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City Council-Agenda Packets-12/4/2007
Cit of Colle V~~~e 100 Main Street `'~"~'° Y Colleyville, Texas 76034 ~~ `~ ~ (817) 503-1000 `~ Agenda www.colleyville.com ~r::; City Council Tuesday, December 4, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Street Capital Improvement Work Plan PC-2 Discussion of the December 4, 2007 regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -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. 551.071 - Legal -Discussion of pending or contemplated litigation -Claim 607 Frontier Court Sec. 551.071 - Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road City of Colleyville Page 1 Printed on 11/30/2007 City Council Agenda December 4, 2007 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Ricky Texada, Covenant 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-07-2910 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2911 4a Approval of the minutes of the regular City Council meeting held on November 27, 2007 4b Approval of a Preliminary Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-052 4c Approval of a Final Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-053 4d Approval of Final Plat for the Villas of Colleyville Addition located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case P-07-056 4e Approval of the Preliminary Plat for The Reserve at Colleyville being 92 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-059 4f Approval of the Final Plat for Phase I of The Reserve at Colleyville being 47 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-060 5. ORDINANCES(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1648 Approval of a request for a zoning change from AG-Agricultural and PUDC-Planned Unit Development Commercial to CC1-Village Retail on Tract 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition located at 1109 Church Street and 5500 Colleyville Boulevard, Case Z-07-033 City of Colleyville Page 2 Printed on 11/30/2007 City Council Agenda December 4, 2007 6. ORDINANCES(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1649 Amending the Code of Ordinances by amending Chapter 90 by adding Section 90-04 imposing a tax on goods in transit 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Planning and Zoning Commission Minutes -November 12, 2007 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 4, 2007 -Reading and Public Hearing -Resolution R-07-2912 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 30, 2007, by 5:00 .m. Cynthia Singleton, TRMC, C 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 3 Printed on 11/30/2007 2'~ 100 Main Street (~ ~"' ~ City of C o I I eyv i I I e Col 18117) 03X1000 034 ~i """ Agenda Briefing ~~~Ileyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Engineering Department Agenda Date: 12/04/2007 Agenda No.: PC-1 File Name: Discussion of the Street Capital Improvement Work Plan Attachments: Street Capital Improvement Financial Summary.pdf History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 12/04/2007 City Council Title Discussion of the Street Capital Improvement Work Plan Explanation A draft work plan for a proposed Capital Improvement Program was presented to Council for review at the November 27, 2007 Pre Council meeting. This item has been placed on the agenda for December 4, 2007, in order to allow for further Council discussion and consideration. This community based street improvements plan includes proposed projects submitted by the Capital Improvement Plan Committee, as well as certain intersection improvements previously funded jointly with Tarrant County from its 2006 Bond Program. The total value of all improvements in this plan is $11,992,400.00 (see attached financial summary). However, Tarrant County participation totals $1,062,315.00, which leaves a net value in the Capital Improvement Plan of $10,930,085.00. In addition to the established County funding source, the proposed plan will be funded from several sources, including Street and Utility Impact Fees, available General Fund cash balance, current year General Fund Operating Budget, Utility Fund Working Capital, and current year Drainage Operating Fund. The previously established Capital Improvement Plan Citizen Committee established a priority listing of street and intersection projects. Staff reviewed the priority rankings by year, as well as the method of funding each project, and concurs with the Committee's recommendations. The overall Street Capital Improvement Plan is spread over a ten year period and includes the following assumptions: 1. The annual Street Maintenance would be established and maintained at a level of $1 million over the course of the Capital Improvement Program. 2. A separate Micro-Resurfacing Fund would be created and be comprised of the difference between revenues and expenses in the General Fund at the end of each City of Colleyville Page 1 Printed on 11/29/2007 Agenda Briefing Continued fiscal year. 3. Residual Street Maintenance funds would be rolled over each year and accumulated until such time that sufficient funds are available to perform certain designated projects. 4. Tara Plantation and Saddlebrook Subdivisions would be improved in the first year of the program using available cash in the General Fund. 5. Project design and construction estimates were prepared with a 3% annual inflation rate factored into the total cost. Throughout the life of the Street Capital Improvement Program, staff will continue to pursue additional funding sources, including RTC grant funds for intersection and roadway reconstruction. Additionally, funding will be required for the following projects in to be completed during the term of the Street Capital Improvement Program. The projects are: - Improvements to Bogart Street - Te-alignment of Church Street - Hardscape and landscape improvements to SH26 Bogart Street will be funded from County bond funds, perimeter street fees, and TIF funds. The Church Street re-alignment will be funded from TIF funds and the proceeds from the sale of the City's property located on Church Street. Hardscape and landscape improvements to SH26, which are estimated to cost $2.8 million, would need to be funded from a debt sale in 2009 and 2014, respectively. If both bond sales were funded by tax notes with a duration of seven years, the effect on the tax rate would be $.0060. If a debt financing of these improvements was not used and the improvements were to be financed from available cash in the General Fund, the reserve of available cash would drop below the 90 day required reserve balance and the fund balance would be approximately $3.5 million. Alternatives would be to eliminate funding for construction of the improvements in the Tara Plantation and Saddlebrook Subdivisions or eliminate funding for the twelve firefighters and truck to be acquired in Fiscal Year (FY) 2012 to finance the hardscape and landscape improvements on a pay-as-you go basis. If available cash from the General Fund is used to construct the improvements in the Tara Plantation and Saddlebrook Subdivisions, the projected ending available cash balance would be $6,285,039, which leaves a reserve in excess of the required 90 day reserve for the plan period of FY 2008 - FY 2017. 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N - ~+ LL N O E ~+ C N N ~ 'C - ~ ~' rte. ~' N ~• O ~ cn~a~Ucn N~ N N N N ~ N ~ ~ ~ ~ (0 O f0 (0 (0 N .; O ; .; .~ - a- - aaaaaa O ~ N M ~' ~ ~ ~ ~ ~ ~ ~ 0 0 0 0 0 0 O m O O m 0 ~ ~ ~ ~ ~ ~ (0 N f0 (0 (0 (0 U U U U U U N C 3 LL O d 7 O rn c m " .~ rn rn ~~ `~~ ~~ ~ ~ •aio Um ~~ c~Q m~ m0.r rn0~-~~m~ ~ c U cpY cp~ Qp _~ ~~' _~ ~ ~ f0 c N LL fd ~p ~ .Y (0 ~ O C ~ ~ •~ ~ (0 3 ~ N C~ af°iC~~ ~o~~c~ N~ O N~ O f_~6 ~ O •~ ~ Q •~ ~ L2 •~ i a ~ O ~ O O Q U a Q U a Q U a •- N M ~ ~ CO f~ 00 O N N N O N N O N N .r r-+ ~.. .-. ++ .~ U U U U U U U U U :.~~, <_-_ -- ~ r,;.~.~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 12/04/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-2 Final Action: Secretary File Name: Discussion of the December 4, 2007 regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 12/04/2007 City Council Title Discussion of the December 4, 2007 regular agenda items City of Colleyville Page 1 Printed on 11/28/2007 ~~x ~~~, Cit of Colle V~~~e 100 Main Street ( (~ Y Y Colleyville, Texas 76034 (817) 503-1000 `"'" Agenda Briefing wwvv.colleyville.com File Number: Version: 1 Requester: Office of the City Secretary File Type: Executive Session Agenda Date: 12/04/2007 Agenda No.: 1 File Name: Executive Session- Legal Consultation -December 4, 2007 Attachments: History of Legislative File Final Action: Version: Date: Acting Body: Action Text: 1 12/04/2007 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. 551.071 -Legal -Discussion of pending or contemplated litigation -Claim 607 Frontier Court Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.072 -Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road Status: Executive Session Controlling Body: City Council City of Colleyville Page 1 Printed on 11/28/2007 RESOLUTION R-07-2910 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 4, 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 ~ City of Colleyville 100 Main Street ~~ Colleyville, Texas 76034 (817) 503-1000 ~~~~~~~ Agenda Briefing www•colleyville.com File Number: File Type: Presentation or Proclamation Status: Presentations or Proclamations Version: 1 Requester: Office of the City Secretary Agenda Date: 12/04/2007 Agenda No.: 3 File Name: Proclamations and Presentations -December 4, 2007 History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 12/04/2007 City Council City of Colleyville Page 1 Printed on 11/30/2007 RESOLUTION R-07-2911 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF DECEMBER 4, 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 November 27, 2007 b. Approval of a Preliminary Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-052 c. Approval of a Final Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-053 d. Approval of Final Plat for the Villas of Colleyville Addition located at 931- 1013 McDonwell School Road and 1100 Lavaca Trail, Case P-07-056 e. Approval of the Preliminary Plat for The Reserve at Colleyville being 92 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-059 f. Approval of the Final Plat for Phase I of The Reserve at Colleyville being 47 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-060 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 "'~ City of Colleyville City Council Minutes -Draft rrei~w City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, November 27, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 27, 2007, at 5:32 p.m. Councilmembers Carol Wollin, Tony Licata, Rich Hendler, 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 Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Communications Manager Mona Gandy, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Keep Colleyville Beautiful update and presentation by John Blassingame, Chairman, Keep Colleyville Beautiful There was no discussion of this item. PC-2 Discussion of the Street Capital Improvement Work Plan Finance Director Terry Leake provided an overview of possible funding sources for the proposed Street Capital Improvement Plan and answered questions of the City Council. City Manager Bill Lindley provided an overview of the Street Capital Improvement Program project list. Finance Director Terry Leake presented financing options for the hardscape and softscape improvements to SH26. Discussion ensued regarding the timeline for the SH26 improvements and the type of traffic and street lighting poles for SH26. City Council requested staff provide cost estimates for metal traffic and lighting poles for the SH26 reconstruction project. Public Works Director Steve Chutchian provided information regarding the priority of projects and intersection improvements. City of Colleyville Page 1 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 City Council commended staff for developing aten-year Street Capital Improvement Plan. PC-3 PC-4 PC-5 Public Works Director Steve Chutchian outlined potential alternative funding sources for the street improvement projects and stated Freese and Nichols assisted with numerous grant applications. Mr. Chutchian further stated an Interlocal Agreement with Tarrant County for the reconstruction of Plantation Drive and Saddlebrook Drive and an air quality and emissions ordinance will be presented to City Council for consideration. Presentation of the Monthly Financial Report -October 2007 Finance Director Terry Leake presented an overview of the October 2007 Monthly Financial Report. Presentation of the Quarterly Investment Report Finance Director Terry Leake presented an overview of the Quarterly Investment Report and answered questions of the City Council. Discussion of the November 27, 2007 City Council regular agenda items There was general discussion regarding agenda item 8a, Ordinance 0-07-1645, regarding the trail width and location, tree preservation during construction, perimeter fencing, drainage design system and commercial development in the proposed development. Mr. Chris Bosco of Freese and Nichols spoke regarding the Cheek Sparger Road and Heritage Avenue intersection, which is located in the City of Euless, and the need for a warrant study for traffic signals. Mayor Kelly stated there would be an opportunity for making a donation to the Salvation Army Red Kettle campaign during the City Council meeting. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 7:02 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 27, 2007, at 7:02 p.m. City of Colleyville Page 2 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, 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, Library Director Mary Rodne, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda 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. 551.071 - Legal - Discussion of pending or contemplated litigation -Claim 607 Frontier Court Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071 Legal and Section 551.072 Property. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:03 p.m. and reconvened at 7:31 p.m. INVOCATION: Farrah Hamrai, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 3 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-07-2903 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin invited citizens to attend the Celebrate Colleyville event to be held December 1, 2007, 1:00 p.m. to 6:00 p.m. at the Colleyville Center. The festivities include fields of snow, Santa Claus arriving in a vintage fire engine, afour-story holiday slide, Matterhorn climbing wall, the holiday express train, holiday shopping, Radio Disney live broadcast, pony rides and local entertainment. Councilmember Wollin invited citizens to attend the Colleyville Womans Club Holiday Home Tour to be held December 2, 2007. The proceeds from the event benefit local charities, the Colleyville Center and the Colleyville Public Library. Councilmember Wollin invitied citizens to attend the Colleyville Public Library Holiday Open House on December 8, 2007. Mayor Kelly invited citizens to enjoy "Breakfast with Santa" sponsored by the Colleyville Lions Club on December 1, 2007, 7:00 a.m. to 11:00 a.m. at the Colleyville Center. Mayor Kelly presented a Proclamation recognizing the Red Kettle Campaign to Captain Roman Leal, of the Salvation Army. Captain Leal expressed appreciation to the City Council and the community for their support and encouraged City Council to fill the kettle. Mayor Kelly encouraged citizens to support the Salvation Army, whose services benefit the community. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2904 4a Approval of the minutes of the regular City Council meeting held on November 6, 2007 4b Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs in an amount not to exceed $126,000.00 City of Colleyville Page 4 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 4c Approval of a $1,500.00 donation from the David Kelly family for the purchase and installation of cast, painted concrete art for the Colleyville Fire Stations Mayor Kelly read Resolution R-07-2904 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-07-2904. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1647 Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots 5 and 6, Block 1 of the Thompson Terrace Addition located at 5101-5105 Colleyville Boulevard, Case Z-07-025 Mayor Kelly read the caption of Ordinance 0-07-1647. Community Development and Business Strategies Director Chris Fuller stated the applicant agreed to remove the concrete ramp before a Certificate of Occupancy is issued for the business and is in the process of obtaining approval from the Texas Department of Transportation for the proposed driveway entrances to the property. Mayor Kelly opened the public hearing. Mr. Evan Shaw, 2722 Hidden Lake Drive, Grapevine, Texas, stated he is working with the Texas Department of Transportation for approval of the driveway entrances. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-07-1647. City of Colleyville Page 5 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1648 Approval of a request for a zoning change from AG-Agricultural and PUDC-Planned Unit Development Commercial to CC1-Village Retail on Tract 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition located at 1109 Church Street and 5500 Colleyville Boulevard, Case Z-07-033 Mayor Kelly read the caption of Ordinance 0-07-1648. Community Development and Business Strategies Director Chris Fuller provided an overview of the request and stated the Planning and Zoning Commission and staff recommends approval. Mayor Kelly opened the public hearing. Mr. Mark Howe, 3100 Carisbrook Court, representing the applicant, provided information regarding the development of the property and answered questions of the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. There was general discussion regarding the timeline for the completion of Church Street and development of the property. City Manager Bill Lindley stated under the Land Development Code, property can be zoned without public infrastructure streets being there but to get a building permit, the property must front on a publically approved street. So in the off chance that Church Street was delayed, prior to the point that the developer was able to restructure their purchase of the property, then he would be required to extend a temporary roadway north to Church Street at his cost. City of Colleyville Page 6 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2905 Approval of a request for a refund of the sidewalk escrow funds for Lot 2 of the Community Home Addition located at 1500 Cherry Lane, Case G-07-020 Mayor Kelly read Resolution R-07-2905 in its entirety. Community Development and Business Strategies Director Chris Fuller provided an overview of the request and outlined the options for City Council's consideration. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. There was general discussion regarding the development of the neighborhood, the future need and desire for sidewalks and funding sources and the Colleyville Trails and Sidewalks Committee recommendation for the construction of sidewalks. Mayor Kelly moved to deny Resolution R-07-2905. Councilmember Hendler seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Mike Taylor Nay: 2 -Jon Ayers, Tom Hart City Council requested a review and discussion of The Land Development Code related to the sidewalk escrow fund. 7b R-07-2906 Approval of a request for a refund of the sidewalk escrow funds for Lot 2R, Block 1 of the Hilltop Addition located at 5407 Montclair Drive, Case G-07-021 Mayor Kelly read Resolution R-07-2906 in its entirety. Community Development and Business Strategies Director Chris Fuller provided an overview of request and stated staff recommends denial. City of Colleyville Page 7 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. There was general discussion regarding the current sidewalk escrow and sidewalk construction requirements and the desire to review the Land Development Code related to the escrow requirements. Councilmember Hart moved to deny Resolution R-07-2906. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor Nay: 1 -Jon Ayers 7c R-07-2907 Approval of a request for a refund of the sidewalk escrow funds for Lot 3R, Block 1 of the Peaceful Acres Addition located at 5417 Montclair Drive, Case G-07-022 Mayor Kelly read Resolution R-07-2907 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 Wollin moved to deny Resolution R-07-2907. Councilmember Licata seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor Nay: 1 -Jon Ayers 7d R-07-2908 Approval of a request for a refund of the sidewalk escrow funds for Lot 1, Block 1 of the McCurry Addition located at 5500 Montclair Drive, Case G-07-023 Mayor Kelly read Resolution R-07-2908 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Licata moved to deny Resolution R-07-2908. Councilmember Hendler seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor Nay: 1 -Jon Ayers 8. TABLED ITEM AND PUBLIC HEARING: 8a 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 Mayor Kelly read the caption of Ordinance 0-07-1645. Community Development and Business Strategies Director Chris Fuller provided an overview of the revised conceptual site plan and stated staff recommends approval with the conditions outlined in the proposed ordinance. Mayor Kelly reopened the public hearing. Mr. W. J. Shepherd, P.O. Box 334, Burleson, Texas, applicant, introduced Mr. Kevin Kessler of Carter and Burgess, 7950 Elmbrook Drive, Dallas, Texas. Mr. Kessler presented the revised conceptual site plan. Ms. Rebecca Hafl, 4916 Prestwick Drive, spoke in favor of the proposed ordinance. Mr. Terry Hanson, 4904 Prestwick Drive, commended City Council for the revised proposed ordinance and spoke in favor of the proposed ordinance. Mr. John Gray, 3300 Pembrooke Parkway South, representing the Woodland Hills Homeowner Association, spoke in favor of the proposed ordinance. Ms. Sharon Baron, 3402 Cambridge Court, spoke regarding the impact of the proposed development on drainage, traffic flow, emergency City of Colleyville Page 9 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 response time and school population and requested a decrease in density. Mr. Gary Malone, 4605 and 4609 Wendall Court, spoke in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the viability of residential development near the commercial property and trail construction and maintenance. City Attorney Matthew Boyle suggested the following be included to Section 4.6a: "Such trails shall be included as part of any site plan submittal and shall be consistent with the City's then existing Master Trail Plan. Mr. Shepherd spoke regarding the construction of bridges along the trail. Mr. Boyle further stated, the language that I have been mentioning stipulates that the trail, and whatever final configuration it is, shall be approved as part of a site plan. Additional language that I will suggest to you relative to the site plan component leaves it in the Council's sole and final legislative hands to determine the exact alignment of the trail and right of way. Mr. Boyle reviewed five areas that Council may want to consider: Item number one in Section 4.1a, there had been some discussion that there has been some ambiguity relative to the total number of entitled lots. The City Council may want to consider adding a clause at the end of Section 4.1 a that says there shall be no more than 269 single family residential lots and that's on the high end of his two alternatives that he's included in his latest concept. The second item Mayor and Council, there has been some discussion at the last meeting and this meeting relative to a concept plan versus a detailed site plan versus a site plan that the developer has submitted that is not otherwise consistent with the language in the current draft ordinance. I would propose a fix to that as follows: Section 4.2 of the draft Ordinance, the heading would be revised to include conceptual plan, site plan and platting. And then it would be: The development shall be generally consistent with this Ordinance, and the conceptual site plan, labeled as Exhibit "C", shall not be considered a plat. City of Colleyville Page 10 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 Thereafter, I would propose the Council consider additional language: The developer shall submit and receive approval from the City any amendments to the site plan in accordance with the phasing of the development prior to the development of any portion of this PUDR. A detailed site plan submission shall at a minimum meet the requirements of Section 3.23 J.K.6 of the Land Development Code and be consistent with this ordinance and may also be required to show additional conditions as provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plans shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. And what that language will effectively do, is say if and when a developer brings in a revised site plan to tie down some of the details that aren't currently tied down, that gives the Council full site plan discretion and review authority at that particular time. The next area that I have relates to the landscape buffer, the 10 foot landscape buffer, addressed in Section 4.5a of the Ordinance. I would propose the header on Section 4.5 be revised to add: and landscape buffer, after open space, and I want to encourage the Council to consider proposed additional language at the end of Section 4.5a. Such landscape buffer is not an open space lot, it goes on further, Chapter 5 of the Land Development Code applies to this landscape buffer in particular and the development in whole. In addition, Section 5.9 Tree Replacement Requirements, of the Land Development Code, shall apply to any replacement tree greater than 3 inches in diameter, which is substantially damaged or which dies within 2 years of final inspection. Section 4.6a, which we had previously discussed, relates to the trail. Based on the discussion, you would leave the first sentence as is, with the sole addition being "prior to the time of Final Plat." So that trail construction shall be along with all other public improvements and shall be completed prior to the time of Final Plat. Relative to the trail width, a new clause: The City Manager or his designee may approve a trail width of eight feet, if necessary, based on topographic landscape or other issues. And an additional new sentence that I've discussed earlier: Such trail shall be included as part of any site plan submittal and shall be consistent with the City's then existing Master Trail Plan. Regarding Section4.7a, you may wish to consider relative to what the masonry wall standards are going to be and as much as the developer does not have detailed standards proposed and instead just has concept pictures. You may consider adding the following sentence to Section 4.7a: The standards for such walls shall be included as part of the City of Colleyville Page 11 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 detailed site plan. And that means if and when you've got an amended site plan or a new site plan, they would be required to provide those details to exactly tie down and nail down what the format of the wall would be. There was general discussion regarding the quality and aesthetics of the perimeter wall. City Manager Bill Lindley suggested that City Council may want to consider requiring a geo tech report of the perimeter wall to determine the structural integrity of wall. City Attorney Matthew Boyle suggested the following language may be included in the proposed ordinance: The design of such wall shall be a stamped and sealed design approved by an engineer. There was general discussion regarding the preservation of trees during construction, the timeline for damaged or destroyed trees to be replaced by the developer, drainage issues and intersection service levels. Public Works Director Steve Chutchian provided information regarding the process to insure the developer incorporates an engineering design to address any drainage issues. Mr. Chris Bosco, Freese and Nichols, spoke regarding the Glade Road and Heritage Avenue intersection service levels. City Council requested staff discuss a cooperative effort with the City of Euless for Heritage Avenue and Cheek Sparger Road intersection improvements. Mayor Pro Tem Ayers moved to approve Ordinance 0-07-1645, incorporating language recommended by the City Attorney. Mayor Kelly seconded the motion. City Attorney Matthew Boyle reviewed the recommended revisions to the proposed ordinance: Section 4.1 a There shall be no more than 269 single family residential lots. Section 4.2a Adding to the heading site plan between conceptual plan and platting. Existing sentence: The development shall be generally consistent with this ordinance, and the conceptual site plan. City of Colleyville Page 12 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 New sentence: The developer shall submit and receive approval from the City for any amendments to the site plan in accordance with the phasing of the development prior to the development of any portion of this PUDR. A detailed site plan submission shall at a minimum meet the requirements of Section 3.23 J.K.6 of the Land Development Code be consistent with this ordinance and may also be required to show additional conditions as provided in Section 3.23 M.b. of the Land Development Code. Further such detailed site plans shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. Section 4.5a Add landscape buffer to the heading. Add to the end of 4.5a the following: Such landscape buffer is not an open space lot. Chapter 5 of the Land Development Code applies to this landscape buffer in particular and the development in whole. In addition, the Section 5.9 Tree Replacement Requirements, of the Land Development Code, shall apply to any replacement tree greater than 3 inches in diameter which is substantially damaged or which dies within two years of final inspection. Section 4.6a Add to the end of the first sentence: The trail shall be constructed along with all other public improvements as part of this development between Glade Road and Cheek Sparger Road and prior to the time of final plat. New clause that we discussed would be: The City Manager or his designee may approve a trail width of eight feet if necessary based on topographic landscape or other issues. New sentence that was originally discussed: Such trail shall be included as part of any site plan submittal and shall be consistent with the City's then existing Master Trail Plan. Section 4.7a New option sentence that was discussed first is: The design for such wall shall be stamped and sealed by a licensed engineer and then the new sentence that we discussed at the time: The standards and details for such walls shall be included as part of the detailed site plan. City Attorney Matthew Boyle stated this includes all of the language and both of the two additional options that were discussed during Council deliberation. Mayor Kelly seconded the motion. City of Colleyville Page 13 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 Councilmember Licata made a friendly amendment to Section 4.6a: The City Manager or his designee may approve a reduced trail width of eight feet, if necessary, based on topographic landscape or other issues. Mayor Pro Tem Ayers and Mayor Kelly accepted the friendly amendment. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 10. REPORTS: Colleyville Public Library Board Minutes -September 10, 2007 Historical Preservation Committee Minutes -September 11, 2007 Sign Board of Appeals Mintues -September 11, 2007 Parks and Recreation Advisory Board Minutes -October 1, 2007 Zoning Board of Adjustments Minutes -October 9, 2007 Colleyville Public Library Board Minutes -October 15, 2007 Planning and Zoning Commission Minutes -October 22, 2007 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 27, 2007 -Reading and Public Hearing -Resolution R-07-2909 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Taylor seconded motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 14 Printed on 11/30/2007 City Council City Council Minutes -Draft November 27, 2007 Mayor Kelly adjourned the meeting at 9:29 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 Colleyville Page 15 Printed on 11/30/2007 ,~~ ~,, F _ ~ City of Co I I eyv i I I e Colleyv0'~Ile, Texas 76034 (817) 503-1000 "'' Agenda Briefing www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 12/04/2007 Controlling Body: City Council Requester: Community Agenda No.: 4b Final Action: Development Department File Name: Approval of a Preliminary Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-052 Attachments: Location and Zoning Map Preliminary Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 11/12/2007 Planning and Zoning Commission 1 12/04/2007 City Council Title Approval of a Preliminary Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-052 Explanation Reading and Public Hearing Four Peaks Development is the developer of 5.6 acres, located on the southeast corner of Hall Johnson Road and Amador Trail. The developer has submitted a preliminary plat, which will subdivide the property into 16 residential single family lots and three open space lots, for the construction of single family residential detached dwelling units. The following is an analysis of the issues associated with this preliminary plat. Zoning. The property is currently zoned PUDR-Planned Unit Development Residential zoning district. A rezoning request for PUDR was approved on September 18, 2007 with Ordinance 0-07-1634. The zoning requirements stated in Ordinance 0-07-1634 include single family detached residential as the primary use with a maximum density of 2.9 dwelling units per acre. The minimum lot size is 8,700 square feet for interior lots and 10,000 square feet for lots adjacent to existing residential lots that are not part of this development. The minimum lot width is 65 feet for interior lots and 70 feet for lots adjacent to existing residential lots that are not part of this development. The minimum lot depth is 120 feet. The plat complies with the requirements of the PUDR ordinance. City of Co/leyville Page 1 Printed on 11/29/2007 Agenda Briefing Continued Open Space. The PUDR ordinance for the property requires a minimum 19.3 percent of the development be reserved for open space for use by the residents of the development. The preliminary plat meets this requirement. The proposed development contains three open space areas. Ail of the open space areas will be landscaped and maintained by the homeowner's association. The large open space lot located near the corner of Hall Johnson Road and Amador Trail will include a sidewalk and benches. The open space lot that contains the detention pond will include a bench adjacent to the sidewalk. The detention pond will not exceed 25% of the open space, as required by the Land Development Code. Access. The development will have access from Amador Trail and Hall Johnson Road. The applicant has indicated that the development will not be gated. Sidewalks. This development is not required to construct a sidewalk along Hall Johnson Road as there is an existing sidewalk adjacent to the subject property. The developer will be responsible for replacing and/or repairing the sidewalk, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. In addition to the sidewalk in the open area, four (4) foot sidewalks shall be constructed along Amador trail and along both sides of the internal street. According to the Colleyville Pathways Plan, there are no trails required to be constructed as part of this development. 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. According to the drainage analysis, the development will provide on-site detention. Parkland Dedication Fees. Parkland dedication fees are required in the amount of $1,802 per residential lot for the 16 lots where new homes are proposed. Parkland dedication fees are due at the time of final plat. The fee must be paid before the plat is recorded with the County Clerk's office. Tree Preservation. Trees not located within the right-of--way or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the dripline of all developer identified preserved trees located outside the right-of-way. A tree survey shall be required prior to the issuance of a lot grading permit. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the preliminary plat at the November 12, 2007 meeting by a vote of 6-0. Summary. The proposed development satisfies the requirements of the PUDR ordinance for the property and the Land Development Code. Since the plat contains more than four lots, the preliminary plat requires additional approval by City Council. Financial Impact It has been determined that there is no financial impact. City of Colleyvi!!e Page 2 Printed on 11/28/2007 Agenda Briefing Continued Recommendation Approval City of Colleyville Page 3 Printed on 11/28/2007 Location and Zoning Map R-20 R=20 2505 r Cmd 0 N ~ o N M Q o N N ro N O N m o N Site ~-a Q.r~~~ ~~.~.~_._~....._. R-20 C7 2317 2505 Z Z 5704 2505 2505 2505 2509 G: •- - 5702 d R-20 ~ PU R ''~ s7oo :~ ssos 5604 C 5606 AG R-20 2a~ zaoz zaoa R-20 5602 R-20 5600 2aos a a ,,.~. ,._ "_. ~ r ~...~ .~... ~_ ~.y. I I '~Q ` I I I t Y I I 1 I T ~ ~ .~,e,l I pt ~ I "~~;'I I ~» I t ~--I -~~ I ~~~II~ i ._..._!. .A.;~.,wl ! , T ~`~ .~~.~, I I~ -----~ ~ ~ ~~~ -----~_ , ~~~ ~~R6i ~~~~ ~~ e~ g~g! N ~ N~ ~ N R ~~ A ~ ~N~~~~ N g N~R ~~N1~ ~ N$R1° !~ " N~ le~r'~~rp ~4;,~ `R ~ ~ ~pRi ~N N ~~ R~ 'M ~~~li 'g ~ ~ I~~ ~~ ~~ s r ~ rr~ ~ ~~, ~ ~ 9 ~~ ~ ~ ~ ~~~ s ~~ ~~ N~ ~~e ~~~ le 3 g ~ e 9 g~ ;t ~~ .i ~ t ~ s . e 9 9 I _R I , i ~~~4 ,' ~~~ I T ' ~ .....,_..__._..; ~; 1 s .+"~.. _.w4 '1 __ ~r + ~ p7 ~/ti. , ~ r(~ any ,~ r I - '~~ !~ i _ ~ n ~ ~l~ i r~ i ,Iy i / ,~~ , c~ ~ ~, ,. . • ~s ., ~I o" ~~ JI ~.i'+'''~Y• ~I ~ ~ I ~ ,~ N~ I, _. ~.a~i/ c~ .~~ k I j~ Y ,'~ ' V 1~ ,~ A ~.. i .r, ._, ~' f Lif O10~li L~ii ~~~~ (~~~ ~ ~' I i w,.Y~-err--~ }7^ ryl ip ^^ ~~~l^~..,~~ ~ ~' ~ ~. ~ ~~ Z ° t I ___. ~ ~~ "~' _ J ! i a -- --- - ~ -- _~_ g 'i I ~ ~ ~s .._..__.____ _, i ~~ ~~ ~. ~ ~~ ~~~ ~ t ~ ~~~ s~ ~ ., ---- _ !~ i ~~w~ ~~~w f~.~ ~~~~ a 0 0 N N ti O O N -~ g a w a 0 0 w N ~~` C'-' LL.. .~~~•, Clt of Colle V~~~e 100 Main Street ~ Y y Colleyville, Texas 76034 ``'d' (817) 503-1000 r ~~~ Agenda Briefing www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 12/04/2007 Controlling Body: City Council Requester: Planning and Zoning Agenda No.: 4c Final Action: Commission File Name: Approval of a Final Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-053 Attachments: Location and Zoning Map Final Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 11/12/2007 Planning and Zoning Commission 1 12/04/2007 City Council Title Approval of a Final Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-053 Explanation Reading and Public Hearing Four Peaks Development is the developer of 5.6 acres, located on the southeast corner of Hall Johnson Road and Amador Trail. The developer has submitted a final plat, which will subdivide the property into 16 residential single family lots and three open space lots, for the construction of single family residential detached dwelling units. Zoning. The property is currently zoned PUDR-Planned Unit Development Residential zoning district. A rezoning request for PUDR was approved on September 18, 2007 with Ordinance 0-07-1634. The zoning requirements stated in Ordinance 0-07-1634 include single family detached residential as the primary use with a maximum density of 2.9 dwelling units per acre. The minimum lot size is 8,700 square feet for interior lots and 10,000 square feet for lots adjacent to existing residential lots that are not part of this development. The minimum lot width is 65 feet for interior lots and 70 feet for lots adjacent to existing residential lots that are not part of this development. The minimum lot depth is 120 feet. The final plat is in compliance with the PUDR ordinance. Open Space. The PUDR ordinance for the property requires a minimum 19.3 percent of the development be reserved for open space for use by the residents of the development. City of Colleyville Page 1 Printed on 11/29/2007 Agenda Briefing Continued The final plat meets this requirement. The proposed development contains three open space areas. All of the open space areas will be landscaped and maintained by the homeowner's association. The large open space lot located near the corner of Hall Johnson Road and Amador Trail will include a sidewalk and benches. The open space lot that contains the detention pond will include a bench adjacent to the sidewalk. The detention pond will not exceed 25% of the open space, as required by the Land Development Code. Access. The development will have access from Amador Trail and Hall Johnson Road. The applicant has indicated that the development will not be gated. Sidewalks. This development is not required to construct a sidewalk along Hall Johnson Road as there is an existing sidewalk adjacent to the subject property. The developer will be responsible for replacing and/or repairing the sidewalk, should damage occur during the construction process, prior to the issuance of a Certificate of Occupancy for new buildings on the site. In addition to the sidewalk in the open area, the developer shall construct 4-foot sidewalks along both sides of the internal street as well as Amador Trail. According to the Colleyville Pathways Plan, there are no trails required to be constructed as part of this development. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage study of the site, which has been reviewed and accepted by the Colleyville Engineering Department. According to the drainage study, the development will provide on-site detention. Parkland Dedication Fees. Parkland dedication fees are required in the amount of $1,802.00 per residential lot for the 16 lots where new homes are proposed. Parkland dedication fees are due at the time of final plat. The fee must be paid before the plat is recorded with the County Clerk's office. Tree Preservation. Trees not located within the right-of-way or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the dripline of all developer identified preserved trees located outside the right-of-way. A tree survey shall be required prior to the issuance of a lot grading permit. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the final plat at the November 12, 2007 meeting by a vote of 6-0. Summary. The proposed development satisfies the requirements of the PUDR ordinance for the property and the Land Development Code. Since the plat contains more than four lots, the preliminary plat requires additional approval by City Council. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 11/28/2007 Location and Zoning Map R-20 R-20 2505 ~ N 0 N ~ 0 N c+~ 0 0 a N N 0 N ~ 0 ~, N m 0 ~n N Site -~oHNSON R-20 C7 2317 2505 Z O Z 5704 2505 2505 2505 2509 G! 5702 Q R-20 PU R 5700 5606 5604 Ci ~ 5606 AG R-20 2400 2402 2404 R-20 5602 R-20 5600 2406 • ~I 'N r'~l~ra~'t' i t i.l' ~t t ~ s 1 1 1'{I 'p 1~ 1~ ~r ~ ~1 ,;~ ; ~ u•'r' ~ 1; ~ 1 .r~ 1~ ! 1 . I iyl il1~ -s;, .~ ~. ~ ~.Ty{~ R µi~^ IG ICI~~ ~~~yyy ~I I~~ laa wi. I J -I ~~° i ~ ~.~-- ----~ .1 .1 i 1{ ~j 1 e! ! ~r. I rr. .1~ i rl 1 ~ i i!; ; .1 ~' i .~ • ~Ir„~~1 i~ ~il:ll ~~ ~~~~ r~ r~~ ~`~~ ~gl_~z ~~a!~z 9~a~~r B~ ~.1 R~``ii C~i ~I 1 I I ~~ s yiEOy~ O~ 1 i r . I i ~t.~ 1. ,.. Ir.'~~1! ---^-~- ~w , ~ C '~1 ~ s ~~~~ '~~ I ~ S ~e~~R~ 1 ,•~ r 1 ~ ~,> ~ ~ sl i ~ g ~~ ~ o o ~ w r~ W ° ~ w W ~ V _ i ~ _'~ ! ~e ~~ \ ~! \`~~_ ~~ ~ e I a I ; I ~ - gi a . ~~y_~„ '~ Clt of Colle V~~~e 100 Main Street ~ y Y Colleyville, Texas 76034 (817) 503-1000 °~~~= Agenda Briefing www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Community Development Department Agenda Date: 12/04/2007 Agenda No.: 4d Controlling Body: City Council Final Action: File Name: Approval of Final Plat for the Villas of Colleyville Addition located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case P-07-056 Attachments: Location and Zoning Map Final Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 11/26/2007 Planning and Zoning Commission 1 12/04/2007 City Council Title Approval of Final Plat for the Villas of Colleyville Addition located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case P-07-056 Explanation Reading and Public Hearing John Fegan is the developer of 19.56 acres of land located just east of Precinct Line Road between McDonwell School Road and Lavaca Trail. The developer has submitted a final plat, which will subdivide the property into 67 residential lots and five (5) open space lots, for the construction of single family residential detached dwelling units. The following is an analysis of the issues associated with the final plat. Zoning. The property is currently zoned PUDR-Planned Unit Development Residential zoning district. A rezoning request for PUDR was approved on August 21, 2007 under Ordinance 0-07-1627. The zoning requirements stated in Ordinance 0-07-1627 includes single family detached residential as the primary use with a maximum density of 3.2 dwelling units per acre. The minimum lot size allowed is 6,655 square feet, the minimum lot depth is 115 feet and the minimum lot width is 59 feet. A minimum of 21 % of the total development is required to be used as open space, which includes a 35 foot wide greenbelt required along the common property line with the Rosewood Villas Addition on the east side of the development and Liberty Elementary City of Colleyville Page 1 Printed on 11/29/2007 Agenda Briefin_g Continued School on the west side. The maximum amount of open space area that can be used for retention or detention ponds is 25% of the open space. The applicant's proposal utilizes 13% of the open space area. The final plat meets the zoning requirements of Ordinance 0-07-1627. Gated/Private Street Development. The development will be a gated/private street subdivision with the primary entrance to the development located on McDonwell School Road. A secondary entrance will be located along Lavaca Trail. A separate permit will be required to construct a gate at the entry of the subdivision. The gate must conform to the private gate and entry design standards as specified in the Land Development Code. All gates will be fitted with a Fire Department approved Opticom system. The developer has submitted the necessary Homeowner's Association (HOA) documents for review by the City, in accordance with Chapter 10 of the Land Development Code. The HOA documents state that the streets and drainage systems within the development are privately owned and maintained by the HOA and that the City has no obligation to maintain the private streets and drainage systems. Additionally, a note has been provided on the final plat stating the HOA is responsible for construction and maintenance of the private road. The annual reserve fund contribution as presently required by the Land Development Code shall be a minimum of $75.00 per lot or otherwise determined by City Council. The Engineering Department has estimated that the annual reserve amount necessary, in this case, to sufficiently fund the long-term maintenance and reconstruction obligation is approximately $275.00 per lot. The reserve fund contribution amount is determined by calculating the costs of infrastructure improvements distributed among the number of lots in the subdivision with regard to the expected service life of the infrastructure facilities. Infrastructure facilities include streets and drainage facilities. Expected service life includes a dollar amount for the yearly maintenance and eventual replacement of these facilities. The annual reserve amount will vary among neighborhoods as the number of lots, length of roadway and infrastructure service life may differ. Additionally, these estimates are figured using current replacement costs and do not include any inflationary rates. Sidewalks and Trails. Sidewalks, four feet in width, are required to be constructed along all streets within the development at the time the building permit is issued. The sidewalk along Lavaca Trail must be a minimum of four feet in width. No trail is required along McDonwell School Road as an existing ten (10) foot trail already exists as a result of the dedication of right-of-way by the previous property owner. Drainage. The developer has submitted a drainage study of the site, which has been reviewed and accepted by the Engineering Department. According to the drainage study, the development will provide on-site detention. Street Improvement Requirements. Perimeter street fees and/or impact fees shall be required since McDonwell School Road and Lavaca Trail are considered unimproved streets and the plat contains more than one residential lot. The perimeter street fee is based on the projected impact of the proposed development on the adjacent public roadway and the City of Colleyville Page 2 Printed on 11/28/2007 Agenda Briefing Continued amount of frontage along that roadway. Since McDonwell School Road is designated on the Master Thoroughfare Plan as a collector street, the greater amount of perimeter street fees or impact fees shall be applicable. Since Lavaca Trail is considered a local street, both perimeter street fees and impact fees shall be applicable. Tree Preservation. Trees not located within the right-of-way or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the dripline of all developer identified preserved trees located outside the right-of-way. A tree survey shall be required prior to the issuance of a lot grading permit. Parkland Dedication Fees. Parkland dedication fees are required in the amount of $1,802.00 per residential lot for the 67 lots where new homes are proposed. Parkland dedication fees are due at the time of final plat. The fee must be paid before the final plat is recorded with the County Clerk's office. Monument Sign. Staff is working with the developer to draft aCity-Developer Agreement for funds to construct a "Welcome to Colleyville" monument sign at the northwest corner of the development. Construction of the monument sign will occur upon completion of the City branding study, which is a component of the 2008 Work Plan. Completion of the branding study will provide a cohesive theme among City landmarks and gateway monuments. The developer has agreed to provide an easement for the placement of a future monument sign on the property. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the final plat at the November 26, 2007 meeting by a vote of 6-0. Summary. The proposed development satisfies the requirements of the PUDR ordinance for the property and the Land Development Code. Since the plat contains more than four lots, the final plat requires additional approval by City Council. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 11/28/2007 Location and Zoning Map 1 ~~ap1TlPG ~81 •~ h W 1 PppiTiON ~Q1 O PV388 j FP Pi. PD WP FP7P 366.8 ~0 t • Ol• i m Q V i .p P F •~^cw • 151•IK i ETUIE . V e a EBT , PF 3\.' RaL. IR]2Q Po. 2Y DAT.C.T. IRF ,\. McDONWELL SCHL ----- ---- P«.+~.DR~PV-~ i a' N BB°28'03° E~ N BB°20'02° E u ua aE~N I' eHpBO 21~6Sti0N r`~w , Eor „ 0`PS Op8 aPa i ar ,o , \x• 9orx POB- IRF 919• I Ir~ R'II Rr2e•m•E iu, »9 •es2rox•cJ.~~2 ~~J~ „',,, ~~Jtl7~71~sT , __css_. 1wn_ r,eo,_ ,o _______________w si m. ra•rl I w xa r Eor , j Ir F>Lr. ,.2 I ~„ ~...^ I ~ .~< . •, ~° "~ ,.^. i I FRB II Mimr ' . 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CNF FT 1 AF 7 w] 9 1 Ear e Cynthia Singleton From: Cynthia Singleton Sent: Tuesday, December 04, 2007 3:59 PM To: 'JUSTIN CRUM' Cc: William Lindley; 'Councilmember Carol Wollin'; 'Councilmember Carol Wollin'; 'Councilmember Mike Taylor'; 'Councilmember Mike Taylor'; 'Councilmember Rich Hendler'; 'Councilmember Rich Hendler'; 'Councilmember Tom Hart'; 'Councilmember Tony Licata'; 'Mayor David Kelly'; 'Mayor Pro Tem Jon Ayers' Subject: RE: request to read letter at council meeting Good Afternoon Mr. and Mrs. Crum, Please be advised that your request in the reading of a statement into the public record as a part of an agenda item scheduled for this evenings City Council meeting is at the sole discretion of the governing body. The City Council is not obligated to provide for a reading of correspondence into the public record on behalf of an absent individual as part of a City Council public hearing. The City Council may elect to provide for a reading of the correspondence, make reference indicating the general position of the correspondence, or pass over the correspondence. Thank you. Regards, Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville 817.503.1133 817.503.1139 fax www.colleyville.com -----Original Message----- From: JUSTIN CRUM [mailto:justincrum@sbcglobal.net] Sent: Tuesday, December 04, 2007 3:34 PM To: Cynthia Singleton Subject: Fwd: request to read letter at council meeting --- JUSTIN CRUM <justincrum@sbcglobal.net> wrote: > Date: Tue, 4 Dec 2007 13:32:21 -0800 (PST) > From: JUSTIN CRUM <justincrum@sbcglobal.net> > Subject: request to read letter at council meeting > To: kellyd@ci.colleyville.tx.us > CC: singleton@ci.colleyville.tx.us > Mayor Kelly: > I am contacting you to request that you read my > attached letter regarding the pedestrian trail in > the > Reserve at Colleyville. I am unable to attend > tonights meeting due to a conflicting appointment. > I > asked that you read the letter aloud on my behalf > when > the issue is discussed. Thank you for your > consideration on this matter. > Betsy Crum 1 December 4, 2007 Justin Crum 6917 Providence Rd Colleyville, TX 76034 Dear Mayor of Colleyville and City Council Members: We apologize for being unable to attend the meeting tonight but ask that the City Secretary read this letter aloud into the record on our behalf when the trail issue at the Reserve at Colleyville is addressed. As a homeowner is Whittier Heights, we join developer David Bagwell in asking the council to reconsider the preliminary and final plats of at the Reserve at Colleyville as it pertains to the secluded pedestrian trail behind lots in the Reserve that sits directly West of Whittier Heights. We own the home closest to the beautifully restored Dutch barn. Our main concern is the location of the pedestrian walk. Being that is runs from Precinct Line Road directly to Whittier Heights, it leaves no option but for the pedestrians to enter into Whittier Heights just at the Dutch Barn. We have already dealt with the criminal element that this invites and were forced to call the Colleyville police twice to report being awakened in the middle of the night due to the loud noise of large trucks trespassing and "mudding" at high rates of speed in the Reserve at Colleyville. It took several hours for the police to resolve the issue and it occurred to us at that time that the police would struggle in the future addressing crime issues if the only way to access the criminal element was by a secluded trail. We find no good use for a secluded trail anywhere in Colleyville. In fact, we frequent Remington Park to visit our parents and find that the trail just west of Remington Park is so narrow and dark that it seems dangerous to even walk your children or pets. On the other hand, the walking path traversing the interior of the Remington Park neighborhood allows for a more open and safe avenue to enjoy walking my children and pets within the view of many homeowners. Furthermore, I respect the professional opinion of David Bagwell and his many years of developing beautiful neighborhoods. His experience and vision of potential problems should be valued. We ask that the pedestrian trail be relocated within the Reserve to either the north or south side of Murphy Road. The drainage issue being imposed on surrounding developments of the Reserve at Colleyville is enough of a nuisance. Lets make the most of this opportunity to reconsider the placement of the pedestrian walk. Sincerely, Betsy and Justin Crum Page 1 of 1 Cynthia Singleton __ _ __ _ __ From: David Kelly Sent: Tuesday, December 04, 2007 2:28 PM To: Cynthia Singleton Subject: FW: Reserve at Colleyville Trail Cynthia, Please provide a copy of this letter to Councilmembers at tonight's meeting. Thanks- David Kelly __ From: Saint Clair Newbern IV [mailto:stclair@axiomenergy.com] Sent: Sun 12/2/2007 11:29 PM To: David Kelly; Jon Ayers; Carol Wollin; Tony Licata; Rich Hendler; Tom Hart; Mike Taylor Cc: Cynthia Singleton Subject: Reserve at Colleyville Trail Dear Mayor and Council Members, I am writing to you to express my concern and strong opposition to the proposed location of The Reserve at Colleyville trail that would deadend behind the Whittier Heights barn. As a property owner in Whittier Heights I have a vested interest in this matter and feel that Mr. Bagwell's alternative plan should be seriously considered by all of you. My concern is two-fold and includes both the safety aspect as well as the aesthetic. I firmly believe that if you take an objective look at the alternative route that you would be hard pressed not to agree that the open concept would be much safer and aesthetically pleasing. Being that I cannot be in attendance on Tuesday night I would appreciate if my letter could be read and recorded in the public record. Thank you all for your service and commitment to Colleyville. Respectfully Submitted, St. Clair Newbern, IV 217 Old Grove Colleyville, TX 12/4/2007 Page 1 of 2 Cynthia Singleton From: tom ha [tomha98@yahoo.com] Sent: Tuesday, December 04, 2007 1:49 PM To: Cynthia Singleton Cc: David Kelly Subject: Read Into The Record of 12/04/2007 City Council Meeting about the Trail @ The Reserve at Colleyville December 3, ?007 Tom I-{a 100 Hawks Ridae Trail Colleyville TX 76034 817 683 3139 (cell phone) "fo: Mrs. Cynthia Singleton, Secretary of the City of Colleyville Dear Mrs. Singleton, Enclosed is the letter that I mailed to our Mayor and City Council Members in related Co the relocation of the 'frail at the Reserve at Colleyville. Please read into the record ofthe Cit_v Council Meeting tonight (13/04/?007) Your help is greatly appreciated. Re~~ards. Tom I-la To the Honorable Mayor and Council Members of the city of Colleyville. h1 this I~3oly season, my family and I wish you all a Meny Chrisunas with peace, prosperity and happiness. As ~a~C: are about to move to our new home in Colleyville in December (addressed as above), we urgently request your help in relocating! modifying the Pedesh•ian Trail at 'T'he Reserve at Colleyville (PTaC) so that it won't be a conduit to facilitate criminal activities out of its seclusion. ;ys you might have been aware, one of the many reasons why families chose to live in the Old Grove, Whittier Heights, Westmont subdivisions is the precious and rare preserved natural enviromnent that affords residents second to none moments to be totally absorbed in the beauty of nature. The beai~ity found at the E3elvedere at Westmont Hilltop Park is a good example of a quality of life that ii~und no~~~here else in Colleyville. To be able to enjoy this cloistering, tranquility atmosphere in the Belvedere at Weshnont Hilltop Park, one must be absolutely sure that all necessary steps must have been taken to assure a safe environment so that his or her mind could be Free to enjoy the meditation in the park. The location of the PTaC where it ~~~as proposed surely would rob residents of such safety assurance. 12/4/2007 Page 2 of 2 I don't know how to convey to you the role of safety to the quality of life in the mentioned above area. To simply put, the location of the PTaC would totally eliminate the opportunity for residents to enjoy the quality of life that is so unique to the Belvedere at Westmont E{illtop Parl: in particular and in the city of Colleyville in general. Please seriously consider to relocate the trail to the north or south side of the ivlurphy road which, in m~~ humble opinion, could be the best solution to this important matter. Thank you so much for your time and consideration Best regards, Tom Wa "I~om Ha 817 759 1800 (w); 817 68 i 3139 (Ce11) 12/4/2007 SPEAKER CARD Date: ~ib~/y ~U7 I wish to address the City Council on the following subject; {complete a separate card for each item ~ ~~ r~~~ Agenda Item Number: ~f ~ Name: r` Address: ~'/D~f ~ ~}~ ~c . ~~« City: ~,i ,~,~CY ~ i f/ Telephone No. '~ ~ ~1/- ~f3~ ~' -7--v- 1 represent: organization/self 1 understand that / am limited to five minutes and on items that are no# designated as Public Hearings, the City Councii must "suspend the rules" in order to hear public comments or questions. Sig This information is a Public Record SPEAKER CARD Date: t wish to address the City Council on the for each item) followin 1 ____ 9 sub ect: (complete a separate card Agenda ttem tVumber; ---__ ~e ~ ~` Name: ~ City: Address: Qp p ,l +r2 V i ~ ~ ~ ~ ~~ Gt S t represent: Telephone No. ~~ 1 understand that I am li organization/sell as Public Hearin mrted to five minutes and on Items That ar public cony gs, the City Council must "suspend the „e not designated nxenfs or questions, rules in order to he ~gned: ar 7ri~is information is a Pu _H biic Record SPEAKER CARD Date: ~2- ~ I wish to address the City Council on the following subject: (complete a separate card for each item) Agenda Item Number: ~~ Name: L~+~r (...://~t~G~`1a9~/ Address: X0`1~ ~,~dv~p~'cE ,/C~j.. City: Cd ~ ~~l ~~ ~T ~ 7~ ~ 3 Y Telephone No.~? --s'?f-- s ~ G y . ______T I represent: ~~ organiza#ioniself 1 understand that / am as Public Hea ngs, tl public com /e~nts or Si ned: / ' to five minutes and on items that are not designated Council must "suspend the rules" in order to hear This information is a Public Record SPEAKER CARD Date: I wish to addres the City Council on the following subject: {complete a separate card for each item) Agenda Item Number: Telephone No, I understand that 1 am limited #o hve minutes and on items tha# a e~ as Public Hearings, the City Council must "suspend the rules" in public comments or auestiel~ll Signed: o~'designated order to hear This information is a Public R ce ord Cit of Colle V~~~e 100 Main Street ~~ y Y Colleyville, Texas 76034 (817) 503-1000 "'``" Agenda Briefing www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 12/04/2007 Agenda No.: 4e Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of the Preliminary Plat for The Reserve at Colleyville being 92 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-059 Attachments: Location Map Preliminary Plat History of Legislative File Version: Date: Acting Body: Action Text: 11/26/2007 Planning and Zoning Commission 12/04/2007 City Council Title Approval of the Preliminary Plat for The Reserve at Colleyville being 92 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-059 Explanation Reading and Public Hearing RP25 Development, L.P. is the applicant fora 92 acre proposed subdivision located on the north side of Murphy Road, east of Precinct Line Road. The developer has submitted a Preliminary Plat to divide the property into 171 single family residential lots and 10 open space lots. The preliminary plat for this development was originally approved by the City Council on August 15, 2005 and final plat was approved on April 17, 2007. However, the final plat was not filed as required by the Land Development Code within the six month timeframe and both plats have expired. The applicant has resubmitted the preliminary plat for approval. The following is an analysis of the issues associated with the preliminary plat. Phasing of Development. Section 8-140(C) of the Land Development Code allows for subdivision plats to be phased provided the preliminary plat shows the proposed phases of the development. According to the preliminary plat, this development will be platted in four separate phases with the option to plat the final three phases as one phase. Zoning. The proposed development is located in a PUDR (Ordinance 0-99-1153) zoning district. The subject property was originally included in the site for the proposed Glenwood development. Portions of the Glenwood development later became platted as Whittier Heights and Old Grove Additions. The preliminary plat has been reviewed per the City of Colleyville Page 1 Printed on 11/30/2007 Agenda Briefing Continued regulations of the Land Development Code and the standards contained in the PUDR ordinance for this development. The preliminary plat is in compliance with these regulations. Sidewalks and Trails. The 2005 Colleyville Pathways Plan requires a 10-foot wide east/west trail along the northern portion of this property. The 10-foot wide trail is shown on the plat exhibit extending along the northern perimeter of this development. In order to provide additional access to the trail, the applicant has provided access easements extending from Rembrandt Road to the portions of the trail that end at the property lines. The developer is required to construct the trail system as part of the public improvements for this property. Sidewalks are required along all interior streets. The internal sidewalks must be at least 4-feet wide, and must be installed when any new residence is constructed on a lot. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property since the applicant is improving the road as part of the development. The applicant has indicated that Murphy Road will be paved to the full width and will include connections that will permit the adjacent out-parcel property owners to access Murphy Road. The applicant has acknowledged and agreed to the roadway improvements for Murphy Road from Herbert Street to the western portion of this development. Access. Access to the development will be along Murphy Road which will connect to 10 new public streets to be built within the development. Drainage and Stormwater Runoff. The developer has submitted a drainage study of the site, which has been reviewed and accepted by the Colleyville Engineering Department. According to the drainage study, the development will provide on-site detention. The detention structures will release the runoff at a rate equivalent to that of pre-developed conditions. Sanitary Sewer. A lift station and a force main will be utilized to handle the sanitary sewer for the portion of the development that is unable to tie into the existing sanitary sewer system. The construction plans have been reviewed and accepted by the Colleyville Engineering Department. The City Council approved a separate City-Developer Agreement that will provide the escrow of funds for the future maintenance of the lift station. Parkland Dedication Fees. Parkland Dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802.00 per residential lot. The fee must be paid before the plat is recorded with the County Clerk's Office. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the preliminary plat at the November 26, 2007 meeting by a vote of 6-0. Summary. The proposed development satisfies the requirements of the Land Development Code and Ordinance 0-99-1153. City of Colleyville Page 2 Printed on 11/30/2007 Agenda Briefing Continued Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Col/eyville Page 3 Printed on 11/30/2007 Location Map North ~ Y nnwa t ~vv i~ 3naas3a aNt ~~ 8 e ~ ~ ~ e8 ~ $ y ~~ ~ ~ h ~ is a3a ~_ ~ ~~ ~p ~ °z o ~ _ £ ~ uam ~¢ B ~ m w ~~ q ~ ~ ~ ,n a 6 $ ~~~ N J 3Al 1]M[]3ad w 8 i~ ~ ~ ~ O ` I ~ ~_ _ ~ _~ ~ _ I- I ~ I I -~l_J__~ L W ` g z ~~ I N > ~ I I I ` , < I I I W z 1 ~)'` I I 1 i j = ~~ ~ " u. h u a ~ i "a ~ `,~+'°,~;~,h ~» ~ s - ~ ~~ - III ~ II ~ . .I ~ ~ - u ~ yy ' v . 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Q m \~~ Y j "'~, ~-~r ~~ °C~ S ~, - O ~c cfl y ~ ~ ~~ so ert~ ~ ~Q a 3~ CD C'7 O C n Q CD O ~~ c~ ..« O 'a ~D N ~D 'a n a D tD ~- m D v s y~ ~~ O 3 3 y. Q 0 a Cn ~' CD Q aa~- ~ y ~ . ~ n' ~ ~i ~• j 1 .~ -• m O y ~ ~ ~ ~ ~ ~« 3 y `D 3 o ~ Q VJ n ..F 0 0 ~~ ~~3 C ~. c ~. w++ v aQ ~o ~ a ~; ~~ ~D y G S ~m ~~ ~~ i' ~ ~ r Q ~D ~ y O ~~ ? m ~ Q -w O ~ ~ N. ~ ~ ~ O .~: ~ ~a a 3~ fD 0 C n 0 3 (D 0 _~ ~• ,-. O 3 a c~ N c~*D n a CD '7" m m D v ~2:~~i A ~ City of Colleyville Colleyv0~ile Texas 76034 ~' (817). 503-1000 `~~~~~~ Agenda Briefing www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 12/04/2007 Agenda No.: 4f Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of the Final Plat for Phase I of The Reserve at Colleyville being 47 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-060 Attachments: Location Map Final Plat History of Legislative File Version: Date: Acting Body: Action Text: 11/26/2007 Planning and Zoning Commission 12/04/2007 City Council Title Approval of the Final Plat for Phase I of The Reserve at Colleyville being 47 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case P-07-060 Explanation Reading and Public Hearing RP25 Development, L.P. is the applicant fora 46.8 acre tract located on the north side of Murphy Road, east of Precinct Line Road. The developer has submitted a Final Plat for Phase I of the development to divide the property into 77 single-family residential lots and five open space lots. The original preliminary plat for this development was approved by the City Council on August 15, 2005 and final plat was approved on April 17, 2007. However, the final plat was not filed as required by the Land Development Code within the six month timeframe and both plats have expired. The applicant has resubmitted the final plat for approval. The following is an analysis of the issues associated with the final plat. Zoning. The proposed development is located in a PUDR (Ordinance 0-99-1153) zoning district. The subject property was originally included in the site for the proposed Glenwood development. Portions of the Glenwood development later became platted as Whittier Heights and Old Grove Additions. The final plat has been reviewed per the regulations of the Land Development Code and the standards contained in the PUDR ordinance for this development. Phasing of Development. Section 8-140(C) of the Land Development Code allows for subdivision plats to be phased provided the preliminary plat shows the proposed phases of City of Colleyville Page 1 Printed on 11/30/2007 Agenda Briefing Continued the development. According to the preliminary plat, this development will be platted in four separate phases. The Final Plat for Phase I contains 77 of the 171 lots proposed for the entire development. Sidewalks and Trails. The 2005 Colleyville Pathways Plan requires a 10-foot wide east/west trail along the northern portion of this property. The 10-foot wide trail is shown on the plat exhibit extending along the northern perimeter of this development. In order to provide additional access to the trail, the applicant has provided access easements extending from Rembrandt to the portions of the trail that end at the property lines. The developer is required to construct the trail system as part of the public improvements for this property. Sidewalks are required along all interior streets. The internal sidewalks must be at least 4-feet wide, and must be installed when any new residence is constructed on a lot. Perimeter Street Improvement Requirements. Perimeter street improvements are not required for this property since the applicant is improving the road as part of the development. The applicant has indicated that Murphy Road will be paved to the full width and will include connections that will permit the adjacent out-parcel property owners to access Murphy Road. The applicant has acknowledged and agreed to the roadway improvements for Murphy Road from Herbert Street to the western portion of this development. Access. Access to the development will be along Murphy Road which will connect to six new public streets to be built within Phase I. Drainage and Stormwater Runoff. The developer has submitted a drainage study of the site, which has been reviewed and accepted by the Colleyville Engineering Department. According to the drainage study, the development will provide on-site detention. The detention structures will release the runoff at a rate equivalent to that of pre-developed conditions. Sanitary Sewer. A lift station and a force main will be utilized to handle the sanitary sewer for the portion of the development that is unable to tie into the existing sanitary sewer system. The construction plans have been reviewed and accepted by the Colleyville Engineering Department. The City Council approved a separate City-Developer Agreement that will provide the escrow of funds for the future maintenance of the lift station. Parkland Dedication Fees. Parkland Dedication fees are due at the time of approval of the final plat. The fee for residential uses is $1,802 per residential lot. The fee must be paid before the plat is recorded with the County Clerk's Office. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the final plat at the November 26, 2007 meeting by a vote of 6-0. Summary. The proposed development satisfies the requirements of the Land Development Code and Ordinance 0-99-1153. 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S- ~ 1wA.A t~ "si eQ i+. ;~ r s; _ ~ ~ # ~~° F /,; wnw 'x ss.> 3~ Q ^-7 a~, .i..t i e ~ F~ cx iya ~c 99 ! q1F 9 J..~ ~ 5 ~~~.ie_~ ~e a91 9i su ~~ ~ t E 11) ai/ /+ ,-- Clt of Colle V~~~e 100 Main Street ~, y y Colleyville, Texas 76034 (817) 503-1000 '~~~~~~ Agenda Briefing www.colleyville.com File Number: 0-07-1648 File Number: 0-07-1648 File Type: Ordinance Status: Second Reading Version: 1 Agenda Date: 12/04/2007 Controlling Body: City Council Requester: Community Agenda No.: 5a Final Action: Development Department File Name: Approval of a request for a zoning change from AG-Agricultural and PUDC-Planned Unit Development Commercial to CC 1-Village Retail on Tract 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition Attachments: Location and Zoning Map Statement of Planning Objectives Conceptual Site Plan for a portion of the subject property Ordinance 0-07-1648 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/22/2007 Planning and Zoning Commission 1 11/27/2007 City Council 1 12/04/2007 City Council Title Approval of a request for a zoning change from AG-Agricultural and PUDC-Planned Unit Development Commercial to CC1-Village Retail on Tract 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition located at 1109 Church Street and 5500 Colleyville Boulevard, Case Z-07-033 Explanation Second Reading and Public Hearing No one spoke regarding this request at the November 27, 2007 meeting. First Reading and Public Hearing Joel Judd submitted a request to change zoning from AG-Agriculture and PUDC-Planned Unit Development Commercial zoning districts to the CC1-Village Retail zoning district on the properties located at 1109 Church Street and 5500 Colleyville Boulevard. The property located at 1109 Church Street is unplatted and zoned AG. The property located at 5500 Colleyville Boulevard is platted and zoned PUDC. The applicant is seeking a zoning change in order to develop a portion of the subject properties as a physical therapist's office with the remainder to be used for general office and retail uses. Master Plan. The Master Plan designates this property for future retail use. The proposed City of Colleyville Page 1 Printed on 11/29/2007 Agenda Briefing Continued (0-07-1648) zoning designation would be in compliance with the Future Land Use Plan. Lot Sizes and Widths. The CC1 zoning district requires a minimum lot area of 15,000 square feet. The properties are required to be platted prior to the issuance of building permits. The platted lot(s) must meet the minimum requirements of the CC 1 zoning district. Surrounding Properties. The surrounding properties are a mixture of office, retail, church and single family uses. The properties to the north are zoned PUDC-Planned Unit Development Commercial, R20-Single Family Residential and AG-Agricultural and contain a coffee shop, single family homes and a vacant lot. The property to the west is zoned AG-Agricultural and contains a single family home. The property to the south is zoned CC1-Village Retail and is developed as an office and a church. Properties to the east, across Colleyville Boulevard, are zoned CC2-Shopping Center and are developed as a shopping center and a bank. Development Trends. The development trends in this area primarily focus on retail and office uses. Church Street Construction. The estimated completion date of the Church Street construction is January 2008. No building permit may issued on the subject property until the street construction is completed. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Public Notification. Staff mailed notices to 16 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 no correspondence in regard to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the zoning change request at the October 22, 2007 meeting by a vote of 5-0. Summary. The proposed zoning change is in compliance with the Future Land Use Plan, which designates the subject property as a future retail development area and is consistent with the surrounding zoning designations. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 11/29/2007 Location and Zoning Map Joel D. Judd STATEMENT OF PLANNING OBJECTIVES To construct office building for Joel D. Judd's physical therapist practice. DEVELOPMENT SCHEDULE Construction of project to begin upon completion of new Church Rd. extension. PROPOSED OWNERSHIP Joel D. Judd as sole proprietor. Conceptual Site Plan for a Portion of the Subject Property Portion of Subject Property to be used as Physical Therapist's Office ~" t- D ~v rsr 47 ~~ r m m . o w rn m~ ~~ .~ ~~ r~~ F~~ +~ I f +I 1 ~~ (~z ~ ~) ,~ I ~(~ ~' ~~-, ~ itl ~ ~r k ~ m ~ ~-~ ~ ~r ~ ~~ ~' ~~ N ~ ~~ ~~ k ~4 ~` r \` \\ ~~,~ ~`` \~ r, ~ ~~ r ~ ~ . ~~~ \ ~ !~Q ~~S.T+VY/' ~ =190.6$ GB = 54.33 `4~i"~ CL=I~J.~J'g' ty 1 ~ 4 l ~ \ \ ,; ~ ~ ~ -~'` ~ ~ . , • ~ ~ t ~. ~ ! i ~p t ~~h~ h "r.=.~~~.~0' d- II.3Q1'34' L=68.50'` G8 = 53046 GL=6838' ,- ~ ,~ s ~~°~`' ~ y~6, ~```~~ ~ Remainder of the Subject Property to be developed as future office/retail ~r~ ~~ ss ORDINANCE 0-07-1648 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON TRACT 1 F01 AND 1 F02, ABSTRACT 937 OF THE NANCY B. LOONEY SURVEY AND. LOT 2, BLOCK 1 OF THE STARBUCKS ADDITION, FROM THE AG-AGRICULTURAL ZONING DISTRICT AND THE PUDC- PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE CC1- VILLAGE RETAIL 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 rezoning under Case No. Z-07-033; 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, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after Ordinance 0-07-1648 Page 2 of 3 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 Tract 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition, from the AG-Agricultural zoning district and the PUDC-Planned Unit Development Commercial zoning district to the CC1-Village Retail zoning district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map and, a portion of which, is described in the attached Exhibit "B", labeled Legal Description. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-07-1648 Page 3 of 3 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"- Location and Zoning Map EXHIBIT "B"-Legal Description Being a L 174 sere tract in the Nancy B. Looney Survey, Abstract. No. 937, Tarrant County, Texas and being portions of two tracts of land described in deeds to David Patrick Linton and recopied in Volume 13934, Page 351 and Volume 13990, Page 212, Deed Records, Tarrant County, Texas and being more particularly described as follows: Beginning at a 5/8°` imn with cap set in the westerly line of said Linton tract recorded in Volume 13934, Page 351, in the easterly line of a tract described in a deed to First Baptist Church ofColleyvriie and recorded in Volume 15593, Page 51, said deed records, at the southwest corner of Tract 5 as described in a deed to the City of Colleyville and recorded under Tarrant County Clerk's File No. D206397239 and at the beginning of a curve to the right in the southwesterly line of Church Street; Thence 189.83 feet with the arc of said curve to the right and the southwesterly line of Church Street to a 5/8" iron with cap found at the begirming of a curve to the left. Said curve to the right has. a radius of258.tM? feet, a central angle of 42 degrees 09 minutes 25 seconds and a Long chord which bears S 45 degrees 35 minutes 40 seconds E, 185.58 feet; Thence 16b.98 feet with the arc ofsaid curve to the left and the southwesterly line of Church Street to a S/8" imn with cap Found in the easterly line of said Linton tract retarded in Volume 1.3990, Page 212 and in a line of Lot 2, Block T, Starbucks Addition, an addition to the City of Colleyville as shown on the plat recorded in Cabinet A, Slide 1094&, Plat Records, Tarrant County, Texas. Said curve to the left has a radius of 341.00 feet, a central angle of 28 degrees 03 minutes 25 seconds and a long chord which bears S 38 degrees 32 minutes 41 seconds E, 165.32 feet; Theme S 17 degrees 17 minutes 13 seconds W with the easterly line of said Linton tract recorded in Volume 13990, Page 212 and a line of said Lac 2, 78.94 feet to a point at a earner of said Linton tract recorded in Volume 13990, Page 212 and a corner of said Lot 2 fmm which a bent 5!8" imn bears N 00 degrees 19 minutes 24 seconds W, 0.28 feet; Thence S 89 degrees 16 minutes 56 seconds W with the southerly tines of said Linton tracts and the northerly line of'said Lot 2, 215.52 feet to a 5/8"' imn found at the southwest tamer of said Linton tract retarded in Volume 13934, Page 351, the northwest corner of said Lat 2 and in the easterly line of said First Baptist Church of Colleyville tract; Thence N 00 degrees 34 minutes 20 seconds E with the westerly line of said Linton tract recorded in Volume 13934, Page 351 and the easterly line of said First Baptist Church of Colleyville tract, 337.24 feet to the paint of beginning and containing 1.174 acres or 51,159 square feet. q-2o-o7 <-_ Clt of Colle V~~~e 100 Main Street ~ Y Y Colleyville, Texas 76034 ':`~ (817) 503-1000 ~~~~~~ Agenda Briefing www.colleyville.com File Number: 0-07-1649 Version: 1 File Number: 0-07-1649 File Type: Ordinance Agenda Date: 12/04/2007 Requester: Finance Department Agenda No.: 6a Final Action: File Name: Amending the Code of Ordinances by amending Chapter 90 by adding Section 90-04 imposing a tax on goods in transit Attachments: HB 621 letter from the firm of Perdue, Brandon, Fielder, Collins & Mott LLP.pdf Ordinance 0-07-1649. pdf History of Legislative File Status: First Reading Controlling Body: City Council Version: Date: Acting Body: Action Text: 12/04/2007 City Council Title Amending the Code of Ordinances by amending Chapter 90 by adding Section 90-04 imposing a tax on goods in transit Explanation First Reading and Public Hearing Per Ordinance 0-89-752, the City of Colleyville taxes freeport goods that leave the state within 175 days. House Bill (HB 621), a bill to expand the freeport exemption, was approved in the 2007 session of the legislature, per the constitutional amendment approved in 2001. This new exemption permits goods to be exempt if shipped to another location either inside or outside the State of Texas within 175 days. The legislation permits a taxing entity to opt out of the legislation by holding a public hearing and approving an ordinance taxing "goods in transit" before December 31, 2007. If no action is taken, the additional exemption authorized by HB 621 goes into effect. Tarrant Appraisal District estimates the current annual loss of taxable value at $840,818.00 and the ad valorem tax revenue loss at $2,992.47. As is stated in the attached memo from the City's property tax attorney, the loss is currently limited because most goods are kept in facilities that are owned by the owners of the goods themselves. In order to take advantage of this new law, property owners may transfer ownership to make the property exempt, so in the future the loss could be greater. The surrounding area cities are taking action before December 31, 2007, to opt out of the tax exemption for goods in transit authorized by HB 621. Financial Impact It has been determined that if not approved, the current annual loss of taxable value at $840,818.00 and the ad valorem tax revenue loss at $2,992.47. City of Colleyville Page 1 Printed on 11/30/2007 Agenda Briefing Continued (0-07-1649) Recommendation Approval City of Colleyville Page 2 Printed on 11/30/2007 Perilu~Brar>bdorlFil.er~llinsB~c~t~ Z.7:~ A1"Tt7R[vGYS A"I' LAW 4025 WOODLAND PARK BLVD., SUITE 300 P.O. BOX 13430 ARLINGTON, TEXAS 76094-0430 METRO 817-461-3344 FAX 817-860-6509 www.pbfcm.com Clients of the Firm RE: New Exemption of "Goods in Transit"-Local Option to Tax Dear Client: In the 2007 session, the Texas Legislature passed HB 621. This bill was the implementing legislation for a constitutional amendment that was passed several years ago. The bill is very similar to the Freeport exemption passed many years ago, but it has a potentially larger impact as time goes on. This letter is to inform you of your options to tax the goods subject to the new exemption and to provide you with the forms and procedure to tax these goods if you choose. Our firm takes no position on the policy question of whether or not to continue to tax the property that is subject to this new exemption. We simply believe that the governing body of each of our clients should have the tools to make an informed decision on behalf of the taxpayers they represent. This new law passed without much scrutiny because it was a bracket bill that only affected one county in Texas until the closing days of the legislative session. Then an amendment made the exemption applicable statewide. What is Exempted? This bill exempts goods, principally inventory, that are stored in a location that is not owned by the owner of the goods and are transferred from that location to another location within 175 days. The goods may be in the location for the purposes of assembling, storing, manufacturing, processing, or fabricating purposes by the person who acquired or imported the property. Certain specific types of goods are presently excluded from this exemption: oil, natural gas, petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's heavy equipment inventory, or retail manufactured housing inventory. Petroleum products are defined to be only the immediate derivatives of oil and natural gas, so some goods that you might think of as petroleum products may actually be exempted from taxation by this new law. What is the Impact on Your Tax Base? At present, this new law will probably have a limited impact because most goods are kept in facilities that are owned by the owners of the goods themselves. However, this may change rapidly.. In order to take advantage of this new law, many property owners may seek to transfer ownership of either the goods or the facilities in which the goods are stored, manufactured, processed, etc. to legal entities with different ownership. These types of paper changes could make the property exempt. AMARILLO ARLINGTON AUSTIN HOUSTON LUBBOCK MIDLAND TYLER WICHITA FALLS What Can You Do? The governing body of each taxing unit in the state may act to tax these goods in the year following the year in which the governing body takes action. These goods will first become exempt in 2008. So if you wish to continue to tax these types of goods in 2008, you must act to tax the goods before the end of 2007. You must inform all the appraisal districts~in which your local government is located that you have acted to tax these goods. A copy of the resolution, order, or ordinance is the best way to document your decision to your appraisal district. Before you act to tax these goods, you must hold a public hearing on the question of whether to tax them or whether to let them become exempt. The legislature has prescribed no special procedures for this hearing, so it may be held at a meeting of the governing body called for other purposes. The item must be listed on the agenda for that meeting as an action item in compliance with the Open Meetings Act, but there is no additional public notice required. The legislature required that each taxing unit act in the manner required for official action by the governing body of the taxing unit. For counties, this means that action must be taken by an order of the commissioner's court. For cities, this means that action must be taken by an ordinance. For school districts and other taxing units, this means that action should be taken by resolution. A sample order, ordinance and resolution are attached to this letter. Special Note for School Districts The wealth lost to this exemption will be deducted from the taxable wealth of the school district as determined by the Comptroller for purposes of calculating state aid. Until the hold harmless provisions of House Bill 1 are removed, this will have little impact on the amount of state aid your school district receives. At present, the Comptroller's wealth estimate affects only the additional four cents that a school district may impose and the amount of certain types of facilities aid the district receives from the state (existing debt allotment and instructional facilities allotment). So as the law exists today, a school district will lose taxable wealth due to this exemption without an offsetting increase in state aid. Even if the legislature restores the Comptroller's finding of taxable wealth to its previous role in state aid to school districts, the effect of the additional state aid is not a dollar for dollar offset. We hope that this letter and the attached forms will help you make an informed decision on behalf of the taxpayers that you represent. If you should have any questions concerning this matter, please feel free to call your attorney at your local office or call me in Houston. Sincerely, Robert Mott ORDINANCE 0-07-1649 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 90, TAXATION, BY ADDING SECTION 90-04 IMPOSING A TAX ON GOODS IN TRANSIT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, in November 2001, the Texas voters approved an amendment to the Texas Constitution adding Article VIII, Section 1-n, authorizing the Texas Legislature to exempt from ad valorem taxation "goods in transit"; and WHEREAS, the Texas Constitution, Article VIII, Section 1-n(d), allows a municipality to tax "goods in transit" if the Texas Legislature authorizes an exemption; and WHEREAS, the City Council has held a public hearing at which members of the public were permitted to speak for or against the taxation of "goods in transit"; and WHEREAS, the City has complied with all necessary laws and other conditions precedent prior to enacting this ordinance; and WHEREAS, the City Council wishes to amend Chapter 90 of the Colleyville Code of Ordinances, and deems such amendments to be in the best interests of and necessary to protect the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated herein above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Chapter 90 Taxation of the Colleyville Code of Ordinances is hereby amended by the addition of a new Subsection 90-4 to read as follows: "Sec. 90-4. Tax imposed on goods in transit (a) Definitions: (1) "Dealer's motor vehicle inventory," "dealer's vessel and outboard motor inventory," "dealer's heavy equipment inventory," and "retail manufactured housing inventory" have the meanings assigned by Subchapter B, Chapter 23 of the Texas Tax Code. (2) "Goods in transit" means tangible personal property that: Ordinance 0-07-1649 Page 2 of 3 (A) is acquired in or imported into this state to be forwarded to another location in this state or outside this state; (B) is detained at a location in this state in which the owner of the property does not have a direct or indirect ownership interest for assembling, storing, manufacturing, processing, or fabricating purposes by the person who acquired or imported the property; (C) is transported to another location in this state or outside this state not later than 175 days after the date the person acquired the property in or imported the property into this state; and (D) does, not include oil, natural gas, petroleum products, aircraft, dealer's motor vehicle inventory, dealer's vessel and outboard motor inventory, dealer's heavy equipment inventory, or retail manufactured housing inventory. (3) "Location" means a physical address. (4) "Petroleum product" means a liquid or gaseous material that is an immediate derivative of the refining of oil or natural gas. (b) Tax Imposed. The City hereby imposes a tax on "goods in transit", as provided by Texas Tax Code § 11.253Q), and not exempt from taxation by any other law." Sec. 3. THAT the effective date for these amendments shall be the date of passage by the City Council, and all customers shall be billed under the new rates for usage commencing said date. Sec. 4. THAT if any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Sec. 5. THAT this ordinance shall become effective from and after the date of its passage. Ordinance 0-07-1649 Page3of3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2007. The second reading and public hearing being conducted on the 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney _-.iiy. ~f_~ f~_ Clt of Colle V~~~@ 100 Main Street ~ y Y Colleyville, Texas 76034 (817) 503-1000 ~~~~°~~ Agenda Briefing www•colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 12/04/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: 8 Final Action: Secretary File Name: Reports -December 4, 2007 Attachments: Planning and Zoning Commission Minutes -November 12, 2007 History of Legislative File Version: Date: Acting Body: Action Text: 1 12/04/2007 City Council Title Planning and Zoning Commission Minutes -November 12, 2007 City of Colleyville Page 1 Printed on 11/30/2007 .~~ Cit of Colle~/V~~~e 100 Main Street w~ : _~~ ~~ ~ ~ 7 Colleyville, Texas 76034 ` _ _ ~'+ (817) 503-1000 Minutes -Final vvww.colleyville.com r,,.., Planning and Zoning Commission Monday, November 12, 2007 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF THE DECEMBER PLANNING AND ZONING COMMISSION MEETING SCHEDULE REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on November 12, 2007 at 7:00 p. m. 2. ROLL CALL Present: Commissioners Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner Larry Knox Staff Present: Ron Ruthven, Chris Fuller, Chad Bartee, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the October 22, 2007 meeting City of Colleyville page 1 Printed on 11/27/2007 Planning and Zoning Commission Minutes -Final November 12, 2007 minutes with the vote correction made on item Commissioner Redfearn as absent and Commissioner present for an aye vote. Commissioner Phelps seconded. 6 7. 7a Approval of a Preliminary Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-052 Ron Ruthven presented the case and briefed Commissioners. Commissioner Duffy questioned staff regarding if the Homeowner Association documents have been submitted? Ron Ruthven replied there is not a Homeowner Association agreement required since there is not a private street. Commissioner Duffy questioned staff regarding who will be responsible for the maintenance of the open spaces? Ron Ruthven replied the open spaces are dedicated as part of the plat. Commissioner Duffy questioned staff regarding who have the open spaces been dedicated to? Ron Ruthven replied the Homeowners Association will maintain the open spaces. Commissioner Duffy questioned staff regarding where are the Homeowners Association documents? Chris Fuller replied it has been customary for the Homeowners Association documents to be submitted and reviewed by the City Attorney's office in the event of a privatized street. He stated for normal plats that have Homeowner Association notations on the plat, otherwise the maintenance would be placed on that owner in the event that a HOA is not formed. Commissioner Duffy questioned staff regarding if the homeowner's are required to join the HOA and pay fees for it? Chris Fuller replied if the developer has determined that he is not going to have a HOA, someone will still own that open space property and be responsible for it. Commissioner Duffy questioned staff regarding how will the City be protected? City Attorney Kallas replied the HOA and the enforcement of the City's code regarding maintenance of that would be the responsibility of the Code Enforcement Department, which in this case will not hold up the approval of this plat. Commissioner Duffy stated he understood , however, according to the code, the developer is required to state his The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Knox CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 8a to reflect Dudziak as REGULAR AGENDA ITEMS City of Colleyville page 2 Printed on 11/27/2007 Planning and Zoning Commission Minutes -Final November 12, 2007 intentions for the plat. City Attorney Kallas reminded Commissioner Duffy that those things are not relevant to the approval of the plat. Commissioner Byerly moved to approve case P-07-052. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Knox 7b Approval of a Final Plat for The Enclave at Arbor Estates Addition located at 2505-2509 Hall Johnson Road, Case P-07-053 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn moved to approve case P-07-053. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Knox Commissioner Duffy questioned staff regarding if there is anyway for staff to let the Commissioners know what the developer's intentions are for the open space and who will maintain it. Ron Ruthven acknowledged. 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a zoning change from RE-Residential Estate and AG-Agricultural to R40-Single Family Residential on 1.8 acres on Tract 6 of the Pleasant Run Estates Addition located at 6600 Pleasant Run Road, Case Z-07-034 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding what will diminish the size of the lots? Ron Ruthven replied that right of way dedications on the replat. Commissioner Dudziak questioned staff regarding if that would be for both McDonwell School Road and Pleasant Run Road? Ron Ruthven replied that would be determined at the time of platting as to which or if both will be required. Commissioner Phelps questioned staff regarding if sidewalks will be required on both of the streets? Ron Ruthven replied yes, at the time of CKy of Colleyville Page 3 Printed on 11/27/2007 Planning and Zoning Commission Minutes -Final November 12, 2007 building permits sidewalks would be required. Commissioner Redfearn questioned staff regarding if R40 requires a 25 foot setback on the front? Ron Ruthven replied it requires a 40 foot setback on the front as does RE zoning. Commissioner Duffy questioned staff regarding if the setback on the exhibit is correct? Ron Ruthven replied it is incorrect; it should have a 40 foot setback not a 25 foot setback as indicated on the exhibit. Commissioner Duffy questioned staff regarding if there are right of way dedications required for both roads? Ron Ruthven replied that the Master Thoroughfare Plan does require additional right of way for both roads, however, as far as how much right of way is required has not been determined. Commissioner Duffy stated right of way would be required. Ron Ruthven concurred. Commissioner Byerly opened the public hearing at 7:20 p.m. Mark Cameron, the applicant, 6600 Pleasant Run Road, came forward to present the case and brief the Commissioners. Commissioner Duffy questioned Mr. Cameron if the entrances will come off of Pleasant Run Road or McDonwell School Road? Mr. Cameron replied not knowing at this time for the lot adjacent to Pleasant Run Road, he stated it would depend on the design of the new home. Commissioner Duffy and Mr. Cameron discussed the issues stated in the Development Review Committee memo and the Applicant's Response. Staff concurred with the Development Review Committee memo. Commissioner Redfearn questioned Mr. Cameron what is the rational for rezoning since all of the properties around are zoned RE? Mr. Cameron replied he does not want to have to take care of 1.85 acres. He wants a more modest home. Commissioner Phelps stated because of the right of way dedication for Pleasant Run Road and McDonwell School Road, the future lots may not meet the R40 zoning district requirements. He stated he would not be in favor of having lots that will not comply with the R40 zoning district requirements. Keath Hance, 6504 Cutter Ridge Court, spoke on behalf of the Cutter Ridge Homeowners Association, and stated they oppose the R40 rezoning request. There being no one wishing to speak, the public hearing was closed at City of Colleyville Page 4 Printed on 11/27/2007 Planning and Zoning Commission Minutes -Final November 12, 2007 7:36 p.m. Commissioner Phelps questioned if the letter from the Homeowners Association is on file with the City? Mr. Hance replied yes. Commissioner Duffy questioned Mr. Hance how does his property drain? Mr. Hance replied to the north across McDonwell School Road. Commissioner Byerly questioned staff regarding what are the differences between the RE and R40 zoning districts. Ron Ruthven replied the RE zoning district requires 80,000 square feet whereas the R40 zoning district requires 40,000 square feet. He stated the RE zoning district requires 200 feet of frontage and a lot depth a little longer than R40. He stated there are some similarities, but the RE zoning district is twice the size of R40 zoning district. Commissioner Phelps questioned staff regarding how much would the second lot not be in compliance with the R40 zoning district? Ron Ruthven replied not knowing what those dimensions or specific numbers would be without a plat. Commissioner Byerly questioned staff if two conforming lots of R40 could be platted for this property? Ron Ruthven replied it would be difficult to get two conforming R40 lots on this property. Commissioner Phelps stated liking the RE zoning in this area and stated he understood what Mr. Cameron wants to do. However, he stated he would rather keep the RE zoning districts intact for this area. He stated this property conforms to the City's plan for this neighborhood. Commissioner Dudziak concurred and moved to deny case Z-07-034. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Dudziak, Redfearn, Clardy, Phelps, Duffy, Byerly Absent: 1 -Knox 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 10. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Byerly stated there will be a quorum for the meeting to be held the Monday after Thanksgiving. He stated the second meeting for December will be cancelled since it will fall on Christmas Eve. He stated the requirements will have been met for December since the first meeting in December will be held on December 10th. He reminded the Cky of Colleyville Page 5 Printed on 11/27/2007 Planning and Zoning Commission Minutes -Final November 12, 2007 Commissioners regarding the joint meeting with City Council to be held on December 19th. He stated staff will let the Commission know if there are plats that will need to go before the Commission before the joint meeting with City Council. 11. ADJOURNMENT The meeting adjourned at 7:42 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 9, 2007 by 12:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on November 26, 2007. City of Colleyville Page 6 Printed on 11/27/2007 RESOLUTION R-07-2912 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF DECEMBER 4, 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 AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor