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Home My WebLink AboutCity Council-Agenda Packets-8/2/2011~,'~'~£~~~~ :~~~~~ ~;._,_.`. ~~ City of Colleyville Agenda Clt)/ COUI1C11 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, August 2, 2011 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the updated Cheek-Sparger Road and Jackson Road Intersection Study Attachments: PC-1.pdf Burgess and Niple correspondence dated July 14, 2011 - right turn lane analysis - Cheek-Sparger Road and Jackson Road PC-2 Update of the May 2012 municipal election process Attachments: PC-2.pdf Letter from G.K. Maenius, Tarrant County Administrator, dated July 28, 2011.pdf Letter from Bruce Shebert - July 17, 2011.pdf PC-3 Update and discussion of residential recycling program Attachments: PC-3.pdf IESI Residential Recycling Public Education Plan.pdf Proposed Recycle Route Split.pdf Presentation - Residential Recycling.pdf PC-4 Discussion of the August 2, 2011, City Council meeting regular agenda items Attachments: PC-4.pdf 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 public hearing or action items on the agenda Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz City of Colleyville Page 1 Printed on 7/29/2011 City Council Agenda August 2, 2011 Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand Attachments: 1- Executive Session - Legal.pdf RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Carter Foster, Covenant Church of Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-11-3385 Attachments: Resolution R-11-3385 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation award - Mayor David Kelly, Assistant City Manager and Chief Financial Officer Terry Leake, Finance Manager Karen Hines and Strategic Services Manager Eric Ellwanger Attachments: 3- Announcements, Proclamations and Presentations.pdf 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3386 4a Approval of the minutes of the regular City Council meeting of July 19, 2011 Attachments: Resolution R-11-3386 City Council Minutes - July 19, 2011.pdf City of Colleyville Page 2 Printed on 7/29/2011 City Council Agenda August 2, 2011 4b Approval of a change order for the construction contract with Champion Utility Construction for the Colleyville Boulevard (SH26) Utility Relocation Project, in the amount of $32,574.42, and authorize the city manager to execute the change order Attachments: 4b Briefing.pdf TxDOT correspondence dated July 14, 2011 Change Order #2 4c Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2011, in the amount of $42,450 Attachments: 4c Briefing.pdf Audit Engagement Letter for Fiscal Year Ended September 30, 2011.pdf 2010 Peer Review.pdf 4d Approval and adoption of the 2011 certified tax roll Attachments: 4d Briefing.pdf 2011 Certified Tax Roll City of Colleyville Notice of Effective Tax Rate - 2011.pdf 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1799 Approval of a request for a Special Use Permit for on-premise alcoholic beverages sales on Lot 2A, Block 1, of the Market Addition located at 5003 Colleyville Boulevard, Case ZC11-012 Attachments: 5a Briefing.pdf Notification List 500 ft. Buffer Map Statement of Planning Objectives Restaurant Menu Site Plan Proposed 1,080 Square Foot Addition Building Elevations Ordinance 0-11-1799 City of Colleyville Page 3 Printed on 7/29/2011 City Council Agenda August 2, 2011 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1800 Approval of a request to rezone Lots 1-16, Block 1 of the Colleyville Heights Addition from R10-Single Family Residential to PUD-R-Planned Unit Development Residential located in the 800 block of Regina Court and 5408 South Drive, Case ZC11-008 Attachments: 6a Briefing.pdf ApplicanYs Request to Appeal to City Council Location and Zoning Map Notification List Buffer Map Property Owner Approvals Statement of Planning Objectives Zoning Exhibit Colleyville Heights Final Plat Section 3.24.G - Schedule of District Regulations Small Lot Subdivision Comparison Ordinance 0-11-1800 6b 0-11-1801 Approval of a request for a Special Use Permit to allow for horses on Lot 6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie Road, Case ZC11-010 Attachments: 6b Briefing.pdf Location and Zoning Map Notification List Buffer Map ApplicanYs Request Zoning Exhibit Grazing Area Ordinance 0-11-1801 6c 0-11-1802 Approval of a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's fourth Rate Review Mechanism (RRM) Attachments: 6c Briefing.pdf Ordinance 0-11-1802.pdf City of Colleyville Page 4 Printed on 7/29/2011 City Council Agenda August 2, 2011 6d 0-11-1803 Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100 Precinct Line Road, Case ZC11-014 Attachments: 6d Briefing.pdf Location and Zoning Map Notification List 200 ft. Buffer Map Letters of Opposition ApplicanYs Request Line of Sight Exhibit Building Elevations East Elevation Ordinance 0-10-1761 Ordinance 0-11-1803 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3387 Approval to revise Resolution R-10-3286 adopting Guidelines and Criteria for Economic Development Incentives Attachments: 7a Briefing.pdf Resolution R-11-3387.pdf 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Senior Center Advisory Committee Minutes - March 17, 2011 Senior Center Advisory Committee Minutes - May 19, 2011 Planning and Zoning Commission Minutes - July 11, 2011 Attachments: 9 - Reports.pdf Senior Center Advisory Committee Minutes - March 17, 2011 Senior Center Advisory Committee Minutes - May 19, 2011 Planning and Zoning Commission Minutes - July 11, 2011 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 2, 2011 - Reading and Public Hearing - Resolution R-11-3388 Attachments: Resolution R-11-3388 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 29, 2011, by 5:00 p.m. City of Colleyville Page 5 Printed on 7/29/2011 City Council Agenda August 2, 2011 Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 6 Printed on 7/29/2011 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Engineering Department Agenda Date: 08/02/2011 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Presentation of the updated Cheek-Sparger Road and Jackson Road Intersection Study Attachments: Burgess and Niple correspondence dated July 14, 2011 - right turn lane analysis - Cheek-Sparger Road and Jackson Road History of Legislative File Version: Date: Acting Body: Action Text: 08/02/2011 City Council Title Presentation of the updated Cheek-Sparger Road and Jackson Road Intersection Study Explanation This item is provided as an opportunity for representatives from Burgess & Niple to present an update of the Cheek-Sparger Road and Jackson Road Intersection Study. Burgess & Niple, Inc., performed the preliminary traffic study to determine the optimum type of roadway improvements necessary at this intersection, in terms of geometric and enhanced traffic movement. Steve Thieken, P.E., of Burgess & Niple, Inc., presented the study results to City Council, along with design recommendations at the June 21, 2011 Pre Council meeting. City Council had several questions that required a more in-depth analysis of each individual right turn lane. Since the completion of the initial analysis for the study, the Transportation Research Board (TRB) published new evaluation methods (in HCM2010) for roundabouts based on research of roundabouts in the United States. A comparative analysis was completed utilizing the evaluation criteria from the original analysis, Sidra, as well as the new evaluation methods included in the HCM2010. As a result of the new evaluation methods, the recommendations of this study have been updated. A single lane roundabout with a northbound and westbound right turn lane would provide acceptable operation at both the 2020 and the 2025 traffic forecasts. A single lane roundabout with only a northbound right turn lane would accommodate current traffic and the 2020 traffic forecasts. Although the proposed intersection would exceed the design capacity for the 2025 traffic forecasts, with the constraints in the existing overall system (a two-lane Cheek-Sparger Road), it is not likely the projected 2025 traffic will occur at this intersection. The recommendation of the revised study is that a single lane roundabout with City of Colleyville Page 1 Printed on 7/29/2011 Aaenda Briefinp Continued a northbound right turn lane be constructed and that the design of the intersection include accommodations for the addition of a westbound right turn lane at a later date, if the City so desired. Staff recommends that a public meeting be held in September 2011 to present the design recommendations for the intersection improvements. Residents within the area will be invited to the presentation and be given the opportunity to provide input regarding traffic and congestion issues. Staff will subsequently present the results of the public meeting to City Council, and will then request authorization to initiate a Professional Services Agreement for the design of the project. Design is expected to take approximately eight months and construction could be initiated as early as Summer 2012. City of Colleyville Page 2 Printed on 7/29/2011 ^ ^ ^ ^ To: From: Subject: Memorandum BURGESS & NIPLE Jeremy Hutt, P~ Steve Thieken, P~, PTO~ David Washington, PE, PS Right T~un Lane Analysis Cheelc-Sparger Road & Jaclcson Road Date: July 14, 2011 Job Number: Sect. No./Act.: aurgessaxiuie,mc. This memorandum is a follow-up to the request at the June 21'` Pre-Co~incil ineeting to 5085 Reed Road further investigate the need for right turn lanes at the subject intersection. Columbus, OH 43220 6~4 459~205o The following two tables show the Sidra operational analysis assuming only a NB right Fax 614 451.1385 turn lane. Sid~a shows that there is a potential baclcup (queue) problein on the east approach without the inclusion of a westbound right turn lane (queue/backup of 1023'), and the approach is over capacity. Siclrcr - 2020 NB Right Turn Lanc Only Maximum Approach Average Vehicle Volume to Capacity 95th Percentile Delay (sec) Queue Length (ft) Ratio 2020 2020 Approach AM PM 2020 AM 2020 PM 2020 AM 2020 PM Eastbound 11.4 10.4 0.80 0.65 384 212 Westbound 6.6 91.5 0.38 1.12 81 1023 Northbound 14.6 16.7 0.41 0.69 96 249 Southbound 8.0 0.31 60 445 Siclra - 2025 NB Ri ht Turn Lanc Only Average Vehicle Maximum Approach 95th Percentile Delay (sec) Volume to Capacity Queue Length (ft) Ratio Approach 2025 AM 2025 PM 2025 AM 2025 PM 2025 AM 2025 PM Eastbound 17.5 14.8 0.86 0.69 480 245 Westbound 10.0 144.4 0.40 1.25 89 1401 Northbound 16.0 18.6 0.46 0.75 115 300 Southbound 11.5 0.33 65 Sidy°a is an industry accepted software for roundabout analysis and is used by nlany professionals for the planning and design of roundabout, and was the analysis method that was used to develop the analysis reported at the J~~ne 21~t meeting. However, since the coinpletion of the initial analysis for this study (prepared over a year ago) that was Page 2 presented at the June 21~T meeting, the Transportation Research Board (TRB) has published new evaluation inethods (in the HCM2010) for roundabouts that are based on research on U.S. roundabouts. These new HCM2010 methods are also industry accepted methods. As part of this memoranduln, we have introduced this latest analysis methodology in order gain a more robust understanding of the intersection conditions. The HCM2010 method yields the following results for the saine conditions analyzed using Sidra above. HCM2010 - 2020 NB Ri~ht Turn Lanc Only Maximum Approach Average Vehicle Volume to Capacity 95th Percentile Delay (sec) Queue Length (ft) Ratio Approach 2020 AM 2020 PM 2020 AM 2020 PM 2020 AM 2020 PM Eastbound 24.5 14.2 0.83 0.61 238 105 Westbound 8.3 0.35 40 Northbound 12.8 22.2 0.42 0.78 53 193 Southbound 7.9 38.3 0.29 0.83 30 203 HCM2010 - 2025 NB Ri~ht Turn Lanc Only LOS and Average Vehicle Delay (sec) Maximum Approach V/C 95th Percentile Queue Length (ft) Approach 2025 AM 2025 PM 2025 AM 2025 PM 2025 AM 2025 PM Eastbound 30.1 15.8 0.88 0.65 290 120 Westbound 8.8 0.37 1.02 43 Northbound 14.0 27.2 0.46 0.84 60 235 Southbound 8.3 50.5 0.31 33 250 The westbound is shown to just below its capacity in 2020 and just over capacity in 2025 without a westbound right turn lane. lf the intent of the City is to provide a functioning intersection for c~~rrent traffic and 2020 traffic (1% per year growth), the HCM2010 methodology shows that providing only a NB right turn lane results in a roundabout that should operate acceptably, but near its capacity during pealc hours. While the 2025 results show that the roundabout exceeds capacity in 2025, it should be reiterated, as discussed in ot~r June 21" presentation, that given constraints in the existing overall system (a two-lane Cheek-Sparger Road), it is not likely that the assumed 2025 traffic will ever be realized at this intersection. ln either year, the predicted c~ueue lengths are not extreme. To loolc at an option that might address the capacity of the westbound movement, an option that adds a westbound right turn lane in addition to the northbound right t~un lanes is also considered. Using Sid~a, the following results indicate that removing the right turning vehicles fiom the westbound tluough lane significantly reduces the queuing effect on that approach, because that approach is at its capacity and very sensitive to even a 5% in through traffic. As a consequence though, the increased westbound efficiency/traffic flow has a negative effect on the north leg (southbound) that makes it more difficult to enter the roundabout, and results in a longer queue on the southbound leg. nt a roundabout, as with other intersections, improvement to one approach can have inlpacts on other approaches. Page 3 Siclrcr - 2020 NB and WB Right Turn Lancs Average Vehicle Delay (sec) Approach Volume to Capacity Ratio 95th Percentile Queue Length (ft) Approach 2020 AM 2020 PM 2020 AM 2020 PM 2020 AM 2020 PM Eastbound 14.6 13.6 0.80 0.65 384 212 Westbound 9.1 25.0 0.28 0.83 58 381 Northbound 14.6 16.6 0.41 0.69 96 249 Southbound 11.3 0.31 1.01 59 594 Sidrer - 2025 NB and WB Ri~ht Turn Lanes Average Vehicle Delay (sec) Approach Volume to Capacity Ratio 95th Percentile Queue Length (ft) Approach 2025 AM 2025 PM 2025 AM 2025 PM 2025 AM 2025 PM Eastbound 17.5 13.6 0.86 0.67 479 224 Westbound 9.3 35.3 0.29 62 524 Northbound 16.0 18.2 0.46 0.74 115 293 Southbound 11.5 107.9 0.33 1.12 64 842 Using HCM2010, however, indicates that this option provides an acceptable option for 2020. ngain it is sensitive to additional naffic but operates within its capacity for the 2025 estiinate. HCM2010 - 2020 NB and WB Ri~ht Turn Lanes Average Vehicle Delay (sec) Approach Volume to Capacity Ratio 95th Percentile Queue Length (ft) Approach 2020 AM 2020 PM 2020 AM 2020 PM 2020 AM 2020 PM Eastbound 24.5 14.2 0.83 0.61 238 105 Westbound 7.4 0.31 33 270 Northbound 12.8 22.2 0.42 0.78 53 193 Southbound 7.9 38.3 0.29 0.83 30 203 HCM2010 - 2025 NB and WB Right Turn Lancs Average Vehicle Delay (sec) Approach Volume to Capacity Ratio 95th Percentile Queue Length (ft) Approach 2025 AM 2025 PM 2025 AM 2025 PM 2025 AM 2025 PM Eastbound 30.1 15.8 0.88 0.65 290 120 Westbound 7.7 0.33 35 Northbound 14.0 27.2 0.46 0.84 60 235 Southbound 8.3 0.31 33 250 Conclusion lt appears that an option that provides both a northbound and westbound right turn lane would provide acceptable operations in 2020 and would operate within its capacity in 2025. However, since the intersection with only a northbound right turn lane is projected to operate acceptably for c~~rrent traffic and for 2020 traffic (using HCM2010 methods); and since there appears to be adequate right-of=way on the northeast quadrant to add a Page 4 right turn lane at a later time if needed/desired; and given that it appears to be the general desue of the City to minimize construction cost and impacts at this intersection as much as possible; a logical option is to only provide a northbound right turn lane at this time and prepare the design of the roundabout in a way that the westbound right turn lane could be added later and required minimal construction costs and no additional right-of- way. City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 08/02/2011 Controlling Body: City Council Requester: Office of the City Secretary Agenda No.: PC-2 File Name: Update of the May 2012 municipal election process Final Action: Attachments: Letter from G.K. Maenius, Tarrant County Administrator, dated July 28, 2011.pdf • Letter from Bruce Shebert - July 17, 2011. pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/02/2011 City Council Title Update of the May 2012 municipal election process Explanation Senate Bill 100 (SB 100) was signed by the Governor on June 17, 2011 and was enacted to provide for compliance with the federal MOVE Act and the requirements that counties mail ballots to military and overseas voters at least 45 days prior to election day in federal elections. Under SB 100, the primary runoff election moves to the 4th Tuesday in May while the uniform election day for local political subdivisions remains on the 2nd Saturday in May. As a result of the close proximity of the elections, SB 100 states counties are not required to conduct municipal elections during even numbered years. The City has contracted with Tarrant County Elections Administration to conduct municipal elections for approximately ten years. On July 14, 2011, during a meeting with cities, school districts and other political subdivisions, Tarrant County Elections Administration announced the County would not provide voting equipment or services to cities in May of even-numbered years. An open letter from Bruce Sherbet, former Dallas County Elections Administrator, with approximately 25 years of election experience, is attached and outlines the challenges for cities and school districts to conduct the elections. Denton, Bexar, Johnson and Dallas counties are continuing to partner with cities, school districts and other political subdivisions to conduct elections. On July 22, 2011, Tarrant County Elections Administration announced staff is reevaluating how the County may continue offering services to cities, school districts and other political subdivisions in even-numbered years. Although the County is continuing to determine the City of Colleyville Page 1 Printed on 7/29/2011 Apenda Briefinp Continued requirements necessary to conduct the 2012 elections, the County provided the following preliminary list of concessions for the County to consider offering election services to cities: • Reducing early voting sites to those used in county elections • No "temporary" or "mobile" early voting sites • Possible changes in election day polling places to those used in the primary election to avoid voter confusion in elections held so closely together • Possible increased costs due to additional overtime and temporary personnel Tarrant County Elections Administration stated a decision whether the County will offer election services to cities in 2012 is expected in mid-August. On July 28, 2011, Tarrant County invited elected officials, city managers and city secretaries to a meeting Wednesday, August 10, 2011, at 3:00 p.m. to assist in the development of a plan in which the County will assist cities and school districts in conducting local elections. City of Colleyville Page 2 Printed on 7/29/2011 TARRANT COUNTY MEMORANDUM To: Cities, School Districts and Other Political Subdivisions From: G.K. Maenius, County Administrator Date: July 28, 2011 Subject: Meeting Concerning SB 100 and Local Elections I would like to invite you to a meeting with other Tarrant County entities who have been impacted by SB 100 passed by the Legislature earlier this year. The meeting will be Wednesday, August 10t" at 3:00 p.m. I am confident we can work together to develop a win-win solution and continue to assist cities, school districts and other political subdivisions in holding local elections. The meeting will be held at: Tarrant County Family Law Center Assembly Room (2nd Floor) 200 East Weatherford Street Fort Worth, Texas You may park in the Tarrant County parking garage located at 101 Calhoun Street (at the corner of Weatherford and Calhoun Streets, the block east of the Family Law Center). Please brinq vour parkinq ticket from the qaraqe to the meetinq so it can be validated. For your information, this issue is on the August 1St Mayors' Council agenda simply to inform them of the meeting and to assure them that we are all working on the issue. If you have any questions, please do not hesitate to contact Jay Singleton at 817-884-1735, or isinqleton(a~tarrantcountv.com. z July 17, 2011 TO: Cities Scheduled to Conduct Elections on May 12, 2011 FROM: Bruce Sherbet SUBJECT: Response Regarding Election Options as a Result of SB100 This is an open letter response to the numerous cities that have recently contacted me inquiring about election consulting services that I may be able to offer their jurisdictions in conducting their May 2012 elections. The calls to me resulted from notifications that the cities have received from county election officials alerting them that the county would likely not be able to conduct their May 2012 elections as a result of SB 100. For example, in a June 7, 2011 e-mail to cities and school districts in Dallas County, Toni Pippins-Poole states "due to the SB 100 calendar for elections held even-numbered years, Dallas County will not be able to administer any elections during the primaries and their runoffs. With the overlapping early voting dates, Dallas County will not have sufficient equipment nor staff to effectively administer political subdivision's elections." As a result, cities and school districts have been scrambling to figure out how they can continue conducting their even-year May elections without the assistance of their county elections department. I have been honored to be considered for this role and have actually tal<en steps to form a group of very capable people with election background experience to assist me in this endeavor. I have researched what would be necessary to accomplish this tasl< and given a great deal of thought to the challenges that would lie ahead. There are so many moving parts in an election that there is no question that it would be a daunting tasl<. I have said it previously and I continue to believe that it is doable to conduct your own elections. I am open to discussing an election consulting contract with cities and school districts interested in this option; but, I can honestly say that I don't feel this is your best choice. After much consideration I am convinced that the most viable option is to continue contracting with your county to conduct the May 2012 election. I truly believe that the counties must reconsider their initial positions of not being able to conduct your May 2012 election. I am encouraged that some counties have already publically stated that they will be conducting the May 2012 elections for their cities and school districts. To name a few, I understand that Denton County, Bexar County and Victoria County have already committed to holding the May 2012 elections. I am sure these counties have considered the same challenges that the others have regarding personnel and equipment. It will no doubt require thinking out of the box but that is a much better solution than just throwing the box away. There will be some risk by contracting with the county to squeeze your election between the primary and primary runoff elections. In my opinion there are less risks going this route than attempting to conduct your own elections in-house. I base my opinion on the following: Space Requirements The county election departments have highly secured and adequate areas for: -- storing, staging, testing and securing voting equipment. -- preparing, mailing and storing absentee mail balloting materials. -- secured areas for the ballot board and signature verification committees to conduct their business. preparing election supply I<its for early voting and election day polling places. phone banks for election assistance. election counting stations. Comments - To effectively conduct the above processes requires a centralized environment like the one the counties utilize. If cities/school districts hold their elections in-house, adequate and secure areas have to be provided for these functions. Centralization of operations, chain of custody and ballot security is essential in these areas. If I am contracted by cities/schools to provide election assistance in conducting their elections it will be extremely challenging to oversee these processes in a decentralized environment. The only other option for me would be to secure space to centralize these functions for all of the contracting entities. It would seem inappropriate and possibly illegal for an elections consultant to do that. Contracts for Election Supplies and Services The county election departments have annual contracts in place for: ^ Various forms of assistance from voting system vendors. For example, Dallas County has an annual contract with ES&S for providing on-site support, equipment maintenance, election coding and leasing of election equipment. ^ Ballot printing contracts. ^ Election supply contracts ^ Voting equipment delivery contracts Comments - Even if the county can't contract with the cities/schools for all election services, it makes no sense to me why they can't make these services available through an election services contract. The county has better pricing because of the frequency and quantities that they order on an annual basis and they have a priority status in getting these items and services. Access to Skilled Election Personnel County election departments have access to highly trained full time and part time staff that do nothing but election related functions. Legally the services provided by full time county election department personnel during regular work hours can not be charged back in a joint election contract. These personnel are used to the nuances of the various elections especially those that apply to city/school district joint elections. Comments - Cities and school districts that choose to bring their elections in- house verses contracting with the county for election services will face significant challenges in bringing their staff up to the election related knowledge level of the election department staff. Additional staffing will lil<ely be needed to compensate for the loss of available full time county staff during joint elections. Access to Election Databases Over the years, county election departments have developed very sophisticated databases for use in conducting elections. These databases include: ^ Payroll databases for submitting payments to election workers that perform services in all areas of elections administration. For example, election judges and clerks, support staff, technicians, ballot board and signature verification committee members, extra help, etc... ^ Election worker databases for identifying, communicating, confirming service and historical record keeping of election judges, clerks including bi- lingual clerks, early voting workers, ballot board, technicians, etc... ^ Polling Place databases for identifying, communicating, confirming availability, historical record I<eeping and cost of use and emergency contact information in case of a problem with the facility. ^ Ability to pull information from multiple databases to generate specialized reports to be used for election planning and analysis, Justice Department submissions, pollworker training, voting equipment delivery, demographics and election district information pertaining to voting precincts, etc... ^ Voter registration and early voting/mail balloting databases used for generating pollbooks, early voting rosters, mail ballot manifest, etc... Comment - Access to these databases is extremely important for the successful conduct of an election. Cities and school districts that choose to conduct their own elections in-house must have access to the data contained in these databases or develop databases containing this type of information and functionality. The databases maintained by the county took years to develop. The establishment of a payroll system for election worl<ers could prove to be one of the biggest challenges. These are some the "Big Ticket Challenges" that I can identify regarding pulling out of the county held May even-year joint election. I feel they are so significant that I encourage everyone that chooses to still hold their elections in May 2012 to ask your county to reconsider their position (if they are still saying they can't do it). This option may require the county to hire more worl<ers or incur overtime pay that can be charged back to the entities. It also may require leasing additional equipment or adjusting the quantity of units provided for the elections. I am sure there will have to be some give and tal<e on both sides but in my opinion it is the best solution for all. I am shocl<ed that there wasn't a better solution to address the problems identified in SB100. I know I am playing a"side line quarterback" but creating a separate uniform election date for cities and schools would have seemed a better for everyone - including the voters. Another option might have been to extend the period for receiving overseas ballots. In conclusion, I am hopeful that the county will be able to provide election assistance in most, if not all, of the above areas. I would be pleased to discuss any of my services that you feel would be of assistance to your jurisdiction. Bruce Sherbet bsherbet@sbc~lobal.net City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 08/02/2011 Controlling Body: City Council Requester: Office of the City Manager Agenda No.: PC-3 File Name: Update and discussion of residential recycling program Final Action: Attachments: IESI Residential Recycling Public Education Plan.pdf • Proposed Recycle Route Split.pdf • Presentation - Residential Recycling.pdf History of Legislative File Version: Date: Acting Body: Action Text: 08/02/2011 City Council Title Update and discussion of residential recycling program Explanation IESI currently provides a residential recycling program consisting of 18 gallon bins that are picked up once per week. There is no restriction of the number of bins residents use . Colleyville residents recycle approximately 40 pounds of materials per home per month. City staff has received multiple inquiries from residents as to the availability of larger recycling receptacles. The inquiries coupled with the fact that Strategic Point 5: Brand Colleyville with a Unique Identity includes a goal of assuming "the mantle of environmental leadership in Tarrant County", has led to staff exploring options to enhance the City's residential recycling program. Increasing the amount of recycling (and thus reducing landfill material) benefits Colleyville residents both economically and environmentally. Since a portion of IESI's annual rate change request is tied to landfill disposal costs, and those costs are directly related to the amount of material disposed, an increase in recycling will help reduce landfill material and the need for future rate increases. While residents are allowed to use as many 18 gallon recycling bins as they would like under the current recycling program, many homes are either unaware of this or find multiple bins to be an inconvenience. In these situations, residents end up putting recyclable material in the trash after their initial 18 gallon recycling bin is full. In a participation audit conducted by IESI during the week of May 8, 2011, 74% of the homes in Colleyville put out at least one 18 gallon recycling bin. This very high participation rate, coupled with the fact that recycling tonnage per month in Colleyville has essentially plateaued, indicates that increasing the volume of recycling will require an increase in the size of the recycling receptacles. City of Colleyville Page 1 Printed on 7/29/2011 Aaenda Briefinp Continued After a Pre Council presentation on July 5, 2011, staff was directed by City Council to continue negotiations with IESI and return with a proposed plan for a city-wide transition to 65 gallon rolling carts for recycling. If the City chooses to implement a 65 gallon rolling cart recycling program, staff would recommend starting the program on Novembe r 1, 2011. Details of the program, how it will be implemented, and how it will impact citizens are provided below: • A city-wide transition to 65 gallon rolling carts for recycling will require $1.15 increase per month for all residential customers. This increase takes into account the cost of a new automated recycling truck as well as the purchase of 65 gallon rolling carts for all residential customers, but is offset by increased labor efficiency, an assumed decrease in landfill material and increase in recycling commodity. All residents would receive the $1.15 increase whether they choose to participate in the recycling program or not. One 65 gallon rolling cart would be delivered to each residential home in Colleyville by IESI, and beginning November 1, 2011 only material contained within that 65 gallon cart would be picked up by IESI. IESI will also make arrangements to collect any unwanted 18 gallon recycling bins from residents. • If City Council chooses to implement a city-wide 65 gallon rolling cart recycling program, IESI has agreed to postpone their annual rate increase for trash service to November 1, 2011. The total impact to citizens would be $1.62 increase ($0.47 for trash and $1.15 for recycling) per month beginning November 1, 2011. If the City chooses not to implement a city-wide 65 gallon rolling cart recycling program, IESI has requested that the $0.47 increase be implemented September 1, 2011 per the current contract terms. • The City is currently in year four of a five-year contract with IESI. The contract is an exclusive contract written for a five-year period September 1, 2007 through August 31, 2012, with an option to renew for an additional five-year period terminating August 31, 2017. The contract explicitly states that, "If the City finds the performance of the Contractor to be acceptable, this Contract will automatically renew under the same terms and conditions for an additional five (5) year period, terminating August 31, 2017." IESI has requested that if the City chooses to implement a city-wide 65 gallon rolling cart recycling program, the current contract be renewed for the additional five year period upon implementation of the program, thus making the new termination date October 31, 2016. As part of this contract extension, IESI will agree to no adjustment to residentia/ rates until November 1, 2013. • IESI is developing a plan whereby they will offer the City a quarterly rebate if the enhanced recycling program generates in excess of 65 pounds per home per month for a quarter. This represents an increase of approximately 57% over the City's most recent quarter of recycling. • IESI has committed to contribute $5,000 toward a marketing/public information campaign to promote the roll-out of a city-wide 65 gallon rolling cart recycling program. City staff has included a proposed public education plan as an attachment City of Colleyville Page 2 Printed on 7/29/2011 Aaenda Briefinp Continued following this briefing. • IESI has also offered to provide a buy-up option to a 95 gallon rolling cart for recycling for any resident who would like the larger size cart. The 95 gallon rolling cart for recycling would incur an additional $0.15 per month charge, making the total increase $1.30 per month for those residential customers who request it. • In order to accommodate a