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Home My WebLink AboutCity Council-Agenda Packets-2/17/2009- City of Colleyville City Hall 100 Main Street ~ Colleyville, Texas 76034 817. 503.1000 :.~~ A enda www.colleyville.com City Council Tuesday, February 17, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of Colleyville Center Feasibility Study - Phase I Broad Market Study and Preliminary Financial Assessment PC-2 Presentation of the Monthly Financial Report -January 2009 PC-3 Discussion of the February 17, 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. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Matthew LeGrange, Compass Christian Church City of Colleyville Page 1 Printed on 2/12/2009 City Council Agenda February 17, 2009 PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. 3 EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3069 ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Interim Fire Chief Clinton Russell Shelley's successful completion of the U.S. Fire Administration's Nation Fire Academy - Mayor David Kelly 4 4a CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3070 Approval of the minutes of the regular City Council meeting of February 3, 2009 4b Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing of various streets within the Woodland Hills East subdivision, in the amount of $121,049.28, and authorize the City Manager to execute the contract 4c Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing of various streets within the Tara Plantation subdivision, in the amount of $75,114.60, and authorize the City Manager to execute the contract 4d Approval to extend the Borders Retail Economic Development Agreement and authorize the City Manager to execute the Agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1708 Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 City of Colleyville Page 2 Printed on 2/13/2009 City Council Agenda February 17, 2009 5b 0-09-1709 Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 5c 0-09-1710 Approval of amendments to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations and Chapter 6, Article 1 of the Code of Ordinances regarding Alcoholic Beverages, Case GC09-001 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1711 Approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code 6b 0-09-1712 Approval of amendments to Chapter 9-Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations, Case G-09-005 6c 0-09-1713 Request for an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lot 3, Block 1, of the Sunrise Terrace Addition located at 1117 Glade Road, Case ZC09-003 7. RESOLUTION(S) READING AND PUBLIC HEARING 7a R-09-3071 Adoption of an Identity Theft Prevention Program in accordance with an amendment to the Fair and Accurate Credit Transactions Act (FACTA) of 2003 8. TABLED ITEM: 8a 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 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Colleyville Trails and Sidewalks Committee Minutes -August 18, 2008 Library Board Minutes -January 12, 2009 Planning and Zoning Commission Minutes -January 26, 2009 City of Colleyville Page 3 Printed on 2/12/2009 City Council Agenda February 17, 2009 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 17, 2009 -Reading and Public Hearing -Resolution R-09-3072 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 13, 2009, by 5' f Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 2/12/2009 „ `„ ~~ ~~ ,~~ City of Colleyville 100 Main Street ~~` Colleyville, Texas 76034 r.~:~~- Agenda Briefing 817.503.1000 vrww. co l l e yv i l l e. co m File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Colleyville Center Agenda Date: 02/17/2009 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Presentation of Colleyville Center Feasibility Study -Phase I: Broad Market Study and Preliminary Financial Assessment Attachments: Broad Market Assessment Presentation.pdf The Colleyville Center: A Broad Market Assessment of Expansion Opportunities.pdf Preliminary Financial Assessment -Proposed Expansion of the Colleyville Center Colleyville Center Advisory Committee Meeting Packet - November 17, 2008.pdf History of Legislative File Version: Date: Acting Body: Action Text: 02/17/2009 City Council Title Presentation of Colleyville Center Feasibility Study - Phase I Broad Market Study and Preliminary Financial Assessment Explanation This item is provided as an opportunity to update City Council on the initial phase of the Feasibility Study for the expansion or renovation of Colleyville Center. Representatives with Komatsu Architecture and Weinstein, Clower and Associates will make a presentation. The Fiscal Year 2008 (FY 2008) Annual Work Plan called for avisioning-redevelopment study for the viability of expansion, renovation and future use of Colleyville Center. Colleyville Center is the City's 11-year old public assembly facility. Since opening, the Center has evolved into ahigh-demand venue that annually hosts more than 600 business and private functions, which includes social events often booked a year in advance and an annual average of 80 wedding receptions. The Center also continues to serve as a community meeting place for citizens, civic organizations, private schools, Grapevine-Colleyville Independent School District (G-CISD) and City departmental and public events. The 12,000 square foot Center also includes 8.1 acres of grounds, two retention ponds and a Balustrada Plaza available for outdoor ceremonies. The parking lot was expanded within a year of opening to accommodate a total of 209 spaces. However, adequate parking remains an issue for large events of 250 or more. The main hall seats up to 300 banquet style and is adequate for small weddings and events. A stage is also available in the main hall and is used for recitals by local dance City of Colleyville Page 1 Printed on 2/12/2009 Agenda Briefing Continued studios, school performances, stage plays, pageants, etc. The acoustics of the main hall and inadequate audio-visual equipment can present challenges for business users and performing art groups. The lack of greenroom and stage space also limits usage. Current customers of the Center include Northeast Orchestra, drawing approximately 100 attendees per performance and Regal Opera, with attendance of approximately 200 per performance. The City's Economic Development department sponsors eight (8) performances annually through a grant application process. The Colleyville Center has lost customers due to capacity limitations. During FY 2008, Colleyville Center generated revenues of $258,152, which offset the operating budget by 75%. The remaining 25% balance of $84,934 was provided by the general fund. The FY 2008 Fourth Quarter Colleyville Center Report that was provided to the Colleyville Center Advisory Committee in November 2008 is attached. Assessment and Analysis On March 4, 2008, City Council approved a contract with Komatsu Architecture to conduct and provide a feasibility study and market analysis for the possible expansion and/or renovation of Colleyville Center. The study was designed to evaluate the future market potential of the Colleyville Center, both as a destination venue and increasing usage by the community. Dr. Terry Clower, Weinstein, Clower and Associates completed Phase I of the study, which included a Preliminary Scoping Assessment, Broad Market Evaluation and Preliminary Financial Assessment. A Feasibility Study Advisory Group was assembled, which included Mark Johnson, Colleyville Center Advisory Chair; Louis Miller, Civic Group Representative; Susan Williams, Chamber Representative; Paul Vigilletti, representing the Music and Arts venues, Carol Wollin, City Council Representative, Kelly Cooper, City Management Representative, Lin Przybyl, Colleyville Center Manager and Marilyn Gilbert, Colleyville Center staff. This group met with Dr. Clower to establish key informant contacts, develop the preliminary scoping assessment, assess the needs of the community and provide guidance to the research that would take place in the Broad Market Evaluation. The Broad Market Evaluation was completed in July 2008. The evaluation was used to determine market desirability of the Center, potential future untapped uses, what the market could support, potential users not currently being reached and reasons previous users were no longer clientele of the Center. Findings The consultant interviewed the key informants identified by the Feasibility Study Group and included Center staff, citizen Advisory Committee, business community and arts community members, City officials, G-CISD representatives, and directors of similar types of facilities within the DFW Metroplex. The interviews yielded the following common elements: • There is a need for flexible space that would accommodate at least 500 banquet-style seating • Expansion would be effective in "recapturing" some original users who had outgrown the Center's space and be more attractive to a larger range of potential users City of Colleyville Page 2 Printed on 2/12/2009 Agenda Briefing Continued • Updating the audio-visual technologies would aid in effectively competing for business meetings and continue to draw non-local events • There is an existing demand for theater space with the addition of a performing arts theater The Broad Market Assessment summary noted the Center might consider modest renovations that would substantially improve the quality of the existing facility. Specifically: • New flooring • Improved acoustics • Substantially upgraded audio-visual technologies Dr. Glower's research concluded that the market could support an expanded venue and consideration should be given to the following options and features: Expansion of existing facility by 7,200 square feet: • Banquet seating for 500 persons, plus a stage area • Full kitchen facilities, unless there is an increase in the number of local full service restaurants Addition of afree-standing performance theatre: • A traditional performing arts theater seating 150 to 200 persons with related backstage facilities • Addition of an elevated parking garage necessary to accommodate simultaneous events for astand-alone performing arts theater Based on the Broad Market Evaluation findings, Komatsu Architecture proceeded with development of a potential site plan to determine if the various options would fit within the current acreage and preliminary cost estimates for each option. The Preliminary Financial Assessment was completed in October 2008, and took into consideration information from the Broad Market Evaluation, financial data from current Center operations and a review of operating characteristics of similar venues throughout the DFW Metroplex. Assessment included an analysis of projected revenues and expenses for each of the potential scenarios. Considerations were analyzed for on-going costs associated with utilities, personnel, management, construction cost, marketing and facility maintenance. At the November 17, 2008 Colleyville Center Advisory Committee meeting the Committee considered and discussed each option and unanimously voted to: A. Establish aphase-in approach for updating and renovation of the Center to be completed over several years, which will eliminate long-term closure of the Center. This option will require astep-two analysis, including the establishment of a timeline, design plan and creation of a proposed financial plan for City Council consideration and approval. City of Colleyville Page 3 Printed on 2/12/2009 Agenda Briefing Continued B. Continue to study the feasibility of expansion of the existing facility by 7,200 square feet as a future vision. The study reflects, "there is sufficient market opportunity to justify additional public investment in this community amenity." C. The Colleyville Center site should not be considered for astand-alone theatre. It is prohibitive due to parking options, which would compromise the aesthetics of the Colleyville Center grounds. Staff's recommendation is to consider updating and renovation of the Center. Approximately $180,000 has been identified as potential funding to begin modest renovation once a timeline and complete financial plan is established and approved. The source of this funding is from the accumulated interest from the original sale of bonds used to construct the Center and the unencumbered balance from the Center feasibility study. Based on the uncertainty of the current economic climate, staff seeks direction from City Council to move forward with Plan "A" establishing aphase-in approach for updating and renovation of the Center to be completed over several years, including the establishment of a timeline, design plan and creation of a proposed financial plan for City Council consideration and approval. City of Colleyville Page 4 Printed on 2/12/2009 C.ItY oI K,O M AT S U ~ C~-___- ~ ,..,; Approach ~.,. o, c,~-- e .~:~; GIIY o/ C ____ e ~/~a.' ,Gallery Plan Considerations •Retain existing facility envelope •Retains existing interior walls Facility Improvements •New flooring in high use areas •Remodel toilet rooms •Refinish stage floor •Upgrade Ballroom acoustics •Upgrade Ballroom audio visual equipment •Update wall finishes •Update lighting - - ~; h' S k ~. rt~'~ \ ~~~ ~~ ~. .~; ~~~~ Parking Area 101 Existing 11,800 Existing "'Y°' 104 o~erfioW Existing Facility C e 205 Total 11,800 Total '~~°° ,.. ~ i:,~f 1 I ~ * ~ ~ ~.; ~ .:'e! ~ -r-..^s'.;, r ~., -u ....~., ate,. ....<.' a ,' ~'~ -- ..... -y ; ~ '°~ ~.-~, _ ~~: Pros W:.i --_ _ K~ '~ ~ ' Fitness C ~ i'r"~. ~. ~~~ k~ _ ~: ~' -~, Meets parking needs ,,, .k,,, ~ , , ~~ •Remains operational ,~ ,, "' `' ~ ~~' ~`' ~ ~~ •Separate new facility ~~ ~: _ _ ~,~ ~,:~ t ~ ~ Cons ~~ ~~` ~~ •Does not meet program ~` ~ - s `~~ ~ ' "_ ~ ~ •Separate staff ' _ ,~, '~ ~ y•Separate facility m.. . ,~ ~~ # ~ ~.. ~ ~.. ~~~~,`~ '~ 'Expensive ,, .~' ~,~rr .. t ~ ~. ' f ` . ~~ 1 ,~ 4 \ .~ Q ~ _ _ ~_ ._ _ - - -- - ~ >~` ;,~ 1, ~ 200 Seat Theater 1,,, ... with Flat FI ~`"' " ~~ ~ ~~ ~~ ~ ~r ~ ~n+ a. ,:i,~ aT ~>~~~, m.:. ~ ~,.~ rte;: ~~ ~ ~ d Parking Area _ 101 Existing 11,800 Existing "'Y°' 245 Added 6,450 New Building Reduced Venue C~ ~ e 346 Total 18,250 Total '•~°° ~ w r :: ~ ~. ,~. ~ ~. Pro °~ : , . = ~_ y`~. ' s'' ~ Fitness Ge ' •Mee ~ ' ' ~~ ~~~ •Sha ~_~'~~ ~~, ~:~ -~- r~ sr~~ ~~ ~ ~ ~" . _ _ Parkin Area 101 Existing 11,800 Existing __`_"Y°' 238 Added 7,200 Addition Addition Only C, e 339 Total 19,000 Total '•~° ,... ,, , Y ~- -- ~~ .~ , ,. V ,, ~~: Pros a ~..~ ~ - -,-_._ , " ~rcy ,~, ~.~,~ Fitness `Ce t~ Y; .Meets program needs '~ ~, , ~~ ~„ .~~ ~- s. .Shared existing functions ~:;_ ~,A .Allows second entrance ~.~ ~r ~ ~.; <<,;> ~ ~ ` .Separate Theater facility .~ _ .~,,. ~ \_ ~ ~ Cons ~. rig, ~ ,~~~ ~' ~ ~~'~~ ~ ~~ ~~,,.. ~:~~` j~ .Closed during construction s I _ ~I Pte, r ~ , '~ ~' ~-~ ~°~ ~ '~ .Does not adequately meet ~ ,;.r. `, ~ys~ f ~'~~ ~~~ `~ ' ~'~~ =~ parking needs * unless ',~ ''~ .1 l.~tl Q, ire ~ ~'W~~`` ~ `s s: '~ ;~ ~ r r~ -~ parking deck is added ,: ~' ;. .~, I ~ ~ \,^ f. t, . .' ; '`~ w y. ~, t, ~: _ - s,, , }~ 125 Car Parking Deck ~F, `~ 5,~~ `~: , :~ ~ . ~ `~ . , ,, r• ,. 200 Seat Theater - - _; . ; Parking Area 101 Existing 11,800 Existing 104 Extg. overflow 7,200 Addition 134 Added 6,450 Theater 339 Total 25,450 Total fltY o/ Addition with Theater C ~--- e -rya., l J ~'a' ~ ~"~~~°~..°"~ ~~,,-~1 ~ ~ Ij 0. ~~1_ 2J ~ ly'~+~7 ." ~ `f %~'f' 5 f' xl :1 ~ ,i l 7 ~ ~' t~L ~ ~ '~ ~r _ BaMroc[~ ~Ca: ~g.fo`r SUS _ ` • _ - _ Y ,s r. r • ~ ~~3 r ~,~ i.l. i t~ ~+ c.~ ~ r ~.. ~ ~,~ ~~,• r - , . r SCR J l1~ :` ~ l t v A ~l~l 4,j ' 7 f ~. ~ i ~E R J k ~ V ~~. 4 .' _ r _ f (~. i tr ~~ ~ t `~~ ., { } ~'1 i _ . ~ ~ Toilets ~__~; ~ " _ Mechanical ,~ ~~~~ Ballroom Storage ~~ ` ~~~' ~` fi ; " Theater . . Circulation ~_ Meeting T _~' Kitchen Toilets ~ ~ Mechanical ~_ Ballroom ~~ Storage ~~ ~~~~; Theater ~--~~ Circulation Meeting Kitchen Option .Area $ per Hard- Fees Contin- Total Estimate S.F. costs gency Interior 11,800 $75 $900,000 $135,000 $45,000 $1,080,000 Improvements Expanded 18,000 $425* $7,650,000 $765,000 $382,500 $8,797,500 Venue Reduced 6,500 $475* $3,087,500 $310,000 $155,000 $3,552,500 Venue Addition Only 7,200 $350* $2,520,000 $252,000 $126,000 $2,898,000 (Interior improvement $ will need to be added) Addition with 13,700 $506* $6,934,000 $694,000 $350,000 $7,978,000 Theater One Level 125 $15k/ $1,875,000 $187,500 $93,750 $2,156,250 Parking Deck Cars car * Includes site work-costs c,~r of Conceptual Estimates C~-- e ,..~- Expanded Venue Theater w/ Parking Totals Operating Expenses' $ 494,458 $ 303,860 $ 797,318 Operating $ 325,000 $ 87,500 $ 412,500 Revenues Operating Subsidy $ 168,458 $ 216,360 $ 384,818 g Subsidies The Colleyville Center: A Broad Market Assessment of Expansion Opportunities Prepared for: The Colleyville Center Advisory Committee Prepared by: Weinstein, Clower and Associates Dallas, Texas July 2008 Introduction The following report presents the findings of our research regarding market opportunities for the Colleyville Center. This analysis examines broad market conditions and suggests opportunities for expanding the existing facilities and mission of the Colleyville Center. While this report is based on information gathered from persons with specific relevant knowledge, the findings and conclusions reflect the views of the report authors. In preparing this report, we conducted a series of key informant interviews with persons possessing specific knowledge about the uses and market opportunities for civic centers, convention venues, performing arts theaters, and mixed-use facilities. In all, we conducted 12 interviews either in-person or via telephone. Importantly, many of the views expressed in our interviews exhibited a high level of congruence. Participants included current Colleyville Center users, city officials, the business community, area education agencies, persons active in the local/regional arts community, and directors board members for similar planned and existing venues. The findings also draw on the authors' knowledge and experience in assessing market prospects for other meeting facilities. The Existing Facility The Colleyville Center is celebrating its 10th anniversary this year. Originally conceived as a meeting place for local non-profit groups, the 12,000 square foot facility has blossomed into a highly demanded venue that also hosts city, business, and private functions. Attractive and distinctive in design, and with a water feature dominated 1 landscape, the Colleyville Center is a popular backdrop for wedding photography and a desirable venue for receptions and parties. For the 12-month period ending in April 2008, the Colleyville Center hosted more than 600 individual events. Importantly, the majority of these events were sponsored by businesses, groups, and individuals from outside the Colleyville community. As shown in Figure 1, the second largest users of Center facilities were local non-profit groups followed by meetings and functions hosted by city government. Local business and local social functions each represented about 6.4 percent of the total number of events hosted at the Center. Given the number of events booked by non-Colleyville based users, the Center is certainly having an impact on the local economy by bringing new spending to city businesses. Moreover, the revenues generated through non-local events helps to offset the publicly borne costs of operating and maintaining the existing venue. However, several of the original users of the Colleyville Center have "outgrown" the existing facility and now have to hold their functions outside of the city. The current facility cannot host banquet events seating more than about 350 persons. While the Center does attract some music and theatrical events, the design of the stage and the acoustics of the main hall are far from optimal. As will be discussed below, addressing these weaknesses would allow the Colleyville Center to recapture some lost business, increase its ability to attract non-local events, and further enhance the quality and availability of the Center for Colleyville residents, businesses, and community organizations. 2 Figure 1 Colleyville Center Events by Type of User May 1, 2007 through April 30, 2008 Non-Local Business & Soci 42% t~;h, Local Business 6% Local 6% Source: Colleyville Center Staff ~.,.,~..:on-Profit 33% In addressing the broad market opportunities identified in our analysis, we have separated our discussion into two primary market segments -meetings and performing arts. Each of these is further divided into subcategories addressing several market niche opportunities. To be clear, whether the City of Colleyville were to renovate the existing space, undertake a small expansion, major expansion, or create a new complex of meeting and arts facilities, the Center will remain amixed-use venue appealing to the broadest appropriate market of potential users. 3 Meeting Facility For purposes of this analysis, we identify three sub-categories in the meeting facility market. The first is convention business, which we define as typically larger meetings ranging from 200 to several thousand attendees with most being visitors from outside the DFW region. The second is local business meetings that are smaller and attract regional and local attendees. This could also include some statewide gatherings. The third group, and an important component of the existing customer base, consists of local and/or regional non-profit organizations. Convention Business Withholding any pretence of suspense, this market segment offers no realistic opportunities for the Colleyville Center now or in the foreseeable future. First of all, Colleyville does not possess a hotel to house non-local conventioneers. While the Grapevine hotels are close by, we see little likelihood that any convention planner would want to force attendees to shuttle back and forth from the conference venue to lodging. In addition, Colleyville sits next to the 800-pound gorilla of the mid-cities' convention business. The City of Grapevine currently has more than 5,000 hotels rooms, a 23,500 square-foot city-owned convention center, and over 605,000 square feet of meeting space at city hotels. Current city regulations in Grapevine require any new hotel to offer at least 10,000 square feet of meeting space before a building permit is issued. Keeping the huge inventory of rooms and meeting space occupied is the primary responsibility of the Grapevine Convention and Visitors Bureau. For the current budget year, the Grapevine CVB has an operating budget exceeding $15.6 million with more than 64 full-time- 4 equivalent staff. These marketing resources do not include expenditures and staff at the hotels, which are considerable. The overall market for large convention space in the DFW region is potentially overbuilt for current demand. In addition, the Gaylord Texan has announced a significant expansion of its existing facilities in Grapevine, the City of Dallas has authorized more than $100 million in land and tax incentives to build a downtown convention hotel, Arlington is looking to expand its convention business by riding the coattails of the new Cowboys Stadium, and convention center expansion programs are underway in several other Metroplex cities. If the City of Colleyville wishes to expand its opportunities for mid-sized and larger conventions, it will have to attract multiple full service hotels. This will likely require substantial public incentives and investment in the hotel properties. Given existing land uses surrounding the Colleyville Center, the location of supporting hotels could prove challenging. Regional and Local Business Meetings Based on the responses we received from business professionals and managers at existing facilities in the DFW region, there is sufficient demand for business meeting space to support expansion of the Colleyville Center. The measure that was consistently offered by our key informants was flexible space that can accommodate a least 500 people in a banquet configuration. A small number of respondents made clear that the banquet space would still need to have a stage area not included in the 500 seating capacity. Some local business functions would still have to go to other facilities for their 5 largest events, but several existing recurring events could be effectively "recaptured" with an expanded center. Operations directors at other facilities opined that in absence of a fairly broad range of restaurants in immediate proximity to the facility, expansion plans should include the addition of full kitchen facilities. In a recent survey of Colleyville residents, the lack of full service restaurants in the city was noted as a local challenge. Therefore, strong consideration should be given to expanding existing kitchen facilities at the Colleyville Center. However, site constraints may mean having to choose between a kitchen and other revenue generating space. In addition to space considerations, several comments were received about the need to substantially improve audio-visual technologies available at the Colleyville Center. To effectively compete for business meeting bookings, maintenance and upgrades for AV equipment needs to be a recurring budget item supported with sufficient funding to stay current with presentation technologies. While one survey respondent expressed skepticism at the Center's ability to attract additional non-local events, the great majority of our business-oriented informants see great opportunity. The effective market area was described as a 10-plus mile radius and/or covering 17 to 18 area towns. We feel that drawing business meetings from groups across the entire mid-cities region on a recurring basis may be a bit of a stretch. However, there appear to be strong market opportunities to support expanding the existing facility with both local and non-local events. Importantly, as noted in the introduction, the current facility does attract business activity. An expanded facility would bring additional non-local events enhancing opportunities to bring new spending 6 to the City of Colleyville. As stated by one center manager, these facilities can help brand a city. Expanding the Colleyville Center would enhance market awareness of Colleyville as a place to conduct business. It is important that any expanded center be specifically included in local economic development strategies. It is also important to plan how the Colleyville Center will interact with other projects, such as the transit-oriented development at the proposed station on Highway 26 and John McCain Boulevard, as well as the overlay district located at Glade and Highway 26. One interesting observation is that the Center should look to collaborate and jointly market with the local cinema once it reopens. Reopening the theater will expand local options for meetings of various sizes. We agree that public-private cooperation will have a synergistic effect on business meeting marketing opportunities for both facilities. Meetings of Non-Profit Groups Local and non-local non-profit groups remain an important focus of Colleyville Center marketing strategies. First and foremost, the Center is a community resource. Representatives of these groups included in our interviews tell us that expanding the Center to accommodate 500 persons in a banquet configuration would attract additional events. Affordable space of this size is not readily available in the mid-cities market; therefore it is anticipated there would be new opportunities to attract non-local events - even at rental rates above what is charged to local charitable organizations. Noting that the Center currently attracts church services, expanding the main hall meeting capacity would allow growing congregations to continue utilizing the Center. 7 There will remain some local non-profit events that are too large for the Colleyville Center, even with the expansion suggested above. For example, the Women's Club fashion show has drawn as many as 1,000 attendees. Still, there is reportedly support, even enthusiasm, for expanding the Colleyville Center among local and non-local non-profit groups. It should be noted that our interviews did not ask respondents to consider how expanding the current facility would impact existing rental rates. Non-profit users also noted that existing AN equipment does not address current needs and that "better flooring" should be included in any renovation or expansion plans. One observer commented that a redesigned Center should have dividable space creating multiple smaller spaces to accommodate children's events. Others would like to have the facility designed in a way that meetings could be held at the same time as weddings. There were also several comments regarding the availability of storage space that could be rented by some recurring users. Though not strictly a space issue, some non-profit users would like to have Center staff coordinate catering services for their functions. Weddings The Colleyville Center is a very popular place to hold weddings, receptions, and related events. Some participants in this research project feel that the number of wedding bookings should be limited to keep space available for other uses on Friday evenings and weekends. While we can appreciate concerns about private events pushing out groups for whom the center was originally meant to serve, these events offer a reliable stream of revenue that would not easily be replaced. As noted above, an expanded facility might 8 better accommodate simultaneous events, especially when one of those events is a wedding or wedding reception. Concerns have also been expressed about the potential impact of the new Piazza at the Village-a private, upscale wedding and meeting venue-on Center bookings. One participant suggests waiting to see how the Piazza performs in the market prior to deciding on any expansion or renovation of the Colleyville Center. In our view the Piazza at the Village offers little threat to activity levels at the Colleyville Center. First, the Piazza is not yet functioning and has recently pushed back its projected grand opening. Second, rental rates at venues similar to Piazza are typically well above the price point to most Colleyville Center users. There will likely be opportunities for Piazza and Center staff to work together to augment overall activity levels through mutual referrals. Third, the Colleyville Center is still one of the most attractive, affordable wedding venues in the local market. Finally, the Center currently turns away wedding bookings because the facility is fully utilized during popular wedding times. Even if the Piazza takes some business away from the Center, there are others waiting to book the city's facility. Performing Arts Center Even though at least one participant in our research observed that fine arts centers are not a big selling point for a community, and not very popular with voters, many city leaders in the Metroplex that have apparently decided to ignore voter sentiment on this issue. Many of the DFW area's suburbs offer some type of performing arts venue. The 9 Eismann Center in Richardson, and the performing arts venues in Addison and Garland, are impressive examples of municipally owned theaters. Other area venues include the Irving Theater, Lyric Stage, Flower Mound Performing Arts Theater, Theater Arlington, Dreamworld Music Complex in Arlington, and the Vernon Solomon Performing Arts Center owned by the Northwest Independent School District among others. And, this does not include venues in Dallas and Fort Worth such Casa Manana, Hip Pocket Theater, Bass Hall, Fair Park Music Hall, and the new arts complex in downtown Dallas. With so many venues already in place, one has to question the need for another performing arts space. Management at the Addison Theater Center report they regularly draw patrons from a 15-mile radius and are currently planning a new 500-seat, $15 million theater. However, our interviews with people knowledgeable about the performing arts community in North Texas, as well as managers of two successful performing arts venues, indicate there is sufficient demand to justify adding a purpose- built performing arts component to the Colleyville Center. The demand for performing arts venues can be attributed primarily to regional population growth. There are more arts patrons moving to the mid-cities, and this is especially true for communities like Colleyville who are attracting families with substantial purchasing power. Even with rising commodity prices, these households have enough disposable income to consume a wide range of entertainment, including theater and music performances. Our interviewees also cited a lack of facilities for non-resident theater groups. Among those listed earlier, Addison, Flower Mound, Lyric Stage and others have 10 resident theater companies; therefore, these venues are not readily available for community arts groups. However, it is not enough to say that there is potential demand for additional performing arts space. Consideration must also be given to the type of venue traditional stage, theater-in-the-round, or outdoor amphitheater. Simply put, while many people enjoy outdoor theater and music performances, there are two main problems with this type of venue as an add-on to the existing Colleyville Center. First, there is simply not enough land at the Colleyville Center site for awell-designed, efficiently sized outdoor performance venue. One participant in our survey felt that outdoor performances could be more effectively held in the public grounds area in front of the city's library. The success of the Blue Shoe Concert at the Village Center illustrates this point. Secondly, north Texas weather is unreliable for about two-thirds of the year. The remaining third of the year offers glorious weather conditions -on average-but the level of foregone revenue is too high to have a "part- time" venue. Theater-in-the-round can be a successful design for performing arts venues. The Addison Theater Center uses this configuration. However, in-the-round designs limit alternative uses. It is not readily conducive to many music performances and is not appropriate for most non-arts uses such as hosting business meetings. We have observed that being able to rent theater venues to business daytime users is an important contributor to facility utilization rates and operating revenues. Traditional theater designs offer flexibility in use and appeal to the broadest segment of the performing arts community. We agree with several of our key informants 11 that there is likely sufficient local and regional demand for theater space, supplemented with daytime business use, to justify serious consideration of adding this type of space to the Colleyville Center. In keeping with other area venues, we suggest the city consider a theater component to the expansion that would accommodate 150 to 200 persons. However, several space requirements must be included in the design to ensure the facility can successfully attract quality performances with the highest potential for revenue generation. In addition to the main theater space, the facility should include a green room,' restrooms for performers, shower facilities, dressing rooms, a storage area, and perhaps a rehearsal space. Some of these functional areas could be combined in the venue's design. The facility should be acoustically designed for both live theater and music events. Combined with high quality, current technology audio, visual, and lighting systems, this facility would enjoy a substantial competitive advantage over many of the existing venues within Colleyville's effective market area. There were some study participants who expressed concern about the potential competition of an announced performing arts development in the City of Southlake. Even though the Apex Arts Council has conceptual drawings of a performing arts complex, complemented by retail and restaurant development, there are no set plans or schedule for actual construction of this proposed facility. While at least one informant strongly believes there is sufficient demand for venues in both Southlake and Colleyville, the first to market will undoubtedly have an advantage. ' A green room is a space where performers and speakers can wait while they are not on-stage. It is often used as an area where makeup and costumes can be refreshed or adjusted without having to return to the wardrobe/dressing room area. 12 Adding a performing arts component to a redesigned Colleyville Center will pose several challenges. First, operating staff would need to have relevant marketing expertise for performing arts venues. Second, the Center advisory board would want to identify key local persons to help attract major performing groups. For example, one area community arts council includes among its members an individual who sits on the board of a large symphony orchestra. That orchestra, on occasion, performs outreach concerts in this community even though they do not have an effective performance venue. Third, some of our key informants expressed concerns that obtaining taxpayer support for expanding the Colleyville Center to include a performing arts venue will require a substantial public relations effort. Finally, delays in the expansion of Highway 26 will continue to have a negative impact on traffic flow in the area and could be a detriment to the facility's ability to attract non-local arts patrons. These concerns are valid, but not insurmountable. Our broad market assessment concludes that a well-designed performing arts addition can be supported by existing demand for such space. One other consideration was offered to us during this research effort. A vision for the future of Colleyville could include a publicly supported, multi-venue arts complex. This vision calls for the Colleyville Center to be one component of a destination quality community resource featuring a performing arts venue, art galleries and museums, restaurants, hotels, and outdoor meeting spacea true community showplace tied to the city's strategic economic and community development goals. However, this vision was met with substantial skepticism by most participants in the study. This is not to say the outcome is undesirable, but strong doubts were expressed about the willingness of city leaders and taxpayers to fund an aggressive program of arts/entertainment development. 13 Summary of Findings The Colleyville Center is a well-run, successful community meeting venue that serves a wide range of local and non-local users. The Center could undertake modest renovations that would substantially improve the quality of the existing facility offerings. Specifically noted in our research efforts were the need for new flooring, better acoustics, and substantially upgraded audio-visual technologies. However, our research suggests there is substantial unmet demand that could be served by an expanded venue. The key features of an expanded venue include: • Banquet seating for 500 persons, plus stage area. • Full kitchen facilities, unless there is a dramatic increase in the number of local full service restaurants. • A traditional performing arts theater seating 150 to 200 persons with related backstage facilities While further research is needed to offer specific estimates of potential new bookings and related revenue streams, the subject matter experts we interviewed are convinced there is sufficient market opportunity to justify additional public investment in this community amenity. Based on our knowledge of local venues, we share this view and recommend strong consideration be given to this market opportunity. 14 Preliminary Financial Assessment Proposed Expansion of the Colleyville Center Prepared for: The Colleyville Center Advisory Committee October 2008 Introduction The following summarizes the assumptions and findings of our analysis of prospective revenues and expenses associated with four scenarios for improving and expanding facilities at the Colleyville Center. Our analysis is prepared in conjunction with Komatsu Architecture and relies on data gathered from Komatsu, Colleyville Center staff, as well as information obtained from key informants during our earlier broad market assessment. The four scenarios modeled in this analysis include: refurbishment and enhancement of the existing facility; expansion of the existing facility by approximately 7,200 feet allowing banquet seating for 500, and related improvements; addition of a theater with a capacity of approximately 150 to 200 attendees; and the addition of elevated parking to accommodate simultaneous banquet-theater bookings. Construction costs and related debt service Table 1 shows construction cost estimates for the modeled scenarios, which were obtained from Komatsu Architecture. For this analysis, we modeled the debt service estimates for the 7,200 square foot addition adding in the interior improvement expenses. Other expansion scenarios can be modeled if required. These estimates include design fees and contingency expenses. This table also shows estimates of annual debt service assuming that the city chooses to issue general obligation bonds to finance proposed improvements and expansion of the Colleyville Center. Current financial market volatility makes it difficult to precisely estimate interest rates and other expenses associated with municipal finances. Therefore, these estimates should be considered preliminary. For purposes of this analysis we assume that 20- year bonds can be placed with an interest rate of 3.75 percent and that total bonding and placement fees will equal about 15 percent of the construction costs. Our assumptions do not include any development efforts resulting in private funding for a portion of the construction costs. Table l: Construction and Annual Debt Service Estimates Operating Expenses and Revenues. In examining operating expenses and revenues we have relied on past and current financial reporting for the Colleyville Center along with data obtained from centers in Addison and Garland. In addition, we have utilized information from studies previously completed by the authors as well as our judgment in estimating certain expenses and revenues. First of all, it is important to note that the Colleyville Center, like almost every similar facility with which we are aware, requires on-going operating subsidies. For the Colleyville Center these subsidies are funded through city general revenues. Many cities have alternative sources of funding for supporting meeting/theater centers such as hotel occupancy taxes, 4B sales taxes, and other private and public sources. Under each of the scenarios examined, operating subsidies would be increased, and this is on top of any 2 Data sources: Komatsu Architecture, authors' estimates. Assuming debt service for 20 years at 3.75 percent per annum. debt service used to fund expansions and/or additions to the Colleyville Center. These types of facilities are not meant to be sources of net revenues for a municipality. Rather, municipally-owned performance and meeting facilities are used to enhance local amenities, improve the recreational and entertainment options available to city residents, and attract visitors to the host community. Renovating the existing facility As noted above, renovating the existing Colleyville Center and update key audio- visual infrastructure is estimated to cost a little more than $1 million, with an annual debt service approaching $90,000 per year, if financed. We do not anticipate any meaningful increase in operating expenses associated with these revenues in excess of what would be expended to maintain and repair existing equipment. We also do not expect much net impact on revenues. Instead, we feel that the Colleyville Center may begin seeing real declines in operating revenues because of the limitations of existing equipment and the "aging" of the facility if these improvements and renovations are not undertaken within the next couple of years. Therefore, we see this scenario as basically revenue neutral with some capacity for increasing rent levels and facility demand if the proposed renovations are done, but with expenses rising due to debt service. If demand increases sufficiently due to enhancing the features of the existing facility, there may be need to add staff to the Center payroll. However, this expense would be offset somewhat by increased revenues with an estimated rise in city-supported operating subsidies of less than 10 percent. 3 Expand the existing facility by 7,200 square ft This expansion would increase single event banquet seating capacity to 500 and enhance kitchen facilities, bathrooms, and certain improvements to other meeting spaces. Current year operating expenses for the existing facility are $343,000 based on data provided by Colleyville Center staff. Using cost ratios for the Colleyville Center, other area facilities, and our own experience, we estimate that the additional space will add almost $155,000 to annual operating costs expressed in current year dollars. This includes adding about 1.0 full-time-equivalent (FTE) support staff. Total annual expenses would be about $498,000 per year. The findings of this portion of our analysis are summarized in Table 2. Current operating revenues for the Colleyville Center are estimated to be $258,000 per year. With the additional capacity and upgrading of key features, we expect that the Center will be able to increase annual operating revenues by about $100,000 within 2 years of completion of the expansion for total annual revenues of $360,000. This revenue estimate is still substantially smaller than other venues that are located closer major employment centers. In total, annual operating subsidies by the City of Colleyville would rise to almost $138,000 per year. Including the $329,208 we expect for annual construction cost debt service, ongoing subsidies for the Center will rise to $467,134 per year. It is important to remember that our revenue estimates, and thus estimated requirements for operating subsidies, assumes existing levels of area business activity and that no other sources of funding are available. If Colleyville engages in a successful economic development strategy, it is possible than rental revenues for the Colleyville Center could rise 4 substantially in future years, perhaps increasing to as much as $500,000 per year expressed in constant 2008 dollars. Performing arts theater This scenario assumes that in addition to the facility expansions described in Scenario 2, a performing arts theater is also added to the Colleyville Center complex. Allowing for simultaneous theater and large banquet events, the theater will be housed in an adjacent building. Operating expenses for performing arts theaters are typically much higher than meeting facilities, though these spaces are increasingly used as meeting venues during the business day. Since it will be a separate building, additional staff will be required, not including the need to hire a staff member with expertise in marketing for and booking theatrical events. The preliminary plans offered by Komatsu Architecture calls for a theater with seating for 150 to 200 people. For our analysis, we assume the facility will host a maximum of 175 attendees to a theater event and have scaled our cost and revenue estimates accordingly. Based on experiences at other local venues, and assuming conventional utility cost profiles, we expect that operating expenses for the theater will be a little more than $300,000 per year (see Table 2). Revenue profiles for performing arts venues are not financially impressive. Many of the potential renters of these facilities will be community performing arts groups that simply do not have the market strength to charge enough for tickets to be able to pay "expense covering" rental rates. However, we do think that the Colleyville Center can outperform some area venues with a properly equipped, though not extravagantly 5 appointed, facility. Our estimates suggest that once up and operating, a performing arts theater at the Colleyville Center should be able to generate $87,500 in annual revenues. Once market demand for the expanded meeting facility has reached a new plateau, renting the theater for business meetings could easily push annual operating revenues above $100,000 per year. However, we stick with the lower figure to enhance the conservative nature of our estimates. On-going operating subsidies for a theater at the Colleyville Center will be $216,360 per year. Adding in debt service for the performing arts venue and a parking structure adds an additional $838,137 to total annual expenses. Again, this assumes that all costs are paid for by the city. It is not unusual for a performing arts venue to obtain private donations for construction costs. In addition, donations for operating subsidies, corporate sponsorships, or grants supporting community-based performing arts can substantially reduce operating and debt service costs to a host municipality. Total Operating and Debt Service Costs Total operating expenses if the city chooses to expand the current facility and add a performing arts venue will total an estimated $797,318 per year, in constant 2008 dollars. These expenses are offset by $412,500 in operating revenues for facility rental and related services resulting in estimated total annual operating subsidies of $384,818, which are currently funded through general revenues. Total debt service based on our previously stated financing assumptions would be about $1.2 million per year. When added together, completing both components of the proposed expansion and addition to the Colleyville Center will require a $1.6 million per year investment from the city. 6 Table 2: Total Annual OperatinE and Debt Service Subsidies* ' ~ ~ i O eratin Ex enses $ 493,458 $ 303,860 $ 797,318 O eratin Revenues $ 325,000 $ 87,500 $ 412,500 O eratin Subsid $ 168,458 $ 216,360 $ 384,818 Debt Service on Construction $ 374,398 $ 838,137 $ 1,212,535 Total Ci Ex enses $ 542,856 $ 1,054,497 $ 1,597,353 Source: Authors' estimates. * Assumes city bears all costs of construction and operating subsidies. ** Includes current expenses and revenues AGENDA COLLEYVILLE CENTER ADVISORY COMMITTEE MEETING FISCAL YEAR 2008 -FOURTH QUARTER MEETING MONDAY, NOVEMBER 17, 2008 5:30 P.M. For the meeting conducted at the Colleyville Center 5301 Riverwalk Drive I. Calf to Order II. Review and Approval of August 18, 2008 and September 11, 2008 Advisory Committee Minutes III. Review and Discussion of Colleyville Center FY 2008 Report - 4th Quarter IV. Presentation of study by Dr. Terry Clower, Weinstein, Clower and Associates: Colleyville Center Economic and Policy Analysis on Assessment of Feasibility of Expansion and/or Renovation V. Discussion of Analysis and Development of Recommendation for City Council VI. Adjourn COLLEYVILLE CENTER ADVISORY COMMITTEE FY 2008 THIRD QUARTER MEETING AUGUST 18, 2008 MINUTES Present: Chair Mark Johnson, Vice Chair Louis Miller, Molly Skinner, Suzanne Harrington, Evelyn Englert, Pat Jones, Tom Westerman, Paul Vigiletti, Muriel Havran, Connie Nichols, Deena Dendy, Karen Birks, John Gray and guest Ed Havran Assistant City Manager Kelly Cooper, Christine Loven, Center Manager Lin Przybyl, Center Coordinator Marilyn Gilbert Absent: Dorie Cranshaw 1. Chair Mark Johnson called the meeting to order at 5:35 p.m. 2. Minutes for the May 19, 2008 Advisory Committee meeting were approved as written. 3. The Advisory Committee reviewed and discussed the Colleyville Center FY2008 -Third Quarter Report. 4. Staff reported that they have completed an annual review of fees and services and proposed an adjustment be made to the current fee schedule for non-local entire building rentals. Staff proposed that the Committee streamline all entire building fees by packaging the tables/chairs setup fee with the rental fees. Staff also recommended a 20% increase in rental fee for the non-local category only. All other entire building rental categories will have an increase based on the table/chair set-up fee included in the rental fee without a percentage increase. The Advisory Committee unanimously approved the rate packaging and non-local increase in fees. 5. The meeting was adjourned at 6:40 p.m. COLLEYVILLE CENTER ADVISORY COMMITTEE SPECIAL MEETING SEPTEMBER 11, 2008 MINUTES Present: Chair Mark Johnson, Vice Chair Louis Miller, Molly Skinner, Suzanne Harrington, Pat Jones, Tom Westerman, Paul Vigiletti, Muriel Havran, Dorie Cranshaw, John Gray Guests: Dr. Terry Glower, Les Edmunds, Amy Sibley, Ed Havran City Councilman Carol Wollin, Assistant City Manager Mike Johnston, Center Manager Lin Przybyl, Center Coordinator Marilyn Gilbert Absent: Deena Dendy, Evelyn Englert, Karen Birkes, Connie Nichols 1. Chair Mark Johnson called the meeting to order at 5:35 p.m. 2. Dr. Terry Clower, Weinstein, Clower & Associates, provided the committee with a summary of his findings in the Colleyville Center's broad market assessment of expansion opportunities. 3. Les Edmunds and Amy Sibley, representatives of Komatsu Architecture, presented a preliminary site analysis of expansion or renovation opportunities as a result of Dr. Glower's market assessment. 4. Following a discussion with the committee the Komatsu representatives agreed to make further revisions to their proposal of space allocation and site feasibility and resubmit. 5. The meeting was adjourned at 7:25 p.m. MEMORANDUM TO: Mike Johnston, Assistant City Manager FROM: Lin Przybyl, Center Manager DATE: November 4, 2007 SUBJECT: Colleyville Center Report - 4th Quarter FY 2008 Background The purpose of this report is to provide a revenue and event summary for the 4th quarter of FY 2008. Issues The following issues are being considered in marketing and evaluating the Center services for the 4th Quarter of FY 2008: 1. Meetings 2. Rentals 3. Marketing ' 4. Customer Service 5. Revenues and Expenditures These considerations are discussed below: Meetings During this quarter of operation, the monthly events range from 37 in September to 64 in August, for a total of 151. Local non-profit clients accounted for 31% of all usage during the 4th quarter. City bookings represented 9% of all usage; non- local category represented 46% of all usage; local social category represented 3% of all usage and local business was 6% of all usage. 4 Rentals During this quarter, the Center provided accommodations for fifteen weddings and receptions. This was a decrease compared to the same quarter last year, however, a significant increase in the number of social events including retirement celebrations, Quincereras, Sweet Sixteen's, and 50th anniversaries were booked at the Center. Several multi-day business seminars and training sessions were also hosted at the Center this quarter. The Center continues to attract a variety of clients and events both within the City and surrounding metroplex communities. Marketing According to the Customer Satisfaction surveys received, the number one marketing effort for the Center continues to be "word of mouth" or "attended other events". During this quarter, the majority of rentals were either referrals from individuals, attendees of previous events or internet search engines. Other information sources for the Center included referrals from other civic and convention centers, catering referrals, brida{ advertisements, internet sites and internet searches. Continued Internet advertising with theknot.com along with its expanded presence with theweddinpchannel.com has proved to be beneficial in providing significant inquiries and rentals adding to the visibility of the Center for wedding related events. Free listings on weddinpwire.com and marthastewart.com have provided the Center with reviews and blogs from former customers. Attached you will find a copy of feedback provided by former clients who have reviewed the Center online. KERA Public Television sponsors artandseek.orp. Public events can be posted on the site by both venue and production company. EVENTECTIVE, is another meeting planning organization who matches planner with venue by RFP submittals. EVENTECTIVE has generated some non-local interest in the Center and provided Center staff with the ability to bid on events that match our resources. Advertising efforts for this quarter include the Summer 2008 issue of DFW Bride and Groom Magazine. Included with the ad was a 200-word pictorial and website ad. The Center's continued affiliation with a locally based meeting planner's guide and website, DFW Party and Event Planner's Sourcebook 2008, provides added visibility with meeting planners. Business Meetings and More featured a logo listing including awrite-up in their bi-annual issue distributed in June. This magazine distributes 15,000 copies throughout the metroplex to corporate meeting planners, executive assistants, human resource professionals and office managers. Advertising in The Colleyville Area Chamber Newsletter and City utility billing insert provide household coverage for all residents in Colleyville and also lists public events held at the Center. Staff continues to work with the Marketing Subcommittee to evaluate innovative marketing strategies for the Center. Customer Service During this quarter, staff received thirty-one (31) Customer Satisfaction Surveys. Of the thirty-one (31) surveys, all rated the appearance of the facility as "excellent" or "good". Although the majority of the responses for all categories were excellent, the overall results are as follows: 1. How would you evaluate the appearance of the Center? 30- Excellent 1 -Good 2. Were the meeting areas, kitchen and restrooms clean? 29- Excellent 2 -Good 3. How would you evaluate the service received from the staff? 28 -Excellent 4 -Good 4. How would you evaluate the table and room set-up? 26 -Excellent 4 -Good 1 -Fair 5. Was the parking adequate? 23 -Excellent 3 -Good 3 -Satisfactory 2 -Unsatisfactory 6. Were the kitchen amenities adequate in meeting your needs? 22 -Excellent 2 -Good 7 -Not Applicable 7. How would you rate your overall experience? 28 -Excellent 2 -Good 1 -Satisfactory Of the 31 surveys returned, 13 of those respondents provided written comments. All respondents would plan another group event at the Colleyville Center. A sampling of comments received follows: "We enjoyed your facilities the other night when we had one of our medical sfaff meetings. Everything was so easy and smooth." 6 "Thank you for making this a memorable momenf that was easy fo plan with the help of your staff. " "Excellent facilities and staff -Thank you!" "You guys are always hospitable, kind and helpful....we always have everything we need. "" The comments received from customers continue to assist staff in enhancing service levels at the Center. Revenues and Expenditures According to the September Monthly Financial Report, the revenue projection for FY 2008 - 4th Quarter is $53,500. During this quarter, revenues were 18 percent above projections. Actual revenue from 151 rentals was $59,264. including catering and administrative fees of $21,190. Staff has prepared the Expense and Revenue Summary for the period of July 2008 through September 2008. As per the attached summary, expenditures for this quarter were $105,700 or 10% less than the same quarter of FY 2007. During 2007 several small capital repair and replacement projects were completed in the 4th quarter. Attached is a quarterly summary of revenue and expenditures comparing FY 2007 to FY 2008 based on actual City Financial Reports. Bookings for the 4th quarter of FY 2008 were 151 compared to 138 for the same quarter of FY 2007. FY 2008 Summary The Center earned an overall 96% "Excellence" rating for Customer Service and Satisfaction for FY 2008. Of 168 clients returning the Customer Satisfaction Survey during this fiscal year, 96% of all respondents rated their overall experience as "Excellent' with the remaining 4% listing their overall experience as "Good". During FY 2008, the Center hosted 627 bookings, a 5% increase over FY 2007. Annual revenues of $258,152 reflect a 16% increase over FY 2007 revenues. Actual expenditures for the Center reflect a decrease compared to FY 2007 and remain 4% below projected expenditures and allocations for FY 2008. Total annual revenues for FY 2008 offset 75% of the Center's annual operating budget. Staff continues to market the Center with an emphasis on business and banquet trade. Staff continues to consult with the Advisory Marketing Subcommittee to plan and implement innovative marketing strategies and to assist with planning of the Center's 10th Anniversary celebrations. The continued goal of Center staff is to provide excellent customer service, to enhance the marketing program, to meet and exceed revenue projections and operate the department within budget allocations. If you have any questions or need additional information, please contact me. Attachments: ^ Wedding Wire Online Review Blog July 2007 -September 2008 ^ Center Quarterly Revenue and Booking by Client Category ^ Center Quarterly Revenue and Expenditure Comparison FY 2007 - 2008 Center Annual Expense and Revenue Summary FY 2008 6 Total Review(s) Sort By: Wedding Date: Newest ~~ ~ ~q QualitY of Service: -:: ... _ ;S,C(S.O) Revie•.veU On: V Responsiveness: (5.0!5.0) SeD 7, 2008 at 3.20 AM cct of S.U _ Professionalism: _ _ (S. G!SA) Sere rn~ User. ~. f-y Value For Cost: .. ~' (5.0!`.0) Ceremony & Reception Flexibility: .< (5. G/5.0} venue r<pL; ffy ~ First of all, the Colleyville Center is a BEAUTIFUL venue. Right when you see the building, the wedding: oa/oe/zoos parking lot, everything, it's just a beautiful site. The main room has huge windows, the hallways Reviews: s are big, and they've got two rooms you can use for anything else. We got a discount since my husband lived in Colleyville, but even without it, the price was good. The people who work there really knew every aspect of [he building and how to accommodate everyone comfortably. We had 250 guests, and they were still able to fit it so we had a HUGE dance floor! Then we had some issues with the caterer (who was separate), and they helped us to work around it. There were certain things the caterer did that she wasn't supposed to, but we were not penalized for it and we got our deposit back. Tl1e only drawback would be that we had to be out of the site by midnight; other than that they were very accommodting and professional. Definitely a great place to have aparty/event! ~`~ Quality of Service: ~_:._ ,, (5. G/5.0) F.eviewsd On: Jul 29, 2008 at 6:15 PM Responsiveness: .. .:: (S. G/S.U) <;nl 01 i ,) _ Professionalism::, ., .;(S.U/5.0) SerJCesUse;: .M Value For Cosh ~ • (5. C/S.U) Ceremony & Reception Flexibility:~ ~. (5. C{SA) Venue jirrlr:?y Excellent service. We were very pleased. Wedding: 09/21/2007 Reviews: 3 `® Quality of Service:. _ _ -. ~: (i.C(5.0) Reviewed On: Oct 24, 2007 at 2:27 PM Responsiveness. •~ ,:::::: :, ~r (5.0/S.0) out of 5:~ Professionalism: _.- (5.Cr5.Oj Services Used: i~ Value For Cost: . , '(5.0(5.0) Ceremony & Reception Venue Flexibility: - 5.0/5.0) Alexa:?dra ~ It's a naturally beautiful space with big beautiful windows. It has a stage which is a nice place wedding: oe/oa/2007 for the D.l. [o set up. You may want to budget in chair covers to complete the look. If alcohol is Reviews: s served at the reception a Colleyville police officer has to be contacted in advance and a fee will be charged to have the officer on site. Reviewed On: 3 ~ ~ Quality of Service:..:~ ;:`;:::. - (. U/5.~) Apr 22, 2008 at 2:35 PM nut .,r :,.o Responsiveness: _, (4.D/i0) ., ,yr.~ Professionalism: {3.U/5.0) Services Used: . V-~ _~ Value For Cost: ,_:; (5.0/5.0) Ceremony & Reception _ Flexibility: ~; -.:: (3. U/5.0) Venue akai?F,wSC; yti ~ ~ The atIT105phere Of the CGIIeyVllle Center Was jUSt beaUtlfUl for an OUtd00r Ceremony With the Wedding: of/n/2oo7 water fountains on either side and gorgeous landscaping. I appreciate the facility managers Reviews: 6 giving feedback on different decorative ideas and i appreciate their patience and kindness with brides. ]recommend this site for a small to medium outdoor ceremony and exceptional reception. The staff was not only friendly but I?elpful as well. ~r q Quality of Service: -,.- ;4.0/S.G? Reviewed On: - S. Responsiveness:.., _ _ ,. i5.0/5.0; Gec 14, 2007 at 2:18 PM nur of 5.G Professionalism: t::'_:..: ,. , r' (S.C/S.G) Services Used: Value For Cost: ~;, _.... , (4.C/S.G) Event Rentals Flexibility:,„°~;y (2.5/S.C) The Colleyville Center is beautiful! My only complaint is that they were very strict on their rules. ~ t' ii S[ephat?ie Wedding: 06)22/2007 Reviews: A i# Quality of Service::... _.. (3. S/5.0} Reviewed On: •1r / lul 27, 2007 at 2:59 PM - uut or 5.0 Responsiveness: , , ,, (4.0 5.0) ,, .. Professionalism: ~. ,_ (3.5/5.G) Services used: ._ j",.__'~:' Value For Cost: .. .. (3.0/5.0) Ceremony & Reception Flexibilityr_~ .. (3.0/S.C) Venue Kristin Very nice venue, and a good price. Venue is completely do it yourself, which is what we needed. Wedding: 10/07/2006 My only complaint is they *DO* pickle and dime you for EVERYTHING! and are very picky. we Reviews: s had a few rose petals left over at the end after our cleanup, and were docked on our deposit. Back to Celieyvale Center Rhout VJeddingWire: A.' c ~ 15 i ~; c. 5 he`fer A h end ~, ..^n•,r,~:: F) -: Comintinilly FA(, . Ficii: Fred:n K '. Laos Connect 4vsth Us: Auveal',et ~&enefit, Center !Cart' rs i Vendn ;;irectory ; BridalBuds ( Weddingnces ' +`ied~'nyWire 31og Legal: "crna of Usr Privacy Policy Cor"munay Guidehnes ; Vnw of Conduci Vendor Search: 'vVeddirg Cain G:reniony & Receptor Venues !Wedding C~~ Wirers ', VJedJu'q FhotcKjr:p~rers `Y:'edd,ny v;ue~3rapliers 4vMlding tnvitz lens , VJeddina Band ; } ~ ]ding .; i 11:ecding G~ esst s '. ^'eddinq . 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"7 '~ oa a° a° a z Q M d ~ D, ~ a ~ m O ~o° U U m CO - Fl'VI Lf= ~ Quarterly Expense and Revenue Comparison QUARTERLY REVENUE COMPARISON ^ FY-2008 ^ FY-2007 $90,000.00 _ ._ _ _ .__ _ -..-- -_._ _ .. _ _. __, $80,000.00 - ._-_.--- ______ _ . ___.:_-_--__--_ _~~._ $70,000.00 .. _: ___ _._ __.__... ` $60,000.00 -- _._._. _. ---___. _.:__._ --_ _._:.- _..: _ - - - { $50,000.00 --- _ -.:__, $30,000.00 - --- - - -- $20,000.00 -- - _ _. __ __ ___ ___ _J $10,000.00 _ _ _ _ --- _ -- $- i 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER QUARTERLY EXPENDITURE COMPARISON ^ FY-2008 ^ FY-2007 ~ _ __ _._. $120,000.00 _ ..._ __. ....__~ , $100,000.00 ---------- _ ... _._.; -_-- ...,_..~ _._..__._._._._~_ __1 i $80,000.00 _ __------ J- $60,000.00 ___ -_ _ _-___ ~' -~ ! $40,000.00 _ _- _____. ~: ~ i $20,000.00 _____.___ __~._._ $' 1ST QUARTER 2ND QUARTER 3RD QUARTER 4TH QUARTER CO EYVI f._1_L- Monthly Expense and Revenue Summary - FY 2008 Actual Reven ues And Expenditures Obtained From City Monthly Finance Report FY 200 8 Ex ense Revenuo Oct 519,440 . ;28368 Nov 525,881 ;17,803 Dec 328,288 ;18,038 Jan 538,371 ;18,328 Feb 526,433 ;20/171 Mar 324,208 521,480 Apr 533,3b2 ;33,7$8 May 528,281 ;20,442 Jun 528,265 523,187 Jui 536,333 524,350 Aug 530,873 572,47$ Sep 520,873 $22,438 Tota ;343,086 (26$,162 FY 2008 Budget $ 360,283 Actual FY 2008 Revenue Projectrons $ 214, 000 Actual Actual obtained lrom Monthy City Financial Report 45000 aoooo f~ Expense ^ Revenue 35000 30000 25000 h 20000 15000 10000 5000 :. ':~ ~ - 0 s ,., ": `: Oct Nov Dec Jan FeD Mar Apr May Jun Jul Aug Sep MEMORANDUM TO: Mike Johnston, Assistant City Manager FROM: Lin Przybyl, Colleyville Center Manager ~.~ DATE: November 6, 2008 ` SUBJECT: Feasibility Study Preliminary Assessment Komatsu Architecture and Weinstein, Glower and Associates have completed the preliminary components of Phase I of the Feasibility Study. Based on information gathered from the preliminary scoping assessment, broad market evaluation, and site concept development, a Preliminary Financial Assessment report was submitted by Dr. Terry Glower. Please review the attached report. Staff feels that the study has provided the necessary components to set forth a recommendation to the Center Advisory Committee for discussion. The study modeled four scenarios for consideration: 1. Refurbishment and enhancement of the existing facility 2. Expansion of existing facility by 7,200 square feet 3. Addition of afree-standing 200-seat theater 4. Addition of an elevated parking garage Based upon the fact that scenarios 3 and 4 require ongoing funding exceeding $1,000,000 annually, staff feels that the viability of these scenarios are improbable for the city at this time. Given the current economic climate, scenario 2 may not be feasible for the short term but does provide along-range plan which Council may wish to explore or revise as a future economic development strategy. As stated in Dr. Glower's report, renovation and enhancement of the existing facility is necessary to maintain the current market share and continue to generate revenues. Staff recommends implementation of scenario 1 by establishing a design plan and timeline for enhancements as soon as possible. Attachments: Preliminary Financial Assessment October 2008 Aerial View of Concept Program Development September 2008 Broad Market Assessment of Expansion Opportunities July 2008 ~~~_r City Hall - (I~ Clty Of COIIeyVIIIe 100 Main Street ` Colleyville, Texas 76034 r~.::::~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 02/17/2009 Controlling Body: City Council Requester: Agenda No.: PC-2 Final Action: File Name: Presentation of the Monthly Financial Report -January 2009 Attachments: January 2009 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 02/17/2009 City Council Title Presentation of the Monthly Financial Report -January 2009 Explanation The percentage of current year taxes collected is slightly behind that of January 2008. Sales tax revenue received in January was up $16,040 which is 10.36% over the amount received in January 2008. Three residential building permits were issued in January, as compared to twenty issued in January 2008. In Fiscal Year 2009, one new commercial building permit has been issued, as compared to six that were issued during the same time period in Fiscal Year 2008. Permit revenues through January 2009 are $187,000 less than those received through January 2008, and $218,000 less than projected through January 2009. The average amount expended by the departments at the end of January 2009 is 29.0%. Utility Fund Water usage increased as compared to the amount sold through January 2008. All building related revenues (water installation, sewer installation and engineering charges) are down. The average amount expended by the Utility Fund at the end of January 2009 is 31.1 %. City of Colleyville Page 7 Printed on 2/12/2009 MONTHLY FINANCIAL REPORT -JANUARY 2009 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 AS OF 1 /31 /2009 $7,929,857 40, 507 10,272 $7,980,636 $0 124,579 0 31,167 9,479 40,825 89,694 $295,744 $373,606 35, 362 $408, 968 $155,395 18,586 10,881 14,172 14,930 15,034 470 600 2,375 675 5,638 $238,756 $261, 622 19,275 7,111 $288,008 PROJECTED AS OF 1 /31 /2009 $7, 736, 88 25, 00 5,00 $7,766,88 $0 119, 000 0 31, 525 12,813 39, 390 96,450 $299,177 $343,459 43,500 $386,959 $288,158 29, 662 21,125 32,970 19,416 54,257 1, 026 467 2,017 2,453 5,000 $456,551 $260,000 19, 000 11, 200 $290,200 RECEIVED AS OF 1 /31 /2008 $7,616,580 28,554 7,465 ';$7;652, 599 $0 110, 560 0 63,450 8,980 46,723 51, 890 $281,603 $332,411 41, 632 $374,043. $273,691 31,416 18,479 24, 544 23, 025 44, 765 524 214 2,410 1,550 4, 850 $425,468 $244,566 16,850 8,274 $269,690 PERCENT CHANGE 4.11% 41.86% 37.60% 4:29% 0.00% 12.68% 0.00% -50.88% 5.56% -12.62% 72.85% 5.02% 12.39% -15.06% 9:34% -43.22% -40.84% -41.12% -42.26% -35.16% -66.42 -10.31% 180.37% -1.45% -56.45% 16.25% -43! 88% 6.97% 14.39% -14.06% 6.79% MONTHLY FINANCIAL REPORT -JANUARY 2009 REVENUE SOURCE FY 2009 BUDGET Re-zoning $13,201 Plat Fee/Site Plan 21,038 Board of Adjustment 2,040 Sale of Material 3,020 Weed Mowing 10,000 Animal Impoundment 3,250 Ambulance 250,000 Recreation Program 168,130 Non-Resident Fee Parks 20,050 Field Use Charge 17,700 Engineering & Inspection 100,000 Chgs & Reimbursements 2,000 Colleyville Center Rental 230,000 Lot Drainage Insp Fee 25,000 TOTAL CHARGES FOR SERVICE $865,429 DARE Officer Reimb TOTAL INTERGOVERNMENTAL Sale of Surplus Property Interest Income Miscellaneous Use of Available Cash Antenna Lease TOTAL MISCELLANEOUS Transfer from Utility Fd TOTAL TRANSFERS $89,792 $89,792 $17,000 255,000 55, 000 833,523 64,000 $1,224,523 $756,787 $756,787 RECEIVED AS OF 1 /31 /2009 $1,695 3,037 500 549 2,273 817 80,408 32,912 10,600 10,865 0 0 90, 557 3,625 ' $237,838 ' $0 $0 $0 24, 386 16, 522 0 28,248 $69,156 $0 $0 PROJECTED AS OF 1 /31 /2009 $4,40 7,01 68 1,00 3,33 1,08 83, 33 25,00 10, 02 8,85 33,33 66 76,66 8, 33 $263,72 $0 $0 $0 35,000 15, 000 0 27,450 $77,450 $0 $0 RECEIVED AS OF 1 /31 /2008 $5,142 9,257 625 1,030 1, 780 1,420 74, 704 27,109 12, 030 7,715 65,861 2,955 79,529 9,225 $298, 382 $0 $0 $0 133,185 6,107 0 30, 299 $169,591 $0 $0 PERCENT. .CHANGE.. -67.04% -67.19% -20.00% -46.70% 27.70% -42.46% 7.64% 21.41 -11.89% 40.83% -100.00% -100.00% 13.87% -60.70% -20.29% 0.00% .....0.00% 100.00% -81.69% 170.54% 0.00% -6.77% 59.22% 0.00% '.0.00% TOTAL GENERAL FUND REVENUES $19,391,581 $9,519,106 $9,540,946 $9,471,376 0'.50% MONTHLY FINANCIAL REPORT -JANUARY 2009 TOTAL PERCENT FY 2009 THROUGH THROUGH INCREASE INCREASE BUDGET 1/31/2009 1/31/2008 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 93.50% 93.90% -0.40% -0.43% RESIDENTIAL BLDG PERMITS 160 27 66 (39) -59.09% COMMERCIAL BLDG PERMITS 10 1 6 (5) -100.00% PLUMBING/MECHANICAL PERMITS 1,200 351 494 (143) -28.95% ~ ELECTRICAL PERMITS 400 117 172 (55) -31.98% CITATIONS ISSUED 11,000 3,282 4,289 (1,007) -23.48% CITATIONS APPEALED 550 217 237 (20) -8.44% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2009 THROUGH PROJECTED 33.33% OF THE BUDGET BUDGET 1/31!2009 EXPENDITURES YEAR COMPLETED REMAINING City Council and Secretary $588,992 $182,770 $180,789 31.0% $406,222 City Manager 589,919 188,286 194,893 31.9% 401,633 Finance 489,945 176,267 175,182 36.0% 313,678 Legal 106,823 43,837 26,706 41.0% 62,986 Engineering 553,500 166,816 178,533 30.1% 386,684 Economic Development 265,724 19,792 31,703 7.4% 245,932 Building Inspection 488,822 161,890 158,526 33.1% 326,932 Community Development 248,480 76,491 75,917 30.8% 171,989 Fire 3,851,923 1,272,289 1,256,218 33.0% 2,579,634 Police 4,285,946 1,403,891 1,412,069 32.8% 2,882,055 Parks 1,593,531 441,723 467,411 27.7% 1,151,808 Recreation 338,918 94,791 101,546 28.0% 244,127 Streets & Drainage 2,703,322 338,389 456,878 12.5% 2,364,933 Library 723,607 242,834 241,604 33.6% 480,773 Communications 222,531 93,066 105,266 41.8% 129,465 Colleyville Center 385,151 115,061 117,901 29.9% 270,090 Human Resources 231,111 74,010 75,055 32.0% 157,101 Municipal Court 255,870 80,645 80,826 31.5% 175,225 Fleet Maintenance 211,963 70,187 72,600 33.1% 141,776 Building Services 244,691 99,619 104,270 40.7% 145,072 Information Services 451,788 203,102 186,247 45.0% 248,686 Capital Equipment Reserve 135,000 65,587 65,587 48.6% 69,413 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 $5,6T1,343 $5,765,727 29.0% $13,760,065 MONTHLY FINANCIAL REPORT -JANUARY 2009 UTILITY FUND RECEIVED PROJECTED RECEIVED FY 2009 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET 1/31/2009 1/31/2009 1!31/2008 CHANGE Water Sales $7,341,404 $2,386,469 $2,220,885 $2,173,231 9.81% Sewer Sales 2,264,638 827,679 754,879 750,101 10.34% Sewer Installation 22,900 3,400 7,633 10,400 -67.31 Water Installation 48,000 8,090 16,000 15,870 -49.02% Sewer Tie-on Charges 5,000 1,500 1,667 1,500 0.00% Engineering Charges 35,000 125 11,667 22,530 -99.45% Penalties 168,106 64,391 56,035 69,847 -7.81% Miscellaneous 15,000 4,587 5,000 4,903 -6.45% TOTAL OPERATING INCOME $9,900,048 $3,296,241 $3,073,766 $3,048,382 8!'13% Interest Income $350,000 $31,347 $50,000 $66,226 -52.67% Use of Available Cash 100,000 0 0 0 0.00% TOTAL NON-OPERATING INCOME $450,000 $31,347 $50,000 $66,226 -52.67% TOTAL INCOME $10,350,048 $3,327,588 $3,123,766 $3,114,608 6.84°/a TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 1/31/2009 1/31/2008 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 723,293,700 657,341,000 65,952,700 10.03% NUMBER OF WATER CUSTOMERS 8,948 8,797 151 1.72% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2009 THROUGH PROJECTED 33.33% OF THE BUDGET BUDGET 1/31/2009 EXPENSES YEAR COMPLETED REMAINING Administration $214,836 $68,980 $69,485 32.1% $145,856 Billing 576,216 150,484 157,472 26.1% 425,732 Operations 7,459,221 2,148,392 2,056,153 28.8% 5,310,829 Debt Service 885,482 725,001 725,001 81.9% 160,481 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 $3,092,857 $3,008,111 31''.1% $6;855,72'1 „'gyn. o~ ~ ~~ {~ City of Colleyville 100 Mlain 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: 02/17/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-3 Final Action: Secretary File Name: Discussion of the February 17, 2009 regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 02/17/2009 City Council Title Discussion of the February 17, 2009 regular agenda items City of Colleyville Page 1 Printed on 2/11/2009 City Hall `A~ ~,~~_ ; City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 02/17/2009 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -February 17, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 02/17/2009 City Council Title Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property - Mineral Rights Sec. 551.087 -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 2/9/2009 RESOLUTION R-09-3069 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 17, 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 ~ City Hall City of Colleyville 100 Main Street "'k_~~ '" 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: 02/17/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -February 17, 2009 Attachments: Homeland Security National Fire Academy Executive Fire Officer Certificate.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 02/17/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Interim Fire Chief Clinton Russell Shelley's successful completion of the U.S. Fire Administration's Nation Fire Academy -Mayor David Kelly City of Colleyville Page 1 Printed on 2/13/2009 v~ U ~ o .,-, N I1~1 C ~-I--I U ~ O ~ ~ N N ~+-i ~ w cn O • ~ v ~ ~ ~ ~ b ~ ~ .,~ P-+ N i~ o a ° ~ `~ ~ o a t~ b ~ ~ ~ ~ ~ ~ ~ M c~d ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ rv .~ ~ ~ • ~ ~ o ~ o rv ~ o O ~~ ~ ~~o ~ ~ 4~ ~ .~, .~, ~ ~ ~ a A~` ~ o '~ p ~ ~ v ~ i ~ ~ ~ ~ 0~ 0 v b ~ z~ sn Kos' • ~ ~ ~ ~ w `~'~ . ~ ~ ~ ~ ~ ~ ~ „~ v ~.1 ~ ~ ~ ~, ~ U o ~ ~ ~ ~, O ~_ ~ U ~ ~ ~ b U ~ ~ ~ ,~ ~ u. b ~ Z ~ '~ o ~..~ z ~i ~ '' ~~ O ~ ~ .~ ~ v ~ ~v O `~ c U a v ~ ~ h H RESOLUTION R-09-3070 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF FEBRUARY 17, 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 February 3, 2009 b. Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing of various streets within the Woodland Hills East subdivision, in the amount of $121,049.28, and authorize the City Manager to execute the contract c. Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing of various streets within the Tara Plantation subdivision, in the amount of $75,114.60, and authorize the City Manager to execute the contract d. Approval to extend the Borders Retail Economic Development Agreement and authorize the City Manager to execute the Agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ~`'' ~ City of Colleyville `~ ,_ ,. City Council Minutes -Draft ~,.:,; City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, February 3, 2009 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 3, 2009, at 5:32 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, Interim Assistant City Manager Mike Johnston, 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, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of possible amendments to Chapter 9-Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations, Case G-09-005 Community Development Manager Ron Ruthven provided an overview of the proposed amendments to the Land Development Code regarding sidewalk regulations and answered questions of the City Council. There was general discussion regarding the current and proposed sidewalk escrow system. City Attorney Matthew Boyle stated, "the goal is to provide an opportunity before the City takes it from a site specific dedication to a neighborhood dedication, an option period, and listening to that question and rereading it, you might wish to consider recommending that we add that when the City is put on notice, that effectively begins an application for refund process in the same way that it used to happen. That way the City has the ability in those cases where their property is not on the plan and there is no need for a sidewalk, the City could refund it versus those that are and you could still use it in the old system to go on your property proper. You have a real strong guiding basis in the sidewalk plan to make a logical assessment." Discussion continued regarding the public notice time period and City of Colleyville Page 1 Printed on 2/12/2009 City Council City Council Minutes -Draft February 3, 2009 process and the waiver option and process. PC-2 PC-3 PC-4 PC-5 The City Council requested staff seek clarification from the Colleyville Trails and Sidewalks Committee regarding the escrow option. Discussion of the process for filling an unexpired term on the Metroport Teen Court Advisory Board The City Council determined the open position on the Metroport Teen Court Advisory Board will be advertised with the current openings with an application deadline of February 27, 2009. Presentation of the Quarterly Investment Report Finance Director Terry Leake presented the Quarterly Investment Report, stated the report was presented to the Audit Committee and answered questions of the City Council. Presentation of the General Fund Budget update for the first quarter of Fiscal Year 2009 Finance Director Terry Leake provided an overview of the General Fund for the first quarter of Fiscal Year 2009 and reported a potential $950,000 projected loss in revenue. Ms. Leake stated department directors identified departmental budget reductions to compensate for the potential loss. Mayor Kelly commended staff for being proactive and planning for a potential budget deficit. Discussion of the February 3, 2009 regular agenda items Mayor Kelly stated Ms. Mary Smith is the new President of the Colleyville Area Chamber of Commerce and may be appointed as an ex-officio member to the Colleyville Public Library. There was general discussion regarding the proposed standards for wind driven generators, community interest in the wind driven generators and safety considerations. City Attorney Matthew Boyle stated the parameters for the wind generators are legally supportable. Councilmember Taylor stated Agenda Item 7d requesting support of the Regional Transportation Council's program, which addresses City of Colleyville Page 2 Printed on 2/12/2009 City Council City Council Minutes -Draft February 3, 2009 transportation improvements, is poorly labeled and has been confused with the commuter rail, and it is not one in the same. Mayor Kelly stated any alternative means of revenue for transportation will go to a citizen vote to decide if they want to participate in funding. There was discussion regarding the reasons for regulation of the construction of carports. The City Council requested minimal requirements be included in the Land Development Code. Mayor Kelly welcomed Ms. Jennifer Fadden to the Pre Council meeting. Finance Director Terry Leake provided information regarding new audit procedures. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:40 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 3, 2009, at 6:41 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, Interim Assistant City Manager Mike Johnston, Police Chief Tommy Ingram, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Planner Justin Bass, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville City of Colleyville Page 3 Printed on 2/12/2009 City Council City Council Minutes -Draft February 3, 2009 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 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 6:40 p.m. and reconvened at 7:30 p.m. INVOCATION: Pastor Dale Smith, Colleyville Presbyterian 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-09-3060 Mayor Kelly read Resolution R-09-3060 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-09-3060. 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 welcomed and introduced City Manager Jennifer Fadden and stated Ms. Fadden was selected from approximately 74 candidates and is a great fit for the City of Colleyville. City of Colleyville Page 4 Printed on 2/12/2009 City Council City Council Minutes -Draft February 3, 2009 Mayor Kelly gave accolades and expressed appreciation to Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston and the executive leadership team for excellent management of the City during this time and stated the City has the best employees in the area. 3. ANNOUNCEMENTS AND PRESENTATIONS Mayor Kelly introduced Mayor Pro Tem Allen Harris of The Colony who serves as the President of theTexas Municipal League, (TML) Region 8. Mayor Pro Tem Harris invited the City Council to the TML Region 8 meeting in Haltom City, at the Diamond Oaks Country Club, on March 12, 2009. Mayor Kelly stated the dedication of the five million gallon water storage tank on L.D. Lockett Road, was held Saturday, January 31, 2009, and the facility completes the water delivery storage system for the City. Mayor Kelly expressed appreciation to Public Works Director Steve Chutchian, Operations Manager Kelly Howell and Utility Superintendent Ken Tywater for management of the project. Mayor Kelly encouraged citizens to participate in the Colleyville Citizen's Fire Academy beginning February 9, 2009. Councilmember Wollin reported the Celebrate Colleyville event was a great success with over 6,000 attendees and commended staff for coordinating the event. Ms. Wollin stated the 2009 Celebrate Colleyville event will be held Friday, December 4, and encouraged citizens to apply for service on the Celebrate Colleyville Steering Committee. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3061 4a Approval of the minutes of the regular City Council meeting of January 20, 2009 Mayor Kelly read Resolution R-09-3061 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 Hall moved to approve Resolution R-09-3061. Councilmember Wollin seconded the motion. City of Colleyville Page 5 Printed on 2/12/2009 City Council City Council Minutes -Draft February 3, 2009 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): SECOND READING AND PUBLIC HEARING 5a 0-09-1707 Approval to amend Ordinance 0-98-1130 relative to the Colleyville Tree Board Mayor Kelly read the caption of Ordinance 0-09-1707. 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 Wollin moved to approve Ordinance 0-09-1707. Councilmember Licata 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1708 Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 Mayor Kelly read the caption of Ordinance 0-09-1708. Community Development Manager Ron Ruthven reviewed the proposed amendments to the Land Development Code regarding fences and residential carports and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City of Colleyville Page 6 Printed on 2/12/2009 City Council City Council Minutes -Draft February 3, 2009 6b 0-09-1709 Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 Mayor Kelly read the caption of Ordinance 0-09-1709. Community Development Manager Ron Ruthven reviewed the proposed standards for wind driven generators and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Ruthven confirmed the proposed standards would not preclude City Council from requiring additional standards as a condition of approval. 6c 0-09-1710 Approval of amendments to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations and Chapter 6, Article 1 of the Code of Ordinances regarding Alcoholic Beverages, Case GC09-001 Mayor Kelly read the caption of Ordinance 0-09-1710. Community Development Manager Ron Ruthven reviewed the proposed amendments to the mass gathering regulations regarding alcoholic beverages and stated the purpose is public safety and quality of life in the City. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Community Development Manager Ron Ruthven stated mass gatherings over 500 persons and lasting longer than eight hours would require a permit, including churches. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3062 Consideration of appointment to the Park Land Dedication Committee Mayor Kelly read Resolution R-09-3062 in its entirety. City of Colleyville Page 7 Printed on 2/12/2009 City Council City Council Minutes -Draft February 3, 2009 Mayor Kelly opened the public hearing. 7b 7c R-09-3063 R-09-3064 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-09-3062. Mayor Kelly 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 Consideration of appointment of an ex-officio member to the Colleyville Library Board Mayor Kelly read Resolution R-09-3063 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-09-3063, appointing Ms. Mary Smith to the Colleyville Library Board as an ex-officio member, representing the Colleyville Area Chamber of Commerce. Councilmember Wollin seconded the motion. Mayor Kelly stated Ms. Ret Stansberger, who served as President of the Colleyville Area Chamber of Commerce retired and Ms. Mary Smith is the President. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Calling a General Election for May 9, 2009, for the purpose of electing Councilmembers to Place 5 and Place 6 Mayor Kelly read Resolution R-09-3064 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Printed on 2/12/2009 City Council City Council Minutes -Draft February 3, 2009 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-09-3064. 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 7d R-09-3065 Approval of a resolution supporting the Regional Transportation Council's (RTC) Legislative Program addressing transportation improvements for the 81st Texas Legislature Mayor Kelly read Resolution R-09-3065 in its entirety. Mayor Kelly opened the public hearing. Mr. Gary Christianson, 1309 Caldwell Creek Drive, spoke in opposition to the City levying fees or taxes and the City supporting a commuter rail station in the City of Colleyville. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor stated the name of the bill does not accurately reflect the purpose of the bill. This bill will support regional efforts to address the mobility and air quality needs of the citizens of North Texas and study various revenue options to fund those needs, including voter approved fees such as: vehicle registration fee, motor fuels excise tax, driver's license fees and mileage fees. There are a number of elements in the bill and I would encourage anyone to take a deeper look at it. It does include some portion for commuter rail improvements, but it is a very small portion. Here in Colleyville with rail being a current issue on a lot of people's minds, it obviously sends up a red flag that there's a concern and that's not what we're doing, we're simply supporting, as a City, the right for Texans to vote on these issues. So I just wanted to let you know that, thank you, Mr. Christianson for bringing that up. Mayor Kelly stated this resolution gives local control to the citizens and if there are any alternative funding mechanisms identified, the citizens will have an opportunity to vote on those options. Mayor Kelly moved to approve Resolution R-09-3065. City of Colleyville Page 9 Prinfed on 2/12/2009 City Council City Council Minutes -Draft February 3, 2009 Councilmember Hall 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 7e R-09-3066 Approval of a resolution accepting the annual audit for Fiscal Year Ended September 30, 2008 Mayor Kelly read Resolution R-09-3066 in its entirety. Finance Director Terry Leake stated the annual audit for Fiscal Year ended September 30, 2008 was presented to the Audit Committee on January 20, 2009, and introduced Mr. John Manning, Audit Engagement Partner with Pattillo, Brown and Hill, L.L.P. Mr. Manning reviewed the audit report, stated the report meets the Government Finance Officers Association (GFOA) reporting requirements to receive financial excellence for financial reporting and expressed appreciation to Finance Director Terry Leake and staff for presenting a very good set of books for auditing. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Manning stated the City received an unqualified audit opinion, which is the highest level of assurance that can be given on the financial statements. Councilmember Taylor stated Finance Director Terry Leake is an asset to the City and commended Ms. Leake and her staff for excellent financial management of the City's resources. Mayor Kelly expressed appreciation to Mr. Manning and the audit firm and to Finance Director Terry Leake for doing a great job in the finance area. Mayor Kelly moved to approve Resolution R-09-3066. Councilmember Taylor seconded the motion. City of Colleyville Page 10 Printed on 2/12/2009 City Council City Council Minutes -Draft February 3, 2009 The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7f R-09-3067 Supporting Cities Aggregation Power Project, Inc. (CAPP) in endorsing legislative changes to the competitive electric market during the 81st Texas Legislative Session Mayor Kelly read Resolution R-09-3067 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 Wollin moved to approve Resolution R-09-3067. Councilmember Licata 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 8. TABLED ITEM: 8a 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 There was no action taken on this item. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 10. REPORTS: Capital Improvements Advisory Committee Minutes -June 26, 2006 Parks and Recreation Advisory Board Minutes -November 3, 2008 Planning and Zoning Commission Minutes -January 12, 2009 There was no discussion of this item. City of Colleyville Page 11 Printed on 2/12/2009 City Council City Council Minutes -Draft February 3, 2009 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 3, 2009 -Reading and Public Hearing -Resolution R-09-3068 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. 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 Mayor Kelly adjourned the meeting at 8:13 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, NAYS AND DAY OF 2009. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 12 Printed on 2/12/2009 ~~} ~~~ City Hall ,~ City of Colleyville 100 Main Street Colleyville, Texas 76034 '~~~~~~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 02/17/2009 Controlling Body: City Council Requester: Public Works Agenda No.: 4b Final Action: Department File Name: Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing of various streets within the Woodland Hills East subdivision, in the amount of $121,049.28, and authorize the City Manager to execute the contract Attachments: Woodland Hills East Subdivision Map History of Legislative File Version: Date: Acting Body: Action Text: 1 02/17/2009 City Council Title Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing of various streets within the Woodland Hills East subdivision, in the amount of $121,049.28, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The Fiscal Year 2009 (FY 2009) Street Department budget provides for the maintenance and rehabilitation of residential streets and throughfares throughout the community. Included in this year's annual program is the micro resurfacing of various streets in the Woodland Hills East subdivision. The affected streets are Bowden Hill Lane, Langley Hill Lane, Middleton Way, Pembrooke Drive, Chrismac Way, Lexington Parkway and Scarborough Lane Court. This type of work extends the service life of the existing asphalt roadway pavement by several years and is most effective when ambient temperatures are 50 degrees and rising. Sealed bids were received on January 23, 2009, for the micro resurfacing of various streets within the Woodland Hills East subdivision. Viking Construction, Inc., was the only bid received, in the amount of $121,049.28, which includes a ten percent (10%) contingency. Viking Construction, Inc., is the only company in our region that performs this type of resurfacing. Viking Construction has satisfactorily completed construction projects for the City over the last three years. Staff reviewed qualifications submitted by Viking Construction, Inc., and recommends approval of their bid. Financial Impact It has been determined that funds are available in the Street Department budget. City of Colleyville Page 1 Printed on 2/11/2009 Agenda Briefing Continued Recommendation Approval City of Colleyville Page 2 Printed on 2/11/2009 _ ,,, .,, ~~ ~-y c~ City of Colleyville 100 Mlain Street ~`' Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Public Works Department Agenda Date: 02/17/2009 Agenda No.: 4c Controlling Body: City Council Final Action: File Name: Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing of various streets within the Tara Plantation subdivision, in the amount of $75,114.60, and authorize the City Manager to execute the contract Attachments: Tara Plantation Subdivision Map History of Legislative File Version: Date: Acting Body: Action Text: 02/17/2009 City Council Title Approval of a construction contract with Viking Construction, Inc., for the micro resurfacing of various streets within the Tara Plantation subdivision, in the amount of $75,114.60, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing A ten year Capital Improvement Plan for street improvements was approved by City Council in September 2008. Micro resurfacing of certain streets in the Tara Plantation subdivision was included in the list of improvements for Fiscal Year 2009 (FY2009). The remaining streets in this subdivision will be subject to subgrade stabilization and resurfacing later this year by separate contract. The streets scheduled for micro resurfacing includes Magnolia Court, Tara Drive, Ashley Court, Butler Court, Plantation Drive South, Green Way Court, Crest Court, Savannah Court, Wood Creek, Scarlet Court and Plantation North Court. This type of work extends the service life of the existing asphalt roadway pavement by several years and is most effective when ambient temperatures are 50 degrees and rising. Sealed bids were received on January 23, 2009, for the micro resurfacing of various streets within the Tara Plantation Subdivision. Viking Construction, Inc., was the only bid received, in the amount of $75,114.60, which includes a ten percent (10%) contingency. Viking Construction, Inc., is the only company in our region that performs this type of resurfacing. Viking Construction has satisfactorily completed construction projects for the City over the last three years. Staff reviewed qualifications submitted by Viking Construction, Inc., and recommends approval of their bid. Financial Impact It has been determined that funds are available in the Street Department budget. City of Colleyville Page 1 Printed on 2/11/2009 A enda Briefin Continued Recommendation Approval City of Colleyville Page 2 rnnrea on u~ ucuv~ ;~, .,, ~~ ~-~ ~`' I~ City of Colleyville 100 Main Street ~` Colleyville, Texas 76034 ~'~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 02/17/2009 Agenda No.: 4d Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval to extend the Borders Retail Economic Development Agreement and authorize the City Manager to execute the Agreement Attachments: Retail Economic Development Agreement -Borders Bookstore.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 02/17/2009 City Council Title Approval to extend the Borders Retail Economic Development Agreement and authorize the City Manager to execute the Agreement Explanation Reading and Public Hearing The City is authorized by Chapter 380 of the Texas Local Government Code to provide economic development incentives to support local business activity, employment and development and the City has approved a policy for this purpose pursuant to Chapter 380. The original Development Agreement with Borders was approved in 2005 and provided a one percent (1 %) sales tax be paid to the City's General Fund during the first two years of operation. Borders has subsequently requested that the Agreement be extended for an additional two years due to current economic conditions. Borders will be required to complete a full year of operation, report sales tax, for verification by the City, with the State of Texas Comptrollers Office, prior to payment. Financial Impact It has been determined that the annual reduction of General Fund revenue sales tax is projected to be approximately $36,000.00. Recommendation Approval City of Colleyville Page 1 Printed on 2/12/2009 RETAIL ECONOMIC DEVELOPMENT AGREEMENT- Borders Bookstore This Agreement (the "Agreement") is entered into as of the by and between The City of Colleyville, Texas, a municipal corporation (the "City"), and Borders, Inc., a Colorado corporation authorized to do business in the State of Texas ("Borders"). RECITALS WHEREAS, Borders operates approximately 23,000 square feet of retail space that is heated, ventilated and air conditioned as set forth on the Site Plan shown in Exhibit "A", which is attached hereto and incorporated herein for all purposes (the "Borders Space"); and WHEREAS, BORDERS has requested that the City authorize and pay certain cash incentives and grants as provided herein (collectively referred to as the "Incentives") with respect to a portion of the Borders Space; and WHEREAS, for the public purpose of promoting economic development and diversity, increasing employment, reducing unemployment and underemployment, expanding commerce and stimulating business and commercial activity in the State of Texas, Tarrant County and the City, the City desires to offer the Incentives and grants to Borders as more particularly described in this Agreement; and WHEREAS, BORDERS has applied for the Incentives in accordance with the City's Policy Statement for Development Incentives (the "Policy"); and WHEREAS, the Agreement and Incentives are authorized by, and in accordance with, the Policy and Chapter 380 of the Texas Local Government Code. NOW, THEREFORE, for and in consideration of the promises, covenants and agreements set forth herein, the receipt and sufficiency of which are hereby acknowledged, the City and BORDERS agree as follows: Project Subject to this Agreement. Grant to Borders. Subject to the terms and conditions of this Agreement, the City desires to grant to Borders the one percent (1 %) sales tax paid to the City's General Fund for two years. To qualify for the Grant, Borders must: a. Maintain a valid certificate of occupancy for the Borders Space and be open to the public and begin taxable sales during the full term of this Agreement; and b. Operate the Borders Space as a retail bookstore with continuous taxable sales for a period of no less than two continuous years (subject to interruption due to damage or casualty, as hereinafter provided). c. The City shall have the right to terminate this Agreement if Borders fails to continuously occupy and operate the Borders Space during the term of this Agreement. d. Term of the Sales Tax Incentive Grant. Subject to the terms and conditions of this Agreement, the sales tax incentive Grant is available for a period of two (2) years beginning on the date of execution of the Agreement (the "Term"). e. Payment of Grant. The City will pay the sales tax incentive Grant to Borders on an annual basis beginning one year from the date of execution and continuing thereafter until the Term ends. If the qualifications for the Sales Tax Incentive are not met for part of any year, the payment shall be based on the actual sales during the portion of the year during which the qualifications were met. Calculation of Sales Tax Incentive Grant. The parties agree that the dollar amount of retail sales eligible for the Sales Tax Incentive payable to Borders will be derived from sales and sales tax information furnished by Borders and verified by the Comptroller's Office of the State of Texas or any successor agency charged with collecting such information and preparing such reports. g. Borders will provide to the City annually all documents necessary for the City to calculate the sales tax incentive Grant (the "Annual Reports"). The Annual Reports must be filed with the City no later than thirty (30) days following the date in which the Annual Reports are filed with the Comptroller's Office of the State of Texas. h. Default. In the event Borders or the City fails to comply with any covenants or obligations of this Agreement, the non-failing party may pursue any remedy available at law or in equity; provided that neither party shall be in default unless and until such party fails to cure any failure within sixty days (30 days for money payments) following its receipt of written notice thereof from the other party. The prevailing party to any dispute arising out of the enforcement of this Agreement shall be entitled to recover from the losing party reasonable attorney's fees, expenses and costs. 2. Miscellaneous a. All construction will be in accordance with applicable codes, regulations and ordinances of the City. b. This Agreement may not be assigned by any party without the written consent of the other parties, but such approval not to be unreasonably withheld. In the event of assignment, the assigning party shall provide written notice of the assignee, including assignee's address and contact information. c. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. 2 d. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Tarrant County, Texas. e. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. h. Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to the City shall be sufficient if made or addressed to City Manager, 100 Main Street Colleyville, Texas 76034, with a copy to the City Attorney, Matthew C. G. Boyle, Boyle & Lowry, L.L.P., 4201 Wingren, Suite 108, Irving, Texas 75062. Notice to Borders shall be sufficient if made or addressed to Borders Corporate Tax Department, 100 Phoenix Drive, Ann Arbor, MI 48108. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other parties in accordance with the provisions of this Agreement. i. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. k. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. I. Time is of the essence in this Agreement. m. The parties agree this Agreement has been drafted jointly by the parties and their legal representatives. n. Each party agrees to deliver estoppel certificates regarding the status of this Agreement from time to time upon written request of the other party. IN WITNESS WHEREOF, the parties have executed this Agreement and caused this Agreement to be effective on the latest date as reflected by the signatures below. CITY OF COLLEYVILLE Kelly Cooper, Interim City Manager BORDERS, INC. Approved: Matthew C. G. Boyle, City Attorney CORPORATE ACKNOWLEDGMENT: The State of Texas County of Before me, the undersigned, on this day personally appeared of Borders, Inc., proved to me through the presentation of a valid Texas Driver's License to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Mr. /Ms. furthermore attested that he/she is signing this in his/her capacity as of Borders, Inc., and that such capacity makes his signature valid to bind the company, Borders, Inc. Seal: GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of , 2009. Notary Public in and for the State of Texas My Commission Expires: 4 i.H ' a, ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 °'~'" Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1708 File Number: 0-09-1708 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 02/17/2009 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 Attachments: Proposed Amendments to Section 3.26 Fences, Free Standing Walls, and Screening Materials • Proposed Amendment to Section 3.27 Accessory Buildings and Residential Carport Regulations Single Family Residential Properties 40,000 Square Feet or Larger in Size Surrounding Cities Front Yard Fence Regulations Ordinance 0-09-1708 History of Legislative File Version: Date: Acting Body: Action Text: 01/12/2009 Planning and Zoning Commission 02/03/2009 City Council 02/17/2009 City Council Title Approval of an amendment to Chapter 3-Land Use of the Land Development Code regarding fences and residential carports, Case G-09-003 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the February 3, 2009 meeting. First Reading and Public Hearing Staff proposes two amendments to Chapter 3 of the Land Development Code. The first addresses Section 3.26 of the Land Development Code, which regulates the construction of fences within the City while the second is a minor amendment to the carport regulations found in Section 3.27. Based upon the volume of fence variance requests, staff recognizes a potential area of enhancement to the Colleyville fence regulations found in Section 3.26 as they relate to location and height. The Zoning Board of Adjustment (ZBA) is responsible for considering fence variances. As an appellate body, the ZBA is bound by the State of Texas and the Land Development Code to only approve variances when true hardship exists. Since 2000, the ZBA has approved 29 (38% of all variances approved) front yard fence variances to City of Colleyville Page 1 Printed on 2/6/2009 Agenda Briefing Continued (0-09-1708) Section 3.26(D)1 of the Land Development Code. Section 3.26(D)1 states: "No fence or free standing wall greater than thirty (30) inches in height and not greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces except for perimeter subdivision fences meeting the following requirement." The primary purpose of this regulation is to keep the front yards along street frontages open and unobstructed to resemble a greenbelt. Most cities within the United States have similar requirements. Currently, the only exception to this requirement in Colleyville are perimeter subdivision fences (including platted "single-lot" developments), which may be built up to eight (8) feet within the required front yard setback. Given the number of fence variances, staff recommends amending Section 3.26(D)1 to allow fences up to eight (8) feet in height on lots containing a minimum of 40,000 square feet. Of the 29 variances, 10 were granted on properties containing more than 40,000 square feet. Of the seven area cities surveyed, Euless and Southlake allow fences within the front yard setback up to eight feet in height without having to obtain a variance or special permission. Of those two cities, Southlake is the only city to allow eight foot fences without a minimum lot size requirement. According to Southlake's zoning ordinance, however, one acre (or 43,560 square feet) is the minimum residential lot size allowed in the city, unless a PUD-Planned Unit Development is approved. The following language has been drafted for City Council consideration and review: D. Fence and Free Standing Wall Setback Requirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces. e~c~ ^*~,~er-imete~ph~'~~~~~c a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. b. On a corner lot, a house shall be deemed to face on that street on which it has +ts least dimension unless otherwise determined by the Building Official. c. Gate setback: Any gate shall be set back a sufficient distance from the property line to allow vehicle queuing space in order to maintain safety and to prevent backup along the street pavement. Sufficient distance shall be determined by the Building Official. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said fencing shall be no greater than eight (8) feet City of Colleyville Page 2 Printed on 2/6/2009 Aaenda eriefina Continued (0-09-1708) in height and shall have no greater than twenty-five (25) percent solid construction within the front yard. Allowed construction materials shall be the same as paragraph "1.a" above. This exception shall not apply to properties zoned as a PUD district. The recommendation of 40,000 square feet as the minimum lot size for a property line perimeter fence is based on research and analysis of the attached Colleyville map. In this map, those residential properties that meet the minimum square footage recommendation have been highlighted. This recommendation excludes most residential properties located in Colleyville, where lot sizes contain less than one acre and where such fences would take away from the previously mentioned "greenbelt" aesthetic of the front yards of the neighborhood. Lots zoned PUD-Planned Unit Development Commercial are also proposed to be excluded from the 40,000 square foot provision. PUD developments are governed by development standards that are typically unique to each PUD district. Additionally, only 1.4% of all residential lots located within all PUD districts in the City are over 40,000 square feet in size. Staff has also added a provision to ensure that any gates constructed as part of a fence permit will be setback far enough away from the street to prevent a vehicle from blocking traffic while waiting for the gate to open. The remaining proposed changes to this section involve removing minor discrepancies and adding language to clarify the ordinance. The second proposed amendment is to Section 3.27.C -Residential Carport Regulations. Carports may not be built without the approval of a Special Use Permit by the City Council. The current language in the Land Development Code states that "the City Council may approve a request" for a carport. Staff recommends the following amendment: "Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council west for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings." Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the amendments at the January 12, 2009 meeting by a vote of 7-0. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 2/6/2009 Proposed Amendments to Section 3.26 Fences, Free Standing Walls, and Screening Materials Section 3.26 Fences, Free Standing Walls, and Screening Materials A. Scope This section is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Colleyville, and to enhance the aesthetic quality of the community. 2. No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public. 3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free standing structures. B. Definitions Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a plat or replat or filing of a plat or replat as those terms are defined in Chapter 2 -Definitions of this Land Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF. C. General Requirements/Prohibitions for all Fences and Free-standing Walls 1. Screening Required in Residential Districts: a. Nonresidential uses in a residential district shall be suitably screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use with screening elements and fences of not less than eight (8) feet in height. Said screening requirements shall not be mandatory for public schools, parks or churches, except where active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off-street loading areas of any nonresidential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use with screening elements and fences of not less than (8) feet in height. b. Where a multifamily or mobile home use abuts a one or two family district, or where a mobile home use abuts a one, two or multifamily use or district, the side and rear property lines of said multifamily or mobile home use or district shall be suitably screened from view of any adjacent dissimilar residential dwelling or lot. c. Garbage, refuse, and trash collection/storage areas in any multifamily development, mobile home development, or other nonresidential use permitted in a residential district shall be fully enclosed by a dense screening element to adequately screen such an area from view of the surrounding area. d. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to a maximum of twelve (12) feet. 2. Screening Required in Non-Residential Districts: Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 2 of 7 a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened with a solid fence, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet. Such fence shall consist of wood or masonry materials, or a combination thereof. b. Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet. c. Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable screening element of not less than six (6) feet in height. d. In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height. e. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use. f. All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. 3. Obstruction Prohibited: No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher than thirty (30) inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit"3-1". nlis AAEA IAIST KDT QEAA MID N01 IE M:l.OIIEO oASTAUCT THE rl of IgTOAISt Exhibit " 3-1" Obstructions Prohibited 4. Twenty-Five (25) Foot Visibility Triangle Required: No fence, screen, wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25) feet back from the property corner along both streets. See Exhibit " 3-2". Deletions are marked as °+~~°+.~~~.~e~gh Additions are underlined Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 3 of 7 iTAEET 11.O.uL ZS' OpR#ER~ y r ~fISIRILITI TRIYIfiE LOT 10 ~E ADT CLEAR DF rls~x orsTMUaloKs FAOrERTt LIME Exhibit " 3-2" Visibility Triangle 5. Barbed Wire Prohibited: Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited except as provided below. Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or in industrial districts are permitted without restrictions. Barbed wire strands may be placed on the top of security fences in non-residential districts for the purpose of security from theft, entry and hazard such as around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line. 6. Electrical Fences: Electrical fences and fence charging devices (Underwriters Laboratory approved) shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof. 7. Eight (8) Foot Maximum Height: No fence in a residential district shall exceed eight (8) feet in height above ground level at the fence line. 8. Property Owners' Responsibility: The construction of a fence or wall on the property line shall not preclude the property owner's responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. See Exhibit " 3-3". atiRFl KTIIIO 111E CI1Y 3fAEET ~a s ~ ~~S1ELt TQ MRiliT~l~, Tl'Fi F RDR LAT3 CITT lTeiET P7GURH 3 PAO?>~tTY OwHT~'S SESPON"I Exhibit " 3-3" Property Owner's Responsibility 9. Public Property.' No fence, guy wire, brace or any post of such fence shall be constructed upon or cause to protrude over property that the City or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon drainage and utility easements which are permitted to be fenced. 10. Floodway Permit Required: The construction of a fence or wall in a foodway as shown on the most recent revision of the "Floodway -Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency (FEMA) shall require a development permit as currently required in the City's drainage policies. Deletions are marked as stfiketgrer~~ Additions are underlined Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 4 of 7 11. Swimming Pools: All swimming pools shall be fenced. A solid or chain link type fence or a barrier at least four (4) feet in height shall completely enclose every swimming pool to be constructed. There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on horizontal picket type fences. All gates allowing access to the pool area shall be self-closing with self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool area must be able to be secured by a combination or keylocking device. A dwelling house, accessory building, or apartment building may be used as part of such enclosure provided that all entrances to the swimming pool are equipped with gates as described herein. All fences should conform to local governmental codes and restrictions. D. Fence and Free Standing Wall Setback Requirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces, °~^°^+ f^~ ^° ^~°+°. ^,.h,+;.,;^ ., s°.,^°^ .,,°°+;.,,, +h° a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. b. On a corner lots a house shall be deemed to face on that street on which it has +ts least dimension unless otherwise determined by the Building Official. c. Gate setback: Any gate shall be set back a sufficient distance from the property line to allow vehicle aueuina space in order to maintain safety and to prevent backup along the street pavement. Sufficient distance shall be determined by the Building Official. d. Exceptions to front vard requirement: Lots containing a minimum of 40,000 sauare feet, and subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said fencing shall be no greater than eight (8) feet in height and shall have no greater than twenty-five (25) percent solid construction within the front yard. Allowed construction materials shall be the same as paragraph "1.a" above. This exception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter fv°r--p~,ctv°-r~ .+„+;, c° .,u^ °°+:., +~° ° ° °.,+^ ^f °ti ~~,. ~+,,, ° fences and walls within a required side yard adjacent to a street right of way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30") in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the property line, except on any lot having either a required side yard less than fifteen (15') feet or an existing primary structure setback less than fifteen (15') feet, then the fence or wall may be constructed with the same setback as the primary structure; or Deletions are marked as strikethreugh Additions are underlined Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 5 of 7 b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the side property line; or c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer than fifteen feet (15') from the side property line. A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in height and not greater than twenty-five percent opaque construction) within a required street side yard shall not be placed less than three feet (3') from the side property line, and shall not be subject to the provisions of the preceding sections (a) through (d). 3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the requirements in paragraph "1.a" above, no fence or wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet from the side property line adjacent to the street which leads into undeveloped property. See Exhibit "3-4". 25' City Street {1j Set-back es#ablished by district regulations Exhibit "3-4" Typical 15'-0" Fence Setbacks 4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction requirements of paragraph "1.a" above and the Uniform Building Code may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty (30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit " 3-4". E. Security Gating Encroachments A front yard fence or screening wall providing support for a security gate and not exceeding a maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a residential lot when the fence or screening wall meets the following criteria and shown in Exhibit "A".: Deletions are marked as striket#reugh Additions are underlined Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 6 of 7 1. The fence or screening wall shall attach to a gated entry across the driveway; 2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet from the driveway and extend toward the driveway; 3. The fence or screening wall shall extend to the nearest side property line; 4. The fence or screening wall shall not extend beyond 10 feet into the setback from the dwelling unit; 5. The fence or screening wall shall not enclose nor extend across the entire front yard; 6. The gate and columns may not extend beyond one foot in height above the fence; 7. A minimum setback distance of 20 feet from the fence, screening wall and gate to the front property line shall be maintained. Exhibit "A" Property Llne ~- F.€Administration 1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the Office of Building Inspections. 2. Application for Permit -Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: a. Applicants name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. b. Name and owner of the property. c. Local address where fence is proposed to be erected. d. Materials and type of fence construction. e. Height of fence. Deletions are marked as s~etgrebrgh Additions are underlined Proposed Amendments to Chapter 3.26 Fences, Free Standing Walls, and Screening Materials Page 7 of 7 f. Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. Deletions are marked as stxikethreugh Additions are underlined Proposed Amendment to Section 3.27 Accessory Buildings and Residential Carport Regulations Section 3.27 Accessory Buildings and Residential Carport Regulations Subsection C Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council app for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. Deletions are marked as strilFetlare~ Additions are underlined N N O /~L f1 ~--+ .~ ~~/ I..L .~ ~..L W z N C ~~ V .~.+ C O LL N :«_+ V C `a C O L 3 In C ~' N N O U N U ~' N C O C Q N ~ i Q fC `~ ~ O U O ~. , C ~ N~ ~ O N ~ ~ O N U ~ '~ ~ LL ~ >+ ~ ~ O +-' N ~ C O Q C O y y ~ N ~ N j ~ o O O N O O ~ m ~- U~ o N o ~- .> ++ (0 N O~ ~ O O N ~ N Q ~~ N E 'O d O O N N~ C C ~ N LO ~ O _~ ~ ~ -p ~ L te > 7 _ N C U~ N ~- ~ ++ M U) W C ~, a ,, fB ~ f6 O O~ ~ .-. ~ V y O N L .~ ~ O ~~ C 4 _ ~3 ~ ~ ~~ *-' ~ ~L ~+ - L O U~ O d (~ ~ C N ~ J C fq ~ _ Q ~ (~ L • O ~ N ~_ ~ Q N '''' O V O C U C ~ ~ O O O N M O O O O~ ~ N ~ ~ ' f6 U C ~ O fC O G7 C ~N, C O ++ ~ C ~ C r.+ ~ 0 ~ ~ ~ ~ .~ O Q ~ = N O ~ C .O ~ M a O N O -p 'U O - ~ C N ~ ~ ~ ~ ~ O ~ ~ ~ t N N LL ~ ~ ~ Q = ~ ~ ~ ~ . . ~ ` _ ~+ 'a ~• ~ N ~ ~ ~, ~ a i U ~, ~ ~ ~ ~ ~ ~ ~ i a U i a U . . J ~ •~ '~ cfl ~ ~ c c ~ y M M ~ ~ N N M M LL ~ C ~ O y 2 a '~ ~ c 1° ~ ~ ~ ~ V ' y ~' ~ d v y A L r. 3 ~ ° ~' ~ Y 0 N u. Z m _ W V C O 'c a~ v L C O L U J N o ~ U •~ ORDINANCE 0-09-1708 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTIONS 3.26 AND 3.27, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding fence construction standards and carport requirements; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3, Land Use, Section 3.26, of the Land Development Code, is hereby amended in its entirety to read as shown in the attached Exhibit «A„ Sec. 2. THAT Chapter 3, Land Use, Section 3.27(C)1, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "B". Sec. 3. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 4. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 5. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 6. THAT this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-1708 Page 2 of 2 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" Section 3.26 Fences, Free Standing Walls, and Screening Materials A. Scope This section is to regulate fences, free standing walls and other screening material in a manner so as to promote safety, preserve property values, promote the general welfare of the City of Colleyville, and to enhance the aesthetic quality of the community. 2. No fence, screen, freestanding wall or other visual barrier shall be constructed or placed in such a manner as would endanger the health or safety of the general public. 3. For administrative purposes, all references to fences or walls shall be interpreted to apply to free standing structures. B. Definitions Perimeter Subdivision Fencing. A subdivision perimeter fence shall be construed to be any decorative or security fence along a substantial portion of the boundary or property line of any plat, replat or phase of a plat or replat or filing of a plat or replat as those terms are defined in Chapter 2 -Definitions of this Land Development Code, of any property (1) zoned other than CPO, CN, CC1, CC2, CC3, or ML and shown on an approved plat thereof , or (2) property that is zoned AG, RE, R40, R30, R20, R15, RD, RMF. C. General Reauirements/Prohibitions for all Fences and Free-standing Walls 1. Screening Required in Residential Districts: Nonresidential uses in a residential district shall be suitably screened from view of any adjacent residential lot or dwelling use along the side and rear property lines of such nonresidential use with screening elements and fences of not less than eight (8) feet in height. Said screening requirements shall not be mandatory for public schools, parks or churches, except where active outdoor intensive use area (such as a playground) is adjacent to a residential lot or dwelling. Off-street loading areas of any nonresidential use shall be adequately screened from view of any residential dwelling or lot or of any other adjacent public or semi-public land use with screening elements and fences of not less than (8) feet in height. b. Where a multifamily or mobile home use abuts a one or two family district, or where a mobile home use abuts a one, two or multifamily use or district, the side and rear property lines of said multifamily or mobile home use or district shall be suitably screened from view of any adjacent dissimilar residential dwelling or lot. c. Garbage, refuse, and trash collection/storage areas in any multifamily development, mobile home development, or other nonresidential use permitted in a residential district shall be fully enclosed by a dense screening element to adequately screen such an area from view of the surrounding area. d. Nothing in this section shall restrict the fencing of tennis courts with traditional fencing material to a maximum of twelve (12) feet. 2. Screening Required in Non-Residential Districts: a. Where a nonresidential use abuts a residential lot, use or district, the side and rear property lines abutting said residential lot, use or district shall be suitably screened with a solid fence, by the nonresidential use so as to obscure the view from the residential lot, use or district to the nonresidential use to a height not less than eight (8) feet. Such fence shall consist of wood or masonry materials, or a combination thereof. b. Where a district boundary separating a residential district from a nonresidential district is along a street, and an automobile parking lot or parking area is located in the front yard of the nonresidential use, then said parking lot or parking area facing the residential lot, use or district shall be suitably screened to a height of not less than three and one-half (3-1/2) feet. c. Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable screening element of not less than six (6) feet in height. d. In all districts where open storage is permitted and the screening thereof is required, then such screening shall be provided around the exposed perimeter thereof of not less than six (6) feet in height. e. Off-street loading areas shall be adequately screened from view of any residential dwelling lot or of any other adjacent residential land use. f. All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view. 3. Obstruction Prohibited: No fence, screen, free standing wall or other visual barrier shall be so located or placed that it obstructs the vision of a motor vehicle driver approaching any street, alley or drive intersection. A visual barrier shall be deemed to be any fence, wall, hedge, shrubbery, etc., higher than thirty (30) inches above ground level at the property line, except single trees having single trunks, which are pruned to a height of seven (7) feet above ground level. See Exhibit "3-1". 1111 s AAEA lusr KDT CLEAR A11D NO? IE AllOMEO OISIIUCT 111E ~I Of Igi0A1ST Exhibit " 3-1" Obstructions Prohibited 4. Twenty-Five (25) Foot Visibility Triangle Required: No fence, screen, wall or visual barrier shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25) feet back from the property corner along both streets. See Exhibit "3-2". STAEEi R.o.uL ZS' TYPICAL CjpMER ~ , YISIRI~ITY TRIA11JiE IbT 10 FF IJ7i CLEAR OF YIl1~L, ORST11uJT101a I 1 I I LIME Exhibit " 3-2" Visibility Triangle 5. Barbed Wire Prohibited: Fences constructed of barbed wire and walls topped with broken glass or surfaced with any like material shall be prohibited except as provided below. Barbed wire fences used in conjunction with permitted agricultural, livestock, and related activities, or in industrial districts are permitted without restrictions. Barbed wire strands may be placed on the top of security fences in non-residential districts for the purpose of security from theft, entry and hazard such as around public utility substations and uses of a similar nature, provided the top strand is not higher than eight (8) feet nor the bottom strand lower than six (6) feet from the adjacent grade line. 6. Electrical Fences: Electrical fences and fence charging devices (Underwriters Laboratory approved) shall be plainly marked at a minimum of twenty-five (25) foot intervals as to the nature thereof. 7. Eight (8) Foot Maximum Height: No fence in a residential district shall exceed eight (8) feet in height above ground level at the fence line. 8. Property Owners' Responsibility: The construction of a fence or wall on the property line shall not preclude the property owner's responsibility to maintain and keep the area defined between the extension of the property lines to the back of curb or edge of pavement free and clear of debris and high weeds. See Exhibit " 3-3". AIE- /ETNA 111E CITY;T;EET P~/ER1T L111E dM1Ew'S ;!E AEifOAiJJIL[ ~' TO NAIMTJII~, n-J r~~ f RAT3 C~TT lietET P7GITRIS 3 PkOP>3itTY DWNf3g'S BESPOti"I Exhibit "3-3" Property Owner's Responsibility 9. Public Property.' No fence, guy wire, brace or any post of such fence shall be constructed upon or cause to protrude over property that the City or the general public has dominion and control over, owns or has an easement over, under, around or through, except upon drainage and utility easements which are permitted to be fenced. 10. Floodway Permit Required: The construction of a fence or wall in a foodway as shown on the most recent revision of the "Floodway -Flood Boundary and Floodway Map" prepared by the Federal Emergency Management Agency (FEMA) shall require a development permit as currently required in the City's drainage policies. 11. Swimming Pools: All swimming pools shall be fenced. A solid or chain link type fence or a barrier at least four (4) feet in height shall completely enclose every swimming pool to be constructed. There shall be no openings, holes, or gaps bigger than four (4) inch spaces and no openings whatsoever on horizontal picket type fences. All gates allowing access to the pool area shall be self-closing with self-latching devices located in the upper quarter of the gate. All entrances to the swimming pool area must be able to be secured by a combination or keylocking device. A dwelling house, accessory building, or apartment building may be used as part of such enclosure provided that all entrances to the swimming pool are equipped with gates as described herein. All fences should conform to local governmental codes and restrictions. D. Fence and Free Standing Wall Setback Reauirements 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction shall extend into the required yard on which the home faces. a. The primary fencing material shall be of wrought iron, pre-cast concrete, poured in place concrete, concrete masonry unit, brick, approved wood rail construction, a combination thereof or other similar material approved by the City Building Official. b. On a corner lot, a house shall be deemed to face on that street on which it has least dimension unless otherwise determined by the Building Official. c. Gate setback: Any gate shall be property line to allow vehicle queuing prevent backup along the street determined by the Building Official. set back a sufficient distance from the space in order to maintain safety and to pavement. Sufficient distance shall be d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square feet, and subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said fencing shall be no greater than eight (8) feet in height and shall have no greater than twenty-five (25) percent solid construction within the front yard. Allowed construction materials shall be the same as paragraph "1.a" above. This exception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter, fences and walls within a required side yard adjacent to a street right of way shall meet the following setback standards: A privacy fence or wall (which shall be defined as any fence or wall greater than thirty inches (30") in height or greater than 25 percent opaque construction) within a required street side yard shall be subject to whichever of the following provisions a) through d) shall yield the greatest setback: a. If the subject lot has a street side yard which faces a dwelling front or lot front across the side street, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the property line, except on any lot having either a required side yard less than fifteen (15') feet or an existing primary structure setback less than fifteen (15') feet, then the fence or wall may be constructed with the same setback as the primary structure; or b. If the subject lot backs to the rear of another residential lot, the side yard privacy fence or wall shall be located not less than fifteen feet (15') from the side property line; or c. If the subject lot backs to the side of another residential lot, the side yard privacy fence or wall shall be located not closer to the side property line than the required front setback of the adjoining lot; or d. If the subject lot backs to an alley, the side yard privacy fence or wall shall be located not closer than fifteen feet (15') from the side property line. A decorative wall or fence (which is defined as any wall or fence not greater than thirty inches in height and not greater than twenty-five percent opaque construction) within a required street side yard shall not be placed less than three feet (3') from the side property line, and shall not be subject to the provisions of the preceding sections (a) through (d). 3. Adjacent to Undeveloped Property: Except for perimeter subdivision fencing meeting the requirements in paragraph "1.a" above, no fence or wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid masonry, shall be located less than fifteen (15) feet from the side property line adjacent to the street which leads into undeveloped property. See Exhibit "3-4". City Street (1) Set-back established by district regulations Exhibit " 3-4" Typical 15'-0" Fence Setbacks 4. Rear Fence and Free Standing Wall Setbacks: Fences and walls meeting all of the construction requirements of paragraph "1.a" above and the Uniform Building Code may be erected on the rear property line except; however, lots whose rear property line abuts a public street on which one of the immediate adjacent lots maintains its required front yard, then no fence nor wall greater than thirty (30) inches in height shall be located within fifteen (15) feet of the subject lots rear property line. See Exhibit " 3-4". E. Security Gating Encroachments A front yard fence or screening wall providing support for a security gate and not exceeding a maximum height of 6 feet, may encroach a maximum of 10-feet into the front yard setback of a residential lot when the fence or screening wall meets the following criteria and shown in Exhibit "A".: 1. The fence or screening wall shall attach to a gated entry across the driveway; 2. The fence or screening wall shall attach to the dwelling unit not more than 10 feet from the driveway and extend toward the driveway; 3. The fence or screening wall shall extend to the nearest side property line; 4. The fence or screening wall shall not extend beyond 10 feet into the setback from the dwelling unit; 5. The fence or screening wall shall not enclose nor extend across the entire front yard; 6. The gate and columns may not extend beyond one foot in height above the fence; 7. A minimum setback distance of 20 feet from the fence, screening wall and gate to the front property line shall be maintained. Exhibit "A" ~ ~ SId~ Yud J s.m«k DwNHnp LIm I , UnH ~ Front Yan1 S~tbaek ProMKN LIM- _ Ins Nnnp w.n zo F. Administration 1. Fence Permit Required - It shall be unlawful for any individual, partnership, company or corporation to erect or have erected a fence or any part of a fence of permanent construction in the city limits without first obtaining a fence permit from the Office of Building Inspections. 2. Application for Permit -Any individual, partnership, company or corporation making application for a fence permit must sign an application for same showing the following information: a. Applicants name, address, and in addition, if the applicant represents a company or corporation, the name and address of the supervisor or foreman of said company or corporation and the name of its president. b. Name and owner of the property. c. Local address where fence is proposed to be erected. d. Materials and type of fence construction. e. Height of fence. f. Applicant shall provide engineering plans and specifications for those types of fences where such engineering is deemed appropriate by the Building Official. The engineering plans shall be reviewed and approved by the Building Official prior to issuance of a fence permit. g. Survey showing lot on which the fence is proposed to be erected and the location of adjoining or adjacent lots showing existing structures and fences. The proposed fence shall be delineated by a dark heavy line. In AG zoning districts a scaled plot plan can be submitted in lieu of a survey. Exhibit "B" Subsection C 1. Approval by Special Use Permit Only: In accordance with the Special Use Permit procedures contained in this Chapter of these zoning regulations, no carport shall be built in the City of Colleyville without approval by the City Council for a Special Use Permit to construct a carport in a zoning district that permits single family residential dwellings. ~ ~ ~~~~~~~~ ~~ City of Colleyville 100 Main Street `~' Colleyville, Texas 76034 <<~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1709 File Number: 0-09-1709 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 02/17/2009 Agenda No.: 5b Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 Attachments: Proposed Amendment to Section 3.24(C) -Special Land Use Standards Residential WECS Standards for Cities and Counties Throughout the United States Ordinance 0-09-1709 History of Legislative File Version: Date: Acting Body: Action Text: 1 01/12/2009 Planning and Zoning Commission 1 02/03/2009 City Council 1 02/17/2009 City Council Title Approval of an amendment to Section 3.24-Schedule of Permitted Uses of Chapter 3-Land Use of the Land Development Code regarding wind driven generators, Case G-09-004 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the February 3, 2009 meeting. First Reading and Public Hearing Wind driven generators are currently listed in Table 3.24.8-Schedule of Permitted Principle Uses of the Land Development Code and are permitted by Special Use Permit (SUP) in all zoning districts. There are, however, no specific provisions or minimum requirements regarding wind driven generators in the Land Development Code. Given the lack of any minimum standards in the Land Development Code in addition to the current economic trends, specifically as they relate to energy costs and consumption, staff proposes a list of baseline standards related to the placement and operation of wind driven generators in the City of Colleyville to be added to Section 3.24(C) -Special Land Use Standards in the Land Development Code. The following are recommendations and explanations (in italics) regarding the proposed City of Colleyville Page 1 Printed on 2/12/2009 Agenda Briefing Continued (0-09-1709) amendment to the Land Development Code: - All wind driven generator towers shall be of a monopole design. All wiring shall be buried underground by means of a conduit system. Similar to cellular towers recently built in Colleyville, staff recommends a monopole design as it is more aesthetically pleasing. Modern wind driven generators typically use such designs. The underground conduit would improve the aesthetic of the tower and prevent any overhead wires. - A wind driven generator may only be considered on lots containing a minimum of 1.5 acres. This requirement confines wind driven generators to larger lots which, given their size, allow more flexibility to locate the apparatus to utilize the maximum amount of wind. - The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the existing ground level to the highest point of the blades. Based on the attached survey and research regarding the minimum height needed to operate a successful wind driven generator, staff recommends this height as a base standard. However, standard (c) also limits the height based on required setbacks. - All wind energy structures, including tower and rotor, shall stand independent of any building or structure and shall have a minimum setback from any property line, right-of-way, power line, or other improvement of 1.5 times the height of the wind energy structure. It shall also be located entirely in the rear yard and shall not be located in any required setback. The setback not only helps maintain safety through location, but also prevents smaller properties from constructing a generator at a height disproportionate to all other structures on the subject property. In addition, requiring an applicant to place the wind driven generator in the rear yard aids in maintaining an aesthetic standard. - The maximum noise level shall not exceed 50 dB(a), measured from the property line, adjacent to any residentially zoned property, and 60 dB(a) adjacent to all other zoning districts. From our previous research regarding gas wells, staff recognizes that this level represents the typical level of noise in a residential subdivision. Any new structures added within a subdivision should be held to the same standard. - A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. Alighted monopole would likely be a nuisance to neighboring residents. Staff recognizes no reason, beyond FAA requirements, to permit lighting on a pole. - The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at least 6 feet in height. This would keep the apparatus secure and would prevent children from accessing the tower. - No signage or advertisements shall be allowed on the wind tower. The wind driven generator is for energy conservation purposes. City of Colleyville Page 2 Printed on 2/6/2009 Agenda Briefing Continued (0-09-1709) - A maximum of one wind energy system, including the tower, shall be permitted per lot. Additional poles could create the potential for a wind farm with numerous wind towers. - A wind driven generator, found to be non-productive or unused, for a period exceeding 180 days, shall be immediately removed from the premise and the site returned to its prior condition, at the expense of the property owner. This standard will help maintain an aesthetic appeal and remove obsolete objects from properties. The adoption of these standards would not preclude the City Council from requiring additional standards not listed above as a condition of approving an SUP for a wind driven generator. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the amendments at the January 12, 2009 meeting by a vote of 7-0. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 2/6/2009 Proposed Amendment to Section 3.24(C) -Special Land Use Standards Colleyville Land Development Code 18. Wind Driven Generators - No wind driven generator shall be constructed without approval of a special use permit per Section 3.24 of the Land Development Code. a. All wind driven generator towers shall be of a monopole design. All wiring shall be buried underground by means of a conduit system. b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres. c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the existing ground level to the highest point of the blades. d. All wind energy structures, including tower and rotor, shall stand independent of any building or structure and shall have a minimum setback from any property line, right-of-way, power line, or other improvement of 1.5 times the height of the wind energy structure. It shall also be located entirely in the rear yard and shall not be located in any required setback. e. The maximum noise level shall not exceed 50 dB(a), measured from the property line, adjacent to any residentially zoned property, and 60 dB(a) adjacent to all other zoning districts. f. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at least 6 feet in height. h. No signage or advertisements shall be allowed on the wind tower. i. A maximum of one wind energy system, including the tower, shall be permitted per lot. j. 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L m N 3 E C C U N C N =' U O N N~ Q£j O Y C +' T~N m~ y 7 O 0 d N y~ a 3 O O W ~ p C D C y~ Y C U1 U 5~ m N N p g m f~ Q O ~ O N ~1 N E~ n. ~ O p U C )(O U O- O_ (6 ~O ~ ~O ~ d C l0 O L O U n N 0 .y ~ f6 7 n O L ~Hl ~ U~ y .O .~ N E ~ .~ O y U 7 E N O d Vl U Y d C O 01 O ~ pcp U ~ N~ y~ N L ; O ~ O O C d ~' ~~ ~ C N C N E a ~ y C U T lDp > O U N 1 °~ m N m n~ Q ; a r m Q a E E ~ ~ O O y d t Q V U +. ~ > U ~ a o v c i D ORDINANCE 0-09-1709 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding special land use standards by adding minimum standards for wind driven generators; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 3, Land Use, Section 3.24(C), of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "A". Sec. 2. 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. 3. THAT 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. 4. 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. 5. THAT this ordinance shall take effect immediately from and after 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 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" Section 3.24 -Subsection C: 18. Wind Driven Generators - No wind driven generator shall be constructed without approval of a special use permit per Section 3.24 of the Land Development Code. a. All wind driven generator towers shall be of a monopole design. All wiring shall be buried underground by means of a conduit system. b. A wind driven generator may be considered on lots measuring a minimum of 1.5 acres. c. The maximum height of a wind driven generator shall be no greater than 50 feet, measured from the existing ground level to the highest point of the blades. d. All wind energy structures, including tower and rotor, shall stand independent of any building or structure and shall have a minimum setback from any property line, right-of--way, power line, or other improvement of 1.5 times the height of the wind energy structure. It shall also be located entirely in the rear yard and shall not be located in any required setback. e. The maximum noise level shall not exceed 50 d6(a), measured from the property line, adjacent to any residentially zoned property, and 60 dB(a) adjacent to all other zoning districts. f. A wind tower and generator shall not be artificially lighted unless such lighting is required by the Federal Aviation Administration. g. The wind tower must either (a) have a locked anti-climb device installed on the tower; or (b) be completely enclosed by a locked, protective fence at least 6 feet in height. h. No signage or advertisements shall be allowed on the wind tower. i. A maximum of one wind energy system, including the tower, shall be permitted per lot. j. A wind driven generator, found to be non-productive or unused, for a period exceeding 180 days, shall be immediately removed from the premise and the site returned to its prior condition, at the expense of the property owner. t'.YI <y City of Colleyville 100 Mlain Street Colleyville, Texas 76034 r.,,,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1710 File Number: 0-09-1710 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 02/17/2009 Agenda No.: 5c Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of amendments to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations and Chapter 6, Article 1 of the Code of Ordinances regarding Alcoholic Beverages, Case GC09-001 Attachments: Proposed Amendments to Colleyville Mass Gathering Regulations Proposed Amendments to Colleyville Alcoholic Beverage Regulations Ordinance 0-09-1710 History of Legislative File Version: Date: Acting Body: Action Text: 1 02/03/2009 City Council 1 02/17/2009 City Council Title Approval of amendments to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations and Chapter 6, Article 1 of the Code of Ordinances regarding Alcoholic Beverages, Case GC09-001 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the February 3, 2009 meeting. First Reading and Public Hearing The item was presented to the City Council as a Pre Council item on January 6, 2009. Based on discussion of the proposed amendments, staff has drafted the final proposed changes to the mass gathering and alcoholic beverage regulations for City Council consideration. The original mass gathering regulations, located in Chapter 22 of the Code of Ordinances and adopted by the City Council to control mass gatherings, were enacted by Ordinance 0-73-126 on April 17, 1973 and were amended on December 21, 2004. The purpose of the mass gathering regulations is to protect public safety and quality of life through specific standards for temporary events that address sanitation, food, noise, traffic, temporary structures, signs, etc. The current regulations only apply to events of more than 500 persons at any one time for a period of more than eight hours. Events less than 500 City of Colleyville Page 1 Printed on 2/6/2009 Agenda Briefin_g Continued (0-09-1710) persons only require staff approval as prescribed by the Land Development Code. The 2004 amendments "modernized" the existing regulations and included removing "music festivals" from the regulation language as well as reducing the size of the regulations by removing many redundant requirements related to specific medical, waste and required food supplies. The 2004 regulations also changed the City's issuing officer from the mayor to the building official. Based on comments received at the January 6, 2009 Pre Council meeting, staff proposes the following changes to the current mass gathering and alcoholic beverage regulations: ^ As required by the current mass gathering regulations, any mass gathering permit must be approved by the City Council. Based on direction received by the City Council at the January 6, 2009 Pre Council meeting, staff has not changed this requirement. ^ Changing the issuing officer from the building official to the city manager or his/her designee: This proposed change seeks to increase permit processing flexibility and centralizes staff accountability by placing authority for issuing the permit with the City's chief staff member (city manager), who then may delegate processing and approval of the permit to a department head or manager. ^ Adding a temporary alcohol sales permit for on-premise consumption in conjunction with a mass gathering permit: There is currently no provision in the Code of Ordinances or the Land Development Code that allows alcohol sales at a mass gathering event. Therefore, event attendees must currently bring alcohol purchased off-site to an event, if allowed by the event sponsor and/or property owner and provided no City or State laws are violated. The proposed addition to Chapter 6 would allow the City Council the ability to issue a permit allowing the temporary sale of alcohol for on-premise consumption only in conjunction with an approved mass gathering permit, provided all Texas Alcoholic Beverage Commission requirements are followed. A provision authorizing the police chief to require a police officer(s), at the expense of the event promoter, to be present as a condition of the alcohol permit has also been added to the mass gathering regulations. ^ Requiring insurance, indemnification and a surety bond: With regard to any event that is held on, or involves the use of, any City owned property, sections have been added that require the following: (1) the event sponsor is to provide a certificate of insurance to the issuing officer; (2) the event sponsor shall sign an agreement holding the City harmless for any damage to persons or property in conjunction with the event; and, (3) at the discretion of the issuing officer and/or the City Council, the event sponsor may be required to post a surety bond in the assurance that any City property is cleaned and returned to the condition prior to the event. Other amendments proposed by staff include amending the definition of a mass gathering event to exclude school related activities and City sanctioned sporting events on public property, as well as adding more specific regulations relating to signs, tents and fireworks displays. City of Colleyville Page 2 Printed on 2/6/2009 Agenda Briefing Continued (0-09-1710) Given that the City Council will retain final authority to issue the permit, the submittal schedule will not change. The current submittal requirements are as follows: - An application must be submitted no later than 60 days prior to the event; - Upon receipt of all required documentation, the issuing officer will then schedule the permit application for consideration at a regular City Council meeting. - The City Council considers the mass gathering permit at a regular meeting. In addition to the draft ordinance, the proposed amendments to the mass gathering and alcoholic beverage regulations are also attached with "mark-ups". Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 2/6/2009 Proposed Amendments to Colleyville Mass Gathering Regulations Proposed deletions contain s~~~s; Proposed additions are underlined CHAPTER 22 -BUSINESSES. ARTICLE VI. MASS GATHERING EVENTS Sec. 22-176. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Issuing officer m°^^c +"° h' ~~'~'~^^ ^~^~°'. The city manager or his/her designated representative. Mass gathering events means any outdoor meeting or gathering held inside the city limits or within the extraterritorial jurisdiction of the city in which a#tr-acts-er ,.^„ "° °,,,,°,.+°,~ +„ ,++~,,.+ more than 500 persons er~ae~e are rp event at any one time and who will remain at the location of the gathering for a period of more than eight continuous hours. This definition shall not apply to the following events: ~1) public or private school gatherings such as sporting or educational events where the students are the primary participants; (2) City approved. league sponsored sporting events held within a city owned park. Event sponsor means any person, group of persons, firm, corporation, partnership, or association that organizes, promotes or solicits funds for the organization or promotion of a mass gathering event. Sec. 22-177. Conduct of event; minimum standards. The following minimum standards shall apply in the conduct of mass gathering events permitted under this article: (1) Water supply. a. The event sponsor shall provide access to a supply of potable water on the site where the event is taking place. (2) Toilet facilities. a. The event sponsor shall provide toilet facilities and shall arrange for collection and cleaning at intervals of sufficient frequency to prevent the creation of a health hazard or public nuisance. (3) Solid waste facilities. a. The event sponsor shall arrange for solid waste facilities with the waste collection company holding a franchise with the City of Colleyville. b. All solid waste shall be collected at such frequent intervals as may be necessary to maintain sanitary conditions at the site as determined by the building official. (4) Noise control. Amplifying equipment ese~ shall be designed to control the noise level at the perimeter of the site on which the gathering shall take place and be so operated that at no time more than 70 decibels is registered on the "A" scale at slow response of a standard sound level meter which meets the specifications of the American National Standards Institute. (5) Food sanitation. All food and beverages sold or furnished shall be in accordance with the standards of the Tarrant County Health Department. (6) Medical and nursing care. When required by the Colleyville Fire Chief, the event sponsor shall provide one or more emergency aid stations, which shall be staffed and include suitable temporary shelter, supplies and equipment, at no cost to the City. (7) Signage. T ^nrnr~i c~innnn,~n-III burr-vc-irraP.f~f~ai~^c° ~~ii+h +hn ~nnlin.~hlo s~~Tpa~ln~? ~~?,~pe~ ic. .~nnrn~ierl h~i 4he r~ifii `"'~7 .Signage used in accordance with the event shall comply with the Sign Regulations of the City of Colleyville under the provisions for special event and promotional signage. Any signs not located on the actual premises where the event is being held shall only be approved upon the issuance of a sign permit from the building official. Signs advertising the event or directing potential customers to the event site are expresslyprohibited from placement in the City rights-of-way. A rv~nc~ ~h nn o.• ~ hinh in ~rlec~ ~h ~ of ~ ~en~ c~h~~~ 8) Tents. ~~s~a~e~i„~~eprw,,,~T~~~e-~s~o,--~z~,~„a,T A separate tent permit shall be obtained from the building official in order to erect a tent. Any special event which includes the use of a tent. canopy. or temporary structure shall meet the reauirements in the Building Code and Fire Code. Fire lanes for emergency equipment must be provided and the site prepared in a manner so as not to be a fire hazard as determined by the fire marshal. (9) Alcohol. It is the responsibility of the applicant to obtain City approval for the possession and consumption of alcoholic beverages during a special event. For special events requiring a permit from the Texas Alcoholic Proposed Amendments to Colleyville Mass Gathering Regulations Page 2 of 5 Beverage Commission (TABC) a copy of the state permit shall be required prior to the issuance of a mass aatherina permit. In accordance with the alcohol provisions in the Colleyville Code of Ordinances. the City Council shall have the authority to issue a temporary alcohol sales permit in conjunction with a mass aatherina permit provided all City and State regulations are met. Prior to City Council consideration of the alcohol permit the police chief shall, notwithstanding any requirements of TABC, determine the amount if necessary, of police officers required while alcohol is being served. The cost of any required police officers as part of this permit shall be paid in full by the event sponsor prior to issuance of the temporary alcohol sales permit. (10) Fireworks/pyrotechnic displays. Any use of fireworks or pyrotechnic displays must show proof of application for a state permit and prior to issuance of a mass aatherina permit. A permit from the fire marshal shall be obtained prior to the use of fireworks or pyrotechnics. (11) City sponsorship. Should the event be officially sponsored or co- s~onsored by the City, then certain standards of this chapter may be waived as determined by the issuing officer. (12) Final site cleanup. At the conclusion of the mass gathering, the site shall be inspected by the building official for health and sanitation considerations. The event sponsor shall be responsible for the final site cleanup. The landowner, upon notification by the City of the existence of any unsanitary conditions shall immediately cause such conditions to be corrected. Secs.22-178--22-190. Reserved. Sec. 22-191. Required. No person may act as an event sponsor of a mass gathering event unless a permit has been issued by the City Council under the provisions of this article. Sec. 22-192. Application--Filing; contents. (1) An event sponsor desiring to hold a mass gathering event shall file a permit application with the ~u+ld+ng--e##is+at issuing officer at least 60 days prior to the first day of the mass gathering event. (2) The application for a permit under this article must include: (a) The name and address of the event sponsor. (b) A description of the ^'A^° ~•~"°r° the mass gathering site. Proposed Amendments to Colleyville Mass Gathering Regulations Page 3 of 5 (c) The name and address of the owner of the place where the mass gathering event is to be held and a letter signed by the property owner giving permission to the use the property for the mass gathering event. (d) The dates and times that of the mass gathering event ~° ~^ "° "°'~' (e) The maximum number of persons that the event sponsor will allow to attend the mass gathering event and a statement showing how the event sponsor plans to control the number of persons in attendance at the mass gathering event. (f) A description of the nature of the event. (g) A filing fee of $250.00 must be submitted with the application for a permit. (h) The event sponsor shall attach a letter to the application which addresses the following: i. initial set-up times ii. controlling the number of persons in attendance at the mass gathering event. iii. parking traffic control iv. street closures v. compliance with health requirements regarding food and beverage services, including the provision for potable water vi. plans for emergency services, equipment and personnel vii. plans for event security viii. restroom facilities ix. solid waste collection arrangements x. the sale of alcoholic beverages and identifying minors attending the event xi. clean-up after the event. ~i) Any other information requested by the issuing officer that they may deem necessary in order to consider the permit request. Sec. 22-193. Insurance, Indemnification, Surety Bond. (1) If an event is to be held on city-owned property, the event sponsor shall furnish the issuina officer with a certificate of insurance complying with minimum standards sufficient to protect city-owned property. (2) The event sponsor for a mass gathering permit shall sign an agreement to indemnify and hold harmless the City, its officers, employees. agents. and representatives against all claims of liability Proposed Amendments to Colleyville Mass Gathering Regulations Page 4 of 5 and causes of action resulting from iniury or damage to persons or property arising out of the mass gathering_ (3) The event sponsor may be required to post a surety bond in the assurance that the City property is cleaned and returned to the condition prior to the event. The issuing officer shall determine if the need for a bond exists and shall make the appropriate recommendation to the City Council upon City Council consideration of the permit. Sec. 22-194. Same--Hearing. (1) Upon receipt of all information reauired under Section 22-192 and 193, the issuing officer shall set a date and time for a hearing before the City Council on the application for a permit under this article. The hearing shall occur no later than 30 days prior to the event in auestion. Sec. 22-195. City Council Approval Required. (1) After the hearing on the application for a permit under this article is completed, the City Council shall grant or deny the permit. No permit for a mass gathering event shall be issued by the issuing officer unless the City Council has approved the mass gathering event application. Sec. 22-196. Cash deposit. As a condition precedent to the issuance of a permit under this article, the City Council may require the event sponsor to make a cash deposit with the city to provide an adequate fund for the compensation of such security personnel as may be required to ensure the physical safety of persons and property of persons in attendance, as well as the persons and property of the community directly affected by the mass gathering or event. Sec. 22-197. Contents. A permit, if issued, shall authorize the event sponsor to hold a mass gathering event at a specified place and at specified times. Sec. 22-198. Revocation. At any time, the ~-ild~-e#+eia1 issuing officer may, after reasonable notice to the, event sponsor, revoke the permit on a finding that the failure to carry out the preparations will result in a serious threat to the health or safety of the community or the persons attending the event. Proposed Amendments to Colleyville Mass Gathering Regulations Page 5 of 5 Proposed Amendments to Colleyville Alcoholic Beverage Regulations Proposed additions are underlined CHAPTER 6 -ALCOHOLIC BEVERAGES. ARTICLE 1. IN GENERAL Sec. 6-1. Applicability of chapter. The storage, sale, possession or serving of any alcoholic beverages, when permitted by the laws of the state, shall be regulated and governed as provided herein. Sec. 6-2. Compliance with zoning and Land Development Code. (a) The storage, possession, sale or serving of alcoholic beverages by anyone for the consumption, either on or off the premises, shall be prohibited unless on land zoned specifically for that purpose with a special use permit in accordance with the Colleyville Land Development Code. (b) For any area of the city that was granted a special use permit for alcoholic beverage sales, for either on-premises or off-premises consumption, prior to October 1, 2001, the premises shall be deemed to satisfy the requirements as established by this Code regarding distance from schools, churches, and other types of premises for all new and subsequent renewals of a license or permit. Sec. 6-3. Restrictions on sales within prescribed distances of public and private schools, churches and public hospitals. (a) It shall be unlawful for any person who is engaged in the business of selling alcoholic beverages to sell alcoholic beverages where the place of business of any such person is within 300 feet of any church, public or private school, or public hospital. (b) The measurement of the distance between the place of business where alcoholic beverages are sold and a church or public hospital shall be along the property lines of the street fronts and from front door to front door, and in a direct line across intersections. (c) The measurement of the distance between the place of business where alcoholic beverages are sold and a public or private school shall be in a direct line from the property line of the public or private school to the property line of the place of business and in a direct line across intersections. (d) The city council may allow a variance to this section if it determines that the enforcement of the regulation in a particular instance is not in the best interests of the public, constitutes waste or inefficient use of land or other resources, creates an undue hardship on the applicant for a license or permit, does not serve its intended purpose, or is not effective or necessary, or for any other reason the city council determines, after consideration of the health, safety and welfare of the public and the equities of the situation, that the variance is in the best interest of the community. (e) The term "private school", including a parochial school, means a school offering a course of instruction for students in one or more grades from kindergarten through grade 12, and has more than 100 students enrolled and attending courses at a single location. Sec. 6-4. Hours of sale and consumption. The hours of sale and consumption shall be as required by the Texas Alcoholic Beverage Commission. Sec. 6-5. Alcoholic beverage sales for on-premises consumption must be incidental to hotel, motel, or restaurant. No person shall sell, store, dispense, or otherwise handle for the purpose of sale, or engage in the business of selling, storing, dispensing, or otherwise handling for sale, any alcoholic beverage in the city for on-premises consumption, except in a location where such activity is either incidental and secondary to use on the same premises for hotel or motel purposes, or where incidental and secondary to the sale of food for human consumption, which shall be construed to mean that at least 60 percent of the gross receipts of such business shall be from non- alcohol and food sales. Sec. 6-6. Temporary alcohol sales in conjunction with a mass gatherinq ermit. Provided all requirements of the Texas Alcoholic Beverage Commission are met, the City Council may permit the temporary sale of alcoholic beverages for on- ~remise consumption for a time period not to exceed the length of time approved the event granted under the mass gatherinq permit. A temporary alcohol sales permit may only be granted in conjunction with a mass gathering permit. The restrictions on alcohol sales within prescribed distances of public and private schools, churches and public hospitals as well as the compliance requirements with the zoning and Land Development Code provisions of this chapter shall not apply to a temporary alcohol sales permit permitted under this section. Proposed Amendments to Colleyville Alcoholic Beverage Regulations Page 2 of 2 Ordinance 0-09-1710 Page 7 of 8 sales within prescribed distances of public and private schools, churches and public hospitals as well as the compliance requirements with the zoning and Land Development Code provisions of this chapter shall not apply to a temporary alcohol sales permit permitted under this section. 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 regulations contained in the Code of Ordinances of the City of Colleyville shall remain in effect, except where amended by this ordinance. Sec. 5. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 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 ORDINANCE 0-09-1710 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 22, ARTICLE VI - MASS GATHERINGS AND CHAPTER 6, ARTICLE I - ALCOHOLIC BEVERAGES, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville desires to amend certain regulations pertaining to Mass Gatherings and Alcoholic Beverage Sales; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 22, Article VI -Mass Gathering Events in the Colleyville Code of Ordinances is hereby amended in its entirety to read as follows: CHAPTER 22 - BUSINESSES. ARTICLE VI. MASS GATHERING EVENTS Sec. 22-176. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Issuing officer the city manager or his/her designated representative. Mass gathering events means any outdoor meeting or gathering held inside the city limits or within the extraterritorial jurisdiction of the city in which more than 500 persons are present at any one time and who will remain at the location of the gathering for a period of more than eight continuous hours. This definition shall not apply to the following events: (1) public or private school gatherings such as sporting or educational events where the students are the primary participants; (2) City approved, league sponsored sporting events held within a city owned park. Ordinance 0-09-1710 Page 2 of 7 Event sponsor means any person, group of persons, firm, corporation, partnership, or association that organizes, promotes or solicits funds for the organization or promotion of a mass gathering event. Sec. 22-177. Conduct of event; minimum standards. The following minimum standards shall apply in the conduct of mass gathering events permitted under this article: (1) Water supply. a. The event sponsor shall provide access to a supply of potable water on the site where the event is taking place. (2) Toilet facilities. a. The event sponsor shall provide toilet facilities and shall arrange for collection and cleaning at intervals of sufficient frequency to prevent the creation of a health hazard or public nuisance. (3) Solid waste facilities. a. The event sponsor shall arrange for solid waste facilities with the waste collection company holding a franchise with the City of Colleyville. b. All solid waste shall be collected at such frequent intervals as may be necessary to maintain sanitary conditions at the site as determined by the building official. (4) Noise control. Amplifying equipment shall be designed to control the noise level at the perimeter of the site on which the gathering shall take place and be so operated that at no time more than 70 decibels is registered on the "A" scale at slow response of a standard sound level meter which meets the specifications of the American National Standards Institute. (5) Food sanitation. All food and beverages sold or furnished shall be in accordance with the standards of the Tarrant County Health Department. (6) Medical and nursing care. When required by the Colleyville Fire Chief, the event sponsor shall provide one or more emergency aid stations, which shall be staffed and include suitable temporary shelter, supplies and equipment, at no cost to the City. Ordinance 0-09-1710 Page3of7 (7) Signage. Signage used in accordance with the event shall comply with the Sign Regulations of the City of Colleyville under the provisions for special event and promotional signage. Any signs not located on the actual premises where the event is being held shall only be approved upon the issuance of a sign permit from the building official. Signs advertising the event or directing potential customers to the event site are expressly prohibited from placement in the City rights-of-way. (8) Tents. A separate tent permit shall be obtained from the building official in order to erect a tent. Any special event which includes the use of a tent, canopy, or temporary structure shall meet the requirements in the Building Code and Fire Code. Fire lanes for emergency equipment must be provided and the site prepared in a manner so as not to be a fire hazard as determined by the fire marshal. (9) Alcohol. It is the responsibility of the applicant to obtain City approval for the possession and consumption of alcoholic beverages during a special event. For special events requiring a permit from the Texas Alcoholic Beverage Commission (TABC), a copy of the state permit shall be required prior to the issuance of a mass gathering permit. In accordance with the alcohol provisions in the Colleyville Code of Ordinances, the City Council shall have the authority to issue a temporary alcohol sales permit in conjunction with a mass gathering permit provided all City and State regulations are met. Prior to City Council consideration of the alcohol permit, the police chief shall, notwithstanding any requirements of TABC, determine the amount, if necessary, of police officers required while alcohol is being served. The cost of any required police officers as part of this permit shall be paid in full by the event sponsor prior to issuance of the temporary alcohol sales permit. (10) Fireworks/pyrotechnic displays. Any use of fireworks or pyrotechnic displays must show proof of application for a state permit and prior to issuance of a mass gathering permit. A permit from the fire marshal shall be obtained prior to the use of fireworks or pyrotechnics. (11) City sponsorship. Should the event be officially sponsored or co- sponsored by the City, then certain standards of this chapter may be waived as determined by the issuing officer. (12) Final site cleanup. At the conclusion of the mass gathering, the site shall be inspected by the building official for health and sanitation considerations. The event sponsor shall be responsible for the final site cleanup. The landowner, upon notification by the City of the Ordinance 0-09-1710 Page 4 of 7 existence of any unsanitary conditions shall immediately cause such conditions to be corrected. Secs.22-178--22-190. Reserved. Sec. 22-191. Required. No person may act as an event sponsor of a mass gathering event unless a permit has been issued by the City Council under the provisions of this article. Sec. 22-192. Application--Filing; contents. (1) An event sponsor desiring to hold a mass gathering event shall file a permit application with the issuing officer at least 60 days prior to the first day of the mass gathering event. (2) The application for a permit under this article must include: (a) The name and address of the event sponsor. (b) A description of the mass gathering site. (c) The name and address of the owner of the place where the mass gathering event is to be held and a letter signed by the property owner giving permission to the use the property for the mass gathering event. (d) The dates and times of the mass gathering event. (e) The maximum number of persons that the event sponsor will allow to attend the mass gathering event and a statement showing how the event sponsor plans to control the number of persons in attendance at the mass gathering event. (f) A description of the nature of the event. (g) A filing fee of $250.00 must be submitted with the application for a permit. (h) The event sponsor shall attach a letter to the application which addresses the following: i. initial set-up times ii. controlling the number of persons in attendance at the mass gathering event. Ordinance 0-09-1710 Page 5 of 7 iii. parking traffic control iv. street closures v. compliance with health requirements regarding food and beverage services, including the provision for potable water vi. plans for emergency services, equipment and personnel vii. plans for event security viii. restroom facilities ix. solid waste collection arrangements x. the sale of alcoholic beverages and identifying minors attending the event xi. clean-up after the event. (i) Any other information requested by the issuing officer that they may deem necessary in order to consider the permit request. Sec. 22-193. Insurance, Indemnification, Surety Bond. (1) If an event is to be held on city-owned property, the event sponsor shall furnish the issuing officer with a certificate of insurance complying with minimum standards sufficient to protect city-owned property. (2) The event sponsor for a mass gathering permit shall sign an agreement to indemnify and hold harmless the City, its officers, employees, agents, and representatives against all claims of liability and causes of action resulting from injury or damage to persons or property arising out of the mass gathering. (3) The event sponsor may be required to post a surety bond in the assurance that the City property is cleaned and returned to the condition prior to the event. The issuing officer shall determine if the need for a bond exists and shall make the appropriate recommendation to the City Council upon City Council consideration of the permit. Sec. 22-194. Same--Hearing. (1) Upon receipt of all information required under Section 22-192 and 193, the issuing officer shall set a date and time for a hearing before the City Council on the application for a permit under this article. The hearing shall occur no later than 30 days prior to the event in question. Ordinance 0-09-1710 Page 6 of 7 Sec. 22-195. City Council Approval Required. (1) After the hearing on the application for a permit under this article is completed, the City Council shall grant or deny the permit. No permit for a mass gathering event shall be issued by the issuing officer unless the City Council has approved the mass gathering event application. Sec. 22-196. Cash deposit. As a condition precedent to the issuance of a permit under this article, the City Council may require the event sponsor to make a cash deposit with the city to provide an adequate fund for the compensation of such security personnel as may be required to ensure the physical safety of persons and property of persons in attendance, as well as the persons and property of the community directly affected by the mass gathering or event. Sec. 22-197. Contents. A permit, if issued, shall authorize the event sponsor to hold a mass gathering event at a specified place and at specified times. Sec. 22-198. Revocation. At any time, the issuing officer may, after reasonable notice to the, event sponsor, revoke the permit on a finding that the failure to carry out the preparations will result in a serious threat to the health or safety of the community or the persons attending the event. Sec. 2. THAT Chapter 6, Article I -Alcoholic Beverages in the Colleyville Code of Ordinances is hereby amended by adding a new section, which reads as follows: Sec. 6-6. Temporary alcohol sales in conjunction with a mass gathering permit. Provided all requirements of the Texas Alcoholic Beverage Commission are met, the City Council may permit the temporary sale of alcoholic beverages for on-premise consumption for a time period not to exceed the length of time approved for the event granted under the mass gathering permit. A temporary alcohol sales permit may only be granted in conjunction with a mass gathering permit. The restrictions on alcohol sales within prescribed distances of public and private schools, churches and public hospitals as well as the compliance requirements with the zoning and Land Development Code provisions of this chapter shall not apply to a temporary alcohol sales permit permitted under this section. Ordinance 0-09-1710 Page 7 of 7 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 regulations contained in the Code of Ordinances of the City of Colleyville shall remain in effect, except where amended by this ordinance. Sec. 5. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 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 City Hall (~ ~ €~ City of Colleyville 100 Main Street '`~' Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1711 File Number: 0-09-1711 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 02/17/2009 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code Attachments: 2008 Colleyville Roadway Impact Fees Update Capital Improvements Advisory Committee Meeting Minutes -January 26, 2009 Ordinance 0-09-1711 History of Legislative File Version: Date: Acting Body: Action Text: 01/26/2009 Capital Improvements Advisory Committee 02/17/2009 City Council Title Approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code Explanation First Reading and Public Hearing The City of Colleyville collects Roadway, Water and Wastewater Impact Fees as a function of issuing building permits for new development. Impact fees provide for new public infrastructure improvements. On May 6, 2008 the City Council added Murphy Road and Lavaca Trail to the Master Thoroughfare Plan as minor collector streets. Adding these streets to the Master Thoroughfare Plan allows the City to spend revenues collected from street impact fees on the subject streets. Subsequent to the approval of the street additions to the Master Thoroughfare Plan, staff contracted with Kimley-Horn and Associates, Inc. to undertake an impact fee update, that includes adding Murphy Road and Lavaca Trail to the impact fee project list on the capital improvements plan, included in the attached report. The attached study was completed in November, 2008 and is now ready for consideration and approval. The process for approving the impact fee update is established by State law and contained in Chapter 395 of the Local Government Code. The regulations require a recommendation from the Capital Improvements Advisory Committee (CIAC), which is composed of the Planning and Zoning Commission and two members of the development community. City of Colleyville Page 1 Printed on 2/12/2009 Agenda Brietinp Continued (0-09-1711) Upon approval by the CIAC, the impact fee update will be approved according to the following schedule: - City Council, First Reading and Public Hearing -February 17, 2009 - City Council, Second Reading and Public Hearing -March 3, 2009 A representative of Kimley-Horn and Associates, Inc. will be present at both public hearings in order to present details of the study and to answer any questions from the City Council. Capital Improvements Advisory Committee Recommendations. The Capital Improvements Advisory Committe recommended approval of the impact fee update at the January 26, 2009 meeting by a vote of 8-0. Financial Impact It has been determined that the addition of Murphy Road and Lavaca Trail to the roadway impact fee capital improvements plan will allow impact fee funds to be spent on said streets. Recommendation Approval City of Colleyville Page 2 Printed on 2/12/2009 ~ _.. ~ m .. ~ s. s ~: ~•^ ,,. ..:. .: G ., ~; :~. . .~ : .i. , : ...~ j;r.: ~ ~ ... :~~{~ :s t ..~ .i:,~,.. t% a~ ' 'Y.'A; Vii., x .'~~"t.. .. 4. .' .~ , »rr ~ °M~O ~f~'H , ~ p ~`. r}g i ~.. .. ' a ~ f t _ ,r .. ,~. •, : ~ i t e ~~. _ ~. I ~ 5 :: ~ 4 ~ ~ l '^ :i ~y 3 .. , ,. s „, . ~.. . , . ., ., ..~.....l4.,a.--. . .: . ~ a _ ; .. •`i fi•~ • ~ ~ w:.. n, ,'~~. {; zr;i ~~~` .} n ~Fdy -9t ~ i>2.F v y ~c4'~y ~.'=. ::t.-~rY. -. _~.~ ~ ~~ a Roadway Impact Fee Update City of Colleyville, Texas C~tY of Texas Prepared by: ~ Kimley-Horn ~ and Associates, Inc. 801 Cherry Street, Unit 11, Suite 950 Fort Worth, TX 76102 817.335.6511 November 2008 ©Kimley-Horn and Associates, [nc., 2008 061063012 t/"a~a'a t I • Z't • zoDB city o~ ~ ^ KNT>ley-Howl ~ and Associa6es, Inc. ~ ~ Texas Table of Contents Table of Contents ................................................................................................................................... i I. Introduction ...................................................................................................................................1 II. Roadway Impact Fee Calculation Inputs ...................................................................................... 2 A. Land Use Assumptions ............................................................................................................................. 2 B. Capital Improvements Plan ....................................................................................................................... 2 III. Methodology For Roadway Impact Fees ...................................................................................... 5 A. Service Area ............................................................................................................................................. 5 B. Service Units ............................................................................................................................................ 5 C. Cost Per Service Unit ................................................................................................................................ 6 D. Cost of the CIP ......................................................................................................................................... 6 E. Service Unit Calculation ........................................................................................................................... 8 IV. Impact Fee Calculation ................................................................................................................12 A. Maximum Assessable Impact Fee Per Service Unit ................................................................................. 12 B. Plan For Awarding the Roadway Impact Fee Credit ................................................................................ 15 C. Service Unit Demand Per Unit of Development ....................................................................................... 17 V. Sample Calculations ....................................................................................................................19 VI. Conclusion ................................................................................................................................... 20 APPENDICES ..................................................................................................................................... 21 A. Opinion of Project Cost Worksheets ........................................................................................................ 21 B. CIP Service Units of Supply .................................................................................................................... 21 C. Existing Roadway Facilities Inventory .................................................................................................... 21 2008 Roadway Impact Fee Update 1 November 2008 City of Colleyville, Texas C1tY of ^ ~ ^ ICNTIIe~I-FIOCCI ~ 811d ASSOCI~S, If1C. Texas List of Exhibits 1 Capital Improvements Plan for Roadway Impact Fees ...................................................................... 4 List of Tables 1 Capital Improvements Plan for Roadway Impact Fees ....................................................................... 3 2 Level of Use Table ............................................................................................................................ 5 3 Capital Improvements Plan for Roadway Impact Fees with Conceptual Level Cost Opinions ............. 7 4 Transportation Demand Factor Calculations .................................................................................... 10 5 Ten Year Growth Projections .......................................................................................................... 11 6 Maximum Assessable Roadway Impact Fee .................................................................................... 14 7 Land Use/Vehicle-Mile Equivalency Table (LUVMET) .................................................................. 16 2008 Roadway Impact Fee Update ij November 2008 City of Colleyville, Texas ^ ~ ^ andAssoc~es, Inc. I. INTRODUCTION c--y of Texas Chapter 395 of the Texas Local Government Code describes the procedure Texas cities must follow in order to create and implement impact fees. Senate Bi11243 (SB 243) amended Chapter 395 to define an Impact Fee as "a charge or assessment imposed by a political subdivision against new development in order to generate revenue for funding or recouping the costs of capital improvements or facility expansions necessitated by and attributable to the new development." Chapter 395 mandates that impact fees be reviewed and updated at least every five (5) years. Accordingly, the City of Colleyville has initiated a review of its Land Use Assumptions, Capital Improvements Plan, and Impact Fees. The City previously adopted an ordinance on August 2, 2006 updating their water, wastewater and roadway impact fees. Although it is two (2) years since the previous update, the City of Colleyville desired modifications to the Roadway Capital Improvements Plan for Impact Fees, which necessitated this update. The City has retained Kimley-Horn and Associates, Inc., to provide professional transportation engineering services for the update of their Roadway Impact Fees. This report includes the update of the impact fee calculation in accordance with Chapter 395 and the adopted revisions to the Roadway Capital Improvements Plan. This report introduces and references two of the basic inputs to the Roadway Impact Fee: the Land Use Assumptions and the Capital Improvements Plan (CIP). Information from these two components is used extensively in the remainder of the report. This report consists of a detailed discussion of the methodology for the computation of impact fees. This discussion - Methodology for Roadway Impact Fees and Impact Fee Calculation addresses each of the components of the computation and modifications required for the update. The components include: • Service Areas • Service Units • Cost Per Service Unit • Cost of the CIP • Service Unit Calculation • Maximum Assessable Impact Fee Per Service Unit • Service Unit Demand Per Unit of Development This report also includes a section concerning the Plan for Awarding the Roadway Impact Fee Credit. In the case of Roadway Impact Fees, this involves the calculation of a credit from the maximum assessable impact fee for the use of ad valorem taxes to fund the CIP for Impact Fees. The final section of the report is Conclusion, which presents the findings of the Roadway Impact Fee update. 2008 Roadway Impact Fee Update 1 November 2008 City of Colleyville, Texas ~ ~ 8f1K dASSOCl31t'S, ~f1C. G-ty of 7'eza8 II. ROADWAY IMPACT FEE CALCULATION INPUTS A. LAND USE ASSUMPTIONS Upon review of the land use assumptions prepared for the 2006 update, it was determined that assumptions used in that study remain valid and are still representative of the growth that will occur over between the ten year window (2005 - 2015). As a result, the land use assumptions used in this report (as prepared by the City of Colleyville) are presented in Section 3 of the 2006 update. B. CAPITAL IMPROVEMENTS PLAN The City has identified the City-funded transportation projects needed to accommodate the projected growth within the City. The Capital Improvements Plan (CIP) for Roadway Impact Fees is a list of these projects. The CIP includes arterial class roadway facilities, as well as intersection improvements. All of the arterial facilities are part of the currently adopted Master Thoroughfare Plan. It should be noted that the Capital Improvements Plan is a listing of both proposed capacity improvement projects and recently completed projects with excess capacity available to serve new growth. The CIP for Roadway Impact Fees that is proposed for the Impact Fee Update is listed in Table 1 and mapped in Exhibit 1. The table shows the length of each project as well as the facility's Master Thoroughfare Plan classification. The CIP was developed in conjunction with input from City of Colleyville staff and represents those projects that will be needed to accommodate the growth projected in the Land Use Assumptions report. 2008 Roadway Impact Fee Update 2 November 2008 City of Colleyville, Texas ^ ~ ^ ICimley-F~m ~ and Associates, Inc. C1tY o! Texas Table 1. 10-Year Capital Improvement Plan for Roadway Impact Fees Service I Proj # I Classification Area 1 P6D 2 M4U 3 M4U 4 MC4U 5 C2U 6 M4D 7 MC4U 8 M4D 9 M4U to M2u 1 11 M2U 12 C3U l3 C2U I-1 Intersection I-2 Intersection I-3 Imersection I-4 Intersection I-5 Intersection I-6 Intersection I-7 Intersection 1-8 Intersection 1 P6D 14 MC4U 15 C3U 16 C2U 17 C2U lg M4U 19 C2U 20 C2U 21 MC4U 2 22 MC2U 23 M2U 24 C2U 25 MC4U 26 MC2U 27 MC2U Roadway Limits Length (~) to Service Area Colleyville Bivd. S. City Limits to N. City Limits 4.18 50°!0 Brown Trl. (1) Cheek-Spazger Rd. to Mountain Laurel Ln. 0.23 100 (2) Brown Trl Mountain Laurel Ln. to S. City Limits 0.31 100 . Cheek-Spazger Rd. to Glade Rd. 1.14 100 Heritage Ave. Cheek-Spazger Rd. to Glade Rd 0.90 100 % Bedford Rd. SH 26 [o S camoce Dr. 0.90 100 Hall Johnson Rd. Glade Rd. to Hall-Johnson Rd. 0 80 l00 % Riverwalk Dr. Riverwalk Dr. to SH 26 0.21 100 Church St (1) SH 26 to Bedford Rd. 0 27 100 % Glade Rd. (1) Bedford Rd. to Maztin Pkwy. 2.23 100 % Glade Rd (2) Martin Pkwy. [o Heritage Ave. 0.45 100 Glade Rd (3) Glade Rd to SH 26 0.26 100 Thompson Tettace Glade Rd. [o N. City Limits 0.39 100 Roberts Rd. &Cheek-Sparger Rd. Brown Trl Intersection Improvements n/a 100 % . Glade Rd. & Riverwalk Dr. Intersection Improvements n/a 100 100% Bedford Rd. &Cheek-Sparger Rd, Signallnstallation n/a rila 100 Jackson Rd. &Cheek-Sparger Rd. Intersection Improvements n/a 100 % Maztin Pkwy. &Cheek-Sparger Rd. Intersection Improvements n/a 100 Pool Rd & Glade Rd. Intersection Improvements n/a 100% Heritage Ave. &Cheek-Sparger Rd. Signal Installation n/a 100 Bedford Rd., Thom son Terrace, Villa a Park Glade Rd. Intersection Im rovements 50 , ColleyvilleBlvd. S. City Limits to N. City Limits 4.18 Bransford Rd. (1) Glade Rd. to Timberline St. N. p,qq 100% Bransford Rd. (2) Timberline St. N. to L.D. Lockett Rd 0.75 100 D. Lockett Rd. to Westcoat Dr. L 0.35 100 White Dr. . Lockett Rd. to John McCain Rd. D L 1.20 100% Westcoat Dr. Glade Rd (4) . . West Ci Limit to Bransford Rd 0.99 100 McDonwell School Rd. (1) Precinct Line Rd ro Herbert St. 0.13 100 McDonwell School Rd. (2) Herbert St. to W estcoat Dr. 0.99 100 % Church St. (2) Pleasant Run Rd. to SH 26 0,27 100 John McCain Rd. Westcoat Dr. to SH 26 1.69 100 Pleasant Run Rd. SH 26 to N. City Limits 2 61 100 Lockett Rd. D L Precinct Line Rd. [o Pleasant Run Rd. 1.93 100 . . Pleasant Run Rd. to SH 26 0.43 100% Bogart Dr. Precinct Line Rd, to Mustang TrL 0.56 100 Lavaca Trl. Precinct Line Rd. to 2,465 feet W. of Precinct Line Rd . 0.47 100 Murphy Rd. McDonwell School Rd. &Westcoat Dr. Intersection Improvements n/a ]00% r John McCain Rd. & Pleasant Run Rd. Intersection Improvements n/a 100 & Prencinct Line Rd. Lockett Rd D L Intersection Improvements n/a 100% . . . John McCain Rd. &Westcoat Dr. n Intersection Im rovements n/a 100 3 November 2008 2008 Roadway Impact Fee Update City of Colleyville, Texas ~ ~ " `~'~ l ~ ~ m Y w ° u, ~? ~ ` -: -- ~ - -~ _. i ~_ I ~ _ ~ ~ '~ a i o ~ co ~i ~ Z ~ U ~ a ~ ~ ~ ~ ,, , ~ ~ a> ~ d w o ~ ~ „~ ~ ~ ' ~ ~ -_ 0 ~- ~ ao L ~ •- ~ ' ' ~ ~ O ..I L ~ L ~ ~ .. ~ ~ N , ~ ~ 5 O r: . . ~ N ~ ~ ~ a16i ~ ~ ~ ... O 5 ~ fn v~ ~ ~ (~ ~ X ~ I } 1. Z .. .~ --_ _ ~ .. ___-__. ., nya eluaF{ -.- , - T - ® ~ , ., / ~_. ( ~> jvs 1 ~ ~ ". .:. it sYe4o ~ i F...._ ..r-'. j '`~ __.~ , _ - ~ - ~ - T, ~ ~ _._ i _t - -.. ~ 1 AA _, ..~_.. - i - ~ F ~ - ~ - - -~. _. Pawod .od, --- , ~~ _ _ :._ aP' ~ ~ i ~ ~ -- ° ~.. X ~~, _ ~ ~.. ,. ` ~ 41 ~ i neo uo O 1 1 YY -. _~-. .~~~ ~ .~'~ ~ ~ ~ CIE ' ' ~ ' ~ ~ f r r I l _.__ ~ ~~~ a 'i ! ~ , c ~ ~ `* ~ m . ~ _ O 1 ~ ~) ~ ~ U ® - -'Y 1 -a ~- - ~- m ~ ~ _ ~ ~ I Pt l una 7ue s ea~d m c ~..____ ~ . __- ~ ® U ~ ~ -~ ~ _ q i I P2l y auesee y ~ ° ~, ® ', , o~`~ N ~°~ Pd~ P~opsue ~ ~',. ~ j `' - '. m a N ' h ~ c ~ ~ 1 ~- `_ 3 ~ ~ . m ~ m A r , ~ip ~eooaseM E ~ ~ T ' U ' i i , ti ~ ~.,~ tp ~ i ~ m Y /\ / i Z i ~ - ~ 8 . ~ j 9 ~ v ~ ~ I ,. f ~ ~~ ~ ~ ~ ~ , ~ ~ : ~ ~ / ~ t 3 ~~ a e~ ~ is u a ~ _~ I ~ ~. o -.- - ~ ~ ~ ~ ' _ v ~ i ti •, ° ~' m , ~G - ~• ~ i ~ _ ~ , a - I c ~e ~ ~ I ~ - ~ ~ t ,. ~ ~ o _ _ cur or y-~ ~ - ~ 8114 ASSOCI~ES, If1C. (~ Texas III. METHODOLOGY FOR ROADWAY IMPACT FEES A. SERVICE AREA The service areas used in the 2008 Roadway Impact Fee Update are shown in the previously referenced Exhibit. The two (2) service areas cover the entire corporate boundary of the City of Colleyville. Chapter 395 of the Texas Local Government Code specifies that "the service area is limited to an area within the corporate boundaries of the political subdivision and shall not exceed six (6) miles." An inspection of the service areas utilized in the previous roadway impact fee indicates the assumed number of service areas of two (2) is reasonable because they are approximately four (4) miles in diameter. B. SERVICE UNITS The "service unit" is a measure of consumption or use of the capital facilities by new development. In other words, it is the measure of supply and demand for roads in the City. For transportation purposes, the service unit is defined as a vehicle-mile. On the supply side, this is a lane-mile of an arterial street. On the demand side, this is a vehicle-trip of one-mile in length. The application of this unit as an estimate of either supply or demand is based on travel during the afternoon peak hour of traffic. This time period is commonly used as the basis for transportation planning and the estimation of trips caused by new development. Another aspect of the service unit is the service volume that is provided (supplied) by a lane-mile of roadway facility. This number, also referred to as capacity, is a function of the facility type, facility configuration, number of lanes, and level of service. The hourly service volumes used in the Roadway Impact Fee Update are based upon Thoroughfare Capacity Criteria published by the North Central Texas Council of Governments (NCTCOG). Table 2 shows the service volumes as a function of the facility type. Table 2. Level of Use Table Facility Type Median Configuration Hourly Vehicle-Mile Capacity per Lane-Mile of Roadwa Facilit Divided 700 Arterial Undivided 650 Collector Undivided 575 2008 Roadway Impact Fee Update $ November 2008 City of Colleyville, Texas ^ ~ ^ Kimley-Hom ~ and Associaties, Inc. C. COST PER SERVICE UNIT Gity o/ Texas A fundamental step in the impact fee process is to establish the cost for each service unit. In the case of the roadway impact fee, this is the cost for each vehicle-mile of travel. This cost per service unit is the cost to construct a roadway (lane-mile) needed to accommodate avehicle-mile of travel at a level of service corresponding to the City's standards. The cost per service unit is calculated for each service area based on a specific list of projects within that service area. The second component of the cost per service unit is the number of service units in each service area. This number is the measure of the growth in transportation demand that is projected to occur in the ten-year period. Chapter 395 requires that Impact Fees are assessed only to pay for growth projected to occur within the next ten-years, a concept that will be covered in a later section of this report. As noted earlier, the units of demand are vehicle-miles of travel. D. COST OF THE CIP The costs that may be included in the cost per service unit are all of the implementation costs for the Impact Fee Update, as well as project costs for arterial system elements within the Capital Improvements Plan. Chapter 395 of the Texas Local Government Code specifies that the allowable costs are "...including and limited to the: 1. Construction contract price; 2. Surveying and engineering fees; 3. Land acquisition costs, including land purchases, court awards and costs, attorney's fees, and expert witness fees; and 4. Fees actually paid or contracted to be paid to an independent qualified engineer or financial consultant preparing or updating the capital improvements plan who is not an employee of the political subdivision." The engineer's opinion of the probable costs of the projects in the CIP is based, in part, on the calculation of a unit cost of construction. This means that a cost per linear foot of roadway is calculated based on an average price for the various components of roadway construction. This allows the probable cost to be determined by the type of facility being constructed, the number of lanes, and the length of the project. The cost for location specific items such as bridges, traffic signals, highway ramps, drainage structures, and any other special components are added to each project as appropriate. In addition, based upon discussions with City of Colleyville staff, state and county highway projects in which the City will contribute a portion of the total project cost, or those projects which have been completed, have been included in the CIP as lump sum costs. Table 3 is the CIP project list for each service area with planning level probable project costs. Detailed cost projections and methodology used for each individual project can be seen in Appendix A, Opinion of Project Cost Worksheets. It should be noted that these tables reflect only conceptual-level opinions or assumptions regarding the portions of future project costs that are recoverable through impact fees. Actual costs of construction are likely to change with time and are dependent on market and economic conditions that cannot be precisely predicted at this time. This CIP establishes the list of projects for which Impact Fees may be utilized. Essentially, it establishes a list of projects for which an impact fee funding program can be established. This is different from a City's construction CIP, which provides a list of projects for which the City is committed to building. The cost projections utilized in this study should not be utilized for the City's building program or construction CIP. 2008 Roadway Impact Fee Update ( November 2008 City of Colleyville, Texas ^ ~ ^ Kimley-Hom ~ and Associates, Inc. City o! Tozas Table 3. 10-Year Capital Improvement Plan for Roadway Impact Fees with Conceptual Level Cost Opinions Service Area Proj. # Classificadon Roadway Limi6 Length (~) ~ to Service Area Todl Project Cost Coat in Service Area 1 P6D Colleyville Blvd S. Ciry Limits to N. City Limits 4.18 50% $ 5,000,000 $ 2,SOQ,000 2 M4U Brown Trl. 1 Cheek-S ar er Rd. to Mountain Laurd Ln. 0.23 1(10% $ 675,732 $ 675,732 3 M4U Brown Trl. (2) Mountain Laurel Ln. m S. Ci Limas 0.31 100% $ 1,360,000 $ 1,360,000 4 MC4U Heritage Ave. Cheek-Sparger Rd. m Glade Rd. 1.14 100% $ 7,680,000 $ 7,68Q,000 5 C2U Bedford Rd Cheek-Sparger Rd. m Glade Rd. 0.90 100% $ 3,760,000 $ 3,780,000 6 M4D Hall JoMson Rd. SII 26 to Sycamore Dr. 0.90 100% $ 4,047,431 $ 4,047,431 7 MC4U Riverwalk Dc Glade Rd mHall-Johnson Rd. 0.80 100% $ 544,070 $ 544,070 8 M4D Church St. (1) Riverwalk Dr, to SH 26 0.21 100°/ $ 1,050,000 $ 1,050,000 9 M4U Glade Rd. (1 SH 26 to Bedford Rd. 0.27 100% $ 1,200,000 $ 1,200,000 10 M2U Glade Rd (2) Bedford Rd. m Martin Pkwy. 2.23 100% $ 9,84Q,000 $ 9,640,000 I l M2U Glade Rd (3) Martin Pkwy. m Hera a Ave. 0.45 100% $ 3,175,474 $ 3,175,474 1 12 C3U Tho son Terrace Glade Rd to SH 26 0.26 100% $ 900,000 $ 900,000 13 C2U Roberts Rd. Glade Rd to N. City Limits 0.39 100% $ 1,320,000 $ 1,32Q,000 I-1 Intersection Brown irl. & Cheek-S ar r Rd. Inersection Im rovements n/a 100% $ 87,190 $ 67,190 I-2 Intersection Glade Rd. & Riverwalk Dr. Intersection Improvements da 100% $ 385,0(10 $ 385,000 I-3 Intersection Bedford Rd. & Cheek-Sparger Rd. Signal Installation n/a 100% $ 16Q,000 $ 150,000 I-4 Intersection Jackson Rd. & Cheek-Sparger Rd. Intersection Improvements da 100% $ 1,060,000 $ 1,060,000 I-6 Intersection Martin P . & Cheek-S arger Rd Intersection Improvements n/a 100% $ 637,000 $ 637,000 I-6 Intersection Pool Rd & Glade Rd Intersection Improvements da 100% $ 1,055,000 $ 1,055,000 I-7 Intersection Herita a Ave. & Cheek-S ar er Rd. Si nal Installation n/a 100% $ 150,000 $ 150,000 I-8 Intersection Glade Rd., Bedford Rd., Thom son Terrace, Villa a Park Intersection Im rovements Na 100% $ 643,200 $ 643,200 Service Area Project Cost Subtotal S 42 40 097 Roadwa Im act Fee Stud Cost 500 'total Cos[ in SF:KV ICB AKEA 1 $i2,Z47,5Y7 1 P6D Colleyville Blvd S. City Limits to N. Ciry Limits 4.1 B 50% $ 5,000,000 $ 2,500,000 14 MC4U Bransford Rd (1) Glade Rd. to Timberline St. N. 0.44 100% $ 1,770,0011 $ 1,770,000 IS C3U BransCord Rd (2) Timberline BL N. m L.D. Locket Rd. 0.75 100% $ 2,590,000 $ 2,59Q,000 16 C2U While Dr. L.D. Locked Rd to Westcoat Dr. 0.35 100% S 1,160,000 $ 1,160,000 17 C2U Westcoat Dr. L.D. Lackdt Rd. mJohn McCain Rd. 1.2 100% $ 3,970,000 $ 3,970,000 18 M4U Glade Rd. (4) West City Limit w Bransford Rd. 0.99 100% $ 4,380,0(10 $ 4,380,000 19 C2U McDOnwell School Rd. (1 Precinct Line Rd. m Herbert St. 0.13 1(10% $ 339,113 $ 339,113 20 C2U McDonwell School Rd. (2) Herbert SL to Westcoat Dc 0.99 100% $ 3,290,000 $ 3,290,000 21 MC4U Church SC (2) Pleazant Run Rd. m SH 26 0.27 100°/ $ 1,960,000 $ 1,960,000 22 MC2U John McCaat Rd. Westcoat Dr. to SII 26 1.69 100% $ 6,760,000 $ 6,760,000 2 23 M2U Pleasant Run Rd. SH 26 m N. City Limits 2.61 100% $ 12,310,000 $ 12,310,000 24 C2U L.D. Lockett Rd. Precinct Lire Rd. m Pleasant Run Rd. 1.93 100% $ 6,410,000 $ 6,41 Q000 25 MC4U Bogart Dr. Pleazant Run Rd m BH 26 0.43 100% $ 1,290,000 $ 1,290,000 26 MC2U Lavaca Trl. Precirct Line Rd to Mustang Trl. 0.56 100% $ 1,500,000 $ 1,500,000 27 MC2U Murphy Rd. Precinct Line Rd to 2,465 fed W. oFPrecinct Line Rd 0.47 100% $ 1,870,000 $ 1,87Q,000 I-9 Inersecton McDanwdl School Rd. &Westcoat Dr. Intersection Improvementa n/a 100°/ $ 451,000 $ 451,000 I-10 Intersection John McCaat Rd. &. Pleasant Run Rd. Intersection I rovements da 100% $ 900,000 $ 900,000 I-11 Intersection L.D. Locked Rd & Prencinct Line Rd. Intersection Improvements da 100% $ 15,083 $ 15,083 1-12 Intersmtion John McCain Rd. &Westcoat Dr. Intersection Improvemmta Na 100% $ 226,000 $ 226,000 Service Ares Project Cost Subtotal 53 691 196 Roadwa Im act Fee Stud Cost 7500 1'Otal Cost m SLR KV ICL~ AKL~ A L T5;7,bYiS,690 Total Cost $95,946,293 Note: These costs projections have been developed for Impact Fee calculations only and should not be used for any future Capital Improvement Planning within the City of Colleyville. 2008 Roadway Impact Fee Update "J November 2008 City of Colleyville, Texas 8I1K~y S, ~IIC. E. SERVICE UNIT CALCULATION Clty of Texas The basic service unit for the computation of Colleyville's roadway impact fees is the vehicle- mile of travel during the afternoon peak-hour. To determine the cost per service unit, it is necessary to project the growth in vehicle miles of travel for the service area for the ten-year period. The growth in vehicle miles from 2005 to 2015 is based upon projected changes in population and employment for the period. In order to determine this growth, estimates of population, basic employment, service employment, and retail employment for 2005 were made by the City, along with projections for each of these demographic statistics through 2015. As previously noted, the land use assumptions developed for the 2006 update remain valid and are representative of the ten-year window. The Land Use Assumptions report details the growth estimates used for impact fee determination. The population and employment statistics in the Land Use Assumptions provides the "independent variables" that are used to calculate the existing (2005) and projected (2015) transportation service units used to establish the roadway impact fee maximum rates within each service area. The roadway demand service units (vehicle miles) for each service area are the sum of the vehicle miles "generated" by each category of land use in the service area. For the purposes of impact fees, all developed and developable land is categorized as either residential or non-residential. For residential land uses, the existing and projected population is converted to dwelling units. The number of dwelling units in each service area is multiplied by a transportation demand factor to compute the vehicle miles of travel that occur during the afternoon peak hour. This factor computes the average amount of demand caused by the residential land uses in the service area. The transportation demand factor is discussed in more detail below. For non-residential land uses, the process is similar. The Land Use Assumptions provides existing and projected number of building square footages for three (3) categories of employment -basic, service, and retail. These categories correspond to an aggregation of other specific land use categories based on the NAICS (North American Industrial Classification System). Building square footage is the most common independent variable for the estimation of non- residential trips in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 7`" Edition. This statistic is more appropriate than the number of employees because building square footage is tied more closely to trip generation and is known at the time of application for any development or development modification (e. g. increase in density or change in land use) that would require the assessment of an impact fee. The existing and projected land use assumptions for the dwelling units and the square footage of basic, service, and retail land uses provide the basis for the projected increase in vehicle miles of travel. As noted earlier, a transportation demand factor is applied to these values and then summed to calculate the total peak hour vehicle-miles of demand for each service area. 2008 Roadway Impact Fee Update $ November 2008 City of Colleyville, Texas c-cy or ~ ^ Kirr~ey-Hom ~ and Associates, Inc. ~ ~ Ttzas The transportation demand factors are aggregate rates derived from two sources -the ITE Trip Generation Manual, 7`h Edition and the latest Regional Origin-Destination Travel Survey performed by NCTCOG. The ITE Trip Generation Manual, 7`h Edition provides the number of trips that are produced or attracted to the land use for each dwelling unit, square foot of building, or other corresponding unit. For the retail category of land uses, the rate is adjusted to account for the fact that a percentage of retail trips are made by people who would otherwise be traveling past that particular establishment anyway, such as a trip between work and home. These trips are called pass-by trips, and since the travel demand is accounted for in the land use calculations relative to the primary trip, it is necessary to discount the retail rate to avoid double counting trips. The next component of the transportation demand factor accounts for the length of each trip. The average trip length for each category is based on the region-wide travel characteristics survey conducted by NCTCOG. The computation of the transportation demand factor is detailed in the following equation: TDF = 1 *(1-1 b)*Lmax where... Lmax - ri11ri(L ~ OD or 4) Variables: TDF =Transportation Demand Factor, T =Trip Rate (peak hour trips /unit), Pb =Pass-By Discount (% of trips), Lmax =Maximum Trip Length (miles), L =Average Trip Length (miles), and OD = Origin-Destination Reduction (50%) The maximum trip length was limited to four (4) miles based on the maximum trip length within each service area. Chapter 395 of the Texas Local Government Code allows for a service area diameter of six (6) miles; however the service areas within Colleyville are more closely approximated with a four (4) mile diameter. The adjustment made to the average trip length statistic in the computation of the maximum trip length is the origin-destination reduction. This adjustment is made because the roadway impact fee is charged to both the origin and destination end of the trip. For example, impact fee methodology will account for a trip from home to work within Colleyville to both residential and non-residential land uses. To avoid counting these trips as both residential and non-residential trips, a 50% origin-destination (OD) reduction factor is applied. Therefore, only half of the trip length is assessed to each land use. 2008 Roadway Impact Fee Update 9 November 2008 City of Colleyville, Texas C-ty of ^ ~ ^ andAss mss, Inc. Texas Table 4 shows the derivation of the Transportation Demand Factor for the residential land uses and the three (3) non-residential land use categories. The values utilized for all variables shown in the transportation demand factor equation are also shown in the table. Table 4. Transportation Demand Factor Calculations Variable Residential Basic Service Retail T 1.01 0.98 1.49 5.06 Pn 0% 0% 0% 30% L 17.21 10.02 10.92 6.43 Lmax * 4.00 4.00 4.00 3.22 TDF 4.04 3.92 5.96 11.39 * L,,,~ is less than 4 miles for retail land uses; therefore this lower trip length is used for calculating the TDF for retail land uses The application of the demographic projections and the transportation demand factors are presented in the 10-Year Growth Projections in Table 5. This table shows the total vehicle miles by service area for the years 2005 and 2015. These estimates and projections lead to the Vehicle Miles of Travel for both 2005 and 2015. 2008 Roadway Impact Fee Update 10 November 2008 City of Colleyville, Texas ~ ~ 2f1d ASSOCISfES, If1C. y 0 U ~O L QI Q it ~M d O p"~ F"~ v pN ta0 N N r O a O N oMi N W N v a0 Of N N r 10 N ~ ~ N a N O ~ ~ ~ } } N O! N b G N O N N V ~ M ~ a f. OI P'f r C -o C f0 N U) ~ N N r C ~ p~ y O N N a d N U ~ A ~ D ~ 7. N ~ ~ li `p ~ N N ~ ~ W ~ ~ : c ~ o~ j oe J 2 ~ ' ~ .N. ~ ~ ~ G G O ~ ~ H > w C ~ _' C ~ ~ w ~ ~ ~ ~ ~ ~ ', J 3 LL ~ ~ O ~ ~ ~ N ~ ~ N ~ _ s a v, I= a ; m C U C CO C Q1 L GD ~ ~ N ~ r rn O =, N 0 T O J l0 r . D O LL G ~ ~ ~ C ~ ~ ~ _O ~ O av c Cv V' p l T N j j ~ (0 O N n y v ~ y 4j E A v) m N C. N ~ D ~ ~ ~ ~ d ~ ~ CO ~ ~ p y Q C r N G ~ ~ ~ ~ ~ J 6~ J ~ U ~ m o~ ~ o a `~ 2 u i m U Z LL N <~ N O N N O N aOa N O ~ N yQW W N N V W N Z ~ ~ O N (O N ~ µS~ ~n ~n N W J_ ~ W W J V p~( F ~ W OC a- N N city of Texas 2008 Roadway Impact Fee Update j j November 2008 City of Colleyville, Texas ^ IIIIIIIII~ ^ Kirrlley-lion ~ antl ASSOCiafies, Inc. IV. IMPACT FEE CALCULATION cuy or TexaB A. MAXIMUM ASSESSABLE IMPACT FEE PER SERVICE UNIT This section presents the maximum assessable impact fee rate calculated for each service area. The maximum assessable impact fee is the allowable cost of the CIP for Roadway Impact Fees for the service area, divided by the growth in travel attributable to new development projected to occur within the 10-year period. A majority of the components of this calculation have been described and presented in previous sections of this report. The purpose of this section is to document the computation for each service area and to demonstrate that the guidelines provided by Chapter 395 of the Texas Local Government Code have been addressed. Table 6 illustrates the computation of the maximum assessable impact fee computed for both service areas. Each row in the table is numbered to simplify explanation of the calculation. Line Title Descri lion Total Vehicle-Miles of The total number of vehicle-miles added to the service area based on 1 Capacity Added by the the capacity, length, and number of lanes in each project (from CIP Ap endix B -CIP Units of Su ly Each project identified in the Impact Fee CIP will add a certain amount of capacity to the City's roadway network based on its length and classification. This line displays the total amount added within each service area. Total Vehicle-Miles of A measure of the amount of traffic currently using the roadway 2 Existing Demand facilities upon which capacity is being added. (from Appendix B - CIP Units of Su ply) A number of facilities identified in the Impact Fee CIP have traffic currently utilizing a portion of their existing capacity. This line displays the total amount of capacity along these facilities currently being used by existing traffic. Total Vehicle-Miles of Number of vehicle-miles of travel that are not accommodated by the 3 Existing Deficiencies existing roadway system (from Appendix C -Existing Facilities Inventory) In order to ensure that existing deficiencies on the City's roadway network are not recoverable through impact fees, this line is based on the entire roadway network within the service area. Any roadway within the service area that is deficient -even those not identified on the Impact Fee CIP -will have these additional trips removed from the calculation. Net Amount of Vehicle- A measurement of the amount of vehicle-miles added by the CIP that 4 Miles of Capacity will not be utilized by existing demand (Line 1-Line 2 -Line 3) Added This calculation identifies the portion of the Impact Fee CIP (in vehicle-miles) that maybe recoverable through the collection of impact fees. 2008 Roadway Impact Fee Update 12 November 2008 City of Colleyville, Texas ~ Kirrdey-Hom i~ and Associates, Inc. C1ty O! Texas Total Cost of the CIP The total cost of the projects within each service area (from Table 3: 5 10-Year Capital Improvements Plan for Roadway Impact Fees with within the Service Area Conc tual Level Cost O inions) This line simply identifies the total cost of all of the projects identified in each service area. Cost of Net Capacity The total CIP cost (Line 5) prorated by the ratio of Net Capacity 6 Supplied Added (Line 4) to Total Capacity Added (Line 1). [(Line 4 /Line 1) Line 5 ] Using the ratio of vehicle-miles added by the Impact Fee CIP available to serve future growth to the total vehicle-miles added, the total cost of the Impact Fee CIP is reduced to the amount available for future growth (i.e. excluding existing usage and deficiencies). ~ Cost to Meet Existing The difference between the Total Cost of the CIP (Line 5) and the Needs and Usage Cost of the Net Capacity supplied (Line 6). (Line 5 -Line 6) This line is provided for information purposes only - it is to present the portion of the total cost of the Impact Fee RIP that is required to meet existing demand. Total Vehicle-t>Tles of Based upon the growth projection provided in the Land Use 8 New Demand over Ten Assumptions, an estimate of the number of new vehicle-miles within Years the service area over the next ten ears. from Table 5 This line presents the amount of growth (in vehicle-miles) projected to occur within each service area over the next ten years. Percent of Capacity The result of dividing Total Vehicle-Miles of New Demand (Line 8) 9 Added Attributable to by the Net Amount of Capacity Added (Line 4), limited to 100% New Growth (Line 10). This calculation is required by Chapter 395 to ensure 10 Chapter 395 Check capacity added is attributable to new growth. In order to ensure that the vehicle-miles added by the Impact Fee CIP do not exceed the amount needed to accommodate growth beyond the ten-year window, a comparison of the two values is performed. If the amount of vehicle-miles added by the Impact Fee CIP exceeds the growth projected to occur in the next ten years, the Impact Fee CIP cost is reduced accordingly. Cost of Capacity Added The result of multiplying the Cost of Net Capacity Added (Line 6) by 11 Attributable to New the Percent of Capacity Added Attributable to New Growth, limited to Growth 100% Line 9 . This value is the total Impact Fee CIP project costs (excluding financial costs) that maybe recovered through impact fees. This line is determined considering the limitations to impact fees required by the Texas legislature. 2008 Roadway Impact Fee Update 13 November 2008 City of Colleyville, Texas ^ ~ ^ KrcT11ey-HOm ~ and Associates, Inc. C1ty of Texas The result of multiplying the Cost of Capacity Added Attributable to 12 Financing Cost New Growth (Line 11) by a percentage providing by the City to account for debt service costs and interest earnings. 13 Interest Earnings These values account for the projected interest charges and other financial costs that maybe included in the impact fee calculation. Based on information provided by the City, financing costs were assumed to be 19.67% of Line 11, while the interest earnings were assumed to be 3%. Cost of CIP and The total CIP cost including financing recoverable through Impact 14 Financing Attributable Fees. (Line 11 + Line 12 + Line 13). to Growth This value is the total Impact Fee CIP project costs (including financial costs) that may be recovered through impact fees. Pre-Credit Maximum The result of dividing the Cost of the CIP and Financing Attributed to 15 Fee Per Service Unit New Growth (Line 14) by the Total Vehicle Miles of New Demand (Line 8). (Line 14 /Line 8) This amount is the maximum assessable impact fee per service unit prior to consideration of the roadway impact fee credit. 2008 Roadway Impact Fee Update 14 November 2008 City of Colleyville, Texas ~ ^ Kimley-Hom ~ and Associates, Inc. city or Teas B. PLAN FOR AWARDING THE ROADWAY IMPACT FEE CREDIT Chapter 395 of the Texas Local Government Code requires the Capital Improvements Plan for Roadway Impact Fees to contain specific enumeration of a plan for awarding the impact fee credit. Section 395.014 of the Code states: "(7) A plan for awarding: (A) a credit for the portion of ad valorem tax and utility service revenues generated by new service units during the program period that is used for the payment of improvements, including the payment of debt, that are included in the capital improvements plan; or (B) In the alternative, a credit equal to 50 percent of the total projected cost of implementing the capital improvements plan..." The City of Colleyville has determined that the maximum assessable impact fee per service unit shall be 50% of the total projected cost of implementing the capital improvement plan. Therefore, the Pre-Credit Maximum Fee Per Service Unit (Line 15) is multiplied by 50% to obtain the Maximum Assessable Fee Per Service Unit (Line 16). 2008 Roadway Impact Fee Update 1$ November 2008 City of Colleyville, Texas ~ ~ 2I1 ASS ~S, U1C. City of Tezas Table 6. Maximum Assessable Roadway Impact Fee SERVICE AREA: 1 2 1 TOTAL VEH-MI OF CAPACITY ADDED BY THE CIP 23 422 25 785 (FROM CIP UNITS OF SUPPLY, APPENDIX B) , , 2 TOTAL VEH-MI OF EXISTING DEMAND 15,048 17 421 (FROM CIP UNITS OF SUPPLY, APPENDIX B) , 3 TOTAL VEH-MI OF EXISTING DEFICIENCIES 3 079 2 067 (FROM EXISTING FACILITIES INVENTORY, APPENDIX C) , , 4 NET AMOUNT OF VEH-MI OF CAPACITY ADDED 295 5 6 297 (LINE 1 -LINE 2 -LINE 3) , , 5 TOTAL COST OF THE CIP WITHIN SERVICE AREA $ 42,247 597 $ 53 698 696 (FROM TABLE 3) , , , 6 COST OF NET CAPACITY SUPPLIED * $ 9,550 586 $ 13 114 503 (LINE 4 /LINE 1) (LINE 5) , , , ~ COST TO MEET EXISTING NEEDS AND USAGE $ 32 697 011 $ 40 584 193 (LINE 5 -LINE 6) , , , , 8 TOTAL VEH-MI OF NEW DEMAND OVER TEN YEARS 5 276 5 607 (FROM TABLE 5 and Land Use Assumptions) , , 9 PERCENT OF CAPACITY ADDED ATTRIBUTABLE TO GROWTH o 99.6 /° $9 O% (LINE 8 /LINE 4) . 10 IF LINE 8 > LINE 4, REDUCE LINE 9 TO 100%, 99 6% 89 0% OTHERWISE NO CHANGE . . 11 COST OF CAPACITY ADDED ATTRIBUTABLE TO GROWTH * $ 9 512 384 $ 11 671 908 (LINE 6 LINE 10) ' ' 12 FINANCING COSTS $ 1,871,086 $ 2,295,864 13 INTEREST EARNINGS $ (285,372) $ (350,157) 14 COST OF CIP AND FINANCING ATTRIBUTABLE TO GROWTH $ 11 098 098 $ 13 617 615 (LINE 11 + LINE 12 + LINE 13) , , , , 15 PRE-CREDIT MAX FEE PER SERVICE UNIT ($ PER VEH-MI) $ 2 104 2 42 (LINE 14 /LINE 8) , $ , 9 16 MAX ASSESSABLE FEE PER SERVICE UNIT ($ PER VEH-MI) $ 1 052 (Line 15 * 50%) , $ 1 215 ~ 2008 Roadway Impact Fee Update 16 November 2008 City of Colleyville, Texas t;ity o/ ^ ~ ^ andAssociaties, Inc. Texas C. SERVICE UNIT DEMAND PER UNIT OF DEVELOPMENT The roadway impact fee is determined by multiplying the impact fee rate by the number of service units projected for the proposed development. For this purpose, the City utilizes the Land Use/Vehicle-Mile Equivalency Table (LUVMET), presented in Table 7. This table lists the predominant land uses that may occur within the City of Colleyville. For each land use, the development unit that defines the development's magnitude with respect to transportation demand is shown. Although every possible use cannot be anticipated, the majority of uses are found in this table. If the exact use is not listed, one similar in trip-making characteristics can serve as a reasonable proxy. The individual land uses are grouped into categories, such as residential, office, commercial, industrial, and institutional. The trip rates presented for each land use is a fundamental component of the LUVMET. The trip rate is the average number of trips generated during the afternoon peak hour by each land use per development unit. The next column, if applicable to the land use, presents the number of trips to and from certain land uses reduced bypass-by trips, as previously discussed. The source of the trip generation and pass-by statistics is the ITE Trip Generation Manual, 7`" Edition, the latest edition of the definitive source for trip generation data. This manual utilizes trip generation studies for a variety of land uses throughout the United States, and is the standard used by traffic engineers and transportation planners for traffic impact analysis, site design, and transportation planning. To convert vehicle trips to vehicle-miles, it is necessary to multiply trips by trip length. The adjusted trip length values are based on the Regional Origin-Destination Travel Survey performed by the North Central Texas Council of Governments (NCTCOG). The other adjustment to trip length is the 50% origin-destination reduction to avoid double counting of trips. At this stage, another important aspect of the state law is applied -the limit on transportation service unit demand. If the adjusted trip length is above four (4) miles, the maximum trip length used for calculation is reduced to four (4) miles. This reduction, as discussed previously, limits the maximum trip length to the approximate size of the service areas. The remaining column in the LUVMET shows the vehicle-miles per development unit. This number is the product of the trip rate and the maximum trip length. This number, previously referred to as the Transportation Demand Factor, is used in the impact fee estimate to compute the number of service units consumed by each land use application. The number of service units is multiplied by the impact fee rate (established by City ordinance) in order to determine the impact fee for a development. 2008 Roadway Impact Fee Update 1'] November 2008 City of Colleyville, Texas ~ ^ Krcnley-Fbm ~ and Associaties, Inc. City O! TexaB Table 7. Land Use /Vehicle-Mile Equivalency Table (LUVMET) aud Use Category ITE Land Use Code Development Unit Trip Gen Rate (PM) Pass- by Rate Pass-by Source Trip Rate NCTCOG Trip Length (~) Adj. For O-D Adj. Trip Length (mi) Max Trip Length (mi) Veh-Mi Per Dev- Unit ORT AND TERMINAL Track Terminal 030 Acre 6.55 6.55 10.02 50% 5.01 4.00 26.20 NDUSTRIAL General Li t Industrial 110 1,000 SF GFA 0.98 0.98 10.02 50% 5.01 4.00 3.92 General Hea Industrial 120 1,000 SF GFA 0.68 0.68 10.02 50% 5.01 4.00 2.72 Industrial Pazk 130 1,000 SF GFA 0.86 0.86 10.02 50% 5.01 4.00 3.44 Warehousin 150 1,000 SF GFA 0.59 0.59 10.83 50% 5.42 4.00 2.36 Mini-Warehouse ISI 1,000 SF GFA 0.26 0.26 10.83 50% 5.42 4.00 1.04 RESIDENTIAL Sin a-Famil Detached Housin 210 Dwellin Unit 1.01 1.01 17.21 50% 8.61 4.00 4.04 A artment/Multi-famil 220 Dwellin Unit 0.62 0.62 17.21 SO% 8.61 4.00 2.48 Residential Condominium/Townhome 230 Dwellin Unit 0.52 0.52 17.21 50% 8.61 4.00 2.08 Mobile Home Park 240 Dwellin Unit 0.59 0.59 17.21 50 % 8.61 4.00 2.36 Assisted Livin 254 Dwellin Unit 0.22 0.22 17.21 50% 8.61 4.00 0.88 LODGING Hotel 310 Room 0.59 0.59 6.43 50% 3.22 3.22 1.90 Motel /Other Lodging Facilities 320 Room 0.47 0.47 6.43 50% 3.22 3.22 1.51 RECREATIONAL Drivin Ran 432 Tee 1.25 1.25 6.43 50% 3.22 3.22 4.02 Golf Course 430 Acre 0.30 0.30 6.43 50% 3.22 3.22 0.96 Health/Rec. Clubs and Facilities 495 1,000 SF GFA 1.64 1.64 6.43 50% 3.22 3.22 5.27 Ice Rink 465 1,000 SF GFA 2.36 2.36 6.43 50% 3.22 3.22 7.59 Miniature Golf 431 Hole 0.33 0.33 6.43 50% 3.22 3.22 1.06 Multi lex Movie Theater 445 Screens 13.64 13.64 6.43 50% 3.22 3.22 43.85 Rac uet /Tennis Club 491 Court 3.35 3.35 6.43 50 % 3.22 3.22 10.77 INSTITUTIONAL Church 560 1,000 SF GFA 0.66 0.66 4.20 50 % 2.10 2.10 1.39 Da Caze Center 565 1,000 SF GFA 13.18 13.18 4.20 50 % 2.10 2.10 27.68 Prima /Middle School (1-8) 522 Students 0.15 0.15 4.20 50% 2.10 2.10 0.32 Hi hSchool 9-12 530 Students 0.14 0.14 4.20 50% 2.10 2.10 0.29 Jr/Communi Colle a 540 Students 0.12 0.12 4.20 50% 2.10 2.10 0.25 Universi /Cone a 550 Students 0.21 0.21 4.20 50% 2.10 2.10 0.44 MEDICAL Clinic 630 1,000 SF GFA 5.18 5.18 7.55 50% 3.78 3.78 19.55 Hos ital 610 Beds 1.30 1.30 7.55 50% 3.78 3.78 4.91 Nursin Home 620 Beds 0.22 0.22 7.55 50% 3.78 3.78 0.83 OFFICE Co orate Head uarters Buildin 714 1,000 SF GFA 1.40 1.40 10.92 50 % 5.46 4.00 5.60 General Office Buildin 710 1,000 SF GFA L49 1.49 10.92 SO% 5.46 4.00 5.96 MedicaUDental Office 720 1 000 SF GFA 3.72 3.72 10.92 50 % 5.46 4.00 14.88 Sin a Tenant Office Buildin 715 1,000 SF GFA 1.73 1.73 10.92 50 % 5.46 4.00 6.92 Office/Business Pazk 750 1,000 SF GFA 1.50 1.50 10.92 50 % 5.46 4.00 6.00 COMMERCIAL Automobile Related Automobile Care Center 942 1,000 SF GFA 3.38 40% B 2.03 6.43 50 % 3.22 3.22 6.52 Automobile Pazts Sales 843 1,000 SF GFA 5.98 43 % A 3.41 6.43 50% 3.22 3.22 10.96 Gasoline/Service Station 944 Fuelin Position 13.86 42% A 8.04 1.20 SO% 0.60 0.60 4.82 Gasoline/Service Station w/ Conv Market 945 Fuelin Position 13.38 56 % B 5.89 1.20 50 % 0.60 0.60 3.53 Service Station w/ Conv Market and Caz Wash 946 Fuelin Position 13.33 56% A 5.87 1.20 50 % 0.60 0.60 3.52 New and Used Car Sales 841 1,000 SF GFA 2.64 20% B 2.11 6.43 50% 3.22 3.22 6.79 ick Lubrication Vehicle Center 941 Service Position 5.19 40% B 3.11 6.43 50% 3.22 3.22 10.01 Self-Service Caz Wash 947 Stall 5.54 40% B 3.32 1.20 50% 0.60 0.60 L99 Tire Store 848 1,000 SF GFA 5.03 28% A 3.62 6.43 50% 3.22 3.22 11.64 Dinin Fast Food Restaurant with Drive-Thm 934 1,000 SF GFA 34.64 50 % A 17.32 4.79 50% 2.40 2.40 41.48 Fast Food Restaurant without Drive-Thm 933 1,000 SF GFA 26.15 50 % B 13.08 4.79 50% 2.40 2.40 31.31 Hi h Turnover Sit-Down Restaurant 932 1,000 SF GFA 10.92 43 % A 6.22 4.79 50% 2.40 2.40 14.91 Sit Down Restaurant 931 1,000 SF GFA 7.49 44% A 4.19 4.79 50% 2.40 2.40 10.05 Other Retail Free-Standin Retail Store 815 1,000 SF GFA 5.06 30% C 3.54 6.43 50% 3.22 3.22 11.39 Garden Center arse 817 1000 SF GFA 3.80 30% B 2.66 6.43 50% 3.22 3.22 8.55 Home Ira rovement Su erstore 862 1000 SF GFA 2.45 30% B 1.72 6.43 50% 3.22 3.22 5.51 Pharmac /Dm tore 881 1,000 SF GFA 8.62 49% A 4.40 6.43 50% 3.22 3.22 14.13 Sho in Center 820 I,000SFGFA 3.75 34% A 2.48 6.43 50% 3.22 3.22 7.96 Su ermarket 850 1,000 SF GFA 10.45 36% A 6.69 6.43 50% 3.22 3.22 21.50 To /Children's Su erstore 864 1,000 SF GFA 4.99 30% B 3.49 6.43 50% 3.22 3.22 11.23 Video Rental Store 896 1,000 SF GFA 13.60 50% B 6.80 6.43 50% 3.22 3.22 21.86 ERVICES Bank Walk-In 91 l 1,000 SF GFA 33.15 40% B 19.89 3.39 50% 1.70 L70 33.71 Bank Drive In 912 1 000 SF GFA 45.74 47% A 24.24 3.39 50% 1.70 1.70 41.09 Key to Soorcea of Paaa-by Retea: A: October 1998 ITE Trip GerKranan handbook B: Estimated by Kimley-Horn based on ITE rates for similar categories C: ITE rate adjusted upward by KfiA based on logical relationship to other categories 2008 Roadway Impact Fee Update j $ November 2008 City of Colleyville, Texas ~ ~ Bll,~d A$S ~S, ~f1C. V. SAMPLE CALCULATIONS City O! Tezas The following section details two (2) examples of maximum assessable roadway impact fee calculations. Example 1: • Development Type -One (1) Unit of Single-Family Housing in Service Area 1 Roadway Impact Fee Calculation Steps -Example 1 Determine Development Unit and Vehicle-Miles Per Development Unit Step From Table 7 [Land Use -Vehicle Mile Equivalency Table) I Development Type: 1 Dwelling Unit of Single-Family Detached Housing Number of Development Units: 1 Dwelling Unit Veh-Mi Per Develo ment Unit: 4.04 S Determine Maximum Assessable Impact Fee Per Service Unit tep 2 From Table 6, Line 16 [Maximum Assessable Fee Per Service Unit) Service Area 1: $1,052 Determine Maximum Assessable Impact Fee Impact Fee = # of Development Units *Veh-Mi Per Dev Unit * Max. Fee Per Service Unit Step 3 Impact Fee = 1 * 4.04 * $1,052 Maximum Assessable Impact Fee = $4,250.08 Example 2: • Development Type -125,000 square foot Home Improvement Superstore in Service Area 2 Roadway Impact Fee Calculation Steps -Example 2 Determine Development Unit and Vehicle-Miles Per Development Unit Step From Table 7 [Land Use -Vehicle Mile Equivalency Table) 1 Development Type: 125,000 square feet of Home Improvement Superstore Development Unit: 1,000 square feet of Gross Floor Area Veh-Mi Per Develo ment Unit: 5.51 St Determine Maximum Assessable Impact Fee Per Service Unit ep 2 From Table 6, Line 16 [Maximum Assessable Fee Per Service Unit) Service Area 2: $1,215 Determine Maximum Assessable Impact Fee Impact Fee = # of Development Units *Veh-Mi Per Dev Unit * Max. Fee Per Service Unit Step 3 Impact Fee = 125 * 5.51 * $1,215 Maximum Assessable Impact Fee = $836,831.25 2008 Roadway Impact Fee Update 19 November 2008 City of Colleyville, Texas ^ ~ ^ antlAssoci~'a6es, Inc. VI. CONCLUSION C1ty Ol Ttsas The City of Colleyville has established a process to implement the assessment and collection of roadway impact fees through the adoption of an impact fee ordinance that is consistent with Chapter 395 of the Texas Local Government Code. This report establishes the maximum allowable roadway impact fee that could be assessed by the City of Colleyville within each of the two (2) service areas. The maximum assessable calculated in this report are as follows (from Table 6): SERVICE AREA: 1 2 16 MAX ASSESSABLE FEE PER SERVICE UNIT ($ PER VEH-MI) * $ 1 052 $ 1 215 ' (Line 15 50%) ' This document serves as a guide to the assessment of roadway impact fees pertaining to future development and the City's need for roadway improvements to accommodate that growth. Following the public hearing process, the City Council may establish an amount to be assessed (if any) up to the maximum established within this report and update the Roadway Impact Fee Ordinance accordingly. In conclusion, it is our opinion that the data and methodology used in this update are appropriate and consistent with Chapter 395 of the Texas Local Government Code. Furthermore, the Land Use Assumptions and the proposed Capital Improvements Plan are appropriately incorporated into the process. 2008 Roadway Impact Fee Update 20 November 2008 City of Colleyville, Texas City of Colleyville 100 Main Street ~, :~;, ;~,,~~;-; Colleyville, Texas 76034 ~" Minutes -Draft 817.503.1000 ~~ ~.; www.colleyville.com Capital Improvements Advisory Committee Monday, January 26, 2009 7:15 PM City Council Chambers 1. CALL TO ORDER The Capital Improvements Advisory Committee meeting of the City of Colleyville was called to order by Chairman Byerly on January 26, 2009 at 7:19 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps, Jeff Byerly and Larry Cole and Andrew Wayne Absent: Commissioner Ron Rotthaus Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt and Rob McKeown 3. APPROVAL OF MINUTES Commissioner Byerly moved to approve the June 26, 2006 meeting with the corrections made regarding Commissioner Bartkowski's absence in the roll call. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 8 - Knox, Dudziak, Redfearn, Clardy, Phelps, Cole, Wayne, Byerly Absent: 1 -Rotthaus 4. AGENDA ITEMS 4a Approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code Ron Ruthven presented the updates and briefed the Committee. Jeff Whitaker, Kimley Horn Associate, came forward to present the updates to the Committee. Commissioner Byerly opened the public hearing at 7:24 p.m. There being no one wishing to speak, the public hearing was closed at City of Colleyville Page 1 Printed on 2/9/2009 Capital Improvements Advisory Minutes -Draft Committee January 26, 2009 7:24 p.m. Larry Cole questioned Mr. Whitaker regarding when did the credit calculation go into effect? Mr. Whitaker replied the $2,000 was adopted by Colleyville in August 2, 2006. Larry Cole stated there is a credit that is based on the amount of utility, hook up or connections. Mr. Whitaker stated the credit is for ad valorem taxes to prevent the double dip. He stated that is why the State Legislature allows the cities to take 50% as opposed to doing the credit calculation. He stated this time, we choose to do that since we were at less than 50%. Larry Cole concurred. Commissioner Byerly questioned staff regarding what is the process from here, written comments to Council? Ron Ruthven stated the written minutes would suffice as comments to City Council on February 17. Commissioner Phelps questioned staff regarding the scope of the comments, would the Commission be aware of those comments, what is being changed? Ron Ruthven replied the official minutes are brought forward to City Council. Larry Cole questioned staff regarding if any bond issue has been passed in the last 2 1/2 years to build on these roads? Ron Ruthven replied being unaware of any actual bonds being issued to build the roads. Larry Cole stated the City has been collecting impact fees for 20 years and they have not floated any bond to build any of these roads. He stated all of the calculations have been placed on these roads. He stated the money has been spent very well at intersections and short sections by schools. However, since 2006, the cost is about 10 million more, the number keeps going up. He stated we keep using a fully improved road as our assumption to justify collecting impact fees. He stated every single dollar for these roads has been funded by impact fees. Commissioner Dudziak moved to approve the updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 8 - Knox, Dudziak, Redfearn, Clardy, Phelps, Cole, Wayne, Byerly Absent: 1 - Rotthaus City of Colleyville Page 2 Printed on 2/9/2009 Capital Improvements Advisory Minutes -Draft January 26, 2009 Committee 5. ADJOURNMENT The meeting adjourned at 7:34 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, January 22, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 3 Printed on 2/9/2009 ORDINANCE 0-09-1711 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, ADOPTING THE ROADWAY IMPACT FEES UPDATE STUDY AND AMENDING CHAPTER 13 - IMPACT FEES, TO IMPOSE ROADWAY IMPACT FEES ON NEW DEVELOPMENT; PROVIDING A PENALTY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION WHEREAS, Chapter 395, as amended, of the Texas Local Government Code provides procedures for municipalities to enact and amend impact fees; and WHEREAS, the City of Colleyville Capital Improvements Advisory Committee has reviewed the Roadway Impact Fees Update study dated November 2008, prepared for the City of Colleyville by the engineering consulting firm of Kimley-Horn and Associates, Inc. of Fort Worth, Texas; and WHEREAS, the City Council has reviewed the Roadway Impact Fees Update and adopted an order setting a public hearing date to discuss adoption of said document and imposition of impact fees as required by the Texas Local Government Code; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville in accordance with the publication requirements of Chapter 395, Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec 1. THAT the document titled Roadway Impact Fees Update, dated November 2008, and prepared by Kimley-Horn and Associates, is hereby adopted as the study required by Chapter 395 of the Texas Local Government Code for the imposition of impact fees. Sec 2. THAT Chapter 13 -Impact Fees, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "A", Sec. 3. THAT Ordinance 0-00-1214 and Ordinance 0-06-1581, of the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and Ordinance 0-09-1711 Page 2 of 2 upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec 5. THAT it is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT this ordinance shall take effect immediately from and after its passage. Sec. 8. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 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" A. Master Plan -The City of Colleyville, Texas Master Plan, approved by Ordinance 0-04-1483 on October 19, 2004, be and the same is hereby adopted and designated as the Master Plan for the City of Colleyville for impact fees. B. Land Use Assumptions -The land use assumptions used in the development of the impact fees are contained in the document titled Water, Wastewater, and Roadway Impact Fee Update, dated May 2006, prepared by Kimley-Horn and Associates, are adopted for the purpose of compliance with Chapter 395 of the Texas Local Government Code regarding impact fees and referenced in Exhibit - 13.A -Table of Land Use Assumptions. C. Water and Wastewater Capital Improvements Plans -The document titled Water, Wastewater, and Roadway Impact Fee Update, dated May 2006, prepared by Kimley-Horn and Associates, is adopted as the Water and Wastewater Capital Improvements Plan for the City of Colleyville for the purpose of compliance with Chapter 395 of the Texas Local Government Code regarding impact fees. D. Roadway Capital Improvements Plan -The document titled Water, Wastewater, and Roadway Impact Fee Update, dated November 2008, and prepared by Kimley-Horn and Associates is adopted as the Roadway Capital Improvements Plan for the City of Colleyville for the purpose of compliance with Chapter 395 of the Texas Local Government Code regarding impact fees. •~! =~ City Hall (~ ~ City of Colleyville 100 Main Street `~j Colleyville, Texas 76034 r.°~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1712 File Number: 0-09-1712 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 02/17/2009 Controlling Body: City Council Requester: Community Agenda No.: 6b Final Action: Development Department File Name: Approval of amendments to Chapter 9-Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations, Case G-09-005 Attachments: Proposed Amendments to Chapter 14 Engineering Design Standards Proposed Amendments to Chapter Nine Subdivision Design and Public Facilities Proposed Sidewalk Escrow Neighborhood Districts Supplemental Sidewalk System Map Ordinance 0-09-1712 History of Legislative File Version: Date: Acting Body: Action Text: 02/17/2009 City Council Title Approval of amendments to Chapter 9-Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations, Case G-09-005 Explanation First Reading and Public Hearing This item was presented at the February 3, 2009 Pre Council meeting. Upon the recommendation of the Sidewalks and Trails Committee, the City Council approved the Supplemental Sidewalk System Map on November 18, 2009. The map serves as the policy tool for the City in determining which streets should have new sidewalks built or funds escrowed upon new construction. In order to match the sidewalk requirements in the Land Development Code to the new Supplemental Sidewalk System Map, staff proposes the following amendments: Section 9.19: "General Sidewalk Requirement -General Sidewalk Requirement -Sidewalks shall be constructed #~eas~h-let prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on the City's Supplemental Sidewalk System Map, or; (2) are required as part of a Planned Unit Development or Special Use Permit; or, (3) front on a new street dedicated in conjunction with a subdivision I~at. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions, any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be considered to City of Colleyville Page 1 Printed on 2/12/2009 Aaenda Briefina Continued (0-09-1712) be final. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code." Another component of the amendment shown above involves removing the consideration of any variance requests to new construction from the City Council and, in turn, giving sole variance authority to the Planning and Zoning Commission. The final proposed amendment to Chapter 9 involves adding a sidewalk escrow policy. Chapter 9 currently allows escrows) in lieu of construction for any required infrastructure included in a new development. The new proposed policy explains the process for paying into escrow for new sidewalk construction and allows escrow funds to be spent within a defined neighborhood district, instead of along the specific property for which the escrow was paid. The major tenets of the proposed policy are as follows: - Anyone may request to escrow funds in lieu of construction for a new sidewalk to the Public Works Director or the Community Development Director. - The Director(s) would make the determination that the escrow is allowed, not required, or rejected based on the recommendation of the Supplemental Sidewalk System Map. - Anyone wishing to appeal the decision of the Director(s) would have ten days to submit a written request in order to have their appeal heard by the Planning and Zoning Commission. - Existing sidewalk escrows already accounted for and new escrows paid in lieu of sidewalk construction would be allowed to be spent for new sidewalk construction by the City in six (6) specified neighborhood districts. These proposed districts are attached and follow the same boundaries as the six neighborhoods identified in the 2004 - 2025 Colleyville Plan. Therefore, if a new home paid a sidewalk escrow in lieu of construction, that escrow amount could be spent on the construction of a sidewalk in front of another property as long as it is located within the same neighborhood district. The district boundaries were chosen because they ensure that any new sidewalks constructed with escrow monies collected under this policy would be located within reasonable proximity of the specific property for which the escrow funds were collected. Additionally, the neighborhood boundaries identified in the Colleyville Plan do not subdivide any homeowner's association boundaries thereby keeping the district boundaries consistent with established neighborhood boundaries. As discussed at the February 3, 2009 Pre Council meeting, staff has added a provision for existing escrow funds to be refunded. All properties that have an existing escrow paid would be notified upon passage of the proposed amendments. If an objection to the new escrow requirements is filed within 30 days of being notified, the Community Development Director would decide, within thirty (30) days, if the circumstances involving the particular lot and surrounding sidewalk district reasonably require a return of the escrowed funds. This City of Colleyville Page 2 Printed on 2/12/2009 Agenda Briefing Continued (0-09-1712) decision would be based upon the recommendations of the Supplemental Sidewalk System Map. The owner of the lot may appeal the decision of the Community Development Director by filing, a written objection, explaining the owner's argument and requesting for a hearing before the City Council, not later than ten (10) days after the Community Development Director's decision. After hearing the lot owner's objections, City Council may either refund the escrowed money or deny the refund and order the funds to be used only for future sidewalk construction on that lot or within the appropriate neighborhood district. Staff has prepared a map that shows the breakdown of existing sidewalk escrow funds by the proposed sidewalk escrow neighborhoods. The current Citywide total of all escrowed sidewalk funds is $216,795.71. As requested by City Council, of the current escrowed sidewalk funds, $41,685 is escrowed for property identified as not requiring a sidewalk on the new sidewalk map; $9,297 is escrowed for property identified as requiring escrow of sidewalk funds; and $165,813 is escrowed for property identified as requiring sidewalk construction. These figures are shown on the map by each proposed neighborhood district. Regarding proposed changes to Chapter 14 - Engineering Design Standards, staff recommends removing discrepancies regarding cul-de-sac width requirements and updating certain fire code requirements found in the Land Development Code in order to match the International Fire Code. Chapter 9-Subdivision Design and Public Facilities and Chapter 14-Engineering Design Standards of the Land Development Code both address cul-de-sac widths regarding new residential developments. However, Chapter 9 states that the actual pavement of a cul-de-sac width shall be 80 feet in diameter while Chapter 14 requires a pavement width of 100 feet in diameter. The national standard for residential cul-de-sac pavement width is generally 80 feet. The Fire Marshal agrees with the 80 foot requirement. Therefore, staff recommends the Code be amended to remove this discrepancy. However, 100 foot pavement widths may still be required if there are landscaped islands in the middle of the cul-de-sac. Finally, at the request of the Fire Marshal, staff recommends minor amendments to Chapter 14 language regarding the International Fire Code (IFC) to reflect the current code adopted by the City (to prevent an amendment upon each new adoption). The Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the amendments at the January 26, 2009 meeting by a vote of 6-0. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 2/12/2009 Proposed Amendments to Chapter 14 Engineering Design Standards A. Plan Approval -Plans for fire lanes shall be submitted to the Fire Marshal Division for review and approval prior to construction. Repainting of existing markings does not require plan review unless changes are to be made. B. Obstructions Prohibited -Fire lanes shall be kept clear and unobstructed at all times. Marking shall be repainted as necessary to maintain readability. C. Sipnage -Where required by the Fire Marshal, approved signs or other approved notices shall be provided and maintained to identify fire lanes and prohibit obstructions. D. Where Reauired -Fire lanes shall be provided when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. E. Certain Roadways Not Considered Access -Heavily traveled public roadways are not considered for fire apparatus access due to the dangers involved with operating fire apparatus in close proximity to moving traffic. F. Access to Serve All Buildings -Fire lanes shall be provided to serve all buildings through parking areas to service entrances, loading areas, trash collection areas, and other areas deemed necessary to be available to fire and emergency vehicles. G. Driveways Included -Fire lanes shall include driveways leading onto a public street. H. Fire Lane Width -Fire lanes shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 14 feet. I. Turning Radius -Fire lanes shall have a minimum inside turning radius of thirty (30) feet and a minimum outside turning radius of fifty (50) feet. J. All-weather Surface Reauired -Fire lanes shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with an asphalt or concrete surface so as to provide all-weather driving capabilities. K. Construction Specifications -Fire lanes shall be constructed of seven (7) inch concrete with #3 rebar on eighteen (18) inch centers on chairs over a modified subgrade as per the Geotechnical Soils Report; or seven (7) inch asphalt over a modified subgrade as per the Geotechnical Soils Report. The construction shall be capable of supporting a minimum of ~-08A 75.000 pounds gross vehicle weight. L. Maximum Dead-end Length -Dead end fire lanes in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Dead end fire lanes more than 150 feet in length but less than 700 feet in length shall provide one of the following turn- around configurations. Dead end fire lanes in excess of 700 feet in length shall be submitted to the Fire Marshal for review and approval. Page 2 of 2 .4-100'•r .•- 30' R TYP. 24' -- ~- 100' DIAMETER CUL-DE-SAC COMMERCIAL ~- I •~ 30R~ TYP. 24' 120' HAMMERHEAD ~- 80' -- .,~ 30' R TYP. 32' ~- ~- 80' DIAMETER CUL-DE-SAC RESIDENTIAL Ksa .f-3Q'R TYP. -~ f-- 2a' ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD 30' R TYP. 70' ~ ~ _ ~-~a ~. 24'~' .~ f 2a ACCEPTABLE ALTERNATNE TO 120' HAMMERHEAD Note: In residential subdivisions where a proposed cul-de-sac will include an obstruction within its center. such as a planter or other impassable object, the pavement width shall measure a minimum of 100 feet. M. Fire Lane Stripin4 -Fire lanes shall be marked with a six (6) inch wide continuous bright red stripe on both sides. Striping shall be on the curb face where curbing is located at the edge of fire lanes. White 4 inch high lettering with a one (1) inch stroke centered on red stripe shall read: NO PARKING -FIRE LANE. This lettering shall be painted every (15) feet measured from the end of one lettering group to the beginning of the next group with a one (1) foot space between "No Parking" and "Fire Lane". Red paint shall not be used for any parking lot marking other than fire lanes. Fire lane markings are subject to the field inspection of the Fire Marshal. Deletions are depicted as Stfikethretigk- Additions are Depicted as Underline Proposed Amendments to Chapter Nine Subdivision Design and Public Facilities A. General Requirement -The developer of a subdivision shall install all water, sewer, street, sidewalk and drainage improvements, and any other facilities required by this Land Development Code, which are necessary for the proper development of the subdivision. The design, construction and inspection of any public facilities shall be a cost to the developer, unless the City has entered into an agreement for cost sharing. All such facilities shall be designed and constructed in accordance with the criteria contained in this Land Development Code and be in conformance with the general layout of the City of Colleyville Master Land Use Plan and Capital Improvements Plan. The public facility requirement of this section shall be applicable to the upgrading of any existing facilities which do not meet current standards. B. Apportionment of Infrastructure Costs - As a condition of the approval of a development, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. 1. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for delivery of emergency services. 2. The professional engineer making the proportionality determination may rely on categorical findings from comparable public improvement projects for establishing a cost basis. The basis used for determining estimated costs shall be revised annually on July 1 by the Colleyville Engineering Department. 3. A developer who disputes the determination by said professional engineer may appeal to the City Council and present testimony and evidence in support of the appeal. The appeal shall be written and filed with the City Secretary within ten (10) days after the date action taken by the Planning and Zoning Commission on the development proposal. The developer shall not be required to waive the right to appeal as a condition of approval of the development project. C. Optional Escrow Provision -Where, in the opinion of the City, construction of a required public improvement should be deferred to a future date, the developer shall place in escrow with the City, an amount equal to the estimated cost of the improvements, as determined by the City Engineer. The Planning and Zoning Commission or City Council may consider an alternate arrangement when appropriate. Any escrow related to the construction of sidewalks shall adhere to the requirements set forth in Section F. D. City Participation in Over-Sizing -Where over-sizing of a public improvement is required by the Comprehensive Master Plan, Thoroughfare Plan, Water or Sewer Capital Improvements Plan or other planning document adopted by the City, City participation shall be in accordance with the provisions of any applicable Impact Fee Ordinance or City-Developer Agreement, which has been approved by the City Council. E. Public Easements -All public improvements shall be constructed within easements or rights-of-way that have been dedicated for public use. The width of an easement or right-of-way shall be in accordance with the specifications contained elsewhere in this Land Development Code. F. Escrow Policy for Sidewalks 1. Request for Escrow Whenever these regulations require a property owner to construct a sidewalk for a dwelling unit. the orooerty owner may petition the Citv for deposit of an escrowed amount, as established in this Section, in lieu of the required construction of a sidewalk. The Director of Public Works or the Page 2 of 4 Director of Community Development shall determine whether the escrow is reasonable in lieu of the obligation to construct the improvement based on the Supplemental Sidewalk System Map. If an escrow request is denied, then the applicant may appeal that denial to the Planning and Zoning Commission if a written request for appeal is received by the Director of Public Works or the Director of Community Development within ten (10) days of the denial. The decision of the Planning and Zoning Commission shall be final. 2. Deposit with the Citv Whenever the City agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the City. This amount shall be paid prior to release of construction plans by the Director of Public Works. The obligations and responsibilities of the property owner shall become those of the property owner's transferees. heirs, successors, and assigns: and the liability therefore shall be joint and several. 3. Determination of Escrow Amount The amount of the escrow shall be determined by using the average of the comparable bids awarded by the City in the preceding six (6) months for sidewalk design and construction or, if none exist, then current market value of the design and construction of a sidewalk in the City, to be determined by the Director of Public Works. The determination shall be based on reasonable current market value made as of the time the escrow is due. 4. Termination of Escrow Escrows fees paid to the Citypursuant to this Section shall be held for a period of ten (10) years from the date of the deposit. If the City has not expended such funds on a sidewalk with the Sidewalk District of the dwelling unit that deposited the sidewalk escrow fee, and upon written request from the original party making the deposit, such funds shall be returned to the original party that paid the escrow fees with accrued interest, subject to the limitations in Subsection 6. Such return does not remove any obligations of the dwelling unit for construction of required improvement(s) if a building permit is applied for. 5. Refund If andpublic improvement for which escrow is deposited is constructed or is reconstructed by another governmental authority at no cost to the Citv. the escrow funds and accrued interest shall be refunded to the property owner or developer after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the Citv and the other portion of the cost by another governmental authority, the difference between the owner's actual proportionate cost and the escrow funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements. 6. Interest Limitation If for any reason money is refunded within six (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued calculated at one percent (1°/a) less than the rate of actual earnings received on the escrowed funds. 7. Waiver of Escrow The Developer may apply to the Planning and Zoning Commission for a waiver of the re uirement to construct a sidewalk or escrow funds in lieu of construction. The decision of the Planning and Zonino Commission is final. Deletions are depicted as Striketpre~q Additions are Depicted as Underline Page 3 of 4 8. Use of Escrow Funds Six (6) Sidewalk Districts are hereby established throughout the City. These districts shall share the same boundaries as the six L neighborhoods depicted on the Neighborhood Boundary Map in the 2004 - 2025 Collevville Plan. The Sidewalk Districts are established so that sidewalk escrow funds will be expended within sufficient proximity to the dwelling unit that deposited the sidewalk escrow fee so as to reasonably benefit that dwelling unit. Funds escrowed pursuant to this Section shall be expended on design and construction of sidewalks located at any place within the same Sidewalk District as the dwelling unit depositing the sidewalk escrow fee. 9. Existing Escrow Funds All funds currently escrowed in lieu of sidewalk construction before the effective date of this Ordinance are subject to expenditure under this Ordinance unless a written obiection is filed, by the owner of the lot for which the funds are escrowed, with the Director of Community Development within thirty (30Z days after notice of this Ordinance is received. Notice of this Ordinance shall be sent to the current owner of the lot for which the funds are escrowed at the address listed in the most recent tax rolls of the City. If the person receiving notice under this subsection is not the current owner, then they must immediately notify the City of the person who purchased the property and provide the City with the address of that person. ii. If an objection is filed pursuant to the previous subsection, the Director of Community Development shall decide, within thirty (30) days, if the circumstances involving the particular lot and surrounding Sidewalk District reasonably require a return of the escrowed funds. The owner of the lot may appeal the decision of the Director of Community Development by filing a written obiection, explaining the owner's argument and reauesting for a hearing before the City Council. with the City Secretary not later than ten (10) days after the Director of Community Development's decision. After hearing the lot owner's objections, City Council may either refund the escrowed money or deny the refund and order the funds to be used only for future sidewalk construction on that lot. iii. This Ordinance shall apply to any and all funds paid into the sidewalk escrow fund in lieu of sidewalk construction after the effective date of this Ordinance. Form for Escrow An escrow for the construction of a sidewalk pursuant to this Section shall be in the following form: In lieu of constructing the necessary sidewalks in the development. the developer shall be required to escrow funds for the construction the sidewalks which shall be dedicated to the City. The developer shall be required to escrow these funds in the amount of $ which includes contingencies, engineering, and design. This escrow requirement shall be fulfilled prior to the signing and filing of the approved final plat. Deletions are depicted as StriketpFe~M Additions are Depicted as Underline Page 4 of 4 A. General Sidewalk Reauirement -General Sidewalk Requirement -Sidewalks shall be constructed #er easka-let prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on the City's Supplemental Sidewalk Svstem Map. or; (2) are reauired as part of a Planned Unit Development or Special use Permit: or, (3) front on a new street dedicated in conjunction with a subdivision plat. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions, any variance to the sidewalk construction reauirements described above shall be considered by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be considered to be final. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code. B. Trails Svstem Sidewalks - When a proposed sidewalk coincides with the general location of a future sidewalk shown in the most recently approved Colleyville Trails System Plan, the sidewalk shall be constructed in accordance with the design standards for a trails system sidewalk. The standards and specifications for a trails system sidewalk are contained elsewhere in this Land Development Code. 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Gh~mke ~, of o ,.o~ 2.~ d.~o 6.~ e.~ Collcvvillc ~ ~,~ Feat _~l_ - - Gm9nyJee /M nnatial a'ytten~s ORDINANCE 0-09-1712 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 9, SUBDIVISION DESIGN AND PUBLIC FACILITIES, SECTIONS 9.12 AND 9.19 AND CHAPTER 14, ENGINEERING DESIGN STANDARDS, SECTION 14.137, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding sidewalk escrow and construction requirements, and cul-de-sac width requirements; 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 9, Subdivision Design and Public Facilities, Sections 9.12 and 9.19, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "A". Sec. 2. THAT Chapter 14, Engineering Design Standards, Section 14.137, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "B". Sec. 3. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 4. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 5. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-09-1712 Page 2 of 2 Sec. 6. THAT this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: David Kelly Mayor Matthew C. G. Boyle City Attorney Exhibit "A" A. General Requirement -The developer of a subdivision shall install all water, sewer, street, sidewalk and drainage improvements, and any other facilities required by this Land Development Code, which are necessary for the proper development of the subdivision. The design, construction and inspection of any public facilities shall be a cost to the developer, unless the City has entered into an agreement for cost sharing. All such facilities shall be designed and constructed in accordance with the criteria contained in this Land Development Code and be in conformance with the general layout of the City of Colleyville Master Land Use Plan and Capital Improvements Plan. The public facility requirement of this section shall be applicable to the upgrading of any existing facilities which do not meet current standards. B. Apportionment of Infrastructure Costs - As a condition of the approval of a development, the developer's portion of the costs may not exceed the amount required for infrastructure improvements that are roughly proportionate to the projected impact of the proposed development, as determined by a professional engineer, licensed in the State of Texas, and who is retained by the City of Colleyville. 1. In making the rough proportionality determination, consideration shall be given to the availability of adequate and minimum levels of public facilities and accessibility to the site for delivery of emergency services. 2. The professional engineer making the proportionality determination may rely on categorical findings from comparable public improvement projects for establishing a cost basis. The basis used for determining estimated costs shall be revised annually on July 1 by the Colleyville Engineering Department. 3. A developer who disputes the determination by said professional engineer may appeal to the City Council and present testimony and evidence in support of the appeal. The appeal shall be written and filed with the City Secretary within ten (10) days after the date action taken by the Planning and Zoning Commission on the development proposal. The developer shall not be required to waive the right to appeal as a condition of approval of the development project. C. Optional Escrow Provision -Where, in the opinion of the City, construction of a required public improvement should be deferred to a future date, the developer shall place in escrow with the City, an amount equal to the estimated cost of the improvements, as determined by the City Engineer. The Planning and Zoning Commission or City Council may consider an alternate arrangement when appropriate. Any escrow related to the construction of sidewalks shall adhere to the requirements set forth in Section F. D. City Participation in Over-Sizing -Where over-sizing of a public improvement is required by the Comprehensive Master Plan, Thoroughfare Plan, Water or Sewer Capital Improvements Plan or other planning document adopted by the City, City participation shall be in accordance with the provisions of any applicable Impact Fee Ordinance or City-Developer Agreement, which has been approved by the City Council. E. Public Easements -All public improvements shall be constructed within easements or rights- of-way that have been dedicated for public use. The width of an easement or right-of-way shall be in accordance with the specifications contained elsewhere in this Land Development Code. F. Escrow Policy for Sidewalks 1. Request for Escrow Whenever these regulations require a property owner to construct a sidewalk for a dwelling unit, the property owner may petition the City for deposit of an escrowed amount, as established in this Section, in lieu of the required construction of a sidewalk. The Director of Public Works or the Director of Community Development shall determine whether the escrow is reasonable in lieu of the obligation to construct the improvement based on the Supplemental Sidewalk System Map. If an escrow request is denied, then the applicant may appeal that denial to the Planning and Zoning Commission if a written request for appeal is received by the Director of Public Works or the Director of Community Development within ten (10) days of the denial. The decision of the Planning and Zoning Commission shall be final. 2. Deposit with the City Whenever the City agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the property owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the City. This amount shall be paid prior to release of construction plans by the Director of Public Works. The obligations and responsibilities of the property owner shall become those of the property owner's transferees, heirs, successors, and assigns; and the liability therefore shall be joint and several. 3. Determination of Escrow Amount The amount of the escrow shall be determined by using the average of the comparable bids awarded by the City in the preceding six (6) months for sidewalk design and construction or, if none exist, then current market value of the design and construction of a sidewalk in the City, to be determined by the Director of Public Works. The determination shall be based on reasonable current market value made as of the time the escrow is due. 4. Termination of Escrow Escrows fees paid to the City pursuant to this Section shall be held for a period of ten (10) years from the date of the deposit. If the City has not expended such funds on a sidewalk with the Sidewalk District of the dwelling unit that deposited the sidewalk escrow fee, and upon written request from the original party making the deposit, such funds shall be returned to the original party that paid the escrow fees with accrued interest, subject to the limitations in Subsection 6. Such return does not remove any obligations of the dwelling unit for construction of required improvement(s) if a building permit is applied for. 5. Refund If any public improvement for which escrow is deposited is constructed or is reconstructed by another governmental authority at no cost to the City, the escrow funds and accrued interest shall be refunded to the property owner or developer after completion and acceptance of the public improvements. In the event that a portion of the cost is borne by the City and the other portion of the cost by another governmental authority, the difference between the owner's actual proportionate cost and the escrow funds, including accrued interest, if any, shall be refunded after completion and acceptance of the improvements. 6. Interest Limitation If for any reason money is refunded within six (6) months of deposit, only the principal will be refunded. Monies returned after this date will be refunded with interest accrued calculated at one percent (1%) less than the rate of actual earnings received on the escrowed funds. 7. Waiver of Escrow The Developer may apply to the Planning and Zoning Commission for a waiver of the requirement to construct a sidewalk or escrow funds in lieu of construction. The decision of the Planning and Zoning Commission is final. 8. Use of Escrow Funds Six (6) Sidewalk Districts are hereby established throughout the City. These districts shall share the same boundaries as the six (6) neighborhoods depicted on the Neighborhood Boundary Map in the 2004 - 2025 Colleyville Plan. The Sidewalk Districts are established so that sidewalk escrow funds will be expended within sufficient proximity to the dwelling unit that deposited the sidewalk escrow fee so as to reasonably benefit that dwelling unit. Funds escrowed pursuant to this Section shall be expended on design and construction of sidewalks located at any place within the same Sidewalk District as the dwelling unit depositing the sidewalk escrow fee. 9. Existing Escrow Funds All funds currently escrowed in lieu of sidewalk construction before the effective date of this Ordinance are subject to expenditure under this Ordinance unless a written objection is filed, by the owner of the lot for which the funds are escrowed, with the Director of Community Development within thirty (30) days after notice of this Ordinance is received. Notice of this Ordinance shall be sent to the current owner of the lot for which the funds are escrowed at the address listed in the most recent tax rolls of the City. If the person receiving notice under this subsection is not the current owner, then they must immediately notify the City of the person who purchased the property and provide the City with the address of that person. If an objection is filed pursuant to the previous subsection, the Director of Community Development shall decide, within thirty (30) days, if the circumstances involving the particular lot and surrounding Sidewalk District reasonably require a return of the escrowed funds. The owner of the lot may appeal the decision of the Director of Community Development by filing a written objection, explaining the owner's argument and requesting for a hearing before the City Council, with the City Secretary not later than ten (10) days after the Director of Community Development's decision. After hearing the lot owner's objections, City Council may either refund the escrowed money or deny the refund and order the funds to be used only for future sidewalk construction on that lot. iii. This Ordinance shall apply to any and all funds paid into the sidewalk escrow fund in lieu of sidewalk construction after the effective date of this Ordinance. Form for Escrow An escrow for the construction of a sidewalk pursuant to this Section shall be in the following form: In lieu of constructing the necessary sidewalks in the development, the developer shall be required to escrow funds for the construction the sidewalks which shall be dedicated to the City. The developer shall be required to escrow these funds in the amount of $ ,which includes contingencies, engineering, and design. This escrow requirement shall be fulfilled prior to the signing and filing of the approved final plat. A. General Sidewalk Requirement -General Sidewalk Requirement -Sidewalks shall be constructed prior to completion of any primary structure for all lots that: (1) front on streets required to have sidewalks as shown on the City's Supplemental Sidewalk System Map, or; (2) are required as part of a Planned Unit Development or Special use Permit; or, (3) front on a new street dedicated in conjunction with a subdivision plat. Other than properties zoned as Planned Unit Developments or containing Special Use Permits with specific sidewalk provisions, any variance to the sidewalk construction requirements described above shall be considered by the Planning and Zoning Commission. The decision of the Planning and Zoning Commission shall be considered to be final. The sidewalks shall be constructed adjacent to and within the public street right-of-way and include curb ramps where applicable. Where no public right-of-way exists, the sidewalk shall be located within a public access easement that provides accommodation of the future street right-of-way dedication. When a subdivision is proposed with a masonry or other permanent perimeter screening wall adjacent to a street, the sidewalk shall be constructed by the developer at the same time as the screening wall. All sidewalks shall conform to the standards and specifications contained in this Land Development Code. B. Trails Svstem Sidewalks - When a proposed sidewalk coincides with the general location of a future sidewalk shown in the most recently approved Colleyville Trails System Plan, the sidewalk shall be constructed in accordance with the design standards for a trails system sidewalk. The standards and specifications for a trails system sidewalk are contained elsewhere in this Land Development Code. The developer shall be required to provide additional street right-of-way dedication or a public access easement of sufficient width to accommodate the trails system sidewalk. Where the trails system sidewalk will be located at the rear or to the side of a lot, such as within agreen-belt or similar open space, the developer shall provide sufficient right-of-way or public access easement to accommodate the sidewalk. Exhibit "B" A. Plan Approval -Plans for fire lanes shall be submitted to the Fire Marshal Division for review and approval prior to construction. Repainting of existing markings does not require plan review unless changes are to be made. B. Obstructions Prohibited -Fire lanes shall be kept clear and unobstructed at all times. Marking shall be repainted as necessary to maintain readability. C. Si na a -Where required by the Fire Marshal, approved signs or other approved notices shall be provided and maintained to identify fire lanes and prohibit obstructions. D. Where Reauired -Fire lanes shall be provided when any portion of the facility or any portion of an exterior wall of the first story of the building is located more than 150 feet from fire apparatus access as measured by an approved route around the exterior of the building or facility. E. Certain Roadways Not Considered Access -Heavily traveled public roadways are not considered for fire apparatus access due to the dangers involved with operating fire apparatus in close proximity to moving traffic. F. Access to Serve All Buildings -Fire lanes shall be provided to serve all buildings through parking areas to service entrances, loading areas, trash collection areas, and other areas deemed necessary to be available to fire and emergency vehicles. G. Driveways Included -Fire lanes shall include driveways leading onto a public street. H. Fire Lane Width -Fire lanes shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 14 feet. I. Turning Radius -Fire lanes shall have a minimum inside turning radius of thirty (30) feet and a minimum outside turning radius of fifty (50) feet. J. All-weather Surface Reauired -Fire lanes shall be designed and maintained to support the imposed loads of fire apparatus and shall be provided with an asphalt or concrete surface so as to provide all-weather driving capabilities. K. Construction Specifications -Fire lanes shall be constructed of seven (7) inch concrete with #3 rebar on eighteen (18) inch centers on chairs over a modified subgrade as per the Geotechnical Soils Report; or seven (7) inch asphalt over a modified subgrade as per the Geotechnical Soils Report. The construction shall be capable of supporting a minimum of 75,000 pounds gross vehicle weight. L. Maximum Dead-end Length -Dead end fire lanes in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. Dead end fire lanes more than 150 feet in length but less than 700 feet in length shall provide one of the following turn- around configurations. Dead end fire lanes in excess of 700 feet in length shall be submitted to the Fire Marshal for review and approval. ~-100' .~ 30' R TYP. 24' -#~ ~~ 100' DIAMETER CUL-DE-SAC COMMERCIAL f- 80' -- ,,_ 30' R TYP. 32' -- T .~- ~ ~i' 3UR~ TYP . 2~' 120' HAMMERHEAD ~~/ ~30'R TYP. -- 1- 24' ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD 30' R TYP. 70' * ~ _ 4~a -~ zap ^- 4 24' ACCEPTABLE ALTERNATIVE TO 120' HAMMERHEAD Note: In residential subdivisions where a proposed cul-de-sac will include an obstruction within its center, such as a planter or other impassable object, the pavement width shall measure a minimum of 100 feet. M. Fire Lane Striping -Fire lanes shall be marked with a six (6) inch wide continuous bright red stripe on both sides. Striping shall be on the curb face where curbing is located at the edge of fire lanes. White 4 inch high lettering with a one (1) inch stroke centered on red stripe shall read: NO PARKING -FIRE LANE. This lettering shall be painted every (15) feet measured from the end of one lettering group to the beginning of the next group with a one (1) foot space between "No Parking" and "Fire Lane". Red paint shall not be used for any parking lot marking other than fire lanes. Fire lane markings are subject to the field inspection of the Fire Marshal. 80' DIAMETER CUL-DE-SAC RESIDENTIAL _~`~-~~ City Hall I ~ ~ City of Colleyville 100 Main Street ~~ ~ Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1713 File Number: 0-09-1713 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 02/17/2009 Agenda No.: 6c Status: First Reading Controlling Body: City Council Final Action: File Name: Request for an amendment to the PUDC- Planned Unit Development Commercial zoning and development requirements on Lot 3, Block 1, of the Sunrise Terrace Addition located at 1117 Glade Road, Case ZC09-003 Attachments: Location and Zoning Map Notification List Applicant's Request Approved Site Plan Ordinance 0-08-1695 Ordinance 0-09-1713 History of Legislative File Version: Date: Acting Body: Action Text: 02/09/2009 Planning and Zoning Commission 02/17/2009 City Council Title Request for an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lot 3, Block 1, of the Sunrise Terrace Addition located at 1117 Glade Road, Case ZC09-003 Explanation First Reading and Public Hearing The applicant has submitted a request to amend the PUD zoning ordinance for the property located at 1117 Glade Road. Existing Zoning. Ordinance 0-08-1695 was approved by City Council on December 2, 2008. The PUDC ordinance allows for CPO-Professional Office Commercial uses on the property. CPO-Professional Office Commercial zoning allows all office uses excluding medical offices and does not allow any retail or other commercial uses. Proposed Zoning Amendment. The applicant is seeking to amend the existing ordinance to allow for additional tenants in the building. The existing ordinance limits the building to two tenants and the applicant requests to increase occupancy to four tenants. The request will not affect the size and location of the structure and will, therefore, not increase the parking requirements or the traffic impact already allowed by Ordinance 0-08-1695. Master Plan. The Colleyville Plan designates the subject property for low density residential uses. City of Colleyville Page 1 Printed on 2/12/2009 Agenda Briefing Continued (0-09-1713) Surrounding Properties. The property to the north is zoned PUDR-Planned Unit Development Residential and is developed for single family uses with office uses along Glade Road. The properties to the south, east, and west are zoned R20-Single Family Residential and are developed as single family residences. Public Notification. Staff mailed notices to 12 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding the request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the February 9, 2009 meeting by a vote of 6-0. Summary. The applicant is requesting to allow four tenants in the proposed building instead of the current maximum of two tenants. The request will not affect the other building and development requirements contained in Ordinance 0-08-1695. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 2/12/2009 Location and Zoning Map Cl2 ~ 5Cr13 I 11fi~.~ 1100 fi113 1117 1'(21 { ~ ~ 7-~ X01. r-I f _, _- ~- - _ __i 5009 'f ~ ____ - --- ~ 1104 1108 :1112 ; 1116 ~ 1120 ~ -- f ~ _ _„ ,, i ~ 5005 ~4 ! 5005 i 5001 ~~ '' i ~110~T x'1109 ; - - ;'1'113 3 1117 - - ~; 1121 I ~ - I _. ___ ___ -- ', ~ PUDR 1'10': 1104 1121116 1~~'120 1124 112 8 ~ 1132 ~~ PU DC '' ~ -- GLADE RD Site __ - -- -__ 3 _ , ~ -. -- -- --- i 1105 1105 1117 1`201 1205 , G~ , Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Horak, Jo L PO Box 395 Colleyville TX 76034 001104 Glade Rd Sartain, Michael K 112 State St Ste 200 Southlake TX 76092 001128 Glade Rd Sartain, Michael K 112 State St Ste 200 Southlake TX 76092 001124 Glade Rd Sartain, Michael K 112 State St Ste 200 Southlake TX 76092 001120 Glade Rd Eckert, Larry & Linda 5225 Fontaine St San Diego CA 92120 001116 Glade Rd Adler, Keith 1112 Glade Rd Colleyville TX 76034 001112 Glade Rd Grisso, Terance R Etux Candice 3505 Meadowlark Ln Colleyville TX 76034 001205 Glade Rd Rika, Sennear Etvir Tony 1201 Glade Rd Colleyville TX 76034 001201 Glade Rd Premier Office Equities 1450 Hughes Rd Grapevine TX 76051 001117 Glade Rd Robert Salter Family Lp 209 W 2Nd St # 377 Fort Worth TX 76102 001105 Glade Rd Edgell, Keith A Etux Amy Beth 1116 Jo Carol St Colleyville TX 76034 001116 Jo Carol Ln Quintero, Agustin Etux Blanca 1112 Jo Carol St Colleyville TX 76034 001112 Jo Carol Ln Trachier, Steve Etux Connie M 1108 Jo Carol St Colleyville TX 76034 001108 Jo Carol Ln Peterson, Barbara Lisa 1104 Jo Carol St Colleyville TX 76034 001104 Jo Carol Ln Alan Curlee, applicant 603 Harwood Rd. Hurst TX 76054 applicant Public hearing notices were mailed on Thursday, January 29, 2009 by Amy Shelley. Signature Applicant's Request PREMIER OFFICE EQUITIES 1450 $UGxES RaA.D SUITE 101 G>tAPEVnvE, TX 76051 TELEPHONE: (817) 481-2626 TELEFACSIMILE: (817) 481-2623 Walter D. James III January 16, 2009 Ron Ruthven Justin D. Bass City of Colleyville Community Development 100 Main Street Colleyville, TX 76034 RE: 1117 Glade Road/Ordinance O-OS-1695 Gentlemen; Premier Office Equities is seeking to amend Ordinance 0-08-1695 {"Ordinance"). On December 2, 2008, the City Council for Colieyville approved zoning ordinance 0-08- 1695. (pertaining to 11.17 Glade Raad). The Ordinance, at section 9.a. states m part: "The building shall be ,. , , allowed. no more..than (2) tenants,.at any, given tune." Premier Office Equities is seeking the amendment specifically to change the Ordinance to allow na more than four {4) tenants at any given time. Premier Office Equities believes that allowing no more than four (4) tenants will not change the character of the property and will, in fact, enhance our ability. to keep the property fully leased. Premier Office Equities is not seeking, at this time, any other amendment to the Ordinance. Should you have any questions, please feel to give me a call. Sincerely, Walter D. James ITT Ce: Jerry Beane Roger Beavans Approved Site Plan 111 C~L~4D~ R0~4D S 89.29'06" UJ 115.12' MONUMENT sIGN ~ ~ ~ ~ ' 1'3~x $1T ~ '~ X cam' cv _ y ~ ~~ T ~ (n ~ } ~ X , Y,, ~ ~ f ~ • !J ~ ~' 8' CONC. ALK 8' CONC. WALK ~ ~ ~ '-6' , 36'-0' 30'-0' T4'-®' 30'-0' 36'_0' '-6' '~ 24' FIRELA E ~ 61 20'-0' ~ 63'-0' '•0' ~~'-1' 10'-11' ~ _ ~ _ 40' FRONt BUI DING LINE 0 R~S.~ <-° ~ "O ' _ _ -- - - - - - -- _ _ _ _ _ _ _ ~ ! s 2 ~~OGK' ~ R~~~c~~- ~~ .,s= ~ ' I ~ ~ ~ ~c `h % ~ ,~ rn ~iK~, s~ 8 i ~ a , w . cuRR; c,RR~ Z , ~ ' ,~ 5900 SQ~T. PROF.O~iCE BLDC-~ ~ ; ~ 0 ,% ~ ~$ ~'ARKINCx REQ. l}/3m0)= 20 ~P~4CE5 ~ ;, - _ . r .-. ' PARKINCx.'f'ROV.'f.l'l25't~= .23. SF'AC~.S. ' i ,-6 ,.ca+-~~ . ... :.... . ALL PACK ~ ;~ T ~0'' Arc B~! I ID~Cx, ~ I _c` ~~~~ N 89.28'46" lll 115.15' - - ~' S..'~R S~ acs Tic DoT d ~~ocK G~,a ~iT~RC A,.G,~ST\ ~'X ~_ANG.'-a vURR=~' e.`_..~'i;.~~` ~;..- VSO ORDINANCE 0-08-1695 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.64 ACRES ON LOT 3, BLOCK 1, OF THE SUNRISE TERRACE ADDITION, FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-08-017; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan, designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-1695 Page 2 of 5 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of .64 acres on Lot 3, Block 1, of the Sunrise Terrace Addition, from the R20- Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map; Exhibit "B", labeled Conceptual Site Plan; and Exhibit "C", labeled Building Elevations. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shalt be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for a professional office building. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The layout of the development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the final replat. b. The developer shall submit and receive approval from the City, a final replat in accordance with the requirements of the Land Development Code prior to development of this PUDC. Ordinance 0-08-1695 Page 3 of 5 3. PERMITTED USES a. Uses allowed in the CPO-Professional Office Commercial zoning district. 4. COMMERCIAL BUILDING ELEVATIONS a. All structures shall be generally consistent with the building elevations, attached as Exhibit "C" as shall, otherwise, meet the minimum building design requirements of the CPO-Professional Office Commercial district. 5. COMMERCIAL LOT REQUIREMENTS AND SETBACKS The subject commercial lot requirements and setbacks shall comply with the following provisions: a. Minimum Lot Size b. Minimum Lot Width c. Front Building Line d. Side Building Line e. Rear Building Line 20,000 square feet. 175 feet. 40 feet. 15 feet. 20 feet. 6. SCREENING AND LANDSCAPING a. An eight (8) foot masonry wall shall be constructed and maintained along the rear property line adjacent to single family residential used properties prior to issuance of a certificate of occupancy. b. Nine (9) trees, measuring at least three (3) inches in caliper and spaced a minimum of 20 feet apart shall be planted within the 20 foot rear greenbelt. c. Four (4) trees, measuring at least three (3) inches in caliper, shall planted within each 15 foot side greenbelt. d. A minimum six (6) wood or masonry fence shall only be built along both side property lines adjacent to property used and/or zoned as single family residential. The fencing shall not extend beyond the front line of the main structure. The fencing shall not be required upon a change in zoning or use to commercial on the adjacent properties. e. All landscaping shall meet the minimum requirements of Chapter 4 - Landscaping and Buffering in the Land Development Code, except where amended herein. Ordinance 0-08-1695 Page 4 of 5 7. OPEN SPAGE a. This development shall provide not less than 30 percent common open space, which shall generally be configured as shown on Exhibit "B". All open space areas shall be landscaped and maintained by the property owner. 8. SIDEWALKS a. Sidewalks, five (5) foot in width, shall be required along Glade Road and installed prior to issuance of a Certificate of Occupancy. 9. OTHER a. The building shall be limited to one-story and allowed no more than two (2) tenants at any given time. b. A 24 foot mutual access easement shall be provided along the entire front of the property to allow for future connectivity to the lot. c. No dumpster shall be placed on this lot, for any purpose, including for garbage, refuse, or recycling. d. Lighting along the rear of the building shall be limited to security lighting, not to be a nuisance to adjacent residential properties. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Coileyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-08-1695 Page 5 of 5 Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. ' AND IT IS SO ORDERED. first r ading and pu lic hearing being conducted on the /lam day of ~c?~4~~~i~-~C/'~J 2008. and public hearing being conducted on the ~ day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE ~~ G---~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map ~:. ~~~ ~~ ~. - ~ la ( ' F.I\'~R dALr~ } k 19171 ~SJ1 ~a• ~ ~ - S?1:J ... ~f ilir• 19D~ 111 ~ 111? i171 X1.3_ ~ i , _ _ .__. .,~ _,_ _. tldt 't1Q8 ~ 1142 111s: t1~tl i ~~t~~E 11Q~~~ ii.omt u1s ,t~s fist c~ %~ n`,. ~` ` ` ~ 'UDR 7000 ~ I10~ ".~'°""".~""°" 1i32 ^ -,p ~ ~~ fi I tt2 110 t ~ ~~{ff ~i~ a ,u ~~,'.a~ !. 1tUb-,- : 17 OS , ~ 1117 121 1a?' ~. „~ ` --- 1 I !11 t l Ob 1 ~~ t 4 _ I ljtb ~ 4I .~ f ~ ~ 1, ._ ._ _ _ .-~ , ~ ! ~ 1:04 t 1t1' - - 'IiC,b ~ lti;l 11 X71 11?s _ _ -' .'~ ~ ,~ f I ' ~~ w sr ~ ~ „~~ ~~ ~~ ~ ~ 1305 3,', iISO r 11w 1IJJ_ ~ j _ e ~ ~~ _ l ' -`* "~-~..{.- ~-,: .~_ -, - "fir _, ~_ _.. .:. t . I ;~ ~ ~;; . ~~~ 1101 It;n ,~ Itn9 Illj ~~ 't I,t_ \ EXHIBIT "B"- Conceptual Site Plan 111`1 C~~.~4~~ ~'.C)~C~ w ~. rn r- ~I ~~ _~ EXHIBIT "C"- Building Elevations ORDINANCE 0-09-1713 AN ORDINANCE AMENDING ORDINANCE 0-08-1695 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 0-08-1695 on December 2, 2008, to establish commercial zoning on .64 acres on Lot 3, Block 1, of the Sunrise Terrace Addition; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-09-1713 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O- 08-1695. 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 .64 acres of the Sunrise Terrace 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: 9. OTHER a. The building shall be limited to one-story and not more than four (4) tenants. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-1713 Page 3 of 3 Sec. 10. THAT Ordinance 0-08-1695 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 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 Exhibit "A" -Location and Zoning Map 2 5013 I /'11~@~ 1109 ~ 1113 1117 1121 5013 ~ ~ i ~~ 1--~-- ~ ~ ~ 5009 ------~ ~~- - ---~. __ 1104 1108 1112 1116 1120 ~ 5005 1 -`V ~~r- -- _~- i 5005 ''_-+ ~;' ~ 5001 4 ~ 110~A81fjlE ~ ~ ~. r' ;'`f ;` 110 1109 '1113 1117 ;1121 __...._ ~T ~ I PUD 91 ~3~? 1104 i 112 1116 1 20 11124 1128 1132 Ptl#3C' I RD Site v ~ i ~~ ~i ~ i. 1113 1117 1101 1105 ~; 1109 1100 1104 it 1108 '; 1112 i '~ ' , 1200 ~R'pi City Hall ~`~ ~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~°~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3071 File Number: R-09-3071 Version: 1 File Type: Resolution Agenda Date: 02/17/2009 Requester: Finance Department Agenda No.: 7a Final Action: File Name: Adoption of an Identity Theft Prevention Program in accordance with an amendment to the Fair and Accurate Credit Transactions Act (FACTA) of 2003 Attachments: City of Colleyville Identity Theft Prevention Program.pdf Resolution R-09-3071.pdf Status: Resolution History of Legislative File Controlling Body: City Council Version: Date: Acting Body: Action Text: 02/17/2009 City Council Title Adoption of an Identity Theft Prevention Program in accordance with an amendment to the Fair and Accurate Credit Transactions Act (FACTA) of 2003 Explanation Reading and Public Hearing Recent amendments to the Fair and Accurate Credit Transactions Act (FACTA) of 2003 requires cities and utilities to adopt an Identity Theft Prevention Program pursuant to the Federal Trade Commission's Red Flags Rule. The program must contain policies and procedures to: 1. Identify relevant red flags for new and existing covered accounts and incorporate those red flags into the program; 2. Detect red flags that have been incorporated into the program; 3. Respond appropriately to any red flags that are detected to prevent and mitigate identity theft; and 4. Ensure the program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from identity theft. FACTA defines a red flag as a pattern, practice, or specific activity that indicates the possible existence of identity theft. Under the Rule, creditors are indemnifiedd as finance companies, automobile dealers, mortgage brokers, utility and telecommunications companies and non-profit and government entities who defer payment for goods or services. All of the City's individual utility service accounts, whether residential, commercial or industrial are included in the Rule which defines covered accounts as: City of Colleyville Page 1 Printed on 2/12/2009 Agenda Briefing Continued (R-09-3071) 1. Any account the City offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the City offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the City from identity theft. Identifying information is any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. The Identity Theft Protection Program contains the required elements of the program by identifying the red flags in each of the following categories: • Notifications and Warnings from Credit Agencies • Suspicious Documents • Suspicious Personal Identifying Information • Suspicious Account Activity or Unusual Use of Account • Alerts from Others Additionally, the program contains steps to be taken in detecting red flags on new and existing accounts, thereby preventing and mitigating identity theft. This program was developed with the assistance of Cathy Cunningham, of Boyle and Lowry and has been approved as meeting the FACTA amendments. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 2/12/2009 City of Colleyville Identity Theft Prevention Program Effective March 1, 2009 I. PROGRAM ADOPTION The City of Colleyville ("utility") developed this Identity Theft Prevention Program ("program") pursuant to the Federal Trade Commission's Red Flags Rule ("Rule"), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. This program was developed with oversight and approval of the City Council. After consideration of the size and complexity of the utility's operations and account systems, and the nature and scope of the utility's activities, the City Council determined this program was appropriate for the City of Colleyville, and therefore approved this program on February 17, 2009. II. PROGRAM PURPOSE AND DEFINITIONS A. Fulfilling requirements of the Red Flags Rule (16 C.F.R.&681.2) Under the Red Flag Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of its operation. Each program must contain reasonable policies and procedures to: 1. Identify relevant red flags for new and existing covered accounts and incorporate those red flags into the program; 2. Detect red flags that have been incorporated into the program; 3. Respond appropriately to any red flags that are detected to prevent and mitigate identity theft; and 4. Ensure the program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from identity theft. B. Red Flags Rule definitions used in this program The Red Flags Rule defines "identity theft" as "fraud committed using the identifying information of another person" and a "Red Flag" as "a pattern, practice, or specific activity that indicates the possible existence of identity theft." According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors." All the utility's accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a "covered account" is: Any account the utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the utility from identity theft. "Identifying information" is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information, to identify a specific person," including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. III. IDENTIFICATION OF RED FLAGS In order to identify relevant red flags, the utility considers the types of accounts it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with identity theft. The utility identifies the following red flags, in each of the listed categories: A. Notifications and Warnings From Credit Reporting Agencies Red Flags 1. Report of fraud accompanying a credit report; 2. Notice or report from a credit agency of a credit freeze on a customer or applicant; 3. Notice or report from a credit agency of an active duty alert for an applicant; and 4. Indication from a credit report of activity that is inconsistent with a customer's usual pattern or activity. B. Suspicious Documents Red Flags 1. Identification document or card that appears to be forged, altered or inauthentic; 2. Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; 3. Other document with information that is not consistent with existing customer information (such as if a person's signature on a check appears forged); and 4. Application for service that appears to have been altered or forged. C. Suspicious Personal Identifying Information Red Flaas 1. Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates); 2. Identifying information presented that is inconsistent with other sources of information (for instance, an address not matching an address on a credit report); 2 3. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; 4. Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); 5. Social security number presented that is the same as one given by another customer; 6. An address or phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required); and 8. A person's identifying information is not consistent with the information that is on file for the customer. D. Suspicious Account Activity or Unusual Use of Account Red Flags 1. Change of address for an account followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use (example: very high activity); 4. Mail sent to the account holder is repeatedly returned as undeliverable; 5. Notice to the utility that a customer is not receiving mail sent by the utility; 6. Notice to the utility that an account has unauthorized activity; 7. Breach in the utility's computer system security; and 8. Unauthorized access to or use of customer account information. E. Alerts from Others Red Flag Notice to the utility from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in identity theft. IV. DETECTING RED FLAGS A. New Accounts In order to detect any of the red flags identified above associated with the opening of a new account, utility personnel will take the following steps to obtain and verify the identity of the person opening the account: 3 Detect 1. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; 2. Verify the customer's identity (for instance, review a driver's license or other identification card); 3. Review documentation showing the existence of a business entity; and 4. Independently contact the customer. B. Existing Accounts In order to detect any of the red flags identified above for an existing account, utility personnel will take the following steps to monitor transactions with an account: Detect 1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); 2. Verify the validity of requests to change billing addresses; and 3. Verify changes in banking information given for billing and payment purposes. V. PREVENTING AND MITIGATING IDENTITY THEFT In the event utility personnel detect any identified red flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: Prevent and Mitigate 1. Continue to monitor an account for evidence of identity theft; 2. Contact the customer; 3. Change any passwords or other security devices that permit access to accounts; 4. Not open a new account; 5. Close an existing account; 6. Reopen an account with a new number; 7. Notify the program administrator for determination of the appropriate step(s) to take; 8. Notify law enforcement; or 9. Determine that no response is warranted under the particular circumstances. Protect customer identifying information In order to further prevent the likelihood of identit accounts, the utility will take the following steps procedures to protect customer identifying information y theft occurring with respect to utility with respect to its internal operating 4 1. Ensure that its website is secure or provide clear notice that the website is not secure; 2. Ensure complete and secure destruction of paper documents and computer files containing customer information; 3. Ensure that office computers are password protected and that computer screens lock after a set period of time; 4. Keep offices clear of papers containing customer information; 5. Request only the last 4 digits of social security numbers (if any); 6. Ensure computer virus protection is up to date; and 7. Require and keep only the kinds of customer information that are necessary for utility purposes. VI. PROGRAM UPDATES The program administrator will periodically review and update this program to reflect changes in risks to customers and the soundness of the utility from identity theft. In doing so, the program administrator will consider the utility's experiences with identity theft situations, changes in identity theft methods, changes in identity theft detection and prevention methods, and changes in the utility's business arrangements with other entities. After considering these factors, the program administrator will determine whether changes to the program, including the listing of red flags, are warranted. If warranted, the program administrator will update the program or present the City Council with his or her recommended changes and the City Council will make a determination of whether to accept, modify or reject those changes to the program. VII. PROGRAM ADMINISTRATION A. Oversight Responsibility for developing, implementing and updating this program lies with an Identity Theft Committee for the utility. The Committee is headed by a program administrator who may be the head of the utility or his or her appointee. Two or more other individuals appointed by the head of the utility or the program administrator comprise the remainder of the committee membership. The program administrator will be responsible for the program administration, for ensuring appropriate training of utility staff on the program, for reviewing any staff reports regarding the detection of red flags and the steps for preventing and mitigating identity theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the program. B. Staff Training and Reports Utility staff responsible for implementing the program shall be trained either by or under the direction of the program administrator in the detection of red flags, and the responsive steps to be taken when a red flag is detected. Staff will provide reports to the program administrator on incidents of identity theft, the utility's compliance with the program and the effectiveness of the program. C. Service Provider Arrangements In the event the utility engages a service provider to perform an activity in connection with one or more accounts, the utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. 1. Require, by contract, that service providers have such policies and procedures in place; and 2. Require, by contract, that service providers review the utility's program and report any red flags to the program administrator. D. Non-disclosure of Specific Practices For the effectiveness of this Identity Theft Prevention Program, knowledge about specific Red Flag identification, detection, mitigation and prevention practices must be limited to the Identity Theft Committee who developed this program and to those employees with a need to know them. Any documents that may have been produced or are produced in order to develop or implement this program that list or describe such specific practices and the information those documents contain are considered unavailable to the public because disclosure of them would be likely to substantially jeopardized the security of information against improper use, that use being to circumvent the utility's identity theft prevention efforts in order to facilitate the commission of identity theft. If a request is received for such information, City staff will request an opinion from the Texas Attorney General as to whether or not such information is public, citing concerns in regard to identity theft and federal laws requiring prevention of identity theft. 6 RESOLUTION R-09-3071 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, ADOPTING AN IDENTITY THEFT PREVENTION PROGRAM IN ACCORDANCE WITH AN AMENDMENT TO THE FAIR AND ACCURATE CREDIT TRANSACTIONS ACT OF 2003; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE DATE WHEREAS, a recent amendment to the Fair and Accurate Credit Transactions Act of 2003 requires the development of an Identity Theft Prevention Program; and WHEREAS, the new rules are scheduled to become effective May 1, 2009 and require municipal utilities and other departments to implement an identity theft program; and WHEREAS, this Resolution is being passed in full accordance with all requirements of State law, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters set forth herewith are found to be true and correct, are incorporated herein by reference as if copied in their entirety, and are adopted by the City. Sec. 2. THAT the City hereby adopts the Identity Theft Protection Program attached as Exhibit "A" and incorporated by reference herein to be the City's Identity Theft Protection Program. Sec. 3. THAT it is hereby declared to be the intention of the City, that if sections, paragraphs, clauses, and phrases of this Resolution are severable, and if any phrase, clause, sentence or section of this Resolution shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Resolution since the same would have been enacted by the City without the incorporation in this Resolution of any such unconstitutional or illegal phrase, clause, sentence, paragraph or section. Sec. 4. THAT this Resolution shall be in full force and effect from and after the date of its passage. Resolution R-09-3071 Page 2 of 2 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE _ AYES, NAYS AND DAY OF 2009. ATTEST: Cynthia Singleton City Secretary, TRMC, CMC CITY OF COLLEYVILLE David Kelly Mayor Exhibit "A" City of Colleyville Identity Theft Prevention Program Effective March 1, 2009 I. PROGRAM ADOPTION The City of Colleyville ("utility") developed this Identity Theft Prevention Program ("program") pursuant to the Federal Trade Commission's Red Flags Rule ("Rule"), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. This program was developed with oversight and approval of the City Council. After consideration of the size and complexity of the utility's operations and account systems, and the nature and scope of the utility's activities, the City Council determined this program was appropriate for the City of Colleyville, and therefore approved this program on February 17, 2009. 11. PROGRAM PURPOSE AND DEFINITIONS A. Fulfilling requirements of the Red Flags Rule (16 C.F.R.~681.2) Under the Red Flag Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of its operation. Each program must contain reasonable policies and procedures to: 1. Identify relevant red flags for new and existing covered accounts and incorporate those red flags into the program; 2. Detect red flags that have been incorporated into the program; 3. Respond appropriately to any red flags that are detected to prevent and mitigate identity theft; and 4. Ensure the program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from identity theft. B. Red Flags Rule definitions used in this program The Red Flags Rule defines "identity theft" as "fraud committed using the identifying information of another person" and a "Red Flag" as "a pattern, practice, or specific activity that indicates the possible existence of identity theft." According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors." All the utility's accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a "covered account" is: 1. Any account the utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and 2. Any other account the utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the utility from identity theft. "Identifying information" is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information, to identify a specific person," including: name, address, telephone number, social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer's Internet Protocol address, or routing code. III. IDENTIFICATION OF RED FLAGS In order to identify relevant red flags, the utility considers the types of accounts it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with identity theft. The utility identifies the following red flags, in each of the listed categories: A. Notifications and Warnings From Credit Reporting Agencies Red Flags 1. Report of fraud accompanying a credit report; 2. Notice or report from a credit agency of a credit freeze on a customer or applicant; 3. Notice or report from a credit agency of an active duty alert for an applicant; and 4. Indication from a credit report of activity that is inconsistent with a customer's usual pattern or activity. B. Suspicious Documents Red Flags 1. Identification document or card that appears to be forged, altered or inauthentic; 2. Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; 3. Other document with information that is not consistent with existing customer information (such as if a person's signature on a check appears forged); and 4. Application for service that appears to have been altered or forged. C. Suspicious Personal Identifving Information Red Flags Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates); 2. Identifying information presented that is inconsistent with other sources of information (for instance, an address not matching an address on a credit report); 3. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; 4. Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address); 5. Social security number presented that is the same as one given by another customer; 6. An address or phone number presented that is the same as that of another person; 7. A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required); and 8. A person's identifying information is not consistent with the information that is on file for the customer. D. Suspicious Account Activity or Unusual Use of Account Red Flaas 1. Change of address for an account followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in a way that is not consistent with prior use (example: very high activity); 4. Mail sent to the account holder is repeatedly returned as undeliverable; 5. Notice to the utility that a customer is not receiving mail sent by the utility; 6. Notice to the utility that an account has unauthorized activity; 7. Breach in the utility's computer system security; and 8. Unauthorized access to or use of customer account information. E. Alerts from Others Red Flag Notice to the utility from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in identity theft. IV. DETECTING RED FLAGS A. New Accounts In order to detect any of the red flags identified above associated with the opening of a new account, utility personnel will take the following steps to obtain and verify the identity of the person opening the account: Detect 1. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver's license or other identification; 2. Verify the customer's identity (for instance, review a driver's license or other identification card); 3. Review documentation showing the existence of a business entity; and 4. Independently contact the customer. B. Existing Accounts In order to detect any of the red flags identified above for an existing account, utility personnel will take the following steps to monitor transactions with an account: Detect 1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); 2. Verify the validity of requests to change billing addresses; and 3. Verify changes in banking information given for billing and payment purposes. V. PREVENTING AND MITIGATING IDENTITY THEFT In the event utility personnel detect any identified red flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: Prevent and Mitigate 1. Continue to monitor an account for evidence of identity theft; 2. Contact the customer; 3. Change any passwords or other security devices that permit access to accounts; 4. Not open a new account; 5. Close an existing account; 6. Reopen an account with a new number; 7. Notify the program administrator for determination of the appropriate step(s) to take; 8. Notify law enforcement; or 9. Determine that no response is warranted under the particular circumstances. Protect customer identifying information In order to further prevent the likelihood of identity theft occurring with respect to utility accounts, the utility will take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Ensure that its website is secure or provide clear notice that the website is not secure; 2. Ensure complete and secure destruction of paper documents and computer files containing customer information; 3. Ensure that office computers are password protected and that computer screens lock after a set period of time; 4. Keep offices clear of papers containing customer information; 5. Request only the last 4 digits of social security numbers (if any); 6. Ensure computer virus protection is up to date; and 7. Require and keep only the kinds of customer information that are necessary for utility purposes. VI. PROGRAM UPDATES The program administrator will periodically review and update this program to reflect changes in risks to customers and the soundness of the utility from identity theft. In doing so, the program administrator will consider the utility's experiences with identity theft situations, changes in identity theft methods, changes in identity theft detection and prevention methods, and changes in the utility's business arrangements with other entities. After considering these factors, the program administrator will determine whether changes to the program, including the listing of red flags, are warranted. If warranted, the program administrator will update the program or present the City Council with his or her recommended changes and the City Council will make a determination of whether to accept, modify or reject those changes to the program. VII. PROGRAM ADMINISTRATION A. Oversight Responsibility for developing, implementing and updating this program lies with an Identity Theft Committee for the utility. The Committee is headed by a program administrator who may be the head of the utility or his or her appointee. Two or more other individuals appointed by the head of the utility or the program administrator comprise the remainder of the committee membership. The program administrator will be responsible for the program administration, for ensuring appropriate training of utility staff on the program, for reviewing any staff reports regarding the detection of red flags and the steps for preventing and mitigating identity theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the program. B. Staff Training and Reports Utility staff responsible for implementing the program shall be trained either by or under the direction of the program administrator in the detection of red flags, and the responsive steps to be taken when a red flag is detected. Staff will provide reports to the program administrator on incidents of identity theft, the utility's compliance with the program and the effectiveness of the program. C. Service Provider Arrangements In the event the utility engages a service provider to perform an activity in connection with one or more accounts, the utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. 1. Require, by contract, that service providers have such policies and procedures in place; and 2. Require, by contract, that service providers review the utility's program and report any red flags to the program administrator. D. Non-disclosure of Specific Practices For the effectiveness of this Identity Theft Prevention Program, knowledge about specific Red Flag identification, detection, mitigation and prevention practices must be limited to the Identity Theft Committee who developed this program and to those employees with a need to know them. Any documents that may have been produced or are produced in order to develop or implement this program that list or describe such specific practices and the information those documents contain are considered unavailable to the public because disclosure of them would be likely to substantially jeopardized the security of information against improper use, that use being to circumvent the utility's identity theft prevention efforts in order to facilitate the commission of identity theft. If a request is received for such information, City staff will request an opinion from the Texas Attorney General as to whether or not such information is public, citing concerns in regard to identity theft and federal laws requiring prevention of identity theft. ;,;,, .., City of Colleyville 100 lain Street ~` ~ Colleyville, Texas 76034 r,.;: Agenda Briefing 817.503.1000 www.col leyvil le.com File Number: R-09-3055 File Number: R-09-3055 Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 02/17/2009 Agenda No.: 8a Status: Tabled 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: 1 01/06/2009 City Council 1 01/20/2009 City Council 1 02/03/2009 City Council 1 02/17/2009 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 February 3, 2009 City Council meeting to allow time for staff to prepare proposed amendments to the Land Development Code regarding a sidewalk escrow policy. The proposed amendments will be considered by City Council during the February 17, 2009 City Council meeting. Update This item was tabled at the January 6, 2009 City Council meeting to allow time for staff to prepare proposed amendments to the Land Development Code regarding a sidewalk escrow policy. The proposed amendments will be considered by City Council during the February 3, 2009 City Council meeting. Reading and Public Hearing Jenson Gainer is requesting a waiver to the construction of a new sidewalk and the City of Colleyville Page 1 Printed on 2N2/2009 Agenda Briefing Continued (R-09-3055) 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 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 City of Colleyville Page 2 Printed on 2/12/2009 Agenda Brietrng Continued (R-09-3055) 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 3 Printed on 2/12/2009 Location and Zoning Map ~~ R 0 ~`~ Site ~ _---~, ,. AG R20 1 ~` R40 ~1 f~ i_ ~' ~1 ~i 1 ,' ~ ~/1 P DR .~ ~` 1 1 Applicant's Request ~2~GEIV~D Jenson & Whitney Gainer 2109 Oak Knoll Ct. Colleyville, TX 76034 Pee .........-.; 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 Knoll Ct. (Lot 1 R-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 ail 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 ., ~. ~ ~,~ y~ Tr .i ~l ~ rti ~ _ ~ ..._. ~ ~ ~~:. 2 _. I fa,~1e~! L' Legend - Required Sidewalks (Between 4' & 6' in Width} -- Existing and Proposed Trails (Between 8' 8~ 12' in Width} Cottonbelt Trail (10' Walk connect Grapevine and Hurst) - - -Private Walking Paths (May be any size) Sidewalks NOT Required Escrow Option for Sidewalk ~ Municipal Locations } Parks Schools Water Features ~__ _--- City Limit -~ Railroad Property Plat Exhibit ~/ f ~_ ,.-~ i ~' / ~ I ` 5Q~' /' / ~I ~~y`` \~ ` ~ / ~1 I~ ~ ~N .. ~' / 1 I ei 4t~.d-. ~,~A/~ ~ I ~~ ~ dam'" I ,"~ ,~ ~ i it ~ / a I ,~ I / / ~~ I / ,~`"r I I / d i I ~ Y1.00' ~a 2~`~` '~ ~' .___ ~~ ~Subject~ ~- -"a»- ~~ _~ rV/ ~'.-, ~ `\\\ \ ~ V !. \\\\YT~ rfir~V ~ .~ 1 ~ \y ~` ` ~ ~ 1 \ ~~~, ~ ~ I. A. ANDRENS ~ ACS [A9F]IdT FD 210.1 SOT 1 R-A BLOCK 1 •.38t9 AC. te1,3T2 Sq. Ff. ,s cAS isc rASt~ucxr VQt. 1~7A PG 7W D]4T.CT. '+_~r 12.5' STREET R16HT-OF-WAY DEDICATIa7N D~D969 AC. (4221 Sq- ~ ~ 1 \ ~ \ ~ R09ER7 E. WOOS7ER ANNEfTA WDOSTER von u2& vc. a29 D.R.T.c.r. ~~t bJ-/ 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 ~,"_„ "~J ~` ~~ City of Colleyville 100 Mltain Street ~j Colleyville, Texas 76034 r~~~°~" Agenda Briefing 817.503.1000 www.col leyvil le.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 02/17/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 10 Final Action: Secretary File Name: Reports -February 17, 2009 Attachments: Colleyville Trails and Sidewalks Committee Minutes -August 18, 2008 Library Board Minutes -January 12, 2009 Planning and Zoning Commission Minutes -January 26, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 02/17/2009 City Council Title Colleyville Trails and Sidewalks Committee Minutes -August 18, 2008 Library Board Minutes -January 12, 2009 Planning and Zoning Commission Minutes -January 26, 2009 City of Colleyville Page 1 Printed on 2/12/2009 `~~ ~~ COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE ~ ® WORKSESSION MINUTES -August 18, 2008 re:s CALL TO ORDER The meeting was called to order at 4:05 p.m. ROLL CALL Present: David Klenzendorf, Gail Manion, Odilon Alvarado, Jack Olsen, Bahjat McElroy, Nancy Jane Langford Staff Present: Jeremy Hutt, Kathy Moore APPROVAL OF MINUTES Nancy Jane Langford moved to approve the minutes from the July 29, 2008 meeting with changes in regard to the Hall Johnson Road handicap ramps. The sentence should read "they force the pedestrian traffic onto Hall Johnson Road". Bahjat McElroy seconded the motion. The vote was unanimous. WORKSESSION AGENDA ITEMS 1. Discussion and Continuation of the Sidewalk Master Plan David Klenzendorf opened the meeting with the continuation of the update of the sidewalk master plan map. Nancy Jane Langford stated that she talked with people about Chelsea Park and they did not want sidewalks and she was concerned about requiring sidewalks where the residents were not interested in having them. David Klenzendorf is concerned about justifying the Committee's decisions to the public; he wants to insure that the Committee is being consistent. They reviewed their original criteria in which sidewalks would be required and when they would not be required. Discussions continued with areas of concern and with areas in which different members had actually drove and looked at. There was quite a bit of discussion on which side of the street sidewalks would be required and when and why it would be required on both sides of the street. The Committee continued to work on filling in the gaps on the map until agreed it was complete. Jeremy Hutt stated that the only other thing that he would need from them is a letter addressed to Council stating the reasons behind developing the map, their recommendations and any variance process that they would like to see implemented. Jeremy Hutt also informed the Committee that a member of the Committee should be present when the recommendations are presented to Council. David Klenzendorf requested that Gail Manion be present if possible. Jeremy Hutt stated that the earliest it could go to Council would be September 16, 2008 everyone agreed there was not Colleyville Trails and Sidewalks Committee Worksession Minutes -August 18, 2008 enough time to make that date; we will try to be ready by the October 8, 2008 Council meeting. The Committee made a few additional adjustments to the map and turned it over to Jeremy Hutt to implement the changes. Jeremy gave a brief update on the 2008 Sidewalk Improvements. Gail Manion asked if there had been a meeting with the Police Department and GCISD concerning the crossing guards; Jeremy Hutt replied that he was not aware of any such meeting. David Klenzendorf asked who would be rotating off the Committee at the new year. Odilon Alvarado, David Klenzendorf, Nancy Jane Langford and Jack Olsen's appointment will be up at the end of this year. Nancy Jane Langford does not plan to serve on the Committee in the coming year; the others were still undecided. STAFF REPORTS The committee agreed to have their quarterly meeting on Tuesday, November 11, 2008 at 4:00 p.m. ADJOURNMENT The meeting adjourned at 5:12 p.m. Respectfully Submitted, Kathy E. Moore Administrative Assistant Approved on: November 11, 2008 Colleyville Trails and Sidewalks Committee Worksession Minutes -August 18, 2008 COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES January 12, 2009 CALL TO ORDER -Chair Jerome Davis called the meeting of the Colleyville Public Library Board to order at 7:01 p.m. ROLL CALL -Members present: Pat Jones, Karen Birkes, Steve Isbell, Jerome Davis, Mary Alice Rippe and Nancy Bowen Members Absent: Richard Roxburgh Alternates Absent: Kathleen Hennessey and Thad Bolline Ex-Officio Members Present: Kay Newton Ex-Officio Members Absent: Steve Banta, Dr. Larry Darlage, Mayor David Kelly, Jorge Rodriguez, Cecilia Monacelli and Ret Stansberger Staff present: Mary Rodne II. APPROVAL OF NOVEMBER 10, 2008 MINUTES - A motion was made by Karen Birkes and seconded by Nancy Bowen to approve the November 10, 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 November and December, patrons had checked out a total of 29,919 items, 226 Colleyville residents registered for library cards, library patron visits totaled 13,608, attendance for programs totaled 1,472 and volunteer hours totaled 213.50 hours. Rodne noted that the total circulation of library materials this year was 5% higher than the total circulation of library materials last year at this time. b. Donations Director Rodne reported that the Library had received a total of $140 in donations in November and December. The donations included: $40 from Barbara Eakman for books on grief in memory of James Aaron Schmulen and $100 from the Robert Haas Family. Rodne noted that the donation from the Robert Haas Family would be used to purchase adult non-fiction books. c. Programs Director Rodne reported that the Library's second Holiday Open House event held on December 13, 2008, had been very successful and well received by the 363 who attended the event. Director Rodne announced that registration for Youth Services Winter/Spring 2009 Programs was starting on January 19, and that the programs would be starting the week of January 26, 2009. Youth Services Winter/Spring 2009 Program brochures were distributed, and it was noted that program registration was going very well. Rodne added that the Library had held a very successful Movie Marathon on January 2, 2009, from 10:30 a.m. - 4:00 p.m., and that around 99 had attended throughout the day. Rodne also presented an update on the Library's 2009 Summer Reading Program, Libraries: Deep in the Heart of Texas! IV. DISCUSSION OF THE COLLEYVILLE PUBLIC LIBRARY BOARD 2009 MEETING DATE SCHEDULE Director Rodne distributed the revised 2009 Library Board meeting schedule for review. The Board confirmed the schedule as presented. V. DIGITAL BOOKMOBILE EVENT Director Mary Rodne announced that the Colleyville Public Library was going to host the Overdrive, Inc. Digital Bookmobile, a 74-foot, high-tech tractor- trailer, on January 20, 2009 from 11:00 a.m. to 6:00 p.m. in the Market Street parking lot. Rodne noted that the Digital Bookmobile is owned and operated by Overdrive, Inc., the Library's Digital Library service provider, and that the high-tech vehicle was on a national tour. Additionally, Rodne reported that Colleyville was one of many stops and the last in Texas. Rodne added that the Digital Bookmobile is a community outreach vehicle for public libraries to promote downloadable eBooks, audio books, music, and video services. Rodne concluded that Radio Disney would be at the event from 4:00 p.m. to 6:00 p.m., and invited everyone to tour and experience the interactive high- tech bookmobile. VI. NORTH TEXAS REGIONAL LIBRARY SYSTEM ASSEMBLY MEETING Director Rodne reported that the Colleyville Public Library was going to host a North Texas Regional Library System Assembly Meeting on January 22, 2009, from 10:00 a.m. - 12:00 p.m., and that in the afternoon a North Texas Regional Library System workshop entitled, Managing Across Generations, was going to be held at the Library. Rodne noted that she would be attending the meeting as well as Nancy Bowen, Colleyville's System Assembly Representative. VII. NORTH TEXAS CONFERENCE FOR LIBRARY SUPPORTERS Director Mary Rodne presented an update on 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. VIII. COLLEYVILLE PUBLIC LIBRARY SPATIAL REORGANIZATION PROJECT PLAN UPDATE Director Mary Rodne presented an update on the Library's Spatial Reorganization Project Plan and reported that Sam McBane Mulford, Principal Strategist, of Ideation Collaborative had submitted a revised Spatial Reorganization Plan draft the end of December. Rodne noted that she was reviewing the revised plan and working on additional items that needed to be included in the final plan. IX. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Kay Newton reported that the Friends of the Library had held a Board Meeting on January 8, 2009, and that the Friends finalized plans for the 2009 Fourth Thursday Author Series, which will feature local authors. Newton announced that on January 22, 2009, Dave Leiber, Star-Telegram Columnist, would be featuring his current book, Dave Lieber's Watchdog Nation and that on February 26, 2009, John M. Tippets would be featuring his book, Hearts of Courage. Newton added that on March 26, 2009, Kathleen Rogers would be talking about her book entitled, Together, We live On. Newton concluded that additional authors would be included in the series in April and May and that the programs would be held in the Library at 7:00 p.m. X. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Pat Jones reported for President Cecilia Monacelli that the Foundation Board had not met in December and that details of the 2008 Library Foundation annual fundraisers would be discussed at the next Foundation meeting scheduled the end of January. XI. NEXT MEETING DATE Chair Jerome Davis noted that the next Library Board meeting was scheduled on February 9, 2009. XII. SUGGESTED ITEMS FOR FUTURE MEETINGS None XIII. CITIZEN COMMENTS None XIV. 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 7:36 p.m. •'~~;~. City of Colleyville 100CMainStreet ~~~ ~ Colleyville, Texas 76034 Minutes -Final 817.503.1000 '~ ~~~, www.colleyville.com Planning and Zoning Commission Monday, January 26, 2009 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 AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ANNUAL MASTER PLAN UPDATE 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 January 26, 2009 by 7:05 p. m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps and Jeff Byerly Absent: Commissioner Ron Rotthaus Staff Present: Ron Ruthven, Justin Bass, Rob McKeown and Jeremy Hutt 3. INVOCATION Commissioner Rotthaus The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES January 12, 2009 Commissioner Dudziak moved to approve the January 12, 2009 meeting minutes as written. Commissioner Knox seconded. City of Colleyville pays ~ Printed on 2/10/2009 Planning and Zoning Commission Minutes -Final January 26, 2009 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 - Rotthaus 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Discussion of possible amendments to Chapter 9-Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations, Case G-09-005 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:08 p.m. There being no one wishing to speak, the public hearing was closed at 7:08 p.m. Commissioner Redfearn questioned staff regarding what is the process for approving the ordinance? He also questioned staff regarding if once the ordinance is approved, would the boundaries of the six neighborhoods be refreshed as to make an improvement to what the City has today? He questioned staff with regards to how could the neighborhood map be updated? Ron Ruthven replied the map could be updated numerous ways, however, it would have to come back to the Commission for approval. Commissioner Byerly questioned staff regarding if the map could be updated when the Master Plan updates are completed, in five or six years? Ron Ruthven replied yes. Commissioner Phelps stated being in favor of the structure of the ordinance, however, he stated seeing the concern for the builder or the homeowner once they have escrow monies fora sidewalk and then the monies being spent in another area. He stated there is room for improvement on the map for those neighborhood boundaries to be reduced to be more "neighborly". Commissioner Redfearn questioned staff regarding what is the timeline for this to move to City Council? Ron Ruthven replied the City Council will hear the first reading on February 3 and the second reading on February 17. He stated if the City Council approves the ordinance on February 17, it will become effective immediately upon passage of the ordinance. He stated the policy states that for anyone that has paid into City of Colleyville page 2 Printed on 2/10/2009 Planning and Zoning Commission Minutes -Final January 26, 2009 escrow, would have 30 days from then to appeal the ability of that escrow to be spent away from the property for which it was paid. He stated if they wrote to City Council for an objection to that, the escrow would stay. Commissioner Byerly questioned staff regarding if they would be notified of the ordinance passing? Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding who would be tracking this as far as the escrow of funds? Ron Ruthven replied the accounting staff. He stated the Public Works department would be the department to decide where the monies would be spent. Commissioner Redfearn questioned staff regarding current funds are escrow for future sidewalk construction are reserved for the property that reserved the funds in the first place? Ron Ruthven replied yes. Commissioner Phelps questioned staff regarding which board or commission would be the one to re-align the boundaries or escrow zones of the neighborhoods? Ron Ruthven replied City Council will have the final approval on it. He stated, at minimum, the Planning and Zoning Commission. Commissioner Byerly moved to approve case G-09-005. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 - Rotthaus 8. ADJOURNMENT The meeting was adjourned at 7:16 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, January 22, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on February 9, 2009. City of Colleyville Page 3 Printed on 2HlU2l)09 RESOLUTION R-09-3072 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF FEBRUARY 17, 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 ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2009. CITY OF COLLEYVILLE David Kelly Mayor