones of the COlleyville Fire Department Is very familiar with this situation. The next concern Is aecessfrom Highway 26. There Is nolaft hand turn lane for southbound tr~fflctotyrnlnto either the entrance driVeway. Hart Pool find Spa or All-Pro Glass.. Many sO\Jthbound drivers have a tendatlcy to use the northbo.und left hand. turn lane when turning. The C<>JJeyVllle Police Department has talked tome $everaltimesconcernlngthl$sltoation. They have asked us to advise our customers that they would have to start Issuing citatIOns to vIOlators. We have other concerns about visually. distressing situations In this Immediate area. Outside storagebeinQ.the main problem. This mayor rnay not be covered by code exceptions. It Is not a very appealing situation. Thanks for your time and If you have any questions please call. Jerry McNamara Champion Cheer 6707 A ColleyVille Blvd Ste A ColI~yvllle TX 76034 817251..1546 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. My reasons why: . H~ 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 a number 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 of Colleyville Blvd. is the armpit of Colleyville currently, additional unattractive and inconsistent uses of the properties should not 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 believe this? Because the mosquitos ate substantially reduced in the front yard and even 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 most 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. LOTI 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, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-06-1572 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 Co II eyville, 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 'DESCRIPTION BEING all that cortaln tract, parcel, or lot of land located In the A. J. LOn SURVEY, Abstract No. 963, Tarrant County, Toxas, and being thetroct of land described In Volurrte 4172, Pope 106, of theO~d Records, Tarrant County, Texas (ORTCT), 0 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 Commleeloners Court, Order No. 8448, September 28, 1936, recorded In Volume. 32, Pdgo 637, Minutes of the Tarrant County . Commls.loners Court,and more particularly described' as follows: BEGINNING at a 1 It' Iron rod found In the southeast line of Colleyvllle Boulovard for the most westerly southwest corner of lot 1 R2, Block 1, WEST INDUSTRIAl. ADDITION to the City of Colleyvll/o, Tarrant County, Texas, according to the plot thereof recorded in Cabinet A. Slide 720, .of the Plat Records, Tarrant County,' Texas (PRTCT): THENCE S 68'57'00'" E, 105.20 feet along the southwest line of said Lot 1 R2 to 0 1/t' iron rod found: ' THENCE THENCE' THENCE THENCE, THENCE . THENCE THE,NCE THENCE N 8759'2'" E, 212.17 feet along' the south line of said lot 1 R2 and, lot 1 R1 of the aforesaid Block 1, to a 1 It' Iron rod found in concrete;. . S 28'.26'1 r W, 1.05 feet along sold south line of Lot lR1 to a 1/t' Iron rod found: N 8740'13" E, 55.26 feet along the south line of sold lot 1 R1 ondLot 1 R3 of the aforesaid Block 1 to a 1/t' Iron rod found for the west corner of the tract of land described In .Volume 8331, Page 379; S 69"0" 48" E, 8.10 feet to a 1/t' Iron rod found for the south corner of sold tract of tand described In Volume . 8331, Page 379; N 53"15'00" E, 5.67 feet to a 1/'t' Iron rod found in the .aforesaid. south line of Lot 1 R3 for the east corner ot said. tract of land described In Volume 8331, Page 379; . _ ~ R~7 4f.~1 ~-~ 172"2~ir~_~:~t f~~~3 J~dJ~:u~~d~:os~f c~~~_ of Ro.sOowna Estates II, anoddltioi'l to the 'City of Colleyville, Teirrant County, Texas, according to the plot thereof recorded In Cabinet A, Slide 799, PRTCT; S OX04'24"e;, 57.90 feet along the west line of said Roas Downs ~tates II to a 1/7 Iron rod found; S 8755'36" W. 6,6.82 feet to 0 1- pipe -In concreto found; THENCE' N 38'11'09" W, 15.89 feot to 0 1/t" Iron rod found; THENCE S 51'48'51.- W, 260.25 feet to a 1/2" Iron rod fOl.ll'ld bent. and replaced .with a railroad spike set in asphalt; EXHIBIT B - METES AND BOUNDS DESCRIPTION (cont'd) N 6"52'23" W, 25.05 feel lo an Iron rod found wilh a plastic cap stamped "JDZ 1J249cf for the south corner of the tract. of land described in Volume' 9302, Pogo , ~6G, . DRTCT; . 'THENCE N 5"48'5,"E, , '0.46 feet to on iron rod found with a. plastic cap stamped "JDZ #249cf for the east comer of said tract of. land described in Volume. 9302, Poge 1566: .:;~ENCE N 6'~57'36". W. 139.94 feet to 9.n Iron rod found with a ~.::;..,,:: i,.:~...,...~_~,."..",..,_.<~.,. ,""":N"~k"""p.d.1f'dD'~-".. if2~to"""'.'o.,.o"..e-.' 'p'Otl'lt._...of ,,' -...-. said' tract of land described In Volume 9302, Page '566; THENCE THENCE S 8756'04'" W, , 08.18 feet to an Iron rod found with a plastic cop stamped It JDZ '249cf for the northwest comer of. said tract of land described in' Volume 9302, Page 1566.. said iron rod being In tho aforesaid southeast Iino of Colloyville Boulevard; N 26" 41'09" E, , 05.60 teet along sold southeast line of Colleyville Boulevard to the POINT OF BEGINNING, containing 0.877 acres (38,216 square feet) of land, more or less. THENCE EXHIBIT C - SITE LAYOUT J t ~ ~ \Ii ~ - -4 I \.'" '''',,;, . ~~ i~ ~\ <t 111 II;' -.: ...., ....... --- .... ,.- '''''I., <} WJ <t I;:" - SPEAKER CARD the following subject: to address the City Council on Date wish ( Address Agenda Item Nu V I LW Telephone No City: represent: organizati I understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City.~ ncil must "suspend the rules" in order to hear public comn;l ts or questiotts. information is a Public Record This Signed SPEAKER CARD Date I wish to address the City Council on the following subject: Agenda Item Number: 8~ Name: 8k~t: ~\f Address: ---S C./e.c-~ ( k e:, City: Co \ \ EAJV\ \ \~ Telephone No E5li :5S-g 6/19 I represent: ~\-t- 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 9r questions. (/ Signed ~---' This informati n is a Public Record SPEAKER CARD b - t ,- tf"{-;; Date the following subject: to address the City Council on wish /'77/ '?5_ 8 Agenda Item Number: c:-.r Telephone No City: 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 orquestioJ'ls. (" Signed ' r', t?t/ Address /2"'"/ ~/ Name This information is a Public Record SPEAKER CARD Date: I wish to 8ress the City Council on the following subject: ~&~, Agenda 1m Number: (!) -- () C - / S" Name: b ~~ Address: (2Q JI/h; b"~ City:_ ~U /f_Y)~ Telephone NOV 7 ~.J.J ~~ I represeJf,/ t e ~ ~'/1f f/ organization se 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, Ci); questions. Signed SPEAKER CARD Date ~ I wish to address the City Council on the following subject: IIpf/zl.'JA L- ",',;: A :z.c.,.h'/V('f C)(;'f/v(;r /~~'l.... 14:- '6 n PUD/Z . Agenda Item Number: f'~ C)-e(r <.15"73 . - Name: {PA/vlC- Y/I\ ) Address: Zt;of k,.,/vc. c'- I , City: Ct.'"?1. {FyV;'LI .::::!!" Telephone No. Si/_ ::,--- ~J ~l [; I represent: )6LF . 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 '-?"i\ / This information is a Public Record . 7'i'X..)~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1573 File Number: 0-06-1573 Version: 1 Requester: File Type: Ordinance Status: Second Reading 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 1A and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case Z-06-008 Agenda Date: 06/06/06 Agenda No.: 8b Controlling Body: City Council Final Action: Attachments: Zoning and Location Map. List of Property Owners Notified . Information Provided from Applicant. Letters in Opposition to the Rezoning Request. Types of Assisted Living Facility Licenses . Letter from Applicant Requesting Tabling Case Dated May 30, 2006 . Ordinance 0 -06-1573 History of Legislative File Version: Date: Acting Body: Action Text: 1 04/24/06 Planning and Zoning Commission City Council City Council 1 1 05/16/06 06/06/06 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 Second Reading and Public Hearing At the May 16, 2006 City Council meeting, staff was directed to insert language into the proposed ordinance to clearly define an assisted living facility and to specifically limit the use of the property for the purposes described by the applicant of this rezoning request. Language has been added to the ordinance to define an assisted living facility as meaning a facility licensed by the Texas Department of Aging and Disability Services and holding a current Type A license. Attached is a description of the various licenses issued by the Texas Department of Aging and Disability Services for assisted living facilities. Three persons spoke in opposition to the rezoning request during the public hearing. One person spoke in support of the request. The applicant has submitted a request for the City Council to consider tabling action on the rezoning request to allow the developer an opportunity to resolve questionable deed City of Colleyville Page 1 Printed on 5/31/2006 Agenda Briefing Continued (0-06-1573) restrictions that could be problematic to the proposed use of the property. Attached is a copy of the letter from the applicant requesting the rezoning request be tabled. The Colleyville Charter requires two consecutive readings and public hearings on all ordinances. The first reading and public hearing was at the May 16, 2006 City Council meeting. The second reading and public hearing is scheduled for the June 6,2006 meeting . The City Council has three options regarding the applicant's request. The first option is to disregard the applicant's request to table the rezoning application, open the second public hearing for citizen comment, then vote to approve or deny the rezoning request. The second option would be to open the public hearing for citizen comment, then vote for a continuance of the public hearing until the June 20, 2006 meeting. This option would allow additional public comment. The third option would be to close the public hearing and table action on the rezoning request. When the agenda item is considered at a future City Council meeting, the applicant could answer questions from the Council, but there would be no public hearing for additional citizen comment. 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 PUD-R - 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. 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. City of Colleyville Page 2 Printed on 5/31/2006 Agenda Briefing Continued (0-06-1573) The applicant is proposing to construct a 42,080 square foot, single-story assisted living facility. The facility will include 42 units for assisted living residents and 10 units for memory care residents. The total number of residential units within the facility will be 52, 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 parking space per each three beds or one parking space per individual living unit, whichever is greater. The applicant is proposing 41 parking spaces. Fencing and Screening. Assisted living facilities are classified as multi-family residential uses for the purpose of determining screening of adjacent properties. 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 masonry, or equivalent material, perimeter fence along the west property line, which is to the rear of the facility. Due to the grade differences between the site and the adjacent property, a two foot tall retaining wall will be constructed. The eight foot tall perimeter fence will be constructed on top of the retaining wall, thus producing an eight foot screening fence, when 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, which will be placed on fifteen foot centers and 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. 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 52 residential units on this 4.16-acre property will produce a density of 12.5 dwelling units per acre. However, the 1998 and 2004 Colleyville Master Plans both stated that densities higher than 1.8 units per acre would be acceptable in areas deemed consistent with sound land use planning principles, such as transitional areas near major street intersections. Lot Sizes and 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. City of Colleyville Page 3 Printed on 5/31/2006 Agenda Briefing Continued (0-06-1573) Sidewalks and Trails. There is an existing sidewalk located on this site along Hall Johnson Road and Pool Road. 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. 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, and 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 the rights-of-way and building pad are exempt from 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 replatting process. Access. The development will have access from both Hall Johnson Road and Pool Road. 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. On average, assisted living facilities are expected to generate 2.15 trips per day, per residential density. Based on this average, the 60 bed facility would add approximately 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 the Land Development Code. Six letters of opposition have been received and are attached to this agenda briefing. The percent of land within the 200-feet notification area that is owned by property owners who have submitted written opposition to the request is 38 .5 percent, which triggers the super-majority requirement by the City Council to approve the City of Colleyville Page 4 Printed on 5/31/2006 Agenda Briefing Continued (0-06-1573) request. Super Majority Vote Required. According to the Land Development Code, a super- majority vote by the City Council is required to approve the rezoning request. The following is an excerpt from the Land Development Code, Section 1.1-B.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 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 feet therefrom, filed with the City Secretary, shall be passed except by a favorable vote of three-fourths 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. " 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 collector 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 masonry, or equivalent material 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. 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. City of Co/leyvil/e Page 5 Printed on 5/31/2006 Agenda Briefing Continued (0-06-1573) 8. Hose cabinets shall be provided subject to review and approval by the Fire Chief. City of Colleyvil/e Page 6 Printed on 5/31/2006 Zoning and Location Map D NORTH 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 Ballantra~ 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 formed by Steven V~k aOd Unda Martin. Our home office Is located In [rvlng, Texas. At SSlt we have over 50 years of experience in development, acquisition and management of senior IWlng properties. We have indlviduatly and coll@ctivelV developed an outstanding reputation for quality of care and sound fiscal management within the senior care industry. Amongst our management team we have developed, ownecJt managed or operated over 800 properties In more than 30 states. SSL has assembled a management team that is made up of @xpertsfrom the Industry e.g" RN's, U((lnsed Nursing Home Administrators, CPA'St CMNs, MBA's, LMS Prevention Specialists and Effldency Experts. The relationships that we have established with their residents, farnUles and staff fA their communities have helped to develop an outstanding reputation for our CCdYlmltm@nt to the quality of life fOr their residents. Signature Senior Uvlng communities wm offer a choice of assisted living tlnd memory care apartments, with a variety of floor plans to choose from. The communities wtll provide 60 total beds in 42 units of assisted living and 10 units of memory care. ReskJents wUl have choices of 2: bedrooml WXU ry and Deluxe one bedrooms and suites. We provide two courtyards tor our residents, families and friends" use In this home-Uke environment. At SSL" we beUeve In customer choice and WOrking wJth each r~dent individually to deSign a care and services packag@ that meets their needs and wants. Each community offers a myriad of services and amenttle.s tor each resident to cnOO5e: three nutritious meals served In the elegant dining room, a weflness center, a beauty salon/barber shop, laundry facUlties" weekly scheduled housekeeping, arranged transportation, a state of the art emergency call system, Inteil"net cafer ice cream parlor,. and creative life enrichment and exerclseprograrns. Slonatu re S@1ilor Uving believes that providing care to. seniors Is tTvly a Ilocal business in your lOcal community_ We work clOS@ly with aU community leaders to ensure that Our services and business will benefit the local COIrimunity.. as well as our residents and their families. ~- Steven L. Vick CEO A~~ ~. Martin President & COO 8~ ;(f I t~1 t. "''Ill ,I ,;~ ~I , VI,. .- (I ~) ~~ P" ~. ". II... ~... '1 ~ ~. ~- . . , ~l i':~' , .~ ~ ~ FL , ., fl ii~ jt - ~ ..- ~_. I I ii ~' .., IIH. II' n ....hilHl....l..... =-- " - - ~ ____ :i__ H,.'.," , ~~ " 1 , ' ...........----..--.". ~. . ., . L" r.,'" H~ ,-1 ,,~~._, "In ~ .. :,' .llIl 1.15 ..."'~:< "A. 't~ !. h,-- . 9 'I II~ ~~ fL. 'I .); 'I'll u ~1 ~. ~. ~ ~t+U-~~ ~151ed U..v.g oIlIll;I M~C,"" <<<Ol('~l.tt TX 4.~ ~ t,' , 1lI1 __I ".1' , '1 ,) II ,. I~; I )" F i- .N J ,. " 1100 II ~t7 ~~ , I 0$.1. ~. , ~II ~~. .~~.l. ". '_. ~ ~ ~.~ . f') ~t .'1ii'il.r .. ~':iI..W.L ~ [J~I:"a-. ::~ ..... - ~.........- '_........- !i!U ~"'f~I....'h-. fi ~*,..N.rl"'~J. ..i ~t-tH ~~~~ Aglsted Uvll1g and Memocy ClIre c.;:w.c.....IU.. IX Letters in Opposition to the Rezoning Request 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, 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. Sincerelv~ ~I' T~:~tk~ :~y Executive Vice Pr . nt and Chief Operations Officer TIB - 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: 8173291398 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. Przimo RECE\\}t,O ~?R "\ ~ 1\)\)\) .." 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. Lucart (817545-3556) ,itluke5@sbcglobal.net S ,--u~r~ , _E=:~.l~~~ .2. Soy. CL/Nc;5 et'". 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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 1IC _ LOI DQ(S LOYD BRANSOM SURVEYORS INC. CHARLES B HOOKS JR. REGISTERED PROFESSIONAL lAND SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH, TEXAS 76111 834-3477 ~o~ DAre 06-24-96 U111HO . -,.... o _"ft Ii. _ D'Al!C IIAIII n CONCAIII MON -X-X-' 'IHCI -"-"- _Uti -T-T- tl\.lfttOtllLlI1 -cAlV- CAII.I TIUVlIlDM -- ns:tIItANA"8COMCIlJnI ~~ RECEIVED APR I 4: 2006 Per .".............. April 20, 2006 Honorable Members Planning and Zoning Commission City of Colleyville, Texas 100 Main Street eolleyville, TX 76034 RE: Rezoning Request for 5604 & 5700 Pool Road Lots 1A & 2, Block 1, Wddwood 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 greatly impact home values in a neg.ttive 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 developments have been in existence. Duplicated developments are not necessary. 4. Keeping referenced properties zoned as is, single Residential Estate, will preserve the environmental confonnity of the surrounding area and the rustic, 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 Resident I-l~(~)7. '-Wrv Address ;:i'3tX> A/j-f G/'. Date ~ 2 3-d G Address5bpf" M '--14"<7-} ."h I I Date 7-.2? - O? Address 3'&03 JA~~ ~il Date /f-:l3-OY; s ;t:>/6 /I/IL{, lJp.I/V[t'ft..bate 4-2 > .- ok, Add=ift7t[ldIdJMVD.",~-&(fJ d S'isD\ \). Qxul&u.J~ _,-\--Z:-S-OL, Resident 2-';)01 IC:/N0~ Cr, c;- - 2 3 - <90 City of Colleyville Planning and Zoning Commission Chris Fuller, Development Coordinator 100 Main Street Colleyville, TX 76034 Dear Mr. Fuller, RECEIVE~ APR 2 4 200R 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 faci.lities 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 Colleyvifle 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. RespectfuHy, Oak Creek Subdivision Homeowners Name Address Phone Name ~ Ce<..->5 Address l' '? 0..2.. CJ....:" ~'--- :7 /."",,< / Phone 8/ 7 9 c-f-cS -9/ 3' <t ' M aYt1 V} tJ ~=~l:(~l~;~~~T~1 =.:s.~:11(>~~~;< i:l;;f'f'iJ<'-. Phone Ki/ - )..&7- 17'X~ Name Loy \ ~ Edd Ie Rerce Address ~G02.. (~el.l~f~ r+ Phone "8" - SLID -q 3<06 Name tj It L- ~ L-~/-I- Ledj:JorLE1/t Address f6 p" [P/ilt:7IJVC 7/14/(. Phone C,t/J 11,c~VI{c-.l! ,7"lt. 7(,4fY , lJ7'" b~~~II/;L Maciley 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 of larger 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 Glade/Heritage town home project. In this instance the developer has been "green lighted" to build 5.5 DUPA 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 2,700sf and a maximum total lot coverage of 90% when the standard is 500.10 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 VS. 1.8 and the minimum lot size will be 6,177 VB. 13,000. This is clearly taking our Land Code in another direction. Secondly, there is a problem with the procedure for which citizens ofColleyville 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 fonn they are easily mistaken for real estate or political signs, alid 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 IREClEII'WIED tam ~ 4i ZJIIDE f~.............. 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. Colleyville, 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 ;?~~facreesmres. Mark and Beverly Humiston 5501 Dusty Ct. Colleyville, Texas 76034 (817) 545-8019 MOt~ I I UJO G, c~ r"lS 'Fvt l{er DeveLcr '" ('" t Coo r of ,~-.. h"" [00 f'Ae:.l'" ~:t. Colley ri I/e. I fj 1(,030/ 5 v!, J ec.+; ee Z<,,Jr; 1\ r: 5bOcf a~,( 5100 PUlL ~P. 'Dear C-hJ^~j' I L '^ '^"- vJ r: -h ~ -h, -e)" f.J'l' ) r ""J c.. " (e.r ~ t: r -H...... re.l-oV\: '^j 0 f 5'(P o<-{ '" vc.l 5700 p.. ! 14.lJ, r: l-..4.V~ f-L..e -Co l Lllv" i /;'5 c.e LI\. c.e (" Y\ 5 . r) CO'" fV\ e u ~ "" II ~&,. -b ~ (\ i'.., c<. (e~ ,k.... f, "- ( V11"'SlJ. .A..,,,,od... ~e f,., ,,;....j ~ ~ CvY I~ VI.. t G..-oVl l-~ . \.~ ADV'e t ~ cLArA.cfer w~+~ t-k-e 8/-utl ~ iI\~~. ~ bu.l' k'()IJJ.. , Z) /).J1> L.~e (7t I/tc{ LU' L f ~ 11 v h ~V1 /iT r~ (hc , '3) lLdlAc. ~-;,...., ('" r'" fer -r, v'" [ .... e J e,,- (OJ",-?"- j61A -h, ~h -fL...M 0.~ C.U^s i';... -/.. "'CLov- f- ~e ~r e ~,,-1<-1;"5 ~ dee:s (.:. ~ AN (>v"€. ft.t 20 ""; "S r '1 J"'~ -+. M I ile~,^bo{ 5 ct..~e. , 5\.~ ce~ (J j' ... \V\Ctr~:'" W\~,^,,-e.r \ S-7C{'~ Wt~otl''j+rA-:I) ~lte.l1Jd{et.tx 7b051 c.. April 25, 2006 Planning and Zoning Commission City of Colleyville 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 benifit the neighborhood. Thank You J::;za7JOff~~~ Page 1 592.4 . ~ Types of Assisted Living Facilities Types of assisted living facilities are as follows. (1) Type A. I,n a Type A facility a resident: (A) must be physically and mentally capable of evacuating the facility " unassisted. This may include the mobile nonambulatory persons such as those who are in wheelchairs or electric carts and have the capacity to transfer and evacuate themselves in an emergency; (B) does not require routine attendance during nighttime sleeping hours; and (C) must be capable of following directions under emergency conditions. (2) Type B. In a Type B facility a resident may: (A) require staff-assistance to evacuate; (B) be incapable of following directions under emergency conditions; (C) require attendance during nighttime sleeping hours; or (0) not be permanently bedfast, but may require assistance in transferring to and from a wheelchair. (3) Type C. A four-bed facility which meets the minimum standards and program rules for enrollment with the Texas Department of Human Services as an adult foster care facility and is so enrolled on the effective date of this rule will be deemed licensed as a Type C facility without having to apply for an assisted living facility license. (A) At least 45 days prior to the renewal of its enrollment as an adult foster care facility, the facility must submit an application and fee for an assisted living license. (B) Failure to submit the application and fee prior to the date of re- enrollment as an adult foster care facility will result in loss of deemed licensure. (C) A facility seeking licensure as a Type C facility must meet the requirements of this chapter with the exCeption of those found in ~92.41 of this title (relating to Standards for Assisted Living Facilities) and ~92.61-92.63 of this title (relating to Introduction and Application; General Requirements; and Plans, Approvals, and Construction Procedures), in lieu of which the facility must meet the ; minimum standards found in ~~48.8901-48.8907 ofthis title (relating to Minimum Standards; Provider Qualifications; Substitute Provider Qualifications; Individuals Who May Not Provide Adult Foster Care Services; Home Enrollment Requirements; Enrollment and Licensure Requirements; and Provider Responsibilities). (4) Type E. (A) Limitation on types of residents. In a TypeE facility, a resident: (i) must be physically and mentally capable of evacuating the facility unassisted. This may include persons who are " mobile, although nonambulatory, such as persons in wheelchairs or electric carts having the capacity to transfer and evacuate themselves in an emergency; (ii) must not require routine attendance during nighttime sleeping hours; and (iii) must be capable of following directions under emergency conditions. (8) Limitation on types of services. Notwithstanding any other provision in this chapter, Type Efacllities may only provide medication supervision, in accordance with Health and Safety Code ~247.002 (5)(8), and general sUpervision of residents'wEtlfare, in accordance with Health and Safety Code ~247.002(5)(C), and may not provide substantial assistance with the activities of daily living, as described by Health and Safety Code !247.002(5)(A) - assistance with meals, , dressing, movement, bathing, or other personal ne~s or . maintenance. Revision No.: 00-1 Galier I Tolson I French Architecture Planning project Man:agement May 30, 2006 Mr. Barry LeBaron, AICP Development Director City of Colleyville, Texas 100 Main Street Colleyville, Texas 76034 RE: Signature Senior Living Center Zoning Case #Z-06-008 Dear Mr. LeBaron, As. per our telephone conversation this afternoon, please consider this letter as our official notice to table our zoning case #Z-06-008. We are in the process of settling our land use issues and will not have those fully resolved by the June 6 meeting. We are aware of the City of Colleyville's policy on two consecutive public hearings on zoning case before the City Council, however we would like to table the entire case, including the public hearing till the June 20, 2006 and July 3, 2006 meetings respectively. Sincerely, J. f1~ T~, AtA J Marc Tolson, AlA JMT fjls Cc: Pete Russell, SDR Stephen Gose, KLH. 8251 Bedford-Euless Road Suite 250 . North Richland Hills, Texas 76180 www.GTFdesign.com 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 THE RE- 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 1A 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. For purposes of this ordinance, an assisted living facility shall mean a facility licensed by the Texas Department of Aging and Disability Services and holding a current Type A license. Any use of this property other than that specified in this paragraph shall be a violation of this ordinance. 