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HomeMy WebLinkAboutCity Council-Agenda Packets-3/6/2012C �T �f OP �- COLLEYjJILLE rr_�;:�` City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 6, 2012 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of the 2012 Street Rehabilitation Project PC-2 Discussion of the March 6, 2012 City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation and duties of the City Manager 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 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Ricky Texada, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R- 12-3473 City of Colleyville � Page 1 ■ City Council Agenda March 6, 2012 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition C !I 5. � Proclamation in recognition of Women Veterans Month - Lisa Skier, Chief of Staff, Grace After Fire Recognition of employees' years of service CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3474 4a Approval of the minutes of the regular City Council meeting of February 21, 2012 4b Approval of a Professional Services Agreement with Freese and Nichols, Inc. for the design of the Jackson Road and Cheek-Sparger Road Intersection Improvement Project, in an amount not to exceed $125,600, and authorize the city manager to execute the contract 4c Approval of an Interlocal Agreement with the City of Frisc purchasing of equipment and supplies, and authorize the execute the agreement ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance 0-12-1826 o for cooperative city manager to Approval of a request for a Special Use Permit for an auto repair and paint and body shop on Lot 2A, Block 1, of the D and W Addition located at 6800 Colleyville Boulevard, Case ZC12-002 5b Ordinance 0-12-1827 Approval of a request for a Special Use Permit for automotive and motor vehicle sales on Lot 3, Block 1, of the Ponce Addition located at 1803 Tarrant Lane, Suite 150, Case ZC12-003 5c Ordinance 0-12-1828 Approval of a boundary adjustment between the City of Euless and the City of Colleyville CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 7. REPORTS City of Colleyville � Page 2 � City Council Agenda March 6, 2012 Colleyville Center Advisory Committee Minutes - November 14, 2011 Planning and Zoning Commission Minutes - February 13, 2012 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR March 6, 2012 - Reading and Public Hearing - Resolution R-12-3475 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards March 2, 2012, by 5: 00 p, m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 3 � � LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number PC-1 Type Pre Council Department Public Works City of Colleyville City Council Agenda Briefing Agenda Date 03/06/2012 Title Discussion of the 2012 Street Rehabilitation Project City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Explanation On September 2, 2008, City Council approved Resolution R-08-3110, which adopted a 10-year Capital Improvement Program for Streets and Intersections, and also established an annual funding level of $1 million for the street maintenance budget. The adopted plan also included sidewalk, drainage, and utility improvements for several of the streets identified for rehabilitation. On the attached Street Capital Improvement Financial Summary, those projects that have been completed, or are in the design or construction phase, are highlighted in green. Those streets included in the plan have been listed on the City's web site since the plan was adopted in 2008. In December 2011, the City hired a pavement engineering consulting firm to conduct a pavement condition assessment of all public streets in Colleyville. This assessment established a pavement condition rating (PCI) for all public streets and supersedes the previous street condition ratings performed by City staff. The PCI is a numerical rating assigned to a street based on the surface condition of the pavement. A new street with no surface defects is rated 100. An older street that has surface cracks, but is still in reasonably good condition, may have a rating of 80 or 85. A street that has significant failures and is in need of reconstruction will likely have a rating of 40 or less. Staff is currently developing an overall condition index rating (OCI) for the City's streets using the PCI, the type of pavement (asphalt or concrete), the depth and width of the pavement, the condition of the shoulders, and the depth of bar ditches where there are no curbs and gutters. This OCI determination will not be complete before the end of FY 2012. For this reason, the proposed 2012 Street Rehabilitation Project has been developed using the new pavement condition ratings, field inspections, and the adopted Capital Improvement Plan (CIP) for Streets and Intersections. All streets recommended in the proposed 2012 Street Rehabilitation Plan have curbs and gutters and those that are on the adopted CIP for Streets and Intersections are highlighted on the attachment in yellow. Three streets that were initially scheduled for completion during or prior to 2012 are not included in this year's recommended program. They are Ponderosa Lane (2010), Black Drive (2011), and Frontier Court (2012). None of these streets have curbs and gutters and staff is preparing an alternative design standard for streets without curbs City of Colleyville Page 1 City Council Agenda Briefing and gutters that will be presented to the City Council for consideration later this year. Ponderosa Lane also requires major drainage and utility improvements and requires a detailed engineering analysis and design that cannot be completed in time for this year's program. Except for Jackson Road, no arterial streets are recommended this year either, pending completion and presentation of the revised alternative design for streets without curbs and gutters. The focus of the proposed 2012 program is to complete the rehabilitation of streets in three selected subdivisions, which is in alignment with the City Council's strategic goal of Preserving and Protecting Neighborhoods. The three subdivisions are Woodbriar Estates West, Woodland Hills, and The Crossing at Colleyville.In addition to rehabilitating streets in those subdivisions, staff is recommending replacement of selected water lines and water service lines in two of those neighborhoods - the Crossing at Colleyville and Woodland Hills. The line in Woodland Hills that is proposed to be replaced will also be upsized from a six-inch line to a ten-inch line to meet current City standards. Also included in the proposed 2012 Street Rehabilitation Program is Jackson Road from north of Cheek-Sparger Road, to the bridge north of Sherwood Lane. This work is proposed to be done by Tarrant County, with the county providing labor and equipment and the City paying for the materials. This last item will be brought back to City Council at a later date to seek City Council approval of an inter-local agreement with Tarrant County. Streets recommended to be included in the 2012 Street Rehabilitation Program are listed below. Street Pembrooke Parkway West Scarborough Lane Chapelwood Drive Chapelwood Court Cliffwood Drive Brookridge Drive Woodbine Drive Woodcrest Lane Woodcrest Court Shadowood Trail Cottage Oak Lane Shadowood Road Maplewood Trail Indian Trail Court PCI 41 66 20 37 46 46 75 77 76 81 57 48 50 88 Proposed Scope Reclamation and Water Line Replacement Microsurfacing Reclamation Reclamation Reclamation Reclamation Microsurfacing Microsurfacing Microsurfacing Microsurfacing Reclamation and Water Line Replacement Reclamation Reclamation and Water Line Replacement Microsurfacing Reclamation is a new maintenance procedure that was done in Colleyville for the first time in Fiscal Year 2011, and consists of grinding up the existing pavement and mixing it with the subgrade to a depth of 12 inches. The top six inches of the mixture is then removed and a liquid cement slurry is added to the mixture to provide additional strength to the subgrade. Then six inches of new asphalt is put down in three lifts City of Colleyville Page 2 City Council Agenda Briefing of two inches at a time, resulting in a new street. This process costs less than half of the cost of rebuilding the complete street, and should last nearly as long as a new street built to the City's current standards. Microsurfacing is a process of applying a sand and oil mixture to the surface of a street to seal it. Prior to applying the microsurface, all cracks are sealed and any isolated failures are repaired. Microsurfacing is a preventive maintenance measure, and extends the useful pavement life five (5) to seven (7) years. As soon as staff completes calculating the overall condition indices that take into account the other factors mentioned above, a master priority list will be developed for both maintenance projects (rehabilitation) and reconstruction projects. This list will be used to develop a recommended five-year maintenance plan and a five-year capital plan. Funding of $1M is available in the 2012 street operating budget for the 2012 Street Rehabilitation Project. Cost estimates for the water line replacements are not yet available, but will be funded from water impact fees and the utility fund. Attachments 1. Street Capital Improvement Financial Summary 2. Estimated Construction Costs for 2012 Street Rehabilitation Program 3. Crossing at Colleyville Map 4. Woodbriar Estates West 5. Woodland Hills Map 6. 2012 Street Rehabilitation Project presentation City of Colleyville Page 3 STREET CAPITAL IMPROVEMENT FINANCIAL SUMMARY September 2008 FISCAL PROJECT SOURCE TOTAL OF YEAR NAME OR LOCATION FUNDS General Drainage Sidewalk Utility Total FY 2009 Reconstruction Tara Plantation Subdivision 1 $ 680,000 -0- -0- -0- $ 680,000 Intersections Glade Road & Pool Road 10,13,14 $ 860,000 $ 55,000 $ 30,000 $ 110,000 $ 1,055,000 FY2010 Reconstruction Ponderosa Lane 4,5 $ 218,200 $ 143,000 $ 23,000 $ 170,000 $ 554,200 Saddlebrook Subdivison 1 $ 702,000 $ 702,000 Elm Street 2 $ 173,000 $ 10,500 $ 21,000 -0- $ 204,500 Apple Valley Drive 2 $ 88,000 $ 32,000 $ 10,000 -0- $ 130,000 Intersections Pleasant Run & John McCain 10,13,14 $ 675,000 $ 60,000 $ 30,000 $ 135,000 $ 900,000 FY2011 Reconstruction Black Drive 4 $ 215,000 $ 39,500 $ 14,000 $ 216,500 $ 485,000 Brentwood Drive 2 $ 180,000 -0- $ 10,000 -0- $ 190,000 Pembrooke Pkwy. West 2 $ 268,300 -0- $ 21,700 -0- $ 290,000 Intersections Jackson Rd. & Cheek 10,12,13, Sparger 14,15 $ 775,000 $ 160,000 $ 50,000 $ 75,000 $ 1,060,000 Martin Pkwy. & Cheek Sparger 10,13,14 $ 553,000 $ 54,000 -0- $ 30,000 $ 637,000 FY 2012 Reconstruction Frontier Court 4 $96,000 -0- $7,000 $137,000 $240,000 Brentwood Court 2 $ 142,000 -0- $ 4,600 -0- $ 146,600 Intersections Glade Rd. & Riverwalk Dr. 10,13 $ 330,000 $ 45,000 $ 10,000 -0- $ 385,000 McDonwell School & Westcoat 10,13 $ 334,000 $ 35,000 $ 10,000 $ 72,000 $ 451,000 FY2013 Reconstruction Chapelwood Drive West 4 $ 102,000 -0- $ 7,000 $ 121,000 $ 230,000 Chapelwood Court 4 $ 50,000 -0- $ 7,000 $ 53,000 $ 110,000 Central Drive 2 $ 290,000 -0- $ 11,000 -0- $ 301,000 Kenshire Drive 2 $ 70,000 -0- -0- -0- $ 70,000 STREET CAPITAL IMPROVEMENT FINANCIAL SUMMARY, continued September 2008 FISCAL PROJECT SOURCE TOTAL YEAR NAME OR LOCATION FUNDS General Drainage Sidewalk Utility Total FY2014 Reconstruction Woodcrest Lane 4 $ 150,000 -0- $ 14,000 $ 200,000 $ 364,000 Woodcrest Court 4 $ 54,000 -0- $ 8,000 $ 58,000 $ 120,000 Bettinger Drive 2 $ 180,500 -0- $ 13,500 -0- $ 204,000 Waller Lane 2 $ 110,000 -0- -0- -0- $ 120,000 FY2015 Reconstruction Acuff Lane 4 $ 109,600 -0- $ 11,900 $ 182,300 $ 303,800 Shadowood Trail 2 $ 177,000 -0- $ 9,400 -0- $ 196,000 Cliffwood Drive 2 $ 344,000 -0- $ 36,000 -0- $ 390,000 FY2016 Reconstruction Cottage Oak Lane 2 $ 238,000 -0- $ 20,800 -0- $ 267,800 FY2017 Reconstruction Shadowood Road 2 $ 153,600 -0- $ 25,600 -0- $ 289,200 FT2018 Reconstruction Coachman Lane 2 $ 180,000 -0- -0- -0- $ 190,000 Maplewood Trail 2 $ 301,400 -0- $ 30,500 -0- $ 341,900 TOTAL $8,899,600 $634,000 $ 436,000 $ 1,559,800 $ 11,529,400 Source of Funds Category 1- Available General Fund Cash Balance Category 2- Current Year General Fund Operation Budget Category 3- Proposed General Fund Debt Category 4- Available Utility Fund Working Capital Category 5- Current Year Drainage Fund Operating Fund Category 6- Proposed Drainage Fund Debt Category 7- Available Sidewalk Fund Working Capital Category 8- Current Sidewalk Fund Operating Budget Category 9- Proposed Sidewalk Fund Debt Category 10- Available Street Impact Fees Category 11- Proposed Street Impact Fees Category 12- Available Perimeter Street Fees Category 13- Available Utility Impact Fees Category 14- Available County Bonds Category 15- Available State-Federal Grants Estimated Construction Costs for 2012 Street Rehabilitation Program NEIGHBORHOOD WORK TYPE EST ESTIMATED COST QUANTITY (sq yds) Woodbriar Estates West Reclamation 10,000 $ 253,500 Woodbriar Estates West Microsurfacing 8,500 $ 34,000 Woodland Hills Reclamation 6,000 $ 174,195 Woodand Hills Microsurfacing 1,560 $ 6,240 Crossings at Colleyville Reclamation 12,700 $ 322,665 Crossings at Colleyville Microsurfacing 4,200 $ 16,800 All streets to be reconstructed with a cross section of 6" cement stabilized base and 6" of asphalt SUBTOTAL $ Tarrant County Commitment for Jackson Road $ Contingency for quantity adjustments and manhole/valve adjustment $ 807,400 110,000 82,600 TOTAL ESTIMATED COST* $ 1,000,000 *Does not include cost of water line replacements r I.' i y�,- ����� �- � .yn;� ::!"� �.:,�� � C, � { . �1,� y �.'Y:• � �� dY��� _ ��I�� � , � �� _T��� , , D��� ��.,f �9 _ �' ;;�� ��� ���— , � �.s ° ��I .� n ,t 1 �.�� � ; 9�f �i — � ; ;� �� �,� .; ��,. ° � yt p e��'�- '1f �'' l. �,�, �". 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I �'. - � 4yi� . �j �. .. �., . �;- ... � ' ��:N �,-��= .� ��'� _t,. �- � �, �` �30 ��01I340�3� �` . � � ' �°��. fi�� � ��w —�N� _ — ' �"�.� a_ —' :i?,'+ -,�. l � " .. � � � � � � � �-°°� ,��°�0 '�40 ��4¢��'3�Q4��4 �� . �- �':� I D �-L=�T�-� � �;c�;� i . ,..�. f �''� �- �: : ' I' �a ,�� ; : �1���330�� 340'�. 34��� 340� Woodland Hills �i ���.�,.E'Y"V'I : 2012 Street Reha bi I itation Pro'ect ] Pre Council Meeting March 6, 2012 2012 Street Reha bi I itation Pro'ect ] Staff has used the best available data to develop a recommendation for the 2012 Street Rehabilitation Project. The recommendation is based on the following criteria: • 2011 Pavement Condition Indices (PCI) • Adopted 2008 Street Capital I mprove Plan (CI P) • The strategic goal of Preserving and Protecting Neighborhoods • Constructability (streets with curbs and gutters) �. t z� � C��.L�LE ���.�,�+.' 2011 Pavement Condition Ratin s 9 _ a 9 _ . '� �.1 - � ).� L.J _I� _ ��I�_�� v�� � r�1 � � p �U � I � �,,, LL � ,� �--� � — ~ _ �� _ -- � � � , � � � � � n . .. , City of Colleyville 2012 Pavement Condition Index PCI �i 0 to 55 55 to 7b �`` �s to �oo I� � I � �. ' z� � C��.L�LE ���.�,�+.' Ado ted 2008 Street Ca ital p p Im rovement Plan p FISCAL PROJECT YEAf� hIAME OR LCSCATIC]N Flf 2Ci0� �'econstructrar� �ara �P�nt�tion 5ubdivisia�s lnter�ectie�ns Glad� Rva�l & �'�ol Road FY241{7 Rec�nstrucfrarr Pand�:rosa Lane Saddlebrcaok �ubdivison Elroi Str�et Rppl�'Jalley Driv�e lrrterse�fiarrs Pfea�ank Ru�a & Jahn Mc�ain FY�G11 Reconstruc�ran Black Drive Brentwrsad Dnve Pemt�ranke P W�st lrrfers�fions Jacksan �Rd. & Cheek �par er Martin Pkwy. & Chee� Sparger �Y 24'1 � R�canstr��tian Fre�ntie� Court Brentwa�d Cesurt Jnt�rs�tions Gf�de Rd. 8 Riv�rv�alk �r. f�1c[]a�w�ll 5chaol & L�lestCOat FIS�AL PROJ ECT YEAR NAME C�R L4?�CATIf]hl FY21��3 Recanstr�rcfion �hap�lwood �]ri+�e irAJest Cha eluv�od Court Central C�rive #Censhire pnrre 'FY2014 F�ecorrstructran V4'e�odcrest Lane VVc�odcrest �crurt 8�ttin �r driv� V1i'all�er Lan� FY2Q1� �ecorrstruction Acuif La,n� 5ha�loU�n�ad Tr�iil Cliffi,�doad �ri�+�e FY21�16 �ecorrstructron Cntta e C}ak Lane FY2�i17 Recorrstrucfr,on Shad��rroad Road FY201 S �Recorrstrtrc�rar+ Caachman Lane Maplewaod irail ti' `� � CC��LEYVILLE �� Ado ted 2008 Street Ca ital p p Im rovement Plan p FI�CAL PR{}JECT YEAR NAME t7R LC?CA�Tl�ihl FY2[i1� Reeorrstr�cti�an Chap�lwac�d �riv� V6+�st Cha �elwar� Cour# Ces�tral Qriue }(enshire Qrive FY2014 Ree�nstru�ction 1Na�dcrest Lane Vlfo�cicrest Cv�r# �ettin Er �rive WalleY �ane FY2[�1'5 F�ecvrrstruetion r��uff Lane Sh�dr�wFQOd Trai! Clif�,vood V7�lve FY2[l16 Reeorrstruc�ior� Cotta e C?ak L�n� FY��]`1T Reccarrstrr�c�ian : hada�o4d Ro�d FY2b9B F�ecorrsPruCt�Ort Caacf�rnan Lane Nlaple�+�e�d Trail Green = Completed or in the Design Phase t; ti t� �F- CC)�LEYVILLE �� Pavi n Tech n i ues J q Two different maintenance are being proposed for the Reha bi I itation Project. with a PCI of less techniques 2012 Street For those streets than 60, staff is recommending full depth reclamation. �. t z� � C��.L�LE ���.�,�+.' Fu I I De th Recla mation p ���-�� �v� . o ��r. � �t. .� � �, y _ ��'4.7� f 'Rti o', 'u ,�,� �� I'.. ° i L� °�.� ��� � �. ' 3� J ..y �^ �Ii' P�... s � � � � ,�� _ �� a 4 �'�y � � � � -I Y+� -� _ p• __. . .� .� � � -� '�� � 3 _ �� . �-.. �. _ — � ��-� � �" — _ � � � �� . '�,,;���� � ` 1 � * . ,`` Q _�q � -�.•.-'tl#� �' �r��, " ,�.� I', � - �. , . . ��. � � ��. ` � i, � t: ti �� �i C��.L�LE ���.�,�+.' Pavi n Tech n i ues J q Microsurfacing is a technique used to rej uvenate pavement that is structu ra I ly solid, but that is weathered and has su rface cracks. The su rface cracks a re sealed before the microsurface is placed on the existing pavement. This technique extends the usefu I I ife five to seven yea rs and is used where the pavement condition i ndex is i n the ra nge of 75 to 85. �. t z� � C��.L�LE ���.�,�+.' M icrosu rfa�i n � f �•�r L� ! �L � ` __6�� � 1 T..� 8 �e..�•� � � � _ .I.�y .• G` .� � �,�� _�—'� . . _ � .�. � .. �� � F V, r _ ' '��-• � �..m �,, � � � �g _ 0 m � �: �������k� r` s� ������'�� ��, F��� ����r ��!���`t�r �.�1� M��iE i9f�t�r p.�dlN�i�� � f -�� . _ �_rii�€�r � I�AF.s�e�r C�l� :.� � °� - � d , + ' � . ` a� � + i� � '�, � ' . . ' � � a � ++ x � � �-r� � �r � e • .' _ �j�;�� � ° �t �+" � �IyMI'1"}� �IJi •�'��i � k;'?4 . .. ��� ��4Yr ��' '���ii `i �7' w ��� �� '-_. � 4'��i C��.L�LE ���.�,�+.' Recom mended Nei h borhoods g The focus of the proposed 2012 prog ram is to complete the rehabilitation of streets in three selected su bd ivisions, wh ich is i n al ig n ment with the City Council's strategic goal of Preserving and Protecting Neighborhoods. The three subdivisions suggested for the 2012 project include: • Woodbriar Estates West • Woodland Hills • Crossing at Colleyville �. t z� � C��.L�LE ���.�,�+.' Recom mended 2012 Street Reha bi I itation Pro ra m g FIaCAL PR4JE�T Y�AR hIAME �R LCiCATIC�N FY'2U�3 fi�ecarrsfr�rctr�sn Chapelwood ❑riue West �hapelwoc�d Ca�rt Centr I ❑ri�re Kenshire Orive FY2�1� i2ec�nsfru�[do,n �1a4derest Lane 'JV��dcrest Cvurt ge�ttin �r Driv� 'Waller Larae FY2Q15 Recvnstruction .4cuff Lan� Shadowadr! Tr�i� Cliff�,vvocad Drave FY2�}iB fieeonsfruc�r�an Cotta e Q�ak Lane FY2017 Recanstruc[rr�n Shado�od Rvad FY2G78 �4econstr+�ctifl» Caachrnan Lane h+lapl�+,voad Trail Yellow = Proposed 2012 Streets ����A'`� � CC��L�LE ���.�,�+.' Recom mended Nei h borhoods g Wood bria r Estates West , ;,, � . fz . . � �` �� � ,� �r �� � ' \ � . , L,�, � �a ' ,. ,.,. �.:: '� �,. _ �. � '°� , a�TI',,' '� � '_ : ,i�° ,' ' �' � . � .�' . �J �w� �� � � � ��w �'�a:� ��' � - �'� �,�� . ; �- . , -��.� �:�,� � �:' ����`� � �:�� o �:- ;, . � �o.. _ � f �,��� _ �� ,. � �:, � � a �r -_:�� . ` A � d� �. s. � �;: "�-� g���� . . + i , � . . _ ��".,1�.. � °- �fnA-� T k_ . �r , . r. ;�:.`e\ • q.,t? `;i. _ ��!b� �. .. �" ��� , �� . � . .� GR�ENPR�A9��I�N =� � �. � °� � � ZS �]r �_ �1l�0 `.� s� � s ��_p�+7<^ �.� �r�y�i�� t I �1—' q 1� '� � , � \ 4 ..�:,� � `� �i��� _ —,� - �`; t! � :.:'1. -- -- �,�n ��;;ro-:. � _� r ■� �, ��,s �__ , ; �-. �,�. ��4 � Full Depth Reclam�tion 10,000 SY � Micro-Resurfacing 8,50fl 5Y �. t z� � C��.L�LE ���.�,�+.' Recom mended Nei h borhoods g Woodland Hills ��-- �s� �5 �,y��4z��,_ . � � �1 r�r��° �' � � _ ,�� ,t�. � a��� F ��:� "�°�� _ �; � � ` � a\/-�=)" ��� 7�� t�_ 'L�I`' : . _ 4^� '°p.� -� 3105 ?- ��4�� � U : F�tia' +�.J'�V �� �� � � 4K� ,'� �a'S�' � � v�"- ��� �A1li,.: `�' ���� ' ����� ��-�„�� � � ;F �--- , � �,: �� � � � � � �?�. : � � t�" � �"p , ' � ,. '� � � 4991 ��s �'4,1 ,� ���io.� �J ,��09 y� ; � ��i�.. �, �' ,, - �� �',. 1 - �-�.;. -�oo��. � � f � ��p ,� �':. �'t—S ,.�132 �QO�e: 3 � � �{� '.J � � ' 3� � � � `�13$^'� 1' }��tl�% � � r ����� -� � � � �1 � x i�� �,, - , � . ri , i �=+� .�� _ � � Full aepth Reclamation 6,9Od SY �' IV�icro-Resurfacing 1,560 SY Waterline Replacement #E -%%N �'* .- + � �. � � _ N r:�F- . �.3 5 '� �a°a �4100 �f';� �' � -+ � � � �������'� � ,-�� ��t � � . ;y � ' � �.- 4 � �~!_�l��M�� . , . y ��3�30ah ' �'f �n' 3i{�2 ��. , 344Q°' �E��3�� �S� _.� ,�a "��,05 �`��� r_y J _ � _ ,:..«�il �3Q2� 330��a��t821: �,�EN,w s�o�, s�o� sao � ��ao:� � _, �, :� ��3!i' 3"�[>�t �,:��t0� 3dp� � , -_ ,� , ��;. ' 3�T3�i3C? �34fl �.,�'���¢�- `�o�� �'s���.�,�:�`� , �DL�T� .��� _. ,,,�..� � ,���,�3�0 � ��1� ��'p� �. t z� � C��.L�LE ���.�,�+.' Recom mended Nei h borhoods g Crossing at Colleyville .� - r, . ..- - -:� �' - . �. - �,�_ ---: .� �:�� �; �� �. �-� . .J�,.. ���� `� 5 � ' M. ,:���jjj... e . �K } .a� �k � \ i� s s ��� �� 0 �, �ti I' � :� �n .1"s :l .A �1 V I 1,� ��, ,: '; �� �' ,��,! ;.. ����j� `� - r;[;-< `�'��`: , ; a� �� �^: � --�. .��` �� � �. 1 �,[` ° � �',.'' �-.. �..� � ? l�' . � � ,; �. -.�- ��` =�,-;" �. p -, ��'��3- �i� r �. � � �,�.� � � Full Depth Re�l�mation 12,700 SY � Micro-Resurfacing 4,200 SY Wat�rline Replacemerrt �. t z� � C��.L�LE ���.�,�+.' Next Ste s p • City Council direction • Finalization of construction documents • Execute an Interlocal Agreement with the City of Arlington • Project construction �. t z� � C��.L�LE ���.�,�+.' uestions? �. t z� � C��.L�LE ���.�,�+.' LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number PC-z Type Pre Council Department Citv Secreta City of Colleyville City Council Agenda Briefing Agenda Date 03/06/2012 Title Discussion of the March 6, 2012 City Council regular agenda items City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com City of Colleyville Page 1 LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number 1 Type Executive Session Department Citv Secreta City of Colleyville City Council Agenda Briefing Agenda Date 03/06/2012 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation and duties of the City Manager 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 RESOLUTION R-12-3473 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MARCH 6, 2012 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 ABSTENTIONS ON THIS THE ATTEST: Cynthia Singleton, TRMC, CMC City Secretary _ AYES, NAYS AND DAY OF CITY OF COLLEYVILLE David Kelly Mayor 2012. L t i �� O�.. � COLLEYVTLLE rrx,a` City of Colleyville City Council Agenda Agenda Number 3 Agenda Date 03/06/2012 Type Announcements, Proclamations and Presentations Department City Secretary Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Proclamation in recognition of Women Veterans Month - Lisa Skier, Chief of Staff, Grace After Fire Recognition of employees' years of service Attachments 1. Proclamation in recognition of Women Veterans Month 2. Employee Years of Service - Second Quarter Fiscal Year 2012 City of Colleyville 1 Page 1 l 1 CiTY OF Colleyville, - Texas WHEREAS: the 82"d Legislature of the State of Texas designaied the month of March, Women Veterans Month, in iribufe ta the immeasurabfe confributions women in ti�e military ha�e made to this nation; and WHEREAS, long before women gained regular admission fo the military, they worked as nurses, water bearers, laundresses, and coo[cs, sametimes servecf as spies, and saboteurs, and on occasion iovk up arms; and WHEFt�AS, in 1901 the U.S. Army cfeated a nurse corps, the lJ.S. I�avy and Marine Corps enlisfed women as yeomen and reservisis to free th�ir male counter parts for combat; and WHER�AS, the Army eskablished tl�e Wo[r�en's Army Auxiliary Corp, later known as ihe Women's Army and WASP, while the Navy organized the Waves, the Marine Co�p established the Marine Corps Women's Reserve, and the Coasi Guard created a reserve unit known as the SPARs. In 99�8 an Act of Congress granted #hem permanent status in the regular and reserve farces; and WHEF2�AS, Grace After Fire, a 509(c)(3) Texas-based non-profit organizaiion strives to give women Veterans the support ihey need to restore and sustain a high quality of life � whi[e fransitioning from service within those regular and raserve forces to civilian [ife, NOW, THEREFORE, I, DAVID KE1.i.Y, MAYOR OF 7HE CiTY QF COLLEYVIL�E, iEXAS, on behalf af the Colleyviile City CounciE and the citizens of Golleyville, do hereby procEaim March 2092 as , WQMEN V�TERANS MOHTH and urge our citizens to express gratitude and �nfailing support ta the worr�en who ha�e served our iVation with fenacity, caurage, and professionalisrr�. IN WI7NESS Wi;�RE�F, E do herel�y set my hand and seal of the City of ColleyviAe, Texas, affixed this 6'" day of March 2012. � Mayor �s, or � ,> CP, �x�s City of Colleyville Employee Recognition Fiscal Year 2012 - Second Quarter Years of Service -�anuary to March 1 YEAR TRACY GLIDEWELL Library TIM HIGHTSHOE Colleyville Center 5 YEARS ANGELA BAILEY Library JOE COLES Public Works SCOTTY GRAVES Police ]EREMY HUTT Public Works TANNER MAHAN Police STEVE THOMPSON Information Systems Management ELISE WELBORN Human Resources 20 YEARS DEBBY SCOTT Finance Pagelofl RESOLUTION R-12-3474 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MARCH 6, 2012 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 February 21, 2012 b. Approval of a Professional Services Agreement with Freese and Nichols, Inc. for the design of the Jackson Road and Cheek-Sparger Road Intersection Improvement Project, in an amount not to exceed $125,600, and authorize the city manager to execute the contract c. Approval of an Interlocal Agreement with the City of Frisco for cooperative purchasing of equipment and supplies, and authorize the city manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE ATTEST: Cynthia Singleton, TRMC, CMC City Secretary _ AYES, NAYS AND DAY OF CITY OF COLLEYVILLE David Kelly Mayor 2012. � , �1� 5� �� �, �� C4LLE�YVILLE �'ex;,` City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, February 21, 2012 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on February 21, 2012, at 5:34 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Police Lieutenant Rodney Cunningham, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, Finance Manager Karen Hines, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Community Center Manager Lin Przybyl, Library Director Mary Rodne, Parks and Recreation Director Monica Walsh, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Cynthia Singleton were also present. Mayor Kelly congratulated Councilmember Stan Hall on the birth of his grandson. PC-1 Presentation and discussion of City of Colleyville Special Events Library Director Mary Rodne presented an overview of the City of Colleyville Special Events' structure, schedule, budget, and committee. Discussion ensued regarding the layout of the Holley Colley event, size of the Special Events Steering Committee, entertainment options, volunteer participation, and budget and the date and time of events. Director Rodne stated the Colleyville Old Tyme Bar-B-Q event is scheduled for April 27-28, 2012 and Red, White and Sousa will be held June 29, 2012. The Holly Colley Holiday event is scheduled for November 30, 2012, in conjunction with the Colleyville Lions Club