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City Council-Agenda Packets-1/19/2010
City of Colleyville 100 Main Street ,`~~` r _ Colleyville, Texas 76034 ~ ~'~~~ _ ~i1~ Agenda 817.503.1000 ~~~~~ www.colleyville.com ~....,. City Council Tuesday, January 19, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the McPherson Park Milking Barn Concept Plan PC-2 Discussion of a proposal to reexamine the SH26 reconstruction project PC-3 Discussion of changing the date of the first regular City Council meeting of March 2, 2010 to March 3, 2010 PC-4 Presentation of the Monthly Financial Report -December 2009 PC-5 Discussion of the January 19, 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 -RUSSELL SHELLEY -FIRE CHIEF City of Colleyville Page 1 Printed on 1/15/2010 City Council Agenda January 19, 2010 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor David Jung, Crown of Life Lutheran 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-10-3188 3. OATH OF OFFICE 3a Administer the Oath of Office to Russell Shelley, Fire Chief 4. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation Presentation of a donation to the Colleyville Public Library for the purchase of a 3M Staff Work Station, by the Colleyville Public Library Foundation -Cecilia Monacelli, President In recognition of Melinda Schelske, Administrative Court Clerk, Certified Court Clerk - Level I -Karen Hines, Finance Manager Proclamation Proclamation declaring January 29, 2010 as Luevenia Fells Day and recognizing Mrs. Fells 104th birthday 5. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3189 5a Approval of the minutes of the regular City Council meeting of January 5, 2010 5b Approval to authorize the City Manager to execute the closing documents for the sale of Lot 15B, Block 2, of the Fairway Addition, No. 1 City of Colleyville Page 2 Printed on 1/15/2010 City Council Agenda January 19, 2010 5c Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Cheek Sparger Road, from SH26 to Oakbriar Lane and authorize the City Manager to execute the agreement 5d Approval to amend the Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) consortium, and the City of Arlington, by adding the City of Fort Worth, adjusting the contract costs, and authorizing the City Manager to execute the agreement, in an amount not to exceed $136,000 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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 7. ORDINANCE(S) FIRST READING AND PUBLIC HEARING 7a 0-10-1742 Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code, Case GC09-020 7b 0-10-1743 Approval of a request for a Special Use Permit for a second hand goods shop located on Lot 2A, Block 6R of the Woodbriar Estates West Addition located at 3811 Colleyville Boulevard, Suite B, Case ZC09-017 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a R-10-3190 Consideration of appointments to the Colleyville Tree Board 8b R-10-3191 Consideration of appointments to the Park Land Dedication Committee 8c R-10-3192 Consideration of changing the date of the first regular City Council meeting of March 2, 2010 to March 3, 2010 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Senior Center Advisory Committee Minutes -September 17, 2009 Library Board Minutes -October 12, 2009 City of Colleyville Page 3 Printed on 1/15/2010 City Council Agenda January 19, 2010 Parks and Recreation Advisory Board Minutes -November 2, 2009 Planning and Zoning Commission Minutes -December 14, 2009 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING .COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 19, 2010 - Reading and Public Hearing -Resolution R-10-3193 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, January 15, 2010, by .m. J' Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 1/15/2010 ~ IY)__„ f -' ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 r„°: Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 01/19/2010 Requester: Parks and Recreation Agenda No.: PC-1 Department Final Action: File Name: Presentation of the McPherson Park Milking Barn Concept Plan Attachments: McPherson Park Milking Barn Renderings.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/19/2010 City Council Title Presentation of the McPherson Park Milking Barn Concept Plan Explanation This item is provided as an opportunity for staff to update City Council on the Milking Barn Concept Plan. Representatives with the consulting firm of la terra studio, inc., will make a presentation. The intent of the project is to portray how a milking barn functioned. The concept graphics are created in athree-dimensional computer graphics program that depicts how users will experience the space. Staff has contacted the McPherson family to discuss how the milking barn functioned. Ronnie McPherson is researching the possibility of donating a milking machine to be used in the milking barn exhibit. Staff is also researching other resources for dairy farm items. The estimated cost for the concept plan is $50,000, and includes the following items: • Exterior building improvements -clean and repair $ 6,500 Interior building improvements -windows, viewing area $ 14,500 Informational signs (5) $ 7,500 Decorative cow and cow bench $ 5,500 Accessible concrete path $ 4,000 Split rail fence and turf establishment $ 2,500 • Interior lighting for viewing area $ 5,000 Contingency 10% $ 4,500 TOTAL $ 50,000 Status: Pre Council Controlling Body: City Council City of Colleyville Page 1 Printed on 1/13/2010 Agenda Briefing Continued Funding is available in the McPherson Park construction contingency fund which has an approximate balance of $170,000. City of Colleyville Page 2 Printed on 1/13/2010 :'' :. Y Y i~~ ~'; y ~ " ~,~~ :. ~ r .; ~ . ,~ ~~' ' ~ ~ i, ~, F ~~ ~ S ~ it ! ',< iF'G Lf ~.. _ t, ~, .. ~- --_ _ __ _ __ _. __ _ __ ~ ~' Y f (1 ~ J ~~ .., ~,- r F 1 i , i i ` '~ ~ ~ ~~~. ~ ~ 1 t ~ ~''F; ~ ~ ~~ ~ ' ' it ~t 0.~fi: t(f P . 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""~-j~ t ~ ~_ .yQ~.~J~ ii f - ~ ,:~ I T- • ~ 1 il r ~ ?w ._ ~ __~ _ tit ~ + _t _ ~ _ .~~, ~. ~q o~ `~ ~ City of Colleyville City Hall ~ 100 Main Street Colleyville, Texas 76034 r,~,,, Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Filed Version: 1 Agenda Date: 01/19/2010 Controlling Body: City Council Requester: Economic Agenda No.: PC-2 Final Action: 01/05/2010 Development Department File Name: Discussion of a proposal to reexamine the SH26 reconstruction project Attachments: SH26 Project Timeline -January 2010.pdf Correspondence from Gateway dated November 30, 2009 Professional Services Agreement History of Legislative File Version: Date: Acting Body: Action Text: 1 01/05/2010 City Council 1 01/19/2010 City Council Title Discussion of a proposal to reexamine the SH26 reconstruction project Explanation At the January 5, 2010, Pre Council meeting, Scott Polikov, Gateway Planning Group, gave a presentation for City Council's consideration regarding the SH26 project. This item allows the opportunity for continued discussion. City Council asked Mr. Polikov to return and elaborate on the Scope of Work and deliverables outlined within the proposal. Mr. Polikov will focus on the two conceptual plans and cost estimates associated with each, as well as share more on similar studies and plans Gateway has done for other communities. As City Council considers the sustainability and viability of the SH26 corridor through Colleyville, staff provides the following key elements which describe the current conditions: 1. Scheduling of the SH26 reconstruction project is at a standstill as a result of other regional transportation projects being identified as higher priorities by the Regional Transportation Council. Design of franchise utility relocation was suspended by the Texas Department of Transportation (TxDOT) in August 2009. 2. The current design is six years old and may be obsolete in light of TxDOT's newly revised Design Manual. 3. The existing construction project is still incomplete, as current funding allows reconstruction from Brumlow/Pool Road south to Hall-Johnson Road. City of Colleyville Page 1 Printed on 1/15/2010 Agenda Briefing Continued 4. Previous funding approaches have not resulted in any forward movement in project scheduling or construction. 5. Due to the importance of the reconstruction project to the development community, alleviating the uncertainty of this project's scope and timing is important to the proposed Overlay District and draft set of Design Guidelines. 6. Finally, a reevaluation of the project may open up other funding sources for this project. Staff proposes to fund this agreement with Gateway, in the amount of $19,500, from the City's portion of interest income earned by the Tax Increment Finance District fund. A project timeline summarizing the history of this project is provided. City of Colleyville Page 2 Printed on 1/15/2010 SH26 PROJECT TIMELINE -JANUARY 2010 December 2000 SH26 design consultant selected July-August 2001 TxDOT funding issues delay design efforts 2002 Engineering design of SH26 underway • Environmental assessment underway • Drainage issues under preliminary design 2003 Engineering design completed • Issues at this time are roadway alignment and bridge design February 2004 . TxDOT and City staff meet to discuss potential issues involved with the relocation of utilities along SH26 • TxDOT advises that right-of-way acquisition will take 30-36 months Apri12005 TxDOT representatives and City staff meet to discuss the SH26 project • TxDOT advises that right-of-way acquisition will take approximately 18 months November 2006 - . Regular TxDOT Utility Relocation/R.O.W. meetings held September 2007 October 2007 TxDOT Utility Relocation/R.O.W. meeting held • Anticipated bid letting date is September 2009 • 92 of 167 parcels acquired; 39 parcels in condemnation November 2007 TxDOT Utility Relocation/R.O.W. meeting held • Anticipated bid letting date is September 2009 • 93 of 167 parcels acquired; 41 parcels in condemnation Fa112007 TxDOT denied a permit request by the City to install enhanced signalization on SH26 December 2007 . TxDOT Utility Relocation/R.O.W. meetings cancelled January 2008 City staff met with representatives of NCTCOG regarding funding issues related to SH26 January 2008 • TxDOT Utility Relocation/R.O.W. meeting held • TxDOT advises that the right-of-way acquisition budget has been reduced and does not know which projects are affected • SH 26 project has been temporarily suspended due to funding issues SH26 PROJECT TIMELINE -JANUARY 2010 January 2008 • City of Colleyville submits letter to NCTCOG for its consideration of various proposed funding strategies to complete the SH26 project February 2008 • TxDOT Utility Relocation/R.O.W. meeting held • TxDOT states that right-of-way acquisition on SH26 is on hold due to funding issues • Anticipated bid letting date remains September 2009 March 2008 • TxDOT Utility Relocation/R.O.W. meeting held • TxDOT advised that the Grapevine portion of SH26 will be constructed first, and then a portion of the Colleyville project will be constructed at a later date based on available funding • Anticipated bid letting date remains September 2009 May 2008 • TxDOT cancels Utility Relocation/R.O.W. meeting • City staff contacts TxDOT representative and is advised that franchise utility companies are concentrating their efforts on priority projects, such as DFW Connector and Grapevine portion of SH26 • City staff advised by TxDOT that the bid letting date is changed to March 2010 June 2008 Right-of-way parcels in condemnation will be moved forward for acquisition. Other parcels being placed on "hold" and acquired at a future date • Southern limit of project is north of Hall-Johnson Road • Anticipated bid letting date remains March 2010 • TxDOT denied permit application by the City to install signalization Summer 2008 enhancements on SH26, as part of the proposed Central Fire Station Signal project August 2008 • TxDOT Utility Relocation/R.O.W. meeting held • TxDOT representative did not contact franchise utilities about the meeting • City staff advised that the bid letting remains March 2010 • Other projects have higher priority for construction, including SH121 (south of Fort Worth), DFW Connector, and 130 (adjacent to new football stadium) • Right-of-way acquisition will take approximately 18 months to complete • Utility relocation cannot be performed until right-of-way is acquired • Project limits remain from Pool Road to an unknown point north of Hall-Johnson Road September 2008 TxDOT advised City staff that mowing of high grass cannot be performed within right-of-way of SH26. City personnel initiated mowing operations alon SH26 SH26 PROJECT TIMELINE -JANUARY 2010 October 2008 Utility Relocation/R.O.W. meeting cancelled by TxDOT November 2008 TxDOT Utility Relocation/R.O.W. meeting held • City advised that bid letting date is changed to March 2011 • Construction to begin in early 2012 • R.O.W. acquisition will take another 16-18 months to complete November 25, 2008 gill Riley, TxDOT Transportation Planning Director states in a conversation with staff that City's contribution of approximately $5M is necessary in order to maintain project limits north of Hall-Johnson Road December 2, 2008 TxDOT presents SH26 Project update to City Council Spring 2009 City staff requests that TxDOT address dangerous shoulder and drive approach at SH26 and John McCain Spring 2009 City staff requested that TxDOT reevaluate signal left turn and timing sequences at several intersections along SH26 -request was denied by TxDOT May 2009 City met with TxDOT, County, and NCTCOG representatives regarding scope of work on SH26 and associated project-funding re uirements. All parties a reed to discuss the issue in Jul 2009 July 2009 City and County representatives met on a conference call with TxDOT and NCTCOG regarding the extension of SH26 to Glade Road - Funding needs from each entity were established August 2009 City Staff advised by TxDOT that all SH26 utility relocation efforts, including coordination meetings with franchise utilities, have been discontinued indefinitely due to higher priorities being placed on other area projects by TxDOT, and due to funding issues expressed in the July 2009 conference call. Right-of-way acquisition along SH26 continues September 2009 City staff is contacted by NCTCOG and advised that funding will not be available for extension of SH26 beyond Hall-Johnson Road. Project remains on hold Fall 2009 City staff discusses alternatives related to the re-design and funding of SH26 with a consultant r November 30, 2009 0 u ~' Ms. Jennifer Fadden City Manager -~ City of Colleyville 100 Main Street ~, Colleyville, Texas 76034 r~ ~~~ Re: Colleyville Boulevard (SH 26) Revitalization Initiative ~:a ~' Dear Ms. Fadden: v, r 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 `r 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 develo m t d ' hb h d t t d tat t II d =~ Texes oeparlment of Tranaportagon p en an nerg or oo con ex aroun s e con ro e 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 Thorough fares. 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 land 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. wwtiv.gate~~rayplanning.carn 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 participation on the team is advantageous to all. The key to this process will be to balance the accommodation of future travel demand regionally with local access along and 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~an 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) Page 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 Page 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 retail and the - _ -- r:'~ .~y ~y7 t! +,i ~~ ~.,~.,.,~, = ~o ~ ~~ ma.~.~.~'<,C ~:;_ _ ;. ~....A.o.~..~, rid n /, ,.JY' ~ T ~ ~ ~~~ - - . f~' _`` i:.~` ...,., r/~[ ,~ / ~ • -~ s ~f ~~ f/ P ~~~ 5 ~~' ..~~~ ~~'~ i~ .. ._ ~ ,. - _ _. _. t~ _.. 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. C 'M!mneeet.,MNYy. s r..p `~ swz , m ew s... r ~ center of city government, 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. I...~bls n ~-. M~1~~~ i .e ~~' r --er.iw / 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 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 redevelopment vision. ,~w~~r.gatewayp{annin~.com 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, Hutto has exploded with growth. Hutto recently purchased the historic Grain Coop Site next to its historic downtown. This purchase of approximately 40 acres provides Hutto with the perfect location to 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. ;raw.°a.gate~vayplannin~.com ~ateway PROFESSIONAL SERVICES AGREEMENT (Colleyville Boulevard - SH 26 Initiative) 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 I 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. 11. 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 ~jateway 1'~nn<s;~ (;rawN 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: PROFESSIONAL SERVICES AGREEMENT Page 2 ~jatewat~. r~~~sn:;~s c.ti~,P Schedule " I" Gateway Planning Group, Inc. shall undertake the tasks and provide the deliverables as follows: 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) 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 SERVICES AGREEMENT Page 3 i.~'.~~/ ,_. ~ City of Colleyville 100 Mltain Street Colleyville, Texas 76034 ~~~°~" Agenda Briefing 817.503.1000 www.colleyvil le.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Manager Agenda Date: 01/19/2010 Agenda No.: PC-3 Controlling Body: City Council Final Action: File Name: Discussion of changing the date of the first regular City Council meeting of March 2, 2010 to March 3, 2010 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 01/19/2010 City Council Title Discussion of changing the date of the first regular City Council meeting of March 2, 2010 to March 3, 2010 Explanation This item is at the request of Councilmember Mike Taylor and provides the opportunity for the City Council to consider changing the date of the March 2, 2010 City Council meeting to March 3, 2010 as March 2, is Primary Election Day and precinct conventions convene at 7:00 p.m. that day. A resolution is included on the regular City Council agenda for consideration of the meeting date change. __ City of Colleyville Page 1 Printed on 1/13/2010 `~~ ~ ~ City of Colleyville r... Agenda Briefing File Number: File Type: Pre Council Version: 1 Agenda Date: 01/19/2010 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Status: Pre Council Controlling Body: City Council Requester: Finance Department Agenda No.: PC-4 Final Action: File Name: Presentation of the Monthly Financial Report -December 2009 Attachments: December 2009 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 01/19/2010 City Council Title Presentation of the Monthly Financial Report -December 2009 Explanation The percentage of current year taxes collected is slightly behind that of December 2008. Sales tax revenue received in December was down 25.92% for a difference of almost $53,000. The quarterly amount received for cable franchise was up $16,000 over the projected amount. Eight residential building permits were issued along with one commercial building permit. The number of permits issued year to date is below the number projected. Therefore, permit revenues are down $40,000 compared to the budgeted year-to-date projection. Fine revenues are almost $25,000 over the budgeted projection. Ambulance revenues are almost $15,000 over budgeted projection and Colleyville Center's revenues lag behind projections by almost $17,000. The average amount expended by the General Fund departments at the end of December 2009 is 24.9% of the total appropriation, verses 25% which was projected to be spent. Utility Fund Water usage decreased significantly as compared to the amount sold in December 2008. The average amount expended by the Utility Fund departments at the end of December 2009 is 20.2% of the total appropriation, versus 25% which was projected to be spent. City of Colleyville Page 1 Printed on 1/13/2010 MONTHLY FINANCIAL REPORT -DECEMBER 2009 GENERAL FUND FY 2010 REVENUE SOURCE BUDGET Current Taxes $10,226,024 Delinquent Taxes 72,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $10,353,024 Oncor Electric Tri-County Electric Atmos Gas AT&T Verizon/Others Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits Irrigation Permit .TOTAL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $828,667 125,000 352,000 122,000 45,000 126,000 225,000 $1,823,667 ~ $2,561,375 72,000 $2,633,375 $452,487 54,151 34,180 44, 940 58,265 51,146 2,190 1,400 8,093 3,675 12,000 6,800 $729,327 $825,000 45, 000 23,124 $893,124 RECEIVED AS OF 12/31 /2009 $4,776,303 30,007 7,282 $4,813,592 $3,181 0 0 30,315 11,340 28,226 72,674 $145,736 $150,241 19,832 $170,073 $87,320 9,936 6,603 8, 539 7,005 14,403 658 103 1, 035 1,275 2,050 3,138 $142,065 $233,002 6,600 5,100 $244,702 PROJECTED AS OF 12/31 /2009 $4,679,071 27,000 6,500 $4,712,571 $0 0 0 30,500 11,250 15,750 56,250 $113,750 $202,807 18,000 $220,807 $113,122 13,538 8,545 11,235 14, 566 12,787 548 350 2,023 919 3,000 1,700 $182,332 $206,250 8,000 5,781 $220,031 RECEfVED AS OF PERCENT 12/31/2008 CHANGE $3,872,055 23.35% 25,300 18.60% 5,803 25.49% $3,903,158 23.33% $0 100.00% 0 0.00% 0 0.00% 31,167 -2.73% 9,347 21.32% 29,018 -2.73% 54,146 34.22% $123,678 17.84% $202,807 -25.92% 17,966 10.39% $220,773 -22.96% $126,587 -31.02% 15,607 -36.34% 8,623 -23.43% 11,035 -22.62% 9,040 -22.51 11,913 20.90% 235 180.00% 300 -65.67% 1,425 -27.37% 550 131.82% 5,063 -59.51 0 100.00% $190,378 -25.38% $183,224 27.17% 9,100 -27.47% 5,051 0.96% $197,375 I 23.98% MONTHLY FINANCIAL REPORT -DECEMBER 2009 REVENUE SOURCE FY 2010 BUDGET Re-zoning $4,645 Plat Fee/Site Plan 4,450 Board of Adjustment 1,313 Sale of Material 1,409 Weed Mowing 7,500 Animal Impoundment 2,500 Ambulance 245,000 Recreation Program 184,900 Non-Resident Fee Parks 21,900 Field Use Charge 18,100 Engineering & Inspection 10,000 Chgs & Reimbursements 200 Colleyville Center Rental 244,400 Lot Drainage Insp Fee 7,000 TOTAL CHARGES FOR SERVICE $753,317 DARE Officer Reimb TOTAL INTERGOVERNMENTAL Sale of Surplus Property Interest Income Miscellaneous Use of Available Cash Antenna Lease TOTAL MISCELLANEOUS Transfer from Utility Fd TOTAL TRANSFERS TOTAL GENERAL FUND REVENUES $89,792 $89,792 $3,000 100,000 55, 000 1,683,238 30,208 $1,871,446 $816,297 $816,297 RECEIVED AS OF 12/31 /2009 $1,625 1,115 250 47 7,010 1,138 75,984 10,937 8,010 8,010 3, 966 0 44,377 2,500 $164,968 $0 $0 $0 2,122 19,445 0 30,676 $52,243 $0 $0 PROJECTED AS OF 12131 /2009 $1,161 1,113 328 352 1,875 625 61,250 11,500 10,950 9,050 2,500 50 61,100 1,750 $163,604 $0 $0 $0 2,100 11,500 0 25,000 $38,600 $0 $0 $19,963,369 $5,733,379 $5,651,695 RECEIVED AS OF 12/31 /2008 $1,270 1,814 500 499 2,273 460 54,318 19,025 10,600 10,865 0 0 64,168 3,125 $168,917 $0 $0 $0 15,058 15,341 0 24,836 $55,235 PERCENT CHANGE 27.95% -38.53% -50.00% -90.60% 208.40% 147.28% 39.89% -42.52% -24.43% -26.28% 100.00% 0.00% -30.84% -20.00% 2.34% 0.00% 0.00% 0.00% -85.91 26.75% 0.00% 23.52% -5.42% $0 0.00% $0 0.00% $4,859,514 17.98% MONTHLY FINANCIAL REPORT -DECEMBER 2009 TOTAL PERCENT FY 2010 THROUGH THROUGH INCREASE INCREASE BUDGET 12/31/2009 12/31/2008 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 58.11 % 59.64% -1.53% -2.57% RESIDENTIAL BLDG PERMITS 73 16 24 (8) -33.33% COMMERCIAL BLDG PERMITS 10 3 0 3 0.00% PLUMBING/MECHANICAL PERMITS 1,100 231 284 (53) -18.66% ELECTRICAL PERMITS 350 93 89 4 4.49% CITATIONS ISSUED 11,500 3,681 2,449 1,232 50.31% CITATIONS APPEALED 350 399 193 206 106.74% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2010 THROUGH PROJECTED 25% OF THE BUDGET BUDGET 12/31!2009 EXPENDITURES YEAR COMPLETED REMAINING City Council $258,412 $82,140 $74,177 31.79% $176,272 City Manager 620,707 150,740 155,566 24.29% 469,967 City Secretary 284,775 56,331 64,330 19.78% 228,444 Finance 494,122 116,599 131,858 23.60% 377,523 Legal 118,960 21,866 9,913 18.38% 97,094 Engineering 440,482 103,640 107,567 23.53% 336,842 Economic Development 300,327 58,740 59,741 19.56% 241,587 Building Inspection 423,460 107,006 110,406 25.27% 316,454 Community Development 215,077 44,496 47,719 20.69% 170,581 Fire 5,037,762 1,994,866 2,005,073 39.60% 3,042,896 Police 4,404,179 1,019,549 1,046,271 23.15% 3,384,630 Parks 1,569,219 324,280 352,785 20.67% 1,244,939 Recreation 334,811 68,985 77,357 20.60% 265,826 Streets & Drainage 2,744,486 225,813 230,320 8.23% 2,518,673 Library 705,817 162,076 168,182 22.96% 543,741 Communications 164,722 35,570 35,567 21.59% 129,152 Colleyville Center 387,890 79,570 86,496 20.51 % 308,320 Human Resources 242,339 55,003 57,022 22.70% 187,336 Municipal Court 276,394 58,841 61,130 21.29% 217,553 Fleet Maintenance 219,034 54,484 54,811 24.87% 164,550 Building Services 231,031 82,612 77,779 35.76% 148,419 Information Services 339,202 67,962 63,946 20.04% 271,240 Capital Equipment Reserve 150,000 0 0 0.00% 150,000 TOTAL EXPENSES $19,963,208 $4,971,171 $5,078,015 24.90% $14,992,037 MONTHLY FINANCIAL REPORT -DECEMBER 2009 UTILITY FUND RECEIVED PROJECTED RECEIVED FY 2010 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET 12/31/2009 12/31/2009 12/31/2008 CHANGE Water Sales $7,996,383 $1,354,692 $1,239,439 $1,846,363 -26.63% Sewer Sales 2,493,105 722,506 623,276 566,160 27.62% Sewer Installation 7,500 1,900 1,875 5,725 -66.81% Water Installation 20,000 3,870 5,000 12,000 -67.75% Sewer Tie-on Charges 5,000 0 1,250 1,250 0.00% Engineering Charges 2,100 4,370 525 8,750 -100.00% Penalties 167,985 52,824 41,996 42,027 25.69% Miscellaneous 15,000 4,677 3,750 3,750 24.71 TOTAL OPERATING INCOME $10,707,073 $2,144,838 $1,917,112 $2,486,025. -13.72% Interest Income $75,000 $5,640 $0 $26,000 0.00% TOTAL NON-OPERATING INCOME $75,000 $5,640 $0 $26,000 0.00% TOTAL INCOME $10,782,073 $2,150,477 $1,917,112 $2,512,025 -14.39% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 12/31/2009 12/31/2008 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 377,846,900 606,604,300 (228,757,400) -37.71 NUMBER OF WATER CUSTOMERS 8,924 8,926 (2) -0.02% UTILITY FUND EXPENSES FY 2010 BUDGET Administration $215,694 Billing 499,948 Operations 8,079,590 Debt Service 898,940 Transfer to General Fund 816,297 TOTAL EXPENSES $10,510,469 EXPENDED YEAR-TO-DATE % EXPENDED THROUGH PROJECTED 25% OF THE BUDGET 12/31!2009 EXPENSES YEAR COMPLETED REMAINING $54,481 $54,105 25.26% $161,213 111,527 110,650 22.31% 388,421 1,238,555 1,388,711 15.33% 6,841,035 718,798 718,798 79.96% 180,142 0 0 0.00% 816,297 $2,123,361 $2,272,265 20.20% $8,387,108 ~~~ ~~~. ~~ r.<.:< City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 01/19/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-5 Final Action: Secretary File Name: Discussion of the January 19, 2010 City Council meeting regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 01/19/2010 City Council Title Discussion of the January 19, 2010 City Council meeting regular agenda items City of Colleyville Page 1 Printed on 1/13/2010 ,.~~ "' ~ City of Colleyville ,oo Mlain Street Colleyville, Texas 76034 ,~.xn. ~ Agenda Briefing a17. so3.lo00 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 01/19/2010 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -January 19, 2010 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 01/19/2010 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 1/11/2010 RESOLUTION R-10-3188 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 19, 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: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor l~l ~~( ~~ ~ City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 °x~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Oath of Office Status: Oath of Office Version: 1 Agenda Date: 01/19/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Administer the Oath of Office to Russell Shelley, Fire Chief Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 01/19/2010 City Council Title Administer the Oath of Office to Russell Shelley, Fire Chief City of Colleyville Page 1 Printed on 1/11/2010 ,~ ~ 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: 01/19/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: 4 Final Action: Secretary File Name: Announcements and Presentations -January 19, 2010 Attachments: Proclamation declaring January 29, 2010 Luevenia Fells Day.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/19/2010 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation Presentation of a donation to the Colleyville Public Library for the purchase of a 3M Staff Work Station, by the Colleyville Public Library Foundation -Cecilia Monacelli, President In recognition of Melinda Schelske, Administrative Court Clerk, Certified Court Clerk -Level -Karen Hines, Finance Manager Proclamation Proclamation declaring January 29, 2010 as Luevenia Fells Day and recognizing Mrs. Fells 104th birthday City of Colleyville Page 1 Printed on 1/12/2010 rocr~n~~tion Colleyville, Texas WHEREAS: On January 29, 2010, Luevenia Fells, a Colleyville resident, will reach the age of 104; and WHEREAS, Luevenia Fells is the oldest of three children born to Harrison and Rachel Nelson of Dumas, Arkansas on January 29, 1906; and WHEREAS, Luevenia's childhood was spent enjoying time with her family and learning to cook. She enjoyed fishing, quilting, knitting, and sewing, but most of all, cooking for her family and friends; and WHEREAS, following the death of her husband in 1995, Luevenia spent most of her time traveling with her granddaughter to Colorado, Illinois, Oregon, and Maryland; and WHEREAS, Luevenia has 12 grandchildren, 24 great grandchildren, and one great- greatgrandchild; and WHEREAS, Luevenia has been known by family as Momma Lue, referred to by close friends as Lue and at times referred to as simply Momma; and WHEREAS, Luevenia has also been known as Mom to her children, Frederick Fells and the late Dorie Fells. NOW, THEREFORE, 1, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council, do hereby declare January 29, 2010 as LUEVENIA FELLS DAY and encourage family, friends and associates to extend their congratulations and well wishes to Mrs. Fells. IN WITNESS WHEREOF, 1 do hereby set my hand and seal of the City of Colleyville, ~~ Texas, affixed this 19th day of January 2010. Mayor ~~~ o~ ~x.,s RESOLUTION R-10-3189 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 19, 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 January 5, 2010 b. Approval to authorize the City Manager to execute the closing documents for the sale of Lot 15B, Block 2, of the Fairway Addition, No. 1 c. Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of .Cheek Sparger Road, from SH26 to Oakbriar Lane and authorize the City Manager to execute the agreement d. Approval to amend the Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) consortium, and the City of Arlington, by adding the City of Fort Worth, adjusting the contract costs, and authorizing the City Manager to execute the agreement, in an amount not to exceed $136,000 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 `~ ~ Clt of Colle V~~~e 100 Main Street '~ Colleyville, Texas 76034 City Council Minutes -Draft 817.503.1000 "'"" www.colleyville.com City Council Tuesday, January 5, 2010 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 5, 2010, at 5:33 p.m. Mayor Kelly wished everyone a Happy New Year, introduced Police Chief Steve Dye and congratulated Terry Leake on the promotion to Assistant City Manager and Chief Financial Officer. 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/Chief Financial Officer Terry Leake, Strategic Services Manager Kelly Cooper, Retiring Police Chief Tommy Ingram, Incoming Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Manager Karen Hines, Economic Development Director Marty Wieder, Human Resources Manager Elise Welborn, Community Development Director Ron Ruthven, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Communications Director Mona Gandy, Parks and Recreation Director Monica Walsh, Information Systems Manager Chris Pena, Marketing Coordinator Ashley Stathatos, Management Assistant Christine Loven, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Update of the 10 Year Street Capital Improvement Plan (CIP) Public Works Director Steve Chutchian provided an update of the 10 year Street Capital Improvement Plan (CIP), reviewed the status of the Fiscal Year 2010 Projects and answered questions of the City Council. Discussion ensued regarding the Tara Plantation subdivision street rehabilitation project, the street reconstruction process, the timeline for the Pool Road and Jackson Road intersection and Martin Parkway and Cheek Sparger Road projects and the street CIP funding sources. City Council requested the status of street construction and intersection improvement projects be provided on the City's web site. City of Colleyville Page 1 Printed on 1/15/2010 City Council City Council Minutes -Draft January 5, 2010 PC-2 PC-3 Presentation and discussion of the Colleyville branding plan Economic Development Director Marty Wieder stated the City Council determined during the strategic planning session in September 2009 that branding Colleyville with a unique identity be a priority and stated Marketing Coordinator Ashley Stathatos will present the branding development plan. Marketing Coordinator Ashley Stathatos defined branding and reviewed the process, benefits and objectives of branding and answered questions of the City Council. Economic Development Director Marty Wieder spoke regarding the value of executing the brand development phases and presented the economic development marketing graphic image of the gold star as a potential logo for the City. Discussion ensued regarding the process for development of a city-wide logo, brand message and logo style. Ms. Stathatos reviewed the brand development phases of research, strategy, design, implementaiton and evaluation and answered questions of the City Council. There was general discussion regarding the history, value, tagline and design of the current logo, a new logo image and the benefits of a city-wide logo. City Council determined staff should continue with brand development, and present several logo designs, including an updated version of the current logo, for City Council consideration. Discussion of a proposal to reexamine the SH26 reconstruction project Mayor Kelly spoke regarding the status of the SH26 reconstruction project. Economic Development Director Marty Wieder introduced Mr. Scott Polikov of Gateway Planning Group, to discuss the SH26 reconstruction project details, concerns and new opportunities. Mr. Scott Polikov spoke regarding redevelopment corridors, TxDOT's criteria for roadway designs to include servicing regional transportation needs and the City's local plans, the economic development impact of the reconstruction of SH26, the structure for a new road design and City of Colleyville Page 2 Printed on 1/15/2010 City Council City Council Minutes -Draft January 5, 2010 funding partnerships with TxDOT and North Central Texas Council of Government (NCTCOG). Discussion ensued regarding the impact of a new proposal for SH26 design on the project timeline and the reinvention of a partnership with TxDOT for a new design strategy and funding opportunities. PC-4 1. 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 There was no Executive Session meeting. City Council requested staff provide additional information regarding a new partnership with TxDOT and NCTCOG for the redesign and funding of the SH26 reconstruction project. Discussion of the January 5, 2010 City Council meeting regular agenda items There was no discussion of regular agenda items. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 7:01 p.m. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 3 Printed on 1/15/2010 City Council City Council Minutes -Draft January 5, 2010 A reception was held for Police Chief Steve Dye. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 5, 2010, at 7:36 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/Chief Financial Officer Terry Leake, Strategic Services Manager Kelly Cooper, Retiring Police Chief Tommy Ingram, Incoming Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Manager Karen Hines, Economic Development Director Marty Wieder, Human Resources Manager Elise Welborn, Community Development Director Ron Ruthven, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Communications Director Mona Gandy, Parks and Recreation Director Monica Walsh, Information Systems Manager Chris Pena, Marketing Coordinator Ashley Stathatos, Management Assistant Christine Loven, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. INVOCATION: Pastor J. Franks, Compass Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle The Police Honor Guard presented the colors. 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-10-3185 This resolution was not needed. 3. OATH OF OFFICE Mayor Kelly introduced Police Chief Steve Dye and expressed appreciation to all of the law enforcement personnel for attending the meeting to honor Police Chief Dye. City Secretary Cynthia Singleton administered the Oath of Office to Police Chief Steve Dye. Police Chief Steve Dye expressed appreciation to the Mayor and City Council, citizens and the men and women of the Colleyville Police Department for attending the reception and ceremony. Chief Dye acknowledged Colleyville officials, employees, family and friends, Chief City of Colleyville Page 4 Printed on 1/15/2010 City Council City Council Minutes -Draft January 5, 2010 Mitch Bates, Chief T. Bowman, Chief Eddie Salome, Garland City officials, Garland, Houston, Dallas and Arlington Police Officers and Mr. Casey and Ms. Esselbach from the FBI for sharing the evening. He also spoke regarding service as a public safety official and stated it is an honor and privilege to be selected as the City of Colleyville Police Chief and serve with the professional members of the Colleyville Police Department, citizens and staff. 4. ANNOUNCEMENTS AND PRESENTATIONS Mayor Kelly recognized Sherry Pipkin for service on the Celebrate Colleyville Steering Committee. Mayor Kelly presented a plaque to Robin Waggoner in recognition of service on the Celebrate Colleyville Steering Committee. Mayor Kelly presented a plaque to Evelyn Englert in recognition of service on the Colleyville Center Advisory Committee. Ms. Englert stated it was a pleasure to serve with the Colleyville Center Advisory Committee members and Colleyville Center Manager Lin Przybyl. Mayor Kelly presented a plaque to Muriel Havran for service on the Colleyville Center Advisory Committee and stated Ms. Havran and Mr. Havran were instrumental in the planning, fundraising and policy organization of the Colleyville Center and Ms. Havran was appointed to the original Committee in 1998. Ms. Havran expressed appreciation for the recognition and stated she loves to know what is happening in the community and the best way to do that is to serve on a committee. Mayor Kelly presented a plaque to Deena Dendy in recognition of service on the Parks and Recreation Advisory Board. Ms. Dendy expressed. appreciation to Parks and Recreation Director Monica Walsh and stated it has been an honor to serve on the Board. Mayor Kelly presented a plaque to Bahjat McElroy for service on the Colleyville Trails and Sidewalks Committee. Mayor Kelly presented a plaque to Scott Evans in recognition of service on the Traffic Safety Advisory Committee. Mayor Kelly recognized Mr. Brian Estridge for service on the Parks and Recreation Advisory Board. City of Colleyville Page 5 Printed on 1/15/2010 City Council City Council Minutes -Draft January 5, 2010 Mayor Kelly expressed appreciation to everyone who attended the reception for Police Chief Dye. 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 Mayor Kelly read Resolution R-10-3186 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-10-3186. 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 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 Mayor Kelly read the caption of Ordinance 0-09-1740. Mayor Kelly opened the public hearing. Mr. David Gaona, 624 Creekview Lane, representing Jim and Fran Gray, presented a letter from the Architectural Committee of the homeowner's association (HOA). Mayor Kelly stated the HOA letter approves the design work of the porch. City of Colleyville Page 6 Printed on 1/15/2010 City Council City Council Minutes -Draft January 5, 2010 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-09-1740. 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 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 Mayor Kelly read the caption of Ordinance 0-10-1741. Community Development Director Ron Ruthven provided an overview of the request for a zoning change to PUDC -Planned Unit Development Commercial and stated the new development would expand the self storage facility and add office and retail uses along Colleyville Boulevard with office/warehouse uses to be located between the self storage units. The Planning and Zoning Commission recommended 101 parking spaces and requested, in .lieu of allowing reduced open space, the applicant be required to plant larger trees along the southern boundary line. Mr. Ruthven further stated staff recommends a mutual access easement be added along the entire frontage of SH26 to link properties adjacent to each other, building exteriors be composed of 75% masonry and the exterior colors of the new buildings be a dark hue and that the proposed plan is in compliance with the Master Plan. The Planning and Zoning Commission and staff recommends approval with conditions provided in the proposed ordinance. Mayor Kelly opened the public hearing. Mr. Santos Martinez, 900 Jackson, Dallas, Texas, representing the applicant, presented information regarding the building size, parking spaces, green space, topography change between the planned development- and residential area, location and size of the propane tank, fire apparatus access, setback and landscape buffer. City of Colleyville Page 7 Printed on 1/15/2010 City Council City Council Minutes -Draft January 5, 2010 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the size, location, use and safety of the propane tanks, frontage to SH26, building use and market for office showrooms. Fire Chief Russell Shelley spoke regarding state regulations for the operation of propane tanks and stated the propane tanks in the City are very safe. City Council requested the applicant provide data reflecting the current demand for office and showroom uses and a detailed building elevation illustration of the front office and retail building and staff provide information regarding commercial liquid propane gas storage and dispensing tanks in the City and visual representation of propane tanks. 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: There was no discussion of this item. 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 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn. 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 Mayor Kelly adjourned the meeting at 8:24 p.m. City of Colleyville Page 8 Printed on 1/15/2010 City Council City Council Minutes -Draft January 5, 2010 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 9 Printed on 1/15/2010 '~~ City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r-„ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 01/19/2010 Agenda No.: 5b Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval to authorize the City Manager to execute the closing documents for the sale of Lot 156, Block 2, of the Fairway Addition, No. 1 Attachments: Lot 156, Block 2, Fairway Addition, No. 1.pdf History of Legislative File Version: Date: Acting Body: Action Text: 01/19/2010 City Council Title Approval to authorize the City Manager to execute the closing documents for the sale of Lot 15B, Block 2, of the Fairway Addition, No. 1 Explanation Reading and Public Hearing Staff completed the physical abandonment of the water well located on Murphy Road, between Precinct Line Road and Curtis Road in September 2008, in accordance with Texas Commission on Environmental Quality (TCEQ) regulations. The eastern half of the original well site was recently purchased by the adjacent property owner from the City. The western half of this site is scheduled to be purchased by the other adjacent property owner, located at Lot 15, Block 2, Fairway Addition No. 1, in the amount of $4,604. In order to complete this sale, the title company has requested that City Council formally authorize an individual to sign all documents related to the closing of this property on behalf of the City of Colleyville. Staff requests the City Manager be authorized to represent the City of Colleyville in the sale and closing of this property. Financial Impact All revenue generated from the sale will be placed in the Utility Fund. Recommendation Approval City of Colleyville Page 1 Printed on 1/11/2010 LOT 15B, BLOCK 2, FAIRWAY ADDITION, NO. 1 POINT OF MURPHY ROAD N 8s°o7'i8" BEGINNING ,., ti] n Z lOT 15, BLOCK 2 C'~ ALVIN L. AND GLENDA S. "'~ McCANN t.. VOL. 13408, PG. 494 ... D.R.T.C.T. C>h ~ O ~ -. _... d LOT 16 I I BLOCK 2 ~ _ _ --- ~ z ~ ~ o p G 0 ~ O y ^ VJ ''r r ~ c 00 ~ ° LOT 14, BLOCK 2 JAVIER GERONIMO s ~ ?- ~ n o a ~ ~ ~ VOL. 12728, PG. 605 R T T ~ D C . . . ~ . . r . r N. :.r C/1 r r.+ ?V. 'r ~ ~p ._ ~ O . .... S 89°09'00 ' W r 37.50' O• N ` ~ ~ ,~ L pN LOT 13 3~P ~~$~ s~R~~ga NPRR G~ No. J • PBS~RP ~Ity o~ -'L: ~~e ~ 7'cxala ~~ QG• BLOCK 2 ~,G~ ~,•'•Q. 'rs~., Fo ' ~ ~•CHRIS•'L.••BLEVINS •• ..y ........... ......... :. q .5792 P HRIS L. BLEVINS REGISTERED PROFESSIONAL LANG Sl1RVEY0R STATE OF TEXAS NO. 5792 BRITTAIN & CRAWFORD EXHIBIT MAP oF LAND SURVEYING ~ 0,097 ACRE OF LAND - TOPOGRAPHIC MAPPING (817) 926-0211 - METRO cB,>> .29-s„2 LOCATED IN THE Q FAx No. (817) 926-957 J. HARRELL SURVEY SURVEY, F'.0. BOx ,f37a • 3908 SOUTF+ FREEwnY FORT woRna TExns ~611G ABSTRACT NO. 798, EMAIL. udminObril Wln-powlord.com TARRANT COUNTY, TEXAS SCALE 1 "=60' (J.U.) KH-FAIRWAY\KH-FAIRWAY-LOT f 5.dwg ,~,, .~ ~ City Hall "; ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,~.; Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Public Works Department Agenda Date: 01/19/2010 Agenda No.: 5c Controlling Body: City Council Final Action: File Name: Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Cheek Sparger Road, from SH26 to Oakbriar Lane and authorize the City Manager to execute the agreement Attachments: Tarrant County Interlocal Agreement History of Legislative File Version: Date: Acting Body: Action Text: 01/19/2010 City Council Title Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Cheek Sparger Road, from SH26 to Oakbriar Lane and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing The City of Colleyville proposes to partner with Tarrant County in Fiscal Year 2010 (FY 2010) to perform the rehabilitation of Cheek Sparger Road, from SH26 to Oakbriar Lane. The City has previously worked with Tarrant County on similar roadway improvements, and each project was completed at a considerable cost savings to the City. The County will provide all labor and equipment necessary to conduct the improvements and the City is responsible for the cost of materials, traffic control and engineering testing. During Fiscal Year 2009, the City entered into an agreement with Tarrant County to perform the rehabilitation of Saddlebrook Drive. The proposed improvements on Cheek Sparger Road will be performed in Summer 2010. This portion of the roadway has extensive surface cracking and base failures and is in need of total reconstruction. The street improvements will include milling and reclamation of the existing top layer of asphalt, subgrade stabilization, and the placement of a new asphalt surface course. The City will follow the standard process of providing traffic control during the reconstruction, which will allow one lane of traffic to be open at all times. The overall value of the proposed street improvements is approximately $353,000, with the City's share of the cost for materials, testing, and traffic control estimated to be $235,000. This agreement is consistent with the City's annual street rehabilitation and maintenance program. The Interlocal Agreement with Tarrant County allows for the reconstruction of a City of Colleyville Page 1 Printed on 1/15/2010 Agenda Briefing Continued portion of a major thoroughfare without incurring the full cost of the project. Financial Impact Funding is available from the FY 2010 Street Maintenance Budget. Recommendation Approval City of Colleyville Page 2 Printed on 1/13/2010 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT BACKGROUND This Interlocal Agreement is between County of Tarrant ("COUNTY"), and the City of Colleyville ("CITY"); Sections 791.001 - 791.029 of the Texas Government Code provide legal authority for this Agreement; During the performance of the governmental functions and the payment for the performance of those governmental functions the parties will make the performance and payment from current revenues legally available to that party; and The Commissioners Court of the COUNTY and the City Council of the CITY each find: a. This Agreement serves the common interest of both parties; b. This Agreement will benefit the public; c. The division of costs fairly compensates both parties to this Agreement; and d. The CITY and COUNTY have authorized their representative to sign this Agreement. The Parties therefore agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY COUNTY will furnish the labor and equipment for the following project: Cheek-Sparger Road: COUNTY will reclaim and recycle existing roadbed materials, incorporate a stabilization agent of the C1TY's choice, re-grade and place atwo-inch HMAC surface. 2. CITY RESPONSIBILITY 2.1 CITY will have a contractor mill and remove four inches of asphalt. 2.2 CITY will provide Purchase Orders for the materials used on the project. COUNTY will invoice the CITY for the materials it supplies. 2.3 CITY agrees to provide water and a hydrant meter for this project and adjust all manholes/valves in the project area. 2.4 CITY agrees to provide/pay for traffic control and supplies. 1 2.5 CITY agrees to provide astaging/disposal area for equipment 2.6 CITY agrees to provide a dump site for materials generated during the project. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this project. COUNTY will keep CITY informed of any new developments, problems or issues that arise during the project. If the CITY has a complaint regarding the construction of the project, the CITY must complain in writing to the COUNTY within 30 days of project completion. Upon expiration of 30 days after project completion, the CITY becomes responsible for maintenance of the project. 4. NO WAIVER OF IMMUNITY This agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This agreement does not waive CITY rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES If requested by CITY, the COUNTY may apply permanent striping. If necessary, COUNTY may furnish flag persons. If required, the CITY will pay for engineering services, storm water run-off plans, and continuation of services and plan. 6. TIME PERIOD FOR COMPLETION CITY will give COUNTY notice to proceed at the appropriate time. However, COUNTY is under no duty to commence construction at any particular time. 7. THIRD PARTY The parties do not enter into this contract to protect any specific third party. The intent of this contract excludes the idea of a suit by a third party beneficiary. The parties to this agreement do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas law. 8. JOINT VENTURE ~ AGENCY The relationship between the parties to this contract does not create a partnership or joint venture between the parties. This agreement does not appoint any party as agent for the other party. 2 9. EFFECTIVE DATE This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. CITY OF COLLEYVILLE Date: Attest: COUNTY OF TARRANT B. Glen Whitley, County Judge Date: Gary Fickes, Commissioner Pct 3 Date: Attest: APPROVED AS TO FORM City Attorney APPROVED AS TO FORM AND LEGALITY Assistant District Attorney 3 ~- ~'"_-. ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ~-~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: Controlling Body: City Council Requester: Police Department Agenda No.: 5d Final Action: File Name: Approval to amend the Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) consortium, and the City of Arlington, by adding the City of Fort Worth, adjusting the c Attachments: NETCO Arlington Interlocal November 17, 2009.pdf November 16, 2009 Holland and Knight Engagement Letter.pdf December 29, 2009 Amended Holland and Knight Engagement Letter. pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/19/2010 City Council Title Approval to amend the Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) consortium, and the City of Arlington, by adding the City of Fort Worth, adjusting the contract costs, and authorizing the City Manager to execute the agreement, in an amount not to exceed $136,000 Explanation Reading and Public Hearing On November 17, 2009, City Council approved an Interlocal Agreement to allow the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) consortium, and the City of Arlington to collectively seek federal grant-funding to replace both the existing NETCO, and the Arlington trunked radio systems with one regional public safety radio system at a projected cost of $25.6 million. If such grant funding is obtained, the cities propose to form a new consortium to operate a public safety radio system as a regional public safety partnership. The Interlocal Agreement left provisions for other cities to join into the effort to seek funding for the joint Trunk Radio System if they desired to do so. The attached Interlocal Agreement has been approved by the city attorneys of all six NETCO member cities and the City of Arlington. The City of Fort Worth has now expressed a desire to join with NETCO and the City of Arlington in the Interlocal Agreement with Holland and Knight and has agreed to pay an additional $40,000 over the original contract cost of $96,000 for its portion of the contract cost, which increases the contract total to $136,000. Cify of Colleyville Page 1 Printed on 1/15/2010 Agenda Briefing Continued The member cities of NETCO and the City of Arlington have agreed to amend the Interlocal Agreement to include the City of Fort Worth. The member cities of NETCO and the Cities of Arlington and Fort Worth now propose to collectively seek federal grant-funding to replace both the existing NETCO, Arlington and Fort Worth trunked radio systems with one regional public safety radio system at a projected cost of $25.6 million. If such grant funding is obtained, the cities propose to form a new consortium to operate the public safety radio system as a regional public safety partnership. The attached interlocal agreement has been approved by the city attorneys of all six NETCO member cities and the Cities of Arlington and Fort Worth. The agreement will allow the member cities of NETCO and the Cities of Arlington and Fort Worth to establish a cooperative interlocal agreement under the authority granted by the Texas Interlocal Cooperation Act to seek funding for a new joint trunked radio system. The City of Colleyville is currently the paymaster for the NETCO system, and will continue to perform those duties under this proposed Interlocal Agreement. As paymaster, the City of Colleyville will enter into a contract with Holland and Knight LLP, a Washington D.C. law firm, in an amount not to exceed $136,000, for consulting service assistance to seek federal funding for a new regional public safety radio system. The City of Colleyville will pay Holland and Knight LLP $34,000 quarterly and in turn, bill the other participating cities quarterly in the amount of $4,250 for the term of the contract. The contract includes an annual renewal clause should additional time be necessary to secure grant funding. Financial Impact Funds for the City of Colleyville portion of the contract are available in the interest earnings on the 1996 general obligation bonds sold for public safety. The entire amended cost will be paid by the City of Fort Worth. Recommendation Approval City of Colleyville Page 2 Printed on 1/13/2010 INTERLOCAL AGREEMENT BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE, KELLER, AND SOUTHLAKE (Northeast Tarrant County Radio Consortium - NETCO) AND CITY OF ARLINGTON, TEXAS THIS AGREEMENT is made this the day of ,2009, by and between the CITIES OF BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE, KELLER, AND SOUTHLAKE, all being home-rule municipalities, all located, at least in part, in Tarrant County, Texas and members of the Northeast Tarrant County Radio Consortium (hereinafter collectively know as the "NETCO"), and the CITY of ARLINGTON, a Texas home-rule municipality (hereinafter known as "Arlington") WHEREAS, in July, 1994 the cities of Bedford and Colleyville entered into an interlocal agreement to construct and operate the initial 800 Mhz trunked radio system in Northeast Tarrant County and constructed The Trunked System with an antenna site located in Colleyville, with the intent of offering membership to other agencies; and WHEREAS, in November, 1994 the City of Keller adopted the interlocal agreement to become the third member of NETCO; and WHEREAS, in February, 1996 the City of Euless adopted the interlocal agreement to become the fourth member of NETCO; and WHEREAS, in March, 2000, the City of Grapevine adopted the interlocal agreement to become the fifth member of NETCO; and WHEREAS, in Apri12003, the City of Southlake adopted the interlocal agreement to become the sixth member of NETCO; and WHEREAS, Arlington owns and operates an 800 MHz trunked radio system; WHEREAS, NETCO and Arlington support the concept of combining resources, including but not limited to licensed 700/800 MHz channels, public safety communications transmitter sites and network equipment, to construct a regional digital public safety radio system that meets the Project 25 operating standards (the "P25 System"); WHEREAS, accomplishing the P25 System undertaking will be a multi-year process requiring funding from federal, state and local sources; WHEREAS, expediting federal funding will provide NETCO and Arlington with access to the substantial resources needed to undertake planning and launch of the P25 System undertaking; and WHEREAS, Chapter 791 of the Texas Government Code provides for interlocal agreements for governmental functions such as contemplated by this Agreement, NOW, THEREFORE, upon the mutual covenants, conditions, and promises contained herein, NETCO and Arlington hereby agree as follows: Section 1 Interlocal Agreement 1.0 This Agreement is entered into and shall be construed pursuant to Chapter 791 of the Texas Government Code, the Texas Interlocal Cooperation Act. Section 2 System Formation and Implementation 2 2.0 Formation of the P25 System is a complex undertaking requiring detailed cooperation and coordination between NETCO and Arlington. Details of forming, governing and implementing the P25 System undertaking will be addressed in a separate inter-local agreement. Section 3 Federal Funding 3.0 NETCO and Arlington have engaged the law firm of Holland & Knight, LLP, (the "Firm") to provide legal services in support of reconfiguring their respective public safety radio systems. The Firm has substantial experience in obtaining federal funding to assist localities in implementing public works projects such as the P25 system. 3.1 NETCO and Arlington will engage the Firm for a period of one year, starting in October of 2009, to seek federal funding in support of the P25 System undertaking with an option to renew that engagement for future fiscal years. 3.2 The cost of the Firm's legal services shall be $96,000, to be paid over a one year period on a quarterly basis pursuant to a letter of engagement with the Firm. NETCO Members and Arlington shall divide the cost of the Firm's fees among themselves equally, each paying 1/7 of the Firm's fees. 3.3 The amount of federal funding sought shall be determined in collaboration with NETCO and Arlington, and shall be the maximum feasible based on the federal government's budget for the applicable fiscal year. Section 4 Addition of Jurisdictions 3 4.0 From time to time, other jurisdictions may wish to join the P25 undertaking, thereby promoting regional expansion of the public safety communication system. A governmental entity may join the P25 undertaking by executing an amendment to this agreement, with the understanding that if the volume of additional jurisdictions extends beyond the jurisdictions wholly located in Tarrant County, it will be necessary to increase the level of federal funding sought, and Holland & Knight's annual fees will therefore increase proportionately. For example, if the City of Fort Worth elects to join the P25 undertaking, Holland & Knight's annual fees will increase by $40,000. All members of the P25 undertaking, including those governmental entities subsequently joining the undertaking, will pay their equal share of Holland & Knight's annual fee. Any governmental entity that decides to join the P25 undertaking must, as a condition of membership, agree to pay its equal share of payments to Holland & Knight made from the inception of the P25 undertaking. Section 5 Disbursement of Funds 5.0 Funding received through the efforts of the Firm will be used SOLELY for the development, deployment, and support of the P25 system. 5.1 Nothing herein shall prevent NETCO and Arlington from agreeing to "pool" the funds acquired through this agreement for the procurement and construction of shared portion of the P25 system. In fact, priority shall be given to the development, deployment, and support of the shared portion of the P25 system with the funds acquired through the efforts of the Firm. 4 5.2 Funding received through the efforts of the Firm will be disbursed based on the number of radios with system IDs each signatory operates on their system. Funding received by any other means is not subject to this agreement. 5.3 For the purpose of the disbursement, the number of radios for each signatory shall be "frozen" at the number of radios on the date this document is effective. 5.4 Disbursements will be calculated on the percent of total radios each signatory owns and is subject to this agreement. As an example, if the City of Colleyville has 5.42% of the radios subject to this agreement, they would then be entitled to 5.42% of the funds acquired through this agreement. Section 6 Indemnity 6.0 To the extent allowed by law, NETCO and Arlington agrees to defend and hold harmless every other, its officials, agents, officers and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action, and liability of every kind, including all expenses of litigation or settlement, including but not limited to court costs and attorney's fees, which may arise due to any death or injury to any person, or the loss of, damages to, or loss of use of any property arising out of or occurring as a consequence of the performance of this Agreement, whether such injuries, death, or damages are caused by the sole negligence or the joint negligence of any Member, its officials, agents, officers and employees. Section 7 Non-Waiver of Immunity 5 7.0 It is expressly understood and agreed that, in the execution of this Agreement, neither NETCO nor Arlington waives nor shall it be deemed to have waived, any immunity or defense that would otherwise be available to it against any claims arising in exercise of its governmental powers or functions. 7.1 In the event that any person, elected official, employee, or agent of either NETCO or Arlington, performing services pursuant to this Agreement be cited as a party to a state or federal civil lawsuit arising out of the performance of those services, that person, elected official, employee, or agent of NETCO or Arlington shall be entitled to the same defenses that he or she would be entitled to receive as if such civil action and arisen out of the performance of his or her duties as an employee NETCO or Arlington which appointed them or where he or she is regularly employed and in the regular jurisdiction of NETCO or Arlington by which that person is regularly employed. Section 8 Miscellaneous 8.0 NETCO and Arlington agree that if legal action is brought under this Agreement, exclusive venue shall lie in Tarrant County and the contract shall be governed by the laws of the State of Texas. 8.1 In case any one or more of the terms, sentences, paragraphs or provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un-enforceability shall not affect any other term, sentence, paragraph or provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision and never been contained herein. 6 8.2 This Agreement maybe amended or modified only by the mutual agreement of NETCO and Arlington hereto in writing, such amendment or modification being attached to and incorporated herein. 8.3 This Agreement maybe signed in multiple counterparts and shall be binding on NETCO and Arlington hereto when duly authorized by the governing body of each Member and its duly authorized representative. 8.4 This Agreement contains all of the commitments and agreements of the NETCO and Arlington hereto. 8.5 All notices required to be given herein shall be directed to the Manager of the NETCO member involved and Arlington. 8.6 All payments and expenses made by any NETCO Member or Arlington hereto shall be made from the current revenues of the Member or Arlington. APPROVED BY THE CITY COUNCIL OF THE CITY OF BEDFORD, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 7 By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: 8 By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY # 5825043_vl 9 Holland & Knight 2099 Pennsylvania Avenue, N.W., Suite 100 ~ Washington, DC 20006 ~ T 202.955.3000 ~ F 202.955.5564 Holland & Knight LLP ~ www.hklaw.com Richard M. Gold 202 457 7143 rich.gold~hklaw.com November 16, 2009 PRIVILEGED AND CONFIDENTIAL: ATTORNEY-CLIENT COMMUNICATION Mayor David Kelly City of Colleyville 100 Mail Street Colleyville, Texas, 76034 Re: Engagement Letter - Northeast Tarrant County Radio Consortium Dear Mayor Kelley: Thank you for retaining Holland & Knight LLP ("H&K") to provide federal advocacy representation to the Northeast Tarrant County Radio Consortium ("NETCO"). Holland & Knight has extensive, substantive experience in Washington, D.C. with federal funding for law enforcement technology. We offer lobbying and advocacy experience of broad range and depth in the budget and appropriations process and are well-suited to be of significant and immediate benefit to the NETCO in developing a comprehensive project and financing strategy to make the best use of limited resources and maximize the opportunity to obtain discretionary federal dollars for the above purposes. All the resources of our firm in Washington, and other offices as appropriate, will be utilized to ensure every possible opportunity is identified. Roz Allen and I will coordinate this engagement for the firm. Roz will coordinate technical and grant issues and I will lead on legislative advocacy. Our fixed fee for providing services for a period of one year will be $96,000, with monthly payments of $8,000. This fee was arrived at in consideration of the anticipated attorney and staff time needed to perform the work, the experience of the professionals involved, and the nature, complexity, and gravity of the work. This level of billing represents a discount from standard billing rates, which we provide from time to time as a public service. Further, this task amount is inclusive of routine costs and expenses such as long distance telephone, photocopying, telecopying, and the like. Mayor David Kelly November 16, 2009 Page 2 If you are in agreement with the terms of this letter, please indicate so by signing below and returning a copy to us. We look forward to a mutually rewarding and satisfactory relationship. Sincerely, HOLLAND & KNIGHT LLP ~~ Richard M. Gold Approved this day of 2009. Northeast Tarrant County Radio Consortium By: # 8968714_vl TERMS OF ENGAGEMENT We appreciate your decision to retain Holland & Knight LLP as your legal counsel. This document explains how we work, our obligations to you, your obligations to us, what we will do on your behalf, and how our charges will be determined and billed. Experience has shown that an understanding of these matters will contribute to a better relationship between us, and that in turn makes our efforts more productive. Our engagement and the services that we will provide to you are limited to the matter identified in the accompanying letter. Any changes in the scope of our representation as described in the letter must be approved in writing. We will provide services of a strictly legal nature related to the matters described in that letter. You will provide us with the factual information and materials we require to perform the services identified in the letter, and you will make such business or technical decisions and determinations as are appropriate. You will not rely on us for business, investment, or accounting decisions, or expect us to investigate the character or credit of persons or entities with whom you may be dealing, unless otherwise specified in the letter. Confidentiality and Related Matters Regarding the ethics of our profession that will govern our representation, several points deserve emphasis. As a matter of professional responsibility, we are required to preserve the confidences and secrets of our clients. This professional obligation and the legal privilege for attorney-client communications exist to encourage candid and complete communication between a client and his lawyer. We can perform truly beneficial services for a client only if we are aware of all information that might be relevant to our representation. Consequently, we trust that our attorney-client relationship with you will be based on mutual confidence and unrestrained communication that will facilitate our proper representation of you. Additionally, you should be aware that, in instances in which we represent a corporation or other entity, our client relationship is with the entity and not with its individual executives, shareholders, directors, partners, or persons in similar positions, or with its parent, subsidiaries, or other affiliates. In those cases, our professional responsibilities are owed only to that entity, alone, and no conflict of interest will be asserted by you because we represent persons with respect to interests that are adverse to individual persons or business organizations who have a relationship with you. Of course, we can also represent individual executives, shareholders, partners, and other persons related to the entity in matters that do not conflict with the interests of the entity, but any such representation will be the subject of a separate engagement letter. Similarly, when we represent a party on an insured claim, we represent the insured, not the insurer, even though we may be approved, selected, or paid by the insurer. Fees and Billing We encourage flexibility in determining billing arrangements. For example, we often agree with our clients to perform services on a fixed-fee or other basis that we and the client believe will encourage efficiency and reflect the value of our services in relation to a particular objective. If you and we have agreed on a fixed fee arrangement, you agree that our fees will not be limited to the fixed amount if you fail to make a complete and accurate disclosure of information that we have requested and that we reasonably require for our work, or if you materially change the terms, conditions, scope, or nature of the work, as described by you when we determined the fixed amount, or as compared with the work normally and customarily involved in similar engagements. If any of these events occurs, you agree that our fees will be based upon the other factors described below, unless you and we agree on a revised fixed fee. If the accompanying letter does not provide for a fixed fee, or if we do not otherwise confirm to you in writing a fee arrangement, our fees for services will be determined as described in the following paragraphs. When establishing fees for services that we render, we are guided primarily by the time and labor required, although we also consider other appropriate factors, such as the novelty and difficulty of the legal issues involved; the Icgal skill required to perform the particular assignment; time-saving use of resources (including research, analysis, data and documentation) that we have previously developed and stored electronically or otherwise in quickly retrievable form; the fee customarily charged by comparable firms for similar legal services; the amount of money involved or at risk and the results obtained; and the time constraints imposed by either the client or the circumstances. The firm generally requires a retainer in an amount that is appropriate with respect to the proposed representation. Unless otherwise agreed, the retainer will be applied to the last statement rendered in connection with the representation, with any unused portion being returned to the client. In determining a reasonable fee for the time and labor required for a particular matter, we consider the ability, experience, and reputation of the lawyer or lawyers in our firm who perform the services. To facilitate this determination, we internally assign to each lawyer an hourly rate based on these factors. Of course, our internal hourly rates change periodically to account for increases in our cost of delivering legal service, other economic factors, and the augmentation of a particular lawyer's ability, experience, and reputation. Any such changes in hourly rates are applied prospectively, as well as to unbilled time previously expended. We record and bill our time in one-tenth hour (six minute) increments; however, the minimum time that is normally billed for the total of an individual lawyer's activities on a matter in a single day is three-tenths of an hour. When selecting lawyers to perform services for you, we generally seek to assign lawyers having the lowest hourly rates consistent with the skills, time demands, and other factors influencing the professional responsibility involved in each matter. That does not mean that we will always assign a lawyer with a lower hourly rate than other lawyers. As circumstances require, the services of lawyers in the firm with special skills or experience may be sought when that will either (a) reduce the legal expense to you, (b) provide a specialized legal skill needed, or (c) help move the matter forward more quickly. If that lawyer's regular office is in a location other than the Holland & Knight LLP office in the city in which you are located, and it is necessary for that lawyer to travel to the city in which you are located, you will not be charged for his or her travel time. Also, to encourage the use of such lawyers in situations where their services can provide a significant benefit that is disproportionate to the time devoted to the matter, we may not bill for their services on an hourly rate basis but, if you agree in advance, we will adjust the fee on an "added value" basis at the conclusion of the matter if and to the extent their services contribute to a favorable result for you. Out-of-Pocket Expenses. In addition to legal fees, our statements will include out-of- pocket expenses that we have advanced on your behalf and our internal charges (which may exceed direct costs and allocated overhead expenses) for certain support activities. Alternatively, the firm may charge for such internal charges as a percentage of the fees charged. Advanced expenses generally will include such items as travel, postage, filing, recording, certification, and registration fees charged by governmental bodies. Our internal charges typically include such items as toll calls, facsimile transmissions, overnight courier services, certain charges for terminal time for computer research and complex document production, and charges for photocopying materials sent to the client or third parties or required for our use. We may request an advance cost deposit (in addition to the advance fee deposit) when we expect that we will be required to incur substantial costs on behalf of the client. During the course of our representation, it may be appropriate to hire third parties to provide services on your behalf. These services may include such things as consulting or testifying experts, investigators, providers of computerized litigation support, and court reporters. Because of the legal "work product" protection afforded to services that an attorney requests from third parties, in certain situations our firm may assume responsibility for retaining the appropriate service providers. Even if we do so, however, you will be responsible for paying all fees and expenses directly to the service providers or reimbursing us for these expenses. Holland & Knight LLP has established and is the sole owner of Corporate Integrity Services ("CIS"}, a limited liability company created to provide professional investigative services. CIS is operated by professional investigators experienced in federal and state law enforcement agencies, and provides quality investigative services at competitive rates. To the extent it is necessary or appropriate to hire investigators on your behalf, Holland & Knight LLP will retain CIS unless you direct otherwise. You may at any time review CIS's rates and compare them with the rates charged by other investigative entities. The firm attempts to achieve efficiencies and savings for its clients when dealing with independent contractors. The firm may be able to obtain a reduced charge from the contractor if the firm provides certain functions, such as billing, collection, equipment, space, facilities, or clerical help. For these administrative and coordination services, the firm may charge an administrative fee, which will be separately disclosed to you. Billing. We bill periodically through-out the engagement for a particular matter, and our periodic statements are due when rendered. If our fees are based primarily on the amount of our time devoted to the matter, our statements will be rendered monthly. In instances in which we represent more than one person with respect to a matter, each person that we represent is jointly and severally liable for our fees and expenses with respect to the representation. Our statements contain a concise summary of each matter for which legal services are rendered and a fee is charged. If our statements are not paid in a timely manner, we reserve the right to discontinue services. Additionally, if our statement has not been paid within 30 days from the date of the statement, we impose an interest charge of 1.25 percent per month (n 15 percent annual percentage rate) from the 30th day after the date of the statement until it is paid in full. Interest charges apply to specific monthly statements on an individual statement basis. Any payments made on past due statements are applied first to the oldest outstanding statement. We are entitled to attorneys' fees and expenses if collection activities are necessary. Questions About Our Bills. We invite you to discuss freely with us any questions that you have concerning a fee charged for any matter. We want our clients to be satisfied with both the quality of our services and the reasonableness of the fees that we charge for those services. We will attempt to provide as much billing information as you require and in such customary form that you desire, and are willing to discuss with you any of the various billing formats we have available that best suits your needs. Relationships with Other Clients Because we are a large, full-service law firm with offices located in various cities we may be (and often are) asked to represent a client with respect to interests that are adverse to those of another client who is represented by the fine in connection with another matter. Just as you would not wish to be prevented in an appropriate situation from retaining a law firm that competes with Holland & Knight LLP, our fine wishes to be able to consider the representation of other persons who may be competitors in your industry or who may have interests that are potentially adverse to yours, but with respect to matters that are unrelated in any way to our representation of you. The ethics that govern us permit us to accept such multiple representations, assuming certain requirements are met. During the term of this engagement, we agree that we will not accept representation of another client to pursue interests that are directly adverse to your interests unless and until we make full disclosure to you of all the relevant facts, circumstances, and implications of our undertaking the two representations, and confirm to you in good faith that we have done so and that the following criteria are met: (i) there is no substantial relationship between any matter in which we are representing or have represented you and the matter for the other client; (ii) any confidential information that we have received from you will not be available to the lawyers and other Holland & Knight LLP personnel involved in the representation of the other client; (iii) our effective representation of you and the discharge of our professional responsibilities to you will not be prejudiced by our representation of the other client; and (iv) the other client has also consented in writing based on our full disclosure of the relevant facts, circumstances, and implications of ow undertaking the two representations. If the foregoing conditions are satisfied, you agree that we may undertake the adverse representation and that all conflict issues will be deemed to have been resolved or waived by you. By making this agreement, we are establishing the criteria that will govern the exercise of your right under applicable ethical rules to object to our representation of another client whose interests are adverse to yours. If you contest in good faith the facts underlying our confirmation to you that the specified criteria have been met, then we will have the burden of reasonably supporting those facts. Termination Upon completion of the matter to which this representation applies, or upon earlier termination of our relationship, the attorney-client relationship will end unless you and we have expressly agreed to a continuation with respect to other matters. We hope, of course, that such a continuation will be the case. The representation is terminable at will by either of us. The termination of the representation will not terminate your obligation to pay fees and expenses incurred prior to the termination. ***** Your agreement to this engagement constitutes your acceptance of the foregoing terms and conditions. If any of them is unacceptable to you, please advise us now so that we can resolve any differences and proceed with a clear, complete, and consistent understanding. Holland & Knight 2099 Pennsylvania Avenue, N.W., Suite 100 ~ Washington, DC 20006 ~ T 202.955.3000 ~ F 202.955.5564 Holland & Knight LLP ~ www.hklaw.com Richard M. Gold 202 457 7143 rich.gold~hklaw.com December 29, 2009 PRIVILEGED AND CONFIDENTIAL: ATTORNEY-CLIENT COMMUNICATION Mayor David Kelly City of Colleyville 100 Mail Street Colleyville, Texas, 76034 Re: Engagement Letter - Northeast Tarrant County Radio Consortium Dear Mayor Kelley: Thank you for retaining Holland & Knight LLP ("H&K") to provide federal advocacy representation to the Northeast Tarrant County Radio Consortium ("NETCO"). This will serve as an amendment to the engagement letter of November 16, 2009 to reflect additional costs associated with the City of Fort Worth joining in the appropriations effort. Holland & Knight has extensive, substantive experience in Washington, D.C. with federal funding for law enforcement technology. We offer lobbying and advocacy experience of broad range and depth in the budget and appropriations process and are well-suited to be of significant and immediate benefit to the NETCO in developing a comprehensive project and financing strategy to make the best use of limited resources and maximize the opportunity to obtain discretionary federal dollars for the above purposes. All the resources of our firm in Washington, and other offices as appropriate, will be utilized to ensure every possible opportunity is identified. Roz Allen and I will coordinate this engagement for the firm. Roz will coordinate technical and grant issues and I will lead on legislative advocacy. Our fixed fee for providing services for a period of one year will be $136,000, with monthly payments of $11,333.33. This fee was arrived at in consideration of the anticipated attorney and staff time needed to perform the work, the experience of the professionals involved, and the nature, complexity, and gravity of the work. This level of billing represents a discount from standard billing rates, which we provide from time to time as a public service. Further, this task amount is inclusive of routine costs and expenses such as long distance telephone, photocopying, telecopying, and the like. Mayor David Kelly December 29, 2009 Page 2 If you are in agreement with the terms of this letter, please indicate so by signing below and returning a copy to us. We look forward to a mutually rewarding and satisfactory relationship. Sincerely, HfJLLANI? & KNIGHT LLP ~~ Richard M. Gold Approved this day of 2010. Northeast Tarrant County Radio Consortium By: # 8968714_vl Date: ~ ~ ~°~ ~ la SPEAKER CARD ~_ 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: ~OOC OrdinancelResolution Number: ~•~D ~1'~N'1 Name: ~~~ ~ M~~ Address: ~~ ~'1'~ ~~ ~ ~ ~~•~ State: ~ Zip Code: ~7 zaz. i City: Telephone Number: ZI `1 7G~ ~1~ Representing: ~~ izationlself) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed• v Th ~nf ation is a Public Record. £~'~- City Hall " ,~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r...,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-10-1741 File Number: 0-10-1741 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01/19/2010 Agenda No.: 6a Status: Second 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 Office Showroom Market Data Provided by Applicant Statement of Planning Objectives Conceptual Site Plan Building Elevations • Building Elevations for Retail/Office Building Only Ordinance 0-04-1484 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 1 01/19/2010 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 Second Reading and Public Hearing There were no speakers at the January 5, 2010 meeting regarding this request. It was requested that the applicant provide documentation showing the current demand for office/showroom uses. The applicant has provided a brief statement and map regarding this request. It was also requested that information be provided about existing commercial liquid propane gas (LPG) storage and dispensing tanks in the City. There are a total of two City of Colleyville Page 1 Printed on 1/15/2010 Agenda Briefing Continued (0-10-1741) LPG storage and dispensing tanks in Colleyville. The locations and tank details are as follows: - 3801 Colleyville Boulevard, Foreman's General Store, LPG tank height 15 feet, LPG tank diameter 5 feet, LPG tank volume 2,200 gallons. Distance from closest building or property line: 36 feet. - 4200 Glade Road, Hall's Grocery, LPG tank height 28 feet, LPG tank diameter 4 feet, LPG tank volume 2,600 gallons. Distance from closest building or property line: 25 feet. The applicant states that the tank will not exceed 500 gallons in volume and agrees that the tank shall not exceed 15 feet in height. Therefore the location shown on the site plan is adequate in terms of minimum setback distances for the tank from property lines and buildings. This provision has been added to the draft ordinance. The City Council also requested that a more detailed building elevation drawing be submitted for the front office/retail building. As of the date of this briefing, the applicant has not provided the requested drawing. However, staff has taken the existing elevation and zoomed in to the office/retail building and attached it separately. 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 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 City of Colleyville Page 2 Printed on 1/15/2010 Agenda Briefing Continued (0-10-1741) - 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 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. City of Colleyville Page 3 Printed on 1/15/2010 Agenda erietinp Continued (0-10-1741) 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 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 for a 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 City of Colleyville Page 4 Printed on 1/15/2010 Agenda Briefing Continued (0-10-1741) 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 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. City of Colleyville Page 5 Printed on 1/15/2010 Agenda Briefing Continued (0-10-1741) 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. City of Co/leyville Page 6 Printed on 1/15/2010 Location and Zoning Map 6500 PUDC _ 64;1;1 6404 AG 6312 64oa -109 E1 109 I CC2 ~n 8249 0401 5+3C 1 62~s ~~4 ~~ CC1 PUDC 20;1s '3 ~~'+ '1804 I "I?~Co ~ 1$'~ "1 `'-~-~ ~~~~~ ?i~C^ ac 2oor T's_l_`- I~~:~ 2004 ~0~~2 .I ,~,` 18C' 18~~~~ .1 ? 1~;0 ~~ ~,_;,,-, ~aa3 2005 2000 200- ML AG R20 'ir'T2C01 r- ui ~ ;.~ 4 ~., ~ r ~ i~ ~ -~ ~- 630=~ 631 AG s3os 621s ~ PUDR ~17~L a3o4 i;3~J~ 6~1 a ` .~F 63Di,~ 63%1 -.12 5125 6220 ~y 6210 %211 ' 621,, ii216 6115 '_:120 ~. ,~ ~~ 6215 a ~ , ~ 5215 6212 c211 5,208 6117 n 1 21 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 Colle vilfe TX 76034 001800 Industrial Blvd Sparks Southwest Inc 1804 Industrial Blvd Colle ille 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 Rid a 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 Colle ville Blvd Colle ille Properties Llc 3145 Gea Blvd Ste 531 San Francisc CA 94118 006221 Colle ille Blvd Santos Martinez, applicant 900 Jackson #640 Dallas TX 75202 applicant PH notices mailed on Thursday, Sept. 3, 2009 by Amy Shelley Page 1 of 1 From: Santos Martinez [Santos@masterplanconsultants.com] Sent: Friday, January 08, 2010 5:15 PM To: Ron Ruthven Subject: Office Showroom Data Attachments: Office Showroom Space.jpg Ron, I've put together some numbers I received from Jones LaSalle (former Staubach Company). They identified 47 office showroom warehouse properties between Irving and Keller. I have included a map that includes these properties, but I removed the Irving locations. The Irving facilities are all located in a small area located east of DFW Airport. It is generally bounded by Belt Line Road to the west, North Lake to the north, Walnut Hill to the south and east (a triangular area). There are 1,318,944 square feet of office showroom space within this area representing 28 sites. The vacancy rates for the remaining facilities range from 16% to 100% (the facilities that are over 30 years old or appear to be constructed last year have higher vacancy rates). Since 1990, the average size of a facility is 47,000 square feet. The traffic counts for our location (with HWY 26 frontage) are higher than the Cheek Sparger counts for the Blue Star location. Although the traffic counts are slightly higher on Hwy 26 near the Blue Star, they don't have any frontage on Hwy 26. Traffic counts along our end of Hwy 26 seem to be consistent above 28,000 daily trips as you move towards Hwy 114. Also, the population and its projections fora 3 mile radius are estimated to support 3826 - 5021.86 storage units. I also find only 2 other retail propane stores along Hwy 26 north of 820. I'm going to take photos of some U-Haul propane tanks this weekend. I will forward to your office on Monday. I hope you have a good weekend. Please let me know of any other information you may need. Thanks, Santos T. Martinez Senior Consultant Masterplan 900 Jackson, Suite 640 Dallas, TX 75202 (214) 761-9197 (214) 748-7114 (fax) ************************************************************************ The information contained in this a-mail message is intended only for the personal and confidential use of the recipient named above. Masterplan, an assumed name of DalClay Corporation, does not provide legal advice. If the reader of this message is not the intended recipient or an agent responsible for delivering it to the intended recipient, you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by a-mail, and delete the original message. Unless expressly stated this message should not be construed as a digital or electronic signature. ************************************************************************ file://M:~Briefings~Active Briefings~ZC09-010 CC1 and PUDC to PUDC Colleyville Blvd ... 1/11/2010 ire ~~e~; ,,~, ~ , t ~~ ~ ~_ ,y .~ €~i.• ``, -. -~ Conceptual Site Plan ` ~ t' Ea ~ ®G f_ Q ~ ` y ~~ ~~ ~. Fax ~~ Aga - ~ ~ g ~ ~~ ~~ ~3 f~: ~~t~ g~~ ,, ~ ~ - ~~ ~~~~ r i a ~ ~ :,I f S kl r~~ ~~ ~~ i ~ ~~ { I} I 1 t x~ _ 6~ Y e~ ~ t ~ sae, ~ b r qy ffi~~~_ ~ ! F 53~~~GP ~~~~ ~bs _~~~ ~~ ~i~= ~~ 9 1 ~~ ~oecA/1 ._.4' O 7 N >~ ~ =~ •~ a ', S ~ ~ __ 0._ .~ -..m._...__. ~. -Q ~ 3 = ~ ~ a = O ~ ~~ v cNa ~ ~ ~ ~~ ~i ---~ --, ~ ~., , ~ ~~ ~ ~~~~ ~ ~ 3 ` • ~ --- ~ --- -m- ~~ ~. x ~= !~~ , T G ~ Q "' ? ~ e w z Wl~fl N' r. 1 <~;~ VII w z pS~~~I t y a N ~ U~~ ~ J~; ¢~! ~ v ~~;~~ IG ~ n «g~!~ ~r ":a1, 7,} 1 ~ ~;, ~ I L ~~~tl~~~ "~7; s~.~9 +rr i ~I t _, , Building Elevations l~€' ~' ~~~~~ ~'I ~~~~ W~l ~~~~ ~~~ ~a~o Q3 --° ~ z~~ ~ p~~~~ QO: ~~ Building Elevations for Retail/Office Building ~~I'+~EP~T~~L ELA~T1~N ~ RET~f1 ~ C~FF~EE 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 spec~cally stated in this ordinance. Ordinance 0-04-1484 Page2of4 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) Asales-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. ATTEST: Cynthia Singleton, TRMC City Secretary V AS TO FORM AND LEGALITY: ~, Ro s T. Oster City Attorney Mayor EXHIBIT A -ZONING MAP PV -~+ 0-02-~ 0-99-1157 o-oa1211 C ii vii ~o ~ 0-02-1 v d ~ap.~ ~v ~O .. O- 12 v~ EXHIBIT B -METES AND BOUNDS DESCRIPTION ADDRESS: 6405 Colleyville Boulevard, COLLEYVILLE Texas. LEGAL DESCRII''I'ION TRACT 1(FROM AO TO PUD-C) BBING a portion of the A. 7. LOTT SURVEY, Abstract No. 963, in the City of Colleyville, Tarrant County, Toocas, and being that same tract of land conveyed to R K Reynolds by decd recorded in Vohtme 6435, Page 122, Deed Records, Tenant County, Texas, described by metes and bounds as follows: BEGINNIIVG at s 1/2 inch steel rod for the northwest cornea of said R. K Reynolds tract and being the northeast comer of Lot 1, Block 1, TIIVKER CROSSING, an addition to the City of Colleyville, Tarrant County, Tawas, as recorded in Cabinet B, Slide 1564, Plat Records, Tarrant County Texas; 'THENCE North 88 degrees 34 minutes 32 seconds East,157.41 feet to a S/8 inch steel rod found; THENCE North 88 degrees 57 minutes 00 seconds East, 127.41 feet along the common line with Lot R 14-1, Block 1, COLLEYVII.LE IlVDUSTRIAL PARK, ea addition to the City of Colleyville, according to the plat recorded in Vohrme 388-190, Page 14, Plat Records, Tarrant County, Tsetse, 124.71 feet to a 1/2 inch steel rod found; THENCE continuing along said Lot R-141, South 00 degrees 23 mimrtea 07 seconds East, 162.47 feet to a 1/2 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 degeea 34 minutes 54 Seconds West, 293.14 feet to a 1/2 inch steel rod set capped T. Vogt; THENCE North 03 degr+eea 37 minutes 13 screeds East, passing et 29.86 feet a 1/2 inch steel rod for the southeast corner of said Lot 1, Block 1, TINKER CROSSING, and casrdrmiug along the east line of acid Lot 1, Block 1, for a total distance of 157.93 feet to the POINT OF BEGINNING and containing 1.036 acres of land more or less. LEGAL DESCRIPTION TRACT 2 (FROM CCI TO PUD-C) BEING a strip of land deacdbed as a road is Deed ra;orded in Vohrme 6435, Page 122, Deed Records, Tarrant County, Texas, described by metes and bounds as follows; BEGINNING at a 1/2 inch steel r+od found for the southeast corner of Lot 1, Bock 1, TINKER CR03SIIdG, as addition to the City of Colkyville, Tarrant County, Texas,. according to the Plat Recorded in Cabinet B, elide 1564, Plat Records, Tarrant County, Texas; THENCE 3oudr 03 degrees 37 mimrtee 13 seconds West, 29.86 feet to a 1/2 inch steel rod sat capped T. Vogt on the South line of the A. J. Lott Survey, Abstract No. 963; THENCE South 89 degrees S4 minutes 54 seconds Weet, along rho South lice of said Survey, 347.32 feet to a 1/2 inch steel red 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 SB Inch steel rnd found; THENCE North 89 degrees 31 minutes 43 seconds East, with the South line of said Lot 1, Block I, TINKER CROSSING, 333.77 foot to the POINT OF BEGINNING sad containing 0.2239 scree of land, more or lase. EXHIBIT C -CONCEPTUAL SITE PLAN .. - ----~-,a:: '~ ,,,: ~, d' ~ ,} ~ N. ` ~ ,} . . , '.,;;.,f ri `; U k , : L ' ~ ~ b U rL _ ~~ Z Z a !Q 0 i d ~ ` ~ ,; i z, a ~ ' ~ ~ ~+ ; ~_ ~~y r _ ' ` _ a , , f r . ~ _ , ~; _ ~. _ ~ { . __ __, 1'. ~~ 4 {'r~ ~: j. r,. .. s .~j ', t' u' .i - ,P. l i : ~Y iq n %' 7 . ~ / u~u j ', ~,~ J ' ! t 1: f J rr. ~ .i~ l.. I' /.~ li i ` ~.) ~i ~ .i ~~ ~ I •a ~,!~f it ~! l i, J ~.-~ ~ -ya._ a z r _` z~ z:. ~ ``= '~:` ^- .:r.: a:. ~.~^ '+'s.: ~~. ? ,~. l c ~ ~ ~; ~ Q U1 ~ ~~. •J~ '~ f r ' i , % ' i~ EXHIBIT D1 -CONCEPTUAL BUILDING ELEVATIONS .~ - e 9~ • L , n ~~ 1 I S~ _ _.~....- ~ . ~ _ ` ! l w 3 .` i ~ ~- f°~ n ~> ~ ~ i 1 iy ~ / ~ O I~ !~~ ~ fa, JI r l l ~ ~4 'l c 4 7 ~f ~ ~ Q _ ttwi~ll < ~ ~ ~~ u1~1i }, a qU ~.: N1~1 A 1 ~r, ~i "tl <il .11 _ ~.__ ~ -.__. (1 ~~ ~ ~' ' .) t~~ t l1 1' J ,o ~I i'' ~ i5~ 3 ~~ ~ ~ ~ :n ~ t1 ~.n n „~~ .+ <<, ~' . ~~ ~ ~~ ~~ . ~~ ~ ~ ~~ ~~ ~~ ~~~ ~ ~ ~ ~~ ~~~ ~ ~ ~~~ ~~~ Q~ ~~~ ~~ ~~s° ~~~ ~~_~ )~~ g!~ !i~ I __.,. ~~QNN ,I ~U f 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 2802, 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 Page 4 of 7 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. 8. 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 height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on 36 inch centers. The Ordinance 0-10-1741 Page 5 of 7 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. 1 ~. 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 The location of the propane refilling station shall be located along the northern property line as shown on Exhibit "C". The propane storage tank shall not exceed 15 feet in height and 500 gallons in volume. 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 Page7of7 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 c~niai i __~- - wca~irJn anu ~c~niny ivies ssoo PUDC 5408 saoa J " • I7jJ_ 150 I IdCB I 18 i2 sa 8::~ ~?0~1 -`03 i i _. ~ 2Da7 e4oo ~/ °ac9 --~.,- T ~--, . 2nna ~ }_ J .,I.~A ~,ez ,~ ~=~a 1~c~ AG 130,,' lon? '`1'• 1901 .~., J _:In3 ~ ~CCc 6312 - -- ~ CC1 '':,OD 2C0 __- AG saol ~~ __ PUDC R20 , 0301 ~coi , 6255 ~ ~ ^ n ~ `" ~ ~ F. 6'_0- 6 31 nA3 Q0 Cii 0309 621b PUDR `7a2 €=~1 ''~Q~ 1~ CC2 E os'n'J bz,? n f a q 63DG E~:'C1 O f~12°_ b12 622G - '~ ? F211 e~1D t21,;, 0i'10 6210 7 .~2C9 6~'S 6117 b:12 216 62'2 b2C8 EXHIBIT "B"- Legal Description SUBJECT PROPERTY DESCRIPTION BEING a tract of land in the A. J. Lott Survey, Abstract No.963, in the City of Colleyville, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point on the southeast line of State Highway 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; THENCE North 29°16'00" East along the southeast line of said State Highway 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 I in Block I; THENCE North 03° 37' 13" East along said lot line, a distance of 128.07 feet to a point for corner on the north line of said Lot 1 in Block 1; THENCE South 88° 54' 32" West along said lot line, a distance of approximately 269.46 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 Industrial 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; THENCE South 00° 34' 00" East, a distance of 260.06 feet to a point for corner; THENCE North 89° 26" 00" East, a distance of approximately 111.16 feet to a point for corner; THENCE South 00° 58' 06" East, a distance of 337.07 feet to a point for corner; THENCE South 89° 54' S4" West, a distance of 1067.94 feet to the POINT OF BEGINNING, and containing approximately 8.322 acres of land. EXHIBIT "C"- Conceptual Site Plan s ~ ~~~ ~ ~~ ~ + ~ ( C ~t i ~ ~ - w~ a~ ~~_ , ~~ ~~ ~ ;a . ,~ t ~r Y~/~/R A ~' ~ ~ ---- ~------_ _-„-_ N ! ~ r ~ ----- O `~ Sr a x ._ ~ e~9 ~~ a - r.~ U g~ ~ ~ ~~ ~= a ~x~ F "•aa ' ,p9~ ~ ~ ~ ~ u. q q , . ~6~~5i€ 6~a~ 9Ed ~ ~,j ~g~ a~ m S~.:it Z9 H ~ ~ ~ a ~i ~~~~ ~~l~ ~~ ~ '~~ m ~4 . ~ ~ „~~ ~ I ~ , __~ ~ ~" ~ ~ ~!p~ ~~ ~6F~~ ~ ~ I~ ~s ~ m x~ '~ .,,~ ~~ `~~~"`~.,,, Ifs .~ ~` la~~. ~ ~ ~_ ~: .~ ~ ~~ a, ~ ' i Y ~ e ~ a ~ " x ~ ~ ~b ~ ~:.g~=~ti ~~ ~ U~ 5 _m ~ Gl '-~ ~~ i ~~~3 ._ ~ I ~ ~~~ ~ a ~ ~~` ~~ ~ ~ ~~~~ m' °- ~S .. ~ ~ ~ ~tlrtlt 1 '$?~~ ~1 ~3~~ I' 9 Q ( ': yj 5.,:. 19~ d ~ ~y a ~~~ °~,. `~',~.L EXHIBIT "D"- Building Elevations ~~~°°~ City Hall ~ City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 °~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-10-1742 File Number: 0-10-1742 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01/19/2010 Agenda No.: 7a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code, Case GC09-020 Attachments: Proposed Amendments to Chapter 7-Sign Regulations Nine City Temporary Sign Survey Ordinance 0-10-1742 History of Legislative File Version: Date: Acting Body: Action Text: 12/01/2009 City Council 01/19/2010 City Council Title Approval of amendments to Chapter 7 -Sign Regulations of the Land Development Code, Case GC09-020 Explanation First Reading and Public Hearing Based on recent requests and inquiries from Colleyville citizens, businesses and civic organizations, staff has conducted a review of the temporary sign provisions found in Chapter 7-Sign Regulations of the Land Development Code. As part of this review, staff surveyed nine area cities regarding their temporary sign standards. Staff then presented possible amendments to Chapter 7-Sign Regulations to the City Council at the December 1, 2009 Pre Council meeting. Based on that discussion, staff proposes the following amendments to Chapter 7-Sign Regulations in the Land Development Code: - Missing Pet Signs: This proposed addition would allow residents to post up to four signs within 1,000 feet of their home regarding lost or missing pets. Similar to garage sale signs, the missing pet signs may not exceed eight square feet in area or four feet in height. Of the nine cities surveyed, only Frisco has provisions for missing pet signs. - Non-profit Civic Organizations: Under the temporary community event signs section of the Land Development Code, currently only the City of Colleyville, the Chamber of Commerce, public and semi-public schools and religious institutions are allowed to place temporary signs in the City. Therefore, staff proposes adding a section for non-profit civic organizations as well. These organizations may include, but not necessarily be limited to, City of Colleyville Page 1 Printed on 1/15/2010 Agenda Briefing Continued (0-10-1742) youth sports associations, community advocacy groups, charitable organizations and fraternal organizations. Staff proposes that the final determination of whether an organization qualifies under this section be made by the City Manager or her designee with appeal to an administrative decision to be heard by the Sign Board of Appeals. Signs advertising an event conducted and sponsored by anon-profit civic organization may be placed on any private property or in the public right-of-way adjacent to the private property with the approval of the adjacent property owner. Signs placed within the public right-of-way shall be placed a minimum of five feet from the edge of pavement and may not block vehicular visibility. No more than five stake signs and two flexible banner signs may be erected for any one event. However, five additional stake signs may be placed as directional signs only for events advertising specific addresses. These provisions are consistent with the majority of the nine cities surveyed, with the exception of North Richland Hills, which does not have provisions for non-profit temporary signs. Banner signs allowed under this proposed section must be kept in good repair and remain firmly anchored or secured to the face of the building or may be suspended below the apparent lower edge of an overhanging covered walkway, provided the banner is firmly secured to the columns supporting the building. A flexible banner sign may be freestanding and may not exceed 50 square feet nor exceed 6 feet in height. Stake signs may not exceed six square feet in area nor exceed four feet in height. - Political Signs: Staff proposes amending the total area allowed for political signs that are allowed to be placed on public rights-of-way and private property. The current maximum area allowed for signs placed on private property is 36 square feet. Staff proposes lowering the maximum area allowed to 32 square feet. The current maximum area allowed for signs placed in public rights-of-way is 12 square feet and staff proposes raising the maximum area allowed to 16 square feet. These amendments essentially bring the political sign standards into conformance with industry standards, as most sign companies produce signs that match the parameters of the proposed amendments. These proposed amendments comply with all State and Federal requirements regarding political signage. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 1/13/2010 Proposed Amendments to Chapter 7-Sign Regulations Additions are underlined and deletions contain st~ifEe##reagMs No permit for a temporary sign shall be issued nor shall a temporary sign be constructed or displayed unless said sign is in compliance with the sign classifications and standards contained in this Section and is situated in a district authorized by Table 7-3. Where a provision exempts certain classifications of temporary signs from the permit requirement, said temporary signs shall comply with all other provisions for temporary signs. E. Missing Pet Signs -The purpose of a missinca pet sign is for the pet owner to alert the immediate area or neighborhood where the pet owner resides that a pet is lost or missing, 1. Number of Signs: There shall be no more than four (4) signs allowed per pet owner. 2. Location of Signs: Signs may be placed on the private property where the pet owner resides and within the following street rights-of-way: Rights-of-way at street intersections that are located within a 1,000 foot radius of the pet owner's residence. No signs may be placed upon andtelephone poles. 3. Duration: missin_, pq et sign(s) may be posted for a period of not more than ten days. 4. Illumination: A missing pet sign shall not be illuminated. 5. Permit.' No permit or fee shall be required for any missing pet sign. 6. Sign Dimensions and colors: Signs shall be placed on the ground and shall not exceed four (4) feet in height and shall not exceed eight (8) square feet in area. The background and/or primary color of the sign shall be white. H.Fr. Political Signs -Apolitical sign shall be allowed in any zoning district. No political sign shall be attached to any utility, light, or traffic signal pole. Apolitical sign shall not be illuminated. Political signs shall not be placed upon any property public owned property, but may be placed on any private property or within the public right-of-way adjacent to private property with the approval of the adjacent property owner, subject to the following additional regulations. 1. Political Signs on Private Property -Apolitical sign situated on private property Max. Area shall not exceed thirty-two (32) thirty-syc-(863 square feet, nor exceed eight (8) feet 32 s. t. ~ in height. 2. Political Signs within a public right-of-way -Apolitical sign may be placed within the ublic ri ht-of-wa ,provided no ortion of the si n shall be closer than three Pa~tical Sign p g y p g {un pmate pr~ertyf (3) feet from the edge of the street pavement and further provided no part of the sign extends over any sidewalk. Apolitical sign situated within a public right- 3• of-way shall not exceed sixteen (16) '~••~3 square feet in area nor ~' ~ VOTF exceed four (4) feet in height. o ~~ a. Apolitical sign shall not be erected within a public right-of-way more than ~;Sfdi""'` can thirty (30) days prior to the date of the official election and shall be removed within seven (7) days after said election. a~aX. Arsa f 16 s. i. ~ b. Apolitical sign shall not be placed within a roadway median or block vehicular visibility. Pokical Sign (mtTin a kE»'~ 3. No permit or fee shall be required for a political sign. Chapter 7 -Sign Regulations Page 7 - 1 The purpose of this regulation is to provide temporary advertising for certain community special events sponsored by public and quasi-public agencies, churches and other religious institutions located within the corporate limits of the City of Colleyville. Signs shall be allowed in accordance with the following: A. Qualifying Entities -The following public and semi-public agencies, churches and other religious institutions located within the corporate limits of the City of Colleyville shall be permitted to have community special event signs in accordance with the provisions of this section. 1. City of Colleyville: Signs advertising an event conducted and sponsored by the City of Colleyville may be placed on any private property or in the public right-of-way adjacent to the private property with the approval of the adjacent property owner. Signs placed within the public right-of-way shall be situated not more than five (5) feet from the right-of-way line and shall not block vehicular visibility. 2. Public and Semi-Public Schools: Signs advertising an event conducted and sponsored by a public or semi-public school may be placed on property owned by the public or semi-public school or within the adjacent right-of-way. Signs placed within the public right-of-way adjacent to property owned by the public or semi-public school shall be situated not more than five (5) feet from the right-of-way line and shall not block vehicular visibility. 3. Colleyville Area Chamber of Commerce: Signs advertising the Colleyville Business Expo sponsored by the Colleyville Area Chamber of Commerce may be placed on any private property or in the public right-of-way adjacent to the private property with the approval of the adjacent property owner. Signs placed within the public right-of-way shall be situated not more than five (5) feet from the right-of-way line and shall not block vehicular visibility. 4. Churches and Other Religious Institutions: Signs advertising an event conducted and sponsored by a church or other religious institution located within the corporate limits of the City of Colleyville may be placed only on the premises where the event is located or within the public right-of-way adjacent to the premises where the event is located. Signs placed within the public right-of-way shall be situated not more than five (5) feet from the right-of-way line and shall not block vehicular visibility. 5. Non-Profit Civic Oroanizations Not Listed Above: For the purpose of this section. anon-profit civic organization shall be anot-for-profit community organization that has as its primary objective charitable fundraising, community betterment or youth sports promotion and participation. The determination of whether an organization meets this definition shall be made by the city manager or his/her designee. Any appeal to an administrative determination regarding an organization's eligibility under this section shall be considered by the Sian Board of Appeals. Signs advertising an event conducted and sponsored by anon-profit civic organization may be placed on anv private property or in the public right-of-way adjacent to the private property with the approval of the adjacent property owner. Signs placed within the public right-of-wav shall be situated not more than five (5) feet from the right-of-way line and shall not block vehicular visibility. No more than five (5) stake signs and two (2) flexible banner signs, as specified below, may be erected for any one event. Not more than one (1) sign shall be allowed at any one street or highway intersection. Eligible organizations that wish to place signs advertising an event at a specific location or address may place an additional five (5) stake signs as directional signs only. These directional signs shall be subject to all sign requirements of this section and chapter. B. Tvpes and Maximum Area of Signs Allowed -The following types of community special event signs shall be allowed, provided the sign does not exceed the maximum area and height established below. 1. Flexible Banner Signs: Banners shall be kept in good repair and remain firmly anchored or secured to the face of the building or may be suspended below Max. Area the apparent lower edge of an overhanging covered walkway, provided the 5o s. f. banner is firmly secured to the columns supporting the building. A flexible ~ banner sign may be freestanding. A flexible banner sign shall not exceed fifty (50) square feet nor exceed six (6) feet in height. Flexible Banner Sign Chapter 7 -Sign Regulations Page 7 - 2 2. Stake Signs: Signs shall not exceed six (6) square feet in area nor exceed four (4) feet in height. Max. Area 6 s. f. ~ C. Time Duration -Signs for City of Colleyville sponsored events may be erected for any length of time. Signs for public and semi-public schools, Colleyville Area Chamber of Commerce sponsored events and non-profit civic organizations may be erected 14 Community days prior to the activity and shall be removed not later than the first business day Special Events after the event. Signs for churches and other religious institutions may be erected Stake Sign thirty (30) days prior to the event and shall be removed not later than the first business day after the event. D. Permit - No permit or permit fee shall be required. E. Non-Qualifying Entities -Community special events not sponsored by a qualifying entity listed under section "A" above, may qualify for pole banner signage allowed in this section. 1. Pole Banners: The purpose of a pole banner sign is to provide advertising for a community event. Pole banners may be erected on utility and other designated poles within the public right-of-way subject to the following restrictions: 2. Permit.' A permit is required from the building permit office and may only issued to anon-profit organization for the purpose of advertising a function or event to which the general public is invited in Colleyville. Applications shall be considered on a first-come, first-served basis. 3. Permit Duration: No permit shall be approved for a period exceeding twenty- one (21) consecutive days. The pole banners shall be removed on the first business day after the last day of the event. 4. Commercial Message: A pole banner may only advertise the name and date of the community event. Any commercial message of a sponsor is limited to twenty-five percent (25%) of the sign area. 5. Maximum area and height: Thirty-five (35) square feet in area per pole and thirty-five feet (35') from the ground, provided the banner maintains a minimum of ten feet (10') of clearance between the bottom of the pole banner and the ground. 7. Location: Pole banners may be installed only on poles identified by the City that include the appropriate hardware for such installation. Chapter 7 -Sign Regulations Page 7 - 3 S ~ ~ O L ~ p ~ O N~ .~ C U O~ N U C .O •p C U a ~ 7. ~ ~' C a a .O. ~ .U a d~ .V SS O ~- N 7 Q a p D p~ p C ~ ~ C y~ V ~ a N L ~ ~_ T ~ ~ L O t~ L O O• •• N C 2 p• t Of T ~ N> p• O ~ T ~ . N ~ ~ ~j L O `Q ws t O p_ ~ _y ~ E N~ '~ ~ E N O ° o X n' U~ ~ ~ N~ ul C ~L`a m a N~ ~ ~ k y C a `° ° ~ fl. a N m <3~ a~ d U S ~~~ D_ U ~~~ w' Q 3 U> .- y O 1 - y Q U N p• O C=~ O Q. 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Ci ~ Y . ~. rr f y,~ l -~*. f r 3 a a w O O N L a I"' V Z ORDINANCE 0-10-1742 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 7, SIGN REGULATIONS OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding electronic.signs; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Chapter 7, Sign Regulations, of the Land Development Code, is hereby amended in its entirety to read as shown in the attached Exhibit "A". Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3. THAT 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. 4. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 5. THAT this ordinance shall take effect immediately from and after its passage. Ordinance 0-10-1742 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2010. The second reading and public hearing being conducted on the 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney Colleyville, Texas, Land Development Code Exhibit "A" Chapter 7 Sign Regulations Rev. 02/02/2010 Section 7-100 Purpose of This Chapter The purpose of this Chapter is to establish a comprehensive and balanced system of street graphics to facilitate an easy and pleasant communication between people and their environment and to avoid the visual clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and community appearance. It is the intent of this Chapter to establish standards, which regulate the design, construction, location, height, size and maintenance of signs and sign structures by authorizing the use of street graphics, which are: A. Compatible with their surroundings; B. Appropriate to the activity that displays them; C. Expressive of the identity of individual activities and the community as a whole; D. Legible in the circumstances in which they are seen; and E. Protective of property values. ~ ~... .. The regulations contained in this Chapter have been adopted under the authority of the following: A. Chapter 51 -General Powers of Municipalities of the Texas Local Government Code, which authorize a municipality to adopt ordinances, rules, or police regulation that is for the good government, peace, or for the trade and commerce of the municipality. B. The Home Rule Charter of the City of Colleyville, which authorize the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 7-110 Variances and. Appeals Any person seeking approval of a sign or sign structure inconsistent with this Chapter, may request a variance from, or appeal a decision of an administrative official to the Sign Board of Appeals using the procedures described in Chapter 1 -General Provisions of this Land Development Code. Section 7-115 Definitions The definitions for this Chapter are found in Chapter 2 -Definitions of this Land Development Code. Chapter 7 -Sign Regulations Page 7 - 1 Colleyville, Texas, Land Development Code The permittee, owner, agent, person or persons having the beneficial use of the property, the owner of the land or structure on which the sign is located, and the person in charge of erecting the sign are all subject to the provisions of this Chapter. Any person, firm or corporation violating any provision of this Chapter shall be guilty of a misdemeanor and shall be subject to the penalty provision contained in Chapter 1-General Provisions of this Land Development Code. Section 7-130 General Conditions Applicable to All Signs The following general conditions shall be applicable to all signs, except where a provision contained elsewhere in this Chapter specifies a different requirement. A. Compliance Reauired - No person, firm or corporation shall erect a new sign, or alter an existing sign, or sign structure, unless said sign conforms to the provisions of this Chapter. B. Sign Area - No sign shall exceed the maximum area provided for in this Chapter. The sign area permitted in this Chapter shall apply to the maximum size of a single sign face, except where a provision allows an alternate method for calculating sign area. When the two faces of a sign are separated by an angle of twenty (20) degrees or more, the maximum sign area shall be the total of all non-parallel sign faces. C. On-Premises Reauirement -All signs shall be located on the same premises where the product or merchandise being advertised is located, except where a specific provision in this Chapter provides for off-premises advertising. D. Maximum Heiaht - No sign shall exceed the maximum height provided for in this Chapter. In determining the maximum height of a sign, no sign shall be located on a mound where the surrounding grade has been altered by more than eighteen (18") inches for purposes of artificially increasing the overall height of a sign above that allowed by the height regulations in this Chapter. E. Wind Pressure and Dead Load Reauirements -All permanent signs shall be designed and constructed to withstand a wind pressure of not less than 35 pounds per square foot of area. F. Sian Contractor Registration - It shall be unlawful for any person, firm or corporation to engage in the business of erecting permanent signs in the city unless such person, firm or corporation is the holder of a valid registration with the City to perform such work. In extending the rights and privileges of such registration, the City of Colleyville makes no statement of the technical competency of those registered, and no manner of license is proffered. G. Engineering Requirements and Construction Standards -The construction of all signs shall comply with the structural requirements of the City of Colleyville Building Code. Where required by the enforcement official, the construction plans shall be signed and sealed by a professional engineer registered in the State of Texas. Any electrical installations shall comply with the City of Colleyville Electrical Code. No unfinished metal shall be allowed on the exterior surface of a sign or sign support. Chapter 7 -Sign Regulations Page 7 - 2 Colleyville, Texas, Land Development Code H. Signs in Right-of-Way Prohibited - No sign shall be erected in, extend into or over, a public right-of-way, except where a provision in this Chapter allows such location, or with the approval by the City Council of a Right-of-Way Encroachment Agreement. Interference with Safety Provisions - No sign shall be erected in such a manner that any portion of its surface or supports will interfere with the free ingress or egress of any fire escape, exit, standpipe, or window, or obstruct any required ventilator or door stairway. J. Illumination -Illumination of a sign shall only be allowed where a provision contained in this Chapter allows illumination for a specific sign classification or construction type. No sign located in a residential zoning district shall be illuminated, except where illumination is provided by a provision in this Chapter. Such sign illumination shall not produce glare or direct illumination across the property lines of the premises. K. Electronic Messa4e Signs Along State Highways: -Electronic signs placed along state highways shall be allowed to change messages at a minimum of every ten (10) seconds. The display of time and/or temperature may change at an interval of every three (3) seconds. Only one electronic sign shall be allowed per property. These provisions shall only be considered for commercial and institutional signs that are located on properties adjacent to Precinct Line Road, State Highway 26, or State Highway 121. L. Loss of Reouired Parking - No sign shall be constructed within the limits of a parking area that results in a reduction in the number of required parking spaces. M. Signs in Planned Unit Developments and property with a Special Use Permit -All signs shall comply with the regulations in this Chapter, unless an ordinance fora Planned Unit Development (PUD) or a Special Use Permit (SUP) contains a provision that authorizes a variation from the regulations in this Chapter. A. Permit Reauired - It shall be unlawful for any person to erect a new sign, relocate, enlarge or replace an existing sign, or sign face, regulated by this Chapter without first obtaining a permit from the Building Permit Office, except where an exemption is provided for in this Chapter. No permit shall be issued unless the proposed sign complies with the requirements of this Chapter. B. Permit Fee - Where a permit is required by this Chapter, no application for a sign permit shall be approved which is not accompanied by a permit fee in accordance with the applicable fee schedule. Said fee schedule shall be established by separate ordinance by the City Council. The enforcement official shall not issue a sign permit to any person who has previously failed or refused to pay any fees or costs assessed against him under the provisions of this Chapter, until such fees are paid. C. Application for Sign Permit -Application for a sign permit shall be made in writing upon forms furnished by the enforcement official. Such application shall contain sufficient information as determined by the enforcement official, including plans of the proposed sign, whereby the enforcement official may determine that the proposed sign is in conformance with the requirements of this Chapter. D. Permit Expiration - No sign permit shall be valid for more than 180 days from the date of issuance of the permit, except where a specific time period is provided elsewhere in this Chapter. Chapter 7 -Sign Regulations Page 7 - 3 Colleyville, Texas, Land Development Code E. Temporary Sign Permit -Where required by this Chapter, a sign permit for a temporary sign shall be valid only for the period specified by the enforcement official. A temporary sign which has not been removed on or before the last day authorized by the sign permit shall be deemed a violation of this Chapter. F. Permit Revocable -The enforcement official may suspend or revoke any sign permit issued in error or on the basis of incorrect or false information supplied, or whenever such permit was issued in violation of any provision of this Chapter. Any sign constructed that is the subject of a revoked permit shall be removed by the person in control of the sign or premises upon which the sign is located within ten (10) days of written notice of revocation. Notice of revocation shall be deemed to have been received when deposited in the mail, addressed to the owner of the premises, the owner of the sign, and/or the tenant for whose benefit the sign is erected as listed on the permit application. G. Inspections -All signs shall be subject to inspection by the enforcement official. The building official shall establish inspection procedures and provide copies of such procedures upon request. H. Investigation Fees -Whenever any work for which a permit is required by this Chapter has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected, whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee. ~~ • • . -. The following signs or forms of advertising shall be exempt from the regulations contained in this Chapter: A. Any sign erected by or under the authority of the City of Colleyville on property owned by the City of Colleyville. B. Street identification signs, public notices, and warning signs installed by any City, County, State or Federal agency. C. Residential nameplates or subdivision identification plaques attached to a perimeter screening wall not exceeding two (2) square feet in area. D. Historical markers placed by a city, county, state or national historical preservation organization. E. Official vehicle inspection station signs, holiday lights and decorations, or works of art. F. Signs located on-premises or inside a building and which are not displayed so as to be legible from a public street, including, but not limited to, such signs as credit card decals, hours of operation signs, emergency contact information, barber poles, etc. G. On-site traffic control signs on commercial properties, such as Stop, Yield, and similar traffic control signs containing no commercial message. H. "No Parking" or "Towing" signs authorized by City Ordinance. I. "No Dumping Allowed" signs posted to deter illegal dumping. Chapter 7 -Sign Regulations Page 7 - 4 Colleyville, Texas, Land Development Code J. Underground utility warning signs not exceeding one (1) square foot in size and similar safety signs. K. Signs on railway property, which references the operation of such railway. L. Security Warning, Neighborhood Watch or Crime Watch signs under two (2) square feet. M. Flags, emblems and insignia of any governmental body. N. Corporate flags displayed on a freestanding pole, which do not exceed 35 feet in height. The flag shall not exceed 32 square feet in area. The flagpole shall be setback a minimum of 20 feet from the front property line and 8 feet from the side property line. O. Drive-through menu boards not located in front of the building. P. Scoreboards, including the identification of donors. A. Permits - A permit shall be required prior to construction of any permanent freestanding sign, except where an exemption is provided for in these regulations. A permit shall be required for the removal and replacement of an interchangeable panel for a sign structure designed for such purpose. B. Certificate of Occupancy Required - No permit for a permanent freestanding sign shall be approved, except where a business exists with a valid Certificate of Occupancy or where a Certificate of Occupancy has been submitted for the premises on which the sign is to be located. C. Construction Standards -The construction of all permanent freestanding signs shall comply with the structural requirements of the Colleyville building code. No permanent wood signs shall be allowed. D. Illumination - A permanent freestanding sign may be illuminated. All electrical facilities shall require separate electrical permits and shall be installed in accordance with the City of Colleyville electrical code. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or create a traffic hazard on a public street. When determined necessary by the enforcement official, illuminated signs shall be shielded to minimize glare on residentially zoned property. E. Pedestrian Clearance - No permanent freestanding sign may project over a pedestrian walkway, unless there is a minimum of eight (8') feet of clearance provided from the bottom of the sign to the grade below the sign. F. Public Right-of-Way - No permanent freestanding sign shall project over or into a public right- of-way, except where a provision in this Chapter provides for a sign within aright-of-way or with the approval by the City Council of a Right-of-Way Encroachment and Joint Use Agreement. A sign may encroach over or into a public access easement that is located on private property, provided a minimum of eight (8') feet of clearance is provided over a walkway and a minimum of fourteen (14') feet of clearance is provided over a driving area. G Commercial Driveway Visibility Triangles - curb Line No sign, including the pole of a sign, shall be erected or maintained in such a manner Chapter 7 -Sign Regulations 75' Street Right-ot-way -- ~-:.; :T -~-- `~ Visibilitytriangk: to be kept clear of signs between 3A" and 9' above average curb grade Commercial driveway & curb cut Commercial Driveway Visibility Triangle Colleyville, Texas, Land Development Code so as to obstruct or interfere with a clear line of sight for the drivers of approaching motor vehicles within a visibility triangle located on each side of a commercial driveway which intersects with a public street right-of-way or public access easement. The triangular area shall be formed by extending from the imaginary intersection point of the street right-of-way line with the edge of the driveway a distance of fifteen (15) feet and connecting these points with an imaginary line, thereby making a triangle. Within this triangle, vision shall be clear at elevations between thirty inches (30") and nine feet (9') above the average curb grade. H. Street Intersection Visibility Triangles - No sign ________________ shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any TraEET a.o.u~ ss~ street intersection. At all street intersections, __ _-_ _-__ clear vision shall be maintained across the lot TYr I eAl `~ for a distance of twenty-five (25') feet back from aa~lr~t ~ ~ISi~l4~n FR~1NIi,LE the ro ert corner alon both streets. Within car ~ ~E ~frT CLEAR of p p Y 9 YE~~ a~s~rrucna~s this triangle, vision shall be clear at elevations ~ ~igPERnr between thirty inches (30") and nine feet (9') ~ u~E above the average curb grade. I. Attachments to Freestanding Sign - No guys, braces, attachments, banners, flags, balloons, or other similar devices shall be attached to any permanent freestanding sign. No permanent freestanding sign shall be constructed or displayed unless said sign is in conformance with the sign classifications and standards contained in this Section. A. General Business Signs -The purpose of a general business sign is to identify the name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located. A general business sign may provide advertising for a single or multi-tenant occupancy. All general business signs shall be subject to the following additional regulations: 1. Construction Design: All general business signs shall be designed and constructed as a monument sign as defined in this Land Development Code. 2. Districts Permitted: A general business sign shall be allowed only in zoning districts in accordance with Table 7-1. 3. Maximum Number.- One general business sign shall be allowed for each 250 feet of street frontage, or portion thereof, for each lot. Where a building encompasses more than one lot, each lot shall qualify for a general business sign. If the site is a corner lot, each frontage shall be allowed additional signs using the same formula described in this paragraph. The sign(s) shall be located adjacent to and within the qualifying street frontage. Additional signs are not permitted by adding different street frontages to total more than 250 feet. 4. Specifications: The maximum area, height, spacing and setbacks of a general business sign shall conform to the specifications contained in Table 7-2, except where provided as follows: a. Maximum Area: One-hundred and twelve square feet (112 s.f.), overall structure size. ri a Chapter 7 -Sign Regulations Max. t18" Structure size colurrm ;A each end 112 s. f. ~ 8„ base w., ~ General Business Sign u , with columns & base Colleyville, Texas, Land Development Code b. Base and Column Requirements: At a minimum, a general business sign shall be constructed to include a base and columns as described below. Said base and columns shall be included in the calculation for determining the overall structure size for compliance with these regulations. i. Base: A general business sign shall be constructed with a base that extends the entire length of the face of the sign structure. Said base shall be a minimum of eighteen inches (18") in height and shall be constructed of brick, stone, or of a material similar to that of the primary building on the lot. ii. Columns: A general business sign shall be constructed with columns constructed on each end of the face of the sign structure. Said columns shall be a minimum of eighteen inches (18") in width as viewed from the front and side elevations and shall extend the entire height of the face of the sign structure. Said columns shall be constructed of brick, stone, or of a material similar to that of the primary building on the lot. iii. Sign Face Offset Requirement: The vertical plane of the advertising image area shall be offset a minimum of two inches (2") from the vertical plane of the base and columns required above. c. Maximum Height: Eight feet (8'). d. Minimum Setback: Eight feet (8') from an abutting street right-of-way. Thirty feet (30') from any side or rear property line adjacent to another property. e. Minimum Thickness: The advertising image area of a general business sign shall not be less than four and one-half inches (4--'/") between vertical face planes. Changeable Reader Board: A general business sign may include a changeable reader board area, provided the combined gross surface area does not exceed the maximum allowable message area and provided that no more than fifty (50%) percent of the maximum allowable message area may be used as a changeable reader board area. A permit is not required to change the message on a changeable reader board. For purpose of this regulation, a changeable reader board may include an electronic message area. 6. Spacing: Where a lot qualifies for an additional general business sign, a general business sign shall be a minimum of one hundred (100') feet from another general business sign situated on the same lot. 7. Two Frontage Lots: A lot that abuts two (2) or more street frontages shall be allowed a general business sign for each street frontage, provided minimum spacing requirements are in compliance. B. Institutional Signs -These regulations provide for on-premises and off-premises institutional signs to assist the public with the location of these types of uses. On-Premises Institutional Sign: The purpose of an on-premises institutional sign is to identify schools, churches, hospitals or similar public orquasi-public institutions. One on- premises institutional sign per street frontage shall be allowed on the premises where the institution is located and in accordance with Table 7-1. All on-premises institutional signs shall be constructed as a monument sign as defined in this Land Development Code. The maximum area, height, spacing, and setbacks of an on-premises institutional sign shall conform to the specifications contained in Table 7-2, provided that an on-premises institutional sign located within a commercial zoning district may comply with the Chapter 7 -Sign Regulations Page 7 - 7 Colleyville, Texas, Land Development Code requirements of a general business sign. a. Minimum Setback: Eight feet (8') from an abutting street right-of- way and thirty feet (30') from any side or rear property line Max. Area adjacent to another property. in 45 s. f. b. Minimum Thickness: No on-premises institutional sign shall be less than four and one-half inches (4--'/") between vertical face Institutional Sign planes. {o~-premises) c. Changeable Reader Board: An on-premises institutional sign may include a changeable reader board area, provided the combined gross surface area does not exceed the maximum allowable sign area and provided that no more than fifty (50%) percent of the maximum allowable sign area may be used as a changeable reader board area. A permit is not required to change the message on a changeable reader board. For purpose of this regulation, a changeable reader board may include an electronic message area. Off-Premises Institutional Sign: The purpose of an off-premises institutional sign is to provide direction to a school, church, hospital or similar public or Max. Area quasi-public institution. An off-premises institutional signs may be placed f 6 s. f. on private property with the permission of the property owner. No more ~ ~ than two (2) off-premises institutional signs shall be allowed per institution. The signs shall not exceed sixteen (16) square feet in area nor exceed five (5') feet in height. An off-premises institutional sign is not required to be Institutional sign constructed as a permanent monument sign. {off-premises} C. Multi-family Signs -The purpose of amulti-family sign is to identify the name of a multi-family residential development. All multi-family signs shall be constructed as a Max. Area monument sign as defined in this Land Development Code and be constructed 25 s. f. ~' using the same standards as a General Business Sign, except for maximum area and height, which are established in this paragraph. One multi-family sign per Mufti-family Sign street frontage shall be allowed in zoning districts in accordance with Table 7-1. The maximum area, height, spacing, setbacks of amulti-family sign shall conform to the specifications contained in Table 7-2 and the following additional requirements. 1. Minimum Thickness: No multi-family sign shall be less than four and one-half inches (4- '/z) between vertical face planes. D. Subdivision Monument Signs -The regulations for subdivision monument signs are intended to allow residential developments to have large grand-entrance structures at the main entrances to Max. a subdivision. All subdivision monument sign structures shall be ° message area constructed to avoid the creation of a sight visibility obstruction for ~ 50 s. f. vehicular traffic entering and exiting the subdivision. No more ~,., ._,_„ than two subdivision monument signs shall be allowed per Subdivision Monument Signs subdivision entrance. No subdivision monument sign structure shall exceed ten (10') feet in height and the message area shall not exceed fifty (50) square feet. Subdivision monument signs shall be allowed in accordance with Table 7-1. Subdivision monument signs shall not be located within a public right-of-way, except with the approval by the City Council of aRight-of--Way Joint Use Agreement. The maximum area, height, spacing and setbacks of a subdivision monument sign shall conform to the specifications contained in Table 7-2. Max. area s s. f. 0 E. Traffic Directional Signs -The purpose of a traffic directional sign is to guide vehicular traffic into or out of an institutional use or commercial business by identifying a public Traffic Directional Sign Chapter 7 -Sign Regulations Page 7 - 8 Co/leyvil/e, Texas, Land Development Code entrance and exit for vehicular traffic. No more than two traffic directional signs per entrance or exit shall be allowed in accordance with Table 7-1, provided additional traffic directional signs shall be allowed when located behind the building set-back line. The maximum area and height of a traffic directional sign shall conform to the specifications contained in Table 7- 2. No permit shall be required for a traffic directional sign, provided all such signs shall comply with the regulations contained in this section. The following special purpose sign districts are hereby created to provide additional signage provisions that due to special circumstances are not applicable to all locations within the city. A. Freewav Overlav Zone -The area situated within 250 feet from the right-of-way line of State Highway 121 shall be defined as the Freeway Overlay Zone for the purpose of this sign regulation. 1. Freeway Pole Signs: The purpose of a freeway pole sign is to identify the name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located for businesses located adjacent to State Highway 121. Freeway pole signs shall be subject to the following regulations. a. Districts Permitted: A freeway pole sign shall be allowed in zoning districts in accordance with Table 7-1, but only for when the sign is Max. Area situated within the freeway overlay zone. 25o s. f. b. Maximum Number. No more than one freeway pole sign and one general business sign shall be allowed for each lot. ~ c. Specifications: The maximum area, height, spacing and setback of a freeway pole sign shall conform to the specifications contained in Table 7-2. d. Changeable Reader Board: A freeway pole sign may include a changeable reader board area, provided the combined gross surface Freeway Pole Sign area does not exceed the maximum allowable sign area and provided that no more than fifty (50%) percent of the maximum allowable sign area may be used as a changeable reader board area. A permit is not required to change the message on a changeable reader board. A changeable reader board may include an electronic message area. B. Major Multi-Tenant Shopping Center Sian Areas - A Special Purpose Sign District for a Major Multi-Tenant Shopping Center may be approved by the City Council provided the following minimum requirements are met. A Major Multi-Tenant Shopping Center shall include retail shopping centers that contain more than four (4) tenants and contain a minimum of 100,000 square feet of gross floor area for the purpose of this sign regulation. 1. Major Shopping Center Landmark Signs: The purpose of a major shopping center landmark sign is to identify a major shopping center and the name of a business, profession, service, product or activity conducted, sold or offered within the major shopping center. A landmark sign shall mean a free standing four-sided sign that provides an effective area for multi-tenant advertisement and shall only be permitted within a major multi-tenant shopping center area as defined above. Chapter 7 -Sign Regulations Page 7 - 9 Colleyville, Texas, Land Development Code a. Permit: A permit shall be required for a landmark sign upon the review and approval of the City Council. b. Specifications: All landmark signs shall comply with the following minimum requirements: i. Maximum Height: Thirty five feet (35'). ii. Maximum Base Dimensions: Fourteen feet (14') by fourteen feet (14'). iii. Maximum Effective Area of Signage: Five feet (5') in height and ten feet (10') width. iv. Architectural Features: Landmark signs shall be architecturally compatible to the principle building(s) on the property or overall architectural theme of a development. Decorative roof and wall design features, such as parapets, ridges, and eaves, etc. shall be incorporated into the design to provide visual interest. A flat roof line with no articulation is not permitted. v. Signage: Signage for each tenant shall be uniform in size, color and method of construction. j- l~ ~I r~.s~wa•w.. M ~ One side of four sides Imo- 74' --~ Major Shopping Center Landmark Signs Chapter 7 -Sign Regulations Page 7 - 10 Colleyville, Texas, Land Development Code No permit for a permanent freestanding sign shall be issued nor shall a permanent freestanding sign be constructed or displayed unless said sign is situated in a district authorized by Table 7-1 below: Table 7 - 1 Allowable Districts for Permanent Freestanding Signs Residential Commercial Special Permit Districts Districts Districts C S f ign lassi ication Required (Y or N) ~ r r°> °v ~ ~ ~ ~ a ~ v v v ~ a ~ ~ ~ ~ ~ e: v v v v a General Business Signs Y P P P P P P (1) Freeway Pole Signs Y (2) (2) (2) (2) (2) (2) (2) Institutional Signs Y P P P P P P P P P P P P P P P P Multi-family Signs Y P (3) Subdivision Monument Signs Y P P P P P P P P P Traffic Directional Signs N (4) (4) (4) (4) (4) (4) (4) (4) P P P P P P P (1) Notes for Table 7-1: (1) Permitted where the PUD ordinance allows commercial uses Legend: ~ Sign permitted in this district (2) Permitted only in the Freeway Overlay Zone (3) Permitted where the PUD ordinance allows multi-family uses (1) Sign permitted in this district (4) Permitted for Institutional uses in the applicable districts per special footnote No permit for a permanent freestanding sign shall be issued nor shall a permanent freestanding sign be constructed or displayed that exceeds the maximum area, height and minimum setback requirements contained in Table 7-2 below: Table 7 - 2 Area, Height and Setback for Permanent Freestanding Signs Minimum Minimum Minimum Maximum Maximum Front Side Spacing Special Type of Sign Sign Sign Property Property B/T Next Conditions Area Height Line Line Free-Stand. Setback (1) Setback Sign General Business Signs 112 s. f. (2) 8 ft. (2) 8 ft. 30 ft. 60 ft. (7) 1 per 250' street frontage Freeway Pole Signs 250 s. f. 35 ft. 8 ft. 30 ft. 60 ft. (7) 1 per lot (3) Institutional Signs (on-premises) 45 s f. (4) 5 ft. 8 ft. 30 ft. 60 ft. 1 per street frontage Institutional Signs (off-premises) 16 s f. 5 ft. none none none Maximum of two signs Multi-family Signs 25 s. f. 5 ft. 8 ft. 30 ft. 60 ft. 1 per street frontage Chapter 7 -Sign Regulations Page 7 - 11 Colleyville, Texas, Land Development Code Subdivision Monument Signs (8) 10 ft. 0 ft. 0 ft. (5) Na Maximum 2 per entrance Traffic Directional Signs (6) 6 s. f. 30 inches 0 ft. 0 ft. 0 ft. 2 per curb cut Notes for Table 7-2: (1) Any street frontage shall be considered a front property line (2) Maximum structure size. (3) Only permitted within 250 feet of Hwy. 121 right-of-way. (4) An on-premises Institutional Sign located in anon-residential zoning district may be constructed in accordance with the General Business Sign regulations for the applicable zoning district. (5) Signs on a street island must be designed to permit appropriate driver visibility- joint use agreement required. (6) Spacing requirements for Freestanding Signs are not applicable to Traffic Directional Signs. (7) 100 feet between signs when signs are located on the same lot. (8) Maximum message area is 50 s.f. A. Permit - A permit shall be required prior to construction of any permanent attached sign, except where an exemption is specifically provided for in these regulations. B. Certificate of Occupancv Required - No permit for a permanent attached sign shall be approved, except where a business exists with a valid certificate of occupancy or where a certificate of occupancy has been submitted for the premises on which the sign is to be located. C. Construction Standards -The construction of all permanent attached signs shall comply with the structural requirements of the Colleyville building code. D. Illumination - A permanent attached sign may be illuminated, however, illuminated attached signs on rear building facades are prohibited. All electrical facilities shall require separate electrical permits and shall be installed in accordance with the City of Colleyville electrical code. Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or create a traffic hazard on a public street. When determined necessary by the enforcement official, illuminated signs shall be shielded to minimize glare on residentially zoned property. E. Pedestrian Clearance - No permanent attached sign may project over a pedestrian walkway, unless there is a minimum of eight (8') feet of clearance provided from the bottom of the sign to the grade below the sign. F. Public Right-of-Wav - No permanent attached sign shall project over or into a public right-of- way, except where a provision in this Chapter provides for a sign within aright-of-way or with the approval by the City Council of a Right-of-Way Encroachment and Joint Use Agreement. A sign may encroach over or into a public access easement located on private property, provided a minimum of eight (8') feet of clearance is provided over a walkway and a minimum of fourteen (14') feet of clearance is provided over a driving area. Section 7-175 Permanent Attached Signs -Classification and Regulations No permit for a permanent attached sign shall be issued nor shall a permanent attached sign be constructed or displayed unless said sign is in compliance with the sign classifications and standards contained in this Section and is situated in a district authorized by Table 7-3. A. Awning Sians -The purpose of an awning sign is to provide an advertising message on the face of an awning. An awning may extend across the entire width of a building or Chapter 7 -Sign Regulations AWNINGS N r, i r, Colleyville, Texas, Land Development Code tenant space. An awning may extend above the apparent roof line of the building, provided the awning extends across seventy-five (75%) percent of the entire width of the building facade to which it is attached. An awning shall not exceed six (6') feet in height. The sign area on an awning shall not exceed 20% of the area of the awning and shall extend for no more than 50% of the length of the awning. A permit shall be required for an awning sign. Awning signs may be illuminated. B. Canopy Signs - A canopy sign shall be no greater in size than 20% of the I face of the canopy of which it is a part or to which it is attached and shall not extend beyond the face of the canopy either vertically or horizontally. An {.,,,,,. illuminated strip may be incorporated into the canopy. ~ ' C. Proiectin4 Signs -The purpose of a projecting sign is to identify the name of can°pysigns a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located by providing an advertising message that is perpendicular to the wall of the building to which it is attached. A projecting sign shall be allowed in zoning districts in accordance with Table 7-3 and shall comply with the following additional regulations: 1. Number of Signs: One (1) projecting sign shall be allowed for each single tenant building or for each tenant in amulti-occupancy structure. However, no tenant storefront shall have a projecting sign in combination with a wall sign on the same building elevation. 2. Maximum Area: A projecting sign shall not exceed twenty (20) square feet. The plane of the message area shall not exceed eighteen (18") inches from the plane of the message area on the opposite side of the sign. 3. Horizontal Projection: A projecting sign shall not project more than four (4') 4~,„.,,. feet from any wall facing and shall not be closer than two (2') feet from a curb P~o~n~p line. A projecting sign shall not extend above the apparent roof line of the s'e" building. 4. Clearance: Every projecting sign shall be a minimum of eight (8') feet above the grade over a walking area or fourteen (14') feet over a vehicular maneuvering area. Projection signs shall not project over any property line or right-of-way line. a.ol.°ti~~ sl~n 5. Illumination: A projecting sign may be illuminated. D. Wall Signs - A wall sign shall only be allowed over the premises on which it advertises and may be illuminated; provided, illuminated wall signs on rear building facades are prohibited. Wall signs shall comply with the following additional regulations: Maximum Area: The total area of all wall signs on a single tenant building or occupancy space of amulti-tenant building shall not exceed the product of two times the lineal width of the wall on which such signs are located. For purpose of this regulation, on multi-tenant buildings, the width of each lease space shall be used to calculate each sign width. 2. Maximum Height: Six feet (6'), provided that no wall sign shall extend above the wall to which it is attached. Chapter 7 -Sign Regulations Max. area = L x 2 ~ 6' Mast. Hsiyht ..fly ttl~ t' ~ }Fi , ~lj. s~ L Waq 51pn ~Olr~^ ~ MBX. Wltlth a ,~ 7696 wall width Colleyvil/e, Texas, Land Development Code 3. Maximum Width: Seventy-five percent (75%) of the width of the wall area to which it is attached. When more than one wall sign is used, the combination of the sign widths, when placed side by side, shall not exceed seventy-five (75%) of the width of the wall to which they are attached. 4. Horizontal Projection: No wall sign shall project from the vertical plane of the wall more than eighteen inches (18"). E. Subdivision Wall Signs or Plaques -Subdivision wall signs or Max. 3o s. f. plaques shall not exceed thirty (30) square feet in area. Subdivision wall signs or plaques are limited to two per subdivision entryway and may be illuminated. A subdivision Subdivision Wall Plaque wall sign or plaque shall be attached to a fence or screening wall. For purposes of this regulation, the size of the graphic and sign text shall be used to measure sign size. No permit for a permanent attached sign shall be issued nor shall a permanent attached sign be constructed or displayed unless said sign is situated in a district authorized by Table 7-3 below: Table 7 - 3 Allowable Districts for Permanent Attached Signs Residential Commercial Special Permit Districts Districts Districts Si Cl ifi ti R i d gn ass ca on re equ (Y or N) ~ c N ! M a W ~ ~ ~ u. ~ 2 ~ o ~ Z ~ ~ v N v M v J ~ ~ a p a o o a ~ Awning Signs Y P P P P P P (1) Canopy Signs Y P P P P P P (1) Projecting Signs Y P P P P P P (1) Subdivision Wall Signs or Y P P P P P P P P P P Pla ues Wall Signs Y P P P P P P (1) Notes for Table 7-3: (1) Permitted where the PUD ordinance allows commercial uses Legend: ~° Sign permitted in this district (1) Sign permitted in this district per special footnote Section 7-185 Temporary Signs -General Conditions A. Permit - A permit approved by the enforcement officer prior to the construction or display of some classifications of temporary signs is required to determine compliance with these regulations and to establish the beginning and ending display periods. B. Certificate of Occupancy Required - No temporary sign shall be constructed or erected, except where a business exists with a valid certificate of occupancy or where a certificate of Chapter 7 -Sign Regulations Page 7 - 14 Co/leyvil/e, Texas, Land Development Code occupancy has been submitted for the premises on which the sign is to be located, unless a provision in this Section allows a sign to be displayed off-premises. C. Illumination - No temporary sign may be illuminated, except where a regulation provides for illumination. Lighting, where allowed, shall be installed so as to avoid any glare or reflection onto adjacent property, or create a traffic hazard on a public street. When determined necessary by the enforcement official, illuminated signs shall be shielded to minimize glare on residentially zoned property. No permit for a temporary sign shall be issued nor shall a temporary sign be constructed or displayed unless said sign is in compliance with the sign classifications and standards contained in this Section and is situated in a district authorized by Table 7-3. Where a provision exempts certain classifications of temporary signs from the permit requirement, said temporary signs shall comply with all other provisions for temporary signs. A. Agricultural Signs -The purpose of an agricultural sign is to identify the temporary seasonal sales of produce, crops, animals or poultry that are Max. Area produced or raised on the farm or ranch on which the sign is placed. An a s. +. agricultural sign may be displayed in zoning districts in accordance with Table 7-4. One agricultural sign shall be allowed per lot, parcel or tract of land, provided the property contains a minimum of one (1) acre. The AgricuRural Sign maximum gross surface area of the sign shall be eight (8) square feet. Agricultural signs shall have a maximum height of four (4') feet. B. Construction Trades Signs -The purpose of a construction trades sign is to Max. Area denote the architect, engineer, financial institution or building trades contractor involved in a construction project. Construction trades signs shall be regulated as 64 s. f. o either commercial or residential, which shall be allowed in accordance with Table 7-4. The maximum area, height, spacing and setbacks of a Construction Trades Sign shall conform to the specifications contained in Table 7-5. construction trades sign {commercial} Construction trades signs shall not be erected until a building permit has been submitted for building construction and shall be removed up on completion of the Max. Area construction project or occupancy of the structure, whichever is applicable. a S. t. Construction trades signs shall not be illuminated. No permit or fee shall be required for a construction trades sign. construcei°n Trades sign (residential) C. Development Signs -The purpose of a development sign is to advertise a proposed residential subdivision or commercial project. A development sign shall be allowed in accordance with Table 7-4. A development sign shall not be illuminated. The maximum area, height, spacing and setbacks of a development sign shall conform to the specifications contained in Table 7-5. A permit shall be required for a development sign, Max. Area 64 s. f. o A development sign shall be removed when the project is 90% complete or within three years from start of construction, whichever is less. For the purpose of this provision, a subdivision shall be deemed 90% complete when 90% of the lots within Development Sign the subdivision are sold. D. Garage Sale Signs -The purpose of a garage sale sign is to announce the sale of household possessions. Garage sale signs shall be allowed in any zoning district in accordance with Table 7-4. The maximum area, height, spacing and setbacks of a garage sale sign shall Chapter 7 -Sign Regulations Page 7 - 15 Co/leyville, Texas, Land Development Code conform to the specifications contained in Table 7-5 and shall comply with the following additional regulations: 1. Duration: A garage sale sign shall not be posted more than twenty-four (24) hours prior to the beginning of the sale and shall be removed within twenty-four Max. Area (24) hours following the end of the sale. s s. f. a 2. Illumination: A garage sale sign shall not be illuminated. ~i Garage Sale Sign 3. Permit: No permit or fee shall be required for any garage sale sign. (resiaentia~) 4. Single-family residential on-premises: One garage sale sign per street frontage shall allowed, but only on the premises where the garage sale is being conducted and where there is an existing residential use. 5. Neighborhood-wide garage sales: Two garage sale signs per subdivision entrance shall be allowed for aneighborhood-wide garage sale sponsored by Max. Area a homeowner's association (HOA). The garage sale sign may be off- premises from where the actual garage sale is conducted, but the sign shall 32 s. f. ~ be located on property, including a street right-of-way, that is within the limits of the homeowner's association. The HOA must be registered with the Colleyville Code Enforcement Department. Garage sale sign (neighborohood vride) E. Missing Pet Signs -The purpose of a missing pet sign is for the pet owner to alert the immediate area or neighborhood where the pet owner resides that a pet is lost or missing. 1. Number of Signs: There shall be no more than four (4) signs allowed per pet owner. 2. Location of Signs: Signs may be placed on the private property where the pet owner resides and within the following street rights-of-way: Rights-of-way at street intersections that are located within a 1,000 foot radius of the pet owner's residence. No signs may be placed upon any telephone poles. 3. Duration: missing pet sign(s) may be posted for a period of not more than ten days. 4. Illumination: A missing pet sign shall not be illuminated. 5. Permit: No permit or fee shall be required for any missing pet sign. 6. Sign Dimensions and colors: Signs shall be placed on the ground and shall not exceed four (4) feet in height and shall not exceed eight (t3) square feet in area. The background and/or primary color of the sign shall be white. F. Home Occupation Signs - (refer to Chapter 3 of the Land Development Code regarding Home Occupations). G. Model Home Signs -The purpose of a model home sign is to provide advertising of a typical completed residential dwelling. A model home sign shall be allowed in any residential zoning district in accordance with Table 7-4, provided the sign and the Max. Area model home are located in the subdivision being developed. Model home signs are 32 s. f. limited to one per premises. A model home sign permit may not exceed a period of CO 24 months, provided if the model home is sold prior to the expiration of the 24 month period, the sign shall be removed when the sale is completed. The maximum area, height, spacing and setbacks of a Model Home sign shall conform Model Home Sign to the specifications contained in Table 7-5. Chapter 7 -Sign Regulations Page 7 - 16 Colleyville, Texas, Land Development Code H. Political Signs -Apolitical sign shall be allowed in any zoning district. No political sign shall be attached to any utility, light, or traffic signal pole. Apolitical sign shall not be illuminated. Political signs shall not be placed upon any property public owned property, but may be placed on any private property or within the public right-of-way adjacent to private property with the approval of the adjacent property owner, subject to the following additional regulations. 1. Political Signs on Private Property -Apolitical sign situated on private property Max. Area shall not exceed thirty-two (32) square feet, nor exceed eight (8) feet in height. 32 s. f. ~ 2. Political Signs within a public right-of-way -Apolitical sign may be placed within the public right-of-way, provided no portion of the sign shall be closer than three 3 feet from the ed a of the street avement and further rovided no art of the Political Sign ( ) 9 P p P (on pnvate property) sign extends over any sidewalk. Apolitical sign situated within a public right- m;;~ of-way shall not exceed sixteen (16) square feet in area nor exceed four (4) ~ VOTE feet in height. ~ ~~ 0 ~~~~ Curb a. Apolitical sign shall not be erected within a public right-of-way more than r thirty (30) days prior to the date of the official election and shall be removed within seven (7) days after said election. Max. Area tBs.t. b. Apolitical sign shall not be placed within a roadway median or block vehicular visibility. Political Sign rvnt~in d FCNN} 3. No permit or fee shall be required for a political sign. Real Estate Signs (Commercial) -The purpose of a commercial real estate sign is to advertise the sale, rental or lease of the premises on which said sign is located. Max. Area A commercial real estate sign shall be allowed in accordance with Table 7-4. A 64 s. f. o commercial real estate sign shall not be illuminated. The maximum area and height r of a commercial real estate sign shall conform to the requirements contained in Table 7-5. Commercial real estate signs shall be removed within seven (7) days following the completion of the sale, rental or lease of the premises. No permit or Real Estate Sign permit fee shall be required for a commercial real estate sign. (commercial) J. Real Estate Sians (Residential) -The purpose of a residential real estate sign is to advertise the sale, rental or lease of the premises on which said sign is located. A Max. Area residential real estate sign shall not be illuminated. A residential real estate sign shall t2 s. r. ~ be allowed in a residential district in accordance with Table 7-4. The maximum area and height of a residential real estate sign shall conform to the requirements contained in Table 7-5. All signs shall be removed within seven (7) days following the completion Real Estate Sign (residential) of the sale, rental or lease of the premises. No permit of permit fee shall be required for a residential real estate sign. K. Temporary Business Sians -The purpose of a temporary business sign is to provide advertising for specific periods of time to identify the name of a business, profession, service, product or activity conducted, sold or offered on the premises where the sign is located. 1. Requirements: Temporary business signs shall conform to the following additional regulations: a. Maximum number.• One per business occupancy holding a valid certificate of occupancy. b. Illumination: None allowed. Chapter 7 -Sign Regulations Page 7 - 17 Colleyville, Texas, Land Development Code c. Permit Requirements: A temporary business sign permit shall not be valid for more than 30 consecutive days and there shall be a thirty (30) day non-display period between permits. No more than three temporary business sign permits shall be issued per calendar year per business occupancy. d. Permit Fee: A permit fee shall be charged for a temporary business sign. The permit fee shall be established by City Council. e. Districts Allowed: Temporary business signs shall be allowed in zoning districts in accordance with Table 7-4. 2. Types of Temporary Business Signs: A business tenant may choose any one of the following types of sign structures: a. Flexible Banner Signs: Banners shall be kept in good repair and remain firmly anchored or secured to the face of the building or may be suspended below the apparent lower edge of an overhanging covered walkway, provided the banner is firmly secured to the columns supporting the building. A flexible banner sign may not be freestanding. A flexible banner sign shall not exceed fifty (50) square feet nor exceed six (6) feet in height. b. A-Frame Signs: The purpose of an A-frame sign is to provide temporary advertising during business hours of a commercial occupancy. (1 ). Maximum height and area shall conform to the following table: Maximum heights and areas of A-Frame Si ns Max. Area Max. Hei ht Located on a sidewalk 8 s. f. 4 feet Located in a and 24 s. f. 6 feet (2). Time duration: Only displayed during business hours. A-Frame Sign (3). Placement: Only allowed on private property, but may be located on a public sidewalk, provided a width of four feet (4) shall remain free from Max. Area IntrUSlOn. 76 s. f. m c. Stake Signs: A stake sign shall not exceed sixteen (16) square feet, nor exceed six (6) feet in height. stake s~9n L. Weekend Builder /Real Estate Open House Signs -The purpose of Weekend Builder /Real Estate Open House Signs is to assist the general public by providing direction to available residential properties in Colleyville. Signs that advertise developments located outside the corporate limits of Colleyville shall be prohibited. 1. Open House Sign Definition: A means of advertising and marketing a property that is for sale. A period of time during which a builder, developer, or real estate agency markets the home by inviting buyers in for a public viewing to see the interior without making an appointment. 2. Weekend builder /real estate open house signs may be placed on private property or in the public right-of-way with the approval of the Max. Area adjacent property owner, provided the advertiser has a valid annual g s. f. permit required by these regulations. Signs placed within the public ~ Chapter 7 -Sign Regulations Weekend Builder and Real Estate Open House Sign Colleyville, Texas, Land Development Code right-of-way shall be situated not more than five (5) feet from the right-of-way line and shall be no closer than three (3) feet from the edge of the sign to the edge of the street pavement. No weekend builder /real estate open house sign shall block vehicular visibility. Approval of an annual permit does not grant unlimited access or use of the public right-of-way, therefore, it shall be the responsibility of the builder, owner, or real estate agency to secure permission of the property owner for placement of the signs on private property or in the adjacent street right-of-way. Open house signs shall not be posted within visibility triangles. No sign shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25') feet back from the property corner along both streets. Within this triangle, vision shall be clear at elevations between thirty inches (30") and nine feet (9') above the average curb grade. 3. A builder, developer, or real estate agency must be registered with the City of Colleyville to qualify and participate as a weekend advertiser or for open house signs. An annual permit is required for each builder, developer or real estate agency, which shall expire on December 31 each year. The permit fee shall be established by separate ordinance approved by the City Council. Note: For purpose of this regulation a real estate agency shall be defined as the real estate broker or owner holding a franchised agency. 4. A weekend builder /real estate open house sign shall not exceed six (6) square feet in area and four (4) in height. No sign shall be placed on trees, utility poles, traffic control signs or within a street median or encroach over a sidewalk. 5. Maximum number of Weekend Builder Signs: The maximum number of signs displayed at any one time for a weekend builder shall not exceed twenty (20) signs for any subdivision. 6. Maximum number of Real Estate Open House Signs: The maximum number of signs displayed at any one time for a real estate agency shall not exceed twenty (20) signs, provided no more than two (2) signs shall be displayed within the right-of-way for any single residential property. One (1) on-site open house sign shall be located on the premises of the open house for property identification. The sign shall be in accordance with the open house sign maximum effective area specifications. The house shall be open for a public viewing to see the interior without making an appointment for the entire period during which open house signs advertise the property. Real estate open house signs shall be limited to directing traffic to an open house. All open house signs shall include the open house address, open house date(s), and open house public viewing time(s). Open house viewing times shall refer to the availability of the public to view the interior of a home without making an appointment. The information shall be located on the advertising surface of the sign and shall not be attached to the pole of the sign. 7. Weekend builder signs may be exhibited from 12:00 noon on Friday till 12:00 noon on the following Monday. Open house signs may be exhibited only between the hours of 12:00 midnight Friday to 12:00 midnight on the following Sunday. A holiday falling on a Friday or a Monday will be considered as part of the weekend. M. Window Signs -Window signs may be placed so as not to obscure more than 25% of the visible window area. Where multiple windows exist, fronting on the single elevation, the 75% visibility shall be maintained for the total window area on said elevation. Chapter 7 -Sign Regulations Page 7 - 19 Colleyvil/e, Texas, Land Development Code N. Temporary Construction Entrance Signs -The enforcement official is hereby authorized to approve temporary signs to direct traffic to the entrance of a commercial business when the driveway that provides access to the business or the street immediately abutting the business is under construction. No temporary sign shall be displayed unless said sign is situated in a district authorized by Table 7-4. Table 7-4 Permitted Districts for Temporary Signs Permit Residential Districts Commercial Districts Special Districts Sign Classification Required (Y or N) ~ ~ ~ ~ w ~ ~ ~ ~ ~ = ~ a U z U U U i U i U J ~ ~ Q o 0_ Agricultural Signs N P P P P P P P P P P P P P P P P Community Special Event Signs N See Section 7-205 Construction Trades Signs Commercial N P P P P P P (1) Construction Trades Signs Residential N P P P P P P P P P (2) Development Signs Y P P P P P P P P P P P P P P P P Garage Sale Signs (3) N P P P P P P P P (3) (3) (3) (3) (3) (3) (3) (3) Missing Pet Signs N P P P P P P P P P P P P P P P P Home Occupation Signs N See Home Occupations in Chapter3 of the Land Development Code Model Home Signs Y P P P P P P P P (2) Pole Banners Y See Section 7-205.E Political Signs N P P P P P P P P P P P P P P P (1) Real Estate Sign (Commercial) N P P P P P P (2) Real Estate Sign (Residential) N P P P P P P P P P (1) Temporary Business Signs Y P P P P P P (1) Banner Signs Y (4) (4) (4) (4) (4) (4) (4) (4) P P P P P P (1) A-FrameSigns Y P P P P P P (1) StakeSigns Y P P P P P P (1) Weekend Builder / RE Signs Y See Section 7-190.K Notes for Table 7-4: (1) Permitted where the PUD ordinance allows commercial uses (2) Permitted where the PUD ordinance allows residential uses. (3) Property must contain a residential use. (4) Where an Institutional use occupies the premises Legend ~ =Sign permitted in this district (1) =Sign permitted in this district per footnote Chapter 7 -Sign Regulations Page 7 - 20 Colleyville, Texas, Land Development Code All temporary signs shall be constructed in accordance with the requirements listed in Table 7-5: Table 7-5 Maximum Area, Height and Setback of Temporary Signs Front Side Max. Max. Property Property Special Type of Sign Area Height Line Line Conditions Setback Setback Agricultural Signs 8 s. f. 4 ft. none none one acre lot min. Community Special Events Signs See Section 7-205 for regulations Construction Trades Signs (Commercial) 64 s. f. 10 ft. none none none Construction Trades Signs (Residential) 8 s. f. 4 ft. none none none Development Signs 64 s. f. 10 ft. none none none Garage Sale Signs (single-family residential) 8 s. f. 4 ft. none none 1 per frontage Garage Sale Signs (neighborhood-wide) 32 s. f. 6 ft. none none 2 per subdivision entrance Missing Pet Signs 8 s. f. 4 ft. none none 4 signs max. allowed on pet owner's property and in ROW at street intersections within 1,000 foot radius of pet's home Model Home Signs 32 s.f. 6 ft. none none 24 months Pole Banners See Section 7-205.E for regulations Political Signs (on private property) 32 s. f. 8 ft. none none none Political Signs (within a public right-of-way) 16 s. f. 4 ft. none none none Real Estate Signs (Commercial) 64 s. f. 10 ft. none none none Real Estate Signs (Residential) 12 s. f. 6 ft. none none none Temporary Business Signs Banner Signs 50 s. f. 6 ft. none none 3 permits per A-Frame Signs (Located in a yard) 24 s. f. 6 ft. none none calendar year / 30 A-Frame Signs (Located on a sidewalk) 8 s. f. 4 ft. none none days between permits /permits StakeSigns 16 s. f. 6 ft. none none valid for 30 days Weekend Builder /Real Estate Open House Sign See Section 7-190.K for regulations Section 7-205 Temporary Community Special Event Signs The purpose of this regulation is to provide temporary advertising for certain community special events sponsored by public and quasi-public agencies, churches and other religious institutions located within the corporate limits of the City of Colleyville. Signs shall be allowed in accordance with the following: Chapter 7 -Sign Regulations Page 7 - 21 Colleyville, Texas, Land Development Code A. Qualifying Entities -The following public and semi-public agencies, churches and other religious institutions located within the corporate limits of the City of Colleyville shall be permitted to have community special event signs in accordance with the provisions of this section. 1. City of Colleyville: Signs advertising an event conducted and sponsored by the City of Colleyville may be placed on any private property or in the public right-of-way adjacent to the private property with the approval of the adjacent property owner. Signs placed within the public right-of-way shall be situated not more than five (5) feet from the right-of- way line and shall not block vehicular visibility. 2. Public and Semi-Public Schools: Signs advertising an event conducted and sponsored by a public orsemi-public school may be placed on property owned by the public or semi- public school or within the adjacent right-of-way. Signs placed within the public right-of- way adjacent to property owned by the public or semi-public school shall be situated not more than five (5) feet from the right-of-way line and shall not block vehicular visibility. 3. Colleyville Area Chamber of Commerce: Signs advertising the Colleyville Business Expo sponsored by the Colleyville Area Chamber of Commerce may be placed on any private property or in the public right-of-way adjacent to the private property with the approval of the adjacent property owner. Signs placed within the public right-of-way shall be situated not more than five (5) feet from the right-of-way line and shall not block vehicular visibility. 4. Churches and Other Religious Institutions: Signs advertising an event conducted and sponsored by a church or other religious institution located within the corporate limits of the City of Colleyville may be placed only on the premises where the event is located or within the public right-of-way adjacent to the premises where the event is located. Signs placed within the public right-of-way shall be situated not more than five (5) feet from the right-of-way line and shall not block vehicular visibility. Non-Profit Civic Organizations Not Listed Above: For the purpose of this section, a non- profit civic organization shall be anot-for-profit community organization that has as its primary objective charitable fundraising, community betterment or youth sports promotion and participation. The determination of whether an organization meets this definition shall be made by the city manager or his/her designee. Any appeal to an administrative determination regarding an organization's eligibility under this section shall be considered by the Sign Board of Appeals. Signs advertising an event conducted and sponsored by a non-profit civic organization may be placed on any private property or in the public right- of-way adjacent to the private property with the approval of the adjacent property owner. Signs placed within the public right-of-way shall be situated not more than five (5) feet from the right-of-way line and shall not block vehicular visibility. No more than five (5) stake signs and two (2) flexible banner signs, as specified below, may be erected for any one event. Not more than one (1) sign shall be allowed at any one street or highway intersection. Eligible organizations that wish to place signs advertising an event at a specific location or address may place an additional five (5) stake signs as directional signs only. These directional signs shall be subject to all sign requirements of this section and chapter. B. Types and Maximum Area of Signs Allowed -The following types of community special event signs shall be allowed, provided the sign does not exceed the maximum area and height established below. 1. Flexible Banner Signs: Banners shall be kept in good repair and remain firmly anchored or secured to the face of the building or may be suspended below Max. Area the apparent lower edge of an overhanging covered walkway, provided the so s. f. banner is firmly secured to the columns supporting the building. A flexible m Chapter 7 -Sign Regulations Fle~dble Banner Sign Colleyville, Texas, Land Development Code banner sign may be freestanding. A flexible banner sign shall not exceed fifty (50) square feet nor exceed six (ti) feet in height. 2. Stake Signs: Signs shall not exceed six (ti) square feet in area nor exceed four T (4) feet in height. Max. Area 6 s. f. ~ C. Time Duration -Signs for City of Colleyville sponsored events may be erected for any length of time. Signs for public and semi-public schools, Colleyville Area Chamber of Commerce sponsored events and non-profit civic organizations may be erected 14 Community days prior to the activity and shall be removed not later than the first business day Special Events after the event. Signs for churches and other religious institutions may be erected Stake Sign thirty (30) days prior to the event and shall be removed not later than the first business day after the event. D. Permit - No permit or permit fee shall be required. E. Non-Qualifying Entities -Community special events not sponsored by a qualifying entity listed under section "A" above, may qualify for pole banner signage allowed in this section. 1. Pole Banners: The purpose of a pole banner sign is to provide advertising for a community event. Pole banners may be erected on utility and other designated poles within the public right-of-way subject to the following restrictions: 2. Permit: A permit is required from the building permit office and may only issued to anon-profit organization for the purpose of advertising a function or event to which the general public is invited in Colleyville. Applications shall be considered on a first-come, first-served basis. 3. Permit Duration: No permit shall be approved for a period exceeding twenty- one (21) consecutive days. The pole banners shall be removed on the first business day after the last day of the event. 4. Commercial Message: A pole banner may only advertise the name and date of the community event. Any commercial message of a sponsor is limited to twenty-five percent (25%) of the sign area. 5. Maximum area and height: Thirty-five (35) square feet in area per pole and thirty-five feet (35') from the ground, provided the banner maintains a minimum of ten feet (10') of clearance between the bottom of the pole banner and the ground. 7. Location: Pole banners may be installed only on poles identified by the City that include the appropriate hardware for such installation. .~ ~ •- e• •r .. - . .. A. Grand Openings -The purpose of the grand opening signage provision is to allow the enforcement official to issue a permit to a new business, or to a business that has substantially remodeled, as defined herein, for the purpose of obtaining special advertisement signage for a temporary period. The following regulations apply to grand opening signage permits: 1. Eligibility: Upon issuance of a certificate of occupancy and within one year thereafter, a business shall be allowed to receive a grand opening sign permit when one of the following conditions applies: Chapter 7 -Sign Regulations Page 7 - 23 Colleyville, Texas, Land Development Code a. When a certificate of occupancy has been issued to the new business, or b. When a certificate of occupancy has been issued to an existing business, which has substantially remodeled and the cost of the renovation exceeds sixty (60) percent of the current value of the building, or lease-space, excluding the value of the land, according to the most recently approved tax roll. 2. Allowable Signs: Signs may include a combination of pennants, tethered or inflatable balloons, and one (1) temporary business sign. The height and area of such signs shall be limited to the applicable regulations for the sign classification. A temporary business sign may be placed off-premises with the permission of the property owner during the period of the grand opening sign permit. The permit holder shall be the responsible party for compliance with the grand opening sign permit regulations. 3. Permit: A permit shall be required for a business to utilize the grand opening signage provisions. No permit fee shall be required for a grand opening sign permit. The use of a grand opening sign permit shall have no affect on the number of subsequent temporary sign permits that may be authorized for a business occupancy. 4. Duration: A grand opening sign permit shall be valid for a period not to exceed sixty (60) consecutive calendar days Exception: A permit for a search light shall be a separate permit and not be granted any rights authorized under the grand opening provisions of this Section. B. Search Lights - A search light may be used as a sign in any non-residential zoning district. A search light shall be located a minimum of 50 feet from any public right-of-way and positioned so that all beams of light emitted have a minimum angle of 30 degrees from grade level. A search light may not generate light of an intensity in excess of 1,600 million foot candle power. No more than four beams of light may be projected from any premises. All search lights must be designed and maintained so as to prevent any light from being directed at any portion of a street or adjoining property. No light emitted shall be of such intensity to cause impairment of the vision of the driver of any vehicle upon a public right-of-way or private roadway. No search light may be operated between the hours of 11:00 P.M., and 7:00 A.M. 1. Permit: A permit shall be required to place a search light at a business location. 2. Duration: Permits for search lights shall be limited to periods of seven (7) consecutive days and permits shall be limited to one per premises for each 6 month period. C. Major Shopping Center Overlay Zone -The purpose of a major shopping center overlay zone is to reduce the overall number of signs situated along a public street by providing shared advertising privileges within a major development and by providing off-premises advertising alternatives for businesses located on lots which do not have frontage along a major public transportation thoroughfare. Developments which satisfy the criteria contained in this Section shall qualify for the sign provisions contained in this Section. General Qualification Criteria: A commercial development which has a single or multi- occupancy building containing a minimum of one hundred thousand (100,000) square feet of floor area and situated on a single platted lot or on two or more contiguous platted lots shall qualify as a major shopping center. In addition to those lots which satisfy the general qualification criteria described in this paragraph, any adjacent or non-adjacent lots platted within the development that are platted under the same subdivision name shall also be eligible for the sign provisions contained in this Section. 2. Shared and Off-Premises Signage Privileges: A lot located within the limits of a major shopping center overlay zone may contain a sign that advertises a single or multi-tennant business occupancy located on another lot within the same major shopping center Chapter 7 -Sign Regulations Page 7 - 24 Colleyville, Texas, Land Development Code overlay zone, provided that the sign structure complies with the regulations applicable to the classification of sign constructed. Major Shopping Center Entry-Wall Signs and Plaques: The purpose of a major shopping center SHOPPING C E N T E R entry-wall sign and plaque is to identify a major ~ shopping center and the name of a business, ~ profession, service, product or activity conducted, ~' Max. Max. Max. Max. 12 s.f. 12 s.f. 12 s.f. 12 s.1 sold or offered within the mayor shopping center. Two sign structures shall be allowed per vehicular Major Shopping Center entrance and may be illuminated. The maximum Entry-Wall Sign and Plaque height of the entry-wall structure shall not exceed five (5) feet. The maximum area of a sign plaque shall not exceed twelve (12) square feet. There shall be a minimum of three (3) feet spacing between sign plaques. 4. Permit: A permit shall be required for a major shopping center entry-wall sign. The signs described in this Section shall be prohibited within the corporate limits of the City of Colleyville. A. Off-Premises Sians -Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. B. Obscene Si4ns - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. C. Portable Signs - No person shall erect or allow to be displayed on the premises owned or controlled by him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. A temporary sign allowed by these regulations may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. D. Vehicle Si4ns - No vehicle containing a sign that is large enough to be discernable from a public right-of-way shall be parked within forty (40) feet of a public right-of-way where the intended purpose is its use as a sign for the subject matter displayed on the vehicle. E. Roof Sian -Signs mounted on roofs or above a parapet are not permitted. F. Painting. Marking, Attachina. Materials to Streets. Sidewalks, etc. - No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole, public building, fence or structure except as allowed by the sign code. G. Attachina Signs to Fences or Utility Poles - No person shall attach a sign to a fence or a utility pole, except a small sign identifying the name of the fence company not discernable from the street. H. Moving and Flashing Sians - No person shall erect or allow to be displayed upon premises owned or controlled any illuminated, animated, moving or flashing sign. Exception: Only a sign, which has illumination, that is turned on and off, changes in light Chapter 7 -Sign Regulations Page 7 - 25 Colleyville, Texas, Land Development Code intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature, only shall not constitute a flashing sign. I. Balloons and Inflatable Advertising - No person shall erect or allow to be displayed as a sign, any balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any other structure, except as allowed by a grand opening sign permit. J. Non-Combustible Material -Any sign with either direct or indirect illumination which is attached to the sign shall be constructed of non-combustible materials. Such signs shall be supported by non-combustible supports. K. Simulation of Traffic Control Signs - No sign shall obstruct the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. L. Non-Defined Sians - No person shall erect or allow to be displayed upon premises owned or controlled by him any sign that is not specifically allowed by this Chapter. No person shall allow a sign located on a premises owned by him, or which he has control of, to display or contain any of the following defects or conditions: A. where the elements of the surface or background can be seen as viewed from the intended viewing distance to have portions of the finished material flaked, broken off, missing or otherwise not in harmony or consistency with the rest of the surface; or B. where the structural supports or frame members are visibly bent, broken, dented, deteriorated or torn; or C. where a panel is visibly cracked or in the case of wood and other similar products, splintered in such a way as to constitute unsightly or harmful conditions-, or D. the sign, or its elements are twisted leaning or at angles other than those at which it was originally erected; or E. where the message or wording can no longer be clearly read by a person with normal eyesight under normal viewing conditions; or F. where the sign or its elements are not in compliance with the requirements of any building, electrical, sign or other type of code construction standards adopted by the City of Colleyville. A. Authority -The enforcement official is hereby authorized and directed to enforce all the provisions of this Chapter. Chapter 7 -Sign Regulations Page 7 - 26 Colleyville, Texas, Land Development Code B. Right of Entrv -Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, the enforcement official or his authorized representative may enter such building or premises at all reasonable times to inspect the same or to perform any duty imposed upon the enforcement official by this Chapter, provided that if such building or premises is occupied, he shall first present proper credentials and request entry; and if such building or premises is unoccupied, he shall first make a reasonable effort to located the owner or other persons having charge or control of the building or premises and request entry. If such entry is refused, the enforcement official or his authorized representative shall have recourse to every remedy provided by law to secure entry. C. Removal of Certain Signs Upon Notice - When a sign is constructed or erected in violation of these regulations, the property owner and/or tenant shall be given notice to remove said sign or alter said sign so as to comply with the regulations contained in this Chapter. Notice shall require compliance with these regulations within not more than ten (10) days from the date notice is served. Notice may be hand delivered or deposited in the United States mail, addressed to the property owner at the address shown on the most current tax roll of the City, or the tenant as shown on the utility billing records of the City. If the owner cannot be found, or if the notice is refused, or if the notice is returned by the United States Postal Service, then the owner may be notified by posting notice on or near the front door of each building on the premises where the violation exists at least ten (10) days prior to further action or by posting notice on a placard attached to a stake driven into the ground on the premises where the violation exists at least ten (10) days prior to further action. EXCEPTION: Ille4al Temporary Sicans -The enforcement official is hereby authorized to remove without notice any illegal temporary signs placed on public property or within aright- of-away. Such signs shall be impounded and may be destroyed by the City. D. Dilapidated or Deteriorated Signs -Upon determination by the enforcement official that a sign is in a dilapidated or deteriorated condition or declared unsafe, dangerous or poses a threat to the safety of the general public, the enforcement official shall give notice of said determination to the owner of the property on which the sign is erected. Said notice shall specify a time period of not more than ten (10) days in which said dilapidated or deteriorated condition must be corrected. 1. Failure by the owner of the property to correct the dilapidated or deteriorated sign or remove the same within the time provided in the notice shall constitute a violation of this Chapter. 2. When a property owner, agent, or tenant fails to abate a sign declared to be unsafe and dangerous within the time period allowed, the enforcement official is hereby authorized to contract for such work to abate the unsafe or dangerous condition and charge the property owner for the costs of such abatement. If the actual charges to the City are not paid within thirty (30) days, the City shall file a lien against the property. 3. A sign which has been substantially destroyed or dismantled for any purpose other than maintenance operations or for changing letters, symbols or other matters on the sign. The sign shall be deemed to be substantially destroyed or dismantled if the cost of repairing the sign is more than 60% of the cost of erecting a new sign of the same type at the same location. Chapter 7 -Sign Regulations Page 7 - 27 Colleyville, Texas, Land Development Code A sign which does not conform to the regulations prescribed in this Chapter and existed lawfully on the date of adoption of this Chapter, or amendment hereto, shall be declared a nonconforming sign and may exist in its present form. A nonconforming sign may be maintained, but shall not be altered, or moved unless a permit be issued pursuant to the provisions of this Chapter. The right to continue a nonconforming sign shall cease and such shall be removed whenever: A. A sign is altered, moved or relocated without a permit pursuant to the provisions of this Chapter. Exception: A sign face of a nonconforming sign may be replaced, provided no alterations to the sign structure are made. B. A sign is destroyed and the cost to repair exceeds 60% of the replacement cost on the date of the damage. C. A sign leans such that an angle between the sign and the ground is 75 degrees or less. Reserved for listing of amendments to this Chapter. Ord. Number Date Sub'ect 0-02-1321 01/15/2002 Communi S ecial Event Si ns 0-02-1353 08/07/2002 Grand O enin Si ns 0-03-1428 11/18/2003 Revision of entire cha ter 0-04-1456 04/06/2004 Political si n revisions 0-08-1657 02/05/2008 Landmark Si ns 0-08-1685 07/01/2008 Weekend Builder/Real Estate O en House Si ns revisions 0-09-1719 06/02/2009 Electronic Si n Re ulations revisions 0-10-1742 02/02/2010 Tem ora Si n Revisions Chapter 7 -Sign Regulations Page 7 - 28 ,~~, ~~'~ ~ ~ ~ City of Colleyville 100 Main Street ~~ Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-10-1743 File Number: 0-10-1743 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01/19/2010 Agenda No.: 7b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit for a second hand goods shop located on Lot 2A, Block 6R of the Woodbriar Estates West Addition located at 3811 Colleyville Boulevard, Suite B, Case ZC09-017 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Site Plan • Ordinance 0-10-1743 History of Legislative File Version: Date: Acting Body: Action Text: 01/11/2010 Planning and Zoning Commission 01/19/2010 City Council Title Approval of a request for a Special Use Permit for a second hand goods shop located on Lot 2A, Block 6R of the Woodbriar Estates West Addition located at 3811 Colleyville Boulevard, Suite B, Case ZC09-017 Explanation First Reading and Public Hearing Heidi Keel has submitted an application for a Special Use Permit (SUP) to allow a second hand goods shop located at 3811 Colleyville Boulevard, Suite B. Existing Conditions. The subject property currently contains an existing 3,648 square foot multi-tenant retail building that contains three lease spaces. The existing spaces include a dry cleaning business with the other two spaces vacant. Existing Zoning. The property is currently zoned CC3-Highway Commercial. The proposed use of a second hand goods shop is allowed with the approval of a Special Use Permit in the CC1-Village Retail, CC2-Shopping Center and CC3-Highway Commercial zoning districts. Proposed Business. As stated above, the applicant is proposing to use the existing 960 square foot Suite "B" on the subject property for the second hand goods shop. The applicant states that the proposed business will resell used merchandise such as baby/infant items, clothing, small appliances and household furnishings. These items will City of Colleyville Page 1 Printed on 1/13/2010 Agenda Briefn_g Continued (0-10-1743) be purchased or accepted as donations from the general public. There will be no pawn style loans on any merchandise. The proposed hours of operation for the business are 9:00 a.m. to 5:00 p.m. Tuesday through Friday, 10:00 a.m. to 2:00 p.m. on Saturday and closed for business on Sunday and Monday. The proposed hours of operation have not been added to the draft ordinance. The proposed business name is "New For You". Staff recommends that the business name be codified in the draft ordinance. Therefore, any future change to the business name, should it remain as a second hand goods store, would require amending the Special Use Permit. Off-Street Loading/Unloading. The applicant states that loading and unloading of merchandise will take place during normal business hours and occur only through the front entrance of the business as there is no access to the business from the rear. The applicant also states that there will be no outside storage of donated or other items on the subject property. This provision has been added to the draft ordinance. Parking. The applicant is proposing to utilize the existing parking spaces on the subject property. Given the size of the existing multi-tenant building (3,648 square feet), based on the Land Development Code requirement of one parking space per 200 square feet of gross floor area for general retail uses, a minimum of 18 spaces is required. There are currently 27 parking spaces on the property. Therefore, adequate parking exists for the proposed use. Master Plan. The Colleyville Master Plan designates the future use of this area for retail land uses. The proposed use complies with the Master Plan provided a Special Use Permit is granted. Adjacent Zoning and Development. The surrounding properties are primarily developed as retail uses. The property to the west is zoned CC3-Highway Commercial district and undeveloped. The property to the south along SH26 is zoned CC1-Village Retail and developed as a retail center. The property to the north along SH26 is zoned CC3-Highway Commercial and is currently developed as the 99 Cent retail store. The property to the east is zoned CN-Neighborhood Commercial and currently used as a preschool facility. Public Notification. Staff mailed notices to 6 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the rezoning request at the January 11, 2010 meeting by a vote of 5-0 subject to the following condition: All signage shall be consistent with the business name, "New for You" and shall not contain the words "thrift", "used", "salvage", "pawn" or "junk". This condition has been added to the draft ordinance. City of Colleyville Page 2 Printed on 1/15/2010 Agenda Briefing Continued (0-10-1743) Summary. The proposed development complies with the future land use designations of the Master Plan. Staff recommends that there be no outside display of resale items on the sidewalk or parking areas in front of the subject property. This provision has been added to the draft ordinance. Financial Impact There is no financial impact. Recommendation Approval subject to the conditions in the draft ordinance. City of Colleyville Page 3 Printed on 1/15/2010 Location and Zoning Map U ~~z°~ ~ +~ = P RR ~ , J ~T1a ~, , „ 37tt- ,,~ ~~~ ~T1? ~?.~ ` r a' p 709 372 `~ ~ ~7D9 37D8 ~~~ "s7~g 3709 37G'3 37U9 $70E 370D . 3; {~F 3704 3705 3704 3709 ~?fie r ~, 0~ Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER CITY OWNER ZIP SITUS ADDR Davidson, Charles W Etux Velma 63 N Dulcet Hollow Cir The Woodlands TX 77382 3900 Colleyville Blvd 99 Cents Only Stores Tx Inc 4000 Union Pacific Ave Los Angeles CA 90023 3901 Colleyville Blvd Sa inaw, Rose PO Box 12091 Dallas TX 75225 3811 Colle ville Blvd 4 Hms Llc 300 W Greenbriar Ln Colleyville TX 76034 300 W Greenbriar Ln Oakmont Plaza Lp 3108 W 6Th St Ste 222 Fort Worth TX 76107 3809 Colleyville Blvd Clarke, Walter Jr Etux Candi 214 W Greenbriar Ln Colleyville TX 76034 214 W Greenbriar Ln Robert Keel, applicant 1 Devonshire Dr. Bedford TX 76021 applicant Public hearing notices were mailed on Monday, December 28, 2009 by Sarah Coplen. Signature Statement of Planning Objectives 28 December 2009 City of Colleyville 100 Main St. Colleyville, TX 76034 Dear Mr. Ron Ruthven, A/CP At some point in most peoples lives we purchase things we don't really care for, or have things stuffed in closets we no longer use or have out grown. My intensions are to open an upscale resale shop, making such merchandise available to others who might not be as fortunate to buy brand new, but holding to our name these items will be New For You. All merchandise offered will be clean and slightly used. We intend on offering such items as: Baby items -cribs, strollers, carseats, walkers, toys. Clothing Apparel -infants to adults Small Appliances -microwaves, toasters, coffee makers, pots & pans Ilousehold furnishings -tables, chairs, coffee & end tables, lamps, wail decorations Hours of Operations may change to satisfy the needs of the consumer. There are no plans or desires to be open late night, early mornings or Sundays. Closed -Sunday & Monday Tuesday -Friday: gam to 5pm Saturday: loam to 2pm Taxes will be paid as per state and municipal requirements. VVe will accept donations and consignments during normal business hours. This is in no way to be considered a "pawn shop" type of business. No loans on any merchandise! However we will purchase any material items we consider adequate for sale in our business. Considering size of structure, amount of sellable merchandise that can be stocked and the fact a new business start up projected sales of 2 to 4 thousand a month can realistically be expected. Business will be operated as a Limited Liability Company with HEIDI L. KEEL as Manager. Application has been submitted for an EIN. Should there be any additional information required or necessary please advise. Best jtegards; ~ /' ~._,r t ~~ f ~ __ ~w~~R Heidi L. Keel t~~ ! ~-f'~%~,~i ~ ~~ i ~N~ 5''. ~t~~~~ e'~ .:5~/mss:.) ~~ ~c~~c~' f~. ~/%~ %~..~~1 ~•~ :•~ . t~ ~ g,t5,. ~,-~ r r ~c :~' v ~~~QiY ~Q 1~PL! ~,¢?~o,.l P,Pl~C°~SS ~~T.Pt~ifs~ SITE PLAN 3811 Colleyville Blvd. '~~ _- SUITE B ~'` - _ l ~~ y T ; ~ - . 960 SQ. F f :* :~ - - ~ = _ ~ ~ t ,, _.-~ ~- ' Y i~ ? ' ~ ~ F 3 < ~ - r _ :, • -~ - . ' ' e ~~ ~ °' - f ~ A i ~ ~ ` ~ b~ ~`i S ,.. _`V\ F 5i' ~ _ j $ ' ~ ~ 27 Existing ~ , ~ - Parking ~ s~ '~. -'~ ~~ Spaces ~.;f ;_. ~ ~~ ~ ~: J ~, ~ . _, ~,~_ r _ `~ _ ,. ,- •' a ~ ~ -> .-x-,. ~ o ~~,. ~ ~ ~ ~ .~ .. ,i~~ ~-2a _ ,.~ --_ ORDINANCE 0-10-1743 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 2A, BLOCK 6R OF THE WOODBRIAR ESTATES WEST ADDITION LOCATED AT 3811 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A SECOND HAND GOODS SHOP; 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. ZC09-017; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-10-1743 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby the approval of a Special Use Permit for a second hand goods shop on Lot 2A, Block 6R, of the Woodbriar Estates West Addition located at 3811 Colleyville Boulevard, as depicted on Exhibit .~A~, Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a second hand goods shop as described in Exhibit "B" and the business shall only be allowed within Suite B of the existing building on the subject property. b. There shall be no outside display of any merchandise on the subject property. c. Donated and purchased items shall not be placed outside of the building at any time and must be stored within the building immediately upon drop-off. d. There shall be no donation kiosks or other related donation structures independent of the main structure located on this property. e. The gross floor area of the business authorized by this Special Use Permit shall not exceed 960 square feet. f. The business name shall be called "New For You". Any signage shall be consistent with said business name and shall not contain the words "thrift", "used", "salvage", "pawn" or "junk". Ordinance 0-10-1743 Page 3 of 4 g. This business shall not grant any loans nor operate as a pawn shop. h. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. 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 Ordinance 0-10-1743 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map ~- a.. / ~ao1 S: ~b „, , 102 :i ~U: • ~° 1 ~~0 1v'~, ~~O ~~ `~ `\V `~``~ _ ~~~ ~ooa CC CC3 1D5 ~~~~~~ PUDC • SITE , rv `.a ~1~ '~' ^ar ~ i~~ ~ 114 110 14D CC1 . ac _ ~2c9 ?C 1 37`°~ PUDR ?2C1 ~ ^11 ?.~' 2r,3 tt~ 115 i'1 ' 72D 3721 s 3,`~ .. 3'19 3?+, 37+~ ~?« 3 =1 3716 '~?1T 206 2D4 200 3713 3712 3-•~ 3717 7D9 372'3 3712 3-; , 3 3?14 37,3 212 O 3704 3709 3?c2 37r,;; 37D8 37D9 3708 370E+ 370Fi 37oa ' ?.7r.~, 3704 3705 3704 3705 3?D4 37D1 371 ,4 Exhibit "B" -Statement of Planning Objectives 28 Decembtr 2009 City of Colleyvillc 100 Main St. Colleyville. TX 760:ZA Dear Mr. Kvn Ituthven, A/CP At xome point in mast peoples lives we purchase things we don't really care for, ar have things stuffed in closets we no longer use or have out grown. My issteasions are to open an upscale resale shop, making such mercbaedisr ovailabk to others who might ant be as fortunate to buy brood new, but bolding to our Home these items will be New For You. Ail merchandise of[ered will be clean and slightly used. VVe intend oa offering such items as: Baby items -cribs, strollers, carseats, walkers, toys. Clothing Apparel -infants to adults Small Appliaaces -microwaves, toasters, caffee makers, pots +& pans household furnishings -tables, choirs, cofYee & end tables, lamps, wall decorations 1-lours of Operations snag change to sotisfy the needs of the consumer. There are no plans or desires to be epee late night, early mornings or Sundays. C'lused -Sunday & Monday Tuesday -Friday: gam to Spm Saturday: 19asn to 2pm 't`axes will be paid ss per state and municipal requirements. We wilt accept donations and coosignmeets during normol business hours. This is in na way to be eansidered a ~powe shop" type of business. rio loans on auy merchandise! flawever we will purchase any material items we consider odegrote for sole in our business. t'oasideriag size of structure, amount of sellable merchandise that can be stacked and the fact a new business start up projected sales of 2 to ~ thousand a manth can reaiistirally be a:peeled. tusiness will be operated as a Limited Liability Company with HEIDI L. KEEL os Manager. Application has been submitted !or an EIN. Shortd there be any additions! information required or necessary please advise, Best~tegards; ' - +; .~ Heidi L. Keel "~ `=` City Hall City of Colleyville 100 Main Street L.,.A ~ Colleyville, Texas 76034 rrK.~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-10-3190 File Number: R-10-3190 File Type: Resolution Status: Resolution Version: 1 Requester: Office of the City Secretary Agenda Date: 01/19/2010 Agenda No.: 8a Controlling Body: City Council File Name: Consideration of appointments to the Colleyville Tree Board Attachments: Colleyville Tree Board roster.pdf Resolution R-10-3190.pdf History of Legislative File Final Action: Version: Date: Acting Body: Action Text: 01/19/2010 City Council Title Consideration of appointments to the Colleyville Tree Board Explanation Reading and Public Hearing The Colleyville Tree Board consists of representatives from the Parks and Recreation Advisory Board and the Keep Colleyville Beautiful Committee and/or the Colleyville Garden Club. On February 3, 2009, City Council approved Ordinance 0-09-1707 amending. the terms of the Colleyville Tree Board to run concurrent with the members' terms on the Parks and Recreation Advisory Board and Keep Colleyville Beautiful and/or the Colleyville Garden Club. On January 4, 2010, the Parks .and Recreation Advisory Board recommended the appointment of Steve Dalri, Ken Llewellyn and Natalie Genco to the Colleyville Tree Board with terms to run concurrent with their terms on the Parks and Recreation Advisory Board. This item is provided for City Council to consider the appointments to the Colleyville Tree Board. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 1/11/2010 Colleyville Tree Board Keep Colleyville Beautiful Representative Moira Brunken 7204 Belle Meade Drive Colleyville, TX 76034 H: (817) 343-5531 moiraCa~moirasellshomes.com TERM:Oct 2008 -Oct 2011 Keep Colleyville Beautiful Representative Roger Nelson 4509 Dartmoore Lane Colleyville, TX 76034 H: (817) 577-1916 roger(a~railnet.com TERM:Oct 2008 -Oct 2011 Keep Colleyville Beautiful Representative Ginny Tigue 4415 Meandering Way Colleyville, TX 76034 H: (817) 267-5527 atiaueCcD_hotmaiLcom TERM:Oct 2008 -Oct 2011 Parks and Recreation Representative VACANT Parks and Recreation Representative VACANT Parks and. Recreation Representative VACANT 1/&/2010 RESOLUTION R-10-3190 A RESOLUTION APPOINTING MEMBERS TO THE COLLEYVILLE TREE BOARD WHEREAS, the Colleyville Tree Board consists of representatives from the Parks and Recreation Advisory Board and the Keep Colleyville Beautiful Committee and/or the Colleyville Garden Club; and WHEREAS, the Parks and Recreation Advisory Board, recommends the appointment of Steve Dalri, Ken Llewellyn and Natalie Genco tothe-Colleyville Tree Board to serve a term concurrent with their term on the Parks and Recreation Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby appoints Steve Dalri, Kenneth Llewellyn and Natalie Genco, representing the Parks and Recreation Advisory Board, to serve on the Colleyville Tree Board for a term concurrent with their term on the Parks and Recreation Advisory Board. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS AYES, DAY OF NAYS AND _ 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor 4:,~,~ ~~ # ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 vwvw. co- l eyvi l l e. co m File Number: R-10-3191 File Number: R-10-3191 Version: 1 File Type: Resolution Agenda Date: 01/19/2010 Status: Resolution Controlling Body: City Council Requester: Office of the City Agenda No.: 8b Final Action: Secretary File Name: Consideration of appointments to the Park Land Dedication Committee Attachments: Park Land Dedication Committee roster.pdf Resolution R-10-3191.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/19/2010 City Council Title Consideration of appointments to the Park Land Dedication Committee Explanation Reading and Public Hearing The Park Land Dedication Committee is comprised of two members of the Planning and Zoning Commission and two members of the Parks and Recreation Advisory Board. Ordinance 0-91-823, which established the Park Land Dedication Committee, provides that the City Council shall appoint the members of the Park Land Dedication Committee and the terms of the members of the Park Land Dedication Committee shall coincide with their respective terms on the Planning and Zoning Commission or the Park Board. Mr. Brian Estridge's term on the Park Land Dedication Committee expired December 2009. On January 4, 2010, the Parks and Recreation Advisory Board recommended the appointment of Mr. Rick Paddock to the Park Land Dedication Committee. Mr. Michael Clardy and Mr. David Dudziak's term on the Park Land Dedication Committee expired September 2009. On October 12, 2009, the Planning and Zoning Commission recommended the reappointment of Mr. David Dudziak and Mr. Michael Clardy to the Park Land Dedication Committee. This item provides for City Council consideration of the recommendation for appointments to the Park Land Dedication Committee. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 1/11/2010 Park Land Dedication Committee Parks and Recreation Representative Vince Rosen 1313 Chatsworth Court East Colleyville, TX 76034 H: (817) 577-4862 vinceCcr~.rosenhome.com TERM:Feb 2009 -Dec 2010 Parks and Recreation Representative VACANT Planning and Zoning Representative VACANT Planning and Zoning Representative VACANT i/8/2010 RESOLUTION R-10-3191 A RESOLUTION APPOINTING MEMBERS TO THE PARK LAND DEDICATION COMMITTEE WHEREAS, the Park Land Dedication Committee is comprised of two members of the Parks and Recreation Advisory Board and two members of the Planning and Zoning Commission; and WHEREAS, the Park Land Dedication Committee member terms coincide with the member's terms on the Parks and Recreation Advisory Board and the Planning and Zoning Commission; and WHEREAS, the Parks and Recreation Advisory Board recommends the appointment of Rick Paddock to the Park Land Dedication Committee; and WHEREAS, the Planning and Zoning Commission recommends the appointment of David Dudziak and Michael Clardy to the Park Land Dedication Committee. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby appoints Rick Paddock to serve on the Park Land Dedication Committee to a term concurrent with his term on the Parks and Recreation Advisory Board. Sec. 2. THAT the Colleyville City Council hereby appoints David Dudziak and Michael Clardy to serve on the Park Land Dedication Committee to a term concurrent with their term on the Planning and Zoning Commission. AND IT IS SO RESOLVED. PASSED 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 Hall `° ;~ City of Colleyville 100 Main Street Colleyville, Texas 76034 „.,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-10-3192 File Number: R-10-3192 Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 01/19/2010 Agenda No.: 8c Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of changing the date of the first regular City Council meeting of March 2, 2010 to March 3, 2010 Attachments: Resolution R-10-3192.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 01/19/2010 City Council Title Consideration of changing the date of the first regular City Council meeting of March 2, 2010 to March 3, 2010 Explanation Reading and Public Hearing In accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. The City Council meetings are normally held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. The City Council may consider changing the date of the first City Council meeting in March as follows: The first regular City Council meeting of Tuesday, March 2, 2010, to Wednesday, March 3, 2010, as March 2, 2010 is Primary Election Day. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 1/15/2010 RESOLUTION R-10-3192 A RESOLUTION CHANGING THE DATE OF THE REGULAR CITY COUNCIL MEETING OF MARCH 2, 2010 WHEREAS, in accordance with the City Charter, the City Council shall meet regularly at least twice in every month at such times as a City Council may prescribe by rule; and WHEREAS, historically, the City Council meetings are held the first and third Tuesday of each month except when those dates may conflict with an event or holiday; and WHEREAS, Primary Election Day is Tuesday, March 2, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the first regular City Council meeting in March 2010 will be held Wednesday, March 3, 2010. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2010. ATTEST: Cynthia Singleton, TMRC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~-~~'~~~ ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ~.,. Agenda Briefing 817.503.1000 vrww. co l l e yv i l l e. co m File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 01/19/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: 10 Final Action: Secretary File Name: Reports -January 19, 2010 Attachments: Senior Center Advisory Committee Minutes -September 17, 2009 Library Board Minutes - October 12, 2009 Parks and Recreation Advisory Board Minutes -November 2, 2009 Planning and Zoning Commission Minutes -December 14, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 01/19/2010 City Council Title Senior Center Advisory Committee Minutes -September 17, 2009 Library Board Minutes -October 12, 2009 Parks and Recreation Advisory Board Minutes -November 2, 2009 Planning and Zoning Commission Minutes -December 14, 2009 City of Colleyville Page 1 Printed on 1/14/2010 GitY of ~ Il~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday September 17, 2009 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:35 p.m. on Thursday, September 17, 2009 by Wanda Johnson, Vice Chair of the Committee. ROLL CALL: Susan Thomason, Wanda Johnson, Molly Skinner and Dorothy Parker ABSENT: Debra Minea and Anne Gifford STAFF: Renee Garrett, Senior Center Supervisor and Monica Walsh, Parks and Recreation Director Call to Order and Roll Call 2. Approval of the August 20, 2009 Senior Center Advisory Committee Minutes Dorothy Parker made a motion to approve the minutes. Molly Skinner seconded. The motion carried with a unanimous vote. 3. Discussion and Consideration of Senior Wish List Renee Garrett, Senior Center Supervisor, reported she has two (2) quotes for the lighting of the flag pole, $1,470 and $1,750. Susan Thomason stated she has a contact that may quote a lower price and will give Renee Garrett the information. Wanda Johnson requested a flag that has flown over the Capitol. Senior Center Advisory Committee September 17, 2009 Page 2 of 2 4. Discussion on Items of Interest for Potential Future Action None 5. Reports -Staff and Committees Renee Garrett, Senior Center Supervisor, gave an overview of the senior activities and programs. Dorothy Parker suggested people attending the Health Fair should be asked if they have been to the Senior Center before and get name and address. She also suggested that the Senior Center Advisory Committee welcome visitors. Monica Walsh, Parks and Recreation Director, reported on the Senior Center trail. She reported that the Parks and Recreation Advisory Board had approved $150,000 funding for bocce ball, landscaping and senior center elements. It will now go before City Council for approval. 6. Citizen comments/presentation regarding items not on the agenda* None 7. Adjournment Molly Skinner moved to adjourn at 2:00 p.m. Susan Thomason seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: Wanda H. Drexel, Administrative Secretary COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES October 12, 2009 I. CALL TO ORDER -Chair Jerome Davis called the meeting of the Colleyville Public Library Board to order at 7:10 p.m., and welcomed new Library Board members. ROLL CALL -Members present: Pat Jones, Thad Bolline, Jerome Davis, Billie Tuttle, Mary Alice Rippe and Nancy Bowen Members Absent: Karen Birkes Alternates Present: Linda Bond and Amy Dowell Ex-Officio Members Absent: Steve Banta, Dr. Larry Darlage, Mayor David Kelly, Jorge Rodriguez, Mary Smith, Kay Newton and Cecilia Monacelli Staff present: Mary Rodne II. ELECTION OF THE COLLEYVILLE PUBLIC LIBRARY BOARD CHAIR Chair Jerome Davis opened the floor for nominations for Library Board Chair. A motion was made by Pat Jones and seconded by Nancy Bowen to nominate Jerome Davis. Motion approved unanimously. III. ELECTION OF THE COLLEYVILLE PUBLIC LIBRARY BOARD VICE CHAIR Chair Jerome Davis asked for nominations for Library Board Vice Chair. A motion was made by Nancy Bowen and seconded by Pat Jones to nominate Mary Alice Rippe. Motion approved unanimously. IV. APPROVAL OF AUGUST 10, 2009 MINUTES - A motion was made by Nancy Bowen and seconded by Pat Jones to approve the August 10, 2009 Minutes as presented. Motion approved unanimously. V. LIBRARIAN'S REPORT A. Monthly Statistics Library Director Rodne distributed Colleyville Public Library Usage Statistics, for review and discussion. In September, patrons had checked out a total of 19,264 items, 79 Colleyville residents registered for library cards, library patron visits totaled 8,034, attendance for programs totaled 195 and volunteer hours totaled 164.50 hours. Rodne noted that the total circulation of library materials this year was 11 % higher than the total circulation of library materials last year at this time. Rodne also reported that the Library's fiscal year had ended on September 30, 2009, and noted that the usage had exceeded all projections. During Fiscal Year 2008-2009, patrons checked out 238,459 items, 1,293 Colleyville residents had registered for Library cards, which increased the overall total of residents registered to 13,799, patron visits totaled 111,426, and attendance for programs totaled 16,932. B. Donations Director Rodne reported that the Library had received a total of $316.26 in donations in August and September. In August, the donations included: $66.26 from the Better World Books online book sale, which is coordinated by the Friends of the Library. In September, donations included: $200 from Jerome Davis for the purchase of books to honor Richard Roxburgh for his years of service on the Library Board, and $50 from the Garden Club for the purchase of a book in memory of Phil Kelly, deceased husband of member Garden Club Joan Kelly. C. Programs Director Rodne presented an overview of fall programs and distributed the Youth Services Programs 2009 fall brochure for review and discussion. Rodne reported that the Youth Services fall programs had started on September 21St, and noted that most of programs that required registration were filled. Rodne added that the popular LEGO program was continuing on a monthly basis and that around 85 had attended the September session. Also, Rodne announced that the Library would be sponsoring the second annual Holiday Open House on December 12, 2009 from 1:00 p.m. - 3:00 p.m. D. TLC Automation Software Update Director Rodne reported that The Library Corporation (TLC), the Library's Integrated Library System vendor, had conducted a major software upgrade over the Labor Day weekend and that everything had gone well. It was noted that the upgrade had included many enhancements to circulation features and the Library's online catalog. E. Dulce Moore Annual Short Story Contest Director Rodne announced that the Library was going to co-sponsor an annual short story writing contest in honor of Dulce Moore with the North Texas Professional Writers' Association, and distributed the Dulce Moore Annual Short Story Contest Guidelines for review and discussion. It was noted that the winners would be announced at the Library's Holiday Open House on December 12, 2009 at 2:00 PM. VI. COLLEYVILLE PUBLIC LIBRARY FY2010 BUDGET UPDATE Library Director Mary Rodne noted that the City Council had adopted the FY2010 budget at the September 15, 2009, City Council meeting and presented an update on the approved Colleyville Public Library FY2010 budget. VII. APPROVAL OF THE USE OF THE VOLUNTARY LIBRARY FUND FOR THE PURCHASE OF LIBRARY MATERIALS, MATERIALS PROCESSING SUPPLIES AND LIBRARY PROGRAMS Director Rodne presented an overview of the Voluntary Library Fund and distributed a Voluntary Library Fund report for Board review. The Board discussed the proposed expenditure of $135,000.00 for the purchase of collection materials, materials processing supplies and library programs. A motion was made by Mary Alice Rippe and seconded by Pat Jones to make a recommendation to the City Council to proceed with the expenditure of these funds for the purchase of library materials, materials processing supplies and library programs, in an amount not to exceed, $135,000.00, for the FY2010 budget. Motion approved unanimously. It was noted that this recommendation would be included as an agenda item at the October 20, 2009, City Council Meeting. VIII. COLLEYVILLE PUBLIC LIBRARY SPATIAL REORGANIZATION PLAN UPDATE Director Rodne provided an update on Spatial Reorganization Plan activities. It was reported that staff had made presentations on the Library Spatial Reorganization Plan to the Colleyville Economic Development Corporation (CEDC) Board during their meetings on August 11, 2009 and August 25, 2009 and that funding for the project in the amount of $575,000 had been included the Colleyville Economic Development Corporation (CEDC) annual operating budget. Rodne added that this funding source for the project had been approved by City Council at the September 15, 2009, Council meeting. Additionally, it was noted that the Library had started to work with Bill Hidell of Hidell and Associates Architects. Rodne noted that this firm was currently working on several area city library projects that included Bedford, Hurst, Irving and Dallas, and that she had travelled to New Mexico to tour several libraries that were recent projects completed by this architectural firm. IX. COLLEYVILLE PUBLIC LIBRARY ACCESSIBILITY PILOT PROJECT Director Rodne provided an update on the "Expanding Accessibility" pilot project for libraries in North Texas. Rodne added that the project libraries had been allowed to request up to $5000 in accessibility enhancement tools, and noted that the Colleyville Public Library had received their items which included four large type keyboards; nine widescreen panel monitors, ZoomText software and two handheld color electronic magnifiers. Also, it was noted that the Colleyville Library would be partnering with the Colleyville Lions Club to sponsor a Visual Accessibility Fair in March 2010. Rodne added that funding up to $1,000 was being provided to promote the Fair. X. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT Mary Alice Rippe reported for President Kay Newton that the Friends had started to work with a company called Texas Book Consignments to sell donated books online and highlighted the services provided by the company. Rippe also noted that the Friends were planning to hold an annual book sale in the spring and the Scholastic Book Fair once again during the 2010 Summer Reading Program. XI. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT Pat Jones reported for President Cecilia Monacelli that the Foundation Board had held a meeting in September and that the Board continued to work on their 2009 annual fundraisers. Jones noted that their primary fundraiser, the Race to Read, was scheduled to be held on November 7, 2009, and that plans for the event were well underway. Jones also reported that the Library Foundation would be providing $175,000 for the Library's Spatial Reorganization Project. XII. NEXT MEETING DATE Chair Jerome Davis announced that the next Library Board Meeting would be held on November 9, 2009 at 7:00 p.m. in the Library if agenda items needed to be considered. XIII. SUGGESTED ITEMS FOR FUTURE MEETINGS None XIV. CITIZEN COMMENTS None XV. ADJOURN: A motion was made by Pat Jones and seconded by Nancy Bowen to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 8:25 p.m. G~tY of ~ Il~ Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, November 2, 2009 6:00 p.m. Steve Dalri called the meeting to order at 6:13 p.m, on Monday, November 2, 2009, at the Parks and Recreation Office. ROLL CALL: Steve Dalri, Rick Paddock, Debby Abitz, Suzanne Hughes, Ken Llewellyn, and Nancy Coplen, GCISD Liaison ABSENT: Deena Dendy and Brian Estridge STAFF: Monica Walsh, Director of Parks and Recreation, Sissy White, Recreation Supervisor, Amy Wilson, Recreation Specialist, Renee Garrett, Senior Center Supervisor, Chuck Majors, Parks Superintendent, Kelly Cooper, Assistant City Manager and Carol Wollin, Colleyville City Council Call to Order 2. Approval of September 14, 2009 Parks and Recreation Advisory Board Minutes Vince Rosen moved to approve the September 14, 2009 Parks and Recreation Advisory Board minutes. Suzanne Hughes seconded the motion. The vote was unanimous. 3. Discussion and Consideration of approval of the submittal of the Texas Transportation Enhancement Grant for Little Bear Creek Trail Extension and Cottonbelt Trail III Debby Abitiz made a motion to approve the submittal of the Texas Transportation Enhancement Grant for Little Bear Creek Trail Extension and Cottonbelt Trail III. Vince Rosen seconded the motion. The vote was unanimous. 4. Halff Associates Open Space Master Plan Presentation Halff Associates gave a presentation on the Parks, Recreation and Open Space Master Plan and gathered input from the Parks and Recreation Advisory Board. Parks and Recreation Advisory Board November 2, 2009 Page 2 of 2 5. Recreation, Athletics, Tennis and Seniors' Reports Sissy White, Recreation Supervisor, presented a report on the ongoing programs. 6. Park Operations and Capital Improvement Status Reports Monica Walsh, Parks and Recreation Director, presented a status report on current projects. 7. Citizen Comments/Presentations Regarding Items not on the Agenda None 8. Adjournment Ken Llewellyn moved to adjourn at 7:03 p.m. Rick Paddock seconded the motion. The vote was unanimous. Respectfully submitted and approved: ~~ ~. ~~~ Wanda Drexel, Administrative Assistant ,~. City of Colleyville Minutes -Final ,<,,.w Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, December 14, 2009 5:30 PM City Council Chambers 5:30 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE City Attorney Michael Kallas explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:47 p.m. and reconvened at 6:56 p.m. REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on December 14, 2009 at 7:18 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Rob McKeown, Jeremy Hutt, Marty Wieder and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Byerly. 4. 5. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Phelps moved to approve the November 23, 2009 meeting minutes as written. Commissioner Rotthaus seconded. City of Colleyville Page 1 Printed on 1/12/2010 Planning and Zoning Commission Minutes -Final December 14, 2009 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a 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 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding the number of parking spaces. Are there 93 parking spaces with eight of them being truck storage? Ron Ruthven replied correct. Mr. Santos Martinez, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Martinez if they would be willing to plant more trees to enhance the buffering along the southern boundary? Mr. Martinez replied yes, along the southern boundary, next to the current residential. He stated for the buffering along SH26, they meet the Land Development Code requirements. Commissioner Dudziak questioned Mr. Martinez regarding what type of language would he like to see for this request regarding landscaping? Mr. Martinez stated simple language could be a minimum of large canopy trees, planted on 20 foot centers be installed on the southern property line. He stated if the Commission wanted to enhance the existing buffer with the existing self storage, similar language could be used to be more favorable and easy to implement on this portion of the property. Commissioner Dudziak questioned Mr. Martinez if (5) five to (6) six caliper inch trees would be an issue? Mr. Martinez replied that would not be an issue for the southern property line. Commissioner Redfearn questioned Mr. Martinez if he is familiar with the requirements in the ordinance regarding the mutual access easement on the southern side of this property? Mr. Martinez replied yes and he stated they will have to plat the property. City of Colleyville Page 2 Printed on 1/12/2010 Planning and Zoning Commission Minutes -Final December 14, 2009 Commissioner Byerly questioned Mr. Martinez regarding what type of screening opportunities would be available for the Phase II building? Mr. Martinez replied because of the fire lane there is only (5) five feet of green buffer, therefore it is tight. He stated an (8) eight foot solid screening fence is an option. He stated to plant large canopy trees would be tough. He stated there is just not as many opportunities here as there are on the southern portion of the property. Commissioner Clardy questioned Mr. Martinez what is the plan for the rental trucks. Are they going to be small or standard size? Mr. Martinez replied they are standard lengths; the spaces would not be longer than 20 feet. Commissioner Clardy stated having concerns for the trucks being parked near the propane tanks. He stated it seems that one could back into those tanks. Mr. Martinez replied they will have safety measures in place so that no one could back into them. He stated there will be ballards in front of those tanks which is a requirement by State regulations. Discussion occurred between Commissioner Phelps and Mr. Martinez regarding mutual access and parking. Commissioner Phelps stated what is the plan with regards to both? Mr. Martinez replied they will comply with the ordinance. He stated the property owner wishes to satisfy this ordinance so that they may move forward with their request so that they may develop this property. Commissioner Phelps questioned Mr. Martinez regarding if he understands that the ordinance trumps the diagrams? Mr. Martinez replied yes. Commissioner Knox moved to remove this item from the table. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly Commissioner Dudziak questioned Fire Marshal Rob McKeown if he was comfortable with the placement of the propane tanks? Rob McKeown replied yes and stated the developers will comply with state regulations regarding the placement of the ballards. He stated they are allowed to have a 2,000 gallon tank within 10 feet of the property line or another building. Commissioner Dudziak questioned Mr. Martinez regarding what is the size of the propane tank planned? Mr. Martinez stated they will have to have a smaller tank to comply with the 10 foot setback regulation. He City of Colleyville Page 3 Printed on 1/12/2010 Planning and Zoning Commission Minutes -Final December 14, 2009 stated they would comply with the fire code regarding the size of the tank. Commissioner Phelps questioned staff regarding if there have been any correspondence received since the notification of this case? Ron Ruthven replied staff has received no correspondence. Commissioner Dudziak moved to approve case ZC09-010 with the following amendments: 1. Along the southern boundary, to 20 foot, on center, large canopy trees with a minimum of (5) five to (6) six inch caliper; 2. Add enough parking spaces to meet 101 in number. Commissioner Knox seconded with a friendly amendment for the height of the propane tank to not exceed 10 feet. Mr. Martinez replied not agreeing with the 10 foot height requirement. He stated they would rather have a minimum of 15 feet in height for the propane tank. Commissioner Dudziak did not accept the amendment but did agree with Mr. Martinez that a minimum of 15 feet would be sufficient. Commissioner Byerly stated he would like an amendment to delete the section of the ordinance stating the trucks have to be parked behind the building. He stated the trucks will be screened with the landscaping. Commissioner Clardy questioned Mr. Martinez if those front (4) four spaces could slide back along the northern boundary to give even more screening. He stated this would give an 80 foot setback. Commissioner Dudziak accepted the amendment. Commissioner Byerly restated the motion: 1. To plant along the southern boundary, 20 foot on center, (5) five to (6) six inches in caliper, large canopy trees; 2. Add enough parking spaces to meet the 101 in number; 3. The propane tank not to exceed 15 feet in height; 4. To have an 80 foot setback from SH26 for the parking of the display of trucks. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 7b 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. City of Colleyville Page 4 Printed on 1/12/2010 Planning and Zoning Commission Minutes -Final December 14, 2009 8. ADJOURNMENT The meeting adjourned at 7:55 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, December 11, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on January 11, 2010. City of Colleyville Page 5 Printed on 1/12/2010 RESOLUTION R-10-3193 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JANUARY 19, 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