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City Council-Agenda Packets-12/2/2008
:., ;,:,.,. City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 wvdw.colleyville.com Tuesday, December 2, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Update of the status of the SH261mprovement Project by Texas Department of Transportation (TxDOT) PC-2 Discussion of the December 2, 2008 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 potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Mineral Rights) Sec. 551.074 - Personnel -Deliberate the appointment, employment and duties of the City Manager City of Colleyville Page 1 Printed on 11/25/2008 City Council Agenda December 2, 2008 Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate. stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Matt Fogle, Highland Meadows Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyte 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-3034 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Celebrate Colleyville promotion and update -Michael Muhm, Celebrate Colleyville Steering Committee Chairman Announcements of awards and recognition In recognition of employees for years of service 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3035 4a Approval of the minutes of the regular City Council meeting of November 18, 2008 4b Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Saddlebrook Drive, and authorize the City Manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1701 Approval of a franchise agreement between Atmos Energy Corporation and the City of Colleyville City of Colleyville Page 2 Printed on 11/25/2008 City Council Agenda December 2, 2008 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1702 Approval of a request for a zoning change from CN-Neighborhood Commercial to CC1-Village Retail on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-08-023 6b 0-08-1703 Approval of a request for a Special Use Permit (SUP) for a private horse stable for domestic use on Lot 12, Block 1 of the Brighton Oaks Addition located at 2912 Sherwood Lane, Case Z-08-022 6c 0-08-1704 Approval of an ordinance amending Chapter 98, Article II, regarding Landscape Irrigation Regulations, Case G-08-033 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-3036 Consideration of an appeal of the decision by the Sign Board of Appeals for a variance regarding a monument sign on Lot 2, Block 1 of the Northstar Bank Addition, located at 6114 Colleyville Boulevard, Case A-08-012 8. TABLED ITEMS AND PUBLIC HEARINGS: 8a 0-08-1695 Approval of a request for a zoning change from R-20-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 8b 0-08-1696 Approval of a request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Colleyville Center Advisory Committee Minutes -August 18, 2008 Colleyville Center Advisory Committee Minutes -September 11, 2008 Parks and Recreation Advisory Committee Minutes -October 6, 2008 Colleyville Senior Center Advisory Committee Minutes -October 16, 2008 City of Colleyville Page 3 Printed on 11/25/2008 City Council Agenda December 2, 2008 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 2, 2008 -Reading and Public Hearing -Resolution R-08-3037 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Wednesday, November 26, 2008, by 5:00 p.m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 11/25/2008 ~,, r„ City of Colleyville 100 Main Street • ~ ~ Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Engineering Department Agenda Date: 12/02/2008 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Update of the status of the SH26 Improvement Project by Texas Department of Transportation (TxDOT) Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 12/02/2008 City Council Title Update of the status of the SH261mprovement Project by Texas Department of Transportation (TxDOT) Explanation This item provides for a project update on the proposed Colleyville Boulevard/SH26 roadway and drainage improvements project. Mr. Bill Riley, TxDOT Transportation Planning and Development Director will be present to discuss project limits, funding, right-of-way and construction bid letting. TxDOT projects the current limits of the project will be Pool Road south to an undetermined point north of Hall Johnson Road. The original project consisted of widening the existing roadway and performing extensive bridge and drainage improvements from Pool Road to Cheek Sparger Road. In recent conversations with TxDOT, staff has been advised the construction bid letting date is delayed to March 2011. Based on this schedule, construction would subsequently begin in late Fall 2011 or early 2012. City of Colleyville Page 1 Printed on 11/21/2008 `4-~~` City Hall `~~ ~ City of Colleyville 100 Main Street ' ~ Colleyville, Texas 76034 ~-~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 12/02/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-2 Final Action: Secretary File Name: Discussion of the December 2, 2008 regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 12/02/2008 City Council Title Discussion of the December 2, 2008 regular agenda items City of Colleyville Page 1 Printed on 11/21/2008 ` ~ City Hall Cit`, of Colle`,V~~~e 100 Main Street Colleyville, Texas 76034 ~~~" Agenda Briefing 817.503.1000 vvww.colleyville.com File Number: Version: 1 Requester: Office of the City Secretary File Type: Executive Session Agenda Date: 12/02/2008 Agenda No.: 1 File Name: Executive Session -December 2, 2008 Attachments: 1 -Executive Session.pdf History of Legislative File Status: Executive Session Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 12/02/2008 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 potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Mineral Rights) Sec. 551.074 -Personnel -Deliberate the appointment, employment and duties of the City Manager Sec. 551.087 -Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 11/24/2008 RESOLUTION R-08-3034 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF DECEMBER 2, 2008 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ;,, , City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 ~~~~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 12/02/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -December 2, 2008 Attachments: Employee Years of Service -Fiscal Year 2009 - 1st Quarter.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 12/02/2008 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Celebrate Colleyville promotion and update -Michael Muhm, Celebrate Colleyville Steering Committee Chairman Announcements of awards and recognition In recognition of employees for years of service City of Colleyville Page 1 Printed on 11/21/2008 EMPLOYEE YEARS OF SERVICE Fiscal Year 2009 1St Quarter NAME POSITION/DEPARTMENT HIRE DATE OCTOBER 20 YEARS Robert McKeown Fire Marshal/Fire Department 10/01/1988 1 YEAR Steven Strickert Irrigation Specialist/Parks and Recreation 10/22/2007 NOVEMBER 15 YEARS Scott Wrisley Firefighter/Paramedic/Fire Department 11/22/1993 5 YEARS Damaso Jordan Equipment Operator/Public Works 11/06/2003 1 YEAR Dustin Wynn Firefighter/Paramedic/Fire Department 11/05/2007 Audra White Recreation Specialist/Parks and Recreation 11/13/2007 RESOLUTION R-08-3035 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF DECEMBER 2, 2008 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of November 18, 2008 b. Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Saddlebrook Drive, and authorize the City Manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2008. CITY OF COLLEYVILLE David Kelly Mayor ,~.,I, City of Colleyville ~i~ ~ ~ s~' End V f .~;"F City Council Minutes -Draft City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, November 18, 2008 CITY COUNCIL CHAMBERS City Secretary Cynthia Singleton stated, in the absence of the Mayor and Mayor Pro Tem, the City Council Rules of Procedure provide that the City Secretary will call the meeting to order and the City Council will elect a Councilmember to preside. The Pre Council meeting of the Colleyville City Council was called to order by City Secretary Cynthia Singleton on November 18, 2008, at 5:40 p.m. Councilmember Wollin nominated Councilmember Hart to preside during the meeting and the nomination was accepted by acclamation of the City Council. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart and Mike Taylor were present. Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston, Police Lieutenant Rodney Cunningham, Finance Director Terry Leake, Public Works Director Steve Chutchian, Community Development Manager Ron Ruthven, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:30 p.m. PC-1 Mayor David Kelly and Councilmember Stan Hall were absent. Discussion of the process for filling an unexpired term on the Senior Center Advisory Committee City Secretary Cynthia Singleton stated a member of the Senior Center Advisory Committee resigned effective November 11, 2008, and reviewed the options City Council may consider for filling the position. The City Council determined the position would be advertised with those whose terms are expiring December 2008 and consider the appointment during the December 16, 2008 City Council meeting. City of Colleyville Page 1 Printed on 11/24/2008 City Council City Council Minutes -Draft November 18, 2008 PC-2 PC-3 PC-4 Presentation of the Monthly Financial Report -October 2008 Finance Director Terry Leake presented the October 2008 Monthly Financial Report and reported the percentage of current year taxes collected is slightly ahead of the percentage collected for October 2007. Presentation of the Quarterly Investment Report Finance Director Terry Leake presented the Quarterly Investment Report. Discussion of the November 18, 2008 regular agenda items There was discussion regarding agenda Item 5b, approval of an electric power contract, related to the current and future cost of natural gas and the 24-year projection. There was discussion regarding agenda Item 6a, approval of a franchise agreement between Atmos Energy Corporation and the City of Colleyville, and Interim City Manager Kelly Cooper stated the City Council may want to consider an increase in the Atmos Energy Corporation franchise fee from 4% to 5%, which would increase a residential bill $0.20 to $0.50 and a commercial bill $3.50 per month, based on usage. Discussion ensued regarding options for adjusting the franchise fee and the economic climate. The City Council requested staff provide the franchise fees of surrounding cities. City Attorney Michael Kallas advised, if the City Council desires, the ordinance may be prepared with a 5% franchise fee. There being no further discussion, Councilmember Hart adjourned the Pre Council meeting at 6:06 p.m. The regular meeting of the Colleyville City Council was called to order by Councilmember Hart on November 18, 2008, at 6:07 p.m. City of Colleyville Page 2 Printed on 11/24/2008 City Council City Council Minutes -Draft November 18, 2008 ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Mayor David Kelly and Councilmember Stan Hall were absent. 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 potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Mineral Rights) Sec. 551.074 -Personnel -Deliberate the appointment, employment and duties of the City Manager Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 3 Printed on 11/24/2008 City Council City Council Minutes -Draft November 18, 2008 Mayor Pro Tem Jon Ayers explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, Section 551.74, Personnel, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:50 p.m. and reconvened at 7:31 p.m. INVOCATION: Pastor Dale Smith, Colleyville Presbyterian Church PLEDGE OF ALLEGIANCE: City Attorney Michael Kallas 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-3030 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin invited citizens to attend Celebrate Colleyville, December 5, 2008 from 4:00 p.m. to 10:00 p.m. at the Colleyville Center and enjoy the giant snow hill ride, the Mind Winder and various activities and entertainment. Councilmember Wollin announced the Colleyville Woman's Club Holiday Tour of Homes will be held Sunday, December 7, 2008. Councilmember Licata stated Ms. Cathleen Lewis and her son, Rex Lewis-Clack, who has overcome autism in many ways through music and is a musical savant, will appear December 2, 2008, at 7:00 p.m. at Good Shepherd Catholic Community in Colleyville and on CBS "60 Minutes", Sunday, November 23, 2008, at 6:00 p.m. Councilmember Wollin, who serves as President of the Colleyville Garden Club, introduced members Ms. Susan Taylor and Ms. Kathleen Sorrell, presented the history of the Club and invited citizens to the Promenade Garden Tour, Sunday, May 3, 2009, 11:00 a.m. to 4:00 p.m. Ms. Taylor and Ms. Sorrell, on behalf of the Colleyville Garden Club, unveiled and presented two bronze sculptures to the City. Councilmember Wollin expressed appreciation to the Colleyville Garden Club for the sculptures, which will be displayed at McPherson Park. City of Colleyville Page 4 Prinfed on 11/24/2008 City Council City Council Minutes -Draft November 18, 2008 4. 4a 4b 4c Approval of the minutes of the regular City Council meeting of November 5, 2008 Approval to adopt a supplemental sidewalk system map related to the "Colleyville Pathways Plan" Approval of naming the trail at the Colleyville Nature Center, Mike Rambo Memorial Nature Trail Mayor Pro Tem Ayers read Resolution R-08-3031 in its entirety. Mayor Pro Tem Ayers opened the public hearing. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the height requirements for weeds, grass and uncultivated plants, wild flower areas and in opposition to the construction of sidewalks. Mr. David Ball, 705 Ruby Court, Grapevine, Texas, Troop Chaplain,Troop 28, expressed appreciation to City Council for consideration of naming the Colleyville Nature Center trail, the Mike Rambo Memorial Nature Trail and spoke of Mr. Rambo's enthusiasm for teaching, dedication and contributions to scouting. Mr. Tim Gauntt, 5507 Clermont Court, representing Boy Scouts, Troop 28, spoke in support of naming the Colleyville Nature Center trail, the Mike Rambo Memorial Nature Trail and regarding Mr. Rambo's commitment to scouting. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor spoke regarding the ordinance regulating the maximum height of weeds, grass or uncultivated plants in response to citizens and the protection of home values. Councilmember Taylor moved to approve Resolution R-08-3031. Councilmember Hart seconded the motion. Parks and Recreation Director Monica Walsh commended the Garden Club for enhancing City facilities and parks and for the donation of the sculptures. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3031 Cify of Colleyville Page 5 Printed on 11/24/2008 City Council City Council Minutes -Draft November 18, 2008 The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall Councilmember Licata stated the Trails and Sidewalks Committee studied the need for sidewalks and identified areas for sidewalk construction to facilitate a safe path to schools and create a pedestrian friendly city. He expressed appreciation to members of the Trails and Sidewalks Committee for developing the sidewalk system map. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1699 Approval of a request to amend the Planned Unit Development of Lot 1 R, Block 1 of The Gardens Addition located at 7011 Colleyville Boulevard, Case Z-08-021 Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1699. Mayor Pro Tem Ayers opened the public hearing. Mr. Ty Thompson, 1501 Merrimac Circle, Fort Worth, Texas, applicant, was present to answer questions of the City Council There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-08-1699. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall 5b 0-08-1700 Approval of an electric power contract with Cities Aggregation Power Project, Inc. (CAPP) pursuant to a 24-year power purchase agreement (PPA) and authorizing the City Manager to execute the disclosure letter, agreements and member contract Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1700. City of Colleyville Page 6 Printed on 11/24/2008 City Council City Council Minutes -Draft November 18, 2008 Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-08-1700. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1701 Approval of a franchise agreement between Atmos Energy Corporation and the City of Colleyville Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1701. Management Assistant Christine Loven provided an overview of the terms of the proposed franchise agreement between Atmos Energy Corporation and the City and presented the option for City Council's consideration of increasing the franchise fee from 4% to 5%. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding expenses associated with maintaining the rights-of-way and ensuring the City is receiving adequate compensation for construction and management of the rights-of-way. The City Council requested staff to provide the franchise fee rates of area cities. Councilmember Licata asked the City Attorney if the ordinance should be prepared at the 4% or 5% rate in consideration of City Council receiving additional information that may need to be considered at the second reading and public hearing. ~~ City Attorney Michael Kallas stated, The ordinance for the second reading should be changed to show the franchise rate of 5% so that City of Colleyville Page 7 Printed on 11/24/2008 City Council City Council Minutes -Draft November 18, 2008 Atmos will be on notice of the maximum rate the City is considering adopting. This does not mean that the rate cannot be changed to 4% on the second reading if the City Council desires to reduce the rate". Ms. Mary Jean Mahoney, representing Atmos Energy Corporation, stated Atmos is neutral regarding a 4% or 5% franchise fee. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-3032 Approval to pass through a water and sewer rate increase received by the City of Colleyville from the Trinity River Authority Mayor Pro Tem Ayers read Resolution R-08-3032 in its entirety. Finance Director Terry Leake stated the Trinity River Authority, who is the sole provider of the City's treated water and wastewater, increased the water and sewer rates due to greater costs for chemicals and debt service and provided information regarding the current and proposed water and sewer rate structure. Mayor Pro Tem Ayers opened the public hearing. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the timeframe and frequency of the rate increase. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding the timeframe of the rate increase. Councilmember Hart moved to approve Resolution R-08-3032. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall 8. TABLED ITEM AND PUBLIC HEARING 8a 0-08-1695 Approval of a request for a zoning change from R-20-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 City of Colleyville Page 8 Printed on 11/24/2008 City Council City Council Minutes -Draft November 18, 2008 Mayor Pro Tem Ayers stated Ordinance 0-08-1695 is tabled and is a continuation from the October 21, 2008, City Council meeting and must receive a supermajority vote by the City Council in order to be approved. He further stated a full City Council is not present and the applicant requested the item be continued to the December 2, 2008 City Council meeting. Mayor Pro Tem Ayers moved to continue Ordinance 0-08-1695 to the December 2, 2008 City Council meeting. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 10. REPORTS: Planning and Zoning Commission Minutes -October 13, 2008 Sign Board of Appeals Minutes -October 14, 2008 Commuter Rail Committee Minutes -October 27, 2008 Commuter Rail Committee Minutes -November 4, 2008 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 18, 2008 -Reading and Public Hearing -Resolution R-08-3033 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilmember Hart moved to adjourn. Councilmember Wollin seconded the motion. City of Colleyville Page 9 Printed on 12/2/2008 City Council City Council Minutes -Draft November 18, 2008 The motion carried by the following vote: Aye: 5 -Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 2 -David Kelly, Stan Hall APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND DAY OF 2008. City of Colleyville Page 10 Printed on 11/24/2008 d2 ,~1 City of Colleyville 100 Main Street (~ Colleyville, Texas 76034 r,,., Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 12/02/2008 Agenda No.: 4b Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Saddlebrook Drive, and authorize the City Manager to execute the agreement Attachments: Tarrant County Interlocal Agreement for Saddlebrook Drive History of Legislative File Version: Date: Acting Body: Action Text: 12/02/2008 City Council Title Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Saddlebrook Drive, and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing The City of Colleyville proposes to partner with Tarrant County in Fiscal Year 2009 (FY 2009) for the rehabilitation of asphalt pavement on Saddlebrook Drive. The City has previously worked with Tarrant County on multiple projects, and each project was completed at a considerable cost savings to the City. The County will provide all labor and equipment necessary to conduct the improvements and the City is responsible for the material purchase, traffic control and engineering testing. During Fiscal Year 2008, the City entered into an agreement with Tarrant County to perform the rehabilitation of Plantation Drive North and South, with an option to perform similar improvements on Saddlebrook Drive. Due to the County's continued commitment to asphalt pavement improvements around the Dallas Cowboys football stadium, their staff was only able to complete work on Plantation Drive North and South. As a result, the proposed Interlocal Agreement between the City of Colleyville and Tarrant County provides for reconstruction of Saddlebrook Drive. The project is scheduled to start in early Summer 2009 and be completed prior to the end of August 2009. The street has extensive surface cracking and base failures and is in need of total reconstruction. City crews will perform necessary surface preparation, including the repair of damaged concrete curbs, valley gutters and drive approaches with funding available from the Street Department's current operating budget. The street reconstruction will include milling and disposal of the existing top layer of asphalt, subgrade stabilization, and the City of Colleyville Page 1 Printed on 11/21/2008 Agenda Briefing Continued application of a new asphalt surface course. The overall value of the proposed street improvements is approximately $360,000, with the City's share of the cost for materials, testing and traffic control estimated to be $240,000. This agreement is consistent with the City's annual street rehabilitation program and is included in the City Council work plan. The Interlocal Agreement with Tarrant County allows for the reconstruction of a residential collector roadway without incurring the full cost of the project. During Fiscal Year 2010, the remaining streets in the Saddlebrook Addition will be resurfaced or reconstructed as part of the existing Capital Improvement Plan. Financial Impact It has been determined that funding is available from the FY 2009 Street Department Resurfacing Budget. Recommendation Approval City of Colleyville Page 2 Printed on 11/21/2008 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this the day of 2008, by and between the County of Tarrant, acting herein by and through its governing body the Commissioners Court, hereinafter referred to as the COUNTY, and the City of Colleyville acting herein by and through its governing body, hereinafter referred to as the CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the party or parties paying for the performance of governmental functions or services shall make payments therefore from current revenues available to the paying party; and, WHEREAS, the governing bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; set project being more particularly described as: ~ Reconstruction and an HMAC Overlay on Saddlebrook Drive from Bedford Road to Brown Trail (approximately 2,918 lf). The CITY hereby agrees that the CITY will pay for any engineering, survey, and laboratory testing necessary for these projects, and that the COUNTY will not be responsible for any payment for such services. The CITY must notify the COUNTY within thirty days of completion of this project of any complaint the CITY has with the project. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. The COUNTY agrees to provide labor and equipment for the following project: Saddlebrook Road: Reclaim the existing roadbed materials, incorporate and stabilize with a cement treated base and place a new four inch HMAC surface. 2. The CITY agrees to pay for the actual cost of the materials, including any delivery or freight costs. The CITY will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the CITY for incidental material cost. 3. The CITY agrees to pay for the cost of the removal of the existing asphalt surface by a milling contractor and is responsible for the adjustment of all valves, manholes, and utilities. The CITY will coordinate and disconnect any existing traffic signal loops and will be responsible for the replacement of all signal related devices if necessary. 4. The CITY agrees it will be responsible for traffic control on this project. This responsibility includes all signage, barricades and flagmen necessary to control traffic in and around the construction site. The COUNTY will provide temporary pavement markings where specified by the CITY. The COUNTY will be responsible for the placement of all permanent pavement markings as specified by the CITY. 5. The CITY will provide the COUNTY with a hydrant meter and all the water necessary for the projects at no cost to the COUNTY. 6. The CITY agrees that if a Storm Water Pollution Prevention Plan (SWPPP) is required, the CITY will be responsible for the design, development and installation of the Plan. The COUNTY will be responsible for the maintenance of the SWPPP for the duration of the project. The CITY further agrees to pay for all costs (including subcontractor materials, labor, and equipment) associated with the implementation and maintenance of the Plan. By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. The parties to this Agreement do not intend by this Agreement that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. The CITY agrees that the COUNTY is relying on the CITY for notice of when to proceed with these projects, but this Agreement does not require the COUNTY to do these projects within any particular time frame. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by both parties in writing. CITY: Authorized City Official ATTEST: CITY TARRANT COUNTY: Glen Whitley, County Judge ATTEST: COUNTY Gary Fickes, County Commissioner Precinct Three *APPROVAL AS TO FORM: District Attorney's Office By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Parties should not rely on this approval, and should seek review and approval by their own respective attorneys. ,,~_„~ City of Colleyville 100 Main Street ~~~ ~ Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1701 File Number: 0-08-1701 File Type: Ordinance Status: Second Reading Version: 1 Agenda Date: 11/18/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 5a Final Action: Manager File Name: Approval of a franchise agreement between Atmos Energy Corporation and the City of Colleyville Attachments: Ordinance 0-08-1701 History of Legislative File Version: Date: Acting Body: Action Text: 1 11/18/2008 City Council 1 12/02/2008 City Council Title Approval of a franchise agreement between Atmos Energy Corporation and the City of Colleyville Explanation Second Reading and Public Hearing At the November 18, 2008 City Council meeting, City Council directed the City Attorney to amend the proposed franchise ordinance to reflect a 5% franchise fee payable by Atmos. City Council also directed staff to research if area cities had adopted an increased fee. Of the surrounding cities, Bedford, Euless and North Richland Hills passed an amendment adjusting the franchise fee to 5%. Arlington and Irving also passed an amendment and increased the franchise fee to 5%. Approximately 50% of the Atmos Steering Committee member cities have passed an amendment however, not all of them increased to 5%, some chose to increase to 3% or 4%. The proposed franchise fee ordinance has been adjusted to reflect a 5% franchise fee. First Reading and Public Hearing On April 26, 1988, the City Council approved Ordinance 0-88-673 granting a 20-year franchise agreement to Lone Star Gas and its successors and assigns to furnish and supply gas to the general public in the City of Colleyville. The ordinance stipulated the franchise fee payable to the City would be equivalent to two percent (2%) of the gross receipts (from the sale of gas to domestic and commercial consumers, excluding sales to governmental and industrial users and consumers) up to April 20, 1988. At the conclusion of the 1988 calendar year, the franchise fee increased to 4%, payable on all gross receipts in the City of Colleyville Page 1 Prinfed on 11/24/2008 Agenda Briefing Continued (0-08-1701) domestic, commercial and industrial categories within the City. Ordinance 0-88-673 further stipulated the payments would be made annually on the first day of April, with the last payment being made on April 1, 2009. Ordinance 0-03-1401, approved by City Council on April 15, 2003, expanded the franchise fee revenue base to include transportation, third party value of gas, service charges and contribution in aid of construction categories. Excluded from the revenue base were residential, commercial and industrial governmental users. The ordinance also contained a most favored nation clause, which stipulated that if the company, at any time after the ordinance effective date, agreed to, or renewed a new municipal franchise ordinance with another municipality, which was higher than the 4%, the company would increase the fee paid to the City to be equal. On June 3, 2008, the City Council denied Ordinance 0-08-1682, which would have amended the franchise to invoke the most favored nation clause, created when several cities worked with Atmos on a rate case, which included an increased 1 % franchise fee. Had the City Council opted to adopt the ordinance, the 1 % increase was estimated to increase City revenues by approximately $84,700.00 annually and would increase the average residential customer bill by $0.20 monthly. Atmos, staff and City assigned attorney Cathy Cunningham, Boyle and Lowry, LLP, have reviewed the proposed franchise ordinance. The franchise fee remains at 4%, should the City Council wish to increase the franchise fee, Atmos is willing to accept an increase, however, the proposed franchise ordinance will require the change before approval. Highlights of the proposed franchise ordinance include: • The term is for fifteen (15) years, effective January 1, 2009, ending December 31, 2023 • The 4% franchise fee is payable based on gross revenues to include all revenue from the sale of gas to all classes of customers (excluding gas sold to another gas utility in the City for resale within City) • Payments will be made quarterly, on or before the forty-fifth (45th) day following the end of each calendar quarter. The initial payment provided under this franchise will be due on or before May 15, 2009, for the period January 1 through March 31, 2009, based on the preceding calendar quarter. Subsequent payments shall be made on August 15, November 15, February 15, and May 15 of each year during the term of the franchise and final payment will be due on or before February 15, 2024 and will be for the calendar quarter October 1 through December 31, 2023. Payments due prior to the beginning of the franchise will be paid pursuant to previous franchise terms • Contains the most favored nations clause which would allow the City Council to invoke a higher franchise fee rate, based on other cities municipal franchise ordinance fees City of Colleyville Page 2 Printed on 11/24/2008 Aaenda Briefina Continued (0-08-1701) • Atmos has sixty (60) days from and after the passage and approval of this ordinance to file its written acceptance thereof with the City Secretary, if Atmos does not file written acceptance, the franchise ordinance will be rendered null and void. Financial Impact It has been determined that there will be no additional financial impact to City revenues as the franchise fee remains 4%. Recommendation Approval City of Colleyville Page 3 Printed on 11/24/2008 ORDINANCE 0-08-1701 AN ORDINANCE GRANTING TO ATMOS ENERGY CORPORATION, A TEXAS AND VIRGINIA CORPORATION, ITS SUCCESSORS AND ASSIGNS, A FRANCHISE TO FURNISH, TRANSPORT AND SUPPLY GAS TO THE GENERAL PUBLIC IN THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, FOR THE TRANSPORTING, DELIVERY, SALE AND DISTRIBUTION OF GAS IN, OUT OF, AND THROUGH SAID MUNICIPALITY FOR ALL PURPOSES; PROVIDING FOR THE PAYMENT OF A FEE OR CHARGE FOR THE USE OF THE STREETS, ALLEYS, AND PUBLIC WAYS; REPEALING ALL PREVIOUS ATMOS ENERGY GAS FRANCHISE ORDINANCES; PROVIDING THAT IT SHALL BE IN LIEU OF OTHER FEES AND CHARGES, EXCEPTING AD VALOREM TAXES; PRESCRIBING THE TERMS, CONDITIONS, OBLIGATIONS AND LIMITATIONS UNDER WHICH SUCH FRANCHISE SHALL BE EXERCISED; PROVIDING A MOST FAVORED NATIONS CLAUSE, AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville is the owner of valuable rights of way which have been utilized by Atmos Energy Corporation and its predecessors pursuant to a franchise issued by the City; and WHEREAS, the City of Colleyville is legally authorized to regulate and franchise the use of City owned rights-of-way; and WHEREAS, all legal prerequisites for the passage of this ordinance have been met, including but not limited to the requirements of the Texas Open Meetings Act and the City Charter; and WHEREAS, City Council has found that the passage of this ordinance serves the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated herein are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. Grant of Authority/Length of Franchise/Term and Conditions (A) Grant of Authority. The City of Colleyville, Texas, herein after called "City," hereby grants to Atmos Energy Corporation, hereinafter called "Atmos Energy" or "Company," its successors and assigns, consent to use and occupy the present and future public rights-of- way of the City for the purpose of laying, maintaining, constructing, protecting, operating, and replacing the system needed and necessary to deliver, transport and distribute gas in, out of, and through City and to sell gas to persons, firms, and corporations, including all the general public, within the City's corporate limits. Ordinance 0-08-1701 Page 2 of 19 (B) Length of Franchise. Said privilege and license being granted by this ordinance is for a term ending December 31, 2023. (C) Terms and Conditions. The provisions set forth in this ordinance represent the terms and conditions under which the Company shall construct, operate, and maintain the system within the City, hereinafter sometimes referred to as the "franchise." In granting this franchise, the City does not in any manner surrender or waive its regulatory or other rights and powers under and by virtue of the Constitution and statutes of the State of Texas as the same may be amended, nor any of its rights and powers under or by virtue of present or future generally applicable ordinances of the City. Company, by its acceptance of this franchise, agrees that all such lawful regulatory powers and rights as the same may be from time to time vested in the City shall be in full force and effect and subject to the exercise thereof by the City at any time. Sec. 3. Definitions For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (A) "City" shall mean the City of Colleyville, Texas. (B) "Company" shall mean Atmos Energy Corporation, its successors and assigns, but does not include an affiliate, which shall have no right or privilege granted hereunder except through succession or assignment in accordance with Section 6 entitled "No Third Party Beneficiaries." (C) "City Manager" means City's manager, or designee. (D) "Gross Revenues" shall mean all revenue derived or received, directly or indirectly, from the sale of gas to all classes of customers (excluding gas sold to another gas utility in City for resale to its customers within City) within the corporate limits of City. Ordinance 0-08-1701 Page 3 of 19 (1) "Gross revenues" shall include: (a) revenues derived from the following `miscellaneous charges': i. charges to connect, disconnect, or reconnect gas within the City; ii. charges to handle returned checks from consumers within the City; iii. such other service charges and charges as may, from time to time, be authorized in the rates and charges on file with the City; and iv. contributions in aid of construction ("CIAC"). (b) revenues billed but not ultimately collected or received by the Company; (c) gross receipts fees; (d) all revenues derived by Company from the transportation of gas through the system of Company within the City to customers located within the City (excluding any gas transported to another gas utility in City for resale to its customers within City); and (e) the value of gas transported by Company for transport customers through the system of Company located in the City's public rights-of-way ("Third Party Sales") (excluding the value of any gas transported to another gas utility in City for resale to its customers within City), with the value of such gas to be established by utilizing Company's monthly weighted average cost of gas charged to industrial customers in the Mid-Tex division, as reasonably near the time that the transportation service is performed. (2) "Gross revenues" shall not include: (a) the revenue of any person including, without limitation, an affiliate, to the extent that such revenue is also included in gross revenues of the Company; and (b) sales taxes; and (c) any interest income earned by the Company; and Ordinance 0-08-1701 Page 4 of 19 (d) all monies received from the lease or sale of real or personal property, provided, however, that this exclusion does not apply to the lease of facilities within the City's public right-of way (E) "Person" shall mean any natural person, or any association, firm, partnership, joint venture, corporation, or other legally recognized entity, whether for-profit or not-for-profit, but shall not, unless the context clearly intends otherwise, include the City or any employee, agent, servant, representative or official of the City. (F) "Public Right-of-Way" shall mean public streets, alleys, highways, bridges, public easements, public places, public thoroughfares, grounds, and sidewalks of the City, as they now exist or may be hereafter constructed, opened, laid out or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated or annexed to the City. (G) "System" or "System Facilities" shall mean all of the Company's pipes, pipelines, gas mains, laterals, feeders, regulators, meters, fixtures, connections, and all other appurtenant equipment used in or incident to providing delivery, transportation, distribution, supply and sales of natural gas for heating, lighting, and power, located in the public right-of-way within the corporate limits of the City. (H) "Affiliate" shall mean in relation to the Company, a person that controls, is controlled by, or is under common control with the Company. As used in this definition, the term "control" means, with respect to a person that is a corporation, the ownership, directly or indirectly, of more than 50% of the voting securities of such person or, with respect to a person that is not a corporation, the power to direct the management or policies of such person, whether by operation of law, by contract or otherwise. (I) "Transport Customer" shall mean any person for which Company transports gas through the system of Company within the City's public rights-of-way for delivery within the City (excluding other gas utilities in City who resell gas to their customers within the City) . Ordinance 0-08-1701 Page 5 of 19 Sec. 4. Effect of Other Municipal Franchise Ordinance Fees Accepted and Paid by Company (A) If Company should at any time after the effective date of this ordinance agree to a new municipal franchise ordinance, or renew an existing municipal franchise ordinance, with another municipality in the Mid-Tex Division, which municipal franchise ordinance determines the franchise fee owed to that municipality for the use of its public rights-of-way in a manner that, if applied to the City, would result in a franchise fee greater than the amount otherwise due City under this ordinance, then the franchise fee to be paid by Company to City pursuant to this ordinance may, at the election of the City, be increased so that the amount due and to be paid is equal to the amount that would be due and payable to City were the franchise fee provisions of that other franchise ordinance applied to City. The City acknowledges that the exercise of this right is conditioned upon the City's acceptance of all terms and conditions of the other municipal franchise in toto. The City may request waiver of certain terms, and the Company may choose to agree with the waiver. Sec. 5. Acceptance of Terms of Franchise (A) The Company shall have sixty (60) days from and after the passage and approval of this ordinance to file its written acceptance thereof with the City Secretary. If the Company does not file such written acceptance of this franchise ordinance, the franchise ordinance shall be rendered null and void. The effective date shall be determined in accordance with the requirements of Section 28, "Effective Date." (B) At 11:59 P.M. on December 31, 2023, ALL rights, franchises and privileges herein granted, unless they have already at that time ceased or been forfeited or extended by mutual agreement while a new franchise is being negotiated, shall at once cease and terminate. Sec. 6. No Third Party Beneficiaries This franchise is made for the exclusive benefit of the City and the Company, and nothing herein is intended to, or shall confer any right, claim, or benefit in favor of any third party. Sec. 7. Successors and Assigns No assignment or transfer of this franchise shall be made, in whole or in part, except in the case of assignment or transfer to an affiliate without Ordinance 0-08-1701 Page 6 of 19 approval of the City Council of the City. Written notice of said transfer or assignment to an affiliate shall be provided to the City Manager. The City will grant such approval unless withheld for good cause, such as: (1) the failure of the proposed assignee or transferee to agree to comply with all provisions of this ordinance and such additional conditions as the City Council may prescribe in order to remedy existing conditions of non-compliance, or (2) the failure of the proposed assignee or transferee to provide assurances reasonably satisfactory to the City Council of its qualifications, character, the effect of the transfer and such other matters as the City Council deems relevant. Upon approval, the rights, privileges and franchise herein granted to Company shall extend to and include its successors and assigns. The terms, conditions, provisions, requirements and agreements contained in this franchise shall be binding upon the successors and assigns of the Company. Sec. 8. Compliance With Laws, Charter and Ordinances This franchise is granted subject to the laws of the United States of America and its regulatory agencies and commissions and the laws of the State of Texas, the Colleyville City Charter, as amended, and all other generally applicable ordinances of the City of Colleyville, not inconsistent herewith, including, but not limited to, ordinances regulating the use of public rights-of-way. Sec. 9. Previous ordinances When this franchise becomes effective, all gas franchise ordinances and parts of franchise ordinances applicable to the Company or its predecessors in interest granted by the City of Colleyville, Texas, are hereby repealed. Sec. 10. Notices Any notices required or desired to be given from one party to the other party to this ordinance shall be in writing and shall be given and shall be deemed to have been served and received if: (1) delivered in person to the address set forth below: (2) deposited in an official depository under the regular care and custody of the United States Postal Service located within the Ordinance 0-08-1701 Page 7 of 19 confines of the United States of America and sent by certified mail, return receipt requested, and addressed to such party at the address hereinafter specified; or (3) delivered to such party b may designate another continental United States notice of such change is last address of such part party's address for notice. y courier receipted delivery. Either party address within the confines of the of America for notice, but until written actually received by the other party, the y designated for notice shall remain such CITY City Manager City of Colleyville 100 Main Street Colleyville, Texas 76244 With a copy to: Matthew Boyle City Attorney Boyle and Lowry, LLP 4201 Wingren, Suite 108 Irving, Texas 75062 COMPANY Manager of Public Affairs Atmos Energy Corp., Mid-Tex Division 800 E. Border Street Arlington, Texas 76010 Sec. 11. Paragraph Headings, Construction The paragraph headings contained in this ordinance are for convenience only and shall in no way enlarge or limit the scope or meaning of the various and several paragraphs hereof. Both parties have participated in the preparation of this ordinance and this ordinance shall not be construed either more or less strongly against or for either party. Sec. 12. Conditions of Occupancy (A) All construction and the work done by Company, and the operation of its business, under and by virtue of this ordinance, shall be in conformance with the ordinances, rules and regulations now in force and that may hereafter be adopted by the City relating to the use of its public rights-of-way. This franchise ordinance shall in no way affect or impair the rights, obligations or remedies of the parties under the Texas Utilities Code, or other state or federal law. (B) If the City believes that Company has failed to comply with any operational or maintenance standards as required by this franchise Ordinance 0-08-1701 Page 8 of 19 ordinance, City shall give the Company written notice of such failure to comply. Company shall have the opportunity to cure such failure during a period not to exceed five (5) working days from receipt of the written notice. If the Company fails to cure the alleged failure to comply within the prescribed time period, the Company's alleged failure to comply shall be heard at a public meeting of the City Council. The Company shall be given written notice of the public meeting no later than five (5) working days prior to the posting date of the agenda for the City Council meeting at which such alleged failure is scheduled to be considered by the City Council. The notice to the Company shall include a list of the failures complained of. Company shall have an opportunity to address the City Council at such public meeting. Commencing five (5) calendar days following the adoption of a resolution or an ordinance of the City that finds and determines a failure of Company to comply with operational or maintenance standards as required by this franchise ordinance, Company may be subject to termination as outlined in Section 24. Sec. 13. Relocation of Company Equipment (A) Whenever by reason of widening or straightening of streets, water or sewer line projects, or any other public works projects in which beautification is not the primary purpose of the project (e.g., installing or improving storm drains, water lines, sewer lines, etc.), it shall be deemed necessary by City to remove, alter, change, adapt, or conform the underground or aboveground system facilities of Company to another part of the public rights-of-way, such alterations shall be made by Company at Company's expense in accordance with ordinances of the City of Colleyville. (B) If City abandons any public right-of--way in which Company has facilities, such abandonment shall be conditioned on Company's right to maintain its use of the former public right-of-way and on the obligation of the party to whom the public right-of-way is abandoned to reimburse Company for all removal or relocation expenses if Company agrees to the removal or relocation of its facilities following abandonment of the public right-of-way. If the party to whom the public right-of-way is abandoned requests the Company to remove or relocate its facilities and Company agrees to such removal or relocation, such removal or relocation shall be done within a reasonable time at the expense of the party requesting the removal or relocation. If relocation cannot practically be made to Ordinance 0-08-1701 Page 9 of 19 another public right-of-way, the expense of any right-of-way acquisition shall be considered a relocation expense to be reimbursed by the party requesting the relocation. Sec. 14. Laying of Lines in Advance of Public Improvements (A) Whenever the City shall decide to make any public improvements in any public right-of-way in which mains and pipes already exist or in which Company may propose to lay its mains or pipes, the Company will be provided the opportunity, at no expense to the City, in advance of such public improvements, to repair or replace such mains or pipes, if defective or inadequate in size, and to lay service lines, or renew same, if inadequate in size or defective, to the property lines where buildings are already located. (B) The Company shall be given written notice of the intention of the City to make public improvements in any such public right-of-way. Within one hundred twenty (120) days from receipt of such notice, the Company, if it has determined a need, shall initiate work and thereafter proceed in a workmanlike manner to completion of the necessary work. If the Company should fail to so proceed, and such street or alley is thereupon paved, except in an emergency or in response to a request for initiation of new service, the Company shall for two (2) years thereafter not be allowed to cut such pavement or excavate in such paved street or alley for any purpose. All pavement cuts or excavations within the two (2) year period, except in response to an emergency, shall be performed only upon written permission of the Director of Public Works under such terms and conditions as the Director of Public Works may prescribe. Company shall give notice to the City of emergency work as soon as possible after the commencement of such work. Notice shall be given by contacting the City personnel designated by the City for this purpose. Sec. 15. Installation of Meters If a meter is to be installed in or near the public rights-of-way, Company agrees to discuss with the Public Works Director or his/her delegate the aesthetics of the meter placement. If the City requires a meter upgrade, the Company will comply so long as the City reimburses the Company for the reasonable costs incurred by the Company in changing meters; provided, however, that in no event shall underground meters be required. Ordinance 0-08-1701 Page 10 of 19 Sec. 16. Extensions for Customers Company shall extend distribution mains in any street up to one hundred (100) feet for any one residential or commercial customer so long as the customer at a minimum uses gas for unsupplemented space heating and water heating. Company shall not be required to extend transmission mains in any public rights-of-way within City or to make a tap on any transmission main within City unless Company agrees to such extension by a written agreement between Company and a customer. Sec. 17. Duty to Serve The Company hereby agrees that it will not arbitrarily refuse to provide service to any person that it is economically feasible for the Company to serve. In the event that a person is refused service, said person may request a hearing before the City Council of the City or its designee, said hearing to be held within forty-five days from the date of the request for hearing. The City Council may order the Company to provide service or take any other action necessary to bring the Company into compliance with the intent of the City Council in granting this franchise. The City Council may render its opinion at its next regular meeting but in no event shall the City Council be required to act in less than seven (7) days. Sec. 18. Rates Company shall furnish reasonably adequate service to the public at reasonable rates and charges therefore, and Company shall maintain its system in good order and condition. Such rates shall be established in accordance with all applicable statutes and ordinances. Company shall maintain on file with the City copies of its current tariffs, schedules or rates and charges, customer service provisions and line extension policies. The rates and charges collected from its customers in the City shall be subject to revision and change by either the City or Company in the manner provided by law. Sec. 19. Payments to the City (A) In consideration of the privilege and license granted by City to Company to use and occupy the public rights-of-way in the City for the conduct of its business, Company, its successors and assigns, agrees to pay and City agrees to accept such franchise fees in the amount and manner described herein. Except as provided for in subsection (B) of this section, such payments shall be made on a quarterly basis, on or before the forty-fifth (45th) day following the end of each calendar quarter. The franchise fee shall be a sum of money that shall be equivalent to five percent (5%) of the gross Ordinance 0-08-1701 Page 11 of 19 revenues, as defined in the definition section of this franchise, for the preceding calendar quarter. The initial payment provided under this franchise shall be due on or before May 15, 2009, for the period January 1 through March 31, 2009, based on the preceding calendar quarter. Subsequent payments shall be made on August 15, November 15, February 15, and May 15 of each year during the term of the franchise. The final payment under this franchise will be due on or before February 15, 2024 and will be for the calendar quarter October 1 through December 31, 2023. Payments due prior to the beginning of the franchise will be paid pursuant to previous franchise terms. (B) The franchise fee amounts based on "Contributions in Aid of Construction" ("CIAC") shall be calculated on an annual calendar year basis, i.e., from January 1 through December 31 of each calendar year. The franchise fee amounts that are due based on CIAC shall be paid at least once annually on or before April 30 each year based on the total CIAC recorded during the preceding calendar year. The initial CIAC franchise fee payment will be due on or before April 30, 2009, and will be based on the calendar year January 1 through December 31, 2008. The final payment of franchise fee amounts based on CIAC will be April 30, 2024, based on the calendar year ending December 31, 2023. (C) It is also expressly agreed that the franchise fee payments shall be in lieu of any and all other and additional occupation taxes, easement, franchise taxes or charges (whether levied as a special or other character of tax or charge), municipal license, permit, and inspection fees, bonds, street taxes, and street or alley rentals or charges, and all other and additional municipal taxes, charges, levies, fees, and rentals of whatsoever kind and character that City may now impose or hereafter levy and collect from Company or Company's agents, excepting only the usual general or special ad valorem taxes that City is authorized to levy and impose upon real and personal property. Should City not have the legal power to agree that the payment of the foregoing sums of money shall be in lieu of occupation taxes, licenses, fees, street or alley rentals or charges, easements or franchise taxes, then City agrees that it will apply so much of said sums of money paid as may be necessary to satisfy Company's obligations, if any, to pay such occupation taxes, licenses, charges, fees or rentals. Ordinance 0-08-1701 Page 12 of 19 (D) If the Company fails to pay when due any payment provided for in this section, Company shall pay such amount plus interest at the current prime rate per annum from such due date until payment is received by City. (E) Company may file with the City a tariff or tariff amendment(s) to provide for the recovery of the franchise fee under this Agreement. City agrees that: (1) as a regulatory authority, it will adopt and approve the ordinance, rates, or tariff which provide for 100% recovery of such franchise fees as part of Company's rates; (2) if City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of Company's franchise fees is an issue, City will take an affirmative position supporting 100% recovery of such franchise fees by Company; and (3) in the event of an appeal of any such regulatory proceeding in which City has intervened, City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Company. City further agrees that it will take no action, nor cause any other person or entity to take any action, to prohibit the recovery of such franchise fees by Company. (F) Lease of facilities Within City's Rights-of-Way. Company shall have the right to lease, license or otherwise grant to a party other than Company the use of its facilities within the City's public rights-of- way provided: (1) Company first notifies the City of the name of the lessee, licensee or user, the type of service(s) intended to be provided through the facilities, and the name and telephone number of a contact person associated with such lessee, licensee or user; and (2) Company makes the franchise fee payment due on the revenues from such lease pursuant to the Section titled "Payments to the City" of this ordinance. This authority to lease facilities within City's rights-of--way shall not affect Ordinance 0-08-1701 Page 13 of 19 any such lessee, licensee or user's obligation, if any, to pay franchise fees, access line fees, or similar public right-of--way user fees. (G) City shall within thirty (30) days of final approval, give Company notice of annexations and disannexations of territory by the City, which notice shall include a map and addresses, if known. Upon receipt of said notice, Company shall promptly initiate a process to reclassify affected customers into the city limits no later than sixty (60) days after receipt of notice from the City. The annexed areas added to the city limits will be included in future franchise fee payments in accordance with the effective date of the annexation if notice was timely received from City. Upon request from City, Company will provide documentation to verify that affected customers were appropriately reclassified and included for purposes of calculating franchise fee payments. Sec. 20. Books and Records (A) Company agrees that at the time of each quarterly payment, Company shall also submit to the City a statement showing its gross revenues for the preceding calendar quarter as defined in the definition section of this franchise. City shall be entitled to treat such statement as though it were sworn and signed by an officer of Company. (B) City may, if it sees fit, upon reasonable notice to the Company, have the books and records of Company examined by a representative of City to ascertain the correctness of the reports agreed to be filed herein. The Company shall make available to the auditor such personnel and records as the City may in its reasonable discretion request in order to complete such audit, and shall make no charge to the City therefore. The Company shall assist the City in its review by providing all requested information no later than fifteen (15) days after receipt of a request. The cost of the audit shall be borne by the City unless the audit discloses that the Company has underpaid the franchise fee by 10% or more, in which case the reasonable costs of the audit shall be reimbursed to the City by the Company. If such an examination reveals that Company has underpaid the City, then upon receipt of written notification from City regarding the existence of such underpayment, Company shall undertake a review of the City's claim and if said underpayment is confirmed, remit the amount of Ordinance 0-08-1701 Page 14 of 19 underpayment to City, including any interest calculated in accordance with the section titled "Payments to the City" subsection (D). Should Company determine through examination of its books and records that City has been overpaid, upon receipt of written notification from Company regarding the existence of such overpayment, City shall review Company's claim and if said overpayment is confirmed, remit the amount of overpayment to Company. (C) If, after receiving reasonable notice from the City of the City's intent to perform an audit as provided herein, the Company fails to provide data, documents, reports, or information required to be furnished hereunder to the City, or fails to reasonably cooperate with the City during an audit conducted under the terms hereunder, the Company shall be liable for payment of a fee as set forth herein. The City shall give the Company written notice of its intent to impose a fee and shall provide Company with a period to cure its failure, such period not to exceed five (5) working days. If the Company fails to cure the alleged failure within the prescribed time period, the Company's alleged failure to comply shall be heard at a public meeting of the City Council. The Company shall be given written notice of the public meeting no later than five (5) working days prior to the posting date of the agenda for the City Council meeting at which such failure is scheduled to be considered by the City Council. The notice to the Company shall include a list of the failures complained of. Company shall have an opportunity to address the City Council at such public meeting. Commencing five (5) calendar days following the adoption of a resolution or an ordinance of the City that finds and determines a failure of Company to comply with the requirements of this Section, Company may be subject to termination as outlined in Section 24 entitled "Termination." Sec. 21. Reservation of Rights: General (A) The City reserves to itself the right and power at all times to exercise, in the interest of the public and in accordance with state law, regulation and control of Company's use of the public rights-of- way to ensure the rendering of efficient public service, and the maintenance of Company's system in good repair throughout the term of this franchise. Ordinance 0-08-1701 Page 15 of 19 (B) The rights, privileges, and franchise granted by this ordinance are not to be considered exclusive, and City hereby expressly reserves the right to grant, at any time, like privileges, rights, and franchises as it may see fit to any other person for the purpose of furnishing gas for light, heat, and power for City and the inhabitants thereof. (C) City expressly reserves the right to own and/or operate its own system for the purpose of transporting, delivering, distributing, or selling gas to and for the City and inhabitants thereof. (D) Nothing herein shall impair the right of the City to fix, within constitutional and statutory limits, a reasonable price to be charged for natural gas, or to provide and fix a scale of prices for natural gas, and other charges, to be charged by Company to residential consumers, commercial consumers, industrial consumers, or to any combination of such consumers, within the territorial limits of the City as same now exists or as such limits may be extended from time to time hereafter. Sec. 22. Right to Indemnification, Legal Defense and to be Held Harmless (A) In consideration of the granting of this franchise, Company agrees to indemnify, defend and hold harmless the City, its officers, agents, and employees (City and such other persons and entities being collectively referred to herein as "Indemnitees"), from and against all suits, actions or claims of injury to any person or persons, or damages to any property brought or made for or on account of any death, injuries to, or damages received or sustained by any person or persons or for damage to or loss of property arising out of, or occasioned by Company's intentional and/or negligent acts or omissions in connection with Company's operations. (B) The Company's obligation to indemnify indemnitees under this franchise ordinance shall not extend to claims, losses, and other matters covered hereunder that are caused or contributed to by the negligence of one or more indemnitees. In such case the obligation to indemnify shall be reduced in proportion to the negligence of the indemnitees. By entering into this franchise ordinance, City does not consent to suit, waive any governmental immunity available to the City under Texas law or waive any of the defenses of the parties under Texas law. Ordinance 0-08-1701 Page 16 of 19 (C) Except for instances of the City's own negligence, City shall not at any time be required to pay from its own funds for injury or damage occurring to any person or property from any cause whatsoever arising out of Company's construction, reconstruction, maintenance, repair, use, operation or dismantling of system or Company's provision of service. (D) In the event any action or proceeding shall be brought against the indemnitees by reason of any matter for which the indemnitees are indemnified hereunder, Company shall, upon notice from any of the indemnitees, at Company's sole cost and expense, resist and defend the same with legal counsel selected by Company; provided, however, that Company shall not admit liability in any such matter on behalf of the indemnitees without their written consent and provided further that indemnitees shall not admit liability for, nor enter into any compromise or settlement of, any claim for which they are indemnified hereunder, without the prior written consent of Company. Company's obligation to defend shall apply regardless of whether City is solely or concurrently negligent. The indemnitees shall give Company prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this Section. Nothing herein shall be deemed to prevent the indemnitees at their election and at their own expense from cooperating with Company and participating in the defense of any litigation by their own counsel. If Company fails to retain defense counsel within seven (7) business days after receipt of Indemnitee's written notice that Indemnitee is invoking its right to indemnification under this franchise, indemnitees shall have the right to retain defense counsel on their own behalf, and Company shall be liable for all reasonable and necessary defense costs incurred by indemnitees. Sec. 23. Insurance The Company will maintain an appropriate level of insurance in consideration of the Company's obligations and risks undertaken pursuant to this franchise, unless a specific amount is required by the City's right-of- way management ordinance, in which case said ordinance shall prevail. Such insurance may be in the form of self-insurance to the extent permitted by applicable law, under an approved formal plan of self- insurance maintained by Company in accordance with sound accounting and risk-management practices. A certificate of insurance shall be provided to the City. The Company will require its self-insurance to Ordinance 0-08-1701 Page 17 of 19 respond to the same extent as if an insurance policy had been purchased naming the City as an additional insured, and any excess coverage will name the City as an additional insured up to the amounts required by the City's right-of-way management ordinance. Sec. 24. Termination (A) Right to Terminate. In addition to any rights set out elsewhere in this franchise ordinance, the City reserves the right to terminate the franchise and all rights and privileges pertaining thereto, in the event that the Company violates any material provision of the franchise. (B) Procedures for Termination. (1) The City may, at any time, terminate this franchise for a continuing material violation by the Company of any of the substantial terms hereof. In such event, the City shall give to Company written notice, specifying all grounds on which termination or forfeiture is claimed, by certified mail, addressed and delivered to the Company at the address set forth in the Section titled "Notices" hereof. The Company shall have sixty (60) days after the receipt of such notice within which to cease such violation and comply with the terms and provisions hereof. In the event Company fails to cease such violation or otherwise comply with the terms hereof, then Company's franchise is subject to termination under the following provisions. Provided, however, that, if the Company commences work or other efforts to cure such violations within thirty (30) days after receipt of written notice and shall thereafter prosecute such curative work with reasonable diligence until such curative work is completed, then such violations shall cease to exist, and the franchise will not be terminated. (2) Termination shall be declared only by written decision of the City Council after an appropriate public proceeding whereby the Company is afforded the full opportunity to be heard and to respond to any such notice of violation or failure to comply. The Company shall be provided notice in writing at least fifteen (15) working days prior to any public hearing concerning the termination of the franchise. In addition, ten (10) days notice by publication Ordinance 0-08-1701 Page 18 of 19 shall be given of the date, time and place of any public hearing to interested members of the public, which notice shall be paid for by the Company. (3) The City, after full public hearing, and upon finding material violation or failure to comply, may terminate the franchise or excuse the violation or failure to comply, upon a showing by the Company of mitigating circumstances or upon a showing of good cause of said violation or failure to comply as may be determined by the City Council. (4) Nothing herein stated shall preclude Company from appealing the final decision of the City Council to a court or regulatory authority having jurisdiction. (5) Nothing herein stated shall prevent the City from seeking to compel compliance by suit in any court of competent jurisdiction if the Company fails to comply with the terms of this franchise after due notice and the providing of adequate time for Company to comply with said terms. Sec. 25. Renegotiation If either City or Company requests renegotiation of any term of this ordinance, Company and City agree to renegotiate in good faith revisions to any and all terms of this ordinance. If the parties cannot come to agreement upon any provisions being renegotiated, then the existing provisions of this ordinance will continue in effect for the remaining term of the franchise. Sec. 26. Severability This ordinance and every provision hereof, shall be considered severable, and the invalidity or unconstitutionality of any section, clause, provision, or portion of this ordinance shall not affect the validity or constitutionality of any other portion of this ordinance. If any term or provision of this ordinance is held to be illegal, invalid or unenforceable, the legality, validity or unenforceability of the remaining terms or provisions of this ordinance shall not be affected thereby. Sec. 27. No Waiver Either City or the Company shall have the right to waive any requirement contained in this ordinance, which is intended for the waiving party's Ordinance 0-08-1701 Page 19 of 19 benefit, but, except as otherwise provided herein, such waiver shall be effective only if in writing executed by the party for whose benefit such requirement is intended. No waiver of any breach or violation of any term of this ordinance shall be deemed or construed to constitute a waiver of any other breach or violation, whether concurrent or subsequent, and whether of the same or a different type of breach or violation. Sec. 28. Effective Date This franchise shall be effective on January 1, 2009, if Company has filed its acceptance as provided by the Section 5 titled "Acceptance of Terms of Franchise" herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2008. day of The second reading and public hearing being conducted on the day of 2008. 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 SPEAKER CARD Date: ~ ~- ~ ~~~ ` ~ I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: ^ Support ^ Opposition Agenda Item Number: ~~ OrdinancetResolution Number: (~~'~ C~' ~ - ~ w~~ ~- Name: ~~ ~ ~ ~ G~i ~ ~~} i r1 i ~. ~F Address: ~ ~~~ ~--C% ~.' ~,~ ~ ~ ~ ~} b ~ City: ~~ ~ ~,~,~G~~~{~h State: _....~._k Zip Code: 1~ ~ ~? Telephone Number: `~, l~ -° ~:3Cr, - ~ g ~ ~' Representing: ~~~'°1~. ~~ ~' ~"-+<.~ organizationlself i understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meeting Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. SPEAKER CARD Date: /~~z~.~ ,--- I will speak In Support of this item. u I will speak in Opposition to this item. I do not wish to speak, but please record my: ^ Support ^ Opposition Agenda Item Number: OrdinancelResolution Number: Name: 1`~l:u // ~ /~'C ~9Ga v Address: ~a~ v' ~`r'2~~.~ o s ~- C ity: ~ 11 ~~~~ State: ~ Zip Code: ~64 3 Telephone Number: ~/7-Y's~f~-- v1 ~0 Representing: organization/self i understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meeting Law, Chapter 559 of the Texas Local Government Code. Signed: This information is a Public Record. (cax~c ~~ ~ ~ ~ ~ ~~ ~~ rs f SPEAKC~tvCARD __---- Date: f2/ ,~~i7 1 will speak In Support of this item. ~ I will speak in Opposition to this item. I do not wish to speak, but please record my: ^ Support o Opposition Agenda Item Number: Ordinance/Resolution Number: Name: ~rr~ cS ~ ~ 7'~ ~ ~6 Address: ~jY~ ~~~ro,5~ City: ~/~c~ ~,/1.c State: /%~ Zip Code: '~ ~ a 3 5` Telephone Number: ~/ 7- ~~~ 0~ 2'b Representing: organization/self l understand l am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meeting Law, Chapter 551 of the Texas Local Government Code. Signed: ,_,,~ ,_ , _ ,, This information is a Public Record. RQ ~ uP5 ~ 1r ~-a ,j~~~PAN(L S EA R CARD ~P~S~v 7~~( Date: ~ ~1 z ~~y I will speak In Support of this item. I will speak In Opposition to this item. I da not wish to speak, but please record my: ^ Support ^ Opposition Agenda Item Number: ~ Ordinance/Resolution Number: ~-(~~~, - 1 7 U Z Name: J-t-~ /P (-~ i2 i. ~' != Address: ~ ~~ ~ (~UH~ Pit OS~ ~f City: F v State: Zip Code: `7~0~ t~ Telephone Number:(b j ~ - Z 5 (' ~~~?j Representing: ,S t° org zna ii ationlself t understand I am limited to speaking for eve minutes. For business not listed on the agenda as a Public Hearing, City Council wilt not respond in accordance with the Texas Open Meeting Lays, Chapter 559 of the Texas Local Government Code. Signed: information is a Public Record. SPEAKER CARD Date: 1 Z/Z~~~ I will speak in Support of this item. I will speak in Opposition to this item. I do not wish to speak, but please record my: a Support ^ Opposition Agenda item Number: Ordinance/Resolution Number: d~(,~ ~ 1~U2-- Name: Address: ~~~8 ~~C~Pnvss} ~- City: C~~r(-ti v~ j~f~ State: ~~ Zip Code; `~~~~ Telephone Number:~~l "ZS/ +7 3 (~ Representing: ~ / organization/self I understand / am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance wit the Texas Open Meeting Law, Chapter 551 of the Texas Lacal Government Code. Signed: This information is a Public Record. SPEAKER CARD Date: 12 - 2 - o ~ I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Number: 6~ Ordinance/Resolution Number: Name: T R~4c' ~' SG / G-fi'~ Address: ~ oo ~ ~ d~D Eh'©5F~ S T City: C oGG ~' y ~/~ L ~ State: T ~ Zip code: 7 6 ~ 3 y Telephone Number: ~~ ~ y~g 383fl Representing: 5~~~ organization/self I understand that I am limited to Pve minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: ._..-y n ~ This information is a Public Record. SPEAKER CARD Date: ! ~ ~ _v 1 wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Number: (r~ ~ Ordinance/Resolution Number: (~ -= d~ -~ 7 (> ~. Name: `'--~ ~-~Y~ t ~ _ (.C>h ~Uh Address: (n 1 f ; ~ ~~ V~ CL'PrU S ~. ~-~ City: ~ ~ 1 ~ l ~'~_ State: ~ ~ Zip code: ~~ (0~3 y Telephone Number: ~) ? - ~~ r ~~~ T Representing: ~.p ~~ organizationlself I understand that / am limited to gve minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: ~~ ~ i'his information is a Public Record. SPEAKER CARD Date: /-Z~-2.%G~ ~' { wish to address the City Council on the following item: (complete a separate card for each item) // Agenda item Number: t_o ~ OrdinanceiResolution Number: L~~ -- ~-% ~~ ~ t ~ U,;Z Name: --J ~C. ~ ~-~ ti' ~c~ of Address: G t vc-~ l~yv.:~ t~.~-1` C~ S ~I City: ~~~ ~ c ~ ~ yr ~ c. ~. State: ( ~ Zip code: ~ ~ ~ 3 `~ , ~~~ organization/self Telephone Number: ~/7-~Z r -Z ~j ~ Representing: i understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: This information is a Public Record. SPEAKER CARD Date .~< .~ ~` =' 1 will speak In Support of this item. 1 will speak In Opposition to this item. . ,r__. I do not wish to speak, but please record my; ~~rt ^ Opposition ~. Agenda Item Number: ~ ~ ~ Ordinance/Resolution Number: ~ ~~~ /% ~ f~ _-- Name: ~Z-,~c,~~ ~. ~o~Z,~ Address: C`~- t f ~~ ~ '~.y~-vT ~c, -T, . City: ~ ~ f State: ~~ Zip Code: ~~ ~~„~~~ Telephone Number:~:?i ~ ,~~~ ~~ °~'~_ Representing: l n~~~itiz,f I ~bS organization/self t understand l am limited to speaking for five minutes. Far business not listed on the agenda as a Public HearJng, City Council will not respond in accordance wJth the Texas Open Meeting Law, Chapter 551 of the Texas Local Government Code. Signed: °~~. ~, } ~,.- ~. This information !s a Public Record. SPEAKER CARD Date: 1 wish to address the City Council an the following item: (complete a separate card for each item) ,. ~~_ 1, ~^1 ` i ,r Agenda item Number: ~'~' OrdinancelResolution Number: ~ ~ I ~~ Name: t.;~ <~~rc~.t.~7L-- ,'~,~~ ~~. Address: (L / W ~~ /~.,1. % z-jam nS~ /~ j ~ _ ` City: l:_..- ~p State: ~ ~ Zip code: ~~ Telephone Number: ~/ ~" ~~~5 ~~Representing: ~~~.~ ~ ganization/self I understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments ar questions. Signed: Thfs information is a Public Record. SPEAKER CARD Date: _ ~ Z/z~~~ I will speak In Support of this item. I will speak In Opposition to this item. I do not wish to speak, but please record my: o Support Opposition Agenda Item Number: OrdinanceJResolution Number:~- 0~3 - ~ ~U Z. Name: ~ ~(, 5 ~- ~ S Address: ~r City: !~ State: Zip Code: ~(a~,~,~^ Telephone Number~l~-~~%^ 735 Representing: SPI~ organization/self I understand / am limited to speaking for five minutes. For business of listed on the agenda as a Public Hearing, City Council will not respond in accordance witl~he Texas Open Meeting I~w, Chapte~551 of the Texas Local Government Code. Signed: This information is a Public Record. INFORMATION RECEIVED AFTER PACKETS PRINTED: Received on: Monday, November 24, 2008 AGENDA ITEM #6a CASE Z-08-023 TO: CITY COUNCIL MEMBER/ PLANNING AND ZONING COMMISSION REF: ZONING CASE NUMBER Z-08-023 MY NAME IS ~~ i ~ YV. I A~M/THE OWNER OF THE PROPERTY AT ~is C~ (~ 1(~t~E ~.205/~ J~ I AM AGAINST THIS ZONING CHANGE REQUEST. signature RECEIV~(~ der ~r........ TO: CITY COUNCIL MEMBER/ PLANNING AND ZONING COMMISSION REF: ZONING CASE NUMBER Z-08-023 MY NAME IS ~PcN ~ ~`~ S~~~AM THE OWNER OF THE PROPERTY AT )1-I~ ~ `~ I`~ ~'2~ ~4-C ~. I AM AGAINST THIS ZONING CHANGE REQUEST. signature ~ECEiv~® Per ~~a~.~~k=~~... TO: CITY COUNCIL MEMBER/ PLANNING AND ZONING COMMISSION REF: ZONING CASE NUMBER MY NAME IS I AM THE OWNER OF THE ., I AM AGAINST EST. ~~~' ~~~.«vss_~_m~ PROPERTY AT LDU I ~ 7 U TO: CITY COUNCIL MEMBER/ PLANNING AND ZONING COMMISSION REF: ZONING CASE NUMBER Z-08-023 MY NAME IS It'l ~ / a ~S ha- ` I . I AM THE OWNER OF THE PROPERTY AT S~ ~ 01 p0 X01 ~o Sv S 't I AM AGAINST THIS ZONING CHANGE REQUEST. '--~ ~Q,~-R. signature ~'~r .rt.~.......~.z, TO: CITY COUNCIL MEMBER/ PLANNING AND ZONING COMMISSION REF: ZONING CASE NUMBER Z-08-023 MY NAME IS ~ AM THE OWNER OF THE PROPERTY l„ ~ ~~~~~2~4~-LA~AGAINST ZONING CHANGE REQUEST. ~EC:~GV'~i~ ~8~' r, ,.......n.....,, TO: CITY COUNCIL MEMBER/ PLANNING AND ZONING COMMISSION REF: ZONING CASE NUMBER Z-08-023 MY NAME IS / ,~~ C~ AM THE OWNER OF THE PROPERTY AT ~d / ?~ ~'p~ ¢~~ dcs Stc I AM AGAINST THIS ZONING CHANGE REQUEST. ~ 2(~ signature ~~~~~~ TO: CITY COUNCIL MEMBER/ PLANNING AND ZONING COMMISSION REF: ZONING CASE NUMBER Z-08-023 ~,~/f LLl ~h'1, _ MY NAME IS C'..f~d ~- /V ~~ I AM THE OWNER OF THE PROPERTY AT (o I o ~ ~a ' `~ '~ ~ ~~ AM AGAINST THIS ZONING CHANGE REQUEST. C~~~ signature Mr~~ .». ,, .. .,. TO: CITY. COUNCIL MEMBER/ PLANNING AND ZONING COMMISSION REF: ZONING CASE NUMBER Z-08-023 MY NAME IS ~j~G ~ SL/G,q,,~, I AM THE OWNER OF THE PROPERTY AT ~ D 0 ~/ ~°O~D~.~os% I AM AGAINST THIS ZONING CHANGE REQUEST. Y s' re ~ECEtVE[~ ~gl' ~~ao.s.. ~ . TO: CITY COUNCIL MEMBER/ PLANNING AND ZONING COMMISSION REF: ZONING CASE NUMBER Z-08-023 MY NAME IS ~ ~~1P ~~ ~~-^ _. I AM THE OWNER OF THE PROPERTY AT ~ ~ bV ``o V~ ~1' I AM AGAINST THIS ZONING CHANGE REQUEST. ~. ~~ signature ~~G;~wv~:~` der ., ..._ TO: CITY COUNCIL MEMBER/ PLANNING AND ZONING COMMISSION REF: ZONING CASE NUMBER Z-08-023 MY NAME IS NAG`S ~ C-~R.G.,~ . I AM THE OWNER OF THE PROPERTY AT ~(,q~ ~~R~ ~J,< < i AM AGAINST THIS ZONING CHANCE REQUEST. s~ ~EC~IV~~. e'er .,....~,....~. ., ~~z^~ City Hall ~ ~! ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~° Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1702 File Number: 0-08-1702 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 12/02/2008 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from CN-Neighborhood Commercial to CC1-Village Retail on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-08-023 Attachments: Applicant's Request to Appeal to City Council Location and Zoning Map Notification List Applicant's Request Comparision of Uses Letters of Opposition Site Plan Ordinance 0-08-1702 History of Legislative File Version: Date: Acting Body: Action Text: 11/10/2008 Planning and Zoning Commission 12/02/2008 City Council Title Approval of a request for a zoning change from CN-Neighborhood Commercial to CC1-Village Retail on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-08-023 Explanation First Reading and Public Hearing Applicants Kim Martin and Shannon Bravomalo submitted a request to rezone 1.9 acres located at 6100 Colleyville Boulevard. The applicants are requesting to rezone the property from CN-Neighborhood Commercial to CC1-Village Retail to allow for more uses than are currently allowed in the existing zoning in order to fill lease spaces of the existing retail shell building. The attached table provides a comparison between the CN and CC1 zoning district permitted uses. Existing Conditions. The subject property consists of Lot 1, Block 1, of the Metrovest Addition, located at the southern intersection of Hardage Lane and Colleyville Boulevard. The property has been developed as part of a 2-lot office and retail shopping center, containing a total of 34,782 square feet. The subject portion consists of 18,464 square feet of leasable space. Two tenants have recently moved into this portion of the center, which is City of Colleyville Page 1 Printed on 11/21/2008 Agenda Briefing Continued (0-08-1702) zoned CN. The second and adjacent lot, located directly to the south, 6000 Colleyville Boulevard, is currently zoned CC1. Lot Size. The lot meets the minimum requirements of the CC1 zoning district. The Land Development Code requires CC1 lots to be at least 150 feet wide, 120 feet deep, and contain a minimum 15,000 square feet of property. The subject lot is 275 feet in width, 254 feet in depth, and contains approximately 83,000 square feet of lard. Master Plan. The Colleyville Master Plan designates the future use of this area for retail type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The property to the north is zoned PUDC-Planned Unit Development Commercial and is developed for office uses; the property to the south is zoned CC1-Village Retail and is developed for retail, office and restaurant uses; the properties to the west are zoned R15-Single Family Residential with existing single family homes; and the properties to the east are zoned CC2-Shopping Center and are developed with office uses. Public Notification. Staff mailed notices to 19 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received 10 letters in opposition to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended denial of the request at the November 10, 2008 meeting by a vote of 7-0. Supermajority Vote Requirement. Since the Planning and Zoning Commission voted to recommend denial of the request, the request can only be approved by a supermajority vote by the City Council. This request must receive at least six (6) affirmative votes, of those present, in order to be approved. Summary. Staff has analyzed all commercially zoned property along Colleyville Boulevard. Of the approximately 347 nonresidential acres adjacent to Colleyville Boulevard, 79% are zoned as CC1 (Village Retail), CC2 (Shopping Center), or CC3 (Highway Commercial). Another 11.5% of the subject acres are zoned as either PUDC (Planned Unit Development Commercial), the commercial portion(s) of PUDR (Planned United Development Residential), or CPO (Professional Office Commercial). ML (Light Industrial) zoning accounts for another 8%. Only 1.5% of the commercially zoned property along Colleyville Boulevard is zoned as CN (Neighborhood Commercial). The requested zoning is compliant with the Master Plan. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 11/21/2008 Applicant's Request to Appeal to City Council K~1VI MARTIN C__ C7 M P A I*1 Y t'(3M'~TERC[AL JZEAt. i°ST ~TT.•. November 12, 2008 Mr. Ron Ruthven, AICP Interim Community Development Director City of Colleyville 100 Main St. Colleyville, Texas 76034 RE: Zoning Case: Date: Address: Dear Mr. Ruthven: 7-08-023 November 10, 2008 6100 Colleyville Blvd. The purpose of this letter is to appeal the decision that was made at the Planning and Zoning Commission for the above referenced property on November 10, 2008 to the City Council. Please let us know when the City Council will hear our case. We appreciate your time and look forward to resolving this zoning issue that will be beneficial for the city and all parties involved. Please let me know if you have any questions or need additional information. Sincerely, Kim Martin President 3228 Collinsworth St., 76107 P.O. Box z2ltt Fna~t 4Vd~ih, Texas.761t3-32]S i'hona fi7.33fi..fi?iC? f~a..: fi]T.336.7893 t ws.•.kimnuxrtinco.com ~~CEIVED Per ~tv~vt,ss, yr+s~• Location and Zoning Map - ,_ r~3~; i 1 °.1 r~ 610':.a 6200 I 131` ,% 6112 r ~~ 202; 6200 b~'~ 6108 ," -~ 1~ii, Q~ 6)04 ~.,,,,~, f. l4U`~ 6100 ~,~ P~0 ~~ r" ~~" PUDG R15 r~ rZ x,%~ r i i ~:~ 6•U12 ~~~~'t '~-'0~' ~_~_~ _~~~ ~'~'~`~' l 6008 ~ 60(14 F;1 fin / i 6004 ~,~~OD ~ CN ~0 v '7 6000 ~ F~iU7 'CC~ ~~ v Jv , 6912 i;- r. Sa1n ' E~Jl~1 :3 AG 1324 ~ :1328=.:.:~ u Notification List OWNER_NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS_ADDR Gossett, Lelton Etux Becky S 1400 Hardage Ln Colleyville TX 76034 001400 Hardage Ln Neff, William A Etux Carol S 6104 Ponderosa St Colleyville TX 76034 006104 Ponderosa St Colleyville Commerical Prop 1468 Sandhill Ct Roanoke TX 76262 006114 Colleyville Blvd Condon, Jack L & Mary D 6100 Ponderosa St Colleyville TX 76034 006100 Ponderosa St Pullen, Christopher Etal 6013 Ponderosa St Colleyville TX 76034 006013 Ponderosa Ln Moore, Bobby Family Ltd Prtn 6113 Colleyville Blvd Colleyville TX 76034 006113 Colleyville Blvd Colleyville Commerical Prop 1468 Sandhill Ct Roanoke TX 76262 006114 Colleyville Blvd Hedgcoth, Emest Etux Phyllis 6012 Ponderosa St Colleyville TX 76034 006012 Ponderosa St Sims, Jimmy D Etux Janis D 6009 Ponderosa St Colleyville TX 76034 006009 Ponderosa Ln Pulmonary Pob Ltd 4504 Boat Club Rd Ste 800 Fort Worth TX 76135 006100 Colleyville Blvd Griffith, Steve G Etux Chantal 6008 Ponderosa St Colleyville TX 76034 006008 Ponderosa St Sligar, Tracy Etux Alice 6004 Ponderosa St Colleyville TX 76034 006004 Ponderosa St Corley, J T Jr 204 Kings Creek Dr Terrell TX 75161 006007 Colleyville Blvd Gorgi, Nagy Etux Ewa 6000 Ponderosa St Colleyville TX 76034 006000 Ponderosa St Pulmonary Pob Ltd 4504 Boat Club Rd Ste 800 Fort Worth TX 76135 006000 Colleyville Blvd Parshall, Misty H 5912 Ponderosa St Colleyville TX 76034 005912 Ponderosa St Blue Bonnet Hills PO Box 11250 New Orleans LA 70181 006001 Colleyville Blvd Bluebonnet Hills Cemetery PO Box 11250 New Orleans LA 70181 005713 Colleyville Blvd Pro Co Paint And Body Inc PO Box 206 Colleyville TX 76034 005900 Colleyville Blvd Kim Martin, applicant PO Box 3218 Fort Worth TX 76113 applicant Public hearing notices were mailed on Thursday, Oct. 30, 2008 by Amy Shelley. Signature Applicant's Request ~ ~ ,, KIM 1`~I:AR'~1 C' C~ :vi I' A ~ Y COMMERCI,4L REAL Ei4°rATE October 23, 2008 Ron Ruthven, AICP, Interim Community Development Director City of Colleyville Community Development Department 100 Main Street Colleyville, TX 76034 RE: ZONING CHANGE 6100 COLLEYVILLE BLVD. COLLEYVILLE, TEXAS Dear Mr. Ruthven: The purpose of this letter is to request a zoning change for above referenced property. The current zoning is "CN" and I am requesting the zoning to be changed to "CCl". This change will give me more options of Tenants that I can bring to the shopping center and be more comparable with the other shopping centers in the area. Your approval of this change will be greatly appreciated and if you have any questions, please do not hesitate to call or email me at msecrest~a~.kimmartinco.com. Sincerely, Y~ ~~ Shannon Bravomalo 3:;~?C:nliinsworth St., 16107 P.O. Box 32.1 ti For! Worth, l`exas 7(31:--.",2lat Phone 817.336.1880 Fax: A77.336.1693 ww~r.l-. ~I m marti uco.com Comparison of Uses Allowed in CN (Neighborhood Commercial) Versus CC1 (Village Retail) Zoning Districts CN Zoning District Permitted Uses CC1 Zoning District Permitted Uses Accou is Offices Advertising Agencies Attorney Offices Financial Institutions Barber/Beauty Shops and Day Spas Community CenterslRecreation Centers Engineer/ ArchitectlSurveyor Office Fire/Police Stations Florist Shops General Business Offices not elsewhere Golf Courses -Privately Owned Golf Courses -Public Owned Government Buildings Government Maintenance Facilities Hardware wlo outside display Insurance Agencies Interior Decoration Stores Jewelry Stores Libraries Mailing and Shipping Stores ManagementlPublic Relations Services Offices Museums Parks and Open Space Areas Photography Studios Post Office Psychologist Offices Public Schools Real Estate Agency Offices Religious Institutions Security Broker Offices Shoe Repair Shops Tailor and Alteration Shops Title Abstract Offices Travel Agency I Airline Ticket Offices ALL USES IN CN ZONING DISTRICT Auto Parts and Accessory Stores Antique Stores Apparel and Accessory Stores Arts and Crafts and Hobby Shops Bakery Stores Bicycle Shops BooklStationary/Greeting Card Shops Camera or Music Stores Chiropractic Clinics Civic/SociallFraternal Organizations Copy Centers/Print Shops Dance StudioslMartial Arts Studios Department Stores Dry Cleaner Pick-up Stations Dry Cleaners (wlon-site laundry) Fitness Centers Furniture and Appliance Stores Golf Driving Ranges Grocery Stores Meat or Fish Market Miniature Golf Courses Optometrist Office Pet Stores Pharmacy Physician's or Dentist's Offices Restaurants, Cafes and Cafeterias Telemarketing Offices Theaters I Video Rental and Sales Stores Letters of Opposition TC.): C'I'I~Y COt3NCII., Iv11:Mf3ER1 I~1_,.~NNINCr AND CONING C;()M'~~IISSION RTI': ZONIN(.i CA4E NC1~IF3ER L-08-023 \%IY Nt'~M1: I5 ~.1AG-`{ _..._~ ~`'•~', ~-~` . I ~M `I'HF (aWNFR ()F 'I`EEE PROPER"I`Y AT C~~.~.=«R.~eC~t~ ~ .C..~ _____..... . 1 AI~'I AGAINST "T`IIIS Z(JNINCi C"ILr1NCTE REQtTEST. 5t TO: CITY GC)UNC',IL MIaMBEI2.l PI.INNINCi ANU G(~NIi~G COMMISSIC):~,` RIF: 70NIN(i CASE NUMBED 7..,-QS-023 MY NAM1 IS ~ 2 ~ - ....~~-~'` 1 AM Ti-1E C)WNER C7E~ T[-IE i'K()pER~I'Y ~1T ~ ~"~ ~ ~ f ~ ____.. I AM AGAINST 'THIS ZQI~TII~T( CI-IAN~E .IZEQUEST~ ...... _..___~G~:. .._.._ signature TO: C~TTZ' C`OLINCIT., MT~TBETZ! PI..r~NNINCi AND Z()N"[NCi C",OMVIISSC)N RTF: 70NING C'.ASE NUIYIE3F.;R Z-08-()23 JvTY NAM1~ IS /i~~ ~~/~'~'~. 1 AM'C'1-1E OWNER OF TT-IE I'KOPER'I'Y A`I' ~ O t? C/ ~Cfj.~~D~'~'~-'~ T A~~1 AGAINST `I`T-IIS %ONINCJ (:T-TANCG REQLJTST. ,~. s~ re .. "1'C): CiTY C'C)LTNCII, MEMI3I~Iti PI.,ANIvING ANI77.,{)T~INC3 CC)VfI~IIS`aIC)N RFC-F: Z(:)N]NCJ C'ASL Nt:TN~1BEIt Z-Of3-1123 ~,/f~.,~~~~ x j MY NAMI/ IS ~'-~_~ L !'V _...f / 1 AM "I'H:[~ (7~~TFR {)I~ TFIE I'R(7I'ERTY' A"C' to / ~ ~_. _ _ ! U N.+~ ~Z i~O--f.i i AM .~.C.AiNS'I~ T'IICS IONiNG C'IIr1NGI I2.£Qt?ES"I~. C~~~. ~-- signaU~re T(.): CITY. CC)I3NCiL MrMBEI'v` I'I.,ANN[NCi AND7...ONINCJ CC)M~'[.I.SS:1()N FtEslw: L(:?NINC~ {;ASB Nt1i~1}3~R L-Q$-023 1Y NAMI IS _ / ~S~ Ges%~~ AIvI I'I~II~. C~VFTNER {>F ~I'Hf~, I'ROPI:R~T`Y .'1`7' _~,Q f 2' _~'Q__~~.~~~:..5..~'t.-_.-. l: AM AGAI'~ST .I`HIS ZC)NIN(i CI-{ANGE RF;QI.1EST. ~~ ~ ~~„~,t~_..._. `I't:): C;I"CY C(~)(JNCII, MI;MBFIt/ PL~~NNI;~FCi AND ZONING C'C):I~IMT~SIC)N kI'F: lt)NING c~~I'~ Nt.TNI~iI~:[Z. 7-aH-az3 ~° ~ /'} ~ ;DIY Nr~ME IS ~ ~ .', ;~' ,. PAM TIII (>~'NI~R ()F I I°iI ,•- - ,~ ~~` I'RC)PLIt"I~Y . _ !~.~ ,~~f~ , ~'.~ ~.,~~~~r~`~~'f1GAINST TI-IIS !(~)NINCa C'I-I:aNCYI RIQI)IrS`I'. TO: C."I1'Y C'OUNC:II.:, .;V1IMI3FRt PLANNINCr AND ZC)NINC'i C;t)NtivIISSIC7N RF,I: 7.ONINCi CASI/ NU?~%Ilrilr;R 7.-OS-023 M~' NAME [S ~C'~~~~.s h~ ~ ~ I Azvl `I`HE U~Ar'NErZ or I'HF PR(~I'I~:RTY AT `~~~ hc~G/"v Sa S ~ I r`11~1 AC:AINST 'I'I-IIS IC)NI?~Itr C'I-1ANtiE REQUE~'I'. signature TO: C'I"1'Y C'C)L;tNCII., MEIwiE1<RI PI1f1NNINC:T AND ZC)NiNC.~ C(7NIMiSSIC)N RF?,F: LC?NINCi C"ASl~ NUI~~I3IR 7..-{)8-Q2 ~~,~`_`' I~SY NAME i~ ~..~' I L..,~~~ T Avi Ti iE: C)~~NER ()Ii `I'F-IE i'RC)PER'IAY AT I_.~."~~Y~~~,._... ~_....~,.., T AM AGAINST 'I'N k ZONINCi~ G -IANGFs ~ ~ :f:QtJEST. t n .. T(): CI~1'Y C'OL)NC'II: ME'~rIE3;CRf PI.ANNINCi ANU CONING CC)MNIISSIC)N R1:sl~: LC)NING EASE NliMI3ER 7,-08-023 MY NAME IS ~ "~- ,,~ ~ ~;~`:`~i .~1lvi I'I-:IE C>WNIR (7I~ THE n. -.. I'R.C)PER`I'Y A'I` ~ ~. ~--, ~-' _~.~ i,-,~ ~~ ~~ ~ ~~.__._ I AM ACGAINS'T TC?: CITY CY7t1NC'IL MENIBER.J PL~INNIIvG ~1ND ZC>NING C;()M;~IISSIC)N R.ET::7...ONINC.i C"ASC? NI.1M131?R 7.-08-1)23 h1Y NAME IS ~`-~-_ ~'' ~:~,~ t ~. I AM THI; C?W`NER OF ,I`IIE PRQPF;RTY ,~T f„~.~ ~ ~ <.°~ F I ~M AGAINST 'CRIB ZONING CNANGI; RIQt1}S'I. ., Site Plan ORDINANCE 0-08-1702 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 1.9 ACRES ON LOT 1, BLOCK 1, METROVEST ADDITION, FROM THE CN-NEIGHBORHOOD 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-08-023; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-1702 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 1.9 acres on Lot 1, Block 1, Metrovest Addition from the CN-Neighborhood Commercial zoning district to the CC1-Village Retail zoning district, as depicted in Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-08-1702 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map 1316 6109 6200 315 ', ~~ 112 _.. ~ _ .6105 ~~ ~~~ 610& '202 '. 100 ~ 4° 6104 ~, ,,~,t ?q~lc, r;1~0 R~0 /' ''~ ~ ~ PUDc r~' 1 ~~ R16 ~,~ 1 ~~ Site ~Y~~fa r; ~ 1 i) 'J 2 Q f, v,~ t a i ~„~ rpf19 ; ~ ~'~~'~~,~" 6?Oe~ 6200 b 1:! t` r 1 1 ,_ ~ / F~)08 i ~4z1 6100 % __e~._ ~ ~ E;OG~ CN ~o 6(ii r~ ~~0~"~ ~ ~J07 CC2 v 5012 ~~. AG -~-~ °"`~~ 132 =k~ I Y, r SPEAKER CARD Date: ! ~ / ~ / ®$ -T---r I will speak In Support of this item. I will speak In Opposition to this item. I do not wish t/o~speak, but please record my: ^ Support ^ Opposition Agenda Item Number: /"r Ordinance/Resolution Number: Name: /vbC~W}~S ~. P~lfI.LWC~q.Y~ Address: 3400 56~~~2.WOO~1 City: C~ ~- ~Vi LG~ ~ State: ~~ Zip Code:.7~b 37` Telephone Number: ~t7' Z~J~ °7'~ZU Representing: ~~~ organization/self 1 understand 1 am limited to speaking for five minutes. For busi ss not listed on the agenda as a Public Hearing, City Council will not respond in accords a wi h the Texas Op Meeting Law, Chapt 5 1 of the Texas Local Government Code. Signe f _~~ ~ ~~~ This information is a Public Record. December 2, 2008 Justin Bass City of Colleyville Dear Justin, Please allow this letter to serve as official notification of opposition to the request for a Special Use Permit for a private horse stable for domestic use on lot 12, Block 1 of Brighton Oaks Subdivision located at 2912 Sherwood Lane. The rationale for such opposition is as follows: 1) The current R20 single-family zoning does not allow the boarding of horses and construction of private stables. Both parties are responsible to understand that fact prior to purchasing. 2) Since we are well within 200 feet of the proposed request and spend a great deal of time by our pooUtennis court, we are not interested in consuming the odor and encountering the flies that go along with horse ownership. 3) After conducting research, we are concerned about the resale value of our home, should this request be approved. 4) Since our lots are part of the floodway and our barn already floods in heavy rains, we are concerned that any construction of stable or fencing could affect the water flow that could increase the flooding of our barn. 5) Our property alone represents almost 20% of the land mass around such request. We understand Mr. Panno's point of view and interest in applying for this permit, but I hope you will respect the above facts in your consideration. Thank you. Si erely, t WlGt.s Thomas J. and Cynthia J. Millweard n ..y ~ f ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1703 File Number: 0-08-1703 File Type: Ordinance Status: First Reading Version: 1 Requester: Community Development Department Agenda Date: 12/02/2008 Agenda No.: 6b Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit (SUP) for a private horse stable for domestic use on Lot 12, Block 1 of the Brighton Oaks Addition located at 2912 Sherwood Lane, Case Z-08-022 Attachments: Location and Zoning Map Notification List Applicant's Request Exhibit Ordinance 0-08-1703 History of Legislative File Version: Date: Acting Body: Action Text: 1 11/10/2008 Planning and Zoning Commission 1 12/02/2008 City Council Title Approval of a request for a Special Use Permit (SUP) for a private horse stable for domestic use on Lot 12, Block 1 of the Brighton Oaks Addition located at 2912 Sherwood Lane, Case Z-08-022 Explanation First Reading and Public Hearing Mr. Gary Panno applied for an SUP to allow two horses on Lot 12, Block 1, of the Brighton Oaks Addition, which is located in an R20-Single Family Residential zoning district. This is a 1.9 acre parcel of property located at 2912 Sherwood Lane. The applicant submitted a letter addressing the request. Horses and private stables are permitted on lots zoned RE-Single Family Estate Residential or AG-Agricultural. However, the boarding of horses and the construction of private stables on R20-Single Family Residential zoned lots requires approval of an SUP. The Land Development Code requires that each grazing animal must be provided a minimum of 15,000 square feet of land for use as pens, stables and grazing. As Mr. Panno has requested to allow two horses on this property, he will be required to provide a minimum of 30,000 square feet for the animals. Mr. Panno is requesting approval to construct a horse stable. Construction of the stable will be required to meet the accessory building regulations of Section 3.27 of the Land Development Code. City of Colleyville Page 1 Printed on 11/24/2008 Apenda Briefing Continued (0-08-1703) Waivers. The applicant wishes to have the SUP revocation provision extended to two (2) years, instead of the current Land Development Code requirement of one year, to allow extra time for construction of a horse stable in addition to allowing time for a prospective buyer to contract and design a home for the lot. Additionally, upon construction of the new home, the applicant requests that the SUP remain on the property indefinitely. Section 3.24.C of the Land Development Code states the following regarding SUP revocation/termination: 5. Revocation Upon Failure to Develop - A special use permit approved by the Council shall become null and void one year from the date of approval by the City Council unless a building permit or certificate of occupancy, whichever is applicable, has been obtained on the property within said one year period. The City Council may in its adopting ordinance, shorten or lengthen the time in which a building permit or certificate of occupancy must be issued in order to preserve the special use permit. Any Special Use Permit in existence upon the passage of this ordinance shall become null and void one year after the passage of this ordinance, unless a building permit or certificate of occupancy, whichever is applicable, has been issued within said year. Exception: The ordinance authorizing a Special Use Permit may provide for an alternate expiration period. 6. Termination and Abandonment of Use - In the event the building, premises or land uses authorized by a Special Use Permit are terminated or abandoned for a period of six (6) months or longer, the use of the same shall thereafter conform to the regulations applicable to the zoning district, unless a new and separate Special Use Permit is approved for continuation of the use. Adjacent Zoning and Development. The surrounding properties are zoned R20-Single Family Residential and developed as single family residences. Fencing and Screening. An approximately 4'/z-5 foot high masonry column, wrought-iron perimeter fence currently exists along the front property line. The property is completely fenced along its sides and rear as well. Appropriate fencing for the grazing area will be required once the horses are moved to the property. Public Notification. Staff mailed notices to 12 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has not received any letters in response to this request. Planning and Zoning Commission. The Planning and Zoning Commission recommended approval of the request at the November 3, 2008 meeting by a vote of 6-1 subject to the following conditions: A horse stable, built in compliance with the accessory building regulations of Section 3.27 of the Land Development Code, shall be constructed prior to the boarding of horses on the property • Horses shall not be boarded on the property until a building permit for a primary residence has been issued. City of Colleyville Page 2 Printed on 11/24/2008 Agenda Briefing Continued (0-08-1703) • Within two (2) years from the date of legislative approval of this Special Use Permit (SUP), a building permit for a primary residence shall be approved for the property or this SUP shall expire. • A minimum of 46,000 square feet of grazing area shall be provided for the two (2) horses. • This SUP shall expire after the second change in ownership from the current owner, First State Bank of Gainesville. These conditions have not been added to the draft ordinance. Summary. Other than the waiver request listed above, the request meets the minimum requirements of the Land Development Code. Financial Impact It has been determined that there is no financial impact. Recommendation Approval subject to the following conditions: 1. The Special Use Permit (SUP) hereby allows no more than two (2) horses to be boarded on the subject property. 2. A horse stable, built in compliance with the accessory building regulations of Section 3.27 of the Land Development Code, shall be constructed prior to the boarding of horses on the property. 3. Within two (2) years from the date of legislative approval of this Special Use Permit, a building permit for either a horse stable, or a primary residence shall be approved for the property or this SUP shall expire. 4. This SUP shall be exempt from the provisions of Section 3.24(C)6 -Termination and Abandonment of Use of the Land Development Code. City of Colleyville Page 3 Printed on 11/24/2008 ORDINANCE 0-08-1703 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW TWO HORSES ON LOT 12, BLOCK 1, BRIGHTON OAKS ADDITION, LOCATED AT 2912 SHERWOOD LANE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. Z-08-022; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-08-1703 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit to allow horses on the premises of Lot 12, Block 1, Brighton Oaks Addition, as depicted on the Location and Zoning Map, attached as Exhibit "A", and the Plat Exhibit, attached as Exhibit "B". Sec. 3. THAT the above described tract of land shown on Exhibit "A" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4 THAT the above described tract of land shall be subject to the following conditions: 1. This Special Use Permit (SUP) hereby allows no more than two (2) horses to be boarded on the subject property. 2. A horse stable, built in compliance with the accessory building regulations of Section 3.27 of the Land Development Code, shall be constructed prior to the boarding of horses on the property. 3. Within two (2) years from the date of legislative approval of this Special Use Permit, a building permit for either a horse stable, or a primary residence shall be approved for the property or this SUP shall expire. 4. This SUP shall be exempt from the provisions of Section 3.24(C)6 - Termination and Abandonment of Use of the Land Development Code. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-08-1703 Page 3 of 3 Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" -Location and Zoning Map ~~~~ :uo~~ a~a~;~ R~0 a~o:= R ~'0 3r=ii ii i 300 Sherwood Lane R20 ,,~~ ~~ ~ ~,~i=ill `2~ 1.'. ~~ ~uu :~1U4 45~:ir_; 30p9 ~~ l lJ EXHIBIT "B" -Plat Exhibit .. ~'~°~. City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 vvww.col leyvil le. com File Number: 0-08-1704 File Number: 0-08-1704 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 12/02/2008 Agenda No.: 6c Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an ordinance amending Chapter 98, Article II, regarding Landscape Irrigation Regulations, Case G-08-033 Attachments: Chapter 344 Landscape Irrigation -Texas Administrative Code Ordinance 0-08-1704 History of Legislative File Version: Date: Acting Body: Action Text: 12/02/2008 City Council Title Approval of an ordinance amending Chapter 98, Article II, regarding Landscape Irrigation Regulations, Case G-08-033 Explanation First Reading and Public Hearing To address the increasing need to conserve and protect Texas water resources, the Texas Legislature passed House Bill 1656 (HB 1656) in 2007. HB 1656 places restrictions on landscape irrigation systems for both residential and commercial properties and required the Texas Commission on Environmental Quality (TCEQ) to draft regulations for landscape irrigation systems. These regulations were completed by TCEQ in June 2008 and codified in Chapter 344 - Landscape Irrigation of the Texas Administrative Code (TAC). The regulations stipulate cities with populations over 20,000 must require an installer of an irrigation system to be licensed under the Occupations Code and obtain a permit from the city before installing an irrigation system in the city or its extraterritorial jurisdiction. The regulations also require cities to regulate the design, installation, and operation of irrigation systems. The State has given cities until January 1, 2009 to adopt the new standards by local ordinance. The draft ordinance references the following regulations: • Inspection and Licensing Requirements -all inspectors and contractors must be licensed by the State of Texas. Irrigation Plan Requirements -contains minimum elements to be shown on a plan for a proposed new irrigation system and requires the plan be drawn by a licensed irrigator. City of Colleyville Page 1 Printed on 11/21/2008 Agenda Briefing Continued (O-OS-1704) • Design and Installation Requirements -contains the minimum requirements for the actual design, layout and installation of an irrigation system. The ordinance adopts, by reference, the State regulations summarized above. Additionally, in order to foster the efficient enforcement of the current, as well as the proposed irrigation regulations, the ordinance consolidates the irrigation requirements currently listed in the City Water Conservation and Drought Contingency Plan, approved under Ordinance 0-06-1587 (which includes the current rain and freeze sensor requirements) and also adds general permitting requirements and fees. When a developer requests a building permit that includes an irrigation system, the irrigation system permit fee will be $75.00, which amends the double check backflow fee. The permit fee will account for administrative costs to ensure inspections meet state guidelines, coordination of plan review and backflow connection inspections. The City will require a plan review process to establish that the minimum requirements are met for the actual design, layout and installation of the irrigation system. A licensed irrigator will be required to install an irrigation system while inspections oversight would be performed by the City. The City may require that applicants requesting to construct new landscape irrigation systems to utilize a licensed third party inspector to satisfy the new requirements. Financial Impact It has been determined that the $75.00 permit fee will offset administration of the State mandated regulations. Recommendation Approval City of Colleyville Page 2 Printed on 11/21/2008 CHAPTER 344. LANDSCAPE IRRIGATION SUBCHAPTER A. DEFINITIONS 30 TAC §344.1 §344.1. Definitions. The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise. (1) Air gap--A complete physical separation between the free flowing discharge end of a potable water supply pipeline and an open or non- pressure receiving vessel. (2) Atmospheric Vacuum Breaker--An assembly containing an air inlet valve, a check seat, and an air inlet port. The flow of water into the body causes the air inlet valve to close the air inlet port. When the flow of water stops the air inlet valve falls and forms a check against back- siphonage. At the same time it opens the air inlet port allowing air to enter and satisfy the vacuum. Also known as an Atmospheric Vacuum Breaker Back-siphonage Prevention Assembly. (3) Backflow prevention--The mechanical prevention of reverse flow, or back siphonage, of nonpotable water from an irrigation system into the potable water source. (4) Backflow prevention assembly--Any assembly used to prevent backflow into a potable water system. The type of assembly used is based on the existing or potential degree of health hazard and backflow condition. (5) Completion of irrigation system installation--When the landscape irrigation system has been installed, all minimum standards met, all tests performed, and the irrigator is satisfied that the system is operating correctly. (6) Consulting--The act of providing advice, guidance, review or recommendations related to landscape irrigation systems. (7) Cross-connection--An actual or potential connection between a potable water source and an irrigation system that may contain contaminates or pollutants or any source of water that has been treated to a lesser degree in the treatment process. (8) Design--The act of determining the various elements of a landscape irrigation system that will include, but not limited to, elements such as collecting site specific information, defining the scope of the project, defining plant watering needs, selecting and laying out emission devices, locating system components, conducting hydraulics calculations, identifying any local regulatory requirements, or scheduling irrigation work at a site. Completion of the various components will result in an irrigation plan. (9) Design pressure--The pressure that is required for an emission device to operate properly. Design pressure is calculated by adding the operating pressure necessary at an emission device to the total of all pressure losses accumulated from an emission device to the water source. (10) Double Check Valve--An assembly that is composed of two independently acting, approved check valves, including tightly closed resilient seated shutoff valves attached at each end of the assembly and fitted with properly located resilient seated test cocks. Also known as a Double Check Valve Backflow Prevention Assembly. (11) Emission device--Any device that is contained within an irrigation system and that is used to apply water. Common emission devices in an irrigation system include, but are not limited to, spray and rotary sprinkler heads, and drip irrigation emitters. (12) Employed--Engaged or hired to provide consulting services or perform any activity relating to the sale, design, installation, maintenance, alteration, repair, or service to irrigation systems. A person is employed if that person is in an employer-employee relationship as defined by Internal Revenue Code, 26 United States Code Service, §3212(d) based on the behavioral control, financial control, and the type of relationship involved in performing employment related tasks. (13) Head-to-head spacing--The spacing of spray or rotary heads equal to the manufacturer's published radius of the head. (14) Health hazard--A cross-connection or potential cross-connection with an irrigation system that involves any substance that may, if introduced into the potable water supply, cause death or illness, spread disease, or have a high probability of causing such effects. (15) Hydraulics--The science of dynamic and static water; the mathematical computation of determining pressure losses and pressure requirements of an irrigation system. (16) Inspector--A licensed plumbing inspector, water district operator, other governmental entity, or irrigation inspector who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor. (17) Installer--A person who actually connects an irrigation system to a private or public raw or potable water supply system or any water supply, who is licensed according to Chapter 30 of this title (relating to Occupational Licenses and Registrations). (18) Irrigation inspector--A person who inspects irrigation systems and performs other enforcement duties for a municipality or water district as an employee or as a contractor and is required to be licensed under Chapter 30 of this title (relating to Occupational Licenses and Registrations). (19) Irrigation plan--A scaled drawing of a landscape irrigation system which lists required information, the scope of the project, and represents the changes made in the installation of the irrigation system. (20) Irrigation services--Selling, designing, installing, maintaining, altering, repairing, servicing, permitting, providing consulting services regarding, or connecting an irrigation system to a water supply. (21) Irrigation system--An assembly of component parts that is permanently installed for the controlled distribution and conservation of water to irrigate any type of landscape vegetation in any location, and/or to reduce dust or control erosion. This term does not include a system that is used on or by an agricultural operation as defined by Texas Agricultural Code, §251.002. (22) Irrigation technician--A person who works under the supervision of a licensed irrigator to install, maintain, alter, repair, service or supervise installation of an irrigation system, including the connection of such system in or to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Chapter 30 of this title (relating to Occupational Licenses and Registrations). (23) Irrigation zone--A subdivision of an irrigation system with a matched precipitation rate based on plant material type (such as turf, shrubs, or trees), microclimate factors (such as sun/shade ratio), topographic features (such as slope) and soil conditions (such as sand, loam, clay, or combination) or for hydrological control. (24) Irrigator--A person who sells, designs, offers consultations regarding, installs, maintains, alters, repairs, services or supervises the installation of an irrigation system, including the connection of such system to a private or public, raw or potable water supply system or any water supply, and who is required to be licensed under Chapter 30 of this title (relating to Occupational Licenses and Registrations). (25) Irrigator-in-Charge--The irrigator responsible for all irrigation work performed by an exempt business owner, including, but not limited to obtaining permits, developing design plans, supervising the work of other irrigators or irrigation technicians, and installing, selling, maintaining, altering, repairing, or servicing a landscape irrigation system. (26) Landscape irrigation--The science of applying the necessary amount of water to promote or sustain healthy growth of plant material or turf. (27) License--An occupational license that is issued by the commission under Chapter 30 of this title to an individual that authorizes the individual to engage in an activity that is covered by this chapter. (28) Mainline--A pipe within an irrigation system that delivers water from the water source to the individual zone valves. (29) Maintenance checklist--A document made available to the irrigation system's owner or owner's representative that contains information regarding the operation and maintenance of the irrigation system, including, but not limited to: checking and repairing the irrigation system, setting the automatic controller, checking the rain or moisture sensor, cleaning filters, pruning grass and plants away from irrigation emitters, using and operating the irrigation system, the precipitation rates of each irrigation zone within the system, any water conservation measures currently in effect from the water purveyor, the name of the water purveyor, a suggested seasonal or monthly watering schedule based on current evapotranspiration data for the geographic region, and the minimum water requirements for the plant material in each zone based on the soil type and plant material where the system is installed. (30) Major maintenance, alteration, repair, or service--Any activity that involves opening to the atmosphere the irrigation main line at any point prior to the discharge side of any irrigation zone control valve. This includes, but is not limited to, repairing or connecting into a main supply pipe, replacing a zone control valve, or repairing a zone control valve in a manner that opens the system to the atmosphere. (31) Master valve--A remote control valve located after the backflow prevention device that controls the flow of water to the irrigation system mainline. (32) Matched precipitation rate--The condition in which all sprinkler heads within an irrigation zone apply water at the same rate (33) New installation--An irrigation system installed at a location where one did not previously exist. (34) Non-health hazard--A cross-connection or potential cross connection from a landscape irrigation system that involves any substance that generally would not be a health hazard but would constitute a nuisance or be aesthetically objectionable if introduced into the potable water supply. (35) Non-potable water--Water that is not suitable for human consumption. Non-potable water sources include, but are not limited to, irrigation systems, lakes, ponds, streams, gray water that is discharged from washing machines, dishwashers or other appliances, water vapor condensate from cooling towers, reclaimed water, and harvested rainwater. (36) Pass-through contract--A written contract between a contractor or builder and a licensed irrigator or exempt business owner to perform part or all of the irrigation services relating to an irrigation system. (37) Potable water--Water that is suitable for human consumption. (38) Pressure Vacuum Breaker--An assembly containing an independently operating internally loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. Also known as a Pressure Vacuum Breaker Back-siphonage Prevention Assembly. (39) Reclaimed water--Domestic or municipal wastewater which has been treated to a quality suitable for beneficial use, such as landscape irrigation. (40) Records of landscape irrigation activities--The irrigation plans, contracts, warranty information, invoices, copies of permits, and other documents that relate to the installation, maintenance, alteration, repair, or service of a landscape irrigation system. (41) Reduced Pressure Principle Backflow Prevention Assembly--An assembly containing two independently acting approved check valves together with a hydraulically operating mechanically independent pressure differential relief valve located between the two check valves and below the first check valve. (42) Static water pressure--The pressure of water when it is not moving. (43) Supervision--The on-the-job oversight and direction by a licensed irrigator who is fulfilling his or her professional responsibility to the client and/or employer in compliance with local or state requirements. Also a licensed installer working under the direction of a licensed irrigator or beginning January 1, 2009, an irrigation technician who is working under the direction of a licensed irrigator to install, maintain, alter, repair or service an irrigation system. (44) Water conservation--The design, installation, service, and operation of an irrigation system in a manner that prevents the waste of water, promotes the most efficient use of water, and applies the least amount of water that is required to maintain healthy individual plant material or turf, reduce dust, and control erosion. (45) Zone flow--A measurement, in gallons per minute or gallons per hour, of the actual flow of water through a zone valve, calculated by individually opening each zone valve and obtaining a valid reading after the pressure has stabilized. For design purposes, the zone flow is the total flow of all nozzles in the zone at a specific pressure. (46) Zone valve--An automatic valve that controls a single zone of a landscape irrigation system. SUBCHAPTER B. STANDARDS OF CONDUCT FOR IRRIGATORS, INSTALLERS, IRRIGATION TECHNICIANS, AND IRRIGATION INSPECTORS, AND LOCAL REQUIREMENTS 30 TAC §§344.20 - 344.24 344.20. Purpose of Standards. (a) The correct practice of irrigation as a science and profession is essential for the protection and conservation of the water resources of the state and should be conducted by individuals who are held to the highest ethical standards. The legislature has vested the commission with the authority and duty to establish and enforce standards of professional conduct and ethics for practitioners in the irrigation industry. (b) Every applicant for an irrigator, installer, irrigation technician, or irrigation inspector license must become fully informed of the obligations and responsibilities inherent in the practice of irrigation as outlined by these standards of conduct. Each licensed irrigator, installer, irrigation technician, or irrigation inspector is deemed to have notice of these standards of conduct and is required to abide by the standards. §344.21.Intent. (a) These standards of conduct are established to prescribe responsibility on the part of an irrigator, an installer, an irrigation technician, an irrigation inspector, and a qualifying exempt business owner to aid in governing the irrigation industry. (b) The commission will determine what actions constitute violations of the standards in accordance with Chapter 70 of this title (relating to Enforcement) and Texas Water Code, Chapter 7 and institute appropriate disciplinary action, which may lead to monetary penalties or the suspension or revocation of a license in accordance with the applicable state statutes. §344.22.Proficiency in the Field of Irrigation; Representation of Qualifications. (a) All irrigators, installers, irrigation technicians, and inspectors shall be knowledgeable of the current industry standards regarding selling, designing, providing consulting services, installing, maintaining, altering, repairing, or servicing irrigation systems, including the connection of such a system to any source of water and water conservation. All irrigators, installers, irrigation technicians, and inspectors shall conform to the current adopted version of these rules and any local rules that do not conflict with these rules, or that are more stringent than these rules, when performing these activities. (b) All irrigators, installers, irrigation technicians, irrigation inspectors, and exempt business owners shall accurately and truthfully represent to prospective clients their qualifications to perform the services requested and shall not perform services for which they are not qualified by experience, knowledge, or license in the technical field involved. (c) All irrigators, installers, irrigation technicians, and inspectors shall be knowledgeable of local requirements related to landscape irrigation systems. §344.23.Irrigation Practice. False, misleading, or deceptive practices by an irrigator, installer, irrigation technician, or irrigation inspector relating to bidding, advertising, selling, installation, maintenance, alteration, repair, servicing, or inspection of irrigation systems are prohibited. §344.24. Local Regulation and Inspection. (a) Where any city, town, county, special purpose district, other political subdivision of the state, or public water supplier requires licensed irrigators, installers, irrigation technicians, or irrigation inspectors to comply with reasonable inspection requirements, ordinances, or regulations designed to protect the public water supply, any of which relates to work performed or to be performed within such political subdivision's territory the licensed irrigator, installer, irrigation technician, or irrigation inspector must comply with such requirements, ordinances, and regulations. (b) Any city, town, county, other political subdivision of the state, or public water supplier that is not required to adopt rules or ordinances regulating landscape irrigation may adopt a landscape irrigation program by ordinance or rule and may be responsible for inspection of connections to its public water supply system up to and including the backflow prevention device. (c) Municipalities with a population of 20,000 or more and a water district that chooses to implement a landscape irrigation program must verify that the irrigator that designs and installs an irrigation system holds a valid irrigator's license and has obtained a permit before installing a system within its territorial limits or if a municipality, its extraterritorial jurisdiction. Inspectors must verify that the design and installation meet the requirements of this chapter and local ordinances or rules that do not conflict with this chapter, or that are more stringent than this chapter. (d) Each inspector shall maintain a log of all irrigation systems inspected that includes, but is not limited to, the system location, property owner, irrigator responsible for installation, permit status, problems noted during the inspection, and date of the inspection. The log must be kept for three years. The log shall be available for review within two business days of the request by authorized representatives of the commission or any regulatory authority with jurisdiction over landscape irrigation issues in the area the inspector is employed to inspect. (e) An inspector may not inspect a landscape irrigation system that is an on-site sewage disposal system, as defined by Texas Health and Safety Code, §366.002. (f) An inspector may not inspect an irrigation system that is used on or by an agricultural operation as defined by Texas Agricultural Code, §251.002; or is connected to a groundwater well that is used by the property owner for domestic use. SUBCHAPTER C. REQUIREMENTS FOR LICENSED IRRIGATORS, INSTALLERS, IRRIGATION TECHNICIANS, AND IRRIGATION INSPECTORS 30 TAC §§344.30 - 344.38 §344.30. License Required. (a) An irrigator is an individual who: (1) sells, designs, provides consultation services, installs, maintains, alters, repairs, or services an irrigation system, including the connection of such system to any water supply; (2) advertises or represents to anyone that the individual can perform any or all of these functions; and (3) is required to hold a valid irrigator license issued under Chapter 30 of this title (relating to Occupational Licenses and Registrations). (b) Through December 31, 2009, an installer is an individual who connects an irrigation system to any water supply. (c) Beginning January 1, 2009, an irrigation technician is an individual who: (1) connects an irrigation system to a water supply; (2) under the supervision of a licensed irrigator, installs, maintains, alters, repairs, or services a landscape irrigation system; (3) represents to anyone that the individual can perform any or all of these functions; and (4) is required to hold a valid irrigation technician license issued under Chapter 30 of this title. (d) All irrigators, installers, and irrigation technicians shall comply with the rules contained in this chapter when performing any or all of the functions listed in this section. (e) An individual who inspects irrigation systems and enforces a municipality's landscape irrigation ordinance must: (1) hold a valid irrigation inspector license issued according to Chapter 30 of this title; or (2) hold a valid plumbing inspector license. (f) An individual who inspects irrigation systems and enforces a water district's rules related to landscape irrigation systems must: (1) hold a valid irrigation inspector license issued according to Chapter 30 of this title; (2) hold a valid plumbing inspector license; (3) be the district's operator; or (4) be another regulatory authority with jurisdiction over landscape irrigation. (g) An inspector shall comply with the rules contained in this chapter when performing any or all of the functions listed in this section. (h) A property owner is not required to be licensed in accordance with Texas Occupations Code, Title 12, §1903.002(c)(1) if he or she is performing irrigation work in a building or on a premises owned or occupied by the person as the person's home. A home or property owner who installs an irrigation system must meet the standards contained in §344.62(b) Spacing, §344.62(c) Water pressure, §344.62(g) related to spraying water over impervious materials, §344.62Q) Rain or moisture shut-off devices or other technology, and §344.62(k) Isolation valve. Municipalities or water districts may adopt more stringent requirements for a home or property owner who installs an irrigation system. §344.31. Exemption for Business Owner Who Provides Irrigation Services. Under Chapter 30 of this title (relating to Occupational Licenses and Registrations), abusiness owner who employs a licensed irrigator as an irrigator- in-charge to provide consulting services or to supervise or conduct the exempt business's operations relating to the design, installation, maintenance, alteration, repairing, and servicing of irrigation systems is exempt from the licensing requirements of Texas Occupations Code, Chapter 1903. §344.32. Responsibilities of a Business Owner Who Provides Irrigation Services. An exempt owner who provides landscape irrigation services shall ensure that all irrigation services are supervised by a licensed irrigator, according to the requirements of this subchapter. An exempt business owner who engages in landscape irrigation is responsible for verifying the validity of the license belonging to all irrigators, installers, and irrigation technicians performing irrigation services for the business. An exempt business owner who engages in landscape irrigation is responsible for designating an irrigator-in-charge. §344.33.Display of License. (a) Irrigators, installers, and irrigation technicians shall prominently display their license certificate at the place of irrigation business or employment and shall present their license upon request by any regulatory authority, irrigation system's owner, or prospective owner. (b) Irrigation inspectors shall present their license, when requested by any entity that is regulated under this chapter, and when that request is made while an irrigation inspector is conducting business. §344.34. Use of License. (a) No one other than the irrigator, installer, irrigation technician, or irrigation inspector to whom a license is issued shall use or attempt to use the license, which includes the license number. (b) An individual who uses or attempts to use the license or license number of someone else who is a licensed irrigator, licensed installer, licensed irrigation technician, or licensed irrigation inspector is in violation of Texas Occupations Code, Chapter 1903, and this chapter. (c) An irrigator's license or license number may be used at only one entity as the irrigator-in-charge. An irrigator may work for other entities, but not as the irrigator-in-charge. (d) It is a violation of this chapter for an irrigator, installer, irrigation technician or irrigation inspector to authorize or allow another person or entity to use the irrigator's, installer's, irrigation technician's, or irrigation inspector's license or license number in a manner inconsistent with this chapter. §344.35. Duties and Responsibilities of Irrigators. (a) An irrigator shall comply with the rules contained in this chapter when performing any or all of the functions described in this section. (b) An irrigator who performs work for an entity or for an exempt business owner who performs or offers to perform irrigation services shall be knowledgeable of and responsible for all permits, contracts, agreements, advertising, and other irrigation services secured and performed using the irrigator's license. (c) A licensed irrigator who is employed by an exempt business owner as defined by §344.31 of this title (relating to Exemption for Business Owner Who Provides Irrigation Services) shall supervise all irrigation services of the business, in accordance with this chapter. (d) A licensed irrigator is responsible for: (1) using the stamp or rubber seal in accordance with this chapter; (2) obtaining all permits and inspections required to install an irrigation system; (3) complying with local regulations; (4) determining the appropriate backflow prevention method for each irrigation system installation and installing the backflow prevention device correctly; (5) maintaining landscape irrigation systems records; (6) conserving water; (7) developing and following irrigation plan for each new irrigation system; (8) designing an irrigation system that complies with the requirements of this chapter; (9) providing on-site supervision of the installation of an irrigation system beginning January 1, 2010; (10) providing supervision to an irrigation technician while connecting an irrigation system to a water supply; installing, maintaining, altering, repairing, or servicing an irrigation system; (11) providing supervision to an installer connecting an irrigation system through December 31, 2009; (12) completing the irrigation system including the final "walk through," completing the maintenance checklist, placing a permanent sticker on the controller or on the maintenance checklist if the irrigation system does not have an automatic controller, and providing a copy of the design plan; (13) selling, consulting, performing maintenance, alteration, repair, and service of irrigation systems that complies with the requirements of this chapter; (14) providing advertisements, contracts, and warranties that comply with the requirements of this chapter; and (15) installing an irrigation system that complies with the requirements of this chapter. §344.36.Duties and Responsibilities of Installers and Irrigation Technicians. (a) A licensed installer may connect an irrigation system to a water supply through December 31, 2009. This includes installing an approved backflow prevention method pursuant to §344.50 of this title (relating to Backflow Prevention Methods) when connecting an irrigation system to a potable water supply. Beginning January 1, 2009, a licensed irrigation technician may connect an irrigation system to a water supply, including installing an approved backflow prevention method pursuant to §344.50 of this title and may maintain, alter, repair, service, or direct the installation of irrigation systems under the supervision of an irrigator. (b) If an installer or irrigation technician connects an irrigation system to a potable water supply, the connection and installation of the backflow prevention method must be as indicated on the site irrigation plan or as directed by the licensed irrigator and documented on the site irrigation plan. (c) Through December 31, 2009, an installer is responsible for the connection of an irrigation system to a water supply under the supervision of a licensed irrigator. (d) Beginning January 1, 2009, an irrigation technician, under the supervision of a licensed irrigator, is responsible for: (1) connecting an irrigation system to a water supply; and (2) providing on-site supervision of the installation, maintenance, alteration, repair, service of an irrigation system including the final walk through with the irrigation system owner or owner's representative to explain the maintenance and operation of the irrigation system. §344.37.Duties and Responsibilities of Irrigation Inspectors. (a) A licensed irrigation inspector shall enforce the applicable irrigation rules or ordinance of the employing governmental entity. (b) A licensed irrigation inspector, licensed plumbing inspector, a water district's operator or other governmental entity shall be responsible for: (1) verifying that the appropriate permits have been obtained for an irrigation system and that the irrigator and installer or irrigation technician, if applicable, are licensed; (2) inspecting the irrigation system; (3) determining that the irrigation system complies with the requirements of this chapter; (4) determining that the appropriate backflow prevention device was installed, tested, and test results provided to the water purveyor; (5) investigating complaints related to irrigation system installation, maintenance, alteration, repairs, or service of an irrigation system and advertisement of irrigation services; and (6) maintaining records according to this chapter. §344.38.Irrigator, Installer, and Irrigation Technician Records. Upon the licensed irrigator obtaining the seal or rubber stamp, in accordance with this chapter, an impression of the seal or rubber stamp will be made on letterhead, or other business stationary, and maintained on file for review by the commission. Archival copies of all records given to the irrigation system's owner or owner's representative shall be maintained by the irrigator. Records will be maintained by the irrigator for a period of three years from the date installation, maintenance, alteration, repair or service was completed. Irrigators, installers, and irrigation technicians shall make all records of landscape irrigation services available within ten business days of any request made by authorized representatives of the commission or the local regulatory authority with jurisdiction over landscape irrigation issues. SUBCHAPTER D. LICENSED IRRIGATOR SEAL 30 TAC §§344.40 - 344.43 §344.40. Seal Required. Each irrigator, upon being licensed with the commission, shall obtain a seal, as described in §344.41 of this title (relating to Seal Design). Licensed irrigators shall not engage in any landscape irrigation services without physical possession of the seal and the license. The irrigator is responsible for the security of the seal. §344.41. Seal Design. (a) The required seal must be: (1) circular; and (2) not less than 1-1/2 inches in diameter. (b) The required seal must display: (1) the words "State of Texas" at the top between the knurled circles; (2) the words "Licensed Irrigator" at the bottom; and (3) the irrigator's name and license number, excluding leading zeros, horizontally in the circular field. §344.42. Seal Display. (a) On every document requiring an irrigator's seal, the seal shall be clearly visible and legible on the original document and all copies or reproductions of the original document. (b) An irrigator may use an electronic or other format seal and signature if the seal, signature, and date are clearly visible and legible on the original document and all copies or reproductions of the original document. §344.43. Seal Use. (a) Irrigators shall: (1) sign their legal name; (2) affix the seal above the irrigator's signature; and (3) include the date of signing (month, day, and year) of each document to which the seal is affixed. (b) The presence of the irrigator's seal displayed above the irrigator's signature and date on any document constitutes the acceptance of all professional responsibility for the document and the irrigation services performed in accordance with that document. (c) The irrigator will maintain, for three years, a copy of each document bearing the irrigator's seal. (d) Once a document containing a seal is issued, the seal may not be altered. (e) Irrigators shall not use or authorize the use of a seal on any plan or specification created by another irrigator unless the irrigator: (1) Reviews and makes changes to adapt the plan or specification to the specific site conditions and to address state and local requirements; and (2) Accepts full responsibility for any alterations to the plan or specification and any downstream consequences. (f) If an irrigator prepares a portion of a plan or specification, that portion of the design or specification prepared by the irrigator, or under the irrigator's supervision and seal, should be clearly identified. (g) Irrigators shall sign, seal and date the irrigation plan and specifications, contract, addenda or change orders, warranty, and the maintenance checklist. SUBCHAPTER E. BACKFLOW PREVENTION AND CROSS-CONNECTIONS 30 TAC §§344.50 - 344.52 §344.50. Backflow Prevention Methods. (a) Any irrigation system that is connected to a public or private potable water supply must be connected through acommission-approved backflow prevention method. The backflow prevention device must be approved by the American Society of Sanitary Engineers; or the Foundation for Cross-Connection Control and Hydraulic Research, University of Southern California; or the Uniform Plumbing Code; or any other laboratory that has equivalent capabilities for both the laboratory and field evaluation of backflow prevention assemblies. The backflow prevention device must be installed in accordance with the laboratory approval standards or if the approval does not include specific installation information, the manufacturer's current published recommendations. (b) If conditions that present a health hazard exist, one of the following methods must be used to prevent backflow; (1) An air gap may be used if: A there is an unobstructed physical separation; and B the distance from the lowest point of the water supply outlet to the flood rim of the fixture or assembly into which the outlet discharges is at least one inch or twice the diameter of the water supply outlet, whichever is greater. (2) Reduced pressure principle backflow prevention assemblies may be used if: A the device is installed at a minimum of 12 inches above ground in a location that will ensure that the assembly will not be submerged; and B drainage is provided for any water that may be discharged through the assembly relief valve. (3) Pressure vacuum breakers may be used if: A no back-pressure condition will occur; and B the device is installed at a minimum of 12 inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler. (4) Atmospheric vacuum breakers may be used if: A no back-pressure will be present; B there are no shutoff valves downstream from the atmospheric vacuum breaker; C the device is installed at a minimum of six inches above any downstream piping and the highest downstream opening. Pop-up sprinklers are measured from the retracted position from the top of the sprinkler; D there is no continuous pressure on the supply side of the atmospheric vacuum breaker for more than 12 hours in any 24-hour period; and E a separate atmospheric vacuum breaker is installed on the discharge side of each irrigation control valve, between the valve and all the emission devices that the valve controls. (c) Backflow prevention devices used in applications designated as health hazards must be tested upon installation and annually thereafter. (d) If there are no conditions that present a health hazard double check valve backflow prevention assemblies may be used to prevent backflow if the device is tested upon installation and: (1) a local regulatory authority does not prohibit the use of a double check valve; (2) backpressure caused by an elevation of pressure in the discharge piping by pump or elevation of piping above the supply pressure which could cause a reversal of the normal flow of water or back-siphonage conditions caused by a reduced or negative pressure in the irrigation system exist; and (3) test cocks are used for testing only. (e) If a double check valve is installed below ground: (1) test cocks must be plugged, except when the double check valve is being tested; (2) test cock plugs must be threaded, water-tight, and made of non- ferrous material; (3) a y-type strainer is installed on the inlet side of the double check valve; (4) there must be a clearance between any fill material and the bottom of the double check valve to allow space for testing and repair; and (5) there must be space on the side of the double check valve to test and repair the double check valve. §344.51. Specific Conditions and Cross-Connection Control. (a) Before any chemical is added to an irrigation system connected to any potable water supply, the irrigation system must be connected through a reduced pressure principle backflow prevention assembly or air gap. (b) Connection of more than one water source to an irrigation system presents the potential for contamination of the potable water supply if backflow occurs. Therefore, connection of any additional water source to an irrigation system that is connected to the potable water supply can only be done if the irrigation system is connected to the potable water supply through areduced-pressure principle backflow prevention assembly or an air gap. (c) Irrigation system components with chemical additives induced by aspiration, injection, or emission system connected to any potable water supply must be connected through a reduced pressure principle backflow device. (d) If an irrigation system is designed or installed on a property that is served by an on-site sewage facility, as defined in Chapter 285 of this title (relating to On-Site Sewage Facilities), then: (1) all irrigation piping and valves must meet the separation distances from the On-Site Sewage Facilities system as required for a private water line in §285.91(10) of this title (relating to Minimum Required Separation Distances for On-Site Sewage Facilities); (2) any connections using a private or public potable water source must be connected to the water source through a reduced pressure principle backflow prevention assembly as defined in §344.50 of this title (relating to Backflow Prevention Methods); and (3) any water from the irrigation system that is applied to the surface of the area utilized by the On-Site Sewage Facility system must be controlled on a separate irrigation zone or zones so as to allow complete control of any irrigation to that area so that there will not be excess water that would prevent the On-Site Sewage Facilities system from operating effectively. §344.52.Installation of Backflow Prevention Device. (a) If an irrigation system is connected to a potable water supply and requires major maintenance, alteration, repair, or service, the system must be connected to the potable water supply through an approved, properly installed backflow prevention method as defined in this title before any major maintenance, alteration, repair, or service is performed. (b) If an irrigation system is connected to a potable water supply through a double check valve, pressure vacuum breaker, or reduced pressure principle backflow assembly and includes an automatic master valve on the system, the automatic master valve must be installed on the discharge side of the backflow prevention assembly. (c) The irrigator shall ensure the backflow prevention device is tested prior to being placed in service and the test results provided to the local water purveyor and the irrigation system's owner or owner's representative within 10 business days of testing of the backflow prevention device. SUBCHAPTER F. STANDARDS FOR DESIGNING, INSTALLING, AND MAINTAINING LANDSCAPE IRRIGATION SYSTEMS 30 TAC §§344.60 - 344.65 §344.60. Water Conservation. All irrigation systems shall be designed, installed, maintained, altered, repaired, serviced, and operated in a manner that will promote water conservation as defined in §344.1(44) of this title (relating to Definitions). §344.61. Minimum Standards for the Design of the Irrigation Plan. (a) An irrigator shall prepare an irrigation plan for each site where a new irrigation system will be installed. A paper or electronic copy of the irrigation plan must be on the job site at all times during the installation of the irrigation system. A drawing showing the actual installation of the system is due to each irrigation system owner after all new irrigation system installations. During the installation of the irrigation system, variances from the original plan may be authorized by the licensed irrigator if the variance from the plan does not: (1) diminish the operational integrity of the irrigation system; (2) violate any requirements of this chapter; and (3) go unnoted in red on the irrigation plan. (b) The irrigation plan must include complete coverage of the area to be irrigated. If a system does not provide complete coverage of the area to be irrigated, it must be noted on the irrigation plan. (c) All irrigation plans used for construction must be drawn to scale. The plan must include, at a minimum, the following information: (1) the irrigator's seal, signature, and date of signing; (2) all major physical features and the boundaries of the areas to be watered; (3) a North arrow; (4) a legend; (5) the zone flow measurement for each zone; (6) location and type of each: A controller; B sensor (for example, but not limited to, rain, moisture, wind, flow, or freeze); (7) location, type, and size of each: A water source, such as, but not limited to a water meter and point(s) of connection; B backflow prevention device; C water emission device, including, but not limited to, spray heads, rotary sprinkler heads, quick-couplers, bubblers, drip, or micro-sprays; D valve, including, but not limited to, zone valves, master valves, and isolation valves; E pressure regulation component; and F main line and lateral piping. (8) the scale used; and (9) the design pressure. §344.62. Minimum Design and Installation Requirements. (a) No irrigation design or installation shall require the use of any component, including the water meter, in a way which exceeds the manufacturer's published performance limitations for the component. (b) Spacing. (1) The maximum spacing between emission devices must not exceed the manufacturer's published radius or spacing of the device(s). The radius or spacing is determined by referring to the manufacturer's published specifications for a specific emission device at a specific operating pressure. (2) New irrigation systems shall not utilize above-ground spray emission devices in landscapes that are less than 48 inches not including the impervious surfaces in either length or width and which contain impervious pedestrian or vehicular traffic surfaces along two or more perimeters. If pop-up sprays or rotary sprinkler heads are used in a new irrigation system, the sprinkler heads must direct flow away from any adjacent surface and shall not be installed closer than four inches from a hardscape, such as, but not limited to, a building foundation, fence, concrete, asphalt, pavers, or stones set with mortar. (3) Narrow paved walkways, jogging paths, golf cart paths or other small areas located in cemeteries, parks, golf courses or other public areas may be exempted from this requirement if the runoff drains into a landscaped area. (c) Water pressure. Emission devices must be installed to operate at the minimum and not above the maximum sprinkler head pressure as published by the manufacturer for the nozzle and head spacing that is used. Methods to achieve the water pressure requirements include, but are not limited to, flow control valves, a pressure regulator, or pressure compensating spray heads. (d) Piping. Piping in irrigation systems must be designed and installed so that the flow of water in the pipe will not exceed a velocity of five feet per second for polyvinyl chloride (PVC) pipe. (e) Irrigation Zones. Irrigation systems shall have separate zones based on plant material type, microclimate factors, topographic features, soil conditions, and hydrological requirements. (f) Matched precipitation rate. Zones must be designed and installed so that all of the emission devices in that zone irrigate at the same precipitation rate. (g) Irrigation systems shall not spray water over surfaces made of concrete, asphalt, brick, wood, stones set with mortar, or any other impervious material, such as, but not limited to, walls, fences, sidewalks, streets, etc. (h) Master valve. When provided, a master valve shall be installed on the discharge side of the backflow prevention device on all new installations. (i) PVC pipe primer solvent. All new irrigation systems that are installed using PVC pipe and fittings shall be primed with a colored primer prior to applying the PVC cement in accordance with the Uniform Plumbing Code (Section 316) or the International Plumbing Code (Section 605). Q) Rain or moisture shut-off devices or other technology. All new automatically controlled irrigation systems must include sensors or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. Rain or moisture shut-off technology must be installed according to the manufacturer's published recommendations. Repairs to existing automatic irrigation systems that require replacement of an existing controller must include a sensor or other technology designed to inhibit or interrupt operation of the irrigation system during periods of moisture or rainfall. EI Paso, Hudspeth, Culberson, Jeff Davis, Presidio, Brewster, Terrell, Loving, Winkler, Ward, Reeves, Ector, Crane and Pecos are excluded from this requirement. (k) Isolation valve. All new irrigation systems must include an isolation valve between the water meter and the backflow prevention device. (I) Depth coverage of piping. Piping in all irrigation systems must be installed according to the manufacturer's published specifications for depth coverage of piping. (1) If the manufacturer has not published specifications for depth coverage of piping, the piping must be installed to provide minimum depth coverage of six inches of select backfill, between the top of the pipe and the natural grade of the topsoil. All portions of the irrigation system that fail to meet this standard must be noted on the irrigation plan. If the area being irrigated has rock at a depth of six inches or less, select backfill may be mounded over the pipe. Mounding must be noted on the irrigation plan and discussed with the irrigation system owner or owner's representative to address any safety issues. (2) If a utility, man-made structure, or roots create an unavoidable obstacle, which makes the six-inch depth coverage requirement impractical, the piping shall be installed to provide a minimum of two inches of select backfill between the top of the pipe and the natural grade of the topsoil. (3) All trenches and holes created during installation of an irrigation system must be backfilled and compacted to the original grade. (m)Wiring irrigation systems. (1) Underground electrical wiring used to connect an automatic controller to any electrical component of the irrigation system must be listed by Underwriters Laboratories as acceptable for burial underground. (2) Electrical wiring that connects any electrical components of an irrigation system must be sized according to the manufacturer's recommendation. (3) Electrical wire splices which may be exposed to moisture must be waterproof as certified by the wire splice manufacturer. (4) Underground electrical wiring that connects an automatic controller to any electrical component of the irrigation system must be buried with a minimum of six inches of select backfill. (n) Water contained within the piping of an irrigation system is deemed to be non-potable. No drinking or domestic water usage, such as, but not limited to, filling swimming pools or decorative fountains, shall be connected to an irrigation system. If a hose bib (an outdoor water faucet that has hose threads on the spout) is connected to an irrigation system for the purpose of providing supplemental water to an area, the hose bib must be installed using a quick coupler key on a quick coupler installed in a covered purple valve box and the hose bib and any hoses connected to the bib must be labeled "non-potable, not safe for drinking." An isolation valve must be installed upstream of a quick coupler connecting a hose bib to an irrigation system. (o) Beginning January 1, 2010, either a licensed irrigator or a licensed irrigation technician shall be on-site at all times while the landscape irrigation system is being installed. When an irrigator is not on-site, the irrigator shall be responsible for ensuring that a licensed irrigation technician is on-site to supervise the installation of the irrigation system. §344.63. Completion of Irrigation System Installation. Upon completion of the irrigation system, the irrigator or irrigation technician who provided supervision for the on-site installation shall be required to complete four items: (1) a final "walk through" with the irrigation system's owner or the owner's representative to explain the operation of the system; (2) The maintenance checklist on which the irrigator or irrigation technician shall obtain the signature of the irrigation system's owner or owner's representative and shall sign, date, and seal the checklist. If the irrigation system's owner or owner's representative is unwilling or unable to sign the maintenance checklist, the irrigator shall note the time and date of the refusal on the irrigation system's owner or owner's representative's signature line. The irrigation system owner or owner's representative will be given the original maintenance checklist and a duplicate copy of the maintenance checklist shall be maintained by the irrigator. The items on the maintenance checklist shall include but are not limited to: A the manufacturer's manual for the automatic controller, if the system is automatic; B a seasonal (spring, summer, fall, winter) watering schedule based on either current/real time evapotranspiration or monthly historical reference evapotranspiration (historical ET) data, monthly effective rainfall estimates, plant landscape coefficient factors, and site factors; C a list of components, such as the nozzle, or pump filters, and other such components; that require maintenance and the recommended frequency for the service; and D the statement, "This irrigation system has been installed in accordance with all applicable state and local laws, ordinances, rules, regulations or orders. I have tested the system and determined that it has been installed according to the Irrigation Plan and is properly adjusted for the most efficient application of water at this time." (3) A permanent sticker which contains the irrigator's name, license number, company name, telephone number and the dates of the warranty period shall be affixed to each automatic controller installed by the irrigator or irrigation technician. If the irrigation system is manual, the sticker shall be affixed to the original maintenance checklist. The information contained on the sticker must be printed with waterproof ink and include: (4) The irrigation plan indicating the actual installation of the system must be provided to the irrigation system's owner or owner representative. §344.64. Maintenance, Alteration, Repair, or Service of Irrigation Systems. (a) The irrigator is responsible for all work that the irrigator performed during the maintenance, alteration, repair, or service of an irrigation system during the warranty period. The irrigator or business owner is not responsible for the professional negligence of any other irrigator who subsequently conducts any irrigation service on the same irrigation system. (b) All trenches and holes created during the maintenance, alteration, repair, or service of an irrigation system must be returned to the original grade with compacted select backfill. (c) Colored PVC pipe primer solvent must be used on all pipes and fittings used in the maintenance, alteration, repair, or service of an irrigation system in accordance with the Uniform Plumbing Code (Section 316) or the International Plumbing Code (Section 605). (d) When maintenance, alteration, repair or service of an irrigation system involves excavation work at the water meter or backflow prevention device, an isolation valve shall be installed, if an isolation valve is not present. §344.65.Reclaimed Water. Reclaimed water may be utilized in landscape irrigation systems if: (1) there is no direct contact with edible crops, unless the crop is pasteurized before consumption; (2) the irrigation system does not spray water across property lines that do not belong to the irrigation system's owner; (3) the irrigation system is installed using purple components; (4) the domestic potable water line is connected using an air gap or a reduced pressure principle backflow prevention device, in accordance with §290.47(1) of this title (relating to Appendices); (5) a minimum of an eight inch by eight inch sign, in English and Spanish, is prominently posted on/in the area that is being irrigated, that reads, "RECLAIMED WATER - DO NOT DRINK" and "AGUA DE RECUPERACION - NO BEBER"; and (6) backflow prevention on the reclaimed water supply line shall be in accordance with the regulations of the water purveyor. SUBCHAPTER G. ADVERTISING, CONTRACT, AND WARRANTY 30 TAC §§344.70 - 344.72 §344.70.Advertisement. (a) All vehicles used in the performance of irrigation installation, maintenance, alteration, repair, or service must display the irrigator's license number in the form of "LI " in a contrasting color of block letters at least two inches high, on both sides of the vehicle. (b) All forms of written and electronic advertisements for irrigation services must display the irrigator's license number in the form of "LI ." Any form of advertisement, including business cards, and estimates which displays an entity's or individual's name other than that of the licensed irrigator must also display the name of the licensed irrigator and the licensed irrigator's license number. Trailers that advertise irrigation services must display the irrigator's license number. (c) The name, mailing address, and telephone number of the commission must be prominently displayed on a legible sign and displayed in plain view for the purpose of addressing complaints at the permanent structure where irrigation business is primarily conducted and irrigation records are kept. §344.71. Contracts. (a) All contracts to install an irrigation system must be in writing and signed by each party and must specify the irrigator's name, license number, business address, current business telephone numbers, the date that each party signed the agreement, the total agreed price, and must contain the statement, "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's website is: www. tceq.state.tx.us." All contracts must include the irrigator's seal, signature, and date. (b) All written estimates, proposals, bids, and invoices relating to the installation or repair of an irrigation system(s) must include the irrigator's name, license number, business address, current business telephone number(s), and the statement: "Irrigation in Texas is regulated by the Texas Commission On Environmental Quality (TCEQ) (MC-178), P.O. Box 13087, Austin, Texas 78711-3087. TCEQ's web site is: www.tceq.state.tx.us." (c) An individual who agrees by contract to provide irrigation services as defined in §344.30 of this title (relating to License Required) shall hold an irrigator license issued under Chapter 30 of this title (relating to Occupational Licenses and Registrations) unless the contract is a pass-through contract as defined in §344.1(36) of this title (relating to Definitions). If apass-through contract includes irrigation services, then the irrigation portion of the contract can only be performed by a licensed irrigator. If an irrigator installs a system pursuant to a pass- through contract, the irrigator shall still be responsible for providing the irrigation system's owner or through contract, the irrigator shall still be responsible for providing the irrigation system's owner or owner's representative a copy of the warranty and all other documents required under this chapter. Apass-through contract must identify by name and license number the irrigator that will perform the work and must provide a mechanism for contacting the irrigator for irrigation system warranty work. (d) The contract must include the dates that the warranty is valid. §344.72. Warranties. (a) On all installations of new irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative with a written warranty covering materials and labor furnished in the new installation of the irrigation system. The irrigator shall be responsible for adhering to terms of the warranty. If the irrigator's warranty is less than the manufacturer's warranty for the system components, then the irrigator shall provide the irrigation system's owner or the owner's representative with applicable information regarding the manufacturer's warranty period. The warranty must include the irrigator's seal, signature, and date. If the warranty is part of an irrigator's contract, a separate warranty document is not required. (b) An irrigator's written warranty on new irrigation systems must specify the irrigator's name, business address, and business telephone number(s), must contain the signature of the irrigation system's owner or owner's representative confirming receipt of the warranty and must include the statement: "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality (TCEQ), MC-178, P.O. Box 130897, Austin, Texas 78711-3087. TCEQ's website is: www.tceq.state.tx. us. (c) On all maintenance, alterations, repairs, or service to existing irrigation systems, an irrigator shall present the irrigation system's owner or owner's representative a written document that identifies the materials furnished in the maintenance, alteration, repair, or service. If a warranty is provided, the irrigator shall abide by the terms. The warranty document must include the irrigator's name and business contact information. SUBCHAPTER H. IRRIGATOR ADVISORY COUNCIL 30 TAC §344.80 STATUTORY AUTHORITY §344.80.IrrigaforRdvisory Council. (a) The Irrigator Advisory Council is composed of nine members that are appointed by the commission. Appointments to the council will be made without regard to race, creed, sex, religion, or national origin of the appointees. The purpose of the council is to give the commission the benefit of the members' collective business, environmental, and technical expertise and experience with respect to matters relating to landscape irrigation. The council has no executive or administrative powers or duties with respect to the operation of the commission, and all such powers and duties rest solely with the commission. (b) Six members of the council must be licensed irrigators who are residents of the State of Texas, experienced in the irrigation business, and familiar with irrigation methods and techniques. (c) Three members must be representatives of the public. A person is not eligible for appointment as a public member if the person or the person's spouse: (1) is licensed by an occupational regulatory agency in the field of irrigation; or (2) is employed by, participates in the management of, or has, other than as a consumer, a financial interest in a business entity or other organization related to the field of irrigation. (d) It is grounds for removal from the council by the commission if a member: (1) does not meet, at the time of the appointment, the qualifications that are required by subsection (b) or (c) of this section for appointment to the council; (2) does not maintain, during service on the council, the qualifications that are required by subsection (b) or (c) of this section for appointment to the council; or (3) misses three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period. (e) The members of the council serve six-year terms, with the terms expiring February 1 of each odd-numbered year. (f) A member of the council is entitled to per diem as appropriated by the Texas Legislature for each day that the member engages in the business of the council. A member is entitled to reimbursement for travel expenses, including expenses for meals and lodging, as provided for in the General Appropriations Act. (g) The council shall hold meetings at the call of the commission or chairman. (h) A majority of the council constitutes a quorum for conducting business. (i) The council will elect a chairman by a majority vote. ORDINANCE 0-08-1704 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS AMENDING CHAPTER 98, ARTICLE II, DIVISION II, ADOPTING A LANDSCAPE IRRIGATION ORDINANCE TO THE COLLEYVILLE CODE OF ORDINANCES; PROVIDING FOR A PERMIT FEE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF $2,000.00; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville, Texas has determined that water conservation and environmental protection are important issues and concerns affecting the city; and WHEREAS, properly-installed irrigation systems will conserve water, help avoid wasteful use, and improve the overall quality of life for the citizens of Colleyville, Texas; and WHEREAS, during the 2007 legislative session, the Texas Legislature adopted House Bill 1656; and WHEREAS, House Bill 1656 amended Chapter 401 of the Texas Local Government Code to require a city with a population of 20,000 or more to regulate the installation of irrigation systems within the corporate limits of the city as well as the city's extraterritorial jurisdiction; and WHEREAS, the provisions herein are necessary to promote and protect the health, safety, and welfare of the public by creating an urban environment that is protective of the city's water supply and provides an enhanced quality of life for the citizens of the City of Colleyville; and WHEREAS, all legal prerequisites for the passage of this Ordinance have been met, including but not limited to the requirements of the Texas Open Meetings Act and the City Charter; and WHEREAS, City Council has found that the passage of this Ordinance serves the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT Chapter 98, Article II, Division II of the Code of Ordinances is hereby amended as follows: Ordinance 0-08-1704 Page 2 of 6 Sec. 98-44. Drought Contingency Plan -Adopted. The City of Colleyville adopts and establishes a drought contingency plan attached to Ordinance No. 0-06-1587 and adopted by reference in this division. Sec. 98-45. Landscape Irrigation Regulations. (a) Minimum Standards for Lawn and Landscape Irrigation Systems. The landscape irrigation rules promulgated by the Texas Commission on Environmental Quality and contained in Chapter 344 Texas Administrative Code, as the same may be from time to time amended, are hereby adopted by reference, including all other provisions of this chapter, as the landscape irrigation rules of the City. (b) Permit required. Except as provided by Sec. 401.006(e), Texas Local Government Code, the installer of an irrigation system shall hold a license issued under Sec. 1903.251, Texas Occupations Code, and shall obtain a permit from the City before installing an irrigation system within the territorial limits or extraterritorial jurisdiction of the City. To obtain a permit, the applicant shall first file an application with the Building Inspection Department on a form to be provided by the City for that purpose. Unless otherwise exempted from registration, the installer of an irrigation system shall be registered with the City as an irrigation contractor in accordance with the provisions of Chapter 22, Article II, Colleyville Code of Ordinances. (c) Rain and Freeze Sensing Devices. (1) All new commercial and industrial customer class irrigation systems installed within the City must be equipped with rain and freeze sensors. (2) The potable water supply to lawn irrigation systems shall be protected against backflow in accordance with the City's Backflow and Cross-connection Control Program. All rain and freeze sensors for commercial customer class lawn irrigation systems shall undergo annual inspection and testing concurrent with schedules associated with the requirements set forth in Appendix A, Section 2 -Operating Policies in General, Colleyville Code of Ordinances. (3) All new residential customer class irrigation systems installed within the City must be equipped with rain and Ordinance 0-08-1704 Page 3 of 6 freeze sensors. On an existing irrigation system, a rain and freeze sensor or gauge shall be installed whenever the controller for the system is replaced. (d) Inspection request. It shall be the duty of the permit holder or their duly authorized agent to obtain all inspection approvals as required by the City. It shall be the duty of the permit holder to provide access to and means for inspections of such work that are required by this code. Sec. 98-46. Irrigation Conservation Restrictions. (a) Except for hand watering and the use of soaker hoses, a person commits an offense if he knowingly or recklessly irrigates, waters, causes or permits the irrigation or watering of any lawn or landscape located on premises owned, leased or managed by that person between the hours of 10:00 a.m. and 6:00 p.m. at any time during the year. (b) A person commits an offense if he knowingly or recklessly irrigates, waters, or causes or permits the irrigation or watering of a lawn or landscape located on premises owned, leased or managed by the person in a manner that causes: (1) a substantial amount of water to fall upon impervious areas instead of a lawn or landscape, such that a constant stream of water overflows from the lawn or landscape onto a street or other drainage area; or (2) an irrigation system or other lawn or landscape watering device to operate during any form of precipitation. (c) A person commits an offense if, on premises owned, leased or managed by that person, he knowingly or recklessly operates a lawn or landscape irrigation system or device that: (1) has any broken or missing sprinkler heads; or (2) has not been properly maintained in a manner that prevents the waste of water. (d) The City Manager or his/her designee may mandate a two (2) day per week watering schedule based on the following watering zones established in section 98-44 of this chapter. Ordinance 0-08-1704 Page 4 of 6 (1) Zone "A" is north of Colleyville Boulevard and west of Pleasant Run Road. Tuesday and Friday (2) Zone "B" is north of Glade Road and east of Pleasant Run Road. Wednesday and Saturday (3) Zone "C" is east of Colleyville Boulevard and south of Glade Road. Thursday and Sunday Sec. 98-47 Variances (a) The City Manager or his/her designee may grant variances from the provisions of this Article as outlined below: (1) The applicant must sign a compliance agreement form provided by the City Manager or his/her designee, agreeing to irrigate or water a lawn or landscape only in the amount and manner permitted by the variance. (2) Granting of a variance must not cause an immediate significant reduction in the City's water supply. (3) The extreme hardship or need requiring the variance must relate to the health, safety or welfare of the person requesting it. (4) The health, safety or welfare of the other persons must not be adversely affected by granting the variance. (b) The City Manager or his/her designee may revoke a variance granted when the City Manager determines that (1) the conditions of subsection (a) are not being met or are no longer applicable, or (2) the terms of the compliance agreement are being violated; or (3) the health, safety or welfare or other persons requires revocation. Sec. 97-48 Exemptions (a) The City Manager or his/her designee shall grant exemptions to private water wells used for irrigation after a visual inspection by the City. Ordinance 0-08-1704 Page5of6 (b) The City Manager or his designee may grant exemptions to newly installed lawns or landscapes for up to six weeks. Sec. 3. THAT the City Council hereby establishes the fee for a permit for each irrigation system to be $75.00. This fee will be added to the Colleyville Code of Ordinances, Chapter II, Article II, Section 2-26(g) in the schedule of fees. Sec. 4. THAT this ordinance shall be cumulative of all provisions of ordinances of the City of Colleyville, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. Sec. 5. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are, severable, and if any phrase, clause sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 6. THAT any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Sec. 7. THAT The City Secretary of the City of Colleyville is hereby authorized to publish this ordinance in book or pamphlet form for general distribution among the public, and the operative provisions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof. Sec. 8. THAT Ordinance 0-06-1587 shall remain in full force and effect, except where amended by this ordinance. Sec. 9. THAT the effective date of this ordinance shall be January 1, 2009. Ordinance 0-08-1704 Page 6 of 6 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. 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 SPEAKER CARD Date: ~;~.~ `a..._ 1 .~ I wish to address the City Council on the following subject: =1-~-\ s Agenda Item Number: Name: ~ G(°L~ Address: ~l ~-~'~~ ~ ~ ~ ~ ] Ll`--~ ~l.U (~t City: C Telephone No.~ ~~`~~~~ ~ ~~~' I represent: organizati /self I understand that 1 am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: This information is a Public Record ~~ ~~~ ~~ ~4 '~~bJ~__ '~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-08-3036 Version: 1 Requester: Community Development Department File Number: R-08-3036 File Type: Resolution Agenda Date: 12/02/2008 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of an appeal of the decision by the Sign Board of Appeals for a variance regarding a monument sign on Lot 2, Block 1 of the Northstar Bank Addition, located at 6114 Colleyville Boulevard, Case A-08-012 Attachments: Letter of Appeal to City Council Location and Zoning Map Notification List Application • Proof of Ownership Actual Sign Resolution R-08-3036 History of Legislative File Version: Date: Acting Body: Action Text: 11/11/2008 Sign Board of Appeals 12/02/2008 City Council Title Consideration of an appeal of the decision regarding a monument sign on Lot 2, Block 6114 Colleyville Boulevard, Case A-08-012 Explanation Reading and Public Hearing On November 11, 2008, the Sign Board of Appeals denied a variance request submitted by Rich Driscoll regarding an electronic moving/flashing (or scrolling message) sign, that is part of an existing monument sign, located at 6114 Colleyville Boulevard. The variance request seeks to allow the change of slogans more than once every five minutes. Section 1.15(H) of the Land Development Code provides the authority of the City Council to consider the applicant's appeal request. The following is an excerpt of the applicable language from the Land Development Code: Appeal to City Council -The decision by the Sign Board of Appeals shall be final, unless fhe applicant submits a written notice of appeal within ten (10) days from the date of the action by the Board. The enforcement official shall re-notify all property owners lying within two hundred (200) feef of the area being considered and place fhe applicant's appeal request on the next available agenda for consideration by the City Council. by the Sign Board of Appeals for a variance 1 of the Northstar Bank Addition, located at City of Colleyville Page 1 Printed on 11/21/2008 Agenda Briefing Continued (R-08-3036) The following is the specific provision in the Land Development Code regarding these types of signs: Section 7.215(H) of the Sign Regulations Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any illuminated, animated, moving or flashing sign. Exception: Only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature, only shall not constitute a flashing sign. A permit was issued for the sign, including the electronic message portion, in August 2008 as the sign met all code requirements. Construction of the sign is not yet complete. The applicant requests the sign be allowed to change messages a minimum of every 10-15 seconds so that motorists on Colleyville Boulevard have the opportunity to see approximately two messages per trip. The sign currently displays the office name, Total Eye Care, and contact number with the time and date displayed every five minutes, which is allowed by code. Public Notification. Staff mailed notices to 17 property owners within 200 feet of the site. As of this writing, staff has received no written response in acknowledgement of the variance request. Sign Board of Appeals Recommendation. The Sign Board of Appeals recommended denial of the request at the November 11, 2008 meeting by a vote of 5-0. Summary. The sign may be programmed to comply with the five minute scrolling minimum required by the Sign Regulations in the Land Development Code. Staffs analysis is that no hardships or special conditions exist that warrant any violations of the Sign Regulations. Financial Impact It has been determined that there is no financial impact. Recommendation Denial City of Colleyville Page 2 Printed on 11/21/2008 Letter of Appeal to City Council Total Eye Care "we listen to your needs" Convenient November 13, 2008 • Iate, eazly & Saturday appointments Justin Bass Sam a~e accepted y City Of COlleyvllle appointments Office of the City Planner bassj@ci.colleyville.tx.us Advanced Eye Care • Computerized eye exams • Refractive surgery evaluations Dear Justin, • Treatment of eye disease • Treatment of Please accept this letter as a request to present my request for a review and change in the eye injuries current city ordinance regarding electronic message boards before the Colleyville City Family Care Council on December 2, 2008. • Pediatric specialists • Designer frames • 24 hr. emergency I would be happy to attend any workgroup meetings prior to the city council session. I am Services in the process of making a video that will demonstrate how the sign will look without Satisfaction video transitions. Guarantee Thank you for your help. Please feel free to call or email should you have any additional questions or require more information. Sincerely, ~~ Richard A. Driscoll, O.D. Drs. Diana & Richard Driscoll Therapeutic Optometrists, Optometric Glaucoma Specialists Members: American Optometric Association, Texas Optometric Association Volunteers: Optometric Services for Humanity www.TotalEyeCare.net 6114 Colleyville Blvd. ~ Colleyville, TX 76034 1834 Keller Parkway, Suite 100 ~ Keller, TX 76248 (817) 416.0333 817.431.4900 Location and Zoning Map r~20a e~«~ ,;-,,~-~ ~- 6~Q1 620 / 7 f~ E;1Ci`? ~ 620G CN R 0 ? ~R15 6112 CPO r_, t n~; ~~~ ~~~~ 6202: 6700 `'~ ~ 4 O ~d 6103 t~ 11 ~~ Site r ,- ri1'"~ 6100 ~ ,~~ ' ~~'' F;1 1-l Q ~ ~ ;. ~ ~ 60 cF<,y 12 PUDC , ` ,~'~ ` ; ~ ~ . ~ ~ ~, .~ 6008 ~ r I ~ ` ~" cc~ ,f` X31 p0 % r' CN r . ` Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Meier, Virgil L 6109 Ponderosa St Colleyville TX 76034 006109 Ponderosa St Folkes, James J & Kimberly S 6200 Ponderosa St Colleyville TX 76034 006200 Ponderosa St Burton, Eugene Etux Karen L 6112 Ponderosa St Colleyville TX 76034 006112 Ponderosa St Arana, Wanda Trustee 36 Arana Cir Sausalito CA 94965 006200 Colleyville Blvd Hill, Steven W Etux Rhonda 6105 Ponderosa St Colleyville TX 76034 006105 Ponderosa St Arana, Wanda Trustee 36 Arana Cir Sausalito CA 94965 006200 Colleyville Blvd Casteel, Gary Etux Donna K 6108 Ponderosa St Colleyville TX 76034 006108 Ponderosa St Gossett, Lelton Etux Becky S 1400 Hardage Ln Colleyville TX 76034 001400 Hardage Ln Neff, William A Etux Carol S 6104 Ponderosa St Colleyville TX 76034 006104 Ponderosa St Van Buskirk Properties Llc 2120 E Southlake Blvd Ste A Southlake TX 76092 006118 Colleyville Blvd Colleyville Commerical Prop 1468 Sandhill Ct Roanoke TX 76262 006114 Colleyville Blvd Emler Swim School Inc 2201 Lavern St Arlington TX 76013 006125 Colleyville Blvd Condon, Jack L 8 Mary D 6100 Ponderosa St Colleyville TX 76034 006100 Ponderosa St Moore, Bobby Family Ltd Prtn 6113 Colleyville Blvd Colleyville TX 76034 006113 Colleyville Blvd Colleyville Commerical Prop 1468 Sandhill Ct Roanoke TX 76262 006114 Colleyville Blvd Hedgcoth, Emest Etux Phyllis 6012 Ponderosa St Colleyville TX 76034 006012 Ponderosa St Pulmonary Pob Ltd 4504 Boat Club Rd Ste 800 Fort Worth TX 76135 006100 Colleyville Blvd Corley, J T Jr 204 Kings Creek Dr Terrell TX 75161 006007 Colleyville Blvd Driscoll, Rich, applicant 6114 Colleyville Blvd. Colleyville TX 76034 006114 Colleyville Blvd Public hearing notices were mailed on Monday, Oct. 27, 2008 by Amy Shelley. Signature O V h 4 *v O h M b a,` a U ~., .~ 4 ti 0 C 4 o~ I .C C C 4. s ti W V V ~.t 0 c~~ or ru~~ Application Community Development Services Application City ofColleyville 100 Main Street Colleyville, TX 76034 817.503.1050 • - ^ Zoning Change ^ Preliminary Ptat ^ Z ing Variance (ZBA) ^ Special Use Permif ^ Final Plaf Sign Variance (SBA) ^ Planned Unit Development ^ Minor Plat ^ Special Exception ^ Site & Landscape Plan ^ Amended Plaf ^ Interpretation Appeal j Project Name: {. ~ ~ ~ r ~,. • -- .a ~-,~ ~ e ~ Project Address (Location): b / / ~'~, / ~ v v~ t_egal Description: ~I! ~Y • ~ . •~ /f ~ ~ Proposed Number of Lois: Gross Acres: 6 ~ y Existing Zoning: Proposed Zoning: Existing Use: Proposed Use: AggliCatfon RegrJtrel?tehts: The applicant is required to submit sulticient information that describes and justifies the proposal. $ee appropriate checklist and fee schedule for minlmum requirements. Incomplete applications will not be processed. 1 /"' Applicant: t Company: ~~ ~ ~ ~ -~ `` r'l S t.o -t. Address:.~(2r/-~- I lam; j/~__~!__v_~ /rte / v~-Tel: ~~ ~ -`/~ ~ l) ~1~ Fax: ~j 7" y/ ~ ~U3.~ City: ~ u Stater ZIP: 7G ~ Email Applreanr'sSra/us: (check one) ^Owner Cy'Representative ~STenant ^ProspectiveBuyer Property Owner: -~ w' 1 ~ ~ l~ #r~e ompany: Address: ~~ D~ ~GtA( ~~ ~ ~. 7e1: Rrl.7-~'-6~~r Fax: City: v Stater ZIP: 7~ 2lag Em il: Ownership Slarus: (check one) O individual ^ Trust artnership orporation $IGNATURE OF APP ANT (SIGN AND PRINT OR TYPE NAME) SIGNATURE: ` ~ Dote: SIGNATURE OF PROPERTY OWNF$ (SIGN AND PRINT OR TYPE NAME) .~ / 1 SIGNATURE: " (letter of authorization i1 signature is other than properly ownert TAe property owner must sign the application or submit a notarized letter of authorization. Rev: p2/07 For DepaAmenfal Upse Onlfy Case k: ~ ~~~~~1110r" ~l Totot Fee(sl: ~ " v ~ Receipt Ir: ` l l ~ ~ J DateSubmilletl: ~O ~ ~~ Accepted By: ~l. Pvblic Hearing Dote: ~, ~ ~ p11 or ~ ~ Ct 00 Maio Street VARIANCE OR APPEAL APPLICATION Colleyville Tx 76034 r~... CHECKLIST s».so3.~oso Please answer the following questions as completely as possible. Failure to outline fully the situation by answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be attached if necessary. Have you filed an appeal or petition on this property before? l?'No i] Yes Have you applied for a building permit? es ^ No ~~~ ~r, ~ • 1. Completely describe the variance you are requesting. ~~~ ~~~_„~,~••w ~~ 2. Do similar conditions exist in the area? Explain. 3. Describe how the unique conditions or circumstances do not result from your actions. ---.-- ..,,..,..~..r..ma....~...___..._~__v w._~ ..~.. _~_ 4. Is there any way to do what you want without this request? d_ _ rv r ~ Acknowledgments I certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing. I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power to dismiss this proposal either at the call of the case or after the hearing, and that such dismissal shall constitute a denial. I reserve the right to withdraw this proposal at any time upon written request filed with the Community Development Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable upon withdrawal of the proposal after public notice. I understand that if the request is approved, I must obtain a building permit from the City before any work is started on the property, and that the Board's action does not constitute the approval of a building permit. Applicant's initials __~~~~~ Date (~: U ~'" Sign Variance Board Application 1. What are we asking for A sign variance for electronic message board. Currently, the ordinance requires that the screen change no more often than once every 5 minutes. We are requesting a variance that will allow us to change the screen no more often than every 10 seconds. We will intersperse time, temperature, date, community service messages and eye care related messages. We would also like to make the messages more visually appealing by incorporating animation into our transitions and messages. We want to make the messages visually attractive and easy to read. Passersby only have 6 seconds of exposure to the message board, by spreading the text over more than one screen we can make the letters larger and easier to read and greatly increase the chance that there is a different message each time a car drives by. With the message changing only every 5 minutes, more often than not, people will see a message that they have already seen thus decreasing the chances they will look again in the future. Increasing the screen change frequency increases the number of messages available to be seen by the public improving the chances that they will see a message that will compel them to check out our office and shop in Colleyville. 2. Do similar conditions exist in the area? Yes, the Colleyville Heritage High School sign employs moving graphics, flashing backgrounds and changes every 2 seconds. 3. Describe how unique conditions or circumstances will not result from your actions. We see no down side to the city by this action, only positives, by increasing the likelihood that Colleyville residents and residents that are transitioning through Colleyville will shop in here. We wish to use our sign [o educate the public about community service and eye care related messages giving them a reason why they should "shop" at our office in Colleyville, instead of just passing through. 4. Is there any way to do what you want without this request? No, next to location, signage is the most important marketing tool for a small business. Having a changeable sign i~ a great tool to get our message out to the public and let them know we are here, what we do and to a great degree, how we do it. After a while static monument signs, though critical tools for small businesses, are ignored by people. They get used to seeing the monument signs and eventually ignore them. If people always took to check the time on the way to work and sometimes see a message about our office or Colleyville, they will know we are here and hopefully when they need an eye doctor they will think of us. The economic conditions have now become uncertain and difficult. Abetter location, better facility and better signage are essential components of our survival plan. ;Secretary Qf State ~ - Filed itt the C)ffiGa Of the sP.©. Box 23897 Secretatry of Stag of Texas Austin, TX 78722.3897 ~ Filing #: 800907301 17!07/2007 '•.Ax: 52z~'~s~-~~ros ~ Proof of Ownership pocurnent ~:1~~+t7sa7ooo2 't Certi#icate cif Fvmtation ~ trnage Generated ~iectronic~tity -~icng Fee:-300 Limited Liabili Corn an ~~ forlNeb 1riling ~. P Y .~ .. __...~._._ _...w..._._...,.:.. , .. ~:...n. :.The fiitng elititjr being formed is a iirtt~ed liab~~ty company. The name of the entity is: Cotlevville Commer~~il Prolherties ~t_iv .___.__ ....._ ......_____._- The iiama of the entky must conhla the vrordo'limi'ted llahil~y Company' ar "Umiked Corripany' or ~an eicciipted abbreviation of aucti terms. Tte name moat not be the same aa, dsceptNely s(rn!!ar to or similar to that of an exEstinq corporate, limited Nobility company, ar limited ~rtnen~hip ;teams on file w+th the secretary of . A preliminary check for "name avafpbil~y' ie recommended. ;;i..!A: The` initial registertd agent is an organization (cannot be company named above) by the name of: ~ . OR ~ i ~ The initial ~registereci agent is an individual residen# of the stthe ate whose name is'set forth below:~~~~'~__......_,....._._.% :':Richard Orisc~oll G. The business address of the registered avant and the registered office add1~E:SS is Street Address: , .. . '446$' Sand Mill Gt. Roanoke TX 78262 ..:~--< The fimhed liability company fs to be managed by managers. _ _. _ .. __ oR ~,YJB. The iimited liatsifity~conipany will not~have mena~ers. Mana~ismant of ttie company is reserved to the momi~ers. The names and addresses of the governing persons are sei forth taetornr. Managing Member t Rtchard anscalt :Ilia Managing Member .. .. ;ad~~~.: 1A~~8 Sand Htll Oourt Roanoke TX, USA ~ 762+E2 .... _ Mana~ng Member 2: tnana ariSCOa __ ....; ,ttie. managing Memaer adare.~: '1468 Sande Mill ~aurt Raanake TX, USA 76262 ~ me purpose for which the company is organized is far the transaction of any and ail lawful business #ar I liability companies may be organized under the Texas Business Qtganizations Gocte. i i '~ ;; i ~(Thr attached addendum, ii any, is rncnrporatad heroin by reFerence.j i j jf t ~i 'i ~~ ~The~~name grid acii ,~daniela Bal~ln x0$3 ,Kolond Blvc#.,.,. Suite 184. Las Ans~eles, CA 84Q28 Actual Sign ~~ y '; ~r~ w ....... ;-; c ~~; ~• ~. ~ '" s J~~. r I IfF. ~ '~ Y.i~ f~~s. III III ~II9i ~ ~ 'r. " ' a = II~ ~ I~i ~ ~ 1 ~ it ~~I ;~ . ,y ~' ~Y L'M` t ~ ~ ~ ~ Y; y _ ~T~ ~ _ :_ ~ ~- ~~ . ` =:~~ ~ .~ -~ ~'y -- ~' ,. . , , r.~ n ~~ k ~'~~ 'a,a ,~~ S r ~ 7 > L~ xs K `w~, 'aa ~ ~' $ RESOLUTION R-08-3036 A RESOLUTION APPROVING AN APPEAL OF THE SIGN BOARD OF APPEALS DECISION REGARDING A VARIANCE REQUEST FROM THE SIGN REGULATIONS FOR LOT 2, BLOCK 1, NORTHSTAR BANK ADDITION LOCATED AT 6114 COLLEYVILLE BOULEVARD NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request of Rich Driscoll, for a variance from Section 7-215(H) - Sign Regulations: Prohibited Signs of the Land Development Code is hereby approved. The existing monument sign located on Lot 2, Block 1, Northstar Bank Addition may scroll electronic messages at intervals that are less than five minutes in length. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Date: _~~~ ~ b SPEAKER CARD I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item N/umber: ~ Ordinance/Resolution Number: ©~ 0~ -~6 ~~- Name: //I/z~~ --,( z ,-n G C Address: /~S~ /~u Leh e. U r--~ > City: ~~~e-~S~ State: _ Zip code: b~s~ Telephone Number: SI-7 ~e ~2-6~,~ Representing: ,J~r?~ organization/self 1 understand that 1 am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "s spend the rules" in order to hear public comments or questions. Signed: ,r ~ , ~- __._ is a Public Record. { ~ _. ~ City of Colleyville 100 Main Street '~ Colleyville, Texas 76034 -.,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1695 File Number: 0-08-1695 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 12/02/2008 Agenda No.: 8a Status: Tabled Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from R-20-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 Attachments: Notification List Zoning Exhibit Location and Zoning Map Future Land Use Plan Existing Property Layout Petition of Opposition Information Received By Applicant Applicant's Request to Postpone November 14, 2008 Request to Postpone.pdf New PUDC Site Plan New PUDC Building Elevations New PUDC Landscape Plan Statement of Planning Objectives Ordinance 0-08-1695 History of Legislative File Version: Date: Acting Body: Action Text: 1 08/25/2008 Planning and Zoning Commission 1 09/16/2008 City Council 1 10/07/2008 City Council 1 10/21/2008 City Council 1 11/18/2008 City Council 1 12/02/2008 City Council Title Approval of a request for a zoning change from R-20-Single Family Residential to PUDC-Planned Unit Development Commercial on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 Explanation Update This item was tabled at the November 18, 2008 City meeting to the December 2, 2008 City Council meeting. Per the recommendation of the City Council, the applicant has revised the rezoning request from the original request of CPO-Professional Office Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district. The applicant has submitted a revised statement of planning objectives, conceptual site plan, building elevations and landscape plan. City of Colleyville Page 1 Printed on 11/24/2008 Agenda Briefing Continued (0-08-1695) R The following information is provided relevant to the request from R20-Single Family Residential to PUDC-Planned Unit Development Commercial along with the attached revised exhibits: Updated Zoning Request. The applicant has submitted a request to rezone .64 acres of land located at 1117 Glade Road. The applicant is requesting to rezone the property from the R20-Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial zoning district. The applicant is seeking a zoning change in order to develop the property for atwo-tenant professional office. The proposed building will contain 5,900 square feet of gross floor area and the applicant is requesting the PUDC allow all uses allowed in the CPO-Professional Office Commercial zoning district. These uses include all general office uses with the exception of medical office uses. Open Space. The PUDC regulations require a minimum 20 percent of the development be reserved for open space. The proposed site plan for the development indicates approximately 31 percent of the total development as open space. All open space will be landscaped and maintained by the property owner. Rear Setback Waiver. The applicant is requesting a waiver to the 25 foot rear building setback requirement for commercial properties that abut residential properties. The applicant is requesting a waiver due to the additional 24 foot right-of-way dedication requirement along Glade Road when the property is replatted. This requirement will reduce the lot depth from the current 161 feet to 137 feet. Landscaping and Trees. The applicant has provided a landscape plan. The plan shows there will be a 20 foot landscape buffer along the rear of the property where it is adjacent to single family residential property and a 15 foot buffer along the east and west property lines. Within the rear landscape buffer, the applicant proposes to plant 9, three (3) inch caliper trees spaced 20 feet apart. Within the two side 15 foot landscape buffers, the applicant proposes to plant four (4), three (3) inch caliper trees along each property line behind the front line of the building. Screening and Buffering. In addition to the 20 foot landscape buffer along the rear of the property, the applicant proposes to construct an eight (8) foot masonry fence along the entire rear property line where it is adjacent to single family residential uses. The applicant requests that no screening fence be required along the side property lines as they anticipate that these properties will be rezoned to commercial in the future. Staff recommends that a minimum 6 foot wood or masonry fence be constructed along the side property lines behind the front building line. Building Elevations. The applicant has provided building elevations of the proposed office building. The elevations have been added to the draft PUDC ordinance. City of Colleyville Page 2 Printed on 11/21/2008 Agenda Briefing Continued (0-08-1695) Access to the Property. The applicant is proposing to construct a driveway that connects to Glade Road. The driveway meets the minimum engineering requirements of the Land Development Code as well as the minimum requirements for fire apparatus access as required by the Land Development Code and has been accepted by the Fire Marshal. The developer will provide a 24 foot mutual access easement along the front of the property to accommodate for future office development in the event the adjacent properties are rezoned to commercial at some point in the future. Lighting. The applicant agrees to provide lighting that will illuminate downward and not toward any residential properties to the rear of the property. Dumpster. The applicant has indicated that they will not have a dumpster on the property and will, instead, utilize a small, hand pickup recepticle for gargage and refuse collection. This restriction has been added to the draft ordinance. Parking. The proposed 5,900 square building would require a minimum of 20 spaces according to the parking regulations in the Land Development Code. The applicant is proposing to provide 23 parking spaces for the property. Drainage. The developer has submitted a drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Professional offices are expected to generate 12 trips per 1,000 square feet of building per day, on average. Based on this average, a 5,900 square foot building would add approximately 71 vehicle trips per day to the surrounding roadways. Update of tabled item This item is a continuation from the October 21, 2008 City Council meeting and must receive a supermajority vote by the City Council in order to be approved. The applicant is requesting that this item be tabled until the December 2, 2008 meeting. Reading and Public Hearing There were two people who spoke in opposition to the request at the October 7, 2008 meeting. The applicant has requested this item to be postponed until the November 18, 2008 meeting. The applicant's request is attached to this briefing. Second Reading and Public Hearing One person spoke in opposition to this request at the September 16, 2008 meeting. City of Colleyville Page 3 Printed on 11/21/2008 Agenda Briefing Continued (0-08-1695) The City Council requested that the applicant provide building elevations of the proposed office. Staff has contacted that applicant and he stated that he would provide the proposed building designs at the October 7, 2008 City Council meeting. The applicant also stated that he met with surrounding property owners on Wednesday, October 1, 2008 to discuss concerns about the rezoning request. At the September 16, 2008 City Council meeting, staff was requested to review the feasibility of a scenario that involves rezoning the five existing Glade Road properties (including the subject property) located between Bedford Road and Riverwalk Drive along the south side of the road from the R20-Single Family Residential district to the CPO-Professional Office Commercial district. Staff has performed an analysis of this scenario and has identified the issues as follows: The setbacks would change from: 30' front, 10' side, 25' rear; to: 40' front, 25' side (if adjacent to residential, otherwise 15'), 25' rear (if adjacent to residential, otherwise 15'). The maximum building height would remain at 35 feet. A 20 foot landscaped greenbelt would be required to be maintained along adjacent residential properties. Additionally, a minimum eight (8) foot wood or masonry fence would be required along lot lines where adjacent to residential. Any trash receptacles would be required to be screened by a minimum six (6) foot wood or masonry fence. In order to comply with the Land Development Code, mutual access easements would be required for contiguous commercial properties at the time of platting as the minimum separation required between commercial driveways along Glade Road is 250 feet. Additionally, ingress/egress will be required for emergency access, which may include a 24 foot fire lane, two points of access or a "hammerhead" fire turn-around. As this rezoning scenario involves a "straight" rezoning from R20 to CPO, all base Land Development Code requirements, including those stated above, would apply with no possibility of waivers or conditions as part of the rezoning approval. When rezoning from a residential to a commercial use on these properties, the following potential impacts may apply: There may be an increase in traffic along Glade Road as commercial uses generate more traffic than residential uses. For example, a 5,000 square foot general office building will typically generate 60 vehicle trips per day, whereas a single family home will generate about ten vehicle trips per day. There may also be an increase in lighting due to the business placing lights for security and parking lot lighting. Finally, there is typically an increase in noise due to more vehicles starting, accelerating onto the street and vehicle doors closing, larger and more numerous air conditioning units, and large garbage trucks emptying dumpsters, which are required for commercial properties. As to whether any of these impacts affect adjacent residential property values, it is very difficult to determine a correlation between decreased property values in single family properties as a result of adjacent commercial development. In researching Tarrant Appraisal District records from 2000 to 2007, staff could find no such correlations. The development trend along Glade Road between SH26 and Bedford Road has been from City of Colleyville Page 4 Printed on 11/21/2008 Agenda eriefinp Continued (0-08-1695) residential to light retail and office on both sides of the road. More recently, the north side of Glade Road between Bedford Road and Riverwalk Drive has seen a transition from residential to office uses. The most recent property to be rezoned from residential to commercial was the property located at 1100 Glade Road, which was rezoned from R20 to PUDC-Planned Unit Development Commercial in October, 2007 to allow an existing single family home to convert to a professional office building. Staff has received approximately ten inquiries in the past year from various realtors and developers regarding rezoning the five properties mentioned above from a residential to an office use. The request by the applicant is the first rezoning request to commercial from residential on any of the properties located along the south side of Glade Road between Bedford Road and Riverwalk Drive. First Reading and Public Hearing Walter James III submitted a request to rezone 0.64 acres of land located at 1117 Glade Road. The applicant is requesting to rezone the property from R20-Single Family Residential to CPO-Professional Office Commercial in order to construct a single tenant office building on the lot. Existing Conditions. The property is currently developed as a single residential lot that contains an existing home. Replat Requirements. Upon approval of the rezoning request, the applicant would be required to make application for a replat per the requirements of the Land Development Code. Upon approval of a subsequent replat, the applicant states the existing home would be demolished and a single tenant office building would be built on the property. Lot Size. The applicant has submitted an exhibit illustrating the existing property boundaries. The CPO zoning district requires a minimum lot area of 7,200 square feet, lot width of 100 feet and lot depth of 120 feet. The property complies with the CPO lot configuration standards of the Land Development Code. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type uses. The proposed rezoning request is not in conformance with the Master Plan. Surrounding Development Trends. The property to the north is zoned PUDR-Planned Unit Development Residential and is developed for single family uses with office uses along Glade Road. The properties to the south, east, and west are zoned R20-Single Family Residential and are developed as single family residences. Public Notification. Staff mailed notices to 12 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received a petition with 15 signatures opposing the request. City of Colleyville Page 5 Printed on 11/21/2008 Agenda Briefing Continued (0-08-1695) Supermajority Vote Requirement. Since the opposition within 200 feet of the subject property exceeds 20%, the request can only be approved by a supermajority vote by the City Council. This request must receive at least six (6) affirmative votes in order to be approved. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the August 25, 2008 meeting by a vote of 5-2. Summary. Although request has been changed to a PUDC, the commercial uses proposed in zoning request do not comply with the Colleyville Master Plan, which recommends office uses for the northern side of Glade Road only and single family residential for the subject property. Financial Impact It has been determined that there is no financial impact. Recommendation Denial City of Colleyville Page 6 Printed on 11/21/2008 Statement of Planning Objectives M. J, WRtGHT & ASSOCIATES, INC. November 6, 2008 Mr. Ron Ruthven, AICP Community Qevelaprnent Coordinator City of Colleyville 100 Main Street Calleyville, Texas 76034 r=t~Art_: ruthvenrC~ci.colleyville.tx.us 8233 MrD-CtTiES BpULEV,0.RD N. RIGHr..RND Htt-r..S "rx 7618q Q F F'1 C E: 817 /268-5555 P'AX. 817i''268-5558 MJ V5/~MJYV R IG HT.+COM' RE: ZONING ARRLICATION: PUD-G 1 117 GLADE ROAD /LOT 3 BLOCK i J COLLEYVILLE T?C In response to the Community Developrrtent Departments requested information, our comments are as follows: STATEMENT OF PLANNING The requirements of this PUD-C zoning have been met, in addition: - We will meet the 20' buffer yard. requirements. - We will tie into future adjoining professional office buildings. - We will construct an 8' masonry fence along the southern property line. - We will meet all codes for standard zoning as directed by City Council, with ar-e exception: We are reque~ing a 20' bu~rng ~fne In ,feu of 25' as rn+e uirill be iosing 24' of property (9.6gb of the total bt1 to right of way dedication for future rtidening of Glade Road. We ir~end to develop a high quality designfiarthis professional office building, which will apt as an attractive, as well as, excellent buffertome residential area, especiaAy when Cdade Road is expanded into a majarthoroughfare. This professional office building will be a law use facility, therefore, having a minimum impact to the surrounding neighborhood. The design of this building will be of residential character. `the Applicants: Classic Concepts, Developer and M. J. Wright & Associates, Inc., Architect, have designed, developed and constructed multiple residential style office style building in Colleyville and surrounding cities. DEVELOPMENT SCHEDULE The Developer's schedule is to begin construction in January, 2009, and complete construction within six (6) months. This will be a single phase development. ECONOMIC DEVELOPMENT INFORMATION This professional office building's owner/tenant is in the law profession and does not have any retail affiliation. TRAFFIC IMPACT RNALYSIS This single professional office building will have minimum impact to the surrounding neighborhood Sincerely, Michael J. Wright, President M. J. Wright & Associates, Inc. NEW PUDC SITE PLAN »>-~ ~L~~~ ~c~~ „w ........-- ~ 89.29'~~ ~ UJ 1`f x.12' MONUMENT 51CxN ~. ,. ..._ ~ 5` Gf~NC ~ ,4L.K _ 5" CUt~1G. E,UA ..,, ~fi' ~--~ Y' ~~ oUC~G ! ~ ~d ^- ._ ~ , ~ I tit r ~' Z ~'`~.~ ` ~!"1` \i \~~1M1 } ^R~VT... \Yf/ .~/li/~ 15/ / `~ it 1V' Y~ ~~1/ ~ ~ '~ a~~~-m ..~ .` .:...:....... ~ , . .. ~L~.p,acK .. ........... . ~~ ~ ~~ ~~ ; W i- ff!/wJ/ YYf/ 4~' FRONT B Kt,Ef/l I~ INC`x LINE ~ .~.r....,... ~ ~ ~ a~VV ~ M s ~ ~ ~ t5 I , ~ a ~ i! ~ ~ 1 f....._,~ ~. ......... ~u~~~~~ ~~~ ~ ~~ ru2~v~T e-20 ZC\ \:`.z -- ~. ~ 8~•28'4~c- ~ ~u 1-~>~.ls' ~~ -, NEW PUDC BUILDING ELEVATIONS m~:~. r ~, ~~ ~ ~~ .~ _ A 1'~ NEW PUDC LANDSCAPE PLAN !il't CxL,4DE RU~4I3 1.~ AREAS SOLID SERMUE~A 6CJC7 ~ 8°~•2$'~.6' i;a s-t- -, 4 ~ x'7 S E O p ~ vl IBI,~TY RIAVCsLE "'' ,«... ,..r. C~1 Gh~rse is~~ohs ~ (2) G'nir~~se ~stac~ ~ _P"a ~ _: ~ ~ ~ '~:~ i 3'-C8 _ {21) C7use~rP ~b~,i~ £241 E~~r I-~aresor 'uni~ e~r 3 -Cxa -C~a l ts~ ai dfll' FSZG\T SU'wGES~Cs LINE ~ _ ,_ t 0121 Ne€! R. vt~ve:,s boll 3-tea £3) ~as~nard oak. C3) Ged~r olm {31 5~mard oak - al £i311^~lelly ~:. 5tev~€~s Fiol {~1 Southern 16ve odic November 14, 2008 Request to Postpone ~REiVI1:6t,R FF~CE ~ UITIGS 1.450 HucHrs ROAll SUITE 101 GRAPEVINES TX 76051 TLLEPEtONE: (817) 481-2626 T. ELEEACSII4tILE: (817) 481.-2623 November 14, 2008 Kon Ruthven Justin D. Bass City of Colleyville Community Development 1()O 1Vlain Street Colleyville, T'X 76034 RT.: 1117 Glade Road Rezoning/Case Z-OS-017 Gentlemen: Please accept this letter as Premier Uffice Equities request tl?..3t: tllc ~~lmove••~~rfr°rer~=~~.d case be tabled for the November 18, 2008, meeting for documentation pw•poses. Should you have any questions, please feel to give me a call. Sincerely, Walter D. James [ll. Cc: Jerry Beane Kogee Beavans Mike Cory Applicant's Request to Postpone PREMIER OFFICE EQUITIES 1450 HUGHES ROAn SUITE 101 GRAPEVINE, TX 76051 TELEPHONE: 0317) 481-2626 TELEFACSIMILE: (817) 481-2623 Walter D. James III October 13, 2008 Ron Ruthven Justin D. Bass City of Colleyville Community Development 100 Main Street Colleyville, 'I'X 76034 RE: 1117 Glade Road Rezoning/Case Z-08-017 Gentlemen: Please accept this letter as Premier Office Equities request that the above-referenced case be tabled for the October 21, 2008, meeting for d~~cumentation purposes. Should you have any questions, please feel to give me a call. Si cerel ...~. Wal :er D. James III Cc: Jerry Beane Roger Beavans Mike Cory Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Horak, Jo L PO Box 395 Colle ville TX 76034 1104 Glade Rd Rc Glade Road Ltd 32 Village Ln Ste 200 Colle ville TX 76034 1120 Glade Rd Eckert, Lar & Linda 5225 Fontaine St San Die o CA 92120 1116 Glade Rd Adler, Keith 1112 Glade Rd Colle ville TX 76034 1112 Glade Rd Grisso, Terance R Etux Candice 1205 Glade Rd Colle ville TX 76034 1205 Glade Rd Rika, Sennear Etvir Ton 1201 Glade Rd Colle ville TX 76034 1201 Glade Rd Lockwood, Dale Etux Katherine 3305 Ashmore Ln Gra evine TX 76051 1117 Glade Rd Robert Salter Famil L 209 W 2Nd St # 377 Fort Worth TX 76102 1105 Glade Rd Ed ell, Keith A Etux Am Beth 1116 Jo Carol St Colle ville TX 76034 1116 Jo Carol Ln Li ett, Ronald Etux Debra 1112 Jo Carol St Colle ville TX 76034 1112 Jo Carol Ln Trachier, Steve Etux Connie M 1108 Jo Carol St Colle ville TX 76034 1108 Jo Carol Ln Peterson, Barbara Lisa 1104 Jo Carol St Colle ville TX 76034 1104 Jo Carol Ln Walter, James III 1450 Glade Rd. Suite 101 Gra evine TX 76051 ap licant Public hearing notices were mailed on Monday, Aug. 11, 2008 by Amy Shelley. Signature i e-~.M.- „,, ,, <~, <.. ~~~~'~ . F r *+,,+..,,,, # ~. ~ F~ i. ~ . c ~ .., _._ ~~ t~ i~ ....,. Future Land Use Plan ~~ S _ ~' ..rte : i i 1 ~,..... Site ~ ~ ~~ r ~;a fi '~, , a~' ~,..._ Y y ~,ry ~~...~...~ ,~ ,~ _ „"..'.. ~ l._.,_ -~ ~.r~_~---_-~ ,~.,~. 1 ~ ~ ``` L,eg~~~d Single Family Multi-Family _' Office ~ ~_. ~ Retail g ~ ~~_ Institutional +~ ~ Industrial i __. .~ _ ,. , , Roa~ivay ..~..J E~~' Utilities r ~~"'"" - Parks Private Open Space Water INFORMATION RECEIVED BY APPLICANT .~ N a~ 0 0 L a Ct5 0 N CQ ti ~~~~~~~~ - !x tF' ~ p~'~{~ ~ ~, o ~° L Uo .. 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LLJ c~ ~.- ~ ~,- ~, N UNN ~~' O~~Oa.~~~.CN Q LL„ _ O U O ~-- ~~•~ ~~ -O I I I Q v .~ ~ a E- .~ Q U N Q U (a L 0 -E-.+ a~ ._ a~ V .~2~ 0 N a~ 0 a~ U_ 0 C~ .O 0 Ct,~ ~. O a~ 4- L -1--+ ~~ ~ .~ a~ ~~ a~ ~ U_ ._ V -- ~ ~ ~. tCS ct~ ~ ~ ~ ~ ~ -- O ~ > ~ .~ ~ ~ Z3 ~ ,4) p ~~ ~ ~ ~ ._ U -~ O ~ c~ c~ Q 71 ._ C~ a~ .~ 4- 0 ~-~+ .~ U c~ ._ U_ -~ 0 v ~-- .~ Ct~ -~-+ 0 0 r U X 0 O .~ .~ a~ 0 -~--+ CCS L ~. .L U_ 0 0 0 r-= .~ c~ CCS U CCU .._ .~ c~ .~ .._ .~ ~- 09/11/2008 10:43 6196456902 PAGE 01 Sep 09 08 06:12p Quir~tera Petition of Opposition 8823254050 p.2 We, the undersigned, pcopet~tr owners in the immediate vicinity of 3.117 Glade Raad. Colleyyille, are opposed to the re-zaRing a'f ],717 Glade Road from a dessgnatipsti of Residential to Commercial, Prp1•essional, Office (CPO. The property at 111.7 Glade Read is directly adjaaettt tv residential properties oKi Jo Carol 5ti+eet and rv! bepeve such a re- zoning wiYl 5ignFfls~rttiy afieCt iao~th the quatfty of Ctfe of residents and property valuesfnr the small r+esidentlal neighborftood that inchides .!a Carp1 Lane and Garry Lyr-ne tlrlve. The CPQ designation wiN allow owners o~Fthe i3i7 Glade Rwd t4 build up to 35 feet and therebyr~bave dlnaCC visual accessto all four afthe directly adjacent residential properties. The impaci.on these properC~ privacy and safEty will cerpinly resuR in devalrsation of these directly adjacent properties aril, as a result afthe aamparatiwe analysis used fi valuing and appraising prt-perties, the surrounding properties on the south side of Jo Caru4 Lane and an Garry L3rnne Drive. fi 2ddition to tfle devaluation ofthe surrounding residential properties, we believe thatthe proposer! re~aDnlreg of 1117 Glade will significantly irnpaCt both noise and t~liTic levels experienced on Glade Raad acid in the surrounding neighborhood. G'nren recent commercial derFeloprnents nn the north side of Glade Read betwoen par Timber Court and Slvebonnet Urnr~, there is signiFicant available office space in the immediate area and currently na need for adtfitional offYce space. b is orer undQrstaruding that adjacent properties on Glade lioad have also inquired about potential re-zoning anril, should 17.17 Glade Road be approved fir a cQfl designatiarr, these properties will lilaely sFek to re-zone to CPO. R this should occur, the entire block of Glade Road that is directly adjacent bo tEte scorch side of Ja Carol [a ne will be developed as commercial property, further iriCneasing the n# of devaluation to crsrrent homeowners, and further intreasireg the trafFac aqd rwisetirat effects our neighboriwod and quality of life . W e respectfitgy askthattiie Collelr+!ille qty Counol deny the requesrtfar re-zoning of 7.~7 Glade Road. •E..w'c~ a.~ Name Addre arne Nam Address :~~~ s-~---•- Address Name Address ~c Page 1 To TNRSTEpp DWS:saao From+i61D:6B29254oso Page t os 3 kcve ox WW~o08 6:11:27 r~u [central ili~ygyM Tlmel on aervor HosFjuc au~u:on 07.29 To TMILSTEAD DNIS;~400 From CSID;61964~6902 Page 1 of 2 RCYD ON 9111I200812;42:~5 PM Central Daylight Time) an Server HOSFAX tlurabon 01.13 09/11/2008 10:43 6196456902 PAGE 02 Sep 09 08 06:12p Quintero 6823254050 p,3 'Name Address Name Address ~` Name ~ ~/ Herne ~~ N~ Ld • ~!'3~`" blame ~' ~ (~ ~~_i: p /,•% rte, ~ yid ! , r' ' f:~ . ~' ~ f~ ~' 1~~~~r :.~ .f ~ _~-. Name Address i ~ ~ ~ ~ o ~.ra. 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No. 449222 Field Notes Description for Lot 3, Block 1, SUNRISE TERRACE, Section One, an addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Volume 388-31, Page 66, Plat Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING in the south line of Glade Road at the northeast corner of Lot 3; THENCE SOUTH a distance of 161.0 feet to the southeast corner of Lot 3; THENCE North 89 degrees 01 minutes West a distance of 175.0 feet to the southwest corner of Lot 3; THENCE NORTH a distance of 158.0 feet to the south line of Glade Road and to the northwest corner of Lot 3; THENCE EAST a distance of 175.0 feet along the south line of Glade Road to the POINT OF BEGINNING. Bearings based on plat of record. Field Notes compiled by Roger W. Hart, R.P.L.S. 4484 from public records. This does not represent an on the ground survey. c:lprgecrsW49221zoninpfieki notes.doc I~~cEIVEd _„ AREA. SURVEYING, INC. ~ ~ ~, ~ Registered Professional Land Surveyors s Page 1 of 1 - ~ 135 Sheffield Drive Voice: 817.293.5684 ~y Fort Worth, TX 76134 Fax: 817.764.2328 i~~~ r...+r««..--.« www.areasurveying.com Zoning Exhibit ~ i .. .. O = 25, ~ ~ ~O g L_ _ 40 0 40 Scales 1' = 40' Glade Road 10' U.E. ~~R: %" ~ 40 B.Lparkinq \~ ~\ Drop, Off,131dq, ~ ~ ~~ 125,o I in 25' _B.L 20' Greenbelt ~ 1"upJ drop, creen~ll i i 5' U.E. ~ S 89° ,1 E 175.0 Prop, Walk O c +~ ~ c ~ ._ •- ~~ ~ - m ., ., ZONING ~XN11311" ~Op ZONING CNANG~ 1~01.~5t ~t?OM p20 TO Cp0 Lot 3, 131ock I, SUN~IS~ ~ppAC~ Section One according to the plat recorded in Volume 388-31, page 66, flat p cords, 1~arrar~t Courtly, Texas, City of Colleyville, Tarrant Courtly, Texas, prepaed 0-// 29/ C8 ~('~ ~ 7~ f:evise'(d 0~8p/ 0~8T/ 08-~~~ ~ ,~ F~ s#<<_ : ~_~;, F'rc~f~s~bcn~x: .cx~cl S i ~ Syr>r. 9 5h~r :,:.~ pP6`JB • hurt rr`a'¢rtit, TX !~-?14^3819 J~ ~ U~c `?.2935a8A « ~ax_8F7,764,~32.8 r ~e~b:are~aurvep4ngsom ORDINANCE 0-08-1695 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 0.64 ACRES ON LOT 3, BLOCK 1, OF THE SUNRISE TERRACE ADDITION, FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-08-017; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan, designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-1695 Page 2 of 5 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of .64 acres on Lot 3, Block 1, of the Sunrise Terrace Addition, from the R20- Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map; Exhibit "B", labeled Conceptual Site Plan; and Exhibit "C", labeled Building Elevations. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for a professional office building. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The layout of the development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the final replat. b. The developer shall submit and receive approval from the City, a final replat in accordance with the requirements of the Land Development Code prior to development of this PUDC. Ordinance 0-08-1695 Page 3 of 5 3. PERMITTED USES a. Uses allowed in the CPO-Professional Office Commercial zoning district. 4. COMMERCIAL BUILDING ELEVATIONS a. All structures shall be generally consistent with the building elevations, attached as Exhibit "C" as shall, otherwise, meet the minimum building design requirements of the CPO-Professional Office Commercial district. 5. COMMERCIAL LOT REQUIREMENTS AND SETBACKS The subject commercial lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size b. Minimum Lot Width c. Front Building Line d. Side Building Line e. Rear Building Line 20,000 square feet. 175 feet. 40 feet. 15 feet. 20 feet. 6. SCREENING AND LANDSCAPING a. An eight (8) foot masonry wall shall be constructed and maintained along the rear property line adjacent to single family residential used properties prior to issuance of a certificate of occupancy. b. Nine (9) trees, measuring at least three (3) inches in caliper and spaced a minimum of 20 feet apart shall be planted within the 20 foot rear greenbelt. c. Four (4) trees, measuring at least three (3) inches in caliper, shall planted within each 15 foot side greenbelt. d. A minimum six (6) wood or masonry fence shall only be built along both side property lines adjacent to property used and/or zoned as single family residential. The fencing shall not extend beyond the front line of the main structure. The fencing shall not be required upon a change in zoning or use to commercial on the adjacent properties. e. All landscaping shall meet the minimum requirements of Chapter 4 - Landscaping and Buffering in the Land Development Code, except where amended herein. Ordinance 0-08-1695 Page 4 of 5 7.OPEN SPACE a. This development shall provide not less than 30 percent common open space, which shall generally be configured as shown on Exhibit "B". All open space areas shall be landscaped and maintained by the property owner. 8. SIDEWALKS a. Sidewalks, five (5) foot in width, shall be required along Glade Road and installed prior to issuance of a Certificate of Occupancy. 9. OTHER a. The building shall be limited to one-story and allowed no more than two (2) tenants at any given time. b. A 24 foot mutual access easement shall be provided along the entire front of the property to allow for future connectivity to the lot. c. No dumpster shall be placed on this lot, for any purpose, including for garbage, refuse, or recycling. d. Lighting along the rear of the building shall be limited to security lighting, not to be a nuisance to adjacent residential properties. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-08-1695 Page 5 of 5 Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map ~ ~,1Cc '1f CL 'M}< .1116 11~':~ ~` ~_ ~.r ' ..~ ~ ~ ~t, ~ .. ~ 4 ... ( _._. : -r~~_R ~~,~~ 7 - ,, y , >, -,._ _ _ T ~~It (f~ '~it_t ~~~r~ ••.9;! 919 - 1llT '.25 ~ ~t~ ~ t',ft r~ f 91E't! ^10>i ~ tl"' '' 111 °~~a~ _.-~_ ~ia~ ~ ~._~ ~ i t Yrt U : ~lDl i _ j I C'~ ~m ~ 11 ~~~ i i ~i ft- a I ":"' `92 111o t yJ ~ ~~~~ ~' PUDC 4, EXHIBIT "6"- Conceptual Site Plan 11'"~ ..t ~' ~i rv ~ ~~~ ~~~i4M ~ ~~~.~~ ~ ~~ '~' `~,. ~~ ~) ~;.~ c~~ .;~~,'„ ttl t""" i~ ~~ ~. ._ ~ _..~ EXHIBIT "C"- Building Elevations n !o- `_::_ `'-"~" City Hall (j ~ City of Colleyville 100 Main Street ~` ~ ~ Colleyville, Texas 76034 r:...~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1696 File Number: 0-08-1696 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 12/02/2008 Agenda No.: 8b Status: Tabled Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 Attachments: Applicants Request to Withdraw Applicant's Revised Request Revised Zoning Exhibit Applicant's Request to Postpone Location and Zoning Map Future Land Use Plan Notification List Letters of Opposition Letter of Support Statement of Planning Objectives Neighborhood Letter Small Lot Development Comparison Original Zoning Exhibit Entry Exhibit Ordinance 0-08-1696 History of Legislative File Version: Date: Acting Body: Action Text: 08/25/2008 Planning and Zoning Commission 09/16/2008 City Council 1 10/07/2008 City Council 1 10/21/2008 City Council 1 11/05/2008 City Council 1 12/02/2008 City Council Title Approval of a request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 Explanation Update The City Council voted to table this item until the December 2, 2008 meeting. The applicant has submitted an email requesting to withdraw the case. The City Council may vote to accept the withdrawal, or vote to approve or deny the ordinance. Tabled 11/5/2008 The City Council voted to table this item at the October 21, 2008 meeting to the November 5, 2008 meeting. City of Colleyville Page 1 Printed on 11/2M2008 Agenda Briefing Continued (0-08-1696) The applicant has submitted a revised conceptual site plan (attached). The following are the changes reflected on the revised plan: • The applicant has reduced the total residential lots from 31 to 30, thereby reducing the residential density from 3.7 dwelling units per acre to 3.5 dwelling units per acre. • Total residential open space has been increased from 25.7% to 26.6%. • The 20 foot rear building setback and landscape buffer for lots along the western boundary of the development (Lots 6-18, Block 2) has been increased to 25 feet. • The two driveways serving the proposed offices were spaced further apart. This meets the minimum requirements of the Land Development Code. Additionally, the applicant has requested the following changes to the draft ordinance: • The applicant has requested that the option of building a 10 foot cedar fence on Lots 17, 18 and 19, Block 2 be removed from the ordinance. • The applicant has requested that the requirement that the homes built on Lots 17 - 19, Block 2 be restricted to one story residences be removed from the ordinance. These changes, along with the revised conceptual site plan, have been added to the PUDR ordinance. No other changes to the original proposal have been proposed. Reading and Public Hearing There were six people who spoke in opposition to the request at the October 7, 2008 meeting. The applicant has submitted a letter requesting to postpone this request to the November 5, 2008 meeting. The letter is attached to this briefing. Second Reading and Public Hearing One person spoke in opposition to this request at the September 16, 2008 meeting. At the September 16, 2008 City Council Meeting it was requested that staff review the overall traffic impact of the proposed development. The two entrances proposed for the development along Hall Johnson and Pool Road meet the minimum development standards required by the Public Works Department and the Land Development Code, which requires a minimum distance from a street intersection of 180 feet (the proposed entrance on Hall Johnson is approximately 200 feet from the intersection of Pool Road). Additionally, the total trips generated, accounting for 17,700 square feet (the maximum amount proposed by the applicant) of medical office space, does not exceed the 1,000 trip threshold for the City of Colleyville Page 2 Printed on 11/21/2008 Agenda Briefing Continued (0-08-1696) requirement of a traffic impact analysis as required by the Land Development Code. There is currently an average daily traffic count on Pool and Hall Johnson Road of approximately 15,000 vehicles per day. The total maximum vehicle trips that could be produced by this development as proposed is 934 vehicle trips. Therefore, if the traffic produced by the development were to be split evenly between Hall Johnson and Pool Road, it would account for a daily increase in traffic on both roads of approximately 467 vehicles, or 3.1 %. In comparison, the Creekside at Colleyville development, located at the southwest corner of Glade Road and Heritage Avenue, and approved by the City Council in November, 2007 will produce (if developed as approved) approximately 1,782 vehicle trips on the north side and 2,131 trips on the south side of the development resulting in a total of 3,913 vehicle trips generated. A traffic impact analysis was required due to the large amount of vehicle trips generated by the development. As the increase in traffic onto Glade Road (which contains only two lanes in each direction) was projected to be approximately 10% above existing traffic volume, the traffic impact analysis recommended that there be no access to Glade Road from the development. The development was approved contingent upon there being no entrance from Glade Road. Concern was also voiced about the entrance to the development from Hall Johnson Road given the existing median opening directly across from the proposed entrance. Staff has consulted with the applicant about requiring this entrance to have right-turn access only for ingress and egress, thus prohibiting alert-turn into and out of the development from this entrance. The applicant has indicated this would be acceptable, if so directed by Council as a condition of approval for the development. Additionally, the applicant has agreed to reduce the amount of medical office uses permitted as part of the development in order to reduce the amount of traffic generated if requested by the City Council. Although not required by the Land Development Code, the City Council may, as a condition of approval, require the applicant to provide a traffic impact analysis prior to final plat approval of the development. First Reading and Public Hearing Curtis Young has submitted a request to change the zoning of 10.4 acres, located at 5500-5700 Pool Road. The applicant is requesting to rezone the property from the RE-Single Family "Estate" Residential zoning district to a PUDR-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 31 single family residential lots, four open space lots and three commercial lots that will contain three professional office buildings. Existing Conditions. The subject property is currently platted as four lots. Lot 4 is currently developed with a single family residence. The remaining lots are currently vacant. The residence will be demolished as part of the development of the subdivision. Approval of a preliminary and final plat will be required upon approval of the rezoning request. Master Plan. The Future Land Use Plan designates the subject property for single family residential uses. Approximately 1.98 acres of land is designated for office use. The portion designated for office use is proposed to be located along the north and east portion of the City of Colleyville Page 3 Printed on 11/21/2008 Agenda Briefing Continued (O-OS-1696) property adjacent to Pool Road. The remaining approximately 8.42 acres is designated for single family residential use. The residential portion of the rezoning request is consistent with the Future Land Use Plan while the commercial portion is not. The 1.98-acre commercial area along Pool Road that is proposed for CPO-Professional Office Commercial district uses, with the inclusion of physician, dentist, optometrist, and chiropractic uses as well. This 1.98 acre portion of the request does not conform to the Future Land Use Plan, which is designated as future residential use only. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The 2004 Colleyville Master Plan states that densities higher that 1.8 units per acre would be acceptable in those areas deemed consistent with sound land use planning principles, such as a transitional area situated between commercial uses and less dense residential developments, or near major street intersections. The proposed development would be situated between an existing office use located to the east across Pool Road in Grapevine and, to the west, the Oak Creek subdivision in Colleyville, which is developed at a residential density of 1.7 dwelling units per acre. The proposed development of 31 residential units on the 10.4-acre property will produce a residential density of 3.7 dwelling units per acre. The proposed residential density is comparable to other approved small lot PUDR developments within the City. The Small Lot Development Chart, attached to this briefing, provides a comprehensive listing of recently approved developments with residential densities that exceed 1.8 dwelling units per acre. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet and lot depth of 120 feet. The proposed lot sizes are as follows: Minimum Lot Size Minimum Lot Depth Minimum Lot Width Front Building Line Side Building Line Minimum Building Separation Side Building Line Along Street Rear Building Line 6,400 square feet 115 feet 56 feet at the building line 15 feet 3 and 7 feet 10 feet 10 feet 10 feet, 20 feet for lots adjacent to Oak Creek Subdivision Open Space. The PUDR regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The proposed site plan for the development shows 26.4 percent of the total development as open space. The open space areas include three ponds with a 5-foot concrete walking trail adjacent to the pond located toward the center of the development. Other amenities include at least two benches along the walking trail, landscaped open spaces, and the preservation of the drainage easement along the southern boundary of the property. The locations of the features are depicted on the PUDR site plan (see attached copy). All of the open spaces will be landscaped and maintained by the Homeowner's Association (HOA). Retention Ponds. The current PUDR regulations limit the amount of open space area that City of Colleyville Page 4 Printed on 11/21/2008 Agenda Briefing Continued (0-08-1696) can be used for retention or detention ponds to a maximum of 25 percent of the open space. The applicant states that the ponds will not exceed this requirement. The PUDR regulations require each retention pond to include at least one aeration device. The applicant intends to install a fountain in each pond. City Entrance Sign. The intersection of Hall Johnson Road and Pool Road is a major gateway into the eastern portion of the City approaching from Grapevine. In 2000, the City purchased 4,771 square feet of property, located on the southwest corner, adjacent to the subject property, for the purpose of an entrance marker to be placed in the future. This property was deeded as part of the Hall Johnson and Pool Road right-of-way to the City. The developer has agreed to construct a sign within this portion of the right-of-way and has submitted an artist rendering of the proposed sign. However, the final design of the entrance marker will be dependent on the recommendations of an entry way and way finding study. The developer is aware of this study. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. According to the Colleyville Pathways Plana 10-foot wide concrete trail is required to be built along Pool Road as part of this development. There is an existing 5-foot sidewalk adjacent to Hall Johnson Road that will remain on the property. The developer will also construct a five foot wide internal pathway along a portion of the open space areas as an amenity for the development. The internal pathway will be constructed with concrete. The developer has indicated that the HOA will maintain the sidewalks and pathways within this development. Fences, Walls and Screening. The developer proposes to construct a six foot masonry fence along the portion of the residential lots adjacent to Hall Johnson and Pool Roads. A six foot wrought iron fence is proposed to be built along the side and rear property lines of the residences adjacent to the drainage easement located at the southern boundary of the development. An eight foot cedar fence is proposed for most of the western common property line with Oak Creek subdivision. The developer has reached an agreement with Oak Creek in which the existing fence can be retained or a new fence constructed, depending on the adjacent Oak Creek resident's preference. Staff recommends construction of a new 8-foot cedar fence for this entire length of the property line. The three most northern lots along the western boundary are proposed to be constructed with a ten foot cedar fence to account for a grading change. As part of the screening requirement between office and residential uses, an eight foot masonry panel fence will be built along the rear property lines of the residences where they abut the proposed office development. Access. The residential portion of the development will have primary access on the north side of the project from Hall Johnson Road and on the east side from Pool Road. The commercial portion of the development will only have access from Pool Road. Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon approval of the final plat for the property. The survey and mitigation plan shall be drawn and submitted according to the requirements of Chapter 5-Tree Preservation of the Land Development Code. City of Colleyville Page 5 Printed on 11/21/2008 Agienda Briefing Continued (0-08-1696) Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site retention. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting process. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 31 lot development would add approximately 297 vehicle trips per day to the surrounding roadways. Single tenant office buildings are expected to generate 12 trips per 1,000 square feet of office use. Medical office uses are expected to generate 36 trips per 1,000 square feet of office use. Based on this average, 3 office buildings, each 5,900 square feet in size, would add approximately 212 trips per day for general office and 637 trips for day for medical office uses. Therefore, the total trips averages may vary from as little as 509 trips to a maximum of 934 trips based on which type of office use is developed. Surrounding Development Trends. The surrounding properties represent a variety of uses. The property to the north is zoned AG-Agricultural and is developed as a church. The properties to the west are zoned R20-Single Family Residential and are developed as single family homes. The property to the south is zoned RE-Single Family "Estate" Residential and is developed as a single family home, and the property to the east, located within the City of Grapevine, is developed as a broadcast studio. Public Notification. Staff mailed notices to 27 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one letter of approval and 11 letters in opposition along with a petition containing 13 signatures in opposition to this request. Supermajority Vote Requirement. Since the opposition within 200 feet of the subject property exceeds 20%, the request can only be approved by a supermajority vote by the City Council. This request must receive at least six (6) affirmative votes in order to be approved. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the August 25, 2008 meeting by a vote of 7-0. Summary. Given the proposed office uses, the proposed zoning change is not completely consistent with the Future Land Use Plan, which designates the entire area proposed for City of Colleyville Page 6 Printed on 11/21/2008 Agenda Briefin_g Continued (0-08-1696) this development as single family residential. The property to the east, in the City of Grapevine, is developed for commercial and office uses. As such, given the location of this development at the intersection of two major streets and the presence of commercial land uses immediately to the east, this development is consistent with the solid land use planning principles recommended by the Master Plan for developments located near transitional areas and major street intersections. While the proposed development exceeds the residential density of 1.8 dwelling units per acre, the location of the development is appropriate for this type of higher density residential development. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the conditions stated within the draft ordinance. City of Col/eyville Page 7 Printed on 11/21/2008 Applicant's Request to Withdraw Ron Ruthven From: Curtis Young~~~~ Sent: Monday, November 17, 20A8 1:35 PM To: David Kelly; Jon Ayers; Carol Wollin; Tony Licata; Stan Hall; Tom Hart; Mike Taylor Cc: Ron Ruthven; Rob Ward; Kelly Cooper Subject: Catalonia Members of the Colleyville City Council and City Staff: Regarding the Catalonia Zoning Case: Thank you very much for the more detailed input at the last meeting; we feel like we now have a better understanding of how you would prefer for us to proceed, and have been attempting to use that input to develop a revised plan which is both responsive to that input and makes for a viable development. While we know each councilmember has their own thoughts and each of you may differ somewhat from your colleagues, in general what we heard was: 1) The office use may be an acceptable part of the plan, and possibly even desirable as a buffer use at the corner, but you wouldn't mind if we were to reduce the number of buildings/ square footage somewhat. 2) While understanding that a certain minimum number of lots/ office area is required to make for a viable development, you asked that we come up with an arrangement to especially address the size and number of those lots that touch the adjacent Oak Creek Estates; i.e. either increase the size of lots adjacent to that boundary or reduce the number of lots along that boundary to an number fewer than the 13 we're currently showing there, closer to the 8 Oak Creek lots currently along that boundary. After the meeting, we had a conversation with many of the neighbors present to discuss possibilities. Although I believe we are closer to a solution, we would like for it to be a solution most can support. Based on those conversations, however, it became apparent that more time will be required, for emotions to die down, before we can thoughtfully re-engage in a dialog with all involved, to that end. At the same time, we want to be mindful of your instructions to not ask for another amble; therefore, we have arranged for more time with the property owners and decided to withdraw the current zoning case, with the intention of continuing to work toward a concept plan. addressing your input and, hopefully, one which is more supported by our neighbors. We will report on our- progress as it is made, and- as it will no longer be an active zoning case- would appreciate the ability to communicate. with each of you as we go forward. Thank you and feel free to contact me with any additional input you may have- Curtis W. Young, AIA Sage Group, Inc. 1130 N. Carroll Avenue, Suite 200 Southlake, Texas 76092 Tel: 817-424-2626 (Metro) Fax:817-424-2890 Cell: 817-909-0909 Email: Applicant's Revised Request Ron Ruthven Froe~3 Curtis Young Sent: Friday, October 24, 2008 7'25 AM Td Ron Ruthven Cc: 'Aaron Hunsaker' Subject: Catalonia Plans Attachments: 081022 Office with 30 Lats:pdf Ron: Please find attached PDF of the plan we discussed, for your review. As for the restrictions along the western boundary, where we now differ from the previous submittal is: -No restriction on 2 story homes -Lots still would have the_restriction against 2"d floor windows facing west. -There is a new 2S' setback an the Plan, along the western boundary. Thanks- Curtis W. Young, AIA Sage Group, Inc. 11~ON. Carroll Avenue, Suite 200 Southlake, Texas 76092 Ted: 817-424-2626 (Metro) Fax. 817-429-2890 Cell: 817-909-0909 Email: ~~r Applicant's Request to Postpone _~ ~.. From: Rob Ward Sent: Monday, October 13, 2008 12:26 PM To: Justin Bass Cc: Subject: Pool 8~ k~all-3ohnson zoning case City Staff and Council, We would like to formally request to postpone our zoning case and move it from the October 21st meeting to the November 5th meeting. We need additional time to develop and evaluate alternative scenarios to our plans based on the most recent feedbnck from the Council. Regards, Rob Ward Reward Deve{opment, LLC Location and Zoning Map 58D7 5901 5804 5802 5a03 58D5 20D0 2464 24D0 2500 59oD 5aD3 AG 0 _~\ ~ 25D3 2507 City of N N ~+ 2509 r .Grapevine 5° ~ STCD $It@ 57D4 2500 250'i~ 05 250.5 2505 2509 S 1504 570? 5004 57D0 501'' 2503 ~~eoe 5eo5 5e6D "SDaa REEKSI 50D3 DO 2402 2464 5002 2aoa 5eo6 5aD1 RE 5500 5508 5509 01 2403 12407 2403 5500 55D7 `5505 5504 QU Y 00 2402 2404 2400 5503 5480 700 1702 2704 2800 2802 2804 2800 2a0 5502 5500 5501 2703 2705 01 24D7 2403 .. Y5p2 0 2504 2500 200D 2002 2004 5500 2805 2807 2809 2 5 0 2405 2408 5402 2700 2702 2800 29D2 PUD R 00 24D2 2404 2400 5400 5405 5400 5405 5400 2804 2709 2501 2703 2801 2806 ~` 2409 2803 5404 ~- 5404. 5403 5404 5403 5310 5311 2 2809 805 401 \' '403 2403 2406 ZBDO 5308 5309 2807 2 54D2 4 5401 5308 Future Land Use Plan Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Highland Meadows Christian Ch 2600 Hall Johnson Rd Colleyville TX 76034 2600 Hall Johnson Rd Gra , Travis P Etux Kathleen 5801 N Ballantrae Dr Colleyville TX 76034 5801 N Ballantrae Dr Przano, Anthony P Etux D Dawan 2509 Ballantrae Dr Colle ville TX 76034 2509 Ballantrae Dr Pennington, David F Etux Marie 2516 Hall Johnson Rd Colleyville TX 76034 2516 Hall Johnson Rd Colle ville, Cit Of 100 Main St Colle ville TX 76034 Pool Rd Baca, Richard Jr Etux Patricia 4509 Stafford Dr Colleyville TX 76034 5700 Pool Rd Cohen, Allison & A F Wullaert 2502 Kings Ct Colle ville TX 76034 2502 Kings Ct Pearson, Patrick L & Celestine 2500 Kin s Ct Colle ville TX 76034 2500 Kin s Ct Lucart, Sean T Etux Linda A 2504 Kings Ct Colleyville TX 76034 2504 Kings Ct Baca, Richard Jr & Patricia J 4509 Stafford Dr Colleyville TX 76034 5604 Pool Rd Thompson, Dwight E Etux Beth L 2503 Kings Ct Colleyville TX 76034 2503 Kings Ct Yin, Hai-Kuang Etux Nanyi 2501 Kings Ct Colleyville TX 76034 2501 Kings Ct Sanders, Billie Jo ce 5500 Pool Rd Colle ville TX 76034 5600 Pool Rd Henderson, Gary R Etux Julie 5605 Winding Trl Colleyville TX 76034 5605 Winding Tr Intfen, Christopher Etux Mara 5603 Winding Trl Colleyville TX 76034 5603 Winding Tr Sanders, Billie Jo ce 5500 Pool Rd Colle ville TX 76034 5500 Pool Rd Levasseur, William Etux Leah J 5601 Winding Trl Colleyville TX 76034 5601 Winding Tr Wampler, Bill J Etux Mimi M 5509 Winding Trl Colleyville TX 76034 5509 Winding Tr Dozier, Charles Etux Mickie 5505 Dusty Ct Colleyville TX 76034 5505 Dusty Ct Head, Patricia D 5507 Dusty Ct Colleyville TX 76034 5507 Dusty Ct Molina, Oscar Etux Claudia 5486 Pool Rd Colleyville TX 76034 5486 Pool Rd Irion, Robert Etux Leeann 5503 Dusty Ct Colleyville TX 76034 5503 Dusty Ct Austin, Don Etux Mary B 2700 Summertree Ln Colleyville TX 76034 2700 Summertree Ln L nch, Geor e C Etux Laurel 2702 Summertree Ln Colle ville TX 76034 2702 Summertree Ln Trinity River Authority Of Tx PO Box 60 Arlington TX 76004 Pool Rd Humiston, Mark M Etux Beverl 5501 Dust Ct Colle ville TX 76034 5501 Dust Ct 1130 N. Carroll Ave. Young, Curtis, applicant Suite 200 Southlake TX 76092 applicant Arbor Estates HOA 5506 Sycamore Dr. 2705 Summertree Colleyville TX 76034 courtesy notice Summertree HOA Ln. Colle ville TX 76034 courtes notice Public hearing notices were mailed on Monday, Aug. 11, 2008 by Amy Shelley. Signature Amv Shelle Letters of Opposition From: Doug Harpe Sent: Friday, Augus To: Amy Shelley Subject: Z-08-018 I've reviewed some of the details about the planned zoning change at Pool and Hall Johnson as outlined in the P&Z packet documentation available on the Colleyville website for P&Z case Z-08-018. I believe that the population density of the plan is way too high for this area. We are still waiting to see what the traffic results will be from the development of the old "plant shed" area along Hall Johnson. I also believe that a formal traffic study is required based on the proposed population density. Also the addition of Professional Office buildings (especially if used for Medical) at that corner is, in my opinion, a really bad idea. The population density proposed will be more like some of the areas in grapevine and Euless and I really don't want to drive past that every day to get to my home, not did I plan on that density when I purchased my home in Colleyville. I believe the net effect of this development will lower property values in our community and more specifically lower property values for me personally. I am outside the 200 ft notification area but am within a 500 ft notification area. Please consider this my official opposition to Zoning Case Z-08-018. Thanks for your time, Doug Harper 2405 Whitehaven St. N. Colleyville, TX 76039 817-329-5999 P.S. The Highland Meadows Homeowners Association was not on the notification list even though we have properties affected by this proposed change. 1 Amy Shelley From: Sent: Monday, August 25, 2008 6:48 AM To: Ron Ruthven; Amy Shelley Subject: My Address included[Fwd: Zoning Case # Z-08-018j >From: __ >Date: 2008/08/18 Mon AM 10:41:10 CDT >To: shelleya@ci.colleyville.tx.us >Subject: Zoning Case # Z-08-018 >Commission, >I would like to once again oppose any type of "Planned Unit Development" at this location. The zoning exhibit seems more like an apartment complex. Most of my homes living area and windows face toward the location in your notice. I am sure my property value would suffer and it would not be as appealing to prospective home buyers as a result. >Thank you, >Anthony Przano 2509 Ballantrae Drive Colleyville, TX 76034 i Page 1 of 1 Amy Shelley From: Glenn Holt Sent: Saturday, August 23, 2008 3:44 PM 70: Amy Shelley Subject: Zoning Case Z-08-018 I am opposed to the medical buildings being proposed. Glenn Holt 6400 Kenshire Ct. Highland Meadows. 8/25/2008 Aug. 22, 2008 Honorable Members Planning and Zoning Commission City of Colleyville, Texas 100 Main Street Colleyville, TX 76034 RE: Rezoning Request for 5500, 5600, 5604 & 5700 Pool Road Wildwood Estates Addition Dear Members, We, the Undersigned, residents of Colleyville living within 200 feet of the request, would like to express our deepest concern and oppose the proposal with regard to the above referenced rezoning request for the following obvious reasons: 1. The proposed change is not the best use of the property; 2. It will greatly impact home values in a negative way in the surrounding area and overall property values of the City, 3. In light of current status of economy and unstable housing market, and similar developments in the close proximity, the proposed development appears to be risky and unlikely to be successful, leaving another valuable Colleyville land wasted/abandoned. 4. Keeping referenced properties zoned as is, single Residential Estate, will preserve the environmental conformity of the surrounding area and the rustic, family oriented community reputation by which Colleyville is known. Please accept this letter as our opposition and protest to the proposed request. Your considerations are sincerely appreciated. Respectfully, Frank Yin and wife Agnes Yin 2501 Kings Coun Colleyville, TX 76034 Page 1 of 1 Amy Shelley From: Pat Gray Sent: Monday, August 25, 2008 8:50 AM To: Amy Shelley Cc: ruthvenr~colleyville.tx.us Subject: Zoning case number Z-08-018 Please consider this email as written protest to the proposed zoning change of property located at 5500-5700 Pool Road (Lots 1A, 2, 3, and 4, Block 1, Wildwood Estates Addition. The subject properties current zoning is RE -Residential Real Estate and requested zoning is PUDR -Planned Unit Development Residential. My property is located at 5801 North Ballantrae Dr. and is within 200 feet of the subject property. I believe that this zoning change and proposed development will adversely affect the quiet enjoyment of my property and unnecessarily increase traffic levels in the area. T. Patrick Gray Executive Vice President TIB -The Independent BankersBank 972-650-6060 (Direct) 972-541-2211 (Fax) This message and any files transmitted with it are proprietary and confidential.They are intended solely for the use of the individual or entity to whom they are addressed. If the reader of this message is not the intended recipient, please notify the sender immediately and delete this message. Distribution or copying of this message is prohibited. 8/25/2008 September 25, 2008 Ron Ruthven, Community Development Coordinator 100 Main Street Colleyville, TX76034 Re: Re-zoning request for Pool Road /Hall Johnson; Addresses 5500, 5604, and 5700 Pool Road Planning and Zoning Committee Members: The home owners of Oak Creek Estates are strongly opposed to the PUD request to develop the above referenced acreage. This particular development plan would have a great negative impact of otu neighborhood. We do not want to live by a "transitional neighborhood" with zero lot patio homes and commercial buildings. Why should we want our homes to go down in value? This developer's plan is way too dense for the ten and a half acre parcel. There is no additional green space, except what is required for retention ponds and the run off drainage. The thirty-two homes and three commercial buildings would add about two hundred cars to the heavy congestion at the intersection of Pool Road and Hall Johnson. This is a bad plan for our neighborhood and for the other residents in Colleyville. Vote no to this zoning change and stop this developer from ruining Colleyville. The Residents of Oak Creek Estate ~~ l~~ RECEIVED ¢:. ..~_~ Pei ............. September 25, 2008 CQ.~~~,~ a5o N +~~s Cfi• r ~°~ ~~ ~"t+~ ~.~t i f ~~~~ ~~~- Page Two Am SheNe~' From: Sent: Monday, August 18, 200810:41 AM To: Amy Shelley Subject: Zoning Case # Z-08-018 Commission, I would like to once again oppose any type of "Planned Unit Development" at this location. Most of my homes living area and windows face toward the location in your notice. I am sure my property value would suffer and it would not be as appealing to prospective home buyers as a result. Thank you, Anthony Przano MACILEY REAL ESTATE TRUST 2800 Glade Road Colleyville, TX 76034 City of Colleyville August 19, 2008 Planning & Zoning Commission 100 Main Street Colleyville, Texas 76034 Dear Members, This letter is in response to the sign placed on the corner of the property on the southwest corner of Hall-Johnson and Pool Road requesting a zoning change. Maciley Real Estate Trust is a Trust that has purchased several properties in Colleyville, including 5810 Pool Road and 2800 Glade Road. We object to the proposed "condos" and commercial office space that have been presented by a developer in anon-transitional area. The City of Colleyville should stay focused on zoning approvals that are going to increase our tax base for the City, not just for the sake of development. The Trust has been purchasing properties in Colleyville in hopes that the City would be interested in larger estate property developments. If the City of Colleyville continues to make approvals, like the Heritage Development, then Maciley Real Estate Trust cannot support buying real estate in Colleyville as the City is not interested in increasing property values. Regards, Maciley Real Estate Trust ,~'~~l!!,' T~ Russell GTroy -Trustee Page 1 of 1 Amy Shelley From: Kevin Kline Sent: Tuesday, August 26, 2008 4:07 PM To: Amy Shelley Subject: Protest Against Zoning Case Z-08-018 Amy- Please register this as our written notification of protest against the zoning change request listed below. We are not able to attend any of the upcoming meetings but we are very much against this request to allow for 3.67 homes/acre on this site. Colleyville is nice because we have always required .5 acre/home lot. Zoning Case Number: Z-08-018 Applicant: Curtis Young Location: 5500-5700 Pool Road Property Description: Lots 1A, 2, 3 and 4, Block 1, Wildwood Estates Addition Present Zoning: RE-Residential Estate Requested Zoning: PUDR-Planned Unit Development Residential Thank you very much - Kevin & Megan Kline 2200 Welsh Circle Colleyville, TX 76034 8/26/2008 Page I of 1 Amy Shelley From: Gaye Wimmer Sent: Tuesday, September 16, 2008 1:58 PM To: Amy Shelley Subject: Fw: City Council Meeting 9/16/2008 ----- Forwarded Message ---- From: Gaye Wimmer To: shelley@ci.colleyville.tx.us Sent: Tuesday, September 16, 2008 1:38:08 PM Subject: City Council Meeting 9/16/2008 City of Colleyville Council Members: My husband and I can not be at the public hearing tonight regarding the zoning changes for the corner of Hall Johnson and Pool Road. Unexpectedly my husband had to travel to Washington DC and I have to take care of our two small children. This does not mean that we are not very concern about the impact of the proposed development would have on our lives and neighborhood. I have met with Mr. Ward and Mr. Young three times, and have come to the conclusion that the proposed thirty- eight houses and three commercial buildings is too dense for this neighborhood. Traffic on this corner is hideous in the morning because all of the parents dropping their kids off at three different schools along Pool Road. The flow of traffic is slowed by the twenty mile an hour speed limit, 7:30 am til 8:30 am, and then again from 2:30pm til 3:30pm. The city planner, Mr. Ruthven estimated just over 500 added trips per day to this intersection. I believe that this is a gross under estimation because Mr. Ward has included doctor offices for tenants. I think general traffic standards the city uses to evaluate this intersection is not sufficient to determine the impact of the traffic from this development. With the twenty a mile speed limit, coupled with people commuting to work and dropping their kids off at school, there needs to be a more detailed traffic study done. Mr. Ward is using the water overflow wash for the mandatory twenty-five percent green space the city requires for PUD zoning. I don't think this should be allowed. It is bad enough have the zero lot lines, but then to not have any green space were dogs and kids can play. A drainage wash is a dangerous place for kids to play. The last issue that troubles me the most, is the water drainage itself. There is going to be seven to eight acres of building and asphalt in this development. What precautions have been taken to assure that the proposed drainage is sufficient? Mr. Duffy of the Planning and Zoning Committee ask for the engineering study during their meeting and there was not one. He was disturbed by this and so am 1. [think the city needs reevaluate the need to have environmental impact study before the zoning is change. If you don't get this one right, flooding could effect three other developments. The big issues I hope you consider for the existing neighbors is the effect of the value of our homes and quality of our lives. I believe that Mr. Ward's development would have a negative impact on both. Sincerely, Martin and Gaye Wimmer 5700 Winding Trail Colleyville, TX 76034 9/16/2008 Page 1 of 1 Amy Shelley From: Sean T. Lucart _ Sent: Tuesday, September 30, 2008 8:51 PM To: Amy Shelley Subject: NO to the CATALONIA DEV. Oak Creek neighbors are opposed to the Catalonia Development. It is dense and congested. This development is not consistent with our homes and would be detrimental to our neighborhood if it was constructed. Mr. R.E.WARD is looking for his own benefit and we would suffer as a result of this busy busy intersection. I am strongly opposed to this project. Sincerely, Linda Lucart 2504 Kings Court 10/1/2008 From: Sean T. Lucart Sent: Tuesday, September 30, 2008 8;47 PM To: Justin Bass Subject: Disapproval of Catalonia Project Attn: Justin Bass Mr. Bass, I want you to be aware that I am opposed to the Catalonia building project. This project brings severe congestion to our neighborhood and is extremely dense. There would be 4-5 small and expensive homes positioned along my personal back fence. I would like to see this building project totally aborted. The office buildings would also create a hectic pace for our tranquil and calm neighborhood. This is not good for Colleyville. My neighbors are a{so in agreement about the negative outcome of such a dense and congested housing development. We are opposed. Sincerely, Linda Lucart (2504 Kings Court, Colleyville) r i September z9, zoo8 OCT 0 1 ?_Ou8 Attention: Colleyville City Council Members RE: Property located at Pool Road &Hall-Johnson Proposed Catalonia Subdivision Dear Council Members: My family has been a resident at z5o4 Kings Court in the Oak Creek Subdivision for ~3+ years. We have enjoyed the spacious housing developments in Colleyville as they provide a calm, peaceful and tranquil setting to live and raise a family. As you know, Mr. R.E.Ward wants to change the peaceful setting in which we now reside. His idea of cramming house upon house together in a small subdivision is not compatible and does not comply with the peaceful conditions of Colleyville. He even wants to include some busy offices on the borders to only increase the hectic pace of city living to make our living environment unbearable and congested. He does not have Colleyville residents' best interests, only those of his bank account. 1 cannot stand by and allow such a subdivision to be approved. It is unreasonable to expect us to now have to have four maybe five small expensive homes line up to our/my back fence and change the landscape of peaceful Colleyville forever. 1 am in protest of this project and would appreciate your wise consideration regarding this matter. If you would like to contact me by phone, you can reach me at (817) 545-3556- Thank you for your hard work and I trust you will be prudent and wise in this matter as you have demonstrated in the past. Sincerely, Linda A. Lucart Resident, Oak Creek Estates (z5o4 Kings Court, Colleyville, TX) Page 1 of 1 Letter of Support Amy Shelley From: Mark Humiston Sent: Monday, September 01, 2008 10:16 PM To: Justin Bass; Amy Shelley Cc: 'Rob Ward' Subject: Colleyville Zoning Request at 5500 Pool road Ms. Shelly & Mr. Bass; Regarding the proposed zoning change for the 4 parcels at the Southeast corner of Hall-Johnson and Pool roads: Previously, I had signed my name to a petition opposed to the zoning of the parcels from current RA to PUD. I have given further thought about the proposed zoning change and possible future developments, and at this time wish to change my position. Please REMOVE my name from the opposition petition. At this time I do no wish to go on public record as opposed to the zoning change request. Mark Humiston 5501 Dusty Ct. Colleyville, TX 76034 (H)817-545-8019 (M) 817-681-8019 9/2/2008 Statement of Planning Objectives CataConia ColCeyviCte, Texas Statement of Planning Objectives: Catalonia is a proposed mixed-use development by PHJ Equity Partners, LLC ("Developer") utilizing the City of Colleyville's Planned Unit Development (PUD) regulations. The entire property consists of 10.4 acres located on the Southwest corner of Pool Road and Hall-Johnson Road ("Property"). The Property is currently zoned Single Family `Estate' Residential and is occupied by one residential home facing Pool Road on the southern portion of the Property at 5500 Pool Road.. The Future Landuse map currently has the Property designated for future Single Family Residential. The Property is surrounded by a variety of different land uses and zoning. The Property is adjacent to Oak Creek Estates along the entire West boundary line. Along the South boundary line is one estate home with an existing creek serving as a natural buffer between the two tracts. Compass Christian Church is adjacent to the North boundary line of the Property immediately across Ha11-Johnson Road. Finally, the Property is adjacent to the City of Grapevine along the East boundary line. Currently, a television station and a day care facility occupy the commercially zoned property within the City of Grapevine to the East immediately across Pool Road. The Grapevine commercial property (television station) is currently for sale and has sufficient space to add another commercial building in the future if desired. The Property currently consists of four (4) different tracts owned by two different owners. In addition, the Property is part of a defined subdivision known as Wildwood Estates which includes the estate home previously mentioned on a fifth pazcel of land along the South boundary line which is not part of the proposed development plans. The subdivision of Wildwood Estates includes an existing set of deed restrictions that effectively limits any further dividing of lots within the subdivision among other restrictions. However, the Developer has obtained exclusive approval from all property owners (unanimous consent) within the subdivision to remove the deed restrictions at the time of purchasing and closing on the Property. The Property is located on the Eastern-most boundary of Colleyville providing a unique opportunity to brand the Southwest comer of Hall-Johnson and Pool as a distinct entrance to Colleyville. Catalonia includes a combination of landscaping/greenbelts, distinct signage, and architectural elements that will ultimately serve as an unmistakable landmark and recognizable entrance to Colleyville. In addition to uniquely branding the entrance to Colleyville, Catalonia will serve as a logical transition into the existing residential neighborhoods of Colleyville. The proposed plan for Catalonia includes luxury office space on the corner of Hall-Johnson and Pool transitioning to single-family residential on the South and West portions of the development. As proposed, Catalonia consists of 31 residential single family lots and 3 commercial lots with additional open space throughout the development. The commercial portion of Catalonia is E~E~E~VE~ ~~~~. ~r s P@C accessed off of Pool Road, while the residential portion provides access to both Pool Road and Hall-Johnson Road by utilizing a single street to make the connection. The proposed design of Catalonia utilizes the natural features of the Property to create an environment ideal for a sense of community and casual recreation. Catalonia preserves the natural creek that runs through the Property by designing the residential in a manner that will leave the creek and surrounding area undisturbed. In addition, the design of Catalonia preserves select native trees by maintaining natural grades wherever possible in dedicated open spaces. Catalonia also provides a dedicated landscape buffer along the Western boundary ranging from ten (10) to twenty (20) feet in width providing a more effective transition into the existing residential homes in Oak Creek Estates. Finally, Catalonia will utilize select detention areas as constant-level water features primarily between the residential and commercial portions of the development and as an entry feature to the single family homes. Catalonia is designed to serve as a distinctive entry to Colleyville that will ultimately add economic value to the City and the surrounding areas similar to our previous developments in Colleyville such as Rockrimmon, The Fountains, and Copperglen. Proposed Ownership: Catalonia as proposed will contain public streets and be managed by a homeowners association (HOA) for the residential portion of the development and a property owners association (POA) for the commercial portion. All common areas, residential front yards, and commercial landscaping will be maintained by the two associations. Development Schedule: Development of both the commercial and residential portions of Catalonia will commence after the approval of a final plat and will be constructed in a single phase. Construction of both homes and office buildings within Catalonia will begin after acceptance and approval by the City of Colleyville. Economic Development Information: Catalonia will have a total of thirty-one (31) homes and three (3) office buildings. The residential homes will have an average value of $600,000 and the office buildings will have an average value of $1,200,000 resulting in an overall taxable value in excess of $22,000,000. Assuming the current tax rates of the City and the Crrapevine-Colleyville ISD, Catalonia would generate an estimated $362,000 of taxes annually with approximately $78,000 going directly to the City of Colleyville each year after construction is complete. Development Standards Summary: 2500 SF minimum or approval required 15' front setback unless otherwise approved, l0' to 20' rear setback depending on specific lots and proximity to landscape buffer, 7' & 3' side setbacks ^ 80% of exterior will consist of masonry materials ^ No artificial stone or synthetic materials ^ Wood, wood clad, or vinyl clad windows with a simulated divided light or external grid pattern only on all windows visible from the street. No aluminum windows. Windows not visible from the street can be vinyl with a brick mold surround ^ Minimum roof pitch shall be 10 ft. of rise to 12 ft. of run anywhere ^ Visibility of all stacks and vents from street must be minimized ^ Roof materials and color require sample panel approval ^ All chimneys must be brick or stone ^ All garage doors must face side lot line and be wood clad "coach" variety; Front-facing garages will be approved on an individual basis ^ 8ft tall front entry doors ^ At least 80% of roof plate must be l Oft or higher ^ All mechanical equipment must be placed in 7ft side yard and screened from public view or placed on 2°d floor mechanical deck ^ Driveway placement, dimensions, and material must be approved prior to construction;. Driveway material must incorporate the use of enhanced paving or masonry accents and obtain approval prior to construction • Public sidewalks, where required, must be Sft wide and run uninterrupted 4 '/z ft from the back of the curb and parallel with the back of the curb ^ Fencing: All fencing along reaz lot lines and between lots must be Sft cedar with cap and placement approved prior to construction; Approved wrought iron only on street-visible fences and adjacent to open space. ^ All retaining walls require approval prior to construction ^ Landscape plan must be approved prior to installation Traffic Impact Analysis: The Developer is requesting a waiver from the requirement to conduct a traffic impact analysis due to the fact that Catalonia is estimated to generate less than 1000 trips per day. #..' ~~ ~ Neighborhood Letter ~; `i' ~' MASTER PLANNING URBAN DESIGN ARCHITECTURE LANDSCAPE ARCHITECTURE SAGE GROUP INC. August 14, 2008 Mr. & Mrs. Sean Lucart Mr. & Mrs. Andre Wullaeri Mr. Mark Humiston Residents of Oak Creek Estates Colleyville, Texas 76034 Re: Catalonia Ladies and Gentlemen: Thank you for your ongoing help and efforts, and willingness to work with us to create a high quality development on the currently vacant property at the southwest corner of Hall-Johnson at Pool Road. While we understand that homeowners would often prefer adjacent properties to remain undeveloped, when development does occur it is our aim to cI•eate a plan that will be acceptable and beneficial to all of our surrounding neighbors. Therefore, pursuant to the agreements reached and finalized at our meeting last night, l would like to formally list the items discussed, indicating the commitments the developer is willing to make to address your concerns, and your acceptance. These items address proposed requirements to be placed upon all the future lots backing up to your existing homes in Oak Creek, as well as a couple of special requirements to address the unique conditions present along the rear of the Lucart and Wullaeri properties. Should you confirm your agreement, we will voluntarily ask that these items be added to our PUD-R zoning application, and should this zoning be granted as proposed, they would all be requirements of that zoning, enforceable by the city. Specifically, the agreed upon requirements are as follows: 1. A minimum 20' Building Setback/ Landscape Buffer along the rear of all future lots adjacent to Oak Creek Estates (Adjacent Lots). 2. Two 3" caliper evergreen shade trees, with an approximate minimum height of 14' shall be installed in the rear yards of all Adjacent Lots, within 10' of the common property line. 3. Along the rear common property line of the Adjacent Lots, and in coordination and agreement with each of the neighboring homeowners, either the existing fence will be retained or new cedar fencing with metal posts, a board face and a solid wood cap shall be installed prior to the construction of the new homes. A new fence shall be installed with the "finished" side toward the yards of the Oak Creek neighbors. Such fencing will be a minimum height of 8', measured from the existing grade along the property line, except along the rear of the Lucart and Wullaert properties, where a greater grade-change differential requires a 10' minimum height fence to achieve a similar screening. 1130 N. CARROLL AVENUE SUITE 200 SOUTHLAKE, TEXAS 76092 TEl 817.424.2626 FAX 817.424.2890 4. No rear (West) facing, transparent "view" windows shall be installed on the second story of any home built within the Adjacent Lots. Transparent "clerestory' windows (minimum height of 8' from the floor of such second story) or non-transparent windows (e.g. a frosted window, allowing light in but not a view out) below the 8' height would be allowable. There would be no restriction to windows on the first floor. S. The three most northern of the Adjacent Lots (those closest to Hall-Johnson Road) shall be restricted to one-story only. Two story homes shall be allowable on all other lots. [t is oui• hope that this letter clearly states our mutual agreement and intentions to continue to work together in creating a wonderful development for this area of Colleyville. We would appreciate a confirmation back indicating your acceptance to these conditions. Thank you. Sincerely, ~~ t-t~` . ~.~` ~... Curtis W. Youn AIA On behalf of REWARD DEVELOPMENT, LI~C, developer R~CEl4/E!~ r,,w Per ,........,«~. Small Lot Development Comparison Subdivision Lots Min. Width Min. Depth Min. Size Ave. Size Densi Acres Open Space Approval Date Villas of Caldwell Creek 43 59 115 6594 7,408 3.7 dua 11.6 18.3% 4.1.97 Bridges at Riverwalk 32 56 106 6001 6,479 3.0 dua 10.0 24.0% 12.21.99 Riverwalk at Colleyville 53 60 115 6331 7,666 3.2 dua 20.0 20.0% 4.4.00 Rosewood Villas 53 59 110 6482 6,899 3.6 dua 14.8 21.4% 8.8.01 Emerald Park 72 60 120 7200 7,508 3.5 dua 20.2 19.6% 10.1.02 Tiffany Park 25 60 100 7200 7,580 3.5 dua 7.2 20.0% 10.21.03 Tuscany 35 60 110 6600 7,878 3.9 dua 8.8 6.6% 2.17.04 Cambridge Park 38 50 58 4500 5,300 4.2 dua 9.0 22.0% 7.6.04 Copper len 22 55 105 5924 6,650 3.9 dua 5.6 20.0% 10.17.06 Sprin Gardens Townhomes 45 36 70 2520 2,700 8.0 dua 5.4 31.3% 12.17.96 Heritage Oaks Townhomes 124 30 90 2700 2,787 5.5 dua 22.9 25.0% 03.21.06 Villas at Oak Pointe -Single Family Detached 49 56 95 6440 7,226 3.6 dua 13.6 22.0% 08.02.06 Villas at Oak Pointe -Townhomes 25 30 90 2700 2,850 4.2 dua 6.2 22.0% 08.02.06 Villas of Colleyville 67 59 115 6655 8,936 3.4 dua 19.8 21.0% 08.21.07 Enclave at Arbor Estates 16 65 120 8700 9,350 2.9 dua 5.6 19.3% 09.18.07 Creekside at Colleyville 269 50 105 5000 7,257 2.4 dua 108.5 20.0% 11.27.07 Somerset Manor 67 50 & 60 100 & 110 5000 5,500 & 7,200 3.67 dua 18.2 20.3% 05.06.08 Permits Issued as of 8.19.2008 Subdivision Lots Permits Villas at Caldwell Creek 43 41 Bridges at Riverwalk 32 32 Riverwalk at Colleyville 53 53 Rosewood Villas 53 53 Emerald Park 72 72 Tiffany Park 25 25 Tuscany 35 32 Cambridge Place 38 10 Copperglen 22 2 ~1jf !! '~ ~°: ~ll~~jl ij '[t ~j~~6~~ ~~ ~~ ~~~~~~~~~~~i ~ 1 ~ ~ 1~ ~` '~~ ~~i~~ !a~~~E~~ e !'! M al~ }~~{ } li~~,}rl~~~1, ~ i l~-~~ i~e~l \~-~ I - _ ~ _~- -~~ ~.. ;1 1 ~ _`''~~~ ~~ 1 I l~~ ~, r ~I '~ '__~~'! J~~//~ ~) ~~ ~~~~ ~- ~~ ~ I !\ it ,, ,- ~ ~ ~ ' ~ ~ ~ ~ ~ - / d ,' ~ // ~ 111 ~; - ~ i ~ 1 f~ I S ~/ I c . ~ ~.. ~ i ~ ~ ' ~ ~ I~ ~ ~ ~b i ~ _.. ~ ~ t ~~ Original Zoning Exhibit g I I ~ f~' pC Q 1 Ig ~ ~. r ++ 7 rvau cdo ~ ~ d .~ C S C (~ ~ G `~ ~ O w N O , /, 1 O b b N I~ i~ O ~ K 6 C •~t~~ ~ I ~tji~X~j~rl`11 E~n~ ( c2.~~ ..~~, rs. ~ N I pp n { p j ~t pp ~~~l~~(~llil!lfill~i~1}1 ~ ~ ~u~ ~c~ 5~~~ mo0~ J~ ~~__~ r ~,, ` ,~ ~ ~ .~~!.r 4\ ~ ,- - -~ ~ ~~ `~~ ~~~ g ,. r ~~~~~~~ t "' / ..- )1 ~ b t ~ f_e N I ~ ~~ . ! i 1' ~ ~ i J /: ,. ~. ~ C`~ i ~ v .~,. I ~ _.~ ,~~ _ ~ ~' 4 1 L / sr f E t 1 ~~ C mow.. .f ~ ..tom..-=(-'. ~!" i .~ ~ E ~.. _:, r . ~"'~ vl q ~ ~ N 6 ~ s .,~.. ~ ~ ~~~-- ,_ ~. ' _ ~ r ~.~+` ~ =. :. -~ ~~: _~~y ,1 -~~ ~ 4i ~ ~ ,pia}~` ;r~ .- ~/ i~t~1 ~_ _ r _ °~ - - .~ .. :_ _ _ r :.. ,~_,_ ~E, . __~_~ _~------ ~ ~~ ~ ~. ` ~\ __ - - ~ ~~ ~ ~ ~~* ~ ~3 ~. ~ ~~, ~ f '~ 9~ ~ U ~~~~~ .~~8~q s ~~~~ ~iZ~~ ~~ 4 j ~~¢¢F ,~Y~ ~~~ ~~~R ~~~~ ~~ .~~~~ ~~~~ ~ ~~~~~ ~a~~4 ~~~ ~ ~~ ~$~~~ .~~~~~ ~~~ ~ ~~~~ ~ ~~~°~ -~ y '~ ai .~o U ~~ X3.5 ~.1,~ Entry Exhibit ~~`•JF t (.i.i ; { i ,4 f .a: f ~ .~tv O ~~~ ~~` ~ ~a. +~_ `--~ r ~ / ?' ~ f ~ <~~~~ ~-- -~~ , ~, 'P'" . ~;' ~ ~ ~ ~ , ~ ~~ - '. ru ~ ~'~~ 3 >~ i ~r~~lc "~ y ~''~~~`' ~ ~ "'~ «r ~ _ - ~~- ~ Q .~ , ~ ~, r ~ ~ f ~ ~ ~ ~: z ~ ~ W Z ~_. _ k ~:. ~ ~ ~ .i- ~-~ r ,~; Q Q ~ d~ Z :~~ Q ~ o~ _-. ~,~ , ~ a~ ~ ~:1 ~~ ~~yf~,;, ~~ ORDINANCE 0-08-1696 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 10.4 ACRES ON LOTS 1A, 2, 3, AND 4, BLOCK 1 OF THE WILDWOOD ESTATES ADDITION, FROM THE RE- SINGLE FAMILY ESTATE RESIDENTIAL ZONING DISTRICT TO THE PUDR- PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-08-018; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan, designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the Ordinance 0-08-1696 Page 2 of 6 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 of approximately 10.4 acres on Lot 1A, 2, 3, and 4, Block 1 of the Wildwood Estates Addition, from the RE-Single Family "Estate" Residential zoning district to the PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" and described in Exhibit "C". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1 r.FNFQe~ a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 3.5 dwelling units per acre and three commercial lots. b. Any buildings constructed on the commercial lots shall meet all requirements for new commercial construction in the Land Development Code, except where amended herein. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this ordinance. Ordinance 0-08-1696 Page 3 of 6 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with Exhibit "B", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat, approved as a single phase, in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas c. All uses permitted in the CPO-Professional Office Commercial zoning district, with the inclusion of physician, dentist, optometrist, and chiropractic uses, only on the property designated as commercial on Exhibit "B". 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit "B", shall control where such building line setback is different from the following requirements: a. Minimum Lot Size b. Minimum Lot Depth c. Minimum Lot Width d. Front Building Line e. Side Building Line f. Minimum Building Separation g. Side Building Line Along Street h. Rear Building Line 6,400 square feet 115 feet 56 feet at building line 15 feet 3 and 7 feet 10 feet 10 feet 10 feet, 25 feet for lots that back to the western edge of this development Ordinance 0-08-1696 Page 4 of 6 5. OPEN SPACE a. This development shall provide a minimum of 26.6% common open space, as shown on Exhibit "B", which shall be for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space amenities shall include two benches to be located as shown in the attached Exhibit "B". c. Open space may be utilized for storm water retention not to exceed 25% of the common open space area. 6. PRIVATE SIDEWALKS AND STREETS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Land Development Code. b. The walking paths located within the open space areas shall be constructed of concrete. c. All street right-of-way and pavement widths shall meet the following requirements: the minimum right-of-way for streets shall be 50 feet and the minimum pavement width for street shall be 31 feet, measured from back of curb to back of curb. 7. SCREENING a. A minimum six (6) foot tall masonry fence shall be constructed along the northern residential lot boundaries adjacent to Hall Johnson Road and along the eastern residential lot boundaries adjacent to Pool Road, Lots 1 and 12, Block 1 and Lots 1 and 18, Block 2, as depicted in the attached Exhibit "B". b. A minimum eight (8) foot tall masonry panel fence shall be built along all rear residential property lines on Lots 1 through 12, Block 1, adjacent to the commercial lots as depicted in the attached Exhibit ~, B„ c. An eight (8) foot tall cedar board on board fence shall be built along the western property line of the development from Lot 6 to18, Block 2, as depicted in the attached Exhibit "B". Ordinance 0-08-1696 Page 5 of 6 d. A six (6) foot tall wrought iron fence shall be constructed along the rear property lines of Lots 1-5 and side property line of Lot 6, Block 2 and along the west property line of Lot 2 and south property of Lot 3, Block 2 as depicted in the attached Exhibit "B". 8. OTHER a. Retention ponds shall include at least one aeration device per pond. b. The commercial properties, as depicted in the attached Exhibit "B", shall have a minimum front setback along Pool Road of 25 feet. c. The 25-foot rear setback along the properties adjacent to the Oak Creek subdivision shall include a minimum 25-foot landscape buffer. d. Two minimum 3-inch caliper evergreen trees, with a minimum height of 14 feet, shall be installed in the rear yards of all lots adjacent to the Oak Creek subdivision, within ten (10) feet of the common property line, prior to issuance of a building permit on the associated lots. e. Westward facing windows shall not be allowed on the second floor of any residence to be constructed on lots adjacent to the Oak Creek subdivision. Exception will be granted for transparent clerestory windows (minimum height of eight (8) feet from the floor of such second story) and non-transparent windows. f. The developer shall construct an entrance marker at the northeast corner of the development upon completion of an entry way and way finding study. The marker shall meet the design specifications as required by the entry way and way finding study. g. Exterior building materials shall be composed of a minimum of 80% masonry with no artificial stone or synthetic materials. All chimneys must be made of brick or stone. h. The minimum roof pitch shall be constructed at a 10:12 ratio. i. All mechanical equipment shall be screened from public view. j. Residential driveways shall incorporate the use of enhanced paving or masonry accents. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Ordinance 0-08-1696 Page 6 of 6 Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. 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 6800 ~ 3acr 2407 2so~' 5807 1 5001 d804 5862 6805 5803--`° 2000 2404 7400 2500 6600 5803 AG ~~~ ~ M 2505 2507 ~ ~ ~ ~ T5o9 City of Grapevine 5 I 57~ Site 5704 2000 260 2505 2505 2505 2500 2504 S 5702 5504 '.. 5700 ~~ 501 260.3-.. 000 >, 6605 5500 soa4 REEKSI 5603 2400 2402 2404 ': 6601 2a00 60~ sear RE 5609 5500 5508 2401 2403 2407 2403 :5505 5d07 5505 ~ ~ r ,sao4 Q~1 Y l` 2400 3401 2404 /72405 ~.~5503 5985 700 2702 2704 2800 2902 2804 2905 2809 21 5507 ~ ` \ 65A7 5501 2707 2705 -` I4D1 2407 ` 1407 2502;, 2504` "2605 TODD 2tl02 2604 5500 2905 2807 2800 2901 T405 1500 1408 ~ 5402 2700 2702 2800 ~ 2soT PUDR T4D0 2402 2404 2406 2501 5408 5405 541M 5665 5400 2604 2700 2409 2703 2801 2806 2803 5404 d404 5403 5404 5403 5310 5311 2805 2908 2401 2907 2405 402 2900 5402 5401 5402 5401 5308 5309 2807 2902 53DH Exhibit "B" -Conceptual Site Plan ~~ ,~ ~.. ~~ _ F Q `- ,~ ~€ f i "3 S 3 7 n ~_ ~' ro Exhibit "C" -Legal Description Catalonia QESC~R1,F''i'IOiV t)F~ I'RC)I'}:12'1'Y: BEING a 10.3~3fi acr tract oP land situat~:d in the S.C.kI. Witten Survey, Abstract No. l7t(l,'T'arrant County, "f'exas. said tracC being a portiatt c>f that same tract of land cc~nve;yed to Richard Baca .lr. artd Patricia Baca by deeds as recorded in Volume 7491), Page 536 and in Tarrant County Clerk's Instntrnent ~1uml~er (T.G.C,1,No.) U2t}523(~'788 of the fazed Recards of Tarrant. County, Texas (D.R.T.C.T.), saki tract also being alt aP that carne tract o1~ land conveyed 1iitlie .byre Sanders tnrstee of The Billie Joyce Sanders Separate Property `t'rust 'by deed as recorded in T.C.C.1.No.:D2Uh096504 of the D.R.T.G.T., said tract also being all of the remaining portion of t~~ts L thru ~, Block 1, Wildwood Estates, being an addition to the City of Golleyville, according to the plat thereof recorded in Volume 388•-145, Page &7 of the Plat Records of Tarrant County, Texts (P.R."I".C.`C.1 said tract being herein n-tc~re particularly clescribecf by metes x.ncf bounds as ft~llor~ira: BEGIht~N'L~IG at a'h" iron rod with cap stamped "~~tOAK" found at the southeast property corner of alto said 1,ot 4, said. beginning point being the northeast propetYy corner of Lot. 5, E3tack 1, of the. said Wild rood Estates, saki beginning point also being on the west right-cif-way line ~~f' foal 17caad, being a variable width right-cat-way; "I'FI1NC°I Seiutli 8}`2()'46" Vb'est, along the s<auth prr~perty line of the said t,ot 4 and along the north property line aP the ,aid l.,ot 5, 48 l .58 fleet to a'lz" iron rod Pound at the southwest prc~pLrty corner ~P the said Lot ~4, the northwest property corner of the said L«t 5 and at the east property line. caf Block. 1, Oafs Creek, Estates, being an addition to the City of Colleyville according to the plat thereof recorded in Cabinet A, Slide 258 of the P.R."I'.C.'1'.; TH1~`CE C.~orth (H)~UO'tt}" West, along the; west. property tines oP the said 1..c7tc 4 thru 1 and alc~rtg tltc said cast pral3crty ii~t~: cif Hlack 1, Oak Greek F.,xtates, 959.15 feet to'r2" iron rod with cap st<~tmped "SPt}CaNCR ANQ ASSOC:[l1't'ES" ('%z"G#~S) set at the ntarth~~~est property earner of the rcrnander oP the said Black 1, Vlrild~~road Estates, said p«int bt;inM~ on the south righe-of-way line r~P Hall-Johnson Raad, being.. a variable width right-of-way; 'T"1-1ENCl/ Narth 89°'6'35" East, atc~~ng the north property lime of the said remainder oP Block 1, Wildwoad Estates and along the. said south right-af-way line aPHolt-Johnson rc~~rtl, 71.1 S feet to a ~/x"GIBS; Exhibit "C" -Legal Description (continued) THENCE North 88~32'S 1 " fast, continuing along the said property line and said right-of- way line, 299.88 feet to a 5l8" iron rcrd with cap stai~iped "GURRU~IDUNA" found fc~r ctn-rrer; "I'HENC::E~ South 46°t)4'39" East, eantnuing along the said property Tine and said right-ot- way line, 141}.26 feet to a 518" irnn rod with cap staml~eci "GORRUItiDUNA" fc+und at the northeast prc~pc.rty cUr~nea• cif the s~rid remaitadcr of F31oe~ 1, Wildwoc>d Lstates, said point being can the said west right-of-waY line of Pool Read, THI\Cf South {)()°38'18" past, along thc; east prol~crty line of the said rcrnainder of [3lcrck 1, Wldwac~d Estates and r~lang the said vast right-c7f-w5y line of Pool Road, 864.70) tact to the Paint: of Beginning containing 10.3c)6 acres (452,847.? `y. t~t.} of land .nrcire or less.. Date: Monday, December 1, 2008, 7:18 AM Subject: MPD: "Nobody should leave a gun in their car, "Cars do not make good safes, " Memphis Po/ice Director Larry Godwin "Nobody shoo/d leave a gun in their car, "said Scott, "That's stupid, /f you're not going to have your gun with you, it's not doing you any good in the car. " MPD Maj. Joe Scott http://www.commercialappeal . com/news/2008/nov/30/thieve s-see-whets-left-in-vour- vehicle/ Home ~ Local ~ Grea ter Memphis Thieves loot valuables from parked cars By Hank budding (Contact), Memphis Commercial Appeal Sunday, November 30, 2008 If you're like about 30 or so other Memphians today, a skilled professional is giving your car the once-over. In neighborhoods rich and poor, residential and commercial, sticky- fingered entrepreneurs are smashing, jimmying and prying their way into vehicles, then walking away with about as much as they'd have gotten if they'd squeezed right through your bedroom window. Someone had shattered the window of the Honda, rummaged under a blanket in a gap between the seats and stolen her Coach purse containing her wallet, her new iPhone, her iPod, a Sony camera, several hundred dollars in cash and the only key she had to her personal car. Police reports from all over the city tell a similar tale as thieves rake in purses, wallets, laptop computers, GPS units, all types of personal electronic devices and hundreds of guns, much of it left in plain sight. "Cars do not make good safes," said Memphis Police Director Larry Godwin. And then there's the hassle of repairing smashed windows and broken locks. Through last Monday, Memphis police had recorded a total of 9,381 vehicle break-ins in 2008. That's only 618 fewer than the 9,999 break-ins reported during all of last year. Through Nov. 1, the Shelby County Sheriff s Office had investigated 810 car break-ins, compared with 733 over the same period in 2007. "This crime is affecting everybody," said Maj. Howell Starnes, assistant commander of the MPD's organized crime unit. Police are simply overwhelmed by the volume of break-ins and they're frustrated by the revolving door at 201 Poplar for the people they do manage to catch. A Memphis police campaign urges citizens to "Stow It, Don't Show It," and the Shelby County Sheriffs Office urges people to "Park Smart," but clearly many people aren't listening. "The citizens can stop this crime today," said MPD Maj. Joe Scott. "If you don't leave anything in your car, nothing's going to be taken." The people who are taking the belongings may not have college degrees, but they know their craft pretty well. For one thing, they know where to hunt. They like the volume of cars at apartment complexes and shopping centers, but they also like parks and workout centers, where exercisers often leave their valuables in the car. Even steps people take to protect their valuables often don't work, police say, because thieves are watching. For instance, when you walk your purse or other items to the safety of your trunk in full view of the world, you're asking for trouble. "We had people we caught ... watching women do that first thing in the morning," Starnes said. "So what'd they do? They went over there and popped the little window, hit the trunk release and went in and got their wallets." Police also caution people not to leave guns in their cars; 550 have been stolen from cars in the city so far this year. "Nobody should leave a gun in their car," said Scott. "That's stupid. If you're not going to have your gun with you, it's not doing you any good in the car." Thieves often act quickly after a break-in, using debit and credit cards for shopping sprees and often turning IDs over to people who open accounts in victims' names. Once the crime has been committed, don't look for police to employ afull-court press, although officers are trying get fingerprints from as many cars as they can. "Can we .., dedicate the same resources to every one of them? Ain't no way. The city can't afford it. Taxpayers can't afford it," Scott said. But even when police make an arrest, the people they catch often don't spend much time in jail. "Property crime is not going to get any time," Starnes said. PROTECT Yourself Here are some tips to reduce the threat of having a vehicle burglarised: Lock the doors. Don't leave cell phones, laptops and other electronic devices in the car. If possible, lock valuables in the trunk before arriving at your destination. You never know who might be watching. Report any suspicious people loitering or cruising parking lots and residential areas. -- Shelby County Sheriff s Office and Memphis Police Department SPEAKER CARD Date: ~ ~ - ~ (~ ~_ I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Number: ~ OrdinancelResolution Number: Name: ~~. j,~ ( fl L-.~~~,i~~~`~~ Address: ~'-7%_.~'~ c ~ ~ k )h~ ~ :~'~r~,~-~ 7 , I ~ ~ --~ City: ~...:~ (~ '~ v~ ~ (~ State: i ~- Zip code: ~ (~ C~'~~-( --~ Telephone Number: D ~1 ~- ~-1~~ -r-~ 1~~ Representing: organization/self 1 understand that 1 am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. ~4 °~ Signed: _..~.-':::T:.::.._:~r~7~--~_ ,~ ~ ~__... This information is a Public Record. Date: SPEAKER CARD I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Number: ~~ Ordinance/Resolution Number: Name: ^~~, ~ ~ Address: ~b ~~ ~.~J 1 r i ~~ .-¢-- City: ~ State• ~}~ Zip code: ~~E~~~I Telephone Number: ~.~ ~ ~~ I~~-Representing: organization/self 1 understand that 1 am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public commenfs or questions. Signed: This information is a Public Record. SPEAKER CARD Date: /Z~Z-~~ I wish to address the City Council on the following item: (complete a separate card for each item) enda Item Number: ~ OrdinancelResolution Nu Ag ,~, tuber: Name: Address: t'O C,~~ City: ~C.(~ 7 U~~~ State: T~ Zip code: ~~O ~3 Telephone Number: ~~~`'~f ~~ r~?3 ~ Representing: C~~'`~~ - organization/self 1 understand that 1 am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. - ~ /~:%'~ Signed: This information is a Public Record. SPEAKER CARD Date: !% \)C~ ~~ I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Number: OrdinancelResolution Number: Name: ~"'C'UV.~Z ~~ ~ (~ ~ S Address: ? 2- ~ S S-{-, 1-~ar, ~='~' City: ~ ~le~d ~ ~~ State: ~' Zip code: Telephone Number: ~ I ~ - `f~'~ Z~~S S~ 76~~3~ Representing: S~~ I organization/self 1 understand that 1 am limited to gve minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. ~ ~ ' Signed: ~ _ ~`~•'`~~.. !G~i- This information Is a Public Record. Q~ SPEAKER CARD Date: ~ ~' ~ \' I will speak In Support of this item. ~~ I will speak In Opposition to this item. I do not wish to speak, but please record my: ^ Support ^ Opposition Agenda Item~N+um/~ber: Ordinance/Resolution Number: Name: ___~=-~%~ ~~c~C ~- .~ ~C~ Address: ~ ~'e ~ ~(( ~t l ~' ~ ~ ~?"c l s ~~ 7 City: ~~~J / />~- ~/r ~~`~ State: ~ ~ Zip Code:~~ ©~~/' Telephone Number: ~ 7 US -eJf~/~~ Representing: ~~ organization/self 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the,~ex s~pen Meeting Law_Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. Date: _ SPEAKER CARD I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item~Niufmber: ~ Name: l.~ ~'t r i,..S ~,~ OrdinancelResolution Number: Address: ?~ ~ ~ ~ h G ~~ ~ ~~D~~ City: ~ ~ ~ ~ ~ State: ~~_ Zip code: _ Telephone Number: ~~~- 3~¢/~ ~yr~~ Representing: S~ ( t~ ~ ~ ors gani ation/self 1 understand t at am limited to flue minutes and on items that are not designated as Public Hearings, the i Cou it us "suspe d the rules" in order to hear public comments or questions. Signed: This information is a Public Record. `~/ ~~~ O ' Date: SPEAKER CARD I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Numbers ,_ Ordinan,(cel~Resolution Number: Name: ~~ ~~~ ~ ~` j~ ~" - Address: ~~ ~.~ ~l~~a 1`,~''L._' /'~ c` ~~ ~, , City: (~ ~-~- ~~ ~~c. ~ ~ State• l 7` Zip code: ~ ~ ~ Telephone Number: ~~~ ~~ ~ ~~ Representing: 7 -~ organization/self 1 understand that 1 am limited to eve minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. ~ ~ Signed: This information is a Public Record. SPEAKER CARD Date: I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Ite u Name: ~~ OrdinancelResolution Number: Address: (,. 'l V~11~'t~ ~1 ~ ~l L~-~~'t city: ~ state: zip coder 03 Telephone Numbe : ~C317 ~~`3 Representing: ora ' ation/self 1 understand that 1 am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: This information is a Public Record. SPEAKER CARD Date: I will speak In Support of this item. I will speak In Opposition to this item. e Ag n~te ,,~," Name: Address: ~~~' ~~ ^ Opposition Gi ` City: ~'~ 7 State: Zip Code: _ Telephone tuber: ~"~~~ ~~G ~ Representing: ~ ~ ~- organization/self 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance wi he Texas O en eeti Law, Chapter 551 of the Texas Local Government Code. Signed: - ~~ f~~ I do not wish to speak, but please record my: ^ Support I~Umber• f OrdinancelResolution Number: I r' ~ ti t , This information is a Public Record. SPEAKER CARD Date: !~~~Z~~ r I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Number: ~ ` ~~OrdinancelResolution Number: Name: ~-~ G~ iS~ ~ czs~~,~~~~, v Address: ~Z1 S ~,e~~~-~. ~~' Cit State: Zi code: ~ ~`~ Y ~ ~~~ P ~ ~ Telephone Number: ~~~- ~/~ ~~ ~ ~~ (~ Representing: organizati n/sel 1 understand that 1 am limited to 1'rve minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: ~' 4 '~ This information is a Public Record. SPEAKER CARD Date: /a ~ ~~ I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Number: /Uo-{~m/? OrdinancelResolution Number: A9Q»o~a) Name: ~~'a.r1 a /,!'~ ~! Address: `7a~ ~ r`'1~tIYJeS Tra: 1 City: C~ <<~ ~ _ /! ~. State: T~ Zip code: ~L d 3 ~' Telephone Number: ~ 17-~~"'9Y9$ Representing: Se~'~ - organization/self 1 understand that 1 am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: ~~ ~ ~` ~~~ , A ~ v :[..~CJI This information is a Public Record. 71 SPEAKER CARD Date: ~" ~ l,~ I wish to address the City Council on the following item: (complete a separate card for each item) ~~~~n ~ ~~ ~ a~ ~- Agenda Item Number: ~ Ordinance/Resoluti Number: Name: Address: ~~ ~ 4 ~ ~ Q~ V 11 ~~,v ~~~ City: \/ State: Telephone Number: ~ ~~ ~ ~~ ~SZ~Representing: Zip code: organization/self 1 understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or This information is a Public Record. SPEAKER CARD Date: ~ ~ °~ I I wish to address the City Council on the following item: (complete a separate card for each item) Agenda It~rpber: Name: tt//--~~~~ ~ Address: ~ ~~~ ~ {'~P ~" (,,c ~'~--~ City: --~' ~ Y ~ I~--e State: )C Telephone Number l~ S ~1 ~ ~ ~ ;/ Representing: Zip code G C C+ i ~~~ r organization/self t understand that 1 am limited to t'rve minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: Ordinance/Resolution Number: "~... This information is a Public Record. SPEAKER CARD Date: ~ 2 ~' 2 ' ~~ 1 wish to address the City Council on the following item: (complete a separate card for each item) ,j~ /~ ' ~'11.b~+ Agenda Item Number: "(~ ~ ~ ~ S Ordinance/Resolution Number: Name: ~ /~~~~ ~®~z-t S Address: ~~'/~ 7 ~~~ J ~ ~. ~76 ~ ~ City: ~G~~u/Z~ State• ~ ~ Zip code: Telephone Number: ~~~^ l/ t~ ~ ~p ~ Representing: ~~~ organization/self 1 understand that 1 am limited to five minutes and on items that are not designated as Public Hearings, the Cify Councilmust "suspend the rules" in order to hear public comments or questions. ,,~f ~ Signed: This information is a Public Record. SPEAKER CARD I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Number: Ordinance/Resolution Number: Name: _ ~~4~ i ~ ~2 ~~?H.;.:,~ c~C.? Address: /`lG,~ c~;g~.ywc« ~~'i~~~'~C .~ r'ziG~~" City: ~ ~'~~ ~ f- ?' ~'.L~ ~' State• ~~ ' Zip code: ~~~ ~y Telephone Number: <.~i7- yy~- c:~/~'y Representing: ~~ L ~= organization/self 1 understand that 1 am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: ~ ^, ~ ,~ This information is a Public Record. SPEAKER CARD Date: ~ ~eC ~~ I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Number: /~ J/ Ordinance/Resolution Number: Name: ~~`~~~V1~ ~l i7 vl ~~, JJ, _ - . - Address: CV ~,S ~~S ~c~ZltJ City: ~ ~ State: ~___ Zip code: 7~~3~ Telephone Number: ~l ~~Zs~~~~( Representing: ~.c~..IZ~~E (;0/1C~ rned~ c~i~ ~, , ~ orga iz~tio~elf tCc3 c r 1 understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. ~, ,q ,,-, Signed: This information is a Public Record. SPEAKER CARD Date: / ~ - ~-- c~~ I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Number: Ordinance/Resolution Number: Name: ~r~~L7y cr f cam' ~ .(' G7 < Cl Address: _~~~ ~ ~C) ~61 ~~ ~C C~,~ i ~ •t. City: ~~/l~ (/11~ r/~ State• ~ ~ Zip code: _~~O ;~ Telephone Number: '~~ ~ - y~~`~ ~2 ~ Representing: mac' ~~ organization/self 1 undersfand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: .... _.~ ~ ~' This information is a Public Record. SPEAKER CARD . ~ > r -':. Date: /~- ; ~ ~~"" I will speak In Support of this item. /~ I wilt speak In Opposition to this item, I do not wish to speak, but please record my: ^ Support ^ Opposition Agenda Item Number: ~/ OrdinancelResolution Number: ~._. Name: ~_ ; -, , ,, /~ ~--~- ~~...~ Address: // L'' S~ ~~' `~ ~? i7c C ~-~ ;Z-~' ;: ,, , City: ~r~ /,t`.2 ~ - ~`~' State: ~`,%t Zip Code: 7~ ~~ -3l Telephone Number: ,~ ~~ ~ YZ / -~ G ~ ~~' Representing: S ~ /,~' organization/self I understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas C?pen Meeting Law, Chapter 551 of the Texas Local Government Code Signed: r`7 This information is a Public Record. SPEAKER CARD Date: r~~- ~'~~ I will speak In Support of this item. _~ I will speak In Opposition to this item. I do not wish to speak, but please record my: ^ Support q\Opposition Agenda Item Number: Ordinance/Resolution Number: Name: Address: ~~~~ l~ ~~' ~"~~~..-- (~~. „ .. City ~~,'~' ~G~~l. C- State: ~,~ Zip Code: 11~~~`~ Telephone Number: Representing: ~~~ ganization/self !understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meeting Law, Chapter 551 of the Texas Local Government Code. ~, ~. P Signed: p 4 ~(. ~.G , Z ~ ',RL. ~~ ~, ~. Vr~J~ This information is a Public Record. SPEAKER CARD Date: ~~.a ~- ~.=f'~-°~'~ `\ f will speak In Support of this item. I will speak In Opposition to this item. o/: ~/ l jZ ~ '~ ..~-- I do not wish to speak, but please record my: ^ Support tosition Agenda Item Number: Ordinance/Resolution Number: Name: ~.~.,~..,r ~~,~' , Address: 7 Z cj ,~ *!~~~ ~ r City: C'vLL.~ ~.~ State: ~ X Zip Code: 7~ ~' 3 ~ Telephone Number: Representing: S~ or anization/self 1 understand l am limited to speaking for five minutes. Far business not listed on the agenda as a Public Hearing, Cify Council will not respond in accordance with the Texas Open Meeting Law, Chapter 551 of the Texas Local Government Code. Signed: y~'~',~ ~~~ G.. This information is a Public Record. SPEAKER CARD Date: f I will speak In Support of this item. ~,/ I will speak In Opposition to this item. l~ I do not wish to speak, but please record my: o Support apposition Agenda Item Nuumber: OrdinancelResolution Number: _~1 / Name: _-~I~G~<~/1111~_ ~~~i ~sU~' /~t!l~ ~l! v Address: ~~~>{~.~~ City: ~~ ~~~~~~~ State: ~ Zip Code:~~~ Telephone Number: ~ 7 ~~,~_ <?t-~~ Representing: ~~/~. organization/self I understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meeting Law, Chapter 551 of the Texas Local Government Code. Signed: ~~~~~~ ~ "~r~ This information is a Public Record, Date: SPEAKER CARD ~ - f3 ~ ~ ~ `~ ~'"_ ~ I wish to address the City Council on the following item: (complete a separate card for each item) Agenda Item Number: ~ OrdinanceiResolution Number: I'~A~ ~ , Ss~.~- Name: ~ ~ ~ P Ley Address: ~ '~ ~ ~ ~-- ~ R---2P~ ~ ~ ~- ~ R ~~~ City: ~ `' ~-'~ ~-'~ ~ ~ L'~-~- State: ~ X Zip code: ~ ~ ~ ~`i' Telephone Number: ~ ~~ ' ~ ~ 3 °~~~ ~ Representing: s `~- ~ '~ organization/self 1 understand that l am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: T+ This iniFSii»atindis aPublic Record. Date: SPEAKER CARD 1 wish to address the City Council on the following item: {complete a separate card for each item) Agenda Item Number: ~ ~^ ~ Name: Itiw rya ~ ~~ ~ ~t Address: ~ `~ ~'~~'~`~`''~`~`~ ~ a ~ ~e, city: t~ ~ ~~~• ~ ~ l l~ state: Telephone Number: '~- ~ ~ G 4`i ~ ~ ~ ~ j T~ Zip code: 7 L ~' ~~ ~ Representing: ~~ organization/self I understand that I am limited to eve minutes and on items that are »ot designated as Pubtic Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed: ~y~--~----~" Ordinance/Resolution Number: This information is a Public Record. ~~'/ `G ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~.,,~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 12/02/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 10 Final Action: Secretary File Name: Reports -December 2, 2008 Attachments: Colleyville Center Advisory Committee Minutes -August 18, 2008 Colleyville Center Advisory Committee Minutes -September 11, 2008 Parks and Recreation Advisory Board Minutes - October 6, 2008 Senior Center Advisory Committee Minutes -October 16, 2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 12/02/2008 City Council Title Colleyville Center Advisory Committee Minutes -August 18, 2008 Colleyville Center Advisory Committee Minutes -September 11, 2008 Parks and Recreation Advisory Committee Minutes -October 6, 2008 Colleyville Senior Center Advisory Committee Minutes -October 16, 2008 City of Colleyville Page 1 Printed on 11/21/2008 COLLEYVILLE CENTER ADVISORY COMMITTEE FY 2008 THIRD QUARTER MEETING AUGUST 18, 2008 MINUTES Present: Chair Mark Johnson, Vice Chair Louis Miller, Molly Skinner, Suzanne Harrington, Evelyn Englert, Pat Jones, Tom Westerman, Paul Vigiletti, Muriel Havran, Connie Nichols, Deena Dendy, Karen Birks, John Gray and guest Ed Havran Assistant City Manager Kelly Cooper, Christine Loven, Center Manager Lin Przybyl, Center Coordinator Marilyn Gilbert Absent: Dorie Cranshaw 1. Chair Mark Johnson called the meeting to order at 5:35 p.m. 2. Minutes for the May 19, 2008 Advisory Committee meeting were approved as written. 3. The Advisory Committee reviewed and discussed the Colleyville Center FY2008 -Third Quarter Report. 4. Staff reported that they have completed an annual review of fees and services and proposed an adjustment be made to the current fee schedule for non-local entire building rentals. Staff proposed that the Committee streamline all entire building fees by packaging the tables/chairs setup fee with the rental fees. Staff also recommended a 20% increase in rental fee for the non-local category only. All other entire building rental categories will have an increase based on the table/chair set-up fee included in the rental fee without a percentage increase. The Advisory Committee unanimously approved the rate packaging and non-local increase in fees. 5. The meeting was adjourned at 6:40 p.m. COLLEYVILLE CENTER ADVISORY COMMITTEE SPECIAL MEETING SEPTEMBER 11, 2008 MINUTES Present: Chair Mark Johnson, Vice Chair Louis Miller, Molly Skinner, Suzanne Harrington, Pat Jones, Tom Westerman, Paul Vigiletti, Muriel Havran, Dorie Cranshaw, John Gray Guests: Dr. Terry Glower, Les Edmunds, Amy Sibley, Ed Havran City Councilman Carol Wollin, Assistant City Manager Mike Johnston, Center Manager Lin Przybyl, Center Coordinator Marilyn Gilbert Absent: Deena Dendy, Evelyn Englert, Karen Birkes, Connie Nichols 1. Chair Mark Johnson called the meeting to order at 5:35 p.m. 2. Dr. Terry Clower, Weinstein, Clower & Associates, provided the committee with a summary of his findings in the Colleyville Center's broad market assessment of expansion opportunities. 3. Les Edmunds and Amy Sibley, representatives of Komatsu Architecture, presented a preliminary site analysis of expansion or renovation opportunities as a result of Dr. Glower's market assessment. 4. Following a discussion with the committee the Komatsu representatives agreed to make further revisions to their proposal of space allocation and site feasibility and resubmit. 5. The meeting was adjourned at 7:25 p.m. G-t Y of ~~ Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, October 6, 2008 6:00 p.m. Steve Dalri called the meeting to order at 6:05 p.m. on Monday, October 6, 2008, at the Parks and Recreation Office. ROLL CALL: Steve Dalri, Deena Dendy, Brian Estridge, Vince Rosen, Pat Horn, Ken Llewellyn and Nancy Coplen, GCISD Liaison ABSENT: Luke DeFilippis, Recreation Supervisor STAFF: Monica Walsh, Director of Parks and Recreation and Wanda Drexel, Administrative Secretary Call to Order 2. Approval of the June 2, 2008 Parks and Recreation Advisory Board Minutes Vince Rosen moved to approve the June 2, 2008 Parks and Recreation Advisory Board minutes. Pat Horn seconded the motion. The vote was unanimous. 3. Introduction of Parks and Recreation Advisory Board Member Appointed for the Term September 2008 -December 2009 Monica Walsh, Director of Parks and Recreation introduced Kenneth Llewellyn. 4. Discussion and Consideration of Senior Center Open Space Area Monica Walsh, Director of Parks and Recreation discussed the Senior Center Open Space Area and said the Senior Citizen Advisory Committee at their meeting on August 21, 2008, recommended approval of the Master Plan. Their recommendation was to move forward with the design of the trail being a first priority. She then introduced Megan Abernathy from Newman, Jackson, Bieberstein Landscape Architecture (NJB). Megan gave an overview of the plans to the Parks and Recreation Board. The citizens were concerned about the school, security lighting and the detention pond. Deena Dendy made a motion to proceed with the Senior Center Open Space Master Plan Concept and to move forward with the design of the trail being a first priority. Brian Estridge seconded the motion. After discussion, the motion passed with a unanimous vote. Park and Recreation Advisory Board October 6, 2008 Page 2 of 3 5. Discussion and Consideration of McPherson Park Final Phase Megan Abernathy, a representative with NJB provided an update of the McPherson Park Final Phase Plans. Pat Horn made a motion to approve the McPherson Park Final Phase Plan as presented. Vince Rosen seconded the motion. The vote was unanimous. 6. Discussion and Consideration of Appointment of Representatives to Serve on Subcommittees The following individuals were appointed to the Parkland Dedication Committee: Vince Rosen Brian Estridge The following individuals were appointed to the Colleyville Tree Board: Deena Dendy Steve Dalri Ken Llewellyn 7. Discussion and Consideration of Redirecting of Parkland Monies The Parks and Recreation Advisory Board reviewed the status of the Parkland Dedication Fund expenditures. Vince Rosen made a motion that the balance of funds for the Log Barn, in the amount of $64,000, and for McPherson Park Phase I, in the amount of $49,967, be redirected and returned to the Parkland Dedication Fund since these projects were complete. Deena Dendy seconded the motion. The vote was unanimous. 8. Discussion and Consideration of Redirecting of Voluntary Park Fund Monies The Parks and Recreation Advisory Board reviewed the status of the Voluntary Park Fund projects. Pat Horn made a motion that the funds for the L.D. Lockett ADA improvements, in the amount of $9,000, L.D. Lockett improvements , in the amount of $321, and Parks and Recreation Office improvements, in the amount of $694, be redirected and returned to the Voluntary Park Fund balance since these projects were complete. Vince Rosen seconded the motion. The vote was unanimous. Park and Recreation Advisory Board October 6, 2008 Page 2 of 3 9. Recreation, Athletics, Tennis and Seniors' Reports Monica Walsh, Director of Parks and Recreation, provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 10. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. 11. Citizen Comments/Presentations Regarding Items not on the Agenda* Reminder that October 18, 2008 is Clean Sweep 12. Adjournment Brian Estridge moved to adjourn at 7:25 p.m. Pat Horn seconded the motion. The vote was unanimous. Respectfully submitted and approved: .~~r~ola~ .~ . rC~ft~ ~v~.~ Wanda Drexel, Administrative Secretary G-t Y of ~ IlC~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, October 16, 2008 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:31 p.m. on Thursday, October 16, 2008 by Debra M inea, Chair of the Committee. ROLL CALL: Debra Minea, Wanda Johnson, Dorothy Parker, Diane Kohsmann, Molly Skinner and Michelle Appling ABSENT: Anne Gifford and Monica Walsh, Parks and Recreation Director STAFF: Wanda Drexel, Park and Recreation Administrative Secretary and Renee Garrett, Senior Center Supervisor Call to Order and Roll Call Approval of the September 18, 2008 Senior Center Advisory Committee Minutes Wanda Johnson made a motion to approve the minutes as read. Dorothy Parker seconded. The motion carried with a unanimous vote. Senior Center Advisory Committee October 16, 2008 Page 2 of 3 Introduction of New Senior Center Advisory Committee Members Introduction of new Senior Center Advisory Committee Members: Diane Kohsmann, Molly Skinner and Michelle Appling. Anne Gifford was not present. Elect Senior Center Advisory Committee Chair and Vice Chair Wanda Johnson nominated Debra Minea to serve as Chair. Molly Skinner seconded the motion. The motion carried with a unanimous vote. Diane Kohsmann nominated Wanda Johnson to serve as Vice Chair. Dorothy Parker seconded the motion. The motion carried with a unanimous vote. Discussion and Consideration of Senior Center Wish List Acoustic work and surround sound for television are completed. The fitness room outlets are done and the Senior Center has an outdoor flag but still waiting for an update on the flag pole. Discussion on items of Interest for Potential Future Action None 7. Reports -Staff and Committees Jack Olsen stated that computer class attendance was down and he had to cancel two (2) classes. Welcome Committee -Dorothy Parker reported on the new member and old member recognitions at the Tuesday evenings Supper and Social. On the first Tuesday of every month she would like to recognize birthdays and anniversaries with a party. She will speak to Barbara Kirkland concerning the plans. Sunshine Committee - no report Social Committee - no report Senior Center Advisory Committee October 16, 2008 Page 3 of 3 Renee Garrett, Senior Center Supervisor, welcomed new members and passed out brochures and the newsletter. She announced that the Senior Center will have its own brochure starting in January 2009. It will be mailed directly to Senior Center participants. The Health Fair was a huge success. There were 75 seniors attend the Health Fair with 45 flu shots given and 47 vendors. Renee Garrett reminded everyone that the annual Monster Mash and Hobo Stew Party are October 28t" and the Holiday Party is December 11t" The Directory was passed out for review/corrections. Lila Coley is in charge of this project. The Directory is to be used strictly by Senior Center participants. Addendums can be added as needed. Renee Garrett, Senior Center Supervisor, reported that the Parks and Recreation Advisory Board had approved the Senior Center Master Plan at their October 6, 2008 meeting. It will go to Pre-Council on October 21, 2008 and then to City Council on November 5, 2008 for approval. 9. Citizen comments/presentation regarding items not on the agenda* Jack Olsen stated it was nice to attend the Senior Center Advisory Committee Meeting as a citizen. 10. Adjournment Molly Skinner moved to adjourn at 2:31 p.m. Wanda Johnson seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: Wanda H. Drexel, Administrative Secretary RESOLUTION R-08-3037 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF DECEMBER 2, 2008 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor