HomeMy WebLinkAboutCity Council-Agenda Packets-1/5/2010~,. , City s~f Colleyville
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Agenda
City Council
City Halt
100 iviain Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, January 5, 2010
CITY COUNCIL CHAMBERS
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
PC-1 Update of the 10 Year Street Capital Improvement Plan (CIP)
PC-2 Presentation and discussion of the Colleyville branding plan
PC-3 Discussion of a proposal to reexamine the SH26 reconstruction project
PC-4 Discussion of the January 5, 2010 City Council meeting 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. 551.071 -Legal -Consultation with attorney to receive confidential
advice regarding gas well drilling ordinance and regulations
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
7:00 P.M. -RECEPTION -STEVE DYE -POLICE CHIEF
City of Colleyville Page 1 Printed on 12/22/2009
(- j~~ Cn~~ncil Agenda ~~n-~ary ~, X010
RESUME REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Pastor J. Franks, Compass Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-10-3185
3. OATH OF OFFICE
Administer the Oath of Office to Steve Dye, Police Chief
4. ANNOUNCEMENTS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Plaque Presentations
In recognition of service on the Celebrate Colleyville Steering
Committee -Chuck Baudrau, Shelley Johnson, Sherry Pipkin and Robin
Waggoner
In recognition of service on the Colleyville Center Advisory Committee -
Dorie Cranshaw, Evelyn Englert, Muriel Havran and Connie Nichols
In recognition of service on the Colleyville Trails and Sidewalks
Committee - Bahjat McElroy
In recognition of service on the Parks and Recreation Advisory Board -
Deena Dendy and Brian Estridge
In recognition of service on the SH26 Advisory Committee -Dorie
Cranshaw
In recognition of service on the Traffic Safety Advisory Committee -
Dorie Cranshaw, Scott Evans and Carl Mitcham
City of Colleyville Page 2 Printed on 12/22/2009
City Council Agenda January 5, 2010
5. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3186
5a Approval of the minutes of the regular City Council meeting of December
15, 2009
5b Approval of McPherson Park Phase II construction change order five
with Dean Electric, Inc., in the amount of $58,627
6. ORDINANCE(S):
SECOND READING AND PUBLIC HEARING
6a 0-09-1740 Approval of an amendment to the PUDR-Planned Unit Development
Residential zoning and development requirements for the Cambridge
Place Addition located in the 600 block of Centerpark Drive, Case
ZC09-016
7. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
7a 0-10-1741 Approval of a request for a zoning change from CC1-Village Retail,
ML-Light Manufacturing and PUDC-Planned Unit Development
Commercial to PUDC-Planned Unit Development Commercial on Lot
R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres located at
6401 and 6405 Colleyville Boulevard, Case ZC09-010
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
9. REPORTS:
Planning and Zoning Commission Minutes -November 23, 2009
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 5,
2010 -Reading and Public Hearing -Resolution R-10-3187
11. ADJOURNMENT:
I hereby certify the above agenda was posted on the bulletin boards at City Hall on Tuesday,
December 22, 2009, by 5:00 p.m.
City of Colleyville Page 3 Prinied on 12/22/2009
City Council __ Agenda Jar.:,~~r; 5, 200
..,.,..,,.w..
Chia ingleton, TRMC, Cam.
City Secretary
Any matter on this agenda may, at the discretion of the governing body, be opened for public
comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 4 Printed on 12/22/2009
City Hall
~~-, City of Colleyville 100 Main Street
Colleyville, Texas 76034
Agenda Briefing 817.503.1000
www.colleyville.com
File Number:
Version: 1
Requester: Engineering
Department
File Type: Pre Council
Agenda Date: 01/05/2010
Agenda No.: PC-1
Status: Pre Council
Controlling Body: City Council
Final Action:
File Name: Update of the 10 Year Street Capital Improvement Plan (CIP)
Attachments: Updated Street CIP Financial Summary 10 Year Capital Improvement Plan Update.pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
01/05/2010 City Council
Title
Update of the 10 Year Street Capital Improvement Plan (CIP)
Explanation
The current Capital Improvement Plan (CIP) for streets and intersections was adopted by
City Council in September 2008. This plan was the result of a joint effort by City Council,
staff, and citizens to enhance existing municipal infrastructure and address traffic
congestion issues throughout the community.
Staff previously formulated a financing plan which allows several sources to be utilized in
funding the various projects over a 10 year period, including 2006 Tarrant County Bond
Program funds. Other identified funding sources include Street and Utility Impact Fees,
available General Fund cash balance, current year General Fund Street Maintenance
budget, Utility Fund Working Capital, and current year Drainage Operating Fund. The
adopted plan was established with the following assumptions and provisions:
1. The annual Street Maintenance budget would be established and maintained at a
level of $1 million over the course of the CIP.
2. Residual Street Maintenance funds will be rolled over each year and accumulated
until such time that sufficient funds are available to perform projects included in the
ten year plan.
3. All streets in the Tara Plantation and Saddlebrook subdivisions will be reconstructed
or micro-resurfaced in the designated years listed in the CIP utilizing General Fund
available cash.
4. Staff will continue to pursue additional funding sources which may become available
to assist in the implementation of the CIP.
City of Colleyville Page 1 Printed on 12/22/2009
Agenda Briefing Continued
The attached spreadsheet provides an update of the 10 Year Street CIP. It is anticipated
that the proposed roadway improvements can be performed throughout the ten year life of
the CIP if the current annual Street Maintenance budget is maintained.
Design of all proposed intersection improvement projects was originally scheduled from
Fiscal Year (FY) 2009 through FY 2012. However, design and construction of each
intersection relies substantially on impact fee revenue generated from new development.
Due to the dramatic decline in development activity over the last 14 months and
corresponding revenue reductions, it may become difficult to adequately fund certain
intersection projects within the time frames listed in the CIP, especially intersection projects
listed in FY 2012. Funding for proposed intersection projects through FY 2011 is
anticipated to be available through federal grants, Tarrant County matching bond funds,
annual Street Maintenance residual funds, and remaining Street and Utility Impact Fees.
The Intersection Improvement Plan more specifically details the level of available funding
for the proposed intersection projects. The Pleasant Run Road and John McCain Road
Intersection Project, as originally approved by City Council in September 2008, is funded in
the plan. However, due to a North Central Texas Council of Governments (NCTCOG)
administrative error, anticipated federal funds that were scheduled to be used for additional
roadway improvements on this project are no longer available.
Staff is initiating design of all projects included in FY 2010.
City of Co/leyville Page 2 Printed on 12/22/2009
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~~~wA, ~ -, 100 Main Street
~''`~~' Colleyville, Texas 76034
' ~ ~~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number:
Version: 1
Requester: Economic
Development
Department
File Type: Pre Council
Agenda Date: 01/05/2010
Agenda No.: PC-2
File Name: Presentation and discussion of the Colleyville branding plan
Attachments: Colleyville Brand Development Presentation.pdf
History of Legislative File
Final Action:
Version: Date: Acting Body: Action Text:
01/05/2010 City Council
Title
Presentation and discussion of the Colleyville branding plan
Explanation
At the City Council's September 29, 2009 strategic planning session, it was determined that
branding and positioning Colleyville for the future should be a top priority. The City Council
further affirmed that priority when it adopted "Brand Colleyville with a Unique Identity" as a
strategic point in the City's new strategic plan on November 17, 2009. The objectives
related to that strategic point include:
• Celebrate and promote Colleyville's willingness to be unique/set apart from
other cities.
• Capitalize on Colleyville's small town feel in the middle of the Metroplex.
• Assume the mantle of environmental leadership in Tarrant County.
• Celebrate Colleyville's unique destinations (Market Street, Lifetime Fitness,
IMAX).
In addition to the impending build-out of Colleyville, the current economic climate requires
the City to set itself apart in order to compete for business growth, job creation and new
construction projects. Timing is essential and Colleyville needs to nurture an environment
that is conducive to business and community development. Efforts including new entry
markers and wayfinding signs are positive first steps in creating a brand and sense of place
in Colleyville. By further developing Colleyville's brand, the City will be able to leverage
multiple resources to promote itself locally, regionally, statewide, and nationally. Amore
unified and consistent public image will serve Colleyville well in promoting the many unique
attributes that make it a special place to live, work, play, and stay.
Staff proposes afive-stage phase for brand development:
Status: Pre Council
Controlling Body: City Council
City of Colleyville Page 1 Printed on 12/22/2009
Agenda Briefing Continued
• Brand research
• Strategy
• Brand design
• Implementation
• Evaluation
The purpose of such a process is to develop a strong brand that will be of benefit to the
City, to make certain a brand that is consistent with City Council goals and to ensure a
brand the community can embrace and support.
This process, if initiated now, may be completed within the first quarter of 2010. The result
will be a new City logo, tagline, Brand Standards Manual, positioning statement (a
statement that represents what the City's brand stands for) brand attributes (specific
characteristics about the City), and key brand messages. Through the process, the City will
also identify brand champions to assist in promoting the new brand inside and outside of
Colleyville.
Based on the City Council's direction on this initiative, staff will proceed with brand
development with the process as proposed, as well as refine the project timeline, tasks and
deliverables. The research phase will begin immediately.
Staff will manage the brand development process internally and therefore, no immediate
budget impact is anticipated at this time. Anew logo and tagline may be introduced and
integrated over time, as new materials are printed.
City of Colleyville Page 2 Printed on 12/22/2009
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City Hall
~~'~ ~~; - City ~f CO~~e~/V~~~e 100 Main Street
- Colleyville, Texas 76034
' ~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number:
File Type: Pre Council
Status: Pre Council
Version: 1
Agenda Date: 01/05/2010
Controlling Body: City Council
Requester: Economic Agenda No.: PC-3 Final Action:
Development
Department
File Name: Discussion of a proposal to reexamine the SH26 reconstruction project
Attachments: Correspondence from Gateway dated November 30, 2009 Professional Services Agreement
History of Legislative File
Version: Date: Acting Body: Action Text:
01/05/2010 City Council
Title
Discussion of a proposal to reexamine the SH26 reconstruction project
Explanation
A citizen focus group comprised of those who work in commercial real estate brokerage,
development, and architecture met December 3, 2009 to discuss the draft Colleyville SH26
Overlay Zoning Ordinance and Design Guidelines. The focus group provided valuable input
regarding the proposed Overlay and addressed their concerns for the impact of the SH26
reconstruction project. In addition to the focus group meeting, staff met with Scott Polikov,
Gateway Planning Group, to discuss the SH26 construction project details and concerns.
Staff requested Gateway Planning Group to script a formal proposal to reexamine this
project in relation to the Texas Department of Transportation's (TxDOT's) newly-modified
Project Development Process Manual (a document Mr. Polikov helped revise). Mr. Polikov
has submitted a proposal to the City and partner Kimley-Horn and Associates. The
proposal is included with this item for your review.
Mr. Polikov advised staff he has since spoken with TxDOT officials about the SH26 project
and TxDOT is "very open to looking at a different approach" and feels it is necessary to "to
look at some new options to get this project done".
Scott Polikov will offer a brief presentation and answer questions. If City Council desires to
proceed, this item will be placed on the January 19, 2010 agenda for formal City Council
consideration.
City of Colleyville Page 1 Printed on 12/22/2009
November 30, 2009
Ms. Jennifer Fadden
City Manager
City of Colleyville
I00 Main Street
Colleyville, Texas 76034
Re: Colleyville Boulevard (SH 26) Revitalization Initiative
Dear Ms. Fadden:
I appreciated the opportunity to meet with you, the Mayor, Steve, Marty and Ron to discuss the
potential redesign of Colleyville Boulevard as not just an improvement of traffic operations but
also as a means to increase even further economic development within the corridor. The key
will be tying the future design of the roadway directly to the redevelopment adjacent to the
boulevard. The corridor overlay is a good start; but the direct
linkage between the roadway design and the adjacent
development is critical. That linkage will position Colleyville to
increase substantially economic development opportunities and
taxbase.
TxDOT is open to a new approach
Recognizing that partnerships focusing on economic development are
critical to future funding capacity, TxDOT has modified its Project
Development Process Manual to provide for greater recognition of
the development and nei hborhood context around state controlled
r-r,fe~t rex ~t F -_sss
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roadway facilities. By doing so, it also adopted the criteria available for better roadway design in
the Institute for Transportation Engineers (ITE) Manual for Walkable Urban
Thoroughfares. Remarkably, the revised Project Development Process Manual now recognizes
directly economic development goals of local communities:
For urban projects, particularly capacity improvements, the need for a project
may be determined from traffic modeling of future travel demands as well as
from the need for a sustainable street and transit network associated with
the potential project in the context o f desired -and uses and urban design
established in regional plans... neighborhood plans, other local plans...
public-private partnerships or economic development plans.
With a welcome focus on economic development, the TxDOT process invites a new look at the
design strategy for Colleyville Boulevard. As we discussed, TxDOT will be open to a new
approach in partnership with the City and with NCTCOG. The key for TxDOT will be that any
new design still serves regional transportation needs, as it also supports the contextual goals of
the City. As we discussed, the contextual goals of Colleyville should be embraced by NCTCOG
as Michael Morris and his colleagues are seeking ways to increase the leverage and sustainability
of future transportation investments, especially in corridors offering substantial infill potential
such as SH 26. In this context, the opportunity to forge a new partnership with TxDOT and
NCTCOG appears promising in terms of design and funding.
The perfect time to forge a new partnership
As you requested, we are providing a proposal to represent Colleyville to pursue a new
partnership with TxDOT and NCTCOG. We recommend a two (2) phased approach. The
first phase would entail determining whether a new partnership can be fashioned in the context
of an alternative design approach. If TxDOT and NCTCOG agree in principal, the second phase
would entail the actual redesign process and development of a refined corridor initiative
(regulatory and fiscal) to capture as effectively as possible value potential from that redesign.
We would lead those two phases of work for the City with our colleagues at Kimely-Horn.
Kimley-Horn has been supporting Gateway Planning Group in similar corridor initiatives such as
the reinvention of Duncanville's Main Street and, thereby, its downtown. (See Duncanville
Project Sheet attached.) Importantly, the ITE Manual for
Walkable Urban Thoroughfares adopted by TxDOT was drafted " !' _. !
by Kimley-Horn. In addition, Kimley-Horn has a working - •
history in the corridor. Accordingly, Kimley-Horn's ' • ~ ~ x ,£
~ ,-
participation on the team is advantageous to all. - _•
t ~ r
The key to this process will be to balance the accommodation .. ~ - ---
of future travel demand regionally with local access along and ~c~~-'~-i ...
into walkable mixed use development. We believe that the
need for significant traffic capacity-although the future •
demand may not be as substantial as the current SH 26 design
anticipates-can be accomplished while still providing for a high .
level of adjacent walkable development through a more urbane - -
design. (See Hutto Project Sheet Attached.) ~~~'
In this context, we recommend the following Phase I Tasks:
I. Initial meeting with senior representatives of TxDOT, NCTCOG and City to determine
conceptual restructuring of partnership for SH 26
2. Develop two very rough schematic concepts as alternatives to the current final design
for SH 26, including very rough estimates of traffic impacts (no modeling, rather
qualitative analysis) under the context sensitive solutions (CSS) approach
3. Develop very rough estimate of taxbase impacts from alternative concepts to determine
potential level of increase in value capture (no modeling, rather qualitative analysis)
4. One (I) follow up meeting with SH 26 Partners to assess (i) potential from the re-design
concepts and (ii) potential agreement to proceed with a new design/funding partnership
structure
5. Develop proposed structure for new design/funding partnership
6. Two (2) follow up meetings with SH 26 Partners to agree in concept on new
design/funding partnership (actual partnership/inter-local agreement would be detailed
and finalized in Phase 2)
We propose to undertake this initial phase of work for a fixed fee of $19,500.00. We will send
a proposed contract shortly for your consideration. Additional work, meetings and tasks would
be billed on an hourly basis as needed prior to Phase 2. Upon the completion of Phase I, we
propose to amend the contract to facilitate the Phase 2 work as we would then know at that
time the scope elements needed to complete the initiative through redesign.
We believe the timing is perfect to forge the right course for the Colleyville Boulevard Corridor
as was discussed in the Star Telegram last week.
Again, we appreciate the opportunity to serve you and the Colleyville Community
Sincerely,
Scott Polikov
Attachments
cc: Marty Wieder, Director of Economic Development
City of Duncanville Downtown Initiative (Main Street Corridor)
Duncanville, Texas, seeks to reinvent its Main Street into a
'" true mixed use destination. Main Street anchors historic
~r T.r-.,, r-~r~~ retail and the
_ center of city
' ~ - _~ j ~ ~ L~ ~- ~ government
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but has
lacked sustained growth for many years. Located
just south of Dallas on IH2O and a future
commuter rail transit line, Downtown Duncanville
has initiated an economic development strategy
to grow a market for downtown housing, higher
quality retail, additional upscale restaurants and
eventually substantial professional office users.
The key to sustained success will be the attraction
of young professionals and empty-nesters to live
in Duncanville as a complement to the great
family environment well established in the
community.
4
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The initiative entailed a community design process,
and the development of a detailed redevelopment master plan, including the conceptual design
oftransit-oriented development (TOD) around the planned location of the rail transit station at
Center and Main Streets. The master plan delineates areas for enhancement and likely locations
for substantial redevelopment anchored by the TOD.
The master plan includes a redesign of Main Street, with a better functioning traffic, improved
on-street parking and a pedestrian supportive streetscape. The master plan is being
implemented through a regulating plan - - - ----
and a form-based zoning district
,~..:. <<
prescribing urban design standards, while ~:
~~ ~
allowing wide latitude of appropriate ~ ~ ~ ~~ ~ ~
` ~ ~Y1
~~ ,
downtown uses with the increased tax
~~
base projections from the initiative, the ~-'
city has retained Kimley Horn and ~ _ ~~ ~ ' ~~
Gateway Planning to redesign and ~ ~ ~ ~ ` ~.~ ~~-
reconstruct Main Street to implement the _ ,k _ _ a~-
redevelopment vision. ~~~
Downtown Hutto Master Plan and Code (State Highway 79 Corridor)
Downtown Hutto stands at a crossroads, literally. Northeast of Austin
~ ~'~-'.: straddling State Highway 79 near the new State Highway 130 corridor,
1 ; i Hutto has exploded with growth. Hutto recently purchased the historic
~,~. ~, (; . I a :' . Grain Coop Site next to its historic downtown. This purchase of
.. ,~ . ; ~ - - ~ approximately 40 acres provides Hutto with the perfect location to
I~T~ •` {~ ~~ -~ ~ t ~`"°°' ` develop a new city hall in a town center context through apublic-
- - private partnership, enabling the town to prepare for the future while
embracing its downtown heritage.
In order to position downtown to
absorb a good share of quality growth,
the City selected ERO International and
Gateway Planning Group for the
initiative. Gateway Planning lead the
master planning effort for a new
downtown plan, the redesign of State
Highway 79 through downtown; and it
crafted a form-based code for the
rezoning undertaken to implement the
new master plan.
In parallel to the downtown initiative,
the City initiated development of a
redevelopment code, a form-based
code, for the city. Gateway Planning has extensive experience calibrating and adopting such
redevelopment codes. So it worked to utilize this form-based code for downtown. Gateway Planning
developed five additional design zones for the delicate design nuances of Historic Downtown Hutto,
as well as for the important transition areas between
the historic core and the surrounding neighborhoods,
as well as the high traffic frontage conditions along
State highway 79.
In this context, Gateway Planning worked with the
Texas Department of Transportation (TxDOT) on
behalf of the City to secure a redesign strategy of
State Highway 79 so that it not only moves cars
effectively but also complements the new downtown
master plan. This context sensitive solutions (CSS)
approach will ensure that downtown is not negatively
impacted by the adjacent high capacity roadway; but
rather takes advantage of the high traffic volumes
passing by everyday.
This downtown initiative has now positioned Hutto
to reinvent itself along SH 79 and to attract private
sector investment to sustain the redevelopment.
~~ i_. ,iii, ti,+
PROFESSIONAL SERVICES AGREEMENT
(Colleyville Boulevard - SH 26 Initiatives
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is entered into as of December , 2009 (the "Effective Date"),
by and between GATEWAY PLANNING GROUP, INC. ("Contractor"), located at 101 Summit Ave. Suite 606, Fort Worth. Texas
76102 and the CITY OF COLLEYVILLE, TEXAS. ("Client"), located at 100 Main Street, Colleyville, Texas 76034.
I. ENGAGEMENT. Client hereby retains Contractor and
Contractor hereby accepts engagement from Client to provide
services set forth in the tasks delineated on Schedule "I",
attached hereto (the "Services")for the redesign and redevelopment
of Colleyville Boulevard (SH 26).
2. COMPENSATION. Client shall pay Contractor a fixed fee of
$19,500.00 based on the tasks in Schedule "I", plus reimbursable
expenses, including, without limitation, travel, lodging, reprographics,
facilities rental, workshop supplies, and plotting. Specific allocations,
deductions or credits affecting the compensation to Contract must
be detailed in writing on Schedule "I" and established at the
outset of the engagement contemplated herein. Contractor shall
invoice client on a monthly basis pursuant to a percentage
completion of the tasks delineated in Schedule "I ", along with
reimbursable expenses incurred to date. All invoices shall be due
upon presentation and payable within twenty (20) business days.
Any local, state or federal taxes applicable to any of the services
provided by Contractor shall be added to the amount due. All other
services undertaken by Contractor and authorized by Client in
writing beyond those specified in Schedule "I" shall be
compensated at the rate of $275.00 per hour for principals, $225.00
per hour for senior designers, engineers and planners, $175.00 per
hour for designers, engineers and planners, and $105.00 per hour
for professional support staff, unless other arrangements are made
by mutual agreement. Contractor may sub-contract any portion of
the Services set forth on Schedule "I "; provided, however, any
increase in fees or compensation due to the use of such sub-
contracted services shall be approved in writing and by Client.
3. PROFESSIONAL STANDARDS. Contractor shall be responsible,
to the level of competency presently maintained by other practicing
professionals in the same type of work in Client's community, for
the professional and technical soundness, accuracy, and adequacy of
the work furnished under this Agreement.
4. TERMINATION. Either Client or Contractor may terminate this
Agreement by giving 30 days written notice to the other party. In
such event, Client shall forthwith pay Contractor in full for all work
previously authorized and performed prior to the effective date of
termination. If no notice of termination is given, relationships and
obligations created by this Agreement shall be terminated upon
completion of all applicable requirements of this Agreement.
agrees that Client shall, until expiration of one (I) year after final
payment by Client to Contractor, have access to and the right to
examine and photocopy directly pertinent documents, papers and
records of Contractor involving transactions relating to this
Agreement. Upon forty-eight (48) hours notice, Contractor shall
give Client access during normal working hours to all necessary
facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the
provisions of this section. Contractor at all times shall retain co-
ownership ofall final work product resulting from this Agreement
and may utilize it for any purposes including, without limitation,
marketing. Contractor shall retain sole ownership of source files,
digital files, drafts and working documents for all work product. If
Contractor displays contractor's logo or copyright designation on
any draft or final workproduct provided to Client, Client shall
continue to utilize and display on the workproduct that logo or
copyright designation if the workproduct is reproduced, used,
disseminated or displayed publicly or disseminated to any third
party unless other arrangements have been made by mutual
agreement. Contractor reserves the right to enforce its copyright
through all legal means including common law, statutory and
equitable remedies.
6. INSURANCE. During the term of this Agreement and for two
(2) years thereafter, Contractor shall keep in force General
Liability and Professional Liability Insurance coverage up to
$1,000,000.00 per occurrence and $1,000,000.00 in aggregate
total coverage, respectively.
7. ENTIRE AGREEMENT/ MODIFICATION. This Agreement,
including Schedule "I", attached, is the entire agreement
between the parties and supersedes all prior negotiations,
agreements and understanding relating to the subject matter of
this Agreement. This Agreement may only be modified or
amended in writing. Email communication constitutes a writing if
intended by both parties to be a writing under this paragraph.
8. ASSIGNMENT. Client understands that it may not assign this
Agreement or its rights hereunder, or delegate any or all of its
duties under this Agreement without written authorization from
Contractor. Except for the use of sub-contractors to perform
services, Contractor understands that it may not assign this
Agreement or its rights hereunder, without written authorization
from Client.
5. ACCESS TO RECORDS and WORKPRODUCT. Contractor
PROFESSIONAL SERVICES AGREEMENT' Page 1
9. LEGAL EXPENSES. In the event that legal action is taken by
either party to enforce any rights or remedies under this
Agreement, it is hereby agreed that the successful or prevailing party
shall be entitled to receive any costs, disbursements and reasonable
attorney's fees.
10. SEVERABILITY. In the event that any one or more of the
provisions contained in this Agreement shall be held invalid, illegal or
unenforceable in any respect, this Agreement shall be construed as if
such invalid, illegal or unenforceable provisions had never been
contained herein, and the enforceability of the remaining provisions
contained herein shall not be impaired thereby.
I I .BINDING EFFECT. The parties to this Agreement further agree
that the promises, covenants, and conditions herein shall be binding
upon the parties to this Agreement, their heirs, assigns, successors,
administrators, and representatives forever.
12. INDEMNIFICATION AND HOLD HARMLESS. Each party
agrees to indemnify and hold the other party, its heirs, assigns,
successors, administrators, and representatives harmless of and from
r~.~~ ,i,
any and all claims, actions, liabilities, losses, damages, suits or
causes of action brought by any third party, person or entity as a
result of any incident, event or occurrence giving rise to such
claims, to the extent such claims, actions, liabilities, losses,
damages, suits or causes of action are caused by any negligent act,
error or omission of the indemnifying party or any person or
organization for whom indemnifying party is legally liable.
13. LIMITATION OF LIABILITY. Contractor's liability for any
cause or combination of causes is, in the aggregate, limited to an
amount no greater than the fee paid to Contractor hereunder or
available insurance coverage delineated herein, whichever is
greater.
14. GOVERNING LAW. It is understood and agreed by the
parties that this Agreement shall be governed by and enforced in
accordance with the laws of the State of Texas.
IN WITNESS WHEREOF, this Agreement was executed by the parties as of the Effective Date.
GATEWAY PLANNING GROUP, INC.
By:
(Authorized signature)
Scott Polikov
Its: President
By:
(Client Authorized signature)
Jennifer Fadden
Its: City Manager, Colleyville
Date: December I, 2009
Date:
PKUh1iSS1UNAL SERVICES AGREEMEN"l Pagc 2
j°~Vv`c3
s ~„n,,,~ ~<~,~E~
Schedule "I"
Gateway Planning Group, Inc. shall undertake the tasks and provide the deliverables as follows:
Initial meeting with senior representatives of TxDOT, NCTCOG and City to determine conceptual
restructuring of partnership for SH 26
2. Develop two very rough schematic concepts as alternatives to the current final design for SH 26, including
very rough estimates of traffic impacts (no modeling, rather qualitative analysis) under the context sensitive
solutions (CSS) approach
3. Develop very rough estimate of taxbase impacts from alternative concepts to determine potential level of
increase in value capture (no modeling, rather qualitative analysis)
4. One (I) follow up meeting with SH 26 Partners to assess (i) potential from the re-design concepts and (ii)
potential agreement to proceed with a new design/funding partnership structure
5. Develop proposed structure for new design/funding partnership
6. Two (2) follow up meetings with SH 26 Partners to agree in concept on new design/funding partnership
(actual partnership/inter-local agreement would be detailed and finalized in Phase 2)
Client shall perform tasks or secure additional services, as necessary for implementation of the Services as described
herein. Contractor is not providing legal services in anyway; accordingly, legal review of the Contractor's work may be
necessary.
PROFESSIONAL SCRVICFS AGRCGMENT Pagc 3
City Hall
~~~' City Of CO~~e~/V~~~e 100 Main Street
@i f~ ~`r~'Ki'~i .
Colleyville, Texas 76034
Agenda Briefing 817.503.1000
www.colleyville.com
File Number: File Type: Pre Council Status: Pre Council
Version: 1 Agenda Date: 01/05/2010 Controlling Body: City Council
Requester: Office of the City Agenda No.: PC-4 Final Action:
Secretary
File Name: Discussion of the January 5, 2010 City Council meeting regular agenda items
Attachments:
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/05/2010 City Council
Title
Discussion of the January 5, 2010 City Council meeting regular agenda items
City of Colleyville Page 1 Printed on 12/16/2009
~~' ~~ City Hall
~ ~=, City of Colleyville 100 Main Street
~,w~.;~ ~,;~,..
:~~. Colleyville, Texas 76034
~~~~- Agenda Briefing 817.503.1000
vuww.colleyville.com
File Number:
File Type: Executive Session
Status: Executive Session
Version: 1 Agenda Date: 01/05/2010
Requester: Office of the City Agenda No.: 1
Secretary
File Name: Executive Session -Legal -January 5, 2010
Attachments:
History of Legislative File
Controlling Body: City Council
Final Action:
Version: Date: Acting Body: Action Text:
1 01/05/2010 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. 551.071 -Legal -Consultation with attorney to receive confidential advice regarding
gas well drilling ordinance and regulations
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 12/16/2009
RESOLUTION R-10-3185
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF
JANUARY 5, 2010
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, NAYS AND ABSTENTIONS
ON THIS THE DAY OF 2010.
ATTEST: CITY OF COLLEYVILLE
Cynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
City Hall
City of Colleyville 100 Main Street
~~+~ Colleyville, Texas 76034
~~ ~~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number: File Type: Oath of Office
Version: 1 Agenda Date: 01/05/2010
Requester: Office of the City Agenda No.: 3
Secretary
File Name: Administer the Oath of Office to Steve Dye, Police Chief
Attachments:
History of Legislative File
Status: Oath of Office
Controlling Body: City Council
Final Action:
Version: Date: Acting Body: Action Text:
1 01/05/2010 City Council
Title
Administer the Oath of Office to Steve Dye, Police Chief
City of Colleyville Page 1 Printed on 12/17/2009
~ 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: 01/05/2010 Controlling Body: City Council
Requester: Office of the City Agenda No.: 4
Secretary
File Name: Announcements and Presentations -January 5, 2010
Attachments:
History of Legislative File
Final Action:
Version: Date: Acting Body: Action Text:
1 01/05/2010 City Council
Title
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Plaque Presentations
In recognition of service on the Celebrate Colleyville Steering Committee -Chuck Baudrau,
Shelley Johnson, Sherry Pipkin and Robin Waggoner
In recognition of service on the Colleyville Center Advisory Committee -Dorie Cranshaw,
Evelyn Englert, Muriel Havran and Connie Nichols
In recognition of service on the Colleyville Trails and Sidewalks Committee - Bahjat McElroy
In recognition of service on the Parks and Recreation Advisory Board -Deena Dendy and
Brian Estridge
In recognition of service on the SH26 Advisory Committee -Dorie Cranshaw
In recognition of service on the Traffic Safety Advisory Committee -Dorie Cranshaw, Scott
Evans and Carl Mitcham
City of Colleyville Page 1 Printed on 12/22/2009
RESOLUTION R-10-3186
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR CITY
COUNCIL MEETING OF JANUARY 5, 2010
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 December
15, 2009
b. Approval of the McPherson Park Phase II construction change order five
with Dean Electric, Inc., in the amount of $58,627
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS
ON THIS THE DAY OF 2010.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
-~`'~ , City of Colleyville
,-~~'rvi.1,:
-- City Council Minutes -Draft
~. ,.,
City Council
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
vuww. col leyville.com
Tuesday, December 15, 2009
CITY COUNCIL CHAMBERS
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The Pre Council meeting of the Colleyville City Council was called to
order by Mayor David Kelly on December 15, 2009, at 5:31 p.m.
ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, 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, Senior Project Engineer Jeremy Hutt,
Finance Director Terry Leake, Interim Community Development
Director Ron Ruthven, Economic Development Director Marty
Wieder, Library Director Mary Rodne, Human Resources Manager
Elise Welborn, Colleyville Center Manager Lin Przybyl, Accountant
Karen Hines, Communications and Marketing Director Mona Gandy,
Parks and Recreation Director Monica Walsh, Building Official Bill
Elliott, Network Administrator Chris Pena, Management Assistant
Christine Loven, City Attorney Matthew Boyle and City Secretary
Cynthia Singleton were also present.
Presentation and discussion of the citizen survey
Assistant City Manager Kelly Cooper presented the citizen survey, a key
element in determining overall performance of services and identifying
citizen interests. Mrs. Cooper stated the proposed citizen survey is a
mail survey format with an Internet survey option and staff recommends
the survey be mailed to each home in Colleyville. Although a telephone
survey is considered statistically valid, it would only reach 400 citizens.
Mrs. Cooper further stated Raymond Turco & Associates developed the
survey instrument and Mr. Turco is present to answer questions of the
City Council.
Discussion ensued regarding the type of survey, survey content, order of
questions, response time, percentage of participation, survey as an
established benchmark and frequency of conducting a survey.
It was determined staff would proceed with the survey, that the word
"emphasize" in Question 15 would be changed to "focus on" and the
survey introductory letter would be from the City Council.
City of Colleyville Page 1 Printed on 12/22/2009
City Council City Council Minutes -Draft December 15, 2009
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Update of the McPherson Park Phase II Construction
Parks and Recreation Director Monica Walsh provided an update of
McPherson Park Phase II and stated the project is 98% complete and
answered questions of the City Council.
Ms. Walsh expressed appreciation to Councilmember Carol Wollin and
the Colleyville Garden Club for the donation of wind sculptures to the
park.
Ms. Walsh provided information regarding the project budget status,
proposed park modifications and pending items and the seasonal usage,
operation and life span of the Splash Pad.
Building Official Bill Elliott provided information regarding building code
upgrades to the structures.
Senior Project Engineer Jeremy Hutt presented an overview of the
Splash Pad alternatives, the maintenance and operation costs and
answered questions of the City Council.
Parks and Recreation Director Monica Walsh spoke regarding the
Milking and Display Barn renovation features.
Discussion ensued regarding the improvements and educational
opportunities for the Milking and Display Barn structures and the
potential need for an architect.
It was determined available funds will be reallocated to the Parks
Tomorrow Fund at the completion of the Phase II project.
Ms. Walsh stated a park dedication event will be planned for Spring
2010.
Presentation and discussion of the Energy Efficiency and Conservation
Block Grant recommended projects
Assistant City Manager Kelly Cooper presented information regarding
the Energy Efficiency and Conservation Block Grant (EECBG), Oncor's
50% match grant opportunity and potential City energy efficiency
projects. Mrs. Cooper stated the potential projects were ranked by the
management team and CLEAResult Consulting, who completed an
energy assessment for the City, utilizing the criteria of environmental
value, economic impact, consequence, appropriateness, project cost,
project lifecycle, alternate funding sources and timeline for completion
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City Council City Council Minutes -Draft December 15, 2009
and reviewed the list of projects eliminated due to project cost, the
inability to meet the required timeline for completion and minimal energy
efficiency return.
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Mrs. Cooper presented the potential projects for grant application
funding and stated staff recommends the $75,000 EECBG grant and the
Oncor 50% matching grant be utilized for the Senior Center HVAC and
lighting, Fire Station 3, HVAC and the City Hall and Library lighting
retrofit. She further stated the application grant deadline is January 15,
2010 and the grant approval is expected in March 2010.
It was determined that staff would proceed with the grant application
process.
City Manager Jennifer Fadden commended Assistant City Manager Kelly
Cooper and the Management Team for the analysis and
recommendation of projects.
Presentation of the Monthly Financial Report - November 2009
There was no presentation of this item.
Discussion of the December 15, 2009 City Council meeting regular
agenda items
There was general discussion of the board and committee appointments.
There being no further discussion, Mayor Kelly adjourned the Pre
Council meeting at 7:27 p.m.
The regular meeting of the Colleyville City Council was called to order by
Mayor David Kelly on December 15, 2009, at 7:27 p.m.
Mayor Kelly wished everyone a Merry Christmas and Happy New Year.
City of Colleyville Page 3 Printed on 12/22/2009
City Council City Council Minutes -Draft December 15, 2009
ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, 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, Senior Project Engineer Jeremy Hutt,
Finance Director Terry Leake, Interim Community Development
Director Ron Ruthven, Economic Development Director Marty
Wieder, Library Director Mary Rodne, Human Resources Manager
Elise Welborn, Colleyville Center Manager Lin Przybyl, Accountant
Karen Hines, Communications and Marketing Director Mona Gandy,
Parks and Recreation Director Monica Walsh, Building Official Bill
Elliott, Community Development Intern Sarah Coplen, Network
Administrator Chris Pena, Management Assistant Christine Loven,
City Attorney Matthew Boyle and City Secretary Cynthia Singleton
were also present.
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -Legal -Consultation with attorney on legal issues raised
by public hearing or action items on the agenda
Sec. 551.071 - Legal - Discussion of pending litigation - Rischon
Development Corporation v. City of Colleyville
Sec. 551.071 - Legal - Discussion of pending litigation - Barbara
Andrews v. City of Colleyville
Sec. 551.072 -Property -Deliberate the sale, exchange or value of real
property -Water well sites
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 7:27 p.m. and reconvened at 7:42 p.m.
INVOCATION: Pastor Lee Johnson, Bear Valley Community Church
PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle
City of Colleyville Page 4 Printed on 12/22/2009
City Council City Council Minutes -Draft December 15, 2009
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY
RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution
R-09-3174
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Mayor Kelly invited citizens to apply for the Citizens Fire Academy
beginning February 2010 and the Citizens Police Academy beginning in
January 2010 and learn about the behind-the-scenes activities and the
history of the fire and police service.
Councilmember Taylor stated the training is free and provides citizens an
opportunity to see what the men and women, who risk their lives for us,
experience every day.
Mayor Kelly presented a Proclamation to Steve Thompson, Information
Services Technician, City of Colleyville Employee of the Year.
Mr. Thompson expressed appreciation for the honor and recognition.
4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3175
4a Approval of the minutes of the regular City Council meeting of December
1, 2009
4b Approval of an Interlocal Agreement with Tarrant County for the Glade
Road and Pool Road Improvements, and authorizing the City Manager to
execute the agreement
4c Approval for the Fire Department to pursue grant funding through the
Staffing For Adequate Fire and Emergency Response (SAFER) program
4d Approval of an amendment to the Economic Incentive Agreement with
Colleyville Cinema Grille IMAX-THEATRE
4e Approval to nominate Mayor David Kelly to serve on the North Central
Texas Council of Governments (NCTCOG) Emergency Preparedness
Planning Council (EPPC)
Mayor Kelly read Resolution R-09-3175 in its entirety.
Mayor Kelly opened the public hearing.
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City Council City Council Minutes -Draft December 15, 2009
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Mayor Pro Tem Ayers moved to approve Resolution R-09-3175.
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
Councilmember Muhm requested information regarding Consent Item
4d, Approval of an amendment of the Economic Incentive Agreement
with Colleyville Cinema Grille IMAX-THEATRE.
Economic Development Director Marty Wieder stated there is no change
to the agreement as it was approved years ago, it is the exact same
agreement. As a result of changes in theatre ownership, certain
qualifications of the incentive agreement performance requirements have
not been met and the payments are behind schedule. Schulman
Partners, LTD, the current theatre operator, requests the incentive
payment schedule be expedited to mitigate film costs and pay for
promotional marketing of the Avatar film.
City Manager Jennifer Fadden stated the purpose of the amendment to
the incentive agreement is to provide for the complete digital conversion
of the theatre, both the IMAX Theatre, as well as the other seven
screens. She further stated, the current owner of the theatre is a bank
and is making an additional investment of approximately $1.5 million into
the cinema to upgrade the equipment, which will help preserve the IMAX
franchise. Mrs. Fadden further stated, staff is recommending approval of
the amendment in consideration of the owner and operator making the
improvements; there is a performance requirement that is part of this
amendment.
Mrs. Fadden further clarified, the funds are available in the City's
economic development incentive fund and the operator has been eligible
for those funds since 2005, when the IMAX agreement was executed
based on performance standards, which have not been met. Therefore,
this amendment is proposed so the funds can be advanced based on the
performance included in the amendment, which is the digital conversion.
City of Colleyville Page 6 Printed on 12/22/2009
City Council City Council Minutes -Draft December 15, 2009
5. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
5a 0-09-1740 Approval of an amendment to the PUDR-Planned Unit Development
Residential zoning and development requirements for the Cambridge
Place Addition located in the 600 block of Centerpark Drive, Case
ZC09-016
Mayor Kelly read the caption of Ordinance 0-09-1740.
6.
6a
Mayor Kelly read Resolution R-09-3176 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.
Mayor Kelly opened the floor for nominations.
Councilmember Wollin nominated Kenneth Llewellyn to Place 2, Rick
Paddock to Place 4, John Gooding to Place 6 and Natalie Genco to
Place 8, to serve on the Parks and Recreation Advisory Board.
There were no other nominations.
Councilmember Wollin moved to approve Resolution R-09-3176,
appointing Kenneth Llewellyn to Place 2, Rick Paddock to Place 4, John
Interim Community Development Director Ron Ruthven provided an
overview of the request for an amendment to the Planned Unit
Development Residential (PUDR) zoning and development requirements
and stated because it is a PUDR, it requires City Council consideration.
He further stated the Planning and Zoning Commission recommended
approval and staff recommends approval with the recommendations
listed in the proposed ordinance.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
RESOLUTION(S):
READING AND PUBLIC HEARING
R-09-3176 Consideration of appointments to the Parks and Recreation Advisory
Board
Cify of Colleyville Page 7 Printed on 12/22/2009
City Council City Council Minutes -Draft December 15, 2009
Gooding to Place 6 and Natalie Genco to Place 8, of the Parks and
Recreation Advisory Board with a term expiring December 2011.
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
6b R-09-3177 Consideration of appointments to the Celebrate Colleyville Steering
Committee
Mayor Kelly read Resolution R-09-3177 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.
Mayor Kelly opened the floor for nominations.
Councilmember Hall nominated Pete Challinor, Linda Salisbury, Carmen
Thayer and Kimberly Walton to serve on the Celebrate Colleyville
Steering Committee.
There were no other nominations.
Councilmember Hall moved to approve Resolution R-09-3177,
appointing Pete Challinor, Linda Salisbury, Carmen Thayer and Kimberly
Walton to the Celebrate Colleyville Steering Committee.
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
City Council requested staff advertise the remaining open position on the
Celebrate Colleyville Steering Committee.
Councilmember Muhm encouraged citizens to apply to serve on the
Celebrate Colleyville Steering Committee and stated it is a fun event to
plan.
City of Colleyville Page 8 Printed on 12/22/2009
City Council City Council Minutes -Draft December 15, 2009
6c
R-09-3178
Consideration of appointments to the SH26 Advisory Committee
6d
R-09-3179
Mayor Kelly read Resolution R-09-3178 in its entirety.
Mayor Kelly opened public hearing.
There was no one present wishing to speak concerning this item and
Mayor Kelly closed the public hearing.
Mayor Kelly opened the floor for nominations.
Councilmember Muhm nominated Joe Allen, Robert Goble, Jeff
Kavanaugh, Dee McNosky and Alan Greer to serve on the SH26
Advisory Committee.
There were no other nominations.
Councilmember Muhm moved to approve Resolution R-09-3178
appointing Joe Allen, Robert Goble, Jeff Kavanaugh, Dee McNosky and
Alan Greer to serve on the SH26 Advisory Committee.
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
Consideration of appointments to the Colleyville Trails and Sidewalks
Committee
Mayor Kelly read Resolution R-09-3179 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Mayor Kelly opened the floor for nominations to the Colleyville Trails and
Sidewalks Committee.
Councilmember Hall nominated Judy Atwood, Gail Manion and Mike
O'Shields to the Colleyville Trails and Sidewalks Committee.
There were no other nominations.
City of Colleyville Page 9 Printed on 12/22/2009
City Council City Council Minutes December 15, 2009
Councilmember Hall moved to approve Resolution R-09-3179,
appointing Judy Atwood, Gail Manion and Mike O'Shields to the
Colleyville Trails and Sidewalks Committee.
Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
6e R-09-3180 Consideration of appointments to the Colleyville Center Advisory
Committee
Mayor Kelly read Resolution R-09-3180 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Mayor Kelly opened the floor for nominations to the Colleyville Center
Advisory Committee.
Councilmember Wollin nominated Jon Bullock representing the
Colleyville Rotary Club, Suzanne Harrington representing the Colleyville
Woman's Club, Cathy Hernandez representing ARTSNET and at-large
members John Gray, Deena Dendy, Mark Johnson and Fred Mills to
serve on the Colleyville Center Advisory Committee.
There were no other nominations.
Councilmember Wollin moved to approve Resolution R-09-3180,
appointing Jon Bullock representing the Colleyville Rotary Club, Suzanne
Harrington, Colleyville Woman's Club, Cathy Hernandez representing
ARTSNET and at-large members John Gray, Deena Dendy, Mark
Johnson and Fred Mills to the Colleyville Center Advisory Committee and
to advertise the remaining open position.
Councilmember Muhm seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
City of Colleyville Page 10 Printed on 1/6/2010
City Council City Council Minutes -Draft December 15, 2009
6f R-09-3181 Consideration of appointments to the Traffic Safety Advisory Committee
Mayor Kelly read Resolution R-09-3181 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Mayor Kelly opened the floor for nominations to the Traffic Safety
Advisory Committee.
Councilmember Hart nominated Kristina Cramb and Jim Tressler to the
Traffic Safety Advisory Committee.
There were no other nominations.
Councilmember Hart moved to approve Resolution R-09-3181,
appointing Kristina Cramb and Jim Tressler to the Traffic Safety Advisory
Committee.
Councilmember Wollin seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
6g R-09-3182 Consideration of appointment to the Zoning Board of Adjustment
Mayor Kelly read Resolution R-09-3182 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Mayor Kelly opened the floor for nominations to the Zoning Board of
Adjustment, Alternate 2, with the unexpired term of September 2010.
Councilmember Hall nominated Tracy Doyle to serve on the Zoning
Board of Adjustment.
There were no other nominations.
City of Colleyville Page 11 Printed on 12/22/2009
City Council City Council Minutes -Draft December 15, 2009
Councilmember Hall moved to approve Resolution R-09-3182,
appointing Tracy Doyle to the Zoning Board of Adjustment.
Mayor Pro Tem Ayers seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
6h R-09-3183 Approval to amend and replace Resolution R-08-2980, adopting Rules of
Procedure for City Council meetings pursuant to the authority granted in
Section 3.096 of the City Charter and establishing an effective date
Mayor Kelly read Resolution R-09-3183 in its entirety.
Mayor Kelly opened the public hearing.
There was no one present wishing to speak and Mayor Kelly closed the
public hearing.
Mayor Pro Tem Ayers moved to approve Resolution R-09-3183.
Mayor Kelly seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak concerning this item.
8. REPORTS:
Colleyville Center Advisory Committee Minutes -August 24, 2009
Planning and Zoning Commission Minutes -November 9, 2009
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION
RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 15,
2009 -Reading and Public Hearing -Resolution R-09-3184
This resolution was not needed.
City of Colleyville Page 12 Printed on 12/22/2009
City Council City Council Minutes -Draft December 15, 2009
10. ADJOURNMENT:
There being no further business before the City Council, Councilmember
Muhm moved to adjourn.
Councilmember Hall seconded the motion.
The motion carried by the following vote:
Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon
Ayers, Tom Hart, Mike Taylor
Mayor Kelly adjourned the meeting at 8:12 p.m. and wished everyone a
Merry Christmas and a Happy New Year.
APPROVED BY A VOTE OF AYES, NAYS AND
ABSTENTIONS ON THIS THE DAY OF 2010.
Minutes taken and prepared by:
Cynthia Singleton, TRMC, CMC
City Secretary
City of Colleyville Page 13 Printed on 12/22/2009
City Hall
~~- City of Colleyville 100 Main Street
~k~r;~~`i~_
:- Colleyville, Texas 76034
- Agenda Briefing 817.503.1000
www.colleyville.com
File Number:
Version: 1
File Type: Resolution
Agenda Date: 01 /05/2010
Requester: Parks and Recreation Agenda No.: 5b
Department
Status: Consent Agenda
Controlling Body: City Council
Final Action:
File Name: Approval of McPherson Park Phase II construction change order five with Dean Electric, Inc., in
the amount of $58,627
Attachments: McPherson Park change order five
History of Legislative File
Version: Date: Acting Body: Action Text:
01/05/2010 City Council
Title
Approval of McPherson Park Phase II construction change order five with Dean Electric,
Inc., in the amount of $58,627
Explanation
Reading and Public Hearing
The City Council approved a construction contract with Dean Electric, Inc., for construction
of McPherson Park Phase II, in the amount of $1,800,000, which included a 22%
construction contingency, in the amount of $324,577. To date, the contractor has
completed 98% of McPherson Park Phase II.
Based on discussion and direction from the City Council at the December 15, 2009, Pre
Council meeting, staff recommends City Council consideration of the following renovations
and improvements:
• Display Barn Renovation $35,982
• Maintenance Barn Improvements $14,445
• Water Tank Storage Fencing Improvements $ 8,200
Financial Impact
The construction contingency fund balance is approximately $286,420. Funding of change
order five for the improvements will leave a contingency fund balance of $227,793 to
complete the project, including any milking barn improvements, sustainable signage,
furniture, fixtures and equipment for the Rock House, and any other final punch list items.
The funds are available in the Parks Tomorrow Fund and Voluntary Park Fund.
Cify of Colleyville Page 1 Printed on 12/22/2009
Agenda Briefing Continued
Recommendation
Approval
City of Colleyville Page 2 Printed on 12/22/2009
Change Order
City of Colleyville
Date: January 5, 2009
10~ Malri Street Owner: City of Colleyville
COlleyVllle, Texas 7634 Contractor: Wean Construction
~g 17~ 503' 1090 Project name: McPherson Park, Phase 2
Change order number: 5
You are directed to make the following changes in this contract:
Display Barn $35,982.00
New Steel Structure
Wrap columns with wood
Concrete Bays
Fencing
Provide and install siding for the Maintenance Barn $14,445.00
Provide and install PDS strips for the Water Tower Fence $8,200.00
The original bid sum was:
Net amount of previous change orders:
'Cotal original bid amount plus or minus net change orders:
'I'ota] amount of this change order:
"1'he new contract amount including this change order will be:
"17ie contract time will be changed by the following number of days:
"1'he date of completion as of the date of this change order is:
Contractor:
Dean Electric Inc., dba Dean Construction
Company name
701 Hall Street
Address
Cedar Hill, Tx 75104
City, State, Zip
Date
Owner:
City of Colleyville
$1,475,423.00
$25,798.89
$1,501,221.89
$58,627.00
$1,559,848.89
( 60 )Days
March 25, 2010
Name
100 Main Street
Address
Colleyville, Tx 76034
City, State, Zip
Date
Signature Signature
Cambridge Place ARC
3500 Maple Ave
Suite 1165
Dallas, .Texas 75219
19/09/09
Via Email: Ms Fran Gray, fk008@sbcglobal.net
RE: Home Addition Application for 624 Creekview Lane, Colleyville, Texas
Dear Ms. Gray:
The Cambridge Place ARC has approved the design for your proposed backyard
covered porch subject to the City of Colleyville granting the required side setback
variance. This will be a very handsome addition to your home. Thank you for your
sensitivity to the architectural integrity of the neighborhood.
Sincerely:
William Gietema, Jr.
CPHOA
City of Colleyville City Hall
A~ '~~~~•~.~~`~~ 100 Main Street
~..VA. ~'7fT ~__ .
Colleyville, Texas 76034
~~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number: 0-09-1740
File Number: 0-09-1740
Version: 1
Requester: Community
Development
Department
File Type: Ordinance
Agenda Date: 01 /05/2010
Agenda No.: 6a
Status: Second Reading
Controlling Body: City Council
Final Action:
File Name: Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and
development requirements for the Cambridge Place Addition located in the 600 block of
Centerpark Drive, Case ZC09-016
Attachments: Location and Zoning Map Notification List Statement of Planning Objectives -Variance
Checklist Exhibit from Applicant Elevation Exhibit Photos Provided by Applicant
Ordinance 0-04-1467 Ordinance 0-09-1740
History of Legislative File
Version: Date: Acting Body: Action Text:
11/23/2009 Planning and Zoning
Commission
12/15/2009 City Council
01/05/2010 City Council
Title
Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and
development requirements for the Cambridge Place Addition located in the 600 block of
Centerpark Drive, Case ZC09-016
Explanation
Second Reading and Public Hearing
There were no speakers for this request at the December 15, 2009 meeting.
First Reading and Public Hearing
David Gaona is the applicant fora 0.3 acre tract of land located at 624 Creekview Lane.
The applicant has submitted a request to amend Ordinance 0-04-1467 in order to allow a
three foot setback encroachment on the front building line of Lot 10, Block B of the
Cambridge Place Addition located at 624 Creekview Lane.
Existing Zoning. The PUDR-Planned Unit Development Residential Ordinance 0-04-1467
for the Cambridge Place Addition was approved by City Council on July 6, 2004, and allows
for a front building line of 15 feet. The Cambridge Place Addition includes 36 residential lots
and currently has 18 homes constructed.
City of Colleyville Page 1 Printed on 12/18/2009
Agenda Briefin_q Continued (0-09-1740)
Proposed Zoning Amendment. Under straight zoning classifications such as R20-Single
Family Residential, a setback variance similar to this request would be considered by the
Zoning Board of Adjustment. However, in the instance a property that is zoned
PUD-Planned Unit Development (commercial or residential), any variance to a specific
requirement prescribed by the PUD ordinance, can only be granted through an amendment
to the PUD ordinance. Therefore, the applicant is seeking to amend the existing ordinance
to allow for the construction and addition of a covered porch to the southwest side of the
existing single family residence to be constructed to the same architectural style of the
existing home and will encroach on the front building line by 31 inches.
The applicant states he has examined other areas in which to add a covered porch and
feels having the porch on this side of the house will provide the best fit.
Master Plan. The Colleyville Plan designates the subject property for single family
residential uses.
Surrounding Properties. The surrounding properties consist of a variety of land uses.
The properties to the west are zoned CC2-Shopping Center and are developed as offices
and a restaurant. The property to the north is also zoned CC2-Shopping Center and is
developed as a shopping center. The properties to the east are zoned R-MF-Multi-Family
Residential and are developed as single family residences. The property to the south is
zoned CC2-Shopping Center and is undeveloped.
Public Notification. Given the PUD amendment, staff mailed notices to all property
owners within the PUD (36 property owners) and within 200 feet of the PUD, which totals to
66 property owners, regarding this request. Notice was published in the Fort Worth
Star-Telegram as required by state law and the Land Development Code. Staff has
received no correspondence regarding the request.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission recommended approval of the request at the November 23, 2009 meeting by a
vote of 6-0.
Summary. The applicant's request will result in a reduction of the building line at the point
of the encroachment for the subject lot when compared to the original project.
Recommendation
Approval with the conditions stated in the draft ordinance.
City of Colleyville Page 2 Printed on 12/16/2009
Location and Zoning Map
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Notification List
OWNER NAME
OWNER ADDR
OWNER CITY OWNER
STATE OWNER
ZIP
SITUS ADDR
Colleyville 26 Crossing Ltd 8235 Douglas Ave Ste 950 Dallas TX 75225 4701 Colleyville Blvd
Daunis, Walter F & Letaine 8900 Crest Wood Dr Fort Worth TX 76179 4609 Colleyville Blvd
Realty Income Texas Prop Lp PO Box 460069 Escondido CA 92046 4700 Glade Creek Dr
Computer Supplies Lp 714 Centerpark Dr Ste 140 Colleyville TX 76034 710 Centerpark
Schwab Group Llc 714 Centerpark Dr Ste 100 Colleyville TX 76034 714 Centerpark
Tlh Realty Investments Ltd 4512 Dartmoore Ln Colleyville TX 76034 4607 Colleyville Blvd
Betty B Pannell Rev Liv Tr 714 Centerpark Dr Ste 140 Colleyville TX 76034 710 Centerpark
Blockbuster Investment Ltd 2317 Clearview Ct Lewisville TX 75057 4608 Colleyville Blvd
Wren, Donald C Etux Barbara 4704 Lakeshore Ct Colleyville TX 76034 4704 Lakeshore Ct
Computer Supplies Lp 714 Centerpark Dr Ste 140 Colleyville TX 76034 710 Centerpark
Computer Supplies Lp 714 Centerpark Dr Ste 140 Colleyville TX 76034 710 Centerpark
Trow, Bradley M PO Box 1201 Hurst TX 76053 4605 Colleyville Blvd
Sawyer, Matthew Etux Christi 4700 Lakeshore Ct Colleyville TX 76034 4700 Lakeshore Ct
Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 601 Creekview Ln
Ebna-Gina Inc 4100 Felps Dr # F Colleyville TX 76034 Colleyville Blvd
Singh, Harjinder Pal 8801 Country Glen Xing Plano TX 75024 4602 Colleyville Blvd
Trinity River Authority Of Tx 5300 S Collins St Arlington TX 76018 4602 Bransford Rd
Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 605 Creekview Ln
4507 Colleyville Blvd Llc 714 Centerpark Dr Ste 140 Colleyville TX 76034 4603 Colleyville Blvd
Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 609 Creekview Ln
Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 600 Creekview Ln
Cambridge Homes Inc 2828 E Trinty Mls Rd Carrollton TX 75006 808 Creekview Ln
Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 812 Creekview Ln
Fick, Gary Etux Rebecca Cast 804 Creekview Ln Colleyville TX 76034 804 Creekview Ln
Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 800 Creekview Ln
Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 Creekview Ln, street
Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 613 Creekview Ln
Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 604 Creekview Ln
Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 833 Creekview Ln
Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 724 Creekview Ln
Mirzadeh, Marzia 4608 Clearwater Ct Colleyville TX 76034 4608 Clearwater Ct
Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 617 Creekview Ln
Donato, Mario Jr Etux Melissa 4612 Clearwater Ct Colleyville TX 76034 4612 Clearwater Ct
Johnson, Yvonne F 608 Creekview Ln Colleyville TX 76034 608 Creekview Ln
Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 829 Creekview Ln
Cambridge Homes Inc 2828 E Trinty Mls Rd Carrollton TX 75006 621 Creekview Ln
Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 825 Creekview Ln
Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 726 Creekview Ln
Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 610 Creekview Ln
Dehart, Jack Sr Etux Doris 737 Creekview Ln Colleyville TX 76034 737 Creekview Ln
Buttrill, Robert Etux Linda 118 Rock N Robyn Horseshoe Bay TX 78657 733 Creekview Ln
Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 801 Creekview Ln
Sorlie, Victor A Etux Linda 729 Creekview Ln Colleyville TX 76034 729 Creekview Ln
Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 625 Creekview Ln
Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 805 Creekview Ln
Cambridge Homes Inc 2828 E Trinty Mls Rd Ste 300 Carrollton TX 75006 821 Creekview Ln
Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 725 Creekview Ln
Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 633 Creekview Ln
Ownen, Geoffrey R Etux Helen M 809 Creekview Ln Colleyville TX 76034 809 Creekview Ln
Gray, James C Etux Frances A 624 Creekview Ln Colleyville TX 76034 624 Creekview Ln
Ross, Peter M Etux Mickey K 721 Creekview Ln Colleyville TX 76034 721 Creekview Ln
Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 813 Creekview Ln
Wilson, Edwin E 817 Creekview Ln Colleyville TX 76034 817 Creekview Ln
Curtis, Eleanor K Tr 629 Creekview Ln Colleyville TX 76034 629 Creekview Ln
Chandler, Raman PO Box 611 Colleyville TX 76034 4501 Colleyville Blvd
Winstead, Debra A 717 Creekview Ln Colleyville TX 76034 717 Creekview Ln
Hardin, Marian M 713 Creekview Ln Colleyville TX 76034 713 Creekview Ln
Cambridge Homes Inc 2828 E Trinty Mls Rd Carrollton TX 75006 701 Creekview Ln
Yellock, Johnnie Etux Reagan 709 Creekview Ln Colleyville TX 76034 709 Creekview Ln
Charon, Phillip Etux Kathleen 4604 Clearwater Ct Colleyville TX 76034 4604 Clearwater Ct
Drennan, Billy Etux Frances 705 Creekview Ln Colleyville TX 76034 705 Creekview Ln
Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 Colleyville Blvd
Miller, Robert T Jr Etux Dee D 4600 Clearwater Ct Colleyville TX 76034 4600 Clearwater Ct
Geary, Daniel B 4601 Clearwater Ct Colleyville TX 76034 4601 Clearwater Ct
Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 628 Creekview Ln
David Gaona, applicant 2808 Tumbleweed Grapevine TX 76051 applicant
Public hearing notices were mailed on Thursday, November 12, 2009 by Amy Shelley.
Statement of Planning Objectives
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Please answer the following questions as completely as possible. Failure to outline fully the situation by
answering these questions could cause unnecessary delay in evaluating your appeal. Additional pages may be
attached if necessary.
Have you applied for a building permit? ^ Yes ~ No
Have you filed an appeal or petition on this property before? C:1 No ~d Yes
t Completely describe the variance you are requesting
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2. Do similar conditions exist in the area? Explain. t
3. Describe how the unique conditions or circumstances do not result from your actions.
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4. Is there any way to do what you want without this request?
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I certify that the above information is correct and complete to the best of my knowledge and ability and that I am now or
will be fully prepared to present the above proposal at the Zoning Board of Adjustment hearing.
I understand that in the event that I am not present or represented at the public hearing, the Board shall have the power
to dismiss this proposa! either at the call of the case or after the hearing, and that such dismissal shall constitute a
denial.
I reserve the right to withdraw this proposal at any tirrre upon written request filed with the Community Development
Department, and such withdrawal shall immediately stop all proceedings. I understand the filing fee is not refundable
upon withdrawal of the proposal after public notice.
I understand that if the request is approved, I must obtain a building permit from the City before any work is started on
the property, and that the Board's action does not constitute the approval of a building permit.
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ORDINANCE 0-04-1467
AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND
DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING
THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 4R, BLOCK
1, CENTERPARK ADDITION, FROM THE CC2 SHOPPING CENTER
COMMERCIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT
RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS
ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, an application for a zoning change was filed by Arcadia Realty
Corporation on January 19, 2004, under Case No. Z-04-010; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the Zoning Map attached as Exhibit "A", and described as
Lot 4R, Block 1, Centerpark Addition, by changing the zoning of said
property from the CC2 Shopping Center Commercial district to the
PUD-R Planned Unit Development Residential district, as shown on
the attached Exhibit "B", including any other conditions and
restrictions imposed and approved by the City Council, which are
incorporated herein.
Sec. 2. THAT the PUD-R shall be subject to the following conditions:
1. GENERAL
a. The purpose of the PUD-R area is for single-family residential
development.
Ordinance 0-04-1467
Page 2 of 6
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by
this Ordinance.
2. PERMITTED USES
a. Single family residences, detached
b. Open space
3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
a. Residential lot requirements and setbacks shall comply with the
following provisions:
(1) Minimum Lot Size 4,500 square feet
(2) Average Lot Size 5,300 square feet
(2) Minimum Lot Width 50 feet
(3) Minimum Lot Depth 58 feet
(4) Front Building Line 15 feet
(5) Front Set back to 18 feet
Garage doors facing
street
(6) Side Building Line 3 feet and 7 feet
(7) Side Setback to 10 feet
street Right-of-Way
(8) Rear Building Line 10 feet
b. The maximum number of single-family lots allowed within this
development shall be thirty-six (36) lots.
4. OPEN SPACE
a. The PUD-R area shall provide a minimum of twenty (20%)
percent of the residential project area as common open space
for the leisure and recreational use of the development's
residents. The open space shall comply with the provisions
contained in the Land Development Code.
b. The common open space may be utilized for storm water
detention purposes. However, storm water detention is not
required.
c. Street trees will be planted approximately 3 feet behind the
back-of-curb.
Ordinance 0-04-1467
Page 3 of 6
5. CONCEPTUAL SITE PLANS AND PLATTING
a. The residential lot layout of the PUD-R area shall be generally
consistent with the conceptual site plan attached as Exhibit "B",
which shall be not considered the preliminary plat. The actual
street and lot arrangement may differ from that shown on Exhibit
"B" to accommodate physical, topographic, drainage or other
conditions.
b. Prior to the issuance of any development permits on the subject
property and as a condition to the development of the subject
property, the developer shall obtain approval of a preliminary
plat and a final plat of the property in accordance with the
procedures and requirements of the Colleyville Land
Development Code.
6. SIDEWALKS AND TRAILS
a. A five (5)-foot wide sidewalk shall be constructed along the
north side of the interior street. Each homebuilder shall
construct sidewalks along lot frontages. The developer shall
construct the sidewalk along the common open space area.
b. The developer shall construct a five (5)-foot wide sidewalk
adjacent to Centerpark at the same time building improvements
are made on the lot, unless funds are escrowed with the City for
future construction of the sidewalk.
c. Driveway approaches, driveways, city walks and residence lead
walks shall be constructed of exposed aggregate concrete.
Driveways may also be constructed using stained pattern
stamped concrete, bricks or stone or any combination thereof.
7. FIRE PREVENTION MEASURES
a. Zero Wall Construction
The Lots are being developed utilizing aZero-Lot-Line concept.
Accordingly, the outside wall on one (1) side of each residential
structure to be constructed on a Lot is to be constructed along a
line 3 feet (3') inside the property line (the "Zero Wall"). To
maximize the use, enjoyment and recreation of each Owner, the
Zero Wall, if adjacent to another Home Lot, shall be constructed
with no doors or windows (unless required for fire egress) and
shall be constructed of predominantly non-combustible
materials.
Ordinance 0-04-1467
Page 4 of 6
b. Controlled Street Parking
Before New Home construction begins, appropriate "No
Parking" signage shall be installed and maintained along both
sides of streets with less than twenty (20) feet in width as
measured from back of curb to back of curb. Appropriate "No
Parking" signage shall be installed and maintained along one
side of streets with less than thirty (30) feet in width as
measured from back of curb to back of curb.
8. HEIGHT RESTRICTIONS
a. Lots 26, 27, 28, and 29 abutting Lakewood Estates shall be
limited such that no second story windows will be allowed
unless they are on the front of the home and face the street.
9. FENCES. WALLS AND SCREENING
a. The developer shall construct a six (6) foot tall screening fence
along this property's frontage on Centerpark. The fence may be
constructed of masonry, ornamental iron, or a combination of
the two materials. Ornamental metal fencing will be located to
open views of the adjacent open space from Centerpark. The
fence shall be constructed prior to the issuance of building
permits in the subdivision. The homeowners association shall
maintain the fence.
b. Residence fences facing the street shall be ornamental metal or
masonry.
c. All air-conditioning equipment, fire wood piles, sanitation
facilities or other service facilities must be screened with fences,
walls or landscaping, so as not to be generally visible by the
public.
d. No fence shall be more than six (6) feet tall with the exception of
the perimeter fence on the western property line that abuts the
commercial property, which may be up to eight (8) feet tall.
10. ARCHITECTURAL FEATURES
a. Chimneys -All wood burning fireplace chimneys shall be
architecturally compatible with the principal finish material of the
exterior walls of the Dwelling Unit. Chimneys of lap siding are
Ordinance 0-04-1467
Page 5 of 6
expressly prohibited
b. Garages -All Residences shall have either an attached or
detached enclosed two (2) automobile garage. Carports on lots
are prohibited.
c. Garage Doors -Garage doors shall have wooden exterior
surfaces or wooden trimmed to match the dwelling style.
Garage doors with metal exterior surfaces shall be prohibited.
d. Building Materials - At least ninety percent (90%) of the total
exterior area of all Residences, and one hundred (100%)
percent of the first story exterior walls which are carried
vertically by the foundation, excluding gables, windows, light
wells, architectural ornamentation, and door openings shall be
of brick, brick veneer, stone or cultured stone veneer, stucco,
cement fiber stucco board or other exterior materials of a similar
nature that is compatible with the principal finish material of the
exterior walls of the dwelling unit. Every garage and accessory
building, except a greenhouse, shall correspond in style of
architecture and exterior building materials with the dwelling to
which it is appurtenant.
e. Roof Pitch and Roof Materials -All prominent pitched roofs
shall be not less than a 12!12 pitch. This restriction shall not
apply if a different roof pitch is required by a particular historical
design or style, such as Mediterranean. Dormers, bay windows,
rain sheds, etc. that are part of the architectural style may have
roof pitches as appropriate. All roofs shall be constructed of 30-
year, or greater, premium grade asphalt dimensional shingles,
slate, copper, clay tiles, reinforced masonry tiles or other
materials as appropriate to the architecture of the home.
11. OTHER SITE FEATURES
a. Underground Utilities -Overhead utility wires shall be prohibited
in this development. All utility services internal within the
development and adjacent to the perimeter of the development
shall be buried underground.
b. Decorative Sign and Light Poles -The developer shall install
decorative street lights and street signage, which shall be
maintained by the homeowner's association of the development.
Ordinance 0-04-1467
Page 6 of 6
Sec. 3. THAT any person, firm, or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
Sec. 5. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
Sec. 6. THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2004.
Th second reading and public hearing being conducted on the
2004.
ATTEST:
Cynthia Singleton, TRMC
City Secretary
AP V D AS TO FORM AND LEGALITY:
R ss T. Foster
City Attorney
Mayor
/3'~ day of
day of
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ORDINANCE 0-09-1740
AN ORDINANCE AMENDING ORDINANCE 0-04-1467 CONDITIONS; PROVIDING
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council approved Ordinance 0-04-1467 on July 6, 2004, to
establish residential zoning on approximately 9.18 acres now known as
Cambridge Place Addition; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new zoning
ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original zoning districts and
appropriate regulations be enforced therein and to recommend a new
zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts
and has prepared regulations pertaining to such districts in accordance
with a comprehensive plan 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 0-09-1740
Page 2 of 3
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by amending Ordinance O-
04-1467.
Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning of
approximately 9.18 acres of the Cambridge Place Addition, depicted on
the attached Exhibit "A" labeled as Location and Zoning Map and Exhibit
"B" labeled as Site Plan.
Sec. 4. THAT the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. The purpose of this PUDR amendment is to allow for a three foot
encroachment into the front setback in order to allow construction
of a covered porch to be added to the south side of a single family
detached dwelling located on Lot 10, Block B per Exhibit "B".
Sec. 5. THAT the above described tract of land shall be used only in the manner
and for the purposes provided by the Comprehensive Zoning Ordinance of
the City of Colleyville as heretofore amended and as amended herein.
Sec. 6. THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided
for in the Comprehensive Zoning Ordinance of the City of Colleyville, and
upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense.
Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall
not affect the validity of this ordinance as a whole or any portion thereof
other than that portion so decided to be invalid or unconstitutional.
Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
Ordinance 0-09-1740
Page 3 of 3
Sec. 9. THAT it has been found that there has been a change in conditions in the
above described property, it is now necessary that it be given the above
zoning classification in order to permit its proper development and in order
to protect the public interest, comfort and general welfare, and requires
that this ordinance shall take effect immediately from and after its
passage.
Sec. 10. THAT Ordinance 0-04-1467 shall remain in full force and effect, except
where amended by this ordinance.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day of
2009.
The second reading and public hearing being conducted on the day of
2010.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit "A" -Location and Zoning Map
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Date: ~'~' ~~
_~ I will speak In Support of this item.
I will speak In Opposition to this item.
I do not wish to speak, but please records my: ^ support ^opposition
Agenda Item Number: ~OrdinancelResolution Number: C-la•I7N)
Address: ~ bo ~4(.~7M ~ ~ yb
City: bh~~k7 State• ~ Zip Code: 77 ZD~
Telephone Number: 21~( ~~( RI ~'7 Representing: ~ro~k~ pw~l,cr
(organization/self)
1 understand 1 am limited to speaking for five minutes.
SPEAKER CARD
For business not listed on the agenda as a Public Hearing, City Council will not respond in
accordance with the Texas Open ryleetings Law, Chapter 551 of the Texas Local Government Code.
Signed:
This iri~orm~n is a Public Record.
vA~r=~nLii_
City of Colleyville
Agenda Briefing
File Number: 0-10-1741
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
File Number: 0-10-1741
Version: 1
Requester: Community
Development
Department
File Type: Ordinance
Agenda Date: 01/05/2010
Agenda No.: 7a
Status: First Reading
Controlling Body: City Council
Final Action:
File Name: Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing and
PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development
Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 a
Attachments: Location and Zoning Map Notification List Statement of Planning Objectives
Conceptual Site Plan Building Elevations Ordinance 0-04-1484 Ordinance
0-10-1741. pdf
History of Legislative File
Version: Date: Acting Body: Action Text:
1 09/14/2009 Planning and Zoning
Commission
1 10/12/2009 Planning and Zoning
Commission
1 11/09/2009 Planning and Zoning
Commission
1 11/23/2009 Planning and Zoning
Commission
1 12/14/2009 Planning and Zoning
Commission
1 01/05/2010 City Council
Title
Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing
and PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development
Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres located at
6401 and 6405 Colleyville Boulevard, Case ZC09-010
Explanation
First Reading and Public Hearing
Santos Martinez submitted a request to change the zoning of 8.131 acres located at 1801
industrial Boulevard and 6405 and 6401 Colleyville Boulevard. The applicant is requesting
to rezone the property from the ML-Light Manufacturing zoning district, the PUDC-Planned
Unit Development Commercial zoning district, and the CC-1-Village Retail zoning district to
the PUDC-Planned Unit Development Commercial zoning district. The applicant is seeking
the zoning change in order to expand the existing self storage facility and add office and
retail uses along Colleyville Boulevard with office/warehouse uses to be located between
City of Colleyville Page 1 Printed on 12/22/2009
Agenda Briefing Continued (0-10-1741)
the self storage units and the proposed office/retail uses.
Existing Conditions. The subject property is composed of three lots. The property located
at 1801 Industrial Boulevard is platted, developed as Additional Self Storage and is zoned
PUDC-Planned Unit Development Commercial, CC1-Village Retail and ML-Light
Manufacturing. The property located at 6405 Colleyville Boulevard is unplatted, contains a
psychic shop and is zoned CC1-Village Retail and PUDC-Planned Unit Development
Commercial. The property located at 6401 Colleyville Boulevard is unplatted, undeveloped
and is zoned CC1-Village Retail.
Platting. The unplatted portions of the subject properties will be required to be platted upon
approval of the rezoning request and prior to the issuance of any building permits.
Existing PUD Requirements. Ordinance 0-04-1484 was approved in November 2004 for
1.28 acre portion of the subject property. The ordinance permits the following uses:
- A sales office building with four model storage units
- Outside storage of recreational vehicles, boats and watercraft
- Truck rental
- Propane refilling station
Although the applicant requests to maintain the provisions of Ordinance 0-04-1484 for this
PUD request, the draft ordinance repeals Ordinance 0-04-1484 in order to incorporate
additional properties and to include the new standards described below.
Proposed Development. The applicant proposes to add four (4) new buildings to the
existing self storage facility, which consists of twelve (12) buildings. The proposed new
buildings include the following:
Phase One Construction (as shown on conceptual site plan):
- One (1) two-story 14,000 square foot office and/or retail building
-Two (2) one-story 20,000 square foot office showroom buildings
Phase Two Construction (as shown on conceptual site plan):
- One (1) two-story 28,000 square foot self-storage building
This provision has been added to the draft ordinance.
Proposed Land Uses. The applicant proposes the following land uses:
- All uses permitted within the CC2-Shopping Center zoning district
-Auto, truck or trailer rental
- Office showroom
- Warehouse
- Self-storage facilities
- Propane refilling station
- Outside storage of recreational vehicles, boats and watercraft
Cify of Colleyville Page 2 Printed on 12/22/2009
Agenda Briefing Continued (0-10-1741)
The applicant states that the hours of operation for the proposed truck rental would be
Monday through Saturday between the hours of 8:30 a.m. and 6:00 p.m. and on Sunday
between the hours of 9:00 a.m. and 1:00 p.m.
General uses will be permitted per each proposed building as indicated on the conceptual
site plan.
The applicant requests that the propane storage tank be allowed to reach 22 feet in height.
However, the Planning and Zoning Commission required that the storage tank not exceed
15 feet in height as a condition of approval.
These provisions have been added to the draft ordinance.
Parking and Access. According to the conceptual site plan, 97 parking spaces are
proposed for the development, not including the existing spaces along Industrial Boulevard.
No more than eight (8) of the 97 parking spaces may be utilized for any vehicle or trailer
rental sales business. These spaces are located along the northern property line, 40 feet
from SH26. Based on the current site plan, the Land Development Code requires 91
parking spaces -not including the eight spaces reserved for vehicle rentals.
The Planning and Zoning Commission required that the applicant provide a minimum of 101
spaces with the stipulation that the rental vehicles not be parked closer than 80 feet to
SH26 right-of-way as a condition of approval. This provision has been added to the draft
ordinance.
The existing self-storage business is currently accessed via Industrial Boulevard. The
proposed new buildings would be accessed from SH26. The applicant will be required to
obtain driveway permits from the Texas Department of Transportation (TxDOT) in order to
access SH26. The conceptual site plan shows two points of access from SH26.
All required fire lanes must meet the minimum requirements of the Land Development Code
and the Fire Code. Any gates installed as part of this development shall be installed with an
Opticom system and shall meet the minimum requirements of the Land Development Code.
Staff recommends that a mutual access easement be required along the entire length of the
southernmost portion of the subject property where it is adjacent to property zoned
CC1-Village Retail. Additionally staff recommends that mutual access easements be
required adjacent to all other properties with frontage along SH26. This provision has been
added to the draft ordinance.
Traffic Impact. According to The Institute of Transportation Engineers publication Trip
Generation, a 7,000 square foot shopping center would be expected to generate 350 trips
per weekday, on average. Additionally, 7,000 square feet of general office space would be
expected to generate 253 trips per weekday, on average. A 40,000 square foot office
showroom would be expected to generate 198 trips per weekday, on average, and a 28,000
square foot self-storage building would be expected to generate 65 trips per weekend day,
on average. Based on these averages, a development composed of 14,000 square feet of
retail shopping center and office, 40,000 square feet of general office, and 28,000 square
City of Colleyville Page 3 Printed on 12/22/2009
Agenda Briefing Continued (0-10-1741)
feet of self-storage would add approximately 866 vehicle trips per day to the surrounding
roadways. This is a maximum estimate and does not require a traffic impact analysis.
Open Space. The Land Development Code requires a minimum of 20 percent open space
fora PUDC-Planned Unit Development Commercial zoning district. According to the
conceptual site plan, this development proposes an open space area equal to 11.1 percent
of the total development, which is 8.9 percent below the minimum requirements of the Land
Development Code. As a condition of granting the reduced open space, the Planning and
Zoning Commission requested that the applicant plant trees in lieu of shrubs along the
southern property line. This requirement is described in detail in the section that follows.
Landscaping and Buffering. The applicant proposes a five (5) foot landscaped buffer
along the entire southern property line and along the eastern property line where it is
adjacent to property zoned or used for residential purposes. The applicant proposes to
plant evergreen shrubs within the buffer per Chapter 4 -Landscaping and Buffering in the
Land Development Code.
The Planning and Zoning Commission required that the southern property line be planted
with large canopy trees, a minimum of five (5) to six (6) inches in diameter planted on 20
foot centers, in lieu of shrubs as a condition of approval. This provision has been added to
the draft ordinance.
According to Chapter 4 -Landscaping and Buffering, a 20 foot greenbelt is required to be
located along SH26, which is indicated on the conceptual site plan.
Fences, Walls and Screening. The applicant proposes to construct an eight (8) foot
masonry fence along all property lines adjacent to the existing residential properties. This
meets the minimum screening requirements of the Land Development Code.
Exterior Building Elevations and Design. The applicant has provided proposed building
elevations for the new structures. These elevations have been added to the draft
ordinance. In addition to the proposed elevations, staff recommends that all buildings meet
the minimum design requirements of Chapter 6 -Building Design in the Land Development
Code.
Additionally, staff recommends that, as required by Ordinance 0-04-1484, all building
exteriors be composed of a minimum of 75 percent masonry materials.
Finally, staff recommends that the colors of the both the roofs and the exterior walls of the
new buildings be of a medium to dark hue of brown, black or maroon, where a natural stone
or brick color is not displayed.
These provisions have been added to the draft ordinance.
Sidewalks. According to the Land Development Code, based on the recommendations of
the Supplemental Sidewalk System Map, a minimum five (5) foot sidewalk is required to be
constructed along Colleyville Boulevard and Industrial Boulevard adjacent to this
development where none exist. All sidewalks and trails must be installed and/or improved
City of Colleyville Page 4 Printed on 12/22/2009
Agenda Briefing Continued (0-10-1741)
when any new structures are built.
Drainage. The developer has submitted a preliminary drainage analysis of the site. This
analysis has been reviewed and accepted by the Engineering Department. Construction
plans for drainage improvements will be submitted as part of the platting and building permit
process.
Master Plan. The Colleyville Plan designates this property for future industrial, retail and
office uses. Based upon the conceptual site plan, the proposed zoning request would
essentially be in compliance with the future land use plan.
Surrounding Properties. The surrounding properties represent a variety of uses. The
properties to the north and west are zoned ML-Light Manufacturing and CC-1-Village
Commercial and are developed with offices, retail and warehouse facilities. The properties
to the south are zoned PUDR-Planned Unit Development Residential and are developed as
townhomes and single family residences. Properties to the east are zoned ML-Light
Manufacturing and AG-Agriculture and are developed as warehouse and light
manufacturing uses as well as a single family residence.
Public Notification. Staff mailed notices to 52 adjacent property owners within 200 feet of
the subject property regarding this request. Notice will be published in the Fort Worth
Star-Telegram as required by state law and the Land Development Code. Staff has
received no correspondence regarding this request.
Planning and Zoning Commission Recommendations. The Planning and Zoning
Commission recommended approval at the December 14, 2009 meeting by a vote of 7-0
with the following conditions:
-Along the southern boundary where the subject property is adjacent to residential property,
large canopy trees, a minimum of five (5) to six (6) inches in caliper shall be planted on 20
foot centers.
- A minimum of 101 new parking spaces shall be provided.
- Parking for the rental trucks shall be located along the northern property line -not behind
the building closest to SH26 as required in the draft ordinance. The rental trucks and any
associated designated parking shall be located not closer than 80 feet to SH26 right-of-way.
- The propane tank shall not exceed 15 feet in height.
These provisions have been added to the draft ordinance.
Summary. The proposed development complies with the future land use designations of
the Master Plan. Many of the provisions of Ordinance 0-04-1484 have been carried over to
the draft ordinance.
Recommendation
Approval, with the conditions stated in the draft ordinance.
Cify of Colleyville Page 5 Printed on 12/22/2009
Location and Zoning Map
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Notification List
OWNER NAME
OWNER ADDR OWNER
CITY OWNER
STATE OWNER
ZIP
SITUS ADDR
Boulevard Animal Hospital Pc 6413 Colleyville Blvd Colleyville TX 76034 006413 Colleyville Blvd
Combined Enterprises 1802 Industrial Blvd Colleyville TX 76034 001800 Industrial Blvd
Sparks Southwest Inc 1804 Industrial Blvd Colleyville TX 76034 001804 Industrial Blvd
Geneva Realty Management 1808 Industrial Blvd Colleyville TX 76034 001808 Industrial Blvd
Dica Properties Ltd 1812 Industrial Blvd Colleyville TX 76034 001812 Industrial Blvd
Ingram, Beverly 212 Stratford Ct Hurst TX 76054 006409 Colleyville Blvd
Shafipour, Foad Mark 1009 Turnberry Ln Southlake TX 76092 006407 Colleyville Blvd
Lam, Conner 1280 Post Oak Trl Southlake TX 76092 006312 Colleyville Blvd
Luers, Dennis R 1419 Thistlewood Ln Grapevine TX 76051 001901 Industrial Blvd
Land, Brad 813 Holly Ridge Ct Keller TX 76248 001813 Industrial Blvd
Horn, Billy J 2604 Fm 514 Yantis TX 75497 001809 Industrial Blvd
Tierney, Thomas A 1709 Industrial Blvd Colleyville TX 76034 001709 Industrial Blvd
Yard Art Inc 3250 Story Rd W Ste 108 Irving TX 75038 006407 Colleyville Blvd # C
Loftin, Stacey B Etux Ronda 6306 Wyatt Dr Colleyville TX 76034 006306 Wyatt Dr
Derrick Malone 6301 Colleyville Blvd. Colleyville TX 76034 006301 Colleyville Blvd
teresa G & Delmer Spann 6301 Kingston Colleyville TX 76034 006301 Kingston Dr
Vh Properties Lp 1616 Pecan Crossing Colleyville TX 76034 006312 Brazos Ct
Vh Properties Lp 1616 Pea Colleyville TX 76034 006308 Brazos Ct
Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 002041 Fountain Pass Dr
Kac Colleyville Jv 4008 Cochran Heights Ct Dallas TX 75220 6255 Colleyville Blvd
Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001619 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001617 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001621 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001625 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001629 Fountain Pass Dr
Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001633 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001637 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001641 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001721 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001725 Fountain Pass Dr
Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001729 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001733 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001737 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001841 Fountain Pass Dr
Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001845 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001741 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001821 Fountain Pass Dr
Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001825 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001829 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001833 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001837 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001901 Fountain Pass Dr
Bufe, Robert Etux Martha 1509 Tinker Rd Colleyville TX 76034 001509 Tinker Rd
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001905 Fountain Pass Dr
Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001909 Fountain Pass Dr
Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001913 Fountain Pass Dr
Psj Properties P.O. Box 92481 Southlake TX 76092 006304 Brazos Ct
Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001732 Fountain Pass Dr
Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001601 Pecan Crossing Dr
Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001534 Pecan Crossing Dr
Colleyville Properties Llc 3145 Geary Blvd Ste 531 San Francisc CA 94118 006225 Colleyville Blvd
Colleyville Properties Llc 3145 Geary Blvd Ste 531 San Francisc CA 94118 006221 Colleyville Blvd
Santos Martinez, applicant 900 Jackson #640 Dallas TX 75202 applicant
PH notices mailed on Thursday, Sept. 3, 2009 by Amy Shelley
Statement of Planning Objectives
Colleyville Boulevard, between Industrial Boulevard and Oak Point Drive
The property owner seeks approval of a conceptual development plan for a new planned development
district. The new district would incorporate an existing PUD-C and amend the commercial zoning along
Colleyville Boulevard. The current uses and structures will remain on the property while detailed
development plans are developed. Currently, most of the uses are operating on a one year lease while
this project is under consideration.
The proposed planned development district would allow retail and office uses along Colleyville
Boulevard. These uses would be consistent with a CC-2 zoning district and limited to the area identified
as phase I. A conceptual design of a two story 14,000 square feet of office and retail uses is proposed
within this portion of the property. The remainder of phase I abuts an existing self-storage warehouse
facility. This includes RV and Boat storage. This conceptual development would transition into this
existing use with office showroom buildings. The conceptual plan would allow for two office showroom
buildings at a maximum of 20,000 square feet each and one story in height.
The owner has listed a transportation use to allow a U-Haul Truck Rental tenant to operate within phase
I. The truck rental use would operate Monday thru Saturday between the hours of 8:30 a.m. to 6:00
p.m. It would operate on Sunday between the hours of 9:00 a.m. to 1:00 p.m. The owner also seeks to
retain the retail sale of propane within phase I. The truck rental and propane sales would be placed
along the northern property line of Phase I.
Phase II of this conceptual plan would be a continuation of the self storage use with one new building.
This new building would have a maximum of 28,000 square feet and be limited to two stories. Afire
lane will be constructed to serve this new building. A five foot landscape buffer will be placed along the
perimeter of Phase II.
This conceptual plan identifies an eight foot solid screening wall between all warehouse and storage
uses and the adjacent residential development to the south. An eight foot solid screening fence is
maintained along the south property line in conjunction with the existing self storage units. The
property owner will maintain the existing live oak trees along the south property line adjacent to the
existing self storage units.
Due to the placement of fire lanes, a five foot landscape buffer will be maintained along the southern
property lines of Phase I and II. However, landscape requirements for evergreen plants or trees will be
maintained in these areas. All landscape and buffer requirements along Colleyville Boulevard can be
satisfied with this request.
This zoning request will comply with all required parking regulations for each proposed use.
Allowable Uses in New Planned Development District
Permitted Land Uses
The following land uses shall be permitted within this PUD-C, provided the layout of the buildings and
uses are consistent with the conceptual site plan.
1. All uses identified within a CC-2 zoning district.
2. Auto, truck, or trailer rental
3. Office showroom
4. Self storage facilities (mini-warehouse)
5. Propane refilling station
6. Outside storage of recreational vehicles
7. Outside storage of boats and watercraft
Conceptual Site Plan
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ORDINANCE 0-04-1484
AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND
DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING
THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 1.28 ACRES OUT
OF THE ABSALOM J. LOTT SURVEY, ABSTRACT 963, FROM THE AG
AGRICULTURAL AND CC1 VILLAGE RETAIL COMMERCIAL DISTRICTS TO THE
PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, an application for a zoning change was filed by Additional Self Storage,
Ltd., on August 30, 2004, under Case No. Z-04-031, and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the Zoning Map attached as Exhibit "A", and described by
metes and bounds as shown on the attached Exhibit "B", by
changing the zoning of said property from the AG Agricultural and
CC1 Village Retail districts to the PUD-C Planned Unit Development
Commercial district, including any other conditions and restrictions
imposed and approved by the City Council, which are incorporated
herein.
Sec. 2. THAT the PUD-C area shall be subject to the following conditions:
1. GENERAL
a. The purpose of this PUD-C is for an office and a self storage
facility as specifically stated in this ordinance.
Ordinance 0-04-1484
Page 2 of 4
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by
this Ordinance.
2. PERMITTED LAND USES
The following land uses shall be permitted within this PUD-C,
provided the layout of the buildings and uses are consistent with
the site plan shown on Exhibit "C":
(1) One monument sign constructed in accordance with the
sign regulations contained in the Land Development
Code
(2) A sales-office building, with four model storage units
(3) Customer parking
(4) Paved surface for ingress and egress
(5) Outside storage of recreational vehicles
(6) Outside storage of boats and watercraft
(7) Truck rental
(8) Propane refilling station
3. CONCEPTUAL SITE PLANS PLATTING AND PHASING OF DEVELOPMENT
a. The arrangement, location, and footprint of buildings within this
PUD-C shall be generally as shown on the attached Exhibit "C"
and Exhibits "D1-D2".
b. The building elevations of the sales office and model storage
units shall be generally as shown on the attached Exhibits "D1-
D2".
c. No development permits for any additional structures or uses
within this PUD-C shall be approved except by a subsequent
amendment to this ordinance which has been approved by the
City Council in accordance with the procedures and
requirements of the Colleyville Land Development Code.
d. Prior to the issuance of any development permits within this
PUD-C and as a condition to the development of the subject
property, the developer shall obtain approval of a final plat of the
property in accordance with the procedures and requirements of
the Colleyville Land Development Code.
Ordinance 0-04-1484
Page 3 of 4
4. LANDSCAPING AND FENCING
a. The developer shall construct a five (5)-foot wide landscaped
greenbelt adjacent to the south property line. The greenbelt
shall contain evergreen plant material, of five (5) gallon in size,
planted on thirty-six (36) inch centers in accordance with Exhibit
«C„
b. The developer shall construct an eight (8)-foot tall masonry
fence adjacent to the south property line. The new fence shall
match the existing fence. The fence shall be constructed up to
the security gate entrance, as shown on Exhibit "C".
5. GENERAL DEVELOPMENT CRITERIA
a. The regulations for the ML Light Manufacturing zoning district
shall be applicable to this PUD-C, except where modified by
the provisions of this ordinance.
b. The thirty (30)-foot wide portion of the property shall be used
only for driveway access, customer parking and asales-office
building. This area shall not be used for the parking or
storage of rental trucks, recreational vehicles or boat trailers.
b. The location and width of all fire lanes shall be approved by
the Fire Marshal.
c. The exposed exterior walls of the office building must be
constructed of 75% masonry material. Window and door
openings shall not be included in the calculation of the area of
the wall. The building design shall be generally consistent
with the conceptual building elevations, attached as Exhibits
"D1-D2".
d. The outside storage area for recreational vehicles, boats and
watercraft shall contain no more than forty (40) covered
parking spaces.
e. Not more than eight (8) trucks for rental shall be parked or
stored on the property.
Sec. 3. THAT any person, firm, or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
Ordinance 0-04-1484
Page 4 of 4
Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
Sec. 5. THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
Sec. 6. THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
first reading and public hearing being conducted on the ~~ day of
2004.
The second reading and public hearing being conducted on the ~~ day of
2004.
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ATTEST:
Cynthia Singleton, TRMC
City Secretary
V %AS TO FORM AND LEGALITY:
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City Attorney
9"oe Hocutt
Mayor
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EXHIBIT A -ZONING MAP
EXHIBIT B -METES AND BOUNDS DESCRIPTION
ADDRESS: 6405 Colleyville Boulevard, COLLEYViLLE Texas.
LEGAL DESCRIPTION TRACT 1 (FROM AG TO PUD-C)
BEING a portion of the A. J. LOTT SURVEY, Abstract No. 963, in the City of Colleyville, Tarrant
County, Tczas, and being that same tract of land convoyed to R K Reynolds by deed recorded in Vohune
6435, Page 122, Deed Records, Tarrant County, Texas, described by metes and bounds as follows:
BEGINNING at a 1/2 inch steel rod for the northwest comer of said R. K Reynolds tract and being the
northeast comer of Lot 1, Block 1, TINKER CROSSING, an addition to the City of Colleyville, Tarrant
County, Texas, as rxorded in Cabinet B, Slide 1564, Plat Records, Tarrant County Texas;
THENCE North 88 degrees 54 minutes 32 seconds East, 157.41 fcet to a 5/8 inch steel rod found;
THENCE North 88 degrees 57 minutes 00 seconds East, 127.41 fcet along [he common line with Lot R-
14-],Block 1, COLLEYVILLE INDUSTRIAL PARK, an addition to the City of Colleyville, according to
the plat recorded in Volume 388-190, Page 14, Plat Rxords, Tarrant County, Texas, 124.71 feet to a 1/2
inch steel rod found;
THENCE continuing along said Lot R-14-1, South 00 degree 23 minutes 07 seconds East, 162.47 feet to
a I/2 inch steel rod set capped T. Vogt in the south line of said A. J. LOTT SURVEY,
THENCE along the south line of said LOTT SURVEY, South 89 degees 54 minutes 54 Secpnds West,
293.14 fcet to a 1/2 inch steel rod set capped T. Vogt;
THENCE North 03 degrees 37 minutes 13 seconds East, passing at 29.86 feet a 1/Z inch steel rod for the
southeast comer of said Lot 1, Block 1, TINKER CROSSING, and continuing along the east line of said
Lot 1, Block 1, for a total distance of 157.93 feet to the POINT OF BEGINNING and containing 1.056
acres of land more or less.
LEGAL DESCRIPTION TRACT 2 (FROM CCl TO PUD-C)
BEING a strip of land described as a road in Deed recorded in Volume 6435, Page 122, Deed Records,
Tarrant County, Texas, described by metes and bounds as follows;
BEGINNING at a 1/2 inch steel rod found for the southeast comer of Lot 1, Block 1, TINKER
CROSSING, an addition to the City of Collcyvillo, Tarrant County, Toxas, according to the Plat Recorded
in Cabinet B, slide 1564, Plat Records, Tarrant County, Texas;
THENCE South 03 degrees 37 minutes 13 seconds West, 29.86 feet to a l/2 inch steel rod set capped T.
Vogt on the South line of the A. J. Lott Survey, Abstract No. 963;
THENCE South 89 degrees 54 minutes 54 seconds Went, along the South line of said Survey, 347.32 feet
to a I/2 inch steel rod found in the Southeasterly line of State Highway No. 26;
THENCE North 29 degrees 16 minutes 00 seconds East, with said highway, 31.60 feet to a 5/8 inch steel
rod found;
THENCE North 89 degrees 31 minutes 43 seconds East, with the South line of said Lot 1, Block 1,
TINKER CROSSING, 333.77 feet to the POINT OF BEGINNING and containing 0.2239 acres of land,
more ar less.
EXHIBIT C -CONCEPTUAL SITE PLAN
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EXHIBIT D1 -CONCEPTUAL BUILDING ELEVATIONS
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EXHIBIT D2 -CONCEPTUAL BUILDING ELEVATIONS
ORDINANCE 0-10-1741
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS,
AS HERETOFORE AMENDED; BY REPEALING ORDINANCE 0-04-1484; BY
AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF
TRACTS 2B AND 2602, ABSTRACT 963 OF THE ABSALOM J. LOTT SURVEY AND
LOT R-14-2, COLLEYVILLE INDUSTRIAL PARK ADDITION FROM THE ML-LIGHT
MANUFACTURING DISTRICT, CC1-VILLAGE RETAIL 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. ZC09-010; and
WHEREAS, Ordinance 0-04-1484 is hereby repealed in its 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
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
Ordinance 0-10-1741
Page 2 of 7
Colleyville, and State Law with reference to changes to zoning
classifications under the Zoning Ordinance Regulations and Zoning Map,
having given the requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all the
property owners generally, and to the persons interested and situated in
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by changing the zoning on
Tracts 2b and 2b02, Abstract 963 of the Absalom J. Lott survey and Lot R-
14-2, Colleyville Industrial Park Addition from the ML-Light Manufacturing
zoning district, CC1-Village Retail 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" and
described in Exhibit "B".
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 Ordinance 0-04-1484 is hereby repealed in its 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 retail, office and self-storage uses.
b. This property is subject to all the regulations contained in the Colleyville
Land Development Code, except where amended by this Ordinance.
2. SITE PLAN AND PLATTING
a. The development of this property shall be generally consistent with the
conceptual site plan attached as Exhibit "C".
Ordinance 0-10-1741
Page 3 of 7
b. All subject properties that are not platted as of the passage of this
ordinance shall be platted in accordance with provisions of this
ordinance and the Land Development Code prior to the issuance of any
building permit.
3. PERMITTED AND PROHIBITED USES
The following land uses shall be permitted within this PUDC:
1. All uses permitted in the CC2-Shopping Center zoning district
2. Auto, truck or trailer rental
3. Office showroom
4. Warehouse
5. Self-Storage facilities
6. Propane refilling station
7. Outside storage of recreational vehicles, boats and watercraft
The permitted land uses shall be allowed on the subject properties per the
use designations labeled on the buildings shown in Exhibit "C".
4. BUILDING LAYOUT AND USE SPECIFICATIONS
a. The following new buildings shall be allowed as described below and
depicted on Exhibit "C":
Phase One Buildings
1. Building One -Maximum Size: 14,000 square feet
Permitted Uses: Retail and General Office
Maximum Retail area: 7,000 square feet
Maximum Office area: 7,000 square feet
Maximum Height: Two story, 35 feet
2. Building Two -Maximum Size: 20,000 square feet
Permitted Uses: Office Showroom, Warehouse
Maximum Height: One story, 35 feet
3. Building Three -Maximum Size: 20,000 square feet
Permitted Uses: Office Showroom, Warehouse
Maximum Height: One story, 35 feet
Phase Two Building
1. Building One -Maximum Size: 28,000 square feet
Permitted Uses: Self-Storage
Ordinance 0-10-1741
Page4of7
Maximum Height: Two story, 30 feet.
5. BUILDING DESIGN
a. All building designs shall be generally consistent within the elevations
shown in exhibit "D".
b. Building designs shall meet the minimum articulation requirements of
Chapter 6 -Building Design in the Land Development Code.
c. For any new buildings, exterior building colors, including roof-tops, shall
be of medium to dark hue of brown, black or maroon. Otherwise,
exterior colors shall match the natural color of the stone or brick
construction.
d. The exposed exterior walls of all buildings must be constructed of 75
percent masonry material. Window and door openings shall not be
included in the calculation of the area of the wall.
6. PARKING
a. All rental vehicles must be parked along the northernmost property line
of the subject property and shall not be parked closer than 80 feet from
the right-of-way of SH26.
b. This development shall provide a minimum of 101 parking spaces.
c. Except where noted above, all parking shall meet the minimum
requirements of the Land Development Code.
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.
H. LANDSCAPING, BUFFERING AND OPEN SPACE
a. The developer shall construct a five (5) foot wide landscaped greenbelt
adjacent to the south and east property line adjacent to existing
residential properties. The greenbelt along the east property line shall
contain live plant material of the evergreen variety which is expected to
grow to six (6) feet in height in two (2) years, a minimum of three (3)
feet in height at the time of installation and planted on 36 inch centers.
Ordinance 0-10-1741
Page 5 of 7
The greenbelt along the southern property line shall be planted with
large canopy trees, a minimum of five (5) to six (6) inches in caliper on
20 foot centers.
b. Except where noted above, all required landscaping shall meet the
minimum requirements of Chapter 4 -Landscaping and Buffering in the
Land Development Code.
c. This development shall provide a minimum of 11 percent of open space.
9. SIDEWALKS
a. A minimum five (5) foot sidewalk shall be constructed along Industrial
Boulevard where none exists prior to the issuance of the certificate of
occupancy for any new structures.
b. A minimum five (5) foot sidewalk shall be constructed along SH26 prior
to the issuance of the certificate of occupancy for any new structures.
'I O. FENCES AND SCREENING
a. A minimum eight (8) foot masonry fence shall be constructed along the
south and east property line adjacent to existing residential properties
prior to the issuance of any certificate of occupancy.
11. GENERAL DEVELOPMENT REQUIREMENTS
a. The thirty (30) foot wide southernmost portion of the property shall be
used only for a fire lane. This area shall not be used for the parking or
storage of rental trucks, recreational vehicles or boat trailers.
b. The location and width of all fire lanes and the installation of any gates
shall meet the minimum requirements of the Land Development Code
and the Fire Code and shall be approved by the Fire Marshal.
c. The outside storage area for recreational vehicles, boats, and
watercraft shall contain no more than forty (40) covered parking spaces.
d. Not more than eight (8) trucks for rental shall be parked or stored on the
property.
e. The hours of operation for any truck rental operation shall be as follows:
Monday through Saturday: 8:30 a.m. to 6:00 p.m.
Sunday: 9:00 a.m. to 1:00 p.m.
Ordinance 0-10-1741
Page 6 of 7
f. The location of the propane refilling station shall be adjacent to the
northern property line as shown on Exhibit "C". The propane storage
tank shall not exceed 15 feet in height. The storage tank shall not be
closer than 100 feet from the right-of-way of SH26.
g. Prior to the issuance of any building permit for any buildings deriving
primary access from SH26, a driveway permit shall be obtained from
the Texas Department of Transportation (TxDOT).
h. A mutual access easement shall be located along the southernmost
property line where it is adjacent to property zoned CC1-Village Retail
as of the passage of this ordinance. Otherwise, mutual access
easements shall be located adjacent to all properties with frontage
along SH26. If not dedicated as part of a plat, said easements shall be
dedicated by separate instrument prior to the issuance of the certificate
of occupancy for any new structure.
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
2010.
Ordinance 0-10-1741
Page 7 of 7
The second reading and public hearing being conducted on the day of
2010.
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
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EXHIBIT "B"- Legal Description
SUBJECT PROPER"1'Y DESCRIPTION
BEING a tract of land in the A. J. Lott Survey, Abstract No.963, in the City of Colleyviile, Tarrant County, Texas,
and being more particularly described as follows:
BEGINNING at a point on the southeasC line of State I lighway No. 26 (100 foot right-or-way), said point being at
its intersection with the south line of the A. J. Lott Survey. Abstract No. 963:
ftIENCL North 29° 16'00' East alone the southeast line of said Slate I lighway No. 26, a distance of 31.60 feet to a
point for corner;
THENCE North 89° 31' 43" East along the south line of Lot 1 in Block 1 in the Tinker Crossing Addition, a
distance of 333.77 feet to a point for corner on the east line of said Lot 1 in Block I;
THENCE North 03° 3T 13" Gast along said lot line, a distance of 128.07 feet to a point for corner on the north line
of said Lot I in Block l;
THENCE South 88° 54' 32" West along said lot line, a distance of approximately 269.x6 feet to a point for corner
on the southeast line of State Highway No. 26;
THENCE in a northeasterly direction along said State Highway No. 26, a distance of approximately 206.63 feet to a
point for corner on the south line of Lot 16-R-2 in Block 1, Colleyville Industrial Park Addition;
THENCE North 89° 40' 00" East along said lot line, a distance of approximately 466.23 feet to a point for corner;
THENCE North 00° 34' 00" West, a distance of 260.06 feet to a point for corner on the south line of ]ndustrial
Boulevard (60 foot right-of--way);
THENCE North 89° 26' 00" East along the south line of Industrial Boulevard, a distance of 300.00 feet to a point
for corner;
~[~I {ENCE South 00° 34' 00" East, a distance of 260.06 feet to a point for corner:
THENCE North 89° 26" 00" Fast, a distance of approximately 1 11.16 feet to a point for corner;
THENCE South 00° 58' 06" Fast, a distance of 337.07 feet to a point for cornea;
THENCE South 89° 54' S4" West, a distance of 106791 feet to the POWT OF BEGINNING, and containing
approximately 8.322 acres of land.
EXHIBIT "C"- Concecptual Site Plan
EXHIBIT "D"- Building Elevations
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_ City of Colleyville 100 Mltain Street
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Colleyville, Texas 76034
~~ ~~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number:
File Type: Report
Status: Reports
Version: 1 Agenda Date: 01/05/2010
Requester: Office of the City Agenda No.: 9
Secretary
File Name: Reports -January 5, 2010
Controlling Body: City Council
Final Action:
Attachments: Planning and Zoning Commission Minutes -November 23, 2009
History of Legislative File
Version: Date: Acting Body: Action Text:
1 01/05/2010 City Council
Title
Planning and Zoning Commission Minutes -November 23, 2009
City of Colleyville Page 1 Printed on 12/17/2009
~ City of Colleyville
~-=-- Minutes -Final
Planning and Zoning Commission
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, November 23, 2009
6:15 PM
City Council Chambers
6:15 P.M.- PRE-COMMISSION WORKSHOP
EXECUTIVE CONFERENCE ROOM, THIRD FLOOR
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS
DISCUSSION OF PREVIOUS MEETING MINUTES
7:00 P.M. -REGULAR MEETING
1. CALL TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville
was called to order by Chairman Dudziak on Monday, November 23,
2009 at 7:07 p.m.
2. ROLL CALL
Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn,
Michael Clardy, Ron Rotthaus and David Phelps
Absent: Commissioner Jeff Byerly
Staff Present: Ron Ruthven, Sarah Coplen, Jeremy Hutt, Rob McKeown
and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Redfearn.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Phelps moved to approve the November 9, 2009 meeting
minutes with corrections on pages 4, 5, 9. 11 and 12. Commissioner
Clardy seconded.
City of Colleyville Page 1 Printed on 12/15/2009
Planning and Zoning Commission Minutes -Final
November 23, 2009
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps
Absent: 1 -Byerly
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Approval of a minor plat being 2.3 acres on Tract 1A, Abstract 1248 of
the T.J. Polson Survey located at 5016 Bransford Road, Case PC09-013
Sarah Coplen presented the case and briefed the Commissioners.
Larry Stewart, the applicant, came forward to present the case and brief
the Commissioners.
Commissioner Phelps questioned Mr. Stewart regarding what direction
will the house face on Lot 1? Mr. Stewart replied not knowing at this
time, however, he thought it may face Bransford Road.
Commissioner Redfearn moved to approve case PC09-013.
Commissioner Rotthaus seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps
Absent: 1 -Byerly
8. PUBLIC HEARING AGENDA ITEMS
8a Approval of an amendment to the PUDR-Planned Unit Development
Residential zoning and development requirements for the Cambridge
Place Addition located in the 600 block of Centerpark Drive, Case
ZC09-016
Ron Ruthven presented the case and briefed the Commissioners
Commissioner Phelps questioned staff, for clarity, what is the address of
the subject lot? Ron Ruthven replied 624 Creekview Lane.
Commissioner Dudziak opened the public hearing at 7:16 p.m.
David Gaona, the applicant representing Mr. and Mrs.Gray, came
forward to present the case and brief the Commissioners.
Discussion occurred between Commissioner Clardy and Mr. Gaona
City of Colleyville Page 2 Printed on 12/15/2009
Planning and Zoning Commission Minutes -Final November 23, 2009
regarding the considerations regarding the construction of the patio.
Commissioner Phelps questioned Mr. Gaona regarding if he has a letter
of approval from the Architectural Board? Mr. Gaona replied no, not at
this time. He stated he has a verbal approval.
There being no one wishing to speak, the public hearing was closed at
7:18 p.m.
Commissioner Knox moved to approve case ZC09-016. Commissioner
Redfearn seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps
Absent: 1 - Byerly
9. TABLED AGENDA ITEMS
9a Approval of a request for a zoning change from CC1-Village Retail,
ML-Light Manufacturing and PUDC-Planned Unit Development
Commercial to PUDC-Planned Unit Development Commercial on Lot
R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres located at
6401 and 6405 Colleyville Boulevard, Case ZC09-010
The applicant was not ready for this item to be removed from the table
therefore the Commission did not open this item for discussion.
9b TABLED -Approval of a request for a Special Use Permit for a gas well
site on 53.2 acres in the Hall Medlin and William E. Crooks Surveys
located at 7612 Pleasant Run Road, Case ZC09-011
The applicant was not ready for this item to be removed from the table
therefore the Commission did not open this item for discussion.
10. ADJOURNMENT
The meeting adjourned at 7:20 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, November 20, 2009 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
The meeting minutes were approved on December 14, 2009.
City of Colleyville Page 3 Printed on 12/15/2009
RESOLUTION R-10-3187
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
JANUARY 5, 2010
WHEREAS, Council has taken action on certain items on the agenda under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT the agenda decisions approved by Council action under Business this
date and not otherwise adopted by Ordinance and/or separate Resolution as
follows are hereby adopted:
a. THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS
ON THIS THE DAY OF 2010.
ATTEST:
Cynthia Singleton, TRMC, CMC
City Secretary
CITY OF COLLEYVILLE
David Kelly
Mayor