Breakfast with Santa and the Colleyville Woman's Club Holiday Home Tour. Discussion continued regarding increasing local business participation in the events and the addition of a��Taste of Colleyville" event. City Manager Jennifer Fadden clarified the ��Taste of Colleyville" event would be incorporated into the Red, White and Sousa event. City of Colleyville Page 1 L J City Council Minutes - Draft February 21, 2012 PC-2 Presentation of the Quarterly Performance Management Report Strategic Services Manager Eric Ellwanger provided an overview of the performance measure process and purpose, reviewed various departmental performance measures and targets, and answered questions of the City Council. Fire Chief Russell Shelley provided information regarding ambulance billing revenue and Medicare versus private insurance payments. Economic Development Director Marty Wieder provided information regarding the economic impact and benefits of the City's web site Close.buy feature for local businesses. Discussion ensued regarding the potential for an interactive feature on the web site and coupon marketing opportunities. Discussion continued regarding the success of the recycling program and Mr. Ellwanger stated IESI has changed the name to Progressive Waste Solutions. There was general discussion regarding the goal of ineaningful and decision-oriented performance measures and City Manager Jennifer Fadden stated technology upgrades will assist staff in measuring performance with the goal being quality not quantity of measures. The citizen survey will expose any gaps between citizen expectations and how services are being provided. PC-3 Presentation and discussion of the consolidation of the cities of Colleyville and Keller Municipal Court Operations Assistant City Manager and Chief Financial Officer Terry Leake introduced Steve Polasek, Assistant City Manager in Keller, Texas. Ms. Leake stated the consolidation of municipal court operations with the City of Keller is being explored as a result of the challenging economic environment and the expectation of governments to share resources, eliminate redundancies, and reduce capital costs. In late 2011, City of Keller staff contacted City of Colleyville staff regarding the feasibility of combining municipal court operations. The cities of Colleyville, Keller, and Southlake have been successfully operating a combined dispatch and jail facility, which is the model for regionalizing other public services. Ms. Leake further stated Keller and Colleyville have similar municipal court operation policies, use the same external audit firm, City Prosecutor, and software and warrant collection services, and have similar Charter requirements for municipal court and judicial services. The resulting benefit to taxpayers is the reallocation of resources to other priorities. City of Colleyville Page 2 � City Council Minutes - Draft February 21, 2012 Ms. Leake further reported the City of Keller initiated legislation to allow cities with a contiguous border or a municipality with boundaries that are within one-half mile of the municipality seeking to enter into the agreement, to establish concurrent jurisdiction of the municipal courts in the municipalities, and provide original jurisdiction to a municipal court in which a case is brought, as if the municipal court were located in the municipality in which the case arose. Ms. Leake introduced Judge Newman, Keller Municipal Court, Judge Ames, Colleyville Municipal Court, and Karen Randolph, Colleyville Court Administrator and reviewed the structure of the court dockets and staffing levels. Discussion ensued regarding potential night court, video conferencing for court proceedings, staffing levels, and hiring process. Mr. Polasek spoke regarding the potential challenges of having two municipal judges, stated the Keller City Council is interested in the consolidation of the municipal court operations, expressed appreciation for the opportunity and provided information regarding the expansion of the Keller jail facility and animal shelter. Judge Ames spoke regarding the structure of the municipal court. Assistant City Manager Leake outlined the Interlocal Agreement, reported the City Attorney has reviewed the document, and stated an item would be placed on a City Council agenda for consideration of the consolidation of municipal court operations, if the City Council wishes to proceed. Ms. Leake also stated if the resolution is approved, two members from each City Council would interview judge candidates and the proposed date of implementation would be October 1, 2012. PC-4 Presentation of the Monthly Financial Report - January 2012 There was no presentation of this item. PC-5 Discussion of the February 21, 2012, City Council regular agenda items Community Development Director Ron Ruthven stated, regarding Agenda item 5c, Approval of a request to amend the Special Use Permit to allow for outside vehicle sales, located at 1815 John McCain Road, the sign ordinance prohibits the use of balloons, pennants, writing on windshields and inflatables. City Attorney Matthew Boyle stated a time limit can be applied to a Special Use Permit. City of Colleyville Page 3 � City Council Minutes - Draft February 21, 2012 Community Development Director Ron Ruthven stated a super majority vote for approval is no longer required due to the withdrawal of opposition to Agenda item 5a, Approval of a request to rezone 4.8 acres, located at 5604 and 5700 Pool Road. Mayor Kelly adjourned the Pre Council meeting at 7:23 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:23 p.m. Mayor Kelly wished everyone a happy Mardi Gras. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Police Lieutenant Rodney Cunningham, Communications and Marketing Director Mona Gandy, Finance Manager Karen Hines, Public Works Director Bob Lowry, Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Parks and Recreation Director Monica Walsh, Code Enforcement Officer Ky Roby, City Attorney Matthew Boyle, and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda 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 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 there would be no decisions made or action taken during this time. The meeting was recessed at 7:24 p.m. and reconvened at 7:46 p.m. RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City of Colleyville Page 4 � City Council Minutes - Draft February 21, 2012 INVOCATION: Councilmember Stan Hall 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-12-3467 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Jody Short invited everyone to the Rotary Club, Dancing for the Stars event, Saturday, February 25, 2012, at the Colleyville Center and stated he and Economic Development Director Marty Wieder will be participating in the dancing competition. Councilmember Taylor expressed appreciation to the citizens for allowing him and Councilmember Wollin to attend the Elected Officials Conference in San Antonio for continuing educational opportunities. Mayor Kelly recognized Judy Atwood for service on the Colleyville Trails and Sidewalks Committee. Mayor Kelly recognized the dental practice of Dr. Louis Miller and Dr. Kipton Anderson as the Business of the Month. Dr. Miller stated the practice was established in 1974 and expressed appreciation for his patients, community support and recognition, and encouraged citizens to become involved in local civic organizations. Dr. Miller further stated he is a contestant in the Rotary Club's Dancing for the Stars event and invited the public to attend on Saturday evening. Dr. Anderson spoke regarding the services provided in the dental practice. Councilmember Taylor stated Dr. Miller was recently named Citizen of the Year by the Colleyville Area Chamber of Commerce and it is a well-deserved honor. City of Colleyville Page 5 t City Council Minutes - Draft February 21, 2012 Mayor Kelly encouraged the public to attend the Colleyville Rotary Club Dancing for the Stars event on Saturday, February 25, 2012. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3468 4a Approval of the minutes of the regular City Council meeting of February 7, 2012 Mayor Kelly read Resolution R-12-3468 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-12-3468. Councilmember Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short and Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-12-1822 Approval of a request to rezone 4.8 acres from RE-Single Family 'Estate' Residential to PUD-C-Planned Unit Development Commercial on Lots 1A and 2, Block 1, of the Wildwood Estates Addition, located at 5604 and 5700 Pool Road, Case ZC11-027 Mayor Kelly read the caption of Ordinance 0-12-1822. Community Development Director Ron Ruthven stated the property owner at 5500 and 5600 Pool Road who initially registered opposition to the case has retracted the opposition; therefore, a super majority vote by City Council is not required to approve the item. Mayor Kelly opened the public hearing. Mr. Dan Tanksley, 1384 Lakeview Drive, Southlake Texas, on behalf of Compass Christian Church, provided renderings of the proposed development, and spoke regarding fencing, landscaping, lighting, and community use of the facility. City of Colleyville Page 6 t City Council Minutes - Draft February 21, 2012 Mr. Brandon Neisius, 2503 Kings Court, spoke in favor of proposed Ordinance 0-12- 1822. Ms. Agnes Yin, 2501 Kings Court, expressed appreciation to the City Council for service to the community and spoke in support of Ordinance 0-12-1822, and regarding concerns of future use of the property. Mr. Sean Lucart, 2504 Kings Court, wished to record support of the proposed ordinance, but did not wish to speak. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Community Development Director Ron Ruthven stated the PUD proposed ordinance confines the use in conjunction with Compass Christian Church; therefore, it will always be tethered to the church use, specifically the athletic fields, basketball court, and pavilion. There was general discussion regarding the zoning process. Councilmember Hall moved to approve Ordinance 0-12-1822. Mayor Pro Tem Hart seconded the motion. Discussion ensued regarding the appropriate use of the property and the future development of surrounding properties. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Stan Hall, Jody Short and Mike Taylor Nay: Councilmember Michael Muhm 5b Ordinance 0-12-1823 Approval of amendments to the Future Land Use map of the Colleyville Master Plan for Lots 1A and 2, Block 1, of the Wildwood Estates Addition, from a Single Family Land Use Designation to an Institutional Land Use Designation Mayor Kelly read the caption of Ordinance 0-12-1823. Community Development Director Ron Ruthven stated the Local Government Code requires that property be zoned in accordance with a comprehensive plan. The action taken on the previous Agenda item 5a, to rezone the property to PUD-C-Planned Unit Development Commercial does not comply with the future land use plan; therefore, City of Colleyville Page 7 t City Council Minutes - Draft February 21, 2012 in accordance with Section 211.004 of the Texas Local Government Code, the future land use map must be amended to reflect the institutional use of the land. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-12-1823. Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Stan Hall, Jody Short and Mike Taylor Nay: Councilmember Michael Muhm 5c Ordinance 0-12-1824 Approval of a request to amend the Special Use Permit to allow for outside vehicle sales on Lot 1R, Block 1, of the Nystel Addition, located at 1815 John McCain Road, Case ZC11-028 Mayor Kelly read the caption of Ordinance 0-12-1824. Mayor Kelly opened the public hearing. Mr. Andy Gardner, 4203 Mockingbird Lane, applicant, spoke regarding community and internet support of A& L Imports, vehicle sales process, customer feedback, traffic on John McCain Road, the display of vehicles, hours of operation and residential property values. Mr. Michael Glenn, 2901 Highgrove Court, spoke in support of the proposed ordinance, A& L Imports, and local small businesses. Ms. Mary Huffman, 7309 Trianon Court, spoke regarding code violations on the property at 1816 John McCain Road and concerns related to signage, vehicle displays and deliveries and image of the City. Ms. Rita White Feragne, 1701 John McCain Road, spoke in support of the proposed ordinance and local businesses. Mr. David Seaton, 3308 Robinhood Court, Bedford, Texas, wished to record support of the proposed ordinance, but did not wish to speak. City of Colleyville Page 8 � City Council Minutes - Draft February 21, 2012 Ms. LeAnne Gardener, 4203 Mockingbird Lane, wished to record support of the proposed ordinance, but did not wish to speak. Mr. Lindon Frazer, 3220 Creek Road, Keller, Texas, wished to record support of the proposed ordinance, but did not wish to speak. Mr. Winston Eckhardt, 3316 Austin Court, Hurst, Texas, wished to record support of the proposed ordinance, but did not wish to speak. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued of the current and proposed ordinance provisions. Community Development Director Ron Ruthven stated, absent what is currently on the property, no additional signage is allowed, including temporary signage and 30 parking spaces are required. Discussion continued regarding the business operation and delivery hours and the quality of the businesses in the area of the zoning request. Councilmember Hall moved to approve Ordinance 0-12-1824. Councilmember Short seconded the motion. Councilmember Wollin made a friendly amendment to Section 3, 1. General, c., that there shall be no overnight outside parking of inventory. Councilmembers Hall and Short accepted the friendly amendment. Community Development Director Ron Ruthven clarified 40 parking spaces are required on the property. Discussion ensued regarding the future development of the area. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short and Mike Taylor 5d Ordinance 0-12-1825 Approval of a request for a Special Use Permit for on-premise consumption of alcoholic beverages on Lot 1A, Block 1, of the Applebees Addition, located at 5150 Colleyville Boulevard, Case ZC12-004 City of Colleyville Page 9 t City Council Minutes - Draft February 21, 2012 Mayor Kelly read the caption of Ordinance 0-12-1825. Mayor Kelly opened the public hearing. Mr. Barry Tate, 2909 Thomas Avenue, Dallas, Texas, applicant, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Ordinance 0-12-1825. Mayor Pro Tem Hart seconded the motion. Discussion ensued regarding the restaurant opening date and the building design score. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short and Mike Taylor 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-12-3469 Approval to suspend the March 6, 2012 effective date of the proposal by Atmos Energy Mid-Tex Division (Atmos) to implement new rates Mayor Kelly read Resolution R-12-3469 in its entirety. Strategic Services Manager Eric Ellwanger provided an overview of the filing by Atmos Energy of a Statement of Intent to increase rates within the City and stated the law permits the City to suspend the rate change for 90 days after the date the rate change would otherwise be effective. If the City fails to take some action regarding the filing before the effective date, the Atmos rate request is deemed administratively approved. 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 rate review process and the frequency of rate increases. City of Colleyville Page 10 � City Council Minutes - Draft February 21, 2012 Mr. Lance Andrews, 4001 Bowden Hill Lane East, Atmos Energy Corporation representative, spoke regarding fixed and variable rates. Strategic Services Manager Eric Ellwanger, stated the Texas Legislature passed legislation referred to as the Gas Reliability Infrastructure Program (GRIP), which authorized annual piecemeal rate reviews that Texas courts have concluded significantly restrict city jurisdiction, participation, and input. Mayor Pro Tem Hart moved to approve Resolution R-12-3469. Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short and Mike Taylor 6b Resolution R-12-3470 Consideration of appointments to the Colleyville Tree Board Mayor Kelly read Resolution R-12-3470 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-12-3470. Councilmember Short seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short and Mike Taylor 6c Resolution R-12-3471 Consideration of appointment to the Park Land Dedication Committee Mayor Kelly read Resolution R-12-3471 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 11 t City Council Minutes - Draft February 21, 2012 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Hall moved to approve Resolution R-12-3471. Councilmember Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short and Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Edward Mitchell, 600 John McCain Road, expressed appreciation for citizen support regarding a right-of-way acquisition matter. 8. REPORTS Sign Board of Appeals Minutes - December 14, 2011 Planning and Zoning Commission Minutes - January 23, 2012 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR February 21, 2012 - Reading and Public Hearing - Resolution R-12-3472 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Councilmember Short moved to adjourn, and Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: City of Colleyville Page 12 � City Council Minutes - Draft February 21, 2012 Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short and Mike Taylor Mayor Kelly adjourned the City Council meeting at 9:46 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary _ AYES, DAY O F NAYS, AND 2012. City of Colleyville Page 13 � LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 03/06/2012 Number Resolution R-1Z-3474 Type Resolution Department Public Works Title Approval of a Professional Services Agreement with Freese and Nichols, Inc. for the design of the Jackson Road and Cheek-Sparger Road Intersection Improvement Project, in an amount not to exceed $125,600, and authorize the city manager to execute the contract Explanation Reading and Pub/ic Hearing On December 11, 2009, the City of Colleyville entered into an engineering services contract with Burgess and Niple to perform a preliminary engineering study to determine the appropriate type of roadway improvements needed to improve traffic flow at the intersection of Jackson Road and Cheek-Sparger Road. This study was completed and presented at the August 2, 2011 Pre Council meeting. The results of the study revealed that two options were viable for this intersection improvement project; a signalized intersection or a single lane roundabout, with one or more free right turn lanes. The consultant recommended a single lane roundabout with a dedicated northbound right turn lane. This option provides better long-term vehicle movement efficiency and the ability to expand the roundabout if future traffic demands require it. A public informational meeting was held on September 15, 2011, to receive comments and concerns from citizens. The comments made at the meeting indicated strong support for the design and construction of a single lane roundabout. Staff presented the findings of the public meeting at the October 18, 2011 Pre Council meeting. Staff subsequently solicited qualification statements from six local engineering firms for the project's design, and received four responses. The four respondents included Burgess and Niple, TranSystems, Halff Associates, and Freese and Nichols. In order to determine which engineering firm was best suited for this project, staff interviewed each firm to evaluate their project teams. The engineering firms were evaluated on several criteria, including but not limited to: • Project team personnel • Similar project experience • Understanding the expectations of the Colleyville community It was determined Freese and Nichols was the most suitable design firm for this project based on the evaluation criteria. Staff has worked with Freese and Nichols to develop a City of Colleyville Page 1 City Council Agenda Briefing 4b scope of services for the design of the proposed improvements. The attached Professional Services Agreement provides for the following services: • Review of the existing intersection study • Preliminary design • Survey services • Geotechnical investigation • Basic drainage analysis • Schematic design • Public information meeting • Final design • Subsurface utility investigation and coordination • Construction documents • Construction assistance It is anticipated the design of this project will take approximately eight months and the construction could be initiated in Spring 2013. The consultant fee is slightly higher than similar projects in the past due to the complexity of the project. The base contract of $125,600 includes $8,100 for mandatory North Central Texas Council of Governments (NCTCOG) environmental documentation and coordination, as well as $3,000 for an informal drainage study. In order to use the available Regional Toll Revenue (RTR) funds for this intersection improvement project, the environmental documentation is a requirement. The informal drainage study is needed to evaluate the current drainage system and determine if further analysis or modifications to the existing system will be necessary because of the impact of this project. Freese and Nichols has successfully completed design and construction administration for several similar projects in the Dallas/Fort Worth area and has a high level of expertise in the design of roundabouts. Financial Impact Funding in the amount of $1,060,000 is available for the project through the following funding sources: • Tarrant County Bond Funds, not to exceed $535,415 • RTR (CDA) NCTCOG Funds $349,320 • Street and Utility Impact Fees - Service Area 1$355,340 Note: The Tarrant County Bond Funds are limited to a one to one match with local dollars. Recommendation Approve City of Colleyville Page 2 City Council Agenda Briefing 4b Attachments 1. Jackson - Cheek-Sparger Professional Services Agreement City of Colleyville Page 3 4055 International Plaza, Suite �00 • Fort Wortfi, Texas 76109 • 817-735-7300 • fax 817-735-7491 • www.freese.com February 21, 2012 Mr. Jeremy Hutt, P.E., CFM City of Colleyville 100 Main St. Colleyville, TX 76034 RE: Jackson Road and Cheek-Sparger Road Intersection Improvement Project Dear Mr. Hutt: ii-��_� _'��ui���_ We are pleased to present to you this revised fee proposal for professional engineering services for the design of intersection improvements at the intersection of Jackson Road and Cheek-Sparger Road. Attached is a draft of the contract, along with pertinent attachments. We have incorporated your comments based on our recent discussions. Please keep in mind that the fee shown in the Base Contract is somewhat higher than expected for similar projects due to environmental and drainage considerations. This proposal includes $8,100 for NCTCOG environmental documentaxion and coardination, as well as $3,000 for an informal drainage study to help the City determine if additional analysis is necessary. Please let me know if you have any questions. Thank you again for the chance to work with you on this e�citin� projeet. Sincerely, Freese and Nichols, Inc. � ✓' t� Spencer Maxwell, P.E. Attachments Rev. 06/10 AGREEMENT FOR PROFESSIONAL SERVICES STATE OF TEXAS CK�li)��Z�7��1 ��7�1��� This AGREEMENT is entered into by the City of Colleyville, Texas, hereinafter called "OWNER" and Freese and Nichols, Inc., hereinafter called "FTTI." In consideration of the AGREEMENTS herein, the parties agree as follows: EMPLOI'MENT OF FNL• In accordance with the terms of this AGREEMENT: OWNER agrees to employ Fl�]I; F'NI agrees to perform professional services in connection with the Project; OWNER agrees to pay to F'NI compensation. The Project is described as follows: Jackson Road at Cheek-Sparger Road Intersection Improvements. Ii. SCOPE OF SERVICES: F1�II shall render professional services in connection with Project as set forth in Attachxnent SC - Scope of Services and Responsibilities of OWNER which is attached to and made a part of this AGREEMENT. I�T. COMPENSATION: OWNER agrees to pay F1�I for all professional services rendered under this AGREEMENT in accordance withAttachment CO - Compensation which is attached hereto and made a part of this AGREEMENT. FNI shall perform professional services for the Base Contract as outlined in the "Scope of Services" for a lump sum fee of $125,600. Details concerning the fee are included in Attachment C(j. If FNI's services are delayed or suspended by OWNER, or if FNI's services are extended for more than 60 days through no fault of FNI, FNI shall be entitled to equitable adjustment of rates and amounts of compensation to reflect reasonable costs incurred by FNI in connection with such delay or suspension and reactivation and the fact that the time for performance under this AGREEMENT has been revised. �? TERMS AND CONDITIONS OF AGREEMENT: T'he Terms and Conditions ofAgreement as set forth as Attachment TC shall govem the relationship between the OWNER and FNI. Nothing under this AGREEMENT shall be construed to give any rights or benefits in this AGREEMENT to anyone other than OWNER and Fl�]I, and all duties and responsibilities undertaken pursuant to this AGREEMENT will be for the sole and exclusive beneiit of OWNER and FIJI and not for the benefit of any other party. This AGREEMENT constitutes the entire AGREEMENT between OWNER and FrII and supersedes all prior written or oral understandings. This contract is executed in iwo counterparts. IN TESTIMONY HEREOF, they have executed this AGREEMENT, the day of , 2012. ATTEST: City of Colleyville, Texas (OWNER) ATTEST: L:1Resourceslcbsl : Print or Type Name and Title Freese and Nichols, Inc. (FN1) : ._, ;, By: �_�� ' �LTy., �1�e..lY§1�.-- ! r�° , �.r. ya:? q P Print Type Name and Title ATTAC�IMENT SC SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER ARTICLE I F1�II shall render the following professional services in connection with the development of the Project: A.. BASE CONTRACT Attend a kickoff meeting with the OWNER to review the scope of services, communication procedures, and to gather input regarding the project, its goals and purposes. 2. Preliminary Design a. Provide a topographic and boundary survey for the limits of improvements (to be performed by Gorrondona and Associates). b. Conduct a geotechnical investigation consisting _of three soil borings. Prepare a pavement design report for the project which includes one rigid and one flexible pavement section option. c. Prepare a schematic layout of the proposed intersection improvements. d. Perform an informal analysis of the existing drainage structures on Cheek-Sparger Road. Prepare a memo advising the OWNER if further study of the creek crossing is required or recommended. e. Attend one meeting with OWNER to review the schematic design and discuss comments. £ Submit a copy of the approved schematic to affected franchise utility companies and coordinate relocations. 3. Final Design a. Prepare a 60% design submittal, consisting of the following sheets: i. Title Sheet ii. General Notes iii. Project Layout and Survey Cantrol iv. Existing Utilities v. Preliminary Traffic Control and Construction Phasing vi. Pa�ing Plan/Profile vii. Drainage Area Map and Calculations viii. Preliminary Storm Drain Layout ix. Preliminary Signing and Pavement Marking Layout x. Preliminary Basic Landscaping Plan (grass only) xi. Preliminary Erosion Control Plan xii. Preluninary Cross Sections b. Attend one meeting with OWNER to review the 60% design and discuss comrnents. c. Submit a copy of the approved 60% drawings to affected franchise utility companies and conduct one utility coordination meeting at OWNER's office. . l�-��� �y,i . L:�Resources\cbsl �NI SC-I OVJNER �,�_ d. Prepare a 90% design submittal, consisting of the following sheets: i. Title Sheet ii. General Notes iii. Project Layout and Survey Control iv. Existing Utilities v. Tr�c Control and Construction Phasing vi. Paving P1an/Profile vii. Drainage Area Map and Calculations viii. Storm Drain Plan/Profile z�. Signing and Pavement Marking Layout x. Erosion Control Plan xi. Basic Landscaping Plan (grass only) xii. Detail Sheets xiii. Cross Sections e. Attend one meeting with OWNER to review the 90% design and discuss comments. f. Attend one City Council meeting to discuss the project. 4. Environmental Services a. Compile existing da.ta and perform an initial desktop analysis of environmental conditions of the project area. Prepare maps and other data necessary for site visit. b. Conduct site visit. Perform a preliminary jurisdictional determination to identify and delineate boundaries of waters of the U.S., including wetlands. Make note of areas of potential environmental contamination within the project area that may warrant further investigation. Evaluate the project area for federally listed threatened or endangered species habitat. c. Prepare a draft of the North Central Texas Council of Government's (NCTCOG) Environmental Review Checklist for OWNER's review and comment. Incorporate comments and submit the revised checklist to the NCTCOG for review and comments. d. Coordinate with NCTCOC� including answering questions and providing additional information if requested. This task assumes a maximum of three requests for clarification and information. Contested application proceedings and requests for multiple site visits are not included in this task. 5. Bid Phase Services a. Assist OWNER in securing bids. Issue a Notice to Bidders to prospective contractors in FNI's database of prospective bidders and to selected plan rooms. Provide a copy of the notice to bidders for OWNER to use in notifying construction news publications and publishing appropriate legal notice. The cost for publications shall be paid by OWNER. b. Print Bid Documents and distribute to selected plan rooms, and to prospective bidders that respond to the Notice to Bidders. Post Bid Documents to CivCast for electronic distribution. Maintain information on entities that have been issue a set of bid documents. Distribute information on plan holders to interested contractors and vendors on request. d. Assist the OWNER in conducting a manda.tory pre-bid conference for the construction projects and coordinate responses with OWNER. Response to the pre-bid conference will be in the form of addenda issued after the conference if necessary. L:1Resources\cbs\ �� � �/ r SC-2 OWNER �� � Assist the OWNER by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. £ At OWNER request, FrTI will assist OWNER in the opening, tabulating, and analyzing the bids received. Review the qualification information provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by OWNER. Pre-qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. g. Assist OWNER in the preparation of Construction Contract Documents for construction contracts. Provide ten (10) sets of Construction Contract Documents which inclnde information from the apparent low bidders bid documents, legal documents, and addenda bound in the documents for execution by the OWNER and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide OWNER with the remaining five (5) copies of these documents for use during construction. Additional sets of documents can be provided as an additional service. h. Fumish contractor copies of the drawings and specif'ications for construction pursuant to the General Conditions of the Construction Contract. 6. Construction Phase Services Upon completion of the bid phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect OWNER in providing these services however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for supervision of the Contractor's operation and employees. FrTi shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. F1�lI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Proj ect. a. Attend one public meeting with the OWNER and Contractar to update residents on the project. b. Assist OWNER in conducting pre-consixuction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract. Review contractor's submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the constxuction contract documents for the project. c�. Make up to 4 visit(s) to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors and will report any observed deficiencies to OWNER. Visits to the site in excess of the specified number are an additional service. L:�Resaurceslcbs\ FI�I `?'� SC-� OWNER ; i I e. Notify the contractor of non-conforming work observed on site visits. Review qualiTy related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. £ Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. The cost of such quality control shall be paid by OWNER and is not included in the services to be performed by FNI. g. Interpret the drawings and speciiications for C?WNER and Contractor(s). Investigations, analyses, and studies requested by the Contractar(s) and approved by OWNER, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. h. Prepare change order documentation for approved changes for execution by the OWNER. Documentation of field orders, where cost to OWNER is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modiiications requested by the OWNER are an additional service. Prepare documentation for contract modifications required to implement modifications in the design of the project. Receive and evaluate notices of contractor claims and make recommendations to the OWNER on the merit and value of the claim on the basis of information submitted by the contractor or a�ailable in project documentation. Endea�or to negotiate a settlement value with the Contractor on behalf of the OWNER if appropriate. Providing these services to review ar evaluate construction contractor(s) claim(s), supported by causes not within the control of FNI are an additional service. Conduct, in company with OWNER's representative, a fmal review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of fmal payment. Assist OWNER in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for fmal payment to the Contractor. Visiting the site to review completed work in excess of two trips are an additional service. k. Revise the construction drawings in accordance with the information furriished by construction Contractor(s) reflecting changes in the Project made during construction. Two (2) sets ofprints of "Record Drawings" shall be provided by FNI to OWNER. B. OPTIONAL SERVICES: If authorized by the OWNER, FNI sha11 provide the following professional services. Fees for these services are listed in the Fee Proposal Suinmary. 1. Detailed Drainage Study — F1�II shall conduct a drainage study to determine if improvements are needed to the existing culverts across Cheek-Sparger Road. Design ofthe improvements, including preparation of construction drawings, is an additional service and is not included in this contract. a. Prepare a base map far the study area consisting of aerial photography, two-foot topography, and existing storm drain infrastructure obtained from the OWNER. Obtain available topographic maps, zoning maps, thoroughfare master plan, previous studies/plans and land use maps from the OWNER. L:1Resources\cbsl �N7�� _ SC-4 OWNER i I b. Obtain "as-bui1P' plans for streets, storm drains, culvert/bridge crossings and channel improvements along the project stream study limits within identified study areas. This scope assumes adequate plans will be available from the OWNER for the study area. Perform one site visit to evaluate general watershed and hydraulic conditions. FNI will field- verify modeling parameters such as existing drainage infrastructure, land use, and Manning's roughness coefficients (i.e., "n-values") and document with photographs. d. Coordinate with surveyor and review field survey for culvert and cross sections. Delineate the contributing drainage area to the Cheek-Sparger culvert using 2-ft contours. f. Prepare a HEGHMS model of the contributing drainage area using SCS unit hydrograph methodology. The watershed will be assumed to be fully developed. F1vI will tabulate the peak discharges for the 2, 5, 10, 25, 50, and 100-year synthetic storm events. g. Prepare a HEC-RAS model of the existing culverts at Cheek-Sparger Road based on field surveyed cross sections. The limits of the model will extend from approximately 500 ft downstream to 750 ft upstream of Cheek-Sparger Road. The model will assume normal depth as the downstream starting condition. h. Map the existing 100-year floodplain and document key deficiencies including roadway overtopping and/or structure flooding. Analyze up to three (3) improvement scenarios for the culvert including minimal safety and aesthetic improvements to the existing culverts, replacement with box culverts, and replacement with arch culverts. All improvements will be analyzed in HEC-RAS for the 100- year storm according to City of Colleyville criteria. Prepare conceptual exhibits of alternatives and opinions of probable construction costs. Prepare a brief technical memorandum documenting the methodology and results of the analysis. Digital models will be attached to the memorandum. Submit PDF copy of the draft memorandum to OWNER. Incorporate cornments into pre-final memorandum. m. Submit one (1) hard copy and one (1) PDF copy ofthe pre-fmal memorandum to OWNER and City of Bedford for review. Incorporate comments into fmal memo. z�. Submit one (1) hard copy and one (1) PDF copy of the final report to OWNER and one (1) copy to the City of Bedford. o. Summarize the results of the study in a format acceptable for a council presentation. Attend council meeting to present the results of the siudy. p. If OWNER chooses ta proceed with drainage improvements on the project, the design of those improvements will be an additional service. ,� .-�-- L:\Resourceslcbsl F�I "�`� —� SGS OWNER� � 2. Detailed Landscape Design a. Coordinate with the OWNER th� limits of landscaping layout and the types of vegetation to specify. This scope assumes that low-maintenance; low-water vegetation will be specified within the center circle of ihe roundabout. b. Prepare detailed landscape construction drawings, including locations and types of plantings and other aesthetic features. 3. Right-of-Way Document Preparation (Gorrondona and Associates) a. E� Prepare a metes and bounds description with e�ibit for up to three (3) proposed right-of-way acquisitions to the OWNERS's standards. Deliverables shall include five (5) approved, signed and sealed originals to the OWNER. 4. Right-of-Way Acquisition (Stateside ROW Services) This scope of services assumes that portions of up to three (3) parcels will be acquired for the project. Acquisition of additional right-of-way will conducted as an additional service. a, Secure title commitments and updates in accordance with insurance rules and requirements. b. Secure title insurance. c. e. ARTICLE II Prepare one (1) complete appraisal report for each parcel to be acquired. Prepare and present initial offer letter to landowner. Present counteroffers to landowner as directed by the OWNER. Prepare and present final offer letter as necessary. Attend closings and provide closing services in conjunction with the Title Company. ADDITIONAL SERVICES: Additional Services which are not included in the above Base Contract or Optional Services, are described as follows: A. B. G. D. Field layouts or the furnishing of construction line and grade surveys. Meetings, notifications, and services related to inforxning the public of the project other than that specified herein. GIS mapping services or assistance with these services. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings ar other information furnished by OWNER. E. Providing renderings, model, and mock-ups requested by the OWNER. L:lResourceslcbs\ SC-6 FNI �k:`¢` OWNER,'Y ; r F. Making revisions to drawings, specifications or other documents when such revisions are 1) not consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FIVI. G. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Work. H. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by OWNER. L Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. K. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. L. Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative during the Construction Phase. The Resident Project Representative will act as directed by FNI in order to provide more extensive representation at the Project site during the Construction Phase. Through more extensive on-site observations of tl�e work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, FNI shall endea�or to provide further protection far OWNER against defects and deiiciencies in the work. If OWNER provides personnel to support the activities of the Resident Project Representative who is FTTI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such personnel will be set forth in an Attachment attached to and made a part of this AGREEMENT before the services of such personnel are begun. It is understood and agreed that such personnel will work under the direction of and be responsible to the Resident Project Representative. OWNER agrees that whenever F1�tI informs him in writing that any such personnel provided by the OWNER are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced. M. Assisting OWNER in preparing far, or appearing at litigation, mediation, arbitration, dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractar(s). I�I. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. O. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by F1�I on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. 1°. Providing environmental support services including the design and implementation of ecological baseline studies, environmental monitoring, impa.ct assessment and analyses, permitting assistance, and other assistance required to address environmental issues other than the tasks specified herein. L:1Resources\cbsl �� �-("' ✓ SC-7 OWNER ! F Q. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. R. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. S. Services required to resolve bid protests or to rebid the projects for any reason. T. Visits to the site in excess of the number of trips included in Article I for periodic site visits, coordination meetings, or contract completion activities. U. Any services required as a result of default of the contractor(s) ar the failure, for any reason, of the contractor(s) to complete the work within the contract time. V. Providing services after the completion of the construction phase not specifically listed in Article I. W. Providing basic or additional services on an acceleratedtime schedule. The scope ofthis service include cost for overtime wages of employees and consultants, inefficiencies in work sequence and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. X. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. Y. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. Z. Providing value engineering siudies or reviews of cost sa�ings proposed by construction contractors after bids have been submitted. AA. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. BB. Provide follow-up professional services during Contractor's warranty period. ARTICLE III TIME OF COMPLETION: FrTI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: The Design Phase of the contract will be completed within eight months from Notice to Proceed. If FNI's services are delayed through no fault ofFNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but axe not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO. �-� L:1Resources\cbs\ FNI �C-8 OWNER�� ARTICLE N RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNL• A. Owner recognizes and expects that certain Change Orders may be required. Unless noted otherwise, the Owner shall budget a minimum of 5% for new construction and a minimum of 10% for construction that includes refurbishing existing structures. Further, Owner recognizes and expects that certain Change Orders may be required to be issued as the result in whole or part of imprecision, incompleteness, errors, omission, ambiguities, or inconsistencies in the Drawings, Specifications, and other design documentation furnished by Engineer or in the other professional services performed or furnished by Engineer under this Agreement ("Covered Change Orders"). Accordingly, Owner agrees to pay for Change Orders and otherwise to make no claim directly or indirectly against Engineer on the basis of professional negligence, breach of contract, or otherwise with respect to the costs of approved Covered Change Orders unless the aggregate costs of all such approved Covered Change Orders exceed 2% for new constzuction and 4% for reconstruction. Any responsibility of Engineer for the costs of Covered Changed Orders in excess of such percentage will be determined on the basis of applicable contractual obligations and professional liability standards. For purposes of this paragraph, the cost of Covered Change Orders will not include: • any costs that Owner would have incurred if the Covered Change Order work had been included originally in the Contract Documents and without any other error or omission of Engineer related thereto, • Any costs that are due to unforeseen site conditions, or • Any costs that are due to changes made by the Owner. • Any costs that are due to the Contractor Nothing in this provision creates a presumption that, or changes the professional liability standard for determining if, Engineer is liable for the cost of Covered Change Orders in excess of the percent of Construction Cost stated above or for any other Change Order. Wherever used in this document, the term Engineer includes Engineer's officers, directors, partners, employees, agents, and Engineers Consultants. B. Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall ha�e contract authority to transmit instructians, receive information, interpret and define OWNER's policies and decisions with respect to FI�TI's services for the Project. C. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. D. Assist FNI by placing at FNI's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. E. Arrange for access to and make all provisions for FT�I to enter upon public and private property as required for FNI to perform services under this AGREEMENT. F. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems � L:�Resources\cbsl FNI � ?�'-� SC-9 OWNER�/� f appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time sa as not to delay the services of FNI. G. Furnish approvals and permits from all governmental authorities ha�ing jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. H. OWNER shall make ar arrange to ha�e made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by OWNER. Provide such accounting, independent cost estunating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish Resident Project Representa.tive service so the Bidders can be informed. K. If OWNER designates a person to serve in the capacity of Resident Project Representative who is not FrTI or FNI's agent or employee, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in an Attachment attached to and made a part of this AGREEMENT before the Construction Phase of the Project begins. Said attachment shall also set forth appropriate modifications of the Construction Phase services as defined in Attachment SC, Article I, C, together with such adjustment of compensation as appropriate. L. Attend the pre-bid conference, bid opening, preconstruction conferences, construction progress and other job related meetings and substantial completion inspections and fmal payment inspections. M. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of Fr1I's services, or any defect or nonconformance of the work of any Contractor. N. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of this AGREEMENT or other services as required. O. Bear all costs incident to compliance with the requirements of this Article IV. ,-; �u�_ - - L:�Resourceslcbsl k'�T� �''°` ` SC-10 OWNER� ARTICLE V DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative: F1�lI's Project Manager: FNI's Accounting Representative: L:�Resources\cbsl Jeremy Hutt, P.E., CFM 100 Main Street Colleyville, Texas 76034 PYrone: 817-503-1095 E-mail: jhutt@colleyville.com Chris Bosco, P.E_, PTOE 4055 Intemational Plaza, Ste. 200 Fort Worth, Texas 76109 Phone: 817-735-7359 E-mail: cb�a freese.com Patti Allen 4�55 International Plaza, Ste. 200 Fort Worth, Texas 76109 Phone: 817-735-7466 E-mail: pla@freese.com FI�TI � �~ -�— SG11 OWNER -�,' / ATTAC�IMENT CO COMPENSATION LUMP SUM WITH ADDITIONAL WORK BASED ON COST TIMES MULTIPLIER A. Basic Services: Compensation to FNI for the Base Contract in Attachment SC shall be the lump sum of One Hundred Twenty-Five Thousand Six Hundred Dollars ($125,600). If FNI sees the Scope of Services changing so that additional services are needed, including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the Schedule of Charges. B. Schedule of Char es for Additional Work: Sta.ff Member Resident Representative Salary Cost Times Multiplier of 2.083 Salary Cost Times Multiplier of 2.0 Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc._ for the time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, longevity payments, sick leave, vacation and holiday pay applicable thereto. (Salary Cost is equal to 1.632 times payroll. This factor is adjusted annually). Ot�er Direct Ex�enses Actual Cost Times Multiplier of 1.10 Other direct expenses shall include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff inembers. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FIVI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an Fl�]I employee was performing the saxne or similar services. Rates for In-house Services Camputer $10.00 per hour Plotter Bond Special Color Testing Apparatus Density Meter Gas Detection 3-10-04 $ 2.50 per plot $ 5.00 per plot $ 5.75 per plot $700.00 per month $ 20.00 per test Printin� Black and White $0.10 per copy Color $0.50 per copy Bindin� $5.75 per book :,:;�,�- — L:1Resourceslcbs\ ��1 C�-I OWNER %� �� 10-25-07 TERMS AND CONDITIONS OF AGREEMENT ATTAC�IlVIENT TC 1. DEFINITIDNS: The term Owner as used herei_n refers to the Citv of Collewille, Texas . 71�etexn�k'�kasused herein refers to Freese and Nichols, Inc., its employees and agents; also its subcontractors and their employees and agents. As used herein, Services refers to the professional services performed by Freese and Nichols pursuant to the AGREEMENT. 2. CHANGES: Owner, without invalidating the AGREEMENT, may order changes within the general scope of the WORK required by the AGREEMENT by altering, adding to and/or deducting from the WORK to be performed. If any change under this clause causes an increase or decrease in FNPs cost of, or the time required for, the performance of any part of the Services under the AGREEMENT, an equitable adjustment will be made by mutual agreement and the AGREEMENT modified in writing accordingly. 3. TERMINATION: The obligation to provide services under this AGREEMENT may be terniinated by either party upon ten days' written notice. In the event of termination, F'NI will be paid for all services rendered and reimbursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination. 4. CONSEQUENTIAL DAMAGES: In no event shall FNI or its subcontractors be liable in contract, tort, strict liability, warranty, or otherwise for any special, indirect, incidental or consequential damages, such as loss ofproduct, loss ofuse ofthe equipment or system, loss of anticipated profits or revenue, non-operation or increased expense of operarion or other equipment or systems. 5. INFORMATION FL)RNISHED BY OWNER: Owner will assist FNI by placing at Fl�TI's disposal all a�ailable information pertinent to the Project including previous reports and any other data relative to design or construction ofthe Project. F'NI shall have no liability for defects or negligence in the Services attributable to FNI's reliance upon or use of data, design criteria, drawings, specifications or other information fiunished by Owner and Owner agrees to indemnify and hold F1vI harmless from any and all claims and judgments, and all losses, costs and expenses arising therefrom. FNI shall disclose to Owner, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information fixrnished by Owner to FNI that FNI may reasonably discover in its review and inspection thereof. INSURANCE: FrTI shall provide to Owner certificates of insurance which shall contain the following minimum coverage (All limits in thousands): Commercial General Liability General Aggregate $2,000 Automobile Liability (Any Auto) CSL $1,640 Workers' Compensation Each Accident $500 Professional Liability $3,000 Annual Aggregate SUBCONTRACTS: I� for any reason, at any time during the progress of providing Services, Owner determines that any subcontractar far F1VI is incompetent or undesirable, Owner will notify FrTI accordingly and F1�TI shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the AGREEMENT shall create any contractual relation between any subcontractor and Owner. OWNERSHIP OF DOCiTMENTS: All drawings, reports data and other project information developed in the execution of the Services provided under this AGREEMENT shall be the property of the Owner upon payment of FNI's fees for services. FNI may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by Owner or others. Any reuse by Owner or by those who obtained said documents from Owner without written verification or adaptation by F'NI will be at Owner's sole risk and without liability or legal exposure to FNI, or to FNI's independent associates or consultants, and Owner shall indemnify and hold harmless FNI and FI�II's independent associates and consultants from all claims, damages, losses and expenses including attomeys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Fr1I to further reasonable compensation. FrTi may reuse all drawings, report data and other project information in the execution of the Services provided under this AGREEMENT in FNI's other acrivities. Any reuse by F'NI will be at FNI's sole risk and without liability or legal exposwe to Owner, and FNI shall indemnify and hold harmless Owner from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Page 1 of 2 _ PNI �'i`�'--� OWNER ,' ;' POLLUTANTS AND HAZARDOUS WASTES: It is understood and agreed that F'NI has neither created nor contributed to the creation or existence of any hazardous, radiaactive, toxic, irritant, pollutant, or otherwise dangerous substance or condition at the site, if any, and its compensation hereunder is in no way commensurate with the potential risk of injury or loss that may be caused by exposures to such substances or conditions. The parties agree that in performi.ng the Services required by this AGREEMENT, FNI does not take possession or control of the subj ect site, but acts as an invitee in performing the services, and is not therefore responsible far the existence of any pollutant present on or migrating from the site. Further, FrII shall have no responsibility for any pollutant during clean-up, transportation, storage ar disposal activities. 1 �. OPINION OF PROBABLE COSTS: FNI will furnish an opinion of probable project development cost based on present day cost, but does not guarantee the accuracy of such estimates. Opinions of probable cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs prepared by FNI hereunder will be made on the basis of FNI's experience and qualifications and represent FNI's judgment as an experienced and qualified desi� professional. It is recognized, however, that FNI does not have control over the cost of labor, material, equipment or services fiunished by others or over market conditions or contractors' methods of determiuing their prices. 11. CONSTRUCTION REPRESENTATION: If required by the AGREEMENT, FNI will fumish Construction Representation according to the defined scope for these services. F`NI will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, FNi wilI endeavor to protect Owner against defects and deficiencies in the work of Contractors; FNI will report any observed deficiencies to Owner, however, it is understood that FNI does not guarantee the Contractor's performance, nor is FNI responsible for the supervision of the Contractor's operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or the safety precautions and programs incident to the wark of the Contractor. FNI shall not be responsible for the acts or omissions of any person (except his own employees or agent) at the Project site or otherwise performing any of the work of the Proj ect. If Owner designates a person to serve in the capacity of Resident Project Representative who is not a F'NI's employee or FNI's agent, the duties, responsibilities and limitations of authority of such Resident Project Representative(s) will be set forth in writing and made a part of this AGREEMENT before the Construction Phase of the Proj ect begins. 12. PAYMENT: Progress payments may be requested by F'NI based on the amount of services completed. Payment for the services of FNI sha11 be due and payable upon submission of a statement for services to OWNER and in acceptance of the services as satisfactory by the OWNER Statements for services shall not be submitted more frequently than monthly. Any applicable new t�es imposed upon services, expenses, and charges by any govemmental body after the execution of this AGREEMENT will be added to FNI's compensation. If OWNER fails to make any payment due FNI for services and e�penses within thiriy (30) days after receipt of F`NI's staxement for services therefore, the amounts due FNI will be increased at the rate of one percent (1%) per month from said thirtieth (30th) day, and, in addition, FNI may, after giving seven (7) days' written notice to OWNER, suspend services under this AGREEMEl`�TT until FNI has been paid in full, all amounts due for services, expenses and charges. 13. ARBITRATION: No arbitration arising aut of, or relating to, this AGREEMENT involving one party to this AGREEMENT may include the other pariy to this AGREEMENT without their approval. 14. SUCCESSORS AND ASSIGNMENTS: OWNER and F'NI each are hereby bound and the partners, successors, executors, adtninistrators and legal representatives of OWNER and FNI are hereby bound to the other party to this AGREEMENT and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this AGREEMENT. Neither OWNER nor F'NI shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandaxed by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written eonsent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent FNI from employing such independent associates and consultants as FrTi may deem appropriate to assist in the performance of services hereunder. 15. PURCHASE ORDERS: If a Purchase Order is used to authorize FNPs Services, only the terms, conditions/instructions typed on the face of the Purchase Order shall apply to this AGREEMENT. Should there be any conflict between the Purchase Order and the terms of this AGREEMENT, then this AGREEMENT shall prevail and shall be determinative of the conflict. Page 2of 2 �=��� FNI OVJNER �- FEE PROPOSAL SUMMARY CITY OF COLLEYVILLE - JACKSON RD. AT CHEEK-SPARGER RD. INTERSECTION IMPROVEMENTS BASE CONTRACT OPTIONAL SERVICES Roadway Design =$ 80,500 Lump Sum Topographic and Boundary Survey =$ 17,380 Lump Sum Environmental Services =$ 8,130 Lump Sum Bid Phase Services =$ 4,680 Lump Sum Construction Phase Services =$ 9,470 Cost Plus Not to Exceed Project F�cpenses =$ 5,440 Cost Plus Not to Exceed BASE CONTRACT = $ Detailed Drainage Study (if required) _ $ Detailed Landscape Design = $ Right-af-Way Document Preparation = $ Right-of-Way Acquisition = $ OPTIONAL SERVICES = $ 125,600 22,000 Cost Plus Not to Exceed 12,740 Cost Plus Not to Exceed 4,950 Cost Plus Not to Exceed 22,110 Cost Plus Not to F�cceed 61,800 FE� LIMI7 {�ASE CONTRAGT AND OPTIONAL SERVICES) $ 'Y$7,4U0 REIMBURSEABLE EXPENSES JACKSON RD. AT CHEEK-SPARGER RD. INTERSECTION IMPROVEMENTS Expenses - Desiqn and Bid Phase 5ervices Schematic Color Plots Full 5ize Plots Plots (Record Drawings) Report Exhibits (Color) Printing (22x34 plans) Printing (11x17 plans) Printing (Spec Books) Geotechnical Drilling Laboratory Soil Testing Mileage Total Number Quantity 5 10 � 30 3 1p 20 � 1 15 1 54 1 54 50 1 3 3 50 Rate Unit Total $10 Each $3 Each $10 Each $6 Each $3 Each $0.50 Each $25 Each $420 Each $450 Each $0.50 Mile FNI Markup: TOTAL REIMBURSEABLE EXPENSES: $5J $34 $500 $18d $454 $250 $500 $1,260 $1,350 $375 $4,945 $495 $5,440 Freese and Nichols, Inc, � . _ .�.. . ' . .`.� . �: Gity bf GalleyVille �.. �. . --- ... . : �: ' . .. . Total Basic 5 BO,E � �. � � i . _ �' ' �-Jackgbtl Rn�d a11d Ch@0k�fip�rger RoBq IptaYSeetion.lYltpKnvem�flt6 :?� .'�' 7 . ' � .� �.�.: Project Fee Summary Total Special $ � Basic Services Task Labor Task Description , �ann oa�� cnris eos�o Spencer Mavwdl' Tim sa�so�a � siwe s.,�r M�ks snmau ��, namen Hara�eva , Rkherd Roce oura�on � demes aoie Total Labor Total Subs ! Exp _ � Total Hours Effort Effort Total EFfort Hourl 8ill Rate 5246.02 $184.45 $146.95 j $1D1.12 I $114.34 $218.48 � $98.50 I $74.12 $200.00 $150.00 ! 1 KiGk-OfMet�gl8n »,�._�- �.......��3 '_� 3.._�_�._�3 i.�-,.� 1-._� __._... ..���.. I_... . �. � __ .._... _. _. 12 '$ 2,�42 $ - S 2�042 � 2 Sita Visit - � 4 - 4 4 t . 4 i.. � � 16 $ 2,722 $ - 5 2,722 4 prepare 5chematic Leyoui..... ^.. . _. .:_ ._. .�_ .. _Z _e I ..._...16 _.._ 15 .-...--- —r---;------% - ��--- 42 $ -- 5 951 S - 3 4,s6i : -= _- - -- - -- 3 Review ancr Cenc�uct Trarf�c Analysis 4 �0 24 4 dZ $ 4�pp8 $ - $ 5,otl0 5 - IdenGfy Uiif+ty_Confldds__ . _..:��. .- � -_ i . �_.. �1_ . 6 -- ; � �6 'i . I . j -- --- -�', _ - '....� . .. _ � � 47 $ 2,185....$ - $ 2,185 9 COQrclln2te w20N! AC9Ui$itlQil . � @ : _ ', . ' ; _._._. . .W�'. . .,_:..._ �.:....,:.,. 8 � $ _ _ 1,476 $ - $ 1,47fi ; ,��__ � I�:__ _. - - _. 7 QC SChernafiC Laytluf . � 2 . 2 � ��� I � .. ; I _ .. 4 $ 861 $ - $ 861 - - -- - _ _._ __ _. --° 8 Cit�!�Fte ie�s.� Meetm9 � . 2 2 _ . 2 i : I �'� . I . ; , � -'�.� � - 8 $ 1 �59 $ ' $ 1,159 . .. ._. ..,...,. ._..- _.�_ . . _._.. .. ----- ---- - --- � - �� - . ,8 Firial beslgn � - �----,, , : � �, - ._ .$ . _ _ _. $ _ � $ _ . �. . p -- �- --.— _- � .... . ..._ .. . . ' �---.:�_..:_____ _ .�,. .. � ........ . ...... - -- - --- 3�. 60"�n Re�io��a- � g I 2 ; � 2 �. I . i i.... ..... . ,.... .__ 4 �$ 180 $ - 3 1,1BP 2 Pre are 60% Pavin I�nd p aina refPlansg Etc. -0 32 4� I a i 9 96 $ 14,123 $ - 5 14,123 � { . . ._... - — 4 CltyReviawMeeting ��� I .. 3 I ' .. . , . �-- 9 I $ t g3a $ - $ 1,7a8 8 P�4a are _0 . $ ecilications V ...:. .. j M1 ..3 "- t _. �: � . . . ...-.. -- . ;^ Z � - " ...: ......_... 46 $ 5. ..- --- -- - 6 Prep_ate 80% Pawng and pr�inage Plans q � 1� �� a�a � � 5,818 �..,P - 4 __- --- . ...24 � 4P ...40 . �14 $ �3,631 S - ' $ 13,831 — .-p 4 � . . .. .. . i2 - if . I. � � � � 9 .. �' - 36 � 3,998 $ - S 9,998 . . . . —` . ...--_ . ...... . ... _... . . . _. ... _. .._ 9 90g,, QC. Re �ie:v 2 � 2 �.... �_ . .. � 4 $ 861 $ ° S 86i - - . . -- ------ � � ---- � � � -- . _. ... - --T ,� U Pre are Finaf Pians and ,,Peci€ications,..,., .--. ...- . . .:..,.g I ,., g . f �,..:g . __ .� ._., 8. . . . - 32 $ �,7as S - 5 1.7sa 10 Ci pReview Meetm� �. 3 3 3 I .. _ _ ` ...`� ..-------. �_ .:...: . 9 � 1 508 $ - $ 3,5�8 � L. ._^_ . 12 Attend City Council Meetin 3 3 3 k i s $ i,73s $ - $ 1,73e 13 Attend Publ c Meehn � 4 h . 4 .. 4 r �, -� � - �_ � 16 $ 2,722 $ - .$ 2,722 � 14 I�OUYIddDOUiQCif�EYaBW � �.- � -- ...- : - r _: . ..- . :. 4� __._. _— .- . -0D $ B.D00 $ - ' $ 8,0�0 .,. _ . .. __. ._.. . .,_.. ._,. ...,_ .. _.._ ...._�_.._ .._ ...�� _...._ _-�..___ __._ .._ . ... ... . .�.,�...,. .__. ._._...._.. .,..._.. _-__ � . �_. ._��. �. . � . . $ � . $ S �.__............ _:- _,.�. _...._ ._.__ .. . ... . . . _____ ..I. : . . ' .�.. ,$ ..$� - � ____ -._.,.�.. _._ ........ .. _ _. ..,,: .... .,�...... . ........ -.�_ ... . -..... ._.. _�_._._ _...�. . - _._, -_ � . . .. . . � �. j� _ --� _ --�- _ �� . . . . , . . _ . . _.:. : ......:. TotalHours �a 52 127 167 lo6 10 32 22 40 6 � -�� � �_ Ldbof Effolt j 6 BB9 $ 9,59i $ 1B B77 $ �6 B86 ,$ i2 349 $ 2 1B5 $ � 152 , j 1 637 $ 6 04� $ 9D0 ,$ S - Total Basic Services 592 �$ 80,50�0 $ $ 60 508 3 0( B L:1ResourceslContrecl Blue SheelslClC011eyvNleWackson at Cheek-Sperger RdlRoundeboutlSenl to client 2012A2-211Fee - Colleyville - Cheek Sparger at Jaekson.xlsm 2/27/2D12 Freese and Nichols, Inc. � City Of COIIeyVille !: .: .� �- Total Besic I$ 8,133 � JeCk8olt Rd9d p�ld Che8k�5pa�gtrl' Rbad Int0ls9ctlnh IrltprbYelrle�tt8 Project Fee Summary Total Special $ - Detalled Cost Breakdown • Environmental Services Total Project !$ 8,133 4 of B L:\ResourceslCOnirect Blua SheetslC\ColleyvillelJacksnn at Cheek-6parger RdlROUndebou115en1 lo client 20�2-02-21\Fee - Colleyville - Cheek Sparger at Jacksoaxlsm 2/27/2012 Freese antl Nichols, Inc. e.�cy or �nneywrne n Road and Cheek�Sparger Road Inttirse4tiohlttipruveitient6 Project Fee Summary Detailed Cost Breakdown - Bld Phase Services Basic 5ervices Task LaborTaskDescri tion �onnoewer ' cnnsaos�o spe��erMa�i nmsansone � sievesesser Mikesnmen onmanHarereve Rkfiardftaca TotalLabor TotalSubslExp ._ _ _ _ _ _,,. _ _ P __ _ �� ; ,_ Totel Hours Effort Effork Tofal Effort Hovrl Bill Rate 5246.q2 $164.45 $'148.95 $1D1.12 $114.34 $218.48 $98.50 $74.12 Bitl Phase Services . � .��.::�. ��. �.�.�:. � :., . f I . ; . .. . �. _ .�. . $ - $ - $ - _._... __. _ ��__�� � �.. AssiStwitn.�:9id.AdveYtiSE�TteiYt �.... , �. �2 . . I ;..._. 2 _�_ 4 $ 350 $ - $ 350 f)isi��b.�tA E�d �or�rre�r�ls . .�__..�.� _ _.._ .__ ..._.:� .... � ..._ .. . ...... . . ..:..:.. . �..:.___ �__ .._�._._� � 2 . .. 2 $ 148 $ - $ 148 i ��W� �— ��.�. . � � __-.__ __ _ r'.Ifend I're ,.iri MePtin � � � � 2 . 2 � � � _ q $ 057 $ - � $ 687 �Ctespond to Questions, Issuc Addenda_._ _ 2 � a q I yY � �- -- is $ t,sas 3 - $ i,e3� I Atiend Bid Openiry and F?rep ie Birl Ta6 � : 2 F �� i� � � � 4 $ 667 $ - $ 667 � Ftevlew �ida �nd prepare Reoommendaiton of Award.. �7 I . 2 , 2_� . � � � � � . . 5 � s'E3 g - g 913 � —I— ----_. . — _ $ - $ $ -- '_ - — . ____.:- - � � .... ---.�_.� ..- � � - $ - $ .� � � - . . . .. .. _ _.._ ....�_ _..�. �_._.,_ .. � � - - - - — .._...� ._ _�... __ � $ .. $ .. .__._ . TotalHours 1� ..6. .& - 1p� � , q � � �� q � . . .. . LabOrEffort' �j 296 $ 1 476 $ 1 992 �$ 1 011 $ 457 $ ' I 5 S 296 ; $ $ � � Total Basic Services 35 $ � 4,67'8 $ - $ 4 678 5 of 8 L:1ResourcesiCOntrecl Blue ShsetslClColleyviileWackson et Cheek-6perger RdlRoundaboul4SeM to cfien12012-02-211Fee - Colleyville - Cheek 6parger at Jeckson.xlsm 2/21l2072 Freese antl Ni�hols,lnc. :�.�(.ttyat.tioll6yvill0 �.. . , „ 7otal6asic 5 9,4IL Jdc�CSOn �fo0q and Ch@ek°Spargel' IiOad C�tR�BGtioh IRlprovertlBltf6 Project Fee 5ummary Total Special $ - flnk�ilnrl (`naf Rrnn4`Inwn - f`nnnfr��rhnn Pha¢n Corvirn¢ Tnfnl Prniurk & 9 fl7� 6 0( 8 L:�ResourceslCon�rect Blue SheetsVC\C011eyvilleUackson at Cheek-Sparger RdlRoundabout\Senl lo client 2012-02-211Fee - Colleyville - Cheek Sparger al Jackson.xlsm 2/21/2012 Freese and Nichols, Inc. � - � - City of Cblleyvflle - � �: �.�-I ITotal Basic Ch�ek•6pN►qer(JaoksehVille imprpl+eMe�ttB Project Fee Summary Total Speci S ecial Services Fask � LaborTask Description I M�kawa�s SwltNubley cen�idonn�on Robe" ��n�o�m i J Total Labor Total Sube I Exp Thampson Total Hours Effort Effort Total EffoR . � - � - --- ��Houd Bill Rate' $236.58 $145.76 I, $108.87 � $72.05 �107.58 � --'--- - � - I f � � �TaeY.Ua7agerrie�kandMeetings � - t .-:�8 12 � � .. � � - ` . 18 $ 3,�81 $ $ 3,3B1 J. �� � ------ �-- . .__ ... �.. , ..:.. .__,— 2 .�l)9taGollecti0tl.-desktop.... .. . .2 I. .4 �._ .4 . . ...�.. ....._ �. �:: 1� $ 1,015 $ - $ 1,015 -- . - - - .- - ___ _�. . __ . ...� _ . _ _�� _ --_.._ 3 Sl�e Visd . .... . . . . .4 � . _ . . . $ $ 1,019 $ ' $ 1,P19 A �_-_ __,._ __- _- _ 1 - ' . - - _ ' �- � �_ G7fainage Hrea E7elineatinn I �.. I �� . 2 4 .. � . �. .� . . . �.. � . . . .11--_,.,�_._�_.., �.� � . �. . � 6 $ 727 $ - $ 727 5 CSeveiop watershed parsmeters (CN, T'c) � � s - :--- � ----z _-_ ___.�_---`- - -- - - - ._,._�. ,.- .. ... ...... . .� . , . 92 $ 7,37s S - $ t,s7s 8 6eV=10� desigrl S�[� qi5 � _ � I . 1 2 . . .. � .. .. '. �. . 3 $ 363 $ - $ 363 ' �uitd HMS Modgl ---- ! °-- � � . s __ I . . � . _- _u_ �o $ t,�ez $ - $ t,�az - - -��� -__ 6 Ekecute Madel, Analyze and Summarize Rasults � 4 2 �� � 2 I.. 9 $ 1,7&1 �$ - $ 1,181 9 Build HEC RFC f�1nd�+l � A i6 . . �_ . .. . , .�� � -� - � 20 $ 2,325 $ ' 9 2,325 1f1 Map9%istlngtl00tlpl8in �, .. . .. ... . ..1 ...2 .. ._� ... _, .-...fr- .-,__ � . ...:.. 7 $ 652 $ - $ 552 -- — _�-,_ 11 Madsl culverl. alteina!nes (3) .... -� -2 � � 8 ��20 � � �� 2 � � __ � � - 32 $ 4,035 $ - $ 4,D38 � , r r .. . ___. ___- __ . 'a Ggst �shmates �?..... 4 , �..�. �. _.._ . . . .,.,,.,. __... _ ._.,.,. .. .. I ., _ . _ _. _.. �.. ..._ . _..� ...,_. .. ., _::._� _.. __._ _� ... _._:�,.. __.___ i s $ �z� S S �z� .,. __ ..._ 13 � DrztlMemo '�,�... 2 a 'i B � � '..�. I.... .,... ...� ........ ... 16 $ 1�73s S - S 1,73s —1-- --- - � --- - -- "4 . Final P.9emo. . .. .�.1 . . . 1 . . 4 , . . � .�. . � ��, �. .. � � . 6 $ 620 $ - $ 820 — _:.. ...- ____ _ _. �. 15 ate� and ait�nd Council Mee#in5 4 2 a ' i j _,. _��,�._.._ � o $ t,sai 8 S �,sai _ � '� i ,'>. $ - 8 - $ - - -,-- i __ :. _. , g - $ - $ , ,.. i ' .... .« ' � ' , �_�'--w-.:.--. -I` i.,__ i _ .$ - $ - $ _ - - -- i i I I $ - 8 - $ - --_- ---- i i g - $ - S - TotalHoursl . ..1A �.. � .47 92 I�, 16 ; 6 I . , i .. �.....i _.�� . . .. . _ _ . . . . _ . Labor Effort $ 3 �4� ', S 6,651 $ 10 01B i 5 1,158 I S 6AS 5 - $ - � $ - S - � S - S - S - � . . . . � � . . Total Basic Services 175 $ 22 095 g � 22 065 7 of B L:1ResourceslCOntract Blue SheetslClC011eyvillelJackson et Cheek-Sparper RdlRaundabouQSent to clienl 2012-02-271Fee - Colleyville - Cheak Sperper at Jackson.xism 2/21/2012 Freese and Nichols, Inc. � : ' ' . Gity OT CnllByville . � � � ' Total Basic ! S 12,736 Cheek•Spa1'gerlJackBOnville irtlprnv�lnents Project Fee Summary 7otai 5pecial ��_ -_ Basic Services iask Labor Task Description I ovnpmTa�or MauMi�sno I � Total La6or Total Subc I Ezp l _ _ _ � Total Hours Effort EHort Totel Effort Houd Bill Rate' $140.83 $84.15 1 ;Site Visit! Lar:dscaUe "'�gram �Alg Nd. Gity � :� .4 ; �. ..: � .� '. . .�.: F �. � � -I :' 4 $ 563 $ - $ 563 _ .�� 2 ;fiOahpS�-Lgrfdsdapeplanting _'_ . ..16 ',.20 �,�. � :.�. �. : :', . ',,�� ' ����� 30 $ 3,091 $ - 5 3,091� � ..--- --- -- - �_—"- - �.._ _�... .e�.�..r..--- ....., .. _...r_ .......�.......i....W.._�_..._ �.. _ - 3 �60%QC ... i , 3 � f �.�.. ; �;.��. .�:.: '!.... ..... :' .'� 1 $ 141 $ - 5 141 A �80Wa C1tY 3ubiTlltt8l anG ROViaw Mt9:. .3 . .� ... . �� �.. _.�___.���„„___. --_.�..:»,,., _ .. ,-� �. � � �� � A $ 507 $ - 5 507 . _ _ �.. � � . ..:.. . . ,. . . . ,,., .,... ��.._ . _- - _T� . -- � ----- 5 i94� FSE-Landscap� PlapUng io 20 �. .� . aa $ 3,o�a1 $ $ 3,o5t -- -- - _ . ' . . . ..... - - --- -------- -- a.so�;a ac , 2 ._ z s zaz s - $ sez _ . _ . .._..._ - -- % � f90 / .City S�amitt2l ar d Revie��r.� Lity . _.. � . �___,. � . 3 � .� � �.. _ � ., �.� �.. .��, :�, �_ �, �. .. : , .. �, �. . _ 4 $ 507 $ - $ 567 ._��_.�._.__ . .�._ ____ 9 iFinal PSE • Landscape Planfing . _ . � I . . 19 �.��. 20 :_,., . .; .. � -..__ ... . __._ -....— �.._.._.__ ._-......- - -- - 30 $ 3�091 $ - S 3�C791 ,_ � --- B ':Fina1 �7C .. . .. . _ . . " 2 : ; , � . ... ;... � � � � �` 2 $ 282 $ = 5 2B2 _,_ � �0 ;Final � €/ 5ubrriifial and Rev�ew Mfo . .. �..3 � �1 .. �. ` ;�, ... ...: ` � ...��. .-mm � 4 $ 507 $ - S 507 �1 Prepara Sealed lssue•for•Gonsiructian 0ocumenis 3 3 " � ' �" e $ a75 $ 5 s75 _ _ - _ _ - - -- ::, J� _ �� - i _.�. .� __� �-_�_. ____--_ ____��__ $ - $ - � - . � .� �:.. �� � 13: � � � : S - S - S - 14 I .. ... .. .... �... . � i . :. . ... ..u:.��._:___.�.... �_ . .. � -. . . � $ ` $ - S - 45 - . _ - - - - - $ $ - 3 18 - _ - .. __.... ._ �._ ___: -� _ �._- - �— - - S $ S t7 I I _ € � $ $ - $ . t8 � I � .__��__ .� .____ __ ._..:.____�__ . .�.:��..... ._... _._ _.� . ..�.,�... ...0 __.�.,... ..._ _...._..�. S $ 8 � � i . _�. ' -- -- .:�. �_ .�.. .. - - ° �- -=�.- — — -.. _ . . .. .. . _ . ; _... . ... _ .. _ � r9 -�--- -- --- : ..�.:.,____ I�:____�:. _: _- ----`.----- --- -- -- $ $ 8 2D .� . . .. . .'_'.: �.:�..:'. '�_:..: � :.. �._�.. .:. �.�.:. i .il ._ . .:'. .I_ �. .. 4�.. ��. :.' I: �. . $ - $ - 5 - TotalHours 51 fi6 ; ' � � � � � � � -� � Labor Effort' $ 7 t62 5 5 55a $ - � $ - $ - $ - ��' 8 - 9 - S - '. 8 - 5 - g - � � . ��� �. . . �� � . � . �� . . . _ . . . . .. .. . .. . .. TMaI Basic Services 117 S 12,T38 $ $ 12736 B ai 8 L:1Resaurces\Contrect Blue SheetslClC011eyvllleWackson et Cheek-Sparger Rd\ROUndabouHSent lo client 2012-02-211Fee - Colieyville - Cheek Sperger at Jackson.xlsm 2/21/2012 Date: dY1 Az7_.�L �,� . Z(� �Z 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 my: support opposition Agenda Item Number: `�/�.� Ordinance/Resoluti�n Number: -�Z ^ 3�� T ; Name: ��„�� � L \� �tj Address: I�OC� J C�v �.�C�t►� �� � � � �` City: � �X 1� 3 Telephone No.: , � � �� � I represent: [�"elf ❑ Organization: I understand I am limited to speaking for five minutes. For business not listed on the agenda as a Pub/ic Hearin , ity Cou will not res ond in accordance with the Texas Open Meetings Law, Chapter 551 o th " s ocal Government Code. Signed: This information is a Public Record LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 03/06/2012 Number Resolution R-1Z-3474 Type Resolution Department Fire Title Approval of an Interlocal Agreement with the City of Frisco for cooperative purchasing of equipment and supplies, and authorize the city manager to execute the agreement Explanation Reading and Pub/ic Hearing In the State of Texas, an interlocal agreement establishes a cooperative purchasing program, allowing for multiple cities to purchase goods and services under a competitively bid contract pursuant to the Texas Local Government Code, Subchapter F, Chapter 271. The Colleyville Fire Department contacted the City of Frisco on behalf of the City, to request permission to enter into an interlocal agreement for the cooperative purchase of equipment and supplies. The attached interlocal agreement would allow City departments to purchase equipment and supplies at a reduced cost comparable to the previous interlocal agreement with the City of DeSoto, which expired last year. This agreement is not specific to any one type of equipment, and may be used for any equipment purchased by the City of Frisco. Each item available for purchase is reviewed to ensure "best pricing" with all other purchasing outlets (Houston-Galveston Purchasing Cooperative, Buy Board). Financial Impact It has been determined that there is a potential cost savings by utilizing volume discounts on equipment and supplies. Recommendation Approve Attachments 1. Interlocal Agreement with the City of DeSoto 2. Interlocal Agreement with the City of Frisco City of Colleyville Page 1 STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DALLAS § This Interlocal Cooperation Agreeinent ("Agreeinent") is by and between the City of DeSotq Texas ("DeSoto"), and the City of Colleyville, Tarrant County, Texas ("Colleyville"), acting by and through their authorized officers. RECITALS: WHEREAS, tlus Agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Goveriuilent Code; and WHEREAS, Section 271.102 of the TEx. Loc. Gov'T Co�E authorizes a local goveriunent to participate in a Cooperative Purchasing Program with another local government or a local cooperative organization; and WHEREAS, a local goveri7ment that purchases goods and services pursuant to a Cooperative Purchasing Program with another local government satisfies the requirement of the local government to seelc competitive bids for the purchase of the goods ai7d materials; and WHEREAS, each party has and will on an annual basis obtain competitive bids for the purchase of goods and services; and WHEREAS, the parties desire to enter into a cooperative purchasii7g program which will allow each party to purchase under goods and services under each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc. Gov'T Co�E; NOW THEREFORE, in consideration of the mutual covenants and pronuses contained herein, the parties agree as follows: ARTICLE I PURPOSE The purpose of tlus Agreement is to establish a cooperative purchasing prograin between the parties, which will allow each party to purchase goods and services under each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc. Gov'T Co�E. ARTICLE II TERM The tenn of tlus Agreement shall be for a period of one (1) year coinmencing on the last date of execution hereof ("Effective Date"). Thereafter this Agreement shall automatically Inter Loc11 agreement for Cooperati� � Ptuchasing 72873 renew for successive periods of one (1) year each under the terms and conditions stated herein, unless sooner terminated as provided herein. ARTICLE III TERMINATION Either party inay terininate this Agreeinent by providing thirty (30) days prior written notice to the other party. ARTICLE IV PURCHASING The City Manager or other designee for each party is authorized to act on behalf of the respective party in all matters relating to this cooperative purchasing program. Each party shall malce payments to the other party or directly to the vendor under the contract made pursuant to Subchapter F, Chapter 271 of the TEx. Loc. Gov'T Co�E. Each party shall be responsible for the respective vendor's coinpliance with provisions relating to the quality of iteins and terms of delivery. ARTICLE V MISCELLANEOUS 5.1 Relationship of Parties: This Agreemei7t is not intended to create, nor should it be construed as creating, a partnerslup, association, joint venture or trust. 52 Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent ii7 the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by hand-delivery or facsinule transmission addressed to the respective party at the address set forth below the signature of the party. 5.3 Amendment: Tlus Agreeinent may be ainended by the mutual written agreeinent of both parties hereto. 5.4 Severabilitv: In the evei7t ai7y one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or uneiiforceability shall not affect the other provisions, and the Agreen7ent shall be constn�ed as if such invalid, illegal, or uneilforceable provision had never been contained in tlus Abreement. 5.5 Governin� Law: The validity of this Agreement and any of its terins and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Dallas Coui7ty, Texas. 5.6 Entire A�reement: This Agreement represents the entire agreement among the parties with respect to the subject matter covered by tlus Agreement. There is no other collateral, oral or Inter Loc11 agreement for Cooperati� � Ptuchasing 72873 written agreement between the parties that in any manner relates to the subject matter of tlus Agreement. 5.7 Recitals: The recitals to this Agreement are incorporated herein. 5.8 Counterparts: This Agreement may be executed in any i7umber of counterparts, each of whom shall be deemed an original and coi7stit�rte one and the same instnunent. EXECUTED this day of , 2008. CITY OF DESOTO, TEXAS By: BOBBY WADDLE, MAYOR 211 E. Pleasant Run Road, Suite A DeSotq Texas 75115 ATTEST: By: LAURA HALLMARK, CITY SECRETARY APPROVED AS TO FORM Joseph J. Gorfida Jr., City Attorney EXECUTED this day of , 2008. ATTEST: : CITY SECRETARY CITY OF COLLEYVILLE, TEXAS By: Name: Title: Address: Inter Loc11 agreement for Cooperati� � Ptuchasing 72873 INTERLOCAL AGREEMENT This agreement made and entered into this day of March, 2012, by and between the City of Frisco (hereinafter called "THIS GOVERNING BODY") and other local government entities, as defined under § 791.003 of Texas Governmental Code, Interlocal Cooperation Contracts, (hereinafter called "THE CITY OF COLLEYVILLE") each acting by and through its duly authorized officials. WHEREAS, THIS GOVERNING BODY and THE CITY OF COLLEYVILLE are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, THIS GOVERNING BODY and THE CITY OF COLLEYVILLE wish to enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which THIS GOVERNING BODY and THE CITY OF COLLEYVILLE may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of THIS GOVERNING BODY and THE CITY OF COLLEYVILLE through the anticipated savings to be realized and is of mutual concern to the contracting parties; and WHEREAS, THIS GOVERNING BODY and THE CITY OF COLLEYVILLE have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein, THIS GOVERNING BODY and THE CITY OF COLLEYVILLE agree as follows: 1. THIS GOVERNING BODY and THE CITY OF COLLEYVILLE may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts; 2. THIS GOVERNING BODY and THE CITY OF COLLEYVILLE shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. THIS GOVERNING BODY and THE CITY OF COLLEYVILLE shall each make their respective payments from current revenues available to the paying party; The Agreement shall be in full force and effect until terminated by either party; 4. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by either party upon thirty (30) days written notice to another participating entity; 5. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto; and 6. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 7. Miscellaneous Provisions. 491621-3 a. Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereo£ Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Frisco, to: City Manager City of Frisco 6101 Frisco Square Blvd. Frisco, Texas 75034 If to Colleyville, to: City Manager City of Colleyville 100 Main Street Colleyville, Texas 76034 b. Entire A�reement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. d. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. Savin�s/Severability. ln case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. £ Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. g. Miscellaneous Draftin� Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. h. Soverei�n Immunity. The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. 491621-3 EXECUTED hereto on the day and year first above written. THE CITY OF COLLEYVILLE, Texas: Jennifer Fadden, City Manager ATTEST: Authorized Signature APPROVED AS TO FORM: Attorney's Office THIS GOVERNING BODY: City of Frisco, Texas George Purefoy, City Manager ATTEST: Jenny Page, City Secretary STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on the day of , 20� by Jennifer Fadden, City Manager for The City of Colleyville, Texas. Notary Public in and for the State of Texas STATE OF TEXAS § 491621-3 COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 20 , by George Purefoy, City Manager for the City of Frisco, Texas. Notary Public in and for the State of Texas 491621-3 LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 03/06/2012 Number Ordinance O-1z-18z6 Type Ordinance Department Community Development Title Approval of a request for a Special Use Permit for an auto repair and paint and body shop on Lot 2A, Block 1, of the D and W Addition located at 6800 Colleyville Boulevard, Case ZC12-002 Explanation First Reading and Pub/ic Hearing Blaise Hadley has submitted an application for a Special Use Permit (SUP) to allow an auto repair and paint and body shop located at 6800 Colleyville Boulevard. Existing Conditions. The subject property currently contains a furniture facility and an office used by a roofing contractor, Select Roofing. On March 3, 2010, by Ordinance 0-10-1744, the City Council approved an SUP for this property that allowed vehicle sales and a paint and body shop. However, this SUP automatically expired, per the ordinance, because the certificate of occupancy was never issued due the applicant deciding not to open the business. This ordinance has been attached to this agenda briefing. Existing Zoning. The property is currently zoned ML-Light Manufacturing. The proposed auto repair use is allowed with the approval of a SUP in the CC2-Shopping Center, CC3-Highway Commercial, and ML-Light Manufacturing zoning districts. The proposed use of a paint and body shop is allowed with the approval of a SUP in the CC3-Highway Commercial and ML-Light Manufacturing zoning districts. Proposed Business. The proposed business, Carsmetics, primarily focuses on minor accident repairs with a turnaround of usually within 24 hours for an average of six to ten cars per day. The applicant states that the vehicles are not towed to the facility but driven by the owner for repair and will be repaired inside the facility. The proposed business does not include engine repair. The applicant proposes to utilize the entire 9,300 square foot building, which includes an office area (1,000 square feet) currently located at the front of the building where Select Roofing is located. The applicant states that a typical Carsmetics facility is usually anywhere between 6,000 to 7,000 square feet, therefore this facility will allow all repairs to be housed within the building. The applicant is proposing to include a paint booth inside the building toward the rear City of Colleyville Page 1 City Council Agenda Briefing 5a and states that the building will be sprinkled, per the fire code requirement. The paint booth will be required to abide by all building and fire code regulations. The proposed hours of operation for the business are Monday through Friday from 7:00 a.m. to 6:00 p.m., Saturday 8:00 a.m. to 6:00 p.m., and closed on Sunday. These hours have been added to the proposed ordinance. Additional Attachments to the Briefing. The applicant provided an overview of the Carsmetics business, a development schedule, economic development information, and a proposed site plan. These documents are included in this agenda briefing. Building Enhancements. The applicant is proposing the following changes to the existing building: - Stucco over the existing prefabricated wall with a grey finish; - Include a band around the top of the building with the signature Carsmetics blue metal with a small orange trim, as shown on the building elevation exhibit; - Reface the smaller side of the building with windows on the south and east sides versus the colonial poles and stone that currently exist; - Replace the front, metal garage bay door with a glass paned garage bay door; - Add awnings across the front, in the proposed quote areas; - Remodel the existing office and lounge area to reflect the Carsmetics brand as well. Building Design Score. In accordance with Chapter 6- Building Design, staff recommends that the building design score be 30. This recommendation has been added to the proposed ordinance. Parking. A minimum of 23 parking spaces are required for the proposed uses. The property currently contains adequate space for all parking spaces required for all of the proposed and existing uses, given the current paved areas. The applicant states they will pave the rear portion of the parking lot where it is currently unpaved. This provision has been added to the proposed ordinance. Screening. Staff recommends that a minimum eight (8) foot masonry screening fence be constructed along the rear property line where it is adjacent to residentially zoned property. This provision has been added to the proposed ordinance. Outdoor Storage. The applicant states that vehicles are repaired and housed inside the facility at all times. Staff recommends that any overnight storage of vehicles be contained in the parking spaces provided by the applicant on the proposed site plan City of Colleyville Page 2 City Council Agenda Briefing 5a behind the front line of building. This provision has been added to the proposed ordinance. Master Plan. The Colleyville Master Plan designates the future use of this property for retail uses. The proposed use of an auto repair and paint and body shop is consistent with this plan with the approval of an SUP. Adjacent Zoning and Development. The surrounding properties are primarily developed as open space, retail, and offices uses. Properties to the west are zoned PUD-R-Planned Unit Development Residential and undeveloped, open space area for the Monterra addition. The property to the south is zoned CC2-Shopping Center and is developed as an office park. The property to the north is zoned ML-Light Manufacturing with a Special Use Permit for automotive repair and service with outside storage and is currently developed as Lone Star Collision Center. The property to the east is zoned ML-Light Manufacturing and is currently developed as Hart Pools. Public Notification. Staff mailed notices to 12 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one letter of opposition (within the notification area) to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the SUP request at the February 13, 2012 meeting by a vote of 6-1, with the following conditions: 1. The hours of operation may be Monday through Friday from 7:00 a.m. to 6:00 p.m., Saturday from 8:00 a.m. to 6:00 p.m., and closed on Sunday. 2. The unpaved area located at the rear may be landscaped with sod provided that there is a 24 foot wide fire lane and that an adequate turning radius is provided for fire access to the rear of the subject property. Summary. The proposed SUP does comply with the future land use designations of the Colleyville Master Plan, which recommends this property for retail uses. Given that the property is already developed as heavy commercial uses, staff believes that the proposal, by the applicant, will generally enhance the existing site and be consistent with the uses in the area. Financial Impact There is no financial impact to the City. Recommendation Approval with the following conditions: City of Colleyville Page 3 City Council Agenda Briefing 5a 1. GENERAL a. This Special Use Permit shall only apply to the use of an auto repair and a paint and body shop as depicted in Exhibit ��B". b. The hours of operation shall be Monday through Friday from 7:00 a.m. to 6:00 p.m., Saturday from 8:00 a.m. to 6:00 p.m., and closed on Sunday. c. A minimum eight (8) foot masonry screening fence shall be constructed and maintained along the entire length of the rear property line prior to the issuance of the certificate of occupancy. d. The overnight parking of vehicles shall be stored behind the gated area in the parking spaces provided on the north side of the building. e. The front fa�ade of the building shall be generally consistent with attached Exhibit ��C" and shall contain a minimum design score of 30 as described in Chapter 6-Building Design in the Land Development Code prior to the issuance of the Certificate of Occupancy. f. The gate located between the front line of the building and the northern property line shall be generally consistent with the attached Exhibit ��D". g. The parking lot shall be paved with an all-weather surface and striped as required by the Land Development Code with a minimum of 23 parking spaces as depicted on Exhibit ��E". h. The area of the property, which is currently unpaved, or earth is exposed, shall be landscaped with sod prior to the issuance of the certificate of occupancy. i. The building shall be fire sprinkled per the fire code requirements. j. 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. k. All requirements of the Land Development Code shall be met, except where amended herein. Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Letter of Opposition City of Colleyville Page 4 City Council Agenda Briefing 5a 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. Aerial Statement of Planning Objectives Carsmetics Overview Photo Submitted by Applicant Development Schedule Economic Development Information Proposed Site Plan Building Elevations Floor Plan Ordinance 0-10-1744 Ordinance 0-12-1826 City of Colleyville Page 5 Location and Zoning Map Notification List OWNER OWNER OWNER NAME OWNER ADDRESS OWNER CITY STATE ZIP SITUS ADDRESS Monterra Home Owner's Assoc 6707 Brentwood Str Rd Fort Worth TX 76112 001699 Tennison Pkwy Monterra Home Owner's Assoc 6707 Brentwood Str Rd Fort Worth TX 76112 001799 Tennison Pkwy Lone Star Collison Ltd 6804 Collyville Blvd Colleyville TX 76034 006804 Colleyville Blvd Lani Properties Llc 3317 Stonecrest Dr Grapevine TX 76051 006707 Colleyville Blvd Norman Clay Properties Llc 6705 Collyville Blvd Colleyville TX 76034 006705 Colleyville Blvd Bear Creel< Furniture Llc 6800 Collyville Blvd Colleyville TX 76034 006800 Colleyville Blvd Hart, Neil J& Sherrie D 6703 Collyville Blvd Colleyville TX 76034 006703 Colleyville Blvd Hart, Neil Etux Sherrie 1600 Glade Rd Colleyville TX 76034 006525 Colleyville Blvd Colleyville Area Chm Commerce 6700 Collyville Blvd Colleyville TX 76034 006700 Colleyville Blvd 3 J Green Limited Partnership 6620 Collyville Blvd Ste 100 Colleyville TX 76034 006630 Colleyville Blvd Sun Valley Properties 5301 Sun Valley Dr Fort Worth TX 76119 006611 Colleyville Blvd Wilson, Kathy 211 Meadowlarl< Ln Duncanville TX 75137 006609 Colleyville Blvd Wilson, Kathy 211 Meadowlarl< Ln Duncanville TX 75137 006609 Colleyville Blvd Reynolds, Lois Collins 6604 Collyville Blvd Colleyville TX 76034 006604 Colleyville Blvd Combined Enterprises Inc 6607 Collyville Blvd Colleyville TX 76034 006607 Colleyville Blvd Flower Blaise Hadley, applicant 5020 Rangewood Dr. Mound TX 75028 applicant Public hearing notices were mailed on Friday, Jan. 27, 2012 by Amy Shelley. Buffer Map Letter of Opposition Prom: Kim Jameson Sent: MondayF February 13, 2012 9:42 AM To: Amy Shelley Subject: Zn r�fer�nce t� Z�ane#ZC12-002 In reference to Zc�ne �ase Number- �C12-002 I� s j � f 4 � • r « � a + � � * � � � � 1 � � � I � I � � • , � � i � ! • � + � f r r � � f � � rt � � �r j � � `�f � � � �� � M �� � • � � � � � � � rr � � � � � � � ` � � � � ♦ � � E � � ' '1 �r � I�M �� � � !� • � �` `� �� � ` � • � ` _ i�1� !� . 1 . � . � ' ' �. • ! '*. i ! ' � � � , a I � � • � " � i � � � 7 � f � � � � ! � � � � � � � � �` � • � � � M � � � ` � � t � � . i ! � • i . 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''Y�.1���'° om - �.�rt^ . �F: � 4 TN ' { � _ � , � Jr � . � � ; ., �, 68flt7� ��D3 �.., '� ` �� � , " = P = �� '�' � � �� `� r •� - � �.�-fi-.�. � � �-__ r � 1 ���1 f �6 � �� �i�1� � �GF1 � ' = i�,-, <_ � ,��� ,,� ,�;, ` �� - `��. -_ _ � �� �G � 1h �' r � ° �� Y ._ ; . - � � , � ����J ��fl�� � � � �^ " , ; : � . , � . - � , - ,, . - . �. , , .�- , . � � , � a,, � rf � e � .. . ., �� \ `. � "�...± �'y �.� �:-'. � i ��. � � Vc3l.�' � �. . "., �± �y'' " '� �r� '" C 1 ��t + . •�•� . . � V�G� ,.�, 4 . . �, �� ��. ,� �" (l.t� � ; ,� : >, �,,r,�, _ — , a � �. �,,� �� .. � ��i ; �- � � . � � r , � � .:� , r ��� �,,, � a � � ,�� .� ._ � , ` � �_:::� � ,,�;' � - _ - tl � {y � � ��_ - �.,� -� ![�: I . -�?`' ' , � G�2� � „ � ��. ^ � � STATEMENT OF PLANNING OBJEC'fIVES THE CONCEPT Carsmetics started 15 years ago in 7ampa, Florida and brings a segment to the collision business that is unique and differentiating. We are revolutionizing the traditional body shop business by focusing on smaller, "drive-able" accident repairs done flawlessly, faster, and for less. Approximately 70% of our customers cars are repaired and returned within 24 hours. A typical collision shop will turnaround these type repairs in a 5-10 day window. The key to our quick turnaround time is again, the focus on smaller, drive-able accidents vs the larger accidents that are typically associated with the collision business. Carsmetics is excited about coming to the Colleyville area as it is one of the premier areas in the DFW market. We at Carsmetics know that this is a strong market with great demographics that is a great fit for our segment of the business. We feel that we will also bring business into the Highway 26 corridor from outside the city of Colleyville due to this unique model that does not exist in the industry today. We also know that the high end service and hospitality of Carsmetics (in an industry that has not had a reputation in these 2 areas) will cater to the clientele in this particular area. WHO WE ARE - Minor accident repairs - All cars are drivable - Retail locations - Most cars are turned around in 24 hours - Damaged cars kept inside - We bring Hospitality/Service to the auto body business - Prefer upsca/e areas with higher demographics - Female friendly (retail corridorsJ - We are green - We use water based paints - Environmentally friendly ....99.6% ctean air from paint booth (exceeds EPA standards) WHO WE ARE NOT - Not a typical collision shop... almost all body work, smaller jobs - No towed cars - Da Not have severely damaged cars - No engine repair DIFFERENTIATING - 24 HOUR TURNAROUND - HIGH QUALITY, MANUFACTURERS FINISH - L/FET/ME WARRANTY - EXACT COLOR MATCH - SATISFACTION GUARANTEED BUILDING ENHANCEMENTS Carsmetic's goal in Colleyville is to have a highly visible and attractively designed facility that is welcoming and easily accessible. The exterior of the building is currently an off white stone, prefab wall (see attachmentj. We will stucco over the outdated stone on the exterior walls and paint the building gray. The top band going around the building will be the signature Carsmetics blue metal with a small orange trim. The smaller side building will be refaced with windows on the south and east sides for a more contemporary look vs the colonial poles and stone that exist today. The front metal garage bay door will be replaced with a more contemporary look - a glass paned garage bay door. We will also add our signature awning across the front in the quote area to keep our customers from in-climate weather (and hot summer sun). "fhe interior lounge and office will also be remodeled to reflect the Carsmetics brand. From the orange leather chairs and flat panel TV, to the self service beverage station, Carsmetics raises the ba� on the interior look (see attached). With 70% of our vehicles repaired within 24 hours, we do not keep excess cars on our property. An average Carsmetics will repair 6-10 cars per day. With the size of this building at over 9300 sq ft(typically 6000-7000 sq ft), we will have the ability to house all of our repaired vehicles within the building. There will also be a paint booth inside the building, toward the rear, that will meet all EPA standards. The building will also be sprinklered, per the Fire Marshal (Robert McKeown). Although there is very little room for landscaping, we will landscape the existing grassy area on the front left of the property to enhance our look. _ _ �..�.�. •- - - - - � ,,, �� � � _ Fi�•;n7 �IevtbOn CON�yVI� �i1t�i ECONOMIC DEVELOPMENT Carsmetics is very excited to open our first location in Texas in the city of Colleyville. We feel that this location, as stated above, will bring additional traffic into the Highway 26 corridor from surrounding cities due to our differentiating model. Tax revenues will increase substantially for this location. Our current franchise locations, after 8 months of sales, are tracking annualized taxable sales of approximately $900k, which will more than double current tax revenues in this location in year 1. Projections for years 2-5: OPERAI'ING YEARS 2-5 SALES PROJECTIONS YEAR 2 $1.2 M YEAR 3 $1.4 M YEAR 4 $1.7M YEAR 5 $1.8 M SUMMARY In summary, Carsmetics is excited to come to the city of Colleyville. As stated above, we feel that we will add value to the Highway 26 corridor with additional traffic, as well as a significant increase in tax revenue. In addition to the value, Carsmetics will also provide an aesthetically pleasing building to further enhance the property and this section of Colleyville Highway. Carsmetics Overview 4 � � � . �'i � � ,, �. a v���4�: ` ' G. r '9�� ' ' � � �� 7 � ,�itY1. _ , - --- -� - - �r'M t �1' �'s,s—s_ . _ P_ . .����� �Y,x. ,,��, �� � . , .;_ =��'��;;�: ��;. �,.� .�,. - i-_�! �+����� %'.».c+m ��i �.c� T �r �c��-•». T T r r��,f p�.' i' �± t �+�r _ rl;! �ojorrn�at�an r�:�r�tmrr��d Yeereirr r> t�n/�dential nnd �vos abforned /?r�rn suurces Oeemfd refiubl�. Nn ivorronty a reryrrse;vfalrnrr, e.epresce� ^. rmplaed. �s n,00e as m tlre occurnty af fhe injr,nr�ntrun a?ntmned herein, nnd san�e is suGmi[ted sub;ect �o e�rors r,r,o omissions. Carsmetics is revolutionizing the traditional body shop business. Our mission is to be the place that people turn to forsmall accidentrepairs. We specialize in flawless repairs — performed faster and for less than anywhere else. Everyday we set out to amaze our customers with our unmatched quality, our speed of service, our hassle-free convenience, our low prices and our caring associates. .'� '.;;�i�'�1�7i���i, .']�;!t�!�:�:1', .�ni�'7 . _. ._. _ . . _,. .. . _ . � . , . ,_. , , .� �'aG' LL_, _, ��uc � „ . .� �:� �_f�.�i �.. .:rr.� �� , � ,i � i, � � ,� i('.'i;1G . . '�Ji:, , ��: f"'Y �f '��i'�.l ; t ,hl iJ�.i� r� r.i:l:�; . �"!, .i�f: �ill1 . . i ."711f , .( I" .. � E �i _. , . :`.'c.�i��.... : J . . . , ., . 1 . . __.. ,. _. ,,, Current Locations: • California • Georgia • Florida Coming Soon: • Connecticut • Delaware • Kansas • Massachusetts • New Jersey • New York • North Carolina • Oklahoma • Pennsylvania • TEXAS • Washington D.C. u ! �;,--� � � Seetior� 1: Carsmetic5 O�erview 3 Carsmeties Lonestar, LLC AfllnJormnfionc�ntcireecit�era�in�stc�nfnlenhafondwosobiainedjromsou�cesdeemedrebob;e Nowarrontyorrepresentation espressednr im�lrecf is mude us ro t"e a�cvracv of [Ae �n%nnario� cnr��med herzrn, and=ornr u svbmrrted ccdyerf [c errors nnd omi55�ons. � w�_ ._ __ � ��� ; I �._ j - �W �' � a ' � � I �.... � — . yq M � – � � . �� � � ' 4 �� �..� � � ! w �� � ..... * - � � " , ` " � r � �..—. � :� � �. -�'�.. _ F� �, ` � C{ '�rn@tic� �=�.A1�AI L.�SS� F : �, P � _ A;1 ��iji�ra�,;; �om m�miried he�ein +s tonJidenhn! and �vus obta;'nea from sr,u�ces dremrd ref+ul�le. No warronry ur r�presen,Jtion, expressed or �mphed. rs matle as ta tl�e accurorY r.�f t,be �n/��+�a��ion conro�ned herern, onAsnrne rs subrttrrted suG�ecr to erre�s ond �m�ssons. ..�, ��,y��rr a�.f .�'+ [��:,w�ned hare�n is cc�n}ir�enriol uRU :.z., �-�,t���nro jicro s� �uc.rs �:ren�r.�l re+�ai.�la. No w�rrar�ty a+- represerrra�iurr. expressed o� im�lrc�d, u mnd�� ns to the O[ruracV of the �nJu�rnu�ion [or�umed irera�r, and same is subrnrtred suti�ect ;v enors nnd onlissinns. • �J � .� -- ,' � � � � — �i t's' , . s. '�T{��� � j � � . . _ ��j^ ��� ��� �#�� _ � � \'S �?�--�tlf � � f � � �-����- -�r�4sl�;:� �*„ s. � _ �4, . . O�s��i ��� �u .� �� ���� ��� �. � � � � .v' .� � � � � ��. - �� � � � r __ � 1 � \ � '�!�'�'r��� ��. r� • Y� ' �.a � ' J �� � � � r ' � r - � �. ± � ' � - � �` . , 1 �� � � � � `��� I � x ,� „ �1;; ;njir; rrrr+tra� �r,ufuwed herein is canfidentipl and was abtoir�eo Jrom snurces �7e�med r�r+uble. No wnr�c+rr[ y w rer»esrn��;r�on, eaptessed or �mpfred. �s rrnde os to fhe ocrwncy uf [hF mJonnnrion canra+ned hP� ��rn, nnd sar�� +s suLmrtt?d suh;�c[ •ti errors and omrss�ons. • ' � � • - X-- " _. . _ � �� -�- - ---- _ - - _..ti_ � -' . � � - - - �,.�,_' � � _.-- -�- -- � � .3-._:. \\ y-- �� � � � ,� '� ti _ - f� � �;;; �nja:na�nor; c:�,rtar;rd ,hereir, �s canJidennat and was ovt�mee/rwn sources deeraiecl rel�abfe. No wnrranry ar representt�n�in, esp; esseJ o ;nlpirfd f5 n�Rdc' 05 fU tflF R[[tl�cGy Gf [h� �njOrrnp?Iqn cun{p�ne!/ herPlri, or11i cOrite is 3i1�?!i"btfed SUUJeR tC Plrnrs ORf7 On'i55';H't Carsmetics Lonestar, LLC .,; ,,,,�, ., ,,, �, . ,, �,.. �-,,;, ,�: ,;.,, , . � ,� ;, : �,�. �. ,� , _ .,,,. .,,.,;�� , : � E -!`:��;: a.. . �;��c;:� G; 1i. t!�. .,i . �. � c., f r ,,.. � � �[.1�� . r.. �,ri r.. �� r,`:. , r�.� fJrti;ff 1.-,"'cl . � �.�.•5 c r� t. ^i5.`:;,:�5� Carsmetics is part of the $40 billion auto repair business specializing in repairs of smaller accidents... what we refer to as - drivable accidents. This segment accounts for approximately half of the overall market. There are over 251 million vehicles on Americas roadways with growth expected to continue at about 1% per year. With an increasing number of cars on America's roadways, more vehicles will experience scratches, dents, and minor accidents requiring the services that Carsmetics offers. Carsmetics was founded in 1997 in Tampa, Florida, taking advantage of the dynamic vehicle growth in the US, with its corresponding accidents, while recognizing the rapidly changing auto insurance business practices. The founders understood the momentum shift in car owners taking on larger deductibles, spending their own money on repairs. Carsmetics, while participating in the auto insurance claim process, conducts the vast majority of its business with the individual, thus avoiding the routine payment disputes and discrepancies — importantly, at the typical price point for service at Carsmetics, a customer will not involve his/her insurance company — thus attempting to keep their insurance rates from going up. ,,,1.,� ��,rr�.,r. ..;+,���.,.,���,�r . .,.. .. . ��,�w�r �u� .,,� .,. �u�r,,�� �, , .._, ����� ,. „s ��.,� e ._, . . im,oLt.. �ie�� �n iv I^. ��-[c���. �: c�_�[i�d �fJ, t��f�C ��d�r� ...7''Ere �. .�;a� ti si�bi��n U.�P�(��[ ., e�r �.., °c. � �ti.:ic • The vast majority of competitors in this business are in locations that are "off the beaten path" — perceived as unsafe and unsightly. In general, women and men are more hesitant to bring their vehicles into these areas for repair proposal &/or the actual work. • Carsmetics Site Selection standards provide for locations to be developed in "retail corridors" on highly trafficked roadways within each community. As a result, each Carsmetics center retains a strong "top of mind" awareness for times when individuals are in need of this service. A minimum daily traffic flow of 35,000 vehicles per day are expected near each center. • Friendly and informative customer interaction is a highlight of the Carsmetics experience. The management team is highly trained, dressed in uniformed attire, and focused on delivering a quality experience to each customer. • One of Carsmetics strongest appeals for consumers is its typical turnaround time of only 1-2 days on almost all serviced vehicles. Most competitors have to schedule these smaller jobs into their time consuming collision repair work, leaving the customer without their vehicle for an extended time. Carsmetics "specializes" in express scratch and dent repair and drivable accidents, providing a clear and compelling service proposition for it's customers. Convenient, retail corridors and saf%rp��c���ca�f� ��v�a�iv�a����x�i�l� u���►��a�r�r�:s ; n,t, ,, Ca rsmetics Fra ncl� isor Fra nch isee The current organization structure includes: Director, President and CEO: Tony Lockhart was part of the original management team serving as VP and C00 from 1998 to 2006 where upon he became President. Director and Chairman: Robert Basham joined Carsmetics in October 2009. Bob is a founder of Outback Steakhouse and grew the chain from its first store in South Tampa to a national chain of over 900 locations. He will help build out Carsmetics nationally through the franchise arm. Bob currently still serves as Director of OSI (whose brands include Outback Steakhouse, Carrabbas Italian Grill, Bonefish Grill, Flemings Prime Steakhouse and Wine Bar and Roy's Hawaiian Fusion}. Director, Vice President and Chief Operating Officer: Stephen Dunn has been with Carsmetics since the inception. Mr. Dunn was the Director, President, and CEO from the inception to July 2006. .;,, �r�.�r . r ,..r c i �_...,_ ,� ,.. ,. � r,�+,r", . . ,� r,,, �� !�.;�„ �i _�.. ., -�r �,... .�i . , _ ...,n �� . ,_ �,. ., ,� .i . ,i ,si��� ,. ,�;n!i�-,_ ,-.u� �_,ri�Ntni. �•rrc.�.,��f�� ^jr„ � .•.��o[ta• r . ,Prr. �, , s „�mr..s^L��u t'; � ._ , f��er7„�F,t.io rr ti. ��',s. Director: Michael Smurfit, Jr. joined Carsmetics in October 2009. Mr. Smurfit has had a very successful corporate career helping build Jefferson Smurfit to become on of the world's largest makers of paper-based packaging products, including containerboard, corrugated containers folding cartons and paper bags. Currently, and for the past five years, he has been self-employed as an investor in a variety of companies based in Dublin, Ireland, serving as CEO of SF Investments. He serves on the board of directors of a number of companies in Ireland and England: Pony Express Ltd, Pony Cabs Ltd, NG Postal Ltd, AEP Systems Ltd, Bishopscourt Investments Ltd and the European Open Golf Char�pionship. Director, Vice President: Nicholas Reader was selected as Director and appointed Vice President in October 2009. He also currently serves as Chief Executive Officer of MVP and MVP Holdings Tampa, Inc. ("MVP Holdings"), the parent of MVP, both located in Tampa, Florida. In his role as Chief Executive Officer of MVP Holdings, he is in charge of the day-to-day oversight of MVP Holdings' investments and affiliated companies. Mr. Reader previously served as the Chief Financial Officer of the Tampa Bay Buccaneers in Tampa, Florida, fror� February 2002 until August 2007. ,,, .. , , ,�.. ��. ;;. , . .;� ,.. .. .,., ,,.., , �. ,. . ,�., � . �,��, . <<.�a: �_ _� r�,�� ��� �� . �;�. � -� ,. . -.nr _�'r���_ , �.��, r•�,r;,�r . _ �=�� �. � ,o. � �,:�,s„ � Paul Avery, former COO of OSI Restaurant Partners, LLC (Outback Steakhouse, Carrabbas Italian Grill, Bonefish Grill, Flemings Prime Steakhouse, Roy's Hawaiian Fusion, Lee Roy Selmons, Cheeseburger in Paradise) joined Carsmetics as a franchisee developing the New York, New Jersey, and Connecticut markets. His vast understanding and experience in developing and operating a multi-location business, helps provide exceptional leadership skills for the Carsmetics Lonestar, LLC. Paul joined the Outback Steakhouse team when the entity was comprised of its 3 original Tampa-based locations. Mr. Avery was instrumental in developing the business into a multi-concept, multinational (23 countries) organization exceeding $4.5 billion in annual system-wide revenues. Blaise Hadley, President of Carsmetics Lone Star, is responsjble for the the deWelopment and �p��ratiac�� of Ca�srnetics across �he state of Texas. Havi�g grow�n up in Houston and spending his adult life and wvrking career in Dailas/For� Worth, he is Wery familiar with the economic environment in Texas. He is a former Regional Vice President for Outback Steakhouse Inc, and was responsible for vperations for over 130 restaurant locations across the Central United States. In his 17 y�ar tenure with Outback, his duties included site identification and development, management hiring and retention, strategic marketing planning and implementation, financial planning, �nd overseeing daily operations for over $350 million in sales and profits. .ti! �n(pr,-�RtlJn [i?rR;i�ie� hf't"n ii CCR(n1Fr1liLti orr�l �r�li Dc�;UlnBC �ruAl s��u/rFS ilPNrnrtl rr�r.:���Y. �'4'o iv;lrl�nitj� OrrBJ�eSFO[ll7riltl. f'c/Jn�,sP<l or rmy�LF �. . ��,or��� r=n t ie .--i ,. r:;(!ne in�r;irrnnt��m m�tr, reri 4ere�� c� �d con'e �.,t�c��i�rtr•? suL���c1 tn errn�s orc urt;:sc,,�„�. . Carsmetics onestar, , . , � _,; ,.�, , ,,�, �.�, , , . ��. , :� , � : _ ,. ,,,,; � .� �, � .. �,. , ._ �R�:��,� , �,:, .. =� , �:., ;;�. �, ,,,�. ,,,.,� , <<�� , ,,, . � . � ..r,� _,. ,,,, � . ,�:,.�� ,� �,t� �. , �., . � i �I ' B 1 Preston/Hwy 190 (Dallas) �15 Billion+ 2 I-75/Spring Creek (Plano) $10-$15 Billion 3 Preston/Beltline (Dallas) $10-$15 Billion 4 MacArthur/Hwy 114 (Irving) $5-$10 Billion 5 Hwy 26 (Colleyville) $5-$10 Billion 6 Lewisville/Flower Mound $5-$10 Billion 7 Custer/Hwy 121 (Frisco) $5-$10 Billion 8 I-75 (Allen/McKinney) $5-$10 Billion 9 Hwy 121/Main (Colony) $5-$10 Billion 10 Hwy 360/I-20 (Grand Prairie) $5-$10 Billion 11 I-20/Cooper (S. Arlington) $5-$10 Billion 12 Hwy 190/Hwy 78 (Garland) $5-$10 Billion 13 I-20/Hulen (S Fort Worth) $5-$10 Billion 14 I-635/I-30 (Mesquite) $5-$10 Billion 15 288/I-35 (Denton) $3-$5 Billion 16 Hwy 377/Tarrant (Keller) $3-$5 Billion 17 I-30/Hwy 205 (Rockwall) $3-$5 Billion 18 Hwy 67/Beltline (Cedar Hill) $3-$5 Billion ., � �:f�- �r�_r.i� . .; [ � ri,. . .,:��rr >..;r• �.P .� r:��r. t, ,,,.,..� � .�1'� ..i�r � , i!r,.:,n. . r �.��r. 14: ..�.ir �4� .., , _�.n7r , . ..�.,� . i•� + irt�f�h�d , rt �C� �� i�-,, � C.[ r�. `, r.J, �c� � i,��rrt f��� t.?a'_, nF�. ...� ,^J 7�^�n .,�.;rr.t� �. .Gy�^:['., r•.e ; u I.;.�niss�rmc ,�, �. �5, _,� :;: . -�_ � �_: - � i , �� ",#'� , , ,�� , � , ��� � +� � � ,I . ,,. x . ,t �x ,_�� +�: � � �� �� ,_ ,. �,, E. � ' ' � �: ;.� .,� � � � �_', � i � Y I t � � � ' � � ; � � I � � � 0 .�r 0 � i � � :�r .�r lD Q � � � �. � � .�r DEVELOPMENT SCHEDULE* �All schedulinp below is continpent upon current tenant optinq out oflease before 511112. If current tenant does not opt out bv 511112, construction timeline will take place startinp 9130112. DEVELOPMENT TIMELINE 1/6/12 -Deadline for Application to Collevville P&Z 2/13/12 -P&Z Meetin� 3/6/12 -1st Council Meetin� 3/20/12 -2nd Council Meetin� 4/01/12 -Architectural Drawin�s completed/Submit to citv for review 5/01/12 -Remodel Construction be�ins 6/28/12 -Construction complete/Open for business 8 WEEK CONSTRUCTION TIMELINE Demolition -8 weeks out Fire Suppressant(booth and mixin� room) -8 weeks out Gara�e Doors -6 weeks out HVAC -4 weeks out Carport footin�s -4 weeks out Carport Steel -3 weeks out Paint Booth/mixin� room -4 weeks out Decor -3 weeks out Metal panels -2 weeks out Si�n -2 weeks out Directional si�ns/carport si�n -2 weeks out Alarm Svstem -2 weeks out Compressor -2 weeks out Air lines -2 weeks out DuPont Packa�e -1 week out � Economic Development Information BIJILUfNG SCl �T ESTIFIAATE[? S�L�Sf'dR E5i �+ALESf 5Q FT 9,3�3 $1.2M $127.7U E5T Ad VAIQREM TA�{�5f YR $2f35 CProposed Site Plan � ZONE CC-1 _____ --'---------�--�'-------�'-�---" '------�__`,_� _� No �Z ZZ Z � � r r Z Z m m TENNISON PAKKwAY �g4' RO.W.) "�-- --------�'--_ Lo1'��,Bllosk4 "� ----------i--r� '-� i i is' un� ES�r. ��avate t9�pein ��ace ZONE CC-1 � i �--------- A'IoinLer�� F�l��e � -------- - ------------------ . - �--------------------------� I --------------�ab-�,���`I�,�---_ — _ , -�---- �- --- �------- � I �20' FlRE LANE � ' L — — — — — — — — — — — — — — — — — — — — — y . �.flT In �dfl��% ]� � �n�•lln�vay �?6 1[isdlnnst�n�ll l\dlcluRn�rn J�'�` � Call�. t�, �ll, 162 �`' � � vna�ne� w�ona ZONE CC-1 0�S �INAGE E'SMT. � / E---F-�12' DRAIN. B UTIL E'SMT. � — — 10' DRAIN. & UTIL E'SMT. / � � � � S 89 3�`53� � 32�' � — — — � � �r,� � � _ � � � � ��Q r----- ��TT� I --- �------- -- p � v; b .� �� �"i `�y � ,f] a � 1 � � � � n � � W �I � � � � Z r� � �L.. � . W� I �� 10 Parking spaces �� 6' UTIL. E'SMT. � II II � II �d'ITk fll� � �.OQ �,j ���0��'. b � � �.' ��'' `,Q1�Cl�Q� . Porkingl sploces DOUBLE RAINBOW, LTD. VOL. 16551, PG.52 i �. t. � 1 Ilt>I,� / spa o �'o�, 38��1�1, P�, �i 68DD Colleyville Boulevard n � I �ZONE CC-1 CommercialBuilding � o� I � Z� I I to be landscaped Awnmg , 5' UTIL E'SMT. (currently grass) � I� � — — � — — — — � � — — — — — — — — � — `\� N �'37�,3"J� — �4• L -- — � 1\ \\ 10' DRAIN. & ��� 1� ffi�,p�� � �/ �� � . �� UDL. E$MT. � c1 t� � � i�� � � ♦� 3 � ry – Porkin� ^� – spaces '� � I `l ces , � Q /�� �oY C' �� � b� � �� � d.`�,,1 � v ���°~ p � �� iaffai ��r ., c n�troxn '�% �� � � . � � C��4�.1�, 51. 377� � p I \ �\ � �� Z�cawMON Ac�s1s // � ' c�,'' p� III I2' DRAIN. &� \•\ E SMT. {p/��l�� . Q II UTIL E'SMT. � � � � �/ � I � . \ I �\�\\\ / f � �,OQ �1�y ]�10�'Zi 1 � �. �� / � Cllnaaunl�er r`��di�nc�n � �� � � I C,a�. .�5, ��. 355� � � I �L°��`J` C� ``="`'°41 ! � VICINITY MAP TaBLES GROSS 4RF.A OF TRACT: 41,382 Sq. Ft. or 0.95 9cre BUILDINC 4RF..4 9,397 Sq. Ft. 23% of tract PARKING SPACES: 24 PROPOSF,D BUSiNF.SS: GRAPHICSCALE 1"=50' a, zs� so� ioo PREPARED BY A■'rp�t�hu�rr P.O. Box54 �SV�b.l��l,NY Lewisville,Texas75067 pp, Ph.972-221-9439 Pmfessional �antl surveyors Fax 972-221-4675 Lewlsvllle, iewss • Est. t9eb G�tY of � �� � � � Texas ZONING EYHIBIT FOR ZONING CIJ.ANGE REQUEST FROM TO Building Elevations r^n r:� i�;� ._ �n s+� �:.L :_.�.;�F�. uTU�'..%:; NL1�L SiiriG +� � _FM1I�IFiI NE'.�I f_AM7��s' S'Uwv:� + " f: . - F.1=,. y' ' Floor Plan ORDINANCE 0-10-1744 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 2A, BLOCK 1 OF THE D&W ADDITION LOCATED AT 6800 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR VEHICLE SALES AND A PAINT AND BODY SHOP; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC09-018; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and '', appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-10-1744 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 authorizing a Special Use Permit for vehicle sales and a paint and body shop on Lot 2A, Block 1, of the D&W Addition located at 6800 Colleyville Boulevard, as depicted on the Location and Zoning Map, attached as Exhibit "A" and the Site Plan, attached as 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. This Special Use Permit shall only apply to the use of vehicle sales and a paint and body shop as depicted in Exhibit "B". b. The hours of operation shall be Tuesday through Saturday from 10:00 a.m. to 6:00 p.m. c. An eight (8) foot wood or masonry screening fence shalf be constructed and maintained along the entire length of the rear property line prior to the issuance of the certificate of occupancy. d. There shall be no vehicles or accessories displayed or showcased outside of the building. e. There shall be no more than two (2) enclosed trailers for shipping and transporting of vehicles to be stored at the rear of the subject building. f. The front fa�ade of the building shall be generally consistent with attached Exhibit "C". g. The gate located between the front line of the building and the northern property line shall be generally consistent with the attached Exhibit "D". Ordinance 0-10-1744 ! Page 3 of 4 h. The parking lot shall be paved with an all-weather surface as required by the Land Development Code where it is currently unpaved, or earth is exposed, prior to the issuance of the certificate of occupancy. i. Upon any change to the original certificate of occupancy granted to the' business allowed by this ordinance, this special use permit shall � become null and void. j. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. . i� The first reading and public hearing being conducted on the /� ,, ,� �jL,�� 2010. The second reading and public hearing c 2010. day of being conducted on the �. -�� day ATTES • Cynthia Singleton, TR C, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: -���� �� �, Matthew C. G. Boyle City Attorney Ordinance 0-10-1744 Page 4 of 4 CITY OF COLLEYVILLE �� � David Kelly Mayor Exhibit "A" - Location and Zoning Map Exhibit "B" - Site Plan ALPfC� A�otors Ati�El� Nl�Tt�rs Exhibit "C" — Front Elevation Exhibit "D" — Gate Detail ���.�i�"� ; �°3 � � l��I6�{td,�� _,. �,��_..._ '� 1 i 1 � .a,,..,«;`..'.^+� E t, � ��. ��' � j i � f � � € 3 � ��� .�. t 3f3t t"w�� ; � 3. � � � � 3 � � it4��:xi':s _�,. ° i i � ' .r -{' �Ly�> 5�...- � . • � � . € � � � 9 ° { Y,°^i.��(�-v, = : j s g y a } I v � � + � � � � + ' i �'� � t [ 1 � ii & i g i p � � e � �s � � � .� . .. ; , �E_. * ft�..� � 91 �3�ti t^a. `., _.. _� ��_. -.a � . .. . . __. .r.... .... � _ _ ..- .. _. � ✓ ' , ,° �' ^ v7�i...✓{ti F ,...t"' .. f.. .='r >' :'� y,?�s"*'..:�? /" ' .�� . . .... q..�c.�"�.'�"� �'<— i��%''�i�f+�. a��:.�.,�. . ORDINANCE 0-12-1826 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 2A, BLOCK 1 OF THE D AND W ADDITION LOCATED AT 6800 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR AUTO REPAIR AND A PAINT AND BODY SHOP; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC12-002; 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 0-12-1826 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 authorizing a Special Use Permit for an auto repair and a paint and body shop on Lot 2A, Block 1, of the D and W Addition located at 6800 Colleyville Boulevard, as depicted on the attached as Exhibit "A" and 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: 'I. GENERAL a. This Special Use Permit shall only apply to the use of an auto repair and a paint and body shop as depicted in Exhibit "B". b. The hours of operation shall be Monday through Friday from 7:00 a.m. to 6:00 p.m.; Saturday from 8:00 a.m. to 6:00 p.m. and closed on Sunday. c. An eight (8) foot masonry screening fence shall be constructed and maintained along the entire length of the rear property line prior to the issuance of the certificate of occupancy. d. The overnight parking of vehicles shall be stored behind the gated area in the parking spaces provided on the north side of the building. e. The front fa�ade of the building shall be generally consistent with the attached Exhibit "C" and shall contain a minimum design score of 30 as described in Chapter 6-Building Design in the Land Development Code prior to the issuance of the Certificate of Occupancy. f. The gate located between the front line of the building and the northern property line shall be generally consistent with the attached Exhibit "D". Ordinance 0-12-1826 Page 3 of 4 g. The parking lot shall be paved with an all-weather surface and striped as required by the Land Development Code with a minimum of 23 parking spaces as depicted on Exhibit "E". h. The area of the property which is currently unpaved, or earth is exposed, shall be landscaped with sod prior to the issuance of the certificate of occupancy. i. The building shall be fire sprinkled per the fire code requirements. 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. k. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2012. Ordinance 0-12-1826 Page 4 of 4 The second reading and public hearing being conducted on the day of 2012. 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 Exhibit "B" — Statement of Planning Objectives T�iE C{3NGEPT Carsmetics started 15 years ago in Tampa, Florida and t�rings a segm�nt to khe callisian busir�ess that is ui�ir�ue and differ�entiatir,g_ We are revol�[i¢ni�in� [he traditional body �hpp business by F�cusing at� smaller, "drive-able'° �ccident repairs dc�ne flawlessl�, f�ster, and �or I�ss. Appr�ximately 7�9`� of our �ustorners �rs ��e repaireci and retuened within 24 hours. A typieal coV]isian shop will turr��ro�nd t�ese type repair5 in � 5-1p day windov,r. T�e keyr xo pur qui�'k turnaround time is �g�in, the fp�us� on smaller, driu�-ak�le a�e�dents vs the lar�e� a��ir��nxs tl�a# are typieally ��s�ci�ted witn th� ��Ilisior� i�usine�5. Garsrrietics is excited a[��ut caming ttr 4h� �ofleyville ��ea as it is �ne of the �remie� �r�as in the aFIN market, 1�tsfe at Carsmeti�s know that this is � strang market with great demc�graphics that is a great fit #ar our segment c+f the busir�ess. We feel th�x we wil I afsa �rir�g 6usiness into'the Highw�y Z6 c�rrid�r from �utsid� the c�cy of Co�l�eyu�lle dwe ta this uni+�ue rncs�lel that does not exist in the industry tod�y. We also know that the high end senrice and hospitality e�f Carsmete�s (in an industry that has nat ha�i a reputation in these � ar�asj will �ater t€� the cfie�teB� i�n this parti�ul�r ar��. 'kNhi� UUE �4RE - �Mi�or acGirier+i repairs - A!� e�rs �r� drr`vable - Reta+l��tptior�s - Mc�st eor.s ar� turrreei rrr�arr�d r`n 24 �ro�rrs - f�ar�r[�ged' ctrrs keAt a,�srde - tr4'e bring N�pspitaiity/�enriie f� the fr�to f�aa(y 6+�S�MesS - Pr�fer u�scale �reas wr`th higher der�ro�rc�phies - Female�rrenrJly �r�tt�r! c�rridprsj -�rVe are greer� - 1h'e us,e wat+�r based perrnts � Er��wrroram�n��11y frieradly� ....99� 63� cre�an air from �rtrit�t booth (exceeds �EpA stanrl�rrcisj WHO WE AFt� �{7T' - Nor a ry,��rn� earrision shap.,. a{rnc�st crJl6ody+ v�+ark, s�m�ri�erlt�bs - Na t�we�' �crrs -�o� Not have sever��y dama�r�c� cars - N'o er�gir�e re�air �IFFERENTIATING - Z�# HOLI,� tLlRl'J�RO[JND - Ff�GI-! QURLfTY, ,14�i}4N[J'�ACTtlR�R� Fl11f15N - L1F�Tll4!f� L'�A#�f�ANTY - EX,��:'F C�Z(7FC J'vPAT�I-d - S4TI�FACTfC3lU GUAR.�1NTfft? BU[LDING ENHAI�CEMEf�TS Carsmet�c's �c�al in CaCleyvill� is to h�ve a E�ighly wisible and a#tractive�y desigr��d fa�cility th�t is uveMearnir�� �rid e�sily accg55ible. The ext�rior �f the buildirtg is turrently �n off white stort�e, prefab r�v�ll �see attachmentj_ UVe w�ll stueca puer th� cautdate�d �tpn� on the ext�rinr walls �nd p�int th� k��ildin� gray. The top band �oing �r�und �he 6s�ilding will 6e t�e 5ignature Carsrrietics f�l�e met�l with a srnall orang� trim, The smaller �ide building will be refaced wi�h wind�ws vn the s�uth an�d ea�t sides for a rnare cc�nte�parar�} look �rs the eolanial poles and stone th�# exist taday. 7h� f�e�nt metai ga��ge i�ay dv�a� will be r�placed with a mor�e e�ntemporary loak - a�lass pa�e+� .garage bay dc�o�. �Ne wall also add aur slgr�at�re a+uning �cro55 [he fr�snt in th� t�upte ar�a to k��ep �aurcustom�r5 from in-•clia-na�e weatf�er (an�' h�t surr�mer s�un�. The interi�r lounge and affice will also be r�rriad�eled ta refl�ct the Ca�s�nezics br�n�. Frarn the arange I��th�r chairs and fiat par�el 1V, tc5 #he self sen�rice ka�ve�age st�tiQn, Carsmetits raises the i�ar c�n the interic�r loak {se€ atta�hed). With 7Q�'o af our �+eh�cles repaired within 24 hvurs�, we t�o n€at k�ep excess cars on our �rc�perty, An average Garsmetifs wiU repair 6-1�J cars per d�y�. With the size of this buildin� ai over �3D� sq �t (typiealiy� 5�7Df1-7C1��] sq ft], we vvill has+e th� ability tes hau�� al� nf �ur repa�red vehricles within the builC]ing. There will aMsa be a psint 6oath ins�cie the 6uildin�, ta+�ar� tF�e re�r, t�aC will meet all EPA standards� The bu]Iding v�rill a15� be 5prinkl�red, �er the Fir� M�rsha�l (Fiobert McKeown}. Althau�h there €s v�ry liitle rporn fpr landsc�pnng, w�e will land�cape the existing grassy area an fihe front left af the prc�pertr� to enhance �ur Irc�k, - _ r �. I i � I�Af11ipC3 _ � � . _ — _ '�?—.as F��F. rt�WijM1�. T�s EC+�NOMIC DEV�LOP�+I��IT Carsmetics i� very exeited to open our fi�st IocatiQn irr Texas in tlhe city of Ealleyville. We fee� that this Gocation, a5 stated abo�ve, wiil brang additi�nal tra�flc 6r�t� the Mighway �5 carriti�r frcarry �urraunding catues due ts� c�ur d�ff�rentiatir,g m�del. Tax r�v��enues swill increase subst�r�tially��rthis lacation. Dur current franchise I�cati�n�, after $ manth,s �f �a4�e�, are tracking annualiz�� xaxable �ales vf ����o���,�t�iy ��oa�, which will mare t�an dc�u�le current tax revenue5 9n this locat�on in year 1, P�ajeckions for ye�rs �-5: fiPERATING Y�ARS 2-5 YEAR 2 r��R � YEAR 4 i�EAFt � SALES PR�CIJE�CTIOAIS $1,2 M �i.a r� S�.}nn $i.8 IVI �SRJM MARY fn sc�mrnary, �Carsrne#its is �xtit�d t� cc�rrne tc� th2 c+�y of C�Ile�y+vill�. A5 stated abo+v�, �we feel that w� w�ll �dd value #o th� Highway 26 corridor �n+ith aeldit�e�nal traffi�, �s r�rell as a significant iracreas� in t�x re�uen�e. In addition t� t�e value, C�rsrnet�cs will also prs�uide an a�sthetically pleasir�g building t� further enh�r�ce the pr�op�erty and this se�t�ort of Coll�yville Hig�+�vay. Exhibit "C" — Building Elevations -chl'rIE'] �:u�cu teeeAi G.ryhUi...ti rn n°i L' MF?kl Si��NC' Mt-�i cAaoar � � €LEVJIiI�NS �w�w� �� � � � � � � � � �� DESIGN-09QEtE61HER.ZCi7 Ce�li_r. e Bexas R(VIt10w' r'.-•� za.l�k�'� M1_._ ..",� =f=Y.FI Exhibit "D" - Proposed Site Plan Pl"`t;�)c:�CCi SakC Plel95 �'-�-_�_---,�_ ��I�IE ��.-� ! __,_ �_ ��. -�-_ �- -�� _y�- ��'-� ' ` `r � `� 1 �+ �`� 1� l�� l�l � ��� �r �� . � � x M1 i;$�' R C],1S`.1 �:a � r � �� � �_.�-----_-.�_ -� m �r�._�-- °_� r L,ca�2.?w:,�3lack�� �`'e - � - - �-- - - r -�s' ��; ��, �'.s�wr Priti�ate Li�en �;pacc° � Q fV E �C�-1 y � ` --------- --- �lonterra E'1ac� �,`F� -----ie� �---- �:al�.:�, ;;1, 5r°�3 --------- r, �__�__----._�.,_.—_- �-- ---_ --- ----- � -F� ..��_ �._ r� " � = I �1C�� �'.?E �P.h�� r�a r i � _ . .. . .. _ _ _ _ _ __>. � � _ _ _ ` F L,�Q= 1, ��0#:]i 9 - - - � � � I�i�hka�ay �?� IInrlu�irial �ddixi�an ��'f ,' F�r� � i. `i31J. :'l. s 1 � . �.L .,j� �F+ i " � � ZQ!fVE C�G-1 .' , snr•.�.Fy` K:�iN '' � ��� �i U.4'�F�r'��L _ _:4� �. � y�,.= � 1i' SRA�N. k ...�... �:SVT. ,.� r � � rIL� ;'1rp.it4. 3e CR� E'S.►fi. � �u �r s � � 5' 89'32 �.3 �� � ,327. 6 7' � — rr � S�, �� �" � � � r rs � � ��` �� �----- � I I I I � -�-- t6 . �. .v _ _ _ e . � fj {R 1'� � �� L;.I E UT�L. 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W '� � � — � � � ��r'� ,--� � ., a ea �•� � I I' I I I I �+�s�;�•�� ��,. ,� �• � r—y � I 9 �'urk�r��, saaec� ' spo€es '� ;�, 4 � � }32P'i [}� � � � � 1 � I �..rt3t �, �'+�[���[ � a�}I.AI F RrkIMPC}',"s I T[:•, j # � w � , �J�]L. +BSSi. ��, �2 '�, �` ,t'� e � � c3L 4� .���it7DT.l y . � a .s.r�g� / �` 'v rn -f � .SRO�€5 r �• � -��j � �':n �'?i,a�� ��,. �4i G8�J9 :alle}�+Ille Baulevari , - '"7 �I �ZC�NE G�-1 ':'��T'm�rcl�lEt�llnlnr� { {;��, �� "�`� ;y �+� C7 1 , �+ l� '']� ""''�' �? � � •n :.e. ;onrlr:rapro.� ^.wf5.^c1 �'} �� � � ,' _ �i�. _'_k!T st�r�.�..tiy' r,rsass� Jr' __ .a�, � f+ T � �� .. � � � � — — — YL' a � �� . - —[�! _89,:i2�� �il'_ - Z,34.i7" _ �c,�� '1�' i �, �� or�,n�rr. � Lt�t 1�; 33�s�ck 1 -- �� *'�, �" �i � / • � �r� t'�ur. � � I ��` � •.� �C']�am�eraide�ition F � 3 ' -� ' � ('ah .'i, ;; l. 3 i i2 rf ` #• �'�,� � 8' '�1' � �``�.�`�.;-�ZONE C�-5 �,� ! � I I � \ � C:.�VMIC7+1� AC:.`c_5 + � �.ri. � I �-'� ` � F �``,�� ' �r '� I ' �;' ��P��' �� -. � �.wT. � I e I' � i r�. �`S�.+T *. ~�y ' 4 .'` -ti � � r � ;.~� � 4� I J � �.est 2f�; �314e?� 1�' ���. t��[ � UR.�p�ics�K_t � _ I� �[`17arxa��r �cielit.i�i� �q�', .� • e I �"�b. �, '%] '3 r i? ��� ``� n• �'� -'�� .... _ I i"II r� _;r . ,.=:1 f ``� LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5b Agenda Date 03/06/2012 Number Ordinance O-1z-18z7 Type Ordinance Department Community Development Title Approval of a request for a Special Use Permit for automotive and motor vehicle sales on Lot 3, Block 1, of the Ponce Addition located at 1803 Tarrant Lane, Suite 150, Case ZC12-003 Explanation First Reading and Pub/ic Hearing Hal Robinson submitted a request for a Special Use Permit (SUP) to allow automotive and motor vehicle sales located at 1803 Tarrant Lane, Suite 150. Existing Conditions. The subject property is currently developed as two buildings, each approximately 14,000 square feet and developed as office and warehouse uses. The applicant intends to occupy the western most building, which contains a church, offices, and warehouses. Existing Zoning. The property is currently zoned ML-Light Manufacturing. The proposed automotive and vehicle sales use is allowed with the approval of a Special Use Permit in the CC2-Shopping Center, CC3-Highway Commercial, and ML-Light Manufacturing zoning districts. Proposed Business. The proposed business will include indoor internet based automotive and vehicle sales. The applicant proposes to utilize the existing 2,400 square feet suite space for two office spaces, a break room, and an area to complete light detail work and storage of higher end, used vehicles. The applicant states that there will not be any vehicles parked, displayed or stored outside. The applicant states that meetings are set up with potential, pre-qualified customers, by appointment via telephone, email, or internet communication. The proposed hours of operation for the business are Tuesday through Saturday from 11:00 a.m. to 6:00 p.m., or by appointment. These hours have been added to the proposed ordinance. Outdoor Storage. The applicant states that vehicles are detailed and housed inside the facility at all times. Staff recommends that no vehicles and/or equipment be stored outside at any time. This provision has been added to the proposed ordinance. City of Colleyville Page 1 City Council Agenda Briefing 5b Master Plan. The Colleyville Master Plan designates the future use of this property for industrial type uses. The proposed use of vehicle sales is generally consistent with this plan is allowed with the approval of an SUP. Adjacent Zoning and Development. The surrounding properties are primarily developed as residential, offices, and warehouse type uses. Properties to the east are zoned PUD-R-Planned Unit Development Residential and developed as the Ross Downs Estates Addition. The properties to the north, south, and west are all zoned ML-Light Manufacturing and developed as office and warehouse type uses. Public Notification. Staff mailed notices to 17 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence to this request. The Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the SUP request at the February 13, 2012 meeting by a vote of 6-1. Summary. The proposed uses are compliant with the future land use designations of the Colleyville Master Plan, which recommends this property for industrial type uses and is generally consistent with the developments in this area. Financial Impact There is no financial impact to the City. Recommendation Approval with the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of automotive and vehicle sales as depicted in Exhibits ��B" and ��C" for 1803 Tarrant Lane, Suite 150. b. The hours of operation shall be Tuesday through Saturday from 11:00 a.m. to 6:00 p.m., or by appointment. c. There shall be no vehicles stored or parked, for sale, outside of the building. d. 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. e. All requirements of the Land Development Code shall be met, except where amended herein. City of Colleyville Page 2 City Council Agenda Briefing 5b Attachments 1. Location and Zoning Map 2. Notification List 3. Buffer Map 4. Floor Plan 5. Exhibit "C" - Site Plan 6. Statement of Planning Objectives 7. Ordinance 0-12-1827 City of Colleyville Page 3 Location and Zoning Map Notification List OWNER OWNER OWNER NAME OWNER ADDRESS OWNER CITY STATE ZIP SITUS ADDRESS Davidson, Charles W& Velma M 300 Meandering Ln Burleson TX 76028 006515 Colleyville Blvd Davidson, Charles W& Velma M 300 Meandering Ln Burleson TX 76028 001700 Tarrant Ln Davidson, Charles W& Velma M 300 Meandering Ln Burleson TX 76028 001704 Tarrant Ln America's Storage 6310 Lemmon Ave Ste 222 Dallas TX 75209 001704 Tarrant Ln Sbj Resch Family Ltd 501 N Reo St Tampa FL 33609 001800 Tarrant Ln Biggers, Michael R Etux Gayle 2004 Tarrant Ln Colleyville TX 76034 002004 Tarrant Ln Moan, Michael Raymond 2002 Tarrant Ln Colleyville TX 76034 002002 Tarrant Ln Kim, Kevin K 2000 Tarrant Ln Colleyville TX 76034 002000 Tarrant Ln Davidson, Charles W& Velma M 300 Meandering Ln Burleson TX 76028 006513 Colleyville Blvd America's Storage 6310 Lemmon Ave Ste 222 Dallas TX 75209 006509 Colleyville Blvd Hagen, William R Etux Jennifer 2005 Tarrant Ln Colleyville TX 76034 002005 Tarrant Ln America's Storage 6310 Lemmon Ave Ste 222 Dallas TX 75209 001801 Tarrant Ln Echols, Brent K Etux Terri 2001 Tarrant Ln Colleyville TX 76034 002001 Tarrant Ln Loftus, Donna M Etvir Brian J 2008 Frances Dr Colleyville TX 76034 002008 Frances Dr Cameron, David A 2003 Frances Dr Colleyville TX 76034 002003 Frances Dr Combined Enterprises Inc -1802 Industrial Blvd Colleyville TX 76034 001800 Industrial Blvd Sparl<s Southwest Inc 1804 Industrial Blvd Colleyville TX 76034 001804 Industrial Blvd Geneva Realty Management 1808 Industrial Blvd Colleyville TX 76034 001808 Industrial Blvd Dica Properties Ltd 1812 Industrial Blvd Colleyville TX 76034 001812 Industrial Blvd 1904 Industrial Ltd PO Box 742346 Dallas TX 75374 001900 Industrial Blvd 1904 Industrial Ltd PO Box 742346 Dallas TX 75374 001904 Industrial Blvd Combined Enterprises Inc -1802 Industrial Blvd Colleyville TX 76034 001800 Industrial Blvd Linz, William J Etux Sandi G 2005 Frances Dr Colleyville TX 76034 002005 Frances Dr Clarl<, Michael L Etux Patricia 2007 Frances Dr Colleyville TX 76034 002007 Frances Dr Hal Robinson, applicant 718 Wyndsor Creel< Southlal<e TX 76092 applicant Public notices were mailed on Friday, Jan. 27, 2012 by Amy Shelley. 6t��6f1 f � � � ' v i�8 r`� (�, r r � � i ,. �I i �:r�' �.� , i S.. � �i' , � �w f� � '� �4'I � r f �� : r '� �i�(]!9 � 2 �i��65 Ei52� Buffer Map 6�(}f3 l 6�'I G f �fl E�b'I'I ��3'I D I� � faEiD9 �608 I� �6�U7 ,�6�pE, IC� I , � � � � -- = , 6�iQ� E�aC►� I �6fl�4 � f3 ;1L �6Q4 � � �� ' � ���� ��az � � "� i�a� �i�o� ���� ��a� � � ;F,'I:3 2(]fl{l 2QD2 C�04 "� � s�� � �,��a i i � � —4T�F��J�NT LI�, �0� ��QQ'1 � 4F� 2Q(} 2U�1_ 2f}1'I 2�'1,. 2�1 1801 1 � 0:� 6. 1 I Site 20Of3 2[�14 ��'12 2� 14 2Q(}3 � ►�4 � 1 R�2� [IC , ----- — ,� � I �3d4 `I808 1 f3'I 2 'I �0� 1 �G4 � _ L� 20C15 20��3 2fl'11 �013 't30� ��� -- i—� 2{�Q� �� \ I . IIVLIIJ� I I'�lHL tS�VU � � 20(}� '19� � 1iD�� 1��`1 180� 'I�'13 'I�41 �� ��a� 2aa� 2fl04�2C}0� 21�C18 2� 1D � � - � � �� �J � — 1� 2Ut}i 200� 2�'I �1 � LSJVFw � Floor Plan 1803 Tarrant Lane, Suite 150 � � � � 0 � .�u reet z Exhibit "C" — Site Plan "r` �' r �f �� ' r���F � �rJh°' � _ . •, `", ..P-..: � ;.v � { '��,�,r ,� � � ; ` � — --� _ : — . _— ` — ���r � — ,_ — ..�' _ �. �.. � t� , --- - _. _ _ � . _ ~I ��� � , � . _ '� , , � � � , a .: �, ,5. , � $It@: � � � . �� ��a� � � � � � Suite �'� �;�� � � � �� � � 150 + �' �, _R ` • � � ` � �, � �'� 4 .� � f � � � �� , �� ,� _ � � � .1�,r � -� -� _ '� ' � 2,�00 sq. ft. 4'�':� , , �� �sU � . #� � - ? � �J ��� ., �— ----- _ —� � =;ti �� : �� � 4� � • � "' '� � . ` ,� ,� �; ^ � � . a 1 e � � � � � � � 4 � ,1 � y 1 1: � _ I � . : I I A V, 7 _ p I 1 � h I �' 1�yi . � . _ '��ly,, [/��L, _ �/�J J /� ��°'�' /�� f ,�' I y% J7 {�+�j � � ti./ V�' � I � � � �i �. �'RT�,1 � ��i , � 1 V in.. 4c - s i � � '� • � i u i , � ■ � ,', � � '';� Statement of Planning Objectives • . • � January �, 2Q12 During �he time leading up to our pending approv�l of Special Use Permit with the City c�f Colleyville, we will continue ta use the facility for clerical c�ffice duties, light deta�l and storage area only. We have and run our main sales dealership in Roanvke, Texas. Upan receiving apprc�val: Run a strictly internet high end autc� sales business, This will NUT be a"car lot". We will set up ar�aointrnent onlv rneetings with p�tential, pre-qualified customers to show them vehicle in the lighteti upscal� waret�ouse "showrc�om". Mast importantly, �ur intended prc�file is higher end used vehicles. IE: Merc�des, Pc�rsche, BMW. Convertibles, Jeeps and same very nice pick ups. This profile fits perfectly to this area and demographics, Alsc�, by keeping aur r�verhead low, we plan ta sell our vehicles much lawer than the higher end dealerships. We will be a classy, srnall, quality used car internet, appointment only, dealership that will provide quality cars �t affardable prices to Primarily NE Tarrant County. All mechanical needs will k�e out sourced. The legal name of our Internet Dealer�hip is "The Robinson Team, �LC�. The DBA is Eclipse Autos. V1te wili staff prirnarily just myself and Wife (Partner in �LC}, �abina. In the future, we may hire a part time assistant. We are excited ta be apart of the beautiful City of Colleyville. �� � - - -''` . M i � i I I i ! • ' � ' ! ' •�� www.ec�ipseautc�s.net ORDINANCE 0-12-1827 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 3, BLOCK 1 OF THE PONCE ADDITION LOCATED AT 1803 TARRANT LANE, SUITE 150, BY AUTHORIZING A SPECIAL USE PERMIT FOR AUTOMOTIVE AND MOTOR VEHICLE SALES; 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. ZC12-003; 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 0-12-1827 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 authorizing a Special Use Permit for automotive and motor vehicle sales on Lot 3, Block 1, of the Ponce Addition located at 1803 Tarrant Lane, Suite 150, as depicted on the attached as Exhibit "A" and 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: 'I. GENERAL a. This Special Use Permit shall only apply to the use of automotive and motor vehicle sales as depicted in Exhibits "B" and "C" for 1803 Tarrant Lane, Suite 150. b. The hours of operation shall be Tuesday through Saturday from 11:00 a.m. to 6:00 p.m. or by appointment. c. There shall be no vehicles stored, parked, or displayed outside of the building. d. 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. e. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Ordinance 0-12-1827 Page 3 of 4 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 2012. The second reading and public hearing being conducted on the 2012. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney CITY OF COLLEYVILLE David Kelly Mayor day of day of Exhibit "A" - Location and Zoning Map Exhibit "B" — Statement of Planning Objectives �ur�ng �� time �e��iie�t� up to ��� ��din� �pprv�v�l �f Sp�i�l ll�,e Perrn�t with t�t� ��#y �of G�Ifeg+{vilf�, we wil6 rx�nt�r�ue t� use t#�� ��cili€�r f�r cie�i��! c�ffi�e dut���, ��ht �eta�F! �nd �tt�ra�� ar�e� +�n��. '�Je have and r��n nur r��i� sales �de���r�hip in Rrs�nok�, T�x�s. lJpon re�ei��n� apprc��ral: R�n ��trictly ir��erne# high �nd aut�a s,�l�� �u�ir��. °1`��s w�11 N�T � a"��r Ita�'". 1Ne uvi�f s�;t up a�pa�n��ent�o�lv rr�eet��g� with pvt�nt�al, pr�-q�r�ili�� c�stom�r� t� sF��r�+r them if�ll�.�al.�. I� �41�r I��L�.� ���i�l'�+ �4�r�i�����r �rr�Jls���'�'��TM- Pti+1os1E �mp�rtan#�y, �ur int��d�# pr��i�e is f�Egher �nd �sed v�hi[��s. IE: N�erc�e�, F'o�rs��e, �IIJI'V�'. C�r��r�r���le�, J��s �r�d �m+e er�ry r�ic� pi�4� ups. T'his pra�i�� fits �+� +L�i�� �L4+ E�la�i i���l� +.��1� ����rC�����. �I.Cit}y � JL�+�r���� 47�� �ii ��i���ii�� �V'�i�i�. 7��r �Ifi� l�i ���I YRd! 7I ��V�G:w� ��5.,1 � I V•T .f .� lf IE749 �11�+ �I�, ��� '�i� 1� �GRIG�$ 11�y7. Yk�G 711�� � � ���.7��s s�n�k�, q�ality ���cf �r �r�t�ernet, appoiniment c�nl�r, d�ealer���p that wi1� pro�rid� qu�l��y �rs �3t �t�f��d�bl+� �r�v�s t� Pri��r�ly NE T�rrant �cruniy. All rr��h�anit;a� n�eds �ri�l 6e r�ut sour�ed. Th+� ��g� n�m� �f our Inter��t ���I�rshi� i� "TI�� F��k�ins�r� Te�m, L�C". �he ���4 i� ��lipse Ar�tc��. W� wi�l staff �rirnarii�r j��t mys�lf �nd W'ite ���r�ner i� L�,��F Sa�rir��. I� t�e f�ture, w�e �ay hir� a p�rt tirr�� as�is#�nt. 'We �re exci#+�d t� �e apar� c�f ihe ��a�+tif�l Gity+ v# Cr�lfey�ville, �in�e�el�r� � Hal R s�n 817-61 �-�8��?0 i� S Wynds�� ��eek Qrive So�tF��ak�, T�x�s �fi09� w�w: ecl i pse�utos. r� et Exhibit "C" — Site Plan "r` �' r �f �� ' r���F � �rJh°' � _ . •, `", ..P-..: � ;.v � { '��,�,r ,� � � ; ` � — --� _ : — . _— ` — ���r � — ,_ — ..�' _ �. �.. � t� , --- - _. _ _ � . _ ~I ��� � , � . _ '� , , � � � , a .: �, ,5. , � $It@: � � � . �� ��a� � � � � � Suite �'� �;�� � � � �� � � 150 + �' �, _R ` • � � ` � �, � �'� 4 .� � f � � � �� , �� ,� _ � � � .1�,r � -� -� _ '� ' � 2,�00 sq. ft. 4'�':� , , �� �sU � . #� � - ? � �J ��� ., �— ----- _ —� � =;ti �� : �� � 4� � • � "' '� � . ` ,� ,� �; ^ � � . a 1 e � � � � � � � 4 � ,1 � y 1 1: � _ I � . : I I A V, 7 _ p I 1 � h I �' 1�yi . � . _ '��ly,, [/��L, _ �/�J J /� ��°'�' /�� f ,�' I y% J7 {�+�j � � ti./ V�' � I � � � �i �. �'RT�,1 � ��i , � 1 V in.. 4c - s i � � '� • � i u i , � ■ � ,', � � '';� LlT y U�, � CC3LLEYVILLE TF � ,�c City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5c Agenda Date 03/06/2012 Number Ordinance O-1z-18z8 Type Ordinance Department Community Development Title Approval of a boundary adjustment between the City of Euless and the City of Colleyville Explanation First Reading and Pub/ic Hearing Staff from the cities of Euless and Colleyville have joined together and developed a plan to allow more effective development of a small portion of property on the border of both cities, which involves transferring the property from Euless to Colleyville through a boundary adjustment agreement. Step one of this process occurred on February 28, 2012, when the Euless City Council approved the attached ordinance transferring approximately 4.4 acres from the City of Euless to the City of Colleyville. The property is located at the northwest corner of Woodpark Lane and Cheek-Sparger Road, and is bounded by Heritage Road, Cheek-Sparger Road, and Woodpark Lane. According to the Tarrant Appraisal District, the property is owned by R. G. and D. Smith Harrington, who also own the adjoining property in Colleyville. The property is not platted and is undeveloped. Property owner approval is not required in order to approve this item. However, the property owner was sent a written notice of the proposed boundary adjustment. To date no response has been received. The purpose of the boundary adjustment is to enable more effective physical development of the subject property, increase the marketability of the subject property from an economic development perspective, and to improve the intersection of Cheek-Sparger and Heritage Avenue/Woodpark Lane. Given its somewhat triangular shape and the way in which the property slopes, the property is better served being located in Colleyville. This would allow the property to be incorporated into the larger undeveloped property, under the same ownership, to the west, upon abandonment of the Heritage Avenue curve. Per the attached exhibits, the effect of abandoning the curved portion of Heritage Avenue, where it currently intersects with Cheek-Sparger, would be to realign Heritage Avenue to where the Euless portion of Woodpark Lane currently exists, such that it intersects Cheek-Sparger Road at a perpendicular angle. Zoning. According to Section 3.6(A)6 of the Land Development Code, "all territory which hereafter is annexed to the City shall automatically be considered to be in the AG - Agricultural District, unless otherwise classified by the City Council after public hearing and upon recommendation from the Planning and Zoning Commission." City of Colleyville Page 1 City Council Agenda Briefing 5c Therefore, the property will automatically be zoned AG-Agricultural, upon approval of the boundary adjustment by the City Council. The adjacent property in common ownership to the west is zoned PUDR-Planned Unit Development Residential, and was approved by the City Council on November 6, 2007 under Ordinance 0-07-1645 (attached). Ordinance 0-07-1645 permits 269 single family residential units over 108.5 acres, which extends from Glade Road south to Cheek-Sparger Road west of Heritage Avenue. Commercial uses are permitted at the corner of Glade Road and Heritage Avenue. Although Ordinance 0-07-1645 never specifically addresses a boundary adjustment, the conceptual site plan, Exhibit "C", depicts an alternative lot layout, with an approximate two acre commercial corner lot accounting for a possible future boundary adjustment. To date, no development activity authorized by Ordinance 0-07-1645 has occurred, and the 108.5 acres remains largely undeveloped. Regardless of the provisions of Ordinance 0-07-1645, any change of zoning for the 4.4 acre subject boundary adjustment parcel from the AG-Agricultural district must follow the requirements of Section 1.18 of the Land Development Code which includes: a ten day public notice, a Planning and Zoning Commission public hearing and recommendation to the City Council, and two readings and public hearings of the rezoning ordinance by City Council. Rezoning may occur either upon the request of the property owner or be initiated by City staff upon the direction of the City Council. Streets and Utilities. The total length of Woodpark Lane in Euless is approximately 600 feet from the current Colleyville City limit to Cheek-Sparger Road, and the current pavement width is approximately 15 feet. There are currently no utilities that connect to the subject property. Next Steps. Upon approval by the City Council, staff recommends that a street abandonment for the curved portion of Heritage Avenue bounding the west side of the subject property, be brought forward for City Council consideration, along with a request to rename Woodpark Lane to Heritage Avenue. Upon the abandonment of the subject portion of Heritage Avenue, the road would be closed and realigned to Woodpark as soon as possible. Additionally, staff recommends an amendment to the Master Thoroughfare Plan reflecting the realignment of Heritage Avenue be brought forward for City Council consideration. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1. Boundary Adjustment Exhibit City of Colleyville Page 2 City Council Agenda Briefing 5c 2. Boundary Adjustment Exhibit 3. Boundary Adjustment Exhibit 4. Ordinance 0-07-1645 5. Ordinance 0-12-1828 Existing Conditions Post-Approval Conditions City of Colleyville Page 3 Boundary Adjustment Exhibit ��, E�HIBIT "A„ � � � N�TE� i a aavca ��rr 1. 8enrings are bnsed on EnF6rmatlan from coMplletl surveys ��� u�uxC �;d;9, ppGE $gg, I pr4pured by Grant Eng6neering, Inc on 1-23-2008. � z I o.R.T.c•7• I W I��� ��� ����. � q�j-c'C � , aic O �q. � Q�'� SPARGER L'nM[LY LiN[TEp PARThERSH[P F Q t7 i V�LIV� I647E. PA� 390. � � AR�T.C.T. YN�F �1�� 11B I myMi I w£ Q� ll9 �o + i� � S] = 37°a2'o5� ,j� � R - 843�53' \ L = 1281•93' � LC = N42'24'27'€ i iebz.oa• /' � • q � �zx i ��yP'�� \ � f �'t� i 123 I I' � d��S �-i i _ � `� -�N549k'27'�Y � � 207b8' �_ _ _ _ $!8' IRF � _ _ _— _ CHEEK SPpRGER RdAn �-. CGLL['/V[LlE GTT LD6fS � � � �v-aao c¢n uK[ia � ' �,pppp�,7g ��7� 1n65,74' N8952'� � � a� i i y� �y�4 a rjv�p . � Fr2° [aF W u2• tar 4p`��� � ---° ' y - � ---- i 3p• r � + '�� CtiHR�ES 0. NI1EL, JR. � V011ll� 35�2, PaC�E Sib, D.R,T,C.T. Y � y � Ho � J 1 ; J �5 �{No � yG yy,`'aR' ��`� a i � / �, � �� 4 � ANNEXAT&0N TO THE � CRY ❑F CpLLEYVILLE � 4.438 ACRES ; or 193,301 sq.ft. �� _a� � 599'57'S�'E 50$'1Q`42'E 58 B 5' ` 8(-ss,��[R FFISERTi[t. �4P /f � . '➢p[.f_ 0.'Y6033884, J ' 4.39' '.". ;� P.D.B. oF w�sra� � i� � A.6.B. 8c C.C.Ii, G6. SUfiVEY Q a A�STHACT ND. 441 ��� d= 12•33'23' z '�'A R = lU5&,63' CITY L.IMIT LINE A�JUS7MENT �'�-� LC = sii an�si°c DESCRIPTIBN ( �3�5a• 7� THE CITY ❑F COLLEYVTI � F ��� Bemg the certain trar[ nf land situated in the 1, DO55 5l1RVEY, Abstract No.441 and qei ng a portian pf the O�rdinanee Np. T92 to City of Eu;ess and a partian a�f the Craet descri6ed in the deed lo Sparger Family Limited Partners.hip �5 record€d in Volume 16472, Page 39[k of �eed Records, Tarrant Counry, 7exas and heing more parti�ularly des[rihed as follours: BEGINNI NS� zt a point at the intersection vf the Col leyville Ciiy Limlt and the 6edfard tity Limit hau�nda��ries from whi[h a 5/8" iron �rad found fortNe� southwest corner o1 said Sparger tract bear5 Narth 69°ll'27"' Westat 207.£i8 feet; THENCE Nartir 00°07'13" West 7516feet to the Begi�.nnirug of a curve to the left ; iHENCE nartheasYerly with said curve to the IeR, having a radius oF843.63 feeY, a ceniral angle a# 3i°42'OS", an art length oF 250.26 ieet to the apparent interfetGon of the north right-of-uuay af said Cheek Sparger Rqad and the east right-of-way !ine nf Hentage Avenue, rontinuing with said east righo-of-way Gn� a tokal arc length df 1281.93 feet and a long chord oF North 4�°29'27" �asi ax 1162p8 #eet to a 5/8 inch iron rod Pound for tAe end of satd curve, same being [he merging of ti�e east right-of-way [ine of WpodpafR Lane; THENCE Sou1h Ql'02'49" East wikh said east rignt�f•way line of Wqpdpark Lane, 750-80 feet to ihe sfluthwESt corner of Yhe tract described to Charies A. Hoel, Jr, and wife, Mary Lea Hoel as reeorded In Volume 352�, Page SAO aFsaid� oeetl Records; THEN{E South 89'S7'Sp" East with the sauth line of said Hoel tra[t. approximately 38.Ob feet to the narthwest corner of [he tract described to Cheek-Sparger Pro�perties, �LP, as recorded in Dotument No. �29fi�13089 of said Deed Records; TH E NC E 5 muth OS °10'42" East, 58.85 feet to the he gin ning of a c urve to t he right; THENC�F sautheasterly wSth said curve to the right, having a radius 4f 1058.d3 fe¢t, a centraf a�ngV¢ oP 12'33'c�3", an arc length of 232;00 fee[ a nd a long chard of South 71'31`34" Eastat 231-54 feet ; THENCE South b5°18'09" E�st, 4.39 Feet [o said narth City Limit Irne of the City ot Bedfqrdl and stluth f�ry Limit lin.e of the Cityof Euless; 7WENCE North 84'S1'47" WesY wiYh said common City Limit line,. 11165.7i7 feet [o the place of beginningand [antaining 4.438 acresof land, more vrless. Th�io dxumenl wns praparad under 2Z TxC 683.27, Eoea NO7 mFlect khe rasWta of am m� the grnune survey, and is ne[ (v ha usad to con�ey or astvClleh iMerest in eeol prapery axceRt thaao riqMs on6 tnEemais implied or esta4liahed by creotion vr reconligurntion of the Eoundu7 of tha politiCa� subdivisiart Eor wh�ch i! woe prcpvrad�. D�ATE� �0.nuary 23, 2q12 LEGEND a� = suannrc ur� IlE = UTILITY EAS€MENT ➢� = pkpINAGE EASEMENT PUE = Pll9LIC llTSLITY EpSENE CN = CONift{11IidG 1�0.A�tEM7 ]RF = IRON ROD F�SIDfp 1R5 = SRON R�➢ SET -R- = FENCE SCALE� 1' ° 2Qp' ➢RAWM1! &Y+ R,L.G. ELS JOH # BA►FlRD'IiV„� LANp @U{�V E V IN� �LA� IvC ! �1S,Nti1tiG + R�SiOE uT�qL; Cqld\:�f�;IP� iQ5 �ENTQi+I DFiIVE FiOANtJKE, TEXAS 76262 PHONE (817) 961-0082 FI1X (Si�} 96'�-fl085 SHEET I OF t Bounda Ad�ustment Exhibit - Existin Conditions '�. t ^ y � 'r ` � � #� , � : < `, . 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Y .� '�S', ti .,. �' . - ~ : • � ,� , w. �;..>!n � � •� � . � s.. ��'�- $ `�� �'�,�.�� Current City Limit Boundary "��� .�� . �: �,�r ,�a�,�:� � .��%' . . �2 -- ^ _�� ,� �� .� �s.:�� - � � � �: " h , , . � �' �' � � ��,�,� �, �,_�y� Between Euless and Colleyville �� �� '� y,� �, � " .. . � 1� � : �f . ' , �� +. r .� � � � ' � �� � �.� p� d� �� � �� � ' �� '" �� .'r �. � � j�' � � • �. ,� . �Il!.�', d.0 � Iw'-i� ,4� ' .-.-_ , ' �.� �, •� `�!rS`� �� , 1 � M"'' ' ��, � . • rf x� � � rt Y �� � +i � � �. }� . V' � ' . i' * Ji i � 1 �• � �� .:ir� � �. ? '�i- ''��� `*'i, -'+� . � . . . ��i f .►, , �. ,�i �lis��r� +�I�i � !� *+. �` � '�'•.� •!� �'� F p_ „ � krS �' �! r l - � �e^' �•'S{ � w ``" `��'`Y,��w'� �'.►!�, d� �±�� �� � _ _ � �g1 * :� y' � � ` - � '� � ?*�� � . . � � ;�; .-�. I � -a.�-' � : � �. �, , ;�;, S +� ' �`. '' ' . d�'� ',' ���}, ... �, ,• � y ," ,�� • �'`',� �� . $1�',�t',,,�!' . �r ° : �'�— J;�% a*,,� ,��, ' ,�{,� , ' . .� az 1''t: � � ' ,� + S�._�'': v '.S..y�Y�� _, . �=,��!_ ., �� ^E.`a ,� .y.� � ., ��� . ��>r A �, �:,� Proposed Portion of Heritage _ � � � �� _ �' :, � :� , � - x,,�.; +� - � � T< . �p � �� �: �, ` to be abandoned upon approval '�_'� ��'-R'� ° ' . A � ��p , �, `+"� "� � of boundary adjustment �"`'' ` � °°.�'.� ;� ,fi�;,� - +.�,,�T ,�< . . , , .' �� ; � . r r r , , y� _,1,,.,, . , ,' � � ' � �, n o '° {��'• ' .: �1, �' �,'+✓� ! �.'Y � `_� � ,r . � .� ��� � r . . 4�� !` f i i , . , , ' yaRr ',., �4� -. ��y n ' ' i , � y ��.�� � �� � ( +"ti� � w� �. �, f 't�F-0t Jf� - r k. f�� 4, - f� � �kl��{«,� J . � . . �- : �. ✓ � r � �� r� � . ` •e�_ .-"Y: f � K' xw . . 1 �"R 1 � � , �+' � .. .��I.:. � ,� TT� • '�: /i! � J'S �� � L' . �T ' y��{7' . .�y�. .- � � ,�. . _` � ! ' pj � t�� �z t �p� i �° � h � ¢"� � . , F � . �•.yJ'9s� ' . � I ?k4,..� - d ��/ x.�� �Y-' ��(,. 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S �f �.�i� � a I�, .,� . �„�'i ,'7,��� ,� L'�' �1 �`•i�....���i'i° 11��� 6�,., � ,i _ �/ ,r._ � ��� � ' • .` K:�"} � �.�-.- r. -.�� � � ` f _ � r�'!1� 1! ��� � ° � --'�I' � '� � 1 ; '' �, �(."' kti� � Fl� /�_ , � \ .� ' "� ' r � BOUNDARY ADJUSTMENT AREA: � � � � � � ,�� ::�� r� ". EULESS TO COLLEYVILLE - 4.4 ACRES TOTAL � �,� ` i �� _�,� � k . � �, � �' ' ,.,,i� _ , �,-� � "�i�, � '°' �°= -''", �,�• ��� �.�., � �� s� �a..-� �� � . � � �. a� �: � `+� � � � i ��r,� ? � a;���! ` ��`��' f �'�, � � �,` ' ��' + «� ii � ' u+ . � '� ' S�A � • }1 � - _ ' 7a�� _ � � � n �. . � * � �_� �� { . •. � �'` �ti� � y� � . . + . _ ,, �� ��� . � �, � L.r� �~ ' a '� .. �!.�; � �, b.�� - � � � �� ,n. a'� ` r, .�+ ���,� �� ����'� ,. 1� � 4.';�•� . �r� � ` � ,/` � j ,. - � :. �* , .. . � r � ,, � n i � , ' . a ��LJ �,�, � p r " � . ,�����. � .. _� - k � .,�.. .....R#„4� •+.s± .s "� �� t � v,�A i + 1 Jr�'� 'R ' _ yl",.C. � +� � � _ . 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'y � .� r �[�/7,�° �' ' � � � w � w�v..��Q�ll_P' `i„� �,µ� 7 !".y'� � ��yQ� �, �{' Y ��,��'.�F _v f�+,1 ` �. k '� i `�! �,�y,nypsy.� ��„��� "� t :� .� .,� �" .'`� ,g �t ( 1�*�` r �� �'P , i�" a Ah� 1� $ �v�� �.� 4::1f .4, �} i 'i� .��M�� ' � �` � � �� � 'L. � ��y���:..'l1G 'S�f.- - - "t' ` T. _ _.� .�I�� A �. f • � 2, �, . � �'�_ � � .� � iv � �, \'�., ✓� f "� y�y. � y. � ` ^�+. ; � x�.. . �jjj } � � y . . ;r.'M ; � e.� i. � Y , � � �� � � HT ' . '� � P ' �' �, ,P� ,�y ��:� ,�t� . � � �, r � � �,� New Colleyville/Euless E � � ;�� . ' � 'Y . �'� , ' �� . � �� "�` . � Cit Limit Bounda ` � � ,' ° �t�- n�:�' . „� ,� , r� y rY � �' _ � �,,� � �� . � . , � � ' � �� — . ,� r�. ., f� � ="' r ?Cr� r ���,re�'` /� ' . ., • � �e.. y f �: �+Ip ' f '' r . RJM�j�r� • , ���,���. � �'. � .. ,P�'iri" ` _ � �'''f*'•�, �, , M �4 }� � ' - �?' �� -. � � � . � � , ' �� t`. ti- �; . .. . .�. � _ � "�` — ; . � � ._' �.. ' ..�. � , ;�i'' ` � � � ����,�� — - � ^��, �,� : _,� New portion of Heritage Ave. ' � ,._ Abanonded portion �',� � : t;� '�. � � "�' ���� of Heritage Ave. ' ' �� �� ;;�' �' s " Renamed from Woodpark Lane �? !- �� .N.�^,. . ;�• ,, �'�'�� � ' �� F � � �a. � � � �.�1�,r ;. � r� + � ��. , R '� �' " �i/. :. ! � F � �'�. � ` r �`1�,tl � ' . 7 , . . . ! • � �'� ^A '.; � / � � . �� r; _ . .,� ` i !' M � � � ♦ . . I�i , �+ '!n' / ' �� r ��. � . _ , � �� °1'� . . . _ � � , ��i , ,E i. 'C i i �'�� . � _,�� � ,4 � y • �'. - �. ' .r , '~, . 1� � �,;�`t. �''���,`, �' � � , � �� .-� � c, '� � •.. �".�� �'' � � ,� .� ` �; . ��1 � � ���,-. - c ..�i ' ' , �. �'��4 � �^� � r �,{,:. �� � (`� g, }y,�, .�`�� :�f� "•�sy�►'!�`` ��;r ='S�v {,. �a .3!'c��. �.�.�.� �'��.�1.1� . �'i�.�� ,, - � "t •r y� `�'s• y�/����'C'�r y„ ,� �:�.'' �"� ����" � 1;,'.��'�'os��1��;s� �- F`: i .��, ag a .{Nr�r �' } �� .�y�� ,/�1 1{ ,,�j �. �k . � � ``J� •: �. �.: � "'' �.f-� . ',�: .��,��.ir'+J;=�. •. .�, ..1 �.�. � .- i°�.� �, � :.R�"1 �.;", ��:f� � � ri ';. �'3.�� ../�R. � � a� �� ' � � �� � _ .., _. __ _ •l. ,. .; —' _ ,ar-� :; - �-_ - ar_ �--------, . #' , , . , s - :.. ,,�r :. ,�+e. . y,�pl,� �, ,r � r r� � � a } ;'M i -` "� °+- ,, r fT� W r, ��•', ^��9 : . ,7 ".: y ,.�' � 1 � '� � � �- / P# 1 � c� ... . A. S +��. � . � 1,i � � � . '.'j; � �E „��i, ar�-r .r� � i:.��� t • 4i�`` � � .�i. ��: � � � � I��� µll 11, � � � , s _' ` • �'liy - L. ... .� ' � { � � r'� . f �"i�li � , : � _ . , � . ,H , ,r_,� ' "�, �� r� �...«' � ,��'"' _ � , , ti `� �.� 'GG��" �'- .- � . � � � . , TM _. .�,5 � r � f'° �� ' � I � � ' ,; �,'' �+� . .��� '� - ;�' ��:. • i�1-� , `r` ' — -a' � f i*" " � @� � ��Nr� -:. � - .r� '�� , /�� , .. I�� I " ' ���.i . �� '�,���i� � . � � �� �+ � ` � � � .�,��. �t/� � '« � r. s,��,_ ; ��h'��� � � i� `�, i �-. • _ . �'� .��,-' �,�✓ � �fi���; �'� � ���/1 f`°� l: ' ��- �" , � \ �` �� � ' � �S�/ { �, �I � '� a:�R'�' 't -'.✓ d " ^� �' � ��'�� �y��; iC�a:�..� • ` , �-� ,f� . _ r• �1 i��"R�� ,.�. ' � r_� _��± // � I. ' �.til e �F R ,���i{� � �����°�^.� }�* rO "K'� � �.�i. . �� � � .q,� ?, r �`'' ��. �� . � �'�, ; =.� a .� � �/. � ,. f" '� �, r� ��1i� � . � y1 �.�7 �'� , t Y k`�'� � ^ �`� � � / ��� � � ' . . ��tJ� � �' �si � - . � � � +� � � i �:. r, � :� : . L±t " �..� � �' _ ! +1 �� -:r�, ` , �!� —� . ' ' "'�l � _ �d � w y� .. , "i� , � � �' , � .�r.. ��=�-�r� . � '•��ro , � — � — y 1 �, � .� �, - � rr. —.:.,-��--� _ - . . r, t �y� �r,`,. .. j P �i 'y�R ,.�*� �at���. �S•: R +�.' , d'�� r '� , x S � r ' x, j. a'. �' � --�'� '' " • �, � , ��, -' ���A • , ► ' ��1Fc ,;�y.,""'`'";? � , —=�+— a14 , � �_ a` _ ' F '> �-f.�,•- 'r tst �,z•�._. - �`*,r_ � r,._ � , . � �a^ - ,. � � _ � ,, �.�_ r w� �� ,- , '° ', -:� ��r.e,.�-;4.L► . ' .t!' ' � �" ORDINANCE 0-07-1645 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 108.5 ACRES OUT OF THE ELIZABETH COX SURVEY, ABSTRACT 352, THE JOHN H. HAVENS SURVEY, ABSTRACT 685, THE JESSE DOSS SURVEY, ABSTRACT 441, AND THE S.C.H. WITTEN SURVEY, ABSTRACT 1734, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO PUDR-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 a rezoning under Case No. Z-07-008; 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 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 EREAS, 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 Ordinance 0-07-1645 Page 2 of 6 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. /, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LEYVILLE, 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 by reference 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 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734 from the AG-Agricultural zoning district to PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" labeled Location and Zoning Map and as described on Exhibit "B" labeled Legal Description. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 2.4 dwelling units per acre. There shall be no more than 269 single-family residential lots. b. Commercial lots shall be permitted along the frontage of Heritage Avenue. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where specifically amended by this Ordinance. 2. CONCEPTUAL PLAN, SITE PLAN, AND PLATTING a. The development shall be generally consistent with this Ordinance and the Conceptual Site Plan, labeled as Exhibit "C", which shall not be Ordinance 0-07-1645 Page 3 of 6 considered a plat. The developer shall submit and receive approval from the City for any amendment to the Site Plan in accordance with the phasing of the development of any portion of this PUDR. A detailed Site Plan submission shall, at a minimum, meet the requirements of Section 3.23 J.K.6. of the Land Development Code, be consistent with this Ordinance, and may also be required to show additional conditions provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plan(s) shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached. b. All commercial properties shall allow only uses permitted in the following zoning districts that are; (1) either State of Texas sales tax generating businesses, or (2) professional offices: CN- Neighborhood Commercial zoning district, the CC1-Village Retail zoning district and the CC2-Shopping Center zoning district. 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Planning Area "A" refers to lots adjacent to western property line. Planning Area "A" a. Minimum Lot Size 9,000 square feet b. Minimum Lot Width 70 feet c. Minimum Lot Depth 120 feet d. Front Building Line 20 feet; or 15 feet for a front swing garage e. Side Building Line 5 feet f. Rear Building Line 30 feet g. Maximum Building Height 40 feet h. Maximum Lot Coverage 65% Planning Area "B" a. Average Lot Size b. Minimum Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line h. Maximum Building Height i. Maximum Lot Coverage 5. OPEN SPACE AND LANDSCAPE BUFFER Ordinance 0-07-1645 Page 4 of 6 5,500 square feet 5,000 square feet 50 feet 105 feet 20 feet; or 15 feet for a front swing garage 0, 1 or 9 feet with a 10 foot minimum befinreen buildings 10 feet 40 feet 65% a. A 10 foot wide landscape buffer shall be designated along the entire western property line. No structures may be constructed within the landscape buffer. The landscape buffer shall be incorporated in the rear lots of Planning Area "A". Such landscape buffer shall is not an open space lot. Chapter 5 of the Land Development Code applies to this landscape buffer in particular and the development as a whole. In addition, the Section 5.9 Tree Replacement Requirements shall apply to any replacement tree greater than three (3) inches in diameter which is substantially damaged or which dies within two (2) years of final inspection. b. Open space lots shall be maintained by the Homeowners Association. c. The following amenities are permitted in the open space lots: picnic tables, benches, playground equipment, concrete and crushed granite walking paths, a gazebo, an arbor, other garden type built elements including a fireplace, fountains, lights and a dock and pier. These amenities shall be owned and maintained by a homeowners association. 6. PRIVATE SIDEWALKS AND STREETS a. A ten (10) foot wide concrete trail approximately 1.2 miles long shall be constructed on-site along with all other public improvements as part of this development between Glade Road and Cheek Sparger Road and prior to the time of Final Plat. The City Manager or his designee may approve a reduced trail width of eight (8) feet if necessary based upon topographic, landscape, or other issues. Such trail shall be included as part of any Site Plan submittal, and shall be consistent with the City's then existing Master Trail Plan. Ordinance 0-07-1645 Page 5 of 6 7. SCREENING a. An eight (8) foot masonry wall shall be built befinreen any commercial and residential lots. b. An eight (8) foot masonry wall shall be built along the perimeter of the subdivision along Heritage Avenue, Glade Road and Cheek Sparger Road. The design for such wall shall be stamped and sealed by a licensed engineer. The standards and detail for such wall shall be included as part of the detailed Site Plan. c. Perimeter fencing along Heritage Avenue shall only be required immediately adjacent to lots, and not be required along where floodplain or open space is adjacent to Heritage Avenue. 8. OTHER a. Ingress and Egress from Winewood Place shall be restricted to access by emergency vehicles only. b. The number of lots allowed with frontage on a cul-de-sac street shall adhere to the requirements of the Land Development Code. c. The portion of the development located south of Little Bear Creek shall have a minimum of two (2) points of public vehicular ingress and egress from Cheek Sparger Road and/or Heritage Avenue. d. There shall be no direct access onto Glade Road from this development. e. There shall be no single family uses allowed adjacent to Heritage Avenue where there are, as of the passage of this ordinance, existing commercial uses directly across Heritage Avenue within the City of Euless. f. Retaining walls that are adjacent to residential lots shall be constructed with a stone facade. 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 specifically 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 Ordinance 0-07-1645 Page 6 of 6 this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. ND IT IS SO ORDERED. first reading and public hearing being conducted on the � day of � ��g��fc% 2007. � he second reading and public hearing being conducted on the %� day of �i1-�/niri�/ � 2007. ATTEST: " Cynthia Singleton, TRMC, CMC City Secretary ROVED AS TO FORM AND LEGALITY: ,.�� �� �" � Matthew C. G. Boyle City Attorney CITY OF COLLEYVILLE �� <%��J�_�.��.,��_� � �� David Kelly Mayor Exhibit "B" Legal Description CREEKSIDE AT COLLEYVILLE (PUD-R) 108.5 ACRE ZO1vING TRACT BEING A 108.5 ACRE TR.ACT OF LAND SITUATED IN THE ELIZABETH COX SURVEY, ABSTRACT NO. 352, THE JOHN H. HAVENS SURVEY, ABSTRACT NO. 685, THE JESSE DOSS SURVEY, ABSTRACT NO. 441 AND THE S.C.H. WITTEN SURVEY, ABSTRACT NO. 1734, CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS. SAID 108.5 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT NEAR THE INTERSECTION OF THE CENTERLINE OF GLADE ROAD AND THE INTERSECTION OF; THENCE S 09°46'23" W, OVER AND ACROSS SAID GLADE ROAD AND HERITAGE AVENUE, A DI5TANCE OF 99.73 FEET TO A POINT FOR CORNER IN THE EAST RIGHT-OF-WAY (R.O.W.) LINE OF SAID HERITAGE AVENUE; THENCE ALONG THE EAST LINE OF SAID HERITAGE AVENUE THE FOLLOWING COURSES AND DISTANCES; S 12°21'40" W, A DISTANCE OF 447.71 FEET TO A POINT FOR CORNER; S OS°25'11" W, A DISTANCE OF 195.30 FEET TO A POINT FOR CORNER; S 04°21'00" W, A DISTANCE OF 720.00 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE RIGHT HAVING A DELTA ANGLE OF 27°31'41 ", A RADNS OF 1121.05 FEET, AN ARC LENGTH OF 538.62 FEET, A CHORD BEARING OF S 17°31'00" W, AND A CHORD LENGTH OF 533.45 FEET TO A POINT FOR CORNER; S 30°41'03" W, A DISTANCE OF 515.89 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 15°51'46", A RADNS OF 2840.34 FEET, AN ARC LENGTH OF 786.37 FEET, A CHORD BEARING OF S 22°45'00" W, AND A CHORD LENGTH OF 783.86 FEET TO A POINT FOR CORNER; S 14°48'S7" W, A DISTANCE OF 308.22 FEET TO A POINT FOR CORNER; ALONG A CURVE TO THE LEFT HAVING A DELTA ANGLE OF 16°OS'15", A RADNS OF 1407.20 FEET, AN ARC LENGTH OF 395.12 FEET, A CHOR.D BEARING OF S 06°46'30" W, AND A CHOR.D LENGTH OF 393.82 FEET TO A POINT FOR CORNER; S 00°46'00" E, A DISTANCE OF 772.57 FEET TO A POINT FOR CORNE�E C E IV E D FES o s 2007 Page 1 of 3 l:\SLD\Q2421300�SDATA�ZONING.doc Pe� ��������.��a� ALONG A CURVE TO THE RIGHT HAViNG A DELTA ANGLE OF 70°04'32", A RADNS OF 843.50 FEET, AN ARC LENGTH OF 1031.64 FEET, A CHORD BEARING OF S 33°59'27" W, AND A CHORD LENGTH OF 968.53 FEET TO A POINT FOR CORNER AT THE INTERSECTION OF THE NORTH R.O.W. LINE OF CHEEK SPARGER ROAD; THENCE S 89°18'S6" W, ALONG THE NORTH R.O.W. LINE OF SAID CHEEK SPARGER ROAD, A DISTANCE OF 437.70 FEET TO A POINT FOR THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED AS PACEL 1 TN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TA►RRANT COUNTY, TEXAS (D.R.T.C.T.); THENCE N 00°O1'23" W, ALONG THE WEST LINE OF SAID PARCEL 1, A DISTANCE OF 2658.46 FEET TO A POINT FOR THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE S 89°02'S3" E, ALONG THE NORTH LINE OF SAID TRACT 1, A DISTANCE OF 549.10 FEET TO A POINT FOR CORNER; THENCE LEAVING THE NORTH LINE OF SAID PARCEL 1 THE FOLLOWING COURSES AND DISTANCES; N 44°32'16" E, A DISTANCE OF 504.74 FEET TO A POINT FOR CORNER; S 58°08'37" E, A DISTANCE OF 82.37 FEET TO A POINT FOR CORNER IN THE WEST LINE OF A CALLED 136.34 ACRE TRACT OF LAND DESCRIBED IN DEED TO SPARGER FAMILY LIMITED PARTNERSHIP PARTNERSHIP RECORDED IN VOLUME 16472, PAGE 390 OF THE DEED RECORDS OF TA►�tRANT COLJNTY, TEXAS (D.R.T.C.T.); THENCE N 00°39'20" E, ALONG SAID WEST LINE, A DISTANCE OF 541.65 FEET TO A POINT FOR CORNER; THENCE N 00° 15'08" E, A DISTANCE OF 443.19 FEET TO A POINT FOR CORNER; THENCE N 00°28'33" W, A DISTANCE OF 1306.92 FEET TO A POINT FOR CORNER; THENCE S 89°50'41" E, A DISTANCE OF 344.46 FEET TO A POINT FOR CORNER; THENCE N 00°09'S1" W, A DISTANCE OF 225.22 FEET TO A POINT FOR CORNER; Page 2 of 3 l:�S LD�02421300�SDATA�ZONING.doc THENCE N 88°42'20" E, A DISTANCE OF 22.07 FEET TO A POINT FOR CORNER; THENCE S 00°27'31" E, A DISTANCE OF 28.94 FEET TO A POINT FOR CORNER; THENCE N 89°23'34" E, A DISTANCE OF 195.12 FEET TO A POINT FOR CORNER; THENCE ALONG A CURVE TO THE RTGHT HAVING A DELTA ANGLE OF 13°35'47", A RADNS OF 1587.18 FEET, AN ARC LENGTH OF 376.64 FEET, A CHORD BEARING OF S 84°20'11" E, AND A CHORD LENGTH OF 375.76 FEET TO A POINT FOR CORNER; THENCE S 76° 13'22" E, A DISTANCE OF 105.52 FEET TO THE POINT OF BEGINNING, AND CONTAINING 108.5 ACRES OF LAND, MORE OR LESS. 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NOW THEREFORE, BE IT ORDAINED AND MUTUALLY AGREED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE AND THE CITY COUNCIL OF THE CITY OF EULESS: SECTION 1. T'he fmdings set forth above are incorporated into the body of this ardinance and agreement as if fully set forth herein. SECTION 2. Pursuant to Section 43.031 of the Texas Local Government Code, Tract A, as described and depicted in Ezhibit A, sha11 be released from the corporate boundaries of Euless and simultaneously incorporated into the corporate boundaries of Colleyville. Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 1 SECTION 3. The laws of the State of Texas sha11 govern the interpretation, validity, performance, and enforcement of this ordinance and agreement. The parties agree that exclusive venue shall lie in Tarrant County, Texas for any dispute arising out of this ordinance and agreement. Before a suit is filed by either party based on or pertaining to this ordinance and agreement, the parties agree that they will submit the dispute for mediation, pursuant to the procedure described in Section 154.023 of the Texas Civil Practice and Remedies Code, as amended. SECTION 4. The effective date of this ordinance and agreement shall be the last day this ordinance and agreement is approved by a party hereto as indicated on the signature blocks below. SECTION 5. Either party may file a certified copy of this ordinance and agreement in the real property records of Tarrant County, Texas. SECTION 6. It is expressly understood and agreed that, in the execution of this ordinance and agreement, no party waives, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By approving this ordinance and agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this ordinance and agreement shall not create any rights in parties not signatories hereto. SECTION 7. This ordinance sha11 be cumulative of all provisions of ordinances of the cities of Colleyville, Texas, and Euless, Texas except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. SECTION S. It is hereby declared to be the intention of the City Council of the City of Colleyville and the City Council of the City of Euless that the phrases, clauses, sentences, paragraphs and sections of this ordinance and agreement are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance and agreement sha11 be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance and agreement, since the same would have been enacted by the City Council of the City of Colleyville and the City Council of the City of Euless without the incorparation in this ordinance and agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 2 SECTION 9. Should this ordinance and agreement for any reason be ineffective as to any part of the area hereby incorporated into the City of Colleyville, such ineffectiveness of this ordinance and agreement as to any such part or parts of any such area sha11 not affect the effectiveness of this ordinance and agreement as to the remainder of such area. The Colleyville City Council hereby declares it to be its purpose to include as part of the City of Colleyville every part of the area described in E�ibit A of this ordinance and agreement, regardless of whether any part of such described area is hereby not effectively annexed into the City. Provided, further, that if there is included within the general description of territory set out in Exhibit A of this ordinance and agreement to be hereby annexed into the City of Colleyville any lands or area which are presently part of and included within the limits of the City of Colleyville, or which are presently part of and included within the limits of any other city other than the City of Euless, or which are not within the City of Colleyville's jurisdiction to annex, the same is hereby excluded and excepted from the territory to be annexed hereby as fully as if such excluded and excepted area were expressly described herein. SECTION 10. The City of Euless and the City of Colleyville do hereby covenant and agree to protect, preserve and defend the herein described boundary adjustments. SECTION 11. This Joint Ordinance and Boundary Adjustment Agreement, upon adoption by both cities, shall be executed in duplicate originals by the Mayor of each City. APPROVED by the City Council of The City of Colleyville, Texas, at its meeting held on the day of 2012. CITY OF COLLEYVILLE, TEXAS : ATTEST: : Cynthia Singleton, City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle, City Attorney David Kelly, Mayor Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 3 PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 28 day of February 2012, by a vote of 5 ayes, 0 nays and o abstentions. CITY OF EULESS / � � I .1 � . i I ,_ _/Ili , �. . � ATTEST: By: ' Sutter, RMC, City Secretary APPROVE S TO FORM AND LEGALITY: �.7 yne . Olson, City Attorney Ordinance No. 1945 Boundary Agreement with the City of Colleyville Page 4 Date: � Z�� 1Z I will speak In Support of this item SPEAKER CARD I will speak In Opposition to this item. I do not wish to speak, but please record my: support opposition Agenda Item Number: `P Ordinance/Resolution Number: Name: ����� �� t � � C-� Address: �Q� �d� �c � �►� �� City: � Telephone No.: ��� � � � —� 42 I represent: [�Self ❑ Organization: I understand I am /imited to speaking for five minutes. For business not listed on the agenda as a Public Hearing, City Counc wi/I not respond in accordance with the Texas Open Meetings Law, Chapter 551 of� Texa ocal Goverr�►enr Code. Signed: This is a Public Record EXHIBIT A "TRACT A" EXHIBIT "A" NOTE� L BearYgs nr� beutl on Mfor1ptbn fron conp%etl survey prepnnd by Gront EnpYwerkp, Inc on 1-23-2008. �� � }[y� � �5 ��6 w �a� —� i �� �, I w I J � � � m S/t' p6 T' ��ti � 5`�0 '�� SM0.6R fAMRT L467ED FN(IIERAIV VRYIE W]!, i1YE fl0. ORT,CT. ���I A - 3T1YaS' 1 R=Y13.53' � L • 129L93' LC � INER9'27'E t162.OB' �� � � D�vW GEN s iy! i VRUE l�Nf. ►A4E EsL � ➢RrGT. � <i � ��� ����� $5�0. � �� -- °� � --- _ � � � ,� ar I � �� / ([� CJMRES A IQx. .R � � VRYE 39�� 1Afi 310. A DRiLT. /� � �r �� %y o �� " C��TL�OLLFlVI�LLE ( � w"�1 �Rl Sq.ft. S89'S7'30'E � � K �SP�M+iG,E�RgR�O�AL�D'�� \ - E67'1C09 ��R� lD�� -' _ �'39' wwomMt[ lLUrol 1063.70' �� P.O.B. °""' H.B.B. k C.C.x. Co. suxveY °� ABS7'RAGT N0. 441 `��b R. t0�8.632'� � '!n L . 23[.00' CITY LIMIT �INE ADJUSTMENT q- lC � S7t'�3it DESCRIPTION (� z�.sr• TO THE C2TY OF YVI Being the c!r[ein tract of qM sitwtad in thg l. DOSS SUqVEY. AbstrM No. A�1 and being a porCOn W tM ONiron[! No.192 ro Ciry of Euless and a portbn of the trac[ dereAbed in ehe deed to Sparpr family LimiteA Partnmhlp as recoMM in Vdume 16172, Page 390 of Deed Records. Tartarrt Courrty. 7eoz aM beiig mon partKVlarly described u fdbws: BEGININNG x a poiM at Me intenection of the tolkyvilk Ciry Limit and tM BedfoN Gky Umit 6aundarles (rom wNch a S/8' iron roA found for the southwest wmer M sald Sparger tnct besrs North 69'SS'2T WeA at 207.68 feet THENCE North 00'07'13' West,15.16 feet W tAe beginrirK of a wrw to the kft; THENCE northeaRerlY with stW cvrve to the kk, haviiy a ndius o( 843.fi3 teet. a urKral a�le o! 3T42'OS', an arc Nn�th of 250.26 feet W the apparcm hKerzec[lo� p( tAe north ri6htoiwqy pf said Cha�k Spar�er Road and the eut rkM.of-Mqy Iine c( Nvih�e Avenua, cOMinWM with s�id ean ri�toi-way line e tohl m len`M o} 1281.93 kot anE i lon� clqrd d North Q'29'2T East at 3162.06 feet to a 5/8 inch iron rod /ourd for the end of said curve, same bel� tM mery{ing of the wst ri`IrtaFway Iirie ol WooEpark Une; THENCE South Ol'02'49' East wiM said e�tt riahtcf-wry line M Woodpark Une. 750.80 tee[ m the southweR comer p( the Vact dexribed to Charles A HoN, Jr. ard wik. Msry W Hoel u ncorded in Volume 352I. Page SCO of saiA pe�y peoprds; THENCE South 89'S7'S0' Eart with the toutM1 Iim of sai0 Xcel trM, aPVrodmately 38.00 het to the rwrthwert comar of the tract describeA [0 Cheek•Sparger PropMies, LLP. x recorded in Docume'tt No. 0206013089 af said Oeed petordy; TMENCE South OS'10'!2' Em, 58.85/eet to tM beginning of a wrve to tM1e right: TNENCE southeauerly w@h niA cutve W the rithl, havi� a ndius of 3058.63 feet, a cMtr�l snae M 12'33'23", an art kr�th of 232.00 feet aM a lang choN ot South 71'31'SC" Eut ac 731.54 feet: THENCE South 65•18'W' EasL 4.39 feet to said north Crcy Umk Ilne of the Chy of Bedlprd and wuth City Limk line of the pry o( Euless; TMENCE North 89'S]'OT West wriM saiE common Ciry limit Iine. 3065.70 he[ t0 the plue of ba�imir� aM mMainirK 4.438 acres of land, mare ar less. ThY Mwn�t �a M�perN vMr il TAC lN.21. Aer NOT wlbat tM rMi/b d IM Vqn� wntip. an� Y net Oe M uw0 b OOmq a MMIMi NWrI N h�l P�l �0� 11nw Ilylb �tl YIOw�b ��a �M�lan /ai ,��oP r� �� e:r ar a. �iP'�� * ��O'•;N DATE� �^�ary 23. 20t2 ..:.................:... R�CKY L SiENTRY LEGEND SCALE� 1' = 200' 'y :' %�.9, �•�Q' u�'[ . ur�u� �'O''•' � "'� DRAVN HY� R.L.G. � Slift`1� ru[ - �ura�T p � �� �� BLS JOH k mv • mm won roum ws • a� q� sfr -z- • v[�cE E�chibit "A", Page 1 �LA�NV�r /� n�wmrro�RWamKilt�scklrru�ro0l�wE ••� 105 DENTON DRNE ROANOF�. TF�(pg 76262 PHONE (817) 961-0082 FAX (817) 981-0088 SHEET 1 �i' 1 LlT y U�, � CC3LLEYVILLE TF � ,�c Agenda Number 7 Type Report Department Collevville Center City of Colleyville City Council Agenda Briefing Agenda Date 03/06/2012 City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Title Colleyville Center Advisory Committee Minutes - November 14, 2011 Planning and Zoning Commission Minutes - February 13, 2012 Attachments 1. Colleyville Center Advisory Committee Minutes - November 14, 2011 2. Planning and Zoning Commission Minutes - February 13, 2012 City of Colleyville Page 1 COLLEYVILLE CENTER ADVISORY COMMITTEE FY 2011 - 4th QUARTER NOVEMBER 14, 2011 MINUTES Present: Chair Mark Johnson, Karen Birkes, Linda Creed, John Gray, Joyce Hammill, Suzanne Harrington, Fred Mills, Paul Vigiletti and Tom Westerman Assistant City Manager Terry Leake, Center Manager Lin Przybyl, Center Coordinator Marilyn Gilbert and Center Building Assistant, Tim Hightshoe Absent: Jon Bullock, Deena Dendy, Louis Miller, Connie Nichols and Mary Smith 1. The meeting was called to order at 5:35 p.m. 2. The Committee approved the minutes from the August 1, 2011 Center Advisory Committee meeting as written. 3. Staff reviewed the FY 2011- 4th Quarter Report. Staff discussed Colleyville Center's latest marketing initiative which was a booth at the Star-Telegram Bridal Show - Gaylord Texan Resort. Staff attributed three (3) bookings as a direct result of Center's presence at the show. 4. Staff reviewed the City Council approved Fee Schedules for FY 2011-2012. 5. The Advisory Committee discussed strategic marketing. Staff reviewed current online marketing including Facebook, Twitter and YouTube exposure. Members suggested GOBO, blogging and increasing the number or memberships in professional organizations for networking purposes. Committee members suggested that electronic signage in front of the Center would make a marketing impact as well as provide additional revenue for the Center by selling advertising space. The committee requested that the electronic signage discussion be included as an action item in the next quarterly Colleyville Center Advisory Committee meeting scheduled for February 2012. Staff updated the committee on the installation of the Balustrada Plaza landscape lighting and the addition of custom colored interior up-lighting. 6. Meeting was adjourned at 6:40 p.m. - �"' `�� City of Colleyville � }'��� ���`� Minutes - Final .--�-�.-' r.:,.�_ Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 13, 2012 6:15 PM City Council Chambers LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES 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 February 13, 2012 at 7:00 p.m. f+�:1�7 � ��_1 � � K� I �1�[�Z�_� � [�7 �I 4 Present: Commissioners Larry Knox, Dave Dudziak, David Wheelwright, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Rob McKeown, Marty Wieder and Amy Shelley The invocation was given by Commissioner Wheelwright. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Davis moved to approve the January 23, 2012 meeting minutes with grammar corrections. Commissioner Rotthaus seconded. City of Colleyville Page 1 Printed on 2/28/2012 Planning and Zoning Commission Minutes - Final February 13, 2012 6 7. The motion carried by the following vote: Aye: 7- Knox, Dudziak, Wheelwright, Davis, Rotthaus, Phelps, Byerly CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a Special Use Permit for an Auto Repair and Paint and Body Shop on Lot 2A, Block 1, of the D and W Addition located at 6800 Colleyville Boulevard, Case ZC12-002 Amy Shelley presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:08 p.m. Blaise Hadley, the applicant, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Hadley regarding if the proposed blue band shown in the exhibits is metal or painted stucco? Mr. Hadley replied that it is a pre-fabricated metal that would wrap the entire front of the building from the roof edge down approximately five feet. He further explained that the corner of the building would be wrapped with the blue metal and then the orange color (painted) would start from approximately 15 to 20 feet from the front to the back. Commissioner Dudziak questioned Mr. Hadley regarding if the side building would have the same schematic. Mr. Hadley replied yes. Commissioner Dudziak questioned Mr. Hadley regarding if there will be any compressors located outside the building. Mr. Hadley replied one compressor will be located inside the building. Commissioner Dudziak questioned Mr. Hadley regarding sign lighting . Mr. Hadley replied the sign would contain a back lit LED light, as long as it was approved by the City. Commissioner lighting. Mr lighting. Dudziak questioned Mr. Hadley regarding any safety Hadley replied that there would probably be security Commissioner Dudziak questioned Mr. Hadley regarding the gate, would it be metal or wood? Mr. Hadley replied that there is currently a metal gate however he stated that they can add more screening to the fence City of Colleyville paye 2 Printed on 2/28/2012 Planning and Zoning Commission Minutes - Final February 13, 2012 such as wood, if required. Mr. Hadley stated that the hours of operation would need to be written into the ordinance, however, he would like to have the hours to reflect 8:00 a.m. to 6:00 p.m. on Saturday. Mr. Hadley stated that they would like to construct an eight foot wood fence versus an eight foot masonry fence that is proposed in the ordinance. He explained that masonry is costly and would not match what is currently in the area. Mr. Hadley stated that they would prefer to only pave the parking lot areas not the area in the back like what is proposed in the ordinance. Commissioner Phelps questioned Mr. Hadley regarding what is currently located at the rear of the property with regard to paving? Mr. Hadley replied that there is old gravel. Commissioner Phelps questioned Mr. Hadley regarding if the area could be landscaped? Mr. Hadley replied yes. There being no one wishing to speak, the public hearing was closed at 7:21 p.m. Commissioner Davis questioned staff regarding what would need to be placed in the ordinance to address the "dead" zone between fences? Ron Ruthven stated that a screening fence is required and therefore they could approach the adjacent property owner to see if they can replace the fencing and then maintain the fence on the subject property. Commissioner Phelps questioned staff regarding what type of fencing is in place right now. Ron Ruthven replied that there is a six foot wood fence currently in place. He further explained that City Council has requested that eight foot masonry fences be installed between residential and commercial. Commissioner Phelps stated that there are issues when the property lines do not currently match up which create fencing that is not straight. Ron Ruthven concurred. He stated that this would be one of those times when the property owner would take over the maintenance responsibilities of the fence. Commissioner Byerly questioned staff regarding if the paving of the rear property was a previous requirement for another business owner. Ron Ruthven replied yes. He stated that the Land Development Code requires that all parking areas must be paved. He stated that with this case, since there will be no parking in the rear, then they may be able to City of Colleyville Page 3 Printed on 2/28/2012 Planning and Zoning Commission Minutes - Final February 13, 2012 landscape this area. Commissioner Byerly questioned staff regarding the parking requirement behind the building. Ron Ruthven stated that the parking in the rear would be anything behind the front line of the building. Commissioner Dudziak questioned staff regarding if the proposed blue metal banding is considered a wall sign? Ron Ruthven replied yes and no. He stated that the actual wall sign could not take up more than 75% of the wall sign area. He stated that the current sign (logo and lettering) would meet the Land Development Code. Commissioner Dudziak stated that it appears to be one giant sign and therefore does not meet the letter of the code. Ron Ruthven stated that he does not look at the entire blue section as part of the sign. He stated with this being an SUP, the Commissioners can be more specific, if necessary. Commissioner Rotthaus questioned Fire Marshal Rob McKeown regarding the paving or the greenbelt, has this area been inspected to know whether or not that the back is needed for a fire lane. Marshal McKeown stated he would need 24 feet on either side of the building matching the appropriate turning radius behind the building. He stated as long as those requirements were met then he had no issue with landscaping the area. Commissioner Byerly questioned staff regarding landscaping requirements for the subject property. Ron Ruthven replied that none have been added since there is very little area in the front that can be landscaped especially since TxDot owns the right-of-way. He stated that live plantings in pots could be added. Commissioner Byerly questioned staff regarding what is located to the rear of the subject property. Ron Ruthven replied that it is the required open space for the Monterra subdivision. Commissioner Phelps questioned staff regarding if it would be reasonable for the fencing to match across the back especially since there will be landscaping along the back side. Ron Ruthven concurred and stated that the condition may be added to the ordinance. Commissioner Byerly stated he would like to see a masonry fence since the wall could be maintained and it would be more durable. Commissioner Phelps stated he would concur if there were masonry fences already in the area. He further explained that a masonry fence will stand out more than enhance. He stated that the landscaping will City of Colleyville Page 4 Printed on 2/28/2012 Planning and Zoning Commission Minutes - Final February 13, 2012 enhance the property especially since there is no room out front for landscaping. Ron Ruthven stated that at least for half of the property, there is no fencing, according to an aerial. He further explained that it appears to be wood. Commissioner Dudziak questioned staff regarding what fencing is located behind the Chamber building. Ron Ruthven replied that according to the aerial, there is no fence. He stated he would have to check and see if it was a requirement when that property was built. Commissioner Dudziak concurred with Commissioner Byerly regarding a masonry fence. Commissioner Byerly moved to approve case ZC 12-002 per the proposed ordinance with the hours of operation being Monday through Saturday from 8 a.m. to 6 p.m.; and deleting the section for paving the rear area and only require the area to be paved for the adequate fire lane. Commissioner Phelps seconded with a friendly amendment that the current gravel area located at the back of the facility be removed and replaced with sod. Commissioner Byerly accepted the friendly amendment. The motion carried by the following vote: Aye: 6- Knox, Wheelwright, Davis, Rotthaus, Phelps, Byerly Nay: 1 - Dudziak Commisisoner Dudziak stated he wanted staff to hold the applicant to the letter of the sign ordinance. He stated the 75% of sign coverage would cover the metal banding and be considered part of the signage. 7b Approval of a request for a Special Use Permit for an Automotive and motor vehicle sales on Lot 3, Block 1, of the Ponce Addition located at 1803 Tarrant Lane, Suite 150, Case ZC12-003 Amy Shelley presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding the location of the proposed SUP request. Amy Shelley explained, using the exhibits in the briefing, the location of the proposed SUP. Commissioner Phelps questioned staff regarding if there is a significant elevation change from this property and the residential zoned properties. Ron Ruthven replied no, there is no significant change in elevation. City of Colleyville Page 5 Printed on 2/28/2012 Planning and Zoning Commission Minutes - Final February 13, 2012 Commissioner Byerly opened the public hearing at 7:49 p.m. Hal Robinson, the applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Robinson regarding how the vehicles are transported to the facility. Mr. Robinson replied that the vehicles are driven to this location by either him or his wife. Commissioner Dudziak questioned Mr. Robinson regarding if there will ever be a need to display cars outside. Mr. Robinson replied no; they only plan to do internet sales. Commissioner Byerly questioned Mr. Robinson regarding the hours of operation, will those hours need to be altered after having seen them in the ordinance? Mr. Robinson replied no; these hours will work. Commissioner Dudziak questioned Mr. Robinson regarding the appointment only aspect could be seven days a week. Mr. Robinson stated that he would not allow it to be seven days a week because he is not willing to work on Sunday. He further stated that it will usually be by appointment only. There being no one wishing to speak, the public hearing was closed at 7:54 p.m. Commissioner Phelps moved to approve case ZC12-003. Commissioner Davis seconded. Commissioner Dudziak dealerships in Colleyville Ron Ruthven replied yes. questioned staff regarding if there are that are now asking for outside auto sales. Commissioner Dudziak questioned staff regarding if this could evolve into the same. Ron Ruthven replied yes however the applicant will then have to come in and amend the SUP. Commissioner Dudziak questioned staff regarding if the other location also started out as an internet based vehicle sale facility. Ron Ruthven replied yes. Commissioner Byerly stated that this is only 2,400 square feet of space and also located at the end of Tarrant Lane, not highly visible like the location on John McCain. City of Colleyville Page 6 Printed on 2/28/2012 Planning and Zoning Commission Minutes - Final February 13, 2012 The motion carried by the following vote: Aye: 6- Knox, Wheelwright, Davis, Rotthaus, Phelps, Byerly Nay: 1 - Dudziak 8. ADJOURNMENT The meeting adjourned at 7:56 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, February 10, 2012 by 5:00 p.m. Amy Shelley, Community Development Coordinator The meeting minutes were approved on February 27, 2012. City of Colleyville paye 7 Printed on 2/28/2012 RESOLUTION R-12-3475 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MARCH 6, 2012 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 ABSTENTIONS ON THIS THE ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND DAY OF CITY OF COLLEYVILLE David Kelly Mayor f►�iyN