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HomeMy WebLinkAboutCity Council-Agenda Packets-5/4/2010,,,~ ,,, '. ,.:> ~,.,., City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, May 4, 2010 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Fiscal Year (FY 2010) Sidewalk Improvements PC-2 Presentation of bimonthly Economic Development Project Report PC-3 Discussion of the May 20, 2010 City Council Budget Worksession PC-4 Discussion of the May 4, 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. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Craig Etheridge, First Baptist Church City of Colleyville Page 1 Printed on 4/29/2010 City Council Agenda May 4, 2010 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-10-3224 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Public Service Recognition Week, May 3-9, 2010 -Mayor David Kelly and City Manager Jennifer Fadden 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3225 4a Approval of the minutes of the regular City Council meeting of April 20, 2010 4b Approval of the minutes of the City Council worksession of April 14, 2010 4c Approval of a construction contract with CPS Civil LLC, for the Glade Road and Pool Road intersection improvements, in an amount not to exceed $865,408.50, and authorize the City Manager to execute the contract 4d Approval of a contract for architectural design services with Hidell and Associates Architects for the Colleyville Public Library Second Floor Expansion Project, in an amount not to exceed $64,000, with an estimated reimbursable expense allowance not to exceed $2,000, for a total of $66,000 and authorize the City Manager to execute the contract 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1749 Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements of the Heritage Oaks Addition located in the 5000-5200 Block of Heritage Avenue, Case ZC 10-005 5b 0-10-1750 Approval of amendments to Chapters 1, 2 and 3 -Land Development Code regarding alcohol regulations, Case GC10-002 City of Colleyville Page 2 Printed on 4/29/2010 City Council Agenda May 4, 2010 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-10-3226 Consideration of appointment to the Tax Increment Financing (TIF) District Board of Directors 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Planning and Zoning Commission Minutes -April 12, 2010 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 4, 2010 - Reading and Public Hearing -Resolution R-10-3227 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 30, 20 , by 5:0 Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 3 Printed on M29/2010 ~~='~, City Hall ~ City of Colleyville 100 Main Street ~y Colleyville, Texas 76034 r.,.,~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 05/04/2010 Status: Pre Council Controlling Body: City Council Requester: Engineering Agenda No.: PC-1 Final Action: Department File Name: Discussion of the Fiscal Year (FY 2010) Sidewalk Improvements Attachments: Colleyville Trails and Sidewalks Committee Recommendation Letter, Dated March 18, 2010 FY 2010 Trails and Sidewalk Committee Project Recommendations.pdf History of Legislative File Version: Date: Acting Body: Action Text: 05/04/2010 City Council Title Discussion of the Fiscal Year (FY 2010) Sidewalk Improvements Explanation A five year Sidewalk Capital Improvement Plan was developed as part of the Colleyville Pathways Plan that was adopted in September 2005. The current plan provides an annual schedule for sidewalk design and construction. However, previous new development activity in the community resulted in the need for the Colleyville Trails and Sidewalks Committee (Committee) to request City Council approval of modifications to the original plan in each of the last three fiscal years. Subsequently, the Committee determined that sidewalk priorities throughout the City should be re-evaluated and the results of this study used to develop a revised five year Sidewalk Capital Improvement Plan. A proposed new plan was presented to City Council in March 2010, which included recommended sidewalk improvements on thoroughfares and collector streets. However, City Council directed staff to advise the Committee that alternative sidewalk improvements in several of the neighborhood areas should be evaluated for inclusion in the plan. Funding for annual sidewalk construction was previously included in the annual General Fund budget. However, sidewalk improvements listed in the current fiscal year of the new plan are scheduled to be funded from an available sidewalk escrow account. This account was approved by City Council in 2009 and it provides for previously escrowed funds to be used for sidewalk construction specifically within designated neighborhood areas from which the funds were originally collected. The distribution of available escrowed funds and associated map of neighborhood areas are included in this briefing. The Committee met in mid-March 2010 to incorporate the comments expressed by City Council and to identify alternative sidewalk improvements. However, the Committee could not reach a consensus for a revised plan and determined they should continue discussion City of Colleyville Page 1 Printed on 4/29/2010 Agenda Briefing Continued at their next scheduled meeting in June 2010. The Committee also prepared an interim recommendation for City Council consideration, which recommends that staff design and construct the following sidewalk sections in FY 2010: Sidewalk Section Cost Neighborhood Glade Road (1001 and 1009 Glade Road) $18,500 2 Tinker Road (Emerald Drive to Pleasant Run Road) $23,000 5 Total Cost (FY 2010) $41,500 These two proposed sidewalk sections were originally included on the Committee's list of desired improvements in the draft five year Sidewalk CIP previously reviewed by City Council. The Committee felt both sidewalks should be constructed as a high priority in terms of pedestrian needs. The proposed sidewalk on Glade Road would be located adjacent to the existing retaining wall on the south side of the street. The Tinker Road sidewalk would be constructed around an existing bar ditch and away from the existing edge of pavement. The Committee intends to complete a revised five year plan for City Council review later this year. However, they do not want to inhibit the ability of staff to perform certain sidewalk improvements in FY 2010 and request that these two sidewalk sections be designed and constructed at this time. Staff requests City Council consideration of the Committee request. City of Colleyville Page 2 Printed on 4/29/2010 March 18, 2010 Re: Five Year Capital Improvement Plan Dear Ms. Jennifer Fadden; This letter is to inform you of the recommendations by the Trails and Sidewalk Committee concerning the Five Year Capital Improvement Plan. We respectfully recommend that the 2010 projects on Glade Road between, 1001 and 1009 Glade, and the Tinker Road construction continue as planned. We wish to study the rest of the 5 year plan further. We need to do further research and will advise the City Council of our recommendations after our next meeting in June. Sincerely, Odilon P. 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Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Economic Development Department File Type: Pre Council Agenda Date: 05/04/2010 Agenda No.: PC-2 Status: Pre Council Controlling Body: City Council Final Action: File Name: Presentation of the bimonthly Economic Development Report Attachments: Colleyville Economic Development Project Report -May 2010.pdf History of Legislative File Version: Date: Acting Body: Action Text: 05/04/2010 City Council Title Presentation of bimonthly Economic Development Project Report Explanation The Colleyville Economic Development Department has prepared a project report detailing work performed by the City to assist broker expansion, relocation, development and redevelopment projects. Staff will present the first of what is intended to be bimonthly briefings on these economic development activities. 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O n o ou o m ~ ~o OJ "O O ~ N f0 A W a ~ a ~ x~ ~~ J m au 0 z 0 o "a ~ m w ~ o y G y O G ~ 7 d ~ ~ X X ` N ~ X N N X n Gt y ~ y `yG = d O O y fD p N y J ~~~ ~ City of Colleyville 100 Main Street ~'i Colleyville, Texas 76034 ~~~~ Agenda Briefing 817.503.1000 vaww.col leyvil le. com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/04/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-3 Final Action: Manager File Name: Discussion of the May 20, 2010 City Council Budget Worksession Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/04/2010 City Council Title Discussion of the May 20, 2010 City Council Budget Worksession Explanation A City Council Budget Worksession is scheduled for May 20, 2010. Staff is anticipating additional time will be required to present the items currently planned for the agenda. This item provides an opportunity for staff to receive City Council direction on scheduling a continuation of the Worksession on May 21, 2010. City of Colleyville Page 1 Printed on 4/29/2010 r'~~' City Hall ('~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 vvww. co 1 1 eyv i l l e. co m File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/04/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Secretary File Name: Discussion of the May 4, 2010, City Council meeting regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/04/2010 City Council Title Discussion of the May 4, 2010, City Council meeting regular agenda items City of Colleyville Page 1 Printed on 4/29/2010 ,~-`~=''. City Hall f~ ~ City of Colleyville 100 Main Street ~~e3 Colleyville, Texas 76034 ~~~~~, Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 05/04/2010 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -May 4, 2010 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 05/04/2010 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. 551.087 -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 4/28/2010 RESOLUTION R-10-3224 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MAY 4, 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 %`~ 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: 05/04/2010 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -May 4, 2010 Attachments: Proclamation in recognition of Public Service Recognition Week, May 3-9, 2010.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/04/2010 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Public Service Recognition Week, May 3-9, 2010 - Mayor David Kelly and City Manager Jennifer Fadden City of Colleyville Page 1 Printed on 4/29/2010 rocY~rn~tio~ Colleyville, Texas WHEREAS: Americans are served everyday by public servants at federal, state, county and city levels; and WHEREAS, Colleyville public servants work with integrity and efficiency everyday to provide our citizens with a diverse range of services; and WHEREAS, many public servants including military personnel, police officers, fire fighters, health care professionals and others risk their lives each day in service to the people of the United States; and WHEREAS, public servants include our maintenance, utility, street, administrative, financial, customer service, courts, permits, inspections, and library professionals, as well as police officers, fire fighters, management and elected officials; and WHEREAS, our quality of life is enhanced by the dedication of public servants; and WHEREAS, without our public servants at every level, our continuity would be impossible in a democracy that regularly changes leaders and elected officials. NOW, THEREFORE, 1 DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, do hereby proclaim the week of May 3 - 9, 2010, as: PUBLIC SERVICE RECOGNITION WEEK in the City of Colleyville, and call upon all citizens to recognize the contributions and accomplishments of our employees, our public servants, who every day enhance our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, _ _ affixed this 4th day of May 2010. Mayor cu ~ or TY~x.~s RESOLUTION R-10-3225 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MAY 4, 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 April 20, 2010 b. Approval of the minutes of the City Council worksession of April 14, 2010 c. Approval of a construction contract with CPS Civil LLC, for the Glade Road and Pool Road intersection improvements, in an amount not to exceed $865,408.50, and authorize the City Manager to execute the contract d. Approval of a contract for architectural design services with Hidel and Associates Architects for the Colleyville Public Library Second Floor Expansion Project, in an amount not to exceed $64,000, with an estimated reimbursable expense allowance not to exceed $2,000, for a total of $66,000, and authorize the City Manager to execute the contract AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor "~`~~ City of Colleyville ~ ` ~ `~ City Council Minutes -Draft ,, City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, April 20, 2010 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 20, 2010, at 5:32 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Finance Manager Karen Hines, Economic Development Director Marty Wieder, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, GIS Coordinator Sunny Lindsey, Marketing Coordinator Ashley Stathatos, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:59 p.m. PC-1 Discussion and presentation on Crime Reports and Nixle, web-based crime mapping technology Police Chief Steve Dye presented an overview of Crime Reports, a service that offers crime-mapping technology and allows citizens to view crime and police activity in their neighborhoods through interactive maps, and assists the Police Department with the delivery of real-time crime analysis data. Chief Dye also provided information regarding Nixle, a proprietary community information system, which enables the Police Department to disseminate geographically relevant information such as crime activity or major incidents to suscribers, and answered questions of the City Council. Discussion ensued regarding regulations related to solicitors. GIS Coordinator Sunny Lindsey provided instructions on the use of the Crime Reports crime mapping technology. _.. City of Colleyville Page 1 Printed on 4/29/2010 City Council City Council Minutes -Draft April 20, 2010 PC-2 PC-3 PC-4 Discussion regarding speed limits on major thoroughfares in Colleyville Police Chief Dye provided the goal and purpose for the establishment of speed limits, stated the Transportation Code allows municipalities by ordinance, and if certain requirements are met, to offer prima facie speed limits and reviewed current speed limits in the City. Discussion ensued regarding enforcement of the speed limit and impact of increasing the speed limit. City Council requested that the Traffic Safety Advisory Committee study and make a recommendation regarding the speed limits on major thoroughfares in the City. Discussion of the Hall-Johnson water tower graphics Public Works Director Steve Chutchian reviewed the current plans for the water tower graphic, which includes the Colleyville Heritage High School panther mascot, the stripes around the top and bottom of the tank and increasing the height of the Colleyville letters. In response to a request by City Council to study the possibility of placing a Grapevine High School mustang on the tower, Mr. Chutchian reported the City of Grapevine and the Grapevine-Colleyville Independent School District (GCISD) have no objections to the addition of the mustang on the tower and the mustang can be added at no additional cost. Discussion ensued regarding various graphic designs and it was determined the water tower graphics include "Colleyville" in larger letters, the stripes around the top and bottom of the tank and maintain the blue color. Presentation and discussion of the Keep It Colleyville live local campaign Economic Development Director Marty Wieder provided information regarding Keep It Colleyville, a new buy local program designed to encourage residents to shop and dine in Colleyville. Marketing Coordinator Ashley Stathatos reviewed the goals, benefits and structure of the Keep It Colleyville program and answered questions of the City Council: Discussion ensued regarding the timeline for implementation of the program, duration of the program, criteria for launching marketing City of Colleyville Page 2 Printed on 4/29/2010 City Council City Council Minutes -Draft April 20, 2010 PC-5 PC-6 PC-7 campaigns and programs and current successful programs that promote new and existing business growth. Economic Development Director Marty Wieder provided statistics regarding the potential economic impact of the campaign for businesses and sales tax revenues. Ms. Stathatos provided information regarding plans for promoting Colleyville's shopping, dining and entertainment venues and stated Keep It Colleyville is a multi-year program. Discussion continued regarding the ability to track participation in the programs and the benefits of a steering committee. City Manager Jennifer Fadden stated the Keep It Colleyville program will be introduced at the Business Appreciation event, Thursday, April 29, 2010, and spoke regarding the budget for the Keep It Colleyville initiatives. City Council requested information regarding the cost of the Keep It Colleyville program. Presentation and discussion of the Fiscal Year 2010 (FY 2010) Work Plan Assistant City Manager and Chief Financial Officer Terry Leake provided an update of the Fiscal Year 2010 Work Plan and answered questions of the City Council. Presentation of the Monthly Financial Report -March 2010 Finance Manager Karen Hines presented the March 2010 Monthly Financial Report and answered questions of the City Council. Discussion of the April 20, 2010, City Council meeting regular agenda items There was no discussion regarding this item. Mayor Kelly adjourned the Pre Council meeting at 7:06 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on April 20, 2010, at 7:07 p.m. City of Colleyville Page 3 Printed on 4/29/2010 City Council City Council Minutes -Draft April 20, 2010 ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Police Lieutenant Rodney Cunningham, Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Finance Manager Karen Hines, Economic Development Director Marty Wieder, Colleyville Center Manager Lin Przybyl, Communications and Marketing Director Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with attorney on legal issues raised by public hearing or action items on the agenda Sec. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:07 p.m. and reconvened at 7:43 p.m. INVOCATION: Pastor Mark Wood, Crown of Life Lutheran Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 4 Printed on 4/29/2010 City Council City Council Minutes -Draft April 20, 2010 2 3. Councilmember Wollin stated the City is updating the Parks Master Plan to determine future parks, open space and park development priorities and invited citizens to attend a Public Meeting to be held Thursday, April 22, 2010, at the Colleyville Senior Center at 6:30 p.m. Councilmember Wollin invited citizens to meet Mark Fadden, author of The Brink, at the Friends of the Colleyville Public Library author series, Thursday April 22, 2010, at 6:30 p.m. at the library. Councilmember Wollin announced the Friends of the Colleyville Public Library annual Bargain Book Sale will be held Saturday, May 1, 2010, 10:00 a.m. to 3:00 on the second floor of the library. Mayor Kelly expressed appreciation to citizens and staff for participating in the spring clean-up event on Saturday and for properly disposing of hazardous materials. Mayor Kelly presented a Proclamation, in recognition of the Colleyville Garden Club's 17th Annual Garden Promenade, to Carol Wollin, Colleyville Garden Club President; Suzanne Hughes, Vice-President Fundraising; Susan Taylor, Vice-President Programs, and Diane Connor, Excursions Chairman. Ms. Wollin expressed appreciation to the City for the Proclamation and sponsorship of the event and to Communications and Marketing Director Mona Gandy for promotion of the event. Ms. Suzannne Hughes, Vice-President Fundraising, invited the public to the Colleyville Garden Promenade Tour, which will include a raffle, plant and tree sale and an educational exhibit, Sunday, May 2, 2010, 11:00 a.m. to 4:00 p.m. Tickets are $12.00 in advance at Market Street and Foreman's and $15.00 the day of the tour. Mayor Kelly presented a Proclamation in recognition of National Public Safety Telecommunicator's week to Police Chief Steve Dye, Lieutenant Rodney Cunningham, Dispatchers Danny Coulson, Tiana McBurney, Penny Burt and Dispatcher Supervisor Jennifer LeBow. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-10-3219 This resolution was not needed. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS City of Colleyville Page 5 Printed on 5/4/2010 City Council City Council Minutes -Draft April 20, 2010 Chief Dye expressed appreciation for the recognition and commended the dispatchers for an excellent job in supporting the Police and Fire Department operations. Dispatcher Supervisor Jennifer LeBow praised the dispatchers for their professionalism and service to the City. Mayor Kelly and Library Director Mary Rodne accepted a donation of $250 from Kari Banta, Megan Fitzgerald, Chloe Holt, Kylee Kittrell and Lorraine McChesney, on behalf of Girl Scout Troop 1416, for a proposed teen area in the Colleyville Public Library. Library Director Mary Rodne commended the Girl Scout Troop for their hard work and donation to the library. Mayor Kelly and Library Director Mary Rodne accepted a donation of $412.13, for a proposed library teen area, from the Colleyville Middle School Destination ImagiNation team members, Sara Porcheddu, Allison Staley, Bianca Hill, Erick Ditmars, Sam Teklitz, Matthew Ferrer and Gus Williams. Mayor Kelly expressed appreciation for the donation and provided information regarding the activities of Destination ImagiNation, Inc., and the fundraising efforts. Library Director -Mary Rodne praised the team for enthusiasm, creativity and determination and expressed appreciation for the donation. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-10-3220 4a Approval of the minutes of the regular City Council meeting of April 6, 2010 4b Approval of a donation of $5,780 from the Colleyville Baseball Association 4c Approval of an amendment to the Agreement for Professional Services and Employment of the City Manager 4d Approval of an amendment to the agreement with Gateway Planning Group, for the preparation of an application for Texas Department of Transportation (TxDOT) Pass-Through Financing for constuction of SH26 from Hall-Johnson Road to Cheek Sparger Road, in an amount not to exceed $5,000, and authorize the City Manager to execute the agreement City of Colleyville Page 6 Printed on 4/29/2010 City Council City Council Minutes -Draft April 20, 2010 Mayor Kelly read Resolution R-10-3220 in its entirety. City Manager Jennifer Fadden provided information regarding the proposed amendment to the Gateway Planning Group Agreement to increase the scope of work to include the preparation of a Texas Department of Public Transportation (TxDOT) Pass-Through Financing application for the reconstruction of SH26 from Hall-Johnson to Cheek Sparger Road. Ms. Fadden further stated this portion of SH26 is not currently funded with TxDOT funds and the estimated construction amount for this portion of SH26 is approximately $25 million. Debt service on these improvements could be funded through the existing Tax Increment Financing Reinvestment Zone 1 or as it is also known, the Colleyville TIF. The City would initially provide the funds and, subsequently, be reimbursed by TxDOT over a period of time. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the purpose of the proposed amendment to the contract with Gateway Planning Group and the scope of work, which identifies possible alternative funding of the SH26 reconstruction project from Hall-Johnson Road to Cheek Sparger Road and that filing the application does not commit the City to any expenditures. Mayor Kelly reopened the public hearing to allow citizens to speak. Mr. George Dodson, 7309 Balmoral, spoke regarding the TxDOT Pass-Through Financing application process, concerns related to the City's budget, tax rate, North Central Texas Council of Governments (NCTCOG) and rail transportation. City Manager Jennifer Fadden stated the application requires schematic drawings of the roadway and cost estimates of the project and City staff does not have the expertise to develop the drawings or calculate the cost. The City does not employ staff with this ability due to the infrequent need for these skills. Mayor Kelly moved to approve Resolution R-10-3220. 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 City of Colleyville Page 7 Printed on 4/29/2010 City Council City Council Minutes -Draft April 20, 2010 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-10-1746 Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC10-002 Mayor Kelly read the caption of Ordinance 0-10-1746. Mayor Kelly opened the public hearing There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-10-1746. Mayor Kelly seconded the motion. Councilmember Muhm confirmed the carport columns will be masonry and the driveway underneath the carport will be paved. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart Nay: 1 -Mike Taylor 5b 0-10-1747 Approval of a request for a Special Use Permit for a second hand goods shop located on Lot 3, Block 2 of the Fairway Addition located at 8300 Precinct Line Road, Suite 114, Case ZC10-004 Mayor Kelly read the caption of Ordinance 0-10-1747. Mayor Kelly opened the public hearing There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-10-1747. 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 City of Colleyville Page 8 Printed on 4/29/2010 City Council City Council Minutes -Draft April 20, 2010 5c 0-10-1748 Approval of an Ordinance continuing curfew hours for minors Mayor Kelly read the caption of Ordinance 0-10-1748. Mayor Kelly opened the public hearing There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-10-1748. Councilmember Hart seconded the motion. Mayor Kelly confirmed this is simply a renewal of the existing ordinance. 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): FIRST READING AND PUBLIC HEARING 6a 0-10-1749 Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements of the Heritage Oaks Addition located in the 5000-5200 Block of Heritage Avenue, Case ZC10-005 Mayor Kelly read the caption of Ordinance 0-10-1749. Community Development Director Ron Ruthven stated the developer is requesting a reduction of townhomes lots from 103 to 100, subsequently the density will decrease from 4.6 dwelling units per acres to 4.4 and all streets within the development are private and maintained by the Homeowners Association. Mayor Kelly opened the public hearing Mr. Curtis Young, 8003 Jefferson, representing the applicant, provided information regarding current housing trends, market for single familly detached lots and the request for amending the Planned Unit Development Residential zoning. There were no others present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 9 Printed on 4/29/2010 City Council City Council Minutes -Draft April 20, 2010 6b 0-10-1750 Approval of amendments to Chapters 1, 2 and 3 - Land Development Code regarding alcohol regulations, Case GC10-002 Mayor Kelly read the caption of Ordinance 0-10-1750. Community Development Director Ron Ruthven stated in anticipation of a local option election, staff reviewed the City's alcohol regulations and, on the advice of the City Attorney, proposed amendments to the Land Development Code regarding alcohol regulations, which would allow the City to regulate package liquor stores consistent with the City's current alcoholic beverage regulations. Mr. Ruthven further stated the amendments would also allow the community to regulate the location, as well as the development standards of any proposed package store, the Planning and Zoning Commission recommended approval and staff recommends approval. Mayor Kelly opened the public hearing There was no one present wishing to speak and Mayor Kelly closed the public hearing. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-10-3221 Approval to enter into an agreement to support the Northeast Tarrant/Denton County Child Abduction Response Team (CART), in an amount not to exceed $1,000, and authorizing the police chief to sign the agreement Mayor Kelly read Resolution R-10-3221 in its entirety. Police Chief Dye provided information regarding the establishment of the County Child Abduction Response Team (CART) and stated the primary goal and purpose of CART is to provide specialized trained investigators to focus resources and investigative efforts after the confirmed incident of an abducted child or children. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly spoke regarding the certification process and specialized training for officers serving in the CART program. City of Colleyville Page 10 Printed on 4/29/2010 City Council City Council Minutes -Draft April 20, 2010 Police Chief Dye stated Detective David Martz serves as the City's investigator dedicated to the program and responds to a call for assistance for an incident of child abduction. Mayor Kelly moved to approve Resolution R-10-3221. 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 7b R-10-3222 Approval of a request for a temporary use permit for Kona Ice to locate in the Tara Village Shopping Center located in the 1000 block of Cheek-Sparger Road, Case GC10-004 Mayor Kelly read Resolution R-10-3222 in its entirety. Community Development Director Ron Ruthven stated the applicant is requesting a temporary use permit to place a Kona Ice vehicle, for the purpose of selling snow cones, at the Tara Village Shopping Center, April through September 2010, 11:30 a.m. to 10:00 p.m. Mr. Ruthven further stated the applicant would like to hold fundraising events for local schools and organizations and proposed to erect a tent structure during these events and staff recommends approval. Mayor Kelly opened the public hearing. Mr. Jeff Waddell, 4013 Spring Hollow Street, applicant, provided information regarding the Kona Ice franchise, location of a Kona Ice vehicle, fundraising efforts and agreement with the proprietor to place the Kona Ice vehicle at the Tara Village retail center and answered questions of the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-10-3222. Councilmember Muhm seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 11 Printed on 4/29/2010 City Council City Council Minutes -Draft April 20, 2010 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Senior Center Advisory Committee Minutes -November 19, 2009 Senior Center Advisory Committee Minutes -January 21, 2010 Parks and Recreation Advisory Committee Minutes -March 1, 2010 Planning and Zoning Commission Minutes -March 22, 2010 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OFAPRIL 20, 2010 - Reading and Public Hearing -Resolution R-10-3223 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Muhm moved to adjourn and 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 8:51 p.m. 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 12 Printed on 4/29/2010 "'=" Cit of Colle ville ~e~~ Y Y f City Council Minutes -Draft n,. City Council Worksession City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, April 14, 2010 6:30 PM Executive Conference Room 2. 2a Presentation and discussion of the Texas Department of Transportation (TxDOT) Pass-Through Financing Program City Manager Jennifer Fadden stated the reconstruction of SH26 has been a priority of the City for more than a decade, but the project has been reduced due to a lack of funding. She further stated, the 2010 Citizen Survey revealed that citizens ranked the SH26 project as the second most important issue facing Colleyvillle today behind economic development. Therefore, this item provides for discussion of a potential option to explore potential funding for the unfunded section of the SH26 roadway corridor. This potential funding is not intended to supercede or replace the funding that is already in place for reconstruction of the roadway from Brumlow Avenue through the Hall-Johnson Road intersection. This option would only be an alternative source for the roadway section south of Hall-Johnson Road through Cheek Sparger Road or some other southern terminus. I want to stress that this is a discussion of one option for SH26. The Colleyville City Council Worksession was called to order by Mayor Kelly on April 14, 2010, at 6:31 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Steve Dye, Fire Chief Russell Shelley, Street Superintendent Jimmy Brock, Community Development Director Ron Ruthven, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Economic Development Director Marty Wieder, Marketing Coordinator Ashley Stathatos, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Information Services Manager Chris Pena and City Secretary Cynthia Singleton were also present. PRESENTATION AND DISCUSSION City of Colleyville Page 1 Printed on 4/29/2010 City Council Worksession City Council Minutes -Draft April 14, 2010 City Manager Jennifer Fadden presented the Texas Department of Transportation Pass-Through Financing Program, which is a tool created to stretch the limited transportation funds dedicated to highways by allowing local entities to fund upfront costs for constructing a state highway project, and answered questions of the City Council. Discussion ensued regarding the current status of funding for the SH26 reconstruction project, structure of the TxDOT Pass-Through Financing Plan, the advantages and disadvantages of the Financing Plan, timeline, process and cost of the application process for the program and financing options for the project. 2b 2c Mr. Brian Schamberger of Kimley Horn & Associates provided information regarding the application process and cost. Assistant City Manager and Chief Financial Officer Terry Leake provided information regarding possible funding options through the Tax Increment Financing (TIF) District and the ability of the TIF partners to participate. Discussion ensued regarding the impact of the TxDOT Pass-Through Financing Plan on the Gateway Planning Group agreement and TxDOT's participation in the SH26 reconstruction project. City Council determined the City should submit a Pass-Through Financing application for the reconstruction of SH26 from Hall-Johnson to a southern terminus. City Manager Jennifer Fadden stated an item will be placed on the next City Council agenda to modify the agreement with Gateway Planning Group. Presentation of the General Fund Budget update for the second quarter of Fiscal Year 2010 Assistant City Manager and Chief Financial Officer Terry Leake presented the General Fund budget update for the second quarter of Fiscal Year 2010 and answered questions of the City Council. City Council requested staff provide the average monthly sales tax revenue needed to meet the projected Fiscal Year 2010 budget. Discussion and prioritization of City programs and services City Manager Jennifer Fadden stated the City Council adopts the annual budget, but more importantly, balances the City's needs with its ability to City of Colleyville Page 2 Printed on 4/29/2010 City Council Worksession City Council Minutes -Draft April 14, 2010 pay for those needs, and the willingness of the taxpayers to pay for those needs. Performance management is a City Council and staff priority and as the City transitions to a strategic management model the City Council adopted, an important element is performance based budgeting. The first step in transitioning to performance based budgeting is identifying program service levels and the cost of those programs and linking the performance indicators to those programs to determine the efficiencies and effectiveness of delivery. Staff has broken the budget out into program areas with the current fiscal year budget. All of the budget figures and staffing in the presentation is for the current year adopted budget and includes multiple funding sources including the General Fund, the Colleyville Economic Development Corporation and the Colleyville Crime Control and Prevention District. The key performance indicators provided in this presentation are only a sample of the measures that will be used to manage the City's performance going forward. All measures will be included in program business plans that will be submitted during the budget process. Ms. Fadden distributed a one page summary of the presentation slides and requested City Council rate each program or service, and return to staff by May 11, 2010. The information will be used in the prioritization process for the Fiscal Year 2011 budget. City Manager Fadden reviewed the programs and services and answered questions of the City Council. Police Chief Steve Dye spoke regarding security inspections and the value of the volunteer program in the collection of outstanding warrants. City Council requested the street grade classification report. Economic Development Director Marty Wieder spoke regarding a process for tracking business retention and the structure of the economic and community development services. City Council determined that economic and development services should be one program with the exception of the Colleyville Economic Development Marketing program. Discussion ensued regarding the prioritization of programs and services process and the results, the importance of economic development and potential budget shortfalls. Fire Chief Russell Shelley spoke regarding staffing levels at the fire stations. City of Colleyville Page 3 Printed on 4/29/2010 City Council Worksession City Council Minutes -Draft April 14, 2010 Library Director Mary Rodne provided information regarding services provided to residents and non-residents and criteria for state funding opportunities. Communications and Marketing Director Mona Gandy outlined the contracted services in the communications program. City Council determined the Human Resources programs and services should be condensed to one program. City Council requested an updated City Programs and Services presentation. Communications and Marketing Director Mona Gandy presented the economic impact versus business impact of festivals and special events and special event options for the City. Economic Development Director Marty Wieder spoke regarding the potential economic development impact of festivals and special events. City Council requested staff provide proposals and ideas for special events that would enhance economic development in the City. Discussion ensued regarding the role of the Celebrate Colleyville Steering Committee in the development of special events. 2d Discussion of City special events and sponsorship of special events Economic Development Director Marty Wieder provided information regarding plans for the Blue Shoe Blues Festival and stated coordinators of the festival are requesting the City provide additional funding for the event. City Council requested information regarding plans for, and cost of, the Blue Shoe Blues Festival. 3. ADJOURNMENT There being no further business before the City Council, Mayor Kelly adjourned the meeting at 10:00 p.m. City of Colleyville Page 4 Printed on 4/29/2010 City Council Worksession City Council Minutes -Draft April 14, 2010 Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 5 Printed on 4/29/2010 < ~ ~~ City Hall ~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 05/04/2010 Controlling Body: City Council Requester: Engineering Agenda No.: 4c Final Action: Department File Name: Approval of a construction contract with CPS Civil LLC, for the Glade Road and Pool Road Intersection Improvements, in an amount not to exceed $865,408.50, and authorize the City Manager to execute the contract Attachments: Glade Road and Pool Road Bid Tab History of Legislative File Version: Date: Acting Body: Action Text: 1 05/04/2010 City Council Title Approval of a construction contract with CPS Civil LLC, for the Glade Road and Pool Road intersection improvements, in an amount not to exceed $865,408.50, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The 10-Year Capital Improvement Plan (CIP) for streets and intersections was adopted by City Council in September 2008. This plan was the result of a joint effort by City Council, staff and citizens to enhance existing municipal infrastructure and address traffic congestion issues throughout the community. The Glade Road and Pool Road intersection improvements project is included in the list of proposed roadway improvements in the CIP. The intersection is scheduled to be constructed with a single lane roundabout with two free right turn lanes on the east side of intersection to improve traffic efficiency. Crosswalks will be installed on all four sides of the intersection and will be equipped with flashing lights to provide enhanced awareness of pedestrians by approaching vehicles and the school crossing guard will be protected with a concrete median safe zone in the crosswalk. Warning signs in the intersection will also have flashing lights installed. In addition, landscaping amenities, a street light and sidewalk and trail, are included in the project. Two public meetings were held during the design phase and staff received comments from interested citizens. Many of the design components in this project are the result of staff implementation of citizen comments received during the design phase of the project. Staff advertised this project in the Fort Worth Star Telegram on March 25 and April 1, 2010 and received three bids on April 20, 2010. The low bid was submitted by CPS Civil LLC, in the amount of $786,735.00. Staff recommends a 10% contingency of $78,673.50 be City of Colleyville Page 1 Printed on 4/29/2010 Agenda Brieting Continued included for a total amount of $865,408.50. The contractor's qualifications and references were previously verified by staff. The estimated cost of this project by the design engineer was $815,000. The low bid received indicates a savings of $28,265 compared to the project estimate. Financial Impact Funding is available from existing Service Area I Street and Utility Impact Fees in the amount of $795,408.50 and Tarrant County Bond Funds, in the amount of $70,000. Recommendation Approval City of Colleyville Page 2 Printed on 4/29/2010 Glade Road & Pool Road Intersection Improvements Bid Tabulations April 2010 Contractor/Bidder Total Project Cost 1 CPS Civil 786,735 2 McClendon Constr. 826,228 3 Ed A. Wilson 978,778 II ' ar/ ~ City Hall '`% ,~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~.X=~~ Agenda Briefing 817.503.1000 vrww. co l l e yv i l l e. co m File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 05/04/2010 Controlling Body: City Council Requester: Library Agenda No.: 4d Final Action: File Name: Approval of a contract for architectural design services with Hidell and Associates for the Colleyville Public Library Second Floor Expansion Project, in an amount of $64,000, with an estimated reimbursable expense allowance not to exceed $2,000 Attachments: Hidell and Associates Architects Standard Form of Agreement for Architectural Interior Design Services dated May 4, 2010 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/04/2010 City Council Title Approval of a contract for architectural design services with Hidell and Associates Architects for the Colleyville Public Library Second Floor Expansion Project, in an amount not to exceed $64,000, with an estimated reimbursable expense allowance not to exceed $2,000, for a total of $66,000 and authorize the City Manager to execute the contract Explanation Reading and Public Hearing At the April 6, 2010 Pre Council meeting, City Council approved the preliminary schematic design plan of the Colleyville Public Library Second Floor Expansion Project with costs estimated at $749,566, which included an architectural design plan estimated to cost $60,000. Several funding sources were identified to finance the total renovation project including: • Colleyville Economic Development Corporation Fiscal Year 2010 (FY 2010) Budget ($575,000) • Colleyville Public Library Foundation ($175,000) With City Council approval, Hidell and Associates Architects will develop the proposed architectural design plan to include the following: • Design and preparation of contract documents, which will include architectural, mechanical, plumbing, electrical, and structural services for the implementation of the proposed design. The design will include the selection and presentation of materials, finishes, and color paletts to the City for approval. City of Colleyville Page 1 Printed on 4/29/2010 Aaenda Briefina Continued • Construction administration services to include the construction and installation of the additional stairwell and all components relative to the construction of the interior finish-out of the second floor of the Library based on the approved floor plan presented to the Library Board and City Council. During the construction administration services, the architect will review all Requests for Information (RFI) submitted by the general contractor, issue any required Architectural Supplemental Information (ASI's), review all shop drawing submittals for all required products and equipment and pay applications. Furniture layout design and specification of additional furniture for the second floor finish out and various options of furniture to be reviewed and validated by staff prior to issuing the final furniture, furnishings and equipment (FF&E) package for bid. The architect will assist in review of bids, qualifying of bidders and verifying references of the proposed bidders. The architect will also coordinate the furniture relocation from the first floor to the second floor and the furniture relocation on the first floor. • Design of the teen area on the first floor including recommendations for furniture and multi-media equipment as directed by City Council on April 6, 2010. This was not included in the schematic design plan design, which increased the cost of design services by $4,000 from the estimate of $60,000. Coordination of the installation of 3M Library Materials Intelligent Return and Sorter System. The Architect will assist and prepare documentation as needed for the installation of the automated return system. Hidell and Associates Architects will present a final design plan for City Council review and approval in July 2010. A preliminary timeline for the project is as follows: • Schematic Design Phase -November 2009 -March 2010 • Review and approval of schematic design by City Council -April 2010 • Approval of architectural design services contract by City Council -May 4, 2010 • Design Development Phase -May -June 2010 • Final Design and Bid Documents submitted by Hidell and Associates Architects to City Council for approval -July 6, 2010 • Project Bid Phase -July 2010 • Award Contract -August 2010 • Project Mobilization Phase -August 2010 • Construction Phase -September -November 2010 • Completion of Project -November 2010 The City Attorney and City Engineering Department have reviewed the proposed contract. Also included in the contract is a reimbursable expense allowance for items such as printing of plans. If this expense item is not used by the architect, payment does not occur. Financial Impact Cost of the design plan is $64,000, with an estimated reimbursable expense allowance of $2,000 for a total of $66,000. It is proposed the architectural design services contract be City of Colleyville Page 2 Printed on 4/29/2010 Agenda Briefing Continued paid from the Colleyville Economic Development Corporation Fiscal Year 2010 (FY 2010) Budget ($575,000). Recommendation Approval City of Colleyville Page 3 Printed on 4/29/2010 ~ FM ®= Document ~~ 52 _ 2007 Standard Form of Agreemenf Between Owner and Architect for Architectural Inferior Design Services AGREEMENT made as of the 4 day of May in the year 2010 (In words, indicate day, month and year.) BETWEEN the Owner: (Name, address and other tnfornation) City of Colleyville 110 Main Street Colleyville Texas 76034 and the Architect: (Name, address and other information) Hidell and Associates Architects, General Corporation 3033 Kellvray Drive Suite 120 Carrollton, Texas 75006 Telephone Number: 9724164566 Fax Number: 9724150169 for the following-Project: (Name, location and detailed description) Colleyville Public Library 110 Main Street Colleyville Texas 76034 Phase 1 second floor and furniture design and documentation. The Owner and Architect agree as follows. Hidell and Associates Architects will design prepare contract documents and provide construction adtninistration services for the interior finish of the second floor of the Colleyville Public Library based on the approved floor plan presented to the Library Board and City Council. The architect will coordinate the furniture to be relocated to the second floor and design and specify additional fm•niture for the second floor. The work will include the ground floor teen area as a bid option, reorganization of ground floor furniture, and the book return room. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as welt as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Oacument 6152TM -2007 formerly 8171TMID - 2003). Copyright ~ 1977, 7991, 2003 and 2007 by The American Institute of Architects. All rights Init. reserved WARNING: This AIA- Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction or distribution of ihls AIA" pocumenr, or any portion of il, may result In severe civil and criminal penalties, and wllt be prosecuted to the maximum extent possible under the law. This document was produced by AIA software al i 1:40:40 on 04!27!2010 under Order No.1706659069_} which expires on 12!1/2010, and is no[ for resale. User Notes: (3965186797) TABLE OF ARTICLES 1 INITIAL INFORMATION 2 ARCHITECT'S RESPONSIBILITIES 3 SCOPE OF ARCHITECTURAL INTERIOR DESIGN SERVICES 4 ADDITIONAL SERVICES 5 OWNER'S RESPONSIBILITIES 6 COST OF THE WORK 7 COPYRIGHTS AND LICENSES 8 CLAIMS AND DISPUTES 9 TERMINATION OR SUSPENSION 10 MISCELLANEOUS PROVISIONS 11 COMPENSATION 12 SPECIAL TERMS AND .CONDITIONS 13 SCOPE OF THE AGREEMENT ARTICLE 1 INITIAL INFORMATION The Architect's performance of the services set forth in this document is based upon the following information. Material changes to this iitfoi7nation may entitle the Architect to Additional Services. (List below tnfonnateon that will affect the Architect's perfornance. including the Owner's Budget for 11:e Cost of the Work, and the. Owner's anticipated dates for commencement of corrstntction and Srabstantial Completion.) ARTICLE 2 ARCHITECT'S RESPONSIBILITIES § 21 The Architect shall provide the professional services as set fotth in this Agreement. § 2.2 The Architect shall perform its services consistent with the professional skill and care ordinarily provided by architects practicing in the same or similar locality under the same or similar circumstances- The Architect shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. § 2.3 The Architect shall identify a representative authorized to act on behalf of the Architect with respect to the Project. § 2.Q Except with the Owner's knowledge and consent, the Architect shall not (1} accept trade discounts; (2} have a significant financial. interest-, or (3) undertake any activity or employment or accept any contribution if it would reasonably appear that such activity, employment, interest or contribution could compromise the Architect's professional judgment. § 2.5 The Architect shall maintain the following insurance for the duration of this Agreement. If any of the requirements set forth below exceed the types and limits the Architect normally maintains, the Owner shall reimburse the Architect for any additional cost: {Identifi~ lt~pes and limits of instance rorerage, acrd other insurance requirements applicable to the Agreement, if mry. ) Init AIA Document 8152'"' -2007 ~armerly B171T°ID - 2003). Copyright ©1977, t991, 20D3 and 2DD7 try The American Institute of Architects. All rights reserved. WARNING: This AIA'- Document is protected by U.S. Copyright Law and lnternalionat Treaties Unauthorized reproduction or distribution of 2 this AIA° Document, or any pwlion of it, may resuH in severe civil and criminal penalties, and wlli be prosecuted to the maximum extent possible under the law. This document was prodUCed by AIA sotiware a[ 11:4D:46 on p4/2712D10 under Order No.17D6659069_1 which expires on t 211/2010, and is nor for resale. User Noles: (3965188197) .1 Genera[ Liability $1,000,000 .2 Automobile Liability $1,000,000 .3 Workers' Compensation $500,000. .4 Professional Liability $1,000,Og0 ARTICLE 3 SCOPE OF ARCHITECTURAL INTERIOR DESIGN SERVICES § 3.1 The Architect shall manage and administer the Architectural Interior Design Services. The Architect shall consult with the Owner, research applicable criteria, attend Project meetings, communicate with members of the Project team and issue progress reports. The Architect shall coordinate the services provided by the Architect and the Architect's consultants with those services provided by the Owner and the Owner's consultants. § 3.2 The Architect shall prepare, and periodically update, a schedule of Architectural Interior Design Services that identifies milestone dates for decisions required by the Owner, services famished by the Architect and completion of documentation to be provided by the Architect. The Architect shall coordinate the Architectural Interior Design Services schedule .with the'Owner's Project schedule. § 3.3 The Architect shall submit documents to the Owner at intervals appropriate to the process far purposes of evaluation and approval by the Owner. The Architect shall be entitled to rely upon approvals received from the Owner to complete the Architectural Interior Design Services. (Paragraphs deleted). , § 3.6 SCHEMATIC DESIGN PHASE SERVICES § 3.6.1 Based on the approved written program, the Architect shall prepare for the Owner's approval adjacency diagrams showing the general functional relationships for both personnel and operations- § 3.6.2 The Architect shall review with the Owner alternative designs and methods for procurement of the furniture, furnishings and equipment, and shall notify the Owner of anticipated impacts that such designs and methods may have on the Owner's program, financial and time requirements, and on the scope of the Project. § 3.6.3 Upon approval of the adjacency diagrams, the Architect shall prepare a space plan that delineates [he location of walls, doors, rooms, offices, workstation areas and special-use areas to conform to program requirements. The Architect shall submit the space plan for the Owner's review and approval. § 3.6.4 The Architect shall prepare the design concept for the Project, indicating the types and quality of finishes and materials and fumiture, furnishings and equipment. § 3.6.5 The Architect sha]I assist the Owner in the preparation of a preliminary Project schedule and when the Project requirements have been sufficiently identified, the Architect shall prepare a preliminary estimate of the Cost of the Work. § 3.7 DESIGN DEVELOPMENT PHASE SERVICES § 3.7.1 Based on the approved Schematic Design, the Architect shalt prepare and present, for approval by the Owner, Design Development Documents, which shall consist of drawings and other documents describing the size and character of the interior construction of the Project. Init. AIA Document B152TM -2007formerly 8171 TuID - 2003). Copyright m 1977, 1991, 2003 and 2007 by The American Institute of Architects. All rights reserved WARNING: This A[A'" Document is protected by U.S. Copyright t.aw and International Treaties. Unauthorized reproduction or distribution of this AIA'~ Document. ar any portion of Ii, may result in severe clvll and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA sofkvare at 11:40'48 on 04!27/2010 under Order Nu.1706659069_t which expires on 12![!2010, and is not for resale. User Notes: (3965188197 § 3.7.2 The Architect shall obtain product data and prepare illustrations for furniture, furnishings and equipment as maybe appropriate for the Project, including specially designed items or elements, to indicate finished appearance and functional operation. § 3.7.3 The Architect shall illustrate the architectural and decorative character of the Project. Such illustrations may include drav~ings, plans, elevations, sections, renderings and photographs, and samples of actual materials, colors and finishes. § 3.7.4 The Architect shall assist the Owner in the preparation of adjustments to the preliminary schedule and estimate of the Cost of the Wnrk. § 3.8 CONTRACT DOCUMENTS PHASE SERVICES § 3.8.1 Based on the approved Design Development Documents and other documents including schedule and estimate of the Cost of the Work, the Architect shall prepare Construction Documents for the Owner's approval. The Construction Documents shall illustrate and describe further development of the approved Design Development Documents and shall consist of Drawings, Specircations and other documents required to describe the interior construction necessary for the Project. § 3.8.2 The Contract Documents shall include plans, elevations, sections, details and specifications required to describe the interior construction work. § 3.8.3 The Architect shall prepare, for the Owner's approval, documents describing the requirements for the procurement, fabrication, shipment, delivery and installation of furniture, furnishings and equipment far the Projeci. § 3.8.4 The Architect shall assist the Owner in the preparation of the necessary Quotation and Bidding Documents. § 3.8.5 The Architect shall assist [he Owner in connection with the Owner's responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. § 3.9 BIDDING AND QUOTATION PHASE SERVICES § 3.9.1 Following the Owner's approval of the Contract Documents, the Architect shall assist the Owner in establishing a list of prospective contractors for construction and vendors for furniture, furnishings and equipment. § 3.9.2 The Architect shall assist the Owner in obtaining competitive bids or negotiated proposals for construction and quotations for furniture, furnishings and equipment. § 3.9.3 Bidding Documents shall consist of bidding requirements and the proposed Contract Documents. § 3.9A Quotation Documents shall consist of quotation requirements and the proposed Contract Documents. § 3.9.5 The Architect shall prepare written responses to questions from prospective contractors and vendors and provide written clarifications and interpretations of the Bidding and Quotation Documents in the form of addenda. § 3,9.6 The Architect shall assist the Owner in reviewing bids and quotations. The Architect shall assist the Otvner in awarding and preparing agreements for the Project. § 3,9.7 If the Owner and Architect agree that the Architect will purchase furniture, furnishings and equipment on behalf of the Owner with funds provided by the Owner, the duties and compensation related to such additional services shall be set forth in a separate agreement. § 3.10 CONSTRUCTION PHASE SERVICES § 3.1Q.1 GENERAL § 3.10.1.1 The Architect shall provide administration of the Contract between the Owner and Contractor as seE forth below and in the AIA Document A201-2007, General Conditions of the Contract for Construction- If the Owner and the Contractor modify AIA Document A201-2007, those modifications shall not affect the Architect's services under the Agreement unless the Owner and the Architect amend the Agreement. AIA Document Bt52T'" - 2007 ~tormerly 8171 TuID - 2003). Copyright ®1977, i99t, 2003 and 2007 by The American Irutitute of Architects. AI! rights Init. reserved. WAFttING:This AIA' Document is protected by U_s. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA"` Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 11:40:46 on 04/27/2010 under Order No.t 706659D69_t which expires on 12t1l2010, and is not for resale. User Notes: (3 9651 881 97) § 3.10,1.2 The Architect shall advise and consult with the Owner during the Construction Phase Services. The Architect shall have authority to act on behalf of the Owner only to the extent provided in the Agreement unless otherwise modified by written amendment. The Architect shall not have control over, charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, fabrication, procurement, shipment, delivery or installation, or for safety precautions and programs in connection with the Work, nor shall the Architect be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect shall be responsible for the Architect's negligent acts or omissions but shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. § 3.10.1.3 Subject to Section 4.3, the Architect's responsibility to provide Construction Phase Services commences with the award of the Contract for Construction and terminates on the date the Architect issues the final Certificate for Payment. § 3.10.1.4'The Architect shall interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made in writing within any time limits agreed upon or otherwise with reasonable promptness. § 3.10,1:51nterpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of Drawings. When making such interpretations and decisions,-the Architect shall endeavor to secure faithful performance by both the Owner and Contractor, shall not'show partiality to either, and hall not be liable for the results of interpretations or decisions rendered in good .faith. The Architect's decisions on matters relating to aesthetic effect shall be final if consistent with the intent expressed in the Contract Documents. § 3.10.1.6 Unless the Owner-and Contractor designate another person to serve as an Initial Decision Maker, as that tern- is defined in A20I-2007, the Architect shall render initial decisions on Claims between the Owner and Cotittactor as provided in the Contract Documents. §3.'10.2 EVALUATIONS OF THE WORK § 3.10.2,1 The Architect shall visit the site at intervals appropriate to the stage of construction, or as otherwise required in Section 4.3.3, to become generally familiar with the progress and quality of the portion of the Work completed,-and to detemtine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully,completed, will be in accordance with the Contract Documents- However, the Architect shall not be required to-make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the :basis of the site visits the Architect shall keep the Owner reasonably informed about the progress and quality of the portion of the Wark completed, and report to the Owner (I}known deviations from the Contract Documents and from the most recent construction schedule submitted by the Contractor, and (2) defects and deficiencies observed in the Work. § 3.10.2.2 The Architect has the authority to reject Work that does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable, the Architect shall have the authority to require inspection or testing of the Work in accordance with the provisions of the Contract Documents, whether or not such Work is fabricated, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Architect to the Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons or entities performing portions of the Work. § 3.10.3 CERTIFICATES FOR PAYMENT TO CONTRACTOR § 3.10.3.1. The Architect shall review and certify the amounts due the Contractor and shall issue certificates in such amounts. The Architect's certification for payment shall constitute a representation to the Owner, based on the Architect's evaluation of the Work as provided in Section 3.10.2 and on the data comprising the Contractor's Application for Payment, that, to the best of the Architect's knowledge, information and belief, the Work has progressed to the point indicated and [hat the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to (1) an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion; (2) the results of subsequent tests and inspections; (3) the correction of Init. AIA Document B152T'" - 20071itormeriy Bi71*"ID - 2003). Copyright 0 t977, 1991, 2003 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and International Treaties Unauthorized reproduction or distribution of 5 this AIAr Document, or any portion of it, may rosult In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible 1 under the law. This document was produced by AIA software at 11:40:48 on 04!27!2010 under Order No.t706659069_t which expires on 12!1!2010, and is not fvr resale. User Notes: (3965189197} minor deviations from the Contract Documents prior to final completion; and (4) specific qualifications expressed by the Architect § 3.10.3.2 The issuance of a Certificate for Payment shall not be a representation that the Architect has (I }made exhaustive or continuous on-site inspections to check the quality or quantity of the Work; (2) reviewed construction means, methods, techniques, sequences or procedures of construction, fabrication, procurement, shipment, delivery orinstallation; (3} reviewed copies of requisitions received from subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractor's right to payment; or {4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. §3.10.3.3 The Architect shall maintain a record of the Applications and Certificates for Payment. § 3:10.4 SUBMITTALS § 3.10.4.1 The Architect shall review and approve the Contractor's submittal schedule and shall not unreasonably :delay or withhold approval. The Architect's action in reviewing submittals shall be taken in accordance with the approved submittal schedule or, in the absence of an approved submittal schedule, with reasonable promptness, .while allowing sufficient time in the Architect's professional judgment to permit adequate review. § 3.10.4.2 In accordance with the Architect-approved submittal schedule, the Architect shall review and approve or take other appropriate actiori upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited-purpose of checking for conformance with information given and the design concept expressed in-the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy artd completeness of other information such as dimensions; quantities, and installation or performance of equipment or systems, which are [he'Cantractor's responsibility. The Architect's review shall not constitute approval of safety precautions or, unless otherwise specifically stated by the Architect, of any construction means, methods, techniques, sequences ot• procedures of construction, fabrication, transportation or installation. The Architect's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 3.10.4.3 If the Contract Documents specifically require the Contractor to provide professional design services ar certifications by a design professional related to systems, materials or equipment, the Architect shall specify the appropriate performance and design criteria that such services must satisfy. The Architect shall review Shop Drawings and other submittals related to the Work designed or Certified by the design professional retained by the Contractor that bear such professional's. seal and signature when submitted to the Architect. The Architect shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications and approvals performed or provided by such design professionals. § 3.10.4.4 Subject to Section 4.3, the Architect shall review and respond to requests far information about the Contract Documents. The Architect shall set forth in the Contract Documents the requirements for requests for information. Requests for information shall include, at a minimum, a detailed written statement that indicates the specific Drawings or Specifications in need of clarification and the nature of the clarification requested. The Architect's response to such requests shall be made in writing within any time limits agreed upon, or otherwise with reasonable promptness. If appropriate, the Architect shall prepare and issue supplemental Drawings and Specifications in response to requests for information. § 3.10.4.5 The Architect shall maintain a record of submittals and copies of submittals supplied by the Contractor in accordance with the requirements of the Contract Documents. § 3.10.5 CHANGES IN THE WORK § 3.10.5.1 The Architect may authorize minor changes in the Work that are consistent with the intent of the Contract Documents and do not involve an adjustment in Contract Sunt or an extension of the Contract Time. Subject to Section 4.3, the Architect shall prepare Change Orders and Construction Change Directives for the Owner's approval and execution in accordance with the Contract Documents. § 3.10,5.2 The Architect shall maintain records relative to Changes in the Work_ Init. AIA Document Bt52rTM - 2007 ~tormerly 8171*wID - 2003}. Copyright Grl 7977, 1991, 2003 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AlA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction ar distribution of this AIA' Document, or any portion oT it, may rosul! in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ~ under the law. This document was produced by AIA software al 11:40:48 on 04!27!2010 under Order No.1706659069_t which expires on t 211!2010, and is not for resale. User Notes: (3965788197) § 3.10.6 CONSTRUCTION COMPLETION § 3.10.6.1 The ?,rchitect shall conduct inspections to determine the date or dates of Substantial Completion and the date of final completion; issue Certificates of Substantial Completion; receive from the Contractor and forward to the Owner, for [he Owner's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and issue a final Certificate for Payment based upon a final inspection. indicating that the Work complies with the requirements of the Contract Documents. § 3.10.6.2 The Architect's inspection shall be conducted with the Owner [o check conformance of the Work with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of Work to be completed or corrected. § 3.10.6.3 When the Work is found to be substantially complete, the Architect shall inform the Owner about the balance of the Contract Sum remaining to be paid the Contractor, including the amount [o be retained from the Contract Sum, if any, for final completion or correction of the Work. § 3.10.8.4 The Architect shall forward to the Owner the following information received from the Contractor: (]) consent of surety or sureties, if any, to reduction in or partial release of retainage or the making of final payment; (2) affidavits, receipts,: releases and waivers of liens or bonds indemnifying the Owner against liens; and (3) any other documentation required. of the Contractor under the Contract Documents. § 3.11 FURNITURE, FURNISHINGS AND EQUIPMENT CONTRACT ADMINISTRATION PHASE SERVICES § 3.11.1 The Architect shall provide administration of the contracts for ftuTliture, furnishings and equipment only as set forth below and in AIA Document A251 Tr~20Q7, General Conditions of the Contract for Furniture, Furnishings and Equipment § 3.11.2 The Architect shall assist the Owner in coordinating schedules for fabrication, delivery and installation of he Work, but shall'not be responsible for any failure of a vendor to meet schedules for completion or to perform its respective duties and responsibilities in conformance with such schedules. § 3.11.3 The Architect shall review and approve or take other appropriate action upon the Vendor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. § 3.11.4 As the buyer of goods, the Owner shall receive, inspect and accept or reject furniture, furnishings and equipment at the time of their delivery to the premises and installation unless otherwise provided. The Architect is not authorized to act as [he Owner's agent in contractual matters. § 3.11.5 The Architect shall review final placement and inspect for damage, quality, assembly and function in order to deternne that furniture, furnishings and equipment are in accordance with the requirements of the Contract Documents. The Architect may recommend to the Owner acceptance or rejection of furniture, furnishings and equipment. § 3.11.6 The Architect shall visit the Project ptrnlises at intervals appropriate to the stage of the Vendor's ins[aIlation to become generally familiar with and to keep the Owner informed about, the progress and quality of the portion of the Work completed and to determine, in general, if the Work observed is being performed in a manner indicating that [he Work, when fully completed, will be in accordance with the Contract Documents. The Architect shall not have control over, charge of, or responsibility for the means, methods, techniques, sequences or procedures, fabrication, shipment, delivery or installation, or for the safety precautions and programs in connection with the Work. ARTICLE 4 ADDITIONAL SERVICES § 4.1 In addition to the Architectural Interior Design Services described above, the Atclutect shall provide Additional Services only if specifically designated below as [he Architect's responsibility. The Architect shall perform such Additional Services in accordance with a service description provided in Section 4.2 or attached as an exhibit to this services document. AIA Document B152TM - 2007 (rformerly Bt71 TNIn -2003). Copyright ~ 1977, 1991, 2003 and 2007 by The American Institute of Architects. All rights Inlt. reserved. WARNING: This AIA} Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproducllon or distribution of this AIA" Document, or any portion of it, may result in severe civil and criminal penalties; and will be prosecuted to the maximum extent possible ~ under the law. This document was produced oy AIA soltware at 11:40:48 on 04/27!2010 under Qrder No.1706659D69_1 which expires on 12!112010, and is not for resale. User Notes: {39fi5168197) (Designate d:e AdditionaI Services the Architect shallprovide in the•second column of the table below. In the third column indicate trhether the service description is located is Sectio~t 4.2 or in an exhibit attached to this services doctument. If in an exhibit, identify the e_rhibir.) Services Responsibility (Architect, Owner or Not Provided) Location of Service Description (Section 4.2 below or an exhibit attached ro this document and identift'ed below) § 4.1.1 As Built Measured Drawings Owner § 4.1.2 Existing FF~E Inventory Owner § 4.1.3 Valuations/Appraisals of Existing FF~E Architect As part of basic service. § 4.1.4 Special Studies and Surveys Not Provided § 4.1.5 Graphics & Signage Design Not Provided §:4.1.6 Art Selection and/or Procurement Not Provided § 4.1.7 Special'Consultants Not Provided § 4.1.8 Studies Re]ated to Future FF&E Not Provided § 4.1;9' betailed Cost Estimates Not Provided § 4.1.10 Detailed Quotation Review Not Provided §.4.1.11 `Ri:ceive/Inspect/Accept/Reject Furniture Architect As part of basic service. § 4.1x2 Post-Occupancy Evaluations Not Provided §,4.1.13 Operating Cost Analysis i Not Provided ? § 4.1.14' Extending Services after Project Completion ~ Not Provided § 4.1.15 Reviewing Extensive Number of Claims Not Provided § 4.7.16 Vendor Default Services Not Provided § 4.1'.17 Damage Replacement Consulting Not Provided § 4.1.18. Public or Legal Proceedings Activities Not Provided § 4.1.79 On-Site Project Representation Not Provided § 4.1.20 Equipment Testing and Training Not Provided {Paragraphs deleted) 4.3 Additional Services maybe provided after execution of the Agreement, without invalidating the Agreement. Except for services required due to the fault of the Architect, any Additional Services provided in accordance with this Section 4.3 shall entitle the Architect to compensation pursuant to Section 11.3, and an appropriate adjustment in the Architect's schedule. § 4.3.1 Upon recognizing the need to perform the following Additional Services, [he Architect shall notify the Owner with reasonable promptness and explain the facts aad circtnnstances giving rise to the need. The Architect shall not proceed to provide the following services until the Architect receives the Owner's written authorization: .1 Services necessitated by a change in the Initial Information, previous instructions or approvals given by the Owner, or a material change in the Project including, but not limited [o, size, quality, complexity, the Owner's schedule or budget for Cost of the Work, or procttretnertt ar delivery method; .Z Changing or editing previously prepared Instruments of Service necessitated by the enactment or revision of codes, laws or regulations or official interpretations; .3 Services necessitated by decisions of the Owner not rendered in a timely manner or any other failure of performance on the part of the Owner ar the Owner's consultants or contractors; init. AIA Document B152TM - 2007 ~tormerly 8171TMID - 2003-. Copyright Q 1977, 1991, 2003 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA" Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction w distribution of this AIt11 Document, or any portion o/ Il, may result In severe civil and criminal penalties; and will be prosecuted to the maximum extent possible t under the law. This document was produced by AIA software at t 1:40:49 on 04127t201D under Order No. t 706659069_1 which expires on 1211!2010, and is not torresale. User Notes: (398518at97~ .4 Preparing digital data for transmission to the Owner's consultants and contractors, or to other Owner authorized recipients; .5 Preparation of design and documentation far alternate bid or proposal requests proposed by the Owner; .6 Preparation for, and attendance at, a public presentation, meeting or hearing; .7 Preparation for, and attendance at a dispute resolution proceeding or legal proceeding, except where the Architect is party thereto; .8 Evaluation of the qualifications of bidders or persons providing proposals; .9 Consultation concerning replacement of Work resulting from fue or other cause during construction; or .10 Assistance to the Initial Decision Maker, if other than the Architect. § 4.3.2 To avoid delay.. in the Construction Phase, the Architect shall provide the following Additional Services, notify the Owner with reasonable promptness, and explain the facts and circumstances giving rise to the need. If the Owner subsequently determines that all or parts of those services are not required, the Owner shat] give prompt written notice to the Architect, and the Owner shall have no further obligation to compensate the Architect for those services: .1 Reviewing a Contractor's submittal out of sequence from the submittal schedule agreed to by the Architect; .2 Responding to the Contractor's requests for information that are not prepared in accordance with the Contract Documents or where such information is available to the Contractor from a careful study and comparison of the Contract Documents, f eld conditions, other Owner-provided information, Contratao;-prepazed coordination drawings, or prior Project correspondence or documentation; .3 Preparing Change Orders and Construction Change Directives that require evaluation of Contractor's proposals and supporting data, or the preparation or revision of Instruments of Service; .4 Evaluating an extensive number of Claims; .5 Evaluating substitutions proposed by the Owner or Contractor and making subsequent revisions to Instruments of Service resulting therefrom: or .6 To the eitlerit [he Architect's services are affected, providing Construction Phase Services 6Q days after (1) the date of Substantial Completion of the Work or {2) the anticipated date of Substantial Completion, identified in Initial Information, whichever is earlier. § 4.3.3. The Architect shall provide Construction Phase Services exceeding the Limits set forth below as Additional Services. When the limits below are reached, the Architect shall notify the Owner: .1 Two ( 2 )reviews of each Shop Drawing, Product Data item, sample and similar submittal of the Contractor .2 Weekly ( duration of construction phase )visits to the site by the Architect over the duration of the Project during construction .3 Two ( 2 )inspections for any portion of the Work to determine whether such portion of the Work is substantially complete in accordance with the requirements of the Contract Docurents .4 One ( 1 )inspections for any portion of the Work to determine final completion § 4.3.4If the services covered by the Agreement have not been compieted within eight ( 8 )months of the date of the Agreement, through no fault of the Architect, extension of the Architect's services beyond that time shall. be compensated as Additional Services. ARTICLE 5 OWNER'S RESPONSIBILITIES § 5.1 The Owner shall be responsible for negotiations and obligations of the lease, if any, and shall serve as the contact with the landlord. The Owner shall provide information contained in the tease or landlord correspondence relevant to the Project. § 5.2 The Owner shall be responsible for the relocation or removal of existing furniture, furnishings and equipment, and the contents from the facility, unless specifically designated otherwise in Article 12. Inlt AIA Document B752TM - 2007 (tormerly 8171 TMID - 20113). Copyright ©1977, 1991, 2003 and 2007 by The American lnsihute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyright Law and Internallonal Treaties. Unauthorized reproduetlon or dishibulion o1 9 this AIA nocument, or any portion of It. may result in severe civil and criminal penalties, end mill be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:40:a8 on 04/27/201 o under Order No.1706659069_t which expires on 121!2010, and is not for resale. User Notes: (3965188197) § 5.3 The Owner shall provide the Architect access to the Project site prior to commencement of the Work and shall obligate the Contractor to provide the Architect access to the Work wherever it is in preparation or progress. § 5,4 fixcept as otherwise provided in the Agreement, or when direct communications have been specially authorized, the Owner shall endeavor to communicate with the Contractor and the Architect's consultants through the Architect about matters arising out of or relating to the Contract Documents. The Owner shall promptly notify the Architect of any direct communications that may affect the Architect's services. § 5.5 Unless otherwise provided for under the Agreement, the Owner shall provide information in a timely manner regarding requirements for and limitations on the Project, including a written program which shall set forth the Owner's objectives, schedule, constraints and criteria, including space requirements and relationships, flexibility, expandability, special equipment, systems and site requirements. Within 15 days after receipt of a written request from the Architect, the Owner shall furnish the requested information as necessary and relevant for the Architect to evaluate,'give notice of or enforce lien rights. § 5.6 The Owner shall establish and periodically update the Owner's budget for the Project, including (1) the budget for the Cost of the Work as defined in Section 6.1; (2) the Owner's other costs; and (3) reasonable contingencies related to all of these costs. If the Owner significantly increases or decreases the Owner's budget for the Cost of the Work, the-Owner shall notify the Architect. The Owner and the Architect shall thereafter agree to a corresponding change in the Project',s scope and quality. § 5.7 The Owner shaliidentify a representative authorized to act on the Owner's behalf with respect [o the Project. The Owner shall render decisions and approve the Architect's submiUals in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Architect's services. § 5.8 The'Owner shall furnish surveys to describe physical characteristics, legal limitations and utility locations for the'site of the Project, and a written legal description of the site. § 5.9 The Owner shaII coordinate the services of its own consultants with those services provided by the Architect. Upon-the Architect's request, the Owner shall furnish copies of the scope of services in the contracts between the Owner and the Owner's consultants. The Owner shall furnish the services of consultants other than those designated in the Agreement, or authorize the Architect to furnish them as an Additional Service, when the Architect requests such services-arid demonstrates that they are reasonably required by the scope of the Project. The Owner shall require that its consultants maintain professional liability insurance appropriate to the services provided. § 5.10 The Owner shall furnish tests, inspections and reports required bylaw or the Contract Documents, such as structural, mechanical, and chemical tests, tests for air and water pollution, and tests for hazardous materials. § 5.11 The Owner shall furnish all legal, insurance and accounting services, including auditing services, that may be reasonably necessary at any time for the Project to meet the Owner's needs and interests. § 5.12 The Owner shall provide prompt written notice to [he Architect if the Owner becomes aware of any fault or defect in the Project, including errors, omissions or inconsistencies in the Architect's Instruments of Service. § 5.13 Before executing the Contract for Construction, the Owner shall coordinate the Architect's duties and responsibilities set forth in the Contract for Construction with the Architect's services set forth herein. The Owner shall provide the Architect a copy of the executed agreement between [he Owner and Contractor, including the General Conditions of the Contract for Construction. ARTICLE 6 COST OF THE WORK § 6.1 For purposes of the Agreement, the Cost of the Work shall be the total cost to the Owner to construct, purchase and install all elements of the Project designed or specified by the Architect and shall include contractors' and vendors' general conditions costs, overhead and profit. The Cost of the Work does not include the compensation of the Architect, the costs of the land, rights-of-way, financing, contingencies for changes in the Work or other costs that are the responsibility of the Owner. Init. AIA Document B752TM - 2007 formerly B171 TMID - 20031. Copyright ®1977, 1991, 2003 and 2007 by The American Institute of Architects. All rights reserved WARNING: This AIA` Document Is protected by U.S. Copyright Law and International Treaties Unauthorized reproduction or dlstritwlion of 1 Q Shis AIA''' Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ~ under the law. This document was produced by AIA software at 11:40:48 on 04/27/201D under Order No.1706659069_1 which expires on 1212/2010, and is not far resale. User Notes: (3965168197) § 6.2 The Owner's budget far the Cost of the Work shall be provided in Article 1, Initial Information. Evaluations of the Owner's budget for the Cost of the Work, the preliminary estimate of the Cost of [he Work and updated estimates of the Cost of the Work prepared by the Architect represent the Architect's judgment as a design professional. It is recognized, however, that neither the Architect nor Owner has control over [he cost of labor, materials, furniture, furnishings or equipment, over the Contractors' methods of determining bid prices; or over market conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or quotations will not vary from the Owner's budget for the Cost of the Work or from any estimate of the Cost of the Work or evaluation prepared or agreed to by the Architect. § 6.3 in preparing estimates of the Cast of the Work, the Architect shall be permitted to include contingencies for design, bidding and price escalation; to determine what materials, furniture, furnishings and equipment, finishes, componenrsystems and types of construction are [o be included in the Contract Documents; to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids as may be necessary [o adjust the estimated Cost of the Work to meet the Owner's budget for the Cost of the Work. The Architect's estimate of the Cost of the Wgrk may be based on current area, volume or similar conceptual estimating techniques. If an increase in the Contract Sum occurring after execution of the Contract between the Owner and the Contractor causes the budget for the Cost of the Work to be exceeded, thal budget shall be increased accordingly. 6.4 If bidding,or requests for quotations have not commenced within 40 days after the Architect submits the Contract Documents to the Owner, through no fault of the Architect, the Owner's budget for the Cost of the ~'Vork shall be adjusted to reflect changes in the general level of prices in the applicable market- § 6.5 As the design process progresses through the end of the preparation of the Contract Documents, the Architect shall .update and refini; the preliminary estimate of the Cost of the Work. The Architect shall advise the Owner of any adjustments to previous estimates of the Cost of the Work indicated by changes in Project requirements or general market conditions: If at any time the Architect's estimate of the Cost of the Work exceeds the Owner's budget for the Cost of the Work, the Architect shall make appropriate recommendations to the Owner to adjust the Project's size, quality ocbudge[, and the Owner shall cooperate with the Architect in making such adjustments. § 6.6 If the Owner's budget; for the Cost of the Work at the conclusion of the Contract Documents Phase Services is exceeded by the7owesYbona fide bid or negotiated proposal, the Owner shall .1 give written approval of an increase in the budget for the Cost of the Work; .2 authorize rebidding or renegotiating of the Project within a reasonable time; .3 terminate in accordance with the accompanying Owner-Architect Agreement; .4 in consultation with the Architect, revise the Project's program, scope or quality as required to reduce the Cost of the Work; or .5 implement another mutually acceptable alternative. § 6.7 If the Owner chooses to proceed under Section 6.6.4, the Architect, without additional compensation, shall modify-the Contract Documents as necessary to comply with the Owner's budget for the Cost of the Work at the conclusion of the Contract Documents Phase Services, or the budget as adjusted under Section 6.6.1. The Architect's modification of the Contract Documents shall be the limit of the Architect's responsibility under this Article 6. ARTICLE 7 CQPYRIGHTS AND LICENSES § 7.1 The Architect and the Owner warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner [o transmit such information for its use on the Project. If the Owner and Architect intend to transmit Instruments of Service or any other information or documentation in digital form, they shall endeavor to establish necessary protocols governing such transmissions. § 7.2 The Architect and the Architect's consultants shall be deemed the authors and owners of their respective Instruments of Service, including [he Drawings and Specifications, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission. or distribution of Instruments of Service to meet official Init. AIA Document 6152TM - 2007 (formerly 8171TMgD - 2003). Copyright ©1977, 1991, 2003 and 2007 by Tha American Instilule of ArchiteGS. All rights reserved. WARNING: This AIA` Document Is protected by U. S. Copyright Law and Internalionaf Treaties. Unauthorized reproduction or distrlbutlon o1 11 this AIA'" Document, ar any portion of It, may result in severe civil and crlminar penalties, and will be prosecuted io the maximum extent possible / under the law. This document was produced by AIA software at t 1:40:48 on D4/27/20t0 under Order No.1706659059.1 which expires on t 21112010, and is not for resale. User Notes: {3965188197) regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Architect and the Architect's consultants. § 7.3 Upon execution of this Agreement, the Architect grants to the Owner a nonexclusive license to use the Architect's Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Project, provided that the Owner substantially performs its obligations, including prompt payment of at} sums when due, under this Agreement. The Architect shall obtain similar nonexclusive licenses from the Architect's consultants consistent with this Agreement. The license granted under this section permits the Owner to authorize the Contractor, Subcontractors, Sub-subcontractors, and material or equipment suppliers, as well as the Owner's consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. If the Architect rightfully terminates this Agreement for cause as provided in Section 9.4, the license granted in this Section 7.3 shall terminate. § 7.3.1 In the event the Owner uses the Instruments of Service without retaining the author of the Instruments of Service, the Owner releases [he Architect and Architect's consultant(s) from alI c]aims and causes of action arising from such uses. The Owner, to the extent permitted bylaw, further agrees to indemnify and hold harmless the .Architect and its consultants from all costs and expenses, including [he cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's use of the Instruments of Service under this Section 7.3.1. The terms of this Section 7.3.1 shall not apply if the Owner rightfully terminates this Agreement for cause under Section 9.4. § 7.4 Except far the ]icenses granted in this Article 7, no other license or right shall be deemed granted or implied under this Agreement-The Owner shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Architect. Any unauthorized use of the Instruments of Service shall be at the Owner's sole risk and without liability to the Architect and the Architect's consultants. ARTICLE 8 CLAIMS AND DISPUTES § 8:1 GENERAL §.8.1.1 The Owner and Architect shall commence all claims and causes of action, whether in contract, tort, or otherwise, against the other arising out of or related to this Agreement in accordance with the requirements of the mefhod of binding dispute resolution selected in this Agreement within the period specified by applicable law, but in any case not more than l0 years after the date of Substantial Completion of the Work. The Owner and Architect waive all claims. and causes of action not commenced in accordance with this Section 8.1.1. § 8.1.2 To the extent damages are covered by property insurance, the Owner and Architect waive all rights against each other and against the contractors, consultants, agents and employees of the other for damages, except such rights as they may have to the proceeds of such insurance as set forth in AIA Document A201-2QQ7, General Conditions of the Contract for Construction. The Owner or the Architect, as appropriate, shall require of the contractors, consultants, agents and employees of any of them similar waivers in favor of the other parties enumerated herein. § 8.1.3 The Architect and Owner waive consequentia] damages for claims, disputes or other matters in question arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination of this Agreement, except as specifically provided in Section 9.7. § 8.2 MEDIATION § 6.2.1 Any claim, dispute or other matter in question arising out of or related to this Agreement shalt be subject to mediation as a condition precedent to binding dispute resolution. If such matter relates to or is the subject of a lien arising out of the Architect's services, the Architect may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by mediation or arbitration. § 8.2.2 The Owner and Architect shall endeavor to resolve claims, disputes and other matters in question between them by mediation whicll, unless the parries mutually agree otherwise, shall. be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of Init. AIA Document B152rt+-2007 (formerly 8171 TMID - 2003}_ Copyright @ 1977, 1991, 20D3 and 2007 tsy The American Institute of Architects. Alt rights reserved. WARNfNG: This AIA` Document Is protected by U.S. Copyright taw and International 7reatles. Unauthorized reproduction or distribution of 12 this AIA" Document, or any portion of Il, may result in severe civil and criminal penalties. and will be prosecuted to [he maxhnum extent possible j under the taw. This document was produced by AIA software at 11:40:46 on 04/27/2D10 urttier Order No.1706659069_t which expires on 12!1/2010, and is not for resale. User Notes: (3965188197) the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with [he person or entity admitistering the mediation. The request may be made concurrently with the filing of a complaint or other appropriate demand for binding dispute resolution but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. If an arbitration proceeding is stayed pursuant to this section, the parties may nonetheless proceed to the selection of the arbitrator(s) and agree upon a schedule for later proceedings. § 8.2.3 The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. §.8.2.4 Tf the parties do not resolve a dispute through mediation pursuant to this Section 8.2, the method of binding dispute resolution shall be -he following: (Check the appropriate box. If the Owner and Architect do not select a method of bindif:g dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution method other than liligniian, the dispute will be resolved in a co:frt of competent jurisdiction.) [ X ]Arbitration pursuant to Section 8.3 of this Agreement Litigation in a court of competent jurisdiction [ ] Other (Specify) § $.3 ARBITRATION § 8.3.1 If the parties have selected arbitration as the method for binding dispute resolution in this Agreement, any claim, dispute or other matter in question arising out of or related to this Agreement subject to, but not resolved by, mediation- shall be subject to arbitration which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with its Consh•uction Industry Arbitration Rules in effect on the date of this Agreement. A demand for azbitration shall be made in writing, delivered to the other party to this Agreement, and filed with the person or entity administering the arbitration. § 8.3.1.1 A demand for arbitration shall be made no earlier than concurrently with the filing of a request for mediation, but in no event shall. it be made after the date when the institution of legal or equitable proceedings based on the claim, dispute or other matter in question would be barred by the applicable statute of limitations. For statute of limitations purposes, receipt of a written demand for arbitration by the person or entity administering the arbitration shall constitute the institution of legal or equitable proceedings based on the claim, dispute or other matter in question. § 8.3.2 The foregoing agreement to arbitrate and other agreements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement shall be specifically enforceable in accordance with applicable law in any court having jurisdiction thereof. § 8.3.3 The awazd rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. § 8.3.4 CON50LIDATION OR JOINDER § 8.3.4.1 Either party, at its sole discretion, may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that (l) the arbitration agreement governing the other arbitration pemvts consolidation; (2) the arbitrations to be consolidated substantially involve common questions of law or fact; and (3) the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). Init AtA Document B152TM - 2007 ~tormerly B171TMID -20031. Copyright ®1977, t 991, 2003 and 2007 by The American Institute of Architects. Ali rights reserved. WARNING: This AlA`' Document is protected by U.S. Copyrighhl Law and International Treaifes. Unauthorized reproduction or distribution of 13 This AIA' Document, or any portion of II, may result in severe civl! and criminal penalties, and. will be prosecuted to the maxlntum extent possible under the law. This document was produced t:y AIA software at 11:d0:40 on 0 412 7/20 1 0 under Order No-1706659069_1 which expires on 12/11201D, and is not for resale. User Notes: (396511381971 § 8.3.4.2 Either party, at its sole discretion, may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration, provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim, dispute or other matter in question not described in the written consent. § 8.3.4.3 The Owner and Architect grant to any person or entity made a party to an arbitration conducted under this Section 8.3, whether by joinder or consolidation, the same rights of joinder and consolidation as the Owner and Architect under this Agreement. ARTICLE 9 TERMINATION OR SUSPENSION § 9.1 If the Owner fails to make payments to the Architect in accordance with this Agreement, such failure shall be considered substantial. nonperformance and cause for termination, or at the Architect's option, cause for suspension ofperformance of services under this Agreement. If the Architect elects to suspend services, the Architect shall give .seven days' written notice to the Owner before suspending services. In the event of a suspension of services, the Architect shall have no7iability to the Owner for delay or damage caused the Owner because of such suspension of .services: Before resuming services, the Architect shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Architect's services. The Architect's fees for the remaining services and the-time schedules shall be equitably adjusted. § 9.2 If the Owner suspends the Project, the Architect shall be compensated for services performed prior to notice of such suspension. When the Project is resumed, the Architect shall be compensated for expenses incurred in the intemtption and resumption of the Architect's services. The Architect's fees for the remaining services and the time schedules shall be equitably adjusted. § 9,3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Architect, the Architect may terminate this Agreement by giving not less than seven days' written notice. § 9.4 Either party may terminate this Agreement upon not less than seven days' written notice should [he other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 9.5 The Owner may terminate this Agreement upon not less than seven days' written notice to the Architect for the Owner's convenience and without cause. § 9.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services performed prior to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Section 9.7. § 9.7 Ternnation Expenses are in addition to compensation for the Architect's services and include expenses directly attributable to termination for which the Architect is not otherwise compensated, plus an amount for the Architect's anticipated profit on the value of the services not performed by the Architect. § 9.8 The Owner's rights to use the Architect's Instruments of Service in the event of a termination of this Agreement are set forth in Article 7 and Section 11.9. ARTICLE 70 MISCELLANEOUS PROVISIONS § 10.1 This Agreement shall be governed by the law of the place where the Project is located, except that if the parties have selected arbitration as [he method of binding dispute resolution, the Federal Arbitration Act shall govern Section 8.3. § 10.2 Terms in this Agreement shall have the same meaning as those iu AIA Docmnent A201-?007, General Conditions of the Contract for Construction and A251-2007, General Conditions of the Contract for Furniture, Furnishings and Equipment, as appropriate- AIA Document 6752TM - 2007 formerly B171 TMID- 2003). Copyright m 1977, 1991, 2003 and 2007 by The American Institute of Architects. All r)ghts Init. reserved. WARNING: This AIA Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of 14 this AIA9 Document; or any portfan of It, may result In severe dvit and criminal penalties, end will be prosecuted to the maximum extent possihte under the law. This decument was produced by A!A software at t 1:40:48 on D412712Dt 0 under Order No.1706659D69_t which expires on 1 21112 0 7 0, and is not for resale- User Notes: (39651BB197) § 10.3 The Owner and Architect, respectively, bind themselves, their agents, successors, assigns and legal representatives to this Agreement. Neither the Owner nor the Architect shall assign this Agreement without the written consent of the other, except that the Owner may assign this Agreement to a lender providing financing for the Project if the lender agrees to assume [he Owner's rights and obligations under this Agreement. § 10.4 If the Owner requests the Architect to execute certificates, the proposed language of such certificates shall be submitted to the Architect for review at least 14 days prior to the requested dates of execution. If the Owner requests the Architect to execute consents reasonably required to facilitate assignment to a lender, the Architect shall execute all such consents that are consistent rv~ith this Agreement, provided the proposed consent is submitted to the Architect for review at least 14 days prior to execution. The Architect shall not be required to execute certificates or consents that would require knowledge, services or responsibilities beyond the scope of this Agreement. § 10.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect. § 10.6 Unless ptherwise required in this Agreement, the Architect shall have no responsibility for the discovery, presence,-handling, removal, or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the Project site. § 10.7 The Architect shall have the right to include photographic or artistic representations of the design of the Project among the Architect's promotional and professional materials. The Architect shall be given reasonable access to the completed Project to make such representations. However, the Architect's materials shall not include the Owner's confidential. or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by [he Owner to be confidential or proprietary. The Owner shalt provide professional credit for the'.Aiehitect in the Owner's promotional materials for the Project. § 1D.8 If the Architect or Owner receives information specifically designated by the other party as "confidential" or "business. proprietary," the receiving party shall keep such information strictly confidential and shall not disclose it to any other person except to (1) its employees, (2) those who need to know the content of such information in order to perform services or construction solely and exclusively for the Project, or (3) its consultants and contractors whose contracts include similar restrictions on the use of confidential information. ARTICLE 11 COMPENSATION § 11.1 For the Architect's Services described under Article 3, the Owner shall compensate the Architect as follows: (Insert amotrnt of, or basis for, compensation.) Sixtyfour thousand dollars ($64,000.00) and an estimated reimbursable expense allowance of $2,OD0 for the project. I The allowance shall cover items listed under article 11.8 § 11.2 For Additional Services designated in Section 4.1, the Owner shall compensate the Architect as follows: (Insert amount of, or basis for, compensation. If necessary, list specific sen+ices to which particular methods of compensation apply.) Ptincipal $200.00lhr Project Architect $I50.00/ltr Architect $125.OO/hr Cadd $ 95.DO/hr § 11.3 For Additional Services that may arise during the course of the Project, including those under Section 4.3, the Owner shall compensate the Architect as follows: (htsert amotrnt of, or bases for, compensation.) Ihit. AIA Document B152TM -2807 ~tarmerly B17~T°ID - 2003). Copyright 0 t 977, 1991, 2003 and 2007 by The American Institute of Architects. All rights reserved. WARNING: This AIA' Document is protected by U.S. Copyrigtl Law and international Treattes. Unauthorized reproduction w distribution of 1 ~ this AIA' nacument, ar any portion of it, may result in severe civic and criminal penalties, and will be prosecuted to the maximum extent possible / under the law. This document was produced by AIA software at 11:40:48 on 04/2712010 under Order No.170fifi59069_i which expires on t2/1f2014, and is not for resale. User Notes: (3965188197) (Paragraphs deleted} § 11.5. Where compensation for the Architect's Services is based on a stipulated sum or percentage of the Cost of the -Work, the compensalion for each phase of services shall be as follows: (htsert additional phases as appropriate.} Programming Phase Pre-lease Analysis and Feasibility Services Phase Schematic Design Phase Design Development Phase Contract Documents Phase Bidding and Quotation Phase Construction Contract Administration Phase Furnimre,Furnishings and Equipment Contract Administration Phase Total Compensation Twenty Twenty Thirty seven Three Twenty As past of Construction Contract Administration Phase percent ( %) percent ( %) percent ( 20 %) percent ( 20 %) percent ( 37 %) percent ( 3 %) percent ( 20 %) percent ( %) one hundred percent ( 100 %) § 11;6 When compensation is based on a percentage of the Cost of the Work and any portions of the Project are deleted or otherwise not constructed, compensation for those portions of the Project shall be payable to the extent services are performed on those portions, in accordance with the schedule set forth in Section 11.5 based on (1) the .lowest bona fide bid or negotiated proposal, or (2) if no such bid or proposal is received, the most recent estimate of the' Cost of the Work-for such portions of the Project. The Architect shall be entitled to compensation in accordance with the Agreement far all services performed whether or not the Construction Phase is commenced. § 11.7 The hourly billing rates for services of the Architect and the Architect's consultants, if any, are set forth below. The rates shall be adjusted in accordance with the Architect's and Architect's consultants' normal review practices. (If applicable, attach an exhibit of hourly bitting rates or Insert them below.) Principal $200.00lhr Project Architect $150.00/hr Architect $125.00/hr Cadd $ 95.OO/Jtr Employee or Category Rate § 11.8 COMPENSATION FOR REIMBURSABLE EXPENSES § 11.6.9 Reimbursable Expenses are in addition to compensation for Architectural Interior Design Services and Additional Services and include expenses incurred by the Architect and the Architect's consultants directly related to the Project, as follows: (Paragraphs deleted) and an estimated reimbursable expense allowance of $2,000 for the pmject. The- allowance shall cover items listed. The City of Colleyville is responsible for all fees required for approval of authorities having jurisdiction over the project as well as the printing cost for all owner review documents, pemut documents and bidding documents. .2 .3 .4 Printing, reproductions, plots, standard form documents; .5 Postage, handling and delivery; AIA DoetuneM 8152T"' - 2007 formerly 617tTMID -2003}. Copyright ®1977, 1941, 2D03 and 2(107 by The American Institute of Architects. All rights tn)t° reserved. WARRING: This AIA Document is protected by U.S. Copyright law and International Treaties. Unauthorized reproduction or dishlbution of 16 this AIA'T nocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible ~ under the law. This document was produced by AIA soitware at 11:40:46 on 04!2712010 under Order No.1706659069_t which expires on 12l1l20i0, and is not for resale. User Notes: {3965168197) .7 Renderings, models, mock-ups, professional photography, and presentation materials requested by the Owner; .8 Architect's Consultant`s expense of professional liability insurance dedicated exclusively to this Project, or the expense of additional insurance coverage or limits if the Owner requests such insurance in excess of that normally carried by the Architect's consultants; (Paregraphs deleted) § 11.8.2 For Reimbursable Expenses the compensation shall be the expenses incurred by the Architect and the Architect's consultants at actual cost of the expenses incurred. § 11.9 COMPENSATION FOR USE OF ARCHITECT'S INSTRUMENTS OF SERVICE If the Owner teiminates the Architect for its convenience under Section 9.5, or the Architect ternunates this Agreement'uuder Section 9.3, the Owner shall pay a licensing fee as compensation for the Owner's continued use of the Architect's Instruments of Service solely for purposes of completing, using and maintaining the Project as follows: §:11,10 PAYMEM'S TO THE ARCHITECT § 11.1D.1 An initial payment of Zero Dollars ($ 0.00 )shall be made upon execution of this Agreement and is the minimum payment under this Agreement. It shall be credited to the Owner's account in the fnal invoice. § 11.10.2 Unless otherwise agreed, payments for services shat] be made monthly in proportion to services performed. Payments are due and payable upon presentation of the Architect's invoice. Amounts unpaid thirty ( 30 ) days after he invoice date'shall bear interest at the rate entered below, or in the absence thereof at the legal rate prevailing from-time to time at the principal place of business of the Architect. (Llsert rate of monlhl)~ or annual interest agreed upon.} per annum § 11.10.3 The Owner shall not withhold amounts from the Architect's compensation to impose a peaalty or liquidated damages on the Architect, or to offset sums requested by or paid to contractors for the cost of changes in the Work unless the Architect agrees or has been found liable for the amounts in a binding dispute resolution proceeding. § 11.10.4 Records of Reimbursable Expenses, expenses pertaining to Additional Services, and services performed on the basis of hourly rates shall be available to the Owner at mutually convenient times. + (Paragraphs deleted) ARTICLE 13 SCOPE OF THE AGREEMENT § 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all poor negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Owner and Architect. AIA Document 8252TM - 2007 formerly 8171'"ID - 2003). Copyright ~ 1977, 1991,. ZOD3 and 20D7 by The American Institute of Architects. All rights Init. raservad. WAANING: This AIA Document is protected by U.S. Copyright Law and international Treaties. Unauthorized reproduction ar distribution of 17 ibis AIA" Document, or any portion of it, may result In severe civil and criminal penaftles, and vrill be prosecuted to the maximum extenE posstble t under the law. This document was produced by AIA software at 11'46:48 on 04127!2010 under Order No.1706659D69_1 which expires on 1 Z/1t2010, dnd is not for resale. User Notes: (3865468197) This Agreement entered into as of the day and year first written above.. OWNER (Signature} CHITECT (Signature) Bill Hidell, Principal (Printed name and title) (Printed Warne and title) (Ta61e deIeted)(Paragraphs deleted) Init AIA Document H152TM - 2007 (formerly B171nrID - 2403}. Copyright fl 7977, 1997, 2003 and 2007 by The American institute o1 Architects. Ail rights reserved WARNING: This AIA"' Document is protected by U.S. Copyrtght Lew and InternallonaE Treaties. Unauthorized reproduction or distribution of 18 this AIAs Document, or any portion of it, may result Itr severe civil and criminal penaitles, and vrill be prosecuted to the maximum extent possible / under the lour. This document was produced by AIA software at 71:40:48 on 04!271201 D under Order No.1706659069_7 which expires on 12/1/2010, and is not for resale. User Notes: {3965186797) ~"~n ~~ra City Hall j " ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~..- Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-10-1749 File Number: 0-10-1749 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 05/04/2010 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements of the Heritage Oaks Addition located in the 5000-5200 Block of Heritage Avenue, Case ZC10-005 Attachments: Location and Zoning Map Notification List Letter of Opposition Letter of Support Statement of Planning Objectives Zoning Exhibit Ordinance 0-06-1567 Ordinance 0-09-1715 Ordinance 0-10-1749 History of Legislative File Version: Date: Acting Body: Action Text: 1 03/22/2010 Planning and Zoning Commission 1 04/20/2010 City Council 1 05/04/2010 City Council Title Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements of the Heritage Oaks Addition located in the 5000-5200 Block of Heritage Avenue, Case ZC10-005 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the April 20, 2010 meeting. First Reading and Public Hearing Curtis Young, of the Sage Group, Inc., representing K Hovnanian Homes, has submitted a request to amend Ordinance 0-09-1715, which allows aPUDR-Planned Unit Development Residential zoning district for single-family residential attached units on approximately 22.9 acres, located between the 5000-5200 blocks of Heritage Avenue. Existing Zoning. Ordinance 0-09-1715 was approved by City Council on April 7, 2009. This ordinance amended Ordinance 0-06-1657, which allowed 124 attached townhomes with no single family detached dwellings. Ordinance 0-09-1715 allows for 40 townhome-style and 63 single family detached style housing units along with open space areas in the Heritage Oaks Addition. City of Colleyville Page 1 Printed on 4/29/2010 Agenda Briefing Continued (0-10-1749)_ _ Proposed Zoning Amendment. The applicant is seeking to amend Ordinance 0-09-1715 to allow for the construction of single-family residential detached homes on the remaining lots in the development. Ordinance 0-09-1715 allows for a total of 40 attached townhome lots and 63 single family detached lots as well as 30.4% in open space areas. Of the 63 single family lots, 44 are 40' wide and 19 are 50' wide. According to the developer, there is an increase in the demand for the 50' lots. Therefore, the developer is requesting a reduction of townhome lots from 40 to 34; a reduction of 40' single family detached lots from 44 to 40; and an increase of 50' single family detached lots from 19 to 26. (The net increase of single family detached lots is three). The total number of lots is reduced from 103 to 100. Subsequently, the density will also decrease, from the 4.6 dwelling units per acre (dua) to 4.4 dua. Parking Requirements. The Land Development Code requires two parking spaces, exclusive of the garage spaces, per each single family unit and one parking space, plus one guest parking space, per every five townhome units. The applicant is proposing to construct an additional six on-street parking spaces to account for the three additional single family lots. In terms of aggregate parking supply, this development meets the parking requirements of the Land Development Code. The additional parking spaces are depicted on the zoning exhibit. The exhibit shows all on-street parking provided for the development. All streets within the development are private streets and maintained by the Homeowners Association (HOA). Replat Requirement. Upon City Council approval of the proposed PUD amendment, the applicant will be required to submit a replat of the subdivision, depicting the new lot layout of the development. Master Plan. The Col/eyville Master Plan designates the subject property for retail, office, and single family residential uses. Surrounding Properties. The surrounding properties consist of a variety of land uses. The properties to the west are zoned AG-Agricultural and developed as single family dwellings and religious institutions. The property to the north is zoned AG-Agricultural and is developed as Heritage Elementary School. The properties to the east are zoned CC2-Shopping Center and are developed with office and retail uses. Properties to the south are zoned PUDR-Planned Unit Development Residential, R30-Single Family Residential, and CC1-Village Retail and contain single family residential homes, a religious institution, a retail store, and an undeveloped property. Public Notification. Staff mailed notices to 63 adjacent property owners, both within and adjacent to the development, 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 one letter of opposition and one letter of support regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the March 22, 2010 meeting by a vote of 7-0. City of Colleyville Page 2 Printed on 4/26/2010 Agenda eriefinp Continued (0-10-1749) Summary. The applicant's request will result in a decrease in density when compared to the original project from 4.6 dua to 4.4 dua. In terms of total parking spaces provided, the development meets the requirements of the Land Development Code. Financial Impact There is no financial impact to the City. Recommendation Approval with the conditions stated in the draft ordinance. Cify of Colleyville Page 3 Printed on 4/26/2010 Location and Zoning Map 5311 5309 5300 5303 ~ Ar'~ 5207 l 5205 5201 ~r ~. .s.:.' h ~8~ PU D R szso 5113 9]17 5042 l12 5013 9J58 9]09 9160 008 5064. 3708 9]04 9]05 s GLADE RQ 3809 3808 3612 AMBE 3613 PU DR 3605. 3609 4900 : 3604 3608 3612. Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5004 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5005 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5008 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5009 Co er len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5012 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5013 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5016 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5024 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5028 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5032 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5036 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5040 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5052 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5053 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5057 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5060 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5064 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5065 Copperglen Cir Arnold, Thomas A 5205 Roberts Rd Colleyville TX 76034 5205 Roberts Rd Baird, Ton Etux Keri 3724 Bur Oak Dr Colleyville TX 76034 3724 Bur Oak Dr Beck, Dane E 3816 Bur Oak Dr Colleyville TX 76034 3816 Bur Oak Dr Braceville Llc 2501 Kensington PI Colleyville TX 76034 5001 Heritage Ave Brozovick, Deborah J 3812 Bur Oak Dr Colleyville TX 76034 3812 Bur Oak Dr Burton, Martha Est PO Box 100609 Fort Worth TX 76185 3829 Glade Rd Burton, Martha Estate PO Box 100609 Fort Worth TX 76185 3809 Glade Rd Chapman, Phillip H Etux Jill 5100 Post Oak Trl Colleyville TX 76034 5100 Post Oak Tr Churches In Covenant Internati 2644 E Trinity Mills Rd Carrollton TX 75006 5008 Roberts Rd Churches In Covenant Internati 2644 E Trini Mills Rd Carrollton TX 75006 5008 Roberts Rd Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 3741 Shumard Oak Ln Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 5008 Heritage Oaks Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 5030 Heritage Oaks Dr Colle ville Assoc Herita a Oak 545 E John Carpenter Fw #1500 Irvin TX 75062 5260 Herita a Oaks Dr Colle ville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 Bur Oak Dr HOA Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 Bur Oak Dr HOA Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 Heritage Oaks Dr HOA Colle ville Assoc Herita a Oak 545 E John Carpenter Fwy #1500 Irvin TX 75062 Post Oak Tr HOA Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 Post Oak Tr HOA Cook, Robert Etux Genevive 5138 Post Oak Trl Colleyville TX 76034 5138 Post Oak Tr Copper len Hoa Inc 2825 Exchange Blvd Ste 106 Southlake TX 76092 5000 Copper len Cir Copper len Hoa Inc 2825 Exchange Blvd Ste 106 Southlake TX 76092 5001 Copper len Cir Copperglen Hoa Inc 2825 Exchange Blvd Ste 106 Southlake TX 76092 5017 Copperglen Cir Copper len Hoa Inc 2825 Exchange Blvd Ste 106 Southlake TX 76092 5044 Copperglen Cir Copperglen Hoa Inc 2825 Exchange Blvd Ste 106 Southlake TX 76092 5069 Copperglen Cir Faldik, Russell Etux Melissa 25119 Fairway Sp s San Antonio TX 78260 3832 Bur Oak Dr Fisher, Martin B Etux Marita 3828 Bur Oak Dr Colleyville TX 76034 3828 Bur Oak Dr Fletcher, Barbara 3820 Bur Oak Dr Colleyville TX 76034 3820 Bur Oak Dr Folck, Jeffe & Susan Folck 5108 Post Oak Trl Colleyville TX 76034 5108 Post Oak Tr G Points Sc Ltd, 101 1St St Ste 476 Los Altos CA 94022 3930 Glade Rd Gill, Kelly Leigh 3908 Heritage Oaks Dr Colleyville TX 76034 3908 Heritage Oaks Dr Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 5101 Heritage Ave Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 5300 Heritage Ave Grapevine-Colle ville ISD 3501 Ira E Woods Ave Grapevine TX 76051 5401 Herita a Ave Greene, Michael Etux Gail 3716 Bur Oak Dr Colleyville TX 76034 3716 Bur Oak Dr Notification List Hao, Biao Etux Ling Tao 3800 Bur Oak Dr Colleyville TX 76034 3800 Bur Oak Dr Harmon, Brent Etux Elaine 3728 Bur Oak Dr Colleyville TX 76034 3728 Bur Oak Dr Harrin ton, Samuel M PO Box 150069 Dallas TX 75315 4908 Herita a Ave Harrin ton, Samuel Mason 2760 Fuller Wiser Rd Euless TX 76039 3805 Glade Rd Hartley, Marietta Frances 200 Fremont Ct Colleyville TX 76034 5303 Roberts Rd Jeans, Courtney Etux Wanda V 2500 State Highway 121 Euless Tx TX 76039 5049 Copperglen Cir Jenrol Llc 5110 Heritage Ave Colleyville TX 76034 5201 Heritage Ave K Hovnanian Homes Dfw Llc 5808 W Plano P Plano TX 75093 5104 Post Oak Tr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 5112 Post Oak Tr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 5124 Post Oak Tr K Hovnanian Homes Dfw Llc 5808 W Plano Pkwy Plano TX 75093 5134 Post Oak Tr Krie hbaum, David Etux Trace 5142 Post Oak Trl Colle ville TX 76034 5142 Post Oak Tr Lampley, Carl M Etux Cynthia A 3836 Bur Oak Dr Colleyville TX 76034 3836 Bur Oak Dr Lecocq, James Gary PO Box 2032 Colleyville TX 76034 5113 Roberts Rd McCann, Patrick & Suzanne 3904 Heritage Oaks Dr Colleyville TX 76034 3904 Herita a Oaks Dr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fw Irvin TX 75062 3937 Black'ack Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 5050 Heritage Ave Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 5050 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 5054 Post Oak Tr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irvin TX 75062 5058 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 5062 Post Oak Tr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 5066 Post Oak Tr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 5070 Post Oak Tr Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter F Irvin TX 75062 Post Oak Tr HOA Miller, Clark M 3824 Bur Oak Dr Colleyville TX 76034 3824 Bur Oak Dr Peterson, Amy 3720 Bur Oak Dr Colleyville TX 76034 3720 Bur Oak Dr Pifer, George E Etux Kathryn A 425 Waterford Ln Colleyville TX 76034 5020 Copperglen Cir Pitts, Wallace J Etux Shari G 3612 Amberle Ct Colle ville TX 76034 3612 Amberle Ct Pleasant Glade Baptist Church 3708 Glade Rd Colleyville TX 76034 3708 Glade Rd Powell, Keith Etux Tina 3732 Bur Oak Dr Colleyville TX 76034 3732 Bur Oak Dr Prazak, John B Etux Helen J 5207 Roberts Rd Colleyville TX 76034 5207 Roberts Rd Rcc Herita a Glade Ltd 99 Main St Ste 200 Colle ville TX 76034 5009 Herita a Ave Rhodes, David P Etux Susan 3708 Bur Oak Dr Colleyville TX 76034 3708 Bur Oak Dr Rietz, Barry S Etux Paula K 3700 Bur Oak Dr Colleyville TX 76034 3700 Bur Oak Dr Roljen Llc 5110 Heritage Ave Colleyville TX 76034 5110 Heritage Ave Rpks Ltd 5203 Herita a Ave Colle ville TX 76034 5203 Herita a Ave Saint Ma 's Romanian Orth Ch 3801 Glade Rd Colleyville TX 76034 3801 Glade Rd Sauer, Kenneth W Etux Sall 5017 Roberts Rd Colleyville TX 76034 5017 Roberts Rd Scott, Larry P & Laurie A Llc 1915 Yorkshire Ct Lincoln NE 68506 3830 Glade Rd Scribner, Ted Etux Deana 5201 Roberts Rd Colle ville TX 76034 5201 Roberts Rd Shetty, Suresh Etux Shakunthal 3808 Bur Oak Dr Colleyville TX 76034 3808 Bur Oak Dr Siminski, James Thomas 5116 Post Oak Trl Colleyville TX 76034 5116 Post Oak Tr Slechta, Dennis P 3900 Heritage Oaks Dr Colleyville TX 76034 3900 Herita a Oaks Dr Sohn, Taesik Etux K u Nam Sohn 3608 Amberle Ct Colleyville TX 76034 3608 Amberle Ct Somerset Custom Homes Ltd PO Box 92984 Southlake TX 76092 5056 Copper len Cir Somerset Custom Homes Ltd PO Box 92984 Southlake TX 76092 5061 Copperglen Cir Tak Enterprises Inc PO Box 171676 Arlington TX 76003 5209 Heritage Ave Tak Enterprises Inc PO Box 171676 Arlin ton TX 76003 5209 Herita a Ave Tak Enterprises Inc PO Box 171676 Arlington TX 76003 5209 Heritage Ave Thetford, Jerry Etux Faye PO Box 170067 Irving TX 75017 3711 Glade Rd Tran, Tam Thi 3613 Amberley Ct Colleyville TX 76034 3613 Amberle Ct Wall, Lar Etux Laurie 5132 Post Oak Trl Colle ville TX 76034 5132 Post Oak Tr Warbrouck, James R Etux Sharon 3804 Bur Oak Dr Colleyville TX 76034 3804 Bur Oak Dr Weinberg, Christina M PO Box 8800 Dayton OH 45401 3712 Bur Oak Dr Whitlock, Paula D Etvir Ronnie 5120 Post Oak Trl Colleyville TX 76034 5120 Post Oak Tr Notification List Wieting, James L 3704 Bur Oak Dr Colleyville TX 76034 3704 Bur Oak Dr Williams, Alfloyd Jr 5128 Post Oak Trl Colleyville TX 76034 5128 Post Oak Tr Wlo Enterprises Inc 5005 Heritage Ave Ste 100 Colleyville TX 76034 5005 Heritage Ave Curtis Youn ,applicant 1130 N. Carroll Ave, Suite 200 Southlake TX 76092 applicant Public hearing notices were mailed on Monday, March 8, 2010 by Amy Shelley Letter of Opposition Phillip and Jill Chapman 5100 Post Oak Trail Colleyville,TX. 76034 April I5, 2010 Community Development Board, We are writing this letter to establish our opposition to the proposed zoning change for the property next to ours in the Heritage Oaks housing development. When we were inquiring into and eventually bought our home the builder and developer told us the property next to ours would also be a unit of six townhomes. This, among other factors, appealed to us as it would maintain an attractive continuity of structure and a living space configuration which we liked. Specifically that our front door, which is on the side of he building, would face the front door of the adjoining unit. Additionally, our outdoor patio would share a common fence with the patio next door. This is the way all of the other townhome units are configured and we knew exactly what we were buying. Our home is on the end of the unit of six homes and is the last unit that was built. This puts our front door and windows facing the side of one of the proposed villa homes. We do not know which model of villa is to be built there. We do not know whether or not our windows and front door would be looking into the neighbors living room, bedroom or a large brick wall. Our opposition is that we could be exposed to an unattractive and unappealing view from our home. This is not acceptable and had we .known that was a distinct possibility we may have considered another home at another development. There is the possibility that an air conditioning unit could be located at or near our front door or patio area. This would be a situation which is not acceptable to us. We ask that this proposed change from a townhome unit to villas not be approved. The lot next to us would be the last property to have townhomes and would maintain a continuity of appearance at the periphery of the development property. It could also be that more property tax revenue would benefit the city if six versus four homes were on the property. We also do not know how this transition of housing style might affect the property value and appeal of our home should we choose to sell in the future. Colleyville is justifiably proud of its status in the metroplex and we are happy residents. We ask this board to maintain the high architectural standards of the city and to not approve this particular zoning change application. Thank you for your time and consideration concerning this important matter. Sincerely, Phillip Chapman Jill Chapman RECEIVED APR 1 ~ 2fl1 Per ............. Letter of Support From: Wally Pitts Sent: Tuesday, March 16, 2010 9:41 PM To: Amy Shelley Subject: Re: Case ZC10-005 Amy- We are Happy with the change Wally & Shari Pitts 3612 Amberley Court Colleyville, TX 76034 Statement of Planning Objectives }~ P.X'i~G~ ~Pi ~ G~ C d-~~e~yv%l~i, rexa~- st~-~Il~.~- of ~ o~~,tw~-- ~~~y, ZoY o The subject of this zoning request is Heritage Oaks, nn existing PUD-R of 22.765 acres, situated generally along the west side of Heritage Ave. and north of Glade Road, in the City of Colleyville, Texas. The existing Heritage Oaks PUD-R zoning (approved in 2006, revised in 2009) allows for a total of 40 attached Townhouse lots and 63 Single Family Detached lots on private streets and alleys, accessed from Heritage Avenue via gated entries. The project contains a generous amount of area reserved for open space, preserving many of the existing trees. Last year's PUD-R amendment introduced the new SF- Detached product to the project, which- we are happy to report- have been very well received. Of those 63 lots, 44 are 40' wide lots and only 19 are 50' wide. The 50' lots have proven to be in high demand, however, so in part this request is in an effort to convert some of the 40' lots into 50' lots, in order to meet that demand. In addition, 34 of the 40 townhomes have been built and all of which have been sold, including the models. Therefore, and in recognition of the demand for more of the detached homes (especially those on 50' wide lots), we are proposing to convert the last 6 un-built Townhome lots into 4 SF-Detached lots (3 C~ 50', 1 @ 40'). The summary result of these two changes is a reduction of Townhome lots from 40 to 34; a reduction of 40' SF- Detached lots from 44 to 40; and an increase of 50' SF- Detached lots from 19 to 26. (The net increase of SF- Detached lots is 3). The total number of lots is reduced from 103 to 100. As each SF- Detached lot requires two additional parking spaces (beyond the two in the garage), we are also proposing the construction of 6 additional parking spaces (to account for the 3 additional SF- Detached lots). Those spaces are shown on the Zoning submittal exhibit. No additional infrastructure changes would be required, other than adjusting the utility hookups, similar to what was accomplished last year. All streets and alleys will remain, garages would still open to the alleys only, front and rear setbacks would stay the same (5' front, 3.5' rear). The side setbacks of 5' for the detached lots would be the same. All other aspects of the existing PUD-R and its conditions would remain the same. Overall density would be reduced slightly- from 4.6 du/ac. to under 4.4 du/ac. More than 30% of the site will still be maintained as permanent open space, owned and maintained by the Heritage Oaks Home Owners Assn. Primary access will remain from Heritage Ave., through the gated main entry. Secondary access will be provided from another gated entry along Heritage and a single, emergency- only gated entry from Glade Road. Extensions of and connections to the existing trails identified on the Colleyville Trail Master Plan will remain along both frontages, from the internal community sidewalk and trail system. The scale and orientation of the development has been designed to provide for and encourage a safe and inviting walking environment, passive recreation opportunities, desirable architecture and a high quality environment compatible with the rest of the city. That will not change as a result of this requested revision. C7e~ve~ wt,P.~nt" S ~ Heritage Oaks has already been fully developed in a single phase. Some utility connections will have to be removed or realigned because of the reduction of home sites; those changes will commence as soon as zoning, re-platting and other necessary approvals are obtained. ~ ~P>VP.~O~ ~iVl!.P~VI~ I VL~T~i~'YYLGit~l.0-VL Heritage Oaks will now have 100 homes, each with an estimated average value of $400,000, resulting in an overall value of $40,000,000 on the city's tax base. At the current tax rate of 2.694677%, the taxes generated for the city, school district and county would total $1,077,870 per year, as a result of this development. Zoning Exhibit ~~~8 `{ ! l aa~ ~. # ! ! ,#1 Ijl ~. Uai ... l Id ~ f # ! # ~ 1 ~ Ili e i ! ' ii # i ~ ~ ~ a a ~ p ~ y0 N c ~' ljj ~ 1 i I 1 ft 1 '~ }°~ Of ~ ( ° ~~~~~~ \ ~ I i xf ~# ~~•~ {~ ;~ ! 1 #~F•! I ~ ~#+ ! Is~j i i~ }~ ] jlrj 1l1ji 1 ~, w ijf ,i i # ,} ~ #l f i s ~~ ~ tl='jfa ~l r} ! ,l ;~I!(~ ~; l~# I ! ~j#(i i, ~~ l; ~i-# ~~]jil i ~ ~ fig ~ a !~ r 7'S I ~ #_ #j}j r! I 1 f# =Ij•1 I I ~ I f l i {j 3 Fr !I Ij ,,~ IF•Il / g 7 t y i,l#l•~ :s li : ?~ 6:a+# ~ l ,ir ~ ~#~E~: ~ jj ~, ll ll:~ ~ji+I : ~ ~ ~ p b >! ~ x t+ !: lMl {# j~ ! j +l1e!• jj ti 'y1 i }(arlll 1 t! rt Ij #11~! ~ij'i! ! r >; A a:a w ~ s ~ ~I'~=~< ~{ 11 ( E~ 41#r, # is !•s.=# ( {(,#~f( 116- #I !~ .(I ,(#;(' # ~ rn _ 111 =! 'r • t ;_,,S . , I{;, j.e:l.=j ,a ~~ , ,i j=.'{ r<:sel _ m C ~ ~~ ~ '~ ~° ~ ~ ~ ~ g~ijlii `} ~• } ~; ~+}~1 }~ ;{ 3;(! 1 rl,i~111j4~ ((I 9; }} ;((il j1f~l~ ! g 4 =' ~ ~$g~ rF~• o ~ 5 ~ ~ ~ Ei if{ji:! ~~ it ii 14l ili~~ pi ii (}}3 i il+j}If# 1+ j±~ i~ i# E(iil ~{{(ir ! ~ ~ ~ ~ s N ~~ ~ ~~ ~ x ~ ~ 9 ~lEti1~ ~1 #I ~+.# ±i ~ # FI FI F ~ it # ~ ~ I p` i~i B: #} ~ {{ # 3 i ~ ~~~ s ~~ ~g~~~ g~~~~~ ~~ ~~~~ ~~~~ ~ ~~~.. , ~>~$~ _¢ ~ ~ ~~~.~~ ~~~ ~~~~~~~ ~~ ~~~~- W '~ ~~~~ ~~~~~ ~~ ~ ~~~ 3 s ~~~~~ ~~ ~~>~~~ r` ~ ~~ ~ ~~_~ I '~' 1 ~~ ,~ ,-~-- Iii I~;I,RI I I I I~;I~~ ~~ ~ i ~i, _- ~~ lilN~ ; ~ ' " ~ ~~ i ~~~ ~ p~~~~~~: 11 i l 1..~'Y l7 ~ y tJW ].N ..'e <56.'B~ ~~ N g 6132 ~~~ t~. ~w JOI.<e pppp d ' > w 5 ~('~` ~° j Y , ® r.~ N ®~ t m ~ ~ _......__._ ORDINANCE 0-06-1567 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 22.9 ACRES OUT OF THE G. W. MINTER SURVEY, A-1034, FROM THE AG-AGRICULTURAL DISTRICT AND THE CC1-VILLAGE RETAIL DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT- RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION WHEREAS, an application for a zoning change was filed by Mady Development Corporation on December 16, 2005, under Case No. Z-06-001; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health and 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, among other things, to 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 0-06-1567 Page 2 of 5 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 a 22.9 acre parcel of land situated in the G. W. Minter Survey, Abstract 1034, from the AG-Agricultural zoning district and the CC1-Village Retail zoning district to the PUDR-Planned Unit Development Residential zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for single-family attached town home residential development, constructed at a maximum density of 5.5 dwelling units per acre. b. A maximum of 124 dwelling units shall be allowed within this PUDR and no more than one dwelling unit shall be allowed per each platted lot. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family attached-homes with no more than one dwelling unit Ordinance 0-06-1567 Page 3 of 5 allowed per each platted lot b. Parks and open space 4. RESIDENTIAL LOT RE4UIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Lot Coverage 5. OPEN SPACE 2,700 square feet 30 feet 90 feet 5 feet none 3.5 feet 90 percent a. This development shall provide not less than twenty-five (25) percent common open space, which shall generally be configured as shown on Exhibit "D". All open space areas shall be landscaped and maintained by the Homeowner's Association. b. No more than 25 percent of the open space areas shall be utilized for storm water detention or retention. 6. SCREENING a. b. c. d. A wrought iron fence, not exceeding eight (8) feet in height, shall extend across the northern boundary line of this PUDR, as shown on Exhibit °D". All boundaries adjacent to another property shall be board-on-board fence, not exceeding eight (8) feet in height as shown on Exhibit "D", except for the northem boundary covered in paragraph a. above and except for the western boundary, which is covered in paragraph c. below. Adjacent to the western boundary line of this PUDR, as shown on Exhibit "D", there shall be an eight (8) foot tall stone or masonry screening wall. Adjacent to street frontages, there shall be either a wrought iron fence, masonry fence or a combination wrought iron fence with masonry columns, not exceeding eight (8) feet in height, provided that the fence may be set back at a location within the open space area adjacent to Heritage Avenue. Ordinance 0-06-1567 Page 4 of 5 Sec. 5. 7. SIDEWALKS AND PATHWAYS a. The developer shall construct a ten (10) foot wide trail where this development fronts Glade Road. Said trail shall be situated within a dedicated trail easement or trail right-of-way. Said trail shall be constructed in accordance with the requirements of the Colleyville Land Development Code. b. Sidewalks shall be constructed adjacent to street frontages by each homebuilder. Sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 8. PRIVATE STREETS a. This development may be developed as a gated community with private streets in accordance with Chapter 10 of the Colleyville Land Development Code. 9. OTHER a. Retention ponds constructed in this development shall contain not less than one aeration device, such as a fountain, waterfall or underwater device, which shall be approved by the Colleyville Engineering Department. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order Ordinance 0-06-1567 Page 5 of 5 to protect the pubic 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 re ding and public hearing being conducted on the ~ day of 2006. t The second reading and public hearing being conducted on the o?/ ~ day of 2006. ATTEST: ' o. CITY OF COLLEYVILLE ~~- ~~~~=~ ~~~~~, Cynthia Singleton, TR David Kelly o City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: ~. ~r Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map Exhibit B -Metes and Bounds Description LEGAL DESCRIPTION BEING all that tract of land in the City of Colleyville, Tarrant County, Texas, a part of the G.W. MIN3'ER SURVEY, ABSTRACT No. 1034, and being a part of that 17.609 acre tract of land conveyed to Annie Orene Rogers as recorded in Volume 4839, Page 726, Tarrant County Deed Recoctils, all of that tract of land conveyed to Mrs. Annie Orene Rogers as recorded in Volume 4844, Page 360, Tarrant County Deed Records, all of those tracts of land conveyed to Bill C. Rogers and Gloria Rogers Revocable Living Trust as recorded in Volume 14662, Page 237, and Volume 14662, Page 239, Tarrant. County Deed Records, all that tract of land conveyed to Rogers Family Trust as recorded in Volume 16755, Page 67, Tarrant County Deed Records, all that tract of land conveyed to Rogers Marital Trust as recorded in Volume 16755, Page 68, Tarrant County Decd Records, all of that tract of land conveyed to Lille Bench as recorded in Volume 3674, Page 532, Tarrant County Decd Records, all of that 0,318 acre tract of land conveyed to Brenda Carol Ray as recorded in Volume 12863, Page 124, Tarrant County Deed Records, all of Lot 2, Block 1, Walgreen P1aTS, an addition to the City of Colleyville as recorded in Cabinet A, Slide 3861, Tarrant County Plat Records, and being further described as follows: BEGINNING at a ono-half inch iron rod found for corner in the south line of said 17.609 acre tract, said point being the northeast corner of Heritage Family Dentist Addition, an addition to the City of Colleyville as recorded in Cabinet A, Slide 2999, Tenant County Plat Records, said point being in the west line of Heritage Avenue (variable width right of-way);. THENCE South 71 degrees Ol minutes 38 seconds West, 180.41 feet along the south line of said 17.609 acre tnict to a ono-half inch iron rod found for corner, said point being the most northerly northeast corner of said Lot 2, said point being the northwest corner of said Heritage Family Dentist Addition; THENCE along the common Iines of said Lot 2 and said Heritage Family Dentist Addition as follows: South Ol degrees 33 minutes 08 seconds East, 59.70 feet to afive-eighths inch iron rod found for comer;' North 89 degrees 10 minutes 30 seconds East, 171.18 feet to a Svo-eighths inch iron rod found for corner, said point being in the west line of Heritage Avenue; THENCE along the east line of said Lot 2 and along the west line of Heritage Avenue as follows: South Ol degrees 13 minutes 21 seconds East, 16.11 feet to afive-eighths inch iron rod found for corner; . South 00 degrees 28 minutes 10 seconds East, 189.20 feet to a ono-half inch iron rod found for corner; Southeasterly, 0.95 feet along a curve to the right having a central eagle of 00 degrees 03 minutes 26 seconds, a radius of 950.00 fcet, a tangent of 0.47 feet, whose E C E I V E [ DEC 1 6 200 Per ..:......... chord bears South 00 degrees 26 minutes 27 seconds East, 0.95 feet to afive-eighths inch iron rod found for corner, said point being the northeast comer of Lot 1 of said Block 1; THENCE South 89 degrees 31 minutes 50 seconds West, 307.60 feet to afive-eighths inch iron rod found at the southwest corner of said Lot 2, said point being the northwest comer of said Lot 1, said point being in the east line of said Bench tract; THENCE South Ol degrees 55 minutes Ol seconds West, at 235.29 feet passing a tree for corner, said point being the southwest comer of said Walgreen Plaza, in all a total of 265.71 feet to a point at the southeast comer of said Bench tract, said point being in Glade Road (a prescriptive use right-of--way at this point); THENCE South 89 degrees 27 minutes 50 seconds West, 155.34 feet along Glade Road to a point at the southwest comer of said Bench tract from which aone-half inch iron rod found bears North OS degrees 55 minutes 20 seconds West, 22.75 feet; THENCE North OS degrees 55 minutes 20 seconds West, 560.00 feet to a one-inch iron pipe found at the northwest comer of said Bench tract, said point being in the south line of said 17.609 acre tract; TFIENCE along the south line of said 17.609 acre tract as follows: South 71 degrees 32 minutes 26 seconds West, 187.25 feet to a nail found for comer, said point being the northeast comer of that tract of land conveyed to Ben F. and Winnolee Goodrum as recorded in Volume 10073, Page 1786, Tarrant County Deed Records; South 71 degrees 07 minutes 51 seconds West, 205.24 feet to a one-half inch iron rod found for corner, said point being the northwest comer of said Goodnun tract, said point being the northeast corner of that tract of land described as Tract 2 wnveyed to Derek Neubauer as recorded in Clerk's Document Number D203199839, Tarrant County Deed Records; . South 66 degrees 35 minutes 48 seconds West,.185.99 feet to a one-half inch iron rod found for comer; South 03 degrees 53 minutes 23 seconds East,' 77.77 feet to a one-half inch iron rod found at the most southerly southeast corner of said 17.609 acre tract, said point being the northeast corner of said Mrs. Annie thene Rogers tract; THENCE South 04 degrees OS minutes 13 seconds East, 264.10 feet to a point at the southeast comer of said Mrs. Annie Orene. Rogers tract, from which. aone-half inch iron rod found bearsNorth 04 degrees OS minutes 13 seconds West, 6.98 feet; THENCE South 88 degrees 38 minutes 17 seconds West, 40.00 feet to a point at the southwest corner of said Mrs. Annie Orene Rogers tract, from which aone-half inch iron rod found bears North 04 degrees 05 minutes 28 seconds West, 7.41 feet, said point being in the east line of Pleasant Glade Baptist Church Addition, an addition to the City of Colleyville as recorded in Cabinet A, Slide 7691, Tarrant County Plat Records; R E C E I V I nrr 1 C ", THENCE North 04 degrees OS minutes 28 seconds West, 264.51 feet to a one-half inch iron rod set at the northwest comer of said Mrs. Annie Orene Rogers tract, said point being in the south line of said 17.609 acre tract, said point being the northeast comer of said Pleasant Glade Baptist Church Addition; THENCE South 89 degrees 15 minutes 55 seconds West, 145.36 feet to a point at the southwest comer of said 0.318 acre tract; THENCE North 00 degrees 33 minutes OS seconds West, 456.17 feet to a one-half inch iron rod set for comer; THENCE North 00 degrees 48 minutes 20 seconds West, 304.48 feet to a one-half inch iron rod found at the most westerly northwest comer of said 17.609 acre tract, said point being the northeast comer of that tract of land conveyed to Ted Scribner, et ux as recorded in Volume 5564, Page 899; Tarrant County Deed Records, said point being in the south line of that tract of land conveyed to Thomas A. Arnold as recorded in Clerk's Document Number D203464501, Tarrant County Deed Records; THENCE along the north line of said 17.609 acre tract as follows: North 89 degrees O1 minutes 26 seconds East, 169.95 feet to a one-half inch iron rod found for comer, said point being the southeast corner of said Arnold tract; North 00 degrees 29 minutes 07 seconds West, 90.11 feet to a one-half inch iron rod found for corner, said point being the southwest comer of Lot 1, Block 1, Heritage Avenue Middle School Addition, an addition to the City of Colleyville as recorded in Cabinet A, Slide 1192, Tarrant County Plat Records; North 89 degrees 30 minutes 57 seconds East, 1076.39 feet along the south line of said Lot 1 to a one-half inch iron rod set for corner; said point being in the west line of Heritage Avenue, said point being the northwest corner of that 0.212 acre tract of land conveyed to the City of Colleyville as recorded in Volume 11930, Page 1410, Tarrant County Deed Records; THENCE South 41 degrees 09 minutes 54 seconds East, 403.64 feet along the.west line of Heritage Avenue to the POINT OF BEGINNING and containing 998,134 square feet or 22.914 acres of land. "This document was prepared under 22 TAC 663.21, does not reflect the results of anon the ground survey; and is not to be used to convey or establish interests in teal property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Exhibit C -C©nceptual Site Pten ~~,~ °-°~ P~- a__ _ -- il: '~:3 .~,~4~,.~.,a. ~'' ~ ~ Vii; ,~ - -~ ~ ~ ._. F { ~~ 1 ~~ sl Exhibit D -Open Space and Screening Plan f y ~ 5~j {{* II I j a e I~ t ~~, (t ~ ru~•ace ~ hi '~ p , ~ ~~ ~ ~ , tt , ~ i f 1 ~_ ! ,r ~ f ' a ~rf ~F ~G II ~I ~j I ,1 3i ~' , ~I ~ " i t ~t• I i ~' I~ ~ ~ i ~~ ! i' , t c. i r t z,' rl i i'! t ~ { e L. I '~i~ ~~ i ~ ;~ i~ I ~~ I; a~; I A J i . , +' , ,. , ~ it ' ~I i~° ~~ t L r ~~~J ~~ ~ ~ ~ as `~ j ;i ~. ! ~' !s ii i~ rx ! ~ I' S, I`' !E ! t I~i ? II . !~ ,'i N_ ~, -,.~ ,_ ,. ~..:..~ .,. . ~ ~ ~ ~ 7 .: ~ rr- t ,: ~~ i ,, .._ ~ _,.,_... _.t y •• ~ ~ _ a a ~~ { 7, , / -. ,.'~+ -.,. - ` y; F ~ ~ c < t iii .~ . _ „ _ j 4 `. ._ ~ ~ i ~~_~ . ~ , s ~ ; ~ ;~ ,,,~,~,~ ' , '~~ ~ ._. _. jai i(i ._ '_, r+~9 i ~ '~' t_ $. .: ~ ~ ~ ~. ~ ' S4. i~ ~: ,, ~ _. _. ,. 1 1 ,~w •. ~' .. ~ ~ ~~; , t ?~ ~f f ` f R ~ ~ ,~ '; r ` I V Y 1 - •f A ( _• ., i` ~ ,. ;_ ` "r ~,W' ~' ..._ _,..__ Y w ~~~ ~. ~~~` s ~: ~' ~ ~ 1 .V ~..~ ORDINANCE 0-09-1715 AN ORDINANCE AMENDING ORDINANCE 0-06-1367 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-06-1567 on March 21, 2006, to establish residential zoning on approximately 22.9 acres now known as Heritage Oaks Addition; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to .promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-09-1715 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O- 06-1567. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 22.9 acres of the Heritage Oaks Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map and Exhibit "B" labeled as Site Plan. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single family attached and single family detached dwelling residential development, constructed at a maximum density of 4.6 dwelling units per acre. b. A maximum of 103 total dwelling units shall be allowed within this PUDR and no more than one dwelling unit shall be allowed per each platted lot. 2. PERMITTED USES a. Single family detached and attached homes with no more than one dwelling unit allowed per each platted lot. 3 RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions: h a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Lot Coverage Single-Famlly Attached Single-Famlly Detac F 2,700 sq. ft. 3,600 sq. ft./4,500 sq. 30 ft. 40 ft./50 ft. 90 ft. 90 ft. 5 ft. 5 ft. none 5 ft. 3.5 ft. 3.5 ft 90% 75% Ordinance 0-09-1715 Page 3 of 4 4. OPEN SPACE a. This development shall provide not less than thirty (30) percent common open space, which shall generally be configured as shown on Exhibit "D" of Ordinance 0-06-1567. All open space areas shall be landscaped and maintained by the Homeowner's Association. 5.OTHER a. All single family detached dwellings must be equipped with a fire sprinkler system and approved by the Fire Marshal. b. A replat shall be submitted and approved by the City Council, prior to issuance of a building permit for any single family detached dwelling. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinance 0-06-1567 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. Ordinance 0-09-1715 Page 4 of 4 The first reading and public hearing being conducted on the o2~~ day of 7~it~.~ 2009. second reading and public hearing being conducted on the ~~ day of Q~.c...P 2009. ATTEST• ' Cynthia Singleton, TRMC, MC City Secretary CITY OF COLLEYVILLE G~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: V ,• ~` Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map ~„ 5309 5303 5207 5205 5201 5113 9J17 i 5042 3708 3608 3612 AMBI 3613 3sos 36os 3604 3608 3612 AG 5300 5180 ~~. 5D 5052 Sofa 5n56 50D8 9D60 9364 9005 ~y i9 i7 e1 re8 :069 GLADE RD 3809 PUDR PUDR ~~ 5110 asoo Exhibit "B" -Site Plan -_ E trsling lonrng: A(; x _~ . _ _ _( ~, ....~~_-_--. ~-''`: ~ ~ /~ PRESERVE r - ,,~-.. { _S~ i _ _ i i ~~ j ~ aFt ~s.r ~ ..-^" .L..r n...~++... ,.,- ~ ! r _ i ! ~ ~ ~ ~/ s ~ ^ d _. .. ~ .. y ~ ` ' II ~ a, ; 1~__ ,' ~ ~ ~ ~1 w ~, 1 ~ ~ , _ _ _ ; ' QPEi4 SPACE I - _ ,, _ f ___. ~,.. - ..• ~ l ~ .. ~ _ { !! ~ ~11tiTlbnrcl)•,~ PIe~+R :. r r I ~'., ~..- • _- ,~ I i ~ ~ -. ~• + ... __ ,, ~ r t - - . i -t ~ ~~} r 8 t `. -_ , ` 1 c I slenri~(llvtlnl •. ~ ~ ~ JI i } ,, ... 1V .. ... ~~, w • I ... ... .. ., t - _ I ,. - ~ ~, 1, l ~ ~ ~ ~t ~ __ w = ~.. ~ ~ 1 ~~. ,,. ; - ,_ ~ ~~ ~.~ a R ~ ~_,..~_ :: r;,,- + cw«vJryv.+ S '<, •~; ~ ~- ~ ( I"" i _ nruaz•z>Y~('au 1 ~`~° .• .5 ~ - - _ .... t' { ~ 1 '. ~ - - . ~ ~ ! ~~ *-a= _. • i K ~ ly, ~ `,_ ', ~ ' ! _ _ . , - ill - ' ~ i + ~' 1 _T f , •. ~~n~ ! _, II ~ ~ ~ ~. 1~ . ~.I , L...Y, _ - a.>r - - - CIF' .. •- _- - • .~ ~ ~ ~ r ! r. wuw.uy I i - . r. __._.. - _ y • ~. ~ I 'W1N'.yM ~WttWIl1V~Hnn ~! \ f ! ~ "•. - - - t ~ .FYYe+f,.\I Ft1aMn~l7n;p~PL1(~R.., !" 1! I 1 r,l. .. i ~ !, ~ glolsin~;tAG ~ I -- - ?a1' 1.!' ~ ! " - .. li ~ f ~-..., _.. - . ~ -- _1 _. I{tlsl n~ _y °. it _ _ _ ! _ ~ - ' ~,. ! ~ ¢ I ! 1 ~ ..6' WN<+ Y ~ l ~ ~i I i - t .. -, r ~ c an 1.... _ ' ' f -- i l I ~ _ .... - - ~; i _ I ~a l ._ r . ~. __~_~ .:~ - ~ ~~YVna/YY ~~-` "* [WMY `~sl +YYm . ai 3.A L._r.Jy • ( :ktltl.3<Mb' ' i - 1 I~~Nu _...~ .-~ .__ 1 M Y 'w ~~~~_ IAORM-C f Cr'aflA,~_.- J . +..~"*~` i ~• ,~ _ ~ y~• ri 1 ~r aw ~~ GRQ.P LI•r _..- _ __. -_-__lrtr~m'l ..~M1 '. ~a it ~ v4 •~ `a vn- ~.~«. ~, GlA{)E ROAp wttnmm _.. _. _. _.. _. ..__. _. .. .. ._._. ,... yo-.,.. ,. ~.«...,.. ~... ORDINANCE 0-10-1749 AN ORDINANCE AMENDING ORDINANCE 0-06-1567 AND 0-09-1715 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-06-1567 on March 21, 2006, to establish the zoning of 22.9 acres out of the G.W. Minter Survey, Abstract 1034; and WHEREAS, the City Council approved Ordinance 0-09-1715 on April 7, 2009, to amend the residential zoning district requirements on approximately 22.9 acres known as the Heritage Oaks Addition; and WHEREAS, the applicant has requested an amendment to Ordinances 0-06-1567 and 0-09-1715 to further amend the residential zoning district requirements on approximately 22.9 acres known as the Heritage Oaks Addition under Case ZC10-005; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-10-1749 Page 2 of 4 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinances O- 06-1567 and 0-09-1715. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 22.9 acres of the Heritage Oaks Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map and Exhibit "B" labeled as Site Plan. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single family attached and single family detached dwelling residential development, constructed at a maximum density of 4.4 dwelling units per acre. b. A maximum of 100 total dwelling units shall be allowed within this PUDR and no more than one dwelling unit shall be allowed per each platted lot. 2. OTHER a. A replat shall be submitted and approved by the City Council, prior to issuance of a building permit for any single family detached dwelling. b. Off-street parking required for this development shall meet all requirements of the Land Development Code except that, in lieu of parking off-street, required parking for single-family detached Ordinance 0-10-1749 Page 3 of 4 homes may be located along the private streets within the development subject to final approval of the Public Works Director. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinance 0-06-1567 and 0-09-1715 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. Ordinance 0-10-1749 Page 4 of 4 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map 5311 5309 s3o3 ~ AG 5300 szw szos 5280 142 B 5201 t 141 1a4 t 7 `,~ i ~ ~ y .~ a O 123 } '~ ~ t 3128 n 5 , , PUDR szs6 4~ s, ti A ~ ~ SITE y~ „ 5113 108 5110 100 ~~A 50a4 53 A 9017 50 N ~ ~, X49 BLACKJACK 2r a 9]42 20 53 ~ `_052 57 16 ,9017.'. 9313 3J56 91 12 5009 5060 85 5008 9)64 5069 3708 :9004 ~]OS GLADE RD 3609 3608 3612 AMBE 36,3 PUDR 36os 3sos asoo 36oa 3sos 3612 Exhibit "B" -Site Plan ~.~~ T _ ~ 1:x i.unv. l.uvng..11i .,~.~-„ecxm ~ _.{ .. - - _~ ~ .., F a _ _ , '- - _..._ ..- - ~ .--.-r. ,. - --_..- -,~.T..._. ~ T~ I ~ ~ SPA acN ~I ( ~, ,.~, '~ ~,,~~_ .~~ , - ~ : ~ ~ ~ ~ES~~ -.~-_ _ - ~ ~ ~ r_ ~° E ~~_' 1_ __~__ 1e1 ~ ~ _- ._ ~,-~s~ _ ~ __ ... _. - ~- ._ ~ ~ ~, , a :-" ,~ `~ ~ ~ z ux ~ ~~ _~ ~ r- ,~ ~ -- ~ ~ ~ _. ~~~~;- - . _ -- ~ ~ , __ ~ ~ ~ ~~~ ~ 'UPEN SPACE r' "' ~ ~ - l it 1 ~ - ~ ~~~ r~ - - ~' ~ '"- '' ~ ~ PRESERVE ~ .. _ - ~ .. ~ a ~ ~ r -._..-- --/ t +~T ~ ~.~ r~r.~Fr~~~~i'~~n - - ~ ~. ~. ~ ~, ~ ~ ~ . , -~ { ~L _~ ~ e i ~- rl --i ~ ~ ._ ~,ir ~- ~ _ __ ,~ ~ ~ ) _ ~' I ~ ~ i <~ ~ " ~ y . Exi ui L~yii~i~~ ~. i _ _ ~" ~ ~ _. ~ ~ ~ u - 7r ~ C~ Ili n I ~q c ~ ~ ~ I ~ y I ~ __ ` t ~r ~ -1~ r '' I ~ fit i ~ ~ , j~~~- ~ °~ ---~ _ --- ~ ---_ _ r.. - .~ ~~ ~ ~ r ~ ._ _- t ~ r---^'~ ~~ ~'' ~~"~v _ ~I .ii - _r __ _. 11 4 _ ~ ' r r ~ ~ ~. ," ~ ~ 4 t ~~, ,u , i .,~~'` -- ~'1 " , "'J' ~.. » r ,., _ _ ~u ~ ,"~ w<~e.e. r r'r ~ ..~ ~ ~ ^' , i Y C _ J ~ ~ 4 ~; R . 1 '~ -^' (' _ -- is „ r I 4 '. i 1 R ~ ~, - ~ .,,.~. ~ ~ r ~, t ~ f ~. y °•_.~ ~~ _ ,. ._.. `. s .•~ ~. ^y _ r `~l ~ I ~ ,,, ~ ~ R ~ ,.. ~ .. ~ T , ~ t _ ~~~ '1 r I ..~~ .ti ,, .._ ~., r. r 4 A.~~ ~ ~" ~ i f " r ~ ~ 7 .~ ~~__ ____) _. 1 ~ ~~ -- t ' 1t, ~ y .- _ ' ~ i I~ t .. _ r ,r r E a uni !ruin L t.1 NZ c __~ ~ :.' M..y, < ~ r,,., ~ ~ r _ . _ ~, ,, ~ ~~ ~~ ~ t ~l _i ~~ . w., n.. 4 ! n.g ai3 L ~__~ ~ r ~. ._. t 1{Ynun ll~nmcl(-t i ' ~ - - ~ ~ r ~. ~ ~ ~ ~ ~ !, , ., ~_. ~ r ~ i r - ..,:.. >.,, ~ ~ t ~, r ~ _..._. ~ 1 i^} ~' i 1 j '_ ,~ a.._ ` r % ~ ! ~r 1 ... - -- i- i_~ _.. f. l ~_ ._. ...... - G - ' --~ t ...... _ ~ - . .-~- ..-~ ..v~ - , . , „_. t,, ,m -- .. _ /..' -~-~ "~~ City of Colleyville 100 Main Street 1~~, Celleyville, Texas 76034 r~~°~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-10-1750 File Number: 0-10-1750 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 05/04/2010 Agenda No.: 5b Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of amendments to Chapters 1, 2 and 3 -Land Development Code regarding alcohol regulations, Case GC10-002 Attachments: Proposed Land Development Code Amendments related to Package Stores Active Special Use Permits for the Sale of Alcohol for Off-Premise Consumption Package (Liquor) Store Zoning Requirements in D/FW Cities over 10,000 in Population Ordinance 0-10-1750 History of Legislative File Version: Date: Acting Body: Action Text: 1 04/12/2010 Planning and Zoning Commission 1 04/20/2010 City Council 1 05/04/2010 City Council Title Approval of amendments to Chapters 1, 2 and 3 - Land Development Code regarding alcohol regulations, Case GC10-002 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the April 20, 2010 meeting. First Reading and Public Hearing Staff proposes amendments to the alcoholic beverage regulations contained in the Land Development Code that would allow the City to regulate package (liquor) stores consistent with the City's current alcoholic beverage regulations. The proposed amendments were presented to the City Council at the March 23, 2010 Pre Council meeting. Upon completion of the presentation by staff, the City Council directed staff to bring the amendments forward for City Council consideration at a future meeting. Local Option Election. A citizen driven petition was filed with the Tarrant County Elections Administrator in December 2009 in order to call a local option election, administered by the Tarrant County Elections Administration, to allow package store sales of liquor for City of Colleyville Page 1 Printed on 4/29/2010 Agenda Briefing Continued (0-10-1750) off-premise consumption in Colleyville. This petition was certified with the required number of qualified signatures to call an election. The election will be held on May 8, 2010. This petition was not initiated or sponsored by the City of Colleyville. In anticipation of the election, staff reviewed the City's alcohol regulations. The City currently requires a Special Use Permit (SUP) for the sale of alcoholic beverages, whether for on or off-premise consumption. Of the nine existing SUP's for the sale of alcoholic beverages for off-premise consumption, only two of nine specify an allowance for beer and wine sales only. The remaining seven SUPs simply allow the sale of alcoholic beverages with no specification for beer and/or wine. Proposed Amendments. On advice from the City Attorney, staff proposes amendments to the Land Development Code that would require a separate SUP for a package store and adds language that forbids all current SUPs from obtaining a package store permit without obtaining a separate SUP. These amendments would also be intended to allow the community to regulate the location as well as the development standards, of any proposed package store, consistent with the City's existing alcoholic beverage regulations. There would be no changes to the alcoholic beverage regulations located in Chapter 6 of the Code of Ordinances. The proposed amendments are attached to this briefing and involve the following changes: Adding a separate SUP requirement for package stores to Chapter 1, General Provisions in the Land Development Code; - Adding a definition for a package store to Chapter 2, Definitions in the Land Development Code; - Adding a separate use for a package store to the Table of Permitted Uses found in Chapter 3 of the Land Development Code. In keeping consistent with existing SUP for alcoholic beverage requirements, staff proposes allowing package store sales in only the CC1-Village Retail, CC2 Shopping Center and CC3-Highway Commercial zoning districts, contingent upon the approval of an SUP. Adding a provision to Chapter 3, Land Use in the Land Development Code. in the Special Land Use standards section, that prohibits existing SUP for off-premise alcoholic beverage sales locations from converting to package store sales without first obtaining a separate SUP for package stores. To be effective, the amendments must be approved prior to the May 8, 2010 local option election. Therefore, adherence to the following timeline is required in order to adopt the amendments prior to the election: Planning and Zoning Commission consideration: April 12, 2010 City Council First Reading: April 20, 2010 City Council Second Reading and adoption: May 4, 2010 City of Colleyville Page 2 Printed on 4/29/2010 Agenda Briefing Continued (0-10-1750) Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval at the April 12, 2010 meeting by a vote of 6-0. Financial Impact There is no financial impact to the City. Recommendation Approval City of Colleyville Page 3 Printed on 4/29/2010 Proposed Land Development Code Amendments related to Package Stores Additions are underlined, and deletions have s~iket~eaghs. Chapter 1 -General Provisions: Section 1.18B(4)(b)(i) "Alcohol and Package Store SUP Requests - When a rezoning application includes a provision for a Special Use Permit for the sale of alcoholic beverages or a package store, the written notification of the public hearing stated in the preceding paragraph shall be sent to all owners of real property lying within five hundred (500) feet of the area being considered. The land area within 200 feet of the proposed Special Use Permit shall be used to calculate whether a protest against the request would require asuper- majority vote of the City Council to approve the Special Use Permit. (Ord. 0-03-1399 / 04-15-2003)." Chapter 2 -Definitions: "Package Store - A retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission to the public for the purpose of off-premise consumption." Chapter 3 -Land Use: Section 3.24(Bl(G) Table of Permitted Uses -Retail and Service Uses Non-Residential Districts Residential District Land Use Classification Special Parking Land Use Group c7 w °a ~ ~°, r o ~ = n0. z v v v v ~ ~ Standards a ~ ~ a o: ~ ~ ~ ~ v v v v G. RETAIL AND SERVICE USES Alcoholic Beverage Sales Beer S S S 13 n.a. and Wine Only) -Off-premises Consumption Alcoholic Beverage Sales - On- S S S 13 n.a. premises Consumption Package Store Sales - Off- S S S 13 n_a. premises Consumption Chapter 3 -Land Use: Section 3.24(C)(12) 12. Alcoholic Beverage and Package Store Sales - A Special Use Permit is required for the sales of alcoholic beverages. A package store shall require the approval of a separate Special Use Permit Any existing Special Use Permit for the sale of alcoholic beverages for off-premise consumption shall only be for beer and/or wine as specified in the approving ordinance and shall not be considered as approval for a package store as defined in Chapter Two. Also refer to Chapter 6 of the Code of Ordinances for additional regulations regarding alcoholic beverage sales. Active Special Use Permits for the Sale of Alcohol for Off-Premise Consumption Ordinance Location Business Restrictions Off-premise consumption; alcoholic 0-81-430 4200 Glade Rd. Hall's Grocer bevera es Retail sale; Storage, display, & sale area 0-92-861 4000 Glade Rd. Albertsons restrictions; alcoholic bevera es 0-93-909 461.2 Colle wiLle Blvd. Colle wi le `Texaco Off- n~enise cc~nsum tion; beer/wine Colleyville Pint Wines Off-premise consumption; Display space 0-95-994 44.05 Cc:~llevville Blvii. Mobil. for sale not to exceed 600 feet; beer/wine Off-premise consumption; alcoholic 0-99-1146 7990 Precinct Line Rd Texaco Mart bevera es Off-premise consumption - grocery/specialty/ gourmet store; After 5 yrs. void for undev. Sites; alcoholic 0-02-1337.4 Villa eat Colle ville Tivoli Wines bevera es Off-premise consumption - 0-03-1389 grocery/ specialty/ gourmet store; amended by Colleyville Town Distance provisions -schools; After 5 yrs. 0-03-1433 Town Center Center void for undev. Sites; alcoholic bevera es Via Colleyville (None Off-premise consumption - currently in this specialty/gourmet store; Distance 0-03-1432 8300 Precinct Line Rd. sho in center rovisions -schools; alcoholic bevera es 1101 Cheek Sparger Rd, The Village General Sale area restrictions; off-premise O-OS-1681 Suite 107 Store consum tion; alcoholic bevera es (^nrran} 1 ncatinnc of PrS7nP.ftIP.S Package (Liquor) Store Zoning Requirements in D/FW Cities over 10,000 in Population Zoning Specifications Action Required for Approval Total LI uor Stores q ADDISON Limited to specific area by Charter Administrative Permit 6 DALLAS Allowed by right in retail commercial zoning Administrative Permit 194 districts in wet precincts only FOREST HILL As allowed by the international zoning code Administrative Permit 3 FORT WORTH Allowed by right in retail commercial zoning Administrative Permit 93 districts in wet precincts only HIGHLAND VILLAGE Allowed by right in Retail "R" Zoning Districts Administrative Permit 4 RICHARDSON Allowed with a Special Use Permit in Special Use Permit 3 annexed area known as Buckingham THE COLONY Allowed with a Special Use Permit in all Special Use Permit 10 Retail Zoning Classifications WEATHERFORD Allowed by right in certain retail zoning Administrative Permit 5 districts Allowed with a Special Use Permit in a Town Special Use Permit 1 WESTLAKE Commercial Zoning or PUD District ORDINANCE 0-10-1750 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 1, GENERAL PROVISIONS, SECTION 1.18, CHAPTER 2, DEFINITIONS AND CHAPTER 3, LAND USE, SECTION 3.24, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding alcoholic beverage sales by adding provisions for package stores; 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 1, General Provisions, Section 1.18(B)(4)(b)(i), of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "A". Sec. 2. THAT Chapter 2, Definitions of the Land Development Code, is hereby amended by adding the definition shown in the attached Exhibit "B". Sec. 3. THAT Chapter 3, Land Use, Section 3.24(B)(G) Table of Permitted Uses, Retail and Service Uses is hereby amended by adding and amending the uses shown in the attached Exhibit "C". Sec. 4. THAT Chapter 3, Land Use, Section 3.24(C)12, of the Land Development Code, is hereby amended to read as shown in the attached Exhibit "D". 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 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 Ordinance 0-10-1750 Page 2 of 2 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 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 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" Chapter 1 -General Provisions: Section 1.18B(4)(b)(i), Land Development Code: "Alcohol and Package Store SUP Requests - When a rezoning application includes a provision for a Special Use Permit for the sale of alcoholic beverages or a package store, the written notification of the public hearing stated in the preceding paragraph shall be sent to all owners of real property lying within five hundred (500) feet of the area being considered. The land area within 200 feet of the proposed Special Use Permit shall be used to calculate whether a protest against the request would require asuper- majority vote of the City Council to approve the Special Use Permit. (Ord. 0-03-1399 / 04-15-2003)." Exhibit "B" Chapter 2 -Definitions. The following definition is hereby added to this section: "Package Store - A retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption." Exhibit "C" Chapter 3 -Land Use: Section 3.24(B)(G): Table of Permitted Uses -Retail and Service Uses Non-Residential Districts Residential District Special Parking Land Use Classification Land Use Group a ~ ~ ~ ~ ~ ~ ~ ~ cai U v cvi v ~ Standards G. RETAIL AND SERVICE USES Alcoholic Beverage Sales (Beer S S S 13 n.a. and Wine Only) -Off-premises Consumption Alcoholic Beverage Sales - On- S S S 13 n.a. premises Consumption Package Store Sales - Off- S S S 13 n.a. premises Consumption Exhibit "D" Chapter 3 -Land Use: Section 3.24(C)(12): "Alcoholic Beverage and Package Store Sales - A Special Use Permit is required for the sale of alcoholic beverages. A package store shall require the approval of a separate Special Use Permit. Any existing Special Use Permit for the sale of alcoholic beverages for off-premise consumption shall only be for beer and/or wine as specified in the approving ordinance and shall not be considered as approval for a package store as defined in Chapter Two. Also refer to Chapter 6 of the Code of Ordinances for additional regulations regarding alcoholic beverage sales." -~~"~. City Hall City of Colleyville 100 Main Street ~' Colleyville, Texas 76034 ~~~~~; Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-10-3226 File Number: R-10-3226 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 05/04/2010 Agenda No.: 6a Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of appointment of the Tax Increment Financing (TIF) District Board of Directors Attachments: Excerpt of TIF Bylaws.pdf Resolution R-10-3226.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/04/2010 City Council Title Consideration of appointment to the Tax Increment Financing (TIF) District Board of Directors Explanation Reading and Public Hearing As per TIF Resolution R-98-1, the Tax Increment Financing District Board of Directors shall consist of nine (9) directors, five of whom shall be appointed by the City Council. The governing bodies of the Grapevine-Colleyville Independent School District (GCISD), Tarrant County, Tarrant County College, and the Tarrant County Hospital District shall appoint one (1) member each to the District. As per the TIF Bylaws, directors shall be appointed by the governing bodies and shall serve for two-year terms beginning on January 1, 2009 or until their successors are appointed by the respective governing bodies. Tarrant County College Board of Trustees appointed Mr. Truitt G. Leake, Associate Director, Business Services, to serve as the entity representative on the City of Colleyville Tax Increment Financing District Board of Directors. This item provides for City Council to consider the appointment of Mr. Truitt G. Leake to the Tax Increment Financing District Board of Directors to an unexpired term of December 2010. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 4/28/2010 EXCERPT BYLAWS OF REINVESTMENT ZONE NUMBER ONE THE CITY OF COLLEYVILLE, TEXAS STATE HIGHWAY 26 AREA TAX INCREMENT FINANCING DISTRICT ARTICLE I POWERS AND PURPOSE Section 1. Financing Development or Redevelopment in the Zone: In order to implement the purposes for which Tax Increment Financing Reinvestment Zone Number One, City of Colleyville, Texas (the "Zone") was formed, as set forth in Ordinance No. Q-08-1124, dated November 4, 1998, creating the zone, the City of Colleyville, Texas (the "City") may issue obligations to finance all or part of the cost of implementing the "project plan" for the Zone as defined in the Tax Increment Financing Act of the Tax Code, Chapter 311, Vernon's Texas Codes Annotated (the "Act"). Section 2. Books and Records: Approval of Programs and Financial Statements. The Board of Directors shall keep correct and complete books and records c' account and shall also keen minutes of its oroceedings and the proceedings c~ committees having any of the autnonty of the Boara of Directors. All books and records of the Zone may be inspected by any director of his agent or attorney for any proper purpose at any reasonable time; and at all times the City Council and the Finance Director will have access to the books and records of the Zone. The City Council must approve all programs and expenditures for the Zone and annually review any financial statements of the Zone. ARTICLE II BOARD OF DIRECTORS Section 1. Powers, Number and Term of Office. The property and affairs of the Zone shall be managed and controlled by the City Council based on the recommendations of the Board of Directors of the Zone ("Board of Directors" or "Board"), subject to the restrictions imposed by law, the ordinance creating the Zone, and these Bylaws. It is the intention of the City Council that the Board of Directors shall function only in an advisory or study capacity with respect to the Zane and shall exercise only those powers, advisory in nature, which are either granted to the Board pursuant to the Act or delegated to the Board by the City Council. The Board of Directors shall consist of nine (9) directors: five (5) of whom shall be appointed by the City Council of the City; one (1) of whom shall be appointed by the goveming body of the Grapevine-Colleyville Independent School District (GCISD); one (1) appointed by the goveming body of Tarrant County (County); one (1) appointed by the Tarrant County Hospital District; and (1) appointed by the Tarrant County Junior College District (Junior College District); provided however, that if a taxing unit (other EXHIBIT A R-88-1 EXCERPT than the City) waives its right to appoint a member to the Board, as evidenced by written resolution duly adopted by the governing body of such taxing unit, the City may appoint such Boardmember in its stead. The first Board of Directors shall serve for an initial term ending December 31, 2000, or until his or her successor is appointed. Subsequent directors shall be appointed by the governing bodies of the City, GCISD, County, Hospital District, and Junior College District and shall serve for two (2) year terms beginning January 1, 2001 or until their successors are appointed by the respective governing bodies. Any director may be removed from office by the City Council; for cause deemed by the City Council as sufficient for their removal in the interest of the public, but only after a public hearing before the City Council on charges publicly made, if demanded by such Boardmember within 10 days of notification by the City Council that he or she is to be removed. In the event of a vacancy caused by the resignation, death, or removal for any reason, of a director, the governing body of the respective taxing unit (i.e. City, County, Hospital District, GCISD, Junior College District) which made such Board appointment shall be responsible for filling the vacancy. Section 2. Meetins~s of Directors. The directors may hold their meetings within a public building in the City as the Board of Directors may from time to time determine. Section 3. ReQUlar Meetings. Regular Meetings of the Board of Directors shall be held at such times and places as shall be designated, from time to time, by resolution of the Board of Directors. All meetings of the board shall be of a public nature unless pertaining to matters of land purchase, security, personnel, or strictly legal matters. Notice of all regular and special meetings of the Board and any committees thereof shall be posted in accordance with the provisions of the Texas Open Meetings Act, Article 6252-17, Vernon's Texas Civil Statutes. There shall be at least one Regular Meeting held each year in the month of July. Section 4. Special Meetings. Special Meetings of the Board of Directors shall be held whenever called by the chairman, by the secretary, by a majority of the directors then in office or upon advice of or request by the City Council. The secretary shall give notice to each director of each Special Meeting in person, or by mail, courier, facsimile, telephone, or a-mail, at least twenty-four (24) hours before the meeting. Notice of all Special Meetings shall state the purpose, which shall be the only business, conducted. Section 5. uorum. A majority of the directors holding current appointments shall constitute a quorum for the consideration of matters pertaining to the purposes of the Zone. The act of a majority of the directors present at a meeting at which a quorum is in attendance shall constitute the act of the Board of Directors, unless the act of a greater number is required by law. EXHIBIT A R-98-1 RESOLUTION R-10-3226 A RESOLUTION APPOINTING A MEMBER TO THE TAX INCREMENT FINANCING DISTRICT BOARD OF DIRECTORS TO FILL AN UNEXPIRED TERM WHEREAS, the Tax Increment Financing District (TIF) Board of Directors shall consist of nine (9) directors, five of whom shall be appointed by the City Council and four representing the governing bodies of the Grapevine-Colleyville Independent School District (GCISD), Tarrant County, Tarrant County College and Tarrant County Hospital District; and WHEREAS, in accordance with Tax Increment Financing District Bylaws, the members shall serve two (2) year terms or until their successors are appointed by the respective governing bodies; and WHEREAS, one (1) position is vacant with an unexpired term of December 2010 and the governing body of Tarrant County College appointed Truitt G. Leake to the TIF Board of Directors. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby appoints Truitt G. Leake, representing Tarrant County College, to the TIF Board of Directors to fill an unexpired term of December 2010. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS THIS THE DAY OF 2010. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ,,i ~ City Hall V ~- ~- ~ =- City of Colleyville 100 Main Street (1~5~f ~ Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Office of the City Secretary File Name: Reports -May 4, 2010 Attachments: History of Legislative File File Type: Report Agenda Date: 05/04/2010 Agenda No.: 8 Status: Reports Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 05/04/2010 City Council Title Planning and Zoning Commission Minutes -April 12, 2010 City of Colleyville Page 1 Printed on 4/26/2010 „ „~ City Hall ~-- - City of Colleyville 100 Main Street ~~ , ... ~~,~ ~~~ P~ Colleyville, Texas 76034 MlnUteS -Final 817.503.1000 ~;~:,5 www.colleyville.com Planning and Zoning Commission Monday, April 12, 2010 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND 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 April 12, 2010 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Michael Clardy Staff Present: Ron Ruthven, Jeremy Hutt and Marty Wieder 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Rotthaus moved to approve the March 22, 2010 meeting minutes with grammar corrections to made to pages 3 and 4 . Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None City of Colleyville Page 1 Printed on 4/27/2010 Planning and Zoning Commission Minutes -Final April 12, 2010 7. 7a Approval of a sidewalk waiver request on Lot 6, Pleasant Run Estates Addition located at 6600 Pleasant Run Road, Case GC10-001 Ron Ruthven presented the case and briefed the Commissioners. Mark Cameron, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Cameron if he would construct the sidewalk on Pleasant Run Road. Mr. Cameron replied he would construct the sidewalk on Pleasant Run, however, he stated it would not be aesthetically appealing for the project. Commissioner Phelps questioned Mr. Cameron if he would rather escrow the money for the sidewalk instead of constructing the sidewalk. Mr. Cameron replied he planned to build the sidewalk at the time of construction for the new home. Ron Ruthven stated the City Engineer calculated the dollar amount for the construction of the sidewalk and the trail. Mr. Cameron stated the trail is the hardship in this request and stated he would like the waiver to the trail section. Commissioner Phelps questioned staff to clarify the waiver request regarding the trail portion of this request. Ron Ruthven stated the Commission can grant a waiver to the construction or escrow for this portion of the trail or the Commission can have the applicant construct the trail or escrow the amount determined by Engineering. He stated if this portion of the trail is waived with either construction or escrow, this will not prohibit the trail from being constructed in the future if the City deems it necessary to construct. Discussion occurred between the Commission and City Engineer regarding how the trail could be constructed in this location with regards to costs, tree removal, design, flat work and drainage information. Commissioner Redfearn questioned staff regarding where does this portion of the trail lead? Ron Ruthven replied this trail will lead all the way to Precinct Line Road. Commissioner Redfearn stated a portion would be on private property. Ron Ruthven concurred and stated the property has not been dedicated for this trail. Commissioner Byerly questioned staff why the Commission is being led by staff to approve the construction of the trail? Ron Ruthven replied staffs recommendations are based strictly on the sidewalk system map REGULAR AGENDA ITEMS City of Colleyville Page 2 Printed on M27/2010 Planning and Zoning Commission Minutes -Final April 12, 2010 which has been approved by City Council. Discussion occurred between staff and the Commissioners regarding the placement of the trail and the process in which to get the easement to build the trail system. Commissioner Phelps stated this section of McDonwell School Road is a unique situation and there are a lot of opportunities for improvement if the road is to be improved all the way to Westcoat. He stated at that time would seem like the better opportunity for the construction of the trail. He stated, at this time, there would be no functionality of the trail. Commissioner Dudziak concurred and stated he does not see the need for the sidewalk on Pleasant Run Road. He stated he would like to see the money paid into escrow for the sidewalk. Commissioner Byerly stated he would like to see the full amount escrowed because at some point these portions of the sidewalk and trail are going to be necessary. Commissioner Byerly moved to deny the waiver request case GC10-001. Died for a lack of a second. Discussion occurred between staff and the Commissioners regarding the escrow option or construction. Commissioner Redfearn questioned staff regarding the width of the easement for the sidewalk. Ron Ruthven replied a survey would have to be done to determine the exact location of the easement. He stated the easement is approximately 15 feet (edge of fence and centerline of street). Commissioner Redfearn stated not seeing the most cost effective option for the developer. Ron Ruthven stated the trail would have to be placed on top of the drainage area and underground drainage improvements would have to be made. Discussion occurred between staff and the Commissioners regarding the 10 foot dedication for street improvements and the determination of the trail easement. Ron Ruthven stated it would ultimately be determined by a survey of the property. Commissioner Phelps questioned Mr. Cameron regarding if the property line or the right of way dedication been determined. Mr. Cameron stated the property has been surveyed today and the stakes have been set. He stated the back portion of the property sits in the middle of the drainage easement. He stated one pin could not be located and they were going to have to use calculations on the plat. He stated he used the telephone poles as markers for the easements. He stated the fence is a few feet City of Colleyville Page 3 Printed on ail7izu~u Planning and Zoning Commission Minutes -Final April 12, 2010 just outside the telephone poles. Commissioner Dudziak questioned staff if a telephone pole would be placed on private property? Ron Ruthven stated it being possible, however, there are usually utility easements located if not located in public right of way. Commissioner Redfearn questioned Mr. Cameron regarding how deep is the ditch on the property line. Mr. Cameron stated about 5 or 6 feet deep and he stated the Cutter Ridge addition flows into this ditch. Commissioner Dudziak moved to grant the trail waiver and grant the applicant the option to build or escrow the sidewalk on case GC10-001. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Phelps Nay: 1 -Byerly Absent: 1 -Clardy 8. PUBLIC HEARING AGENDA ITEMS ga Approval of amendments to Chapters 1, 2 and 3 - Land Development Code regarding alcohol regulations, Case GC10-002 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding the parking requirements. Ron Ruthven stated the parking requirements are already addressed with the alcohol use but could be revised by City Council. He stated the calculations are based by general retail use. Commissioner Phelps questioned staff regarding the procedure for a package store. Ron Ruthven stated before they could have any legal sales, they will have to have City approval. He stated independent of the zoning, the State will have to issue a permit for the sales. Commissioner Dudziak questioned staff regarding if the City can restrict the number of package stores. Ron Ruthven replied yes, however, there is no set definitive limit per the code. He stated it is a case by case basis and they would have to have approval by City Council and will have to abide by all codes. Commissioner Byerly opened the public hearing at 7:50 p.m. There being no one wishing to speak, the public hearing was closed at 7:50 p.m. City of Colleyville Page 4 Printetl on aiz~izu~u Planning and Zoning Commission Minutes -Final April 12, 2010 Commissioner Redfearn moved to approve case GC10-002. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 9 ADJOURNMENT The meeting adjourned at 7:51 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 9, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on April 26, 2010. City of Colleyville Page 5 Printed on 4/27/2070 RESOLUTION R-10-3227 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MAY 4, 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