HomeMy WebLinkAboutCity Council-Agenda Packets-12/1/2009City of Colleyville City Hall
`' ~, 100 Main Street
~` ~~~ Colleyville, Texas 76034
` ~ Agenda 817.503.1000
,,.,,,, www.colleyville.com
City Council
Tuesday, December 1, 2009 5:00 PM CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:00 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Discussion of the vision and plans for the City's Parks, Recreation and
Open Space System
PC-2 Discussion of possible amendments to Chapter 7 -Sign Regulations of
the Land Development Code
PC-3 Review and discussion of the City Council Rules of Procedure
PC-4 Discussion of Fire Department Staffing For Adequate Fire and
Emergency Response (SAFER) grant application
PC-5 Discussion of the December 1, 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 - Rischon
Development Corporation v. City of Colleyville
Sec. 551.071 - Legal - Discussion of pending litigation - Barbara
Andrews v. City of Colleyville
Sec. 551.087 - Economic Development - Discuss and deliberate
commercial and financial information received from business prospects
the City seeks to have locate, stay or expand within the City
City of Colleyville Page 1 Printed on 11/20/2009
City Council Agenda December 1, 2009
RESUME REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Neda Moayad, Colleyville Baha'i Community
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-09-3169
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation - In recognition of employees' years of service
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3170
4a Approval of the minutes of the regular City Council meeting of November
17, 2009
4b Approval of an Interlocal Agreement with the City of Grapevine for
maintenance of the reconstructed Pool Road between Hall- Johnson
Road and Ira E. Woods Avenue
5. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
5a 0-09-1739 Approval of amending Ordinance 0-92-880 setting fees and charges for
City facilities, Case GC09-018
6. RESOLUTION(S):
READING AND PUBLIC HEARING
6a R-09-3171 Approval of replacing Resolution R-06-2655 and of the Little Bear Creek
Trail Extension and Cottonbelt Trail Phase III Transportation
Enhancements Funding Assistance Application submittal
City of Colleyville Page 2 Printed on 11/20/2009
City Council Agenda December 1, 2009
6b R-09-3172 Approval of the Traffic Impact Analysis for Covenant Christian Acadamy
located at the corner of Cheek-Sparger Road and Wayne Drive, Case
GC09-019
7. TABLED ITEM(S)
READING AND PUBLIC HEARING
7a 0-09-1733 Approval of a request for a zoning change from AG-Agricultural to
R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1,
Briar Creek Estates Addition located at 406 John McCain Road, Case
ZC09-012
7b 0-09-1738 Approval of a Special Use Permit for a carport on Lot 11, Block 1,
Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
9. REPORTS:
9a Parks and Recreation Advisory Board Minutes -September 14, 2009
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 1,
2009 -Reading and Public Hearing -Resolution R-09-3173
11. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday,
November 20, 2009, b 5:00 p.m.
Cynthia Singleton, TRMC, CMC
City Secretary
Any matter on this agenda may, at the discretion of the governing body, be opened for public
comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 3 Printed on 11/20/2009
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enda Briefin 817.503.1000
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File Number:
File Type: Pre Council
Status: Pre Council
Version: 1
Agenda Date: 12/01/2009
Requester: Parks and Recreation Agenda No.: PC-1
Department
Controlling Body: City Council
Final Action:
File Name: Discussion of the vision and plans for the City's Parks, Recreation and Open Space System
Attachments:
History of Legislative File
Version: Date: Acting Body: Action Text:
12/01/2009 City Council
Title
Discussion of the vision and plans for the City's Parks, Recreation and Open Space System
Explanation
The item allows staff to introduce the planning consultant team from Halff Associates, Inc.,
to the City Council and to learn about the vision and ideas that individual Councilmembers
may have for the City's Parks and Recreation system. The consultant team will facilitate a
discussion to learn what Councilmembers prefer and would like to add to the current parks
system, and what they would like to see for the City's future parks, recreation and open
space system.
City of Colleyville Page 1 Printed on 11/20/2009
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Pre Council Status: Pre Council
Version: 1
Requester: Community
Development
Department
Agenda Date: 12/01/2009
Agenda No.: PC-2
Controlling Body: City Council
Final Action:
File Name: Discussion of possible amendments to Chapter 7 -Sign Regulations fo the Land Development
Code
Attachments: Nine City Temporary Sign Survey Proposed Changes to Chapter 7-Sign Regulations
History of Legislative File
Version: Date: Acting Body: Action Text:
12/01/2009 City Council
Title
Discussion of possible amendments to Chapter 7 - Sign Regulations of the Land
Development Code
Explanation
Based on recent requests and inquiries from Colleyville citizens, businesses and civic
organizations, staff has conducted a review of the temporary sign provisions found in
Chapter 7-Sign Regulations of the Land Development Code. As part of this review, staff
surveyed nine area cities regarding their temporary sign standards. Based on the review,
staff proposes adding the following temporary sign standards as amendments to Chapter
7-Sign Regulations:
- Missing Pet Signs: This proposed addition would allow residents to post up to four signs
within 1,000 feet of their home regarding lost or missing pets. Similar to garage sale signs,
the missing pet signs may not exceed eight square feet in area or four feet in height. Of the
nine cities surveyed, only Frisco has provisions for missing pet signs.
- Non-profit Civic Organizations: Under the temporary community event signs section of
the Land Development Code, currently only the City of Colleyville, the Chamber of
Commerce, public and semi-public schools and religious institutions are allowed to place
temporary signs in the City. Therefore, staff proposes adding a section for non-profit civic
organizations as well. These organizations may include, but not necessarily be limited to,
youth sports associations, community advocacy groups and fraternal organizations. Signs
advertising an event conducted and sponsored by anon-profit civic organization may be
placed on any private property or in the public right-of-way adjacent to the private property
with the approval of the adjacent property owner. Signs placed within the public right-of-way
shall be placed a minimum of five feet from the edge of pavement and may not block
City of Colleyville Page 1 Printed on 11/19/2009
Agenda Briefing Continued
vehicular visibility. No more than five stake signs and two flexible banner signs may be
erected for any one event. These provisions are consistent with the majority of the nine
cities surveyed, with the exception of North Richland Hills, which does not have provisions
for non-profit temporary signs.
Banner signs must be kept in good repair and remain firmly anchored or secured to the face
of the building or may be suspended below the apparent lower edge of an overhanging
covered walkway, provided the banner is firmly secured to the columns supporting the
building. A flexible banner sign may be freestanding and may not exceed 50 square feet
nor exceed 6 feet in height.
Stake signs may not exceed six square feet in area nor exceed four feet in height.
Regarding political signs, temporary business signs and grand opening signs for
businesses, based on the nine city survey, staff feels current sign regulations are adequate
and agrees that no changes are necessary.
Based on City Council discussion of this item, staff may bring these proposed changes
forward for consideration on a future agenda.
City of Colleyville Page 2 Printed on 11/19/2009
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Proposed Amendments to Chapter 7-Sign Regulations
Additions are underlined and deletions contain ~r:4^+r,.^....h~
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No permit for a temporary sign shall be issued nor shall a temporary sign be constructed or displayed unless
said sign is in compliance with the sign classifications and standards contained in this Section and is situated
in a district authorized by Table 7-3. Where a provision exempts certain classifications of temporary signs
from the permit requirement, said temporary signs shall comply with all other provisions for temporary signs.
E. Missing Pet Signs -The purpose of a missing pet sign is for the pet owner to alert the immediate area or
neighborhood where the pet owner resides that a pet is lost or missing.
1. Number of Sions: There shall be no more than four (4) signs allowed per pet owner
2. Location of Signs: Signs may be placed on the private property where the pet owner resides and
within the following street rights-of-wav: Rights-of-wav at street intersections that are located within a
1,000 foot radius of the pet owner's residence. No signs may be placed upon any telephone poles
3. Duration: missing pet sign(s) may be posted for a period of not more than ten days.
4. Illumination: A missing pet sign shall not be illuminated.
5. Permit: No permit or fee shall be reauired for any missing pet sign.
6. Sipn Dimensions and colors: Signs shall be placed on the around and shall not exceed four (4) feet
in height and shall not exceed eight (8) square feet in area. The background and/or primary color of
the sign shall be white.
i .. .-
The purpose of this regulation is to provide temporary advertising for certain community special events
sponsored by public and quasi-public agencies, churches and other religious institutions located within the
corporate limits of the City of Colleyville. Signs shall be allowed in accordance with the following:
A. Qualifying Entities -The following public and semi-public agencies, churches and other religious
institutions located within the corporate limits of the City of Colleyville shall be permitted to have
community special event signs in accordance with the provisions of this section.
1. City of Colleyville: Signs advertising an event conducted and sponsored by the City of Colleyville may
be placed on any private property or in the public right-of-way adjacent to the private property with the
approval of the adjacent property owner. Signs placed within the public right-of-way shall be situated
no closer than five (5) feet from the edge of pavement for any street and shall not block vehicular
visibility.
2. Public and Semi-Public Schools: Signs advertising an event conducted and sponsored by a public or
semi-public school may be placed on property owned by the public or semi-public school or within the
adjacent right-of-way. Signs placed within the public right-of-way adjacent to property owned by the
public or semi-public school shall be situated not more than five (5) feet from the right-of-way line and
shall not block vehicular visibility.
3. Colleyville Area Chamber of Commerce.' Signs advertising the Colleyville Business Expo sponsored
by the Colleyville Area Chamber of Commerce may be placed on any private property or in the public
right-of-way adjacent to the private property with the approval of the adjacent property owner. Signs
Chapter 7 -Sign Regulations Page 7 - 1
placed within the public right-of-way shall be situated not more than five (5) feet from the right-of-way
line and shall not block vehicular visibility.
4. Churches and Other Religious Institutions: Signs advertising an event conducted and sponsored by a
church or other religious institution located within the corporate limits of the City of Colleyville may be
placed only on the premises where the event is located or within the public right-of-way adjacent to
the premises where the event is located. Signs placed within the public right-of--way shall be situated
not more than five (5) feet from the right-of-way line and shall not block vehicular visibility.
5. Non-Profit Civic Organizations Not Listed Above: These may include but not be limited to youth
sports associations. fraternal oraanizations. community betterment and advocacy groups Signs
advertising an event conducted and sponsored by anon-profit civic organization may be placed on
any private property or in the public right-of-way adiacent to the private property with the approval of
the adlacent property owner Signs placed within the public right-of-way shall be situated no closer
than five (5) feet from the edae of pavement for any street and shall not block vehicular visibility No
more than five (5) stake signs and two (2) flexible banner signs as specified below may be erected
for any one event.
B. Types and Maximum Area of Signs Allowed -The following types of community special event signs shall
be allowed, provided the sign does not exceed the maximum area and height established below.
1. Flexible Banner Signs: Banners shall be kept in good repair and remain firmly
anchored or secured to the face of the building or may be suspended below Max. Area
the apparent lower edge of an overhanging covered walkway, provided the 50 s. f.
banner is firmly secured to the columns supporting the building. A flexible io
banner sign may be freestanding. A flexible banner sign shall not exceed
fifty (50) square feet nor exceed six (ti) feet in height.
Flexible Banner Sign
2. Stake Signs: Signs shall not exceed six (ti) square feet in area nor exceed four
(4) feet in height. Max. Area
6 s. f. ~
C. Time Duration -Signs for City of Colleyville sponsored events may be erected for any
length of time. Signs for public and semi-public schools, Colleyville Area Chamber of
Commerce sponsored events and non-profit civic organizations may be erected 14 Community
days prior to the activity and shall be removed not later than the first business day Special Events
after the event. Signs for churches and other religious institutions may be erected Stake Sign
thirty (30) days prior to the event and shall be removed not later than the first
business day after the event.
D. Permit - No permit or permit fee shall be required.
E. Non-Qualifying Entities -Community special events not sponsored by a qualifying entity listed under
section "A" above, may qualify for pole banner signage allowed in this section.
1. Pole Banners: The purpose of a pole banner sign is to provide advertising for a
community event. Pole banners may be erected on utility and other designated
poles within the public right-of-way subject to the following restrictions:
2. Permit: A permit is required from the building permit office and may only issued
to anon-profit organization for the purpose of advertising a function or event to
which the general public is invited in Colleyville. Applications shall be
considered on a first-come, first-served basis.
3. Permit Duration: No permit shall be approved for a period exceeding twenty-
one (21) consecutive days. The pole banners shall be removed on the first
business day after the last day of the event.
4. Commercial Message: A pole banner may only advertise the name and date of
the community event. Any commercial message of a sponsor is limited to
Chapter 7 -Sign Regulations Page 7 - 2
twenty-five percent (25%) of the sign area.
5. Maximum area and height: Thirty-five (35) square feet in area per pole and thirty-five feet (35') from
the ground, provided the banner maintains a minimum of ten feet (10') of clearance between the
bottom of the pole banner and the ground.
7. Location; Pole banners may be installed only on poles identified by the City that include the
appropriate hardware for such installation.
Chapter 7 -Sign Regulations Page 7 - 3
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number:
Version: 1
Requester: Office of the City
Secretary
File Type: Pre Council
Agenda Date: 12/01/2009
Agenda No.: PC-3
File Name: Review and discussion of the City Council Rules of Procedure
Attachments: Proposed changes to the City Council Rules of Procedure
History of Legislative File
Final Action:
Version: Date: Acting Body: Action Text:
12/01/2009 City Council
Title
Review and discussion of the City Council Rules of Procedure
Explanation
This item provides an opportunity for City Council to review and discuss the Rules of
Procedure and identify possible modifications. An item will be placed on a future City
Council regular agenda for consideration of any proposed changes.
The following is a list of proposed amendments:
Section III. Types of Meetings, Section 3.4 Worksession Meetings, second paragraph, first
sentence: replace "Tuesday" with "City Council".
Last sentence, proposed as follows: "The agenda for the Pre Council meeting shall include,
among other items: routine reports, information related to the regular agenda items and
issues for which the City Manager seeks direction or clarification. "
Section V. Agenda, Section 5.1, Preparation of Agenda, C.7: proposed as follows:
Announcements, Proclamations and Presentations
Section VIII. Memorials, Section 8.1, A: proposed as follows: "Recognition of the death of a
current or former City elected official. When the City is notified of the death of a current or
former elected official, flowers or a plant will be sent to the memorial service and a
sympathy card will be sent to the family.
Section VIII. Memorials, Section 8.1: delete B. and C.
Formatting and grammar will be corrected as necessary.
Status: Pre Council
Controlling Body: City Council
City of Colleyville Page 1 Printed on 11/20/2009
Proposed Changes to the City Council Rules of Procedures
CITY OF COLLEYVILLE
CITY COUNCIL
RULES OF PROCEDURES
SECTION I.
AUTHORITY
1.1 Section 3.096 of the Charter of the City of Colleyville provides that "the Council shall
determine its own rules and order of business...". Further, Section 2.01 of the Charter provides
that the "City Council shall have the powers, functions, rights, privileges and immunities of every
name and nature, that are now or hereafter may be granted to a Home Rule City by the
Constitution and State law, together with all implied powers necessary to carry into execution all
such powers granted". In order to provide the framework for the execution of these powers and
authority, the following set of rules shall be in effect upon their adoption by the City Council and
until such times as they are amended or new rules adopted in the manner provided for by these
rules.
SECTION II.
GENERAL RULES
2.1 Meetings to be Public. All meetings of the City Council shall be open to the public, with
the exception of Executive Session.
2.2 City Council. For purposes of these rules, the collective membership of the
Mayor and City Councilmembers shall be known as the City Council. Individually, each
shall be referred to as Mayor or Councilmember.
2.3 Quorum. Four (4) voting members of the City Council shall constitute a quorum.
2.4 Minutes of Meetings. An account of all proceedings of the City Council shall be kept by
the City Secretary and shall be entered in a book constituting the official record of
the City Council. The Official City Council Minutes are action minutes and provide the
action taken by the City Council and a summary of subjects discussed.
2.5 Questions to Contain One Subject. All questions submitted for a vote shall contain
only one subject. If two or more points are involved, any Councilmember may require a
division, if the question reasonably admits of a division. Division shall be required only on
the affirmative vote of three (3) Councilmembers. If no division is so requested and approved, or
the questions do not reasonably admit of a division, the question shall be submitted as originally
framed.
Rules of Procedure
Page 2 of 11
2.6 City Manager. The City Manager shall attend all City Council meetings unless
expressly excused. The City Manager may make recommendations to the City Council and take
part in all discussions of the City Council, but shall have no vote.
2.7 City Attorney. The City Attorney shall attend all regular meetings of the City
Council unless expressly excused and, shall upon request, give an opinion, either written
or oral, on questions of law during the meeting. The City Attorney shall act as the City
Council's Parliamentarian. The City Attorney shall give an opinion, either written or oral,
on questions of law to the City Manager or designated representative, during the
course of daily affairs of the City. The City Attorney may make recommendations to the City
Council and take part in all discussions of the City Council, but shall have no vote.
The City Attorney shall confer and discuss with a Councilmember or the Mayor regarding
a question of law pertaining to the affairs of the City. In such event, the City Attorney shall
advise the City Manager of the question posed and information provided. The City
Manager shall forward the information to the full City Council as soon as reasonably
practical.
2.8 City Secretary. The City Secretary shall attend all meetings of the City Council
unless expressly excused, and shall keep the official minutes and perform such other
duties as may be requested by the City Council.
2.9 Employees. Any employee of the City, when requested by the City Manager,
shall attend any meeting of the City Council and, if requested to do so by the City
Manager, such employee may present information relating to matters before the City
Council. The City Manager will determine the staff spokesperson for providing
information, for a particular agenda item, at the City Council meeting.
2.10 Suspension of Rules. Any provisions of these rules not governed by State law,
the City Charter, or City Code may be temporarily suspended by a majority vote of all
Councilmembers present and eligible to vote.
2.11 Executive Session. All matters discussed in Executive Session, as authorized
by the Texas Open Meetings Act, may be deemed confidential and by law, participants
authorized to attend Executive Sessions are not required to make public disclosure
concerning the matters discussed in Executive Session. It shall be the policy of the City
Council, that the Mayor, individual Councilmembers, the City Manager, City Attorney, City
Secretary and others who are authorized to attend Executive Sessions shall not make
selective disclosure of confidential matters, where the disclosure of the information has
not been released to the general public and/or where such disclosure provides an unfair
advantage to the recipient or would be detrimental to the City and its citizens. For the
opening and closing of an Executive Session, the Mayor shall do such at the location as
noted on the official agenda notice posted in compliance with the Texas Open Meetings
Act. For purposes of regular agenda meeting postings, the opening and closing of an
Executive Session shall be done in the Executive Conference Room of City Hall.
Rules of Procedure
Page 3 of 11
SECTION III.
TYPES OF MEETINGS
3.1 Regular Meetings. The City Council shall meet in the City Hall on the first and
third Tuesday of each month at 5:30 p.m. unless otherwise officially established by the
City Council. The City Council shall take a vote at 12:00 a.m. on whether or not to
continue a meeting for additional time if further items are on the agenda and have not been
considered. The call for and conduct of all meetings of the City Council, both
regular and special as provided in Section 3.2 hereof, shall be in accordance with State
law.
3.2 Special Meetings. Special meetings may be called by the Mayor, any three (3)
Councilmembers or the City Manager. The call for a special meeting shall be
documented and filed with the City Secretary in written form, except that announcement
of a special meeting, during any regular meeting at which all Councilmembers are
present, shall be sufficient notice of such special meeting. The call for a special meeting
shall specify the day and the hour of the special meeting, shall list the subject or subjects
to be considered and a Public Notice shall be posted at least 72 hours before the meeting
is scheduled to begin. In accordance with State law, the notice to the public of an
emergency meeting must be posted at least two hours before the meeting is scheduled to
begin. An emergency meeting exists only if immediate action is required of a
governmental body because of an "imminent threat to public health and safety" or a
"reasonably unforeseeable situation".