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 Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-06-1573 Page 3 of 4 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 Exhibit "C". 3. SCREENING a. An eight (8) foot masonry, or equivalent material, 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 Ordinance 0-06-1573 Page 4 of 4 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 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 ~ ~ ~ ~~ .t..~ Md MctMl)' CnO! r,. ~ Exhibit D - Screening Plan -; -j Q I i .A.>..~.......... . 7;1 .e 1'<:.,,:..;. City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com File Number: 0-06-1574 File Number: 0-06-1574 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 06/06/06 Controlling Body: City Council Requester: Agenda No.: 9a Final Action: File Name: Approval of a Zoning Change from AG-Agricultural to R30-Single Family Residential on three acres on Lot 1, Block 1 of the Wilson Estate Addition located at 1304 Tinker Road, Case Z-06- 003 Attachments: Location and Zoning Map. List of Property Owners Notified . Letter in Opposition Dated March 8,2006 . Ordinance 0-06-1574 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/08/06 Planning and Zoning Commission 1 06/06/06 City Council Title Approval of a Zoning Change from AG-Agricultural to R30-Single Family Residential on three acres on Lot 1, Block 1 of the Wilson Estate Addition located at 1304 Tinker Road, Case Z-06-003 Explanation First Reading and Public Hearing Michael and Nancy Dottj are the owners of three acres of land located on the north side of Tinker Road, on the west side of Ponderosa Lane. The property is platted and currently zoned AG-Agricultural. The property owners originally requested R20 zoning for this three acre tract, but the request was tabled by the Planning and Zoning Commission to allow the applicant to consider an alternate zoning classification. One letter in opposition to the original R20 rezoning request was received from an adjacent property owner. The applicant modified the rezoning request to R30-Single Family Residential and the Planning and Zoning Commission recommended approval of the rezoning request. There has not been any neighborhood opposition received for the R30 zoning request. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The R30-Single Family Residential zoning district allows residential uses in this district. Surrounding Development Trends. The surrounding properties are single family residential uses. The property to the north is zoned AG-Agricultural and is undeveloped. Property to the south is zoned R40-Single Family Residential and is developed with a single family residence. Property to the west is zoned AG-Agricultural and is developed with a City of Colleyvil/e Page 1 Printed on 5/31/2006 Agenda Briefing Continued (0-06-1574) single family residence. The property to the east is zoned R20-Single Family Residential and is developed with a single family residence. Lot Sizes. The R30-Single Family Residential zoning district requires a minimum lot size of 30,000 square feet with a minimum lot width and depth of 125 feet. The configuration of potential future lots will be determined at the time of platting. The site is sufficiently large enough to accommodate a four lot development. Sidewalks and Trails. The Colleyville Pathways Plan requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks internal to the development must be four feet wide. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a four lot development would add approximately 38 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to nine 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. One letter in opposition to the original R20 zoning request has been received and is attached to this agenda briefing. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this request at the May 8, 2006 meeting and recommended approval by a vote of 4-1. 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 5/31/2006 Location and Zoning Map AG Tinker, Annie Est 513 Leta Ln. Colleyville, TX 76034 Harden, Tommy E. 6450 Caldwell Hughes Rd. Colleyville, TX 76034 Rice,. Robert R Etux Carolyn K 1305 Tinker Rd. Colleyville, TX 76034 List of Property Owners Notified Dean Decavitte Properties Lp. PO Box 723 Colleyville, TX 76034 Jenkins, Gary D Etux Barbara 1212 Tinker Rd. Colleyville, TX 76034 Serra, Phil M Etux Rachel J 6500 Caldwell Hughes Rd. Colleyville, TX 76034 Dotti, Michael & Nancy E. 1310 Tinker Rd. Colleyville, TX 76034 Kralich, Jeff Etux Sue 1309 Tinker Rd. Colleyville, TX 76034 Stowe, Dale Etux Lynette 1304 Tinker Rd. Colleyville, TX 76034 Letter in Opposition Dated March 8, 2006 '~ / Dan DeClIVItt~ P.O. Box 723 CollqvUle, TX 76034 March 8, 2006 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 RE: P" Z Cue No. Z-06-OO3 Planning and.Zoning Commission: In regard to the case number referenced above, please ~nsider my written comments, as I am uncertain as to whether or not I will be able to attend, in person, the. P & Z meeting on Monday, March 13,2006. I will be traveling back to DFW on Monday the 13th. I am the owner of the property directly across the street (Lots 1 and 2 of Pine Hill Estates) from the proposed zoning change request, and am currendy building my personal home at 1209 Tinker Road on. 1. 1 Acres on Lot 1 of Pine Hill Estates. Lot 2, which is cummdy vacant is a 1.0 acre lot. As a current resident of CoIleyville at 906 Hardage Lane 8Dd a custom home builder in the community, my family and I have a concern for the development ofCoIleyville and a vested interest in the preservation ofColleyviJle's "small town" rural feel. Considering that Tinker Road is a minor collector road for Colleyville, very similar to Pleasant Run or John McCain and having requested a zoning change myself to R40 for the 2 lots of Pine Hill Estates mentioned earlier on Tinker Road, and knowing that most or all of the properties on Tinker Road are % acre or larger, I would be opposed to the approval ofR20 for the S\lbject property for any reason. However, since the subject property is 3 acres, I would not be opposed to an R40 zoning. RECEIVED MAR 0 9 2006 Per ........._.J ORDINANCE 0-06-1574 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 3 ACRES LOCATED AT A PORTION OF LOT 1, BLOCK 1 OF THE WILSON ESTATES ADDITION, FROM THE AG-AGRICUL TURAL TO R30-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENAL TV 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 Michael and Nancy Dottj on February 9, 2006, under Case No. Z-06-003; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-06-1574 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural zoning district to the R30-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described by metes and bounds on the attached Exhibit "B". THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-06-1574 Page 3 of 3 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 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle CitY.Attorney EXHIBIT" A" EXHIBIT "B" PROPERTY DESCRIPTION Beil1Q a portion of Lot I, Block I, of WILSON ESTATE, aI addition to the City of Colleyvllle, Ten-a1t County, Tex~, acc.ordinQ to the Map PI'" Plat thereof recorded In Cabinet B, Slide 778, Plat Record5, TarrCl"lt County, TexQ6, crtd beinQ more particularly deacribed by meta a1d boundfl aa follows: . BEGINNING at a found S/e-inch iron rod on the north line of Tinker Road aid being the 50uthwest corner of' !laid Lot "'; H-lENCE North 00 d~ee5 06 mln~\4S5 00 ~tl w_st, a dltJ~ of Sqo.33 feet aiaIQ the west Iinel of !laid Lot I to a fence corner; n~ENCE South 8'1 de<yees Sq mlnutda 01 ~fl Eoat, a dist.Cl"lc;e of 221.7S feeti THENCE South 00 deoree5 01 minutd 3" ~fl Ea6t, a dl.t.CI"lGe of ~.33 feet to o. point on the aforesaid north line of Ti~ Road andbl!l1nQ theaout,,*-t. comer .of afore~d Lot I; THENCE North 8Gldeoree5 S~mlrWt.e5 00 ~ Weat., 0 dl6talc.e 9f 221.01 feet alfJf'iQ oaId north line of Tinker Road .tothe POINT OF BEGINNING.cnd c.ontaininQ 130ibt>S ~feetor 3.000 acres of lend. .. """~..:tWt: VCIL.i::lt~,.. I'!:.~ " , I: I :J: I II I ! :, 13 I 2: I I I " , .. I I I , I , 1 I II 'I ~ , I , II I ~ , , .. I _ ~.~........aoa:. I -.-- Gte. A, suor: uw .....f.c:r. , LOT I I I ( I3LDQ( I I~~ -"'llll,~.",_- ~l YllL., . .IM! o;~ .c.T,., -"'1 .- -- -. TINKER ROAD ("1.1' ..o.H,) r ' o~ Date:P-- ~ l I wish to address the City Council 1.J-e i-1I\ 13 Agenda Item Number: Name: City: _ I represent: I under as Pub publicI Signed: This information is a Public Record to five minutes and on items that are not designated Council must "suspend the rules" in order to hear organization/self e.. Telephone No.2 (4. l.{i.5- 577 Address: on the following subject: C( a.i? u J-z " .Ie r JI1't( ~ SPEAKER CARD is { ~ .~::i5t.~:~!": .. ",..,,;:,. "?'"~il~;;;';::::';;'~''~~''' .,." ,~.""..:; ~::. ".:l'.." ~> !~1..~~$~; .=1. ; . )~_~:~;~:;~t~ ':.h~;~/.:-. City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1575 File Number: 0-06-1575 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 06/06/06 Agenda No.: 9b Controlling Body: City Council Final Action: Requester: Community Development Department File Name: Approval of a Special Use Permit for an accessory building on Lot 3, Block 2 of the Apple Valley Addition located at 5105 Apple Valley Drive, Case Z-06-006 Attachments: Location and Zoning Map. Site Plan. List of Property Owners Notified . Building Elevations. Carport Zoning Comparison. Petition in Support . Ordinance 0-06-1575 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/08/06 Planning and Zoning Commission 1 06/06/06 City Council 1 06/20/06 City Council Title Approval of a Special Use Permit for an accessory building on Lot 3, Block 2 of the Apple Valley Addition located at 5105 Apple Valley Drive, Case Z-06-006 Explanation First Reading and Public Hearing Mr. Frank Manzare is the owner of this single family property and is requesting approval of a Special Use Permit (SUP) to construct an oversized accessory building. The accessory building also contains a carport, which also requires SUP approval. The purpose of the accessory building is to house automobiles and to provide weather protection for a motor home. The property owner secured the written approval of the proposed building from several of the surrounding property owners and a copy of the names and address of those in support of the applicant's proposal is attached to this agenda briefing. One property owner submitted a letter of opposition and a copy of the letter is attached. The Planning and Zoning Commission recommended approval of the SUP with a number of conditions, which have been inserted into the proposed ordinance. Existing Conditions. The property is currently platted and used for single family residential purposes. The property contains 0.67 acres with an existing house, a swimming pool, and an attached garage. The property is located within the R20-Single-Family Residential zoning district. City of Colleyville Page 1 Printed on 5/31/2006 Agenda Briefing Continued (0-06-1575) Adjacent Zoning and Development. The surrounding properties consist of single family residential zoning designations. The properties on all sides are zoned R-20 and are developed as single family residences. Accessory Building and Carport Analysis. The maximum allowable size of an accessory building is based on the size of the lot where the proposed accessory building will be located. The size of the subject property for this request is 0.67 -acres. The Land Development Code permits a combined total of 1,000 square feet of accessory buildings on a property of this size. The size of the proposed accessory building is 1,600 square feet. The proposed request exceeds the maximum square footage requirement by 600 square feet. The applicant submitted elevation drawings of the proposed accessory building, which includes a 36-inch masonry fa<;ade to the front of the metal building to match the brick on the house. The proposed building location is 2S-feet from the rear property line and the proposed building height is approximately is-feet. One of the concerns generally associated with a large accessory building is the potential for generating objectionable uses. Large accessory buildings frequently become used for commercial related uses that create nuisances within a neighborhood. The applicant states the structure will be used to store personal effects and will not be used for any commercial purposes. The Land Development Code requires carports be considered on a case-by-case basis, and must be approved by a SUP. A comparison of the regulations and the proposed carport is shown on the attached exhibit labled Carport Zoning Comparison. The Land Development Code regulates the maximum size of carports to 480 square feet. The size of the carport has been reduced to comply with this standard. The Land Development Code also limits the longest dimension allowed for a carport to 24 feet. The longest dimension of the existing carport is 40 feet, exceeding the regulation by sixteen feet. The applicant proposes to use the carport for the storage of a recreational vehicle, which necessitates the additional carport length. The proposed carport location is five feet from the property line, which complies with the setback requirements of the Land Development Code. To address the visibility concerns of an adjacent neighbor, the applicant proposes a landscape screening of 10 photinias placed on four foot centers between the proposed accessory building and the northern property line. The Land Development Code requires support posts to be constructed of brick, stone or decorative metal, such as metal lattice. The applicant's exhibits include side plates, which appear to conform to the decorative post requirements. Gable skirting is also shown on the northern side of the carport to provide additional screening of the recreational vehicle from the adjacent properties. City of Colleyvi/le Page 2 Printed on 5/31/2006 Agenda Briefing Continued (0-06-1575) Public Notification. Staff mailed notices to 10 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one letter of correspondence from property owners within 200 feet of the subject property, which is attached to this briefing. In addition, the applicant has submitted a petition signed by adjacent property owners in support of the request, which is also attached to this briefing. Since the request is a SUP, the City Council may establish conditions different than, or in addition to, the normal requirements of the Land Development Code. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this request at the May 8, 2006 meeting and recommended approval of the request by a four to one vote, subject to the following conditions being inserted into the ordinance: a. The accessory building may not exceed 1,600 square feet. b. 10 photinias placed on four foot centers between the proposed accessory building and the property line. c. The location of the accessory building and carport shall be consistent with the site plan attached as Exhibit "0" in the draft ordinance. d. The building elevations shall be consistent with the drawing attached as Exhibit "C" in the draft ordinance. e. The accessory building shall not be used for commercial purposes. f. The carport elevations shall be consistent with the drawing attached as Exhibit "B" in the draft ordinance. Financial Impact There is no financial impact to the City of Colleyville associated with this request. Recommendation Denial due to technical non-compliance with the Land Development Code. However, if consideration is given for approval of the request, staff recommends the following conditions: a. The accessory building may not exceed 1,600 square feet. b. 10 photinias placed on four foot centers between the proposed accessory building and the property line. c. The location of the accessory building and carport shall be consistent with the site plan attached as Exhibit "0" in the draft ordinance. d. The building elevations shall be consistent with the drawing attached as Exhibit "C" in the draft ordinance. e. The accessory building shall not be used for commercial purposes. f. The carport elevations shall be consistent with the drawing attached as Exhibit "B" in the draft ordinance. city of Colleyville Page 3 Printed on 5/31/2006 Location and Zoning Map 5108 5008 t l~ :;:. Site Plan ~t ::: I N 02" 241 14' W 110.001 10' SUILDING LINE (per plat)-.. 56' + T t 40' 10' y:.-tQ' .. Maf\I.. F,\tlU;l(.,lq . LO 4 Lc APPLE VALLEY DRIVE (50' R.O.H.) Villalobos, George 5108 Apple Valley Drive Colleyville, TX 76034 Bach, Herbert E Jr. 5109 Apple Valley Drive Colleyville, TX 76034 Recker, Christopher M 5105 Apple Valley Drive Colleyville, TX 76034 Reuter, Raymond E Etux Peggy J 5112 Apple Valley Drive Colleyville, TX 76034 List of Property Owners Notified Mr. Frank Manzare, applicant 5105 Apple Valley Drive Colleyville, TX 76034 Gorham, Kelly L Etux Patti H 5104 Apple Valley Drive Colleyville, TX 76034 Moore, James C Etux Patricia M 405 W Elm St. Colleyville, TX 76034 Andrews, Edward A 5101 Apple Valley Drive Colleyville, TX 76034 Kirking, Lewis P & Catherine R 5100 Apple Valley Drive Colleyville, TX 76034 Morris, Jeffrey 0 Etux Karen 310 W. Glade Rd. Colleyville, TX 76034 CARPORT ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1. Maximum Size 480 square feet 480 square feet 2. Longest Dimension Allowed 24 feet 40 feet 3. Maximum Height 15 ft. to highest point of roof 12 feet 4. Side Setback 5 feet 5 feet 5. Rear Setback 25 feet 25 feet 6. Maximum Number per Lot 1 1 7. Paved Parking Surface Concrete. asphalt or pavestone Concrete 8. Roof Pitch 2:12 minimum In Compliance 9. Construction of Posts brick, stone or decorative metal Decorative metal between 12" and 48" in width Petition in Support Petition for.1! val of new garage at 51.05 Apple Valley Dr. ~) ~)~~__ ___ 0/1Z- *ff(( (/~7 '" (./ r' bv ~ flu Ej A~ '1~(fy. 3) J .~'? .~~ . "" kr l$ 2S 'lh V""~ If'" 4) ~ 8) J{f4 Dr. 6) 4 L-L $/0"1 II-I"'/.Le' v:wl!,,> p"( [L /J). I .5 feA CJ t''i4 (Yt1('4- ~ e s .. k e...e~ 0.> t ~ CQVf s'" f v.. L * ..u') 6&L rOt.-(?l-, { ~d (l ~-t c..~ f- 1,Vh-, ~ s~w h.e s +, ~ ~/i~ WE> 10) 9) 11) , ~ l( ~~€~i w~ .&<6~ +L ~ ~ OY\ ty ~fI"( 0....11 ~rs w L H fn:>fedy r~; w J~'..! +4 ,2",,0 L,~: ~ i h~ ~-\ ~ f'e.4..~ % (e~{ r ~1 30\, l'vt1 %---\ ~~e wk'i s.{,-t~-{.{S Y. March 26, 2006 America Online: FJMANZARI ORDINANCE 0-06-1575 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT AND AN ACCESSORY BUILDING ON LOT 3, BLOCK 2, APPLE VALLEY ADDITION, PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, an application for a Special Use Permit was filed by Frank Manzare on March 14,2006, under Case No. Z-06-006; and WHEREAS, the Planning and Zoning Commission held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for an accessory building with an attached carport on Lot 3, Block 2, Apple Valley Addition, located at 5105 Apple Valley Drive, as shown on the attached Zoning Map (Exhibit "A"), building elevation drawings (Exhibits "B" and "C") and site plan (Exhibit "D"), subject to the following conditions: a. The accessory building may not exceed 1,600 square feet. b. Ten (10) photinias placed on four (4) foot centers between the proposed accessory building and the property line. c. The location of the accessory building and carport shall be located no closer than 5-feet from the adjacent property line and be consistent with the site plan attached as Exhibit "D". Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-06-1575 Page 2 of 3 d. The building elevations shall be consistent with the drawing attached as Exhibit "C". e. The accessory building shall not be used for commercial purposes. f. The carport elevations shall be consistent with the drawing attached as Exhibit "B", which includes metal skirting that extends from the top of carport to approximately eight feet from the ground. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day shall constitute a separate offense and shall be punishable as such. 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 the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. 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: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Ordinance 0-06-1575 Page 3 of 3 CITY OF COLLEYVILLE David Kelly Mayor Exhibit A - Zoning and Location Map AG 5108 5108 310 AG 5008 Exhibit B - Building Elevation Drawings EXHIBIT C -ELEVATION PLAN w, Exhibit 0 - Site Plan 4t~~ ElS' Site of Building LO 3:'. , ) ~ u Site of Carport ~~:~t.~~!-: ~. . /J'''''.:..::.;~.~.:;~.~..~..i;.'.'.~;.':~' $$> \l../\' . fl. . .)~~;j.~ tt",x;(:; . City of Colleyville Agenda Briefi ng 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WNW. colleyville. com File Number: 0-06-1576 File Number: 0-06-1576 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 06/06/06 Agenda No.: 9c Controlling Body: City Council Final Action: Requester: Community Development Department File Name: Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 5.39 acres out of the Mary M. Freeman Survey located at 209 and 301 Bandit Trail, Case Z-06-009 Attachments: Zoning and Location Map. List of Property Owners Notified . Proposed Lot Layout . Ordinance 0-06-1576 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/08/06 Planning and Zoning Commission City Council City Council 1 1 06/06/06 06/20106 Title Approval of a Zoning Change from AG-Agricultural to R20-Single Family Residential on 5.39 acres out of the Mary M. Freeman Survey located at 209 and 301 Bandit Trail, Case Z -06-009 Explanation First Reading and Public Hearing Keith Kithsiri has submitted a request on behalf of Vision Southwest, to rezone 5.39-acres of land located on the south side of Bandit Trail, on the east side of Vanguard Court. The property is currently zoned AG-Agricultural. The developer intends to subdivide the property into a single-family subdivision upon approval of the rezoning request. The Planning and Zoning Commission considered this request at the May 8, 2006 meeting and recommended approval by a unanimous vote. No letters of opposition have been received regarding the proposed rezoning. Platting. The properties are not platted and are currently developed as single family residences. The applicant has indicated plans to subsequently plat the property into nine lots upon approval of the rezoning request. Approval of a preliminary and final plat will be required prior to the issuance of building permits. Lot Sizes. The developer has submitted a conceptual layout of the property showing a potential lot configuration. The proposed lots, as shown on the zoning exhibit, meet the lot City of Colleyville Page 1 Printed on 5/25/2006 Agenda Briefing Continued (0-06-1576) area and lot depth requirements of the R20 zoning district. The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100-feet and lot depth of 125-feet. The site is sufficiently large enough to accommodate a nine lot development. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The R20-Single Family Residential zoning district allows residential uses in this district. Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the south, north and west are zoned R20-Single Family Residential and are currently developed as single family residences. The property to the east is zoned AG-Agricultural, and consists of single family residences. Sidewalks and Trails. The Colleyville Pathways Plan requires sidewalks along all public streets. The sidewalks must be installed when any new structures are built on the property. Sidewalks internal to the development must be four feet wide. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a nine lot development would add approximately 86 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 19 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of the request at the May 8, 2006 meeting by a unanimous vote. Financial Impact There is no financial impact to the City of Colleyville regarding this rezoning request. Recommendation Approval City of Colleyvllfe Page 2 Printed on 5/25/2006 Zoning and Location Map D NORTH Z-06-009 Bernasek, F Richard Etux Regina 511 Alamo Ct. South lake, TX 76092 Duplantis, John W Etux EIIi M 7315 John McCain Road Colleyville, TX 76034 Legrand, William D 300 Bandit Trail Colleyville, TX 76034 Mayse, Richard A Etux Helen 3600 William D Tate #100 Grapevine, TX 76051 Symphony Properties Inc. 1009 Morton Hill Lane Haslet, TX 76052 Ward, Michelle D Etvir Phillip 205 Bandit Trail Colleyville, TX 76034 List of Property Owners Notified Anderson, Douglas S. PO Box 3488 Grapevine, TX 76099 Billings, Florence L. PO Box 1228 Colleyville, TX 76034 Gasper, John B & Charlene 298 Bandit Trail Colleyville, TX 76034 Lewis, Renee C 209 Bandit Trail Colleyville, TX 76034 Prioto, Michael G Etux Debra 7305 Vanguard Ct. Colleyville, TX 76034 Todd, Jerry C 210 Bandit Trail Colleyville, TX 76034 Zim, Aldwin Etux Christine PO Box 1125 Bedford, TX 76021 Athulathmudali, K Etux Gowri S 3141 Joyce Ct. Grapevine, TX 76051 Boring, J D 301 Bandit Trail Colleyville, TX 76034 Legrand, Donald C Etux Dolores 3124 Bonnie Brae Ave. Fort Worth, TX 76111 Lukacsy, Gene T Etux Helga PO Box 1133 Colleyville, TX 76034 Ragan, Theron A Jr & Cynthia 204 Bandit Trail Colleyville, TX 76034 Walker, Grady M Etux Zerena PO Box 1905 Colleyville, TX 76034 Proposed Lot Layout ~Ii ~ .',_:"\ ill% "'-- ,",? - "i;,>> ",>' i- t- (X ;;) ::) i ~. 0 S 5 0 I ~I~II 3 ~ ~ q, ,.,.. 0 <( () X o I!f II! -! II! ~I ~ Ui ORDINANCE 0-06-1576 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 5.39 ACRES OUT OF THE MARY M. FREEMAN SURVEY LOCATED AT 209 AND 301 BANDIT TRAIL, FROM THE AG- AGRICULTURAL TO R20- SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application for a zoning change was filed by Keith Kithsiri on March 30, 2006, under Case No. Z-06-009; and WHEREAS, the City of CoUeyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to aU the property owners generally, and to the persons interested and situated in Ordinance 0-06-1576 Page 20f 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of said property from the AG-Agricultural zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A" and described in Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT 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 Co II eyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, . . the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7 . THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-06-1576 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT" A" 7308 EXHIBIT "B" londin J. O. o treet Pcge 1933. O~R.T.C. followt J SuNey. Abttreltt 533 t confaining c trod of lond Volume 5242. Page 3. 0Hd Records. Tarront in 0 deed to Renee C. Lewis recorded in VoItstM more p(rtl1.::ulorty detcribed by metes and bounds os oint ~ln9 8. Poge I corner f a trelt! of land ecords. Count T IIIXO$ Acrn. disklnclll of 306.90 f.t along mid south JiM of Bandit Troll to THENCE North 90.00'00" EaaI. 0 di,tonce of 141.20 feet olong sord south tine of Bandit Troll to 03/4' iron rod found for corner, along tM .R.T.C.T. . .n~~a<;!o City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1577 File Number: 0-06-1577 Version: 1 Requester: Police Department File Name: CCCPD BUDGET Attachments: CCCPD Fiscal Year 2007 budget. Ordinance 0-06-1577 File Type: Ordinance Agenda Date: 06/06/06 Agenda No.: 9d Status: First Reading Controlling Body: City Council Final Action: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Adopting an annual budget for Fiscal Year 2007 for the Colleyville Crime Control and Prevention District Explanation First Reading and Public Hearing In accordance with the Local Government Code, the Colleyville Crime Control and Prevention District Board (CCCPD) shall propose an annual budget. The budget must contain a complete financial statement; including a statement of outstanding obligations, the amount of cash on hand, the amount of money received by the district during the previous year, the estimated amount of money available to the district, the amount of money needed to fund programs approved, the amount of money requested for programs that were not approved, the tax rate for the next fiscal year, the amount of the balances expected at the end of the year in which the budget is being prepared and the estimated amount of revenues and balances available to cover the proposed budget. This budget will be presented to the CCCPD Board of Directors at the June 6, 2006 meeting. Financial Impact The CCCPD's projected revenue for FY 2007 is $1,042,956 with expenditures of $834,652. Proposed expenditures are for administrative board and audit expenses ($850), police officer ($66,042), four replacement police vehicles ($98,000), purchase of mobile digital video systems ($100,000), Teen Court program ($36,000), in-car mobile digital computer replacement ($13,000) and debt service ($520,760.) Recommendation Approval City of Colleyville Page 1 Printed on 5/31/2006 COLLEYVILLE CRIME CONTROL DISTRICT FY 2007 BUDGET PROJECTED 2006 PROPOSED 2007 FISCAL YEAR BEGINNING FUND BALANCE $426,812 $649,057 REVENUES: 1/2 CENT SALES TAX REVENUE $922,450 $950,124 INTEREST INCOME $13,500 $22,500 USE OF AVAILABLE CASH $0 $70,332 TOTAL REVENUES $935,950 $1,042,956 EXPENDITURES: ADMINISTRATIVE BOARD/AUDIT EXPENSES: $850 $850 PERSONNEL: POLICE OFFICER $65,567 $66.042 TEEN COURT $0 $36,000 CAPITAL: POLICE CARS $122,500 $98,000 IN-CAR MOBILE DIGITAL VIDEO SYSTEM $0 $100,000 DEBT SERVICE: 1999 CERTIFICATES OF OBLIGATION $524.788 $520,760 TRANSFERS: CAPITAL EQUIPMENT REPLACEMENT FUND- IN-CAR MOBILE DIGITAL COMPUTER SYSTEM $0 $13,000 TOTAL EXPENDITURES $713,705 $834,652 EXCESS REVENUES OVER EXPENDITURES $222,245 $649,057 $208.304 * ENDING FUND BALANCE $787,029 * MUST HAVE A 1.4 TIMES COVERAGE RATIO ($208.304) FOR DEBT SERVICE PAYMENT ORDINANCE 0-06-1577 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2007 FOR THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, FOR THE FISCAL YEAR BEGINNING OCTOBER 1,2006 THROUGH SEPTEMBER 30,2007, A COpy OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE UPON PASSAGE BY THE CITY COUNCIL. WHEREAS, the laws of the State of Texas require that an annual budget be adopted by the Board of Directors of the Colleyville Crime Control and Prevention District to adopt a budget; and WHEREAS, the laws require that the budget includes projected revenues and proposed expenditures, cash on hand at the start of the year, the amount of money received during the prior year, the tax rate and the projected ending fund balance; and WHEREAS, on June 6, 2006, the Board of Directors of the Colleyville Crime Control and Prevention District approved the following budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TX: Sec. 1. THAT the budget for the fiscal year beginning October 1, 2006 and ending September 30, 2007 for the Colleyville Crime Control and Prevention District, a copy of which is on file in the office of the City Secretary, is hereby made a part of this ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, TX, as the official budget for the fiscal year beginning October 1, 2006 and that the City Manager is authorized to execute all contracts and agreements approved as a part ofthe budget. Sec. 2. THAT the Fiscal Year 2007 budget amounts for the Colleyville Crime Control and Prevention District with a sales and use tax rate of .5% are as follows: Projected Revenue Received in Fiscal Year 2006 $ 935,950 Projected Cash on Hand as of October 1, 2006 $ 649,057 $1,042,956 $ 834,652 Revenues Expenditures Ending Fund Balance at September 30,2007 $ 787,029 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. The second reading and public hearing being conducted on the 2006. ATTEST: Cynthia Singleton, TRMC City Secretary Ordinance 0-06-1577 Page 2 of2 CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney day of day of + "h.'So)';" City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: R-06-2703 File Number: R-06-2703 File Type: Resolution Version: 1 Agenda Date: 06/06/06 Requester: Budget and Agenda No.: 10a Administrative Services File Name: Support for naming a United States Navy Ship the USS Fort Worth Attachments: Resolution R-06-2703.doc Status: Resolution Controlling Body: City Council Final Action: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title A resolution of support for naminga United States Navy Ship the USS Fort Worth Explanation The City of Fort Worth is requesting support for naming a United States Navy Littoral Combat Ship the USS Fort Worth. Fort Worth was established as a frontier post by the U.S. Army in 1849, and over the past 157 years has continued to maintain a strong bond with the U.S. military. Congresswoman Kay Granger has sent a letter to U.S. Secretary of Navy Donald C. Winter requesting that a future hull be named in honor of Fort Worth, joining the thirty-four American cities, including six Texas cities, that have active duty ships named for their communities. Secretary Winter has the exclusive privilege of selecting names for U.S. Navy ships. Financial Impact No financial impact statement. Recommendation Approval City of Colleyvi/le Page 1 Printed on 5/31/2006 RESOLUTION R-06-2703 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS IN SUPPORT OF NAMING A UNITED STATES NAVY SHIP THE USS FORT WORTH WHEREAS, Fort Worth was established as a frontier outpost in 1849 on the banks of the Trinity River by U.S. Army Maj. Ripley Arnold, who named the installation in honor of his recently deceased commanding officer, Maj. Gen. William Jenkins Worth; and WHEREAS, when the U.S. Army left four years later, residents living around the military fort decided to stay and, over the decades, the outpost has grown into the City of Fort Worth, ranked one of America's "Most Livable Communities"; and WHEREAS, for 157 years, Fort Worth has maintained a strong bond with the U.s. military, supporting and contributing to the protection of the American people and the defense of freedom; and WHEREAS, during World War I, Fort Worth was home to Camp Bowie, a U.S. Army installation that trained thousands of young men for battle in Europe, while also hosting three training airfields; and WHEREAS, during World War II, Fort Worth's donation of land provided incentives for the U.S. military to construct Carswell Air Force Base, resulting in a decision by a private aircraft manufacturer to build a bomber plant near the air base that today still produces outstanding military aircraft under the corporate banner of Lockheed-Martin Aeronautics, Inc.; and WHEREAS, Carswell Air Force Base was transformed in the 1990s into a Naval Air Station/Joint Reserve Base (NAS/JRB) that today is one of the military's premier facilities and home to all branches of the military; and WHEREAS, Lockheed Martin as well as Bell Helicopter Textron, plus many other local companies, make up Fort Worth's defense industry sector, renowned for manufacturing the best military equipment in the world for American's women and men in uniform; and WHEREAS, not only have thousands upon thousands of women and men from Fort Worth served, or are serving, in the U.S. military, but Fort Worth citizens historically have been strong supporters of the armed forces as evidenced by the united community efforts on behalf of NAS/JRB Fort Worth during various Base Realignment and Closure (BRACs) rounds; and Resolution R-06-2703 Page 2 of 3 WHEREAS, Fort Worth Congresswoman Kay Granger has written a letter to U.S. Secretary of Navy Donald C. Winter asking that a future hull - possibly Littoral Combat Ship (LCS) Hull 4, 5 or a later numbered hull in the new LCS class of U.S. Navy ships - be named the USS Fort Worth in honor of Fort Worth and its long and proud association with the U.S. military; and WHEREAS, while 34 American cities, including six in Texas, have active duty ships named for their communities, Fort Worth has never had such an honor despite its long military history; and WHEREAS, Secretary of Navy Donald C. Winter, who has the exclusive privilege of selecting names for U.S. Navy ships, would maintain the Navy tradition of selecting names that reflect a place, an event or an individual with character, spirit and service by naming a ship the USS Fort Worth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT the City of Colleyville supports Congresswoman Kay Granger's request to U.S. Secretary of Navy Donald C. Winter to name a future LCS the USS Fort Worth to honor Fort Worth's long and proud association with the U.S. military, and the City of Colleyville asks the Secretary of Navy to expeditiously name a LCS the USS Fort Worth. THAT the City of Colleyville sincerely believes that the USS Fort Worth name meets the U.S. Navy Secretary's test that a ship name reflect a city with character, spirit and service. THAT the City of Colleyville urges each and every citizen, student, organization, business and its friends and neighbors to support the campaign to name a U.S. Navy ship the USS Fort Worth. THAT a copy of this resolution be provided to Secretary of Navy Donald C. Winter and to the Chief of Naval Operations Adm. Michael G. Mullen to advise them of the City of Colleyville's desire that a U.S. Navy ship be named the USS Fort Worth. AND IT IS SO RESOLVED. NAYS AND 2006. ABSTENTIONS PASSED BY A VOTE OF AYES, ON THIS THE DAY OF ATTEST: Resolution R-06-2703 Page 3 of 3 CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor . "'(.'S~O; City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: R-06-2704 File Number: R-06-2704 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 06/06/06 Controlling Body: City Council Requester: Agenda No.: 10b Final Action: File Name: Approval of extending the FY2005 Water Meter Annual Purchase bid award to B20 & Associates in the amount of $60,569.00 Attachments: B20 & Associates Letter of Contract Extension . Resolution R-06-2704 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Approval of extending the FY2005 Water Meter Annual Purchase bid award to 820 & Associates in the amount of $60,569.00 Explanation Reading and Public Hearing In April 2005, City Council approved Resolution R-05-2536 to accept a bid for water meters from B20 & Associates. The bid award was in conjunction with the 1994 Water Conservation Plan, which allows for the replacement of ten (10) percent of the total water meters within the City consisting of one (1) inch or less in size on an annual basis for a total replacement cycle every ten years. When the bid was awarded in 2005, the following clause was included in the contract, "The City reserves the option to extend this contract for two additional one-year periods with any successful Bidder by mutual agreement between the Bidder and the City". The letter of agreement from B20 and Associates, extending the contract for FY2006 is attached. Staff contacted vendors which have offered bids on the water meters in the last two years. A review of current prices indicates there has been a 12 to 20 percent increase in brass prices in the past twelve months. Given the current price increase, the contract bid agreement extension is potentially saving the City a minium of $7,268.28. Financial Impact Funds are available in account Number 002-61-6654 Recommendation Approval City of Colleyville Page 1 Printed on 5/31/2006 B~O & Associates, Inc. 3103 Clear Lake Court Arlington, Texas 76017 Office 817~467~7oo6 Fax 817~465~6149 E-Mail: b2.o@sbcglobal.net r 08 06 02:'LUp l:SLU April 8, 2006 City of Colleyville 100 Main Street Colleyville, Texas 76034- To Whom It May Concern: By copy of this letter. we are informing the appropriate city officials that we are willing to extend the meter 'contract with the city through 2006 with no increase in pricing or decrease in service. We appreciate this opportunity to further be of service to the City of Colleyville and would take this opportunity to express our appreciation of your business and the professionalism and expertise of your city's staff. We are privileged to be honored with this contract extension. Sincerely. ~le-l- ~ Dick Boehler Vice President, 820 A woman~owned water utility specialties business Received Time=Apr. 8.= 2:22PM RESOLUTION R-06-2704 A RESOLUTION EXTENDING THE FY2005 WATER METER PURCHASE PROGRAM WITH B20 & ASSOCIATES WHEREAS, in 1994, the City adopted a water conservation plan to annually replace ten percent or the water meters that are one (1) inch or less; and WHEREAS, B20 & Associates is extending the 2005 contract pricing without an increase in cost or decrease in service. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the FY2006 Water Meter Purchase Program with 820 & Associates, in the amount of $60,569, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND 2006. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor ~::~~t.~~:. City of Colleyvi lie 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 - June 6, 2006 A.ttachments: Colleyville Center Marketing Subcommittee Minutes - April 11, 2005 . Colleyville Center Advisory Committee Minutes - February 20,2006 . Sign Board of Appeals Minutes - March 14, 2006 . Zoning Board of Adjustments Minutes - March 14,2006. Planning and Zoning Commission Minutes- May 8, 2006 . Street Capital Improvement Plan Committee Minutes - May 11, 2006 File Type: Report Agenda Date: 06/06/06 A.genda No.: 12 Status: Reports Controlling Body: City Council Final Action: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/06/06 City Council Title Colleyville Center Marketing Subcommittee Minutes - April 11, 2005 Colleyville Center Advisory Committee Minutes - February 20,2006 Sign Board of Appeals Minutes - March 14, 2006 Zoning Board of Adjustments Minutes - March 14, 2006 Planning and Zoning Commission Minutes - May 8, 2006 Street Capital Improvement Plan Committee Minutes - May 11, 2006 City of Colleyville Page 1 Printed on 5/3112006 COLLEYVILLE CENTER ADVISORY COMMITTEE MARKETING SUBCOMMITTEE MEETING MINUTES APRIL 11, 2005 6:00 P.M. COLLEYVILLE CENTER Present: Subcommittee Chair Sheryl Black, Center Advisory Chair Suzanne Harrington, Molly Skinner, Mark Johnson, Andrew Wayne, John Gray Center Manager Un Przybyl 1. Chair Sheryl Black called the meeting to order at 6:05 P.M. 2. Minutes for the August 17 and November 8, 2004 meeting were approved as read. 3. The Subcommittee discussed alternate marketing strategies. One suggestion was to send a mailer, targeting small businesses and pitching ways the Center can help in developing their business through utilization of Center resources. The Subcommittee also discussed highlighting testimonials from former business clients. The subcommittee requested staff research the possibility of installing a monument sign with changeable text on Riverwalk Drive. Staff will research. 4. The Subcommittee reviewed and discussed the annual benchmark survey for fees and services. 5. Chair Sheryl Black adjourned the meeting at 7:25 P.M. COLLEYVILLE CENTER ADVISORY COMMITTEE FY 2006 FIRST QUARTER MEETING FEBRUARY 20, 2006 MINUTES Present: Chair Suzanne Harrington, Karen Birkes, Sheryl Black, Muriel Havran, Mark Johnson, Pat Jones, Louis Miller, John Gray, Rob Rutherford, Paul Vigiletti, and Connie Nichols Outgoing Committee Members Mary Michaels and Bonnie Carroll Council Liaison George Boll, Center Manager Lin Przybyl, Center Coordinator Marilyn Gilbert Absent: Vice Chair Molly Skinner and Chuck Baudrau 1. Chair Suzanne Harrington called the meeting to order at 5:30 p.m. 2. Chair Suzanne Harrington announced the January 2006 City Council appointees, Connie Nichols and Chuck Baudrau. The Chair presented the outgoing Advisory Committee members, Bonnie Carroll and Mary Michaels, with an award recognizing their years of service. 3. Minutes for the November 28, 2005 meeting were approved as read. 4. The Committee reviewed and discussed the Colleyville Center FY 2006 - First Quarter Report. 5. The Chair opened nominations Advisory Committee Chair and Vice-Chair positions for a one-year term beginning February 2006. Suzanne Harrington was the only nominee for the Chair position. The Committee unanimously elected Suzanne Harrington as Chair. Molly Skinner was the only nominee for Vice-Chair. The Committee unanimously re-elected Molly Skinner as Vice-Chair. 6. Staff noted that the next scheduled meeting of the Marketing Subcommittee will be in April to provide feedback for FY 2007 Budget planning. 7. Meeting was adjourned at 6:30 p.m. SIGN BOARD OF APPEALS MINUTES OF MEETING - MARCH 14, 2006 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. on March 14, 2006 ROLL CALL Present: Rich Munson, Lisa Kenney, Skip Reynolds, Dee McNosky and Ed Moore Larry Knox and Uton Dellosso both absent Chris Fuller and Amy Shelley Alternates: Staff: APPROVAL OF MINUTES Ed Moore made motion to approve the minutes of the December 14, 2004 meeting as written. Rich Munson seconded. The motion passed by acclamation. AGENDA ITEMS 1. Case G-06-009 - PUBLIC HEARING - Request by John Blassingame for a variance from the Sign Regulations regarding a monument sign on Lot 3, Block 1, of the Southwest Colleyville Office Park Addition, located at 609 Cheek Sparger Road Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. John Blassingame, the applicant, came forward to brief the Board members and answer any questions. He stated being unaware of the 15 feet dedicated right of way at the time of purchasing the property. Chairman McNosky asked if there was anyone else wishing to speak regarding this variance request. There being none, the public hearing closed at 7:05 P.M. Ed Moore questioned Mr. Blassingame regarding who placed the sign? Mr. Blassingame replied the builder, Deguire Properties, was responsible for getting the sign placed. Ed Moore questioned Mr. Blassingame regarding if he knew the sign needed to be permitted? Mr. Blassingame replied he and the builder was unaware of the need for a permit at the time of placing the sign. Ed Moore stated the footing for the sign has already been poured. Why did the work stop? Mr. Blassingame stated they became aware; at that point, a permit was needed. Ed Moore stated the sign is too close to Cheek Sparger and will block the view of drivers on the adjacent street. Mr. Blassingame stated the sign for veterinary clinic next door is closer to Cheek Sparger than the one proposed in this request. Ed Moore stated that being correct, he remembered being on the Sign Board of Appeals when that sign was approved, part of the variance in the event the sign has to be moved, it is the expense of the clinic. Ed Moore stated their sign is farther east from the adjacent street. He stated the need to move the sign Mr. Blassingame is requesting to be moved back two more feet toward the parking lot. Ed Moore questioned Mr. Blassingame if he would have problems with moving the sign. Sign Board of Appeals Minutes - March 14, 2006 Page 1 of 3 Skip Reynolds questioned Mr. Blassingame regarding the size of the sign, is it front to back 9 feet long and ground to top is 8 feet high? Mr. Blassingame stated the monument signs are required to be that large according to code. Skip Reynolds questioned Mr. Blassingame regarding the types of business that will be advertised on the sign? Mr. Blassingame replied Edward Jones Investments along with three other smaller businesses. Skip Reynolds questioned Mr. Blassingame regarding the placement of the sign in reference to the curb? Mr. Blassingame replied about 30 feet from the curb, it has not been measured. Skip Reynolds questioned Mr. Blassingame if he is concerned about patrons exiting his parking lot? Mr. Blassingame stated there not being a problem, there is room to see both ways. Skip Reynolds questioned Mr. Blassingame regarding the east bound traffic on Cheek Sparger wanting to make a right hand turn into this lane to get to your building or the clinic; do you think there might be a visibility problem? Mr. Blassingame replied there are two driveways into my property; we share the entrance with the animal clinic. Rich Munson questioned Mr. Blassingame regarding the location of the parking lot in reference to the concrete swell? Mr. Blassingame replied the concrete swell is the front of the parking lot. If the code were to be followed as written, the sign would have to be placed in the parking lot. Rich Munson questioned the distance regarding from the foundation to the back of the curb for the parking lot, how far is that distance? Mr. Blassingame replied about 3 or 4 feet. Mr. Blassingame stated if the sign were to be placed closer to the parking lot, cars would ding the front end. Dee McNosky questioned Mr. Blassingame regarding the parking of the cars, when the cars pull up would they come up past the concrete swell? Mr. Blassingame replied yes, that is the front of the parking lot. Ed Moore made motion to reopen the public hearing to allow a citizen to speak. Skip Reynolds seconded. Approved by acclamation. Chairman McNosky opened the public hearing at 7:16 P.M. Steven Fryer, 4300 Briar Ridge Drive, Board of the Saddlebrook HOA, questioned staff and the Board regarding if the sign complies with all of the other sign codes other than the placement? Chris Fuller replied yes. Ed Moore questioned staff regarding if the sign had a minimum size it has to be? Chris Fuller replied not a minimum; the sign has to fall within the parameters. Mr. Blassingame replied the footing has to be a certain width and the columns have to be a certain height. Rich Munson questioned if these were the maximum allotted size? Chris Fuller replied correct. Chairman McNosky asked if there was anyone else wishing to speak regarding this variance request. There being none, the public hearing closed at 7:18 P.M. Skip Reynolds questioned Mr. Blassingame if the intentions were to build a smaller sign? Mr. Blassingame replied yes, it was brought to our attention the size and width of the columns had to Sign Board of Appeals Minutes - March 14, 2006 Page 2 of 3 be a certain size. Mr. Blassingame stated not having an issue with leaving the sign the originally size. Skip Reynolds questioned what the size was? Mr. Blassingame replied about six inches smaller than it is, but the same height and width. Dee McNosky stated there are guidelines in place so that the wording on the sign could be visible for traffic, as to not create traffic problems. Ed Moore made motion to approve the variance provided it moved to the south two feet and if it has to be moved for the widening of the street; those costs would be at the cost of the business owner. Skip Reynolds stated that the applicant has not requested those conditions, and that he would not be in favor of approving any provisions for this sign. This intersection is dangerous and until an application is brought forth for better placement, he stated being irrevocably opposed to the application, however, he stated being sympathetic with the desire of the building owner. Not having a second for the motion above, the motion did not carry. Ed Moore made motion to deny case G-06-009 as written. Skip Reynolds seconded. The motion to deny was approved, the vote being: Ayes: Kenney, Reynolds, McNosky, Munson Nay: Moore REPORTS AND COMMENTS None ADJOURNMENT Skip Reynolds made motion to adjourn. Lisa Kenney seconded. Vote was unanimous. The meeting adjourned at approximately 7:20 p.m. Amy Shelley Planning & Zoning Assistant Approved on: May 9,2006 Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is available upon request. Sign Board of Appeals Minutes - March 14, 2006 Page 3 of 3 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - MARCH 14, 2006 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:21 p.m. ROLL CALL Present: Lisa Kenney, Skip Reynolds, Dee McNosky, Rich Munson and Ed Moore Larry Knox (Alt. 1.) and Uton Dellosso (Alt. 2) Chris Fuller, Amy Shelley and Jeff Jones Absent: Staff: APPROVAL OF MINUTES Skip Reynolds made motion to approve the January 10, 2006 meeting minutes as written. Ed Moore seconded. Approved by acclamation. AGENDA ITEMS 1. Case A-06-001 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear yard setback on Lot B3, of the Sand Oak Acres Addition located at 4809 E. Jim Mitchell Trail Staff member, Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Ronald Dunlap, 7248 Glenview Drive, Richland Hills, the contractor, came forward to speak for the applicant in regards to the variance request. Jim Petric, 2500 Valley Ridge Court, spoke in opposition to the variance request stating this addition would be viewed right out side of our living area. Mr. Dunlap came forward to speak in regards to the questions raised during the public hearing. He stated the view will look the same, just a little closer. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:32 p.m. Lisa Kenney question Mr. Dunlap regarding if this variance is denied, would you know where a stand alone garage would be built? Mr. Dunlap replied not knowing. Lisa Kenney questioned if there would be enough room on the opposite side yard? Mr. Dunlap replied there being enough room on the north side, not on the south side rear yard property. Rich Munson questioned staff regarding the zoning for this property? Chris Fuller replied R20. Rich Munson questioned Mr. Dunlap regarding the size of the building to be constructed? Mr. Dunlap stated 11 feet by 21 feet, about 130 square feet. Rich Munson questioned Mr. Dunlap about placing it on the other side of the home? Mr. Dunlap replied not knowing if the applicant would want to do so. The applicant wants to be able to use the same driveway. Another driveway could be installed; it would be a bigger project for the applicant and he would have to decide. Zoning Board of Adjustment Minutes - March 14, 2006 Page 1 of 4 Ed Moore questioned Mr. Dunlap regarding if the any trees would have to be removed? Mr. Dunlap replied two small trees will have to be removed. Ed Moore made motion to deny case A-06-001. Skip Reynolds seconded. The motion was denied, the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None 2. Case A-06-002 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the rear yard setback on Lot 14, Block 1 of the Castleton Manor Addition located at 6904 King Charles Court Staff member, Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Tony Johann, 6819 Fallbrook Court, came forward to speak in regards of the applicant. Tom Adair, 901 John McCain, spoke in opposition to the variance request and stated the trees are not going to be able to be saved. He stated the applicant wants to build a large house and the only reason he needs the extra 15 feet is because of the size of the house. Joan Quinn, 6817 Pleasant Run, spoke in opposition to the variance request and stated the trees are not going to be able to be saved. Tony Johann came forward to speak in regards to the questions raised during the public hearing and stated the applicant wants to save the trees. The size of the home will not change. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:50 p.m. Skip Reynolds questioned Mr. Johann regarding if he has any financial interest in this project? Mr. Johann replied, yes, he is a partner in this development and own 12 lots as well. Skip Reynolds questioned Mr. Johann if he will reside in this addition? Mr. Johann replied no. Skip Reynolds questioned Mr. Johann if the structure is right against the rear yard building line? Mr. Johann replied correct. Skip Reynolds stated the way it sits on the lot, it would appear the applicant will have to get some sort of variance regarding the rear yard set backs. Mr. Johann replied the applicant would have to condense the design to make it fit. Skip Reynolds questioned Mr. Johann regarding the comments made before about the trees are not going to be able to be saved? Mr. Johann replied the applicant wanting to do everything in his efforts to save the trees for the integrity of the addition. Lisa Kenney questioned Mr. Dunlap if he or the applicant own lot 12? Mr. Johann replied no. Lisa Kenney stated the owner of lot 12 will be impacted, therefore having a structure so close to the home on lot 12. Ed Moore questioned Mr. Johann if there are trees closer to the lake that will be removed? Mr. Dunlap replied not knowing at this time which trees will be removed, some will need to be removed because of their condition. Ed Moore stated this variance is not just to save the trees but also to be able to build this large house. Rich Munson concurred with Ed Moore and stated the variance request is more to be able to build the house not save the trees. Zoning Board of Adjustment Minutes - March 14, 2006 Page 2 of 4 Dee McNosky concurred with Board members Rich Munson and Ed Moore. Ed Moore questioned staff regarding if the city has a tree ordinance? Chris Fuller replied those trees that are outside of the building pad will have to be mitigated on a per caliper inch basis. Skip Reynolds stated the burden of those trees could be with the new homeowner instead of the builder having to mitigate for the trees. Dee McNosky stated the homeowner would have to deal with those trees if they are left. If the trees die, which they probably will, the homeowner will not have to replace those trees if they do not want to do so. Rich Munson questioned staff regarding at what time does the tree mitigation take place? Chris Fuller replied before the certificate of occupancy. The builder is the one responsible for those trees until the certificate of occupancy is changed to the new homeowner. Lisa Kenney made motion to deny case A-06-002. Skip Reynolds seconded. The motion to deny was approved, the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None 3. Case A-06-003 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the side yard setback on Lot 7, Block 1 of the Villas Del Mar Addition located at 301 Del Mar Court Staff member, Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Gene Faulkner, 301 Del Mar Court, the applicant, came forward to brief the Board members. There being no one wishing to speak, Chairman McNosky closed the public hearing at 8:10 p.m. Mr. Faulkner came forward to speak in regards to the questions raised during the public hearing. Skip Reynolds questioned Mr. Faulkner regarding if the intentions was to build up to the building line and then ask for a variance? Mr. Faulkner stated no, we have always had intentions to build the deck, just did not know what size. Ed Moore questioned Mr. Faulkner regarding if the open space adjacent to his home will remain green space? Mr. Faulkner replied the area is dedicated as open space. Chris Fuller concurred the lot is dedicated as an open space lot in the ordinance. Dee McNosky stated the support letter comes from a neighbor across the open space area in a different development. Skip Reynolds questioned Mr. Faulkner regarding if the deck will go down the west side of the house to possibly block the view from anyone having a picnic in the open space area? Mr. Faulkner replied correct, for privacy and shading from the afternoon sun. Rich Munson questioned Mr. Faulkner regarding if the deck would be tied to the existing foundation? Mr. Faulkner stated leaving this design to the contractor so that it would not settle. Rich Munson questioned Mr. Faulkner why the need for a variance if the deck will not be attached to the house? Mr. Faulkner replied the building official requested the variance. Chris Fuller Zoning Board of Adjustment Minutes - March 14, 2006 Page 3 of 4 replied the building official may interpret the application with regards to whether or not a variance would be needed; therefore, that is why a variance has been requested. Ed Moore made motion to approve case A-06-003. Skip Reynolds seconded. The motion was approved, the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None 4. Case A-06-005 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the front building line setback on Lots 1 and 2, Block 1 of the Medlin Addition located at 7401, 7401A and 7409 Pleasant Run Road Staff member, Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Randy Moncrief, 7304 Pleasant Run Road came forward to speak in regards to the request. There being no one wishing to speak, Chairman McNosky closed the public hearing at 8:20 p.m. Skip Reynolds questioned Mr. Moncrief in regards to a variance being granted in the past? Mr. Moncrief replied that was a variance request for the west side of the street. This variance is for the east side of the road for the use of the pasture for the horses. Skip Reynolds questioned Mr. Moncrief if the new fencing would be at the same set back as the current fence? Mr. Moncrief replied correct. Ed Moore made motion to approve case A-06-005. Skip Reynolds seconded. The motion was approved, the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None REPORTS AND COMMENTS None ADJOURNMENT Ed Moore made motion to adjourn and Skip Reynolds seconded. Vote was unanimous and the meeting adjourned at approximately 8:30 p.m. Amy Shelley Planning & Zoning Assistant Approved on: May 9,2006 Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is available upon request. Zoning Board of Adjustment Minutes - March 14, 2006 Page 4 of 4 .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES -May 8,2006 CALL TO ORDER Chairman Duffy called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners, Robert McCormick, Dave Dudziak, Thomas Bartkowski, John Blassingame and Denis Duffy Absent: Commissioners Mary Taylor and Jeff Byerly Barry LeBaron, Chris Fuller, Amy Shelley, Chad Bartee, Fire Chief Mike Johnston and Fire Marshal Rob McKeown from staff were present. INVOCATION The invocation was given by Commissioner Duffy PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak made motion to approve the April 24, 2006 meeting minutes as written. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Bartkowski, Dudziak, Blassingame and Duffy Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-06-022 - Minor plat for 2.01 acres on Tract 1C1A, Abstract 206 of the BBB & CRR Survey located at 312 Lloyd Circle Chris Fuller presented the case and briefed the Commissioners. Commissioner Bartkowski made motion to approve case P-06-022. Commissioner Blassingame seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None 2. Case P-06-023 - Preliminary plat for Heritage Oaks Addition on 22.9 acres out of the G. Minter Survey located northwest of Glade Road at Heritage Avenue Planning & Zoning Commission Minutes - May 8, 2006 Page 1 of 7 Commissioner Blassingame made motion to approve case P-06-023. Commissioner Dudziak seconded. Commissioner Duffy questioned staff regarding if construction plans for the road are available with this plat? Barry LeBaron replied this is a preliminary plat; those construction plans for the entrance on Heritage Avenue will be available with the final plat The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None 3. Case P-06-024 - Preliminary Plat of Lots 7 - 13, Block 1 of the Glade Points Addition, 4.02 acres in the C. Cox Survey, Abstract 352, located in the 5100 block of Heritage Avenue Commissioner Blassingame made motion to approve case P-06-024. Commissioner Bartkowski seconded. Barry LeBaron presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding the 20 foot access required by the Fire Marshal between the buildings? Barry LeBaron replied the Fire Marshal wants the 20 foot access between the buildings because this is a commercial project since more than one building can be placed on the lot. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None PUBLIC HEARING AGENDA ITEMS 4. Case Z-06-009 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to R20-Single Family Residential on 5.39 acres out of the Mary M. Freeman Survey located at 209 and 301 Bandit Trail Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy opened the public hearing at 7:20 P.M. There being no one wishing to speak, the public hearing was closed at 7:20 P.M. Commissioner Duffy made motion to approve case Z-06-009. Commissioner Blassingame seconded. Commissioner Bartkowski questioned staff regarding the zoning in this area? Barry LeBaron replied these properties are all single family residential in nature. Commissioner McCormick questioned staff regarding if any letters in opposition have been received regarding this request? Chris Fuller replied no letters have been received. Planning & Zoning Commission Minutes - May 8,2006 Page 2 of 7 The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None 5. Case Z-06-011- PUBLIC HEARING - Request for a zoning change from AG-Agricultural and R40-Single Family Residential to R20-Single Family Residential and R30-Single Family Residential on 20.15 acres from Lots 2 and 3, Block 1 of the Lavaca Trail Addition and W.C. Newton Survey located at 909 and 1009 Lavaca Trail and 908 L.D. Lockett Road Chris Fuller presented the request and briefed the Commissioners. Commissioner Duffy opened the public hearing at 7:20 P.M. Jenny Oswald, 5841 Crescent Lane, spoke in opposition to the rezoning request with issues of the placement of the proposed street and drainage. Mark Zebrowski, 5834 Crescent Lane, spoke in opposition to the rezoning request with issues of the placement of the proposed street and drainage. Leslie Zebrowski, 5834 Crescent Lane, stated having issues with the placement of the street with it being used as a thoroughfare. Ed Clark, 6016 Sterling Drive, stated having issues with drainage and safety with increased crime in the area because of the street. He stated there are problems with drainage in the Emerald Park addition. Mark Christman, 5825 Crescent Lane, stated not against the rezoning of the property to residential but is against the proposed street, there should not be a cut through. He stated having concerns for drainage and safety of the street. Scott Sprawls, 5903 Crescent Lane, stated having issues with drainage. He stated having issues with the placement of the proposed street, crime, and the potential cut through use of the street. He stated his bedroom would be really close to the street and does not want it. Vernon Pereira, 5842 Crescent Lane, stated having issues with drainage and the possible noise, crime, speed and safety for children on bikes. Mark Robbins, 5907 Crescent Lane, spoke in opposition to the rezoning request with concerns for crime, noise, traffic and drainage. AI Grassi Sr., 6005 Sterling Drive, spoke in opposition to the rezoning request with concerns for drainage, traffic, noise and crime. However, he stated not being opposed to the rezoning request, just the way the subdivision is designed. Judy Ruggere, 1013 West Lavaca Trail, stated not having issues with the rezoning request to residential, however, she stated having issues with the drainage in the area. She stated there needs to be a water plan in place to be able to accommodate all of the water in the area. She stated at times, the water is knee deep over six acres. Prince Panchal, 6024 Sterling Drive, stated having concerns for drainage, safety and crime. He stated wanting the subdivision to be a gated community. Planning & Zoning Commission Minutes - May 8, 2006 Page 3 of 7 John Moody, 5935 Crescent Lane, stated having the same concerns as his neighbors. He stated having concerns for safety for his small children. Jeff Zimmerman, 501 Lavaca Trail, stated having issues with drainage, noise on the street and the smaller lot design. Robert Clouse, buying 5927 Crescent Lane, stated having issues in regards to the placement of the street and noise. He stated a proposed road was not discussed at the time we put a down payment of this home. We are willing to loose our money if the street goes in. There being no one wishing to speak, the public hearing was closed at 7:50 P.M. Commissioner Duffy questioned staff regarding how the 20 percent is calculated? Chris Fuller explained the process for calculating the 20 percent per state law. Commissioner Bartkowski questioned staff if the code requires streets to have two tiers of lots on each side of the street? Barry LeBaron replied correct and it would be an issue at the time of platting. It would create double frontage lots for those lots that are in Emerald Park and this would be a very bad urban design. However, that issue would be addressed during the platting process. Commissioner Bartkowski stated this could be a zoning issue because this type of density could not support the zoning? Barry LeBaron stated having to look at this project to see if there is enough land packaged together to be able to give the developer the density or would we be approving a poor design because of the minimal amount of property. The Emerald Park addition at least is wide enough to be able to have two good streets in there and have enough land for those lots. Commissioner Bartkowski questioned if the dead end street is allowed in Colleyville? Barry LeBaron replied when meeting with the developer staff suggested having a stub out for a road so that in the future connections or extensions could be made with other streets to have circulation. Commissioner Bartkowski questioned staff if the density is too much for this area because of the drainage issues, would the drainage support the density? Barry LeBaron replied drainage is a function of platting not zoning; therefore those issues would be discussed and solved during the platting process. Commissioner Dudziak concurred with Commission Bartkowski regarding the density of this project is a zoning issue. Ed Kellie, Kellie Engineering, 200 Rufe Snow Drive North, Keller, and Dan Bryson, partner with the development. Mr. Kellie stated being open to revise the conceptual plan in regards to drainage. He stated they have met with Emerald Park residents. He stated having an appointment with Robert Woods, city engineer, regarding the drainage and design features of the proposed project. Commissioner Dudziak questioned Mr. Kellie regarding how would he handle the double frontage lots? Mr. Kellie stated looking at cul-de-sacs, but he will have to work with the engineering and fire departments for him to be able to design an Planning & Zoning Commission Minutes - May 8, 2006 Page 4 of 7 addition that would satisfy the community and the city. He stated being aware of the concerns of the neighbors. Commissioner Duffy questioned Mr. Kellie if he has spoken with Larry Cole, the developer for Emerald Park, regarding the drainage issues? Mr. Kellie stated not haven spoken with Larry Cole regarding the drainage issues. He stated the drainage in Emerald Park appears to not be functioning to the full capacity. Commissioner Duffy stated being disappointed because there is not a drainage plan. Mr. Kellie stated Emerald Park's drainage was built to accept the drainage for the area. Commissioner Duffy made motion to deny case Z-06-011. Commissioner Blassingame seconded. Commissioner Dudziak questioned staff regarding what are the applicant's choices now that Planning and Zoning has recommended denial? City Attorney Matthew Boyle replied the applicant has two options, they can appeal to City Councilor they can work with staff and come back with an alternative and revised plan that would be permissible in accordance with the code. Commissioner Dudziak questioned if there is any time frame? Barry LeBaron replied the applicant has ten days to appeal to City Council. The motion was approved to deny by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None TABLED ITEMS 6. 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 Commissioner Bartkowski made motion to remove case Z-06-003 from the table. Commissioner McCormick seconded. The motion to remove from the table was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None Chris Fuller presented the request and briefed the Commissioners. Commissioner Duffy questioned staff regarding what the property to the right of the rezoning request is currently zoned? Chris Fuller replied R20. Commissioner Duffy opened the public hearing at 8:18 P.M. Michael Dotti, 1310 Tinker Road, the applicant came forward to present the request and brief the Commissioners. Commissioner Duffy questioned Mr. Dotti regarding where he currently lives? Mr. Dotti replied at 1310 Tinker Road, to the right adjacent to the property to be rezoned. Commissioner Duffy stated being concerned about selling the two lots in the future, how would you gain access to them? Mr. Dotti replied being able to access from his Planning & Zoning Commission Minutes - May 8, 2006 Page 5 of 7 property. He stated not having plans to develop in the future. Commissioner Blassingame questioned the applicant using the drawings, where he resides? Mr. Dotti used the drawings to explain where he lives. There being no one wishing to speak, the public hearing was closed at 8:21 P.M. Commissioner Dudziak made motion to approve case Z-06-003. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame Nay: Duffy 7. 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 Blassingame made motion to remove case Z-06-006 from the table. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame and Duffy Nay: None Chris Fuller presented the request and briefed the Commissioners. Commissioner Duffy opened the public hearing at 8:26 P.M. Frank Manzare, 5105 Apple Valley, the applicant, came forward to present the request and brief the Commissioners. Commissioner Dudziak questioned Mr. Manzare regarding the height of the building skirting will be? Mr. Manzare replied about eight feet, the vehicle will not be seen by the neighbors because of the fence and the skirting that will be around the building. Mr. Manzare presented examples regarding the materials used for the building. Commissioner Duffy questioned Mr. Manzare regarding if he has talked with the neighbors? Mr. Manzare stated not since the last meeting, he stated they talked after the meeting. Mr. Manzare stated being satisfied with what staff has recommended. There being no one wishing to speak, the public hearing was closed at 8:31 P.M. Commissioner Blassingame made motion to approve case Z-06-006 with staffs recommendations: a. The accessory building may not exceed 1,600 square feet. b. Ten (10) photinias placed on four (4) foot centers between the proposed accessory building and the property line. c. The location of the accessory building and carport shall be consistent with the site plan attached as Exhibit "0" in the draft ordinance. d. The building elevations shall be consistent with the drawing attached as Exhibit "C" in the draft ordinance. Planning & Zoning Commission Minutes - May 8, 2006 Page 6 of 7 e. The accessory building shall not be used for commercial purposes. f. The carport elevations shall be consistent with the drawing attached as Exhibit "B" in the draft ordinance. Commissioner McCormick seconded. Commissioner Dudziak stated not being comfortable approving this structure as one building. The motion was approved by the following vote: Aye: McCormick, Bartkowski, Blassingame and Duffy Nay: Dudziak STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Commissioner Duffy stated when the Longwood Development was approved; a south bound left turn lane was approved, but it is not there. Chad Bartee replied that turn lane is still in the plans. Commissioner Duffy questioned if it is planned right away or after the reconstruction of SH26? Chad Bartee replied right now. Commissioner Duffy questioned staff regarding how can it be made safer for people until the turn lane is approved? Barry LeBaron replied working with the developer to correct the issue until the turn lane is installed. Commissioner Dudziak stated the project was approved because the turn lane would be done prior to the project being opened. Barry LeBaron replied when working with TX Dot, you work at their speed, but it is in the process. Commissioner Dudziak questioned staff if the project is being delayed because of the turn lane? Barry LeBaron replied no, they are moving forward. Commissioner Duffy stated wanting staff to keep reporting to the Commission regarding the development. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Dudziak stated wanting to bring the Commissioners up to date regarding a phone call he received from a resident who lives behind the Hodges property. The resident seems to believe that there is an additional business being operated on the Hodges property. Commissioner Dudziak stated wanting staff to look in to the situation to see if that is the case because when Hodges was approved for the business, he had certain areas on his property that he could operate those businesses. Commissioner Dudziak stated being disappointed that there is not enough staff to look in to the situation before it got out of control. ADJOURNMENT The Commission adjourned the meeting at 8:36 pm by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: May 22,2006 Planning & Zoning Commission Minutes - May 8, 2006 Page 7 of 7 Minutes of the 2006 Citizens CIP Committee May 11, 2006 7:00 p.m. Colleyville City Hall 100 Main Street Executive Conference Room Roll Call: Committee attendees: Jody Short, Michael Muhm, Choyce Morrow, Stanley Hall, Dr. Joe Allen, Sean Bryan, Gail Manion were present. Staff attendees included Bill Lindley and Steve Chutchian. I. Call to Order Chairperson Short called the meeting to order at 7:00 p.m. II. Establish meeting dates, times and location Following discussion, it was once again the consensus of the committee to meet on the first Thursday of each month at 7:00 p.m. The committee also agreed to hold future meeting in the executive conference room of City Hall. III. Discussion of City Council charge and general work plan for the committee Committee members discussed the rating of streets in the community and the associated methodology for reaching the respective street ratings. Also discussed was the type of streets sections that might be recommended under various master thoroughfare plan guidelines. The Public Works Director, Steve Chutchian, distributed several items to the committee members to assist their efforts in evaluating candidate streets. v. Citizen comments There were no citizen comments VI. Adjournment There being no further discussion, Chairman Short adjourned the meeting at 8:30 p.m. RESOLUTION R-06-2705 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JUNE 6, 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 Signed This information is a Public Record I understand that I as Public Hearin public comm to five minutes and on items that are not designated Council must "suspend the rules" in order to hear represent: City: Name Agenda wish C' to address the City Council c~kt~s Item Number: {" f'\ on the following subject: IC~V~(J~ (i Telephone No Address: 17{ l-r...1 lDcto'Z Co ........_(,~N D"2- ?-300 w~ " Date 7-W(O SPEAKER CARD