city-wide 65 gallon cart recycling program, IESI will be purchasing a fully automated truck to service those carts. In order to service the entire city with one automated truck, Colleyville would need to be segmented into four quadrants instead of the current 50/50 configuration for recycling. In this configuration, half of the city would have trash service on Monday and Thursday (with one of those days designated as a recycling day) and the other half of the city would receive trash service on Tuesday and Friday (with one of those days designated as a recycling day). A map showing the proposed configuration of this quadrant approach has been attached. Since the Pre Council presentation on July 5, 2011, staff has conducted a very informal poll of residents to gauge their interest in a 65 gallon rolling cart recycling program. An 18 gallon recycling bin and a 65 gallon rolling recycling cart were displayed in the Utility Billing office and residents were asked to indicate their preference as they stopped in to pay their utility bill or conduct other business. In the two week period that ensued, 118 residents indicated their preference with 70% of them in favor of a 65 gallon rolling cart recycling program and 30% indicating their desire to maintain the current 18 gallon recycling bin program. The primary concern voiced by those residents who are opposed to a 65 gallon rolling cart recycling program is that the carts might be too large to fit in garages and /or could be difficult to maneuver. An alternative to a city-wide program has been offered by IESI that would provide a voluntary option for residents to upgrade to the 65 gallon rolling cart for recycling if they so desired. The voluntary program would require an increase of $1.75 per month to only those residents who choose the 65 gallon rolling cart option. City staff would promote this option and provide convenient methods for residents to request a 65 gallon rolling cart for their recycling. IESI would deliver the cart to the resident's home and service it in the same manner they are currently servicing the 18 gallon recycling bins. Those residents who are satisfied with the current service or who choose not to participate in residential recycling would not be affected. IESI has proposed that even if the City were to choose this voluntary option, the 65 gallon rolling carts present a significant enough capital investment that they would request a coinciding five year contract extension. Staff seeks final direction from City Council on whether to pursue implementation of a city-wide 65 gallon rolling cart recycling program as outlined above starting November 1, 2011. If so directed, staff will bring forward a resolution at a future City Council meeting with the $0.47 trash rate increase, the $1.15 recycling increase and the contract extension. City of Colleyville Page 3 Printed on 7/29/2011 G~~ Y aF !.k C~LLEYVILLE T~x~s IESI Residential Recycling Public Education Plan Purpose of the Public Education Plan The new IESI refuse contract includes elements that will have an impact on the people of Colleyville. The public education plan is designed as a proactive approach to inform and educate the public about changes in the recycling program and subsequent rate increase, using all the mediums and communication channels available. Its objective is to avoid, as much as possible, any misunderstanding or inconvenience on the part of citizens and to enhance the public's perception of the services provided. Contract Parameters ' New pick-up dates if applicable ' Recycling option or options. ' Rate Public Education Timeframe The city has identified November 1(or any date identified by the Colleyville City Council) as the effective date of IESI's rate increase and the start date for any new recycling option(s) for residents. The public education campaign will be conducted in the weeks leading up to that date. All collateral and promotional materials will outline the contract parameters and the option(s) being provided to citizens. (All dates and schedules are based on a November 1 start date but can be adjusted if that date changes.) Colleyville.com Information about the new rate and recycling option(s), including an FAQ section, will be posted on the front page of the city's website. Colleyville Communicator/E-Communicator A feature article about the new rate and recycling option(s), will be included in the October Communicator and E-Communicator. E-Communicator Special Edition A special edition of the E-Communicator will be sent to the e-subscriber list with full details on the rate and recycling options. Public Education Plan Page 2 News Release A news release providing information about the new contract, recycling options, and rate increase will be issued following a decision by the City Council. City Cable Channel 16 A notice about the effective date of the contract, rate, and recycle option(s) will be posted to the city's cable channel. Citizens will be directed to the city's website, bill insert (newsletter),or city office. Direct Mail (optional) A direct mailing regarding the new contract, rates, and recycle option(s) will be sent to all Colleyville postal addresses and post office boxes. Advertising - Colleyville Courier (optional) Appropriate advertising will be placed in the Colleyville Courier in the two weeks prior to the start of the contract. Public Displays Displays of the new recycling cart will be located in City Hall and the Colleyville Public Library with appropriate collateral material. Video (optional) An educational video will be developed about the new rate and recycling option(s) for replay on the city's website, YouTube channel, and city Facebook page. Colleyville HOA Organizations The city will provide information to all Colleyville HOAs in a format that can be emailed to the respective HOA membership or included in HOA newsletters. Schedule (dates are subject to change pending the start date of rate and service changes) September 7 News Release Colleyvil le.com/Facebook City Cable September 8 E-Communicator special edition sent to subscriber list September 9 Public displays up Information sent to Colleyville HOAs September 19 Direct mail sent to Colleyville postal addresses and post boxes October 1 October Communicator to printer October 3 E-Communicator sent to subscriber list October 4 Colleyville Courier ad insert Video launches on Colleyville.com, city Facebook, YouTube Proposed Colleyville Recycle Split (Monday-Thursday vs Tuesday-Friday) est. 2 4~ _ _ ~t~~ - Keller 7 y u v- ~w .~.tiwr~~~.c ~ ..u ~ ~ S 4.' 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Tale Atl~s and Tole Atlas Nprih America ~re trademarks of Tele Atlas, Inc ~ 2~05 hy AppEiod Geographic Systems. All rlghts reserved. ~ ~ ~ es ~ e n ~ a ec c ~ n City-wide Tra nsition to 65 Ga I lon Rol I i ng Ca rts • Effective November 1, 2011 • $1.15 increase in recycling • $0.47 increase in trash - Effective November 1 with City-wide recycling - Effective September 1 with no City-wide recycling • IESI will coordinate collection of 18 gallon bins and delivery of 65 gallon carts Ltz~ ~ CoLL~~.~ rr~,~ti' 5 Year Contract Extension • Currently in year 4 of a 5 year contract - Capital investment by IESI in a new recycle program would require early contract extension - Extension would terminate October 31, 2016 - No residential increase until November 1, 2013 - Additional 5 year extension from November 1, 2016 to October 31, 2021 would be at the City's discretion • Contract will automatically renew with ~~acceptable" performance for an additional 5 years as of September 1, 2012 with no change to recycling program Ltz~ ~ CoLL~~.~ rr~,~ti' Quarterly Rebate • Quarterly rebate if the program generates in excess of 65 pounds of recycleables per month per home - Last quarter Colleyville generated 41.5 pounds per month per home - Rebate would require approximately 57% increase in recycling - IESI is expecting a minimum of 65 pounds per home -$25 per ton for every ton of recycling generated in excess of 65 pounds per month per home Ltz~ ~ CoLL~~.~ rr~,~ti' Public Education Campaign • IESI to contribute $5,000 toward public education campaign • Multiple avenues - Colleyville.com - Colleyville Communicator (Utility Bill Insert) - News Release - Direct Mail - H OA's Ltz~ ~ CoLL~~.~ rr~,~ti' 95 Gallon Buy-Up Option • IESI will provide the option to request a 95 gallon ca rt if so d i rected -$0.15 per month extra for 95 gallon cart Ltz~ ~ CoLL~~.~ rr~,~ti' '~ q i3 0 ^y U ~ +~c ~O~y` Cl • nz~? ~7[V ~ ~ m~ n ~ ~ O ~ O ~ ~ a z r~ ~ ~v 0 _ ~ r~ ~ ~ ~ r. r l ~ _ ~ , ~~: . ~ ~ Citizen Feedback • Informal Poll - 82 in favor of 65 gallon cart - 36 in favor of 18 gallon bin • Primary concern is size/maneuverability of 65 gallon cart - 18 gallon bin: 25.25" X 17.6" X 13.5" - 65 gallon cart: 28.11" X 26.7" X 40.5" Ltz~ ~ CoLL~~.~ rr~,~ti' City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 08/02/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Secretary File Name: Discussion of the August 2, 2011, City Council meeting regular agenda items Attach ments: History of Legislative File Version: Date: Acting Body: Action Text: 1 08/02/2011 City Council Title Discussion of the August 2, 2011, City Council meeting regular agenda items City of Colleyville Page 1 Printed on 7/29/2011 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Executive Session Version: 1 Agenda Date: 08/02/2011 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session - Legal - August 2, 2011 Attach ments: History of Legislative File Status: Executive Session Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 08/02/2011 City Council Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand City of Colleyville Page 1 Printed on 7/29/2011 RESOLUTION R-11-3385 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF AUGUST 2, 2011 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Announcements, Proclamations and Presentations Version: 1 Agenda Date: 08/02/2011 Requester: Office of the City Agenda No.: 3 Secretary File Name: Announcements, Proclamations and Presentations Attachments: History of Legislative File Status: Announcements, Proclamations and Presentations Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 08/02/2011 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Government Finance Officers Association (GFOA) Distinguished Budget Presentation award - Mayor David Kelly, Assistant City Manager and Chief Financial Officer Terry Leake, Finance Manager Karen Hines and Strategic Services Manager Eric Ellwanger City of Colleyville Page 1 Printed on 7/29/2011 RESOLUTION R-11-3386 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF AUGUST 2, 2011 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of July 19, 2011 b. Approval of a change order for the construction contract with Champion Utility Construction for the Colleyville Boulevard (SH26) Utility Relocation Project, in the amount of $32,574.42, and authorize the city manager to execute the change order c. Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2011, in the amount of $42,450 d. Approval and adoption of the 2011 certified tax roll AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor City of Colleyville Minutes CI~/ COUIICII Tuesday, July 19, 2011 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com CITY COUNCIL CHAMBERS The Pre Council meeting of the City Council was called to order by Mayor David Kelly on July 19, 2011, at 5:31 p.m. Mayor Kelly introduced and welcomed Public Works Director Bob Lowry. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Interim Police Chief David James, Fire Chief Russell Shelley, Police Lieutenant Rodney Cunningham, Police Lieutenant Hillary Wreay, Public Works Director Bob Lowry, Community Development Director Ron Ruthven, Library Director Mary Rodne, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Utility Superintendent Ken Tywater, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Tom Hart was absent. PC-1 Discussion of Intermedix Ambulance Billing Fire Chief Russell Shelley stated the City began contracting with Intermedix in October 2005 to handle all phases of inedical records storage, state reporting and ambulance billing for all patients treated and/or transported by the City of Colleyville ambulance. Chief Shelley further stated Intermedix requested a written document from the City Council that clearly outlines all desired ambulance biling processes in the areas of in-district and out-of-district patient classifications, use of collection agencies, billing write offs and reporting of delinquent accounts to the three primary credit bureaus. Chief Shelley stated the definition of a citizen, for ambulance billing purposes, is a Colleyville resident or a citizen of a neighboring community that utilizes Intermedix, which includes the cities of Bedford, Grapevine, Southlake, Keller, Euless and North Richland Hills and outlined the Intermedix billing practices for citizens and non-citizens. City of Colleyville Page 1 Printed on 7/29/2011 City Council Minutes July 19,2011 Discussion ensued regarding the billing practices of surrounding cities, the ambulance billing collection percentages, non-citizen collections, Medicare billing procedures and the factors that impact neighboring city revenue collections. Chief Shelley provided information regarding the Intermedix fee structure and collection timeline and outlined options related to Intermedix ambulance billing procedures, which includes retaining current practices, adding balance billing for citizens; removing balance billing of non-citizens; increasing or decreasing time period accounts are in collections; reporting to credit bureaus, and removing neighboring citizen practice and treating as non-citizens. City Council determined an item should be placed on a future City Council agenda to consider ambulance billing processes and include the requirement to report delinquent accounts to credit bureaus for non-citizens. PC-2 Presentation of the Vial of Life Program Battalion Chief Mark Cantrell stated the Vial of senior citizens with a medical information sheet, an identification decal to place on the refrigerator residence to alert first responders that important available, should the senior citizen be incapacitate their arrival. Life program provides storage container and and the door to their medical information is ~ or unconscious upon Battalion Chief Cantrell further stated the program will be launched in late July 2011 through the Colleyville Senior Center events and local physicians and dentists. The Colleyville Fire Academy Alumni Association will fund the decals and storage containers and alumni members will assist in promoting the program. Battalion Chief Cantrell announced the program is available to citizens of any age. Councilmember Muhm requested staff determine if citizens enrolled in the program can be identified by police dispatch and suggested staff research U-line.com for supplies for the Vial of Life Program. PC-3 Discussion of the Guidelines and Criteria for Economic Development Incentives Economic Development Director Marty Wieder provided information regarding the recently adopted Matching Grant Program portion of the City of Colleyville Texas Economic Development Incentive Guidelines City of Colleyville Page 2 Printed on 7/29/2011 City Council Minutes July 19,2011 and Criteria and stated this item provides an opportunity to discuss possible modifications to the Matching Grant Program, which includes defining a destination restaurant or retailer; increasing the level of investment for interior tenant improvements from $5,000 to a minimum of $30,000; matching grant payout schedule to allow applicants to illustrate economic viability prior to grant payments and a new Forgivable Loan Program. Discussion ensued regarding development trends in the community, the amount allowed for forgivable loans and the disbursement of funds schedule for qualifying matching grants. Director Wieder stated an item will be placed on a future agenda for City Council consideration of the proposed changes. PC-4 Discussion of setting a date for a Joint Worksession with City Council , the Planning and Zoning Commission and the Architectural Review Commission to discuss potential amendments to the City's building design standards City Council determined a Joint City Council, Planning and Zoning Commission and Architectural Review Commission worksession regarding the City's building design standards will be held Wednesday, September 14, 2011, at 6:00 p.m. at the Colleyville Public Library. PC,5 Update on the City's water conservation program Public Works Director Bob Lowry provided an update on the City's water conservation program, public information efforts related to water conservation, the process for determining and declaring drought emergencies and answered questions of the City Council. Utility Superintendent Ken Tywater provided information regarding the status of the City's water storage tanks, the process for supplementing low water levels and water conservation programs of neighboring cities. PC-6 Presentation of the Monthly Financial Report - June 2011 Finance Manager Karen Hines presented the June 2011 Monthly Financial Report and answered questions of the City Council. PC-7 Discussion of the July 19, 2011, City Council meeting regular agenda items There was no discussion of the regular agenda items. City of Colleyville Page 3 Printed on 7/29/2011 City Council Minutes July 19, 2011 Mayor Kelly adjourned the Pre Council meeting at 6:48 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 19, 2011, at 6:49 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short and Mike Taylor were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Interim Police Chief David James, Fire Chief Russell Shelley, Police Lieutenant Rodney Cunningham, Public Works Director Bob Lowry, Community Development Director Ron Ruthven, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Utility Superintendent Ken Tywater, Information Services Manager Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Tom Hart was absent. 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 public hearing or action items on the agenda Section 551.071 - Legal - Discussion of pending litigation - Rahman Dzemail v. City of Colleyville, Texas, and Gwen Parker, Ronald McFadden, Todd Hildebrandt, Scotty Graves and David Mertz Section 551.071 - Legal - Discussion of pending litigation - Doug Huseman v. City of Colleyville Section 551.071 - Legal - Discussion of pending litigation - Raman Chandler Properties v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate and Section 551.087, Economic Development. He further explained that there would City of Colleyville Page 4 Printed on 7/29/2011 City Council Minutes July 19,2011 be no decisions made or action taken during this time. The meeting was recessed at 6:49 p.m. and reconvened at 7:37 p.m. INVOCATION: Councilmember Mike Taylor 2 3 PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-11-3379 This resolution was not needed. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Wollin invited citizens to see the United Freestyle Stunt Team show, which features high-flying, extreme stunts on 20" bicycles using box jumps and vertical ramps on Tuesday, July 26, 2011, at 6:30 p.m. in front of the Colleyville Public Library. The event is part of the library's summer reading program and is free to the public. Councilmember Muhm asked citizens to keep one of our own in our prayers, Marine Sergeant Johnnie Yellock, who was seriously injured in Iraq and is recovering in San Antonio, Texas. Sergeant Yellock is the son of Johnnie and Reagan Yellock of Colleyville. Mayor Kelly presented a Proclamation to Colby Bannister in recognition of earning one Gold, two Silver and two Bronze medals, as World Champion Gymnast, in the 2011 Special Olympics World Summer Games in Athens, Greece. Colby spoke regarding his experience in Athens and stated he competed for his caring friends and supportive family members and expressed appreciation for the honor of representing TEAM USA. Mayor Kelly congratulated Colby and spoke regarding Colby's achievements, inspiring speeches and representing the United States. Mayor Kelly and Economic Development Director Marty Wieder recognized Lola's Libations and Angie Losack, Director of Sales and Henley Johnson, Director of Marketing. City of Colleyville Page 5 Printed on 7/29/2011 City Council Minutes July 19, 2011 Ms. Losack spoke regarding the company's premium beverage mixers, marketing efforts and the success and popularity of the product. Ms. Johnson spoke regarding the company's support of local charities. Mayor Kelly welcomed Lola's Libations to the Colleyville business community and wished the business continued success. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3380 4a Approval of the minutes of the regular City Council meeting of June 21, 2011 4b Approval of the minutes of the regular City Council meeting of July 5, 2011 Mayor Kelly read Resolution R-11-3380 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-11-3380. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Absent: 1 - Tom Hart 5. ORDINANCE(S) FIRST READING AND PUBLIC HEARING 5a 0-11-1799 Approval of a request for a Special Use Permit for on-premise alcoholic beverages sales on Lot 2A, Block 1, of the Market Addition located at 5003 Colleyville Boulevard, Case ZC11-012 Mayor Kelly read the caption of Ordinance 0-11-1799. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit to allow alcoholic beverage sales for on-premise consumption at 5003 Colleyville Boulevard and stated the City of Colleyville Page 6 Printed on 7/29/2011 City Council Minutes July 19, 2011 Planning and Zoning Commission recommended approval and staff recommends approval with the provisions stated in the proposed ordinance. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Director Ruthven provided information regarding the hours of operation for on-premise consumption of alcohol, the 60 percent food versus 40 percent maximum alcohol sales requirement as prescribed in the Code of Ordinances and the building design score. Mr. Tom Aikens, 500 Dartmoore, applicant, spoke regarding the building design, customer parking accommodations, restaurant menu and restaurant and catering experience, and stated the projected opening date is late August or early September. Mayor Kelly requested the Special Use Permit to allow alcoholic beverage sales for on-premise consumption be tied to the applicant and the name of the business. 6 6a RESOLUTION(S): READING AND PUBLIC HEARING R-11-3381 Approval to replace Resolution R-04-2352 establishing a Citywide Donation Policy Mayor Kelly read Resolution R-11-3381 in its entirety. City Secretary Cynthia Singleton stated the City Council approved a Citywide Donation Policy in 2004 to provide consistent and uniform guidelines to the City and provide the donor knowledge of the policies under which a donations is given and accepted. Ms. Singleton outlined the proposed modifications to the Donation Policy include exempting donations from the Colleyville Citizen's Police Academy (CPA) Alumni Association and the Colleyville Citizen's Fire Academy (CFA) Alumni Association, donations $2,500 and less; monetary donations and services-in-kind provided to City of Colleyville sponsored events from the Policy; and consideration to accept items on a loan basis with the approval of the city manager and include the value of the donation on the Donation and Transfer of Title form. Mayor Kelly opened the public hearing. City of Colleyville Page 7 Printed on 7/29/2011 City Council Minutes July 19, 2011 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly stated the Friends of the Colleyville Public Library and the Colleyville Public Library Foundation exist solely for the purpose of supporting the library and are exempt from the policy and City Council is considering the exemption of the CPA and CFA Alumni Associations, which support the Police and Fire Departments. Councilmember Wollin moved to approve Resolution R-11-3381, with an amendment to the Donation Policy to report donations $1,000 and above to the City Council on a quarterly basis. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Absent: 1 - Tom Hart 6b R-11-3382 Approval of a Professional Service Agreement with Kimley-Horn Associates, Inc., for Impact Fee Updates, in an amount not to exceed $85,000, and authorize the city manager to execute the contract Mayor Kelly read Resolution R-11-3382 in its entirety. Community Development Director Ron Ruthven stated Chapter 395 of the Texas Local Government Code provides the statutory authority for municipalities to collect water, sewer and roadway impact fees to pay for the expansion of major public facilities due to the additional demands on these systems generated by new developments. Colleyville began collecting roadway and water impact fees in 1990 and added sewer impact fees in 1995. Texas law requires communities, which collect impact fees, to update the related water, sewer and roadway impact fee analysis and recalculate the applicable fee schedules every five years. The City contracted with Kimley-Horn and Associates, Inc. in 2006 for the update and recommends Kimley-Horn and Associates, Inc., be retained to perform the 2011 update due to the firm's experience and knowledge of the City. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 8 Printed on 7/29/2011 City Council Minutes July 19, 2011 Discussion ensued regarding the Lavaca Trail and Murphy Road impact fee update, the content of the 2011 Impact Fee Update and the comparison of data and fees of the 2006 and 2011 updates. Mr. Jeff Whitaker, Kimley-Horn and Associates, Inc. representative, provided information regarding the process for obtaining and type of information included in the development of the Impact Fee Update, the scope of work and project timeline, and stated the purpose of the impact fee update is to calculate the maximum fee by law that can be collected for a particular development. Councilmember Taylor spoke regarding legislation that led to the requirement for the update related to the water, sewer and roadway impact fees analysis. Mayor Kelly moved to approve Resolution R-11-3382. Councilmember Taylor seconded the motion. Discussion continued regarding funding the impact fee update, the calculation process for previous updates and a City Council orientation regarding an impact fee update development process The motion carried by the following vote: Aye: 5- David Kelly, Carol Wollin, Stan Hall, Jody Short, Mike Taylor Nay: 1 - Michael Muhm Absent: 1 - Tom Hart 6c R-11-3383 Approval of bid award for health, dental, long-term disability insurance and life and accidental death and dismemberment insurance to Aetna and voluntary vision insurance to Block Vision and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-11-3383 in its entirety. Assistant City Manager and Chief Financial Officer Terry Leake provided an overview of the health, dental basic life and accidental death and dismemberment (AD&D) insurance, long term disability insurance and the optional employee paid vision plan insurance bid results. Ms. Leake spoke regarding the employee wellness initiative, reviewed the insurance subsidy levels related to the Tier structure and stated the proposed plan cost is less than Fiscal Year 2011. Ms. Leake further stated retaining Aetna as a health insurance carrier builds the City's experience modifier City of Colleyville Page 9 Printed on 7/29/2011 City Council Minutes July 19,2011 for next year's Aetna rerate. Ms. Leake introduced Utility Superintendent Ken Tywater, a member of the Wellness and Benefits Committee. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the percentage of employees participating in the medical screening process, screening schedule options, difference in employee insurance cost per Tier structure and efforts to encourage 100% participation in the wellness program. City Manager Jennifer Fadden stated employees had the option of visiting their own physician and the screening results were submitted to Cooper Corporate Solutions. City Manager Jennifer Fadden stated the savings to the City is a result of the tier structure; of the $116,000 that is being saved in medical insurance cost, only about $40,000 is attributable to the rate reduction to Aetna. The remaining savings is due primarily to tiering our employee's subsidy levels resulting in a positive financial impact to the City. Mayor Kelly expressed appreciation to the Wellness and Benefits Committee for the time and analysis of the insurance bids and efforts to reduce healthcare costs. Discussion continued regarding out of network and out of pocket insurance expenses. Mr. Lewis Cochius, Cooper Corporate Solutions, spoke regarding the Blue Cross Blue Shield in and out of network fee structure and answered questions of the City Council. Mayor Kelly moved to approve Resolution R-11-3383. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Absent: 1 - Tom Hart City of Colleyville Page 10 Printed on 7/29/2011 City Council Minutes July 19, 2011 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. Councilmember Taylor requested reconsideration of Consent Item 4b, Approval of the minutes of the regular City Council meeting of July 5, 2011. Mayor Kelly opened the floor for reconsideration of Consent Item 4b, Approval of the minutes of the regular City Council meeting of July 5, 2011. Councilmember Taylor made a friendly amendment to amend the July 5, 2011 City Council minutes, Item PC-2, as follows: City Council determined an item should be placed on a future agenda for consideration of the proposed rate increase, the Citywide recycling program and the renegotiation of the five year contract with IESI. Councilmember Wollin and Mayor Kelly accepted the friendly amendment. The motion carried by the following vote: Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Absent: 1 - Tom Hart 8. REPORTS: Planning and Zoning Commission Minutes - May 9, 2011 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OFJULY 19, 2011 - Reading and Public Hearing - Resolution R-11-3384 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Short moved to adjourn and Councilmember Hall seconded the motion. City of Colleyville Page 11 Printed on 7/29/2011 City Council Minutes The motion carried by the following vote: July 19, 2011 Aye: 6- David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Absent: 1 - Tom Hart Mayor Kelly adjourned the City Council meeting at 9:13 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 12 Printed on 7/29/2011 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Engineering Department Agenda Date: 08/02/2011 Controlling Body: City Council Final Action: Agenda No.: 4b File Name: Approval of a change order for the construction contract with Champion Utility Construction for the Colleyville Boulevard (SH26) Utility Relocation Project, in the amount of $32,574.42, and authorize the city manager to execute the change order Attachments: TxDOT correspondence dated July 14, 2011 • Change Order #2 History of Legislative File Version: Date: Acting Body: Action Text: 1 08/02/2011 City Council Title Approval of a change order for the construction contract with Champion Utility Construction for the Colleyville Boulevard (SH26) Utility Relocation Project, in the amount of $32,574.42, and authorize the city manager to execute the change order Explanation Reading and Public Hearing The Texas Department of Transportation (TxDOT) requires that all City water and sanitary sewer lines and all franchise utilities be relocated from existing locations that conflict with the future Colleyville Boulevard (SH26) reconstruction. The new locations for these utilities will be either in the future Colleyville Boulevard (SH26) parkway or in easements outside of the proposed right-of-way, as no existing utilities will be allowed under the future pavement. This requirement will allow the highway to remain undisturbed in the event of a repair or routine maintenance on a City or franchise utility. The construction contract with Champion Utility Construction includes the water relocations for the first phase of the road construction, which includes the northern city limit to just south of the John McCain Road and Colleyville Boulevard (SH26) intersection. The utility relocations require moving and replacing existing waterlines and adding a new 10 inch waterline along the western portion of Colleyville Boulevard (SH26). Bids for this project were received and opened by staff on March 24, 2011. A total of 13 bids were received with Champion Utility Construction, LLC, being the low bid, in the amount of $196,893. City Council approved the construction contract with Champion Utility Construction on April 19, 2011 for an amount not to exceed $236,271.60, which included a 20 percent contingency ($39,378.60). Construction is underway and is expected to be City of Colleyville Page 1 Printed on 7/29/2011 Aaenda Briefinp Continued completed in August 2011. During construction of the waterlines, an existing fire vault was located within the new right-of-way that was not accounted for in the right-of-way purchase by TxDOT. Fire vaults are typically identified during the right-of-way acquisition, and compensation is negotiated, for the property owner to relocate to the new property line. This was not the case at this particular location and the vault was not identified in the acquisition agreement. It is therefore, TxDOT's responsibility to relocate the fire vault to its new location. In order to limit the delays of this acquisition oversight, TxDOT is proposing that Champion Utility Construction, LLC, relocate the fire vault as part of the City's construction project and TxDOT will reimburse the City for all associated costs. This arrangement will allow the project to remain on schedule. The contractor has provided all of the necessary pricing information. As a result of this arrangement, a change order is necessary to modify the existing contract . In keeping with standard operating procedure, any change order request exceeding $25,000 requires approval by the City Council. The proposed change order is in the amount of $32,574.42, which is within the available contingency funds for the project and will be reimbursed by TxDOT upon completion of the work. There has been one previous change order for this project that resulted in an expense of $5,022.82 of the available contingency funds. There remains $34,355.78 in unallocated contingency funds. The project is nearing completion and staff does not foresee any additional change orders necessary to complete the project. Financial Impact It has been determined that funds are available in the contingency funds for this project and the associated costs will be reimbursed by TxDOT upon completion of the work. Recommendation Approval City of Colleyville Page 2 Printed on 7/29/2011 Texas Department of Transportation P.O. BOX 6868 • FORT WORTH, TEXAS 76115-0868 •(817) 370-6500 July 14, 2011 Tarrant county SH 26 CSJ 0363-01-123 Parcel 156/X Mr. Jeremy Hutt, P.E., CFM City of Colleyville Engineering 100 Main Street 2nd Floor, City Hall Colleyville, Texas 76034 RE: Fire Vault located at 7101 Colleyville Blvd., City of Colleyville Dear Mr. Hutt: The Texas Department of Transportation, by issuance of this letter, hereby guarantees payment to the City of Colleyville for the actual cost of the removal and replacement of the aforementioned fue vault. Payment will include all items as described in Change Order No. 2, dated June 21, 2011 as issued by Champion Utility Construction, LLC to Jeremy Hutt, City of Colleyville. Additional change orders that are deemed necessary by Champion Udlity Construction, LLC and approved by the City of Colleyville Engineering are also eligible for payment. Payment shall be issued direct to the City of Colleyville upon completion of the described work and receipt of the unpaid invoice from Champion Utility Construction, LLC. Should you have questions or concerns regarding this matter, please contact Mr. John Baxter at (817) 370-6569. Sincerely, ~~~~%~-~2 Sheila Mills ROW Manager, NRSC SM/jb Attachment: copy of Change Order No. 2, Champion Utility Construction, LLC THE TEXAS PLAN REDUCE CONGESTION • ENHANCE SAFETY • EXPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY PRESERVE THE VALUE OF TRANSPORTATION ASSETS An Equal Opportunity Employer =~c~u V 1,~ JUN 2 ~ Z011 , Ct~arnpion Ut~' r~y Construction, LLC T13-B Tower Lane, McKinney, Texes 75089 P#eone (469) 952-2426 Fax (4g8) 952-244p CHANG~ ORDER & Replace Vsu/t DescHnN~n ~. - --- - kdd: ••c~r. ~ana m. uniL Extended 6" PVODRI4 & FlTTWGS 4" PVC DR14 & FlTTIN6S 50 I:f. $ 85_97 E 3~298.41 COCdCRET'E CURB 20 I.f. $ 45.11 $ 902.18 ... ... .. . ... ... _ _. _ _ . TESTJNG _ .. . _ _ . _ 16 . _ . .. . LF _ $ 18.92 ' ' a 302.72 4" FDC.RISER ~ ~ a 2 240.00 $ . ~•~ B" GATE VALVE 1 ea. $ 2,560.80 S 2,580.80 fi" DCDA VAULT 1 ea. S 933.90 a 933.90 CUT 8 PLUG IXtSTiN(3 6" LINE 1 ea. $ 15,021.60 a 15,U21.60 SPOlL HAUL .OFF 2 ea. a 312.40 $ 624,80 CONCRETE HAUL OFF 8, AUDITIONAL DUMP FEE 8 9 CY g 7.32 a 58.52 REM & RE?LACE SPEED BUMP . CY a 55.00 $ 495.00 QEMO 8 R~NlQVE pL VAULT 1 LS S 86.20 $ gg,20 R~M 8 REPLACE EX CONCRETE 1 ea. 3 1,394.80 S 1,394.8d Sutveyin 49 SY $ 67.01 $ 4,263.49 1 LS $ 450.00 S 450.00 Breakdvwn• Material S 15,315.00 subcontraaors 3 2,ss2.2o ~~ S 5,992.00 - ~ t S 4, ~ 18.00 Over Head 8 Profit S 3,267.Y1 Bonds (3% E 920.00 SubtOtdl: S 32,574.42 Total: S 32,s7a.a2 Number of Calendar Days Added to Contraci: 4 Note: Piease sign and fax back fo our office at (469) 952-2440 AooePted BY. Title: Change Order City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1090 Date: August 2, 2011 Owner: City of Colleyville Contractor: Champion Utility Const. Project name: Water Relocation for SH26 Change arder number: 2 Net amount of previous change orders: Total original contract amount plus or minus net change orders: Total amount of this change order: The new contract amount including this change order will be: The contract time will be changed by the following number of days: The date of completion as of the date of this change order is: $5,022.82 $201,915.82 $32,574.42 $234,490.24 ( 4 ) Days September 20, 2011 Contractor: Champion Utility Construction, LLC Company name 713-B Tower Lane Address McKinney, TX 75069 City, State, Zip Date Signature Owner: City of Colleyville Name 100 Main Street Address Colleyville, Tx 76034 City, State, Zip Date Signature The original contract sum was: $196,893.00 =~c~u V 1,~ JUN 2 ~ Z011 , Ct~arnpion Ut~' r~y Construction, LLC T13-B Tower Lane, McKinney, Texes 75089 P#eone (469) 952-2426 Fax (4g8) 952-244p CHANG~ ORDER & Replace Vsu/t DescHnN~n ~. - --- - kdd: ••c~r. ~ana m. uniL Extended 6" PVODRI4 & FlTTWGS 4" PVC DR14 & FlTTIN6S 50 I:f. $ 85_97 E 3~298.41 COCdCRET'E CURB 20 I.f. $ 45.11 $ 902.18 ... ... .. . ... ... _ _. _ _ . TESTJNG _ .. . _ _ . _ 16 . _ . .. . LF _ $ 18.92 ' ' a 302.72 4" FDC.RISER ~ ~ a 2 240.00 $ . ~•~ B" GATE VALVE 1 ea. $ 2,560.80 S 2,580.80 fi" DCDA VAULT 1 ea. S 933.90 a 933.90 CUT 8 PLUG IXtSTiN(3 6" LINE 1 ea. $ 15,021.60 a 15,U21.60 SPOlL HAUL .OFF 2 ea. a 312.40 $ 624,80 CONCRETE HAUL OFF 8, AUDITIONAL DUMP FEE 8 9 CY g 7.32 a 58.52 REM & RE?LACE SPEED BUMP . CY a 55.00 $ 495.00 QEMO 8 R~NlQVE pL VAULT 1 LS S 86.20 $ gg,20 R~M 8 REPLACE EX CONCRETE 1 ea. 3 1,394.80 S 1,394.8d Sutveyin 49 SY $ 67.01 $ 4,263.49 1 LS $ 450.00 S 450.00 Breakdvwn• Material S 15,315.00 subcontraaors 3 2,ss2.2o ~~ S 5,992.00 - ~ t S 4, ~ 18.00 Over Head 8 Profit S 3,267.Y1 Bonds (3% E 920.00 SubtOtdl: S 32,574.42 Total: S 32,s7a.a2 Number of Calendar Days Added to Contraci: 4 Note: Piease sign and fax back fo our office at (469) 952-2440 AooePted BY. Title: City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 08/02/2011 Controlling Body: City Council Requester: Finance Department Agenda No.: 4c Final Action: File Name: Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2011, in the amount of $42,450 Attachments: Audit Engagement Letter for Fiscal Year Ended September 30, 2011.pdf • 2010 Peer Revi ew. pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/02/2011 City Council Title Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2011, in the amount of $42,450 Explanation Reading and Public Hearing In May 2008, the City Council awarded the contract for auditing services to Pattillo, Brown and Hill, L.L.P., for a five-year term (Fiscal Years 2008-2012). The cost of auditing services for Fiscal Year 2011 is $42,450, as proposed for the fourth year of services in the original request for proposal. Prior to the City Council meeting, the Audit Committee met to discuss utilizing Pattillo, Brown and Hill, L.L.P. for the fiscal year ended September 30, 2011 audit. Financial Impact Funding for the annual audit is provided in the following budgets: General Fund (Finance), Utility Fund (Utility Billing), Drainage Utility Fund, Crime Control and Prevention District Fund, and Colleyville Economic Development Corporation Fund. Recommendation Approval City of Colleyville Page 1 Printed on 7/29/2011 ~~ PATTILLO, BROVVN & HILL,~,.~,.p. CER7IFIED PUBLIC ACCOUNTANTS ^ BU51NE55 GONSUtTANTS July 25, 2011 City of Colleyville, Texas Attention: Terry Leake 100 Main Street Colleyvilte, Texas 76034 We are pleased to confirm our understanding of the services we are to provide City of Colleyville, Texas for the year ended September 30, 2011. We will audit the financial statements of the governmental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which col~ectively corrrprise the basic financial statements of City of Colleyville, Texas as of and for the year ended Scptember 30, 2011. Accounting standards generally accepted zn the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement City of Colleyville, Texas' basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considez~s it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain lirnited procedures to City of Colleyville, Texas' RSI in accordance wzth auditing standards generally acce~ted in the United States of America. These ~irnited procedures wi11 consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with rnanagement's responses to our inquiries, the basic financial statements, and other knowiedge we obtained during our audit of the basic financial statements. We wi11 not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. The following RSI is required by generally accepted accounting principles and will be subjected to certa.in limited procedures, but will not be audited: 1) Management's Discussion and Analysis. We have also been engaged to report on supplementary information other than RSI that accompanies City of Colleyville, Texas' financial statements. We will subject tl~e following supplementary information to the auditing procedures applied in our audit of the fnancial staternents and certain additional procedures, including cornparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with auditing standards generally accepted in the United States of America and will provide an opinion on it in relation to the financial statements as a whole: 1) Combining and individual non-major fund financial statements and schedules. 401 WEST HIGH WAY 6~ P. O. BOX 20725 ~ WACO, TX 76702-0725 ~{254} 772-4901 ~ FAX: {254) 772-4920 ~ www.pbhcpa.com AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544-7778 ~ HILL5BOR0, TX (254) 582-2583 TEMPLE, TX (254) 791-3460 ^ WHIiT3EY, TX (254} 694-0600 i ALBUQUERQUE, NM (505) 266-5904 City of Colleyville, Texas July 25, 2011 Page 2 The following other information accompanying the financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will not provide an opinion or any assurance. 1) Introductory section. 2) Statistical section. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all rnaterial respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary infoz~naation referred to in the second paragraph when considered in relation to the financial staternents as a whole. Our audit will be conducted in accordance with auditing standards genera~ly accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of City of Colleyville, Texas and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report {that does not include an opinion) on internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a materfal effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of management, the body or individuals charged with governance, others within the entity, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that City of Colleyville, Texas is subject to an audit rec}uirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with goverriance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards rnay not satisfy the relevant legal, regulatory, or contractual requirements. Management Responsibilities Managernent is responsible for the basic financial statements and all accompanying information as well as all representations contained therein. As part of the audit, we will assist with preparation of your financial statements and related notes. You are responsible for making all management decisions and perforr~ning all management functions relating to the financial statements and related notes and for accepting full responsibility for such decisions. You will be required to acknowledge in the management representatzon letter our assistance with preparation of the financial statements and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. Further, you are required to designate an individual with suitable skill, knowledge, or experience to oversee any non-audit services we provide and for evaluating the adequacy and results of those services and accepting responsibility for them. City of Colleyville, Texas July 25, 20~1 Paga 3 Management is responsible for estab~ishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; for the selection and application of accounting principles; and for the fair presentatian in the financial statements of the respective financial position of the governrtiental activities, the business-type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information of the City of Colleyville, Texas and the respectzve changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is also responsible for making all financial records and related information available to us and for ensuring that management and financial information is reliable and properly recorded. Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncarrected misstatements aggregated by us during the current engagement and pertazning to the latest period presented aze irrur~aterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the governnient involving {1) management, {2) employees who have significant roles in internal control, and {3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the govemment received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts ar grant agreements, or abuse that we may report. You are responsible for the preparation of the supplementary information in conformity with U.S. generally accepted accounting principles. You agree to include our report an the supplementary infarmation in any document that contains and indicates that we have reported on the supplementary information. You also agree to include the audited financial statements with any presentation of the supplementary information that includes our report thereon. Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous financial audits, attestation engagements, performance audits or other studies related to the ob,~ectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective acYions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. Yau are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information. With regard to using the auditor's report, you understand that you rnust obtain our prior written consent to reproduce or use our report in bond offering official statements or other documents. With regard to the electronic dissemination of audited financial statements, including financial staternents published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the electronic site with the original document. City of Colleyville, Texas Jujy 25, 201t Page 4 Audit Procedures-General An audit includes examining, an a test basis, evidence supporting the amaunts and disclasures in the fina.ncial statements; therefare, aur audit will involve judgment about the number of tra.nsactians to be examined a.nd the areas to be tested. We wzll plan and pexform the audit ta obtain reasonable rather tha.n absolute assura,nce about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, {3} misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the endty or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. Because an audit is designed to pravide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. ~ addition, a.n audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and rnaterial effect on the financial statements. However, we will inform you of a.ny material errars and any fraudulent fina.ncial reporting or misappropriation of assets that come ta our attention. We will ~lso inform you of any violations of laws or governrnental regulations that corne to our attention, unless clearly inconsequential. Our responsibiIity as auditors is limited ta the period covered by our audit and does nat extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physic~l existence af inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about the financial statements and related matters. Audit Procedures~Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of f~rther audit procedures. Tests af controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are materia~ to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial staternents. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, according~y, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal cantrol related rnatters that are required to be communicated under AICPA professional standards and Government Audating Standards. City of Coileyville, Texas July 25, 2011 Page 5 Audit Procedures-~Compliance As part of obtaining reasonable assurance about whether the fnancial statements are free of material misstatement, we will perform tests of the City of Colleyville, Texas' compliance with the provisions of applicable laws, regulations, contracts, ag~reements, and grants. However, the objec#ive af our audit will not be to provide an opinion on overall compliance and we will not express such an opuuan in our report on compliance issued pursuan# to Governmertt Atsditing Standards. Engagement Admin~stration, Fees, and Other We understand that your employees will prepare all cash ar other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or cantaining privileged and confidential information, copies of our reports are to be made available for public inspectian. The audit docunaentation for this engagement is the properiy of Pattillo, Brawn & Hill, L.L.P. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to malce certain audit documentation available to a federal agency providing direct or indirect funding, ar the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, ar ta carry out oversight respansibilities. We will notify you of any such rec~uest. If requested, access to such audit documentatian will be provided nnder the supervision of Pattillo, Brown & Hill, L.L.P. personnel. Furthermore, upan rec}uest, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to athers, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the report release date or for any additional period rec}uested_ If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately October 31, 2011 and to issue our reports no later than January 24, 2012. John K. Manning is the engagement partner and is responsible for supervising the engagement and signing the reports or authorizing another individual to sign them. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.} except that we agree that our gross fee, including expenses, will not exceed $42,450. Our standard hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work prog~resses and are payable on presentation. In accordance with aur firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed ta ~ave been completed upon written notification of tersnination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation frosn your personnel and the assusnption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. City of Colleyville, Texas July 25, 20ii Page 6 Governrraent Auditing Starndards require that we provide you with a copy of our most recent external peer review report and any letter of comrnent, and any subsequent peer review reports and Ietters of comment received during the period of the contract. Our 2010 peer review letter of comment accompanies this letter. We appreciate the opportunity to be of service to the City of Colleyville, Texas and believe this letter accnrately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Pattillo, Brawn & Hill, L.L.P. ~ . ~~~~ John K. Manning, CPA JKM/ar RESPONSE: This letter correctly sets forth the understanding of the City of Co~leyville, Texas. By: Title: Date: EUBANK BETTS A ProfessionaE Limited Liability Company CERTIFIED PUBLIC ACCOUNTANTS 362U I-55 North, Suite 100 (392] 1) P.O. Hox 16090 Jackson, Ivlississippi 39236-6090 Te%phone 601-987-4300 Fas 601-987-4314 E-mail.~ firm~eubankbec[s.com We6site: wwrv.eu6ankherts.com SYSTEM REVIEW REPORT September 30, 2010 To the Partners Pattillo, Brown & Hill, L.L.P. and the AICPA National Peer Review Commattee We have reviewed the system of q~ality contral for the accounting and auditing pra~tice af Pattillo, Brown & Hill, L.L.P. (the firm) applica~le to nan-SEC issuers in effect far the year ended May 31, 2010. Our peer review was conducted in accordance with the Standards far Performing and Reporting on Peer Reviews established by the Peer Review Board of the Aznerican Tnstitute of Certified Public Accountants. The firm is responsible for designing a system af quality control and complying with it to provide the furn with reasonable assurance of performing and reporting in conformity with applicable professianal standards iin all material respects. Our responsibility is to express an opinion on the design of the system of quality control and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the pmcedures performed in a System Review are described in the standards at www.aicpa.or prsurnmarv. As required by the standards, engagements selected for review included engagements performed under GovernmentAuditing Standards and audits of employee benefit plans. In our opinion, the system of q~ality control for the accounti.ng and auditing practice of Pat~llo, Brown & Hiil, L.L.P. applicable to non-SEC issuers in effect for the year ended May 31, 2010, has been suita~ly designed and complied with to provide the firm with reasonable assurance of performing and reporting in confomuty with applicable profession~al standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) or fail. Patti~lo, Brown & Hill, L.L.P. has received a peer review rating ofpass. ~ EUBANK & BETTS, PLLC CPA Associacu Inrcrnationa~, inc., A Wor[dwide Necwork of Acmunceng Firms Amcrican fnstitute of Cerrified Puhlic Accvunr~nts • Mississippi Socicry of Cercified Pu61ic flcrnunranrs "~ ~*~~-~ City of Colleyville CityHall ~~ ~00~.~~ 100 Main Street ~~~ Colleyville, Texas 76034 ~ ~ Agenda Briefing 817. 503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 08/02/2011 Controlling Body: City Council Requester: Finance Department Agenda No.: 4d Final Action: File Name: Approval and adoption of the 2011 certified tax roll Attachments: 2011 Certified Tax Roll • City of Colleyville Notice of Effective Tax Rate - 2011.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/02/2011 City Council Title Approval and adoption of the 2011 certified tax roll Explanation Reading and Public Hearing On July 25, 2011, the Chief Appraiser of Tarrant Appraisal District certified the 2011 tax roll to be levied on October 1, 2011 (Fiscal Year 2012), in the amount of $3,619,758,546. This total excludes the value of properties currently under appeal to the Appraisal Review Board and incomplete appraisals, in the amount of $110,688,395 (minimum projected value). These two amounts total $3,730,446,941 in projected assessed valuation and are the totals that are used to calculate the effective tax rate. Included in this total are new construction values of $49,197,461. This represents a total decrease of 0.283% over the current year's valuation, and the value of existing property on the tax roll decreased 1.62%. The value for properties located outside of the Tax Increment Financing (TIF) district is $3,485,303,171 and the value for properties located in the TIF district is $245,416,770. Attached is the information received from Tarrant Appraisal District and the Notice of Effective Tax Rate. The calculated effective tax rate is $.376728 and the calculated debt rate is $.047088. Financial Impact These are the taxable assessed values used to calculate the effective tax rate for the Fiscal Year 2012 budget and will be used in the Fiscal Year 2012 ad valorem tax revenue projections. Recommendation Approval City of Colleyville Page 1 Printed on 7/29/2011 ~e~o,~~i zed f or E~cel~,~~,e ~~'~ll~" J[~~,~` ~ ~ ~~ ~ , ~ ~~~~ ~ ~~ ~ ~r~r.{i~~~~eftci~4~rt. ScJ~n~t~ tl7istrt:ct '~~r [~e~~e 3(172 Mu~;t~~~~ L~ri~+e C+ra~cvine. TX 7C~{]51 }i 17!?51-Sfr33 I~i~ ['KC) t3 4 71~#~ i- I?42 F'Ak H 17l~~ 1-)4~}0 J~.iiy 26, 2DI 1 ,, I, Calette Fra~zklin, Tax ~s~essc~r-Collector fc~r t}ie City ~f Graileyville, Tc.xas, submit tc~ th~ ~`ity ~c~ii~~cii the ~Q I 1,~~praisal I~c~II ~s ~wc~rn tr~ by Jeff Law, C~Zief !'~p}~raiser af th~. Tarra~~t C'ounty 1lppraisai District. Attacl~ed, herewjith, are ~~e a~~raisal rall vaQuatiati sununary ~heeis with hard enpie~ nf the ap~raisal roll availal~le f4r ins~ectian at 3472 Mustan~~ Drive, Grapevine, "Cexas 76~51. Tatal Ap~~•ais~:d ai~ci hssessed Val~ae ~:~,84f,Q9G,65S Less A.gricultural f3eferral and Exemptiari~ -?7~5.338. ] i79 I~ct ~I'axaL~lc $3,~I4,75$,546 l~lew +~onstructic~n $ 49,197,~61 (In~luded in net taxa~a[e) I Gei-tify an antici~ateci calls~~.tion ra~e af 100°la t~t~r the tax ycar 24l l. '~ his tnta~ percenta~e it~clucles ci~rrent t~xes, delin~~~er~t t~xes, rr~ll~ack ca~c~s, pen~lkies and intere:~t. -~tness my h~nc~ this ~~th d~y ai'~u~y 20l 1. r ~ ~" ' ~ ~ f~ fliette I'a•ara~cli~, xr~., c~~~~ Tax lLsscs~t~r-C€~[l~:ctor and Suhscr~bed to n~~ tl-~is 2bth day t~f,Iu1y 2D11. 1'~at•ary ~'ul~lic Si~nat~E~-e Cc~ur+ty State .;~Y ~, •. :1:=~. '~; ; ~nu~n aw~Ns ~:`'~~'°= n~~v cnr~~issaora Fx~jA~s ~~ ~~:'v,•,.:; ~ +4Pril ~3, 2014 ~;•°a=~srx-. . s~~ ~ ~~.. 1u]y 2i 2Ul I Cc:rit'sed I;nil-Cn~leyville 2011 Property TaY Rates in City of Colleyville This notice concerns the 2011 property tax rates for City of Colleyville. It presents information about three tax rates. Last year's tax rate is the actual tax rate the taxing unit used to determine property taxes last year. This year's effecrive tax rate would impose the same total taxes as last year if you compare properties taxed in both years. This year's rollback tax rate is the highest tax rate the taxing unit can set before taxpayers start rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate: Last year's operating taxes $10,088,666 Lastyear's debttaxes $1,977,186 Last year's total taxes $12,065,852 Last year's tax base $3,390,236,583 Last year's total tax rate $0.355900/$100 This year's effective tax rate: Lastyear's adjustedtaxes $11,194,296 (after subtracting taxes on lost property) = This year's adjusted tax base $3,066,584,313 (after subtracting value of new property) =This year's effective tax rate $0.365041/$100 This year's rollback tax rate: Last year's adjusted operating taxes (after subtracting taxes on lost property and adjusting for any $9,359,929 transferred function, tax increment financing, state criminal justice mandate, and/or enhanced indigent healthcare expenditures) = This year's adjusted tax base $3,066,584,313 =This year's effective operating rate $0.305223/$100 x 1.08=this year's maximum operating rate $0.329640/$100 + This year's debt rate $0.047088/$100 = This year's total rollback rate $0.376728/$100 Statement of Increase/Decrease If City of Colleyville adopts a 2011 tax rate equal to the effective tax rate of $0.365041 per $100 of value, taxes would decrease compared to 2010 taxes by $-691,971. Schedule A- Unencumbered Fund Balance The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance General Fund 8,813,597 Interest and Sinking Fund 1,154,570 Schedule B- 2011 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Principal or Contract Interest to be Other Amounts Description of Debt Payment to be Paid Paid from ~ be Pazd Total Payment from Property Taxes Property Taxes 2002 Certificates of 115,000 2,415 117,415 Obligation 2006 G.O. RefundingBonds 570,000 136,136 706,136 2007 G.O. Bonds 50,000 176,000 226,000 2011 G.O. Refunding Bonds 800,000 Fire Truck Lease 49,723 AmbulanceLease 38,177 FireTruckLoan 116,839 Paying Agent Fees 63,300 863,300 49,723 3 8,177 116,839 2,000 2,000 Total required for 2011 debt service - Amount (if any) paid from Schedule A - Amount (if any) paid from other resources - Excess collections last year $2,119,590 $0 $652,425 $0 = Total to be paid from taxes in 2011 $1,467,165 + Amount added in anticipation that the unit will $0 collect only 100.00% of its taxes in 2011 = Total debt levy $1,467,165 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 100 S Main Street, Colleyville, TX 76034. Name of person preparing this notice: Colette Franklin, RTA, CSTA Title: Tax Assessor-Collector Date Prepared: 07/28/2011 -''.~~~ a_ .. City Hall ~~LL~ 1 City of Colleyville 100 Main Street ~ ~ ~~~~ ~oo ::,~ ~ Colleyville, Texas 76034 ~ ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-11-1799 File Number: 0-11-1799 File Type: Ordinance Status: Second Reading Version: 1 Agenda Date: 08/02/2011 Controlling Body: City Council Requester: Community Agenda No.: 5a Final Action: Development Department File Name: Approval of a request for a Special Use Permit for on-premise alcoholic beverages sales on Lot 2A, Block 1, of the Market Addition located at 5003 Colleyville Boulevard, Case ZC11-012 Attachments: Notification List • 500 ft. Buffer Map • Statement of Planning Objectives • Restaurant Menu • Site Plan • Proposed 1,080 Square Foot Addition • Building Elevations • Ordinance 0-11-1799 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/11/2011 Planning and Zoning Commission 1 07/19/2011 City Council 1 08/02/2011 City Council Title Approval of a request for a Special Use Permit for on-premise alcoholic beverages sales on Lot 2A, Block 1, of the Market Addition located at 5003 Colleyville Boulevard, Case ZC11-012 Explanation Second Reading and Public Hearing There were no speakers at the July 19, 2011 meeting. It was requested that staff add language to the proposed ordinance tying the proposed Special Use Permit to the applicant along with the name of the proposed business. Therefore, staff added the following sections to the proposed Ordinance 0-11-1799: Section 3(1)b: "The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called "NEXT Wood Fired Bistro & Vino Bar". Section 3(1)e: "The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the City of Colleyville Page 1 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-17991 Certificate of Occupancy." First Reading and Public Hearing The applicant has submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption at 5003 Colleyville Boulevard. The subject property is zoned CC1-Village Retail and is developed as a restaurant. Alcoholic beverage sales for on-premise consumption are allowed in the CC1-Village Retail zoning district with the approval of an SUP. Existing Conditions. The subject property currently contains a 2,435 square foot building that was formerly Peter's Pizzeria and /talian Cuisine and Taco Bell. Proposed Restaurant. The applicant is proposing to open a new restaurant named NEXT Wood Fired Bistro & Vino Bar. The applicant is in the process of remodeling the restaurant and plans an 1,080 square foot addition to the north portion of the building where a current drive-through lane exists. Parking. There are currently 28 parking spaces located on the subject property. With the proposed addition of 1,080 square feet to the restaurant, a total of 35 parking spaces will be required on the subject property. The applicant has been informed that a shared parking agreement with the adjoining property located at 5005 Colleyville Boulevard would allow the issuance of a building permit for the building addition in lieu of a variance or waiver. Landscaping. Staff recommends that all landscaping on the site meet the requirements of Chapter 4-Landscaping and Buffering in the Land Development Code prior to the issuance of the certificate of occupancy. This provision has been added to the proposed ordinance. Building Design. The applicant has received a building permit to perform significant remodeling of the building, as shown in the attached building elevations, and is currently awaiting final approval from Architectural Review Commission in order to receive matching grants to help fund the remodeling efforts. Staff is working with the applicant such that the building will, at a minimum, meet a minimum design score of 30. The current design score for the building is 22. The provision that the building meet a minimum design score of 30 has been added to the proposed ordinance. On-Premise Consumption. The proposed SUP would authorize the sale of alcoholic beverages for on-premise consumption. The request is intended to serve a proposed restaurant building. The proposed hours of operation are as follows: Monday - Saturday: 11:00 a.m. - 2:00 a.m. Sunday 11:00 a.m. - 12:00 a.m. Distance Requirements. The Colleyville City Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet away from a church, school or public hospital. The distance is measured from property line to property line for schools and from front door to front door along the street front property lines for churches and hospitals. City of Colleyville Page 2 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-17991 The property is in compliance with this requirement. Master Plan. The Colleyville Master P/an designates the future use of this area for retail and commercial land uses. This request is consistent with the goals and objectives of the Master P/an. Surrounding Development Trends. The properties to the north, south and east are zoned CC1-Village Retail and consist of office and retail uses. The properties to the west are zoned CC2-Shopping Center and consist of office and retail uses. Public Notification. Staff mailed notices to 31 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Te/egram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the July 11, 2011 meeting by a vote of 7-0. Summary. The proposed SUP would authorize the sale of alcoholic beverages for on-premise consumption. The restaurant will be required to meet the 60 percent food versus 40 percent maximum alcohol sales requirement in the Code of Ordinances. The property satisfies the distance requirements to churches, schools and public hospitals. In lieu of a waiver or variance, staff recommends that a shared parking agreement with the property owner at 5005 Colleyville Boulevard be submitted in order to allow the proposed 1,080 square foot addition. Financial Impact There is no financial impact to the City. Recommendation Approval subject to the provisions listed below, which are also contained in Ordinance 0-11-1799: 1. General a. This Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called "NEXT Wood Fired Bistro & Vino Bar". c. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 30 prior to the issuance of the certificate of occupancy for the restaurant. d. All requirements of the Land Development Code shall be met, except where amended herein. e. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of City of Colleyville Page 3 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-17991 the Certificate of Occupancy. 2. Hours of Operation a. The hours of operation shall be as follows: Monday - Saturday: 11:00 a.m. - 2:00 a.m. Sunday: 11:00 a.m. - 12:00 a.m. 3. Landscapinq All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code prior to the issuance of the certificate of occupancy. City of Colleyville Page 4 Printed on 7/29/2011 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Worthington National Bank 200 W Main St Arlington TX 76010 004814 Colleyville Blvd Compass Bank PO Box 10566 Birmingham AL 35296 004841 Colleyville Blvd Colleyville, City Of 100 Main St Colleyville TX 76034 005100 Colleyville Blvd Thompson Terrace Investment Lp 5017 Collyville Blvd Colleyville TX 76034 005100 Thompson Terr Corvette Property Leasing Lp 1908 Stratton Ct Colleyville TX 76034 005017 Colleyville Blvd Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005016 Thompson Terr Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005020 Thompson Terr Colleyville, City Of 100 Main St Colleyville TX 76034 000024 Village Ln Tanner, Jon Donovan 1908 Stratton Ct Colleyville TX 76034 005008 Thompson Terr Miller, Tom 5004 Thompson Ter Colleyville TX 76034 005004 Thompson Terr Thiel & Thiel Inc 109 W Mill Valley Dr Colleyville TX 76034 005001 Thompson Terr Delgado, Mark & Bryan Berry 5000 Thompson Ter Colleyville TX 76034 005000 Thompson Terr Thompson, John E 5017 Montclair Dr Colleyville TX 76034 000905 Old Glade Rd Glade Road Capital Llc PO Box 1821 Colleyville TX 76034 001009 Glade Rd Vandergriff Joan 5317 Bluebonnet Rd Colleyville TX 76034 000909 Old Glade Rd Vandergriff Joan 5317 Bluebonnet Rd Colleyville TX 76034 000750 Glade Rd Vandergriff Joan 5317 Bluebonnet Rd Colleyville TX 76034 000710 Glade Rd Glade Road Capital Llc PO Box 1821 Colleyville TX 76034 001001 Village Park Dr Tutt, T U Jr PO Box 6 Colleyville TX 76034 004800 Bedford Rd McElroy, Behjat 4925 Lakewood Dr Colleyville TX 76034 004925 Lakewood Dr Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000036 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000051 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000037 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000050 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000028 Village Ln Realty Capital Chase Mtc Lp 8333 Douglas Ave Ste 110 Dallas TX 75225 000016 Village Ln Realty Capital Chase Mtc Lp 8333 Douglas Ave Ste 110 Dallas TX 75225 000016 Village Ln Realty Capital Chase Mtc Lp 8333 Douglas Ave Ste 110 Dallas TX 75225 000016 Village Ln Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000012 Village Ln Wells Fargo Banl< Na 700 N Pearl St Ste 2200 Dallas TX 75201 004843 Colleyville Blvd Hoa - Lal<ewood Estates 12700 Park Ctrl Dr Ste 600 Dallas TX 75251 004921 Lakewood Dr Zell Three Inc 1190 Explorer St Duncanville TX 75137 000700 Glade Rd Noblit, Don Etux Barbara PO Box 820895 Fort Worth TX 76182 004913 Colleyville Blvd Hoa - Lal<ewood Estates 6707 Brentwood Str Rd Fort Worth TX 76112 004921 Lal<ewood Dr Looney, John R 3001 S Country Club Rd Garland TX 75043 004917 Colleyville Blvd Jpmorgan Chase Bank PO Box 2558 Houston TX 77252 005000 Colleyville Blvd Freed, Mickey PO Box 54833 Hurst TX 76054 005013 Colleyville Blvd Colleyville Plaza 580 Decker Dr Ste 203 Irving TX 75062 004904 Colleyville Blvd Colleyville Glade Corp 580 Decker Dr Ste 203 Irving TX 75062 004908 Colleyville Blvd Colleyville Glade Corp 580 Decker Dr Ste 203 Irving TX 75062 004900 Colleyville Blvd Pagano, Peter 215 Oak Trail Dr Lewisville TX 75077 005003 Colleyville Blvd Nobel Source Company Llc 640 S Hill St Ste 341 Los Angeles CA 90014 000800 Glade Rd Cy Village Lane Lp 49 Showers Dr Apt N361 Mountain View CA 94040 000032 Village Ln Cy Village Lane Lp 49 Showers Dr Apt N361 Mountain View CA 94040 000032 Village Ln Capital One Na 201 Saint Charles Ave FI 26 New Orleans LA 70170 005005 Thompson Terr Cocanougher Asset No 3 Llc 6851 NE Loop 820 Ste 110 North Richland Hills TX 76180 005005 Colleyville Blvd Ying Aikens, applicant 4905 Dartmore Colleyville TX 76034 applicant Public hearing notices were mailed on Thursday, June 23, 2011 by Amy Shelley. 500 ft. Buffer Map ~ ~!~ f r~~l I~4 ~ j ~r~~l~ ~ a ~i ~ ~~ ~'~ ~~~ ~,~y FN`~~ .JL1LJ ~~~' S424 37 ~> >fJ21 ~ ~01 ~ ~i 5(l~~ 0 i 3 ,.~i~7~17 '~~ ~1f ~ ,~~L 5008 `,~IfJ~J 5C]E_l=~ ~.~~a~ 490€3 ~o~~ 5E1~4 5t1~5 `I~~JC~ '5i3d3 L~ ~4l(] ~{1C11 ~~° ~~~7 U ~~ C =~~ r ~~~ ~ ~ 4~~ 3 t~(]]~ , o~ ~Q ,L ~ ~ 7fl~ 71(] 75i] I 4~i41 ~ ~'~ ~ ~ 4~00 ~ 4£~4:3 ~' 4~~21 ~., o C 7~~ 4~i i 7 ~ rn ~ ~9Q~~ 49~~ ~ ~~i:: ,~ , fn°: ~ ~~127 ° ii%~ _ --af_ __ w_ _ ~ f ~ ~ 1 June 15, 'LU11 Statement of Planning Objectives NEXT Wood Fired Bistro & Vino Bar Planning Objectives Special Use Permit Request - Wine, Beer & Mixed Beverage Service Anticipated completion of remodel August, 2011 Ownership of the property held by: Y2Kitchen Properties, LLC 4500 Dartmoore Lane Colleyville, TX 76034 Operation of the property by: Y2Kitchen, LLC 5003 Colleyville Blvd. (Corner of Colleyville Blvd & Old Glade Road) Colleyville, TX 76034 Economic Development: Y2Kitchen (NEXT Wood Fired Bistro & Vino Bar) is locally owned and operated by our two owners, Tom & Ying Aikens who are residents of Colleyville. The business began in October of 2008. We are a full service catering business, serving the greater Colleyville area, including Grapevine, Southlake, the H.E.B. area, etc. During this time we have operated from a commercial kitchen in Grapevine and our moving our workspace to Colleyville. Y2Kitchen is a Limited Liability Corporation. NEXT Wood Fired Bistro & Vino Bar is planned as a destination site restaurant, drawing largely from Y2Kitchen's existing clientele in Grapevine, Southlake and the other local communities in addition to our Colleyville customers. Our plan is to add a new dimension to the caliber and variety of food offered in our community. A key component to the growth, success and expansion of our business is the ability to serve wine, beer and mixed drinks to compliment our cuisine to the families of our community. This combination will enhance the revenue of the operation to the benefit of the community and our City. No landscaping changes anticipated. Signage will all be mounted on the building's structure. No exterior lighting changes anticipated. Utilities will remain unchanged; gas, electric, etc. No traffic impact anticipated Restaurant Menu lune 4, 2~11 Versian n~xt woo ~zre blstro ~ vin~ bar Lunch menu SnaCkS Wood fire raasted crab cake w9th a Oijan caper remaulade Roasted garlic Artichc~ke dip served wlth grilled Naan bread Cast Iron seared filet of tteef crostata senred with a red wine demy Thin slic~d Prosciutto Di Parma with wood fire raasted Vidalia onion and shaved Pecorino chesse S~eamed buns swff~d with n;~qne~ed bacon raickled cucumber and green scaJ7ions in a sweet nlurn ¢laze Prornage & Salurni plate {cheese & salarni} served with sweat gherkins and dried fig Wpod -fire roasted Partobeilo mushroom with pecorino and marsala sundried tomatog{aze Escargot ln pu~f pastry w/ raasted garlic aioli .~i4!Mt~+ Spinach and balsamic candisd pearl onian salad wlth soft goat cheese in a peimegranate shallot dressing Filed greens with pra[ine almo~d chips, crumbied bleu cheese & drisd currants with a tanagon honey vinaigrette ne~ Caesar salad with brioche erouton, wh~te anchavy a~d shaved pecorino cheese Mediterran~an Sea satad with feta cheese, kalamata olives, red onian cucumber roasted red pepper in a sea salt red wir~ vinalgrette TrFi^. rhiv~:cr, :alav w :!; ,:cc,., , ~~an~~rrias, ~~~td ar,c~ .rc;~sr'aer :cr,red :rit!; b9~ Ic:*.:.~ce Soup of the Qay P3Pilt11 Served wrth a srde of salad, tomata, scollton, fig 6ahamic dresstnq and Mediterrcrnean friex ROSEMARY CHICKEN PANiNI Free range chicken, mazu~reHa, artichake, rosemarY, chive, wmfn & cilantro mayonneise, scellian, tamato NEW YC}RK SIRLC7IN STEAK PANINI Slices of raasted siricrin steak marir~ated with rosemary, tamaio, funtina cheese, caramelixed onion NEXT CLUB SANDWICH F~,... ,,.ng~ chickcr ,.se^:ary,",um, !er~ra:; ,~,wpa.~„»~se,,:a^`ee::-, tu^r:;a"^, r~r:~i:-,e wa"aw SEARED YEL~OW FIN TUlVA PANIN! Yellow fin tuna, black pepper, tomato, cucumber, a~ugula, scallion, lemon red peppsr cilantro olive aIl emulsions Pasta PENNE FUNGHI TAR7UF0 t'rpmini muthms~m; blaek trumnpt; narmtsa~; narslRy; tr:alFion - White TniffiP t7liv~ Cli! SPA~NETTI MEDITERRANEO 5hrlmp, tometo, garlic, cilaniro, scaliipn - Spicy Sundried Tomato Ofive OIi QRECCHIET7E WITH 6ROCCOIINI $c 6RILLED HA~IBUT Halibut, braccalini rabe & cherrytomata, shallot, mascarpone - E.emon Thyme Diive OiI ~1NGUINE ACQUA PA7Z0 Clams, shrimp, calamari, PEI mussels, gra pe tornato - toasted garlic basil t~Iive oti NEXT RAVlC}CI C!F DAY Angel hair pasta with seared chicken hreast artichake hearts mushrooms in a ceeam urEne sauce Entrees frarn the wt~od - fire aven GRlE.[.ED STEAK SKEWERS $c COUSCOUS Oven roasted tang island duck with scallion plum g(aze Grilled steak an rosemary skewers, beil pepper, Greek yagurt, haney, cpuscous wlth fig, red anian scalllan, tomato - Karoneiki OIIve OII NEKT MEDiTERRANEAN TASTtNG Grilled chicken breast, grill~d pravence vegecable, maeinated re~d bell pepper - Frantoio Olive Oil Griiled steak on rosemety skewers, bel~ peppers, Greek yogurt & honey, couscous salad - Koroneiki 4liue Oil ~rilled shrimp and toma#o skewer on a saffron rice - Oregano Dlive OII Qu~che of the day PlZZ~eS Pfzxete alla Margherita fresh pomodari sauce, oualine monarella and basil Pizzete alia Pomodori thln s{iced Rama tomato basil and pecorino cheese Frantoio Olive Ofi Pizzatte alla Salumi pomocfori sauce, alE of our salarni cut carbon paper thin and pecorino cheese Pizzette alla Ricatta shaved pecorino cheese caramellx~d onion and oregano 8c raasted rosemary Flatbread Grilled a~ian marmalade, escargot, cr~me Tertuffe and camembert cheese Roasted scallions, bleu prawns, sqicY c~omodorra and aqed ~€tar~tonzola cheese Oven dried heirloam tomatoes, buratta mozzarella and oregano butter Dried kalamat pas~e, carved cacclatore salami, masc~arpone cheese and grape mostarda Jamon Serrano, roasted fig, sak goat cheese and mandarina rrrarmalade 8uffalo mozzareiia, Victaria plum tamatces and fresh basil ~. ; : ~ ~ n~~4 ~~}~}~ ~~ISI.T~O (X VIIZ~} ~C~T~ brunchmenu Seasonel fresh fruit Srrroked salmon f{oret with creme fresh and red onion caper remoulade Crab Cake Dijon creme splce greens Woad - fire roasted Portobeila mushroom with pecorino hert~al greens and balsamic trufFie syrup ~pinacn and 'oalsarrtic candieo peati onion saiaa uvitn soti goak cneese in a pomegranate sitaliat or~ssing Filed greens with praline almond cMps, crumbled bteu cheese & dried currants with a tarragon honey vinalgrette Brunch rav~oEi af the day BrusseEs style th~n Waffle topped w9th soft cr~me and berries '~ c~a '~~`y' ii.'y'ic auui ~`vu~ii iviZSir ~Oilc ti iE5 w~iEi u~i ~yi'~ci~S t}melet du jour erunct~ Ctuich6 of the day Breakfast panini scrambled egg, hacon, cheddar cheese & herbai greens Monterey eggs panfni, bleck beans, guacamole, piea de gallo & monterey cheese Poachad eggs Banedict Norwegian {smoked salmon), Florentine (spinach} wJ sweet chili hoNandaise Steak & eggs grilled hanger steak & eggs any scyle Smokad salmon sandwich cream cheese, plum tomatoes, red anion & capers on a toasted French beguette Grilled ch~cken BLT chicken br~~st, crisp baco~, lettuc.~, tomato, guacarnaie & honey mustard Shrimp panini fresh serrano pepper, garlic, parsley & herbed mayo on a toasted baguette Grilfed steak sandwich creekstone farms griiled ha~ger steak, caramelized onlons & swiss chees~ ~v'iitii Cic~.c5 iiicu vi~ ai~uSCniNvil~ 4lit'258~ Cii~+i uc±i~i tvI'ia~5vtc sides crispy bacon - breakfast links - sauteed spirrach - home fries - gerlic pommes frites - sweet potato fr~es - scones - muff'ms *substitut~o~s & egg whites add ~3 Pizzetes Pixzete alla Margherita fresh pamodori sauce, ovoline mozzareila and basil Ptzzexe aHa Pomodorl thin sllced Rama tomato basil and pecorino chsese Frantoio t~live DIf Pizzette aifa SalUmi pomodc~ri sauce, all of our salami cut carbon paper thin and pecorina cheese Pizzette alia uovo pamodori sauce, egg , avollne moaaarella and spinach Flatbread Grilled onEon marmalade, escergot, creme Tartuffe and camembert cheese Roasted scalllons, h{eu prewns, spicy pomodoro and eged gorgonxola cheesc C}ven dried he~rloom #omatoes, buratta mozxarella and oregano butter Dried kalamat paste, carved cacciatare salemi, mascarpone cheese and grape mastarda Jan~urz 5e~iano, tvasied ii~„ su(i gcaal t't~eea~ anu manuatina ruarrttaiede Buffalo moxzarella, Victoria plum tomatoes and fresh basi! ~ ~ '~ ~ ~ 11~A4 w{.}~~, L.~ 1„)ISI.rC~ tX. ~~~ZC~ ~1~r dinnersmallplatemenu Seared sea scallops wJ porcini dust + pomegranate f}xkail gulash and cipoilini marmalade I~amh Shanks Frog Legs Waem goet cheese salad w/ pumpkin seed vinaigrette Kosher cut bee€ ribs wJ fig BB4, 5liced aged Salumi w/ pear mostarda Grilled Rrav,rns wJ Israell cc~uscaus pudding Baked camernbert crusted w'~ cranberry tartuffa oil White anchovies w/ leman grass + green olive tapenade Apple aged beef sausage stuffed ravioli wJ fig demy Seared filet af beef wJ garlic & thyme Lamb chap Scottadita Mussels in tomato l~roth Mini t~roccali rabe & aged provolane Panini t3rilled bread $c tomato sala~ Ouck canfit on toast Tuna wJ merinated cucumbers Buttermilk - Brined French cut chicken breast wj truffle olI Roasted hazelnuts wJ thyme & sea salt Wood -fire roasted clam 6rilled st~rimp wJ creamy tomato sauce Assorted cheese plate Assorted cured meat's plate Chutney of walnuts & lavender haney on toast Grilled mussets wJ Salsa Verde Red curry cocanut clams Eggpiant & Pom~granate wI sesame vlnaigrette Sea Bass wj caper berries gastric Chicken h+tarsaia ttagu wf Faro Nlilanese wa(nut kalamata olive lamb cops Grilled potata saiad Yogurt carrot salad w/ di1l salt Bra3sed parsnips wi#h lemon thyme peaches ~ig & Pepperoni Crostata 0 0 0 .A ~ y U D Z u~ld a~!S LAMQ5GAP1 BIJFFEF+i C7F~41N STf~UCT NEVV ~I~lIN~ 14~4 SC~FT ~:~ ~ . ^~S~L.~i` ti';C~''~'C - ~,~~.r, ~ 1 ~IZZ,~. a DINING 1265 SQFI' ~FFI[,E KITGHEM EXISTIMG BLDG 2rf~3 S~FT ~ ~ ~ ¢ ~ '•:1='VS ~ 1 -LT -`z 1 Uf: - 1 ~II4M W~MEMS 1 TLT ~ SIhJK NEU~d VEST 1176 SQFT 4RIH E ~ ~ ~ V ~ ~ ~ O y Irt ~ ~ ~ ~ V ~ O ~. ~ ~ Q ~ ~ _ ~ ~ ~ Gxist ' lite r~ ExisYf 1VL l Y ]Si311C it7~11 ~Val[ 5ti~~t ~IFS Ah~iz Screen wa11 Existinp MTL P~ wan s~ Canvas Awning Stucco EIFS tr MTL df grille ir Canvas awning Existing clay ~ t11C IOOt Existing roof ~ MTL parapet Stucco with'~ ~ EiFS trim "~l.' ~~-i f L`~ ~rJ Alum ~mindows ~ Grille in E1FS trim Exisr.- _ .-_ _ ~' MTL Stand metal Wall Stucc EIFS ______ ; '; , 1 - r;; , i . .. , .,. DBL doors with / int. 34" railings ~~ ELCVATIONS WMb AAtHi7EC741RE PLIC C4ue+vue ie.w~~ ~ev.n'm ~ou~ rie W LL` J ~ ~ CO ~~ ~w~, ~ m ~ ¢~ m J ci7 :1 ~ G `` ~ a1 "" W w = ~ J --~ O ~a; y N ~ ~ cY] ~ W p ~ ~ ~ U I ELEVAT1t3NS ~~ ORDINANCE 0-11-1799 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 2A, BLOCK 1 OF THE MARKET ADDITION, LOCATED AT 5003 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z11-012; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-11-1799 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 2A, Block 1 of the Market Addition, located at 5003 Colleyville Boulevard, by authorizing a Special Use Permit for the sale of alcoholic beverages for on-premise consumption, as depicted on Exhibit "A" and described in Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise alcohol sales by this Special Use Permit shall be called "NEXT Wood Fired Bistro & Vino Bar". c. All buildings located on the subject property shall, at a minimum, meet a minimum design score of 30 prior to the issuance of the Certificate of Occupancy for the restaurant. d. All requirements of the Land Development Code shall be met, except where amended herein. e. The Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. Ordinance 0-11-1799 Page 3 of 4 2. Hours of Operation a. The hours of operation shall be as follows: Monday - Saturday: Sunday 11:00 a.m. - 2:00 a.m. 11:00 a.m. - 12:00 a.m. 3. LANDSCAPING a. All landscaping and buffering shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code prior to the issuance of the certificate of occupancy. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. Ordinance 0-11-1799 Page 4 of 4 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" - Location and Zoning Map NORTH r - ~. .~ ,~ r~~ . - ~ ~ ~P~.~- . ~ `~'~ K{~'~~, - I ~ r~,j~ ' ` _ ~~L~ `~ ~~ ~~ ' ~~~ '~'~4J~~' ~~~~~ a ~ r ~`-~ ~ ~ '~ . ~ _~Q'~ ~ . ~~J ~ ~J~:~~~ ~ ~ r~~l ~ ~ ~ f ~~ ~~~f I -~;-.`_~ ~~ ~Q16 ~``- µ-~'~j~~ /~ ~'u~ ~ ~ ~.``-.~ R' [~f ~O~CB , ~~09 ~'' '~ _ ~'~.,a --~., ~ ,~ .~a~15 = - ~~I~€3 ,I~~ , ~ ~~~ ~QQ~ , cc2'~-~Y__ ' ,.f ~. ~ ~~,~~ j ~~7~r~ ~47i~1 '~-~ ~~F . z ~ ~~ ~~ ~'~''e~; ?'~ - '~J ~f'~ LJ ~ 1 '~, ~w~~~ '' _i1 ,' `~~ ~ ~ ~~1 ~~ ~~~ y .. - ._~ _ - -- - ___ ~ f.- ~r~yC~ T,-a, ~ ~ I B~~ f I~ ~ ~' f rv4 ..~ ~ I ~ ,.'`~ '•~ C~C2 {~.~ ~ ,74~1k ~1U { ~5~ y ~. .. ~ ~., ~ ~`: ~~~ f°' ~ ~;~ 1 ~~'~.. - _~ r~ Exhibit "B" - Statement of Planning Objectives hJ~~iT ~N~a~d ~'ir~d ~istro ~'~ino B~r Fl~nning ~bJectives Sp~e+~f~1 Use P~ernnit R,equ~st- ~ir~e, Beer & N1Nxed S~vera~~ Sers~ice Antici~at~d c~rnplcti~n ~f rcrr~ckdc] ~lu~u~t ~€~11 t~wnershtp a~ tl~~ prc~perty h~l~ k~,y: Y21{it~h~n Rro~~rri~s, LLC 4~0~ Dartm~+~re La~+e ~~Ile}~.~i]ie."T?~ 7b~1~4 ~p~ratfon ~df ~h~ p~c,~~+ b~s Y~Kits;lien, L~:C ~~3U3 Cc~~le~rviflc Blv~de ~Ce~r~see ~F ~~ll~~ville ~Ivd ~ ~]ld ~lade Raad~ ~C~II+e~+rill~, T~ 7fi~34 E~c~r~+~rnic L~rvelopm~nt; Y~~itchen ~[hi~KT ti~`c~n~d ~'ired ~3istro ~~`in~r ~~r~ is lo~all}~ o~wvn~d ~nd caper~te~i ka~ c~ur krrvc~ ~s+~rncrs~ T~m & Yin~ ~4ik~~ns ~+rho arc resi~dcnts af C'oll~cy+.~illc. "f'he busincss b~gan in ~~tob~r af 2(}08. Wc ar~ca f~li servic~ e~tcringb~usin~ss„servin~the ~r~at~r Coll~yuille ar~~, inc~~u€~in~ Grapevine, S~uthlal~e, the ~1.E.~. ~r~a, etc. ~urin~ this tirne ~+r~ ~O~ue ~perat~d Fro~rn ~~mr°r~~r~i.al kitchen in ~r~pevin~ ar~d our rina~ving our 'wc~el~~pace t~ Gnlleyvill~_ ~'~~Citchen i~; a Limited Liabili[y Cn~r~e~ratiQn. NE?~T 1~J~e~d fiir~cd Bistro&'Vino B~r° is plani~rd as a d~~tinata~n sitc restaurar~t, draw~ir,~ lar~clyfrom ~~ICit~h~rni's exis~n~cli~nb~le in ~rapcu~nr. ~~ru~hlakc arad the vt~er ]oc~l ~€~rnmuniti~~ ir~ ~d+d~tiofl to our~alley~rill~ caast+~m~rs. [~ur pla~n is tc,add ~a nev~r dimen~ian ta ~hc calib~r an~i v~ri~ty c~f Fr~od ~of~'ered in c~ur c~mmua~ity.I4 ke~r c:~rrrpc~nent to the ~r~v,r~x, s~t~~ss and exp~~sion of~ur busine~s is the ~bility tcr ser~re vvine, b~er ~~-r~ rnN~ed r~rinl~ tcx c~rn~alim~nt c~a~r~~i~i~e tc~ ~he ~~r~~lies c~~'~ur rommu~ity. This ccsmb~nati[an ~vill enh~nce#he r~vcnue o~ the operati~n tothe ~eneFit o~'the cammuni~}~ a~ni~ ourCik}.'. Nu la~ndsc~pin~ ~har~~~s anticip~ted. 5ignag~ vrill all b~ m~iunted ~n th~~ b-~ifding's structur~, f~~ ~xteri~r liglatin,,~ ~:hange~ antici~roated~ U~tilitie~~vill r~rr~ain unshan~eci; ~a~. ele~eic, et~_ h!~ ~rafFic itnp~ct anticip~ate~~ File Number: 0-11-1800 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-11-1800 File Type: Ordinance Status: First Reading Version: 1 Requester: Agenda Date: 08/02/2011 Agenda No.: 6a Controlling Body: City Council Final Action: File Name: Approval of a request to rezone Lots 1-16, Block 1 of the Colleyville Heights Addition from R10-Single Family Residential to PUD-R-Planned Unit Development Residential located in the 800 block of Regina Court and 5408 South Drive, Case ZC11-008 Attachments: Applicant's Request to Appeal to City Council • Location and Zoning Map • Notification List • Buffer Map • Property Owner Approvals • Statement of Planning Objectives • Zoning Exhibit • Colleyville Heights Final Plat • Section 3.24.G - Schedule of District Regulations • Small Lot Subdivision Comparison • Ordinance 0-11-1800 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/11/2011 Planning and Zoning Commission 1 08/02/2011 City Council Title Approval of a request to rezone Lots 1-16, Block 1 of the Colleyville Heights Addition from R10-Single Family Residential to PUD-R-Planned Unit Development Residential located in the 800 block of Regina Court and 5408 South Drive, Case ZC11-008 Explanation First Reading and Public Hearing Todd Handwerk has submitted a request to rezone the entire Colleyville Heights subdivision, which consists of 161ots located on Regina Court and South Drive containing a total area of 4.7 acres. The applicant is requesting to rezone the property from the R10-Single Family Residential zoning district to the PUD-R-Planned Unit Development Residential zoning district. Existing Conditions. The property is currently developed as the Colleyville Heights Addition. There are five newly constructed homes by Calais Custom Homes, one home currently under construction by JPK Builders, the developer's existing home, eight undeveloped lots owned by Miron Land and one open space lot devoted to open space and drainage. Applicant's Proposal. The applicant proposes to increase the maximum lot coverage from 35 percent to 50 percent and to reduce the front and rear building setbacks in order to meet current housing market preferences. These proposed changes would apply to all lots within the development. City of Colleyville Page 1 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-18001 Lot Sizes and Setbacks. The PUD-R regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet and lot depth of 120 feet. The typical lot sizes and dimensions proposed by the developer will, at a minimum, conform to the R10-Single Family Residential zoning district lot design requirements. R 10-Single Family Residential zoning district lot design requirements include a minimum lot size of 10,000 square feet, a minimum lot depth of 100 fe et and lot width of 75 feet. The required setbacks in the R10-Single Family Residential zoning district are 30 feet for the front and 25 feet for the rear building lines. The applicant is requesting to reduce the front building setback to 25 feet and the rear building setback to 20 feet. The R10-Single Family Residential zoning district was repealed and removed from the City's zoning ordinance in 1976. Approximately 111 acres in Colleyville (including the subject properties) remain zoned R10-Single Family Residential. All existing homes in the subdivision are either at or below the maximum lot coverage of 35 percent. Fire Sprinkler Requirements. Section 9.17(B)11 of the Land Development Code requires two means of vehicular access into a subdivision that contains more than 121ots. Given that 141ots are located along Regina Court with no secondary means of access, with the exception of Lot 8 which derives access from South Drive, all residences in the subdivision must contain an automatic fire-sprinkler system. To date, all homes, with the exception of Lot 8, built in the development contain automatic fire-sprinkler systems. Although codified and enforced through the Land Development Code, this provision has also been added to the proposed ordinance with an exemption for Lot 8. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. Given a minimum lot size requirement of 10,000 square feet, the maximum residential density allowed by the R 10-Single Family Residential zoning district equates to 4.0 dwelling units per acre. The 15 platted residential units that would be located on the 4.7 acre subject properties would yield a density of 3.1 dwelling units per acre. Attached is a comparison chart showing lot sizes and development requirements including residential densities and lot coverages for recent residential developments in Colleyville. Open Space. The PUD-R regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The development shows 3.9 percent of the total development as open space, which is contained on Lot 16. The open space is maintained by the Homeowner's Association (HOA). Surrounding Development Trends. The surrounding properties are primarily single family residential in nature. Properties to the north and west are zoned R 10-Single Family Residential and are currently developed as single family residences. Properties to the south are zoned R20-Single Family Residential and are currently developed as single family residences and the property to the southeast corner is zoned CN-Neighborhood Commercial and is undeveloped. Properties to the east are zoned CC1-Village Retail and City of Colleyville Page 2 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-18001 AG-Agricultural and are developed as part of the Colleyville First Baptist Church campus. Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. The sidewalks internal to the development must be a minimum of four feet in width and installed when any new structures are built on the property. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 15 lot development would add approximately 144 vehicle trips per day to the surrounding roadways. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. Given that the proposed residential density is below the maximum residential density possible under the existing R 10-Single Family Residential district, the proposed rezoning request is in conformance with the Master Plan. Public Notification. Staff mailed notices to 31 property owners regarding this request, including all property owners within the Colleyville Heights subdivision. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received six letters of support to the rezoning request. The city manager owns property in this subdivision and as such the administration of this item has been deferred to the assistant city manager. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended denial of the request at the July 11, 2011 meeting by a vote of 4-3. Supermajority Vote Requirement. Given the recommendation of denial by the Planning and Zoning Commission, the request can only be approved by a supermajority vote by the City Council. Therefore, this request must receive at least six (6) affirmative votes in order to be approved. Summary. The PUD-R request by the applicant is atypical given that it is being applied to an existing residential development and not a new development proposal. The request is also unique in that it addresses lot coverage. Many cities do not have specific requirements for maximum lot coverage. Rather, many cities address maximum lot coverage through building setback requirements. Residential and commercial zoning districts in Colleyville have contained maximum lot coverage provisions since 1970. Given that most of the recent approvals of residential developments with similar densities in Colleyville contain similar maximum lot coverage percentages, staff agrees that the applicant's request is not inconsistent with those development requests. The lack of open space in the development creates a gross discrepancy with the minimum 20 percent open space requirement in the Land Development Code. However, short of dedicating an additional undeveloped lot as open space, there is nothing the applicant can do to address this requirement. The PUD-R rezoning is the only option the applicant has in order to increase the maximum lot coverage requirements. City of Colleyville Page 3 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-18001 Financial Impact There is no financial impact to the City. Recommendation Approval subject to the provisions listed below, which are also contained in Ordinance 0-11-1800: 1. General a. The purpose of this PUD-R is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 3.2 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. Conceptual plan and platting a. The street layout and arrangement of lots of the subdivision shall be consistent with the final plat, labeled as Exhibit "C". 3. Permitted uses a. Single-family residences, detached b. Common open space area 4. Residential lot requirements and setbacks Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit "D", shall control where such building line setback is different from the following requirements: a. Minimum Lot Size b. Minimum Lot Depth c. Minimum Lot Width d. Front Building Line e. Side Building Line f. Rear Building Line 10,000 square feet 100 feet 75 feet 25 feet 8 feet 20 feet 5. Open space a. This development shall provide not less than 3.9 percent common open space, which shall be contained on Lot 16 as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the Homeowner's Association. 6. Sidewalks and pathways a. Sidewalks shall be required along both sides of Regina Court and shall be installed when any new structures are built on the lots. 7. Other a. With the exception of Lot 8, all homes constructed in the development shall be installed with an automatic fire-sprinkler system approved by the Fire Marshal. b. Any residence constructed on Lot 1, Block 1 shall be limited to a height of one story. City of Colleyville Page 4 Printed on 7/29/2011 Amy Shelley Applicant's Request to Appeal to City Council Subject: FW; Colleyville Heights From: Tc~dd Handwerk Sent: Friday, July 15, 2011 11:14 AM Ta: Amy Sheliey Cc: Ron Ruthven; Sean Coghlan Subject: RE: Colleyville Heights Amy, Please accept this email as our response tQ the Pc~iZ Corn.i~~ission decision, that it is our inte~tt to protest their denial. I h~ve exchanged voice mails with Ron, an~ we wi11 meet wh~n he is back in the gffice next week. Thanks Todci B. Handwerk President Calais Custom Homes C3ffice 81~-481-~426 Cell 8 ~7-532-?784 www.calaiscustomhames.com Location and Zoning Map ~ 7r~~ - 8(]41 ~,:]:~ ~Ur, h I s F~1 G 7~= ~kw,q,~ ry ~ta' 7[]4 ~~ ~ ~ - la~~ ~o~ 7 t:~ ~D~ Site: Colleyville ,g{)3 r345 Heights Addition 5~3 ~~i 70~ 5-Y i 2 R10 ~at~ __ 6S~ 7~D T(k] '=~1C7~ ~1~ F2f~ S 1~ ~~'~ F~d~, RQ4 ~L~17 ~ - CC1 r~2H r I 61 ~ 701 71:i ' _~~ P~,+~ ~617 ~13 ~05~ r~j~ ~~1 CN , ' 712 7 ~~ 71~, 8'1~ ?`!~ • y '~r ~ti 4_~ ~SLJ -- ~~i i R2 ~ ~:i05 f~i7 ~310 Ttl 713 71`:~ $1~ 8'13 ~1` f.?i II~ ~ ~ 10~9 11]Q7 ~3Q1 =~~~~ "~2~4 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Baird, Robert Etux Wanda 709 Thomas St Colleyville TX 76034 000709 Thomas St Bradley, Michael Etux Kelly L 809 Regina Ct Colleyville TX 76034 000809 Regina Ct Brunken, John E Jr 7204 Belle Meade Dr Colleyville TX 76034 000712 Central Dr Calais Custom Homes Inc PO Box 96193 Southlake TX 76092 000813 Regina Ct Colleyville Heights Llc 5408 South Dr Colleyville TX 76034 000801 Regina Ct Crandall, Bruce Etux Caren 5412 Pleasant Run Rd Colleyville TX 76034 005412 Pleasant Run Rd Davis, Bobby Joe 8304 Old Springfield Pike Goodlettsville TN 37072 005313 Pleasant Run Rd Fadden, Mark S Etux Jennifer M 55 Piazza Ln Colleyville TX 76034 000825 Regina Ct First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville TX 76034 005405 Pleasant Run Rd First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville TX 76034 005405 Pleasant Run Rd First Baptist Ch Colleyville 5405 Pleasant Run Rd Colleyville TX 76034 005312 Colleyville Blvd Gonzales, Andrew J 705 Eudaly Dr Colleyville TX 76034 000705 Eudaly Dr Haseltine, Elwin K Etux M 704 Field St Colleyville TX 76034 000704 Field St Henigsmith, Cecil Etux Lisa 705 Thomas St Colleyville TX 76034 000705 Thomas St Hunkins, Ralph H Etux Jennifer 808 Regina Ct Colleyville TX 76034 000808 Regina Ct Lala, Marlene 816 Central Dr Colleyville TX 76034 000816 Central Dr Lindsey, Josh M Etux Angel R 803 Thomas St Colleyville TX 76034 000803 Thomas St Max, Richard W Etux Jacqueline 700 Field St Colleyville TX 76034 000700 Field St McDonald, Ceacy Samantha 814 Central Dr Colleyville TX 76034 000814 Central Dr McNary, John W 1230 Brown Trl Ste 107 Bedford TX 76022 000701 Eudaly Dr Miron Land Inc PO Box 96193 Southlake TX 76092 000816 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000812 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000804 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000800 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000820 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000828 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000817 Regina Ct Miron Land Inc PO Box 96193 Southlake TX 76092 000821 Regina Ct Moore, Karen Jean PO Box 694 Colleyville TX 76034 005412 South Dr Reynolds, Giles Jr Etux Patti 714 Central Dr Colleyville TX 76034 000714 Central Dr Roeder, C E 713 Field St Colleyville TX 76034 000713 Field St Roeming, Branton F Etux Karen 805 Thomas St Colleyville TX 76034 000805 Thomas St Rostron, Paul Etux Cindi 805 Regina Ct Colleyville TX 76034 000805 Regina Ct Stephens, Jim & Ann Roseberry 3604 San Bar Ln Colleyville TX 76034 000000 Central Dr Tipton, Carol A 701 Field St Colleyville TX 76034 000701 Field St Traphagan, Chas K Etux Carol M 801 Thomas St Colleyville TX 76034 000801 Thomas St Turner, Christine M 713 Central Dr Colleyville TX 76034 000716 Central Dr Warner, Richard D Etux Regina 5408 South Dr Colleyville TX 76034 000824 Regina Ct Warner, Richard D Etux Regina 5408 South Dr Colleyville TX 76034 005408 South Dr West, Catherine M 812 Central Dr Colleyville TX 76034 000812 Central Dr Williamson, Penny S Etux Lawre 713 Thomas St Colleyville TX 76034 000713 Thomas St Todd Handwerl< 2825 Exchange Blvd. #101 Southlake TX 76092 applicant Public hearing notices were mailed on Friday, May 27, 2011 by Amy Shelley. 200 ft. Buffer Map =,~s~ zt~s ~aa s~oa ~a+; ~ '~ 6D~1 613 7C} 1 7Q~ I Q~19 ryFOA .3 F~~,S b12 fi16 70f3 7[kf tdfl7 F~~o~~ I~JL~ 7~~i ~ i;3 , 8(}3 .~ 5 ~a12 ~P412 ~4fl8 824 ~2Q ~ 4 h ~ 12 ~~J~ L~~7~ $Oo a40a ~ pr~~5 VLCl ry~~V ,a~, 5~z ~ii ~~ ~ ~or 7.i~ a~ $21 t'~17 13 ~i~I P.p-, ~1. 5312 712 71 S 71~ 8i2 ~f~ 816 ~t0 5313 ~i3~i} I .r?3C~3 '; ~17 531{] ~3p1 /I 71i 7l 3 715 ~11 St3 815 ~ ~304 ~ ~ 5221 ~~3~ 5226 ~~ • ~ ~ ~ a ~`~ +~n<°a ~av ~~ ff ~217 !"~~ /~ J y Y V ~ c* - - - ~~ "' ~~ ~ _ .- ~l~ ~ ~_' ' ~iJf"1 ~ ~ ~:i l ~' L -- _ - ~ y. _ _ ~ 5~0.1 fi ~~~_~ ~ . , , I / r,p9 513 741 ~~~~ S IJLIU ~~L ~Utl `~' MAY-1~-2~11 15:~8 FRQM:~~STRON Property Owner Approvals ~~LA.IS CUSTOM Y~fJMES MaY 9, 2q11 Colleyvill~ Neights Homeowner~: TQ:81742~6491 P.1~1 I ha~e irlClude~ below the e-mai14 ~ent each nf yau last week. The city fs requiring a signature from each property owne~' in the 5~bdivi5ion ~?rlpr to Cr~nSid~ri~g thQ zoning change. We'd appreclate it if you eould sig~ dt th~ bpt4orn af this letter. Cail me and i wili c~me and piCk up th~ Si$ned fQrm. Thanks. Sean (271a) 7~7-5314 Good morning, I want~d ta reach out to ~II p~f yqu conGerning Co~leYville hEeighrs. Tadd and i have submltted a request tp the city for a"zoning change'° tp the subdivisian, allowing fOr some one story plans. Right now the 35°JU 14t toverage re~trf~tion almast,prohibits our ab6lity to bul~d a ane stary 2800 sf home with d 3 car garage and some patios. In additiCn, all of our cornpe~itian (Ui11as of Colleyvllle, Vllfas 3t [7ak Ppint, Cambridge PI~Ce) h8S IOt toverage in excess qf 5046. So, we have requested a new maximum !at eoverage af 509b, We sre asking for your suppo~t 4f thlS zpning change. We feel that having the~ support of the exiscing homeowners wlll really h~lp, In addition, we h~d ~{sp req~e5t~d fo~ approval to har~e a subdivision entry gate. At this time, we are undetided or~ whether to continue to pursue that re~uest. An enrry gate will require u5 to make Regina Court a private street, which means aCl maintenance wauld fall baCk on the HaA/hamenwners. Wc are preparir~g aur 2°a submittal to the planning and zon~ng commission - due tamorrow. We'd ~pprer,iate it if you cquld respond ta thi~ e-mail and Ist ws know a caupla a~things: ~, Can we count on you for support af aur fot coverage change? I, po yvu have any fnterest in a subdivisivn entry gate7 I su~pArC Cal~ls Gustpm klames in their' effort to ~hange ~he Iot cq~erag~res~rictions ir~.~rSll~ru~fe Heights, Stgnature ...~_...~~~. ,~~~~1 Rrir~ted Ndme ~"v S~ ,~.~~~ , ~4ddress ~AL~.IS ~~~~o~ ~o~~~ nn~y g, zoa,~ Cplleyv~fle Heights Homeowners: I have included below the e-mail I sent each of you last week. ~he city is requirir~g a signature from each praperty owner in the subdivisior~ prior to cansidering t~t~ zaning change. We'd appreeiate it if you could sign at the hottom of this letter. Call me and I will totr-e and pick up the signed form. Thanks. Sean (214} 707-5314 Gaad mar~iing, I wanted to reaci~ aut to ~II oF yGU concer~iin~ Colleyvill~ ~ieigtits, Tvdd and I h~ve submitted a requesY tp lhe city fvr a"aonang cMange" ka the subdkvisinn, ailowing for some one stary p{ans, Ri~lzt r~aw th~ 354~m fot eoverage restric;tion almosi pruhlblts our at~illty to build a ane story 2800 sf hame wit17 a 3~ar ~ara~e and same ~aatias, fn addition, a!I of our ~ornpekition ~Villas of Colleyvllle. Vil9as at pak Poit~t, Gan7bricig~ f'lace) has Int covera~e in excess oi 50%. Sa, we have rec~uested a r~ew rtt~ximurra !ot r.nverage af ~d%. We are askin~; fior y~ur s~ppnrt of this~ znr~ing change. We feel t#~at havln~ [he su~part o€ the exlsting hameowneE-s will really help. Ir~ additian, w~ ha~ also cec~t~ested for ~ppraval tp haue a subdivisfan enkry gate. At this tkrne, we ar~ und+~cid~d an wh~~her ro cantinue to ~ursue that ~~~quesc. Ae~ entry gaYe wlll require us tn rnakc Re~ina ~aurt ~~rriw~ke str~et, whl~h means all makntenanc@,nrould fal9 back, ~n the HO.A/hamedw~ers. We are preparing t~ur Z"''subrr,icta! to ct~e planning and zon-ng eornrn-sslon -- dup tQFnflrraw, We'd appreciate it iF you c~aufd resp~rnd to th~s e-maif ~nd 1et us kn4w a eauple of things: 1.. Can we courrt a~~ you for suppvrt af our !ol co~erage chanEe? 2. tJ4 you have a~ny inte~est in a subcEivisian entry gate? I support Caiais Custom Nemes in their effor~ ta ch~nge the fo# covera e restrictlons in Colleyville Heights. , ' ~ ~ /!/t9 2A/~ Signatu R~~ r~ N-1~~~~.. Prlnted Name Sfi~ ~~,.~a ~s+~~~, ta//~+~rv, l,~ , %~17k93~ Address ~~~1 1~~ GUSTfJM HOMBS May 9, 2D13. Calfeyvifle Heights Horneowners: I have includerf below the e-mail I sent each of you last week, The city is requiring a signature frprn eath pr~perty awner in the su6di~lsion prior to considering the zoning change_ We`d a~apr~ciate it if ynu could s~gn at the botCam of this letter. C~II me and ! wi[! com~ and ~a€ck up the signed form. Thanks. SeaR (214} 7D7-5314 Good rnorning, I wanted to reach out to all of you cancernir~g Calleyvi~ls He9ghks. Todd and I have submitted a request ta the city far a"~oning change" to the subdivision, allowing for same one stary plans. Right now the 35% lat caverage restriction almos# prohihits our a~ifity to huild a one story 2800 sf home with a 3 Gar ~arage and some patios. In addition, all of our com~etition {Vlllas of Col~eyvi9le, Vlflas at Oak Point, Cambridge Place) has lat couerage in excess of SD3~, Sa, we ~ia~e requesied a new max9mum ~at caverage af 5U%, We are asking for yaur support s~f this zoning change. We feel tf~at having the support af the existing horneowners wifl really help, In addition, we had afsa requested far appraval to have a subdivision entry gate. At this time, we are undecided an whet~er to eontinue to pursue that reques~. An entry gate wiJl rec{uire us to rr~ake Regina Caurt a private street, which means all maintenance wauld fa[! back an the HOA/hamenwners. We are preparing our 2"d subrnittaf ta the planning and zoning commission ~- due tomorrow. We'd appreciate Et if yau cQ~ld respond ~o this e-mail and let us ~Cnow a cauple af things: ~.a Can we count o~ yo~ for support af aur tot couerage ct~an~e? 2. Do you have any interest in a subdivlsian er~try gate7 I su.pport Calais Custam Hames in their effort ta ehange the Int covera~e restric~ions in Colleyville Weights. Signature Michael H ~radlev Printed ~[ame • _~... ~ 809 Re~ina Court, Cnllewiife, TX 76034 Address ^ P ca~L i v i~ Sean Coghlan From: John Campbell ~~~~ Sent: Thursday, May 05, 2011 9:35 ~M To: Sean Coghlan Sub~ect: Re: Ca~leyvi~le Heights Sean, yes JPK BUILDERS is in favor of the lot co~rerage change and in favor of the gated entr,r. One note; please get back to me regarding the subdivision fence that borders our Iot 7(narth baundary wood fence) w~iich is app. 2 feet over into lot as per we have addressed. Also, the grass in all ~ots is getting tall and unsightly. Can thzs be handled very soon? Thanks for your assistaace and let us know if y~u guys need anything from us. Thanks, John Campbell...817-455-5100. 5/24/2011 ~ ~r' ~.r ~ ~~~ ~~~ r~~ ~~~~. ~' ~ From: Mark Fadden [mailto Sent: Tuesday, July 26, 2011 3:19 PM To: Todd Handwerk; Sean Coghlan Subject: Fadden response to Colleyville Heights rezoning Todd/Sean, While we have no objection to the rezoning of our property, due to Jennifer's position with the city, we must abstain from the rezoniilg process. Best, Marlc , ~.. ~ 1~ #~ Marlc Fadden, Freelance Writer and Award-Winning Author of Tlte Brink 817-504-3886 www.marlcfadden.com The Brink- is now only $2.99 for your Kindle or nook! Statement of Planning Objectives ~olleyville Heights Calleyville, Texas Clverview Colleyville Heights is a new home subdivision developed by Colleyville Heights, L~C. In 2007, Miron l.and, a sister company of Calais Custom Homes, purchased lots 1-6 and lots 9-15 for the purpose of new residential construction. The entire property consists of 4.735 acres located on the west side of Pleasant Run, north of Central Street ar~d south of Thomas ~treet. The praperty is currently utilizing the City of Colleyville's R10 zoning. There are five ~5} newly constructed homes by Calais Custom Homes, one {1) home currently under cor~struction by JFI{ Builders, the developers existing home (1}, eight ~8~ lots owned by Miron ~and, and one ~1} lot devoted to open space & drainage. Customer Demographic {~ur potential customers, as well as a number of current home occupants, are `empty nesters'. ~`hey are Ic~oking for single story homes between 3,500 and 4,000 sqft. In addition, they travel frequently c~n b~siness, to visit friends and family, and for vacations. Requesting the zoning change is dt~ne in large part to meet the hame design and security needs of aur current and potential customers. Propased I.ot Coverage We are proposing a new maximum lot coverage of 509~o based upon the following factors: • The property is surrounded by older homes on larger lots that are also utilizing the City of Colleyville's R10 zoning. The R10 aoning provides for a maximum It~t ct~verage of 35~'0. The 35'~~ maximum !ot coverage was sufficient 30+ years ago when newly constructed homes were much smaller than new homes today. In addition, land was more plentiful years aga and the lot sizes were much larger. The combination of these two faetors has created a zoning classification that we believe is tt~t~ restrictive for new home construction. • 7he size and one story home design requests of our current custc~mer demographic as outlined above. Proposed Lot Coverage (continued) • Other new resident'ral construction subdivisions in Colleyville are currently utilizing the PUD zoning with a maximum lot coverage in excess of 509~0 o Villas of Colleyville o Villas at Oak Point o Cambridge Place • The interpretation of maximum lot coverage has changed at the city. This change occurred after the completion of the first four newly constructed homes in the subdivision. The change in interpretation has made the 359~o maximum lot coverage more restrictive, Proposed Set-backs We are proposing a new maximum front yard depth of 25' and a new maximum rear yard depth of 20' based upon the following factors: • A change in the front and rear yard depths is necessary in order to provide the requested 509~o maximum lot coverage. The existing front and rear yard depth maximums will only allow for a 459~o maximum lot coverage. ~olleyvill~e Heights .at ddress otSQFT Current Front Setback Gurrent Rear Setback Current Side Setback urrent Lot Caverage M ax based on 5etbacks Praposed Fror~t 5etback Proposed Rear Setbatk Praposed Side ~etback Propose Lot Caverage Max based on Setbacks 1 800 Re~ir~a Court 10,232 30 25 8& 12 42.5~ 25 20 8& 12 48.5°~b 2 804 Regina Cauri 10,080 30 25 8 45.146 25 2Ct 8 51.496 4 812 Regina Court 10,080 30 25 8 45.196 25 20 8 51.4% 5 816 Regina Caurt 10,121 30 25 8 43.6% 2S 20 8 50.4~ 6 820 Regina Court 10,433 30 25 8 37.1% 25 20 8 45.5% 9 828 Regina Court 10,989 30 25 8 43.1% 2S 20 8 50.6~ 11 821 Regina Caurt 10,0~2 30 25 8 40.2% 25 2Q S 47.836 12 817 Re ina Court 10,096 30 25 8 44.5% 25 20 8 51.196 Current Max 35~ Proposed Max 50% ,~. a.Lo ~ ,~oEa.~..~~~e~~~a~,.._~*~~e~ . ~.~~,.~i~'..~,.a~e~~o.~o ~ e~a~ ~~~~e ~ ~ ~ ` , ' ""I ~~~~'.. ~ ~~~'.'~ e y d Y/ p ~y ~! 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E --y _ ES mt. ~.OC~- ~~.6fr 8~0' 8~0~0 ~12 . ~1. $-9"~.~-'1~.'_' . IAC_ 6 ~ ------------------- -- ~~8„ ~ an - . . . ~~~, fio ~,a ~ , `~'• I ~ ~ ~ J ~~ Lot 1, Block 2, ~ I ~ ~ Lot 3 I Lot 2 ~~ RATLIFF ADDITI~N, m ~ ~ ° Volume 388-1 13, o ~ ~ Second Filing, Volume ~N~ Page 674, ~' ~ ~7, P.R.T.C.T P.R.T.C.T. ~ E ~~ ~ ~ shakl be marked with 112" iron pins with Vo ha~itable structures sha[I be ~tion. in the State of Texas, do hereby .~~vey made under my supervisian ~ SECTION 3.24.G - SCHEDULE OF DISTRICT REGULATIONS MAXIMUM RESIDENTIAL DENSITY; MINIMUM LOT SIZE REQUIREMENTS; MINIMUM YARD REQUIREMENTS; MAXIMUM BUILDING HEIGHT; MAXIMUM LOT COVERAGE; OUTDOOR STORAGE; SCREENING AND HOURS OF OPERATION (See District Regulations Notes following Section 3.24.F for explanation of letters in charts) Zoning Districts Max. * Res. Density Minimum Lot Size Requirements Minimum Yard Requirements Max. Building Height Max. Lot Coverage Area (sq. ft.) Min. Min. Max. Classification DUTAC Per Family Total Width in feet Depth in feet Lot Size Front (feet) Each Side (feet) Rear (feet) Stories Feet Percent AG Agricultural 0.3 130,680 130,680 200' 300' n~a~ 40' 25' 40' 2.5 35' 20% RE S. F. "Estate" Residential 0.5 80,000 80,000 200' 300' n~a~ 40' 25' 40' 2.5 35' 20% R-40 Single Family Residential 1.25 40,000 40,000 150' 150' n~a~ 40' 15' 25' 2.5 35' 20% R-30 Single Family Residential 1.5 30,000 30,000 125' 125' n~a~ 35' 10' 25' 2.5 35' 25% R-20 Single Family Residential 2.1 20,000 20,000 100' 125' n~a~ 30' 10' 25' 2.5 35' 30% R-15 Single Family Residential 3 15,000 15,000 100' 125' n~a~ 30' 10' 25' 2.5 35' 30% R-D Two Family Residential 8 4,000 8,000 70' 115' n~a~ 25' 10' 25' 2.5 30' 50% R-MF Multi-Family Residential (zoned after June 16, 1981) g 2,700 18,000 70' 115' n.a. 25' 10' 25' 2.0 30' 50% R-MF Multi-Family Residential (zoned before June 16, 1981) 18 1,500 10,000 70' 115' n.a. 25' 10' 25' 3.0 30' 75% MH Mobile Home (Minimum size of mobile home park - 40 spaces) 2 1 20,000 20,000 100' 125' n.a. 30' 10' 25' 2.5 30' 30% C-PO Professional Office Commercial n.a. n.a. 7,200 100' 120' 1 acre 40' 15' (E / F) 10' (F / I) 2.0 35' 40% CN Neighborhood Commercial n.a. n.a. 10,000 100' 120' 1 acre 40' 15' (E / F) 10' (F / I) 2.0 35' 40% CC1 Village Retail n.a. n.a. 15,000 150' 120' 5 acres 40' (D) 15' (E / F) 10' (F / I) 2.0 35' 50% CC2 Shopping Center n.a. n.a. 20,000 150' 120' none 40' (D) 15' (E / F) 10' (F / I) 2.0 35' 60% CC3 Highway Commercial n.a. n.a. 10,000 150' 120' none 40' 15' (E / F) 10' (F / I) 2.0 35' 70% ML Light Manufacturing n.a. n.a. 10,000 100' 120' none 40' 15' (E / F) 10' (F / I) 2.0 35' 60% PUD-R Planned Unit Dev. - Residential n.a. n.a. 13,000 " 100' 120' n.a. 30' 10' (H) 25' (J) 3.0 30' 50% PUD-C Planned Unit Dev. - Commercial n.a. n.a. 7,200 70' 115' n.a. 40' 10' (G) (K) 3.0 (C) 35' 50% PUD-I Planned Unit Dev. - Industrial n.a. n.a. 10,000 70' 115' n.a. 40' 10' (G) (K) 3.0 30' 50% ' Maximum residential density is the number of dwelling units per acre, not including streets, alleys, or public space. R-MF zoned after June 16, 1981 - four units per building maximum. " 16,000 s.f. average Small Lot Subdivision Comparison Max. Lot Open Approval Subdivision Lots Min. Min. Min. Ave. Density Coverage Space Date Width Depth Size Size % Villas of Caldwell 43 59 115 6,594 7,408 3.7 dua 50% 18.3% 0-97-1062 Creelc 4.1.97 Bridges at 0-99-1192 32 56 106 6 001 6 479 3.0 dua 50% 24% Riverwallc , , ~ 1221.99 Riverwalk at 53 60 115 6,331 7,666 3.2 dua 50% 20% 0-00-1210 Colleyville 4.4.00 Rosewood 53 59 110 6 482 6 899 3.6 dua 60% 21.4% 0-01-1286 Villas , ' 8.8.01 Emerald ~2 60 120 7,200 7,508 3.5 dua 50% 19.6% 0-02-1366 Park 10.1.02 Tiffany 0-04-1487 25 60 100 7,200 7 580 ' 3.5 dua 50% Zp% Park 1021.03 Tuscany 35 60 110 6,600 7,878 3.9 dua 50% 6.6% 0-04-1442 2.17.04 Cambridge 0-04-1467 Place 38 50 58 4 500 ' 5 300 ' 4.2 dua 60% 22.0% 7.6.04 Villas at 90/95 2,700 90% 0-06-1584 Oak Pointe ~4 30/56 115 6,440 5 000 ' 3.7 dua S8% ZZo~o 8.2.06 Coppergleil 22 55 105 5,924 6,650 3.9 dua 65% 20% 0-06-1595 10.17.06 Villas of 67 59 115 6,655 8 936 3.4 dua 60% 21% 0-07-1627 Colleyville ' 821.07 Enclave at Arbor 16 65 120 8,700 9,350 2.9 dua 50% 19% 0-07-1634 9.18.07 Estates Creekside at 269 50 105 5 000 7 257 ' 2.4 dua 65% 20% 0-07-1645 Colleyville ' 11.27.07 Somerset 5,000 0-08-1672 ~~ 50/60 100/110 6 000 ' 4.0 dua 50% 20.3% Manor 6,600 S.6.08 Colleyville 16 75 100 10, 000 10,189 3.1 duci 35 % 3. 9% 7. S. 06 ei lrts ORDINANCE 0-11-1800 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 4.7 ACRES ON LOTS 1-16, BLOCK 1, OF THE COLLEYVILLE HEIGHTS ADDITION, FROM THE R10-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUD-R-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC 11-008; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-11-1800 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 4.7 acres on Lots 1-16, Block 1, of the Colleyville Heights Addition, from the R10-Single Family Residential zoning district to the PUD-R-Planned Unit Development Residential zoning district, as depicted in the attached Exhibit "A" and described in the attached 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: 'I. GENERAL a. The purpose of this PUD-R is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 3.2 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The street layout and arrangement of lots of the subdivision shall be consistent with the final plat, labeled as Exhibit "C". 3. PERMITTED USES a. Single-family residences, detached b. Common open space area 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size 10,000 square feet Ordinance 0-11-1800 Page 3 of 4 b. Minimum Lot Depth 100 feet c. Minimum Lot Width 75 feet d. Front Building Line 25 feet e. Side Building Line 8 feet f. Rear Building Line 20 feet 5. OPEN SPACE a. This development shall provide not less than 3.9 percent common open space, which shall be contained on Lot 16 as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the Homeowner's Association. 6. SIDEWALKS AND PATHWAYS a. Sidewalks shall be required along both sides of Regina Court and shall be installed when any new structures are built on the lots. T. OTHER a. With the exception of Lot 8, all homes constructed in the development shall be installed with an automatic fire-sprinkler system approved by the Fire Marshal. b. Any residence constructed on Lot 1, Block 1, shall be limited to a height of one story. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that Ordinance 0-11-1800 Page 4 of 4 this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map tir"~ 7L~f ??u~ ~ ~ a t ~r~ ~ ~7=~ , ra.is I ~~-= ~ c~~ ~ rr~ ~ r i~ I a~a r ~ ~ ~a1 " ~ ~Gd ;,~~ ~~ ~ ~ ~ - RiC+ ~~,~: h:= T~i '~r5 ~ - ~ i _ _ . I '-4 Va~. i~~.':1 'itil r+'~• ~' ~~ ~ L r ~ Gt~ e~ . i 71I~~ "~ ; I~. ~.,c ~~:? r'i_ -~~ i~.~r I'. ,.,., '~ . e~ f~'JE• ~ .~ Site; tc~lley~aiile ~ ~"~~Eg~l~S ~i~~f~l4fi °- ~~ ~ P~k Ihll~~'i I „ I ^ ` _ ~ ~`-.~'~ r~,~, ~ CN ~~ii T I .] :T,~~~.A ~11 Ti:" r1~ ~ai R1.,k ~3F:p ~ ',;'r, l ~ ~r 1 :,~~ 1 tl~,~'i ~~,:~r. r~, 4~ ^f li '.,~,~y,l ~ ~~ I ~s , '.~Y~ {. r` • ~~ ~1'a /' ~ ~ ~TN ~ :~~~~~ EXHIBIT "B"- Statement of Planning Objectives ~Cr~lleyyurille M~i~hts i~ ~ new h~me su'~~d'r~risic~r~ ~I~~r~lc~ped by ~~olleyuille Heig~ts, I.L~. #~ 2.Or0~7, Pr~lrt~n L~~tl, ~ srsf~r ert~m~~nyr c~f C~I~is Cu~t~irn ~IpRn~S, Pur[h~s~d I~tS 1-~ ~n~ I~ts 9-1.~ fe~r the purpose of ~~w re~iden~i~~ ~ar~str~eti~~. The er~tire pra~p~rty ~~nsists ~f 4.735 ~eres lacat~c~ on the a,~es~ side c~f P~e~sant Run, n~h of ~er~tr~l S~r~et and s~ruth ~af ~horrf~s Street, The prop~r~y is curre~kly ~atilixing the ~Gity vf ~olleyv~IM~'s R10 aoning, There afe fi~e (5~ ne+~y eon~#ructed ham~s by ~ai~is ~~ast~rr~ HomeS. one (1~ h~am~ ~~rr~r~ly under c~nstru~ti~r~ hy J~'K ~uilderts, the d~+.~la~er~ existir~g hr~m~ ~~p, eigh# ~S} lots ow~~d hy h+lirs~ra L~nd, and +~ne ~1~ lak +~~u[xt~c~ to op+era s~aace & dY~ir~~~~. !Cws#c~m~r L7t~xko~rap~r~[ ~7~ar potent6al tu~~tote~~rs, as v~rell ~sa nurr~ber oft~,rre~t h~m~ n~~t~up~nts, are'e~npty nesters'e The~ ~r~ ]ca~skin~ for ~irr~~e s#ory ~rme~ betaveen 3,5~[] ~nd ~lx~ S~~F~ Ifl 2~CI9tlQI'It the+~ tr~uel fr~equ~errtly i~n~ ~usi~ess, t[l 4'k51t ~F12f1~5 ~f4~ f2rfll@~, and far ~racati~r~s, f~~qu~st~ng the ~~ning c~r~~ge i~ ~ic~n~ i~ large pa~'k t~ r~~eet ~h~~ ~h~m~ d~s~gn ~nd se~c~r~t~r ne~eds v~ c~~ur ~urren# ~r~d ~€~t~rt#i~l eust~m~rs. Pra~os~d t+~t C~~rerage '~e ar~ pPC~p~sing ~ r1~w m~ximum I~t ~~rs+e~a~~ ~f Si~~Y ha~~[3 upon #he f~llawr~ng fackt~rs_ T'J~e prc~~erty is surr~ur~d~ed t~y vld~r h~mes ~n larger I~ots that are als~r ut~Cwzin~ #he City of ~o~I~y~iNle'~ ~k1~ ioni~~. T~,e ~.lt~ z+~ning pr~aides i~r a maxirn+arr~ ~ot couera~~ ~a# ~5~'v. Th~ ~~~ f~~xirn~am ~4~ e~v~r~g~ ~~~ s4lffy~~~nt ~0+ y~ars ag~ wh~n n~wly e~na~structed le~nm~s were much smaYler than ~~w ~~m~s tod.~y. In ~~id~ti€~~n, I~nd ~rras rrti~r~ pl~~~tiful y~afs ~~t~ ~nd the lot sfz~~ w~er~e r~uth I~r~~r, ~Fae ~r~~binati~on of these tvwv f~,~t~rs. has cr~at~d a xar~in,~ ~las~ifi~at~~rr ~h~t wg ~~lieve is tv~a r~~[~iGtiv~e f~~ n~w ~SVme c.onstruction. The siz~e ~ryd ~n~ sk~ry harrte desi~n requests ~af our ~urren'k ~~astamer dem~r~ra~hic ~5 c~utlin€d ab~pv~. •(~ther n~wu res~der~t~~f c~nstr~uct~on ~u~ad~+~ls~ans in Colleyvalle ~re ~e,rtenlly utili~~n~ the PUD zar~in.g ~~th ~ m.~x[mt~rn I~t c~a~er~ge in exc~ss ~f ~(]'YG ~ Vil~as vf ~vlleyt+ill~ c~ '~il~~s ~t ()~k P~irtt ~ C~rnbridg,~ Pl~e~ • The interpr~#~tivn ~n# ma~cimum I~k [~uerage ha~ ~han~ed at the ~ity_ ThiS ~h~n~~ accu~re~ ~~#er th~ cornpleti~an of the first f~ur newly~ canstruR~d honies in the subdi+r~si~n, Th~ cl~ange ln ir~t~rpretatl~n ~as rrr~de the 35~'~ maxirnurro I~t r~vera8~ rnor~ r~s~r~cti~+~. Prop~~~d Se#-backs 3!~!~ are pr~pasinp ~~ew maxlonum frorr~ y~rd depth ~f 25' ~nd a new rna~imum re~r yard de~ath nf zC~' t~ased up~n th~e fcrlla+nvirag fact~rs: ~ l~ eh~~ange in xhe fr~r~~ ~nd re~a yard depths is ne~ess~ry in order ts~ prouide tt~e requested ~~9~, rr~aa~imu~n ivfi ea~~+erage. 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I c~<-: x ~ c,i~rc ,sa,m~. ~I ~a,' tsf-i~s ~ f I b'~r.°c"" ,,.~..~,,.r... ~, . srhicaro~~+, i IvL+JT'Cfrnrin,+rr ~ .u ~•ar~~.uv-.~iwe.v+~w~JU..ail.~lv..ya~i~'F:-iR.K+.~+.~ P'~I . e Sr~M~'T.T.~~~P~a.i..sa~u~r~a r~en ~ sKwrJ.k~l r-r-~ty~s~rr~m~nY'Me.~•.__... +~+'~~~.~.~.~'r'.u:;.,.~` ~o"_=:,-- .,s~ .~.-. . ,r, .,r, ~ o--.~~.+.. ~ ~. ..~.... r . : .~..Aw -=~,~~.l~,-......._ ... ... ,. 'I,~ ~:. ~.~.y ~ ,~1 wo~w'~~~JJdhr.e~ a^.u6 ~G+'yVOfd. . __ . . -~-ar ..-.s. ~.. .~ ~ ~. p~ . ~ .~ ~C,.,• s..~`d~r.~ . C•~dv F.+~~r~'aa~. - ..k . ,g-~6-~+ ~~~~~~r~,xi~l~ ~I~i~~~~~ ,~~-: : . ,„ ~ si i ~ i~, ~ i,t~ ~•. ~ . ~ a.~~d~ i. ~.~ ~~ •. , ~ . .. .. ~Nlk~'41L~FFlFIfHfS ~!-Ib ~ _ ~ ~ ` , IV ,1 ~• ~ V ~ 1"F Date: ~/2/!I SPEAKER CARD -T ~ 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 ~ ~ Agenda Item Number: ~_ Ordinance/Resolution Number0-~~-/8d0 Name: ~'I ' G~ ~-~ l~ ~-l ~ Address: .S,~.3 2 b~~~yd~ l~~ gr~~. City: ~~~4,v~ ~~~- State: ~ Zip Code: 7~° 3 Telephone Number: 8/1~ 2S~- ~J~ Representing: (organization/self) ! understand I am limited to speaking for five minutes. For business not Iisted on the agenda as a Public Hearing, City Council will not respond in accordance wifh the Texas Open Meetings Law, Chapter 551 of the Texas Loca! Government Code. ~ Signed: This information is a Public Record. Date: ~,2 ~~ ,~'t' SPEAKER CARD I will speak In Support of this item. , I will speak In Opposition to this item. ~ ~' I do not wish to speak but please record m: support ~ ~~ ^opposition Agenda Item Number: ';~~ Ordinance/Resolution Number:~7-~~ Name: ,C,~!/~~,tJ .~J, Address: l~/7 Cit /~ ~ y: ~ //L~~:~ State: Zip Code: ~ Telephone Number. ~!'~ ~l ~f~~~ Representing: c~L~`-~ (organization/self) nderstand 1 am limited to speaking for five minutes. For bu iness not liste on fhe agenda as a Pu6lic Hearing, City Council will not respond in accord nce with the T xas Open Meetings L~w, Chapter 551 of the Texas Local Government Code. 1 /- . > Signed: _ ~ is a Public Record. - - ~ ~ ~ LOT 8 ' LOT7~ - - ~ ~/ ~ ~ / ~~ ~ LOT 9 ~ I ~j / ( i /~i~ ~ I/ / / ~~~ ; EX 2-STORY 3,500t S.F. I ~' 825 REGINA CT ~ ~ ~~ ~ ~ ~ 0 50 100 Scale in Feet ~ - - - ~ ' ~____ LUT~6 ~ ~- ~ ~ ~ ~ I ~ ~ - - - - LOT 5 I LOT 4 - C~j.~~---- ~ 10 T ~ ~ ~ I LO1 ~ - LOT 12 LOT t3 ~ LOT 14 ~ ~ ~ ~ / ~ ~ I ~ ~ ~~ , ; - ,/ ~ ~ ~ ' ~ , ;~,~~~; //, % . EX 1-STORY i ~ ~ 2,800f S.F. j 813 REGINA CT EX 2-STORY ~ 3,700t S.F. ~ ' ~ / ~ ~ ~ ~ 809 REGINA CT ~~ ~~ ~ , 4,OOOt S.F. I ~ 5808 REGINA C i~ i~ ~~ - - - / ~~, ~/~% ~ ~ „ ~/ i ~ 25' BL ~ ~ ~ ~ ~ ^ EX 2-STORY 4,200t S.F. 808 REGINA CT ~ m m f ~ ~~~ ~ ~ TYPICAL ~ ~ i ~ SETBACKS , ~, ii~ I ~ /~' ~ ~ 30' BL ~ LOT 3 I LOT 2 LOT 1 ~ - - ~ ~ ~ LOT 8 ~ LOT 7 ~ / - - ~ ~~ ~/ / ~ ~ LOT 9 ~ I ~j / ~~~ ~ , ~ ~ i/ i // /~ '~ EX 2-STORY ~ 3,500t S.F. 825 REGINA CT i ~ , , ~ / 0 50 100 Scale in Feet ~ ~ PORCH PORCH ~ PROP 2-STORY ~ ~ ~____ L0~6 ~ 3,021 S.F. PROP 2-STORY 3,594 S.F. -r7 ~ LOT 5 I ~ I LOT 4 N - -~~ GOj.. _ T 'LOT 10 \ r ~ i ~ I LO1 ~ - ~, ~ ~'L / ~ 25' BL ~ ~ ~ EX 2-STORY ' ^ 4,200f S.F. ' 808 REGINA CT ; m m~ ~ ~~ ~~ i ~ TYPICAL ~ ~ i~ SETBACKS ~ i ,, „ '' ~~ ~, ~, / 30' BL ~ LOT 3 I LOT 2 LOT 1 ~ LOT 12 LOT 13 LOT 14 ~ I ~ ~ ~ , , ~_ ~ ~ ~ , ~ ' /, EX 1-STORY ~ ~~~ ,, ~~ ,~'! , ~~ ~ 8138R~GI A~CT/ ~ EX 2-STORY ~ 700t S 3 F ' ~ ~ ~ ~ ~ / , . . 809 REGINA CT ' ' 4,OOOt S.F. ~ 1 ~5808 REGINA C - - - / ~i / ~ ~ COLLEYVILLE HEIGHTS ADDITION SMALL LOT SUBDNISION COMPARISON SUBDMSI4N MINIMUM ~OT AREA MAX. LOT OVERAGE ALLOWABLE BUILDABI.E AREA ~S.F.) (%) (S.F.) Vilas Caidweil 6,594 50.0% 3297 Bridges Riverwalk 6,001 50.0% 30Q1 Riverwalk Colleyville 6,331 50.0% 3166 Rosewood Villas 6,482 60.0% 3889 Emerald Park 7,200 50.0% 3600 Tiffany Park 7,2Q0 50.0% 3600 Tuscany 6,600 50.0% 3300 Cambritlge Piace 4,500 60.Q% 2700 Vllas Oak Pointe 6,440 58.0% 3735 Copperglen 5,924 65.0% 3851 Viilas Colleyville 6,655 6D.0% 3993 Enclave Arbor Est. 8,700 50.Q% 4350 Creekside Colleyviile 5,000 65.0% 3250 Somerset Manor 6,600 50.Q% 3300 Heights 1D,000 35.0% 3500 COLLEYVILLE HEIGHTS ADDITION ~ ~~ EXISTING LOT TABLE ~-QT LOT AREA POTENTIAL BUILDABLE AREA ALLOWABLE BUfLDABLE AREA (S.F.) (S.F.} (S.F,J 1 10228 4627 358Q 2 10078 4543 3527 3 10078 4543 3527 4 10Q78 4543 3527 5 10119 4414 3542 6 1025Q 3859 3588 7 10000 4816 3500 8 12450 5844 4358 9 10996 4581 3849 10 13200 5981 4620 11 10432 4062 3511 12 10096 4496 3534 13 10078 4481 3527 14 10060 4467 3521 15 10041 4452 3514 File Number: 0-11-1801 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-11-1801 File Type: Ordinance Status: First Reading Version: 1 Requester: Community Development Department Agenda Date: 08/02/2011 Agenda No.: 6b Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit to allow for horses on Lot 6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie Road, Case ZC11-010 Attachments: Location and Zoning Map • Notification List • Buffer Map • Applicant's Request • Zoning Exhibit • Grazing Area • Ordinance 0-11-1801 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/11/2011 Planning and Zoning Commission 1 08/02/2011 City Council Title Approval of a request for a Special Use Permit to allow for horses on Lot 6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie Road, Case ZC11-010 Explanation First Reading and Public Hearing Charles Lowrance, property owner and applicant, is requesting a Special Use Permit to allow for two horses on 2.2 acres on Lot 6R1, Block 2, of the Reagan E states Addition, located at 5514 Lowrie Road. The applicant is seeking this request in order to keep horses on the subject property. The Lan d Development Code allows the boarding of horses on properties zoned R30-Single Family Residential district with the approval of a Special Use Permit (SUP). Existing Conditions. The property is currently developed as a single family residence. There are currently no horses on the subject property; however, the property owner has kept horses in the past. Therefore, the applicant was unaware that horses were not allowed in the R30-Single Family Residential zoning district without the approval of an SUP. Grazing Area. The Land Development Code requires that each grazing animal must be provided a minimum of 15,000 square feet of land for use as pens, stables and grazing. The applicant has indicated that the grazing area provided exceeds the minimum 30,000 square foot grazing area requirement for two horses. Fencing and Screening. An approximately 4'/2-5 foot split rail wood fencing separates the City of Colleyville Page 1 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-18011 grazing area from the home. Along the north and west property line, a combination chain link and wire fence exists. The Land Development Code states "Fences for pens, corra/s or similar enc/osures shall be of sufficient height and strength to properly retain the grazing animal(s) on the premises. " Surrounding Properties. The surrounding properties consist of single family residential uses. The properties to the north, south and east are all zoned R40-Single Family Residential and are currently developed as single family residential uses. The property to the west is zoned R40-Single Family Residential and developed as Reagan Park. Development Trends. The development trends in this area primarily focus on single family development. Public Notification. Staff mailed notices to 13 adjacent property owners regarding this request and a courtesy notice to the City of Hurst. Notice was published in the Fort Worth Star-Te/egram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the July 11, 2011 meeting by a vote of 7-0. Summary. The proposed use of private horse stables for domestic use complies with the future land use designations of the Colleyville Master P/an with the approval of a Special Use Permit. Financial Impact There is no financial impact to the City. Recommendation Approval subject to the provisions listed below, which are also contained in Ordinance 0-11-1801: 1. This Special Use Permit (SUP) hereby allows no more than two (2) horses to be boarded on the subject property 2. The horses shall be contained in a completely fenced area that is no less than 31,000 square feet in size located on the back portion of the property. City of Colleyville Page 2 Printed on 7/29/2011 Location and Zoning Map 6Q5 570{] 56D9 ~ 5~fl8 5608 729 3 R40 ~~~~ 56D4 ~ ~~Q9 SBOD 56OQ ~6'C3~ R40 ~ 56~~ - Site -- - ~ R30 5~16 " R40 I ~~ 1 ~ 5514 ~~.1z R40 ~[l9 909 5509 ~~C~B a5Q8 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Colleyville, City Of 9001 Airport Fwy Ste 675 Fort Worth TX 76180 000709 W Ld Locl<ett Rd Colleyville, City Of 9001 Airport Fwy Ste 675 Fort Worth TX 76180 000729 W Ld Lockett Rd McCann, R E III Etux I<atheryn 5604 Lowrie Rd Colleyville TX 76034 005604 Lowrie Rd Rawson, Michael P Etux Lori J 5600 Lowrie Rd Colleyville TX 76034 005600 Lowrie Rd Rawson, Michael P Etux Lori J 5600 Lowrie Rd Colleyville TX 76034 005600 Lowrie Rd Rawson, Michael P Etux Lori J 5600 Lowrie Rd Colleyville TX 76034 005600 Lowrie Rd Becl<um, William W Etux Betty 5601 Lowrie Rd Colleyville TX 76034 005601 Lowrie Rd Lennox, David Etux Cynthia 5516 Lowrie Rd Colleyville TX 76034 005516 Lowrie Rd Barton, Ricl< R Etux Jeri 5513 Lowrie Rd Colleyville TX 76034 005513 Lowrie Rd Sellers, I<athryn R 5512 Lowrie Rd Colleyville TX 76034 005512 Lowrie Rd U S A 2601 Meacham Blvd Fort Worth TX 76137 000909 W L D Lockett Rd Wing, William W III Etux Sharo 5509 Lowrie Rd Colleyville TX 76034 005509 Lowrie Rd Fry, Duke Est Etux Patricia 4816 Lal<eside Dr Colleyville TX 76034 005508 Lowrie Rd Fry, Dul<e Etux Patricia 4804 Shadycreel< Ln Colleyville TX 76034 005508 Lowrie Rd City of Hurst, P&Z 1505 Precinct Line Rd. Hurst TX 76054 courtesy notice Lowrance, C W, applicant 5514 Lowrie Rd Colleyville TX 76034 005514 Lowrie Rd Public hearing notices were mailed on Thursday, June 23, 2011 by Amy Shelley. 200 ft. Buffer Map - ~~~ . ~~~ ~ .. _~;~ ~, ;_~~ gt5 ,'.ew _ ~ ' S83t7 ~3G~ , ;~EJ4 `3~"s ~ nr 3 ~ 52L0~ ~ I -- . ' 1a "~ - _ ~ ~ ~ I 57G 7G~ 7~i E~ig 5Q3 7p: ~di 570E~ S;G~ v7~^ gr~E 5pl =~~ . EUS 6fl1 57pp ~-Ttin ~5e9 56i3 `~*.ic~. ~:_.'17 `a1~ :S~E :576 5n~7 ; 2~+ ' r~y ~fL9 56t~ ~ :~13 ~1~ . f~'~'~ ~665 Sc~A, ~Gt ~"~. =.K; Sn~7 5565 ,~3 ~pa ' °` `.+~5SYG =E~ ~ s~ 1 5nbS S5L•?. 56es SE~~ . I ~ _5~7L~ .. - -"~, ~6L~5 ~~'r `_-5'_' S5?~ v5^5 ~ I S'S"'_'r 4' y jc x~ 5=.7d 1l' ..SIF 5"al 55Q 553=. =51~ ~,0 ~D` , 9Q3 rr' 7,~ _ 4 ~`+C38 ~ ; S{I7 S~la 5505 c5R . ~ ~~.,,, ~.,,o Applicant's Request ~~ ~~ c~ cS~G'i~'~ ~.~y ~ ~'i`~7~ ~ ~ ~ ~~ ~ j' ~~ ~~ ~~ ~~~~~ ~ ~ ,f ~~~ ~~~ ~ ~ ~~~ ~ ~1'~ ~ , ~~~~~ ~~ ~~-~~''.,c~~ ~~ ~~'~~~Z'.~1`z° ~~ ~ 7~ ~ , I'~1 ~',~,~~'~ ~ ~~~~ ~~~~ ~ ~~ ~ ~ ~~~~ ~ ~ ~~ _ ,',~i' ~;~'1 .,~~ ~~'- ,~-~'~ C'~`,~'~ /~~~' ~ ~, ~~" ~~ ~~ ~~ ~~ ~ ~~ ~// ~5~' ~'~'.~'~'lr ~ - ~ ~~~~~~ ~'~~~s~ ~~~.~j~~" ~-~~~~~t"/ L%~:./. ,,~~7 ~,C.~' 1`~ ~'"1 ~ ~-~°, Ll ~' S ,~ ,~' ~ Zoning Exhibit f ~ 74.33' I N89'4751"E 148.77' ~` N89'54'41'F ~ ~ ~ ~"isT'ku..~ - ~-- _~- vr I i ~ ~1~' BU~tiG UN - - - - - - -~- ~ ~ ,~"" ~ ~ ~ ~ I I ~ ~a'r s- - _ ~ ~ ~ ~ 3b: ~ ~ I Q ~ 3 m ~ ~ i I '~ ~ ~ ~5514 1.QWRIE RD. Q ~ ~ ~ ~ ~ ~ ~ ~ ~ ~' ~ LC}T fi-R ~ ( EAST C~ ~ ~ 1 STORY BRICK HousE ~ 0.00 ~+ ~' ~ 81.8' S. 18.5 ~'~. 8~'I O SE' d j~ I ~ r ~ ~ O' W 4 ~ ° ~4.~.3' ~! ( ~ ~ ~ ( ~ ~( ~ N89'~5'03`E 229.71' ~ ci) ~ 4 I s~.y' ~ c~ ° ~ I '~ ( ~e Q _.._~~ ~~ ~a ~ar ~ ~ ~ ~ ~t.#' ~~r~ ~ 334.t}4' ~, ~ ... 'S89~55~03"W .4'` ,,~. ~ ~ I ~ ~ ~ 1C~ ~, I ~~ ~ ~ ~ ~~~ 1".i I~ zl ~° ( ~ ~P !ni In ~I ~ I 0 3 3 i ~ ~~ ~ i N ~ ~ i~ ~ ~ ~ ~ ~ ('~~ ~ ~ ~ ~ ~ ~ ~i i ( (°~~ ``' ~ i ~ 1 N ~ ~~ i_I -,~` e~.oE~c ur,E J N . ~ Z ao'g g~v. ~ - - -- - - - - ~ v~i ~ 148.07' 589~1 "44"W ~ ( w NOIES: Easanant far r(ght-of-way grantad to Texas Electrle Savice Company by &~strument rocord~d Yolume 1296, Poge 273, ot the Deed Reaards af Tarrcnt Caunty, Tmcaa dc~ea nat offact tha ~bjact property, 4 ~~, 1~~, Eas~rSatit for Nght-of-way grorrted to Taxoa El~trtc Sarvice Cornpany ~.~ by fistn~mant racarded Vaiume 1990, Paqa 48t, cf tha Daad Rd~crda of Tarcont County, Te~cca can~ot 6e plattad b~cuee deacNptian is ta vcgue. Howa~r we sae no evidence thot tt att~ta eubp~t ~o~a~ty. GRRPHIC SCALE IN~~F~F~~E~ ~. None of tha ~bJect proparty {s with(n ths t00-yeor flaad ptctn. The ~~ W subject prop~ty Is w1thM `zone X', cn 9roa deterrnfnad to ba cutsfde the SOd-}ear fioadploin boabd as #ha Fed~ol Emexgency kicnag++ammant ~~ Ag~cy Flacd Insurance Rate q~p numhee 48439C0195 H, do#ad 8-02-95. ~~+ ~~ ~ ~ COMPA~i~' SURVEY OF LOT 6-}2-1, SLOCK 2 dF REAGkN ESTATES, BEIMC AN ApDIT1QN TO TN£ LLE1'ti1lLE, TARRANT COUNTY, 1EXAS AGCORDING TO TtkE PtAT AS RECORDEd fN CA8{NET A, SIJDE 31~~~:THE 0 T COUNTY, TEXAS. The undersigned daes hereby aartify thot thie ~urvey was this day made ~ o~ the g~nd of the property Iegally deeciaribed an thks ~rvey ~nd 1s ~~~q~~~ ~ I~~~~a corroat, and that thareare no visible di~apancies, ca~fitcta, ehortagea u ~ la oret~, bcundary Ilne can8icts, ancroochmenta, owrinpping af ~nprova- REGISTERED PROFESSIQNA~ m~#a, aast~nente or rtghts-af-way thot I have be~ mada oware of, acc~t aa ahown •on this aurvey, and that the ~afd pr~erty haa acoasa co end ftom a dedicqted roodwoy. LANL~ SURVEYCtiRS pated Shis tfie 3rd day ot February t99i. RE~EIVED MA'{ ~ 7 ~q19 Per ............. JOB ~i{~,: 519-6-96 RATE: t}2-Q3-9? CQG~ FILE:519-REAG ACA[? FILE: 519-TIT~ DRAWN BY: L.W.~. COMPUTED BY: S.~.S. CHECKED BY: S.G.S. Grazing Area Grazing Area = 7~.33' 31 000 square feet ~ ~ # ~ ~ I ~ ~. _ - r ~ C ~ "1~.~ y.l u ~ ~ I ~ ; I :~. ~ I ~ 1 ,_ ~ ~ d ,~ ~ ~ ~c~T s~-~ ~ ~ ~,~.s~~ ~ ~ ~ ~~ ; ~.a~~' ~ ~ ~, , ~ c, ~ k~' ~ :~ # ~4~ va ~ i ~" ~] ~ ~ 4 `~ ~ ~ ~ ~.~~~ ~k ~ , N89'S5"~3'E i22~_7?` I r° ~~ ~ ~ ~ I ~ ~ ~ ~ ~ - ~ ~3 w s~ _ ~ ~ ~ ~ ~ ~.~~~" ~S~- f"V ~,~ r. _. ~ ~ ~ ~ ~ ^~ ~l ~ ~'41.~~~~ ~ I I '' , `` I ~ 33~4.~4' S$~~~~'03"W .~-~ ~. ~ ~ ! s I ,.~-~ :i a ~I~ 1T wl ~ I ~ -~ . ~; ~ ~ •r ~ t.C~ ~ ~, ~ ~ ~~ l~ ~I ~ ~dj~ ~ ~ ~ ~ ~ri ~~' ~[ ~ i ~ G ~ _~ ~ ~ ~ i ~ ~ ~ I ~ ~ ~ ~~ . :a ~~ , , a ; ~ M i ~ i~f ~ ~~ ~ ~ i i ~ ~ ~ ~~ ~, i ~ ~ ~ ~ 1 ro• ~ui~~r~c u~~ J . ~ ~ ~a~ ~, ~ ~:~.~ - - - - _ 1 F ~ ~`` ~ ' 48.~07' ~€3~'SS `4-4" 4Y ~ ~ ~ ~ ! ~ ' ~ f ~ ~a, 7~' ~ r~~es-s~'~t'~ r~~~•~~'~t "~ , - -~ SZ~ I \ ;~ , ~ ORDINANCE 0-11-1801 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW TWO HORSES ON LOT 6R1, BLOCK 2, REAGAN ESTATES ADDITION, LOCATED AT 5514 LOWRIE ROAD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. ZC11-010; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-11-1801 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit to allow horses on the premises of Lot 6R1, Block 2, Reagan Estates Addition, as depicted on Exhibit "A" and shown on Exhibit "B". Sec. 3. THAT the above described tract of land shown on Exhibit "A" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. This Special Use Permit (SUP) hereby allows no more than two (2) horses to be boarded on the subject property. 2. The horses shall be contained in a completely fenced area that is no less than 31,000 square feet in size located on the back portion of the property. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires Ordinance 0-11-1801 Page3of3 that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: Cynthia Singleton, TRMC , CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A" - Location and Zoning Map i ~- ~~~ i ~; ~ ~:i 1 !I , _. . : i ~~ ~~ + i 56{]~ ~fil~~ ~ N 7~~ ~ I ~ - ~`~~ ~TM~~ ~6D.. ~~ ~ ~~ ~6~f~ ~~9 - ~~r~~ ~~0~ ~a~ }~~~ ~ ~ ~~r _ I _. , ~~I ,~: _ ~~~~ R~#i6 5~ 1:~ ~~ '~,.~ ~~ i ~ ~ 5~ 1 t ~ IR~r ~0~ 9~9 v~n~ ~` i ~~ EXHIBIT "B" - Grazing Area c,~~ir~r~ ,~r~a 7x.t~" ~'~,d~{9Q s~ua~-e f~~# ~ ~ "ti$~'<7"51`: '4~+:;~~f' _~'~` N~~'S4°da`. _o ~' - '.:°~a~ ~'~ ~ ~ : - - ~ ,~ ~. f~ ~ ~,:~ e,~,~ d. _ j ~/-' _ ,l~a~ n ~> I ~ ~ ~i _ ..~`~I ~ ~ ~ I ~ ~ x~ ~ ~a~ I ~ ~ ~ y` Y"_* G~4., ~:i. ~y a ~, # s 5? F~ ~_ ~' ~--~} 6~ p ~~ E~°4a T '~' ~ ~.~W" ~ ~ ~ ~ p ~ UY,Q~ {~~, '~I.'~ I "~FN ~ $'`~ ,+~' i~- t ~~~: G~ ~~` I '~} ~j ~' ; ~ ~' ~ ~ , .'~ ~ F ~M _ ~ ~ ~ 51.~- ~ . ~~~'~~. {~J~~ _~~~_ ~ ~~ ~ ~ ~ ~ I ~ ~ s ~ ~ , I C ~-Jr~. r ~~ - - y , ~ i ~ '~ ~ ` ~ ~ ~Q a~, ~ ~ ,~ - - ~ ~ ~. '~' ~ ~ , ~ , ~, I ~ .~$A.C}A~ 58~"~`~~~3 4'4 '~~ ~ J ~ ~ y ~ ~. ~ ,~ ,~ - ~~ ~~ ~ ~ ~, ~ ~ ~ ~ ~; I ~„ ! ~~ ~ ~ Ft C~ ~~ ~~ ~ i ~ E ~~ ~ , k1a J , Gt ~ S7 ~u ! ~ ~ . ~; I - ~ ~ ~ i ~~ I ~ V- a~1 ; ! i`~~;r ~ ~ ~ ~ ~ M ~ I -~ ~ tl IqF u~~~~~~IL _eN~ -i ~ ` ~ I ~I ' ~G+.: ~,~ °-'~F _. _ ._ ._ ~ y4 '~" '#.B_4'97'~ ~!'~"~7~~.~4~V~ '+~ _~{ ~ ~ , File Number: 0-11-1802 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-11-1802 File Type: Ordinance Status: First Reading Version: 1 Requester: Office of the City Manager Agenda Date: 08/02/2011 Agenda No.: 6c Controlling Body: City Council Final Action: File Name: Approval of a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's fourth Rate Review Mechanism (RRM) Attachments: Ordinance 0-11-1802.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/02/2011 City Council Title Approval of a negotiated resolution between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corporation, Mid-Tex Division (Atmos) regarding the company's fourth Rate Review Mechanism (RRM) Explanation First Reading and Public Hearing The City of Colleyville, along with approximately 154 other cities served by Atmos Energy Mid-Tex Division (Atmos or Company), is a member of the Atmos Cities Steering Committee (ACSC). On April 1, 2011, Atmos filed with the City an application to increase natural gas rates pursuant to the Rate Review Mechanism (RRM) tariff approved by the City as part of the settlement of the Atmos Mid-Tex 2007 Statement of Intent to increase rates. This is the fourth annual RRM filing. The Atmos Mid-Tex RRM filing sought a$15.7 million rate increase. The City worked with ACSC to analyze the schedules and evidence offered by Atmos Mid-Tex to support its request to increase rates. The Ordinance and attached rate and RRM tariffs are the result of negotiations between ACSC and the Company to resolve issues raised by ACSC during the review and evaluation of ACSC's RRM filing. The Ordinance resolves the Company's RRM filing by authorizing supplemental revenue of $6.6 million to be recovered through the customer charge component of rates to cover direct incremental costs associated with a steel service line replacement program approved as part of last year's rate adjustment. All other relief requested by Atmos Mid-Tex is denied. RRM Background The RRM tariff was approved by ACSC cities as part of the settlement agreement to resolve City of Colleyville Page 1 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-18021 the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad Commission. Atmos Mid-Tex's current action represents an extension to the three-year trial project known as the Rate Review Mechanism ("RRM") process. The RRM process was created collaboratively by ACSC and Atmos Mid-Tex as an alternative to the legislatively authorized GRIP surcharge process. ACSC opposed GRIP because it constituted piecemeal ratemaking, did not allow any reasonableness review, and did not allow participation by cities or recovery of cities' rate case expenses. The RRM process has allowed for a more comprehensive rate review and annual adjustment as a substitute for GRIP filings during the three-year trial period specified by the tariff. There are two components to the current RRM adjustment. The prospective component adjusts rates for known and measurable changes in operations and maintenance (O&M) expense and net plant investment. Atmos and ACSC agreed to cap changes to expenses and invested capital at no more than five percent per year. The true-up component evaluates whether Atmos has over or under recovered its earnings for the previous year. For purposes of the RRM true-up component, the Atmos rate of return on equity and its capital structure are frozen to avoid the parent company from manipulating the overall rate of return. Costs expressly prohibited from recovery through the RRM include first-class air fare, travel, meals or entertainment for an employee's spouse, alcohol, sports events, entertainment, sponsorship of sports, arts or cultural events, and social club membership dues. Purpose of the Ordinance Rates cannot change and the Settlement Agreement with Atmos Mid-Tex cannot be implemented without passage of rate ordinances by cities . No related matter is pending at the Railroad Commission. The purpose of the Ord inance is to approve rate tariffs ("Attachment A") that reflect the negotiated rate change pursuant to the RRM process and to ratify a Settlement Agreement recommended by the ACSC Settlement Committee and Executive Committee. As a result of the negotiations, ACSC was able to reduce the Company's requested $15.7 million RRM increase to $6.6 million, allowing only incremental revenues necessary to cover direct costs associated with the steel service line replacement program approved by ACSC cities in 2010. Approval of the Ordinance will result in the implementation of new rates that increase Atmos Mid-Tex's revenues effective September 1, 2011. Reasons Justifying Approval of the Negotiated Resolution During the time that the City has retained original jurisdiction in this case, consultants working on behalf of ACSC cities have investigated the support for the Company's requested rate increase. While the evidence does not support the $15.7 million increase requested by the Company, ACSC consultants agree that the Company can justify an increase in revenues of $6.6 million, a result consistent with cities' approval of a steel service line replacement program last year. The Settlement Agreement of 2010, which included an extension of the RRM process also included an allowance for recovery of direct costs, excluding overheads, of the steel service line replacement program. Current year recovery factors of $0.15 for residential customers and $0.41 for commercial customers per month were authorized last year. The 2010 City of Colleyville Page 2 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-18021 Settlement Agreement contemplated that the steel service line replacement program would be adjusted annually, but shall be capped at $0.44 cents for residential customers and $1.22 for commercial customers each year. While the ACSC Settlement Committee did ultimately agree to raise the residential customer charge to $7.50 or $0.35 more than the current charge, there was a slight reduction to the volumetric charge so that the average monthly impact to a residential customer will only be $0.31. The increase in this case is less than the cap agreed to last year for the steel service line replacement program. The alternative to a settlement of the RRM filing would be a contested case proceeding before the Railroad Commission on the Company's current application, which would take several months and cost ratepayers millions of dollars in rate case expenses, and most likely would not produce a more favorable result than the outcome of the settlement. The ACSC Settlement Committee recommends that ACSC members take action to approve the Ordinance authorizing new rate tariffs. Steel Service Line Replacement Under pressure from the Railroad Commission to establish a comprehensive program to replace service lines that contain steel, which is subject to corrosion and leaks, ACSC worked with Atmos Mid-Tex in 2010 to establish a risk based approach to steel service line replacement that accomplishes the following goals: 1. Replace all service lines throughout the Mid-Tex Region with the highest degree of risk within two years; 2. Coordination between ACSC city members and Atmos Mid-Tex to minimize disruption of rights of way without compromising safety; 3. To minimize and spread the rate impact on customers of the replacement program, the service lines with little relative risk of leaks should be replaced over a 10-year period; and 4. Current recovery of incremental (above and beyond normal maintenance and repair addressed in RRM proceedings) direct (excluding Atmos Mid-Tex overheads) cost of service line replacement should be permitted as an adder to customer charges. Fulfillment of these goals in the 2010 case led to $0.15 and $0.41 added to residential and commercial customer charges, respectively. The annual customer charge adder to cover the steel service line replacement program may not exceed $0.44 and $1.22 for residential and commercial customers per year, respectively, prior to the entry of a Final Order in the next system-wide Statement of Intent rate proceeding. Financial Impact Settlement of this rate filing for steel service line replacement costs is estimated to result in an increase of $0.31 (0.66%) per month for the average residential customer (using 4.5 Mcf a month). Recommendation Approval City of Colleyville Page 3 Printed on 7/29/2011 ORDINANCE 0-11-1802 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, ("CITY") APPROVING A NEGOTIATED RESOLUTION BETWEEN THE ATMOS CITIES STEERING COMMITTEE ("ACSC" OR "STEERING COMMITTEE") AND ATMOS ENERGY CORP., MID-TEX DIVISION ("ATMOS MID-TEX" OR "COMPANY") REGARDING THE COMPANY'S FOURTH ANNUAL RATE REVIEW MECHANISM ("RRM") FILING IN ALL CITIES EXERCISING ORIGINAL JURISDICTION; DECLARING EXISTING RATES TO BE UNREASONABLE; ADOPTING TARIFFS THAT REFLECT RATE ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT AND FINDING THE RATES TO BE SET BY THE ATTACHED TARIFFS TO BE JUST AND REASONABLE; REQUIRING THE COMPANY TO REIMBURSE CITIES' REASONABLE RATEMAKING EXPENSES; REPEALING CONFLICTING RESOLUTIONS OR ORDINANCES; DETERMINING THAT THIS ORDINANCE WAS PASSED IN ACCORDANCE WITH THE REQUIREMENTS OF THE TEXAS OPEN MEETINGS ACT; ADOPTING A SAVINGS CLAUSE; DECLARING AN EFFECTIVE DATE; AND REQUIRING DELIVERY OF THIS ORDINANCE TO THE COMPANY AND THE STEERING COMMITTEE'S LEGAL COUNSEL WHEREAS, the City of Colleyville, Texas ("City") is a gas utility customer of Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or " Company"), and a regulatory authority with an interest in the rates and charges of Atmos Mid-Tex; and WHEREAS, the City is a member of the Atmos Cities Steering Committee ("ACSC" or "Steering Committee"), a coalition of approximately 154 similarly situated cities served by Atmos Mid-Tex that have joined together to facilitate the review of and response to natural gas issues affecting rates charged in the Atmos Mid-Tex service area (such participating cities are referred to herein as "ACSC Cities"); and WHEREAS, pursuant to the terms of the agreement settling the Company's 2007 Statement of Intent to increase rates, ACSC Cities and the Company worked collaboratively to develop a Rate Review Mechanism ("RRM") tariff that allows for an expedited rate review process controlled in a three- year experiment by ACSC Cities as a substitute to the current GRIP process instituted by the Legislature; and WHEREAS, the City took action in 2008 to approve a Settlement Agreement with Atmos Mid-Tex resolving the Company's 2007 rate case and authorizing the RRM Tariff; and WHEREAS, the 2008 Settlement Agreement contemplates reimbursement of ACSC Cities' reasonable expenses associated with RRM applications; and Ordinance 0-11-1802 Page 2 of 3 WHEREAS, the Steering Committee and Atmos Mid-Tex agreed to extend the RRM process in reaching a settlement in 2010 on the third RRM filing; and WHEREAS, on or about April 1, 2011, the Company filed with the city its fourth annual RRM filing, requesting to increase natural gas base rates by $15.7 million; and WHEREAS, ACSC coordinated its review of Atmos Mid-Tex's RRM filing by designating a Settlement Committee made up of ACSC representatives, assisted by ACSC attorneys and consultants, to resolve issues identified by ACSC in the Company's RRM filing; and WHEREAS, independent analysis by ACSC's rate expert concluded that Atmos Mid- Tex is unable to justify an increase over current rates except for undisputed costs of $6.6 million to cover the steel service line replacement program initiated in 2010; and WHEREAS, the ACSC Settlement Committee, as well as ACSC lawyers and consultants, recommend that ACSC Cities approve the attached rate tariffs Exhibit "A" to this Ordinance, which will increase the Company's revenue requirement by $6.6 million to extend current recovery of incremental direct costs of the steel service line replacement program authorized by ACSC Cities in ordinances passed in 2010; and WHEREAS, the attached tariffs implementing new rates are consistent with the negotiated resolution reached by ACSC Cities and are just, reasonable, and in the public interest. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the findings set forth in this Ordinance are hereby in all things approved. Sec. 2. THAT the City Council finds the existing rates for natural gas service provided by Atmos Mid-Tex are unreasonable and new tariffs which are attached hereto and incorporated herein as Attachment A, are just and reasonable and are hereby adopted. Sec.3. THAT Atmos Mid-Tex shall reimburse the reasonable ratemaking expenses of the ACSC Cities in processing the Company's rate application. Ordinance 0-11-1802 Page3of3 Sec. 4. THAT to the extent any resolution or ordinance previously adopted by the Council is inconsistent with this Ordinance, it is hereby repealed. Sec. 5. THAT the meeting at which this Ordinance was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. Sec. 6. THAT if any one or more sections or clauses of this Ordinance is adjudged to be unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions and the remaining provisions shall be interpreted as if the offending section or clause never existed. Sec. 7. THAT this Ordinance shall become effective from and after its passage with rates authorized by attached Tariffs to be effective for bills rendered on or after September 1, 2011. Sec. 8. THAT a copy of this Ordinance shall be sent to Atmos Mid-Tex, care of David Park, Vice President Rates and Regulatory Affairs, and to Geoffrey Gay, General Counsel to ACSC. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2011. The second reading and public hearing being conducted on the day of 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" MID-TEX DIVISION ATMOS ENERGY CORPORAtION RATE SCHEDULE: R- RESIDENTIAL SALES APPLICABLE TO: All Cities except the City of Dallas EFFECTIVE DATE: Bills Rendered on or after 9l112011 Application Applicable to Residential Cus#omers for a!I natural gas provided at one Point of pelivery and measured through one meter. Type of Service Where service of #he type desired by Customer is not aiready a~ailable at the Point of Deli~ery, additionaf charges and special contract arrangements between Company and Customer may be required prior #o service being furnished. Monthly Rate Customer's monthly bill will be caiculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 7.50 per month Commodity Charge - All Mcf $ 2.5116 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Plus or Minus an amount for weather normalization calculaked in accordance with Rider WNA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: Pfus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance wi#h the applicable rider(s). Agreement An Agreement for Gas Ser~ice may be required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdictior~ and to the Company's Tariff for Gas Service. Exhibit "A" MID-TEX DIVISION ATMOS ENERGY CORPORATION RAtE SCHEDULE: C- COMMERCIAL SALES APPLICABLE TO: Aii Cities except the City of Dallas EFFECTIVE DA'fE: BiEls Rendered on or after 9M12011 Application Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured through one meter and to Industrial Customers with an average annual usage of less khan 3,a0a Mcf. 'fype of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to ser~ice being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and Mcf charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Bill $ 16.75 per month Commodity Charge - All Mcf $ 1.0247 per Mcf Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part (a) and Part (b), respectively, of Rider GCR. Weather Normalization Adjustment: Pfus or Minus an amount for weather normalization calcuiated in accordance with Rider WIVA. Franchise ~ee Adjustment: Pfus an amount for franchise fees calculated in accordance with Rider FF. Rider ~F is only applicable #o customers inside the corporate iimits of any incorporated municipality. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges cafculated in accordance with the applicable rider(s). Agreement An Agreement for Gas Service may be required. Notice Ser~ice hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Service. MID-TEX DIVISION ATMOS ENERGY CORPORATION Exhibit "A" RATE SCHEDUL~: I- INDUSTRIAL SALES APPLICABLE TO: All Cities except the City of Dallas EFFECTIVE DATE: Bills Rendered on or after 9111201 ~ Application Applicable to Industrial Customers with a maximum daily usage {MDU) of less than 3,SDD MMBtu per day for all natural gas pro~ided a# one Point of Delivery and measured through one meter. 5enrice for Industrial Customers wi4h an MDU equal to or greater than 3,50D MMBtu per day will be pro~ided at Company's sole option and will require special contract arrangements between Company and Customer. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special cantract arrangements between Company and Customer may be required prior to ser~ice being furnished. Monthly Rate Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the amounts due under the riders listed below: Charge Amount Customer Charge per Meter $ 45D.OD per month First D MMBtu to 1,500 MMBtu $ 0.2750 per MMBtu Next 3,5DD MMBtu $ 0.2D15 per MMBtu All MMBtu over 5,D00 MMBtu $ O.D433 per MMBtu Gas Cost Reco~ery: Plus an amount for gas costs and upstream transportation costs calculated in accordance with Part {a) and Part (b), respectively, of Rider GCR. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorparated municipal ity. Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX. 5urcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Curtailment Overpull Fee Upan notification by Campany of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay Company 2DD% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicable Gas Day in the table entitled "Daily Price 5urvey." MID-TEX DIVISIQN ATMOS ENERGY CORPORATION Exhibit "A" RATE SCHEDULE: I- INDUSTRIAL SALES APPLICABLE T0: All Cities except the City of Dallas EFFECTIVE DATE: Bilfs Rendered on or after 911120~1 Replacement Index In the event the "midpoint" or "common" price for the Katy point fisted in Platfs Gas Darly in the table entitled "Daily Price Survey" is no longer published, Company will calculate the applicable imbafance fees utilizing a daily price index recognized as authoritative by the natura! gas industry and most closely approximating the applicable index. Agreement An Agreement for Gas Service may be required. Notice Service hereunder and the rates far services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff far Gas Service. Special Conditions In order to receive service under Rate 1, Customer must have the type af ineter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. MID-TEX DIVISION ATMOS ENERGY CORPORATiON Exhibit "A" RATE SCHEDULE: T-TRANSPORTATION APPLICABLE TO: All Cities except the City of Dallas EFFECTIVE DATE: Bills Rendered on or after 9l112011 Application Applicable, in the event that Company has entered into a Transportation Agreement, to a customer directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer} for the transportation of all natural gas supplied by Customer or Customer's agent at one Point of Delivery for use in Customer's facility. Type of Service Where service of the type desired by Customer is not already available at the Point of Delivery, additional charges and special contract arrangements between Company and Customer may be required prior to service being furnished. Monthly Rate Customer's bill will be cafculated by adding the following Customer and MMBtu charges to the amounts and quan#ities due under the riders listed below: Charge Amount Customer Charge per Meter $ 450.00 per month First ~ MMBtu to 1,500 MMBtu $ 0.2750 per MMBtu Nexk 3,500 MMBtu $ 0.2d15 per MMBtu All MMBtu over 5,000 MMBtu ~ 0.0433 per MMBtu Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in accordance with Part (b) of Rider GCR. Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA. Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated municipality. Tax Adjustment: PEus an amount for tax calculated in accordance with Rider TAX. Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s). Imbalance Fees All fees charged to Customer under this Rate Schedule will be charged based on the quantities determined under the applicable Transportation Agreement and quantities will not be aggregated for any Customer with multiple Transportation Agreements for the purposes of such fees. MID-TEX DIVISION ATMOS ENERGY CORPORATION Exhibit "A" RATE SCHEDiJLE: T - TRANSPORTATION APPLICABLE TO: All Cities except the City of Dallas EFFECTIVE DATE: Bills Rendered on or after 9/112011 Monthly Embalance Fees Customer shaff pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu between the highest and lowe5t "midpoint" price for the Katy point listed in Platts Gas Daily in the table entitled "baily Price Survey" during such month, for the MMBtu of Customer's monthly Cumulative Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds 10% of Customer's receipt quantities for the month. Curtailment Overpufl Fee Upon notification by Company of an event of curtailment or interruption of Customer's deliveries, Customer will, for each MMBtu defivered in excess of the stated level of curtailment or interruption, pay Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the applicabfe Gas Day in the table enkitled "Daily Price Survey." Replacement Index In the event the "midpoint" or "common" price for the Katy point listed in Platts Gas Darly in the kable entitied "Daily Price Survey" is no longer published, Company will calculate the applicable imbalance fees utilizing a daily price index recognized as authoritative by the natura! gas industry and most closely approximating the applicable index. Agreement A transportation agreement is required. Notice Service hereunder and the rates for services provided are subject to the orders of regulatory bodies having jurisdiction and to the Company's Tariff for Gas Senrice. Special Conditions In order to receive service under Rate T, customer must have the type of ineter required by Company. Customer must pay Company all costs associated with the acquisition and installation of the meter. Date: (~ ~ ~ Z ~ SP~AKER CARD I will speak In Support of this item. I will speak In Opposition ta this item. I do not wish to speak, but please record my: Osup ort ^opposition /~~a ~JZj'`~ /11 @. ~ `~'D ~'PPA-~ ~ r/~ fl L°./' , --fa ,4n~s'iuc°/' Qr/°.S7~7U.~J.S e~~ ~~~ Agenda Item Number: ~~ C Ordinance/Resolution Number: (~'~I'I~ Name: ~~~1/ /¢~~ ~G/~itl ~ t! Address: --- ~~~~~1 ~~gr,~ City: _ State: Zip Code: Telephone Number: Representing: ~mOS ~ic/L'r (organization/se I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: This information is a Public Record. File Number: 0-11-1803 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-11-1803 File Type: Ordinance Status: First Reading Version: 1 Requester: Community Development Department Agenda Date: 08/02/2011 Agenda No.: 6d Controlling Body: City Council Final Action: File Name: Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100 Precinct Line Road, Case ZC11-014 Attachments: Location and Zoning Map • Notification List • 200 ft. Buffer Map • Letters of Opposition • Applicant's Request • Line of Sight Exhibit • Building Elevations • East Elevation • Ordinance 0-10-1761 • Ordinance 0-11-1803 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/25/2011 Planning and Zoning Commission 1 08/02/2011 City Council Title Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Tract 1 B, Abstract 1154 of the RH McEwing Survey located at 8100 Precinct Line Road, Case ZC11-014 Explanation First Reading and Public Hearing Jeffrey Jones submitted a request to amend the zoning and development requirements of the PUD-C-Planned Unit Development Commercial on 8.1 acres located at 8100 Precinct Line Road. Existing Zoning. Ordinance 0-10-1761 was approved by City Council on August 3, 2010. The PUD-C ordinance allows for an assisted living and memory care facility. Proposed Zoning Amendment. The applicant is requesting to amend several sections in Ordinance 0-10-1761. The following is a breakdown of specific current provisions of Ordinance 0-10-1761 and the corresponding proposed amendments by the applicant. (1) Section 4(1)(b) currently reads: This facility shall be licensed as a Type A and Type B Assisted Living Center by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to the issuance of a Cerfificate of Occupancy for this property. City of Colleyville Page 1 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-18031 The applicant is requesting to amend it to read: This facility shall be licensed as a Type B A/zheimer Facility by the Texas Deparfinent of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required. The difference between a Type A and Type B facility is based upon the condition of the resident of the assisted living facility as defined by the State of Texas (see below). Generally speaking the resident of a Type A facility must be physically able and mentally coherent enough to move themselves from one place to another without assistance . Whereas, the resident of a Type B facility may require assistance in order walk or get out of bed but would not be bedridden or completely immobile. State Requirements. Assisted living facilities are regulated by the State of Texas through the Texas Department of Aging and Disability Services. The following are the State definitions for Type A and Type B assisted living facilities: Tvpe A: In a Type A facility a resident: (A) must be physically and mentally capab/e of evacuating the facility unassisted. This may include the mobile non-ambulatory persons such as those who are in whee/chairs or e/ectric carts and have the capacity to transfer and evacuate themselves in an emergency; (8) does not require routine attendance during nighttime s/eeping hours; and (C) must be capab/e of following directions under emergency conditions. TVpe B: In a Type B facility a resident may: (A) require staff assistance to evacuate the facility; (8) be incapable of following directions under emergency conditions; (C) require attendance during nighttime s/eeping hours; or (D) not be permanently bedfast, but may require assistance in transferring to and from a whee/chair. This amendment has been added to the proposed ordinance. (2) Section 4(5)(d) currently reads: There shall be no windows or openings on the second story of the east side of the building. The applicant is requesting to amend it to read: C/ear story windows are allowed on the east side for natural lighting of the first f/oor common area only. The applicant requests the windows in order to act as sky lights to allow natural light into the common area. Staff recommends that the language allowing the second story windows in proposed ordinance read as follows: "Clear story windows shall be allowed on the east side for natural lighting of the first floor common area only. There shall be no windows or openings for any second story or higher rooms. Interior lighting shall not directly illuminate through said windows or openings nor shall the interior lighting devices be visible from any City of Colleyville Page 2 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-18031 adjacent residential property so as to be seen through said window or opening at night." (3) Section 4(5)(e) currently reads: Exterior construction materia/s for all buildings shall be composed of stone or brick with Hardie P/ank allowed for building accents. The applicant is requesting to amend it to read: Exterior construction materia/s for all buildings shall be composed of stone or brick with Hardie P/ank allowed for building accents, except that hardy board cementious siding with stucco finish may be used on the north and east e/evation of the Memory Care building as the primary material per the attached e/evations Exhibit "C". The applicant indicates that the use of Hardie Plank cementious siding with a stucco finish would be more cost effective for the development on the north and east elevations , especially since these sections of the buildings are not visible from the street. (4) Section 4(10)(b) currently reads: A minimum eight (8) foot brick or natura/ stone fence shall be constructed a/ong the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the residential lot, use or district to everything be/ow the roof eave of all buildings in the assisted living facility. The fence shall meet all front setback transparency requirements as required by the Land Deve/opment Code. The applicant is requesting to amend it to read: A minimum eight (8) foot brick or natural stone fence shall be constructed a/ong the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the Memory Care facility first f/oor windows to the adjacent residential lot first f/oor windows. The fence shall meet all front setback transparency requirements as required by the Land Deve/opment Code. The attached exhibit provided by the applicant illustrates this amendment proposal. This amendment has been added to the proposed ordinance. (5) Section 4(11)(a) currently reads: One off-premise monument sign shall be allowed a/ong Precinct Line Road advertising this deve/opment. Otherwise all signs shall meet the minimum requirements of the Land Deve/opment Code. The applicant is requesting to amend it to read: One off-premise monument sign or multi-tenant sign shall be allowed a/ong Precinct Line Road advertising this deve/opment. Otherwise all signs shall meet the minimum requirements of the Land Deve/opment Code. The applicant requests this language clarification in order to ensure that the off-premise sign would allow advertising for multiple tenants. Other than these proposed amendments, all tenets of Ordinance 0-10-1761 shall remain in full force and effect. This amendment has been added to the draft ordinance. City of Colleyville Page 3 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-18031 Master Plan. The Colleyville Master P/an designates this property for future retail uses. The portion of the subject property to be utilized as the Alzheimer's facility does not comply with the plan as it is considered an office use. However, the portion of the subject property that will allow future CC2-Shopping Center zoning district uses complies with the Colleyville Master Plan. Surrounding Properties. The properties to the north are zoned CC2-Shopping Center and are developed as Liberty Elementary School and office uses. The properties to the east are zoned PUD-R-Planned Unit Development Residential and developed as single family residences. The properties to the south are zoned PUD-C-Planned Unit Development Commercial and are developed as an office building and undeveloped. The properties to the west are located within the City of North Richland Hills and are single family residential uses. Public Notification. Staff notified 15 property owners within 200 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received four letters of opposition regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the July 25, 2011 meeting by a vote of 5-0 subject to the following conditions: (1) The clear story windows allowed in Section 5(2) of the proposed ordinance shall not be accessible from any walkway, hallway or catwalk such that a person could look out of the window from the inside of the building onto any adjacent residential properties. (2) In lieu of stone or brick, pre-fabricated cementious fiber board, such as Hardie Plank, shall be allowed as the primary exterior wall material on the east and north sides of the primary structure for the first story of the building only. These conditions have been added to the proposed ordinance. Summary. Although the request is generally consistent with the previously approved ordinance, staff does not recommend approval of all amendments as requested by the applicant. Staff recommends approval of all amendments subject to the specific recommendations listed above with the exception of amendment number three. Financial Impact There is no financial impact to the City. Recommendation Approval subject to the provisions listed below, which are also contained in Ordinance 0-11-1803: 1. Licensing a. This facility shall be licensed as a Type B Alzheimer Facility by the Texas Department of Human Services as required by the Assisted Living Facility Licensing City of Colleyville Page 4 Printed on 7/29/2011 Aaenda Briefinp Continued (0-11-18031 Act. Proof of such licensing shall be required prior to issuance of the final certificate of occupancy. 2. Windows and Openings a. Clear story windows shall be allowed for natural lighting of the first floor common area only. Said windows shall not be accessible from any walkway, hallway or catwalk such that a person could look out of the window from the inside of the building onto any adjacent residential properties nor shall there be any windows or openings for any second story or higher rooms . Interior lighting shall not directly illuminate through said windows or openings nor shall the interior lighting devices be visible from any adjacent residential property so as to be seen through said window or opening at night. 3. Exterior Wall Construction Materials a. In lieu of stone or brick, pre-fabricated cementious fiber board, such as Hardie Plank, shall be allowed as the primary exterior wall material on the east and north sides of the primary structure for the first story of the building only. 4. Fencing and Screening a. A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the Memory Care facility first floor windows to the adjacent residential lot first floor windows. The fence shall meet all front setback transparency requirements as required by the Land Development Code. 5. Signage a. One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. The sign may advertise for multiple tenants located within the Meadows Creek Plaza Addition. Otherwise all signs shall meet the minimum requirements of the Land Development Code. City of Colleyville Page 5 Printed on 7/29/2011 Location and Zoning Map +~az~ ~` z o ,_ ~~~ , , - f7~~7~ 17~y7 ~ O~'~6 t74+~ 1~~ ~~r I~ ~~2 ~Z~ ~~~~ ~~~~ ~ 1 ('~4Q9 t`~IQ~I Fi~04~+ 8i~34 f:~~J4 l3405 6404 F4[]5 E;4~D Precinct CC2 ~3Qa ~ ~ ~ ~ ~; ~r~ ~ Line Road ~~~ PUDR Er;it]]U r,~~ E,~~o f~:~t~1 PUDC ~~'~`~ `=~~~^~ ~ ~3~ ~ ;; , c~s ~z i ~ ~+1f~L~ h9'i4! r,, , 6225 F~~ 1 ~ 1-rw~~ ~LL ~ Site ~~G}3 ~;~~ 1~ ~,~ ~7 R20 e~U~~ +;zi2 6213 ~''~ S i Ot`.k r.'~ fi2fl;7 t~ ~• 62{J5 ~; ,r~ 62t]~ ~ a Lavaca Trail - -- , m~ -. PU C R40 ~'~ ~f-' ~ ~;` ~'~ ~ 8t39C1 b212 620~ i2[~1 ~a'~U8 ~a2~75 3~J3Q Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Bojku, Afrim 5309 Collyville Blvd Colleyville TX 76034 008170 Precinct Line Rd Martin,Ritz,Terry Prop Of Coll 717 Arcady Ln Colleyville TX 76034 006400 Cimmaron Tr Martin,Ritz,Terry Prop Of Coll 717 Arcady Ln Colleyville TX 76034 000925 Talbot Tr Mobley, David D Etux Cheryl A 6301 Cimarron Trl Colleyville TX 76034 006301 Cimmaron Tr Gray, Randy K Etux Donna M 6233 Cimarron Trl Colleyville TX 76034 006233 Cimmaron Tr Martin,Ritz,Terry Prop Of Coll 717 Arcady Ln Colleyville TX 76034 006224 Cimmaron Tr Ihle, Shauna 6212 Cimarron Trl Colleyville TX 76034 006212 Cimmaron Tr Ruggere, Judy 1013 Lavaca Trl Colleyville TX 76034 001013 Lavaca Tr Ruggere, Judy 1013 Lavaca Trl Colleyville TX 76034 001101 Lavaca Tr Lavaca Trail Llc PO Box 69 Colleyville TX 76034 008090 Precinct Line Rd Rcp Cedar Creek Parl< Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 008100 Precinct Line Rd Rcp Cedar Creek Parl< Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 008180 Precinct Line Rd 8190 Precinct Line Partners 8333 Douglas Ave Ste 110 Dallas TX 75225 008190 Precinct Line Rd Keller ISD 100 Main St Fort Worth TX 76102 001101 McDonwell School Rd W Royal Kingdom Group Llc 6932 W Main St Frisco TX 75034 006229 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006525 Talbot Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006524 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006300 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006232 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006228 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006225 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006221 Cimmaron Tr Crest Haven Construction Lp PO Box 1604 Hurst TX 76053 006220 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006217 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006213 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006209 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006208 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006205 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006204 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006205 Cimmaron Tr Villas Of Colleyville Llc PO Box 1604 Hurst TX 76053 006200 Cimmaron Tr Linles Properties Ltd 1361 Cross Timber Dr Southlal<e TX 76092 008090 Precinct Line Rd Post Rail Llp 1406 Post Oak PI Westlake TX 76262 006216 Cimmaron Tr City of North Richland Hills 7301 N.E. Loop 820 N. Richland Hills TX 76180 courtesy Jeffrey Jones, applicant 14881 Quorum Drive, Suite 200 Dallas TX 75254 applicant Public hearing notices were mailed on Friday, July 8th, 2011 by Amy Shelley 200 Ft. Buffer Map ~~: F~ ~- :~:~ ~~ ~~. 56?"s .5cG: ~1 s%.e_ I~7~ ~} ~ ' --- ,;~ ~~ ;, ,:. ; ~,_ ~ , ..+ a: L~ c =71 ,_.3 k. :d~ T~: j671 S?E] .4'.77 ~CC Precinct Line - Road ~~~ N`]2 F W 4.__ ']~{_ Subject Property _-„ -.~~ ~. ~~ ~ ~~v`. ~ ~ : ~b_ - -~ ~ ~= -J~y :.~- ~ µ~1 t_~_ .~ ~"'I- ~ T°3 ~_~~ ~ wa= , ~ _= r ~,_ ~~~ ::~z - ~ ~„ ;,w -0..~ ~~ yGi •°='°3 ;~~, ~~. T~. L ~ = " hJ : ~am :_~ E?rg _=gc _' ~ =i5] '-":31 _ - F ~ji' ~$ Yy ~ -_ ` "_ _ -_ Letters of Opposition July 14, 2011 City of Colleyville Amy Shelley Community Development Coordinator RE: Zoning Case ZC 11-014, 8100 Precinct Line RD, Tract 1B, Abstract 1154 of the RH McEwing Survey Amending the PUDC-Planned Unit Development I will be out of town on the P&Z date July 25, 2011. I do not understand why The developer is requesting to change the ordinance. We have spent many hours Working with the developer to have a mutual agreement. I am very disappointed that he did not even attempt to meet with the neighbors to discuss the changes. All we received was an email about week before the notices went out. I would like to make the following comments; Section 4. 1. General Item b- I am ok with this change Section 4. 5 Buildings. Item d. - I am very much against this change to have windows facing East Section 4. 5 Buildings. Item e- I am very much against this change, this will be very unsightly Section 4. 10. Fencing and screening. Item b- I am very much against any change with the existing fencing ordinance. Section 4. 11. Signage. Item a. - I am OK with the signage change John Fegan Developer, Villas of Colleyville Frc~m: Ra~dy Gray Sent: Friday, July 22, 2011 8:05 AM To: Amy Sh~lley Cc: C~onna Gray; Randy Gray Subject: Zaning Case ZC 11-U14, Rosewoad Park We are planning to attend the he~ring Manday,eveninq, July 25, in protest of the proposed changes to the Rasewoocf Park facility. We are OK with the signage change but very much against the other four revisions. Thank yau, Randy and Donna Gray 6233 Ci~nmarQn Trail Golleyville, TX RE~E~~d~:~ ~UI. 2 2 ~~11 Per ............. ~ JUIY 19, 2011 CITY OF CC}LLEYVILLE AMY SHELLEY COMMUNITY DEVEI.OPMENT Ct3CJR[~INAT{3R RE: ZQNING CASE ZC 11-014, 81t~ PREClNCT ~INE RD, TRACT 1B, ABSTRACT 115A~ IF THE RH MCEWING SURVEY AMENDING'fHE PUDC-PLANNED UNIT DEVELOPMENT WE WILL BE OUT OF TOWN ON THE PLANNING £~ ZQNING DATE QF JU~Y 25, 2011. VIIE DC} NC}T UNQERSTAND WHY TNERE HAS BEEN A REQUEST FOR CHANGES TC} THE t~RIGINAL ORDINACE AGREEMENT. WE UNDERSTAND THERE NAS BEEN HOURS SPENT C3N THIS WITH THE HOMEOWNERS AFFECTED AND NC}W THE DEVEI.t}PER W~NTS NIAIOR CHANGES. THERE HAS BEEN NO COMMUNICATIt~N BUT AN EMAIL C}R TWO AND THEN WE ALL GET THIS NOTICE FQR THIS HEARING. WE WANTTtJ PARTICIPATE WITH A FEW COMMENTS. SECTION 4.7. ITEM B WE HAVE NC} ISSUE WITH THIS CHANGE. SECTIQN 4.5 B~DG. lTENI D WE HAVE NO ISSUE WITH THIS CHANGE t7NLY IF IT IS FIRST FLQ{~R C?NLY AN[~ THE ORIGINAI. FENCING REQUIREMENT STAYS IN EFFECT. SECTION 4.S BLDG. ITEM E THIS IS Nt}T AC~EPTABI.E. SHOUID AC}HERE TiJ THE ORIGINAL AGREEMENT. ALL BRICK. THE APPREARAN~E C~F THIS AREA WILI. BE ~HEAPENED COMPARED TO ALL QTHER OFFICES IN TNE SURRQUNDING GROUNDS. MOSTLY TO THE HOMEOWNERS ADDITIGN VILLI~.S OF COLLEYVILI.E, SECTION 4.1Q FENCING & SCREENING ITEM B NOT ACCEPTABE. THE HC?MEQWNERS WI~I. BE TC}C} ADVERSLY EFFE~1`E[~ BY THIS CHANGE. THE FENCE NEEQS T{~ BE AS AGREED AND COMP~ETELY HIDE THIS BUILDING. SECTIQN 4.~.1 SICaNAt'aE ITEM A NC? ISSUE WITH THIS RECEIV~~ JU~ ~ 2 2~111 ~er ............. WE HOPE THI5 COMMITTEE WIL~ ADHERE TCI'fHE ORIGINAI. tIRDINANCE SET~1 FORTH !S THIS REQ,I.IEST. WE ~{~VE A~~ THE RESTRICTIC}NS THAT 1'NE CITY CIF CO~~EYYIILE HAS IN PLACE. IF THIS t3EVELC}PER GET5 THIS CHANC~E IT WI~~ UNLY C1PEN C~OR5 FOlt FlJTURE CHANGES WITH {~THERS. SO WE REALI.Y HOPE THAT YUU REAI.I.Y CONSiDER STAYING WtTH THE HIGH STANGIARDS THAT ltEPRESENTS THE CITY {}F Ct3LLEYVfLLE. THANK YOU FQR YOUR TIME. DAVIp & CHEFtY~ MQB~EY 6301 CIMMARt~N TRAIL V1lt.AS OF CULIEWILLE 817-366-7831 1~ ~_F~ ~ i.~ y e ~ // ~~!~~ . ~ ~ . . .. . _ ~( .. ...____».... ~~' '~' ~ +C~f ~,f ', ~~-~~~~`~ ~ c3..~.. ~'~~o~: '~~T~~.i~~~ ~}, ~~.~.~~.~.~~ ~ ~~.+~~~~c~ .~., ~~:.~~:~.~~~., F~~~x~: ~ ~. ~ ~-~ ~ ~~~ ~ ~~ ~3 ~a~~ ~l 1~~C~~~.~~ ~ ~~ ~ ~~~~ ~~ ~ ~ ~ ~ Zll d ~~ Z9~bCIltrL~B tN'dll"Illt~ S~~~L SZ'L~-IIOZ -~~,C',c.~.~F° ~,,~C.t.r {~,,r L-~~-~' '~' 'r~n.n.~-!~Gt ~.o.,...~ .~ /~ ~~ ` _f~ ' .,~ ~~+IG~++~i.+Ga.. 'y' ~~ ~ ~ ~ ~~ ~,.,,~.~ .~ ~~ ~~ ~° ~r~~~~ ~~ ~~~~ ~~~r~~~ ~ e ~~,~,~?'` ~ , . ~ 1~~ ~ ~~~~~ ~-~~~~~ ~~~~ ~4 ~..,~,~~'` ~ ~'~,~~ ~:~ `.~~~ __ ~ ~ ~~''~'"'~~ ~~~.~.'a'. ~ } ~~ REC~,`.'..:'~' JI~~ 2 2 ?01~ Per ............. ~~i9F~~ ~tit`~~ ~~'~ `~ ~".~ ,'~''~~.~~'` ' ;~,,. ~`/~"'-,~.~-~,,~~ ,~ ~~~ ,~ ~~,+' . G~G+~ ~~~~~+! . Z/Z d <~ Z9ltrl'JltrLGB lN'd1~11tV4 SO~~L SZ-~O-LLOZ Applicant's Request ~roject: Rt~sewt~od Park Precinct ~ine Road at Lavaca Trail Cc~lieyvil{e, Texas E3elctw are requested revisio~s tcs the PUD-C established in C}rdinance 0-10-'t7~1 {Fievisions shc~wn with strike-through and italics.) Section 4, 1. General, Item b. This facility shalf he ficensed as a T~r~~~.~-t,,;a Type B Alzheimer Faci/ity °°°;cf~.~ ~~iiinry r~°^f°~ by th~ Texas Depar~ment of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required. Section 4, 5. Buildin~s, Item d. GJear sfory windows are ~!lc~wed on fhe e~st side fvr nattrra! lighting of fhe firsf flor~r comrrran are~ on1y. Section 4, 5. Bui(dings, Item e. Exterior construction materials far all buildings shaN be composed of stone or brici~ with hardy plank allowed fc~r building accents, excepf that Hardy Board cemenfious sidir~g witla stucco finish may be crsed on the norfh and east elevatic~n af fhe Memory Care building as the primary maferial per the attachet! elev~tions ~chibit F. Section 4, 10. Fencing and Screening, Item b. A minimum eight (8) f~ot k~rick or natural stone fence shall be constructe~i alvng the east prc~perty line adaacent tc~ residen~ial properties. The fence shall be constructed so as ta trbscure the view from the , c., +ho n~~c~.+o.~ r,,;.,., f~,~.:~;+,. ~Vlemory Care facitify first floc~r wrndows fo the adjacen~ residential /c~t first flc~c~r windows. The fence shall meet all front setback transparency requirements as required by the ~anci Development Code. Sectian 4, '11. Signage, Item a. C?ne s~ff-premise monument sign ormulti-fenartf sigrt shall be allowed along Precinct Line Road advertising th'ss develo~ment. Qtherwise all signs shall mest the minimum requirements of the ~and C3evelopment Code. ~ , _ -~ ~ ~ ~ !~ ---~ ~ ~ ----_- R~p~auf-~~~uras,~,~ ---°° -- ~ J ~. ~ W ~ ~~ ~ ~ ~ ~ a ~ ~ ~ ~ r~ ~ F ~ r C ~ ~ ~ ~ ^ ~ ^ ` w ~ ~ ~/^~ ~ ~ ~ Ol ~ TYPICAL BRICK SCREEN WALL MIN.8'-0"ABOVE FINISHED GRADE RO~EWOOD PARK 1Vlemory Ca~1~e ORDINANCE 0-10-1761 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ~ZONING OF TRACT 1 B1, ABSTRACT 1154 OF THE R.H. SURVEY FROM THE CC2-SHOPPING CENTER ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. ZC10-017; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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 affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-10-1761 Page 2 of 6' 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 Tract 1B1, Abstract 1154 of the R.H. Survey, from the CC2-Shopping Center zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in the attached Exhibit "A" 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 PUDC is for an assisted living and memory care facility. b. This facility shall be licensed as a Type A and Type B Assisted Living Center by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to the issuance of a Certificate of Occupancy for this property. c. This property is subject to all the regulations contained in the Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. All uses permitted in the CC2-Shopping Center commercial zoning district shall be permitted as part of this development but shall be limited to the 3.02 acre tract adjacent to Precinct Line Road as described in Exhibit "B". 3. HOURS OF OPERATION a. Deliveries to the facility for food service and general delivery will be restricted to 7:00 a.m. to 7:00 p.m. daily. rr Ordinance 0-10-1761 Page 3 of 6 4. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with Exhibit "C", which shall not be considered the preliminary p~at. b. The developer shall submit and receive approval from the City of Colleyville a minor plat in accordance with the requirements of the Land Development Code prior to development of this PUDC. 5. BUILDINGS a. The maximum square footage of assisted living and memory care space for this development shall be 60,000 square feet. , b. Building elevations shall be consistent with the elevations shown on I'~ Exhibit "D". ' c. There shall be no more than 14 cottages allowed for this development and the total occupancy for all cottages combined shall not exceed 18 persons at any one time. The cottages shall not exceed one story in height and there shall be no cottage entrances facing to the south. The cottages shall only be available to friends or relatives of the residents of the assisted living facility allowed by this ordinance and shall not be rented for any reason nor shall they be sold unless they are sold in conjunction with the entire facility. d. There shall be no windows or openings on the second story of the east side of the building. e. Exterior construction materials for all buildings shall be composed of stone or brick with hardy plank allowed for building accents. For the assisted living facility, there shall only be one ornamental architectural feature that is allowed to exceed 35 feet in height provided said feature does not exceed a maximum height of 50 feet. g. The front building setback along Lavaca Trail shall be 25 feet for the tract containing the assisted living facility only. Otherwise, all building setbacks shall comply with minimum requirements of the Land Development Code. Ordinance 0-10-1761 Page 4 of 6 6. OPEN SPACE a. This development shall provide a minimum of 38.28% common open space, as shown on Exhibit "C". All open space areas shall be landscaped and maintained by the property owner as shown on the attached Exhibit "E". b. The distribution of landscaping on the property shall be in accordance with the attached Exhibit "E" labeled Landscape~ Plan. At a minimum, all landscaping shall comply with Chapter 4- Landscaping in the Land Development Code. 7. SIDEWALKS AND PATHWAYS a. The trail along Precinct Line Road must be at least ten (10) feet wide. The sidewalk along Lavaca Trail must be at least five (5) feet wide. The trail and sidewalk must be installed when any new structures are built on the property. 8. PARKING a. This development shall be required to have a minimum of 71 parking spaces. 9. LIGHTING a. All light poles shall be no higher than 18 feet and lighting shall be of a boxed can style and directed away from adjacent residential properties. Illumination from light poles shall not exceed 0.5 foot- candles as measured from any portion of the property line. 1O. FENCING AND SCREENING a. A six (6) foot wrought iron and masonry fence with stone columns shall be constructed along the property line adjacent to Lavaca Trail. b. A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the residential lot, use or district to everything below the roof eave of all buildings in the assisted living facility. The fence shall meet all front setback trans arenc re uirements as re uired p Y q q by the Land Development Code. F~ Ordinance 0-10-1761 Page 5 of 6 c. Ail gates shall meet the gate requirements of Chapter 14- Engineering Design Standards of the Land Development Code. 'I'I _ SIGNAGE a. One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. Otherwise all signs shall meet the minimum requirements of the Land Development Code. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general wetfare, 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 ~~,,r~c~r 2010. ~ The sec nd reading and public hearinc ,C~ 2010. being conducted on the ~lJ ~ day being conducted on the O~ ~`~ day of Ordinance 0-10-1761 Page 6 of 6 ,-----~--., ATTES . . -~~ j\ ~ ,c_~c_. ~_ . ____. Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE ~l ~ ~ David Keily l Mayor ~! J. ~ 1 Matthew C. G. Boyle City Attorney Exhibit A-Location and Zoning Map ~~ ~~~ ~ ~ `. ~~~ ~~~ ' ~~~ ~ ~~~ ~~~ ~~~ ~~ ~~t~ ~~a ~ ~~ ~~. ~~ ~ ~ ~~ ~~ ,~~~ ! i~l j~ ; ~ i'' ~} ' Ili~~) i il~il ~ ~~~~ ~~~ ' ~~ ~~~ F"~~~~ciuct Lit~e I~~1. ~~~ ~ 7~ ~°~'2~ ~,t ~ ~5 ~;~~ ~ 6~~ ~2~~ ~~ ~ ~. ~~ ~ i~~~=~c~ `~`~~~', ~ _ ~, , ~ ~ : ~ ~ ~ ~ s~~~ ~ ~~`~~ :~ ~ I~~Q~~ ~~ ; ~ ~ ~ ~ ~~ ~ ~ R ~ ' 4 d ., ~ ' ~ ~p-~~~~ d ~~ ' 1 ~ ~ y?~ ~I~~~ . d,~ ~'R T~, ~ i ~F ~~ '.9&~~ ~~ ~~: ~~ A ~~~~ ~ w ~ ~ ' 1j ~ b~ ' ~ .~ , ~r~-~ _- '~'2Y`Xa~` T""~ ~' .. .... 4 a~ ~ ~b ~~ .~ 'M ~~.: '~~VI1 y~ ~ ~' I ~ ~ ~~~ ~ 8 ~~Q ~X ~ ~ ~~~ `~) ~ ~ ~ ~'.:, i ' ~ ~ } x:.~1~7 ~ ~ 4 .. W!~ . ~.. ':I A are~~ o µ . .:",..+wR . .. . .^ . a ~~ ; ., 1'~~19 l~1?~ ~ ~~ g~~~.` ~1)., ~ ~~ _ Exhibit B - Legal Descriptions ~.{l~ r~~ k'ro~~erty ~e~~ript~c~n E~GSZt~ n 3.€3'2 ~cr~ tracf c~n p~rc:ci e~' l~ttttj si~~:ated iri t)t~ Ft.N. P~~~Fkviatg ~urvev. ,Abstr~t fi~1o. 1354 i~a tii~ +City t~f ~+aEl~;~~ille, "~~~r~rz~C C.,~urstY> Tex~s, said trac~ b~ir~~ a~nrti~n~ ~af a tract of 3~nd ccanveye~3 t~a ~t T~.C"~' C.;e~~?,r ~'re~k P~rk, Ltd us ~~:scsibcci in 13ocument T~Tu~nb~r LI~2QS3L14~f33 ~f the ~e~~i ~t~cnrds ~f Tarr~nt ~C+~e~tt~~~, '~"~x~s, ~~iti 3.(~2 ~~rc fr~~t n3~ p.~utie~alarly des~ribed by ~eies ax~d ba~unds as fatl~~~ws; B~~G~Ni~TI~+G at a Teaca~ De~actme~~t a~f Tcaa~cp~rrt~tic~r~ ~rass c~i~k in concr~te fc~und at the ~~uth~ast ~utl~~ck ~r# the i~terseetion ~v('t1~ narth tine o~`Lavt€~~ Tr~~! (~6U' R~W~ ~d ttt~ auc~ linc ~~' F,~1. Fii~~~~rs~ I~T~, 3(~~9 (~r+~cir~ck ~,i~?~ ~.~~ad} (~r~r~aE~I~ width T~~'~~'~; TI3~ns~~: N~ar[E~ 45°~1'36" '~~~est a~t~n„~ ~aid ~ut~c~ [ine frrr a c~ist~r~c~ u1` 35.3~ f~:et tca a ~°~:~~s T?~p~rtmen# ~£ Tr~~t,~~~rt~t~c~zt E~~ass ~i~ fr~uad fc~r ~~rn~r in tt~~ et~s~ line c~~ s~att F,F~. I-~i;~h~~}~ 3~-~~; Tl»nc~; Narth QQ°~~'2f" t~4''~s€ ~lang thc east lir~~ t~f sai~ ~.h~. Hig;hw~~ 34329 fnr a~istan~e 4t`3It~.~O f~et to an `°x„ ic~ c~sncrzte f+~u~t~ far c~rn~c ~t th~ sc~ut~~vest cnme;x af`Lc~t 3, Bl~ack ~, Pvleqd~vas Creelc Pl~?~, ~n acl~iit't€~~ 44 t~e ~it~r t~f~Ca~lcyvill~ ae~n~in~ ~~ tt~c pl~t thcrcc5fr~ccrr~ct~ in Cabinet ~, Slide ~4~~1 ~ftE~e 1~lac Re~et~r~s at'T~rrant ~t~ttniy, 'I'~r:~s; Tl~znce: Sout€~ ~J"w5'C}U" ~~'es€ v~~ith t~t~ s+auth ]in~ at' sn~d I.ot ~, ~31~c!€ l, a# '~E~'~.73 feet: ~~~sin~ an "~" fia~tr~l ~~i ~~a~i~.~ct~ aE ih~ ~~ut~c~s# c~ni~r af said I.c~i 3, FStn~k 1, ~ame t~~ia~g kla~ ~c~utl~wcst ~;t~rt~~~ ~f Lcst ~, Bl~k i, taf~a~law~ Cree3r. F'laza Ad~~tic~n an ~dd~ticsn ~a~ tlte ~:[~}+ c~#~ ~.c~.Eley~il)e a~c~rdin~ ta ihe plat r~cr~d~d i~ ~~Uinet A, S1ide 115~G c~P~l~e ~t~t I~~cQZ•cis c~f"C~rr~rnf ~~ctnt~r, T~x~s, ~nd t~ntin~tirt~ ~lvn~ t[ze 5~uth lan~ of said Lat 4, ~I~c[~ l~ t~,t~~ ~iist~t~~~ c~f' 3~9,42 fe~E tc~ ~rt ••x„ faand in ~ncr+~~~ for c~scner ~t the sctutlaeas# c~~'~er r~f s~id Lc~t 4, J31oc~ t; 1'l~enc~: ~c~uth UE~~`t}5'Qi3'° ~t~~st f~sr ~ c~istan~ ~f 4~.~ 1 Fcet t~ a~oir~t #'c~r+~rr~~r;. Tl~~ttc~; Scrui~ 23'°~~'°~#{~" L~st f+~~' ~k d~~t~1't~~ af 2T2.~12 ~'e.~# ta a p~tnt f~ar cnr~er; 'i']~~nc~c. ~c~utl~ tlt~°~}3'~4}~"4~F~s~ fQr ~ di~tane~ c~f t~l.~? fc~t tc~ ~ pc~int ~r c~rner in [he north linc ~af said I~avaca Traii; '~hcn~~: ~l~rtlz ~'~°~5'~30" ~st 4v~th t~~~ nort~~ ~ine caf s~'sd T.~av~e~ "f'rail f~r r~ ~list:~rice af ~4`?3.~i9 f~ct t~a tl~e 1't)I1~T C}F I3~;C;tN3~I1~IG ~n~ conia`sa~izt~ ~.02 ac~e~ of lanti tn~r~ r~r fess, . ~.{}6 Ac ~'r~agert~ D~~~~'i~~an Being a 5:£~~a ac~c tr~a~i ~ari ~arcel uf l~nct situ~t~d ~n #he 12,.'~. t~icEwin~ Su~~e~, Ab~ta~t~ct ~o. L I54 in thc Caty ~af ~c~lleyvil~e, Tax~r~€~t ~r~unty, "t'~~, s~iti fi~ct l~ein~; a~c#i~n crf a#ract c~f l~r-ti ~:vnve~~d fcs R~CP Ccdar Gr~ek P~ar~:, t,td afi .~~ritt~~1 in Ilacutn~:nt 3Vuan~r 172t~53U4St}3 ~i' th~ L7eet~ Kecard~ ~f Tarral~t Caunty, T~xas: saicl 5.~6 ~~:ra: traet more parti~ularly descrihed Tay m~1cs and b~ac~nds as follo;vs: +C+C1I4'~IV~;~t~iNG at ~ T'exas ll~~rattrrt~nt ckf Tr~ns~rtrrtati+an br~~s disk P4-ind at rhe soutti~st etri»~tek lirt~ t7E' fhc t~*~st Iine af F.?1f. T-Ii~;1tc~~y ~ii2~ (Preseia~vt Linc I~oa€€~ (m~riabla width xa~ht taf ~~a}~j ~ttd thc nt+rth lixa~ af F.ava~c€~ Tr~il (G~?' ~C'~V«r~j; ~'3yes~c~~ ~~a~tlt €~?~"S3'iJQ" Vv'~st wit~ thc ntrrtl~ lir~w ~I' sai~~ L~~r~~~ "Cr~i~ l~r a ciist~r~ce af 42~.69 feet i~ [lte I't}I~iT UF BEC~~INC., Ttlt;nc~: Narttl U~"~}~'{9C1"" 1~+~:st fnr ~ di,~tance ~f'~1.8? fe~t t~ ~ paitat f€~r ~~r~i~r; Tt~en~ce: I~Tc,rtl~ 2~°~i~'~~" W~:~t f~rr a dist~n~e c~f ?7~.~2 fee~ tca a~oin~ for ~oen~r; Th~nce; ~*Inrth 4(]°~5'~l~" W~~t at ~3,81 fe~t p~ssin~ a~s "~" fn~aaxd in c4ncr4t~ a~ t~t~ g~utl~~a~k c~rr~ex c~f Lc~14, }~l~ec}c ~, Mcadaws Crr~~k Pl~.a ,rhdditi~a~, an ad~tati~ti t~a tt~~ Gity ca~' G+a11~~ilEe p~er [ia~ piaC r~nrdc:a in G~abieset ~, ~li~de 11S3f~ ~f thc Pi~t Re~~rd~ c~f 't'~rra~a~ ~unty, "~~x€~ss, an~ can~~uing ~lan~ ~y e~t li~e t~f said I..~t: 4, Hlc~ct~ A, ~ tai~l distat~ce nf 77.8~{ fe~t ta~ ~~~r'saet ~or cnmer; Thenc~; 3~,~rth €73°!7'S5" West ~~~tfi ea~t lirie ~f s~id Lo~ 4, ~Icra~~€ r`~, Cc~r a di~t~€nce af 13~.2~ fe~t t~ ~ j~c}inl f~r eorner~, T'laetac~: ~v'e~rth i~2°45'i?~" Wcst ~`~a~ zt ~i~t;~ve r,P 1 t}3.9(~ feet tr~ u~iz~t f~r u~mrt' in thc nt+cth li~TC t~f s~id RC;i' ~ettt~~~ ~.riw?~ P~rtc, i.zd trac~ s~rd ~ac~irak kaein,~ t3~e rt~r~tt~~ast cornrr af sasd L~t ~, "~lnck 1, t~~~e~~law ~Fe~.k Plaza :ldditi~n; Tlte~aec; S+au~h 8~j0S~'D€~" l~`est 4uitla #~tc ztvrth ~in~ c~# ~Hid ~~P Cectar Creek Par~, I.tci tra~t #'or a dis~anc~ af a27.37 fe~d tc~ a poit~i fvr vcrrner ~[ th~ ia~rtl~cast cc~rrni;r af s,~id IiCP C~~~r Cz~el~ k~arl~, Gtd traci; "f~~e~~: ~~~a~h tD3°~7'13,,'~V~si ~~rith tl~e east iine ~~ said 1t~:E' ~;ed~r ~:'reek I'~rk, Lt~i ira+:i f~r a di~tanc~ c~f bfl3~.2t3 f~~t ta a poirrt f~~ ec~rta~r at tk~e s~utlt~~st c~rner of s~id ~~T~ C~ar ~r~k ~'~rk , Lt~ tr~~t, said paint ~reirag i~ ~l~e nart}z line ~f said Lav~a ~Crail; Thenc~, Nc~~~~}~ 8'~°~5'!~(~" East ~vii1~ 1}~c ~out~ lin~ nf s~id F~~I' Ce~lar Creek Pai~k, I,td tr,act, ~r~n~ l~eirr~ tF~z n~rt~~ ~ine of s~id €.~v~ca Tr~il tca the F(~I~tT {)~" ~~GI,1~1~I§~G and ccsn#aini~~ S.t1f act~s af laia~l r~~ar~ r~r 1c,~. Exhibit C -Conceptual Site Plan : ~ ~ ~ ~ ~ f ~ ~ ~~ I ~ ~ I 9 I; I I' I ~ ~; ~ ~' ~ ~~ ~~-~~. ~~:~T Yr,tdtk; ~ ~ ~ /~" E~85`Fi:r3i'f1~E ~ ~ ~ j-.' ~ ~ ~- .. 1 ~at~iv~ ---`' ( ~ ~ ~-E"• "~F 4 4 ~g _ 7] . I f " _' ~` ~ ~I~ ' 1 ~~ ~ r ~ P ~ I ~ =64~iR ~ ~ ~ ~ ~ ~xrt~~ i ( ~~-~ ~g~ ~a.~r~ ~ ~,.-_ ~ ~ ~ :ra~+F1L~3"~'..^~r~*; ...:~a' ~ .~ .. ~ a _ ' I--- ~~i.~4Gti~' I I ~' ~~_ ~~~, y~ ~; ~ I ,~''~ ~~ ~ i ~ ~ ,~~ -~ , ~ ~ ,~.,~, 1 ~uau~ i ~batt~? ~ F nEV€~q~ ~~~T 1 TRAGTtI ~ ~~ i ~ 3.t~2 AG a ~ ~ ~ l ~W~~ I w~a, s ~ ~ i ! ~ ~ ~.~ _ ~ .~. ~ ~ ~ ~~sC~ s.va::K- - _J.l~_ _L_ .~ ~~ =wrar+~ ~,.~.~t v ~ s~~~~~~ _ fiRACTII 5.6~ AC ~.~...~ _ ~ - ~e~_~ ~-- ~ ~.~ ~ ~ '~ ~ r~a~ ~ ~~ ~ ~~t ~ S&Y k$'/~ ~ ~iy ~i'in.~isM 1 I t~ l~~.r ex~Lkl~\. ~ ~. I q ,.f~SEtS, ~ ~'~ ~. ~~_ ~ ~. i±~ ~ ~~uuiN~ c~•rr~R ear~anRr*y P 1~..r.aG I• a6,+: hC ~ ~'. ~...... ~ '.. ..,.. F ~, _.""___"" c~ 'mi3 ~~ y''"~ ~~ z~krti:°~ r ~k~~ri _ . ~ < <~~; ~ ~ ~ ~a~ 0 ~,, Z~~,~ -~,~~~- sinsl~ Fm~F~ Kl4na:ca: Rti9~'Yfd~l~ xt~:u. _~i~ ~~ ~ a z~,+tr+:, N _ O ~ t~ > ~ W ~ ~ ~ .~ m I ~ .~.+ ~ t K W ~t~Ll..~~"1~'.'~'~ t~~.E~ ~~~~~ ~~~~~~ ~~~ ~.~~~~~ ~~~~~~,'~r~~a:s~~ ~r wr a ~r ar ~ ~r '~ ~ +rao~Ttr~s+~~r~a>ect ..~w.~...~».r.~+cs fs~n.u~a.c~~ r - ..... 3~ c~~ ~~t~ ~'r~t~ c~~~~r ~- ~ ~~~~ ~ •cs~ ~~~~~~~~ ~~~~ ~~~~~~ ~~~~ " ~~ ~~~~ Exhibit D -Building Elevations Cont. Exhibit E - Landscape Plan ORDINANCE 0-11-1803 AN ORDINANCE AMENDING ORDINANCE 0-10-1761 RELATED TO TRACT 1B1, ABSTRACT 1154 OF THE R.H. SURVEY CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-10-1761 on August 3, 2010, to establish the zoning of 8.0 acres out of the R.H. Survey, Abstract 1154; and WHEREAS, the applicant has requested an amendment to Ordinance 0-10-1761 to further amend the commercial zoning district requirements on approximately 8.0 acres out of the R.H. Survey, Abstract 1154 under Case ZC11-004; 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 affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-11-1803 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O- 10-1761. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the zoning and development requirements on Tract 1B1, Abstract 1154 of the R.H. Survey, as depicted in the attached Exhibit "A" and as described in Exhibit <<B„ Sec. 4. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. LICENSING a. This facility shall be licensed as a Type B Alzheimer Facility by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to issuance of the final certificate of occupancy. 2. WINDOWS AND OPENINGS a. Clear story windows shall be allowed for natural lighting of the first floor common area only. Said windows shall not be accessible from any walkway, hallway or catwalk such that a person could look out of the window from the inside of the building onto any adjacent residential properties nor shall there be any windows or openings for any second story or higher rooms. Interior lighting shall not directly illuminate through said windows or openings nor shall the interior lighting devices be visible from any adjacent residential property so as to be seen through said window or opening at night. Ordinance 0-11-1803 Page 3 of 4 3. EXTERIOR WALL CONSTRUCTION MATERIALS a. In lieu of stone or brick, pre-fabricated cementious fiber board, such as Hardie Plank, shall be allowed as the primary exterior wall material on the east and north sides of the primary structure for the first story of the building only. 4. FENCING AND SCREENING a. A minimum eight (8) foot brick or natural stone fence shall be constructed along the east property line adjacent to residential properties. The fence shall be constructed so as to obscure the view from the Memory Care facility first floor windows to the adjacent residential lot first floor windows. The fence shall meet all front setback transparency requirements as required by the Land Development Code. 5. SIGNAGE a. One off-premise monument sign shall be allowed along Precinct Line Road advertising this development. The sign may advertise for multiple tenants located within the Meadows Creek Plaza Addition. Otherwise all signs shall meet the minimum requirements of the Land Development Code. Sec. 6. 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. 7. 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. 8. 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. 9. 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. 10. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order Ordinance 0-11-1803 Page 4 of 4 to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 11. THAT Ordinance 0-10-1761 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2011. The second reading and public hearing being conducted on the 2011. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney Exhibit A-Location and Zoning Map k ~,,~ ~~ _ :~~: ~ __~~ - -p " I~ 1F~ ~ li~ 17 i~ ifi h41 r =~#i7 ir1i:~ ~.~,~ I~j3 ~n08 +'-~' (l~a ~; a`~~'`' ~ uiui~ ~.:~~ra :1~~~ ~ Fr~i`~ E~4~~ ~ ~`~.}~ Pr~cinct C~2 +':`s~'1~ ~ ~ J ,___ ^ ~ `~ ~ ~ a [Ta g~ r~.-,.' Line F~aad ~i~ PUDR w;a~~n ''''•r~ ~~~:: ~~~~ ~ PL+~~ 'i'-'S'a ~'~7~ ~ y ~ t~3J I ra~~ "'"`' 6~ f2 4 ~, a~ i i[~sU ~~~ ~.~-~ - - ~-~ 6=1- ~`?~rQ ~?zl 51 L G2E1~1 J t B t~ I_ 6217 ~~~ i +;,~;N=I 3~ "! "'~ I ~17._= 3TUU , ,. ~ c,~pq /'~ g,~y' ~", ~ ~~,~ ~~,~ ~ - +'~0~, h` -~_~"~ ' Lavaca Traf - 1 ;-.~~ ~:~ ~ PI~ ~IC R41~ ~?1F i ~-2~:s ~~~ e_ ~ 12 g?C;~~ 12~i - I-' r:fia i ~i;,f.i~~ Exhibit B - Legal Descriptions ~~.~~ ~l~c ~'.rr~~erk}~ Ile~csip~ic-n l~~ii~~ ~s ~.5~~ e~~:r~ trracl ~n p~rc:ci ui 1~n~ sit~~~e-~d ir~ tlie: R.hT. ]~'~~~~~~yatg ~u~'Gy, ~bs~r~ct N+~, 1jS~ i~ #11€ ~:i~~' ~f ~r~ll~g~°a'ill~, 'T~!~'~1nG ~il~ndy, Te?€~s, sai~d ta~act ~~iotg a~~nrtin~ r~f a trac.t of land cnn~~eyed ta~ ~[ T~C'F~ C:erl~,r Cr~k ~'~rk, Ltd ~.s dc:~c°rib~d in ~o~um~nt T'+~~a~rber D2.05304~C13 of the ~}e~d Recprd~ nf '1'arr~s~t C.~3u~,ty. ~I~exas, ~~ed 3,[8~ ~~.rc tract n~aa-e p;u~ic~~lar~y d~scri}~~d bv rn~te~ a:l3d l~c~un~s a~ fol] o~v~~ BEGII'~I~T~I~G at ~ T~eas I~~~art~rr~eiYt ~f Transp~rt~ali~n br~ss ~3i~l~ in cancr~t~ ~i~und ~t thc ~ouklit„~~~ c:ulback ~f th+~ inte.r.:yee#ic~n ~aC thc nort$ lin~ of Lttv'€~e~ '1'rful (6~' R~U1~.~ };tnd ~hc w~~,~t linc 4fr.I411. Hi~h~~~~ T~o. 342~1 ~~'e~in~t ~.ifYe ~0~4d~ (b~~ari~~1~ ~~idlh I~O~'~; 'Cl~~nc~: 7V~rtE~ ~5°0~3'3~°' ~~+e~t ~~nn,g ~aid cut~ack li~t,~ for ~ distarYC~ crf 35:33 fc~t lc~ a T~xas De~sr~m~t nf Tra„~p~rrati~,rz En~ass ciis~€ f~1Gn~i for curr~r in the e~,st 1in~ ~af saad F.l4+i. Hi~hv~~ay 34~~; Tlt~n~~. TTc~rth ~J~°15'2+6°' VJest along l~~ eas! li~x.° ~sf s€~iel ~,141, Hi~h~~~,• ~425~ icrr a d's~ta~c~e r~i-3T0.~0 Fee[ #~ an "~" it~ c.~r~cr~te ~ound firr €~orn~r a~ thc. 5iaulf~~~i;~i ~,~r•i~.r o~~ L~t 3, Blo€k 1, ~Ic;nd4~~~s Cree7€ ]~11r~, ~r~ ~s,[ciiti~i~ lra ihc~ ~ity nf ~c+l1c~~~~i11~ a~c~r~lin~ lca t~c p1~t tticr~~rccordcd in Cabin~C ,4, SRid~ 11fiG1 ofthe Pl~it Ae+:ords of T~rrant +Gcat~n~~,~, '~~:xas; "i`lyei~ee: ~o[~tE~ S'~°~~'4~14} ~'~'e~t with th~ sa~u~h line srF gatd T.nt 3, i31~,cic ], ~t _>~?~.7~ f~~t ~3~5~in~ ~t] "~:° fntltl[1 ~r1 ~bti~r~le at iht ~c~ut~c~~l camer af sai~ I~at ~i, Bl~xk 1., ~arr~e l~~eiaig [ltie ~~t1t11v,^csC c+~rnex ~rfLe~t A, Bla~k I, Meadnv~~~ ~:r~}~ F'la~~ .+~~diti~n an additiesn tn th~e ~:ity o£~o~]e~vill~ ~ccuedin~ ~~ tFU= plat rec4~d~d ir~ ~al~iraet ~, ~i~~~ ~ i ~~~ ~r K~,~ ;~~a~ i~ecor~~ ~f ~r~t ~c~~~~~„ '3'+~a~s, ~nd ~ontin~un~ ~1nn~ the s4u~k3 line c~f s~id Lot ~, ~lnc[c 1 a tt~[~i dist~n~~ ~af ~3~,~2 ~~~t icti ~t.r `.x" Fx~e~nd in c:c~n~r~:t~ €~r corne~- ~t the snu~l}eas~ cc~r~er of s~,id L.~~ 4, L~ ~a~~~€ i; 'fl~enc~e, ~cw~Mth ~DO~pQS'44" ~~'~:s~ f~r ~ distlnce af ~~_~ ] fcet to a p~u~t for cvrner; Tlyeitc~:~ ~~,u#ks 23~49'4{~" ]_?~t ~`e~r ~ disl~7~~ af ~"T~_42 fc~et to a~aint far carlt~r; "~lt~n~cc: South C1~i°~}~°l~C~°` ~~F~SI fc~Y ~l diSE~In~C~ C~[~ ~1.8~ i~.~l ia ~ po~nl ic~r c~arncr in th~ n~rt~ liaie €~f ~ai~ I.avaca'f`rail; ~h~n~~: Nc~rih S~"~S'~0" E~st ~s~i#h fi3t~ nort~Y ~inc ~f ~aid C.~-~~~e~a Tr~il for ~[I1SIA1tC@ c~f 42.~_b9 fcct #~ tlie P~€]IR?~I' {~F` RF{:;.I~VTYINC~ an:i ~o~ni~i~ir~g 3,0~ ~z~s t~f L~ntl more or less. 5,~}i~ ~rc I'r~p~rty il~~cr~~t~or~n B~ing a S_~]{~ scre tr~ct v~Y ~7~r~el oFl~~al siiual~ci in th~. R_~~ h~IcF"~irrg Satvey~, A~s#ra~t l~o. I 15+~ in thc ~iE;~ of ~€~llevuill.~, Tarra~t Ccrunt}•, '~t;r:as, s~id Yea~t hein~ s jxart~c~n of a tr~ct C~f 1$nr1 a:ranv~y~ci ta RCF Cedar ~re~e.k Parlc, f.tr3 ~s i~escribe~~ in DcaclGrncnt 3+]un-sL~er D~fi5~04543 nf tI]~ I~~~S~ R~~;{7Pi~3 [7~ T:iflRll~ GOtlClt~', 'T'exa~; sait~ 5,f~6 r~wri tr~ct morc Frarti~ularf}' descri~ed b,A rnclcs and bo~ar~ds a.~ #allo4v~s: C'UI4714~~~ING at a Texas Dep~rttrtient ~F Tr~nsporkatian br,~s.s disk faunt~ ~t ahe scautlteast cu~6~[k lin~e ut th~ ~.~st Iine of F.M. Hi~hv,~~sy ~(1~~7 {l'tesclnc# Linc E~eaa€~~ ~~.~~ablc w~dth re~ht o€ way} pnd th~ n~arth lin~ of ~.€r~.~aca Trail f~~' R~I~F}; T]7~~fce_ ~e~attl~ ~9°~5'~~'" '~`ea~ ~viih the nnr[h ]iati; +~f s~id 1.2~}~~et~ Tr~11 irar K r~istancc of 4~3.6~i feet tn tlle FC~I'~fT C4F BE~T1~il~lf~; TIli~RCC= N01'T~l t.~U°S}~'~U~' 1~`~.'~t t~r~r a dis~ance ~rf 41.fi~ feet tn p~~itst for c~r~ier; Tl~encc~ Nortlt 23 "'~ ~~,~t}~' W~st f~r a disf~nue ~f ?'F?.~2 fee# tu a poiatt fc~r c+amer; The~ce: J~Tort~a 40°C+S'QO" Wes[ ~,4 43,~1 fe~t passisr.~ an g~x„ fou+td iys cc~x~crete a# k~te s~ruthea~ c~rr~~ex c~f T~~t 4, f3lc~ek 1, P++Icad~o-v~~ Cr~ek Pla~a ,~,ddi:Cinn, an, additi+air t~ ihe Cit~~ of ~]]~yvilfe ~er li~e p1~C r+.~ecrrdc~l ~n ~binet fi, ~lide ~i~,~,~ v~°th+~ ~'l~t Recneds of T~rr~,n# ~csunty. 'fex~s, and can[inuin~ alan~ au e~~t line nf said Z.nt 4, Bl~c~: A, ~ total dist~~lc~ c~f 77,84 f~e~ rca a point for c~rracr; Thenee: lwltart[~ 03°17'~5" ~Fest v~~th ea~t ]iEt~ ~f s~i~ €~[ ~1, Bl~a€:k A, for ~ distzenee of 1~4,21 f~ee~ io ~ p~ini f~r cor~serw 'fkti~ttice: 1o~t~r~h p2a4~'~4" W~st f[rr ~ r3isr:~,:e oF ] p3e90 fe~t t~ ~~oint ~~r oorne~ in Ih~ nvr#h ]i9~~ o~ said RC:~' C:~~lpr ~rcck ~~,rk, Ltd tract, s~id ~~3rrot beirs~ t~r~ r~~rtlre~3t corn~r of sasd Lnt 4, ~lnck 1, ~~~~d~~w ~.f~ck Plax~ tl~ddition; Tlticn~: Scru`h 89°.55'U4" We~stwi~l~ 11~o zrc~rih ]ine ofsaid R!CP Cedar Creek Paek_ I.td tract f~rr a distancc of d27_37 F~ei fta ~ p~-inl I'+~r eorn~r a[ lhe nc~rllaet~s! c~rncr af said ~~~ ~e~~r Crc:~k Park, L.td tract; °r'~~~e~i~:e; Sc~~~th ~3°~7' 13" ~{~'e~i ~~ith tllti~ e.~s~ 11n~ o#° sai~ 1~.~'P ~:~dar L'reek Ys~r~C, L1d iract fnr a distance o~i`bU3.~C} t~~cl lo a poin# far cr,rner at th~ ~utlle~st ~rner of saiel ~C:~ C~:da~r Cre~ek Park , Lc~i tr~ct, ~aid ~c,int ~in~ in t~ie nc~rth lin~e crfsaid ~avac~ ~.I~rai]a Thence= Nr,rtli ~~1~~5'Slfl" Ens[ wit~f tlYe srstw~~ linc of s~i~ Fk.~lp Cedar Cr~e~€ Pa9~ka i.td trac~, saat~e being t}ie.e~or~if Ein~ ufs~id €.~ix~aca Trz~il f~a th~ P(]iN~" Cl~f' 13~:C~1~T81'G a~o7d . c~rcotai~an~ ~~d§fi a~~'~s o1' I~aj~l riis~rr= t~~ It~.~s, Date: p / 4/ ( ~ ~ 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 ^opposition Agenda Item Num~ber: Name: ~1 O ~U SPEAKER CARD ^support ~ Ordinance/Resolution Number: `` Address: ' _/3~y2 ~ ~ ~~ p City: ~~Q' ~i{i/4-~ State: ~_ Zip Code: ~'SZ 71L Telephone Number: ~y ~j 3~•4y~o Representing: f~IN (organization elfl I understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Council will not respond in accordance with the T as Open M~/llings La , Chapter 551 of the Texas Loca/ Government Code. / ~ Signed: is information is ~ Public Record. File Number: R-11-3387 City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: R-11-3387 File Type: Resolution Status: Resolution Version: 1 Requester: Economic Development Department Agenda Date: 08/02/2011 Agenda No.: 7a Controlling Body: City Council Final Action: File Name: Approval to revise Resolution R-10-3286 adopting Guidelines and Criteria for Economic Development Incentives Attachments: Resolution R-11-3387.pdf History of Legislative File Version: Date: Acting Body: Action Text: 08/02/2011 City Council Title Approval to revise Resolution R-10-3286 adopting Guidelines and Criteria for Economic Development Incentives Explanation Reading and Public Hearing At the July 19, 2011 Pre Council meeting, City Council directed staff to amend the City's Economic Development Incentive Guidelines and Criteria, specifically the Matching Grant Program, to better define what is intended in the way of a destination restaurant or retailer and to add language for a Forgiveable Loan Program. The proposed amendments are attached and detailed in the Economic Development Incentive Guidelines and Criteria, attached to the proposed Resolution as Exhibit "A". The amendments require a greater level of investment, from the present $5,000 up to a new minimum of $30,000, for associated interior tenant improvements for a destination restaurant or retailer grant; and for disbursement of those funds to be broken out over a three year period. The proposed Forgiveable Loan Program considers providing destination restaurants or retailers (again, ones that have "a strong enough appeal to draw customers from beyond" our community or "to whom consumers will make a special shopping trip") with forgivable loans of up to an amount negotiated by the City Council, in which the restaurant or retailer is forgiven a portion of its loan for each year it is open and operates . Any loan approved under this proposed program shall be forgiven 20% each year for up to 5 years. Thus for example, if City Council approves a forgivable loan amount of $100,000, it is to be forgiven in annual increments of 20% or $20,000, beginning one year after the issuance of a certificate of occupancy. The entire loan amount may be recaptured by the City, should the restaurant or retailer suspend operations at any time within 5 years City of Colleyville Page 1 Printed on 7/29/2011 Apenda Briefinp Continued (R-11-33871 following the issuance of a certificate of occupancy. Financial Impact There is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 7/29/2011 RESOLUTION R-11-3387 A RESOLUTION TO REVISE RESOLUTION R-10-3286 ADOPTING GUIDELINES AND CRITERIA FOR ECONOMIC DEVELOPMENT INCENTIVES WHEREAS, Texas State law provides for a home rule municipality to offer various economic development incentives; and WHEREAS, the City of Colleyville has made a long term commitment to economic development, and the City seeks to foster a more diversified tax base so that it may deliver sustainable government; and WHEREAS, the economic viability of the City of Colleyville depends upon the City's ability to retain and foster the expansion of existing businesses, as well as attract new investment through the location of new businesses; and WHEREAS, the City of Colleyville recognizes it must also enhance its competitiveness with other communities and especially neighboring municipalities; and WHEREAS, Chapter 312 of the Texas Tax Code requires that each taxing entity who wishes to consider granting economic development incentives must first adopt a set of guidelines and criteria, and the City of Colleyville desires to update Resolution R-10-3286. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Economic Development Incentive Guidelines and Criteria contained in Exhibit "A" are hereby adopted. Sec.2. THAT the City of Colleyville will utilize said Guidelines and Criteria to negotiate and consider economic development incentive programs. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor Exhibit "A" CITY OF COLLEYVILLE, TEXAS ECONOMIC DEVELOPMENT INCENTIVE GUIDELINES AND CRITERIA Section 1. General Purpose and Objectives General Purpose The policy herein is intended as a guide for use in developing economic development incentive packages under the provisions of state law. Notwithstanding the policy herein established, the City Council of the City of Colleyville retains the right to act within the provisions of such act without the necessity of amending the general policy and/or purpose adopted within this set of Guidelines and Criteria. Obiectives The City of Colleyville, Texas, has made a long-term commitment to economic development. The City seeks to foster a more diversified tax base so that it may deliver sustainable government. Insofar as these objectives are generally served by the enhancement and expansion of the local economy, the City of Colleyville will, on a case-by-case basis, give consideration to providing tax abatements and other forms of economic development incentives as stimulation for economic growth in Colleyville. It is the policy of the City of Colleyville that said consideration will be provided in accordance with the criteria outlined in this document. Nothing herein shall imply or suggest that the City of Colleyville is under any obligation to provide any type of incentive to any applicant. The City of Colleyville's Economic Development Department is charged with retaining existing businesses, attracting new businesses and marketing Colleyville-with the goal of expanding the City's commercial tax base. In keeping with this overall mission, the City has implemented a three point strategy in order to accomplish these important tasks: - To identify and assist retail developers, corporate office and medical/physician specialist/ laboratory-related facilities to invest and build new, high quality sales and property tax- generating projects in Colleyville; - To assist landowners in the sale, development, and redevelopment of potential retail, office and hotel sites to their highest and best use; and - To recruit new, and retain existing, Colleyville retailers, restaurants, corporate office and medical/physician specialist/laboratory-related facilities and other sales tax and property tax generating businesses compatible with Colleyville's available land, land use plan and demographics. To achieve this goal, the City wishes to enhance its economic development efforts by developing an incentive policy to promote retention and expansion of existing retailers, restaurants, corporate office and medical/physician specialist/laboratory-related facilities and to attract similar new businesses to Colleyville. City of Colleyville Guidelines and Criteria Page 2 of 11 Within the context of these goals, the City of Colleyville will give consideration to providing reasonable incentives as a stimulus for new development and redevelopment on a case-by- case basis. Nothing herein implies or suggests that the City of Colleyville is under any obligation to provide any incentive to an applicant. The City recognizes that only certain businesses are worthy of incentives. Section 2. Criteria Any request for a tax abatement or any other type of economic development incentive shall be reviewed by the City Council. Their decision shall be based upon an evaluation of the following criteria, which each applicant will address in narrative form within or on pages attached to the City's Application for Economic Development Incentives: Employment Impact - Total number of full time equivalent jobs brought to Colleyville; - Types of jobs created; - Total annual payroll. Fiscal Impact - Total real and personal property value to be added to the tax roll; - Anticipated direct sales tax to be generated at one (1) percent of taxable sales; - Other revenues generated for the City: franchise payments, occupancy taxes, utility revenues, etc.; - Amount of city infrastructure construction or participation required; - Projected total annual operating budget of the facility. CommunitV Impact - The expected effect the project will have on the local housing market; - The expected environmental impact, if any, created by the project; - The compatibility of the project with the City's Comprehensive Plan; - The impact on neighboring businesses and/or property owners; - The project's location (i.e. is it proposed to be located in a targeted area or an area designated for redevelopment?); - The project's impact on the cost or provision of Colleyville municipal services; - The project's type of business enterprise (i.e. is it among the types of businesses targeted for retention within or attraction to Colleyville?). Competitive Impact - The effect the project would have on existing businesses in Colleyville; City of Colleyville Guidelines and Criteria Page 3 of 11 - A list of the types of products or services to be sold by the applicant which are currently sold by existing Colleyville merchants; - A list of specific businesses seen as direct competitors to the applicant. Please note that the City of Colleyville seeks first to retain existing businesses and therefore will consider whether an applicant will compete or potentially displace existing Colleyville businesses. Section 3. Types of Incentives It is the policy of the City of Colleyville to customize the provisions of economic development incentives on a case-by-case basis. This individualized design of a total incentive package is intended to allow maximum flexibility in addressing the unique concerns of each applicant while enabling the City of Colleyville to better respond to the changing needs of the community. Colleyville's goal is to adequately package incentives, with clear parameters, that are tailored to match business needs-as well as to the types of businesses Colleyville prefers. Likewise, Colleyville recognizes how incentives that encourage business growth and development are often unique to the needs of each individual business. The City is therefore open to discuss any particular incentive(s) that may be necessary for a business to ensure its success in Colleyville. Consideration will be given to providing any type of economic development incentives not prohibited by state or federal law including, but not limited to: tax abatements, in-lieu-of Freeport exemptions, state tax grants and other grants in general, as well as participation in infrastructure and waiver of fees. These economic development incentives are in addition to an ongoing tax increment financing program offered by the various taxing entities, which is not a part of this incentive program. The provision of incentives will be subject to the procedural and other requirements outlined in this document as well as those mandated by state or federal law, and by other actions of the City of Colleyville. All incentive agreements will be performance-based. Nothing within these guidelines shall imply or suggest that the City of Colleyville is under any obligation to provide any incentive to any applicant. Section 4. Value of Incentives Following an assessment of the response provided to the criteria contained in Section 2, the City Council shall determine whether it is in the best interests of the City of Colleyville that economic development incentives be granted to the applicant. The review process will examine the "value added" terms of the project. Additional consideration, beyond the criteria, will include such items as the degree to which the project/applicant furthers the goals and objectives of the community or meets or compliments a special need identified by the City Council. Moreover, the City will consider whether the proposed business type is included on the targeted list City of Colleyville Guidelines and Criteria Page 4 of 11 identified within the three point strategy included in Section 1. above. Preference is given to medical/physician specialist/laboratory-related facilities and corporate office uses. Tax Abatements: A Tax Abatement may be offered in two categories: 1. Real Property (not located in the TIF District); and/or 2. Business and Personal Property Real property abatements may be offered to applicants which will pursue the construction of new or expanded facilities in which to house the applicable project. The abatement may apply only to the value of improvements made. Business Personal property abatements may be offered to applicants which will pursue the purchase or long-term lease of existing facilities. The abatement will apply to the value of new personal property brought into the taxing jurisdiction. State law permits municipalities to grant a maximum property tax abatement of 100 percent each year for up to ten (10) years. Once a determination has been made that a tax abatement may be offered, the City will determine the value and term of the abatement according to the following schedule: Minimum Abatement Percentage of Property Du ration Abatement Investment Considered by Council $2 million* 1St year Up to 100% 2nd year Up to 90% 3rd year Up to 80% $5 million 1St year Up to 80% 2nd year Up to 70% 3rd year Up to 60% $10 million+ 1St year Up to 60% 2n~ year Up to 50% 3rd year Up to 40% *Only medical, physician-specialist or laboratory facilities are eligible for consideration. City of Colleyville Guidelines and Criteria Page 5 of 11 Each application for consideration of a tax abatement, whether for Real Property or Business and Personal Property, shall include a$1,000 tax abatement application fee. The fee shall cover the cost of staff time spent analyzing and evaluating the application's merits. Grants The City of Colleyville may agree to extend a grant based on the amount of revenues to be generated by the economic development project to the City of Colleyville for such categories as sales tax, occupancy taxes, utility fees, or similarly related revenues. Chapter 380 of the Texas Local Government Code also permits loans and grants of City funds and use of City staff and City facilities at minimal or no charge. Any such use must be construed as serving a"public purpose". Likewise, any type of loan, grant or waiver requires a contract between the City and the applicant. Retail Sales Tax Grants By contract, the City may provide an incentive consisting of an annual grant through a tax rebate, based on a percentage of the sales and use tax received by the City from the sale of taxable items by the applicant. The City is authorized by Section 380.001, Texas Local Government Code, to make such grants. Sales and use tax means the City's one (1) percent sales and use tax on the sale of taxable items by the applicant at the applicant's business location in the City. The applicant by contract will be required to provide a sales tax certificate setting forth the applicant's collection of sales and use tax for the sale of taxable items consummated at the applicant's business location in the City for the previous ending twelve (12) calendar month period, with such supporting documentation as may be required by the City. The grant would be conditioned on the applicant's continued ownership/occupancy of the project site. The sales tax grants would be paid in annual installments within ninety (90) days of the end of each twelve (12) calendar month period following the issuance of the certificate of occupancy for the facility, or other commencement date if no certificate of occupancy is required. The grant would not include any of the City sales and use tax receipt from the imposition and collection of sales and use tax for taxable items consummated at any location, business establishment or by any other entity in the city, other than from the applicant's sale of taxable items at the applicant's business location in the city. Any sales tax grant payable would be limited to the extent that the City has received sales tax from taxable sales by the applicant. The City would not be required to provide any grant for any twelve (12) calendar month period during the term of the agreement for which the City has not received sales tax revenue from taxable sales by the applicant for such twelve (12) calendar month period. City of Colleyville Guidelines and Criteria Page 6 of 11 The City's obligation to pay the sales tax grants in the agreement would additionally be conditioned upon the applicant requesting and providing sales tax documentation from the Office of the Comptroller of the State of Texas. The City may also condition the incentive upon the creation of employment, construction of improvements, certain development, continued operations for a stated period, or other public consideration. Any incentive agreement shall be written in a legally enforceable contract. The contract shall require the applicant to construct certain improvements or expansions and contain at a minimum the following terms: 1. Generation of a certain level of sales tax; 2. An annual written certification that applicant is in compliance with the agreement; 3. Authority to terminate or modify the agreement if applicant fails to comply with agreement; 4. Minimum term of occupancy or continued operations within the city. 5. Authority/permission for the City to schedule an annual inspection of the business or facility. 6. Annual review of the business entity's financials; 7. Agreement that the applicant will not contest any Tarrant Appraisal District appraisal increases throughout the term of the contract. 8. Claw-back or recapture of any and all rebated grants should the applicant default on any portion of the contract (see Section 5. Recapture below). In the event the applicant files an amended sales and use tax return,- or report with the State of Texas, or if additional sales and use tax is due and owing, as determined by the State of Texas, affecting sales tax receipts for a previous twelve (12) calendar month period, the sales tax grant payment for the next twelve (12) month calendar period immediately following such State of Texas approved amendment could be adjusted accordingly provided that the City has received sales tax receipts attributed to such adjustment. As a condition precedent to payment of such adjustment, the applicant should provide the City with a copy of any such amended sales and use tax report or return, and the approved thereof by the State of Texas. In the event the State of Texas determines that the City erroneously received sales tax receipts, or that the amount of sales and use tax paid to the City exceeds the correct amount of sales and use tax for a previous twelve (12) calendar month period for which the applicant has received a sales tax grant, the applicant will be required within thirty (30) days after receipt of notification thereof from the City specifying the amount by which such sales tax grant exceeds the amount to which the applicant was entitled pursuant to such State of Texas determination, repay such amount to the City. City of Colleyville Guidelines and Criteria Page 7 of 11 Infrastructure Particiaation and Waiver of Fees The City of Colleyville may agree to partial or complete cost participation for the extension, construction, or reconstruction of infrastructure necessary for the development of an economic development applicant's project. In addition, the City Council may approve the waiver of fees for, but not limited to, building permit applicants, utility taps and similar fees. Matchinq Grants In accordance with the City Council's strategic initiatives plan, the City of Colleyville will also consider providing matching grants of up to $15,000 for each of the following types of investments through a public/private, cost-sharing program: 1. Fa~ade improvements-Existing building fa~ade improvements that meet the following criteria: - Proposed improvements must exceed City's minimum rating criteria for commercial building designs; - Proposed improvements must be reviewed and approved by an Architectural Review Commission. 2. Signage removal and replacement-Assistance with pole sign removal and/or replacement as landscaped monument signs or landmark signs (if applicant meets the City's square footage requirement); signage plan must meet the following criteria: - Proposed signage removal and replacement must meet all the current requirements of the City's Land Development Code and be reviewed and approved by an Architectural Review Commission. 3. Tenant improvements for destination restaurants and retailers-Restaurants must not be presently located in Colleyville or any immediately adjacent city, if new, and not replicated in any adjacent city if existing. Matching grants for this purpose are designed to help stimulate redevelopment and development (i.e. tenant finish out) of spaces to accommodate these types of restaurants and retailers, providing a way to attract diners, shoppers and expenditures from other parts of our region, from even outside the region and to reduce existing leakage within the region. Those associated expenditures become additional revenues to Colleyville's businesses, wages to the employees, and tax receipts to the City. A destination restaurant or retailer is a dining or shopping establishment that is unique to the City's primary trade area, as delineated by the Colleyville Merchandising Plan. As it relates to the idea of "destination" restaurants and retailers, Wikipedia defines a destination restaurant as "one that has a strong enough appeal to draw customers from beyond its community." Prentice-Hall's On-line Glossary notes that a destination retailer City of Colleyville Guidelines and Criteria Page 8 of 11 is "A retailer to whom consumers will make a special shopping trip." And BusinessDirectory.com adds that it is a"Popular retailer (catalog, store, or website) from whom customers, attracted by its ambience, price, and/or variety, will make a special effort to buy." To qualify for matching grant consideration under Matching Grant Program category 3, applicants must illustrate that their proposed restaurant or retail establishment- 1) Will be unique to Colleyville's primary retail market; 2) Is investing a minimum of $30,000 on interior tenant improvements (qualifying as real property improvements that will remain with the building in a worst case scenario), and exclusive of any equipment or fixtures (i.e. personal property that could be removed and sold on the secondary market, again in a worst case scenario). All applications for Matching Grants must also submit a written business plan for review and comment by the City's SCORE business counseling office. Matching Grant incentives approved for the first two categories will consist of cash payments payable upon successful completion and inspection of all facility improvements or redevelopment, as outlined in an incentive agreement to be entered into between the City and the owner of the facility or facilities to receive the grant. If the City chooses to utilize the Matching Grant program for one of the first two categories of improvements, the City may elect to make a grant in an amount up to 50% of the cost of improvement, not to exceed $15,000 per improvement, with a minimum business investment of $5,000. Matching Grant incentives approved for the third category will be paid out, likewise as outlined in an incentive agreement to be entered into between the City and the owner of the facility or facilities to receive the grant, in three equal payments over the first three years of operation at the completion of each year. Forqivable Loans The City of Colleyville will consider providing destination restaurants or retailers (again, ones that have "a strong enough appeal to draw customers from beyond" our community or "to whom consumers will make a special shopping trip") with forgivable loans of up to an amount negotiated by the City Council, in which the restaurant or retailer is forgiven a portion of its loan for each year it is open and operates. Any loan approved under this program shall be forgiven 20% each year for up to 5 years. Thus for example, if City Council approves a forgivable loan amount of $100,000, it is to be forgiven in annual increments of 20% or $20,000, beginning one year after the issuance of a certificate of occupancy. The entire loan amount may be recaptured by the City, should the restaurant or retailer suspend operations at any time within 5 years following the issuance of a certificate of occupancy. City of Colleyville Guidelines and Criteria Page 9 of 11 Non-Cash Incentives The City of Colleyville will also consider providing non-cash incentives (primarily procedural in nature) for stimulation of development and redevelopment. Such incentives include: 1. Signage and intersection improvements already funded within the CIP; 2. Fast-track planning, plans review and permitting, as staff work level allows; 3. Dedicated inspections; 4. Corporate relocation assistance for employees and their families; 5. Employee recruitment and training, as funded through State of Texas grant programs and Tarrant County College; 6. Possible access to community bank lending through the City's CDARS program; 7. Recreational opportunities; 8. Business promotion and assistance; 9. Assistance with demolition of existing structures for redevelopment and new investment. Public Imarovement Districts The City of Colleyville is also willing to consider the creation of Public Improvement Districts (PIDs). Public Improvement Districts may be created by a municipality at the request or with the consent of property owners. PI Ds allow for the levy of voluntary assessments and the issuance of tax exempt bonds. Funds collected through PIDs and any associated bonds may be used for capital improvement projects and maintenance within the geographic area. Section 5. Recapture All incentive agreements shall include a provision allowing City staff access to the applicant's business and/or facilities for an annual inspection, so the City may monitor and enforce accountability. In the event a business receiving incentives from the City of Colleyville fails to perform under the agreement executed between the City and the business, the incentive obligation on the part of the City will be void. Any incentive paid to the business up to the point of failure shall be returned to the City of Colleyville in full. All incentive agreements will be negotiated and executed to include claw-back provisions. Section 6. Procedural Guidelines Any person, organization or corporation desiring that the City of Colleyville consider providing economic development incentives to encourage location or expansion of operations with the city limits of Colleyville shall be required to comply with the following procedural guidelines. Nothing within these guidelines shall imply or suggest that Colleyville is under any obligation to provide incentives of any amount or value to any applicant. City of Colleyville Guidelines and Criteria Page 10 of 11 Preliminary Application Steps 1. Applicant shall complete an "Application for Economic Development Incentive" as provided by the City. 2. Applicant shall address all criteria questions outlined in Section 2. above directly on the application form and in letter format, if additional explanation and information are necessary. 3. Applicant shall prepare a plat showing the precise location of the property, all roadways within 200 feet of the site, and all existing land uses and zoning within 200 feet of the site. If the property is described by metes and bounds, then the applicant shall also provide a complete legal description. 4. Applicant shall present the application to the Director of Economic Development and obtain his/her signature that the package is complete before formal submission to the City. Applicant shall complete all forms and information detailed in items 1 through 3 above and submit them to the Director of Economic Development, City of Colleyville, 100 Main Street, Colleyville, Texas 76034. Application Review Steps 1. All information in the application package detailed above will be reviewed for completeness and accuracy. Additional information may be requested as needed. 2. The application will be distributed to the appropriate City departments for internal review and comment~. Additional information may be requested as needed. 3. Copies of the complete application package and staff comments will be provided to the City Council. 4. In light of the proprietary nature of this data, all information included within the application shall remain confidential unless and until formal action is taken to establish an incentive agreement. Consideration of the Application The City Council will consider the application at a regular or called meeting(s). State law stipulates that incentives need to be endorsed by a local governing body. Therefore, additional information may be requested as needed. The City Council of Colleyville may consider a resolution calling a public hearing to consider establishment of a tax reinvestment or redevelopment zone or other zone designation as deemed appropriate. City of Colleyville Guidelines and Criteria Page 11 of 11 The Colleyville City Council shall hold a public hearing and determine whether the project is "feasible and practical" and whether it "would be of benefit to the land to be included in the zone and to the municipality." The City Council of Colleyville may consider adoption of an ordinance or resolution, as deemed appropriate, designating the area described in the legal description of the proposed project. The City Council may consider adoption of a resolution approving the terms and conditions of a contract between the City and the applicant governing the provision of the economic development incentives. If the City Council chooses to grant a tax abatement, the City must designate an area as a reinvestment zone. Any City designating a reinvestment zone must make two findings: 1. Proposed improvements are feasible and practical and would benefit the zone; and 2. The zone meets one of the eligible criteria for reinvestment zones. The City's criterion include 1) whether the proposed project within the zone is likely to contribute to the retention or expansion of primary employment or 2) to attract investment within the zone. City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 08/02/2011 Controlling Body: City Council Requester: Office of the City Agenda No.: 9 Final Action: Secretary File Name: Reports - August 2, 2011 Attachments: Senior Center Advisory Committee Minutes - March 17, 2011 • Senior Center Advisory Committee Minutes - May 19, 2011 • Planning and Zoning Commission Minutes - July 11, 2011 History of Legislative File Version: Date: Acting Body: Action Text: 1 08/02/2011 City Council Title Senior Center Advisory Committee Minutes - March 17, 2011 Senior Center Advisory Committee Minutes - May 19, 2011 Planning and Zoning Commission Minutes - July 11, 2011 City of Colleyville Page 1 Printed on 7/29/2011 G,sY of ~ ° Il~ T~X~s SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, March 17, 2011 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:33 p.m. on Thursday, March 17, 2011 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Molly Skinner, Heath Dowell, Anne Gifford and Dorothy Parker ABSENT: Melanie Damron, Wanda Johnson STAFF: Renee Garrett, Senior Center Supervisor VISTORS: Steve Norder, Colleyville Courier 1. Call to Order and Roll Call 2. Approval of the January 20, 2011 Senior Center Advisory Committee Minutes Molly Skinner made a motion to approve the minutes. Dorothy Parker seconded. The motion carried with a unanimous vote. 3. Discussion and Consideration of Senior Center ~sh List The Committee discussed the need for additional lighting for the puzzle table. Dorothy Parker made a motion to add adequate lighting to the puzzle table area and Anne Gifford seconded the motion. Lighting for the puzzle table will be added to the Senior Center Wish List. 4. Discussion of Items of Interest for Potential Future Action Debra Minea talked with the GCISD representative and flyers were posted concerning the bond election informational meetings. 5. Reports - Staff and Committees Renee Garrett, Senior Center Supervisor gave an overview of the center activities and upcoming special events. 6. Citizen comments/presentation regarding items not on the agenda None 7. Adjournment Dorothy Parker moved to adjourn at 1:53 p.m. Heath Dowell seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: .J~a.tPu~ E. .lVla.a}ie Kathy E. Moore, Administrative Assistant G,sY of ~ ° Il~ T~X~s SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, May 19, 2011 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:32 p.m. on Thursday, May 19, 2011 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Molly Skinner, Heath Dowell and Melanie Damron ABSENT: Wanda Johnson, Dorothy Parker, Anne Gifford STAFF: Renee Garrett, Senior Center Supervisor 1. Call to Order and Roll Call 2. Approval of the March 17, 2011 Senior Center Advisory Committee Minutes Molly Skinner made a motion to approve the minutes. Melanie Damron seconded. The motion carried with a unanimous vote. 3. Discussion and Consideration of Senior Center Wish List The Committee discussed the problem of glare at the puzzle table and the need for additional lighting. It was decided that they would install a window sheer at this time and see if it alleviates the problem. There was additional discussion about adding a plaque to the wish list recognizing their 90/older members. 4. Discussion of Items of Interest for Potential Future Action None 5. Reports - Staff and Committees Renee Garrett, Senior Center Supervisor gave an overview of the center activities and upcoming special events. Debra Minea stated that Metroport Meals on Wheels (MMOV~ is down a bit. 6. Citizen comments/presentation regarding items not on the agenda None 7. Adjournment Heath Dowell moved to adjourn at 2:19 p.m. Melanie Damron seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: .~~actPu~ E. J!/la.o}ie Kathy E. Moore, Administrative Assistant ~"'-~~ City of Colleyville ~~~~ ~ ~~`~ Minutes - Final ,~ :,.,.; Planning and Zoning Commission Monday, July 11, 2011 6:15 PM City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON PAST AGENDA ITEMS EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda 7:00 P.M. - REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on July 11, 2011. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Marty Wieder, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Davis moved to approve the May 9, 2011 meeting minutes as written. Commissioner Rotthaus seconded. City of Colleyville Page 1 Printed on 7/27/2011 Planning and Zoning Commission Minutes - Final July 11, 2011 The motion carried by the following vote: Aye: 7- Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a replat on 2.0 acres on Lot 1, Block 1 of the Fisher Addition located at 5513 Montclair Drive, Case PC11-001 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:11 p.m. Don Enty, the applicant and property owner, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:12 p.m. Commissioner Phelps moved to approve case PC11-001. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7- Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 7b Approval of a request to rezone Lots 1-16, Block 1 of the Colleyville Heights Addition from R10-Single Family Residential to PUD-R-Planned Unit Development Residential located in the 800 block of Regina Court and 5408 South Drive, Case ZC11-008 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:15 p.m. Shawn Coghlan, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Coghlan regarding if the market dynamics require a larger first floor space. Mr. Coghlan replied that there is a market for a larger first floor space to help cut down the maintenance of the lot. City of Colleyville paye 2 Printed on 7/27/2011 Planning and Zoning Commission Minutes - Final July 11, 2011 Commissioner Dudziak stated the development does not meet the open space requirements. He further stated that other developers have set aside the requried amount of open space for such a development. Commissioner Dudziak questioned Mr. Coghlan regarding if there is something that could be done to allow for more open space. Mr. Coghlan replied they could potentially give up Lot 1 to allow for more open space however, it may not be an economically feasible option. He stated that once the developer was done, they purchased all but two of the lots for construction. He stated once they started building on those lots, the lot coverage percentage was calculated differently by staff than it is done now which has caused the need for a larger percentage for lot coverage. He stated the only square footage that was counted for lot coverage percentage was air conditioned space which allowed for the larger homes to be constructed. He stated the area under roof is now what is considered for lot coverage which incorporates the garages and porch areas. He further stated that this puts them at a competitive disadvantage. Commissioner Davis questioned Mr. Coghlan why this was changed? Ron Ruthven clarified the interpretation of the lot coverage percentage to be the area in which the building footprint encompasses; the actual foot print of the building not just the air conditioned space. He further stated that this interpretation has changed just in the last few years; an administrative lapse. Commissioner Phelps questioned staff regarding if there is an air conditioned space above the garage area, is that area included in the calculation? Ron Ruthven replied it would not be the square footage of the home itself, but of the footprint, the outline, of the house itself. Commissioner Phelps stated having a concern for the lack of open space. He further stated that the existing open space, with today's standards, does not count as open space. He stated it is taking a congested neighborhood and making it more congested. Mr. Coghlan stated that he does not know for sure if anything more can be done with the open space requirement; they have inherited it. He further explained that they want a little more lot coverage so that they can construct a reasonably sized, first floor that includes a three car garage. Todd Handwerk, President of Calais Custom Homes, stated the briefing packet contains a small lot subdivision list for properties in Colleyville. He stated that this development will be less dense than 85 percent of the subdivisions on this list. Commissioner Phelps questioned Mr. Coghlan if the intention is to build a one story home on several of these lots or to have a larger first floor City of Colleyville Page 3 Printed on 7/27/2011 Planning and Zoning Commission Minutes - Final July 11, 2011 with a two story home? Mr. Coghlan replied there is a need for a living on a story and half structure. He stated they are asking for a 50 percent lot coverage. He stated the current zoning is so restrictive on the 35 percent that they are not able to take advantage of the setbacks that were established. Discussion occurred between Mr. Handwerk and the Commissioners regarding the setbacks. Mr. Handwerk stated that the R10 zoning was deleted in 1976; he stated it just does not work in today's environment. Commissioner Knox questioned Mr. Handwerk regarding if the calculation changed after development started taking place. Mr. Handwerk replied yes and that about a year ago, they tried to get a variance on a lot that went over the lot coverage percentage, by about three percent, and were denied the request. He stated that they visited with staff and staff recommended them to move forward with a zoning change. Commissioner Davis questioned staff regarding what type of precedence is set by approving this request for the rest of the City. Ron Ruthven replied it would not set precedence because this property is unique. He further stated that most of the R10 zoned lots, in the City, exceed the actual 10,000 square foot lot size requirement. Karen Moore, 5412 South Drive, stated that she is in favor of this request especially if this will help develop the vacant lots. There being no one wishing to speak, the public hearing was closed at 7:31 p.m. Commissioner Dudziak questioned staff regarding if the request is just for the lot coverage in this PUD? Ron Ruthven replied yes. Commissioner Dudziak questioned staff regarding if the PUD could be limited to just the lot coverage percentage without changing the actual setbacks. Ron Ruthven replied yes. Commissioner Dudziak questioned Mr. Handwerk regarding if that would solve the problem. Mr. Handwerk replied that would help but with moving the setbacks it allows for more articulations with the construction . He stated it would not solve the problem. Commissioner Dudziak questioned Mr. Handwerk regarding if a five foot variation on the rear would be acceptable. Mr. Handwerk replied yes, it would help. Mr. Coghlan explained an exhibit that was presented in the briefing City of Colleyville Page 4 Printed on 7/27/2011 Planning and Zoning Commission Minutes - Final July 11, 2011 regarding setbacks and lot coverage percentages. Commissioner Byerly stated that the builder is trying to get the benefit of the R10 zoning, which is grandfathered, and then trying to get a PUD, without taking on the burden of having to provide requirements for PUD developments. He stated with no open space and massive lot coverage, the development will look congested. Commissioner Byerly moved to deny case ZC11-008. Commissioner Dudziak seconded. The motion to deny carried by the following vote: Aye: 4- Dudziak, Wheelwright, Phelps, Byerly Nay: 3- Knox, Davis, Rotthaus 7c Approval of a request for a Special Use Permit to allow for horses on Lot 6R1, Block 2, of the Reagan Estates Addition, located at 5514 Lowrie Road, Case ZC11-010 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding if this ordinance is limited to two horses, no other animals. Ron Ruthven replied correct, specifically for horses. Commissioner Byerly opened the public hearing at 7:40 p.m. Charles Lowrance, the applicant and property owner, came forward to present the case and brief the Commissioners. Commissioner Rotthaus questioned Mr. Lowrance regarding if there were horses there previously, roughly a year ago? Mr. Lowrance replied yes, and stated he wants to be in compliance with the zoning regulations. There being no one wishing to speak, the public hearing was closed at 7:41 p.m. Commissioner Dudziak moved to approve case ZC11-010. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7- Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 7d Approval of a request for a Special Use Permit for on-premise alcoholic City of Colleyville Page 5 Printed on 7/27/2011 Planning and Zoning Commission Minutes - Final July 11, 2011 beverages sales on Lot 2A, Block 1, of the Market Addition located at 5003 Colleyville Boulevard, Case ZC11-012 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly questioned staff regarding if they will need additional parking spaces with the new addition. Ron Ruthven replied yes, they will need an additional seven parking spaces. Commissioner Phelps questioned staff regarding if the shared parking agreement is being done in anticipation of the expansion? Ron Ruthven replied it is in addition to the approval of the building permit, which can be done administratively. Commissioner Byerly opened the public hearing at 7:46 p.m. Tom Aikens, the applicant and property owner, came forward to present the case and brief the Commissioners. He stated that they have met with the property owner at 5005 Colleyville Boulevard for the shared parking agreement and will be bringing in the agreement to the City soon. There being no one wishing to speak, the public hearing was closed at 7:47 p.m. Commissioner Davis moved to approve case ZC11-012. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 7- Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly 8. ADJOURNMENT The meeting adjourned at 7:47 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 8, 2011 by 5:00 p.m. Amy Shelley, Community Development Coordinator The meeting minutes were approved on July 25, 2011. City of Colleyville Page 6 Printed on 7/27/2011 RESOLUTION R-11-3388 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF AUGUST 2, 2011 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2011. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor