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HomeMy WebLinkAboutCity Council-Agenda Packets-1/20/2009ct~ - t„ - ~ ,.:., City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 20, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the date and time for canvassing the results of the May 9, 2009 General Election PC-2 Presentation of the Monthly Financial Report -December 2008 PC-3 Discussion of design alternatives for the Glade Road and Pool Road intersection improvements PC-4 Discussion of the January 20, 2009 regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville 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 1/15/2009 City Council Agenda January 20, 2009 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Tom Pimbleton, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3057 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of service on the Parks and Recreation Advisory Board - Pat Horn In recognition of service on the Colleyville Center Advisory Committee - Pat Jones and Molly Skinner In recognition of service on the SH26 Advisory Committee -Michael Cornell, Luann Edwards, Larry Johnson and Butch Wallace In recognition of service on the Colleyville Trails and Sidewalks Committee -David Klenzendorf, Nancy Jane Langford and Jack Olsen In recognition of service on the Celebrate Colleyville Steering Committee - Sue Anne Martinez, Faye Alldredge, Nancy Carroll and Jennifer Patterson In recognition of service on the Traffic Safety Advisory Committee -Sue Kijowski and Jody Short In recognition of service on the Senior Center Advisory Committee - Diane Kohsmann 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3058 4a Approval of the minutes of the regular City Council meeting of January 6, 2009 City of Colleyville Page 2 Printed on 1/15/2009 City Council Agenda January 20, 2009 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1705 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Longwood Estates at Ross Downs Addition, Case Z-08-016 5b 0-09-1706 Approval of a Special Use Permit (SUP) for an accessory building and servants or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition located at 7201 Trianon Court, Case Z-08-024 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING sa 0-09-1707 Approval to amend Ordinance 0-98-1130 relative to the Colleyville Tree Board 7. TABLED ITEM: 7a R-09-3055 Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1 R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Zoning Board of Adjustment Minutes -October 14, 2008 Library Board Minutes -November 10, 2008 Sign Board of Appeals Minutes -November 11, 2008 Planning and Zoning Commission Minutes -December 8, 2008 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OFJANUARY 20, } 2009 -Reading and Public Hearing -Resolution R-09-3059 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 16, 2009, by 5:00 p.m. City of Colleyville Page 3 Printed on 1/15/2009 City Council Agenda January 20, 2009 ,-. C~inthia Singleton, TRMC, CM 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 1/15/2009 ~„ ,., ~- City Hall 1 _ ;~ 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: Office of the City Secretary Agenda Date: 01/20/2009 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Discussion of the date and time for canvassing the results of the May 9, 2009 General Election Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 01/20/2009 City Council Title Discussion of the date and time for canvassing the results of the May 9, 2009 General Election Explanation This item is provided as an opportunity for the Mayor (presiding officer) to receive input from the City Council for determining the canvass date and time. The City Council may call a General Election to be held May 9, 2009, for the purpose of electing Councilmembers to Place 5 and Place 6. Staff will propose to enter into an agreement with Tarrant County to conduct the May 9, 2009 General Election. The results of the election are not official until the results are canvassed by the City Council during a public hearing, which must be posted 72 hours in advance. In accordance with the Texas Election Code, Section 67.003, each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer...and, Section 67.004, two members of the authority constitute a quorum for the purpose of canvassing an election. In accordance with the Texas Election Code, Section 67.003, the results must be canvassed not earlier than three days after the election (May 12) and not later than eleven days after the election (May 20). However, the canvass may not be conducted until the Ballot Board has verified and counted all provisional ballots and counted all timely received ballots cast from addresses outside the United States. Tarrant County Elections Administration will convene the Ballot Board by May 18, 2009, to count the provisional ballots and those cast from outside the United States. Therefore, the possible dates for the canvass are May 19 or May 20, and the meeting time may be set during the daytime or evening hours. Cify of Colleyville Page 1 Printed on 1/14/2009 Agenda Briefing Continued On the basis that a City Council meeting will be held May 19, 2009, and the City Charter, Section 3.01 states, "Regular terms of office shall commence at the beginning of the first regular meeting of the Council following the election as provided in Article 4", staff proposes the canvass to be conducted as the first order of business at the beginning of the regular May 19, 2009 City Council meeting. Therefore, the format of the meeting would be as follows: • Call to Order • Invocation • Pledge of Allegiance • Reading and Public Hearing -Canvassing the results of the General Election for Place 5 and Place 6, held May 9, 2009 • Oath of Office • Reception for Councilmembers • Election of Mayor Pro Tem The meeting would continue according to the regular agenda items. City of Colleyville Page 2 Printed on 1/14/2009 f ~. "~" 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: 01/20/2009 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-2 Final Action: File Name: Presentation of the Monthly Financial Report -December 2008 Attachments: December 2008 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/20/2009 City Council Title Presentation of the Monthly Financial Report -December 2008 Explanation The percentage of current year taxes collected is slightly ahead of that of December 2007. Sales tax revenue received in December was up $25,154 which is 14.16% over the amount received in December 2007. Seven residential building permits were issued in December, as compared to twenty-seven issued in December 2007. In Fiscal Year 2009, no new commercial building permits have been issued as compared to five that were issued during the same time period in Fiscal Year 2008. Permit revenues through December 2008 are $95,000less than those received through December 2007, and $150,000less than projected through December 2008. The average amount expended by the departments at the end of December 2008 is 21.7%. Utility Fund Water usage increased as compared to the amount sold through December 2007. The average amount expended by the Utility Fund at the end of December 2008 is 22.9%. City of Colleyville Page 1 Printed on 1/14/2009 MONTHLY FINANCIAL REPORT -DECEMBER 2008 GENERAL FUND FY 2009 REVENUE SOURCE BUDGET Current Taxes $9,616,931 Delinquent Taxes 55,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $9,726,931 TXU Electric Tri-County Electric Atmos Gas AT&T Verizon/Other Telecomm Providers Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits TOTAL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $887,190 119,000 340,000 126,100 51,250 135,050 192,900 $1,851,490 $2,561,375 87,000 $2,648,375 $864,473 88,987 63,376 98, 911 58,247 162,772 3,079 1, 400 6, 050 7, 359 15,000 $1,369,654 $780,000 45,000 33,600 $858,600 RECEIVED PROJECTED RECEIVED AS OF AS OF AS OF PERCENT' 12/31/2008. 12/31/2008 12/31/2007 CHANGE $3,872,055 $3,793,942 $3,412,387 13.47% 25,300 $12,000 24,313 4.06% 5,803 $5,000 5,983 -3.01% $3,903,158 ~ $3,810,942 ~ $3,442,683 ~ 1'3.38% $0 0 0 31,167 9,347 29, 018 54,146 $123,678 $202, 807 17,966 $220,773 $126,587 15,607 8,623 11,035 9,040 11,913 235 300 1,425 550 5,063 $190,378 $183, 224 9,100 5, 051 $197,375 $0 0 0 31,525 12,813 28,135 48,225 $120,698 ~ $183,557 21,750 $205,307 $216,118 22,247 15, 844 24,728 14, 562 40,693 770 350 1,513 1, 840 3,750 $342,414 $195,000 11, 250 8,400 $214,650 $0 0 0 31,764 8,915 28,472 51,890 $121,041 $177,652 22,905 $200,557 $192,557 20,714 13,296 18,157 14,270 29,641 430 151 1,765 1,075 3,450 $295,506 $163,619 6,200 6,021 $175, 840. 0.00% 0.00% 0.00% -1.88% 4.85% 1.92% 4.35% 2:'1:8% 14.16% -21.56% 1'0.08% -34.26% -24.65% -35.15% -39.22% -36.65% -59.81 -45.35% 98.68% ~ -19.26% -48.84% 46.75% 35.58% 11.98% 46.77% -16.11% 1'2.25% MONTHLY FINANCIAL REPORT -DECEMBER 2008 REVENUE SOURCE FY 2009 Re-zoning Plat Fee/Site Plan Board of Adjustment Sale of Material Weed Mowing Animal Impoundment Ambulance Recreation Program Non-Resident Fee Parks Field Use Charge Engineering & Inspection Chgs & Reimbursements Colleyville Center Rental Lot Drainage Insp Fee $9:i,'LU1 21,038 2,040 3,020 10,000 3, 250 250,000 168,130 20,050 17,700 100,000 2,000 230,000 25,000 TOTAL CHARGES FOR SERVICE DARE Officer Reimb TOTALINTERGOVERNMENTAL Sale of Surplus Property Interest Income Miscellaneous Use of Available Cash Antenna Lease TOTAL MISCELLANEOUS Transfer from Utility Fd TOTAL TRANSFERS $865,429 I $89,792 $89,792 $17,000 255,000 55,000 833,523 64,000 $1,224,523 $756,787 $756,787 RECEIVED AS OF 12/31 /2008 $1,270 1,814 500 499 2,273 460 54, 318 19,025 10,600 10,865 0 0 64,168 3,125 $168,917 $0 $0 $0 15,058 15,341 0 24,836 $55,235 $0 $0 PROJECTED AS OF 12/31 /2008 $3,30 5,26 51 75 2,50 81 62,50 25,00 10, 02 8,85 25,OC 5C 57,5C 6, 25 $208,7E $0 $0 $0 15, 000 5,000 0 27,450 $47,450 $0 $0 RECEIVED AS OF 12!31 /2007 $3,615 7,807 625 1,014 1,730 1,210 64, 895 15, 700 12,030 7,715 65,861 2, 955 63,200 6,725 $255,082- $0 $0 $0 35,690 3, 906 0 28,012 $67,608. $0 '$0 PERCENT CHANGE -64.87% -76.76% -20.00% -50.79% 31.39% -61.98% -16.30% 21.18% -11.89% 40.83% -100.00% -100.00% 1.53% -53.53% 33,78% 0.00% 0.00%a 0.00% -57.81 292.75% 0.00% -11.34% -1'8.30% 0.00% 0.00% TOTAL GENERAL FUND REVENUES $19,391,581 $4,859,514 $4,950,222 $4,558,317 6.61% MONTHLY FINANCIAL REPORT -DECEMBER 2008 TOTAL PERCENT FY 2009 THROUGH THROUGH INCREASE INCREASE BUDGET 12/31/2008 12/31/2007 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 59.64% 58.39% 1.25% 2.14% RESIDENTIAL BLDG PERMITS 160 24 46 (22) -47.83% COMMERCIAL BLDG PERMITS 10 0 5 (5) -100.00% PLUMBING/MECHANICAL PERMITS 1,200 284 351 (67) -19.09% ELECTRICAL PERMITS 400 89 128 (39) -30.47% CITATIONS ISSUED 11,000 2,449 2,679 (230) -8.59% CITATIONS APPEALED 550 193 162 31 19.14% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2009 THROUGH PROJECTED 25% OF THE BUDGET BUDGET 12/31/2008 EXPENDITURES YEAR COMPLETED REMAINING City Council and Secretary $588,992 $135,365 $142,937 23.0% $453,627 City Manager 589,919 148,313 148,054 25.1% 441,606 Finance 489,945 116,476 116,217 23.8% 373,469 Legal 106,823 24,598 17,804 23.0% 82,225 Engineering 553,500 135,369 137,430 24.5% 418,131 Economic Development 265,724 11,366 23,081 4.3% 254,358 Building Inspection 488,822 98,550 98,097 20.2% 390,272 Community Development 248,480 54,765 55,712 22.0% 193,715 Fire 3,851,923 970,573 970,704 25.2% 2,881,350 Police 4,285,946 1,059,305 1,059,758 24.7% 3,226,641 Parks 1,593,531 336,433 353,336 21.1% 1,257,098 Recreation 338,918 74,120 83,090 21.9% 264,798 Streets & Drainage 2,703,322 241,921 250,629 8.9% 2,461,401 Library 723,607 185,294 184,148 25.6% 538,313 Communications 222,531 73,115 74,175 32.9% 149,416 Colleyville Center 385,151 86,527 87,157 22.5% 298,624 Human Resources 231,111 56,877 54,336 24.6% 174,234 Municipal Court 255,870 60,688 59,990 23.7% 195,182 Fleet Maintenance 211,963 54,204 50,493 25.6% 157,759 Building Services 244,691 88,784 79,416 36.3% 155,907 Information Services 451,788 155,087 153,844 34.3% 296,701 Capital Equipment Reserve 135,000 38,560 38,560 28.6% 96,440 Transfer to Art Fund 7,500 0 0 0.0% 7,500 Performance Pay 396,351 0 0 0.0% 396,351 TOTAL EXPENSES $19,371,408 $4,206,290 $4,238,968 21.7% $15,1'$5,118 MONTHLY FINANCIAL REPORT -DECEMBER 2008 UTILITY FUND REVENUE SOURCE Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie-on Charges Engineering Charges Penalties Miscellaneous TOTAL OPERATING INCOME Interest Income Use of Available Cash TOTAL NON-OPERATING INCOME .TOTAL INCOME RECEIVED PROJECTED RECEIVED FY 2009 AS OF AS OF AS OF BUDGET 12/31/2008 12/31/2008 12/31/2007 $7,341,404 $1,956,919 $1,846,363 $1,827,471 2,264,638 610,497 566,160 563,538 22,900 3,000 5,725 8,700 48,000 7,180 12,000 11,910 5, 000 1, 500 1, 250 1, 500 35,000 125 8,750 22,530 168,106 52,791 42,027 56,984 15,000 3,697 3,750 3,627 $9,900,048 $2,635,709 $2,486,024 $2,496,260 $350,000 $26,593 $26,000 $58,191 100,000 0 0 0 $450,000 $26,593 $26,000 $58,191 $10,350,048 $2,662,302 $2,512,024 $2,554,451 PERCENT CHANGE 7.08% 8.33% -65.52% -39.71 0.00% -99.45 -7.36% 1.93% 5.59%a 0.00% 0.00% 0.00% 0 4,22% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 12/31/2008 12/31/2007 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 606,604,300 558,902,900 47,701,400 8.53% NUMBER OF WATER CUSTOMERS 8,926 8,760 166 1.89% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2009 THROUGH PROJECTED 25% OF THE BUDGET BUDGET 12/31/2008 EXPENSES YEAR COMPLETED REMAINING Administration $214,836 $52,199 $51,454 24.3% $162,637 Billing 576,216 115,540 127,762 20.1% 460,676 Operations 7,459,221 1,431,547 1,438,804 19.2% 6,027,674 Debt Service 885,482 683,029 683,029 77.1% 202,453 Merit Adjustment 48,536 0 0 0.0% 48,536 Transfer to Art Fund 7,500 0 0 0.0% 7,500 Transfer to General Fund 756,787 0 0 0.0% 756,787 TOTAL EXPENSES $9,948,578 $2,282,315 $2,301,049 22.9% $7,666,263 ~> ~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: 01 /20/2009 Agenda No.: PC-3 Controlling Body: City Council Final Action: File Name: Discussion of design alternatives for the Glade Road and Pool Road intersection improvements Attachments: Street Capital Improvement Financial Summary History of Legislative File Version: Date: Acting Body: Action Text: 01/20/2009 City Council Title Discussion of design alternatives for the Glade Road and Pool Road intersection improvements Explanation City Council approved a ten year Street Capital Improvement Plan (CIP) in September 2008. The initial improvement projects in Fiscal Year 2009 (FY 2009) include street rehabilitation and resurfacing in the Tara Plantation Addition and design of intersection improvements at Glade Road and Pool Road. The Tara Plantation Addition project is currently being designed in-house and is scheduled to be advertised for bids in Spring 2009. Over the last six months, representatives from homeowner associations surrounding the intersection of Glade Road and Pool Road, as well as individual citizens, have expressed concerns over the proposed intersection improvement project. The majority of the concerns relate to pedestrian safety for children and reduction of traffic congestion in this area. As a result, staff determined the need to perform the design of the Glade Road and Pool Road intersection project in two phases. Staff requested the firm of Baird, Hampton and Brown, Inc. submit a proposal for Phase I, which will consist of the following: 1. A study to determine the optimum type of roadway improvements at the intersection of Glade Road and Pool Road, in terms of geometrics, enhanced traffic movement, and pedestrian safety. 2. A subsequent presentation of the results of the study to City Council. 3. Presentation of the proposed conceptual design at a public informational meeting (if deemed necessary). It is anticipated the results of the study will be available for presentation to City Council in early March 2009. A contract with the engineer for design of the intersection improvements may be submitted to City Council for consideration in April 2009. Baird, Hampton and City of Colleyville Page 1 Printed on 1h5/2009 Agenda Briefing Continued Brown, Inc. successfully designed the new Church Street improvements from SH26 to Pleasant Run Road. As indicated in the attached Street Capital Improvement Financial Summary, the Glade Road and Pool Road intersection, along with five other intersection projects, are scheduled for design in each fiscal year through 2012. 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City of Colleyville 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 - 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 1/14/2009 RESOLUTION R-09-3057 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 20, 2009 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 ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2009. CITY OF COLLEYVILLE David Kelly Mayor ~1~~-- City of Colleyville 100 Ml ain Street ~V~Yt~~y'1~~1 f 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: 01/20/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -January 20, 2009 Attachments: Board, Commission and Committee Plaques.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/20/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of service on the Parks and Recreation Advisory Board -Pat Horn In recognition of service on the Colleyville Center Advisory Committee -Pat Jones and Molly Skinner In recognition of service on the SH26 Advisory Committee -Michael Cornell, Luann Edwards, Larry Johnson and Butch Wallace In recognition of service on the Colleyville Trails and Sidewalks Committee - David Klenzendorf, Nancy Jane Langford and Jack Olsen In recognition of service on the Celebrate Colleyville Steering Committee -Sue Anne Martinez, Faye Alldredge, Nancy Carroll and Jennifer Patterson In recognition of service on the Traffic Safety Advisory Committee -Sue Kijowski and Jody Short In recognition of service on the Senior Center Advisory Committee -Diane Kohsmann City of Colleyville Page 1 Printed on 1/9/2009 Presented to PAT HORN In Appreciation for Dedication and Service on the Parks and Recreation Advisory Board 2006 - 2008 Presented to PAT JONES In Appreciation for Dedication and Service on the Colleyville Center Advisory Committee 2003 - 2008 Presented to MOLLY SKINNER In Appreciation for Dedication and Service on the Colleyville Center Advisory Committee 2003 - 2008 Presented to MICHAEL CORNELL In Appreciation for Dedication and Service on the SH26 Advisory Committee 2006 - 2008 Presented to LUANN EDWARDS In Appreciation for Dedication and Service on the SH26 Advisory Committee 2006 - 2008 Presented to LARRY JOHNSON In Appreciation for Dedication and Service on the SH26 Advisory Committee 2006 - 2008 Presented to BUTCH WALLACE In Appreciation for Dedication and Service on the SH26 Advisory Committee 2000 - 2008 Presented to DAVID KLENZENDORF In Appreciation for Dedication and Service on the Colleyville Trails and Sidewalks Committee 2007 - 2008 Presented to NANCY JANE LANGFORD In Appreciation for Dedication and Service on the Colleyville Trails and Sidewalks Committee 1999 - 2008 Presented to JACK OLSEN In Appreciation for Dedication and Service on the Colleyville Trails and Sidewalks Committee 2007 - 2008 Presented to SUE ANNE MARTINEZ In Appreciation for Dedication and Service on the Celebrate Colleyville Steering Committee 2008 Presented to FAYE ALLDREDGE In Appreciation for Dedication and Service on the Celebrate Colleyville Steering Committee 2008 Presented to NANCY CARROLL In Appreciation for Dedication and Service on the Celebrate Colleyville Steering Committee 2007 - 2008 Presented to JENNIFER PATTERSON In Appreciation for Dedication and Service on the Celebrate Colleyville Steering Committee 2007 - 2008 Presented to SUE KIJOWSKI In Appreciation for Dedication and Service on the Traffic Safety Advisory Committee 2004 - 2008 Presented to JODY SHORT In Appreciation for Dedication and Service on the Traffic Safety Advisory Committee 2004 - 2008 Presented to DIANE KOHSMANN In Appreciation for Dedication and Service on the Senior Center Advisory Committee 2008 RESOLUTION R-09-3058 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JANUARY 20, 2009 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of January 6, 2009 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 2009. CITY OF COLLEYVILLE David Kelly Mayor "~°` City of Colleyville ~~ ~ City Council Minutes -Draft Tt..:~- City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 6, 2009 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 6, 2009, at 5:34 p.m. PC-1 Mayor Kelly wished everyone a Happy New Year. Mayor Kelly introduced City Manager candidates Ms. Jennifer Fadden and Mr. Matthew Mueller. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, Interim City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Human Resource Manager Elise Welborn, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Parks and Recreation Director Monica Walsh, Marketing Coordinator Jamie Jones, Management Assistant Christine Loven, Network Administrator Paul DePingre, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Discussion of possible amendments to Colleyville Mass Gathering and Alcoholic Beverage Regulations Community Development Manager Ron Ruthven provided information regarding the purpose of the mass gathering and alcoholic beverage regulations and stated the current regulations only apply to events that draw crowds of more than 500 persons at any one time for a period of more than eight hours. Mr. Ruthven outlined the proposed changes to the regulations, including a proposed amendment to Chapter 6 - Alcoholic Beverages in the Code of Ordinances, regarding the sale of alcohol at an approved mass gathering event. There was discussion regarding the approval process, the need for public safety officers at an event serving alcohol, applicant screening process and a public notification process of approved amendments. City of Colleyville Page 1 Printed on 1/15/2009 City Council City Council Minutes -Draft January 6, 2009 PC-2 PC-3 Discussion and consideration of contracting with a cost recovery service for Fire Department responses Interim Fire Chief Russell Shelley provided an overview of Fire Department expenses associated with vehicle accidents, gas line breaks or leaks, hazardous materials incidents and vehicle fires and the proposed process for recovering the cost. Discussion ensued regarding the current process for recovering costs for Fire Department responses, private insurance coverage and criteria for determining the responsible party. The City Council requested information regarding the cost recovery policy of area cities and the percentage of incidents that involve citizens and non-citizens. Discussion of the January 6, 2009 regular agenda items There was discussion regarding agenda item 5b related to a sprinkler system for the secondary structure and staff recommendation, consent agenda item 4b related to the Blade server technology and capacity and consent agenda item 4g regarding the services provided for unincorporated properties. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:44 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 6, 2009, at 7:30 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, Interim City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Planner Justin Bass, Library Director Mary Rodne, Parks and Recreation Director Monica Walsh, Marketing Coordinator Jamie Jones, Management Assistant Christine Loven, Network Administrator Paul DePingre, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. City of Colleyville Page 2 Printed on 1/15/2009 City Council City Council Minutes -Draft January 6, 2009 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. 551.074 -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 Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, Section 551.74, Personnel and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:44 p.m. and reconvened at 7:30 p.m. INVOCATION: Pastor Ricky Texada, Covenant Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3053 Mayor Kelly read Resolution R-09-3053 in its entirety. City of Colleyville Page 3 Printed on 1/15/2009 City Council City Council Minutes -Draft January 6, 2009 Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-09-3053. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 3. ANNOUNCEMENTS AND PRESENTATIONS Mayor Kelly invited everyone to visit the Digital Book Mobile, located in the Market Street parking lot, on January 20, 2009, 11:00 a.m. to 6:00 p.m. Mayor Kelly invited citizens to participate in the Citizen's Fire Academy and Citizen's Police Academy with classes beginning in January, and stated graduates are eligible to join the respective alumni associations, which support the efforts of the fire and police departments. Councilmember Taylor encouraged citizens to participate in the Citizen's Fire Academy and the Citizen's Police Academy and commended both departments for the community outreach programs. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3054 4a Approval of the minutes of the regular City Council meeting of December 16, 2008 4b Adoption of the Texas Commission on Environmental Quality (TCEQ) Idling Limitations Rule and North Texas Memorandum of Agreement (MOA) with the TCEQ 4c Approval of setting the dates of February 17, 2009 and March 3, 2009 for public hearings to consider approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code 4d Approval of the purchase of a Blade and Storage Area Network (SAN), in an amount not to exceed $85,000.00, and authorizing the City Manager to execute the agreement City of Colleyville Page 4 Printed on 1/15/2009 City Council City Council Minutes -Draft January 6, 2009 4e Approval to purchase four Dodge police vehicles with equipment, and one Dodge administrative vehicle with equipment, from The Clark Group / McKinney Dodge, through a Cooperative Purchasing Program with the State of Texas, in an amount not to exceed $154,370.00, and authorize the City Manager to execute the agreement 4f Approval of a construction contract with Access Paving Inc., in an amount not to exceed $149,600.00 for the Pleasant Run Trail Improvement Project, and authorize the City Manager to execute the contract 4g Approval of the renewal of an annual contract with the Tarrant County Emergency Services District for Fire/EMS response to unincorporated Bandit Trail, and authorizing the City Manager to execute the contract Mayor Kelly read Resolution R-09-3054 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-09-3054. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-09-1705 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Longwood Estates at Ross Downs Addition, Case Z-08-016 Mayor Kelly read the caption of Ordinance 0-09-1705. Community Development Manager Ron Ruthven provided an overview of the request to amend the Planned Unit Development Commercial zoning and development requirements and stated the Planning and Zoning Commission and staff recommends approval. Mayor Kelly opened the public hearing. City of Colleyville Page 5 Printed on 1/15/2009 City Council City Council Minutes -Draft January 6, 2009 Mr. Tom Matthews, representing the applicant, spoke regarding types of tenants and was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding traffic flow and landscaping requirements. 5b 0-09-1706 Approval of a Special Use Permit (SUP) for an accessory building and servants or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition located at 7201 Trianon Court, Case Z-08-024 Mayor Kelly read the caption of Ordinance 0-09-1706. Community Development Manager Ron Ruthven provided an overview of the request for a Special Use Permit for an accessory building and servants quarters and stated only one water meter and electric meter will serve the entire property and the Planning and Zoning Commission recommended approval and staff recommends denial. Mayor Kelly opened the public hearing. Mr. Paul Kramer, Castlegate Homes, representing the property owner, provided an overview of the development community and property and information regarding density and use of accessory buildings. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly requested the ordinance include a requirement that all structures on the property be equipped with fire sprinkler systems. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3055 Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 Mayor Kelly read Resolution R-09-3055 in its entirety. Community Development Manager Ron Ruthven stated that a proposed amendment to The Land Development Code to eliminate the automatic sidewalk construction requirement for all properties, and require new sidewalk construction requirements adhere to the Supplemental Sidewalk System Map will be presented to the City Council for City of Colleyville Page 6 Printed on 1/15/2009 City Council City Council Minutes -Draft January 6, 2009 consideration, and provided an overview of the request for a waiver for the construction or escrow of funds for sidewalks on Oak Knoll Court. Mr. Ruthven further stated staff recommends the payment of escrow funds in lieu of construction be required as recommended by the Supplemental Sidewalk System Map. Mayor Kelly opened the public hearing. Mr. Jenson Gainer, applicant, spoke regarding the need and requirement for sidewalks in the neighborhood and provided information regarding previous requests for waivers for construction or escrow of funds for sidewalks. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the development of the Supplemental Sidewalk System Map by the Colleyville Trails and Sidewalks Committee, desire for a more pedestrian friendly City, current and future use of escrowed funds for sidewalk construction and delaying action on the item until the proposed amendment to The Land Development Code regarding the automatic sidewalk construction requirement is considered by City Council. Mayor Pro Tem Ayers moved to table Resolution R-09-3055. Councilmember Hart seconded the motion. Councilmember Taylor made a friendly amendment that the Certificate of Occupancy be issued if all requirements, except the escrow of funds for sidewalk construction, are met. Councilmember Taylor stated he is making full disclosure that he is a customer of the applicant. Mayor Pro Tem Ayers and Councilmember Hart accepted the friendly amendment. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. City of Colleyville Page 7 Printed on 1/15/2009 City Council City Council Minutes -Draft January 6, 2009 8. REPORTS: There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 6, 2009 -Reading and Public Hearing -Resolution R-09-3056 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:18 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 8 Printed on 1h5/2009 Date: ~.~~ ) SPEAKER CARD I will speak In Support of this item. ~ ~ ~ ~~ S I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ s `,r~,~ p.o~p,~ i 'on Agenda Item Numb~r~~ Ordinance/Resolution umber: t Name: Address: ~~(oG3 ~~~~..~~s~ City: ~~ ~ State:' Zip Code: ~wC~ Telephone Numb • ~ ~~? ~~~ 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 Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. ,,~z ~,~ ~~ City of Colleyville 100 Main Street ~~~~ rv ~ Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1705 File Number: 0-09-1705 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01/20/2009 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Longwood Estates at Ross Downs Addition, Case Z-08-016 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Site Plan • Exhibit Ordinance 0-95-987 Ordinance 0-04-1474 Ordinance 0-09-1705 History of Legislative File Version: Date: Acting Body: Action Text: 1 12/08/2008 Planning and Zoning Commission 1 01/06/2009 City Council 1 01/20/2009 City Council Title Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Longwood Estates at Ross Downs Addition, Case Z-08-016 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the January 6, 2009 meeting. First Reading and Public Hearing David McMahan, of Four Peaks Development, Inc., has submitted a request to amend Ordinance 0-04-1474 that allows aPUDC-Planned Unit Development Commercial zoning district for office, retail and restaurant uses on approximately 7 acres, located at 7153-7171 Colleyville Boulevard. Existing Zoning. Ordinance 0-04-1474 was approved by City Council on August 17, 2004. The PUDC ordinance amends the commercial portion of the original ordinance (0-95-987) for Longwood Estates at Ross Downs by allowing for CC-1 and CC-2 uses, excluding convenience stores and restaurants with drive-through services, due to concerns voiced by the residential portion of the Longwood Estates at Ross Downs Addition. City of Colleyville Page 1 Printed on 1/15/2009 Agenda Briefing Continued (0-09-1705) Proposed Zoning Amendment. The applicant is seeking to amend the existing ordinance to allow for adrive-through coffee shop use on the north-facing wall of the existing building, on Lot 2 ,located adjacent to Colleyville Boulevard. The recently constructed 9,950 square foot shell building includes a window, located on the north-facing wall, which could be used for drive-through services if a permitted use moves into this portion of the building. The applicant can currently lease to tenants such as a bank or dry cleaner, which are permitted to operate adrive-through service in this portion of the development. Master Plan. The Colleyville Plan designates the subject property for retail uses. Surrounding Properties. The surrounding properties consist of a variety of land uses. The property to the west is zoned ML-Light Manufacturing and contains retail uses. Properties to the north are zoned PUDR-Planned Unit Development Residential and contain single family residential uses and Big Bear Creek. The properties to the east are zoned PUDC-Planned Unit Development Commercial, ML-Light Manufacturing and are currently vacant. Properties to the south are zoned PUDC-Planned Unit Development Commercial and contain single family residential homes. Public Notification. Staff mailed notices to 21 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding the request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the December 8, 2008 meeting by a vote of 7-0. Summary. The applicant is requesting the amendment in order to provide space for a potential coffee shop tenant. The PUDC already allows for other potential drive-through uses, such as a bank ordry-cleaner, at this location. Financial Impact It has been determined that there is no financial impact. Recommendation Approval with the conditions stated in the draft ordinance. City of Colleyville Page 2 Printed on 1/14/2009 Location and Zoning Map Notification List Public hearing notices were mailed by Amy Shelley on Wednesday, November 26, 2008. Signature Statement of Planning Objectives PLANNING OBJECTIVES FOR LONGWOOD PLAZA This application is being made to modify or amend the current zoning for Lot 1, Block 11, Longwood Estates at Ross Downs to more particularly permit, with restrictions, a drive-through restaurant on sub-lot 2. During the original zoning of this property, discussions were put forth that the City did not want adrive-through restaurant such as McDonalds or Wendy's at this location. The applicant agreed to that position and still concurs with that position. This request is being made by the owner of sub-lot 2 to allow a user such as a coffee store, that may serve some food items, be allowed to locate and operate on this property and utilize the drive through window designed and being constructed with this development. It is proposed by the applicant that the qualification, or threshold, to determine if a user is a restaurant in the traditional since or not, and would therefore be disqualified from utilizing the drive-through provided in the development would be if the sales of traditional food items, not drink items, accounts for more than fifty percent (50%) of the gross revenues generated by the store located herein, that user may not utilize the drive through facility. We respectfully request your approval of this modification to the existing zoning ordinance and hope this change will allow a user that will compliment other users within the entire project and will help attract other retail tenants to the building. DEVELOPMENT SCHEDULE The retail building on sub-lot 2 of Lot 1, Block 11, Longwood Estates at Ross Downs is currently under construction. Approval, or disapproval, of this application will have no impact on the design of the building itself, the parking, drives or landscaping. This proposed change will not effect the timing of the development other than it may increase the lease-up time of the center as the change will allow the center to accommodate several different users who have expressed an interest in the location. OWNERSHIP The project is currently being developed by, and will be owned by, Longwood 26, Ltd. RECEIVED Per ............. Site Plan 0 ~ ~ r D ~ ~ IT1 frl ~ _ ~ _ m D ~ ~ oz co ~, <~ 0 w: N ~~ 4 m I ~~ ~ ~~ II i ~j "' f _ ~ _ _ _ szSar o2 e ns.or ~ _ , G I N ~ 4 ti o 24' FIRE LANE - ~' ;~c - F~ m ~ ~ I, l ~ i 1 i i f II I „ ~ ~ I ~ , r- ill' ICI ~ i ~a '~,}_.~ ~~ ~ ~r t I .~ ~ IN r s > °I~ ~ I ~ ?Q ~ ~ Is _t , I ~ T mil ~ 3q I o ~ a ~~ ~ ~o ~ I I y I ` "~I ~ ~ o°o z~ i A III I ~ m r ~~ m~~ ~ i ~ ~- I. II' I I ~ T _>~~ o o o - I II- o ~ ~ i ~ I ~; ° I m - ~ I I li ~ o i I ~ ° I I~ ~~ I ~ • ~„_f~ I ~ ~I N O I I €~ n `I ~I~ ~ i I ' 1; ti -~- - ~ ~ I ~ o - ~ '~I - I i =§ bl • i ~~ I ~ ~ mi i Ia yl ~z ~; I i >I ~ ~ ~ I _ - -.. - ' O ~, I wt ~. I ~ ~Y i iT °= ~ 15' UTILIT Y EASEMENT -. ~: - - - - I N2$ 02' 02"W 176.36' ~~~~~ ~~ ~A I ~ ~~', 5 S; ~ ~p' ICI € ~.~i_ ~' ~g~~~1R~ ~ ~ ~~'~~,°l~°'~I ~~ eel ,~ ~...~ G.-',~~~,x~~3r ~~ ~. lei, o ~ ~ ~i ~ i~g ~~~~~~~ I~~I l a ~~i ~~ ~ I' I ~ I g I ~I 'I ~ I ~ 'i li II I a l ~ I q i fill ~~~ ~I~II, i_l I~ I. i Z ~~ ~ ~~~~~ a~ X ~~~.~~ ~~~e£~~ Z ~~~~~ S ~g~~$g~ a ~€`~~q4" s~FAg~ o b ~ ~~ ~ g~~' S F R ~ ~ LONGWOD/26 LTD, I ~ R P G A `~~'tiQ ~ ~ ~ ~ ~ ~ D b s NEW RETAIL BUILDING AT: ~ ~ o e s i o ra o w o u v. VILLE BLVD • i ~ I ri c. ~, •-•-•~-~• ~~~ ~ ~ ~ - ~ . -•••~•-_•••- -•----•--- -• 7171 COLLEY ~ ~ N z COLLEWILLE TEXAS ,...-..~..-.~.• .........~..,. ..,~-.. ....~ i gggggt ~ .e .~.,.....~ E~v A Exhibit !~ J~ Y, . _j_+ _ ~ ~ ~~ ~_. - - ~ - ~~~~ -_ -- - - b`S~~ _:-, ~~~_= ORDINANCE 0-95-987 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIALZONING MAPAND CHANGING THE ZONING OF 21.299 ACRES OUT OF THE M.W. DAVENPORT SURVEY, ABSTRACT 432; THE J.N. GIBBON SURVEY, ABSTRACT 591, TRACTS 4A3, 4A1, 4A3B AND THE ROBERT CROWNING SURVEY, ABSTRACT 294, TRACT 1E AND A'~ PORTION OF TRACT 1, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE ML' (LIGHT MANUFACTURING) DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL WITH 28 RESIDENTIAL LOTS) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by John Cole, Colleyville Development Limited Partnership on February 22, 1995,under Case No. Z- 95-007; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before both the Planning and Zoning Commission and the City Council; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A} are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B) by changing the zoning of said property from the ML (Light Manufacturing} district to the PUD-C {Planned Unit Development-Commercial) districttogetherwith all site plans, 0-95-987 Page2of11 supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to: the Development Standards, which are Attachment 1 to this ordinance, and the Conceptual Site Plans, which are Attachment 2 to this ordinance. Attachments 1 and 2 shall be incorporated in this ordinance for all purposes. Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT 1S SO ORDERED. The first reading and public hearing being conducted on the o?/sf day of r , 1995. The second reading and public hearing being conducted on the ~ day of ~ 1995. The third reading and public hearing being conducted on the l~'~ day of ~ ~ , 1995. ATTEST: G?/~~`u-'~~ an Hams, CMC i City Secretary CITY OF COLLEYVILLE Cheryl Feigel Mayor APP OVED AST FORM AND LEGALITY: ~_ ~ _ Ross T. Foster City Attorney SECTION 3.14 OF CITY CHARTER: IF THE MAYOR SHALL NEGLECT TO APPROVE OR OBJECT TO ANY SUCH PROCEEDINGS FOR A LONG- ER PERIOD THAN SEVEN (7) DAYS AFTER ORDINANCE OR RES- OLUTION IS PLACED IN THE OFFICE OF THE CITY SECRETAR AS AFORESAID, THE SAME SHAL BECOME EFFECTIVE IMMEDIATEL UPON PUBLICATION AS REQUIRE BY LAW. EFFECTIVE MAY 15, 1995 AG RpNi tIMAR ~PUD-R 1 \ 3.1 M~"T;~::;~i:::.:::~::.. ~:4A3".. r::<:::; ::>;;::::::::::; ;:::;::::::: ~UE~ ~ ::::.::.. ~' ..... . t ....... .... ~.--r-~'~..~- ;.;:. ~ tV :: ;;;:.::::7..,.....,1 1 3 ~ ~ r. 6 1O 7 3G ~~ .. ~ ~ ~ 9 , ! 10 ~ l 9 p 1 1213 t 4 ~, 227 .~+ ~ 9 ~ 25 1 8 6~ ~ 8 ~ 2 , 24 ~~~ ~4 ,/. 4A Y~L~~~ PUO-R ~i~ y' f r A .t~ /~ /~ U,,/ EXHIBIT A ORDINANCE 0-95-987 LEGAL DESCRIPTION BEING all that certain tract, parcel, or lot of land located in the ROBERT CROWNING SURVEY, Abstract No. 294, the J. N. GIBBON SURVEY, Abstract No. 591, the M. W. DAVENPORT SURVEY, Abstract No. 432, and the A. J. LOTT SURVEY, Abstract No. 963, Tarrant County, Texas, and more particularly described as follows; BEGINNING at a point In the south right-of-way line of State Highway No. 26 (Colleyville Boulevard) and the west right-of--way line of Longwood Drive, for the beginning of a curve to the right with a central angle of 2b°29'29", a radius of 470.00 feet, a tangent length of 110.63 feet, and a chord bearing of S 08°14'44" E, with a chord length of 215.38 feet; THENCE an arc length of 217.31 feet along said curve; THENCE SOS°00'00" W, 85.45 feet to the beginning of a tangent curve to the left, with a central angle of 59'°48'02", a radius of 530.00 feet, a tangent length of 304.77 feet, and a chord bearing of S 24°54'01" E, with a chord length of 528.40 feet; THENCE an arc length of 553.17 feet along said tangent curve; THENCE S 54°48'02" E, 22.38 feet to the beginning of a tangent curve to the right, with a central angle of 13°13'52", a radius of 475.02 feet, a tangent length of 55.09 feet, and a chord bearing of S 48°11'11" E, with a chord length of 109.45 feet; THENCE an arc length of 109.70 feet along said tangent curve to the beginning of anon-tangent Line; THENCE S 78°49'39" W, 527.87 feet; THENCE S 79°37'39" W, 737.55 feet; THENCE N Ol°13'48" E, 269.94 feet; THENCE N 89°31'06" W, 23.99 feet; THENCE N 00°04'22" W, 120.70 feet; THENCE N 79°37'39" E, 301.03 feet; THENCE N 23°47'43" W, 163.09 feet; THENCE N 86°48'58" W, 229.10 feet; THENCE N 00°1724" W, 22.11 feet; THENCE S 89°42'25" W, 59.16 feet to the beginning of anon-tangent curve to the right, with a central angle of 04°52'27", a radius of 2814.79 feet, a tangent length of 119.80 feet, and a chord bearing of N 54°55'14" E, with a chord length of 239.38 feet; THENCE an arc length of 239.45 feet along said non-tangent curve to the beginning of anon-tangent line; THENCE N 66°56'39" E, 137.41 feet; ALLBDY.FNS February 22, 1995 EXHIBIT B ORDINANCE 0-95-987 THENCE N 67°07'40' E, 502.20 feet; THENCE N 66°11'40" E, 206.12 feet to the POINT OF BEGINNING, containing 17.926 Acres (780,840 square feet) of land, more or less. ALI.BDY.FNS February 22, 1995 EXHIBIT B ORDINANCE 0-95-987 LEGAL DESCRIPTION TRACT 2 BEING all that certain tract, parcel, or lot of land located in the J.N. GIBBON SURVEY, Abstract No. 591, Tarrant County, Texas, and more particularly described as follows; BEGINNING at a point in the south right-of-way line of Colleyville Boulevard (State Highway 26); THENCE N 66%%dll'40" E, 379.76 feet; THENCE S 34%%d56'20" E, 309.90 feet; THENCE S 04%%d01'40" W, 136.64 feet; THENCE S 90%%d00'00" W, 494.49 feet to a point in the east right-of--way line of Longwood Drive (a 60' R.O.W.); THENCE NOS%%d00'00" E, 28.93 feet to the beginning of a tangent curve to the left, with a central angle of 22%%d48'12", a radius of 530.00 feet, a tangent length of 10688 feet, and a chord bearing of N 06%%d24'06" W, with a chord length of 209.55 feet; THENCE an arc length of 210.94 feet along said tangent curve to the POINT OF BEGINNING, containing 3.456 Acres, (150,545 square feet) of land, more or less PZON4ti.FNS February 22. 1995 EXHIBIT B ORDINANCE 0-95-987 DEVELOPMENT STANDARDS 6.97 ACRE COMMERCIAL TRACT COLLEYVILLE DEVELOPMENT LIMITED PARTNERSHIP 1. The Site Plan submitted at the time of approval of the PUD-C zoning for the subject tract is conceptual in nature. A revised Site Plan will be submitted for approval by City Staff prior to issuance of Building Permits. 2. The minimum rear setback along the southern and western edge of the property shall be 25 feet. 3. The final site plan submittal shall include elevation designs of all sides of the buildings. 4. All mechanical equipment and dumpsters shall be screened from all views. 5. All facades will be in accordance with stipulations and regulations of the City of Colleyville Building Codes. Design features may include decorative tile, stone, brick or block provided such design features conform to all City requirements. 6. All conditions listed here shall be in addition to the requirements for the site set forth in the Zoning Ordinance and Building Code. 7. Building signage will be coordinated by the Developer to insure consistency and aesthetics and be subject to approval by the City Staff. 8. A screening fence shall be erected along the southern and western edge of the property. 9. Sidewalks shall be provided in accordance with the Sidewalk Ordinance on or adjacent to the rights- of-way of Highway 26 and Longwood Drive. 10. Building hontage along Longwood Drive will be a minimum of 120 feet. 11. All landscaping will be done in accordance with the City of Colleyville Landscape Ordinance. 12. If no parking is provided between the proposed buildings and the street, then the building setback line can be varied to zero. 146002DE.STD ATTACHMENT 1 ORDINANCE 0-95-987 Ordinance COLE PROPER2'Y: Development Standards 1. Residential Use a. Single-family dwellings only, not to exceed two stories. 2. Size and Conditicn of douse a. Minimum house size to be 2,000 s.f. (single story) and 2,300 s.f. (twv story). b. 85$ constructed of brick, stone or approved masonry on the first floor. 3. Landscaping and Retaining Walls a. AlI retaining walls, planter walls and mail boxes visible from any public right-of-way shall be con- structed of brick, stone, wrought iron or a combina- tion thereof. 4. Garages a. Maximum of three car garage. b. Minimum of two car garage. c. Front, side or rear entry (corner lots require matching masonry wing screening wall acceptable to the Architectural Cantrol Committee on side street if garage is to be accessed from side street). 5. Roof a. 8/12 pitch b. Slate, copper, clay the or Architectural Control Committee approved composition shingle. 5. Exterior Surface Site plan and all elevations shall be approved by the Architectural Control Committee. 7. Sidewalks and Driveways Front sidewalks will be required. All driveways and sidewalks shall be of concrete or of clay brick or con- crete brick pavers approved by the Architectural Control Committee. ATTACHMENT 1 ORDINANCE 0-95-987 Ordinance -2- 8 . ~'e^^~s a.^_d wale s Fences and walls shall be no higher than 8 feet. All fence designs must be approved by the Architectural Control Committee. 9. Storage of Non-Motorized Vehicles and Equipment None allowed where visible from streets, Common Area and adjacent lots. 10. Covenant to Complete Construction a. Construction must begin within one year from acquisition of the lot. b. Construction must be complete within six months. 11. Antennas a. No radio or TV antennas visible on the property. b. Satelite dishes must be screened and shall not be visible from streets and adjacent lots. c. No ground mounted radio antennas will be permitted. 12. Vehicles a. No vehicle may be parked on public right-of-way over 24 hours. b. Storage of trucks or other oversized vehicles shall not be allowed in driveways. ATTACHMENT 1 ORDINANCE 0-95-987 ! ~ f t f t+ ,.~ ' +1 er• il' :1 t t•1 ~ ~: i !j . a~l ! ~(I1 ( s.}~ ii 't :, ( ~ vT Ij:~ if~l~ tsil ! t:l; ti i,l~ ;i ;i i~i•~ !_i ! .1: ~' i! ; 1 3 1 i i i it-; it i ; !i t .i t}; ~ El .; t i r ~: r ~I:~ fTI!• i i i i i i i i i i i i i i i i i i i e`.,l e~f'.f t i 3 3 f t t i i i f 7 1 3 i 3 i I i!~ `` ':'t=' r ~ET, 1 ~~ !ij' T~ TT_,i f ,. ~:.~ lI t~ T r ~~jl ~ S f ! !` it~1 ,. _ . r u ~. ~ - !! f7• 2~ c } i4~ ,7 i i i i i • i, t ~~ ., O ., - ti• Z ~` ~~ •Lt •, ,••,_i111~ ••` ~~ `J r • \. `•~ i *.. \ t ~! ~` ~ ~ ~ ~.~ ,~\1. . ,. ~ , ~ '. ~ ~, ~ '• k~ ;;•~g j ~1 z _• Q- ! ~ rr. j' ! ~ i3 ~ E F ~:l~ P : ~ a ~ • . ~ .: ~f ~I.11 ' ~ 3 `~ t' s ':' ii l.: 1 ; _ ( i ~ :: i -! l! ~i( i'! ' ! i 1# ~+' '/~ ~~ ~ ~~ ~ ~.1 .\~ I ~ ~~ ~~ 'a " ~~ C ~ ~! ~- ~i lit; t t tl ,~ 3 :~ ; ~. • i ~;, ( € ~~~ ATTACHMENT 2 ORDINANCE 0-95-987 ~~ T I ~~ ~~ l T i If 1 I ~ ~. ~. i I . ~j tti ~ ~ltjl~' f •. I ~ rj~~ itji+~ ff I i ~- 1e • 4 ~~'•.~ ~ I ~ ; ~ ~ ~ ~. I ~ ~ ..~TTTTTLJ `- I ~ ~ ~ -_ :i I ' ' '' .~~ . , 'I I i __ ,~ \ ~ j ~~' ~~ I I I I t I :, - ~ I ; ~_ I / i ! J I - ~ . II ~~ 1 w L~ ~ ~ ~V~ y' ~...I..i.iJi.V~ ~ ~ ~ ~~ 'I r i_ ~. ~ ,~+- ti ~., ~, ., . ~,, . .- - .~. ~! ~; ~~ ~~`~ _ 1 I t 1 1 ' I ' i - ~ ~ ~~ ,~ / '' t t~ ~ ~ ti1!^ - ..~ ~ w ~f_ u~;~~ ~ -_ ~H1~ jiii~ II« ~ 1:11 w ~!~! y'~i 111, ._'~ Z <' P /~ .~ Ci 7 • ATTACHMENT 2 ORDINANCE 0-85-987 ORDINANCE 0-04-1474 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEWILLE, TEXAS, BY AMENDING ORDINANCE 0-95-987 AS 1T RELATES TO THE COMMERCIAL DEVELOPMENT STANDARDS FOR LOT 1, BLOCK 11, LONGWOOD ESTATES AT ROSS DOWNS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Cloudloft Investments on June 21, 2004, under Case No. Z-04-025; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by legal description as Lot 1, Block 11, Longwood Estates at Ross Downs, by amending Ordinance 0-95-987, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the development standards for Lot 1, Block 11, Longwood Estates at Ross Downs shall be amended to read as follows: 1. GENERAL a. The purpose of this PUD-C is for retail, restaurant, and office uses. b. ,_This property is subject to all the regulations contained in the ColleyviAe Land Development Code, except where amended by this Ordinance. Ordinance 0-04-1474 Page 2 of 4 2. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within this Planned Unit Development. (1) All uses allowed in the CC1 and CC2 zoning districts (Z) A Special Use Permit for alcoholic beverage sales for on- premise consumption is hereby authorized for this property in conjunction with a restaurant use. The Special Use Permit shall be applicable only to Lots 1 and 2, as shown on Exhibit "B". b. The following land uses shall be prohibited within this Planned Unit Development. (1) Restaurants with drive-through service (2) Convenience stores with or without gasoline sales c. The use of the buildings on Lots 1 and 2, as shown on Exhibit "B", shall be restricted to sales tax generating uses, and shall not be used for office uses for two (2) years from the date of the issuance of the first certificate of occupancy for an office use. 3. CONCEPTUAL SITE PLANS AND PLATTING The arrangement, location, and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "B" and will be determined at time of site plan approval. 4. LOT REQUIREMENTS AND SETBACKS a. The lot requirements and setbacks shall be the following minimum standards: (1) Minimum Lot Size None (2) Building Line adjacent to street 40 feet (3) Side or Rear Building Line 25 feet adjacent to residentially-zoned property (4) Side or Rear Building Line 10 feet adjacent to commercially-zoned property b. The buildings shall not exceed thirty-five (35) feet in height. Ordinance 0-04-1474 Page 3 of 4 5. OPEN SPACE AND LANDSCAPING a. The building site shall comply with the minimum landscaping requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. There shall be constructed a landscape buffer along the south property line adjacent to Blocks 9 and 10, Longwood Estates at Ross Downs, that shall consist of a row of evergreen shrubs, which shall reach a height of eight feet within two years after development of the site. The landscape screen shall be constructed prior to the issuance of a certificate of occupancy on the property. 6. LIGHTING a. Lighting on the buildings shall be shielded and designed to direct the light downward and away from adjacent residential properties. 7. SIDEWALKS AND TRAILS a. The developer shall construct a 4-foot wide sidewalk adjacent to Longwood Drive, in accordance with the standards contained in the Land Development Code. The sidewalk shall be constructed prior to the issuance of a certificate of occupancy for any structure on the lot. 8. GENERAL DEVELOPMENT CRITERIA a. The architectural design score for all commercial buildings shall be a minimum of 35 points, as described in Chapter 6 of the Land Development Code. b. Afire lane connection shall be provided from the property to Coleman Court. The configuration of the connection shall be subject to approval by the Fire Marshal. c. All utility services internal within the development shall be buried underground. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Ordinance 0-04-1474 Page 4 of 4 Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The 1'trst reading and public hearing being conducted on the ~` ~ day of 2004. The second reading and public hearing being conducted on the ~ y~ day of 2004, `~ ATTEST: Cynthia Singleton, TRMC City Secretary V AS TO FORM AND LEGALITY: -~ R ss Oster City Attorney Mayor EXHIBIT A -ZONING MAP EXHIBIT B -CONCEPTUAL SITE PLAN u ~~ t.. .. O LL~ .._ -. , ~,-' O.,^ O ~.. - . _. t ~ O ~- m ~ ~:~ _ o ~'~,° °~1~;,~~e ~ 04~~ -.,~~~° r ~~~~ ~ ~ '~ ~ ~S O ~~, ._ + i' ti ~ 4 ~ a i ~ Q ~7.,.. B li sU •.. t~ {,,j_yj~.. I~1n .n} µ ~ , ~~ .o ~ ~ ' iS~ Y i ~'V jN , LL ll 7.' - e pp ~] ~ i i r.~ ~ ¢ ~ 1 ~ ~ y .~,.y o ~ 1 i. O w ~ I A. i3. M ti ~ ~ be .,',e ~ ~ ~... - ~ ey~ '~7ry: ~tl I ~ ( O _, '~ J t.1 i ri 111 7 t~ '. „+ 1.~.r...... L.~ .~- ~~2...._. E. _ . .. .... .. .. .... . r _`~. e .. •,Q Aj .136: W ~ ~~ ~~ OI i ?n.:: -i j~ ~ eo ~~~ • ~ n ~~ b; i r ~~ ~~ i ~• = s 0to ; :Y: ~Q-, .. • yNi ~i e [fifi ,. _. T` • ~ . ZCtl ~ ~ ~ ~ 13S' 4 :"j 4.0 ~, 0 - ,~ '- ~ 1 ~ 6 ~ ~~ ;~ i n -~*~. ~.-~ ' ~^ -i - F ~' ~ ~ 'i k~ a."~~'b' `a ' 3 _... .' i ,. ,~+ ~ ~ ti _ ~ s t ~f~~ ~- ~ t > , i , ~~. , --° r ~ ;o~ ~- ~ - ~' z r ' ~ ~ e U u C i .......... ' ' .... ORDINANCE 0-09-1705 AN ORDINANCE AMENDING ORDINANCE 0-04-1474 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-95-987 on April 18, 1995, to establish the zoning of 21.299 acres out of the M.W. Davenport Survey, Abstract 432; The J.N. Gibson Survey, Abstract 591, Tracts 4A3, 4A1, 4A3B and the Robert Chowning Survey, Abstract 294, Tract 1 E and a portion of Tract 1; and WHEREAS, the City Council approved Ordinance 0-04-1474 on August 17, 2004, amending Ordinance 0-95-987 to permit CC-1 and CC-2 zoning district uses, except for restaurants with drive-through services and all convenience stores, on Block 11, of the Longwood Estates at Ross Downs Addition; and WHEREAS, the City of Colleyville has received a request for an amendment to Ordinance 0-04-1474, under Case Z-08-016; 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 Ordinance 0-09-1705 Page 2 of 3 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. 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 amending Ordinance O- 04-1474. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 7 acres of the Longwood Estates at Ross Downs Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: PERMITTED USE Restaurants with drive-through services, allowing for a coffee shop use only, shall be permitted in the north most leasing space of the existing building on Lot 2, Block 11, of the Longwood Estates at Ross Downs Addition. Drive-through operations shall only occur along the northern wall. 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. Ordinance 0-09-1705 Page 3 of 3 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. Sec. 10. THAT Ordinance 0-04-1474 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. 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 "~ City Hall ~~y"~,~4~4~,!I~~, City Of CO~~e~/V~~~e 100 Main Street Colleyville, Texas 76034 ~',~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1706 File Number: 0-09-1706 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01/20/2009 Agenda No.: 5b Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a Special Use Permit (SUP) for an accessory building and servant or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition located at 7201 Trianon Court, Case Z-08-024 Attachments: Location and Zoning Map Notification List Applicant's Request Exhibits Provided by Applicant Plat Exhibit Ordinance 0-99-1191 Ordinance 0-09-1706 History of Legislative File Version: Date: Acting Body: Action Text: 12/08/2008 Planning and Zoning Commission 01/06/2009 City Council 01/20/2009 City Council Title Approval of a Special Use Permit (SUP) for an accessory building and servants or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition located at 7201 Trianon Court, Case Z-08-024 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the January 6, 2009 meeting. At the request of the City Council, staff has added a provision to the draft ordinance requiring all structures on the subject property to be equipped with a fire sprinkler system approved by the Fire Marshal. First Reading and Public Hearing Paul Kramer, with Castlegate Homes, submitted a request for an SUP fora 1.5 acre parcel located at 7201 Trianon Court, to construct two accessory buildings -one for use as a detached garage and the other for use as a servant's quarters. The garage will be located to the north of the primary residence, will be of a similar architecture to the home, will be no greater than 30 feet tall, and will consist of 731 square feet under roof. The proposed servants or caretakers quarters will be situated to the south of the primary residence, will City of Colleyville Page 1 Printed on 1/15/2009 Agenda Briefing Continued (0-09-1706) also be of a similar architecture, will be no greater than 34 feet tall, and will consist of 2,304 square feet under roof. The applicant states that they intend to have their mother reside in the detached servant's quarters initially and, subsequently, will be inhabited by hired servants. The Land Development Code allows for a member of the immediate family to reside in servants or caretakers quarters. A servants or caretakers quarters is defined in the Land Development Code as follows: "An accessory dwelling not rented or otherwise used as a separate domicile in a residential district for the sole use and occupancy of a member of the immediate family or persons employed on the premises by the occupant on a full-time basis as domestic help, such as a maid, chauffeur, cook or gardener." Existing Conditions. The property is zoned PUDR-Planned Unit Development Residential and is currently being developed for a single family residential use. The subject property was recently replatted through an amending plat to combine lots 1 and 2 of the subdivision into a single lot. The Land Development Code allows for no more than three accessory buildings with a total maximum size for all buildings combined of 1,750 square feet on a lot of this size. Furthermore, servant's quarters - which are only permitted in PUDR-Planned Unit Development Residential, AG-Agricultural, RE-Residential Estate, R40-Single Family Residential, R30-Single Family Residential, and R20-Single Family Residential zoning districts -are restricted to a maximum size of 600 square feet. The applicant states that they intend to have only one water and electric meter serving the entire property. This requirement has been added to the draft ordinance. Adjacent Zoning and Development. The properties to the north are zoned PUDR-Planned Unit Development Residential and are developed as single family residences. The property to the west is zoned AG-Agricultural and also developed as a single family residence. The remaining properties to the south and east are zoned R20-Single Family Residential and are developed as single family residences. Public Notification. Staff mailed notices to 18 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no letters regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the December 8, 2008 meeting by a vote of 4-3. Summary. The request exceeds the square footage allowed for accessory buildings. It also exceeds the maximum allowed square footage for a servants or caretakers quarters as defined by the Land Development Code. City of Colleyville Page 2 Printed on 1/15/2009 Agenda Briefing Continued (0-09-1706) Financial Impact It has been determined that there is no financial impact. Recommendation Denial City of Colleyville Page 3 Printed on 1/15/2009 Location and Zoning Map i '~,~, ~~ ,~~ rso~~ 7212 1 ~ ~ ~ ,v °'0~ 7301 i ?209 720$ -~~,_, ~ ~ 7~~0 7 RUDR G ~~ r ~0. ~~~ N Site ~~ 7z03 _0 R?o ~:. 7201 ~~,. 2u0 ~ 7106 o JOHN MCCPJN RD __ ~~ hti20 931 i ~ 1401 ~ 14[t? ~ 940`_ '14G17 '~~9 95171 15~~~ ~ _.. ~ ( ~~ i t' ~~ P ~ ~C?R` / `-~ 7011 '~~ 7009 .~' 70DS ,~ 7© 3 ~~ e~ f,, ~~ 0 ; ~ ~. . 1 ~ Y 'S ~.-- ~ ). Notification List NAME OWNER OWNER_ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS_ADDR _ Collins, Burk & Gloria Trust 1848 Norwood Plz Hurst TX 76054 001312 John McCain Rd Gottfredson Land Dev Llc PO Box 99 Colleyville TX 76034 007109 Trianon Ct Sayre, Larry W Etux Mary Beth 7300 Belle Meade Dr Colleyville TX 76034 007300 Belle Meade Dr Botik, Don & Barbara 2822 Canyon Dr Grapevine TX 76051 007208 Trianon Ct Roose, Jayne R 7208 Belle Meade Dr Colleyville TX 76034 007208 Belle Meade Dr Cole, Henry Tr 7206 Belle Meade Dr Colleyville TX 76034 007206 Belle Meade Dr Gottfredson Land Dev Llc PO Box 99 Colleyville TX 76034 007101 John McCain Rd Brunken, John Jr 7204 Belle Meade Dr Colleyville TX 76034 007204 Belle Meade Dr Smith, Nancy Bursch & Claude B 7202 Belle Meade Dr Colleyville TX 76034 007202 Belle Meade Dr Jeanes, Fredric M Etux Carole 7200 Belle Meade Dr Colleyville TX 76034 007200 Belle Meade Dr Shoffner, Wilson Etux Beverly 7108 Belle Meade Dr Colleyville TX 76034 007108 Belle Meade Dr Gottfredson Land Dev Llc PO Box 99 Colleyville TX 76034 007107 Trianon Ct Gottfredson Land Dev Llc PO Box 99 Colleyville TX 76034 007103 Trianon Ct Novotny, David L 1501 Bellefonte Ln Colleyville TX 76034 001501 Bellefonte Ln Robertson, Lance Wade 1409 Bellefonte Ln Colleyville TX 76034 001409 Bellefonte Ln Heflin, Jud Etux Gail 1407 Bellefonte Ln Colleyville TX 76034 001407 Bellefonte Ln Nowotnik, David Etux Jacquelin 1405 Bellefonte Ln Colleyville TX 76034 001405 Bellefonte Ln Fonville, Earl R Etux Karen G 1403 Bellefonte Ln Colleyville TX 76034 001403 Bellefonte Ln Paul Kramer, applicant 6203 Colleyville Blvd. Colleyville TX 76034 applicant Public hearing notices mailed on Wed. Nov. 23, 2008 by Amy Shelley Signature Applicant's Request City of Colleyvilie I00 Main Street Colleyvilie, TX 76034 Please consider my application for a SUP for our property at 7201 Trianon court, Colleyvilie, Texas 76034. We recently re-platted 2 separate residential Iots (Lot #s 1 and 2) into one larger lot, now known as Lot 1R. Our request is to allow the construction of an additional "accessory structure" as shown on our site plan and blueprints. This structure will serve as a guest house for my mother and will later serve as quarters for live-in help for us. With regards to the construction schedule, we have already received the permit for the main residence and upon approval of the SUP, we will submit our application for the building permit for the guest quarters and commence construction once we receive approval. In reviewing our application kindly consider the following: 1. Our lot is in the Tanglewood sub-division. This is a gated neighborhood that was built under a PUD. With. regards to density, although this development was built on 25 acres, only 12 Lots were designed into the neighborhood. Zoning of adjacent neighborhoods would have allowed far greater density than chosen by the developer. The developer has no plans to build on the one vacant lot so the neighborhood, after our replat, will only have 10 lots or homes. 2. The square footage of the two lots we platted together were 30,367 square feet and 32,045 square feet square feet. Making the total combined square footage b2,412 or over 1.4 acres. 3. Each of the two lots we platted were eligible to have its own accessory building. If 2 homes had been built (one on each lot) there could have been 2 accessory buildings with no SUP required. That being the case, the approval of our request will not result in any additional structures being built than could have been built on the same property prior to the re-plat. 4. The accessory building already covered by a building permit is only an accessory structure by technical designation. It is a garage for the main house and wouldn't be considered an accessory structure if we had designed in a porte-cochere to attach it to the main house. 5. The additional structure we seek to build backs up to John McCain Road. This is the far south end of the original LOT #1. Due to the proximity of this lot to a busy street, this lot was not attractive on its own and had not sold after being on the market for over 5 years. Our plan to build this structure a} provides a noise buffer for a main house, b) sites the structure behind the main entrance wall to Tanglewood, making it barely visible from Trianon Court, and c) makes great use of space that would otherwise be useless, and d} affects no other properties. 6. 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I ~~a~~s~~ I4k[S 5~l0~ ~4 ap a~ F A ~ S~g~~ a 3~.'ppp~ ~x +~~e ~, ~~ ~F~~BI8i~~g3•3~~f n ~si€ v^~~~ ~ ~ ~ ~ YI' ~~~ ~ ~ ~i~t+~ ~i a~~8 ~Bi~ ~i5~ ACS ~'~~ t A ~~ P~ I ~ o m _ g ~. a Bq ~d 4~ ga ~y ~i a ~g ~. ~$$ ~ mOm9, ~ ' ~a2 ~ ~ ~qqq 3 ~ ~~}~ Bo R~C ({ ~ ~ ~~',, ~nq 3tg pp~pF~~GZi~ z ~ I~ ~xi~ ~s ,~~7~q~~~~ ~~~ $ •~~ ~ g~ Aar D~~ ~.y ~~ S~~ ~,_ d ~d 6¢ ,YG_ § ~q .f e 7 A, ~~ ~ Ns~~ni l ~ ~~~ '~ g n~A f~i~~¢~ q~R ~ ~33+~ ~ Rio ~. i~~~' ~~~~ ;~~ro~ ;gs~ ~ ~ ~~r. $$~~ ~ A~~~ ~ ~ ~g ~~Y ~ ~ ~~~ _ pyd y3 4 ~ ~~ ~ ~ c ~~ ~ ¢~ ~3~ ~~"~ ~ gl ~ ~ Q e ~ agci or3 R..d3~. 7~L¢~ S- 9 ~~_ ORDINANCE 0-99-1191 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 21.63 ACRES COMPRISING A PORTION OF LOT 17, BLOCK 3, PEBBLE HILL PLANTATION ESTATES, AND ALL OF LOT 2, BLOCK 1, BEAR CREEK PLANTATION ADDITION; FROM THE AG AGRICULTURE DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT RESIDENTIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application fora zoning change was filed by Mark Gottfredson, Gottfredson Land Development L.L.C., on September 17, 1999, under Case No. Z-99-071; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyvilte at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyvilte; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT, the Master Plan, the Zoning Ordinance of the City of Colleyvilte, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyvilte, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the AG Agricultural district Ordinance 0-99-1191 Page 2 of 4 to the PUD-R (Planned Unit Development Residential) district, together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C) and the statement of planning objectives (Exhibit D); and subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 0.45 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Zoning Ordinance, Subdivision Regulations, and other land development ordinances, except where amended by this ordinance. 2. PERMITTED USES a. Single family residences, detached b. Parks and open space 3. LOT REQI.IIREMENTS AND SETBACKS a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line 30,000 square feet 125 feet 125 feet 30 feet 15 feet 25 feet 4. OPEN SPACE a. This development shall provide a minimum of 20% common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Zoning Ordinance. All open space areas shall be landscaped. Ordinance 0-99-1191 Page 3 of 4 5. PLATTING a. The developer shall submit a final plat of the property in accordance with Section 2 C of the Colleyville Subdivision Regulations. The conceptual site plan attached as Exhibit C to this ordinance shall constitute the preliminary plan. b. This development may be developed as a gated community with private streets in accordance with Section 15 of the Colleyville Subdivision Regulations. The development shall contain a minimum of twelve (12) residential lots. 6. OTHER a. Each single family residence shall contain a fire sprinkler system in accordance with applicable fire and building codes. b. The exterior wall surface of each dwelling shall be constructed of brick or stone, except for door and window openings. Roofs shall be constructed of a highly fire resistant material, such as cementeous material or other similar non-combustible material. c. The developer shall build a minimum six foot (6') high brick and mortar (hand laid-common brick) wall constructed from the southwest corner of Lot 13, Block 1, Pebble Hills Plantation Estates to a corner that is approximately forty-six feet (46') north of the southwest corner of Lot 6, Block 1, Pebble Hills Plantation Estates. Said wall may provide for a visibility set-back from John McCain Road, if required by the City Engineer. Said wall may be eight feet in height if the adjacent property owners so request. The exact termination point of the wall may be adjusted to accommodate drainage easements. The roadway surface or back-of-curb of Trianon Court shall be no closer than ten (10') feet to the common property line with Pebble Hill Plantation Estates. d. Fire hydrants shall be installed by the developer at such intervals that all building sites shall be within 500 feet of a fire hydrant. e. The secondary access to this development is hereby waived. Ordinance 0-99-1191 Page 4 of 4 f. The entry into this subdivision shall be a dual entryway and be designed similar to that shown on Exhibit E. g. The street pavement section for the development shall be a minimum of forty feet (40') in width. The street pavement shall maintain the minimum width throughout the entire length of the cul de sac beyond the dual entryway shown in Exhibit E. Sec. 2. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~_ . _P u' , 1999. The se and reading and public hearing being day of e , 2000. TABLED BY BY COUNCIL ST: ~~ Je n Harris, CMC City Secretary l~~ APP VED AS TO FORM AND LEGALITY: ~--- Ross . Fo ter City Attorney conducted on the COUNCIL AT SECOND ON 1/18/00. day of ~- READING. APPROVED CITY OF COLLEYVILLE: ~Y--~ Donna Arp Mayor n w~/ i zrs • ~~ - .~ : • de"~y • , • ~~..-~ n ~ ~ e _ --- L ~ ` ~` r = N GOLF r k pRp 1 c ~ ,~ - ~ _ .. - -1~66 ~` ~r M1 a N T1~ARRp ~ ~ i ~t ~ ~,.~ n u ~ ~ ~~~~~ „ ,. D N ~__~_~ I6 T1~Y~C~11RSE 1 ~ i 1~ E GpLF ~ ,,. ,. / t ~ If oss . .~ ,. 10 . 1. 1 N, NE~v a : 1 Iz ~~ w nwt • ~ ~ d 5~ ~ ~ ~a t9NR~ is ~. gg~ ~A~nN ,,. L yl, N ,: P~ ~ ~-. • 1 ~ ~ u ~ Ic • ~ y~ ~ tczoa • • 1 z ~ x I ~ ~ a s ~ . , Ix oD M I ~m • In tl 2 ,S~ ~ Z . 'J~ Ix s ~ ~ 11 1 +a 1 /2 .~ VA ~ ; ' ~ _ , 9 ~~ „ : E - ----}-------- rT. wA - --- - - - ,~ s~ ----- --- - - ~ A-19 ~ ~ 1 j r a ~ ~ ~ ~ Is ~ 1 ~. ~y~ ~ x i 1 ~ 1, 1 L70Jf K ~: ,1 ,a ~ : " 2 ~ IM ~ 1: 1 Loo. .ss• s 1a°cj ~~ 1 /~ 1 ' 15 y ~ i~i 1 n _O~O x/ ~ b~ i~ C si sr ~ ~ 1 ` ~ 8~~gtl Ix -IS xo n ~ C • ' i ~ i• G 1 V 6 G °O ,1 ,4 1S x~. xl zs ~ ~ a ~~65 ~ ss d i+ a - u xt b ~ N J1 21 u N ~ - ~ y~ /.!0 • •~ ~s ~~ ,. J1 ~b 31 ~ CESCR-pTIr7N tJf PRdp~RtY SURV~YE(y besr+-tptiah t~f a. ~t,~30 hCrp 4roc:t 9i4uot~d Id the ~ibll Medlin Sl~rVey, Ab track No: 10tS7 rind ~hc- H.R. YVhl) Sl~rvey, Abs~rdct No. 1973, Ctt t3f Cot~eyviite, T t'rollt CbUnty, ?dxo9; Sditi trod heinc~ Comprised bf pbr~ df Lot 13ft, 61dck ~ Pf}bbi~ Will6 Pldnib~idn Estates, ah bdditidn trS thA City ~f C~~Iley~~tl{e, Tbrro~tt Cdunty, Tdxos, gccordiNg t6 the Arhended ptdt r`.ecor'dled in Cotiinet 8. Slilie 1854 of ttig PI01 FteCOrdS of Tarrant Gvuhty, ,T~xd9 arttl LOt 2r ~1dC~k 1, 6edr Creek F~Iorltdtldri, drt 4ddttk-n tai the City of CollpyvilfAr 1'arfvnt .Cbu~tty, ;Yexds eccarding td tfiA pplat ~ecord~d iA ~'oluriie ~~$-1 it3, ; Pbge ~G of tl'-~ pldt I~eca ds bf t6rrd t Cduhty, 7pxt+s; 9uiti 21.63d dr_r~ ttdct belnc~ Mo~9 pAr~icUl6rly dA~crib~d ds •fo~lows: bE()INNI~10, tit b 1/?-inch irdn r~d With ''Pochecd xacn'' Co{~ list 6t tFit SotlEhedbl tbrher' bf 36id Lot 2. lbtk 1, tdfvoi Crdek F~IdnttltioA; said pOiNt belri~ the SbuthW@st torhel- bf Ltit 1 ~, t3lbtk 1, Pbhbl~ Nil's PIO-1td~ion Estb es, on addition tb tha City ref Colley~ille. farFont CotJnty~ T~xt)s bcrbrdlrfg td the pid:t recc~rd~d Irt Cabinet A, Slidd X56 of the plot ~2eCdrds of 7ar~ont Cbuhty, Texd9; said point t7f~b being I,t tN~ nbrtN right--ai--way tinny bf McCdin ~vod (tin $0--f~1ot wide right-bf-wuy); 1'NENCE, North g9 d~ reds, d8 rr•tii+u ~d, ~1 s~contld ~lef,t, deportirtc~ the west fine crf Enid Petit>Iit Hiil F~Idnt.btiort ~s~vte~ bnc~ hldn~ ~h~ sdld hGrth lima of f~lcC7otn kod~, d dlst~rnce d•f ~0$.~$ fist ~h tl 1/~-inch irbh rod found for corner; ~,qly poiht being this sot,thet~st cornar of l:ot 1, blbclc t, Bear Craew pldrltbti6h; THENCE, Nnrth ~0 d~t~rebs. ~6 t P Mir+utb9, X12 s~corld3 Eofit, - *~e~}o-tiriq the 5©itl nor h Iir1e o Mct:oin odd d~+d tllonq t ~e eo s4 I;n~ of styid Lo i. b di3tbnce hf {g1r.1t fast Ir d t !1-in4:h ~ iren rod with "PorhecC Koah~' irap~ set dt on bni~It pGln t: •3o+ty petr-t k~eint~ the hc+tthwe9t c:rrner of 9hid .lo{ ~: sold point bl5e be{hg the 9outltw~st c-arner vt 9vid lol 13P., 81ock 3, F«!bDle Hllls ~?Idrltbtibh ~5t01e§9: THENCE, North 01 degree, Di ~rinute, 47 3ar:~nds Eaat, ~ontirlUing dlcrtq the said east Ilnp o~ Lod t, h distance of g3Fi.21 tee! (o d 5~~-lhch iron rod toun:l dl off onc~le ~c~iht; TH~NCI:,. North (~1 d~gre~, 1$ mirtiutPs. 51 se~.ond# ~bSt, rbntinuincf olrln~ the sold eo4t IIr1e a l0 t, b di4tan~e of 42.j.59 feet to a 2'-inch iron plpe found for ctm9r-, void paint bethq thf n~xthedst corher of sbid Lot { ; Soid polrit dlt;v b.eing the r+arth•,rre5! Cornet cl Sai_ Lot 13R; soul point bl9n being in ~he ~autt1 (inr# vt a trvC-t of land t:c~nvi'yed tc~ Joe Wright ds record~-d iri `r'olUme 8b0>, Prise 1484 i>f the daa~ RerOrt~s of Torront i:runty, Ye~ds; THENCE. 5cit-th $3 de rpe~1, ~,E+ ~ rr•,inu~e4. rti 9eto,td5 Eost departing tt~e said P,aSI lirt~ of Lrt 1 On ty{ahg the SvUth I{hP, .1f srtid 1Hrlgrf~ trar_t. 4 Hi~thnc2 of '~59 ~t test ~v G t /2-irbh rnti with ~~pn ,hpCc~ Koch" cbA set o! ah tingle p dirt t: THENt::E, 5.Olath i4 degrte9, acs Mirt~~e3, 4F secr~rld5 EoSi. Contihuing atnnq IhP SoUfh line at sdld Wri~ht tract. ~ rji~tOnCp ~~f b"lE3 p3 filet t~~ a f~Qint In tNP nr_~rth line CI SQir~ LOt 1 ; Ex~i~bit B -- Metes and Bounds Description tHENCE. 5buEh 01 de4raei t5 mint~tE's, 01 sE'cdnds Weft, dpparling the south Ilne bf s4id VVriglit trdct, b di~tbn~e vF 259.85 feet tG d point for fwOrHer, tHENCE, 5ou~h 01 degree, 30 mint,tes, i9 sacSndg Eo4t, o dfstdrlce of 119..34 feet to u pOlht fb- ct~rnei; tHENCE, Sou~h 11 tl~gr~ag, 02 mihutek, 36 5econd±; West, o dilittdrt~C of 11A.do feet to a pa ht for Corner; tWENC~, .5f~ iiegr~es, 3t rfiit~uFes, 1~ Secards West, o CJistdhce of 107.1 fret to d polrlt lar Chrnef; tHENCE. 55 tlegr€ke~, 03 ft~ihU48fi, 6S~ seconds, o distance of tis.8d fed4 to a potnf for corner; tHENCE, SouEh 6~^ ddgree~, 2l4 n't~hdi~S. 0~ sAronds 1Ntst, d diStvnce 0f 111,y1 felt td a point fir cbrher; tWENCE, 5oU h 74 degrees, S9 mlhut~k, 5x sdronds 1N~st, d dfStbnCe bf 1 i 1.58 felt t0 d po~hl fr5r c6rneF; tWENGE, Sou h 3t5 degrep~, t~ mint,tes, 1~ saronds W~9t, o digtdnce of 10b.65 feet td 0 p0~h1 for corner; i tHENCE, Sou h d7 rnlhute~. 3f mlhuteS, 2~ seCOndS West, d dlsthnre c+f 111.40 {9@t t4 d pJ~ht for CPrrneF'; tHENCE, 9oU~h 23 degree, 05 minat~s, 33 sorond9 Vest, d dlstante of 11,70 feet td o pa h.{ fhr c~Srner; THENCE, 5ou~h 2? degrees, 47 mlhut~s, Ot seCon~ VVebt, d distohce of $8.70 fed't too p0~ht for cdrnef; tHENCE, SouEh t2 degrae~, 11 n,lnutes, 5d seconds Wrist, b dl~tdnce 4f 28.5? feet to ~ point for cdrnef; said point being in the n~~rth tine of sbid ~.et 2i Soid pbirtt alftn tiding in the 9autN Itn~ of gbid (_ot 13F7; fiHENC{r, 5bu~h 8's3 degrPas, 1~ hninute~, 37 seCbn~S EQst, ol~,ng th@ north Ilnp of sdia Lat f Und thr} sot,th line bf sold lot 13R, o ~3I~t'OhC~! cSf 21,1 feet to ~.dlnl for rr_,rnar; said pCir+t tdlr-q Ehe ftrrf~ttost Cornier o1 3oid Lot ~; tHENCE, 5ou~h 00 ddgrees , 55 mihdt~s;, 4i? se~ond5 ~Nlst, along the e~~st Ilse of void Lr.,t 2; d1 o dlstoncd df 4t ~",~ feet pb~slnq the sbuthlrnrrtos± CGrnpf df fold Lc~t l3R ohd being irti the we3t line of pebble f~li li~ Wlontotion Estdles; or~tlhuin4~ alr~nt~ ih~e ~dst line rf fic~id lo t . 2 and the rveat line of Pebble ~illl, Plor-tdiion EStbtes, in bll o dl~ld-tce of 1016.40 feet to the POINT ~E ~E~~-ivNiNG; t:l~NtAININC; ~~4"iga Sq~,r~re feel or 21.r;3n acres df loud, rr,~,re ar less Exhibit B -Metes and Bounds Description e~~'~~ s r ~~~ . ~~~~~ ~~~~ ~ v3 ~~~7~ s --- t ~;~~ ~ s~$~~ ~ ..>. #~~~~ r ,•~ ~ ~~ a ,.. ~~ € ~_ 's ~; M I N ~~ ~~ ~, ! s ~ ~ ~ ~ i "t- :R t Q•E ~~~~ 8#~ ~~ ~~ ~~ r ~~ ~ ~ a ~3~3 D r N ~r ~= w ~~~~ z~ s • ~ Q U1 ~ t A m n m =~ R (/1 ~ 2 ~~~ ~ ~~ ~ ~~ _~ ~~ Ar ~ ~---- Y~_ ~~ { '~ :~ ~~. '~ ~ icf ~ ~ ~ ~~E~~~~~~~~~~~~ f ~~~~~~~~~~~~ = Y~~~ ~~~~~~~t~~~~~~~ i•~~E h~~ ~~ r r i r r ~ 'r t t ~~ st' cI ~ Y y 3 i *~; t r _ e 2 ti Exhibit C -Conceptual Site Plan T. H. PRITCHETT /Associates carrd~,cape arurar aid s~ a01T ~orr~s Firrners ®nnch, Tsxss T~294-7880 OIIFoe, 9T2~4Q8-T373, Fad 9T2-X84-fZ30 Septerrrber 17, 1965 City of CdteyviNe Re: Versailles Estates Traci on JotKt MryCCain west of Pebble Hill PlarMation STATEMENT OF PLANNING OBJECTNES The nortirg as requested wiN p+ovide 121ds for estate residential uses within a Residential PUD. The Ids wiM be min. 30,000 aq.R each and the side wiN provide abler 30'X. Cormwn area. The open space wtil be used and rrreintairred by a Homeowners A~ocia6on. The detieloprnent will have a gated entry and tae tenoed perimeter. A~ooess b the Carm~on area wtil be provided tD ail Pebble Hi/ rosidertRs as per deed restrictions. DEVELOPMENT SCHEDl1LE The plamed devebpnent is scheduled b begin oonslrudion within 6 moniha of inning charge. The erMine street and lot deyelopnarrt wg be oonrplebed as ane phase of construction witltin 72- 16 months. Tree preservation is inportarrt for the project owners and great care will be pr+avided to genre and mitigate the removal QE arty trees on she o+rer~' ca{tpec STATEMENT OF PROPOSED OYVNERSHIP The developmerrt will be sold b indviduals for single farrdly consin~ction prrposes. STATEMENT OF IIPILRIES TO BE PROVIDED. The engineering and design of the subdivision will aNow for all sewer, weber and storm drainage. All the City utilities are ava~abNs w~ in dose proximity. Y~ r Tom bchett cc, r~ confredson ~CEIVE ---_-_. SEP 171999 CITY OF COLLEYVILLE BY COMMUNITY DEVELOPMENT Exhibit D -Statement of Planning Objectives O`er O N 1 O C v ao If I 1~ '~ ( W ~ I ld t ~ i + I 40' UIU~NG UNE ( I X368-191, PG. 36) I ~ I I i t M cCA{ N RADA (80' R.O.W.) N '~ D g~ D 4~ z z ~ ~ ~ _' 2 ~ ~ n y ~ S e y~~gm~ ~ tv °' s yz ~ c$~~ '{ ~ gID~_ ~ z p ~c(mu~ ~ a ° vi ° ~ I- rn °D ~~ ~ ~ v v ~~o~ z ~j~~ ~S ?z ~ ~ u•~ N 1__ _ _. ~+ 148.40' _ N 0° o ~_ I I I , 1 ~ n ~ I I i -° o ~ r' I o 1 ~ ~! o0 1 I l~ 1 `~ I 1 II p ` N t n U' 1 ~ in ~ N_ _ ~ ~ ~ Exhibit "E" - Typical Entryway ORDINANCE 0-09-1706 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 BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING AND SERVANTS OR CARETAKERS QUARTERS ON LOT 1R, BLOCK 1, TANGLEWOOD ADDITION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. Z-08-024; 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 0-09-1706 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for an accessory building and servant or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition, as depicted on the Location and Zoning Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and as shown on the Building Elevations labeled as Exhibit "C". 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. General a. This Special Use Permit shall grant the use of two accessory structures, one being a detached garage and the other a servant's quarters, as shown in Exhibit "B", labeled as the Site Plan. b. The domestic servant's quarters shall not exceed 2,304 square feet. c. The detached garage accessory building shall not exceed 731 square feet. d. The total combined accessory building square footage on this property shall not exceed 3,035 square feet under roof. e. The domestic servant's quarters shall not exceed a height of 34 feet. f. The detached garage accessory structure shall not exceed a height of 30 feet. Ordinance 0-09-1706 Page 3 of 4 g. The accessory buildings shall not be used for any commercial enterprise or activity. h. The property shall be limited to one water and electrical meter serving all structures on the property. The accessory buildings shall match the architectural style of the primary residence. j. The servant's quarters shall not be inhabited at any time by anyone other than a domestic servant as defined in the Land Development Code. k. The detached garage shall not be used as a residence, servant's or caretaker's quarters, or guest house at any time. I. All structures on the subject property, primary residence and accessory, shall be equipped with fire sprinkler systems and approved by the Fire Marshal. m. The accessory structures shall meet all requirements of the Land Development Code and Building Code, except where amended by this Special Use Permit. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-1706 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. 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 _ ~ ~o~~ ~ ~1J1,.- ~- ~illl'' -. , i .. Exhibit "B" -Site Plan .<-~`"'~_" City Hall (~"} ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~, Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1707 File Number: 0-09-1707 Version: 1 File Type: Ordinance Agenda Date: 01 /20/2009 Requester: Parks and Recreation Agenda No.: 6a Department Final Action: File Name: Approval to amend Ordinance 0-98-1130 relative to the Colleyville Tree Board Attachments: Ordinance 0-98-1130 Ordinance 0-09-1709.pdf History of Legislative File Version: Date: Acting Body: Action Text: Controlling Body: City Council 01/20/2009 City Council Title Approval to amend Ordinance 0-98-1130 relative to the Colleyville Tree Board Explanation Reading and Public Hearing City Council approved Ordinance 0-98-1130 on December 15, 1998, which created and established the Colleyville Tree Board. The board consists of six (6) members, three (3) members of the Parks and Recreation Advisory Board and three (3) members of Keep Colleyville Beautiful, formerly known as Colleyville Proud, and/or Colleyville Garden Club, who shall be appointed by the City Council. The proposed amendment to Section 2 provides for the name change from Colleyville Proud to Keep Colleyville Beautiful. The proposed amendment to Section 3 changes the terms of office from three years to run concurrent with the members' terms on the Parks and Recreation Advisory Board and Keep Colleyville Beautiful. Sec. 2 Creation and Establishment of a Colleyville Tree Board There is hereby created and established a City Tree Board for the City of Colleyville, Texas, which shall consist of six (6) members, consisting of three (3) members of the Parks and Recreation Advisory Board, and three (3) members of rn~~o,,,,;~~o Drn~ ~rl Keep Colleyville Beautiful and/or the Colleyville Garden Club, who shall be appointed by the City Council. This Tree Board shall serve in an advisory capacity to the Colleyville Parks and Recreation Board and through them, to the City Council. Status: First Reading City of Colleyville Page 1 Printed on 1/14/2009 Agenda Briefing Continued (0-09-1707) Sec. 3 Term of Office The terms of the +~~-'~~ea~s e;~ept Colleyville Tree Board members shall run concurrent with their terms on the Parks and Recreation Advisory Board and Keep Colleyville Beautiful °~^°n+ +h,+ +h° +°rm of fi~,n /'~\ of +h° m°mh°rc ~r~r,nin+°~+ +n +h° fira+ Rn~+rr! chr+ll h° fnr nnh, /'I\ "°~r ~ni+ +h° +°rrv~ of fi~,n /'~\ m°mh°rc of +~ fire+ Rn~rr! ah~ll h° fnr fi.,n /~\ ..°~re. In the event that a vacancy shall occur during the term of any member, #+s the successor shall be appointed by the City Council. Financial Impact It has been determined that there is no financial impact Recommendation Approval City of Colleyville Page 2 Printed on 1/14/2009 ORDINANCE 0-98-1130 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CREATING THE COLLEYVILLE TREE BOARD; PROVIDING THE RULES AND REGULATIONS FOR THE PLANTING AND MAINTENANCE OF TREES ON PUBLIC LANDS DEDICATED TO AND OWNED BY THE CITY OF COLLEYVILLE WITHIN AND WITHOUT THE CITY LIMITS; AND PROVIDING A PENALTY FOR FAILURE TO CONFORM TO ORDINANCE REGULATIONS. WHEREAS, the citizens of Colleyville have long valued the TREES as a natural and often irreplaceable community resource and recognize them as assets for their beauty and service; and WHEREAS, the citizens of Colleyville sense an obligation to protect and promote trees as one fulfillment of their civic responsibilities for present as well as future generations. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. DEFINITIONS STREET TREES: "Street Trees" is herein defined as trees, shrubs, bushes, and all other wood vegetation on land lying between the curb, pavement line and the property lines of either side of all streets, avenues or ways within the City. PARK TREES: "Park Trees" is herein defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park. Sec. 2. CREATION AND ESTABLISHMENT OF A COLLEYVILLE TREE BOARD There is hereby created and established a City Tree Board for the City of Colleyville, Texas, which shall consist of six (6) members, consisting of three (3) members of the Parks and Recreation Advisory Board, and three (3) members of the Colleyville Proud and/or the Colleyville Garden Club, who shall be appointed by the City Council. This Tree Board shall serve in an advisory capacity to the Colleyville Parks and Recreation Board and through them, to the City Council. Sec. 3. TERM OF OFFICE The term of the six persons to be appointed by the City Council shall be three years except that the term of two of the members appointed to the first Board shall be for only one year and the term of two members of the Ordinance 0-98-1130 Page 2 of 6 first Board shall during the term City Council. be for two years. In the event that a vacancy shall occur of any member, his successor shall be appointed by the Sec. 4. COMPENSATION Members of the Colleyville Tree Board shall serve without compensation. Sec. 5. DUTIES AND RESPONSIBILITIES It shall be the responsibility of the Board to study, investigate, counsel and develop and/or update annually a written plan for the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs in public ways, streets and alleys. Such a plan will be presented annually to the Park and Recreation Advisory Board and through it to the City Council; and upon acceptance and approval of the City Council, shall constitute the official comprehensive City Tree Plan for the City of Colleyville, Texas. The City Manager or his designee shall be responsible for the planting, pruning and removal of all trees located within the street rights-of-way, easements, alleys and parks of the City of Colleyville within the criteria of the approved plan. The owner of land abutting on any street may, when acting within the provisions of this ordinance, prune, spray, plant or remove trees in that part of the street abutting his land. Permission of the City Manager or his designee shall only be required when the owner of the abutting property intends to deviate from the rules and regulations contained in this ordinance. The Board, when requested by the Colleyville Parks and Recreation Advisory Board or the City Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work. Sec. 6. OPERATION The Board shall choose its own officers, adopt by-laws and keep an official record of its proceedings. A majority of the members shall be a quorum for the transaction of business. Ordinance 0-98-1130 Page 3 of 6 Sec. 7. SMALL TREES AND LARGE TREES ACCENT TREES (Range from 10 to 20 feet) Redbud Cercis canadensis Crepe myrtle Langerstromeia indica Yaupon holly Ilex vomitoria Bradford pear Purus calleryana "Bradford" Texas sophora Sophora affinis Wild plum Prunus americana Crab apple Malus augustifolia Deciduous holly Illex decidua Flameleaf sumac Rhus copallina Cherry-laurel Prunus caroliniana Chase trees Vitex angus-castus OVERSTORY TREES (Range from 30 to 60 feet) Bald cypress Taxodium distichum Cedar Elm Ulmus crassifolia Lacebark Elm Ulmus parvifolia Pecan Carya illinoinesis Chinese Pistache Pistacia chinesis Bur Oak Querns macrocarpa Red Oak Querns shumardii Sweet Gum Liquidambar styraciflau Green Ash Fraximus pennsylvanica Live Oak Quercus virginiana Western soapberry Sapindus drummondii Post Oak Quercus stallata Black Jack Oak Quercus marilandica Eastern Red Cedar Juniperus virginiana Southern magnolia Magnolia grandiflora Slash pine Pinus elliotii Japanese black pine Pinus thunbergi Austrian pine Pinus nigra Afgan pine Pinus eldarica Sec. 8. SPACING The spacing of street trees will be in accordance with the three species size classes listed in Section 7 of this ordinance, and no trees may be planted closer together than the following (without approval of the Colleyville Tree Board): Accent Trees, 20 feet and Overstory Trees, 40 feet. Ordinance 0-98-1130 Page 4 of 6 Sec. 9 DISTANCE FROM CURB AND SIDEWALKS The distance trees may be planted ftom curbs or curblines and sidewalks will be in accordance with the two species size classes listed in Section 7 of this ordinance, and no trees may be planted closer to any curb or sidewalk than the following: Small trees, 3 feet; Medium trees, 5 feet; and Large trees, 9 feet in accordance with existing City ordinances. Sec. 10 DISTANCE FROM STREET CORNERS AND FIREPLUGS No tree shall be planted closer than 25 feet of any street comer, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet of any fireplug. Sec. 11. UTILITIES No street trees other than those species listed as Small Trees in Section 7 of this ordinance may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. Sec. 12. PUBLIC TREE CARE The City shall have the right to plant, trim, spray, preserve and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing City utilities or to preserve the symmetry and beauty of such public grounds. The City may remove or cause or order to be removed, any tree or part thereof which is located on public property or municipal utility easement, which by reasons of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. Sec. 13. TRIMMING CORNER CLEARANCE Every owner of any tree overhanging any street or rights-of-way within the City shall trim the branches so that such branches shall not obstruct the light from any street tamp or obstruct the view of any street in an intersection and so that there shall be a clear space of seven feet (7 ft. ) above the surface of the street or right-of-way. The City shall have the right to trim any tree or shrub on private property when it interferes with visibility of any traffic control device or sign. Such trimming is to be confined to the area immediately above the right-of-way. Ordinance 0-98-1130 Page 5 of 6 Sec. 14. REVIEW BY CITY COUNCIL The City Council shall have the right to review the conduct, acts, and decisions of the Colleyville Tree Board. Any person may appeal from any ruling or order of the Colleyville Tree Board to the City Council who may hear the matter and make a final decision. Sec. 15. PENALTY Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction or a plea of guilty, shall be subject to a fine in an amount not to exceed $2,000 for each offense. Sec. 16. SEVERABILITY OF THE PARTS That the terms and provision of the Ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phrase of this Ordinance should be declared to be invalid in any Court of competent jurisdiction, the same shall not affect the validity of any other section, subsection, sentence, clause of phrase of this ordinance, which remaining portions shall remain in full force and effect. Sec. 17. PUBLICATION The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the I s+ day of December 1998. The second reading and public hearing being conducted on the ~ day of December 1998. 'ATTEST: CtM,c-c/ J n Harris, TRMG, CMC City Secretary OF COLLEYVILLE Richard Newton Mayor Ordinance 0-98-1130 Page 6 of 6 ED AS TO FORM AND LEGALITY: ~" Ross T. F ter City Attorney ORDINANCE 0-09-1709 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING ORDINANCE 0-98-1130, WHICH CREATED THE COLLEYVILLE TREE BOARD, RELATED TO MEMBERSHIP AND TERMS OF OFFICE WHEREAS, City of Colleyville Ordinance 0-98-1130, Section 2, authorized the Creation and Establishment of a Colleyville Tree Board and Section 3 outlined the Term of Office; and WHEREAS, all statutory and constitutional requirements for the passage of the Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council of the City of Colleyville has determined that an amendment to Ordinance 0-98-1130 is in the best interest of the citizens of the City of Colleyville. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Ordinance 0-98-1130, Section 2 -Creation and Establishment of a Colleyville Tree Board is hereby amended to read as follows: There is hereby created and established a City Tree Board for the City of Colleyville Texas, which shall consist of six (6) members, consisting of three (3) members of the Parks and Recreation Advisory Board, and three (3) members of the Keep Colleyville Beautiful and/or Colleyville Garden Club, who shall be appointed by the City Council. This Tree Board shall serve in an advisory capacity to the Colleyville Parks and Recreation Board and through them, to the City Council. Sec. 2. THAT Ordinance 0-98-1130, Section 3 -Term of Office, is hereby amended to read as follows: The terms of the Colleyville Tree Board members shall run concurrent with their terms on the Parks and Recreation Advisory Board and Keep Colleyville Beautiful. In the event that a vacancy shall occur during the term of any member, the successor shall be appointed by the City Council. Sec. 3. THAT Ordinance 0-98-1130 shall remain in full force and effect, except where amended by this ordinance. Sec. 4. THAT the effective date of this ordinance shall be immediate upon its passage. Ordinance 0-09-1709 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2009. The second reading and public hearing being conducted on the 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney L'.~`~~. City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3055 File Number: R-09-3055 File Type: Resolution Status: Tabled Version: 1 Requester: Community Development Department Agenda Date: 01/20/2009 Agenda No.: 7a Controlling Body: City Council Final Action: File Name: Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1 R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 Attachments: Location and Zoning Map Applicant's Request Supplemental Sidewalk System Map Property Plat Exhibit Resolution R-09-3055 History of Legislative File Version: Date: Acting Body: Action Text: 01/06/2009 City Council 01/20/2009 City Council Title Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1 R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 Explanation Update This item was tabled at the January 6, 2009 City Council meeting in order to allow time for staff to finalize its preparations to bring forward amendments to the Land Development Code regarding sidewalk construction. These amendments are tentatively scheduled to be placed on the February 3, 2009 City Council agenda. Reading and Public Hearing Jenson Gainer is requesting a waiver to the construction of a new sidewalk and the recommendation of escrow payment in lieu of construction requirement in the amount of $6,700.00 for sidewalks for the new home located at 2109 Oak Knoll Court. Mr. Gainer is requesting the waiver because there are no sidewalks currently constructed on Oak Knoll Drive. This property is located on the corner of Oak Knoll Court and Oak Knoll Drive. Summary. The new single family home to be constructed on the subject property triggered the sidewalk requirement. The Land Development Code requires sidewalks to be built City of Colleyville Page 1 Printed on 1/14/2009 Agenda Briefing Continued (R-09-3055) along all public streets whenever new structures are built on a property. However, according to the Supplemental Sidewalk System Map recently approved by the City Council, for lots located along the east side of Oak Knoll Drive, on which the subject property is located, payment into an escrow fund in lieu of construction for sidewalks is recommended. Staff is in the process of amending the Land Development Code in order to eliminate the automatic sidewalk construction requirement for all properties, and, instead, require that the sidewalk requirements for new construction adhere the Supplemental Sidewalk System Map recommendations. There are no existing sidewalks on Oak Knoll Drive nor are there any existing sidewalks within the surrounding Stafford Heights Addition. Approximately ninety percent of the homes within Stafford Heights Addition were constructed prior to 1990. In 2006, 1500 and 1508 Oak Knoll Drive were granted a full refund of the sidewalk escrow payment by the City Council. The City Council's options in this case are the following: There are no existing sidewalks on Oak Knoll Drive nor are there any existing sidewalks within the surrounding Stafford Heights Addition. Approximately ninety percent of the homes within Stafford Heights Addition were constructed prior to 1990. In 2006, 1500 and 1508 Oak Knoll Drive were granted a full refund of the sidewalk escrow payment by the City Council. The City Council's options in this case are the following: (1) Approve the waiver -This action would waive the sidewalk construction requirements for this property, which are required by the Land Development Code. (2) Require the payment of escrow funds in lieu of construction -This would allow the applicant to pay into the sidewalk escrow fund the amount of $6,700.00. This would delay construction of the sidewalk until a future date. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Deny the waiver -The property owner would be required to construct the sidewalk immediately. Financial Impact It has been determined that if the waiver is approved as requested, the City would bear the cost of construction of the sidewalk should sidewalks be installed along the street in the future. Recommendation Staff recommends that the payment of escrow funds in lieu of construction be required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on 1/14/2009 Location and Zoning Map ti '} I R 0 -- -~ ~\ ~~ Site 3 "~`- __` ~, I~ _. ,~ ~~ R20 AG ~~ ,, R40 ~ ~\ ,, \ ~'~ ~~: ~,~ ~ ,; ~~ ~ / ,~ P DR .~ 1, Applicant's Request Jenson & Whitney Gainer 2109 Oak Knoll Ct. Colleyville, TX 76034 ~'~~ ..s.m..~..-~ To Whom It May Concern: We respectfully request that the requirement by the City of Colleyville for all new residences to install or escrow money for sidewalks on residential lots be waived in the case or our family residence at 2109 Oak Kno11 Ct. (Lot 1R-B, K.R. Marsh Addition in Colleyville). Although there are currently not sidewalks required along Oak Knoll Ct., there is a required sidewalk or escrowed funds for our 335 approximate feet of frontage along Oak Knoll. The request is being made due to the following conditions: 1.) All of the immediate surrounding properties and all adjacent subdivisions do not have existing sidewalks. Most of the subdivisions and homes surrounding the property were platted in the 1960s-1970s and homes were built shortly thereafter. 2.) The closest subdivision Stafford Heights, 41 of 44 lots have residences built on them without sidewalks as does every single home between our property and this subdivision. This would render building the infrastructure for the sidewalk system to be extremely costly, lengthy, and difficult for the City of Colleyville. 3.) The subject property, all area properties, and surrounding subdivisions are not built with curb and gutter, but rather bar ditch drainage systems. The subject lot has bar ditches at both the North and West boundaries in excess of 24" deep. This also would cause the feasibility of sidewalk installation to be extremely difficult as either a buried drainage system or the incorporation of a retaining wall system would be required. 4.) The two most recent similar cases, 1508 Oak Knoll and 1500 Oak Knoll, were refunded 100% of the escrowed funds by the city council. These properties were both located in platted subdivisions where properties are equally divided whereas the subject property is not. 5.) A sidewalk system is not and never will be fitting with the "natural" country feel of the subject property or surrounding areas. After discussion with neighbors, it is not believed that a sidewalk system would be desired in the area. We feel that due to the natural feel of the subject site and the surrounding area, the extent to which the area is built out, and the large cost of installation to the entire area, the feasibility of a sidewalk system in the area is not likely; consequently, the requirement to install or escrow money for a sidewalk should be waived. Thanks for your time. Sincerely, Jenson Gainer Homeowner -City of Colleyville Supplemental Sidewalk System Map Required Sidewalks (Between 4' & 6' in Width) ~- Existing and Proposed Trails {Between 8' 8~ 12' in Width} Cottonbelt Trail (10' ~fValk connect Grapevine and Hurst) - - -Private Walking Paths (May be any size) Sidewalks NOT Required Escrow Option fer Sidewalk ~ Municipal locations (Y'~ '`; Parks ~;=.`, Schools Water Features ~--- Clty Limit -~--~-- Railr©ad Legend Property Plat Exhibit .~ .-- at,~a. -, ` -, ?~-, ~' ~.-~ l 1 ,Y` .P' e+~ ,,- °! t1~~ i fry j f l t1t` arts ~,., .r ~ }- ~ 1 .~' ~= ~~ ~`' ~ ~l 1 J, ~~ - Sub~ect ~-~~ t ,, ~ got ,R_e ~'f Pr ,~y '~ ~ ~ ,~ ~~©~ , ~>- ope ~.zeea Aa r. ~ti;~ 5`a,2H8 SG. ft °i ~ tt7~ ~sy~'T ~ ~ ~' f 1 ~ ~~; ~ ~`^ llMl7S t~ ~~ ~ , x a atsaaews ~ ~ ~f ~. Required Sidewalk Location ~r ~~ ~~~ ti ~ ~~ = DA ~N~~ +J9C03QY J ~ ~~ 2), 2000 ,,,. y l i ~%" ~ ~ ~~~ ~~ ~ ,~ ,~ ~. _~ ~ ~~ ~~_ ( ~ ~ \\'y l ~ t `L _' COT 1R-A BLOCK t •.Sfl14 AC. }81,3!2 ~C). r't. 1le36 _._.. .. _, .....-......,..~......~.~..- f ;. __ -` ... .._..~.~ _..~. .-..-.r ._ ._ _. _ ~ ..-....~........~ _.. gpylDTr of t_ ;~~~ A ra'~ T~~ tiT HT aH c,. Lf'i1tE t~tE~ac ,,,~..,. RESOLUTION R-09-3055 A RESOLUTION APPROVING A REQUEST FOR A WAIVER FOR THE CONSTRUCTION OF AND ESCROW OF FUNDS IN LIEU OF CONSTRUCTION FOR SIDEWALKS ON BLOCK 1, LOT 1 R-B, K.R. MARSH ADDITION LOCATED AT 2109 OAK KNOLL COURT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the sidewalk construction and escrow requirement for Block 1, Lot 1 R- B, K.R. Marsh Addition located at 2109 Oak Knoll Court is hereby waived. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ,- ~~-`~> City Hall City of Colleyville 100 Main Street `~'~` ~ Colleyville, Texas 76034 r.,.,~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Minutes Status: Reports Version: 1 Agenda Date: 01/20/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 9 Final Action: Secretary File Name: Reports -January 20, 2009 Attachments: Zoning Board of Adjustment Minutes -October 14, 2008 Library Board Minutes -November 10, 2008 Sign Board of Appeals Minutes -November 11, 2008 Planning and Zoning Commission Minutes -December 8, 2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 01/20/2009 City Council Title Zoning Board of Adjustment Minutes -October 14, 2008 Library Board Minutes -November 10, 2008 Sign Board of Appeals Minutes -November 11, 2008 Planning and Zoning Commission Minutes -December 8, 2008 City of Colleyville Page 1 Printed on 1/14/2009 ~; City O~ CO~~@~/V~~~e City Hall ~;, 100 Main Street (~~1)~~~r~, Colleyville, Texas 76034 Minutes -Final 817.503.1000 7. ~... www.colleyville.com Zoning Board of Adjustment Tuesday, October 14, 2008 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustment meeting of the City of Colleyville was called to order by Chairman McNosky on October 14, 2008 at 7:00 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Dee McNosky Absent: Board members Rich Munson, Kevin Sams (Alternate 1) and Jim Gotcher (Alternate 2) Staff Present: Ron Ruthven 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the August 12, 2008 meeting minutes as written. Board member Reynolds seconded. The motion carried by the following vote: Aye: 4 -Kenney, Reynolds, Moore, McNosky Absent: 3 -Munson, Sams, Alt. 1, Jim Gotcher, Alt. 2 5. RECOGNITION OF OUTGOING MEMBERS Chairman McNosky recognized Lisa Kenney as the outgoing member and thanked her for her service on the Board. 6. SWEARING IN OF NEWLY APPOINTED MEMBERS Ron Ruthven administered the Oath of Office to the new members. A new roll call was taken for the new members. Present: Board members Skip Reynolds, Ed Moore, Dee McNosky and Bruce Mayhew (Alternate 2) Absent: Board members Rich Munson, Jim Gotcher and Kevin Sams (Alternate 1) City of Colleyville Page 1 Printed on 1/14/2009 Zoning Board of Adjustment Minutes -Final October 14, 2008 7. ELECTION OF OFFICERS Board member Moore nominated Board member McNosky to Chairman. Board member Reynolds seconded. All accepted the nomination. Board member McNosky nominated Board member Moore to Vice Chairman. Board member Reynolds seconded. All accepted the nomination. Board member Reynolds nominated Amy Shelley to Recording Secretary. Board member Moore seconded. All accepted the nomination. 8. AGENDA ITEMS 8a Case A-08-008- Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements on Lot 10, Block B of the Cambridge Place Addition located at 624 Creekview Lane Ron Ruthven presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:15 p.m. James Gray, the applicant, came forward to present the case and brief the Board members. Board member Moore questioned Mr. Gray regarding if there will be a residence adjacent to his property? Mr. Gray replied yes. Board member Moore questioned Mr. Gray regarding which lot is his lot? Mr. Gray replied Lot 10 and he explained the placement of his driveway. Chairman McNosky questioned Mr. Gray regarding if the lot is a zero lot line and would the fence connect to the future residence? Mr. Gray replied yes. Board member Moore questioned Mr. Gray regarding the placement of the proposed fence, will it cross the property line? Mr. Gray used the drawings to explain the placement of the proposed fence and stated the fence would be on the zero lot line. Board member Moore stated having a concern for the fence being on two different lots. Mr. Gray stated the lots are individual lots with zero lot lines. Mr. Gray stated Cambridge City of Colleyville Page 2 Printed on 1/14/2009 Zoning Board of Adjustment Minutes -Final October 14, 2008 Homes has approved the fencing between the homes. Chairman McNosky questioned staff regarding if the various for the fence is for the height of the fence? Ron Ruthven replied yes. Board member Moore questioned staff regarding how can this be approved as a partial variance request? Ron Ruthven stated the fence can not encroach upon an adjacent property owner's property without their approval, however, that is not what is being requested tonight. He stated the applicant is requesting a variance for the height of the fence encroaching on the front yard setback. Chairman McNosky concurred. Fran Gray, the wife of the applicant, stated they know that they will be without a finished fence until the other residence is built. She stated the variance request is for the height of the fence. There being no one wishing to speak, the public hearing was closed at 7:30 p.m. Board member Reynolds moved to approve case A-08-008. Board member Mayhew seconded. The motion carried by the following vote: Aye: 4 -Reynolds, Moore, McNosky, Mayhew, Alt. 2 Absent: 3 - Gotcher, Munson, Sams, Alt. 1 9. 10 REPORTS AND COMMENTS None ADJOURNMENT The meeting adjourned at 7:40 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, October 9, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 13, 2009. City of Colleyville Page 3 Printed on 1/14/2009 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES November 10, 2008 CALL TO ORDER -Chair Jerome Davis called the meeting of the Colleyville Public Library Board to order at 7:06 p.m. ROLL CALL -Members present: Pat Jones, Karen Birkes, Jerome Davis, Mary Alice Rippe and Nancy Bowen Members Absent: Steve Isbell and Richard Roxburgh Alternates Present: Kathleen Hennessey Alternates Absent: Thad Bolline Ex-Officio Members Present: Cecilia Monacelli and Kay Newton Ex-Officio Members Absent: Steve Banta, Dr. Larry Darlage, Mayor David Kelly, Jorge Rodriguez and Ret Stansberger Staff present: Mary Rodne II. APPROVAL OF OCTOBER 13, 2008 MINUTES - A motion was made by Pat Jones and seconded by Mary Alice Rippe to approve the October 13, 2008 Minutes as presented. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library Usage Statistics, for review and discussion. In October, patrons had checked out a total of 16,347 items, 137 Colleyville residents registered for library cards, library patron visits totaled 8,690, attendance for library programs totaled 1,130, and volunteer hours totaled 194.50 hours. Rodne noted that the total circulation of library materials this year was 6% higher than the total circulation of library materials last year at this time. b. Donations Director Mary Rodne reported that the Library had received a total of $500 in donations in October. The donations included: $500 from the Colleyville Lions Club for the purchase of large print materials. c. Programs IV V. Director Rodne reported that Youth Services fall programs would be ending the second week in December and that staff members were busy planning the Winter/Spring session of programs, scheduled to start the week of January 26, 2009. Rodne reminded everyone that the Library's Holiday Open House event was scheduled on December 13, 2008, from 1:00 - 3:00 PM. Highlights of the scheduled activities were presented and discussed. COLLEYVILLE PUBLIC LIBRARY SPATIAL REORGANIZATION PROJECT PLAN UPDATE Director Mary Rodne presented an update on the Library's Spatial Reorganization Project Plan. Rodne reported that Sam McBane Mulford, Principal Strategist, of Ideation • Collaborative was incorporating the revisions suggested by the Spatial Reorganization Core Team members, and the Library Board and staff. Additionally, it was noted that Mulford would be submitting a revised Spatial Reorganization Plan draft before the end of December. DISCUSSION OF THE COLLEYVILLE PUBLIC LIBRARY BOARD 2009 MEETING DATE SCHEDULE Director Rodne distributed the 2009 Library Board meeting schedule for review. Discussion ensued. Consensus of the Board was that regular meetings be held monthly as scheduled except for the months of April, July, September and December. The Board agreed not to hold meetings these months unless needed. VI. NORTH TEXAS CONFERENCE FOR LIBRARY SUPPORTERS Director Mary Rodne reported that she was serving on the planning committee for the first Annual North Texas Conference for Library Supporters, scheduled to be held on Saturday, January 31, 2009, at the Lockheed Martin Recreation Area (LMRA) in southwest Fort Worth. Rodne noted that the Conference was designed for members of Library Boards; Friends of the Library and Library Foundations; Library Volunteers and Other Supporters; PTA Members who Support School Libraries; and Library Staff who work with any of these organizations. Rodne added that a Keynote Address: Your Library Forms the Character of Your Community, would be presented by Patrick Heath 2009 - 2010 Texas Library Association President and Mayor of Boerne 1987 - 2007. Rodne also noted that the Colleyville Public Library Foundation would be presenting information about Colleyville's Race to Read at one of the idea sharing sessions. Rodne concluded that the conference would be very educational and encouraged everyone to attend. VII. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Kay Newton reported that the Friends of the Library had held a Board Meeting on November 6, 2008, and that the Friends were planning to offer a Fourth Thursday Program Series in 2009 featuring Local Authors. Newton announced that several of the featured authors would be John M. Tippets, a local author who wrote the book Hearts of Courage, and Dave Leiber, Star-Telegram Columnist, featuring his current book Dave Lieber's Watchdog Nation. Newton added that additional authors would be included in the series. VIII. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT President Cecilia Monacelli reported that the Race to Read Fun Run event held on November 8, 2008, had been a successful fundraising event in which around 200 runners had participated, Monacelli added that revenue details would be discussed at the next Library Board Foundation meeting scheduled on November 17, 2008. Monacelli also noted that the Library Foundation's 2008 annual support mailer had been sent out, and that to date, around $15,000 in donations had been received. IX. NEXT MEETING DATE Chair Jerome Davis noted that the next Library Board meeting was scheduled on January 12, 2009. X. SUGGESTED ITEMS FOR FUTURE MEETINGS None XI. CITIZEN COMMENTS None XII. ADJOURN: A motion was made by Nancy Bowen and seconded by Pat Jones to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 8:00 p.m. ~~ ~' ~ Cit of Colle~/ville Y 1 City Hall t 1 0 M i S ; , ~` r- ~ (( ~l~iu.+~' tree a n 0 Colleyville, Texas 76034 ~~ Minutes -Final 817.503.1000 www.colleyville.com Sign Board of Appeals Tuesday, November 11, 2008 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on November 11, 2008 at 7:00 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky and Jim Gotcher (Alternate 2) Absent: Board member Kevin Sams (Alternate 1) Staff present: Ron Ruthven and Justin Bass 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Reynolds moved to approve the October 14,2 008 meeting minutes as written. Board member Moore seconded. The motion carried by the following vote: Aye: 6 - Gotcher, Alt. 2 Absent: 1 -Sams, Alt. 1 Reynolds, Moore, Munson, McNosky, Mayhew, 5. AGENDA ITEMS 5a. Consideration of an appeal of the decision by the Sign Board of Appeals for a variance from the regulations of the Colleyville Land Development Code regarding sign requirements on Tract 1A1, Abstract 798 of the Joseph H. Harrell Survey located at 1212 W. Murphy Road, Case A-08-011 Justin Bass presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:05 p.m. Ron Robbins, the applicant representing Toll Brothers, came forward to present the case and brief the Board members. City of Colleyville page 1 Printed on 1/1M2009 Sign Board of Appeals Minutes -Final November 11, 2008 Chairman McNosky questioned Mr. Robbins regarding if the property located in Somerset Manor is their property? Mr. Robbins replied no. Chairman McNosky questioned Mr. Robbins regarding if the red line was the Reserve at Colleyville property? Mr. Robbins replied yes. Board member Gotcher questioned Mr. Robbins regarding if the property where the sign is to be located, is it for sale? Mr. Robbins replied yes. Board member Gotcher questioned Mr. Robbins regarding if the current owners are the ones that you have the agreement to have the sign placed on their property? Mr. Robbins replied yes. Board member Gotcher questioned Mr. Robbins regarding if the future owners have agreed to the sign? Mr. Robbins replied they do not know who the future owners are going to be. He stated they would approach them as well to get an arrangement to have a lease with them for the sign. He stated their alternate plan would be to have a joined sign. Board member Gotcher questioned Mr. Robbins regarding what were the plans in the beginning of this development knowing that the property set off from Precinct Line? Mr. Robbins replied the marketing of the property in the beginning was an issue, however, he stated he was not involved in the very beginning of the development. He stated he thought they would probably have to come in and request a variance for the off premise sign. He stated one goal was to purchase part of that property to place a sales trailer on it to be able to market the development. He stated that failed, therefore, they have to request the variance. Chairman McNosky questioned Mr. Robbins regarding the game plan for the longevity of the proposed sign? Mr. Robbins replied the plan is for a specific temporary sign. Chairman McNosky questioned Mr. Robbins regarding a time frame, how long? Mr. Robbins replied the code states a temporary sign can stay up three years from the start of construction or until the development is 90% complete whichever occurs first. Board member Moore questioned staff regarding if the 90% complete is accurate? Ron Ruthven replied the three years from the start of construction or until the development is 90% complete whichever occurs first is correct, but only if the sign is on premise. Mr. Robbins replied they are asking for an additional one year extensions that would either be granted by the Building Official or some other type of enforcing official since the development is so large. Roger Guthrie, 759 Bandit Trail, came forward and spoke in favor of the request. He stated it is in the best interest of the development. City of Colleyville page y Printed on 1H4/2009 Sign Board of Appeals Minutes -Final November 11, 2008 Board member Gotcher questioned Mr. Guthrie regarding if he lives on the property? Mr. Gotcher stated not currently, he stated he sold the property. Board member Gotcher questioned Mr. Robbins regarding if any homes have been built in the Reserve or in Somerset? Mr. Robbins replied none have been built in either development. He stated the streets are in and the lots are in and ready to be built in the Reserve. He stated Somerset is still in the beginning stages. Board member Gotcher questioned Mr. Robbins regarding how many homes are to be in the Reserve? Mr. Robbins replied a total of 162 at full build out. Board member Moore questioned Mr. Robbins regarding the placement of the sign, why is it not being placed at Murphy Road? Mr. Robbins replied they are very limited with regards to where they can place the sign because of the space available on the property and easements on Murphy and Precinct Line. Board member Moore questioned Mr. Robbins regarding if the property for the proposed sign is 1212 Murphy Road and is it currently for sale? Mr. Robbins replied yes. Discussion occurred between Board member Moore and Mr. Robbins regarding the zoning of the subject property. Board member Gotcher questioned Mr. Robbins if the Somerset development has a sign? Mr. Robbins replied not knowing, he stated the zoning is in place for the development. He stated they may be able to market both communities off of this one sign, maybe, in the future. There being no one wishing to speak, the public hearing was closed at 7:29 p.m. Board member Moore stated this type of sign is not necessary in Colleyville. He stated the homes of this caliber are going to be marketed by realtors. He stated this road does not need to be burdened with this sign. He stated he did not agree with someone else approving an extension on this sign. Board member Reynolds questioned staff regarding what is their recommendation? Justin Bass stated staff recommends denial based on the fact that these off premise signs are not allowed in Colleyville. Board member Reynolds acknowledged the letter received after packets City of Colleyville Page 3 Printed on 1H4/2009 Sign Board of Appeals Minutes -Final November 11, 2008 delivered. Board member Moore moved to deny case A-08-011. Board member Gotcher seconded. The motion to deny carried by the following vote: Aye: 6 - Gotcher, Reynolds, Moore, Munson, McNosky, Mayhew, Alt. 2 Absent: 1 -Sams, Alt. 1 5b. 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 Justin Bass presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:35 p.m. Rich Driscoll, the applicant, came forward to present the case and brief the Board members. Mark Van Buskirk, 103 Belmont Place, came forward and spoke in favor of the request. Board member Reynolds recused himself from the meeting due to his Lion Club Membership at 7:42 p.m. Chairman McNosky questioned staff regarding if City Council has addressed anything new with the sign code? Ron Ruthven stated the Sign Board made recommendations to the City Council and they did review those recommendations, however, the City Council left the code to stand. Discussion occurred with Board member Moore and Mr. Driscoll regarding the different areas of the sign and their particular uses. Board member Moore questioned Mr. Driscoll regarding other signs in the area around his property? Mr. Driscoll replied there is a sign at Able Electronics that is running graphics and changing more frequently, north of the subject property. He stated the building next to ours has not finished their sign. Chairman McNosky questioned staff regarding the variance request is for the frequency of changing the message? Justin Bass replied yes, time and temperature can be the only thing that can flash. City of Colleyville Page 4 Printed on 1/14/2009 Sign Board of Appeals Minutes -Final November 11, 2008 Board member Moore questioned staff regarding if time and temperature are the only things that can be displayed? Justin Bass replied yes. Animation is not allowed and the words can only be shown for five minutes. Ron Ruthven stated the code allows the message to change but only every five minutes. He stated the message must stay static for five minutes, no flashing, no animations. Board member Gotcher questioned staff regarding what is the magic with five minutes? Ron Ruthven replied not knowing the intention of the five minutes. He stated it has been in the ordinance for several years, at least five years. He stated he thought the reason for the five minutes was to not have any movement on the sign to cause a distraction for drivers. He stated businesses could change messages, they have to be static for five minutes. Chairman McNosky discussed history and rational regarding the sign code regulations. Mr. Driscoll stated he wants to be able to change the message more often with the use of animation. Discussion occurred between Board member Moore and Mr. Driscoll regarding the changing of the message. Board member Moore stated the Board has addressed the message changing with other variance requests. Chairman McNosky stated the Board does not want to re-write policy, the City Council needs to address re-writing the policy. Board member Gotcher stated there is not a hardship associated with this request. He stated this is an issue with the ordinance. Chairman McNosky stated the Council will have to address this issue. Board member Gotcher concurred. There being no one wishing to speak, the public hearing was closed at 7:50 p.m. Board member Moore moved to deny case A-08-012. Board member Munson seconded. The motion to deny carried by the following vote: Aye: 5 -Gotcher, Moore, Munson, McNosky, Mayhew, Alt. 2 Absent: 1 -Sams, Alt. 1 Abstain: 1 -Reynolds City of Colleyville Page 5 Printed on 1/14/2009 Sign Board of Appeals Minutes -Final November 11, 2008 REPORTS AND COMMENTS None 7. ADJOURNMENT The meeting adjourned at 7:56 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, November 6, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 13, 2009. City of Co/leyville page g Printed on 1/14/2009 City of Colleyville City Hall .r ~;,~ .~f~s 100 Main Street ~,~ Yl~t~ Colleyville. Texas 76034 Minutes -Final 817.503.1000 ~~..., www.colleyville.com Planning and Zoning Commission Monday, December 8, 2008 6:15 PM City Council Chambers 6:15 P.M.-PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on December 8, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Ron Rotthaus and Jeff Byerly Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt 3. INVOCATION The invocation was given by Commissioner Byerly. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved to approve the November 10, 2008 meeting minutes with the following addition to page 3, "Commissioner Redfearn stated his objection to the motion since a rezoning to AG; RE or R40 would be more appropriate. In addition, he objected on the basis that surrounding neighbors had a reasonable right to expect that there would be no livestock on their streets or in their backyards since this had been zoned R20. Commissioner Dudziak seconded. City of Colleyville page 1 Printed on 1/13/2009 Planning and Zoning Commission Minutes -Final December 8, 2008 The motion carried by the following vote: 6. 7. 7a Approval of a replat for Lot 1, Block 1 of Coptic Acres Addition located at 1110 John McCain Road, Case P-08-033 Justin Bass presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:05 p.m. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Commissioner Phelps moved to approve case P-08-033. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 7b Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Longwood Estates at Ross Downs Addition, Case Z-08-016 Justin Bass presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if there is a concern with a McDonald's or a Wendy's coming in at this location with this approval? Justin Bass replied no, this ordinance will only allow a coffee shop. He stated any other type restaurant use would have to come back to the City for an amendment to the ordinance. Commissioner Byerly opened the public hearing at 7:07 p.m. David McMahan, the applicant, came forward to present the case and brief the Commission. He stated they do not want any fast food establishments on this property other than a coffee shop. Commissioner Byerly questioned Mr. McMahan regarding if the Commission limits the drive up window to the north side of the building, would it be a problem? Mr. McMahan replied not having a problem that condition. Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None PUBLIC HEARING AGENDA ITEMS City of Colleyville page 2 Printed on 1H3/2009 Planning and Zoning Commission Minutes -Final December 8, 2008 Commissioner Phelps questioned Mr. McMahan regarding if the traffic flow around the building is one way? Mr. McMahan stated it is wide enough for two way traffic flow. Commissioner Phelps questioned Mr. McMahan regarding if the drive area would be striped? Mr. McMahan replied yes. Commissioner Dudziak questioned Mr. McMahan regarding if there are any plans to put an awning over it? Mr. McMahan replied no, not at this time. He stated the Fire Department has stated there would be certain guidelines to follow if there is an awning placed there in the future. He stated they are willing to comply with those requirements if there is an awning placed there. There being no one wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Byerly moved to approve case Z-08-016 with the amendment to the ordinance to clarify that the drive thru services only be permitted on the north side of the building on Lot 2, Block 11, where the window is currently located. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Phelps, Rotthaus, Byerly 7c Approval of a Special Use Permit (SUP) for an accessory building and servants or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition located at 7201 Trianon Court, Case Z-08-024 Justin Bass presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:15 p.m. Chuck Kramer and Jenny Scarbourgh, representatives for the applicant who is in the hospital, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Kramer regarding why is there a need for seperation from the guest house and the main house? Mr. Kramer replied the Hudson's are very private people. They want to give their mother her own space. Commissioner Byerly questioned Mr. Kramer regarding the square footage for the main house, 30,000? Mr. Kramer replied no, that is an error, the main house is 14,000 square feet. City of Colleyville Page 3 Printed on 1/13/2009 Planning and Zoning Commission Minutes -Final December 8, 2008 Commissioner Dudziak questioned Mr. Kramer regarding if there is a need for over 2,000 square feet in the servant's quarters, or where the mother will live, as opposed to coming under the guidelines of 1,700 square feet? Mr. Kramer replied the mother is very ill, at times, therefore, there will be other people in the house with her attending her needs. He stated the Hudson's will have family that will come and stay with them at times that will require the space. Commissioner Dudziak questioned Mr. Kramer regarding if the rear of the structure would be screened from John McCain? Mr. Kramer replied they will be landscaping that area. He stated there is a subdivision wall that will be at the rear of this structure as well. Commissioner Clardy questioned, for clarity, Mr. Kramer regarding the accessory structure will be about 14% of the main residence? Mr. Kramer replied correct. There being no one wishing to speak, the public hearing was closed at 7:21 p.m. Commissioner Phelps stated having concerns regarding have multiple units on one property. He stated this does not really lend itself to the typical concerns. Commissioner Dudziak stated having concerns with having a possible rental property for the future. He stated if this is approved, the property could be used for rental property. Commissioner Clardy stated with no garage being attached to this structure, that might keep this unit from being a rental unit. Commissioner Dudziak questioned staff regarding in the draft ordinance, section g, does that statement cover not allowing rental use of the property? Justin Bass replied no. Commissioner Dudziak questioned staff regarding if the ordinance can state that the property may not be used as a rental unit, however, how would it be enforced? Ron Ruthven replied the difficulty would be in enforcing it. He stated with only one meter on the property that can safe guard the use of the guest house as use as a future rental unit. Commissioner Byerly questioned staff if that would include submetering at some point? Ron Ruthven stated the city would not issue a seperate meter. Commissioner Byerly stated they can come in and put in their own meter. Ron Ruthven stated the electric company contacts the Building Department when issuing a sepe rate meter. He stated the city would not issue a seperate meter. City of Colleyvil/e page q Printed on 1/13/2009 Planning and Zoning Commission Minutes -Final December 8, 2008 Commissioner Byerly concurred with Commissioner Dudziak and stated it concerns him most because it is contained in a subdivision. He stated it would be better if it were its own subdivision. He stated the current homeowners have no intention to rent the property, however, the future homeowners may have a different idea about the use of that 2,300 square foot accessory structure. Commissioner Rotthaus stated the property would have to be subdivided if they are to use this as a seperate dwelling unit. Commissioner Byerly stated once the unit is there, depending on the PUD, if they meet those requirements, they can come in and plat however they want to; then you are stuck with how it gets divided. Commissioner Rotthaus stated notification was sent out to the residents and no one has come forward to oppose the request. Commissioner Phelps stated it is difficult to see the dimensions if there is a future split in the lot, if they would not meet the minimum requirements of the PUD ordinance in place. Justin Bass stated the PUD ordinance requires all lots to be a minimum of 30,000 square feet. He stated it would be difficult to split the lot with the structure on it and meet those requirements. He stated the PUD would have to be amended as well. Commissioner Clardy questioned staff regarding if there is a minimum size to the residences in this neighborhood? He stated there may be enough attic space to add another floor. Justin Bass replied not knowing, Mr. Kramer may know. Becky Kramer, representative with Chuck Kramer, came forward and stated no, another floor could not be added because of the slope of the roof line and the attic space. Commissioner Phelps moved to approve case Z-08-024. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 4 -Redfearn, Clardy, Phelps, Rotthaus Nay: 3 -Knox, Dudziak, Byerly City of Colleyville Page 5 Printed on !/13/2009 Planning and Zoning Commission Minutes -Final December 8, 2008 8. ADJOURNMENT The meeting adjourned at 7:31 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on December 4, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 12, 2009. City of Colleyville page g Printed on 1/13/2009 RESOLUTION R-09-3059 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JANUARY 20, 2009 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor