HomeMy WebLinkAboutCity Council-Agenda Packets-01/22/2019
City of Colleyville Page 1
City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, January 22, 2019
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion to finalize remaining Plaza design details
WS-2 Discussion of enhancements to City Hall entrances
WS-3 Discussion of Cheek-Sparger Road shoulder improvements and alignment
WS-4 Presentation of technology use for meeting minutes
WS-5 Discussion of the January 22, 2019, City Council regular agenda items
1. EXECUTIVE SESSION - In accordance with Texas Government
Code, Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues
raised by items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding
contemplated and/or pending litigation, including:
• Glade Road eminent domain case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities, including:
• Glade Road Project Phases 1B and 2
• Acquisition of real property along SH26
Section 551.087 – Economic Development - Discuss or deliberate
regarding commercial or financial information the City has received from
business prospects the City seeks to have locate, stay, or expand in the
City and with which the City is conducting economic development
negotiations; deliberate the offer of a financial or other incentive to a
business prospect
City Council Agenda January 22, 2019
City of Colleyville Page 2
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor Lanre Sobo, Glory House
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-19-4349
3. MAYOR FOR A DAY OATH OF OFFICE
4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Recognition of Mayor for a Day Daniel Thomas - Mayor Richard Newton
Proclamation in recognition of Thank a Teacher Day at Colleyville Heritage
Elementary School - Mayor for a Day Daniel Thomas and Mayor Richard
Newton
In recognition of the Featured Business of the Month - Orangetheory
Fitness Colleyville - 4709 Colleyville Boulevard Suite 500, Greg Wood,
Franchise Owner - Mayor Richard Newton and Assistant City
Manager Mark Wood
5. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4350
5a Approval of a contract with Denco Construction Specialists for the
Webb House Renovation Project, in an amount not to exceed
$233,926.85, and authorize the City Manager to execute same, and
any associated change orders, in an amount not to exceed 25
percent of the contract price
5b Approval of a construction contract with Canary Construction, Inc.
for State Highway 26 and Pleasant Run Water Line Improvements,
in an amount not to exceed $245,490.00, and authorizing
the C ity Manager to execute the contract
City Council Agenda January 22, 2019
City of Colleyville Page 3
6. ITEMS NOT FOR CITY COUNCIL ACTION
Monthly Financial Report - December 31, 2018
7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
7a Ordinance O-19-2073
Consideration of amendments to the Land Development Code,
specifically Chapter 5 – Tree Preservation
8. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
8a Ordinance O-19-2075
Consideration of a zoning change from R-40 Single Family
Residential district to R-20 Single Family Residential district on Lot
C, McEwing Subdivision & 1B02A, 1B2, 1B3, and 1B4, Abstract 1154
in the R H McEwing Survey, located at 712-810 Lavaca Trail, Case
ZC18-033
9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING
9a Resolution R-18-4294
Consideration of a final plat for Lots 1, 2, and 3X, Block 1, Old
Grove Addition, Phase II, located at 105 and 103 John McCain Road
and 7189 Cast Iron Forest Trail, Case PC17-004
10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT
ON THE AGENDA
11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR
JANUARY 22, 2019 - READING AND PUBLIC HEARING -
RESOLUTION R-19-4351
12. ADJOURNMENT
City Council Agenda January 22, 2019
City of Colleyville Page 4
I hereby certify this agenda was posted on City Hall bulletin board Friday,
January 18, 2019 by 5:00 p.m.
Christine Loven, TRMC
City Secretary
A quorum of any Colleyville board, commission, or committee may be present at
this meeting.
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 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-1 Agenda Date 01/22/2019
Type Presentation and Discussion
Department City Manager
Title
Discussion to finalize remaining Plaza design details
Strategic Plan
5.2 Support a variety of community events, concerts and celebrations
5.3 Provide attractive facilities for leisure and recreation
Explanation
In February 2018, the City engaged Freese and Nichols, Inc., to develop three
conceptual designs for the plaza in front of City Hall, conduct a public engagement
process, and take the input from the City Council and community to develop a final
proposed conceptual design. At the April 17, 2018 City Council Worksession, a final
conceptual design was presented and received positive feedback and support from the
City Council. This design was a product of not only worksession discussions with the
City Council, but significant community input gathered from two public engagement
meetings, booths at community events, and a traveling exhibit and comment card
box. Now that a final conceptual design has been determined, the next phase of the
project is to develop the detailed construction documents necessary to bid the project
for construction. Fifty percent design plans were presented to the City Council at the
September 4, 2018 Worksession. The 95% design plans were presented at the
November 20, 2018 Worksession.
This agenda item provides for discussion of the few remaining details that require
decisions in order to finalize the construction documents. Freese & Nichols will present
the attached presentation and seek City Council input in order to finalize the design
process. Freese and Nichols will then submit a complete package to be placed out for
bid in the following weeks.
Attachments
1.Plaza Design Presentation
CREATING AN
EXCEPTIONAL SPACE
SHANE FRIESE, LANDSCAPE
ARCHITECT, R.L.A.
GAYLEN LAING, ARCHITECT, AIA
COLLEYVILLE PLAZA
GOAL: TO GET YOUR FEEDBACK
•CITY HALL ENTRY PAVING
•SHADE STRUCTURE PANELS
CONCEPT
MATERIALS
CONCEPT
GRANITE COLORS
ENTRY-ALT 1
ENTRY-ALT 2
ENTRY-ALT 3
SHADE STRUCTURE
-OPEN DISCUSSION -
COLLEYVILLE PLAZA
SHANE FRIESE, LANDSCAPE
ARCHITECT, R.L.A.
GAYLEN LAING, ARCHITECT, AIA
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-2 Agenda Date 01/22/2019
Type Worksession
Department Public Works
Title
Discussion of enhancements to City Hall entrances
Strategic Plan
5.3 Provide attractive facilities for leisure and recreation
Explanation
In December 2018, the City GHLA, to develop the design for the conversion of the
front and back entry doors at City Hall to be ADA compliant.
The City Hall front and back entry doors although were built to be ADA compliant at
the time of construction and are therefore grandfathered. However, with the addition
of the plaza improvements, to ensure accessibility to all individuals, staff was provided
with direction to bring the doors up to current ADA guidelines.
This agenda item provides for discussion of the layout of the doors that require
decisions in order to finalize the construction plans. In addition, staff is seeking
guidance on the bidding requirements in order to expedite the construction process to
ensure completion prior to the upcoming election cycle.
Attachments
1.City Hall Door Renovation Plans
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-3 Agenda Date 01/22/2019
Type Presentation
Department Engineering
Title
Discussion of Cheek-Sparger Road shoulder improvements and alignment
Strategic Plan
Explanation
Staff initially presented the Cheek-Sparger Highway Safety Improvement Program
(HSIP) grant funded project during the August 7, 2018 City Council work session.
Subsequent to the work session, a professional services agreement for design services
was authorized by Council on August 21, 2018 and an Advanced Funding Agreement
with TXDOT on September 18, 2018. The estimated cost of the project is $3,145,061.
Costs will be allocated based on 90% federal funding and 10% local funding. Local
participation, including engineering services, is estimated at $563,294.
The Base Requirements for the (HSIP) grant funded project include an asphalt street
section with shoulders, concrete curbs and gutters, and a storm drain system. These
requirements would be considered a complete reconstruction of the roadway as per
TXDOT standards.
This presentation and discussion, will provide an update reflecting information
requested by council regarding a 3 foot separation from back of curb to the north
sidewalk and adjusting the road further west to minimize the right-of-way impact.
Attachments
1.Presentation
Cheek-Sparger Road(San Bar Lane to Oakbriar Lane)Presentation and DiscussionCity Council WorksessionJanuary 22, 2019
WS-3 Cheek-Sparger (San Bar to Oakbriar)This presentation and discussion will provide an update reflecting information regarding crash statistics along the corridor
WS-3 Cheek-Sparger (San Bar to Oakbriar)Project Information•Full reconstruction and adding of shoulders along Cheek-Spargerfrom San Bar to Oakbriar Lane•Awarded funding based upon a grant application for TxDOT’sHighway Safety Improvement Program (HSIP)•Design to begin fall 2018•Construction in 2019•HSIP requires TxDOT design review and construction administration•Certain improvements required as condition of the grant (shoulders,curb and gutter, sidewalk on one side, guardrail replacement, etc.)
WS-3 Cheek-Sparger (San Bar to Oakbriar)
WS-3 Cheek-Sparger (San Bar to Oakbriar)Section Cuts
WS-3 Cheek-Sparger (San Bar to Oakbriar)West Cut (North Alignment)
WS-3 Cheek-Sparger (San Bar to Oakbriar)Mid Cut (North Alignment)
WS-3 Cheek-Sparger (San Bar to Oakbriar)East Cut (North Alignment)
Questions and Discussion
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-4 Agenda Date 01/22/2019
Type Worksession
Department City Secretary
Title
Presentation of technology use for meeting minutes
Strategic Plan
1.1 Actively involve and engage stakeholders
1.4 Communicate thoroughly and strategically
2.3 Effectively leverage information technology
2.1 Provide responsive, efficient city services
1.3 Assure convenient access to public information
Explanation
This item provides for staff to discuss use of current technology for the creation of
meeting minutes.
In an effort to meet the City Council goals and objectives of transparency,
communication, and innovation, and the strategy of effectively leveraging information
technology, staff proposes to insert the video clips of each agenda item into the
minutes body. The minutes will reflect all items on the agenda, information regarding
the staff member who provides the briefing, the Mayor and/or Councilmembers who
make and second the motion, and the vote. All discussion which occurs will be
accessed via the video clip.
The proposed format meets all the requirements of the City of Colleyville Charter,
Open Meetings Act, and the Texas State Library and Archives Permanent Record
Retention schedules, while providing for the most accurate representation of discussion
and action, and is completely objective. Additionally, minutes will be accessible on the
City's website within three clicks and the City Secretary can reduce the amount of time
required to create minutes by approximately 18 hours a month.
The City of Colleyville began providing live streaming and webcasts of the City Council,
Planning and Zoning Commission, Sign Board of Appeals, Zoning Board of Adjustment,
Colleyville Crime Control and Prevention District, Tax Increment Finance District, and
Colleyville Economic Development Corporation meetings in February 2006. On
November 20, 2018, we began the FaceBook Live broadcasts of the City Council
meetings.
Two sets of proposed minutes: June 5, 2018 and November 5, 2018; and a document
with links to area city websites for video, minutes, and agenda downloads are
City Council Agenda Briefing
City of Colleyville Page 2
attached.
Staff will be seeking City Council direction and input regarding this opportunity.
Attachments
1.2018.6.5 CC Minutes
2.2018.11.05 CC Minutes
3.Links to area city sites for agendas and minutes
City of Colleyville Page 1
City of Colleyville
City Council
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, June 5, 2018
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, June 5, 2018, at 5:30 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
ABSENT: Councilmember Chuck Kelley
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief
Brian Riley, Community Development Director Ben Bryner, Library and Special
Events Director Mary Rodne, Human Resources Director Jesse Perez, Marketing
Coordinator Dustin Dangli, City Attorney Whitt Wyatt, and City Secretary Christine
Loven.
Mayor Newton recognized Chandler Merritt, Chief of Staff, Office of Tarrant County
Judge Glen Whitley was in attendance.
WS-1 Discussion of Health Insurance Renewal
WS-2 Overview of the Budget Process
WS-3 Discussion of dates for a City Council goals and objectives worksession
WS-4 Discussion of the City Council portrait
WS-5 Discussion of the June 5, 2018, City Council regular agenda items
https://media.swagit.com/podcasts/2018/06/05/06052018-1136.360.mp4
Mayor Newton adjourned the worksession at 6:30 p.m.
Mayor Newton called the Executive Session to order at 6:31 p.m. and called the
roll.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
ABSENT: Councilmember Chuck Kelley
City of Colleyville Page 2
City Council Minutes June 5, 2018
1.EXECUTIVE SESSION - In accordance with Texas Government
Code, Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised
by items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding
contemplated and/or pending litigation, including:
Glade Road eminent domain cases for Parcels 150 and 159
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities, including:
Glade Road Project Phases 1B and 2
Acquisition of real property along SH26
Section 551.087 – Economic Development - Discuss or deliberate
regarding commercial or financial information that the City has received
from business prospects that the City seeks to have locate, stay, or
expand in the City and with which the City is conducting economic
development negotiations; deliberate the offer of a financial or other
incentive to a business prospect
Mayor Newton explained the Executive Session had been called in accordance with
the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal,
Section 551.072, Real Estate, Section 551.074 - Personnel and Section 551.087,
Economic Development. He further explained there would be no decisions made or
action taken during this time. Executive Session was adjourned at 7:20 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:33 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
http://colleyvilletx.swagit.com/play/06052018-1702/#2
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-18-4267
City of Colleyville Page 3
City Council Minutes June 5, 2018
This resolution was not needed. http://colleyvilletx.swagit.com/play/06052018-
1702/#3
3. ELECTION OF A MAYOR PRO TEM
Election of Mayor Pro Tem
Mayor Newton opened the floor for nominations for Mayor Pro Tem.
http://colleyvilletx.swagit.com/play/06052018-1702/#4
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and
Callie Rigney.
Absent: 1 – Councilmember Chuck Kelley
4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation of the new City vehicle tailgate wraps – Mayor Newton and
Public Information Specialist Dustin Dangli
Presentation of the Government Finance Officers Association (GFOA)
Distinguished Budget Presentation Award for the Fiscal Year 2018 budget -
Mayor Richard Newton and CFO Shereen Gendy
http://colleyvilletx.swagit.com/play/06052018-1702/#5
5.CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4268
5a Approval of the minutes of the Special City Council meeting of May 15,
2018
5b Approval of the minutes of the regular City Council meeting of May 15,
2018
5c Approval of a contract with Merrell Bros., Inc., in an amount not to
exceed $388,520, for the dredging of the Kimzey Park pond, and
authorizing the City Manager to execute the contract
City of Colleyville Page 4
City Council Minutes June 5, 2018
5d Approval of an amendment to the agreement for professional services
with Freese and Nichols, Inc. in an amount not to exceed $183,020 for
an additional scope of work, including development of construction
documents for the City plaza, and authorizing the City Manager to
execute the amendment
5e Approval of a construction contract with GRA-Tex Utilities, Inc., for the
Manning Drive Wastewater Project 3 and Paving Improvements Project,
in an amount not to exceed $606,193.50 which includes a $30,000
contingency, and authorizing the City Manager to execute the contract
and any associated change orders
Mayor Newton read Resolution R-18-4268 in its entirety.
http://colleyvilletx.swagit.com/play/06052018-1702/#6
Councilmember Dodson made a motion to approve Resolution R-18-4268
and Councilmember Nakamura seconded the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and
Callie Rigney.
Absent: 1 – Councilmember Chuck Kelley
6.ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-18-2044
Consideration of an amendment to the PUD-R Planned Unit
Development-Commercial zoning district to allow for a drive-through
services on Lot 3, Block 11, Longwood Estates at Ross Downs, located
at 7181 Colleyville Boulevard, Case ZC18-009
Mayor Newton read the caption of Ordinance O-18-2044.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
http://colleyvilletx.swagit.com/play/06052018-1702/#7
This was the first reading, therefore, Council did not take any action.
City of Colleyville Page 5
City Council Minutes June 5, 2018
6b Ordinance O-18-2045
Consideration of a Special Use Permit to exceed the maximum number
and total maximum size allowed by right for accessory buildings on Lot
1, Block 1, of the K Bar G Estates addition, located at 6401 Westcoat
Drive, Case ZC18-010
Mayor Newton read the caption of Ordinance O-18-2045.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
http://colleyvilletx.swagit.com/play/06052018-1702/#8
This was the first reading, therefore, Council did not take any action.
6c Ordinance O-18-2046
Consideration of a zoning change from the AG-Agricultural zoning
district to the R-40 Single Family Residential zoning district on a portion
of Lot 1, Block 1, of the Wood Estates Addition, located at 411
McDonwell School Road E, Case ZC18-011
Mayor Newton read the caption of Ordinance O-18-2046.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
http://colleyvilletx.swagit.com/play/06052018-1702/#9
This was the first reading, therefore, Council did not take any action.
6d Ordinance O-18-2047
Consideration of a Special Use Permit to exceed the total maximum size
allowed by right for accessory buildings and for a Servants' or
Caretakers' Quarters on Tract 5B02, Abstract 294, in the Robert
Chowing Survey, located at 5810 Pool Road, Case ZC18-012
Mayor Newton read the caption of Ordinance O-18-2047.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
http://colleyvilletx.swagit.com/play/06052018-1702/#10
This was the first reading, therefore, Council did not take any action.
City of Colleyville Page 6
City Council Minutes June 5, 2018
6e Ordinance O-18-2048
Consideration of a zoning change from the AG-Agricultural and R-20
Single Family Residential zoning districts to the AG-Agricultural and R-
20 Single Family Residential zoning districts on Lot 1, Block 1, of the
Allzim Acres Addition, and Tracts 2A7B, 2A8C, & 2A9A, Abstract 533, in
the Mary M. Freeman Survey, and Tract 4D02, Abstract 295, in the
William E. Crooks Survey, located at 7209 & 7215 John McCain Road,
Case ZC18-013
Mayor Newton read the caption of Ordinance O-18-2048.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
http://colleyvilletx.swagit.com/play/06052018-1702/#11
This was the first reading, therefore, Council did not take any action.
6f Ordinance O-18-2049
Consideration of a zoning change from the AG-Agricultural zoning
district to the RE Single Family ‘Estate’ Residential zoning district on
Tracts 1B & 1B1A, Abstract 294, in the Robert Chowning Survey, located
at 6900 Pool Road, Case ZC18-014
Mayor Newton read the caption of Ordinance O-18-2049.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
http://colleyvilletx.swagit.com/play/06052018-1702/#12
This was a first reading, therefore, Council did not take any action.
7.RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-18-4268
Consideration for approval of a site plan for athletic fields on Lot 1R,
Block 1, of the Covenant Christian Academy Addition, located at 901
Cheek-Sparger Road, Case SP18-001
Mayor Newton read Resolution R-18-4268 in its entirety.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
City of Colleyville Page 7
City Council Minutes June 5, 2018
http://colleyvilletx.swagit.com/play/06052018-1702/#13
Councilmember Wheat made a motion to approve Resolution R-18-4268,
subject to architectural approval by staff to reflect the additional
architectural improvements in material and design to reflect the quality
on the south side of the building. Mayor Pro Tem Lindamood seconded
the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and
Callie Rigney.
Absent: 1 – Councilmember Chuck Kelley
7b Resolution R-18-4269
Request to appeal the decision of the Sign Board of Appeals for the
consideration of a variance to the provisions of Section 7-150,
Permanent Freestanding Signs – Sign Classification and Regulations of
the Land Development Code, specifically the minimum setback
requirements, on Lot 2, Block 1, of the SW Colleyville Office Park
Addition, located at 607 Cheek-Sparger Road, Case SC18-001
Mayor Newton read Resolution R-18-4269 in its entirety.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
http://colleyvilletx.swagit.com/play/06052018-1702/#14
Mayor Newton made a motion to deny without prejudice Resolution R-18-
4269, Councilmember Wheat seconded the motion.
The motion to deny without prejudice carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and
Callie Rigney.
Absent: 1 – Councilmember Chuck Kelley
Mayor Newton recessed the meeting at 10:46 p.m. and reconvened the
meeting at 10:53 p.m.
City of Colleyville Page 8
City Council Minutes June 5, 2018
7c Resolution R-18-4270
Consideration of a waiver request to the sidewalk requirements on
Eastpointe Court of Eastpointe Terrace subdivision located at 6480 Pool
Road, Case GC18-001
Mayor Newton read Resolution R-18-4270 in its entirety.
Assistant City Manager Mark Wood presented this item and answered questions of
the City Council.
http://colleyvilletx.swagit.com/play/06052018-1702/#15
Councilmember Nakamura made a motion to approve Resolution R-18-
4270; including language to be drafted by the City Attorney which
stipulates installation of a landscape buffer, City, Developer, and HOA
approval of plantings, HOA to be responsible for the irrigation and
maintenance of the landscape buffer, and The final plat will have to
contain a detailed note describing the landscape buffer easement
requirements and be subject to compliance and City Council approval,
Mayor Pro Tem Lindamood seconded the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and
Callie Rigney.
Absent: 1 – Councilmember Chuck Kelley
8.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
http://colleyvilletx.swagit.com/play/06052018-1702/#16
9.REPORTS
Planning and Zoning Commission Worksession Meeting Minutes - February
26, 2018
Planning and Zoning Commission Worksession Meeting Minutes - March 26,
2018
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 5,
2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4271
City of Colleyville Page 9
City Council Minutes June 5, 2018
This resolution was not needed.
11.ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the City Council meeting at 11:43 p.m.
http://colleyvilletx.swagit.com/play/06052018-1702/#17
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE
19TH DAY OF JUNE 2018.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary
City of Colleyville Page 1
City of Colleyville
City Council
MINUTES
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Monday, November 5, 2018
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Monday, November 5, 2018, at 5:30 p.m.
ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
ABSENT: Mayor Pro Tem Bobby Lindamood and Councilmember Chuck Kelley.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Interim Fire
Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works
Director Ray Silva-Reyes, Community Relations Specialist Erin Spicer, City Attorney
Nicole Corr, and City Secretary Christine Loven.
http://colleyvilletx.swagit.com/play/11072018-1432/#2
WS-1 Follow-up discussion regarding SH26 medians and right-of-way design
http://colleyvilletx.swagit.com/play/11072018-1432/#3
WS-2 Discussion of the November 5, 2018, City Council regular agenda items
http://colleyvilletx.swagit.com/play/11072018-1432/#4
Mayor Newton adjourned the worksession at 6:09 p.m.
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Mayor Newton called the Executive Session to order at 6:10 p.m. and called the
roll.
ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
ABSENT: Mayor Pro Tem Bobby Lindamood and Councilmember Chuck Kelley.
1.EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
City of Colleyville Page 2
City Council Minutes November 5, 2018
Section 551.071 - Legal - Consultation with attorney on legal issues raised by
items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding contemplated
and/or pending litigation, including:
• Glade Road eminent domain cases for Parcels 150 and 159
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including:
• Glade Road Project Phases 1B and 2
• Acquisition of real property along SH26
Section 551.074 – Personnel – Deliberate the appointment, employment,
evaluations, and duties of the Fire Chief
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information that the City has received from business
prospects that the City seeks to have locate, stay, or expand in the City and
with which the City is conducting economic development negotiations;
deliberate the offer of a financial or other incentive to a business prospect
Mayor Newton explained the Executive Session had been called in accordance with
the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal,
Section 551.072, Real Estate, Section 551.074 – Personnel, and Section 551.087,
Economic Development. He further explained there would be no decisions made or
action taken during this time. Executive Session was adjourned at 7:22 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:33 p.m.
ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
ABSENT: Mayor Pro Tem Bobby Lindamood and Councilmember Chuck Kelley.
Mayor Newton explained Mayor Pro Tem Bobby Lindamood was out of the country
and Councilmember Chuck Kelley had a death in his family and neither could be
present this evening.
INVOCATION: Pastor Jay Franks, Compass Christian Church
PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr
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City of Colleyville Page 3
City Council Minutes November 5, 2018
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND
TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN
EXECUTIVE SESSION - RESOLUTION R-18-4320
Mayor Newton stated this item would be addressed following item 5a, Ordinance
O-18-2063, but is recorded in order for the minutes.
Mayor Newton read Resolution R-18-4320 in its entirety.
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http://colleyvilletx.swagit.com/play/11072018-1452/#7
Councilmember Dodson made a motion to approve Resolution R-18-4320,
and Councilmember Wheat seconded the motion.
The motion to approve carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
The Mayor and City Councilmembers made the following announcements:
http://colleyvilletx.swagit.com/play/11072018-1452/#4
Member recognition of service to a City Board, Commission, or
Committee
Proclamation in recognition of Arbor Day - Mayor Richard Newton
and Parks and Recreation Director Lisa Escobedo
In recognition of the Featured Business of the Month - Furniture
Consignment Gallery, 6000 Colleyville Boulevard, Suite 120, Robin
Vander Stoep, owner - Mayor Richard Newton and Assistant City
Manager Mark Wood
City of Colleyville Page 4
City Council Minutes November 5, 2018
4.CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4321
4a Approval of the minutes of the regular City Council meeting of October
16, 2018
4b Approval of the minutes of the City Council Worksession of October 25,
2018
4c Approval of a professional services agreement with Baird, Hampton, &
Brown, in an amount not to exceed $68,360 for the design of the
Pleasant Run Waterline from John McCain Road north to the north City
limit line at Bear Creek, and authorizing the City Manager to execute the
agreement
Mayor Newton read Resolution R-18-4321 in its entirety.
Public Works Director Ray Silva-Reyes presented item 4c, and provided anticipated
timelines.
http://colleyvilletx.swagit.com/play/11072018-1452/#5
Councilmember Wheat made a motion to approve Resolution R-18-4321,
and Councilmember Dodson seconded the motion.
The motion to approve carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
5.ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-18-2063
Consideration of a Special Use Permit for an Automotive Repair Shop
on Lot 1A, Block 1, of the Highway 26 Industrial, located at 6804
Colleyville Boulevard, Case ZC18-020
Mayor Newton read the caption of Ordinance O-18-2063.
http://colleyvilletx.swagit.com/play/11072018-1452/#6
Councilmember Nakamura made a motion to approve Ordinance O-18-
2063 as amended requiring the construction of a monument sign, and
Councilmember Dodson seconded the motion.
City of Colleyville Page 5
City Council Minutes November 5, 2018
The motion to approve carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
5b Ordinance O-18-2064
Consideration of a zoning change from AG Agricultural district to R-30
Single Family Residential district on Tracts 2A01 & 2A02, Abstract
1543, in the George W Teeter Survey, located at 1309 Glade Road,
Case ZC18-023
Community Development Director Ben Bryner presented this item and reviewed
the proposed fencing, number of homes, and traffic access changes and noted a
plat approval for this property is on tonight’s agenda.
http://colleyvilletx.swagit.com/play/11072018-1452/#8
Councilmember Wheat made a motion to table Ordinance O-18-2064, and
Councilmember Nakamura seconded the motion.
The motion to table carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
6.ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-18-2065
Consideration of a zoning change from R-40 Single Family Residential
district to PUD-C Planned Unit Development – Commercial district on
Tract 1, Abstract 1154, in the R H McEwing Survey and Tract 1G, Abstract
A1182, in the Less Homesite Survey, located at 8060 Precinct Line Road,
Case ZC18-028
Mayor Newton read the caption of Ordinance O-18-2065.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
City of Colleyville Page 6
City Council Minutes November 5, 2018
This was a first reading, therefore, City Council did not take any action.
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7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
7a Ordinance O-18-2056
Consideration of a zoning change from the R-40 Single Family Residential
zoning district and AG Agricultural zoning district to the PUD-R Planned
Unit Development-Residential zoning district on Lot 1R1 and 1R2, Block 1,
of the Bear Creek Plantation, located at 1312 John McCain Road and 7309
Holly Lane N, Case ZC18-019
Mayor Newton stated this item currently requires a super majority vote of the
Council. It will remain tabled until December 4th as Mayor Pro Tem Lindamood and
Councilmember Kelley are absent tonight and Councilmember Rigney will be
absent at the November 20, 2018 meeting.
Mayor Newton made a motion to remove the item from the table and
immediately retable Ordinance O-18-2056 to a date certain of December
4, 2018 and Councilmember Dodson seconded the motion.
http://colleyvilletx.swagit.com/play/11072018-1452/#10
The motion to table to a date certain of December 4, 2018 carried with the
following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
7b Ordinance O-18-2062
Consideration of a zoning change from ML Light Manufacturing district to
PUD-C Planned Unit Development - Commercial district on Lot 1, Block 1,
of the Chandler Addition, located at 1701 John McCain Road, Case ZC18-
025
Councilmember Wheat made a motion to remove Ordinance O-18-2062
from the table, and Councilmember Nakamura seconded the motion.
The motion carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
City of Colleyville Page 7
City Council Minutes November 5, 2018
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
Mayor Newton read the caption of Ordinance O-18-2062.
Community Development Director Ben Bryner and applicant Debra Perryman
presented this item and answered questions of the City Council.
http://colleyvilletx.swagit.com/play/11072018-1452/#11
Councilmember Dodson made a motion to approve Ordinance O-18-2062
as amended and Councilmember Rigney seconded the motion.
The motion to approve carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
Mayor Newton recessed the meeting at 10:20 p.m. and reconvened at
10:28 p.m. The meeting was again recessed at 10:33 p.m. due to a
technical sound disturbance and reconvened at 10:36 p.m.
8.RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-18-4322
Consideration of a Preliminary Plat for the Oak Creek Addition, located at
7209 & 7215 John McCain Road, Case PC18-005
Mayor Newton read Resolution R-18-4322 in its entirety.
Community Development Director Ben Bryner presented this item.
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Councilmember Wheat made a motion to approve Resolution R-18-4322,
and Councilmember Rigney seconded the motion.
The motion to approve carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
City of Colleyville Page 8
City Council Minutes November 5, 2018
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
8b Resolution R-18-4323
Consideration of a combination Preliminary/Final Plat for Carmel Place
Estates East on Tracts 2A01 & 2A02, Abstract 1543, in the George W
Teeter Survey, located at 1309 Glade Road, Case PC18-012
Councilmember Dodson made a motion to table Resolution R-18-4323 and
Councilmember Wheat seconded the motion.
http://colleyvilletx.swagit.com/play/11072018-1452/#13
The motion to table carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING
9a Resolution R-18-4294
Consideration of a final plat for Lots 1, 2, and 3X, Block 1, Old Grove
Addition, Phase II, located at 105 and 103 John McCain Road and
7189 Cast Iron Forest Trail, Case PC17-004
This item remained tabled.
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10.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
There was no one present wishing to speak.
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11.REPORTS
Library Board Minutes - August 13, 2018
There was no action regarding this item.
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City of Colleyville Page 9
City Council Minutes November 5, 2018
12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MONDAY,
NOVEMBER 5, 2018 - READING AND PUBLIC HEARING -
RESOLUTION R-18-4324
This resolution was not needed.
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13.ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the City Council meeting at 10:56 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TH DAY OF NOVEMBER
2018.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary
Links to area city sites for agendas and minutes
Arlington-http://www.arlington-tx.gov/news/myarlingtontv/watch-city-
council-meetings/
Bedford- https://www.bedfordtx.gov/AgendaCenter
Flower Mound- https://www.flower-mound.com/agendacenter
Grapevine- https://www.grapevinetexas.gov/89/Agendas-Minutes
Keller- https://www.cityofkeller.com/services/city-council/agendas-minutes
Southlake- https://www.cityofsouthlake.com/AgendaCenter
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-5 Agenda Date 01/22/2019
Type Worksession
Department City Secretary
Title
Discussion of the January 22, 2019, City Council regular agenda items
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 1 Agenda Date 01/22/2019
Type Executive Session
Department City Secretary
Title
Section 551.071 - Legal - Consultation with attorney on legal issues raised by items
on the agenda
Section 551.071 - Legal - Consultation with attorney regarding contemplated
and/or pending litigation, including:
Glade Road eminent domain case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value
of real property for City facilities, including:
Glade Road Project Phases 1B and 2
Acquisition of real property along SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business prospects
the City seeks to have locate, stay, or expand in the City and with which the City is
conducting economic development negotiations; deliberate the offer of a financial
or other incentive to a business prospect
RESOLUTION R-19-4349
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF JANUARY 22, 2019
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
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF _ AYES, _ NAYS AND _ ABSTENTIONS ON THIS
THE 22ND DAY OF JANUARY 2019.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 3, Kathy Wheat
Place 4, George Dodson Place 5, Chuck Kelley
Place 6, Callie Rigney
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3 Agenda Date 01/22/2019
Type Announcements, Proclamations, and Presentations
Department City Secretary
Title
Recognition of Mayor for a Day Daniel Thomas - Mayor Richard Newton
Proclamation in recognition of Thank a Teacher Day at Colleyville Heritage
Elementary School - Mayor for a Day Daniel Thomas and Mayor Richard Newton
In recognition of the Featured Business of the Month - Orangetheory Fitness
Colleyville - 4709 Colleyville Boulevard Suite 500, Greg Wood, Franchise Owner -
Mayor Richard Newton and Assistant City Manager Mark Wood
RESOLUTION R-19-4350
A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER
CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF
JANUARY 22, 2019
WHEREAS, City 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 City Council action
under Consent Items as follows are hereby adopted:
a.Approval of a contract with Denco Construction Specialists
for the Webb House Renovation Project, in an amount not
to exceed $233,926.85, and authorize the City Manager to
execute same, and any associated change orders, in an
amount not to exceed 25 percent of the contract price
b.Approval of a construction contract with Canary
Construction, Inc. for State Highway 26 and Pleasant
Run Water Line Improvements, in an amount not to
exceed $245,490.00, and authorizing the City Manager to
execute the contract
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 22ND DAY OF
JANUARY 2019.
Mayor Richard Newton Aye Mayor Pro Tem Bobby Lindamood Aye
Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Absent
Place 4, George Dodson Aye Place 5, Chuck Kelley Aye
Place 6, Callie Rigney Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5a Agenda Date 01/22/2019 Number Resolution R-19-4350
Type Resolution
Department City Manager
Title
Approval of a contract with Denco Construction Specialists for the Webb
House Renovation Project, in an amount not to exceed $233,926.85, and authorize
the City Manager to execute same, and any associated change orders, in an
amount not to exceed 25 percent of the contract price
Strategic Plan
1.1 Actively involve and engage stakeholders
5.3 Provide attractive facilities for leisure and recreation
Explanation
Reading and Public Hearing
Over the last 18 months, the City has been evaluating options for the best use of the
Webb House, located at 400 Shelton Drive. The property is approximately three acres,
with a historic home and a connection to the Cotton Belt Trail on the north end of the
site. The home was modified in 2002, but is now in need of a number of repairs
including a new roof, HVAC system, some siding replacement, and painting. As a part
of the discussion of repairs, several options were explored to allow this property to be
better enjoyed and utilized by the community.
Discussions were held with the City Council (October 2017 and March 2018), Historic
Preservation Committee (November 2017), and Parks & Recreation Advisory Board
(January 2018). It was determined that reconfiguring the existing kitchen area in the
house into a unisex restroom accessible from both the interior and the exterior of the
building would allow the property to become a more utilized stop along the Cotton Belt
Trail. Site improvements including a new ADA ramp, extended sidewalk, improved
landscaping, and removal of the picket fence are planned to better welcome visitors
and communicate that this is a site to stop and enjoy, rather than "keep out".
The project was placed out for bid utilizing the City's expanded procedures and bidding
practices. The notice was also published in the Star-Telegram on November 25,
December 2, December 9, and December 16, 2018. There were 18 total plan holders
and five companies that attended the Pre-Bid meeting on December 6, 2018. The City
received two bids by the December 20, 2018 deadline.
Company Base Bid Alternate No. 1
K. Tillman Construction LLC $243,183.00 $157,000.00
City Council Agenda Briefing 5a
City of Colleyville Page 2
Denco Construction Specialists $233,926.85 $58,464.41
Staff recommends awarding the contract to Denco Construction Specialists for the Base
Bid. Staff does not recommend including Alternate No. 1 in the contract, which was for
construction of a gazebo. This element will be re-examined in the future for less costly
options or alternatives.
Financial Impact
The FY 2019 CEDC Budget includes $265,000 for the Webb House Renovation Project.
Form 1295 - Acknowledged
Recommendation
Approve
Attachments
1.Bid Results - December 19, 2018
2.Bid Recommendation Construction
3.Denco Bid
4.Webb House Site Final Configuration
5.Denco CS Corporation Construction Service Agreement
Bid Results
Company Base Bid Alternate No. 1 Bid Bond Addendum Acknowledgement
K. Tillman Construction LLC 243,183.00$ 157,000.00$ X X
Denco Construction Specialists 233,926.85$ 58,464.41$ X X
The following is a list of contractors that submitted bids for the Colleyville Webb House
Renovation on 12.19.18 @ 2:00pm. The following results were read aloud.
Colleyville Webb House Renovation
January 4, 2018
Adrienne Lothery, CGFO
Assistant City Manager
City of Colleyville
100 Main Street
Colleyville Texas 76034
Re: Webb House Bid Review
Adrienne,
The Colleyville W ebb House Renovation Project received two bids on December 20, 2018. The two
bidders were as follows:
Denco Construction Specialists
K. Tillman Construction LLC
Based on the bids and proposal information required the contractors were evaluated based on the eight
criteria factors as defined in the project specifications. The result of the evaluation ranks Denco
Construction Specialists as the recommended contractor for council approval.
ranks Denco Construction Specialists had the lowest base bid price. The company has been in business
for 27 years with experience in the renovation of facilities and a bonding capacity of $15,000,000. The
following reference for the company were contacted:
PBK Architects – Positive recommendation regarding renovation experience for City of DeSoto
Madison Partners LLC - Positive recommendation regarding several projects.
Bryant Blair Group Architecture, LLC - Positive recommendation regarding a renovation project.
Hidell and Associates Architect recommends the City of Colleyville approve the base bid - $233,926.85
amount. Denco Construction Specialists did include a bid for Alternate No. 1 in the amount of
$58,464.41. The Alternate no. 1 cost includes a complete steel gazebo including structure, roofing,
concrete foundation, and concrete slab.
Included with this letter, are the bid results and bid evaluation sheets.
Sincerely,
Aaron Babcock
Hidell and Associates Architects
Total Project PricingQuality of bidders goos or servicesExperience with similar renovation projects within the past 5 yearsExperience and reputation of the key project personnelReferences/performance record from previous workFinancial and organization stabliityExtent to which the goods or services meet the City's needsTotal long-term cost to the City to acuire the bidders goods or servicesScore Final RankingContractor Base Bid
K. Tillman Construction LLC 243,183$ 28.86 15.000 10.000 10.000 15.000 8.000 5.000 5.000 96.86 2
Denco Construction Specialists 233,927$ 30.00 15.000 10.000 10.000 15.000 10.000 5.000 5.000 100.00 1
Colleyville Webb House Renovation Evaluation Criteria Tabulation
Tabulation Scoresheet for Colleyville Webb House
Project or Category:
Contractor:
Evaluator:
Criteria 1: Total project pricing
Score:
-Do not score - determined by formula
K. Tillman Construction LLC
Denco Construction Specialists
Criteria 2: The quality of the bidder's goods or services
-Quality of goods or services 15
Comments:
Criteria 3: The bidder's experience with similar renovation projects in the past 5 years
-10
Comments
Criteria 4: The experience and reputation of the key project personnel
-A305 Key project personnel 10
Comments
Competitive Sealed Proposal Evaluation Sheet
Score:
Score:
0 - 15 points
0 - 10 points
0 - 10 points
Point
30
Score:
Renovation experience in the past 5 years
Range
0 - 30 points
Colleyville Webb House Renovation Bid Date:12.20.18
K. Tillman Construction LLC
28.86
Project or Category:
Contractor:
Evaluator:
Competitive Sealed Proposal Evaluation Sheet
Point
Range
Colleyville Webb House Renovation Bid Date:12.20.18
K. Tillman Construction LLC
-
-
-
Criteria 6: The bidders financial and organiational stability
-
-Bonding Capacity
Comments
Criteria 7: The extent to which the goods or services meet the City's needs
-Are the goods and services bid per specifications 5
-
Comments
Criteria 8: The total long-term cost to the City to acquire the bidder's goods or services
-Long term cost to the City to acqire the bidder's good or services 5
Comments
Signed:Dated:1.4.19
Bonding Capacity was not indicates on A305
Bidder signed bid form certifing construction time requirement
0 - 5 points
0 - 10 points
All reference contacted were positive, noting good results on renovation projects.
All reference contacted were positive, noting good results on renovation projects.
Recent Financial Statement
Denco Construction Specialists
0 - 15 points
Criteria 5: References and quality/performance record from bidder's pervious work
Score:
Score:
The reference submitted in the propoasl (A305) were contacted. The results are as follows:
Score:
K. Tillman Construction 15
15
5
3
Score:0 - 5 points
Project or Category:
Contractor:
Evaluator:
Criteria 1: Total project pricing
Score:
-Do not score - determined by formula
K. Tillman Construction LLC
Denco Construction Specialists
Criteria 2: The quality of the bidder's goods or services
-Quality of goods or services 15
Comments:
Criteria 3: The bidder's experience with similar renovation projects in the past 5 years
-10
Comments
Criteria 4: The experience and reputation of the key project personnel
-A305 Key project personnel 10
Comments
Score:0 - 10 points
Score:0 - 10 points
Renovation experience in the past 5 years
Score:0 - 15 points
Range
0 - 30 points
28.86
30
Competitive Sealed Proposal Evaluation Sheet
Colleyville Webb House Renovation Bid Date:12.20.18
Denco Construction Specialists
Point
Project or Category:
Contractor:
Evaluator:
Range
Competitive Sealed Proposal Evaluation Sheet
Colleyville Webb House Renovation Bid Date:12.20.18
Denco Construction Specialists
Point
-
-
-
Criteria 6: The bidders financial and organiational stability
-
-Bonding Capacity
Comments
Criteria 7: The extent to which the goods or services meet the City's needs
-Are the goods and services bid per specifications 5
-
Comments
Criteria 8: The total long-term cost to the City to acquire the bidder's goods or services
-Long term cost to the City to acqire the bidder's good or services 5
Comments
Signed:Dated:1.4.19
Score:0 - 5 points
Score:0 - 5 points
Bidder signed bid form certifing construction time requirement
Score:0 - 10 points
Recent Financial Statement 5
5
Bonding Capacity was not indicates on A305
Denco Construction Specialists 15
All reference contacted were positive, noting good results on renovation projects.
Score:0 - 15 points
The reference submitted in the propoasl (A305) were contacted. The results are as follows:
K. Tillman Construction 15
All reference contacted were positive, noting good results on renovation projects.
Criteria 5: References and quality/performance record from bidder's pervious work
3033 KELLWAY DRIVE - SUITE 120CARROLLTON, TEXAS 75006DATE:ISSUED BY:PROJECT NO.:DRAWING NOSCALE:PHONE: 972-416-4666 -- FAX: 972-416-0169HIDELL AND ASSOCIATES ARCHITECTSWEBB HOUSE RENOVATION SITE PLAN SK-1201801" = 30'-0"1.8.18ABDRAWINGPLANBLUEBONNET RDNEW CONCRETE PAVING
REVISE ADA ACCESSIBLE PATH
EXISTING PARKING TO REMAIN
EXISTING TREES TO REMAIN
EXISTING PAVING TO REMAIN
NEW ADA COMPLIANT RAMP
NEW CONCRETE PATH
NEW WILD FLOWER FIELD
EXISTING TREE
TO REMAIN
NEW LANDSCAPE
AT PERIMETER OF
WEBB HOUSE
STRUCTURE
NEW GAZEBO
STRUCTURE
(ALTERNATE)
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5b Agenda Date 01/22/2019 Number Resolution R-19-4350
Type Resolution
Department Engineering
Title
Approval of a construction contract with Canary Construction, Inc. for State Highway
26 and Pleasant Run Water Line Improvements, in an amount not to exceed
$245,490.00, and authorizing the City Manager to execute the contract
Strategic Plan
3.2 Ensure regular repair and replacement of water and wastewater facilities
Explanation
Reading and Public Hearing
The fiscal year 2017-2023 Capital Improvement Program (CIP) adopted by City Council
on September 20, 2016, by attached Resolution R-16-4037, included the waterline
replacement and construction of Pleasant Run Road from Shelton Road to John McCain
Road. The segment of water line crossing under the railroad tracks was left out of the
original plan due to the Tex-Rail construction. On March 6, 2018 Council approved, by
resolution R-18-4240, a right-of-way agreement for the waterline to cross under the
railroad crossing. During this time period, crews encountered a waterline conflict along
SH26 south of Main extending to the approximate location of the former Londoner
building. Due to the potential cost of a change order for the waterline conflict on SH26,
City Council’s direction was to incorporate the waterline project for Pleasant Run Road
and SH26. In May 2018, the City executed a Professional Services Agreement with
Kimley-Horn and Associates for the design of the project.
Public notification of the invitation for bids was advertised in the Fort Worth Star-
Telegram on December 2, 9, 16, 23 and 30, 2018. The notice to bidders and bid
packet were posted on CivCast for free downloading and distributed to the Dodge Lead
Center, BlueBook Building and Construction Network, and Construct Connect, which
includes ISqFt, CMD, CDC, and Bid Clerk. Additionally, staff directly notified a list of
local contractors who may be interested in the bid opportunity. The project had 55 plan
holders, of which 17 were general contractors, 14 sub-contractors, 9 suppliers, 6 plan
rooms, 2 engineers, 1 manufacturer, 1 owner, and 5 other.
The City received 4 sealed bids, which were opened and publicly read aloud on January
8, 2019.
Financial Impact
Funding for the project is available in the Utility Capital and TIF Funds.
Form 1295 - Acknowledged by City
City Council Agenda Briefing 5b
City of Colleyville Page 2
RecommendationApprove
Attachments
1.Bid Tap SH26 PR Water Lines
2.Bid Award Recommendation
3.Contract
4.Opinion of Probable Cost
5.1295 Form
6.CIQ Form
7.Resolution R-16-4037
8.Resolution R-18-4240
kimley -horn.com 2201 West Royal Lane, Suite 275, Irving, TX 75063 214 420 5600
January 15, 2019
Mr. Robert C. Sauceda, P.E.
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: SH 26 and Pleasant Run Road Water Lines
KHA No. 061063038
Dear Mr. Sauceda:
On January 8, 2019, the City of Colleyville received bids for the SH 26 and Pleasant Run Road Water
Lines project. The following bids were received:
Bidder Base Bid
Canary Construction, Inc. $245,490.00
Quality Excavation, Ltd. $257,076.10
GRod Construction, LLC
Jackson Construction, Ltd. $394,248.00
$464,400.00
Kimley -Horn and Associates, Inc. has reviewed the lowest bidder ’s qualifications and has verified that
the Contractor's bonding company is licensed in the State of Texas. Based on these reviews, it
appears that Canary Construction, Inc . is the lowest responsive bidder.
Enclosed is a copy of the bid tabulation for your reference. Thank you for the opportunity to be of
service to the City of Colleyville. Should you have any questions or comments, please do not hesitate
to contact us.
Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.
Ryan Delmotte, P.E.
City of Colleyville Construction Services Agreement Page 1
CONSTRUCTION SERVICES AGREEMENT
SH26 and Pleasant Run Waterline Improvements
This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective
Date by and between Canary Construction, Inc., hereinafter called "CONTRACTOR", and the City of
Colleyville, Texas, hereinafter called "CITY".
RECITALS
WHEREAS, CITY desires CONTRACTOR to perform certain work and services set forth in Section
1 (the “Scope of Services”), and
WHEREAS, CONTRACTOR has expressed a willingness to perform said work and services,
hereinafter referred to only as "services", specified in the Contract Documents, and enumerated under Section
1, of this Agreement;
NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other
herein, CITY and CONTRACTOR agree as follows:
Section 1. Scope of Services
Upon issuance of a written Notice to Proceed by CITY, CONTRACTOR agrees to provide to CITY
the necessary services, labor, materials, equipment and supplies related to the SH26 and Pleasant Run
Waterline Improvements (the “Project”), such services being more fully described herein and pursuant to the
plans and specifications identified in the Contract Documents.
Section 2. Term of Agreement
The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and
shall continue until CONTRACTOR completes the services required herein to the satisfaction of CITY and
has been paid in full by City, unless sooner terminated as provided in Section 9, below.
Section 3. Contract Documents
A. This Agreement is a part of the Contract Documents, which include:
1) This Agreement, including all exhibits and addenda hereto;
2) CITY’S Specifications and Contract Documents for the Project (“Bid Packet”);
3) CITY’S written notice(s) to proceed to the CONTRACTOR;
4) Properly authorized change orders;
5) CONTRACTOR’s Bid Proposal (“Proposal” and/or “Response”); and
6) Any other materials distributed by the CITY that relate to the Project.
In the event there exists a conflict between any term, provision and/or interpretation of the Contract
Documents, the documents shall take precedent and control in the order listed above in this Section. If
discrepancies are found that may impact construction of the Project, it shall be the Contractor’s obligation to
seek clarification as to which requirements or provisions control before undertaking any work on that
component of the project. Should the Contractor fail or refuse to seek a clarification of such conflicting or
inconsistent requirements or provisions prior to any work on that component of the project, the Contractor
shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair
and/or correct that component of the Project.
City of Colleyville Construction Services Agreement Page 2
Section 4. Contractor Obligations
A. CONTRACTOR shall devote such time as reasonably necessary for the satisfactory
performance of the work under this Agreement. Should CITY require additional services not included under
this Agreement, CONTRACTOR shall make reasonable effort to provide such additional services at mutually
agreed charges or rates, and within the time schedule prescribed by CITY; and without decreasing the
effectiveness of the performance of services required under this Agreement.
B. To the extent reasonably necessary for CONTRACTOR to perform the services under this
Agreement, CONTRACTOR shall be authorized to engage the services of any agents, assistants, persons, or
corporations that CONTRACTOR may deem proper to aid or assist in the performance of the services under
this Agreement with the prior written approval of CITY. The cost of such personnel and assistance shall be a
reimbursable expense to CONTRACTOR only if authorized in writing in advance by CITY.
C. Unless otherwise agreed, CONTRACTOR shall provide and pay for all materials, supplies,
machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel,
transportation and all other facilities necessary for the execution and completion of the work covered by the
Scope of Services. Unless otherwise specified, all materials shall be new and both workmanship and materials
shall be of a good quality. CONTRACTOR shall, if required, furnish satisfactory evidence as to the kind and
quality of materials. Materials or work described in words that so applied have well known, technical or trade
meaning shall be held to refer to such recognized standards.
D. CONTRACTOR shall comply with all laws, ordinances, rules and regulations governing
CONTRACTOR's performance of this Agreement.
E. All minor details of the work not specifically mentioned in the Scope of Services or Project
Drawings but obviously necessary for the proper completion of the work, such as the proper connection of
new work to old, shall be considered as incidental to and a part of the work for which the prices are set forth
in this Agreement. CONTRACTOR will not be entitled to any additional compensation therefor unless
specifically stated otherwise. Otherwise the term "extra work" as used in this Agreement shall be understood
to mean and include all work that may be required by CITY to be done by CONTRACTOR to accomplish
any alteration or addition to the work as shown on the Project Drawings. It is agreed that CONTRACTOR
shall perform all extra work under the direction of the City's Representative when presented with a written
work order signed by the City's Representative, subject, however, to the right of CONTRACTOR to require
written confirmation of such extra work order by CITY. Payment for extra work shall be as agreed in the
work order.
F. CONTRACTOR agrees to indemnify, defend, and save CITY harmless from all claims
growing out of any demands of subcontractors, laborers, workmen, mechanics, materialmen, and suppliers of
machinery and parts thereof, equipment, power tools, all supplies incurred in the furtherance of the
performance of this Agreement. When CITY requests, CONTRACTOR shall furnish satisfactory evidence
that all obligations of the nature hereinabove designated have been paid, discharged or waived.
Section 5. Payment
A. CITY agrees to pay CONTRACTOR for all services authorized in writing and properly
performed by CONTRACTOR in a total amount not to exceed TWO HUNDRED AND FORTY-FIVE
THOUSAND FOUR HUNDRED AND NINETY AND NO/100 DOLLARS ($245,490) (“Contract
Price”), subject to additions or deletions for changes or extras agreed upon in writing. Unless otherwise
provided herein, payment to CONTRACTOR shall be monthly based on the CONTRACTOR’S monthly
progress report and detailed monthly itemized statement for services that shows the names of the
CONTRACTOR’S employees, agents, contractors performing the services, the time worked, the actual
City of Colleyville Construction Services Agreement Page 3
services performed, and the rates charged for such services, in a form reasonably acceptable to CITY. CITY
shall pay such monthly statements within thirty (30) days after receipt and CITY verification of the services.
B. CITY may deduct from any amounts due or to become due to CONTRACTOR any sum or
sums owing by CONTRACTOR to CITY. In the event of any breach by CONTRACTOR of any provision or
obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against CITY,
or the CITY'S premises, arising out of CONTRACTOR's performance of this Agreement, CITY shall have
the right to retain out of any payments due or to become due to CONTRACTOR an amount sufficient to
completely protect the CITY from any and all loss, damage or expense therefrom, until the breach, claim or
lien has been satisfactorily remedied or adjusted by CONTRACTOR.
C. CITY may, on account of subsequently discovered evidence, withhold the whole or part of
any payment to such extent as may be necessary to protect itself from loss on account of:
(1) Defective work not remedied;
(2) Claims filed or reasonable evidence indicating possible filing of claims;
(3) Failure of CONTRACTOR to make payments promptly to subcontractors or for
material or labor which CITY may pay as an agent for the CONTRACTOR; or
(4) Damages to another contractor or subcontractor.
When the above grounds are removed, or CONTRACTOR provides a surety bond satisfactory to CITY which
will protect CITY in the amount withheld because of said grounds, CITY will release the amounts withheld.
Section 6. Responsibilities
A. CONTRACTOR shall be responsible for the professional quality, technical accuracy, and the
coordination of all materials, construction, installation and other services furnished by CONTRACTOR under
this Agreement. CONTRACTOR shall, without additional compensation, correct or revise any errors or
deficiencies in the installation and construction of the Project components to conform as shown in the Project
drawings and specifications.
B. Neither CITY's review, approval or acceptance of, nor payment for any of the services
required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement
or of any cause of action arising out of the performance of this Agreement, and CONTRACTOR shall be and
remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONTRACTOR's
negligent performance of any of the services furnished under this Agreement.
C. The rights and remedies of CITY under this Agreement are as provided by law.
Section 7. Time for Performance
A. CONTRACTOR shall perform all services as provided for under this Agreement in a proper,
efficient, timely, and professional manner in accordance with CITY'S requirements.
B. In the event CONTRACTOR's performance of this Agreement is delayed or interfered with
by acts of the CITY or others, CONTRACTOR may request an extension of time for the performance of same
as hereinafter provided, but shall not be entitled to any increase in fee or price, or to damages or additional
compensation as a consequence of such delays.
City of Colleyville Construction Services Agreement Page 4
C. No allowance of any extension of time, for any cause whatever, shall be claimed or made to
CONTRACTOR, unless CONTRACTOR shall have made written request upon CITY for such extension
within forty-eight (48) hours after the cause for such extension occurred, and unless CITY and
CONTRACTOR have agreed in writing upon the allowance of additional time to be made.
D. CONTRACTOR understands and agrees that time is of the essence of this contract, and that
for each day of delay beyond the number of calendar days herein agreed upon for the completion of the work
herein specified and contracted for (after due allowance for such extension of time as may otherwise be
provided for extension of time herein), the Owner may withhold permanently from the Contract Price an
amount equal to $1,000 per day.
E. In case CONTRACTOR should abandon and fail or refuse to resume work within ten (10)
days after written notification from the City, or if CONTRACTOR fails to comply with the orders of the
CITY, when such orders are consistent with the Contract Documents, then, and in that case, where
performance and payment bonds exist, the Sureties on these bonds may be notified in writing by CITY and
directed to complete the work (at CITY’S sole discretion), and a copy of said notice shall be delivered to
CONTRACTOR. After receiving said notice of abandonment, CONTRACTOR shall not remove from the
work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any
materials and equipment under contract for the work, may be held for use on the work by the CITY or the
Surety on the performance bond, or another contractor in completion of the work; and CONTRACTOR shall
not receive any rental or credit therefor, it being understood that the use of such equipment and materials will
ultimately reduce the cost to complete the work and be reflected in the final settlement. Nothing in this section
shall be deemed a waiver of any remedy available to the CITY under this Agreement and the CITY shall retain
all remedies upon default provided in Section 14 herein.
(1) In case the Surety should fail to commence compliance with the notice for completion
hereinbefore provided for, written ten (10) days after service f such notice, then the CITY
may provide for completion of the work in either of the following elective manners:
a. The CITY may employ such force of labor and use such machinery, equipment,
tools, materials and supplies as said CITY may deem necessary to complete the
work and charge the expense of such labor, machinery, equipment, tools, materials
and supplies to said CONTRACTOR, and expense so charged shall be deducted
and paid by the CITY out of such moneys as may be due, or that may thereafter at
any time become due to the CONTRACTOR under and by virtue of this
Agreement. In case such expense is less than the sum which would have been
payable under this contract, if the same had been completed by the
CONTRACTOR, then said CONTRACTOR shall receive the difference. In case
such expense is greater than the sum which would have been payable under this
contract, if the same had been completed by said CONTRACTOR, then the
CONTRACTOR and/or its Surety shall pay the amount of such excess to the CITY;
or
b. The CITY under sealed bids, when and in the manner required by law, may let the
contract for the completion of the work under substantially the same terms and
conditions which are provided in this Agreement. In the case of any increase in
cost to the CITY under the new contract as compared to what would have been the
cost under this Agreement, such increase shall be charged to the CONTRACTOR
and the Surety shall be and remain bound therefor. However, should the cost to
complete any such new contract prove to be less than what would have been the
cost to complete under this Agreement, the CONTRACTOR and/his Surety shall
be credited therewith.
City of Colleyville Construction Services Agreement Page 5
Section 8. Ownership of Project; Bill of Sale
A. CONTRACTOR warrants that title to all work, including all equipment and materials
incorporated into the Project, will pass to CITY no later than the time of final payment. CONTRACTOR
further warrants that upon payment by CITY, all Work for which payments have been received from CITY
shall be free and clear of liens, claims, security interests or other encumbrances in favor of CONTRACTOR
or any other person or entity whatsoever.
B. CONTRACTOR agrees to assign to CITY at the time of completion of the Scope of Services
all manufacturer’s warranties relating to equipment, materials and labor used in the Project and further agrees
to perform the Project in such manner to preserve all manufacturer’s warranties. If necessary as a matter of
law, CONTRACTOR may retain the right to enforce directly any such manufacturers’ warranties during the
one year period following the date of acceptance of the Project by City.
Section 9. Termination
A. CITY may suspend or terminate this Agreement for cause or without cause at any time by
giving written notice to CONTRACTOR. In the event suspension or termination is without cause, payment to
CONTRACTOR, in accordance with the terms of this Agreement, will be made based on services reasonably
determined by CITY to be satisfactorily performed to the date of suspension or termination. Such payment
will be due upon delivery of all instruments of service to CITY.
B. If CITY requires a modification of this Agreement with CONTRACTOR, and in the event
CITY and CONTRACTOR fail to agree upon a modification to this Agreement, CITY shall have the option
of terminating this Agreement and CONTRACTOR's services hereunder at no additional cost other than the
payment to CONTRACTOR, in accordance with the terms of this Agreement, for the services reasonably
determined by CITY to be properly performed by CONTRACTOR prior to such termination date.
Section 10. Insurance
A. CONTRACTOR shall during the term hereof maintain in full force and effect the following
insurance: (i) a comprehensive general liability policy of insurance for bodily injury, death and property
damage insuring against all claims, demands or actions relating to the CONTRACTOR’s performance of
services pursuant to this Agreement with a minimum combined single limit of not less than $2,000,000.00 per
occurrence for injury to persons (including death), and for property damage; (ii) policy of automobile liability
insurance covering any vehicles owned and/or operated by CONTRACTOR, its officers, agents, and
employees, and used in the performance of this Agreement with policy limits of not less than $500,000.00
combined single limit and aggregate for bodily injury and property damage; (iii) statutory Worker’s
Compensation Insurance at the statutory limits and Employers Liability covering all of CONTRACTOR’s
employees involved in the provision of services under this Agreement with policy limit of not less than
$500,000.00.
B. All insurance and certificate(s) of insurance shall contain the following provisions: (1) name
CITY, its officers, and employees as additional insureds as to all applicable coverage with the exception of
Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to CITY for
cancellation or non-renewal of the insurance; (3) provide for a waiver of subrogation against CITY for injuries,
including death, property damage, or any other loss to the extent the same is covered by the proceeds of
insurance. Contractor shall provide written notice to CITY of any material change of or to the insurance
required herein.
City of Colleyville Construction Services Agreement Page 6
C. All insurance companies providing the required insurance shall be authorized to transact
business in Texas and rated at least “A” by AM Best or other equivalent rating service.
D. A certificate of insurance evidencing the required insurance and all endorsements shall be
submitted prior to commencement of services.
Section 11. Indemnification.
CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND
OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF
CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY WAIVES ALL
CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY
REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY
TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER
THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF CITY’S
OBLIGATIONS HEREUNDER. CONTRACTOR AGREES TO INDEMNIFY AND SAVE
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,
SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS
OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH
OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY
CONTRACTOR’S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT
OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR,
ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES,
CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN
SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM
OR ARE ATTRIBUTED TO NEGLIGENCE OF CITY, IN WHOLE OR IN PART, IN WHICH CASE
CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF
NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS,
SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS
OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF
COMPETENT JURISDICTION). CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION
SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR
REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THIS
PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
Section 12. Assignment
CONTRACTOR shall not assign or sublet this Agreement, or any part thereof, without the prior
written consent of CITY.
Section 13. Applicable Laws
CONTRACTOR shall comply with all Federal, State, County and Municipal laws, ordinances,
regulations, safety orders, resolutions and building codes relating or applicable to services to be performed
under this Agreement. The laws of the State of Texas shall govern this Agreement; and venue for any action
concerning this Agreement shall be in the State District Court of Tarrant County, Texas. The parties agree to
submit to the personal and subject matter jurisdiction of said court
Section 14. Default of CONTRACTOR
In the event CONTRACTOR fails to comply or becomes disabled and unable to comply with the
provisions of this Agreement as to the quality or character of the service or time of performance, and the
City of Colleyville Construction Services Agreement Page 7
failure is not corrected within ten (10) days after written notice by CITY to CONTRACTOR, CITY may, at
its sole discretion without prejudice to any other right or remedy:
A. Terminate this Agreement and be relieved of the payment of any further consideration to
CONTRACTOR except for all work determined by CITY to be satisfactorily completed prior to termination.
Payment for work satisfactorily completed shall be for actual costs, including reasonable salaries and travel
expenses of CONTRACTOR to and from meetings called by CITY at which CONTRACTOR is required to
attend, but shall not include any loss of profit of CONTRACTOR. In the event, of such termination, CITY
may proceed to complete the services in any manner deemed proper by CITY, either by the use of its own
forces or by resubletting to others.
B. CITY may, without terminating this Agreement or taking over the services, furnish the
necessary materials, equipment, supplies and/or help necessary to remedy the situation, at the expense of
CONTRACTOR.
Section 15. Adjustments in Services
No claims for extra services, additional services or changes in the services will be made by
CONTRACTOR without a written agreement with CITY prior to the performance of such services.
Section 16. Execution Becomes Effective
This Agreement will be effective upon signing of the Agreement by authorized representatives of
CONTRACTOR and CITY.
Section 17. Agreement Amendments
This Agreement contains the entire understanding of the parties with respect to the subject matter
hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of
this Agreement which have not been incorporated herein. This Agreement may only be modified, amended,
supplemented or waived by a written instrument executed by the parties except as may be otherwise provided
therein.
Section 18. Severability.
In the event any one or more of the provisions contained in this Agreement shall for any reason be
held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall
not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in it.
Section 19. Independent Contractor.
In satisfying the conditions of and providing the services under this Agreement, CONTRACTOR is
acting independently, and CITY assumes no responsibility or liabilities to any third party in connection with
CONTRACTOR’s actions. All services to be performed by CONTRACTOR pursuant to this Agreement shall
be in the capacity of an independent contractor and not as an agent or employee of CITY. CONTRACTOR
shall supervise the performance of its services and shall be entitled to control the manner and means by which
its services are to be performed, subject to the terms of this Agreement. There is no intended third-party
beneficiary to this Agreement.
City of Colleyville Construction Services Agreement Page 8
Section 20. Right-Of-Access.
CITY will obtain and/or furnish right-of-access on any project site for CONTRACTOR to perform
any required studies, surveys, tests or other necessary investigations in relation to the Scope of Services.
CONTRACTOR will take reasonable precautions to minimize damage to the personal or real property in the
performance of such surveys, tests, studies and investigations.
Section 21. Notice.
Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight
courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address
as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth
herein:
If to CITY:
City Manager
City of Colleyville
100 Main Street
Colleyville, Texas 76034
With copy to:
Whitt L. Wyatt
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
500 North Akard, Suite 1800
Dallas, Texas 75201
If to CONTRACTOR: Canary Construction, Inc.
Attn: Wayne Borstad
802 N. Kealy Ave., #101
Lewisville, TX 75057
Section 22. Counterparts
This Agreement may be executed by the parties hereto in separate counterparts, each of which when
so executed and delivered shall be an original, but all such counterparts shall together constitute one and the
same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all,
but together signed by all of the parties hereto.
Section 23. Recitals; Exhibits.
All recitals and exhibits attached hereto are incorporated and made a part hereof for all purposes.
Section 24. Survival of Obligations.
Any of the representations and obligations of the parties, as well as any rights and benefits of the
parties pertaining to a period of time following the termination of this Agreement shall survive termination.
Section 25. Sales and Use Taxes
CONTRACTOR understands and acknowledges that CITY is a governmental entity and exempt from
the payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project
or otherwise incorporated into the Project. CITY agrees to provide CONTRACTOR such documentation as
may otherwise be required by state law to allow CONTRACTOR to avoid payment of sales and uses taxes
for materials and equipment with respect to the Project to the extent allowed by law.
City of Colleyville Construction Services Agreement Page 9
EXECUTED in duplicate originals on January 22, 2019.
CITY OF COLLEYVILLE, TEXAS
By:_____________________________________
Jerry Ducay, City Manager
ATTEST:
_________________________________
Christine Loven, City Secretary
APPROVED AS TO FORM:
________________________________
Whitt L. Wyatt City Attorney
(Staff:pk:Date:01/22/2019:v1.2019)
EXECUTED this ____ day of _____________________ 20____.
CONTRACTOR
Canary Construction, Inc.
By: _______________________________________
Wayne Borstad
President
Kimley-Horn and Associates, Inc.Opinion of Probable Construction Cost
Client:City of Colleyville Date:12/20/2018
Project:Pleasant Run Road and SH 26 Water Lines Prepared By:CDS
KHA No.:061063038 Checked By:RMD
Item No.Item Description Quantity Unit Unit Price Item Cost
1 Mobilization and Bonds 1 LS 20,000.00$ 20,000.00$
2 Right-of-Way Preparation 1 LS 20,000.00$ 20,000.00$
3 Detours and Barricades 1 LS 20,000.00$ 20,000.00$
4 Storm Water Pollution Prevention Plan 1 LS 40.00$ 40.00$
5 Concrete Sidewalks 23 SY 40.00$ 920.00$
6 Sign and Post Assembly (Remove, Salvage & Reinstall)2 EA 550.00$ 1,100.00$
7 Barrier-Free Ramp 1 EA 1,000.00$ 1,000.00$
8 Pedestrian Crossing Sign & Light Assembly On new Foundation
(Remove. Salvage, & Reinstall)1 EA 2,000.00$ 2,000.00$
9 Remove, Salvage, and Reinstall Existing Bollard 1 EA 500.00$ 500.00$
10 PVC Water Line (10 inch)(AWWA C900)(DR18)355 LF 50.00$ 17,750.00$
11 PVC Water Line (12 inch)(AWWA C900)(DR18)184 LF 80.00$ 14,720.00$
12 Construction of Bored, Jacked or Tunneled Crossings 290 LF 130.00$ 37,700.00$
13 Installation of Ductile Iron Fittings 2 TON 6,000.00$ 12,000.00$
14 Dehole Gas Line 1 EA 3,000.00$ 3,000.00$
15 Sodding/Turfgrass Planting 115 SY 6.00$ 690.00$
16 Construction Contingency Allowance (Water)1 LS 50,000.00$ 50,000.00$
201,420.00$
City Cost Subtotal:201,420.00$
Basis for Cost Projection:Const. Conting. +/- (5%):10,580.00$
No Design Completed City Cost:212,000.00$
Preliminary Design
Final Design
The Engineer has no control over the cost of labor, materials, equipment, or over the Contractor's methods of determining prices or over
competitive bidding or market conditions. Opinions of probable costs provided herein are based on the information known to Engineer at
this time and represent only the Engineer's judgment as a design professional familiar with the construction industry. The Engineer
cannot and does not guarantee that proposals, bids, or actual construction costs will not vary from its opinions of probable costs.
*The above does not include inspection or testing.
SUBTOTAL
Page 1
Controlling
Name of Interested Party4 Nature of interest
City, State, Country (place of business)
Intermediary
(check applicable)
CERTIFICATE OF INTERESTED PARTIES 1295FORM
1 of 1
1
OFFICE USE ONLY
2 01/15/2019
Complete Nos. 1 - 4 and 6 if there are interested parties.
Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties.
Name of business entity filing form, and the city, state and country of the business entity's place
of business.
Canary Construction, Inc.
Lewisville, TX United States
Name of governmental entity or state agency that is a party to the contract for which the form is
being filed.
Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a
description of the services, goods, or other property to be provided under the contract.
3
City of Colleyville
SH 26 and Pleasant Run Road Water Lines
ENG2019-002
2019-441428
01/15/2019
Date Filed:
Date Acknowledged:
Certificate Number:
CERTIFICATION OF FILING
Borstad, Wayne XLEWISVILLE, TX United States
6
Signature of authorized agent of contracting business entity
My name is _______________________________________________________________,
UNSWORN DECLARATION
Check only if there is NO Interested Party.5
My address is _______________________________________________, _______________________,
and my date of birth is _______________________.
Executed in ________________________________________County,
I declare under penalty of perjury that the foregoing is true and correct.
(street)(state)(zip code)(country)
(year)(month)
_______, ______________, _________.
State of ________________, on the _____day of ___________, 20_____.
(city)
(Declarant)
Version V1.1.28ab6150www.ethics.state.tx.usForms provided by Texas Ethics Commission
Total Project
Cost
Capital
Projects Fund
CEDC
Parks, Trails
Libraries)
County
Funding Drainage Fund
Perimeter
Street Fees
Impact Fees -
Area II
West of 26)TIF Utility Fund
Wastewater
Impact Fees
Water Impact
Fees
Other: City
Funding Total Funding Non Funded
2017
Civil Improvements at Public Works Service Center Site - CONSTRUCTION $500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $500,000 $500,000 $0
Glade Road (Phase 2 - Manning to Pool) - ROW $430,000 $0 $0 $0 $0 $0 $0 $430,000 $0 $0 $0 $0 $430,000 $0
Glade Road (Phase 3 - Pool to Heritage) - ROW $190,000 $0 $0 $0 $0 $0 $0 $190,000 $0 $0 $0 $0 $190,000 $0
Glade Road Maintenance Partial (Phase II) (Stafford to Jim Mitchell)$198,000 $198,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $198,000 $0
Glade Road Maintenance Partial (Phase IV) Asphalt Rehab (Western City Limits to Bransford Rd)$142,000 $142,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $142,000 $0
Hunter Lane - Rehabilitation $160,000 $160,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $160,000 $0
John McCain Rehabilitation (Westcoat to Pleasant Run and Shepherds Glen to Maranatha Court) - County Project $1,647,222 $591,000 $0 $394,000 $0 $0 $0 $0 $0 $0 $0 $662,222 *$1,647,222 $0
L. D. Lockett (Precinct Line Road to Westcoat Drive) - Rehabilitation $725,000 $725,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $725,000 $0
McDonwell School Road and Westcoat Drive Roundabout - DESIGN $100,000 $0 $0 $0 $0 $0 $100,000 $0 $0 $0 $0 $0 $100,000 $0
Pleasant Run (Shelton to John McCain) - Rehabilitation (Companion to Water Project 11/Partial and WW Project 3/Partial)$4,300,000 $2,743,300 $300,000 $0 $0 $0 $0 $0 $186,000 $0 $1,070,700 $0 $4,300,000 $0
Roberts Road (Glade to Grapevine City Limits) - DESIGN $162,000 $162,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $162,000 $0
UPS Battery Backup Replacement at Justice Center $85,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $85,000 $85,000 $0
Water Project 10: Apple Valley Subd./Rustic Oaks Subd./ Bills Lane Water Lines - DESIGN $70,000 $0 $0 $0 $0 $0 $0 $0 $70,000 $0 $0 $0 $70,000 $0
Water Project 11: Partial (John McCain Water Line Upsizing)$446,000 $0 $0 $0 $0 $0 $0 $0 $446,000 $0 $0 $0 $446,000 $0
Water Project 8: Pressure Relief and Flow Control Valves and Piping (John McCain/Bandit Trail Vicinity) - DESIGN $42,500 $0 $0 $0 $0 $0 $0 $0 $42,500 $0 $0 $0 $42,500 $0
WW Project 3 (Partial): Replace 6" and 8" Pipelines (Manning Dr/Vicinity of Pleasant Run Rd and McDonwell School Rd) - DESIGN $27,000 $0 $0 $0 $0 $0 $0 $0 $27,000 $0 $0 $0 $27,000 $0
WW Project 4: Remington Park and Clairemont Subdivisions Sewer Line Replacements to Improve Flow - DESIGN $33,000 $0 $0 $0 $0 $0 $0 $0 $33,000 $0 $0 $0 $33,000 $0
9,257,722 $4,721,300 $300,000 $394,000 $0 $0 $100,000 $620,000 $804,500 $0 $1,070,700 $1,247,222 $9,257,722 $0
2018 *Prior approved funding
Black Drive - Rehabilitation (Companion Project to Water Project #10)$174,987 $174,987 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $174,987 $0
Cheek-Sparger Road (San Bar to Brown Trail) - DESIGN and ROW Acquisition $313,000 $313,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $313,000 $0
Glade Road (Phase 2 - Manning to Pool) - RECONSTRUCTION $5,484,000 $0 $0 $0 $0 $342,897 $0 $4,724,103 $0 $0 $417,000 $0 $5,484,000 $0
L. D. Lockett (Westcoat Drive to Pleasant Run) - Rehabilitation $195,000 $195,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $195,000 $0
Manning Drive Rehabilitation (County Project) - Rehabilitation (Companion Project to Wastewater Project 3)$300,000 $150,000 $0 $150,000 $0 $0 $0 $0 $0 $0 $0 $0 $300,000 $0
McDonwell School Road and Westcoat Drive Roundabout - Construction $1,200,000 $1,200,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,200,000 $0
Pleasant Run (John McCain to North City Limits) - Rehabilitation $450,000 $450,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $450,000 $0
Remington Parkway - Rehabilitation (Companion Project to Wastewater Project #4)$65,000 $65,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $65,000 $0
Replacement of Palladium Windows $150,000 $0 $150,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $150,000 $0
Roberts Road - RECONSTRUCTION $1,200,950 $1,200,950 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,200,950 $0
Rustic Trail - Rehabilitation (Companion Project to Water Project #10)$55,000 $55,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $55,000 $0
Water Project 10: Apple Valley Subdivision/Rustic Oaks Subdivisions/ Bills Lane Water Lines - CONSTRUCTION $550,000 $0 $0 $0 $0 $0 $0 $0 $550,000 $0 $0 $0 $550,000 $0
Water Project 8: Install Pressure Relief and Flow Control Valves and Associated Piping - CONSTRUCTION $348,000 $75,000 $0 $0 $0 $0 $0 $0 $273,000 $0 $0 $0 $348,000 $0
WW Project 3 (Partial): Replace 6" and 8" Pipelines on Manning Drive/Vicinity of Pleasant Run and McDonwell - CONSTRUCTION $141,000 $0 $0 $0 $0 $0 $0 $0 $141,000 $0 $0 $0 $141,000 $0
WW Project 4: Remington Park and Clairemont Subdivisions Sewer Line Replacements to Improve Flow - CONSTRUCTION $185,000 $0 $0 $0 $0 $0 $0 $0 $185,000 $0 $0 $0 $185,000 $0
10,811,937 $3,878,937 $150,000 $150,000 $0 $342,897 $0 $4,724,103 $1,149,000 $0 $417,000 $0 $10,811,937 $0
2019
Bransford (Glade to LD Lockett) (County Project) - Rehabilitation $706,000 $423,600 $0 $282,400 $0 $0 $0 $0 $0 $0 $0 $0 $706,000 $0
Brighton Oaks - Rehabilitation (Companion Project to Water Project #5)$460,000 $460,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $460,000 $0
Cheek-Sparger Road (San Bar to Brown Trail) - CONSTRUCTION $2,085,395 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,085,395 $2,085,395 $0
Glade Road (Phase 3 - Pool to Heritage) - ReCONSTRUCTION $3,530,250 $0 $0 $0 $0 $245,223 $0 $3,151,027 $0 $134,000 $0 $0 $3,530,250 $0
Montclair (County Project) - Rehabilitation $560,000 $280,000 $0 $280,000 $0 $0 $0 $0 $0 $0 $0 $0 $560,000 $0
Update Stormwater Master Plan $500,000 $0 $0 $0 $500,000 $0 $0 $0 $0 $0 $0 $0 $500,000 $0
Water Project 11: Tinker Road Water Lines - DESIGN $123,000 $0 $0 $0 $0 $0 $0 $0 $123,000 $0 $0 $0 $123,000 $0
Water Project 5: Upsize and Replace Water Lines in Brighton Oaks Subdivision - CONSTRUCTION $1,515,100 $0 $0 $0 $0 $0 $0 $0 $1,515,100 $0 $0 $0 $1,515,100 $0
WW Project 5: Quails Path and Chestnut Bend Sewer Line Replacement - DESIGN $91,000 $0 $0 $0 $0 $0 $0 $0 $91,000 $0 $0 $0 $91,000 $0
9,570,745 $1,163,600 $0 $562,400 $500,000 $245,223 $0 $3,151,027 $1,729,100 $134,000 $0 $2,085,395 $9,570,745 $0
2020
County Project (TBD) - Rehabilitation $800,000 $400,000 $0 $400,000 $0 $0 $0 $0 $0 $0 $0 $0 $800,000 $0
Justice Center - Metal Roof Coating $167,200 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $167,200 $167,200 $0
Quails Path - Rehabilitation (Companion Project to Wastewater Project #5)$35,000 $35,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $35,000 $0
Tinker (Pleasant Run to Highway 26) - Rehabilitation (Companion Project to Water Project 11)$450,000 $450,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $450,000 $0
Water Project 11 (Partial): Tinker Road Water Lines - CONSTRUCTION $630,000 $0 $0 $0 $0 $0 $0 $0 $630,000 $0 $0 $0 $630,000 $0
Water Project 12/Partial Woodbriar Estate Water Lines Replacement - DESIGN $70,020 $0 $0 $0 $0 $0 $0 $0 $70,020 $0 $0 $0 $70,020 $0
Water Project 3: New Elevated Water Storage Tank and Associated Distribution Lines - DESIGN $545,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $545,000 $0 $545,000 $0
Water Project 6: Upsize and Replace Water Lines in Woodbriar Estates and Quail Crest Subdivisions - DESIGN $145,000 $0 $0 $0 $0 $0 $0 $0 $145,000 $0 $0 $0 $145,000 $0
WW Project 1: Replace Sewer Lines in Woodbriar Estates and Quail Crest Subdivisions - DESIGN $361,700 $0 $0 $0 $0 $0 $0 $0 $361,700 $0 $0 $0 $361,700 $0
WW Project 5: Quails Path and Chestnut Bend Sewer Line Replacement - CONSTRUCTION $719,000 $0 $0 $0 $0 $0 $0 $0 $719,000 $0 $0 $0 $719,000 $0
3,922,920 $885,000 $0 $400,000 $0 $0 $0 $0 $1,925,720 $0 $545,000 $167,200 $3,922,920 $0
Exhibit "A"
2021
Justice Center - HVAC Replacement $237,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $237,000 $237,000 $0
Justice Center- Carpet & VCT Tile Replacement $88,052 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $88,052 $88,052 $0
County Project (TBD) - Rehabilitation $800,000 $400,000 $0 $400,000 $0 $0 $0 $0 $0 $0 $0 $0 $800,000 $0
Water Project 12/Partial Woodbriar Estate Water Lines Replacement - CONSTRUCTION $433,000 $0 $0 $0 $0 $0 $0 $0 $433,000 $0 $0 $0 $433,000 $0
Water Project 3: New Elevated Water Storage Tank and Associated Distribution Lines - CONSTRUCTION $4,500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,500,000 $0 $4,500,000 $0
Water Project 6: Upsize and Replace Water Lines in Woodbriar Estates and Quail Crest Subdivisions - CONSTRUCTION $745,000 $0 $0 $0 $0 $0 $0 $0 $745,000 $0 $0 $0 $745,000 $0
Woodbriar, Quail Crest Estates - Rehabilitation (Companion Project to Water Projects #6 and 12/Portion and WW Project #1)$2,768,000 $2,768,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,768,000 $0
WW Project 1: Replace Sewer Lines in Woodbriar Estates and Quail Crest Subdivisions - CONSTRUCTION $1,900,000 $0 $0 $0 $0 $0 $0 $0 $1,900,000 $0 $0 $0 $1,900,000 $0
11,471,052 $3,168,000 $0 $400,000 $0 $0 $0 $0 $3,078,000 $0 $4,500,000 $325,052 $11,471,052 $0
45,034,376 $13,816,837 $450,000 $1,906,400 $500,000 $588,120 $100,000 $8,495,130 $8,686,320 $134,000 $6,532,700 $3,824,869 $45,034,376 $0
UNFUNDED
Acuff Lane - Rehabilitation $115,360 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $115,360
Automated Meter Reading (AMR) Advanced Metering Infrastructure (AMI) System Implementation $5,000,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,000,000
Bedford Court - Rehabilitation $149,209 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $149,209
Bedford Road Bridge - Rehabilitation $60,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $60,000
Bedford Road Bridge at Little Bear $2,100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,100,000
Behrens - Rehabilitation $392,196 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $392,196
Bettinger Drive- Rehabilitation $378,080 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $378,080
Beverly Drive- Rehabilitation $222,098 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $222,098
Bill Simmons Rd - Rehabilitation $269,867 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $269,867
Bluebonnet Drive - Rehabilitation $323,440 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $323,440
Bransford Creek Drainage $2,080,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,080,000
Brook Meadows Addition - Rehabilitation $404,444 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $404,444
Caldwell Hughes Road - Rehabilitation $115,360 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $115,360
Cedar Court - Rehabilitation $209,964 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $209,964
Cheek-Sparger Road (SH26 to Heritage - Less Brown to Bedford) - Rehabilitation $1,698,222 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,698,222
City Hall - Boiler Replacement $107,900 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $107,900
City Hall - Carpet and VCT Tile $102,443 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $102,443
City Hall Dumpster Enclosure $60,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $60,000
City Hall/Library - HVAC Replacement $300,300 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $300,300
Community Home Addition - Rehabilitation $262,222 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $262,222
Cooks Lane- Rehabilitation $61,653 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $61,653
Cutter Ridge Court - Rehabilitation $48,695 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $48,695
Fairway Addition - Rehabilitation $351,111 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $351,111
Fire Station 1 Repairs $102,954 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $102,954
Fire Station 2 Repairs $66,898 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $66,898
Flood Gates Upgrade $365,020 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $365,020
Folding Doors- Fire Station #3 $44,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $44,000
Ford Drive - Rehabilitation $22,276 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $22,276
Four-Fold Door Installation at Fire Station #1 $124,545 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $124,545
Glade Road (Phase 4 - West City Limits to Bransford Road) - ReCONSTRUCTION $4,737,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,737,000
Glade Road (Phase 4 - West City Limits to Bransford Road) - ROW Acquisition $300,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $300,000
Glade Road Bridge at Trib LB2 $500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $500,000
Glade Road Culverts at Bluebonnet Creek $536,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $536,000
Hall-Johnson Fire Facility Renovation - Phase 1 $392,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $392,000
Hall-Johnson Fire Facility Renovation - Phase 2 $650,720 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $650,720
Heritage Avenue at Little Bear - Drainage $2,800,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,800,000
Hidden Acres Subdivision - Rehabilitation $280,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $280,000
Highland Acres Subdivision - Rehabilitation $806,222 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $806,222
Jackson Creek Drainage Improvements $2,500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,500,000
Jackson Road Bridge $3,400,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,400,000
Jackson Road Bridge - Rehabilitation $60,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $60,000
Jo Will Street- Rehabilitation $186,453 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $186,453
John McCain (Monticello Pkwy to Pleasant Run Rd) - Rehabilitation $151,111 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $151,111
John McCain (Williamsburg Court. to Monticello Pkwy) - Rehabilitation $302,222 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $302,222
John McCain Box Culvert at White Chapel Creek West $250,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $250,000
Leta Lane - Rehabilitation $179,840 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $179,840
Library - Carpet and VCT Tile $98,055 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $98,055
Library Fountain Repair $70,447 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $70,447
Lloyd Circle - Rehabilitation $105,964 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $105,964
Maranatha Court - Rehabilitation $4,191 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,191
McDonwell School Road - Rehabilitation $713,316 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $713,316
Oak Knoll Bridge $2,700,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,700,000
Oak Knoll Court - Rehabilitation $105,618 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $105,618
Exhibit "A"
Oak Knoll Drive - Rehabilitation $871,236 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $871,236
Oak Timbers Court - Rehabilitation $148,836 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $148,836
Old Glade Road - Rehabilitation $70,667 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $70,667
Patterson Lane - Rehabilitation $203,218 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $203,218
Pecan Park Estates Subdivision - Rehabilitation $724,444 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $724,444
Pleasant Run Road Bridge at Big Bear $3,800,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,800,000
Plymouth Hills Addition - Rehabilitation $762,222 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $762,222
Queensbury Way Bridge - Rehabilitation $100,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $100,000
Ross Downs Estates - Rehabilitation $4,000,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,000,000
Saddlebrook Addition - Rehabilitation $667,333 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $667,333
Sand Oak Acres Addition - Rehabilitation $864,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $864,000
Service Center - Construction $4,500,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,500,000
Shelton - Rehabilitation $288,293 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $288,293
Stafford Road - Rehabilitation $250,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $250,000
Suellen Circle - Rehabilitation $44,373 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $44,373
Tara Plantation Addition - Rehabilitation $495,444 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $495,444
Thompson Terrace - Rehabilitation $167,378 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $167,378
Van Oaks Drive - Rehabilitation $126,720 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $126,720
Waller Lane - Rehabilitation $81,600 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $81,600
Water Project 12: Woodbriar Estates Water Lines - DESIGN $300,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $300,000
Water Project 12: Woodbriar Estates Water Lines - CONSTRUCTION $2,000,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,000,000
Water Project 13: Glade (Oak to Martin) and Gateway/121 Water Lines/Fire Flow Improvements - CONSTRUCTION $1,426,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,426,000
Water Project 13: Glade (Oak to Martin) and Gateway/121 Water Lines/Fire Flow Improvements - DESIGN $214,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $214,000
Water Project 14: Northwest Area Flow Improvements in High Pressure Plane - CONSTRUCTION $1,470,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,470,000
Water Project 14: Northwest Area Flow Improvements in High Pressure Plane - DESIGN $220,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $220,000
Water Project 15: Rustic Oaks and Oak Crest Hills Subdivision Fire Flow Improvements - DESIGN/CONSTRUCTION $5,389,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,389,000
Water Project 16: Highland Acres Water Line and Fire Flow Improvements - DESIGN/CONSTRUCTION $2,264,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,264,000
Water Project 17: Northwest Low Plain Flow Improvements - DESIGN/CONSTRUCTION $1,404,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,404,000
Water Project 18: Northern Low Plain Flow Improvements - DESIGN/CONSTRUCTION $8,158,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $8,158,000
Water Project 19: Southern Low Plain Flow Improvements - DESIGN/CONSTRUCTION $4,094,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,094,000
Water Project 20: Cheek-Sparger (Buckingham to Martin) Water Line Replacement - DESIGN/CONSTRUCTION $1,477,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,477,000
Water Project 21: Pool Rd Water Line Velocity Adjust. (and Summertree and Hall-Johnson/Meadowhill Area) - DESIGN/CONSTRUCTION $646,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $646,000
Water Project 22: Cotton Belt Trail to Pleasant Run Road Water Line Implementation - DESIGN/CONSTRUCTION $1,225,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,225,000
Water Project 23: Low Plain Lines to Provide Looping - DESIGN/CONSTRUCTION $1,827,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,827,000
Water Project 24: Southwest Low Plain Flow Improvements - DESIGN/CONSTRUCTION $2,567,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,567,000
Water Project 25: Cheshire/Dorset Joint Replacements - DESIGN/CONSTRUCTION $1,211,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,211,000
Water Project 26: Bandit/John McCain Decommissioning of 6" and Connect 12" - DESIGN/CONSTRUCTION $176,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $176,000
Water Project 27: Colleyville Boulevard Water Line Upsizing - DESIGN/CONSTRUCTION $4,570,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,570,000
Wayne Drive - Rehabilitation $160,276 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $160,276
Woodland Hills Subdivision - Rehabilitation $1,295,667 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,295,667
WW Project 10: Rehab Category 2 Manholes (Phase 1) - DESIGN/CONSTRUCTION $710,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $710,000
WW Project 11: Remaining Manhole Assessment Program - DESIGN/CONSTRUCTION $277,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $277,000
WW Project 12: Rehab Priority 1 Manholes Identified in Assessment Program - DESIGN/CONSTRUCTION $415,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $415,000
WW Project 13: Highland/Pool/Summertree Sewer Line Replacement - DESIGN/CONSTRUCTION $1,407,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,407,000
WW Project 14: Sewer Line Renewal Program, Phase 3 - DESIGN/CONSTRUCTION $3,304,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,304,000
WW Project 15: Brook Meadows Sewer Line Improvements - DESIGN/CONSTRUCTION $758,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $758,000
WW Project 16: Rehab Priority 2 Manholes Identified in Assessment Program - DESIGN/CONSTRUCTION $1,416,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,416,000
WW Project 17: Sewer Line Renewal Program, Phase 4 - DESIGN/CONSTRUCTION $3,946,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,946,000
WW Project 6: Emerald Park Sewer Line Replacement - DESIGN/CONSTRUCTION $800,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $800,000
WW Project 7: Saddlebrook Addition Sewer Line Replacement - DESIGN/CONSTRUCTION $790,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $790,000
WW Project 8: Glade/Camelot Sewer Line and Manhole Replacement - DESIGN/CONSTRUCTION $412,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $412,000
WW Project 9: Sewer Line Renewal Program, Phase 2 - DESIGN/CONSTRUCTION $2,936,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,936,000
114,798,123 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $114,798,123
Exhibit "A"
RESOLUTION R-18-4240
A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER
CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF
MARCH 6, 2018
WHEREAS, City 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 City Council action
under Consent Items as follows are hereby adopted:
a. Approval of the minutes of the regular City Council
meeting of February 20, 2018
b. Approval of an Interlocal Agreement with Tarrant County
for the resurfacing of Montclair Drive, Pleasant Run Road
north of John McCain Road, Wayne Drive, and Bluebonnet
Drive, and authorizing the city manager to execute the
agreement
c. Approval of a license agreement with DART for the
installation of a 12-inch water line, inside a 20-inch
casing, across the Pleasant Run Road Railroad crossing,
and authorize the city manager to execute the license
agreement and any related agreements necessary to
obtain right of entry for the City and its contractors
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF tpAYES, 0 NAYS AND Q ABSTENTIONS ON THIS
THE 6TH DAY OF MARCH 2018.
Mayor Richard Newton AK Mayor Pro Tem Bobby Lindamood YE
Place 1, Tammy Nakamura ft YE Place 3, Kathy Wheat E
Place 4, George Dodson A yE Place 5, Nancy Coplen
Place 6, Mike Taylor take_
ATTEST: CITY OF COLLEYVILLE
Porev`..
Christine Loven, TRMC Richard Newton
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 6 Agenda Date 01/22/2019
Type Report
Department Finance
Title
Monthly Financial Report - December 31, 2018
Explanation
General Fund
As of December 31, 2018, the general fund earned $7,674,979 in revenues and
incurred $5,083,986 in expenditures.
Ad Valorem tax revenue
Historically, about 96% of the budgeted Ad Valorem tax revenue is collected by
February.
As of December 31, 2018 the city collected $6,539,937 or 45.66% of the
budgeted revenue of $14,322,575.
Franchise Fee revenues
The majority of franchise fee revenue is received on a quarterly or annual
basis starting in January.
As of December 31, 2018 the city collected $165,294 or 7.85% of the budgeted
Franchise fee revenue of $2,105,000.
Sales tax revenue
In accordance with Generally Accepted Accounting Standards, revenues should be
recorded in the period in which they were earned.
As of December 31, the city received $301,063 in general fund sales tax revenue, an
increase of 1.24% from the prior year. That revenue was earned in October 2018.
January's monthly financial report will reflect $292,303.55 in sales tax revenue earned
in November and received in January, which is 4.60% below the amount reported for
the same month of the prior year.
The cumulative sales taxes collected as of January 2019 is $593,366.99, a decrease of
City Council Agenda Briefing
City of Colleyville Page 2
1.72% or $10,407.37 from the prior year.
Month Earned October November
Month Received December January
Monthly Report December January
TOTAL
FY2018 $ 297,364.41 $ 306,409.95 $ 603,774.36
FY2019 $ 301,063.43 $ 292,303.55 $ 593,366.99
$ Increase
(Decrease)$ 3,699.02 $ (14,106.39)$ (10,407.37)
% Increase
(Decrease)1.24%-4.60%-1.72%
Utility Fund
As of December 31, 2018, the utility fund earned $3,026,515 in revenues and incurred
$2,612,629 in expenditures. The base rate revenues are in line with budget.
The water volumetric rate revenue is significantly down compared to the same month
last year due to the excessive rain fall we experienced.
FY19 Budget YTD Revenues
Water - Base Rate $1,692,467 $444,576
Water – Volumetric Rate 9,794,756 1,334,371
Wastewater - Base Rate 1,281,578 315,839
Wastewater - Volumetric Rate 3,299,803 818,879
Debt Service Fund
As of December 31, 2018, the Debt service fund paid the annual fire engines'
lease payments. The Ambulance lease payment is due in June. Debt payments
usually occur in August and February.
Most of the Ad Valorem taxes collections take place between December and February.
Drainage Fees Fund
As of December 31, 2018, the Drainage fees fund spent $118,697 out of its $771,136
expense budget and earned $262,095 in revenues which is 26.95% of the budgeted
revenue of $972,448.
City Council Agenda Briefing
City of Colleyville Page 3
Attachments
1.December 2018 Monthly Financial Report
2.General Fund - Sales Tax Revenue
3.December 2018 Monthly Financial Report Presentation
GENERAL FUND ACTIVITY
FY 2019 YTD PERCENT
FY 2019 AS OF OF BUDGET
SUMMARY BUDGET 12/31/2018 USED
Revenues 24,110,961 7,674,979 31.83%
Expenditures 24,044,488 5,083,986 21.14%
Revenues over expenditures $66,473 $2,590,994
GENERAL FUND RECEIVED AVERAGE ACTUAL RECEIVED
FY 2019 YTD PERCENT YTD BALANCE FY 2018 YTD PERCENT
FY 2019 AS OF OF BUDGET AS A PERCENT OF AS OF CHANGE OVER
REVENUE SOURCE BUDGET 12/31/2018 RECEIVED YEAR END BAL 12/31/2017 PRIOR YEAR
Current Taxes 14,242,575 6,523,692 45.80% 44.93% 7,089,582 -7.98%
Delinquent Taxes 25,000 12,333 49.33% 21.51% 26,829 -54.03%
Penalty & Interest 55,000 3,912 7.11% 6.96% 4,652 -15.90%
TOTAL AD VALOREM TAXES 14,322,575 6,539,937 45.66% 44.70% 7,121,062 -8.16%
Oncor Electric 890,000 - 0.00% 0.00% - 0.00%
Tri-County Electric 105,000 - 0.00% 0.00% - 0.00%
Atmos Gas 350,000 - 0.00% 0.00% - 0.00%
AT&T 60,000 12,725 21.21% 25.77% 14,647 -13.12%
Verizon/Others 65,000 18,379 28.28% 24.16% 18,629 -1.34%
Refuse/Recycling 160,000 25,832 16.15% 17.35% 31,151 -17.07%
Cable TV 475,000 108,358 22.81% 24.78% 114,755 -5.58%
TOTAL FRANCHISE TAXES 2,105,000 165,294 7.85% 8.58% 179,182 -7.75%
Sales Tax 3,903,292 301,063 7.71% 7.22% 297,365 1.24%
Mixed Beverage Tax 105,000 - 0.00% 0.00% - 0.00%
TOTAL SALES TAXES 4,008,292 301,063 7.51% 7.03% 297,365 1.24%
Building 625,000 150,330 24.05% 25.91% 227,317 -33.87%
Plumbing 57,600 14,142 24.55% 28.41% 17,243 -17.98%
Mechanical 48,000 8,136 16.95% 23.70% 11,472 -29.07%
Electrical Permits 57,600 13,770 23.91% 26.32% 19,168 -28.16%
City License 46,000 12,000 26.09% 19.08% 9,400 27.66%
Building Plan Review Fee 88,000 31,107 35.35% 26.09% 28,621 8.69%
New Business 7,200 1,800 25.00% 24.08% 2,000 -10.00%
Sign Permit 8,000 1,375 17.19% 25.37% 1,550 -11.29%
Fence Permit 15,000 3,800 25.33% 24.15% 2,625 44.76%
Fire Permits 8,000 3,030 37.88% 24.04% 2,210 37.10%
Irrigation Permit 15,000 2,775 18.50% 27.29% 4,362 -36.38%
TOTAL LICENSES & PERMITS 975,400 242,266 24.84% 25.69% 325,967 -25.68%
City of Colleyville
General Fund Monthly Financial Report
As of 12/31/2018 - End of 25% of the Fiscal Year
1
GENERAL FUND - CONTINUED RECEIVED AVERAGE ACTUAL RECEIVED
FY 2019 YTD PERCENT YTD BALANCE FY 2018 YTD PERCENT
FY 2019 AS OF OF BUDGET AS A PERCENT OF AS OF CHANGE OVER
REVENUE SOURCE BUDGET 12/31/2018 RECEIVED YEAR END BAL 12/31/2017 PRIOR YEAR
Court Fines 750,000 127,216 16.96% 23.33% 150,419 -15.43%
Alarm Fees 55,000 7,086 12.88% 10.15% 3,755 88.72%
Library Fines 17,604 3,949 22.43% 19.78% 4,527 -12.77%
TOTAL FINES 822,604 138,251 16.81% 22.28% 158,701 -12.89%
Plat Fee/Site Plan/Landscaping Plan Fee 10,500 500 4.76% 26.72% 3,265 -84.69%
Re-zoning 11,000 1,507 13.70% 19.55% 770 95.71%
Board of Adjustment 2,000 175 8.75% 23.09% 525 -66.67%
Sale of Material 100 - 0.00% 34.94% 268 -100.00%
Weed Mowing 6,000 510 8.50% 22.19% - 0.00%
Ambulance 345,000 80,628 23.37% 23.93% 88,893 -9.30%
Recreation Program 195,000 28,603 14.67% 12.75% 48,248 -40.72%
Credit Card Fee Revenue 16,000 4,052 25.33% 0.00% 3,202 26.56%
Transfers from Other Funds - - 0.00% 0.00% - 0.00%
Engineering & Inspection 15,000 - 0.00% 35.42% 2,250 -100.00%
Material Testing 8,000 - 0.00% 12.44% 785 -100.00%
Lot Drainage Insp Fee 17,000 3,875 22.79% 29.41% 6,500 -40.38%
Field Use Charge 21,500 11,325 52.67% 48.20% 10,680 6.04%
Colleyville Center Rental 230,000 35,168 15.29% 21.78% 43,796 -19.70%
Non-Resident Fee Parks 40,000 23,500 58.75% 48.95% 21,495 9.33%
Transfer from Utility Fund 226,117 0.00% 0.00% - 0.00%
Transfer from TIF 159,390 0.00% 0.00% - 0.00%
TOTAL CHARGES FOR SERVICE 1,302,607 189,843 14.57% 16.27% 230,676 -17.70%
Keller Court 260,538 - 0.00% 0.00% - 0.00%
SRO Officer Reimb 103,945 - 0.00% 0.00% - 0.00%
TOTAL INTERGOVERNMENTAL 364,483 - 0.00% 0.00% - 0.00%
Sale of Surplus Property 5,000 14,116 282.32% 50.08% 36,523 -61.35%
Interest Income 55,000 41,763 75.93% 8.11% 14,254 192.99%
Miscellaneous 60,000 7,768 12.95% 25.36% 52,778 -85.28%
Antenna Lease 90,000 34,678 38.53% 21.36% 15,211 127.98%
TOTAL MISCELLANEOUS 210,000 98,325 46.82% 15.86% 118,766 -17.21%
TOTAL GENERAL FUND REVENUES 24,110,961 7,674,979 31.83% 30.80% 8,431,719 -8.97%
TOTAL PERCENT
FY 2019 THROUGH THROUGH INCREASE INCREASE
BUDGET 12/31/2018 12/31/2017 (DECREASE) (DECREASE)
RESIDENTIAL BLDG PERMITS 115 28 47 (19) -40.43%
COMMERCIAL BLDG PERMITS 7 2 0 2 200.00%
GENERAL FUND EXPENDITURES EXPENDED
EXPENDED PERCENT PERCENT OF FY 2018 YTD
FY 2019 THROUGH OF BUDGET FISCAL YEAR BUDGET AS OF
BUDGET 12/31/2018 EXPENDED COMPLETE REMAINING 12/31/2017
Personnel services 15,336,809 3,603,118 23.49% 25.00% 11,733,691 3,469,339
Contractual Services 5,379,345 1,226,076 22.79% 25.00% 4,153,269 1,256,078
Supplies 1,299,628 254,792 19.60% 25.00% 1,044,836 115,673
Capital Outlay 14,000 - 0.00% 25.00% 14,000 -
Transfer to other fund 2,014,706 - 0.00% 25.00% 2,014,706 -
TOTAL EXPENDITURES 24,044,488 5,083,986 21.14% 25.00% 18,960,502 4,841,090 2
UTILITY FUND ACTIVITY
FY 2019 YTD PERCENT
FY 2019 AS OF OF BUDGET
SUMMARY BUDGET 12/31/2018 USED
Revenues 16,405,604 3,026,515 18.45%
Expenditures 16,405,604 2,612,629 15.93%
Revenues over expenditures - 413,886
UTILITY FUND AVERAGE ACTUAL
RECEIVED PERCENT YTD BALANCE RECEIVED EXPENDED
FY 2019 AS OF OF BUDGET AS A PERCENT OF AS OF CHANGE OVER
REVENUE SOURCE BUDGET 12/31/2018 RECEIVED YEAR END BAL 12/31/2017 PRIOR YEAR
Water - Base Rate 1,692,467 444,576 26.27% 25.00% 447,291 -0.61%
Sewer - Base Rate 1,281,578 315,839 24.64% 25.00% 321,790 -1.85%
Water - Volumetric Rate 9,794,756 1,334,371 13.62% 24.10% 2,434,726 -45.19%
Sewer - Volumetric Rate 3,299,803 818,879 24.82% 21.29% 645,630 26.83%
Water - TRA True-up - - 0.00% 0.00% - 0.00%
Sewer - TRA True-up - - 0.00% 0.00% - 0.00%
Sewer Installation 15,000 3,000 20.00% 29.97% 5,100 -41.18%
Water Installation 42,000 9,770 23.26% 30.01% 13,340 -26.76%
Engineering & Development Charges 5,000 - 0.00% 9.43% 3,926 -100.00%
Penalties 200,000 47,940 23.97% 34.51% 67,877 -29.37%
Sale of Material - 932 0.00% 35.11% 657 41.93%
Miscellaneous 15,000 3,820 25.47% 25.28% 7,102 -46.22%
TOTAL OPERATING INCOME 16,345,604 2,979,126 18.23% 25.63% 3,947,439 -24.53%
Sale of Surplus Property - - 0.00% 0.00% 8,418 -100.00%
Interest Income 60,000 47,389 78.98% 14.96% 19,184 147.02%
TOTAL NON-OPERATING INCOME 60,000 47,389 78.98% 14.37% 27,602 71.69%
TOTAL INCOME 16,405,604 3,026,515 18.45% 25.30% 3,975,041 -23.86%
TOTAL PERCENT
THROUGH THROUGH INCREASE INCREASE
12/31/2018 12/31/2017 (DECREASE) (DECREASE)
GALLONS OF WATER SOLD 482,492,600 592,935,900 (110,443,300) -18.63%
NUMBER OF WATER CUSTOMERS 10,222 10,027 195 1.94%
UTILITY FUND EXPENSES EXPENDED
EXPENDED PERCENT PERCENT OF FY 2018 YTD
FY 2019 THROUGH OF BUDGET FISCAL YEAR BUDGET AS OF
BUDGET 12/31/2018 EXPENDED COMPLETE REMAINING 12/31/2017
Personnel Services 2,041,194 429,047 21.02% 25.00% 1,612,147 423,545
Contractual services 13,667,521 1,837,761 13.45% 25.00% 11,829,760 2,267,206
Supplies 245,386 37,200 15.16% 25.00% 208,187 30,699
Debt Service - - 0.00% 25.00% - 156,913
Capital Outlay 100,000 1,404 1.40% 25.00% 98,596 897
Transfers to other funds 351,503 307,217 87.40% 25.00% 44,286 -
TOTAL EXPENSES 16,405,604 2,612,629 15.93% 25.00% 13,792,975 2,879,260
As of 12/31/2018 - End of 25% of the Fiscal Year
City of Colleyville
Utility Fund Monthly Financial Report
3
DEBT SERVICE FUND ACTIVITY
FY 2019 YTD PERCENT
FY 2019 AS OF OF BUDGET
SUMMARY BUDGET 12/31/2018 USED
Revenues 1,859,940 366,985 19.73%
Expenditures 1,859,940 164,886 8.87%
Revenues over expenditures - 202,100
DEBT SERVICE FUND RECEIVED AVERAGE ACTUAL RECEIVED
FY 2019 YTD PERCENT YTD BALANCE FY 2018 YTD PERCENT
FY 2019 AS OF OF BUDGET AS A PERCENT OF AS OF CHANGE OVER
REVENUE SOURCE BUDGET 12/31/2018 RECEIVED YEAR END BAL 12/31/2017 PRIOR YEAR
Current taxes 682,115 365,868 53.64% 44.93% 400,113 -8.56%
Delinquent taxes 5,000 697 13.95% 20.00% 1,453 -52.01%
Penalty & interest 5,000 224 4.49% 7.67% 266 -15.67%
Interest Income 5,000 195 3.91% 18.28% 115 69.81%
TOTAL AD VALOREM TAX & INTEREST 697,115 366,985 52.64% 44.53% 401,947 -8.70%
Transfer from CCPD 509,100 - 0.00% 0.00% - 0.00%
Transfer from TIF 653,725 - 0.00% 0.00% - 0.00%
TOTAL TRANSFERS 1,162,825 - 0.00% 0.00% - 0.00%
Use of Fund Balance - - 0.00% 0.00% - 0.00%
Bond proceeds & Premium - - 0.00% 0.00% - 0.00%
TOTAL REVENUE & USE OF FUND BAL 1,859,940 366,985 19.73% 26.43% 401,947 -8.70%
DEBT SERVICE FUND EXPENDED
EXPENDED PERCENT PERCENT OF FY 2017 YTD
FY 2019 THROUGH OF BUDGET FISCAL YEAR BUDGET AS OF
BUDGET 12/31/2018 EXPENDED COMPLETE REMAINING 12/31/2017
Bond & Interest Payments 1,644,628 - 0.00% 25.00% 1,644,628 -
Leases (Fire Engine & Ambulance) 215,312 164,886 76.58% 25.00% 50,426 165,324
TOTAL EXPENSES 1,859,940 164,886 8.87% 25.00% 1,695,054 165,324
City of Colleyville
Debt Service Fund Monthly Financial Report
As of 12/31/2018 - End of 25% of the Fiscal Year
4
DRAINAGE FEE FUND ACTIVITY
FY 2019 YTD PERCENT
FY 2019 AS OF OF BUDGET
SUMMARY BUDGET 12/31/2018 USED
Revenues 972,448 262,095 26.95%
Expenditures 771,136 118,697 15.39%
Revenues over expenditures 201,312 143,398
DRAINAGE FEE FUND RECEIVED AVERAGE ACTUAL RECEIVED
FY 2019 YTD PERCENT YTD BALANCE FY 2018 YTD PERCENT
FY 2019 AS OF OF BUDGET AS A PERCENT OF AS OF CHANGE OVER
REVENUE SOURCE BUDGET 12/31/2018 RECEIVED YEAR END BAL 12/31/2017 PRIOR YEAR
Drainage Revenues 956,760 248,734 26.00% 24.82% 244,452 1.75%
Other revenues (Interest, penalty,..) 15,688 13,361 85.17% 10.61% 7,007 90.68%
TOTAL REVENUES 972,448 262,095 26.95% 24.43% 251,459 4.23%
DRAINAGE FEE FUND EXPENDED
EXPENDED PERCENT PERCENT OF FY 2017 YTD
FY 2019 THROUGH OF BUDGET FISCAL YEAR BUDGET AS OF
BUDGET 12/31/2018 EXPENDED COMPLETE REMAINING 12/31/2017
Personnel Services 462,669 102,854 22.23% 25.00% 359,815 97,819
Contractual Services 134,840 7,308 5.42% 25.00% 127,532 13,581
Supplies 47,957 4,841 10.09% 25.00% 43,116 5,410
Debt Service 125,670 3,694 2.94% 25.00% 121,976 4,121
TOTAL EXPENSES 771,136 118,697 15.39% 25.00% 652,439 120,930
As of 12/31/2018 - End of 25% of the Fiscal Year
City of Colleyville
Drainage Fee Fund Monthly Financial Report
5
Month Earned October November December January February March April MayJuneJuly August SeptemberTotal GRANDMonth Received December January February March April May June July AugustSeptember October NovemberforMonthly Report December January February March April May June July AugustSeptember September SeptemberSeptember TOTALFY2010150,165.85$ 158,975.25$ 301,212.75$ 159,096.72$ 150,843.63$ 298,251.61$ 173,133.34$ 174,420.89$ 294,321.45$ 313,300.51$ 181,373.75$ 281,864.50$ 776,538.76$ 2,636,960.25$ FY2011183,520.95 159,941.30 297,481.04 156,755.37 161,072.29 339,101.69 141,724.72 203,977.86 302,077.93 200,233.63 188,273.19 307,514.97 696,021.79 2,641,674.92 FY2012193,879.59 189,729.26 361,026.99 172,368.02 180,462.59 296,265.83 194,023.60 204,168.58 301,307.85 233,545.43 217,216.58 312,642.69 763,404.71 2,856,637.01 FY2013218,153.65 199,036.10 350,368.75 213,819.27 197,512.45 321,765.08 219,952.49 243,831.46 320,625.44 242,530.20 231,205.74 313,542.09 787,278.03 3,072,342.72 FY2014235,400.44 216,865.20 367,651.14 208,294.01 203,731.52 353,689.31 243,634.49 270,606.87 372,730.65 249,630.67 274,841.36 352,977.18 877,449.21 3,350,052.85 FY2015252,984.93 235,607.79 403,762.59 220,614.07 216,703.67 352,423.43 261,131.21 253,443.92 347,971.66 271,086.53 267,688.77 371,653.87 910,429.17 3,455,072.45 FY2016255,064.84 248,401.13 413,249.95 252,874.71 237,439.69 398,608.11 277,731.09 304,365.63 383,365.59 272,132.85 299,838.99 388,826.41 960,798.25 3,731,899.01 FY2017269,139.11 294,631.90 418,225.68 265,326.70 250,106.54 380,739.15 258,902.11 299,761.70 371,734.47 282,660.17 292,913.09 364,733.48 940,306.75 3,748,874.11 FY2018297,364.41 306,409.95 410,852.61 244,734.43 250,606.68 418,961.28 284,112.21 316,927.01 404,660.33 287,843.13 302,986.37 372,175.52 963,005.03 3,897,633.95 FY2019301,063.43 292,303.55 - - - - - - - - - - - 593,366.99 $ Change3,699.02 (14,106.39) % Change1.24% -4.60%Month Earned October November December January February March April MayJune July August SeptemberMonth Received December January February March April May June July August September October NovemberMonthly Report December January February March April May June July August September September SeptemberFY2010150,165.85$ 309,141.09$ 610,353.85$ 769,450.57$ 920,294.19$ 1,218,545.81$ 1,391,679.15$ 1,566,100.03$ 1,860,421.49$ 2,173,721.99$ 2,355,095.75$ 2,636,960.25$ FY2011183,520.95 343,462.25 640,943.29 797,698.65 958,770.94 1,297,872.63 1,439,597.35 1,643,575.21 1,945,653.13 2,145,886.76 2,334,159.95 2,641,674.92 FY2012193,879.59 383,608.85 744,635.83 917,003.85 1,097,466.45 1,393,732.28 1,587,755.88 1,791,924.46 2,093,232.31 2,326,777.74 2,543,994.32 2,856,637.01 FY2013218,153.65 417,189.75 767,558.51 981,377.77 1,178,890.22 1,500,655.30 1,720,607.79 1,964,439.25 2,285,064.69 2,527,594.89 2,758,800.63 3,072,342.72 FY2014235,400.44 452,265.64 819,916.78 1,028,210.79 1,231,942.31 1,585,631.63 1,829,266.11 2,099,872.98 2,472,603.63 2,722,234.31 2,997,075.67 3,350,052.85 FY2015252,984.93 488,592.72 892,355.31 1,112,969.39 1,329,673.05 1,682,096.49 1,943,227.70 2,196,671.62 2,544,643.28 2,815,729.81 3,083,418.58 3,455,072.45 FY2016255,064.84 503,465.97 916,715.93 1,169,590.63 1,407,030.33 1,805,638.44 2,083,369.53 2,387,735.16 2,771,100.75 3,043,233.61 3,343,072.59 3,731,899.01 FY2017269,139.11 563,771.01 981,996.69 1,247,323.39 1,497,429.93 1,878,169.08 2,137,071.19 2,436,832.89 2,808,567.36 3,091,227.53 3,384,140.63 3,748,874.11 FY2018297,364.41 603,774.36 1,014,626.97 1,259,361.41 1,509,968.09 1,928,929.37 2,213,041.58 2,529,968.59 2,934,628.93 3,222,472.06 3,525,458.43 3,897,633.95 FY2019301,063.43 593,366.99 $ Change3,699.02 (10,407.37) % Change1.24% -1.72%Ten Years Cumulative General Fund - 1 Cent Sales Tax General Fund Sales Tax RevenueTen Years General Fund - 1 Cent Sales Tax by Month $220,000.00 $230,000.00 $240,000.00 $250,000.00 $260,000.00 $270,000.00 $280,000.00 $290,000.00 $300,000.00 $310,000.00FY2015 FY2016 FY2017 FY2018 FY2019TOTAL252,984.93 255,064.84 269,139.11 297,364.41 301,063.43December Monthly Report (October SalesTax) $- $100,000.00 $200,000.00 $300,000.00 $400,000.00 $500,000.00 $600,000.00 $700,000.00FY2015 FY2016 FY2017 FY2018 FY2019TOTAL488,592.72 503,465.97 563,771.01 603,774.36 593,366.99Cumulative January Monthly Report (October-November SalesTax)
Monthly Financial Report
December 2018
City Council Meeting
January 22, 2019
Agenda Item - Items not for council action
General Fund
Highlights:
•Property Taxes: At 46% of the budget. On
track with historical trend.
•1 cent sales tax: Revenue earned in October.
Up 1.24%.
•Franchise Fees: Major activity starts January
through annual and quarterly payments.
•Expenditures: On track with budget
General Fund Sales Tax Revenue
Utility Fund
Highlights:
•Base rate: On track with budget
•Water volumetric rate: Down 45%
due to the increase in rain fall and
decline in consumption
•Residential sewer winter Average :
December, January, and February
Debt Service Fund
Highlights:
•Property Taxes: At 45% of the budget. On
track with historical trend.
•Lease-purchase payments:
•Fire engine payments made
•Ambulance payment - due in June
•Bond payments:
•Principal & first interest payment - due in
February
•Second interest payment – due in August
Drainage Fund
Highlights:
•Drainage fee revenues: Up 1.75%. At 26%
of the budget.
•Expenditures: On track with budget
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 7a Agenda Date 01/22/2019 Number Ordinance O-19-2073
Type Ordinance
Department Community Development
Title
Consideration of amendments to the Land Development Code, specifically Chapter 5 –
Tree Preservation
Strategic Plan
4.3 Adopt best-practice planning and development processes
Explanation
Second Reading and Public Hearing
There were no speakers regarding this item at the January 15, 2019 City Council
Meeting.
First Reading and Public Hearing
The City Council had instructed staff to review and propose amendments to each
chapter within the City's Land Development Code (LDC). City staff has already
reviewed the attached chapters with the City Council at a recent worksession meeting.
The process for adopting amendments to the LDC include formal review and
recommendation by the Planning and Zoning Commission, followed by formal review
and approval by the City Council.
The attached chapters are a continuation of the formal adoption process. Any
remaining chapters will be brought forward over the next several months until the
entire Land Development Code has been reviewed.
Parks & Recreation Advisory Board: At their October 8th Meeting, the City's Urban
Forester discussed the proposed changes to Chapter 5. The Board members were in
support of the changes.
Planning & Zoning Commission Recommendation: The Planning & Zoning
Commission recommended approval of the amendments at their December 10, 2018
meeting by a vote of 5-1.
Financial Impact
There is no fiscal impact to the City of Colleyville for this item.
Recommendation
Approve
City Council Agenda Briefing 7a
City of Colleyville Page 2
Attachments
1.Ch. 05 Tree Preservation - Existing Regulations
2.Ch. 05 Tree Preservation DRAFT Revisions
3.Tree List
4.Ordinance - O-19-2073 Amendments to Chapter 5
Chapter 5
Tree Preservation
(10/6/2014)
Section 5.1 Purpose of This Chapter
The intent of this Chapter is to encourage site planning which furthers the preservation of trees
and natural areas; to protect trees during construction; to facilitate site design and construction
which contribute to the long term viability of existing trees; and to control the removal of trees
when necessary. It is the further intent of this Chapter to achieve the following broader
objectives:
Protect healthy trees and preserve the natural ecological environmental and aesthetic qualities of
the City.
Protect and increase the value of residential and commercial properties within the City.
Prohibit the indiscriminate clear cutting of property.
Section 5.2 Authorization for Adoption of This Chapter
The regulations contained in this Chapter have been adopted under the authority of Chapter 51 –
General Powers of Municipalities of the Texas Local Government Code, which authorizes a
municipality to adopt ordinances, rules, or police regulations that are for the good government,
peace, or the trade and commerce of the municipality. This Chapter is also adopted under the
authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to
exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 5.3 Variances and Appeals
Except where provided in this chapter, any person seeking approval of a development as
required by this Land Development Code may request a variance from a requirement contained
in this chapter, or appeal a decision of an Administrative Official by submitting a request using the
procedures described in Chapter 1 – General Provisions of this Land Development Code.
Section 5.4 Definitions
Definitions applicable to this Chapter may be found in Chapter 2 – Definitions of this Land
Development Code.
Section 5.5 Tree Removal Permit
No person directly or indirectly shall cut down, destroy, remove, move, or effectively destroy
through damaging the roots, trunk or canopy, any tree situated on property regulated by this
Chapter without first obtaining a tree removal permit, unless otherwise exempted by the
provisions of this Chapter.
Section 5.6 Applicability
The terms and provisions of this Chapter shall apply to real properties, persons and trees as
follows:
Page 5-1
A. Properties which are regulated by this Chapter:
1. Any real property upon which any protected tree is located.
2. All municipal / public domain property.
Section 5.7 Permit and Fee Requirements
The Administrative Official is responsible for the review and approval or disapproval of all
requests for tree removal permits. The request shall be submitted in accordance with the
requirements specified herein.
A. Tree Removal Permit: A request for a tree removal permit must be submitted and
approved prior to the removal of any tree. Where any tree is slated for removal, no site
grading, dirt disturbance or new construction may occur on the property until a tree
removal permit has been issued.
B. Fees: All tree removal permits shall be accompanied by a check made payable to the
City of Colleyville per the following schedule:
1. The resident of a single family home removing all or a portion of a tree which exists
on the lot of record on which the single family home is built:………no fee required.
Exception: For properties larger than two acres in size, if more than five protected
trees are removed as part of a tree removal permit, the administrative official may
require payment of a fee per sub-section two below only if the Administrative Official
determines an intent to “clear cut” the property as described in Section 5.10(A)1b.
2. All other properties including rights-of-way:…….$50.00, plus $25.00 per protected
tree on the property, right-of-way, or development site. For residential subdivisions,
the entire subdivision shall be considered the development site. Upon application
submittal, the total number of protected trees on the site, including exempted areas,
shall be indicated on the application form in order to determine the fee, which shall
be paid at the time of submittal. If, upon review of the application and/or tree
preservation plan, it is determined that the amount of protected trees tallied is
incorrect, the difference in the fee calculation shall be paid, or refunded, prior to the
issuance of the tree removal permit.
Section 5.8 Submittal Requirements for Tree Removal Permits
Any tree removal permit request that requires the removal of a protected tree shall be
accompanied by a tree preservation plan. As determined by the Administrative Official, tree
removal permit applications that require no fee as listed in Section 5.7(B) above or require the
removal of a minimal amount of trees on existing developed properties or within existing rights-of-
way may not require a complete tree preservation plan and may only require a description of the
trees to be removed showing a limited portion of a site or right of way may be based on an exhibit
showing only that portion of the site.
A. TREE PRESERVATION PLAN – Note: a tree preservation plan shall be submitted with a
tree removal permit application form including payment of the required fee. The items
required on a tree preservation plan shall, at a minimum, include the following:
1. Title Block: includes street address; legal description (lot and block, subdivision
name); date or revised date, north arrow; graphic (and written) scale; name, address,
telephone number of owner and of person preparing the exhibit.
Page 5-2
2. Location of all existing or proposed structures, improvements and site uses including
pavement and landscaping, setback, easements and service connections, all
properly dimensioned and referenced to property lines,
3. Existing and proposed site elevations, grades and major contours. Construction
details of permanent grade changes around all trees.
4. Location of trunks, canopies and species of all existing protected trees, graphically
differentiating between the trees to remain and those to be removed. A plus (+)
character shall indicate trunk location and concentric circle shall indicate the size and
canopy configuration. All protected trees shall be assigned a unique number
classification.
5. Proposed general areas or locations of the replacement trees.
6. Locations of all critical root zones as defined in Chapter 2 – Definitions.
Additionally, tree information required shall be summarized in tabular form on the
mitigation table in a format matching the example below and shall include:
7. The detailed list of trees to be removed including the classification number, exempt or
non-exempt status, and whether the tree is to be saved or removed.
8. The total diameter of trees to be removed.
9. Replacement trees listed by species name, quantity, size and total diameter required
for replacement of trees. (See Section 5.15 for replacement tree list.)
10. The tree preservation plan must be prepared and sealed by a registered landscape
architect in the State of Texas.
Example of Tree Survey and Mitigation Table to Be Inserted on Preservation Plan
Tree
Species
Number
of Trees
on Site
Total
Caliper
Inches
Number
of
Exempt
Trees
Removed
Caliper
Inches
Exempt to be
Removed
Number of
Non-
Exempt
Trees
Removed
Caliper
Inches Non-
Exempt to
be Removed
Replacement
Trees to be
Planted
(3" Caliper)
Red Oak 12 108 3 42 1 12 4
Post Oak 35 350 18 168 2 24 8
Cedar 10 89 1 12 0 0 0
Pecan 5 75 0 0 5 75 25
TOTAL 62 622 22 222 8 111 37
B. Permit Validity: Permits for tree removal issued in connection with a building permit,
subdivision plat and site plan shall be valid for the period of that plat’s, building permit's
or site plan's validity. Permits for tree removal not issued in connection with a building
permit, subdivision or a site plan shall become void thirty (30) days after the issue date
on the permit.
C. Timing of Submittal: The tree preservation plan shall be submitted as follows:
1. New subdivisions that include new streets and/or significant public improvements –
submitted on or before the subdivision plat application submittal.
Page 5-3
2. New commercial construction – submitted on or before the submittal of the required
administrative site plan application.
3. New home construction on existing platted lots – submitted on or before the building
permit application submittal.
4. All other situations – as required by the Administrative Official.
D. Construction Plan Notations - The following notes shall be required to be shown on all
construction plans:
1. All trees shown on this plan to be preserved shall be protected during construction
with temporary fencing. Tree protection fences shall be installed prior to the
commencement of any site preparation work (clearing, grubbing or grading).
2. Fences shall completely surround the tree or clusters of trees. The fence shall be
located at the outermost limits of the tree branches or critical root zone. The fence will
be maintained throughout the construction project in order to prevent the following.
a. Soil compaction in the critical root zone resulting from vehicular traffic or storage
of equipment or materials.
b. Critical root zone disturbances due to grade changes greater than two inches (2”)
cut or fill or boring which was not authorized by the City.
c. Wounds to the trunk, limbs or exposed roots by mechanical equipment.
d. Other activities detrimental to trees such as chemical storage, cement truck
cleaning, and fires.
3. In cases of area constraints where the protective fence is closer to the trunk than four
feet (4’), the trunk must be protected with strapped-on planking to a height of eight feet
(8’) or to the limits of the lower branching.
4. All grading within critical root zones of protected trees shall be performed by hand or
small equipment to minimize damage. Prior to grading, relocate the protective fencing
to two feet (2’) behind the grade change area.
5. Trees most heavily impacted by construction activities should be watered deeply once
a week during periods of hot and dry weather. Tree crowns should be sprayed with
water periodically to reduce dust accumulation on the leaves.
6. Trenching for landscape irrigation shall be located as far from the existing trunks as
possible.
7. Pruning to provide clearance for structures, vehicular traffic and equipment shall take
place before construction begins.
Section 5.9 Minimum Tree Preservation Requirements
A. Whenever a new residential subdivision plat is submitted for review, the Planning and
Zoning Commission may evaluate whether an alternate street layout and grading plan
which complies with all City subdivision standards would result in substantially greater
compliance with the minimum tree preservation requirements of this section. In the event
Page 5-4
such an alternate layout is determined by the Commission to be a reasonable use of the
land then the applicant may substitute said alternative plan without being required to
submit a new plat application. If, however, the applicant does not substitute said alternate
layout or another acceptable plat to the Commission, failure of the applicant to do so shall
be a basis for denial of the applicant's plat application.
B. Minimum Existing Tree Preservation Requirements: When any new construction occurs,
there shall be a minimum number of trees protected on the property. For new residential
subdivisions, the entire boundary of the subdivision shall be considered as one property
for the purpose of this section. The chart below shall be used to determine the minimum
protection requirements:
Existing Tree Coverage Preservation Requirements:
Percentage of existing protected canopy tree
coverage
Minimum percentage of the existing protected canopy tree coverage to be
preserved
0% – 20% 70%
20.1 – 40% 60%
40.1% - 60% 50%
60.1% - 80% 40%
80.1% - 100% 30%
For the purpose of this section, canopy coverage shall be calculated based on the
formula for the area of a circle with the individual tree radii equaling the diameter inches
of the trunk of each protected tree measured at 4.5 feet above the base of the tree where
it meets the ground. This calculation method may apply to developments approved, but
not finaled, prior to October 6, 2014. Protected trees located within any of the exempted
areas specified in Section 5.10(B) below may be credited toward the minimum existing
preservation coverage requirements in the above table such that no more than 50% of
the existing protected trees may be credited within an exempt area. NOTE: The
minimum preservation coverage requirements listed above shall not be eligible for
mitigation as described in Section 5.12.
C. Exemption Provisions for Preserving Native Tree Stands: Given the requirements of
Section B above, as an incentive for preserving groups of native trees in place, a
development may be exempted from the mitigation requirements of Section 5.12. The
purpose of the exemption would be to reward a more context sensitive approach in
preserving native tree clusters such that the root systems of the trees to be preserved are
not disturbed and the tree clusters left in their natural condition. In order to meet this
exemption, the development must meet the following conditions:
1. The preservation area(s) shall, at a minimum, meet the requirements of Section B
above with the following exception: the 50% credit provision shall not apply to the
exemption provisions of this section;
2. The proposed preservation area(s) shall be identified on the tree preservation plan;
3. A minimum of 80% of the trees identified within the preservation area on the plan
shall be regionally native trees, not classified as exempt, with emphasis given to
native oak species;
4. Where possible, preserved trees should be grouped together with as few detached,
designated preservation areas on the tree preservation plan as possible;
5. Final approval of the exemption provisions of this section shall be required by the
Administrative Official. If approved, notwithstanding the requirements of Section D
below, then all trees not located within a preservation area on the tree preservation
Page 5-5
plan shall be classified as exempt from the mitigation provisions of Section 5.12 and
the protection provisions of this chapter.
6. Approved preservation areas shall contain a perimeter fence, meeting the
requirements of this chapter, around the entire preservation area until the
development construction receives approval of a final inspection from the City. Said
fence shall be placed a minimum of five feet from the outside edge of the drip line of
any tree within said area. No earthwork, vehicle and equipment storage, or
encroachments of any kind are permitted within the preservation area. No
undergrowth shall be removed from a preservation area.
D. Preservation of Heritage Trees: Heritage Trees, as defined in Chapter 2 - Definitions,
may not be classified as exempted trees, regardless of whether or not they are located in
any exempted area.
Section 5.10 Exempt and Non-Exempt Provisions
A. Exempted Persons
1. Exempted Persons: The following persons are exempt from the provisions of this
Chapter only to the extent of their control over the particular class of properties and
trees described below. Persons exempt from these provisions shall not be required
to obtain tree removal permits.
a. An employee of the City of Colleyville, a public utility or an authorized contractor
working in a dedicated public right-of way may in the course of business, may
remove or prune that portion of a tree which prohibits the safe construction,
repair or maintenance of a service line or facility.
b. The resident of a single family home may remove all or a portion of a tree which
exists on the lot of record on which the single family home is built. Exception:
For properties larger than two acres in size, if more than five protected trees are
removed as part of a tree removal permit, the administrative official may require
the resident to comply with the mitigation and preservation provisions of this
chapter if it is deemed that an attempt to “clear-cut” all or a portion of the property
in being made where no new accessory building, pool, building addition or other
similar construction, not involving a principal permitted use, is being proposed as
part of a submitted active building permit application. Any decision of the
Administrative Official may be appealed per the provisions in Section 5.13. As it
relates to this sub-section only, any appeal request shall not require payment of
an application fee and said request shall be scheduled on the next available
meeting.
c. A property owner or his authorized contractor, employee or tenant may remove a
tree which has become severely diseased or damaged to the extent that it is
beyond the point of recovery or is in danger of falling, as determined by the
Administrative Official.
d. All landscape nurserymen shall be exempt from the terms and provisions of this
section only in relation to those trees planted and growing on the nursery
premises which are planted and grown for the sale or intended sale to the
general public.
e. Any person may remove all or a portion of a tree which has disrupted a public
utility service due to tornado, storm, flood, or other act of God, but only that
portion of the tree which is necessary to safely restore normal utility service.
Page 5-6
f. The following persons shall be exempt from the tree replacement provisions of
this Chapter. However, such persons shall provide tree protection and
replacements as per this Chapter for all remaining trees in non-exempt areas.
(1) A person performing work authorized by a building permit in the residential
buildable area (building setback envelope).
(2) A person performing work authorized by an approved site plan in the
commercial building footprint.
(3) A person performing work authorized by the approved grading and drainage
plan in the residential setback envelope as part of the construction of a new
subdivision only.
(4) An employee of the City of Colleyville and a public utility. Persons
specifically performing work on a public improvement as part of a new
subdivision plat or a separate dedication instrument in a dedicated public
right-of-way, drainage or utility easement are hereby exempt. For the
purpose of this sub-section, public improvements shall include any drainage
facilities, utilities or streets/sidewalks/trails. Fences, gates and open space
amenities are not considered public improvements.
B. Exempted Areas
1. New Residential Subdivisions that include public or private street dedications: Except
where noted above, the following areas shall be exempt from the tree preservation
requirements of this chapter:
a. Rights-of-way of newly dedicated streets; lots containing private streets.
b. Easements, only where new public improvements or facilities are being
constructed
c. Residential setback envelope
d. Residential driveway: Note: this area may only be declared exempt by the City
Council in a situation where no reasonable alternative driveway placement exists
on the property such that protected trees may be avoided. The City Council
determination process shall be through the submittal of an appeal request. As it
relates to this sub-section only, any appeal request shall not require payment of
an application fee and said request shall be scheduled on the next available
meeting.
2. Existing Platted Residential Lots and New Residential Subdivisions with no new
public or private street Dedications: Except where noted above, the following areas
shall be exempt from the tree preservation requirements of this chapter:
a. Residential setback envelope
b. Residential driveway: Note: this area may only be declared exempt by the City
Council in a situation where no reasonable alternative driveway placement exists
on the property such that protected trees may be avoided. The City Council
determination process shall be through the submittal of an appeal request. As it
relates to this sub-section only, any appeal request shall not require payment of
Page 5-7
an application fee and said request shall be scheduled on the next available
meeting.
3. Platted Commercial/Institutional Lots: Except where noted above, the following areas
shall be exempt from the tree preservation requirements of this chapter:
a. Trees located within the new commercial/institutional building footprint and any
tree located within five feet of said building footprint.
C. Exempted Tree Species
1. Exempted Tree Species: The following tree species shall be exempt from the tree
preservation requirements of this chapter:
a. Mesquite
b. Hackberry
c. Chinese Tallow
d. Cottonwood Trees under 18 inches in diameter width
e. Cedar trees (Cupressaceae family) - Exceptions: Any species of cedar utilized
for required landscape screening as required by the Land Development Code or
the provisions of any other City ordinance and/or conditional variance shall not
be considered as exempt. Additionally, any Eastern Red Cedar planted as a
replacement tree per the provisions of this chapter shall not be considered as
exempt. Otherwise, any eastern red cedar that does not meet the above
exceptions shall be considered exempt only if the tree is less than 13 inches in
diameter width.
f. Other regionally non-native tree species not listed on the tree replacement list in
Section 5.14 and as determined by the Administrative Official based on the
written recommendation of a certified arborist and/or landscape architect
contracted or employed by the City. Said written recommendation shall kept on
file in the appropriate development records for the property for which the
determination is made.
Section 5.11 Tree Protection
A major purpose of this Chapter is to protect all trees which are not removed and to allow
approved construction to occur. The following procedures shall apply to all types of
construction projects, public and private, which involve development around trees.
The following procedures are deemed appropriate in the situations noted; however, unique
circumstances may allow modifications if deemed necessary by the Administrative Official.
A. Prohibited Activities: The following activities shall be prohibited with the limits of the
critical root zone of any tree which is subject to the requirements of this Chapter.
1. Material Storage: No materials intended for use in construction or waste materials
accumulated due to excavation or demolition shall be placed within the limits of the
critical root zone of any tree.
Page 5-8
2. Equipment Cleaning / liquid disposal: No equipment may be cleaned or other liquids
deposited within the limits of the critical root zone of a tree. This would include but
not be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials.
3. Tree Attachments: No signs, wires or other attachments, other than those of a
protective nature shall be attached to any tree.
4. Vehicular Traffic: No vehicular and construction equipment traffic or parking is
allowed within the limits of the critical root zone of trees.
B. Pre-Construction: The ensuing procedures shall be followed prior to construction.
1. Tree Flagging: All trees to be removed from the construction site shall be flagged with
bright red vinyl tape wrapped around the main trunk at a height of four feet (4’) or
more such that the tape is visible to workers on foot or driving equipment.
2. Tree Identification: All protected trees shall be tagged with the unique classification
number described in Section 5.8. Said number shall correspond to the number listed
on the tree protection plan and shall be clearly visible and legible on a metallic
surface located between four and five feet above the base of the tree. The
classification number shall remain on the tree until all construction is complete and
final approval has been obtained by the City.
3. Protective Fencing: All protected trees shall have protective fencing located at the
tree’s critical root zone. The protective fencing shall be comprised of orange vinyl
construction fencing, with a minimum of four-foot (4’) approximate height. The
protective fencing may be located within the critical root zone of the specimen tree for
approved construction only as determined by the Administrative Official. The fencing
shall follow the delineation of the approved construction. In order to protect the trunk,
the trunks of all protected trees shall be wrapped with orange vinyl construction
fencing such that the trunk will be easily visible during construction activities.
4. Bark Protection: in situations where a tree remains in the immediate area of intended
construction, the tree shall be protected by enclosing the entire circumference of the
tree's trunk with lumber encircled with wire or other means that does not damage the
tree.
5. Construction Pruning: In a case where a low hanging limb may be broken during the
course of construction, the obtrusive limb may be cut. The limb shall be cut either
flush to the trunk on or at the next joint of the limb. The wound shall then be sealed
with pruning paint.
In no instance shall pruning involve a portion of the trunk or thirty percent (30%) of
the entire canopy without the Administrative Official's prior approval.
6. Site Signage: Prior to, and during, construction activities, a sign(s), clearly visible
from any adjacent roadways, shall be placed by the developer stating the following:
“All trees located within an orange fenced area are considered protected. To report
any tree protection violations, please contact (phone number designated by the
Administrative Official)”. The Administrative Official may require the addition of more
specific contact information to the sign. Lettering shall be a minimum of 8 inches in
height, shall be legible and able to be read from a passing vehicle on any adjacent
roadway. The sign dimensions shall, at a minimum, be five feet in width and height,
The overall sign height shall be a minimum of eight (8) feet in height measured from
the ground to the top of the sign. The sign colors shall be as follows: lettering shall
be black, the sign background shall be fluorescent green.
Page 5-9
C. Improvement within the Critical Root Zone of a Tree: Design constraints often dictate that
trees slated for preservation have some encroachment on their critical root zone, as
defined in Chapter 2 - Definitions. The following is the minimum design criteria, which is
allowed within the critical root zone of a tree. Development exceeding the criteria would
put the tree at risk and therefore no longer be considered a preserved tree. In such a
case replacement trees shall also be required.
1. Grade Changes: In the event that grade changes must be made around a tree or
group of trees, the following shall be implemented in order to maintain oxygen and
water exchange within the tree's critical root zone.
a. A minimum of seventy-five percent (75%) of the critical root zone must be
preserved at natural grade with natural ground cover or landscaping for the tree
to be considered a preserved tree.
b. No cut or fill greater than two inches (2”) shall be located closer to the tree trunk
than one half (1/2) of the radius of the critical root zone radius distance.
c. Increase Grade: Provide an aeration system just outside the tree's critical root
zone. A dry well located a minimum of one-half (1/2) of the radius of the critical
root zone.
d. Decrease Grade: Provide retaining walls outside the critical root zone to mitigate
cuts.
2. Boring of Utilities: May be permitted under protected trees in certain circumstances.
The minimum length of the bore shall be the width of the tree's canopy and shall be a
minimum depth of forty-eight inches (48”).
3. Trenching: irrigation systems shall be designed to avoid trenching across the critical
root zone of any tree.
4. Paving: A maximum of twenty five percent (25%) of the critical root zone of a tree
may be covered with impervious paving. The pavement and the cut and fill for the
pavement is to not exceed one-half (1/2) of the critical root zone radius distance.
D. Special Designated Tree Protection Areas by Other Ordinances and Plats: Any
specifically classified tree, landscape or other similar type of classification that prescribes
that trees and/or existing landscaping shall be protected within a specifically defined area
as a condition of a zoning ordinance such as PUD or SUP, variance and/or plat shall, at a
minimum, meet the following provisions:
1. During any construction activities, said area shall be completely contained within a
fenced area meeting the tagging and fencing requirements for tree protection in this
chapter.
2. Unless authorized as part of the original approving language for said area, or where
another code requirement applies to the maintenance and upkeep of high grass,
weeds and other related nuisances, no trees, landscaping, soil or vegetation of any
kind may be removed, or otherwise disturbed, within said area and no construction of
any kind may occur except
3. Unless noted as part of the original approving language for said area, the exemption
provisions for the resident of a single family home shall apply regarding the
provisions of this section.
Page 5-10
Section 5.12 Mitigation Requirements
Any protected tree which is six inches (6”) or greater that is removed, destroyed or more than
50% damaged and does not meet the exemption provisions of this chapter shall be mitigated per
the requirements of this section. In the event that the loss of a protected tree requires mitigation,
the party responsible for mitigation shall either replace the protected tree(s) by planting new
trees, pay a mitigation fee or a combination of both. For the purpose of this Chapter, trees
removed within any City right-of-way or other City owned property by anyone not exempted by
the provisions of this chapter shall be mitigated per the requirements of this section and other
applicable City ordinances.
The mitigation authorized by this section is not meant to supplant good site planning. Tree
replacement will be considered only after all design alternatives which could save more existing
trees have been evaluated.
A. Mitigation Through Planting New Replacement Trees: A sufficient number and diameter
of replacement trees shall be planted in order to equal the total diameter inches or
fraction thereof of trees six inches (6”) or greater and slated for removal.
1. All medium and large, and palm replacement trees shall be a minimum of six inches
(6”) diameter when measured one foot (1’) above the soil line and a minimum of 12
feet in height when planted. All screening and ornamental trees shall be a minimum
of three inches (3”) diameter when measured one foot (1’) above the soil line and a
minimum of eight (8) feet in height when planted.
Examples-
a. A total of 18” diameter to be removed shall be replaced with 3 – 6” diameter
medium, large or palm trees.
b. A total of 18” diameter to be removed shall be replaced with 6 – 3” diameter
screening and ornamental trees.
2. All replacement trees shall be a species listed on the replacement tree list and
guaranteed for three years from the date of the final inspection and acceptance of the
project. In instances where a replacement tree satisfies a landscaping requirement
as regulated in Chapter 4-Landscaping and Buffering, then said tree shall be
maintained per the provisions of Chapter 4.
3. The location of replacement trees is restricted from utility easements and rights-of-
way. The location shall not be in an area such that the mature canopy of the tree will
interfere with overhead utility lines. No trees shall be planted within ten feet (10’) of a
fire hydrant.
4. Replacement trees should be planted on the site from which existing trees are to be
removed. If this is not feasible, an applicant may initiate a proposal to plant trees off-
site. This may be approved if the planting site is no more than one-half mile from the
site where the original trees were removed.
a. Replacement trees shall be planted prior to the issuance of the Certificate of
Occupancy or project release. Optimum planting times do not always
correspond to project completion. For that reason, replacem ent tree plantings
may take place after the project is released by the City; provided, that before
project release, a fiscal security is posted in the amount equal to the prevailing
rate for installed trees with a three (3) year guarantee, plus fifteen percent (15%)
to cover administrative cost.
Page 5-11
b. A minimum of 75 percent of all replacement trees planted as part of the required
mitigation for a development under the provisions of this section shall be
classified as a medium and large tree as listed on the replacement tree list
B. Mitigation Through Payment of Fee: A monetary fee of $250.00 per diameter inch of the
tree(s) removed or damaged shall be assessed and paid to the City of Colleyville. All
mitigation fees shall be deposited into the City’s Tree Preservation Fund. All funds shall
be paid prior to the final approval and/or issuance of the Certificate of Occupancy.
C. Mitigation of Heritage Trees: Heritage Trees, as defined in Chapter 2 – Definitions and
noted in Section 5.8:
1. A monetary fee of $500.00 per diameter inch of the Heritage Tree removed or
damaged shall be assessed and paid to the City of Colleyville and deposited into the
City’s Tree Preservation Fund. All funds shall be paid prior to the final approval
and/or issuance of the Certificate of Occupancy. or;
2. If replacement trees are to be planted, the total amount of replacement inches to be
planted shall be in an amount that is twice the diameter inches of the Heritage
Tree(s) removed and shall, otherwise, meet the requirements of Section A above.
D. Colleyville Tree Preservation Fund: All mitigation fees and non-criminal penalties
mentioned below shall be paid into the Colleyville Tree Preservation Fund. The fund
shall be administered by the City Manager or his/her designee and shall only be used for
the planting of new trees on City owned or leased properties, rights-of-way and other
public properties such as public schools, county and State properties located within the
City of Colleyville.
E. If any protected tree dies within three (3) years of the issuance of the certificate of
occupancy, final inspection or acceptance of public improvements and is brought to the
attention of the city manager or his/her designee, the original permit applicant shall be
subject to the replacement/mitigation requirements for protected trees per this section.
Section 5.13 Penalties and Violations
A. Civil Penalties: If any protected tree is removed from any real property without a tree
removal permit, or if a protected tree is injured during construction where an active tree
removal permit has been issued because of failure to follow required tree protection
measures of this chapter such that the tree dies or may reasonably be expected to die,
the City shall have the authority to impose the following penalty:
1. The violator shall plant new trees at a rate that is three times the diameter inches of
tree(s) removed. All plantings shall meet the requirements of Section 5.12. For
example, if a 20 inch diameter width tree is removed in violation of this Chapter, then
a minimum of 60 inches of new trees shall be planted. A planting plan for the new
trees shall be provided to the Administrative Official no later than 30 days from the
date of the offense. The new trees shall be planted no later than 90 days from the
date of the offense or, if the site is under construction, the new trees shall be planted
when all other required landscaping and/or mitigation is planted. The City shall have
the authority to hold any development related administrative approvals for the
property on which the violation occurred and may impose a stop work order until the
penalty is addressed through the submittal of an approved planting plan and/or the
planting of new trees. In the event that the trees are not planted within the
prescribed timeframe, the City may delay any related administrative approvals for the
property and may impose a lien on the property until such time the trees are planted.
Page 5-12
2. If the violator, due to property constraints or other impediments, cannot plant the
required new trees mentioned in Section One, the violator may petition the City
Council through the appeal process mentioned in Section 5.14 to allow a monetary
penalty in lieu of the above planting requirements. Said monetary penalty shall be a
minimum of $750.00 per caliper inch of diameter width of the protected tree(s)
removed or damaged, payable to the tree preservation fund mentioned above. If a
tree is removed without authorization and the size of the tree cannot be determined
given the lack of a tree survey or other official documentation, then the minimum
penalty shall be $15,000.00 per tree. If approved by the City Council, said penalties
shall be paid no later than 30 days from the action of the City Council. The City shall
have the authority to hold any development related administrative approvals for the
property on which the violation occurred and may impose a stop work order until the
penalty is paid. In the event that the penalty is not paid within the prescribed
timeframe, the City may impose a lien on the property until such time the penalty is
paid.
B. Criminal Penalty: In addition to the civil penalties of this chapter, any person violating or
failing to comply with any provision or requirement of this Chapter, including but not
limited to the mitigation requirements of this section, shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall, without exception, be fined the
maximum amount of $2,000.00. A separate offense shall be deemed committed upon
each day during or on which each separate violation or failure to comply occurs or
continues to occur and shall be punishable as such.
Section 5.14 Appeals
Any appeal to the provisions of this chapter and/or any appeal to a decision of the Administrative
Official relative to the provisions of this chapter shall be heard by the City Council.
Section 5.15 Replacement Tree List
The following is the list of appropriate and approved replacement trees which have been
selected on the basis of their suitability in the urban environment of North East Tarrant
County.
REPLACEMENT TREE LIST
SCREENING TREES ORNAMENTAL TREES MEDIUM AND LARGE TREES PALMS
ARBORVITAE BLUE POINT JUNIPER AMERICAN ELM CALIFORNIA FAN PALM
BLUE POINT JUNIPER CAROLINA BUCKTHORN ARISTOCRAT PEAR MEXICAN FAN PALM
CHINESE PHOTINIA CAROLINA CHERRY LAUREL ARIZONA CYPRESS NEEDLE PALM
CAROLINA CHERRY LAUREL CRAPE MYRTLE BALD CYPRESS SABAL PALM
EAST PALATKA HOLLY DECIDUOUS HOLLY BOIS D' ARC WINDMILL PALM
EASTERN RED CEDAR DESERT WILLOW BUR OAK
LITTLE GEM MAGNOLIA EAST PALATKA HOLLY CEDAR ELM
NELLIE R. STEVENS HOLLY FIG CHINESE PISTACHE
SAVANNAH HOLLY ITALIAN CYPRESS CHINQUAPIN OAK
WAX MYRTLE JAPANESE MAPLE DEODAR CEDAR
YAUPON HOLLY LACEY OAK EASTERN RED CEDAR
MEXICAN BUCKEYE EVE'S NECKLACE
NELLIE R. STEVENS HOLLY FOREST PANSY REDBUD
OKLAHOMA REDBUD GINKGO BILOBA
Page 5-13
SAVANNAH HOLLY LACEBARK ELM
SUMAC LITTLE GEM MAGNOLIA
TEXAS MOUNTAIN LAUREL LIVE OAK
VITEX PECAN
WAX MYRTLE PERSIMMON
YAUPON HOLLY SHANTUNG MAPLE
SHUMARD RED OAK
SOUTHERN MAGNOLIA
Section 5.16 Amendments
Reserved for listing of amendments to this Chapter.
Ord. Number Date Subject
O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code
O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of
consultant
O-14-1933 10/6/2014 Comprehensive amendments including incentives for preserving
native tree stands, addition of fees, changes to penalties and other
modifications
Page 5-14
Page 5-1
Chapter 5
Urban Forestry
Section 5.1 Purpose of This Chapter
The purpose of this chapter is to promote, conserve, and enhance the City’s Urban Forest by:
• Rrecognizing the historical and cultural importance of the Eastern Cross Timbers and its
impact on Colleyville;
• rRecognizing the environmental, economic, social, and aesthetic benefits of trees;
• eEncouraging and facilitating site planning and design which preserves trees and natural
areas;
• pProtecting trees during construction
• ; lLimiting the removal of trees
• ; pProviding for the establishment of a diversity of native and adapted trees.
It is the further intent of this chapter to:
cCompliment Destination Colleyville, ,
• Compliment Tthe City of Colleyville Comprehensive Master Plan
• Compliment and The City of Colleyville Parks Master Plan
• as well as mMaintain ing and enhanceing Colleyville’s identity as a Tree City USA.
Section 5.2 Authorization for Adoption of This Chapter
The regulations contained in this chapter have been adopted under the authority of Chapter 51 –
General Powers of Municipalities of the Texas Local Government Code, which authorizes a
municipality to adopt ordinances, rules, or police regulations that are for the good government,
peace, or the trade and commerce of the municipality. This chapter is also adopted under the
authority of the Home Rule Charter of the City of Colleyville, which authorizes the City Council to
exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas.
Section 5.3 Variances and Appeals
Except where provided in this chapter, any person seeking approval of a development as required
by this Land Development Code may request a variance from a requirement contained in this
chapter, or appeal a decision of an Administrative Official by submitting a request using the
procedures described in Chapter 1 – General Provisions of this Land Development Code.
Section 5.4 Definitions
Definitions applicable to this chapter may be found in Chapter 2 – Definitions of this Land
Development Code.
Section 5.5 Tree Removal and Damage
No person directly or indirectly shall cut down, destroy, remove, move, damage, or effectively
destroy through damaging the roots, trunk or canopy, any tree without first obtaining the required
approvals or permits as outlined in this chapter, unless otherwise exempted by the provisions of
this chapter.
Section 5.6 Applicability
Page 5-2
A. Prior to the following activities, review and approval of that activity’s compliance with this
chapter (Urban Forestry Review) shall be completed by the Administrative Official unless
subject to the exemptions in Paragraph B:
1. Removal, damage, or adverse impact of any Protected Tree.
2. Construction or expansion of structures for which a building permit is required.
3. Demolition of structures.
4. Clearing, grading, excavation, filling, or paving on any site or property that has
existing Protected Trees.
5. Subdivision of land into lots by Preliminary Plat, Final Plat, Minor Plat, or Replat.
6. Required Ssite and landscape plan submittals for commercial or institutional uses
as well as any site plans that are part offor a PUD, SUP, or other Zoning Case.
B. Exemptions to Urban Forestry Review:
1. Authorized City employees or contractors and authorized Franchise Utility
employees or contractors may, in the course of official business, remove, damage,
or adversely impact Protected Trees or portions thereof which exist in a dedicated
public street right-of-way or a public utility easement which the City or Franchise
Utility has an interest in. The removal, damage, or adverse impact shall be limited
to the extent reasonably necessary to install, maintain, or replace utilities or
infrastructure. If a Tree Preservation Plan is approved showing to preserve trees
in public utility easement or street right-of-way dedicated for new or expanding
streets, then those trees shall be preserved and protected per the approved plans.
Ordinance O-98-1130 shall govern management and control of all trees within City
street right-of-ways, City public parks, and City owned facilities.
2. Any of the above activities may be done without Urban Forestry Review on
properties with an active single-family use that are one (1) acre or less in area and
where a habitable single-family home exists and is occupied as the primary
residence of the landowner. If the landowner owns contiguous individual lots or
tracts, the sum of all land shall be used to determine the size restriction of this
exemption.
3. All landscape nurserymen shall be exempt from the terms and provisions of this
section only in relation to those trees planted and growing on the nursery premises
which are planted and grown for the sale or intended sale to the general public.
Section 5.7 Tree Preservation and Canopy Cover
All new development and redevelopment, to include additions, shall provide a minimum site tree
canopy coverage per this Section through preservation of existing trees on the same site and
establishment of new onestrees on the same site.
A. Calculation of Tree Canopy:
1. The canopy area for each existing Protected Tree shall be assumed as a circle
having a radius in feet equal to the DBH (Diameter at Breast Height) in inches of
that tree. Example: A 10 inch DBH tree would have a canopy diameter of 20 feet
and a canopy area of 314 square feet.
2. The canopy area for each new tree shall be credited based on the categories of
large, medium, and small canopy trees: Large - 2000 sqft; Medium – 1000 sqft;
Small – 100 sqft. The Administrative Official shall develop, update, and maintain
on file a list of tree species and their associated size category and canopy credit.
B. Non-single-family residential uses:
1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the
Commercial Building Envelope (building footprint includes plus a five (5) foot
buffer) shall be required.
2. In addition to the minimum tree preservation as required in #1, provision of a
minimum of 50% site tree canopy coverage on the lot outside the Commercial
Commented [BB1]: The P&Z Commission had a
discussion regarding this threshold. One concern is that the
threshold is too small.
Option: “…that are zoned RE, R-40, R-30, R-20, R-15, or
PUD-R…”
Commented [BB2]: The P&Z Commission had a
discussion regarding these numbers and whether they are
correct.
Page 5-3
Building Envelope (building footprint plus a five (5) foot buffer) shall be required.
This is accomplished through the preservation of existing trees and/or the
supplemental planting of new trees per the tree planting credit in Paragraph ‘A’
above. See appendix ‘A’ for examples.The total preservation plus tree planting
credit shall have a minimum canopy area equal to 50% of the total area of the lot(s)
or tract(s).
C. Development or redevelopment of single-family residential uses on individual lots or tracts:
1. Preservation of a minimum of 50% of the Protected Tree Canopy outside the
Residential Building Envelope (building footprint includes plus a ten (10) foot
buffer) shall be required.
2. In addition to the minimum tree preservation as required in #1, provision of a
minimum of 50% site tree canopy coverage on the lot outside the Residential
Building Envelope (building footprint plus a ten (10) foot buffer) shall be required.
This is accomplished through preservation of existing trees and/or the
supplemental planting of new trees per the tree planting credit in Paragraph ‘A’
above. See appendix “A” for examples.The total preservation plus tree planting
credit shall have a minimum canopy area equal to 50% of the total area of the lot(s)
or tract(s)..
D. Additions and expansions to existing single-family residential uses on individual lots or
tracts:
1. When an addition or expansion to the footprint of a single-family residence equals
50% or more of the existing footprint, the regulations per Paragraphletter ‘C’ above
shall apply.
E. Development of new single-family residential subdivisions:
1. Preservation of a minimum of 50% of the Protected Tree Canopy on the entire
subdivision shall be required. The calculation shall include Protected trees located
in newly dedicated streets (public or private), public water, sanitary sewer, gas,
electric, telecommunication, drainage and general utility easements. The
calculation shall exclude trees located in existing public utility easements
containing existing in-service water, sanitary sewer, gas, electric, or
telecommunication installations as well as additional public street right-of-way
dedicated adjacent to an existing public or private street. The purpose of not
excluding trees in new streets and easements is to promote subdivision design
and layout that prioritize preservation of trees.
2. Within the required primary building setback areas (non-buildable areas for primary
structure), a minimum of 75% of the Protected Tree Canopy shall be preserved.
This is a separate calculation from that in Paragraph E.1.
3. Once the subdivision is constructed, all improvements are accepted by the City,
the Administrative Official has inspected and verified compliance with required tree
preservation, and Community Development has issued a letter of acceptance
allowing submittal of new single-family building permits, then the preservation
requirements of Paragraph C shall apply and each lot will be reviewed separately
for tree preservation and planting based on that lots remaining trees and proposed
location of single-family home.
F. Artificial Lots:
1. When more than 50% of a lot or tract being developed or redeveloped is to remain
untouched by tree removal, grading, excavation, filling, paving, or building, then an
artificial lot may be delineated around the portion being developed and serve as
the basis for calculation of tree canopy preservation and coverage. The
delineation should not leave small strips or gaps adjacent to property lines and
should generally only leave out one side of a property. Review and pre-approval
of delineation for artificial lots shall be required.
Page 5-4
G. Dead, Declining, and Hazardous Trees:
1. Any tree that the Administrative Official determines to be dead, declining beyond
reasonable recovery effort, or that has a high or extreme hazard rating based on
the ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall
be exempt from inclusion in the review of tree preservation and canopy cover
calculation.
Section 5.8 Heritage Trees
A. Heritage Trees are those specimens that have attained a significant age and are the heritage
of earlier residents of Colleyville or simply pre-date the community. All post oaks and blackjack
oaks 15 inches DBH (Diameter at Breast Height) and larger, cottonwood, water oak, green and
white ash 35 inches DBH and larger, and all other Protected Tree species 25 inches DBH and
larger are hereby considered Heritage Trees.
B. Removal of any Heritage Tree in any location shall require mitigation by one of the following
options:
1. Plant trees with a total canopy credit of five (5) times the canopy area of the
removed tree. Trees shall be planted on the same property that the Heritage Trees
are removed unless an alternative location within the City is approved by the
Administrative Official. The tree planting standards of Section 5.10 shall apply.
2. Pay into the City of Colleyville Tree Fund at a rate of $100 per DBH inch.
Section 5.9 Tree Protection Standards
The following procedures shall be followed for all construction projects which involve activity
that requires Urban Forestry Review, unless an alternative is deemed appropriate by the
Administrative Official.
A. Pre-Construction: The ensuing procedures shall be followed prior to construction.
1. All Preserved Trees shall have protective fencing located at the tree’s critical root zone.
The protective fencing shall be comprised of orange vinyl construction fencing, with a
minimum of four-foot (4’) approximate height.
2. Lumber shall be wrapped vertically around the tree trunk and held in place with wire or
any other non-damaging method if a tree is within ten (10) feet of the construction of a
building or any other situation determined by the Administrative Official that would pose
a physical risk to the tree trunk.
3. In order to prevent damage to low hanging limbs, anything that may be impacted by
equipment shall be pruned according to ANSI A300 standards.
4. Each area of tree protection shall require temporary signage that indicates the area is
a “Tree Protection Area” and to “Keep Out”. A wording standard will be developed,
updated, and maintained by the Administrative Official. The wording shall be in English
and Spanish and include the appropriate contact phone number with the City to report
violations.
B. During Construction: The following procedures shall be followed within the limits of the
Critical Root Zone (CRZ) of any Preserved Tree for any activity that is subject to the
requirements of this chapter.
1. No placement of materials intended for use in construction or waste materials
accumulated due to excavation or demolition.
Page 5-5
2. No equipment may be cleaned or other liquids deposited. This would include but not
be limited to, paint, oil, solvents, asphalt, concrete, mortar or other materials.
3. No signs, wires or other attachments, other than those of a protective nature shall be
attached to the trees.
4. No vehicular and construction equipment traffic or parking.
5. Underground utilities shall be bored underneath trees’ CRZ unless pre-approved by
the Administrative Official.
6. Irrigation systems shall be designed to NOT require trenching across the critical root
zone of any tree unless otherwise approved by the Administrative Official.
7. No digging, building, paving, or elevation changes.
. Section 5.10 Tree Planting Standards
All new trees required to be planted under this chapter shall meet the following standards.
A. Minimum size shall be three (3) inch caliper for large and medium canopy trees and one
and one-half (1.5) inches for small canopy trees, measured at six (6) inches above the
ground level.
B. Minimum spacing between trees is twenty thirty (30) feet for large, fifteen (15) feet for
medium, and eight (8) feet for small trees. Adjacent trees of different sizes shall meet the
spacing requirement of the smaller tree.
C. Trees shall be free from severe bark, cambium, or limb damage due to handling and
planting.
D. Trees shall be healthy and have minimal branch dieback.
E. Trees shall have a single trunk or stem unless they are a small canopy tree whose
ornamental value is attributed to having multiple stems.
F. Trees shall not have co-dominant terminal leaders.
G. Trees shall not be planted with the root collar bellow the soil and mulch shall not be piled
up against the trunk.
G.H. Newly planted trees shall be kept healthy and in good condition for a minimum of
thirty-six (36) months, or three (3) years. If a newly planted tree does not survive, it shall
be replaced with the same or similar tree type (large, medium, or small tree).
I. Trees shall be selected from the City of Colleyville Preferred Tree Planting List, to be
developed, updated, and maintained on file. Trees outside of the list require pre-approval
by the Administrative Official.
H.J. Trees shall not be planted in public utility easements or public street right-of-way without
approval of the Administrative Official.
. Section 5.11 Permits
A. Tree Removal Permit
1. An application for tree removal permit must be submitted, reviewed for compliance with
this chapter, and approved prior to the removal of any tree.
B. For trees that have become an immediate high hazard to persons or property, the hazard
can be mitigated to a safe condition prior to permitting, but the tree parts and evidence of
the damage should not be removed from the site unless sufficient photo evidence is taken
in advance. An after-the-fact tree removal permit will be required within 30 days of the
event and no fees or mitigation will be required as long as sufficient evidence of the hazard
Commented [BB3]: Option: 24 months? 18 months?
Page 5-6
can be provided. If trees are removed prior to review or approval of a tree removal permit
and no evidence can corroborate the hazard then the City may enforce the penalties of this
chapter.
C. Fees: All tree removal permits shall be accompanied by a check made payable to the City
of Colleyville per the following schedule:
1. A person that owns and has primary residence of a single-family home on a lot or
combination of contiguous adjacent lots or tracts that total more than one (1) acre will
not be charged a permit fee.
2. All others will require a $50 base fee plus an additional $25 per Protected Tree that is
to be removed.
3. Any tree that the Administrative Official determines to be dead, declining beyond
reasonable recovery effort, or that has a high or extreme hazard rating based on the
ISA Basic Tree Risk Assessment that cannot be mitigated to a lower risk, shall be
exempt from fees under this Section 5.11(C).
Section 5.12 Plan Submittals
All activity that requires Urban Forestry Review shall have the following plans submitted for review.
The Administrative Official shall maintain and keep on file an outline for all specific items required
on the following plans as well as any permit applications or additional documents required for
review of each activity.
A. Tree Survey: shall include, but is no limited to, an inventory of all Protected Trees on the
property, property boundaries, property easements, existing structures and paving, tree
trunk location, a unique tree identification number, common name or species, trunk
Diameter at Breast Height (DBH), and an outline of the Critical Root Zone (CRZ). If there
are no Protected Trees on the property the Administrative Official may waive this submittal.
B. Urban Forestry Plan shall include, but is not limited to: property boundaries and easements;
building setbacks; all Protected Trees; identify trees to be removed or preserved; outline
the preserved trees’ CRZ; show grade changes; show all new improvements such as
structures, paving, major utilities; show locations, types, and sizes of new trees.
Section 5.13 Penalties and Violations
A. Civil Penalty: The Administrative Official shall have the authority to impose a civil tree
mitigation penalty on any person, firm, or corporation who causesIf any Protected Tree is
to be cut down, destroyed, removed, moved, damaged, or effectively destroyed through
damaging the roots, trunk or canopy without first obtaining the required approvals or
permits as outlined in this chapter. The violator shall, the Administrative Official shall have
the authority to impose a civil tree mitigation penalty requiring the applicant to choose one,
or a combination of, the violation remedy options contained in this section. The City shall
have the authority to hold any development related administrative approvals for the
property on which the violation occurred and may impose a stop work order until the penalty
is addressed. Where the dbh size of any tree cannot be measured due to that part of the
tree being removed from the site or destroyed, the City shall have the authority to estimate
the tree’s DBH size based on any remaining physical evidence, photos, and documents.
1. Option 1. Tree Planting: The violator shall plant new trees with a canopy credit equal
to five (5) times the canopy area of the removed trees. If the tree is a Heritage Tree,
then the violator shall plant new trees with a canopy credit equal to ten (10) times the
canopy area of the removed tree. All tree plantings shall meet the standards of Section
Page 5-7
5.10. Trees shall be planted on the same property that the violation occurred unless
an alternative location within the City is approved by the Administrative Official. A
tree planting plan and timeline for installation of the new trees shall be provided to the
Administrative Official no later than 30 days from the date of the offense. The new
trees shall be planted no later than 90 days from the date of the offense or, if the site
is under construction, the new trees shall be planted prior to final inspections. In the
event that the trees are not planted within the prescribed timeframe, the City may delay
any related administrative approvals for the property and may impose a lien on the
property until such time the trees are planted.
2. Option 2. Tree Fund: The violator shall pay into the City of Colleyville Tree Fund at a
rate of $250 per DBH inch of tree removed. If the tree is a Heritage Tree, then the
violator shall pay $500 per DBH inch of tree removed. Payment must be provided no
later than 30 days of after the Offense. In the event that the trees fees are not planted
paid within the prescribed timeframe, the City may delay any related administrative
approvals for the property and may impose a lien on the property until such time the
trees fess are plantedpaid.
B. Criminal Penalty: In addition to the civil penalties of this chapter, where any person, firm,
or corporation violating violates or failing fails to comply with any provision or requirement
of this chapter, the Administrative Official shall have the authority to issue a citation for a
misdemeanor to any and all such persons, firms, or corporations, who upon conviction shall
be fined not more than two thousand dollars ($2,000.00) per violation.including but not
limited to the mitigation requirements of this section, shall be deemed guilty of a
misdemeanor and, upon conviction thereof, shall, without exception, be fined the maximum
amount of $2,000.00. When the violation involves the cutting down, destruction, removal,
or damage to a Protected Tree, each tree shall be considered a separate offense.
Additionally, a separate offense shall be deemed committed upon each day during or on
which each separate violation or failure to comply occurs or continues to occur and shall
be punishable as such.
Section 5.14 Appeals
Any appeal to the provisions of this chapter and/or any appeal to a decision of the Administrative
Official relative to the provisions of this chapter shall be heard by the City Council.
Section 5.16 Amendments
Reserved for listing of amendments to this chapter.
Ord. Number Date Subject
O-00-1214 4-18-00 Adoption of Tree Preservation in Land Development Code
O-09-1734 11-4-09 Amendments to Chapter 5 based on recommendations of consultant
O-14-1933 10/6/2014 Comprehensive amendments including incentives for preserving native
tree stands, addition of fees, changes to penalties and other
modifications
O-19-xxxx XX/XX/2019 Substantial amendment to the chapter as part of a total LDC review
Page 5-8
Appendix “A”
Large Canopy Trees: credit/spacing = 2000 ft2/30ft
Common Name Species
green ash Fraxinus pennsylvanica
American elm Ulmus americana
cedar elm Ulmus crassifolia
lacebark elm Ulmus parvifolia
deodar cedar Cedrus deodara
Eastern cottonwood Populus deltoides
'Skyline' thornless honeylocust Gleditsia triacanthos ‘Skyline’
Southern magnolia Magnolia grandiflora
bur oak Quercus macrocarpa
chinquapin oak Quercus muhlenbergii
live oak Quercus virginiana
post oak Quercus stellata
Shumard oak Quercus shumardii
Texas red oak Quercus buckleyi
pecan Carya illinoinensis
London planetree Platanus x acerifolia
Mexican sycamore Platanus mexicana
American sycamore Platanus occidentalis
black walnut Juglans nigra
Medium Canopy Trees: credit/spacing =1000 ft2/15ft
Common Name Species
Texas ash Fraxinus texensis
Kentucky coffeetree Gymnocladus dioicus
pond cypress Taxodium ascendens
bald cypress Taxodium distichum
Montezuma cypress Taxodium mucronatum
ginkgo Ginkgo biloba
bigtooth maple Acer grandidentatum
Caddo maple Acer barbatum var. caddo
chalk maple Acer leucoderme
'Jeffersred' Freeman's maple Acer x freemanii 'Jeffersred'
Shantung maple Acer truncatum
'Bracken's Brown Beauty' Southern magnolia Magnolia grandiflora ‘Bracken’s Brown Beauty’
'Bracken's Claudia Wannamaker' magnolia Magnolia grandiflora ‘Claudia Wannamaker’
'DD Blanchard' Southern magnolia Magnolia grandiflora 'DD Blanchard'
blackjack oak Quercus marilandica
Lacey oak Quercus laceyi
Monterrey oak Quercus polymorpha
'Aristocrat' Callery pear Pyrus calleryana 'Aristocrat'
‘Autumn Blaze' Callery pear Pyrus calleryana 'Autumn Blaze'
'Chanticleer' Callery pear Pyrus calleryana ‘Chanticleer'
common persimmon Diospyros virginiana
Eldarica (Afghan) pine Pinus eldarica
Italian stone pine Pinus pinea
Chinese pistache Pistacia chinensis
golden raintree Koelreuteria paniculata
Eastern red cedar Juniperus virginiana var. virginiana
Western soapberry Sapindus drummondii
Texas walnut Juglans microcarpa
Small Canopy Trees: credit/spacing =100 ft2/8ft
Common Name Species
fragrant ash Fraxinus cuspidata
rusty blackhaw Viburnum rufidulum
Mexican buckeye Ungnadia speciosa
Carolina buckthorn Frangula caroliniana
common button-bush Cephalanthus occidentalis
vitex, Chase tree Vitex agnus-castus
rough-leaf dogwood Cornus drummondii
possumhaw (deciduous holly) Ilex decidua
'Savannah' holly Illex x attenuata ' Savannah'
yaupon holly Ilex vomitoria
ash juniper Juniperus ashei
'Torulosa' juniper Juniperus chinensis 'Torulosa'
Texas mountian laurel Sophora secundiflora
'Little Gem' Southern magnolia Magnolia grandiflora 'Little Gem'
Japanese maple Acer palmatum
crape myrtle Lagerstroemia indica
Eve's necklace Sophora affinis
Bigelow oak (white shin oak) Quercus sinuata var. breviloba
Texas persimmon Diospyros texana
Mexican plum Prunus mexicana
eastern redbud (inlc. Texas & Mexican varieties) Cercis canadensis
American smoke tree Cotinus obovatus
prairie sumac, flameleaf sumac Rhus lanceolata
desert willow Chilopsis linearis
ORDINANCE O-19-2073
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 5 – TREE PRESERVATION 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 O-
00-1214 on April 18, 2000, adopting the Land Development
Code; and
WHEREAS, the City of Colleyville desires to amend Chapter 5 – Tree
Preservation of the Land Development Code as part of a
comprehensive review of the Land Development Code; 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 5 – Tree Preservation of the Land Development Code
are hereby amended to read as depicted in the attached Exhibit
“A”.
Sec. 2.THAT any person, firm or corporation violating any of the provisions
or terms of this ordinance shall be subject to the same penalty as
provided for in the Comprehensive Zoning Ordinance of the City of
Colleyville, and upon conviction shall be punishable by a fine not to
exceed the sum of Two Thousand Dollars ($2,000.00) for each
offense.
Sec. 3.THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion
so decided to be invalid or unconstitutional.
Sec. 4.THAT in addition to and accumulative of all other penalties, the City
shall have the right to seek injunctive relief for any and all violations
Ordinance O-19-2073
Page 2 of 2
of this ordinance.
Sec. 5.THAT this ordinance shall take effect immediately from and after
its passage.
Sec. 6.THAT all other provisions of the Land Development Code shall
remain in full force and effect, except as amended herein.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 15th day of
January 2019.
The second reading and public hearing being conducted on the 22nd day of
January 2019.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___
ABSTENTIONS ON THIS THE 22ND DAY OF JANUARY 2019.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____
Place 1, Tammy Nakamura Place 5, Chuck Kelley ____
Place 3, Kathy Wheat Place 6, Callie Rigney ____
Place 4, George Dodson
ATTEST:CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Whitt L. Wyatt
City Attorney
Exhibit “A”
{Chapter 5}
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 8a Agenda Date 01/22/2019 Number Ordinance O-19-2075
Type Ordinance
Department Community Development
Title
Consideration of a zoning change from R-40 Single Family Residential district to R-20
Single Family Residential district on Lot C, McEwing Subdivision & 1B02A, 1B2, 1B3,
and 1B4, Abstract 1154 in the R H McEwing Survey, located at 712-810 Lavaca Trail,
Case ZC18-033
Strategic Plan
4.1 Protect Colleyville's semi-rural residential character
Explanation
First Reading and Public Hearing
Keith Hamilton, the applicant, has submitted a request for a zoning change from the R-
40 Single Family Residential district to the R-20 Single Family Residential district on
Lot C, McEwing Subdivision & 1B02A, 1B2, 1B3, and 1B4, Abstract 1154, in the R H
McEwing Survey, being approximately 17.32 acres. The purpose of the request is to
allow for development of 25 new single-family residential lots and 5 open space lots.
At the City Council meeting on December 4, 2018, Council remanded the item back to
the Planning and Zoning Commission to reconsider this case as PUD-R Planned Unit
Development Residential with R-20 standards. Specifically, the purpose of the PUD-R
zoning is so it includes recognition of the agreements between the neighboring
Homeowners Associations and developer, to allow private streets, and to authorize
11.3% open space within the development.
Existing Conditions/Background: The subject property, 712-810 Lavaca Trail,
resides on the north side of Lavaca Trail, across the street from an existing subdivision
called Legacy Estates zoned R-20 Single Family Residential district. The property
currently has R-40 zoning and remains undeveloped. The City’s zoning map incorrectly
shows these lots to be zoned R-20.
Proposed Zoning:
Request – The applicant requests to rezone the property from R-40 to R-20 for the
creation of a single-family residential subdivision consisting of twenty-five (25) single-
family residential lots and five (5) open space lots. The development covers a total of
17.32 acres.
City Council Agenda Briefing 8a
City of Colleyville Page 2
The minimum standards for the R-20 zoning district are as follows:
Minimum Lot Size: 20,000 square feet
Minimum Lot Width: 100 feet
Minimum Lot Depth: 125 feet
Front Building Line: 30 feet
Side Building Line: 10 feet
Rear Building Line: 25 feet
Maximum Lot Coverage: 30 percent
Analysis: The requested rezoning allows the applicant to develop the lots in a manner
complementary to the neighborhoods surrounding it.
The applicant had applied for a preliminary/final plat for the property due to the city’s
zoning map showing the zoning for these lots to be the R-20 zoning district. It has
been discovered that these properties actually have R-40 zoning based on a Planning
and Zoning Commission case from 2006, O-06-1600. A request to rezone the property
from the R-40 district to the R-20 district was denied by the Planning and Zoning
Commission. The applicant at that time did not appeal to City Council, therefore the
zoning remains R-40. Starting in January of 2007, the official zoning map has shown
the R-20 zoning on the property. This error has continued through present day.
The exhibit provided is the Preliminary/Final Plat exhibit, which will be scheduled with
the Planning and Zoning Commission and City Council at a later date.
Timeline for Zoning: Many properties in and around these properties have been
developed for a decade or more and were rezoned from R-40 to R-20.
1997 O-97-1058 Remington Park from AG, R-20, & R-40 to PUD-R
2001 O-01-1286 Rosewood Villas from PUD-C to PUD- R and CC-2
2006 O-06-1594 Lavaca Trail/Estates from AG and R-40 to R-20
2006 O-06-1599 Lavaca Parc from R-40 to R-20
2006 O-06-1597 Legacy Estates western lots from R-40 to R-20
2006 O-06-1594 Kays Court and Emmas Court from R-40 & AG to R-20
City Council Agenda Briefing 8a
City of Colleyville Page 3
2006 O-06-1563 Villas of Colleyville from CC-2 to PUD-R
2007 O-07-1627 Villas of Colleyville from CC-2 to PUD-R
2014 O-14-1924 Legacy Estates eastern lots from R-40 to R-20
Surrounding Development: The properties to the south, across Lavaca Trail and
west have R-20 zoning and have developed with single-family residential structures.
Properties to the north and east have PUD-R zoning and have developed with single-
family residential structures.
Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville,
identifies the subject property for single-family residential development. The proposed
PUD-R with R-20 standards does not conflict with any portion of the comprehensive
plan.
Public Notification: Staff mailed notices to all property owners within 500 feet as well
as any Homeowners Associations within 1,000 feet of the subject property regarding
this request. Grapevine-Colleyville ISD, where the subject property is located, was
notified per State law. Notice was published in the Fort Worth Star-Telegram as
required by State law and the Land Development Code. To date, 3 letters in opposition
and 48 letters (to include petitions) in favor have been submitted. One property owner
revised their letter to change from opposition to support.
Staff Recommendation: Staff recommends approval for the applicant’s request
based on the following findings:
1. The proposed zoning meets the intent of the residential designation assigned in
the Destination Colleyville comprehensive plan.
2. The R-20 zoning continues the R-20 zoning districts around the subject property
and is similar to the development pattern already established.
Planning & Zoning Commission Recommendation: The Planning & Zoning
Commission recommended approval of the R-20 zoning at their October 22, 2018
meeting by a vote of 7-0.
City Council Action: The City Council remanded the item back to the Planning &
Zoning Commission to reconsider this case as PUD-R Planned Unit Development -
Residential zoning with R-20 standards. Specifically, the purpose of the PUD-R zoning
is so it includes recognition of the agreements between the neighboring Homeowners
Associations and the developer, to allow private streets, and to authorize 11.3% open
space within the development.
Planning & Zoning Recommendation: The Planning & Zoning Commission
City Council Agenda Briefing 8a
City of Colleyville Page 4
recommended approval of the PUD-R zoning at their January 14, 2019 meeting by a
vote of 7-0.
Financial Impact
There is no fiscal impact for the City of Colleyville
Recommendation
Approve
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Zoning Exhibit
5.Tree Preservation Plan
6.City Zoning Map 2006
7.City Zoning Map 2007
8.Planning and Zoning Commission Minutes 11.13.2006
9.City Council Agenda Briefing 12.05.2006
10.Photos Taken by Staff
11.Notification Map
12.Notification List
13.Property Owner Notification Letter
14.Letters of Opposition
15.Letters of Support
16.Ordinance O-19-2075
BELMONTDRIVELEGACYESTATEDRIVEEMMASCOURTL E G A C Y T R A I L MUSTANGTRAILLAVACA TRAILTALBOT TRAILARCADY L A N E
CHANTAL LANE HORSESHOEBENDRIDGEWOODLANETERRACE LANE
LANTANACOURTLORRAINE PARKBORDEAUX PARKSHETLAND DRIVE
701
606
504
6501
6413
6106408
6404
6201
6400
6419
917
913
6402
813
609
6510
6417
6301
502
6509
6401
810
6509
6411
6200
6213 511
6404
6204
604
6500 6501
6407
511
6512
6410
6403
6418
6416
6209
6507
506
712
6508
6504
601
6414
6408
6508
612
6416
6503
6412
507
6406
6420
6106
6056136423
813
600
603
6304
611
6413
6508
6300
725
6504
713
6026412
6208
501
909
0
6421
6205
6405
6420
614
6110
615
729
6504
6502
608
505
503
65006525
6415
6505
6500
6114
6212
616
6421
619
6505
509
705721
717
6409
709
6516
6500
6506
6417
607
6409
500
6213
6204
6215
6112
6205
6212
6216
6218
6201
6208
6113
6200
6209
501
505705
6112 6105
901 6201
812 800
6117
6208
709
6200
713
501
6111
504
6116
6105 801
6107
905
6113 6204
6104
500
6108
809
6109
6109
6108
6112
508701
6116
6212
Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
K
Subject Property
ZC18-033 712 - 810 Lavaca Trail
LEGACYESTATEDRIVEEMMASCOURTBELMONTDRIVEL E G A C Y T R A I L
LAVACA TRAILTALBOT TRAILARCADY L A N E
MUSTANGTRAILCHANTAL LANE HORSESHOEBENDRIDGEWOODLANETERRACE LANE
LANTANACOURTLORRAINE PARKSHETLAND DRIVE
BORDEAUX PARKR-20
R-20
R-20
PUD-R
PUD-R
PUD-RR-20
R-20
701
606
504
6501
6413
610
408
6408
6404
6201
6400
6419
913
6402
813
609
6510
6417
6301
502
6509
6401
810
65136509
6411
6200
6213 511
6404
6204
604
6500 6501
6407
6118
511
6512
6410
6403
6418
6416
6209
6507
506
712
6508
6504
601
6414
6408
6508
612
6416
6503
6412
507 411
6406
6420
6106
605613
6423
813
600
603
6304
6512
611
6413
6508
6300
725
6100
6504
713
6026412
6208
501
909
0
6421
6205
6405
6420
614
6110
615
729
6504
6502
608
505
503
65006525
6415
6505
6500
6114
6212
616
6421
619
6505
509
705721
717
6409
709
6516
6500
6506
6417
607
6409
500
6213
6204
6215
6205
6212
6216
6218
6201
6208
61136200
6209
501
705
6112 6105
901 6201
812 800
6117
6208
709
6200
713
501
6111
504
6116
6105 801
6107
905
6113 6204
6104
500
6108
809
6109
6109
6108
6112
508701
6116
6212
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
K
Subject Property
ZC18-033 712 - 810 Lavaca Trail
R
E
M
I
N
G
T
O
N
PARKWAYLEGACY T R A I L
MCDONWELL SCHOOL ROAD W
BELMONTDRIVELYNDSEY WAY
LAVACA TRAIL MUSTANGTRAILLEGACYESTATEDRIVETALBOT TRAILCHANTAL LANEEMMASCOURT RIDGEWOOD LANETERRACE LANE
LANTANACOURTSHETLAND D R I V E
BORDEAUX PARKLORRAINE PARKCIMMARONTRAILFuture Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
KSubject Property
Residential
Commercial
Open Space; Parks
ZC18-033 712 - 810 Lavaca Trail
Zoning Exhibit
Tree Preservation Plan
Tree Preservation Plan
Tree Preservation Plan
Tree Preservation Plan
City Zoning Map 2006
City Zoning Map 2007
CI of ColleVV~~~e 100 Main Street
J 7 Colleyville, Texas 76034
sJ (817) 503-1000Minutes -Final www.colleyville.com
r, ;,.~:
Planning and Zoning Commission
Monday, November 13, 2006 7:00 PM City Council Chambers
6:15 P.M. -PRE-COMMISSION WORKSHOP
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS
REGULAR MEETING
7:00 P.M.
1. CALL TO ORDER
The Planning and Zoning Commission meeting of the City of
Colleyville was called to order by Chairman Byerly on November 13,
2006 at 7:00 p.m.
2. ROLL CALL
Present: Commissioners Robert McCormick, Dave Dudziak, Scott
Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly
Staff Members: Barry LeBaron, Chris Fuller, Robert McKeown and
Chad Bartee
3. INVOCATION
The invocation was given by Commissioner Dudziak.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Byerly stated City Attorney Michael Kallas needs to be
placed throughout the minutes. The attorney's last name had been
mispelled.
Commissioner Duffy stated the word codicil was misspelled in item
number 11.
City of Colleyville Page 1 Printed on 11/28/2006
Planning and Zoning Commission Minutes -Final November 13, 2006
Commissioner Duffy moved to approve the minutes with
corrections. Commissioner Dudziak seconded.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
7. REGULAR AGENDA ITEMS
7a Consideration of appointments to the Park Land Dedication Committee
Barry LeBaron briefed the Commissioners regarding the Parkland
Dedication Committee.
Commissioner Redfearn moved to appoint Commissioner Duffy to
the Parkland Dedication Committee. Commissioner Dudziak
seconded.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
8. PUBLIC HEARING AGENDA ITEMS
8a Case Z-06-026- PUBLIC HEARING - Request fora zoning change from
R40-Single Family Residential to R20-Single Family Residential on 1.06
acres on Lot 5, Block 1 of the Alianne Estates located at 6214 Theresa
Lane
Chris Fuller presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:13 p.m.
Dean Larson, the applicant, came forward to present the case and brief
the Commissioners regarding the rezoning request.
There being no one wishing to speak, the public hearing was closed at
7:15 p.m.
Commissioner Duffy moved to deny case Z-06-026. Commissioner
Byerly seconded.
Commissioner Duffy disagreed with the rezoning request and stated this
City of Colleyvllle Page 2 Printed on 11/28/2006
Planning and Zoning Commission Minutes -Final November 13, 2006
will set the precedent for subdividing other R40 properties.
Commissioner Byerly concurred with Commissioner Duffy.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
8b Approval of a Request fora Special Use Permit on 17 acres out of the
R.N. McEwing Survey and the McEwing Addition located at 712-900
Lavaca Trail, Case Z-06-027
Chris Fuller presented the case and briefed the Commissioners.
Barry LeBaron briefed the Commissioners regarding a study being
conducted concerning the traffic issues on Lavaca Trail and the
surrounding area.
Commissioner Dudziak questioned staff if the Remington Park
subdivision is served by the Liberty Elementary School in the Keller
school district? Barry LeBaron replied the majority does not.
Commissioner Redfearn stated some do go to that elementary school.
Commissioner Byerly opened the public hearing at 7:20 p.m.
Jeffrey Zimmerman, the applicant, came forward to present the case and
brief the Commissioners.
Ron Shirley, 638 Castlrock, Southlake, stated he would like to see a
conceptual plat or drainage study done before the rezoning request is
approved. Other developers in this area have had to do so before
rezoning their properties.
There being no one wishing to speak, the public hearing was closed at
7:30 p.m.
Commissioner Duffy made motion to seperate the Special Use Permit
SUP) and rezoning as two seperate issues. Commissioner Taylor
seconded.
Commissioner Byerly questioned Mr. Zimmerman regarding if the R20
zoning would be acceptable without the SUP? Mr. Zimmerman stated
he needs the SUP with the R20 zoning to allow for the grazing animals.
Commissioner Taylor questioned Mr. Zimmerman how many animals are
there currently? Mr. Zimmerman replied six cattle and two calfs.
City o/ Colleyville Page 3 Printed on 11/28/2006
Planning and Zoning Commission Minutes -Final November 13, 2006
Commissioner Phelps questioned Mr. Zimmerman for clarity the cattle
are allowed now with the R40 zoning due to being "grandfathered" in?
Mr. Zimmerman replied correct.
Commissioner Duffy moved to deny case Z-06-027. Commissioner
Dudziak seconded.
Commissioner Duffy stated this commission needs to plan for the traffic
and drainage before approving more homes in this area. He stated this
area is not well planned. He suggested to deny this zoning case until a
general overall study has been completed because Lavaca Trail needs
to be improved.
Commissioner Taylor concurred with Commissioner Duffy.
Commissioner Phelps stated the history shows this rezoning would be
reasonable, however, without having a drainage study or traffic study
completed, it will not be a good decision to rezone. The timing for
rezoning is premature for this property.
Commissioner Dudziak stated understanding why Mr. Zimmerman wants
to rezone and thanked Mr. Zimmerman for keeping the rural feel for as
long as he has.
Commissioner Byerly disagreed and stated understanding Mr.
Zimmerman's issues. He stated a plat and a drainage study is not
required for rezoning. He stated it is not necessary to see a preliminary
plat for rezoning.
Commissioner McCormick questioned the Commissioners regarding why
are we opposing what has been asked for in the past? Commissioner
Taylor replied not opposing the actual R20 zoning, it is opposing it for all
of the other reasons, the traffic and drainage for this area
Commissioner McCormick stated the roads will be built once the homes
are built.
Commissioner Phelps stated it is not really the same without having a
plat to look at in the beginning. If Mr. Zimmerman chose to keep the
middle lot and sell the ones around him, then there would be two smaller
R20 developments.
Commissioner Redfearn agreed with many concerns, the timing on this
request is too soon. Over the next few months, the studies will be
complete and will give further insight.
Commissioner Byerly questioned staff if the time limit is one year for this
City of Colleyville Page 4 Printed on 11/28/2008
Planning and Zoning Commission Minutes -Final November 13, 2006
applicant to come forward with the same rezoning request? Barry
LeBaron replied the one year time frame only comes into affect if the
council were to deny the zoning.
The motion carried by the following vote:
Aye: 5 -Dudziak, Redfearn, Taylor, Phelps, Duffy
Nay: 2 -McCormick, Byerly
Commissioner Byerly move to approve the Special Use Permit as
provided in the code. Commissioner Taylor seconded.
Commissioner Duffy stated the Special Use Permit stays with the land,
but if the land is subdivided, the Special Use Permit goes away. Both
movers accepted.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
9. TABLED ITEMS
9a Case G-06-028- Consider amending the Planning and Zoning
Commission's Rules of Procedure
Commissioner Duffy moved to remove case G-06-028 from the
table. Commissioner Byerly seconded.
The motion carried by the following vote:
Aye: 6 -McCormick, Redfearn, Taylor, Phelps, Duffy, Byerly
Nay: 1 -Dudziak
Barry LeBaron briefed the Commissioners regarding this item.
Commissioner Redfearn moved to approve case G-06-028.
Commissioner Phelps seconded.
The motion carried by the following vote:
Aye: 7 - McCormick, Dudziak, Redfearn, Taylor, Phelps, Duffy,
Byerly
10. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS
Barry LeBaron thanked the Commissioners for being present at the
workshop on November 2, 2006.
City of Colleyvllle Page 5 Printed on 11/28/2008
Planning and Zoning Commission Minutes -Final November 13, 2006
11. COMMISSIONERS' COMMENTS AND REPORTS
Commissioner Dudziak stated wanting to see the study for Lavaca Trail
to help make better decisions.
Commissioner Byerly stated he wants the new procedures for the public
hearing on the back of the speaker cards. Barry LeBaron replied we
would do so.
Commissioner Byerly reminded everyone regarding the holidays, to bring
calendars to the next meeting to make sure there is enough people to
meet. Barry LeBaron stated the developers are busy as well.
12. ADJOURNMENT
There being no further business before the Planning and Zoning
Commission, the meeting adjourned at 7:50 p.m. Approved by
acclamation.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on November 9, 2006 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
Minutes approved on November 27, 2006.
City of Colleyvllle Page 8 Printed on 11/28/2006
Photos Taken by Staff
Photos Taken by Staff
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Notification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
K
Subject Property
500ft Buffer
Properties within 500ft
ZC18-033 712 - 810 Lavaca Trail
Owner Name Owner Address Owner City Owner Zip Situs Address
BROWN, SEAN W 720 INDUSTRIAL BLVD STE 400 GRAPEVINE, TX 76051 701 ARCADY LN
BROWN, DAVID S 606 TERRACE LN COLLEYVILLE, TX 76034 606 TERRACE LN
ARSEMENT, PRESTON 504 LAVACA TRL COLLEYVILLE, TX 76034 504 LAVACA TR
KING, ROBERT D 6413 LORRAINE COLLEYVILLE, TX 76034 6413 LORRAINE PK
LARSON, CHARLES 6405 CIMMARON TR COLLEYVILLE, TX 76034 6405 CIMMARON TR
APGAR FAMILY TRUST 6209 CIMMARON TR COLLEYVILLE, TX 76034 6209 CIMMARON TR
KERKERING, KENNETH 610 TERRACE LN COLLEYVILLE, TX 76034 610 TERRACE LN
VILLAS OF COLLEYVILLE HOA LLC 1108 W PIONEER PKWY ARLINGTON, TX 76013 6205 CIMMARON TR
ROZYCKI, MICHAEL 408 COUNTRY PL COLLEYVILLE, TX 76034 408 COUNTRY PL
NEWTON, ERIC 6408 BORDEAUX PARK COLLEYVILLE, TX 76034 6408 BORDEAUX PK
MILLER, LOUIS 6404 TALBOT TRL COLLEYVILLE, TX 76034 6404 TALBOT TR
LAVACA PARC HOMEOWNERS ASSC 1540 KELLER PKWY STE 108-151 KELLER, TX 76248 6201 LANTANA CT
CHOPYAK, ROBERT A 6400 BORDEAUX PK COLLEYVILLE, TX 76034 6400 BORDEAUX PK
SRINIVASAN, ALAGIRY 6419 BORDEAUX PK COLLEYVILLE, TX 76034 6419 BORDEAUX PK
HOWE, RICHARD 917 TALBOT TRL COLLEYVILLE, TX 76034 917 TALBOT TR
JOAN Y ORTH FAMILY TRUST 913 TALBOT TR COLLEYVILLE, TX 76034 913 TALBOT TR
KNIJNENBURG, COR 6402 LORRAINE PK COLLEYVILLE, TX 76034 6402 LORRAINE PK
LDDS COMMUNICATIONS INC PO BOX 152206 IRVING, TX 75015 813 MCDONWELL SCHOOL RD W
NEWSOME, CHAD 609 SHETLAND DR COLLEYVILLE, TX 76034 609 SHETLAND DR
HALL, STANLEY DEAN 6229 CIMMARON TR COLLEYVILLE, TX 76034 6229 CIMMARON TR
AWALT, TERRY 6221 CIMMARON TR COLLEYVILLE, TX 76034 6221 CIMMARON TR
NEAL, DAVID L 6417 TALBOT TR COLLEYVILLE, TX 76034 6417 TALBOT TR
WICKERSHAM, SCOTT 6301 CIMMARON TR COLLEYVILLE, TX 76034 6301 CIMMARON TR
DYNIEWSKI, JOSH 6301 LATANA CT COLLEYVILLE, TX 76034 6301 LANTANA CT
CRAWFORD, SCOTT 502 MUSTANG CT COLLEYVILLE, TX 76034 502 MUSTANG CT
THOMPSON, HAROLD D 6401 LORRAINE PK COLLEYVILLE, TX 76034 6401 LORRAINE PK
OMERTA COS II LP 2405 SOUTHERN HILLS CT KELLER, TX 76248 810 LAVACA TR
VARLEY, JENIFFER 6411 BORDEAUX PK COLLEYVILLE, TX 76034 6411 BORDEAUX PK
MCPHERSON, BARBARA J 6225 CIMMARON TR COLLEYVILLE, TX 76034 6225 CIMMARON TR
STRITTMATTER, MARTIN 6213 CIMMARON TR COLLEYVILLE, TX 76034 6213 CIMMARON TR
LAVACA PARC HOMEOWNERS ASSC 1540 KELLER PKWY STE 108-151 KELLER, TX 76248 6200 LANTANA CT
PRAKASH, ANA 6213 LANTANA CT COLLEYVILLE, TX 76034 6213 LANTANA CT
COCHRAN, JERRY W 511 MUSTANG CT COLLEYVILLE, TX 76034 511 MUSTANG CT
LOZANO, ELSA 6404 BORDEAUX PK COLLEYVILLE, TX 76034 6404 BORDEAUX PK
HSU, LISA L W 6204 LANTANA CT COLLEYVILLE, TX 76034 6204 LANTANA CT
BROWN, SHARON E 7005 SMITHFIELD RD NORTH RICHLAND HILLS, TX 76182 6407 BORDEAUX PK
YARBROUGH, JOHN D 6118 MUSTANG TR COLLEYVILLE, TX 76034 6118 MUSTANG TR
WALTERS, WILLIAM 6512 HORSESHOE BND COLLEYVILLE, TX 76034 6512 HORSESHOE BEND
FONDREN, WILLIE A 6410 LORRAINE PK COLLEYVILLE, TX 76034 6410 LORRAINE PK
WILLIAMSON, DAVID 6403 BORDEAUX PK COLLEYVILLE, TX 76034 6403 BORDEAUX PK
SAGE, DESIREE 6418 LORRAINE PK COLLEYVILLE, TX 76034 6418 LORRAINE PK
MYERS, CHARLES 6416 TALBOT TR COLLEYVILLE, TX 76034 6416 TALBOT TR
SHAIKH, AFTAB SUNNY 6209 LANTANA CT COLLEYVILLE, TX 76034 6209 LANTANA CT
MANER, JOLENE C 506 MUSTANG CT COLLEYVILLE, TX 76034 506 MUSTANG CT
OMERTA COS II LP 2405 SOUTHERN HILLS CT KELLER, TX 76248 712 LAVACA TR
REM PARK H A INC PO BOX 343 COLLEYVILLE, TX 76034 511 BELMONT DR
HALLETT, CHARLES E 6504 HORSESHOE BND COLLEYVILLE, TX 76034 6504 HORSESHOE BEND
YARLAGADDA, VIJAYA 601 SHETLAND DR COLLEYVILLE, TX 76034 601 SHETLAND DR
HOOVER, FRAN 6414 LORRAINE PK COLLEYVILLE, TX 76034 6414 LORRAINE PK
DESANTO, DAVID 6408 TALBOT TR COLLEYVILLE, TX 76034 6408 TALBOT TR
PEARSON, LANE D 6508 HORSESHOE BEND COLLEYVILLE, TX 76034 6508 HORSESHOE BEND
HAGOOD, ROCKY J 6416 BORDEAUX PK COLLEYVILLE, TX 76034 6416 BORDEAUX PK
LANIER, PAULA K 6412 BORDEAUX PK COLLEYVILLE, TX 76034 6412 BORDEAUX PK
PEEK, EDWARD ALLEN 507 MUSTANG CT COLLEYVILLE, TX 76034 507 MUSTANG CT
SLICKER, ROBERT M 411 COUNTRY PL COLLEYVILLE, TX 76034 411 COUNTRY PL
PALMER, AUBRA W 6406 LORRAINE PK COLLEYVILLE, TX 76034 6406 LORRAINE PK
DAUGHERTY, LARRY 921 TALBOT TR COLLEYVILLE, TX 76034 921 TALBOT TR
DAVIDSON, BRANDI RANEE 6106 MUSTANG TR COLLEYVILLE, TX 76034 6106 MUSTANG TR
GRANT, JAMES M 605 SHETLAND DR COLLEYVILLE, TX 76034 605 SHETLAND DR
PICKER, BRUCE A 613 SHETLAND DR COLLEYVILLE, TX 76034 613 SHETLAND DR
LDDS COMMUNICATIONS INC PO BOX 152206 IRVING, TX 75015 813 MCDONWELL SCHOOL RD W
HUPP, DENNIS 603 TERRACE LN COLLEYVILLE, TX 76034 603 TERRACE LN
DURRANI, SABEEN 6304 LANTANA CT COLLEYVILLE, TX 76034 6304 LANTANA CT
BOUTON, TERRY L 611 TERRACE LN COLLEYVILLE, TX 76034 611 TERRACE LN
THOMASON, KENNETH 6413 TALBOT TRL COLLEYVILLE, TX 76034 6413 TALBOT TR
REM PARK HA INC PO BOX 343 COLLEYVILLE, TX 76034 6099 REMINGTON PKWY
LANE, THOMAS M 6300 LANTANA CT COLLEYVILLE, TX 76034 6300 LANTANA CT
DURBIN, RICHARD G 725 ARCADY LN COLLEYVILLE, TX 76034 725 ARCADY LN
MOLSON, ALAN H 6205 CIMMARON TR COLLEYVILLE, TX 76034 6205 CIMMARON TR
ROUILLIER, NORMAN 713 ARCADY LN COLLEYVILLE, TX 76034 713 ARCADY LN
MAKARY, MICHEL A 6217 CIMMARON TR COLLEYVILLE, TX 76034 6217 CIMMARON TR
ROSEWOOD VILLAS HOA INC PO BOX 463 COLLEYVILLE, TX 76034 6405 TALBOT TR
GUERRA, ROBERT 602 TERRACE LN COLLEYVILLE, TX 76034 602 TERRACE LN
DARCY, DALE PAUL 6412 TALBOT TR COLLEYVILLE, TX 76034 6412 TALBOT TR
HOPKINS, DILLARD E 6208 LANTANA CT COLLEYVILLE, TX 76034 6208 LANTANA CT
GLAZE, LARRY 501 BELMONT DR COLLEYVILLE, TX 76034 501 BELMONT DR
LYNCH, LAURA C 909 TALBOT TR COLLEYVILLE, TX 76034 909 TALBOT TR
OMERTA COS II LP 2405 SOUTHERN HILLS CT KELLER, TX 76248 LAVACA TR
DAVIS, JERRY D 6421 LORRAINE PK COLLEYVILLE, TX 76034 6421 LORRAINE PK
TARVER, RUSSELL 6205 LANTANA CT COLLEYVILLE, TX 76034 6205 LANTANA CT
ARMITAGE, DOUGLAS R 6405 LORRAINE PK COLLEYVILLE, TX 76034 6405 LORRAINE PK
LEAVERTON, GWEN M 6420 BORDEAUX PK COLLEYVILLE, TX 76034 6420 BORDEAUX PK
BOLTON, VICTOR 614 TERRACE LN COLLEYVILLE, TX 76034 614 TERRACE LN
ZUBIZARRETA, EMILIO 6110 MUSTANG TR COLLEYVILLE, TX 76034 6110 MUSTANG TR
BURTON, BARRY L 615 TERRACE LN COLLEYVILLE, TX 76034 615 TERRACE LN
ROSEWOOD VILLAS HOA INC PO BOX 463 COLLEYVILLE, TX 76034 729 ARCADY LN
GRAY, RANDY K 6233 CIMMARON TR COLLEYVILLE, TX 76034 6233 CIMMARON TR
MOORE, ROBERT E 404 COUNTRY PL COLLEYVILLE, TX 76034 404 COUNTRY PL
LANDIS, ROBIN L 505 BELMONT DR COLLEYVILLE, TX 76034 505 BELMONT DR
LAMBERTH, GEORGE 503 MUSTANG CT COLLEYVILLE, TX 76034 503 MUSTANG CT
RINTALA, RICKY L 925 TALBOT TR COLLEYVILLE, TX 76034 925 TALBOT TR
WIRDZEK, TODD 6500 HORSESHOE BEND COLLEYVILLE, TX 76034 6500 HORSESHOE BEND
DAVIES, JAMES 407 COUNTRY PL COLLEYVILLE, TX 76034 407 COUNTRY PL
VILLAS OF COLLEYVILLE HOA LLC 1108 W PIONEER PKWY ARLINGTON, TX 76013 6525 TALBOT TR
MULLENS, MELANIE 6415 BORDEAUX PK COLLEYVILLE, TX 76034 6415 BORDEAUX PK
REM PARK H A INC PO BOX 343 COLLEYVILLE, TX 76034 6400 REMINGTON PKWY
REM PARK H A INC PO BOX 343 COLLEYVILLE, TX 76034 6500 REMINGTON PKWY
SWEENEY, MATTHEW 6114 MUSTANG TR COLLEYVILLE, TX 76034 6114 MUSTANG TR
BRUCE & BRENDA HUCKINS TRUST 6212 LANTANA CT COLLEYVILLE, TX 76034 6212 LANTANA CT
EASTERLIN, L A 6421 TALBOT TR COLLEYVILLE, TX 76034 6421 TALBOT TR
ROSEWOOD VILLAS HOA INC PO BOX 463 COLLEYVILLE, TX 76034 6420 LORRAINE PK
COLLINS, JOHNNY C 619 TERRACE LN COLLEYVILLE, TX 76034 619 TERRACE LN
ANDERSON, GREGORY L 509 BELMONT DR COLLEYVILLE, TX 76034 509 BELMONT DR
DERGANC, CHRISTOPHER 705 ARCADY LN COLLEYVILLE, TX 76034 705 ARCADY LN
KLEIN, DONALD W 721 ARCADY LN COLLEYVILLE, TX 76034 721 ARCADY LN
CRAIG, JAMES 717 ARCADY LN COLLEYVILLE, TX 76034 717 ARCADY LN
ROBERTS, KAREN 6409 LORRAINE PK COLLEYVILLE, TX 76034 6409 LORRAINE PK
GARRETT, COY E 709 ARCADY LN COLLEYVILLE, TX 76034 709 ARCADY LN
ROSEWOOD VILLAS HOA INC PO BOX 463 COLLEYVILLE, TX 76034 6418 BORDEAUX PK
EPLEY, H ROBERT 6417 LORRAINE PK COLLEYVILLE, TX 76034 6417 LORRAINE PK
GARDNER, THOMAS J 607 TERRACE LN COLLEYVILLE, TX 76034 607 TERRACE LN
MALONE, TERRY 6409 TALBOT TR COLLEYVILLE, TX 76034 6409 TALBOT TR
PACILIO, WILLIAM J 500 LAVACA TR COLLEYVILLE, TX 76034 500 LAVACA TR
PHINNEY, JASON 6213 EMMAS CT COLLEYVILLE, TX 76034 6213 EMMAS CT
JAETZOLD, CORY B 6204 EMMAS CT COLLEYVILLE, TX 76034 6204 EMMAS CT
L T ESTATES HOA INC 215 W COLLEGE ST GRAPEVINE, TX 76051 6215 EMMAS CT
CHANDLER, CHARLOTTE 6205 EMMAS CT COLLEYVILLE, TX 76034 6205 EMMAS CT
AJBANI, VIVEK 6212 EMMS CT COLLEYVILLE, TX 76034 6212 EMMAS CT
MOTI, SALEEM 6216 EMMAS CT COLLEYVILLE, TX 76034 6216 EMMAS CT
L T ESTATES HOA INC 215 W COLLEGE ST GRAPEVINE, TX 76051 6218 EMMAS CT
HOGAN, EDWARD L 6201 EMMAS CT COLLEYVILLE, TX 76034 6201 EMMAS CT
RIFFE, BRYAN D 6208 EMMAS CT COLLEYVILLE, TX 76034 6208 EMMAS CT
GEORGE, ANISH 6209 EMMAS CT COLLEYVILLE, TX 76034 6209 EMMAS CT
FEGAN, DENNIS J 1303 BELLEFONTE LN COLLEYVILLE, TX 76034 1013 LAVACA TR
RASMUSSON, JASON 501 LAVACA TR COLLEYVILLE, TX 76034 501 LAVACA TR
MONUMENT CUSTOM BUILDERS LP PO BOX 159 COLLEYVILLE, TX 76034 6112 LEGACY TR
BILDERBACK, JAMES L 6105 RIDGEWOOD LN COLLEYVILLE, TX 76034 6105 RIDGEWOOD LN
TANEY, JOSEPH 901 LEGACY TR COLLEYVILLE, TX 76034 901 LEGACY TR
STARK, CHRISTOPHER 6201 RIDGEWOOD LN COLLEYVILLE, TX 76034 6201 RIDGEWOOD LN
LEGACY AT COLLEYVILLE LLC THE PO BOX 92747 SOUTHLAKE, TX 76092 812 LEGACY TR
LEGACY AT COLLEYVILLE LLC THE PO BOX 92747 SOUTHLAKE, TX 76092 800 LAGACY TR
TAYLOR, GREGORY 6117 LEGACY TRL COLLEYVILLE, TX 76034 6117 LEGACY TR
PROVIDENTIAL LAND DEVELOPMENT 624 STONEGLEN DR KELLER, TX 76248 6208 LEGACY TR
FORD, DOUGLAS 6200 LEGACY TRL COLLEYVILLE, TX 76034 6200 LEGACY TR
RANDALL, MARK R 6111 MUSTANG TR COLLEYVILLE, TX 76034 6111 MUSTANG TR
ISBELL, CHRISTOPHER M 504 LIBERTY CT COLLEYVILLE, TX 76034 504 LIBERTY CT
CAPPS, MICHAEL V.6116 LEGACY TR COLLEYVILLE, TX 76034 6116 LEGACY TR
BORLAND, JAMES W 6107 MUSTANG TR COLLEYVILLE, TX 76034 6107 MUSTANG TR
RODRIGUEZ, JUAN 905 LEGACY TRL COLLEYVILLE, TX 76034 905 LEGACY TR
O'NEILL LIVING TRUST 2806 EDGEW OOD LN COLLEYVILLE, TX 76034 6113 LEGACY TR
MCPHERSON, BRAD 14816 STORY LN FRISCO, TX 75035 6204 LEAGACY TR
STEWART, TERRACE 500 LIBERTY CT COLLEYVILLE, TX 76034 500 LIBERTY CT
CHUNG, KRAMER 809 LEGACY TRL COLLEYVILLE, TX 76034 809 LEGACY TR
PHILIPP, ANDREW 9321 NILES CT FORT WORTH, TX 76244 6109 RIDGEWOOD LN
PATRICK CUSTOM HOMES INC 2855 EXCHANGE BLVD STE 112 SOUTHLAKE, TX 76092 6112 LEGACY ESTATES DR
REM PARK HA INC PO BOX 343 COLLEYVILLE, TX 76034 6021 REMINGTON PKWY
PROVIDENTIAL LAND DEVELOPMENT 624 STONEGLEN DR KELLER, TX 76248 6116 LEGACY ESTATES DR
REATA BROKERAGE SERVICES LLC 4323 GLOSTER RD DALLAS, TX 75220 6212 LEGACY TR
CLAIREMONT ADDITION 8528 DAVIS BLVD SUITE 134 NORTH RICHLAND HILLS, TX 76182 COURTESY NOTICE
LAVACA TRAIL ESTATES COLLEYVILLE, TX 76034 COURTESY NOTICE
REMINGTON PARK ADDITION 5751 KROGER DRIVE KELLER, TX 76244 COURTESY NOTICE
ROSEWOOD VILLAS P.O. BOX 463 COLLEYVILLE, TX 76034 COURTESY NOTICE
VILLAS OF COLLEYVILLE 9001 AIRPORT FREEWAY SUITE 450 NORTH RICHLAND HILLS, TX 76180 COURTESY NOTICE
KELLER ISD 350 KELLER PKWY KELLER, TX 76248 STATE REQUIRED
GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX 76051 STATE REQUIRED
HAMILTON, KEITH 8241 MIDCITIES BLVD NORTH RICHLAND HILLS, TX 76182 APPLICANT
Public hearing notices were mailed on December 28, 2018
Notification List
NOTICE OF PUBLIC HEARING
Zoning Case Number: ZC18-033
Applicant: Keith Hamilton
Owner: Omerta Cos II LP
Location: 712 – 810 Lavaca Trail
Property Description: Lot C, McEwing Subdivision & 1B02A, 1B2, 1B3, and 1B4, Abstract 1154, in the R H
McEwing Survey
Present Zoning: R-40 Single Family Residential
Request: Consideration of a zoning change from R-40 Single Family Residential district to PUD-
R Planned Unit Development – Residential district. The purpose is to develop and
subdivide the 3 properties into 25 single-family residential lots and 5 open space lots.
The zoning map incorrectly shows the R-20 zoning on the property.
This item was remanded back to the Planning and Zoning Commission by the City Council at their December 4, 2018, meeting
in order to convert the zoning to a PUD-R Planned Unit Development – Residential district. The original request was to rezone
to the R-20 Single Family Residential district. The purpose of the PUD-R zoning is to allow for 11.3% open space, private
streets and to ratify specific enhancements the developer has agreed to with adjacent subdivisions.
The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and
location:
Planning and Zoning Commission Meeting: Monday, January 14, 2019 at 7:00 p.m.
City Council Meetings: Tuesday, January 22, 2019 & Tuesday, February 5, 2019 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last
approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves
as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is
final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If
appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning
amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than
those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If
you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior
to the public hearing, to the address below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public
hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by
City Council.
The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville,
Texas. A brief project description can be found online on the Active Development Case map:
https://www.colleyville.com/government/departments-a-l/community-development/active-development-cases. For additional
information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case
number when requesting information.
Jacquelyn Reyff, Principal Planner
jreyff@colleyville.com
1
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From:NanetteLove
Sent:Friday,October5,201812:38PM
To:BenBryner<BBryner@colleyville.com>
Subject:ProposedDevelopmentonLavacaTrail
Hi Ben! My name is Nanette Love, and I am a resident in Remington Park here in Colleyville.
I wanted to share what I am hearing regarding the new development on Lavaca Trail. From my understanding the
property is currently zoned as R40, however, I am hearing the developer is more in line with developing as R20, which is
a higher density development.
My main concern is that Lavaca Trail can not support the higher density plan from a pure traffic standpoint. We are
already seeing more cut through traffic in Remington Park, and developing as R20 vs. R40 will only add to this and create
even more congestion to the area.
Believe me, I am all for new construction in our beautiful city, but I am requesting that the city of Colleyville consider how
this new development (and all new developments) will impact our existing neighborhood and maintaining the quality of
the surrounding areas. I personally think developing with larger lots with less density is best for our city and this
particular area.
Please feel free to give me a call, and thank you in advance for your taking the time to read this email.
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Letter of Opposition
1
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From:Kristi
Sent:Friday,October5,20181:40PM
To:BenBryner<BBryner@colleyville.com>
Cc:KevinMcIntosh
Subject:Lavaca
IheardyouareconsideringmakingahomedevelopmentonLavacaacrossfromTheLegacywithsmallerlots.Iama
residentofTheLegacy&justmovedin.Iwouldhatetothinkthatbeautifulpropertywithamazingtrees&greenspaceis
beingtorndownforhomeswithoutcomparablelotstoTheLegacy.ThiswastheintialplanaccordingtowhatIread.Ido
notagreewiththismovement.
KristiMcIntosh
SentfrommyiPhone
Letter of Opposition
1
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ͲͲͲͲͲOriginalMessageͲͲͲͲͲ
From:TinaAnderson
Sent:Friday,October5,20183:06PM
To:BenBryner<BBryner@colleyville.com>
Subject:DevelopmentoffLaVacabehindRemingtonPark
Westronglyopposetherezoningoftheabovereferencedtractoflandforhigherdensityhomes.Ourneighborhoodis
alreadyoverrunwithspeedingpassthrutrafficcreatingasafetyhazardforourchildren.Additionally,duringmorning
commutehours,itisalreadynearlyimpossibletoexitRPateitherthenorthorsouthentrances.
TinaAndGregAnderson
509Belmont
Colleyville
Letter of Opposition
1
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From:WaltMills
Sent:Monday,October8,20187:03AM
To:BenBryner<BBryner@colleyville.com>
Cc:
Subject:ZoningCase:ZC18Ͳ033
Importance:High
Case:ZC18Ͳ033
Applicant:KeithHamilton
Location712Ͳ810LavacaTrail
IamstronglyopposedtozoningthisareatoalowerdensityofRͲ20.Giventhenewdevelopmentalreadyinplaceand
yettobefullydevelopedalongwiththevastamountofadditionaldeepfarmlandalongLavacaTrail,increasingthe
densitytoRͲ20willbeatrafficdisasterforbusinessesandourcommunity.Currently,withoutalightatPrecinctLine,the
trafficpatterwillcertainlybethroughRemingtonPark.Thislongtermdramaticincreaseintrafficwillbedangerousto
ourchildrenandotherpedestrians.RemingtonParkhasaverylongwalkingtrailwhichoftencrossesthemanystreetsin
RemingtonPark.ThistrailconnectstotheCottonBeltTrail,usedbymanyresidentsintheadjoiningneighborhoodsas
wellasRemingtonParkresidents.ScooterandbicycleusersalsoenjoythetrailsandstreetsofRemingtonParkand
addingahighdensitydevelopmentwiththeprospectofadditionalneighborhoodsalongLavacajustdoesn’tmake
sense.
Onemightalsoarguethatthenoticewaspoorlywordedtoendwith“themapincorrectlyshowsRͲ20zoningonthe
property.”Thus,buryingtheleadofhighdensityhomes.Moreover,manyoftherecipientsreadingthedocumentdo
notunderstandthedifferencebetweenRͲ20,RͲ30,RͲ40orPUD.
Respectfully,
WaltMills
404VintageCt.
RemingtonParkHOA
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Letter of Opposition
1
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From:WaltMills
Sent:Monday,October8,20187:29AM
To:BenBryner<BBryner@colleyville.com>
Cc:
Subject:ZoningCase:ZC18Ͳ033ͲAdditionialInformation
Case:ZC18Ͳ033
Applicant:KeithHamilton
Location712Ͳ810LavacaTrail
RefreshingmymemoryonRͲ20property,IranacrossthefollowingdescriptionfromtheCityofColleyvilleLand
DevelopmentCode,2015.Onecouldhardlydescribe712Ͳ810(West)LavacaTrailas“innerurbanized”oranythingnear
thisdefinitionor“adjacenttoshoppingfacilities.”Nordoesitappeartoeventhecasualobserveras“”theinnerareaof
thecity.”
Section3.12
PurposeandIntent–ThepurposeandintentoftheR20ͲSingleͲFamilyResidentialDistrictistoprovideforcompatible
land,building,andstructuralusesprimarilyorientedtomediumͲlowdensityresidentialpurposes,openspaceuses,and
selectedcommunityfacilityuses.Thelocationalcharacteristicsofthisdistrictaregenerallyfoundintheinnerurbanized
developedareasofthecity,adjacenttoshoppingfacilities.Landusesinthisdistrictarenormallyconnectedtoan
approvedpublicorprivatesewagecollectionandtreatmentsystem,ratherthanindividualseptictanksandsubͲsurface
drainagefields.ModeratelylowdensitydetachedsingleͲfamilyresidentialdwellingsasexistintheinnerareaofthecity
comprisetheprincipalelementsofthedistrict.Itisfurthertheintenttousethisdistrictanditsregulationsto
accommodateandrecognizetheexistenceofsmalllotconventionalsingleͲfamilydevelopment,whichpresentlyexistsin
thecity,
Respectfully,
WaltMills
404VintageCt.
RemingtonPark
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:DOW0LOOV
Photos By Walt
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Letter of Opposition
1
Araceli Botello
Subject:FW: Letter of Support for Legacy North Planning and Zoning case ZC18-033
From: Michael Capps []
Sent: Wednesday, January 2, 2019 8:05 AM
To: Ben Bryner <BBryner@colleyville.com>
Cc:
Subject: Letter of Support for Legacy North Planning and Zoning case ZC18‐033
Members of the Planning and Zoning Committee:
My name is Michael Capps, my wife and I live at 6116 Legacy Trl in Colleyville, TX. We purchased the home
in the Legacy last year primarily due to the structure of the neighborhood, which included the common open
space and the 1/2-acre home sites. We have previously owned homes on lots that were more in the acre size
and found that we didn’t connect as well with the neighbors because of the distance between our homes. We
were also moving back from California where lot sizes were less than half the size offered in this subdivision
with no open space or green belts and wanted something with a little room.
We looked at many subdivisions before making our choice and felt that Hat Creek Development created a
superior neighborhood with enough space for individualized homes as well as many of the mature trees were
retained. I have personally talked to Mr. Maykus and many of his staff members on many occasions and found
them to be honest and forthright in their dealings. The quality of the neighborhood and the homes they build
are unmatched. Our specific home was not built by Maykus, but the builders that are in the subdivision build
quality, unique products that are unmatched in the area with the exception of one or two other subdivisions in
Colleyville and unfortunately those are not in areas we would have considered purchasing due to negative
factors outside the subdivision complex (i.e. proximity to water towers, highways, shopping centers).
My wife and I have worked in the mortgage banking industry for over 30 and know what creates positive and
negative factors in an area. This area and developer hit all our positive marks in our search for what was right
for us, including appropriate size lots, space and layout.
We urge you to vote in favor of the PUD-R Planned Unit Development - Residential District recommendation
to allow Hat Creek Development to move forward with Legacy North. This plan will bring consistency with
the other subdivisions on Lavaca Trail and the surrounding areas. Should you have any additional questions,
please don’t hesitate to contact me.
Sincerely,
Michael Capps
M: 972.567.2693
1
Araceli Botello
Subject:FW: Letter of Support for Legacy North Planning and Zoning case ZC18-033
From: BMCapps]
Sent: Wednesday, January 2, 2019 9:42 PM
To: Michael Capps
Cc: Ben Bryner <BBryner@colleyville.com>
Subject: Re: Letter of Support for Legacy North Planning and Zoning case ZC18‐033
Please consider this my support of Legacy North. Brenda Capps
6116 Legacy Trail, Colleyville
Sent from my iPhone
On Jan 2, 2019, at 8:05 AM, Michael Capps < > wrote:
Members of the Planning and Zoning Committee:
My name is Michael Capps, my wife and I live at 6116 Legacy Trl in Colleyville, TX. We
purchased the home in the Legacy last year primarily due to the structure of the neighborhood,
which included the common open space and the 1/2-acre home sites. We have previously
owned homes on lots that were more in the acre size and found that we didn’t connect as well
with the neighbors because of the distance between our homes. We were also moving back from
California where lot sizes were less than half the size offered in this subdivision with no open
space or green belts and wanted something with a little room.
We looked at many subdivisions before making our choice and felt that Hat Creek Development
created a superior neighborhood with enough space for individualized homes as well as many of
the mature trees were retained. I have personally talked to Mr. Maykus and many of his staff
members on many occasions and found them to be honest and forthright in their dealings. The
quality of the neighborhood and the homes they build are unmatched. Our specific home was
not built by Maykus, but the builders that are in the subdivision build quality, unique products
that are unmatched in the area with the exception of one or two other subdivisions in Colleyville
and unfortunately those are not in areas we would have considered purchasing due to negative
factors outside the subdivision complex (i.e. proximity to water towers, highways, shopping
centers).
My wife and I have worked in the mortgage banking industry for over 30 and know what creates
positive and negative factors in an area. This area and developer hit all our positive marks in our
search for what was right for us, including appropriate size lots, space and layout.
We urge you to vote in favor of the PUD-R Planned Unit Development - Residential District
recommendation to allow Hat Creek Development to move forward with Legacy North. This
plan will bring consistency with the other subdivisions on Lavaca Trail and the surrounding
areas. Should you have any additional questions, please don’t hesitate to contact me.
Sincerely,
Michael Capps
M: 972.567.2693
Rosewood Villas Homeowners’ Association
Legacy North Development Committee
P.O. Box 463
Colleyville, Texas 76034
Planning and Zoning Commission
c/o Community Development Department
City of Colleyville
100 Main Street
Colleyville, Texas 76034
October 5, 2018
Re: Zoning Case Number ZC18-033 (712 -810 Lavaca Trail)
Dear Commissioners:
On September 11 we sent to City of Colleyville staff the attached documents in connection with the
proposed development of the subject property. As you will note in reading these documents, we expressed
several concerns with respect to the proposed Legacy North development and asked a question regarding
the zoning of this property.
Although we would like you to be aware of our concerns with respect to the proposed Legacy North
development, we have no objection to rezoning the subject property to R20. Kosse Maykus has created a
beautiful neighborhood in the adjacent Legacy subdivision and we are pleased that he will be the developer
of Legacy North.
Since the submission of our original letter, we have met and exchanged emails with Mr. Maykus regarding
our most significant concern, the lack of a landscape buffer between Legacy North lots and Rosewood
Villas’ common recreation area in the original plat submitted by Mr. Maykus.
Based on that meeting, we believe that Mr. Maykus is willing to install such a buffer and is working with us
in good faith to resolve this issue in a manner that will benefit both subdivisions.
Thank you.
We very much appreciate your time and consideration.
Very truly yours,
Rosewood Villas HOA Legacy North Development Committee
Note: Please use the following contact information for all communication with the HOA on this matter:
Email: with a copy to
Telephone: Christopher Derganc (817) 437-1971
Rosewood Villas Homeowners’ Association
Attachment 1
12/05/2006 City Council Agenda Briefing re: Colleyville Ordinance 0-06-1600
Page 1
Rosewood Villas Homeowners’ Association
Attachment 1
12/05/2006 City Council Agenda Briefing re: Colleyville Ordinance 0-06-1600
Page 2
Rosewood Villas Homeowners’ Association
Attachment 1
12/05/2006 City Council Agenda Briefing re: Colleyville Ordinance 0-06-1600
Page 3
Rosewood Villas Homeowners’ Association
Attachment 2
Letter to City Staff September 11, 2018
Page 1
1
Araceli Botello
Subject:FW: Legacy North Planning and Zoning
From: Bryan Yelverton
Sent: Monday, October 8, 2018 3:23 PM
To: Ben Bryner <BBryner@colleyville.com>
Subject: Legacy North Planning and Zoning
Members of the Planning and Zoning Committee:
My name of Bryan Yelverton and I currently reside at 708 Lyndsey Way in Colleyville, Texas. I purchased this lot in 2016 in current development, The Legacy. I
am in support of Hat Creek Development continuing to develop The Legacy North project which calls for 25 1/2 acre home sites. I feel that this proposal is in line
with all surrounding neighborhoods in this area and will add value to all of the surrounding neighborhoods. I was about the 4th person to purchase a lot in early
2016 and I have seen the development grow at an amazing pace. There is a high demand for 1/2 acre home sites in this area.
They have done a wonderful job with our neighborhood and have been responsive to the concerns of both the residents and the builders. Maykus Custon Homes,
Providential Custom Homes, and Larry Stewart Custom Homes build beautiful custom homes and I would like to see more of these quality homes in this
area. The 25 1/2 acre lots to be developed is in line with our neighborhood and all of the surrounding neighborhoods in this area. As a homeowner, selfishly, I
am interested in improving property values around my home. I feel that the planned Legacy North project will add great value to my home and the city of
Colleyville by providing this area with quality custom homes.
Please do not hesitate to contact me if I can be of further assistance to the zoning committee.
Sincerely,
Bryan C. Yelverton, MD
US Anesthesia Partners
Arlington Division
(c) 972-523-0009
1
Araceli Botello
Subject:FW: Legacy North Planning and Zoning
From: Matt Colby
Sent: Tuesday, October 9, 2018 7:32 AM
To: Ben Bryner <BBryner@colleyville.com>
Subject: Legacy North Planning and Zoning
Members of the Planning and Zoning Committee,
My name is Matthew Colby, and my family and I live at 700 Lyndsey Way in Colleyville, TX, in the Legacy development.
We are in full support of the development of 25 ½ acre sites in the Legacy North project that Hat Creek Development is
currently proposing.
As a property owner within and tax payer to the city of Colleyville, it is important to me that the integrity of our
community is preserved by developing these sites with reputable custom builders like Maykus Custom Homes, Larry
Stewart Custom Homes, and Providential Custom Homes. These builders hold themselves to a higher standard of
excellence in all they do, and are deeply engrained in the communities where they build. The approval of the Legacy
North Project’s proposed 25 ½ acre home sites is in the best interest of the homeowners in the surrounding area, and
ultimately that of the City of Colleyville.
If there is any way for me to further support the efforts of Hat Creek Development in The Legacy North project, please
let me know. It is of great interest to the homeowners in our community that we see this project in the hands of those
who have served us well in their efforts to protect the value of our homes and the integrity of the community in which
we reside.
Best regards,
Matt Colby
______________________________________________________________________________________________________
MATT COLBY Vice President
______________________________________________________________________________________________________
214.838.5250 | DIRECT
713.870.4778 | MOBILE
1500 SOLANA BLVD., BLDG. 4, SUITE 4500
WESTLAKE, TEXAS 76262
www.goosehead.com |
The greatest compliment you can give me is a referral of my services!
______________________________________________________________________________________________________
1
Araceli Botello
Subject:FW: The Legacy North
‐‐‐‐‐Original Message‐‐‐‐‐
From: Brad McPherson
Sent: Wednesday, October 10, 2018 8:49 AM
To: Ben Bryner <BBryner@colleyville.com>
Subject: The Legacy North
Good Morning Mr. Bryner,
I hope this finds you well. I am writing you this morning to show my support on the development of The Legacy North. I
was not able to attend the meeting on Monday, but as a future resident of The Legacy…in 3 months, I would like to see a
similar neighborhood with ½ acre lots, along with the same quality of homes/builders.
We purchased our lot in The Legacy in 2017 after searching Colleyville, Southlake and Westlake. We are moving from
Frisco to be closer to family, but ultimately, one of our main goals was to build a custom home in an area surrounded by
custom homes on ½ acre lots. The vibe is luxury homes with a country and secluded feeling..This was impossible to find
in Frisco given most developments are production builders on 7000 sq. ft lots.
I have spoken with several neighbors across Lavaca along with my parents and their neighbors in Remington Park. There
does not seem to be any pushback or negative feedback about the development of The Legacy North, based on my
conversations. The common response I’ve heard is that the development group invest some money into the entrance,
fences, etc., and maintain the grounds as long as they are overseeing the HOA.
I approve the development of The Legacy North and hope you and your team can support this future subdivision. Thank
you for your time and consideration.
Thanks,
Brad
Brad McPherson
HealthMark Group
325 N. Saint Paul Street
Suite 1650
Dallas,TX 75201
Office (214) 764.9122
Mobile (214) 458.6629
Fax (800) 833.5935
1
Araceli Botello
Subject:FW: Zoning Case Number ZC18-033 (712-810 Lavaca Trail)
From: Doug Wiseman
Sent: Sunday, October 21, 2018 8:23 PM
To: Ben Bryner <BBryner@colleyville.com>
Subject: Zoning Case Number ZC18‐033 (712‐810 Lavaca Trail)
Dear Commissioners:
Our names are Doug and Theresa Wiseman and we reside at 808 Lyndsey Way, in the Legacy. My husband
and I searched for a long time for the perfect location to build our home after living in our previous home for 32
years in Bedford. We chose this subdivision and Colleyville because of the location, the walking trails, and
surrounding subdivisions with similar lot sizes and pricing. While building our house we met many individuals
walking through our gated community from the surrounding subdivision, creating a sense of community for
us. When we purchased our land, we understood this land would someday be developed.
Maykus Customs Homes built our home and went beyond our expectations regarding their integrity and high
standards. I am sure the developer will meet the expectations of the individuals in the surrounding subdivisions.
We agree for Hatcreek Development to develop this land as R20 lots.
One concern on the video of the Planning and Zoning meeting on October 8, 2018 was the traffic going through
Remington Park. It is very hard to enter Precinct Line Road at various times of the day. This is going to be a
concern going forward because the lights are timed right now and once the commuter train starts running the
lights won’t be timed. Also, there is a new subdivision being developed across Precinct Line at Lavaca Trail in
North Richland Hills. This will make it even more difficult to enter Precinct Line Road.
A traffic light needs to be considered in the future as the traffic flow continues to increase on Precinct Line
Road. A light would decrease the traffic in the Remington Park.
Thank you for your consideration in this matter.
Theresa and Doug Wiseman
Sent from my iPad
1
Araceli Botello
Subject:FW: Lavaca Trail Development
‐‐‐‐‐Original Message‐‐‐‐‐
From: Sonia Bilderback
Sent: Sunday, October 21, 2018 9:08 PM
To: Ben Bryner <BBryner@colleyville.com>
Cc: Eason Maykus
Subject: Re: Lavaca Trail Development
Mr. Bryner,
We will be in attendance at the City Hall meeting, Monday, October 22nd in support of the proposed Maykus
Development on Lavaca Trail. In keeping with all the requests from City leaders to support Colleyville, especially with
Highway 26 construction, it seems only right to keep the development with home town folks rather than a National
company. They are the ones that support the doctors, grocery stores and restaurants here locally.
We desire to have the development uniform like the one we live in across the street, The Legacy. The trees, walking
paths that the Maykus Company propose are more in keeping with the country feel of Lavaca.
We have lived in this close area including Remington Park since 2006.
Thank you for your time and consideration.
Jimmy and Sonia Bilderback
The Legacy
6105 Ridgewood Lane
Colleyville 76034
1
Araceli Botello
Subject:FW: Letters from Rosewood Villas Homeowners re: Zoning Case ZC18-033
Attachments:Zoning Case ZC18-033 Rosewood Villas Letters.pdf
From: Christopher Derganc
Sent: Friday, October 19, 2018 2:47 PM
To: Ben Bryner <BBryner@colleyville.com>
Cc: smathisencpa@gmail.com; 'Kosse Maykus' <> 'Rosewood VIllas HOA' < >; Coy Garrett < >; 'DURBIN' < >
Subject: Letters from Rosewood Villas Homeowners re: Zoning Case ZC18‐033
Mr. Bryner,
Attached to this email is a pdf containing scans of letters from Rosewood Villas homeowners in support of the proposed
rezoning. We’ll drop off the originals on Monday in order to give our remaining homeowners an opportunity to submit a
letter.
Thank you.
Chris Derganc
Rosewood Villas HOA Committee on Legacy North Development
1
Araceli Botello
Subject:FW: Letter of Support for LEgacy North Planning and Zoning
From: Michael Capps
Sent: Monday, October 22, 2018 11:10 AM
To: Ben Bryner <BBryner@colleyville.com>
Cc:
Subject: Letter of Support for LEgacy North Planning and Zoning
Members of the Planning and Zoning Committee:
My name is Michael Capps, my wife and I live at 6116 Legacy Trl in Colleyville, TX. We purchased the home
in the Legacy last year primarily due to the structure of the neighborhood, the open space and the 1/2-acre home
sites. We have previously owned homes on lots that were more in the acre size and found that we didn’t
connect as well with the neighbors because of the distance between our homes. We were also moving back
from California where lot sizes were less than half the size offered in this subdivision with no open space or
green belts and wanted something with a little room.
We looked at many subdivisions before making our choice and felt that Hat Creek Development created a
superior neighborhood with enough space for individualized homes as well as many of the mature trees were
retained. I have personally talked to Mr. Maykus and many of his staff members on many occasions and found
them to be honest and forthright in their dealings. The quality of the neighborhood and the homes they build
are unmatched. Our specific home was not built by Maykus, but the builders that are in the subdivision build
quality, unique products that are unmatched in the area with the exception of one or two other subdivisions in
Colleyville and unfortunately those are not in areas we would have considered purchasing due to negative
factors outside the subdivision complex (i.e. proximity to trains, water towers, highways, shopping centers).
My wife and I have worked in the mortgage banking industry for over 30 and know what creates positive and
negative factors in an area. This area and developer hit all our positive marks in our search for what was right
for us, including appropriate size lots, space and layout.
We urge you to vote in favor of the R-20 recommendation to allow Hat Creek Development to move forward
with Legacy North. Should you have any additional questions, please don’t hesitate to contact me.
Sincerely,
Michael Capps
M: 972.567.2693
1
Araceli Botello
Subject:FW: Zoning Case Number ZC18-033
From: Mark Lanier
Sent: Monday, October 22, 2018 12:03 PM
To: Araceli Botello <ABotello@colleyville.com>
Subject: Zoning Case Number ZC18‐033
I talked to Jacquelyn a few minutes ago and she suggested I e‐mail my comments to you to ensure they are
included in the discussion and record for the P&Z Commission meeting tonight.
We have no objection on going from R‐40 to R‐20 zoning.
We have one comments/concerns, which I understand are traditionally addressed as the project moves into
the platting phase. Regardless, we wanted it to be included in the public record.
1. A permanent or perpetual drainage easement needs to be included to address the rainfall drainage
from Rosewood southbound, I believe there is a drainage easement in the current plat. We just want to
make sure all rainwater drainage is adequately addressed and accommodated in the revised plat for the
new development. My understanding is the City is having an Engineer review the drainage to ensure it is
adequately addressed.
We reserve the right to modify or include additional comments and concerns in the event that Kosse Maykus
does not proceed and sells the property to another developer.
Please don't hesitate to contact me at (817) 229‐9619, if you have any questions or need additional
clarification.
Mark & Paula Lanier
6412 Bordeaux Park
Colleyville TX, 76034
(817) 229‐9619
1
Araceli Botello
Subject:FW: Lavaca Trail Development
‐‐‐‐‐Original Message‐‐‐‐‐
From: Sonia Bilderback
Sent: Monday, November 19, 2018 2:21 PM
To: Ben Bryner <BBryner@colleyville.com>
Cc: eason Maykus
Subject: Re: Lavaca Trail Development
Mr. Bryner,
We will be in attendance at the City Hall meeting, Tuesday, November 20th in support of the proposed Maykus
Development on Lavaca Trail. In keeping with all the requests from City leaders to support Colleyville, especially with the
Highway 26 construction, it seems only right to keep the development with home town folks rather than a National
company. They are the ones that support the doctors, grocery stores, and restaurants here locally.
We desire to have the development uniform like the one we live in across the street, The Legacy. The trees, walking
paths that the Maykus Company propose are more in keeping with the country feel of Lavaca.
We have lived in this close area including Remington Park since 2006.
Thank you for your time and consideration.
Jimmy and Sonia Bilderback
The Legacy
6105 Ridgewood Lane
Colleyville, Texas 76034
1
Ben Bryner
To:Nanette Love
Subject:RE: Proposed Development on Lavaca Trail
From: Nanette Love [mailto:]
Sent: Wednesday, November 21, 2018 12:45 PM
To: Ben Bryner <BBryner@colleyville.com>
Subject: Re: Proposed Development on Lavaca Trail
Hi Ben,
As a follow up to our conversation this morning, I just wanted to reiterate that after attending the
city council meeting this past October and learning more details from the developer on their plans on
Lavaca Trail, I am more comfortable with the proposed plans.
My understanding is that they plan on doing a "mirror image" of how they developed The Legacy
across the street.
However, with this being said, I also know that Remington Park residents/HOA have requested a
meeting with the developer to address specific concerns that they want to make sure are addressed,
which I also strongly agree with, such as making sure proper drainage is installed, traffic flow is
addressed, etc.
As I shared with you this morning, many residents in Remington, including myself, still have concerns
about the increased traffic this will cause for Remington Park, and the dangers this could pose for
children, people walking, etc. The traffic has already increased as a result of the Legacy
development and it is critical that the city work with the Remington Park neighborhood to address
these issues.
Thank you, Ben, please call me with any questions.
Nanette Love
Realtor
Keller Williams Realty DFW
cell: 817.602.4101
WIRE FRAUD: During your representation by Keller Williams Realty you will NEVER be asked, via email, to wire or send funds to ANYONE, not even a title
company. DO NOT COMPLY WITH EMAIL INSTRUCTIONS TO WIRE FUNDS!
On Fri, Oct 5, 2018 at 12:38 PM Nanette Love < > wrote:
Hi Ben! My name is Nanette Love, and I am a resident in Remington Park here in Colleyville.
I wanted to share what I am hearing regarding the new development on Lavaca Trail. From my understanding the
property is currently zoned as R40, however, I am hearing the developer is more in line with developing as R20, which is
a higher density development.
My main concern is that Lavaca Trail can not support the higher density plan from a pure traffic standpoint. We are
already seeing more cut through traffic in Remington Park, and developing as R20 vs. R40 will only add to this and
create even more congestion to the area.
2
Believe me, I am all for new construction in our beautiful city, but I am requesting that the city of Colleyville consider
how this new development (and all new developments) will impact our existing neighborhood and maintaining the
quality of the surrounding areas. I personally think developing with larger lots with less density is best for our city and
this particular area.
Please feel free to give me a call, and thank you in advance for your taking the time to read this email.
Nanette Love
Realtor
Keller Williams Realty DFW
cell: 817.602.4101
WIRE FRAUD: During your representation by Keller Williams Realty you will NEVER be asked, via email, to wire or send funds to ANYONE, not even a title
company. DO NOT COMPLY WITH EMAIL INSTRUCTIONS TO WIRE FUNDS!
1
Ben Bryner
Subject:RE: Lavaca Trail Development
‐‐‐‐‐Original Message‐‐‐‐‐
From: Sonia Bilderback []
Sent: Tuesday, December 4, 2018 8:53 AM
To: Ben Bryner <BBryner@colleyville.com>
Cc: Eason Maykus < >
Subject: Lavaca Trail Development
Mr. Bryner,
We will be in attendance tonight at the City Council meeting in support of the Maykus Development on Lavaca Trail. We
strongly feel it is in the best interest of the area to duplicate a similar development as the The Legacy.
We have enough castles in Colleyville. And this small country road nestled between other developments is not suitable
for castles. Our generation takes offense to those opposing downsizing to half acre lots with million dollar homes.
Again, you want us to support Colleyville businesses, then we suggest you support local builders.
Thanks,
Sonia and Jimmy Bilderback
1
Ben Bryner
Subject:RE: Letter of Support for Legacy North Agenda item for City Council meeting tonite
Dec 4 2018
‐‐‐‐‐Original Message‐‐‐‐‐
From: Todd ford []
Sent: Tuesday, December 4, 2018 4:12 PM
To: Christine Loven <cloven@colleyville.com>
Cc: Ben Bryner <BBryner@colleyville.com>
Subject: Letter of Support for Legacy North Agenda item for City Council meeting tonite Dec 4 2018
December 4, 2018
Dear City Council Members,
I am writing this letter in support of the proposed zoning change request for the Legacy North development. I reside at
6200 Legacy Trail in the Legacy development and my home will be facing the proposed new development so I have a
vested interest in the decision made this evening. My family has lived in Colleyville since 2013, and we were drawn here
specifically for the community and the hometown feel that the neighborhoods and streets and semi‐rural development
across our beautiful city of Colleyville. We have lived in Thornbury and in Leyton Grove and have recently moved last
year into the Legacy development.
I am writing this letter in favor of this proposed zoning change for many reasons and let me take this opportunity to
point them out one at a time.
1. Colleyville has a master future land use plan and in that plan developments such as The Legacy were
specifically designed to meet and exceed those exact goals. The current Legacy development on the south side of
Lavaca Trail is a beautiful subdivision that makes use of the natural beauty of the land maintaining open park space and
walking trails and an abundance of native trees just as Colleyville desires for its future neighborhoods as written in the
city’s goals on your own website, and with the new proposed Legacy development it is planned to mirror the existing
Legacy project——how much easier could this decision be for the current council? The developer has been building
homes and developments in Colleyville for over 40 years and as someone who has built two custom homes in Colleyville
there is something to be said about using a local proven builder/developer who has the best interest of our city in
mind……..that will simply not be the case if you deny this request and a national builder with no loyalty to this city or its
citizens buys that land.
2. The R‐40 zoning that is currently in place for this 17 acre tract is a remnant of a larger land use plan that at
the time might have been the “best use of the land” however and most importantly that is no longer the case or the
“best use” standard. All of the surrounding developments WERE R‐40 many years ago but as those developments were
rezoned to R‐20, PUD‐R and other similar zoning changes that left this as the only remaining property around the Lavaca
corridor that wasn't rezoned. And it wasn't rezoned simply because the original owner in 2006 failed to bring any
reasonable plan to the P&Z board at that time to give them reason to rezone like the surrounding neighborhoods. The
P&Z at that time stated in their minutes if he would come back with specific plans and plat they could look at then they
would most likely approve his request as they did in all the other surrounding developments. He simply never went back
to ask. And in fact the city it appears has been mistakenly misrepresenting the zoning of this 17 acre tract for over 10
2
years! In those 10 years no one has objected to the R‐20 zoning depiction because quite frankly it made sense then and
it makes sense now given all the surrounding neighborhoods that border this small island of property—the last
undeveloped piece of land in this part of the city. The proposed Legacy North development will exceed the minimum
standards of the R‐20 zoning and each of you only need to look across the street Lavaca Trail to see EXACTLY what the
city will be receiving by approving this zoning change request. Once again this is an easy decision with no risk to the
council because you can see the finished product before it ever breaks ground because it has been duplicated in its
mirror image right across the street.
3. Community support. Quite simply this might be the most important reason this proposal should pass tonite
with your approval. All of the surrounding neighborhoods have overwhelmingly supported this proposal. The HOA of
Remington Parc to the east, the HOA of Rosewood Villas to the north, the current Legacy property owners to the south
and the owners of homes on Emmas Court to the southwest and Lantana Court to the west…….All of these citizens have
overwhelmingly written letters of support or voiced their support in person at one of the two planning and zoning board
meetings and the two council meeting including tonite. As council members I feel it is without question that one of your
goals is to seek the input of the most affected citizens in a zoning change request, and I would venture a guess that not
many zoning change requests come or will come before you with such resounding community support from the
immediate and most impacted neighbors as this proposal has. Not only have the citizens come out to speak in favor of
this plan but those that were initially opposed or had concerns with this plan have all met with the developer to discuss
their concerns and to the best of my knowledge all concerns have been addressed and even those such as the Emmas
Court HOA that initially opposed in P&Z are now SUPPORTING this zoning request. What better evidence does a council
person need to support a zoning request than its own citizens? IN fact not only have the citizens supported this
proposal but the city planning and zoning staff has recommended approval because this zoning request meets the
overall desires and goals of the Colleyville future land use design plan and moreover by a UNANIMOUS decision the P&Z
board voted 7‐0 to approve this request without reservation.
It seems quite logical for the council to use their authority to approve this zoning request for the benefit of not only the
citizens of the new LEGACY north but for all of those surrounding neighbors who have all voiced their approval in one
way or another and the overall benefit of the city of Colleyville.
Just this past weekend thousands of people came to The Legacy south neighborhood to complete the Colleyville
Women’s Christmas Tour of Homes for charity! They chose The Legacy because of its natural beauty and the quality of
homes being built by local proven custom home builders such as the Maykus developers. The citizens of Colleyville are
asking you to do what we see as an easy choice to bring a high quality neighborhood to a final undeveloped piece of land
in a mirror image of the existing Legacy development directly across Lavaca Trail. It will look beautiful and will
complement the existing neighborhood and it will be everything the city of Colleyville envisions for the present and the
future I can assure you.
Thank you for your time and your consideration in this matte.r
Todd and Kayla Ford
6200 Legacy Trail
Colleyville, Texas
817‐360‐9570
1
Ben Bryner
Subject:RE: Letter for city council meeting
‐‐‐‐‐Original Message‐‐‐‐‐
From: Beka []
Sent: Tuesday, December 4, 2018 4:22 PM
To: Ben Bryner <BBryner@colleyville.com>
Cc: Eason Maykus < >
Subject: Letter for city council meeting
Dear City Council Members of Colleyville,
My name is Beka Philipp. My husband and I along with our three children; are in the process of building a house in the
Legacy subdivision in Colleyville.
My husband and I moved to Texas nearly 10 years ago and both fell in love with the charm of Colleyville. We hoped that
someday our family would be able to end up there.
We have been living in Heritage in Fort Worth for the last 7 yrs and have be ready to make a change and move. For the
last three years we have driven around looking for lots that spoke to us, so that we could build a home someday and
raise our children.
We stumbled upon the Legacy subdivision one day when they had just started to build homes. We FELL IN LOVE with the
neighborhood! The trees in the entry, the security of a gate, the trails, the custom homes, the whole layout of the
neighborhood. EVERYTHING! At that time we didn’t feel quite ready to start building. So we went about our lives.
Well here we are a couple years later and we are building our home there.
Legacy’s charm never left our hearts and we’re so grateful we are going to live there!
With that being said, I also fell in love with Lavaca trail. That road, has been beautiful with the cow pasture and all the
trees. I am sad to see it go, but know it will be developed. The only way I will be happy about that area being developed
is if we get to add to Legacy and make another neighborhood that is just as beautiful. There is nothing I hate more than
having these contractors come through and build their cookie cutter homes. The builders in Legacy are custom and build
beautiful homes. They also know the importance of keeping the beauty of the trees in some areas, having the homes
face the street and adding to the community by bringing in trails.
I hope that you will hear the voices of those of us that are already apart of the Legacy subdivision. And go with Maykus
to be the developer of a new Legacy North Subdivision.
Sincerely,
Beka Philipp
Sent from my iPhone
11/29/18
Dear City of Colleyville Council:
My wife, our young children, and I recently built a home in The Legacy off of Lavaca Trail in the city of
Colleyville. We moved a few miles from Keller to move into this beautiful neighborhood because we
needed some more space, were well familiar with the excellent school district (s), were aware of the
quality and type of subdivision of The Legacy, and desired the excellent family community atmosphere
of the city of Colleyville. If you have visited The Legacy, you will see what a great neighborhood we
have. Each house is unique and custom built by very reputable builders. There is a walking trail with
preserved green trees, and a pond with a fountain. The neighborhood is gated and quietly situated next
to Remington Park. The entrance of our neighborhood is off Lavaca Trail, which is off of busy 7 lane
Precinct Line Road. Our gate is critical for the safety of our children, spouses, and property. It is a
detractor for heavy volume of vehicle traffic, which can occur off the busy thoroughfare.
We fully support the development of the piece of property to the north of The Legacy to be completed
by Hat Creek Development as currently proposed. When we bought in The Legacy, we researched the
city of Colleyville’s land maps. We were fully aware that the property in question was zoned for ½ acre
lots. Making a Legacy North with top of the line builders such as Providential Custom Homes, Maykus
Custom Homes, and Larry Stewart Custom Homes will be an excellent addition to OUR community. We
support this because we believe the property values will be maintained, which benefits our
neighborhood, surrounding neighborhoods, the City of Colleyville, and the local school districts. This
proposed neighborhood will maintain the highest standards of tree preservation, open space, walking
trails, safety, and the aforementioned quality custom construction.
We have invested greatly in this community and plan to stay for years to come. We fully support the
proposed gated development by Hat Creek Development of R20 lots across from The Legacy. We know
the developers and the custom builders will maintain the highest quality that we demanded of our
neighborhood as home owners and voting citizens of the City of Colleyville. If you need further
information from us about our support, please do not hesitate to contact us. Thank you very much for
your vote of support for this proposed subdivision by Hat Creek Development.
Sincerely,
Brian G. Webb, MD
Keely D. Webb, JD
705 Legacy Trail
Colleyville, TX 76034
December 1, 2018
Dear City Council Members of Colleyville,
I would like to introduce my wife and myself to you. Our names our Chris and Donna Stark. Our primary residence
address is 6201 Ridgewood Lane, Colleyville, TX 76034 in the Legacy subdivision. We purchase our home in Late
May 2017 and moved in in early July of the same year. My Wife and I were former residents of Southlake Texas
for more than 7 years.
Prior to moving to Colleyville, we had our home in North Arlington, TX for more than 14 years. What drew Donna
and I to Colleyville was the unique and well throughout master community (“Legacy”) that the Maykus’ had
developed. With the very large green belt areas within the neighborhood, well-constructed wide sidewalks for
morning and evening walks with our pet, ½ acre lots and top-rated builders we knew this concept would protect
our financial interest in our home along with the privacy of the gated community. I travel extensively. My wife
loved the idea of the open gate during day light hours for her deliveries to come freely while being able to meet
and greet neighbors that come into this community from the surround areas to walk the pets, children and get in
the morning runs. Yet, what really excited her was the thought of the closed gates in the evening for her security
and comfort.
Our purpose for exiting Southlake were many. We had custom built our home on a 1.25-acre plot of land that was
promised to us to be a community of top builders, high quality and high standards of construction. This pocket
neighborhood was only made up of 28 one plus acre homes. We were the fourth house in that neighborhood.
Next thing we knew the homes being constructed were by subpar builders with no regards to the neighbors,
landscaping, architecture standards and any concerns to building a community that would enhance the value of
the entire community and surroundings.
When we moved into the Legacy here in Colleyville, we were about the fifth or sixth home to be occupied. Today,
out of the 38 plus lots located here in the Legacy subdivision, there has been about 28 homes built, occupied
and/or under construction. The original developer of this community has done a spectacular job in sticking to his
word about the quality, construction, approved builders and vendors and the residence within the community. I
personally believe the philosophy behind one-acre plus tracks is garbage and can’t stand up against time. What
the Maykus’, Hat Creek Development and other home owners have truly done in the Legacy is built s community
that everyone is proud of and will become only stronger as the other residence move in.
When it was brought to my attention a few months back that there could be a “Legacy North” subdivision
developed under that same ethics, guidelines, principals and standard as our subdivision I knew my home
investment and location was PROTECTED and PERFECT. In fact, I have been telling several of my friends and
neighbors from Southlake about this upcoming development and they can’t wait to see it since they also
experience what we did in the larger lots and promises that were never fulfilled.
The Starks FULLY SUPPORT the development of “THE LEGACY NORTH” subdivision as proposed to the City. We
hope we can count on your vote as well to see this project get approved.
Sincerely,
The Starks
6201 Ridgewood Lane
Colleyville, TX 76034
Chris Cell: 817-247-3183
Chris email: Christopher.stark.sr@rewdbeemedia.com
Donna Stark
Cell:817-538-3860
Email: donnasta620@gmail.com
ORDINANCE O-19-2075
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 17.32 ACRES, BEING LOT C, MCEWING SUBDIVISION &
1B02A, 1B2, 1B3, AND 1B4, ABSTRACT 1154, IN THE R H MCEWING
SURVEY, LOCATED AT 712 – 810 LAVACA TRAIL, FROM THE R-40
SINGLE FAMILY RESIDENTIAL DISTRICT TO THE PUD-R PLANNED
UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING A PENALTY
OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,000.00); AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
under Case No. ZC18-033; 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, 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
Ordinance O-19-2075
Page 2 of 6
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.
WHEREAS, The City Council acknowledges the existence of a binding letter
of intent between the developer and the Lavaca Trail Estates
HOA dated November 20, 2018 (LOI) containing certain mutual
covenants between these two parties related to the development
of the property described herein and that said parties intend on
performing the covenants contained therein, provided said
performance does not expressly conflict with applicable law or
this ordinance.
WHEREAS, The City Council acknowledges the existence of a binding letter
of intent between the developer and the Remington Park Estates
HOA dated November, 2018 (LOI) containing certain mutual
covenants between these two parties related to the development
of the property described herein and that said parties intend on
performing the covenants contained therein, provided said
performance does not expressly conflict with applicable law or
this ordinance.
WHEREAS, The City Council acknowledges the existence of a binding letter
of intent between the developer and the Rosewood Villas HOA
dated November, 2018 (LOI) containing certain mutual
covenants between these two parties related to the development
of the property described herein and that said parties intend on
performing the covenants contained therein, provided said
performance does not expressly conflict with applicable law or
this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on 17.32 Acres being Lot C, McEwing
Subdivsion & 1B02A, 1B2, 1B3, and 1B4, Abstract 1154, located
Ordinance O-19-2075
Page 3 of 6
in the RH McEwing Survey, located at 712-820 Lavaca trail from
The R-40 Single Family Residential zoning district to the PUD-R
Planned Unit Development - Residential zoning district, as depicted
in the attached Exhibit “A” and Exhibit “B”, and as described in
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 PUD-R is for a single-family residential
development of twenty-five (25) detached dwelling units,
constructed at a minimum density of 20,000 square feet per
single family dwelling unit and five (5) open space lots.
b.This property is subject to all the regulations of the R-20
Single Family Residential district 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 Zoning Exhibit, labeled
as Exhibit “B”, which shall not be considered the preliminary
plat. The actual street and lot arrangement may differ
slightly from that shown on Exhibit “B” to accommodate
topographic, drainage, engineering design limitations 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 PUD-R.
c.As part of the platting process, detailed drainage plans shall
be submitted showing the existing run-off and the proposed
detention for containing the increased run-off at full
development. The drainage shall not impact adjacent
development.
Ordinance O-19-2075
Page 4 of 6
3.PERMITTED USES
a.Single-family residences, detached
b.Common open space areas
4.RESIDENTIAL LOT REQUIREMENTS AND SETBACKS
Single-family detached residential lot requirements and setbacks
shall comply with the following provisions:
a. Minimum Lot Size 20,000 square feet.
b. Minimum Lot Width 100 feet, except for cul-de-sac lots
c. Minimum Lot Depth 125 feet.
d. Front Building Line 30 feet.
e. Side Building Line 10 feet.
f. Rear Building Line 25 feet.
g. Maximum Lot Coverage: 30 percent
5.OPEN SPACE
a.This development shall provide 11.3% of common open
space, which shall generally be configured as shown on
Exhibit “B”. All open space areas shall be landscaped and
maintained by the Homeowner’s Association.
b.All amenities within the open space areas shall be
maintained by the Homeowner’s Association.
6.PRIVATE STREETS
Sec. 3.
a.This development shall provide streets within the Legacy
North subdivision to be private streets with restricted
access (gated).
THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore amended,
and as amended herein.
Sec. 4. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance of
the City of Colleyville, and upon conviction shall be punishable by
Ordinance O-19-2075
Page 5 of 6
a fine not to exceed the sum of Two Thousand Dollars ($2,000.00)
for each offense.
Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion
so decided to be invalid or unconstitutional.
Sec. 6. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 7. THAT it has been found that there has been a change in conditions
in the above described property, it is now necessary that it be
given the above zoning classification in order to permit its proper
development and in order to protect the public interest, comfort
and general welfare, and requires that this ordinance shall take
effect immediately from and after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 22nd day of
January 2019.
The second reading and public hearing being conducted on the 5th day of
February 2019.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the 5th day of February 2019.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood ____
Place 1, Tammy Nakamura Place 5, Chuck Kelley ____
Place 3, Kathy Wheat Place 6, Callie Rigney ____
Place 4, George Dodson
Ordinance O-19-2075
Page 6 of 6
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Whitt Wyatt
City Attorney
Exhibit “A” – Location and Zoning Map
Exhibit “B” – Conceptual Zoning Exhibit
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number Agenda Date 01/22/2019 Number Resolution R-18-4294
Type Resolution
Department Community Development
Title
Consideration of a final plat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase
II, located at 105 and 103 John McCain Road and 7189 Cast Iron Forest Trail, Case
PC17-004
Strategic Plan
There is no Strategic Plan connection for this item.
Explanation
This item remains tabled, waiting on applicant action.
Reading and Public Hearing
Kevin Kessler, the applicant, requests approval of a final plat for Lots 1, 2, and 3X,
Block 1, Old Grove Addition on approximately 2.20 acres, located at 105 and 103 John
McCain Road and 7189 Cast Iron Forest Trail. The applicant proposes to combine and
redevelop 2 lots, an old right-of-way area, and an open space lot into 2 single-family
residential lots and an open space lot. The old right-of-way area will be abandoned as
part of the plat.
Existing Conditions/Background: The subject property is currently zoned PUD-R
Planned Unit Development – Residential district and is a combination of Lots 1 & 2,
Block 1, Neidholt Addition, and old right-of-way area, and Lot 2X, Block E, Old Grove
Addition. The property is generally located east of Cast Iron Forest Trail and southwest
of John McCain Road as it turns north. The property is currently undeveloped. The plat
up for consideration proposes to combine and redevelop the property for future
residential development on 2 lots and an open space lot.
Lot Dimensions and Setbacks:
Per Ordinances O-04-1475, Lot Requirements and Setbacks, the PUD zoning
regulations require the following standards:
Minimum Lot Area: 13,000 square feet
Average Lot Area: 16,000 square feet
Minimum Lot Width: 90 feet
Minimum Lot Depth: 120 feet
Minimum Front Yard Setback: 25 feet
Minimum Side Yard Setbacks: 10 feet
City Council Agenda Briefing
City of Colleyville Page 2
Minimum Rear Yard Setback: 25 feet
As submitted, the proposed plat meets all of the requirements of the PUD-R zoning and
the Land Development Code.
Surrounding Development: The properties to the north, south, and west are zoned
PUD-R Planned Unit Development – Residential district and primarily developed with
single family homes. The property to the east is zoned R-30 Single Family Residential
district and developed with a single family home. There is a large retention/detention
pond adjacent to the south.
Analysis: The property is located at the northeast side of the Old Grove neighborhood.
The PUD-R zoning approved in 2004 originally planned for 4 lots. The proposal has
reduced the lot number to 2 lots for single-family residential development.
The proposed Final Plat also includes a small open space lot adjacent to an existing
Emergency Access Easement and drive lane.
Finally, an old right-of-way area is currently unused with no improvements existing.
The approval of the Final Plat will include the abandonment of the right-of-way and the
area incorporated into the lot area of the proposed area of Lot 1.
Fees: Park Land Dedication fees are required in the amount of $1,802 per residential
lot. Park Land Dedication fees are due prior to filing the plat for record. Impact Fees
are also required per Chapter 13 (Impact Fees) of the Land Development Code and are
due prior to the issuance of a Building Permit.
Tree Preservation: Any subdivision of the subject property must comply with
Chapter 5 (Tree Preservation) of the Land Development Code. Where any tree is slated
for removal, no site grading, dirt disturbance or new construction may occur on the
property until a Tree Removal Permit has been issued that is associated with an
approved Tree Preservation Plan.
In addition to the requirements for submittal of a Tree Removal Permit and Tree
Preservation Plan, future development on the site must maintain the minimum existing
protected tree canopy coverage as required in Chapter 5.
Public Notification: Staff mailed notices to all property owners within 200 feet of the
subject property on Friday, March 23, 2018. Notice was published in the Fort Worth
Star-Telegram as required by State law and the Land Development Code on Saturday,
March 24, 2018. To date, three correspondences in opposition have been received for
this item.
Staff Recommendation: The proposed Final Plat meets the requirements of the Land
Development Code, staff recommends approval.
City Council Agenda Briefing
City of Colleyville Page 3
Planning & Zoning Commission Recommendation: The Planning & Zoning
Commission recommended approval at their July 9, 2018 meeting by a vote of 5-0.
Financial Impact
There is no financial impact to the City.
Recommendation
Approve
Attachments
1.Aerial Map
2.Zoning Map
3.Future Land Use Map
4.Plat Exhibit
5.Ordinance O-04-1475
6.Notification Map
7.Notification List
8.Property Owner Notification Letter
9.Letters of Opposition
10.Resolution R-18-4294
RESOLUTION R-18-4294
A RESOLUTION APPROVING A FINAL PLAT FOR LOTS 1, 2, AND 3X,
BLOCK 1, OF THE OLD GROVE ADDITION, PHASE II
WHEREAS, the Planning and Zoning Commission recommended approval of
the Final Plat for Lots 1, 2, & 3X, Block 1, of the Old Grove
Addition, Phase II on July 9, 2018.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Final Plat for Lots 1, 2, & 3X, Block 1, of the Old Grove
Addition, Phase II on approximately 2.20 acres, attached as
Exhibit “A" - Plat Exhibit, is hereby approved.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ___ AYES, ___ NAYS, AND ___ ABSTENTIONS ON THIS
THE 18TH DAY OF SEPTEMBER 2018.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 5, Chuck Kelley
Place 3, Kathy Wheat Place 6, Callie Rigney
Place 4, George Dodson
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
Assistant City Secretary Mayor
Exhibit “A” - Plat Exhibit
RESOLUTION R-19-4351
A RESOLUTION APPROVING CITY COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF
JANUARY 22, 2019
WHEREAS,City 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:
a. THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 22ND DAY OF
JANUARY 2019.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 3, Kathy Wheat
Place 4, George Dodson Place 5, Chuck Kelley
Place 6, Callie Rigney
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
SPEAKER CARD
Date:
Agenda Item Number:---- Item must be completed!
For example: 5a is can be found on the far left side of t
Do you have special technology needs, such as loading photos, connecting a laptop
or tablet, durrinnggQ,yJour�time to speak? Yes ✓ No
I 1I speak In Support
p pport of this item. I will speak In Opposition to this item.
I do not wish to speak, but please record my: support opposition
Name:
Address,M'R Q'e"(, h Rol City:
I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda
as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open
Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking
under the Citizen's Commenks sectiop of the agenda.
Signed
is a Public Record
SPEAKER CARD
Date: / '�2 -/ F
Agenda Item Number: -*— Item must be completed!
For example: 5a (this can be found on the far left side of the agenda copy,)
Do you have special technology needs, such as loading photos, connecting a laptop
or tablet, during your time to speak? Yes No
I will speak In Support of this item. I will speak In Opposition to this item.
I do not wish to speak, but please record my: support opposition
Name:
Address: s!V7IV
City: C, - k -
I understand I am limited to speaking for Five minutes. For agenda items not listed on the agenda
as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open
Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking
under the Citizen's Comments section of the agenda.
Signed:
a Public Record
SPEAKER CARD
Date:
Agenda Item Number:,.-- Item must be completed!
For example: 5a (this can be found on the far left side of the agenda copy)
Do you have special technology needs, such as loading photos, connecting a laptop
or tablet, during your time to speak? Yes No
I will speak In Support of this item. I will speak In Opposition to this item.
I do not wish to speak, but please record my: support opposition
Name:
Address: o2Uy ( ��f`� z� City: [�e--
I understand I am limited to speaking for Five minutes. For agenda items not listed on the agenda
as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open
Meetings Law, Chapter 551 of the Texas Local Government Code, This includes persons speaking
under the Citizen's Commegts section of the agenda.
Signed
a Public Record
SPEAKER CARD
I'
Date: - la2la
Agenda Item Number: 2,015
- *-- Item must be completed!
For example: 5a (this can be found on the far left side of the agenda cony)
Do you have special technology needs, such as loading photos, connecting a laptop
or tablet, during your time to speak? Yes No
Name:
I will speak In Support of this item. I will speak In Opposition to this item.
I do not wish to speak, but please record my: v' support opposition
L�
Address: t9l A R--c-aDc-( Lp�w` City: A✓
I understand I am limited to speaking for rive minutes. For agenda items not listed on the agenda
as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open
Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking
under the Citizen's Comments section of the agenda.
This information is a Public Record
SPEAKER CARD
Date: /
Agenda Item Number: Item must be completed!
For example: Sa (this can be found on the far left side of the agenda cove)
Do you have special technology needs, such as loading photos, connecting a laptop
or tablet, during your time to speak? Yes No
V I will speak In Support of this item. I will speak In Opposition to this item.
I do not wish to speak, but please record my: support opposition
Name:
Address: City: Co
I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda
as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open
Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking
under the Citizen's Comments,section of the agenda.
Signed:
a Public Record