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City Council-Agenda Packets-3/3/2009
City Hall ~~~~ .~, City of Colleyville 100 Main Street _a~ ~ Colleyville, Texas 76034 Agenda 817.503.1000 ~,;,~,,; vrww.colleyville.com City Council Tuesday, March 3, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of setting a date for a joint worksession with the City Council and the Planning and Zoning Commission to conduct a visioning workshop regarding the State Highway 26 (SH26) Redevelopment Study PC-2 Presentation and discussion of City Council budget calendar PC-3 Discussion of the March 3, 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 City of Colleyville Page 1 Printed on 2/26/2009 City Council Agenda March 3, 2009 INVOCATION: Pastor Lee Johnson, Bear Valley Community 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-09-3073 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of employees for years of service 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3074 4a Approval of the minutes of the regular City Council meeting of February 17, 2009 4b Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 10,252 square feet of City owned property in the 200 block of Black Drive 4c Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC08-001 4d Approval of the Colleyville Trails and Sidewalks Committee recommendations for the Fiscal Year 2008-2009 (FY 2008-09) sidewalk construction 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1711 Approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code 5b 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 City of Colleyville Page 2 Printed on 2/26/2009 City Council Agenda March 3, 2009 5c 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1714 Approval of a Special Use Permit (SUP) for a carport on Lot AR, Block 7 of the Windview Estates Addition located at 2325 Oak Knoll, Case ZC09-001 7. TABLED ITEM: READING AND PUBLIC HEARING 7a R-09-3055 Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1 R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Colleyville Trails and Sidewalks Committee Minutes -November 11, 2008 Colleyville Center Advisory Committee Minutes -November 17, 2008 Planning and Zoning Commission Minutes -February 9, 2009 Colleyville Trails and Sidewalks Committee Minutes -February 10, 2009 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 3, 2009 - Reading and Public Hearing -Resolution R-09-3075 11. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 27, 2009, by 5:00 p.m. City of Colleyville Page 3 Printed on 2/26/2009 City Council ~"1~ Agenda March 3, 2009 ~4 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 2/26/2009 ,~,_ .., ~ ~~ ~^, ~ 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 Requester: Community Development Department Agenda Date: 03/03/2009 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Discussion of setting a date for a joint worksession with the City Council and the Planning and Zoning Commission to conduct a visioning workshop regarding the State Highway 26 (SH26) Redevelopment Study Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 03/03/2009 City Council Title Discussion of setting a date for a joint worksession with the City Council and the Planning and Zoning Commission to conduct a visioning workshop regarding the State Highway 26 (SH26) Redevelopment Study Explanation On May 6, 2008, the City entered into an agreement with Beeler Guest Owens Architects (BGO), for a redevelopment study of the SH26 corridor between Hall Johnson Road and Little Bear Creek. On September 29, 2008, a joint worksession with the City Council and the Planning and Zoning Commission was held to review the final recommendations of the SH26 redevelopment study completed by BGO. It was determined that a future visioning worksession should be held to further discuss the study. This item seeks to establish a date for a joint City Council and Planning and Zoning Commission worksession to conduct a visioning workshop concerning the SH26 redevelopment study. The visioning workshop will facilitate the creation of an overlay zoning district that implements key elements of the study as well as preferences identified at this meeting. City of Colleyville Page 1 Printed on 2/25/2009 City Hall Ea~- ~,:~ City of Colleyville 100 Main Street Colleyville, Texas 76034 817. 503.1000 Agenda Briefing www.col leyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 03/03/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-2 Final Action: Manager File Name: Presentation and discussion of City Council budget calendar Attachments: FY 2010 Budget Schedule.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/03/2009 City Council Title Presentation and discussion of City Council budget calendar Explanation This item is provided as an opportunity to receive City Council comments concerning the proposed 2010 budget calendar. The development of the City's annual budget requires a considerable amount of time and preparation by both City Council and staff. The draft 2010 budget calendar notes various budget meeting dates and worksessions with City Council. These dates are highlighted for your review. Please review these dates and advise if there are any meeting conflicts which need to be addressed. City of Colleyville Page 1 Printed on 2/26/2009 CITY OF COLLEYVILLE FY 2010 BUDGET SCHEDULE Tuesday, March 3 City Council reviews Proposed FY 2010 Budget Schedule Wednesday, March 11 Review Budget Calendar dates with City Council candidates Thursday, March 12 Budget/BAF Kickoff Meetings -Base budgets and BAFs distributed Friday, March 27 Personnel reclassification requests and personnel BAFs due to Human Resources Tuesday, April 21 City Council Mid-Year Budget Presentation and discussion of FY 2010 Budget priorities Tuesday, April 28 Human Resources distributes update salary and benefits costs for personnel BAFs Thursday, April 30 Base Budgets, Goals, Objectives and Service Delivery Measures due to Assistant City Manager /Revenue Detail Sheets due to Finance Director Wednesday, May 6 - Base Budget presentations to Budget Committee Friday, May 8 Thursday, May 14 & City Council Planning and Budget Worksession -Review FY 2009 Budget and Friday, May 15 2010 Council Work Initiatives Friday, May 15 Tarrant Appraisal District releases preliminary appraisal information Wednesday, May 20 Finance Director completes preliminary revenue estimates Friday, June 5 BAFs due to Assistant City Manager Thursday, June 11 BAF Ranking Workshop Friday, June 12 City Manager and Budget Committee review preliminary budget Tuesday, June 16 Colleyville Crime Control and Prevention District meeting - FY 2010 Budget adoption Tuesday, July 7 Departments receive City Manager base budget decisions Friday, July 10 Base Budget appeals due to City Manager Monday, July 20 Departments receive final City Manager decisions Monday, July 27 Tarrant Appraisal District releases certified tax roll Friday, July 31 City Manager's Proposed Budget distributed to City Council Thursday, August 6 & City Council Budget Worksession Friday, August 7 Tuesday, August 11 City Council Special Meeting -Discussion of FY 2010 Tax Rate Colleyville Economic Development Corporation budget planning session Tuesday, August 25 City Council -Public Hearing FY 2010 Tax Rate Colleyville Economic Development Corporation meeting - FY 2010 Budget adoption Tuesday, September 1 Budget and tax rate ordinances -First Reading and public hearing Tuesday, September 15 Budget and tax rate ordinances -Second Reading, public hearing and adoption ~rzs~, ~ ~ City of Colleyville City Hall (~ ~ + 100 Main Street `~ Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Version: 1 Agenda Date: 03/03/2009 Requester: Office of the City Agenda No.: PC-3 Secretary File Name: Discussion of the March 3, 2009 regular agenda items Attachments: History of Legislative File Status: Pre Council Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 03/03/2009 City Council Title Discussion of the March 3, 2009 regular agenda items City of Colleyville Page 1 Printed on 2/25/2009 ~ City Hall d~~k~~`~~.1~~ 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 Requester: Office of the City Secretary Agenda Date: 03/03/2009 Agenda No.: 1 File Name: Executive Session -Legal -March 3, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 03/03/2009 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 2/23/2009 RESOLUTION R-09-3073 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MARCH 3, 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 ~ `~ ~ ~ E~ City of Colleyville City Hall (~ 100 Main Street "~'`~ `' Colleyville, Texas 76034 ~~~~~;~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 03/03/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -March 3, 2009 Attachments: Employee Years of Service -January -March 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 03/03/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of employees for years of service City of Colleyville Page 1 Printed on 2/25/2009 In Recognition of Employee Years of Service January -March 2009 20 YEARS GARY MOORE Police Department 1 YEAR JUSTIN BASS Community Development 15 YEARS SCOTT HAM Public Works KATHY MOORE Engineering 10 YEARS RAYMON CANNON Police Department KILA GURULE Police Department LIN PRZYBYL Colleyville Center JOHN RETZOS Police Department BRIAN THORNE Police Department KEITH CAMPBELL Fire Department DANIEL HELD Parks and Recreation KAREN MOORE Police Department JESSE PEREZ Human Resources TOBY SIMS Police Department WILLIAM WEAVER Parks and Recreation MONICA WALSH Parks and Recreation RESOLUTION R-09-3074 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF MARCH 3, 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 17, 2009 b. Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 10,252 square feet of City owned property in the 200 block of Black Drive c. Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC08-001 d. Approval of the Colleyville Trails and Sidewalks Committee recommendations for the Fiscal Year 2008-2009 (FY 2008-09) sidewalk construction 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 ",;y City of Colleyville _~~~ca,~i3' k~ ', City Council Minutes -Draft ~, _., City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, February 17, 2009 CITY COUNCIL CHAMBERS PC-1 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 17, 2009, at 5:35 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, Colleyville Center Manager Lin Przybyl, Marketing Coordinator Jamie Jones, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Presentation of Colleyville Center Feasibility Study - Phase I Broad Market Study and Preliminary Financial Assessment Colleyville Center Manager Lin Przybyl provided information regarding the history and usage of the Colleyville Center, purpose of the Colleyville Center Feasibility Study and introduced Dr. Terry Clower of Weinstein, Clower and Associates and Ms. Amy Sibley of Komatsu Architecture. Dr. Terry Clower of Weinstein, Clower & Associates, presented a summary of the study, The Colleyville Center: A Broad Market Assessment of Expansion Opportunities and answered questions of the City Council. Ms. Amy Sibley of Komatsu Architecture, presented a site analysis of expansion and renovation opportunities, conceptual estimates, a timeline for interior improvements and answered questions of the City Council. Discussion ensued regarding the conceptual estimates, operating expenses and revenues and potential funding sources. Mr. Mark Johnson, Chairman, Colleyville Center Advisory Committee, spoke regarding the impact of long term closure of the facility and recommended aphased-in approach for renovation of the Colleyville Center. City of Colleyville Page 1 Printed on 2/27/2009 City Council City Council Minutes -Draft February 17, 2009 Mr. Johnson further stated the Committee supports a performing arts theater at an alternative site. PC-2 PC-3 The City Council requested an outline of proposed improvements, an operating proforma and a timeline for renovation and expansion of the Colleyville Center. Finance Director Terry Leake provided information regarding financing options. Presentation of the Monthly Financial Report -January 2009 Finance Director Terry Leake presented the January 2009 Monthly Financial Report and reported sales tax revenue for January 2009 increased by 10.36% over 2008 and the sales tax revenue for February 2009 increased by almost 4%. Mayor Kelly reported the number of homes sold in Colleyville in January 2009 and the average selling price. Discussion ensued regarding the potential Fiscal Year 2009 budget adjustments. Finance Director Terry Leake outlined the Standard and Poor's rating criteria and reported the City's rating was upgraded from AA+ to AAA stable. Discussion of the February 17, 2009 regular agenda items Councilmember Licata requested clarification of Agenda Item 6b related to the intent of the Colleyville Trails and Sidewalks Committee for the escrow option. Community Development Manager Ron Ruthven stated the thirty day appeal period is available one time and any future waiver requests will be considered by the Planning and Zoning Commission. Mr. Odilon Alvarado, Chairman, Colleyville Trails and Sidewalks Committee outlined the criteria for development of the Supplemental Sidewalk System Map, stated the Committee desires future developments include sidewalk construction and the Committee did not address the use of escrow funds. City Attorney Michael Kallas stated, "the one time shot, when we are giving them an opportunity to object to the use of their funds or existing funds, Part 2, Section 9, you mentioned it could be refunded or used in City of Colleyville Page 2 Printed on 2/27/2009 City Council City Council Minutes -Draft February 17, 2009 the district. The actual language is the City Council has the choice of two things, either refund the escrow money or deny the refund and order the funds to only be used for future sidewalk construction on that lot. So for people that have existing money in the fund and wish to object, City Council may consider that and refund the money or they may basically put back in place what was promised before; that it will only be used to construct the sidewalk in front of the lot and may not be used anywhere else in the district. If the City Council wishes to change that, the City Council will need to include the change in the motion." City Attorney Michael Kallas further stated, "my comments were directed at the existing money and if the City Council wants it for existing monies and wants to make it applicable and give the option to future Councils and this Council and future construction on that lot or in that sidewalk district, that would be fine." Councilmember Wollin requested clarification of Agenda Item 5a, regarding fence construction and the front yard setback. Community Development Manager Ron Ruthven stated, generally fences are built on the property line and generally the property line is set back ten feet from the street and there is a greenbelt area. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:45 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on February 17, 2009, at 6:46 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, Library Director Mary Rodne, Communications Manager Mona Gandy, Management Assistant Christine Loven, Parks and Recreation Director Monica Walsh, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas 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 City of Colleyville Page 3 Printed on 2/27/2009 City Council City Council Minutes -Draft February 17, 2009 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 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 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 6:46 p.m. and reconvened at 7:39 p.m. INVOCATION: Pastor Tom Pimbleton, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Michael Kallas 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3069 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Wollin invited citizens to attend the Author Program, February 26, 2009, at 7:00 p.m. at the Colleyville Public Library and enjoy John Tippets discuss his recent book, Hearts of Courage, the 29-day true survival story about the 1943 Gilliam plane crash in Alaska. Councilmember Taylor commended Mayor Kelly for his leadership and the Fire and Police Department personnel's exemplary service in the aftermath of the tornado and reported no one was injured. He further stated citizens expressed appreciation to the City Council and first responders for an excellent job. Mayor Kelly commended the Fire Department, emergency management services, Public Works Department ,Police Department personnel and City of Colleyville Page 4 Printed on 2/27/2009 City Council City Council Minutes -Draft February 17, 2009 the American Red Cross, Salvation Army and refuse management corporation, IESI, Dr. Ken Cromeans and Mr. Von Husbands of Red Barn Bar-B-Que, for their assistance and support in the recovery efforts of the storm. Mayor Kelly announced that information on preparing for emergency situations may be accessed on the Colleyville web site. Mayor Kelly invited citizens to apply for open positions on the Celebrate Colleyville Steering Committee, SH26 Advisory Committee, Colleyville Trails and Sidewalks Committee, Traffic Safety Advisory Committee, Senior Center Advisory Committee and Metroport Teen Court Advisory Board. Mayor Kelly recognized Interim Fire Chief Russell Shelley for successful completion of the United States Fire Administration's National Fire Academy. Chief Shelley expressed appreciation to family and fire department personnel for their support and extended special gratitude to Interim Assistant City Manager Mike Johnston and the Mayor and City Council. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3070 4a 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 Mayor Kelly read Resolution R-09-3070 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. City of Colleyville Page 5 Printed on 2/27/2009 City Council City Council Minutes -Draft February 17, 2009 Councilmember Taylor moved to approve Resolution R-09-3070. 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 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 Mayor Kelly read the caption of Ordinance 0-09-1708. 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 0-09-1708. 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 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 Mayor Kelly read the caption of Ordinance 0-09-1709. 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 clarified a Special Use Permit is required for installation of a wind energy system and City Council may further amend the specifications as Special Use Permit requests are considered in the future. City of Colleyville Page 6 Printed on 2/27/2009 City Council City Council Minutes -Draft February 17, 2009 Councilmember Kelly moved to approve Ordinance 0-09-1709. 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 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 Mayor Kelly read the caption of Ordinance 0-09-1710. 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 0-09-1710. 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 0-09-1711 Approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code Mayor Kelly read the caption of Ordinance 0-09-1711. Community Development Manager Ron Ruthven provided information regarding the addition of Murphy Road and Lavaca Trail to the Master Thoroughfare Plan, the impact fee update by Kimley-Horn and Associates, Inc., which includes adding Murphy Road and Lavaca Trail to the impact fee project list on the capital improvements plan and introduced Mr. Jeff Whitacre of Kimley-Horn and Associates, Inc. Mr. Jeff Whitacre, Kimley-Horn and Associates, Inc., provided an overview of the Roadway Impact Fees Update. City of Colleyville Page 7 Printed on 2/27/2009 City Council City Council Minutes -Draft February 17, 2009 Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 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 Mayor Kelly read the caption of Ordinance 0-09-1712. Community Development Manager Ron Ruthven provided an overview of the current sidewalk regulations and the proposed amendments to Chapter 9-Subdivision Design and Public Facilities of the Land Development Code regarding sidewalk regulations. 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 Licata provided information regarding the process for development of the Supplemental Sidewalk System Map, which identifies where sidewalks should be constructed or if funds should be escrowed for future construction and the proposed sidewalk escrow policy. Mayor Kelly complimented Councilmember Licata and the Colleyville Trails and Sidewalks Committee for the development of the Supplemental Sidewalk System Map. 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 Mayor Kelly read the caption of Ordinance 0-09-1713. Community Development Manager Ron Ruthven provided an overview of the request for an amendment to the Planned Unit Development Commercial zoning and development requirements at 1117 Glade Road and stated the Planning and Zoning Commission and staff recommends approval. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Printed on 2/27/2009 City Council City Council Minutes -Draft February 17, 2009 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 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 Mayor Kelly read Resolution R-09-3071 in its entirety. Finance Director Terry Leake provided an overview of the Identity Theft Prevention Program and stated the Fair and Accurate Credit Transactions Act of 2003 requires cities and utilities to adopt an Identity Theft Prevention Program. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-09-3071. 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 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 Resolution R-09-3055 was not removed from the table. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. City of Colleyville Page 9 Printed on 2/27/2009 City Council City Council Minutes -Draft February 17, 2009 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 There was no discussion of this item. 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 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 8:05 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS AN D 2009. City of Colleyville Page 10 Printed on 2/27/2009 ~~,v w\ 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 Requester: Community Development Department Agenda Date: 03/03/2009 Agenda No.: 4b Controlling Body: City Council Final Action: File Name: Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 10,252 square feet of City-owned property in the 200 block of Black Drive Attachments: Notice of Land Exchange Land Exchange Offer History of Legislative File Version: Date: Acting Body: Action Text: 1 03/03/2009 City Council Title Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 10,252 square feet of City owned property in the 200 block of Black Drive Explanation Reading and Public Hearing Black Drive is an approximately 1,600 foot long public street that is located between Bransford Road on the eastern terminus and the boundary of the Mill Creek Addition at the western terminus. It is at the western terminus the applicant proposes, through a property exchange with the City, to realign Black Drive and develop a five lot single family development. Under this proposal, the applicant will exchange 19,986 square feet (0.459 acres) of new Black Drive right-of-way (ROW) for 10,252 square feet (0.235 acres) of existing Black Drive ROW. Upon the transfer of properties, the existing Black Drive ROW would be incorporated into one of the proposed residential lots while the new ROW would re-orient Black Drive due north for 240 feet where it would terminate into a cul-de-sac. Given the location of an existing water service line within the ROW to be transferred, a 16 foot easement will be required to be located over the water line upon approval of the final plat for the new development. This easement is shown on the preliminary plat. The new portion of Black Drive resulting from this exchange will be constructed and financed by the developer. The proposed exchange of real property must be undertaken in accordance with Chapter 272 of the Texas Local Government Code. Chapter 272 provides an exception to the City of Colleyville Page 1 Printed on 2/26/2009 Agenda Briefing Continued normal competitive bidding requirements for the sale of the City owned real estate. The critical requirement of Chapter 272 is mandatory notice which must be published. The notice of a proposed exchange of real estate must be published in the City's newspaper of choice on two separate dates, and the exchange may not be made until after the 14th day after the date of the second publication. For like land and property of approximate equal value, an offer of exchange is submitted pursuant to Texas Local Government Code, Chapter 272. Sealed written bid offers were received by staff and opened on February 23, 2009 at 2:00 p.m. Only one bid was received from Joel Lenamon, current property owner of the proposed new ROW, as attached. The bid included the following items: - Mr. Lenamon will trade 0.459 acre tract of land fora 0.235 acre tract of City owned land. - The new ROW property that is being offered for exchange has approximately the same or greater value as the City property and is within the same general vicinity as the City property. - The new ROW property offered for exchange will be free and clear of liens and encumbrances at the time of closing. - The owner of the new ROW property offered for exchange will execute a General Warranty Deed in a form agreeable to both City and owner at closing. - Closing shall be within 120 days after the Colleyville City Council has accepted this offer; and has approved the final plat of the Black Drive Subdivision as submitted by the owner. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 2/25/2009 NOTICE OF LAND EXCHANGE NOTICE SOLICITING OFFERS TO EXCHAGE CERTAIN LAND OWNED BY THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, PURSUANT TO TEXAS LOCAL GOVERNMENT CODE, CHAPTER 272. The City of Colleyville, Tarrant County, Texas, a home rule municipality, does hereby solicit offers to exchange the following describe land: An approximately 10,252 square foot portion of the City-owned parcel, such parcel being a variable width of permanent public right of way situated in the Thomas J. Poulson Survey, Abstract No. 1248, located in the 200 block of Black Drive. For like land and property of approximately equal value, this offer of exchange is submitted pursuant to Texas Local Government Code, Chapter 272. Interested parties may review the City's property at any time and during regular business hours by contacting Interim City Manager, Kelly Cooper, (817) 503-1116, City Hall, 100 Main Street, Colleyville, Texas 76034. Conditions of Exchange. 1. Property offered for exchange shall be approximately the same value as the City's property and be within the same general vicinity as the City's property. 2. Property offered for exchange shall be free and clear of liens and encumbrances. 3. Party(s) submitting acceptable offer shall execute a General Warranty Deed with free and clear title, at closing, which closing and exchange shall take place within ten (10) days or within amutually-agreeable time, after City Council accepts the offer of exchange, at a land title company in Colleyville, Texas. 4. Sealed written bid offers of exchange shall be submitted to City Secretary, Cynthia Singleton, 104 Main Street, Colleyville, Texas 76034, on or before 2:00 p.m., February 23, 2009, at such time the bids will be opened and read. 5. Details of the exchange shall be included in the bid. 6. The Colleyville City Council is not required to accept any offer or to complete any exchange. The Colleyville City Council is the sole judge of whether the property offered for exchange is of like kind and equal value. The Colleyville City Council shall consider the offer(s) to exchange at a re ular or called meeting of the City Council within ten (10) days of bids being ope ed. C~/~lthia S'hfgleton, City S~ y of Colleyville, Texas 100 Main Street Colleyville, Texas 76034 Land Exchange February 23, 2009 Ms. Cynthia Singleton, City Secretary City of Colleyville, Texas 100 Main Street Colleyville Texas, 76034 Re: Land Exchange Offer - 200 Block of Black Drive Dear Ms. Singleton, Please find attached our Land Exchange Offer for the property located in the 200 block of Black Drive in the City of Colleyville. We thank you very much for this opportunity to submit our offer and look forward to the bid opening. If you or anyone at the City should have any questions, please do not hesitate to contact me at your convenience. I am available anytime at 214-212-0558. Sincerely, J ely President 3063 Parr Lane, Grapevine, Teaas 76051 * 214-212-0558 cell * 817-251-4819 ietf.hearthstone dverizon.net LAND EXCHANGE OFFER This LAND EXCHANGE OFFER ("Offer" or "Agreement") is executed effective as of February 23, 2009, by Navasota 200 Black, LLC ("Owner"), a Texas limited liability company, Joel Lenamon, Manager. The Offer is made pursuant to the Notice of Land Exchange ("Notice") solicited by the City of Colleyville ("City"), a copy of such Notice is attached hereto. The City owns approximately 10,252 square feet of land designated as a public right of way (City Property) that is currently a portion of Black Drive, more fully described in the Plat of Exhibit A and Exhibit A attached. The City is soliciting offers to exchange this land for land and property of approximately equal value subject to certain Conditions of Exchange. Navasota is the owner of certain property ("New ROW") that meets all of the Conditions of Exchange as outlined on the Notice as more fully described in the Plat attached hereto as Exhibit B that is hereby offers to exchange for the City ROW, to wit: 1. The New ROW property that is being offered for exchange has approximately the same or greater value as the City Property and is within the same general vicinity as the City Property. 2. The New ROW property offered for exchange will be free and clear of liens and encumbrances at the time of Closing. 3. The Owner of the New ROW property offered for exchange will execute a General Warranty Deed in form agreeable to both City and Owner at Closing. 4. Closing shall be within 120 days after the Colleyville City Council has accepted this Offer; and, has approved the Final Plat of the Black Drive Subdivision as submitted by the Owner. 5. Each party to this Agreement agrees that it will pay its own attorney's fees and expenses in connection with the transaction. 6. This Agreement will inure to the benefit of and be binding upon al( parties hereto. 7. This Agreement is performable in Tarrant County, Texas and the provisions of this Agreement will be governed by and construed in accordance with the laws of the State of Texas. 8. The Parties shall execute such further documents and writings that may be necessary to effectuate the terms and conditions of this Agreement. OWNER Navasota 200 Black, LLC, a Texas limited liability company By: Joe en~mon, Manager 4016 teway, Suite 130 Co11e ille, TX 76034 817.545.3637 Land Exchange Offer EXHIBIT "A" Being a variable width Permanent Public Right-of--way Abandonment situated in the Thomas J. Poulson Survey, Abstract No. 1248 and being herein more particularly described by metes and bounds as follows: BEGINNING at a'/z" iron rod with cap stamped "SPOONER AND ASSOCIATES" set (1/2" CIRS) at the southwest property corner of Lot 1, Block 1, Burbank Addition, being an addition to the City of Colleyville according to the plat recorded in Cabinet A, Slide 4839, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said beginning point being on the east property line of Lot 9, Block D, Mill Creek Addition, being an addition to the City of Colleyville, according to the plat recorded in Cabinet A, Slide 595, P.R.T.C.T., said beginning point also being at the northwest corner of the existing right-of--way of Black Drive; THENCE North 89°31'38" East, along the south property line of the said Lot l and along the existing north right-of--way line of Black Drive, 203.91 feet to a 1 /2" CIRS; THENCE South O1°23'51" East 50.32 feet to a 1/2" CIRS on the north property line of Lot 29, Block D, Mill Creek Addition ~ Phase III, being an addition to the City of Colleyville according to the plat recorded in Cabinet A, Slide 1162, P.R.T.C.T., said point being on the existing south right-of--way line of Black Drive; THENCE South 89°35'18" West, along the north property line of Block D of the said Mill Creek Addition ~ Phase III and along the said existing south right-of--way line of Black Drive, 204.51 feet to a 1 /2" CIRS at an inner ell property corner of Lot 28, Block D of the said Mill Creek Addition ~ Phase III, said point being the southwest corner of the existing right-of-way of Black Drive; THENCE North 00°43'09" West, along an east property line of the said Lot 28, along the said east property line of Lot 9 and along the existing west right-of--way line of Black Drive, 50.10 feet to the Point of Beginning containing 0.235 acres (10,252.0 Sq. Ft.) of land more or less. NOTE: The basis of bearings for this survey is the Texas Coordinate System, Zone 4202, NAD 83 as determined locally using Continuous Operating Reference Stations. Company and Associates, Inc. t~.~ ~~F• . TF ~p ,~~~5 TERFO 9 ERIC SHAUN SPOONER .......................... 5922 ..~~ 'P P Of- fS51~e~,~OQ~ 9~~ SUR`~~~ By: - ~,. ~v~--- Surveyors N >te: Eric S. Spooner Registered rofessional Land Surveyor, Texas No. 5922 Date of Survey: 12-08-08 (Exhibit "A") Page 1 of 2 Land Exchange Offer 0 ~ U ~O ~ °m I --~ ---I o I ~U I ~o I OJ m I __J PLAT OF EXHIBIT "A" SEE ATTACHED LEGAL DESCRIPTION ON PAGE 1 OF EXHI6IT "A" HEREIN LOT 1, BLOCK 1 BURBANK ADDITION CAB. A, SLIDE 4839 ^~ P. R. T. C. T. NAVASOTA 200 BLACK, LLC 4016 GA TEWA Y ORI VE, S-130 COLLEYVILLE, TEXAS 76034 T. C. C.I. No. 0207257145, D.R. T. C. T. ~-- EX. PROPERTY UNE EX. PROPERTY UNE I PO/NT OF BEG/NN/NC 1/2" C/RS, 'r 1/2" C/RS ~ » '~POONER AND ASSOCL4TE5" I SPOONER AND ASSOC/A7FS N89.31 38 E ~~% i~///~///~/203.91//////////~ EXHIBIT "A" (BLACK DRIVE) PERMANENT VARIABLE WIDTH UBLIC RIGHT-OF-WAY ABANDONMENT% 0.235 ACRES (10,252.0 SQ. FT.) i ~~~~~~~~~~~~~sa9 as'ts"w~~~~~~~ ZO4.rJ1' ~ f/2" 1RF __ - t-- ----------- j -- -1/2" CIRS-------------- 1 1 ~ f0' ORG. dr UAL. ESMT. I "SPOONER AND ASSOC64TE5'" 1 1 I 1 1 I 1 1 -- 7.5' ORG. Cc UAL. ESMT. ~ 1 ~- 10" ORC do UAL. ESMr I 1 1 I 1 1 I LOT 28, BLOCK D 1 1 I - 1 1 LOT 29 I MILL CREEK ADDITION N PH !Il - 1 BLOCK D I CAB. A, SLD. 1162, P. R. T. C. T. ~ 1 I 1 1 I 0 40' 60' 1 1 I 1 1 I '~ 1 1 I 1 I GRAPHIC SCALE IN FEET j 1 I 1 = 40 ! , 1/2" lRF ExisnNC Row LOT 30 BLOCK D No. DIRECTION DIST. L1 S01'23'S1 "E 50.32' L2 N00'43'09"W 50.10' NOTE: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE TEXAS COORDINATE SYSTEM, ZONE 4202, NAD 83 AS DETERMINED LOCALLY USING CONTIIdLJOUS OPERATING REFERENCE STATIONS (CORS). PERMANENT VARIABLE WIDTH PUBLIC RIGHT-0F-WAY ABANDONMENT PARCEL N0. 1 SUBDIVISION: BURBANK ADDITION LOCATION: CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS EXHIBIT "A" PAGE 2 OF 2 wuro r oanacwrv erwcer.~• u /e SdcA JOB NO.: SPOONER do ASSOC., INC. CHECKED BY: E.S.S. ~ACAD F1LE:08-102-REPEAT BYERS STREET, SUITE 100, EULESS, TX 76039, PH 817-281-2355 ~ '~ ~ ~PQ'4. i : OF l ~STE F ~ RFO .~9~ .... .................. ... ERIC SHAUN SPOONER O~ Land Exchange Offer EXHIBIT "B" Being a 0.459 acre tract of land situated in the Thomas J. Poulson Survey, Abstract No. 1248 and being a portion of that same tract of land conveyed to Navasota 200 Black, LLC by deed recorded in Tarrant County Clerk's Instrument Number D207257145, Deed Records, Tarrant County, Texas (D.R.T.C.T.), said 0.459 acre tract being a portion of Lot 1, Block 1, Burbank Addition, being an addition to the City of Colleyville according to the plat recorded in Cabinet A, Slide 4839, Plat Records, Tarrant County, Texas (P.R.T.C.T.) said 0.459 acre tract being herein more particularly described as a variable width Permanent Public Right-of--Way by metes and bounds as follows: BEGINNING at a'/z" iron rod with cap stamped "SPOONER AND ASSOCIATES" set (1/2" CIRS) at the southeast property corner of the said Lot 1, Block 1, Burbank Addition, said beginning point being on the west property line of a tract of land conveyed to Elva Freeman by deed recorded in Volume 5650, Page 181, D.R.T.C.T., said beginning point also being on the northerly existing right-of--way of Black Drive; THENCE South 89°31'38" West, along the south property line of the said Lot 1 and along the said existing northerly right-of--way of Black Drive, 50.01 feet to a point; THENCE North Ol°23'51" West 160.21 feet to a point at the beginning of a curve to the left having a radius of 25.00 feet; THENCE in a Northwesterly direction along the said curve through an arc length of 33.55 feet and across a chord bearing North 39°50'15" West 31.08 feet to a point at the beginning of a compound curve to the right having a radius of 56.50 feet; THENCE in a Northeasterly direction along the said curve through an azc length of 253.31 feet and across a chord bearing North 50°09'45" East 88.51 feet to a point on the east property line of the said Lot 1, same being the said west property line of the Freeman tract; THENCE South O1°23'51" East, along the said property lines, 240.39 feet to the Point of Beginning containing 0.459 acres (19,986.4 Sq. Ft.) of land more or less. NOTE: The basis of bearings for this survey is the Texas Coordinate System, Zone 4202, NAD 83 as determined locally using Continuous Operating Reference Stations. Company Nam po rand Associates, Inc. By: Surveyors N ric S. Spooner Registered Professional Land Surveyor, Texas No. 5922 Date of Survey: 2-20-09 ~~ 0 F l~ / ~ * . t1~ .......................... ERIC SHAUN SPOONER .......................... 5922 ...~ 'P P ~FESS~,~a~ O~ 9~0 ~,~~ suR~ (Exhibit "B") Page 1 of 2 NUTABER RADIUS ARC LENGTH CHORD DIRECTION CHORD LENGTH C1 25.00 33.55 N39'S0'15"W 31.08 C2 56.50 253.31 N50'09'45"E 88.51 I I I PROPOSED I I LOT 4 I Lor s Broar o 1 I I I I I Lor ~ I BLOCK D I I I I 1 I I I I I I I I I I core I BLOCK D I I I ----J ----~ I I I I I cor s I e~ocx o ~ I I I I -----~ I I I I I I PROPOSED BLOCK 1 2.319 AC. 101,010.0 SF. LOT 1, BLOCK 1 BURBANK ADD/T/ON CAB. A, SLIDE 4839 ^- P.R. T.C. T. NA~ASOTA 200 BLACK, LLC 4016 GATEWAY DR/VE, 5-130 COLLEYVILLE, TEXAS 76034 T.C.C./.No. D207257145, D.R. T. C. T. PROPOSED N LOT 3 PROPERTY L/NE PROPOSED LOT 5 PROPOSED aft/B/T ~B" ~ LOT 2 PERA49NE7VT I/AR/ABLE W/07H PUBLIC R/GHT-OF-WAY 0.459 ACRES (19,986.4 Sq. Ft.) z /~i PLAT OF EXHIBIT "B" SEE ATTACHED LEGAL DESCRIPTION ON PAGE 1 OF EXHIBIT "B" HEREIN No. DIRECTION DIST. L1 S89.31'38"W 50.01' L2 S88'36'09"W 31.50' 3 ACRESf (TAD) THOMAS J. POULSON Sl/RVEY AB,~ No. 1248 ELYA FREEAlAN IbL 5650, PG. 181 D.R. T.C. T. PROPERTY LINE 0 60' ~ 20' GRAPHIC SCALE IN FEET 1"-60' I PROPOSED ~ LOT 1 POINT OF BEG/NN/NG I EXH/B/T "B ° ~ %Z ° C/RS fxismvc Raw. L1 Row. EXH/B/T '4" (BY OTHER /NSTRUMENT) f~~i1~ BLACK ORNE R/GHT-OF-WAY VACATED 50.25 ~~ ~~ 0.235 ACRES (10,252.0 Sq. Ft.) EaxmNC Ro.w. 1/2` ~ 1/z' ~RF EX1311NC R.o.w. -----------1 L-------------- ---- ------------- -- ~------------ - 1 I 1 1 LOT 3t I LOT 24 BLOCK D 1 1 COT 29 ~~ O gLpp( D I AMLL CREE7f ADDITION ^~ PH M 1 1 BLOCK D I CAB: ,{, SLD. 116$ P.R.T.GT. 1 1 NOTE: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE TEXAS COORDINATE SYSTEM, ZONE 4202, NAD 83 AS DETERMINED LOCALLY USING CONTINUOUS OPERATING REFERENCE STATIONS (COBS). BLACK COURT ~ PERMANENT VARIABLE WIDTH PUBLIC RIGHT-OF-WAY EXHIBIT "B` SUBDIVISION: BURBANK ADDITION WHO E PROPERTY ACREAGrnN ATARRANT COUNTY, TEXAS EXHIBIT °B" PAGE 2 OF 2 SdLA JOB NO.: 08-102 DRAWN BY: E.S.S. DATE: 12-08-08 CHECKED BY: E.S.S. ACAD FILE:08-102-REPEAT SPOONER dL ASSOC., INC. 309 BYERS STREET, SUITE 100, EULESS, 1X 76039, PH 817-281-2355 F, ~~ O F T P ~STER••F-f- 't ' ~G FO. 9 ERIC ~SHAUN~~SPOONER ~E~ ,~ 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: 03/03/2009 Controlling Body: City Council Requester: Community Agenda No.: 4c Final Action: Development Department File Name: Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 ofthe Black Drive Subdivision, Case PC08-001 Attachments: Location and Zoning Map Preliminary Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 01/12/2009 Planning and Zoning Commission 1 03/03/2009 City Council Title Approval of a preliminary plat on Lot 1, Block 1 of the Burbank Addition being 2.6 acres for Lots 1-5, Block 1 of the Black Drive Subdivision, Case PC08-001 Explanation Reading and Public Hearing Keith Hamilton is the developer of 2.6 acres located at the end of Black Drive. The developer has submitted a preliminary plat, which will subdivide the property into five residential lots, for the construction of single-family residential detached dwelling units. Zoning. A rezoning request from a R40-Single Family Residential to a R20- Single Family Residential zoning district was approved by the City Council on January 22, 2008. Access. The development will have access from Black Drive to the new proposed street, Black Court. The new street serving this development will contain a minimum of 50 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. Right-of-way exchange. Given the proposed lot configuration of this development, the applicant proposes to obtain a portion of the existing Black Drive and incorporate it into the proposed Lot 1. Final plat approval will be contingent on the prior approval of the exchange of the right-of-way in question by City Council. City of Colleyville Page 1 Printed on 2/25/2009 Aaenda Brief-na Continued Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. A minimum four-foot wide sidewalk will be located along both sides of the new street serving the development and installed when any new structures are built on the property. Drainage. The developer will submit a drainage analysis of the site, prior to final plat approval. This analysis must be reviewed and accepted by the City of Colleyville Engineering Department at that time. Parkland Dedication Fees. Parkland Dedication Fees are required, in the amount of $1,802.00 per residential lot, for the five lots where new homes are proposed. Parkland Dedication Fees are due at the time of final plat approval. The fee must be paid before the plat is recorded with the County Clerk's office. Perimeter Street Improvement Requirements. Perimeter street improvement fees are not due. The developer will be constructing a new street as part of this subdivision. Landscaping and Tree Preservation. Trees not located within the right-of-way, easements or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the drip line of all developer identified preserved trees located outside the right-of-way. A preliminary tree survey has been submitted with the preliminary plat; however, approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Department. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the plat at the January 12, 2009 meeting by a vote of 7-0. Summary. The proposed development satisfies the requirements of the Land Development Code. The Black Drive right-of-way exchange indicated on the preliminary plat must be approved by the City Council before the final plat can be considered. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 2/25/2009 Location and Zoning Map i 122 1z6 ~ x$11 ~ 130 ~ __ ~ __ -~- -- -- ___ j ~ ~ _- __~ ~,` r` 301 ~~`~ ,' ~'' 4$09 _ ~,, __ _ -r-~_ ~~~~` _ -t Z .: .,,_ 121 t ~~ _ , _ 125 xfF# ~ 4807 F4~ ~_ _.J1 ~ ~, ! ' ''' 480 rl~, t, 48Ci8 ~ r- ~_ r, r`~ 4803 ~_ _- ~`~ + RAC? ~-- -_ ~ 4801 1 ~j 4807 w tor, 300 304 4709_ _ ~ 6 4708 ~~ R~'C} ert~l 4707 ~`" ~ _._ PU Q R ~ 4705 ~ ~ ~~ 05 4709 ~ --------- __ --E ---~- ~ ~~ ' 4703 4703 ~ 202 '~, 204 206 ~ 208 210 ~, ~ _-- - ~`" -- ---~ -- i i ~ ~ - , 1--- a 4701 4700 ~ --.; -_ ___ 4701 ~~ ~'~ - - --_ ~ ~ 200 ~ -hll~ttC3[~b-~~ - ~ 460 ~ -_ -~ ~ ~_----- __ :' ~ 207 4606 f, ~ `. __ ~... _ ~:.r -- _ _. 4604 t -~ _~ ~ ~~ 4605 ~{~ 201 --- - ---- '~ 4~Q7~ vj ~ ~ ,} `~- 4604 { ~~ ~- ~ ~ ~ ,~'~ ~Q3' -205 ~'` x#60 ~ ~ •_~-~. ~ ~.:- ., i Preliminary Plat ~ ~1'a~ ~ ~~? ~~' ~ €~9 9~~ ;~~{gig (} ~~~~~ ~' ;~ ~ "~~~ ~~~ 1 ~ ~ ~~ ,~ { ~ r .. j( ,7J ~ Q,. ~ a d a ~ ~~iE i' ill i~ Y 1i` ~d{~,t !~ I 5 JI,,~~' ~ J;$ gel a~*~Fia~~s ~mcka_ ~ ~ p '~i~~'1 '~~ 3 ~ 'i ~y~ ~~ ;le;li ~~ ~~ i3~~;f ~ ]]ji ~'±`g~,d'e ~ ~ ° ~ ,i4 W cv f ~~ i., ~ 1'.a ~ ~ {i ~ ~ Q1 i 1 a { J 1 :~ l.i [2r~ t .Y j ! 1} ;{$ 11J 7 1~I,i ~~ r~l J ~ ~ g~1.: Y, ~ ij,~i it Q $ ~g ~.~~'~ !1-i~~ ~~ ~r° Sri , ~ :~3 [ ~h ¢ 1 '~h3. ~~ ~`g a W r' ~ ~3 W a ,i 1 ~~ z 1• d t~ fir 1' ti~~ i~; @~ a ~~, oW ~~ (~ 9 d[ It 1~,~, r-t ~~1 J~ iay' ,lY! -~1'~Is '~ i ~ I1~{' n P~~' ~:~ a Q ~ g~t~ ~ W ~. e° 1 p~~~s~~1 C~ x 1~}1 ! 1'~` al;~ l~+t~i1 ~;i 3 ~~,~r~ ~ se ~ ~ ~,.~ },~~~ ~' ' ~~~~~- ~ s 2 pt ~~~~ ~ =e~ ~; ~ ~~~~ ~ a~ II II 1 it I I II 11 II y 3 II _-_________, II II 11 ~ ~I ~ II 1 1 e ~ ~i I ~~ ~ ~ I ^ I ~~. ; i ; L ~ 1 } , , ~ I ~ 3d} I ~ ~ I . 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N i . ,. . a`~ <__'-= -~>• City Hall ~- - P~ 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 Requester: Engineering Department Agenda Date: 03/03/2009 Agenda No.: 4d Controlling Body: City Council Final Action: File Name: Approval of the Colleyville Trails and Sidewalks Committee recommendations for the Fiscal Year 2008-2009 (FY 2008-09) sidewalk construction Attachments: 2009 Sidewalk CIP Updated History of Legislative File Version: Date: Acting Body: Action Text: 03/03/2009 City Council Title Approval of the Colleyville Trails and Sidewalks Committee recommendations for the Fiscal Year 2008-2009 (FY 2008-09) sidewalk construction Explanation Reading and Public Hearing The Trails, Pathways and Sidewalks Fiv provides an annual schedule for sidewalk schedule revisions in January 2008, which Committee to focus on providing sidewal elementary school on Pleasant Run Road, t and voted to recommend changes to th improvement projects. e Year Capital Improvement Program (CIP) funding and construction. Due to approved allowed the Colleyville Trails and Sidewalks k improvements in the vicinity of the new he committee has again reviewed the schedule e current FY 2008-09 schedule of sidewalk The following proposed improvements, which were scheduled for Fiscal Year 2009-2010 (FY 2009-10), be moved to the current FY 2008-09 schedule to allow the continuation of improvements in the vicinity of the new elementary school on Pleasant Run Road: • Colleyville Terrace (north side) from Pleasant Run Road to approximately 750 feet west • Shelton Drive (north side) starting approximately 285 feet west at Pleasant Run Road to approximately 1,200 feet • Beverly Drive (south side) from Leta Lane to Bransford Road The above list of proposed sidewalk improvements may exceed the budgeted amount of $50,000.00 allotted for FY 2008-09. Therefore, staff will list Beverly Drive from Leta Lane to Bransford Road (south side) as an added alternate for bidding purposes, as noted in the attached 2009 Sidewalk CIP Update. City of Colleyville Page 1 Printed on 2/26/2009 Agenda Briefing Continued If City Council approves the proposed recommendations, the following projects, which were scheduled for this fiscal year (FY 2008-09) will be moved to the FY 2009-10 schedule. • Glade Road at Behrens Court • Glade Road at the intersection of Stafford Drive and Bluebonnet Drive • Glade Road, Duke Tract at Riverwalk Drive The Committee also determined that sidewalk improvements established for subsequent fiscal years should be re-evaluated and that additional revisions to the CIP may be recommended to City Council for consideration in the future. Financial Impact It has been determined that funds are budgeted for sidewalk construction, in the amount of $50,000.00, from the Engineering operating budget. Recommendation Approval City of Colleyville Page 2 Printed on 2/26/2009 2009 Sidewalk CIP Updated Yea Trail/Sidewalk Se ment Descri tion Pro'ect Cost 2089 Colleyville Terrace from Pleasant This is a 4' sidewalk on the This project is approximately 750 $18 000 . Run Road to South Drive north side of Colleyville Terrace linear feet , Shelton Road from Pleasant Run This is a 4' sidewalk on the This project is approximately $31,000 Road to Theresa Lane north side of Shelton Road 1200 linear feet Beverly Drive from Leta Lane to This is a 4' sidewalk on the This project is approximately 950 $36 000* Bransford Road south side of Beverly Drive linear feet , This is a 5' wide sidewalk on the This project is approximately 478 ~~~ Glade Road at Behren's Court south side of Glade Road ' linear feet and will require $ 20,000 Sidewalk s Road and between Behren easement or right-of-way Behren's Court acquisition Glade Road at Stafford - 2A98 Bluebonnet Intersection This is a 5' wide sidewalk This project is approximately 200 $ 7 500 linear feet , Crosswalk 2810 Glade Road -Duke tract at This is a 5' wide sidewalk on the This project is approximately 275 i f f Riverwalk Drive south side of Glade Road l near eet rom Riverwalk D $ 4,500 intersection to the east 281'1 Glade Road (Hubbard Tract) This is a 5' wide sidewalk This project is approximately 275 linear feet $ 10,000 This project extends from Bedford '2011 Glade Road at Bedford Road This is a 5' wide sidewalk Road to the entrance to the Albertson's shopping center $ 20,000 2011 Hardage Cut-through This is a 5' wide sidewalk, This project will connect approximately 1,100 linearfeet Ponderosa with Cooks Lane $ 37,490 ~Yt~ Tinker Road from Emerald Drive This is a 4' sidewalk on the North Side of Tinker from This project is approximately 610 $ 19,500 to Pleasant Run (North side)'" Emerald Drive to Pleasant Run. linear feet. 212 Glade Road at Bluebonnet (Bone This is a 5' wide sidewalk This project is approximately 380 Est. roe linear feet $ 22,000 ~~~ No Projects assigned at this time $ _ * Bid as an added alternate only ~~~ City of Colleyville 100 Main Street ,i1~C~tP,ii~~_-' ,.~ - 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: 03/03/2009 Agenda No.: 5a Status: Second 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 03/03/2009 City Council Title Approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code Explanation Second Reading and Public Hearing There were no speakers regarding this request at the February 17, 2009 meeting. 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. City of Colleyville Page 1 Printed on 2/25/2009 Agenda Briefing Continued (0-09-1711) 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. A representative of Kimley-Horn and Associates, Inc. will be present 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 2/25/2009 4 N ~ ~ arr`. H. b~~_ ,~`, :;r ?'~xa$ 1:: `' `S :e~?E ^y '.):~:.: bit J , 5 li_ Roadway Impact Fee Update City of Colleyville, Texas 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-Hom and Associates, Inc., 2008 061063012 City of Ct~Y of ~ Kimley-Hom ~ ^ and Associates, 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 lV. 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. CIl' Service Units of Supply .................................................................................................................... 21 C. Existing Roadway Facilities Inventory .................................................................................................... 21 2008 Roadway Impact Fee Update i November 2008 City of Colleyville, Texas City of ^ ~ ^ Kimley-Hom _ ~ and Associates, Inc. ~ ~ 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 ii November 2008 City of Colleyville, Texas ~ ^ Kimley-Hom ~ and Associates, Inc. I. INTRODUCTION c-cy o~ 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 ^ ~ ^ Kimley-F~m ~ and Associates, Inc. c-cy or Texas 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 ^ ~ ^ Kimley-Hom ~ and Associates, Inc. City of Texas Table 1. 10-Year Capital Improvement Plan for Roadway Impact Fees Service Area Proj. # Classlflcaflon Roadway Limits Length (nd) In Service Area 1 P6D Coffeyville Blvd. S. City Limits to N. City Limits 4.18 50% 2 M4U Brown Trl. (1) Cheek-Sparger Rd. to Mountain Laurel Ln. 0.23 100% 3 M4U Brown Trl. (2) Mountain Laurel Ln. to S. City Limits 0.31 100 4 MC4U Heritage Ave. Cheek-Sparger Rd. to Glade Rd. 1.14 100 5 C2U Bedford Rd. Cheek-Sparger Rd. to Glade Rd. 0.90 100% 6 M4D Hall Johnson Rd. SH 26 to Sycamore Dr. 0.90 100 7 MC4U Riverwalk Dc Glade Rd. to Hall-Johnson Rd. 0.80 100% 8 M4D Church St. (1) Riverwalk Dr. to SH 26 0.21 100% 9 M4U Glade Rd (1) SH 26 to Bedford Rd. 0.27 100 ]0 M2U Glade Rd (2) Bedford Rd. to Martin Pkwy. 2.23 100 1 11 M2U Glade Rd (3) Martin Pkwy. to Heritage Ave. 0.45 100 12 C3U Thompson Terzace Glade Rd to SH 26 0.26 100 13 C2U Roberts Rd. Glade Rd. to N. City Limits 0.39 100 I-I Intersection Brown Trl. &Cheek-Sparger Rd. Intersection Improvements n/a 100 I-2 Intersection Glade Rd. 8r Riverwa]k Dc Intersection Improvements n/a 100 I-3 Intersection Bedfotd Rd. &Cheek-Sparger Rd. Signal Installation n/a 100 I-4 Intersection Jackson Rd. &Cheek-Sparger Rd. Intersection Improvements n/a 100 I-5 Intersection Maztin Pkwy. & Cheek-Spar r Rd. Intersection Improvements n/a 100 I-6 Intersection Pool Rd. & Glade Rd. Intersection Improvements n/a 100 I-7 Intersection Heritage Ave. & Chcek-Sparger Rd. Signal Installation n/a 100% I-8 Intersection Glade Rd., Bedford Rd., Tho son Terzace, Villa a Park Intersection I rovements n/a 100% 1 P6D Coffeyville Blvd. S. City Limits [o N. City Liailts 4.18 50% 14 MC4U Bransford Rd. (1) Glade Rd. to Timberline St. N. 0.44 100% IS C3U Bransford Rd. (2) Timberline St. N. to L.D. Lockett Rd. 0.75 100 16 C2U White Dr. L.D. Lockett Rd. to Westcoat Dr. 0.35 100 17 C2U Westcoat Dr. L.D. Lockett Rd. to John McCain Rd. 1.20 100 I S M4U Glade Rd (4) West City Limit to Bransford Rd 0.99 100 19 C2U McDonwell School Rd. (1) Precinct Line Rd to Herbert St. 0.13 100% 20 C2U McDonwell School Rd. (2) Herbert St. to Westcoat Dr. 0.99 100 21 MC4U Church St. (2) Pleasant Run Rd to SH 26 0.27 100% 2 22 MC2U John McCain Rd. Westcoat Dr. to SH 26 1.69 100 23 M2U Pleasant Run Rd. SH 26 to N. City Limits 2.61 100% 24 C2U L.D. Lockett Rd. Precinct Line Rd. to Pleasant Run Rd. 1.93 100% 25 MC4U Bogazt Dr. Pleasant Run Rd to SH 26 0.43 100 26 MC2U Lavaca Trl. Precinct Line Rd to Mustang Trl. 0.56 100% 27 MC2U Murphy Rd. Precinct Line Rd. to 2,465 feet W. of Precinct Line Rd. 0.47 100% I-9 Intersection McDonwell School Rd. &Westcoat Dr. Intersection Improvements n/a 100 I-10 Intersection John McCain Rd. @ Pleasant Run Rd. Intersection Improvements n/a 100% I-11 Intersection L.D. Locke[[ Rd. & Prencinct Line Rd. Intersection Improvements n/a 100 I-12 Intersection John McCain Rd. &Westcoat Dr. Intersection Im rovements n/a 100 2008 Roadway Impact Fee Update 3 November 2008 City ofColleyville, Texas • ~ ~ ! 1 , ~ ~ ` ~.` _ . l _.. ~ i ~ ~ , , ~ ~ ~ '_ ,,. ~ . -__ ny a e~uaH 4 1 _. r _... ~ 1 ~ L __ ~ ~ _ t i_ ~ ;,_ - - a,~ a6 ~ - __1 -r- - - ~ ~ ~, ~ - --- - -~ , , i ~ ~~ ~ t ~ ~ ~ ~.. a.,~_r + _, , _ ~ l ~ ~ ~ ~ ~ i ~ __ - - ,_ - ~ ~ r - ~ - i -- - a spago i ~- _. ~ -_ `_ __ ~ ~~ ~ ~ i - i. -- _ ~. I ' , M~ U! ~ ~J L , I ~ t - ~ ~ ~ - - ., ~ ', ~- n ~ ~_ _ __ r - i ~ . _ ~ ~ 1 ~e- ~ ~- __ ~ ~ , ~ ~ __ -~ ,- ,, _ - ~ - -- -_ l f r -- ~ ~____ ~ ~ __; { ~ 00 - p2l i d A ~ ~' __- -- ~~ a~` o o 9~" ,, 0~ ~ ~ ' y ~ ~ ~~ ~ -. ~ _ __ a ~ ~ ~~ ~~ ne~o~uoW _ .._._ ~ ~ ~ ~ ,~ -., ~ 0 ~ ~ r ~ ~ ___ ~~, ~ ~~ I ~ ~ ~ ~ a ~ ~ i~ ,- ~_ I ' > _. I ? f ~, ,a ~ -~ ,' - ~ _~ ~ ~~ie~ I s~,~ r ~ ~ ., __. - ~ ~~ ~~ CJ ~ ~ ~ ^ ~;~ ~ ~ Y ~ ', ~ ~~ ~ ~r J ~ L ~ ~_ ,~. A ~ _ _. - _ ~ i 0 ~ i o ~ ' ~, < ~ - ~ I m U ' ~ m _~ \ n p2l u~~l auesea/d ~ ®~ °' r ~- _ I ~ v ~ ~ ~. t ~, ® auesea~ _ ~ O o ~ ® ~ i ' i ~ ~ ~ ~ i. > ,~~ i ~ - p~ p o ~SUe~ m i ~! i ~ ~ i ~ _. ~ ~ ; ~ N w ~ 3 N . r ~ ~ v a cq ~ N ~ ~ ~ ~~ ~ ~ ~ ~~ __ _ _ _. J i i ~ .,- ~__ ' ~ ~ ~eo~~sa/~- - ~ `. ~ - . 04 i C7 ~, ~ - ~ ~ ~' , ` ~ ~ ~ ~..'-~~~ ~ i ' T -- 1 ~ U i ~~ - .. ~ , 1 { \ i' / _- ~ ~ +.~ .~ i / l~ i ~ 7 I I '~ i ~ _ ~ . ~_ ~ ~ i ~ ( __ v ~ = ~ ~ a l l ' i Z ~ i __ ... - , ~ - ~ ~ I ~ ~ _-v ~ 1 , -~ < ~ _ ~ i ~ ~ I '~ ,~ i _ __ . M ~ I ~ ^ ~ ^ Kimley-Hom ~ and Associa6es, Inc. c~tr or 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 Facili Divided 700 Arterial Undivided 650 Collector Undivided 575 2008 Roadway Impact Fee Update $ November 2008 City of Colleyville, Texas ~ ^ Kimley-Hom ~ and Associahes, Inc. C. COST PER SERVICE UNIT cuy or 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 maybe 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 cttr or ~ Kimley-Hom ~ and Associates, Inc. ~ ~ Texas Table 3. 10-Year Capital Improvement Plan for Roadway Impact Fees with Conceptual Level Cost Opinions Service Area Proj. # Classification Roadway Limits Length („d) / In Serve Area Toml Project Cost Coaf in Service Ares 1 P6D Coll ille Blvd. S. Ci Limits to N. Ci Lintits 4.18 50% $ 5,000,000 S 2,SOQ,000 2 M4U Btown Trl. 1 Cheek-S ar er Rd to Mountain Laurel Ln. 0.23 100% S 675,732 S 675,732 3 M4U Brown Trl. (2) Mountain Laurel Ln. to S. Ci Limits 0.31 100% $ 1,360,000 S 1,36Q,000 4 MC4U Heritage Ave. Cheek-Sparger Rd. to Glade Rd. 1.14 100% $ 7,68Q,000 $ 7,680,000 5 C2U Bedford Rd Cheek-Sparger Rd. to Glade Rd. 0.90 100% $ 3,78Q,000 $ 3,78Q000 6 M4D Hall Johnson Rd. SH 26 to Sycamore Dr. 0.90 100% S 4,047,431 $ 4,047,431 7 MC4U Riverwnik Dr. Glade Rd. to Hall-Johnson Rd. 0.80 100% $ 544,070 $ 544,070 8 M4D Church SL (1) Riverwalk Dr. [o SH 26 0.21 100°/ S 1,050,000 $ 1,050,000 9 M4U Glade Rd (1) SH 26 to Bedford Rd 0.27 ] 00% S 1,200,000 $ 1,20Q,000 10 M2U Glade Rd. (2) Bedford Rd. to Martin P 2.23 100% S 9,840,000 $ 9,84Q,000 t 1 M2U Glade Rd (3) Martin P . to Heritage Ave. 0.45 100% $ 3,175,474 $ 3,175,474 1 12 C3U 'rho son Terrace Glade Rd. to SH 26 0.26 100% $ 900,000 $ 90Q,000 13 C2U Roberts Rd. Glade Rd. to N. Ci[ Limits 0.39 100% $ 1,320,000 S 1,320,000 Id Intersection Brown Trl. & Cheek-S ar Rd. Intersection rovements n/a 100% $ 87,190 S 87,190 I-2 Intersection Glade Rd. & Riverualk Dr. Intersection Improvements n/a 100% S 385,000 $ 385,000 I-3 Intersection Bedfotd Rd. & Cheek-Sparger Rd. Signal Im[alla[ion n/a 100% $ 15Q,000 $ 150,000 I-0 Intersection Jackson Rd. & Cheek-Sparger Rd. Intersection Improvements Na 100% $ 1,060,000 $ 1,060,000 I-5 Intersection Martin Pkwy. & Cheek-S ar Rd Intersection Im ovements n/a 100% $ 637,000 $ 637,000 I-6 Intersection Pool Rd & Glade Rd Intersection Im rovements n/a 100% $ 1,055,000 S 1,055,000 I-7 Intersection Heritage Ave. & Cheek-S azger Rd. Sigoal Iretalla[ion n/a 100% S 15Q,000 S 150,000 I-8 Intersection Glade Rd., Bedford Rd., Thom son Terrace, Villa a Park Intersection I ovemrnts Na 100% $ 643,200 S 643,200 Service Area Project Cost Subtotal S 42 240 09'7 Roadwa Im aM Fee Stud Coat 7 S00 Total Cost in SERVICE AREA 1 $42,247,597 1 P6D Coll ille Blvd. S. Ci Limits to N. Ci Limits 4.18 50% S 5,000,000 $ 2,SOQ,000 14 MC4U Bransford Rd. (1) Glade Rd. to Timberline SL N. 0.44 100% S 1,77Q,000 $ 1,770,000 IS C3U Bransford Rd (2) Timberline St. N. [o L.D. Lockett Rd. 0.75 100% S 2,590,000 S 2,59Q,000 16 C2U White Dr. L.D. Lockett Rd to Westcoa[Dr. 0.35 t00% S 1,160,000 $ 1,160,000 17 C2U Westcoat Dr. L.D. Lockett Rd. to John McCain Rd. 1.2 100% S 3,97Q,000 $ 3,97Q,000 18 M4U Glade Rd. (4) West Cit Limit to Bransford Rd. 0.99 100% $ 4,380,000 $ 4,380,000 19 C2U McDswell School Rd. (1) Precinct Line Rd. to Herbert S[. 0.13 100% $ 339,113 S 339,113 20 C2U McDonwell School Rd (2) Herbert SL to Westcoat Dr. 0.99 100% S 3,290,000 $ 3,290,000 21 MC4U Church St. (2) Pleasant Run Rd. to SH 26 0.27 100% S 1,960,000 S 1,960,000 22 MC2U John McCain Rd. Westcoat Dr. to SH 26 1,69 100°/ S 6,760,000 S 6,760,000 2 23 M2U Pleasant Aun Rd. SH 26 to N. Cit Limits 2.61 100% S 12,31Q,000 S 12,310,000 24 C2U L.D. Lockett Rd. Precinct Line Rd. to Pleasant Run Rd. t.93 ]00% S 6,410,000 S 6,410,000 25 MC4U Bogazt Dr. Pleasant Run Rd. to SH 26 0.43 100% $ 1,29Q,000 $ 1,290,000 26 MC2U Lavaca Trl. Precinct Line Rd to Mustang Trl. 0.56 1110% S 1,500,000 S 1,500,000 27 MC2U M h Rd. Precist Line Rd to 2,465 tee[ W. of Precis[ Line Rd 0.47 100% S 1,870,000 S 1,87Q,000 I-9 intersection McDonwell School Rd. &Westcoat Dr. Intersection I ovements n/a 100% S 451,000 S 451,000 I-10 Intersection John McCain Rd. & Pleasant Run Rd. Intersection ovements da 100% S 900,000 S 90Q,000 I-11 Intersection L.D. Locket[ Rd & Prencinc[ Line Rd. Intersection ovements n/a 100% S 15,083 S 15,083 I-12 Intersection John McCain Rd. &Westcoat Dr. latersection rovements Na 100% S 226,000 S 226,000 Service Area Project Cost Subtotal 53 691 196 Roadwa tm act Fee Stud Coat 7 500 Total Cost in SERVICE AREA 2 553,698,696 Total Cost 595,946,293 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 '] November 2008 City of Colleyville, Texas ~ Kimley-Hom ~ and Associates, Inc. E. SERVICE UNIT CALCULATION C~~Y 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, 7rh 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 cuy o~ ~ ^ Kimley-Hom ~ and Associa6es, Inc. ~ ~ Texas The transportation demand factors are aggregate rates derived from two sources -the ITE Trip Generation Manual, 7`" Edition and the latest Regional Origin-Destination Travel Survey performed by NCTCOG. The ITE Trip Generation Manual, 7`" 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 =T *(1-Pb)*Lmax where... Lax = min(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 city or ~ ^ Kimley-Hom ~ and Associates, 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 Pb 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 1 Q November 2008 City ofColleyville, Texas ~ Kimley-Hom ~ and Associates, Inc. A O 'F+ u .O ~I a ,.f.' O r~ V 0 r"'~ F a N W N fD N ~ ~ O r O N N N C F City OI Texas 0 N v N O v N O M N rn n N a 0 M M n N N m N N ro f0 r W fro n (Np O h m c 0 .~ m i ` m a .~ 'O C N y N fU N 7 -O C ~ 7 'O C _N Of c Uf U fp d O fU 7 = N U w N N (0 7 O N ~ N C -O N C '~ U N j l0 N ~ ~ ~ N O O ~ d ~ O fU ~ ~ ~ O ~ ~ _ ~ 1 ~ O m j O ~ J ~ ~ ~ C w = c a 'c W 7 , ~ -o m w >. t c~ a ~ v m ~ C _ m .y C O d N O O O ~ N ., „ O ~ "O d ~ ~ y J ?i LL 'O ~ j u- h ~ O~ O l0 C ~ N C C O ~ _ ~ (0 ~ 7 f0 ~ N F m y c • °~ ~ Q to E ~ E ~ 7 ~p ~ ~ E o O C c O C U~ ~ U 'O N Y '~ L~ C L N ~ O fr ~ C ~ O T a N J~ ~o w !? n O lL y v O c~ C N~ C N `~ O. ~ C N Q C U O LL C N O _ 7 T 0 N YO .T C `N-' 7 O N q y E? y q y % m N C N ~' O fn N Q ~ 7 E Q f0 C d C 7 ~ O E 7 O d N j CO T y O j O y~ N T ~- N a a m a d a d a ~ u a O f0 O O ~ U «~ C fU f0 C U ~ V U J O. N 7 = J m ~ V .~ y N 7 U d O N U U Z li fU O O Q N d N ~ m (n ~ ~ LL' F' r e 0 fn N 0 N O fl~f O ~ N W N Q W d' N ~ V W J fp ~ ~ K ? _ r2 N ~ N Q 2 N f0 N W J_ W J V a V r N F 2 ~ W ~ h 2008 Roadway Impact Fee Update 11 November 2008 City of Colleyville, Texas ~ ^ Kimley-Hom ~ and Associates, Inc. IV. IMPACT FEE CALCULATION City of Texas 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 tion 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 A endix B -CIP Units of Su 1 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 - C1P Units of Su 1 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 Invento 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 ~ K~rdey-Hom ~ and Associates, Inc. G1tY of 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 Conce 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-Miles 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 Cha ter 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 ~ Kimley-Hom ^ ~ and Associates, Inc. ctcy or 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 may be 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 fmancing 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 ~ ^ Kim~y-liom ~ and Associa6es, Inc. c~tr of Texas 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 ^ ~ ^ Kimley-Hom ~ and Associa6es, Inc. City of Texas 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 5,295 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 99.6% 89.0% (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 $ 2,429 (LINE 14 /LINE 8) 16 MAX ASSESSABLE FEE PER SERVICE UNIT ($ PER VEH-MI) $ 1,052 $ 1,215 (Line 15 * 50%) 2008 Roadway Impact Fee Update 1C November 2008 City of Colleyville, Texas Clty of ~ ~ Kimley-Hom ~ and Associates, 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 by pass-by trips, as previously discussed. The source of the trip generation and pass-by statistics is the ITE Trip Generation Manual, 7`h 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 17 November 2008 City ofColleyville, Texas ~ Kimley-Hom ~ and Associates, Inc. C1tY of Texas Table 7. Land Use /Vehicle-Mile Equivalency Table (LUVMET) and 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 PORT AND TERMINAL Tmck Terminal 030 Acre 6.55 6.55 10.02 50% 5.01 4.00 26.20 INDUSTRIAL General Li ht Industrial I IO 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 Park - 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 151 1,000 SF GFA 0.26 0.26 10.83 50% 5.42 4.00 1.04 RESIDENTIAL Sin a-Famil DetachedHousin 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 50% 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 Drivi Ran a 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 Mufti 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 Care Center 565 1,000 SF GFA 13.18 13.18 4.20 50% 2.10 2.10 27.68 Prima /Middle School I-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 / Colle 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 Otl'ice Buildin 710 1,000 SF GFA 1.49 1.49 10.92 50% 5.46 4.00 5.96 Medical/Dental Office 720 1,000 SF GFA 3.72 3.72 10.92 50% 5.46 4.00 14.88 Sin to Tenant Office Buildin 715 1,000 SF GFA 1.73 1.73 10.92 50 % 5.46 4.00 6.92 OfficeBusiness Park 750 1,000 SF GFA 1.50 1.50 10.92 50 % 5.46 4.00 6.00 OMMERCIAL 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 Parts 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 50% 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 Car 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 2.1 l 6.43 50 % 3.22 3.22 6.79 ick Lubrication Vehicle Center 941 Service Position 5.19 40 % B 3.1 I 6.43 50 % 3.22 3.22 10.01 Self-Service Car Wash 947 Stall 5.54 40% B 3.32 1.20 50% 0.60 0.60 1.99 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-Thru 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-Thru 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-Brandin 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 1,000 SF GFA 3.80 30 % B 2.66 6.43 50 % 3.22 3.22 8.55 Home bra rovement Su erstore 862 1000 SF GFA 2.45 30 % B 1.72 6.43 50 % 3.22 3.22 5.51 Pharmac /Dru store 881 I,000SFGFA 8.62 49% A 4.40 6.43 50% 3.22 3.22 14.13 Sho i Center 820 1,000 SF GFA 3.75 34% A 2.48 6.43 50% 3.22 3.22 7.96 Su ermarket 850 I,000SFGFA 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 SERVICES Bank alk-In 911 1,000 SF GFA 33.15 40 % B 19.89 3.39 50% 1.70 1.70 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 Sources of Pass-by Ratea: A: October 1998 CCE Trip Generation handbook B: Estimated by Kimley-Hom based on ITE rates for similar categories C: CIE rate adjusted upward by KHA based on bgical relationshry to other categories 2008 Roadway Impact Fee Update 1$ November 2008 City of Colleyville, Texas ^ ~ ^ Kimley-Hom ~ and Associa6es, Inc. V. SAMPLE CALCULATIONS Clty o! Texas 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 Tab1eJ 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 St Determine Maximum Assessable Impact Fee Per Service Unit ep 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 Tab1eJ 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 = $836,831.25 2008 Roadway Impact Fee Update 19 November 2008 City ofColleyville, Texas ^ ~ ^ Kimley-Hom ~ and Associai~es, Inc. VI. CONCLUSION City of Texas The City of Colleyville has established a process to implement the assessment and collection of roadway impact fees through the adoption of an impact fee ordinance that is consistent with Chapter 395 of the Texas Local Government Code. This report establishes the maximum allowable roadway impact fee that could be assessed by the City of Colleyville within each of the two (2) service areas. The maximum assessable calculated in this report are as follows (from Table 6): SERVICE AREA: 1 2 16 MAX ASSESSABLE FEE PER SERVICE UNIT ($ PER VEH-MI) $ 1 052 $ 1,215 ' (Line I S * 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 'F~ Minutes -Draft ..,. Capital Improvements Advisory Committee City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, January 26, 2009 7:15 PM City Council Chambers 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 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 January 26, 2009 Committee 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 o1 Colleyville page 2 Printed on 2/9/2009 Capital Improvements Advisory Minutes -Draft Committee January 26, 2009 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 3 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: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor 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. ;;~,~ -~ ~ __ , ~~ ~~ ~ r~•~:,- City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-09-1712 File Number: 0-09-1712 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 03/03/2009 Agenda No.: 5b Status: Second Reading Controlling Body: City Council Final Action: 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 Sidewalk Escrow Neighborhood Districts Supplemental Sidewalk System Map Proposed Amendments to Chapter Nine Subdivision Design and Public Facilities Ordinance 0-09-1712 History of Legislative File Version: Date: Acting Body: Action Text: 02/17/2009 City Council 03/03/2009 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 Second Reading and Public Hearing There were no speakers regarding this request at the February 17, 2009 meeting. As requested at the February 17, 2009 meeting, staff has amended the final sentence in Section 9.12(f)(9)(ii) -Escrow Policy for Sidewalks to read as follows: "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 for future sidewalk construction on that lot or in that sidewalk district. 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 City of Colleyville Page 1 Printed on 2/26/2009 Agenda Briefing Continued (0-09-1712) Map, staff proposes the following amendments: Section 9.19: "General Sidewalk Requirement -General Sidewalk Requirement -Sidewalks shall be constructed #~-easy-i-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 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 City of Colleyville Page 2 Printed on 2/26/2009 Agenda Briefing Continued (0-09-1712) 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 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). City of Colleyville Page 3 Printed on 2/26/2009 Agenda Briefing Continued (0-09-1712) 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 4 Printed on 2/26/2009 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. Si na e -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 Required -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 Required -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 65;A99 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 -e. ,+i-1 C9`-~. #~---~ ~~'. ~-F V~' 1~11~1a11=-~~l~T. Iv ~ L_-l~l -, G4MP~lERCfAL ''~ `' ~~ /n y T `Yf l? ~- ~'~` ~- ,~ ~ IJ' ~"°~' ~ . 31' ~ M#- dl~t,~?~T~F ~~~SIC~EhJTI~L 3LtF' 4 ~a' ~t~' Hi~F~H~A Tt~ 1~t~" H,~.t~1P~.~lERNE.4Cl ~u° s -, ~r=,~l~, w ~~ ~~~;: ~, ~~~ ~r~'GERT~,~L ~LTE~:N~TIE T~=~ 1 SCI` H;~i`v1~~lER'HE.AC~ 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". 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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. Anv 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 Policv 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 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 City Whenever the City agrees to accept escrow deposits in lieu of construction by the owner of the property under these regulations, the propertv owner or developer shall deposit an amount equal to his share of the costs of design and construction in escrow with the Citv. 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 bejoint 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 propertv 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. Deletions are depicted as Striket#reugh Additions are Depicted as Underline Page 3 of 4 8. Use of Escrow Funds Six (6l 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 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 objection is filed, the owner of the lot for which the funds are escrowed, with the Director of Communitv 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 Citv. If the person receiving notice under this subsection is not the current owner, then they must immediately notify the Citv 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 Communitv Development by filing a written objection, explaining the owner's argument and requesting for a hearing before the City Council, with the Citv 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 for future sidewalk construction on that lot or in that sidewalk district. 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 constructina 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 Sttikethfedgh Additions are Depicted as Underline Page 4 of 4 A. General Sidewalk Requirement -General Sidewalk Requirement -Sidewalks shall be constructed fer each-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 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. 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. Deletions are depicted as Str+kethredgh Additions are Depicted as Underline 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 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" 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 for future sidewalk construction on that lot or in that sidewalk district. 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. . -- ~ - - 3-=s., .~~ ~ _"~. -- _ _ 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 System 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" ~:,: s ~ _~~~ ~- ~! ~ ~ ~ ' • • • r ~ 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 e -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 Required -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 Required -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. ~} 44f ~~ '~ F,{~y~ V ~4 f" ~~v ~ ~ I ~~ 1Lf' ~I.~.; 1t=T~F~' ~ J~,,r~~~PT~'rbLE,~,LTERhri.Tl <'F ~~.)~..-DF-~A T~~~ 1~' HivtrvlEP,H~:~L~ T``~"~ . ~' C31~I~.1tETF~ ~' ~ ~ - --- l~E~~DET~~7i~tL ~ ~i~ T 'r`F' -awe .~.. ~~' r4' `'' HhEP,H~AI~ ~:j--EFT~~LE ~tt_TEI~NATI`+OE T~_ ~ ~~` Ft;~,l~rltvlE'HEA~ 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. Date: _> ~, j ~ __,~___ I will speak In Support of this item. ______ I will speak In Opposition to this item. SPEAKER CARD _____ I do not wish to speak but please records my: ^ support ^opposition Agenda Item Number: =Ordinance/Resolution Number: ~ •-,~ Name: ~-~~- 7 3 -.~ ,~ -.~~. c s 'Tir- Address: _ /~ S ~ ~o2cr s~~~~ ~~ ~ City:.. ~~ ~ ~ ~ ~ e State. X ' ~_ Zip Code: ~ 6~/ Telephone Number: gr1 ~QS~, Z6L~ Re resenting: p (~~` p I ~'crnic_r ~cP w~'~s (organization/self) I understand I am limited to speaking for five minutes. For business not listed on the agenda accordance with the Texas Onen -wpar:..,.. Signed: a Public Hearing, City Council will not respond in ~, Chapter 551 of the Texas Local Government Code. ~~ ~~ a ruonc rcecord. City Hall ~,~ ~^,~ 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: 03/03/2009 Agenda No.: 5c Status: Second 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: 1 02/09/2009 Planning and Zoning Commission 1 02/17/2009 City Council 1 03/03/2009 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 Second Reading and Public Hearing There were no speakers regarding this request at the February 17, 2009 meeting. 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 City of Colleyville Page 1 Printed on 2/23/2009 Agenda Briefing Continued (0-09-1713) 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. 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 2/23/2009 Location and Zoning Map 1 ~ ~ 50'13 .~'`~11~6~ 1109 ~~ 1113 ~ 111.7.. 1121 5013 ,' ~ '~ { _... . ~~ ( 5009 J ~ ~ r _ 1101 1108 ~ 1112 1116 ~ 1120 ~ ~ 5005 fl _` 4 - f ~~~_-. _._.~.._. ___ __~.- -_...-._. ~4. _ _ ~} ' `005 500.1 110 , . ..._ ~ ~.-~ ~ __--,- _ _.:.. ,, ~ 110 ~T ~ 1109 ~ 111:i~ 1117 1121 ,~ ~___.___m_____~ ~ t .___.. _,.~..._ PuD 1;i~C 1104 1124 -1102 ~~ 112 1116 1 20 1128 PUDC 44 .~ ' _._.__.__~l C;~hC~C f~D Site _-_..__ ...__~ r_._ .__ ~_ ~ ~---_ ~- "~~ ~ 1'105 11 i7-~ 1117 1rU 1 1~~i~5 ~ ~~ f J .. R~0 PU DC ~ ~~---, ~, _- ~ ~~ 1112 ~ stn , 121 1101', ~~10~} ~ 11i"i~ Q ~~ 111 C~ ~ _'' _ R20 ~,~::_...___ ,~ ~_ ti--__:.~ ~ ~ _., ~p O;P,Rfl.1.N l ~ ___~- ... !, 11 fi7 ~( ~ 1 1109 1113- 1101 ~ 1105 f ~~~ C ~~ _W ~~~ ~ t 1 ~ ~ ~~~~ 1200 ~' ('~ ` ,, 12 11 i~JO ~ 1108. 1112. 1104 ~ ~3 i ( ~ ' 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. Applicant's Request PRE1l~IIER OFFICE EQUITIES 1450 HUGxES ROAD STJITE 101 Gr~EVnvE, TX 76051 TELEPHONE: (817) 4$1-2626 TELEFACSIMILE: (817) 481-2623 Walter D. James III January 16, 2009 Ron Ruthven Justin D. Bass City of Colleyville Community Development 100 Main Street Colleyville, TX 76034 RE: 1117 Glade Road/Ordinance 0-08-1695 Gentlemen: Premier Office Equities is seeking to amend Ordinance O-0$-1695 ("Ordinance") On December 2, 2008, the City Council for Colleyville approved zoning ordinance 0-08- .1695 (pertaining to 1117 Glade Raad). The Ordinance, at section 9.a. states in part: "The . _ ,~ building Shall. be ,.. , allowed, no more than (2) tenants .at any, given tune. Premier Office Equities is seeking the arnendrnent specifically to change the Ordinance to allow no 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 III Cc: Jerry Beane Roger Beavans Approved Site Plan 111 C~~~I~~ ~?~~ _ ~ 89.2~`~~S" l~ 1_5.12` _ 1"iONUM~NT SICsN ~ ~ 5' CONE. ' ALK l/ ~' GONG. IUALfG ~ _ ~- - m ' ,e 4 ;~ sa -~' ~' ~ ~ h~ , e '-6' 36'-0' 30'-0' 24'-0' 30'-~' 36'-0' ,_6~ n 4~' FRONt BUI DINGx LINE ._... r .~ ~ ~,...._ ~ _ ,., , -~ ~w .av - ~r ~ ~, ,-.f-.~ ! ~ ~' d~ ~ ~ ,l ~ ... ,~ ~ .,~ ~. ~ ~` tit f ,~ 59P~~ ~Q:FT fi~'~?t~:C~F~I~E ~3L'DG-~ Q ,,, ~' f - ._ ,` ..=~' ~',4i~K1~»1Cx R~G2 1.}/3fl~3? 2~ ~~'.~C~~ .. r ? .~. .. .. ...... .. ALL'-F'~G~ .'. , ..'. .. , .. ... , :~ .~~.... -~, .7~-,~^,~.C~r'l. 1`t ~~'C~,~k.+r~ lJ/ 15.15` .. emu' ~T~~.."~i, f:.Gu~` \ ~" JY ,.,~,~Gfia 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 Coffeyville 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 Colleyvitle, 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 Colleyvitle as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for a professional office building. b. This property is subject to all the regulations contained in the Colleyvitle 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 "6", 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 Page4of5 7. OPEN SPACE a. This development shall provide not less than 30 percent common open space, which shall generally be configured as shown on Exhibit "B". All open space areas shall be landscaped and maintained by the property owner. 8. SIDEWALKS a. Sidewalks, five (5) foot in width, shall be required along Glade Road and installed prior to issuance of a Certificate of Occupancy. 9. OTHER a. The building shall be limited to one-story and allowed no more than two (2) tenants at any given time. b. A 24 foot mutual access easement shall be provided along the entire front of the property to allow for future connectivity to the lot. c. No dumpster shall be placed on this lot, for any purpose, including for garbage, refuse, or recycling. d. Lighting along the rear of the building shall be limited to security lighting, not to be a nuisance to adjacent residential properties. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of alt other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-08-1695 Page 5 of 5 Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. first r ading and pu lic hearing being conducted on the --~-~ day of 2008. sec nd reading and public hearing being conducted on the ~ ~ .day of ?~~~iy ~ 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: ~ ~ CITY OF COLLEYVILLE ~,-~..~ David Kelly Mayor Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map 1 ~ "l10h 11LE x'112 111$ N9~t i ' ~,~._~~....~..r~.vr~ro~.,..~. `~'11~ ! jll.l r' 19~j' .98051 4'11:1 91ir !'Y7f ~ 1~G11 ,, ~ ~ ~ t ~} i ~u ",^w i _~_--- l ~ 7"EQ:~~ 99.G0 1113 "a :1F IL31 .__ _. ~~~ '~ ~~~ ~i _ _; 712. 111 ~ ~ ~ ~~~P. ~ :"r2'7!f ff _.~~a. ~.--- ~_. ~...:_ ~, 175 ~1fiT~ ~ , '"~Ob 12J1 ~~ ~ I:f'S ~ ~, ~ > ~. r ~ . .. ~ ~~ . ~. i~tc • ~ IID1 [I ~ioa ''1j ~ ` 1''~b ,'` ~,` __m_~__ ~ ~ ~~ ' ~~, ux ~ ~i~t ~ 1'.' "~ ti?t ~ f. ~8 I ' _ ~ l _ ~ .__.~ .. - __.__ _ .... _ ~----- {i ~- t1 f :~, ii~~ f ~ ,~ ~ r ~ ia~s rw ~ itai ~ ~~~ ~1,. ~ `.`~.. ^~ \ --- „'" =_~- - - ' >~ ,;:- ~ ---'-- --._r _ '_'-.- - ~ JJ ~~ ~ n~i iii ! i+na ~ ~ 9U3 ~ ~`~ 1~xT'. ~\ EXHIBIT "B"- Conceptual Site Plan _._.- ~:. 1 ~~ ~.;~~~ ~'C~,+~-fie( ~a ~~-~`3'~~" ~~ 1~15.~2' ,~~M1t.~'t~tt ~1CsN ~~ ~ ~ ~ ~ _ ~ 5' GC~NC. ~~LK _ ~' GJNG. '+1~tLK ~ 1 ~ -~ 3~ b' 9`.!. 36'-d3' 3Q`l'-~' `~ 34'-x" 3[~'-1~` fir`-A' °'-6' 2,?~'„¢~' 63'-its' ~~~ ..,._ 17'-t' if2~'-~i' +~ ~ ~4r~` ~RCN7 Rt.if QiN~ L~t~E ~ ~.v ~ ~ I m ,~ r-- ,.~. ~~, w ~,~ "~---- ...._~ ~ •_`. I ;~ 5~~~ a~.FT. ~F~JJ~.C~I=F~ ~~ ~~GC~ ~ 1- 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 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 2325 Oak Knoll Drive Exhibit "A" -Location and Zoning Map vi 501:', ' 11 E 1109.' , 1113° 1117 1121.. 1 ~ ~~ I ; ~ 50'13 ... . ~ ____ ..r ~ ~ I j 50oJ ~ 1144 1108 1112 1116 1120 J _~ .. ~ 5005 ., __ ~ y 5005 ~ 5001 ~V ~ 110~AB1CUE 7 r ~ ,;' 110~T ~~ 1109 ~ 1143 ~ 1117 1121 ..,, ~ I ~ pua~ 11 ~ ~'~,~ 1'104 114 1128 1132 112 1116. 120' PUDC _, GLFIDE ~ D Site , _~ __ __._ ~ ~~ '1105 1105 .11.7 120"I 1L05 G~' 1 R20 PUDC v~~ ._ ~, ,~:'' '1104 11 ~=1~ ~ ~ 0 i_i ~~ 111r. __ R20 `, ~~ ~RCL LN _ _ 3~ 1 11'1 r 110E+ 1113 1101 1"1~~~ _.. l ---~ __ _ t .. _.._ __ , ~ ~~ _1?u0 1 I 1100 ~ 1 1108 ~1 11'l~ ~ ~~ i 104 i I' f ~ "' City Hall ',~~~ ~ ~~_ :J City of Colleyville 100 Main Street ~ ~ Colleyville, Texas 76034 ~~ ~ ~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1714 File Number: 0-09-1714 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 03/03/2009 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a Special Use Permit (SUP) for a carport on Lot AR, Block 7 of the Windview Estates Addition located at 2325 Oak Knoll, Case ZC09-001 Attachments: Location and Zoning Map Notification List Petition Opposing Request Development Analysis Exhibit Provided by Applicant Site Plan Ordinance 0-09-1714 History of Legislative File Version: Date: Acting Body: Action Text: 1 02/23/2009 Planning and Zoning Commission 1 03/03/2009 City Council Title Approval of a Special Use Permit (SUP) for a carport on Lot AR, Block 7 of the Windview Estates Addition located at 2325 Oak Knoll, Case ZC09-001 Explanation First Reading and Public Hearing Jeff Russell has submitted a request for a Special Use Permit to construct a detached carport on 8.4 acres located at 2325 Oak Knoll. The carport will be located behind the primary residence and will be no greater than 15 feet in height. It will be constructed of masonry columns and a composite shingle roof. Waiver Request. Section 3.27 of the Land Development Code sets development standards for carports. According to the code, a carport shall not exceed 480 square feet in area. The proposed carport will be 576 square feet in area. Existing Conditions. The property is zoned AG-Agricultural and currently developed for single family residential use. The property contains an existing two-story home and three accessory structures - a garage, a barn and a guest house. Although the construction of a carport would result in an additional structure on the property, the Land Development Code specifically states that a carport is not considered an accessory structure (Chapter 2 Definitions). Therefore, the request will not exceed the three accessory building maximum allowed by Code. City of Colleyville Page 1 Printed on 2/25/2009 A4enda Briefing Continued (0-09-1714) Adjacent Zoning and Development. The properties to the east and south are zoned R40-Single Family Residential and are developed as single family residences. The properties to the west are zoned PUDR-Planned Unit Development Residential and are also developed as single family residences. The property to the north is zoned AG-Agricultural and developed for single family residential use as well. Development Analysis. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a Special Use Permit. A development analysis of the regulations and the proposed carport is attached. The proposed carport complies with the development regulations within the Land Development Code, with the exception of the area, as described above. Public Notification. Staff mailed notices to 19 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received a petition with nine signatures opposing this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the February 23, 2009 meeting by a vote of 6-1. Supermajority Vote Requirement. Since the opposition within 200 feet of the subject property exceeds 20%, the request can only be approved by a supermajority vote by the City Council. This request must receive at least six (6) affirmative votes in order to be approved. Summary. The carport does not comply with the size requirements stated within the Land Development Code. Financial Impact It has been determined that there is no financial impact. Recommendation Denial due to technical non-compliance with the Land Development Code City of Colleyville Page 2 Printed on 2/25/2009 Location and Zoning Map 2200 2315 AG r ~~~" ~ _- ''~ ~ 231 ~ 4~, -'"~ ~. .. ~ ' `~, 4104 ~. 2320 ~ 4108 Rd~~'~ -- ,~; ~ G i ;~ ` ~- a ~ ' 4 ~t SUbj~ct ~s 2324. f' ~~l 4106 F~, ' s ~ Property ,-, ti, ,~ `~ - 4 100 ~ s '~ ~ ~' ~, 4101 _ _ -~ ~s ~ '~,, f`~ • ~ ~~~4012 ,~ '~~ '~f 2325 ~ 4014 ~, ~''~`~ ~ 4416 ' ~~RA~Ia!ISG~ITE T ~,4 ~`.~~ '~, 40 10 C ~ ~~ -,~ - PU~~R `''S~c~ ~ 001 .. ~ ~ - ~~ 4008 , 4006 i ~'`~ i __ ?911 ~ ~ i_ _ I 400 ~ ``"-~;.__ 390 ~r I~ `'~~3920 ~; ~ ~~ ~ ~ `f {~ ,; - -- ` --- -~ ~ ~, ,~, ~ j 3916 ~ ~ ~'`~ ~r-, _ -- - -- ^ - ~, ~ 3911 k ,.,~ !~ a~ ` 3906 3904 0 ~ `;,-. ~~^~ ' ~ r- , I a ( . `~~' ~ °'' ~ `"' ' - ~- ~-- . 1 -- O ~ ~~ 4 ~ i ~ 2204 ~ 2208 ~ 2210 3907 ~ ~` '~; ~ ,. ~ ~~ l -- -'- - i __ _ _ - ,~ sS' - ~ r v';~~cD ~~ m - f-- f Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Schollmeyer, Bruce & Shirley 2316 Oak Knoll Dr Colleyville TX 76034 000000 Oak Knoll Dr Jatoi, Alimadad Etux Alcina F 2315 Oak Knoll Dr Colleyville TX 76034 002315 Oak Knoll Dr Foreman, Gregory Etux Susanne PO Box 308 Colleyville TX 76034 000000 Oak Knoll Dr Schollmeyer, Bruce Etux Shirle 2316 Oak Knoll Dr Colleyville TX 76034 002316 Oak Knoll Dr Schollmeyer, Bruce & Shirley L 2316 Oak Knoll Dr Colleyville TX 76034 002320 Oak Knoll Dr Russell, Jeffrey Etux Melanie, applicant 2325 Oak Knoll Dr Colleyville TX 76034 002325 Oak Knoll Dr Mom, Karl Etux Sunthary 4104 Tamblewood Dr Colleyville TX 76034 004104 Tamblewood Dr Broussard, Gina Alane 4105 Dundee Ct Colleyville TX 76034 004105 Dundee Ct Schollmeyer, Bruce & Shirley 2316 Oak Knoll Dr Colleyville TX 76034 002324 Oak Knoll Dr Hannesschlager, Robert Etux Pa 4100 Tamblewood Dr Colleyville TX 76034 004100 Tamblewood Dr Foreman, Gregory Etux Susanne PO Box 308 Colleyville TX 76034 004016 Jackson Dr McLeod, John M Etux Linda E 4012 Ramsgate Ct Colleyville TX 76034 004012 Ramsgate Ct Easley, Dennis Etux Amy Rogers 4014 Ramsgate Ct Colleyville TX 76034 004014 Ramsgate Ct Pinkerd, David R Etux Verna L 4010 Ramsgate Ct Colleyville TX 76034 004010 Ramsgate Ct Wanger, Diane & C Waychoff Jr 3920 Jackson Rd Colleyville TX 76034 003920 Jackson Dr Costello, Daniel Sr Etux Holly 4005 Tamblewood Dr Colleyville TX 76034 004005 Tamblewood Dr Thomason, Joe D Etux Connie L 4006 Ramsgate Ct Colleyville TX 76034 004006 Ramsgate Ct Records, Robert E Etux Andrea 4008 Ramsgate Ct Colleyville TX 76034 004008 Ramsgate Ct Bell, David S Etux Dana J PO Box 310 Pinetop AZ 85935 003916 Jackson Dr Farrington, Larry G Etux Kathy 3911 Tamblewood Dr Colleyville TX 76034 003911 Tamblewood Dr Public hearing notices were mailed on Thursday, Feb. 12, 2009 by Amy Shelley. Signature Petition Opposing Request Zoning Case Number: Location: Requested Zaning zco9-oos 2325 Oak Knoll Special Use Permit for Carport We, the below landowners object to this permit application and do not wish to have carports in Colleyville. Signiture ,,; 1)~ Printed Name ~tst~"~erV~' ~ ' ~-~ Address Y~C,U ~ `~~ ~'~~C ~i~. ~ ~' ~ a~ Signiture `~`~~ t i~ 1,~. Printed Name ~~ .,/ ~ -, ~,~ ~~ Signiture--~~ a`te` ~' _`~ . ~ , ', ' ',.u. ~ :. y ~~ ~,. Printed Name~;.,~;~~ ~~,._~~~„Ed' ~'k~ ~/r Address ~d`~~~ ~C-,.~.'~r~i-• ,,~'l~~ ' ~,~ ~ ; . 1 ~ _ y , ~.~ Signiture `° ~' '- ~ ~ Printed Name ~ fT~ .~~ t~~ `~~' /'~ Address~~_ ~~~` ~' ~~ ~~, ~~ Signiture Printed Address ,~ ~~ ! Signiture ~ `~ ~~ ~ ~ ~_,.~ ~ ~ ~"' Printed Name C3~ F~. ~~`~~n~~S ' .~~t~- ~'=-~~ Address Signitur~ Printed Name ,, ~_ Address ~C~'u ~ ~ ,c '"'~~L,~-~=~.~-~y/°: 3 ~'° ~,. Signitur Printed Name ~ ~~~ ~~ Address ~ ~/ ~G~ J~~~~ /~' ~'~'~ Sign Prin Add Development Analysis The Land Development Code requires that carports be considered on a case-by- case basis, and must be approved by a Special Use Permit. A comparison of the regulations and the proposed carport is shown below. CARPORT ZONING COMPARISON Category Zoning Applicant Requirement Proposal 1. Maximum Size 480 square feet 576 square feet 2. Longest Dimension 24 feet 24 feet Allowed 3. Maximum Height 15 ft. to highest 15 feet point of roof 4. Side Setback 10 feet >50 feet 5. Rear Setback 5 feet > 150 feet 6. Maximum Number per Lot 1 1 7. Paved Parking Surface Concrete, asphalt In Compliance or pavestone 8. Roof Pitch 2:12 minimum In Compliance brick, stone or 9. Construction of Posts decorative metal between 12" and In Compliance 48" in width Exhibit Provided by Applicant Exhibit Provided by Applicant Exhibit Provided by Applicant Exhibit Provided by Applicant -~ Site Plan n N ~ O W 159 m0 <D ~ o--- __.._..._.. 22089 ........ ~,.~ ~D ~ ~ m ~ ~ ' ~ ~ ~~ ~ J 'tiQ ~v Q" r 4 j +` ~ O ~ , ~ to < z ~m N oo~ ~ ~,h1r~ - - A ' ooZ ~ , ~ _ o= ~ i ~ ~m i O ~ '• LIGHTED 'ENTRY AREA ` tp ! eP V _ I W/ ELECTRIC ' `GATE = ~~ ~ O~ ,~ 5 CO RETE DRIVE `. ~ _ ~ i ~ _ . u`~; ~~ I i i t I '~ I `~. rn ~ i ~ - '. N ~' GUEST~ \` ' 4 HOUSES ~ i ~ i ~ ~_ S1 ~ ~~ - i ~ ._.. ...... . ....... ._. "l ~ j "-"""'---~ ENTRY t~ / / . r ARC ~ GATEECTRI(~ r I i d~ i ~ a / ~ ~~ /, ~ ~\\ ~ / % i ~ ~ / ^. \ / ^~ \~ ~ ~~ / ~ 208.35' RECEIVED JAN 0 9 2009 Per ......w._... ORDINANCE 0-09-1714 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT ON LOT AR, BLOCK 7, WINDVIEW ADDITION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. ZC09-001; 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 0-09-1714 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a carport on Lot AR, Block 7 of the Windview Addition, as depicted on the Zoning and Location Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and as shown on the Building Elevation Drawing attached as Exhibit "C". Sec. 3. THAT the above described tract of land shown on Exhibit "B" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: a. The carport shall not exceed 576 square feet in size. b. The carport shall not exceed 15 feet in height. c. The carport shall be located behind the front line of the primary residence. d. The carport shall be generally constructed of masonry columns and composite shingles. e. The carport shall meet all regulations of the Land Development Code, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-09-1714 Page 3 of 3 to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 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 Zoning and Location Map -Exhibit "A" 4 r~ ~~ 22oa 2315 ~, '~" 2316 ~ f..---'` ,, ~!+ } f~ 4104 ~ 2320 4108 ~ ~.'~0---~ ~~ _ _ ~~~~ "~O fl ~5~ ~ ', SUb~eCt ~ 2324 ~,~ 4106 ~ 1 lr ~ ill property s~; ,~'`~ /~J ~~`` ~~ 4100 4101 ~ ~~ti ~~~> >~ f~ 1 - ~ 2325 ~ f ,~'~~ 4012 ti ~ ~ ~. 4014 I ~~, 4016 ~, ,.~ r~~°R4~!1SG~i TE T ~_ ~'~,, 4010 ~'~ oq `' _-- I ~,, 001 ~ ~ ,' \ ~~~,, ~~~4008',4006 ~ ~ ~``"`.~ 3913 ~ -.: _, c 1 ~ - ~ ~ 4000 ~.., 3911 ~ 3J07 I ~ ~ ,-1`~.,, 3920 ~;~ '' rr Q I ~ ~ ~'~~ ~~ rr ~ - - __ -_, ~ ,, ~ 391 ~ ~~`"~-,.~ ~~ .,, _ - rr~ 3J 11 o ~,~ ~ ;,~~ ~ 3906 3904 fl ~ -'~. ~ ` ,. d ~~ ~ - ~. ~ - .-- , ~ -~- _._ _ ~ 39b8 ~` ~ ~ - fi ~ ~.~~ y` ~ ~~ 2204 ~ 2208. 2210 i 3J0~ -~~; '~ ~,~' r, ~ ~ r- r f ~"~ S~ ~ : __ ~ _-__ . __. ..._ ... ~. ~ `~S ` co , ~* m Site Plan -Exhibit "B" {; N yr' w-' L7 ,. ~~ ~~ ~ ~ I ~~~ eta ~r ,.. ;.~ ~ S ~ i , a r ~ rn C5 u ~~~~ ~~. -, ~ ~ ,c ~ r r '~ xt ~r C7~ \ ~~y~~r~*' i ~ .y ~~~ ~ ~ ~ .. Q~ € ~ l 1 ~ ', `3 ~ ~~' ,,~ v.~ 1 ~ , ; ~tC.ri's r! M '~ HTR`~ #~ A ~• - i~itf L~C~~' ~}e~ ', ~` ~Zi~ ~' ''~ G,~FE ~ ,~ I. T-. ,~, S _ t~~ ~ i u~'~ ~^ ~ _ '~ ~ i ~J ~~~M~5~~4~ • ttl `~ ~ 3 '~ ' 4 ~ if ~ ~ ~ ~ [ ~ x E ~ Cc rc~ ~, M~,;SE I S C ~, ~ ~~ x -~~ ~: t~ ~ /3 ~ f '~ t C y~, ~~~~~ i ., ~~~ ~ ~; _~ ~~. ~: ~~~~~ 1 ;SAN 8 9 ZOQ Building Elevation Drawing -Exhibit "C" c,~n-:v ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ,~._~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3055 File Number: R-09-3055 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 03/03/2009 Agenda No.: 7a Status: No Action Taken 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 1 03/03/2009 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 Reading and Public Hearing This item was tabled at the February 17, 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 March 3, 2009 City Council meeting. 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. City of Colleyville Page 1 Printed on 2/26/2009 Agenda Briefing Continued (R-09-3055) 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 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 City of Colleyville Page 2 Printed on 2/26/2009 Agenda Briefing Continued (R-09-3055) delay construction of the sidewalk until a future date. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Deny the waiver -The property owner would be required to construct the sidewalk immediately. Financial Impact It has been determined that if the waiver is approved as requested, the City would bear the cost of construction of the sidewalk should sidewalks be installed along the street in the future. Recommendation Staff recommends that the payment of escrow funds in lieu of construction be required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 3 Printed on 2/26/2009 Location and Zoning Map ~- ~' R 0 f\ ,~ ~-~ ~~ r( Site S ,\ f ~~~ ,, s ~, ',~_ ~'~~ R20 -/ AG ~~ ~~ ~ R40 ~~~ `~\ ,, , ~~~ ~ ' ~. P D R ,~ .~ %~ Applicant's Request Jenson & Whitney Gainer 2109 Oak Knoll Ct. Colleyville, TX 76034 '~' ~ ~" _ ~ 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 all adjacent subdivisions do not have existing sidewalks. Most of the subdivisions and homes surrounding the property were platted in the 1960s-1970s and homes were built shortly thereafter. 2.) The closest subdivision Stafford Heights, 41 of 441ots have residences built on them without sidewalks as does every single home between our property and this subdivision. This would render building the infi-astructure 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 entixe 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 ,~ -~ _z~. __ - t _~ ~ ~~ ~ ~- ~ o T ~$ ~ _~ _.~. : .IiLf~&}~:•_?.Its ~ ~ ~` e ~ ~ - , . 7 ~~ ._~ ~. ,, TFI Fes; ~ i ~ : _ _~ 9 , -~ ._... _ , ~. .. t _ 2109 Oak Knoll Ct. _ t E ..,,. _ _~ s ~.~__~. ~ ~~~~ Required Sidewalks Between 4` & 6' in Width} -~-~ Existing and Proposed Trails (Between 8' & 12' in width, Cottonbelt Trail X10' walk connect Grapevine and Hurst) -° Private walking Paths (May be any size Sidewalks NC}T required Escrow Option for Sidewalk ~ Municipal Locations --, Parks ,~~_ ., ~=;:._`, Schools water Features ~---~ City Limit. -~---~- Railroad ~~~ ~5 t ~': ~ ~~ ~-,~ - 7 ^e. ... Prope~y p)at Ex . habit ~ t '~/ ;. ~ '< / ~ ,r ;, 1 ~ i~' t ~, l r/ 1 ~~~ 4 . ,~_ -~ ~ ~,~ . $~ y1'k ~,f; ;~ l ~ ~ ~(~~' \ r ti '~~Cj~/~~ L i. A. ANp12ENg ~ ~ Fj''~. ~/s ~`i ~ ~iR~~~//~ J F ~ ~t 7~J~~y' Dl~tGiTi~~O ~ TA~'4AY f 221 SQ Required Sidewalk Location PGptKi ~. RVYI3STF1~ ~NNEriA y~p{~STER ''"rte ~,,.%r ~ '~ F42ft PG. 82s ~,,,, D.R. C, T. ~ f ~,,r_ .,... ~ /' ~ _ ~ ~~" ~~-`~ ~ - _ , L / ~ ~ ~qy ~ Y1R' 1RS "'~ t,~ 44bbr~ ~ 5~'SRyiv. ~, LC3T TR-® ~a~~J~ ~ BLOGK 1 >, r' t,2683 AC. 'r. bi~~i 5,288 5Q. FT. r ~.~, s n ~i r `;_~~ l/ r ylid _. ./.+' ~}• ~~~ w l ~ i, - .... \\ll r ~ ` -` `~ ~~~. ~ t i' i ~ i l.' ~, E _` ~ ~~~ ! ~ ~ / yj ~~ S ` ~~ ~~ ~ ~ ~ ~ ~~ ~ ~ . i t t . ~~l ~ ti t i Aye' ~ ~. r~ ~ ~ ~ r ~ f ~~ i / 1 '~ ~f l r / i ' Subj -~-_ ect ,4~~-- ,t~ Property 2a~., ~~ ~~.~~ , 4.3818 AC. 141,312 ~. F3. ....-.- ._ J. .- ..- ... - _ F!fl.2S _ w - ~ ....... _" _ _ _ 160• ~- -- 5lSS"IlS 5Y`W - ~......_ ~ - ~ ~ .- _ \\ I~IX. 12g7g jE'MT DAT.C.T y ~ M inY i i~ ~~~ 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 1R-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: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ~~~~~ City Hall /,~`? ~ ~ City of Colleyville 100 Main Street ~j ~ Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 vrww. co l l e yv i l l e. co m File Number: File Type: Report Version: 1 Agenda Date: 03/03/2009 Requester: Office of the City Agenda No.: 9 Secretary File Name: Reports -March 3, 2009 Status: Reports Controlling Body: City Council Final Action: Attachments: Colleyville Trails and Sidewalks Committee Minutes -November 11, 2008 Colleyville Center Advisory Committee Minutes -November 17, 2008 Planning and Zoning Commission Minutes -February 9, 2009 Colleyville Trails and Sidewalks Committee Minutes -February 10, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 03/03/2009 City Council Title Colleyville Trails and Sidewalks Committee Minutes -November 11, 2008 Colleyville Center Advisory Committee Minutes -November 17, 2008 Planning and Zoning Commission Minutes -February 9, 2009 Colleyville Trails and Sidewalks Committee Minutes -February 10, 2009 City of Colleyville Page 1 Printed on 2/25/2009 i ~,.Y o, COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE ', ® MEETING MINUTES -November 11, 2008 Texas CALL TO ORDER The meeting was called to order at 4:10 p.m. ROLL CALL Present: David Klenzendorf, Gail Manion, Odilon Alvarado, Jack Olsen, Judy Atwood Staff Present: Steve Chutchian, Jeremy Hutt, Ron Ruthven, Kathy Moore APPROVAL OF MINUTES Judy Atwood requested a change to the wording in the first paragraph. Odilon Alvarado moved to approve the minutes from the August 18, 2008 meeting with the requested change to the first paragraph to now read "he wants to insure that the Committee is being consistent". Jack Olsen seconded the motion. The vote was unanimous. AGENDA ITEMS 1. Staff Update Regarding the Adoption of a Supplemental Sidewalk System Map Steve Chutchian gave the Committee a brief update on the Supplemental Sidewalk System Map stating that at the previous Pre-Council meeting David Klenzendorf, Gail Manion and Judy Atwood presented the map to Council. There was a short discussion with a few questions for the Committee, but over-all the Council was pleased with the map and they endorsed it. Council directed staff to prepare this item for approval at the next Council meeting on December 2, 2008. Steve moved on to the issue of the variance/wavier process, in which he invited Ron Ruthven, Interim Community Development Director to join in on the meeting and to help the Committee understand the process. The Land Development Code now has a provision for waivers, which is now very general, however Ron has put together some changes to help this process work more effectively. Council does not wish to review these waivers at this time; therefore staff feels that the ideal place for waiver reviews would be with the Planning and Zoning Commission. They meet every two weeks and are much more aware of development issues within the City. Staff feels that the Planning and Zoning Commission will be supportive of the recommendations that the Committee has assigned to the Supplemental Sidewalk System Map. Staff is proposing that once a waiver has been turned down by the Planning and Zoning Commission that would be the final decision. Colleyville Trails and Sidewalks Committee Meeting Minutes -November 11, 2008 Ron Ruthven passed out a draft of the proposed changes to the Land Development Code in regard to sidewalk construction and the Supplemental Sidewalk System Map. He would like to incorporate this draft with other upcoming changes to the Land Development Code. There was a lengthy discussion on the proposed changes to the Land Development Code in reference to the various requirements and the waiver process. The Committee would like to receive copies of all wavier requests in advance of their scheduled agenda date with the Planning and Zoning Commission; this would give the Committee an opportunity to give their input to the Planning and Zoning Commission and also to better understand which areas are causing problems. Ron Ruthven stated that these proposed changes, along with many others will go to the Planning and Zoning Commission on December 22, 2008, and then on to Council. Judy Atwood asked about adding verbiage to the Land Development Code in regard to the way the cost is determined and what is included when escrowing funds in lieu of building sidewalks. The Committee wants the escrowed amount to reflect the cost of the sidewalk and any additional expenses associated with the sidewalk placement. Steve Chutchian and Ron Ruthven agreed that this wouldn't be a problem. Ron Ruthven added that when someone applies for a waiver there will also be an application fee to accommodate staff's time. In addition to the other changes, the Committee asked about the potential of adding a distance requirement for the placement of sidewalk to the Land development Code. Ron Ruthven and Steve Chutchian agreed that defining specific limits for sidewalks from the back of curb or edge of pavement on an existing street is not recommended. Staff further stated that construction in established areas involves the placement of sidewalks around existing trees, drainage and utility facilities, drainage ditches, and in a non-linear alignment. The Land Development Code has a provision for constructing walks within one foot (1') of the right-of-way of a street. Current policy by City Staff is to construct new sidewalks as far away from the edge of pavement or back of curb of a street as possible. 2. Update of the Proposed Pleasant Run Trail Improvements Jeremy Hutt gave a brief update on the Pleasant Run Trail Improvement Project; he noted a change to the timeline due to the Holiday schedule, but he plans to drop the construction schedule to seventy-five days and that will make up most of the time. Gail Manion questioned how long the sidewalk may be out of use; Jeremy Hutt stated that it will be approximately three or four days. 3. Discussion of the Proposed 2009 Sidewalk Improvement Project Jeremy Hutt reviewed the Sidewalk CIP Five-Year Plan with the Committee. He informed the Committee that they will need to look at the projects slated for 2009 and decide if we are going to stay with those projects or request changes to the Five-Year Plan. In addition, he reminded the Committee that if changes are made they will have to go before Council for approval. Discussions continued concerning the projects listed for 2009, and Jeremy Hutt noted that Tinker Road from Emerald Drive to Pleasant Run Colleyville Trails and Sidewalks Committee Meeting Minutes -November 11, 2008 Road from 2008 was not completed last fiscal year due to financial restraints. The discussion continued concerning the Colleyville Terrace area; the City received several emails requesting sidewalks in that area. Jeremy will do a cost estimate for Colleyville Terrace from South Drive to Pleasant Run Road on the North side. In addition, Gail Manion requested that we look at extending Beverly Drive from Leta Lane to Bransford Road. Steve Chutchian agreed to have the cost estimates updated by the next scheduled meeting, so the Committee can set their priorities. Gail Manion asked if there were any updates on developments that would affect any of the projects on the Sidewalk CIP Five-Year Plan. Steve Chutchian said there was one development close to Garry Lynn Drive and Glade Road, on the South side that is in the works. Jeremy Hutt stated that the project is on a holding pattern right now, it may be a while before it gets started. If this project goes in they will be required to put sidewalks on Glade Road from Riverwalk Drive to the Duke Tract. STAFF REPORTS The committee agreed to have their quarterly meeting on Tuesday, February 10, 2009 at 4:00 p.m. CITIZEN COMMENTS There were no Citizen comments. ADJOURNMENT The meeting adjourned at 5:43 p.m. Respectfully Submitted, ~~`~~ ~'. Kathy E. Moore Administrative Assistant Approved on: February 16, 2009 Colleyville Trails and Sidewalks Committee Meeting Minutes -November 11, 2008 COLLEYVILLE CENTER ADVISORY COMMITTEE FY 2008 FOURTH QUARTER MEETING NOVEMBER 17, 2008 MINUTES Present: Chair Mark Johnson, Dena Dendy, Muriel Havran, Connie Nichols, Paul Vigiletti, Molly Skinner, Karen Birkes, Suzanne Harrington, Pat Jones, Tom Westerman, Dorie Cranshaw, and Vice-Chair Louis Miller. Architect Karl Komatsu, Design Consultants Amy Sibley, Les Edmonds, Economist and Consultant Dr. Terry Clower, and Ed Havran Assistant City Manager Mike Johnston, Management Assistant Christine Loven, Center Manager Lin Przybyl and Center Coordinator Marilyn Gilbert Absent: Evelyn Englert and John Gray 1. The meeting was called to order at 5:35 pm by Chair Mark Johnson. 2. Minutes from the August 18 and September 11, 2008 meetings were approved as written. 3. Recognition and congratulations were expressed for Advisory Committee member Evelyn Englert, named in Fort Worth Business Press as a "2008 Great Women of Texas" recipient. 4. Center staff reviewed the Colleyville Center's 4th Quarter FY 2008 report. A correction was noted: during the 4th quarter of operation the non-local category represented 52% of all usage instead of the 46% indicated. 5. Karl Komatsu, of Komatsu Architecture, introduced the feasibility study assessments and began discussion on the four scenarios for consideration which were a result of Dr. Terry Glower's broad market assessment evaluation. The scenarios or future opportunities are: a. Refurbishment and enhancement of the existing facility b. Expansion of existing facility by 7,200 square feet c. Addition of afree-standing 200-seat theater d. Addition of an elevated parking garage 6. Representatives from Komatsu and Weinstein, Clower provided an overview of the broad market and financial assessments for the expansion that had been presented to the committee previously. Estimated costs and financial requirements were presented for each scenario. 7. After much discussion and consideration of all options and scenarios presented, the Advisory Committee made a motion, which was unanimously approved to present the feasibility study reports to City Council in January with the following recommendations: a. Consideration of immediate updating and renovation of the Center. Possible phasing in of projects over several years to eliminate long- term closure. b. Consideration of expanding the existing facility by 7,200 square feet as indicated in scenario 2 as a future vision. This expansion would allow for the addition to accommodate amulti-purpose upgraded stage and performance area and expanded seating for 500 with additional meeting room space, restrooms and parking. c. A stand-alone performance theatre does not meet program or site restrictions due to prohibitive parking options which would compromise the aesthetics of the Center grounds. The committee agreed that the theater should be a future consideration at an alternate site. 8. Vice-Chair Louis Miller adjourned the meeting at 8:30 p.m. ~'~' ~~~-~ City of Colleyville 1000 Main Street ~~ ~ Colleyville, Texas 76034 Minutes -Final 817.503.1000 "'"' www.colleyville.com Planning and Zoning Commission Monday, February 9, 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 REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on February 9, 2009 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Scott Redfearn, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Dave Dudziak Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt and Amy Shelley 3. INVOCATION -Commissioner Dudziak The invocation was given by Commissioner Rotthaus. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES -January 26, 2009 Commissioner Redfearn moved to approve the January 26, 2009 meeting minutes with corrections made to clarifying paragraphs two and four on page 2. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Clardy, Rotthaus, Phelps, Byerly Absent: 1 -Dudziak City of Colleyville page ~ Printed on 2/24/2009 Planning and Zoning Commission Minutes -Final February 9, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Request for an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lot 3, Black 1, of the Sunrise Terrace Addition located at 1117 Glade Road, Case ZC09-003 Justin Bass presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:04 p.m. Alan Curlee, the applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned staff regarding if the City Council discussed their reasoning for placing the number two for the number of allowed tenants? Justin Bass replied there being no discussion for the reasoning of the number two for allowed tenants. Commissioner Redfearn questioned Mr. Curlee regarding the number of square feet in the current building and if that building is going to be used for the new offices? Mr. Curlee replied the current building would be demonlished and the new building would contain approximately 5,800 square feet. There being no one wishing to speak, the public hearing was closed at 7:06 p.m. Commissioner Redfearn moved Commissioner Clardy seconded. The motion carried by the following vote: to approve case ZC09-003. Aye: 6 -Knox, Redfearn, Clardy, Rotthaus, Phelps, Byerly Absent: 1 - Dudziak 8. ADJOURNMENT The meeting adjourned at 7:07 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, February 5, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville page y Printed on 2/24J21M9 Planning and Zoning Commission Minutes -Final February 9, 2009 The meeting minutes were approved at the February 23, 2009 meeting. City of Colleyville pays 3 Printed on 2/24/2009 G~~Y o/ COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE ® MEETING MINUTES -February 10, 2009 r~.a CALL TO ORDER The meeting was not called to order. ROLL CALL Present: Odilon Alvarado, Judy Atwood, Debby Abitz Staff Present: Steve Chutchian, Jeremy Hutt, Kathy Moore AGENDA ITEMS The meeting was cancelled due to lack of quorum. Respectfully Submitted, Kathy E. Moore Administrative Assistant Approved on: February 16, 2009 Colleyville Trails and Sidewalks Committee Meeting Minutes -February 10, 2009 RESOLUTION R-09-3075 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MARCH 3, 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