3.3 Recessed Meetings. Any meeting of the City Council may be recessed to a
later time provided that no recess shall be for a longer period than until the next regularly
scheduled City Council meeting.
3.4 Worksession Meetings. Worksession meetings may be called by the Mayor, any three (3)
Councilmembers or the City Manager for the purpose of discussing in depth, investigating or
exploring matters of interest to the City, without formal action being taken thereon by the City
Council. The time, place, and purpose of such worksession meeting shall be stated in a notice
complying with the Texas Open Meetings Act. Such worksession meetings may be held in any
appropriate location outside the City Hall upon concurrence by any three (3) Councilmembers or
as determined by the City Manager. Such worksession meetings may include, but shall not be
limited to, meetings with neighboring governmental bodies or agencies, meetings with one of the
City's appointed boards, commissions or committees, meeting with civic organizations or a
meeting for Councilmembers to research, evaluate, explore, investigate or discuss any matter of
interest or possible action affecting the City, subject to compliance with the provisions of the
Texas Open Meetings Act.
The City Council may establish regular worksession meetings immediately prior to regular
Tt~esc~a~ City Council meetings. In conjunction with the regularly scheduled City Council
meeting, a Pre City Council worksession shall be held at 5:30 p.m. unless otherwise officially
established by the City Council. The agenda for the Pre City Council wa~sese~o~- meeting
shall include, among other items: routine reports, information related to the regular agenda
Rules of Procedure
Page 4 of 11
items and issues for which the City Manager seeks direction or clarification.
~*omc ~nhorJi ilo~ $nr 4ho ~noni-1~+ ~$ }¢~prJ~ $~r ~h~+ o~~oninn
No official action shall be taken at any worksession meeting, unless a regular or special
meeting is called as provided for in these Rules.
SECTION IV.
CONDUCT OF MEETINGS
4.1 Presiding Officer. The Mayor, if present, shall preside at all meetings of the City
Council. In the absence of the Mayor, the Mayor Pro Tem shall preside. In the absence
of both Mayor and Mayor Pro Tem, the City Council shall elect a Councilmember to
preside.
4.2 Call to Order. The meetings of the City Council shall be called to order by the Mayor, or in
the Mayor's absence, by the Mayor Pro Tem. In the absence of both the Mayor and Mayor Pro
Tem, the meeting shall be called to order by the City Secretary.
4.3 Preservation of Order. The Mayor shall preserve order and decorum, prevent
clash of personalities or the impugning of Councilmembers' motives to occur and confine
Councilmembers in debate to the question under discussion.
4.4 Points of Order. The Mayor shall determine all points of order, subject to the
right of any Councilmember to appeal to the City Council. If any appeal is taken, the
question shall be "Shall the decision of the Mayor be sustained?"
4.5 Questions to be Stated. The Mayor shall state all questions submitted for a vote
and announce the result.
4.6 Substitution for Mayor. The Mayor may call the Mayor Pro Tem, or in the Mayor Pro
Tem's absence, any other Councilmember to take the Mayor's place in the chair, such
substitutions not to continue beyond adjournment.
4.7 Amendment to the Minutes. Amendments to the Minutes are made by a motion
during the item to consider approval of the minutes. The Minutes are action minutes and
provide the action taken by City Council and a summary of subjects discussed. If a
Councilmember desires that certain information be included in the minutes, the
Councilmember shall state prior to the information, "For the record". If it is a lengthy statement,
a written copy shall be provided to the City Secretary.
4.8 Written Correspondence. A citizen's request in the reading of a statement into the public
record as part of a City Council agenda item is at the sole discretion of any member or all
of the governing body. The City Council is not obligated to provide for a reading of
correspondence into the public record on behalf of an absent individual as part of a City
Council public hearing. The City Council, any or all Councilmembers, may elect to
Rules of Procedure
Page 5 of 11
provide for a reading of the correspondence, make reference indicating the general
position of the correspondence, or pass over the correspondence. The correspondence
is provided to City Council and is included in the City Council agenda packet.
SECTION V.
AGENDA
5.1 Preparation of Agenda.
A. The order of business of each meeting shall be as contained in the City Council agenda
prepared by the City Manager. The agenda shall be a listing by topic of subjects to be
considered by the City Council, and, in the case of regular meetings, shall be delivered to
the City Council not less than 72 hours proceeding the Tuesday evening meeting to
which it pertains.
B. Any member of the City Council desiring to present a subject for City Council
consideration shall advise in writing to the City Manager of the fact not later than 4:30
p.m. on Wednesday preceding regular City Council meetings. Subject matter will be
accompanied by a summary regarding the purpose for the inclusion of this subject on the
agenda.
C. Items Omitted from Agenda. Any item not appearing on the agenda shall not be taken up
for discussion as a matter of City Council business during a regular meeting unless it is of
an emergency nature and comes to the City's attention too late to appear on the agenda.
Such special, urgent or emergency issues shall be posted in compliance with the Texas
Open Meeting's Act and the City Charter and may be added as a supplemental item to
the regular agenda.
The regular agenda items shall be considered in the following order:
1. Pre Council - 5:30 p.m. -Executive Conference Room
2. Executive Session - 5:30 p.m. -Executive Conference Room
3. Call to Order - 7:30 p.m. -Council Chambers
4. Invocation
5. Pledge of Allegiance
6. Resolution or Ordinance taking action on Executive Session items
7. ,
~~#€~~+a-le--gad-Announcements, Proclamations and Presentations
8. Consent Items
9. Public Hearings
10. Citizen Comments/Presentations regarding items not on the agenda
11. Staff Reports
12. Reports of Advisory Boards, Commissions and Committees (to include written
monthly status reports on all currently operating project/development committees)
13. Resolution Approving City Council Action not otherwise approved
14. Adjournment
Rules of Procedure
Page 6 of 11
D. The general order of a Public Hearing shall be:
a. Staff presentation -five minutes
b. Open Public Hearing
c. Applicant introductory presentation -five minutes
d. Citizen comments -five minutes each (Large groups supporting the
same position may be asked to select a representative to speak for the
group)
e. Applicant presentation -ten minutes
f. Close Public Hearing
g. City Council discussion and vote
h. In the alternative, the item may be continued to a future meeting of the
City Council:
1. If the City Council wishes to consider additional public testimony, the
public hearing shall be reopened and the public hearing and item
shall be continued to a date certain.
2. If the Public Hearing is not open and continued to a date certain, the
City Council may only conduct an additional public hearing upon
publication of notice in accordance with Chapter 211 of the Local
Government Code.
E. The City Manager shall provide the City Council with a written analysis of and
recommendation of items to be acted on by the City Council at its meetings. These
communications shall be generally referred to as agenda packets. The agenda packets
for all regular meetings shall be delivered to the City Council by the Friday preceding the
Tuesday regular meeting to which it pertains, unless an emergency condition makes it
necessary to deliver the communication on a subsequent day.
F. The City Secretary shall post notices of all City Council meetings in order to afford
compliance with the Texas Open Meetings Act.
5.2 Consent Agenda. In preparing the agenda, the City Manager shall give consideration to
the number and degree of complexity of items to be considered by the City Council for the
purpose of conserving the City Council's time in meetings. Items which are anticipated to be
routine and require little or no discussion by the City Council shall be listed under the agenda
category styled "Consent Items". Prior to taking up the Consent Agenda, the Mayor shall
determine if there are any items thereon which should be removed from the Consent Agenda for
discussion. Any Councilmember may, upon request, remove any item from the Consent Agenda
for discussion and separate action. Thereafter, all remaining Consent Agenda items may be
acted upon by a single motion approving the Consent Agenda. Items removed from the Consent
Agenda shall be considered on the ending Resolution, which is for action not otherwise
approved.
Rules of Procedure
Page 7 of 11
5.3 Oral Presentations by City Manager. Matters requiring the City Council's attention or
action which may have developed since the deadline for delivery of the agenda packets may,
upon approval of the City Council, and after satisfying the requirements of the Texas Open
Meetings Act, be presented orally by the City Manager, or designated staff.
5.4 Citizen Participation at Meetings.
A. Presentations by citizens must be confined to the agenda item being considered and any
questions will be directed to the Mayor. Citizens wishing to speak shall be allowed to
speak, provided prior to the consideration of the item, said person completes and delivers
to the City Secretary a Speaker's Card providing name, address and topic. A person who
has not completed the Speaker's Card prior to discussion of the item on the agenda shall
not be allowed to speak. Presentation by citizens shall be limited to a time period of not
more than five (5) minutes with two (2) additional minutes to conclude, at the option of the
Mayor or the consent of the City Council, for each speaker. Any time spent by the City
Council will not be counted against the citizen's time allotment. No person shall speak
more than the time limits provided herein on any subject. That privilege shall not be
accorded unless there is an exception supported by a majority of those eligible to vote.
The Mayor shall not be obligated to recognize a speaker for a second comment on a
subject until all others have spoken and there is unused time available.
B. Following a request by a Councilmember, the Mayor may request that the City Council
suspend the rules to allow citizens to speak after the public hearing has been closed.
C. To maintain decorum, the Mayor shall recognize persons who have completed speaker
cards indicating a desire to address the City Council.
D. As a general rule, citizens may not participate in discussions of the City Council except
when recognized by the Mayor and during citizen presentations, public hearings and as
otherwise provided for in these Rules.
E. Citizens may speak on items not on the agenda under the item "Citizen
Comments/Presentations Regarding Items Not On The Agenda". The presentation time
period is as listed herein Section 5.4 A.
SECTION VI.
DECORUM AND DEBATE
6.1 Decorum and Debate.
A. When a measure is presented for consideration to the City Council, the Mayor
shall recognize the appropriate Councilmember to present the case, as needed. When
two or more Councilmembers wish to speak, the presiding officer shall name the
Councilmember who is to speak first. No member of the City Council shall interrupt
another while speaking except to make a point of order or to make a point of personal
Rules of Procedure
Page 8 of 11
privilege. No Councilmember shall speak more than five (5) minutes on any amendment
to the question except as further provided in this section.
B. No Councilmember shall speak more than the time limits provided herein on any
subject or amendment, and such Councilmember may use his/her time in any
combination, in separate speech or comments totaling the number of minutes permitted.
The Mayor shall not be obligated to recognize any Councilmember for a second comment
on the subject or amendment until every Councilmember wishing to speak has been
allowed a first comment. Councilmembers shall also have the right to yield a portion of
time to another Councilmember.
C. Any Councilmember deciding to speak more than ten (10) minutes on any
question or more than five (5) minutes on any amendment to the questions shall be
accorded the privilege unless there is an objection supported by a majority of those
eligible to vote of the City Council.
D. Questions from speakers to the City Council with request for an immediate answer,
except the applicants and persons representing applicants on platting or zoning cases,
shall be prohibited. A Councilmember's questions to speakers should be to specific
individuals and the Mayor should explain to those individuals beforehand that they may
come to the podium and answer if they choose to; but, they cannot offer additional
unsolicited input or engage in question and answer sessions with Councilmembers.
E. Any Councilmember desiring to speak shall be recognized by the Mayor, and
shall confine remarks to the subject under discussion or to be discussed. No
Councilmember shall be allowed to speak more than once on any one subject until every
Councilmember wishing to speak shall have spoken.
F. No Councilmember shall be permitted to indulge in personalities, use language
personally offensive, impugn motives of Councilmembers, charge deliberate
misrepresentation, or use language tending to hold a member of the City Council, the
public or City staff up to contempt.
G. The Mayor shall not permit unrecognized speaker's comments or allow a member
of the audience to indulge in personalities, use language tending to hold the City Council,
the public or City staff up to contempt.
H. If a Councilmember is speaking or otherwise transgressing the rules of the City
Council, the Mayor shall or any Councilmember may call him/her to order in which case
he/she shall immediately be quiet unless permitted to explain. The City Council shall, if
appealed to, decide the case without debate. If the decision is in favor of the
Councilmember called to order, he/she shall be at liberty to proceed, but not otherwise,
and if the case occurs, he/she shall be liable to censure or such punishment as the City
Council deems proper, consistent with City Ordinances, Resolutions and Charter.
I. Any individual of the public who shall disrupt the City Council proceedings or
disregard the Mayor shall first be warned of such offense and be requested that they
refrain from disrupting the proceedings and/or disregarding the instructions of the Mayor.
Rules of Procedure
Page 9 of 11
Any individual of the public failing to honor the first warning of the Mayor for order, shall
receive a second and final warning prior to expulsion and/or citation for disturbing a
public meeting pursuant to State law. When the Mayor fails to maintain order and
decorum, the Councilmembers may compel the Mayor to enforce this provision following
due parliamentary procedure, which affirms such compulsion by a majority vote of the
City Council.
SECTION VII.
PROCEDURES FOR CITY COUNCIL APPOINTMENTS
7.1 Procedures for City Council Appointments. The following procedures are for making
appointments to boards, committees and commissions established by ordinance or resolution.
Appointments to ad hoc committees and task forces established by resolution should not
necessarily be bound by the same procedures, but may be done in a manner appropriate to the
situation as deemed proper by the City Council. The City Council shall set the quorum for a
committee. The City Council shall vote whether the committee selection will be handled by the
rules of procedures or by slate.
A. Announce the position(s) to be filled. In the announcement, define the duties of the
position(s), define the term of the position and request that applications be formally
submitted to the City Council by a specific deadline. This announcement should be made
at least 30 days prior to the deadline for submission of applications and should be placed
in the local newspaper, posted at City Hall, on the website and placed in the Colleyville
Communicator (if timely).
B. Upon review of the Applications for Appointment, City Council will determine if interviews
shall be conducted. If Council desires, interviews will be conducted prior to a City
Council meeting, which may be subject to the Texas Open Meetings Act or be conducted
in Executive Session. If no applications are received or fewer applications than open
positions, the City Council may fill positions from the floor or request the City Secretary to
advertise the open position(s). In the event of a vacancy other than an expiring term, the
City Council may fill the position by a majority vote of the City Council without advertising.
The appointee shall serve the unexpired term.
C. The candidates will be selected to fill the open positions no later than the second
City Council meeting after the deadline for application submission, in the following
manner:
a. If more than one position is to be filled, consider the appointment for
each position individually in the order selected by the Mayor, as follows:
b. The Mayor shall open the floor for nominations and if there are no
nominations, the Mayor will call on each Councilmember for a
nomination.
c. Councilmembers or the Mayor may decline to make a nomination if
previous nominations are acceptable.
Rules of Procedure
Page 10 of 11
d. After each Councilmember has had an opportunity to make a
nomination or defer to make a nomination, the Mayor will take a vote on
the slate of nominees by asking each Councilmember to state the name
of the nominee that the Councilmember votes to appoint to the position
under consideration.
e. Return to Step b and repeat the process for the next position to be filled
until all positions are filled.
SECTION VIII.
MEMORIALS
8.1 Memorials. The following procedures are for honoring deceased current or former City
elected officials, deceased sitting board, commission or committee members, Colleyville
Firefighters or Police Officers who die while in service with the City and other firefighters
or police officers employed by other cities.
Recognition of the death of a current or former City elected official. When the City is
notified of the death of a current or former elected official, flowers or a plant will be sent
to the memorial service and a sympathy card will be sent to the family. th° nffi^° of
r~nr+.++inn ~~iill h° r+ r°con+°r+ +n +h° f~ mihi of +h° r•°nooccrl
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nno w° ch nrinr +n +h° rl~+o of +h° f~ ~ncr~l
i~rnr_~ (`n~ ~r~nil (`h mhos ~p r~Tn,T~+ hl~+i+L rihhnn h.~nn°r~.iill._hpo ~~Jrderr +n +h°
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D. At no time, will City equipment be used for the transport of a casket or in a funeral
procession for elected or appointed officials.
E. Recognition of the death of a sitting board, commission or committee member.
When the City is notified of the death of a sitting board, commission or committee
member, the Office of the City Manager will forward a sympathy card to the family. If the
Rules of Procedure
Page 11 of 11
deceased was sitting on a board or commission, which regularly meets in the
Council Chambers, a dais seat will be draped in black ribbon for not more than one
week prior to the date of the funeral.
8.2 Recognition by lowering of the United States Flag. The City is not at liberty to
proclaim the Flag of the United States be flown at half-staff in recognition of a City
official. Per the United States Code, only the President of the United States or the State
Governor can order the flag lowered to half-staff.
Consistent with federal code, the City shall lower the Flag of the United States in honor
of a Colleyville Firefighter or Police Officer who dies while in service with the City. The
Colleyville City Manager, consistent with federal code, may lower the Flag of the United
States for other firefighters or police officers employed by other cities.
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Pre Council Status: Pre Council
Version: 1
Agenda Date: 12/01/2009
Controlling Body: City Council
Requester: Fire Department
Agenda No.: PC-4
Final Action:
File Name: Discussion of Fire Department Staffing For Adequate Fire and Emergency Response (SAFER)
grant application
Attachments:
History of Legislative File
Version: Date: Acting Body: Action Text:
12/01/2009 City Council
Title
Discussion of Fire Department Staffing For Adequate Fire and Emergency Response
(SAFER) grant application
Explanation
The Fire Department is in the process of applying for a Staffing For Adequate Fire and
Emergency Response (SAFER) grant offered through the Department of Homeland Security
and Federal Emergency Management Agency (FEMA). A total of $210 million was
appropriated to this program for Fiscal Year 2010. The grant application period is open
from November 16, 2009 to December 18, 2009. The grant provides $110,000 total for
each approved firefighter position over the grant performance period of five years. The
funds are distributed up front and the City is responsible for maintaining the positions for a
minimum of five years.
The Colleyville Fire Department recommends application for funding of two firefighters
through this program. If awarded, the grant will provide $220,000. Currently, the annual
cost of salary and benefits for one firefighter is approximately $80,000. This grant would
provide enough funding to cover approximately 16 months of salary and benefits for each
firefighter position. In conjunction with the department's current staffing plan, this grant
would allow the Fire Department to increase shift staffing to 11 on all three shifts, making it
possible to place the fire apparatus at the Central Fire Station in service at all times with two
personnel.
It is anticipated the grant would serve to bridge the gap between the grant funding date and
the current planned addition of these personnel in mid Fiscal Year 2012. Successful grant
applications are expected to begin receiving approval in the late spring/early summer of
2010 and continue awarding weekly into the late fall/early winter of 2010. Should a grant
award occur prior to June, 2010, additional City funding of approximately $27,000 will be a
necessary expenditure in the Fiscal Year 2012 budget. If awarded, the City would have a
City of Colleyville Page 1 Printed on 11/20/2009
Agenda Briefing Continued
period of 90 days before hiring efforts must begin and a maximum of 180 days before the
new employees must be in place. The hiring grace period coupled with the long grant
award process creates a viable funding opportunity for the City.
City of Colleyville Page 2 Printed on 11/20/2009
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Pre Council Status: Pre Council
Version: 1 Agenda Date: 12/01/2009 Controlling Body: City Council
Requester: Office of the City Agenda No.: PC-5 Final Action:
Secretary
File Name: Discussion of the December 1, 2009 regular agenda items
Attachments:
History of Legislative File
Version: Date: Acting Body: Action Text:
1 12/01/2009 City Council
Title
Discussion of the December 1, 2009 regular agenda items
City of Colleyville Page 1 Printed on 11/19/2009
- ~ City Hall
City of Colleyville 100 Main Street
' ~`~~~ ~~~`'{~ Colleyville, Texas 76034
~.~_y. ,
~~~~~~ Agenda Briefing 817.503.1000
vvww.colleyville.com
File Number:
File Type: Executive Session
Status: Executive Session
Version: 1 Agenda Date: 12/01/2009
Requester: Office of the City Agenda No.: 1
Secretary
File Name: Executive Session -Legal -December 1, 2009
Attachments:
History of Legislative File
Controlling Body: City Council
Final Action:
Version: Date: Acting Body: Action Text:
1 12/01/2009 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 - Rischon Development Corporation
v. City of Colleyville
Sec. 551.071 - Legal -Discussion of pending litigation -Barbara Andrews v. City of
Colleyville
Sec. 551.087 -Economic Development -Discuss and deliberate commercial and financial
information received from business prospects the City seeks to have locate, stay or expand
within the City
City of Colleyville Page 1 Printed on 11/16/2009
RESOLUTION R-09-3169
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF
DECEMBER 1, 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 AYES,
ON THIS THE DAY OF
NAYS AND ABSTENTIONS
2009.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
`'_~ City Hall
City of Colleyville 100 Main Street
`~,.~~
Colleyville, Texas 76034
~~~~- Agenda Briefing 817.503.1000
www.colleyville.com
File Number: File Type: Announcements and Status: Announcements
Presentations and Presentations
Version: 1 Agenda Date: 12/01/2009 Controlling Body: City Council
Requester: Office of the City Agenda No.: 3 Final Action:
Secretary
File Name: Announcements and Presentations -December 1, 2009
Attachments: Employee Years of Service -First Quarter Fiscal Year 2010
History of Legislative File
Version: Date: Acting Body: Action Text:
1 12/01/2009 City Council
Title
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation - In recognition of employees' years of service
City of Colleyville Page 1 Printed on 11/18/2009
City of Colleyville Employee Recognition
Fiscal Year 2010 First Quarter
Years of Service -October -December 2009
20 Years
JEFF WHEELER
Police Department
15 YEARS
JEFF INGRAM
Fire Department
DOROTHY POSEY
Human Resources
10 Years
NICK GUSHING
Fire Department
ROY FERGASON
Fire Department
TIM FOLDEN
Fire Department
SCOTT GILL
Fire Department
HEATH HODNETT
Fire Department
KENNY LAMAR, II
Fire Department
JEREMY H. LEWIS
Fire Department
EDDIE MORAN
Fire Department
5 YEARS
CHAD BEASLEY
Fire Department
ERICA GILL
Library
TOMMY INGRAM
Police Department
CHRIS MCCORD
Parks Department
AMY SHELLEY
Planning and Zoning
ROBERT STEWART
Fire Department
1 YEAR
CHARLES HARPER
Fire Department
JOSHUA JOHNSON
Police Department
JARED MORGAN
Public Works
JUSTIN PEWA
Parks Department
ROBERT SHELAR
Public Works
AMY WILSON
Parks Department
RESOLUTION R-09-3170
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR CITY
COUNCIL MEETING OF DECEMBER 1, 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 November
17, 2009
b. Approval of an Interlocal Agreement with the City of Grapevine for
maintenance of the reconstructed Pool Road between Hall-Johnson Road
and Ira E. Woods Avenue
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS
ON THIS THE DAY OF 2009.
ATTEST: CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
,- ',~~ City of Colleyville
~'~ ~ City Council Minutes -Draft
r.~:;
City Council
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, November 17, 2009
CITY COUNCIL CHAMBERS
The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on November 17, 2009, at 5:36 p.m.
Mayor Kelly introduced and welcomed Mayor for a Day Bennett
Deshotels.
ROLL CALL: Councilmembers Stan Hall, Tom Hart, Mike Taylor and
Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City
Manager Jennifer Fadden, Assistant City Manager Kelly Cooper,
Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell
Shelley, Public Works Director Steve Chutchian, Finance Director
Terry Leake, Accountant Karen Hines, Interim Community
Development Director Ron Ruthven, Community Development
Intern Sarah Coplen, Economic Development Director Marty Wieder,
Colleyville Center Manager Lin Przybyl, Library Director Mary
Rodne, Marketing and Communications Director Mona Gandy,
Parks and Recreation Director Monica Walsh, Human Resources
Manager Elise Welborn, Management Assistant Christine Loven,
Network Administrator Chris Pena, City Attorney Matthew Boyle and
City Secretary Cynthia Singleton were also present.
Councilmember Carol Wollin was absent
PC-1 Update on the Colleyville Center Renovation Project
Colleyville Center Manager Lin Przybyl provided a summary of the scope
of enhancements and renovation, the architectural design plan,
preliminary timeline and funding sources for the Colleyville Center
renovation project and answered questions of the City Council.
PC-2 Discussion of grant opportunities for hike and bike trails through the
Texas Department of Transportation's (TxDOT) Transportation
Enhancement Program
Parks and Recreation Director Monica Walsh provided an overview of
the Texas Department of Transportation (TxDOT) Transportation
Enhancement Program funding assistance applications and stated the
City of Colleyville Page 1 Printed on 11/20/2009
City Council City Council Minutes -Draft November 17, 2009
City is requesting grant funding for the Little Bear Creek Trail Extension
and the Cottonbelt Trail Phase III, with 80% of eligible costs reimbursed
with federal funds.
There was general discussion regarding the grant funding criteria and
funding sources for the City's matching funds.
City Council determined that staff should proceed with the application
process.
PC-3 Update on the Colleyville Public Library second floor expansion project
Libary Director Mary Rodne presented an update of the Colleyville Public
Library second floor expansion project, the preliminary timeline and
answered questions of the City Council.
PC-4 Presentation of the Monthly Financial Report -October 2009
Finance Director Terry Leake introduced Senior Accountant Karen
Hines, who presented the October Monthly Financial Report.
Ms. Leake stated future Monthly Financial Reports will focus on revenue
performance as compared to budgeted revenues.
Senior Accountant Karen Hines presented the October Monthly Financial
Report.
There was general discussion regarding projections and revenues.
PC-5 Presentation of the Quarterly Investment Report
Finance Director Terry Leake presented the Quarterly Investment Report
and answered questions of the City Council.
PC-6 Presentation and discussion of strategic plan goals and objectives
City Manager Jennifer Fadden presented the strategic points and
objectives that were developed from the SWOT analysis conducted with
City Council and staff in September. The five strategic points, which will
be the City's area of focus going forward, are: make a long-term
commitment to economic development; foster a more diversified tax
base; protect and preserve the City's neighborhoods; deliver sustainable
government and brand Colleyville with a unique identity. City Manager
Fadden spoke regarding the timeline for implementation and measurable
standards and answered questions of the City Council.
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City Council City Council Minutes -Draft November 17, 2009
There was general discussion regarding the execution, stability,
consistency and measurable standards of a strategic plan.
City Manager Jennifer Fadden stated the strategic management system,
with the strategic points and objectives, will be implemented in Fiscal
Year 2011.
PC-7 Discussion of the November 17, 2009 regular agenda items
Interim Community Development Director Ron Ruthven provided
information from the applicant, related to Item 6c, and the proposed
requirement for 50% of buildings with frontage along SH26 to include
uses eligible for retail sales.
Economic Development Director Marty Wieder provided information
regarding the applicant's development plan for the property.
There being no further discussion, Mayor Kelly adjourned the Pre
Council meeting at 7:08 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on November 17, 2009, at 7:41 p.m.
ROLL CALL: Councilmembers Stan Hall, Tom Hart, Mike Taylor and
Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City
Manager Jennifer Fadden, Assistant City Manager Kelly Cooper,
Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell
Shelley, Public Works Director Steve Chutchian, Finance Director
Terry Leake, Accountant Karen Hines, Interim Community
Development Director Ron Ruthven, Community Development
Intern Sarah Coplen, Economic Development Director Marty Wieder,
Colleyville Center Manager Lin Przybyl, Library Director Mary
Rodne, Marketing and Communications Director Mona Gandy,
Parks and Recreation Director Monica Walsh, Human Resources
Manager Elise Welborn, Management Assistant Christine Loven,
Network Administrator Chris Pena, City Attorney Matthew Boyle and
City Secretary Cynthia Singleton were also present.
Councilmember Carol Wollin was absent
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -Legal -Consultation with attorney on legal issues raised
by public hearing or action items on the agenda
Cify of Colleyville Page 3 Printed on 11/20/2009
City Council City Council Minutes -Draft November 17, 2009
Sec. 551.071 - Legal - Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
2.
3.
4.
5.
5a
Approval of the minutes of the regular City Council meeting of November
4, 2009
Sec. 551.071 - Legal - Discussion of pending litigation - Barbara
Andrews v. City of Colleyville
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 7:08 p.m. and reconvened at 7:35 p.m.
INVOCATION: Pastor Lee Johnson, Bear Valley Community Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
OATH OF OFFICE -MAYOR FOR A DAY
City Secretary Cynthia Singleton administered the Oath of Office to
Mayor for a Day Bennett Deshotels.
EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-09-3164
This resolution was not needed.
ANNOUNCEMENTS AND PRESENTATIONS
Mayor Kelly outlined the criteria for becoming Mayor for a Day, the duties
of the position and introduced Mayor for a Day Bennett Deshotels.
Mayor Kelly presented a Proclamation and City of Colleyville mementos
to Mayor for a Day Bennet Deshotels.
Mayor for a Day Bennett Deshotels presented a Proclamation in
recognition of Colleyville Middle School to fellow classmates.
CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3165
City of Colleyville Page 4 Printed on 11/20/2009
City Council City Council Minutes -Draft November 17, 2009
5b Approval of the minutes of the Joint City Council and Planning and
Zoning Commission Worksession of October 27, 2009
5c Approval to purchase an Elgin Geo Vac street sweeper through the
BuyBoard Local Government Cooperative Purchasing program, in the
amount of $197,527, funded through the Colleyville Tomorrow Fund, and
authorizing the City Manager to execute the contract
5d Approval of a Professional Services Agreement with GSBS Architects, in
an amount not to exceed $31,000, funded through the Colleyville
Tomorrow Fund for the Public Works Service Center Study, and
authorizing the City Manager to execute the agreement
5e Approval of a contract for architectural design services with LBL
Architects, Inc. for the Colleyville Center renovation project, in an amount
not to exceed $72,000, and authorizing the City Manager to execute the
contract
5f Approval to enter into a Interlocal Agreement with the cities of Bedford,
Euless, Keller, Southlake, Grapevine; all members of the Northeast
Trunked Radio System (NETCO) consortium, and the City of Arlington,
under authority of the Texas Interlocal Cooperation Act, Chapter 791 of
the Texas Government Code, to seek federal grant-funding as a
consortium to replace existing public safety radio systems; and to enter
into a contract with Holland and Knight LLP, a funding consultant, on
behalf of NETCO in the amount of $96,000, and authorizing the City
Manager to execute the agreement
5g Approval to purchase four Dodge police vehicles from McKinney Dodge,
through a Cooperative Purchasing Program with the State of Texas, in
an amount not to exceed $83,015, and related equipment to outfit the
vehicles from Professional Safety Systems, in an amount not to exceed
$51,735, and authorizing the City Manager to execute the documents
Mayor for a Day Deshotels read Resolution R-09-3165 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Councilmember Hall moved to approve Resolution R-09-3165.
Councilmember Muhm seconded the motion.
City of Colleyville Page 5 Printed on 11/20/2009
City Council City Council Minutes -Draft November 17, 2009
The motion carried by the following vote:
Aye: 6 -David Kelly, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Absent: 1 -Carol Wollin
6. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
6a 0-09-1733 Approval of a request for a zoning change from AG-Agricultural to
R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1,
Briar Creek Estates Addition located at 406 John McCain Road, Case
ZC09-012
Mayor Kelly moved to continue Ordinance 0-09-1733 to the Dececmber
1, 2009, City Council meeting.
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Absent: 1 -Carol Wollin
6b 0-09-1735 Approval of an ordinance creating and establishing a Municipal Court of
Record
Mayor for a Day Deshotels read the caption of Ordinance 0-09-1735.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Councilmember Ayers moved to approve Ordinance 0-09-1735.
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Absent: 1 -Carol Wollin
City of Colleyville Page 6 Printed on 11/20/2009
City Council City Council Minutes -Draft November 17, 2009
6c 0-09-1736 Approval of an amendment to the PUDC-Planned Unit Development
Commercial zoning and development requirements on Lots 1, 2R, 3R
and 5R of the Winding Creek Addition located in the 6400 and 6500
block of Colleyville Boulevard, Case ZC09-008
Mayor for a Day Deshotels read the caption of Ordinance 0-09-1736.
Interim Economic Development Director Ron Ruthven stated, based on
City Council discussion during the November 4, 2009 City Council
meeting, staff recommends amending the ordinance to include the
following stipulations for all buildings with frontage along SH26: 50% of
the air-conditioned area of the ground floor shall contain uses that are
eligible for retail sales and all buildings with frontage along SH26 are
exempt from the building elevation requirements provided in the
proposed ordinance and, instead, be required to have a minimum design
score of 30 as described in the Land Development Code.
Mayor Kelly opened the public hearing.
Mr. Lanny Wilkinson, 3724 Lake Ridge Drive, Grapevine, Texas, spoke
regarding the history of the property, current zoning and the proposed
requirement for buildings with frontage on SH26 to include 50% retail
development.
There were no others present wishing to speak and Mayor Kelly closed
the public hearing.
Mayor Kelly stated that the proposed changes made were with the
approval of the applicant's representative.
City Attorney Matthew Boyle stated the City Council generally has full
discretion to revise the scope of the site plan and the conditions in the
zoning ordinance at the first or second reading.
There was general discussion regarding the future development
opportunities of the property, parking requirements and feasibility of retail
and office development.
Mayor Pro Tem Ayers moved to approve Ordinance 0-09-1736, with
deletion of Section 5. 3a.3.
Councilmember Muhm seconded the motion.
Discussion ensued regarding the need for retail development and
daytime traffic as a result of office space development.
City of Colleyville Page 7 Printed on 11/20/2009
City Council City Council Minutes -Draft November 17, 2009
The motion carried by the following vote:
Aye: 6 -David Kelly, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Absent: 1 -Carol Wollin
6d 0-09-1737 Approval of a request for a Special Use Permit for a water pumping
station on Lot 1, Block 1 of the Colleyville West Pump Station Addition
located at 4602 Bransford Road, Case ZC09-014
Mayor for a Day Deshotels read the caption of Ordinance 0-09-1737.
Mayor Kelly opened the public hearing.
Mr. Ron Tamada, Trinity River Authority representative, was present to
answer questions of the City Council.
There were no others present wishing to speak and Mayor Kelly closed
the public hearing.
Mayor Pro Tem Ayers moved to approve Ordinance 0-09-1737.
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Absent: 1 -Carol Wollin
6e 0-09-1738 Approval of a Special Use Permit for a carport on Lot 11, Block 1,
Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013
Mayor Kelly moved to continue Ordinance 0-09-1738 to the December
1, 2009 City Council meeting.
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Absent: 1 -Carol Wollin
City of Colleyville Page 8 Printed on 11/20/2009
City Council City Council Minutes -Draft November 17, 2009
This item is being continued to the December 1, 2009 City Council
meeting and the public hearing was not opened. Three speaker cards
were received as follows:
Mr. James Kniese, 6512 Ponderosa Lane, registered opposition to the
proposed ordinance but did not wish to speak.
Ms. Kay Hanzelka, 6508 Kingston, registered opposition to the proposed
ordinance but did not wish to speak.
Mr. Jeff Byerly, 7109 Byerly, intended to speak during the public hearing,
in opposition to the proposed ordinance.
7. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
7a 0-09-1739 Approval of amending Ordinance 0-92-880 setting fees and charges for
City facilities, Case GC09-018
Mayor for a Day Deshotels read the caption of Ordinance 0-09-1739.
Interim Community Development Director Ron Ruthven reviewed the
proposed fee increases.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
8. RESOLUTION(S):
READING AND PUBLIC HEARING
8a R-09-3166 Approval to pass through a water and sewer rate increase received by
the City of Colleyville from the Trinity River Authority
Mayor for a Day Deshotels read Resolution R-09-3166 in its entirety.
Finance Director Terry Leake provided information regarding the history
of the Trinity River Authority (TRA) and the City's water and sewer rates
and TRA's increased rates for water and sewer service. Ms. Leake
stated that due to the TRA increases, the current water and sewer rates
do not meet the required debt coverage ratio of 1.20 or the debt
coverage ratio needed for the recently approved Capital Improvement
Program (CIP). For FY 2010, the projected debt coverage ratio is .49
and does not meet the 1.20 debt coverage ratio required by the bond
covenants. When the debt coverage ratio is not met, the rating agencies
City of Colleyville Page 9 Printed on 11/20/2009
City Council City Council Minutes -Draft November 17, 2009
can downgrade the ratings on existing revenue bonds and future bonds
cannot be sold until the coverage ratio is met. In order to meet the
required debt coverage ratio, a water rate adjustment of $0.25 per
thousand and a sewer rate adjustment of $0.15 per thousand is needed.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak regarding this item and
Mayor Kelly closed the public hearing.
Mayor Kelly stated the proposed rates are direct pass through rate
increases for water and sewer by TRA and spoke regarding possible
future rate increases due to population growth and demand.
Councilmember Muhm requested staff obtain information from TRA
regarding potential future increases.
Councilmember Taylor requested that the rate increase information be
included in the Colleyville Communicator.
Mayor Kelly moved to approve Resolution R-09-3166.
Councilmember Muhm seconded the motion.
The motion carried by the following vote:
Aye: 6 -David Kelly, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Absent: 1 -Carol Wollin
8b R-09-3167 A resolution casting votes for electing members to the Tarrant Appraisal
District Board of Directors
Mayor for a Day Deshotels read Resolution R-09-3167 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak regarding this item and
Mayor Kelly closed the public hearing.
Councilmember Taylor moved to approve Resolution R-09-3167.
Councilmember Hall seconded the motion.
City of Colleyville Page 10 Printed on 11/20/2009
City Council City Council 1111irtutes - ®raft November 17, 2009
The motion carried by the following vote:
Aye: 6 -David Kelly, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart,
Mike Taylor
Absent: 1 -Carol Wollin
9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
10. REPORTS:
Planning and Zoning Commission Minutes -October 12, 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 NOVEMBER 17,
2009 -Reading and Public Hearing -Resolution R-09-3168
This resolution was not needed.
12. ADJOURNMENT:
Mayor for a Day Deshotels encouraged students to enter the Mayor for a
Day contest and stated being Mayor for a Day is a fun experience.
There being no further business before the City Council, Mayor for a Day
Deshotels moved to adjourn.
Councilmember Muhm seconded the motion.
Mayor Kelly adjourned the meeting at 8:56 p.m.
City of Colleyville Page 11 Printed on 11/20/2009
City Council City Council Minutes -Draft November 17, 2009
APPROVED BY A VOTE OF
ABSTENTIONS ON THIS THE
Minutes taken and prepared by:
Cynthia Singleton, TRMC, CMC
City Secretary
AYES, NAYS AND
DAY OF 2009.
City of Colleyville Page 12 Prinfed on 11/20/2009
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: File Type: Resolution Status: Consent Agenda
Version: 1
Agenda Date: 12/01/2009
Controlling Body: City Council
Requester: Engineering
Department
Agenda No.: 4b
Final Action:
File Name: Approval of an Interlocal Agreement with the City of Grapevine for maintenance of the
reconstructed Pool Road between Hall-Johnson Road and Ira E. Woods Avenue
Attachments: Interlocal Agreement between the City of Grapevine and the City of Colleyville for maintenance
of reconstructed Pool Road between Hall-Johnson Road and Ira E. Woods Avenue (SH26)
History of Legislative File
Version: Date: Acting Body: Action Text:
12/01/2009 City Council
Title
Approval of an Interlocal Agreement with the City of Grapevine for maintenance of the
reconstructed Pool Road between Hall- Johnson Road and Ira E. Woods Avenue
Explanation
Reading and Public Hearing
The City of Colleyville entered into a Boundary Agreement with the City of Grapevine in
June 1979, which defined new corporate limits for each municipality in the vicinity of
Hall-Johnson Road and Pool Road. In accordance with this agreement, each City would
absorb revised maintenance responsibilities for existing and future infrastructure
improvements in this area. The agreement included an obligation on the part of the City of
Colleyville to perform necessary maintenance on the parkway section of Pool Road, from
Hall-Johnson Road to Ira E. Woods Avenue (SH26). The parkway area was specifically
located west of the west back of the curb of the street and it also represented the new
boundary line for the City of Colleyville. The remainder of the street was located within the
City of Grapevine, who accepted maintenance responsibility of the roadway.
In August 1997, an Interlocal Agreement was approved by both municipalities for the
reconstruction of Pool Road, from Hall-Johnson Road to Ira E. Woods Avenue. As a result
of the new roadway construction, the west curb line of the street was moved approximately
seven feet west of the previously established boundary line between the two municipalities.
The street improvements subsequently placed 15 feet of right-of-way within the City of
Colleyville. However, no formal revisions were made regarding the maintenance
responsibility of each municipality within the street right-of-way. A recent need to repair a
section of sidewalk on Pool Road brought this issue to the attention of City staff in both
Colleyville and Grapevine.
City of Colleyville Page 1 Printed on 11/20/2009
Agenda Briefing Continued _
An Interlocal Agreement has been prepared in order to redefine the maintenance
requirements of both cities along Pool Road, from Hall-Johnson Road to Ira E. Woods
Avenue. The City of Grapevine shall maintain the portion of the roadway pavement up to
the back of the existing west curb of Pool Road and the City of Colleyville will maintain the
sidewalk and parkway area west of the existing west back of curb of Pool Road from the Big
Bear Creek bridge southward. In addition, each municipality will maintain their own water
and wastewater lines and associated facilities within their respective areas of maintenance
obligation in Pool Road.
Financial Impact
Each City will be responsible for respective costs of routine repairs and maintenance
operations along Pool Road on an annual basis.
Recommendation
Approval
City of Colleyville Page 2 Printed on 11/19/2009
STATE OF TEXAS §
COUNTY OF TARRANT §
INTERLOCAL AGREEMENT BETWEEN THE CITY OF GRAPEVINE AND THE
CITY OF COLLEYVILLE FOR MAINTENANCE OF RECONSTRUCTED POOL
ROAD BETWEEN HALL JOHNSON ROAD AND IRA E. WOODS AVENUE
(S.H.26)
This Interlocal Agreement for Maintenance of the reconstructed Pool Road
between Hall Johnson Road and Ira E. Woods Avenue (S. H. 26) (the
"Agreement") is made and entered into by and between the City of Grapevine,
Texas, a municipal corporation located in Tarrant, County, Texas, ("Grapevine")
and the City of Colleyville, Texas, a municipal corporation located in Tarrant
County, Texas ("Colleyville").
WHEREAS, the City of Grapevine and the City of Colleyville entered into
an Interlocal Agreement on the 19t" of August, 1997 for the reconstruction of Pool
Road from Hall Johnson Road to Ira E. Woods Avenue (S. H. 26) (the" Project");
and
WHEREAS, the City of Grapevine and the City of Colleyville subsequently
entered into an Amended Interlocal Agreement on the 20t" of March, 2001 for the
Project to provide for temporary water service from the City of COlleyville to the
City of Grapevine during construction of the Project; and
WHEREAS, the Project was constructed within an 80 foot wide street
right-of-way; and
WHEREAS, approximately 65 feet of the 80 foot wide right-of-way lies
within the City of Grapevine and the remaining approximately 15 feet lies within
the City of Colleyville; and
WHEREAS, the west sidewalk and a portion of the westernmost
southbound lane lies within the 15 foot wide segment of street right-of-way in
Colleyville south of the Big Bear Creek bridge; and
WHEREAS, questions regarding maintenance responsibilities of the two
Cities for the roadway and sidewalks have recently been raised; and
WHEREAS, separating the maintenance responsibilities of the two Cities
in the middle of a driving lane is impractical, and
O:\interlocal agreements\City of Colleyville Pool Rd Maintenance 2009
WHEREAS, clearly separating the maintenance responsibilities of the two
Cities at an easily definable and recognizable feature on the ground is in the best
interest of the two Cities.
WHEREAS, TEX. GOVT. CODE ANN. § 791.001 et seq., as amended
(the "Act") provides authorization for municipalities to contract with one another
for the performance of governmental functions and services under the terms of
the Act; and
WITNESSETH:
NOW, THEREFORE, for and in consideration of the mutual covenants, terms
and conditions set forth herein, and the mutual benefits to each party, the receipt
and sufficiency of which are hereby acknowledged, the City of Grapevine and the
City of Colleyville hereby contract,
ADOPTION OF PREAMBLE
All of the matters stated in the preamble of this Agreement are true and correct
and are hereby incorporated into the body of this Agreement as though fully set
forth in their entirety herein.
II. MAINTENANCE RESPONSIBILITIES
The City of Grapevine shall, at its sole cost, maintain the portion of the
roadway pavement up to the back of the west curb of the Pool Road
roadway pavement section that lies within Colleyville extending from the
Pool Road bridge over Big Bear Creek south to Hall Johnson Road.
2. The City of Colleyville, at its sole cost, shall maintain the sidewalk and
parkway lying within the City of Colleyville west of the west back of curb of
the Pool Road roadway pavement extending from the Pool Road bridge
over Big Bear Creek south to Hall Johnson Road.
3. Each City shall maintain their respective water and wastewater lines and
associated facilities in the Pool Road right-of-way that lie within their City
Limits.
O:\interlocal agreements\City of Colleyville Pool Rd Maintenance 2009
III. INDEMNIFICATION AND HOLD HARMLESS
1. The City of Grapevine shall indemnify and hold the City of Colleyville, its
agents, servants and employees harmless from any claims made by a
third party from claims (including costs and attorney fees) arising from or
resulting from the maintenance by Grapevine of the portion of the Pool
Road pavement lying in Colleyville between Big Bear Creek bridge and
Hall Johnson Rd.
2. The foregoing indemnification shall not be deemed a waiver of sovereign
immunity allowed pursuant to the Texas Civil Practice and Remedies
Code or otherwise, shall not be construed as the intent of the parties
hereto to benefit any third party other than the actual signatories to this
contract.
IV. TERM OF AGREEMENT
This Agreement shall be in effect in perpetuity or until both parties agree in
writing to its termination.
V. NOTICES
Any notice required to be given under this Agreement shall be deemed to have
been received upon deposit in the United States mail in an envelope with
sufficient postage and properly addressed to the other party as follows:
TO GRAPEVINE:
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
Attn: City Manager
TO COLLEYVILLE:
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Attn: City Manager
A change of address may be made by either party upon the giving of ten (10)
days prior written notice.
VI. MISCELLANEOUS
1. This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors, and assigns.
O:\interlocal agreements\City of Colleyville Pool Rd Maintenance 2009
2. This Agreement constitutes the sole and only agreement of the parties
hereto and supercedes any prior understandings or written or oral
agreements between the parties respecting the subject matter hereof.
3. No amendment, modification or alteration of the terms hereof shall be
binding unless the same is in writing, dated subsequent to the date hereof
and duly executed by the parties.
4. This Agreement may be executed concurrently in one or more
counterparts, each of which shall be deemed an original, but all of which
together shall constitute on and the same instrument.
5. In case any one or more of the provisions contained in this Agreement
shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any
other provision hereof and this Agreement shall be construed as if such
invalid, illegal or unenforceable provision had never been contained
herein.
6. All remedies provided for in this contract are in addition to, not in
substitution of, all remedies of the parties at law or in equity. All remedies
are intended to be cumulative, and a party to this contract may pursue the
remedies provided for in this agreement and all remedies at law or in
equity at the same time.
Mayor, City of Grapevine Date
City Secretary
City of Grapevine
Mayor, City of Colleyville Date
City Secretary
City of Colleyville
APPROVED BY COUNCIL:
Grapevine
Date
Colleyville
Date
O:\interlocal agreements\City of Colleyville Pool Rd Maintenance 2009
Approved as to Form
Grapevine City Attorney
Colleyville City Attorney
O:\interlocal agreements\City of Colleyville Pool Rd Maintenance 2009
,,,
.~i~ 6l~-... City Hall
City of Colleyville 100 Main Street
t. ~~
~~~~` ~~~ ~~ Colleyville, Texas 76034
~~ ~ ~~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number: 0-09-1739
File Number: 0-09-1739
Version: 1
Requester: Community
Development
Department
File Type: Ordinance
Agenda Date: 12/01 /2009
Agenda No.: 5a
Status: Second Reading
Controlling Body: City Council
Final Action:
File Name: Approval of amending Ordinance 0-92-880 setting fees and charges for City facilities, Case
GC09-018
Attachments: Ordinance 0-09-1739
History of Legislative File
Version: Date: Acting Body: Action Text:
11/17/2009 City Council
12/01/2009 City Council
Title
Approval of amending Ordinance 0-92-880 setting fees and charges for City facilities, Case
GC09-018
Explanation
Second Reading and Public Hearing
There were no speakers regarding this request at the November 17, 2009 City Council
meeting.
First Reading and Public Hearing
The Community Development Department proposes adding fees to the miscellaneous fee
schedule where none currently exist. The Community Development Department performed
a comprehensive fee survey in 2008 in order to compare current miscellaneous fees
charged by the department with similar fees charged by seven neighboring cities. While the
survey results reveal most of the fees charged for development related activities are well
below the seven city average, staff is not recommending increases to those fees at this
time. Given the current economic climate, staff proposes only adding fees to the fee
ordinance, based on the survey, where none currently exist in Chapter Two of the Code of
Ordinances. Staff proposes conducting another fee survey within two years that, given
improved economic conditions, may serve as a guide for future fee increases measured
against fees charged by other area cities.
The proposed fee increases are as follows:
City of Colleyville Page 1 Printed on 11/19/2009
Agenda Briefin_g Continued (0-09-1739)
Permit Type Current Proposed
Driveway Approach Permit $ - $ 75.00
Temporary Construction Trailer $ 94.00 $ 100.00
Foundation Repair Permit $ - $ 100.00
*Temporary Use Permit $ 94.00 $ 100.00
*Temporary Event Permit $ 94.00 $ 100.00
*These fees are currently being charged based on inspection fees set in the 2000
International Building Code ($47.00 per hour x 2) as no standard fee exists in Chapter Two
of the Code of Ordinances. Using this method to assess fees is authorized under the
Building Code but is not recommended for the assessment of miscellaneous fees.
Staff also proposes adding a fee for sidewalk waiver requests and general waiver requests
to the Land Development Code and Code of Ordinances. The standard fee charged for all
other Community Development variance/waiver requests is $125.00. The application of the
fee to sidewalk waivers and general waivers will create a consistent fee for all waiver
requests and will ensure labor costs incurred due to staff time spent on processing the
waivers are addressed by the new fee.
Current Proposed
Sidewalk waiver request $ - $ 125.00
General waiver request
to a Land Development Code
or Code or Ordinances requirement
Financial Impact
The implementation of these fees will generate an additional revenue of approximately
$2,000.00 per year.
Recommendation
Approval
City of Colleyville Page 2 Printed on 11/19/2009
ORDINANCE 0-09-1739
AN ORDINANCE AMENDING ORDINANCE 0-92-880, WHICH SETS FEES AND
CHARGES FOR CITY SERVICES AND SECTIONS OF THE CITY OF COLLEYVILLE
CODE OF ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Colleyville charges fees for miscellaneous services and
materials as authorized by Ordinance 0-92-880 and it is desirous to
update and add to those fees; and
WHEREAS, all statutory and constitutional requirements for the passage of this
Ordinance have been adhered to, including but not limited to the Open
Meeting Act; and
WHEREAS, the City Council determines that the passage of this Ordinance is in the
best interests of the health, safety and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all matters stated hereinabove are found to be true and correct and
are incorporated herein by reference as if copied in their entirety.
Sec. 2. THAT from and after the effective date of this Ordinance, Chapter 2
Section 2-26 (g) of the City of Colleyville Code of Ordinances shall be
revised with the following additions:
Driveway Approach Permit ... $75.00
Foundation Repair Permit ... 100.00
Sidewalk Waiver Request
General Waiver Request to a
Land Development Code or Code
of Ordinances Requirement ... 125.00
Sec. 3. THAT from and after the effective date of this Ordinance, Chapter 2
Section 2-26 (g) of the City of Colleyville Code of Ordinances shall be
revised with the following revisions:
Temporary Construction Trailer ... $100.00
Temporary Use Permit ... 100.00
Temporary Event Permit ... 100.00
Sec. 4. THAT the effective date of this ordinance shall be December 1, 2009.
Ordinance 0-09-1739
Page 2 of 2
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2009.
The second reading and public hearing being conducted on the day of
2009.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
,,, .,,
~;~ ' City Hall
~~~~~~,y City of Colleyville 100 Main Street
t~~' Colleyville, Texas 76034
~~ ~ ~~ Agenda Briefing 817.503.1000
vvww. co 1 1 eyv i l l e. co m
File Number: R-09-3171
File Number: R-09-3171
Version: 1
File Type: Resolution
Agenda Date: 12/01/2009
Requester: Parks and Recreation Agenda No.: 6a
Department
Final Action:
File Name: Approval of replacing Resolution R-06-2655 and of the Little Bear Creek Trail Extension and
Cottonbelt Trail Phase Phase III State Transportation Enhancement Funding Assistance
Application submittal
Attachments: Financial Status of Park Land Dedication Fund 10-31-2009 Resolution R-09-3171.pdf
History of Legislative File
Status: Resolution
Controlling Body: City Council
Version: Date: Acting Body: Action Text:
12/01/2009 City Council
Title
Approval of replacing Resolution R-06-2655 and of the Little Bear Creek Trail Extension and
Cottonbelt Trail Phase III Transportation Enhancements Funding Assistance Application
submittal
Explanation
Reading and Public Hearing
In Fall 2009, the Texas Department of Transportation (TxDOT), through the North Central
Texas Council of Governments (NCTCOG) issued a call for projects for funding through the
Transportation Enhancement Program. The City is requesting grant funding for Little Bear
Creek Trail Extension and Cottonbelt Trail Phase III.
These projects meet the City Council goals to develop, expand and promote leisure activity
opportunities for citizens.
In 2006, the City applied for State Transportation Enhancement Program grants for Little
Bear Creek Trail extending from the Colleyville Nature Center to Sparger Park and for
Cottonbelt Trail Phase III. Unfortunately, the call for enhancement projects was cancelled
due to lack of funding.
City Council adopted the Colleyville Pathways Plan with the City's number one priority to this
plan being the Little Bear Creek Trail Extension. The trail will connect a minimum of six
Colleyville neighborhoods, two major city parks, and a variety of schools, businesses, and
recreational activities. The trail will create the ability to cross under SH26, which is crucial,
allowing a safe, accessible crossing that joins Tara Plantation private trails, residential trails
and Colleyville Nature Center.
City of Colleyville Page 1 Printed on 11/20/2009
Agenda Briefing Continued (R-09-3171)
Cottonbelt Trail Phase III is the final phase of the Cottonbelt Trail System which will connect
numerous cities, including Grapevine, Colleyville, Hurst and North Richland Hills. Phase I is
complete in North Richland Hills and Colleyville. Phase II is nearing construction in the
cities of Hurst and Colleyville. The trail will establish connection of existing trails within the
City of Colleyville to the existing trail in the city of Grapevine at Big Bear Creek.
City staff has continued to work with Halff Associates, Inc., Texas Department of
Transportation (TxDOT) and Dallas Area Regional Transportation (DART) to complete the
design of the trail within the monies allocated for Cottonbelt Trail Phase II.
On November 2, 2009, the Parks and Recreation Advisory Board met and recommended
submitting the Transportation Enhancement Program grant applications for Little Bear
Creek Trail Extension and Cottonbelt Trail Phase III. Staff is finalizing the Transportation
Enhancement Program funding assistance applications, which are due to TxDOT on
December 11, 2009.
The funds provided by this program are in the form of reimbursables. Up to 80% of eligible
project costs can be reimbursed with federal funds. At least 20% of the project's allowable
cost must be provided by the City, as the local funding match. The City is responsible to
make payment for the entire project on a monthly basis and will be reimbursed through the
Transportation Enhancement Program for 80% of the entire project.
Financial Impact
With an estimated total project cost of $2,000,381, the City's 20% matching share of the
proposed Little Bear Creek Trail Extension grant application is $400,076. Funding options
for these grants include Park Land Dedication Fund, current balance of $1,195,705, and
Parks Tomorrow Fund, current balance of $1,160,091.
With an estimated total project cost of $1,575,237, the City's 20% matching share of the
proposed Cottonbelt Trail Phase III grant application is $315,047. Some of the City's
matching share is allocated in the Park Land Dedication Fund, $185,297, and Voluntary
Park Fund, $46,325. Funding options for the balance of $83,425, include Park Land
Dedication Fund, current balance of $1,195,705, and Parks Tomorrow Fund, current
balance of $1,160,091.
Recommendation
Approval
City of Colleyville Page 2 Printed on 11/19/2009
FINANCIAL STATUS OF PARK LAND DEDICATION FUND AT 10-31-2009
TOTAL REVENUES $3,447,896
TOTAL INTEREST INCOME RECD $511,121
LESS EXPENSES:
KIDSVILLE DONATION $1,000
LANDSCAPING NATURE CENTER $1,169
NATURE CENTER TREES $1,035
KIMSEY PARK APPRAISALS $4,700
CITY PARK SOD $72,881
TPWD KIMSEY PARK GRANT $8,800
COTTONBELT TRAIL I $161,447
COTTONBELT TRAIL ROW ACQUISITION $32,323
WEBS HOUSE RESTORATION $98,584
COTTONBELT TRAIL II $28,488
MC DONWELL SCHOOL TRAIL $162,790
PARK PROPERTY $508,047
CASTLETON TRAIL $18,956
MC PHERSON PARK PHASE I $1,084,147
LOG BARN $111,000
SPARGER PARK TRAIL $82,838
TOTAL EXPENSES $2,378,204
LESS ENCUMBERANCES:
COTTONBELT TRAIL II $179,810
COTTONBELT TRAIL III $185,297
WEBB HOUSE TRAIL $20,000
TOTAL ENCUMBERANCES $385, i07
TOTAL AVAILABLE AT 10-31-2009 $1,195,705
RESOLUTION R-09-3171
A RESOLUTION REPLACING RESOLUTION R-06-2655 AND APPROVING THE
SUBMITTAL OF GRANT APPLICATIONS FOR THE LITTLE BEAR CREEK TRAIL
EXTENSION AND COTTONBELT TRAIL PHASE III AND APPROVING LOCAL
MATCHING FUNDS IN ANTICIPATION OF FUNDING ASSISTANCE FOR THE
DESIGN AND CONSTRUCTION OF THE PROJECTS
WHEREAS, the City of Colleyville supports the Texas Department of Transportation
(TxDOT) through the North Central Texas Council of Governments
(NCTCOG) for funding of the Transportation Enhancement Program; and
WHEREAS, the Little Bear Creek Trail Extension will serve to connect the Nature
Center to Sparger Park and will serve to link neighborhoods to area
business and shopping and to expand park accessibility to citizens; and
WHEREAS, the Cottonbelt Trail Phase III will connect Cottonbelt Trail Phase I and
Phase II and will serve to link the cities of Grapevine, North Richland Hills,
Hurst and Colleyville; and
WHEREAS, the City of Colleyville has allocated funding for the Little Bear Creek Trail
Extension and Cottonbelt Trail Phase III and hereby commits to twenty
percent (20%) local match for funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the City of Colleyville adopts Resolution R-09-3171 approving an
additional $483,501 to serve as the local match for the submittal of the
Transportation Enhancement Program funding application.
Sec. 2. THAT the City Manager is hereby authorized to execute all contracts and
documents for which funding is appropriated for the projects.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS
ON THIS THE DAY OF 2009.
ATTEST: CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
~~ ~~ City Hall
~~' •~ Clt of Colle V~~~e 100 Main Street
Colleyville, Texas 76034
'°~" Agenda Briefing 817.503.1000
vwuw.colleyville.com
File Number: R-09-3172
File Number: R-09-3172
Version: 1
Requester: Community
Development
Department
File Type: Resolution
Agenda Date: 12/01 /2009
Agenda No.: 6b
Status: Resolution
Controlling Body: City Council
Final Action:
File Name: Approval of the Traffic Impact Analysis for Covenant Christian Acadamy located at the corner of
Cheek-Sparger Road and Wayne Drive, Case GC09-019
Attachments: Lee Engineering Traffic Impact Analysis for CCA dated October 27, 2009 Definition of
"Levels of Service" (LOS) Ordinance 0-09-1725 Resolution R-09-3172
History of Legislative File
Version: Date: Acting Body: Action Text:
12/01/2009 City Council
Title
Approval of the Traffic Impact Analysis for Covenant Christian Acadamy located at the
corner of Cheek-Sparger Road and Wayne Drive, Case GC09-019
Explanation
Reading and Public Hearing
City Council approved Ordinance 0-09-1725 on August 18, 2009, which amended the
zoning for Covenant Christian Academy (CCA). One of the conditions of the approved
ordinance is the review and approval of a Traffic Impact Analysis (TIA) by City Council prior
to the issuance of a building permit for any permanent structure.
After several meetings with City staff, the applicant submitted the final TIA on October 27,
2009. The following is a summary of the recommendations of the TIA:
- The maximum allowable student capacity is 750 students. At build-out of the school, CCA
is predicted to generate approximately 840 trips during the AM peak hour and 630 trips
during the school PM peak hour.
- The intersection of Cheek-Sparger Road and Wayne Drive operates at a level of service
(LOS) F during the AM peak hour, resulting in a 52.6 second delay per vehicle. With the
recommended improvements in place, the LOS will increase to a LOS D, decreasing the
delay to 32.5 seconds per vehicle. Therefore, the recommended improvements provide a
38% increase in the efficiency of the intersection. The recommended improvements are as
follows:
City of Colleyville Page 1 Printed on 11/20/2009
Agenda Brietrng Continued (R-09-3172)
(1) Install a westbound left turn lane with 100 feet of storage length plus appropriate
transition length.
(2) Provide time restricted left turn movements for the northbound approach of Wayne
Drive at Cheek-Sparger Road.
- Prohibit the right turn from driveways 6 and 7 (as shown in figure 2 in the TIA) by installing
a no right turn sign. Currently, approximately 15% of the student population are Bedford
residents. It is reasonable to assume that some of these drivers will travel south on Wayne
Drive to return to their homes. Additionally, if 100% of the trips from driveway 6 and
driveway 7 are routed to the south, the volume predicted on Harwood Terrace is still below
what is reasonable for a residential street. Thus, given the relatively low impact of traffic
projected to travel south into Bedford from the school, staff recommends that "no right turn
signs" be placed within private school property and not Wayne Drive right-of-way. This
action would release the City from enforcement duties for the "no right turn" sign while also
discouraging students and staff from turning right onto Wayne Drive when leaving school.
- With the construction of the new grammar school, the improvements listed in the PUD for
driveways 1 and 2 are no longer necessary. These driveways will no longer be utilized by
the school for parent pick-up and drop off.
- Driveway 3 is served by an unimproved shoulder. Aright turn lane with 100 feet of storage
length with the appropriate transition length should be constructed for this driveway. This
construction will require Driveway 2 to be closed.
- Modify the existing school zone along Cheek-Sparger Road. It should begin 200 feet west
of Mockingbird and extend 200 feet east of Wayne Drive to accommodate turning
movements along Cheek-Sparger. Install a reduced speed school zone on Wayne Drive
from Cheek-Sparger Road to 200 feet south of the school property.
- All roadway infrastructure improvements should be completed before the school is open.
The TIA meets all of the requirements of Ordinance 0-09-1725. The applicant is required to
install all recommended improvements prior to the issuance of the certificate of occupancy
for all phase one construction.
Financial Impact
There is no financial impact to the City.
Recommendation
Approval
City of Colleyville Page 2 Printed on 11/19/2009
3030 LBJ FREEWAY
SUITE 1860
DALLAS. TEXAS 757.34
972/248-3008 FAX 972/248-3865
TOLL FREE 888/298-3008
~~~ ~ncin~~~inc
October 27, 2009
Mr. Art Pengelly
Covenant Christian Academy
901 Clieek-Sparger Road
Colleyville, Texas 76034
Re: CCA Tr•a~c Impact Analysis
Dear Mr. Pengelly:
Lee Engineering has completed the traffic analysis for the proposed expansion of the Covenant Christian
Academy (CCA) in the City of Colleyville, Texas. The planned improvements would include the conshuction
of approximately 47,000 square feet of facilities along Wayne Drive located south of Cheek Sparger. Our
understanding is that the proposed construction will be for a grade school, library, multi-purpose facility, and
administration building. A site plan of the proposed development is provided in Figure 1.
Existing Conditions
The existing CCA facility along Cheek Sparger houses students ut grades one to twelve. Pre-kindergarten and
kindergarten students are housed at another location.
Turning movement counts (TMC) were collected at the intersection ofCheek-Sparger Road and Wayne Drive
on Tuesday, September 15, 2009. The existing weekday traffic volumes are shownnt Figure 2. Adjacent to
the site, Cheek-Sparger Road is a two-lane roadway with a posted speed limit of 30 miles per Hour (mph).
During school pick-up and drop-offhours, a 20 mph reduced speed school zone is in effect. Wayne Drive is
also atwo-lane, asphalt roadway with a posted speed limit of 30 mph.
There are currently five site driveways to the existing development. The present traffic circulation map has
assigned the following purposes to each of the driveways:
• Driveway 1 is an entrance only drive for first and second grade.
• Driveway 2 is an exit only driveway for first and second grade
• Driveway 3 is designated as the drop-off and pickup for third and fourth grade.
• Driveway 4 is designated as an entrance and exit for fifth grade to twelfth grade
• Driveway 5 is an exit only drive for grades fifth through twelfth
In addition, a gravel parking lot is located along Wayne Drive ui which high school students park their
vehicles.
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CCA Traffic Impact Analysis
October 2009
Proposed Expansion
The planned improvements at CCA would include the construction of approximately 47,000 square feet of
facilities along Wayne Drive located south of Cheek Sparger. Based on the City of Colleyville Ordinance O-
09-1725, the maximum capacity of the campus is 750 students. Our understanding is that the proposed
construction will be for a grammar school, library, multi-purpose facility, and administration building. The
proposed expansion will al low all levels of the school to be housed at the Cheek Sparger facility. Grades pre-
kindergarten to fourth grade will be located in the new building located along Wayne Drive.
Two new driveways will be created along Wayne Drive to service the new grammar school. We have
designated these driveways as 6 and 7 (north to south). With the construction of the new grammar school,
Driveways 1 and 2 will no longer be utilized by the school for parent pick-up and drop off. In addition, it is
our assumption that the existing gravel parking lot along Wayne Drive will no longer be utilized once
construction is complete and high school students will utilize on-campus parking.
Due to the presence of a 20 mph reduced speed school zone along Cheek Sparger Road adjacent to CCA, it
also assumed that a 20 mph reduced speed school zone will be installed along Wayne Drive adjacent to the
proposed grammar school.
Trip Generation
CCA is an existing private school with an enrollment of 594 students during the 2009-2010 academic year
from grades pre-kindergarten to high school. As part of a previous traffic study conducted in 2005, the
turning movement counts into and out of all five CCA driveways were collected. The school enrollment
during 2005 was 488 students. These previous counts allow the calculation of the number of trips generated
by the CCA and were used to compute the trip generation rates for the CCA. The rates obtained were
compared with the trip generation rates and equations provided in the publication entitled Trip Generation,
Eighth Edition, by the Institute of Transportation Engineers (ITE). A comparison of the CCA trips with the
ITE trip generation rates revealed that the ITE rates and equations underestimated the trips generated by CCA.
Therefore, the calculated rates obtained from the 2005 count data were used to determine the number of trips
generated by CCA under existing student enrollment and projected future enrollment. The trip generation
rates used is shown in Table 1.
Table 1: Calculated CCA Trip Generation Rates
AM Peak Hour School PM peak Hour
In T = 0.63 (X) T = 0.35 (X)
Out T = 0.48 (X) T = 0.48 (X)
~ T =Trip Ends; X =School Enrollment
4/ 16
CCA Traffic Impact Analysis
October 2009
The maximum capacity of the proposed school is 750 students. In addition, the pre-kindergarten students (3
and 4 years old) operate on an alternate day schedule. The students attend class either
Monday/Wednesday/Friday or Tuesday/Thursday; therefore, only one-half of these students (50) will be
present at one time; however, for the purposes of this analysis, all students are presumed to be on campus
simultaneously. Table 2 shows the resulting number of trips generated by this development.
Table 2: Estimated Trip Generation for CCA
AM Peak Hour School PM eak Hour
Students Enter Exit Total Enter Exit Total
750 480 360 840 270 360 630
Traffic Distribution and Assignment
There are five site driveways to the existing development along Cheek Sparger. The proposed development
will add two additional driveways on Wayne Drive and will remove the existing temporary gravel parking lot
along Wayne Drive. Figure 2 shows these drives are labeled from 1 to 5 (west to east) and 6 to 7 (north to
south). The following assumptions have been made for trip distribution purposes:
Driveway 1 and 2 are no longer utilized.
Driveways 3, 4, 6 and 7 are full access driveways.
Driveway 5 is an exit only drive.
Traffic was assigned to these driveways for the CCA enrollment of 750 students in grades Pre-K to twelfth
grade using the proposed school layout provided to Lee. The primary goal of the traffic circulation was to
provide a minimal impact on the adjacent public streets. Based on different release times, internal storage
availability, and utilizing a concept of multiple pick-up points, several configurations were considered for
traffic circulation. Figure 3 shows the predicted movement at 2:30 PM, Figure 4 shows the predicted
movement at 2:45 PM, and Figure 5 shows the predicted movement at 3:00 PM. Table 3 shows the predicted
queue length per grade and the resulting queue storage availability.
Table 3: Estimated Queue Requirements per Grade
GRADE
EXIT
VOLUME PICKUP
PRESENT AT
RELEASE
PREDICTED
QUEUE (ft)
AVAILABLE
CAPACITY (ft)
3 & 4 YR 18 95% 428 >900
KINDER 18 90% 405 >700
1 ST c4G 2ND 36 90% 8 ~ 0 >900
3RD 18 80% 360 >800
4T" 18 70% 315 >360
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Due to after school activities, students in grades 7`I' -12`I' grade are predicted to generate a minimum queue
length and are not included in the queue evaluation. Figure 6 shows the estimated site generated traffic for
the current enrollment based on the traffic circulation patterns shown in Figures 3, 4, and 5. Figure 7 shows
the 2010 total traffic volumes with the traffic redistributed to the new driveway locations.
5/16
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CCA Traffic Impact Analysis
October 2009
Auxiliary Lane Analysis
Auxiliary lanes are installed to facilitate turning movements at intersection. Auxiliary lanes include left turn
lanes, right turn lanes, and/or speed change lanes. Each study intersection was evaluated for the potential
need and/or benefit of auxiliary lanes.
Left Turn Analysis
Left turn volumes at the intersection of Cheek Sparger Road and Wayne Drive were analyzed to determine if
this intersection would require the installation of an eastbound left turn lane. The traffic volumes at the
intersection of Cheek Sparger Road and Wayne Drive during the AM and School PM peak hours (2010) total
were used in determining whether a left turn lane should be considered for installation at this location on
Cheek Sparger Road.
For this analysis, TxDOT's procedure for determining whether left turn lanes should be considered on two-
lane highways, as presented in TxDOT's Roadway Design Manual, was used. Table 4 summarizes the
information presented in Table 3-11 of this manual for a design speed of 40 mph.
Table 4: Guide for Left Turn Lanes on Two-Lane Highways
Opposing
Volume Advancing Volume (vph)
(vph) 5% Left Turns 10% Left Turns 20% Left Turns
40 mph Design Speed
800 330 240 180
600 410 305 225
400 510 380 275
SOURCE: TxDOT Roadway Design Manual (7able 3-11)
Table 5 presents the evaluation results of whether a westbound left turn lane should be considered on Cheek
Sparger Road at Wayne Drive.
Table 5: Left Turn Lane Evaluation Results
Opposing Advancing (WB ) Volume (vph)
(EB) Percent
Volume
Left Left
Volumes
Guidelines Volumes >
(vph) Turns Turns Guidelines?
AM Peak 648 5% 34 485 305 YES
PM Peak 440 5% 37 544 510 YES
11/16
CCA Traffic Impact Analysis
October 2009
Based on the results presented in Table 5, the projected traffic volumes in 2010 total conditions exceed the
left turn lane guidelines during the AM and school PM peak hours; therefore, a westbound left turn lane is
recommended at the intersection of Cheek Sparger Road and Wayne Drive.
A continuous left turn lane exists along Cheek Sparger Road adjacent to the facility that serves Driveway 3, 4,
and 5. No additional improvements are recommended to serve the left turn movement at these driveways.
Right Turn Analysis
Right turn lanes are typically utilized in an effort to allow turning traffic to decelerate without impeding the
through movement. Table 6 summarizes the recommendations for right turn lanes.
Table 6: Right Turn Warranted
Right turn Volume Right Turn Lane
Driveway
AM
PM
Recommended
3 179 101 YES
4 67 38 Yes
5 0 0 No
6 61 34 No
7 61 34 No
Cheek S ar er/Wa ne 99 98 No
Because Driveway 1 and 2 will no longer be utilized by CCA, improvements are not recommended
at these driveways. Right turn lanes are also not recommended at Driveway 5 due to the one-way
traffic designations of these driveways and/or lack of traffic volume.
Currently, Driveway 3 is served by an unimproved shoulder. It is recommended that a 100 foot right
turn lane be constructed for Driveway 3. A 100 foot right turn lane is present along Cheek Sparger
Road to serve Driveway 4 that will meet the needs of the school in the future.
The intersection of Wayne Drive and Driveway 6 is predicted to generate 61 right turns during the
AM peak hour and 34 right turns during the school PM peak hour. In addition, the intersection of
Wayne Drive and Driveway 7 is predicted to generate 61 right turns during the AM peak hour and
34 right turns during the school PM peak hour. Because the background traffic volume on Wayne
Drive is very low and the speed of traffic will be reduced due the installation of a reduced speed
school zone, the addition of a southbound right turn lane at either Driveway 6 or Driveway 7 has
minimal impact and is not recommended.
The intersection of Cheek Sparger Road and Wayne Drive is predicted to generate 99 right turns
during the AM peak hour and 98 right turns during the school PM peak hour. Due to low vehicular
speeds, an eastbound right turn lane is not recommended at this intersection.
12/16
CCA Traffic Impact Analysis
October 2009
Capacity Analyses
Intersection capacity analyses were performed at the intersection of Cheek Sparger and Wayne Drive
and at the CCA driveways for the AM and school PM peak hours under existing lane configurations
using the traffic volumes shown in Figure 7. Table 7 presents the results of this analysis.
Table 7: Capacity Analysis Results: Current Student Enrollment
Cheek-Sparger Road at Driveway 3
EB WBL NB SB
AM Peak 0.2 (A) 1.6 (B) OA (A) 18.1 (C)
School PM Peak OS (A) 0.6 (A) OA (A) 16.6 (C)
Cheek-Sparger Road at Driveway 4
EB WB NB SB
AM Peak OA (A) 0.6 (A) 28.6 (D) N/A
School PM Peak OA (A) 0.2 (A) 19.5 (C) N/A
Cheek-Sparger Road at Driveway 5
EB WB NB SB
AM Peak OA (A) OA (A) 38.4 (E) N/A
School PM Peak OA (A) OA (A) 24.4 (C) N/A
Wayne Drive at Driveway 6
EB WB NB SB
AM Peak 11.2 (B) N/A 0.2 (A) OA (A)
School PM Peak 11.0 (B) N/A 0.2 (A) OA (A)
Wayne Drive at Driveway 7
EB WB NB SB
AM Peak 9.6 (A) N/A 09 (A) OA (A)
School PM Peak 9.4 (A) N/A L1 (A) OA (A)
Cheek-Sparger Road at Wayne Drive
EB WB NB SB
AM Peak OA (A) 1.5 (A) 52.6 (F) N/A
School PM Peak OA (A) 1.3 (A) 19.7 (C) N/A
~ Delay in seconds/vehicle (Level of Service)
As shown in Table 7, all CCA driveways operate at acceptable levels of service (LOS D or better) during the
AM and school PM peak hours under existing traffic conditions excluding Driveway 5. Driveway 5 operates
at a LOS E during the AM peak hour for the northbound approach. The northbound approach to the
intersection of Cheek Sparger and Wayne Drive is also predicted to operate at a LOS F during the AM peak
hour. These poor LOS are primarily due to the high background traffic volumes on Cheek Sparger during the
AM peak hour. Because the northbound approach of Driveway 5 is contained on school property and
sufficient internal storage exists on site to accommodate the proposed queue, no improvement is
recommended for this approach. To j udge the value of proposed improvements for the northbound approach
13/16
CCA Traffic Impact Analysis
October 2009
to Cheek Sparger Road and Wayne Drive, the proposed queue length for this approach was determined. The
predicted 95`I' percentile queue length for each approach at the Cheek Sparger Road and Wayne Drive
intersection under existing conditions is shown in Table 8.
Table 8: Predicted Queue Length
Cheek-Sparger Road at Wayne Dr (ft)
EB WBL NB
AM Peak 0 5 177
School PM Peak 0 4 67
Table 9 presents the capacity analysis results assuming the implementation westbound left turn at the
intersection of Cheek Sparger and Wayne Drive. Table 10 shows the predicted queue length with this
improvement in place.
Table 9: Capacity Analysis Results with Recommended Improvements
Cheek-Sparger Road at Wayne Drive
EB WB NB
AM Peak 0.0 (A) 0.7 (A) 52.6 (F)
School PM Peak 0.0 (A) 0.6 (A) 19.7 (C)
~ Delay in seconds/vehicle (Level of Service)
Table 10: Predicted Queue Length
Cheek-Sparger Road at Wayne Dr (ft)
EB WBL NB
AM Peak 0 5 177
School PM Peak 0 4 67
Results presented in Table 9 indicate that the recommended installation of a westbound left turn lane is
predicted to have little impact on the queue length or LOS for the northbound approach.
To further improve the LOS for the northbound approach, a time restricted turning movement could be
installed for the northbound approach of Wayne Drive to Cheek Sparger. This time restriction could be in
place from 7:15 - 8:30 AM and 2:30 - 4:00 PM on school days. Table 10 presents the capacity analysis
results assuming the implementation of the time restrictions and Table 11 shows the predicted queue length
with this additional improvement in place.
14/16
CCA Traffic Impact Analysis
October 2009
Table 11: Capacity Analysis Results with Recommended Improvements
Cheek-Sparger Road at Wayne Drive
EB WB NB
AM Peak 0.0 (A) 99 (A) 32.5 (D)
School PM Peak 0.0 (A) 0.6 (A) 16.1 (C)
~ Delay in seconds/vehicle (Level of Service)
Table 12: Predicted Queue Length
Cheek-Sparger Road at Wayne Dr (ft)
EB WBL NB
AM Peak 0 5 124
School PM Peak 0 4 52
Although a delay is still predicted the LOS for the northbound approach is predicted to improve for LOS F to
LOS D with the left turn restriction.
Currently, approximately fifteen percent (15%) of the student population are
Bedford residents. It is reasonable to assume that some of these drivers will
travel south on Wayne Drive to return to their homes. However, several factors
exist that reduce the impact of the potential traffic re-routing south of Wayne
Drive. First, CCA has purchased several of the existing single family homes
along Wayne Drive in anticipation of future school expansion; therefore, the
background traffic volume along Wayne Drive will be reduced from the existing
traffic volume. Second, if 100% of the trips from Driveway 6 and Driveway 7
are routed to the south, the volume predicted on Harwood Terrace is still below
Figure 8: No Right what is reasonable for a residential street. In addition, CCA is a private school;
Turn (R3-1) therefore, the school administration has a much better compliance rate for parent
pick-up/drop-off than public schools. Figure 8 shows a "No Right Turn" sign
that could be installed at Driveway 6 and Driveway 7. If the right turn is prohibited from this driveway
during pick-up and drop-off times and parents are directed north on Wayne Drive to Cheek Sparger, the
number of parents who turn south out of Driveways 6 and 7 will be reduced.
15/16
CCA Troffic Impact Analysis
October 2009
Conclusions alad Recommendations
• The maximum allowable student capacity is 750 shrdents. At build-out of the school, CCA is
predicted to generate approximately 840 trips during the AM peak hour and 630 trips during the
school PM peak hour.
• Tluee proposed traffic cirarlation patterns leave been developed for 2:30, 2:45 PM, and 3:00 PM
release. Multiple grade pick-up locations are utilized to separate school traffic. With this circulation
pattern, all CCA driveways currently operate at acceptable levels of service excluding the northbound
approach to Driveway 5. It is predicted to operate at LOS E during the AM peak hour and LOS C
during the PM peak hour. Because the northbound approach of Driveway 5 is contained on school
property and sufficient internal storage exists on site to accommodate the proposed queue, no
improvement is recommended for this approach
• The intersection of Cheek Sparger Road and Wayne Drive operates at a LOS F during the AM peak
hour. The following recommendations are made in order to improve traffic operations at this
intersection:
o Install a westbound left turn lane with 100 feet of storage length plus appropriate transition
length.
o Provide time restricted left turn movements for the northbound approach.
With these infrastructure improvements in place, the northbound approach is predicted to operate at
LOS D during the AM peak hour and LOS C during the PM peak hour.
• Prohibit the right turn from Driveways 6 and 7 by installing a no right turn sign (R3-1).
• With the construction ofthe new grammar school, the improvements listed in the PUD for Driveways
1 and 2 are no longer necessary. These driveways will no longer be utilized by the school for parent
pick-up and drop off.
• Driveway 3 is served by an unimproved shoulder. Aright turn lane with 100 feet of storage length
with the appropriate transition length should be constructed for this driveway. This construction will
require Driveway 2 to be closed.
• Modify the existing school zone along Cheek Sparger Road. It should begin 200 feet west of
Mockingbird and extend 200 feet east of Wayne Drive to accoirunodate turning movements along
Cheek Sparger. Install a reduced speed school zone on Wayne Drive from Cheek Sparger Road to 200
feet south of the school property.
• All roadway infrastructure improvements should be completed before the school is open.
If you have any questions regarding this study, please contact me at (972) 248-3006. We appreciate the
oppot•tunity to provide these services.
Sincerely,
-~
J seph T. Short, P.E., PTOE
President Lee Engineering
P.E. 79093
Firm No. F450
16/16
Definition of "Levels of Service" (LOS)
LOS is a qualitative measure describing operational conditions of a segment or
traffic stream, during peak periods. Six different levels are defined (LOS A, B, C,
D, E and F) with LOS A representing the best condition and LOS E and F
representing the worst condition.
LOS-A describes primarily free-flow operations at average travel speeds, usually
about 90 percent of the free-flow speed (FFS) for the given street class. Vehicles
are completely unimpeded in their ability to maneuver within the traffic stream.
Control delay at signalized intersections is minimal.
* Free-Flow Speed (FFS), The average speed of vehicles on a given facility,
measured under low-volume conditions, when drivers tend to drive at their
desired speed and not constrained by control delay.
LOS-B describes reasonably unimpeded operations at average travel speeds,
usually about 70 percent of the FFS for the street class. The ability to maneuver
within the traffic stream is only slightly restricted, and control delays at signalized
intersections are not significant.
LOS-C describes stable operations; however, ability to maneuver and change
lanes in mid-block locations may be more restricted than at LOS-B, and longer
queues, adverse signal coordination, or both may contribute to lower average
travel speeds of about 50 percent of the FFS for the street class.
LOS-D borders on a range in which small increases in flow may cause
substantial increases in delay and decreases in travel speed. LOS-D may be due
to adverse signal progression, inappropriate signal timing, high volumes, or a
combination of these factors. Average travel speeds are about 40 percent of
FFS.
LOS-E is characterized by significant delays and average travel speeds of 33
percent or less of the FFS. Such operations are caused by a combination of
adverse progression, high signal density, high volumes, extensive delays at
critical intersections, and inappropriate signal timing.
LOS-F is characterized by urban street flow at extremely low speeds, typically
one third to one-fourth of the FFS. Intersection congestion is likely at critical
signalized locations, with high delays, high volumes, and extensive queuing.
ORDINANCE 0-09-1725
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS,
AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-99-1139 AND O-
06-1602; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE
ZONING ON 17.7 ACRES ON LOT 1 AND 2, BLOCK 1, COLLEYVILLE
PRESBYTERIAN CHURCH ADDITION, AND LOTS 1, 2, 3 AND 4, BLOCK 3,
SOUTHGATE ADDITION FROM THE R40-SINGLE FAMILY RESIDENTIAL ZONING
DISTRICT AND THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL
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. ZC09-004; and
WHEREAS, Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their
entirety; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new zoning
ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original zoning districts and
appropriate regulations be enforced therein and to recommend a new
zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts
and has prepared regulations pertaining to such districts in accordance
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, and other dangers; to promote
health, general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable consideration
to, among other things, the character of the districts and their peculiar
suitability for particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout
the City; and
,~
Ordinance 0-09-1725
Page 2 of 7
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 alf the
property owners generally, and to the persons interested and situated in
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning on
17.7 acres on Lots 1 and 2, Block 1, Colleyville Presbyterian Church
Addition, and Lots 1, 2, 3 and 4, Block 3, Southgate Addition from the R40-
single family residential zoning district and the PUDC-Planned Unit
Development Commercial zoning district to the PUDC-Planned Unit
Development Commercial zoning district, as depicted in Exhibit "A".
Sec. 3. THAT the above described tract of land shall be used only in the manner
and for the purposes provided by the Comprehensive Zoning Ordinance of
the City of Colleyville as heretofore amended, and as amended herein.
Sec. 4. THAT Ordinances 0-99-1139 and 0-06-1602 are hereby repealed in their
entirety.
Sec. 5. THAT the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. The purpose of this PUDC is for church and private school uses.
b. This property is subject to all the regulations contained in the Colleyville
Land Development Code, except where amended by this Ordinance.
Ordinance 0-09-1725
Page 3 of 7
Z. SITE PLAN AND PLATTING
a. The development of this property shall be generally consistent with the
site plan attached as Exhibit "B".
b. Prior to the issuance of any building permit, a replat of the subject
properties must be submitted and approved. No building permit may be
issued until said plat is filed with the County Clerk.
3. PERMITTED AND PROHIBITED USES
1. The following land uses shall be permitted within the Planned
Unit Development:
2. Church
3. Private elementary, secondary and high school not to exceed 750
students total.
4. Recreational and athletic uses incidental and accessory to the uses
listed above.
4. BUILDINGS AND SITE PLAN APPROVAL
a. The following buildings shall be allowed as described below and
depicted on Exhibit "B":
1. Secondary School 46,000 square feet maximum (existing)
2. Administration 6,000 square feet maximum (existing)
3. Administration 6,000 square feet maximum (phase 1)
4. Grade School 22,000 square feet maximum (phase 1)
5. Athletic Field Seating for 400 people maximum (phase 1)
6. Library 6,000 square feet maximum (phase 2)
7. Multi-purpose 19,200 square feet maximum (phase 2)
9. High School 48,000 square feet maximum (phase 3)
b. Prior to construction, the high school shown above, described as phase
three construction, shall require the approval of a detailed site plan and
building elevations. The detailed site plan submission shall, at a
minimum, meet the requirements of Section 3.23 J.K.6. of the Land
Development Code, be consistent with this Ordinance, and may also be
required to show additional conditions provided in Section 3.23 M.b. of
the Land Development Code. Further, such detailed site plan(s) shall be
considered as a legislative approval, subject to the sole discretion of the
City Council upon the recommendation of the Planning and Zoning
Commission.
Ordinance 0-09-1725
Page 4 of 7
c. All buildings constructed as part of this development shall be generally
consistent with the building elevation designs, attached as Exhibit "D".
5. PORTABLE STRUCTURES
a. All existing portable classroom structures on the subject properties shall
be removed prior to the issuance of the certificate of occupancy for the
buildings described as phase one construction in the Statement of
Planning Objectives attached as Exhibit "C". If no building permit has
been issued for said buildings as of September 1, 2010, all portable
buildings shall be removed from the property no later than September
30, 2010.
6. PARKING
a. Prior to the completion of phase one construction, there shall, at a
minimum, be enough on-site, off-street parking spaces provided to
accommodate the maximum enrollment of 750 students.
b. In order to ensure adequate parking is provided at all times, no athletic
events involving competition with another school may occur during
normal school hours.
c. All off-street parking required as part of this development shall meet the
requirements of the Land Development Code, except where amended
herein.
7. LIGHTING
a. All lighting including parking lot, building and security lighting shall be
directed away from residential areas and shall provide a maximum
candle illumination of 0.5 foot candles as measured from the property
line.
b. There shall be no permanent lighting nor shall there be any nighttime
illumination of any kind for the athletic field.
8. LANDSCAPING. BUFFERING AND OPEN SPACE
a. The development shall provide a minimum of 60 percent of open space.
Ordinance 0-09-1725
Page 5 of 7
b. Prior to the issuance of the certificate of occupancy for each building,
there shall be a minimum of one three (3) inch caliper tree planted per
each 40 feet of frontage and one five (5) gallon shrub planted per each
five (5) feet of frontage along Wayne Drive and Cheek Sparger Road.
The species and planting specifications shall adhere to the
requirements of the Land Development Code.
c. A 20 foot landscape buffer shall be maintained along the western
boundary of the development and along the boundary of Lot 5, Block 3,
Southgate Addition. Additionally, the landscape buffers shall contain
live plant material of the evergreen variety which is expected to grow to
six (6) feet height in two (2) years, a minimum of three (3) feet in height
at the time of installation and planted on six (6) foot centers. The
required plantings shall be required in the buffer along the western
property line prior to the completion of the athletic field and only
adjacent to the stadium and any other existing buildings. The buffer
along the boundary of Lot 5, Block 3, Southgate Addition shall be
planted prior to the completion of the phase one construction.
9. SIDEWALKS
a. A minimum five (5) foot sidewalk shall be constructed along Cheek
Sparger Road prior to the issuance of the certificate of occupancy for
the high school (phase four).
b. A minimum five (5) foot sidewalk shall be constructed along Wayne
Drive prior to the issuance of any certificate of occupancy.
1O. FENCES AND SCREENING
a. A minimum eight (13) foot wood fence with masonry columns placed
every 20 feet shall be constructed along the western boundary of the
development adjacent to Lots 19 through 26, Camelot Estates Addition
located in the City of Bedford and along Lot 5, Block 3, Southgate
Addition in Colleyville prior to the issuance of any certificate of
occupancy.
11.OTHER
a. The bleachers for the athletic field shall meet the design and
specifications shown in Exhibit "E".
b. A traffic impact analysis (TIA) shall be required prior to the issuance of a
building permit for any permanent structure. At a minimum, the TIA shall
include the following:
Ordinance 0-09-1725
Page 6 of 7
(1) A revised analysis of traffic impact on Cheek Sparger Road due to
change in overall traffic movement in the area and with potential
increase in enrollment of students;
(2) Evaluation of the northlsouth traffic flow during peak and non-peak
periods on Wayne Drive;
(3) The impact of vehicles turning onto Wayne Drive from new
development during peak and non-peak periods;
(4) An analysis of minimum and optimum requirements for additional
turn lanes on Cheek Sparger and Wayne Drive;
(5) An analysis of minimum hard surface shoulder construction needs
for vehicle drop off and pick up areas;
(6) An analysis of the development impact upon the intersection of
Wayne Drive and Cheek Sparger Road;
(7) A site plan of the development that includes all surrounding public
streets depicting any improvements and recommendations required
as part of the TIA.
The TIA shall be submitted to the City Council for review and approval
of both the TIA and the required improvements (both on-site and off-
site) shown necessary by the TIA. No building permit shall be issued
for any permanent structure allowed by this ordinance until the required
improvements recommended by the TIA are made by the applicant a.nd
approved by the City.
c. In lieu of improvements to Wayne Drive required as part of the
proposed development, the applicant shall pay into escrow a perimeter
street fee to be determined by the City Engineer prior to the filing of the
replat for the property.
d. Beginning at the westernmost corner of Lot 1R, Block 1, Colleyville
Presbyterian Church Addition, where it is adjacent to Cheek Sparger
Road thence commencing approximately 500 feet eastward along the
south side of Cheek Sparger Road to the edge of the existing driveway
approach there shall be installed a 15 foot wide all-weather surface
shoulder, approved and inspected by the Public Works Director prior to
the issuance of the certificate of occupancy for phase one construction.
Ordinance 0-09-1725
Page 7 of 7
Sec. 6. THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for
in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon
conviction shall be punishable by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense.
Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall not
affect the validity of this ordinance as a whole or any portion thereof other
than that portion so decided to be invalid or unconstitutional.
Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
Sec. 9. THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its passage.
AND IT iS SO ORDERED.
The first reading and public hearing being conducted on the ~` ~ day of
,u..c-tc~~a ~- 2009. ~-,(
,The seec~ond reading and public hearing being conducted on the /~" '' day of
~-rJ. ~,t~.a ~' 2009.
,TTEST: CITY OF COLLEYVILLE
,PPROVED AS TO FORM AND LEGALITY:
nthia Sin Teton, TRMC, CMC -Jon Ayers
Y 9
ity Secretary Mayor Pro Tem
Matthew C. G. Boyle
City Attorney
EXHIBIT "A"- Location and Zoning Map
EXHIBIT "B"-Site Plan
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EXHIBIT "C"- Statement of Planning Objectives
ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION OF
COVENANT CHRISTIAN ACADEMY AND PRESBYTERIAN CHURCH IN
AMERICA - COLLEYVILLE, TEXAS
The property for which this proposed zoning is to occw is located at the southwest corner
of Cheek Spazger Road and Wayne Drive. The overall 17.6734 acre piece of property is
comprised of numerous individual lots zoned for both PUD-C and R-40 uses (see
attached legal description). It is the intent of this zoning application to redact the current
zoning for the property and rezone the property into one zoning classification (PUD-C) to
be used primarily for church and educational use as described below:
PERMITTED USES
1. Church and other uses associated with chwches, such as worship activities,
Sunday School, and church related educational purposes.
2. Private primary and secondary school purposes.
3. Recreational and athletic purposes associated with uses 1. and 2. above.
4. Any combination of the permitted uses and any accessory uses incidental and
secondary to the allowed principal uses.
STATEMENT OF PLANNING OBJECTNES
Covenant Christian Academy is a highly respected educational institute serving students
in and azound Colleyville since 1979. The objective of this PUD-C request is to move
forward improving the Physical Plant so as to better serve the students and faculty within
ow school with improvements in ow academic, athletic and recreational facilities. Grade
school classrooms aze planned with the appropriate recreational areas appropriate to
grade levels. Athletic field improvements are also included to promote on campus
training, practice and gams facilities for ow school teams as well as outreach
opportunities for serving assorted local clubs and associations. Athletic field shall be
lighted for nighttime use. Finally, a future high school building and an enclosed mu16-
purpose facility is planned as part of ow long-term goals.
Upon grant of the zoning change requested herein, it is anticipated that the main Property
Owners (Covenant Christian Academy - "CCA") will immediately move forward with a
replat request (the replat may proceed concurrent with zoning request). The existing
PUD-C required the removal of the portable classroom buildings and the construction of
permanent structures to house the students within a certain timeframe. Two of the
portable buildings have already been removed in accordance with current PUD
requirements. This request will incorporate that condition into ow PUD-C. Construction
of the three (3) grade school buildings will begin almost immediately (Phase 1). These
initial improvements wilt provide classroom and administration space necessary to
eliminate the existing portable classroom buildings. While those portable buildings aze
not on CCA-owned property and are located outside of the area of ow PUD-C request,
the removal of those buildings is herein represented as a condition of ow request. All
portable buildings are to be removed upon issuance of the certifictate of occupancy of
Phase 1 Construction or approximately September, 2010.
A'CCACHMENT TO PUD-C 7ANING CHANGE APPLICATION PAGE 1
EXHIBIT "C"- Statement of Planning Objectives Continued
Realize that the proposed development of this property is planned to provide an improved
learning atmosphere for the existing student base including a library, computer lab,
dedicated art studio, music room, and science lab. The development is not intended to
accommodate an influx of additional students in excess of the current enrollment.
Student enrollment has fluctuated between 500 to just under 600 over the last seven
years. A student enrollment of 600 is the design population for which this PUD-C has
been designed for.
Presbyterian Church in America - Colleyville, Texas ("Colleyville Presbyterian's was
the entity that started CCA. The school became independent of the church in 1999. CCA
has been in operation for many years and has been a good neighbor and citizen in the
City of Colleyville. Numerous residents of the community have contributed vast
amounts of time and monetary resources to further this private school. CCA owns the
majority of the property along the west side of Wayne Drive with the exception of Lots 1
and Lot 5 (Southgate Addition, Block 3). Lot 1 is currently under contract to CCA and is
a part of this PUD. The original 10 acre portion of CCA property was purchased with the
anticipation of the construction of school facilities on the Property. This zoning change
is necessitated as a result of the City's zoning ordinance which does not allow additional
construction of educational facilities on the CCA property without approving a new PD
Development. The City's zoning ordinance was instituted just after the original property
was purchased. The use of the Property has long been planned and has been existent for
a number ofyears. The requested change is therefore consistent with the existing use of
the Property. Conversion of the existing Property, of CCA into its proposed use is logical
and does not take other commercial property of the City out of use for retail and other
higher commercial uses as desired by the City of Colleyville.
City of Bedford residential neighborhoods are located to the west and south of this
development. The athletic field and treed area on the southern portion of the property
(trees to remain) serve as a buffer to these residential areas and are certainly compatible
with adjoining uses. The existing athletic field will remain in approximately the same
location,. thus having little additional effect on the neighbors in Bedford. These same
areas will also easily satisfy any requirements for open space with might be associated
with this zoning request. The area east of Wayne Drive, across the street from this
Property, is comprised of vacant land zoned for Agricultural use and two remaining
residential homes (zoned R-40). The Saddlebrook Subdivision is located north of this
property across Cheek Sparger Road (zoned PUD-R).
Prior zoning changes. (PUD's) on this property attempted to satisfy CCA requirements,
but contained numerous concessions requested by adjoining property owners. Since the
most recent PUD-C, CCA has acquired additional properties along Wayne Drive, thus
eliminating all but one of the prior adjacent property owners. This PUD-C addresses the
rezoning of the recently acquired and original CCA and Colleyville Presbyterian property
as well as those that are to be acquired (Lot 1).
DEVELOPMENT SCHEDULE
ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 2
EXHIBIT "C"- Statement of Planning Objectives Continued
The stages and phases of development are planned as follows:
Phase 1 - Grade School Construction (begin immediately and. finish in
approximately 15 months)
Phase 2 - Multi-Purpose Facility Construction (no completion date
established)
Phase 3 - Athletic Field and Stadium (no completion date established)
Phase 4 - High School (no completion date established)
'~ Realize that much of the timing of construction will be dependent on fund raising
activities. The Applicant requests that no specific deadlines or time frames be associated
with this Development Schedule.
STATEMENT OF PROPOSED OWNERSHIP
The ownership of the Property will not change other than the fact that Lot 1 is expected
to be acquired by CCA contingent upon zoning approval.
STATEMENT OF UTILITIESIINFRASTRUCTURE TO BE PROVIDED
All major utilities, water, sewer and drainage are either already on or immediately
adjacent to all of the Property. The attached preliminary engineering drawings detail the
proposed water, sewer and drainage infrastructure that will be constructed to
accommodate the proposed development of this property. Required easements for all
utilities around and on the Site either already exist or will be provided by Plat or separate
instrument as necessary.
Regarding roadway infrastructure, CCA intends to improve Wayne Drive for its entire
length of frontage. The existing asphalt roadway will be widened from the centerline to
the west to form '/~ of the required 31' B-B City Street Section. `In other words, CCA will
build a 1 S.S' street section along its side of the existing Wayne Drive. A 4' sidewalk will
be constructed along the west right-of--way of Wayne Drive for its entire length along the
CCA frontage. CCA would also entertain entering into aCity-Developer Agreement to
reconstruct Wayne Drive along the entire school frontage from its existing state to a full
width 36' B-B street section to allow on-street parking. CCA would be willing to
contribute the funds for 15.5' width of the roadway while the City pick up the cost for the
remaining 20.5' width.
Recent improvements to Cheek Sparger Road have already been made by CCA as
required by the earlier PUD-C.
IMPACT FEES: l
Granting of this request,will not introduce additional students to this location. The
classrooms in Phase 1 will replace the existing classrooms currently located in the
Portable Buildings. No net increase in impact will be felt from these improvements as we
ATTACHMENT TO PUD-C ZONING CHANGE APPLICATION PAGE 3
EXHIBIT "C"- Statement of Planning Objectives Continued
ate simply relocating existing students into the new, larger classroom and appropriate
educational spaces.
By this application we are requesting following consideration and adjustment on the
applicable impact fees:
1) Roadway Impact and Perimeter Street Fees: Full impact fee credit allowed for the
amount of road way improvementboth to Wayne Drive as illustrated in this
request as well as the pcevious substantial improvements along Cheeksparger
Dtive. We request that the required street and sidewalk construction be limited to
what is shown on our Site/Concept Plan and related engineering plans.
2) Parkland Dedication Fees: We understand that Parkland Dedication Fees do not
apply to this development.
3) Water and Sanitary Sewer (Builder) Impact Fees: Full impact fee credit shall be
allowed for the installation of the new 8" water line along the full length of
property along Wayne Drive. This water line is replacing an existing 2" water
line. Again, the impact from the introduction of these new classroom buildings
will be totally offset by the elimination of the impact now present with the
portable classroom buildings to be removed from site.
4) Tree Mitigation Fees: Full tree mitigation fee credit shall be allowed mainly due
to the effort taken to preserve the majority of the existing trees located at the
southwest corner of the property. Over 9t)% of the existing trees on the overall
property are to be retained.
This instrument is attached to an incorporated into the zoning application signed by the
Property Owners and their representative.
ATTACHMENT TO PtJD-C ZONING CHANGE APPLICATION PAGE 4
EXHIBIT "D"- Building Elevations
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EXHIBIT "E"- Bleacher Details
Bleacher Details
RESOLUTION R-09-3172
A RESOLUTION APPROVING THE TRAFFIC IMPACT ANALYSIS FOR COVENANT
CHRISTIAN ACADEMY
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the traffic impact analysis completed by Lee Engineering, Inc. for
Covenant Christian Academy, dated October 27, 2009 is hereby approved.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON
THIS THE DAY OF 2009.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
Information Received After Packet
Delivery
for Zoning Case ZC09-012
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Lafferty re-zoning request
3
Illustration of example driveway
with Fire Equipment Turnaround
with Hammerhead Configuration
File Number: 0-09-1733
City of Colleyville
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: 0-09-1733
File Type: Ordinance
Status: Second Reading
Version: 1
Requester: Community
Development
Department
Agenda Date: 12/01/2009
Agenda No.: 7a
Controlling Body: City Council
Final Action:
File Name: Approval of a request for a zoning change from AG-Agricultural to R40-Single Family
Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406
John McCain Road, Case ZC09-012
Attachments: Applicant's Request to Table Letter to Table Request for the 11/3/2009 City Council meeting
• Location and Zoning Map Notification List Zoning Exhibit Ordinance 0-09-1733
History of Legislative File
Version: Date: Acting Body: Action Text:
1 09/14/2009 Planning and Zoning
Commission
1 10/20/2009 City Council
1 11/04/2009 City Council
1 11/17/2009 City Council
1 12/01/2009 City Council
Title
Approval of a request for a zoning change from AG-Agricultural to R40-Single Family
Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at
406 John McCain Road, Case ZC09-012
Explanation
Update
During the November 17, 2009, City Council meeting, City Council voted to continue this
item to the December 1, 2009 City Council meeting.
Update
During the November 4, 2009, City Council meeting, City Council voted to continue this item
to the November 17, 2009 City Council meeting.
The applicant has notifed staff that they are not able to attend the Novemer 17, 2009
meeting as well and have requested that the item be continued to the December 1, 2009
City Council meeting.
City of Colleyville Page 1 Printed on 11/19/2009
Agenda eriefing Continued (0-09-1733)
Second Reading and Public Hearing
There were no speakers regarding this request at the October 20, 2009 meeting.
The City Council requested that the applicant submit an exhibit illustrating the fire apparatus
turnaround near the proposed house and how many fire trucks and ambulances could park
next to the house in the event of a fire.
To date, staff has not received an exhibit from the applicant.
First Reading and Public Hearing
James Lafferty submitted a request to rezone 0.5 acres of land located at 406 John McCain
Road from AG-Agricultural to R40-Single Family Residential (40,000 square feet minimum).
The applicant is seeking the zoning change in order to create access to an R40-Single
Family Residential portion of his lot in the northeast corner so that the applicant can build a
home.
Existing Conditions. The subject property is currently platted as one lot. The property is
currently developed as a single residential lot that contains an existing home. The current
home, stable, and corral area on the property will remain.
Lot Sizes. The applicant has submitted an exhibit illustrating the existing property
boundaries. The R40-Single Family Residential zoning district requires a minimum lot area
of 40,000 square feet, lot width of 150 feet and lot depth of 150 feet. Although irregular in
shape, the proposed lot would meet the minimum lot requirements for an R40-Single Family
Residential lot and the Land Development Code.
Platting. Upon approval of the rezoning request, the subject property will be required to be
replatted in order to create a new lot around the altered zoning boundary prior to the
issuance of a building permit.
Master Plan. The Colleyville Master Plan designates the future use of this area for single
family residential type land uses. The proposed rezoning request is in conformance with the
land use portion of the Master Plan.
Surrounding Development Trends. The surrounding properties represent a small variety
of zoning districts within the City. The properties to the north, west, and south are zoned
AG-Agriculture and contain single family homes; the property to the east is zoned
R40-Single Family Residential and contains a single family home.
Public Notification. Staff mailed notices to 17 adjacent property owners regarding this
request. Notice was published in the Fort Worth Star-Telegram as required by state law and
the Land Development Code. Staff has received no letters regarding the request.
Planning and Zoning Commission Recommendation. The Planning and Zoning
City of Colleyville Page 2 Printed on 11/19/2009
Agenda Briefnq Continued (0-09-1733)
Commission recommended approval of the request at the September 14, 2009 meeting by
a vote of 4-3.
Summary. The proposed zoning request is compliant with the Master Plan. The proposed
lot meets the technical requirements of the Land Development Code as it pertains to flag
lots.
Financial Impact
It has been determined that there is no financial impact.
Recommendation
Approval
City of Colleyville Page 3 Printed on 11/19/2009
Applicant's Request to Table
From•
Sent: Saturday, November 07, 2009 11:28 AM
To: Ron Ruthven
Cc: David Myers
Subject: Re: Fire Turnaround diagrams from the Land Development Code
Dear Ron,
I apologize in advance for the informality of this request. I am at an international terminal
preparing for departure right now.
Due to city council's meeting schedule change from November 3rd, I am unable to
represent our rezoning case until the December 1st city council meeting. My surveyor is
unable to represent me at the November 17th meeting and is the only third party familiar
with our case.
Please request City Council table our case until December 1st if possible. If this request is
denied, please try to inform me be Sunday, November 15th.
Thank you again for your help.
Jim Lafferty
406 John McCain Road
Sent from my Verizon Wireless B1ackBerry
James D. Lafferty
406 John McCain Road
Colleyville, Texas 76034
Tel: (817) 845-3381
Em•
October 27, 2009
Mr. Ron Ruthven
City of Colleyville
Interim Community Development Director
Re: Ordinance 09-1733, Case #ZC09-012
Dear Mr. Ruthven:
I am the applicant for the referenced re-zoning case. The second reading and public hearing was
scheduled for November 3`d which I was planning to attend. As you know, the City Council recently
moved the next council meeting to November 4th. I have a scheduling conflict with that date.
Please accept this letter as a request to table the referenced case until the next council meeting.
I look forward to your reply.
Sincerely,
Jim Lafferty
Location and Zoning Map
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Notification List
OWNER_NAME
OWNER_ADDR
OWNER_CITY OWNER
STATE OWNER
_ZIP
SITUS_ADDR
Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 000304 John McCain Rd
Moose, Stephen & Brooke 7204 Pleasant Run Rd Colleyville TX 76034 007204 Pleasant Run Rd
Trinity Ch Center Of Santa Ana 2442 Michelle Dr Tustin CA 92780 007200 Pleasant Run Rd
Pagel, Cindy D 506 John McCain Rd Colleyville TX 76034 000506 John McCain Rd
Brown, Clifford Etux Linda 508 John McCain Rd Colleyville TX 76034 000508 John McCain Rd
Cucci, Steven C Etux Martha W 7201 Monticello Pkwy Colleyville TX 76034 007201 Monticello Pkwy
Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 000304 John McCain Rd
Miller, R Scott 8 Mary B 500 John McCain Rd Colleyville TX 76034 000500 John McCain Rd
Scheffe, Scott A 7103 Monticello Pkwy Colleyville TX 76034 007103 Monticello Pkwy
Rivera, Arsenio Jr Etux Resy 7101 Monticello Pkwy Colleyville TX 76034 007101 Monticello Pkwy
Goodacre Ltd Prtnshp PO Box 1672 Colleyville TX 76034 007013 Westcoat Dr
Goodacre Ltd Prtnshp PO Box 1672 Colleyville TX 76034 000000 Reverchon Ct
Dyck, Harry A Etux Estha 7336 Normandy Rd Fort Worth TX 76112 000000 Westcoat Dr
Wood, Jane Annette 315 John McCain Rd Colleyville TX 76034 000315 John McCain Rd
Stringer, David W Etux Charla 401 John McCain Rd Colleyville TX 76034 000401 John McCain Rd
Johnson, Jeff Etux Michele 405 John McCain Rd Colleyville TX 76034 000405 John McCain Rd
James Lafferty, applicant 406 John McCain Rd. Colleyville TX 76034 applicant
PH notices mailed on Thursday, Sept. 3, 2009 by Amy Shelley.
Zoning Exhibit
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ORDINANCE 0-09-1733
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 0.5 ACRES ON A PORTION OF LOT 2R, BLOCK 1,
OF THE BRIAR CREEK ESTATES ADDITION FROM THE AG-AGRICULTURAL TO
R40-SINGLE FAMILY RESIDENTIAL 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
ZC09-012; 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;
and to secure safety from fire, panic, and other dangers; to promote
health, general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable consideration
to, among other things, the character of the districts and their peculiar
suitability for particular uses, with a view to conserving the value of
buildings and encouraging the most appropriate use of land throughout
the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City
of Colleyville City Council, in compliance with the Charter of the City of
Colleyville, and State Law with reference to changes to zoning
classifications under the Zoning Ordinance Regulations and Zoning Map,
having given the requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all the
property owners generally, and to the persons interested and situated in
Ordinance 0-09-1733
Page 2 of 3
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning of 0.5
acres portion of Lot 2R, Block 1, Briar Creek Estates Addition from the AG-
Agricultural zoning district to the R40-Single Family Residential zoning
district, as depicted in the attached Exhibit "A" labeled Location and Zoning
Map and described in the attached Exhibit "B" labeled Metes and Bounds
Description.
Sec. 3. THAT the above described tract of land shall be used only in the manner
and for the purposes provided by the Comprehensive Zoning Ordinance of
the City of Colleyville as heretofore amended, and as amended herein.
Sec. 4. THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for
in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon
conviction shall be punishable by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense.
Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall not
affect the validity of this ordinance as a whole or any portion thereof other
than that portion so decided to be invalid or unconstitutional.
Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
Sec. 7. THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires that
this ordinance shall take effect immediately from and after its passage.
Ordinance 0-09-1733
Page 3 of 3
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2009.
The second reading and public hearing being conducted on the day of
2009.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
EXHIBIT "A"- Location and Zoning Map
7303
7:,
7208 72C,?
7207
73C2
~J3,
AG
72~~~ AG
7200 AG
7zco
72C7
Site
7204 '205
R40
72c2 7203
7112
72CC ~?01
506 508 512
7102 7103 '
PU R 3Ca 4~,.~~~ 5co ~ ~' ll'l~~
~~
soo
ltao 7101
h
O
PUDFt
AG
loos ,1,~,F,
4C5 X05 700
lOC4
s1~
7000
710
Exhibit "B"- Metes and Bounds Description
FIELD ti7OTE DE~CRIPTIOti' FOR TH:~T PORTION OF LOT 'R'ITL'.~TED II` ZO~INC~ ..~G..
:ALL of that certain tract or parcel of land siitlated in the tiV. E. C'ROOI~~ ~UR`'EY. AB~TR.~CT ~iO. 29~ and the
R_ B. ~~'ILLI~-L1.1~ ~L'R~'EY.:~B~TRAC'T ~1C). 16?~. TSfrallt C alUli~', Tel'AS FLI1C1 L7e122g Lat ~R. Black 1. BRI.~R
CREEK E~TATE~. an Addition to the Cin• of C'ollev i ille_ Tarrant C'otuin'_ Texas as recordeel in Cabinet ~. 51ide
1 ? 1 S of the Plat Records, Tarrant Couni<_ •. Texas alld being more particularly described Uy metes and Uouncls as
follows:
BEGIti'I~TNCi at a 1 _' inch steel rocl found far the southeast corder of said Lot ?R. being the sauthi;pest coruer of
Lot 1R of said Black 1. also beuia ul the apparent northerlt_• right-of-«•ay line of Jolui ~,•1cCaui Road (a 1-ariable
~~•idth right-of-«-acj:
THE?~C'E Borth S9 degrees ~> ntinutes 1? seconds ~~'est ~t-ith said Ilortherly right-of-n-a~- line. 176.fi6 feet to a L~2
inch capped steel rod stamped '~?~~fOAK StJRti' I1~C'-~ set for the south~~.•est coruer of praposecl Lot _'R?:
THENCE :earth 00 decrees 04 minutes 4; seconds East departuic said right-of-~ti-ay and Z~~ith the «~esterly
UOL321dan- line of said Lot ?R,. 60.00 feet to a 1: ? uich capped steel rod stamped °~,•IO.aK SL-R~' I'`C''~ set:
THE\CE \orth ;~ degrees 0~ nullutes 40 seconds East eo11ti1n1u2g «•ith said t~.-esterly botlnclan' line. 160.03 feet
to a 1 'inch capped steel rod stamped ~''~•IOAIt SLTR~:' I1vC~~~ set:
THENCE \olYh O1 degrees ~9 nulnues ?4 seconds ~~'est contuluina ~~•ith said t~-esterh• botlildan• line. 8 .4? feet to
a 1 _' inch capped steel rod stamped --~•1OAK SL'R' I~C~. set
THE\C'E ~iorth 03 degrees ~? lniulltes ~•~ SeCt?Ilds ~~'est ca11tu111u1Q ~4'itll sold R'eStefly baunclan_• lice. 6_'.64 feet to
a 1 'inch capped steel rod stamped ~-~,•iOAK SURD' IVC"~ set:
THE~C'E ?forth Oi decrees 1 ~ I2unutes 04 seconds East continuing ~~•ith said t~~esterly botu2dai~- line. _' 10.90 feet
to a 1. ? unch steel tad found for the northeast carnet of said praposecl Lat _'R1:
THE~C'E South 0.? degrees 33 Inunutes _'4 seconds East_ at X90.41 feet paSSilla a 1 ?inch capped steel rod stamped
-~MOAIti SURF I1V'C'~~ foluid for the north~ti-est collier of said Lot 1R and conrilnllns ~~-ith the ~ti-est:rl;~ boiuldan°
laic of said Lot 1R. u2 all ?~?.-IO feet to a 1" uncle capped steel rod stamped ~"~•iOAK SL-R~' I:~C'~~ found:
THE\C'E South O1 degrees ?9 Inninutes ~~ seCaIldS East CalltlIllling ~'."1[ll Sald ~'.•e5[erly Uotuidan_• line. ~4~.;; feet
?a ille place of beguullil~ aInd CDIntalIllil~T O.ti64~ acres at land. ('4_x$8 Sq. fi.) Illare Or leSS.
,~,
-~~~~
~' ` ` a
City of Colleyville
City Hall
100 Main Street
Colleyville, Texas 76034
~° ~ ~- Agenda Briefing 817.503.1000
www.colleyville.com
File Number: 0-09-1738
File Number: 0-09-1738
Version: 1
Requester: Community
Development
Department
File Type: Ordinance
Agenda Date: 12/01/2009
Agenda No.: 7b
Status: Second Reading
Controlling Body: City Council
Final Action:
File Name: Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at
6509 Ponderosa Lane, Case ZC09-013
Attachments: Applicant Request to Continue Until December Applicant's Letter of Appeal Location and
Zoning Map Notification List Letters of Opposition Exhibits Provided by Applicant
Photos Submitted by Applicant Development Analysis Ordinance 0-09-1738
History of Legislative File
Version: Date: Acting Body: Action Text:
10/12/2009 Planning and Zoning
Commission
11/04/2009 City Council
11/17/2009 City Council
12/01/2009 City Council
Title
Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located
at 6509 Ponderosa Lane, Case ZC09-013
Explanation
Update
During the November 17, 2009, City Council meeting, City Council voted to continue this
item to the December 1, 2009 City Council meeting.
Second Reading and Public Hearing
There were two persons who spoke in favor of this request and one person who spoke
against this request at the November 4, 2009, City Council meeting.
The applicant has notified staff they are not able to attend the November 17, 2009 meeting
and have requested the item be continued to the December 1, 2009 City Council meeting.
First Reading and Public Hearing
Casey Ryan has submitted a request for a Special Use Permit (SUP) for two attached
City of Colleyville Page 1 Printed on 11/19/2009
Agenda Briefing Continued (0-09-1738)
carports on 0.45 acres located at 6509 Ponderosa Lane.
The two carports were constructed without a building permit in July 2009. Upon application
for a permit after the carports were completed, the applicant was informed that an SUP is
required for the construction of residential carports in Colleyville. Therefore, this SUP
request is to allow the two existing carports to remain as constructed on the property.
The accessory building, on which the carports are attached, was constructed in 2006 and
meets the requirements of the Land Development Code.
Waiver Request. Section 3.27 of the Land Development Code sets development
standards for carports. The existing carports do not comply with the following standards:
• A carport shall not exceed 480 square feet in area. The existing carports are 768
square feet in area.
• The setback for a detached carport located completely within the rear yard may be
up to five (5) feet from the property line. However, carport A does not comply with
this regulation as it is 1.5 feet from the side property line.
• The maximum number of carports allowed per lot is one. This lot contains two.
• A carport shall not have a flat roof (minimum 2:12 pitch). The existing carports do not
comply with this regulation.
• The construction of the posts shall be brick, stone or decorative metal between 12"
and 48" in width. The existing carports do not comply with this regulation as they are
constructed with steel.
Existing Conditions. The property is zoned R20-Single Family Residential and currently
developed for single family residential use. The property contains a single family residence
and the accessory and carport structures.
Adjacent Zoning and Development. All properties surrounding this lot are zoned
R20-Single Family Residential and are developed as single family residences.
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 carports
do not comply with five of the nine development regulations within the Land Development
Code. Non-compliant regulations include maximum size, side setback, maximum number
per lot, roof pitch and construction of posts.
Public Notification. Staff mailed notices to 14 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 seven (7) letters of opposition to this
request.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission recommended denial of the request by a vote of 6-0 with one abstension.
City of Colleyville Page 2 Printed on 11/19/2009
Agenda Briefing Continued (0-09-1738)
Supermajority Vote Requirement. Since the Planning and Zoning Commission voted to
recommend denial of the request, the request can only be approved by a supermajority vote
by the City Council.
Summary. The carports do not comply with the Land Development Code requirements
stated above. The applicant constructed the carports without obtaining the necessary
building permit or approval of an SUP. Staff has written the draft ordinance so that the
carports, if approved, would be allowed as constructed with the stipulations that in the event
that the carports are destroyed or damaged to an extent of more than 50% of their
replacement cost at the time of destruction, this SUP shall become null and void. If,
however, the case is denied by the City Council, the carports will be required to be removed.
Recommendation
Denial
City of Colleyville Page 3 Printed on 11/19/2009
Applicant Request to Continue Until December
Casey Ryan
6509 Ponderosa Lane
Colleyville, Tx, 76034
October 21, 2009
Planning and Zoning Commission
City of Colleyville
100 main street
Colleyville, TX ?6034
Dear Amy Shelley:
I would tike to request a hearing to over turn the recommendation of denial for the covers
I built over my motor home...
I will be out of town in November during the meeting... If I could request a later hearing
date In December...Thank you
Sincerely,
Casey Ryan
Applicant's Letter of Appeal
Casey Ryan
6509 Ponderosa Lane
Colleyville, Tx, 76034
October 21, 2009
Planning and Zoning Commission
City of Colleyville
100 main street
Colleyville, TX 76034
Dear Amy Shelley:
I would like to request a hearing to over turn the recommendation of denial for the covers
I built over my motor home...
I will be out of town in November during the meeting... If I could request a later hearing
date In December...Thank you
Sincerely,
Casey Ryan
RECEIVED
0 C t ~ 2 2009
Per .............
Location and Zoning Map
660 0
PUDR
PUDR
ML
6516 6517 6516 6517
6512 6513 Site 12 6513
6509 PUDC
AG 6508 6509 6508
6505 6504 6505
R2
6504 6501 6500 6501
1312
6500 6417 6416 6417
6413 6412 6413
6409 6408 6409
6412
6405
6404
6405
6401 6400 6401
Notification List
OWNER NAME
OWNER ADDR OWNER
CITY OWNER
STATE OWNER
ZIP
SITUS ADDR
R an, Arthur 6516 Ponderosa Ln Colle ville TX 76034 6516 Ponderosa Ln
Fuqua, William L 6517 Ponderosa Ln Colle ville TX 76034 6517 Ponderosa Ln
Martin, Don V Etux Iris 6516 Kin ston Colle ville TX 76034 6516 Kin ston Dr
Williams, Ral h Etux Louanne 201 Adams Ct Colle ville TX 76034 6512 Kin ston Dr
Current Owner 6513 Ponderosa Ln. Colle ville TX 76034 6513 Ponderosa Ln
Kniese, James E 6512 Ponderosa Ln Colle ville TX 76034 6512 Ponderosa Ln
Hanzelka, Joseph R 6508 Kin ston Colle ville TX 76034 6508 Kin ston Dr
R an, Gerald Case , A licant 6509 Ponderosa Ln Colle ville TX 76034 6509 Ponderosa Ln
Justiss, James E Etux Cind D 1420 W Wall St Grapevine TX 76051 6508 Ponderosa Ln
Shears, Thomas T Tr 6504 Kin ston Colle ville TX 76034 6504 Kin ston Dr
Bo les, Martin Etux Catherine 6505 Ponderosa Ln Colle ville TX 76034 6505 Ponderosa Ln
B erl , Mimi J Etvir Jeffre S 7109 Pebble Hill Dr Colle ville TX 76034 6504 Ponderosa Ln
Youn , Kenneth W Etux Rhonda 6500 Kin ston Colle ville TX 76034 6500 Kin ston Dr
Moeller, John A Etux Karla S 6501 Ponderosa Ln Colleyville TX 76034 6501 Ponderosa Ln
Latimer, Michael F Etux Cindy 6500 Por~deres~ ~n I Colioyyviile E TX •. '6034 65i~G' Por~derosa Ln
Public notices were mailed by Amy Shelley on Thursday, October 1, 2009.
Signature
Letters of Opposition
Community Development Department
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Planning and Zoning Commission
This is my written protest to the zoning change for 6509 Ponderosa Lane. The zoning
case number is ZC09-013.
I am a long time resident of our city. I moved to Colleyville in May of 1978. I started
working for the Colleyville Post OiTice in December of 1978.
I am now retired from the post office. I have recently started working part time in the
Villages of Colleyville. I have seen a lot of changes and most all
of the changes have benefitted the resideirts and the community.
Within reason, I believe our neighbors should be able to build structures, pursue their
interest and hobbies in their own back yard. But in this case, the design, materials used,
size of the structures, and open storage above the fence line, is out of place in a
residential neighborhood. This structure has a negative effect on our property. There
was no thought given to create harmony or a buffer between the properties. I am also
protesting everything on our adjoining property line.
Thanks in ad ante for your time and consideratio}-n~
[`
a H
6508 Kingston
Colleyville tx 76034
Community Development Department
City of Colleyville
100 Main Street
Colleyville, Texas 76034
Planning and Zoning Commission
This is my written protest to the zoning change for 6509 Ponderosa Lane. The zoning
case number is ZC09-013.
r
. ~~n g
~~~ ' ~ ~~~~ i' I ,,~~
y ~ ~~ /
i ~ (~~ ~' f"~~~`/ 1
i
October 6, 2009
Community Development Department
City of Colleyville
100 Maln Street
Colleyville Texas 76034
Planning and Zoning Commission
This is my written protest to the zoning change for 6509 Ponderosa Lane. The zoning case number is
ZC09-013
~~
Rhonda Crocker
Kenneth Young
6500 Kingston
Colleyville, TX 76034
6501 Ponderosa Lane
Colleyville, TX 76034
817-442-5271
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
October 5, 2009
Re: Zoning Case Number ZC09-013 (6509 Ponderosa Lane)
Dear Sir or Madam:
I am unable to attend to attend the hearing on 10!12/09. Therefore, I am writing this
letter in protest #o granting this zoning request. I am not in favor of this change due to it
negatively affecting the appeal and beautification of our street.
Thank you for taking my opposition to this request under consideration.
Sincerely,
_~~~~ '~,
Karla Moeller
Community Development Department
City of Colleyville
100 Main Street
Colleyville Tx 76034
Planning and Zoning Commission
This is my written protest for the zoning change at 6509 Ponderosa. The zoning case
number is ZC09-013.
z
% ~~~~~ 9
RECEIVED
O C T 0 9 2009
Per ..........,..
October 9, 2009
~P~~
City of Colleyville
id10 Main .Street
Colleyville, TX 76034
Re_ ~D'9-~O l3; C,a~ey Ryas, l~lpph~armt
To whom it may concern
Rre ace fly tbo the oiFa Serial Uae Permit hoc a Carport at 6~D'9
Ponderosa Lane. These two carports, already built without permits, can be seen from the
stlweeet. T7~ ane igitdy~, duo cat ~ ic~bo the mood and molt Fall mill be a
detriment to real estate values on Ponderosa Lane, McCain and Kingston.
baAt ^elalbed iien:
Mr. Casey Ryan appears to be operating a commercial e~erprise. in violation of the
aonmg won. Tlds is evidetaed by: l;~ his empkas patlVcing their
personal vehicles in the from Yazd at 6509 Ponderosa on a near daily basis; 2) same
EIS ~'iVing ani~ay .~ the Same ,addces5 cn paael ~ m~ced iNid C~ Fae;
3) the Mid City Fire vans aze loaded with supplies and equipment from the ugly metal
~barage buuldirtg locaut~d i~hind Ar1r. Ryan's ihouse. "The ygiy metal building nether
architecturally nor aesthetically fits the house at 6509 Ponderosa. Lane or other homes in
the suiro~riding area. 'tliiS, tz~o, is a detiir~t to teal es `vaL~.
What we think should occur:
l)'The ~t~ ~anld be rea~cd;
2) The ugly metal building should be:
re~ovtad, or the flaQt roaFremoved and rep~d wrath a rioof that has a piitclc simc`lar to
that of the house and the ugly metal siding should be covered with a facade that will fit
!ty and aeally with the hca~e and r Domes in the ssnroumding area..
Thank you for listening to our concerns and thank you for your service to our city and the
~umity_
Respectfully,
j ~ ~~ ~ ~rk~~Q
James and K~cy l~
6512 Ponderosa Lane RECEIVE D
`'`Ild° T~ ~~~ O C T 0 9 2009
Per .............
J
J
__ _
4 rt `~ ~~i ~~=- t~P -~-, ~. ~~ ~~=~ ~ = ' ;_~ ~ 1 ' ,.---rte N ! ~ ,~ `---ri}-~ ~ 1~,~ ~~
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RECEIVED
O C T 0 9 2009
Per •aa.vaaaa.o
Exhibits Provided by Applicant
~~
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FTOtafMtOe %O: TS7ZY04 G.F. No: A[Z0478TF62 CT
Tlee Co: HE%TERfAIR TITLE COMPANY
Plrchtmor: RYAN
PROPERTY oE9CRlPTION
L.aE 17, 8bd1 1, d NINGS'FON ADDFTION, an AdWYDn b Bta Clly d CaNeyvWe. TatTaclt CgRgy. TaTme, aomFdYy b the Plat
tltereo(Taoatdsd b VaMaRS 38632, Ppe 71, d tlta Plat RlDOrda d Tenrd Cautgr, Texae_
LOT 15 LOT 16 LOT 17
see-ss / 71 See-32 / 71 PROTRUSx)~ see-J2 / 71
END. S/~" RECORD - 100.00' ~ ,END. s/e' w.
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6509 PONDEROSA LANE
ktardiy to FwM Map ABA39C 0195 M e-2"95 TAia praparly n IIOIE: llaa aurvay pbl b eogAp
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- bcalw N Zana % NMCII LS NOT M Ola 100 Year apaclal IIpaE h0iara crap. tNa plat wNgrl Ula YwvgorE
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vlataear. d F
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7HE ABOVE ROOD STATEMENT L$ BAYD ON ME NAP PANCI 5'/10rN, ANO WHILC THIS SURVCY ala
a
aw. INa aurvay waa
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1NY NOT 410w 1NE PROPFNTY TO BE W iliE 100 YEAR SPECLIL FLOOD FIALtRO AREA, ALL
FED00 ZONES ARE SUBJECT TO SOME DECREE OF FtOWItJG
FOR YORE EiFORYATNXa COMACt ~~~ TMIa ' aO0 PaTCNOaar
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down ~ : IbrO far oRa aipa aw. 7NY aurvay
.
THE LOCAL FLOOOPIAW AWee57RATOR Olt FE1JA ~~ tNa prwp/Cl d en Sun~or. Do nol rmYa
anauBlarlAwa aopln a faaawMa d tlVa Aaoumant
SIAiVLYOR$ DERTIF1GTgN SCALE: 1" = 2D'
1. DAVx1 J- ROSE. REG61EREp PROFESSgF41 LAND SURVEYOR, HEREBY CERTIFY TENT
7M5 SIIRYEY WAS MADE ON THE GROUND UNDER MT SUPOiVL51oN AND CORRECRY SNOWS
TTe: eouNawY uNE. AND O+MENSIONS OF TNC INA) RDKA7ED 7MEREON, APID THAT SAID ~'
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ONLY 1fE E~NiS SNOYM ON TFIE REPTRQICEO NAi OF RECORD AND THOSE OF WNK71 THE I
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SURVEYOR NAS BEEN rrAh7F wRRmJ ND11CC FROM 1RLE COMPANY ARE SNOwN oN TWS PLAT.
SURV[Ypi OID NOT ABSTRACT THIS PROPENIY' AND REIJES SOLELY ON THE TRLE WORK FRONDED TO
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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 ZONIN G COMPARISON
Category Zoning Carport A Carport B
Re uirement
1. Maximum Size 480 s uare feet 288 s uare feet 480 s uare feet
2. Longest
Dimension 24 feet 24 feet 24 feet
Allowed
3. Maximum 15 ft. to highest 11 feet 14 feet
Hei ht oint of roof
4. Side Setback* 15 feet 1.5 feet
5. Rear Setback 5 feet 15 feet 15 feet
6. Maximum 1 1 1
Number per Lot
7. Paved Parking Concrete, asphalt In compliance In compliance
Surface or avestone
8. Roof Pitch 2:12 minimum Not in com liance Not in com liance
brick, stone or Not in compliance Not in compliance
9. Construction of decorative metal
Posts between 12" and
48" in width
*Side setback may be 5 feet due to accessory structure location completely
within the rear yard. However, height restrictions influence setback.
ORDINANCE 0-09-1738
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 CARPORTS ON LOT 11, BLOCK 1,
KINGSTON 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. ZC09-013; 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 0-09-1738
Page 2 of 4
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 the carports on Lot 11, Block 1 of the Kingston Addition, as
depicted on the Location and Zoning Map, attached as Exhibit "A", and the
Site Plan, attached as Exhibit "B" and as shown on the Building Elevation
Drawing attached as Exhibit "C".
Sec. 3. THAT the above described tract of land shown on Exhibit "A" shall be
used only in the manner and for the purposes provided by the
Comprehensive Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Sec. 4. THAT the above described tract of land shall be subject to the following
conditions:
1. General
a. No more than two carports shall be permitted and the carports shall
remain as shown on Exhibit "C" labeled Building Elevation Drawing
and shall meet the following requirements:
Carport A
(1) The carport shall have dimensions of 12 feet by 24 feet.
(2) The carport shall not exceed 288 square feet.
(3) The carport shall not exceed 11 feet in height.
(4) The carport shall be a minimum of 1.5 feet from the
side property line.
(5) The carport shall be located within the rear yard of the
subject lot and shall not be closer than 15 feet to the
rear property line.
(6) The carport shall be generally constructed of steel
columns and a metal roof.
Ordinance 0-09-1738
Page 3 of 4
Carport B
(1) The carport shall have dimensions of 20 feet by 24 feet.
(2) The carport shall not exceed 480 square feet.
(3) The carport shall not exceed 14 feet in height.
(4) The carport shall be a minimum of five (5) feet from the
side property line.
(5) The carport shall be located within the rear yard of the
subject lot and shall not be closer than 15 feet to the
rear property line.
(6) The carport shall be generally constructed of steel
columns and a tin roof.
b. In the event that any or all carports permitted under this ordinance
are destroyed or damaged to an extent of more than 50% of its
replacement cost at the time of destruction, this Special Use Permit
shall become null and void.
c. There shall be no additions allowed to either the carports approved
by this ordinance or the accessory building to which they are
attached without the approval of a new Special Use Permit by the
City Council.
d. The carports 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 0-09-1738
Page 4 of 4
Sec. 8. THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires
that this ordinance shall take effect immediately from and after its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
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
Location and Zoning Map -Exhibit "A"
660
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6517
6516
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AG
6512 Site
6513 12
6513
6509 6508 6509
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6500
6501
1312
6500 6417 6416 6417
6413 6412 6413
AG 6409 6408 6409
6412
6405
6404
6405
6401 6400 6401
Site Plan -Exhibit "B"
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Building Elevation Drawing -Exhibit "C"
~' City Hall
City of Colleyville 100 Main Street
~~'
~'~~~ ~~"~~ Colleyville, Texas 76034
'~~~~- Agenda Briefing 817.503.1000
www.colleyville.com
File Number: File Type: Report Status: Reports
Version: 1 Agenda Date: 12/01/2009 Controlling Body: City Council
Requester: Office of the City Agenda No.: 9a Final Action:
Secretary
File Name: Reports -December 1, 2009
Attachments: Parks and Recreation Advisory Board Minutes -September 14, 2009
History of Legislative File
Version: Date: Acting Body: Action Text:
1 12/01/2009 City Council
Title
Parks and Recreation Advisory Board Minutes -September 14, 2009
City of Colleyville Page 1 Printed on 11/18/2009
Git y of
~ Il~
Texas
PARKS AND RECREATION ADVISORY BOARD
MINUTES
Monday, September 14, 2009
6:00 p.m.
Steve Dalri called the meeting to order at 6:25 p.m. on Monday, September 14, 2009, at the
Parks and Recreation Office.
ROLL CALL: Steve Dalri, Brian Estridge, Rick Paddock, Debby Abitz, Suzanne
Hughes, Ken Llewellyn, Deena Dendy and Nancy Coplen, GCISD
Liaison
ABSENT: Vince Rosen
STAFF: Monica Walsh, Director of Parks and Recreation, Wanda Drexel,
Administrative Secretary, Sissy White, Recreation Supervisor and
Kelly Cooper, Assistant City Manager
Call to Order
2. Approval of August 3, 2009 Parks and Recreation Advisory Board Minutes
Rick Paddock moved to approve the August 3, 2009 Parks and Recreation Advisory Board
minutes. Debby Abitz seconded the motion. The vote was unanimous.
Discussion and Consideration of Redirecting Parkland Dedication Funds
Brian Estridge made a motion that the funds for the Castleton Trail improvements in the amount
of $7,044, McDonwell School Trail improvements, in the amount of $9,210, and Sparger Park
Trail in the amount of $4,672, be redirected and returned to the Parkland Dedication Fund
balance since these projects are complete. Rick Paddock seconded the motion. The vote was
unanimous.
4. Discussion and Consideration of Funding for Senior Center Open Space Elements
The Colleyville Development Economic Corporation (CEDC) approved $200,000, for the Senior
Center Open Space elements. The board suggested that the remaining $150,000, of the project
be funded with Parks and Recreation monies.
On September 14, 2009, the Park Land Dedication Committee voted on approving the monies
for the remaining $150,000, and the vote was a tie. This item was then forwarded on to the
Parks and Recreation Committee for consideration.
Parks and Recreation Advisory Board
September 14, 2009
Page 2 of 2
Brian Estridge made a motion to use Parks and Recreation monies in the amount of $150,000,
for funding of the Senior Center Open Space elements. Ken Llewellyn seconded the motion.
The vote was unanimous.
5. Recreation, Athletics, Tennis and Seniors' Reports
Sissy White, Recreation Supervisor, presented a report on the ongoing programs.
6. Park Operations and Capital Improvement Status Reports
Monica Walsh, Parks and Recreation Director, presented a status report on current projects.
7. Citizen Comments/Presentations Regarding Items not on the Agenda
None
8. Adjournment
Deena Dendy moved to adjourn at 7:03 p.m. Ken Llewellyn seconded the motion. The vote
was unanimous.
Respectfully submitted and approved:
J YR.rt~4. .~ _ sC~tr~i.~
Wanda Drexel, Administrative Assistant
RESOLUTION R-09-3173
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
DECEMBER 1, 2009
WHEREAS, Council has taken action on certain items on the agenda under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the agenda decisions approved by Council action under Business this
date and not otherwise adopted by Ordinance and/or separate Resolution as
follows are hereby adopted:
a. THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES,
ON THIS THE DAY OF
NAYS AND ABSTENTIONS
2009.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor