The URL can be used to link to this page

Home My WebLink AboutCity Council-Agenda Packets-10/16/2007:~ ~~~` ~~ ~~~' rs l., City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, October 16, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 PC-2 PC-3 PC-4 1. Discussion of Joint City Council and Planning and Zoning Commission meeting topics Presentation of the Monthly Financial Report -September 2007 Discussion of the process for filling an unexpired term on the Celebrate Colleyville Steering Committee Discussion of the October 16, 2007, City Council regular agenda items EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager City of Colleyville Page 1 Printed on 10/12/2007 City Council Agenda October 16, 2007 Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Dale Molden, First Baptist Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-07-2895 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation In recognition of Chamber of Commerce Week, October 15-19, 2007 - Steve Ewing, Chairman of the Board, Colleyville Area Chamber of Commerce Presentation In recognition of employees for years of service 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2896 4a Approval of the minutes of the regular City Council meeting held on October 2, 2007 4b Approval to enter into a janitorial services agreement with ABM Janitorial Services, through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,605.00, and authorize the City Manager to execute the contract 4c Approval of a contract with High Sierra Electronics for advance flood warning system lights for low water crossing sites, in an amount not to exceed $206,112.20, and authorize the City Manager to execute the contract City of Colleyville Page 2 Printed on 10/12/2007 City Council Agenda October 16, 2007 4d Approval of the renewal of the Interlocal Cooperation Agreement with the North Central Texas Council of Governments (NCTCOG) for operation of commuter rail services, and authorize the City Manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1643 Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1644 Consider an amendment to the Master Thoroughfare Plan to remove Heritage Avenue from Glade Road to Cheek Sparger Road, Case G-07-016 6b 0-07-1645 Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case Z-07-008 6c 0-07-1646 Approval of Amendment to Chapter 14-Animals of the Colleyville Code of Ordinances to add Section 14-27 Horse-Drawn Carriages and update Section 14.1 Definitions, Case G-07-019 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Parks and Recreation Advisory Board Minutes -September 10, 2007 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 16, 2007 -Reading and Public Hearing -Resolution R-07-2897 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 12, 2005, by 5:00 p.m. City of Colleyville Page 3 Printed on 10/12/2007 City Council Agenda October 16, 2007 ~~~/~~ Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 10/12/2007 ,~ ~ ~ 100 Main Street City/ of Colle ville ~ ,7 y Coll X81'7) 03X1000 034 ~~~~~~~ Agenda Briefing www•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 10/16/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-1 Final Action: Manager File Name: Discussion of Joint City Council and Planning and Zoning Commission meeting topics Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 10/16/2007 City Council Title Discussion of Joint City Council and Planning and Zoning Commission meeting topics Explanation This item provides an opportunity for discussion of meeting topics for a Joint City Council and Planning and Zoning Commission meeting. City of Colleyville Page 1 Printed on 10/10/2007 ~~~~ 100 Main Street ~ ~ ~ City of Colleyville Colleyville, Texas 76034 _ (817) 503-1000 n,-"" Agenda Briefing ~v~v~colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 10/16/2007 Status: Pre Council Controlling Body: City Council Requester: Finance Department Agenda No.: PC-2 Final Action: File Name: Presentation of the Monthly Financial Report -September 2007 Attachments: September 2007 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/16/2007 City Council Title Presentation of the Monthly Financial Report -September 2007 Explanation General Fund The percentage of current year taxes collected for Fiscal Year (FY) 2007 was 99.22%. This is the third highest annual collection rate for ad valorem taxes. Sales tax revenue received in September was up $25,177.00 (16.9%) over the amount received in September 2006 and the sales tax revenue received in October 2007 was up $24,738 (16.63%) over the amount received in October 2006. Per governmental accounting rules, sales tax revenue received in October 2007 and November 2007 is recorded as FY 2007 revenue, these numbers are not reflected in the attached report. Seven residential building permits were issued in September, as compared to ten issued in September 2006. Municipal Court revenues are up due to a greater number of citations issued. The average amount expended by the departments at the end of September 2007 is 98.0%. Utility Fund Water usage decreased as compared to the amount sold through September 2006, due to the dry conditions that were occurring during that time and record rainfall received in 2007. The average amount expended by the Utility Fund at the end of September 2007 is 97.6%. City of Colleyville Page 1 Printed on 10/11/2007 MONTHLY FINANCIAL REPORT -SEPTEMBER 2007 GENERAL FUND FY 2007 REVENUE SOURCE BUDGET Current Taxes $8,015,166 Delinquent Taxes 65,000 Penalty & Interest 45,000 TOTAL AD VALOREM TAXES $8,125,166 TXU Electric Tri-County Electric Atmo Gas SBC Communications Verizon/Others Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits TOTAL LICENSES & PERMITS Fines False Alarms Library Fines TOTAL FINES $892,263 95,000 270,000 114,000 59, 500 101,400 161,000 $1,693,163 $2, 210,191 80,000 $2,290,191 $1, 006, 396 122,064 59, 230 102,158 57,273 155,839 3,384 1,750 6,650 7,500 12,000 $1, 534,244 I~, i $565,000 35,000 20,400 $620,400 RECEIVED AS OF 9/30/2007 $8,029,070 49,836 59,685 $8,138, 590 $933,754 102,109 279, 061 120,119 50, 883 116,010 177,438 $1,779,374 $2,108, 941 89,132 $2,198,073 $764,939 83,668 58,443 75, 387 64,999 161, 224 2,726 1,488 7,945 7,200 16,200 $1,244,219 $809, 864 47,000 29,063 $885,927 PROJECTED AS OF 9/30!2007 $8,015,161 65,001 45,001 $8,.125,161 $892,263 95, 000 270,000 114, 000 59, 500 101,400 161,000 $1,693,163 $2, 210,191 80, 000 $2,290,191 $1, 006, 396 122,064 59,230 102,158 57,273 155, 839 3, 384 1,750 6, 650 7, 500 12,000 $1,534,244 $565,000 35,000 20,400 $620,400 RECEIVED AS OF 9/30/2006 $7,474,860 53, 892 57,690 $7,586,442 $943, 812 85,963 334,347 112,075 53,150 103,933 157,263 $1,790,543 $2,267,586 76, 005 $2,343,591 $1,278,525 126,203 71,412 115,891 57,137 247,533 1,551 1,603 8,085 7,475 15,850 $1,931,265 $729,740 31,775 23,823 $785, 338 PERCENT CHANGE 7.41 -7.53% 3.46% 7.28°l° -1.07% 18.78% -16.54% 7.18% -4.27% 11.62% 12.83% 0.62% -7.00% 17.27% -6.21 %' -40.17% -33.70% -18.16% -34.95% 13.76% -34.87% 75.76% -7.17% -1.73% -3.68% 2.21 35:57% 10.98% 47.92% 22.00% 12.81 °!° MONTHLY FINANCIAL REPORT -SEPTEMBER 2007 RECEIVED PROJECTED RECEIVED REVENUE SOURCE FY 2007 AS OF AS OF AS OF PERCENT BUDGET 9/30/2007 9/30/2007 9/30/2006 CHANGE Re-zoning $11,939 $18,673 $11,939 $12,520 49.15% Plat Fee/Site Plan 21,799 25,668 21,799 28,741 -10.69% Board of Adjustment 2,000 3,375 2,000 1,910 76.70% Sale of Material 2,891 3,547 2,891 2,650 33.85% Weed Mowing 1,954 8,091 1,954 1,880 330.37% Animallmpoundment 3,350 5,263 3,350 4,605 14.29% Ambulance 216,000 269,860 216,000 221,461 21.85% Recreation Program 137,625 129,633 137,625 143,635 -9.75% Non-Resident Fee Parks 14,500 24,445 14,500 22,505 8.62% Field Use Charge 21,760 17,600 21,760 16,417 7.21% Engineering & Inspection 80,000 143,895 80,000 107,469 33.89% Chgs & Reimbursements 3,500 9,611 3,500 3,511 173.74% Colleyville Center Rental 190,000 223,040 190,000 242,166 -7.90% Library Building Rental 100 0 100 60 -100.00% Lot Drainage Inspection Fee 30,625 20,125 30,625 36,500 -44.86% TOTAL CHARGES FOR SERVICE $738,043 $902,826 $738,043 $846,030 6.71%° DARE Officer Reimbursement $81,443 $81,443 $81,443 $77,566 5.00% TOTAL INTERGOVERNMENTAL $81,443 $81,443 $81,443 $77,566 5.00%' Sale of Surplus Property $10,000 $0 $10,000 $22,903 -100.00% Interest Income 382,500 432,603 382,500 455,240 -4.97% Miscellaneous 45,000 74,998 45,000 52,628 42.51% Use of Available Cash 145,250 0 145,250 0 0.00% Celebrate Colleyville Revenue 0 650 0 3,950 -83.54% Antenna Lease 68,275 74,303 68,275 64,692 14.86% TOTAL MISCELLANEOUS $651,025 $582,554 $651,025 $599,413 -2.81% Transfer from Utility Fund $544,701 $664,085 $0 $532,357 0.00% TOTAL TRANSFERS $544,701 $664,085 $0 $532,357 0.00% TOTAL GENERAL FUND REVENUES $16,278,376 $16,477,091 $15,733,675 $16,492,545 -0.09% MONTHLY FINANCIAL REPORT -SEPTEMBER 2007 TOTAL FY 2007 THROUGH THROUGH INCREASE BUDGET 9/30/2007 9/30/2006 (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 99.22% 99.27% -0.05% RESIDENTIAL BLDG PERMITS 245 139 270 (131) COMMERCIAL BLDG PERMITS 10 30 29 1 PLUMBING/MECHANICAL PERMITS 900 1,513 1,516 (3) ELECTRICAL PERMITS 400 563 636 (73) C-TATIONS ISSUED 9,700 12,438 11,624 814 CITATIONS APPEALED 270 704 398 306 PERCENT INCREASE (DECREASE) -0.05% -48.52 3.45% -0.20% -11.48% 7.00% 76.88% GENERAL FUND EXPENSES City Council and Secretary City Manager Finance Legal Human Resources Engineering Economic Development Building Inspection Community Development Fire Police Parks Recreation Library Communications Colleyville Center Streets & Drainage Municipal Court Fleet Maintenance Building Services Information Services Capital Equipment Reserve Performance Pay TOTAL EXPENSES EXPENDED YEAR-TO-DATE FY 2007 THROUGH PROJECTED BUDGET 9/30/2007 EXPENDITURES $541,285 $453,476 $541,285 596,976 595,229 596,976 451,022 443,015 451,022 106,823 93,208 106,823 186,844 181,624 186,844 551,641 550,688 551,641 170, 452 166, 261 170, 452 460,067 459,242 460,067 299,856 299,129 299,856 3,517,422 3,516,676 3,517,422 3,791,832 3,791,570 3,791,832 1,325,530 1,265,119 1,325,530 291,027 283,075 291,027 589,608 585,274 589,608 156,904 156,134 156,904 348,201 340,529 348,201 1,747,299 1,722,298 1,747,299 235,216 234,431 235,216 189, 988 180, 353 189, 988 247,680 235,054 247,680 264,549 263,969 264,549 135, 000 135, 000 135, 000 67,500 0 68,500 $16,272,722 $15,951,354 $16,273,722 EXPENDED 100.00% OF THE YEAR COMPLETED 83.8% 99.7% 98.2% 87.3% 97.2% 99.8% 97.5% 99.8% 99.8% 100.0%' 100.0% 95.4% I 97.3%' 99.3% 99.5% 97.8%' 98.6%~ 99.7%% 94.9%I 94.9%, 99.8%I', 100.0%I 0.0% 98.0% BUDGET REMAINING- $87,809 1, 747 8, 007 13,615 5,220 953 4,191 825 727 746 262 60,411 7,952 4, 334 770 7,672 25, 001 785 9,635 12,626 580 0 67,500 $321,368. MONTHLY FINANCIAL REPORT -SEPTEMBER 2007 UTILITY FUND RECENED PROJECTED RECEIVED FY 2007 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET 9/30/2007 9/30/2007 9/30/2006 CHANGE Water Sales $7,152,284 $6,198,799 $7,152,284 $9,153,333 -32.28% Sewer Sales 2,173,056 2,108,684 2,173,056 1,914,756 10.13% Sewer Installation 22,900 21,400 22,900 48,700 -56.06% Water installation 44,800 41,530 44,800 76,840 -45.95% Sewer Tie-on Charges 5,000 20,908 5,000 12,339 69.45% Engineering Charges 35,000 76,839 35,000 555,018 -86.16% Penalties 153,730 155,303 153,730 175,263 -11.39% Miscellaneous 10,000 31,241 10,000 14,693 112.63% TOTAL OPERATING INCOME $9,596,770 $8,654,704 $9,596,770 $11,950,942 -27.58% Interest Income $300,000 $548,728 $300,000 $609,072 -9.91% TOTAL NON-OPERATING INCOME $300,000 $548,728 $300,000 $609,072 -9.91% TOTAL INCOME $9,896,770 $9,203,432 $9,896,770 $12,560,014 -26.72% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 9/30/2007 9/30/2006 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 1,872,027,700 2,949,663,100 (1,077,635,400) -36.53% NUMBER OF WATER CUSTOMERS 8,700 8,561 139 1.62% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2007 THROUGH PROJECTED 100.00% OF THE BUDGET BUDGET 9/30/2007 EXPENSES YEAR COMPLETED REMAINING Administration $211,794 $199,130 $211,794 94.0% $12,664 Billing 429,462 321,673 429,462 74.9% 107,789 Operations 6,910,588 6,797,250 6,910,588 98.4% 113,338 Debt Service 1,133,666 1,133,666 1,133,666 100.0% 0 Merit Adjustment 107,164 0 107,164 0.0% 107,164 Transfer to General Fund 544,701 664,085 544,701 121.9% (119,384) TOTAL EXPENSES $9,337,375 $9,115,804 $9,337,375 97.6% $221,571 ~"~-`~~ 100 Main Street ~ City of Colleyville CoII 8117) 03X1000034 ``~'" Agenda Briefing www•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Secretary Agenda Date: 10/16/2007 Agenda No.: PC-3 Controlling Body: City Council Final Action: File Name: Discussion of the process for filling an unexpired term on the Celebrate Colleyville Steering Committee Attachments: Larry Johnson Resignation Letter dated October 3, 2007.pdf Celebrate Colleyville Steering Committee Roster.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/16/2007 City Council Title Discussion of the process for filling an unexpired term on the Celebrate Colleyville Steering Committee Explanation On October 3, 2007, Mr. Larry Johnson, whose term expires December 2008, resigned from the Celebrate Colleyville Steering Committee. In accordance with the City Council Rules of Procedure, Section VII. Procedures for City Council Appointments, Section 7.2: In the event of a vacancy other than an expiring term, the City Council may fill the position by a majority vote of the City Council without advertising. The appointee shall serve the unexpired term. Applications are currently being accepted for positions on the Celebrate Colleyville Steering Committee whose terms expire December 2007. City Council may wish to fill the open position at the next City Council meeting of November 6, 2007, without advertising or during the December 18, 2007, City Council meeting when appointments will be considered for regular terms of office. Therefore, staff is requesting direction whether to place an item on the November 6, 2007, City Council agenda for consideration of appointment to fill the unexpired term or to advertise the position and City Council will consider the appointment on December 18, 2007. City of Colleyville Page 1 Printed on 10/9/2007 From: Larry Johnson Sent: Wednesday, October 03, 2007 9:50 AM To: Mona Gandy Subject: RE: October 3 Meeting Packet Mona, Once again, I will not be able to make this meeting. When I applied for membership on this board, my work schedule was very loose. I was appointed and suddenly, everything changed. I regret that I have not been able to make the meetings and will likely not do so in the near future. Please accept my resignation from this board and extend my apologies to the participating members for not contributing. Larry B. Johnson www.effectivejewel rXdisplay.com Pacific Northern Office (972) 512-9072 Cell (972) 743-2970 Nome (817) 858-0552 Celebrate Colleyville Steering Committee VACANT TERM: December 2006 - 2008 Pete Challinor 3403 Queensbury Way Colleyville, TX 76034 W: 817.291.9911 H: 817.291.9911 petechallinorCcD_sbcolobal.vet TERM: September 2006 -December 2007 Stanley Hall 6100 Hillbrook Drive Colleyville, TX 76034 W: 214.502.6589 H: 817.488.2996 sha1110593(c~hotmail.com TERM: April 2005 -December 2007 Richard Myers 99 Main Street, Suite 200 Colleyville, TX 76034 W: 817.488.4200 x102 H: 817.428.4028 F: 817.424.2448 myersCcD Reaitvcapital.com TERM: April 2005 -December 2007 Nancy Carroll 32 Villages Lane Colleyville, TX 76034 W: 817.732.1515 H: 817.503.7237 ncarrollCrDtxtitleattornev.com TERM: July 2007 -December 2008 Jerome Davis 1704 Avalon Colleyville, TX 76034 H: 817.571.2153 ier davCrDsbcplobal.net TERM: September 2006 -December 2007 Michael Muhm 6607 Connie Lane Colleyville, TX 76034 W: $17.329.3202 H: 817.329.3202 F: 817.488.8829 mtmuhmCcacomcast.n et TERM: April 2005 -December 2007 Jennifer Patterson 509 Frontier Court Collevyille, Texas 76034 W: 817.812.2853 H: 817.577.7420 M: 972.741.9169 ien niferCoai marketinncorp.com TERM: April 2007 -December 2008 Ret Stansberger 1008 Clear Lake Court Colleyville, Texas 76034 W: 817.488.7148 H: 817.498.4055 F: 817.488.4242 retCc~col lewi I lecham ber. oro TERM: April 2007 -December 2007 Tom Westerman 308 Oak Valley Colleyville, TX 76034 H: 817.485.0911 M: 817.300.0881 00026011 Cc~airmail.net TERM: -December 2008 COUNCIL LIAISON Jason Williams Carol Wollin 5611 Colleyville Blvd, Suite 240 4600 Dartmoore Lane Colleyville, Texas 76034 Colleyville, TX 76034 W: 214.333.5890 H: 817.281.3058 H: 817.274.8787 wollincCD_ci.collewille.tx.us F: 214.333.5891 iasonwta'~.dbu.edu TERM: April 2007 -December 2007 _..__ Revised 07-11-?007 c}~~~ ~y ~~ ~~t~ ,,., , City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 10/16/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Secretary File Name: Discussion of the October 16, 2007, City Council regular agenda items Attachments: History of Legislative File Version: Date: .Acting Body: Action Text: 1 10/16/2007 City Council Title Discussion of the October 16, 2007, City Council regular agenda items City of Colleyville Page 1 Printed on 10/8/2007 ;~a~~ ,~ =~~~ ~~ City of Colleyville Colley0v0'ille,aTexas 76034 ~`~ (817) 503-1000 '"`' Agenda BYlefltlg www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 10/16/2007 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -October 16, 2007 Attachments: History of Legislative File Controlling Body: Ciry Council Final Action: Version: Date: Acting Body: Action Text: 1 10/16/2007 City Council Title Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal - Discussion of pending litigation - Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel -Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Cify of Colleyville Page 1 Printed on 10/3/2007 RESOLUTION R-07-2895 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 16, 2007 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 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor !'~.~? Cit of Colle V~~~e Colleyv0'~IIe,aTexas76034 `~' ~' ~ ~ ~ ~ (817) 503-1000 r~~~~~ Agenda Briefing ~~colleyville.com File Number: File Type: Presentation or Proclamation Status: Presentations or Proclamations Controlling Body: City Council Final Action: Version: 1 Agenda Date: 10/16/2007 Requester: Office of the City Agenda No.: 3 Secretary File Name: Presentations and Proclamations -October 16, 2007 Attachments: Chamber of Commerce Week Proclamation .pdf Employee Years of Service Recognition.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/16/2007 City Council Title Proclamation In recognition of Chamber of Commerce Week, October 15-19, 2007 - Steve Ewing, Chairman of the Board, Colleyville Area Chamber of Commerce Presentation In recognition of employees for years of service City of Colleyville Page 1 Printed on 10/9/2007 rocC~nt~tion Colleyville, Texas WHEREAS: the Colleyville Area Chamber of Commerce has distinguished itself as the voice of business; and WHEREAS, the work done by the Colleyville Area Chamber of Commerce has benefited the City of Colleyville through economic and community developmert programs; and WHEREAS, the Colleyville Area Chamber of Commerce has unceasingly promoted the community for quality growth and development; and WHEREAS, the business community, represented by the Colleyville Area Chamber of Commerce, has been a driving force in fostering enhanced educational opportunities, infrastructure improvements, leadership development, the creation of jobs and a positive vision of the future; and WHEREAS, the Colleyville Area Chamber of Commerce has sought to achieve successful results for the City of Colleyville in a cooperative spirit with other organizations. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby proclaim October 15 -19, 2007, as CHAMBER OF COMMERCE WEEK and recognize the Colleyville Area Chamber of Commerce and many dedicated volunteers for their steadfast work on behalf of and in support of our city and encourage our citizens to congratulate them on their many accomplishments. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 16~h day of October 2007. EMPLOYEE LONGEVITY NAME POSITION/DEPARTMENT JENNIFER CHAVEZ CLAYTON HARRIS JOSHUA LARGE TIANA MCBURNEY WILLIAM SAVAGE RYAN VITEK CHARLES WALLACE STEVEN WESTER 1 YEAR POLICE OFFICER/POLICE DEPARTMENT UTILITY OPERATOR/PUBLIC WORKS MAINTENANCE/PARKS & RECREATION DISPATCHER/POLICE DEPARTMENT FIREFIGHTER/PARA/FIRE DEPARTMENT FIREFIGHTER/PARA/FIRE DEPARTMENT POLICE OFFICER/POLICE DEPARTMENT UTILITY OPERATOR/PUBLIC WORKS 5 YEARS CHAD BARTEE CITY ENGINEER/ENGINEERING 10 YEARS CYNTHIA SINGLETON CITY SECRETARY/CSO 20 YEARS KEITH DOVERS PROJECT INSPECTOR/ENGINEERING HIRE DATE 9/05/2006 9/18/2006 8/28/2006 9/25/2006 9/07/2006 9/05/2006 8/21 /2006 7/11 /2006 8/19/2002 9/08/1997 8/31 /1987 RESOLUTION R-07-2896 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF OCTOBER 16, 2007 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 held on October 2, 2007 b. Approval to enter into a janitorial services agreement with ABM Janitorial Services, through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,605.00, and authorize the City Manager to execute the contract c. Approval of a contract with High Sierra Electronics for advance flood warning system lights for low water crossing sites, in an amount not to exceed $206,112.20, and authorize the City Manager to execute the contract d. Approval of the renewal of the Interlocal Cooperation Agreement with the North Central Texas Council of Governments (NCTCOG) for operation of commuter rail services, and authorize the City Manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor "~~~ Ci of Colle Vl~~e 100 Main Street - ~ ty Y Colleyville, Texas 76034 City Council Minutes -Draft X817)503-1000 7 j www.colleyville.com City Council Tuesday, October 2, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 2, 2007, at 5:34 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Street Superintendent Jimmy Brock, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Community Development Coordinator Ron Ruthven, Economic Development Manager Scott Welmaker, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Matt McCombs, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Councilmember Rich Hendler was absent. PC-1 Discussion of the Integrated Storm Water Management Permit and Work Plan Public Works Director Steve Chutchian provided information regarding the Integrated Storm Water Management Permit and Work Plan and introduced Street Superintendent Jimmy Brock. Street Superintendent Jimmy Brock provided an overview of the Phase I and Phase II U.S. Environmental Protection Agency's (EPA) municipal storm water program, the City's storm water management plan and stated the City of Colleyville is considered one of the leading Phase li municipal storm sewer systems (MS4s) model cities in the region. Discussion ensued regarding illicit discharge detection and elimination, the City's public education and outreach program and enforcement procedures and penalties. Clty of Colleyville Page 1 Printed on 10/10/2007 City Council City Council Minutes -Draft October 2, 2007 PC-2 PC-3 PC-4 PC-5 Discussion of Proposed Horse-Drawn Carriage Ordinance Community Development and Business Strategies Director Chris Fuller introduced Community Development Coordinator Ron Ruthven who provided an overview of the proposed Horse-Drawn Carriage ordinance and permitting process. Discussion ensued regarding private and commercial use of carriages and care requirements for horses used in the service of a horse-drawn carriage. Presentation of Economic Development Quarterly Update Economic Development Manager Scott Welmaker presented an update of the Economic Development Initiatives and answered questions of the City Council. Discussion of selecting a date and time for the Joint City Council and Planning and Zoning Commission meeting The City Council determined a Pre Council agenda item on November 6, 2007, would provide for the discussion of land use policies, future residential and commercial development trends and a review of undeveloped acreage in the City. A joint City Council and Planning and Zoning Commission meeting may be scheduled to provide the Commission with an overview of the information. Discussion of the October 2, 2007, City Council regular agenda items There was general discussion of Consent item 4f regarding the process for abandonment of the roadway easement, regular agenda items 5a related to the Special Use Permit for alcohol sales and 7c, the Tarrant Appraisal District Board of Director nominations. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:43 p.m. City of Co/leyvlfle Page 2 Printed on 10/10/2007 City Council City Council Minutes -Draft October 2, 2007 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 2, 2007, at 7:30 p.m. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Economic Development Manager Scott Welmaker, Communicafions Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Matt McCombs, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present Councilmember Rich Hendler was absent. Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil ~ Butane v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter Clty of Col/eyvllle Page 3 Printed on 10/10/2007 City Council City Council Minutes -Draft October 2, 2007 D, Section 551.071, Legal, Section 551.072, Property, Section 551.74, Personnel, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:44 p.m. and reconvened at 7:30 p.m. INVOCATION: Bruce Neilsen, Church of Jesus Christ of Latter Day Saints 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-07-2889 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Caro! Wollin announced the Colleyville Garden Club, under a grant from Keep Colleyville Beautiful, began a wildflower and landscaping sanctuary project at the Webb House on October 1, 2007. Ms. Wollin expressed appreciation to Keep Colleyville Beautiful for the grant and the Colleyville Parks Department for their assistance with the landscaping. Mayor Kelly invited citizens to participate in Colleyville Night Out, a neighborhood crime prevention event, Tuesday, October 9, 2007. He further stated citizens may contact Community Services Police Officer Bill Hudgins for crime prevention information. Mayor Kelly announced the Mayor for a Day contest, which is open to Colleyville students in grades 2 through 7, to encourage youth involvement in City government. Students submit an essay addressing what they would do to make Colleyville the best city in North Texas. The winner will serve as honorary Mayor on Tuesday, November 6, 2007. Mayor Kelly presented a Proclamation to Fire Marshal Robert McKeown in recognition of Fire Prevention Month. Fire Marshal McKeown described enhancements to the fire prevention programs, which educate children in fire safety. Mayor Kelly presented a plaque in appreciation for service on the Senior Center Advisory Committee to Mr. Marion Jenkins. Mr. Jenkins expressed appreciation to the City Council for the Senior City of Colleyville Page 4 Printed on 10H0/2007 City Council City Council Minutes -Draft October 2, 2007 Center and invited citizens to visit the Center and enjoy the activities. Mayor Kelly presented a plaque in appreciation for service on the Senior Center Advisory Committee to Mr. Jim Moore. Mayor Kelly expressed appreciation to Mr. Jenkins and Mr. Moore for their vision and commitment to establishing a Senior Center. Councilmember Taylor stated Mr. Moore and Mr. Jenkins were dedicated members of the inaugural committee and expressed appreciation for their service. Mayor Kelly presented a plaque to Mr. John Gray in recognition of service on the Colleyville Economic Development Corporation Board of Directors. Mr. John Gray expressed appreciation for the opportunity to serve. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2890 4a Approval of the minutes of the regular City Council meeting held on September 18, 2007 4b Approval of an agreement with Brian P. Hanlon for the purchase of a life-size bronze firefighter as public art for the new Central Fire Station site, in the amount of $36,500.00, and authorize the City Manager to sign the agreement 4c Approval of renewing the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, and authorize the City Manager to sign the agreement 4d Approval of the Fiscal Year 2008 (FY2008) Agency Contractual Agreements for the Arts Council of Northeast Tarrant County, Alliance for Children, Safe Haven Tarrant County, Colleyville Heritage High School Project Graduation, Grapevine High School Project Graduation, Keller High School Project Graduation, Metroport Meals on Wheels, Mental Health Mental Retardation of Tarrant County, Grapevine Relief and Community Exchange (GRACE), Special Needs Assistance Partners (SNAP), Colleyville Area Chamber of Commerce, and authorize the City Manager to execute the agreements 4e Approval of a request for a street name change for Sanders Lane, Case G-07-018 Clty of Colleyville Page 5 Printed on 10/10/2007 City Council City Council Minutes -Draft October 2, 2007 4f Authorizing the abandonment of a roadway easement for Lots 3 and 4 of Tanglewood Addition, and authorize the City Manager to execute the agreement 4g Approval of amended agreement for professional services and employment of the City Manager 4h Approval of the Fiscal Year 2008 Annual Work Plan Mayor Kelly read Resolution R-07-2890 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 Taylor moved to approve Resolution R-07-2890. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1642 Approval of a request for a Special Use Permit for a wedding chapel and for on-premise alcohol sales an Lot 40R1 of the Village at Colleyville Addition located at 85 Piazza Lane, Case Z-07-031 Mayor Kelly read the caption of Ordinance 0-07-1642. 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 Taylor moved to approve Ordinance 0-07-1642. Councilmember Hart seconded the motion. Clty of ColleyvlUe Page 6 Printed on 10/10/2007 City Council City Council Minutes -Draft October 2, 2007 The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1643 Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 Mayor Kelly read the caption of Ordinance 0-07-1643. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a zoning change and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the existing driveway, the proposed driveway and the type of structure renovations. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2891 Consideration of an Appeal of the decision by the Sign Board of Appeals by Linda and Richard Seim, for a variance regarding a monument sign on Lot 1, Block 1 of the Southwest Colleyville Office Park Addition, located at 3951 Brown Trail, Case G-07-017 Mayor Kelly read Resolution R-07-2891 in its entirety. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a variance, provisions for a scrolling sign and stated the Sign Board of Appeals denied the request. Mayor Kelly opened the public hearing. Ms. Linda Seim, 3951 Brown Trail, provided information regarding the construction of the sign. City of Co/leyville Page 7 PNnted on 10H0/2007 City Council City Council Minutes -Draft October 2, 2007 Mr. James Polk, 3913 Tremont Circle, spoke in opposition to the proposed resolution and regarding the illumination and scrolling frequency of the sign and safety issues. Ms. Sharla Hermes, 3909 Tremont Circle, spoke in opposition to the proposed resolution and regarding safety issues, the impact of the sign on property values and requested the current sign ordinance be revised to prevent any scrolling signs within 200 hundred feet of residential property. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding institutional signs. City Council requested the Sign Board of Appeals review the current sign ordinance for possible revisions and provide recommendations to the City Council. Mayor Kelly moved to deny Resolution R-07-2891, without prejudice. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler 7b R-07-2892 Approval to suspend the October 25, 2007, effective date of the proposal by Atmos Energy Mid-Tex Division (Atmos) to implement new rates Mayor Kelly read Resolution R-07-2892 in its entirety. Community Development and Business Strategies Director Chris Fuller provided an overview of the recommendation to suspend the proposal by Atmos Energy to implement new rates. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-07-2892. Mayor Pro Tem Ayers seconded the motion. City of Colleyville Page 8 Printed on 10H0/2007 City Council City Council Minutes -Draft October 2, 2007 The motion carried by the following vote: 7c 8. 9. There was no one present wishing to speak concerning this item. Colleyville Trails and Sidewalks Committee Minutes -June 12, 2007 Senior Advisory Committee Minutes -August 16, 2007 Planning and Zoning Commission Minutes -September 10, 2007 There was no discussion of this item. 10. ACTIOI~l/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 2, 2007 -Reading and Public Hearing -Resolution R-07-2894 This resolution was not needed. Aye: 6 - David Kelly, Carol Woilin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler R-07-2893 Nominating candidates for the Tarrant Appraisal District Board of Directors Mayor Kelly read Resolution R-07-2893 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-07-2893 nominating Mr. John Eubanks for a position on the Tarrant Appraisal District Board of Directors. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Woilin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA REPORTS: City of Colleyville Page 9 Pr/nted on 10/10/2007 City Council City Council Minutes -Draft October 2, 2007 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Hart seconded the motion. Mayor Kelly adjourned the meeting at 8:13 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Col/eyv/l/e Page 10 Printed on 10/10/2007 .~~e~~~ ,c a r,„~.~: City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 vrww. co 1 1 eyv i l l e. co m File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Building Services Agenda Date: 10/16/2007 Agenda No.: 4b Controlling Body: City Council Final Action: File Name: Approval to enter into a janitorial services agreement with ABM Janitorial Services, through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,605.00, and authorize the City Manager to execute the contract Attachments: Bid No. 2007-161 -Annual Contract For Janitorial Services -Facilities Management -Per Price Unit History of Legislative File Version: Date: Acting Body: Action Text: 10/16/2007 City Council Title Approval to enter into a janitorial services agreement with ABM Janitorial Services, through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,605.00, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The City of Colleyville currently has a Cooperative Purchasing Agreement with Tarrant County, which allows the City to take advantage of contracts bid by the County. On September 25, 2007, Tarrant County Commissioners Court awarded Bid No. 2077-161 to ABM Janitorial Services. Acceptance of this bid option through the Cooperative Purchasing Agreement allows the City of Colleyville the same firm, fixed pricing, terms and conditions offered to Tarrant County until September 30, 2008. In Fiscal Year (FY) 2008, the janitorial services agreement with ABM Janitorial Services will include the Justice Center, City Hall, Public Library and Senior Center. Financial Impact It has been determined that funding for this contract is available in the FY 2008 Building Services Budget, line item 6285. This bid award allows for a savings of $2,420.00 over FY 2007 pricing. This savings will allow the City to provide additional services for areas exhibiting higher than anticipated public traffic, such as the Senior Center and Library. Annual expenditures for janitorial services in FY 2008 are estimated to be $125,605.00. City of Colleyville Page 1 Printed on 10/11/2007 Agenda Briefing Continued FACILITY HOURS PER WEEK ANNUAL COST City Hall/ Library Senior Center Justice Center Jail and Dispatch Ancillary Srvs/Spec. Events Recommendation Approval 40 Day/28 Night 12 Night 40 Day/20 Night 20 Day As Required TOTAL ANNUAL COST $ 44,271.00 $ 7,813.00 $ 39,063.00 $ 13,021.00 $ 21,437.00 $ 125,605.00 City of Colleyville Page 2 Printed on 10/11/2007 :c ~i :r m: REFERENCE NUMBER COMMISSIONERS COURT COMMUNICATION PAGE 1 OF DATE= 9/25/2047 SUBJ>rCT: BID N0.2Q0'7-1.61 -ANNUAL CONTRACT FOR JANITORIAL SERVICES - FACILITIES MANAGEMENT -PER UNIT PRICE COMMISSIONERS COURT ACTION REQUESTED: It is requested that the Commissioners Court award Bid No. 2007-I61, Annual Contract for Janitorial Services, far Facilities Management to the following vendors at the per unit price: Group 1 Buildings Primary Secondary Alternate Group 2 Buildings Primary Secondary Alternate Group 3 Buildings BACKGROUND: ABM Janitorial Services CTJ Maintenance, Inc. Member's Building Maintenance, LTD ABM Janitorial Services CTJ Maintenance, Inc. General Building Maintenance Company, Inc. Primary ABM Janitorial Services Secondary Member's Building Maintenance, LTD Alternate General Building Maintenance, Company, Inc. Notice of the County's intent to bid was advertised in local newspapers, as required by State statute, and posted on the Internet and at the American Indian Chamber of Commerce, the Fort Worth Metropolitan Black Chamber of Commerce, the Fort Worth Hispanic Chamber of Commerce, and the Tarrant County Asian American Chamber of Commerce. Twenty-six (26) vendors were contacted and requested to participate in this bid process. Bid specifcations were electronically transmitted to twenty-two (22) firms. Four {4) firms picked up specifications. The mandatory pre-bid conference held on August 6, 2007, was attended by thirteen {13) vendors and representatives of Purchasing, Facilities Management, and the Public Health WIC Clinics. Seven (7) bids and one {1) no-bid were received. Group 1 buildings include: Tarrant County Administration Building, 1895 Courthouse, Criminal Courts Building, Criminal Justice Building, Justice Center, Taylor Parking Garage, West Weatherford Annex, Calhoun Parking Garage, Tan•ant County Family Law Center, Tarrant County Plaza Building, and Tarrant County Plaza Parking Garage. SUBMITTED BY: Purchasing PREPARED BY: G~~en Peterson, C.P.M., A.P.P. APPROVED BY: ;~ coiiNj:~, COMMIS SIB, ~dERS COURT e~~ .a,• COMMUNICATION . * *:; • REFERENCE NUMBER: DATE: 9/25/2007 PAGE 2 OF Group 2 buildings include: Andersen Building; Charles Griffin Subcourthouse; Charles Griffin Atmex; Resource Connection Buildings 1100, 1200, 1300, 1400, 1801, and 2100; Southwest Subcourthouse; and Miller Street Administration. Group 3 buildings include: Mansfield Subcourthouse, Medical Examiner's Office, Medical T~xaminer's Annex, Northeast Subcourthouse, Northeast Annex, Northwest Subcourthouse, Northwest Annex, Juvenile Center, Southeast Subcourthouse, New Southeast Subcourthouse, Elections Center, Sheriffs South Patrol, Sheriff's North Patrol, Mansfeld Boot Camp, and Public Health WIC Clinics. The bid received from United Building Maintenance could not be considered, because the required signed addendum was not returned with the bid response. The other six (6) bids were evaluated by Facilities Management, Purchasing, and the County Auditor to determine if the firnis had the required management capability and financial strength to service Tarrant County under this large annual contract. The Auditor's review included a rating of the firms' financial stability on a scale of 1 (not fnanciaily stable) to 5 (very financially stable). Please reference the attached signed email from the Auditor's Office dated August 27, 2007, stating their findings. The Evaluation Committee evaluated each firm's bid based on the evaluation criteria set forth iu the specifications, with the following results (please reference memo from Facilities Management dated September 13, 2007): ABM Janitorial Services received the strongest financial ranking from the County Auditor, with 5 of 5 possible points. Their price structure falls within the FY 2008 budget established by Facilities Management for janitorial services. All references spoke highly of ABM Janitorial Services. Of the bidders meeting specifications, ABM Janitorial Services submitted the lowest overall price for all three (3) groups of buildings. CTJ Maintenance, Inc. was rated 4 of a possible 5 for financial stability by the County Auditor and submitted the second lowest overall price far Groups 1 and 2 Buildings. They received 6 of 10 possible points for customer references and positive responses from supplier and financial references. Member's Building Maintenance Company, LTD was rated 4.5 of 5 for financial stability by the County Auditor and submitted the third lowest price for Group ]Buildings and the second lowest price for Group 3 Buildings. They received 7 of 10 possible points for customer references and 10 of 10 possible points for financial references. General Building Maintenance Company, Inc. was rated 3.5 of 5 for financial stability by the County Auditor and submitted the third lowest price for Group 2 and 3 Buildings. They currently provide janitorial services for all of the buildings covered by this contract. All references spoke very highly of this company. The remaining companies were eliminated from further consideration based on bid price submitted; therefore, it is the joint recommendation of Purchasing and Facilities Management that Bid No. 2007-161, Annual Contract for Janitorial Services, be awarded to the vendors listed above at the per unit price. FISCAL IMPACT: The term of this contract is t<vo (2) years with options to renew for three (3) additional one-year periods. Annual expenditures are estimated to be approximately $2,000,000. Funding is available in the FY 2008 budget. This contract is to go into effect October I, 2007. RFB No. 2007-t61 Annual Contract For Janitorial Services Description of Specification(sy Prices Requested ABM Janitorial Services CTJ Maintenance, Inc. Member's Build€ng Maintenance, LT General Building Maintenance Oriental Building Services, Inc. James Enterprise Attended Mandatory Pre-Bid Conference Yes Yes Yes Yes Yes Yes Acknowledgement of Addenda #1 ?? Yes Yes Yes Yes Yes Yes Bidder agrees to provide pricing to other Governmental entities ?? Yes Yes Yes Yes Yes Yes Bidder agrees to accept secondary award in absence of primary ?? Yes Yss Yes Yes Yes Yes Minority Vendor No Yes Yes No Yes Yes Proof of Workers Compensation Insurance Yes Yes Yes Yes Yes Yes Section 1 A. BED PRICING 1. Itemization of Labor Cost Per Hour -Group 1 Buildings with One Proiect Manaoer Direct wages to employee $8.19 $8.19 $8.19 $8.19 $8.20 No Bid Federal, State Unemployment Tax, FICA, Medical Tax on Employee $1.03 $0.61 $0.85 $0.74 $0.79 No Bid Workers Compensation and General Liability on Employee $0.34 $0,82 $0.97 $0.53 $0.49 No Bid Medical, Dental, Life Insurance, per Employee, if applicable $0.00 $0.00 $0.00 $0.00 $0.00 No Bid Retirement, Pension, etc., per Employee, If applicable $0.14 $0.00 $0.00 $0.65 $0.00 No Bid Chemicals, Supplies, Equipment Depreciation $0.30 $1.15 $0.81 $1,26 30.65 No Bid Contractor's Overhead, Profit $1.73 $1.27 $i,12 $1,03 31.93 No Bid Other $0.00 $0.59 $0.90 $1.20 $1.49 No Bid Total Labor Rate Per Hour Billed Ta County $11.73 312.63 312.84 $13.60 $13.55 No Bid 2. Itemization of Labor Cost Per Hour- Group 1 Buildings with Two Project Managers Direct wages to employee $8.19 $8.19 $8.19 $8.19 $8.20 No Bld Federal, State Unemployment Tax, FICA, Medical Tax on Employee $1.03 $0.61 $0,85 $0.74 $0.79 No Bid Workers Compensation and General Liability on Employee $0.34 $0.82 $0.97 $0.53 30.49 Na Bid Medical, Dental, Life insurance, per Employee, if applicable $O.DO $0.00 $0.00 $0.00 $0.00 No Bid Retirement, Pensien, etc., per Employee, if applicable $0.28 $0.00 $0.00 30.65 $0.00 No Bid Chemicals, Supplies, Equipment Depreciation $0.30 $1.15 $0.81 $1.26 $0.65 No Bid Contractor's Overhead, Profit $2.10 $0.98 $1.12 $1.03 $1,93 No Bid Other $D.OD $1.30 $1.21 $1.65 $2.05 No Bid Total Labor Rate Per Hour Billed To County $12.24 $13.05 $13.15 $14.05 314.11 No Bid j 3. Itemization of Labor Cost Per Hour -Group 2 Buildings with One Project Manager birect wages to employee $8.19 $8.19 $13.19 $8.19 $8.20 $8.19 Federal, Slate Unemployment Tax, FICA, Medical Tax on Employee $1.03 $0.61 $0.85 $0.74 $0.79 $0.98 Workers Compensation and General Liability on Employee $0.34 $0.82 $0.97 3D.53 30.49 $0.50 Medical, Dental, Life [nsurance, per Employee, if applicable $0.00 30.00 $0.00 $0.00 $D.00 $0.00 Retiremeni, Pension, etc., per Employee, If applicable $0,14 $0.00 $0.00 $0.65 $0.00 $0.50 Chemicals, Supplies, Equipment Depreciation $0.30 $1.69 $0.74 $1.26 $1.15 $1.20 Gontractor's Overhead, Profit $1,73 $1.23 $1,14 $1.11 $2.33 $2.95 Other $0.00 $0.80 $2.21 $1.57 $1.92 $1.25 Total Labor Rate Per Hour Billed To County $11.73 $13.34 $14.10 $14.05 $14.88 $15.57 4. liemization of Labor Cost Per Hour -Group 2 Buildings with Two Project Managers Direct wages to employee $8.19 $8.19 $8.19 $8.19 $8.20 $8.19 Federal, State Unemployment Tax, FICA, Medical Tax on Employee $1.D3 $0.61 $0.85 $0.74 $0.79 $0.98 Workers Compensation and General Liability on Employee $0.34 $0.82 $0.97 $0.53 $0.49 $0.50 Medical, Dental, Life Insurance, per Employee, if applicable $O.OD $0.00 $0,00 $0.00 $0.00 $0.40 Retirement, Pension, etc., per Employee, if applicable $0.28 $0.00 $o.oo $0.65 50.00 $0.50 Chemicals, Supplies, Equipment Depreciation $0.30 $1.69 $0,74 $1.26 $1.15 51,20 Contractor's Overhead, Profit $2.10 31,23 $1.i4 $1.11 $2.33 52.95 Other 50.00 $1.42 $4.03 $3,14 $3.47 $2.55 Total Labor Rafe Per Hour Billed To County $12.24 $13,96 515.92 $15.62 $16.43 516.87 RFB No. 2007-161 cont. Annual Contract For Janitorial Services ABM CTJ Member's General Oriental Jarnes Janitorial Maintenance, Building Building Building Enterprise Description of Specification(s) Prices Re nested Services inc. Maintenance t.TO Maintenance Services, Inc. I5, Itemization of Labor Cosf Per Hour -Group 3 Buildinos with One Proiect Manager Direct wages to employee $8.19 $8.19 $8.19 $8.19 $8.20 $8.19 Federal, State Unemployment Tax, FICA, Medical Tax on Employee $1.03 $0,61 $0.85 $0.74 $0.79 $0.98 Workers Compensation and General Liability on Employee $0.34 $0.82 $0.97 $0.53 $0.49 $0.40 Medical, Dental, Life Insurance, per Employee, if applicable $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Retirement, Pension, etc., per Employee, if applicable $0.14 $0.00 $0.00 $0.65 $0.00 $0.65 Chemicals, Supplies, Equipment Depreciation $0.30 $1.86 $0.64 $1,26 $1.20 $1.45 Contractor's Overhead, Profit $1.73 $i.39 $1.10 $1.06 $2.24 $3.05 Other $0.00 $0,86 $1.34 $0.90 $0.93 $1.35 Total Labor Rate Per Hour Billed To County $11.73 $13.73 $13.09 $13.33 $13.85 $16,07 6. Itemization of Labor Gost Per Hour -Group 3 Buildings with Two Project Managers Direct wages to employee $8.19 $8.19 $8.19 $8.19 $8,20 $8.19 Federal, State Unemployment Tax, FIGA, Medical Tax on Employee $1.03 $0.61 $0.85 $0.74 $0.79 $0.98 Workers Compensation and General Liability on Employee $0.34 $0.82 $D.97 $0.53 $0.49 $0.40 Medical, Dental, Life Insurance, per Employee, if applicable $0.00 $0.00 $0.00 $0.00 $0.00 $D,00 Retirement, Pension, etc., per Employee, if applicable $0.26 $0.00 $0.00 $0.65 $0.00 $0.65 Chemicals, Supplies, Equipment Depreciation $0.30 $1.86 $0.64 $1.26 $1.20 $1.45 Contractor's Overhead, Profii $2,10 $1.39 $1.10 $1.06 $2.24 $3.05 Other $O.DO $1.48 $2.28 $1.80 $1.72 $2.70 Total Labor Rate Per Hour Billed To Gounty $12.24 $14.35 $14.03 $14,23 $14.64 $17.42 Maintenance Technicians 7. Hourly Labor Rate for Maintenance Technicians -Group 1 $15.80 $12.26 $13.97 $13.42 $13.75 No Bid 8. Hourly Labor Rate for Maintenance Technicians -Group 2 $15.80 $12.52 $14.37 $13.51 $13.75 514.55 9. Hourly Labor Rate for Maintenance Technicians -Group 3 $15.80 $12.78 514.37 $13.51 $13.75 $14.55 10. Cost per Square Foot for Additional Floor Maintenance a. Strip 8 wax -- No furniture moving required $0.135 $0.165 $0.20 $0.22 $0.18 $0.16 b. Stri ~ wax -- Furniture moving required $0.15 $0.195 $0.25 $0.27 $0.23 $0.21 c. Hot Water Extraction Carpet Cleaning -- No furniture move $0.055 $0.21 $0.15 $0.15 $0.12 $0.16 d. Hot Water Extraction Carpet Cleaning -- Furniture move $0.075 $0.24 $0.20 $0.21 $0.19 $0.21 e. Propane Burnishing pfTerrazzo Floors $D.DS $0.135 $0.05 $0.015 $0.05 $0.098 II. FINANCIAL INFORMATION Requested Financial Information Included with Bid Yes Yes Yes Yes Yes Yes Tarrant County Auditor's Financial Stability Ranking From 1 (poor) - 5 (excellent) 5 4 4.5 3.75 4 1 References Janitorial Service References (Scale 1-10) 10 being the best 8 6 7 9' 7.75 8 Supplier References (Scale 1-10) 10 being the best 10 9 0 10 p 0' Financial References (Scale 1-10) 10 being the best 4 10 10 10 6 10' endor Notes: Financial reference did not answer all questions upplier references did not respond to questionnaire upplier references did not respond io questionnaire Inadequate Financial Information Provtded & Supplier references did not respond ServiceMaster Building Services -Submitted an email stating That they would not be submitting a bid United Building Maintenance -Eliminated due to failure to submit a signed addendum. From: Ronald D. Bertel Sant: Monday, August 27, 2007 11:55 AM To: Gwen Peterson Cc: Renee Tidwell Subject: ]ANITORIAL BID FINANCIAL ANALYSIS.xIs Based on my review of the proposal content for these vendors as documented on the attached worksheet 1 would offer the following ratings for the proposed bidders (based on the suggested 1-5 rating scale): ABM Members Building Maintenance LTD CTJ Maintenance Oriental Building Service General Building Maintenance Co James Enterprise 5 4.5 4 4 3.75 1 (Additional information would be required if this vendor were deemed to be successful bidder) If you have further question, please feel free to call. audit review compiled management issued current assets current liabilities net current assts Total assets Total Liabilities equity sales net income before taxes audit review complied management issued current assets current liabilities net current assts Total assets Total Liabilities equity sales net income before taxes ct maintenance 2006 2005 x x 5 1 612,001 51.234,194 5 995,288 5 794,211 S 616,713 5 439,983 5 1,624,094 S1 248 976 5 1,050,313 S 949,23fi S 573,781 S 299,740 53,786 772.94 52,687,157 5 296,283.73 $ 164,895 7,8% 6.1% oriental buildt n services 2006 2005 x x 5 3117,727 5 186,084 S (48,781 S 16,071 S 238,946 5 170,013 S 733,295 S 404,291 5 152,281 5 16,071 5 581,014 5 388,220 5 2.,885,50q 52,060 914 5 280,899 $ 228,073 10% 11°f° membe_rs_ bulldin matntenance LTD 2006 2005 2004 x x x review likely but report not included 5 1,225,208 S 1,419,025 5i 382,489.00 5 1069,129 5 572,125 5661884.00 5 156,079 5 838 900 S 720,605 5 2,378,987 S 1 746,329 51 fi73 776 5 1,152,778 5 616,032 5733,138 5 1,226 209 5 1,130,287 5 940,638 511,955,462 S 7,811,095 56,379,061 5 151,034 S 215,252 596,825 i.3°h 2.8% 1.5% General buildin matntenance Co, Inc. 2007 2008 2005 x x x 5 444,786 S 435,101 5 489 808 5 161,519 5 148,904 5 230,142 5 283,267 5 286,197 5 259 666 5 473 930 5 464 245 541113 5 161,519 5 148,904 S 245,768 5 312,411 5 315,341 5 295,345 5 3,744,122 5 3,651,795 5 3,309,951 5 (2,930 5 23 525 5 40 948 1 % 1 °/a James enter rise 2006 2005 x x 5 3D 890 5 45,479 5 226,400 5 103,317 5 195,510 5 57,838 5 28A,954 5 299,543 5 226,400 5 103,817 5 58 554 5 196,226 5 2,232,157 5 2,474,022 5 342 265 5 180,764 15% 7% includes 5141,456 Other income and 5-75382 other expenses that are not explained. ABM 200fi 2005 2004 X X X S 631,741,000 S 521,453,000 5 319,285,000 5 275,074 000 5 312,456 000 5 246,379,000 5 1,016 274,000 S 903,710,000 5 475 027,000 5 427 784,000 S 541,247,000 5 475,926,000 5 2,712,668 000 52,586,566,000 S2 375,149,000 S 157,741,000 5 64,386,000 5 44,996,000 6°~ 2% 2% ~~~~o~y• e~. l~ ~in~j~T~~i•r ~ QL ~° i s ~~ ~• s Ci , :E` y t °. ~'F ~F . `% ~ •f~~• ~L i.y \ ~ V ~~~~ DEPARTMENT OF FACILITIES MANAGEMENT DAVID PHILLIPS DIRECTOR To: Gwen Peterson, Senior Contracts Administrator From: Michael Amador, Assistant Director -Support Services Date: September 13, 2007 Subject: Recommendation RFB # 2007-161 After evaluating the bids for Janitorial Services, Facilities Management recommends that RFB # 2007-161 be awarded as follows: Group I Primary -ABM Secondary -CTJ Alternate ~- MBM Gr_ oup 2 Primary -ABM Secondary -CTJ Alternate --GBM Group 3 Primary -ABM Secondary -MBM Alternate -GBM Thank you for all your as 'tan a concerning this matter. ichael Amador Facilities Management Assistant Director -Support Services lUU W. WEATHERFORD rQRT WpRTIi, TEXAS 7619fi (SI7) 884-287A ~. ~,~ couNT~~~. :~ ~ ~~; .~ ~ ~. ~~ ~~ , TAKINGS IMPACT ASSESSMENT CHECKLIST Complete this form for any county action that involves the adoption of a regulation, policy, guideline, court resolution or order. Project/Regulatian Name: Bid No. 2007-161, Annual Con#ract far Janitorial Services County Department: PURCHASING Contact Person: Jack Beacham, C.P.M., A.P.P. Phone Number for Contact Person: (8171884-1133 Type of TIA Performed: SHORT TIA or PULL TIA. Circle one after answering the questions in Sections II and III belo . ******************************W**********************************~1r********,~r***********,k,k********************* Stated Purpose Attach to this checklist an explanation of the purpose of the regulation, policy, guideline, court resolution or order. *************************************************************************************w*********************** Note: The remainder of this Takings Impact Assessment Checklist should be completed in consuitation with the Criminal District Attorney's Office. II. Potential Effect on Private Real Property 1. Does the county action require a physics! invasion, occupation or dedication of real property? Yes No ~ 2. Does the county action limit or restrict a real property right, even partially or temporarily? Yes No ~ If you answered yes to either question, go to Section 111. If you answered no to both, STOP HERE and circle SHORT TIA at the top of the form. ********W**********************~****************************************************~************************ c'.i~ Tr~eaa J File Number: Version: 1 Requester: Public Works Department File Type: Resolution Agenda Date: 10/16/2007 Agenda No.: 4c Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of a contract with High Sierra Electronics for advance flood warning system lights for low water crossing sites, in an amount not to exceed $206,112.20, and authorize the City Manager to execute the contract City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Attachments: Advance Flood Warning System for Low Water Crossings Bid Tab History of Legislative File Version: Date: Acting Body: Action Text: 1 10/16/2007 City Council Title Approval of a contract with High Sierra Electronics for advance flood warning system lights for low water crossing sites, in an amount not to exceed $206,112.20, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The City of Colleyville has several low water roadway crossings along Little Bear Creek. During many annual rainfall events, storm water rises above the banks of the tributary and creates hazardous and life threatening conditions for motorists. This situation became more evident over the last nine months as intense and frequent rainfall events swelled the banks of Little Bear Creek and dramatically raised water surface elevations at the site of each low water roadway crossing. Police and Public Works Department personnel closely monitor each location during heavy rains and physically close existing gates across the low water roadway crossing. Staff researched methods for warning motorists of rising flood waters and monitoring the affects of intense rainfall on the low water crossing locations. It was determined installation of advanced flood warning lights and creek sensors at low water crossing locations would expedite securing the low water crossings. Both Police and Public Works Department personnel determined the benefit of this advanced flood warning system is significant in protecting the citizens of our community and any visitors traveling in these flood prone areas. The advanced flood warning system would include the installation of an integrated system of advanced flood warning lights and creek sensors at low water crossing locations on City of Colleyville Page 1 Printed on 10/8/2007 Agenda Briefing Continued Jackson Road, Martin Parkway and two crossings on Oak Knoll Drive. A Supervisory Control and Data Acquisition (SCADA) communication system would be installed which immediately notifies the Police and Public Works Departments respectively when sensors in the creek experience rising flood waters. This, in turn, will activate 12" diameter LED yellow beacon flood warning system lights and a 48" warning sign on both sides of the creek. In addition, each location will be equipped with a fixed color camera with heated lens to visually assist staff during flooding conditions. Two bid packets were distributed. Two bids were received by the Public Works Department on October 3, 2007. High Sierra Electronics was the low bidder in the amount of $179,228.00. Staff is recommending a 15% contingency of $26,884.20 for a total amount not to exceed $206,112.20. Financial Impact It has been determined that funds are available from the Drainage Department budget line item 017-52-6625. Recommendation Approval City of Colleyville Page 2 Printed on 10/8/2007 City of Colleyville 2007 Advanced Flood Water Warning System for Low Water Crossings Prepared October 03, 2007 Bidders Bid Bond Bid Amount Consolidated Traffic Controls $281,628.00 Hi h Sierra Electronics $179,228.00 ~ ~ ~ 100 Main Street `~ ~ Cit of Colle ville ~ Y Y Coll 8117) 03X1000 034 r'`''~ Agenda Briefing www•colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 10/16!2007 Agenda No.: 4d Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of the renewal of the Interlocal Cooperation Agreement with the North Central Texas Council of Governments (NCTCOG) for operation of commuter rail services, and authorize the City Manager to execute the agreement Attachments: Interlocal Cooperation Agreement between NCTCOG and City of Colleyville for Operation of Commuter Rail Service History of Legislative File Version: Date: Acting Body: Action Text: 10/16/2007 City Council Title Approval of the renewal of the Interlocal Cooperation Agreement with the North Central Texas Council of Governments (NCTCOG) for operation of commuter rail services, and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing The City of Colleyville and North Central Texas Council of Governments (NCTCOG) entered into an Interlocal Cooperation Agreement in 2005 related to operation of commuter rail service for the Trinity Rail Express (TRE), between the cities of Dallas and Fort Worth. NCTCOG and the Regional Transportation Council (RTC) implemented commuter rail service in this area years ago and continue to facilitate the contribution of funds by participating municipalities toward the operational costs of the rail service. NCTCOG also conducts coordinating and technical studies in order to guide the development of future rail service. Although the TRE does not currently have a station in Colleyville, the City recognizes the benefit to our citizens and has expressed a desire for future consideration of rail service in our community. The City's ability to eventually obtain rail service to Colleyville is subject to evaluation by the Trinity Railway Express Monitoring Subcommittee (TREMS), which was created by the RTC to monitor and advise on the provision of commuter rail services by the TRE between Dallas and Fort Worth. In addition, Dallas Area Rapid Transport (The "T"), established the Trinity Railway Express Advisory Committee (TREAC) to assist on policy and budget issues and service levels for the TRE. The renewal of this agreement contains provisions that recognize the creation of ongoing costs for operation of the service and maintenance of existing assets of the TRE, as well as City of Colleyville Page 1 Printed on 10/4/2007 Agenda Briefing Continued other recurring expenses. This cooperation agreement between the City and NCTCOG defines the rights and responsibilities of both parties related to annual cost sharing for the operation of the TRE. In addition, the agreement renews the City's commitment through FY 2010 as a participating local government. During FY 2008, participating cities are responsible for a total cost sharing allocation of $793,089.00. Of this total amount, the City of Colleyville is responsible fora $12,935.00 payment to NCTCOG. Financial Impact It has been determined that funds for the City's participation are budgeted annually from the City Secretary's Operating Budget, Account 001-14-6294. Recommendation Approval City of Colleyville Page 2 Printed on 10/4/2007 INTERLOCAL COOPERATION AGREEMENT Between THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS and THE CITY OF COLLEYVILLE for OPERATION OF COMMUTER RAIL SERVICE WHEREAS, the North Central Texas Council of Governments (NCTCOG) and the Regional Transportation Council (RTC) have actively worked to implement commuter rail service in the area and facilitate the contribution by cities that are not members of a Transportation Authority to the operational costs of commuter rail services; and, WHEREAS, the Regional Transportation Council Trinity Railway Express (TRE) Monitoring Subcommittee was appointed by the RTC to meet on an as-needed basis to monitor policy issues related to the THE service and the collection of operating funds for the service; and, WHEREAS, it would be beneficial to the citizens of the City of Colleyville to have access to commuter rail service connecting the Cities of Dallas and Fort Worth with each other and with Dallas-Fort Worth International Airport to relieve traffic congestion, provide transportation opportunities, and aid in attaining federal air quality standards; and, WHEREAS, pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Govemment Code, Dallas Areas Rapid Transit (hereinafter refen'ed to as "DART") and the Fort Worth Transportation Authority (hereinafter referred to as "the T'), both metropolitan transportation authorities created and existing pursuant to Chapter 452 of the Texas Govemment Code (hereinafter referred to jointly as the 'Transportation Authorities"), may exercise jointly the power to provide governmental services for the public health, safety, and welfare; and, WHEREAS, pursuant to Article 1182k, Texas Revised Civil Statutes, all railroad-related activities by public agencies, separately or jointly exercised, are public and governmental functions for the public purpose and necessity; and, WHEREAS, the Transportation Authorities have entered into an Interlocal Cooperation Agreement to define their respective rights and responsibilities regarding the provision of commuter rail service along the Trinity Railway Express Corridor and have begun commuter rail service as the Trinity Railway Express; and, WHEREAS, NCTCOG and the City of Colleyville desire to enter into an agreement to define their respective rights and responsibilities regarding cost sharing for the operation of the Trinity Railway Express; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties agree as follows: Interlocal Agreement Page 1 of 8 Article 1. DEFINITIONS: 1.1 "Commuter rail service" means operating passenger trains for commuters by, or under the control of, the Transportation Authorities. 1.2 "Capital improvement" means any addition to the asset base of either Transportation Authority (1) for the sole benefit of and utilization by the commuter rail service, or (2) representing the proportionate share of joint facilities benefiting, or utilized on behalf of, Commuter Rail Service. 1.3 "Maintenance of way" means the labor, material, tools, and equipment required to maintain all aspects of the railroad tracks, structures, signals, and communications in the THE Corridor. 1.4 "Boards" means the Board of Directors of DART and the T. 1.5 "Best efforts" means one party's use of all reasonable exertions to fulfill the obligations of that party under this Agreement. It does not mean an obligation to attempt to fulfill the obligations of any other party. 1.6 "Capital costs" means the costs to plan, engineer, design, purchase, and construct the facilities, equipment, and systems for the commuter rail service that may be depreciated in accordance with standards set by the Federal Accounting Standards Board. 1.7 "Operational costs" means any cost of operating the THE that is not a "capital cost." Article 2. ORGANIZATIONAL RELATIONSHIPS: 2.1. North Central Texas Council of Governments and Regional Transportation Council: The North Central Texas Council of Governments (hereinafter referred to as "NCTCOG") is the Metropolitan Planning Organization for the North Central Texas region including Dallas, Fort Worth, and the City of Colleyville. The North Central Texas Council of Govemments is authorized by law to conduct coordinating and technical studies as may be required to guide the unified development of the area, eliminate duplication, and promote economy and efficiency through areawide planning. The Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation and is charged with the responsibility of preparing and maintaining the Metropolitan Transportation Plan and Transportation Improvement Program for the Dallas-Fort Worth Metropolitan Area in accordance with applicable federal regulations. Interlocal Agreement Page 2 of 8 2.2 Trinity Railway Express Monitoring Subcommittee: The Trinity Railway Express Monitoring Subcommittee (TREMS) was created by the RTC to monitor and advise on the provision of commuter rail services by TRE between the cities of Dallas and Fort Worth. 2.3 Trinity Railway Express Advisory Committee: DART and the T created the Trinity Railway Express Advisory Committee (TREAC) to assist the Boards on policy, budget issues, and service levels for TRE. A non-voting representative from the Trinity Railway Express Monitoring Subcommittee shall be nominated by the subcommittee and appointed by the Regional Transportation Council to the Trinity Railway Express Advisory Committee. Notice of all TRE Advisory Committee meetings, agendas, and copies of supporting materials shall be provided to the TRE Monitoring Subcommittee representative appointed by the RTC to the TRE Advisory Committee. 2.4 Companion Agreements: NCTCOG will enter into companion agreements with the cities identified in Attachment 1. NCTCOG will also enter into a companion agreement with the Fort Worth Transportation Authority and Dallas Area Rapid Transit to disburse the funds collected by NCTCOG from the cities listed in Attachment 1, including the City of Colleyville. Article 3. OPERATIONS AND MAINTENANCE: 3.1 Service Schedules: Service levels shall be determined by the Transportation Authorities. 3.2 Service Quality: The Transportation Authorities shall develop and establish the procedures to implement and ensure that the highest possible quality of service, consistent with the budget, is provided. 3.3 The City of Colleyville or TREMS may suggest or request changes or additions to the service schedules at any time, but such requests should be made during the formation of the annual TRE operating budget and should be addressed to the Director, TRE or brought to the TREAC by the representative appointed pursuant to paragraph 2.3 above. Interlocal Agreement Page 3 of 8 Article 4. COST SHARING FOR CONTINUING OPERATIONS: 4.1 General: The parties recognize that the commuter rail service contemplated under this Agreement will create ongoing costs for operation of the service and maintenance of the assets used in its provision, as well as other recurring expenses. Such costs include compensation of Trinity Railway Express staff employed or contracted by the Transportation Authorities. 4.2 Starting in fiscal year 2008 and continuing for the duration of this Agreement, the cities participating in this cost sharing process agree to pay a fixed amount of approximately $794,000 annually to provide the operating funds outlined above. 4.3 The city allocation of costs will be based on the allocation shown in Attachment 1 and will remain fixed during the contract period. 4.4 The parties agree that the City of Colleyville will contribute its share of the costs, as outlined in Attachment 1, for FY 2008, FY 2009, and FY 20010. Notwithstanding the foregoing, the parties herein also recognize that the continuation of any contract or agreement after the close of any given fiscal year of the City of Colleyville shall be subject to Colleyville City Council approval. 4.5 The City of Colleyville will make a 50 percent payment at the six-month mark of the appropriate fiscal year with a final payment due at the end of the fiscal year. Article 5. USE OF FUNDS: 5.1 The Parties agree that NCTCOG may use the funds, contributed by the cities as outlined in Attachment 1, to leverage federal funds available to the region to implement regional air quality projects and other RTC initiatives. Article 6. TERM AND TERMINATION: 6.1 Effective Date: The effective date of this Agreement shall be the date on which it is executed by the parties. 6.2 Term: This agreement shall be in effect until September 30, 2010, and may be renewed by written agreement of the parties. Interlocal Agreement Page 4 of 8 6.3 Mutual Termination: The parties may terminate this Agreement by mutual agreement at any time. 6.4 New Transportation Authority: In the event any city identified on Attachment 1 joins an existing transportation authority or becomes or forms a new transportation authority with a dedicated source of funding for transit, the obligations under this Agreement for that city shall cease on the day the funding begins. The City's obligation under this agreement shall be transferred to the existing or new transportation authority. Article 7. MISCELLANEOUS PROVISIONS: 7.1 Force Maieure: It is expressly understood and agreed by the parties to this Agreement that, if the performance of any provision of this Agreement is delayed by reason of war, civil commotion, act of terrorism, act of God, governmental restrictions, regulations or interferences, fire or other casualty, court injunction, or any circumstances which are reasonably beyond the control of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated herein, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the period of time applicable to such requirement shall be extended for a period of time equal to the period of time such party was delayed. 7.2 Contractual Relationship: It is specifically understood and agreed that the relationship described in this Agreement between the parties is contractual in nature and is not to be construed to create a partnership or joint venture or agency relationship between the parties. Nor shall any party be liable for any debts incurred by the other party in .the conduct of such other party's business or functions. 7.3 Counterparts: This Agreement may be executed in multiple counterparts. Each such counterpart shall be deemed an original of this Agreement, so that in making proof of this Agreement, it shall only be necessary to produce or account for one such counterpart. Interlocal Agreement Page 5 of 8 7.4 Complete Agreement: This Agreement embodies all of the agreements of the parties relating to its subject matter, supersedes all prior understandings and agreements regarding such subject matter, and may be amended, modified, or supplemented only by an instrument or instruments in writing executed by all of the parties. 7.5 Captions: The captions, headings, and arrangements used in this Agreement are for convenience only and shall not in any way affect, limit, amplify, or modify its terms and provisions. 7.6 Governing Law and Venue: This Agreement and all agreements entered into in connection with the transactions contemplated by this Agreement are, and will be, executed and delivered, and are intended to be performed in the County of Dallas and the County of Tarrant, State of Texas, and the laws of Texas shall govern the validity, construction, enforcement, and interpretation of this Agreement. In the event of litigation between the parties hereto, their successors or assigns, with regard to this Agreement and any subsequent supplementary agreements or amendments, venue shall lie exclusively in either Tarrant County or Dallas County, Texas. 7.7 Severabilitv: In the event any one or more of the provisions contained in this Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforcibility shall not affect any other provision(s) hereof, and this Agreement shall be revised so as to cure such invalid, illegal, or unenforceable provision(s) to carry out as near as possible the original intent of the parties. 7.8 Changed Circumstances: If future federal, State, or local statute, ordinance, regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid, unenforceable, or impractical, the parties agree to delete and/or to modify such portions of the Agreement as are necessary to render it valid, enforceable, and/or practical. Each section, paragraph, or provision of this Agreement shall be considered severable, and if, for any reason, any section, paragraph, or provision herein is determined to be invalid under current or future law, regulation, or rule, such invalidity shall not impair the operation of or otherwise affect the valid portions of this instrument. Interlocal Agreement Page 6 of 8 7.9 Enforcement: If any party initiates an action to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provision hereof, the prevailing party shall be entitled to receive from the other parties all reasonable and necessary costs and expenses, including reasonable attorneys' fees and costs incurred in connection with such action. 7.10 Survival: All of the terms, conditions, warranties, and representations contained in this Agreement shall survive, in accordance with their terms, and shall survive the execution hereof. 7.11 Incorporation of Exhibits and Schedules: All Exhibits and Schedules attached hereto are by this reference incorporated herein and made a part hereof for all purposes as if fully set forth herein. 7.12 Reference: The use of the words "hereof', "herein", "hereunder", and words similar import shall refer to this entire Agreement, and not to any particular section, subsection, clause, or paragraph of this Agreement, unless the context clearly indicates otherwise. 7.13 Further Assurances: Each party agrees to perform any further acts and to sign and deliver any further documents which may be reasonably necessary to carry out the provision of this Agreement. 7.14 Notice: Whenever this Agreement requires or permits any consent, approval, notice, request, proposal, or demand from one party to another, the consent, approval, notice, request, proposal, or demand must be in writing to be effective and shall be delivered to the party intended to receive it at the address(es) shown below: If to NCTCOG North Central Texas Council of Governments Attn: Michael Morris, P.E. Post Office Box 5888 Arlington, Texas 76005-5888 If to the: City of Colleyville Interlocal Agreement Page 7 of 8 7.15 Indemnification: To the extent allowed by Texas law, the City of Colleyville covenants and agrees to indemnify and hold harmless and defend and do hereby indemnify, hold harmless, and defend NCTCOG, from and against negligence claims or lawsuits for damages or injuries, including death, to persons or property, whether real or asserted, arising out of any negligent act or omission on the part of the City of Colleyville, their officers, employees, and contractors, related to the pertormance of this agreement. To the extent allowed by Texas law, NCTCOG covenants and agrees to indemnify and hold harmless and defend and does hereby indemnify, hold harmless, and defend the City of Colleyville, their officers, employees, and contractors, from and against claims or lawsuits for damages arising out of the performance of this agreement as a result of any negligent act or omission on the part of the NCTCOG, their officers, and employees. IN WITNESS HEREOF, the parties hereto have executed this Agreement in duplicate original on the day of , 2007. CITY OF COLLEYVILLE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS David Kelly, Mayor APPROVED AS TO FORM: General Counsel R. Michael Eastland, Executive Director APPROVED AS TO FORM: Jerry Gilmore, General Counsel fnterlocal Agreement Page 8 of 8 ATTACHMENT 1 ANNUAL COST SHARING ALLOCATION Arlington $237,046 Bedford $104,488 Colleyville $12,935 Euless $106,675 Grand Prairie $69,764 Grapevine $50,567 Haltom City $38,705 Hurst $98,168 North_ Richland Hills 74 741 $793,089 Interlocal Agreement Attachment 1 ..? ',~ ~+ 100 Main Street ~~~ ~~, _ City Of \.r0~~eyV~~~e Colleyville,Texas76034 (817) 503-1000 '~~~~~-~ Agenda BPI@flllg www.colleyville.com File Number: 0-07-1643 File Number: 0-07-1643 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 10/02/2007 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Zoning Exhibit Ordinance 0-07-1643 History of Legislative File Version: Date: Acting Body: Action Text: 1 08/13/2007 Planning and Zoning Commission 1 09/10/2007 Planning and Zoning Commission 1 10/02/2007 City Council 1 10/16/2007 City Council Title Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the October 2, 2007 meeting. First Reading and Public Hearing The applicant is requesting to rezone 0.5 acres of land from R20-Single Family Residential zoning district to PUDC-Planned Unit Development Commercial zoning district. The property is located at 1100 Glade Road at the northeast corner of Glade Road and Oak Timbers Court. The property currently contains a vacant single family home. The applicant is seeking a zoning change in order to convert the home into an office for an engineering firm. Platting. The subject property will be required to be platted upon approval of the rezoning request. City of Colleyville Page 1 Printed on 10/4/2007 Agenda Briefing Continued (0-07-1643) Open Space. The PUDC regulations require a minimum of 20% open space. This development proposes an open space area equal to 81 % of the total development. The applicant states that there are no amenities proposed for the open space areas. However, there are a large amount of mature trees that will be preserved within the open space. Site Plan. The developer has provided an updated conceptual site plan that has been incorporated into the proposed zoning ordinance. The site plan shows a 1,240 square foot office building that will be converted from an existing single family home. The applicant proposes to construct a parking lot located primarily behind the building that will have access to Oak Timbers Court. Five parking stalls will be provided, which meets the minimum requirements of the Land Development Code for office uses. Access. The only point of access to the property will be from a new driveway approach onto Oak Timbers Court from the proposed parking lot behind the structure. The existing driveway serving the structure from Oak Timbers Court will be demolished. Drainage. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the Colleyville Engineering Department. Construction plans for drainage improvements will be submitted as part of the platting process. Fences, Walls and Screening. An eight foot tall fence will be built along the eastern property line adjacent to the single family residence. The applicant is requesting a waiver to the fence screening requirement along the northern property line, which abuts an existing single family home. The applicant asserts that the large amount of trees on the northern portion of the property act as a natural buffer. However, on the updated site plan the applicant notes that he will build the fence, if requested by the adjacent property owner. Staff recommends a tree survey be required prior to the removal of any trees on the lot and trees not located within the right-of-way, required parking areas or easements be preserved. Sidewalks. A 10-foot wide concrete trail is required to be constructed along Glade Road. The trail must be installed before a certificate of occupancy authorizing the proposed use is issued. Exterior Building Elevations. The applicant intends to utilize the existing home as the office. Renovations to the interior and exterior are planned. While the applicant may perform cosmetic treatment to the roof and exterior wall, the original brick construction and roof pitch will remain. Staff recommends that future expansion of the existing structure require compliance with the commercial design standards per the Land Development Code. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUDC ordinance for the subject property. The Statement of Planning Objectives describes the nature of the proposed development, which includes a development schedule and a statement of development goals. Master Plan. The Colleyville Master Plan designates the future use of this area for office City of Colleyville Page 2 Printed on 10/4/2007 Agenda Briefing Continued (0-07-1643) land uses. The proposed use satisfies this requirement. Development Trends. The surrounding properties are all zoned R20-Single Family Residential and are used as single family residences. However, between Riverwalk Drive and SH26 many of the properties are used as offices. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected trafFc generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-tenant office buildings are expected to generate 12 trips per day, on average, per 1,000 square feet of office use. Based on this average, a 1,400 square foot office building would generate approximately 17 trips per day. Public Notification. Staff notified 16 property owners within 200 feet of the subject property 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 no correspondence in regard to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the September 10, 2007, meeting by a vote of 6-0. Summary. The impact to the neighborhood, in terms of noise and traffic due to the proposed change of use from residential to ofi•ice on this property, will be minimal. Additionally, given the future land use recommendation for office uses on this property, staff supports the request by the applicant. Recommendation Approval, with the conditions stated in the proposed ordinance. City of Colleyville Page 3 Printed on 10/4/2007 Location and Zoning Map 114 11D$ 1112 1118 1120 n rr51D4 5105 11D0 5113. 11D5 11D9 f113 1117 1121 51.13 «s ', 1 III 51 D0 51D1 11D$ 1104 1112 1116 112A 5109 T1~ ~ ~~ a.:' I 5025 i 1 D0 '02~" t ~ ""'' 5013 5D13 i1D5 11D9 1113 1117 1121 ., -5021 R20 5o~e 5017 i1D4 11D6 1112 1118 1120 5016 »' ~ 5004 Slte 11 DD SDDD aftA~ -, ~~ Ks 11D5 1109 - 1113 1117 1121 _. ;.:,» 6¢d$s.. SDOD 1100 11D4 50DT. 11D5 1117 11D5 1201 I~ h°`~PUDC R20 t k ~ 1108 11OD 1104 1112 ~ 1116 48DD -1109 1113 1117 11D1 1105 Notification List OWNER_NAME Brewer, Gladys L Collins, Harvey D Quenichet, John Wayne Collins,Virginia Etvir Richard Montano, Thomas B Richard Family Limited Partner Chagani, Mustafa Gallegos, Billy King, Dale L Horak, Jo L Adler, Keith EI-Chantaf, Myriam & Faisal Thiel & Thiel Inc Robert Salter Family Lp Glade Road Capital Llc Benjamin Thompson, applicant OWNER_ADDR OWNER_CIl STAI OWNEF SITUS_ADDR 5012 Oak Timbers Ct Colleyville TX 76034 005012 Oak Timbers Ct 5013 Oak Timbers Ct Colleyville TX 76034 005013 Oak Timbers Ct 5005 Oak Timbers Ct Colleyville TX 76034 005005 Oak Timbers Ct 5004 Oak Timbers Ct Colleyville TX 76034 005004 Oak Timbers Ct 1100 Sabine Ct Colleyville TX 76034 001100 Sabine Ct 5009 Thompson Ter Ste 1 02 Colleyville TX 76034 005009 Thompson Terr 1105 Sabine Ct Colleyville TX 76034 001105 Sabine Ct 1100 Glade Rd Colleyville TX 76034 001100 Glade Rd PO Box 371 Colleyville TX 76034 005000 Oak Timbers Ct PO Box 395 Colleyville TX 76034 001104 Glade Rd 1112 Glade Rd Colleyville TX 76034 001112 Glade Rd 4804 Bransford Rd Colleyville TX 76034 005005 Thompson Terr 109 Mill Valley Dr Colleyville TX 76034 005001 Thompson Terr 2757 Airport Fwy Fort Worth TX 76111 001105 Glade Rd PO Box 1821 Colleyville TX 76034 001009 Glade Rd 1711 Parkwood Drive Grapevine TX 76051 applicant Statement of Planning Objectives • Architectural Consulting Engineers, Inc. (ACE Inc.) is a growing structural consulting firm which performs residential forensics and commercial engineering design. • This property is suggested as office use in the Colleyville comprehensive master plan. • ACE, Inc. has low business traffic impact. The business use for 1100 Glade will primarily be in house construction drawing generation, report writing and record keeping. The forensics work is done off site. The architectural consulting side of the business typically takes place at the azchitects' office. The nature of this business is quiet and low impact. In the last year, only three clients visited the Grapevine office all year. • Our goal is to reuse the existing azchitecture as much as possible and we intend to be ecologically friendly in development of this property. We intend to use green building practices as much as possible. • Phase # 1 includes renovation of the existing 1240 square foot structure into office use and addition of nine front parking spaces. Office #4 renovation is an alternate and may be relegated to a Phase #2 improvement. • Phase #2 renovations include conversion of the existing 550 square foot garage into office space. • Phase #3 renovations include replacement of the existing mechanical system. • Phase #4 renovations may include cosmetic treatment of the roof and exterior wall systems. Proposed Ownership • Benjamin M. Thompson, President of ACE Inc., owns this property and will lease the property to ACE Inc. after planned zoning. Phase #3 construction may include Executive Suite type leasing. Utility Provisions • Existing lines will be used. • New Verizon FIGS Internet service will be added. Economic Development Information • Local office job creation and employment opportunities. • The structural engineering field is in need of local highly skilled labor. Traffic Impact Analysis • Negligible impact as discussed above. Open Space Design Covenants • Approximately 58% of reaz lot to remain native. • Open space maintenance provided by property owner. Project: 1100 Glade Road, Colleyville, TX 76034 ,~"u. _ [' ~ ' T ~'' ~A~ ~ . 4. S sT+1 -~ '~-''.M .+~'~_ S( ~: ~~ l $ , ~'~ {i '~!+Y CrSl~ " Y Commercial Design and Engineering Residential Forensic Services '~ G'~~ ~~~ Architectural Consulting Engineers, Inc. greatest strength lies in our innovation and creativity. Architectural Consulting Engineers, Inc. strives to be an industry leader ~~ ~~ ~h ~~~. ~ ~~~~ ~ in the Structural Consulting by providing the client with ~~~.yp~~,.~ ~ -: superlative service at reasonable prices. We are f'°'~ ~~ "conveniently located in the heart of DFW to service you as ~~ ~ ~ ~,,, 4~~"~ your engineer next door. We offer prompt and courteous r"x~ a'~'S ~ ~, ~:w i yrer: ~~ 3 ~ ~~ ~~~ ~~~~~ {~{~`~ service to meet all your structural engineering needs with *~ ~ ,~~ ;~ ,. Excellence by Design. a~ ~ 'fir. x fi4a. „ The photographs above are examples of projects Mr. Thompson has ~ ~, worked on in the past while employed at other engineering fines. These copyrighted photographs of the Hicks Estate found above are :.t, „~ from the collection of Douglas Newby & Associates. To see ,.„ ~, ' y;' ~ 'r additional images of the Hicks Estate visit the Web site of Douglas A ~~ a Newby & Assocates, www.SignificantHomes.com. These copyrighted 1/'11 ~'~ ~,k` ~ ~ ~ materials may not be reproduced. a~ ;. '"~ V ~ - ~ ~~09L Xl `3~~InJl3~~00 ~~~~~ a'd02~ ~ad~0 OOII ~~~~~~ s~lins ~niln~~x~ ~ad~~ i6 i C ` W - ~ { ~ i i5 6 E , r~ ~ a L~ : e~ ¢ $~ _ _ W J Z Z O pe 4F W Q Q ~ ~ ~ J _.s ~~o~ R~ ~ ®~ ~~~ ~ ~~ ~~~~ ~_ ~~ ~ ~~ ~ ~I A-.~s 'M'o'tl vD A-. A-A~ Q b Q 8~O' g I..L ,. ~ ~~ AO'OTZ H1f10S ~~~~~~ .~ h R d ~ g ~~ ~W F ~ ~ ~~ <~ b S ~ yt b ~ '~ ~sy ~~ tl G M ~ ~~ ,Y ~ ~~ ~ .~ ~ ~~~ l~ln^^ S~13gWIl ~Id^ ~~~ YI ~~~~ ~ ~~ ~~~ ~~~ ~~~~ ~~~~ ~~~~ ~~~~ i g ~ ~ ~~ ~ ~~ ORDINANCE 0-07-1643 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 0.54 ACRES OUT OF THE JOSEPH M. LOONEY SURVEY, ABSTRACT 936, FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application. for a rezoning under Case No. Z-07-029; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-07-1643 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 0.5 acres out of the Joseph M. Looney Survey from the R20-Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted on Exhibit "A", labeled Location and Zoning Map and as described on Exhibit "B", labeled as Legal Description. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for an office building. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the plat. b. The property shall be platted before any development shall be permitted. 3. SCREENING a. An 8-foot screening fence shall be constructed and maintained along the eastern property line where the proposed development abuts residential uses. Ordinance 0-07-1643 Page 3 of 4 4. LANDSCAPING AND OPEN SPACE a. The development shall provide a minimum of 81 percent open space and shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C". b. All landscaping shall comply with Chapter 4, Landscaping and Buffering of the Land Development Code. 5. EXTERIOR BUILDING ELEVATIONS a. The exterior building elevations shall adhere to the design of the existing primary structure on the property. b. Cosmetic renovations to the roof and exterior walls shall be permitted. c. The roof pitch shall remain in accordance with the commercial design standards per the Land Development Code. d. Future expansion of the existing structure shall require compliance with the commercial design standards per the Land Development Code. 6. TRAILS AND SIDEWALKS a. A 10-foot wide concrete trail shall be constructed along Glade Road by the applicant, per the requirements of the Colleyville Pathways Plan, before the Certificate of Occupancy granting the change in use is issued. 7. OTHER a. A single driveway approach shall be allowed onto Oak Timbers Court, as shown on the attached Exhibit "C". The driveway approach on the property shall adhere to the minimum standards required by the City of Colleyville Engineering Department. b. A tree survey shall be required prior to the removal of trees within the northern portion of the lot. c. Trees located on the lot that are not located within rights-of-way, required parking areas or easements shall be preserved. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Ordinance 0-07-1643 Page 4 of 4 Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map 1104 1108 1113 1118 1120 04 5 1 6105 1100 5113 1105 1109 1113 1117 1121 5113 5100 51.0.1 tiD4 f1DS 1112 1118 1120 51.09 Rzo ~ 5025 1100 5013' 50'13 1105 1109 1113 1117 1121 5021 5018 5017 1104 9108- 1112 1116 1120 5016 5004 S1tC 5000 .5#t~~:' 1100 ...„ 1105 1109 1113 1117 1121 5000 1100 11.04 112 111.6 PUDR 112 50(11.: r ~-- ~ 1 t05R20 1105 1117 1201 } ~ ~~PUDC ~ ~ C~~ 1100 1104 1108 1112 ~ 1116 ~ --~- 4800 1113 1109 1117 1.101 1105 --... ..rrr. ~ vv~~a-n` ~ JLfIRV ~ Exhibit B -Legal Description STD LAND SURVEYINQi e2aa ta+vy county ~urto Road Burloson, Texas 71028 O1 /OfO.'7f~0 Phon.0lT~Te~sT F#x 817•~TA•2617 Regal Description for' ; 1100 Glade Road, Colleyv8te, Texas (0.541 act+es) p. t Being ail that certain lot, tract or parcel of land out of the J.M. looney Survey, Abstract No. 936, Tarrant County, Te~caa, and being that same tract of land conveyed by deed to Floyd and 8i11Ie Sue Latham reconied in Volume 4622, Page 823 of the Deed Reoor+ds of Tansint County, Texas, and being. a portion of an 11.158 acre tract of land deeded tv James A. Rust, and recorded in Volume 4369, Page 38.9 of the Deed Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: ~ ~ . 9EGINNING at a point for comer in the North Ilse of Glsde Road, said point being the Southeast comer of said Latham treat, and said Rust tract; THENCE West, with the North line of said Glade Road and with the South line of said Latham tract and said Rust tract, a distance of 114.00 feet to a point for comer at the intersection of Oak Timbers Court and Glade Road, said point being the Southwest comer of said Latham tract; THENCE.North.wkh flee:East.line:of.aaid Qak Tlmbe~ Court ~ancf'wtttr ttie `1Nest line of said Latham tract, a distance of 127.00 feet to a point for corner at the beginning of a curve to the right having a radius of 232.23 feet;. THENCE with saki curve to the right and with the East line of said Oak Timbers Court, a distance of 84.64 feet and through a chord of N 09 deg 34 min 27 sec East, 84.17 feet to an iron rod found for the Northwest corner of said Latham tract; THENCE East, with the North line of said Latham tract, a distance of 100.00 feet to an iron rod found for the Northeast comer of said Latham tract; THENCE South, with the East line of eaid Latham tract, Q distance of 210.00 feet to the POINT of Beginning, and containing 0.541 of an acro of land. more or Jess. . ~,. Exhibit C -Conceptual Site Plan ~~~~ ~~n ~~~ ~~ ~ ~ ~~ °~ ElAK TIMBERS CURT -~..~ `~--. • _ ~ ,aRn, ~ m ~- t"~Mdr rt. .~`° I . ~ ~ ~ ~ ~ I ~ ~ ~~ 1 ~~ y 3 i i ~~ ..8d .......x y K ~~ _~ ~~ I wA0~M0 N~fI 11 ~[OYI R~S[~.. a%+pSY'~114Y 1' {OR raj ^~ ~~ ~y 11 ...u fy^5 i ~ ~ Q~. p)' s ,~ ~ ~ @ ~aI ~~~ ~~~ f .. y O 3 01 c n 0 a C y C ~ ~~4 ~- ~ a y 3"~ =a ~a ~ _, ? y ~ ~ /~ ~ ~ Oa ~~= (~ ~ y ~ ~ c _' ~, , y ~ a ~ O S, G '~.'! `'`~ ~, ~ `~ _ 3 ~y c c ~;.y ' y^ ~ .: ~ a ~ o 4 ~; '~ 3 ~D y ~ ~ . ~ O D ~ ~ ~a .~ o ;a 0 w N~ O (D ~ `•~ ~ ~ m m CD a, °' ~ ~ ~ ~~ ~"~~ ' ~ 3 _. ..~ ' z c ~ ~ ~ 3 ~~ r~ ~..`~ , 1 ,~~ ~~ ,~ ~;`p~ ,~ .. ~, ` ~J ^~ ~ -a 0 c~ z O i ~`''J ~v ~, ~, v~ D Q a m lf~ c ~I crE,\ yJ o ~ v ~ .. `~ ~ <~~ ° I `~ C O (/~ ~ ~ a o m ~_ ~ C'1 `Q D ~ ~ v y O o. N 01 Q n 0 a C y C ~ ~~4 Q. ~ ~• H o~~, 3 =~ a y ~~ ~ ~~ O y ~ .~ .~ 3 s ~e~= y n3. o ~' ~ ~~a y n0 C ~! ~, n ~ ~_ 3 ~• C .yr. N N! ~ ~ 4 ~o 4 ;; ~~ ~3 ~D y H ~. ~ 3 a '~ ~o ~, o~ ~~ ~~ :a O c~ ~_ O' III (D (D -~ (D m n `G ~, ~~ ~', C} -~ (D m 0 m z O fi C c ~ ~ ~ ~ m ~ a a~ .~' ~D ~~ z ~_ 3 r Q d CD -~,. 7 ~~ r'~ _h f~. c ~I W ~~ S N o v ~. Q ^. m ~. C7 ~, o c n O ~`: ~_ I S m Ca O v p ~. i~ ~ ~'i a ff u --- m ~. cy .1 y~', ~J L ;~ ~i (~D fi --~ G' n D rn n v s y a 0 a ,p- as y ~ -tea ~ a~ ~ ~ ~ =a ~ ~ ~ ~ s y ~ ~ ~ . O y y .c -~ 3 ~? ~e~= ~, n 3. o '' ~ ~ `~ 4 y n O O ~3 c c .yr. y b! Oi ~a ~ o 4 rty s3 cp y c s H ~' .d V //4~ /~ ~Y O ~ ? oa ~D ^. ~D ~ 4 0' v N~ o ~ ~ ~ (D ~m n `.5 m -~ (D -~ 0 m z 0 ~, J /V~`~, `1 ' N ~ ~ ~ ~, _ O ~ ~ ~ ~ `D ~ • o . ~~ ~ e~ Z ~ ~ Q- Q ~ ~ ~ ~ s J ~ ~ ~ n _. , ~ ~ 7 n ~ ~. ~ O ~` `° 0 D Q a ~ ~ 1 ~' m ~ ~ ~ d ~, C ~~` ~ ~ ~V 0~ ~ ~ `~ V' C ~ ~~ T ~~ ~~ Z_ R\ m /~ D v .' _.,,~ ~~ `.~ .a "~~ ~ i-'Op ~~ 4~y{F~ ~ ~ ~ ~ 3 ~ ~ ,t} ,fit ,y`~ ,. t F ,.3~ h e 1l N yt ~xp{'y LIF. iii ~` ~ I Y o L i. '.~ ~ j ~~ f ., _ ~F _ 'k F r silk '~' w~ - ;~' ~. ,.. 'E'Y i6 y ~ 'k' t ~. 'M x : ~~ . `.g ~ q .- ~~ ~ ~ ,J !IF ,~ _ - ,,.may rqw"~:' ~ ~ :=! Q ~ - ~ ~ $ ~N~ ~. ~. ~ f _ ,. ~- ~ .Z. L.~.. .@ `. i ._ "g.IKe4 ~~ y 11 .~~ ".~~< t ' m ~- k ~~ ~~ 1 ~ ~ ~_~ ~ r~LJ ;; ~ ~ ~ x ~ n ~~ '~~ ~~ ~y Y, ~ ~4, !"r ~ _ ~ ~ _ ~~ ^ at k Jx"k ~ ~ s:;:. ~~ Y ~.5. f~ t ~..'7{ :ti:; u~491j.!`.~^. >` s ~ ~ i gg >:' ~, ~.~ r ~ n ~ ~ ^~ ~I C~ ~,~, ~.. Clt of Colle N~~~e 100 Main Street ~ Y Y Coll 8117) 03X1000 034 °"'' Agenda Briefing www.colleyvilte.com File Number: 0-07-1644 File Number: 0-07-1644 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 10/16/2007 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Consider an amendment to the Master Thoroughfare Plan to remove Heritage Avenue from Glade Road to Cheek Sparger Road, Case G-07-016 Attachments: Letter from Developer Requesting an Amendment to the Master Thoroughfare Plan dated March 1, 2007 Ordinance 0-07-1644 History of Legislative File Version: Date: Acting Body: Action Text: 1 08/27/2007 Planning and Zoning Commission 1 09/12/2007 Planning and Zoning Commission 1 09/24/2007 Planning and Zoning Commission 1 10/16/2007 City Council Title Consider an amendment to the Master Thoroughfare Plan to remove Heritage Avenue from Glade Road to Cheek Sparger Road, Case G-07-016 Explanation First Reading and Public Hearing Landstat L.P., the developer of 108.5 acres that fronts on the western portion of Heritage Avenue, has submitted a request to amend the Master Thoroughfare Plan by removing Heritage Avenue between Glade Road and Cheek Sparger Road. The Master Thoroughfare Plan currently designates Heritage Avenue as a major collector street with 80 feet of right-of-way and four street lanes. A collector street is defined as a street which carries traffic from local streets to the system of major streets, including the principal entrance street or streets into a subdivision development and streets designed primarily to provide traffic circulation within or between one (1) or more subdivisions. Within the City of Colleyville, Heritage Avenue extends from Hall Johnson Road to Cheek Sparger Road. The portion of Heritage Avenue located between Hall Johnson Road and Glade Road is currently improved as a four lane major collector street. The portion of Heritage Avenue located between Glade Road and Cheek Sparger Road is currently unimproved as a two lane major collector street. City of Colleyville Page 1 Printed on 10/11/2007 Arc ends Briefing Continued (0-07-1644) The portion of Heritage Avenue being requested for elimination from the Master Thoroughfare Plan is located entirely within the City of Colleyville and is bordered on the east side by the City of Euless. Although the subject portion of Heritage Avenue borders the City of Euless, the right-of-way for Heritage Avenue lies completely within the City of Colleyville. The property adjacent to the roadway, on the west side, is currently undeveloped and is being considered for development by the applicant. The property to the east, located in the City of Euless, is currently approved for a major commercial and residential development. The City of Euless has agreed to construct two lanes of Heritage Avenue from Glade Road extending approximately 1,700 feet to the south. The City Attorney's Office is drafting an inter-local agreement with the City of Euless that will include an anticipated construction completion date of December 31, 2008. The inter-local agreement should be scheduled for Council consideration by December 2007. The City of Euless advocates the construction of 1,700 feet of Heritage Avenue in order to provide roadway connections from Heritage Avenue into the City of Euless. The applicant of this request, as the developer of the property in the City of Colleyville, is required to provide the right-of-way dedication that will complete the 80 feet of right-of-way width as required by the Master Thoroughfare Plan to accommodate the alignment of Heritage Avenue. The estimated value of the Heritage Avenue road improvements proposed for construction on behalf of the City of Euless totals $1,530,000.00. The estimated value includes the proposed intersection improvements at Glade Road and Heritage Avenue. The approximate cost for the rehabilitation of the remaining portion of Heritage Avenue, south of the 1,700 feet of improvements to be made by Euless and extending to Cheek Sparger Road, is approximately $255,600.00. This total reflects a mill and asphalt overlay as well as necessary drainage improvements. The engineering firm of Freese and Nichols, Inc., conducted a study entitled Report on the Condition of the Heritage Avenue Bridge near Cheek Sparger Road. The study concluded the existing bridge will safely carry both the current and the anticipated increased traffic generated by developments in the City of Colleyville and the City of Euless. The study recommends the bridge remain in service, as is, with the continual monitoring of the bridge structures. The approximate cost, in today's dollars, for constructing the two additional lanes (for a total of four) of roadway from Glade Road to Cheek Sparger Road is $5,400,000.00. The approximate cost, in today's dollars, for constructing a bridge to accommodate a four lane street section is $4,340,000.00. The approximate cost, in today's dollars, for the construction of the improvement of the remaining portion of Heritage Avenue (south of the 1,700 feet of improvements to be made by Euless and extending to Cheek Sparger Road) from the proposed asphalt overlay to a concrete street is $3,195,000.00. Potential sources of funding include street and utility impact fees, bond monies and county, state and federal cost participation. Traffic Impact Analysis. As part of the development being proposed by the applicant, a Traffic Impact Analysis (TIA) was contracted to Freese and Nichols. As part of the analysis, City of Colleyville Page 2 Printed on 10/11/2007 Agenda Briefing Continued (0-07-1644) the consultant made recommendations for the improvement of Heritage Avenue. One of the recommendations was that Heritage Avenue remain on the Master Thoroughfare Plan as a major collector street. The following are all of the conclusions and recommendations made by Freese and Nichols for the TIA: • The background traffic plus the traffic generated by the proposed developments (in the City of Colleyville and the City of Euless) is expected to reach 6,494 vehicles per day on Heritage Avenue near Glade Road by 2012. • Heritage Avenue would operate at an acceptable level of service as a two lane undivided collector based on traffic projected to 2012. The TIA generated background traffic information for Heritage Avenue that was projected only to 2012 in order to be consistent with the City of Euless Glade Parks traffic impact analysis. Completion of this development was assumed to occur between 2007 and 2012. The Freese and Nichols TIA concluded that Heritage Avenue would be operating at an acceptable level of service as a two lane undivided collector at 2012 and beyond. • If Heritage Avenue is improved, the thoroughfare could function as an alternate north/south route during flood events and provide an alternate north/south thoroughfare with regional continuity. Based on the conclusions above, the following recommendations for improvements to Heritage Avenue were identified: • Heritage Avenue should be improved as a two lane concrete roadway to serve the proposed developments in the City of Colleyville and the City of Euless on either side of the floodplain. • The sections of Heritage Avenue located within the floodplain should be improved, repaired and resurfaced to a minimum width of 24 feet and flood gates should be added to the roadway on each end of the floodplain. • Heritage Avenue should remain on the Master Thoroughfare Plan as a four lane undivided major collector with 80 feet of right-of-way. With the growth in the area and the regional significance of Heritage Avenue, it is anticipated that Heritage Avenue will warrant a four lane cross-section in the future. • A three lane northbound approach on Heritage Avenue be constructed at the intersection of Heritage Avenue and Glade Road to accommodate a dedicated left turn lane, through lane and dedicated right turn lane. • The free right turn lane at the intersection of Cheek Sparger Road should be removed as part of the redevelopment of the northwest corner of Heritage Avenue and Cheek Sparger Road. • Dedicated southbound and eastbound left turn lanes should be constructed at the intersection of Heritage Avenue and Cheek Sparger Road. Master Plan Approval and Amendments. City Council adopted a Master Thoroughfare Plan on October 15, 1986 by approval of Ordinance 0-86-631. On August 19, 1997, with the approval of Resolution R-97-1307, Council approved the alignment of Village Park, Thompson Terrace, Bedford Road and Pleasant Run Road. Council amended the Master Thoroughfare Plan on January 4, 2000, with the approval of Ordinance 0-99-1198, to change the classification of Village Park and Thompson Terrace from two-lane roadways to City of Colleyville Page 3 Printed on 10/11/2007 Agenda Briefing Continued (0-07-1644) multi-lane roadways and adopted standards for right-of-way and pavement widths. On April 19, 2005, with the approval of Ordinance 0-05-1521, Council amended the Master Thoroughfare Plan to delete an un-named future north-south collector roadway located between L. D. Lockett Road and McDonwell School Road. Council amended the Master Thoroughfare Plan on August 2, 2006 with the approval of Ordinance 0-06-1583, to delete the Minor Collector roadway shown as Sanders Lane, Wyatt Drive and Industrial Boulevard. The Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of an amendment to the Master Thoroughfare Plan by a vote of 6-0, with the following conditions: The portion of Heritage Avenue located between the Glade Road and Cheek Sparger Road be classified as a major collector street with 80 feet of right-of-way. The portion of Heritage Avenue located between the Glade Road and Cheek Sparger Road be changed from afour-lane major collector street to a two-lane major collector street. Summary. Given the analysis, conclusions and recommendations made by Freese and Nichols in the TIA, staff feels the current and future importance of Heritage Avenue as a major collector street is integral in addressing the traffic needs of the proposed development, the City of Colleyville and region. Therefore, staff recommends that Heritage Avenue remain as a major collector street with four lanes and 80 feet of right-of-way. Financial Impact It has been determined that there is no financial impact. Recommendation Denial City of Colleyville Page 4 Printed on 10/11/2007 Landstat, L.P. P.O. Box 264 Itasca, Texas 76055 March 1, 2007 City of Colleyville Mr. Chris Fuller Community Development Director RE: Creekside at Colleyville Z-07-008 Dear Mr. Fuller, I am hereby formally requesting to amend the master thoroughfare plan to delete Heritage Ave. from its existing termination South of Glade Rd. to Cheek Sparger Rd. This request is made in response to Comment No. 11 by the Development Review Committee. Thank you £or your time devoted to dais matter, your consideration is verq much appreciated. ORDINANCE 0-07-1644 AN ORDINANCE AMENDING THE MASTER THOROUGHFARE PLAN OF THE CITY OF COLLEYVILLE, TEXAS, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INDUCTIVE 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 adopted a Master Thoroughfare Plan on October 15, 1986 by approval of Ordinance 0-86-631; and WHEREAS, the City Council approved the alignment of Village Park, Thompson Terrace, Bedford Road and Pleasant Run Road on August 19, 1997, with the approval of Resolution R-97-1307; and WHEREAS, the City Council adopted the Land Use Plan and the Thoroughfare Plan on September 1, 1998, with the approval of Resolution R-98-1408; and WHEREAS, the City Council amended the Master Thoroughfare Plan on January 4, 2000, with the approval of Ordinance 0-99-1198 to change the classification of Village Park and Thompson Terrace from two-lane roadways to multi-lane roadways and adopted standards for right-of-way and pavement widths; and WHEREAS, the City Council amended the Master Thoroughfare Plan on April 19, 2005, with the approval of Ordinance 0-05-1521 to delete an un-named future north-south collector roadway situated between L. D. Lockett Road and McDonwell School Road; and WHEREAS, the City Council amended the Master Thoroughfare Plan on August 2, 2006 with the approval of Ordinance 0-06-1583 to delete the Minor Collector roadway shown as Sanders Lane, Wyatt Drive and Industrial Boulevard and; WHEREAS, the Planning and Zoning Commission has held a public hearing, received citizen input and has made recommendation regarding the proposed amendment to the Master Thoroughfare Plan; and WHEREAS, notice of public hearing before the Planning and Zoning Commission was published in a newspaper of general circulation in Colleyville at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 10 days before such hearing. Ordinance 0-07-1644 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Thoroughfare Plan adopted by Resolution R-98-1408 is hereby amended to incorporate the following changes: The portion of the Major Collector roadway shown as Heritage Avenue on the current Master Thoroughfare Plan between Glade Road and Cheek Sparger Road, attached as Exhibit "A", is hereby amended from a requirement of eighty (80) feet of right-of-way and four (4) lanes, to a requirement of eighty (80) feet of right-of-way and two (2) lanes. Sec. 2. THAT the Master Thoroughfare Plan, the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 3. 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. 4. 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. 5. 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. 6. THAT this ordinance shall take effect immediately from and after its passage. Sec. 7. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. Ordinance 0-07-1644 Page3of3 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 of Heritage Avenue between Glade Road and Cheek Sparger Road Eliminate from the Master Thoroughfare Plan Heritage Avenue iless y O 3 01 c n 0 a C y C ~ ~~4 ~- ~ a y 3"~ =a ~a ~ _, ? y ~ ~ /~ ~ ~ Oa ~~= (~ ~ y ~ ~ c _' ~, , y ~ a ~ O S, G '~.'! `'`~ ~, ~ `~ _ 3 ~y c c ~;.y ' y^ ~ .: ~ a ~ o 4 ~; '~ 3 ~D y ~ ~ . ~ O D ~ ~ ~a .~ o ;a 0 w N~ O (D ~ `•~ ~ ~ m m CD a, °' ~ ~ ~ ~~ ~"~~ ' ~ 3 _. ..~ ' z c ~ ~ ~ 3 ~~ r~ ~..`~ , 1 ,~~ ~~ ,~ ~;`p~ ,~ .. ~, ` ~J ^~ ~ -a 0 c~ z O i ~`''J ~v ~, ~, v~ D Q a m lf~ c ~I crE,\ yJ o ~ v ~ .. `~ ~ <~~ ° I `~ C O (/~ ~ ~ a o m ~_ ~ C'1 `Q D ~ ~ v y O o. N 01 Q n 0 a C y C ~ ~~4 Q. ~ ~• H o~~, 3 =~ a y ~~ ~ ~~ O y ~ .~ .~ 3 s ~e~= y n3. o ~' ~ ~~a y n0 C ~! ~, n ~ ~_ 3 ~• C .yr. N N! ~ ~ 4 ~o 4 ;; ~~ ~3 ~D y H ~. ~ 3 a '~ ~o ~, o~ ~~ ~~ :a O c~ ~_ O' III (D (D -~ (D m n `G ~, ~~ ~', C} -~ (D m 0 m z O fi C c ~ ~ ~ ~ m ~ a a~ .~' ~D ~~ z ~_ 3 r Q d CD -~,. 7 ~~ r'~ _h f~. c ~I W ~~ S N o v ~. Q ^. m ~. C7 ~, o c n O ~`: ~_ I S m Ca O v p ~. i~ ~ ~'i a ff u --- m ~. cy .1 y~', ~J L ;~ ~i (~D fi --~ G' n D rn n v s y a 0 a ,p- as y ~ -tea ~ a~ ~ ~ ~ =a ~ ~ ~ ~ s y ~ ~ ~ . O y y .c -~ 3 ~? ~e~= ~, n 3. o '' ~ ~ `~ 4 y n O O ~3 c c .yr. y b! Oi ~a ~ o 4 rty s3 cp y c s H ~' .d V //4~ /~ ~Y O ~ ? oa ~D ^. ~D ~ 4 0' v N~ o ~ ~ ~ (D ~m n `.5 m -~ (D -~ 0 m z 0 ~, J /V~`~, `1 ' N ~ ~ ~ ~, _ O ~ ~ ~ ~ `D ~ • o . ~~ ~ e~ Z ~ ~ Q- Q ~ ~ ~ ~ s J ~ ~ ~ n _. , ~ ~ 7 n ~ ~. ~ O ~` `° 0 D Q a ~ ~ 1 ~' m ~ ~ ~ d ~, C ~~` ~ ~ ~V 0~ ~ ~ `~ V' C ~ ~~ T ~~ ~~ Z_ R\ m /~ D v `~ ~~ 100 Main Street ~ City of Colleyville Colleyville, Texas 76034 (817) 503-1000 r,,,:: Agenda Briefing www.colleyville.com File Number: 0-07-1645 File Number: 0-07-1645 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 10/16/2007 Agenda No.: 6b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case Z-07-008 Attachments: Location and Zoning Map Notification List Letters in Opposition Letters of Support Statement of Planning Objectives Traffic Impact Analysis Submitted by Applicant Letter from Mr. Bieberstein Regarding Park Land Small Lot Subdivisions Table Conceptual Site Plan Two Lane and Four Lane Street Sections Portion of Heritage Avenue to be Constructed by City of Euless Ordinance 0-07-1645 History of Legislative File Version: Date: Acting Body: Action Text: 1 08/27/2007 Planning and Zoning Commission 1 09/12/2007 Planning and Zoning Commission 1 09/24/2007 Planning and Zoning Commission 1 10/16/2007 City Council Title Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case Z-07-008 Explanation First Reading and Public Hearing The developer, Landstat L.P., has submitted a request to change the zoning of 108.5 acres, located in the 4900 Block of Heritage Avenue. The applicant is requesting to rezone the property from AG-Agricultural to PUDR-Planned Unit Development Residential. The applicant is seeking a zoning change in order to develop the property for 274 single family residential lots and two commercial lots. The two commercial lots are proposed to allow uses that are allowed in the CN-Neighborhood Commercial, CC1-Village Retail and CC2-Shopping Center zoning districts. Existing Conditions. The property is currently undeveloped and unplatted. Little Bear Creek bisects the property into two sections, one northern, consisting of approximately 50 City of Colleyville Page 1 Printed on 10/11/2007 Agenda Briefin_g Continued (0-07-1645) acres, and one southern, consisting of approximately 28 acres, with the Little Bear Creek floodplain taking up approximately 30 acres of the middle of the property. The eastern portion of the property is bounded by Heritage Avenue, of which the eastern portion of the roadway abuts the border between the City of Colleyville and the City of Euless. Master Thoroughfare Plan. The applicant is requesting an amendment to the Master Thoroughfare Plan in order to remove Heritage Avenue between Glade Road and Cheek Sparger Road. Heritage Avenue is designated as a major collector road on the Master Thoroughfare Plan. As such, it is required to have 80 feet of right-of-way with a total of four lanes upon final improvements. The portion of Heritage Avenue between Glade Road and Cheek Sparger Road is a two lane unimproved street. Access/Traffic Generation. The concept plan submitted by the developer shows primary access to the development from Glade Road and Heritage Avenue on the north side and Cheek Sparger Road on the south side. The developer is also proposing a street connection with Winewood Place, which would provide connectivity to the Prestwick Park neighborhood. Staff recommends that this connection be designed as a cul-de-sac that will complete the existing dead-end street and provide a turnaround for emergency vehicles. The cul-de-sac will include an emergency access gate that will connect to an internal street in the proposed Creekside development, which will provide a second point of emergency ingress and egress into the Prestwick Park neighborhood. An exhibit showing a conceptual configuration is attached to this agenda briefing. As part of the development review process a Traffic Impact Analysis (TIA) was required since the development is projected to generate in excess of 1,000 vehicle trips per day. The developer submitted afour-page preliminary TIA in January, 2007 from the engineering firm of Carter Burgess that was deemed incomplete and insufficient by staff. Therefore, a TIA was contracted to the engineering firm of Freese and Nichols. The Freese and Nichols TIA provided the following information: The background traffic plus the traffic generated by the proposed developments (in the City of Colleyville and the City of Euless) is expected to reach 6,494 vehicles per day on Heritage Avenue near Glade Road by 2012. Heritage Avenue would operate at an acceptable level of service as a two lane undivided collector based on traffic projected to 2012. The TIA generated background traffic information for Heritage Avenue that was projected only to 2012 in order to be consistent with the City of Euless Glade Parks traffic impact analysis. Completion of this development was assumed to occur between 2007 and 2012. The Freese and Nichols TIA concluded that Heritage Avenue would be operating at an acceptable level of service as a two lane undivided collector at 2012 and beyond. If Heritage Avenue is improved, the thoroughfare could function as an alternate north/south route during flood events and provide an alternate north/south thoroughfare with regional continuity. Based on the conclusions above, the following recommendations for improvements to Heritage Avenue were identified: City of Colleyville Page 2 Printed on 10/11/2007 Agenda Briefing Continued (0-07-1645) • Heritage Avenue should be improved as a two lane concrete roadway to serve the proposed developments in the City of Colleyville and the City of Euless on either side of the floodplain. • The sections of Heritage Avenue located within the floodplain should be improved, repaired and resurfaced to a minimum width of 24 feet and flood gates should be added to the roadway on each end of the floodplain. • Heritage Avenue should remain on the Master Thoroughfare Plan as a four lane undivided major collector with 80 feet of right-of-way. With the growth in the area and the regional significance of Heritage Avenue, it is anticipated that Heritage Avenue will warrant a four lane cross-section in the future. • A three lane northbound approach on Heritage Avenue be constructed at the intersection of Heritage Avenue and Glade Road to accommodate a dedicated left turn lane, through lane and dedicated right turn lane. • The free right turn lane at the intersection of Cheek Sparger Road should be removed as part of the redevelopment of the northwest corner of Heritage Avenue and Cheek Sparger Road. • Dedicated southbound and eastbound left turn lanes should be constructed at the intersection of Heritage Avenue and Cheek Sparger Road. The developer of the commercial and residential development within the City of Euless has agreed to construct two lanes of Heritage Avenue from Glade Road extending approximately 1,700 feet to the south. The scope of improvements to the remainder of Heritage Avenue will be determined upon an assessment of the current roadway conditions. The street may include a mill and asphalt overlay. Another recommendation of the Freese and Nichols TIA is that there be no access to Glade Road from the proposed development for the following reasons: • There are currently several access points along Glade Road that have an impact on the capacity of roadway. Therefore, minimizing the access points along Glade Road will help the roadway to maintain capacity. • Heritage Avenue will serve as a better access point for the north Creekside Development by providing less delay for the traffic exiting the development and the traffic signal at Glade Road and Heritage Avenue will provide a safer route to the north and west of the development. • If the connection at Glade Road is eliminated, the development would not be subject to cut-through traffic from Glade Road onto Heritage Avenue. Future Land Use Plan. The Future Land Use Plan designates the subject property for future retail and single family residential uses. Approximately 33 acres of land is dedicated for retail use. The portions designated for retail use are 7.6 acres located on the northeast and 25 acres on the southeast along Heritage Avenue. The remainder of the property (75.5 acres) is dedicated for single family residential uses. In 2004, Council approved an amendment to the Future Land Use Plan to include commercial designations along Heritage Avenue to ensure the preservation of retail along the roadway. City of Colleyville Page 3 Printed on 10/11/2007 Agenda Briefing Continued (0-07-1645) Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. However, The Master Plan specifically states that the subject property could develop at a higher density of up to 3.5 units per acre given the location characteristics of the property. The proposed development of 274 residential units on this 108.5 acre property will produce a density of 2.5 dwelling units per acre. The applicant, however, proposes a density of 3.0 dwelling units per acre in the attached Statement of Planning Objectives. The recommendation from the Planning and Zoning Commission is for a maximum residential density of 2.6 dwelling units per acre. A comparison of small lot subdivisions is attached to this agenda briefing. Commercial Properties. The total acreage for the commercial properties, as proposed by the applicant, is 1.6 acres; one acre to be located at the southwest corner of Glade Road and Heritage Avenue and 0.6 acres to be located at the northwest corner of Cheek Sparger Road and Heritage Avenue. The applicant is requesting that the uses allowed on these properties include all uses allowed in the CN-Neighborhood Commercial, CC1-Village Retail and the CC2-Shopping Center zoning districts. Staff recommends that only the sales tax generating uses and professional office uses listed in the aforementioned zoning districts be allowed. Staff also recommends that commercial zoning extend approximately equal to the southernmost point of the adjacent Target retail store site. The intent of this recommendation is to prevent the location of residential uses behind a commercial loading dock facility. The Future Land Use Plan designates 33.6 acres, located on the northeast and southeast portions of the subject property, for retail uses. Therefore, the applicant is requesting an amendment to the Future Land Use Plan in order to change the remaining 31.4 acres of future retail on the property to future single family residential uses. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet and lot depth of 120 feet. The developer has provided information for inclusion in the PUDR ordinance regarding lot sizes, lot widths and lot depths. Planning Area "A" will consist of 9,000 square foot single family lots and Planning Area "B" will consist of 5,000 square foot single family lots. The two commercial lots proposed will be subject to the lot setback requirements for the CN-Neighborhood Commercial, CC1-Village Retail and CC2-Shopping Center zoning districts. It should be noted that the conceptual plan submitted by the applicant does not take into account the required 80 feet of right-of-way for Heritage Avenue, which is a major collector street. Therefore, lot configurations and residential densities may change given required changes in right-of-way dedications. City of Co/leyville Page 4 Printed on 10/11/2007 Agenda Briefing Continued (0-07-1645) The following are the proposed lot size breakdowns within each planning area: Planning Area "A" Minimum Lot Size: Minimum Lot Width: Minimum Lot Depth: Front Building Line: Side Building Line: Rear Building Line: Maximum Building Height: Maximum Lot Coverage: Planning Area "B" Average Lot Size: Minimum Lot Size: Minimum Lot Width Minimum Lot Depth: Front Building Line: Rear Building Line: Maximum Building Height: Maximum Lot Coverage: 9,000 square feet 70 feet 120 feet 20 feet or 15 feet for front swing garage 5 feet 10 feet 40 feet 65% 5,500 square feet 5,000 square feet 50 feet 105 feet 20 feet or 15 feet for front swing garage 0, 1 or 9 feet with a 10 foot minimum between buildings 40 feet 65% Open Space. The PUDR regulations require a minimum 20%, or 21.7 acres, of the development be reserved for open space for use by the residents of the development. The applicant is currently proposing approximately 37%, or 40.1 acres, of open space. The applicant proposes the following open space amenities: picnic tables, benches, playground equipment, concrete and crushed granite walking paths, a gazebo, an arbor, other garden type built elements with a fireplace, fountains, lights and a dock and pier. All open space lots and amenities will be owned and maintained by the Homeowner's Association (HOA). Approximately 30%, or 32.6 acres, of the property is located within the 100 year floodplain and 15%, or 16.3 acres, is located within the floodway. The 100 year floodplain essentially means that there is a 1 % chance that the property could flood in any given year and the floodway refers to the part of the floodplain that carries the bulk of the floodwater downstream and is usually the area where water velocities and forces are the greatest during a major flood event. Floodplain is defined as a relatively flat area or low lands adjoining the channel of a river, stream, lake, or other watercourse, which has been or may be covered by flood water. Fooodway is the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without increasing the water surface elevation. Development of any type is prohibited within the designated floodway. Development within a floodplain area is expressly limited to non-permanent structures that do not raise the elevation of the water surface (sidewalks, trails). City of Colleyville Page 5 Printed on 10/11/2007 Agenda Briefing Continued (0-07-1645) Parkland Dedication. Parks and Recreation Department consultant, Newman, Jackson and Bieberstein, Landscape Architects, was commissioned to examine the feasibility of developing the land within the floodplain as a City park. In his letter to the City, Mr. Von Bieberstein states that "it would be very expensive to develop this land for active recreational uses in that fill and channeling Little Bear Creek would be necessary to reclaim the amount of area needed for maintainability and safe, productive use." In lieu of parkland dedication, parkland dedication fees will be required for newly created lots and will be assessed at the time of approval of the subdivision plat. The fee for residential development is $1,802 per lot and the fee for non-residential development is $800 per acre. The developer has agreed to pay the parkland fees. Sidewalks and Trails. Four (4) foot sidewalks are required to be constructed along all proposed internal streets and five (5) foot sidewalks are required along Glade Road, Cheek Sparger Road and Heritage Avenue. The Colleyville Pathways Plan designates a 1.2 mile long, ten (10) foot wide trail to be constructed as part of this development extending from Glade Road to Cheek Sparger Road through the subject property. The applicant intends to appeal the proposed location of the trail to the Colleyville Sidewalks and Trails Committee as he proposes to construct the trail along Heritage Avenue. Fences, Walls and Screening. The developer proposes to construct a six (6) foot masonry fence, per the attached exhibit, along the northern and southern boundary of the property where it abuts Glade Road and Cheek Sparger Road. Lots adjacent to open space areas will have wrought iron fences along the open space boundary. The developer is proposing that a six (6) foot masonry wall be required between commercial and residential uses, which is two feet below the Land Development Code requirement of eight (8) feet between residential and commercial uses. Staff recommends that eight (8) foot high fencing be utilized as required by the Land Development Code. Surrounding Development Trends. The surrounding properties are single family residential, commercial and institutional uses. The properties to the north are zoned CC1-Village Retail, R30-Single Family Residential and PUDR-Planned Unit Development Residential zoning districts and are developed as a church, future townhomes and existing retail. Properties to the south are within the City of Bedford and developed as single family residences. The properties to the east are within the City of Euless and are planned to be developed as retail and residential. The properties to the west are zoned PUDR-Planned Unit Development Residential, R20-Single Family Residential, R30-Single Family Residential, RE-Single Family Estate Residential and RD-Two Family Residential district and are developed as single family homes. Tree Preservation. A tree survey of the property is required after final plat approval, at the time of submittal for a clearing and grading permit. However, the applicant is requesting a waiver from this requirement. City of Colleyville Page 6 Printed on 10/11/2007 Agenda Briefin_4 Continued (0-07-1645) Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the Colleyville Engineering Department. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting process. Public Notification. Staff mailed notices to 82 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 eight letters of support as well as a petition signed by 32 residents in the Prestwick Park addition. Thirteen letters in opposition have been received. As of this agenda briefing, 11 percent of the land within 200 feet of the subject property is owned by property owners in opposition to the rezoning request Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the September 24, 2007 meeting by a vote of 6-0 subject to the following recommendations: • The entrance to the development from the Prestwick Park Neighborhood shall be for emergency access only; • There be no waiver to the tree survey/preservation requirements; • All proposed lots that back up to existing single family residential lots, not part of this development, have a minimum 30 foot rear-yard setback; • All cul-de-sac streets in the proposed development meet the requirements of the Land Development Code with regard to the number of lots allowed along the street; • A conceptual site plan showing all proposed lots be submitted that accounts for Heritage Avenue containing 80 feet of right-of-way; and • There be at least two (2) points of access into the southern portion of the developmE Cheek Sparger Road or Heritage Avenue. Summary. The proposed zoning change provides a residential density that is consistent with the Master Plan. The proposed area of commercial designated land is less than currently shown on the Future Land Use Plan. Given the recommendations of the traffic impact analysis, staff does not support the applicant's request to remove Heritage Avenue from the Master Thoroughfare Plan. Staff recommends that the entrance to the development along Glade Road not be permitted, and the roadway connection to Winewood Place be designed as a cul-de-sac. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the following conditions stated within the draft ordinance: City of Colleyville Page 7 Printed on 10/11/2007 Agenda Briefing Continued (0-07-1645) 1. General a. The purpose of this PUDR is for asingle-family residential development of detached dwelling units, constructed at a gross maximum density of 2.6 dwelling units per acre; and two commercial lots, as shown on Exhibit "C" labeled as Conceptual Site Plan. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. Conceptual Plan and Platting a. The subdivision shall be generally consistent with Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangemen# may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. Permitted Uses a. Single-family residences, detached. b. All commercial properties, as designated on Exhibit "C", shall allow only uses permitted in the following zoning districts that are; (1) either State of Texas sales tax generating businesses, or (2) professional offices: CN Neighborhood Commercial zoning district, the CC1-Village Retail zoning district and the CC2-Shopping Center zoning district. 4. Residential lot Requirements and Setbacks Planning Area "A" Minimum Lot Size: Minimum Lot Width Minimum Lot Depth: Front Building Line: Side Building Line: Rear Building Line: Maximum Building Height: Maximum Lot Coverage: Planning Area "B" Average Lot Size: Minimum Lot Size: Minimum Lot Width Minimum Lot Depth 9,000 square feet 70 feet 120 feet 20 feet or 15 feet for front swing garage 5 feet 10 feet 40 feet 65% 5,500 square feet 5,000 square feet 50 feet 105 feet City of Colleyville Page 8 Printed on 10/11/2007 Agenda Briefing Continued (0-07-1645) Front Building Line: 20 feet or 15 feet for front swing garage Rear Building Line: 0, 1 or 9 feet with a 10 foot minimum between buildings Maximum Building Height: 40 feet Maximum Lot Coverage: 65% 5.Open Space a. This development shall provide a minimum of 37% common open space, which shall be for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space shall be maintained by the Homeowners Association. c. The following amenities are permitted in the open space lots: picnic tables, benches, playground equipment, concrete and crushed granite walking paths, a gazebo, an arbor, other garden type built elements with a fireplace, fountains, lights, and a dock and pier. These amenities shall be owned and maintained by a homeowners association. 6. Private Sidewalks and Streets a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. b. The walking paths located within the open space areas shall be constructed of concrete. c. A ten (10) foot wide concrete trail approximately 1.2 miles long shall be constructed with all other public improvements as part of this development between Glade Road and Cheek Sparger Road. 7. Screening a. A six (6) foot tall masonry fence shall be constructed along the frontage of Glade Road and Cheek Sparger Road. b. Wrought Iron fences shall be built along the common boundary where residential lots abut designated open space areas. c. An eight (8) foot masonry wall shall be built between any commercial and residential lots. 8. Other a. Ingress and egress from Winewood Place shall be restricted to access by emergency vehicles only. b. The number of lots allowed with frontage on a cul-de-sac street shall adhere to the requirements of the Land Development Code. c. The portion of the development located south of Little Bear Creek shall have a minimum of two (2) points of public vehicular ingress and egress from Cheek Sparger Road and/or Heritage Avenue. d. There shall be no direct access onto Glade Road from this development. e. There shall be no single family uses allowed adjacent to Heritage Avenue where City of Colleyville Page 9 Printed on 10/11/2007 Agenda Briefing Continued (0-07-1645) there are, as of the passage of this ordinance, existing commercial uses directly across Heritage Avenue within the City of Euless. f. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. City of Colleyville Page 10 Printed on 10/11/2007 Location and Zoning Map Notification List OWNER OWNER OWNER OWNER NAME OWNER ADDR CITY STATE ZIP SITUS ADDR Alexander, Scott Etux Becky 3411 Langley Hill Ln Colleyville TX 76034 003411 Langley Hill Ln Ashby, James K Etux Gloria K 3907 Bowden Hill Ln E Colleyville TX 76034 003907 Bowden Hill Ln E Barnard, William H Etux Colene 3613 Wexford Ct Colleyville TX 76034 003613 Wexford Ct Baron, Doug Etux Sharon K 3402 Cambridge Ct Colleyville TX 76034 003402 Cambridge Ct Barr, Terry Etux Theresa 3612 Cotswold Ct Colleyville TX 76034 003612 Cotswold Ct Bond, Herman 4005 Bowden Hill Ln E Colleyville TX 76034 004005 Bowden Hill Ln E Burton, Martha 4405 Bowman Dr Colleyville TX 76034 003809 Glade Rd Carlisle, Vinece Etvir Thomas 4306 Chrismac Way Colleyville TX 76034 004306 Chrismac Way Clegg, Francis L Etux Doris M 3403 Cambridge Ct Colleyville TX 76034 003403 Cambridge Ct Cohen, Andrew R Etux Miriam A 3503 Pembrooke Pkwy S Colleyville TX 76034 003503 Pembrooke Pkwy S Corbin, Billy J Etux Marie A 4205 Lexington Pkwy Colleyville TX 76034 004205 Lexington Pkwy Corey, David L Etux Mary B 4202 Lexington Pkwy Colleyville TX 76034 004202 Lexington Pkwy Crump, Edward J Etux Kay M 3404 Pembrooke Pkwy S Colleyville TX 76034 003404 Pembrooke Pkwy S Gauntt, Janine L 4105 Lexington Pkwy Colleyville TX 76034 004105 Lexington Pkwy Gavalak, K A Etux Gladys M 4203 Lexington Pkwy Colleyville TX 76034 004203 Lexington Pkwy Godbey, Neil A 3612 Wexford Ct Colleyville TX 76034 003612 Wexford Ct Greenway Glade Partners LP 3900 Glade Rd. Colleyville TX 76034 3900 Glade Road Harrington, R G & D Smith Exec 2800 Heritage Ave Euless TX 76039 002800 Heritage Ave Harrington, R G & Dorothy Exec 4000 Heritage Ave Colleyville TX 76034 002800 Heritage Ave Harrington, Samuel M PO Box 150069 Dallas TX 75315 000000 Heritage Ave Harrington, Samuel Mason 2760 Fuller Wiser Rd Euless TX 76039 000000 Glade Rd Hartnett, Stephen P 1812 Cindy Ln Ste 100 Bedford TX 76021 004500 Winewood Ct Hohertz, Michael Etux Marie 3411 Bowden Hill Ln. N. Colleyville TX 76034 3411 Bowden Hill Ln. N. Huber, Emery C Etux Anastasia 3501 Cambridge Ct Colleyville TX 76034 003501 Cambridge Ct Hyde, Franklin H & Peggy J 3501 Pembrooke Pkwy S Colleyville TX 76034 003501 Pembrooke Pkwy S Jackson, Paul K Etux Kristine 4204 Lexington Pkwy Colleyville TX 76034 004204 Lexington Pkwy Judkins, Stephen & M R Judkins 4305 Lexington Pkwy Colleyville TX 76034 004305 Lexington Pkwy Kenzie, Natalie A Etvir John W 4207N Lexington Pkwy Colleyville TX 76034 004207 Lexington Pkwy Kyle, Suzanne 414 Candy Dr. Converse TX 78109 4007 Bowden Hill Ln. E. Lappo, Cynthia L. 3903 Bowden Hill Ln. E. Colleyville TX 76034 3903 Bowden Hill Ln. E. Lenamon, Pamela Ann 4318 Pembrooke Pkwy N Colleyville TX 76034 004318 Pembrooke Pkwy N Lincoln, Kathleen K 4101 Lexington Pkwy Colleyville TX 76034 004101 Lexington Pkwy Malone, Gary Louis 4605 Winewood Ct Colleyville TX 76034 004605 Winewood Ct Malone, Susan Fran 4605 Winewood Ct Colleyville TX 76034 004609 Winewood Ct Maples, Horace F 7313 Silver Sage Dr Fort Worth TX 76137 003804 Glade Rd McCluney, C & Amos McCluney 4200 Lexington Pkwy Colleyville TX 76034 004200 Lexington Pkwy McElroy, Richard B & Lynda 3613 Winewood PI Colleyville TX 76034 003613 Winewood PI McKinney, James E Etux Deanna 4303 Lexington Pkwy Colleyville TX 76034 004303 Lexington Pkwy MDC-Heritage Oaks Estates Ltd. 545 E. John Carpenter Fwy. Irving TX 75062 3810 Glade Road Meeker, Timothy Etux Tamela 3609 Winewood PI Colleyville TX 76034 003609 Winewood PI Miller, Michael Etux Shannon 3609 Wexford Ct Colleyville TX 76034 003609 Wexford Ct Nguyen, Manh Cuong Etux Ly Thi 3412 Middleton Way Colleyville TX 76034 003412 Middleton Way Petty, Randy G Etux Carol S 176 County Road 4680 Boyd TX 76023 004900 Heritage Ave Pitts, Wallace J Etux Shari G 3612 Amberley Ct Colleyville TX 76034 003612 Amberley Ct Platania, Joseph K Etux Lynn M 4102 Lexington Pkwy Colleyville TX 76034 004102 Lexington Pkwy Ramsey, Robert Ray 4100 Lexington Pkwy Colleyville TX 76034 004100 Lexington Pkwy Routen, Rodney C Etux Patricia 3609 Cotswold Ct Colleyville TX 76034 003609 Cotswold Ct Saint Mary's Romanian Orth Ch 3801 Glade Rd Colleyville TX 76034 003801 Glade Rd Scheu, Dennis J Etux Cathy 3608 Winewood PI Colleyville TX 76034 003608 Winewood PI Schide, James Etux Sharon PO Box 697 Colleyville TX 76034 004201 Lexington Pkwy Schmidgall, Jay J Etux Robin 3909 Bowden Hill Ln E Colleyville TX 76034 003909 Bowden Hill Ln E Scott, Larry P & Laurie A Llc 1915 Yorkshire Ct Lincoln NE 68506 003830 Glade Rd Sharp, James W Etux Barbi L 3609 Amberley Ct Colleyville TX 76034 003609 Amberley Ct Shepard, Walter N Etux Cynthia 4003 Bowden Hill Ln E Colleyville TX 76034 004003 Bowden Hill Ln E Shuttle Consulting Limited 3612 Winewood Colleyville TX 76034 003612 Winewood PI Silverman, Donald Etux Joy PO Box 610735 Dallas TX 75261 003411 Middleton Way Smith, Dorothy 1600 Cripple Creek Irving TX 75061 Courtesty Notification Sohn, Taesik Etux Kyu Nam Sohn 3608 Amberley Ct Colleyville TX 76034 003608 Amberley Ct Sp Hartnett Co Ltd 1812 Cindy Ln Ste 100 Bedford TX 76121 003500 Cambridge Ct Stovall, Scott Etux Christi P 3905 Bowden Hill Ln E Colleyville TX 76034 003905 Bowden Hill Ln E Sublett, Chas L Etux Delores C 3608 Wexford Ct Colleyville TX 76034 003608 Wexford Ct Swann, Thomas M Etux Virginia 4313 Pembrooke Pkwy N Colleyville TX 76034 004313 Pembrooke Pkwy N Taylor, Mary Etvir Kenneth Ray 4307 Lexington Pkwy Colleyville TX 76034 004307 Lexington Pkwy Theiss, Edward Etux Patricia 4103 Lexington Pkwy Colleyville TX 76034 004103 Lexington Pkwy Thetford, Jerry Etux Faye PO Box 170067 Irving TX 75017 003711 Glade Rd Torbatian, Ebrahim Etux J 4301 Lexington Pkwy Colleyville TX 76034 004301 Lexington Pkwy Tran, Tam Thi 3613 Amberley Ct Colleyville TX 76034 003613 Amberley Ct Von Storch, Kenneth Etux Debra 5005 Overhill Dr Colleyville TX 76034 004009 Bowden Hill Ln E Watson, Richard A & Stephanie 3410 Bowden Hill Ln N Colleyville TX 76034 003410 Bowden Hill Ln N Wilkinson, Ken Etux Diana 3608 Cotswold Ct Colleyville TX 76034 003608 Cotswold Ct Witt, Robert A Etux Laurie E 4601 Winewood Ct Colleyville TX 76034 004601 Winewood Ct Witt, Robert Etux Laurie 4601 Winewood Ct Colleyville TX 76034 004503 Winewood Ct Wood, Jerry W Etux Maurine 3613 Cotswold Ct Colleyville TX 76034 003613 Cotswold Ct Wright, David R Etux Selda 3407 Pembrooke Pkwy S Colleyville TX 76034 003407 Pembrooke Pkwy S Yu, Chiao-Chin Mark Etux Yuen 3901 Bowden Hill Ln E Colleyville TX 76034 003901 Bowden Hill Ln E Ziegler, David C Etux Blanche 3410 Langley Hill Ln Colleyville TX 76034 003410 Langley Hill Ln Estate of Maritha Burton 4420 W. Vickery Blvd. Fort Worth TX 76107 Courtesty Notification Prestwick Park HOA 4900 Prestwick Drive Colleyville TX 76034 Courtesty Notification Woodland Hills HOA 4106 Oxford Ct. Colleyville TX 76034 Courtesty Notification Woodland Hills HOA 3204 St. Albans Cr. Colleyville TX 76034 Courtesty Notification 3798 Glade Investment Ltd 304 Kent Ct. Southlake TX 76092 Tr 7B & 761 A; A-1034 Landstat, L.P., applicant P.O. Box 334 Burleson TX 76097 applicant Letters in Opposition August 20, 2007 To: City of Colleyville Planning and Zoning Commision Mr. Jeff Byerly, Chairman From: John and Natalie Kinzie 207 Lexington Parkway Colleyville, TX Re: Zoning Case Number: Z-07-008 Dear Mr. Byerly and Commission Members, We would like to formally object to the subject zoning change request. The unused land bordering our property was one of the reasons we bought our house in 2005. We believe that developing said property will dramatically lower the value of all the properties on the East side of Lexington Parkway. Additionally, we object to the removal of Heritage Avenue from the Master Thoroughfare Plan. We use this street often between Cheek Sparger and Glade, primarily to get to the shopping center on Glade. Thank you for your consideration /~ John Kinzie Natalie Kinzie RECEIVED (Per ............. Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date : 8 ~Z ~ ~ 7 This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. Signed, ~ ~ K~ ~ ~ ~30 7 ~~'~~~ ,-oxl ~~(~~~ll~ ~ ~~0~4 RECEIVED ;i~ ~~ ,; ,r,i,, Per ............. Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date : ~ ~`~~ ~4'~"` This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: l r ~~~ ~ P Signed, i 1~~t .~,~ ~i~ r.~~~ ~e5~~ . ~ ~ a f o ~`f- ,..,. `~ r 2~~~ Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date : ?~ /yo ja 7 This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: ~i - Cu, ~ 9~ ~ ~o w.~r-~l ~~~L 1.,~~~, ~ C~I~L.~ ~l Y~ L ~' ~ ~~ 0 3 ~ ,r Signed, `~" ~ °%7 RECEIVED /-ii~l:~ ~ ~ Jiji?i Per ............. i Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: <`~ ' ~~ 3°~o s i3oW ~,~~ll L~ Signed, RECEIVED ~,~.i::~ ~? ~ ~'i,~~r ~ Per ..-.-.......... Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: ~1G~ ~~^^.- ~ J~ ~Q~ / This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: ~ffey~~(~~ lx 7C~d~~ ~~"~ ft~CE1VEDl :. ;r ,,~,;~~ ri it (' t /_',1 V Par ........« Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: y6oi 1,~,1~ ~~, RECEIVED r~l.~i:~ ~ ~ ~rJti(~ Per r~~s~~~~rw~~ ~- Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & addressM is: IL l ~(~ 3 ~~~e~~~~~ Signed, ~~~~1~ ~~cEivEDI Per .......,.~.,~'! Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: ~_la~s ~- ~.r~-~ s C .V lc~- ZD God e~ 7l00~ RECEIVEt~ :Per r•v~~~••...•u Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly rejec~~e proposed zoning change of this parcel(ie~- 108.5 ac. in the E1 beth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My~name & address isy~,~ ~3 ,~ cx f ,vg ~e~/ ~i~C ~1 ~ ~~- ~ o ,i ~ ~~ RECEIVED %,ri Per ............. Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: My n e & address is: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. ~ o 7 ~~/ Sign, .~..., ~ r RECEIVED Per ............. Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's 'Notice of Public Hearing' Zoninq Case # Z-07-008. It is my/et1P opinion and demand that ~/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My name & address is: ,~~HC2 ~Gv.-` 3Gc,4- 1,J't ~wocc~,c~ ~('~ Cc~ GCS./ v r C4 ~~ 7Go 3 /.~.. Signed, /• ~~~ ~_ RECEIVED Per ............. Community Development Dept. City of Colleyville 100 Main St. Colleyville, TX. 76034 Date: This correspondence is in direct response to the Planning and Zoning Commission of Colleyville's `Notice of Public Hearing' Zoning Case # Z-07-008. It is my/our opinion and demand that we/I strongly reject the proposed zoning change of this parcel(ie.- 108.5 ac. in the Elizabeth Cox, John H. Havens and the Jesse Doss surveys) from AG-agricultural to PURD- Planned Unit Development Residential. My ~n"~ame & address is /~ /l~~ 7 a ~ -~ Signe ,•, RECEIVED I Per ............. Letters of Support Prom: GLMaloneMD Sent: Sunday, April 01, 2007 7:05 PM To: David Kelly; ayresj@ci.colleyville.tx.us; Tom Hart; Rich Hendler; Tony Licata; bollg@colleyville.tx.us; Mike Taylor; Cynthia Singleton; Nicole Seidel Subject: **SPAM ALERT**Proposed Land Use: Put us first! Dear City Councilperson and P&Z Board Member, We are Gary and Susan Malone and our home is located at 4605 Winewood Court and 4609 Winewood Court (double lot). We have lived here since we built our home in 1992. We are writing about our concern for the planned use of the property between our home and neighborhood and Heritage Road to the east. We, with our neighbors, support residential only on this tract. The houses should be in accordance in Colleyville code of at least one half acre. Please note that we were repeatedly reassured that Colleyville would never allow homes less than one-half acre prior to building our house. The current builder's plan has four separate houses adjacent to our home in a high density development in violation of existing code. We strongly support honoring the hard fought greenbelt park from the 1998 P&Z master plan. As you know, this was stricken only due to legal technicalities and the greenbeltlbuffer still represents the will of the people of Colleyville. This plan was designed to buffer us from either commercial or high-density residential development. As we cannot trust what the developer will actually do, a greenbelt/buffer would protect our interests. This would also satisfy the Park Plan of 2005 showing a hike and bike trail in this tract. Simply putting the hike and bike trail between our neighborhood and this development serves both purposes. We also back up to a large grove of pre-Civil War red oak trees. A greenbelt/buffer would protect most of these trees. A thoughtful chance at preservation occurs only once. The city council and planning and zoning have the task of balancing the interests of all parties. The sellers want to maximize the value of their family's land. The developer wants to flip a large profit for himself. The city wants tax dollars. But please remember, the land only has value and in fact, the city only exists because we believed what the city father's told us and moved here. If we had not come, this land would still be used to graze animals and grow cantaloupes. Put us first! We have lived out our dream in Colleyville. Our home and neighborhood are precious to us. We could have built anywhere, but chose here because of the attitude of the city and the promise our home would be protected. Please help us and our neighbors in this urgent matter. Sincerely, Gary L. Malone, M.D. Susan Malone Apri14, 2007 Mr. Buddy Shepherd Landstat, L.P. These Comments reflect the thoughts of Woodland Hills HOA on the proposed developmern, C1tEEKSIDE at COLLEYVII..LE. Woodland Hills is a Residential Subdivision of 473 single family homes that abuts the southern portion of this proposed developmern north of Cheek-Sparger Road.. Let me say to start with, we appreciate being informed of the project in its early stages so we can offer any thoughtslsuggestions on its development. We, as a group, are in favor of a residential plan as opposed to commercial for this property that abuts our homes. Ingress and Egress is a concern for those people on the south end of Woodland Hills who try to get onto Cheek-Sparger during peak hours in the morning and evening. There will be 123 families trying to do what we now fight to do each day. A similar concern applies to the access to Glade Road, but opening the Cul-de-sac to Heritage Road minimizes this access problem. Closing Heritage Road to through tragic and making the majority of the length a hike & bike trail is positive. GENERAL COb~IlVIENT: We do not need nor want additional commercial activity at this site, especially if the city of Euless develops the east side of Heritage as their plan shows and which they have started.. Respectfully submitted, L~'~v~. ohn Gray, for. the W d Hills HOA City Liaison to the HOA \J~C'~ 01 ~G~ ~ti° ~ ~ ~ :: P ~. Q~~ Date: March 30, 2007 To: City of Coileyville Planning and Zoning Committee From: Prestwick Park Home Owners Association (PPHOA) Re: Z-07-008 Creekside at Colleyville AG to PUD-R We the members of the Prestwick Park Home Owners Association (PPHOA) would like to voice our support for the re-zoning change from Agriculture to Residential for the parcel of land just adjacent to the Prestwick Park and Woodland Hills developmenrt between Glade Road and Cheek Sparger. This developmem is to be named the Creekside at Colleyville developme~. We as an organization believe very strongly that this area of the city should be the "Gateway to Colleyville" from the east. Furthermore, it should be noted, that the neighborhoods around this area should represent the city in a manner that shows our pride in the city and its continued development. The Prestwick Park Home Owners Association took these points into discussion and consideration and we would equally like to encourage the board to consider these points as well: ^ Requiring the developer to develop hauling lot sizes that border the Prestwick Park subdivision to 1/2 acre lots which are comparable to curneat Colleyville standards. These standards were adopted by the Prestwick Park developmem. o Additional lot development within this development could be smaller in other areas of the development at the discretion of the developer. ^ Request that the developer refrain from establishing a vehicular passage between the Prestwick Park development and the Creekside at Colleyville development along Winewood Place o It is intention of the PPHOA that traffic Sow between the two developments be minimized to ensure privacy for each development and to keep any additional traffic flow from congesting the curnnt neighborhoods. ^ We ask the Planning & Zwiing Committee to honor the agreed greenbelt master plan from 1998 adjacent to the Prestwick Park developmem. o This greenbeh concept is consistent with the City's plans as designated in the Trail and Sidewalk System Proposed Plan of 2005. o The area immediately adjacent to Prestwick Park is heavily wooded with large oak trees, some of the largest and oldest in Colleyville. A greenbelt in this area would allow many of these tress to be preserved. The PPHOA is equally concerned about the proposed traffic flow for the Creekside at Colleyville development onto Glade Road at as ikon that is already very congested. We would ask the Planning & Zoning Committee to look carefully at the proposed concept of shutting down a portion of Heritage Boulevard so that if it is to remain open and developed, that the Creekside at Colleyville development traffic flow be changed to be placed out onto O Heritage Boulevard to ease potential traffic flow issues. ~`~!~ ~p1 G ~`L ~~ ~ ' ~P .* oe~ • o The changing of entrances and exits would encourage traffic flow to the intersections of Heritage Boulevard /Glade Road to the North and Heritage Boulevard /Cheek Sparger to the South on both ends. o Eventual development of this land will send all school age children to HES, HMS, and CHHS. Because of the close proximity, there will be no bus service offered by the GCISD for these residents. This will also add to the already congested intersection throughout the day. As a unified homeowners association, we feel that it is very important to maintain a high standard of living with sound residential communities supporting a great educational system. Furthermore, it is also important that as tax payers, we help to develop and maintain strong economic development for the City of Colleyville. The undersigned members of the PPHOA wish to voice their strong support for this zoning change and to ask the Planning and Zoning Committee to address the concerns stated within this letter. We wish to continue to seethe "Gateway to Colleyville" continue to develop and prosper. Respectfully, PPHOA Members Prestwick Park Homeowners Association Members: Name (Please print) Signature Address (#/Street) Qlu~e~. •+ Ch ~' i5 I-~ tl ~ ~z,, ~,~. H~ll~ ~tz'~fibw iLl~ ~J ~L~L 1- ~.'~ ~~ ti's 1~,4~~,h ~,~ /~l"~`Q .~%-~r.~,~,~~ ~g~ t '3 ~~~k,~21~ ~' Z' y6o r ~ 'tde)~ ,~' J J ~ „'1 4- ~,,1~ r~, Sh~r~ ~ 3~0~ ~s=wry ct Tf~-~n -E ~ a~ t- 36 ~ ~ ~.1,~.7 cam" ~I ~ FiT~ . , / f ~~ (/ . ~L ~O/~ ~( v A R~.~ie ~oa~ ~ (~J~ two GPI ~ Qrvice ~e~•~<< Nc Mot-rt S y ~ O 8 ~~e s~vJ ~ c~ nn , ~~`~ VT- ~ r Cf/4 U~~~ ~ , ~ ~ _...._., i ~L ~.. ~ ,~ / Prestwick Park Homeowners Association Members: (continued) Name (Please print) Signature Address (#/Street) T `n I'~1 ~~~~c~ri2, ~'-~ ` E ./t ~.~ P.~G„ 3 ~ l i. C ~'l'Sw o zD 11~~ ~2'~'l ~r ~ e I~`, ~e~ X60 ~~~,~ c~' S ~ ~ 3~ ~~ ~ U~ G ~, ~ ~~ s ~ o 0 ,~~v;~'sJl( ~ ~ ~ ~ C~~~1 c~, ~ ~G~- I C~a~-S~••u ~ ~ i ~ }~- ~l~l 1~in~w~ad C#' W ~~ ~~ I ~ • I/1~J~~~~~1~ ~J ~~ 3G /~ AtM~ ~'r j~ G._. ' / ~_„_ 1 i rr , / (O~ G!/ ~,~ 3~ os ~c,~ ~,-~,~ ~ From; Rod Routen -_ Sent: Thursday, August 23, 2007 10:31 AM To: Wilkesct2@comcast.net Subject: Fw: Zoning Case Z-07-008 RE: Zoning Case #Z-07-008 (4900 Heritage Ave.) To be heard Monday, August 27 We are homeowners in Prestwick Park, Colleyville and wish you to know that we support the above request, which we feel would be the best use of the property in question. The removal of Heritage Ave. from Glade to Cheek- Sparger is an important part of this plan. Sincerely, Rod and Pat Routen 3609 Cotswold Ct. Colleyville, Texas (817) 540-4729 Yageloil Amy Shelley From: H. Daniel Fawcett -_ Sent: Sunday, August 26, 2007 7:45 PM To: Amy Shelley Cc: Subject: Z-07-008 My wife and I are unable to attend the Planning and Zoning Commission: August 27th 2000 @ 7:30 pm but we wish to go on record as being in favor of the amendment to the Master Thoroughfare Plan to remove Heritage Avenue from Glade Road to Cheek Sparger Road. H. Daniel Fawcett & Maria A. Fawcett 3303 Cambridge Court Colleyville, TX. 76034 8/27/2007 rageioi~ Amy Shelley From: Maria Fawcett Sent: Sunday, August 26, 2007 7:52 PM To: 'H. Daniel Fawcett ;Amy Shelley Subject: RE: Z-07-008 Ditto, Maria Fawcett From: H. Daniel Fawcett Sent: Sunday, August 26, 2007 7:45 PM To: shelleya@ci.colleyville.bc.us Cc: magfaw@tx.rr.com Subject: Z-07-008 My wife and I are unable to attend the Planning and Zoning Commission: August 27th 2000 @ 7:30 pm but we wish to go on record as being in favor of the amendment to the Master Thoroughfare Plan to remove Heritage Avenue from Glade Road to Cheek Sparger Road. H. Daniel Fawcett & Maria A. Fawcett 3303 Cambridge Court Colleyville, TX. 76034 8/27/2007 From: dennis ~_ Sent: Thursday, August 23, 2007 4:4~ ~- To: duffydc@sbcglobal.net; Jeff.byerly@comcast.net; redfearn@bigfoot.com; Phelps- david@swbell.net; Wilkesct2@comcast.net; mary@thetaylormadeteam.com; larryknox@earthlink.net; wollinc@ci.colleyville.tx.us; hartt@ci.colleyville.tx.us Subject: Zoning Case # Z-07-008 Good Afternoon, I am writing to you in regards to the re-zoning request that will come before the board next Monday, 8-28, the changing at 4900 Heritage Road from AG- Agricultural to PUDR -Planned Unit Development Residential. Additionally the request includes an amendment to the Master Plan to remove Heritage Ave from Glade to Cheek-Sparger. If we were presented with correct information from the City of Colleyville, the City of Euless and the developer of the above listed property, it is very apparent that there are no benefits to our city to spend the money to improve this section of Heritage Road. Our city can not afford to spend upwards of $4 million dollars to make that road better for the benefit of Euless and future Euless residents and commercial customers. Euless Development Details and impact on traffic: i. Glade Parks development will be mixed use, east of Heritage, bounded by 121, Heritage Ave and Cheek-Sparger 2. The development will include: 128,000 sq ft Home Depot 446,000 sq ft of retail 83,000 sq ft of high turnover sit down restaurant 50,000 sq ft of office space 5,000 sq of drive-in bank, gas station with eight fueling stations 832 multi-family dwelling units (apartments) 321 town homes 3. Traffic on Heritage road is expected increase substantially as a result of this new development. City of Collewille traffic study estimates that by 2012 there will be as many as 10.000 trips a day on the road, with 81% of the traffic coming from Euless. Currently the City of Colleyville has earmarked $4 million of taxpayer money to upgrade the road. I would suggest that if the main benefitiary of an improved road are the future residences and commercial businesses of Euless, lets remove Heritage Road from our master plan, let the Colleyville land developer use that property as a bufl`er. And if the developer of the Euless property feels the need to have a road between Glade & Cheek-Sparger, they can pay for road on their properly and bear the costs. Lets not let Euless out-flank us again! Dennis Scheu 817 540-5827 RECEIVED ~~UG 2 41_UOi Per ............. ragvLVli Amy Shelley From: Franklin Hyde Sent: Tuesday, August 28, 2007 1:05 PM To: Amy Shelley Cc: Subject: Zoning case number:Z-07-008 To: Planning and Zoning Commission, My wife and I attended last nights meeting. We have the following comments and recommendations: Leave Heritage Street as is. It is in very poor condition and because of that it receives very little traffic and is a deterrent to any heavy truck use. It does however allow resident's of the Woodland Hill development a route when the Martin Street bridge is closed to flooding. This happens at least four times a year and in the last 14 years we have only seen Heritage closed once. The developers used scare numbers showing that over 8,000 cars per day ftom Euless will use the road when the Euless mixed housing/commercial development is completed and is based on dubious data. We feel that the new four lane road that will bisect the new Euless development will be used instead of the poorly maintained Heritage. Our property has a 75 foot frontage along the proposed development and we request that the developer be required to have a 30 foot setback. The commission should pressure the developer to lower the density. It will be costly for the developer to bring the land to a state where homes can be built, and as he wants to maximize his profit he wants as many lots as possible. The commission has the responsibility to maintain a community that is looked upon as one that is a first class residential area. The sign of a good negotiator is one that maximizes the benefits of the side he is representing and you as a commission have that responsibility. We feel that the statement by Mr. John Gray who was the representative from the Woodland Hills Homeowners Association was a bit overdone. In addition his property doesn't border on the proposed development. There are over 400 homes in the association and only 26 have property that borders the proposed development. We are one of them and a representative from the WHHS never contacted us to find out how we feel about the development. So we would say that he represents all the members who are not directly effected by the development. In conclusion we approve the building of the development if you, leave Heritage as is, have a 30 foot setback along where it borders Woodland Hills and Prestwick and negotiate a lower density that presently the developer is proposing. Franklin & Peggy Hyde 3501 Pembrooke Pkwy S Colleyville, Texas 76034 8/28/2007 Page 1 of 1 Amy Shelley From: Len & Doris Clegg. ^ Sent: Wednesday, September 05, 2007 3:07 PM To: Amy Shelley Subject: Fwd: Zoning case Z-07-008 Len & Doris Clegg^_~wrote: Date: Wed, 5 Sep 2007 13:04:27 -0700 DT From: Len & Doris Clegg Subject: Zoning case Z-07- To: shelle a a,ci.colleyville.tx.us Shelley, we Francis L and Doris M Clegg at 3403 Cambridge Court Woodland Hills in Colleyville support the recommendations from the Board of Directors from the Woodland Hills sub-division regarding the above zoning case. We are within the 200 feet of the requested changes. We will be out of town for the workshop. Sincerely Francis L and Doris M Clegg 817 545 6933 9/5/2007 CREEKSIDE AT COLL~YYIL,LE Colleyville, Texas Statement of Planning Objectives The subject of this zoning request is a X108 acre tract of land, located between Glade Road and Cheek Sparger Road on the west side of Heritage Avenue, in the City of Colleyville, Texas. The property is currently undeveloped and is predominately zoned as "AG". The adjacent land uses on the west side of the property are single family residential units, while the land use on the north side vary between single family residential, public buildings and commercial retail. The land to the east and to the south are in the City of Euless and are planned for mixed use and commercial. With this property being located primarily in a single family residential area with some retail land use and also being in close proximity to State Highway 121, this property would best serve as single family residential, with some higher density residential and commercial retail land uses in order to transition to future mixed use planned to the east. This zoning request proposes to change the AG zoning to a Residential Planned Unit Development (PURR) with some Retail Commercial use at the intersection of Glade and Heritage. The future layout of the lots, road and open spaces have all been carefully placed around the large sections of trees and existing pond on the northern portion of the property, as well as the floodplain that passes through the middle section of the property. As a result, a significant portion of the property will be left undisturbed. Due to the floodplain that passes directly through the center of the property, the layout will be divided into two sections, the North and South sections. The North section's primary access will be a divided street section intersecting Glade Road, with a secondary access point to the adjacent residential to the west. The South section's primary access will be two residential streets connecting directly to Cheek Sparger Road. The overall layout and orientation of the development has been designed with the intent to minimize impact on the existing natural land, while also creating a desirable residential community that will be an appropriate use and a compliment to the City's overall composition and adjacent uses. Development Schedule Creekside at Colleyville is intended to be developed in three phases with anticipated construction to commence in early 2008. The second and third phases to generally follow a three (3) year build-out program with an anticipated final completion in 2011. C&B 024213010.PD01 Creekside at Colleyville Page 1 of 5 Rev. 08/23/07 Economic Development Information Creekside at Colleyville will have approximately 260 homes with an average estimated value of $450,000, resulting in an addition of $117,000,000. At the 2006 City of Colleyville published tax rate of 0.347400 per $100 valuation, the revenue generated for the City is approximately $4.1 million, in addition to Sales Revenue generated by the Retail Tract at the northeast corner. C&B 024213010.PD01 Creekside at Colleyville Page 2 of 5 Rev. 08/23/07 Planned Unit Development Requirements Section 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. The purpose of this PURR is for 260 single-family detached lots, constructed at a maximum density of 3.0 dwelling units per acre. b. A maximum of 260 dwelling units shall be allowed within this PUDR and no more than one dwelling unit shall be allowed per each platted lot. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. Conceptual Plan and Platting a. The Zoning District layout and arrangement of lots of the subdivision shall be generally consistent with the Zoning Exhibit, labeled as Exhibit "B", which shall not be considered the preliminary plat. The actual lot arrangement and Zoning District layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. b. The Developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. Permitted Uses a. Single-family detached-homes with no more than one dwelling unit allowed per each platted lot. b. Retail commercial uses allowed in the City of Colleyville Zoning Ordinance under CN -Neighborhood Commercial, CC1 -Village Retail District, and CC2 -Shopping Center District. c. Open space. C&B 024213010.PD01 Creekside at Colleyville Page 3 of 5 Rev. 08/23/07 4. Lot Requirements and Setbacks a. Single-family residential lot (Planning Area "A") requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Zoning Exhibit shall control where such building line setback is different from the following requirements: 1) Minimum Lot Size 2) Minimum Lot Width 3) Minimum Lot Depth 4) Minimum Front Building Line 5) Minimum Side Building Line 6) Minimum Rear Building Line 7) Maximum Lot Coverage 8) Maximum Height 9,000 square feet 70 feet 120 feet 20 feet or 15 feet for Front Swing Garage 5 feet 10 feet 65% 40 feet b. Single-family detached Patio residential lot (Planning Area "B") requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Zoning Exhibit, shall control where such building line setback is different from the following requirements: 1) Minimum Lot Size 2) Minimum Lot Width 3) Minimum Lot Depth 4) Front Building Line 5) Side Building Line 6) Rear Building Line 7) Side Building Line-Corner Lots 8) Maximum Lot Coverage 9) Maximum Height 5,000 square feet 50 feet 105 feet 20 feet or 15 feet for Front Facing Swing Garage Zero, or 1 and 9 feet (Minimum Building Separation of 10 feet) 10 feet 10 feet 65% 40 feet c. Commercial Retail requirements and setbacks shall comply with Standard City of Colleyville requirements for under CN - Neighborhood Commercial, CC1 -Village Retail District, and CC2 - Shopping Center District Zoning Categories. C&B 024213010.PD01 Creekside at Colleyville Page 4 of 5 Rev. 08/23/07 5. Open Space a. This development shall provide not less than twenty (20%) percent common open space, which shall generally be configured as shown on the Zoning Exhibit. b. Open space areas may be utilized for stormwater detention, retention, or FEMA 100-year floodplain. 6. Screening a. A six (6) feet in height, masonry wall shall extend along the northern boundary line and a portion of the southern boundary line (where adjacent to Glade Road and Cheek-Sparger Road, as shown on the Zoning Exhibit. b. All lots adjacent to open space, shall have an iron fence, or approved equal. c. A six (6) feet in height, masonry wall shall be required between retail commercial uses and single family uses. 7. Other a. No roof mounted air conditioning mechanical equipment shall be allowed on the single-family attached dwelling units. b. No carports shall be allowed on the single-family attached dwelling units. c. Stormwater detention will be provided as necessary on this development. C&B 024213010.PD01 Creekside at Colleyville Page 5 of 5 Rev. 08/23/07 Carter~~Burgess TECHNICAL MEMO DATE: January 22, 2007 T0: Mr. Chris Fuller Development Coordinator with the City of Colleyville FROM: Jason Knesek, P.E. SUBJECT: Preliminary Traffic Impact Analysis -Creekside at Colleyville Mr. Fuller: Carter & Burgess, Inc. was hired by the Landstat, L.P. to perform a preliminary traffic impact analysis for the proposed Creekside at Colleyville in Colleyville, Texas as part of the requirements for a zoting change submittal. The analysis will estimate the projected traffic that will be generated by the development on the roadways adjacent to the development. This technical memorandum summarizes the findings of the analysis. Development The proposed Creekside at Colleyville is located on the west side of the existing Heritage Avenue between Glade Road and Cheek Sparger Road in the City of Colleyville, Texas. Heritage Avenue acts as the boundary between the City of Colleyvilie on the west and the City of Euless on the east. The proposed Creekside at Colleyville is divided into a northern section and southern section by the 100 year floodplain. The primary access point for the northern section of the proposed Creekside at Colleyville is Glade Road with a secondary point of access through the adjacent residential development to the west. The northern section of the development is proposed to consist of 115 single family housing units, 31 townhouse units, and 1.2 acres of retail development. The southern portion of the proposed Creekside at Colleyville is accessed via two points on Cheek Sparger Road. The southern section of the development is proposed to consist of 115 single family housing units, 50 townhouse units, and 1.6 acres of retail development. RECEIVED rCn n n nnnry Page 1 of 3 Per ........~1 Tra c Analysis Trip generation rates for the 24-hour weekday, Weekday AM Peak, Weekday PM Peak, Saturday Peak hour, and Sunday Peak hour were obtained from the ITE Trip Generation (7`~' edition) manual for the types proposed in the Creekside at Colleyville. Based on engineering judgment, it is projected that 75% of the traffic generated by the proposed development will originate in or be destined for areas to the east of the proposed development while 25% of the traffic will originate in or be destined for azeas to the west of the proposed development. Based on the size of the proposed development, the trip generation rates, and the projected trip distribution, Table 1 summarizes the projected traffic that will be generated by the proposed Creekside at Colleyville on the roadways adjacent to the development. Figure 1 depicts the projected traffic movements generated by the development at the Glade Road and Cheek Spazger Road access points. Table 1. Trafjtc Generated by the Proposed Creekside at Colleyville. Time Period Weekday Weekday Weekday Saturday Sunday Location 24-Hour AM Peak PM Peak Peak Peak EB Glade - 244 8 28 27 21 West of Development WB Glade - 244 21 20 23 20 West of Development EB Cheek Sparger - 286 10 32 31 24 West of Development WB Cheek Sparger - 286 23 23 28 23 West of Development Page 2 of 3 Conclusions The traffic analysis indicates the following: • The proposed Creekside at Colleyville is projected to generate less than 500 bi- directional vehicles during a typical weekday on the portions of Glade Road located west of the development. • The proposed Creekside at Colleyville is projected to generate less than 50 bi- directional vehicles during the peak hours of operation on the portions of Glade Road located west of the development. • The traffic generated by Creekside at Colleyville is not projected to warrant a traffic signal installation, aright-turn acceleration lane, nor aright-turn deceleration lane at the Glade Road access point. • Dependent on the existing traffic volume on Glade Road, alert-turn deceleration lane may be warranted at the Glade Road access point. • The proposed Creekside at Colleyville is projected to generate less than 600 bi- directional vehicles during a typical weekday on the portions of Cheek Spazger Road located west of the development. The proposed Creekside at Colleyville is projected to generate less than 60 bi-directional vehicles during the peak hours of operation on the portions of Cheek Spazger Road located west of the development. • The traffic generated by Creekside at Colleyville is not projected to warrant aright- turn acceleration lane at the Cheek Spazger Road access point. • Dependent on the existing traffic volume on Cheek Spazger Road, a traffic signal installation or a left-turn deceleration lane may be warranted at the Cheek Spazger Road access point. • Based on the minimum requirements for auxiliazy lanes established by TxDOT, the traffic projected by Creekside at Colleyville appears to warrant aright-turn deceleration lane at the Cheek Spazger access point. Page 3 of 3 Z Q OC W 0 J v 0 N 1 ..-. N O N ~.. N r N ~o o~ .._. N 0` ~O ~ ~N N 00 00 N .... T 00 N ~. d~ (, z W ~ J ~ ~ ~ (~ ~ U t7Ju a ~ .., ~ jJ~ V U Q W W U ~O ~ O` a .... NN~ O .._. --- CV M M N .... {~ N O .-.. N M .._. 0 Q W Q W U O O~ o• N T~ O~ ~O a ~O V ~O a O~ N LL. ~ ~ ~o w ~U m ~~ Z w ~~cr-'w~ ~' l Newman, Jackson, Bieberstein Landscape Architecture Banner Place North 12770 Coit Road, Suite 210, Dallas, Texas 75251 te1:972.233.2033 fax: 972.233.2022 VIA FACSIIVIII~E & 1VIA:IL July 19, 2007 Ms. Monica Walsh, Director Parks and Recreation Deparhnent City of Colleyville 5109 Bransford Ave. Colleyville TX 76034 RE: Potential Park Land -City of Colleyviile Monica: Regarding the tract adjacent to Heritage Avenue that the City of Colleyville has been offered for parkland, I would only recommend accepting this donation if the land were to remain as unaltered floodplain with little or no programmed public use. As you know, almost all of this property is within the 100 year flood plain and over 50% of the tract lies within the floodway. It would be very expensive to develop this land for active recreational uses in that fill and channeling Little Bear Creek would be necessary to reclaim the amount of area needed for maintainability and safe, productive use. A great deal, if not all, of the existing hardwood tree cover would be sacrificed making these drainage improvements. In my mind the question becomes -can the City of Colleyville utilize the azea in its existing natural state? - allowing the land to continue to function as a natural floodplain, slowing runoff and promoting storm runoffto find its way naturally back into the water table. Please share with me your continuing thoughts. Sincerely, NEWMAN, JACIfSON, BIEBERSTEIN, INC. ....~.. Karl Von Bieberstein, FASLA Senior Vice President Small Lot Development Comparison Subdivision Lots Min. Width Min. Depth Min. Size Ave. Size Densi Acres Open Space Approval Date Villas of Caldwell Creek 43 59 115 6,594 7,408 3.7 dua 11.6 18.3% 4.1.97 Bridges at Riverwalk 32 56 106 6,001 6,479 3.0 dua 10.0 24.0% 12.21.99 Riverwalk at Colleyville 53 60 115 6,331 7,666 3.2 dua 20.0 20.0% 4.4.00 Rosewood Villas 53 59 110 6,482 6,899 3.6 dua 14.8 21.4% 8.8.01 Emerald Park 72 60 120 7,200 7,508 3.5 dua 20.2 19.6% 10.1.02 Tiffan Park 25 60 100 7,200 7,580 3.5 dua 7.2 20.0% 10.21.03 Tuscany 35 60 110 6,600 7,878 3.9 dua 8.8 6.6% 2.17.04 Cambrid a Park 38 50 58 4,500 5,300 4.2 dua 9.0 22.0% 7.6.04 Copperglen 22 55 105 5,924 6,650 3.9 dua 5.6 20.0% 10.17.06 Spring Gardens Townhomes 45 36 70 2,520 2,700 8.0 dua 5.4 31.3% 12.17.96 Heritage Oaks Townhomes 124 30 90 2,700 2,787 5.5 dua 22.9 25.0% 03.21.06 Villas at Oak Pointe -Single Family Detached 49 56 95 6,440 7,226 3.6 dua 13.6 22.0% 08.02.06 Villas at Oak Pointe - Townhomes 25 30 90 2,700 2,850 4.2 dua 6.2 22.0% 08.02.06 Villas of Colleyville Permits Issued as of 4.16.2007 67 59 115 6,655 8,936 3.4 19.8 21.0% 08.21.07 Subdivision Lots Permits Villas of Caldwell Creek 43 41 Bridges at Riverwalk 32 32 Riverwalk at Colleyville 53 53 Rosewood Villas 53 53 Emerald Park 72 72 Tiffan Park 25 25 Tuscany 35 32 Cambridge Park 38 5 Copperglen 22 0 ORDINANCE 0-07-1645 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 108.5 ACRES OUT OF THE ELIZABETH COX SURVEY, ABSTRACT 352, THE JOHN H. HAVENS SURVEY, ABSTRACT 685, THE JESSE DOSS SURVEY, ABSTRACT 441, AND THE S.C.H. WITTEN SURVEY, ABSTRACT 1734, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-07-008; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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 Ordinance 0-07-1645 Page2of6 holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 from the AG-Agricultural zoning district to PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" labeled Location and Zoning Map and as described on Exhibit "B" labeled Legal Description. Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 2.6 dwelling units per acre; and two commercial lots, as shown on Exhibit "C" labeled as Conceptual Site Plan. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. Ordinance 0-07-1645 Page 3 of 6 b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached. b. All commercial properties, as designated on Exhibit "C", shall allow only uses permitted in the following zoning districts that are; (1) either State of Texas sales tax generating businesses, or (2) professional offices: CN-Neighborhood Commercial zoning district, the CC1-Village Retail zoning district and the CC2-Shopping Center zoning district. 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Planning areas shall refer to the areas noted on Exhibit "C". Planning Area "A" a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Building Height h. Maximum Lot Coverage 9,000 square feet 70 feet 120 feet 20 feet; or 15 feet for a front swing garage 5 feet 10 feet 40 feet 65% Plannina Area "B" a. Average Lot Size b. Minimum Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line 5,500 square feet 5,000 square feet 50 feet 105 feet 20 feet; or 15 feet for a front swing garage 0, 1 or 9 feet with a 10 foot minimum between buildings Ordinance 0-07-1645 Page 4 of 6 g. Rear Building Line h. Maximum Building Height i. Maximum Lot Coverage 10 feet; 30 feet for lots that abut existing single family homes not part of this development 40 feet 65% 5. OPEN SPACE a. This development shall provide a minimum of 37% common open space, which shall be for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space shall be maintained by the Homeowners Association. c. The following amenities are permitted in the open space lots: picnic tables, benches, playground equipment, concrete and crushed granite walking paths, a gazebo, an arbor, other garden type built elements with a fireplace, fountains, lights and a dock and pier. These amenities shall be owned and maintained by a homeowners association. 6. PRIVATE SIDEWALKS AND STREETS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. b. The walking paths located within the open space areas shall be constructed of concrete. c. A ten (10) foot wide concrete trail approximately 1.2 miles long shall be constructed with all other public improvements as part of this development between Glade Road and Cheek Sparger Road. 7. SCREENING a. A six (6) foot tall masonry fence shall be constructed along the frontage of Glade Road and Cheek Sparger Road. b. Wrought iron fences shall be built along the common boundary where residential lots abut designated open space areas. c. An eight (8) foot masonry wall shall be built between any commercial and residential lots. Ordinance 0-07-1645 Page 5 of 6 8. OTHER a. Ingress and Egress from Winewood Place shall be restricted to access by emergency vehicles only. b. The number of lots allowed with frontage on a cul-de-sac street shall adhere to the requirements of the Land Development Code. c. The portion of the development located south of Little Bear Creek shall have a minimum of two (2) points of public vehicular ingress and egress from Cheek Sparger Road and/or Heritage Avenue. d. There shall be no direct access onto Glade Road from this development. e. There shall be no single family uses allowed adjacent to Heritage Avenue where there are, as of the passage of this ordinance, existing commercial uses directly across Heritage Avenue within the City of Euless. f. The property shall adhere to all regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-07-1645 Page 6 of 6 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. 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 -Zoning and Location Exhibit B -Legal Description BEING A 108.5 ACRE TRACT OF LAND SITUATED IN THE ELIZABETH COX SURVEY, ABSTRACT NO. 352, THE JOHN H. HAVENS SURVEY, ABSTRACT NO. 685, THE JESSE DOSS SURVEY, ABSTRACT N0.441 AND THE S.C.H. WITTEN SURVEY, ABSTRACT NO. 1734, CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS. SAID 108.5 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT NEAR THE INTERSECTION OF THE CENTERLINE OF GLADE ROAD AND THE INTERSECTION OF; THENCE S 09°46'23" W, OVER AND ACROSS SAID GLADE ROAD AND HERITAGE AVENUE, A DISTANCE OF 99.73 FEET TO A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF SAID HERITAGE AVENUE; THENCE ALONG THE EAST LINE OF SAID HERITAGE AVENUE THE FOLLOWING COURSES AND DISTANCES; S 12°21'40" W, A DISTANCE OF 447.71 FEET TO A POINT FOR CORNER; S OS°25'11" W, A DISTANCE OF 195.30 FEET TO A POINT FOR CORNER; S 04°21'00" W, A DISTANCE OF 720.00 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 27°31'41 ", A RADIUS OF 1121.05 FEET, AN ARC LENGTH OF 538.62 FEET, A CHORD BEARING OF S 17°31'00" W, AND A CHORD LENGTH OF 533.45 FEET TO A POINT FOR CORNER; S 30°41'03" W, A DISTANCE OF 515.89 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 15°51'46", A RADIUS OF 2840.34 FEET, AN ARC LENGTH OF 786.37 FEET, A CHORD BEARING OF S 22°45'00" W, AND A CHORD LENGTH OF 783.86 FEET TO A POINT FOR CORNER; S 14°48'57" W, A DISTANCE OF 308.22 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 16°05'15", A RADIUS OF 1407.20 FEET, AN ARC LENGTH OF 395.12 FEET, A CHORD BEARING OF S 06°46'30" W, AND A CHORD LENGTH OF 393.82 FEET TO A POINT FOR CORNER; S 00°46'00" E, A DISTANCE OF 772.57 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 70°04'32", A RADIUS OF 843.50 FEET, AN ARC LENGTH OF 1031.64 FEET, A CHORD BEARING OF S 33°59'27" W, AND A CHORD LENGTH OF 968.53 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH R.O.W. LINE OF CHEEK SPARGER ROAD; THENCE S 89°18'56" W, ALONG THE NORTH R.O.W. LINE OF SAID CHEEK SPARGER ROAD, A DISTANCE OF 437.70 FEET TO A POINT FOR THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PACEL 1 IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°01'23" W, ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 2658.46 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE S 89°02'53" E, ALONG THE NORTH LINE OF SAID TRACT 1, A DISTANCE OF 549.10 FEET TO A POINT FOR CORNER; THENCE LEAVING THE NORTH LINE OF SAID PARCEL 1 THE FOLLOWING COURSES AND DISTANCES; N 44°32'16" E, A DISTANCE OF 504.74 FEET TO A POINT FOR CORNER; S 58°08'37" E, A DISTANCE OF 82.37 FEET TO A POINT FOR CORNER IN THE WEST LINE OF A CALLED 136.34 ACRE TRACT OF LAND DESCRIBED IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°39'20" E, ALONG SAID WEST LINE, A DISTANCE OF 541.65 FEET TO A POINT FOR CORNER; THENCE N 00°15'08" E, A DISTANCE OF 443.19 FEET TO A POINT FOR CORNER; THENCE N 00°28'33" W, A DISTANCE OF 1306.92 FEET TO A POINT FOR CORNER; THENCE S 89°50'41" E, A DISTANCE OF 344.46 FEET TO A POINT FOR CORNER; THENCE N 00°09'51" W, A DISTANCE OF 225.22 FEET TO A POINT FOR CORNER; THENCE N 88°42'20" E, A DISTANCE OF 22.07 FEET TO A POINT FOR CORNER; THENCE S 00°27'31" E, A DISTANCE OF 28.94 FEET TO A POINT FOR CORNER; THENCE N 89°23'34" E, A DISTANCE OF 195.12 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 13°35'47", A RADIUS OF 1587.18 FEET, AN ARC LENGTH OF 376.64 FEET, A CHORD BEARING OF S 84°20'11" E, AND A CHORD LENGTH OF 375.76 FEET TO A POINT FOR CORNER; THENCE S 76°13'22" E, A DISTANCE OF 105.52 FEET TO THE POINT OF BEGINNING, AND CONTAINING 108.5 ACRES OF LAND, MORE OR LESS. ~~}. ,., f ~ Clt of Colle V~~~e 100 Main Street ~ Y Y Colleyville, Texas 76034 (817) 503-1000 ~~~~~~ Agenda Briefing www.colleyville.com File Number: 0-07-1646 File Number: 0-07-1646 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 10/16/2007 Agenda No.: 6c Status: First Reading Controlling Body: City Council Final Action: File Name: Amendment to Chapter 14-Animals of the Colleyville Code of Ordinances to add Section 14-27 Horse-Drawn Carriages and update Section 14.1 Definitions, Case G-07-019 Attachments: Proposed Horse Drawn Carriage Regulations Ordinance 0-07-1646 History of Legislative File Version: Date: Acting Body: Action Text: 10/16/2007 City Council Title Approval of Amendment to Chapter 14-Animals of the Colleyville Code of Ordinances to add Section 14-27 Horse-Drawn Carriages and update Section 14.1 Definitions, Case G-07-019 Explanation First Reading and Public Hearing Based on the discussion at the October 2, 2007, Pre Council meeting, staff has developed a proposed ordinance that will provide citywide regulations for commercial horse-drawn carriages. The impetus for the ordinance is the current Special Use Permit (SUP) request for a wedding chapel at 85 Piazza Lane in The Village at Colleyville. The developer of the wedding chapel is proposing ahorse-drawn carriage as a feature of the business. Rather than have requirements for the horse-drawn carriage within the SUP ordinance applicable only to the wedding chapel, the City would be better served to enact general horse-drawn carriage provisions within the Colleyville Code of Ordinances that can be implemented, not only for the proposed wedding chapel, but for any future use located anywhere in the City. A new section, 14-27 Horse-Drawn Carriages, is proposed to be added to Chapter 14 - Animals of the Colleyville Code of Ordinances. In addition to the new section, the definitions (Section 14.1) of Chapter 14 will be updated as well. The proposed fee for ahorse-drawn carriage permit is $250.00. The fee will be charged annually and there will be no application submittal fee. The fee amount was determined by examining the horse-drawn carriage fees from the cities of Dallas, Fort Worth and Grapevine, which charge the following fees for ahorse-drawn carriage service: City of Colleyville Page 1 Printed on 10/11/2007 Agenda Briefing Continued (0-07-1646) Dallas $500.00 yearly Fort Worth $150.00 plus $25.00 per carriage yearly Grapevine $250.00 yearly The City of Grapevine's fee, $250.00, is the median amount listed above and, as such, was deemed the appropriate fee for the proposed horse-drawn carriage ordinance for Colleyville. Financial Impact It has been determined that there is no financial impact. Recommendation Approval Cify of Colleyville Page 2 Printed on 10/11/2007 Proposed Commercial Horse-Drawn Carriage Regulations Sec. 14. Additions to Definitions Horse means any member of the species Equus Caballus. Horse-Drawn Carriage means a chauffeured non-motorized vehicle drawn by a horse and used to transport persons for hire that typically operates in designated areas or on approved routes. Sec. 14-27. Commercial Horse-Drawn Carriages. (a) The City shall maintain the exclusive authority to grant a permit to one or more entities or companies to provide horse-drawn carriage service within certain defined locations in the City and pursuant to the terms and conditions of said permit. The conditions for granting ahorse- drawn carriage permit are as follows: (1) The Director of Public Works, hereafter referred to as Director, shall be responsible for the issuance of any horse-drawn carriage permit and implement and enforce this section and may, by written order, establish such rules or regulations, not inconsistent with this section, as the Director determines are necessary to discharge any duty under this section. (2) In order to obtain horse-drawn carriage permit, a person must submit a request in writing to the Director. The applicant must be the person who will own, control, or operate the proposed horse-drawn carriage service. The written request shall contain the following: (A) the name, address, and verified signature of the applicant; (B) a description of the proposed service, including routes, rates or fares to be charged, and schedules, where applicable; (C)documentary evidence from an insurance company indicating a willingness to provide liability insurance if required by the Director; Proposed Horse-Drawn Carriage Regulations Page 1 of 5 (D)such additional information as the applicant desires to include to aid in the determination of whether the requested horse-drawn carriage service should be granted; and (E) such additional information as the Director considers necessary to assist or promote the implementation or enforcement of this chapter or the protection of the public safety. (3) The annual fee for ahorse-drawn carriage permit shall be $250.00. (4) The Director may deny any permit request for ahorse-drawn carriage service that does not conform to the provisions of this section and, additionally, may deny a permit request that, if approved, would be deemed to create a threat to public health and safety. (5) Upon denial of a horse-drawn carriage permit request, or revocation of an existing horse-drawn carriage permit, the applicant, or owner of the horse-drawn carriage service may appeal the denial, or revocation, to the City Manager for reconsideration. (b) No "walk-up" fares shall be charged to individuals who ride in a horse- drawn carriage. (c) The following are the requirements for horses used in the service of a horse-drawn carriage: (1) A horse must be appropriately shod to work on paved streets; (2) A horse must not have any open wound, oozing sore, cut below skin level, or bleeding wound; (3) A horse must not have evidence of lameness, such as but not limited to head bobbing or irregular rhythm; (4) A horse must be offered not less than five gallons of drinking water at least every two hours; (5) A horse must have at least a 10-minute rest period after every 50 minutes worked; Proposed Horse-Drawn Carriage Regulations Page 2 of 5 (6) A horse must not work longer than eight hours in a 24-hour period with a minimum of 12 hours rest; (7) A horse must have all harnesses properly fitted and in good repair with no deficiencies that could reasonably be deemed a safety hazard; (8) A horse must be properly cleaned with no offensive odors or caked dirt or mud; (9) A horse must wear a special sanitary device for containing animal excrement; (10) A horse must not work when the outside temperature exceeds 99 degrees Fahrenheit, is at or below 30 degrees Fahrenheit, or the thermal heat index exceeds 150, as measured by the National Weather Service at Dallas/Fort Worth International Airport; and (11) A horse must have been examined within the previous six months by a veterinarian licensed by the State of Texas who specializes in equine medicine and receive a state certificate of veterinarian inspection, which must be submitted to the Director upon request (d) The Director may require the holder or driver of a horse-drawn carriage to remove from service any horse that appears to be ill, overtired, undernourished, overloaded, injured, or lame or whose health or life, in the opinion of a veterinarian or qualified equine animal services officer, is in imminent danger. To reinstate a horse removed from service, the horse must be re-examined and a new state certificate of veterinarian inspection issued for the horse by a veterinarian licensed by the State of Texas and specializing in equine medicine, which certificate must be submitted to the Director. (e) A person commits an offense if he harasses or startles, or attempts to harass or startle, any horse while the horse is pulling a carriage or at rest or otherwise treats a horse inhumanely while it is working in a non- motorized passenger transport service. (f) The trailer used to transport the horse and carriage shall not be parked on any City right-of-way such that the flow of vehicular traffic is impeded, or it poses a threat to public safety. (g) For purposes of this section, a horse is considered to be working any time it is on a public street or sidewalk, or other public right-of-way. Proposed Horse-Drawn Carriage Regulations Page 3 of 5 (h) The driver of a horse-drawn carriage shall adhere to the following rules of conduct: (1) act in a reasonable, prudent, and courteous manner; (2) maintain a sanitary and well-groomed appearance; (3) not consume an alcoholic beverage, drug, or other substance that could adversely affect the driver's ability to operate ahorse- drawn carriage; (4) not permit a person other than another employee of the horse- drawn carriage to operate a vehicle under the driver's control; (5) not permit a person on the back of a horse when under the driver's control; (6) not leave a horse untethered and unattended except when confined to a stable or other enclosure; (7) not permit a horse to drop excrement from its diaper at any time; and (8) clean any excrement dropped from a horse. (i) A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each horse-drawn carriage: (1) head lights; (2) taillights; (3) flashing lights; (4) a braking system; (5) rubber on all wheels; (6) a "slow moving vehicle" sign attached to the rear of the vehicle; (7) a copy of this chapter of the code; (8) any other equipment required to comply with all applicable federal and state laws; and Proposed Horse-Drawn Carriage Regulations Page 4 of 5 (9) any other special equipment that the Director determines to be necessary for the service to be operated. Q) A holder or driver of a horse-drawn carriage shall, at all times, keep each carriage clean and free of refuse and in safe operating condition. (k) A horse-drawn carriage must not have any cracks, broken or missing parts, or other visible damage. All wheels must be firmly attached to the hub of a vehicle and all springs, axles and supporting structures of each vehicle must be intact. (I) Officers of the police department shall assist in the enforcement of this section. A police officer upon observing a violation of this section shall take necessary enforcement action to insure effective regulation of a horse-drawn carriage. (m) Any appeal to the provisions of this section shall be considered and acted upon only by the City Council, unless stated otherwise. (n) A person commits an offense if he violates or attempts to violate a provision of this chapter applicable to the person. A separate offense is committed each day during which an offense occurs. An offense committed under this chapter is punishable by a fine of not more than $500.00. (o) Prosecution for an offense under Subsection (n) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. Proposed Horse-Drawn Carriage Regulations Page 5 of 5 ORDINANCE 0-07-1646 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE CITY OF COLLEYVILLE CODE OF ORDINANCES, CHAPTER 14 ANIMALS, REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville is authorized to adopt ordinances to protect the health, safety, and welfare of its citizens; and WHEREAS, the City of Colleyville has determined that it is a necessity to regulate activities as provided for herein to safeguard the public; and WHEREAS, the City of Colleyville is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the purposes of this Ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Colleyville and to ensure the humane treatment of animals, the safe and efficient flow of vehicular traffic and the regulation of commercial horse-drawn carriages within the City. 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 a new section titled "Commercial Horse-Drawn Carriages" shall be added to this chapter. Sec. 3. THAT Chapter 74 Animals, is hereby amended in its entirety by the following changes and additions: "Chapter 14 Animals" Sec. 14-1 Definitions Ordinance 0-07-1646 Page 2 of 8 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal warden means any peace officer or police officer of the City, or any person appointed by the City Manager to enforce this chapter, together with any deputy thereof. At large means a dog that is not confined inside the owner's house or to the premises of the owner by a suitable fence of such sufficiency to prevent the dog from escaping therefrom, or secured on such premises by a leash of sufficient strength to prevent the dog from escaping from the premises and so arranged that the dog will remain upon the premises when the leash is stretched to full length in any direction. Provided, however, that a dog shall not be considered "at large" when held and controlled by some person, or restrained by means of a leash or chain of proper strength and length to control the actions of the dog, or while confined within a vehicle. City pound means and includes such area or portion of the City designated for the purpose of holding or restraining animals, and such other areas within or without the City, including veterinary hospitals, the Humane Society, or the pounds of other municipalities, as from time to time may be designated by the City Manager. Dog means a domesticated animal that is a member of the canine family. Dangerous dog means a dog that: (1) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Dangerous wild animal as used in this chapter shall mean and include any mammal, amphibian, reptile, or fowl, which is not naturally tame or gentle, but is of a wild nature or disposition and which because of its size, vicious nature, or other characteristics, would constitute a danger to human life or property. Wild animals shall include, but shall not be limited to lion, tiger, ocelot, cougar, panther, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, wolf, coyote, fox, jackal, baboon, chimpanzee, orangutan, gorilla, alligator, crocodile, elephant, rhinoceros, non-descented skunks and Ordinance 0-07-1646 Page3of8 all forms of poisonous reptiles and other animals or any hybrid of an animal listed in this subdivision. Horse means any member of the species Equus Caballus. Horse-Drawn Carriage means a chauffeured non-motorized vehicle drawn by a horse and used to transport persons for hire that typically operates in designated areas or on approved routes. Secure enclosure means a fenced area or a structure that is: (1) locked; (2) capable of preventing the entry of the general public, including children; (3) capable of preventing the escape or release of a dog; (4) clearly marked as containing a dangerous dog; and (5) in conformance with the requirements for enclosures established by the animal warden. Owner means any person who owns or has custody or control of the animal or animals. Serious bodily injury means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. Sec. 14-27. Commercial Horse-Drawn Carriages. (a) The City shall maintain the exclusive authority to grant a permit to one or more entities or companies to provide horse-drawn carriage service within certain defined locations in the City and pursuant to the terms and conditions of said permit. The conditions for granting ahorse-drawn carriage permit are as follows: (1) The Director of Public Works, hereafter referred to as Director, shall be responsible for the issuance of any horse-drawn carriage permit and implement and enforce this section and may, by written order, establish such rules or regulations, not inconsistent with this section, as the Director determines are necessary to discharge any duty under this section. Ordinance 0-07-1646 Page 4 of 8 (2) In order to obtain horse-drawn carriage permit, a person must submit a request in writing to the Director. The applicant must be the person who will own, control, or operate the proposed horse-drawn carriage service. The written request shall contain the following: (A) the name, address, and verified signature of the applicant; (B) a description of the proposed service, including routes, rates or fares to be charged and schedules, where applicable; (C)documentary evidence from an insurance company indicating a willingness to provide liability insurance if required by the Director; (D)such additional information as the applicant desires to include to aid in the determination of whether the requested horse-drawn carriage service should be granted; and (E) such additional information as the Director considers necessary to assist or promote the implementation or enforcement of this chapter or the protection of the public safety. (3) The annual fee for ahorse-drawn carriage permit shall be $250.00. (4) The Director may deny any permit request for ahorse-drawn carriage service that does not conform to the provisions of this section and, additionally, may deny a permit request that, if approved, would be deemed to create a threat to public health and safety. (5) Upon denial of a horse-drawn carriage permit request, or revocation of an existing horse-drawn carriage permit, the applicant, or owner of the horse-drawn carriage service may appeal the denial, or revocation, to the City Manager for reconsideration. (b) No "walk-up" fares shall be charged to individuals who ride in a horse-drawn carriage. (c) The following are the requirements for horses used in the service of a horse- drawn carriage: (1) A horse must be appropriately shod to work on paved streets; (2) A horse must not have any open wound, oozing sore, cut below skin level, or bleeding wound; Ordinance 0-07-1646 Page5of8 (3) A horse must not have evidence of lameness, such as but not limited to head bobbing or irregular rhythm; (4) A horse must be offered not less than five gallons of drinking water at least every two hours; (5) A horse must have at least a 10-minute rest period after every 50 minutes worked; (6) A horse must not work longer than eight hours in a 24-hour period with a minimum of 12 hours rest; (7) A horse must have all harnesses properly fitted and in good repair with no deficiencies that could reasonably be deemed a safety hazard; (8) A horse must be properly cleaned with no offensive odors or caked dirt or mud; (9) A horse must wear a special sanitary device for containing animal excrement; (10) A horse must not work when the outside temperature exceeds 99 degrees Fahrenheit, is at or below 30 degrees Fahrenheit, or the thermal heat index exceeds 150, as measured by the National Weather Service at Dallas/Fort Worth International Airport; and (11) A horse must have been examined within the previous six months by a veterinarian licensed by the State of Texas who specializes in equine medicine and receive a state certificate of veterinarian inspection, which must be submitted to the Director upon request. (d) The Director may require the holder or driver of a horse-drawn carriage to remove from service any horse that appears to be ill, overtired, undernourished, overloaded, injured, or lame or whose health or life, in the opinion of a veterinarian or qualified equine animal services officer, is in imminent danger. To reinstate a horse removed from service, the horse must be re-examined and a new state certificate of veterinarian inspection issued for the horse by a veterinarian licensed by the State of Texas and specializing in equine medicine, which certificate must be submitted to the Director. (e) A person commits an offense if he harasses or startles, or attempts to harass or startle, any horse while the horse is pulling a carriage or at rest or otherwise treats a horse inhumanely while it is working in anon-motorized passenger transport service. Ordinance 0-07-1646 Page 6 of 8 (f) The trailer used to transport the horse and carriage shall not be parked on any City right-of-way such that the flow of vehicular traffic is impeded, or it poses a threat to public safety. (g) For purposes of this section, a horse is considered to be working any time it is on a public street or sidewalk, or other public right-of-way. (h) The driver of a horse-drawn carriage shall adhere to the following rules of conduct: (1) act in a reasonable, prudent, and courteous manner; (2) maintain a sanitary and well-groomed appearance; (3) not consume an alcoholic beverage, drug, or other substance that could adversely affect the driver's ability to operate ahorse-drawn carriage; (4) not permit a person other than another employee of the horse-drawn carriage to operate a vehicle under the driver's control; (5) not permit a person on the back of a horse when under the driver's control; (6) not leave a horse untethered and unattended except when confined to a stable or other enclosure; (7) not permit a horse to drop excrement from its diaper at any time; and (8) clean any excrement dropped from a horse. (i) A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each horse-drawn carriage: (1) head lights; (2) taillights; (3) flashing lights; (4) a braking system; (5) rubber on all wheels; (6) a "slow moving vehicle" sign attached to the rear of the vehicle; (7) a copy of this chapter of the code; Ordinance 0-07-1646 Page7of8 (8) any other equipment required to comply with all applicable federal and state laws; and (9) any other special equipment that the Director determines to be necessary for the service to be operated. Q) A holder or driver of a horse-drawn carriage shall, at all times, keep each carriage clean and free of refuse and in safe operating condition. (k) A horse-drawn carriage must not have any cracks, broken or missing parts, or other visible damage. All wheels must be firmly attached to the hub of a vehicle and all springs, axles and supporting structures of each vehicle must be intact. (I) Officers of the police department shall assist in the enforcement of this section. A police officer upon observing a violation of this section shall take necessary enforcement action to insure effective regulation of a horse-drawn carriage. (m) Any appeal to the provisions of this section shall be considered and acted upon only by the City Council, unless stated otherwise. (n) A person commits an offense if he violates or attempts to violate a provision of this chapter applicable to the person. A separate offense is committed each day during which an offense occurs. An offense committed under this chapter is punishable by a fine of not more than $500.00. (o) Prosecution for an offense under Subsection (n) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. Sec. 4. THAT all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently files and pending in the Municipal Court in the City of Colleyville, Texas, shall be deemed repealed only when all such cases files and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty or nolo contendere, or dismissal. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed $500.00 and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Ordinance 0-07-1646 Page 8 of 8 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 the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney O o~ oa 0 a C y C ~ ° a " a - ~ ~ \~ ~ n ~ = a >3~ ~ `D ~ , ~ ~ ~ ,, -~ OO' y ~ .c ~• 3 ~~= 3 . . _. ~. ~~'n ~ `~' a ~ _ O y O \ ~ ~ fl n C 3 ~, N. r. ~ ~ ~ Vi al n ~ a , ~~ a ~~ s3 cD y C y ~ ,. Oa O O ~ ^~ 4 a c p ~ y O ~~ ~ a;. <D ;a (~D .o m m C7 "G m -~ 0 z O .` `\ v cn m ~ Q. ~' f crtD r. 3 z c ~' ~ 1 D a a (D ~_ ~ ~ ~ ~ .. 0 v Q Q `J m m 0 n O 7 S CD O 0 ~' cQ D m n v ~~'-'-k 100 Main Street ~` ~r ~rw City of Colleyville Colleyville, Texas 76034 ~~~ (817) 503-1000 ~~~~~~- Agenda Briefing vwvw•colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 10/16/2007 Requester: Office of the City Agenda No.: 8 Secretary File Name: Reports -October 16, 2007 Controlling Body: City Council Final Action: Attachments: Parks and Recreation Advisory Board Minutes -September 10, 2007 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/16/2007 City Council Title Parks and Recreation Advisory Board Minutes -September 10, 2007 City of Colleyville Page 1 Printed on 10/8/2007 Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, September 10, 2007 6:00 p.m. Pat Horn called the meeting to order at 6:05 p.m. on Monday, September 10, 2007, at the Parks and Recreation office. ROLL CALL: Councilman Tony Licata, Councilman Mike Taylor, Pat Horn, Sheryl Black, Bob Leininger, Steve Dalri and Franklin Hyde, Connie Hampton, Joe Ben Hassell, Vince Rosen ABSENT: Charlie Warner STAFF: Monica Walsh, Director of Parks and Recreation and Wanda Drexel, Administrative Secretary 1. Call to Order 2. Approval of the August 6, 2007 Parks and Recreation Advisory Board Minutes Steve Dalri moved to approve the August 6, 2007 Parks and Recreation Advisory Board minutes. Sheryl Black seconded the motion. The vote was unanimous. 3. Update of Parks and Recreation Projects Monica Walsh presented an update on the Parks and Recreation Projects. 4. Discussion and Consideration of Old City Hall Property Joe Ben Hassell made a motion to request City Council to dedicate the old City Hall property as park land property. Bob Leininger seconded. Bob Leininger moved to amend the motion to have City Council dedicate the old City Hall property as park land property and to look into adjacent property for park land Parks and Recreation Advisory Board September 10, 2007 Page 2 of 2 property. Joe Ben Hassell seconded the amended motion. Discussion of the property followed. The amended motion passed unanimously. 5. Recreation, Athletics, Tennis and Seniors' Reports Monica Walsh, Parks and Recreation Director, provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 6. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. 7. Adjournment Joe Ben Hassell moved to adjourn at 6:40 p.m. Sheryl Black seconded the motion. The vote was unanimous. Respectfully submitted and approved: .~'I~, ..~. ,c~ti®.,, ~ Wanda H. Drexel, Administrative Secretary RESOLUTION R-07-2897 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF OCTOBER 16, 2007 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 ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2007. CITY OF COLLEYVILLE David Kelly Mayor