Loading...
HomeMy WebLinkAboutCity Council-Agenda Packets-2/7/2012City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, February 7, 2012 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation of the Regional Transportation Funding Overview PC-2 Presentation of the proposed scope of services for the engineering firm selected to design the Cheek-Sparger Road and Jackson Road Intersection Improvement Project PC-3 Discussion of the Fiscal Year 2013 (FY 2013) City Council Budget Calendar PC-4 Presentation of the Quarterly Capital Projects Update PC-5 Presentation of the quarterly investment report PC-6 Discussion of the February 7, 2012 regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation and duties of the City Manager Section 551.087 - Economic Development - discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay, or expand RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City Council Agenda February 7, 2012 City of Colleyville Page 2 INVOCATION: Councilmember Mike Taylor 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- 12-3460 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Colleyville Fire Department Life Saving Award to Firefighter/Paramedic Brandon Schroeder - Mayor David Kelly and Fire Chief Russell Shelley 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3461 4a Approval of the minutes of the regular City Council meeting of January 17, 2012 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-12-1822 Approval of a request to rezone 4.8 acres from RE-Single Family 'Estate' Residential to PUD-C-Planned Unit Development Commercial on Lots 1A and 2, Block 1, of the Wildwood Estates Addition, located at 5604 and 5700 Pool Road, Case ZC11-027 5b Ordinance O-12-1823 Approval of amendments to the Future Land Use map of the Colleyville Master Plan for Lots 1A and 2, Block 1, of the Wildwood Estates Addition, from a Single Family Land Use Designation to an Institutional Land Use Designation 5c Ordinance O-12-1824 Approval of a request to amend the Special Use Permit to allow for outside vehicle sales on Lot 1R, Block 1, of the Nystel Addition, located at 1815 John McCain Road, Case ZC11-028 5d Ordinance O-12-1825 Approval of a request for a Special Use Permit for on-premise consumption of alcoholic beverages on Lot 1A, Block 1, of the Applebees Addition, located at 5150 Colleyville Boulevard, Case ZC12-004 6. RESOLUTION(S): READING AND PUBLIC HEARING City Council Agenda February 7, 2012 City of Colleyville Page 3 6a Resolution R-11-3432 Approval of a perimeter street fee waiver request on Lot 1, Block 1, of the Maciley Addition located at 2800 Glade Road, Case GC11-006 6b Resolution R-12-3462 Calling a General Election for May 12, 2012 for the purpose of electing Councilmembers to Place 5 and Place 6 6c Resolution R-12-3463 Approval of a resolution accepting the annual audit for Fiscal Year Ended September 30, 2011 6d Resolution R-12-3464 Approval to change the name of the Colleyville Trails and Sidewalks Committee to the Colleyville Sidewalks Committee and establishing new criteria for the committee to follow when recommending new sidewalk projects 6e Resolution R-12-3465 Consideration of appointments to the Colleyville Sidewalks Committee 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Library Board Minutes - October 10, 2011 Planning and Zoning Commission Minutes - December 12, 2011 Planning and Zoning Commission Minutes - January 9, 2012 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR FEBRUARY 7, 2012 - Reading and Public Hearing - Resolution R-12-3466 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, February 3, 2012, by 5:00 p.m. Cynthia Singleton, TRMC, CMC City Secretary City Council Agenda February 7, 2012 City of Colleyville Page 4 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 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-1 Agenda Date 02/07/2012 Type Pre Council Department Public Works Title Presentation of the Regional Transportation Funding Overview Explanation At the request of City Council, Christie Gotti, Senior Transportation Planner at the North Central Texas Council of Governments (NCTCOG), will make a presentation on transportation funding. The presentation will provide information on the source, prioritization and allocation of transportation funds within the region. It is anticipated that the presentation will be available prior to the Pre Council meeting, and will be provided to the City Council upon receipt. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-2 Agenda Date 02/07/2012 Type Pre Council Department Engineering Title Presentation of the proposed scope of services for the engineering firm selected to design the Cheek-Sparger Road and Jackson Road Intersection Improvement Project Explanation The purpose of this item is to brief the City Council on the proposed scope of services to be provided by the engineering firm selected to design the Cheek-Sparger Road and Jackson Road Intersection Project. Prior to seeking a consulting firm to design the intersection improvement, the City contracted with Burgess and Niple to do a preliminary study and determine the appropriate improvement (traffic signal or roundabout). Staff solicited Statements of Qualifications and Interest from six engineering firms in the Dallas-Fort Worth region for this project, and responses were received from the following four firms: Freese & Nichols Halff Associates TranSystems Burgess and Niple Public Works staff reviewed the Statements of Qualifications and Interest and interviewed the four firms that responded. Staff specified that the presentations were to be made by the project team members, rather than the business development staff. City staff evaluated the project team presentations using the following criteria: Project team personnel Current workload Proposed schedule Similar project experience Compatibility and awareness of the Colleyville community Staff is preparing a scope of services that will include the basic design services and a "cafeteria plan" style option for additional services that may be required, depending upon the final scope of this project. The basic services that will be included in the agreement, include the following: Review of the existing intersection study City Council Agenda Briefing City of Colleyville Page 2 Preliminary design Survey services Geotechnical investigation Basic drainage analysis Schematic design Public information meeting Final design Subsurface utility investigation and coordination Construction documents Construction assistance The preliminary design may result in a need for additional services. If that is the case, staff will come back to City Council with a recommendation to modify the scope of services. Staff will present a recommendation for the approval of a Professional Services Agreement with the most qualified engineering firm at the February 21, 2012, City Council Meeting. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-3 Agenda Date 02/07/2012 Type Pre Council Department City Manager Title Discussion of the Fiscal Year 2013 (FY 2013) City Council Budget Calendar Explanation This item is provided as an opportunity to receive City Council comments concerning the proposed FY 2013 budget calendar. The draft FY 2013 budget calendar notes various budget meeting dates and worksessions with City Council. These dates are highlighted for City Council review. Attachments 1.Fiscal Year 2013 Budget Calendar City of Colleyville FY 2013 Budget Schedule Tuesday, February 7 City Council reviews the proposed FY 2013 budget schedule Tuesday, March 6 Review budget calendar with City Council candidates Thursday, March 8 Budget kickoff meeting for City staff Tuesday, April 17 City Council - Pre Council mid-year budget presentation (5:30 p.m.) Saturday, May 12 City Council Election Tuesday, May 15 Tarrant Appraisal District releases preliminary appraisal information Thursday, May 17 Preliminary revenue estimates completed Friday, May 18 City Council Meeting to Canvass Election Results (4:00 p.m.) Thursday, May 24 Colleyville Crime Control and Prevention District FY 2013 planning and budget worksession (5:00 p.m.) Thursday, May 24 City Council FY 2013 planning and budget worksession (6:00 p.m.) Friday, May 25 City Council FY 2013 planning and budget worksession continuation (9:00 a.m.) Tuesday, June 19 Colleyville Crime Control and Prevention District meeting – FY 2013 budget adoption (5:00 p.m.) Tuesday, June 19 City Council meeting- First Reading of FY 2013 Colleyville Crime Control and Prevention District budget (7:30 p.m.) Tuesday, July 3 City Council meeting – Second Reading and adoption of FY 2013 Colleyville Crime Control and Prevention District budget (7:30 p.m.) Wednesday, July 25 Tarrant Appraisal District releases certified tax roll Friday, August 3 City manager’s proposed budget distributed to City Council Tuesday, August 7 City Council Meeting - Approval and adoption of the 2012 Certified Tax Roll Thursday, August 9 City Council budget worksession (6:00 p.m.) Thursday, August 9 City Council Special Meeting – Discuss FY 2013 Tax Rate (immediately following budget worksession) Tuesday, August 14 Colleyville Economic Development Corporation FY 2013 planning and budget worksession (7:00 p.m.) Tuesday, August 28 City Council Public Hearing FY 2013 Tax Rate (6:30 p.m.) Tuesday, August 28 Colleyville Economic Development Corporation meeting – FY 2013 budget adoption (7:00 p.m.) Tuesday, September 4 City Council meeting – FY 2013 budget and tax rate ordinance – first reading and public hearing (7:30 p.m.) Tuesday, September 18 City Council meeting – FY 2013 budget and tax rate ordinance – second reading and public hearing and adoption (7:30 p.m.) City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-4 Agenda Date 02/07/2012 Type Pre Council Department City Manager Title Presentation of the Quarterly Capital Projects Update Explanation Currently, there are capital street, trail, and utility improvements that are in the process of design or construction. This presentation will provide City Council an update on the status of current capital projects as of the end of December 2011. Attachments 1.Quarterly Capital Improvement Projects (CIP) Presentation QUARTERLY CAPITAL IMPROVEMENT PROJECTS (CIP) PRESENTATION PRE COUNCIL MEETING FEBRUARY 7, 2012 SIDEWALK / TRAIL IMPROVEMENTS Cotton Belt Trail Phase II L.D. Lockett Trail Key Information •Provides connectivity with existing Cotton Belt Trails in Grapevine and North Richland Hills •Provides connectivity at L.D. Lockett Park to the Cotton Belt Trail Current Activity (as of December 2011) •Pre-construction meeting held October 2010 •Construction 100% complete within Colleyville •Construction is 95% complete within Hurst Funding •Project budget: $1,010,270 •Funding sources: •FY 2011 Colleyville Economic Development Corporation Budget ($100,000) •Park Land Dedication Fund ($162,670) •TxDOT Grant ($747,600) Key Dates •City Council award of contract to Humphrey and Morton: August 17, 2010 •Construction began: November 29, 2010 •Colleyville Section: Opened November 2011 •Hurst section: Anticipated opening March 2012 •Formal ribbon cutting anticipated: April 2012 Staff Contacts •Monica Sue Walsh, Parks and Recreation Director, 817.503.1182, mwalsh@colleyville.com •Jeremy Hutt P.E., City Engineer, 817.503.1095, jhutt@colleyville.com Webb House Trail Key Information •Provides connectivity from Bransford Park to the Cotton Belt Trail with existing trails in Grapevine and North Richland Hills •Trail crossing at Cotton Belt rail line to be completed with quad gate project •Designed in-house south of Cotton Belt rail line Current Activity (as of December 2011) •Coordinating interlocal agreement with the T for quad gates at Bransford Road Funding •Project budget: $185,000 •Funding sources: •FY 2013 Colleyville Economic Development Corporation CIP Plan ($165,000) •Park Land Dedication Fund ($20,000) Key Dates •This project is contingent on the completion of Quad Gate Crossing Project •Design initiation anticipated: FY 2013 •Design and construction estimated to take 6 months once initiated Staff Contacts •Monica Sue Walsh, Parks and Recreation Director, 817.503.1182, mwalsh@colleyville.com •Jeremy Hutt P.E., City Engineer , 817.503.1095, jhutt@colleyville.com Pleasant Run Trail (Bogart to Mission) Key Information •Provides connectivity from The Village (Mission Lane) to Bogart Current Activity (as of December 2011) •Design is underway by Schrickel, Rollins and Associates, Inc. Funding •Project budget: $503,000 •Funding sources: •FY 2012 Colleyville Economic Development Corporation Budget ($58,000 for design) •FY 2012 Colleyville Economic Development Corporation Budget ($168,000 for ROW acquisition) •FY 2013 Colleyville Economic Development Corporation CIP Plan ($277,000 for construction) Key Dates •Design Firm Selected: January 17, 2012 •Design and right-of-way acquisition estimated to take 12 months •Construction to begin in FY 2013 and take an estimated 6 months Staff Contacts •Monica Sue Walsh, Parks and Recreation Director, 817.503.1182, mwalsh@colleyville.com •Jeremy Hutt P.E., City Engineer, 817.503.1095, jhutt@colleyville.com STREET IMPROVEMENTS Pleasant Run Road and John McCain Road Intersection Improvements Key Information •Promote a safe intersection for both vehicular and pedestrian traffic •Provide an intersection that will meet future traffic needs •Single lane roundabout with right turn lanes Current Activity (as of December 2011) •Design by Burgess and Niple is currently 99% complete •Right-of-way acquisition currently underway Funding •Project budget: $1,312,000 •Funding sources: •Service Area II Impact Fees ($475,099) •Water Impact Fees ($148,490) •Tarrant County Bond Funds ($201,359) •Capital Projects Street Resurfacing Funds Transfer ($487,052) Key Dates •Preliminary study completed: March 15, 2010 •Public meeting: May 6, 2010 •City Council award of design contract to Burgess and Niple: July 16, 2010 •Design completion: March 2011 •Construction estimated to take 6 months once initiated Staff Contact •Jeremy Hutt P.E., City Engineer, 817.503.1095, jhutt@colleyville.com Cheek-Sparger Road and Jackson Road Intersection Improvements Key Information •Promote a safe intersection for both vehicular and pedestrian traffic •Provide an intersection that will meet future traffic needs •Single lane roundabout with right turn lane on northbound Central Current Activity (as of December 2011) •Preliminary intersection study performed by Burgess & Niple •A public meeting was held on September 15, 2011 Funding •Project budget: $1,060,000 •Funding sources: •Tarrant County Bond Funds ($355,340) •County funds available up to $535,415 at a one-to-one match with City funds •RTR NCTCOG Funding ($349,320) •Service Area I Street Impact Fees ($186,865) •Water Impact Fees ($50,000) •Capital Projects Street Resurfacing Funds Transfer ($118,475) Key Dates •Preliminary study completed: March 15, 2010 •Public meeting conducted: September 15, 2011 •City Council award of design contract anticipated: February 21, 2012 •Design and right-of-way acquisition estimated to take 8-12 months •Construction estimated to take 6-8 months once initiated Staff Contact •Jeremy Hutt P.E., City Engineer, 817.503.1095, jhutt@colleyville.com 2011 Street Rehabilitation Projects Key Information •Rehabilitation of the existing pavement for multiple street segments within Colleyville including: •Brentwood Drive and Court - completed August 2011 •Cheek-Sparger Road - completed September 2011 •L.D. Lockett Road - completed September 2011 •John McCain Road - completed October 2011 •Pleasant Run Road - completed November 2011 Current Activity (as of December 2011) •All segments completed Funding •Total Project budget: $552,420 •Funding source: •FY 2011 General Fund Street Resurfacing Funds Key Dates •Council award of the contract with Reliable Paving: June 21, 2011 •Construction began on: July 25, 2011 •All Project sections completed: November 11, 2011 Staff Contact •Jeremy Hutt P.E., City Engineer, 817.503.1095, jhutt@colleyville.com Rail Crossing Quad Gate Improvements Key Information •Promote a safe intersection for both vehicular and pedestrian traffic •Provide for the ability to apply for a Quiet Zone Designation Current Activity (as of December 2011) •Draft interlocal agreement with The T currently under review Funding •Project budget: $1,800,000 •Funding sources: •Federal Grant Administered by TxDOT ($1,435,000) •Anticipated Fort Worth Transit Authority (The “T”) Local Funding Match ($365,000) Key Dates •Interlocal agreement to be presented to City Council: Spring 2012 •Design initiation anticipated: FY 2012 Staff Contact •Jeremy Hutt P.E., City Engineer, 817.503.1095, jhutt@colleyville.com Colleyville Boulevard / State Highway 26 Reconstruction Phase I Key Information •Project currently funded from Pool/Brumlow to John McCain Road •Funding from Phase I southern limit to Hall- Johnson Road anticipated in 2015 or later •Funding for Hall-Johnson to Cheek-Sparger undetermined at this time Current Activity (as of December 2011) •Design is complete •Right-of-way acquisition by TxDOT complete •Franchise utility relocation substantially complete Funding •Project budget: $11.08 million (Pool Road to John McCain Road) •Funding sources: •Tarrant County ($4,000,000) •City of Colleyville Tax Increment Financing District ($5,070,000) •NCTCOG ($1,608,000) •TxDOT ($402,000) Key Dates •Project let date: August 2011 •Construction is estimated to begin in April 2012 •Estimated construction time is 22 months Staff Contact •Jeremy Hutt P.E., City Engineer, 817.503.1095, jhutt@colleyville.com City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-5 Agenda Date 02/07/2012 Type Pre Council Department City Manager Title Presentation of the quarterly investment report Explanation During the period of October 1, 2011 through December 31, 2011, the City of Colleyville had an average of $45,289,619 invested on a daily basis, which earned $31,519, with an average yield of 0.28%. The average yield on investments for this quarter is up from the prior quarter's average of 0.27%. As of December 31, 2011, the City had $46,383,024 invested in the LOGIC Investment Pool, CDARS Certificates of Deposit and various debt instruments in the following percentages: LOGIC Investment Pool 51.15% Certificates of Deposit 6.48% FHLB Notes 26.73% Treasury Notes 5.39% FFCB Notes 8.84% FNMA Notes 1.41% These percentages are within the guidelines for portfolio diversification in the City's investment policy. The market value of the City's investments on December 31, 2011 was $19,763,949 as compared to a purchase price of $19,825,084 (this excludes LOGIC Investment Pool and CDARS Certificates of Deposit). The Colleyville Economic Development Corporation currently holds a Treasury Note ($550,000) with a market value of $551,525 and a purchase price of $552,320. Additionally, $1,223,350 was invested in the Corporation's name in the LOGIC Investment Pool. These funds earned interest of $838 for the quarter. The quarterly investment report was presented to the Audit Committee at the January 17, 2012 meeting. Attachments 1.Quarterly Investment Report City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-6 Agenda Date 02/07/2012 Type Pre Council Department City Secretary Title Discussion of the February 7, 2012 regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 02/07/2012 Type Executive Session Department City Secretary Title Section 551.071 - Legal - consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation and duties of the City Manager Section 551.087 - Economic Development - discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay, or expand RESOLUTION R-12-3460 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 7, 2012 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, ________NAYS AND ________ ABSTENTIONS ON THIS THE ________ DAY OF ________________________ 2012. ATTEST:CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 02/07/2012 Type Announcements, Proclamations and Presentations Department City Secretary Title Presentation of the Colleyville Fire Department Life Saving Award to Firefighter/Paramedic Brandon Schroeder - Mayor David Kelly and Fire Chief Russell Shelley RESOLUTION R-12-3461 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 7, 2012 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 the minutes of the regular City Council meeting of January 17, 2012 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ________ AYES, ________NAYS AND ________ ABSTENTIONS ON THIS THE ________ DAY OF ________________________ 2012. ATTEST:CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 17, 2012 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on January 17, 2012, at 5:39 p.m. Roll Call: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, Human Resources Manager Elise Welborn, Police Lieutenant Hillary Wreay, Police Lieutenant Rodney Cunningham, Finance Manager Karen Hines, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Community Development Director Ron Ruthven, Parks and Recreation Director Monica Walsh, Economic Development Director Marty Wieder, Information Systems Manager Chris Pena, City Attorney Cathy Cunningham, and City Secretary Cynthia Singleton were also present. Councilmember Jody Short was absent. PC-1 Presentation of the 2011 Annual Crime Report Police Chief Mike Holder provided an overview of the Uniform Crime Reporting program, the 2011 Annual Crime Report, and stated Part 1 Crime was reduced to its lowest number in over 20 years and is attributable to the men and women of the Colleyville Police Department, Citizen Police Academy Alumni Association, Citizens on Patrol, other volunteers, and neighborhood crime watch groups, businesses and alert citizens and answered questions of the City Council. Discussion ensued regarding the 2010 and 2011 crime statistics in the City and surrounding cities, arrest rate, and factors contributing to the low crime rate. PC-2 Discussion of the 2012 Citizen Survey Strategic Services Manager Eric Ellwanger presented the preliminary 2012 Citizen survey and requested City Council direction regarding the survey method, survey research firm, and confirmation that a continuation of the survey with similar questions is appropriate. Mr. Ellwanger reviewed the proposals and timeline for conducting a citizen survey. Discussion ensued regarding the previous survey, citizen response, survey content and promotion of the online survey. City Council Minutes – Draft January 17, 2012 City of Colleyville Page 2 Mr. Ellwanger stated the survey will include a comment section. City Council determined that Raymond Turco & Associates would conduct the citizen survey. PC-3 Discussion of the scope of the Colleyville Trails and Sidewalks Committee Public Works Director Bob Lowry presented an overview of the history, establishment, scope, and current status of the Colleyville Trails and Sidewalks Committee. Discussion ensued regarding the necessity for the Trails and Sidewalks Committee, importance of citizen participation, future scope of the Committee and the priority of and funding options for trails and sidewalks throughout the City. It was determined the City Council’s vision for sidewalks and trails, which include ADA accessibility, connectivity, and pedestrian safety would be articulated to the Committee and the name of the Colleyville Trails and Sidewalks Committee would be changed to the Colleyville Sidewalks Committee. Councilmember Muhm requested staff provide a map of the sidewalk routes. Mayor Kelly requested a list of priorities for sidewalks and financial requirements. Discussion continued regarding the enhanced quality of life and economic development benefits of connecting neighborhoods to shopping areas via sidewalks. City Manager Jennifer Fadden stated, with City Council’s direction for priorities, staff will develop a scoring system for the Committee to utilize for determining the priority of sidewalk construction. City Council requested information regarding the cost of ADA compliance for City sidewalks. It was determined a resolution would be placed on the February 7, 2012 City Council agenda for consideration of defining the Committee’s scope and another resolution to consider appointments to the Trails and Sidewalks Committee. PC-4 Discussion of the status of the Titan Operating Gas Well site at 7504 Pleasant Run Road including Hydraulic Fracturing Operations, Pipeline Regulations, Permitting and Construction City Council Minutes – Draft January 17, 2012 City of Colleyville Page 3 Community Development Director Ron Ruthven presented a status update of the Titan Operating drilling site located at 7504 Pleasant Run Road and on the City’s regulatory authority as it relates to pipeline construction. Mr. Ruthven further stated seven wells have been drilled on the site and no hydraulic fracturing (fracking) of any wells has occurred. Titan Operating representatives informed staff they tentatively plan to begin fracking operations on six of the seven wells on January 31, 2012. Mr. Ruthven stated in accordance with Ordinance O-10-1779, Titan would not be permitted to continue fracking activities past February 10, 2012. Mr. Ruthven reported staff has not received a pipeline application from a pipeline operator. Under Special Use Permit, Ordinance O-10-1779, the City Council approved a pipeline route under Section 4(9). Discussion ensued regarding potential waiver requests from Titan Operating and the fracking process. Councilmember Taylor requested the exhibits and attachments in the City Council agenda packet be of high quality. Discussion continued regarding communication with citizens related to gas well drilling and fracturing operations. City Manager Jennifer Fadden stated information regarding gas well drilling will be provided during the State of the City presentation. Mr. Christopher Polidore, Gas Well Inspector, Belcheff & Associates, Inc., and Dr. Kenneth Tramm, Environmental Consultant, Modern Geosciences, were present to answer questions of the City Council. PC-5 Presentation of the Monthly Financial Report - December 2011 There was no presentation of this item. Finance Manager Karen Hines stated in January, the City transitioned to the PMAM Corporation for the collection of alarm fees. Councilmember Muhm requested a quarterly update of the alarm fee collections. City Council Minutes – Draft January 17, 2012 City of Colleyville Page 4 PC-6 Discussion of the January 17, 2012 regular agenda items Mayor Kelly stated staff recommends continuing Agenda Item 6a, Approval of a perimeter street fee waiver request on Lot 1, Block 1, of the Maciley Addition located at 2800 Glade Road, to the February 7, 2012, City Council meeting. Mayor Kelly adjourned the Pre Council meeting at 7:04 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:04 p.m. Roll Call: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Communications and Marketing Director Mona Gandy, Police Lieutenant Rodney Cunningham, Community Development Director Ron Ruthven, Parks and Recreation Director Monica Walsh, Economic Development Director Marty Wieder, Information Systems Manager Chris Pena, City Attorney Cathy Cunningham, and City Secretary Cynthia Singleton were also present. Councilmember Jody Short was absent. 1.EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development - discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay, or expand Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 7:05 p.m. and reconvened at 7:39 p.m. INVOCATION: Pastor Tom Pembleton, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Cathy Cunningham City Council Minutes – Draft January 17, 2012 City of Colleyville Page 5 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-12-3455 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly invited young ladies, ages 4 through 12, to spend an Evening in Paris at the traditional Daddy-Daughter Dance, Friday, February 10, 2012, 7:00 to 9:00 p.m. at the Colleyville Center. Tickets are $35.00 and are available at the Parks and Recreation Department, second floor of City Hall or on the City’s web site. Mayor Kelly recognized Dr. Joe Allen for service on the SH26 Advisory Committee and serving as Chairman. Dr. Allen spoke regarding the work of the SH26 Task Force and the SH26 Advisory Committee and expressed excitement that the project is underway and will serve as a gateway to the City. Mayor Kelly recognized Mr. Alan Greer for service on the SH26 Advisory Committee. Mayor Kelly recognized Ms. Dee McNosky for service on the SH26 Taskforce and the SH26 Advisory Committee. Mayor Kelly recognized Dr. Louis Miller for service on the SH26 Advisory Committee. Mayor Kelly recognized Mr. Tevon Taylor for service on the SH26 Advisory Committee. SH26 Advisory Committee members Vishwajit Bhave, Walt Mills, Robert Goble, Jeff Kavanaugh, Colby Walton, and Lisa Miller were recognized in absentia by Mayor Kelly. Mayor Kelly recognized the Colleyville Farmers Market, located at 5409 Colleyville Boulevard and owners Robert Sonney and Jim Gardetto. Mr. Gardetto provided information regarding the healthy food products available at the market. City Council Minutes – Draft January 17, 2012 City of Colleyville Page 6 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3456 4a Approval of the minutes of the regular City Council meeting of January 3, 2012 4b Approval of the minutes of the regular City Council meeting of December 13, 2011 4c Approval of a Professional Service Agreement with Schrickel, Rollins and Associates, Inc., for the design of the Pleasant Run Trail, in an amount not to exceed $56,270, and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-12-3456 in its entirety. City Engineer Jeremy Hutt stated, Consent agenda item 4c is for the approval of the Professional Service Agreement with Schrickel, Rollins and Associates, Inc. for the design of the Pleasant Run Trail from Bogart Drive to Mission Lane. The Pleasant Run Trail was identified as a priority in the 2005 Colleyville Pathways Plan and the 2011 Parks, Recreation and Open Space Master Plan. Portions of the trail have been constructed in the past and the trail will provide connectivity from the Village to Colleyville Middle School. The project is scheduled for Fiscal Year 2013; however, it is necessary to begin the design phase at this time, in order to address special circumstances such as drainage, rights-of-way, and public involvement. The proposed fee is within the original budgeted amount for design services. 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 moved to approve Resolution R-12-3456. Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: Councilmember Jody Short City Council Minutes – Draft January 17, 2012 City of Colleyville Page 7 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-12-1821 Approval of a request to rezone 23 acres from CC1-Village Retail and AG- Agricultural to CC1-Village Retail with a Special Use Permit for a cemetery or mausoleum on Tract 2A1, Abstract 331 of the A. J. Caldwell Survey, and Tract 2B01, Abstract 180 of the J.L. Byas Survey located at 5725 Colleyville Boulevard, Case ZC11-026 Mayor Kelly read the caption of Ordinance O-12-1821. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Julian Brown, 5725 Colleyville Boulevard, on behalf of Bluebonnet Hills Funeral Home and Cemetery, was present to answer questions of the City Council. Mayor Kelly moved to approve Ordinance O-12-1821. Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: Councilmember Jody Short 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-11-3432 Approval of a perimeter street fee waiver request on Lot 1, Block 1, of the Maciley Addition located at 2800 Glade Road, Case GC11-006 Mayor Kelly read Resolution R-11-3432 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. Councilmember Muhm moved to continue Resolution R-11-3432 to the February 7, 2012 City Council meeting. City Council Minutes – Draft January 17, 2012 City of Colleyville Page 8 Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: Councilmember Jody Short 6b Resolution R-12-3457 Consideration of an appeal of the decision by the Sign Board of Appeals by Doug Strickland, for a variance regarding a monument sign on Lot 1, Block 1, of the Davis Medical Office Addition located at 6208 Colleyville Boulevard, Case GC11-013 Mayor Kelly read Resolution R-12-3457 in its entirety. Community Development Director Ron Ruthven provided an overview of the request for a variance for a monument sign at 6208 Colleyville Boulevard and stated the Sign Board of Appeals denied a variance request to allow a monument sign to exceed the maximum height of eight feet to a requested height of 10 feet. Mayor Kelly opened the public hearing. Mr. Doug Strickland, 5303 Colleyville Boulevard, applicant, spoke regarding the need for signage to advertise and grow his business and answered questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the size of the proposed sign. Councilmember Muhm moved to deny Resolution R-12-3457. Mayor Kelly seconded the motion. Discussion ensued regarding the length of time the business has been in Colleyville, the aesthetics of the proposed sign, whether a hardship exists related to the proposed sign and the appeal process. Mayor Kelly withdrew the second to the motion to deny Resolution R-12-3457. Councilmember Muhm withdrew the motion to deny Resolution R-12-3457. Mayor Pro Tem Hart moved to approve Resolution R-12-3457. City Council Minutes – Draft January 17, 2012 City of Colleyville Page 9 Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: Councilmember Jody Short 6c Resolution R-12-3458 Endorsing Dallas Baptist University's Certificate of Completion as a Retailer/Restaurateur program as facilitated by Colleyville Services to Assist Retailers/Restaurants Mayor Kelly read Resolution R-12-3458 in its entirety. Economic Development Director Marty Wieder provided an overview of the Certificate of Completion as a Retailer/Restaurateur program, potential community organization involvement as sponsors and the economic development benefit of the program. 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 prospective students of the program, faculty credentials and the networking benefit of the program. Mayor Kelly commended Director Wieder for introducing the certification program and bringing the SCORE program to the City to assist entrepreneurs. Mayor Kelly moved to approve Resolution R-12-3458. Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: Councilmember Jody Short 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City Council Minutes – Draft January 17, 2012 City of Colleyville Page 10 Mr. Edward Mitchell, 600 John McCain, spoke regarding the potential round-about at John McCain Road and Pleasant Run Road, and the potential acquisition of his property. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 17, 2012 - Reading and Public Hearing - Resolution R-12-3459 This resolution was not needed. 9. ADJOURNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn, and Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Mike Taylor Absent: Councilmember Jody Short Mayor Kelly adjourned the City Council meeting at 8:29 p.m. APPROVED BY A VOTE OF ________ AYES, ________ NAYS, AND _______ ABSTENTIONS ON THIS THE ________ DAY OF _____________________ 2012. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 02/07/2012 Number Ordinance O-12-1822 Type Ordinance Department Community Development Title Approval of a request to rezone 4.8 acres from RE-Single Family 'Estate' Residential to PUD-C-Planned Unit Development Commercial on Lots 1A and 2, Block 1, of the Wildwood Estates Addition, located at 5604 and 5700 Pool Road, Case ZC11-027 Explanation First Reading and Public Hearing Dave Toney, on behalf of Compass Christian Church, submitted a request to change the zoning of 4.8 acres, located on the southwest corner of Hall-Johnson Road and Pool Road. The applicant is requesting to rezone the property from the RE-Single Family 'Estate' Residential zoning district to the PUD-C-Planned Unit Development Commercial zoning district. The applicant is seeking a zoning change in order to develop the property for athletic and outdoor activities and a parking lot to support the overflow parking of the church. Proposed Development. The applicant proposes an open green space for athletic and outdoor activities, an open basketball court, a 7,200 square foot covered pavilion, and approximately 166 parking spaces for support of the proposed land uses as well as overflow parking for the adjacent church facilities. The use of athletic facilities would be for congregation members, community groups and athletic leagues. Lighting proposed for the site would illuminate the parking lot, basketball court and covered pavilion. The athletic field would not be illuminated. These provisions have been added to the proposed ordinance. Religious institutions are allowed in all zoning districts. However, given the accessory nature of the proposed use to the primary use of the Compass Church campus located across the street at 2600 Hall-Johnson Road, the accessory use effectively becomes the actual primary use on the subject property. Therefore, a zoning change is required in order to permit the proposed use. Existing Conditions. The property is currently vacant, and is platted. Approval of a subdivision amending plat will be required at a later date, upon approval of the rezoning request. Pavilion Building Design. The applicant has provided elevations for a proposed pavilion building. These elevations have been added to the proposed ordinance. All City Council Agenda Briefing 5a City of Colleyville Page 2 buildings will be restricted to the building area proposed by the applicant, and all buildings will be required to meet the building height requirements of the Land Development Code. Parking and Access. The applicant intends to provide 166 parking spaces, which meet the minimum requirements of the Land Development Code. The property will be accessed by a continuous 24 foot wide fire lane linking the south side of Hall-Johnson Road to the west side of Pool Road. Currently, the property is undeveloped and does not contain any driveway access. Staff recommends that any parking lot and exterior building/security lighting be directed away from residential areas with a minimum of 0.5 foot-candle illumination as measured at the property line. These provisions have been added to the proposed ordinance. Sidewalks and Trails. There is an existing sidewalk located on this site along both Hall-Johnson and Pool Roads. The developer will be responsible for replacing or repairing the sidewalk should damage occur during the construction process. The sidewalk must be repaired or replaced prior to the final inspection on the site. Surrounding Properties. The surrounding properties include the following uses: a Compass Church annex to the east in the City of Grapevine, the primary Compass Church campus to the north, and single family residential uses to the west and south of the subject property. Master Plan. The 2004-2025 Future Land Use Plan designates the subject property for future residential uses. This rezoning request is not consistent with the Future Land Use Plan. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the Colleyville Public Works Department. Construction plans for drainage improvements will be submitted as part of the building permit process. Fencing and Screening. The applicant is proposing to construct a ten foot masonry and wood fence with a 20 foot wide evergreen landscape buffer along the western property line. The applicant is proposing to have a 20 foot landscape buffer along the western and southern property lines. Staff recommends that an eight (8) foot masonry screening fence be constructed along the southern property line adjacent to the residentially zoned properties. Additionally, staff recommends that the landscape buffers contain live plant material of the evergreen variety, which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. City Council Agenda Briefing 5a City of Colleyville Page 3 The applicant is proposing to construct an eight (8) foot open rail steel panel fence with hedges along the northern property line along Hall-Johnson Road to help keep errant balls from making their way into traffic. This provision has been added to the proposed ordinance. Landscaping. The applicant states that general landscaping and landscaping accents will be provided throughout the site for enhancement and beautification of the land. The site plan provided by the applicant shows the general distribution of the proposed landscaping. Staff recommends that all landscaping, at a minimum, meet the requirements of Chapter 4-Landscaping and Buffering in the Land Development Code including street, buffering and parking lot landscaping. Open Space. The Land Development Code requires that Planned Unit Developments contain a minimum of 20 percent of open space. Given the recreational nature of the proposed use, there will be over 50 percent of open space on the subject property. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon submittal of a building permit for any new structure. Public Notification. Staff mailed notices to 16 adjacent property owners regarding this request and a courtesy notice was mailed to the City of Grapevine. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received two letters of opposition to the rezoning request and one letter to withdraw their opposition. Both letters are within the notification area. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the rezoning request at the January 9, 2012 meeting by a vote of 4-2 subject to the following conditions: 1. The athletic fields will not have lighting, stadium seating, score boards or signage. 2. There shall be no lighting within 50 feet of the west and south property line. 3. This rezoning request shall revert back to the RE- Single Family ‘Estate’ Residential zoning if there are no building permits issued for the proposed development within two years of approval of this ordinance. Supermajority Vote Requirement. Since the opposition within 200 feet of the subject property exceeds 20%, the request can only be approved by a supermajority vote by the City Council. This request must receive at least six (6) affirmative votes in order to be approved. City Council Agenda Briefing 5a City of Colleyville Page 4 Summary. The proposed use is not consistent with the Future Land Use Plan, as the subject properties are designated for single family uses. However, the Land Development Code allows the primary use of a religious institution in all zoning districts in order to remain consistent with the Religious Land Use and Institutionalized Persons Act (RLUIPA) passed by the United States Congress in 2000. Religious institutions are designated as institutional uses on the Future Land Use Plan. Religious institutions tend to have development characteristics that more resemble commercial as opposed to residential uses. That said, given the detached (or accessory) nature of the proposed use from the primary use of the church across the street at 2600 Hall- Johnson Road, as well as the proposed primary use of the property for a parking lot and athletic uses for use by the greater community, staff agrees that the proposed use is not consistent with the land use policies of the Colleyville Plan and the Land Development Code. Financial Impact There is no financial impact to the City. Recommendation Denial Attachments 1.Location and Zoning Map 2.Notification List 3.Buffer Map 4.Letters of Opposition 5.Letter Withdrawing Opposition 6.Aerial 7.Statement of Planning Objectives 8.Site Plan 9.Pavillion Exhibit 10.Lighting Exhibit 11.Open Rail Fence Exhibit 12.Ordinance O-12-1822 Location and Zoning Map Site RE AG R20 R20 City of Grapevine OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Highland Meadows Christian Ch 2600 Hall Johnson Rd Colleyville TX 76034 002600 Hall Johnson Rd Gray, Travis P Etux Kathleen 5801 N Ballantrae Dr Colleyville TX 76034 005801 N Ballantrae Dr Przano, Anthony P Etux D Dawan 2509 Ballantrae Dr Colleyville TX 76034 002509 Ballantrae Dr Pennington, David F Etux Marie 2516 Hall Johnson Rd Colleyville TX 76034 002516 Hall Johnson Rd Cohen-Wullaert, Allison Etvir 2502 Kings Ct Colleyville TX 76034 002502 Kings Ct Pearson, Patrick L & Celestine 2500 Kings Ct Colleyville TX 76034 002500 Kings Ct Lucart, Sean T Etux Linda A 2504 Kings Ct Colleyville TX 76034 002504 Kings Ct Baca, Richard Jr & Patricia J 4801 Behrens Ct Colleyville TX 76034 005604 Pool Rd Baca, Richard Jr Etux Patricia 4801 Behrens Ct Colleyville TX 76034 005700 Pool Rd Neisius, Brandon Etux Carolyn 2503 Kings Ct Colleyville TX 76034 002503 Kings Ct Yin, Hai-Kuang Etux Nanyi 2501 Kings Ct Colleyville TX 76034 002501 Kings Ct Sanders, Billie Joyce 5500 Pool Rd Colleyville TX 76034 005600 Pool Rd Henderson, Gary R Etux Julie 5605 Winding Trl Colleyville TX 76034 005605 Winding Tr Intfen, Christopher Etux Marga 5603 Winding Trl Colleyville TX 76034 005603 Winding Tr Sanders, Billie Joyce 5500 Pool Rd Colleyville TX 76034 005500 Pool Rd City of Grapevine P.O. Box 95140 Grapevine TX 76099 courtesy notice Dave Toney, applicant 2600 Hall Johnson Rd Colleyville TX 76034 applicant Public hearing notices were mailed on Thursday, December 22, 2011 by Amy Shelley. Notification List Buffer Map Site From: Sent: Monday, January 02, 2012 8:29 AM To: Amy Shelley Subject: Zoning case number ZCll-027 Amy, Please accept this as written notice that we do not want a zoning change to Commercial from residential at this location. Thank you, Anthony Przano 2509 Ballantrae Drive Colleyville, Texas 76034 817-269-6588 1 Letters of Opposition January 6, 2012 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 To Whom It May Concern: I currently have property located at 5500 and 5600 Pool Road in Colleyville and would like to protest the following rezoning request submitted by Dave Toney. Zoning Case Number: lCll-027 Location: 5604 & 5700 Pool Road Requested Zoning: PUD-C-Planned Unit Development Commercial My mother, Billie Sanders, recently deceased on December 18, 2011, but has on record where she has previously protested the rezoning on this same property. I am now trustee of her estate and would like to protest this rezoning request. Please let me know if any further actions are needed to protest the rezoning. Sincerely, ,o~)~ Billy Sanders ECEIVEDRI JAN~ ~ 2012 I CITY OF COLlEYVI LLE BY BUILDING DEPARTMENT Amy Shelley Subject: FW: RE: Zoning case number ZC11-027 From: Sent: Thursday, January 12, 20122:40 PM To: Amy Shelley Subject: Re: RE: loning case number lCll-027 Thank you Amy, This looks to be a good thing. I am not opposed. Tony From: Sent: Thursday, January 12, 2012 10:07 AM To: Amy Shelley Subject: Fwd: Zoning case number lCll-027 Amy, I was not able to attend the hearing. Did this case pass? What did they want to build? Thank you, Tony ----------Original Message---------­ From: tprza no@verizon.net Date: Jan 2, 2012 8:29:23 AM Subject: Zoning case number ZC 11-027 To: ashelley@colleyville.com Amy, Please accept this as written notice that we do not want a zoning change to Commercial from residential at this location. Thank you, Anthony Przano 2509 Ballantrae Drive Colleyville, Texas 76034 817 -269-6588 1 Letter Withdrawing Opposition P o o l R o a d Aerial Compass Christian Church Statement of Planning Objectives Site Plan Covered Pavilion Exhibit Lighting Exhibit Open Rail Fence Exhibit ORDINANCE O-12-1822 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 4.8 ACRES ON LOTS 1A AND 2, BLOCK 1, OF THE WILDWOOD ESTATES ADDITION FROM THE RE-SINGLE FAMILY ‘ESTATE’ RESIDENTIAL ZONING DISTRICT TO THE PUD-C-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT LOCATED AT 5604 AND 5700 POOL ROAD; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC11-027; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS,the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance O-12-1822 Page 2 of 5 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 official zoning map on 4.8 acres on Lots 1A and 2, Block 1, of the Wildwood Estates Addition from the RE-Single Family ‘Estate’ Residential zoning district to the PUD-C-Planned Unit Development Commercial zoning district located at 5604 and 5700 Pool Road, as depicted on Exhibit “A” and described in Exhibit “B”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.The purpose of this PUDC is for parking, athletic, and outdoor activities in conjunction with the Compass Christian Church located at 2600 Hall- Johnson Road. b.This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. SITE PLAN AND PLATTING a.The development of this property shall be generally consistent with the site plan attached as Exhibit “C”. b.Prior to the issuance of any building permit, an amending plat of the subject properties must be submitted and approved. No building permit may be issued until said plat is filed with the County Clerk. Ordinance O-12-1822 Page 3 of 5 3. PERMITTED USES a.Athletic field b.Covered pavilion, not to exceed 7,200 square feet c.Basketball court d.Parking spaces 4. LIGHTING a.All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. b.There shall be no nighttime illumination of any kind for the athletic field. c.There shall be no lighting within 50 feet of the west and south property lines. 5. COVERED PAVILION a.The covered pavilion area shall be generally consistent with the site plan attached as Exhibit “D” with all support columns and walls constructed of masonry materials. The pavilion shall be required to meet the building height requirements of the Land Development Code. 6. SCREENING a.A ten (10) foot masonry and wood fence shall extend along the western property line. b.An eight (8) foot masonry screening fence shall extend along the southern property line. c.A decorative eight (8) foot open rail steel panel fence shall extend along the northern property line along Hall-Johnson Road to keep errant balls from making their way into traffic as attached Exhibit “E”. 7. LANDSCAPING, BUFFERING AND OPEN SPACE a.The development shall provide a minimum of 50 percent of open space. b.A 20 foot landscape buffer shall be maintained along the western and southern property lines. Additionally, the landscape buffers shall contain live plant material of the evergreen variety, which is expected to Ordinance O-12-1822 Page 4 of 5 grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. The required plantings shall be required in the buffer along the western property line prior to the completion of the athletic field. 8. SIDEWALKS a.The developer shall replace and/or repair the existing five (5) foot sidewalk along Hall-Johnson Road and Pool Road should damage occur during the construction process. The sidewalk must be repaired or replaced prior to the final inspection on the site. b.All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the _________ day of _________________________ 2012. The second reading and public hearing being conducted on the _________ day of _________________________ 2012. Ordinance O-12-1822 Page 5 of 5 ATTEST:CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map Exhibit “B” – Statement of Planning Objectives Site Exhibit “C” –Site Plan Site Exhibit “D” – Pavilion Exhibit Exhibit “E” – Open Rail Fence Exhibit Site City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5b Agenda Date 02/07/2012 Number Ordinance O-12-1823 Type Ordinance Department Community Development Title Approval of amendments to the Future Land Use map of the Colleyville Master Plan for Lots 1A and 2, Block 1, of the Wildwood Estates Addition, from a Single Family Land Use Designation to an Institutional Land Use Designation Explanation First Reading and Public Hearing This item serves as a companion item to agenda item 5a (Ordinance O-12-1822), Zoning Case ZC11-027: Approval of a request to rezone 4.8 acres from RE-Single Family 'Estate' Residential to PUD-C-Planned Unit Development Commercial on Lots 1A and 2, Block 1, of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case ZC11-027. Section 211.004 of the Local Government Code requires that property be zoned in accordance with a comprehensive plan. The request described above is currently designated for single family uses on the future land use plan in the Master Plan. The request for an athletic field, covered pavilion, a basketball court, and parking spaces qualifies as an institutional use for the purposes of the future land use plan. Therefore, the request does not comply with the future land use plan. As such, in accordance with Section 211.004 of the Texas Local Government Code, the future land use map must be amended. The City Council approved amendments to the future land use plan at the June 15, 2010 meeting to account for previous zoning changes and to correct minor discrepancies. At that meeting, staff informed the City Council that any future zoning requests, that propose a land use that is not consistent with the future land use map, would also contain a companion future land use plan amendment. Financial Impact There is no financial impact to the City. Recommendation The following are City Council's options regarding this agenda item: If City Council approves agenda item 5a, Ordinance O-12-1822, case ZC11-027, then City Council Agenda Briefing 5b City of Colleyville Page 2 this Ordinance O-12-1825 must be approved. If City Council denies agenda item 5a, Ordinance O-12-1822, case ZC11-027, then this Ordinance O-12-1825 must be denied. Attachments 1.Exhibit "A" 2.Ordinance O-12-1823 Exhibit “A” Lots 1A and 2, Block 1, Wildwood Estates Addition From: Single Family Use To: Institutional Use ORDINANCE O-12-1823 AN ORDINANCE AMENDING ORDINANCE O-10-1753 BY AMENDING THE FUTURE LAND USE PLAN SPECIFICALLY FOR LOTS 1A AND 2, BLOCK 1, WILDWOOD ESTATES ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance O-04-1483 adopting the 2004-2025 Colleyville Master Plan on October 19, 2004; and WHEREAS, the City Council approved a new Future Land Use Plan under Ordinance O-10-1753 on June 15, 2010; and WHEREAS, the City Council of the City of Colleyville desires to update the Future Land Use Plan in order to maintain consistency with approved land uses upon a rezoning of property to a new land use. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Ordinance O-10-1753 is hereby amended by amending the Future Land Use Plan specifically for Lots 1A and 2, Block 1, Wildwood Estates Addition, from a single family land use to an institutional land use as depicted on Exhibit “A”. Sec. 2. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the __________ day of _________________________ 2012. The second reading and public hearing being conducted on the __________ day of _________________________ 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor Ordinance O-12-1823 Page 2 of 2 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” Lots 1A and 2, Block 1, Wildwood Estates Addition From: Single Family Use To: Institutional Use City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5c Agenda Date 02/07/2012 Number Ordinance O-12-1824 Type Ordinance Department Community Development Title Approval of a request to amend the Special Use Permit to allow for outside vehicle sales on Lot 1R, Block 1, of the Nystel Addition, located at 1815 John McCain Road, Case ZC11-028 Explanation First Reading and Public Hearing Andrew Gardner, owner of A & L Imports, Inc., submitted a request to amend attached Ordinance O-04-1472 to include outside vehicle sales on approximately 1.2 acres, located at 1815 John McCain Road. The applicant states that his business model has changed, since he applied for the Special Use Permit in 2004, to include outside vehicle sales in addition to the wholesaling of automobiles. The applicant states that the vehicles are parked on the lot for sale during the day and then moved inside at closing time. Existing Zoning. The original Ordinance O-04-1472 was approved by City Council on August 4, 2004. This ordinance authorized a Special Use Permit for vehicle storage inside the existing 12,000 square foot building, in conjunction with the underlying ML- Light Manufacturing zoning district. The ordinance does not explicitly allow vehicle sales, and it also restricts outside vehicle sales. Proposed Ordinance Amendment. City staff informed the applicant that outside vehicle sales are prohibited by Ordinance O-04-1472, and that approval for outside sales must be obtained through an amendment to the ordinance in order for the business to be in compliance. Therefore, the applicant is seeking to amend the existing ordinance to include outside vehicle sales. Staff has also added a specific provision to the proposed ordinance approving vehicle sales on the subject property. Ordinance O-04-1472 only allows vehicle storage on the subject property, but implies that vehicle sales are allowed by requiring that "all vehicles for sale shall be stored inside the building". This would clearly authorize vehicle sales as well as storage on the subject property. Staff has also added the following language to the proposed ordinance consistent with all recent Special Use Permit approvals: "This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in City Council Agenda Briefing 5c City of Colleyville Page 2 ownership or upon the expiration or termination of the Certificate of Occupancy." Master Plan. The Colleyville Master Plan designates the subject property for retail uses. The request is generally consistent with the Master Plan provided a Special Use Permit is approved by the City Council. Surrounding Properties. The property to the north is zoned R20-Single Family Residential and is developed as single family residential. The property to the east is zoned ML-Light Manufacturing and is undeveloped, but being used for storage. The property to the west is zoned ML-Light Manufacturing and is developed as Professional Sales RV. The property to the south is zoned CC2-Shopping Center and is undeveloped. Public Notification. Staff mailed notices to 12 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received 26 letters of opposition to this request. Of the 26 letters received, there are four within the notification area. One person spoke in opposition during the Planning and Zoning Commission meeting on January 9, 2012, within the 200 foot notification area. There were five other persons who did not speak but wished to register their opposition to the request as well. One of those persons is within the 200 foot notification area. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the January 9, 2012 meeting by a vote of 5-1 with the following conditions: 1. There shall be no overnight parking of inventory. 2. There shall be no additional signage on the subject property. 3. Delivery trucks shall not idle or have lights on after business hours. Summary. The request by the applicant is generally consistent with the Colleyville Master Plan as it relates to retail sales for vehicle accessories provided a Special Use Permit is approved by the City Council. However, the City does not receive any sales tax on the sale of motor vehicles. Outdoor storage and display of equipment is permitted in the ML-Light Manufacturing zoning district. The proposed use is consistent with the other commercial uses in the immediate area. Financial Impact There is no financial impact to the City. Recommendation Approval with the following conditions: City Council Agenda Briefing 5c City of Colleyville Page 3 1. Section 1(a) of Ordinance O-04-1472, is hereby amended to include outside vehicle sales. 2. Vehicle sales are hereby permitted by this Special Use Permit amendment. 3. There shall be no overnight parking of inventory. 4. There shall be no additional signage on the subject property. 5. Delivery trucks shall not idle or have lights on after business hours. 6. This Special Use Permit amendment and Ordinance O-04-1472 shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. 7. All requirements of the Land Development Code shall be met, except where amended herein. Attachments 1.Location and Zoning Map 2.Notification List 3.Buffer Map 4.Letters of Opposition 5.Aerial 6.Statement of Planning Objectives 7.Photos Provided by Applicant 8.Ordinance O-04-1472 9.Ordinance O-12-1824 Location and Zoning Map CC2 ML ML PUDR AG PUDR OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Blake, Tim W Etux Susan M 7203 Brooke Dr Colleyville TX 76034 007203 Brooke Dr Whitaker, M C Etux Anna 7204 Maranatha Ct Colleyville TX 76034 007204 Maranatha Ct Turner, C Allen 1908 John McCain Rd Colleyville TX 76034 001908 John McCain Rd Aghaalian, Mojtaba Etux Najafi 1813 Prince Meadow Dr Colleyville TX 76034 001813 Prince Meadow Dr Dees, John Etux Vilma 7200 Maranatha Ct Colleyville TX 76034 007200 Maranatha Ct Timarron Owners Assn Inc 700 Wentwood Dr Southlake TX 76092 001808 John McCain Rd Nelson, Arnold E & Joyce A 5800 Hunter Trl Colleyville TX 76034 001809 John McCain Rd Maverick Drywall & Insulation 1901 John McCain Rd Ste A Colleyville TX 76034 001821 John McCain Rd Maverick Drywall & Insulation 1901 John McCain Rd Ste A Colleyville TX 76034 001901 John McCain Rd Pecan Creek Village Cntr Prtn 5613 Dtc Pkwy Ste 800 Greenwood Village CO 80111 007000 Colleyville Blvd Chesapeake Land Dev Co Llc 6100 N Western Ave Oklahoma City OK 73118 006912 Colleyville Blvd Gardner, Andrew, applicant 1815 John McCain Rd Colleyville TX 76034 001815 John McCain Rd Public hearing notices were mailed on Thursday, December 22, 2011 by Amy Shelley. Notification List Buffer Map _ From: Mary Huffman Sent: Thursday, January 05, 2012 3;53 PM To: Amy Shelley Subject: P&Z Meeting I would like to make it be known that I am opposed to the upcoming request for zoning change at 1815 John McCain Road in Colleyville. I feel this area is already too commercial for its location near many high-end residences. In fact, my hope is that someday the commercialism of the area will be greatly reduced and the beauty of the area enhanced. Right now the general area of the three commercial properties at the end of John McCain is an embarrassment to we residents who have to drive by it multiple times every day. I feel that if the proposed zoning change is approved, the car dealership will likely increase its volume, thereby increasing the number of times vehicle transports make deliveries. Right now, when these deliveries are made, John McCain traffic is blocked. Again, this is inappropriate for a two lane residential street. In addition, I fear that the typical less-than-appealing signage and other paraphernalia that typically goes along with automotive dealerships could start being displayed at that site and that too is inappropriate for the area. Thank you, Mary Huffman 7309 Trianon ct. Colleyville 1 -------------_._ .•.._._---------­..... Letters of Opposition Amy Shelley Subject: FW: P & Z Meeting From: Laura DiCaro Sent: Thursday, January 05, 2012 9:13 PM To: Amy Shelley Subject: P &Z Meeting Please evaluate carefully the upcoming request for zoning change at 1815 John McCain Road in Colleyville. This is primarily a residential area on a high traffic two lane road. When vehicles are delivered currently, traffic quickly stacks up. I fear the zoning change will allow the car dealership to carry more vehicles and thereby create more traffic difficulties. The dealership would be better suited for Highway 26 where there are many vacant properties. For this reason, I encourage you to vote NO to this request for zoning change. Thank you, Laura DiCaro 7006 Orchard Hill Ct. Colleyville 1 Amy Shelley Subject: FW: Zoning-John McCain rd. From: Christine Gottfredson Sent: Thursdayj January eS j 2e12 9:eS PM To: Amy Shelley Subject: Zoning-John McCain rd. I would like to voice my concern about changing the zoning for the car dealership on john McCain. I am opposed to it as it is already too commercial and needs to be moved out onto hwy 26 to have better access for their delivery trucks as it is. If they get approval they will expand and make it even more inappropriate for the area. Before you change any zoning on John McCain you need to fix the current traffic problem by finally putting in the rotary at pleasant run and john McCain. Chris Gottfredson Sent from my iPhone 1 Amy Shelley Subject: FW: P&Z Meeting From: Gottfredson, Mark Sent: Thursday, January OS, 2012 5:38 PM To: Amy Shelley Subject: P&Z Meeting I would like to make it be known that I am opposed to the upcoming request for zoning change at 1815 John McCain Road in Colleyville. While I feel certain the commercial zoning for the area was made at a time when the area was mostly rural, the nice residential neighborhoods that have grown up around John McCain have become an asset to the city. The commercial properties are an embarrassment, and not really appropriate any longer to the character of the neighborhoods. Allowing this dealership to display vehicles outside would be pointless and further degrade the neighborhood and home values. In addition, it would likely add traffic to an already overburdened road. Mark Gottfredson 7321 Trianon Ct. Colleyville, TX 76034 Mark Gottfredson Partner Bain & Company, Inc. I 5215 N. O'Connor Blvd., Ste. 500 I Irving, TX 75039 I USA tel: (1) 972 869 7910 fax: (1) 972 869 7915 1 Amy Shelley Subject: FW: Input for Planning and Zoning Meeting From: Barb Bradshaw Sent: Friday, January 06, 2012 4:39 PM To: Amy Shelley Subject: Input for Planning and Zoning Meeting Planning and Zoning Meeting on Monday, January 9, 2012 RE: Case ZC11-028 I oppose granting a special use permit to allow for outside vehicle sales on Lot 1 R, Block 1 of the Nystel addition located at 1815 John McCain Road in Colleyville. The zoning change would adversely affect the neighboring residences located across the street and in the next blocks of John McCain. My reasons for opposing the special use permit are as follows: Increased traffiC on an already very busy neighborhood street that is currently utilized by many bicyclists, joggers, and walkers; Increased "junkiness" of the existing car lots will be inevitable if outside sales are allowed; Beautiful, well-maintained neighborhoods are not compatible with car sales within the same block; Thank you for the opportunity to express my opinion. Barbara Bradshaw 7316 Trianon Court Colleyville, TX 1 Amy Shelley Subject: FW: Zoning change at 1815 John McCain Roadl P&Z Meeting Importance: High From: Tomas Bradshaw Sent: Saturday, January 07, 20128:09 AM To: Amy Shelley Subject: Zoning change at 1815 John McCain Road/ P&Z Meeting Importance: High I would like to make it be known that I am opposed to the upcoming request for zoning change at 1815 John McCain Road in Colleyville. I feel this area is already too commercial for its location near many residences and a biking and jogging trail. I hope that someday the commercialism of the area will be eliminated and beauty of the area be restored to a green space or a park. Right now it is the general area of the three commercial properties at the end of John McCain. The entire area is an eyesore and can be a traffic hazard to residents who have to drive by it numerous times every day. I feel that if the proposed zoning change is approved, the car dealership will likely increase its volume, thereby increasing the number oftimes vehicle transports make deliveries. Right now, when these deliveries are made, John McCain traffic is blocked. Again, this is inappropriate for a narrow two lane residential street. It backs up traffic on a predominantly residential street and can impede not only the normal heavy traffic but also emergency vehicles that need to pass through that area. Signage and eventually other paraphernalia that typically goes along with automotive dealerships could start being displayed at that site and that is unacceptable for the area. These firms should be required to landscape their areas more appropriately for a residential street and not be allowed to increase their commercial footprint that will inevitably reduce the value of surrounding residential property. Is the next variance request for this commercial area going to be for a sports bar and a sex shop? Since many automobiles are delivered outside the area in which they are sold through internet contacts with no tax benefit to the local city or even the state, I would like to request that the city advise me ofthe amount of tax revenue this facility brings to the City of Colleyville. I doubt seriously that it is a fraction of the cost that the residences in the area pay in property taxes along John McCain that are forced to use this road. As stated above I am against any change expanding the code to allow this firm to sell automobiles off this lot in the open or at all for that matter. Any promised increase in taxes would likely be offset by reduction in home property values in the area. Further, if this provision is approved by the city, both the city and the facility can likely expect protracted litigation from numerous homeowner groups in the area. If this facility wants to grow their business, there is ample opportunity to purchase appropriate real estate along highway 26 or other areas in Colleyville and not threaten the home values of hard working homeowners or further exacerbate the current the traffic conditions along John McCain. Thank you, Tom Bradshaw 7316 Trianon Court Colleyville, TX 1 From: Louise Rosenfeld Sent: Thursday, January 19/ 2012 1:38 PM To: Amy Shelley Subject: opposed to proposed zoning change on McCain To: Amy Shelley, Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more stricly. Sincerely, Louise Rosenfeld 7215 Brooke Drive (Cascades of Timarron) Colleyville, TX 76034 817 -310-5818 1 From: Mark & Josie Allen Sent: Tuesday, January 24, 2012 4:48 PM To: Amy Shelley Subject: Proposed zoning change on John McCain Ms. Shelley/City of Colleyville ­ I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a single­ lane road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. Additional commercial traffic on this road is not what any local residents would want. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more strictly. Sincerely, Josie Allen 1804 Caspian Ln (Cascades of Timarron) Colleyville, TX 76034 817-416-0724 1 From: sent: Tuesday, January 24, 2012 4:38 PM To: Amy Shelley Subject: opposed to proposed zoning change on McCain (Car Dealership) Amy Shelley I Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more strictly. Sincerely, Susan Blake 7203 Brooke Drive (Cascades of Timarron) Colleyville, TX 76034 817-481-9435 1 From: Sent: Tuesday, January 24, 2012 4:37 PM To: Amy Shelley Subject: zoning change proposal To: Amy Shelley, Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more strictly. Sincerely, Tim Blake 7203 Brooke Drive (Cascades of Timarron) Colleyville, TX 76034 214-914-4305 1 From: Jeff Germany Sent: Tuesday, January 24, 2012 5:46 PM To: Amy Shelley Subject: Fwd: Zoning change in McCain Sent from my iPhone Begin forwarded message: From: Jeff Germany " ____ , _, ,'<:T Date: January 13,20123:48:40 PM CST To: "dkellv@colleyville.com" <dkelly@colleyyille.com>, "thart@colleyville.com" <thart(ii2colleyville.com>, "cwollin@colleyville.com" <cwollin(a),colleyyille.com>, "mmuhm@colleyyille.com" <mmuhm(a),colleyville.com>, "shall@colleyville.com" <shall@colleyville.com>, "mtaylor@colleyville.com" <mtaylor@colleyville.com> Subject: Zoning change in McCain I would like to express my concern with the considered zoning change for the car dealership on John McCain. We have too many unknown variables to allow this change and too many consequences to those traveling on or living near the dealership to allow it. My understanding is the dealership was caught violating the existing zoning requirements. In order to continue their violating practices, they have requested a modification to bring them in compliance. Why would this behavior be rewarded at the sacrifice of citizens? Regardless of the history, it would be a poor decision to allow additional business or delivery of cars on this already congested road. Please deny this request. Thank you, Jeff Germany Sent from my iPhone From: KENNETH ONEILL Sent: Tuesday, January 24, 2012 5:35 PM To: Amy Shelley Subject: Zoning change John McCain To: Amy Shelley, Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more strictly. Sent from my iPad Kenneth ONeill 7484 Balmoral dr Colleyville, Tx 76834 1 From: Christopher Derganc _ Sent: Wednesday, January 25,20124:41 AM To: Amy Shelley Subject: Zoning Change for Property on John McCain Road near Route 26 Ms. Shelley, We are opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. John McCain Road is a heavily travelled artery and frequently congested. The car carriers entering and leaving the property in question not only add to this congestion but pose a hazard to passenger traffic, particularly during the morning/evening rush hours and the periods when school buses pick up and discharge children. Frankly, this area is predominantly residential and, although we understand at least some of the commercial properties along this section of John McCain are subject to zoning grandfathering, the activities of the business located there should be limited to those that do not pose a threat to public safety. Therefore, we urge City Council to not only deny this request for a zoning change, but also to ensure that existing zoning regulations are strictly enforced. Thank you for your consideration. Very truly yours, Christopher and Heather Derganc 1013 Paul's Path Colleyville, TX 76034 1 , c From: Urmesh Shah Sent: Tuesday, January 24,20129:56 PM To: Amy Shelley Subject: zoning I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. It is too close to residential areas and will increase traffic on a road that already possesses numerous traffic issues. Thank you, Urmesh Shah 7305 Braemar Terrace 1 From: Maitry Shah' . Sent: Tuesday, January 24,20127:23 PM To: Amy Shelley Subject: OPPOSED to proposed zoning change on McCain To: Amy Shelley, Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more strictly. Sincerely, Maitry Shah 7305 Braemar Terrace Colleyville, TX 76034 1 --------_._------_._---------------­ .. ~---------..... From: George Dodson Sent: Tuesday, January 24,20126:20 PM To: Amy Shelley Subject: I and my wife object to the John McCain zoning change We oppose the car dealership zoning changel This company has caused significant delays and damage to pipes and grass along the Timarron Cascades frontage! This company should not be allowed to set up a bigger problem for the homeowners who live along John McCain road! George Dodson 7309 Balmoral Dr. Colleyville Sent from my iPhone 1 '------------------'''-­ 7 7 From: Jane H. Wroble r 7 Sent: Tuesday, January 24,20126:39 PM To: Amy Shelley Subject: Opposition to Proposed Zoning Change at John McCain Amy Shelley, Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Highway 26. Those who depend on that intersection for access to Highway 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. I urge City Council not only to deny the request for a zoning change, but to more strictly enforce existing zoning. Sincerely, Jane Wroble 7204 Balmoral Drive (Cascades of Timarron) Colleyville, TX 76034 (817)416-9352 1 From: Mona Patel. Sent: Tuesday, January 24,20126:17 PM To: Amy Shelley Subject: Opposition to zoning change on John McCain Road To: Amy Shelley, Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. The existing zoning rules are just fine. Any changes to the dealership zoning will have a negative impact on all the residential neighborhoods in this area. And hence a lower tax revenue base for the city. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more strictly. Sincerely, Mona Patel 1701 Prince Meadow Drive Colleyville, TX 76034 1 5 From: j.mike stanton Sent: Tuesday, January 24, 20126:00 PM To: Amy Shelley To: Amy Shelley, Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more stricly. Sincerely v v.]. lvf ik0StCU'tt011.1 2220 petfh, Tx/7603 1 From: ketan patel! . . . Sent: Tuesday, January 24,20126:16 PM To: Amy Shelley Subject: Opposition to zoning change on John McCain Road To: Amy Shelley, Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. The existing zoning rules are just fine. Any changes to the dealership zoning will have a negative impact on all the residential neighborhoods in this area. And hence a lower tax revenue base for the city. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more strictly. Sincerely, Ketan Patel 1701 Prince Meadow Drive Colleyville, TX 76034 Reach for the stars 111 1 Amy Shelley From: Mustafa and Smita Suterwala Sent: Wednesday, January 25,20129:04 AM To: Amy Shelley Subject: zoning change Amy Shelley, Development Coordinator, City of Colleyville We am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. We urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more stricly. Sincerely, Mustafa and Smita Suterwala 1 , 5 From: Robert Adkins ! , / _, Sent: Wednesday, January 25, 2012 11 :56 AM To: Amy Shelley; Ballpark200 Subject: Opposing John-McCain/near 26 Zoning Proposal Shelley, Please pass this to the Colleyville Council. I am adamantly oppose to the proposal to change zoning on John-McCain (near 26). This area was grandfathered from years gone by and has blossomed into a residential area. This should in today's standards not be an imported car shop/nor mobile home(RV) center, but it is and we are fine as it is. I would like to add, if the RV lot grows to add with what they are doing, there is very little traffic for any of the businesses and it's not perfect for us, but understand small volumes of people. The proposed issue adds to what we know. We know these businesses have brought theft into our area as well. (please check the Colleyville police reports inside and around these businesses.). Adding additional traffic for automobile sales lots will congest an already congested residential area, by bringing in 'outsiders'. This in-turn feeds the issue above, crime coming from those people outside of our residential area loitering/driving through and around residential areas of Colleyville. Colleyville has always held high standards with real estate developers in hopes of NOT becoming a non-zoned 'Houston' (Houston does not zone anything.) Colleyville also attracts higher end developers due to higher standards. If you are looking for business development, the automobile sales lots (even if smaller than the mega-lots), should be on a commercial street such as 26/Colleyville Boulevard. The companies having 26 frontage is in a better location with more drive by traffic(which is good for demographics). These automobile sales companies, with a nice profit margin, can also support automobile sales real estate and increase all commercial lots in Colleyville. Further, if they relocated elsewhere, by moving into Colleyville zoned for these requests, it's easier for patrol units to monitor. To allow this zoning makes no logical sense for the Colleyville community and all of the families which would have to put up with traffic and crime near their bedrooms and residential streets. The lots are not positioned for a car lot, but we are certainly fine with what is grandfathered. If the RV group expands, we are fine with that too. This lot is not build for large groups of people .•.whether it's automobile sales or any group gathering. With these points, I humbly request you do not allow the rezoning to happen. Please vote NO to the zoning change. Very Sincerely, Bobby Adkins Jr. 18e5 Thames Trail Colleyville, Texas 76e34 1 Amy Shelley From: MARK LIVINGSTON Sent: Wednesday, January 25, 2U1LIL.U" rm To: Amy Shelley Cc: MARK LIVINGSTON; MARK LIVINGSTON Subject: Zoning Change To: Amy Shelley, Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more stricly. Sincerely, Mark & Becky Livingston 7210 Brooke Drive (Cascades of Timarron) Colleyville, 1)( 76034 817 -488-2890 1 Amy Shelley From: Ann McGowan Sent: Wednesday, January 25,2012 12:09 PM To: Amy Shelley Subject: Zoning change John McCain Rd To: Amy Shelley, Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. These car carriers have damaged our entranceway and are way too big for the narrow road. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more stricly. Sincerely, Ann and Bob McGowan 7316 Balmoral Drive Colleyville, TX 1 Awad Eskander 1112 John McCain Rd Colleyville, TX 76034 (817) 329-3609 (800) 948-0803 Fax January 25, 2012 To: Ms. Amy Shelley Development Coordinator City of Colleyville Re: Proposed zoning change at 1815 John McCain Road Dear Amy, I am writing on behalf of my wife Pheby and myself. I would like to record my opposition to the proposed zoning change at 1815 John McCain Road in Colleyville. As a professional architect and planner, who happen to live on John McCain Road, I have always wondered about the presence of this commercial property on this road. I feel that this commercial area near Highway 26 does not belong here. It creates a traffic problem on our two-lane street and takes away from the neighborhood and the quality of residential homes around the area. Our hope is that someday this commercial area will be greatly reduced or moved away somewhere else the land is used for more suitable residential uses. The large size 18-wheel delivery trucks going in and out ofthis property number oftimes every day is blocking the traffic and causing delay on John McCain Rd. We voted and elected our City Council members to protect the City and neighborhoods. We are calling on Council members at this time to take a firm stand in favor of the residence of John McCain Rd and to please protect our interest and disapprove this zoning change. Respectfully, ~~ Awad Eskander, AlA cc: File Amy Shelley From: Sam Sent: Wednesday, January 25, 2612 6:41 PM To: Amy Shelley To: Amy Shelley, Development Coordinator, City of Colleyville I am opposed to the zoning change proposed for the property on John McCain Road near the intersection with Route 26. Those who depend on that intersection for access to Route 26 already face more challenges than is appropriate for a road that leads to and from so many residential areas. We already wait for car carriers trying to turn left into the property in question, causing safety concerns during the morning and evening rush hours, as well as for school buses. I urge City Council to not only deny this request for a zoning change, but also to see to it that existing zoning is enforced more stricly. Sincerely, Samir Khalil 1809 Thames TRAIL (Cascades of Timarron) Colleyville, TX 76034 817 -896 9693 1 Aerial 1815 A & L IMPORTS, INC. MERCEDES BENZ • LExus • PORSCHE • BMW 1815 JOHN McCAIN ROAD www.AandLimports.com OFFICE 817 472-5165 FAX 817421-3711COLLEYVILLE, TEXAS 76034 December 9, 2011 Planning & Zoning Department 100 Main Street Colleyville, TX 76034 To Whom It Mav Concern: J I am applying for an amendment to my current Special Use Permit at the request of the Community Development Department. We have been operating at the current location since my permit was issued in July 2004. At that time a majority of our business was wholesale, and we did very little retail business to the public. Since then, our business model has changed and we are retailing most of the vehicles that we have on hand. The economic tum in 2008 forced us to begin retailing, as well as wholesaling automobiles. We have been parking cars on the parking lot for sale during the day and moving them inside at closing time. It has been brought to my attention by the Community Development Department that we should apply for an amendment to our Special Use Permit to allow us to park cars outside. We have been in good standing with the city and have received no complaints in the past. Our inventory is made up of late model cars and trucks, and we specialize in low mileage, pristine vehicles. When I originally came before the Planning & Zoning Committee, I was asked if we would be bringing any sales tax revenue to the city of Colleyville. At the time, my answer was no. Since our business has changed, we have collected $467,145.09 in sales tax revenue and registration fees since moving to this location nearly seven years ago. Allowing us to park cars outside helps bring retail traffic into our location. We employ seven full-time employees and we do business with as many as one hundred different vendors in the industry. I ask that you grant the amendment to our Special Use Permit to allow outside parking of vehicles for sale. We look forward to continuing our business here in Colleyville. Statement of Planning Objectives P h o t o s P r o v i d e d b y A p p l i c a n t , I , " •••::>:e­ -•a o o•..•o, •o o• .. t-t l 0 .... !B .~ ·0 .. t1 .e+ .(I)c ..•...... tJ .n••:til ORDINANCE O-12-1824 AN ORDINANCE AMENDING ORDINANCE O-04-1472 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; AUTHORIZING A SPECIAL USE PERMIT FOR OUTSIDE VEHICLE SALES ON LOT 1R, BLOCK 1, NYSTEL ADDITION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance O-04-1472 on August 4, 2004, to establish the a Special Use Permit on Lot 1R, Block 1, of the Nystel Addition; and WHEREAS, the City of Colleyville has received a request for an amendment to Ordinance O-04-1472, under Case ZC11-028; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS,the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the Ordinance O-12-1824 Page 2 of 3 property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, is hereby amended by amending Ordinance O-04-1472 conditions on Lot 1, Block 1, of the Nystel Addition as depicted on the attached Exhibit “A”. Sec. 3.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a.Section 1(a) of Ordinance O-04-1472, is hereby amended to include outside vehicle sales. b.Vehicle sales are hereby permitted by this Special Use Permit amendment. c.There shall be no overnight parking of inventory. d.There shall be no additional signage on the subject property. e.Delivery trucks shall not idle or have on lights after business hours. f.This Special Use Permit amendment and Ordinance O-04-1472 shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. g.All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 5.THAT any person, firm or corporation violating any of the provisions or Ordinance O-12-1824 Page 3 of 3 terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8.THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 9.THAT Ordinance O-04-1472 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the _________ day of _________________________ 2012. The second reading and public hearing being conducted on the _________ day of _________________________ 2012. ATTEST:CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map Site City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5d Agenda Date 02/07/2012 Number Ordinance O-12-1825 Type Ordinance Department Community Development Title Approval of a request for a Special Use Permit for on-premise consumption of alcoholic beverages on Lot 1A, Block 1, of the Applebees Addition, located at 5150 Colleyville Boulevard, Case ZC12-004 Explanation First Reading and Public Hearing The applicant has submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption at 5150 Colleyville Boulevard. The subject property is zoned CC1-Village Retail and is developed as a vacant restaurant. Alcoholic beverage sales for on-premise consumption are allowed in the CC1-Village Retail zoning district with the approval of an SUP. Existing Conditions. The subject property currently contains a 4,759 square foot building that was formerly Applebee's, Café 26, and Village Café. The former Applebee's restaurant was granted an SUP for on-premise consumption of alcoholic beverages on July 1, 1997 by Ordinance O-97-1074. However, since the Applebee's is no longer in business, that SUP has expired. Proposed Restaurant. The applicant is proposing to open a new restaurant named The Londoner. The applicant is in the planning stages of remodeling the restaurant and is planning an 845 square foot addition to the north portion of the building. The proposed site plan, floor plan, and the economic development information have been attached to this agenda briefing. Parking. The Land Development Code requires one parking space per 100 square feet of gross floor area for a restaurant use. Given the proposed 845 square foot addition, the applicant is required to have 56 parking spaces and currently 77 parking spaces exist. Therefore, the applicant meets the requirements of the Land Development Code. Landscaping. Staff recommends that all landscaping on the site meet the requirements of Chapter 4-Landscaping and Buffering in the Land Development Code prior to the issuance of the certificate of occupancy. This provision has been added to the proposed ordinance. City Council Agenda Briefing 5d City of Colleyville Page 2 Building Design. The original design score for the building, as determined in 1997, contains a score of 31. Given the recent amendments to Chapter 6 - Building Design of the Land Development Code, the current design score is a 26, as determined by staff. Staff recommends that the building meet a design score of 30 prior to the issuance of a Certificate of Occupancy. This provision has been added to the proposed ordinance. The proposed building elevations have been attached to this agenda briefing. On-Premise Consumption. The proposed SUP would authorize the sale of alcoholic beverages for on-premise consumption. The proposed hours of operation are Monday through Sunday, 11:00 a.m. to 2:00 a.m. Distance Requirements. The Colleyville City Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet away from a church, school, or public hospital. The distance is measured from property line to property line for schools, and from front door to front door along the street front property lines for churches and hospitals. The property is in compliance with this requirement. Master Plan. The Colleyville Master Plan designates the future use of this area for retail and commercial land uses. This request is consistent with the goals and objectives of the Master Plan. Surrounding Development Trends. The properties to the north are zoned PUD-C- Planned Unit Development Commercial and are developed as the Village at Colleyville. The properties to the west are zoned PUD-C-Planned Unit Development Commercial and developed as the Village at Colleyville; and are zoned AG-Agricultural and developed as a single family residence. The property to the south is zoned CC1-Village Retail and is developed as a bank. The properties to the east are zoned PUD-C- Planned Unit Development Commercial and CC1-Village Retail and consist of a retail and office uses. Public Notification. Staff mailed notices to 125 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the January 23, 2012 meeting by a vote of 5-0. Summary. The proposed SUP would authorize the sale of alcoholic beverages for on- premise consumption. The restaurant will be required to meet the 60 percent food versus 40 percent maximum alcohol sales requirement in the Code of Ordinances. The request is consistent with the requirements of the Colleyville Master Plan. The property satisfies the distance requirements to churches, schools, and public hospitals. City Council Agenda Briefing 5d City of Colleyville Page 3 Financial Impact There is no financial impact to the City. Recommendation Approval with the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called “The Londoner”. c. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 30 prior to the issuance of the Certificate of Occupancy for the restaurant and shall be generally consistent with Exhibit “C”. d. The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. 2. HOURS OF OPERATION a. The hours of operation shall be as follows: Monday - Sunday: 11:00 a.m. - 2:00 a.m. 3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4- Landscaping and Buffering in the Land Development Code prior to the issuance of the certificate of occupancy. b. All requirements of the Land Development Code shall be met, except where amended herein. Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Aerial 5. Statement of Planning Objectives 6. Economic Development 7. Site Plan 8. Floor Plan 9. Building Elevations City Council Agenda Briefing 5d City of Colleyville Page 4 10. Ordinance O-97-1074 11. Ordinance O-12-1825 Location and Zoning Map CC1 CC1 CC1 PUDC PUDC AG R20 OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Winchester, Natalie 10300 Morado Cv Apt 701 Austin TX 78759 000032 Veranda Ln # 110 Silveroak Land Company Lp 6308 Westcoat Dr Colleyville TX 76034 000034 Veranda Ln # 210 Colleyville, City Of 100 Main St Colleyville TX 76034 005209 Colleyville Blvd Colleyville, City Of 100 Main St Colleyville TX 76034 000053 Veranda Ln Hennessey Partners Ltd 1205 Hall Johnson Rd Ste 9 Colleyville TX 76034 000062 Main St Isbell, Steve E Etux Kristi 5112 Oak Timbers Ct Colleyville TX 76034 005112 Oak Timbers Ct Colleyville Terrace Salon & Da 5201 Collyville Blvd Colleyville TX 76034 005201 Colleyville Blvd G & B Property Mgt Group Lp 75 Main St Ste 100 Colleyville TX 76034 000075 Main St#28 110 G & B Property Mgt Group Lp 75 Main St Ste 100 Colleyville TX 76034 000075 Main St #28 210 Paradigm Group Prtnshp III 733 Creekview Ln Colleyville TX 76034 000055 Main St Paradigm Group Prtnshp III 733 Creekview Ln Colleyville TX 76034 000055 Main St Paradigm Group Prtnshp III 733 Creekview Ln Colleyville TX 76034 000055 Main St Paradigm Group Prtnshp III 733 Creekview Ln Colleyville TX 76034 000055 Main St Owl's Nest Lp The 3403 Queensbury Way E Colleyville TX 76034 000085 Village Ln # 100 G & B Property Mgt Group Lp 75 Main St Ste 100 Colleyville TX 76034 000088 Village Ln #28 410 Atwood, Steve Etux Dawn 34 Piazza Ln # 37 Colleyville TX 76034 000034 Piazza Ln # 37 Colleyville, City Of 100 Main St Colleyville TX 76034 000050 Piazza Ln Meier, Carolyn Jane 46 Piazza Ln Colleyville TX 76034 000046 Piazza Ln #36 110 Gibson, Norman C Etux Doris A 113 Timberline Dr S Colleyville TX 76034 005117 Colleyville Blvd Bojku, Afrim 5309 Collyville Blvd Colleyville TX 76034 005150 Colleyville Blvd G & B Property Mgt Group Lp 75 Main St Ste 100 Colleyville TX 76034 000088 Village Ln #28 510 G & B Property Mgt Group Lp 75 Main St Ste 100 Colleyville TX 76034 000088 Village Ln # 28 610 Mitcham, Carl D & Brian C PO Box 983 Colleyville TX 76034 005121 Thompson Terr Quake Enterprises Llc 85 Village Ln Ste 150 Colleyville TX 76034 000085 Village Ln Swigart, William A 5104 Oak Timbers Ct Colleyville TX 76034 005104 Oak Timbers Ct New, Joe Etux Sharon 61 Piazza Ln Colleyville TX 76034 000061 Piazza Ln # 510 Dunagan, Ketrina Etvir Patrick 57 Piazza Ln # 310 Colleyville TX 76034 000057 Piazza Ln # 310 Limberg, Patricia & J Gilbert 37 Piazza Ln Colleyville TX 76034 000037 Piazza Ln Seeley, Gerald D 35 Piazza Ln Colleyville TX 76034 000035 Piazza Ln #38 110 Piazza Partners Llc 77 Piazza Ln Colleyville TX 76034 000085 Piazza Ln Fadden, Mark & Jennifer 825 Regina Ct Colleyville TX 76034 000059 Piazza Ln # 410 Piazza Partners Llc 77 Piazza Ln Colleyville TX 76034 000085 Piazza Ln Piazza Partners Llc 77 Piazza Ln Colleyville TX 76034 000085 Piazza Ln Pleasant Run Holdings Llc 5115 Collyville Blvd Colleyville TX 76034 005115 Colleyville Blvd McNosky, Anthony T 5108 Pleasant Run Rd Colleyville TX 76034 005108 Pleasant Run Rd Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 005101 Colleyville Blvd Gulick, Cylde E & Nancy J 5100 Oak Timbers Ct Colleyville TX 76034 005100 Oak Timbers Ct Thompson Terrace Investment Lp 5017 Collyville Blvd Colleyville TX 76034 005104 Thompson Terr Colleyville, City Of 100 Main St Colleyville TX 76034 005100 Colleyville Blvd Thompson Terrace Investment Lp 5017 Collyville Blvd Colleyville TX 76034 005100 Thompson Terr Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 005025 Colleyville Blvd Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005025 Thompson Terr Corvette Property Leasing Lp 1908 Stratton Ct Colleyville TX 76034 005017 Colleyville Blvd Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005016 Thompson Terr Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005020 Thompson Terr Rcc Village Properties Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 005232 Colleyville Blvd Rcc Village Properties Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 005204 Colleyville Blvd Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000023 Mission Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000023 Mission Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000023 Mission Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000023 Mission Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000023 Mission Ln Village Managment Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000017 Main St Notification List Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000035 Veranda Ln # 310 Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000043 Veranda Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000035 Veranda Ln # 410 Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000047 Veranda Ln # 210 Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000047 Veranda Ln # 110 Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000063 Veranda Ln # 110 Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000063 Veranda Ln # 210 Village Monticello Prtns Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000014 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000026 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000026 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000026 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000026 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000026 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000034 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000034 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000034 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000034 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000042 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000058 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000018 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000020 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000023 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000023 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000023 Main St Morani Properties Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000033 Main St Morani Properties Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000033 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000043 Main St Morani Properties Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000033 Main St Morani Properties Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000033 Main St Kennedy, Gary & Michele Valdez 6231 Desco Dr Dallas TX 75225 000055 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000012 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000017 Main St Morani Properties Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000033 Main St Morani Properties Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000033 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000013 Main St Village Fine Homes Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000038 Piazza Ln#37 312 Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000042 Piazza Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000013 Main St Realty Capital Village #1 Lp 8333 Douglas Ave Ste 110 Dallas TX 75225 000085 Village Ln Lake, William D 6814 Tulip Ln Dallas TX 75230 000053 Piazza Ln # 110 Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000041 Piazza Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000036 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000051 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000047 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000051 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000051 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000037 Village Ln Beam Real Estate Llc 14455 Webb Chapel Rd Farmers Branch TX 75234 005200 Colleyville Blvd Rogers, J Andrew 201 Main St Ste 2500 Fort Worth TX 76102 000030 Piazza Ln Mitchell, Danny T & Margaret A 2814 Newcastle Dr Grapevine TX 76051 005108 Oak Timbers Ct Robbins, Philip Mark 212 Pheasant Run Highlands NC 28741 000055 Piazza Ln # 210 Jpmorgan Chase Bank -PO Box 2558 Houston TX 77252 005000 Colleyville Blvd Liberty Bank 860 Airport Fwy Ste 100 Hurst TX 76054 005201 Pleasant Run Rd Freed, Mickey PO Box 54833 Hurst TX 76054 005013 Colleyville Blvd Merced Partners Lp 911 Main St Ste 1500 Kansas City MO 64105 000062 Main St Sides, Joseph D 2911 Compton Rd Nashville TN 37215 005113 Thompson Terr Sides, Joseph D 2911 Compton Rd Nashville TN 37215 005117 Thompson Terr Sides, Joseph D 2911 Compton Rd Nashville TN 37215 005109 Thompson Terr Cocanougher Asset No 3 Llc 6851 NE Loop 820 Ste 110 N. Richland Hills TX 76180 005005 Colleyville Blvd Windmill Palm Family Lllp 1135 Terminal Way Ste 209 Reno NV 89502 000035 Veranda Ln # 110 Windmill Palm Family Lllp 1135 Terminal Way Ste 209 Reno NV 89502 000035 Veranda Ln # 210 Trent, Stephen Etux Joy 1233 Melissa Dr Roanoke TX 76262 005021 Thompson Terr Nguyen, Diem Thuy 510 Queensbury Turn Southlake TX 76092 000033 Main St Hov Re Llc 771 E Southlake Blvd Southlake TX 76092 000060 Village Ln # 110 Hov Re Llc 771 E Southlake Blvd Southlake TX 76092 000060 Village Ln # 210 Hov Re Llc 771 E Southlake Blvd Southlake TX 76092 000060 Village Ln # 310 Charlote Tate, applicant 2909 Thomas Ave. Dallas TX 75204 applicant Public hearing notices were mailed on Friday, Jan. 13, 2012 by Amy Shelley. Buffer Map Site Aerial Statement of Planning Objectives The Londoner Applicatio. Economic Development Estimated Estimated Estimated Yearly Estimated Monthly Sale s Yearly Sales AdValorum Yearly Sales (2012) (2012) Taxes (2012) (2013) Per Square $19.29 $231.43 $0.51 $308.57 Foot~ For entire $135,000 $1,620,000 $3,567.26 $2,160,000 store-7000 sq. ft. Basis for Ad Valorem Estirl1ate: Current Market Value of 5150 Colleyville Blvd. (by City of Colleyville) -$654,297 Improvement to building­$230,000 Personal Property­$120,000 Total value­$1,004,297 Site Plan 3 6 " S E E T H R U V E N T L E S S F . P . FPGA S VE N T E D EX I S T I N G W A L L S NE W D O O R S EX I S T I N G D O O R S T O R E M A I N O F6 Floor Plan Building Elevations ORDINANCE O-12-1825 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1A, BLOCK 1 OF THE APPLEBEE’S ADDITION, LOCATED AT 5150 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC12-004; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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 O-12-1825 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1A, Block 1 of the Applebee’s Addition, located at 5150 Colleyville Boulevard, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption, as depicted on Exhibit “A” and described in Exhibit “B”. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called “The Londoner”. c. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 30 prior to the issuance of the Certificate of Occupancy for the restaurant and shall be generally consistent with Exhibit “C”. d. The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. Ordinance O-12-1825 Page 3 of 4 2. HOURS OF OPERATION a. The hours of operation shall be as follows: Monday - Sunday: 11:00 a.m. - 2:00 a.m. 3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code prior to the issuance of the certificate of occupancy. b. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ______ day of _______________ 2012. The second reading and public hearing being conducted on the ______ day of _______________ 2012. Ordinance O-12-1825 Page 4 of 4 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” – Location and Zoning Map NORTH Exhibit “B” – Statement of Planning Objectives Exhibit “C” – Building Elevations City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 02/07/2012 Number Resolution R-11-3432 Type Resolution Department Community Development Title Approval of a perimeter street fee waiver request on Lot 1, Block 1, of the Maciley Addition located at 2800 Glade Road, Case GC11-006 Explanation Update At the January 17, 2012 City Council meeting, the City Council voted to continue this item to the February 7, 2012 City Council meeting. At the January 3, 2012 City Council meeting, the City Council voted to continue this item to the January 17, 2012 City Council meeting. At the December 6, 2011 City Council meeting, the City Council voted to continue this item to the January 3, 2012 City Council meeting. During the City Council discussion, additional information was requested on the development and the specifics of the use of the property as they relate to traffic generation. The continuation of this item allowed staff the time necessary to provide the requested information. Reading and Public Hearing John Staab is the property owner’s representative of the property located at 2800 Glade Road and is requesting a 100 percent refund, in the amount of $10,371.84 of the perimeter street improvement fees that were paid for Lot 1, Block 1 of the Maciley Addition. The applicant paid the amount for the perimeter street improvement fee on April 4, 2011. As part of the Development Review Committee (DRC) process, the applicant was made aware of the perimeter street improvement fees in March 2011, prior to consideration by the Planning and Zoning Commission for the Maciley Addition plat. The DRC memo is attached to this agenda briefing. On March 28, 2011, the Planning and Zoning Commission approved the minor plat of the Maciley Addition. The property has 149 feet of frontage on Highgrove Court and 370 feet of frontage along Glade Road. The perimeter street fee was assessed for the portion of the property with frontage along Glade Road as this portion of the property was previously unplatted and Glade Road, where it is adjacent to the subject property, does not currently meet minimum Land Development Code or Master Thoroughfare City Council Agenda Briefing 6a City of Colleyville Page 2 Plan standards for a minor arterial street. Perimeter street improvement fees are required upon approval of subdivision plats per Section 9.16 of the Land Development Code (attached). Perimeter street fees are calculated in accordance with Texas Local Government Code regulations that state infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by the City Engineer. The fee assessment is based on a number of factors including the ability to provide adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. The applicant asserts that they should not have been charged a perimeter street fee while also being assessed a roadway impact fee because, according to the applicant, they were assessed the full impact fee amount on the subject property. In fact, the City only assesses 29.4% of the total roadway impact fee for service area one, which equates to $2,187.00 for single family detached residential units. In Colleyville, perimeter street fees are paid by the developer prior to the actual filing of the final plat with the Tarrant County Clerk. Impact fees are paid by the builder upon issuance of the building permit. The roadway impact fees for the subject property were paid in the amount of $2,187.00 on April 22, 2011. In the case where a perimeter street fee exceeds a roadway impact fee on an undeveloped property proposed for development, the roadway impact fee is subtracted from the total perimeter street fee amount. Conversely, if a roadway impact fee exceeds a perimeter street fee, then no perimeter street fee is due for the property. In the case of the subject property, since the sub-total of the perimeter street fee ($12,558.84) exceeded the roadway impact fee amount ($2,187.00), the roadway impact fee was subtracted from the total fee yielding an amount due of $10,371.84. The roadway impact fee was later paid as part of the building permit. The purpose of this dual assessment system is to avert charging the developer twice for what are essentially different fees. In short, a perimeter street fee is simply an escrow in lieu of construction of public improvements for a specific portion of roadway, whereas an impact fee is a general fee assessment based upon the land use of a new building and can be applied to any portion of the service area in which the fee was assessed for capital improvements such as roads, and water/sewer lines as approved in the five year impact fee capital improvements plan. Therefore, based on staff’s review of the assessment and collection of the requisite roadway fees for the Maciley Addition and subsequent building permit, the fees paid by the applicant are the correct fees and consistent with past assessments and collections for new developments in Colleyville. City Council Agenda Briefing 6a City of Colleyville Page 3 The City Council has the following options with regard to action on this request: (1) Approve the refund - This action would refund the perimeter street fee requirement for this property in the amount of $10,371.84. (2) Approve the refund in part - The Council may set any percentage of the fee it deems sufficient to refund the fees to the applicant. (3) Deny the refund - The property owner would not receive a refund from the City. Financial Impact The City would incur perimeter street costs at a future date for any improvements to Glade Road adjacent to the subject property. Recommendation Denial Attachments 1.Location and Zoning Map 2.Aerial 3.Applicant's Request 4.Maciley Addition Final Plat 5.Development Review Committee Memo 6.Chapter 9.16 - Land Development Code 7.Resolution R-11-3432 Location and Zoning Map Aerial DATE : October 7 , 2011 TO : Honorable City Council Members City of Colleyville 100 Main Street Colleyville, Texas 76034 FROM : John Staab, Owner's Representative and Project Manager RE : Perimeter Street Improvement Fee -Lot 1, Block 1, Maciley Addition Dear City Council Members, In April of 2011, Lot 1, Block 1, of the Maciley Addition was platted in the City of Colleyville as a single home subdivision (Exhibit A). A reconciliation of the various fees that have been paid in association with the Maciley Addition plat has revealed an over assessment. When the single home subdivision known as the Maciley Addition was platted, the owner was assessed a Perimeter Street Fee in the amount of $10,371 .84 (Exhibits B1 & B2 show the calculation worksheet and proof of payment). Subsequently, the building permit was issued for the project located on the lot created by this plat, known as 2800 Glade Road, and a Roadway Impact Fee was assessed in the amount of $2 ,187.00 (Exhibits C1 & C2 show the invoice and proof of payment) . My research along with findings from third party engineering consultants and legal counsel shows that only the Roadway Impact Fee should have been assessed . Chapter 212 of the Texas Local Government Code states that a municipality is allowed to assess impact fees "that are roughly proportionate to the proposed development". In keeping with the proportionality requirement , a municipality isn't able to assess a perimeter street fee in addition to an impact fee for the same road if an Impact Fee Ordinance has been adopted and the road from which the impact fee is derived is included in the capital improvement plan. Colleyville's capital improvement plan includes Glade Road; therefore , the Roadway Impact Fee should be the only fee assessed . For reference, enclosed you will find the table and map from the May, 2006 Roadway Impact Fee Update that includes Glade Road along with the plat map (Exhibit D). In determining the Perimeter Street Fee, a calculation based on the linear footage of road the property faces was utilized. In doing so , the Texas Local Government Code for rough proportionality requirement was not met. No basis has been provided to meet the rough proportionality test nor could it be given. Colleyville is charging the full impact fee allowed under its current Ordinance. Therefore a Perimeter Street Fee cannot be assessed in addition to the Impact Fee when the Impact Fee Roadway is within the Capital Improvement Plan and the full impact fee is being assessed. Applicant's Request Page 1 of 14 I respectfully request the City Council to review Chapter 212 .904 (a) of the Texas Local Government Code and confirm that it was incorrectly applied in determining the perimeter street fee assessed to the subject property . Upon confirmation , a refund of the overcharged fee can be remitted to : Mr. Robert McCormick 2200 Pool Road , Ste . 100 Grapevine, TX 76051 Please contact me at (817) 488-1756 or via e-mail at jstaab@maciley.com should you have any questions. Sincerely, John Staab Project Manager, Owner's Representative Enclosures (4) Applicant's Request Page 2 of 14 __ _ __ _ __ __ ____ N ' •. I,..,~F;"F!-~c; , o.:;.;w. .,.:1 .q "l' Nr~ , I ....'-'1 :u.... ' ...... re-r-. ---------< : ~, _r-)S"( " ..,-.-..... _ _ _ J u _,I on: ~ u -:------un---~.L,~S ,-I__ ~ I Planning and Zoning Comml...kM ApprOV1lI ~ -':~I"'''''''-_:-'~'''''' '::+r''' ~. T•._ _ ____....___ :'0" ._-...... r---~ _~~c--~ n.R~of RlIIMIll Truy -<_ J:HghgrQ'{~¥-o!Jrt lf7li\tF ''''ClOJ'"JIM~lAHD SURV' - -bIiri ­ $l5t""9'W£ 1,60" h .... co; en N BLOCI(. ........... C~""$6de l935 P,R.TC.' '" ~ io <"> 8 z (SU Ri;M-d·Wa')') :: --; -­ l2 ~ C1 "PAeCI~C::~ SUR'/" I"R'~c~~ H:8IJ~Unt__ _ b en r.: en N RIAMIO. Truy T~~~~=Trus1 I~ D.I'U.C.T. ~ 8 CfJ 2S_p.jo ~U,.._ s.wnO. ~..u:r \lo..ne.S31. ~.3' O.R T.C. T. ---_........-----_.-..... ----- I.GI ' , kid. I-­~B.~201' P.R.T.C.T . I ' ------~ -..:... T~O'I Ihe~RMlE~TI\ISI. Coomry C~.020J.4~l9t;l O.R.T.C.T, ._"R...... G. TIt7)' TltfttMdzr.~r::t"EllllU T~r ~ryCW\. D20)ooIll961 OJU.C. T. ;; ZSurv.yor'1 Certlflc.Uon 1t!<.JW "",, " "'''' '''''!:lU:"'lk.o'T ' l'w l _ O._,....."-"""'..-.-l_-..,.__"'.._ " ,-po-'...... -_....... _----_....­--.._... ......-'_............__............... --.."'....--~"-"........- 20'~r.g~ _ _ _ _c ';;;:""'-;;.1..t..;­ ""0$ -­'::'.:,', "-~ ------. __ ...1_ __ .<--_~89·35·.5~ 369?L.. t: L --- ~:;En;;~·rh..'~P . Glade Road : I (V~'MII"'RiQhkJI.Wey)§ CJ § Baird Hampt on &. Sr own, Inc. -__t:2 :-: ~~~;~~.,,: ,:~ ~; ;~r.-!!~q_ ......_. Jt... ..... _ ......._ .......,... ........ . I ~ ............ , J ... " •••• _...-_,.. ------W-~[------C1 --1~r ~~~~~:~---l--w-.._ L;j _ ~OSE lANO SUR"-"PREOS£ l.NIO SURVTOt __I-,__ ..-­ 207 .2~ Sq. R 4.757 Ae:,...s :g .,; <"> Lot 1, Block 1" .......~O'T...,r..-~ __ ... -,II_t_T_"..._<JI..._cl .. ... ccOroos..-,.._.......·r_c.....,.I_........ r-.._cII.\,7:Jt __'" __tJ_·_G.f..,.T_",...-,II..£-.r...-:l._"~Oon. .... OJO.)otzMl .\)oOoIIII_ '_c:.o...r. T_ -..."'1.-""""'•IOA.l.t.Tj .... __ . ~1IS Cllrfl!~. t_eo....,. I ~_ ... _ .... ____.. .......ms ..-."-*-r_~.r_(,.A.l.C.'.) __.._.........,_!l'J ___.. _c--__.... _ .."_~.. ~·ta.l ..,. __ ~..._Y1I ___.... _,...-;'I...a_....I ...... __"'_ _G.T""..,_.. OJIDoIza, __........._,.,.,.-..,......OIId""-l i· y--~~ TlCICI_.WSS'W" _ _.... _~...... cI ....~""""-.-..."'~,_~._ ~_01-xr115' "'~_-......_rv9I .... ........_ "'....._.._ __..... d l .IO._·.." ...__ --....._IIS_ 'n...a:~..-n-2'S"E-.&_..._ .... __u. \O _ ..___a.T..., __ __"~l.• _"'.....I _IDI......, II2 ___"'O......M""'-1#OI ~w ..__"''-''',O'....,,·_-.ld~.I1$-._.._ ..-.­ _"'''_'-'''1: ~_.,.,..,r __..___.....l ... '_10.1 __"'1a.I'l_... ......... \I2 ____ ~_.VJ ___....__""'-~~_So:Io#I IIT.9tF £-.._tJll.6oI-.. __ _ -........ ., ___~~,.,_ --, _~_ T'ICICI_Wln7(.-_ .... _~"<I'_.......... CoA.-.c...A%o_ ..........,111""' __.... _~~-. lCJI7R ~......._ "'·_..........-..._....<I'o:r....,....• .-...'1S.CIO_ .._ ....... D.JO __• _ _ -..s....-.. .....wt..-.,.<1'83._•• ......, 112_ ____ -.u...• ..__"',._LaI·._"""_91J-. __<JI!LaI".."......... __ ~ ~WCl.s....-..to"X'lrEMI_h ............ ___u.'_....._ ..mltO_•• .......,111 _____""'-~s;.,.-....... __"'_LoI _ _ .... ,.__.._~.t noII)ICI; _...-Tr'ft~r-_"'__fIiI_I.aIIIIt'_fIiIla.a_••_s.._ ~__""''''~'''''' '''l.CIIl.'.n.",-..._ . ...Or..c:ator-.._..c-"-_."PAT.C.l. _-...... __fIiI .... _ ~a.T""__"~I : l~n;'f(~ DOWOT fICIIIIU_ OI""3lT.llS"U. _ ...._a-.__LoI I _ ... __0. '''''_ __.. 1nC:)oIz;".1• • __.. . .... ~0I ____..............l'P _ ..~1t_-_.-. '*Ot'I~M)IlE .IOONAU~""lKSi~ ThoI ~ ~G..r,."..l_..... ~.... ~l...__._'*-t .... ....-...__~.lO?l. ...OC-" '.MU:a..n~. ... ....,..... ,.~~::.,=~ OIy .. ~.T_~. ""'*-t_...................___.. T__ _................_-,.. ___""' __... __... _ .....11>0....­ ...--.... ~-_._• .-.e ... _~..-c-, ... ....--....-.....-....~---.-~".-",........-....-.._---._-.. .......--.-.--,.__ ....__ ­__ •• ......fIiI ..... •~· c-,_ ~...,._<I'~ ~.... ... .._T'No ...__ ----_ ...• --........-__..-..~.--.-.......,........ __.~___-.....<I'... CI:I'<I'~T.... _ .... _ ~"' ~XlI1. io .... _ a.,,,,,,~ IT"TE C"l'CUo.S c:o...rrvOllAAltOliT Lo(l.8Ioci.'w n.E""'. ...,..--... --'I'_......---,-.-~.<I ...._...,._......__:" ~A.'T~S9n =.=:.::.:.=."";':..~-=--=--=.:=~.....<"> g f ~'.OO-'...-..., ___..____fIiI __ --,-.-~"'T_-CO'_ .­ ~Exhibit A ......... Lot 1, Block 1 Maclley Addition 4.757 Acre. ................ tNc1 .................. ..,. ..... ......... &.TN7_ ...........O--... .... ~1 . 0...1 ~T..--tCtllUflltJ'. T_~~---..............ut .. --.1l4 SAO 13 TEXAS NORTH AtI.h._n......._tetMCltyofC...,.....•• T..--t c-,),.T_.. ~hi c......A",;:~=~ ...."'5 ,.... 1tIoc........ T-.-t C.....,.. T•• •• E: 2.J9139'1_Xln MUCH 2011 Applicant's Request Page 3 of 14 Exhibit 81 CIty of Colleyville Street Namll G/.de Road tOO ".'n StrHC ~" Street Classification C3UCol1eyvllle. TX 76034 .. 117 -503 • totO ProjectlSubdivlslon Mac~ArIdItIotI Abutting Roadway Development Costs Emergencv Services Demand 1 . Street Construction CosWLlnear Foot 1$ 318.31 I 12. 112-24' Emergency AcCM5 Costllinear foot Is 67.981 2­Street Frontage of Development (linear feet) I 36$,61 I 13. Total Emergency Access Demand Is 25,117.681 3. Abutting Street Costs (112 of roadway) 1$ 58.809.36 1 Roadway Impact Fees Segment Demand/Capacity Data 14. Number of Single Family Residential Lots 1 4. Segment Umlts I From Pool to MartJn Parkway 14A. Number of Commercial Lots 0 6. Roadway Classlticatloo I C3V 16. Roadway Impact Fees pet" Lot $ 2,187.00 6 . Segment Length 3,500.00 16. Total Roadway Impact Fees $ 2.187.00 7. Segment Improvement Costs $ 1.114,085.00 Escrow calculation B. Total Segment (4pac;lty 7,275 17. Perimeter Street Costs $ 58.809.36 •• Total Trip Generation this Development 9.57 1B . Total Emergency Acceas Demand $ 25,117.68 10. Capacity Con$umptJon this Development 0.13% 19. Trip Generation Demand Costs $ 1.465.54 11 . Trip Generation Demand Costs $1.465.54 1 20. Enter Higher of Line 18 Of Line 19 $ 25,117.68 21 . Percent ReductlOn .for Two Lot Replat 50% 22. Adjusted Roadway Improvement Costs $ 12.558.84 23. LM$ Roadway Impact Fee Credits $ 2.187.00 24 . Net Escrow Payment $ 10,371.84 Applicant's Request Page 4 of 14 CIIJ otC6ll<yvtIIo 100 .... _ eo..,.....TI now 111 · so, · lOtt Street Clusl1lcatlon ProJecllSubdlvlalon au Summary Sheet for Perimeter Street Fee Street Frontage of Development (linear feet) per plat Perimeter Street Cost Percant Reduction for Two Lot Replat Adjusted Roadway Improvement Coats Less Roadw.y Impact Fee Credits Net Escrow p.yment Signatura of L1cenlad Professional Engineer 369.51 $25,117.68 50% $12,5158.84 $2,187.00 $10,371.84 Applicant's Request Page 5 of 14 Exhibit 82 I ~ r >­I 8 5615 5412 FINES-OTHERPLUMBING PERMITIti: ~ 5414 · ELECTRICAL PERMIT 5420 SIGN PERMIT 5512 PLAT FEE . 5873 5419 COMM CTR RENTAL 5413 5719 MISCELLANEOUS 5711 AMBULANCE SALE -MATERIAL BUILDING ENGINEERING WATER: PLANNING & ZONING POLICE FIRE city ~f DATE __~~~w-________ (81 7) 503-1 0 10 5411 BUfLDINGPERMIT MS CUST. DEPOSIT 2114 5821 . SEWER IN STALL 5822 LOT un"",,.,,,,,, 5725 STREET SA I 5726 Applicant's Request Page 6 of 14 March 29, 2011 Mr. John Staab 2220 Pool Road, Suite 100 Grapevine, TX 76051 Re: Approval of a request for a replat of 3.6 acres on Tract 2B03, Abstract 239 of the CC Doss Survey located at 2800 Glade Road and 0.8 acres on Lot 9, Block 4 of the Ashmore Addition located at 2803 Highgrove Court, Case PC11-002 Dear Mr. Staab, The Planning & Zoning Commission approved the replat as requested above at the March 28, 2011, meeting. The following conditions need attention before submitting mylars to the city: 1. Perimeter Street Improvement Requirements. Perimeter street improvements are required for this lot since Glade Road is considered an unimproved street. This fee amount is calculated by our City Engineer, Jeremy Hutt. 2. Parkland DedicatjonFees. Parkland dedication fees are required forthis lot in the amount of $1,802.00. Please provide the City with two Mylar copies of the plat with original signatures. We will obtain the necessary City signatures and file the plat with Tarrant County. We will return any extra copies of the plat to you, if provided. If you have any questions or require additional information, please call the Community Development Department at 817-503-1050. Sincerely, CITY OF COLLEYVILLE Amy Shelley Community Development Coordinator ashelley@colleyville.com Applicant's Request Page 7 of 14 . .­-------­--. ------~-------_..._ ------­-_ ._.__...._ --_. -­.­--------.-­~~:~::~.-~~~ ___ ­ ---_. ----'-­-,'-, ­ . . ,---.----------. R.J. MCCORMICK City of Colleyville 3/30/2011 Roadway Improvement & Park Land Dedication Fee Texas Capital Bank Roadway Improvement & Park Land Oed. Fee R.J. MCCORMICK City of Colleyville 3/30/2011 Roadway Improvement & Park Land Oed\~Fee .........., \ . \ \ \ \ ~. . ., \ ,:---, \ \'-"\ \, \'.",,'~ \ \ \ '''...,.,:. \ ........ ,...." 0. «.~I , .~-~~.,.! " '\ \ \i \ ". \\/ "-. .-"" . .---' ", " .........../ /; •...----~-' '.;-:.. ..~\.., ,-­ ..-> Texas Capital Bank Roadway Impr6vement & Park Land Oed. Fee , , . ~~-~~__ -.:. 3960 12,137.84 12,137.84 3960 12,137.84 12,137.84 e . 601498 (9/10) • Applicant's Request Page 8 of 14 • • . -- ==~~g-~~~~==~~=-:ggg~~~~~=f~~~~~ **36.00 --------------.---. ---------------------_._---------------_._--_._----­.-.----.-.---------------------_..._.• _------------_._-.._"------_._-'-'--'------_._---------...-­ ---------------.-----------------..--------------------------_._-_._-­---_._--------------_..----_._._._--_._----------------------..----­===:---=--=--------=..::---.-.---===-~~~ .::::=.~.-=--~.-----.----.-:::eih .. ----------------~-----:::::.:=::=--= ~~_. . .~~~~~~~~~ :-~=--.=--. __.:.::-~=~_=Citj .~.~;------==-~--::.----:::yt:CGi1m.l=. ---­__ -=io~~~ --:-~<.~~~~.-. .' -~u ••• . •• -.-._ ' ~~--R~~YiiHP~8rll-ar«:iialkbTlci-:eed~----------:~_ =s~=? -------~~~_=__ . .----....:.-.-.:....------.'-'---------..:---......:....-----:...------~-------..~.._ .-. R.J. MCCORMICK 3968 City of Colleyville 4/6/2011 Roadway Improvement and Park Land Dedication 36.00 Texas Capital Bank Roadway Improvement and Park Land Dedicatio 36.00 R.J. MCCORMICK 3968 City of Colleyville 4/6/2011 Roadway Improvement and Park Land Dedrc¢ibn 36.00 / . \,./'.. '., / \ '--" .-> " / ~--" . --~' Texas Capital Bank Roadway Improvement and Park Land Dedicatio 36.00 e @ 601498 19/1 OJ Applicant's Request Page 9 of 14 Texas APPLICANT: DAVID LEWIS BUILDERS , INC. 2800 GLADE RD COLLEYVILLE, TX 76034 RESIDENTIAUNEW Fee Description INVOICE The City of Colleyville 100 Main Street Colleyville, TX 76034 Phone: (817) 503-1030 Account Exhibit C1 Permit No: BLD11 04-037 Parcel No: 4482794 Fee Amount WATER IMPACT FEES 040107< WASTEWATER SIMPLE 1 1/2 PD $3213.00 WATER SIMPLE 1 1/2 PD $12454.00 TAP AND METER CHARGES ACCESS FEE $100 .00 ACCESS FEE $100.00 METER CHARGES 1 1/2 INCH $250 .00 METER CHARGES 2 INCH $290.00 SERVICE CHARGE $2.00 SERVICE CHARGE $2.00 SEWER TAP DEVELOPER $100.00 WATER DEPOSIT $50.00 WATER DEPOSIT $50.00 ROADWY IMPACT F EES 4/07 RES SF DETACHED A1 $2187 .00 BUILDING PERMIT FEES BUILDING PERMIT FEE $8579.85 LOT DRAINAGE $125.00 001-00-00-5845 Total Fees Due: $27,502.85 Date Printed : 04/20/2011 Assessed by : CUSTOMER Applicant's Request Page 10 of 14 city Of RECEIPT Exhibit C2 The City of Colleyville 100 Mai n Street Colleyville, TX 76034 Texas Phone: (817) 503-1030 2800 GLADE RD Permit No: BLD11 04-037 COLLEYVILLE, TX 76034 Receipt No: R7993 RESIDENTIAL/NEW Fee Description Account Fee Amount BUILDING PERMIT FEES LOT DRAINAGE BUILDING PERMIT FEE ROADWY IMPACT FEE~ 4/07 RES SF DETACHED A1 TAP AND MET~R CHARGES WATER DEPOSIT METER CHARGES 21NCH ACCESS FEE WATER DEPOSIT SEWER TAP DEVELOPER SERVICE CHARGE METER CHARGES 1 1/2 INCH ACCESS FEE SERVICE CHARGE WATER IMPACT FEES 040107< WASTEWATER SIMPLE 1 1/2 PD WATER SIMPLE 1 1/2 PD 001-00-00-5845 001-00-00-5411 003-00-00 -5725 002-00-00-2114 002 -00-00-5822 002-00-00-5822 002-00-00-2114 002-00-00-5821 002 -00-00-5817 002-00-00-5822 002-00-00-5822 002 -00-00-5817 002-00-00-5740 002-00-00 -5727 $ 125.00 $ 8,579 .85 $ 2,187 .00 $ 50 .00 $ 290 .00 $ 100.00 $ 50.00 $ 100.00 $ 2 .00 $ 250.00 $ 100 .00 $ 2 .00 $ 3,213.00 $ 12,454.00 Total Fees Paid: $ 27,502.85 Date Paid : 04/22/2011 Paid By : R. J. MCCORMICK Pay Method : CHECK 3994 Received By : TACI WRISLEY CUSTOMER Applicant's Request Page 11 of 14 -",, --- ---­­­ ---.. --­---.-! . ---..__.. _-------­ R.J. MCCORMICK 3994 City of Colleyville 4/21/2011 Water Impact Fees 1 Tap and meter charges 1 Roadw 27,502.85 Texas Capital Bank Permit # BLD11 04-037, Parcel # 4482794 27,502.85 R.J. MCCORMICK 3994 City of Colleyville 4/21/2011 Water Impact Fees 1 Tap and meter ~harg~~oadw 27,502 .85 ---~ "'-",..-,.-" ---' --..-­~---, \ . -, -\ \ \" -/ ",,,-­ _/ " /' ...... ,­ .­ Texas Capital Bank Permit # BLD11 -04-037, Parcel # 4482794 27 ,502 .85 ~ 60 1498 (9i l0)• . Applicant's Request Page 12 of 14 Exhibit D Kimley-Hom and Associates, Inc. Table 2.3. lO-Year Capital Improvement Plan for Roadway Impact Fees with Conceptual Level Cost Opinions ~n' itc' '\n:a PmJ.' Cll«'\lr.......llo " RO:.t.dw~y Ulnib; l..:n~lh (nli) 'Y.. lu ~n' l«, ..... Total PnJjl'C'1 Co.\1 Co.'lln SOTi<'c: '\1'\"':1 Pl,o M",U Colkn'llic Bhli Bro\louTrail(11 S. Cill" Umits lo N.Cit\, Lilllits Chcd.,Sp.1rJ:\:'r 10 Moonttin LMUd ",IK o_n ""1. 100"" 5.UI'I0.OUO GU.712 2. 500.0UO (.B.n! M.U Bro\\"nTrail 2 MoUn&.1inl....'fl:IIO S. (".h-Limits u.31 100"'" U6U.lW 1.1611.00U MC-W Ikrilagc A\\! Chcck·Spul$( 10 Glade. 1.1" 100"'/.. 1...13u .0IIO 7.JJu,o(lu ClU Bedford Chcck-S~u}lI!r It) Gbdc 0 .')(J IOO"'{' ,1.5",O,uUt) S .U~o.(lQ() Mm H.. I! Johnson SH 1610 S,c;,n'i)fl! O.'H 100'% " .0.&1.0')1 ..UI.&7,·UI fl.-tc.&U Riq'm:llk GI:dc to lIollI-Johnson O.K\) !UU% 5-'4,070 5'&·1JI7n M"O Chun:h(ll Rh'cn\alktoSlI26 0.1 1 100'% 1.050.01.10 I .U50 .utl() M.&U OLde(l) SH 2(; 10 Ik-dford 0 .17 HXI'"/. 1.110.000 S 1. lln.lMIlI ItO M2U Glod:(l:1 I.kdrord 10 tkri tip: l.6" 100"/. IU.IJSU.UOO 10.'J~). U(l() " ClU Thompson TCfT~ GI:Id.:10 SJI. 2(1 CJ.2(. 100".<. 7I)O.OUlI 11)0,0011 12 elli RotM:mi Ru;1d 01. 10 N, Cit~ Lilllit"i n..N Ir~. I.2lU.llOO S I.lIll .UCld H IJlleri'ittlion Oro\\11 & Chcc/r;.·Sp;qcr 1nle rtCQ ioA hupIO\'CmC1U "', 101)1>;" H7,1'Jl) S 87. 1'10 I·' Inte~lion GI3dc &: Ri\'cmtdk Intcn;eC1 ion 11I1DlO\·CtIk!ntS "', 100"'1.. 79J~ S 7'JJ~ '.J t.lenccliou Ikdronl &. Ched.·Sp.'fl"!' Sir.n:d 1I"lCI"U:llion 01;, \00%. 1 ~.lIOO ISUJIIlO 1-1 lat~JSlCClion J:'ICksoli &. Chcdt·Spr;wpcr Intcrscaion II"pron~mcnls "'. 100% I H ,91l 17J.972 '·S InlCfSCClion M:1I'1ill I< Cb«k·Sp;ugcr InlCrscC1ioulmpro\'C'II1CnlS oJ, IM~ :'i,)2 . ~5{1 S 592.HS6 1.(, 'nl~sc«ion Pool 4 Ololdl.: SirJl;ilIrJilall,,'ioll I":' 100% 16·'-'-") 16-1)-1') ,., Inlc~ioll HCfila~ 8. C ... -ct..saw.,r SilltlllTJi;laU:1Uofl "'. IU(~o I SO.IIUO ISUJKJ(I 141 Inh.'1SCC1iou GI..tc. Bcdrord, Tl'OutpSO. Tcn:tCC.. ViII;tJ:;C Park 11l(oCF5C(tlOn ImpruwlIl(rf,. "', IOU-A. 6-13.200 S 6-1.\.100 S('nic~ AI""C1II p(o·~t Cost Sublolal S J7.();IS.184 Roadway Impact "'IX' Study COSI S IINJ Total Co,t in SERVICE AREA t S 37,060,017 P60 CoIlen'iUc 81,1:1 S. (il\· J..j,lIiIS 10 N. CiC\' LilMils -I . IS ,"(luI. j.llOO.OOO 2.54.10.000 I.l "'1('-IlJ BaNtSrord " GI~to Tinlb.:rtillc N. O..u 1110% t.('·h)'uOO t.r"&o.oo(J I. ('.1U Omlu.rord 2 Tmlbo..'rlittc N.lo l.D. lod:c'll IUS 10C,.I. 2.:!W.OW 2.2')(1.000 15 CW While UrdllSf'ord ".0. Lodfc n 10 WcSCcO<1l O .. lj IUm:. 1.070.111.10 I .U70 .00(1 Ie, nu WcsU~o"l t .O. loclD...'IIIO John McC;Jin U IUO",. .1 .650flOO S "1 I'i.'MJ.nUII IJ M-IU Ol:1dc J \Vesl Cih' lill~tI to OrnnsroRi 1l.?'J It"-. UI6O.0011 S -I .()(IIIJIII I. C2U McDou\\"cli School P1ccillct the 10 \Vestro."I' 1.1-1 100"4 .l .-'1U.lIUtl S .lA10.lHII I') /l.1C4U C'hm:hll) Plena. R-. '" SH 16 n.27 mu°ho 111111,000 1.2110.000 '0 11 MC'W M2U John McC ;:U 1I Pb~ntRlIl1 WnlCQl.lllo SII 26 SH 2610 N. Cit\" UlI." 1.69 2.(.1 IUO"/. Ill'l1f.. 6. H U.Olltl 1IA-III .OUII S 6.2-I0.ono II.-I.-Io.om II flU L.D. Lockett Pn.:dncl Lille 10 Pk..-nt Rlln I.'J) 100"" j .Il'M.UOII j.I!.9tUlilO l .l MC4U Do 'MI t>t\'i~ul Itlln 10 C'oUi:\-"'Uc U . .n lOt)",\, 1.(.ln.(IOI. 1.61O.noO I·. lnlCfSCClion McDo,",~1I School 4 WC'a~t Sl~~ 115lallal.,n ", 100"Y.. 1.\O .t.MJO 150.00(1 '.1lI IRI(f'SCC1ion John l\Ilc0.tin 4 Plc3s;m( Run !iiJ(ll:II 11..1;111;11600 ,,/:. WO'lf" ·UI7.I S.l S M17.ln 1-11 Inlenoctioll LD. Loden .t. Prcncincl tine h,lcfSCdiolillTlDlO\'CII!CIWS "', 100"/0 1.'.oX.l 15.mu Suvict Am Pro'erl Cost Sublotal 45.692JJ6 Ro .. dway lmpflcc F,'(' Study Cost S 11M3 Toilli COSI in SERVICE AREA 2 $ 45,704,069 ToL."!.1 Cost $ 82,764,086 Note: These costs projeclions have been developed for Impact Fee calculations only and should not be used for any future Capilallmprovemcnl Planning wilhin the City of Colleyville. 2006 ROlidw ay I mpact Fee Upd.~te 7 May 2006 Cily orColleyville, Texas Applicant's Request Page 13 of 14 Exhibit D fJ Sch ool Rd W L o. Lockea Rd ! : ~ Legend ~Streams ~Railroad Local Streets Service Areas ( Intersection Projects ThlktfRd ~1 ') ~ -1' f ~ 1::F1) -1 r M L L l I 0: , .~ l'cz•• Exhibit 2 .1: Impact Fee CIP 0.5 I",,". BBdiorrJ May 2006 c=n ~o-c. Applicant's Request Page 14 of 14 Maciley Addition Final Plat DEVELOPMENT REVIEW COMMITTEE DATE March 1, 2011 TO JOHN STAAB EMAIL jstaab@maciley.com FROM Jacquelyn Reyff, Senior Planner SUBJECT PC11-002 Replat of Tract 2B03, A-239 of the CC Doss Survey & Lot 9, Block 4, Ashmore Addition 2800 Glade Road & 2803 Highgrove Court The Colleyville Development Review Committee (DRC) has reviewed your plat request submitted to this office. The following comments are for your consideration. The following comments require a response from the applicant: 1. Remove the 25’ rear build line on Lot 9 and add a 25’ no build line. 2. Remove the “Lot 9” on the plat. 3. Remove the City Council signature block. 4. Label the centerline and width of the both Glade Road and Highgrove Court. 5. Replace “Minor” with “Final” for the plat label. 6. Update the date of the plat to reflect “March 2011.” 7. Clearly mark the property lines with distinct bold lines. 8. Right of way will need to be dedicated for Glade road. Please Contact Jeremy Hutt, City Engineer at (817) 503-1095 for additional information. 9. The Fire Department may require a turn around depending on how far the house is from Glade Road. Please contact Rob McKeown, Fire Marshall at 817.581.4591 for additional information. 10. Provide drainage and utility easements as required by the Land Development Code Section 9.17D or provide engineered grading plan with the proposed improvements and suggested CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT Maciley Addition Development Review Committee Memo easements. Please contact Jeremy Hutt, City Engineer at 817.503.1095 for additional information. 11. Add a 30’ front build line on Glade Road. 12. A 30’ front build line exists on Highgrove but is not indicated on the plat, provide the 30’ build line. 13. Once the plat has been approved, please remove the owner information for the subject property for the mylar copies. In Your Response Letter, Acknowledge the Following Information: PERIMETER STREET IMPROVEMENTS. Perimeter street improvement fees are due at the time of approval of the plat for the lot frontage along Glade Road. The developer’s portion of the costs for infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for the delivery of emergency services. PARKLAND DEDICATION. Parkland dedication fees are due for the unplatted residential lot and must be paid before the plat can be filed. The fee is $1802 per dwelling unit. SIDEWALKS/TRAILS. The Land Development Code and the Supplemental Sidewalk System Map require a 4 foot sidewalk to be constructed along Highgrove Court when any new structures are built on the property. The Supplemental Sidewalk System Map requires a proposed trail between 8’ and 12’ to be constructed along Glade Road when any new structures are built on the property. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on a newly platted lot. The fees listed below are intended to provide general information on the fees that could be assessed for this project. The actual fee paid may be different depending upon the specific plans for construction or other arrangements provided for by a City-Developer Agreement. ROADWAY Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. WATER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. SEWER Fee will vary depending upon land use. See Chapter 13 of the Land Development Code for more details. TREE SURVEY AND MITIGATION. Approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the engineering department. Chapter 5 of the Land Development Code specifies requirements for the tree survey and mitigation plan. Maciley Addition Development Review Committee Memo TREE PRESERVATION. Trees not located within the right-of-way or within under the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around all preserved trees located outside the right-of-way. The fencing must be located at the drip line of the preserved trees. The protective fencing may be comprised of orange vinyl construction fencing, chain link fence, erosion control fencing, or other similar fencing. The fencing must remain in place during the entire construction period. TENTATIVE PUBLIC HEARING SCHEDULE Planning & Zoning Commission: March 28th, 2011 at 7:00 PM Please sign the Record of Acknowledgement provided below and submit it with the following to our office:  A written letter stating that each comment has been addressed or stating reasons why the requirement should be modified or waived;  10 full size copies of the revised exhibit;  1 reduced copy (8.5x11) of the exhibit. The above requested items must be submitted no later than noon on Monday, March 7th, 2011, in order to make the scheduled hearings. Please contact me at jreyff@colleyville.com or 817.503.1036 if you have any questions. Maciley Addition Development Review Committee Memo Colleyville, Texas, Land Development Code Chapter 9 – Subdivision Design & Public Facilities Page 9 - 1 Chapter 9 Subdivision Design & Public Facilities Rev. 03-03-09 Section 9.16 Street Improvement Requirements A. General Requirement – The developer shall construct, at his expense, street facilities necessary for the proper development of the subdivision. The street system shall provide access to every lot in the subdivision and be designed and constructed in accordance with the criteria contained in this Land Development Code. B. Improvements to Existing Unimproved Streets and Utilities – This section is applicable to a proposed development situated adjacent to an existing street or municipal utility, which does not meet the standards contained in the Land Development Code. (O-06-1562 / 02-07-06) 1 Improvements Required – If a proposed subdivision is situated adjacent to an existing street or municipal utility, which does not meet the standards contained in this Land Development Code, the developer shall bear the cost for constructing the infrastructure improvements required by this Land Development Code in accordance with the General Infrastructure Policy contained elsewhere in the Land Development Code. For the purpose of this regulation, the calculation used for estimating the reconstruction costs for an unimproved street shall include all street paving, curb and gutter, sidewalks, hike and bike trails, water and sewer utilities, and drainage improvements. The improvements shall be sized in accordance with the most recently approved Master Thoroughfare Plan or Capital Improvements Plan, which is applicable. 2. Escrow – The Administrative Official may recommend approval of a subdivision plat to the Approving Body conditioned upon the deposit in escrow of the estimated costs of the adjacent unim proved street and utility improvements in-lieu of the actual construction of said facilities. Any escrow, without interest, shall be applied against any assessment for improvements levied on such property, but shall not be deemed to release such property from liability for any future costs assessed which exceed the escrow. 3. One and Two Lot Residential Subdivisions – If a proposed residential subdivision contains only one or two lots and the developer does not own any contiguous property, in lieu of actual construction, the developer shall pay the applicable perimeter street costs in accordance with the General Infrastructure Policy contained elsewhere in this Land Development Code for the initial one hundred feet of street frontage. The applicable perimeter street costs shall be reduced 0.2% per linear foot of frontage in excess of one hundred feet, not to exceed fifty percent of the applicable additional street frontage. Exemption: A lot platted under this Section that contains an existing single-family dwelling at the time a subdivision plat application is filed with the City and the lot is situated with a zoning district that allows single-family residential uses, said lot shall have an automatic exemption from the perimeter street costs, provided that existing perimeter street facilities are sufficient to assure the safe, effective and orderly movement of traffic in and about the subdivision and utility services are adequate to serve the development. The following notation shall be placed on the plat: “Any future divisions of these lots will require full compliance with the unimproved street requirements applicable at the time of any subsequent replatting.” RESOLUTION R-11-3432 A RESOLUTION APPROVING A REQUEST FOR A REFUND OF THE PERIMETER STREET FEES FOR LOT 1, BLOCK 1, OF MACILEY ADDITION LOCATED AT 2800 GLADE ROAD, IN THE AMOUNT OF $10,371.84 WHEREAS, the property owner requested a refund of the perimeter street fees paid for Lot 1, Block 1, of the Maciley Addition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT a refund, in the amount of $10,371.84, is hereby granted to Robert McCormick of 2200 Pool Road, Suite 100, Grapevine, Texas, 76051. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ________ AYES, ________ NAYS AND________ ABSTENTIONS ON THIS THE ________ DAY OF _________________________ 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6b Agenda Date 02/07/2012 Number Resolution R-12-3462 Type Resolution Department City Secretary Title Calling a General Election for May 12, 2012 for the purpose of electing Councilmembers to Place 5 and Place 6 Explanation Reading and Public Hearing This item provides for the election order calling a General Election for May 12, 2012, for the purpose of electing City Councilmembers to Place 5 and Place 6. The City contracts with Tarrant County Elections Administration for election services, which provides for citizens to vote at any early voting location in Tarrant County. On election day, voters must vote in their precinct. The proposed resolution provides the dates, times and locations for voting on election day and during early voting and information for City Council candidates regarding filing dates and times. Financial Impact Funding is available in the Office of the City Secretary's budget, line item 001-14-10- 6215. Recommendation Approve Attachments 1.Resolution R-12-3465 RESOLUTION R-12-3462 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CALLING A GENERAL ELECTION FOR MAY 12, 2012, FOR THE PURPOSE OF ELECTING CITY COUNCILMEMBERS, PLACE 5 AND PLACE 6, AND AUTHORIZING A JOINT ELECTION AGREEMENT AND CONTRACT FOR ELECTION SERVICES WITH TARRANT COUNTY ELECTIONS ADMINISTRATION WHEREAS,the City of Colleyville, Texas, desires to conduct a General Election as set forth by the City of Colleyville Charter and Texas Election Code, Section 41.001, to be held on Saturday, May 12, 2012, at which time the voters will elect City Councilmembers to Place 5 and Place 6, including the conduct of early voting; and WHEREAS,all statutory and constitutional requirements for the passage of this Resolution have been adhered to, including but not limited to, the Texas Open Meetings Act. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 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. Sec. 2.THAT a General Election is hereby called to elect City Councilmembers to Place 5 and Place 6, to serve until their successors are duly elected and qualified. Such election shall be held at Bransford Elementary School, 601 Glade Road, Colleyville, Texas, on Saturday, May 12, 2012, from 7:00 a.m. to 7:00 p.m. Sec. 3.THAT if a Run-Off Election is necessary, it shall be held in compliance with the Texas Election Code and requirements of the City of Colleyville Charter. Sec. 4.THAT qualified persons for City Council may file as candidates by filing applications in the Office of the City Secretary, 100 Main Street, Colleyville, Texas, Monday, February 6 through Monday, March 5, 2012, Monday through Friday, from 8:00 a.m. to 5:00 p.m. State statute designates Saturday, February 4, 2012, as the first day to file but the Office of the City Secretary is not required to be open Saturday or Sunday for filing activity. Sec. 5.THAT Steve Raborn, Tarrant County Elections Administrator, 2700 Premier Street, Fort Worth, Texas 76111, is hereby appointed as Early Voting Clerk and may appoint additional deputy early voting clerks, as necessary, to properly conduct the election. Applications for ballot by mail must be received by mail no later than the close of business on Friday, May 4, 2012 (Mailing address: P.O. Box 961011, Fort Worth, Texas, 76161-0011; Attention: Steve Raborn, Early Voting Clerk). Resolution R-12-3462 Page 2 of 2 Sec. 6.THAT Early Voting shall be conducted at Tarrant County’s Main Early Voting location: Tarrant County Elections Center, 2700 Premier Street, Fort Worth, Texas 76111; Colleyville City Hall, 100 Main Street, Training Room, second floor, and branch offices for early voting by personal appearance shall also be established as outlined in the Election Agreement with Tarrant County Elections Administration. Sec. 7.THAT early voting shall begin on Monday, April 30, 2012, and shall end Tuesday, May 8, 2012, and the dates and times shall be as set forth below: April 30 Monday 8:00 a.m. – 5:00 p.m. May 1– 4 Tuesday – Friday 8:00 a.m. – 5:00 p.m. May 5 Saturday 7:00 a.m. – 7:00 p.m. May 6 Sunday 11:00 a.m. – 4:00 p.m. May 7 – 8 Monday – Tuesday 7:00 a.m. – 7:00 p.m. Sec. 8.THAT Tarrant County’s voting equipment shall be employed for the regular municipal election, including early voting, herein ordered in compliance with the provisions of Chapter 121 of the Texas Election Code, as amended. Sec. 9.THAT Tarrant County Elections Administration will assume the responsibility for the Election Officers and the Early Voting Ballot Board in accordance with the provisions of an Election Agreement for the conduct of the election on the aforesaid election date and the Mayor shall execute such Election Agreement on behalf of the City. Sec. 10.THAT the Election shall be conducted according to the election laws of the State of Texas and requirements of the Charter of the City of Colleyville. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ________ AYES, ________ NAYS AND ________ ABSTENTIONS, THIS THE ________ DAY OF _______________________ 2012. ATTEST:CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6c Agenda Date 02/07/2012 Number Resolution R-12-3463 Type Resolution Department Finance Title Approval of a resolution accepting the annual audit for Fiscal Year Ended September 30, 2011 Explanation Reading and Public Hearing On Tuesday, January 17, 2012, the Audit Committee met with John Manning, the audit engagement partner with the City's audit firm, Pattillo, Brown and Hill, L.L.P., to review the results of the annual audit for Fiscal Year ended September 30, 2011 and the Statement on Auditing Standards 114 audit management letter. The City received an unqualified audit opinion (Independent Auditor's Report), which is the most favorable audit opinion an entity can receive. John Manning, will be present to give a brief presentation regarding the annual audit. The Comprehensive Annual Financial Report (CAFR) is not attached due to size and volume however, a copy has been provided for the Mayor and each City Councilmember. A public copy of the CAFR is available for review in the Finance Department, Office of the City Secretary and Colleyville Public Library. The CAFR will also be available for review on the City's web site in the Public Documents section after acceptance by the City Council. Financial Impact There is no financial impact. Recommendation Approve Attachments 1.Resolution R-12-3463 RESOLUTION R-12-3463 A RESOLUTION ACCEPTING THE ANNUAL AUDIT FOR FISCAL YEAR ENDED SEPTEMBER 30, 2011 WHEREAS, Section 9.06 C of the Charter of the City of Colleyville, Texas requires an independent audit at the close of each fiscal year by a certified public accountant; and WHEREAS, the firm of Pattillo, Brown, and Hill, L.L.P., Certified Public Accountants has completed their audit of all City accounts and presented the audit to the City Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec.1. THAT the annual audit for Fiscal Year ended September 30, 2011, is accepted. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _______ AYES, _______ NAYS AND _______ ABSTENTIONS ON THIS THE _______ DAY OF _________________________ 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6d Agenda Date 02/07/2012 Number Resolution R-12-3464 Type Resolution Department Engineering Title Approval to change the name of the Colleyville Trails and Sidewalks Committee to the Colleyville Sidewalks Committee and establishing new criteria for the committee to follow when recommending new sidewalk projects Explanation Reading and Public Hearing Staff made a presentation at the January 27, 2012 Pre Council meeting on the history of the Colleyville Trails and Sidewalks Committee. As a result of this presentation, City Council requested that changes be made to the name of the Committee and new criteria be established for prioritizing new sidewalk projects. Staff is recommending that the name be changed back to the Colleyville Sidewalks Committee. The following is the criteria to be used by the committee for prioritizing sidewalk improvement projects: Connectivity where gaps exists within neighborhoods and to destinations (businesses, schools, city parks, trailheads, etc.) Constructibility (not where future improvements would result in the sidewalks having to be reconstructed) Cost In addition, staff recommends that the Supplemental Sidewalk System Map be used by the Committee as a guide for prioritizing new sidewalk construction in Colleyville. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Supplemental Sidewalk System Map 2.Resolution R-12-3464 RESOLUTION R-12-3464 A RESOLUTION TO REPLACE RESOLUTIONS R-92-753, R-03-2267, AND R-06-2785, RELATED TO THE NAME AND THE SCOPE OF THE COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE WHEREAS, the City Council recognizes the importance of sidewalks as an improvement to both pedestrian safety and quality of life, and adopted Resolution R-92-743 on February 2, 1992, establishing the Colleyville Sidewalk Priorities Task Force; and WHEREAS, the City Council also recognized the recreational importance of a system of trails in the community and approved Resolution R-98-1414 on September 15, 1998, that adopted “The Colleyville Pathways: A Citywide Trail System for Colleyville” that identifies a citywide network of trails and pathways for pedestrians; and WHEREAS, the City Council refined the purpose and direction of the Task Force by approving Resolution R-03-2267 on November 18, 2003, which changed the name to Colleyville Sidewalks Committee; and WHEREAS, the City Council clarified and standardized the membership and terms of the Colleyville Sidewalks Committee and further refined the role and purpose of the Committee by adopting Resolution R-06-2785, which also changed the name of the Committee to the Colleyville Trails and Sidewalks Committee; and WHEREAS, the City Council adopted the Parks, Trails and Open Space Master Plan, which includes the priorities for development of the Colleyville trails system by approving Resolution R-11-3433 on December 6, 2011; and WHEREAS, the City of Colleyville desires to provide safe and accessible sidewalks by complying with the Americans with Disabilities Act, and WHEREAS, the City Council desires to refine the criteria for prioritizing sidewalk improvement projects in Colleyville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville Trails and Sidewalks Committee shall be renamed the Colleyville Sidewalks Committee. Sec. 2. THAT the following criteria, in order of priority, shall be adhered to by the Colleyville Sidewalks Committee in prioritizing sidewalk improvement projects: Resolution R-12-3464 Page 2 of 2 A. Connectivity where gaps exists within neighborhoods and to destinations (businesses, schools, city parks, trailheads, etc.) B. Constructability (not where future improvements would result in sidewalks having to be reconstructed) C. Cost Sec. 3. THAT the Committee shall utilize the most current Supplemental Sidewalk System Map adopted by the City Council, and attached as Exhibit “A”, for prioritizing projects. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _____ AYES, ____ NAYS AND _____ ABSTENTIONS ON THIS THE ________DAY OF_________________________2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6e Agenda Date 02/07/2012 Number Resolution R-12-3465 Type Resolution Department City Secretary Title Consideration of appointments to the Colleyville Sidewalks Committee Explanation Reading and Public Hearing In the previous resolution, City Council considered changing the name of the Colleyville Trails and Sidewalks Committee to the Colleyville Sidewalks Committee. There are three (3) positions on the Colleyville Sidewalks Committee, whose terms expired December 2011. The positions were advertised and the incumbents were notified their term was expiring and asked to submit an Application for Appointment if they wished to be considered for reappointment. The following Committee members' terms expired December 2011:  Judy Atwood  Gail Manion  Mike O'Shields The applicants are listed below and the applications are attached:  Gail Manion  Jennifer Bosley  Natalie Genco  Jeffrey Ground  Thomas Parker  Barb Stephens  Kathryn Wheat This resolution provides for City Council to consider appointments to the Colleyville Sidewalks Committee. Financial Impact There is no financial impact. Recommendation Approve Attachments 1.Colleyville Sidewalks Committee roster 2.Colleyville Sidewalks Committee applications for appointment 3.Resolution R-12-3465 City Council Agenda Briefing 6e City of Colleyville Page 2 Colleyville Trails and Sidewalks Committee Debby Abitz 1711 Tyler Street Colleyville, TX 76034 H: (817) 996-0059 md.abitz@hotmail.com TERM:Dec 2010 - Dec 2012 Judy Atwood 2209 Norwalk Drive Colleyville, TX 76034 H: (817) 858-9531 atwoodj@swbell.net TERM:Dec 2009 - Dec 2011 Vishwajit Bhave 6733 Sapphire Circle North Colleyville, TX 76034 H: (817) 416-0806 vjit@hotmail.com TERM:Dec 2010 - Dec 2012 David Gillan 2301 Norwalk Drive Colleyville, TX 76034 W: (972) 830-6870 H: (469) 438-6303 dbgillan@gmail.com TERM:Feb 2011 - Dec 2012 Gail Manion 3003 Meadowview Court Colleyville, TX 76034 H: (817) 571-0250 gailmanion@gmail.com TERM:Dec 2009 - Dec 2011 Mike O'Shields 1102 Scarlet Court Colleyville, TX 76034 H: (817) 281-1334 mikeoshields@hotmail.com TERM:Dec 2009 - Dec 2011 Carel Tornes 6712 Hillier Court Colleyville, TX 76034 H: (817) 788-5611 careltornes@gmail.com TERM:Dec 2010 - Dec 2012 01/18/2012 RESOLUTION R-12-3465 A RESOLUTION APPOINTING MEMBERS TO THE COLLEYVILLE SIDEWALKS COMMITTEE WHEREAS, City Council changed the name of the Colleyville Trails and Sidewalks Committee to Colleyville Sidewalks Committee, and WHEREAS,the Colleyville Sidewalks Committee has three (3) positions whose term expired December 2011. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the following persons are hereby appointed to the Colleyville Sidewalks Committee to serve a term expiring December 2013:  AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ________ AYES, ________ NAYS AND ________ ABSTENTIONS, THIS THE ________ DAY OF ___________________ 2012. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 8 Agenda Date 02/07/2012 Type Report Department City Secretary Title Library Board Minutes - October 10, 2011 Planning and Zoning Commission Minutes - December 12, 2011 Planning and Zoning Commission Minutes - January 9, 2012 Attachments 1.Library Board Minutes - October 10, 2011 2.Planning and Zoning Commission Minutes - December 12, 2011 3.Planning and Zoning Commission Minutes - January 9, 2012 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES October 10, 2011 I. CALL TO ORDER – Vice Chair Mary Alice Rippe called the meeting of the Colleyville Public Library Board to order at 7:05 p.m. ROLL CALL - Members present: Amy Dowell, Thad Bolline, and Mary Alice Rippe Members absent: Karen Birkes, Jerome Davis, Billie Tuttle, and Charna Logan-Gray Alternates Present: Kay Newton Alternates Absent: Melissa Orlando Ex-Officio Members Present: Vicki Smith and Cecilia Monacelli Ex-Officio Members Absent: Steve Banta, Larry Darlage, Steve Johnson, Mayor David Kelly, and Jesse Rodriguez Staff present: Cindy Appleby II. ELECTION OF THE COLLEYVILLE PUBLIC LIBRARY BOARD CHAIR Vice Chair Mary Alice Rippe opened the floor for nominations for Library Board Chair. A motion was made by Mary Alice Rippe and seconded by Thad Bolline to nominate Jerome Davis. Motion approved unanimously. III. ELECTION OF THE COLLEYVILLE PUBLIC LIBRARY BOARD VICE CHAIR Vice Chair Mary Alice Rippe asked for nominations for Library Board Vice Chair. A motion was made by Mary Alice Rippe and seconded by Kay Newton to nominate Thad Bolline. Motion approved unanimously. IV. APPROVAL OF AUGUST 8, 2011 MINUTES - A motion was made by Mary Alice Rippe and seconded by Amy Dowell to approve the August 8, 2011 Minutes as presented. Motion approved unanimously. V. LIBRARIAN’S REPORT A. Monthly Statistics In September, patrons had checked out a total of 7,384 items, 66 Colleyville residents registered for library cards, library patron visits totaled 7,394, attendance for programs totaled 481, and volunteer hours totaled 137 hours. It was noted that September 2011 statistics had increased. It was also reported that the Library’s fiscal year had ended on September 30, 2011, and that Library usage had decreased from last Fiscal Year due to the construction project. B. Donations Librarian Cindy Appleby reported that the Library had received a total of $4,053.54 in donations in August and September. Donations in August included: $500 from the Colleyville Public Library Foundation for the Library’s Grand Re-Opening refreshments; $53.54 from the Delta Gamma DFW Alumni Association for the purchase of large print books; and $2,500 from Atmos Energy through a donation to the Colleyville Public Library Foundation for the purchase of Play Islands in the new toddler area. In September, donations included $1,000 from the Exxon Mobil Foundation Volunteer Program on behalf of the volunteer work of Mary Alice Rippe, and that the donation had been specified for the teen area. C. Programs Cindy Appleby presented an overview of fall programs and presented fall program brochures for review and discussion. VI. NORTH TEXAS LIBRARY PARTNERS SYSTEM UPDATE Librarian Cindy Appleby reported that Adam Wright, Executive Director of North Texas Library Partners, had accepted a position with the Fort Worth Public Library and would be leaving the System. It was noted that System organizational changes would be put on hold until a new Executive Director was hired. VII. COLLEYVILLE PUBLIC LIBRARY SECOND FLOOR EXPANSION PROJECT UPDATE Appleby presented an update on the Second Floor Expansion Project and noted that funding for additional Library furniture and equipment for the first and second floors, and the teen room had been included in the City of Colleyville FY2012 Budget. Also, it was noted that funding had been included for Library technology replacements, and an internal automated materials return and sorter system. VIII. CITY OF COLLEYVILLE FY2012 BUDGET UPDATE Cindy Appleby reported that the City Council had adopted the FY2012 budget at the September 20, 2011, City Council meeting and presented an update on the approved Colleyville Public Library FY2012 budget. IX. APPROVAL OF THE USE OF THE VOLUNTARY LIBRARY FUND FOR THE PURCHASE OF LIBRARY MATERIALS, MATERIALS PROCESSING SUPPLIES AND LIBRARY PROGRAMS Librarian Cindy Appleby distributed a Voluntary Library Fund report for Board review. The Board discussed the proposed expenditure of $145,000 for the purchase of collection materials, materials processing supplies and library programs. A motion was made by Mary Alice Rippe and seconded by Thad Bolline to make a recommendation to the City Council to proceed with the expenditure of these funds for the purchase of library materials, materials processing supplies and library programs, in an amount not to exceed, $145,000, for the FY2012 budget. Motion approved unanimously. It was noted that this recommendation would be included as a consent agenda item at the October 18, 2011, City Council Meeting. X. REVIEW AND CONSIDERATION OF THE COLLEYVILLE PUBLIC LIBRARY BYLAWS Vice Chair Thad Bolline opened the meeting for review and consideration of the Colleyville Public Library Bylaws. It was discussed that the Board may want to consider changing the day, time and frequency of Library Board meetings due to the competition of the Second Floor Expansion Project. Consensus was to table the discussion until the January 2012 meeting to provide an opportunity for all Board members to have input in the discussion. XI. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Vicki Smith reported that the Friends of the Library were planning to hold a used book sale in conjunction with the Run, Walk, Read Race scheduled on November 5, 2011. Smith also announced that a Coffee Bar being sponsored by the Friends in the Library was now in operation and invited everyone to support their endeavor. XII. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT President Cecilia Monacelli reported that the Library Foundation would be sending out the Library Foundation’s annual appeal letter before the end of the year, and discussed why the Foundation had decided not to hold their Race to Read fundraising event on Saturday, November 5, 2011. Monacelli also noted that all committed monies for the Second Floor Expansion project had been distributed to the Library. XIII. NEXT MEETING DATE Vice Chair Thad Bolline noted that the next Library Board meeting would be held on January 9, 2012. XIV. SUGGESTED ITEMS FOR FUTURE MEETINGS None XV. CITIZEN COMMENTS None XVI. ADJOURN: The meeting of the Colleyville Public Library Board was adjourned at 7:45 p.m. Planning and Zoning Commission City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Minutes - Final 6:15 PM City Council ChambersMonday, December 12, 2011 LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER1. The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on December 12, 2011 at 7:00 p.m. ROLL CALL2. Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright , Don Davis, Ron Rotthaus and Jeff Byerly Absent: Commissioner Phelps Staff Present: Ron Ruthven, Marty Wieder, Jeremy Hutt, Rob McKeown and Amy Shelley INVOCATION3. The invocation was given by Commissioner Dudziak. PLEDGE OF ALLEGIANCE4. APPROVAL OF MINUTES5. Commissioner Knox moved to approve the November 28, 2011 meeting minutes with grammar corrections. Commissioner Davis seconded. Page 1City of Colleyville Printed on 1/17/2012 December 12, 2011Planning and Zoning Commission Minutes - Final The motion carried by the following vote: Aye: 6 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Byerly Absent: 1 - Phelps CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA6. None PUBLIC HEARING AGENDA ITEMS7. Approval of a replat on 10.1 acres on Lot 1, Block 1, of the Kroger Addition located at 4904 and 4908 Colleyville Boulevard, Case PC11-014 7a Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:04 p.m. Chris Biggers, representing the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Biggers regarding the plan for the other parcels of property. Mr. Biggers replied that the parcels would remain as is but that they do not know specifically the plans for those parcels. Commissioner Dudziak questioned Mr. Biggers regarding if Walmart gets involved in those types of plans? Mr. Biggers replied not typically since they are going into an existing shopping center such as this. He stated if they were to own and sell those parcels, then they would get involved. Commissioner Dudziak questioned Mr. Biggers regarding if Walmart elected not to purchase these. Mr. Biggers replied correct. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Commissioner Davis moved to approve case PC 11-014. Commissioner Rotthaus seconded. Commissioner Dudziak stated that it is the job of this board to try to maintain the integrity of a large piece of property so that in the future we still have the ability to develop the town center as has been discussed many times with the overlay discussions and the redevelopment of 26 projects and much citizen involvement that has asked us to keep these properties in a whole form so that we can do something strategic for our town center. He stated while this is a great economic development for Page 2City of Colleyville Printed on 1/17/2012 December 12, 2011Planning and Zoning Commission Minutes - Final our town center, he stated he does not believe it is in the best interest to separate it. He feels that more should have been asked for and therefore he respectfully votes no. The motion carried by the following vote: Aye: 5 - Knox, Wheelwright, Davis, Rotthaus, Byerly Nay: 1 - Dudziak Absent: 1 - Phelps Approval of a request to rezone 23 acres from the AG-Agricultural to CC1-Village Retail with a Special Use Permit for a cemetery or mausoleum on Tract 2B01, Abstract 180 of the J.L. Byas Survey located at 5725 Colleyville Boulevard, Case ZC11-026 7b Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if the applicant can now put a mausoleum in any of the area that is being rezoned. Ron Ruthven replied correct with a building permit. He further explained that there is not a lot of land to be able to construct a mausoleum given the fact that most of the land is grave plots. Commissioner Dudziak questioned staff regarding if a multi -story building could be built. Ron Ruthven replied yes but they would not be able to go over 35 feet in height. Commissioner Dudziak questioned staff if the applicant could build a chapel? Ron Ruthven replied yes. Commissioner Dudziak questioned staff if there were any other structures that could be built on this parcel? Ron Ruthven replied that technically, since the underlying zoning district is commercial, they could build a commercial structure, like an office or retail building on the property. He further stated that it would be problematic because of having to move grave plots. He stated he does not anticipate seeing this happen. Commissioner Dudziak stated that if the right offer came in, it is possible to build a commercial structure. Ron Ruthven concurred if all zoning conditions are met. Commissioner Byerly questioned staff regarding what type of building design score is going to have to be met. Ron Ruthven replied that the current ordinance does not specify design scores for institutional uses . He stated that the CC1 zoning district would be have to meet a design score of 30. Page 3City of Colleyville Printed on 1/17/2012 December 12, 2011Planning and Zoning Commission Minutes - Final Commissioner Wheelwright questioned staff regarding if most of that area is used as burial plots. Ron Ruthven replied, by using the exhibits provided, to the west of the vacant area to the east of Broughton, is the last undeveloped piece. He stated everything else is developed as grave plots. He stated that the applicant can explain the areas. Commissioner Byerly opened the public hearing at 7:15 p.m. Julian Brown, representing Bluebonnet Hills Cemetery, came forward to present the case and briefed the Commissioners. He further explained that none of the burial plots will be moved. There being no one wishing to speak, the public hearing was closed at 7:16 p.m. Commissioner Knox questioned staff regarding if the SUP is to be able to construct the building. Ron Ruthven replied yes, as it stands now, it is a legal non-conforming use that can not be expanded therefore the building permit is on hold depending on the rezoning. Commissioner Knox questioned staff regarding if the rezoning is approved then can the applicant build a building twice as tall as the one that is currently out there? Ron Ruthven replied correct. Commissioner Knox questioned staff regarding if a condition regarding the height can be specified in the SUP? Ron Ruthven replied yes. Commissioner Knox stated having an issue with a two story mausoleum , or a 35 foot tall structure right on SH26. Commissioner Knox moved to approve case ZC 11-026 with an amendment that the building eve height not exceed 17 feet. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 - Knox, Dudziak, Wheelwright, Davis, Rotthaus, Byerly Absent: 1 - Phelps ADJOURNMENT8. The meeting adjourned at 7:21 p.m. _______________________________________________________________ I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, December 9, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator Page 4City of Colleyville Printed on 1/17/2012 December 12, 2011Planning and Zoning Commission Minutes - Final The meeting minutes were approved on January 9, 2012. Page 5City of Colleyville Printed on 1/17/2012 Planning and Zoning Commission City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Minutes - Final 6:15 PM City Council ChambersMonday, January 9, 2012 LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING CALL TO ORDER1. The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on January 9, 2012. ROLL CALL2. Present: Commissioners Larry Knox, David Wheelwright, Don Davis , Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Dave Dudziak Staff Present: Ron Ruthven, Marty Wieder, and Amy Shelley INVOCATION3. The invocation was given by Commissioner Wheelwright. PLEDGE OF ALLEGIANCE4. APPROVAL OF MINUTES5. Commissioner Rotthaus moved to approve the December 9, 2011 meeting minutes as written. Commissioner Davis seconded. Page 1City of Colleyville Printed on 1/24/2012 January 9, 2012Planning and Zoning Commission Minutes - Final The motion carried by the following vote: Aye: 6 - Knox, Wheelwright, Davis, Rotthaus, Phelps, Byerly Absent: 1 - Dudziak CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA6. None PUBLIC HEARING AGENDA ITEMS7. Approval of a request to rezone 4.8 acres from RE-Single Family "Estate" Residential to PUD-C-Planned Unit Development Commercial on Lots 1A and 2, Block 1, of the Wildwood Estates Addition located at 5604 and 5700 Pool Road, Case ZC11-027 7a Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:06 p.m. Dan Tanksley, representing the applicant, came forward to present the case and brief the Commissioners. Commissioner Davis questioned Mr. Tanksley regarding if the main purpose of this development is for the overflow of parking. Mr. Tanksley stated that the church does need some overflow parking but that this development will be a positive impact to the community. Commissioner Phelps questioned Mr. Tanksley regarding what assurances can be given to the neighbors that the other portion of the open fields will not become parking spaces. Mr. Tanksley stated that the church is set up for multiple worship services which overlap with each other that have caused the need for additional parking. He further stated that there will not be a need for additional spaces. Commissioner Phelps questioned Mr. Tanksley regarding what type of sports will be participating on the fields. Mr. Tanksley stated mostly younger children, more so with special needs for soccer but not baseball. Commissioner Phelps questioned Mr. Tanksley regarding if the proposed plan had conditions placed that there be no scoreboard, bleachers, etc., would that be an issue? Mr. Tanksley replied that he did not think so . Louie Barrillo, with Compass Christian Church, came forward and explained that the fields would be used more for practice during the week and not for games that would need scoreboards or sound systems. Commissioner Phelps questioned Mr. Tanksley regarding if daytime use of the fields would be sufficient. Mr. Tanksley replied yes. Page 2City of Colleyville Printed on 1/24/2012 January 9, 2012Planning and Zoning Commission Minutes - Final Commissioner Rotthaus questioned Mr. Tanksley regarding the placement of the basketball goal, could it be moved more centrally north near the parking lot so that it is away from the residential since it will be lit? Mr. Tanksley replied that the church would be open to those suggestions to have a minimal impact on the neighborhood. Commissioner Davis questioned Mr. Tanksley regarding the open corn field. Mr. Tanksley stated that the property is not for sale. Commissioner Knox questioned Mr. Tanksley regarding if there is currently a fence in place next to the neighborhood to the west. Mr. Tanksley replied yes, those neighbors currently have a fence. He further stated that at the neighbor 's request, the church will be putting up a 10 foot privacy fence. Commissioner Knox questioned Mr. Tanksley regarding if the new fencing will be adjacent to the existing fence or will there just be one fence in place? He further explained the concern for there being space between the two fences that would cause maintenance issues. Mr. Tanksley replied that they have no intention of having the space between and they plan to replace the owner 's fencing however,they will have to work with those neighbors and if those neighbors are not willing to do so then the church will place a fence on the church's property. There being no one wishing to speak, the public hearing was closed at 7:27 p.m. Commissioner Byerly opened the public hearing at 7:27 p.m. Brandon Neisios, 7503 Kings Court, came forward and spoke in favor of the request. He further questioned the Commissioners regarding if this development does not happen would the property revert back to residential or would it be open for any commercial? Frank Yin, 2501 Kings Court, came forward and stated he looked forward to the Commissioners response to the previous speaker 's question. He further stated he wanted the green space between the development and his property. Agnes Yin, 2501 Kings Court, came forward and stated being concerned that if this development does not happen what will happen to the zoning , will it revert back to residential? Charlotte Sanders, 5500 and 5600 Pool Road, came forward and spoke in opposition to the rezoning request. She further stated having concerns for the noise with the facility. Page 3City of Colleyville Printed on 1/24/2012 January 9, 2012Planning and Zoning Commission Minutes - Final There being no one wishing to speak, the public hearing was closed at 7:33 p.m. Ron Ruthven stated that the PUDC will have its own ordinance with its own set of provisions and that if the church decided not to develop the property, as requested with the ordinance and its provisions, then the PUD would have to be amended during the public hearing process. Commissioner Byerly stated that the specific uses for this property would be restricted to a covered pavillion, a basketball goal, parking spaces and an open field area for practicing sports. Commissioner Phelps questioned staff regarding what the future land use plan will represent if this zoning changes from residential to commercial. Ron Ruthven replied that the future land use plan would represent institutional. Ron Ruthven stated that this property will have to develop just as the ordinance conveys. Commissioner Phelps questioned staff regarding if the zoning request can be contingent upon the sale of the property. Ron Ruthven replied not on the rezoning. Commissioner Phelps questioned staff regarding if a time limit could be placed on the request that if it is not developed within one year or 18 months, then the rezoning would revert back to residential. Ron Ruthven replied that the Commissioners could add the use of residential into the ordinance therefore allowing the property to be developed as residential however the PUD zoning would still be in place but residential would then be allowed. Mr. Tanksley answered Mr. Yin's concern and stated that there will be a 20 foot landscaped buffer. Commissioner Phelps questioned Mr. Tanksley regarding if there will only be one fence. Mr. Tanksley replied yes, that is the plan, however, he stated they are not able to trespass onto the neighbor's properties. Commissioner Phelps stated that he agreed that the basketball court would need to be moved or maybe a distance restriction put within the residential that no lighted structure would be within 50 or 75 feet of the property line. He further stated that he would like to add specific restrictions on other structures not being allowed on the athletic fields . He stated he would like to add some provision to the ordinance that this property would revert back to residential if the development does not occur within one or two years so that the future land use is not compromised. Page 4City of Colleyville Printed on 1/24/2012 January 9, 2012Planning and Zoning Commission Minutes - Final Commissioner Knox questioned staff regarding if the proposed development has the maximum amount of paving? Ron Ruthven replied that it shall be generally consistent with the conceptual site plan. He stated that at least 50 percent of open space is required therefore the open space could not be paved over. Commissioner Byerly stated not being in favor of the reverting back to residential. He stated if the proposed request is not acceptable, then the request should be denied. Commissioner Phelps stated there are factors that are not controlled by the Commission. He stated that he likes the request, but that if this is not developed, then he is not in favor of another commercial type zoning , such as industrial. Commissioner Phelps moved to approve case ZC 11-027 with the following conditions: 1) that the athletic fields not have lighting, stadium seating, score boards or signage 2) that no lighting be permitted within 50 feet of the east and south property lines 3) that the zoning would revert back to residential if the development did not commence within one year (the same language used for a special use permit ). Commissioner Rotthaus seconded. Commissioner Phelps stated the applicant could leave the basketball court where it is on the conceptual site plan as long as it is not lit , however, if the court is to be lit, then it would need to be at least 50 feet away from the adjacent residential area or the court could be limited to daytime hours only. Commissioner Phelps questioned Mr. Tanksley regarding if they are willing to work with the conditions. Mr. Tanksley stated that they are fine with the conditions and that they may move the basketball court to be able to keep the lighting. He stated that they would prefer the property to revert back to residential if the church does not develop it within two years so that the property is more marketable to sell. He stated that they are not purchasing this property for an investment. He stated they are working with the deed restrictions on this property which may take 12 months or longer, therefore the time restriction condition may hurt the church development. Commissioner Davis stated being willing to give the church two years to be able to develop. Commissioner Phelps questioned staff regarding if the church did need an extension, what would the process be to extend the time frame? Ron Ruthven replied they would have to come back and amend the PUD and Page 5City of Colleyville Printed on 1/24/2012 January 9, 2012Planning and Zoning Commission Minutes - Final go back through the public hearing process. Commissioner Phelps stated he would amend his motion from a one year to a two year time frame to develop. Commissioner Byerly stated not being in favor of a time limit. He further explained that if this is a good use for the property then vote in favor of the request if not then deny the request. The motion carried by the following vote: Aye: 4 - Wheelwright, Davis, Rotthaus, Phelps Nay: 2 - Knox, Byerly Absent: 1 - Dudziak Approval of a request to amend the Special Use Permit to allow for outside vehicle sales on Lot 1R, Block 1, of the Nystel Addition located at 1815 John McCain Road, Case ZC11-028 7b Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 8:03 p.m. Andy Gardner, applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Knox questioned Mr. Gardner regarding if the vehicles will be left out overnight. Mr. Gardner replied no. Commissioner Byerly questioned Mr. Gardner regarding if there will be any additional signs on the property. Mr. Gardner replied that there will be no additional signage on the property. Commissioner Phelps questioned Mr. Gardner regarding the loading and unloading of the vehicles on the transport trucks, is this property conducive to this type of use or would this use be better at another location? Mr. Gardner replied that he would like to be located along SH114 on a million dollar property, however that 's not possible. He stated that they work really hard not to restrict the traffic flow on John McCain when they are loading or unloading vehicles. He further stated that they keep the property clean and maintained. Commissioner Phelps questioned Mr. Gardner regarding when new vehicles are moved in or out of the property. Mr. Gardner replied that the trucks move in after 9 a.m. and before 5 p.m. Commissioner Phelps questioned Mr. Gardner regarding if there are times when the driver may arrive earlier. Mr. Gardner replied Page 6City of Colleyville Printed on 1/24/2012 January 9, 2012Planning and Zoning Commission Minutes - Final occasionally they do, but rarely, and they can just pull into the parking area. He further stated that he has no control over when the drivers arrive, but when they do arrive he makes sure that someone is there to receive the truck and get them in the parking area so that traffic is not impacted. Commissioner Phelps questioned Mr. Gardner regarding if a staging area could be used so that the large trucks are not blocking traffic or idling in the parking lot when they arrive early. Mr. Gardner replied not having control over another piece of property where something like that can be done. He stated he has control over his lot. Mary Huffman, 7309 Trianon Court, spoke in opposition to this request and stated that the commercial uses should not be in this area. John Dees, 7200 Marantha Court, spoke in opposition to this request and stated having concerns for the traffic and the idling of trucks during the night. There were five speakers who chose not to speak but wished to register their opposition to this request. There being no one wishing to speak, the public hearing was closed at 8:21 p.m. Commissioner Byerly questioned Mr. Gardner regarding if there are any alternate plans for the loading and unloading of vehicles. Mr. Gardner replied that the request is not for whether or not this will be a car dealership, it's simply if the business will be allowed to park cars out in the front area for sale. He further stated that his business plan has not changed and the trucking situation will not change. Commissioner Knox questioned Mr. Gardner regarding if he would be willing to put in a gate so that the truckers would have to return if they came earlier than when the business is open? Mr. Gardner replied that could be an option, but they would have to decide when to open the gate. He stated the gate will not help the situation. Commissioner Phelps stated that the truck deliveries are restricted to 9 a.m. to 3 p.m., Monday through Friday, therefore if the trucks are arriving earlier then they are in violation of the current ordinance. Commissioner Phelps questioned Mr. Gardner regarding how many deliveries are made each day. Mr. Gardner replied that there may be three deliveries in three hours and then there are some days when there are no deliveries being made at all. Page 7City of Colleyville Printed on 1/24/2012 January 9, 2012Planning and Zoning Commission Minutes - Final Commissioner Phelps commended Mr. Gardner regarding the improvement of the property from the previous business owner. He stated being concerned about the delivery times and the lack of enforcement of those delivery times as indicated in the ordinance. Ron Ruthven stated that the delivery times are clear in the ordinance and may not be outside of that window. He stated that if trucks are coming in during the night, then the truck will have to stage somewhere else. He also stated that if the truck were to come into the parking lot area and turn off the engine and lights, then the spirit of the ordinance is being met. Commissioner Phelps stated that given the nature of how the trucks have to get into the parking lot area, if those trucks are early, then the spirit of the ordinance is not met. Ron Ruthven concurred. Commissioner Wheelwright stated that the trucks are an issue for the neighbors and will become more of an issue especially if the business grows as the applicant has stated. He stated that, with regard to the gate, there may be an issue with that as well, but it could also help to enforce the current ordinance. It will push the trucker to drive somewhere else and stage until the time of delivery. Commissioner Davis stated most of these truckers are independent contractors and they will do what they want to do. He stated he would imagine that the truckers are being asked to deliver at a certain time. Ron Ruthven stated that if there is a gate, then the trucker will have to continue down John McCain to Westcoat and the conditions do not get any better for a truck to turn around. Commissioner Byerly commended Mr. Gardner regarding the improvement of the property. He stated it is a fairly low impact use and that the gate would be counterproductive. He urged Mr. Gardner to come up with some alternatives, with some of these issues raised, since they will probably come up during the City Council discussion. Commissioner Phelps stated that the gate is an alternative but he urged the applicant to keep the deliveries to the time frame specified within the existing ordinance. Commissioner Byerly questioned staff regarding parking for customers . Ron Ruthven replied that one per 300 square feet of gross floor area is required, specifically, the display and office area, which would require about six to seven parking spaces be open for customers. Commissioner Wheelwright questioned Commissioner Byerly, since he Page 8City of Colleyville Printed on 1/24/2012 January 9, 2012Planning and Zoning Commission Minutes - Final was present during the original request, regarding if there was a reason that the outside vehicle sales was prohibited on the original SUP request? Commissioner Byerly stated that the applicant never asked for outside sales in the beginning. Commissioner Byerly moved to approve case ZC 11-028 with the following conditions: 1)that there be no parking outside overnight of inventory 2)that there be no additional signage 3)that there be no idling or lights on delivery trucks after business hours. Commissioner Davis seconded. Commissioner Phelps questioned staff, for clarification, regarding if the last part of the motion opens up the ability for deliveries to be made after delivery hours. Ron Ruthven stated that language could be added that trucks could be staged on site after business hours but shall not idle or have lights on outside of the 9 a.m. to 3 p.m. times. Commissioner Wheelwright questioned staff regarding if this use would open up the surrounding businesses to have vehicle sales. Ron Ruthven replied that they would have to apply for an SUP as well. The motion carried by the following vote: Aye: 5 - Knox, Davis, Rotthaus, Phelps, Byerly Nay: 1 - Wheelwright Absent: 1 - Dudziak ADJOURNMENT8. The meeting adjourned at 8:48 p.m. _______________________________________________________________ I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 6, 2012 by 5:00 p.m. Amy Shelley, Community Development Coordinator The meeting minutes were approved on January 23, 2012. Page 9City of Colleyville Printed on 1/24/2012 RESOLUTION R-12-3466 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF FEBRUARY 7, 2012 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, ________NAYS AND ________ ABSTENTIONS ON THIS THE ________ DAY OF ________________________ 2012. ATTEST:CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor