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Home My WebLink AboutCity Council-Agenda Packets-7/5/2006 City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Mayor David Kelly and Mayor Pro Tern Jon Ayers Councilmembers George Boll, Tony Licata, Rich Hendler, Tom Hart and Mike Taylor Wednesday, July 5, 2006 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 City Council portrait sitting PC-2 Discussion of Roadway, Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees PC-3 Discussion of the 2007 Work Plan PC-4 Discussion of the July 5, 2006, City Council 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. 551.074 - Personnel - Deliberate the assignment and appointment of the Planning and Zoning Commission City of Colleyville Page 1 Printed on 6/29/2006 City Council Agenda July 5, 2006 Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Attorney 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 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Sister Dorothy Eggering, Good Shepherd Catholic Community 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-06-2717 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation - Parks and Recreation Month - Monica Walsh, Parks and Recreation Director 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2718 4a Approval of minutes of the regular City Council meeting of June 20, 2006 4b Approval of a Final Plat of Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres located at 5400-5408 Pleasant Run Road, Case P-06-030 City of Colleyville Page 2 Printed on 6/29/2006 City Council Agenda July 5, 2006 5. EMERGENCY ORDINANCE: READING AND PUBLIC HEARING 5a 0-06-1579 Approval of an Emergency Ordinance enacting water conservation measures for commercial and residential users 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 0-06-1578 Approval of an Amendment to Chapter 3.1-0il and Gas Well Drilling Production of the Land Development Code regarding permit fees, inspections and water usage, Case G-06-011 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a 0-06-1580 Approval of a Zoning Change from CN-Neighborhood Commercial to R30-Single Family Residential on 1.5 acres on Lot A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South, Case Z-06-014 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a R-06-2719 8b R-06-2720 8c R-06-2721 9. TABLED ITEM: 9a 0-06-1573 Approval to establish the Senior Center Advisory Committee and approve the Bylaws Consideration of appointment to the Tax Increment Financing District (TI F) Board of Directors Approval to amend and replace Resolution R-05-2599, adopting Rules of Procedure for Council meetings pursuant to the authority granted in Section 3.09B of the City Charter and establishing an effective date 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 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 6/29/2006 City Council Agenda July 5, 2006 11. REPORTS: Capital Improvements Advisory Committee Minutes - November 14, 2005 Zoning Board of Adjustment Minutes - May 9,2006 Capital Improvements Advisory Committee Minutes - June 12, 2006 Planning and Zoning Commission Minutes - June 12, 2006 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 5, 2006 Reading and Public Hearing - Resolution R-06-2722 13. 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 6/29/2006 C~e n.",,,,, City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Status: Pre Council Controlling Body: City Council Final Action: Requester: Office of the City Secretary File Name: City Council portrait sitting Agenda Date: 07/05/06 Agenda No.: PC-1 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 07/05/06 City Council Title City Council portrait sitting Explanation A photograph of the City Council is placed in the foyer of City Hall. Each year after the election, a photograph is taken of the new City Council. Financial Impact Funding is provided in Council Expenses, Budget Line Item 14-6294. City of Colleyvi/le Page 1 Printed on 6/28/2006 PROJECT 06202006 RAYMOND TURCO & ASSOCIATES JULY 2006 MY NAME IS AND I'M WITH RAYMAR RESEARCH. WE ARE NOT A DIRECT MARKETING FIRM AND THIS IS NOT A SALES CALL. WE ARE A PUBLIC OPINION RESEARCH FIRM, CONDUCTING A SURVEY ABOUT ISSUES IN YOUR COMMUNITY. WOULD IT BE ALL RIGHT IF I TOOK A FEW MINUTES OF YOUR TIME TO ASK YOU A FEW QUESTIONS? AREA (ELEMENTARY ATTENDANCE ZONE) O.C. TAYLOR BRANSFORD HERITAGE . . COLLEYVILLE GLENHOPE 1 2 3 4 5 SEX MALE . FEMALE 1 2 1. FIRST, HOW LONG HAVE YOU LIVED IN COLLEYVILLE? LESS THAN ONE YEAR 1 1 - 3 YEARS 2 4 - 6 YEARS 3 7 - 10 YEARS 4 10 - 20 YEARS 5 MORE THAN 20 YEARS 6 REFUSE TO ANSWER . 7 2. AND HOW SATISFIED OR DISSATISFIED ARE YOU WITH THE SYSTEM OF ROADS IN YOUR COMMUNITY. ARE YOU. . . . VERY SATISFIED 1 SATISFIED 2 DISSATISFIED . 3 VERY DISSATISFIED 4 NO OPINION . . .. 5 3. PLEASE RATE THE OVERALL CONDITION OF THE FOLLOWING TYPES OF ROADWAYS IN COLLEYVILLE: E G F P NO OPIN A) STATE HIGHWAY 26 1 2 3 4 5 B) THOROUGHFARES, SUCH AS GLADE, JOHN 1 2 3 4 5 MCCAIN, AND PLEASANT RUN ROADS C) NEIGHBORHOOD STREETS CONTAINED 1 2 3 4 5 WITHIN YOUR NEIGHBORHOOD D) NEIGHBORHOOD STREETS CONTAINED 1 2 3 4 5 WITHIN NEIGHBORHOODS OTHER THAN YOURS E) TRAFFIC INTERSECTIONS 1 2 3 4 5 4. IN THE LAST THREE YEARS, DO YOU FEEL THAT THE CONDITION OF ROADWAYS IN COLLEYVILLE HAS IMPROVED, STAYED ABOUT THE SAME, OR GOTTEN WORSE? IMPROVED . 1 SAME . . . 2 WORSE 3 NO OPINION 4 5. APPROXIMATELY FIVE YEARS AGO, HALL-JOHNSON ROAD WAS WIDENED TO 4-LANES. HOW WOULD YOU RATE THE FOLLOWING ASPECTS OF THAT ROAD TODAY E G F P NO OPIN A) TRAFFIC FLOW 1 2 3 4 5 7. OF THESE NINE ROADWAYS, ITS OVERALL CONDITION? BRANSFORD 1 CHEEKS SPARGER 2 GLADE . . . 3 JACKSON 4 JOHN MCCAIN 5 WHICH ONE WOULD YOU RATE THE WORST IN TERMS OF L.D. LOCKETT . 6 MCDONWELL SCHOOL 7 PLEASANT RUN 8 WESTCOAT . 9 NO OPINION. .10 8. IN THINKING ABOUT OTHER STREETS IN OR AROUND YOUR NEIGHBORHOOD, WHICH ONE WOULD YOU RATE THE POOREST IN TERMS OF ITS OVERALL CONDITION? 9. THESE NEXT QUESTIONS DEAL WITH TRAFFIC FLOW. IN THE LAST THREE YEARS, DO YOU FEEL TRAFFIC IN YOUR AREA HAS BECOME MORE CONGESTED, STAYED ABOUT THE SAME, OR BECOME LESS CONGESTED? MORE CONGESTED STAYED SAME. . LESS CONGESTED NO OPINION . . 1 2 3 4 10. READING THE LIST OF ROADWAYS AGAIN, WHICH ONE WOULD YOU RATE THE WORST IN TERMS OF THE NEED FOR IMPROVEMENTS? BRANSFORD 1 L.D. LOCKETT . 6 CHEEKS SPARGER 2 MCDONWELL SCHOOL 7 GLADE . 3 PLEASANT RUN 8 JACKSON 4 WESTCOAT 9 JOHN MCCAIN 5 NO OPINION .10 11. IN THINKING ABOUT OTHER STREETS IN OR AROUND YOUR NEIGHBORHOOD, WHICH ONE WOULD YOU RATE THE POOREST IN TERMS OF TRAFFIC FLOW? 12. HOW STRONGLY WOULD YOU SUPPORT OR OPPOSE THE CITY COUNCIL IMPROVING ROADWAYS AND INTERSECTIONS IN COLLEYVILLE? STRONGLY SUPPORT 1 SUPPORT . . . . 2 OPPOSE . . . . . 3 STRONGLY OPPOSE 4 NO OPINION . . . 5 13. AS YOU MAY KNOW, THE SUBJECT OF ROAD IMPROVEMENT IN COLLEYVILLE IS A VERY EMOTIONAL SUBJECT FOR SOME. WHICH OF THESE STATEMENTS WOULD BEST DESCRIBE YOUR ATTITUDES TOWARD ROAD IMPROVEMENTS IN COLLEYVILLE? I'M WILLING TO EXPLORE ALL 1 POSSIBILITIES I'M WILLING TO EXPLORE SOME 2 POSSIBILITIES I GENERALLY LIKE ROADS THE 3 WAY THEY ARE I'M UNWILLING TO EXPLORE 4 ANY POSSIBILITIES NO OPINION . . . . . .. 5 14. WHAT SUGGESTIONS WOULD YOU HAVE TO REDUCE TRAFFIC CONGESTION ON MAJOR THOROUGHFARES IN COLLEYVILLE? (PROBE: ANY OTHERS?) 1. 2 . 16. IF ROADWAYS ARE SLATED FOR IMPROVEMENT, ONE OPTION TO REDUCE COST WOULD BE TO REBUILD AND UPGRADE THEM USING ASPHALT IN PLACE OF CONCRETE. AS I READ YOU EACH STATEMENT ABOUT EITHER OPTION, PLEASE TELL ME HOW STRONGLY YOU AGREE OR DISAGREE WITH EACH SA A) I OPPOSE CONCRETE STREETS BECAUSE IT'S A 1 MUCH MORE EXPENSIVE PROCESS B) I LIKE COLLEYVILLE STREETS IMPROVED USING 1 ASPHALT AS THEY WOULD PROVIDE A CHARACTER THAT OTHER AREA CITIES DON'T HAVE C) I OPPOSE CONCRETE STREETS BECAUSE FUTURE 1 TRAFFIC WON'T JUSTIFY IT D) I DON'T WANT ASPHALT STREETS IN COLLEYVILLE 1 E) I LIKE ASPHALT STREETS BECAUSE THEY CAN 1 BE FIXED MORE RAPIDLY F) I SUPPORT CONCRETE STREETS BECAUSE THEY 1 WOULD BE MORE SMOOTH THAN ASPHALT 2 2 2 A 2 2 2 3 D 3 3 4 SD 4 NO 5 3 4 5 5 5 5 5 17. LET'S TALK ABOUT IMPROVING TRAFFIC FLOW IN OR AROUND INTERSECTIONS. HOW STRONGLY WOULD YOU SUPPORT OR OPPOSE THE FOLLOWING STRATEGIES BEING STUDIED . A) USE OF TRAFFIC CIRCLES, OR ROUND-ABOUTS TO REDUCE CONGESTION B) INSTALL PROTECTED TURN LANES FOR TURNING INTO NEIGHBORHOODS C) INSTALLING A THIRD LANE SO THAT CARS CAN MOVE AROUND OTHERS TURNING D) WIDER TRAVEL LANES ON EXISTING 2-LANE STREETS E) ADD 2 OR MORE LANES TO SOME STREETS F) STREET MAINTENANCE, SUCH AS RE-PAVING AND RESURFACING G) REBUILD DETERIORATING STREETS H) KEEP EVERYTHING THE WAY IT IS SS 1 1 1 1 1 1 1 1 S 2 2 2 2 2 2 2 2 o 3 3 3 3 3 3 3 3 3 3 4 4 NO 5 5 5 5 5 5 5 5 18. TO IMPROVE ROADWAYS, FUNDS WOULD HAVE TO BE RAISED. HOW STRONGLY WOULD YOU SUPPORT OR OPPOSE EACH AS A MEANS TO RAISE THE NECESSARY FUNDS SS S 0 SO NO 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 1 2 3 4 5 SUPPORT ROAD IMPROVEMENTS IF YOU PER YEAR? IF IT MAKES NO U ND/NO 2 3 2 3 2 3 2 3 2 3 2 3 STATEMENTS. PLEASE TELL ME HOW A) CITY ISSUED DEBT B) INCREASE IN PROPERTY TAXES C) A BOND ELECTION D) A DEDICATED PROPERTY TAX 19. WOULD YOU BE LIKELY OR UNLIKELY TO KNEW YOUR TAXES WOULD INCREASE DIFFERENCE, PLEASE TELL ME THAT ALSO. A) UNDER $100.00 B) $101.00 - $200.00 C) $201. 00 - $300.00 D) $301.00 - $400.00 E) $401. 00 - $500.00 F) OVER $500.00 L 1 1 1 1 1 1 20. I'M GOING TO READ YOU A LIST OF STRONGLY YOU AGREE OR DISAGREE WITH EACH. 4 SO 4 4 4 4 4 4 4 4 SA A D SD NO A) I WILL SUPPORT ROADWAY IMPROVEMENTS BUT NOT 1 2 3 4 5 IF IT INCLUDES ADDING LANES B) I WILL SUPPORT ROADWAY IMPROVEMENTS BECAUSE I 1 2 3 4 5 rflnT1C"rJ"1 'TIUQ r't T r"J'1V (""lI\Tll\1f~'" T T 'TIr\ T""\r\ 'TIUQ OTrUrTl rnu T1\lr ,------ ... ~ ^" ._--------_.__..,,-"""...,...-""'_....~---'"..~ 21. TO GET INFORMATION ABOUT POTENTIAL ROADWAY IMPROVEMENTS IN COLLEYVILLE, WHICH OF THE FOLLOWING SOURCES WOULD YOU MOST FREQUENTLY UTILIZE? (CIRCLE ALL THAT APPLY) DALLAS MORNING NEWS 01 HOMEOWNER ASSOCS. 06 FRIENDS/NEIGHBORS 11 STAR TELEGRAM 02 OWN EXPERIENCE 07 CABLE CHANNEL 12 CITY WEB SITE .. 03 COUNCIL MEMBERS. 08 CITY NEWSLETTER 13 CITY STAFF . .. 04 OTHER NEWSPAPERS 09 OTHER 14 FRIENDS/NEIGHBORS 05 COLLEYVILLE JOURNAL 10 LOCAL NEWS ONLY.COM 15 22. JUST A FEW MORE QUESTIONS. THE AVERAGE HOMEOWNER ($338,000 VALUE) IN COLLEVYVILLE PAYS APPROXIMATELY $1,175 ANNUALLY IN CITY TAXES. WOULD YOU RATE THE TAXES PAID VERSUS THE SERVICES PROVIDED A . . . . GREAT VALUE GOOD VALUE FAIR VALUE POOR VALUE NO OPINION 1 2 3 4 5 23. COLLEYVILLE CURRENTLY HAS THE LOWEST TAX RATE IN NORTHEAST TARRANT COUNTY. HOW IMPORTANT OR UNIMPORTANT IS IT FOR THE CITY TO CONTINUE TO HOLD THAT DISTINCTION IN THE FUTURE? VERY IMPORTANT 1 IMPORTANT 2 UNIMPORTANT 3 VERY UNIMPORTANT 4 NO OPINION . . . 5 24. THE FOLLOWING QUESTIONS ARE FOR CLASSIFICATION PURPOSES ONLY. WHICH OF THESE AGE GROUPS INCLUDES YOUR AGE? 18 - 24 YEARS 1 25 - 34 YEARS 2 35 - 44 YEARS 3 45 - 54 YEARS 4 55 - 64 YEARS 5 65 AND OLDER . 6 REFUSE TO ANSWER 7 25. DO YOU HAVE ANY CHILDREN, IN THE FOLLOWING AGE RANGES, CURRENTLY LIVING IN YOUR HOME? (CIRCLE ALL THAT APPLY) UNDER 6. 6 - 12 . 13 - 18 NO CHILDREN REFUSE TO ANSWER 1 2 3 4 5 26. IN NOVEMBER OF 2004, VOTERS DEFEATED A BOND ELECTION IN WHICH A PORTION OF THE FUNDS WOULD HAVE GONE TO ROAD IMPROVEMENTS. DO YOU RECALL VOTING IN THAT ELECTION? YES . . . . 1 NO . .... 2 REFUSE TO ANSWER 3 THAT'S THE END OF OUR SURVEY BUT COULD I CHECK TO SEE IF I DIALED THE CORRECT NUMBER. I DIALED AND COULD I HAVE YOUR FIRST NAME, ONLY IN CASE MY SUPERVISOR HAS TO VERIFY THIS INTERVIEW? CALLER INI. SHEET NUMBER ZIPCODE SURVEY LENGTH \G@~ :(~;~... City of Colleyville Agenda Briefi ng 100 Main Street Colleyville, Texas 76034 (817) 503-1000 INWW. colleyville. com File Number: Version: 1 Requester: File Type: Pre Council Status: Pre Council Controlling Body: City Council File Name: Community Development Department Discussion of Roadway. Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees Agenda Date: 07/05/06 ~genda No.: PC-2 Final Action: Mtachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/12/06 Capital Improvements Advisory Committee 06/26/06 Capital Improvements Advisory Committee 07/05/06 City Council Public Hearing - Tabled until 6-26-06 Recommended Approval Title Discussion of Roadway, Water and Wastewater Land Use Assumptions, Capital Improvement Plans and Impact Fees Explanation Representatives from the engineering consulting firm Kimley-Horn and Associates will present a summary of the update to the Water, Wastewater and Roadway Impact fee study that has been under development for the past year. The study has been completed and the process for adopting new impact fees has been scheduled for public hearing on July 18, 2006 and August 2, 2006 for City Council consideration. The purpose of this presentation is to provide a brief background of impact fees and the calculations used to support the impact fee collection rate that will be adopted by the City Council. The Capital Improvements Advisory Committee recommended approval of the impact fee study at the June 26, 2006 meeting. For your information, cities adopt impact fee ordinances to collect fees from new developments to help pay for the expansion of their water, sewer and major roadway systems to meet the additional demands placed on these systems created by new growth in the community. Colleyville was one of the first communities to collect impact fees in Texas, shortly after the state enabling legislation was authorized in 1989. Colleyville started collecting impact fees on new development in 1990. In Colleyville, the impact fee rate is assessed at the time a property is platted, while the impact fee is actually collected at the time a building permit is issued. City of Colleyville Page 1 Printed on 6/28/2006 Agenda Briefing Continued State impact fee regulations require municipalities that impose impact fees to periodically update their Capital Improvement Plans (CIP) every five years. The purpose of the periodic update is to provide for regular reviews of the criteria used to calculate impact fees so that the impact fee charges accurately reflect the estimated costs for making the capital improvements outlined in the CIP. A city that collects impact fees is required by state law to appoint a Capital Improvements Advisory Committee, which in Colleyville is composed of the members of the Planning and Zoning Commission, one developer and one realtor. State law requires the Capital Improvements Advisory Committee to make recommendations to the City Council on the CIP and to hold a public hearing to allow citizen comment and input. The Capital Improvements Advisory Committee and the City Council were previously provided with a copy of the document titled City of Colleyville Water, Wastewater and Roadway Impact Fee Update, which was prepared by the firm of Kimley-Horn and Associates, an engineering consulting firm located in Fort Worth. The CIP identifies the system improvements anticipated to meet the water, sewer and roadway improvement needs associated with new development over the next ten year period and provides cost estimates for making those improvements. Additionally, an electronic copy of the document was posted to the City of Colleyville web site, www.colleyville.com. The Capital Improvements Advisory Committee held a public hearing on June 12, 2006, to allow citizen comment and input on the CIP. Notice of the public hearing and the availability of the CIP on the City of Colleyville web site was mailed to those area homebuilders and developers who have been active in Colleyville during the past two years. There were no citizens, developers or homebuilders who spoke at the June 12, 2006 public hearing. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 6/28/2006 ~ cee '~.,... City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Status: Pre Council Controlling Body: City Council Final Action: Requester: Office of the City Manager File Name: Discussion of the 2007 Work Plan Agenda Date: 07/05/06 Agenda No.: PC-3 Attachments: 2007 Work Plan History of Legislative File Version: Date: Acting Body: Action Text: 1 07/05/06 City Council Title Discussion of the 2007 Work Plan Explanation This item is scheduled to allow final input by the City Council concerning the attached 2007 Work Plan which is scheduled for formal adoption at the July 18, 2006 Council meeting. The City Council conducted its annual planning session for the 2006-2007 fiscal year at City Hall in the Executive Conference Room on June 22 and 23, 2006. The broad seven goals of the Work Plan are supported by specific tasks designed to enhance the quality of life by Colleyville residents. As a follow up from the Council planning session, staff met to review the broad objectives and tasks for additional input. The use of the Work Plan is invaluable in keeping staff and projects on target with your expectations for the upcoming year. Financial Impact It has been determined that there is no financial impact. City of Colleyville Page 1 Printed on 6/30/2006 cee 7ifflde44 ~':!>-&~ 'Peotde ~ U a model cit<f ~ ~ to ~ an ~ and ~~- ~ ~ ~ to tJ<<I1,~, ~, and~, Mayor and City Council: On June 22-23, 2006, the Council held its annual planning session in part to identify the Work Plan for the coming year. This meeting resulted in the successful development of a draft document that represents seven specific work areas: . Economic Development . Public Works . Public Safety . Financiallntegrity . Recognition of paid and volunteer resources . Community relations . Leisure services The goals and objectives provide our residents and employees a clearer picture for the major work initiatives that the organization is focused on achieving with the purpose of enhancing the quality of life for our residents. As a follow up from the June 22-23 planning session, staff met to review the document for additional input. The various work items are provided in no particular order. In the coming weeks, I will provide you a quarterly timeline for accomplishment. I have assigned specific staff the responsibility for oversight of a goal that is not part of their routine departmental management. The working components of the Work Plan are managed by departmental managers who work with staff to ensure their timely completion. On a quarterly basis, I will review the work progress of the Work Plan with the City Council. The City Council has found the process of establishing policy goals to be a successful tool for accomplishing the multitude of City initiatives. By having a unified set of goals, I am able to use the Work Plan as a guide for continuing to provide superior service delivery by our employees to the residents of Colleyville. ~itt ~~ Bill Lindley City Manager Topic: Economic Development (Chief Tommy Ingram) Success defined: To have a balance between commercial and housing components of the overall tax base with a focus on promoting the city as a place for unique and boutique retailers offering the city as a destination place. Complete 2007 . Prepare a report that identifies public spaces and probable budget, for future consideration, for landscaping treatment and beautification promoting a "quality of life" statement through the offering of public art and visual landscaping. . Develop a marketing program promoting, through city funding, enhancing the cultural attributes provided by retailers unique and specialty products and also supporting community events (i.e. Annual BBQ) leading to regional attention for Colleyville. . Develop a report identifying outsourcing opportunities/costs for special events promotion and management in conjunction with the citizen's committee evaluation of festivals such as Celebrate Colleyville. . Prepare a study, and or participate in one, to evaluate development of a potential commuter rail center in conjunction with regional planning for the Cotton Belt Commuter Rail Line with a focus on retail development and/or cooperative partnership opportunities identifying probable local costs and economic impact while encompassing public input. . Evaluate landscaping and tree buffering regulations of residential areas from adjoining commercial developments for possible modifications to enhance buffering of residential areas. . Prepare a plan for the use of the former City Hall recommending either public uses or viability for sale for redevelopment opportunities. The study will provide opportunities for public input. . Complete the redevelopment opportunities to increase commercial viability and create a sense of unique destination for properties along SH26 while addressing challenges property owners will be confronted with associated with highway construction. . Develop advertising pieces to be placed in regional magazines for promotion of unique businesses, shopping, quality of public-private schools, and quality of housing. Initiate 2007 . Initiate development of a strategic retail development plan for the Precinct Line Corridor identifying challenges and opportunities, with corresponding work initiatives and incentive programs, to promote the expansion of retail sales. . Coordinate with the NCTCOG to review potential development of commuter rail for the Cotton Belt Commuter Rail Line with attention on retail development and/or cooperative partnership opportunities identifying probable local costs and economic impact while encompassing public input. Topic: Public Works (Kelly Cooper) Success defined: To have an infrastructure system properly maintained and funded providing effective management meeting citizens service demands and expectations. . Complete the development of a multi-year CIP for streets, thoroughfares and intersections. In conjunction with this work, upon submittal by the Citizen CIP Task Force, coordinate City Council work sessions and also public meetings for planning of an anticipated bond election by FY2008. . Prepare a report evaluating street maintenance enhancements by: ./ Expanding the partnership with Tarrant County ./ Evaluating the pavement maintenance system review ./ Evaluating means to enhance the service life of existing street pavements . Coordinate with Tarrant County scheduling, engineering and constructing of County bond projects. . Continue focus on construction improvements for SH26 and attention to business concerns by: ./ Implementing quarterly meetings with TxDOT and Tarrant County officials with Colleyville staff and officials to focus attention on continued progress with SH26. ./ Enhancing public information by use of mailers and website provided by TxDOT to property and business owners. ./ Identifying business sign template program to locate signs for business promotion during and after construction. . Implement design/construction on the following projects: ./ Church Street (SH26 west to Pleasant Run). ./ Glade at Heritage Intersection (Heritage west to Martin Parkway). ./ Pleasant Run turn lane (partnership with GCISD). ./ Bogart Road (engineering design) . Preserve the adequacy of water supply to residents by: ./ Continuing to educate citizens on the need for water conservation through advertisement (media and city sources). ./ Completing the construction of the five million gallon ground storage tank ./ Updating the Water Conservation Policy with attention to education, replacement of public plantin9s with drought tolerant plants, identify possible arboretum demonstration location(s), and enforcement program. ./ Developing a conservation plan for city parks and school sites to reduce irrigation watering. ./ Evaluating the viability of drilling wells for irrigation purposes for City Park, Pleasant Run Soccer Complex and McPherson Park. Topic: Public Safety (Terry Leake) Success defined: To provide efficient and user-friendly services that maintain the city as a safe, clean and attractive community for family and business. . Develop a plan to enhance the ISO insurance rating. . Complete construction of Fire Station One and Two by the Spring of 2008. . Prepare a financing plan for the acquisition of an aerial ladder truck and support firefighter staffing within the next five years. . Develop and continue programs in the Fire and Police departments to create an opportunity for fire candidate development program and citizen CERT along with the continuation of the Citizen Police Academy by the Police Department. . Enhance traffic enforcement to increase voluntary compliance to speed limits and other regulatory traffic controls throughout the city. . Prepare a traffic calming study to identify installation of calming techniques with attention also on potential streetscape opportunities. The study will provide attention to cost-benefit evaluation of improvements. . City departments will contact neighborhood organizations encouraging their active and participative involvement in reducing crime and code violations by: ./ The Police Department continuing work organizing neighborhood crime watch groups to actively monitor their neighborhoods. ./ The Code Enforcement Department developing an "eyes and ears" program for neighborhood groups to report neighborhood code violations. ./ Evaluate purchasing web based building permit software allowing accessibility to neighborhood groups monitoring building permit applications for applicability to privately enforced deed restrictions. Topic: Financiallntearitv (Barry LeBaron and Mike Johnston) Success defined: To bring the financial picture into balance by identifying expenses and revenues that sustain city growth and support service levels, while maintaining strong fiscal accountability and financial stewardship. . Develop a report on the operating features and cost for acquisition of a comprehensive financial software package with a focus for staff efficiency. The report will identify cost, funding opportunities and scheduling. . Structure the planned debt sale for fire station improvements with attention to minimizing the planned property tax increase and goal of maintaining the AA+ credit rating by S&P and Fitch. . Attain the national standards established by GASB 34 by: ./ Amending the Fund Balance Policy's 90 day standard for fund balance reserve to incorporate a percent of the unfunded TMRS retirement benefits. ./ Establishing an Accrued Leave Fund to cover costs associated for employee sick and vacation leave at separation/retirement with funds used to cover costs traditionally paid by operating funds. . Update of the annual five year financial plan identifying anticipated revenues and corresponding expenses. The plan will identify needed adjustments to staffing, programming and operations with attention to identified adjustments to user fees and taxes, as needed. Then plan will review scheduled reductions in debt, BRAC, TIF, and CCCPD obligations over the next twenty years. . Develop an implementation plan to begin providing utility customer billing by envelope with implementation to start after second quarter of fiscal year. . Manage city franchise services by: ./ Finalizing a model electric franchise ordinance ensuring payments for use of public properties-~asements. ./ Participation with regional and state group's opposition to announced rate increases for natural gas. ./ Continuing participating with regional member city coalitions exploring long term electric service contracts for internal city electric needs. ./ Prepare bid documents for refuse service bidding with public input opportunities by: · Interviewing neighborhood organizations · Conducting a survey of residents and business owners · Soliciting business perspective from the Chamber of Commerce Topic: Recognition of paid and volunteer resources (Monica Walsh and Steve Chutchian) Success defined: Effectively utilize and promote Colleyville's paid and volunteer human resources. . Implement the first year of the Workforce Development Plan. . Evaluate the development of a Citizens University providing a broad general education on the operating challenges and opportunities for the city. Focus will be on developing a concise program that providing interaction with Leadership Colleyville and the Citizen Police Academy. Input on class structure-format will be gained by input from neighborhood organizations and city standing committee chairpersons. . Prepare a job inventory for positions that are suitable for volunteer workers that includes a promotional program utilizing media, city outlets, and community groups. . Coordinate with local media articles showcasing human interest and innovative practices about employees and volunteers. A principal purpose of the articles is to promote broader attention to opportunities to volunteer with the city. . Develop, in conjunction with the five year fiscal plan update, a study identifying positions/staffing needs with a focus on service efficiencies. . Evaluate application for professional awards that recognize excellence and innovation in community programs and management recognition awards, including the: National ./ National Turf Association Award ./ U. S. Conference of Mayors City Livability Award ./ Life Safety Award (Fire Rescue) ./ Public Works Magazine Award ./ National Civic League All-American Award State ./ Keep Texas Beautiful Governor's Award ./ Texas Association of Municipal Information Officers TAMI Award ./ Texas Library Association Award ./ Texas Recreation and Parks Society Innovative Programs Award ./ Building Official Association of Texas Award ./ Texas Municipal League Municipal Excellence Award Local-Reoional ./ Northeast Texas Library System Awards ./ North Texas Council of Governments Regionalism Award ./ Colleyville Chamber of Commerce Volunteer Organization Award Topic: Community Relations (Mike Johnston) Success defined: To have a progressive city that values citizen involvement/communication and strong community organization relationships. . Continue for 2007, and prepare evaluation for future consideration, city interaction with community groups by hosting: ./ Board and Commission appreciation reception. ./ Citizens' orientation for Board and Commission service. ./ Volunteer appreciation reception. ./ Semi-annual Presidents Council meeting. ./ Offering a complimentary use of the Colleyville Center if civic-HOA groups host a group meeting to receive city presentation. ./ Scheduling quarterly Community-HOA Presidents meetings and evaluating holding a "State of the City" for one of the quarterly meetings. . Develop a monthly utility billing mailer to communicate key topics. . Distribute an Annual Report updating the Work Plan actions completed and attention to current year work efforts. . Create opportunities to learn about, understand, and celebrate the unique cultural traditions of Colleyville through recognition and displays in the Library for: ./ Colleyville History Month ./ Black History Month ./ Hispanic Heritage Month ./ Asian-American History Month ./ St. Patrick's Day Celebration . Prepare a marketing plan with a focus on using media and city resources (Channel 15, website, news releases, and mailers) to communicate about the city's services, accomplishments and issues in an effort to get articles published and stories broadcast. . Prepare a report on opportunities to develop a youth program by hosting: ./ Colleyville Youth Congress involving high school students consisting of the various campus and organization leaders identifying teen issues. Participants would be invited from the middle and high school campuses. ./ Colleyville Government Day including students selected from the various elementary schools that would "shadow" elected and appointed officials. . Develop a study identifying opportunities and costs for deploying a city-wide wi-fi internet system with consideration for private sector deployment and/or advertising to offset public costs with city website being secured as then users' browser. Topic: Leisure Services (Steve Chutchian) Success defined: Develop, expand, and promote leisure activity opportunities for the citizens. Complete 2007 . Complete construction for McPherson Park (Phase I). . Identify signage and landscaping opportunities along the Cotton Belt Rail Line promoting tourism in the city. In addition, the report will identify distinctive signage and landscaping for the various trail segments for better community recognition. . Coordinate with the Colleyville Garden Club areas for joint efforts for landscaping. . Capitalize on joint-use potential with the GCISD where open space on existing and future campuses can be used for recreational purposes to mutual benefit. . Acquire easements/acquisition for the creek corridor along Little Bear Creek for use as greenbelts, linear parks and causeways with a focus on beautification at SH26. The flood prone areas also serve as linkages for wildlife populations. Initiate 2007 . Initiate master plan study for the nine acres located immediately behind the Senior Center and the planned fire station. The study will include opportunities for public input by the general public, adjoining neighborhoods, and the GCISD. . Initiate the development of a strategic plan for recreation programming for the new senior center with attention to volunteerism, donations, non profit groups and intergovernmental assistance. . h'xa~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 07/05/06 Agenda No.: PC-4 Requester: Office of the City Secretary File Name: Discussion of the July 5, 2006, City Council agenda items Attachments: History of Legislative File Status: Pre Council Controlling Body: City Council Final Action: Version: Date: Action Text: Acting Body: 1 07/05/06 City Council Title Discussion of the July 5,2006, City Council agenda items City of Cofleyville Page 1 Printed on 6/26/2006 + "'('--"'~)":;' City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (81 7) 503-1000 www.colleyville.com File Number: Version: 1 File Type: Executive Session Status: Executive Session Requester: Office of the City Secretary File Name: Executive Session - Legal Consultation - July 5,2006 Agenda Date: 07/05/06 Agenda No.: 1 Controlling Body: City Council Final Action: Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 07/05/06 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. 551.074 - Personnel - Deliberate the assignment and appointment of the Planning and Zoning Commission Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Attorney Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 6/28/2006 RESOLUTION R-06-2717 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 5, 2006 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND 2006. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor City of Colleyville Agenda Briefing . ~ -h:i;~:(.' 100 Main Street Colleyville, Texas 76034 (817) 503-1000 WNW. colleyville. com File Number: File Type: Presentation or Proclamation Version: Agenda Date: 07/05/06 Agenda No.: 3 Requester: Office of the City Secretary File Name: Presentations and Proclamations - July 5, 2006 Attachments: Parks and Recreation Month Proclamation History of Legislative File Status: Presentations or Proclamations Controlling Body: City Council Final Action: Version: Date: Action Text: Acting Body: 1 07/05/06 City Council Title Proclamation - Parks and Recreation Month - Monica Walsh, Parks and Recreation Director city of Colleyvllle Page 1 Printed on 6/29/2006 RESOLUTION R-06-2718 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JULY 5, 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 r:ninutes of the regular City Council meeting of June 20, 2006 b. Approval of a Final Plat of Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres located at 5400-5408 Pleasant Run Road, Case P- 06-030 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 o City of Colleyville City Council Minutes - Draft City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Mayor David Kelly and Mayor Pro Tern Jon Ayers Councilmembers George Boll, Tony Licata, Rich Hendler, Tom Hart and Mike Taylor Tuesday, June 20, 2006 CITY COUNCIL CHAMBERS PC-1 PC-2 PC-3 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 20, 2006, at 5:36 p.rn. ROLL CALL: Councilpersons Tom Hart, Mike Taylor and Mayor Pro Tern Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Parks and Recreation Director Monica Walsh, Recreation Specialist Renee Garrett, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were present. Councilman George Boll arrived at 5:40 p.m. Councilman Tony Licata arrived at 7:15 p.m. Councilman Rich Hendler was absent. Discussion of Senior Center Advisory Committee Parks and Recreation Director Monica Walsh introduced Colleyville senior citizen group members Jim Moore, Connie Hampton, Jim Hampton, Ed Havran, Mary Weaver, Marion Jenkins and Sam McCollough. Ms. Walsh presented the proposed Senior Center Advisory Committee bylaws and answered questions of the City Council. There was general discussion of the proposed bylaws, the appointment process and the structure and authority of the Committee. 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 City Council determined that a meeting with the Grapevine-Colleyville Independent School District be scheduled in September 2006. City Council determined that a meeting with the Colleyville Area Chamber of Commerce be scheduled in August 2006. City Council determined that a joint meeting with the Parks and Recreation Advisory Board will be held on August 7, 2006. Discussion of date and time for Councilmember and City Council portraits City Council determined that the portrait sitting would be July 5, 2006, at 5:30 p.m. City of Colleyville Page 1 Printed on 6/30/2006 City Council City Council Minutes - Draft June 20, 2006 PC-4 Presentation of the Monthly Financial Report - May 2006 The meeting was adjourned prior to discussion of this item. PC-5 Discussion of the Board, Commission and Committee Appreciation Event City Secretary Cynthia Singleton presented information regarding a board, commission and committee appreciation event. City Council determined that the appreciation event would be held September 28, 2006, at the Colleyville Center. PC-6 Presentation of water usage and management practices City Manager Bill Lindley provided an overview of the meeting with the Trinity River Authority regarding water usage and management practices and the planned expansion of facilities. Public Works Director Steve Chutchian provided information regarding the City's water conservation plan. PC-7 Discussion of the June 20, 2006, City Council regular agenda items There was general discussion regarding agenda item 7h, Appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees. Mayor Kelly stated that the applicant for agenda item 8b, requested a continuance to the July 5, 2006 meeting. Mayor Kelly stated that the ordinance for agenda item 8a includes additional language for proper ingress and egress in accordance with the International Fire Code. There being no further business, Mayor Kelly declared the meeting adjourned at 6:31 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 20, 2006, at 6:54 p.m. ROLL CALL: Councilmembers George Boll, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Development Coordinator Chris Fuller, Human Resources Director Kelly Cooper, Network Administrator Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were present. 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 City of Colleyville Page 2 Printed on 6/30/2006 City Council City Council Minutes - Draft June 20, 2006 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 Mayor Kelly explained that the Executive Session had been called in acordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:55 p.m. and reconvened at 7:35 p.rn. The invocation was given by Councilman George Boll and City Attorney Matthew Boyle led the Pledge of Allegiance. 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-06-2706 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation - Recognition of employees for years of service In recognition of the City of Colleyvil1e's 50th Anniversary, Mayor Kelly read the June 11, 1968, City Council minutes. Mayor Kelly presented Certificates of Recognition for years of service to Firefighter/Paramedic Daniel Torti and Parks Superintendant Chuck Majors and recognized employees Marc Russelll, Toni Shults, Randy Bright and Norman King Mayor Kelly congratulated Robert McKeown for the recent promotion to Fire Marshal. Mayor Kelly recognized Chad Bartee for earning the Professional Engineering certification. Mayor Kelly announced that the applicant for agenda item 8b requested a continuance. The public hearing wil1 be held but no action wil1 be taken. Councilman Hendler announced that the first meeting in July wil1 be held on City of Colleyville Page 3 Printed on 6/30/2006 City Council City Council Minutes - Draft June 20, 2006 Wednesday, July 5, 2006, due to the Fourth of July holiday. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-06-2707 4a Approval of minutes of the regular City Council meeting of June 6, 2006 4b Approval of a lease purchase agreement with Koch Financial Corporation for the lease of a Pierce Quantum Custom Pumper Fire Truck in the amount of $408,716.00 4c Approval of a construction contract with Reynolds Asphalt Co., for the Resurfacing of San Bar Lane and Greenbriar Lane, in the amount of $126,040.00, and authorize the City Manager to execute the contract 4d Approval of setting the date of July 18, 2006, for a public hearing to consider a request by Covenant Christian Academy for a two year extension on the use of two existing portable buildings located at 715 Cheek Sparger Road, Case G-06-018 4e Approval of the purchase of Radar Speed Display Signs from Houston-Galveston Area Council of Governments (HGAC), in the amount of $41 ,280.00 4f Approval of an Amendment to Resolution R-02-1933 to amend the Master Signage Plan for Town Center Colleyville to allow a wall sign to extend up to 48 inches above the roof line on buildings containing over 30,000 square feet of floor area, Case G-06-019 Mayor Keffy read Resolution R-06-2707 in its entirety. Mayor Keffy opened the public hearing. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-06-2707. Councilman Hart seconded the motion. City Manager Biff Lindley provided information related to the Radar Speed Display Signs. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 4 Printed on 6/30/2006 City Council City Council Minutes - Draft June 20, 2006 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 Mayor Kelly read the caption of Ordinance 0-06-1574. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Hart moved to approve Ordinance 0-06-1574. Councilman Licata seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5b 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 Mayor Kelly read the caption of Ordinance 0-06-1575. Mr. Frank Manzare, 5105 Apple Valley Drive, applicant, provided information regarding the purchase of the property and conditions related to the plans and construction of a carport. Mayor Kelly opened the public hearing. 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 Ordinance 0-06-1575. Councilman Hendler seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5c 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 Mayor Kelly read the caption of Ordinance 0-06-1576. Community Development Manager Barry LeBaron stated that an additional letter of opposition to the proposed ordinance was received on June 20, 2006, and distributed to City of Colleyville Page 5 Printed on 6/30/2006 City Council City Council Minutes - Draft June 20, 2006 the City Council. Mayor Kelly opened the public hearing. Mr. Grady Walker, 7301 John McCain Road, spoke in opposition to R20 zoning and regarding drainage issues. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding zoning in the surrounding area, drainage issues within the City and standards for drainage and retention ponds. Councilman Hart moved to approve Ordinance 0-06-1576. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5d 0-06-1577 Adopting an annual budget for Fiscal Year 2007 for the Colleyville Crime Control and Prevention District Mayor Kelly read the caption of Ordinance 0-06-1577. Mayor Kelly opened the public hearing. 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 Ordinance 0-06-1577. Councilman Hendler seconded the motion. Mayor Kelly reviewed the Colleyvi/le Crime Control and Prevention District (CCCPD) projected revenues and expenditures. Mayor Pro Tem Ayers stated that the Metroport Teen Court expenses are included in the CCCPD budget and that the budget provides for public safety. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-06-1578 Approval of an Amendment to Chapter 3.1-0il and Gas Well Drilling Production of the Land Development Code regarding permit fees, inspections and water usage, Case G-06-011 Mayor Kelly read the caption of Ordinance 0-06-1578. City of Colleyvi/le Page 6 Printed on 6/30/2006 City Council City Council Minutes - Draft June 20, 2006 Community Development Manager Barry LeBaron provided an overview of the proposed Ordinance. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the use of existing private water wells for drilling and domestic water requirements. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-06-2708 Consideration of appointment to the Celebrate Colleyville Steering Committee Mayor Kelly read Resolution R-06-270B in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Pro Tem Ayers moved to approve Resolution R-06-270B, appointing Nelson Thibodeaux to the Celebrate Colleyville Steering Committee through December 2007. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart Nay: 1 - Mike Taylor 7b R-06-2709 Consideration of appointments to the Colleyville Library Board Mayor Kelly read Resolution R-06-2709 in its entirety. Mayor Kelly opened the pUblic hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Pro Tem Ayers moved to approve Resolution R-06-2709, appointing Karen Birkes to Place 2, Susan Potter to Place 4, Mary Alice Rippe to Place 6, Carol Wollin to Place 7 and Nancy Bowen as Alternate 2 and the ex officio members are Steve Banta, Nancy Coplen, Dr. Larry Oar/age, Mayor David Kelly, Ret Stansberger and the Presidents of the Colleyville Public Library Foundation and the Friends of the Colleyville Public Library. Councilman Taylor seconded the motion. City of Col/eyvil/e Page 7 Printed on 6/30/2006 City Council City Council Minutes - Draft June 20, 2006 7c 7d 7e R-06-2710 R-06-2711 R-06-2712 The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Consideration of appointments to the Colleyville Economic Development Corporation Mayor Kelly read Resolution R-06-2710 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Councilman Boll moved to approve Resolution R-06-2710, appointing Councilmembers Ayers, Hendler and Hart to the Colleyville Economic Development Corporation. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Consideration of appointment to the Audit Committee Mayor Kelly read Resolution R-06-2711 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Pro Tem Ayers moved to approve Resolution R-06-2711, appointing Councilman Licata to the Audit Committee. Councilman Taylor seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Authorize the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an electric supply agreement for deliveries of electricity effective January 1, 2007 Mayor Kelly read Resolution R-06-2712 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed City of Colleyville Page 8 Printed on 6/30/2006 City Council City Council Minutes - Draft June 20, 2006 the public hearing. 7f R-06-2713 7g R-06-2714 Mayor Pro Tem Ayers moved to approve Resolution R-06-2712. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Denial of Atmos Energy Corporation's Statement of Intent to increase rates Mayor Kelly read Resolution R-06-2713 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly reopened the public hearing to allow citizens to speak. Ms. Mary Jean Moloney, 800 East Border Street, Arlington, Texas, representing Atmos Energy Corporation, recommended denial of Resolution R-06-2713. 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 Resolution R-06-2713. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Denial of Atmos Energy Corporation, Mid-Tex Division's Gas Reliability Infrastructure Program (GRIP) rate increase Mayor Kelly read Resolution R-06-2714 in its entirety. Mayor Kelly opened the public hearing. Ms. Mary Jean Moloney, 800 East Border Street, Arlington, Texas, representing Atmos Energy Corporation, recommended denial of Resolution R-06-2714. 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 Resolution R-06-2714. Councilman Boll seconded the motion. City Manager Bill Lind/ey spoke regarding the rate structure of Atmos Energy Corporation. City of Colleyville Printed on 6/30/2006 Page 9 City Council City Council Minutes - Draft June 20, 2006 The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7h R-06-2715 Appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees Mayor Kelly read Resolution R-06-2715 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the City Council liaisons to the boards, commissions and committees and the City Council determined who would serve on each. Mayor Pro Tern Ayers moved to approve Resolution R-06-2715. Councilman Hendler seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 8. TABLED ITEM(S): 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 Mayor Kelly asked if anyone wanted to remove Ordinance 0-06-1572 from the table. Mayor Pro Tem Ayers moved to remove Ordinance 0-06-1572 from table. Councilman Hart seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly read the caption of Ordinance 0-06-1572. Community Development Manager Barry LeBaron stated that a revised proposed ordinance was distributed to Council. Mr. Neil Hart, 1600 Glade Road, applicant, provided information regarding the history of the business, building improvements and stated reasons for requesting a Special Use Permit. Mayor Kelly stated that there have been two public hearings and that this item was tabled on June 6, 2006, without a continuance of a Public Hearing and that there would City of Colleyville Page 10 Printed on 6/30/2006 City Council City Council Minutes - Draft June 20, 2006 be no public hearing on this item. There was discussion regarding a time period for the Special Use Permit. Mr. Hart was present to answer questions of the Council. Fire Chief Mike Johnston stated that the additional conditions added to the Ordinance achieves the goals of the International Fire Code standards. Discussion continued regarding access to the property. City Attorney Matthew Boyle stated that the long term ability to use Ross Road for access to this site has not been determined and the orange dedicated easements are guaranteed. Community Development Manager Barry LeBaron outlined the allowed uses of the property. Mayor Pro Tem Ayers moved to approve Ordinance 0-06-1572, with the modifications made resulting from the applicant's meeting with Fire Department officials. Councilman Hart seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Nay: 2 - George Boll, Rich Hendler 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 Mayor Kelly read the caption of Ordinance 0-06-1573 and stated that the Public Hearing is continued from the June 6, 2006 City Council meeting and opened the public hearing. Mayor Pro Tem Ayers moved to remove Ordinance 0-06-1573 from table. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Mayor Pro Tem Ayers moved to open the public hearing tonight and continue the public hearing to the July 5, 2006, City Council meeting. Councilman Boll seconded the motion. Mayor Kelly stated that the public hearing would be opened and, subsequently, would entertain a motion to continue the public hearing to the July 5, 2006, City Council meeting. Ms. Gaye Wimmer, 5700 Winding Trail, spoke in opposition to the proposed ordinance and regarding noise pollution and drainage issues. City of Colleyville Page 11 Printed on 6/30/2006 City Council City Council Minutes - Draft June 20, 2006 Mr. Martin Wimmer, 5700 Winding Trail, spoke in opposition to the proposed ordinance and regarding commercialization in a residential neighborhood, reduction of property values and the future development of the property. Mr. Mark Humiston, 5501 Dusty Court, spoke in opposition to the proposed ordinance and regarding a neighborhood survey, noise pollution, the Master Plan, drainage issues and current deed restrictions. Ms. Kathy Hadley, 204 Timberline North, spoke in opposition to the proposed ordinance. Mayor Pro Tem Ayers moved to continue the public hearing to the July 5, 2006, City Council meeting. Councilman Boll seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Luann Edwards, 220 West Glade Road, spoke regarding the development of the Rockrimmon subdivision related to the time of day construction begins and ends, the process for development citations and preventative measures to decrease violations. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the reconstruction of SH26, synchronizing traffic lights on SH26 and the structure of the City Council agenda. 10. REPORTS: Parks and Recreation Advisory Board Minutes - May 1, 2006 Library Board Minutes - May 8, 2006 Planning and Zoning Commission Minutes - May 22, 2006 Street Capital Improvement Plan Committee Minutes - June 1, 2006 There was no action taken on this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 20, 2006 - Reading and Public Hearing - Resolution R-06-2716 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilman Taylor moved to adjourn. Councilman Boll seconded the motion. City of Colleyville Page 12 Printed on 6/30/2006 City Council City Council Minutes - Draft June 20, 2006 The motion carried by the following vote and Mayor Kelly adjourned the meeting at 9:28 p.m. Aye: 7 - David Kelly, George Boll, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, DAY OF NAYS AND 2006. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyvi/le Page 13 Printed on 6/30/2006 ~.;:~r.~~:- City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Controlling Body: City Council Version: Agenda Date: 07/05/06 Agenda No.: 4b Final Action: Requester: Community Development Department File Name: Approval of a Final Plat of Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres located at 5400-5408 Pleasant Run Road, Case P-06-030 fl.ttachments: Zoning Map' Plat History of Legislative File Version: Date: Acting Body: Action Text: 06/12/06 Planning and Zoning Commission 07/05/06 City Council Title Approval of a Final Plat of Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres located at 5400-5408 Pleasant Run Road, Case P-06-030 Explanation Reading and Public Hearing Richard Warner is the potential developer of a 4.3-acre parcel of property located on the west side of Pleasant Run Road, north of Central Drive. The developer has submitted a preliminary plat to divide the property into 16 lots for the construction of 15 new single-family residences and one open space lot. The City Council approved the preliminary plat for this development on May 16, 2006. Zoning. The proposed lots are located in an R10-Single Family Residential zoning district. The regulations for the R 10 zoning district were deleted from the zoning ordinance on December 3, 1974 with the approval of Ordinance 0-74-189. A copy of the ordinance is attached. Ordinance 0-74-189 states that all previously granted applications for R 10 zoning shall continue in full force and effect. There are only two areas in Colleyville with the R10 zoning designation, and these are largely already developed. Except for a few lots in various locations around Colleyville that exceed the R 10 minimum standards and could be subdivided in the future, the subject property is the only remaining largely undeveloped area with the R10 zoning. The R10 zoning district requires a minimum lot width of 75 feet and lot depth of 100 feet, and a minimum lot area of 10,000 square feet. The proposed lots meet the dimensional standards for the R10 zoning district. City of Colleyville Page 1 Printed on 6/2812006 Agenda Briefing Continued There is an existing structure on Lot 8 that will remain on the lot. The applicant is proposing a 25-foot front yard setback in lieu of the required 3D-foot setback on Lot 8. The Land Development Code permits the approval of a plat which contains a lot that does not meet the minimum requirements when special conditions exist. Staff regards the preservation of an existing house on a lot as a special condition that justifies the proposed setback. Waiver Request. The Land Development Code requires front yard setbacks along both roadway frontages of corner lots. Lot 1 is required to extend the 3D-foot front yard building line along a portion of the lot that is adjacent to Pleasant Run Road. The applicant originally requested to reduce the building line from 3D-feet to eight feet in order to increase the building pad area within the lot. Staff was concerned that a two story home constructed only eight feet from the Pleasant Run Road right-of-way line would not be consistent with the amount of set back existing on other homes along Pleasant Run Road. Staff conducted a visual survey of homes along this street and determined that one home near the intersection of Bogart Street is approximately fifteen feet from the street right-of-way. The Planning and Zoning Commission recommended approval of the plat with a front yard set back of twelve (12) feet along Pleasant Run Road. Sidewalks and Trails. The Land Development Code requires sidewalks on public streets. The sidewalk along Pleasant Run Road is required to be five feet wide. The sidewalk must be constructed at the time building improvements are made to this property. Internal sidewalks must be installed when any new residence is constructed on the property. The internal sidewalks must be at least four feet wide, and the developer is required to construct the sidewalks as part of the public improvements for this property. Drainage. This project provides an open space lot adjacent to Pleasant Run Road that will contain a detention pond. A drainage analysis for the development has been reviewed by the Engineering Department. Perimeter Street Improvement Requirements. Perimeter street improvements are required since Pleasant Run Road is considered an unimproved street and the plat contains more than one residential lot. The developer is dedicating additional right-of-way along Pleasant Run Road and is required to construct a portion of the street to current standards or escrow a cash equivalent, as determined by the Engineering Department. The perimeter street improvement fee is based on the projected roadway impact of the proposed development and the amount of frontage along a public roadway. This development has a total of 298 feet of frontage along Pleasant Run Road. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for new structures on newly platted lots. The fee for residential uses is $1 ,8D2 per residential lot. The fee must be paid before the plat is recorded with the County Clerk's Office. Summary. The applicant has addressed all Development Review Committee comments. With the exception of the setback on Lot 1, the proposed development appears to satisfy City of Co/leyvitle Page 2 Printed on 6/28/2006 Agenda Briefing Continued the platting standards contained in the Land Development Code. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this request at the June 12, 2006 meeting and recommended approval of the request by a unanimous vote, subject to the following condition: A. Lot 1 front yard set back of twelve (12) feet along Pleasant Run Road. Financial Impact It has been determined that there is no financial impact. Recommendation Approval of the plat with the condition of a Lot 1 front yard set back of twelve (12) feet along Pleasant Run Road per the Planning and Zoning Commission recommendation. City of Colleyville Page 3 Printed on 6/2812006 Zoning Map ----, (.,SJ <:( \ \ \ I \ \ I " \ II \ ~~ 0:: 1-, ml - 01 o N I 0: ,~:/.,., ::....~-~~-,<:~ Plat .. .., c.... ID c:: .. %,. !~>': i ~.'" : .~. ,'. :=.' . . ,C:!r) , .- .'~ ".!'. '.. ..,'..I.;.........,I.'llJi.!...'.iH......I...".h.R..,. ..,.........'.:....';.. ..... "...,:..... .'. ..':i ..' .. .... 1= . f.tf!!.ml I '1" " . ". .' '" . 'I~: ~":'. :Ifi.....,., . 'l. '. . 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"I. ..;y, '.' . . . i .. .. r. . 't .. ~ ' . tl '~~ .~ ~ . ".. ..""...... : . 'I i.~ I...... _,~l^ " 1/ !tt:=' 1 >'. hft.. r ,! ItL ",.' . ". ,~...'.. .... . ..... .it '. f..'..... a; .ft!~t '~I ....~.II.. .... J5....:S.' ....:; .11" ~J~r ~t~,. ;~::; SPEAKER CARD the City Council on the following subject: Date Address Telephone No wish Item Number: Agenda Name City organization/self I understand that I am limited to five minutes and on items that are not designated as Public Heat;ings, the City Council mpst "suspend the rules" in order to hear public ts or questi, is information is a Public Record Date 7-5'-0 ~ I wish to address the City Council on the following subject: I~r (!()f1SerClafior\. Agend!if4mb~ Address:~(. Name: Y l'-G'f city:b~'j l/il/~ .. Telephone No I represent: ~ ~ -- organization/self I understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must ususpend the rules" in order to hear public commeRts or questiolls. Signed Record + "1l'x.ri> City of Colleyville Agenda Briefing 100 Main Street Colleyville. Texas 76034 (817) 503-1000 lNWW.colleyville.com File Number: 0-06-1579 File Number: 0-06-1579 File Type: Ordinance Status: First Reading Version: Agenda Date: 07/05/06 Controlling Body: City Council Requester: Engineering Department Agenda No.: 5a Final Action: File Name: Approval of an Emergency Ordinance enacting water conservation measures for commercial and residential users Attachments: City Charter Section 3.12 . Ordinance 0-06-1579 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/05/06 City Council Title Approval of an Emergency Ordinance enacting water conservation measures for commercial and residential users Explanation Emergency Reading and Public Hearing As drought related weather conditions continue throughout this region of Texas, City staff has recognized that area lake and reservoir levels are declining at a rapid pace. Consequently, this condition creates a need for citizens in our community to assist in immediately reducing demand for potable (treated) water from the Trinity River Authority (TRA) . Emergency Ordinance 0-06-1579 was prepared and reviewed by the City Attorney to provide measures for reduction of water usage citywide by residential and commercial users. In addition, the emergency ordinance also provides for enforced mandatory water restrictions when deemed necessary. This ordinance will be in affect until such time that a permanent ordinance is approved, and a long term, multi-phase, drought contingency plan is developed. In conjunction with the emergency ordinance, City staff will provide public education regarding water use reduction and conservation methods. The emergency ordinance may be adopted in accordance with Section 3.12 , Emergency Ordinances, of the City Charter. Provisions of new ordinance includes the following: a. An offense is committed when a person irrigates, waters or permits the irrigation of any lawn or landscape between the hours of 10:00 am and 6:00 pm at any time during the year, the exception being hand watering and the use of soaker hoses. City of Colleyville Page 1 Printed on 6/29/2006 Agenda Briefing Continued (0-06-1579) b. The City Manager or his designee may mandate a two (2) day per week watering schedule based on the established watering zones. c. Any commercial, industrial or residential customer class irrigation system installed within the City on or after August 1, 2006, must be equipped with rain and freeze sensors. d. The City Manager or his designee may grant variances from the provisions of the Article under certain conditions. e. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 6/29/2006 City Charter - Section 3.12 Emergency Ordinances: The City Council may adopt emergency ordinances only to meet public emergencies affecting life, health, property, or the public peace. In particular such ordinances shall not levy taxes, grant or renew or extend a franchise, or attempt to regulate the rate charged by any public utility for its services. An emergency ordinance shall be introduced in the form and manner generally prescribed for ordinances, except that it shall be plainly designated in the title as an emergency ordinance and shall contain after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. An emergency ordinance can be adopted with or without amendment or rejected at the meeting at which it is introduced. The affirmative vote of a majority of four (4) or more members the City Council shall be required for adoption. After adoption, the ordinance shall be published as required for other adopted ordinances. Every emergency ordinance so adopted, shall automatically stand repealed as of the sixty-first (61) day following the day on which it became effective, but this shall not prevent re-enactment of the emergency ordinance or as an ordinance in general under Section 3.11. (Amended May 7,2005) ORDINANCE 0-06-1579 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS AMENDING CHAPTER 98, ARTICLE II REGARDING WATER SERVICE AND WATER CONSERVATION; PROVIDING FOR A DROUGHT CONTINGENCY PLAN; DECLARING AN EMERGENCY AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, there currently exists a drought situation in North Texas which, drought threatens the availability of a continuous and reliable potable water supply; and WHEREAS, the City of Colleyville has been asked by the Trinity River Authority to adopt drought contingency provisions in order to better manage the precious resource of potable water; and WHEREAS, in the absence of this Ordinance, the City of Colleyville may not be able to adequately protect its potable water supply, to ensure its availability for both regular and emergency consumption; and WHEREAS, all legal prerequisites for the passage of this Ordinance have been met, including but not limited to the requirements of the Texas Open Meetings Act and the City Charter; and WHEREAS, the current drought situation and the inadequate regulations to respond to such a drought represent an emergency pursuant to Section 3.12 of the City Charter; and WHEREAS, City Council has found that the passage of this Ordinance serves the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the above premises are found to be true and correct and are herby incorporated into the body of this ordinance by reference as if copied in their entirety herein. Sec. 2. THAT Chapter 98, Article II of the Code of Ordinances is hereby amended with the addition of the following: Sec. 98-44 LAWN AND LANDSCAPE IRRIGATION CONSERVATION Lawn and Landscape Irrigation Restrictions. a. Except for hand watering and the use of soaker hoses, a person commits an offense if that person irrigates, waters, or causes or Ordinance 0-06-1579 Page 2 of 5 permits the irrigation or watering of any lawn or landscape located on premises owned, leased or managed by that person between the hours of 10:00 am and 6:00 pm at any time during the year. b. A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased or managed by the person in a manner that causes: 1. a substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or 2. an irrigation system or other lawn or landscape watering device to operate during any form of precipitation. c. A person commits an offense if, on premises owned, leased or managed by that person, he operates a lawn or landscape irrigation system or device that: 1. has any broken or missing sprinkler heads; or 2. has not been properly maintained in a manner that prevents the waste of water. d. The City Manager or his designee may mandate a two (2) day per week watering schedule based on the following watering zones and attached as Exhibit "A". 1. Zone "A" is north of Colleyville Boulevard and west of Pleasant Run Road. Tuesday and Friday 2. Zone "B" is north of Glade Road and east of Pleasant Run Road. Wednesday and Saturday 3. Zone "C" is east of Colleyville Boulevard and south of Glade Road. Thursday and Sunday Ordinance 0-06-1579 Page 3 of 5 Sec. 98-45 Rain and Freeze Sensing Devises a. Any commercial or industrial customer class irrigation system installed within the City on or after August 1, 2006, must be equipped with rain and freeze sensors. b. The potable water supply to lawn irrigation systems shall be protected against backflow in accordance with the City's Backflow and Cross-connection Control Program. All rain and freeze sensors for commercial customer class lawn irrigation systems shall under go annual inspection and testing concurrent with schedules associated with the requirements of Ordinance 0-98- 1133. c. Any residential customer class irrigation system installed within the City on or after August 1, 2006, must be equipped with rain and freeze sensors. Sec. 98-46 Variances a. The City Manager or his designee may grant variances from the provisions of this Article as outlined below: 1. The applicant must sign a compliance agreement form provided by the City Manager or his designee, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the variance. 2. Granting of a variance must not cause an immediate significant reduction in the City's water supply. 3. The extreme hardship or need requiring the variance must relate to the health, safety or welfare of the person requesting it. 4. The health, safety or welfare of the other persons must not be adversely affected by granting the variance. b. The City Manager or his designee may revoke a variance granted when the City Manager determines that: Ordinance 0-06-1579 Page 4 of 5 1. the conditions of subsection (a) are not being met or are no longer applicable, or 2. the terms of the compliance agreement are being violated; or 3. the health, safety or welfare or other persons requires revocation. Sec. 97-47 Exemptions a. The City Manager or his designee may grant exemptions to: 1. Private water wells used for irrigation after a visual inspection by the City. 2. Newly installed lawns or landscapes for up to six weeks. Sec. 3. Declaration of Emergency Pursuant to Section 3.12 of the Charter. The fact that the present ordinances and regulations of the City of Colleyville, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. Sec. 4. Penalty Clause Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. THAT the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The reading and public hearing being conducted on the 5th day of July 2006. ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney Ordinance 0-06-1579 Page 5 of 5 CITY OF COLLEYVILLE David Kelly Mayor E,(hi:;lit"A," Water Conservation Schedule .... .i~ - Legend Weekly Watering Cycle _ A Tuesday; Friday _ B Wednesday; Saturday _ C Thursday; Sunday Note: No Watering on Mondays ~'\J,~ ~~~~Ur.~ .ru~$ GL't.IY~i~ luftv1l''I-rtWm 5J,lJ",Ultt SPEAKER CARD Date I wish to address the City Council on the following subject: ~A G-r~ 5 L~re II Agenda Item Number: OG - / S 7 8 Name: ~ \ Ufi V cvr-iw~f Address: -2 L City: Co () -e4 Ll \ U-e Telephone No. L () I represent: ~ Lr- 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 comment ue~ ~L~ Signed This information is a Public Record City of Colleyville Agenda Briefing 100 Main Street Colleyville. Texas 76034 (817) 503-1000 www.colleyville.com File Number: 0-06-1578 File Number: 0-06-1578 File Type: Ordinance Status: Second Reading Controlling Body: City Council Final Action: Version: 1 Requester: File Name: Community Development Department Approval of an Amendment to Chapter 3.1-0il and Gas Well Drilling Production of the Land Development Code regarding permit fees, inspections and water usage, Case G-06-011 Agenda Date: 07/05/06 Agenda No.: 6a Attachments: Ordinance 0-06-1578 History of Legislative File Version: Date: Acting Body: Action Text: 1 OS/22/06 Planning and Zoning Commission City Council City Council 1 1 06/20/06 07/05/06 Title Approval of an Amendment to Chapter 3.1-0il and Gas Well Drilling Production of the Land Development Code regarding permit fees, inspections and water usage, Case G-06-011 Explanation Second Reading and Public Hearing The first reading of this item was conducted on June 20, 2006. There were no speakers during the public hearing. On June 27, 2006, the Fire Marshal escorted several staff members to North Richland Hills for a tour of an existing gas well site. This provided an opportunity for City of Colleyville personnel to discuss gas well permitting and inspection procedures with the City of North Richland Hills employees. First Reading and Public Hearing The City Council approved Ordinance 0-06-1569 on April 4, 2006, which established the Special Use Permit regulations for oil and gas well drilling in Colleyville. Attached is a proposed amendment to the regulations to establish the applicable permit fee, water delivery procedures and inspection policies. Fort Worth currently charges $1,500 for a drilling permit and is proposing to increase that amount to $2,500.00. The cities of Denton and Keller both charge $2,500 for a drilling permit. North Richland Hills charges a $5,000 permit fee. Staff is recommending a $2,500 City of Colleyville Page 1 Printed on 6/28/2006 Agenda Briefing Continued (0-06-1578) permit fee for obtaining a gas drilling permit in Colleyville. The permit fee offsets the direct costs of staff time used in providing the inspection services. In Colleyville, the proposed ordinance provides for the on-site inspection of gas well sites by the Fire Marshal and Building Official. The ordinance authorizes the City Manager to determine if a private sector inspection service is used in lieu of or to supplement the inspections performed by the Colleyville Fire Marshal and Building Inspection Department staff. The costs for retaining the private sector inspection services would be billed on a monthly basis to the holder of the drilling permit and would be in addition to the permit fee. Information obtained from representatives of the gas drilling industry indicates that approximately four million gallons of water are necessary to complete a typical gas well. Most of the water demand comes during the times when fracturing takes place. Of major concern associated with oil and gas drilling, is the source of water used during the drilling and fracturing processes, and what procedures will be used to curtail water consumption at a gas drilling site during the threat of a municipal water shortage. The proposed ordinance allows a drilling permit holder to obtain water through a temporary fire hydrant meter in accordance with existing policies and procedures. To coordinate the timing of water delivery and to avoid conflicts with typical domestic water demands placed on the municipal water system, the Director of Public Works will determine the times that the drilling permit holder will be able to obtain water. To avoid a potential negative impact on private individual water wells surrounding a gas well site should a gas well permit-holder drill a separate well for water production purposes, the proposed ordinance prohibits a gas well permit holder from drilling a separate water well for gas drilling purposes, unless the Special Use Permit contains a provision to allow a separate water well. This procedure will allow the Public Works Department to evaluate the potential effect an additional water well could have on any private wells located near a gas well site. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 6/28/2006 ORDINANCE 0-06-1578 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3.1, OIL AND GAS WELL DRILLING AND PRODUCTION, OF THE LAND DEVELOPMENT CODE, REGARDING PERMIT FEES, INSPECTIONS AND WATER USAGE; AND AMENDING SECTION 2-26 OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE, TEXAS REGARDING PERMIT FEES FOR OIL AND GAS DRILLING AND PRODUCTION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-06-1560 on April 4, 2006, adopting Oil and Gas Drilling Regulations; 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 amend the oil and gas well drilling regulations to add regulations regarding permit fees, inspections and water usage; 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 Ordinance Regulations, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all persons interested, and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3.1 - Oil and Gas Well Drilling and Production, of the Land Development Code, is hereby amended to add the following Section 3.1 - 157 Permit Fees, which shall read as follows: 3.1 - Permit Fees As a condition to the issuance of the gas or oil well drilling permit required by this Chapter of the Land Development Code, payment of the applicable permit fee shall be paid in full. Said permit fee shall be in accordance with the Schedule of Fees and Charges contained in Section 2.26 of the Colleyville Code of Ordinances. Sec. 2. THAT Chapter 3.1 - Oil and Gas Well Drilling and Production, of the Land Development Code, is hereby amended to add the following Section 3.1 - Sec. 3. Sec. 4. Ordinance 0-06-1578 Page 2 of 3 158 Inspections, which shall read as follows: 3.1 - 158 Inspections A. Inspections shall be performed by the Fire Marshal and Building Inspection Department staff or by an independent inspection consultant, as determined by the City Manager. The costs for retaining an independent inspection service shall be in addition to the permit fee and shall be billed on a monthly basis to the holder of the oil and gas well drilling permit. If payment is not received by the City within forty- five (45) days from the billing date, the drilling permit shall be revoked. B. The Fire Marshal and Building Official are hereby authorized to establish written inspection procedures to enforce the provisions of the oil and gas well drilling regulations contained in this Chapter. THAT Chapter 3.1 - Oil and Gas Well Drilling and Production, of the Land Development Code, is hereby amended to add the following Section 3.1 - 157 Permit Fees, which shall read as follows: 3.1 - 157 Water Usage A. The holder of an approved oil and gas well drilling permit may obtain water from the City of Colleyville through a temporary fire hydrant meter in accordance with the policies and procedures existing at the time the fire hydrant meter is obtained. B. When a water shortage has been declared, in accordance with the operating policies of the Colleyville Water and Sewer Manual, it shall be unlawful to use water from the Colleyville water system for oil and gas well drilling operations and production. C. The time of delivery of water for oil and gas well drilling operations and production shall be determined by the Director of Public Works. D. Unless otherwise approved as a provision of the Special Use Permit, no water well permit shall be approved for oil and gas well drilling. THAT Section 2-26 entitled "Fees and charges for city services" of Chapter 2 of the Code of Ordinances of the City of Colleyville, Texas, paragraph (G) is hereby amended to add the following permit fee: Oil and Gas Drilling and Production permit ....... $ 2,500.00 Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-06-1578 Page 3 of 3 THAT Ordinance 0-06-1560 adopting the oil and gas well drilling regulations shall remain in effect, except where amended by this ordinance. THAT 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 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 this ordinance shall take effect immediately from and after its passage. 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of day of The second reading and public hearing being conducted on the 2006. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney SPEAKER CARD Date ~-O I wish to address the on the following subject: 2-d 1\ ; r; C - Agenda Item Numbl Name:~ f Address: &-} 7 ~ ?P-=5-?53 CitY/~ {{ '" y 1/ Telephone No. I represent: ,~ organization/self I understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public commen or questions. Signed cec 1'csa'it City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 lNWW.colleyville.com File Number: 0-06-1580 File Number: 0-06-1580 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 07/05/06 Agenda No.: 7a Controlling Body: City Council Final Action: Requester: Community Development Department File Name: Approval of a Zoning Change from CN-Neighborhood Commercial to R30-Single Family Residential on 1.5 acres on Lot A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South, Case Z-06-014 Attachments: Zoning and Location Map. Planning Objectives . Zoning Exhibit. Letter of Approval Dated June 5,2006 . Ordinance 0-06-1580 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/12/06 Planning and Zoning Commission 1 07/05/06 City Council Title Approval of a Zoning Change from CN-Neighborhood Commercial to R30-Single Family Residential on 1.5 acres on Lot A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South, Case Z-06-014 Explanation First Reading and Public Hearing DCL Enterprises Inc., has submitted a request to change the zoning of approximately 1.5 acres, located at 413 Timberline Drive South, from CN-Neighborhood Commercial to R30-Single Family Residential. The applicant is seeking a zoning change in order to develop the property as single family residences. The property is currently vacant and located on the south side of Timberline Drive South, and on the west side of Bransford Road. The property is platted as Tract A, Block 3 of the Highland Acres Addition. In order to subdivide the property, approval of a subdivision replat will be required at a later date, upon approval of the rezoning request. The R30 zoning district requires a minimum lot area of 30,000 square feet. The property exceeds 30,000 square feet and meets the minimum requirements of the R30 zoning district. The developer has submitted a zoning exhibit illustrating the area to be rezoned. The subject lot, as shown on the zoning exhibit, meets the R30 zoning district requirements. The following is an analysis of the major issues associated with this rezoning request. City of Colleyville Page 1 Printed on 6/28/2006 Agenda Briefing Continued (0-06-1580) Master Plan. . The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This particular goal includes objectives relative to this zoning change request: · Maintain the current level of housing quality and density · Encourage redevelopment of older properties located along major collector streets into estate settings · Continue development of luxury residential areas while maintaining the "country fee/" along major collector streets Master Plan. Although this rezoning request is not fully consistent with the goals and objectives of The Colleyville Plan, which promotes large estate development along the collector thoroughfare system, approval of the rezoning request would bring the property into conformance with the Land Use Plan. Residential Density. The Colleyville Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The subject property is located in the Neighborhood Two area as designated by The Colleyville Plan. The overall residential density within the Neighborhood Two area is 2.18 dwelling units per acre. The maximum residential density for the R30 zoning district is 1.5 dwelling units per acre. The applicant's proposed density is in compliance with The Colleyville Plan. Lot Sizes and Widths. The R30 standards allow for a minimum lot size of 30,000 square feet. The applicant proposes to create single family lots that adhere to the development regulations required by the R30 zoning district. Surrounding Properties. The surrounding properties are a combination of single family residential, church, and agricultural zoning districts. The property to the north is zoned CN and is currently developed as a church. Properties to the northwest are primarily zoned R20 and are developed as single family residential uses. Properties to the south and west are primarily zoned R40 and are developed as single family residential uses. Properties to the west are zoned AG, and consist of City of Colleyville parks and recreation facilities (City Park). Development Trends. The development trends in this area primarily focus on single family development. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $15,000. The City property tax revenue for the undeveloped property is $52.11 annually. The future property tax revenue would depend upon the value of the individual lot and the value of the house built on the lot. City of Colleyville Page 2 Printed on 6/28/2006 Agenda Briefing Continued (0-06-1580) 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. Public Notification. Staff mailed notices to eight 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 approval has been received regarding this request. Summary. The proposed zoning change is consistent with the Land Use Plan, which designates the subject property as a future single family residential development area. The proposed density is consistent with the existing residential development within the Neighborhood Two area. Although the proposed zoning district is inconsistent with the goals and objectives of The Colleyville Plan regarding residential development along collector streets, the recommendation for approval is based upon bringing the property land use designation into compliance with the Land Use Plan. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this request at the June 12, 2006 meeting and recommended approval by a unanimous vote. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 6/28/2006 Zoning and Location Map Site RIDGE PKW PLCllI\,lI\,LlI\,g obj ectLves TIMBERLINE DR. SOUTH OBJECTIVES A. CURRENTP.ROPERTf SQUARIFOOTAGE: 63,952. CURRENT ZONING is ~CN". B. THE PROPERTf IS NON.. PRODUCTIVE AS NEIGHBORHOOD COMMERCIAL, BASED ON THE CURRENT ZONING. C. PROPERTY HAS BEEN VACANT FOR DECADES. D.BYRE...zONING. THIPROPIRTfINTO TWOR...30 SINGLE FMI.l.YR..'QENCI!SAND..CQNSTRUCTING.T'WO HOMES, IT WILL IMPROVE THE TAX BASE. THE LOT WOULD BE DIVIDED INTO TWO PARCEL'. 31,971 .SQUAREFIET. E.WHEN ZONING IS APPROVID. WE WILL SUBMIT A MINOR PLAT. CHANG Ii REQUEST TORI..PLAT THEPROPERTV INTO TWO LOTS, 'WHEN APPROVED BY.THICOMMUNITYDEVILOPMENT DEPARTMENT, THE CONSTRUCTION WOULD. START ON THE PROJECT WITHIN APPROX. 30 TO 10 DAYS. START DATE COULD BE AJlPROX.SEPTEMBER 2006 OR OCTOBER 2006. F.COMPLETtONOF THE TWO HOMES CONSTRUCTION SHOULD BE AROUND MAY 2007 OR JUNE, WEATHER PERMITING. THE HOMQIN QUEST.ONW'LLBE.AP.PROX.. 4.800 TO 5,000 SQUARE FEET AND <COULD RANGE IN VALUE OF $150..00 1'0$175.00 A SQUARE FOOT. G. THE NEIGHBHOOD SHOULD EMBRACE THIS CHANGE TO R..30 SINGLE FAMILY RESIDENCES FROM A "CN" CLASSI.FCATION. SINCERELY, DEAN OWENS OWENS CUSTOM HOME BUILDERS 6-'~'_'"'' Zoning Exhibit { '" . ~ ~ '~ tlii H~. 'ni ) J;" . l ~I t '1 'w''''''' i; ~~ ~ ,: ._--------------...:..-....-.~-~ ~;cJ,'" I I I I I I I I I I I I I K.I' t .. ~.....1l1~ i ",Ill ~ r I I I llb..etA/i!) ACIlts 'lO,t. MI-t$., P-Ou wet t, tlWt'r.3 '" .. ..~ '" 1 ~ ~ ~> J i '" , . ~ ;., .... '" ;- 1 I If: !~~l. ! (!--; I 1,: ,______._.__---.-.:tJ.A!._________ %1 ~, .~~~;!i f i- t i .... .-. .-.__.'^._..,_..,-~'--~.- ..~--.---- BRANSFORD ROAD :! ... , .' ...:~ t; ,H 'ct,,~ ,l. it ~ i~ ~ 'f .. i1? g CO [!. ~l .... [! sa ';0 f I'i ~ Ii r.; i ~ 3' Zl ~ ~ -$! N a ~ '" ....,. co "'I Ee I :i l'll (/) g ~ , 'Il-'1tr<):, i -!Ji % " ,~,~ ~.. ~9 1.,"', . fdf :!n 11'1 uh : p'~. '" ~ rS ~4.lt 5:t ~ Nl f~" l!t &- ~ ~~ t~ ~t ~? . ~ , '" i t : ~ " . ~ .. ~ , Letter of Approval Dated June 5, 2006 i> 00 I .1 1 I RlOE1VttD 7 ORDINANCE 0-06-1580 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 1.46 ACRES LOCATED AT TRACT A, BLOCK 3 OF THE HIGHLAND ACRES ADDITION, FROM THE CN NEIGHBORHOOD COMMERCIAL TO R30 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 DCL Enterprises Inc., on May 12, 2006, under Case No. Z-06-014; 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 0-06-1580 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 . 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 CN Neighborhood Commercial to R30 Single Family Residential district, as depicted in the attached Exhibit "A". 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 Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 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 0-06-1580 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 - ZONING MAP AG R"20 oPAL ETHRIDGE SPEAKER CARD Date I wish to address the City Council on the following subject ~ - 0 t -- /} fJ / 9 ~ <trY Agenda Item Number: Name: ~~ 1Jan~ Address: ,fig-O If 69 City: (1//(7 '/ v; /1 f:- Telephone No. _ I rep:t:t:, ,. 4tf'14 organization/self I understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed ~ ~--_. . l/jn .'-Iht- This information is a Public Record I I I I I I I I I I I i I I I I I I f I I I i I I I I i ! i i ! ! SPEAKER CARD Date I wish to address the City Council on the following subject: Agenda Item Number: fA Name:)~'MeJjJ~)~yw jAif[)tJre Address:~ cilyvlleyPJ/(e /T / Telephone NolL "" - I represent: ,&~ organization/self I understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comme or questions. . .t:r.'S~)~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1 000 INWW .colleyville.com File Number: R-06-2719 File Number: R-06-2719 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 07/05/06 Requester: Parks and Recreation Agenda No.: 8a Department File Name: Approval to establish the Senior Center Advisory Committee and approve the Bylaws Controlling Body: City Council Final Action: Attachments: Resolution R-06-2719 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/05/06 City Council Title Approval to establish the Senior Center Advisory Committee and approve the Bylaws Explanation Reading and Public Hearing The City purchased a facility in the Fall of 2005 for the purpose of developing a new Senior Citizen Center. A group of citizens, that supports and organizes City of Colleyville senior citizen activities, proposed the establishment of a Senior Center Advisory Committee to act in an advisory capacity to Senior Center staff in the identification of the needs of the Senior Center. The citizen group prepared bylaws for the committee and presented the proposed bylaws and a recommendation for the establishment of the committee to the City Council during the June 6 and June 20, 2006 Pre Council meetings. During the meetings, the proposed bylaws were modified to further define the goals and responsibilities of the committee and the appointment process. This item provides for Council's consideration of establishing the committee and adopting the bylaws. If it is Council's desire to establish the committee and approve the bylaws, staff will advertise to fill two positions on the committee, and in accordance with the bylaws, the citizen group will name five members to the committee. A resolution for appointing members to the committee will be placed on the August 15, 2006, City Council agenda for Council's consideration. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 6/29/2006 RESOLUTION R-06-2719 A RESOLUTION ESTABLISHING A SENIOR CENTER ADVISORY COMMITTEE AND APPROVING THE BYLAWS WHEREAS, the City Council deems it is in the best interest of the City to establish a Senior Center Advisory Committee. 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 Senior Center Advisory Committee is established to act in an advisory capacity to the City Council and the Parks and Recreation Director in all matters pertaining to the delivery of senior services to the citizens of Colleyville. THAT the Committee shall consist of seven citizens of the City of Colleyville and the initial committee will be known as the Inaugural Senior Center Advisory Committee. A group of citizens who have participated in the planning of a Senior Center will select five (5) members to serve on the Inaugural Committee and City Council will appoint two members. Three members of the Inaugural Committee will serve two year terms. A drawing will be held to determine who will serve the two year terms. The remaining members will serve a one year term. THAT the Senior Center Advisory Committee Bylaws set forth in Exhibit "A" are hereby adopted and any amendments to such bylaws must be approved by the City Council. THAT the City Secretary is hereby requested to advertise for persons interested in serving on the Senior Center Advisory Committee. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ON THIS THE DAY OF ATTEST: AYES, NAYS AND ABSTENTIONS 2006. CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor Exhibit "A" BYLAWS CITY OF COLLEYVILLE SENIOR CENTER ADVISORY COMMITTEE STANDARD OPERATING PROCEDURES I. 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. II. ORGANIZATION 1. The Senior Center Advisory Committee shall consist of seven (7) members who are residents of Colleyville. All members of the Senior Center Advisory Committee shall be voting participants. Terms of the Senior Center Advisory Committee will be two years. The City Council will appoint all members after the appointment of the initial Inaugural committee described in Section II. Organization: Paragraph 2. Terms of the appointments for the first year will be used to establish a replacement pattern for future Senior Center Advisory Committee members. 2. The initial Senior Center Advisory Committee will be known as the Inaugural Senior Center Advisory Committee. The members of the Senior Center Advisory Committee, who have participated in the planning for the Senior Center, will select five (5) members to serve on the Inaugural Committee and City Council will select two (2) members to serve on the Inaugural Committee. Three members of the Inaugural committee will serve two year terms. A drawing will be held to determine who will serve the two year terms. The remaining members will serve a one year term. 3. 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. 4. There is a $2.00 annual membership fee, but membership is not required to participate in Center activities. Seniors may use the Center without regard to their city of residence. Members are entitled to vote on issues v. presented to the membership by either the Senior Center Advisory Committee or the City Council. III. OFFICERS A Chair, Vice-Chair and SecretaryfTreasurer shall be elected annually from among the Committee's membership at the first meeting and at such other times as these offices may be come vacant. IV. DUTIES 1. The Senior Center Advisory Committee serves as an advisory body to the City Council on all matters pertaining to the delivery of senior services to the citizens of Colleyville. 2. The Chair, or in his/her absence the Vice-Chair, shall preside at all meetings and shall decide all points of order or procedure. Staff representatives shall record, or cause to be recorded, accurate and complete minutes of all business proceedings. 3. The SecretaryfTreasurer will keep accurate records of all monies donated, collected or dispersed from all Senior Center funds (not the general fund budget) and record the minutes of some meetings as may be deemed necessary. 4. Establish standing committees and other such committees from time to time as may be deemed necessary. MEETINGS 1. PROCEDURES Robert Rules of Order shall govern the procedures for the Senior Center Advisory Committee. 2. QUORUM A quorum shall consist of four (4) members. 3. AGENDA An agenda shall be prepared by the City staff for each meeting of the Senior Center Advisory Committee. There shall be attached to each agenda a report of matters pending further action by the Committee. An agenda will be posted in accordance with the Open Meetings Act. 4. REGULAR MEETINGS Regular meetings in the City of Colleyville or whenever necessary at any previously designated public place shall be held once a month, unless otherwise determined by the Senior Center Advisory Committee. 5. SPECIAL MEETINGS Special meetings for any purpose may be held on the call of the Chair, on request of two or more members or as may be scheduled by a majority of the Senior Center Advisory Committee at any previous meeting. The time and place of the special meeting shall be determined by the convening authority. Special meetings shall be conducted in accordance with the Open Meetings Act. 6. PUBLIC MEETINGS All meetings shall be held in full compliance with the provision of state law, ordinances of the City and these rules of procedure. 7. ATTENDANCE In the event any member of the Senior Center Advisory Committee is absent three consecutive meetings, a letter shall be submitted to the Mayor and City Council by the Committee for action they consider appropriate. 8. MINUTES The approved minutes from each meeting will be filed with the Parks and Recreation Director with a copy retained by the City. 9. STAFF SUPPORT Staff representatives shall be in attendance at Senior Center Advisory Committee meetings. They should participate in meetings to provide staff assistance, reports and recommendations. VI. HEARINGS AND DECISIONS 1. ORDER OF BUSINESS The Chair shall call the Committee to order and the members present and absent shall be recorded. The minutes of any preceding meeting shall be submitted for approval. The public shall be advised of the procedures to be followed in the meeting. VII. The Senior Center Advisory Committee shall then hear and act upon those proposals scheduled for consideration of public hearing. 2. MOTIONS A. A motion may be made by any member other than the presiding officer. B. Four committee member votes are required to approve any matter before the Senior Center Advisory Committee. 3. DISQUALIFICATION FROM VOTING A member shall disqualify oneself from voting whenever one finds that one has personal or monetary interest in the property under appeal, or one will be directly affected by the decision of the Senior Center Advisory Committee. AMENDMENTS 1. Proposed amendments to these bylaws must be approved by a quorum vote of the Senior Center Advisory Committee for recommendation to City Council for approval. . ~~:\~~\~~(: .,,,,,",,,,::::::.~:'.~,, (~ .~'ll.il.:;~.~.~~m.$S> . \~~..;?:\ ..~~. . .:.... . : r(. ~.~j.~~~~ ~ }.~~.:~/..~. City of Colleyvi lie Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: R-06-2720 File Number: R-06-2720 Version: 1 Requester: Office of the City Secretary File Name: Consideration of appointment to the Tax Increment Financing District (TIF) Board of Directors File Type: Resolution Agenda Date: 07/05/06 Agenda No.: 8b Status: Resolution Controlling Body: City Council Final Action: 06/20/06 Attachments: Tax Increment Financing District Board of Directors roster. Excerpt of the Tax Increment Financing District Bylaws. Resolution R-06-2720 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/05/06 City Council Title Consideration of appointment to the Tax Increment Financing District (TIF) Board of Directors Explanation Reading and Public Hearing Director Elaine Dolan, whose term expires December 2006, resigned from the Tax Increment Financing District Board effective June 20, 2006. The Tax Increment Financing District Bylaws, Article II, Section 1, provide the following: In the event of a vacancy caused by the resignation, death or removal for any reason, of a director, the governing body of the respective taxing unit (i.e., City, County, Hospital District, Grapevine-Colleyville Independent School District (GCISD), Junior College District), which made such Board appointment shall be responsible for filling the vacancy. This item provides for Council's consideration to appoint a member of the governing body to fill the unexpired term through December 2006. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyvllle Page 1 Printed on 6/29/2006 Tax Increment Finance District Board CHAIRMAN RicMilendler 2tOO Highland Meadows Colleyville, TX 76034 W: 817.421.8165 H: 817.4~1.8164 F: 817.421.9062 M: 817.821.0005 hendlerr~ci,coUewille,tx.us TERM: December 2004 - 2006 Jon Ayers 4808 Meandering Way Colleyville, TX 76034 W: 817.267.9009 H: 817.267.1630 F:817.318.0663 M: 972.571.6647 aversi@ci.collewille.tx.us TERM: December 2004 - 2006 Tom Hart 1717 Avondale Colleyville, TX 76034 W: 817.975.3671 H: 817.5:40.1171 F: 817.8.35.0392 hartt@ci.collewille.tx.us TERM: December2004- 2006 Richard Newton 1208 Holly Lane Colleyville, TX 76034 W: 817.568.6043 H: 817.329.0100 F: 817.329.0448 newtonrwlCi:!verizon.net TERM: December 2004 - 2006 VACANT Tarrant County College Tarrant County College Dr. Larry Dartage 828 Harwood Road Hurst, TX 76054 W: 817.515.6670 darlaaelCi:!iuno.com TERM: December 2004 - 2006 TERM: December 2004 - 2006 Grapevine-Colleyville ISD GCISD John Eubanks 7009 Lismore Court Colleyville, TX 76034 H: 817.481.3009 iohnteubanksa>.aol.com TERM: December 2004 - 2006 Tarrant County Jane Sanford 645 Grapevine Highway Hurst, TX 76054 W: 817.581.3600 isanfordlCi:!tarrantcountv .com TERM: December 2004 - 2006 Tarrant County Hospital District Orenda Witt 1500 South Main Street Fort Worth, TX 76104 H: 817.927.1106 TERM: December 2004 - 2006 Revised 06-26-06 than the City) waives its right to appoint a member to the Board, as evidenced by written resolution duly adopted by the governing body of such taxing unit, the City may appoint such Boardmember in its stead. The first Board of Directors shall serve for an initial term ending December 31, 2000, or until his or her successor is appointed. Subsequent directors shall be appointed by the governing bodies of the City, GCISD, County, Hospital District, and Junior College District and shall serve for two (2) year terms beginning January 1, 2001 or until their successors are appointed by the respective governing bodies. Any director may be removed from office by the City Council; for cause deemed by the City Council as sufficient for their removal in the interest of the public, but only after a public hearing before the City Council on charges publicly made, if demanded by such Boardmember within 10 days of notification by the City Council that he or she is to be removed. In the event of a vacancy caused by the resignation, death, or removal for any reason, of a director, the governing body of the respective taxing unit (i.e. City, County, Hospital District, GCISD, Junior College District) which made such Board appointment shall be responsible for filling the vacancy. Section 2. MeetinGs of Directors. The directors may hold their meetings within a public building in the City as the Board of Directors may from time to time determine. Section 3. Reaular Meetinas. Regular Meetings of the Board of Directors shall be held at such times and places as shall be designated, from time to time, by resolution of the Board of Directors. All meetings of the board shall be of a public nature unless pertaining to matters of land purchase, security, personnel, or strictJy legal matters. Notice of all regular and special meetings of the Board and any committees thereof shall be posted in accordance with the provisions of the Texas Open Meetings Act, Article 6252-17, Vernon's Texas Civil Statutes. There shall be at least one Regular Meeting held each year in the month of July. Section 4. Special Meetinas. Special Meetings of the Board of Directors shall be held whenever called by the chairman, by the secretary, by a majority of the directors then in office or upon advice of or request by the City Council. The secretary shall give notice to each director of each Special Meeting in person, or by mail, courier, facsimile, telephone, or e-mail, at least twenty-four (24) hours before the meeting. Notice of all Special Meetings shall state the purpose, which shall be the only business, conducted. Section 5. Quorum. A majority of the directors holding current appointments shall constitute a quorum for the consideration of matters pertaining to the purposes of the Zone. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board of Directors, unless the act of a greater number is required by law. TIF BYLAWS EXHIBIT A R-98-1 RESOLUTION R-06-2720 A RESOLUTION APPOINTING A MEMBER TO THE TAX INCREMENT FINANCING DISTRICT (TIF) BOARD OF DIRECTORS WHEREAS, one position on the Tax Increment Financing District Board of Directors has become vacant due to the resignation of one of the members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby appoints the following person to fill the unexpired term and serve until December 2006. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS, AND ABSTENTIONS 2006 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor SPEAKER CARD Date j I wish to address the City Council on the following subject: Agenda Item Number: 1c!/ Name: j6"l/(e5f} (1 ;-vu) ,1Y1 f)() (' ~ Address:.LA City: u,f(eyh( //~ T/ Telephone No I repres:~ Y(J 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 commen OrqUeSffO~~ Signed information is a Public Record : ~~~i~t.~~:":. ,'~"" '::'::::.'.~~,;. i.,; ~hm.:.'-'.;p.';""""~.~.:1.1~ "" ~~l..~i?P~~. ; .: }~~~~}.~~~ ": 'h~.;~:'~-'.' City of Colleyvi lie Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 INWW. colleyville. com File Number: R-06-2721 File Number: R-06-2721 Version: 1 File Type: Resolution Status: Resolution Requester: Office of the City Secretary File Name: Approval to amend and replace Resolution-05-2599, adopting Rules of Procedure for Council meetings pursuant to the authority granted in Section 3.098 of the City Charter and establishing an effective date Agenda Date: 07/05/06 ~genda No.: 8e Controlling Body: City Council Final Action: ~ttachments: Resolution R-06-2721 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/05/06 City Council Title Approval to amend and replace Resolution R-05-2599, adopting Rules of Procedure for Council meetings pursuant to the authority granted in Section 3.09B of the City Charter and establishing an effective date Explanation Reading and Public Hearing During the June 22-23, 2006 City Council Worksession, staff identified sections of the City Council Rules of Procedure that Council may consider for modification. The proposed modifications include Section V. 5.1, the order of regular agenda items and the posted meeting time for Pre Council and Executive Session; the general order of a Public Hearing; the process for continuing a Public Hearing to a future meeting; and the addition of a new section, which outlines procedures for memoralizing the passing of various officials and City employees. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Col/eyville Page 1 Printed on 6/30/2006 RESOLUTION R-06-2721 A RESOLUTION AMENDING AND REPLACING RESOLUTION R-05-2599, ADOPTING RULES OF PROCEDURE FOR COUNCIL MEETINGS PURSUANT TO THE AUTHORITY GRANTED IN SECTION 3.09B OF THE CITY CHARTER AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, the City Charter of the City of Colleyville authorizes the City Council to determine its own rules and order of business; and WHEREAS, the City Council has been elected by the Public to represent all the citizens on their behalf; and WHEREAS, orderly Council meetings providing reasonable Council and citizen input; foster good government and honor the democratic process; and WHEREAS, unlimited discussion and input can project a perspective inconsistent with the majority will and beyond the right of the minority regarding matters of public policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION I. FINDINGS 1.1 THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. PRIOR RESOLUTIONS 1.2 THAT by the passage of this Resolution, Resolution R-05-2599, is hereby amended in its entirety and as provided for herein. AUTHORITY 1.3 THAT Section 3.098 of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of such Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied Resolution R-06-2721 Page 2 of 2 powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the Rules of Procedure set forth in the attached Exhibit "A" are hereby adopted, which exhibit is incorporated herein by reference, and shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. REPEAL 2.1 THAT this Resolution repeals previous Rules of Procedure and becomes effective after the meeting adopting Resolution R-06-2721. APPROVED BY A VOTE OF ABSTENTIONS, THIS THE AYES, DAY OF NAYS AND 2006. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor CITY OF COLLEYVILLE CITY COUNCIL RULES OF PROCEDURES SECTION I. AUTHORITY 1.1 Section 3.09B of the Charter of the City of Colleyville provides that "the Council shall determine its own rules and order of business...". Further, Section 2.01 of such Charter provides that the "City Council shall have the powers, functions, rights, privileges and immunities of every name and nature, that are now or hereafter may be granted to a Home Rule City by the Constitution and State law, together with all implied powers necessary to carry into execution all such powers granted". In order to provide the framework for the execution of these powers and authority, the following set of rules shall be in effect upon their adoption by the City Council and until such times as they are amended or new rules adopted in the manner provided for by these rules. SECTION II. GENERAL RULES 2.1 Meetinqs to be Public. All meetings of the City Council shall be open to the public, with the exception of Executive Session. 2.2 City Council. For purposes of these rules, the collective membership of the Mayor and City Councilmembers shall be known as the City Council. Individually, each shall be referred to as Mayor or Councilmember. 2.3 Quorum. Four (4) voting members of the City Council shall constitute a quorum. 2.4 Minutes of Meetinqs. An account of all proceedings of the City Council shall be kept by the City Secretary and shall be entered in a book constituting the official record of the City Council. The Official City Council Minutes are action minutes and provide the action taken by the City Council and a summary of subjects discussed. Rules of Procedure Page 2 of 12 2.5 Questions to Contain One Subject. All questions submitted for a vote shall contain only one subject. If two or more points are involved, any Councilmember may require a division, if the question reasonably admits of a division. Division shall be required only on the affirmative vote of three (3) Councilmembers. If no division is so requested and approved, or the questions do not reasonably admit of a division, the question shall be submitted as originally framed. 2.6 City Manaqer. The City Manager shall attend all City Council meetings unless expressly excused. He may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. 2.7 City Attorney. The City Attorney shall attend all regular meetings of the City Council unless expressly excused and, shall upon request, give an opinion, either written or oral, on questions of law during the meeting. The City Attorney shall act as the City Council's Parliamentarian. The City Attorney shall give an opinion, either written or oral, on questions of law to the City Manager or his designated representative, during the course of daily affairs of the City. He may make recommendations to the City Council and take part in all discussions of the City Council, but shall have no vote. The City Attorney shall confer and discuss with a Councilmember or the Mayor regarding a question of law pertaining to the affairs of the City. In such event, the City Attorney shall advise the City Manager of the question posed and information provided. The City Manager shall forward the information to the full City Council as soon as reasonably practical. 2.8 City Secretary. The City Secretary shall attend all meetings of the City Council unless expressly excused, and shall keep the official minutes and perform such other duties as may be requested by the City Council. 2.9 Employees. Any employee of the City, when requested by the City Manager, shall attend any meeting of the City Council and, if requested to do so by the City Manager, such employee may present information relating to matters before the City Council. The City Manager will determine the staff spokesperson for providing information, for a particular agenda item, at the City Council meeting. 2.10 Rules of Order. Roberts Rules of Order Revised shall govern the proceedings of the City Council in all cases unless they are in conflict with these rules. A copy of the Robert's Rules of Order is available in the City Secretary's office. Rules of Procedure Page 3 of 12 2.11 Suspension of Rules. Any provisions of these rules not governed by State law, the City Charter, or City Code may be temporarily suspended by a majority vote of all Councilmembers present and eligible to vote. 2.12 Executive Session. All matters discussed in Executive Session, as authorized by the Texas Open Meetings Act, may be deemed confidential and by law, participants authorized to attend Executive Sessions are not required to make public disclosure concerning the matters discussed in Executive Session. It shall be the policy of the City Council, that the Mayor, individual Councilmembers, the City Manager, City Attorney, City Secretary and others who are authorized to attend Executive Sessions shall not make selective disclosure of confidential matters, where the disclosure of the information has not been released to the general public and/or where such disclosure provides an unfair advantage to the recipient or would be detrimental to the City and its citizens. For the opening and closing of an Executive Session, the Mayor shall do such at the location as noted on the official agenda notice posted in compliance with the Texas Open Meetings Act. For purposes of regular agenda meeting postings, the opening and closing of an Executive Session shall be done in the Executive Conference Room of City Hall. SECTION III. TYPES OF MEETINGS 3.1 ReQular MeetinQs. The City Council shall meet in the City Hall on the first and third Tuesday of each month at 6:45 p.m. unless otherwise officially established by the City Council. The City Council shall take a vote at 12:00 a.m. on whether or not to continue a meeting for additional time if further items are on the agenda and have not been considered. The call for and conduct of all meetings of the City Council, both regular and special as provided in Section 3.2 hereof, shall be in accordance with State law. 3.2 Special MeetinQs. Special meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager. The call for a special meeting shall be documented and filed with the City Secretary in written form, except that announcement of a special meeting, during any regular meeting at which all Councilmembers are present, shall be sufficient notice of such special meeting. The call for a special meeting shall specify the day and the hour of the special meeting, shall list the subject or subjects to be considered and a Public Notice shall be posted at least 72 hours before the meeting is scheduled to begin. In accordance with State law, the notice to the public of an emergency meeting must be posted at least two hours before the meeting is scheduled to begin. An emergency meeting exists only if immediate action is required of a governmental body because of an "imminent threat to public health and safety" or a "reasonably unforeseeable situation". Rules of Procedure Page 4 of 12 3.3 Recessed Meetinqs. Any meeting of the City Council may be recessed to a later time provided that no recess shall be for a longer period than until the next regularly scheduled City Council meeting. 3.4 Worksession Meetinqs. Worksession meetings may be called by the Mayor, any three (3) Councilmembers or the City Manager for the purpose of discussing in depth, investigating or exploring matters of interest to the City, without formal action being taken thereon by the City Council. The time, place, and purpose of such worksession meeting shall be stated in a notice complying with the Texas Open Meetings Act. Such worksession meetings may be held in any appropriate location outside the City Hall upon concurrence by any three (3) Councilmembers or as determined by the City Manager. Such worksession meetings may include, but shall not be limited to, meetings with neighboring governmental bodies or agencies, meetings with one of the City's appointed boards, commissions or committees, meeting with civic organizations or a meeting for Councilmembers to research, evaluate, explore, investigate or discuss any matter of interest or possible action affecting the City, subject to compliance with the provisions of the Texas Open Meetings Act. The City Council may establish regular worksession meetings immediately prior to regular Tuesday meetings. In conjunction with the regularly scheduled City Council meeting, a Pre City Council worksession shall be held at 5:30 p.m. unless otherwise officially established by the City Council. The agenda for the Pre City Council worksession shall include, among other items: routine reports, issues that the City Manager seeks direction or clarification on and additionally items scheduled for the agenda of the regular agenda for that evening. No official action shall be taken at any worksession meeting, unless a regular or special meeting is called as provided for in these Rules. SECTION IV. CONDUCT OF MEETINGS 4.1 Presidinq Officer. The Mayor, if present, shall preside at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence of both Mayor and Mayor Pro Tem, the City Council shall elect a Councilmember to preside. 4.2 Call to Order. The meetings of the City Council shall be called to order by the Mayor, or in his absence, by the Mayor Pro Tem. In the absence of both Mayor and Mayor Pro Tem, the meeting shall be called to order by the City Secretary. Rules of Procedure Page 5 of 12 4.3 Preservation of Order. The Mayor shall preserve order and decorum, prevent clash of personalities or the impugning of Councilmembers' motives to occur and confine Councilmembers in debate to the question under discussion. 4.4 Points of Order. The Mayor shall determine all points of order, subject to the right of any Councilmember to appeal to the City Council. If any appeal is taken, the question shall be "Shall the decision of the Mayor be sustained?" 4.5 Questions to be Stated. The Mayor shall state all questions submitted for a vote and announce the result. 4.6 Substitution for Mayor. The Mayor may call the Mayor Pro Tem, or in his absence, any other Councilmember to take his place in the chair, such substitutions not to continue beyond adjournment. 4.7 Amendment to the Minutes. Amendments to the Minutes are made by a motion during the item to consider approval of the minutes. The Minutes are action minutes and provide the action taken by City Council and a summary of subjects discussed. If a Councilmember desires that certain information be included in the minutes, the Councilmember shall state prior to the information, "For the record". If it is a lengthy statement, a written copy shall be provided to the City Secretary. SECTION V. AGENDA 5.1 Preparation of Aqenda. A. The order of business of each meeting shall be as contained in the City Council agenda prepared by the City Manager. The agenda shall be a listing by topic of subjects to be considered by the City Council, and, in the case of regular meetings, shall be delivered to the City Council not less than 72 hours preceding the Tuesday evening meeting to which it pertains. B. Any member of the City Council desiring to present a subject for City Council consideration shall advise in writing to the City Manager of the fact not later than 4:30 p.m. on Wednesday preceding regular City Council meetings. Subject matter will be accompanied by a summary regarding the purpose for the inclusion of this subject on the agenda. Rules of Procedure Page 6 of 12 C. Items Omitted from Aqenda. Any item not appearing on the agenda shall not be taken up for discussion as a matter of City Council business during a regular meeting unless it is of an emergency nature and comes to the City's attention too late to appear on the agenda. Such special, urgent or emergency issues shall be posted in compliance with the Texas Open Meeting's Act and the City Charter and may be added as a supplemental item to the regular agenda. The regular agenda items shall be considered in the following order: 1. Pre Council - 5:30 p.m. - Executive Conference Room 2. Executive Session - 5:30 p.m. - Executive Conference Room 3. Call to Order - 7:30 p.m. - Council Chambers 4. Invocation 5. Pledge of Allegiance 6. Resolution or Ordinance taking action on Executive Session items 7. Correspondence, Miscellaneous Reports of meetings attended by Council and City Officials and Announcements, Proclamations and Presentations 8. Consent Items 9. Public Hearings 10. Citizen Comments/Presentations regarding items not on the agenda 11. Staff Reports 12. Reports of Advisory Boards, Commissions and Committees (to include monthly status reports on all project/development committees currently operating, in writing) 13. Resolution Approving City Council Action not otherwise approved 14. Adjournment D. The general order of a Public Hearing shall be: a. Staff presentation - five minutes b. Open Public Hearing c. Applicant introductory presentation - five minutes d. Citizen comments - five minutes each (Large groups supporting the same position may be asked to select a representative to speak for the group) e. Applicant presentation - ten minutes f. Close Public Hearing g. City Council discussion and vote h. In the alternative, the item may be continued to a future meeting of the City Council: Rules of Procedure Page 7 of 12 1. If the City Council wishes to consider additional public testimony, the public hearing shall be reopened and the public hearing and item shall be continued to a date certain. 2. If the Public Hearing is not open and continued to a date certain, the City Council may only conduct an additional public hearing upon publication of notice in accordance with Chapter 211 of the Local Government Code. E. The City Manager shall provide the City Council with a written analysis of and recommendation of items to be acted on by the City Council at its meetings. These communications shall be generally referred to as agenda packets. The agenda packets for all regular meetings shall be delivered to the City Council by the Friday preceding the Tuesday regular meeting to which it pertains, unless an emergency condition makes it necessary to deliver the communication on a subsequent day. F. The City Secretary shall post notices of all City Council meetings in order to afford compliance with the Texas Open Meetings Act. 5.2 Consent Aqenda. In preparing the agenda, the City Manager shall give consideration to the number and degree of complexity of items to be considered by the City Council for the purpose of conserving the City Council's time in meetings. Items which are anticipated to be routine and require little or no discussion by the City Council shall be listed under the agenda category styled "Consent Items ". Prior to taking up the Consent Agenda, the Mayor shall determine if there are any items thereon which should be removed from the Consent Agenda for discussion. Any Councilmember may, upon request, remove any item from the Consent Agenda for discussion and separate action. Thereafter, all remaining Consent Agenda items may be acted upon by a single motion approving the Consent Agenda. Items removed from the Consent Agenda shall be considered on the ending Resolution, which is for action not otherwise approved. 5.3 Oral Presentations bv City Manaqer. Matters requiring the City Council's attention or action which may have developed since the deadline for delivery of the agenda packets may, upon approval of the City Council, and after satisfying the requirements of the Texas Open Meetings Act, be presented orally by the City Manager, or his designated staff. 5.4 Citizen Participation at Meetinqs. A. Presentation by citizens must be confined to the agenda item being considered and any questions will be directed to the Mayor. Citizens wishing to speak shall be Rules of Procedure Page 8 of 12 allowed to speak, provided prior to the consideration of the item, said person completes and delivers to the City Secretary a Speaker's Card providing name, address and topic. A person who has not completed the Speaker's Card prior to discussion of the item on the agenda shall not be allowed to speak. Presentation by citizens shall be limited to a time period of not more than five (5) minutes with two (2) additional minutes to conclude, at the option of the Mayor or the consent of the City Council, for each speaker. Any time spent by the City Council will not be counted against the citizen's time allotment. No person shall speak more than the time limits provided herein on any subject. That privilege shall not be accorded unless there is an exception supported by a majority of those eligible to vote. The Mayor shall not be obligated to recognize a speaker for a second comment on a subject until all others have spoken and there is unused time available. B. Following a request by a Councilmember, the Mayor may request that the City Council suspend the rules to allow citizens to speak after the public hearing has been closed. C. To maintain decorum, the Mayor shall recognize persons who have completed speaker cards indicating a desire to address the City Council. D. As a general rule, citizens may not participate in discussions of the City Council except when recognized by the Mayor and during citizen presentations, public hearings and as otherwise provided for in these Rules. E. Citizens may speak on items not on the agenda under the item "Citizen Comments/Presentations Regarding Items Not On The Agenda". The presentation time period is as listed herein Section 5.4A. SECTION VI. DECORUM AND DEBATE 6.1 When a measure is presented for consideration to the City Council, the Mayor shall recognize the appropriate Councilmember to present the case, as needed. When two or more Councilmembers wish to speak, the presiding officer shall name the Councilmember who is to speak first. No member of the City Council shall interrupt another while speaking except to make a point of order or to make a point of personal privilege. No Councilmember shall speak more than five (5) minutes on any amendment to the question except as further provided in this section. 6.2 No Councilmember shall speak more than the time limits provided herein on any subject or amendment, and such Councilmember may use his/her time in any combination, in separate speech or comments totaling the number of minutes permitted. Rules of Procedure Page 9 of 12 The Mayor shall not be obligated to recognize any Councilmember for a second comment on the subject or amendment until every Councilmember wishing to speak has been allowed a first comment. Councilmembers shall also have the right to yield a portion of time to another Councilmember. 6.3 Any Councilmember deciding to speak more than ten (10) minutes on any question or more than five (5) minutes on any amendment to the questions shall be accorded the privilege unless there is an objection supported by a majority of those eligible to vote of the City Council. 6.4 Questions to the City Council with request for an immediate answer from speakers, except the applicants and persons representing applicants on platting or zoning cases, shall be prohibited. A Councilmember's questions to speakers should be to specific individuals and the Mayor should explain to those individuals beforehand that they may come to the podium and answer if they choose to; but, they cannot offer additional unsolicited input or engage in question and answer sessions with Councilmembers. 6.5 Any Councilmember desiring to speak shall be recognized by the Mayor, and shall confine his remarks to the subject under discussion or to be discussed. No Councilmember shall be allowed to speak more than once on anyone subject until every Councilmember wishing to speak shall have spoken. 6.6 No Councilmember shall be permitted to indulge in personalities, use language personally offensive, impugn motives of Councilmembers, charge deliberate misrepresentation, or use language tending to hold a member of the City Council, the public or City staff up to contempt. 6.7 The Mayor shall not permit unrecognized speaker's comments or allow a member of the audience to indulge in personalities, use language tending to hold the City Council, the public or City staff up to contempt. 6.8 If a Councilmember is speaking or otherwise transgressing the rules of the City Council, the Mayor shall or any Councilmember may call him/her to order in which case he/she shall immediately be quiet unless permitted to explain. The City Council shall, if appealed to, decide the case without debate. If the decision is in favor of the Councilmember called to order, he/she shall be at liberty to proceed, but not otherwise, and if the case occurs, he/she shall be liable to censure or such punishment as the City Council deems proper, consistent with City Ordinances, Resolutions and Charter. Rules of Procedure Page 10 of 12 6.9 Any individual of the public who shall disrupt the City Council proceedings or disregard the Mayor shall first be warned of such offense and be requested that they refrain from disrupting the proceedings and/or disregarding the instructions of the Mayor. Any individual of the public failing to honor the first warning of the Mayor for order, shall receive a second and final warning prior to expulsion and/or citation for disturbing a public meeting pursuant to State law. When the Mayor fails to maintain order and decorum, the Councilmembers may compel the Mayor to enforce this provision following due parliamentary procedure, which affirms such compulsion by a majority vote of the City Council. SECTION VII. PROCEDURES FOR CITY COUNCIL APPOINTMENTS The following procedures are for making appointments to boards, committees and commissions established by ordinance or resolution. Appointments to ad hoc committees and task forces established by resolution should not necessarily be bound by the same procedures, but may be done in a manner appropriate to the situation as deemed proper by the City Council. The City Council shall set the quorum for a committee. The City Council shall vote whether the committee selection will be handled by the rules of procedures or by slate. 7.1 Announce the position(s) to be filled. In the announcement, define the duties of the position(s), define the term of the position and request that applications be formally submitted to the City Council by a specific deadline. The deadline should be at least one month prior to the appointment date of the position to be filled. This announcement should be made at least 30 days prior to the deadline for submission of applications and should be placed in the local newspaper, posted at City Hall, on the website and placed in the Col/eyville Communicator (if timely). 7.2 At the first City Council meeting after the deadline for application submission, invite the candidates for interviews with the City Council, which may be subject to the Texas Open Meetings Act or be conducted in Executive Session, including applicants for the Planning and Zoning Commission, Zoning Board of Adjustment, Parks and Recreation Advisory Board, Colleyville Economic Development Corporation and the Colleyville Tax Increment Financing District Board of Directors. If no applications are received or fewer applications than open positions, the position(s) are re-advertised automatically by the City Secretary. Rules of Procedure Page 11 of 12 7.3 The candidates will be selected to fill the open positions no later than the second City Council meeting after the deadline for application submission, in the following manner: A. If more than one position is to be filled, consider the appointment for each position individually in the order selected by the Mayor, as follows: B. For the first position, the Mayor shall request a verbal nomination from each Councilmember and then make one verbal nomination. A maximum of one nomination may be made by each Councilmember or the Mayor. C. Councilmembers or the Mayor may decline to make a nomination if previous nominations are acceptable. D. After each Councilmember has had an opportunity to make a nomination or defer to make a nomination, the Mayor will take a vote on the slate of nominees by asking each Councilmember to state the name of the nominee that the Councilmember votes to appoint to the position under consideration. E. The nominee receiving the majority of the votes is declared the winner and will be appointed to fill the vacant position. In the event of a tie, the nominees involved in the tie are considered the new slate of nominees and the vote is taken again in the same manner. In the event of the second tie, the Mayor will cast the deciding vote. F. Return to Step B and repeat the process for the next position to be filled until all positions are filled. SECTION VIII. MEMORIALS The following procedures are for honoring deceased current or former City elected officials, deceased sitting board, commission or committee members, Colleyville Firefighters or Police Officers who die while in service with the City and other firefighters or police officers employed by other cities. 8.1 Recognition of the death of a current or former City elected official. When the City is notified of the death of a current or former elected official, the Office of the City Manager will arrange for a flower arrangement to be delivered to the location of the funeral services. A card, noting the arrangement is from the City of Colleyville will be included with the arrangement. The cost of the arrangement is not to exceed $75.00. Rules of Procedure Page 12 of 12 When the deceased is a sitting Mayor or Councilmember, the elected official's dais seat will be draped in black ribbon for not more than one week prior to the date of the funeral. In addition, the member's photograph, when available, will be placed with an "In Memoriam" wreath at the front entrance of Colleyville City Hall for a period for up to one week prior to the date of the funeral. When the deceased is a former or current Mayor with a permanent photograph located in the Council Chambers, a permanent black ribbon banner will be added to the photograph frame of the deceased Mayor. At the request of the family of a deceased sitting Councilmember or past or present Mayor, a police and/or fire honor guard will attend immediately prior to the service, if services are held locally. If services are held locally, and the service is requested by the family of a sitting Councilmember or past or present Mayor, the police department will provide a police escort through and within the City. At no time, will City equipment be used for the transport of a casket or in a funeral procession for elected or appointed officials. 8.2 Recognition of the death of a sitting board, commission or committee member. When the City is notified of the death of a sitting board, commission or committee member, the Office of the City Manager will forward a sympathy card to the spouse. If the deceased was sitting on a board or commission, which regularly meets in the Council Chambers, a dais seat will be draped in black ribbon for not more than one week prior to the date of the funeral. 8.3 Recognition by lowering of the United States Flag. The City is not at liberty to proclaim the Flag of the United States be flown at half-staff in recognition of a City official. Per the United States Code, only the President of the United States or the State Governor can order the flag lowered to half-staff. Consistent with federal code, the City shall lower the Flag of the United States in honor of a Colleyville Firefighter or Police Officer who dies while in service with the City. The Colleyville City Manager, consistent with federal code, may lower the Flag of the United States for other firefighters or police officers employed by other cities. SPEAKER CARD (~ 5c/,J~ Date 7 5/- t? 6 I wish to address the City Council on the following subject: fr//-7 c::;4~r ~~ 5b?Pf/ r157 C::~ ;t==;../ cc7 Ld , /' ~ Agenda Item Number: CJ - C?u- /~7~ -tt q a.., Name: M/1/!-/L /-;{;1'/4 f rrz:::?~ Address: 5'5~ / Pc/. ry CT . / City: Cc7,(~y ////Z Telephone No. .(~ - E7//)? I represent: S-S/~ - 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 Ques7" Signed C.;/''''- ~~ This information is a Public Record SPEAKER CARD Date: {I I wish to address the City Council on the following subject: oc, ~- J S- 7:3 CC71tL , ~7 cl~ i/ Agenda Item Number: (/(, - I S- 73 Name: V, ck \p iL1:el~ tLt-(j Address: '/ -C L ~S) City: G 1) ~ Y iJ \ /J-f Telephone No.. I represent: ~L~ 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 camm tsor )5' LJ Signed ----- ~:2::: This information is a Public Record . 7(.'xa'; 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: Tabled File Name: Community Development Department Approval of a Zoning Change from RE - Residential Estate to PUDR - Planned Unit Development Residential on 4.15 acres on Lots 1 A and 2, Block 1 of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case Z-06-008 Agenda Date: 07/05/06 Agenda No.: 9a Controlling Body: City Council Final Action: Attachments: Zoning and Location Map. List of Property Owners Notified . Information and Drawings from Applicant. Letters in Opposition to the Rezoning Request. Types of Assisted Living Facility Licenses . Letter from Applicant Requesting Tabling Dated May 30, 2006 . Ordinance 0-06-1573 . Letter of Withdrawal Dated June 28, 2006 History of Legislative File Version: Date: Acting Body: Action Text: 04/24/06 Planning and Zoning Commission City Council City Council City Council City Council 1 1 1 1 05/16/06 06/06/06 06/20/06 07/05/06 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 Update 7-5-06 During the June 20, 2006, City Council meeting, four citizens spoke in opposition to the rezoning request. No persons spoke in favor of the proposal. The City Council voted to continue the public hearing to the July 5, 2006 meeting. On June 28, 2006 the developer provided a letter withdrawing the rezoning request. According to information provided by the developer, the deed restriction issues can not be resolved at this time. Attached is a copy of the letter dated June 28, 2006 from the developer officially withdrawing the request. Staff recommends this item be removed from the table and the City Council vote to remove this item from future agendas. City of Colleyville Page 1 Printed on 6/29/2006 Agenda Briefing Continued (0-06-1573) Update 6-20-06 This request for a Planned Unit Development for an Assisted Living Facility was tabled at the June 6, 2006 meeting and the public hearing continued to allow additional citizen comment at the June 20,2006 City Council meeting. There were five citizens who spoke in opposition to the rezoning request. The developer requested the time extension to address issues relative to property deed restrictions. Staff contacted the developer on Thursday, June 15, 2005 and the deed issues have not yet been resolved. The developer expressed an interest in keeping the rezoning request tabled until the July 5, 2006 meeting. The developer indicated that if the deed restriction issues have not been resolved by that date, they would probably re-evaluate other sites. If the City Council chooses to keep this item tabled until the next meeting, staff will mail additional notice to the adjacent property owners. 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 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 City of Colleyville Page 2 Printed on 6/29/2006 Agenda Briefing Continued (0-06-1573) 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. 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 City of Colleyville Page 3 Printed on 6/29/2006 Agenda Briefing Continued (0-06-1573) 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. 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 City of Colleyville Page 4 Printed on 6/29/2006 Agenda Briefing Continued (0-06-1573) 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 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 City of Colleyville Page 5 Printed on 6/29/2006 Agenda Briefing Continued (0-06-1573) 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, with conditions, by a unanimous vote. Financial Impact It has been determined that there is no financial impact. 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. 8. Hose cabinets shall be provided subject to review and approval by the Fire Chief. City of Colleyville Page 6 Printed on 6/29/2006 Zoning and Location Map 11 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 Ballantrae Drive Colleyville, TX 76034 Lucart, Sean T Etux Linda A 2504 Kings Ct. Colleyville, TX 76034 Pearson, Patrick L & Celestine 2500 Kings Ct. Colleyville, TX 76034 Przano, Anthony P Etux D Dawan 2509 Ballantrae Drive Colleyville, TX 76034 Sanders, Billie Joyce 5500 Pool Road Colleyville, TX 76034 Yin, Hai-Kuang Etux Nanyi 2501 Kings Ct. Colleyville, TX 76034 Young, M Elizabeth 2502 Kings Ct. Colleyville, TX 76034 Information and Drawings from Applicant ~U'K'UndaMartln. OUr of ~\Cein individually dscundfiSatJ ......st OUt rntma~t ~am we have dWeIOp.s, ~., ,....naged orOl'eratedover 800 propertIu In MOfQ than JOfltateti. ~fromthelndustry e.g., _.~tkw\ with th.r to develop an outstanding residents. ~, ,.,.tnt'. . ..... tMJfr~~~ 'epu~for~r ~tmmlt toth#Jqu.ayotlfefor t SigMtUre Settlor Living communitlt$ Will offet a ~ of usisted Ilviftg and memory care ~~, wRh...a vatk4yd Ttte~nm~ Win provide 60 tObdH<t$.m 42. . ..~..WlIl\lVe two .At~Sl.t.~kw..m~orner thok:eaNj..wntng_..~. reskl~.imlvkhJally to design a.tfl1f' .... .............tnat.. .. ..~~mmmunftyofkm)a ..~_W1ItI.~ ... .... .... .... . .. ... ... . .~:thn:enUlrJttous me_s served In the eleVantdinlng f'fJOm, $wd"'QJnter,a ~~~,."'ndry fadlltie$. ~~ledb~f cemergenc:y can system.r&nul"net~ikecmm .m.s....rdseprograms. r.~lorl.:Nmgbdetf- thlt..provkJillgcareto~l$lnJIya local buslnss m . . WtJ.work dosety. vAth.aI community ~ers to ensure that .0Uf Mitt~ wil~ thetoealeomMOOity, as welt as our ffildents IlInd their families. steven!... Vid< ceo h~~ ~ Martin President &. COO ~ ............ >- . .-, . . -- -- ... ~,~-~-...,- ~ f!VI....~:4_~..,,> ~~:,.-~ . ....~ ~,/...~ ~~_t~($l: (t.ifWilU,1:t Letters in Opposition to the Rezoning Request RE: Zoning Case Number: Z-06-008 Location: 5604 and 5700 Pool Road Property Description: Lots I A and 2, Block 1, Wildwood Estates Addition Planning and Zoning Commission, I am writing to express my disagreement with the proposed zoning change of case number Z-06-008. As a resident of 5801 North Ballantrae Drive Colleyville, Texas, I am hereby filing a written protest to the proposed zoning change. The proposed property is located within 200 feet of my residence and I strongly disagree with a Planned Unit Development in close proximity to my home. The additional traffic, activity, and lighting are undesirable elements to the quiet neighborhood that my family currently enjoys. It is important to me as a resident of Colleyville that the Planning and Zoning Commission protect and preserve the quality of life within the city. By maintaining a long-term disciplined approach to city planning we can prevent the likelihood of dealing with a vacant or marginally successful commercial property within a desirable neighborhood. Exit strategies for planned unit developments are rarely attractive for the city and neighborhoods left behind in their wake. Decisions to change the zoning and allow this type of development to be constructed are easily made but very difficult to reverse. This zoning change is simply not worth the risk to the city or the potential disturbances to the neighborhood. I strongly urge the Planning and Zoning Commission to reject the proposed zoning change of 5604 and 5700 Pool Road. Thank you for your attention to this matter. /'" // Sincerely ~~}<". .;:;./;. yo ./'" T. Patrick ray 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 lA and 2, Block 1, Wildwood Estates Addition Planning and Zoning Commissio~ 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 corner 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 homehuyers. My family and I have already endured the widening of Hall Johnson Road and we have had to listen to the increased traffic noise ever since. We simply do not want any more distractions forced on us. Thank you for considering my request to not change the present zoning. ~~~ Anthony P. Przano R€.CE\\J~O l\?R 1 <b 1\'J1J\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 Barner 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 barner. 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- waL" 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) ,ttluke5@sbcglobal.ne~ S L- U G-A. 1<.... , _F:>-s 1~~ ~5"CJt.t l4IMC;S et". eot Ie,..,. V I II ~ 1:.')(..' 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SCAlE: ," - 30' fNO. 1/7' 2504,.R. -p KINGS '8 COURT 50" RADIUS - CONCRETE ~%~.; to ~~u "'~... 8tl.,;>-: ...J .0 IDo.........; "81", ~ ~..: S~ ~~ lD ~~~ ~l:i ...: ~ ~t.l :i.~ g~~ ci~ I I I I OWUS .. HClOIlS, .... IIIU. 1ClIfJI'f COlllFY lHAT _ -.lY WAS MAll[ (IN 111( GIIOUNO UNODI IIY ~ AIlO CQIlll[Cll.y _ lHE _MY IJIC. 11IIIOI_ _ IICA (6 lHE lAIlO 1IIDI:A1ID 1HPlON. _ LOCA_ 01 AU. _15, D4( L(X:A_ 0' AU. AU.lYS, S1IlU1'I _T-'O'-WAYS, (ASOlDI1'I AIlO Ollt(llllA'I1IIIS 0' II(CCllIO INCH AfJteT lHE _TY. lHE UNIlC/I$IGIQ fIllI1ICIl aJtmES lHAT lHIIII ME NO ...-..: 1lI1Cl11P~ CDlfUC1S, SHCIITAGO .. MIA. _'f UN[ COIWUCrs. lllCllOAOAlOlrs. 0IlPl.AI'PI0lC 01 _1'1, USDCM1S (II _r-Ol-WA'WS PaPT AS _ _ ~ TO IOIA ...... ,-. , .wJ1.}~' Co /45/1 >r>>or )(' ....1ID 8-2.-Q 5 HOT -.vi TO IJ[ .._ lHE '00 '1(.... n.ooo ...-. AT lMS _. lHE ..- LOT 00[$ LOYD BRANSOM SURVEYORS INC. CHARLES B HOOKS JR. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH, TEXAS 76111 834-3477 PLAT OF LOT 23, IN BLOCK I, 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 LmEHO ko~ DATE 06-24-96 . ._ PIN o IIlOH PIPE A 1IOle D'AIIC &TAKE C COHCIlETE MON -X-X-. fENCI ----- I'OWEIILlNI - T - T - TIW'tIONI LINE -CATV- CMUTEUVllION IHAOIO _ 1\t:'UANATE8 CONCRRI. ~~ RECEIVED APR 2 <1 2006 Per .......lJ.....~......... April 20, 2006 Honorable Members Pla.n.ning and Zoning Commission City ofColleyville, Texas 100 Main Street Colleyville, TX 76034 RE: Rezoning Request for 5604 & 5700 Pool Road Lots 1A & 2, Block 1, Wtldwood Estates Addition Dear Members, We, the Undersigned, residents of Colleyville living within 200 feet of the request, would like to express our deepest concetn and oppose the notion with regard to the above referenced rezoning request for the following obvious reasons: 1. The proposed change is .notthe best use of the property; 2. It will gteady impact home values in a negative way in the surrounding area and overall property values of the City, 3. Within 3 miles, in each of 3 directions (north, south and east), similar developments have been in existence. Duplicated developments are not necessary. 4. Keeping referenced properties zoned as is, single Residential Estate, will preserve the envitonmental 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. Resident Address ;P.5'tX> krJ15 et. Date ~ 23'-0 C V Address5bpf'u)'.-,4'r7} 'r;.~ll Date 7-;<? - tJ~ AddresS -.jtf;03&Arld:'Y ~;I Date f-23-0t; ess ;25/b ;t!/;L{, lJ.o)/V}ofi-bate 4-2 ~- ok, Addres,tf~f' Id~'Date{?-/l'~ S '75D \ \). Qxul~ 4-\.GI.A ~. c\_?- ~-olo Resident Resident f-l~/44) 7, '-u IV 2.50 I !C~-C.N0~ C:.7, Cf- ~ 2 3- 6?0 City of CoHeyville Planning and Zoning Commission Chris Fuller, Development Coordinator 100 Main Street ColleyviHe, TX 76034 Dear Mr. Fuller, RECEIVE~ APR 2 4 20nr~ Per ............... April 21,2006 As long time Colleyville homeowners The Oak Creek Subdivision strongly opposes any re- zoning consideration for 5604 & 5700 Pool Road property. While convalescent/assisted living centers are essential and important facilities as well as substantial tax generators we also feel such a rezoning deliberation as an insult to our property values. It is in the best interest of our community to keep 5604 & 5700 zoned for single estate resi- dences. This will assure ColleyviUe 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. Respectfu lIy, Oak Creek Subdivision Homeowners Name ~Ce.,vf . Address . ? c>.;;l. UJ/-. ~\-c-- :7 Z-<< / Phone l?'/'? 9~6 -913<(. I /Ai avt1n tJ ~~~:t~~!~~~4'~~~;~ -r ~I ::;;:sr1i:t Ir~0:~,< 1;f'CcIJo- Phone ff n ~ )...& 7 - 17 85< Name Loy l )1 Edd Ie Rent? Address 5GOZ C r-ee u ,,[ r-b r + Phone B \, - SLlO -q 3<06 Name !J / L '-- ~ L-t!-1-I-I- Le d }to' Q Lt1/l Address .:J6 P 1/ P</Il&'p./~ 1//-91'<- Phone C.# IILcrt//{.L,e ,!'tee 7(,4fY r 117-- bBv?~/I/;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 ofthecity 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 bea 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 sun-ounding 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 Lana 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 50% 2. Ordinance 0-06-1563, The Les Maison villa style home development on McDonwell School Rd. In this instance the developer will be allowed to build 3.6 DUP A vs. 1.8 and the minimum lot size will be 6,177 vs. 13,000. This is clearly taking our Land Code in another direction. Secondly, there is a problem with the procedure for which citizens of Colleyville who don't live within the 200 foot rule are informed. The yellow signs that are intended to inform citizens are not of proper size nor does there appear to be any policing after placement. We have found that these signs are typically repositioned behind utility poles & easements. In their current form they are easily mistaken for real estate or political signs, and in this case the only sign present onthe property'is facing Pool Road and has been blow down numeroUs times.Withaprbperty oflike location, and that faces two or more thoroughfares there' should be mandates as to the numbers of signs posted and their iR1::CE!IWED ~PR :2 ..~ <-tUOG {RlJ'T ........_......... 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 8t. 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 UZ:;;:facre esmtes. Mark and Beverly Humiston 5501 Dusty Ct. Colleyville, Texas 76034 (817) 545-8019 MlA.~ I I 2-60 G, c~ r"l5 t="ut-l{er DNelDP'" {... T Go r of <_',J-.", [ DO (v'\;:l '" ~:t . Colley v; lie [Ij 110031 SV/'Jec.-+-; fR. 2<>,Jb Of' 5bD't a~,( 5100 P6DL /<..D. 'Dear C-h/':s I 1- 6\ "" vJ r ~ -h .:.s --t-. -e )" pre) ) ....... J c. ... {U ~ t: r -tt",,- r e 2.0 Y\ : ~.J (j t 5'(0 <l 'f '" "',( 5' 7 00 P ../ 14 .lJ , r: L-4. '" e t-l... e -Co l LlrV'f i V'-j Con (-tv Y\ 5 . r) CO"'tv\e,<,',cJl~e..-h: {\ ,.., a. (e~,.J("...ft"'( VlC"S[,1.A._J., (~-h''';'''j ~~ C-VVI-eht "Z...t>Vll-~ \.~ ~V'e t~ c.LA.I'A-c--fer w~+'l, 1-k-e ef-uti 'S iI\~~' h b~f kTJ\),J . z) IAJ1)t'~e PtVtJ L~Lf ~{/vh~\~ I; T,~fh2. "3)lLtJ{)..(. ~"'u-Y\ ( '" r" fer ~ v" [ "- e c7 tnA -k ~ [Lee -ft...-, {' c.. ~ c. U .AS (~ de. C;5(1J~ cfz, APf(bV'e. ~ 2oV\-~~ ) ~-h ?\C[Ov'.... +- 1 e ~ (oJ rl7Lj e. Yehr e ~~ ~(~~) ile~,^bor S Cl yee . 5\.v" cer..IC.. (~ f ,,) .., Yv\Clr ~~ \.;0 \ vv-.. v\.-\..e,(" r e(r/'!~'+ _ M I ,5:700 ~u,...dl''j+rA:11 C:.ll~vd{ettx 7h05Y ~ i( April 25, 2006 Planning and Zoning Commission City of Colleyville Chris FUller I 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 p:j~a9~1~~~ Page 1 592.4 . Types of Assisted Living Facilities Types of assisted living facilities are as follows. (1) Type A. In 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; (8) does not require routine attendance during nighttime sleeping hours; and (C) must be capable of following directions under emergency conditions. (2) Type 8. In a Type 8 facility a resident may: (A) require staff assistance to evacuate; (8) be incapable ~f following directions under emergency conditions; (C) require attendance during nighttime sleeping hours; or (D) 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. (8) 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 ~S48.8901-48.8907 of this 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 Type E facility, a resident: (i) must be physically and mentally capable of evacuating theefacility unassisted. This may include persons who are ..... - - ". - -- - - - -- - r - - - - - . - ... 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 EfaciJities may only provide medication supervision, in accordance with Health and Safety Code ~247.002 (5)(8), and general sU'pervislonof residents'welfare, in aCcordance with Health and Safety Code~247.002(5)(C), and may not provide substantial assjstanCe withtheactiviti~s()fdaily Jiving, as descriped by Health and Saf~Code ~247.002(5)(A) - asslsta~e with meals, , dressing, movement, bathing, or other personal ne~s or . maintenance. Revision No.: 00"'1 Letter from Applicant Requesting Tabling Dated May30, 2006 G.atJer I ToJson Ifre:ndi~^- M' ""6()" . ,'" ,[: 'g. < .,' 'N,';('C'P" r f;m\f. """', "'ro..... "> ,'. . . .." ""1 'e 'e ' n, .' Development Direct~r Q~,Qf ;~tJ~~IUer f~$~- :1:'1>>0 N1a1A' St;~et Q;JtfeyvAfe, l'${(Js 70~~ .:, .,-' -,- .... - ',. . -. . ItE: Dear Mr. LeBarof\l{ :JJ~d'!WI~ aware of ""CfCi;) - .b'n4!nr""""bO:"~I' ;~~,:;'lt1~l.;~,t~;;tt;l~~)j~*= tl-. I-.I"h . ... . 4"11'''' neptJlJ Ie ' eaftln!!J.d'~ ~t 'thiS . tetter as our 'Ji)r(j):C~~ @fseWUng our ll1ei-meet1flbl. We are j~EJea-ring:SQnz-anin9 <"fuGling ; . S~ttiv:~I~. $Vl~rel~, J. Marc Tolson, AlA J Marc TO!SG)n, AIA JM1"nts Cc: Pete Russell, SDR Stephen Gose, KLH tt25'1 Be-dfll'J!d';Eufento.aa Suttli!;250.'. .H&th&Ii:ltJ~d'Hlll$i:r.x," 7~l80' 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 PENAL TV 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 "8". 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 ($2,000.00) for each offense. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order Ordinance 0-06-1573 Page 4 of 4 to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A - Zoning and Location Map Exhibit B - Conceptual Site Plan 111 I << I I 'IIQUL-- ,- 11....-.. -., .... . ..1. .... '-'*. I::: ~ 1a.i ~'I ..- J. i--"! rII.....fl'i!llNtt;~ ..- LIJ ~~,,;oi;~ ""~ , ..~~..,..~ ~ """-~''"_'''"' ~~i:t<' ~ ~_^""......, 'il><'l->lli-. Exhibit C -Exterior Elevations I:I~-~. ~~ ~~ ~"-,,,,__"lh;~_.._k__-" -~~*.'!&.,-.'q'~ ~ J, ~i1 '-~ f! "" -- .~ ~ ~Ir~ntr~ ~'""'~"ti.,_~~ ~.~~ ~t~.. ..... .' .f'~ Auilftd~.-dt~. Cum ~"""'.u.'!"l< Exhibit D - Screening Plan alier I Tolson I French An:hl1:ecture Planniny Project ~Ii$negement June 28, 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, Please consider this letter as our formal with drawl of the above zoning case. The developer was unable to resolve with the land seller the deed restrictions on the property enabling the development to proceed. It is Signature Senior Living's hope to find an alternate site in Colleyville or neighboring community. Thanks for all of you and your staff's assistance with this project. Sincerely, J. Marc Tolson, AlA J Marc Tolson, AlA JMT Ijls Cc: Pete Russell, SDR Stephen Gose, KLH 8251 Bedford-Euless Road Suite 250 . North Richland Hills, Texas 76180 .GTFdesign.com + lbx<:)\it City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 Requester: Office of the City Secretary File Name: Reports - July 5, 2006 Attachments: Capital Improvements Advisory Committee Minutes - November 14, 2005 . Zoning Board of Adjustment Minutes - May 9,2006 . Capital Improvements Advisory Committee Minutes - June 12, 2006 . Planning and Zoning Commission Minutes - June 12, 2006 File Type: Report Agenda Date: 07/05/06 Agenda No.: 11 Status: Reports Controlling Body: City Council Final Action: History of Legislative File Version: Date: Acting Body: Action Text: 1 07/05/06 City Council Title Capital Improvements Advisory Committee Minutes - November 14, 2005 Zoning Board of Adjustment Minutes - May 9, 2006 Capital Improvements Advisory Committee Minutes - June 12, 2006 Planning and Zoning Commission Minutes - June 12, 2006 City of Colleyville Page 1 Printed on 6/28/2006 .~ l'exas CAPITAL IMPROVEMENTS ADVISORY COMMITTEE MEETING MINUTES - November 14, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Present: Robert McCormick, Dave Dudziak, Mary Taylor, Denis Duffy, Jeff Byerly and Larry Cole Absent: Thomas Bartkowski, John Blassingame and Andrew Wayne Barry LeBaron, Chris Fuller and Amy Shelley from staff were present. APPROVAL OF MINUTES Committee Member Byerly moved to approve the January 12, 2004 meeting minutes as written. Committee Member Dudziak seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Byerly, Cole Nay: None AGENDA ITEMS 1. Orientation on the Water, Sewer and Roadway Impact Fee Study update by Kimley Horn and Associates Barry LeBaron presented the case and briefed the Committee Members. Aaron Nathan with Kimley Horn and Associates came forward to present the orientation on the Water, Sewer and Roadway Impact Fee Study to the Committee Members. Committee Member Duffy questioned Mr. Nathan regarding the schedule for updating the impact fees, are all to go to city council at the same time? Mr. Nathan replied the schedule being a draft, some of the dates may shift. Committee Member Duffy and Mr. Nathan entered into discussion regarding the schedule for updating the impact fees. Committee Member Larry Cole entered into discussion with staff regarding how many dollars where approved during the bond issue. City Manager, Paul Frederickson replied the only bond that was approved was for the building of the new fire stations. 2. Discussion of the proposed amendment to the Land Development Code regarding apportionment of infrastructure costs Barry LeBaron presented the case and briefed the Committee Members. Committee Member Larry Cole entered into discussion with staff regarding the Capital Improvements Advisory Committee Minutes - November 14, 2005 Page 10f2 approach for the apportionment amendments. Committee Member Byerly made motion to approve the amendments Development Code regarding apportionment of infrastructure costs. Member Duffy seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Taylor, Duffy, Cole, Byerly Nay: None to the Land Committee STAFF REPORTS None ADJOURNMENT The Commission adjourned the meeting at 8:00 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: June 12, 2006 Capital Improvements Advisory Committee Minutes - November 14, 2005 Page 2 of 2 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - MAY 9, 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, Ed Moore and Larry Knox (All. 1.) Uton Dellosso (All. 2) Barry LeBaron and Chris Fuller Absent: Staff: APPROVAL OF MINUTES Skip Reynolds made motion to approve the March 14, 2006 meeting minutes as written. Rich Munson seconded. Approved by acclamation. AGENDA ITEMS 1. Case A-06-006 - Request for a variance from the regulations of the Colleyville Land Development Code regarding the front building line setback on Lot 2, Block 1 of the Summerbrook Addition located at 2212 Glade 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. Neil DiGiammatteo of Team 3 Homes, 2212 Glade Road, contractor for the applicant, came forward to present the case and answer any questions the Board had. Rich Munson questioned staff regarding if the right of way on Glade Road had been dedicated? Barry LeBaron replied the right of way was dedicated at the time of platting. Ed Moore questioned Mr. DiGiammatteo regarding if the new fence would line up with the neighbor's fence? Mr. DiGiammatteo replied yes. Board member questioned staff regarding if this promotes our estate developments along major thoroughfares? Barry LeBaron stated staff has discussed a possible amendment to the Land Development Code to include these types of perimeter screening fences by right along major thoroughfares. This would avoid property owners having to seek a variance in the future. This proposed amendment will be something discussed by the Planning and Zoning Commission at a future date. There being no one wishing to speak, Chairman McNosky closed the public hearing at 7:41 p.m. Skip Reynolds made motion to approve case A-06-006. Rich Munson seconded. The motion was approved the vote being: Ayes: Kenney, Reynolds, Munson, Moore, McNosky Nay: None Zoning Board of Adjustment Minutes - May 9, 2006 Page 1 of 2 REPORTS AND COMMENTS None ADJOURNMENT The motion to adjourn was seconded. Vote was unanimous and the meeting adjourned at approximately 7:45 p.m. Amy Shelley Planning & Zoning Assistant Approved on: June 13, 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 - May 9, 2006 Page 2 of 2 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Meeting Minutes - Draft Monday, June 12, 2006 7:00 PM City Council Chambers ~itallmprovements AdViSOry Committee Capital Improvements Advisory Committee Meeting Minutes - Draft June 12, 2006 1. CALL TO ORDER Present: Committee Members Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Larry Cole ,Jeff Byerly Absent: Denis Duffy and Andrew Wayne 2. ROLL CALL 3. APPROVAL OF MINUTES November 14,2005 Committee Member Dudziak moved to approve the minutes from the November 14,2005 meeting. Committee Member Bartkowski seconded. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Cole, Byerly Absent: 2 - Duffy, Wayne 4. AGENDA ITEMS Sa. Case G-06-014- PUBLIC HEARING Roadway, Water and Wastewater Land Improvement Plans and Impact Fees Barry LeBaron presented the case and briefed the Committee members. Consider approval Use Assumptions, of the Capital Aaron Nathan with Kimley Horn and Associates came forward to present the fees calculated for roadway, water and wastewater land use assumptions and impact fees to the Committee members. Committee Member Dudziak questioned staff for clarity if the Committee is to approve the assumptions, not the rates? Barry LeBaron replied the Committee is to consider the recommendations for the plans, assumptions and the rates. Barry LeBaron and Mr. Nathan entered into a discussion regarding the rates being calculated for the surrounding communities. Committee Member Larry Cole stated the fees are being collected from the developers for the portion of the road they are impacting, however, it appears there is not any real intent to build these roads. He stated not remembering Heritage Avenue being on the original assumption. What is the road impact fee right now in each service area? Barry LeBaron replied on the east side of SH26 is $1962 and the west side of SH26 is $1589. The water rate is $1866 and the sewer rate is $140. Committee Member Larry Cole stated not having issues with the water and sewer rates, however, the road impact fees are an issue since there are not any new roads. Committee Member Byerly questioned Mr. Nathan regarding what percent our existing fees are based on recovering and then if you know some of these other cities like what percent of their cost is being recovered by these rates on the chart provided? Mr. City of Colfeyville Page 1 Printed on 6/27/2006 Capital Improvements Advisory Committee Meeting Minutes - Draft June 12, 2006 Nathan replied Southlake is in the 40 to 50 percent, Keller is below 50 percent because they do not do the credit calculation. With your existing ordinance, you are almost at 100 percent based on the calculations. Mr. Nathan questioned staff regarding what percentages are the maximum? Barry LeBaron replied in 2001 when the rates were set, the water was at 82 percent of the max and sewer was 100 percent of max and roadway was 100 percent unless it was a sales tax generating business, then it was 65 percent credit, only charging 35 percent. Committee Member Bartkowski questioned why would a city want to collect less than the maximum that they are entitled to? Mr. Nathan replied the burden can be shifted to a front end cost like the developer, so for sales tax uses, you would not want to stunt growth. There are some communities who come close to the 100 percent, but all they ever do is supplement funds. Committee Member Bartkowski questioned Mr. Nathan regarding if the escrow that is in the fund has an impact on the fees being assessed, how much of the fees collected has not been utilized? Mr. Nathan stated not considering those fees in the calculations. Barry LeBaron stated he would get a copy of those funds that are available in those accounts. Committee Member Bartkowski questioned if those funds would make a difference? Mr. Nathan replied those are included in the assumptions for the development. Committee Member Bartkowski stated some of that money would off set the money needed to complete that capital improvement project. Mr. Nathan replied correct and that is reflected in these figures. Committee Member Larry Cole stated these fees are collected and the only streets that are being built are around schools and intersections. He stated new homeowners are paying these fees and there are not any new roads being built. Committee McCormick questioned Mr. Nathan how the new impact fee projects were listed? Mr. Nathan stated being limited to those that are identified on the Master Plan Thoroughfare Plan. Committee Member McCormick questioned Mr. Nathan if any changes were made considering the changes that will be made to SH26? Mr. Nathan questioned as far as discounting the exhibiting demand? Committee Member McCormick replied yes. Mr. Nathan replied looking at the projects on a system level regarding the travel in the old service area, not on a service by service area. The thoroughfare plan being what is needed for the build out of the community. Barry LeBaron stated the Committee may want to look at the Master Thoroughfare Plan to see if there are other facilities that need to be part of the collector system. Committee Member Byerly opened the public hearing at 7:40 PM. There being no one wishing to speak, Committee Member Byerly closed the public hearing at 7:40 PM. Barry LeBaron stated the Committee may want to consider tabling this item until the next meeting to be able to study this more in depth. In the mean time, staff can put together some tables to explain the percentages of the fees that were discussed tonight. Committee member Taylor stated wanting to see what is already in the funds that has already been collected. Barry LeBaron replied he would get the amounts for the next meeting. City of Colleyville Page 2 Printed on 6/27/2006 Capital Improvements Advisory Committee Meeting Minutes - Draft June 12, 2006 Committee Member Dudziak questioned Committee Member Larry Cole what is his opinion about the fees to be collected in a developer or builders perspective? Committee Member Larry Cole replied not being against the impact fee system, the city has to have something to work with. From a builders point of view, as long as Colleyville is doing everything they can do and are competitive with other communities and are not on the high end, it is ok. Committee Member Dudziak questioned Mr. Nathan if these calculations have been done with a higher percentage than in the past based on the higher density developments over the past several years? Barry LeBaron replied using the master plan and based that on the 1.8 units per acre and applied that to those areas that are still undeveloped, realizing that you also have some areas with higher density. The commercial areas were looked at, considering how many new businesses are shown on the master plan. Committee Member Dudziak stated because of the higher density areas, these impact fees may not be large enough to accommodate those densities. Committee Member Larry Cole stated look at the other developments that are three or five acres, this city will never get to the 1.8 that is used for these calculation. Committee Member Larry Cole questioned Mr. Nathan regarding the sewer assumptions, why is it a six inch sewer line, on a private owners property, going to Heritage, why should the rest of the developers fund that for that developer? Mr. Nathan replied distributing those fees equally across the city. It becomes a equal exercise over the whole city. Committee Member Larry Cole stated you end up having a 2000 percent increase, going from $140 to $2500. Mr. Nathan stated the biggest dollar amounts come from the TRA projects. Committee Member McCormick stated the traffic at the Hardage Lane signal will increase considerably once the SH26 updates are completed. Mr. Nathan stated that facility is not identified on the Master Thoroughfare Plan. Committee Member McCormick stated it might need to be. Mr. Nathan replied true. Committee Member Dudziak stated those corrections would need to be made now while we are in the calculating stages. Mr. Nathan questioned Committee Member McCormick if the facility at Hardage Lane would be rehabilitated or complety re-done? Committee Member McCormick replied rehabilitated. Mr. Nathan stated then it would not qualify for the funds. Committee Member Blassingame questioned Mr. Nathan how the $18 million in roadway fees is recovered? Mr. Nathan replied those are the fees being discussed tonight if the 100 percent were taken. Commissioner Blassingame questioned where is the rest of the money coming from since we are at 15 percent right now, but negotiating 35 percent? Mr. Nathan replied the difference between the 82 and the 18 would need to come from. Committee Member Blassingame replied not having enough of an impact to get these roads completed no matter where we set this. Committee Member Bartkowski replied some of those costs should be off set with some of the money that has already been collected. Committee Member Taylor stated staff will be getting the fund amounts for the next meeting. Committee Member Larry Cole questioned staff if the totals are going to reflect as far back as 1990? Barry LeBaron replied should be able to do so. Committee Member City of Cotleyville Page 3 Printed on 6/27/2006 Capital Improvements Advisory Committee Meeting Minutes - Draft June 12, 2006 Larry Cole stated it being a good idea to see what is in the funds currently. Committee Member Blassingame stated, before running off developers because of the rate being so high, at least try and determine where the rest of the money is to come from. Committee Member Dudziak stated that riot being this Committee's role to suggest or have control over the Master Plan or the priorities. He stated wanting Glade Road to be a four lane road, but really does not have a say in doing so. A motion was made by Committee Member Blassingame and seconded by Committee Member Taylor that this matter be tabled. The motion carried by the following vote: Aye: 7 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Cole, Byerly Absent: 2 - Duffy, Wayne 5. REPORTS AND COMMENTS 6. ADJOURNMENT The Committee adjourned the meeting at 7:45 p.m. by acclamation. Minutes approved on June 26, 2006 Amy Shelley. Planning and Zoning Assistant City of Colleyville Page 4 Printed on 6/27/2006 City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Meeting Minutes - Draft Monday, June 12, 2006 City Council Chambers Plannina and Zonina Commission Planning and Zoning Commission Meeting Minutes. Draft June 12, 2006 6:15 P.M. - PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 8:00 P.M. 1. CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 P.M. 2. ROLL CALL Commissioners Robert McConnick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame and Jeff Byerly were present. Commissioner Denis Duffy was absent. 3. INVOCATION The invoation was given by Commissioner Byerly 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES May 22, 2006 The corrections being: add the abstain vote for item number Ba; add the recused information to item number Bb and add the abstain vote for Bb; and to add the motion failed information to item number Bc. Commissioner Byerly moved to approve the May 22, 2006 meeting minutes with the corrections. Commissioner Blassingame seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. REGULAR AGENDA ITEMS 7a. Case P-06-026 - Minor plat of Lots 1 and 2, Block A, Habra Addition, 1.56 acres located at 3798 Glade Road City of Colleyvifle Page 1 Printed on 6/27/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 Commissioner Byerly recused himself from this item. Commissioner Taylor made motion for Commissioner Dudziak to chair the meeting. Commissioner Blassingame seconded. Motion was approved by acclamation. Chris Fuller presented the case and briefed the Commissioners. Chris Hawkins, the applicant, came forward to present the case and answer any questions the Commissioners had. Barry LeBaron questioned City Engineer Robert Woods regarding why the access easement has the curve and lines up in that location as indicated on the drawing? Engineer Woods explained the future improvements that are tied in with the Glade Road and Heritage Avenue intersection has a median opening with the church across the street and the property is taking use of that for access purposes. Commissioner Taylor questioned Mr. Hawkins regarding if there will be multiple buildings along this main road? Mr. Hawkins replied not knowing, the plans have not been advanced enough to know, two maybe three buildings. Commissioner Taylor questioned Mr. Hawkins if the structures will be one story? Mr. Hawkins replied yes. Commissioner Blassingame questioned Mr. Hawkins regarding if the property will be accessed on the left side? Mr. Hawkins replied to the east side of the property, he stated using the access off of Glade Road. Commissioner Bartkowski questioned staff if the access will be adequate enough for the fire trucks to gain access? Barry LeBaron replied yes and the Fire Marshal has approved it. Commissioner Taylor moved to approve case P-06-026. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame Absent: 1 - Duffy Abstain: 1 - Byerly 7b. Case P-06-029- Minor plat of Lots 1 and 2, Block 1 of the Symphony Estates Addition on 1.19 acres located at 2301 and 2305 Glade Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Taylor moved to approve case P-06-029. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 7c. Approval of a Final Plat of Lots 1-16, Block 1 of the Colleyville Heights Addition on 4.36 acres located at 5400-5408 Pleasant Run Road, Case Page 2 Printed on 6/27/2006 City of Colleyville Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 P-06-030 Chris Fuller presented the case and briefed the Commissioners. Commissioner Bartkowski questioned staff regarding what is the first waiver? Chris Fuller replied the first waiver is for Lot A, there is an existing home with a 25 foot set back already in place. Commissioner Taylor questioned staff if the developer lives on Lot A? Chris Fuller replied yes. Commissioner Bartkowski questioned staff regarding if the public access and drive easement for Lot A is going to create a flag lot, or what is that public access easement going to be used for? Roger Hart, the surveyor, replied that is a drainage easement. He stated that is a pedestrian access and drainage easement. Commissioner Taylor questioned Mr. Hart regarding where does the developer access his lot? Mr. Hart replied from west South Drive. Commissioner Byerly questioned Mr. Hart if all of the other houses, besides the developers house, are going to require sprinkler systems? Chris Fuller replied correct, since this development only has one entrance, the other homes will need to have sprinklers. Commissioner Taylor questioned Rick Wamer, the developer, regarding what will be built on Lot 1? Mr. Wamer replied a one story home. Commissioner Byerly questioned Mr. Wamer if he could do a 15 foot side set back for Lot 1? Mr. Wamer replied the further we go up from 8 foot, the smaller the lot size becomes for the home and driveway entrance. Commissioner Taylor questioned Mr. Wamer if the 30 foot waiver is what is being requested for Lot 1? Mr. Wamer replied wanting the 8 foot set back like the rest of the development. Mr. Hart stated being able to work with the 12 foot set back but would prefer the 8 foot. Mr. Wamer stated because of having the brick wall, we would like to have the 8 foot set back to be consistent with the rest of the development. Commissioner Byerly questioned City Attomey if a restriction could be placed on the plat for a one story home to be constructed on Lot 1? City Attorney stated the zoning is what dictates the size, however, the developer may volunteer to specify what the size of the home will be on Lot 1 on the plat if he chooses. Commissioner Taylor stated the developer has stated he would do so. Commissioner Byerly questioned staff if they were comfortable with the 12 foot set back as opposed to the 15 foot set back? Chris Fuller stated being comfortable with the 12 foot set back. Commissioner Bartkowski stated in the field notes of the plat, it reads this is Lot F, Block 2 of the Colleyville Estates, but where the boundaries start, it reads Lot E, Block 2 of the Colleyville Estates, which is it? Mr. Hart replied the lot immediately to the north is the adjoining lot, the lot to the northwest is Lot E. He stated Mr. Warner's home sits on Lot F and some tracts are being incorporated into this plat as well. City of Co/leyville Page 3 Printed on 6/27/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 Commissioner Blassingame questioned staff regarding if a set back number could be designated in the motion? Barry LeBaron replied correct. Commissioner Byerly moved to approve case P-06-030 with the change of the side set back of Lot 1 to be changed to 12 feet and with the developers volunteer agreement to build a one story home on Lot 1 and to accept the existing set back on Lot 8. Commissioner Taylor seconded. The motion failed by the following vote: Aye: 3 - McCormick, Taylor, Byerly Nay: 3 - Dudziak, Bartkowski, Blassingame After the motion failed, Commissioner Dudziak stated liking the set back that is currently in place. He stated wanting consistency on the roadway, as far back from the roadway as possible. Mr. Hart stated this building line wil/ line up with the other building lines along Pleasant Run Road. Barry LeBaron stated supporting the set back because of the screening wall, the 30 foot will penalize the size of the lot. However, because of the amount of right of way the developer is dedicating, this house wil/ set back farther from Pleasant Run Road. Commissioner Dudziak questioned staff regarding the height of the masonry screening wall to be placed on the property? Barry LeBaron replied six feet. Mr. Warner stated having measured off of the center line of Pleasant Run Road and the property would line up with the other properties. Mr. Hart stated being able to use the 12 foot set back and still line up with the adjacent property. Commissioner Byerly discussed with Commissioners if the 12 foot set back would be sufficient? Commissioner Taylor questioned why does everything have to line up, why does everything have to be straight across? Commissioner Dudziak stated to give consistency down Pleasant Run Road for future developments. Commissioner Byerly agreed however, there will be a six foot fence along Pleasant Run Road anyway, the set back of the home will not be seen. Commissioner Dudziak stated being willing to reconsider a motion. Commissioner Bartkowski questioned staff regarding if in the Land Developemnt Code it must state on the plat a Point of Beginning on the plat? Barry LeBaron replied Commissioner Byerly moved to approve case P-06-030 with the waiver to approve the existing set back on Lot 8 and the approval of the side set back of 12 feet on Lot 1. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Bartkowski, Taylor, Byerly Nay: 1 - Blassingame Absent: 1 - Duffy 7d. Case G-06-017 - PUBLIC HEARING - Request. by Grapevine-Colleyville Independent School District for a waiver request of the tree mitigation requirements in the Land Development Code for Colleyville Elementary City of Colleyvil/e Page 4 Printed on 6/27/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 School, located in the 5900 block of Pleasant Run Road Barry LeBaron presented the case and briefed the Commissioners. Oliver Windham, landscape architect for the school, came forward to present the case and answer any questions the Commissioners had. Commissioner Taylor stated not wanting to see any trees taken away. She questioned Mr. Windham if there is any way to be able to save those trees? Mr. Windham used drawings to describe what is currently on site and what could be done with current situations. He stated because of changing the grade of the land, some trees will be lost. He stated with the parent drop off areas, the detention is taking place where all of the trees are now. He stated if having to go by the code, they would only be required to have to plant about 50 trees on site, however, they are planning to plant over 400 times the minimum requirement. He stated wanting to go in with five inch trees. He stated wanting to be able to leave the open areas open for games and lining the perimeter with trees. Commissioner Bartkowski questioned Mr. Windham regarding if any other solutions have been considered to contain the water run off? Mr. Windham replied they are trying to keep the downstream from being infringed upon and retain as much on site as possible. Mickey Thomas, with Duffy Hamilton Thomas Engineers-Planners, explained the main concentration of flow is in this area where the trees are right now. He stated wanting to facilitate the flow in this area since that is where the concentration is, the low point of the site. Commissioner Bartkowski stated the area to the north of the trees is also a lower area, except for where the trees are located. Mr. Thomas stated they are providing detention in that area as well. Otherwise, we would have to pipe to use the down stream facility. Commissioner Taylor questioned Mr. Thomas if it would be possible to install the pipe? Mr. Thomas replied yes, but it would be costly for a two tier system. Commissioner Bartkowski questioned if an underground storage facility could be used. Mr. Thomas replied yes, but the pipe would have to run about a mile for the pipe and would it be very costly. Commissioner Byerly questioned Mr. Thomas regarding the cost of the pipe versus the $60,000 you would have to mitigate, a rough estimate? Mr. Thomas replied about $100,000. Commissioner Taylor stated for about $40,000 dollars, all of those trees could be saved. Commissioner McCormick questioned Mr. Thomas regarding if there are any other areas on the adjacent campus that the trees could be planted to make up the difference? Mr. Windham replied there are trees to be planted along the tennis court sites, however, there is still not enough room to plant for the ones that have to be mitigated. Commissioner Dudziak questioned staff regarding how many inches of trees need to be planted? Barry LeBaron replied 550.5 caliper-inches. Commissioner Byerly questioned Mr. Windham regarding the different drawings he has provided. Why are there trees planted around the track on one drawing but not on the other? Mr. Windham explained the drawing with the trees around the track is where City of Colleyville Page 5 Printed on 6/27/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 they would have to plant if they are required to have to plant all of the trees. He stated not wanting to plant trees around the track area because of the soft surface of the track, roots growing etc. Mr. Windham stating the drainage becoming an issue as they further developed the project in the planning stages which has created this tree mitigation issue. Commissioner Dudziak questioned Mr. Windham regarding if it would be possible to create a retention pond area instead of the detention pond area which would create an open area that could accommodate the trees? Mr. Windham replied that would require a long term maintenance issue for the school to achieve. Commissioner McCormick questioned staff regarding if this were a builder like Larry Cole, would this discussion be happening? Barry LeBaron stated if these trees were under a building foot print, then they would not have to be replaced. Commissioner Bartkowski questioned Mr. Thomas regarding if the detention ponds have been sized or are these just estimates on the size? Mr. Thomas replied these ponds have been sized for the 100 year flood. Commissioner Bartkowski stated wanting to see the volume in numbers to see whether or not it is justifiable to remove all of the trees. Commissioner Byerly stated the developer has done everything he can to put trees back onto the site to make it efficient for use as a school. He stated being willing to accept the tree mitigation proposal. Commissioner McCormick stated still not understanding why those trees can not be planted around the track area. Commissioner Bartkowski stated the Commission has only been presented with one solution, which may not be the only solution. Commissioner Blassingame stated if a developer were to be putting something in on this property, he would try to fit the buildings on any possible space to not have to replace those trees. He stated not seeing any problem with what the school is trying to achieve. Commissioner Dudziak respectfully disagreed with Commissioner Blassingame and stated there are developers in the area who do take consideration in the replacement of trees even beyond what the code requires. As a govemment entity, they should want to make the community look better with their facility. Scott Manaham, Facility Manager for the Grapevine School District, stated the numbers can be met for the replacement of the trees, however, the spacing between them has become critical to preserve the life of the trees, they will need to be planted properly and maintained to be healthy and grow. We are trying to present a better looking facility than what is currently in place. Some of those trees are dead and diseased. Commissioner Blassingame questioned Mr. Manaham if there is a way to fill in the area around Bogart with some of those trees? Mr. Manaham stated eventually there will be an entry there and large caliper trees would not work. Commissioner Bartkowski questioned Mr. Windham if some water loving trees have been discussed to be planted in the area, cypress etc. that would not take up too much volume? Mr. Windham explained wanting to have a solid turf cover for the school to be able to maintain the area. He stated some of the trees in the aerials are diseased and dead and need to come out. Most of them are seedlings, 20 to 30 years old. By trying City of Colleyville Page 6 Printed on 6/27/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 to detain the water on site, we are wanting to make it as easy as possible on the school. Commissioner Dudziak questioned Mr. Windham regarding possible solutions to be able to plant trees around the track facility or the middle school area. Mr. Manaham stated having looked on the new site for the planting of the new trees. Commissioner Bartkowski moved to table case G-06-017 to give the applicant time to come back with alternative solutions. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6. McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 8. PUBLIC HEARING AGENDA ITEMS 8a. Approval of a Zoning Change from CN-Neighborhood Commercial to R30-Single Family Residential on 1.5 acres on Lot A, Block 3 of the Highland Acres Addition located at 413 Timberline Drive South, Case Z-06-014 Chris Fuller presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 9:20 P.M. Dean Owens, Hurst, the applicant, came forward to present the case and answer any questions the Commissioners had. There being no one wishing to speak, Commissioner Byerly closed the public hearing at 9:22 P.M. Commissioner Bartkowski questioned staff regarding how long has this property been vacant and zoned CN-Neighborhood Commercial? Barry LeBaron replied the property has always been vacant, however, he stated not being sure as to how long it has been zoned commercial. Commissioner Blassingame moved to approve case Z-06-014. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 6 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Byerly Absent: 1 - Duffy 9. TABLED AGENDA ITEMS 9a. Case G-06-015 - PUBLIC HEARING - Consider amending the Master Thoroughfare Plan to change the classification of Sanders Lane, Wyatt Drive and Industrial Boulevard from a two-lane minor collector roadway to a two-lane local street Commissioner Byerly recused himself from this agenda item. Barry LeBaron presented the request and briefed the Commissioners and suggested the City of Colleyville Page 7 Printed on 6/27/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 Commissioners to consider this item and the next item on the agenda at the same time, but to vote on the items separately. Commissioner Blassingame made motion to remove cases G-06-015 and Z-06-012 from the table. Commissioner McCormick seconded. The motion carried by the following vote: Aye: 5 - McCormick, Dudziak, Bartkowski, Taylor, Blassingame Absent: 1 - Duffy Abstain: 1 - Byerly 9b. Case Z-06-012 - PUBLIC HEARING - Request for a zoning change from AG-Agricultural to PUDR-Planned Unit Residential on 19.78 acres out of the J.L. Byas Survey located in the 1600 block of Sanders Lane Commissioner Byerly recused himself from this agenda item. Bany LeBaron presented the request and briefed the Commissioners. Curtis Young, the applicant with Sage Group, came forward to present the request and brief the Commissioners. Commissioner Bartkowski questioned Mr. Young regarding if the garages would be in the rear of the town home? Mr. Young replied correct, alley access to the garage in the rear. Commissioner Bartkowski stated the rear building line set back is only 3.5 feet, is that what is being requested? Mr. Young replied yes, there would be an alley and the garage door would be as close as 3.5 feet to the back, the alley would have a 20 foot right of way, tuming directly into the garage. Commissioner Bartkowski stated people could definitely not park in their 3.5 foot driveway. Mr. Young replied correct, in addition, some of the streets will have inset parking for visitors. Commissioner Bartkowski questioned staff regarding if they are comfortable with the 3.5 foot set back for trash? Barry LeBaron replied not having looked at the trash issue. Mr. Young replied there is a 20 foot alley right of way, 15 feet of paving within there, so there is 2.5 feet from the edge of the paving to the alley right of way and then another 3.5 feet. There is a total from the edge of the alley itself to the garage door of about six feet. Barry LeBaron stated there being other 20 foot alleys in town. Commissioner Dudziak questioned Mr. Young regarding the front set back, is that five feet? Mr. Young replied that is for the build line. Commissioner Dudziak stated that hardly being enough room for a sidewalk. Mr. Young stated the sidewalk would not be in the five feet. Commissioner Dudziak stated the structure could be built within five feet of the street. He questioned staff if this is possible? Bany LeBaron replied with town homes it is common. Commissioner Taylor questioned Mr. Young regarding how many feet is there between the front door and the car? Mr. Young replied being about 10 feet. Commissioner Bartkowski questioned Mr. Young if there will be landscape? Mr. Young replied it would be fully landscaped. Discussion occurred between Commissioner Bartkowski and Mr. Young that was not heard on the taping due to not speaking directly into the microphone. Commissioner Dudziak questioned if the units will be built as one unit or do homeowners City of Colleyville Page 8 Printed on 6/27/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 get to pick different floor plans? Mr. Young replied they will be built as one unit and sold separately. Commissioner Dudziak questioned Mr. Young if the 20 foot buffer would be included in the land the homeowners will own? Mr. Young replied yes, those lots will be 138 feet deep and they will be responsible for maintaining it. Commissioner Dudziak questioned if there will be a Homeowners Association? Mr. Young replied yes, they will be maintaining the common open spaces. Commissioner Dudziak questioned if the 20 foot would be included in the common open space that the HOA would have to maintain? Mr. Young replied the individual homeowners will maintain there part of the 20 foot buffer. He stated this could be part of the zoning guidelines as well. Commissioner Bartkowski questioned Mr. Young regarding what are the plans for the emergency access? Mr. Young replied wanting to do a hard concrete surface or grass crete that would have some green, but of the fire department standards. Commissioner Taylor commended Mr. Young regarding the layout and design of the project and make it work off of Colleyville Boulevard. Mr. Young relied stating this is an area of need of improvement and this has been though through very carefully. Commissioner Taylor questioned staff regarding if 35% of the adjacent homeowners did oppose the project? Barry LeBaron replied yes, adjacent property owners opposed. Commissioner Dudziak questioned staff regarding if Wyatt is an abandoned street? Barry LeBaron replied no. About 2001, a proposal was presented to council and denied. Commissioner Bartkowski questioned if Wyatt has ever been a dedicated right of way? Barry LeBaron replied not knowing the history of Wyatt. Some of the Ross Downs residents use the access. Commissioner Dudziak closed the meeting for a recess at 10:10 PM. Commissioner Dudziak opened the meeting at 10:20 PM. Commissioner Dudziak opened the public hearing at 10:21 PM. Beverly Rickman, 1813 Sanders Lane, spoke in favor of the request because other developers have not been able to use the land for commercial purposes. Dave McCormack, 6407 Meade Drive, stated having concems with continuing the street, but spoke in favor of the request because of the positive impact to the city. Albert Johnston, 6607 Kennedy Drive, stated wanting to down size and stated being in favor of the project. Chris Strittmatter, 5601 Ponderosa Street, stated knowing Jeff Avery, the builder, spoke in favor of the request and the project will be a good use for Colleyville. Stephen Ross, 1909 Stratton Court, stated not being opposed to the development of the property, but spoke in opposition to reducing the trees to a 20 foot buffer. He stated wanting a 60 to 80 foot buffer that the HOA would have complete control over. Robert Flynn, 7005 Whipperwill, stated a residential to residential does not require a buffer and stated the developer is being grateful to apply the buffer. He stated City of Co/leyville Page 9 Printed on 6/27/2006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 commercial office space would never work for this property. Michael Bell, 1913 Stratton Court, Broughton Addition, presented a letter in opposition to the Commissioners regarding the plan, not opposed to the land being developed. He stated the trees are part of the Eastem Cross Timbers and this plan does not preserve these trees. He stated wanting a larger buffer with an approved maintenance of these trees. He stated the Master Plan has been revised and looked at by more than one Commission and this is an overall plan for the city. He stated this development is too dense. Lanny Norman, Talisman Homes Inc., 3604 Rolling Meadows, Bedford, lot owners in Broughton, stated the proposed buffer is not adequate to maintain the property values of the new homes in Broughton. He stated wanting to know what the price of the homes are going to be? David Bagwell, 8222 Douglas Avenue #605, Dallas, questioned whether the proposed change in the thoroughfare plan will accommodate the growth of the community? He stated this question need not be something guessed upon. It should be studied by experts. This is a departure for the master plan zoning. He stated there are not any plans presented regarding what the town homes will look like. He spoke in opposition to the buffer area, stating the Eastem Cross Timbers should be preserved and this plan does not adequately preserve the trees. Scott Jostes, 6300 Wyatt Drive, stated his property has been in the middle of both developments, Broughton and this possible development. He stated being in favor of the development and this plan and in favor of not opening the street up to thoroughfare traffic. He stated being disappointed that after three years the emergency gates have not been placed where they were promised when the Broughton development was completed. He stated this is a good use for this land. There being no one wishing to speak, the public hearing was closed at 10:56 PM. Commissioner McCormick questioned staff regarding the average number of vehicle trips per household for a development like this? Barry LeBaron replied a little under 10 about 9.4. He stated not being opposed to residential development, however, this is too small, the houses are too close together. Commissioner McCormick made motion to deny case G-06-015 because the thoroughfare plan needs to reflect what will be proposed for the use of this land. Motion failed due to lack of second. Commissioner Blassingame questioned Mr. Young regarding the improvement for Sanders Lane at Colleyville Boulevard, how will this effect the land owner at that intersection? Mr. Young replied Tarrant County or TXDOT is acquiring right of way to improve Sanders at Colleyville Boulevard. Commissioner Dudziak questioned if the open space includes the easement? Chris Fuller replied the open space is 18.5 percent if the tree preservation area is not included, with the tree preservation area, the open space increases to 22 percent. Commissioner Blassingame made motion to approve case G-06-015. Commissioner Bartkowski seconded. The motion failed to receive four affirmative votes as required by the City Charter. The vote being: City of Colleyville Page 10 Printed on 6/2712006 Planning and Zoning Commission Meeting Minutes - Draft June 12, 2006 Aye: 3- Bartkowski, Taylor, Blassingame Nay: 2- McCormick, Dudziak AbStain: 1- Byerly Barry LeBaron stated since the Commissioners have an absent member, you may want to consider tabling this item until you have all members. Commissioner Bartkowski stated there not being much use for a minor collector going down Wyatt. Commissioner Taylor stated having concems with the way this will go out into Colleyville Boulevard and stated having concems with the proposed barrier. overall, this is a great way, highest and best use for this property. Commissioner Blassingame stated the developer is trying to appease the neighbors without really having to do so. Commissioner Dudziak stated not wanting to give away commercial property to residential. Maybe other alterative need to be sought for commercial or office development. Commissioner Taylor questioned why not have office space 011 the front of the development. This is a good concept, just needs some tweaking. Commissioner Blassingame made motion to table cases G-06-015 and Z-06-012. Commissioner Bartkowski seconded. The motion carried by the following vote: Aye: 3 - McCormick, Bartkowski, Taylor, Blassingame, Dudziak Absent: 1 - Duffy Abstain: 1 - Byerly 9c. Case Z-06-013- PUBLIC HEARING - Request for a Special Use Permit for outdoor storage on Lot 1, Block 1 of the Green Acres Addition located at 5401 Colleyville Boulevard This case was removed from the agenda, per the applicant's request in a letter dated June 12, 2006, placed in the case file. 1 O. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS 11. COMMISSIONERS' COMMENTS AND REPORTS 12. ADJOURNMENT: The meeting adjourned at 11:15 PM. Minutes approved on June 26, 2006 Amy Shelley, Planning and Zoning Assistant City of Cofleyville Page 11 Printed on 6/27/2006 RESOLUTION R-06-2722 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JULY 5, 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